The Sun. — London, England, 1821-12-19 00:00:00

displeasure, instead of that joy which might have been presumed to visit them on the achieve ment of a constitutional v►ctory. The word 44 impatience " is used i❑ the reports of the Jour nalists,—a species of uneasiness which may have been excited among the Ultra Liberals, by the prospect of some degree of popularity accruing to their rivals, from this abandonment of an odious law, or by their ignorance of the further intentions of Ministers in regard to that branch of the chartered rights of Frenchmen which it had beeit the purpose of the meditated projel to abolish. In a previous debate on the admission of one of the Deputies, M. de la Bourdonnaye, a Royalist, expressed himself in language which was understood to pledge him to the support of all institutions which the constitutional charter had promised. The Chamber, soon after the ordinance was read, adjourned sine die. 'Fhe new Ministry brings with it a serious change in the relative im portance of the French Journals: some of those' which were before silenced can now speak aloud, and proclaim the sentiments of which they are the accredited organs. The Drdpeau Blanc seems, by this revolution, to have obtained an extraordinary prominence. We extract from it an article worthy of perusal, because it appa rently points out the course of party politics which the Royalist leaders are inclined to follow. It states that the Royalists only required of the late Ministry an acknowledgment, " that neither " the principles nor the men which overturned 44 the throne could be deemed capable of conso " lidating it." Hence it may not be very rash to conclude, that neither such men nor such principles will find much favour from the new Administration. The next paragraph yields an assurance that there will be " a perfect analogy 44 and consequence between the regulating grin " ciples of a legitimate Monarchy, and the acts " of the Government, and the Administration." Every reader will make his own comment on this language ; and we shall wait to see the new Mi nistry in action, before we ascribe to the decla rations of their partisans any more pointed TIIE LONDON JOURNALS. DAILY EXTRACTS FROM THE MORNING PAPERS December 19. [MORNING HERALD.) There are some very strange anticipations from the'anibiguous sentence in the memorable Address • respecting the compromise of the dignity of France in her foreign relations. It is said that France will now assume a more important atti tude in the affairs of Europe ;—that the indepen dente of nations will thereby be better provided —that Italy will be freed from the yoke of Austria—and that this Austrian usurpation was one of the undignified compliances of the late .Government. To mean any thing in the quarter whence it comes,this must mean that M.,de Villele and - his friends would have supported the constitu tions. of Naples and Piedmont! an absurdity the ',piost glaring. It is likely that the sentence in the *Address was agreed to, in this sense, by the left of the Chamber. But it is evident, that if .the ltra Members contemplated the non-interference of France in the affairs of Italy at all, their cen- s.::e was directed at the Government for not . ! as - %g shared in the occuption, and divided the perhaps, by occupying Piedmont. Have riot the Ultra-Royalist partisans, both in the Chambers and out of them, been clamouring dur ing the last two years for the interference of foreign bayonets to re-establish order and re ii ion---that is, despotism and the Inquisition, in ? [MORNING POST.] We announced yesterday the overthrow of the late French Ministry and the establishment of the Ultras in the full possession of political }:over. We have this day to record the first act of their administration. It is one calculated to redeem their character in the opinion of their most prejudiced en , rnies, and to create sanguine hopes that they will pursue a wise and salutary course. They have abandoned the project of law introduced by their predecessors for conti nuing the Censorship over Newspapers. This homage paid to the sense of the couutry is at the same time a return to the principles of the charter. It she ws that the men who have Ititherta.been represented as hostile to every liber;l institution and constitutional right which had sprung out of the Revolution, entertain a more sincere respect for the integrity of those rights and institutions than the agents and ministers of the Revolution themselves. Whilst the latter only maintained their authority by daily violations of that Charter of which they pretended to be the sole friends and guardians, the Ultras establish their own by sweeping off those fetters and abominations which ,chained and defiled the constitutional liberties of their country. It may be said, that although the Censorship will be abolished, the Journals are to be subjected to certain regulations equally incon sistent with the existence of a free Press. To this, in our present ignorance of what those regu lations may be, we can only answi:r, that the principle of regulation is recognised and was an nounced by the Charter, and that it has been invoked by the Liberals both in the Chamber and out of doors as the only constitutional mode of restraining the licentiousness of the Press. The great complaint against the late Ministers was, that instead of acting on that principle, and affixing penalties to the perversion of a right, they preferred suspending the exercise, and for a time destroying the existence of, the right itself. They were repeatedly called upon by all parties to restore its activity and to enact punishments for its abuse, a course which the Ultras now seem determined to adopt. The merit of having abandoned the injurious project is therefore not lessened by the proposal of a mode strictly Con stitutional, the effect of which will be to restore the fell exercise of a right guaranteed by the Chamber, but bearing, as it is just it should, a certain degree of responsibility. meaning. [MORNING CHRONICLE.] We have repeatedly urged as one, and cer tainly not the least weighty, of our objections to the Constitutional Association, that it disqualifies its Members for the due discharge of duties con nected with the administration of justice. Hav ing now the authority of the Lord Chief Justice of the King's Bench, to affirm that the Sheriff, whose office it is to impartially return the Jury, is disqualified as to the discharge of that duty by being a Member of this Association, may we not assert that its members are disqualified in respect of the still more important duties of Judges and Jurors ? If this be conceded, it be comes incumbent on those who are charged with the superintendance of the Magistracy, to advert to the condition in which many individuals have, by their ill-judged zeal, or love of persecution, placed themselves. We would ask how the Chief Justice of Ely is to conduct himself, supposing any prosecution to be brought before him by this As sociation ? We would also ask, how Mr. Alderman Atkins, if he be Member as well as Treasurer of the Gang, is to act in the event of any proceed lugs coming before him by, or against, the Consti tutional Association ? And extending the question to every individual Member liable to be called upon to act as Magistrate or Juror, we think we should by the answer be warranted in concluding that they have placed themselves in a situation that renders them unfit to be entrusted with a decision upon the guilt or innocence of those whom in their folly or malice they may think proper to accuse. This, however, which might be an offensive exclusion to some, may be a desirable exemption to others. But at all events it leads to this dilemma, that either some of those who are now members must withdraw frbm the Association, or their accusations must be tried by persons who hold the conspiracy against the liberty of the Press in unmixed ab horrence. [NEW TIMES. The Paris Journals of Sunday were received yesterday, but they brought no intelligence of any importance; for we suppose nobody will attach importance to the Ordinances naming Messrs. De Serre, Simeon, &c. Members of the Privy Council, a mere honorary title, usually conferred on the Cabinet Ministers 'who retire from office. Neither is it of much consequence to record the formal withdrawing of the proposed law on the Press, as it was self-evident that that law could not be carried by the majority which Lad already pronounced against it. All parties agree that there must be a law to repress the licentiousness of the Press, but the Constitutional Royalists, at present in power, have uniformly opposed the more slavish restrictions imposed on the Press by their predecessors. A new law must therefore of course by prepared, and we have no doubt it will be found conformable to the principles of sound and rational liberty, which the present French Ministers have uni formly professed. [BRITISH PRESS.] The Paris Papers of Sunday, which have arrived by express, contain some further official appoint ments, and such other regulations as the new Mi nisters think essential for the security of their power. The sitting of the Chamber of Deputies on Saturday presented some circumstances of considerable interest, the most important of which is the retraction, as we yesterday antici pated, of the law lately proposed for continuing the censorship of the press. This first measure of the new 'Ministry g as announced by M. Pey ronnet, the Keeper of the Seals, who presented to the Chamber an Ordinance of the King, which briefly declared that the former project was with drawn. The intelligence was received by the various parties in the Chamber with strong expressions of their respective feelings, which shews that the point was not one of mere Ministerial expediency, but one upon which public opinion is really very much divided. The Censorship now in existence was established in consequence of the murder of the Duke de Berri, who was at that awful moment loudly declared to have fallen a victim to the unbridled licen- 1 tiousness of the press ; and the Ministers then in being, who were the same that have recently retired from office, were as loudly censured for having suffered that licentiousness to acquire so formidable a front by their culpable indifference. The loudest in that censure were the Ultra- Royalists, who now emulously remove the restraint which they so lately thought 'essen tial to the safety of the Royal Family and to the tranquillity of the couptry. Have the cir cumstances of the country changed ? are the elements of sedition less active ? is the character of the Public Press improved, or its influence less extensive ? are the lives of the Royal Family more secure or less valuable than at the period of the Duke de Berri's death ? Upon these several matters we do not profess to entertain any opi nion ; but unless some changes have occurred in the internal condition of France, in the moral habits or the social principles of those who, whe ther as assassins or as seditious writers were lately the avowed object of ultra-royal alarm, we do not see how the present Ministers can recon cile their conduct with any ordinary notions of political consistency. [THE TIMES.] ' However concise is the report in the newspa pers of that part of the proceedings in the French •Chamber on Saturday, which concerned more immediately the recent change of Administra tion, it is far from being devoid of interest, distinguished as it is by party symptoms, from which inferences, more or less positive 'and important, may be drawn with regard to , the future. The Ministers, it is observable, ha've not intimated the Royal pleasure that the present law of censorship shall be suffered peace ably to expire. They preface the perusal of a de cree for withdrawing the projet which M. de Serre had just opened, by announcing from his Majesty The preparation of another projet for the regula tion- of. the journals. What, then,' is to be the character of this new projet; and in what is it to prove more or less acceptable to the friends of the Constitution than the censorship which has just been,given up ? Nor does the accession of the,Rbyalist party to power appear to have satis fied-the hopes, or soothed the irritability, of some of M. Chauvelin's friends, although it has fulfilled so completely the predictions of that Deputy. itke reading of the Royal ordinance was receiv eci the extreme left, as Messrs. Demarcay, Mechin, and others, with marks of testiness and SMITHFIELD CLUB: - - At a Meeting of the Smithfield Club on Friday, the Secretary read the following letter from his Grace the Duke of BEDFORD :-- LAW INTELLIGENCE. " Woburn Abbey, Dec. 6. " Sin,—Perceiving by " The Farmer's Journal," that the First Christmas Meeting of the Smithfield Club is fixed for Friday, the 14th instant, 1 feel it incumbent on me to avail myself of this opportunity (the sending of 'certificates of his Grace's stock to be shewn), to state my determination to withdraw my name from the Club. It will necessarily follow from this, that I shall, after the ensuinc , Show, discontiaua to offer those premiums which I have hitherto given. On a former occasion I stated it to be my intention to place these premiums at the disposal of the Smithfield Club, as long as they might be thought conduci ve to the great objects for which this Society was originally establish ed. Those with whom r have communicated' on the subject, some of the Vice-Presidents, and several of the most efficient and intelligent Members of the Club, agree in opinion with me, that the advantages which, on the first formation of the Institu tion, we held out to the public, have been amply realised, and that any further incentive to improve the breeds of Cattle, Sheep, and Swine, is become wholly useless. " It was stated at one of the earliest Meetings of the Society, by my lamented predecessor, that our Only object was to increase the animal produce of the kingdom, and this object has been fully attained. The meat markets of the Metropolis, and throughout the kingdom, are abundantly supplied: the best and most profitable breeds oicattle and sheep have been brought into ! notice, and have made rapid and extraordinary progress, in the estimation of the breeder and the grazier and the coarse and unsightly animals, alike unprofitable to both, have gradually disappeared ; the consumption, indeed, has hardly kept pace with the supply, notwithstanding an increased population, as the present low prices must sufficiently shew : therefore are the laudable objects of the Smithfield Society campletely attained ; and here, in my opinion,ought our labours and our exertions to terminate. " It may gratify perhaps_ the personal vanity of some of us, to exhibit extraordinary animals, but the public derives no benefit from our bringing to a greater degrree of perfection animals of a breed known to possess the highest merit. Agri cultural Societies should have but one object in view—the public benefit; this has been the early, constant, and unremit ting pursuit of the Smithfield Club; if no further general good is to be obtained, I think the sooner we dissolve ourselves the better; but I state this, without presumption, as my own opinion; though not unsupported by that of other Members, in whose judgment I have the highest confidence. It would, however, be the height of arrogance in me to attempt to dictate to the Club the line of conduct they ought to pursue ; whatever decision they may came to, 1 am persuaded will be influenced solely by a regard to the national welfare. I am, Sir, " Your most obedient humble servant, " BEDFORD." " Mr. John Farey, Secretary to the Smithfield Club." The letter was then ordered to be entered on the Minutes ; after which it was " Resolved unanimously, That the respectful thanks of this Meeting be presented to his Grace the Duke of Bedford, for the honour which die Smithfield Club has, through many years, re ceived, by having his Grace as its President, and for his Grace's premiums for live stock, so long and liberally given through the medium of the Club ; with an assurance that the circum stance of his Grace having determined to withdraw from the Club both his name and premiums,_ will not lessen the sense of past favours received, or diminish the respect which the Mem bers must rover entertain for the illustrious House of Russell." We have the pleasure of adding that the Club means to con tinue its usefttil labours, its finances being in a very flourishing state ; and that due notice will be given of the premiums to he offered for the next Christmas Show.—(Fanner's Journal.) COURT OF cIIANCERY, DEC. 13. CHAPPEL AND OTHERS V. CADELI, AND OTHERS. This case arose out of a doub!e, appeal agaihst a decision of the late Master of the Rolls. It was grounded on the following circumstances, as far as they could be collected from the state ments at the Bar :—Prior to 1804, a number of persons belong-, ing to the bookseliing trade, in this city, purchased two Daily Newspapers called THE BRITISH P . ltss and THE GLOBE, the first a Morning Paper, and the second an Evening Paper • The number of proprietors were at first thirty-six, who en tered into resolutions for the regulation and management of the concern. These resolutions, a hich were more than ten in number, embraced in detail a variety of regulations, and among others, provided that no proprietor, nor his representative, should be allowed . to sell out or dispose of his share without having first offered such share to the Committee of the Proprietors, in order to be purchased for the benefit of the other remaining proprietors ; and that the act of the majority should bind all. Meetings of the gene ral body were ordered to be held every three months, at each of which a managing Committee was to be appointed, and the value of the property ascertained. From various purchases the number of the shares were,. towards the close of the year 1807, reduced to 31. The publications being then in their infancy, no great profit was derived from them ; and a variety of dissensions having arisen anion:; the proprietors, some of them proposed that the property should be sold. A meeting of the proprietors was accordingly called together on the 17th of November, 1807, and it was ordered that a general meeting should be held on the 2d of December, to decide upon the pro priety of disposing of the whole. The meeting assembled and 26 proprietors proceeded to vote; when an equal number ap peared ready for the sale, and the same number opposed it ; it was then proposed that the Chairman should have the casting rote, on which he decided for the sale. The sale of property of that description was then advertised, and sealed tenders were so licited to be given in to the Committee ; who met for that pur pose at the London Coffee-house, on the Bth of the same month. Three tenders were received, and the highest was declared the purchaser, when, according to the stipulations, the money. pro posed was partly paid down, and in part satisfactorily secured. afterwards a sum, between 701. and 1101. each, was given to twenty-nine of the proprietors, as the price of the share of each. Messrs. Chappel and Fisher, two of the proprietors, however, who had opposed, from the beginning, the sale of the property, and who had, on all occasions, refused to assent to it, applied by bill to the Court of Chancery, to be declared still possessed of the shares, which they had re fused to dispose of. The case was heard before the late Master of the Rolls, when it was argued that the last purchasers of the property were persons who had been proprietors, under the for mer regulations ; and that, therefore, the two proprietors who had always refused to sell their shares, were entitled to consider those purchasers as trustees, not only for themselves, but for those two proprietors who, not having surrendered their shares, maintained that they had a right to an equal share in the pro perty as any individual of the last purchasers. His Honour de cided that the two claimants were entitled each to a 31st share of it ; but declined to give costs to either, party. Mr. Haul', on behalf of the plaintiffs, the two proprietors, rose to-day to appeal against that decision. lie contended that Mr. Fisher had never given his assent to the sale of the property at one of the meetings of the first proprietors ; that before the meeting of 26 had proceeded to vote, 111 r. Fisher had given a paper to the Chairman, which was read aloud to the whole, pro hibiting the saleOf his share ; that the sale had been hurried on and etrected under such circumstances, as gave strong suspicion to collusion ; that the person, Mr. George Lane, who had given in the highest tender, although at the time he was apparently unconnected with the concern, was, in reality, nothing morel than the stalking horse of scme of the present proprietors, who I had spoken unfavourably of the property, and who - had procured its sale at a disadvantageous time, in order to purchase it with success. The lowest bidding for the property was 4,0001., the second 4,5001., and the third 4,6001. for which it was sold. There were statements in the evidence before the Court that the property was worth from 6,0001. to 8,0001. Under such circum stances. he contended, that the decree of his Honour, in hav ing declared the! plaintiffs possessed of only a 31st share each, was not to be supported. The Loan CHANCELLOR said that there were various diffi culties in the decree of the Master of the Rolls ; it had declared the plaintiffs entitled to certain shares under the present system, without deciding . whether they were to act under the former regulations. Again the bill might have been dismissed as not having prayed for adequate relief. Mr. WETHERELL, on behalf of the defendants, said that they had lodged an appeal against that decision, on the ground that the bill ought to have been dismissed. Mr. HAILT proceeded to argue that the costs, which were very great, ought to have been divided also. In one instance his client had applied for accounts and papers containing the state ment of the affairs of the proprietors, when the defendants said that the books were too voluminous to he given in, but they were open to the investigation of the plaintiffs; his client asked again for the papers, when they lodged books and papers, of which an office copy cost more than 701. Mr. GIRDLESTONE followed on the same side. Mr. HORNE was prepared to maintain that the plaintiffs had given full authority to the sale, which they so much spoke against, for they were bidders to the second tender; but they had not been successful in their offer. Counsel on behalf of the defence not having been heard, The LORD CHANCELLOR desired the arguments to be pro ceeded in on Thursday next. ROMANTIC SUICIDE.-Doughts, Isle of Man, Nov. 22.—0 n Saturday afternoon, a person call ing himself James Baines, who had been lodging at the Plough Inn, in this town, kept by Mr. Blake, for nearly six months last past, precipi tated himself from a rock into the sea, at a place called Port Soderick, about two miles of the south side of this town. Baines was indebted 301. to the innkeeper, for board and lodging, and being pressed to settle his account, he made va rious excuses, and at length meditated to leave the island, without settling his bill ; for which purpose he obtained a pass, on Saturday, the 10th instant, and occasionally from thence to Friday last, left the inn under the pretence of dining from home. On the morning following, a pursuit took place, and Mr. Cleator, the chief constable of Douglas, accompanied by some ofi Mr. Blake's family, and other assistance, disco vered him amongst the cliffs at Port Soderick, about twelve o'clock at noon ; from thence to three, he kept moving from one frightful cliff to another, when he at length, getting on a rock round which the flood tide was rising,he sat down with much apparent composure. The Chief Constable, on observing his situation, sent for a l boat, on the appearance of which Baines descend ed from the summit of the rock, and walked into the sea until it reached about his breast ; at this crisis, Mr. Cleator, who was on the cliff above, called to him to return, and not to risk his life ; Baines returned to his former station, but on finding that the boat was fast approaching, he rose up, waved his hat three times to the per sons on the cliff, and immediately plunged into the sea. The boat was heavy, had but two oars, and those manned by ploughmen ; it was there fore nearly 20 minutes before they got up with the unfortunate man, from whom the vital spark had then fled. The swell being great, the men inexperienced, and Baines a very weighty man, the persons in the boat were unable to get him on board, but towed him from the place he was to laud, a distance of about 200 yards. What is remarkable, Baines never sunk, mg was lie noticed to make any other exertion, after he got into the water, but that of putting his hat down over his eyes. VICE-CHANCELLOR'S COURT, DECEMBER 18. The cases argued this day before his Honour possessed no public interest. Hisllor,u got through the paper by 3 o'clock. COURT OF KING'S BENCH, DEC. 18. Before the LORD CHIEF JUSTICE and a Special Jury. JONES V. BIRD AND OTHERS. This was an action upon the case.—The defendants, Messrs. Bird and Co., who are considerable bricklayers, contracted with the Commissioners to repair a certain sewer which runs from Clare-market through part of Clement's Inn. In the course of the operations attending these repairs, Messrs. Bird and Co. had occasion to undermine a place called St. Clement's pas sage ; they broke in upon the ancient foundations of the houses, without taking care to substitute sufficient support, whereby one building fell down, and two others were damaged. It appeared from the evidence called by the plaintiff (whose dwelling was one of those injured as above) that notice of their danger was given to the residents of St. Clement's passaga, and that (previous to the occurrence of the downfall in question) they had removed both their persOns and their property from the premises. It further appeared, that the unlucky accident, which might, by proper precautions, have been prevented, had arisen in some measure from a schism between contending par ties. The inhabitants of St. Clement . ): passage said, " You are endangering our houses, and you ought to prop them up."— The Commissioners said, " The houses are yours, and it is your business to take care of them." Mr. SCARLETT contended, on the part of the defenoants, that the houses must very soon have fallen of then:Rives : they were all in a state of extreme decay ; and had been sold by auction'4 years back, merely for the price of the ground which they stood upon. The Learned Gedtleman then stated that the sewer in question was of very ancient date, and that nothing, even in the way of repair, had been done to it since the year 1692. The houses (which must have been built subsequent to the formation of the sewer in question) rested in a great measure upon the arch of that structure : the arch itself was en tirely decayed, and it was impossible to restore, or even to meddle with it, without endangering the edifices above. Witnesses were exammrd at considerable length. The SOLICITOR-GENERAL replied. An old house (the Learned Counsel submitted) could not, legally, be thrown down to-day, because, by possibility, it might fall down to morrow. The LORD CHIEF JUSTICE (as to measures of precaution between the Commissioners and the landlords) thought that the Commissioners were bound, as far as they could, to secure all buildings endangered by their operations. His Lordship then left it to the jury to consider whether the fall had arisen merely from decay in the buildings, or whether it was to be as cribed to the negligence of the Commissioners. CONFESSION OF MURDER. —A most wonderful The Jury found a verdict for the plaintiff—Damages 1701. NORRIS V. WARDEN AND OTHERS. confession, by a dying man, has lately been made, horror which This was an action of assault and false imprisonment. explaining things that have long been bidden in Mr. MARRYATT was for the plaintiff, and Mr. SCARLETT mystery ; and unfolding a scene of for the defendant. The plaintiff had been a tradesman at Salisbury, in Wilt makes the eyes bloodshot to look upon :—A few shire, and was declared a bankrupt. The defendants, attornies of that city, were appointed Commissioners to open the Coin_ years' ago a barn was burnt, and all attempts to ineffectual. mission, and upon the plaintiff's third examination, having given discover the conflagrator provet. The as was alleged, unsatisfactory answers touching his af dying man referred to, tortured by the pangs of fairs, he was committed to prison. He was afterwards brought to London by Habeas Corpus, and discharged, after two conscience, to which those of death were monthssensa confinement, and this action was brought to recover a tions of pleasure, had the horrid secret wrung compansation in damages for the imprisonment, the plaintiff from his soul. lie confessed that be had robbed having given an undertaking to give material evidence in the and county of Middlesex. There being nothing to prove that the defendants had done any thing in the county of Middlesex, and murdered a man, and placing the corpse in the barn, had set it on fir e to conceal his crime. therefore shewing that the cause of action arose therein , He had an accomplice ; that accomplice is still Mr. SCARLETT, for the defendant, submitted that the venue living, and justice, though slow of foot, will consequently to have been laid in Wilts, and not in Middlesex, and F ' consequently that the plaintiff must be nonsuited, not having surely overtake him,—(American P °per .) c onformed to this undertaking above-mentioned. He founded SPRING Goys.—The following singular occur rence took place on Thursday last, in one of the preserves belonging to HENRY HocwroN, Esq. at Walton The gamekeeper was, as usual, going his daily rounds of visiting the different spring guns that are set in the woods, and had approached within twenty yards of one of them, when it went off, apparently without any cause : after re-charging it, he went to adjust the wires, when at the distance of between forty and fifty yards from the gun, to his great astonishment, he found a fine cock pheasant lying dead upon the ground. The bird was probably alarmed by his near approach, and in flying came in contact with the wire, and thus discharged the gun.—(Preston Chronicle.) DIED. On the 18th instant, at Cliffe, Lewes, after a few days' ill.. ness, 3lr. Thomas Gibson, ironmonger. On Tuesday, the 18th instant, at her house in Bedford-T(0/0 Mrs. Mary Kinderley, widow of the late John Kinderley, Dick, of the same place. On the 10th of October, at St. Helena, of apoplexy, ili a tlace Livingston, Esq., surgeon, much and justly regretted. On the 15th instant, at Cheshunt, at the house of her son-ill' law, Sarah, relict of the late Alexander Goudge, Esq. aged 82. On the 18th July, at Chittledivog, in his eighteenth year, Lieut. J. 31. Powell, of the 14th Regiment of Native Infantry , of the Mathas Establishment. The death of this promising and excellent young man was occasioned by the explosion of sn. ne damaged gunpowder, carelessly misplaced in a cave, insteid of being thrown into water, as directed, for the post was to be given up. Lieut. P., with another Officer, and some atteni ants s trolled from a party on the hill, and immediately a l oJd explosion was heard, and, shocking to relate, they were all found dead. It is supposed, as some of the party had segar3 in their mouths when they left their friends, that one of them, lin conscious of any danger, threw down an end of a segar. fell a young Officer of great merit, beloved by his regiment, and adored by all who knew him. . Printed and Published, for the PROPRIETORS, at the S' OFFICE, 112, Strand, by J. B. CAR.STAIRS. the objection upon -a case recently decided under the like cir cumstances. Mr. 31 A lIYATT was heard in answer to the objection; but The Lora) CHIEF J usT ICE was 'of opinion that the objection, was insuperable, and therefore directed the plaintiff te. "be' Non suitA COURT OF COMMON PLEAS, DEc. 18. SIIIP REPAIRS.—GAVIN AND ANOTHER V. KREIIbER. Mr. Sergeant VAUGHAN stated the case. He said this waft an action brought by the plaintiffs, Messrs. GaVin and Williaths, of Leith; against the defendant, Charles Kreuder, for the redo very of 1,4601. for the repairs of a Swedish ship, which was driven upon the coast of Scotland, in 1812, by stress of weather. The jury were aware that, for the obvious benefit of the owners, the Captain of a ship was entitled to commit the responsibility of his owners for all necessary repairs. The exigency of the case always justified this course : indeed, by the civil raw, t'he ship itself was held liable for repairs ; but by the general law of the land, the Captain as well as the owners were liable, un less the creditors gave the Captain a full acquittal at the time. The reason why this action had not been sooner brought Was, that the Captain had been mostly abroad, and the plaintiffs had therefore an opportunity of earlier holding the Captain to his responsibility. The repairs of the ship, in sails, cordage, and masts, to the amount stzted by the Learned Sergeant, were vroved in vi clence. The ship was represented as having been nearly a com plete wreck 'at the time. Mr. Sergeant H u LLOCK lamented, for the honour of Scot. land, that so slovenly a case as this had been got up in that country; and he also begged leave to dispute the law laid down by his learned friend : he apprehended the law to be this—that where the Captain ordered repairs owing to the exigency of the case, be of course incurred a liability, and comun;tted his owners ; but he must deny that the Captain could not he exo nerated without a specific acquittal : on the contrary, ever since the time of Lord Mansfield it had been held, that where the. creditor did not take from the Ca ptain a direct acknowi-dgment for the debt, but relied on the responsibility of others, he must stand by his election, and fail as against the Captain. Now in this case he would clearly prove the plaiutifr gave the credit to a house in Liverpool exclusively, and had therefore no claim whatever against the master of the ship, even thohgh they had ultimately tailed to recover from the house which they had credited. The Learned Serjeant then put in several letteit and depo sitions, which were admitted, and which went to fthew that the repairs were done on the credit of Messrs. Dixon and Co., of Liverpool, who had corresponded with the plaintiffs upon the subject of the repairs, and not executed them until they agreed with Dixon and Co. upon the prices ; and to the latter they ac tually transmitted a bill at six months, for acceptance, which they received back duly honoured from Liverpool. Serjeant VAUG - HAN, in reply, contended that the cor respondence with Dixon and Co. did not exclude the lien which the plaintiff's still held upon tale Captain who had given the order for the repairs. The Jury returned a verdict for the defendant. ASSAULT.—DAWSON V. HENLEY. This was an action for an assault alleged to have been commit ted by the defendant, who was owner of a collier in the Thames upon the plaintiff, who was a lightermen. There were several witnesses at both sides ; on the one part it was alleged, that the plaintiff, happening by accident to find himself on board tile defendant's ship, demanded payment of a debt of 155., and was repaid by a violent drubbing, which constituted the ground of the present action. On the other side, witnesses Stated, that the plaintiff went on board for the purpose of beating the de fendant, and the moment he got on the dee;k, he proceeded to execute his purpose, and that it was.. plaintiff, not defendant, who committed the assault. A great deal of abusive language appeared to have been interchanged between the parties, who had also engaged several Counselnt each side to fight the battle over again in Court. The Jury found a verdict for the de fendant. OLD BAILEY. Yesterday six prisoners were convicted of felony, and two were acquitted. The whole of the prisoners for trial having been gone throne), the under-mentioned capital convicts had sentence of death. passed upon them : Thomas Thompson, for forgery ; Thomas Deakin, William Hall, Wm. Percival,- Chas. Yates, Henry Turner, Richd..l ago, and Thos. Beck, for burglary ; John Chec•.tcr and Thos. Bert rand, fur highway robbery ; Robt. Watts, for house-breaking Win. Page and Wm. Cordell, for horse-stealing ; Nowell Wil kinson and Josh. Marsden, for a robbery on the river Thames- Twenty were sentenced to be transported for life; five for fourteen years; fifty-five for seven years ; forty-eight to various terms of imprisonment ; eight to be whipped and discharged ; ten to be fined Is. and discharged; and upon four judgment was respited until the next Sessions. The Sessions were then adjourned till Wednesday the 10th of January next. Yesterday Thomas StrulArd, the driver of the Bayswater stage, was brought to Marlborough street office, under the Coroner's warrant (the Jury having found a verdict of Manslaughter against him on the preceding evening, for driving against Mr. SLADE, by which that person had been so much injured as to cause his death,) to be held to bail ; but no person appearing as bail for him, he was committed to Newgate for trial• COURSE. OF EXCHANGE, December 17. Amste►dam Ditto, at Sight l2 9 Rotterdam l2 13 Antwerp l2 7 Hapsburg!► 37 o Altontt Paris,3 Day's sight 24 60 OUs. Ditto liourdeanx, ditto Fresh forton the Main Nlatirid Cadiz Gilboa 3fij Meetly* Barcelona . 34 Seville Gibraltar Leghorn (hi •lii 43i-Venice, Ital. Liv. 27 (30 Malta 45 -.Naples . 40 Pale ruao Lisbon Oporto Rio Janeiro Dublin .... 8i Cork 9 peu Cent. BULLION. l'ortngal Gold,in Coin / .0 0 0 pet O=• Foreign Gott', iu 11ars 3 17 10t New Doubloons New Dollard U 4 Do silver to Marc, s;t.tnctaid 0 4 Ili BIRTHS. On the 17th mst., at Turnham-gran-terrace, the Lady of .1. F. Monkhouse, Esq., of a son. On Tuesday se'nnight, at Edgeiton Lodge, near Tludars.• fidd, the Lady of the Rev. H. .1. .11altloek,'of a soil. MARRIED. On the 4th instant, at Chelsea, Captain Pogson, R.N. W ;Hiss Standish.