The Sun. — London, England, 1839-12-11 00:00:00

_EVENING FlirrlON. SPECIAL COm MONMOUTH, TUESDAY NIGHT. The Speci a l C omm i ss i on f or th e t r i a l o f t h e Ch ar ti s t Prisoners was opened at an early hour this morning, by Sir Nicholas Tyndal, Chief Justice of the Common Pleas ; Sir James Parke, Baron of the Exchequer ; and Sir John Williams, one of the Justices of the Queen's Bench. The circumstance (a very unusual one in the hitherto peaceable district of Wales) appeared to oc casion nothing like excitement, nor even the desire to gratify curiosity on account of its novelty. There Were not to be seen in the streets any crowds—cer tainly no crowd such as might be expected to be seen an a market day. The interest, if there be any, is, I suppose, reserved for the trials, when the poorer classes, who are the most deeply affected by the frightful affray at Newport, will naturally be attracted to this Place, where the fate of so many of their relatives wilt be determined. Another reason for the apparent apathy which now exists may be this—that I have found since I arrived here a very pervalent notion that there will be no Fapital conviction at this commission ; or, if there be, it Is not likely to be followed by execution. It appears to me that such a report is circulated for mere party Purposes. It is believed, I have heard by the pri• loners, that even now the family of Mr. Frost are speaking of arrangements for immediately abandoning England after his acquittal. Such a notion may well account for the apathy which, in a case like this, is ex traordinary. As to the entrance of the Judges, which took place between ten and eleven this morning, it was not attended with any display such as I had expected. There were not more than three carriages to make up the procession, and they were unaccompanied by any Fulitary, being merely preceded by the Sheriff's usual Javelin and foot men. It was thus they came into Monmouth, from the seat of Major Marryatt. Upon entering the town, they at once went to the Court house, where the Royal Commission was read. MONMOUTHSHIRE TO WIT. NAMES OF THE GRAND JURY TO INQUIRE FOR OUR SOVEREIGN LADY THE QUEEN FOR THE BODY OF THE SAID COUNTY. Capel Hanbury Leigh, of Pontypool Park, Esq., Lord Lieutenant ; Sir Robert Edward Henry Somer set, Knight, commonly called Lord Robert Edward Henry Somerset ; the Right Hon. Granville Charles Henry Somerset, commonly called Lord Granville Charles Henry Somerset, Sir Fitzroy James Henry Somerset, commonly called Lard Fitzroy James Henry Somerset ; the Hon. William Rodney, Bart. ; Sir Edward Harrington, Bart. ; Sir Samuel Fiudyer, Bart. ; Sir Charles M organ , B ar t, ; Si r Di g by Mackworth, Batt. ; Sir William Pilkington, Bart. ; Sir Thomas Molyneux, Bart. ; Sir Benjamin Ball, Bart. ; Richard Amphlett, Monmouth ; Joseph Batley, Nanty Glo ; Colethurst Bateman, Bertholley ; Richard Blaketnore, The Leys; Samuel Bosanquet, Dongestow ; John Buckle, Chepstow ; Samuel Richard Bosanquet, Donee stow ; Crawshay Bailey, Nanty Glo ; Joseph Bsyley, jun., Nanty Glo ; Francis Chamber, Llanfoist ; William 'Clifford, Pengstone ; Henry Clifford, of Tame ; Wil liam Curre, Ilton Couat ; Phillip John Duserell, New land ; Christopher Davies, Derwyn Cottage ; Joseph Davies, Tyesha Beduas ; Kingmile Evans, The Hale , Edward Frere, Llanelly ; Thomas Fothergill, Caerleon ; William Goodrich, Energlyen ; John Gwynne, Gwern Vile ; John Gisborne, Brenderry ; George Golding, Trewyn House ; Samuel Homfray, Bedwelty ; Thomas Hill, Blaenavon ; William Holies, Sherenewton ; George Hall, Belmont House ; James Hunt, Snatch- Wood ; Summers Harford, Sirrbowy House ; Charles Lloyd, Harford, Ebbw Vale ; George Jones,'Manedee ; James Jenkins, Chepstow ;John Jones, LlanarthCourt ; Phillip Jones, Llanarth Court ; William Jones, Clytha House ; Edward Jones, Llanarth Court ; HenryWyborn Jones, Llanarth Court ; John Jenkins,Caerleon ; Warren Hoodman, jun., of Chepstow ; Charles Lewis, St. Pierre ; Rowley Lascelles, Tredegar ; Thomas Lewis, St. Pierre ; Charles James Lewis, St. Pierre ; - W m. Hunter, Little Upper Pant-y-Goirtre ; Chs. Morgan Robinson:Morgan, Tredegar ; George Gould Morgan, Tredegar ; Charles Octavius Swenerton Morgan, Tredegar ; William Mor gan,Pant-y-Goirtre House ; John Moggridge, Gabalva ; Charles Marriot, the Fort ; Matthew Moggridge, Woodfield ; Edward Graham ; Francis Mecdonnell, of Usk; Iltyd Nichol, of Usk ; William Needham, the Varteg ; Thomas Oakley, Lydart , George Ormond, Ledbury ; John Partridge, Monmouth ; Henry Pocock, Beech. hill ; Thomas Perry, Peneold ; William Phillips, of Whitson ; Joseph Price, Monmouth ; Charles Har rison Powell, Monmouth ; George Rook, Bigswear ; Thomas Reece, Usk ; John Etnerington Welch Rolls, th e Hondre ; Jelin Roberts, Ciedden; John Lucy Scuda- More, Kentchurch ; Edward William Seymours, Port , Mawr ; William Richard Baker Lorwth, of Skenfreth ; ' Charles Kemys Kemys Tynte, of Kennisbly : Char les John Kemys Tynte, Kennisbly ; William Vaughan, Courtfield ; John Francis Vaughan, Courtfield ; John Upton ; Nathaniel Wells, of Piercefield ; Ferdinand Hanbury Williams, of Colebrook ; Henry Wise, of Culdicot ; Richard Willis, of Monmouth ; Edmund Williams, Maesywddyd ; George Gettong, Newport. The following gentlemen are not in the Commission of the Peace :—Edward Harris Phillips, Pontypool ; David Carruthers, the Grondree ; John Lllewellyn, &bercarne House ; Thomas Browo,Aberusttruth ;*John hussell, Aberustruth ; Thos. Cooke, Newport ; William Morgan, Llanewnorth ; Thomas Hooper, the Priory ; George Brown, Aberustruth ; 'Joseph Beaumont, Llan- I arth ; Thomas Davies, Llangattock ; Qsman Wyatt, Troy House ; George Smith Kearnett, the Rectory ; 'Philip Ambrose, Landegveth ; John Slynny Alfrey, Malpas ; Edward. Thomas Alfrey, Malpas ; James Aihwell, Lanover ; Joseph Pumphrey Austin, Gross- l Mont ; Samuel Babington, Monmouth ; William Baker, Langstone ; Robert Parker Boyd, Dux- 1 ton ; Samuel Brooks, Peenham ; John Brewer, 1 Aberustruth ; Lewenniale Scarpe Brown, Chapel Hill ; I John Butler, Caerleon ; Oliver Chapman, Chepstow ; Edwin Carter, Chepstow ; Samuel Churchill, Lien- 1 Itowell ; George Cobb, Monmouth ; James Cordes, I Malpas ; James Drake, Chepstow ; R. Howell Fleming, Landigo ; John Fletcher, Llanbaddock ; Richard Fo thergill, Caerleon ; D. Fripp, Chepstow ; Thomas Gra trex, Monmouth ; George Harcourt, Rockfield ; Henry Montonnia Hawkins, Tredmarnock ; Weldon Hill, Abergavenny ; John Hodkioson, St. Mollos ; Thomas Hughes, Newport ; Wm. Hughes, Llantillo Lressenny ; Stanhope Hunter, Llantillo ; James James, Priory Usk ; John Jenkins, Ponthier ; Frederick Justice, St. Wool las ; John King, Portskewrth ; John Laurence, Llaw eeelwa : John Lewis, Rogesstone ; Samuel Llewellyn, Abergavenny ; Martin Morrison, Newport ; Thomas Paythesus, Llanuenarth ; David Phillips, Llanbolleth ; William Phillips, Golynos ; Thomas Powell, the Geer ; James Proctor ,Chepstow ; Robert Wrottesly Purchase, Landoss ; George Reese, Kemys House ; Henry Ro berts, Monmouth ; George Rollings, St. Alows ; Richard Salmon, Chepstow ; William Steel, Abergavenny ; John Townsend, Chepstow ; Thomas Tredon ; Thomas Ven nor,' Llanellan House ; Thomas Wakeman, Llantillo Lressenny ; Henry Francis Bearsley, Llanhannock ; ' Robert Wheeley, Llanfoest House ; Trevor Adam Williams, Llanhennock ; John Adams Williams, Llangibby ; Edward Adams Williams, Llangibby ; Wil liam Williams, Newport; Thomas Williams, Newport; Charles Williams, Pontypool ; William Williams, Aber baden ; John Hodges Urnsloe, Trellock ; William Wood, Abersychan ; William Wryght, Clytha ; James Garworth, Hadnock ; Edward Bayntren Yescombe, the Arlene. A considerable proportion of the above were in at tendance, and answered to their names when called upon. The CHIEF JUSTICE, addressing the Grand Jury, I said, 44 Gentlemen, I am extremely happy to find so lar ge a number of the gentlemen of this county ready to perform their duty on this most important occasion." The following gentlemen were then sworn on the ' Grand Jury : Lord Granville Somerset, M.P. Foreman. Hon W. Rodney. Sir B. Hall, Bart , M.P. W. A. Williams, Esq., M.P. it J. Blewitt, Esq., M.P. K. Hamlyn, E sq. Joseph Bailey, Esq., M.P. • Richard Blakemore, Esq., M.P. Francis Chamberleigh, E sq . William Curry, Esq. Frederick Buchanan, E sq . Joseph Davies, Esq. John Gisborne, Esq. Samuel Homfray, Esq. John Francis Vaughan, Esq. John Jenkins, Esq. Thomas Lewis, Esq. Charles Octavius Swithington Morgan, Esq. Charles Marryatt, Esq. Francis Macdonald, Esq. William Needham, Esq. C. H. Powell, Esq. J. E. W. Rolls, Esq. Upon the Grand Jury being sworn, silence was pro claimed, and Chief Justice Tindal proceeded to address them in the following manner : My Lord and Gentlemen of the Grand Jury,— Her Majesty having been pleased that we should be assembled this day, under commissions issued, not for the holding of an ordinary Assize and gaol delivery, but on a spe cial and extraordinary occasion, it has become my duty to lay before you the nature and description of the offences to which those commissions extend, the class and character of the cases which will probably be brought under your investigation, and the law which w ill apply to such cases respectively. It is not my intention, nor indeed have I the power to detail or comment on the circumstances of each particular case upon which you may be called to inquire. Undoubt edly it will be more advantageous on the present occa sitm, where the committals are, unfortunately, very nu merous upon charges of the highest crime which can affect society, that you should receive only a general exposition of the law, which you may yourselves apply to th e circumstances of each individual case, rather than that you should be embarrassed by any previous minute !'Bll of detail of the facts attending e a ch particular case. By such a course, as it appears to me, the ends of justice Will be attained with more complete certainty, and with greater satisfaction, both to yourselves and:to the public Gentlemen, with the very limited knowledge which I possess on the subject, it could not be expected, neither would it be proper, that I should attempt with any mi nuteness of description to enter into the history of that transaction which has formed the occasion of our being convened together at the present time. Indeed it is so desirable that you should approach the performance of your duty, without any prepossession in your minds as to the facts which may be proved before you, that I shall purposely abstain from saying more than that it is a matter of public notoriety that disturbances have recently taken place within this county, of such description and character, and of such magnitude and extent, as to render it highly probable that, amongst other charges, indict ments for high treason will be preferred against some of the parties, who are supposed to have taken a share in those proceedings. It will, therefore, be my more immediate duty, on the present occasion, to call your attention to the charges which will in all probability be brought under your investigation founded on this transaction ; to expound to you, so far as I am able, the law which defines and applies itself to those seve ral charges ; to explain the proof that will be necessary to constitute the offence imputed by such charge ; and to add such observations relating to the nature and quality of that proof as will enable you to come to a just estimate of its weight and sufficiency in support of the charges brought before you, and thereby to arrive at such con clusion in each particular case as justice and reason require. The Commission of Oyer and Ter miner, one of the commissions under which we sit, is in it,elf general and unlimited in its terms and extent. It comprehends within it all treasons, misprisions of treasons, and all felonies, and misdemeanours whatever. But., as the only cri minal charges that are prepared to be brought before you are those which originate from, or are connected with, the disturbances above referred to, with respect to which there can be little doubt that presentments for high treason will be brought forward, my duty will be in the first place to offer you such remarks upon the law of high treason as may assist you in the per formance of the important functions you may be called upon to execute. Gentlemen, the crime of high treason in its own direct consequences is calculated to produce the most malignant effects upon the community at large ; its direct and immediate tendency is the puttin g down the authority of the law ; the shaking and subverting the foundation of all Government ; the loosening and dis solving the binds and cement by which society is held together ; the general confusion of property ; the in. volving a whole people in bloodshed and mutual destruc tion ; and accordingly the crime of high treason has always been regarded by the law of the country as the offence of all others of the deepest dye, and calling for the severest mem.ure of punishment. But in the very same proportion as it is dangerous to the commuity, and fearful to the offender, from the weight of punish ment which is attached to it, has it been thought nee cessary, by the wisdom of our ancestors, to define and limit this law within certain express boundaries, in order that, on the one hand, no guilty person might escape' the punishment due to his transgression by an affected ignorance of the law ; and, on the other, that no innocent man might be entangled, or brought unawares within the reach of its severity by reason of the law's uncertainty ; and accordingly in the Parliament of the 25th year of King Edward 111., an Act was passed, entitled, " A Declaration which Of fences shall be adjudged Treason ;" and upon this an cient statue expounded. and in some degree enlarged, by a statute passed in the 36th year of King George 111. stands the law of treason at the present day, so far as relates to any of the cases which can by possibility be made the subject of our inquiry. The statute of Edward 111. declares that it shall be treason " when a man (loth compass or imagine the death of our lord the King" (within which designation a Queen Regnant is included), " or if any man levy war against our lord the King, within his realm, and thereof be proveably attainted of open deed by the people of their condi tion." The statute afterwards dec'ares it to be understood, that in the cases above rehearsed, that ought to be judged treason, which extends to our lord the King and his Majesty ; by the more recent statute of George 111., temporary only at first, but afterwards made perpetual, it is enacted, " That if any person shall, within the realm or without, compass, imagine, invent, devise, or intend death or de struction, or any bodily harm tending to death or de struction, maim or wounding, imprisonment or restraint of the person of the King, or to deprive or depose him from the style, honour, or kingly name of the imperial crown of this realm, or to levy war against his Majesty within this realm, in order by force or constraint to com pel him to change his measures or councils, or in order to put any force or constraint upon or to intimidate or overawe both Houses or either House of Parliament, and such compassings, imaginings, inventions, devices, or intentions, or any of them, shall express, utter, or de clare by publishing any printing or writing, or by any overt act or deed, every person convicted in the man ner therein declared, shall be deemed and adjudged to be a traitor." Gentlemen, it cannot have escaped your observation, that in the statute of Edward, the substantive offence of treason thereby declared, affecting the - life' of 'the King, and in the latet statute,' the subittthtiveofrenee'of the several treasons thereby - created,` ''Cansiitt the compassing, intending, deviOng, and iinaginink the per petration of the several acts therein specified not in the commission of the acts themsClves. But inasmuch as the wicked imaginations of men's hearts are known only to the Supreme Being until they are evidenced to man by outward acts ; so the former statute has re quired that, before any one should become subject to ' the penalties of treason, he shall be thereof prove ably allocated " of open deeds ;" and again, by the later statute, it is enacted, that before any one falls ' within its penalties, he shall express, utter, or de clare such his compassings, imaginations, and inten tions, by publishing some printing or writing, or by s)tne overt act or deed. These overt acts, therefore, so required by the statutes, are the means by which the particular treason has been attempted to be carried into effect ; they are the instances in which the guilty party has endeavoured to complete the treasoaable design ; they are the indicia, or proof, of the treason, not the treason itself. It is obvious, therefore, that these overt acts will be found to vary in each particular case. Where the object of the treason has not been actually perpetrated, combinations and conspiracies to carry it into effect ; meetings to propose, to plan, to mature, or to accelerate its completion ; the inciting and procuring others to join such combinations ; the knowingly ma king, procuring, or furnishing arms and ammunition, money, or other necessaries, to insurgents, for the pur pose of accomplishing their treasonable designs ; the administering illegal oaths to bind men to aid each other in such treasonable designs ; all .hese, and many others of the same stamp and character, might be sug• gested as instances of overt acts of the particular class of compassing or d ev i s i ng to w hi c h t h ey app l y w ithi n the meaning of both the statutes. And, gentle men, as the proof of some overt act or acts is absolutely necessary to support the charge of treason, whatever it may be ; so must the proof be confined to those specific overt acts which are charged in the indictment, and no other, in order to g i ve t h e party accuse d an o pportunity of knowing the real charge which is made against him, and to enable him the better to prepare for his defence, for the overt act is that to which the prisoner must apply his defence. And still further, with respect to those overt acts, it is to be observed that in favour of the party accused a statute was passed in the reign of King William 111. (7 and 8 William 111., c. 3.) which enacts that no person shall he indicted, or tried for high treason, whereby any co; ruption of blood ensues, but by, or upon the oath of two lawful witnesses, either or both of them to the same overt act, or one of them to one, and one of them to another overt act, of the same treason ; and various other advantages and privileges have been granted by the Legislature, from time to time, in favour of persons accused of high treason, and which does not belong to persons charged with other crimes and offences. Having thus endea voured to explain to you the nature and property of these overt acts, which must be alleged in the indict ment, and by what evidence they must ha supported, I proceed to call your attention to the different heads or classes of treason, which may be law in the indictment against the accused. It is not impossible that one charge of treason may be laid in the indictment, to be the com passing and imagining the death of our Lady the Queen, and various overt acts may be stated in support of it, and perhaps, amongst the rest, the levying war against the Queen in her realm, which has been held by many decided cases to be an overt act of that species of trea son, as well as a substantive treason in itself. But as ther e ca n be no reason to suppose that an y di rec t or imm e di a t e intention of injuring the sacred person of the Queen can by possibility be surmised to have existed on this occasion, it will he unnecessary, as it appears to me, t o occu py you with any observations on this head of treason. I will proceed, therefore, at once to the only branch of treason which can apply to the cir • cumstances of the present cases, that of levying war against the Queen in her realm, which, as before ob served, is a direct and substantial branch of treason un der the earlier statute ; and the bare compassing and in tending of which for purposes, and with the objects mentioned in the latter statute is made trea son b y that statute. A n d, in considerin g the limits and boun daries of this branch of treas on , we are not left with out lights to guid e our steps, so clearly has the law been laid down by decisions of courts of law , ancient times, and the exposition of those text writers on the subject, who have been held in the in . more g reatest veneration both by their contemporaries, andnbaymepsosotferiLty,radmoasetf whom I shall only refer to the Justice Hale and Sir Michael Foster. I shall o proceed, therefore, to call your more particular attention to some instances in which the law has been declared and settled upon this head of treason, the better to enable you to apply the evidence which you shall hear t o the several indictments; and for this purpose I cannot do better than avail myself of the very words of Sir Michael Foster upon the same subject (Dix on Treasons, ch. , 11). It has there been laid down by undoubted autho rity.tbat if a large number of persons assembled toge ther, whether armed with military weapons or nut, en deavour, by dint of numbers or superior strength, to effect any object or matter purely cs.f a private nature— as for example, to prosecute some private quarrel, or to take revenge for some private injury, to destroy some particular inclosure, or to remove some particular nui sance, or generally to accomplish some end, in which the particular parties assembled together had, or supposed they had, any private interest ; such acts of violence and aggression, however, the author of them may be punish able as for a high misdemeanor, do not amount to a levying of war within the statute of Edward 111. But every insurrection, which in judgment of law is in tended against the person of the King, whether to de throne or imprison him, or to oblige him to alter his measures or government, or to remove evil counsellors from about him, all such wrongs amount to a levying of war within the statute. So insurrections to throw down all inclosures, to alter the established law and change re ligion, to enhance the price of all labour, or to open all prisons —all risings in order to effect these innovations of a public and general concern, by an armed force, are, in construction of law, high treason, within the clause of levying war : for, though not levelled at the person of the Kiag, they are against his Revel Majesty, and, be sides, they have a direct tendency to dissolve the bonds of society, and to destroy all property and all Govern ment, too, by numbers, and an armed force. Insurrec tions, likewise, for redressing national grievances, or for the reformation of real or imaginary evils of a public na ture, and in which the insurgents have no special inte rest—risings to effect these ends by force of numbers are, by construction of law, within the clause of levying war, for they are levelled at the Ktig's crown and dignity ; and, accordingly, it was held in the time of Queen Anne that a large body of men tumultuously rising and assembled together for the avowed purpose of putting down all the meeting-houses of Protestant Dis senters, and proceeding to pulldown several, till prevented, by force, "brought the parties who were guilty of that act within the branch of the statute of levying war against the Queen ; and in a more recent case, where a riotous multitude, headed by Lord George Gordon, and acting in concert, with the declared design of pulling down or destroying an chapels belonging to those of the Roman Catholic persuasion, proceeded to put that design in force, there was no doubt but that the facts, if proved against the parties accused, amounted to the offence of high treason, by levying war against the King. Gentlemen, an assembly of men armed and arrayed in a warlike manner, with any treason able purpose, is a levying of war, although no blow be struck ; and the enlisting and drilling and marching bodies of men are sufficient overt acts of that treason, without coming to a battle or action. And if this be the case, the actual conflict between such a body-and the Queen's forces must, beyond all doubt amount to a levying of war against the Queen under the statute of Edward,and to the offence of compassing or devising to levy war within the statute of Geo. 111., pro vided the design, and object,and intention of the Fifties be such as is specified in that Act. And, as has already been adverted to, it is quite unnecessary to constitute the guilt of treason that the tumultuous multitude should appear to be accompanied with the pomp and pageantry , of war, or with military array. Insurrection and re bellion are more humble in their first infancy ; but all such external marks of force will not fail to be added with the first gleam of success. In case, therefore, any indictment for high treason should be founded on the levying of war, or the compassing or intending to levy war against the Queen, you will in the first place direct your attention to the evidence which shows the object and motive of the rising ; whether it was to effect some general and public end, in which the whole community are concerned equally with the insurgents— such as the introduction of any great change or inno vation in the government, or the laws of the land, by dint of numbers or violence ; or whether it was con fined to the effecting of any private, or local, or particular object ; and it will be convenient that you should in the next place advert to the overt acts alleged on the face of the indictment, and then determine for yourselves whether they, or any of them, are proved by two witnesses, in the manner before adverted to ; one of such overt acts being of necessity to be proved to have taken place in this county in order to give you jurisdiction. Gentlemen, it may be proper to inform you, that in the case of treason the law knows no dis tinction between principal and accessory. All who partake in the treason, incur the same guilt, and are liable to the same punishment. The treasonable design once established by the proper evidence, the man who instigated, incited, procured, or persuaded others to commit the act, though not present in person at the commission of it, is equally a traitor to all intents and purposes as the man by whose hand the act of treason is committed. He who leads the armed multitude towards the point of attack, and then retires before the blow is struck ; he who remains at home planning and directing the proceedings, but leaving the actual execution of such plans to more daring hands ; he who, after treason has been com mitted, knowingly harbours or conceals the traitor from the punishment due to him—all these are equally guilty in the eye of the law of the crime of high treason. Gen tlemen, I am not aware that any case will be brought before you where the charge will be that of misprison of. treason. If such, however, should be-the case, it will be unnecessary to say more upon that species of offence than that it presupposes a treason to have. beesestetually committed by others, and that the person charged with the offence, knowing both the traitors and, the treason, but without either himself consenting or being a party to the treason, has refused or neglected to make a full and fair disclosure of such his knowledge within conve. nient time, to a magistrate or some one in authority, it is sufficient to describe the offence without any further discussion. Gentlemen, it is very possible that bills of indictment may be brought before you, charging the acts of violence committed by some of the indi viduals who formed a part of the assembled mul titud?, as felony only, not as treason. For he who shoots, or attempts to shoot or wound another, is, as you well know, under certain circumstances, guilty of felony, notwithstanding the very same act, when corn sidered with a reference to other circumstances, may amount to the crime of high treason. Again, bills of indictment may be preferred against some who partici pated in the unlawful meeting, but to a less degree, charging thein only with the offence of riotously and seditiously assembling themselves together. But with respect to such charges, gentlemen, conversant as you arc in the laws relating to offences of that nature, I hold it to be unnecessary to offer a single observation. Gen tlemen, I fear I have already trespassed too long upon your attention, but the importance of the subject, which I have felt incumbent on me to discuss, in reference to the just performance of the duties on which you are about to enter and the rare recurrence (for which we cannot be too thankful), of any occasion which calls for such discussions, must plead my excuse. I cannot, however, conclude my observations without ex pressing the sincere regret and pity which I feel, not alone, I am sure, but in common with yourselves, and with all other men of sound principles, on the occasion of the recent disastrous occurrences ; I would add also my most earnest hope that it may be found in the re sult that the great majority of those who may have been involved in the guilt of these transactions, have been misled by the arts of wicked and designing men, and have thus sinned through ignorance and blindness rather than from premeditated guilt ; and I can sug gest no remedy which can be applied successfully to counteract a state of mind and feeling so un healthy and diseased, and infecting so large a portion of the community, except the diffusion amongst them of the benefits of religious instruction and of a sound religious education amongst the ris ing generation ; so that as the younger part of the community advance to manhood, they may feel the con viction of the wholesome truth that they are bound to yield obedience to the law of their country, not from the terror only which the law inspires, but from a much higher and more binding motive, the fear of the Almighty, and from the thorough belief that the powers which be are ordained of God. Gentlemen, in conclu sion, I entreat you, that in approaching this investiga tion, you will dismiss from your minds all which you may have heard upon the subject before you entered into this court ; and that in the performance of your important office, whilst you will rejoice when the weight of evidence is so light that you can, consistently with your duty,at once dismiss the party to his liberty arid his home ; you will at the same time, watch over yourselves with jea lousy, that you will weigh the evidence brought before you with a firm, steady, and uncompromising mind, looking to the performance of your duty, and to nothing beside, and utterly regardless of all consequences which may fol low from the performance of it. Gentlemen, my Learned Brethren and myself will be at hand whilst you are en gaged in the performance of your arduous labour, and ready at all times to lend you our assistance in case any doubt or difficulty as to the law should occur. It was very remarkable in the Court, that the portion of it which was allotted to the magistracy, the officers of the army, the gentry, and the professional persons was quite crowded, and that which was allotted to the poorer classes of the public did trot, I am sure, contain more than 150 persons. Up to the moment of dispatching the express, no bills have been found. It is expected that the bill against Frost will be found to-morrow. Yesterday evening, about five o'clock, Mr. Fare brother, land steward to the Marquis of Salisbury, left the Cross Keys Inn, St. John -street, Smithfield, on his return home to Hatfield, driving a handsome and fa vourite bay horse at a very steady pace, when he was met by a man having the appearance of a costermonger, riding in a small cart, driving furiously, and on the wrong side of the road. The shaft of the costcr monger's cart entered the chest of the horse, when the poor animal fell instantly, and died in the course of two hours afterwards. The man was taken into custody. THE CONVICT LEES.—The warrant for the execution of Lees, the murderer of his wife, was re ceived at Newgate yesterday. It i s or d ere d t o take place on Monday morning at the usual hour. The con vict, on being apprised of his fate, appeared as indiffe rent as possible. TILE SUN, LONDON. WEDNESDAY, DECEMBER 11, 1e39. PRIZE CATTLE SHOW. Yesterday being the day appointed for adjudging the prizes for the best cattle, sheep, &c., TILE JUDGES, Mr. Wm. Pratt, of Newfield, Warwickshire, Mr. Tribder, of \Vantage, Berkshire, add, Mr. Short, of Marking, near Bawtree, Yorkshire, proceeded, accompanied by Earl Spencer and a great number of noblemen and gentlemen, to examine the cattle at the new place of exhibition, the Horse Bazaar, Portman-square. After a careful examination of the stock, they awarded the following medals and premiums. Weight 141 b. to the stone. CLASS I. Oxen or Steers of any breed under 5 years of age, without restriction as to feeding, yet the kind or kinds of food must be certified. To the Right Hon. the Earl of Warwick, of Warwick Castle, the first premium of 20 sovereigns, for his 4 years and 11§ months' old Hereford Ox, bred by Mr. R. Hill, of Port nay Arlton, fed on grass, clover, hay, turnips, and cake. Travelled by waggon 17 miles, and railway 83 miles. That a silver medal be awarded to Mr. R. Hill, of Porteray Orton, as the breeder of the above ox. That the second premium of 15 sovereigns in Class 1., as above, be adjudged to Sir Charles Knightley, M.P., of Farnesley, Northamptonshire, for his 4 years and 7 months old Durham ox, bred by himself, and fed on Swedish turnips, carrots, barley meal, and cake. Travelled to the show, by van 4, and railway 72 miles. That the third premium of 5 sovereigns in Class 1., as above, be adjudged to Mr. H. Chamberlain, of Des ford, in the county of Leicester, for his 4 years and 9 months old Hereford steer, bred by himself, from a bull of Mr. Hemmings, of Kingsland ; and fed on grass, hay, and green vegetables, cake, and bean meal. Travelled, by van 8, and canal 150 miles. CLASS 11. For oxen or steers of any breed under six years of age, weight 90 stone and upwards, that shall not have had cake, corn, meal, seeds, grains, or distillers' wash during twelve months previous to the first of August, 1839. That the first premium of 30 sovereigns be adjudged to Mr. H. Chamberlain of Desford, in the County of Leicester, for his 4 year old and 9 months Hereford ox, bred by himself, from a bull of Mr. Hemmings, of Kingsland, near Leominster, Herefordshire, and fed on grass, hay, green vegetables, 1,0041 b. of cake, 2091 b. of bean meal, and 201 b of oats. Travelled by van 8, and canal 150 miles. That a silver medal, as the breeder of the above ox, be awarded to Mr. Chamberlain, of Desford, Leicester shire. That the second premium of 20 sovereigns, in Class 11., be adjudged to Earl Spencer, of Althorp, North amptonshire, for h's Lordship's four years and nine months' old Durham ox, bred by his Lordship, and fed on mangold-svurzel, turnips, carrots, bay, 1,3201b5. of cake, and eight bushels of bean meal. Travelled by van 10 and by railway 60 miles. That the third premium of 5 sovereigns in Class 11., be adjudged to Mr. Senior, of Broughton-house, Ayles bury, for his four years' old Hereford ox, bred by the late Mr. William Jellicoc, of Biterton, Salop, and fed on grass, hay, and 8001 b. of cake. Travelled by rail way 40 miles. CLASS 111. That the first premium of 15 sovereigns in Class 111., for oxen or steers of any breed under 5 years of age, under 90 stone and above 70 stone weight, that shall not have had cake, corn, meal, seeds, grains, or distillers' wash, during twelve months previous to the Ist of Au gust, 1839, be adjudged to Mr. W. F. Hobbs, of Marks Hall, near Coggeshall, Essex, for his 3 years and 6 months old Hereford ox, bred by himself, and fed upon mangold-wurzel, Swede turnips, hay, 1541b5. of cake. Travelled by van 46 miles. That a silver medal, as the breeder of the above ox, be awarded to Mr. Hobbs. That the second premium, in Class 111 , be ad judged to Mr. H. Chamberlain, of Desford, near Lei cester, for his three years and six months old Hereford ox, bred by himself from a bull of Mr. Hemmings, of Kingsland, and fed on grass, hay, green vegetables, 1,0041b5. of cake, 2091b5. of bean flour, 201bs. of oats. Travelled by ran 8, and by canal 150 miles. CLASS IV. That the premium of 10 sovereigns in Class IV. for oxen or steers of any breed, under 4/ years of age, and under 80 stone weight, without restriction as to feeding, be adjudged to Mr. W. Giblett, of Bond-street, for his 8 years and 8 months old Hereford ox, bred by Sir F. Lawley, and fed on cake, beans, pea and oat meal, tur nips, and mangold-wurzel. Travelled to the show one mile on foot. That a silver medal, as the breeder of the above ox, be awarded to Sir Francis Lawley, Bart. CLASS V. The awards in this class wera postponed until this day. CLASS VI. That the first premium in Class VI. of 20 sovereigns for fattened cows or heifers under five years of age, freemartin and speyed heifers not qualified, be adjudged to the Earl of Hardwick, of Wimple, near Arrington, for his Lordship's 4 years and 7 months old short horned heifer ; bred by the Earl of Hardwick, and fed on cake, bean meal, mangold-wurzel, and hay. Travelled vah 45. miles. .2 - !Mitt a•silver medal be awarded to the Earl of Hard wiele,-;is the' breeder of the above. Thitttille . second premium of 5 sovereigns in Class VI. be adjudged to Mr. Wratislaw, of Kingley, War wickshire, for his 4 years and 6 months old Durham heifer, bred by Mr. C. Nind, of Hades, Gloucestershire, and fed on clover, hay, cabbages, turnips, cake, and bean meal. Travelled on foot two milts, and eighty-four by railway. CLASS VII. That the first premium of twenty sovereigns in Class VII., for fattened cows of five years old and upwards, freemartin and speyed heifers not q ualified, be adjudged to Mr. T. S. Burgess, of Homepierrepoint, in Notting hamshire, for his ten years old long-horned cow, bred by the late Mr. Minion, of Stedford, near Tamworth, and fed on Turnips, cabbages, hay, and cake. Travelled to show by boat 130 miles. That a silver medal, as the breeder of the above cow, be awarded to the representatives of the late Mr. Minion. That the second premium of five sovereigns in Class VII., as above, be adjudged to Mr. Packington for his under ten years old sbort•horned cow, bred by himself, and fed on straw, turnips, bean meal, cake, carrots, and green food. Travelled by van and railway 140 miles. That the gold medal to the breeder of the best beast. in any of the above classes, be awarded to Mr. Hill, of Portnoy, Orlton, as the breeder of the Earl of Warwick's ox exhibited in Class 1. CLASS VIII. That the first premium of 10 sovereigns in Class VIII., for long-woolled fat wether sheep, 1 year old, that have never had cake, corn, meal, seeds, or pulse, be adjudged to the Most Honourable the Marquis of Exeter, for his Lordship's three 20 months' old Leices ter wethers, bred and fed by his Lordship at Burghley Park, near Stamford. That a silver medal, as breeder of the above, be awarded to the Marquis of Exeter. That the second premium of 5 sovereigns, in Class VIII., be adjudged to the Honourable Charles Ar. buthnot, of Woodford, near Thrapston, Northampton shire, for his three 20 months' old Leicester wethers ; bred and fed by himself. CLASS IX. That the premium of 10 sovereigns in Class IX., for long-woolled fit wether sheep, 1 year old, under 8 stone weight, that have never had calse, corn, meal, seeds, or pulse, be adjudged to Mr. H. Chamberlain, of Desford, for his three 20 months' old Leicester wetbers. That the silver medal, as the breeder of the above, be awarded to Mr. Chamberlain. CLASS X. That the first premium of 15 sovereigns in Class X. for long wnolled fat wether sheep, 1 year old, without restriction as to feeding, be adjudged to Mr. H. Cham berlain, of Desford, for his three 20 months' old Lei cester wethers, bred and fed by himself. That the silver med,d, as the breeder of the above sheep, he awarded to Mr. Chamberlain, of Desford. That the second premium of five sovereigns in Class X., as above, be adjudged to Mr. E. Chapman, of Oakley, near Bedford, for his three 20 months' old Leicester wethers, bred and fed by himself. That the gold medal to the breeder of the beet pen of long-woolled sheep, in Classes, VIII., IX., or X., be adjudged to Mr. H. Chamberlain, for his three 20 months' old Leicester wethers, which obtained the first prize in Class X. CLASS XI. That the first premium of 15 sovereigns in Class XI. for short woolled 1 year old wether sheep, without re striction as to feeding, be adjudged to Mr. Stephen Grantham, of Stoneham, near Lewes, for his three 20 months' old South Down wethers, fed and bred by himself. That the silver medal as the breeder of the above sheep be awarded to Mr. S. Grantham. That the second premium of five sovereigns in in Class XI. be adjudgel to his Grace the Duke of Richmond, for his Grace's three 20 months' old South Down wethers, bred and fed by his Grace. CLASS XII. That the premium of 10 sovereigns for short woolled fat wet h er s h ee p, 1 year old, under eight stone weight, without restrictions as to feeding, be adjudged to Mr. Jones Webb, of Babraham, near Cambridge, for his three 20 months' old South Down wethers, bred and fed by himself. That the silver medal, as the breeder of the above sheep be awarded to Mr. Jones Wedd. CLASS XIII. That the first premium in Class 13, for short woolled fat wether sheep, two years old, without restriction as to feeding, be adjudged to Mr. Grantham, of Stone ham, near Lewes, for his three thirty-two months' old South Down wethers. That the silver medal be awarded to Mr. Grantham, as the breeder of the above sheep. That the second premium of five sovereigns, in Class 13, be adjudged to Mr. Jones Webb, of Babraham, near Cambridge, for his three thirty-two months' old South Down wethers, bred aid fed by himself. That the gold medal to the breeder of the best pen of short-woolled sheep exhibited in the 11th, 12th, or 13th Classes, be adjudged to Mr. Grantham for his three thirtytwo months' old South Down wethers, which gained the first premium in Class 13. CLASS XIV. That the first premium of ten sovereigns in Class XIV., for pigs of any breed above 4 months and under 9 months old, be adjudged to the Right Hon. the Earl of Harborough, for his Lordship's 23 weeks and 4 days old Neapolitan and Chinese pigs, fed and bred by his Lordship on wheat, barley meal, and skimmed milk. The Silver medal was awarded to his Lordship as the breeder of the above. The second premium in Class XIV. was awarded to Mr. Crowther, of Isleworth, for his three 18 months' old improved Middlesex pigs. The Officers of the Club are—The Right Honourable Earl Spencer, President ; Vice-Presidents, his Grace the. Duke of Richmond, the Right Hon. Earl Scarbo rough, the Right Hon. Lord Western, the Right Hon. Lord Strathaven, Sir John Saunders Sebright, Bart., and John M. Cripps, Esq. Stewards—Mr. E. W. Willmott, Mr. E. Franklin, and Mr. R. Worthington. Bankers—Messrs. Hoare, Fleet street. Honorary Secretary—Mr. Humphrey Gibbs, at Messrs. Thomas Gibbs and Co.'s seedsmen, &c., corner of Half-moon-strect, Piccadilly. This morning the public exhibition commenced, and as soon as the gates were opened an immense number of visitors entered. The accomodations for the com pany are so excellent, that the whole of the splendid ex• hibitions of cattle, and agricultural implements, can be viewed without the slightest interruption. The stock of cattle consisting of oxen, sheep, and pigs, belonging to Earl Spencer, are considered among the finest ever produced, and the next in degree are those belonging to the Marquis of Exeter. In the afternoon after three o'clock, the exhibition was brilliantly lighted up with gas. The removal of the show from Smithfield is highly ap proved of by all persons connected with the concern. SARTORIUS , v. PINKTJS. TO THE EDITOR OF THE SUN. Old Slaughter's Hotel, Dec. 9. SlR,—Your report of this trial contains unintentional mis-statements which convey to the public an erro neous view of the present result of this speculative action, and I trust that you will deem it to be only an act of justice to accord to me an opportunity of cor recting, in your widely circulated paper, the errors of that report, and to reply briefly to the false and gratuitous assertion, unsupportedby a tittle of evidence, of the alleged kind treatment of Captain Sartorius to me, and alleged ungrateful return on my part. The action was brought, not for 2001. as stated in your report, but for an alleged loan of 3001., and for an alleged 601. paid. The verdict is but for 2001, and conditional only, and subject to revision on the receipt of a commission which was sent to America to examine a principal wit ness for defendant consequent on an order of Lord Den man, made belbre trial, to the effect that the commission should be returnable in all January next, and upon its receipt should be referred to a barrister, to be named by Lord Denman, to determine by the evidence how the verdict shall be entered. It will, therefore, be perceived that at present this is not a cause already decided by the verdict of ajury, as your report indicates, and that plaintiff has already failed in his action on two of the items, amounting to 1601., and the remaining 2001. to depend on the effect of the evidence yet to be adduced, even if no other proceeding were in contemplation. In respect to the alleged ingratitude, the merits will appear by coupling this most improper and vexatious action with the characteristic proceedings of the plaintiff and his agent and witness Hosking, as exemplified in a lengthened account of a report which appears in your paper of the 20th February, 1838, made to the Shareholders of the Pneumatic Railway Association by a Committee appointed by the Directors for that pur pose, and adopted at a public meeting, which cast severe but merited censure upon those men, and the simple fact, that I had assigned to Capt. Sartorius, not only an agreed consideration of one-sixteenth of a foreign patent of great value (for a promised loan on security, but which I have no knowledge of ever having had the benefit), and had also made to him a gratuity of a similar assignment in another patent, and added to that one hundred and fifty paid shares in the above Associa tion, of the nominal value of eighteen hundred and seventy-five pounds, ail of which he now retains. But after acceptin g these benefits with thanks he requited me with treachery, and violated, with Hosking and others, contracts solemnly entered into, and deprived me of 4,0001. secured to me therein, for which and other breaches an action is now pending in the Common Pleas. To whom, therefore, does thecharge of ingrati tude and unfairness apply ! ! ! I am, Sir, respectfully, Your obedient servant, H. PINKUS. CURIOUS TRIAL-BREACH OF PROMISE OF MARRIAGE IN PARIS. (From the Gazelle des Tribunaux of Sunday.) A handsome, young m4o, the, happy propri e t or o f a a beard a Ia jeune France, a magnificent pair of moustachios, long flowing locks, &e., with a wasp-like waist, startling waistcoat, and exaggerated shirt, was brought before the tribunal on Saturday, for having done a confiding Anglaise out of 33,000 francs (1,3201.) Miss Samler, the plaintiff, a young lady who had doubly a right to be mistress of her own actions, inas much as she had attained her 42d year, stated, with a most uninitiated English accent, that she had for some time been engaged to Giacosa (the defendant), who had always professed for her the most violent attachment— that she had lent him 13,000 francs to pay some " vile creatures" called tailors, &c. ; and that she had ad vanced him an additional sum of 20,0001. to purchase necessaries for a tour in Italy, where they were to pass the honeymoon. Shortly after this the prisoner suc ceeded in obtaining from Messrs. Laffitte 10,000 francs which Miss Samler had placed in their hands, and hav ing thus completely ruined his victim, the whiskered Lo thario sat down and wrote the following cold-blooded epistle to his inamorata : " Inclosed is a bill for 500 francs (201.), which is all that remains of the presents which you have made me. I hope that you will employ it in returning to your family, and I entreat you no longer to lead the sort of life which you have lately been so much addicted to. I do not choose to make public all I know of you ; but if ever you attempt to persecute me with your ridiculous pretensions, I will make your name a byword for con tempt, and will insert all your letters in the public papers, and thus expose your depraved and blameable conduct. Let this serve as a warning for you to make no more street acquaintances. " I recommend you to follow my example, and leave Paris as soon as possible, otherwise your ridiculous pro fligacy Kill be made public. You will never see me again. Adieu. " FERNANDO." A German lad!, under the travelling name of Ba roness Lammetz, gave evidence which she intended to be in favour of Giacosa, but had the contrary effect. She acknowledged that she had already been duped out of 50,000 francs by the prisoner, and that she had latterly been his accomplice in endeavouring to extort money from Miss Samler. Several tradespeople then came forward, and declared that they had been swindled out of their goods by Giacosa. The prisoner declared that he had for some time past cohabited with Miss Samler, who was desperately in love with him ; that for her sake he had abandoned several ladies of high rank and large fortune, and that he cer tainly would have married her bad he not obtained in formation of her previously immoral life, &c. &c. The counsel for Miss Samler protested that his client bad always borne a most irreproachable character, and that the defence of Giacosa was adding cowardice to infamy. After some further evidence, all of which tended to expose the foolish credulity of the Anglaise, and the atrocious villainy of the whiskered swindler, the Court passed the following sentence : " Whereas Giacosa has swindled several tradespeople out of their property under false pretences. " Whereas he has employed fraudulent mancouvres to swindle Miss Semler out of a large sum of money. " He is condemned to fifteen months' imprisonment, and a fine of 100 francs (4/.)" With regard to the civil portion of the requisition : " Whereas Miss Samler has reduced her demands to 20,000 francs (8001.) Giacosa is also condemned to refund that sum. " Imprisonment not to exceed three years in the event of non-payment of the fine." THE PRESS AND THE PEERAGE.—Among the new French Peerage creations are those of three editors of newspapers :—M. Bertin, editor of the Jour nal des Debats ; M. Keratay, editor of the Courrier Francais ; and M. Etienne, of the Constitutionnel. SOUTHWARK ELECTION. —There was another meeting last night of the electors interested in the return to Parliament of Mr. Walter, when it was ar ranged that that gentleman should be relieved from the fatigue of canvassing. It was deemed quite sufficient that Mr. Walter (who was present), should attend meetings of the electors convened in different districts. It is reported that Mr. Curling , R eformer, will be a candidate for this borough. A CORONER'S INQUEST. — A n inquiry was held at the London Hospital, concerning the death of Sarah Bradford, before eased Baker, a t e l even o ' c l o ck this morning. The de was seven years old, and lived at No. 7, Dock-street, Commercial-road. Having been l e f t w ith a youn ger c hi ld, in a bed room w h ere there was a fire, her clothes took fire, and she was so severely burnt as to cause her death in a few hours afterwards. The Coroner having strongly reprimanded the deceased's parents for negligence in allowing her to be alone where a fire was burning, a verdict of acci dental death was returned. THE WAR IN FRENCH AFRICA. The 711oniteur Pari.sien of Sunday night and the illoniteur of Monday publish the following despatch from Marshal Valee, Governor-General of Algeria, to the Minister of War, dated Algiers, November 30, and brought to Toulon by the Vantour steamer on the night of the 4th instant : Sir—The situation of Algeria has not experienced any important change since the departure of the last courier. On both sides preparations for war are making. Ahd-el-Bader is calling the tribes around him, in whom, however, he does not appear to find any great sympathy. On my part, I am taking every measure rendered necessary by the new position in which the colony is placed. There has been no con flict within the last week. Only a few marauders have appeared in the east, and set fire to some stacks of forage, and some huts left abandoned in that part of the plain which is no longer inha bited. I have, as I informed your Excellency, I would, enjoined the French and native population to retire for protectio n within the fortified points. Some farms, ascertained to be capable of being rendered de fensible, are still occupied by colonists, whom I have armed and provisioned. The events in preparation have induced me to make a general concentration around the principal centres of action. Several of the posts, estab lished merely for the purpose of watching the motions of the robbers, became unimportant as soon as we found that we were actually at war. Some of these posts, indeed, would have been untenable during the winter even if peace had not been disturbed. Their being in the middle of marshes covered with water rendered a dwelling upon them dangerous, and the supplying of them with provisions impossible, No act of hostility has yet been commenced in the province of Oran. In the province of Constantina Achmet has endeavoured to make a general rising of the tribes in the environs of Guelma. The following is the report sent me on this subject by General Galbois The ex- Bey Achmet has made an attempt to excite some tribes in his neighbourhood by holding out to them the bait of plunder, at the same time giving them to under stand that I was absent, and there were no troops left in this province. He advanced as far as Merdjor Kahcl, where I encamped last year, and has directed a levy upon the Achaches, dependents of the circle of Guclmas and carried off many of their cattle. The Achaches, however, being joined by their neighbours ran to arms, and pursued the horsemen of Achmet. They killed seven of them, but, at the same time, lost a portion of their cattle. At this time Achmet is threatening the Oulad Zenatis and the Amners Cha raguas, who have applied to me for succour. They have retired near the camp of Sidi Tamtam, where to morrow I shall send a squadron of Chasseurs to protect them.' The province of Constantina is perfectly undis turbed, as is proved by the following extract from Gen. Galbois'd es p a t c h :—' I am persuadd you will see with satisfaction the high prices to which the rural properties in the Beylick in the environs of Constantina have risen. The lettings of land, which took place yesterday, were as great as the first. This shows the confidence of the natives in the French Government. All is quiet at Djigelli, and they have begun to till the land up to the walls of the town. Great damage has been done by the rains in the subdivision of Bona, and the num ber of sick increases. At the same time the barracks are good, and an hospital has been erected with great care for the reception of the sick, who have every as sistance their cases require.' The hurricane, which was experienced in the Mediterranean at the middle of this month, and caused such deplorable losses on the coast of France, also occasioned some equally disastrous ac cidents on those of Africa. Several vessels conveying mules for the Government have been wrecked at diffe rent points. The following are extracts of reports from Bona and Phil:ippeville " BONA, Noy. 24.—1 have the honour to inform you that a hired vessel, comin g from Algi ers w i t h an officer and 19 men of the 3d Chasseurs, and about 20 officers' horses, was driven on shore by the gale in the night of the 20th inst., near Mafray. The Captain of the ship was drowned. An Austrian vessel has been lost on the Seybouse. A transport, with horses and mules belong ing to the waggon-train coming from Algiers, has taken refuge at Fort Genois, after having lost two mules, and thrown overboard all the forage and barley. " PHILIPPEVILLE, Nov. 21.—At three in the after noon of yesterday there arrived in our roadstead the hired brigs Favori and Bien Aime, with troops, mili tary stores, horses, and mules. The wind suddenly rose, prevented their coming into Stora, and compelled them to cast anchor, where it overtook them. During the night the Favori broke from her anchors, and was dashed against the shore at the foot of Fort de France. The horses which were not confined made their way to the land through a large breach in the ship's side. The passengers and crew were able to jump ashore. Not a person perished, and 21 out of 37 horses were saved. At nine the next morning the Bien Aime experienced the same fate opposite Alcantara. All the passengers and crew were saved ; 25 mules were drowned and 11 saved. On the 22d I was advised of a third wreck beyond Skrickda, and that a detachment of French were traversing the plain, seeking a passage across the Ouad Sefsaf. They were the crew of the Esperance, which had been cast ashore at Cape de Fer. Forty-four mules were drowned in the hold. The crew and passengers reached the shore with their arms, and without losing a single man. Some of she natives made up to ~ them, but were deterred from anything like hostility by the sight of their arms, and one of the Arabs undertook to guide them to Stora. In the evening, not being able to reach Philippeville on account of the river, the guide con ducted them to the abode of Bassein Bou Haffia, Shiek of the tribe of the Mouzala. The old man granted them hospitality, fed them with milk and cakes, and sent to acquaint me with what had happened. The platform of our landing-place has been entirely carried away. The roofs of our barracks are much damaged, the block-houses blown out of their perpendicular, the parapets levelled, three unfinished houses destroyed, six others much injured, and a quantity of merchandise spoiled. None of our soldiers have perished, and I have give given orders for the reparation of the other disasters. The Government ships which were out at sea have also sustained considerable damage. The steamer Acheron lost her foremast in the storm. The brig Palinure, moored off Fort Genois, broke from her chains, and narrowly escaped ftom being driven on shore. Accept, &c. " Marechal Comte VA LEE." The Ilionitcur Algcricn publishes an order of the day from Marshal Valce to the army in Africa, con taining the following letter from his Majes'y : " At the Tuileries, 19th November, 1839. " My dear Marshal—After having had the happi ness two years ago of seeing my son, the Duke de Ne mours, take part, under your command, in the glorious exploits of the taking of Constantina, it is highly pleas ing to me to have a fresh occasion of congratulating myself, together with you, on the share which my son, the Prince Royal, has just had in the brilliant enter prise which you have so well conceived and so bril liantly executed. It is always with lively satisfaction that I see my sons in the ranks of our brave soldiers, identifying themselves with them by partaking their fatigues, their sufferings, and their dangers, and lam the interpreter of the voice of the nation in testifying to you, and in charging you to testify to our brave army of Africa, the grati tude of France, and that of my own heart towards it. You have long known the lively interest I take in Algeria. lam rejoiced at seeing it acquire, under your direction, by the valour and devotedness of our troops, that security which is so necessary to the prosperity of of which it is susceptible. and which is constantly the abject of my efforts.—Receive, my dear Marshal, the assurance of all the sentiments which I shall ever enter tain towards you. Your affectionate, " LOUIS PHILIPPE." After giving this letter, Marshal Valee says that France will not hesitate to avenge the insult just offered to her flag, and that all Algeria will find in the King's words the certitude that prompt and energetic measures will put an end to the struggle which the army of Africa has sustained for nine years, and which it will have the honour of terminating by glorious combats and useful labours. The Moniteur Algericn states that out of the 12,000 f. left by the Duke of Orleans for the poor of Algiers, 5,000 f. have been given to Christians, 1,500 f. to Jews, and 2,500 f. to Mussulmans. (Private Correspondence.) " ALGIERS, Nov. 30.—The rains continued till the 25th with such violence that the Arabs were driven from the plain and retired to the foot of the Atlas, near Bouffarick. This necessarily caused a suspension of hostilities for several days, but as the weather became fine again the enemy made a move towards the camp of Foudouk, which has, however, received reinforcements. The only cava l ry we now have, properly so called, is the 2d African chasseurs, which is on the plain where the enemy has upwards of 6,000 horse. Consequently we are not prepared to make any attack, and the Marshal keeps on the d e fensive till the arrival of further reinforce ments. A blockhouse ocoupied by some of our Arab allies has been burnt, and the small garrison gone over to the enemy. This will be the case with all our new made friends if they find Abd-el - Kader gaining ground. It appears that the Arabs in the province of Oran have not made any movement. Several Arabs of distinc tion in Algiers have been arrested. The Casbah and ' all the forts of the environs , including the small one of the Figuier, have been armed. The guns are all le velled, and the artillerymen constantly on duty with lighted matches." According to the correspondence of the National, foyers continue to make great ravages among the troops at Bona, and the 2d and 17th Light Infantry, with t h e 234 and 48th of the line, are said to have only a small part of their men in a state for duty. AN OLD WARRlOR.—Sergeant James Gray, the last of the Hamiltonians, who served in the Duke of Hamilton's regivent during the American war, died suddenly at Hamilton on Wednesday last, much re gretted by a large circle of acquaintances.—Scotch Reformers' Gazette. EVENING EDITION.m-k SPIRIT of the PUBLIC JOURNALS. FROM THE EVENING FAPERS OF YESTERDAY. (From the Globe.) We strongly recommend to the most active mem bers of the Church militant, or, as the Time: cans them, the " wine- warme d" individuals of their party, s he use of a very ingenious instrument which is said lately to have been invented in the United States. This is a " fuddleometer," by which they can ascertain to the greatest nicety the precise degree of intoxication under which they are labouring. At present, while they are unassisted by any such guide, it is natural that they should frequently be overtaken. By the time that the parson gets on his legs a great deal of execution has been already done. Her Majesty has been toasted in solemn silence—the Queen Dowager with rapturous ap plause. The Ministers have been hooted, groaned at, and plentifully blackguarded, and the prophesied advent of the Hanoverian liberator has diffused a generous glow over every heart. Now the Church is drunk, and the band strikes up the appropriate air, " With their jolly full bottles." Is there any wonder, then, that the dignitary who represents the Church on the occasion should also be drunk, and that all the parsons pre sent, taking in the inspiration of the music, should vie with each other in flooring the jolly full 'bottles; We admit this is all very natural—but, alas, when the parson gets drunk he talks just as nastily as the layman in a similar predicament, and there is no stopping him. Now only see how invaluable the fuddleometer would be to him. Let him set it to the Queen -point, because of course there is no objection to bis getting drunk enough to abuse the Ministers, the Pope, Dissenters, Whigs, and Radicals ; but the mo ment he gots Queen-drunk, the instrument will give him a kick in the paunch which will render him straightway speechless. Might we recommend the fud dleometer also to the writers in the Times Y We don't mean, of course, to insinuate that they are drunk in the ordinary se n s e o f the word when they write their articles —but the well known earnestness of their political feelings expresses itself pretty much in the same language as does the wine in the mouths of their fellow-labourers of the Church. We have often thought of collecting at the end of every week the choice phrases employed during that period by the Tory writers and speakers, and re• producing them under the head of " fashionable lan guage." First we would give those which have been ap plied to her Majesty, and which are apparently some what more circumspect, but in reality contain the most insolent and base insinuations. The epithets which are applied to the Ministers, the Liberal press, and the whole Liberal party, we would then give alphabetically, as the Post does the fashionables who attend Conser vative parties. (From the Courier.) The price of corn is no more proportionately higher on a " deficiency of produce" in any case, than the prices of calicoes or cotton, from a short crop of the one, or short-time manufacturing of the other. The farmer has no advantage whatever in this respect over the power-loom cloth maker, or the cotton grower, but the reverse, under the operation of the present Corn-laws, for with a deficient harvest of one-third, and a rise of prices consequent, the duty im mediately falls, foreign imports are poured in, and prices are thus kept down below the rate of remuneration to which in equal compensation in simi lar cases, deficient stocks or production to the ex tent, would give a just claim to indemnification of prices in full. Herein consists the peculiar hardship of the ascending and descending, scale of duty upon the farmer exclusively, which can only be palliated, for justified it cannot be, on the overwhelming plea of the public good. But the farmer is not the less sacrificed for the exclusive benefit of all other classes of the community the manufac turing classes above all. He at all events can have no interest in wishing that the " bounties of heaven (how devout are these Liberals as recorded of the first Whig, said by Doctor Johnson to be their ancestor) may be dispensed with a sparing rather than an abundant hand." It may readily be compre hended, indeed, that a rich manufacturer, with his unlimited resources, might be tempted to console himself like the Pharisee of old, that he is not one of those poorer spinners or manufacturers, big neighbours and competitors, who, in bad seasons, And deficient both in credit and capital, are compelled to shut up their factories and loom shops, and leave the markets of the world free to himself and his mightier steam power of money and machinery ; or he might view with no particular despondency the destruction by fire of a dozen large manufactories in his vicinity, or two or three hundred thousand bales of cotton, by which production would be kept down and stocks diminished, whilst his own cellars were amply provided with the one, and his own mills rapidly filling up, at higher prices, the vacuum of the other. But the farmer has no consolation of the kind to fall back upon. He must pray for a fair crop and an average harvest in his own defence, and as the sole condition upon which the present Corn-laws can really prove a protection, and serve, instead of damaging his interests. (From the Standard.) The special commission for the trial of the South Wales insurgents is opened to-day. How much of anxiety and pain to multitudes is involved in this visitation of justice! Some of the afflicted are no doubt guilty ; but it is much more certain that the majority, the wives, the children, the parents, aid near kindred of the accused are innocent. Is, then, the law to stay its hand ? Alas ! the condition of society will not permit that the criminal shall escape through our compassion for his nnoffending connec tions. The utmost that we hope is. that justice shall be administered in mercy ; and of this we have full • assurance in British Judges and British Juries. Al though, however, we must not expect, or even wish to arrest the course of justice, those • awful words, so heavily fraught with misery to multi tudes of our guilty and of our innocent fellow-crea tures, the name of " a special commission" cannot fall idly upon our ears if we are Christians. We cannot, as Christians, hear the sounds so ominous of intense agony to some, without asking ourselves, are we in - . ded ourselves guiltless of the tears, perhaps the blood, of our brethren ? Has the State collectively—have we.. individually—done our duty by those whose crimes the State is now preparing to punish, while we look on as free from any share in the crimes punished ? This is a grave subject of reflection, by far too grave to allow of any admixture of party or political considerations. THE QUEEN AND TIER HUSBAND.—Ac• cording to law and Blackstone, the husband of a Queen regnant is her subject, and may be guilty of. high treason. If he fill any public office, or be a . Peer of Parliament, or on any account take the oath of allegiance, he vows fidelity and obedience. If, however, the usual ceremony be performed on the marriage of the Queen, her Majesty at the altar will vow to love, honour, and obey her hus band. Between his vows, therefore, and her vows, there will be a conflicting duty. Which are to be conside*xl the most binding—those imposed by the law, of those imposed by the Church ? It will not be creditable to the country, and certainly not to the Church, to allow any such conflicting vows to be made. The whole tenor of the law will not sanction any plan to release the husband from his duty as a subject ; it will only be decent, therefore, that her Majesty should not pledge herself at the altar to the duties of a wife in the same language as other ladies. We respectfully suggest to the Archbishop of Canterbury, the Bishops, and all the Clergy, that they ought to look to this in time, and frame a marriage ceremony and marriage vows appropriate and suitable to her Majesty's condition. We have elsewhere given a brief report of the proceedings at the county meeting, held yesterday. It will be seen that the proposal of a rural police is about to be carried into effect, and that the county are giving their support to Mr. Wallace's reasonable proposal that the salaries of Sheriffs-substitute should be consi derably increased. The Popery-phobia received a well-merited check. Some worthy Tories in the county of Berwick, acting on the spirit recommended by the leading Tory journals, got a series of resolutions passed and sent to the various counties, denouncing Popery—expressing regret at its progreks—and de deprecating the appointmen t of Romar.: Catholic s to offices in the State. Such resolutions, we imagined, would have met with but too cordial a reception from a majority of the country gentlemen of Aberdeenshire ; but we were agreeably disappointed to find that they did not. Sir R. D. Horne Elphinstone, and our High Church friend, Mr. Gordon of Craig, condemned them. Even Sir William Seton laid aside for once his intole rance ; and the meeting unanimously agreed to take no further notice of the resolutions, than simply to ac knowledge their receipt. We hope this will be a les son to the Orange ascendancy men. Even Tory Aber deenshire repudiates their measures.—Aberdeen Herald. The General Steam Navigation Company's steam ship, John Bull, Captain J. P. Corbin, arrived off the the Tower, from Hamburg, yesterday, after a favourable passage. COAST GUARD.—We hare seen a copy of the Admiralty Regulations with respect to the appoint ments of Mates of the Royal Navy to :he situation of Chief Officers of the Coast Guard, and the following is an extract :—" All Mates of i years' actual service, either in the Royal Navy or Revenue Service, will be eligible to be Chief Officers of the Coast-Guard, pro vided they have been employed within three years. Their promotion will be on precisely the same footing as other officers now employed in the Coast-Guard Ser vice. They will be allowed to return to the Naval Service with the sanction of the Lords Commissioners of the Admiralty, provided they be found in all respects fit and desirable for active duty. Such Mates are to be classed with the Mates of Revenue Cruizers in the an nual recommendation for promotion."—Naval and 41i litary Gazette. 1