The Sun. — London, England, 1821-11-09 00:00:00

I THE I.O.NDON JOU ;,41`'iA; S. November 9. --e.- DAILY EXTRACTS FRC3I TIIC MORNING PAPERS, [MORNING HERALD.] His Majesty has just arrived in the capital of his British dominions ) after an absence of some what more than six weeks. It may fairly be presumed that during his short sojourn on the Continent, lie has not been an inattentive observer of the systems and institutions that exist there; and contrasting them with those that have long been established in his native country, he may well feel proud to give a preference to the latter, and rejoice in his title to the most -ex alted sovereignty in the universe—a sovereignty founded, not in the moral abasement of the peo ple, but on their independence and happiness.— si4 Majesty, while passing though the Prussian provinces on the Rhine, and traversing The savage ilds of Westphalia, could not fail to have marked the . wide ditferente which abject. lavery and ra tional freedom can cause in persons,. inheriting from 'nature the same common feelings, the same common desires, with the inhabitants of More favoured regions. [MORNING POST.] Letters and papers were received in the City . , yesterday, from the Mediterranean, to a late date. 'P!'►ey inform us, that in consequence of the preva lence of the Yellow Fever in many parts of Spain, the Lieut.-Governor of Gibraltar had issued a Pro clamation, prohibiting all communication with that kingdom, except through the process of a regular quarantine. The letters from Cadiz are to the 17th nit. They state that the ravages of the fever were once more decreasing at Xeres, and Puerto St. Ma ria, and that in a short time it was expected those towns would be declared free from contagion. At Cadiz itself the public health remained good ; but at Barcelona and _Barcelonetta, the progress of destruction was unchecked. It was computed that since the breaking out of the disorder, not less than eleven thousand persons had fallen vic tims to its violence in those places ; and fears were entertained that if the approach of winter did not avert the scourge, their whole popula tion would perish. In Malaga the cases were as yet but few : in the harbour, however, they were more frequent, although the local authorities took care to order away every vessel in which infection had made its appearance. The report of the yellow fever having reached Seville seems fortunately to have been unfounded. [BRITISH PRESS.] The state of freland at the present moment cannot fail to excite in this country a large por tion of public interest, for it offers many circum stances to oui notice which are calculated not only to call for our deepest sympathy, but to awaken some serious apprehensions. Accus tomed as we have uniformly been in this country to a, state of comparative security, dreading neither a musket-shot from behind a hedge as we walk the high roads in the day-time, nor a visit in the night from a desperate gang of armed ruf fians, we feel a kind of instinctive horror when we read in the accounts from the south of Ire land that such outrages are there of constant "occurrence, and we wonder at the inefficiency vf the ordinary Authorities, which cannot prevent or punish such atrocious offences.— To those, however, who have remarked the im inense military force which has been poured into the scenes of disturbances, the Government of Ireland must appear to be possessed of great ac tivity and energy, and many will think that in 'employing an abundance of swords, muskets, and cannons, the Government has done every thing that can be effected by wisdom and power. —ln noticing this circumstance some short time since, we took the liberty of expressing our ap prehensions that swords, muskets, and cannons, though useful on proper occasions, as auxiliaries to the civil power, would not by themselves be productive of much good in restoring the system of society in the disturbed districts to its proper tone; and we lament to find that the experience of their efficacy hitherto has not tended to re move our fears. The accounts from the south of Ireland still exhibit offences differing only in the increased fearlessness of the perpetrators from those which had caused the employment of so large a force, and we find obnoxious individuals amcked, and houses robbed of fire-arms—one being plundered even in the noon-day, almost within musket-shot of military parties. [MORNING CHRONICLE.] The Ultra Journal, in remarking on the Speech of the French King, says, " the diminotion of the oppressive Tax on Land Xcontribution fon ciere ) does, we admit, present some prospect of relief. This, however, must be quite illusory, so long as the monstrous system of perpetual subdi vision of landed property exists in France. That law, the result of the grossest stupidity in poli tics, must ruin any nation ; and if we felt a sen timent of hostility towards France, ewe should prefer such a law, as a mode of ruining the coun try, to twenty victories obtained by our arms." We are free to allow, that the subdivision of possessions or farms may prevail in a country to a ruinous extent ; but it is a great mistake to suppose that this evil can be cured by a law of primogeniture. At this moment Ire land, with a law of primogeniture, and im mense landed properties, is split up into mi serable patches. France, before the Revolution, exhibited the same spectacle. The possessions of the Noblesse descended to the oldest son, but at the time of the Revolution, seven-eighths of France, according to Arthur Young, were occu pied by Metayers, men in the lowest state of poverty, to whom the landlord furnished cattle, seed, 8.7.. c. while he shared the produce with them. In many parts the land was let to Middlemen, who re-let it in small divisions to Metayers. " The division of the farms and po pulation is so great," says Arthur Young, " that the misery flowing from it in many places is ex treme•; the idleness of the people is seen the moment you enter the town on a market day ; the swarms of people are incredible." The same Writer accounts for this wretchedness and subdi vision of farms. " That the poverty of the te4 nantry, which has given rise to this mischievous' practice, has arisen from the principles of an ar-, bitrary Government, cannot be doubted. heavy: taxes on the farmers, from which the Nobility and Clergy are exempt, and those taxes levied arbitrarily at the will of the Intendant and his stibdelegldl, have been sufficient to impo verish the lower classes. . The farmers are really poor, or apparently poor, since a rich man will affect poverty , to escape the arbitrary rise of a tax which pro fetses to be in proportion tb his power of bear, ing it : hence poor Cattle, poor implements, and poor dung-hills, even on the farms of Men who could afford the best. What a ruinous and de testable system, and how surely calculated to stop the current of the wealth of the Sovereign as well as of his people l What man of common sense and • feeling can lament the fall of a Go vernment that conducted itself on such princi ples ? And who can justly condemn the people for their violence, in wresting from the Nobility and Clergy those privileges and distinctions which they had used so unworthily, to the de. pression and ruin of all the inferior classes ?" A population like this, bred up in ignorance, lazi ness, and wretchedness, could not possibly pos sess any enterprize, and a mart never thought of quitting the spot on . which he was born, while he could obtain the smallest portion of land. This attachment to the soil, " kept up by the laws of a people originally in A state of slavery," became so rooted with them, that when . in America, as Volney observes, the - French " blame as immoral the readiness with which an American sells and quits the estate on which he was born, or which he has purchased and im proved by his own labours, to go and fix himself in another, though it is not easy to see what mo rality there can be in remaining in a place which you do not find to your wish." And these habits, the result of ages of misgovernment, accompany ing the French to America, kept thorn every where poor and wretched, while the English, Swiss, Dutch, and Germans, were every where thriving. [NEW TIMES.] There was much speculation yesterday in the Funds, but after some fluctuation, Consols for Account left off at 78, buyers. The accounts front Odessa were entirely in favour of Peace. The French Funds, it appears, have experienced a slight depression, but were by the last accounts SO: 70. It Is probable that this slight fall may have arisen from the rumours of a change in the French Cab!net ; since all political changes are usually preceded by a fall of the Stocks. The King's Speech was cautiously worded, and betrayed no small doubt on the part of the Ministers, as to the footing on which they stood. The general impression seems to be that M. Pasquier must give place to M. De Villele, whose talents, moderation, and firmness are universally known and acknowledged. M. De Villele has acted as Leader of the Royalists in the Chamber of Deputies ever since. 1815, and there is nothing but his loyalty that can be objected. against him as a Minister ; but that has hitherto been regarded in France as a very seri -OU4 objection. We have seen Revolutionists of all colours and of all classes seated in the Cabi net of his Most Christian Majesty ; but the 1-Am non-tenon of a Royalist Administration has never yet appeared. The result of the late Elections, however, ha's been so unequivocally in favour of the Royalists, that we conceive they must even tually attain that influence in the National Coun cils which common sense and reason teach us is their due. THE TIMES.] The friends of humanity are shocked at the continuance of the sanguinary contest between the Turks and the Greeks : the present suffering of fellow creatures must always give pain to sen sible minds : there are, however, many sharp remedies, the application of which is necessary to the future welfare of the patient ; and we are disposed at times to consider, and hope that the simple duration of the struggle now existing on the eastern confines of Europe may lead to beneficial results. We certainly wish well to the cause of the Greeks : that immediate success is equally desirable, or would even be equally beneficial, is not quite so clear. The Emperor of Russia, it is conceived, might bring the war to a speedy close by his interference. We, on the contrary, fear that the operations of such a mediator would only serve to extend the miseries of war, or at least, by exciting jealousy in the minds of the other European Governments, would lay the seeds of future contests. Suppose the Greeks, then, were to overpower their tyrants suddenly, and by one potent and unanimous effort shake off the yoke of centuries, what would be the consequence ? First, we fear that they would be impelled by their feelings to acts of revenge against their late oppressors; and the revenge of a people in such a state of civilization would, it is greatly to be apprehended, produce miseries little less horrible than those of a war. Indeed, we regret to state, that the Greeks have on some occasions of local or temporary success but too faithfully imitated their enemies ; and have shewn a thirst of blood, where the effusion of it did not serve to strengthen their cause : and if we wish, as we most sincerely do, the Turks to be de feated, we do not wish them to be massacred or injnred in any way farther than is necessary for consolidating of what we esteem the cause of Freedom. We know that there are persons in this Capital, as well as throughout the Continent of Europe, in correspondence with the Greek leaders ; and we trust these sentiments, the sentiments of all civilized men, will be made known to them; the casualties, however, of a prolonged war, the alternations of success and de feat, the vicissitudes of good and bad fortune, will, we trust, if the lesson can no otherwise be learned, at length teach moderation in vic rtory, and pity for the fallen. The triumph would come too soon, if it should come before those who obtain it know how to use it like men and Christians. " Baud ignara nzali" is a sentiment which does not lose its gloss by repetition. But with respect to the Greeks themselves, what, would be the consequence of sudden and decisive superiority over the Turks ? Why, that they ‘vonld he excessively embar rassed to know how to prOceed ; and the chances .e-e, that, into feuds and . dissentions- with each other, they would employ those .arms in mutual destruction, which they now, it is true, use with but doubtful success against the general enemies of their name and race. A contest of a more lamentable nature might ensue : a War of nation against nation is to be regretted t a ,war t of brother against brother can only be viewed with horror. Suppose England had suddenly withdrawn her pretensions to America, (for we cannot put the case of our country being so . quickly defeated), but - suppose we had only withdrawn our pretensions at the beginning of the American conflict, and before the talents and virtues of Washington had displayed them selves, what would have been the consequence ? No One certainly can say ; but it is greatly to he doubted whether even as speedy, atl, much less, as happy, a termination of • the troubles • would have been effected as subsequently resulted 'to America from the prosecution of the war. BIOGRAPHY OF HER LATE MAJESTr. The following is a copy of a letter sent by Mr. VIZARD to a Mr. WILES, who has adver. tined his intention of publishing a life of the late Queen : _ Lincoln's-iran.fields, Nov. 2, 1021. . . " SlR—Having seen a correspondence which has lately appeared in some of the public papers between you and a Mr. Brocke, on the subject of your intended publication of a life of ger - late Majesty, and perceiving by it that you • profess to giVe to the public what you term part of the intended case of recri mination and • the evidence which came- too late to be used' in the House of Lords, it has appeared right to the Executors named in her late Majesty's will, as well, as to. her Majesty's Counsel and myself, that it should.be distinctly known that your publication is sanctioned by no authority from them, and that although you ap plied to some of them and to me to be furnished with papers and information, you were expressly told by all to whoth your application was made, that neither could be given.—The object of this address being to prevent misconception, and that the public should - know that whatever inforrna rtion you possess comes nqt from those who alone could give that which is authentic, a copy of this letter will be sent to some of the daily papers. " I am, Sir, your most obedient servant, " John Wilks, jun., Esq. " W. VIZ:IRD." SUFFOLK AUXILIARY BIBLE SOCIETY. The Tenth Anniversary of the aboi , e Institution was held in the Shire Hall, at Ipswich, on Tuesday last ; the Right Hon. Lord 'CALTHORPE in. the Chair, who observed that he - could not do justice to hisTeelings, without congratulating the Society most sincerely. With peculiar satisfaction he hail •jturtheard that 21. 18s. had been raised by a great many poor indi§iduals at East Berghert. It was the glorious characteristic ofti4 _:1-6s p.el that it ,was preached to the poor. The progress of the So ciety reflected the greatest honour on the country—an honour., that would last when every other power had.passed away. His Lordship concluded amidst the cheers of his,auditory, The Report was then read, and stated that the Society had distributed; in the past year, 3198 copies of the Scriptures, com prising 1J57 Bibles, 1336 Testaments, and a Dutch,. Syriac, and Italian Testament, 'making; With those of for Mer years, a ' grand total of 34,078 copies since the formation of the Society in 1811; and that the income of the past year, arising from subscriptions and sale of Bibles, amounted to 13751. 45. :'4. The Rev. PETER. TROSCIIEW, who lately .visited Sweden Norway, and Denmark, and who described the striking difference in the religious and moral deportment in, the inhabitants of those countries which the dissemination of the Scriptures had lately produced, as contrasted with that total apathy towards the Chris tian .religion and its precepts which pervaded the popula tion under the pernicious influence of the. French Revolution, adverted to an interview he had, been honoured with by the Queen of Denmark, at which her Majesty expressed a grateful. sense of her obligation to the British and Foreign Bible Society, for the great and important advantages which its exertions had conferred upon her " dear Denmark." Ile also.mentioned his having had an audience of the King of Sweden, at Holstein, whom he well knew, having seen him when he commanded a detachment of the French Army ; from him he received every assurance of an earnest zeal to further the views of the Bible Society, considering its success most essential to tyre well-being and happiness of his People. PrTun GoDynty, Esq. moved thanks to the Noble Chair man, which was seconded by Mr. J.'l'. SHEWELT.. Lord CALTHOUPE- returned thanks, and the Meeting ad journed. DREADFUL ACCIDENT FROM THE EXPLOSION OF GUN POWDER. On Wednesday morning last, about half past five o'clock, the greatest alarm was occasioned amongst the inhabitants of the village of Brom ley, Middlesex, in consequence of a violent ex plosion of gunpowder taking place. On inquiry, it was found that a young man named LEAFSLEY, who lived footman in the family of Jong II An- GAaT, Esq , in the village, had risen between the hours of five and six, and gone into the kitchen for the purpose of striking a light ; but on looking into the tinder-box, he discovered there were no matches ; he therefore took.a small por lion of gunpowder from a tin cannister, which contained about three pounds of that article, and placed it on a sheet of paper on the table, toge ther with some tinder, and then struck the steel with the flint, and the paper ignited. A spark by some accident communicated to the cannister, which stood near him, mid on his taking hold of it to remove it, the contents instantly exploded ; the cannister was shattered to atoms, and the unfortunate man was thrown a considerable?dis tance ; both his eyes were nearly burnt out of his head, the thumb on Ids right hand was blow:1 off, and his left arm and hand were so dreadfully lacerated, that it is feared amputation must take place. Mr. and Mrs. ILIGGAHT, who slept OH the and . second floor, were thrown from their beds, every article in the room thrown down, and nearly all the windows were dashed to pi eces , and the unfortunate footman was immediately conveyed to the London Hospital, where he now lies a pitiable object, and yesterday was not ex pected to live. t al y the last We understand that those plaids, for the ma becnnie. l c; A e u e l f i e a p l c ) s r t i celebrated, te d , ° m i. - were s r l e i i c greatly 1 quickly bought up, Kilmarnockdealitaansilia b rou ght into the market was r i ll : ; so much so, that the whole stock and orders to a great amount given for cor e .— ( A/1r Courier.) FATAL ACCIDENT.—About half-past six o'clock yesterday morning, one of the bricklayers, named John Grey, employed in building the new Duchy o f Lancaster Office, between the German Chapel an d Waterloo-bridge, on the ground lately called the Savoy, fell from the scaffolding, and was so dreadfully hurt that he died shortly after. LAW INTELLIGENCE. COURT OP CHANCERY, Nov:8, ELOI'EMENT WITH"A WARD Pg CHANCtRY. - irALE V. THOMAS AND JOSEPH BARLOW. ' Mr. RourELL this day again called the attention of , the Lord Chancellor to this case. Several affidavits bad now been made by the defendants, but their contents were of so 'pecnliar a nature as to 'render incumbent en bim to pray the Court to. direct it to be heard in the private chamber. The defendants . were now present, as they had been yesterday, at the rising of the Court; although no mention had been made that they were so, and he trusted, that oh seeing the papers, the Court would grant his request. - Mr: CIIVNG • thought the case had been disposed of, but as affidavits.had been * filed; he did not know far it might be re. cessary for him to see them before the case was argued. He was not aware of their contents at present, nor had he any par , ticuLrr objection to having the case heard the' private sham , ber, if, as- it was.stated, the contents of the affidavits.might Le injurious to the feelings of the parties. The Lon.p - CHANCELLOA.. said, Mr. Ching could hear the affidavits 'read over in the private room. Mr. BO u PELL said, _from the nature - of the affidavits, it was really of the highest importance that the hearing should be priVate. Mr. Crxr)ra, said, under these circumstances, he would not object to such a course,. The Loan CrrANcEr-Lon said, if the facts charged. are true, 1 am of opinion therenever was a more gross case of contempt ; I am not, however; to take that to be the fact, without hearing both sides, and which lam now - willing to do. -.. The Lord Chancellor and the respective parties then went into-theptivate room, where they remained fft some time. On their return— The LOUD CLIAIiCELLOR• said he had -had some difficulty with Tespedt to the hearing of this' case out of Court. When both parties consented to . such a course, there was no doubt that such a power was invested in him, and, therefore, as - that had been the !list.. here, he had done so ; and he had now to express his entire approbation of the propriety of the application by Mr. Roupell, and also his satisfaction . at the condescension of Mr. Ching in agreeing to it; as, on hearing the affidavits read, there were found to be circumstances - connected with the trans action that must have been extremely painful to the parties to have heard repeated in public, and circumstances that had in duced him to commit one of them. The judgment or his Lord Ship was, that Thomas Barlow do stand committed to the custody of the Warden of the Fleet pri son, for a contempt of the order of this Court. With respect to Joseph Barlow, the consideration Of his case was deferred until the wh01 , ...;0f the facts had been investigated. 341 - . Thomas Barlow was immediately surrendered into the custody of the ifipstaff, and conveyed to prison. The case ex-parte Sharp occuplJd the remainder of the morn ing. It did not possess any feature of public interest. VICE-CHANCELLOR'S COURT, Nov. 8. IN RE BOYES. • This was a bankrupt petition, and the quistion for the deter mination of the Court was the right of Mrs. Boyes and her daughter, Miss Boyes, to prove debts against the bankrupt es tate of her husband, and the bankrupt estate of his two sons.— Her father had by will left to Mrs. &Tea - 10,0001. with remain der to her children, five in number. Her husband, Mr. Boyes, was executor, and the money was to be divided among the five children according to his appointment. If no appointment should be made by . the father, the money was to be divided in equal portions. This money Boyes lent to his two sons, who had no interest in the will. The sons became bankrupts.— Boyes, their father, also became bankrupt. Of the five chil dren four had consented to the loan, but Miss Boyes had not consented. The question with respect to her was, what amount of debt was she entitled to prove against the bankrupt estates ? Another question arising from the same testamentary deed was what was the title of the mother, Mrs. Boyes, as to proving 'any debt against both or either of bankrupt estates. The VICE-CHANCELLOU thoug!it the first a question of considerable nicety. The money must be divided among the five, therefore, each must have some portion, but it might have been so divided.that Miss Boyes should have almost the whole. -But no appointment had been made, therefore it was only a contingency_ as to her having almost all given to her; and a title depending upon an act subsequent to the bankruptcy could not be the foundation of any claim against the bankrupt estate. Her debt was,thas only one fifth of the suns. The second point His Rollout thought less difficult. The husband jure mariti, had a right to the full use and - disposal of the life-interest of his wife in the money. He might have given it entirely away, and . no claim would arise to the wife in consequence against his estate : but he had not given it away, and therefore an equi table right arose to her against the estate of those to whom it was lent : . but her right to prove a debt must be limited to the estate of the sons ; she had no right as against her hus band's estate. COURT OF TONG'S BENCH, Nov. S. CONSTITUTIONAL ASSOCIATION-THE KING V. TURNER. The defendant appeared at the sitting of the Court to plead to an indictment preferred by the Constitutional Association for publishing some. of Carlile's works. The indictment was read by the Officer, and the defendant pleaded Not. Guilty. lie was told his trial would come on at the Sittings after Term. RICHARDSON V. SIR R. NEAVE. This was an action against the defendant for an assault and false- imprisonment. The cause was tried before the Lord Chief Justice, at Guildhall, and a verdict found for the defendant. Mr. SCARLETT on this occasion moved for a new trial. The plaintiff, who resides in Essex, was going to London, when he was stopped by an officer belonging to Sir R. Neave, the Sheriff for Essex, and served with a writ of ca. sa. The plaintiff said, it must be a mistake, as he did not owe as much money as could intitle any man to arrest bins. The name in the writ was Wm. Richardson, and the plaintiff's name Was John. The officer would not listen to what the plaintiff had to say, hut insisted on his caption, and took the plaintiff to his house, •It was there discovered, that the writ had been sued out by some malicious person, and the plaintiff was discharged. Some time after he brought his action. The CuiEk. JUSTICE, in his charge to the Jury : called their atttention to a piece of paper which had been pinned to fife writ, and which contained the place where the plaintiff resided, and other particulars, making it almost impossible for the offi cer to be mistaken in the person of the plaintiff: There was no doubt the writ had been maliciously sued out, but the Jury had to consider whether the officer had received instruction which made it impossible without a breach of duty to avoid arresting the plaintiff:—The Jury found a verdict for the defendant. Mr. SCARLETT now contended, in support of his motion, that no instruction received by a Sheriff's officer could autho rize the arrest of a person whose name did not appear on.the face of the writ. • Mr. Just= BEST asked whether there was no attorney's name is the.proceedins ? Mr. ANDREWS said there was, but it happened that there was no-less than four of the same name. t►r. Justice BEsT—Something ought to be done to put an end to such dreadful abuses. The Lo RD CurEr Ju ST ICE said this was a question of great importance, not only to the civil but criminal administration of justice. If the mistake of a name in a writ or a warrant was to make the officer responsible, the consequence would be serious. Under all the circumstances the Court granted a rule to shew cause. WtST V. AXDRtWS. Mr. GURNEY moved to set aside the nonsuit in this case, and enter a verdict for the plaintiff. It was an action to re cover penalties under an Act passed in the 55th of his late Ma jesty for the protection of paupers, and to prevent parish-officers supplying the poor with provisions. The Bill was brought in by Mr. D. Gilbert. The action was tried in Sussex, and it ap peared that the defendant was one of the Guardians of the poor - of live consolidated parishes in that county. It was proved in evidence that he had entered into a contract to sell sheep, to a person named Griffiths, who farmed the poor, and the Learned Counsel for the plaintiff' contended, that such a contract was an infringement of the Act of Parliament before named. The de fendant consequently had incurred the penalty of 401. The Learned Judge held, that inasmuch as the defendant did not supply the poor directly with provisions, but the man with sheep, who famed the poor, he did not come within the mean ing of the Act. Mr. Justice BEST . asked who the farmer was appointed by ? Mr. GURNEY—IIe is appointed by the Guardians of the Poor, and the contract is obviously an infringement of Mr. Gilbert's Act, which was passed to prevent the very thing which the defendant had done. If half a dozen, Guardians of the Poor make contracts with the farmer, . they have an inte rest in the provisions supplied, and consequently they can ' not exercise a proper superintendence over the concerns of the poor. In that view he submitted that the nonsuit ought to be set aside. The LORD Cnxzr JUSTICE—Suppose on a complaint made to these Guardians that the provisions to the poor are bad, and it appears one supplies the sheep, another the bacon, and others different articles to the farmer, will they not have an interest in upholding the supply, and consequently the judicious controul they are expected to exercise be with held. _ . The Court, considering all the bearings of the case, held there was sufficient groutal to grant a rule to chew cause. GURNEY V. GUYON. This action was tried before Baron WOOD at Croydon.—The CO3l 310 N SERJEANT this day applied far a new trial, on the ground that. ecie :Learr,f_sti •. The cuestimi was whether . 114 sigilAtkire a th 4 plaintiff to a warrant of attorney was genuine ? Evidence w as c a lled to prove the plaintiff was pot in the room Ae-,instruent was said' to haVe been igneel,'lOng eimitgfr tb[pt t - signat tri ure to it. The father of the deposed,, that it was ,n9t his son's hand.writing. The' COMM& .Serjear, t was - prepared to call Mr. Lees, ,lnspector of , j3ank,t cites; , and. persons from the Frank4Alice in the General Pcst.Olfice, as being well skill ed in judging of but thelie.arned Jiidge "onSider ed such evidence inadmissible. The Jury found a verdict for the defendant, thereby affirming tireisi7., attire to he germine. • The C . ,0313i0N SERJEANT contended, that the direction of the Judge was erroneous, such evidence as he bad rejected hav ing been received by Lord Kenyon; Judge Buller, , Mr. Justice Ashhurst, and Mr. Justice Gould, in a trial at bar.—The Court granted a rule to slim cause. - COURT OF COM11!ON PLEAS, Nov. 8. The Court sat till one o'clock to hear wrimidti motions; and dispine of the ordinary routine business, in which nothing of public interest occurred. • . GUILDHALL. QUESTION AS TO THE LIABILITY.OF THE INNS OF LAW TO ASSESSMENT .FOR. POORS' RATES- Considerable - interest was excited it this Justice-room yester day, by the expectation of hearing the decision of the questioh between the City Liberty of the, parish of St. Andrew, Holborn, and the Inhabitant Householders of Thavies. Inn, ,relative to the:liability of the latter to be assessed tathe rate'for the pair of that Liberty. The question was before the Magistrates at this office in the early part of October, upon the hearing of a summons against Alexander Fraser, Esq. an inhabitant of the Inn, to shew cauk why a warrant of distress should not be issued to levy the rate upim his hoods and chattels, he having refused payment of the same. The then acting Magistrates, Aldermen Ansley and Waithman, declined granting the warrant, upon the ground, that as Thavies Inn had heretofUre been considered to 1)2 eXtra. parocbical, and no poor -rate ever - enforced against the occu piers of houses therein, the' parish Officers were hound to she's their right to rate, the, prima facie evidence of the fact being to the contrary. The case assumed precisely the same shape, viz. a summons against Mr. Fraser, yesterday, before the Aldermen C. Smith and Cox, who were assisted by the City Solicitor. 7 Nr. Jobsbn, the Vestry Clerk, was about to open the case on the part Of the parish, when Mr. Fraser observed, that as his' name appeared conspicuous, as the person resisting the pay ment of the rate, it was proper he should state that he was sim ply a housekeeper in Thavies-inn, and had no other interest in. the question, - avnich was, however, one - of great importance to the owners and proprietors of the freeholds, and from this consideration he had entrusted the discussion upon it to his So licitor, Mr. Deykcs, who now attended on his behalf. Mr. Jobson then said, that in making •his application for a warrant of distress against Mr. Fraser, the parish were actuated by no personal motive against him. Their object Was to bring the question to issue, whether or no, Thavies inn was liable to be assigned to the poor rate ; and Mr- Fraser's name was . selected for that. purpose, more particu larly, because by a decision of the Quarter Sessions, in an appeal on the part of St. 'Andrew's parish against an order for the removal of a pauper from the parish of St. Pancras to their Liberty, upon the ground of having obtained a settlement there in, by servitude with Mr. FraSer, they were burthened with the poor belonging to the Inn. The real queStion was between the parish and the inhabitants of the Inn generally, it being but Justice, that as the parish was liable for the support of their poor, the inhabitants of the Inn should contribute to the ra t e for filat,purpOse. He quoted several cast* and also a dictum of Lord Mansfield, to shew that all objections to poors' rates Inuit be made by appeal, and parties haVing had due notice of the rate, and neglecting to appeal against it, must be Concluded thereby, and. could not subsequently urge any legal Objections against the paynient: Under these circumstances he trusted the agistrates would allow the warrant of distress to issue, when the parties, if dissatiSfied, might try the r,uestion Upon an action for trespass. lf, however, the Magistrates should decline grant ing the warrant, it .would .then become his duty to move the Court of King's Bench for a 'mandarins against them. DEYKES Submitted that the remedy by mandamus would be the fittest and easiest method of bringing the question to issue.. The Court of King's Bench was the proper tribunal to decide it, and if Mr. Jobson,Wiis really So strong in cases as lie asserted, lie could have no okieetien, as the Court could not in that case hesitate to decide in his favour. The City Solicitor said it was discretionary with the trate to I.,Tratit or refuse the warrant. • Ile was therefore of opi nion, that to proceed regularly the rate should be given in evi dence, and Mr. Deykcs should then state the reasons for the refusal to pay. . On inquiry the rate bok was not in Court, and it was at length agreed that the cast should be again heard on Thursday next. . • THE WEATHER.—The weather duringthe greater partAif last Week was mild and pleasant, but on Saturday the Wind_ having gone round to the north it became cold,' and - during:the whole of the evening and yesterday morning we had sit urun terrupted fall of rain and sleet, with a strong gale of wind, which at times blew a perfect hurricane The hills in this neigh bourhood and the oppOsite coast of Fife were coveted With snow. A keen frost set in last night;,and continues tbis.morn ing. During the storm, several ships in Leith Roads were unable to ride out the gale, and run farther up the Frith Mr safety ; one of them, however, loaded with flax, went ashore at Newhaven early in the morning, where her cargo was landing yesterday, but as the wind got moderate in the afternocin t. and continues so, she is expected to be got off with little &make.- We are sorry to learn that three persons at Leith were fermd dead yesterday morning, supposed In have been occasion ed by the storm on the preceding evening. About se, ern o'clock, the body of a man was found by SOrne persons at Sei field Toll. From the appearance of the body, the deceased . ha..l been about forty years of age, stout made, and above the mid dle size : had on a short blue coat; crape round his tat, and his shirt marked G. B. No. 3. ; there were no marks a violence about his person, and he had Bs. fid. in his pockets. On being found, he was carried to the Leith Dispensary, and every means to restore animation were used, but without success. tie still lies at the Dispensary, not having as yet been clainr - ed - by lfis friends. Theother two cases were those of.a.woman and a ma-; the former was f..und dead in a ditch on the road befwe:en the Easter Reed and the foot of Leith Walk : she has been claimed by her relations, and is supposed to have stumbled into the ditch, and. from the violence of the storm had been unable to 'extricate herself. The latter was found quite dead at the head of the Links ; he had long frequented , Leith as a beggar. (Edinburgh Courant, Nov. 5.) In some parts of Yorkshire, and comities more north, there have been already considerable falls of snow. The fine venerable elm, clothed with ivy, that had remained for such a length of years a digni fied ornament of St. John's-walk, Cambridge, was torn up by the roots in the tremendous gale of Sunday last. John Morris, a youth, was committed from Queen-square yesterday, charged by one of the Park-keepers of St. James's Park with wantonly breaking one of the seats to pieces on Toesda,y morning. He was sent to TOll6ll-fields_ Rrici~•~f•~~l}. BIRTI - 16. On the sth inst., at Paris, the Lady of Philip James Green, Esq., his Majesty's Consul Gen. for the Mama, of a daughter. Or. Wednesday, the jth.inst„ in.Sidmouth-street, burgh-square, the Lady of William Cartwright, Est., of a daughter. Yesterday, in Great George-street, 'Westminster, the Lady of C. King, Esq., of a son. MARRIED. On Tuesday morning Sir William Hope led to the hymeneal altar the Countess of !Athlone. The happy pair left London immediately after, . for the seat of Lord M - elville, at Wimble don.—(Dublin Morning Post.) - On the 25th ult. at Edinburgh, HerriesKer, Esq., • to 3ladaline, daughter of the late Colonel Riccart Hepburne, of Iticcarton. DIED. At Auchintroig, Stirling,shire, the 29th ult., in the 88th year of his age, Wm. Maelachlan, Esq., Lieutenant on the half-pay of the 25th regiment. He served as a Gentleman Cadet in the Scotch Greys at the battle of Minden, and is believed to have outlived almost all his fellow soldiers who were engaged vu tlitt memorable day. On Sunday the 28th ult., at the Rectory, Tid St. Giles, Isle of Ely, in the 52d year of his age, the Rev. Timothy Matthews, 18 years Rector of the above Parish, and one of his Majesty's Justices of the Peace for the Isle. Printed and Published, for the PROPRIETORS, at the SUN OFFICE, 112, Strand, by J. B. CARI;TAIttS.