The Sun. — London, England, 1833-11-21 00:00:00

CI) r *an * • • LONDON, THURSDAY EVENING, NOVEMBER 21, 1833. The Paris papers of Tuesday, which arrived this morning, contain no information of a de cisive character from Spain. There are accounts, however, from Bayonne, of the 15th, and from St. Jean de Luz of the 14th inst., which state that General SAARSFIELD was to proceed on Vittoria by a combined movement. SAARS FIELD himself was to lead a division by the road of Miranda; San LORENZO another by Logrono, and a third column was to proceed by Pampeluna. The Memorial des P . yrennes states that a Russian and a French courier, who were very anxious to proceed to Madrid, at tempted to pass the bands of insurgents, but they were stopped and plundered of their money and despatches, and with difficulty pre served their lives. The Carlist Chiefs at lrun have, however, announced to the British Consul at Bayonne that British Couriers will be re spected. A Ministerial Paris Paper contains the following :—" The Royalist Volunteers of Murcia have refused to surrender their arms. General MUrtILLO has arrested at Corunna (in Gallicia) several persons accused of treasonable practices. General QUESADA has done the like at Valladolid, in Old Castile." A French trad ing vessel is said to have been captured by a boat manned by the insurgents of Bilboa and brought into that port. The Paris Papers mention the arrival of a steamer at Anco►►a from Corfu with despatches for the British Admiral, announcing, as was reported, the passage of the Dardanelles by the combined squadrons of France and England. FRENCH FUNDS.—PARIS, Nev. 19. Five per Cents., 102 f. 25c. 30c. Three per Cents., 741. 80c. 75f. National Loan, 11.211 10c. Bank Actions, 1,7'...2f. 50c. Rente de Naples, 911. 40c. Roman Five per Cents., SPA. Rente d'Espagne, Five per Cents., 18.4. Rente d'Espagne, Three per Cents., 26%. Royal Spanish Loan, 7736. Rente Perpet. d'Espagne, Five per Cents., 61% Belgian Loan, IKII, Five per Cent., 96%. Haytian Loan, 2651. EXCHANGE ON LONDON. (hie month, paper, 251. 31 , c. ; money, 25f. 30e. Three months, paper, 25f. 20c. ; money, 25f. 20c. —Cours Authentique. Brussels papers, to the 20th inst., arrived this morning. They contain no political news of importance. An article from Italy states, that the Duke of LUCCA, a member of the Bourbon family, having protested against the change in the succession to the throne of Spain, the QUEEN REGENT has deemed it expedient to withhold the payment of the revenue he has hitherto received from Spain, until he shall have acknowledged her daughter's right to the crown. This is a business-like way of bringing the Duke to his senses. The QUZEN might try it on another Duke in this country, who is the soul of the Tory party by which her ene mies, the Carlists, are so warmly countenanced. A Tory journal contains the following para graph, certainly strange, in its columns : " The Ministerial papers are constantly endeavouring to bully the people into a supposition that this country is prosperous, and that tens of thousands are not suffering under the most distressing privations. The poor rates and committals for trial, however, are unerring tests; while such tables as the following can be drawn from official data, the country must be suffering through their plethora: — Year. Amt. of Poor Rates. No. of Committals. 1826 £5,676 , 000 15,986 1827............ 6,179,000 17,654 1828............ 6,031,000 16,307 1830 ............ 6,553,000 17,759 1831............ 6,509,000.. 19,269 1832 6,731 ,000 20,4.86 This is all very true, but what have the pre sent• Ministry to —o with it ? It is the work of the Tories, and it is chiefly the Tories who would:bbir perpetuate the syetem tinder which crime and poor's rate undoubtedly must in crease. Three millions of mouths have been added to the population since 1821, and the 4vg C~ ' \ \P \ •.‘ . * • Tories endeavour to . prevent atly increase of t he field of production from whic, these mouths must be filled. They partially fail, but to a considerable; extent they succeed, and behold the result ! It is stated in the Times of this morning, that the whole of the exiles included in the amnesty lately granted by the Queen Regent of SPAIN, have refused to avail themselves of the bene fit of that act. This is erroneous. Three of the number, as we mentioned two days ago, inend to return to Spain ; but it is due to those gentlemen to state, that the cir cumstances under which they avail themselves of the amnesty are of a peculiar character. Like the other Spanish exiles, they are deter mined to give no assistance to the Government whilst the Ministry is composed of men who are known to be hostile to free institutions. When it is considered that many of the gentle men who have been amnestied have, in addition to the natural attractions of the land of their birth, many dear and tender ties to render a return desirable, it will be admitted that their sense of political integrity must be strong in deed, for them to refuse such a boon from the hand of the QUEEN REGENT. They feel that their return to Spain, in the present state of the Government, would merely have the effect of strengthening the QUEEN REGENT in the course which she has chosen, at the same time that it would look like a mean abandonment of the brave and excellent men who have not been included in the amnesty. The reply of one of the amnestied exiles, a man of 70, and labouring under a severe illness, which the climate of his country would materially alleviate, to the advice of his medical attendant, is worthy of an old Roman :—" I would return to my country for her good, if I were certain of expiring on the instant of my arrival ; but T will never allow my bodily infirmities to overcome my sense of duty." A French Paper of Monday, Le Temps, mentions a report that the QUEEN REGENT had removed all the restrictions from the late Act of Amnesty, and abolished all distinction between the exiled patriots. " Gratitude and love of country," says Le Temps, " will attract these generous spirits to their native soil. Let the QUEEN only modify her Manifesto, and upon her royal word thousands of powerful and intelligent men would arm themselves, and speedily clear the provinces of her enemies, whose chief strength lies in the distrust of her friends." We concur to a considerable extent in the opinion of our French Contemporary, but the modification of the Manifesto will not suffice. It must be wholly retracted. Dutch Papers of the 20th instant have been received late this afternoon. Their contents relate to the eternal question of Belgium and the three Northern Powers, and the German Con federation, but possess no public interest. If the Northern Despots had been sincere in their professions, the question would have been settled years ago ; but at this period it is really disgusting to hear of their anxious intentions to bring matters to a pacific and speedy termina tion. It has been a mere juggle throughout, and as such deserves the scorn and reprobation of all honest men. DUTCH FUNDS—AMSTERDAM, Nov. 19. Actual Debt, 234 per Cent. 4S% to 494 Amort Syndic, 43. per cent ...... B7 to 873, Ditto, ditto, 332 per cent. Voluntary Loan, 1831, 6 per cent 1023.4 to 103 Ditto, 1532, 5 per Cent. Ditto, 1833, 5 per Cent. Exchange on London Ditto. two months l2 0 to 12 023 i —Dutch Papers, Nov 20. The assertion of Mr. HILL, made publicly the other day, at a public dinner given to him by his constituents at Hull, to the effect that one of the Irish Members, who inveighed most vehemently against the Coercion Bill, had pri vately waited upon ministers, imploring them not "to bate a jot, but to stick to the whole Bill," seems likely to bring the Hon. Member into trouble. He has, in fact, with a rashness most unaccountable in a lawyer, run his head into a hornet's nest. If, therefore, he is all but stung to death, he cannot wonder at it. It is the natural consequence of his temerity. Unless prepared to afford every necessary information, he should never have brought forward the charge. The Irish Members will of course follow—indeed they are bound to do so—the example of Mr. JOHN O'CONNELL, and then, what a dilemma will poor Mr. HILL be placed in ! He cannot back out of it ; the charge is too serious and sweeping a one to be got rid of by equivocation ; he must either give up his authority, or confess (to use a courteous phrase of FooTE) that he has been " more poetical in his prose " than suits the established etiquette of society. As a practised lawyer, Mr. HILL must know this ; he must know also that public character is not to be left at the mercy of an unauthenticated charge; it is too sacred a thing to be thus sneered away at random. He must substantiate his charge by evidence, and this without a moment's delay. Mr. O'CONNELL, we per ceive, in a letter addressed to the " Hull Radi cals," has taken up the matter warmly. And no wonder. What affects the tail, cannot also, from sympathy, but affect the head. As well wishers to Mr. HILL, we trust he will see the propriety of at once coming forward, and afford ing every necessary explanation. A morning paper has stated that Lord AL THORP has resolved to repeal the house and win dow taxes, and to make up the deficiency by an additional tax on British spirits and foreign wines. This absurdity of the imaginary means of supply ing the deficiency which would be occasioned by the repeal of the house and window taxes, rendered it almost unnecessary for us to make any inquiry as to the truth of the statement. We have done so, however, and find that there is not the slightest foundation for the assertion of our contemporary. Lord ALTHORP would hardly venture to i mpose an a ddi t i ona l d uty duty up on foreign wines at a moment when the public demand a diminution of them ; knowing too, as he must, that an increased duty would cause a diminution of the consumption, and k ** • that 640u1d, couseitueUtly, make up none of the deficiency in question by such a proceeding. As to an additional duty on British spirits, we doubt whether, with such a preponderating in terest as the agriculturists have in the House of Commons, Lord ALTHORP would propose an additional duty on distillation from grain. Be sides it is not certain that any decision has yet been come to as to the repeal of the house and window taxes. A Morning contemporary observes that in a speech lately delivered to the Coun cil of Administration of Warsaw, assembled at Modlin, the Emperor of Russia made use of the following observations :—" Gen tlemen, you must persevere in your course ; and as to myself, so long as I live, I will op pose a will of iron to the progress of liberal opinions. The present generation is lost, but we must labour with zeal and earnestness to improve the spirit of that to come. It may, perhaps, require a hundred years. I am not unreasonable—l give you a whole age—but you must work without relaxation." This is a fine sample of Imperial rigmarole, and well deserves the pointed comment which the quick-witted Mr. Burchell attached, by way of rider, to the vivacious boastings of Lady Blarney— " Fudge !" His Imperial Majesty, it seems, will oppose a " will of iron" to the progress of free and enlightened opinions. We defy him to do so. Yes, even with the omnipresence, om niscience, and omnipotence, which the Russian Catechism attributes to him, we defy NICHOLAS to arrest the progress of rational and liberal opi nions for one single instant. He may set his barbarian hordes in motion ; he may martial all the North in arms against southern Europe fine, imprison, banish, torture, murder by whole sale, and still he will just be where he was when he set out on his Quixotic crusade. Brute force has no power over thought. The material cannot grapple with the immaterial. Freedom is a subtle, restless, invincible spirit, which no manifestoes can effect, no dungeons can reach. Like the air of heaven, it is here, there, and every where When you think you have pinned it up in a corner in the North, lo ! it has eluded your grasp, and is mocking you, and playing all sorts of anti-imperial pranks in the South. And yet NICHOLAS, like that other congenial tyrant who attempted to lay violent hands on the waver, would check the progress of this etherial essence by the bayonet and the bullet ! Let him try, and we will send forth Lord BROuGELIM's schoolmaster against him, who, armed only with his horn-book and primer, shall, nevertheless, enact more marvels than ever SAMPSON wrought against the Philistines. Already the EMPEROR quails beneath the frown of this valorous Dominie; already he shrinks back at his bidding ; for what else withheld him the other day, when Constan tinople lay trembling and prostrate at his feet, from instantly availing himself of the oppor tunity to realize the fondest dream of Rus sian ambition ? His Imperial Majesty well observes, taking a Tory view of things, " the present generation is lost." It is so, never again to be consigned over to the tender mercies of bigots or despots. It has reached man's estate, and outgrown all its nursery bugbears, among which, that of a slavish idolatry of monarchs stands supreme. If, on the one hand, we have been disgusted at the barefacedness of the attempt of the Mer chant Tailors' Company to hide their malversa tions from the public eye, there are not wanting, on the other, examples of disinterested patriotism worthy of the citizens of a free country. In every town the municipal commission has visited, numbers of gentlemen have come forward and devoted a large amount of often valuable time to aid its inquiries. The result in the country has been the discovery of abuses innnumerable. The citizens of London appear resolved not to be behindhand in the great work of cor porate reform. So long ago as the month of September a respectable body of them met and appointed the following Committee to aid the Commissioners appointed by his MA JESTY in their inquiry into the Corporation of the city of London :—Messrs. W. Williams, J. Wilkinson, H. Hall, J. Newell, G. Machin D. Wire, J. Nicholson, W. H. Ashurst, W. Stevens, H. B. Fearon, J. Travers, H. Hoppe, J. Swain, N. D. Saull, W. Bestow, R. Taylor, W. Pritchard, A. Galloway, C. Pearson, J. Lutyens, D. Barrett, E. E. Hoppe, J. Sme thurst, G. Knapp, G. H. Heppel, A. Beck, and J. Dillon. The greater part of these are the names of gentlemen long known as advocating liberal principles, and to better hands, upon the whole, the care of the rights of their fellow-citizens could not have been con fided. The result of their labours is now before us in the shape of a report from a part of their number appointed as a sub-committee, to consider and determine what points and mat ters relative to the corporation of the city of London and the trading companies therein, it would be desirable to bring under the examina tion of his Majesty's Commissioners. The report commences by tracing the history of the constituency of London, and the elective rights of the citizens through the various usurpations of the trading companies to the Reform Bill. It then suggests that the three species of con stituencies now existing in the City should be reduced to one, either by the restoration of the scot and lot franchise, or the adoption as a qualification at all kinds of elections, of the 101. franchise of the Reform Bill, which in London would, from the high rents prevalent there, amount to a scot and lot franchise. The Committee of the Citizens, looking to this peculiarity of their case, are not willing to raise any objection to the 101. qualification, but admit that, q " Ie and of matterofchtohe precedentice,andon forthe ground of print other corporate cities, towns, or boroughs, we should desire a return to the scot and lot quali fication ; or rather that the holding o f a h ouse , should of lot, should and t a h n a d m p se a l y v i e n s g : o n t o t n u d t bearing man s , liar, k Str. ex ~ 2ll New 5 per Cent. — 3 per Cent. Het 1. 3 Per Cent, Cons. BB 7% 8 Ditto 1i0nd5...„....23 22 24 pm. 3!•6 per Cent. Ditto Red 95% Old Annuities New 3 per Cent. 96% New Ditto 3 rer Cent. Ant,. 1721 i..., j f.'. per Cent. Ann. 1751 4 Baer Cent. 1826 ... ...... 102% h lEx. Bills, XlOOO, 4O 41 pm. Bank Long Ann. to expire j Ditto 500 4O 41 pm. Jan. 5, 1868... _ll6 13-16 li 'Ditto FThall Oct. 10, 1850 16 11-16 . Ditto Commercial . ...... —Pre. Jan. 5, 'B6O --J.- Ditto Advertised — pm. Jan. 5, 1880 - Bank for Account ......... April 5, 1880 —llndia for Account ....• ..• , Jan. 5, 1870-- ....... PRICES OF FOREIGN FUNDS Austrian Bonds 944! Belgian Bonds 95%4 1 Ditto Account q 5 Ni ti 1 Brazilian Bonds Rio Ditto Account 654 Buenos Ayres Bonds 22'ii Ditto Account... — Chilian Bonds ... 23 Ditto Account — Columbian Bonds 'Ditto Account __77 THIS DAY AT OHE 0 CLOCK. Peruvian Bonds ,()% Portuguese Bonds 70% Ditto Account 704 2 14 Ditto New Bonds: 6O Ditto Acconnt 60 4 ii ,Prussian Bonds lOl% Ditto Bonds, 1822 lO3 Russian Bonds, 1822 1(2;4 Ditto Account lO2O Ditto 111 lO2 • ,Spanish Bonds, 1821 22% •` Ditto Ace. 0 2 2 4 1 Ditto Bonds, 1823 20% Ditto Account • French Rentes, sp.c —f —c. Exchange ...... —f —c. 3 per cent....... 75f —c. Exchange 2sf. 50.: Dutch, 9.1 p. c 49 3 6% Ditto Account 49%5C Ditto, 5 p. c 8 3 % % Ditto Accoun 03% l'i % I Fr.pnch Scrip ..... ......... 4C pin. Ditto Botnts, 1824 225 Ditto Account 0 234 Danish Bon 3 Ditto Accrunt. Plreek Bonds Ditto Boras, 1825. Ditto At:count Ala( lean Bondi, 5 per cent 27 Ditto Account r)itto, 8 per cent.-- t4 t Ditto Account 344 Neapolitan B9 PRICES OF SHARES THIS DAT AT ONE O'CLOCIr. Paid. Per Share. Altcn Mining Company £4 Anglo Mex. imin. k,o. (iss. at 5/. pm ) .£lOO Bolanos Mining Company £l5O Brazilian Mining Company £s Brazilian Imp. Min. Co. (iss. at 5/. pm.) £2O Dian Nati0na1............. D'Ato St. John Del Rey Ditto Cocaes 5 Cata Branca Mining Company ...... British Iron Mininv Comoany £so Colurobizn Minim, Co. 'iss at 5/. pm.) 51% English Mining Company l2k. General Mining Association l2 Hibernian Mining Co. £lo Mexican Mining Co. .£4B Real del Monte Mining C 0.... (unreg.) United Mex. Min. Co. (iss. at 21. nm ) 40 Ditto New Scrip 5 Alliance Fire Insurance Comp lO Protector Insurance Comp. Australian Co. 2N Canada Company l7 4N S General Steam Navigation Co. National Provincial Bank of England 5 3 Rio Doce Provincial Bank of Ireland 25 40 li 11% 11 52 n 13 1 6 11 %3'6% £1 5 6 PRICRS 07 IRISH STOCKS, DUBLIN, Nov. 18. B ink Stock Consols, 3 Der cent 6w. Stock, 33. per cent. 947 !National Ditto — Ditto, New 4 per Cent —'Hibernian Bank Gov. Deb. 3 , 4 percent.... 87% Provincial Ditto ...... Royal Canal Stock .... ..... Royal Irish Mine Grand Canal Stock lmperial Mine City Deb. 4 per cent 74% Mining Co. of Ireland Ballast Office Deb. 4D. c. tt46 Commercial Buildings Due. I Arrived. Arrived. Due. O America 0 0 Hamburg 0 0 Brazil O Buenos Ayres 0 0 Jamaica 0 O Carthagena 0 0 Leeward Islands ... 0 1 Dublin 0 0 Lisbon 1 1 Flanders 0 0 Malta 0 1 France 0 0 Sweden 1 Guernsey &Jersey.. 0 1 Waterford HIGH WATER AT LONDON BRIDGE TO-MORROW. Morning...ll minutes after 10.1 Evening...3B minutes after 10. 6Y4 4 2E04 28 give him all municipal rights." This is pre cisely what we contend for, not only in the case of London, but of every borough in the kingdom, and we trust that the Reformers throughout the country will exert themselves to induce the Government to go so far. At present there is every reason to appre hend that Ministers contemplate the general adoption of the franchise of the Reform Ac t in the elections under the new municipal con stitutions. We grant that in many cases this would be as vast an improvement as its adoption universally was in Scotland ; but it is not so great an improvement as the restoration of the old English constitutional scot and lot franchise• A new division of the wards of London, a different mode of electing both Aldermen and Mayor, is suggested, with different other steps, as a means of insuring to the citizens of Lon don the free enjoyment of those rights and liberties of which a long series of accumulating abuses have deprived them. The Committee holds its meetings at the Guildhall Coffee-house, and as his MAJESTY'S Commissioners begin to take viva voce evidence at Guildhall on Tuesday next, we would urge all who are in possession of information which may serve the cause of Re form, at once to communicate with the Secretary of the Committee. LITERATURE. THE GIPSEY MOTHER. LONDON, 1833. A republication—or Victoria edition, as it is styled—of one of Mr. Newman's old Minerva Press novels. We have struggled hard with our conscience, but flnd that we cannot honestly say one word in its favour. " Come, then, expressive silence, muse its praise I" COURT OF CHANCERY.-(THIS DAY.) IN THE MATTER OF TIIE SUITORS. Mr. Pares appeared, upon a petition presented by a Mr. Rennolds, who had been a clerk for 41 years in one of the Masters' Offices, praying that, in consequence of his ill stare of health, he might be directed to have the retiring pension. The state of his health was supported by affidavit. The ATTORNEY GENERAL appeared for the suitors, and did not object. Pen , ion ordered, which is four-fifths of the salary. JONES V. POWELL. Mr. PEPYS stated that this was the case in which the papers which had been used upon the trial at law were ordered to be delivered to Mr. Justice PATTHSON, to en able him to make his report; that the papers had been delivered yesterday, but that as no affidavit had been made by the solicitor for the defendant* why he had not furnished them earlier, he (Mr. Pepys) was now in a situation to ask for the costs of the motion. Sir E. SUODEN expressed his surprise at this statement, and at the modest request of Counsel. The fact was, that an affidavit bad been made by the solicitor, which he (Sir Edward) thought the Court would consider amply satisfactory. The Loan CHANCIELLOR desired to have the affidavits on both sides, that he might avail himself of an opportu nity:if reading them. Mr. BAGSIIIWE wished to have a day fixed for the hearing of the motion for the new trial. Sir EDWARD SUDDEN suggested that the better way would be in the first instance to obtain the Learned Judge's notes, and then for the parties to agree out of Court upon a day among themselves. The case was one of immense importance in point of property, and tbe mo tion would in all probability take a long time. Tile LORD CHANCELLOR said that - that would be the better way, and whe❑ the parties had agreed upon a day they had better mention it to the Court. ROWE V. GUDGEON. Sir E. SUGDEN applied for a day to be fixed for the hearing of this motion, in which Common Law Counsel were to attend. The case was very heavy, and would occupy a considerable time. The ATTORNEY-GENERAL, on the other side, did not object to an early day being named. _ _ _ The LORD CHANCELLOR ordered it to be fixed for the 26th and 28th days of the present month. KING OF SPAIN V. MACHADO. Sir EDWARD SIJGDEN stated that in this case Lord Eldon had put a stop upon a large sum of money which had b. eu deposited by Machado in the Court of Common Pleas, upon an action being brought against him by M. Men dizabel in the absence of other bail. The action had now been tried and a verdict found in favour of M. Mendizabel, to a much greater amount than even the sum deposited. He had therefore a motion to make for the transfer of that money, but he understood there we►s some preliminary objections to be taken by the Counsel on the other side, which, if not token immediately, and a valid objection, he (Sir Edward) desired to press on his motion. The ATTORNEY GENERAL, on the other side, said that his clients were under some difficulty in consequence of the death of the King of Spain. There was a Sp iniard here watching the cause on behalf of the King of Spain. but he did not feel at liberty to act without orders from his government, which he was daily in expectation of receiving. Should he not receive those instructions within a fortnight from this time, his clients undertook to be ready by that time with the best case they could make. Sir E. SuanEN expressed himself satisfied ; and here the case rests. The LORD CHANCELLOR rose before 12 o'clock, in consequence of there being no business before him in which Counsel were ready to proceed. ROLLS' COURT.-(THIS DAY.) WRAE V. HUTCHESON. In this case, in which the bill is filed by one partner against another of the firm of Wray and Hutcheson, Sur geons, in Farringdon.street, Mr. KINDERSLEY made an a st p r p u l c i k ca o ti u o t n o o f n behalf hisHono o u f e te Honour's paper, er, nt i i to nff which hit t s h t e cause oodfor to-morrow, in order that it might be beard before the Vice-Chancellor, where it appeared it had also been set down, there being a great arrear of business in that Court, for the purpose of delaying the hearing, as in the usual course of things it would be impossible, for several months, to bring it on for hearing if it was not to be heard at the Rolls. The pleadings and depositions amounted to upwards of two thousand folios ; and publi cation had only passed on the 15th of October last. The application was supported by an affidavit made by the managing clerk of the plaintiff's solicitor, which was read at considerable length. Mr. HICICIRSTETH appeared to oppose the application, and detailed a variety of circumstances for the purpose of showing that after filing a bill against Mr. Hutcheson, which contained the most unfounded and violent asper sions on his character and integrity, the plaintiff Wray his former partner, was now anxious by delay to prejudice the defendant's case. He hoped the Court would not en courage such an application to strike the case out of his Honour's paper. The defendant was ex tremely anxious, and was now perfectly ready, to meet in the openest manner the allegations in the bill, and it was important that the case should come on ha the re gular course before his Honour. Mr. KSNDERIMET said the plaintiff could not be ready for a hearing to-morrow, for which day the cause stood in the Master of the Rolls' paper. Mr. HICKERSTETII had no objection, if the application had been merely to adjourn the hearing for a few days on behalf of his client to give his consent to such a propo sition. lie had no objection that it should stand over till the second day of causes after Term. His HONOUR said be could not strike the cause out of his paper without the express consent of all par ties. In the present case it was, of course, i m portant that the defendant should have ri early oppor tunity of meeting the allegations in th e bill ; and there did appear on the other side an improper desire for delay. H e would not allow it to stand over another moment be yond the second day of causes after term. Mr. KINDERSLEY offered, as the bill was one between two partners, who were professional men, and contained matters of grave allegation on each other, it would be better for all parties that it should be referred to a gentle man at the Bar to settle the disputes. , Mr. HICICERSTYTH was ready t o consent t o any course of proceeding, but only on one condition, that Mr. Kindersley was instructed on behalf of his client (Mr. Wray) to chum, all %hs imputation. which he had thrown on Mr. Hutcheson, and to declare that the charac ter of that gentleman was wholly unblemished as a man of honour. Mr. KiNnEasLatr not acceding to this, the case is ap pointed to cane on on the second day of causes after term, VICE-CHANCERY CO URT.-(THIS DAY.) BOLTON V. EARL 24 ELsON. His HONOUR gave judgment this morning in this case, which came before the Court upon motion on behalf of the plaintiff, for the purpose of compelling the defendant to produce to the Clerk in Court the opinions he had taken of Sicilian lawyers, relative to the will of the late Horatio Viscount Nelson, respecting the Duchy of Bronte, granted by Ferdinand the 4th, the King of the Two Sicilies, to the Noble Viscount for the signal services be had rendered him. His Honour thought that there was nothing upon the face of the Sicilian grant that would lead the Court to suppose that there ever could be such limita tions made of the Duchy as the late Lord Nelson had attempted to snake, by which he had endeavoured to give to this Sicilian Duchy the qualities of an estate in Eng land. The present Lord Nelson, by his answer, represented that he, as tenant in tail of the property, had the power to nominate some person who should succeed him to the property, but he did not, in the opinion of his Honour, admit sufficient in his answer to entitle the plaintiff to call upon the Court for the documents, the production of which was the object of the present motion. If Lord Nelson chose to take the opinion of Sicilian lawyers on the judgment of the Court, lie was as much entitled to them as be would be to any Italian book lie had purchased. His Honour thought therefore that he ought not to grant the motion ; but at the same time, as it was in the nature of a speculation with regard to the effect of the Sicilian law, with respect to Lord Nelson's will, and as it might hereafter be proved in the cuuse that the plaintiff had the right, his Honour would direct the costs of the motion to be costs in the cause. b a appeared clear, by the a ffi davits, that the defend an t o r s violated the public peace, accompan i e d w ith no ordiliabe eletttee of violence. There was some doubt w hethe r or came behind the prosecutor and held his a ru" ' I 'o' assaulted him at once ; but he h a d u sed more v ' • lence than the Court could approve of, or that 11 came him as a gentleman. and th e Court ni rr i c h such cases was bound to visit the offence with m. n severity. The Court had great difficulty in invettiilob`; all the occurrences out of which the assault arose, there appeared a great degree of blame on the part r concerned. There was bl ame on th e p ar t o f the P:j.:cto cutor, and the Court highly disappt•obed of his 013 a .attl not in the statements he mad e t o th e o ffi cers of b''"„ p • regiment, but in the to ne an d manner o f t h e COoi rf ;:o cation in which he reflected on the character o f OP' t o was absent and could not defend hi mse lf—h e alludeti,c Captain Lowd. From the l anguage o f th a t comfo un :; tion arose the present assault. Upon that point th e n r it secutor was to blame. Looking a t a ll th e c ircurn 4 t s ,i n g the justice of the case would he answered by sen t l: f e , the defendant to one mo n th' s i m p r i sonmen t in the ' a n al Bench, and to find bail to keep the peace, himself ins and two sureties in 1001. each for three years. THE EARL OF RIYFON V. HOBART. In this case, which was a motion for an injunction to restrain the defendant from erecting a steam engine en certain property in Lincolnshire, . Mr. PEI;YS stated that he was not prepared to make the motion, in consequence of being unable to get the affidavit of Sir John Rennie, in answer to affidavits made on behalf of the defendant since the matter was last before the Court. The ATTORNEY-GENERAL and Sir EDWARD SUGDEN opposed the application. His HONOUx allowed the motion to stand over till the First Seal, the undertaking of the defendant not to proceed with the erection of the steam engine to be considered at an end. KING'S BENCH.-(THIS DAY.) DOE DEM. SMITH V. BIRD AND ANOTHER. This was an action of ejectment, and a verdict was found for the plaintiff, subject to the opinion of the Court o❑ three points of law, which arose on the will of a lady named Warren. Those points were argued on a former day, and this morning the Court gave judgment, by order ing the verdict to stand for the plaintiff, as to cert tin parts of the estate devised prior to the year 1790, and for the defendant as to those devised subsequently. THE KING V. BURT. Sir JAMES SCARLETT moved the judgment of the Court upon Lieutenant Burt, R.N., who had pleaded guilty to an indictment charging him with violently as saulting Captain Hodgson, of the 19th Regiment. The defendant appeared on the floor of the Court. Sir JAMES SCARLETT handed in a long affidavit of the prosecutor's, which was read. It entered into a long history cf the circumstances out of which the assault originated. In June, 1830, the prosecutor the defendant, and Lieut. D. C. Mills were members of the Junior Unite] Service Club, when a quarrel arose between 'Midi and the defendant, and a challenge was sent from the former to the latter. The prosecutor was Mills's second, and from some circumstances which occurred, an inquiry took place by the Club, which ended in the de fendant's expulsion. On that inquiry, the prosecutor and Captain Lowd (the defendant's second) gave evidence. Shortly after the expulsion, the defendant sent the pro. secutor a challenge, which, by the advice of his friends, he declined accepting. The defendant was then under sureties to keep the peace. A correspondence then ensued between the prosecutor and Captain Lowd, in which the latter used very insulting epithets towards the former, and three months afterwards the defendant published a placard, posting the prosecutor as a coward, one of the placards being enclosed in a letter to himself by the defendant. The prosecutor did not return any answer, conceiving the defendant to be undeserving of notice. Shortly after wards being appointed to the 19th Foot, to the officers of which he was previously unknown, he submitted all the circumstances to them, and they approved of his conduct. In a short time afterwards, Captain Lowd was about to return to his Regiment in the West Indies, and fearing he might carry reports prejudicial to the pro secutor's character, he wrote a letter to the Officers of Captain Lowd's Regiment, in which he impugned the courage and character of Captain Lowd, and also of the defendant. In July, 1832, after leaving the Shooting Gallery in the Haytnarket, he was walking in the street with a friend, when he felt his arms suddenly held from behind, and directly afterwards he received several severe blows on his face, which drew blood, and severely injured him. On turning round, he found the aggressor to be the defendant, who immediately made his escape. The prosecutor then applied to Bow Street, and had the de fendant bound over to the Sessions, from which place the latter removed the indictment to this Court. • Several affidavits were put in on behalf of bedefendant (including his own). The defendant attributed his ex pulsion from the Club to ex parte anti unfounded state ments, and to the influence of the prosecutor and his connexions. He denied that when he assaulted the pro secutor he had seized hold of his hands from behind (in this he was corroborated by a casual passer-by) ; and said that he had been induced to commit it from feelings of indignation at the insulting language used by the prosecutor in the letter he wrote to the West Indies. Captain Mills, in his affidavit, attributed his quarrel with the defendant, and subsequent challenge, to the prosecutor, but for whose interference the matter in dispute might easily have been made up. Sir JAMES SCARLETT then addressed the Court for the prosecution. He said be did not wish to go into all the circumstances as far back as 1830, although the prosecu tor had thought it necessary generally to advert to them in his affidavit. He thought it would have been better if the two gentlemen would, instead of venting their angry spirit upon each other, reserve it to a period when it might be wanted for a better purpose, via., in the defence of their country. It appeared that the United Service Club, which was composed of men of honour and fine feelings, had expelled the defendant, and Mr. Mills, from some cause or other, was afterwards induced to leave the Club. Then Captain Lewd wrote some very angry correspondence, and Capt. Hodgson thought it necessary to send a candid statement of the whole affair to Captain L.'s regiment, to which that officer was about to return, fo fear of his carrying out any injurious reports. The de fendant for a considerable time had hoarded his animosity, in order to let it looseon the first opportunity, and accord ingly he committed the very violent assault in question. This was not a case in which the Court was called on to punish a party for sending a challenge; the challenge had been given and declined. The learned Counsel wished to make a distinction between the two cases ; he would ad dress their Lordships not only as judges, but as gentlemen, and he must observe, that a party who refused to accept a challenge should be very guarded in his conduct, and not insult or provoke any other person to an insult, for there was nothing more contemptible than for a party, by refusing a challenge, to shield himself from the conse quences of abuse. Mr. RICHARDS followed on the same side. Mr. HUTCHESON, for the defendant, denied the asser tion that the defendant had let his anger rancour in his breast in order to let it out on the first opportunity. It was not until the prosecutor had written what he called the" candid" l e tt er to th e o ffi cers o f C apta i n L ow d' s re giment, and when it was referred to his brother in Lon don, and then to the defendant, that it was that aroused him ; the last occurrence relative to Mr. Mills, out of which the affair originated, was when the defendant posted the prosecutor, and that was in Oct., 1830. If the defendant had been inclined be could at any time have sought out the prosecutor, and yet the Court were required to infer that he let his anger rancour in his breast. He begged the Court to look at the letter, in which the prosecutor wrote to Captain Lowd's brother officets, speaking of Captain Lowd, and of the defendant, as wanting personal courage, and being beneath contempt, and then say whether it was not calculated to wound the feelings of the defendant. SIR JAMES SCARLETT—That letter is not verified. LORD CHIEF JUSTICE-It is in your own affidavit, and it struck me as being highly improper. Mr. HUTCHESON said, that was the " candid " report. The Learned Counsel went through all the circumstances of the case, and contended that the prosecutor, from his very improper conduct, had not put himself in a situ ition to demand a severe judgment on the defendant. Their LORDSHIPS having consulted together-- 1 kMr. Janina JAgICS PARKS delivered judgment. It BAIL COURT. THE KING V. HART AND OTHERS. ,0 This morning John Minter Hart, 3 i m e g Arch° 60) by Richardson, and William Bond, were brought I v o Habeas Corpus, to plead to an indictment charging No with conspiring to defraud Francis Dugdale Astley• of ten bills of 500 d. each. to They pleaded Not Guilty, and were then taken bs prison. COMMON PLEAS.-(THIS DAY.) (Sittings in Banco.) re The COURT, after disposing of motions, of course ceeded with tl.e new trial paper. ra pe Nothing of interest transpired up to the hour 0 going to press. Sittings at Nisi Prius before Mr. Justice PARE II - Middlesex Jury. BELL V. DAGGETT. f sse Mr. HUMPHREYS opened the pl ea dings. I n this - 011 Mary Bell was the plaintiff, and Edward Dauuell j ot defendant, and the declaration stated, that the dela), had spoken and said certain slanderous words 0 1 concerning the plaintiff, by which her character and retoi, tation had been injured. The damages were laid at 1 0 Mr. Sergeant ADAMS stated the case to the jury. client was a widow lady (the mother of a f a mily cn 0 1, children, many of thew grown up), residing in Dee t ' or and now came before a jury of her country in e ° t pe quence of having been made, for some cause or other/ dt , object of the foul aspersions and malignities of th e he fondant. No individual could deprecate snore tbs° (Mr. Sergeant Adams) did, actions of this d e scriptio s .4 general grounds, and particularly wh ere th e o ff/ to party may manifest a willi ngness t o a p o l og i ze for, s 0 r e. retract any slander he may have uttered, but in the pear sent case no such feeling had shown itself, and it v/se g s el that the deliberat e mention o f th e d e f en dant P oe been to destroy by his slanderous aspersions id/ character of the plaintiff. Th e s l a nd e r of to Da . the plaintiff complained was of a most serious b et ture, and had been repeated by the plaintiff on more t one occasion, and in more than one company, an d accusation was no less than that the plaintiff, sine° death of her husband, had been the mother of an ill e g l or mate child, and had murdered that child. This; 10 1 a) had been proclaimed by the defendant in langdeg e to course, and in terms so di.igusting, as almos t os prevent his (Mr. Sergeant Adam s ) giving utte rs 10 to them, his duty alone made it imperative upon hi 13,11 do so. The words were these:—" What has Mrik ef fe done with her hilly—infamous wretch, her lonise is than a b—y house. D—n her, she is worse rb a sti Burker, and I will have her hanged." The defendoo',,er should show, had used those expressions over add op again, and that too without a pretence for doing s°;. ff er indetd, he did not even dare to ju s tify wh a t h e bad ;to undertake to prove that th e ac cus a ti o n wa s founded 0, truth. If true, indeed the plaintiff ought now t° be th e her trial for child murder, instead of corning heforeoro Court and calling upon her slanderer to prove the Aitf, he had uttered. These words manifested a deep mi li g rj oilli a bad heart, were those of a man who required the slf, r ee _ r arm of the law to repress bim in his slanderous to and were such as called upon a Jury of the metropolis visit with exemplary damages. Mr. Robert Reed, examined by Mr. Huatetis'sl. deposed that he w as a schoolmaster, residing id C : "r i l e( street, Deptford, and that the plaintiff, who to nce l o ft husband's deceae bad carried on his business of a tal d I lived in the same neighbourhood. The defendant, whO a dyer, resided next door to the plaintiff, whose hush" e ;,, had been dead about two years, l ea vi ng s i x c hild re n. I ° 4 `, of whom were grown up. In th e mon th o f J une , 1S ° f was present when the defendant sail to the apprentic e the plaintiff, named Burbidge, " What has Mrs. Bell af ae r o with her belly ? Infamous wretch ! her house is O u ts ,. than a b—y !muse. What bas she done with her t o dered child ? She is worse than a burker. I hee e ,d, parish officers to back me ; and I will have her h ang be her ! I will do for her." Witness bad heard ' defendant use these expressions more than once. , iff Cross examined by Mr. S e rg ea nt TADDY— Nobo dy present but witness, and the apprentice, Burbidge. 1 0 ,1 i had been a quarrel between the plai n tiff and defend() about a pig-stye which had been _ At ilt in the garden. Wm. Henry Burbidge examined by Mr. Seeg e 74 ADAMS, deputed that he was apprentice to the husbind, and had since his death been assigned °, o oi widow. Witness was building a pig stye at the WO of his mistress's garden in the month of June last. t ye defendant, who lived next door, came up and said there, (witness) should n o t d o it b e c ause it w a s a ndi°, 110 Witness still proceeded, and at length he repeated 0 0 words as detailed by the first witness. Witness der' plaintiff what had occurred, and she d e si r ed him CO D t ' g r from building the pig sty e . Witn e ss h a d a se c ond ed ° A ls sation when the witness Reid was present, and the words were repvated at the second interview. 0 In his cross-examination by Mr. Sergeant TA P yJ r) witness said that be did not know any other MO' except Li! mistress. ° Mr. E. W. James deposed that he was oil the parochial authorities of Greenwich, and pr e about two years ago the defendant came In the Board, and said that be believed the plo ito ef had been in a state of pregnancy for some tb of that she had recently been absent from home for a ° period, and that since her return the appearanc es t ed, pregnancy had been removed ; and that he, having e , reason to believe the child had been improperly disP Abe of, he wished the Board to institute some inquiry ict ° oo circumstance.. Witness expressed as his opinion the investigation should be by indictment, a nd dist r e Board could not interfere. The plaintiff is nog to ceipt of parochial relief. Mr. Sergeant TADDY, for the defendant, called the Jury to look upon the case with e v e ry dispositi%oir do justice, and would give the question of damages f tVe temperate consideration. He relied upon the fact ° ro e defendant having applied to the parochial Board, as a PO that he believed that which he had stated to be true• r od case, under such circumstances, was one for tel e "; damages, particularly in the absence of any e l 0 0 that she had suffered in her business in conseque ° dd the imputation which had been cast upon her by the fendant, under the belief that these imputations wer e founded. Mr. Justice PARK briefly charged the Jury, svhk/ a short deliberation, returned a verdict for the plain" Damages 80/. ger t i F CAPTAIN Ross.—The following le , copied from one written by this gallant seaman to li fe: friend and brother officer, who had forwarded his 0 1 ,' , ,,r, tulations upon his safe return. Both the parties 1 0 10 messmates) were desperately wounded together in boS a French ship of war s A oil o%' " Nov. 9,2, Duchess•street, Pontius... ,i o o' t , " My Dear —, —Among the many congratu lP o'g r have received since my return none have been ronteoJolo come than yours ; and I should hive thanked yoo o ° if I could, but I have been completely occupied, an j, 0 are now snore than fifty letters before me unanssve r' d re e , o saw —, and desired him to write you that be bs me alive—which was also a reason for my delay' o f flattering compliment you have paid me, and the r 7 0, 0, Lion of me by your late worthy father , are circuriVo of which I feel deeply sensible. I can only say, by noe,; a place for me, you have done what no other ii i r th e thought me worthy of. You will be glad to be e fly the present Government have taken up my ca 0,0 warmly, and have liberally paid my crew. My oe t;vc must come before Parliament. It will be ° (s9 ob before my narrative will be published, having all 01 vations to work, as we had no N. A. for two yrs, rl. ss , " JOHN 1 1 ' 1 , cis SP f' Died on Wednesday last, R. Ringhaoh i res maker. He had been bell ringer for the sexton', °OO/ borough upwards of twenty years ; a muffled pea l ft Misr his fuacral....Stwfsford News. Sl]] J4l the I 4 , 1 N 14 10 hotel