The Sun. — London, England, 1833-02-01 00:00:00

SPIRIT of THE PUBLIC JOURNALS. The accounts yesterday received from Ja maica, that the Governor, Lord Mulgrave, had dissolved the House of Assembly of that island, and his Lordship's speech on that occasion, will excite some interest, but very little surprise. Though his Excellency was personally popular on his first appearance in the colony, his under stood instructions were from the beginning viewed by the colonists with suspicion and aver sion. Even his first address to the Colonial Parliament (as they style themselves) was re plied to in a manner which compelled him to assert disagreeable truths—to support contested rights or to repel presumptuous claims,—and the legislative honey-moon was scarcely passed without an open rupture. Since the busine's of the session began, the same refractory spirit has been manifested in every shape and in every shade of faction and annoyance. The House, consisting of some twenty or thirty planters (for they seldom divide more), have on va rious pretexts refused, or on no pretext at all have delayed, to take into consideration any of those measures for the improvement of the condition of their slaves which have been recom mended by the British Parliament and the British Crown. They even seemed to act on the prin ciple which they advanced in their reply to the speech of the Governor, and which his Lordship so promptly and energetically contradicted, that in legislating for the colony they are perfectly independent of the Government of the mother country. They have refused to pay the salary of the Chief Justice who has lately anis ed in the island—a refusal, we believe, hitherto with out precedent, and deemed indecent and impo litic by their own organs, one of whom says, with a constitutional purity worthy of the Colo nial Legislature—" It would have been more prudent on the part of Members to have ren dered the Chief Justice altogether independent of the influence of the Colonial-office, and to have secured to themselves a power over him." Having been accustomed of late to administer oaths to witnesses on examination before them, his Excellency sent them a message, pointing out the inconsistency of the practice with the nature of their functions and the practice of the House of Commons in England, and request ing to learn by what law or immemorial custom they exercised that privilege. The message was received with dissatisfaction, and answered with something like reproaches. In short, this Co lonial Parliament seemed rather to sit for the purpose of defying the executive power of the mother country, than for the loyal and orderly despatch of public business,—rather as an anta gonist club, or a rival lodge to the Council, than a harmonious member of a united Legisla ture. The immediate cause of the rupture be- tween them and the Governor, and of the conse• quent di , solution of the Assembly, was a disa greement between them and the Council on a point apparently of very trifling importance. The Council sent them a bill which originated in their House, or rather at their board, authorizing vestries to take probate of deeds as well as magistrates. The appearance of this bill excited as high a ferment among the representatives of . the Jamaica planters as the money bills, founded on the estimates of the year, would do in the British House of Commons, if carried in the first instance from the Lords to their bar by Masters in Chancery, instead of being presented, in the first instance, to the representatives of the people. The Speaker of the Assembly told the Clerk of the Council, " that with every respect for the Council, he was bound to decline receiving the Bill." " The mes sage," he added, " I am ready to take, but the bill I cannot receive without violating the rights and privileges of this House." On the fol lowing day the Speaker had scarcely taken the chair when " the Provost-Marshal-General appeared at the bar, and commanded the attendarice o the Assembly in the Council Chamber, where his Excellency gave his assent to a money-bill, and dissolved the legislative body. It is plain, both from the protest of the Assembly and from the admissions of the Governor, that this pri vilege of the Council (of originating bills) has seldom been exercised, and has, of late, been entirely discontinued ; no instance is said to have occurred since 1701, during an interval of 130 years, though the abstract right was asserted in 1753. There is even at first some plausibility in the objections of the Assembly, as the Mem bers of the Council are elected by the Crown, and most of them removeable at its pleasure. They are not, therefore, an independent body, like a House of Peers, which can originate every measure but a money-bill. In fact, they are the Council of the Governor, and must generally carry into execution the will of the Government. But, whatever may be said upon that point, it is admitted that their present claim to originate bills has not, fbr more than a century, been advanced, except in one solitary instance. What, then, could be the object of his Lord ship in dissolving the House of Assembly for contesting such an unusual privilege on so trifling an occasion, and upon no point con nected with the public service ? The Jamaica papers give us no hints on this subject, and the Governor has not in his speech explained his motives ; but an attentive consideration of the present state of parties in the island, and of the late conduct of the Legislative Assembly, will lead us to the discovery. In his opening ad dress, his Excellency recommended to the House of Assembly the immediate consideration of measures connected with the improvement of their slave code. They have since done nothing to forward that object, and were likely to do no thing. No single member could probably be found in the whole body hardy or humane enough to originate any attempt at fulfilling the expressed desires of the British Government, and thus even the option or the odium of re jecting plans of amelioration became as impos • Bible as their adoption ; in fact, the colonial spirit has so thoroughly imbued the Assembly, that it was vain to expect any counteracting principle from within, and as the Governor himself could not originate any bills, the Le gislative machine must have stopped its motion by • a kind of contumacious inertness, more difficult to be dealt with or overcome than positive resistance. Hence, most probably, his Lordship's desire to have the privilege of the Council to originate bills established, in order that the House of Assembly might be at any rate compelled to pronounce a judgment upon them, —hence the experiment was tried with a measur e which was liable in itself to no strong objections,—and hence, having failed, he was obliged, in policy and consistency, to dissolve The right claimed b the refractory body .y the Jamaica Council seems, on constitutional grounds, to be well-founded, and liable to no abuse. At home Ministers can propose to either House of Parliament indiscriminately, with the exception of money-bills, measures which have received the sanction of the King's Council. The Jamaica Council is either a branch of the Legislature, as it asserts itself, or it is not, as is asserted by the planters. If it is, why should it not have the power of proposing projects of law, like the House of Peers at home, or like any other upper class of senators ? If it is not, why may it not propose measures in its capacity of counsellors of the Crown or Government? The right i of free de liberation, adoption, or rejection, s not at all interfered with by any consideration of the quarter whence the proposition proceeds. As we have formerly adverted twice or thrice to the other im portant topic in Lord M ulgrave'qspeech,—name ly, the right of the British Parliament to legislate in every instance for the internal regulation of our colonies, with the exception of enacting fiscal laws, " its power being only limited by its discretion,"—we shall not here again enter upon the subject. It would be desirable that the planters should act upon our recoinmendations, and make themselves the laws necessary for at- taining the object which the humanity and justice of England place before them as indispensable, but if they resist earnest persuasion coercive legis lation must be employed. Already they talk of the slaves viewing with rebellious hope the ter mination of this misunderstanding between the Governor and the House of Assembly. What, then, would become of them were the British Government compelled either to use more vio lent measures or simply to leave them to the mercy of those exasperated bondsmen whom they have provoked by their oppression, and whom we are endeavouring at once to improve and to restrain—to protect and to control ? The friends and connexions of the plasters in this country, equally unthinking and inconsiderate as the Assembly of Jamaica, have begun to raise the absurd cry that Ministers intend an imme diate abolition of colonial slavery. Their object is probably nothing more than to alarm the fears of the timid or the moderate, and to hold up the Government as rash speculators in colonial anarchy and massacre. But let them beware ; their instrument is double-edged, and as last Christmas was signalized by a rebellion in Ja maica, mainly occasioned by the absurd or wicked rumours of the colonists themselves, or their agents, so another insurrection may spring from the same cause. There is not a word of truth in the report so audaciously cir culated.— Times. The editor of the New Monthly Magazine combats with great ability the arguments of Ali nisters, for pronouncing sentence of condemna tion on the Whig body, by choosing a Tory for Speaker. The article was written before Mr Hume's motion ; but in a note written subse- quently, Mr. Bulwer observes, that " if the Mi nisters instead of Mr. Hume had brought for ward Mr. Littleton, his election would have been certain." “ All the ostensible grounds (he observes) that have been alleged by the Whigs in favour of this restoration (save only that of economy) are so unfortunate as to tell against their own power and dignity as a body. ' Where so fit a man ?' say they—' Where one of the rank, ex• perience, and station, sufficient to be a worthy riv il to Mr. Manners Sutton ?' What! in the proud and aristocratic party, now in its most palmy state—the party of th- Russells, the Howard,, and the Cavendishe.—no fit man to propose as a Whig Speaker of the House of Commons, in opposition to the choice of a faction nearly extinct ? Can they say that no man of statiou and popularity amongst them has studied sufficiently the forms and regu lations of the Legislative Assembly to become its Presi dent? For we must not suppose this study would require any very great assiduity, or any very inordinate expe rience. Few, if any, of these regulations rest upon mere traditionary custom. Certain and numerous volumes contain an explanation of all the forms, orders, and cere monies of the House, and a man of ordinary application would learn them all in a month. What a confession, then, of the proverbial Whig indolence, to say that among the distinguished Whigs who have sat in Parliament for the last twenty years, no one—even when excited by the ultimate ambition of becoming the first commoner of Great Britain—has acquired a competent knowledge of these ceremonial details ! Oh, what a stigma upon Whig respectability, if those who have acquired with great pains this superficial knowledge, have not the station or distinc tion to aspire worthily to the honour of displaying it ! The question resolves itself into a dilemma—either among the Whigs there is some man fit to be Speaker, or there is not ; if there be not, it speaks a grievous want of re spectability in the party—if there be, their bringing for ward a Tory evinces no less grievous a want of grati ude to their partisans !” Mr. Bulwer endeavours to account for the choice of Mr. Sutton, in the fear of Ministers, that as Mr. Littleton, with a thousand admirable qualities, is not popular among many Members of the House, were Mr. Sutton to have been brought forward by the Tories, he would have obtained a majority of suffrages even among the Whigs themselves. This policy, he thinks, was mistaken. We believe (he observes) that if, for instance, Mr. Littleton and Mr. Manners Sutton bad been both pro posed for the Chair, any capricious prejudice against the eminent claims of the former would have merged at once in strong party feeling. The Press would have fomented that feeling—Members would have felt that their consti tuents would regard their decision as something more than a ceremony ; it would have been an election between a Reformer and an Anti-Reformer; and men just returned from a triumph resulting from a similar cuntest, could neither houourably nor decorously vote diametrically oppo site to the principle upon which they themselves had been elected." We quite coincide with him in opinion. Of all policies, the sneaking policy is the worst. It creates enemies where there were none. When it is known that the best chance of being favoured is to be an enemy, there will be no lack of ene mies.—Morning Chronicle. There is a large portion of the taxation of this country which has inevitably a demoralizing effect, and, if for no other reason, ought to be abolished. We will, at present, only instance the malt tax, which, beside the mischief it has inflicted on the agricultural interests, has been extensively influential in breaking down the morals of the labouring classes. That tax pre vents the cottager from brewing a cheap and wholesome malt beverage for himself and family. It drives him to expend his wages upon cheap gin, which has equally pernicious effects on his health, his habits, and his morals; or it fur nishes him with an excuse for tippling in the beer-shop among the vicious company for which those dens of dissipation seem to have been especially provided. In every way the malt tax does mischief to the comfort, the health, and the morality of the poor. When the Welling ton Administration proposed the Beer Bill as a boon and a relief to the labouring classes, we suggested that the real relief would be a repeal of the malt tax. We showed that a Beer Bill, instead of being a pubilc relief, would become a public nuisance ; where as the repeal of the malt tax would benefit both the farmer and the labourer, by increasing the consumption of the produce of the one, and add ing to the family comforts of the other. Toe Beer Bill has covered the country with hovels in which the labourer is induced to pass his hours away from his family, indulging in the " delights" of bad beer and worse company. Not an assizes or a quarter sessions occurs in England that does not elicit lamentable proofs of the demoralizing effects of that legislative measure, which, instead of being called a measure of relief to the poor, ought to have been in titled " A Bill to more effectually debauch the morals of the labouring classes." We have, from time to time, noticed the language of strong reprobation expressed by Grand Juries of this Bill and its effects. At the last Cheshire quarter sessions the Chairman, in his charge, dwelt upon the increasing evils of the Bill. He observed that it was a Bill which had been passed with a view to the benefiting of the lower classes, but which had been productive of much evil among them. In proof of this he in stanced, as a fact within his knowledge, that many of the farmers' servants who had gone into some of those houses at this season with their year's wages in their pockets, came away plundered of every shilling, which was spent either in drinking or gambling. It was natural that such persons should resort to the commission of crime to supply the means of indulging in the vicious habits to which those beer-shops held out so strong a temptation. He added that various representations on the subject had been made to his Majesty's Secre tary of State, but still " the evil not only re mained unabated, but was absolutely on the increase !" Such is the " relief" that the poor obtained by that splendid specimen of legisla tion which occupied the " deliberative wisdom" of the great Council of the nation nearly a whole Session. A relief that tempts the labour ing man away from his home, to be plundered Into crime, his wages and his health—to be ensnared crime, and qualified for the gaol and the gallows, under the operation of those sanguinary laws by which our Legislators show their " virtuous abhorrence" of offences which their own measures tend to create. It has been too much the habit of successive Administrations to care little for the morals of the people, provided they could get their money ; and hence, like the malt tax much of our taxation is at the expense of public morality.—Morning Herald. COURT OF CHANCERY, JAN. 31. GREENHOUGH V. GASTRELL• This was a❑ appeal from an order of the Vice-Chan cellor, who had refused a motion f.r the inspection of certain books in the posession of the def ndant, excepting the documents mentioned in the schedule to the de fendant's answer. His Lordship affirmed the decision of the Vice-Chancellor. TIIORNLEY V. BURNE. The petition here prayed, in the first place, for the ap pointment of a receiver of the -states of the late Lord Crawford and Lindsay, in the island of Antigua, in the stead of the late receiver ; and in the next, that direc tions might br given to carry into of -ct the manumission of slaves, as intended by his Lordship's will. The case presented great difficulties. It was to be observed, that great neglect had been manifested by Mr. Buckthorne, in not making the estate arid the hire of the negroes as pro. ductive as they might hive been, and that such n s leet had not been brought before this or some other Court. The consequence of this n glect was, that the benevolent inten'ions of the testator had been thwar'ed. The strict law of the island appeared to have been, that a patty ma numitting a slave was called upon to deposit 300/ , or to incur a penalty to that amount ; but there appeared to him some doubt whether that was the law, and, still more, whether it had not fallen into desuetude. The great difficulty b, fore the Court was, that fifty-seven of the slaves entitled to he liberated were without the means of procuring t: eir own subsistence, some of them being in fants, and some past the period of active work. There were, however, 89 slaves who were able-bodied ; and there seemed no reason to doubt, since these slaves, whatever their colour, were not destitute of the principles of hu manity, that they would support the others, many of whom were connected with them by blood and kindred. An experiment somewhat similar bad been tried, and with great success, in this same island of Antigua. His Lord ship had before him two despatches from the Governor of the island to the Secretary of State, from the first of which it appeared that 2QO slaves had been liberated in 1829. None of these slaves were natives of the island, and yet nothing could be more satisfactory than the ac counts of their conduct since they bad been set free. They had employed themselves with the most exemplary indus try, in providing for their livelihood. The other despatch to which he alluded was not of a less satisfactory tenor. It appeared from the inquiries he had made, that of the slaves, the objects of Lord Crawford's bounty, there were 13 who were artificers. They were enabled in that island, by the exercise of their skill and industry, to earn much more than was required for their own subsistence. There was in this country, at this moment, a gentleman who was Comptroller of the Customs in Antigua, and to whom the management of these liberated slaves, mentioned in the Government despatch, had been committed. His Lordship had had an interview with this gentleman, a Mr. White, which bad influenced him in making the order he was about to pronounce. Oa the first part of this peti tion his Lordship ordered that Mr. White should be ap pointed to succeed the late receiver of the estates of Lord Crawford. He would take care of those slaves to be manumitted by the permission of the Government. He would also receive the sums which the late receiver had permitted to remain in arrear, and then it would be seen if there did not exist some means of compel ling the payment of 2,5001., due to the estate. It was his Lordship's opinion that the slaves had a right to be liberated, even though the money was not deposited; and they had a right also to have that money deposited, if it could be recovered. He believed also that there was a fund in this country—he meant the Amico Fund—which might be applied to this purpose, although the scheme as settled by one of the Masters was not yet completed. That fund was to be applied to the support of British colonial slaves, a description which included those slaves of Anti gua. His Lordship adverted to the fund in this way as be ing applicable to liberated slaves only. Now, if the condi tion of the deposit of 3001., required by the law of the island for such slave, was a condition precedent, this fund was not applicable ; but if that was not a condition pre cedent to the liberation of the slaves, then this Alnico 'Fund was applicable. He was inclined also to invest the 7501., or 5151. the acknowledged produce received from the estates in Mr. White's possession, to he applied to the free slaves, according to the will of Lord Crawford, and he trusted no opposition would be made to this arrangement in the island. The executor, if be was in this country, might meet Mr. White, and give up the whole management to him, which would facilitate the execution of the arrange ment now made. COURT OF KING'S BENCH, JAN. 31. TIIE KING V. MERRIDEW. Sir J. Scam Arr showed cause against a rule for a criminal information, obtained by the Solicitor-General against Mr. Merridew, a printer at Warwick, for a libel lous handbill, printed and circulated by him, aff cting the characters of Messrs. Heath and Cillins, the church wardens of Warwick. It appeared that a notice of objec tion to 300 voters was felt iu the charge of Messrs. Heath and Co lin., by Mr. Tibbert, a solicitor; and upon its being subsequently produced before the revising barristers, it was objected to on the ground that some alterations b been made in it since it had been delivered into the hands of the churchwardens. The case was argued for several days he'ore the revising barristers, and it appeared that Mr. Parkes, of Birmingham, who acted as counsel for one of the parties, applied the epithet " perjured rascal" .everal times to Smith, who bad made the last affidavir. Shortly afterwards the handbill complained of appeared, containing an allusion which Messrs. Heath and Collins thought was intended to imply that they had been guilty of perjury. The SOLICITOR-GENERAL supported the rule. Mr. HILL was heard on the same side.—Rule discharged. THE KING V. THOMAS. The SOLICITOR-GENERAL showed cause against a rule for a criminal information obtained on a former day, for disrepectful words spoken by the defendant of Mr. San ders, a Magistrate of the counties of Carmarthen, Pem broke, and Cardigan, at the election at Pembroke. The words were—" You are a trading Justice ; you make 300!. a-year by your warrants : you are a scoundrel, a liar, and a blackguard." The Learned Counsel now sub mitted to the Court, that the words were nut such as to warrant the granting of a criminal information. The LoRD CHIEF JUSTICE gild the words, although certainly very disrespectful, were not, in his opinion, suffi cient to justify the Court in making the rule absolute. Mr. CROWDER supported the rule. The LoRD CHILI JUSTICE 81114 that the Court ViTT4 of opinion that the words were not bufficieut to warrant a criminal information; they were more fit to be made the subject of an indictment. The defendant had not done himself any credit by the affidavit he had made, charging Mr. Sanders with provocation ; hut, nevertheless, the Court thought it right, under all the circumstances, to discharge the rule on payment of costs as between attorney and client. The SOLICITOR-GENERAL must submit that the Court had no jurisdiction to direct the costs to be paid by the defendant. The words in the affidavits were such as would not by the law of England warrant an indictment. The LORD CHIEF JUSTICE said—You allowed the to begin giving my judgment, anti to get to the end of it, without objecting at the time that you had not been fully heard. You waited to see what that judgment was to he ; you took your chance of seeing whether it would be in your favour, and I very much doubt whether there is any justice, to say nothing more, in your being heard now to question that judgment. The decision is very favourable to the defendant, and the rule must either be made abso lute or discharged on payment of costs. THE KING V. TEAZLE. Mr. AUSTEN showed cause against a rule obtained by Mr. Kelly, for a criminal information against the defen dant, for causing a riot, and breaking down the poll booths at the last election for the city of Norwich. The Learned Counsel had a decisive objection to the rule, in asmuch as it was stated to have been applied for on the part of the Sheriffs of Norwich, though it now appeared that the Mayor and Magistrates of Norwich were the parties making the application. Mr. KELLY supported the rule. The LORD CHIEF JUSTICE inquired whether, if this rule were discharged, the defendant would undertake to appear and plead to any indictment preferred againt him by the Mayor and Magistrates ? Mr. AUSTEN replied in the affirmative. The rule was then discharged on that condition. COURT OF COMMON PLEAS, JAN. 31. H.A3ILET AND OTHERS v. RICHARDSON. This was an action to recover back a sum of money paid by the plaintiffs under a mistake as to the effect of the terms of a chatter•party. The Jury returned a ver dict for the plaintiffs, and a new trial was subsequently moved for, on the ground that the verdict was against evidence; and, 2dly, that the action was not maintainable, the money having been paid voluntarily, with a full knowledge of the terms of the charter-party. The question having been fully argued at the bar on e ormer day, The Contr., to-day, expressed their opinion that the else ought to be submitted to a second Jury. Rule absolute for a new trial. TIinNISON GLENNY. This was an action brotwht by the plaintiff, as the pro prietor, publisher, and printer of the Satirist newspaper, to recover a sum of 91. odd fur advertisements. The de fence set up was, that a Mr. Gregory was a proprietor of the paper in question, and, consequently, that the plaintiff was not entitled, in point of law, to recover. Evidence was adduced to show that Mr. Gregory had acted in pay ing persons connected with the Satirist, and done other acts in the character of a proprietor. The Jury, however. stopped Mr. Sergeant B ,rnpas in reply, and found a ver dict for the plaintiff for the sum claimed. COURT OF EXCHEQUER, JAN. 31. BADDELEY V. OLIVER,. Mr. PRIX shoved cause against a rule of Mr. Sergeant TAlfourd, obtained on the part of the defendant, for en tering a suggestion upon the rill in order to deprive the pl int.ff of costs, on the ground that the defendant lived within the ,jurisdiction of the Cann of Request of Hales Owen, Bromley Regis, and other places in the counties of Worcester, Salop, and Stafford, and that the verdict against him was for a smaller sum than what the juris. diction of the Court extended to. The verdict was for a small amount, and execution was granted instanter under the late Act, under which the debt and costs had been re ceived. The present application was, therefore, made t the Court after final judgment, execution had, and the judgment satisfied. The Act for this Court of Requests does not give the defendant costs, hut simply takes away the plaintiff's right of costa, and from this redress the defendant is now barred, by the Act empowering imme diate execution, unless the defendant takes out a sum mons, or makes an immediate application to the Judge who tried the cause. The defendant has not done this. Mr. Sergeant TALronan—The defendant did pay the Sheriffs officer when he came with the execution, but be paid under protest. —Rule absolute. PREROGATIVE COURT, JAN. 31. RIND V. DAVIES. This was an extraordinary case. It was a suit by the administratrix de bonis non (Mrs. Ann Rind) of the estate of Mr. Thomas Jones, of Llantisilio-hall, Llangol len, in the coun'y of Denbigh, North Wales, a gentleman of fortune, a barrister, and formerly High Sheriff el Den bighshire, against Joseph Davies, who alleged himself to be sole executor, legatee, and devisee, of the real and per sonal estate of the deceased, under a will executed on the 12th of September, 1816. The case set up by Mr. Davies, who defended the suit in forma pouperis, was as follows :—He was a native of Cardiganshire, a carpenter by trade, was formerly employed in Deptford dockyard, but is now a labourer in the London Docks. In 1816 he went into Wales for the benefit of his health, and in Sep tember of that year, while on his way from Welshpool to Shrewsbury, on horseback, he overtook an old gentleman, with whom he entered into conversation, and the gentle man, upon learning his name and genealogy, declared he was one of his nearest relations. He accompanied the gentleman to the White Lion, in Shrewsbury, and break fasted with him the next morning, and while walking with him in the town, the gentleman was taken ill in the street, and was conducted to the inn by Davies. In the after noon the gentleman, who proved to be Mr. Jones, the tea , tator, had a will drawn up (Davies being directed to leave the room) by a Mr. Geo. Wilson, wherein he bequeathed to Davies, his whole property, the estate Llantisilio, worth 1,5001. a year, and personal property to the amount of from 16,0001. to 18,0001. This will was attested by three witnesses, Wilson, the drawer, a man named Dur ham, and a porter belonging to the yard of the inn, named Peel. Since that period, it was stated by Davies he had received several letters from Mr. Jones, desiring him to take care of the will, as it was important, all which let ters, however, had unfortunately been rubbed to pieces in his pocket, excepti n g one, dated September 18, 1820, which was not however, in Mr. Jones's handwriting, the letter stating that he was too unwell to write himself. These were the principal facts as detailed in the evidence of Ebenezer Jenkins, the brother-in-law of Davies, who stated that they were so represented to him by the latter. Ot the subscribing witnesses one only survived, Peel, who deposed that he had been called in to attest the will of a gentleman whom he did not know, and who identified the paper propounded as that will. Wilson, the drawer, could not be found or heard of, and Durham, who had been a sergeant in the Coldstream Guards, was dead. A waiter at the inn, who was in the room at the time of the execution, was also examined, and deposed that the per son who executed the will was Mr. Jones, of Llantisilio hall The evidence as to the handwriting was, as usual, confiTting. Dr. CU RTEIS ) for the pauper, contended, on his behalf, that the handwriting of the deceased was established by persons who knew him, and had seen him write, one of whom, Mr. Capper, was a barrister, and had been Attor ney-General at Tobago. Dr. LU SHINGTON (with whom was Dr. HAGGARD), for the ex. cutrix de bonis non, characterised this as an attempt at the grossest imposition, and a conspiracy to set up a suppositious will by subornation of perjury. Sir J. Ntenott thought it his duty, in order to mark the Court's sense of the whole ch aracter and complexion of the ca'e—ooe of the most extraordinary he had . ever re collected, and founded on the gr ossest itnprobabilittea-7 to condemn the pauper in costs, though it was a matter in the discretion of the Court to d irect a com p ulsory, to issue. The pauper gave notic e p ersonally of his intention to appeal. ••••••••-••••• • COURT OF BANKRUPTCY, JAN. 31. MESSRS. STARKEY, THE BREWERS. Messrs. Starkey for many years carried on the business of brewers in Puiteney street, St. James's. They be came bankrupts in 1826. and the debts preyed against them amounted to about 100.0001. Toe partners in the hou-e were Mr. William S arkey, Mr. William White side, and Mr John Cross Starkey. The whole of the debts claimed under the private estate of the former gen tleman have been paid. The private creditors of Mr. Whiteside have received 14a. in the pound, and a meeting was this day summoned before Mr. Commissioner NIEIII• VALE to declare a dividend on the private estate of Mr. John Cross Starkey. After the accounts bad been audited and - submitted to the examination of the Commissioner, a dividend of Sc. in the pound was declared. Dividend, to the amount of So. 6d. in the pound have been paid on the joint estate, and it ie expected that in the course of three weeks a further dividend will be paid. OLD COMMISSIONS. The Commissioners having directed that inquiries should he made into all the old commissions of bankruptcy that appear to be in an unsettled state, solicitors are in at tendance almost every day with proceedings. Many of these inquiries have been attended with great benefit to the creditors, and large sums have frequently been disco vered that but for this inquiry would never have reached the individuals entitled to them. It wag staled in the room that upwards of 1,000 old commissions have been investigated under this inquiry. POLICE INTELLIGENCE. MANSION-HOUSE. Richard Coster was brought before the LORD Mayoa yesterday for re-examination, on the charge of having forged the name of " Mitchell" to a bill of exchange for 151. Crowds of merchants and others attended during the examination, the case having excited the greatest in terest. Mitchell, whom Coster states to be the acceptor, is in Whitecross-street prison, and the Lord Mayor sent the bill to him by Forrester, the officer, who stated that Mitchell denied that the writing was his. Mr. Barrett, the Governor of Whi:ecross-street prison, stated, that he was present when Mitchell disavowed the signature. The following conversation then took place : Coster—My Lord, all I want is fair play, which you don't seem disposed to give me. The writing is Mitchell's. The LORD MAYOR-The man denies it, and if he per sists in denying it in my presence, I shall send the case before another tribunal. Coster—Will you be good enough to let me know what sort of evidence will satisfy you ? He may deny his sig nature, in order to get rid of the liability ; but I can pro duce several persons to swear that it is his writing. Will you be content if I bring forward his own clerk, his fac totum, to swear that it is his handwriting ? The LORD MAYOR—You know well enough, Mr. Coster, what evidence will he necessary. You are too clever a fellow not to know what to do. _ Coster—Will you hear me, my Lord? I can produce the person who used to do his business, who used to take his bills on 'Change to sell them.—(Laughter•.) Surely he ought to know whether the writing is or is nut his. The Lon') MAYoR—I know that you are a very clever fellow, and the public know it too. Coster—Oh ! never mind the public ; they are able to take care of themselves.—(Laughter.) Why don't you bring up Mitchell? I shall stand the expense of a habeas corpus myself to produce him here, and show that the transaction is a genuine one. But you won't give me fair play. The LORD MAYOR—You shall have all the latitude you require, but I won't easily part with you. If you can procure a habeas you may ; and if you cannot, I shall go to Whitecross• street prison, and take the examination there. Coster—l shall be punctual to the appointment. The LORD MAYOR-Ah, Mr. Coster, you have baffled many a man. Coster—And depend upon it, my Lord, I'll baffle you that will be no difficult matter.—(Laughter.) Custer was then reman,led. A man named Sir John Ladd, the foreman of Mr. Ganthony, the chronornet-r-maker, in Chctpside, was brought up, charged with having robbed his master of a great deal of valuable propert . Mr. Ganthony said that the prisoner had lived with him sever 'I years ago, and left him to go into business for himself, bur, having provt d unsuccessful, was taken hack into the service ag.tin. The sy-tem of robbery which the prisoner had adopted was extensive and ingeni-us, and it was by mere accident he was detected. W a tches which cool I not he replaced for 40 or 50 guincas each had dis appeared, and at het it was ascertained that the prisoner had oawned them at the shops of a great number of pawn broke's, who attended at the justice-room, and at once knew him to he their customer. One pawnbroker stated that the prisoner was intro duced to him by his predecessor as a Mr. Thompson, a respectable watchmaker, who had dealt there for a con siderable time. _ . _ The Loan Marcia—l perceive that a great many ar ticles have been pledged by him. How did you happen to lend so much ? Pawnbroker—Because I believed him to be a respectable master, and I know that many masters are obliged to pawn to pay their men, and defray their expenses, the distress is so urgent. The prisoner, who wept bitterly, was then rentan.led. Mr. Gantbony said it often occurred that he asked for a watch which the prisoner had p iwned, and soon received it, for the prisoner had only to take one equally •aluable to the pawnbroker's. Ford, a Methodistical fellow, who was a few days ago charged with having robbed a servant girl of a shawl and other articles of dress, was again brought up. He stated that he would conduct hina.elf, if the Lord Mayor would allow him to depart, and would endeavour to sell hi. tracts and other good works. The Loan MAYORI shall send you for two months to Bridewell, you hypocrite. Ford endeavoared to screw a tear out of his face, and distorted it so much in the attempt that every body who saw him laughed heartily. "Oh ! don't you do it ; don't you be so cruel," said he. The Loan MAYOR—Bridewell for two months, bard work, and bread and water, shall be your portiun ! (Laughter.) Ford—Oh, dear ! oh, dear ! don't you do so, pray.— (Loud laughter.) G UILDHALL. Yesterday William Rose, of Charles-street, Westmin ster-road, dealer in dogs' meat, and Elizabeth, his wife, were brought up in custody of Thomas Herdsfield, the Guildhall officer, on suspicion of having conspired with Murray and Perkins (who have already been examined) unjustly to convict William Low, an old bird-catcher, of having counterfeit coin in his possession, with the view of obtaining by such conspiracy a portion of the 8,000/. per annum voted by Parliament (2 and 3 William IV., cap. 126) for " e xtraordinary expenses" incurred in prosecu• tions relating to the coin, in addition to 15,000/. to defray law charges." Mt. Alderman Wool) remanded the prisoners for further examination. HATTON-GARDEN. Yesterday John Roberts, a cheesemonger's servant, evi dently raw from the country, charged Eliza Collier, a young woman, with having extracted 3s. 6d. from his pocket under the following singular circumstances : On Wednesday evening last he met the prisoner, and entered into conversation with her, when she said, "There is a very extraordinary appearance about the moon to night; look at it." " While she pointed at the moon I looked up, your Worship," said the prosecutor, " but I could see nothing particular. She then said, ' Rut look again,' and I looked several times, and on leaving her 1 missed the 3s. 6d. from my pocket." Mr. ROGERS—Did you feel her hand in your pocket? Prosecutor—No, Sir. Mr. ROGERS—Did the policeman find any money upon her person ? Policeman—None, your Worship. Mr. ROGiERS. Perhaps the man in the moon robbed you, and unless you have better evidence to develop the prisoner's astronomical method of rubbery, I cannot de tain her. She was then discharged. The prisoner is the wife of a respectable individual, who separated from her on account of her excessive drinking. examination.Shestood laughing immoderately at the bar during the QUEEN• SQUARE. Yesterday a tall, athletie•looking young man, named Samuel Dodson, of a very ferocious appearance, was brought up in custody by two officers of the horse patrol, the org and placed at the bar before Mr. GREGORIE, charged w ith assaulting a poor old woman, named Mary St acey , and after robbing her of all she had, beating her in a m os t appeared o that l poor es and woman ,ot her who is fruit betwe en about u t 5 the o cruel manner, so as to endanger her lif e . Itti m e ssel an and 60 years of age, is a c h arwoman a t Th ames Ditt on , and mea streets. On Tuesday even i ng , b etween 9 an d 10 o'clock, as she was returning home over Weston green, near Thames Ditton, she was met by the prisoner, who knocked her down, sad took from her a basket, and Is. 10d. in money, and then stripped a shawl off her shoulders. She was dreadfully frightened, and called out " Murder" several times, when he kicked and beat her about diffe rent parts of the body in the most savage and cowardly manner. Her cries, however, brought assistance, and on the prisoner heating footsteps approaching he ran away, leaving the un fortunate woman almost in a state of insensibility. She was immediately conveyed to a place of safety, and m.dical attendance was pro. cured ; and it was supposed that one of her thighs was broken. The injuri a appeared to be of suet, a serious nature that it was deeini_d advisable to have her conveyed to the Westminster Hospital, where every at tention was paid to her. On examination by the surgeon, it was ascertained that, although one thigh and hip were dreadfully injured, the limb was not broken, and great doubts are entertained of her recovery. Previous to her removal to the hospital she stated that the prisoner, whom she bad known for many years, was the person who had To , ~A tiv 'ET.Nt) IN_ TRE illse rubbed and ill-used her ; and a full description of his Pe r ' lq leßc i 0° Jny e 'Par son was given to the officers, who apprehended him, . , :ii , tner,h n Wednesday evening, at a public-house at Kingston-1; r;e3t thi;PENcER Thames, and brought bim to the police-station ?t , r er f 4 0 , 1" to th e n dener's-lane, Westminster. "try "' rayon t Mr. GREGORIE directed the officers to take the priso.n: 11,t-4111e Z 4 to the Westminster Hospital, and let Mary Stacey see hi . g the Ohl `,ICTUREi The prisoner was accordingly removed, and on bel e and 44 reerni ses 1 taken into the ward where the poor woman lay in bed ' 1 4ri t4 411 re them immediately recognised him as being the man fort, -----...,,&......__16nnu...__1ce Mr. GREGORIE ordered him to be remanded for a II To (~ night. tiE , oLier John Bentz, of No. 8, Little Park-street, lt h°/ : P ; I , ' n - lima mews, Mat ylebone, was charged with indecently exP',°, ,enit N i L st r c h, t, his person to several females in Tothill-street, Westminsto nitsin, s2 "" tad c z on the previous evenol4 and i the in 4011,,„ , 3 de Mr. GRECORIE committed him for one Month to ellt y / nit. th e 1 House of Correction.c antile ' any transact: 0 04 c ,) Pr 4,l„ Ttie prisoner, we understand, Las a wife an d unR. children. Ilifi e tilt nilnic, t . r % I . ': "ms ti : 4 4111„ ,le,Pors, UNION-HALL. Yesterday a herbalist, named Thomas Oak" h ip) brought up to have an order of affiliation made UP" "" 1 A goud looking young woman said he was the father:d her illegitimate child; but her former landlord, 0%, May, came forward and deposed that a young 1° c° • stantly visited her till she exhibited signs of ceinte, and then she got acquainted with the defau d !:; The woman, on hearing this, stamped on the ficf l oc paroxysm of rage, and exclaimed to Mallet, " I°9 the father—you you are." The Magistrate di g smissed the warrant, and the vi ° • met her punishment, in being committed for tria/ 0 03 ° charge of stealing some wearing apparel from a / 1° wita whom she had lived, and who came forward to Pr ° secute, be ing gst Iro n "r"(l4 r ,, tv gate Co t ' l l)(incb i "(14ir e l . e seeuri AND RE HI, E " th 1 lac, a approbation „Zof th,. fri g ' of the sßicl A N ohY aziingt A AT] 'lt, and 95 Am es It 4d, 4t e litu 4'2nireuNtia at W f 10„ n of a T " Per annu th e tr 9 th °jU Dean " NI 144 ther, 192 n e atof 15 ~a chit rt.e.every, , 1 0 a4 uitr ary, h t 157144 31:arter'i dby 'n Het lease, if haThe Q t he tirn: ab o ve a d so Pri tited Pyrticu D, pla at Maste pp"tAt•. ' un 'lY. Mr. ~li and r Nnt Mr. w r. 4 Ple 411 n Whitby. nd 44, Af N , ei R rs. T Ra a irg e v "I °lit oi f 4 ~ , „. ule h t P H o kt , idetl, al 44 . 'III!! of ] By FRA: ,1 41 'l s 4 .:4.lligs llpanl(ce%,•ii‘t secretary pric NEw b s ,trit t , ,, entitled t:ltt 14 of 0 , by F. f En T gli,l: 4iit tkrt if, b y " itt4t4el, 50, Is DUBLIN. COURT OF KING'S BENCH, JAY. 28 0 . • THE KING V. THOMAS BROWNE AND JOHN Sl° g " 0 .. ESQRS, PROPRIETORS or THE COMET NEWSEA ri o At the sitting of the Court, the ATTORNEy. G O4l lO , rose, and said—l have now, in the case of the King a g s 'ol Browne and Sheehan, to pray your Lordsh i p s ju dgmen bt t il Mr. Br t. owne and Mr. Sheehan were then called °E' reeogniz inees. tl o Judge J EBB said to Mr. Holmes—We understo.- ri you did not mean to say anything on behalf of th e IL boners. Alr. HOLMES—No affidavit has been made. Mr. BOURNE, Clerk of the Crown—The priOn ers not here. _ Mr. Browne, Mr. Sheehan, and their bail wer e $b cal led. Lord' Mr. HICKSON—They are about the Court, DIY: - 1 01 There was an affidavit put into my hands within w e five minutes. tb :41; „,, E Toe ATTORNEY-GENERAL—This is quite tras...--o the / the Court. The day was fixed by themselves, and should be here at the sitting of the Court. vg Mr. WATTS, Attorney for Messrs. Browne and , 0 1 han—They told me they would be here at the sittgib the Court. I will have them here in a few nainutei• .„01 The Couria then proceeded with some routine bus. for about half an hour, when °lll The ATTORNEY-GENERAL again rose and said--'1 now, my Lords, entitled to have the reco gnizanc e ! A , feited. The parties do not appear, and I now th :0 0 right to say, that a fact has transpired with which t o ol not before acquainted. I did not intend making 816 a nd in aggravation, which I shall feel it my duty to d°' sue shall bring it forward in the shape of an a ffidavi t, op avail myself of it. when these persons are made ame n ' Browne and Sh-etian were again called. . 10 1 Judge JEBB—As the recognizances are forfeited' wi , l be estreated. In some time after this opinion was pronounced 114 Court, Messrs. Sheehan and Browne were seen el3t:e., it. The Court was at the time occupied in lae` tr4. m otion. t ory Mr. Ilunsot: stated that the defendants were in 3, glance immediately after their recognizances bald estreated, and that since then an attachment 14 7 issued against them. Both defendants were now in Mr. MARTLEY, in about two hours subsequently , on the part of the Attorney-General, that he did With' ,hat the defendants should receive sentence , W" the 01:01: .41,141;1( t SEROO SENTENCE. Judge JEBB then proceeded to pronounce o a f .d th j e a C n ou s r h t e i e Lt ri h , e_f y oltw h in a g ve te b r ee m n s —Thomas fDID indictment which charges you with having publi' re fit T ext. i r libel, reflecting on the clergy of the Established C t ' u o and the object of which is stated in the indicttne o4 ,,,lo 4 , (..„ Of SW. bring the clergy of the Established Church int.- , o ' — ge r. 3 and contempt, and to involve them in personal d' plan This libel has been so fully before the Court, and it 1 d 14, b ' 1 110's s i so close a resemblance to other libels upon the cl e . ., rg i si' gr \ k„is t ;"‘ () DOTlT; the Established Church, upon which the Court b"' o se' 1 1;°f th e r madverted upon former occasions, that I think it i° XN t uts ", 11. n. cessary to consume the public time by observatiorOb Iti?i4st ietr. conceive I t s s sufficient b i e e n l t thatto say, mo re th j a u t st i l t y is d e i s t e n r p v o e s s s impossible to r e be iti oi 11, that has been given to it by the indictment, of " AlAT'don. I tY o tPt n -() CLE c u a ti l s c h u e la d ted o a ni n r d ch des i i i g it n o ed ha to tre b d ri a n n g d t c b o e n c te le m rg p y t, o a f o tr .airt, o r l o g i li s'NEUS, them in personal danger ;" and we have, n r thi J. BR . /la t e ly, in our own experience, sufficient proof Pq t kt,: 4 s . en this vile and abominable object has been perf ec .. pefr N' 4 , °l l - 10N publications of this kind, and, very probably, by th'" o ,,, n u A., Oxol lication, upon which it is the duty of the Court t d 1 ,, t` 10 1)1101' pronounce judgment. It is probable tbat it effee l " td th i • j ) ,, 11,„ object which it had in view; because we know t b : r iov j j lives of the clergy of the Established Church, have, in, et 111. , parts of the kingdom, b een ass i il e d, an d their n'istiP Al l ituettostben. ltn,miiwa,nhiyavtee bein various te ins t tnc b e e s, been V „eHYLU i 5 libels, that such fatal consequences have ensue not consume the public time by further observ' this, but proceed to pronounce the judgment of which is—" That you Thomas Browne, and ban, be each fined to pay 1001. to the King ; imprisoned in his Majesty's gaol of Newgate, of Dublin, for the space of one year ; and that ther imprisoned till you pay the fine imposed , you g,ve security to keep the peace for the ter years, yourselves in 5001, and two sureties in Mr. HUDSON read an affidavit on the part of han, to the effect that he had been for some t delicate state of health, that the gaol of Ne very confined prison, and now much crowd, imprisonment there must impair his health, ger his life. Judge JEBB said, the Court bad considered would select the gaol of Wicklow, which was place. • Mr. Sheehan stated, that removal so far ft ness, would be absolute ruination to it, an he presumed, was not wished for by the Coui mainham, he would have the advantage of and being able to attend to his business. Judge JEBB—Better let it be Kilmainham. to know if Mr. Browne desired to go there al, Mr. Browne—No, my Lord, I prefer Ne , In a short time after, Mr. Browne and . were removed from Court—one in the custod , and the other of the county Sheriff. jest that defenu an affidavit being made. BIRTHS. On the 30th ult. the lady of Captain Rivett Carne , a daughter. On the 29th ult. at Boultharn Hall, near Lincc» Richard Ellison, Esq., of a daughter. On the 24th ult at Skelbrooke Park, the Lad) of a daughter. On the '29th ult. at Eaton-square, 'the lady of choyle, Esq., of a son. On the 23d tilt. on hoard the ship Catherine, from Calcutta, in lat. 48. 23. N., long. 11. 20. W Arthur Donnelly, Esq., of a daughter. MAR4IED. On the 29th ult. at St. ritrieras Church, Hughes, Esq., of the Hon. East India Compai vice, to Ann, daughter of Win. F. Green, F' street, Brunswick-square. On the 24th ult. at Leven, near Beverley, Ji Esq., of Rio de Janeiro, to Anna Maria, eldest Rev. George Sampson, Rector of Leven. On the 31st ult. at Clapham Church, John only son of John Rogers, Esq., of Streatham Harriet, second daughter of John Thornton, race, Clapham. On the 31st ult. at Christ Church, Surrey, - Watkins, of the Indian Navy, to Eliza, eldest (laugh' Watson, Esq., of the island of Guernsey. DIED. On the 27th ult. aged 48, Charles Kent, Esq., Norfolk, and of Craig's-court, Charing-cross, Low On the 3uth ult. in Nottingham-street, Ni Mrs. Dehany, in the 71st year of her age. On the 25th of September, at sea, of pulmonary on his passage to Demerara, for the recovery of his Liam Arthur Hopkinson, in his 16th year. On the 3ist ult. Mr. itohert Blake, in hii Farringdoo-street, and l'entonville. On the 31st ult. George, the infant son of Paragon, New Kent-road. On the 19th ult. at Kidwelly, Louisa, tilt Thomas Parker, Esq. On the 30th ult at Herne-bay, in Kent, M widow of the late Mr. Arthur Glennie, of Lot On the 10th of November, of yellow fever, jesty's ship Minx, off the Isle of Pines, Mr. Coxe, R.N. On the 26th ult. at Woolwich, after a Ion) Adolphus Frederick Glubb, late of the Roya' PAINTED AND PUBLISHED BY MURDO YO SW! OMCB, 112, STRAND, LONDO4 arncit t eoi l l)tw O wei:i n i,ad.atestee n ddr l y:ns,soool2osoteirc: i , :::. , :bitit ll livi; , / • ' ensued. '' fd hiti‘•,l4,.VA., observe Copp t t i 1 , 10:1t. A()...._/: ent of the ecle 11.1bC1r,„ Gs. and Job', '0 tit s is f 'Q,R,D,,__ ug ; that I°°,o Ilti'llthN'i'ttl the T e vgatc, in tbefot AVril,,i(:l4l the 1 o)armteorfocAnlict.'"":itio: :litl4l4::ltise‘;ll°TaUndS.l of Neu/ga te A v V ‘jA t.F: . Gd • Llth, if not en 1(1 qb With i lit Lt;,' % , 01 C3 ) , TI US sidered th i l tt It . ' ti 4 -.' 411 tt Nail .I(ilated in Court. far from I li° '' 4 l't Off' • t vib r ir P 44 0 e of co • ' N I t 4 t. nd Pu b ! an objeo ~ i t Y tttlr, ' rh et FA; ham. He ci 4 ` ,, s , Po ( ere ah.o? fil e , Ilse `-, Nevigate. di ti l .I),;ith rn of ti and Mr. S i) d f I„'N %,.o,toruerb sl ustody of tbe ^ , t top itili inor,leels -------1 -..cihe). l :y lave be t 11,glit 've 1,,,, be • 11 ett Carnae, 11"' I 411Y.11,41, Aliteti y ilf Ipt:'.4y Or W h Lincoln, th e I talk e tq ' t he L 4 •0 C 7 lic:r 'ttioll r"'l Lady Lon' ii fir. k i :nr,,, ' an t e i rtW idy of Rol' eli t ,?, IN, i ll % )' l'uli - 4 1 Tine, captfil I° ill; Nt r ti tn ' t " n. 20. W., 01 , S B ottle, I. 't..,‘? kui, l l, 'e, d / 't INAlly' "ne Ales? the bi ' Al . ) , George, .01) qts, pany•s Mither le ~.. . le Esq., of I I j IL ' the Si tsorsl 411 ( 'te b. 111, q, John : e r r r ah kt, f , dl , .L: dest datigt i ' i plot Aff ' , to sit ' i 'ae n Rogers,i,°:„l4 iii4tlit , i n tt ,?•aft in Finis, ~eir.; rt ,', ar ,ug, „, kl a ,_ ol ,ji v, i i tt, •-• , i t i.,.. ' ' .., ,F, 1,14 Itt.C'only ',. rey, Capt3Poi Y 414,41,1tt., if et, :t. datiOt::2 ~t, t il,, Y, p:" 11 i i f Stir , 0 it.i, at,. ~, Plea. hall,•4Yß t tir 4l al Esq. , 0 4 t.,' t9 l, F'ttit • s, London. 0. feet ill , ti..,, I; Nettingo 4 ~ elf t. A i Con ~,,,A , * ell "Y • "elle] nonary co , itii, ,elpt , 4 _ln tr .. yof his TWA 0 ti,a,.. k 1.4 and r No 1 ,1 , A 1,.., L ro, ti 'qui, is 94th Year, 0 1' te C t ql' i ti,e l : 4it Mr. Charte9 i,,, ic .1 , 4 1 \ 1 1 , :, . an , e: to widolf °lt i f lial l'e 1 airtl,tie 4 olr i pto 1,1d.....,P firs. ArtbOr ii it., rtph ~,, ~ .ondon. a ll' ~°WiT, ~rel Call , on Islf , ';',pect'llicitv.Y a. L'Le0z........01' jtc,. 41,1 e c: Il -st long. inneo: / ~ rt.:t's thYrrn„ ral Art!K. 1 4 'rew -1 kri,i, ( . 1. ' 41 04 -'f ail ( ~, 4. - : ,,, ---....,10. 0 i. , i tt: .f t(i. porillllo:ll!it'sii:fit',,fritqhft,,,t.:4lll t 'tiwis:tkitee't ,i,ae:irx, 1,14,o( ,r..ktNne,tiallandA.:,.l 3stALtce,ii,: