The Sun. — London, England, 1844-10-01 00:00:00

NAVAL INTELLIGENCE. PonTsatouTn, SEPT. 29.—The Flying Fish, 12, bent sails on Friday; the squadron to which she belongs is far from ready for sea, and is still short-handed. The Pembroke, 72, advanced ship, was removed on Friday from the dockyard to her moorings u p the har bour. She has not got her bowsprit in, butis otherwise ;toady for commission. The Firebrand steam frigate, Captain Corry, having had her copper cleaned, was undocked on Friday, and hauled alongside the Dockyard jetty to ship her guns, &c. The Scourge, 6, steam sloop, is very rapidly progress ing. The shipwrights are working task work to expe dite her launching. The new experimental brigs are each to enter five more able seamen than their originally contemplated complement (110); these however, we believe, will be in lieu of 10 boys in each brig, who will be returned to the Victory. There are no visible preparations going on either in the town or harbour for the reception of the King of the French and squadron. A new steamer, on the plan of Sir W. Symonds, Sur. veyor of the Navy (who, by the nay, is currently re • ported here to have resigned his office), is ordered for construction for the Indian Government, in lieu of the Memnon, which was lost near Aden last year. The fol lowing we believe to be her dimensions : Feet. Inches. 200 0 36 0 21 6 Length Breadth Depth _ Tonnage.-- . Mr. Richard Blake, the Master Shipwright of this Dockyard, has, we are informed, petitioned the Board of Admiralty for his retirement, his health becoming tco much impaired to admit of his longer performing his onerous duties. In Hurbour—The Excellent (flag-ship pro tem.), Victory, Firebrand, Daring, Osprey, Flying Fish, Nan tilu3, Pantaloon, and Echo; Dwarf and Comet steamers. In Dock—The . Prince Regent, Vindictive, Athol, Rodney, and Scourge steam sloop, building. At,Spithead—The Cruiser, Mutine, and Espiegle. DEVONPORT, SEPT. 27.—The Styx, steam surveying vessel, Captain Vidal, arrived on Saturday from Ports mouth, en route to the Azores. Thu . St. George, 120, is alongside the jetty, shipping her tanks, chain cable, &c. The Vanguard, 80, has got her masts and bowsprit in, and shipped her tanks, chain cable, and other stores, and is now ready for commission, as also is the Superb, 80. The Flora, 36, recently launched, was undocked this day, having finished coppering, and gave place to the Bombay, 84, to have her copper cleaned and examined. The Stirling Castle, convict-ship, hauled off from the dock-yard jetty on Wednesday, is ready to leave for Portsmouth, with her establishment. _ The Raven, cutter, Lieutenant-Commander J. Stephen, arrived from Chatham on Saturday, with the men who navigated the Juno, 36, from Pembroke to that port, and retu. ned the same day with supernumeraries for the experimental brigs at the Nore. The Rochester arrived on Sunday from Chatham, with stores for the dockyard. The ilamoaze arrived on Tuesday from Liverpool, with volunteer seamen. In Harbour—The San Josef, and Confiance steamer. In Dosk—Bombay. In Barnpool—The Rhadamanthus steam-vessel. In the Sound—St. Vincent. PROMOTIONS. Commanders—Owen Stanley (1839), T. R. Edtn (1836), to the rank of Captains. Lieutenant—R. A. Oliver, to the rank of Commander. Clerk—E. Waller, to be Paymaster and Purser. APPOINTMENTS. Captains—R. Arthur, C. 8., to the Ocean, and super-. intenience of Sheerness docliyard; G. Mowbray, to the Victory, with charge of the Portsmouth Ordinary, vice. Arthur, to Sheerness, vice Hendersan, period of service about to expire. Lieutenants—B. APLeod Cockraft (acting) to the Alert ; R. Fowke, to the Poictiers ; C. Barker, to the Firebrand ; G. Sprigg, to the Espiegle ; L. de T. Pre vost, to the Pantaloon • W. K. Hall, to the Waterwitch, vice Prevost,' Who exchanges ; S. Motrish, to be flag of Rear.:Atlmiral Sir S. Pym, vice Polbury, promoted ; F. H. Stanfell, to the Osprey, vice V. Baker. Paymaster and Purser—W. C. Hillier, to the Ocean; W. Weaver, to the Waterwitch. Mates—E. Matu4sell, T. Brandretb, and F. Gough, to the Excellent ; A. M'Naughten, to the Waterwitch. Midshipmen—C. Melmoth, to the Pantaloon ; C. Dickson, to the Firebrand. EXCURSION TRIP TO THE NORE IN A NEW IRON STEAMER. On Friday morning Messrs. Ditchburn and Mare, the constrictors of a new iron steam-vessel, whose qualities have been highly spoken of during the past week, with a party of friends, composed chiefly of scientific men. pro ceeded from Blackwell for a trial trip in her to the Nure. She slipped her moorings, and was fairly off at 43 minutes past ten o'clock, and proceeded at a rapid rate to Grew-s -end, passing the Railway, the Duchess of Kent, and other beats, which had preceded her in departure, and arriving off the Terrace-pier at 10 minutes past 12. Just on leav ing Gravesend, the splendid boat the Prince of Wales was also on the start seaward, when the new iron vessel slowed her engines until the Prince of Wales came up to her, on which a trial of speed took place with advantage to the new vessel of fully a mile an hour. The new vessel arrived at the Nore Light at forty-four minutes past one, at which time the Prince of Wales, then at a con siderable distance, and drawing less water, was making her way over the shallows. The new steamer, in going about, plainly exhibited an intention of taking a course round the other, but the latter worked hard, a little vary ing her course, to prevent the former from cutting in between her and the land ; but the new steam-vessel persevered, and finally accomplished her object, the Prince of Wales returning to her right course when she perceived the other determined to proceed : it must he observed, however, that the Prince of Wales had a number of passengers on board, and was in ordinary trim, whereas the new vessel was prepared expressly for the experiment. The voyage back was as pleasant as the trip down. An excellent cold collation was served to about thirty gentlemen who were on board. Capt. Routh proposed the healths of the builders, Messrs. Ditchburn and Mare, and the constructors of the engines, Messrs. Seaward and Cape!, which were drunk in bumpers, and duly ac knowledged by Messrs. Capel and Ditchburn, the latter remarking how glad he was to see his friends on board, and expressing his great gratification that so many emi nent men had availed themselves of the opportunity to witness the qualities of the vessel. The healths of the Directors of the South-Western Steam Company were subsequently drunk. On leaving Gravesend for Blackwell, the Meteor, con sidered one of the fastest steamers on the river, was fallen in with, and the new steamer commenced a trial of speed. The Meteor was at first outside in the middle of the stream, and the new vessel gradually stole past her. The Meteor now crossed her stern, and proceeded inside, getting the assistance of the eddies, whilst her opponent was stemming the tide. This gave the Meteor the lead ones more ; but as she drew out, her rival headed her again, and so: kept her position until their arrival at Greenhithe, where the Meteor stopped, and the new steamer laid to for her to finish the race. Some damage, however, to the machinery—the slipping out of some bedding, which ought to have been properly screwed tight—caused a delay of above an hour, and the new steamer returned afterwards to Blackwell without any other trials. At , the top of her speed—it was proved by the measured mile on the banks of the Thames—she went at the rate of 14 miles ter hour against the tide. The new boat is built for the South-Western Steam packet Company, to run between Southampton and Havre, and is of the following dimensions:— Feet. Inches. 160 0 22 0 12 9 6 0 Length Breadth Depth Of hold Draught of water She is bt-autiftilly modelled, and is substantially built. She huts n gocd spacious saloon, and the sleeping berths are very well and economically laid out. Iler fittimo are remarl,:ably neat and tasteful. She will be altop,ther a supe,dor vensel in every respect fbr the station on w hi c h s he is to be employed, end is a sp:eimeit of an im proved class which will doubtless be henceforth con structed. The engines, the production of Messrs. Seaward and Cape], or the Canal Ironworks, Litnehonse ' are Sf a novel kind, being formed of thre e open-topped cylinders, which are partly worked by the pressure of the atmu sphere, and hich means it is said avery great saving of weight and space is effected—to the extent of about one-half over the old plan of engines. By some other improvements in the engines, a great saving of fuel is obtained. One of the river boats, the Sapphire, has .engines on the same principle. These are advantages of paramount importance. The power of the engines is said to be equal to a pair of 65 horse-power of the ordi nary kind, termed beam engines ; but her actual power, perhaps, does not come much below 140. DF.trir OF TUE DCKE OF GRAFTON—We regret to state that we on Sum.lay received intelligence of the death of his Grace the Duke of Grafton, which melan choly event took p?ttce on the evening of the 28th, at his Grace's sta*, Euz; ton-hall, Suffolk. The Noble Duke was in his eighty-fifth year. George Henry Fitzroy, fourth Duke of Grafton, county Northampton, Earl of Arlington Ind Euston; Viscount Thetrevi and Ipswich, Baron Arlington, of Arlington, in the county of al dle.ez, and Baron Sudbury, county of Suffolk, Heft - ditary 114nger of Whitth bury Forest, Lord-Lieutenant , and Custos-Rotulorum of the connty of Suilblk, Vice- Admiral of the coast of London, Recorder of Thetfiird, Receiver-General of tho profits of the Seals in the ( Queent'a Bench and Common Pleas, the King's Game keeper at Newmarket, a Trustee of the Hunterian Mtrieum, President of the Eeclectic Society of London, was born on the 14th of January, 1760. He Married on the 16th of November, 1784, Lady Charlotte Maria Waldegrave, who died Ist of February, 1808, and suc ceeded his father on the 14th of March, 1811. His Grace had eleven children, six of whom are still alive. He is succeeded in his title and eitates by his Grace's eldast son, the Est.' of Euston, now Duke of Grafton, w h o was born on the 10th of February, 1790. The father of the late Duke was Secretary for Foreign Affairs in 1765, First Lord of the Treasury in 1776, stud Lord Privy Seal in 1771 and 1782. Mr. Wilson gave two of his Scottish entertain ments at Brighton, on Friday and Saturday, with undi minished attraction and success. Mr. S. Lover com mences a trip to the west of England, at Exeter, this evening. The Dohler party will commence a provincial tour, on Monday next, at Tunbridge Wells. Mr. G. Byng, M.P., it is asserted, has given th e munificent sum of 10,000/. to his niece, the lion. Miss Byng, on the occasion of her marriage with Mr. Tu poll, M.P. LAW INTELLIGENCE I JUDGES' CHAMBERS, SERGEANTS INN. (Before Mr. Justice WIGHTMAN.) IN THE MATTER OF JACQUES BASSET. It will be in the recollection of our readers that, under the head of our Mansion-house report of Tuesday, the 24th inst., there appeared a report of an application to the Lord Mayor for the committal, under the recent Act passed last year, to carry into effect the convention agreed to between the French Government and the authorities of this country, for " the mutual surrender in certain cases of persons fugitive from justice." The result of that application, it will also be remembered, was the committal of the prisoner, who was charged with the offence of fraudulent bankruptcy in France, to the custody of the keeper of the Giltspur-street Compter. Since that committal, a writ of habeas corpus had been granted by Mr. Justice Wightman, and notice had been served upon the Lord Mayor, and upon Messrs. Robinson and Duvry, the prosecutor's attorneys, stating that, by virtue of the writ of habeas corpus so issued, the pri soner would be brought up this day, in order that he might be discharged out of custody as to the commit ment by which he was now detained in the custody of the keeper of the Compter. The case excited the greatest interest, and the avenues to the Judges' Cham bers were crowded by a large body of foreigners, anxious to know the result of this, the first attempt to carry into effect the object of the mutual convention. The prisoner was brought up in the custody of one of the officers of the Compter. Mr. E. James appeared as Counsel on behalf of the prosecutor (Mr. Dubois) to appose the motion ; and Mr. M. Chambers was in attendance on behalf of the pri soner. The officer handed in the return to the writ, which set forth the warrant of committal, as follows : " To all and every the constables and other officers of the peace for the city of London and the liberties thereof, whom these may concern, and to the keeper of Giltspur-street Prison, in London. ' " These are, in her Majesty's name, to command 7ou and every of you forthwith to convey and deliver into the custody of the said keeper the body of Jacques Bas set, being charged before me, one of her Majesty's Jus tices of the Peace in and for the said city and liberties, by the oaths of Philip Antoine Mathieu and others, taken and sworn in the presence and hearing of the said Jacques Basset, for that he, the said Jacques Basset, is accused of having committed in France the crime of fraudulent bankruptcy (as appears by the warrant of arrest, issued by a competent judge in France, and duly authenticated before me, and as also appears by the war rant of her Majesty's. Principal Secretaries of State, re quiring me to take cognisance of such crime), the said crimes and the nets done being clearly set forth and proved before me by the oaths of the said Philip Antoine Mathieu and others, and by the depositions of several witnesses taken in France, and duly proved by the said Philip Antoine Mathieu and others ; whom you, the said keeper, are hereby required to receive, and him in your custody safely keep, until he shall be discharged by due course of law, and for your doing so this shall be to you and each of you a sufficient warrant. " Given under my hand and seal, the 23d day of Sep tember, 1844. " WILLIAM MAGNAY, Mayor." Mr. E. JAMES, in support of the commitment, said that the present case was one of the utmost importance, as being the first which had arisen out of the Conven tion Act passed last year. He, however, felt it his duty, without entering into the facts and merits of the case, to take a preliminary objection, and to submit, that the re lief afforded by the provisions of the Habeas Corpus Act could not apply to the prisoner. The return to the writ which had just been read, and which must be presumed to be true until it was impeached, stated that the party was imprisoned for a crime committed in France. He .therefore was not in custody for any offence against the laws of this country—.he was not a subject of the Crown,' but a fugitive criminal from France. Moreover, he was a subject of the King of the French, and the first ques don which arose was, whether the writ of habeas corpus could in such a case be allowed ? Mr. Justice WIGHTMAN remarked that he should not take judicial notice as to whether the • prisoner was a French or an English subject. The simple question be fore him was, whether or not the prisoner should be discharged or remanded. The gaoler to whose custody he had been committed brings him here, and it was 'for him (Mr. Justice Wightman) only to say whether he was properly or improperly in that custody. Mr. E. JAMES repeated his objection, and added that the better course would have been for the prisoner to have taken out a rule nisi, calling upon the prosecutor to show cause why he (the prisoner) should not be discharged out of custody. Mr. Justice WIGHTMAN concurred, but added, that as the prisoner had now been brought up he was bound to decide whether or not he should be sent bark or dis charged. He (Mr. Justice Wightman) should therefore entertain the application. Mr. M. CHAMBERS, on behalf of the prisoner, said, that as the depositions which had been taken before the _ _ Lord Mayor liadnot been returned, he (Mr. M. Chain hers) was necessitated to confine the objections he was about to raise to the terms of the warrant of commitment set forth in the return to the writ of habeas corpus. On that warrant, and upon the construction of the Coneen sion Act, a most important question arose. That Act received the royal assent on the 22d of August last year, and was entitled " An Act for giving effect to a Conven tion between her Majesty and the King of the French for the apprehension of certain offenders." It recited the convention, of which the ratifications were exchanged in London on the 13th of March, 1843, by which it was agreed " that the high contracting parties should, on re quisition made in their name, throagh the medium of their respective diplomatic agents, deliver up to justice persons who, being accused of the crimes of murder (comprehending the crimes designated in the French penal code by the terms assassination, parricide, infanticide, and poisoning), or an attempt to commit murder, or of forgery, or of fraudulent bankruptcy committed within the jurisdiction of the requiring party, should seek an asylum or should be found within the territories of the other." The statute provided that upon certain notice the Convention Act might be put an end to by either party, and then came the enacting clause, which followed the terms of the re• cital, and provided " that in case requisition be duly made pursuant to the said convention in the name of his Majesty the King of the French by his Ambassador or other accredited diplomatic agent, to deliver up to jus tice any person accused of any of the crimes recited and set forth, it shall be lawful for one of her Majesty's Principal Secretaries of State, or in Ireland for the Chief Secretary of the Lord Lieutenant of Ireland, by war rant under his hand and seal, to signify that such requi sition has been so made, and to require all justices of the peace and other officers of justice within their several jurisdictions to govern themselves accordingly, and to aid in apprehending the person so accused, and commit ting such person to gaol for the purpose of being deli vered up to justice, and thereupon it shall be lawful fir any magistrate or other person having power to commit for trial persons accused of crimes against the laws of that part of her ,Nlajesty's dominions in which such supposed offender shall be found to examine upon oath any persons touching the truth of such charge, and to commit the person so accused to gaol, there to remain until delivered pursuant to such requisition as afore said." The second section provided, that copies of the depositions upon which the original warrant had been granted might be received in evidence. On this statute he (Mr. M. Chambers), in substance, had to submit ;hat the magistrate's warrant of commitment, which, in fact, was the only document before his Lordship, ought , to show in the first place tha the magistrate had due authority to deal with the subject matter of the charge upon which he had committed the party to custody ; and in order to give him that authority, it ought to be set forth distinctly on the face of the warrant that all the preliminary cautionary steps provided by the statute had been complied with. He would take his objections to the warrant i❑ the order in which they stood. First of all, he ohjected,that upon the face of the warrant there appeared nothing as to a requisition having been made by the French authorities to the Secretary of State to deliver up a party charged with any of the offences men tioned in the Act of Parliament. Secondly—He objected that it did not set forth that the Secretary of State had granted h s warrant under his hand and seal. Thirdly —lt was nut stated when or where the fraudulent bank ruptcy was charged to have been committed. Fourthly —The warrant did not set forth that the Judge in France was duly authorised to take cognisance of the offence charged. Fiftl—lt, did not state that the offence was committed within the territories of the King of the French. Sixth—lt did not set forth the evidence upon which the magistrate had committed the individual to gaol. Seventh—That the offence charged was not stated with sufficient distinctness and certainty ; and, lastly, he had to submit that the conclusion of the war rant which authorised the detention in custody of the prisoner " until discharged by due course of law," was bad, inasmuch as it was not in the terms of the special authority created by the statute, or pursuant to the re quisition necessary to be made to the Secretary of State. Mr. Justice WIGIITMAN asked Mr. James what answer he could make to the last point raised by Mr. Chambers? Mr. JAMES replied, that the 4th section of the Act provided, that when any person committed under that statute should not be delivered up pursuant to the requi sition within two calender months after such committal, any of the judges were empowered upon application on behalf of the par'y so committed (after reasonable no tice) to order his discharge out of custody. lle (Mr. James) therefore maintained that the warrant ordering ' the detention until discharged by due course of law was good. Mr. M. CHAMBERS contended that the commitment ought to have been in the alternative, and should have ordered the detention of the prisoner until delivered up pursuant to the requisition, or discharged by due course of law. The commitment in this ease had been made under a special authority, and that s p ecial authorit y ou gh t to have been fully set forth in the warrant. For this he had the authority of " Stephen Nash, 2d William Black stone, 805, 806. That was a return to a writ of habeas corpus, in which it was stated that the prisoner was coma- , mined until discharged by due course of law. The terms of the statute under which the commitment had been made had not been followed. The prisoner had been committed for refusing to answer the question support of of s whether or n o t h e was a Jesuit, and it was conten d e d, i n the statute) t habeas tut) corpus, that the commitment found sureti es . The CouOrutg, hatftetroarhgaulmeent or beenh held until he answered the questi on , or that gave proof of his innocence the special authority ought to have been set forth, and " that the conclusionrmnTri That toAthme_iscertainly warrant wasiii Itr. Justice autho rity,itisaAinz case s nte p e r o ecis n el d y ea in that P the case cited was th at of a commit men t i n execution, whereas the present was only a commitment for safe custody. Suppo se ther e should be no requisition to deriver up the pri he would, at the end of two m on th s , be entitled to soner per , Pet freedom, and on application to any of the Judges be discharged by due course of law. He (Mr. James) repeated his objection that the prisonor in this case, a fugitive criminal from a foreign country, not located within the realms of her Majesty, not charged with any offence against the laws of this kingdom, was not en titled to the writ of habeas corpus, and therefore was not entitled to his discharge. The question was one of con siderable importance, and he (Mr. James) had reason to believe had excited great interest in another quarter— he meant at the Home-office. Both the statute 3I st Charles IL, the first Habeas Corpus Act, and the 56th George 111., the last Act, stated the intention of the Legislature to be to relieve the subjects of the Crown from improper and illegal restraint. To be entitled to relief under the provisions of those statutes, the party claiming it must be a subject or quasi subject of the Crown. The writ, therefore, in this case could not issue ex debito justifies, for, in the first place, the prisoner was not a subject of the Queen, and, secondly, he was not charged with the commission of any offence against the laws of this realm. Mr. Justice WIGHTMAN remarked that the same point had, he believed, been raised in the case of the Canadian prisoners, who were brought to this country in execu tion, and the sentence of transportation passed upon them for crimes committed in Canada. Mr. JAMES submitted that the case of the Canadian prisoners did not bear upon that now under considera tion, inasmuch as they were British subjects, and the offences of which they had been convicted were offences committed within the British dominions. If the prisoner now before his Lordship was discharged, it would amount to ajotel abrogation of the Convention Act. Mr. %%SECO WIGEITMAN—No, certainly not ; because, if discharged from the commitment, he may be taken again in ten minutes, and detained in custody under a warrant drawn up in the proper form. Mr. JAMES—Your the prisoner if the necessary depositions were here, but they hare not been returned. kr. Justice WIGHTMAN said that without pronouncing any decision upon the matter, which certainly was one of vast importance, he thought the beat coarse to pursue would be to treat it as though the prisoner had obtained a rule nisi, calling upon the prosecutor to show cause why he (the prisoner) should not be discharged out of custody, and to adjourn its discussion until the first day of the ensuing Michaelmas Term, when it would be heard before the full Court at Westminster. In the meantime the prisoner must be remandeJ. The prisoner applied to be committed to the Queen's Bench prison, but the application was refused on the ground that he could only be detained under the autho rity of the Lord Mayor's warrant of commitment. He was accordingly taken back to Giltspur-street Compter. INSOLVENT DEBTORS' COURT, Sept. 30. IN RE NARAH CLAY WORTH. The insolvent in this case had been frequently heard before the Court, when she was opposed at the suit of a person named Ferguson, who had brought an action against her for using slanderous words to the detriment of his character, when a verdict of 40s. damages was re turned against her. The costs which were incurred by the opposing creditor in carrying this action ex ceeded 60/. This day the insolvent appeared in Court to receive judgment, when, Mr. COMMiSSiOlaer POLLOCK, after recapitulating the grounds of the opposition, said, that although the Act provided the means of punishment for those against whom a verdict of damages for slander was returned, yet considering the age of the insolvent, and length of time which she had been imprisoned, the Court would only sentence her to four.months' imprisonment from 'the date of her resting order. the effect' of this judginent will be the almost imme. diate discharge Of the prisoner., IN• RE JOHN TULLOCIL The:insolvent's petition to be discharged was opposed by Mr. Cooke, on the part of a wine merchant, named Hart, for being guilty of a breach of trust, and also for a vexatious defence. He was supported by Mr. Woodruffe. . , It appeared, by a ver y lengthened examination, that the insolvent had been empl o y e d as an agent oa commis . -min by the opposing 'Creditor, in which capacity he had received sums of money, for which he had never ren dered an account. Mr. Hart subsequently brought an action for the recovers' of compensation on account of this breach of trust, Which the insolvent pleaded, but afterwards withdrew this plea a few - days before the trial, whereby the costs were increased by nearly double the debt, and the insolvent had, under the recent recon struction of the Insolvent Act, rendered himself amenable to serious punishment. Mr. Commissioner Pou.oca, in pronouncing judg ment, said tho insolvent had been guilty of a gross breach of trust, and also of avexatious defence. He (Mr. Commissioner Pollock) would, however, only deal with the latter offence, for which he would remand him for eight months, at the suit of Mr. Hart. TRIAL of LIEUT. PUDDICOMBE. (From the Cork Examiner of Friday.) This case, which has created so much excitement in the public mind for some weeks past, and which has been canvassed pro and con., not alone by the local press, but also by the metropolitan press of both kingdoms, came on for trial on Friday, shortly after the sitting of the court. Great interest was manifested by the public to be present at the trial, enhanced, no doubt, by the con flicting statements that have gone before them ; and the court was filled at an early hour, the audience being highly respectable, comprising a large number of ladies, ho occupied the grand-jury gallery. The traverser, Robert Bruce Puddicombe, sat in the counsel box be- tween his agent, Mr. P. O'Connell, and his counsel, Mr. James •'llea ; he was habited in a white frock or dust coat, with white waistcoat. His appearance is manly and prepossessing, and the proceedings were regarded by him as though but a mere spectator. Messrs. Richard Lane and Francis A. Walsh conducted the prosecution on behalf of the Crown, with Mr. J. Nagle, Crown soli citor, as agent._ The Clerk of Arraigns having called on Robert Bruce Puddicombe, that gentleman rose to enter his plea, when The CLIMBoP THB ARRAIGNS, addressing him, said, " sir, you must get into the dock." Mr. Wax.= (for the Crown) stated that they had no objection to allow the gentleman to remain where he was, by his counsel. Mr. O'lles (for traverser)—lt is the general course in bail oases. The Court coneurred with the gentlemen, and Robert Bruce Puddicombe was then given in charge for that he, on the 27th of August. at Coolgrena, did feloniously steal one silver spoon, value 55., and five ouaces of silver, each value 35., the property of Augustus Warren ; also that on the same day he did feloniously steal one silver fork, value 55., and 3oz. of silver, value 3,1. each ounce, the property f Thomas Pitt Robinson ; and also one silver fork, value 55., and 3oz. of silver, value ss. each ounce, the property of Margaret Bond, to which indictment he pleaded Not Guilty, in a firm and commanding tone of voice. _ _ Mr. LANs stated the case for the prosecution. Captain Augustus Warren examined by Mr. WALsn —I reside at Coolgrena, near Cove. I invited a party for the 27th of August, for which purpose I borrowed some plate from Captain Robinson and his sister-in-law, Mrs. Bond. On the next morning, when the things were collected, he found two dinner forks with a crest of a stag's head and initials "T. M. A. ;" one dinner fork with a crest, a stag on a coronet ; and one with a crest, lion rampant ; one dessert fork, crest lion rampant ; one table spoon with crest, star, and one with crest, lion rampant ; and a table spoon with a stag's head and ini tials "T. M. A.," missing. Those articles marked "'l'. M. A." were received from Captain Robinson, and were his or Mrs. Bond's. Those marked with the lion and star were my property. I have a spoon of toy own present, marked with a star, the Dawson crest. Saw Lieutenant Puddicombe on the morning of the Sth of September. He came to my house about nine o'clock, when the servant told me he was in the raving-room. I went in, and saw him reading a paper on the sofa. He got up and said—" Captain Warren, I have come to you on a most distressing business." He seemed distressed. I told him not to let it annoy him, and I would assist him if possible. He said he had some old plate which he gave to a woman to. sell, and on taking them to Cork she was detained by Mr. Hawkesworth on suspicion they were mine. He asktd if I had lost plate, and I smiled, knowing that every person was aware of it. I said " Yes, I have lost plate, aid have directed the constable to have it stopped, and that it would be stopped, for it was marked." He said that his brother officers and servant could prove the plate 'A as in his possession eighteen months. I told him there was no occasion to be annoyed about it, that all he had to do a as to go to Mr. Hawkesworth and say the articles were his, for he was in duty bound to clear the woman Ue said he gave her a certificate to that effect, and I said I think it would be better to go himself. He said he wanted to melt it to make a ball for his at. Mr. Hawkesworth met me at three o'clock in Cove. and we went to Dr. Meade's house and examined the silver pro du,:ed by Mr. Hawkesworth in Dr. Meade's study. One piece had a star on it. There were also part of a fork and part of a spoon with two small prongs of a fork and two pieces partly burned. The spoon had the star on it. That mark corresponded with the crest on my plite. There were remains of a crest on the other pieces, but I r ould not swear to it ; but I traced the letter A on the piece of the fork. All the plate belonging to myself, and that borrowed from Captain Robinson, were in the supper room, for I counted them and left them there. I gave Mr. O'Connell a list of the servants who had lived with me during the last twelve months. I directed the screen to be put up to the door. Cross-examined by Mr. O'IIEA—I understand there was no door to the room then?—No. You say you counted Captain Robinson's plate, and it corresponded?—Yes. Did you count the number of one kind and the number of another?—No, I did not; I am not positive but I com pared the list. Some of the plate was missing next scorning?—Yes. How did you know next morning which of each was lost?—lf I had Captain Robinson's list I might know. It is not unusual to have two crests in a family ?—I cannot say. You had a great number of attendants?—Yes, there were six servants in the house. The woman at the gate is Mrs. Patterson. I taxed the whole of the servants in the morning. Did you get a search warrant?—No; I mentioned the thing to the head constable, but could not suspect a single person. Did you search their place?—No, but I searched the house. How many articles did you lose . ? —Eight i spoons e o a m n d b e fo w r k a s s . dlr)eosse)d.o ?—ye m e s e , m h b e e r had o w a r e e ustse-coat a o a n t t open and white waistcoat and dark trowsers and sash. I could not say whether he went up after supper. Do you remember Noonan saying Lieutenant Puddicombe w:.s the only person who went up?—Something of the kind was said, and he was taxed the next morning, but I said I would discharge any person who insinuated the like. I did not see him going away. He is very fond of dancing. Eight articles, such as those taken, would take up a great bulk. Do you know Lieutenant Smike? —Yes. He was one of the _party?—Yes. And he is i gone sw a y?—Yes, on duty. W as Colonel Burton at the t house?—No, nor any officer from Spike. Did you re ceive a communisation from hi:o-I(es. which ens pun . lished, and I replied to it. Was Mr. Puddicombe ever in your house before that night ?—I believe not. When he called at your house he was in an agitated state ? —Yes. And that is not unusual when a man is charged with theft ?—No. He wished to clear himself ?—Yes. Can you easily discover the star ?--No, except with a glass, part of it is discernible with the naked eye. It etv five waiving rays discernible by the eye, and the other by the aid of a glass. To Mr. WAISH—I did not cause the letter to be pub lished. Mrs. Margaret Bond, examined - by Mr. LANE—I know Captain Robinson, who is mnrriei to a sister of mine. My father's natne was Andrews. He died in 1805. My mother is dead seven years, and her name was Mary Andrews. Upon the death of my father and mother their plate was divided amongst their children, and Mrs. Robinson and I got part of it. I remember the ball at Captain Warren's, and sent a large quantity of pl ate there by Mrs. Patterson Bed her husband to a large basket. They came for it. I reckoned the plate, 'eel my sister took down the list which watt sent with it. The articles in that list ware in the hssket. My father's crest was a stag's head, and the plate had that crest. There were some with tl,e Bond crest. The Andrews' plate had •"r.M.A." 4.in it. The Bend crest was. an epee hand. Did not get hack all the plate lieut. Sa plate afterwards with constable Roe, and examined i t Part of it had stag's horns on it, and the lever A. and part of the wreath . under the stag's head. I could also make out part of aT. The fork was so dreadfully mu tilated it was impossible to discover anything. There was a space in the centre of the two letters. The er, si corresponded with that on the plate sent to Capt. Warren, So did the initials. Cross-examined by Mr. 011ea—Were you told to look at the silver as your own?—l don't recollect that I was. Was it brought to you as the stolen plate ?—Yes. And brought for you to find out the marks? —Yes. You say you saw part of T?—Yes, one stroke. Will you swear it was not the stroke of an I or M?—No, I will not. To Mr. Lens—The list handed in by Captain Robin son is the list sent, and is in my sister's handwriting. To the COURT—Captain Robinson's crest is a stag on a coronet ; the Bond crest is a stag's head on a wreath. Julia Patterson examined by Mr. NAGLS—My hus band is gate-keeper to Captain Warren, and we were sent to Captain Robinson's for some plate before the ball, which we got from Mrs. Bond—l received the plate and brought it to Captain Warren's house, and assisted Catherine Leary to take it to the supper-room ; nothing was-taken out of the basket, or the cover ever 'lifted, until Catherine Leary left it in the supper-room. Captain Thomas Robinson, examined by Mr. LANE — I am a commander in the Royal Navy, and married to a sister of Mrs. Bond, who was daughter of Captain An drews, and got a portion of his plate. Some of it w as s-eit to Captain Warren's the night the ball was given Was not present when it was sent, but I was aware it was sent. The crest on the Andrews' plate was a stag's head on a wreath, and the initials T. M. A. Saw some plate afterwards in a mutilated state in Sergeant Rose's possession, and examined it. One piece was the upper part of a fork, and the other piece appeared part of a spoon. I could distinctly make out part of the stag's head, his nose and neck, and nearly all the initials on the fork. It corresponded with Andrews' crest. The hall mark was also similar. There was part of a star, not very distinct, but resembling a star fish. The middle was not very distinct, as there was a dent of a hammer in the 'centre. Saw some of the Andrews' plate on Cap tains Warren's supper table. Captain Andrews, he un derstood, was an Irishman; but lived many years in York and Rochdale. He died a few - days after his arrival' in Cork. 'Has no hesitatiod in saying that the" mutilated plate was part of the Andrews' plate, from its likeness to the ether. . . : = . _Cross-examined sby Mr. O'HEa—Tou could -see all those marks with the. naked eye ?—No. What could yen see- P—Part of the antlers and the back of the neck, and the wreath, with, my spectacles. Could you see the T'?--:No, but the turn ep, You would swear it is the turn up of the T by looking at it with a mag nifier... Wilt youawear it is not the turn up of an F ? —Ne. And - did you you not swear so just now I will swear it is the turn up of T. What's the differ= ence between. the 'ter/111p of_ T 'and I' -?—None. And how"can- you swear it is the turn-up of .T ?—From its likeness to the other' letters. You may go down, sir. Mr.O'CortelELL—Comparisons are odious.—(A laugh.) Mrs. Captain Robinson, examined by Mr. Weiss.—l remember making out a list of the plate sent to Captain Warren's. Mrs. Bond counted it, and I wrote the list, which was placed in the basket before it was given to Mrs. Paterson. My father resided for many years in York, and the plate was purchased in London. Cross-examined by Mr. O'Hee—Will you say it was all purchased in London ?—lt was before my time, and I can't tell. Did you write on the list the different crests P—No. Did you see the mutilated plate ?—No. Michael Coonahan examined by Mr. NAGLE—Was servant to Captain Warren the night of the ball. I know Lieutenant Puddicombe, and saw him several times before that night. He was at the ball. After supper the lights were put out in the room, and the screen put up in the doorway. After they all left the room Lieutenant Puddicombe went up stairs. I remained in the hall during the time, and I saw him return. I re collect the plate which was got from Captain Robin son. It was in the supper-room that night as well as my master's. Some of the plate was missed next day. Four spoons with a star crest were in the room that night. Cross-examined by Mr. O'Hee—Now you are quite sure you saw him go up ?--I am quite sure. You took particular notice of the four spoons with the star ; now will you swear there were not five spoons, with a star ? —No. Why did you hesitate when Mr. Nagle asked if Dou saw Mr. Puddicomhe go up ?—Because I was sure. id any person else go up ?—I did not see them. Did you ever swear no person else went up ?—I swore I saw no man go up but him. Give me a direct answer sir. . Did you swear nobody else went up ?—I did not see them. If you stay there all night you'll answer me. Did you swear no person else went up ?—I did not swear that. Were you examined before the magistrates ? Yes. Did you swear you saw no person go up with him? did. Were you not contradicted, and did not Cap tain Smike swear lie went up with him ?—I did not see. Go along down, sir. To the Jury—l saw him come down, and he had his red coat open. To Mr. O'Hiel—You say you saw him come down. Now where did he go ?—I can't say. Did he go out ? I can't say. Did you give him his hat ?—Not that I know. To the Jury—He could not go out unknown to me. To the 13f:wax—Others might have gone into the sup per-room. There were two doors to the room. Another person might have gone up with Lieutenant Puddicombe, but I did not see them. To Mr. 011 Ea—Did not see a cloak or outside coat with him. Edward Noonan, examined by Mr. LANE—I recollect the night of Captain Warren's party, and was attending table. When all the party retired from the supper-room, Captain Warren and Captain Stubbs remained and went down together. I put out the lights, and, the two doors .being oil, I put up the screens to the doors, and all went down stairs. Some time afterwards, about half an hour. I saw Mr. Puddicombe come out of the ball-room, and go up stairs and into the supper-room. I saw no person with him, and I did not see him come down. I saw no person else go up there. Cross-examined by Mr. 0 9 11Ka—You saw no person else go up ?—No, I did not. Are you a teetotaler 7—l .believe I am. Have you any doubt ?—None on my mind, lam a firm one. Are you regularly in servi ce ? —Yes, I am. Were you that night ?—Yes. when I was there. Are you in Captain Warren's service ?—N o . Is it thirty years since you were in service ?—N o ; nor more than five. When did you hear that the spoons were missed P—The morning after the party. Did you say then you saw Mr. Puddicombe go up ?—I did. Did Coonahan say so 7—He did. Did you tell him so did the night before. Did you agree with Coonahan that you saw but one officer go up ?—Ye s , we did ; I saw but one officer go up. Where was thi s conversa tion held ?-That has nothing to do with you at a ll. Were you suspected ?—I should not wonder, there were not many there, and my character was precious to me. Have you been in regular service since P—No ; b u t I was at several parties since. What style d o you ca ll yourself ? —What, you like. But I wish to k now w hat you call yourself ?—A gentleman's servant.—(L a ughter.) Own man ?—Yes. Well, you are five years a teetotaler , did you break it 2—That is no affair of yours. Did you drink spirituous liquors during th a t time 7 — Yes, I did if klike. Teetotal business has n o thing to do with this. Father Mathew is not here.--(L aug hter.) You swore you were a sound teetotaller f or fi ve yes", are you ? I am, I am.—(Laughter.) Do you know O'Neil P—l did know him. Did you drink with him P—Very little. You may go down, sir. To the BENcu—Drank wat er an d tea with him. Was the last servant that left the supper-room. Went to see where Lieutenant Puddicombe was going , and then told Coonahan where he went. I s aw him lift the screen and go in. I did not drink wise or s pirits that day. Con sidered it a gentleman's duty to ask 's servant for what he wanted. To the Jury—Told one of th e se rvants that the gen tleman might fall over something in the dark. Catherine Leary examined by Mr. Weiss—ls in Captain Warren's service, and remembers being in the hall when they came from t h e su pper-room. I was afterwards in a bedroom, and heard a noise in the sup per-room, and came down and met Coonahan in the hall. While speaking to him an officer c arne down stairs, but I would not know him. lle wore a red coat. Cross-examined by Mr. OlIzA--IS quite sure it was a red coat he wore. Did you ever swear you did not know whether it was a red or bl ue coa t he wore ?—No, but I said I did not kno w w h ether i t was s hut or open. Was there any way of going from your mistress's to the supper-room ?—No, unless you we nt out on the landing. Did •you go that night into the supper-room?—Yes, after the party went home. Did any of the others go in there?—l don't know. Edward Cramer examined by Mr. LANE— I am the leading man of the labourers in the victualling yard at Haulbowline, and know Mr. Puddicombe. Saw him on the 30th of August, n ear t h e lan d ing place.,, H e sa i d "Cramer, what is old sil ver worth an Ounce ? I said si. or ss. 6d. He said, "I off ere d some to the Jew pedlar, and he only offered 3s. 6d." I said I would recommend him not to give it for that price ; and that as my wife was going to Cork in afewdays, she would sell it for its value. He brought it in a paper in half an hour, tied up in paper, and said it would we i g h two ounces , Th ere was a piece of a spoon, a pie ce o f a fork, and some prongs, and some that appeared to h ave b een m elted. He said he wanted to melt it for a t op f or hi s bo a t. I kept it for some time, and he called on me and asked for it. as he was going to Cork, and would dispose of it. He accordingly went to the house an d go t it. Thu silver was shown to Lieutenant Went wort h, a fter my wife left Haulbowline on the 7th. Lieutenant Puddicombe said he gave it to my wife. Cross-examined by Mr. Crffre.—ile ref.de r.n erme("l - of it ?—No. car 1) , Yl , is it not usual to have a ball on r.•,:le part of it 2-1 do not know. Did ho deny the silver in Cove T—No ; but he acknowledged he . gave it to my wife, and sent her a certificate. That was after it way noised abroad ? It WU. To Mr. LANE—I got the cc:lit - we. T!-, f the Bth. elm- the chaxgo was nmde. To Mr. 0 1 1 - IstA—Liput:.uhil,t Pod night before that be wou ld exonerate Mn. Cratu,r. Mary Cramer examined by Mr. NAGLE—Ls wiir to the last witness, and knows Mr. Pudtlicombe ; he gave me some silver to dispose of for him. After a powerful 1-peech fr , in Mr. O'nel, who called no witnesses, the - jury returned a verdict of Acquittal which was received with loud cheers by a crowded Court POLICE INTELLIGENCE (YESTEIID V.) CLERK 7. 4' FL .T„ . . „ Ott the IGth inst., John Gray, a ?olive. eonsteble, 157 E, was charged at ths court with '•;iling and abetting William Cirim2bell, 7- ' , p9relitic, to rut: away from his toaster, ai4 , Nith The complainant on the occ euion a as t h e W e . T. Kelly, 71 clergymqn ofthy ffei::tor of Stilongai, in the county of pre , ,erit re siding at 18, Regent-square, in ttii.y. city. Th e po. 'iceman, who had been previously eansider c il a good officer, was convicted and fined in the penalty of one I pound; he has been since dismissed from the 'orce. To sustain the complaint, the I-, ;y about fifteen, was called into the witnei.s- bax. lie depi - isi , d that he had been apprenticed to the rev.. eon - plain:lnt as servant two years before -by the Dublin Prote,tant and Orphan Society. Having been crass -examined by i'vtr. Humphreys, who appeared for the defence,. he admitted that his master had beaten him several times; once whilst naked with a horsewhip, and on several other occasions cuffed and kicked him. To disprove his evidence. the complainant called two servants, who swore - the treatment of the boy had been kind and considerate. Mr. Kelly admitted, however, having beaten him once, with a birch-rod on the naked person. In the early part of last week the boy came to this court, stating that he had been again beaten by his master, and with the marks of stripes on his body. He was refused the war rant because he had not the money to pay for it; he subsequently, however, obtained the - money, and got the summons against Mr. Kelly on Wednesday last, which was to have been heard at this court yesterday (Monday), at two o'clock. About that time the parties were in attendance. The reverend com plainant, after a private communication with the clerk, went into the Clerk's-office, the clerk then privately communicated with the magistrate, and they, too, went into the Clerk's-office, where the boy also was. The matter was .di s p ose d o f in private, and nothing transpired regarding it in open court. A number of little boys were brought before the Ma gistrate, charged by an officer under the Commissioners of Woods and Forest, with throwing stones, and so en dangering the lives of passengers. These young vagabonds ensconce themselves behind the heaps of rubbish at the British Museum, and keep up as constant shower of stones, &c., on the passengers travelling along the new street running into St. Giles's. Yesterday, when it was crowded with. people returning from Divine service, the prisoners pelted them with stones, and had not the police interfered there is no doubt but many unoffending persons would hare been seriously injured. , The prisoners were fined in penalties of five shillings, and sent to prison in default of payment., . - MARYLEBONE. . , Jacob .Tennant, a respectably dressed man, about 40 years of age, who stated that he was a servant out of place, and that he resided at 65, Edgware-road, was charged before Mr. Rawlinson by Thomas Collins, a young man, agecl.lB, with having endeavoured- to incite him tocommit an unnatural-offence. . - The etislence of the.prosecutor, .which was of course unfit, fur pitblication, fully bore out•the charged Mr. RawniNsos. said. such .offences as the one. with which ,the.deksidanti was-charged . were of such ;frequent occurrence, that he should not be doing his duty to the public and to morality if he did not send him for trial. The defendant, who was cautioned, did not deny the charge, but simply said that he had not seen the com plainant until last night, whilst he (the complainant) swore that he had seen him on Thursday night. lie was accordingly fully committed. PORTSOKEN WARD. The election just concluded has given rise to a r l great deal of speculation in the City. It was yes terday reported that Mr. Moon intended to apply fur a scrutiny, it being the belief of his friends that of the thirty-two majority of Mr. Salomon's supporters there wag not one who can support his title to vote. If the scrutiny be undertaken and prove suc cessful there will of course be an end to all legal in terposition, and Mr. Moon will be returned as Alder man. Mr. Moon has, however, another expectation, upon which it is supposed stronger reliance is to be placed than upon any superiority he may consider him self likely to obtain from the examination of the votes on both sides. His principal dependence, it is asserted, is placed upon the Court of Aldermen, that body having refused to swear in Mr. Salomons when elected Alderman of Aldgate Ward, in consequence of his having declined to subscribe the following declara tion, a proceeding required by the 9th of George IV., for repealing so much of several Acts as imposed the necessity of receiving the Sacrament of the Lord's Supper as a qualification for certain offices and employments :—" I do solemnly and sincerely, in the presence of God, profess, testify, and declare, upon the truth of a Christian, that I will never exer cise any power, authority, or influence, which I may possess by virtue of the office of to injure or weaken the Protestant Church as by law established in England, or to disturb the said Church, or the bishops and clergy of the said Church, In the posses sion of any rights or privileges to which such Church or the said bishops and clergy are or may be by law entitled " The friends of Mr. Salomons, in antastweetrhatot the argument that the Aldermen have been sanctioned in their refusal to swear in that gentleman by the judg ment of the Court of Queen's Bench, s Aldermen are released from the obligation to decide in any future case upon such an authority, and point to the form of declaration contained in the Ist of Vic. toria, entitled "An Act for the Relief of Quakers, Moravians, and Separatists elected to Municipal Offi ces," as that which has been liberally substituted to meet any reasonable emergency. The following is the form alluded to:—" I, being one of the people called Quakers, or one of the persuasion of the people called of th n e at u io n n ite cll daberdetsherpenaractailsltes ( dM as o t i h -a e vi c a a n s s e , may be), having conscientious scruples against sub sof4erruioalf )kttnehgres,t:r denomination inio eclaration contained in an Act passed in the 9th year • of the reign of King George the Fourth, entitled an Act, &c., &c., do solemnly, sin cerely, and truly declare, &c., &c. The friends of Mr. Moon reply to this that the Act of Victoria was made to point at the Jews as the only persons to be excluded from municipal offices, and that Mr. Salomons cannot consistently sign the de claration required by that Act, inasmuch as he cannot call himself either a Quaker, a Moravian, or a Sepa ratist, although he may consider himself very properly of a distinct and separate religion from the Esta blished Church of this country. It is also believed that if the word " Separatist" be looked upon as a generic term, including all other classes of Dissen ters, Mr. Salomons would not avail himself of it, con sidering himself, while representing the Jewish nation, not as a Separatist, but as the real and original Simon Pure, the whole body of Christians being in his view separatists from the Jewish faith. The impression made by the discussion which took place yesterday in the City, at various places in which interest was felt for the candidates, was, that the Court of Aldermen, should the subject of the admix-. sion of Mr. Salomons come before them, would prove that they are disposed to travel with the general im provement of mankind.—Observer. MR. EVANS' ST. LEGER SWEEPS. TO THE EDITOR OF THE SUN. Mr. EDITOR,—It is with great pain and indignation that I am compelled to resort to your columns for the exposure of one of the most unheard-of acts on the part of the projector of one of the greatest of our racing lotteries or sweeps throughout the kingdom, that ever sullied the annals of fair play and common honesty. I allude to the Leger sweep of Mr. Evans, of Covent garden. As the holder of Foig-a-ballagh in the late St. Leger sweep of Mr. Evans, I was entitled to 700/, and my friend, Mr. Ayton, a fellow townsman, to 2001. as the holder of The Cure. The usual circular announced to us that we had drawn these chances on the Friday pre ceding. the race, when, judge my surprise at receiving the following letter : " Grand Hotel, Covent-garden, Sept. 21, 1844. " Sir,—On my return from Doncaster, I found a letter from my solicitor, Mr. Moseley, of Bedford-street. Covent-garden, recommending me, by all means, to with hold the payment of the prizes in my St. Leger Sweeps until the result of the qui tam action brought against me lately Shull be known. The informer, who is the plaintiff in this case, will file his declaration on the 24th of this month; until that is done I know not what I have to defend, or to what extent I may be liable. lam very sorry that any delay should take place in the sealemcnt, hut I ant bound to protect myself in this matter. " I have no doubt but that all the actions will fall to the ground, and that the Government will not counten anee the prosecutions at the suit of a set of villains whose only object is extortion.—l remain, Sir, s our obedient servant, " WILLIAM C. EVANS. " Mr. R. A. Marshall." I immediately came up to London, and in my inter view with Mr. Moseley ascertained th a t h e would recom mend Mr. Evans to waive all legal objections, and to pay me over the moneys for myself and friend ; but, as I could not get Mr. Evans to meet me at the office, al though he had been most offensively rude to me at his hotel, I deemed it right to seed him a letter, of which a copy is annexed, on Wednesday evening. " Sir—Not having been enabled to meet you at your solicitor's, Mr. Moseley's, to-day, although I repeatedly attended at the office, expecting that you would come there, alter reiterated repeats, I have now aqparonumut flyltv t arl '1 “Yonr own solicitor showed me the writ set vedon pa), which was connceted with the late Derby, and not with the St. Leger. Had it, however, touched the race on which lam the winner, it could not have borne upon the suhket, a), far as my interests were iirrolv,4l, since r • subscripti , )!-: it.• Li , Mr. ty told toe this day that, had you eln.sen to att , :nd, p.m would have heard, from his own lips, that he would recommend you to lay !ht, moneys to myselr, as holder of and to my frictid's , irri)-r (ttr. William, Ayton), the pos weond '• It ir. tuy wimb, for /will our ziakvs, to e•ettle the affair amicably, and for this purpase I will c.ell on you to morrow, at two o'clock P.u., Funcrually, to receive the remounts due to myself and Mr. Ayton Should you, deeiine sP , i•ite, , me. or should u p, m tau iii trri'ieA', over One allF;•;:st.'4, c , otblod to y.. 0 f a ,pe ciii,! .1,b1? nrchtunirl by all to kjr ;_!r !;t:np , iftt7: ? : ire? .?' 7 . :1113 distineoy tell you thqr., copy ot' ktter, which duill lily nest , xplacia..b.o v:D!Ocati,n for posting. 3., I u to-teeorro Tatt,retii;',,---,•0.,kiu.4 uny redre,s which nmy hr within the reach oF t , fling :ho public, through every haN it}g any Turf rreinsa,ztioo, witi a. patty alit would fly in face of his own pr..frsho•nal adviser, and violate the very essence of integrity." To this, on ishursclay morning, I received the follow- - '6 '.it nt-::arden Thitr,day. Sept. 26. 1844. '••Sir,—ln reply- to vont left, r, I beg t4l State ilia: I tn.tie no appointment whatever to meet you yesterday at my solicitor's, or I should hare kept it. I had a parti cular engegement of long standing, whieh caned me from home after one o'clock, and I did nut return until late in the evening. Mr. Moseley is out of town to day, but I have seen his principal clerk, and to him I refer you for my answer to your letter. I find you hare taken every opportunity of publicly traducing my character, and I shall be glad to have an opportunity of publicly refuting your accusations. I believe myself to be perfectly jus tified in the course I am pursuing, and shall abide the issue.—l um, Sir, your obedient servant, " Mr. R. A. Marshall." " WILLIAM C. EVANS. I called on Mr. Moseley's clerk, who informed me that Mr. Evans had been with him, and had stated that it was his intention to have given me a cheque for 350/. on ac count, but that as I had traduced his character he should now abide by his first letter. My intention was to make myself a subscriber at Tat tersall's, by the payment of two guineas, and post Mr. Evans as a defaulter ; but I was dissuaded from so doing by bein g t o ld i n one or two well-informed quarters that as it was not a wager I should not be permitted to affix such a placard ii the room. What think you, Sir, is the writ upon which Mr. Evans attempts to shuffle out of the payment of other people's money, and not his own ? • It is absolutely a writ issued prior to, and affecting only the late Derby I But had it affected the St. Leger, what was his plain line of duty ? Either to have returned the subscriptions and declined his lottery, or have stood the brunt of any paltry information, like Mr. Bake and all the other parties similarly situated. There is a society formed for resist ing informers, end Mr. Evans either has joined it or ought to have joined it, when his battle would have been fought for him, if necessary. Until I get further advice, how am I to act, I can only avail myself of that great engine, the press, to make the conduct of Mr Evans known from the Land's End to John o'Groat's; and if the public will but judge between us, I am quite satisfied, that whatever be the fate of rac ing sweeps iti . a legal point of view, in an honourable one it will be the last that eve': can be got up at the Grand Hotel, Covent:garden.—l remain, Sir, your obliged-und obedient servant, • R. A. MARSHALL. Tavistock Hotel, Thursday evening, Sept. 26, 1844. , [We have:published-these letters, as so many persons are interested in the , eorrespondence ; while at the saint time it appears that Mr. Marshall . Might have obtained, his object by less violet P means. Mr. Evans,.we b' lieve~ never contemplated such an ; act as some pitrties would impute to him ; and it will be seen frota an announcement in another part of the paper, that he is ready to ry the deposits on receiving proper security against the qui tam actions with which he is threatened.— En. Sun.] LLOYD'S SHIPPING. LONDON, SEPT. 30.—Wind, fresh northerly hrt , eze and foggy. DEAL, SEPT. 28.—Wind E.N.E. to E.S.E., light. 29. A.M., N.W. to N.N.W. ; P.M., N.N.E., strong.— Arrd. St. George, Phillips, Quebec, and bore up for Dow Roads. Sld. Nepaul, Valparaiso and South Seas ; Paragon, Moulmein ; Windsor, Calcutta ; Oscar, Rio ; Ihrriet. Jamaica ; Garland, Newfoundland ; Grace Darling, Madeira ; Thomas Myth. Mauritius ; Berkeley, Ichaboe ; Marion, Jamaica ; Kingston, Newport ; Lermahgcw, St. John's, New Brunswick ; Underwood, St. Kitt's. PLYMOUTH, Sxrr. 29.—Wind N.W.—Off, Swiftsure, Hearx well, St. jag() de Cuba. FALMOUTH, SEPT. 28.—Wind N., light. 29. N. to N.N.E.. fresh breezes.—Arrd. Peterel, packet, Rio, sailed July 28 ; from Bahia, Aug. 14; Pernambuco, 21st; on freight 45.000/. in gold and diamonds. Off, A.M., Ann Jane, Rigby, Macao ; Sara Johanna, Wittensen, Buenos Ayres for Altona ; Winscales, Rio ; Amy, Bahia. BaisToN, SEPT. 28.—Sid. Clifton, Calcutta; Governer Douglas, St. John's, New Brunswick. PORT TALBOT, SEPT. 26.—The stern of a vessel. marked " Farmers' Increase," with J. G. in the centre, was picked up and brougt in here a short time back. LIVERPOOL, SEPT. 29.—Wind, N.E., fresh.—Arrd. Coeur de Lion, Kendall, Calcutta; Archimedes, Pernam buco (10th ult.) ; Dumbarton, Pendleton, Virginia ; Siddons, Cobb, New York ; Emerald, St. John's, New Brunswick, 29th. Prince Albert, Stewart, Lima, May 15 ; Helen Hamilton, Nichols, Maracaibo, sth ult.; Windsor, Pepp an , C eara, 4th ult.; Elizabeth, Moffatt, Callao ; Guano, Donald, Montreal. Off, Grace, from Valparaiso. Arrd. 29th, William Penn (steamer), Waterford, with loss of mainmast. The Indus, Taylor, from Calcutta to this port was spoken June 26th, lat. 6 S., lon. 89 E., leaky, and bearing up for the Mau ritius by the Cceur de Lion, at Liverpool. The Grace Brown, from Virginia to this port, was ashore in Crancy Island Flats, Hampton Roads, 13th instant. The Sobi es ki, Grey, from Apalachicola to this port, sprung a leak on the Grief, and in bearing up for Pen sacola, was driven ashore on the East Press, on the 26th ult., during a gale, and would become a wreck ; part of cargo saved. Arrd. Hibernia steamer, Boston and Hali fax, left Boston on the 16th, Halifax 19th. CORK, SEPT. 27.—S1d. Ethiope steamer, Africa. Off, Minerva, Brown, Hong-Kong, for Liverpool, left St. Helena on the 7th ult. CROOLIAVENT, Sam 25.--Acrd. Cawton, M'Nelly, Nowloundland. SIIIELDS, SEPT. 28.—Sld. Salem, Bombay. LIMERICK, SEPT. 27.—The Hannah, Madge, of Dart mouth, hence to London, with oats, grounded on the Whelp.; Bock, about seven miles down the River,"Jast night, received much damage, and has since fallen over and filled. Opp HoLyltaAD, Skrr. 21.—Greet Western steamer, New York. - HULL, &Err. 29.—Arrd. Bon Accord, Lee, Davis' Straits, 21st, fish, 140 tuns ; •South Durham and Prince Regent, Quebec. MARKET NEWS.—(YESTERDAY.) CORN.-EXCHANGE. During the past week the arrivals of all kinds of grain up to our markets, coastwise as well as by land carriage, were, compared with those of some previous periods, ra ther limited, but of full average quality. Fresh up only a moderate quantity of wheat, nearly the whole of which was of the present year's growth, came to hand from Essex and Kent, as well as Suffolk; hence the stands were rather scantily filled with samples of that grain. The attendance of millers being numerous, the finest qualities of English wheat were in somewhat active request, at fully, in some instances a trifle beyond, the prices ob tained on Monday last, at which the whole was disposed of. In all other descriptions a steady business was doing and last a eek'a curreneies were readily supported. All fears respecting the harvest may now be considered as at an end, fur, with the exc,ption of a few patches of (las and Leann, in the musi, northern districts, the whole of the grain has been secured in England. The quantity of tree Foreig DIV heat on offer was by no means large ; indeed, many speculators have withdrawn their samples from the market for the present. For most descriptions of that article the sale was steady, at prices fully equal to those paid on this day se'nnight. Bonded Grain, however, was a mere drug, and almost nominal in value. Of English Barley the show was not large, but the supply of fiweign was tolerably extensive. The trade was, on the whole, steady, particularly with the best English malting parcels, and prices were well supported. The supply of Malt was by no means large, and most of the parcels found buyers at full currencies. Of Oats the show was extremely small, in consequence of the non-arrival of the vessels from Ireland. All kinds moved off freely, and last week's rates were freely paid by the dealers, who to.it nearly the whole of the ar r iv a l s . Beans, of all kinds, were in steady inquiry at full quo tations. In Peas but little was doing, yet prices were supported. The Flour trade was rather dull, at late rates. Linseed and Rapeseed were in demand at full prices. In other kinds of seeds but little was doing. CURRENCY PER IMPERIAL MEASURE. WH gAT—EC , eX & Kent, IMALT—Chevalier... .... . - 63 s to red 4os to 50s OATS—Yorkshire and -'- - - Ditto, white Norfolk and Lin- Potatoe coin, red 39a to 46a i Youghalt and Cork, Ditto white 4os to 53s i black Irish, red 47a to 50a. Cork, white Ditto white Rvet—Old %a to 33s BEANS—Tick 265 to 34), New 36a to 383 Pigeons Salami—Grinding 26s to 29s PEAR Grey ......... ...... 31s to 33s Malting Chevalier 32s to 35s Whit e 358 to 39s s MALT—Stitlhlk and NOT- 80i1er5........... ..... folk s6s to 62. FLOUR—Town made ... 44s to 4F. Bri.wo 5O. to 51s Sufto k 34. to 38, Kingston and Warc 566 to 62. Stockton &Nortiilk 33s to 3. 4 FOREIGN GRAIN AND FLOUR IN BOND. Wmear—Dantsic Hann•urgh 36s to 40s P • A 8 23s to 7, BARLEY 3ON to 33.4 FLOUR—American . , ... 23s to 25. OATS—New Feed lits told. SMITHFIELD. There was exhibited one of the largest bullock sup plies a l m ost ever recollected t o h ave b een brought for ward 3 t this period of the year, not less than 1,900 short horns having been received from the northern counties, with comparatively larger arrivals from other quarters. Notwithstanding, however, the extent of the supply, the increase of which has, unquestionably, been caused prin cipally from the shortness of winter keep, its general quality was tolerably good, while very few instances of disease were noticed amongst any breed. The attendance of both London and country buyers was numerous, yet the Beet trade wu in a very sluggish state. However, prJo.osl- V v OrP r 1; 4)f 7i - 3 ~r :.:d hr eo Atiwthiy Al! other kinds of beaus---a clearance of which was not effected—suffered fully that amount 'of depression, with a very heavy sale. During the past week the import , of foreign stock have been - large, - they having amminti , d to 80 ox-n and :t , 17, • • .• .•5* not •., ; : ;1 ti,!, 1 , 141 ikatbar c h and 4 ox'n a, 6.. , tahaihrytt.n fr,in sl..aul. The supply hero to-day, wai composed of 30 Dutch beasts, in the quality of which a slight improvement over previous im portations was noticed. The prices obtained varied from IS/ to- 191 each. The above, added to previous arrival*, makes the total imports this year as under : London 1,400 oxen and oowa. Liverpool BO Hull_ 629 •• Southampton ....,.... 168 Dem - ippon Tt.tal 2,327 head. Of Sheep, about 360 head have come to hand in' Om course of the season. From Lincolnshire, Leicester and Northamptonshire we received 1,900 short horns ; from Norfolk, Suffolk, Essex, and Cam brid•e-hire, 400 Scots and Home-breds ; from the western and midland counties, 600 Herefords, )evons, runts, ttc. ; from other parts of England 400 of various breeds ; from Scotland 200 horned and polled Scotia ; and from Ireland 40 Beasts. The numbers of Shccp were again rather extensive, owing to which, and the dead markets beint well supplied with Mutton, the iiereand for this kind of stick was very inactive. In s , 4ne few instances the primest Dowas found buyers at the prices obtained on Monday last, or from 35 10d to 4s per Sibs ; but the value of all other breeds declined quite 2d per 81bs. Lambs being now quite out of season,_ we have disconti nue d to quote them. Th e su ppl y o f Calves was good, while the Veal trade was in a very depressed state, at barely stationary prices. Prime small Porkers were quite as dear, but other qualities were a dull sale. Per gibs, to sink the offal. s. d. to s. d. s. d. to s. sl. , Inferior Beasts 2 4 2 8 Second qualltyditte... a 2 a 4 Second quality ditto 2lO 3 4 Coarse.woolled ditto.. 3 6 3 8 Prime large Oxen 3 4 3 6 Southdown Wethers 310 4 0 Prime Scots, &c. Large coarse Calves 3 4 310 Large Hogs 3 0 8 6 Prime small ditto 4 0 4 4 Small Porkers 3 8 4 0 Suckling Calves, each IS 0 34 ,' Quarter old Pigs,eachl6 0 20 0 Inferior Sheep SUPPLY AT MARKET. 3 Beast 9565. I Shee 36,230 p. I I Calv 11 ; s. 1 Pip. , 370 7W1:187041.TB AND LICA.DENZIALL. As is usually the case at this time of year, the arrivals of slaughtered meat from Scotland, and most parts of England, are on the increase, while a decided improve ment is noticed in their general quality. Owing to the large supplies of meat killed in the metropolis, the de mand has somewhat fallen off. However, the primest Beef, Mutton, and Pork, have sold at very full prices ; but the value of all other kinds of meat has been with difficulty supported. Lamb being now out of season, we have ceased to quote that description of meat. At per none, ♦y the Carcase. 5. d. toe. d. s. •i. to a. d. Kett, Inferior 2 4 2 6 Mutton, inferior ...... 2 8 g g -- naiddliug ..... 2 1 210 -- middling.-- 110 3 6 prime large , 3 0 3 2 ---- prime .... ..... 3 4 3 8 -- piirne small 3 4 3 6 Pork, large. M.. 2 4 3 4 Veal ARRIVALS DURING THE PAST WEEK. • Beasts. Sheep. Cal ves . Pi p. Scotland lB 2CO 1 0 Yorkshire" Norfolk - 240 6 40 —. Sufrolk ....... ....—.. .............. Cambridgeshire Essex - .0 60 80 100 Surrey 3O 150 100 170 Devonshire 14 Wiltshire Other parts -- - Total lt3o S.O 209 1,410 Previous week's arrival Diflbrence since our last 7l 160 og 13A WOOS MILMIEZT. The series of sales, which commenced on Tuesday last; and which have been in - progress during the whole of the week, have; notwithstanding the' quantity to be offered, amounting to 23,000 bales, 'been well attended by dealers:. .The quantity put up at auction since our last has •comprised - 5,800 package's, about 5,060 of which have sold at prices quite equal to those obtained at the previous auctions. These sales will'not be - brought to a conc!usi.n before the 9th of October: 'The imports for the week have been only about 800 bales. Privately very little is doing at late rates. 11024.1317GX NOP 7/11111MMT. There is rather an extensive supply of New Hops on offer in our market, but a very small portion is of good quality. Selected samples are in demand, at rather improved quotations; but other kinds are a dull sale. In Yearling and good Old Hops a fair business is doing, at late rate'. New Kent pockets are selling at from 717 s to 81 8s ; Choice Mid Kent, 101 lOs to 111 11s; New Sussex pockets, 61 18s to 71 lOs per cwt. Very little is doing in the duty, which is still called 130,0001. 1843's :—Sussexfpockets. 51tis to 618 s; East Kent, ditto, 71 5s to 10/ 10s; Mid Kent, ditto, 71 to 91; Ditto, bags, 71 to 818 s. BOROUGH AND SPITALTIELDS. The arrivals of Potatoes at the wrter•ide since our last report have been rather limited —they not having exceeded 260 tons, 90 being from Jersey. The sup plies offering, however, are seasonably good, and we hare a fair demand at from 2115 s to 51 10s per ton. TALLOW DICANICET. This market continues in the same dull state in which it has been for some time past. and although the arrivals are small, compared with the two last 'years, still prices show no tendency to advance. As the cold weather approaches the consumption will in crease, and then probably prices will advance. Town Tallow is in good demand. MEDICAL TESTIMONIAL--SIGHT AND HEARING. From T. J. Pettigrew, Surgeon, F.R.S. to Messrs. S. and B. Solomons, opticians, 39, Albemarle -street. Piccadilly,—Gentlemen, I have no hesitation in replying to your inquiry as to the results obtained by the use of your Improved Spectacles ; being in the constant habit of reading and writing for ninny hours together by lamp light, it is but justice to say that your newly invented Spectacle Lenses have afforded me the greatest comfort. When I employed the ordinary pebbles, I never failed to experience in the morning a great irritation in the eyes. Since I have used your admirable glasses I suffer from no inconvenience of the kind, and my vision is much im proved. I shall ever feel grateful to my good friend, Dr. Blundell for having drawn my attention to the sub ject.--Believe me to be yours, very respectfully. T. J. PETTionEw ' 8, Saville ro w . Al so , newly invented Acromatic Waistceat-pocket Telescopes and Opera glasses of the same kind of Lenses.—Every kind of Te lescope of larger size and increasing powers for shooting sea purposes, and upon stand for astronomical observa tions the powers are so great and the lenses so bright and brilliant that minute objects at an extraordinary dis tance is brought completely under the (yes. Sportsmen tourists, and sea-side visitors will indeed here have e:. great treat. Acoustic instruments of every description for deafness. Caution.—Messrs. S. & B. Solomons, opti cians and aurists, are not in any way connected with a person of the same name in their immediate neighbour hood, nor in any part of the country. To prevent mis takes, be cautious, and observe —Only to be had at 39. Albemarle -street, Piccadilly, opposite the York HoteL [ADVERTISEMENT.]—A NEVER FAILING. REMEDY FOR ALL CASES OF SCURVY, SCORBUTIC HUtIOURS, AND SCROFULA, BY HOLLOWAY'S PILLS AND OINT MENT.—EXTRAORDINARY CURE. —Henry Hill, nOW a footman to Lord 8., was lately discharged from the Duke of B's. service in consequence of his having large scorbutic blotches all over his hands and face, to his great disfigurement. For twelve months he was treated by his master's medical attendants, but to no purpose, and the case was at last declared incurable, and he was discharged. The poor fellow then, as a forlorn hope, commenced using Holloway's Pills and Ointment, which effectually eradicated the disease from his blood in less than three weeks. Sold at Professor Hollo way's Establishment, 224, Strand (where advice way he had gratis), and by almost all respectable vendors of medicine throughout the civilised world. THE WOODEN PAVEALENT.—On Saturday last it was agreed to unanimously, at a vestry held in the parish of St. Marylebone, that part of the wood en pave ment in the said parish should be removed, and that a granite pavement should be substituted. BIRTHS. On the 25th of September, in Great Marlborough -street, the wife of the Rev. C. H. Gaye, of a. daughter. On the 25th of September, at Upper Thurlow-place, Hack ney-road, the lady of T. Ware, Esq.. solicitor, of a daughter. On the 28th of September, in Bedford-square, the wife of Patrick Black, M.D., of a son. On the 26th of September, in Bennett-street, St. James's, Mrs. Alexander Bridge, of a son. On the 27th of September, in York-street, CoTent-garden, Mrs. H. G. Bohn, of a daughter. .111.41 On the 18th of September, at the British Embassv, Berne, Captain Henry S m ith, R.N ., C. 8., to Anna, daufstiier of the late Sylvester C os ti g i n , E sq., of Dublin. On the 2Gth of September, at Newark, the Rev. J. G. ter of Russel G l, Vicar of Newark. upon-Tr en t, to JvAia, eldest daugh- G. Hodgkinson, Esq., of the above r/lace. On the 27th of September, at Marv'iebone Church, G. A- Macfarren. Esq., o f B erners-street, to Thalia, eldest daughter of Heinrich Andrao, Esq., of the 15t'u Regiment. At his seat, Euston Hall, aged 84 84, lk, on the 2 Bth of Ser' tember, the Duke o f Grafton, ag S ed deeply and universally lamented. On the 19th of September, at Brighton -place, Portobello, Captain Andrew Barclay, afters few days' illness, aged 74 years. His loss will be deeply felt, especially by the poor and destitute. On the 21st of September, Joseph Taylor, Esq., late of the Royal Exchange Insurance-office, aged 82. On the 21st of September, at Sarum, Wilts, James Lewis , Esq., of Wheeler-place, .Haverstock-hill, aged 79. On the 221 of September, at Raywill, near Hull, Isabella, relict ofDaniel Sykes, Esq. On the 23d of September, at the Vicarage, Swinderby, Lin colnshire, Mary, the wife of the Rev. W. J. Clarke. On the 25th of September, Ann, wife of Mr. John Burnet. of Victoria- road, Kensington. On the 26th of September, at South Lambeth, Elizabeth. wife of John Pittar, Esq. On the 26th of September, at Christ's Hospital, Edward` Hewing Rice, of University College, Oxford. Oii the 27th of September, William, son of Mr. Mortice Levy, of Norfolk -street, Strand. On the 26th of September, Charles Graham Cleather, se cond son of Captain Edward Cleather, of Higher Ar.-dwicka. near Manchester, On the 27th of September, in the Strand, Mrs. Ellen Mal ston, relict of the late Mr. Edward Holliston. On the 27th of September, Edward Peppercorn, Esq., Elni grove, Rye-lane, Peckham. On the 28th OfSeptember, at Chertsey, Surrey, Mrs. Henry Street, aged 50. r'rinteci anu Published by 11158D0 YOUNG, 0 M, Strand, Printer, at The Sum Office, No. 114 St~Nnd,in the Preclhet of the Savoy, in the Gieustr Middlesex, Tueeditr, 049ber 1# 1844 THE SUN, I.ONbON, TUESDAY MOANING, OCTOBER 1, )644.