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

THE LONDON JOURNALS. D0,11 , Y EXTIIACTs FROM 'nu , . 3ioRNING PAPERS December 12 . [ru .Trstrs.l The Gazette of last night announces the day,. about:which inquiries were beginning to be made Niith some anxiety, when Parliament is to meet for the dispatch of business; and that day is Tuesday the sth of February.—The same Offi cial. publication .also presents us With the new appointments, which do not indeed vary at all frorn what conjecture had previously fixed them. '.l'he'..Duke of Montrose is transplanted from the Mastership of. the Horse to the Lord Chain berlainship ; and the space which he has left va cant-is to.be filla up by the Duke of Dorset, now Master of: the Ttorse,. Lord Cholmondeley having resigned thet) . .,ord Stewardship of the Household, thar.;:situatiou js . to, be. occupied by Marquis Coninghtukt,,T&Duie.of Dorset, Lord Conyng,- haJrvand, Mr ; ,Goulburn have been sworn of his - .Majesty's •nost Honourable Privy Council. The most important Qf all the appointments, no doubt, is Alsat.of the .Marquis Wellesley to the Lord Lieutenancy of, Ireland.. If his Lordship is to he unfettered. in., the exercise of his talents. while governing that kin,gdorn i . we have strong hopes that,he_ can, or:: at least we knout that her could once have done much for the improvement of its condition. But as. the human faculties are some times. known to . expand as circumstances of vast import arise whiCh demand their exertion, so they may likewise contract, and become enfeebled, not,only by increasing years and those habits of indolence which the want of adequate employ ment for a great and active mind is apt to produce, but . also by narrowed fortunes. There is a vast difference in Lord Wellesley's situation, as ac cepting office. from the present Ministry, and as affecting,. did some years ago, and which he had a right to to form a Ministry of his own, and to assign every department of State to its appropriate occupant, himself being Chief. If his Lordship is only to govern Ireland upon those principles and within those bounds t Mr. Peel, for example, prescribed to- him while he was the efficient person in that kingdom ; if he is only to govern it up to, or ra ther down to, the political views which such a . man as the official Secretary sent out with him may entertain, or have adopted ; then are we sure, however the splendour of the Vice-regal dignity may, suit his Lordship's taste, or its salary aid his finances, that lie will ulti mately regret his acceptance of the office. will put a case for his Lordship's con sideration :—We have no doubt that Mr. Peel will discharge all the de ties of the home Secre tary of State to the very best of his talents — with the very utmost exertion of his zeal and in dustry. Would Lord Wellesley, we ask, in any future changes and transplantations of Ministers, be content to accept the situation of Secretary of State for the Home Department, on condition that he administered it in the very manner that it had been administered by Mr. Peel, now, we will suppose, become Foreign Secretary ? Or, if he so accepted office, would he be in a condition to render his country as efficient service, as if he had brought his own 'talents, unfettered by rule, into the new situation ? Would he not be a fol lower of Mr. Peel in more senses than one ? And as every copy is weaker than the original, would he not be even less able to benefit the State than his prototype ? Of what use are extraordinary talents, if they are to act only in pistrina? Of what advantage is a gallant old hound in the pack, if he be whipped from the scent whenever he attempts to lead, and brought into the rear of the yelpers and ,babblers ? [NEW TIMES.] The news from Ireland is upon the whole more satisfactory than it was a short time s ince. The resident Gentry and substantial Yeomanry have begun to unite for the protection of their own lives and property : the soldiery have in two or three instances been sent into the disturbed districts, and the appearance of so small a body as twenty has sufficed to spread alarm alnongst the robbers who had previously carried on their depredations with impunity. Several of the par ties implicated in the late murders have been ap prehended, and will be brought speedily to trial; and little doubt can remain but by these united exertions an end will be put to the scenes which have lately excited so much horror. In the meanwhile the arrival of a new Lord Lieute nant will tend to give fresh animation and vi gour to the efforts of the friends of order. Justly respected as the Nobleman is who for• the last three or fdur years has held this high station ; yet the mere circumstance of a chano-e and the uncertainty what new measures his successor may adopt, will thraw the disafft cted into con fusion. The talents of the Marquis Wellesley, too, are universally acknowledged to be great ; the characteristic of his administration of Go vernment is known to be vigour. Much will be respected from his exertions ; and the expecta tion alone will doubtless furnish a strong incen tive for him to apply the whole powers of his •vaaind to so arduous a task, lie will not commit the vulgar error of confounding vigour with vio lence ; .but if force should be indispensably ne• cessary'in the outset he will know that in the future: stages of his undertaking, laborious inves tigation, deep reflection, and the judicious advice of the wise, moderate, and experienced part of the. resident community can alone enable him to 'pface the tranquillity of the country on a firm basis. [MORNING POST.] Important intelligence *reached us yesterday ftom Pernambuco. It was brought to this coun try by the ship Titus, which has arrived in the Downs; the letters and papers by her h ave not all yet been transmitted to London. The dabs of those received are to the 25th of October, and they must be the latest, as she sailed on the fol lowing day. The-Revolution so often attempted, and as often prevented, at Perna mbuco, has at length been accomplished in a manner which leaves no doubt of its being entire and per manent, as the yoke of Portugal has been spontaneously thrown off by the Civil and Military Authorities stationed at that place. — It appears that the Portuguese Governor Bar retto had used every 'exertion to augment the military force in Pernambuco and its neighbour hood, notwithstanding which he had been re pulsed in several engagements, and at last finding all efforts unavailing, had abandoned the town, and was followed by a great number of European Portuguese. The Revolutionists entered Per nambucoimmediately afterwards, and established a National Government in the place for the whole province. It is evident, therefore, that the Go vernor lately sent out from Lisbon will arrive too late to restore the authority of the Mother Country over its former vassal ; and it is more than probable that the successful establishment of independence at Pernambuco will excite a Spirit of emulation in all the other provinces, and may ultimately lead to the total emancipation of the Brazils from their connection with Portu gal. Advices have also been received from La Guyra to the end of October. Nothing very important had occurred subsequent to the cap ture of Cumana, 'but the news of the fall of Lima, which had been announced, had given the utmost satisfaction, and the letters state that at no pe riod of the long contest had the Patriots been in such high spirits as at the present moment. It was confidently anticipated that all Brazil would join in ,the Revolution which had ,extended through all the possessions of Old Spain in South America. • • [MORNINGTIIERALD.] Whilst on the topic of opening new sources for the trade of the country, we would call attention to the vast sphere now open along the shores of South America—a sphere expanding more and more every day. To the independence and union of New Granada and Venezuela, may now be added the opening of Lima and the approael , ;ag conquest and independence of Peru. The untry of General San Martin is described as a march of triumph ; he appears resolved to conciliate the inhabitants ; and by his Procla matioir, addressed exclusively to the Ladies of Lima, spews that he is master of a more winning gallantry than that of the sword. — Nothing, we think, could be more opportune for England than this change in the condition of the South Americans. Where is the corner of Europe, even those countries most indebted to the wealth and arms of this country, in which there is not the most decisive inclination to exclude British manufactures ?—for instance, Spain, Portugal, Prussia, and Russia. This exclusion, however, would be comparatively unfelt, with such an outlet as South America —receiving English ma nufactures of all kinds, and giving in return wool, cotton, hides, rice, and a variety of other produce. I - MORNING CHRONICLE.] • It is understood that Clerks in the Public Offices are not in future to succeed according to seniority, but that their advancement will be re gulated by a Ministerial sense of their claims to promotion. Under such a state of things it is not difficult to foresee what qualities will prove the best recommendations to the favour and pa tronage of the heads of departments ; supple ness, sycophancy, and servile, blind subser viency will be the grand requisites, and unfailing roads to preferment. Ministers are indebted to the malignity of 44 John Bull " for the hint, land we trust that they will have sufficient can dour to acknowledge the obligation. It has re cently been discovered that some stubborn scions of independence have struck root in the very atmosphere of corruption, and this measure is adopted in order to eradicate such unwelcome intruders. But thus it is that weakness, suspi cion and injustice are ever inseparably associated! We have learnt so much of the scale of the re ductions, as to be assured that they will fall heaviest on those who can least afford them ;, but this was to be expected from our rulers, who in variably proceed in an inverse ratio to true policy and humanity. , r BRITISII PRESS.] We have received Paris Papers of Saturday last. The sitting of the Chamber of Deputies on the day preceding offered nothing that deserves particular. notice,- the proceedings having been confined to the appointment of Committees by three of the bureaux for the discussion of the law of finance. The silence of the Paris Papers in this particular occasioned us no small share of disappointment, having been prepared by a state ment in another Morning Paper, purporting to be intelligence received from Paris, to expect a " lively debate" upon some topic of general interest. We fit.(l in these Papers a copy of an Address said to have been sent to the King of Spain by the Clubbists or Liberals of Madrid, requiring his Majesty to dismiss his Ministers. The -address is couched in terms somewhat - too euergetical, in avowing a hatred to despotismOo be consistent with the respect due to the Sovereign', for the ad dressers do not hesitate to insinuate that his. Ma jesty has evinced an inclination towards that species of government against which - they so ear nestly express their hostility. We very strongly suspect that this address is a foxgery, framed for the purpose of exciting an odium against the Consti tution of Spain,and all who assisted in establish ing it., Of this the address itself offers intrinsic evidence ; but we have further to remark, that as the ordinary courier from Madrid arrives in Paris only on Sundays and Wednesdays, every article of intelligence purporting to be derived from Madrid, which appears in the Paris,Papers on any othi2r than the, days immediately succeed ing the arrival of the ordinary courier, is to be re ceived with great suspicion. This was the caution which the ilioniteur gave to its readers at the corn mencement of the Spanish Revolution, to guard against the supposed fabrications that occasionally appeared in the ultra-liberal Journals of the French capital, and we think it prudent to bear the observation now in mind, for the purpose of guarding the public against the equally injurious falsehoods of those Journals which in the other extreme pass the bounds of moderation, in as serting doctrines that are opposed to the progress of liberty and happiness. LAW INTELLIGENCE. VICE-CHANCELLOR'S COURT, DECEMBER 11• MACKENZIE V. MACKENZIE. The point at issue in this cause was whether certain snms• devised in a codicil to plaintiffs, to whom legacies had been left in the will, were to be added to the legacies, or s ubstituted fo s r them. Mr. William Mackenzie , the testator, had made hi will in England, and had afterwards added a codicil in Florence, where he died. In the codicil he stated that he had made a will of which he did not recollect the date, and confirms every part of it. In the will he had left a specified sum to his reputed son, Alexander Mackenzie, by Margaret Lincoln, to be paid to him on his arriving at the age of 24. . He had also left speci fied sums to his sisters, his nieces, &c. Theresidue h e had de vised to his brother, Lieut.-Colonel Mackenzie, (of Fairburn, in Ross-shire,) if he should survive him ; if not, he had directed the residue to be divided among the other legatees. In the co dicil he left the same sum to his son, and to the other legatees, but with some variations respecting the payment of interest. — The present suit was therefore brought by the legatees, against Lieutenant-Colonel Mackenzie, to obtain payment of the lega cies comulatively. The VICE-CHANCELLOR gave judgment this morning in favour of the plaintiffs. There was not such a similarity in the devises as to induce a belief that the testator had intended to substitute the legacies deviied in the codicil for those devised in the will. EX-PARTE CARROLL IN RE HOWARD AND OIRRS. Messrs. HART, BELL, MONTAGUE, and ROSE, successive ly argued in support of the 'prayer of the petition, which was, that the Court would direct the Commissioners to admit to proof the petitioner's debt 013,2071. The VICE-CHANCELLOR repeatedly interrupted the Coun sel, and said the course of argument assumed was not relevant. The sole question was, whetner the Commissioners had done right or not in refusing to allow the debt of 13,2071. on particu lar bills produced by'Mr. Carroll, when Mr. Carroll refused to answer their question, " When another account between him and.the bankrupts, open and still subsisting, had been last ba lanced ?" The general principles respecting the gOin,g into an investigation "of all accounts before any specific debt could be admitted, had nothing to do with this question. The CoMmis sioners had exercised their judgment most soundly upon this occasion, in refusing the debt till the question should be an swered. There was no declaration by Mr. Carroll that the ba lance of thd subsisting account was in his favour. , Mr. HortNE applied to the Court for an order that Mr. Car roll should pay the expences of this proceeding before the Court —first, hceanse thejudgment of the Commissioners had been improperly appealed against ; and, farther, because the petition contained nothing but what was irrelevant, and calculated to-cast imputations upon Mr. Shaw. M essrs..TRESLOVE and BLARE supported the application. Messrs. HART and M ONTAGUE contended that the question of costs should be reserved, and that the petition should not be dismissed, but an order made for. Mr. Carroll to go again before the Commissioners. The VICE-CHANCELLOR dismissed the petition with costs, without prejudice to Mr. Carroll's right to go before the Com missioners And prove his debt. COURT OF KING'S BENCH, DEC. 11. Sittings at Nisi Prins, before the LORD CHIEF JUSTICE. BOUTILLER V. THICK. This was an action upon a bill of exchange for 1001. The plaintiff sued as trustee of a certain Society called the " Na tional Union Fire and Life Insurance Company." The de fendant, who lived in Throgmorton-street, was an agent to the Society. It appeared, from the cross-examination of the plain tiff's witnesses, that the " National Union" was a kind of sharing company; every insurer became a member, and par ticipated in the profit or loss of the scheme. - The SOLICITOR-GENERAL called a witness to •sliew that Mr., Thick was himself an insurer with the company ; sub mitted, upon that proof, that the case was out 'Of Court. The company was the real plaintiff in the cause, and the defendant himself was 'a limb of the company; could a man be plaintiff and defendant in the same suit ? The Court would not compel a man to' be felo de se of his own interests; and the defendant (if the present action stood) would, in fact, be suing himself. The LOUD CHIEF JUSTICE expressed himself unwilling to nonsuit. The SOLICITOR-GENERAL submitted that his objection was tenable. It was not the case of one part of a company. su ing a nother part ; but here the whole company affected to sue ; and certainly the defendant, who was a portion of the company, could be no_party - (as plaintiff) to the bringing of the action; The LORD CHIEF JUSTICE said, that he would reserve the point, and allow Mr. Solicitor to move it. The Soracyrou-GENER.A,then went on to skew a set-off. The defendant, ai agent to the " National" CoMpany, had made, it appeared, sundry disbursements; and among others there was a charge of 201. for a fire alarm of most extraordinary powers. This machine; according to the printed bills circulat ed by the Company, was calculated, of its own motion (when a fire broke out), first, to wake the inhabitant of a house; next, to light his chamber lamp ; third, to tell him the precise hour of the night; and, fourthly, to point out the apartment in Which the accident had occurred ! Witnesses proved that Mr. Bignold, a director of the Coin pany,,had admitted the justice of the defendant's set-off. Me&MINE IC denied that the 'admission of one director could bind the ComPany. The Loan CHIEF JUSTICE thought that it was sufficient to put an end to the present cause. The action was brought in the name of the whole Company ; and it was clear that a part of the Company did not concur in it. A reference of all mat ters in difference to some gentleman at the bar, might pre clude the necessity of a suit in equity. The SOLICITOR-GENERAL and Mr. GURNEY adopted the suggesting - 9f his Lordship.—Referred. • BRICKNIAN V. HAM ,This was an action for money had and received. The claim was 961. • Mr. GURNEY stated the facts of the case. Mr. Brickman, the plaintiff, had the misfortune to lose Bank Notes to the amount of 961. Mr.Haek, the defendant, found the notes, and, having occasion for such an odd sum, applied them to his own use. The paper, gftting i nto circulation, was traced to Mr. Hack ; and the plaintiff; just as he was about to take legal measures, , received the following note Sir—The Bank Notes are found, and nothing but necessity could have com pelled the finder.to use them. They shall be returned with in terest, as soon as possible." Subsequently Mr. Wickman had a n interview with the defendant, and a bill at two months for the money was proposed : neither bill nor money, however was eventually forthcoming;• and the plaintiff, though with little hope of reimbursement, was driven to his action. No defence was offered ; and the Jury found a verdict for the plaintiff—Damages, 961. FOOT V. ROWLEY. This was an ; action to recover damages for slander. The defendant is an 'apothecary, and he had heen employed to at tend the plaintiff's child under the small-pox. The plaintiff, it appearedovas of opinion that drugs Were injurious under that disease, and he refused to allow the child • to take all the defendant sent. The child died, and some time after the defendant said, in the presence of several persons, that the plaintiff had murdered his child. This was the substance of the words-spoken. The LORD CHIEF JUSTICE was of opinion the action could not be sustained, there being no evidence to prove the defendant had imputed to the plaintiff a felonious intention. —Plaintiff nonsuited. RI:I/ECK AND WIFE V. SMITHERTON. This was an action of assault and battery. The plaintiffs and defendant both lived at Colnbrook, and are joint • tenants in a yard. which communicates with their respective premises.— h e dwelling-houses of the parties adjoin. each other and a pipe, conveyingthe'rain from both,, empties itself below into the yard above-mentioned. Out of the matter n of this pipe the pre sent action arose. Mrs. L ev eck, supposigthat she - had a COM. mo nable right in the rain-water,. placed a tub one wet morning to receive the contents of the pipe. Mr. Su - Atherton took this measure' by Mrs. Reveck to be u nwarrantable, and when Mrs. Reveck went to take up her tub, lie stopped lier in her course, and poured the contents of the tub upon her person. Not satis fied with this copious ablution, (which the patient, however, re sisted tooth and nail,) Mr. Smitherton pushed Mrs b . y ß a e c v ts ec o k f against the wall, and pushed the tub (her own tub too) against Mrs. Reveck. He farther assailed her with vollies of abuse, and kept up a running fire with brickbats at her, when she at tempted to retreat; and was following up his victory still bolder fury, when his son took o lurn by the ear, and induced him to abandon the pursuit. Witnesses were called to prove the plaintiff's case. Mr. DEF MAN (for the defendant) denied the brickbats; and -aid that Mrs. Reveck, who had a strong voice, and a still stronger brogue, had retorted the abuse with interest. Witnesses were then called. They made the defendant's case rather worse than it was before. MT. SCARLETT replied. The Loan CHIEF JUSTICE left the case upon the evidence. lie did not think it a case for serious damagmages 101. es. The Jury found for the plaintiff—Da SMITH V. OWEN AND ANOTHER. This was an action against the hundred of Ossulston for damage done to the windows of the plaintiff. Mr. MAR itYAI"r stated that the plaintiff, Lady Smith, was a resident in the parish of St.the George, Hanover-sq ution sare. for On the 19th of July (the day of coronation) prepara Mu ' mi were inakin at her Ladyship's house. A crowd, • however, nation g which followed h e r late Majesty's carriage, tookof- ence at the sight of tile.. proposed roicings, and broke win lowa to the cost of 201. in the mansion. • Mr. E. IJAWE S watched the case, and took sonic formal ob jections, which were overruled. . The jury found for the plaintiff—Damages 201. Ati.asoN v. D 1.7 AR. This was • an action of. assault.—Mr. PLATT opened the plead in gs.,-It appeared frOm the 'opening • statemen t. of Mr. PENMAN, that Mr. Allason is a bookbinder; living in. Bond street, and Mr. Dim a baker, keeping a.shop nearly, opposite. In the month of August last, the 4daintiff recalved a brace of grouse as a present from Messrs. Rodwell and Martin ; .and, wishing to compliment a friend and neighbour, he ,sent the game as a present to the defendant. Mr. Door took it into his head to think that the grouse were not so sweet as they might have been, and that they had been sent in order to provoke him : accordingly, without sending them back, and without re monstrance or complaint of any description, he took his horse whip, went to the plaintiff's house, and inflicted chastisement upon him in the presence of his family. - - John Martin (examined by Mr. DExxx.Ax) said, I am one of the firm of Rodwell and Martin. In August last I sent a brace of grouse to my neighbour Mr. Allason.. Late .some of the same grouse on the same day: they were good. Cross-examined by Mr. CHARLES P 11'1.1.1PS—I got six brace of grOuse: they came from Scotland. I was present at the eating of one brace, and they were very crood; - I did not examine those which I sent to Mr. .Allason I know nothing as.to the state of them. Ido think that they were high. Ali the six brace of grouse came in i box. The box certainly was in a bad state : it was full of . maggots The grouse sent- to Mr. Allason came out of that.box full of maggots. I • believe Mr. Allason did not eat them,,but gaVe them away. Joseph Baker proved the delivery of the i, , :tou - se to Mr. Don 'ie witness said, lam servant to the pktintiff, Allason.' went to Mr. Martin's house to . fetch the groUse. When they ' came, my master desired me to take them to Mr. Duar. I car ried them to Mr. Dust's house,' and gaVe them to'his son, with Mr. Allason's. respects. Mr. Duar said' 'he could not send his respects back, and asked if Mr. Allason meant to insult him. I went back to my master, and told him what Mr. Duar said. He said he would go to Mr. Duar's house, and I believe he :did so. • . • Cross-examined—Witness said, I am plaintiff's apprentice. I had not to carry the grouse far.rOttly across the street. I did smell that they were " highi" as I took them. Mr. Duar exa-. mined the grouse in my presence.. There were some Maggots in them. I should not have 'liked to eat one for my dinner.— Mr. Duar seemed to be out of humour at the Pill master and Mr. Duar were not in habits of much intimacy. Reexalnined—When I brought the grouse' from Mr. 'Mar, tin's, my master did not examine their_ state ; be desired me to take them away to Mr. Duar. Henry Wicks (a boy) said, I was passing down Bond-street on Friday, the— August. When I came near Mr. Duar's house, I saw Mr. - Duar standinc , at the butcher's shop next door, with a brace of grouse in his hand : he was . swearing ;_ and he said, " I will horsewhip hum if it costs me 1001." Mr. Puar then went into his own shop, where Mr. Allason was. Mr. Duar went into the parlour and laid the grouse down; and then he took a whip out of the corner of his shop ' and thrashed Mr. Allason until the whip broke.. The whip looked like s bunting whip. Mr. Allason, during the beating, stood as quiet as tie could. After Mr. Duar had.done horsewhipping Mr. AllasoO, he said he would shew every body what he had done it for. Ile then fetched the grouse back out of the parlour,and (after horse whipping Mr. Allason a little more) threw them into the street. Cross-examined—l live with Miss Cooper, the - dress-maker, and was going to Piccadilly when I saw this quarrel. There was some person present besides the parties and myself. RiChd. Young corroborated the testimony of the last witness. Mr. CirwaLEs PHILLIPS addressed the Jury on the part of the defendant. WitneSses were then called as to the condition of the grouse, who exhausted, in stigmatising them, the whole vocabulary of reproach.' Mr. DENmArr replied. The LORD CHIEF JUSTICE, in surnmin7 up the evidence, Said that much would depend upon the sending of the grouse. If the jury thought that they had been sent bona tide, and that the defendant had been mistaken in supposing himself insulted, then they would give such -reasonable damages as might com pensate the plaintiff for the injury be had received. If, on the other hand, the jury believed that the present had been meant as a provocation to the defendant, very small damages (his Lordship thought) would be sufficient. Verdict for the plaintiff—Damages 251. COURT OF COMMON PLEAS, DEC. 10. Sittings after Term, before Mr. Justice PARK, and a Special Jury. DIXON AND OTHERS, ASSIGNEES OF ADLINGTON WAITIIMAN AND WILLIAMS, LATE THE suEtturs or TILE COUNTY OF MIDDLESEX. This was an action to recover the value of goods, the property of the bankrupt, sold under an execution by the Sheriffs. The ground of the action was, that before the taking out of the exe cution. an act of bankruptcy had been committed by Adlington. Mr. Serjeant PELL stated the case to *the Jury; and, to prove it, adduced the following evidence First, the servant of the bankrupt, who proved that his master had ordered himself to be denied to a person named Smith. :Witness denied his master accordingly; but could not say what was the state of the account between him and Smith at the time. Mr. Pope, a solicitor, proved that before the issuing of the execution, Adlington came to him and told him that he was in very embarrassed-circumstances; and wished that he would per •suatle a person named Mitchell, a client of his, to become his (Adlington's) bail, as there were several writs out against him, and he was afraid to go home to his house at Tottenham, lest he should be arrested. Witness added, that on more than one occasion he knew Adlington to have absented himself and slept from home, to prevent his being arrested. Mr. S.Smith, a salesman in Spitalfields market, proved that several bills were made payable at his house, drawn by a person named Mathews, and accepted by the bankrupt- They ex ceeded 2001. in amount. In his cross-exanunation, he said he did not know the bank rupt, but lied on more than one occasion received money from Mathews to take some of' the bills up. • • Several Notaries' Clerks proved, that they had presented bills (exceeding in the whole 1001.) drawnlby Mathews (the petition ing creditor), and accepted by Adlington. None of those bills were paid. The Sheriff's officers proved the execution of the writ. The whole of Adlington's property, household furniture, Wilding materials, &c., were sold, and produced 6191. Two or three brokers were now called, who had valued the property at somewhat more than it produced : one at 7351. 10s.; another at 7321.; and u third at 6981. Ms.—This was the plain tiff's case. The answer to it, on the part of the defendants, by Sergeant LENS, was twofold—first, that no act of bankrup tc y had been proved ; and secondly, that even if it had, the debt of the pe •titionitiub creditor was not a bona fide one; the b i ll s which he had drawn on Adlington were accepted merely as accom modation bills. The .Learned Sergeant called no witnesses to prove either of these ; but contended, in his address to the 'Jury, that both points might be inferred from the evidence. for the plaintiffs—the first, from the probability that Mlington had not remained from his house for fear of arrest; and the second, from the circumstance of the witness, Smith, having received money to meet some of the bills front the drawer, Mathews. The Jury, after hearing the case summed up by the Judge, were of a different opinion from the Learned Sergeant on both points, and found a verdict for the plaintiffs—Damages 6191. There were two other special jury cases tried, but neither of them of any interest except to the parties. The Sittings in Middlesex ended to-day : the London Sittings will be resumed to-morrow before Lord Chief Justice Dallas. OLD BAILEY, Dcc. 11. ROBBERY IN BERKELEY-SQUARE. Richard Jago was this day again put to the bar on another indictment, charging him with stealing a silk pelisse, the pro perty of Wm. Ord, Esq. ; and Mary Beck was again indicted for feloniously receiving the same, knowing it to have been stolen. The evidence adduced was similar to that of yesterday, and the Jury acquitted Beck, but found Jago Guilty. The prisoners were again put to the bar on another indict ment, charging them as before, but calling the article a cloak. A similar verdict was again returned. They were again arraigned on anothst indictment, but Mr. Cunwoon declined calling evidence, and Mary Beck was or-. dered to be discharged. THE CASE OF MR. SAXELBY. Application was this day again made by the witnesses against Saxelby, tried on Saturday and acquitted, for their ex- ' penses. The CoMsiow SERJEANT intimated, that he would not al low them until he had read over the affidavits now produced, and consulted the Chief Justice on it. In answer to a question as to whether the witnesses were to stop in town until the point was decided, he replied, that the expences would be paid to no one but the witnesses themselves- MIDDLESEX SESSIONS, DEC. 11. Elijah Pinkney stood indicted for attempting to invite Wm. Goodman and John Brown to commit a robbery. It appeared that prisoner was a parish constable, and on th e da y stated in theindictment, he was with Goodman and Brown at a pub lic house in Cripplegate; when he advised them to rob a warehouse in Goswell-street, a place he was well acquaint ed with ; he told them there would be no difficulty in open ing the place, as there were no fastenings or bolts on the inside ; he gave them a fall description of the property and , remists, promised to- keep 'some boys who there, in playing dominos till they effectA the robbery. The , noWcYnr, instead of committing - the robbery, gaVe _awn at Worshiti-street, and Armstrong and Manu s the WE.; cers, instantly came, and found the prisoner es described, when they took him into custody" The Jury found the prisoner Guilty, and the Court sentenced him to Twelve months' impri sonment in the House of Correction. THE WEATHER. Extract from a METEOROrOGICAL Jount.t.tt. for NoViir- BER, 1821, kept at the OBSERVATORY of the ACADE3II4 GOSPORT. " This month has been very wet and windy ; and the tem- . perature of - the air high for the season. In the course of the month rather more than 5 inches of rain fell here: a depth un precedented in any monthly period durine the last seven years, and of which about 4 inches were received in the pluviameter in five days, namely, on the 3d, 0-63 inch, 11th, 1-42 inch, 16th, 0-90 inch, 17th, 0.74 inch, and on the 30th, 0-30 inch. So copious and frequent have the rains been since the autumnal equinox, particularly in the western parts of the country, that the lowest lands have long lain under water. It has rained, more or less:, on 23 days (or ten whole days and nights) this month ; and the strong southerly and south-westerly gales with which it has been accompanied have had their usual ef fees Upon houses, trees, and shipping. To show the perturbed state of the air, it is only necessary to tiintion that the barOmeter has undergone 29 charges in.3o days ; and the number of gales, or days on wWch they have prevailed, is as follows :-1 from SE. 5 from S. 12 from S.W. 2•from W. and 1 from N. W'. ; so that 21 days have presented a Melancholy aspect of the Weather. The mean temperature of the air is V. deg. higher than the averae temperature of November for the last 7 years ; and having had but. two slight frosts this mouth, the temperature dfx spring water falls very slowly. " The atmospheric and meteoric phenotrena that have come Within our observation this month, are 1 anthelion, 1 pailtelloa, • 1 paeaselene, 5 solar, and 4 lunar halos, k! . , inet-zors, 2 perl4: rainhonie, lightninge2, thunder 1, • and 21 gales of wind. '.The planet Venus may now be seen with the naked eye, 711.17 afternoons, a few minutes after three o'clock, when on or near the meridian. She was so conspicuous, last Thnrslay, , th 4 29th of November, at three p.rt. - as to be measured with a sextant, when her thatance from the sun's centre was found to ,be 43 kiek 10 min., and she will not arrive at her greate3t elongation before Christmas Day." NEWCASTLE PHILOSOPHICAL SOCIETY. At the monthly meeting of the Society. on Tuesday the 4th instant, a letter was read from -THoMAS COATES, Esq. stating some curious particulars respecting the disinterment of the Mummy, and correcting a mistake which had crept into the papers, of its having been taken out of the Royal tomb, at Thebes. In the course of th is com mu n ication, which Was a very interesting one, Mr. Coates pointed out several particulars in. regard to the size and configuration of the skeletons found in -those ancient sepulchres, which would seem to indicate the Egyptians to have been a people of Indian, not of Ethiopian, origin, as has been alleged by, some late writers. —ln the course of the evening Dr. Clamiy, of Sunderland, pre sented to the society the oriinal safety lamp, with which he maee his experiments in the coal mines. Now, when the party spirit which blinded the-.discretion of the several gentlemen engaged in the controversy respecting the safety lamp litt.a subsided.; it gill not be denied that Dr. Clanny was the first to direct the at— tention- of the - philosopher, and the owners of coal mines, to the consideration of the important subject of providing a light to - the laborious miner, adequate to the purposes of his- occupa tion, unattended by the dreadful consequences which have too often taken place, by the hitherto unavoidable use of 'candles- Although lir. nanny's first ant was not exactly • such a. lamp as the miner could make use of without assistance, it clearly proved the possibility of providing a light which might be used itithout danger of exploding the gas that might be accumulated ; and so confident-was he of the.safety of the principle upon which it was constructed, that he many* times ventured his life in situations in the mine, when, under ordinary circumstances, explosion must have taken place,. in order to satisfy those for whose benefit he was labouring.that no selfish motive -operated on his mind, but-that he was actuat ed only by an ardent desire to prevent or less2n.the dangers to which they were, from the nature of their eniployment, un avoidably exposed. It is not our intention, and we are sure it is not the wish of Dr. Clanny, to detract from the brilliant dis covery of Sir Humphry Davy, .or the w€ll-earned reputation of Mr. George Stevenson ; yet it is but justice to state, that' his exertions on behalf of the' n' f iners, and in the cause ofliu manity, gave the first impulse to that inquiry which has been attended with such extraordinary and happy . effects. — We were much pleased to observe that a greeter nut - alp:x. o f members were ballotted for than at any meeting for many years past, and also a numerous list of candidates for admission. We rNnrd this as a gratifying 19roof of the past' usefulness cf this valuable institution, as well as, of the now rapidly increasing importance which it is acquiring in the estimation at the public, ;—(Newcastle Chronicle.) - COURSE OF EXCHANGE, Decruoq 11. Amsterdam .... 12. 13 C. F. Ditto,. at Sight l2 111 Rotterdam Antwerp l2 7 Hamtntrgh 3- ii 4;• tr 4 Altona . - Paris, 3 Day's sight Ditto .4 24.94.) it 1;s. ilonrdeattx, ditto Frankfort on the Ntain Madrid 'Cadiz Bilboa Barcelona 3eville •Gibraltat ' Leghorn (4,1 . a .... 11-Venice, lt at,' 1..! v. 27 (10 Malta 45 -Naples 34% Palermo Lisbon Oporto Rio Janeiro Dublin .... 8 Cork 4 per Uctit. BULLION. 35 royttigal Gold, in Coin Foreign Gold, in Bars New Doultloont New Dollar:: Silver in liars. standard . 1..0 CI 0 pc, ns• ... 17 101 0 0 ...0 4 Si: 0 4 111. BIRTHS. On Monday last, at Kensington, the Lady of Harrison Gor don Codd, Esq. of a daughter. • On Monday se'nnight, at Edinburgh, Lady Elizabeth HoPe• Vere, of .a daughter. On Saturday last, at her house in Berkeley-square, arl• William Jervis Ricketts, of a seven aim - ails' still-born son. On Sunday last, in Caosverier-pluce, the Countess of Vl' bridge, of a son and heir. MARRIED. On Monday, at Halifax, sir. Jonathan Mitcb ell to Mrs. 11 31 " nah Beverley, both of Sov.'erliy, Yorkshire. On Thursday week, NIL William N4.4 , ,0n„ of Barnsley, Yak" shire, linen manufacturer, to Sarah, second daughter or t he late Mr. John Tee, of that place. DIED. At his house at Clifton, nn the Ist inst , after a painful and lingering illness borne with much pAienee arid fortitude, Lieut.-General lohn On the Ist inst., at Ossington, in Nottinghamshire, in hol 80th year, the Rev. John Charlesworth, M.A., and late Fellovt of Trinity College, Cambridge. On the 9th inst., at Chertsey, in Surrey, Mrs. Mary Sewell, relict of the late Rev. George Sewell , rector of By fleet, it) the same county, and daughter of the, late Sir Wm. Young, Bart., of Delaford. On the 10th inst., Mr. Samuel Colson, of Upper Tbameg street. On the 10th inst., in Nottingham-place, Commercial -rot, aged 34, Maria, the wife-of Mr. Stephen 'few, of Goodmsn's yard. On Sunday se'nnight, after a few days illness, mo st sineerelY re gretted, and highly respected , Richa rd Henry Lloyd, Esq• Alderman of Winchester, aged 64 years; whose death will We mos t severely felt by all 'who had the plea sure of his acquatu f . ance, or lived within the circle of his influence. a M htg' 4- in trate, he was ever conscientious in the discharge of his dutie6s-, Y ; as a tradesman he was candid and u p ri g ht; as a friend, st-f! and faithful ; to the poor he was k ind and benevolent, coinbinn?_i_t hi s attentions to them with the mos t friendly ;:lvice.TuG s hops of Winchester, as a tribute of resp ect to so worthy a n'!: ) ", had their shutters closed ; h is remains were interred lest w ` in the Cathedral Church yard . Printed and Published, for the PItOPRIETORS, stt!lo. OFFICE, 112, Strand, by J. B. CARSTAiIt6. others. on c. 1