The Sun. — London, England, 1821-10-24 00:00:00

.'" THE LONDON JOURNAI,s;. DAILY EXTRACTS FROM THE MORNING PAPERS, October 24. [MORNING IItRALD.] The Elections in France have closed, and the 3.loniteur boasts that the Revolutionary, or " Liberal" candidates have been universally re jected. It follows up, however, this assertion with a very intelligible hint that the. Ministerial and Ultra parties in the Chamber should unite, else the compact minority of the Liberals could outvote each separately. The Journals of the Opposition, a title sometimes assumed by French Liberals, do not appear much depressed by the result." But the .Censors will scarcely allow them the most common-place allusion to the in fluence of the elections upon the state of parties. There has been a trial of an extraordinary cha racter before the Tribunals of Paris, nearly similar to the story of one of Tobin's Dramas : A junior officer, turned nut of his regiment in disgrace by his Colonel, after brooding over his dishonour' for some time, made a dreadful- at tempt to assassinate the author, as he thought, of his dishonour, who was also his kinsman. — He was happily prevented from accomplishing his crime, the contemplation of which he avowed, was condemned to death, and bore his fate with a sand froid that seemed to partake less of cou. rage than of the want of compunction and com mon feeling.—There are various and new details of the progress of the yellow fever. There is some diminution in the average of deaths. The utmost - precaution continues to be observed. Some extracts will be found from the 'Speech of the King of the Netherlands on opening the States-General. He describes the kingdom as prosperous in every respect—notices the cultiva tion of the finer as well as the useful arts, and expresses the strongest disposition to peace, with rather a qualified hope of its continuance. This is perhaps the only point for which his speech u ill be looked to with much curiosity —as, no doubt, what is spoken from Royal lips upon so solemn an occasion may be recorded as an au thority. " The disturbances in the Levant have," his Majesty says, " caused anxiety, but still there vas a well-founded hope that peace would be preserved." [MORNING POST.] Unable to discover any flaw in the Returns of the October Quarter of the English Revenue, and seemingly astounded at the magnitude of its increase, the prophets of national ruin have lately maintained- an unusual silence, or if they have mustered resolution to speak, it has been with a degree of moderation which might almost pass for modesty, and which, if they do not take care, will undoubtedly destroy their character in the eyes of their Radical friends and supporters.— They have admitted the increase, and have even had the rashness to express something like awk ward satisfactibn at its having occurred. These are crimes which will not be easily forgotten.— They are little short of High Treason to, the cause, and will not be sufficiently expiated by the feeble attempt recently made to raise a doubt on the probable. produce of the Irish Revenue. The Radicals will not be satis fied with the mere anticipation of a defici ency in the Revenue of Ireland, if the recent augmentation in that of England is not de nied. Denial, however, is become impossible _since the publication of the Official Returns for this country ; and in order to prevent both the deluders and the deluded from indulging too long in hopes which cannot be realized, we, will charitably inform them that the increase of Re venue in Ireland has not only kept pace with that of England, but has been regular every quarter, and comparatively greater. In support of this assertion, we this day give a statement, in British currency, of the Irish Revenue, for the years ended on the 10th October, 1820, and on the lath October, 1821, distinguishing each -quarter of the two years. It will be seen that there is an increase in the year ended on the . IClh October, 1821, of 216,325/.165. gd.; that in the quarter _ended on the 10th October last, there is 'an excess of 147,0001. beyond the cor responding quarter last year ; that with the ex ,ception of the January quarter, there is an ex cess in every other quarter of the present year : in the April quarter, an excess of above 116,000/4 in the J uly quarter an excess of above 53,0001.; and in the last quarter, as we, have already stat ed, an excess of 147,000/. [NEW TIMES.] rEIELAND.-The accounts from the South of Ireland received yesterday, continue, we regret to say, of the most painful character. Indeed sufficient time has not yet elapsed for the pre cautionary measures of Government to have their due effect, and the misguided wretches seem de termined not to relax in their atrocious career. More murders have been perpetrated, and more dwellings assailed for the criminal purpose of ob taining arms. In connexion with this daring system of plunder, we find it mentioned in a • Limerick paper, that a considerable quantity of lead had been purchased at the cellarsand stand ings in the Old Town, last week, by country people.—The greatest degree of alarm necessarily prevails throughout the County of Limerick, in consequence of the murders and outrages daily committed there. A large military force, how ever, is to occupy the county ; and several de tachnaßnts of regiments, and active Police Magis trates, have already arrived in the most disturbed parts. The Irish Government are indefatigable in their labours to investigate the causes of the out rages and to apply an efficient remedy. His Ex cellency the Lord Lieutenant, we are assured, spends several hours daily at the Castle, devoting his personal exertions to these objects. The whole of Friday and Saturday morning his Excellency was thus engaged. Mr. Secretary Grant, who had arrived from his seat in Scotland ; Mr. Se cretary Gregory, and his Majesty's Law Officers were in consultation with the Lord Lieutenant till a late hour on Saturday evening. Major Warburton, who is the Chief Magistrate of Po lice in the county of Limerick, and who was summoned to Dublin to afford, personally ; infor- mation 'regarding the outrages which disgrace that county, bas examined some' hours on the subject ; after which he immediately left . ,the Castle to resume his functions. We have reason to believe, that Government have such measures in contemplation as will effectually reduce the disturbed district to order and obedience ; and we hopes, devoutly, in a short time. The other parts of the kingdom are .in a state of perfect tranquillity. [THE TIMES.] In Limerick, the progress of murder seems to have sustained no check. Two individuals have been assassinated since • Major Going. - Mr. Sperling, an - intermediate landlord between Lord Courtenay and.some of the wretched occupiers. of his estate, called Middlemen, in Ireland, was on his way to have a dispute settled with the lower tenantry, in the presence of Lord Courte nay's agent. Ile was wayfaid on the road, and the other litigants put an end to the question, by shooting the unfortunate man. An oath is said to be administered to the peasantry, to this effect—" No rents, no tithes, no taxei."— Under these these three heads may well be com prehended the great mass of Irish grievances.- 1. The relation' between landlord and tenant, under the characters of absentee and occupier, at a rack rent. 2. The relation between Popish parishioner and Protestant clergiman ; —and 3d, that bottomless gulf of disorder, the relation between an exorbitant Exchequer and a people overloaded with taxes.—lnour list of high outrages we ought to place one of a civil na ture. One Brady, an ex-Sheriff, at a Sheriff's dinner, has once more, in spite of, the host who entertained him, as well as of the Sovereign who had graciously admonished him, given and drank the " Glorious Memory." While this spirit rages in the capital, can we be surprised at any other brutal spirit breaking the bonds of 4ociety and laying waste the remote provinces ? But when the Viceroy forgets his master's mandates, the smaller minions of a factious Government are wholly unworthy of animadversion. [MORNING CHRONICLE.] We are prepared for extravagame in the Ultra Journal, but the following passage from it, in which the disturbances of the South of Ireland are gravely attributed to the machinations of the Carbonari, is so outrageously absurd, so much beyond the flights of ordinary folly, that we own it did surprise us. We say nothing as to the in human recommendation to shut our ports against the unfortunate Italian exiles ; for no person can read the passage and peeservO sufficient gravity to be angry " We are loth to suppose that there is any deeper scheme in agitation, than such as-we have already described, or, to con ceive that the diabolical plans of the Italian Carbonari can, by any circuitous means, have found their way into Ireland ; but the murder of Gianpetro, as detailed in the last letter of our private Correspondent at Naples, presents circumstances very , similar to those of the assassination of Mr. Going; and it is re markabh that both the unhappy victims were retired agents of the Police. It is not many months since we had occasion to notice that there were in this country certain foreigners, who avowed the most atrocious principles imputed to the Car bonari ; and whose movements were in consequence closely watched by the proper Authorities. Subsequently to that pe riod, we have seen a conspicuous Leader of the Neapolitan Re bellion arrive openly in London ; and though we have no rea son to believe that he would engage in any criminal schemes here, yet his previous connexion with the Carbonari might ren der it not improbable that he would be accompanied or followed by some individuals of that sect. This is at least a possibility which may justly call forth particular vigilance on the part of those officers to whom the supervision of Aliens in this country belongs. A very wise rule was laid down, at the conclusion of the war, not to permit any of the leaders of the French Rebel lion, of 1815 to'hnd a refuge in England ; we confess it would have appeared to us prudent to have applied the same regula tion to the cases of equally criminal and equally dangerous re bellions of Sardinia and Naples." We have heard, that whe❑ the plague last raged at Constantinople, a learned. Member of the Turkish Ulema gave it as his opinion that it was caused by a servant of the English Arnbasp sadoes playing on the fiddle. We leave it to the curious to determine whether the palm of saga city, in matters of causation, is due to the Turkish or English Doctor. The plague is not a more constant guest in Turkey than disturbance in our Sister Kingdom, which has never yet tasted the blessings of regular order and good govern ment. Carbonari indeed ! We suppose some of the Italian white mice men, after due prepara tion in St. Giles's, by the acquisition of the Irish language, have set out for the banks of the Shannon. Every zealous Orangeman• will do well to look sharply after the bearers of white mice or tortoises, who, ten to one, are Carbonari. [BRITISH PRESS.] The intolerant party in Dublin has obtained another recruit in the person of Ex-Sheriff Brady, a man knighted by the King himself, as one of the supporters of his system of conciliation. At the breaking up of the Quarter Assembly on Friday evening, Sheriff Smith invited the whole Corporation to dine with him at Morrison's, where he had ordered dinner; and as the candi dates for Aldermen were there to declare them selves, a more than usually numerous attendance took place, consisting of between ninety and one hundred Members, when Messrs. Foot, Archer, Whitford, and Brady, declared themselves aspirants for the Aldermanic Gown. Ou the health of the worthy Sheriff being drank, he availed himself of the opportunity of stating, that when last he had the honour of presidin g in the Chair, he appeared, by the line of con duct he had adopted, to have given offence to some Members of the Corporation, by not giving a particular toast : but he must assure the Gentlemen that the line of conduct he had then pursued, he would still fearlessly follow, and not be biassed by any one ; he could not be in that chair as a puppet, by pulling this; string or that ; he was not to dance or sing, or make a speech, at any man's pleasure. He did conceive, from his heart, that in obeying the Mandate of his Sovereign, he was best supporting the interest and independence of the Corporation of Dublin, and he did, therefore, hope no one would dictate to him what line of conduct he was to pursue. Things were going on so far so well, when a gentleman got up, de claring he would drink the " Glorious Memory . " in spite of the Sheriff ! on which Sheriff Smith most manfully stood up, and declared he would either be supported in the chair or leave it, which we regret to find was the case. Sheriff Brady was then voted to the chair ; and the toast accordingly given by those who Were op posed to Sheriff Smith. At the Quarter assembly on Friday the vote of thanks to Sir A. B. King and the Mansion-house Committee,• for their condpct on the occasion of the King's visit, was carried only by a majority of 10, the numbers being - --l Ayes, 50 ; Noes, 40. The Member of the Corporation, who brought forward the mo tion, said he was induced to propose it, in Itopo; - that it would be negatived, a rumour having gone abroad that within the last six months the politics of the city had been much changed. STAGE COACHES. ACCIDENTS. — An inquisition was held at the Coach and Horses, Isleworth, before THOMAS STIRLING, Esq. on the body of Mrs. M. 'Jot , - KI:VS of Isle worth, a widow lady, who was killed by the upsettting oT the Isleworth Stage, on Thursday morning last. The first witness examined was the coachman who drove the coach from _London to Isleworth on the morning the accident happened. He stated that he took up the deceased in London, between seven and eight o'clock on Thursday morning. About nine the coach was stopped by him opposite the Catholic chapel, Isleworth, for the purpose of letting a female passenger out of the coach. He opened the door, and at that instant the horses set off. The lady drew back into the coach again, and he ran as fast as he could to endeavour to stop the horses,ibut he could not overtake them. The horses galloped near to the side of the road, and the coach came in contact with a post. The shock was so great that the coach was overturned in an instant, and the deceased fell upon her head at some distance from the coach. Her head was much injured. In cross examination this witness admitted that there was no person at the horses' heads at •the time he opened the coach door to let the lady out. — There was also another female besides the de ceased injured by the accident. She kept her bed the day the accident occurred ; but is likely to do well. Her illness was produced more by fright than any thing else.—This evidence was corroborated by several other witnesses, and the Jury returned a verdict—" Accidentally killed by the overturning of a stage coach." On Friday last an Inquisition was held before the Coroner ,for Middlesex and a respectable Jury,at the King's Arms, Hounslow, on the body of a youth named William Lynch, residing at Hounslow, who was killed in the following man ner:—The Englefield-green Stage-coach was passing through Hounslow, on Tuesday se'nnight, and the horses were going at a sharp trot, when the deceased, William Lynch, very imprudently got up behind the coach, with the intent, no doubt, of riding a short distance. He had not, however, gone far, when one of his feet unfortunately slipped, and he fell against one of the wheels of the coach ; his apparel became entangled in it, and his body was drawn, by the velocity of the wheels' motion, against the spokes, and between' the wheels and the body of the coach. He screamed for assis tance the moment his foot slipped, but in a few seconds he was-senseless ; his breast bone was broken and beaten in, his body was crushed nearly flat, and his limbs were dreadfully lace rated and fractured by the turning of the wheels. The boy was taken from the coach wheels a breathless corpse. He had left school a short time previous to the accident. Verdict—" Ac cidentally killed." COMMITMENT OF WITNESSES.—Mr. Baron GRA HAM, in his charge to the Grand Jury, at the last assizes for Somersetshire, said, that it was to him always a painful duty' to say any thing which might appear like casting an imputation upon the committing Magistrate ; but there was a commit tal which he could not pass over without the ex pression of his strongest disapprobation ; he al luded to that of John Graddon, only eleven years of age, who had been sent to gaol for want of sureties, to give evidence against a man who had been committed on a charge of felony. lie had not expected to meet with such an instance in this county, in the present enlightened age : it resembled the barbarous practice of days long since gone by. The Jury might take the law of commitment of witnesses from him. When witnesses had given their depositions, it was the duty of Magistrates to bind them over to appear at the Assizes or Sessions, to give evidence against the prisoner ; and perhaps, in some cases, they were justified in requir ing sureties from the witnesses, as in the case of a responsible person refusing or wishing to evade attending—then the Magistrate might say to the unwilling witness, " If you do not enter into recognizance to appear, will commit you." But if a poor man or woman, not resi dent at or near the place, should be a necessary witness, it was too much to require sureties, and in default thereof to commit them ; the Magis trate's duty was to bind them over to appear on their own recognizance, and not to require in-- possibilities. But for an innocent child, only eleven years old, without friends, to be sent to gaol for three months, because he could not obtain two responsible persons to be bound for his appearance to give evidence, was most unjustifiable ; it was inflicting upon him, considering his tender age, by an imprison ment of three summer months, a greater punish ment than the culprit himself would, if convicted, receive by one even much longer protracted. In Italy, it was true, this practice prevailed ; but what was the consequence ? Why, when assas sination, and the most atrocious crimes were openly committed in their streets, persons instead of. preventing, or appearing against criminals, ran away and hid themselves, because, in that coun try, the witness were sent to prison to secure their attendance at the trials. Ile could not refrain from making these strong animadversions on this practice, which, he trusted, would never again occur.—(Chester Courant, Oct. .3.) The Members of the 'Caledonian Hunt, at their meeting at Ayr, on the I`2th inst. generously re solved to distribute 55 guineas amongst the poor of that and the neighbouring parishes. L W INTELLIGENCE. COURT OF KING'S BENCH, OCT. 23. Their Lordships sat this mornri►s; 2n Banco, and heard ar;u►rtents in special eas►;s. •The bu siness had no public interest. Mr. Justice BA Y LEY was not ii► Court. , LORD MAYOR'S COURT, GUILDHALL, OCT. 23. CURIOUS AND IMPORTANT CASE AND DECISION. • A question of some importance relative to the adinisSibility of bail came on for decision in the Mayor's Court today, be fore Newman Knowlys, Esq., •he Common Serjeant, in the case of Anthony Harding and others, plaintiffs, against Peter Augustus Heyliger, defendant, and Sarah Alchorne, gar nishee. Mrs. Heyliger, the wife of Capt. Heyliger, the defendant, a gentleman of fortune and great respectability, 1411 obtained from several tradesmen a variety of goods, consisting of wearing ap parel, books, household furniture, &c., which had been sent to Mrs. Alchorne, a respectable packer in the city, to be packed up in order to their being forwarded to Mrs. Heyliger, then at St. Omer's, in France. Against these goods, which, from their quantity, were contained in no less than 56 packages, several fo reign attachments were issued while in the hands of Mrs. Al chorne, the garnishee, and among others by the plaintiffs, Messrs. Harding and Co., of Pall-mull, for a claim of 2521. due to them. Messrs. Holditch, coachmakers, of Long-acre, whose attachment was the last issued of eight or nine, accidentelly got information as to the correct Christian name of Capt. II eyliger,and filed a. second attachment in the name of Peter Augustus, all the other attachments describing the defendant as Peter Heyliger only. By this piece of management, Messrs. Holditch 's at tachment, from being the last, became the first ' and from the value of the property. attached, there apt.e.ared every probabi lity Of their recovering the whole of their debt. • The garnishee, however, was advised to try.the case with them, upon the ground that the goods were not delivered tQlier in the name or as the property of Capt. Heyliger. On the trial in the Mayor's Court the Jury found a veraict for the validity of the attachment, thereby deciding the property to be the defendant's. Notwith standing this decision, the garnishee persisted in going to trial upon the same point on every other attachthent against the goods, to the - aniount of eight or nine, the verdict in each case be ing the same as in the first. Messrs. Holditch now looked upon themselves as secure from loss, when the garnishee put in bail to their attachment, and the goods, not without suspi cion of some private arrangement between her and the plain tiffs, Messrs. Harding and Co., who had the second attach ment, were publicly sold by auction at Mr. Murrell's room in Skinner-street, an Augu - st last. Though the sale purported, according to the printed catalogue, to take place under an at tachment, no precept of appraisement, it appears, had been re turned ; and the property, which, according to Mrs.i Heyliger's statement, had been recently purchased at an amount of nearly 2,0001., produced at the sale between .5001. and 6001. only : among other articles, worked cambric handkerchiefs, which had been invoiced to her at three guineas each, sold at the sale for no more than 9s. a piece. Capt. HeYliger is, it seems, at the Island of St. Croix ; but Messrs. Holditch seeing the property thus sacrificed, and them selves thrown out, gave information to Mrs. Heyliger, at St. Omer's,_ who immediately furnished them with instructions to put in bail on behalf of the defendant, to all the attachments that had been issue.: against the property. As the bail in these Cases must be Freemen of London, Messrs. Holditch applied to their Iron Merchants, Messrs. Daly and Kipling, of Upper Thames-street, and through them procured as bail a Mr. Quint, of Bush-lane, and a Mr. Bickennan, of Tower Royal. When the bail appeared before the Lord Mayor at the Mansion House to justify, Mr. Andrews, .as Counsel for the present plaintiffs, and Messrs." Beynell and Ogle, Attornies for the garnishee, opposed the accepting of them, pot on account of their insuffi ciency, their solvency being undoubted, but upon the ground that they had not been applied to by the defendant to become his bail; Mr. Andrews contending that, under such circum.: stances, the bail could not, in conformity with the practice of the superior .Courts, be received, and the Lord Mayor not choosing to take upon.himself to decide so important a question, the case was referred to the next sitting of the Court, which took place at Guildhall to-day. Mr. NouToar, as Counsel for the defendant, now tendered the above-mentioned bail. Mr. BOLLAN'D, upon the part of the plaintiffs, put in the affidavit- of Mr. Alsop, one of the partners In the house, which stated, that he had, written to Captain Heyliger, at St. Croix, giving him information of the whole transaction ; and although sufficient time had elapsed, no answer or instructions whatever had been received from him, nor from Mrs. Heyliger, nor their son, to both of whom lie had likewise given notice : and he verily believed the bail now tendered had not in any way been applied t by te dendant or autorized bY him. The bail were then called, , and ex h amined by Mr. Bor,Laxn; and in answer to the questions put to them, stated that they had not been applied to to become bail either by Capt..Hevliger or by Mrs. Alchorne, the garnishee; that Mr. Kipling,of Thanies street, had procured them to be bail as the friend of the defend ant, and had undertook to bear them harmless. They bad been introduced to Mrs. Ilcyliger, since her return from the conti nent, by Mr. Kipling's brother, as the persons who had, as he said, kindly undertaken to become bail in the business. Front thiS examination Mr. BOLLARD contended that, ac-. cording to the uniform practice in the superior courts, this bail could not be accepted, as it was now in proof that they had had no communication whatever with the defendant, and conse quently did not offer themselves to become securities at his in stance or by his authority. Mr. NORTON urged the peculiar nature of the foreign at tachinent as taking the question out of the reasoning yf the rule of the superior courts. In the superior courts the defendant had always personal notice of every suit against him, either by arrest or service of the copy of the writ, and consequently' can communicate with his intended bail ; the offering of bail, there fore, with whom the defendant has had no communication, WAS upon the very face of it objectionable and suspicious. But in foreign attachments it is necessarily implied, and indeed general lyis-the case, that the defendant is out of the kingdom. In the present instance, the defendant is at St. Croix, and Ins wife in prison in } ranee. How, then, were they to communicate with freemen resident in London ? Indeed, had Capt. Heyliger been upon the spot, he must have employed some such friend as-31r. Kipling to procure bail to thLse attachments, as, from his habits and situation, an officer of Dragoons, he was not. „ likely to have much acquaintance with freemen of London.— The rule laid down by his learned friend, if strictly acted upon, would therefore prevent, in most cases, the possibility of giving bail at all. The rules of the superior courts were not necessarily binding, especially upon a process that has no similarity - with any of their proceedings, upon a court of local jurisdiction.— In this case the bail were authorized by Mrs. Heyliger ; and a wife, under such circumstances, ought to be considered as the proper agent of her husband, especially as the greater part of the property in question consisted of her own wearing apparel ; and she was ready to swear, if necessary, that she has acted in the arrangement of her husband's business since his absence, and that he has a just defence to the action. No injury could accrue to the plaintiff's by accepting the bail ; they were ac knowledged to be solvent to the amount, and the rapid progress of the proceedings of that court would render them liable for the payment in a very short space of time, in case of a verdict. Mr. BOLLAND, in reply, said the acceptance of bail would place the plaintiffs in a worse situation than they stood at pre- . sent; inasmuch as they now had their remedy both against the goods, and also the person of the defendant; whereas, if bail were taken, they would lose one part of their security, viz., the goods, and get the personal remedy only.. The COmmON SERGEANT, in gi, ing his judgment, said, that as the rules of that Court differed from those of the com mon law, it was of importance to take care they were not impro perly- extended. The Court was therefore bound in its deci sions to keep strictly to the custom. By the custom, the de fendant and the garuislee were entitled to give bail within the space of one year and a day ; even after judgment had, and af ter the goods had been seized and the appraisement made ; and the plaintiffs were bound, upon payment of their claim, to re store the goods or the value to the defendant. The defendant's claim to give bail, therefore, was undoubted ; and the only question was, whether bail was now properly offered. The rule in the superior Courts was for the purpose of preventing impro-. per bail, or such as might be put in for the mere purpose of liti gation. In this case no objection was made to the sufficiency of the bail ; and the wife being a party to the transaction, it did not appear to him that the object was mere litigation. Ilis judg ment therefore was, under all the circumstances, that the bail should be accepted. THE LORI) MAYOR AND CORPORATION OF THECIT-Y OF LONDON V. .sr M. BUTTERWORTH. This was an action brought by the Corporation of the City of London against the defendant, who is a contractor and master scavenger, to the parish of Ald gate, and an extensive district in the City, to recover the sum of 81. 14s. for tolls charged to be due to the plaintiffs. Mr. BoLLAND and Mr. .ARARIS were for the plaintiffs; Mr. NORTON and Mr. BARNAItD for the defence. It appeared that the City have a toll at Bishopsgatc-street, and other streets entering into the City, where a toll of 2d. is demanded on each load of goods entering into or returning out , of the City, that is not the pre.nerty of a - non-fre?rnan ; a free man, .5f the name of Townshend,. had the contract for the col lecting of the tiust of the parish of Aldgate, an extensive. nict under the Control of the Comoli,sioners of Sewers and Pavements. In Midsummer 1420, th,.! pr , s2nt defendant, who 'was at that time a non-freeman, • soc;:c.:oed to the contract, but being liable to a toll of 2d. :upon each load.on the numerous carts which he had daily passing and-:Lpi.sslng, he retained the name of Townshend upon the'carts fen than half a year until he had taken out his freedom, which ‘vould protect him. The fact of the change of oWnership having been discovered, the Corporation now sought to recover the amount of the tolls for the half year that the carts had pass4l and repassed under the name of Townshend. • - . Thomas Bushnell, the. City .Comptroller i who was erigaied in letting the right of taking the City tolls; deposed, that the right of taking the prescriptite toll at diishopsgete was let to Thomas Smith for three years, at a rental of 3,0004 per ann. The right was a prescriptive one, and the witness had never known it contested. -Thi.Collector of the Tolls for Mr. Smith proved, that from. June 24, 1820, to January 14 following, the-defendant's carts passed and repassed constantly each day. He had 21 carts which passed upon an average six times (men day. The toil on each load was 2d. From the average taken, it was deemed that the defendant had evaded, from the 24th June to the 14th of January,. 1844 tolls. The Clerk to the Commissioners of Sewers put in the Con tract by which the defendant had held the right to collect dust for more than half a year, which he had collected in the name of Townshend. A witness was called, whOproved, that when fie went to make the demand upon the defendant, on behalf of Mr. smith, the • former admitted it, and merely objected to the amount. Mr. Nowrom, lbr the defendant, obl,,cted that the action }vas not Maintainable in that. Court, as tie Lord Mayor, who presided and gaze : judgment, was tne..pLintifi, and had ap in terest in the case, as had also the Jury, - - r ilo were bound by. an xmth to defend what the Corporatiop • cteerned its prieile :z.. The Co i:RT gave it as their opinion,: that this point was de. •cided before the House of Lords, in .the as of " The Corpo - against Mathews," given .in iflr,wri'6 Parliamentary Reports.'.. Mr. NORTON' submitted that that was a very different case, inasmuch as there was nothing which might be tried before a 4Tury. He cited other cases, which were posterior—that 'of " Wood y. the Mayor and Corporation," in Ist ;Sakyll, 397 and', 1269 ; in the Ist Modern, and in the Ist Strange, 639, where Lord flawkesbury went so far as to say that an Act of Parlia.• ment which went to make a man a judge in hiS own case would be null. The objection was argued at great length, but ulti mately overruled by the Court. 'rise LeattiedCounsel made two other objections, namely—that the Lessee ought to hav e been the plaintiff; and that sweeping or refuse was not goods, ware, and merchandise, within' the meaning of the case. - They were both overruled by the Court. • The Comstox SERGEANT charged the Jury at consid e rable length, that they must. find for the plaintiffs, and the Court Would reserve the points. put by the Learned Counsel, than they rnight be . considered in a manner adequate to their importance. The Jury found a verdict for the plaintiffs-Damages 81. 14s. subject to the decision of. the Court on the points reserved. • MIDDLESEX SESSIONS, OCT. 23. RlOT.—Thomas Mahew, James Draper,.John Smith, wa liam Scott, .John Barnes, and, Mary Plumb, were indicted for a riot on the night of the 10th of September. The defeirdant John Barnes was not present, having been since the disturb ance apprehended as a deserter. On the part of the prosecution , about half a d )zen watchmen were examined to substantiate the case against the defendants, and it appeared by their evitlenc A '' that -a number of dustmen had assembled between eleven and twelve o'clock at night, in Bidbury-street, Burton-crescent , tj celebrate a wedding, and were, according to their own fashion, ringing their dustmen's bells to the great annoyance o f the whole neighbourhood. The defendant Maliew was a tradcsnl kin residing in the Old Bailey, but was present on the occasio n ' When the watchmen came up, they met with riery treatment. Some were knocked down, and others recelv, very violent blows in various parts of their bodies. female defendant was observed to he peculiarly active e resisting the watchmen : while they sprung their rattles the dustmen were ringing their bells, and completely drocrne u the sound of the rattles. The defendant Scott was heard t° say that he would knock down the first b•--y watchman that offered to interrupt them. The defendant Mahew was particu larly active in exhorting them to resist the watchmen. He said to the dustmen, while the watchmen were endeavouring to de their duty, " D—n their eyes, they are all a parcel of old crawlers, pitch it into them, and you will do for them all in five minutes." At another time he was heard to say, when.the Watchmen were dragging some of the men to the watch-house, " Oh, poor devils, let them go," and pushed arnong When the dustnien were in the watch►house Mahew 'addressel the - mob, saying, " D—n.youreye3,:, break the door opt 0, and pull down the watch-house ; you-arc no men-if you don't. There was at that time a great crowd about the watch-hous e ' and Mahew was exhorting them to interfere on belndl of the men. Mr. WALFORO spoke in defence of Malley', and called three witnesses, who proved that they were present with Ilahew 0 0 this occasion, and swore that he never uSed*the expression' puted to him. Illahew, instead of exhorting the people out the watch-house, went into it, and remained there for 7 or "• minutes. The Jury acquitted - 31ahew, and found all the other prisoners guilty. Draper was ordered to be imprisoned for one m onth, Smith 14 days, Scott 7 days, and the fe►nale was discharged on paying a fine of Is. SURREY SESSIONS.. JUVFNILE THIEF .—John Donovan, a child, aged ni ne years, was indicted for stealing a .piece f , printed cotton. (N u ' the shop of Mr. Jersey, linen-draper, .31ount-street, Lambeth- The prisoner Was seen running down Oakley-street, with a bag , and on being stopped, lie flung away the cotton, which was picketi up. by an accomplice, who, on the pursuit becoming h ot ' dropped it also. , .. 'lhe prisoner acknowledged taking the cotton, but - said it vm . ° his first offence.—Guilty. . The CuArukAN said, there could be no doubt -. he l'f° leagued with a gang of thieves, And to break the counecticiii.:: Sentenced hith to six months' imprisoinnenty and .to be twice privately whipped. COURSE OF EXCHANGE, October 23. Anistetdam Ditto, at Sight Rotterdam Antwerp l2 9 Hanilmrgh 3-1 0 qiI, J , Al lona °s Paris, 3 I)ay's sight 25 70 0 1 . 13. Ditto Bourdeaux, ditto • w; 4) . 0 Vs-. Frankforton the pain Madrid , re Cadiz 36 F.lf , '''''. a Bilboa 354 F.:Uda e 11arceluna ieville Gibraltar 3o4} _ . Leghorn Gel 4/21 .. 431-Venice, ital. Liv. 27 60 Haifa 45 -Naple,, 391 1184. per 0.1 , Palermo Lisbon Oporto Itio.laneiro Dublin 81 Cork 9 per Cent. BULLION. Portugal Gold, iu Cnin aper OP Foreign Gold, in Bars Nftw Doubloons ..... New Dollars Silver in Bars. Standard 17 10 i .0 4) 0 .0 4 9i . o 4 1 0 . BIRTES. of Qn the 22d inst., in Upper Seymour-street, the -'- of Robert Westley Ball, Esq., High Sheriff of _Essex' daughter. fa il° Last week, the wife of John Russell, of Weynwutba o r L:st child, being the fourth in eleven raenths, having 34 birth three children.• • • MARRIED. • % ' e f On the 22d instant, at St. Martin's Church, 31r• ,btel Parwise, of St. Martin's-lane, to Vranccs, eldest ctit i " Charles Balmer, Esq., of Albemarle-strat, Yicraa )10 On Thursday last, at Leeds, Mr. (-iranger; solicitor, ','"Dvsou, Mary Thompson, one of the nieces of Mr. Richard Tiw' of Pontefract. -------- DIED. • ' a te fo At Hammersmith, Mr. Samuel Malieson, surge' )l '' '. Mill-s.treet, Conduit-street, a•-cd :LB. gal/ On the :?Ist inst. at Marshall's, near Rumford, EsseS' 't, Eliza, v;ifo of Mr. Rowland Stuohenson, of Lombard-sire , . o f Yesterday morning, the inf,:ait son of Mr. ‘I • 13- 11L'c'' Stamford-street. • _......te • -- Printed and Published, tierthe PROPRIETORS, at the tl5 OIFICE, 112, Strand, by J. Ii..C.A.AsTAigS•