The Sun. — London, England, 1833-11-30 00:00:00

~►' ~'`~ sideretione—nlreei v . how it is that the nature and degree of libel are to be ascertained more precreely than they now are ? It is indeed recommended that " different decrees of guilt" shall be determined by law, and corresponding degrees of punishment annexed to them ; but what are to constitute the differences of degree is left, as the law at this moment makes it, a matter of complete uncertainty. Of the several amounts of punishment affixed as maxima to the first, se cond, and third degrees of libel, it is needless to say much,--they would be proper subjects for a debate in Committee, but there seems consider able prudence in assigning limits to the discre tionary power of judges as to the apportionment of penalty. This praise, however, cannot he extended to the sixth section of the proposed Bill, which, in cases of judgment by default, authorizes the judge, without the intervention of a jury, to decide the degree of guilt which the defendant had incurred and by consequence the amount of penalty. Upon the whole, the scheme goes hut a little way ; so far, however, a.. it does go, it bears the aspect of an improvement on the existing practice.—Times. It will be seen, in a paragraph copied from a provincial paper, that Mr. Fenton, member for Huddersfield, has died under circumstances of a melancholy nature. His death of course cre ates a vacancy, which, in these times of mad Tory faction, ought to be filled b. some intelli gent man, who understands the Constitution, and who has courage and integrity to fight the battle of the reformation of our institutions against those who wish to see them perish by the rot rather than lose a jot of personal influence. A fit man has, we think, been found in Mr. Blackhurne, a well known barrister of the nor thern circuit. His sound legal knowledge will make him see what ought to be cut away, and what left ; his courage and integrity will enable him to execute without flinching the purposes sanctioned by his judgment. We think the people of Huddersfield will do themselves credit by choosing their excellent townsman as their representative.— Times. The working of the law of libel forces itself again on our attention. It has received a fresh illustration by the result of the trial of Mr. Barrett, the editor of the Dublin newspaper called the Pilot, for a letter written under the signature of the Counsel that defended him, and published in this country without being followed by any penal animadversion whatever. If this case does not place in a strong light the anotna lous character of the libel law, and its aptitude as an instrument of state policy, rather than of even-handed and impartial justice, we are much mistaken. .Mr. Barrett is prosecuted as a cri minal, and defended by the avowed author of the crime, if crime it be, for which he is now to abide the sentence of the Court ! If the Government feared to grapple with Mr. O'Con nell, whose signature the letter bore, and whose connection with its publication, no doubt, could be proved, what dignity, what justice, we ask, is there in pursuing the journalist who published in one part of the kingdom what the Govern ment treated as an innocent production in the other ? It is well known that we give no coun tenance to the system of agitation pursued by Mr. O'Connell, mid that we deprecated, as the next step to the dismemberment of the British empire, the repeal of the Legislative Union with Ireland. We go farther, and say that, even if the repeal of the Union were in our opinion a judicious and salutary measure, it is not fitting that an endeavour should be made to carry it by violent clamour and popular intimidation. But we are far from thinking that the prosecution of the Irish press is the most likely way to put down the clamour for the repeal of the Union or to tranquillise Ireland. That desirable con summation, we have always maintained, can only be i ffected by redressing the real grievances of the Irish people, promoting Irish industry by wise regulations, and by opening those source of improvement which the natural capabilities of that country afford; discouraging absenteeism, the curse of a genial climate and a fertile soil ; giving employment to the Irish poor who starve in a land of plenty, who perish for want of bread while the abundant produce of the soil is poured into the English markets, to the detriment of the heavily-taxed English farmer, who cannot compete with his Irish rival in a " free trade" in corn. Such are the toils of Government that a wise Administration would inideitake, and that would amply repay its bene ficent exertions. Then would the sting be extracted from the political letters and speeches of Mr. O'Connell more effectually than by the process of libel prosecution—then would the union of the two countries be consolidated in a way that would defy human power to rive them asunder, for there would be an identity of inte rest, a come unity of feeling, a reciprocal inter. change of benefits—then might the libel law sleep, as an instrument of state policy, until the Whigs thought proper to redeem their pledge of retortning it, so that it might no longer be at variance with reason, and a discredit to the institutit ns of a free country. " But stop," the Whig .Ministers, in their consistent love for free. thnn, may say, " you are bringing the law 0: libel into contempt, and the verdict just ob tained in Dublin against the editor of the Pilot establishes the position that to bring an Act of Parliament into contempt, however bad it may be, and although the Attorney-General may describe that Act as severe and unconstitutional, is libellous, and a crime which the press ought to expiate in a dungeon and in chains." We acknowledge the force of this reasoning, backed as it is by the legal terrors which the Whig declaimers for freedom can wield in support of their new doctrine. Per. haps it may be libellous for us even to suggest that long ago those lovers of liberty, who reason in this manner, did all that lay in their power to make the law of libel, and many other laws and Acts of Parliament, odious in the eyes of he people—aed that if they did not, yet the law of libel was admirably framed to " bring itself into contempt." That it should be a libel to speak ill of an Act of Parliament, which the very Attorney-General who prosecutes ada its to be unconstitutional, is to our humble apprehen sion a new doctrine ; but, as it is a Whig doc trine, we presume that the Whig Journals well highly approve of this extension of the law of libel beyond what the Tories have ventured to carry it. In our time many have been the foolish, absurd, and mischievous Acts of Parliament which have been passed, nor have we hesi.ated to descae them as such. Nay, more, by free animadversion, we have, in some measure, con tributed to remove many bad laws from the Sta tute-book ; and to effect a purpose so beneficial to the public interests it was necessary to brin g those bad laws into odium and contempt. The Altigs have taught us that it is a libel to stigmatise a bad or unconstitutional Act of Parliament with the censure of free opinion. The liberal Press of England, like that of France, must acknowledge its obligations to those whom it raised to power. We recollect when the Whigs fiercely contested Lord Castlereagh's law Of libel —one of the Six Acts—relative to bringing either House of Parliament into con tempt ; but he did not go the length of including, in his definition of libel the bringing into con tempt any Act of the Legislature. Suppose Lord Castlereagh had at that time, in the ple nitude of his power, brought in a Bill, decla ratory of his view of the law of libel, beginning in such terms as the following Whereas certain political writers are in the habit of ex oressing their opinions of severe and unconsti tutional Acts of Parliament in such a manner is has a tendency to bring them into contempt, and it is necessary for preserving the di g nity of Parliament, which passes such laws, and its re putation for wisdom and virtue, that such writers should be punished by fine and imprisonment ;" if, we say, a declaratory Bill of Lord Castle reagh contained such words, the indignation of the Whigs, whose patriotism shines brightest in opposition, would have known no bounds. Vehement would have been the eloquence, hitter the sarcasms, that would have assailed the monstrous doctrine of the Tory Mi nister of the Crown. We have lived to see that doctrine realized by the proceedings of a Whig orosecution, if the trial be correctly reported. The journalists who defend this doctrine to day, to please the present Government, are esta blishing a law against themselves, under the effects of which they may writhe to-morrow The intimidation which was directed not very long ago against the House of Lords we depre cated at the time, because we would not have even bad laws abolished, and good ones carried by other than moral force, the force of argument and reason. Positive law, the express words of an Act of Parliament, protected the House of Lords against such efforts as were then made to bring it into odium and contempt. But that law was not executed, it was not the interest of those who held power that it should. We are glad it was not, because we think that no man, or body of men, who cannot claim the respect of their fellow-citizens on any higher and better ground than the terrors of the law of libel, are destined to a very exalted or spotless fame in impartial history. A wise and virtuous ruler can safely leave his reputation to protect itself.— Morning Herald. It is, perhaps, rather unreasonable to upbraid t! - ;, - .• Government Press with not being in the secrets of its employers, when the latter them selves probably do not know their own minds. Such is, probably, the case with regard to the rumoured retirement of Earl Grey from office, an event which is spoken of with certainty by one part of the Press which has generally been presumed to speak from good Whig authority ; and which is, on the other hand, as flatly con tradicted upon authority which is considered quite as good. This discrepancy, probably, arises from the cause above alluded to, viz., that the parties in question do not know their own minds. Of course, we do not ourselves profess to have access to any authority which can at all compete with that of which the papers in question are the acknowledged organs ; but, upon the principle that " the looker-on sometimes sees more of the game than the player," we should infer, from all we hear and see, that Lord Grey is desirous himself of retiring from office before the effects of age become more apparent and debilitating, but that his colleagues cannot agree among themselves in finding a suecessor, and that the N oble Preatier's retirement, without this preliminary, might seriou-ly hazard an ultimate, if lot an immediate, breaking up of the Mtn; Towards Earl Grey personally ,ere is, we believe, throughout the country, great confidence and attachment. There is, on all hands, but o►►e drawback on his fair fame, that the excessive nepotism which has marked his every step in the di , tribution of his official patronage. Had Earl Grey avoided this tempt ing but fatal error, his pre.ent fame would have been greater, and his name would have gone down to posterity unmixed with any alloy. In reference to Earl Grey's retirement from office, stration. we may remark, that it was said of his friend Lord Erskine, that it would have been well for fame had his public life ended the day on which he became Lord Chancellor ; of Earl Grey, perhaps, it may with equal truth be said, that his reputation as a statesman reached its climax on the day on which the Reform Bill received the royal assent. At all events, the solve seize scentenz of the Roman poet ought never to be absent from the mind of a wise man. That there is a point at which the strongest energies break down, is a fact too trite and obvious to call for any elucidation ; and we trust the time will never come when it may be said of such an ornament and benefactor of his country as Earl Grey— Precet etextremum, ridentem, et ilia ducat." —Morning Herald. We have given, greatly condensed, a report of a trial which has occupied two days at Dub lin, of Mr. Barrett, proprietor of the Dublin Pilot, who repunli,hed a celebrated letter of Mr. O'Connell, which originally appeared in the True Sun. Mr. Barrett has been found guilty, hut the jury recommended him to mercy. Ou , his occasion Mr. O'Connell is said to have surpassed himself, and that is saying a great deal, for of all the men who ever addressed a jury, not excepting Er,kine, he possesses, perhaps in the highest perfection, the sort of eloquence calculated to carry them along with him. A full report of his speech has not yet appeared ; for that of the Morning Register of kVednes day, which extends to four columns and a ball, is incomplete, that journal having been obliged, for want of space, to postpone the remainder to the following day. What we have seen fully bears out the character given of it by the Dublin papers. Full of vehement invective against the Whigs, he never loses sight of his Dublin Protes tant jurors ; he dwells with all the bitterness of an Orangeman on the injustice shown to Col. Blacker, enumerates the advantages which Ireland, and Dublin in particular, would derive from a resi dent gentry; and endeavours to rouse the na tional pride by reminding them that Irishmen ' had been described as an inferior race, as not fiL to govern themselves, as men who ought to bow heir heads before the people of every other nation. He dwelt on the tre,itment Mr. Lefroy, one of the members for Trinity College, had received from a n English House of Commons. " Good God," said Mr. O'Connell," " why should Mr. Lefroy be thus received—they were legislating for the Protestant Church—this gen. tleman was the represents ive of the Protestant Church—his feelings were deeply interested in the question ; his duty was involved in it, and he must have felt it to be an awful duty ; for if there be a man who is sincere in his religion, he is the man who will be believed to be so. And yet be was put down by loud cries of Oh, oh ! when he attempted to spake on this, a most awfully important question to him." At the present moment, when the Government have deeply wounded the pride of the Orangemen, this was craftily urged. '‘ The Lvening Mail," said Mr. O'C., in the same spirit, " asks' what advan tage has Ireland gained from the Union ?' It is a very proper question, and never yet has been answered until this day. This prosecution is the answer. The advantage is, that it prevents Protestants and Catholics from uniting ; that it puts down Mr. Lefroy ; and if there be a mem ber of the city of Dublin of the same name with myself, from speaking his sentiments." All these lures thrown out to the Orangemen have, however, failed. The Orangeman may go far to spite a Whig Ministry ; but it will always be difficult to persuade him that the eagerne ss o f Mr. O'Connell for a union between Catholics and Protestants is not something like the union proposed by the wolves between themselves and the sheep. The Orangemen may hate the Whigs, for having diminished the number of Protestant Bishops ; but they are, at the same time, pretty well aware, that Mr. O'Connell would leave them not one, except they paid them out of their own pockets. Were the Protestant Church n o longer in existence, as an establishment, and Catholics and Protestants on precisely the same footing, there might be a cordial union between Protestants and Catholics, but it is indeed having great faith in the power of eloquence, to suppose that the men who hate the Whi g Ministry because they have struck at their ascendancy, should hold out the right hand of fellowship to the man who proposes a union, only with a view to be able to destroy the ascendancy, root and branch. Mr. O'Connell is clever, very clever—he can assume all cha racters--he can take up and abandon opi nions with a facility peculiar to himself—he is perhaps the most perfect actor of this or any age. But dramatic illusion is seldom so com plete, that a moment's reflection does not dispel it ; and it is with Mr. O'Connell as with all men ho have played many parts—the audience can never, on seeing him play one, altogether forget that they have seen him playing another. His means may be skilfully adapted to the end he has in view for the time ; but those who hear him now, cannot divest themselves of their recollections, and naturally conclude, as it was, so it will be—that when he has other ends he will have recourse to other means. With respect to means, he has indeed little scruple at any time. The liberty he takes with facts, is as great as the liberty he takes with opinions. The illusion produced by eloquence, however great, is still only illusion ; and the earnestness of heartfelt conviction is often more successful in producing conviction, than all the acuteness and craft and eloquence of a practised orator like Mr. O'Con nell. That Mr. O'Connell's letter, which was the subject of prosecution, was an honest and fair appeal to the public, is what few people would think of maintaining. The question as to the Repeal of the Union is one which is open to discussion. Without inquiring how the Union was brought about (we question whether any union between nations was ever yet brought about without force or bribery, and in the case of Scotland some of the Nobles sold themselves for no more than ten or eleven pounds), we may inquire whether, now that it has been brought about, Ireland would be benefitted by a Repeal. The general opinion in England is at present unfavourable to Repeal ; but several distin guished individuals, and among others the late Mr. Ricardo, have been of opinion that separate Leei-latures would be beneficial to both countries. That there is a strong feeling in Ireland in favour of repeal is evident, from its having been put so prominently forward at the last election. The general belief, however, is, that Mr. O'Connell uses repeal as an agitating topic merely, and with a view to other objects than those professed. His past services to the Catholics invest him with a pow er over them which no man ever before possessed ; and ap peals to the passions of the Irish must therefore till any Government with uneasiness. When we say that Mr. O'Connell's address to the people of Ireland is an appeal to their passions, we do not mean to say that such an event as the repeal of the Union can ever be brought about by any other means than agitation. Discussion may prepare the way ; but when masses of men are to be incited to any great effort, their passions must be appealed to. No Government, how ever, will remain passive when means of this stimulant nature are resorted to. The very instinct of self preservation will induce every Government to rid itself of an enemy by which its existence is continually threatened. I t is quite clear that repeal agitation and the autho rity of the law cannot long coexist in Ireland. This is quite a different consideration from that of the goodness or badness of the ends which Mr. O'Connell has in view. They who think that Ireland can be cured of her deep-seated diseases by a British Parliament, that a state of things can be brought about which will be equally satisfactory to Catholics and Protestants, to landholders and peasantry, will naturally con demn the ends which Mr. O'Connell has in view. They again who think that measures are called for which a British Parliament never would sanction, must naturally rejoice in their hearts at whatever destroys the authority of law and prepares means for revolution. We believe that the great majority of the present House o Commons think that the United Parliament would be as effective for every purpose con nected with the improvement of the social condition of Ireland as a separate Parliament would be, and that the endeavours of Ministers to silence Mr. O'Connell (tor the prosecution ►s, of course, levelled at him), will be generally popular in Parliament. With respect to the law of the case, that will be deemed settled by the Jury. What the law ought to be, is a ques tion we are not called on now to discuss. The verdict of the Jury will give satisfaction to one party, and dissatisfaction to a large portion of the community.—Morning Chronicle. The Huddersfield Express communicates the unexpected event of die death of Captain Fen • ton, the liberal representative of the borough of Huddersfield, and states that Mr.Bl ac kb urne , o f the e N or thern e Circuit, c orp oion C omm i ss i on, w ill b e atand th e Chi e f Commis s Pu t in nomination, and will pro b a bl y b e t h e succ essful candidate. Mr. Blackbuine—as an old and consistent Reformer in th e wors t o f t i mes —from his station at the Bar, and his re sponsible and important duty as the head of the E„ g ii,h Corporation Commission, will be a most valuable acct isition to the present Parltatnent. He is, we believe, a native of Huddersfield ; and the independent electors of that borough would do honour to themselves, and much advance the great question of municipal reform, by intrusting their local. and nat i ona l i n- Blackb urne i n hi s • The ability and d te is re c s r t e s tio to n l d ii i s sp r i e a p y r e e d se b n y tat A m i n r: arrangement and conduct of the Corporation Commission justify his selection by the present Government for this responsible office. The Irish Commission is represented in the House of Commons by Mr. Sergeant Perrin ; the Scotch Commission by Mr. Abercrombie, as representative for Edinburgh; and the borough of Huddersfield would return a representative of the country at large by electing Mr. Blackburne, in preference to such persons as Mr. Sadler and young Mr. Wortley. It is rarely that the con stituency of a borough has the opportunity Of conferring on a fellow-townsman an honourable local distinction so intimately connected with the political interests of the nation. We should hope that the reformers of Huddersfield would unite to support Mr. Blackburne, whose local and political claims to their confidence must, at this moment, he superior to those of any other public man.—Morning Chronicle. The libel case of Hunt v. the True Sun, which was to have taken place yesterday, in the Court of Exchequer, did not come on ; but we understand that it will positively take place to day, and that it will illustrate, in a most forcible and singular manner, the present state of the law of libel, and the almost utter impossibility of a journalist guarding himself from actions of the kind alluded to, and at the same time fairly doing his duty to the public. What the verdict may be, it would no doubt be as libellous for us to imagine, as it would probably be to attempt, pendente lite, a definition of the well-known word " Fudge," on which we are informed that the whole merits of the case will rest ; and we shall not, therefore, attempt either the one or the other ; but we trust that we may, with all due safety from the fangs of the law, declare that the pro,fs of its gross injustice and uncer tainty continue to pour in upon us in an abun dance which renders it imperative upon us to call the attention of the public most seriously to the subject, and to entreat it to consider it as a question, not of newspaper justice only, but of national freedom and national good. In addition to the cases which we stated yesterday, as evi dencing at once both the tyranny and the uncer tainty of the law of libel, we have now before us the trial of Mr. Barrett, the proprietor of the Dublin Patriot, for the republication of a letter of Mr. O'Connell which had previously appeared in the True Sun. Mr. Barrett was found guilty, and although the verdict was accompanied by a strong recommendation to mercy, acid the judg ment, which is postponed to next Term, may, in consequence, be lenient; yet the injustice of the prosecution is not the less glaring. The prose cution would have cost Mr. Barrett, even if he had been acquitted, a sum of not less than 2501. or 300/.—in all probability double that amount ; but this is not all the injustice, al though the very fact of the entailment of such expense furnishes an irrefragible proof of the power of the law, as it exists at present, to enable the wealthy to tyrannize over the comparatively poor, upon the exhibition of any charge against the latter, however innocent they may be of it: for as the letter appeared originally in the True Sun, if we understand the matter rightly, that journal ought to have been first summoned to answer for it—and, father, as Mr. O'Connell never denied its authenticity, he ought, as a man and a gentleman, to have come forward, and to have acquitted both, if he could, of the responsibility of its insertion. Mr. O'Connell, has not done so—the True Sun has not been proceeded against—and Mr. Barrett, the least guilty of the three sinners, is, by the glo rious liberty of the law of libel, entitled to the benefit of bearing the punishme n t o f a ll ! Is not this an excellent law, which punishes the least guilty of threel parties, and leaves the other two untoucned ? But this is not the only illus tration of the beauties of the law of libel. We have not before us any report of the trial of the Marquis of Sligo v. Cavendish, which took place the other day ; but, if we are rightly informed, the Marquis has obtained a verdict of 250/. damages against the latter, and that, too, after having, by a previous action, suc ceeded in procuring a long period of incarceration for him ! The defendant, by the action brought against him, that of indictment, is first pre cluded from exhibiting the truth as evidence in his favour I—he is incarcerated because he cannot I—and when he has suffered sufficiently from prison torture, he is condemned to suffer in purse also ! Verily, if this be not Star Cham ber practice, when or where is it, or was it, to be found ? But we have done. If the press be valuable to the people of England, they will protect it ; they will come forward as one man, and denounce the flagitious law by which its energies are crushed and its use fulness abridged—they will commence imme diately, and they will hold public meetings, and add meeting to meeting until justice shall be done, both to it and to them. The period of the meeting of Parliament approaches, and no time ought to be lost in so good a cause, either by the press or by the people—let both be but true to themselves and to one another, and the greatest blot upon the statute book will be wiped nut in less than the first month of the sitting of Parliament. The City of London ought to take the lead in an affair of so much import ance ; but the first gun that is fired, wherever it may be stationed, will, we doubt not, decide the battle.—Morning Advertiser. LIBEL LAW. (From the Times.) Heads of a Bill to ascertain and settle, with greater pre ei.ion, the provisions of the law, and the functions of Judges and Juries, in Cases of Libel, in the United Kingdom. Whereas, by an Act passed in Parliament of Great Britain in the 32 , 1 year of the reign of his late Majesty King George 111., entitled " An Act to remove doub•s respec lug the functions of juries in cases of libel ;"* and by a similar Act, passed in the Parliament of Ireland in the 331 year of the reign of his said late Majesty ;t it was declared and enacted, that on every trial of an indictment or information for the makirig or publishing any libel, where an issue or issues are joined between the King and the defendam or defendants, on the plea of not guilty pleaded, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upo n auch indictment or i n f or mation; and whereas it is re:tPioendiaelnitti t e o rn r c e t t m id e e n r a o n r d e the e ffe principlec !ua' te t s h a e i r d e odf,eacltad to enable juries sworn to try such cases of libel actu ally and truly to inquire into and give their verdicts upon the whole matter put in issue, and to empower and authorise the prosecutor and defendant respec d vely in every such case to disclose the whole mat ter to the Court and jury, and t o ena bl e the Court, or Judge, whose duty it may be to pronounce judgment in any such case, to aportion such judg ment as nearly as may be to the degree of guilt which the jury shall consider to exist in such case on the pact of the defendant. Be it enacted, &c. Ist Section.—The prosecutor arid defendant may disclose the whole matter to the Court and jury, in the same manner as upon the trial of a civil action for libel. 2d Sec;ion.—Different degrees of guilt to he settled by law in cases of libel (a in homicide, * 32 Geo, 111., c. 60 , British, t 53 , Geo, 111., c. 43, hi4b4 larceny, &c.), and different degrees of Finishment affixed; as, for example :-Ist degree of libel.— Punishment not to exceed two months' imprison ment and 201. fine; or three months' imprisonment without fine; or 1001. fine without imprisonment. 2d degree of libel.—Punishment not to exceed six months' imprisonment and 501. fine, or eight months' imprisonment without fine; or 4001. fine withou , imprisonment. 3d degree of libel.—Punishment not to exceed nine months' imprisonment and 1001. fine ; or twelve months' imprisonment without fine; or 1,0001. fine without imprisonment. 3d Section.—The Court or judge, before whom any such trial for libel shall be had, shall inform the jury of the said several degrees of libel, and of the punishment affixed to each degree. 4th Section.—Nothing herein contained shall prevent the Court or judge who may pronounce judgment from awarding a lesser punishment than either of those affixed to each degree of libel, oi from holding the defendant by recognizance to good behaviour, according to the discretion of such court or j udge. Section.—The charge of libel generally to be stated in every indictment or information, with out specifying any particular degree. The defend ant to be at liberty to file a plea of guilty to any particular degree, and should the prosecutor, after such plea filed, proceed for the purpose of obtaining a conviction for a higher degree than that to which the defendant shall have pleaded guilty, in every such case the prosecutor shall pay all costs incurred by the defendant subsequent to the filing of such plea of guilty, unless the jury shall give a verdict of guilty of a higher degree of libel than that of which the defendant by his plea shall have confessed him self guilty. 6,h Section.—ln cases of judgment by default of appearance of defendant, the Court or Judge shall determine the degree of libel, and award the punish ment upon reference to the libel as set out in the indictment or information, without any intervention of a jury. 7th Section.—ln order to prevent the vexatious splitting of prosecutions and the great expenses attending the same, in cases of criminal informa- Lions for libel, it is provided that in case more than one criminal information should be applied fur against the same defendant or defendants, for the same publication, the Court may, according to its discretion, upon motion of defendant, oblige the, several prosecutors to join in their prosecution ; and in case of refusal by any such prosecutors so to join' the Goat shall not grant a criminal information to the prosecutors so refusing to join ; but such denial of an information shall not prevent such prosecu tors from proceeding by indictment, in the same manner as if they had not applied for a criminal in formation. OLD BAILEY, Nov. 29. (Before Mr. Sereeant ARABP.i.) GROSS CASE OF HIGHWAY ROBBERY.—Henry Cannon, aged 23, hawker, John Shurety, aged 21, labourer, and Thomas Willoughby, aged 34, la bourer, were indicted for assaulting Mary Keat on the King's highway, and stealing from her person a pocket, a shawl, and 75., her property and moneys. Mary Keat, an aged woman, who was a widow and got her living by washing, sworn—l reside at Fla-k-walk, Hampstead. I remember Saturday night, the 16th of this month. I was returning home from work, and, as near as I can say, it was about 20 minutes to 12. I met three men; each carried a basket on his head, and I had a lantern and stick in my hand ; one kicked me and I staggered ; I then tried to catch my lantern, and he knocked me back wards in the street. When I recovered myself a little I got up, and I then missed my lantern. I had my pocket on, which contained 75., when they first came up. It was fastened round my waist ; and after the departure of the men I found that it was gone, and missed also my shawl, which I had on when the prisoners came up. Ido not recollect any body having pulled at my shawl, but I missed it when I was sensible. I did not know any of the prisoners then because it was night, but I know them all now; they were brought up in the same parish. I was sent for by the inspector, who told me he had got the men, and then I first ic:iew them. I cannot swear that these were the three men who at tacked me. The evidence not being clearly made out, the ury returned a verdict of Not Guilty against all the risoners. MARKET INTELLIGENCE. LONDON MARKETS. (From the " London New Price Current" of yesterday.) SUGAR —T. , e transactions during the present week are 3.500 hhds. and trs. ; the prices continue steadily ad vancing. The currency is about Is. higher than that on Friday last. The my export demand in the Refined trade is fine Crashed, of which sales are reported to some event at 31s. Gil. ; some common Lumps manufactured rum Foreign Sugar are offering at 295. 6d. ; the whole sale grocers are untying fine goods for home consumption more freely. This afternoon the Refiners continue to demand 32a. for the fine descriptions of crashed, but at present there does not appear to have been many sales made at dirt price. Of the low qu ilities there are scarcely any remaining on hand, the Refiners continuing to take then , off for melting as they come forward, and prices consequently are maintained, and a few orders for low crashed for immediate shipment remain unexecuted. MAURITIUS SUCIAR.-The prices of Mauritius are rather higher, but the sales this week are quite incon siderable ; some good brown to low yellow at public sale 50s. 64. a 535. 61. EAST INDIA SUGAR.-The Siam Sugars continue in good request, yellow 225. a 235. ; white low to good, 23a. a 254. This day by public sale 389 bags Bengal Sugar, of new and superior strong kind, sold well, low to mid. yellow, 235. a 254., and good to fine yellow, 265. a 288. This evening it is reported that 1,400 b-tgs soft low mid. to good greyish Manilla have been sold 225. 6d. a 245. FOREIGN SuGaz..—Business continues suspended in Foreign Sugar, on account of there being no export de mand; the Refiners declining purchasin tg ► till an arrange ment as to the Tares takes place. This day at public sale 15 chests Brazil sold at 254. for grey, and 21s. 6d. fur blown ; 443 chests one cask damaged Havannah were also sold at very good prices, 126 chests low to good mid. white 265. to 285., the rest were yellow, and obtained from 23.. to 245. 6d., and readily sold. By private con tr ct tliis evening some tni I. quality of Havannah yellow sugars are reported at 27a. ; and low mid. and mid. white Bahia at 25.. 64.1. WEST INDIA AloLasszs.—There are considerable sales at 274., 27.. 61.. and 284 , chiefly at 27.. 6d. . . COFFEE.-1n Foreign or Etst India Coffee there is no alteration ; ord. St. Domingo 58s. a 595., good ord. 60s. ; Sumatra, ord, to good ord. 47a. a 50, 6.1. ; good y.llotv Batavia 56.. 61. a 57, Toe British Flint:viola Mtrket is very firm; good ord. Jornaira 854. a 865., fine ord. 88‘. 6d. ; mid to gond mid. Wrbiee 864. 61. a 924. ; trod. Demerara 864 a 88•. Only one publiv sale of CAT e this day consisted of 186 bags five casks darnag,d Havan caioed. It thaatsBs'oopelria;"ll.r7,z4:l r i g i re s a t t a e t r ed pa i r ti t i . Ir:i v in enig s n Os. Coffee have been taken by private contract ; good ord. pale at 58.., fine ord. at 60s. Rum, BRANDY, ♦ND HOLLANDS —The Rum Market is very dull ; proof Leewarda are rather lower, Is. 1 Id., .4,ven to eleven over reported to be offered at 2s. Id. ; J itnaica Rums are equally heavy. In France the prices of new Brandy have bee❑ advanced five franc', but the al teration has little or no effect yet on this market. Geneva is will neglected. TALLOW —The Market cnnt►nuee very steady. Delivery in Jan. and Feb. 45.. 31. a 451. 6d. per cwt. Shipment in July and Aug. 445. Od. a 00.. Od. do. Free on Wird, 1833 OOl. Os. a 001. Os. per ton. lax it Pttovist,ti s. —The weekly statement of the stocks of Butter and Bacon at the wharfs, as well as the deliveries from them, heretofore published, will in future be discon ,inued, such being deemed injurious in many respects to the Interests of the trade generally. The arriva sof Butter and Bacon since Monday have been considerable, say of Foreign Butter about 3,000 casks, of Irish upwards of 25,000 firkins, and of 13acon 6,000 bales. The Market ire must describe as being very heavy, with a tendency to submit to a trifling decline in prices evinced by some holders, on our quotations of Tuesday last for both Butter and Bacon in particular, but for all other articles under this head prices are much the same as quoted on that cisy. SPICES-Tne late sales of Pepper are at id. advance, ord. half heavy 3{d• a Sid ; good half heavy SW. ; heavy 4d. Pimento remains at late quoti taken in at public sale at 43. d. Cassia Lignea former quotations, 118 chests mid, quality 765. and' Stric.—The Silk Market is very heavy; the descriptions have given way Is. per IL, other to Is. The late large imports of Italian are in a few and are held firmly. SALTY ETRE.-Saltpetre is rather higher, the are refractions from 2 to 5 at 335. 6d. a 35.. 6d., 11 at 325. 6d., and 20 at 325. Woot..—Nothing done in the Wool Market, but sales are announced for the middle of next alterrion in prices ; the Market firm. Taw.-The prompt is to day. The Market several pat cels of Corium of the early part of have been sold at a large discount. Boheas have id. per lb. INDIGO.—There is no alteration in the prices or demand for indigo. FRUIT. —6,900 drums new Turkey pulled Figs offered by public site on Tuesday, but chiefly bought 60s. a 62+. ; privately there has been a good t off at about these prices. Yesterday 67 but' 47 earoteels new Cephalonia Currants were brough' ward, and sold at 765. for butts, and 77e. for a cargo of new Zante also has arrived. COTTON.—There was a revival of demand at this week, and the sale of three days were 12,0 0 with an advance of id. per Ih. in the prices, but on needay the M irket became ate.ain heavy, only 1 were sold, end the prices receded a little. The Market continues very dull, but the prices are alteration. The following are the Sales this 200 Surats, 54d a (P . A. ; 10 Boweds, 74d. PRICE OF SUGAR. The Average Price of Brown or Muscovado Sugar, from the Returns made in the week ending the V Nov., 1833, is 295. Ofd. !per Hundred Weight, ex: Duties of Customs paid or payable thereon on the thereof into Great Britain. PItICES OP Hoes.—Nov. 20. New Kant Pockets (per cwt.) —5/ ss. 61. 12s. to 71 . Choice ---_ ..... Ell Os. 0/. Os to 9 1 . 71. Os. 04 Os. to V. 91. Os. 01. N. to 10/ .. 51. Os. 01. Os. to 51 .• . 61. Os 01. O s . t o 61 lls. Of. Os to 12.1 Ditto (seco s nds)— 0 , 01 Os to The Hop I )u'y is estimated at 151,000/. East Kent, Ci.oice New S . •ssex Pockets Superfine nitto Fa'r ham Rape Oil, Linseed brown PRICE OF OIL. 6s. Relined 7." Linseed Oil Cake at the Mill, per thousand Cake, per ton t-tt 1 Cit. 01. POT ATI —Nov. :19. Os. to 3/. 10s. per ton• Os. to 21. ss. ditto. —.44 Os. to 41. 10s ditto. ,31. 10s. to 41. Os. ditto. Os. to 2/. Cs. ditto,, Shaws., Middling Marsh Champions Scotch Reds—....w. Chats WHITECHAPEL HAY ‘IAItKET—Noi.2B. Hay 656 Od. to 854. (Id. I Clover 75, 01. to 244. od. to 28.1.1k1 PRICES 0 Per dutts, English 15 25 Oath, Foreign 14 '4l Dressing 12 15 Ditto —.—. 14 17 Ditto, light 1 top Hides, 1ight...,.,. 12 14 Ditto 4tl to 501 b 13 18 ni•tio LEATHER. Per lb. 441 English Horse Hides.. .i 6 pitto , .l' Per dozen. Calf Skins.. SO to 4111 b. 13 flit to 40 to 601 b. 18 Ditto 70 to 901 b. mall Seals, Greenland 16 L.rge ditto, • 12 RICE OF RAW FAT, perstone 81b. Price of Tallow (as stated by the Tallow Melters) PRICE OF TALLO% fown Tallow .48s. Od. Yellow Itussia...-- 48s. Od. Od. Soap Ditto _ s. RI. Melted Stuff 375. Od. Ditto Itough.---...215. Od. ', SOAP, &c. per 1121 b. 0 Yellow `47 ) ",. Mottled '— Wh it e.,. _ 0 Graves Good Dregs PRICE 01' CANDLES. The price of Store Candles, in the r e t a il s h ops, i s as follool." -- 661 Candles, per doz. 7s. IA to Ss. Od. Moulds, per dozen...-- (ET.—Nov. 29. 11 , s. Par Ton. 11 0 Walls End Russell's...-. 17 Wall, End Woodside...-. A Lambton's Primrose 90 " A Walls End Hetton Walls End Lyons 91 - 0 Walls End l.amhtnn jg A W. E. Russell's Hettoll, f .,0 Wales I..tht Nti.wart , 15 6 Walls End Spring well flixon's Butterknowl..... 1 0 0 Walls End Adelaide it 3 0 Walls End ButterknoW 1 9 Walls End . tiordon..- •"" 15 0 0 Cowpen Ilangetmech g New Flockton, 3 lu n 18 and d 0 Stone 'Coal James 3 ' . 98 4 Aubrey 15 Walls End Henderson.... lLt market day, 26. wt;z l otatioulf, it ,ignea eel ° 4 1 EXC . a nd '76t i , ;the c r i i L COi quaiitt i ROYAL a few " ' live /slot °RUT fro the late ' Di r , Is. 6 d. , il. GE/ . 3 kill be ' ?.t,mo n buttae; t ai e n ock EI): hl in r, red of; ket ie he , s ( of 1 °) % / %air wil hare de' Attends b effiee in i ces or in nods, M i 41 ' While 4 Figs w i , ' for the bought ooci qu it ' e l i r , 67 butts ' 'l. , ANI ht I hav brought ttig for carota %led p ' PRINI at Live," Will not ` b e' but on , tiers ava 1,50 0 w , , and re. The Loa in gene are lei ii , th Wilkins( i s wee" : * ill cons ,viz.—fr tl, li and fi 4 So' ;ar, el u S a ? , y ea , et Piing at .eiusive. o t tioc, the II . e.2tt t ';°:::°111, I mp ure C9 O l ' . 1 ~ II ' 4tt ' 441' W4lee ; O . '%E'd' t i .. bli h .an e Yltt . t: 0. 1tu !...7 15 , 10 . 5 ,6 t u I ° ° ti t at I nt4 i: t e E rh , to VV. 1 , 24 ' ~., to 111. ''' i k*EOR 4, 4) RN, I 0 PSIDE ........1 39 u ' t eed Far 29 0 • .„„,... ig ...... ..... 5 10 ............ ,-'6ter, pE : per ton. "''. 1 , Morr . ditto. ,%'' and St. ditto. tt ,r3'. NI , dittO. 6pfY, E? , dittO. i,;,7 , rwo -,(lirito " T A ov. fit u ct. Alt In' tit. to 9 5 .* ''lth Ater am h st 0 orve ii. tOll .' l l to S deS... 14 0 L 'l6 4 , tOti, I . n 0 ' togn o bulb. , I gob . 20 pi 141wicti Iland 16 4) Id Tunb ..—.—.. 12 ' l t( Kett lii' bib. f ,,,, il. IC i di 'sl. ' "la ', at and I,l lger ttittlkl l 't!ha in YE R I OEY 84111:rf, i n . &,-. site MYTH h• ttted, °TI: t, . n b' T 1 kr)N vkt COAL MAR Per Tor, s. d. 01 lair's 16 6 Be tlllaleint nne...........wwww0 r 1 6 0 ('harlotte Graham's Main 15 0 Hebburn Main Holywell Kenton West ---,..- 17 9 Or l's Itedhligh 15 6 Pontop Windsor 17 0 I a field 18 0 Wylam 17 6 Walls End Bell & Brown 18 0 W lls End t arr and C, 16 6 W.E. Clarke and 16 6 Walls End Heaton-. 18 6 Walls End 17 9 Walls End Hotspur- 17 6 Walls End Newmarch.... 18 0 Ditto Northumberland.. 17 9 Walls End Perkins,....... 18 0 Walls End Riddell's 19 3 Ships arrived since COUNTRY C COUNTRY CORN MARKETS DURING W Wheat. I Barley. Oats. BeyllS'j Per Quarter. ; — Ashburn 152 56 33 35 21 2.5 42 01 Basingstoke 48 57 25 30 17 22 32 44 B..th 48 56 26 32 20 26 4 • 0 49 Bridgewater '53 60 26 28 3 8 _ Bristol 48 5f3 23 32 16 20 '3 4 4S g 8 Chesterfield 44 54 28 36 18 23 41 44 Derby 43 56 32 35 20 25 3 1 ,1 441 Doncaster 48 60 28 37 16 26 , s 4 Y 4O Dorchester 54 27 23 ;23 40 Exeter . 48 56 26 28 16 20 G10uce5ter.....,..,,, 46 54 28 34 16 24 0' 54 Hungerford 41 56 22 29 ' 16 2? 37 40 53 34 24 4 0 Newbury—.... 36 54 24 31 17 30 3 4 4e Romsey 56 62 26 29 26 28 3 8 41 Shaftesbury 54 25 17 4 4 . Shepton Mallet ... 46 52 26 30 22 24 Li. Sherborne—.......... 50 58 24 2.3 20 26 36 5 4 Taunton.....,.— 44 50 24 28 21 - 22 : 5 . 0 Yarmouth..—..—.. 46 53 27 32 2:1 25 3 2 42, Ye0vi1..,.,... 52 56 26 30 18 '22 34, e•''; Per Bushel , s. d s.d. s. d. s. d s. d. s.d. 0" Shrewsbury 70 891 40 50 44 54 t DEVIZES CORN MA RK ET —Nov. 28. Per Sack. s. d. s. d I Per Quarter, s. d. _ DEVIZES CORN MARK. —Nov. 20. i do Per Sack. s. d. s. d Per quarter. s. d. 54 a Best Wheat 2. 0 to 20 0 Barley 25 0 to 0 a Second 24 6 26 6 Oats .. II u Thirds 22 0 23 0 Beans (per sack) 17 0 4 5 0 6311 Sacks of Wheat soldi 25' 5I- lour (per bag).. 40 0 0 at the average of Bread (per gall). 1 2_,..„./ BIRMINGHAM CORN MARKET, Nov.:S. 7s. 4d. to Eis. 01. Wheat, 62 lb. Barley, imperial quarter Do. Grinding, 49 lb. Oats, 391 b 3 - • 3 4 Old Beans, 66 1 4 lb 16 0 17 ,`" New ditto l4 - 6 15 v • New White Boiling Pease, imp. qu a rter2l 6 22 6 Ditto Grey ditto lB 0 19 v MEETINGS OF CREDITORS AT THE COURT, BASINGHALL-STREET• (From the London Gazette.) tt ON MONDAY, DEC. 2. W. Mickel, lodging.house.keeper, Duke street, Welt': lAt I I ,ninster J. Oven, tailor, Dover. s t re t, Pi cca dill y 1 DIVIDENDS. Gr G. Friend, wine m, Lambeth,At ierchant, Great Charlotte street, - - A. Rolls, chair.maker, 'Sandy's-row, Bishopsgate-street Il J. and H. R. Wilson, grocers, St. Osyth, Essex I W. W. Dunn, broker, Sambrook-court ; R. and S. Ashby, mealmen, Upper Thames-street ..........••• ll F. Freethy, carpenter, Acton D. Farrow, gunsmith, Farringdon-street... J. Griffin and Co., jewellers, Strand The trade of Dewsbury continues very fla t,f hut not much more so, than it usually is, at this season ° the year.—Hulifizz Express. BIRTHS. O ar i w t the 28th Esq., of a e2thinst., daughter. Russell square, the lady of Willia ro Nv ic ~ On the ...x.)th inst., Mrs. James Bacon, Great Coral - 11-w ee t 1 of a daughter. On the 26th inst., at North Cerney, Gloucestershire, the I sti of Captain Milligan, of a son. • MARRIED. On the 28th inst., at Ch e lt en h am, Ri caso li Francis Robert Cary, Captain in the Royal Regiment, and eldest son of Col ° " o f Cary, of the Royal Artillery, to Caroline, eldest daught er John .h'hmuty, Esq., Fancy Hall, Cheltenham. On the 29th inst., at St. Pancras New Church, Mr. Fre. of Churchill, of Hereford, to Charlotte Maria, only d a ughte r Mr. Stephen Diake, of Gray's Inn.lane. DIED. tilt s On the 24th inst., in London.street, Fenchurch.stree. , Jane Pringle, aged 77. On the 23d inst., in South-street, in his 69th year, Sir u' Robinson, Bart., of Cranford, Northamptonshire, and Stre t - hall, Leicestershire. 1 .0( On the 28th inst., Harriet, wife of George Hale, Esq., Vineyard, Uxbridge. 44' On the '27th inst., at Clapton, William Macnish Porter, '- formerly of Finsbury-square, aged 73. On the 29th inst., John Wood, Esq., of Harleyford-P Kennington, aged 70. CO r°' On the 29th inst., at her house in Bloomsbury place, og line, relict of the late John Whitmore, Esq., aged 76. On the 29th ult., Eleanor, wife of George Forsyth, f' 4 ' Leadenhall-sti On the 29th inst., Eliza, eldest daughter of M r . Bant••gter' ote the Strand. On the 22d inst., at Poole, Mr. John Slade, son of th e Robert Slade, late Mayor of that town, aged 37. 0 , On the 22d inst., at the Vicarage, Yetminster, Dorset , Cooper, Esq., of Holt, Wilts, aged 56. On the 25th inst., at his house, Hunt's Court, TO' tanr pi 11. Rodber, Esq., surgeon. On the 23d inst., at Glastonbury, Mr. Francis Naish , Twerton, Somerset, aged 73. T ftl° PAINTED AND PU BLIPHLD ay MURDO Y O a tiVX OFPICE, 112, &ram's). s ler oi t "IE Pro d eter It atut ~ I na L E 1 3 fr; fik e Ou Ea 9 rde; Ord 331 'a •T•„, tecloci