The Sun. — London, England, 1821-12-06 00:00:00

T bON RNA LS, iVAILY EXTRACTS FROM THE 'MORNING FITTAIS Decenzber 0. EMOIINNG POST.I The_ general state of Spain is one of agitation and of menace. Impotent against the,Constitu rion, if the Constitution be duly enforced and protected by its own members, the partisans of Asolufe monarchy still possess sufficient strength to disturb the peace of diitricts, and to create a perpetual alarm of secret conspiracies. On the other hand, divided amongst their selves, the Constitutlwalists feel the want of that superior authoriti'4,,which they have divested the MO-' t Arch,,,T.iktyhich, like the key-stone of an arch, 4014,,serve .by its weight and positiOn to bind - t-O#ither . and consolidate, whilst it would keep - separate the different parts of the political edi fice: The ambition of individuals begins to break in upon that unanimity of purpose of which Spain ofrer ‘ ed so noble an example at the period of her revOlution. Intrigue has taken the place of pub lic virtue, an4l in some instances heroism has sunk into pretence, and patriotism has dwindled -into quackery. [MORNING Il 17.11.VT.131 There were no arrivals yesterday from the Continent, with the exception of Lisbon Papers. The' absence of French and German Papers h-aves us vithOut further information of the, state of parties in France, and without the ru mours' of the day respecting the Russians,Turks, find Greeks— AS to , dornestic politics, the re ports of changes in the Ministry still occupy. some portion of general conversation. Upon this .tibject, however, there is nothing material to add to what we have already communicated. [NEW TIMES.] The advices from Prance produced nothing new yesterday.• We wait anxiously for an ac count of the proceedings of the Deputies, on re ceiving the King's answer to their Address. It is prpbable that they will instantly present a emptutrance, demanding to know by the advice ic i what Mipi i ger the answer was given. This woliff:l britig,,patters to a crisis constitutionally. The Ministecs might be impeached, or the Cham ber might be ,dissolved : but at all events, the spirit of the Constitution would be preserved. The Ding, as it appears to us, makes himself too much a party in these disputes. It would be de sir'able that he should study the principles of Re presentative Government, before he proceeds to the length of publicly censuring a branch of the Legislature. These breaches between different branches of the sovi , reign power can only tend to weaken the Royal Authority,. We abstain, how ever, from more particular remarks until we see what effect the late extraordinary measures pro duce. It may be, that the decisive manifestation of the spirit of the Chambers may, lead to a change of Ministry : and our anticipations would of course be greatly modified by the personal characters of the new Ministers ; that a change of Administration, or a dissolution of the Chamber must take place, is obvious ; and we hardly think that the King will resort to so hazardous a mea sure as the latter. [THE TIAIES.I Letters dated the 26th _of October were re ceived yesterday from Havannah. They state, that on the 29th of September, Iturbide, the leader of the army of the Three Guarantees, and General O'Donoju, became masters of the city of Mexico, without resistance, either from the chiefs, the corporations, or the select part of the inhabitants, who all decided for independence. — Davila, the Governor of Vera Cruz, had thrown a strong force into the fortress of St. John de Ulloa, which commands the city, but with this exception the whole of Mexico is said to have fallen into the power of Iturbide and O'Donoju. Some, obscurity hangs over the present proceed ings and ultimate views of those chiefs, which, at this distance from the scene of action, and with our scanty means of information, we cannot pre tend to dispel. The conduct of O'Donoju seems extremely suspicious, and by entering into a treaty withlturbide,he has communicated a full portion of the mystery to the latter. He leaves Madrid, and passes the Atlantic to govern Mexico in the name of Spain ; and he no sooner arrives than he renounces his allegiance to Spain, and declares Mexico independent. Instead of joining the party that seemed favourable to the views of the mother country, he treats with the Chief of the Insurgents, and proceeds to the capital of the Colony at the head of troops which his commis sion from Ferdinand, it might be supposed, au thorised him to repel, and, if possible, subdue. Triumphantly established in Mexico by the side of the prime mover of the late revolution and the author of the " Three Guarantees," he is em ployed in organizing a force to reduce the pro vincial fortresses which still held out for the mo ther country, which he came to represent. Such are the facts; and speculation busies itself in vain to find a key for explaining them, or recon ciling their apparent inconsistencies. rXOII'..TING CHRONICLE.] The subscription of 101. in aid of the G reeks, which we announced yesterday, was from John Williams, Esq., of Lincoln's Inn.—All those who have the national reputation at heart, and who have laboured to promote, and feel an interest in the benevolent and philanthropical objects which hiC:ibeen identified as it were with the glory of this country, and of which the success must de- And so much on our preserving our hold on the esteem of mankind—cannot fail to rejoice at the opportunity that is about to be afforded for repelling the accusations against the country, now so universally made on the Continent, and for which, it must be owned, the recent conduct of some of our functionaries has appeared to afford but too good aground. For the part, for instance, we acted, in abolishing the slave trade ourselves, and in pressing the abolition on other coun tries, our neighbours on the other side of the channel have uniformly been rather unwilling to allow us the credit to which we conceived ourselves edified. Their disbelief in our disin-' terestedness has always been the great obstacle in the way of that hearty concurrence on their part, which is so essentially necessary to the ac complishment of the views of our philanthropists. [BRITISH PRESS] WC do not expect that the Address to the King, which was voted at the Thatched House on Tuesday'last, by the meeting of the Noble men and Gentlemen connected with Ireland, will have the effect of induCing his Majesty to call his Parliament together one day earlier than had been previously appointed ; but no doubt can be entertained that the unhappy state of Ireland will be noticed in a prominent manner in the Speech from the Throne, and will occupy the attention of Parliament pre vious to the discussion of any other topic. We hope that Select Committees will - be ap pointed by both Houses of Parliament, to in -quire not merely into the causes of the presqt discontents, but generally into the condition of the labouring classes and the peasantry of Ire land, with a view to the suggestion of some re medy for improving their moral and social con dition. It was universally admitted at the meet ing on Tuesday, that the causes of the present discontents are not of momentary existence—that they are the same that have been in fearful opera tion for centuries, and that evils such as we now contemplate with horror and astonishment, must for ever• return -to our view, unless these causes, hich have acquired strength from time, and have been fostered by the wicked and selfish passions of those who are bound to repress them, be effectually removed. COATS 0 - F Aums.—IIENRY, surnamed " - The Fowler," Emperor of the West, who regulated the . Tournaments in Germany, was the first who introduced those marks of honour, Armourie . s or Coats of Arms. Before that time We find nothing npan ancient tombs, bat crosses with Gothic in scriptions, and decorations of persons entombed. The tomb of Clement IV., who died A.D. 1268, is the first wherein we find any arms, nor do they appear struck upon any coins before the year 1336. Camden refers the origin of hereditary Arms in Englaud', to the time of the first Norman Kings. The town was yesterday visited by a most remendous thunder shower. The lightning was extremely vivid, and the rain fell in torrents about three o'clock. All the low grounds about the Metropolis were under water. A Spanish Journal states that a merchant of Orihuela, who had cause of complaint against a young female, cut off her ears ; one of which now hangs by a thread of the skin, and the other is deposited with the Magistrate, as documentary evidence. • A Cuttrous CIRCUMSTANCE, showing the great number of female servants out of place, occurred on Tuesday. A . Lady had advertised for a cook and a housemaid, and with the permission of Mrs. APPLEBY, a widow, who keeps a hosier's shop in Parliament-street, had directed them to apply there, between the hours of eleven and one ; at eleven o'clock no less than 49 females met toge- ther in Airs. Appleby's shop, and by twelve o'clock the number amounted to 105 ! The shop, the steps of the door, and the pavement, were filled by these females. A constable was sent *for to protect Mrs. Appleby's property in her shop, and to disperse them. The Lady was there according to appointment, but was so per plexed by the number of applicants, that she could not engage any of them. ASSAULT AND ItoßnEtty.—Tuesday night, be tween nine and ten o'clock, as W. HALL, Esq., who had just arrived in tot% n by one of the Chel tenham coaches, was going from the Gloucester coffee-house to Brompton, with a small paper parcel in his hand of some value, he perceived himself dogged by an ill-looking man all the way from the office as far as the dead wall on the other side - of Hyde Park-corner ; the fellow then snatched his gold watch with one hand, and struck him a violent blow on the face with the other. Mr. 11., on recovering himself, gave an alarm, and the man was followed as far as the gate, when he turned into Hyde Park, and eluded further pursuit. DREADFUL FIRE.--On Saturday morning, about six o'clock, a fire broke out at the Queen's Head public-house, at Brompton, and in less than an hour and a half the whole was levelled to the ground. So rapid was the course of the devouring element that every article of furniture, &c. was destroyed, and the inmates barely escaped with their lives. Mrs. IIooGsKIN and a female servant were with difficulty taken out from an upper window ; and Mr. KIPPING, broker, of Maidstone . (who was sleeping in the house,) made his way through the fire, by which he was severely scorched in the face, bawls, and other parts of his body. Two other lodgers also escaped with great difficulty, one of them being much burned hi attempting to save some of his clothes, for which purpose he had imprudently re-entered the house. The women were unable to save a single article of dress, except their night-clothes. The adjoining house was much injured, and had not the officers and privates in the barracks, together with.the dock-yard esta blishment, exerted themselves in the most prompt and laudable manner, the whole street would, in all probability, have been destroyed. The house and furniture were insured ; and although no lives were lost in the house, yet the effects which followed are of a melancholy nature. One wo man, a near neighbour, was so alarmed, that she fell in a fit, and shortly expired. A poor man also, who resided near the spot, and who had been unwell, was so much agitated by fear, that he expired the next day. An elderly woman who kept a small school, and a young woman, a cripple, both residing near, were so dreadfully alarmed by the terrific appearance of the flames, as well as from apprehension of not being able to make their escape, that they fell victims to their fears, and expired the next day, literally from fright. Another woman also now lies in a most dangerous state of illness, from the same cause.—(Maidstone Journal.) LAW INTELLIGENCE. COURT OF CHANCERY, DEC. 5. KNIGHT V. KNIGHT. Mr.-A ann, for the defendant, moved that publication might pass of the evidence given fender a commission appointed to ex amine-witnesses touching the alleged illegitimacy of the defen dant, tile supposed child of the plaintiff. • The plaintiff filed his i bill on the 23tb Jan., 1819, and had examined witnesses under • the -commission, but not within the last twelve months. In con sequence. of that delay, the plaintiff last-seal gav e notice of a 'motion for passing the publication of the evidence. The plain tiff had received notice of the intended motion, and his solicitor had filed a petition, in which he.prayed that the commission might be kept open longer,• in order to afford an opportunity of obtaining the evidence of Mrs. Ports-an, who it was pretended was residing in France in order to avoid examination. He trusted that his Lordship would not consider; the circumstance a sufficient ground for continuing the commission, which might be kept 9pen for ever upon such pretences. Mr. NV lIIGFIELD, for the plaintiff; hoped the Court would allow the commission to be kept open,longer. - • The LORD CHANCELLOR.—Have you an affidavit? Mr. WINGFIELD replied, that he had the affidavit- of Mr. Fielder, the plaintiff's solicitor., which lie would read to`the Court. The Learned Counsel then read the affidavit, which alleged that the plaintiff had informed the deponent, that he believed the Honourable Lucy Elizabeth. Portman, the sister of the defendant's mother, could give material evidence con cerning the question at issue, and that she was residing in France purposely to avoid examination by the commission.— The affidavit also alleged, that the deponent belieVed there were several other persons whose evidence was material, who had not .yet been examined. The LORD CHANCELLOR asked why the plaintiff had not sent the - commission to France to examine Mrs. Portman? Mr. 'WINGFIELD replied, that he had not at first supposed that Mrs. Portman was -staying in France to avoid' being ex amined. The LORD CHANCELLOR said it was extremely dangerous to keep a commission open - fot a longer period than was abso lutely necessary. The plaintiff : had not accounted for the cir cutnstance of not having examined the other witnesses, besides Mrs. Portman, whose evidence-:he considered material. His Lordship then directed the motion to stand over till next seal, and desired the Counsel for,the-,plaintiff in the interim to speci fy what witnesses he intended to examine, and to account for not having hitherto examined them. BOLD V. STEWART. The facts of this case were • fully stated in THE Stir; of Tuesday last. His Lordship hail suspended tile injunction which the plaintiff had obtained inconsequence of it appearing that he4tati not supported the facts.stated in his bill by affidavit. The practice of the Court prohibits the plaintiff from filing an affidavit in support of his bill, now that the defendant has put in hiS answer, and he is therefore compelled to resort to' the an swer of the defendant for grounds upon which he may claim a renewal of the injunction. Mr. HART said, the prayer of the plaintiff's bill was, that it be declared that certain bills drawn upon . the house of Bold and Co., of Liverpool, were obtained and deposited with the defendant, Mr. Stewart, by means of fraud, and that the plaintiff was not liable to pay the same; and also that Mr. Stewart might be ordered to deliver up the bills in order to be cancelled. The Learned Counsel. then proceeded to read the answer of the defendant. At two o'clock his. Lordship told Mr. Hart lie was obliged to- adjourn the Court, but he - would take the answer or the defendant home with him, and read it in the course of the night. VICE-CHANCELLOR'S COURT, DEC. 5. EX-PAILTE SHAW IN RE 110WARD . AND tB is HONOUR, upon coming . into Court this morning, asked .fie parties expected judgment in this. matter. Mr. BELL said, he believed the parties were in attendance. The Vie - E-Casaa*cELLott then proceeded to give judgment. His Honour repeated all the circumstances in which the ques tion had come before the Court. A majority of the creditors who had chosen to vote for assignees had made choice of Messrs. Carroll, Duff, and `ti ilkie ? in opposition to Messrs, Shaw, Pearson, and Harman. Owing to the lateness of the hour, the assignment had not been executed as usual the same evening. In the mean time a petition had been presented to the Lord Chancellor, by Messrs. Shaw and Pearson, praying that the choice should be voided, and that they and Mr. liar man should be declared the assignees actually chosen. The Lord Chancellor referred the petition to him (the Vice-Chan cellor), and the execution of the assignment was suspended till the question should be stated. It had, in the first instance, been discussed in that Court, with the view of showing whether there were circumstances in it which entitled it to be con sidered and determined out of its due course. Upon that point he had come to the conclusion that it was entitled to a pre ference. On Thursday last it had been aped on its merits. On that occasion the petitioners had not contended for their election as assignees, but confined their :prayer to the voiding of the election of Messrs. Carron, Dia, and Wilkie. The olijeCtions to the choice were two : first, that die election had been obtained by the canvass and solicitation, and even by the threats, of the bankrupts; and, secondly, that Mr. Carroll , whose ebt of 13,0001. had been rejected, had an interest-ad verse to that of the creditors. It was denied by the bankrupts that they used any threats, but it was not denied that they had canvassed, or that their canvass had influenced the choice of assignees. The question for him to determine was, without inquiring into the motives of parties, whether it was consistent with the spirit and policy of the bankrupt laws that the bank rupts should indirectly choose their own assignees. The ad ministration of a bankrupt's affairs was taken entirely out of his hands, and intrusted to persons who had power to examine the bankrupt, and all with whom he had dealings, and ,to provide against any application of his property that might be prejudicial to the general interest ofthe creditors. The sth of Change 11. devolved those duties on assignees. It was therefore contrary to the principle and policy of the bankrupt laws that a bank rupt should be permitted to choose his own . assignees. He was not aware of a case exactly like the present having ever come before the Court; but if the principle was clear, the novelty of the case formed no objection. If there should be cases in which the bankrupt ought to interfere, this, was not that case ; and therefore the possibility of exceptions could not affect, the present judgment. Neither was it necessary here to enter into the distinction between a bankrupt's asking a friends vote, and his influencing the choice of assignees. In this case the choice had been influenced by the bankrupts, and therefore that choice could not stand. lie did not think it necessary to go into the consideration of the other point, respecting Mr. Carroll's situa tion. Whether Mr. Carroll's intesest disinalined him for the office of assignee, and whether, if his election were voided, the choice of the other assignees was good, being questions involv ing general principles, he would - not give any opinion upon diem. It might be material for the parties to consider whether the same assignees were eligible in a new choice; but he could not give any opinion upon that point, because it was not brought before the Court, and because Mr. Shaw swore in his affidavit that the majority of the creditors thought they ought not to be assignees. But the three gentlemen he alluded to ought to con sider, that if they should be re-elected their election might be again imputed to the influence of the bankrupts. Mr. BELL begged to suggest, that it was understood if his Honour ordered a new choice of assignees, the order would be suspended till Mr. Gritustead and - Mr. Carroll should prove their debts. After some conversation between Mr. BELL and Mr:lion:NE upon this point, The VICE-CHANCELLOR directed the order to be made out, but. not delivered for a dak or two, and said that Mr. Bell might present a supplemental petition, praying- that the execu tion of the order should be inspen aed till tile debts allluded to were proved. Mr. IlonsE said, that Mr. Shaw, as provisional assignee, must be considered as served with notice. Ilis Honour acquiesced. Some conversation next arose respecting the expences. The VicE-CilitscELLoit ordered the expense of the pe titioners to be taken out of the estate, but refuted those of the assignees. COURT OF JUNG'S BENCH, DEC. 5. At Nisi Prius.—Before the LonD CHIEF JUSTICE. ROBINS A. BARTON. This was an action by Mr. Robins, of Warwick-street, for professional services rendered to the defendant. Mr. Barton wishing to dispose of his estate in Gloucestershire, applied to the plaintiff to conduct the sale. Mr. Robins went down to Stow-m-the-Wold, valued the property, and adver tised it in the town and country papers ; eventually it was put up at Garraway's Coffee-house, and the defendant bought it in at 41,0001. Mr. SCARLETT told the Jury that (for personal labour and ex pence incurred) Mr. Robins charged jonly 881; The re , ,,d ar cost of surveying a n estate was half per cent. upon the total of value ; but Mr. Robins was in the habit, where properties did not sell, of making (by comkarison) a very trifling charge. The business, the' Jury would u pderstand, had been done in the year 1813 ; and the mere outlay of the plaintiff, with in terest: to the present tune, would a mount to more than the mo ney now sued for. Mr. (lc ttNEY said that his defence would be a short one._ Mr. Robins had contracted to do the job for 401. ; and Mr. Barton, upon the present action, had paid :M. into Court. The appliedto,sail at 0 „„ , 4‘ I had better see the property ;" g real facts of the case were these :—Mr. Barton wished to sell his estate ; but he did not like the half per cent. and objected (very prudently) to an unnecessa r y survey. Mr. Robins, bah] the cost of an auctioneer's glance was understood, and Mr. Ro- ' bin's proposal wus negatived. Nlr. Robins then took a more reasonable coui•sL: “ 1 - should like the said) to vkw the Fstate before I put it up : 1 am going down into the neighbourhood, and I Will look over it." In conclusion; -Mr. Robins went to visit a friend in •Gloucestershire : while he was staying there, he rode a distance of two miles to Mr. Barton's estate ; he passed, altogether, not quite a quarter of an hour , upon the property ; and now, to turn that morning's gallop to account, - he called his trip to Gloucestershire a survey, and charged 351. for valua tion and travelling expenses. Witnesses were called on both sidei. It appeared that the contract imputed to Mr. Robins was. an agreement for 401., ex clusive of commission : the charge fer commission to be asTea sonable as possible. A tender of 50I: was proVed by the de fendant. There were promises of payment. shown, from Mr. Rarton•to the plaintiff; but it was not quite clear that, at the time of those promises, the defendant had been cognizant of the amount demanded. _ _ The LORD CHIEF JITSTICE left the case to the Jury, who, after a moment's consideration, gave the plaintiff 701. COURT OF COMMON LEA , I,S, DEC. 5. SUDDEN ILLNESS OF A JUROR. The first cause 'on the paper was an action of STAFFORD againit HAISISTON, on the subject of a sewer affecting the plaintiff's residence•at Knightsbridge. There was a model and several plans _in Court, the examina tion and compariscin of which occupied the Learned Counsel at both sides until 12 o'clock. When the trial had proceeded -thus far, the Court was infOrmed that Mr. Langley, one of the Spe, cial Jury, was so ill that he,Could not remain in the box. The Lord. Chief •Justice having ascertained that the Special J uryman (who was of extreme age) .was so - infinn'thlt mild not pos sibly remain to discharge his duty, observed, that there was. no alternative brit perrnitting Mr. Langley to withdraw ; and under such circumstanccs the only . thing to be done was to yield to imperious necessity. Mr. Serjeant LENS, lito was fortlie defendant, declared his readiness to go On with,tbe remaining eleven jurors. or to consent to call in a twelfth. to supply the vacancy which had untbrtn irately taken place. ' , Serjeant 11tr.r.ocK, who was for the' plaintiff, refused to accede to t ither.of the propositions, an,d.s:d4 that . tire cause must fall from the present sittings. Mr. Serjeant LENS, denied that such a result must.follow : • the case' must still stand as if -never tried ; antt he hoped the Court would fix it Saturday. • - • mr. Serjeant llum.ocr. trusted the Court would - do no such thing : the cause must for the present fall, as matters stood. The LostD CHIEF JusTicE said that the circumstance was a very novel one, and he should make no order upon'the eaSe`at this moment, whatever phantom 'might float in.his mind respect ing-the course about to he 'taken. Mr. Serjeant HULLOCHE &lid, that if theplaimiff did not; un der existing circumstances, desire to press on his cause, it was not for the defendant to dictate to him. - : . • Mr. Serjeant YELL said that he Velievcd a case had occurred on the Western Circuit,wherea juror was obliged to be discharg ed by illness, and where the cause remained still on the paper, and did not lose its priority. He remembered something of a similar kind in a criminal case on the - Western Circuit, in which Mr. Justice Best felt himself in considerable difliculty how to act, and , on that occasion some case was found appli cable to they pint in Leech's Clown cases, which decided the 'Learned Judge's Opinion. The LORD CuiEr JUSTICE expressed an anxiety to have the case in Leech referred to more minutely. ' Mr. Serjeant PELL lamented that his memory did not at the Moment suggest the name, but he would endeavour to find out the case, and communicate it to his Lordship. Mr. F. PoLLoeic apprehended there was no difficulty ; for it every day pccurred in the Court of King'g Bench, that when a jury could not agree, a juror was withdrawn and the difficulty obviated. • Mr. Serjetant LENS denied that there was a parallel between the present difficulty and the. practice alluded to. There must always be a consent to withdraw a juror; for the law did not impose such a practice, but exactly the reverse : it declared that the jury should agree. The remaining eleven jurors were then discharged, and no order made respecting the cause, except the expression of the Lord Chief Justice's opinion, that it must stand over until next sittings. HARE V. PV.TO AND AXOTRER. .F;erjeant Huttocx stated that this was an action brought by •Nir. Alexander Hare, of No. 17, Greville-street, Holborn, against Jr.A Peto, who had lately erected several buildings on the ofil site of Furnival's Inn gardens. fer ob structing the light which Mr. Hare's premises had formerly received from the open cera of the gardens. The Learned Ser jeant said that Mr. Peto had made great improvements upon the old site of Furnival's Inn, and erected buildings - from which, he derived great profit; . but he must be told, that for his im provements and his private profit, he could not injure any other individual's interest, or obstruct his enjoyments from the a& vantage of local situation. Several witnesses proved, that since Mr. Pettis buildings were erected, the free current of light and air was excluded from the rear - of Mr. hare's house in Greville-street, to the great injury of the health and enjoyments of the family, and that damp and moisture were now felt whete there were pre viously a cheerful prospect,- the full rayS of the sun, and pure air. For the defendants several 'surveyors were examined, who declared their opinion that the space left behind the houses showed a determination on the part of the original owners to re serve it for building. They, however, admitted that the build ings of Air. Peto had obstructed the admission of light and air to the plaintiff's premises as formerly. A verdict for the plaintiff, by consent, was then taken.—Da mages, 2001. ' PREROGATIVE COURT, DEC. 5. This being by-day, the Court sat for a ;hurt time for the dis patch of business. A few motions only were taken, and some assignations settled for the ensuing Term. COURT OF SURROGATES, DEC. 5. BEST V. BEST. - Sir C. Ros INSON. stated, that this was a question arising out of a suit, instituted in this Court, by .31rs.Elizabeth Best,against her husband, .I.Best, Esq. for cruelty. This suit was met by a responsive allegation on the part of the husband, denying cru city; and,ainong, Other articles of accusation, in bar of his wife's s'ait, charging her with the crime of adultery, and praying to be divorced. •The suit, it appeared, had originally commenced in 1818 and the Wife being called upon to deliver her answer to the allegation of the husband (which contained 19 articles), the present proceeding was upon objections taken and argued, as to the sufficiency of those answers, on the ground, that the wife had not answered specifically and fully, as required by forms of law. The objections taken by Dr. Lusniso T ON, followed by Dr. ThasastiN, on the same side, as Counsel for Mrs. Best, were shortly these :—ln answer to the primary articles of the hus band's allegation, which set forth that she had, without just cause, quitted his house, and gone to reside at the York Hotel, Dover, on the 7th, and did not return until the 11th of.lanuary, 1816, pretentng that she went to Dover, to consult with. Mr. 31. ;.ennet, • solicitor; her absenting _herself from her hus band's house at such time, being for the purpose of extorting a settlement from him, and refusing to return until such settle ment was made, as the conditions of her return. That she had repeatedly, declared " she only married him for what she could get out of him." Her answer to this being, that she did not quit his house for the purpose of extorting a settlement as arti culate ; but the only time she did quit her husband's house, without his consent, was, when, from the cruelty of the said James Best, she ceased to be under his protection, and went to seek the protection of her father. It was objected that this denial was not sufficiently explicit, since any party might deny a fact as articulate, if it varied in any way as to what was stated in the allegation. The second and third Articles went on to state, that whilst the said Elizabeth absented herself froM her said husband, in order to extort such settlement, she wrote two several letters from the York Hotel, at Dover, to him, to thoeffect that he should make such settlement, demanding this as the conditions of tier return to him : and the third article stated those letters to be her pro per hand-writing, and exhibited the originals ; likewise pleading the identity of the parties. Her answer to this was, that she had never written to her said husband for the purpose of extorting a settlement from him as articulate, or demanding as the condi tions of her return ; but that her said husband, upon their mar riage, had promised to settle upon her 7001. per annum ; and that she had only applied to him for the fulfilment of such promise. With respect to the article pleading the letters in her own hand-writing toiler huslsand from the York Hotel, at Dover, her answer was: the cannot, and hopes the Court will not com pel her te answer that article ; she requests the protection of siva Court, so that the fact pleaded may be put to lawful proofs. It was here contended that she ought to answer specifically whether she wrote those letters or not. _ . . Sir C. Roungsog, in answer to the objections argued by his Learned Friends, submitted, that the Court would consider the answers suffitiently explicit. Dr. PIIILLIMORE followed on the same sole. Dr. SivABEI - (the Jude)finally determined, that the party should answer more specifically the several articles objected, and to which the answers were directed to be reformed, with the ex ception of her answer to the direct aftirmative charge of adul tery. The Judge further observed, that as this case had been a long time delayed, the Court would allow only one month for *husband to bring proofs in support of his allegation, in or der to bring the cause to a conclusion within the time the prac tice of the Court prescribed. IRELAND. Our doneF.tic news, from the more Souther a Districts, continues to be of an afflicting and dis graceful character ; and we regret to'find symp toms' of an ill inclination nearer home than Tubber:. All the Proclamations for prosecuting the murderers of the Sheas were torn down the first night after their being posted, and, in place of them, a short notice was put up—" Not to be uneasy aboutr, the Prochnnations being taken down—that there should be occasion for plenty Hof them before the winter was over."—(Clunmel Herald.) We have learned that the burning of the Parish - Church of Knockane, near Killarney, originated: in a dispute .about encroachments upon some. graves.—( Waterford Chronicle.) (Frorri " The Limerick Chronicle" of Saturaay';) . The i\lagistrates and Gentlemen,Ool)e line of road from Dublin have been on,Ate as c some cars, laden with gunpowder, dolisigned for this city, have been stopped by them,.and stored.: in places of security. A most numerous and respectable meeting of the Magistrates and Gentlemen of the county of Tipperary was held at Nenagh; on Wednesday, when resolutions were entered into; expressing a„ determination to support the peace of the county, and praying that the Legislature would have the Insurrection Ac re-enacted, which the meeting. conceived the most effectual inode of restoring tranquillity. On Tuesday night, five fellows distributed no- ces at several far! )-Itous•es, different town- fields, within a few perches of Upper William street, desiring the proprietors to pay certain sums in support of " Captain Wright and his• party," and threatening with destruction those who refuse to conform, We understand that some of the farmers, through intimidation, com plied with their illegal demands, The house of John Enright, at Boherue, near Pallas-Graue ' • Daniel Lee's, at Drumkeen; Bartholomew Brien's near flatly brooch and sv: - veral others in the neighbourhood - Of '-f)ahir-Con-• lish, were visited, on Wed:tesday nizht, in search of fire-arms, and contributions in money levied from each. - Chute's Western Herald, - received This morn- ing, says, 46 Since our last publication, we regret to state, that a number - of those nightlrmg rauderS, who disturb the public tranquillity, have been busy within a few miles of Tralee. On Sa turday night, a large party went to different houses in the. neighbourhood of O'Doriiey, de manding arms ; and on Monday night, the same banditti, we should suppose,• took arms from dif ferent persons between O'Dorney and Listowell. In no instance did they meet with resistance. — Yesterday morning a notice was posted on the church !gate oflflyn, in this county, sizzled " Captain Rock," threatening all drivers, tithe collectors, &c. with the fate of young Mr. Ilos.- kins, as also whoeVer should attempt to take it down. On Major Ponsonby hang received in formation of this, he immediately rernoVed it." INFAarops Fn.vun.---A. person .well dressed, and having the appearance of a gentleman, called at the hotise occupied by the 'orphans of the late Mr. and Mrs. Bouy,NtA!4, at klackney, boe distressing case has appeared in moSt of the public Paßers,.and for whose relief. a subscrip tion has been set on foot. The fellow, address ing the eldest daughter, pretended,to commiserate their unfortunate condition, and said he brought them a contribution of 2/., requesting change out of a 10.1. Bank of England note. Not having the change in the house, they, at his suggestion, sent for and obtained' it in the neighbourhood, and gave the villain Si., with which he decamped It is needless to say, that in a few days the note came back, being forged.-3 medical gentleman at Hackney was defrauded, about the *tie time, by giving change for a forged 51. note, to a per son. whose. description answers to the above: COAL-MARKET, DEC. 5. Ships at Market. Ships sold 54 Newcastle - - 37 - 84 Sunderland. - - Price. 35s ea to 44s ea 33s Ga to 45s 91 BIRTHS. Yesterday, Mrs; Edward Dubois, Gower-place, Euston square, of a daughter. At Feddal-house, Scotland, on tile 24th ult. the Lady ofJuhn Graham, Esq. younger of Fcddal, of a daughter., . MARRIED. On the 4th inst. at Lewisham, Mr. Witham Chambers, a Maddox-street, Hanover-square, to I:Um, only daughter of Edward Ledger, Esq. of Blackheath, Kent. DIED. On the 3d inst., at his house, in Burlington. street, in the City of .Bath, Barry Latinalot Lee, Esq., of Coton-house , Shropshire. On the 25th of November, at Mezieres, in France, in that nCtli year of his age, Strickland Freeman, of 'Fawley Court, in the County of Bucks, Esq. On the 11th of November, on his passage home from Gre nada, for the recovery of his health, John Ogle, Esq., Capt4in Ret. of Foot, and son of the late Robt. Ogle, Esq. of Eling ham, Northumberland, sincerely regretted by all who knew !inn. On the 13th ult., at Greenock - ' g after a lint iilnee.. Job' , Lawmont, Esq. surgeon R.N. Ile was surgeon of the Viectie at the period of her capture, and the c.on!i,iant of the larneit;:a Captain Wright in the Tower of the rAiiple. in Paris, end last friend who had access to his dungeon. On Friday se'nnight, at Cliester.le-Street, Jahn Bird, Esi aged 85. Mr. Bird was bred to the sea service ; when in th! flower of youth he sailed with the late Earl Howe, then C - tarn Howe, under whose command, at the eaptere of the 11s vannah, his matcldess strength end courage were conspicuous - When lie retired to the merchant service, he gave a fine exam ple of what temperance, industry, and perseverance could per form. Having acquired an ample f:rl , tric he ended his day s on the spot which gave Wet births ; but his well-earned fortune was nut locleed up in a casket ; his bounty was frequently ex tended to his relations and connexions ; the poor had his pecu liar regard ; void of all ostentation he did rood by stealth, and it was among his last requests to his aK:.tionate wife, to t) good to the poor when he was gone ! Mr. Bird was one of the first who founded a ship assurance accociation, by deed at North Shields, in the early part of the Ameriean revolutionary war. Only three of the parties who subscribed the deed are. now living. It was prepared by the late Jasper Harrison, et Newcastle Esq. and settled by the Right Honourable the pre sent Lord Chancellor (in Aucust, 1777), then an Cttlina t and rising counsel at the bar. The Chancellor is some yea.ti; younger than any of the surviving three.* Mr. Bir d foug in !it under the immortal Wolfe, at the siege of Quebec , 1759, having the command of a party of seamen, who 1," buckled the cannon up the abrupt precipice, unde r the plains of Abraham. • *l. Mr. John 111 ' owick, of Preston, in his 87th year. ear. ' 2. John Scott, Esq. Dockwrav Square, in his 7 7 th y 3. Mr. Ralph Clarke Lowes, (4 . Tynemouth, in his 74th Ye! 4. The Right Hon. John. Earl of Eldon, &c. in his 71st Ye"l Printed and Published, for the PROPRIETORS , at the ,c.%• OIVICE, 112, Strand, by J. B. CARSTAIRS.