The Sun. — London, England, 1836-11-07 00:00:00

SPIRIT OTl'il E PUBLIC JOURNALS. The vacant seat in the Irish Court of Exchequer is at length filled. Mr. Ologhlen ha; accepted the situation, and is now puisne Baron. The Right Hon. Gentleman did not, however, take his seat on the first day of term, in consequence of the non-arrival, in suffi cient time, of the King's letters patent. The eleva tion of Mr. O'Loghlen to the judicial bench is an in teresting event. He has been the first Catholic ser geant, the first Catholic Solicitor and Attorney-Gene ral, and is now the first Catholic judge in these realms since the Revolution. The last Catholic judge who sat in a superior Court of justice in Ireland was Mr. Nagle, a progenitor of the estimable Baronet of that name who now represents the county of Westmeath in Parliament; and the lovers of " curious coincidences will be pleased to know that he was Chief Baron of the same court to the bench of which a Catholic is now raised for the first time after a lapse of a century and a half. In another respect Mr. O'Loghlen has been peculiarly fortunate. Always a firm supporter of liberal opinions, he has invariably enjoyed the confidence and esteem of his own party, and the respect of those to whom, as a politician, he has been opposed. Owing his honourable success at the bar to his own talents, industry, and probity, he is now a judge with the full and cordial consent of every man of every party and profession. It is on all hands acknowledged that were the vacancy a chief instead of a puisne judgeship, it could not be more properly be stowed than upon the late Attorney-General, whose professional capacity has been proved by his profes sional eminence ; and whose personal fitness may be collected from the fact—an unprecedented thing in Ireland—that all parties approve of the selection. There is another peculiarity about Mr. O'Loghlen's career that does him great credit, and ought to be no ticed. He was Attorney-General during a period of great excitement, and in the daily habit of reading in the Tory journals attacks the most ferocious and libellous against the Government. Impressed with the conviction that a Government that needs the shelter of ex-officios is based upon a sandy foundation, and that a virtuous Government must always gain by the free exercise of the liberty of the Press, Mr. O'Loghlen never instituted a criminal proceeding against a newspaper. How different a position he holds in this respect from all his predecessors—Saurin, Plunket, and Blackburne especially—in the office of Attorney- General ! By wholesale did these prosecute the Press, and they amassed wealth, and damaged the se veral Administrations whom they were paid to serve. Mr. O'Loghlen instituted no such infamous prosecu tions, and he greatly served the Government, but not enriched himself. But though he did not amass gold in a vile crusade against public opinion and its organ, the Press, he stored up a more valuable and enduring treasure, in an upright character and the esteem and respect of his political friends and opponents. Baron O'Loghlen is succeeded as Attorney-General by Mr. Richards, lately the Solicitor-General ; Sergeant Woulfe is Solicitor-General ; and the vacant coif has descended upon Mr. (now Sergeant Ball) ; three ap pointments for which the most envenomed tooth of factious slander cannot hurt the Government. These appointments create two vacancies in the representation of Ireland. We have not heard if the new Attorney- General has any intention to offer himself to the notice of his predecessor's constituents. Should it be thought ne cessary by the Government that both their Irish law offi cers should be in Parliament, there is little or no doubt that Mr. Richards would be returned for Dungarvon ; while of the Solicitor-General's re-election for Cashel there can be no question. Sergeant Ball does not va cate for Clonmel. So that if the Attorney-General choose to get into Parliament, the present Government will have both their law officers in the House of Com mons, besides their sergeant ; while it is a notorious fact that neither of Sir Robert Peel's Irish law officers could obtain a seat in the Legislature of the country ; notwithstanding the outrageous extent of Sir Henry Hardinge's unconstitutional efforts to influence the elections, as attested on oath during the recent inquiry into Alderman Smyth's conduct, to which we mean to call particular notice very shortly. These are impor tant facts. Under the Peel usurpation, the circum stance of being the Usurper's employe was alone suf ficient to exclude the unpopular official from a seat in Parliament. To be the law adviser of Earl Mul grave is the surest passport to popular favour, and to the interior of the Senate House. The import with which these facts are big, cannot be mistaken.—Morn ing Chronicle. The total failure of Lord Gosford's mission to the Canadas, long anticipated both here and at the other side of the Atlantic, has now been confessed with as little circumlocution as was consistent with public de cency on the part of the Noble Lord himself, who re presents, how adequately is another question, the dignity of the British Crown. The Noble Lord has come to ultima ratio of timid and mediocre minds, between an Executive Government baffled and disap pointed, and a body which has turned its legislative rights to no other purposes but those of desperate and incorrigible faction. After a short and fruitless effort at pacification, he has prorogued the Assembly of Lower Canada, concluding the speech which form re quired of him on the occasion with these acknowledg ments of an humbled and harassed spirit :—" In taking leave of you, I will only express the hope I am unwilling to forego, that however the political embarrassments of the country may appear to multiply around us, the inherent elements of prosperity and contentment which it contains may triumph over all adventitious causes of difficulty Now, consider ing what has been the real origin of the difficulties here alluded to—what were the obvious motives of those who caused them—to what a perverse and malignant point the machinations of the Canadian malcontents have proceeded, and what must be the inevitable consequence of yielding to their demands, we cannot forbear frcm an expression of astonishment, mingled with no small portion of disdain, at the whin ing and lacrymose language that has in every inst ance been resorted to by the Whig-Radical Lord Glcnelg and his chosen functionaries of the Gosford mission, when the business was to carry on a discussion with the factions of Lower Canada, upon any of those points wherein the latter strove to encroach upon the para mount rights of England, or to insult and intimidate 'her councils. Sir F. Head got nothing from the se ditious clique of Upper Canada but impertinence, so long as he kept minuet-dancing and bowing to " con ciliate them ; whereas the moment he began to dis play the spirit of an Englishman, and to lay about him with those weapons which the laws of England and the national honour had placed in his hands, the peo ple of the province took their tone from the King's Governor—they treated th e enem i es of England as their enemies, and returned f or t h e i r representatives in the Legislature well-affected and loyal m en . Whil e it is still a question what may be the nature or ten dency of a demand made by a colony upon th e mot h er country, it is fair and reasonable to let the thing develop itself clearly, and thus 'oring the weight of public opinion to bear evese'cually upon the party in the wrong. But in this case, from the outset, the end in view was palpable. A particular faction, alien to England, conspired with those at horn? who were not her friends, for what amounted on the face of it to a final overthrow of the supreme dominion of this country over Canada, by a usurpation into their own bands of the entire legislative authority. Nor was the form which the project assumed in Canada very different from what it st e 'd bears among ourselves. Under pre tence that t . l ie Legislative Council of Lower Canada did not represent the feelings of the country, by which the cesnspirators meant th e i r own f ee li ngs ; that the Legislative Council set itself up in opposition to the public voice, by which they meant their own clamour ; and that it rejected measures which were called for by the public welfare, whereby they meant nothing but their own selfish interests—those rebels in' heart cried loudly that the Legislative Council should no longer be appointed by the Crown, but should be nominated by popular election—that is, by a disaffected rabble which they had themselves inflamed, corrupted, and suborned. It is not very difficult to guess, therefore, what would become of the executive power, and what a state of utter slavery and de. gradation it must soon be reduced to, with one House of Representatives, and another of Councillors, passing bills of which the main and sole object would be to THE SUN, LONDON, MONDAY, NOVEMBER 7, 1536: demanded—that the eloquence or the arguments of the various speakers owe any considerable portion of their power or effect to the sympathetic feelings of the re porter. Here there can be no misrepresentation, or none, at least, in favour of the Conservative cause. It is evident, even on the showing of their own friend and advocate, that at Devonport—a town which owes much of its importance to the circumstance that it is the seat of a great Government establish ment—the present Ministers of the Crown and their Radical allies cannot keep down the expression of a feeling which has become nearly universal among the respectable and educated classes of the British people. The conviction spreads, wide and fast, that the country and its institutions are not and cannot be in a state of assured safety or of healthy repose, so long as they are committed to the guardianship of men who cultivate the alliance of undisguised Revolution ists, owe their official existence to the bitter enemies and most active disturbers of the public peace, and are content to find the only safeguard and guarantee of their political power in the desperate and impious array which marches onward with menacing yells and impre cations to assail, and if possible to destroy, the Aristo cracy, the Church, and the Throne. The persuasion is rapidly gaining ground in every part of the country, that neither the naval power, nor the military greatness, nor the financial resources, nor the flourishing com merce of Great Britain, can protect her from the dan ger with which she is now threatened ; that her safety must be found in the firm resolves, the steady princi ples, and the active patriotism of her citizens, and that the time is come when it behoves the nation to pro claim, as with a single voice, its determination no longer to be ruled by politicians so dastardly that they dare not, or so base and mercenary that they will not, refuse to treat the avowed enemies of the British Constitution as their friends. Such are the convictions and the feelings which give birth to the Conservative Associations now starting on every side of us into sudden, but yet ma ture and vigorous existence. Of this the Conservative Association of Devonport is a striking and a glorious example. Here the Conservatives have to encounter the various powers and elements of destruction, if not in their closest, at least in their most visible, union. They behold the Ministerial influence which the King's dockyard and arsenal create systematically em ployed to secure the seat in the House of Commons of an individual who is notoriously and conspicuously destitute of every qualification for a legislator, and whose sole merit consists in the zeal with which he promotes every revolutionary project, by whomsoever it may be suggested. Sir E. Codrington is a kind of connecting link in the chain of Radical existence be tween Lord Melbourne and Mr. O'Connell, and his Parliamentary position harmonises perfectly with his political character. He no longer represents in the House of Commons anything at Devonport but the dockyard and the lowest and most furious class of Ra dicals—the Ministers of the King, and the open ene mies of all authority—those who are swarn to protect the Constitution, and those who daily declare their determination to destroy it. When these two classes can cordially join in the interest of any common representative it may, without rashness, be inferred that the difference between them is not very wide—and hence the people of Devonport, who retain some af fection and respect for the Constitution of England, seeing before their eyes the constant proof of a combi nation the most unnatural, pernicious, and disgusting for its overthrow, thought it high time for them to form a Conservative Association for its defence ; and hence the first festival of that new-born association was attended by five hundred of the most respectable inhabitants of the town. Upon the occasion of this inauguration dinner Mr. Dawson, the competitor of Admiral Codrington at the last election for Devonport, visited the town by invitation. We need scarcely say what kind of reception Irb experienced from the Con servative Association, or from the great body of the respectable inhabitants. It was such as might natu rally have been expected, considering the feelings pro duced by the alliance, more visible at Devonport than elsewhere, between the King's Ministers and the ene mies of his Majesty's crown and dignity—it was such as the friends of the British Constitution would wish to be given to one of the most able, honourable, and zealous of their own body—it was such as leaves little doubt that at the very first opportunity the loyal elec tors of Devonport will gain a representative, and that the Ministers, and Destructives in that town, will lose one.—Morning Post. LAW INTELLIGENCE. VICE CHANCELLORS' COURT, Nov. 5. FARQUHARSON V. BALFOUR. Mr. STUART appeared in support of the petition of Mr. Robertson, the consignee of West Indian estates which were the subject of this suit. The object of the petition was to obtain payment out of the compensation money awarded for slaves in respect of those estates of a very large balance of above 3,000!., which was due to the con signee on account of his advances. The consignee, it was contended, had a lien not only on the produce of the estates, but also on the corpus. This claim was para mount to that of all other claimants ; and no injustice would be done to any party by refunding to him out of the money in Court the amount be had been obliged to advance. Mr. JACOB appeared for the Right Hon. Edward Ellice, Sir Thomas Neave, and other incumbrancers on the estate, to resist the application. The VICE-CHANCELLOR said there was nothing what ever to justify the petition ; and as it was altogether un precedented, and as it tended to establish a very incon venient mode of proceeding, it must be dismissed, with costs. destroy every vestige of British sovereignty over one of the finest countries on earth, and to establish a perfect legal subjection of the English race, by whose invin cible bravery it was conquered, to a mixed and foreign cue, unable .through any nobler instrument than that of hypocritical and deceitful turbulence to recover its lost dominion. The factious outcry against the House of Lords at borne springs from the same selfish and desperate profligacy, made more odious through the comparative magnitude of the evil to be wrought by it, as is visible in the Canada machination. In both cases it is a presumptuous faction that speaks, in the name and in contempt of the real principles of an in telligent people : in both cases it is a sound and sa lutary authority which they seek to overturn, and to supersede a system of just and useful government by one of wretched ignorance and base oppression. Lord Gosford and his colleagues, who must have discerned the true character of the Canadian conspiracy from the first, might, it is certain, have uncloaked it more promptly and skilfully, and have now denounced it with more vigorous and emphatic reprobation. The country, however, is awake, and will execute for itself the trusts, and secure the interests, which are so mi serably compromised by the feebleness to which they have been committed.---Times. The church-rate grievance is virtually at an end. The Dissenters, as we expected they would, are fol lowing up their denunciation of those obnoxious im posts, at their late meeting at the City of London Ta vern, by vigorous and decided measures. They are now organizing themselves into anti-church-rate asso ciations throughout the country, with the view of offer ing such a resistance to church-rates as must necessa rily terminate in their speedy and entire abolition. It was the fault of the Dissenters themselves, that these rates were exacted so long. They had been so simple and confiding as to trust to the exertions of others, ra ther than to their own. Experience has taught them their error. Repeated disappointment has at last led them to see the folly of trusting to the spontaneous interposition of the Legislature, to rid them of their grievances. They are now convinced that, if they do not vindicate their own rights, no one else will. Nay, more—they are persuaded that they have the means in their own possession of extorting justice, from those who never would have conceded that jus tice to them of their own accord. Both Houses of Parliament will, next session, be besieged by peti tions from all parts of the kingdom, praying for the extinction of church-rates, and these petitions will be drawn up with an energy, and in a decision of tone, though with becoming respect, to which neither House of the Legislature has been accustomed. The language employed will not be so much that of humble, timid supplication, as of assertion of their un doubted right to the boon they ask. The Dissenters will approach the table of both Houses with the bear ing of men who know their petitions will not be de nied, because if they should, they have the means in their own hands of ridding themselves for ever of their fetters. The Dissenters, in other words, have come to a resolution in all parts of the country, that they will pay no more church-rates. They do not mean to offer any active resistance to those who may be em ployed to enforce the payment of those odious imposts; but they will offer a passive resistance to the collectors. They will submit to have their goods distrained, and put up to the hammer, rather than any longer outrage their consciences by contributing to the support of a Church of which they so strongly disapprove, that in some respects they consider no better than her sister, the Church of Rome. This is the right way of going to work. Our surprise is that the Dissenters did not adopt it sooner. Better, however, late than never. We are sure they will now, to a man, act up, in the fullest sense of the term, to the resolution to which they have come. And if they do, what earthly power can effec tually contend with them ? They arc a numerous body, far more numerous than the members of the Church. Besides they have the people on their side, including a very large proportion of Churchmen themselves. The Crown may, therefore, prosecute as long and as much as it pleases ; but it will be unavailing. The furni ture of the Dissenters may be put up to auction ; but who will be the buyers ? The person who would bid • for goods put up to the hammer under such circum stances, would inevitably entail on himself an eternal odium in the place in which he resides. He would be hooted out of society. His acquaintances would be ashamed of him. Anti where, let us further ask, would the requisite number of brokers be found to distrain in all the cases of the supposed passive re sistance ? When more than the one-half of many communities would be found offering this passive re sistance to the collection of Church-rates, the task of putting it down by the forcible seizure and sale of their goods, would be found to be altogether impossible of execution. We congratulate the Dissenters, there fore, on the immediate prospect of deliverance from the Church-rate grievance. Let them but hold firmly together a little longer, in their determination to clear their consciences and save their pockets in this matter, and their triumph is beyond all dispute. The object to be obtained is one of so glorious a character, as may well reconcile us to any little remaining sacrifice which we may yet be called on to make for it. We congra tulate, too, the real friends of the Church, that they will soon cease to see the fair fame of that Church tar nished by the unholy strife and bitter animosity of feeling which have in so many cases been the fruits of the enforcement of these obno - eious imposts.—Morning Advertiser. Of 94 prisoners for trial at the late Wiltshire Ses sions, 37 could neither read nor write, 44 could read imperfectly, five could read and write imperfectly, four could read well, and four only could read and write well. As to their ages-29 were under 20, 33 from 20 to 30, 15 between 30 and 40, 11 between 50 and 60, and one above that age. The same source from which we gather these interesting particulars, states that within the last 30 years, at the corresponding Sessions, there was on one occasion only two prisoners for trial, and on another four These are appalling facts, and we fear not very creditable to the Magistracy, or, indeed, to any of the higher classes of this opulent and extensive county. Wherever else the schoolmaster may be abroad, it is quite dear that he must be comparatively a stranger in Wiltshire ; and that the heavy expense of their prisons might have been saved and much better applied in diminishing the number of their inmates. That such might and would have been the case seems evident enough from a mere reference to the facts above stated; for if out of nearly a hundred criminals only eight are found to have been educated at all, at least in any useful sense, and four of those eight only half educated, it follows, that had the rest been properly educated, nine-tenths of them would in all probability never have found their way to the Wiltshire prisons. It is impossible, too, to forget that this is a county in which commitments under the game laws have been for many years more numerous than in any two, or probably three, other counties in the kingdom ; the expenses, as well as demoralising effects, of which are thus exhibiting themselves in a way not to be misun derstood. It is not without great regret, too, we add, that all this occurs in a county, the wealthy residents of which have in a space of four months' solicitation subscribed only little more than 2,0001. towards alle viating one of the most ruinous local calamities which ever occurred, we mean the destructive hail storm which occurred near Salisbury, in the beginning of July. We are aware that these remarks will, one and all, be not ‘T,eihey arise,•ypa lateable in the quarters to which they apply. however, from no local or personal feeling on our part, but solely from a wish to see the Nobility, gentry, and magistracy occupying the useful station in society for which they are so well qualified, and which fill.—Mornine• Herald. it is their duty to We have great pleasure in directing the attention of o ur readers to the proceedings at D evon p or t on the first festive meeting of the Conservative Association recently established in that stronghold of official in fluence. Our report of these gratifying proceedings is borrowed from a local paper professing political pri ciples opposed to our own, and to th ose o f t h e va l ua bl e and important institution, the vigorous birth of which it has, with whatever reluctance, been compelled to ce lebrate. In this instance, at least, there can be no an prehension that the statements are exaggerated—that the meeting is described as more numerous and re spectable than it really was—that the unanimity, the energy, or the fervour of the Conservatives are de scribed in more glowing language than the occasion • CAVE V. ROBERTS. Mr. WJGRAM appeared in support of a petition which raised a question whether the widow of an illegitimate in testate, who died without children, and therefore without next of kin, was entitled to the ►hole or to a moiety only of the intestate's personal property. The testator, John Curtis, left the residue of his estate upon charitable trusts. Part of the residue consisting of leaseholds in the nature of realty occasioned the intestacy. The executors had proved the will, and the question was now raised on the part of the representative of the widow, who had since died, whe ther she was not entitled to the whole as against the Crown claiming a moiety. The VICE-CHANCELLOR, without calling on Counsel in opposition to the petition, had always understood in what ever way intestacy arises if there were no next of kin the Crown takes what the next of kin would have taken. He considered the case as if the widow had herself obtained administration. COURT OF KING'S BENCH, Nov. 5. THE KING V. JOHN MARSH. The ATTORNEY-GENERAL moved for a rule to show cause why the indictment in this case should not be quashed. There was an indictment against the defendant for solicit ing a voter, of the name of John Moore, to personate an other voter of the name of John Moor, at the last election for Dover. The indictment was found upon the Ist of January, 1836, at a Sessions at shich the Recorder of Dover presided. That Learned G'entleman, in his charge to the Grand Jury, told them that there ought to be at least twelve of their number agreeing to find the bill, and that would be sufficient to find the bill. He, no doubt, intimated this upon the supposition that there would be no more than twenty-three persons sworn on the Grand Jury. There were, however, no less than twenty-eight sworn, contrary to what the law prescribed, for by the law the number ought not to exceed twenty-three. There were twenty-five present when the bill was found, when twelve voted for the finding of the bill and twelve against the find ing of it. This fact was clearly proved by the affidavit of the foreman of the Grand Jury. Lord DENIAN intimated a doubt whether the affidavit the foreman could be used for this purpose. A grand jury man was bound by his oath to secrecy. The ATTORNEY-GENERAL was prepared to show that the affidavit could be used where the ends of justice would be defeated by refusing it. In Sykes v. Dunbar (Selwyn's Nisi Prius, 1075), it was said that the restriction as to the grand juryman not stating what passed in the grand jury room was confined to the subject of the evidence there given. —The Court granted the rule. COURT OF COMMON PLEAS, Nor. 5. GOODDY V. MUSGRAVE, GOLDSMITH, AND OTIIERS Mr. KELLY moved for a rule to show cause why the verdict had in this case should not be set aside. The case was tried during the last Sussex Assizes, before Mr. Jus tice Bosanquet, and the ground of action was assault and trespass. A verdict was entered for the defendants. The plaintiff was an inhabitant of Sudbury, and the defendants were the magistrates and certain constables of that town. Prior to the election of 1835 much political,exeitement pre vailed in Sudbury, and party spirit ran high. Ho would designate ono party as the " Blue , " and the other as the " Yellow" party. The plaintiff, Mr. Gooddy, belonged to the " Yellow" party, and all the defendants to the " Blues," Mr. Musgrave being, in fact, the Mayor, and Mr. Gold smith a Magistrate of Sudbury. It appeared in evidence that few days before the electioa commenced, and when a close contest was anticipated, some of the voters belonging to the " Yellow" party were, either by force or fraud, con veyed from the town in order to prevent them from voting according to their wishes. The LORD CHIEF JUSTICE asked whether the Learned Gentleman meant to move on the ground that the verdict was against the weight of evidence, or because of mis direction ? Mr. KELLY replied that his motion was founded on both grounds. Mr. Justice VAUGHAN thought that at all events a new trial could only be granted on the usual terms—on paying the costs. Mr. KELLY said that, as the proceedings of the defendants were not only improper, but he would say criminal, he hoped no such terms would be imposed on the plaintiff. The LORD CHIEF JUSTICE observed that, as the evi dence was contradictory with respect to the material points, it would be necessary for the Court to see the Learned Judge's notes before they decided this case.—Motion ad journed. COURT OF EXCHEQUER, Nor. 5. ADAMS AND ANOTHER V. OBRIEN. Mr. PLATT said he had to apply to the Court for a rule to set aside the verdict which had passed for the plaintiff in this cause. It was tried at the last Surrey Assizes be fore the Lord Chief Baron, and involved the same question as to the liabilities of the Westminster Reform Club with that which arose in Mr. Hector's case.—Rule granted. SAME V. RIPPON, ESQ. Mr. PLATT had a similar application to make in this case. It was an action against the defendant, as a member of the Westminster Reform Club, to recover a bill for the amount of 241. It was tried before Mr. Baron Bolland the day before yesterday, when the jury, under the direction of his Lordship, returned a verdict for the plaintiff for 71. 10s. He (Mr. Platt) argued at the trial that the de fendant, according to the rules and regulations, had ceased to be, and could no longer be, considered as a member, not having paid his subscription within the time limited for the purpose. Mr. Baron PARKE—Take a rule to enter the verdict for the defendant. BREACH OF PROMISE OF MARRIAGE—HOLLOWAY V. ABEL. Mr. GODSON applied for a rule, calling on the plaintiff to show cause why the verdict had for her should not be set aside, and a verdict entered for the defendant. It was an action for breach of promise of marriage, tried at the last assizes for the county of Hereford, before Mr. Justice Lit tledale, when the Jury found for the plaintiff, with 2001. damages. The defendant pleaded first the general issue, and secondly, a plea of infancy. The plea on which he moved was the plea of infancy, and the ground was that the verdict was totally contrary to the evidence. The cause before it on the paper was an action against the same de fendant by the young lady's father for the seduction of his daughter, which was tried the same day, and on . which the jury awarded him 20/. damages for the loss of her services, the young lady herself on the same day getting from ano ther jury in her action for an alleged breach of promise of marriage the sum of 2001: In addition to this the defend ant, shortly after Miss Holloway had given birth to twins, which she affiliated on him, was summoned by her before the magistrates at session, and an order-of maintenance made against him by a majority of the magistrates for the sum of 2s. 6d. weekly. The Court would, therefore, see that this was the third legal proceeding which had been in stituted against the party. At the time of the alleged pro mise, the defendant was a minor, and it ought to have been found so. Mr. Baron GURNEY—He appears to have been only twenty years and nine months old. Mr. GODSON—Just so, my Lord. In addition, he had now an affidavit from the mother of the child of his being only twenty years and nine months old ; and one from the nurse, who had since been found, to the same effect. Mr. Baron PARK—I shall take an opportunity of con sulting my brother Littledale, to know whether he is dissa tisfied with the verdict, and thinks it a wrong one. PREROGATIVE COURT, Nov. 5. A great mass of business, of no public interest, was dis posed of. BARER V. HARWOOD. This case, respecting the validity of the will of the late Mrs. Baker, was brought before the Court.this day on the admissibility of an allegation. Her former husband, Mr. Thomas Edward Baker, died in March, 1833, leaving the greater part of his property to her ; that she, after his death, married a Mr. Harwood, one of the parties in this case, and died, having bequeathed the property left to her by Mr. Baker to her last husband. The will was opposed by Marianne Baker, a cousin of the first husband. The Court having gone very minutely through the alle gation, was of opinion that it required general reformation, and decreed accordingly. LADY BROWNLOW V. BLIGH. This cause, concerning some testamentary papers of the late Countess of Darnley, who died in December, 1831, was brought forward to ascertain the opinion of the Court, whether those papers, or any part of them, ought to receive probate. The suit was an amicable one. The COURT, on the prayer of Dr. Lushington, postponed its decision. In one of the papers left by the Countess of Darnley and found by Mr. Duncan Bligh and Lady Elizabeth Brownlow, the deceased directed her jewels, of the value of 2,0001., to be disposed of to her Majesty the Queen, or to the Princess Victoria, if a fair price should be given for them by the illustrious persons named, the produce to be laid out in the building of almshouses at Cobham, and to provide an annuity for six poor widows for ever. INSOLVENT DEBTORS' COURT, Nor. 5 A MAN OF FASHION.-Arthur St. George French, a young man, was opposed by Mr. Woodroffe, on the part of Messrs. Broughton, tailors, Southampton-street ; Messrs. Tilburry, coachmakers and livery stable-keepers ; Mr. Smith, jeweller, Dublin ; and several other creditors. He was supported by Mr. Cooke. The insolvent was in his 23d year, and had upwards of 60 creditors, some of whose debts were to small amounts. He had incurred about 3,0001. of debts in Dublin be fore he came of age, and his father, a resident there, had liquidated the account. His debts were 5261., and he had received an allowance of 2501. a-year. In November last he was in the custody of the Marshal of the King's Bench Prison. He obtained a day-rule, and started off to Ireland, in the hope that his father would again settle his affairs. The marshal was fined in several cases, and bad paid about 2001. on his account. He had now a warrant against him for the escape. He remained at large until June. In the interim he had incurred debts. He got about 201.'s worth of jewellery of Mr. Smith in Dublin, and some of the ar ticles he had pawned, and a handsome ring be said he gave to a lady thou living under his protection. He had h►red cabriolets and horses, sometimes two horses a-day, when he had:tired the first. He had three jewellers. He had several tailors in his schedule, Mr. Ashton, Pall•mall, Messrs. Broughton, &c. He drove up to their houses in a cab. He had also several bootmakers. In Dublin he had left one for another, because be said he used to make pumps better than any other man, and another he had favoured with his orders as "he was a fashionble maker." He had hotel-keepers, livery-stable keepers, druggists for medicine and perfumery, and other tradesmen had the honour of in sertion in his schedule. Several of the opposing creditors were called. They stated that the insolvent made a stylish appearance. He was in the habit of calling on them in a cab, and they took him for a gentleman of fortune. The insolvent viewed the investigation with perfect non chalancr. Mr. Commissioner LAW said the insolvent must be re manded. He had not described himself as of the King's Bench Prison. The case, which lasted to eight o'clock, was adjourned sine die. POLICE INTELLIGENCE. MANSION-HO USE. Saturday a dustman, named Robert Swain, alias Dusty Bob, was brought before the Loan MAYOR, charged with having stolen a bottle of champagne and a bottle of gin, the property of Mr. Clutton, wine merchant. The cellarman of the prosecutor said the prisoner was, a few days ago, employed next door to the premises in clearing away the contents of the dust-hole. As the pro secutor's premises needed the aid of one of the fraternity, and as the opportunity of having it so speedily removed presented itself, the prisoner was employed to do the job. In removing the rubbish, the prisoner had to pass through an apartment in which lay two bottles of cham pagne, and two bottles of gin, with marked corks. The business was scarcely completed, when the prisoner was suspected, from his cautious manner, of meaning no good. He was accordingly watched, the suspicion was found to have been correct, but the circumstances of the de tection were very curious. The champagne and gin having been missed, the prisoner was charged with the robbery, and searched ; but the search of his person was fruitless. The prosecutor then supposed that the bottles were in the dust cart, and, with the assistance of the prisoner himself, who literally threw dust, and immense quantities of it too, in the eyes of all the establishment, ascertained beyond a doubt that the plunder was not there. The thing appeared to be a mistake, and Dusty Bob was about to depart, complain ing of the injury done to his character, when his horse, whose head was in a nosebag, began to snee:,e most vio lently. Bob, with great anxiety, began to pat his horse on the neck, but the animal was not to be tranquillised, but coughed, and sneezed, and snorted, to the surprise of the beholders. At last a violent crash was heard in the nose bag, and a delightful stream of nectar flowed from it, the predominant odour from which was that of the compound in honour of which so mony palaces have been raised in all parts of the town. The LORD MAYOR—WeII, Mr. Dustman, I suppose you will say that you knew noshing of the robbery. It was the horse that was the thief, I suppose ? Prisoner—l don't say the oss stole them, please your Lordship, cause its not in the natur of the animal for to steal liquor, whatever he might do to take a bit of hay ; but he knoived more about the bottles nor me, 'cause they were under his wery nose.—(A laugh.) The LORD MAYOR—I thought you could have had no thing to do with the business. You merely brought your load of dust each time from the back premises, I dare say? Prisoner—Just so, please your Lordship ; a body would think you were there. The LORD MAYOR—And how do you account for the bottles being in the nose-bag ? Prisoner (shaking his head) —God knows, your Lordship, what knows every thing ; but I've knowed osses to be hocussed afore now, and their master was quite ruined by it. I never harmed an unborn babe, but somebody bears me a grudge—that's evident, please your Lordship ; but I don't think it's the oss hisself.—(Laughter.) Mary Smith, a fruitwoman, saw the prisoner while he was working remove something from the cart to the horse's nose bag, which has a gaping hole with a button to it, very neatly adapted for what is called " swag." The dust which accompanied the bottles from the cart, no doubt, caused the sneezing, and the sneezing betrayed the thief. The LORD MAYOR—I shall punish every robbery of this kind as severely as I can. I cannot send this case to the Old Bailey, as the evidence would not be sufficient to con vict; bat I shall send the prisoner to Bridewell for a month. Prisoner—Then, your Lordship, I've got a favour to ax you. Will you please to let me stay my month at the Compter? There's sich a lot of rubbish in Bridewell, that ' no decent man would like to be seen in it.—(Laughter.) • The LORD MAYOR—No ; you can accommodate your- I self to every other sort of rubbish, and now you shall try the rubbish of the treadmill.—(Laughter.)—Committed. HATTON-GARDEN. GOVERNMENT SITUATIONS.— A fellow named Mutch was re-examined, charged with having obtained several sums of money from various individuals, by pretending that he could procure them Government situations. The following charges were investigated : Mr. Wells, an attorney, a short time ago, advertised in the Observer newspaper for the loan of 8001. for a client, upon a life-interest security, and on the following day he received a note signed—" G. Mutch," with the address, " 41, Devonshire-street, Queen's-square," attached to it, soliciting an interview with the advertiser. Witness then went to that house, and was introduced to the prisoner, who admitted that his name was Mutch, and that he was the author of that communication, and he inquired the va lue of the security proposed. Witness gave him all the information in his power upon the subject, upon which the prisoner expressed satisfaction, and said that the money should be forthcoming without the least delay, provided, upon an inspection of the property by him (prisoner), and a surveyor, it was deemed an ample security ; to defray the expenses of this survey he demanded the sum of 101., which witness unhesitatingly gave him, believing he was in re spectable hands. The prisoner, however, would neither inspect the property, nor had witness been able to stir him one peg since he paid the advance. Edward John Watson, late of the Hon. East India Company's service, on the 6th day of October last, caused an advertisement to be inserted in the Times newspaper for a permanent situation, and he was written to the next day by the prisoner, upon whom he called, at the resi dence mentioned by the last witness. The accused then said that he was a man standing high in society, and held an appointment under Government, and with the im mense influence he had at command he would ensure wit ness the situation of messenger to the House of Commons for 501. Witness jumped at that offer, and, without any further questions, paid 51., as a deposit to the prisoner, who guaranteed that he should take possession of that lucra tive birth on the Ist of November, when the remaining 45/. were to be handed over. Witness, to his sorrow, had too late found out that the prisoner was not known at the House of Commons, and that there was no vacancy for a messenger there. A number of similar cases were heard, the detailing of which caused considerable merriment. The prisoner was then committed to Newgate, and the witness bound over to prosecute. Mr. LAING said, as the sessions would not commence for some time he should nave the prisoner brought before him again next Thursday, in order that other cases might be taken. MAR YLEB ONE. Mr. E. Price Sutton, a solicitor, residing at Hollybush hill, Hampstead, was charged with violently assaulting the police, under rather extraordinary circumstances. The case excited much interest, and the Commissioners had di rected an inspector to report the evidence on both sides fully to them. It appeared from the evidence of the police that for some time past the foot-passengers of Hampstead have been greatly terrified by a tall figure, clothed in white, popping its head up and waving to and fro in an awful and ghost-like manr.er from behind the defendant's garden wall, which faces the high road. On Thursday night a young woman, named Williams, while waiting for her lover, was so much alarmed by the appearance of " the ghost" that she ran shrieking into the arms of policeman Sim mons. In consequence of this and other complaints of a similar nature, Inspector Aggs and two other con stables went to the defendant's house about ten o'clock the same night, and having obtained permission from the father-in-law of the defendant to search the pre mises for the mysterious figure they repaired to the garden, determined to give his ghostship no opportunity of escaping. While beating the bushes the defendant came home, and meeting the police in the upper part of the garden he gave them no time to explain the nature of their visit, but immedi ately attacked them, dashed the lanterns out of their hands,and knocked one of them down. Defendant, who was intoxicated, was, after much trouble, conveyed to the station-house. " The ghost," in consequence, it may be presumed, of this inter ference, was not found. The defendant said that the po lice were the aggressor* having entered his premises with out leave, and when he remonstrated with them, he was knocked down, and dragged to the station-house. He was not intoxicated, and had been used so ill, that he was determined to seek redress in another quarter. He then called his footboy, who confirmed his statement. Mr. SHUTT, as the evidence appeared conflicting, should dismiss the case without prejudice, should the Commis sioners recommend its being carried to the Sessions. NAVAL INTELLIGENCE. (From the Hampshire Telegraph.) PORTSMOUTH, Nov. s.—The Serpent, 16, Commander Warren, the Harlequin 16, Commander Erskine, and Cock atrice, are hourly expected at Spithead from Sheerness ; the Serpent will shortly after proceed to the West Indies, the Harlequin to the Mediterranean, and the Cockatrice to South America. The Vestal, 28, Captain W. Jones, captured on the 24th of September, off Grenada, the slave schooner, Negrinha, really a Spaniard, but under Portuguese colours, with 334 slaves on board. The schooner is arrived at that island ; and the Vestal was left in pursuit of a consort to the prize. The Thalia frigate, with the flag of Rear-Admiral Sir P. Campbell, left Ascension for the coast of Africa, on the 15th August ; the Madagascar, 46, Commodore Sir J. S. Peyton, was off the Land's End on the 28th ult., with a fair wind for the West Indies, Galatea (coal depot) in company. The Barossa transport, Lieutenant Goodlad, went out of Harbour on Wednesday ; she will proceed to Cork to em bark part of the 18th Regiment for Ceylon, and return with part of the 78th. The Prince Regent transport, Lieutenant Scrymgour, Agent, put into Spithead on Thursday, on her way to Cork, at which place she will embark part of the 82d regiment, for Gibraltar, thence take part of the 47th to Malta, thence part of the sth to Corfu, and bring home a moiety of the 2d battalion of the Rifle Brigade. The Harrier, 18, was at Pernambuco, on the 15th of September. The ship Meg Merrilies, Captain Skinner, bound to the Cape of Good Hope, passed this port in a gale of wind on Tuesday last. The ship Brothers, Towell, for Sydney, is at Spithead. In Harbour—Britannia, Victory, Excellent, Royal George, Conway, Samarang, Athol'. At Spithead—Barossa and Prince Regent transports,' and Brothers, for Sydney. PROMOTIONS AND APPOINTMENTS.—Commander W. P. Hamilton, to the rank of Captain ; Lieutenant James E. Parlby (lately commanding the Griffon) to the rank of Commander ; Captain Lewis Davies, C. 8., to the Dido ; Lieut. Richard Inman, Mr. Butler, Midshipman, Mr. W. Crowder, volunteer first class, and Mr. Berry, gunner, to the Samarang ; Lieutenant A. Fairman, to the Wolverine ; Lieut. John G. D'Urban, to the Griffon (commissioned at Sheerness) ; Mr. C. W. I. H. Hutchinson, mate, to the Excellent ; Mr. R. R. Quin, Midshipman, and Mr. T. Glyn, College Midshipman, to the Conway ; Mr. Frederick Mur ray, mate, to the Britannia. On Wednesday, Messrs. G. R. Rutherford (Excellent), Thomas Belgrave, and John Town (late North Star), passed their examination in seamanship for Lieutenants; Messrs. Hugh Gilbreath and Abel Parker, gunner's mates, passed for gunners ; and John Hanson, boatswain's mate, for a boatswain (all of the Excellent). ROYAL MARINES.—First Lieut. Hayes. of the Chatham Division, and First Lieut. Crispe, of the Portsmouth Divi sion, have exchanged. (From the Devonport Telegraph.) DEYONPORT, Nov. s.—His Majesty's ship Endymion, 50, Captain Sir Samuel Roberts, CB., arrived yesterday (Friday) from Lisbon and Cadiz, but brings no news. The Pigeon packet came up from Falmouth yesterday. The demonstration ships are only to be fitted internally for the present. Their masts and rigging will thus be pre served from decay. Orders have been received to expedite the Comus, 16, under repair at this port, in consequence of which a number of additional hands have been set to work on her ; as soon as she is complete the Trinculo, 16, a nd Savage, 10, are to be brought forward with all possible dis patch. The Madagascar frigate and Galatea coal depot sailed last week from Milford for the West Indies. The Spartiate, 74, is ordered to be docked, that the qualities of her copper may be ascertained, the larboard and starboard sides being of different sorts. The Rochester lighter which sailed on Wednesday wit} stores from Pembroke, returned here on Saturlay, having sprung her topmast off the Lizard. Orders have been received here to get ready 10,000 stand of arms for immediate exportation, supposed to be for the north coast of Spain. Captain Lewis Davies, C. 8., who was promoted for his gallant conduct at Navarino, when in command of the Rose, 18, is appointed to that superb specimen of Naval architecture the Dido corvette, at Sheerness, constructed by Captain. Sir W. Symonds.—Lieutenant George Vincent to the Russell.—The appointment of Mr. Thomas Archer as Clerk to the Ordinary at this port, reported in some of our contemporaries, has not taken place.—Comma nder Hamilton (late of the Comus) to the rank of Captain ; Lieutenant Peariby (late of the Griffon) to the rank of Commander ; Lord Henry Russell, of the Inconstant, and Mr. Walter Reid, of the Britannia, to the rank of Lieute nants ; Lieutenant Dixon to the Serpent ; Mr. A. Thom!' son, Master, to the Ordinary at Sheerness ; Lieutenant Frederick Blair to the Dido ; Lieutenant V. H. Jones, from the Coast Guard, Shanklin, Isle of Wright, to com mand the Rose, R. C. ; Lieutenant F. J. F. Henslow, from the Rose, R. C., to be Chief Officer at Birlink. Gap station ; Lieutenant J. Stuart, from the Ranger, R. 8., to No. 27 Tower, Dymnchurch ; Lieutenant J. S. Hall, from Townsend Battery, Dover, to the Ranger, R. C. ; Second Lieutenants T. B. Pleydell, R.M., to the Vanguard ; W. S. L. Atcherley, to the Bellerophon ; J. Winne, to Milford. Remaining in Hamoaze—Royal Adelaide, San Josef, Satellite, and Falmouth lighter. In the Sound—Endymion, Scorpion. At the Island—Pigeon packet. Orders have been received at this yard for 120 ship wrights and 20 sawyers to work six days on mast-work. STATE OF TRADE. LEEDS.—There has been no improvement in our cloth markets this week, and in the warehouses less business has been done than for some years at the same period. Th e stocks in the hands of the merchants are not large, and as the drapers generally have acted with great caution in ma: king their purchases during the autumn, there is ground for expecting a revival at no distant period. HUDDERSFIELD.—There has not been much business doing to-day. Prices both of cloth and wool continue firm. BRADFORD.—In our report of the piece market on 13th ult. we stated " low six-quarter wide Merinos stn" continue flat, and may be had considerably lower than some weeks ago." We cannot at this time report any improve' ment for lower fabrics ; on the contrary, they are not 0 much in demand, and may be bought at a further redur tion. We can notice no improvement in the wool trade this week. BARNSLEY.—Trade at this place continues remarkably brisk. TRADE AT MANCHESTER.—TIID market for goods was again depressed yesterday, more so than in the preceding week. Yarns for export were, however, still in fair demana; though they cannot be called brisk. There seems in In° s , parts of the country to be a very unsettled and uneasy Lee' . ing amongst the hands employed in cotton factories. " e hope, however, that an understanding may be come to be tween them and their employers without any serious or long continued turn-out, which, particularly at a time when Pr a.. visions are, and are likely to be, so much higher than th e y have been of late, would be attended with very disastrous results to a large class of the labouring population. WAKEFIELD WOOL-MARKET.—We cannot report any relief to the wool-trade, the same want of confidence COai tinues to prevail, and the operations in long and short no:, s have been on a very limited scale since our last We e ?' report, and what little has been done is at the reductio.o then quoted. In most descriptions of hogs there is ha rd l Y anything doing, and prices are merely nominal. LIVERPOOL COTTON-MARKET, N ov Exsift There has not been any material alteration in the Market t l %. week ; if anything the demand has been rather better, and for la:, qualities and upwards of American very full prices are obt alne g whilst common and ordinary are heavy of sale at a decline of to id. per lb. Brazils Ire also easier in price and difficult to sell, common and ordinary Egyptians are 1-d. to id. lower. Surat n om ! nally the same as last week. Speculators have taken 20 0 AT, efi, . can, and exporters 250 Bengal, 70 Surat, and 100 American. P l a t ing the month there have been forwarded to the country un so 4 o 1,100 bags American, 180 Pernam, 170 Bahia, 50 Maranlio n c Laguayra, 570 Egypt, and 260 Surat; total, 2,370 ba.s. The I, : ports are-1,799 bags from the United States, 971 from' the 13 1 7, 3 z!.,'': 938 from Egypt, and 3,222 from the West Indies and Spanish Na l total, 6,940 bags. The sales are— a. d. 48 Sea Islands.... 23 to 27 Stained ditto... 0 0 3,859 Boweds ... 8 —llh Uplands 0 0 2,590 Alabamas 8 —l2l 2,790 Orleans 7- —l3l 424 Surats - 120 Bahias 20 Carthagenas 0 250 Bengali Total, 12. We have experienced but a me The sales are stated to be 2,000 50 Bahia, 124 d. ; 20 Egyptian, remainder in American, from 8, d. it 300 Maranhams ll to : 1,057 Pernams ll i 71 60 Madras - 0 37 West India loi --- 0 Barbadoes Demeraras -17 375 Egyptians l2 0 1 Peruvians - ioi 300 Laguayras 9i - -' 0 , Minas ... 0 --• 240 bags. Berate demand for cotton to.a11: bales at yesterday's pric t -- es.l . ; 15id. ; 600 Surats, 6d. o i to 114 d. Bale. Taken on speculation this year Same in 1835 Forwarded to the country unsold this year Same in 1835 Increase of import this year compared with the same date last year Increase of stock Increase of quantity taken for consumption Decrease of quantity taken for export Comparative View of the Imports and Exports of Cotton int°,7;iii from the whole Kingdom, from the Ist of January toe 1:10„ss ult., and of the Imports and Exports for the same pioa year Bags' 704, 301 13 6 047 3,2 88 • • 162,351 26, 624 Total of all descriptions Same period last year. Bags. American Into the Kingdom this year. American South American West Indies, Demerara, &c. East Indies Egypt, &c. South American West Indies, Demerara, &c. East Indies Egypt, &c. Increase of Imports as compared with same 70,8 04 period last year Exports in 1836. 61,222; American, 20,715 • Brazil, 6,152 ; East India , West India, 30; Other kinds, 20. 84,145 Total in 1836 9 II 240 Same period last year „ Stock. 23 7 ,4 10 ,232,19° Nov. 4, 1836..... Same time, 1835 SILVER 1714 TEA AND COFFEE SER • on an T. COX SAVORY, 47, Cornhill, London, offers f or seleestic elegant and most extensive assortment of Silver Tea Service 133.54 1 iO , ing in price from 15/. to 30/., the service of Teapot, Suga r f i o orit and Milk Ewer. The ground floor, and first, second, and third_oom, are fitted up expressly for the display of Plate and Plated_u_icep and a Pamphlet is given gratis, with Drawings, T. COX SAVORY, Goldsmith, Watchmaker, and Sil 47, Cornhill, London. and a list of wit BIRTHS. xf ' Oas — On the 4th inst., at Hunstanton, Norfolk, Mrs. R. ''- of a daughter. , „Ater. On the 4th inst., in Eaton-place, Mrs. Lubbock, as. u f a. '„," r osr , On the 4th inst., in Burton:crescent, the lady of Wm' ."*"." Esq., of a son. O. rr• On the 3d inst., at Chatham, Lady Haxdinge, t h e lady o f Jones, Esq., of a daughter. MAR RI le 13. d ck fs4.' On the Ist inst., at Ashby-de-la-Zouch, Edward Cra o 1 , 00 00 of Leicester, to Eliza, daughter of Henry WhetleY, Esq' House. f the 1 1 On the 18th of June, Captain Wm. Nairne Forbes , 0 _i. C. • East India Company's Engineers, to Sarah, only daughtereol,ool, Greenlaw, Esq., Coroner, and Secretary to the Marin P Calcutta. v a 11°1 ' On the 3d inst., Arthur, eldest ion of J. Warn, -.ll:u o ultee t wood Park, Kent, to Catherine, daughter of Lieut.-C 'A of Farliegh Castle, Somerset. On the 2d inst., at Rotherfield, Sussex, aged 80, C O v n le t y h , e ß 2( e i ct i o n r st o DIED. r o a, the Wl' g• of F. B. Hacket, inst., at f SUS S j 9 House lla Gunnersbury Park, Middlesex s ß at : it Plymouth,herfie 1 Moord, a n dlvomfSptc. 0 11 .p l i a i l n d d r e , d E ' s , s q. , o d .. o rA n . e: the 31esmith, second son of the late A. Copland On "the 30th ult., at Howroyde,. Yorkshire, Andrew , e -- i dolut of Hall, arich of Sutton Co Warsv ickshire. ~•illie~ On , Esq., aced inst., 47. t Mi lex On the 11th of Jul last, M d Cll y at or en o ege, .Mr 'Ober a glees, aged at Charterhouse-square, James Rueben ... 63. gel ~ , On the 2d inst., at North Brixton, Anth. Nelson, Es c l'' L b Da'" . On the 4th inst., at Tottenham, aged 70, Miss Elizabe 1 'ldest 01 o tes ing, sister of H. Scambler, Esq. On the 4th inst., aged 43, Sarah Elizabeth, wife of C' to P ; Es ( 1" M.D., Pentonville, and daughter of the late W. H• 11113 surgeon, Basingstoke. London: I'rinted and Published by MIJKDO YOO l O 0 01 1 1 112, Strand, at The Sun Office No. 11 -2, Sirancltio th of Middlesex.—Monday, Novemberi 7, IWO.