The Sun. — London, England, 1821-11-13 00:00:00

• .51 • • • X,10`..` ..a4 t_ // "V 4 • .'"hr Z.;l .. . ...._ 16.1: 1 ‘..-- - vra, , 1k .4 ,141, fo -4). Y ri!! , Nfic, t., —Ji. I— ' C ) L Ai -- , 7 '1 3 ‘-/ t' / / I , 6 - 1/4 1 7 / 7i4iy ( , ft- i( i Lt- NUMBER 9116.1 TUESDAY, NOVEMBER 13, 1821. PICE SEtrN PENCE. CONVE V.ANCING.-SOLIC ITO RS ticularly those practising in the Country) will find their advantage by using the BLANK DRAFTS IN CON VEYANCING di settled by Preston, Butler, Walker, &c. Each Draft (122 in slumber) is printed separately on Draft Paper, With writ irk Type, and sufficient spaces left for parties' names, P r emises, &c., which may be filled up int a few minutes. The price Is lesi than a halfpenny tut each Law folio, paper and print included. • Sold by J. Gold, 103, Sh oe L a n e, Fl eet-street, and C. Hunter, Law Bookseller, Bell Yard, Carey Street, of whom Lists of the instruments may be had gratis, of transmitted by the Post. FRENCH WINES OF THE FIRST QUALITY, AND 5 PER CENT. BELOW PRINIE CO: C. MI FLOWER, No.' 1, PALL MALL, has a .1: • Consignment of the following WINES, whicb will be on Sale. November 14th, 15th, and I 6th, and the fAlowing Days, till all he sold t Petit Bourdeanx - - Sauterne, particularly fine - Barsac - . - - Froutigniac - . - Creaming Champagne - - Sparkling ditto - - - Sillery, ditto, very fine . - Claret, La Fitte - Also, a small parcel of Old Hock, of the Vintage of 1790 - . - . 66s Applications for sample Bottles are requested to be made in the early part of the day. N.B.—Please to observe. that. F. Flower's Connting•-house is down the steps under the first house in the Royal Arcade; but the entrance is the first in Pall Mall. LAW INTELLIGENCE. mit an offence, quite unsupported in any particular by evidence, Was not in all probability acquainted with him. The Ldity ,CHIEF Jusll4—But he says, ."I know;him ; I know the defendant ,he live.at Manchester.".. Juitice BAY tk - if . —There.are sotli questions put to toe witness in the course of crogi;:kainination which implied his knowledge of the defendant; such as " Do you not know that the defendant was a volunteer ?" Mr. Bnou 011 A Si—But to these questions he gave no answer. Of course, when I hear a witness say " I know such a man, he resides in such a place," it prevents any man . from doubting on the subject. But I have it now most distinctly sworn by three persons, two of whom lived nearly opposite to the defendant— they positively swear that the sign had been taken down before the time mentioned by that witness, that there was ,no sign there at that time, nor had there been one there from that day to this. Mr. Justice BAYLEY—Was it a sign easily shifted ? Mr. BROUGHAM.—No, my Lord, I understand not. It was a sign affixed to the wall, and the party swears that he actually .saw it taken down. There was another point made at the trial, with which, if it be necessary, I beg permission to trouble your Lordships. The CHIEF JUSTICE.—AII the grounds- upon which you move for a new trial should have been mentioned to us at once. Mr. BROUGHAM.—The point to which I allude is not one which - refers to a new trial. Mr. Justice BAYLE Y.—Does the wife join in the affidavitof the defendant. • • *. thought of objecting. The experiments were necessarily not 14,4antonly made; it. was not suggested that the parties had any other view ;A making Wein than to come to a definite opinion on the point at asue: They could not be-said to be experi .nrents made for arty .general benefit to science, for they were to decide whether a gilr/en quantity of oil in a boiler of a particu larAie ands description, - heated to acertain point, would pro duce a particulat effect. These experiments were necessary to the just deteinnnation of the cause;.and was it reasonable that those who had been obliged to make them should be burdened with' the expence ? • Serjeant.TADnY, in support of his two Learned Broth erls, Subnutted that the witnesses in this case came fairly within the exceptions which the Court had estatblishedi to the allow - once of compensation for time. Medieal men did not mean strictly physicians, for physicians, ai iitth Merely, were not ex cepted. They were allowed compeniatiOn for loss of time as men of science, or otherwise there would be this absurdity in this case, that physicians would be allowed a ceimpensiition for loss of time, while other men of science, whoie time was equally important,. would be refused this compensation. Lord Chief JustiCe DALLAS.-The reason of the distinctioa appears tome to be that' a physician eannot.aopoint a substi tute; he is called in on urgent occasions, when the patient might perhaps have no confidence in any other professional at tendant. In this case the witness is a proleSsor, who is allowed a regular salary.' Serjeant TARDY—But he has pupils front. whom Its re •ceives a considerable remuneration for his skill and experience in their education. COURT OF CIIANCtRY, Nov. 11 CONTEMPT OF COURT.-SCALES V. BARLOW. The LoR1) CHANCELLOR, on coming into Court, addressed himself to Mr. Ching, and said-that after reading the affidavits in this canse he had come to the conclusion that the Court had no jurisdiction to commit Joseph, the brother of Thomas Bar low. It did not appear that the order of the Master of the Rolls prohibited Joseph Barlow, as it. did his brother, from having communication with Miss Scales. When the Court was called. upon to commit a person for contempt, it was necessary that the nature of the contempt should be expressly stated upon af.. fidavii. - Under the present circumstances he would advise Mr. Ching to amend his petition. Nir. CUING replied that he would adopt the suggestion which his Lordship had thrown out. No case of interest occurred up to one o'clock, when the Lord- Chancellor rose to attend some other public duty. 42s per dozen 63s 63s 6 is 84s 84s 96s 768 This Day were published, In one Vol. royal Bvo. price 10s., STAR TABLES for the Year 1822, for more readily ascertaining the Latitude and Longitude at Sea durin g the Night ; containing. viz.:—The apparent time of the Tran s it s or Passage over the Meridian of 61 of the princi pal fixed St ars, including the North Pole Star, to be tat:en out at sight fur tvery day of the year, without reference to any Sher Book ; also the Meridiaiial Altitudes of these Stars in every Degree of Latitude,fro►n6ol\orth to 60 Sont Itinclusive ; 4tul the parallel of cer t a i n f requen t e d s i tuat • s w i t h t h e Bearings and Altitudes of the other Stars that are above the horizon at the same time.—Also the Horary Angles, in ap parent time, of six of the Stars, to facilitate .the operation of finding the Longitude by Chronometer, or be Lunar Obseeva tStar iun—Also Tables for finding the Latitude by the North Pole for every Minute of the Night by the tuost simple opera li°ll.—Tu which is added, as an Appendix, the Equation of Time and the Sun's Declination fur 1832 ; and a description of a Temporary Rudder that may he made in a few h o urs, and PPlied to any kind of Vessel whatever, with a copper plate Engraving thereof. TIMMAS LYNSI, In the Sertlee of the Hon. East India Company. To T. TAYLOR, Esq. N 0.9, New Bridge-street, London. VICE-CHANCELLOR'S COURT, Nov. 12. AVARNE V. SAL=.„: HONIIIJHED St It, IBEG leave,to inform you, that ever since the year 1790, I had been afflicted with the Lues Venereal, which, ft um its obstinately resisting every course of medicine, prescribed by the must eminent of the faculty here, and un dergoing severalserere courses of saliveion, and twice dis charged from the Hospital with little relief, would appear to be of the most inveterate nature. In the spring of last year my oisorder had got to such a head, as nearly to put a period to my existence—l had a large ulcer on the crown of my head, one on each :inn, and my legs were broke out in a frightful manner; my right was dreadfully painful, and had been in a state of ulceration for the last seven years ; my left had also two large modes on it, was very much discoloured, and gave me such excruciating pain, patticularly when warm in bed, as nearly to deprive me of rest ; it+ this lamentable state, I was recommended by Mr. .1. Thompson, (who received Si) great a cure by them here), to take sour Leakets Patent Pills, which I began to do on the 2tth o. May ; in the course of a fortnight I began to receive benefit—in little more -than a month the ulcers on my head and anus were soundly healed— soon after, the sores om tny legs healed also; leaving, how ever, considerable discolintration in the skin, and pain in the bone of the left, which, by the blessing of God, and a little longer pet severance in your invaluable Medicine, subsided ; the nodes dispersing, the skin reg - '-•ng its natural hue, and the nocturnal pains gradually going thus became, by ,your liberal advice and medicine, perfectly free from all my former complaints—have recovered toy former spirits a ltd strength, and ant become jolly and fat, in which state having continued many months, to the astonishment of all who knew the, I ant at ;t loss in what terms to express my gratitude, but beg you, for the good of other suffering mortals, to make this my case as public as posSible, as I shall on every occa sion; in so doing you win greatly oblige Sir, your grateful, obedient, very humble servant, ALEX. MURKER. Swan's Close, High-street, Edinburgh. 11•itnesses to the above Cure:— This was a Bill filed for relief to the plaintiff from a lease of lands in Derbyshire, on the ground of the lease having been fraudulently obtained. The plaintiff' in 1816, when a young man of 21, and serving as an officer in the army, granted a lease of the farms to Thomas Lee. The lease was afterwards sold by public auction to the defendant Salt. There was no evidence that Salt had notice of any intention of challenging the lease, and the bill as regarded him was dismissed. But against the assignees of Lee, who was blnkrupt, it was contended that the plaintiff was entitled to relief. A few days before granting of the lease the plaintiff received a loan of 1001. from Thomas Lee, for which he gave his promissory note. This was urged as a ground of suspicion. Lee gave but 2001. ; Salt paid 12001. for the lease. This was alleged to be evidence of fraud, since the consideration given was not adequate. It was further stated that the plaintiff had employed no legal adviser, but trusted to 31r. Hicks, the solicitor of Thomas Lee. The VICE-CHASCELLOR 7 without hearing Counsel on the other side, dismissed the bill. The previous lending of money was an ingredient to prove fraud, but standing nakedly, as in this case, the Court could not attend to it. If a man chose to take less in the way of bargain than he ought to receive, or if he availed himself of no legal adviser when it was in his power to obtain one, the Court was not to relieve him from the conse quences of his own improvidence and negligence. There was no evidence that the plaintiff had been embarrassed, or under any restraint. The bill was dismissed, and with costs, as it charged fraud. ..... Mr. BROUGHAM—No, my Lord, it would have been impos sible for her to have done go; no particular time when she was present was specified by the witness. Mr. Justice Hot ROYD—It was said that she was present sometimes. • _ _ . Mr. Justice PARK—Suppose a clergyrnan were called on to give evidence in a cause at London, and should be obliged to appoint a curate to officiate for him in Cumberland, Would com pensation to him be allowed ? 31r. Prothonotary RAY —Yes, my Lord, under the head ,of expences. . . I%lr. Serjeant TARDY then contended that the proposition t in tThich_the Prothonotary had directed the costs to be paid was parrect. All parties had perceived the benefit of these experi ments and of the witnesses skill. The expences of a view were allowed by statute, and if it should be found necessary in any cause for the witnesses to visit a particular spot of ground for any particular purpose, their expences of gomg and returning would be allowed them. Mr. Justice BEST—What does the defendant say with respect to the sign. Mr. Bnouairam—llepointedly swears that he took it down before, and that he never afterwards put it up ; and he then says generally, that the evidence given by Evan Mellor on this subject was wholly untrue as regarded the sign, and also as to the account given by that witness as to his (defendant's) pro mising to procure for (him) Carlile's Address to the Reform ers ; that he had no recollection of ever having seen the witness. The CHIEF Jurrlcx—The fact with respect to the removal of the sign has been confirmed. Mr. BROUGHAM—It has been confirmed by three witnesses ; one of whom swears to a specific circumstance, namely, her con finement at that period wherf that sign was taken down. Mr. Justice BAYLEY—Send up the defendant's affidavit. The Affidavit was then handed up to the Court. Their Lordships having examined it, The CHIEF JUSTICE said—You may take a Rule to show cause Mr. Brougham. C Also by the same Author, pike ins., O -AR , TAd.t.S, being the Lugaritlimic versed-sines of time, reduced to Degrees, commonly called Loo. Hist NO, cal culated to everV second of time, and thereby facilitating the pPeration of finthog the Latitude by double Altitudes of the bun or Stars, and the Longitude by Chronometer. Printed f or the Author, and sold 'hy Black, Kingsbury, Par bury, and Allen, Leadenhall•street. Mr. Prothonotary RAY- The expences of the Jury only would be allowed. Mr. Sejeant HULLOCK, in support of his rule, insisted that the taxation was in every point incorrect. The case of Lonc v. De Tastet had been alluded to, Olathe was sure that no aziu inent could be adduced from it against the present motier, for his Learned Brother, who on that occasion appeared for .the defendant, would have taken any objection that could have been, even for a moment, tenable. In the case of a labourer, compensation for time might be allowed, not by law, but by consent of the parties. On principle, this demand of compensation for Dr. Thomson's time was not to be supported, for without wishing in the slightest manner to underrate that Gentleman's abilities, he thought sufficient evi dence might have been procured in London. If the plaintiffs were justified in going to Glasgow, they would, for the same reason, have been warranted in going to Calcutta. The case of a view had been alluded to, and had been properly an swered, and he begged leave to mention, that in all cases for the improper working of mines, when it tOaa necessary for the elu cidation of the subject, the attendance of men of skill, learning and experience, was always procured, and they were brought down before the Assize, and were employed in making obs.-..z -vations and drawing plans, and yet a eompensation for their time was never given. Lord Chief Justice DALLAs.-.-Theti is a class of cases re lating to patents ; are witnesses on trials concernipg their ova lidity allowed a compensation ? Mr. Prothonotary RAY had not once, during 27 years, - taxed costs in a case of patent, in which any specific experiments ;lad been made. In L'oulton and Watt v. llornhlower, the wit,- nesses had been allowed compensation for their travelling ex pences and for their loss of time. UNEQUALLED TRAVELLING TO DOVER. DEAL, RAMSGATE, MARGATE AND CANTERBURY. FOUR INSIDE COACHES, AND KEEP GOOD TILE BY RY S. A. 1 O UNTA IN and Co. SARACEN'S HEAD INN, SKINNER STREET, SNOW- • WRIGHT V. NAYLER 1)113 OTHERS. Mary Wright had forsaken her late husband, John Wright, ,of Hull, and attached herself to a Thomas Johnson, in London, whose name she assumed. She had carried wit?), her an in• fant son, John Wright. The forsaken andoinjured husband died, leaving by his will the defendants his executors. They recovered the child from this profligate mother, and sent him to a school at llorncastle ; they at the same time paid her all charges for the period she had maintained him. She contrived to get the son again taken away, and kept possession of him for some time. A bill had been filed in Chancery, and an order had been obtained to restore the child. COURT OF COMMON PLEAS, Nov. 12. John Tborepson, No. 3, New Poultry Market, Edinburgh, John M'lntosh, Old Assembly Close, Edinburgh. The subject was now mentioned for the purpose of obtaining from the trustees the expenses of the mother in maintaining her son after she had the second time carried him away. Mr. FONDLAN(IIIE supported the mother's claim ; Mr. AGAR opposed it, and stated, that Johnson having gone to America, she lived with a baker in London, and - took his name, and that she now again resumed the name of Wright. The VICE-CHANCELLOIL—Not a farthing—no, not one farthing can she have for any charges previously to the filing of the hill ; and as she can claim nothing under the will, she cannot come before the Court but brpetition for any thing sub sequent to that period. Mr. DUCKWOUTII • stated, that the charges asked were in currrd previously to the filing of the bill. Mr.'FoxELANQUE said that he was to understand, then, that a petition might be presented respecting any charges sub sequently. The VICE-CIIANCELLOR.—Yes 7 but I shall dismiss it Wit costs, if the facts cannot be materially altered. Prepared and sold by the sole Proprietor, THOMAS TAY LOR, Member of the Royal College of Surgeons, at his house, No. 9, New Bridge-street, London; while, after a constant residence of more than 40 years, in a practice parti cularly directed to the cure of Venereal Complaints and those incidental to the Parts of Generation, with that inviolable secrecy which men of his Frofession should always observe in such cases, Se Catters himself the advice and assistance he gratuitously administers to persons taking this Medicine, .will be esttc ma, by a discertring Public, as an advaLtage seldom attainable, and redd of all ambiguity. Also sold, by his appointruent,toithe convenience of those living at a distance, at the Toyshop, No. 103, Oxford-street; Mr. Disharough f s, No. 7, Fish-street-hill; Mr. Baxter, South-bridge, Edinburgh ; M►. Callwel.'s, Dublin ; and of one person in every considerable town in Great Britain and Ireland, in boxes 3fonly 2s. 9tl. each, staraped, and sealed up w►t.h full and plaits directions, whereby persons, of either SC% ma , cityr themselves with ease, cut ed. ss ertcv. and safety. Mr. Serjeant Hu LLOCK.-By requiring to make these ex periments, the plaintiffs acknowledged they had put up a pro cess (of which the defendants were entirely ignorant until the fire happened) without knowing whether it increased the or not. COURT OF KING'S BENCH, Nov. 12. HILL LONDON. [III Wowing POST-COAC IM F+, A.MAIL COACHES, &c. set front the above Inn : out " 'telegraph," DOVER., Deal, Ramsgate, Margate, C an terbury, Eeversham, and Sandwich, new Post-Coach f ' t l f Y Mur " l "4 at a f itarter past o'Clock.—ln consequence "- •tre pr,ferinee given to the above Coach, the Pro : , P , rk tori are determined no expellee shall be spared to render •' the first convevaoce on t Hat Etlll. "OM vroN, Chatham, Rochester, Stroud, Sit tingbourne and Rainham every Morning at a quarter past 7. FAL MOUTI - I, Plymouth, - Exeter, Weymouth, Dorches ter, D artmouth, and Salisbury' every in at Seven ; Honiton, Axminster, Bridport, Blandford, Basing sto4, s and Bagshot. The ‘, Union," SOUTHAMPTON, Lymington, Winches- Basing:toke New Four Inside Coach, every Morning 1.::"'ght• : • arrives at the Coach andllorsts, So uthampton, by m l! ,, ec-1 his is a most delightful Conveyance to the Isle of Cht p l t, Jersey, Guernsey, St. Maloes, Havre de Grace, to re " e ' tre '' '. l '- B ' e • The. Proptietors of the above Co 4CII hope 1,, I a continuance'of that support which has hithertt4 Ni l : experiencesinec the commencement of the " Union. with ooh V at P' and BRISTOL Flying Post-Coaches, through Chip reahant, C aine, and Marlhort;ugh, every Afternoon at tine ; arrive at Mr, May's, the Greyhound Inn, Bath, and the Ni o n r ` in i t t Tavern, Thomas -street, and the Swami, Bristol, next PI gi•--Coaches to Wells, Bridgewater, 'Taunton , and t Iv'' . lie ' UMPIRE a New LIVERPOOL Light Coach, only one ot Tlit on the Road, carrying - Four Inside, sets ottt Daily at arrives•a• t Liverpool n'ext afternoon at Seven, thiough rth'Equal, Northampton, AVelford, Lutterworth, ii chlrV, erstone, Lichfield, St one , N ewcas tl e , K nu t s f or d, W ar , ngton and Preston, SHREWSBURY, Wellington, and Shiffnal, Post-Coach every EvCning at Five.—Guarded. Tile UNION , WEYMOUTH , Dorchester, 'Wand ford,Salis. st o uY, Ant, ver, Blackwat e r, Bagshot, nit Basiugstoke new v u st Coa c h, every Afternoon. The Weymouth Packets to Prng e3r. Jersey, Cherbourg, St. IVlaloc's, &c. ROCKINGHAM, LEEDS new light Coach, sets out Mornin g , at Eight; and passes through Matlock, Big-, Eaton, Siltnn , Greetham, Grantham, Bawl re, tP auu rd, Newark, Retfotd, Doncaster, and Ferryhridge, to .'e Golden Lion, Leeds, next morning at 'Pen. Notwith asti"' nt ling the uncommon• Expedition of this Coach, it is seed to be the most aglee . able and complete Public Con - teYan ce o n the North Rmil, being unequalled by anv other. GLAsGow, Longtown, Gretna-?reen, Annan, Dumfries, au r d oW nhill, ho rnh ii , Sanquhar-Kiln, eansuock, Kingswell, all Parts of Scotland, a Post Coach (daily). Scarborough, Whitt's. Shields, Sunderland, New castle ' I b New • I tl• Ell urgh, Post 1, with a Guard I,ooUghlit out every Morning at Nine, Ity way of IZ, 4 ylis Retford, Tadcaster, Darlington, Northallerton, firth, and Berwick. Passengers finding them .e% fatigued on the journey, addrest ,yrhat time they t "case, and then procced * without anyitional Fare. ' N ug ALIR LBOROUGH and Swind on , tress , four inside Coach, is e h Aldh ourn , R ead i ng, Lambonrn, Purl on, Lyilington, IZ se 3's Wootton Basset, Ramshury, Hungerford, and New 'i l every Morng. "IDGENORTH in , Walsal, Shrewsbury, a nd H o lyh ea d R o 4''lde Coach, etety Evening. do n I ,' I ON, Spalding, Pete' honing!), Stilton, and Hunting- Ci t i m "Yal Coach, every Evening to Spilsby, eA T Y I and Ht.'', 'Afternoon at a Quarter before Six. pL S LE,' I enrith, and Whit e h aven Pout C oac h, goes brou,ll-'r Horses, and a Guard all the way, passes through roti t h7 l ;' ;IPpleb7, Greta-bridge, Richmond, Catteriek, We.lierhy, Aber tord, Douce steGrant ham. Bu greatest etery Mk. and performs the journey with the nes, 71 ussengers detained on the Road by bum beip_Or pleasure, have the peculiar advantage of their Seats qi,sletured in the next. Coach. CI D AL, Lancast,•r, Preston, Kirby-Lonsdale, Bolton, ,1,-0-tri%e.Y.l9!nislork, and Garstang Post Coaches, every After .... r e , LIVE p and DOL, tVarrington, Knutsford, Stone, Stafford, i)e6ae.nitchtield oaw light Four Inside . Post Coach, called The Head i ce ' "cry Evening at Fire o'Clock,„ to the Saracen':. w,„n,", Dale-street, m.llO-1. ca'„L`f•FIF.LD Post-Coach, ev Morning. wicfr'is o l'E lt? Newport, Whiteci,l!rch, TaVporley, Nampt itt p.' 1;111WICil, and Middlewich l',•st-Coach, every Evening lee 0 Clock. t/or"l7.ain NDEItLAND, Stockt on , an d "aver Coach, every m Ari ge n t o r th i e , Georg . e . Inn, Sunderland. Bnd , ER, Winslow, Congleton, Newcastle Walsal, • (overt • • - - u. iampton new Four Inside I ost- oacd, every SR E n , • io. l 'FIELD and Rotherham Post-Coach, cal'-d the Rock -64" ererY °tram , . - • FinvelitlilNGH'AlM Post Coach, sets out every Afternoon at 1„t41:1i carryin g Four Inside ; and passes through Warwick, str eet, "li!oa, and Daventry, to the Sa-accn's Head, Bull irmingham. next Morning at Teo. le o , tol, -s Lincoln, Northcave, Howden, and Doncaster, Post dull.eeer) Alorning, to the Cross Keys, Market-place, HE R , ey, 'FORD, Ware, Holdesdon, and Cheshinit Coach, rniu 1-I,.orvii.stL,Ni.llAM.and Edmonton Coaches (daily), at Ekren, N A St ii, Five, and Eight. Pr; • MOUNTAIN and Co. respectfully acquaint their a n in i u„s and the Public, that they will not be accountable fut h nor "eels. Passenger's Luggage, Writings, Plate, r° c. of ?ha ll Fire Pounds Value, illost, stolen, or damaged, ult eaten,' aS sue,and the Insurance paid f odurdingly, ,alacen's Head Ina Snow-hill, London.r a FOR THE SUN. Ma. EDlTOR—Observing in COBBETT'S Re gister of Saturday last, that he is very jocular on the subject of ANDRE'S bones, perhaps you, or some of your correspondents, can inform me when and where the bones of Tom Paine will be interred ? A CONSTANT READAt. SUICIDES. The following account has been taken of Sui. cides, during the last ten years, in the City and Liberty of Westminster : . 1 ...I CZ: 5 Cr tC4 <3l -I t,21 C;, ' d Yens. • c I November. =4l 1 I I - I cgt .1 ,_, I Dxernber. 11 I I I fJanuary. V CO t•D cc! ~..1 ~...I co ., I '''' I P.- I .•, " I February. itz .) I , . I - 4. lea I I 4 , I I u , I ts d 31arch. I -I -I -1 •-• 1 t „d c. I t .„, 1 I April. : ,7-..... 1 ... I ... I e 1 ~.. 1 ~ I -Irt , May. - . I -I -1 I I -I-I -I -I -I -I *hi .11 1 1 t'd July. I pI r t° Iw I 1 August. -I I I I w l §I to l w i September. CD 1 g II '" I •:" I L ' Iti I I Ild October. Of the above, 163 were males (including four of felo-dc-se), and 63 were females. YELLow FEVER.—The Moniteur of Friday contains a statement of some length regarding the progress of the yellow fever in Spain. Most of the material facts are already known, but two or three circumstances respecting the character of the fever are worthy of notice. Drs. BALLY and FRANcots two of the French Physicians who went to Barcelona, had witnessed the ra vages of the yellow fever in St. Domingo, and they are of opinion that the malady at Barcelona is precisely similar. Four-fifths of the persons attacked by the fever -Lave fallen victims to it ; death generally ensued in the sth day, some times the 7th ; many of the sick died in three days., and others in 36 hours. Dr. MAzEL, after visiting twolndividuals ill of the fever, became ill in the night of the 12th ult. Ile was better on the morning of the 20th, but-died on the 22d, after a long agony, and with all the symptoms of the yellow fever. CONSTITUTIONAL ASSOCIATION. TIIE RING V;itiDGIVAE. In this case, which was tried before Mr. Justice lIOLROYD at the late Assizes for Lancaster, a verdict was obtained against the defendant. It was an action for libel, and Mr. BROUGHAM now appear ed on the part of the defendant. He moved for a Rule to shew cause why that verdict should not be set aside, and a new trial granted. The CHIEF JUSTICE—Is the defendant in Court. Mr. IlnotrGltA3l.—He stands on the floor, my Lord. This prosecution, said the Learned Counsel, was undertaken at the suit of a Society called " the Bridgestreet: Association," for an alleged seditious libel, at least what they pretended to call a seditioto libel. The evidence for the Crown, and indeed.the only evidence The Cmlir JusTicE—This, I - believe, was an indictment for libel. Mr. Bnot:GuAlkt.—lt was, my Lord, and I was proceeding to observe upon the evidence produced to sustain it. I was about to say, that the only evidence for the Crown was that of a boy, a young man, eighteen years of ve, of the name of Evan clerk to an attorney named Nadi% in the town of Man chester. The Cu !Er Ju sar E.—Nad in did you . say, Mr. Brougham? Mr. BitouGHAm.—Yes, my Lord. Not the old thief-taker, but the son, though he also was at the trial. This fellow, young Mellor, swore that he called at the house of Ridgway, the de fendant, who, it appeared in evidence, about which no question was made; carried on the trade of a fustian-cutter. This trade he carried on in the upper part of the house, while his wife was most industriously; though it would seem most dangerously, em ployed in the lower part of the house disposing of miscellaneous articles, such as potatoes, sand, brushes, children's books, amongstlwhich, "Jack the Giant Killer and Mother Shipton," obtained the notice of the witness. Now the fact of this witness's evidence, to which he was desirous of calling the attention of the Court, was that of the defendant's identity. He did not even pretend to know the person of Ridgway before the day upon which he went to purchase the book upon which the prosecu tion was founded. Ridgway was never once identified by him. This my Lords, is not the case of it common informer, interested in recovering a penalty ; it is more, much more—it is that of an accompliee, of one who induces another • to commit an of fence. But it is worth while, indeed it is most material, to refer to the evidence itself as to identity ; for since he swore that he purchased the pamphlet in question from the defendant per sonally, of course the credit of all his testimony should rest upon the truth of that allegatiOn. The CHIEF JusT Hat:— What are the words of the witness? Mr. BitoticniAat —1 was about to give them to your Lord ships. The CHIEF JUSTICE—It is sufficient to say whether he bought the book from a man or woman. Mr4Bnotroliaar.-011, my Lord, he states that he purchased it from the defendant. Now 1 am able, by the production of the atlieavits of four persons, and which affidavitsl now hold in my hand, to negative this testimony. Mellor says, " I went to the shop of the defendant, in the window of which I saw pasted up a printed paper containing these words, 'Just publi s h e d, an Add ress to the Reformers of Great Britain,' and seeing the defendant in the shop, I entered and asked if he had 4 The NeW Year's Address to the Reformers of Great Britain,' and the defendant then said that he had not gai it, but that he had written to London for it, and Would 'have it by the following Saturday." The witness stated that he called afterwards Qn the 2d of April, and purchased it from the defendant. Ile said also that at this period there was a sign over the shop " David Ridgway, Dealer in Tea and To bacco." Now (continued Mr. Brougham), it is distinctly sworn in the defendant's affidavit, and also in the affidavits of James. Dunics, John Dunies, and John Dunies's wife, th a t th e s i gn. alluded to had been taken down the Christmas before, when the defendant lift that business, and that it had not since been replaced. The evidence was read over by Mr. Justice HOLROYD and when the Learned Judge had concluded The Loan C 11) EF cr. said—No question as to iden tity appearsi to have been raised upon tha cross-examination. Mr. .JutiCe II oL ROYD—I do recollect that it was put an ar gutnent to the Jury. Lord, one of th e arguments lulittiswuia s i sc d u t t 3 , l ; i . t i t i . 7 s y, ctelintL'itinalyn;amn my Lord, called at the de fendant's shop for the special purpose, of inducing him to corn, SEVERN AND OTHERS V. OLIVE, SLAIIE, AND OTHERS. These were actions brought by the plaintiffs sugar refiners, in Whitechapel, to recover two sums, the one of 50001. the other of 70001. from the defendants, as Directors of the Imperial As surance Company, upon two policies of insurance, in conse quence of a loss sustained by a fire which happened on theplain: tiffs' premises about November 1819. In one of the cases the plaintiffs had demurred to some of the defendants' pleas, one of which was afterwards amended, and on issue being joined, the Cause was tried, and a verdict found for the plaintiffs. This verdict had been set aside by a rule of the defendants, on the ground that it was against the weight of evidence, the point to be considered being whether the process of refining sugar by heated oil, had or had not increased the risk ? Instead of im mediately proceeding to a second trial, it was put off at the in stance of the defendants, with the intention of awaiting the de cision of another action which was then depending between the same plaintiff's and the Directors stif the Phanix Company, in which the same point was involved, and most of the same wit nesses were to be examined; further experiments on the pro perties of heated oil having been made in the interim. On the trial of this last cause, the Jury came to the sane determina tion as on the preceding occasion, and gave a verdict for the plaintiffs. The defendants then, took out a summons to stay proceedings, on payment of the damages and costs. The Pro thonotary, in taxing the plaintiff's costs, had divided the amount between the two offices, and had allowed the costs of various experiments which had been made, for the purpose of enabling the witnesses to speak with confidence and accuracy on the question, whether the risk had been increased by the introduc tion of the process of heated oil into the }plaintiff's sugar house? Tie had also allowed different sums of money, not only for the travelling expences of the witnesses who had been call ed to give their opinions on this point, but also for the loss of time which these gentlemen had suffered, particularly to a Dr. Thomson, a Professor of Chemistry in the University of Glasgow. Mr. Sergeant Hu ti.oex having oils former day in this Term obtained a rule to shew cause why the Prothonotary should not review his taxation—first, on the ground of the division and ap portionment of the costs—secondly, on the allowance of expences for experiments—and thirdly, on the allowance of expences for the loss of time to the witnesses : Mr. Serjeant LENS now shewed cause; he contended, that the division of these costs were perfectly correct. There had been four actions ; two of these were against the Imperial, and two against the Phoenix Assurance Company. . 4 1'he defence in all was substantially the same. The extatnnents necessary to be made to ascertain the point in one, were equally required iu decide the question in another ; and though one of the offices (the Phoenix) had tried the question twice, and the present de fendants had only gone into Court once on the subject ; yet, as far as the point of increase of risk was concerned, the determena. tion of one cause was the decision of another. As to the objec-- tion against the expences of the experiments being. allowed, it was clear that they were necessary to assist the Court 'and the Jury in their determination ; they were made, not wantonly, nor with a view to increase the witnesses knowledge in general science, but for the express purpose of determining the ques tions in dispute between the parties. - The same observation might be made as to the allowance of Dr. Thomson's expences. The point in dispute was new ; men of science had diKred on the question, and each party was exerting himself, - for the pur pose of obtaining such a weight of evidence as should eventually determine the justice of the case to be in his favour. It was objected, that br. Thomson had only been produced for tile purpose of giving a professional opinion -on a disputed point ; but.this. objection was. cleat not tenable, : for there was no rule which said, that witnesses, who spoke to matters of fact, should lone be allowed their eXpeneg • - Mr. Prothonotary RAY here olfservede that he had allowed costs for the loss of Dr. Thomson'sihne e and for the intellectual and personal labour of that Gentleman. It was proved that he hail been, while in town, not only obserVitg the efil'et of the ex periments, but attending the process for many . hours each. day, watching it in every stage, and carefully observing every circuit)» stance relating to it. Besides which, he laid been obliged to appoint and pay a Gentleman in Glasgow, to act•as his substi tute during his absence. - - 4 Mr. J ustice Ric ttaltDSoll—A compensation for loss.of tune is only allowed to Gentlemen of the legal and medical prti fessionS. Lard Chief Justice DaLLas—Loss of time is _loss of profit to all—to the watch-maker and mechanic as well as to others._ But the CoUrts have decided, that in all but a few excepted cases rib Compensation is allowed. The case of Willis v. Peck ham, 4 Moore's Reports, 300, is in point; as is also that of Moor V. Adam, fi Maule, and Selwyn's Reports, Ird; ; in which latter case, the Court of King's Bench had refused to allow the expenses of two Spanish merchants, who had been brought over here to give evidence in a cause. . . 11 . 1 r. Serjeant LENS then took some objections to the affidavit on which this rule was moved ; but these were overruled. - Lord Chief Justice DALLAS—The opinions of men of skill and science are always highly valuable; but perhaps, as this was an entirely new point, the question may be here, whether those opinions are to be- gained at the expense of the litigating parties ? Alr. Justice R re ilaRDSON—That might increase tbe amount of their expences in residing here, as they might perhaps remain - longer, fur die purpose of making these experiments. Mr. Serjcant 'fanner explained the cause of the long stay of the witnesses to be, that the actions involving such a weighty question, they could not; on accountof particular circumstances, be brought on when they were set down in the paper. Mr. Serjeant Gilaie followed on the same side as Ser jeant Lens.. Be contended that where the loss of time to a witness was attended with an immediate and direct loss of profit, by taking him away from any employmou in which he was professionally crgaged, such witness had a right to demand a compensation. In the case of Lopez v. De Tenet, a Captain of a merchant vessel had been allowed a sum as 'enumeration for the loss of a voyage which lie had sustained by being in this country attendiog the trial of a cause, and to this allowance. •the parties, t:iough perfectly ready to dispute exery. thing ; never. Lord Chief Justice DALLAS—The process was the subject of a patent. Mr. Serjeant Ilum.ocK—That is still Another argument in my favour ; if a patent had been obtained for it, its sakky should have been proved at once, without any further ex}::: -. ments. The Learned Serjeant then contended, that it' the, were properly allowed, they were improperly divided. Imperial had only tried one action. They should bac, b.a proportioned into thirds. Lord Chief Justice DALLAS, after having consulted for sum-: time with his Learned Brothers on the Bench, said, that the Prothonotary must review his taxation, and must not allow th expences for the experiments, nor compensation for loss of tint, except to physicians, surgeons, and attorneys. Mr. Prothonotary 'RAY wished to ask his Lordship one quzs don—Whom was he to admit as being a regular physician ? Did the Court mean only those who produced their diploma Lord Chief Justice DALLAS—AII who practise as such. la this case there can be no great diflicultyas to that point, for 1)1. Pearson and 1)r. Paris are too well known to be requi;ed t:L.) prove their title to the name. AIL Prothonotary BAY—There is then another class, that of surveyors; and a third still above them, I mean engineers, such, for instance, as the late celebrated Mr. Rennie—ls a co:I:- pens:aim for their loss of time to be allowed ? The COURT said, they made no other distinction than whet the cases on the subject had long decided. A pour man's tirm, uas as. valuable to him as a rich man's time could be to him ; a loss was equally a loss to both. They further added, that the proportion of the costs due from each party wns to be divided into moieties, as at present. Joiix Bu LL's wonder at .11uunsieur Nong-tong-paw's übiquity could not be greater than the astonishment of a French Gentleman, who popped into Bisu's Of Rea the other day to inquire after the CNpitals.—" You, vill be so good to tell me de nonabre of de Capital you tiro—you draw yesterday ?"—" Why, Sir, there were .. "—" Restez un peu, stay a littel moment • You will tell me de Capital larger dan Two Hundred Pounds." " Why, Sir, there were four drawn above £200: there was No. 7349, .E30,009."—" Ah, ma foi I dat is good ; dat is do grande chose. Vel, and by whom it was sel ?"—" uses sold it, Sir."—" .Bisii, hal. ha! von lucky dog ! vel, ((lions !"-t -" There was NO. 002, £l,OOO, Sir."—" Ah ! imbed ! who was scl dat??"—" Bean, Sir."—" Eh! ma foi ! Besa encore? Vel."—" There was No. 2032, £300."—" And who was sel ?—" Basis, Sir."—' 4 Eh, mon dicu! 'tis Very grand fortune. Now den de last, and who vas sell dat ?"—" Why. Sir; the last was No. 6275, £3OO, also sold by Brsii."—" Eh!. de ! 'tis von chose impossible, BISH sell all de four ?" 7 - " Yes, Sir, and in a former Lottery he sold all the three Thirty Thousands."—" Den he is von golden • Philosopher: I v4l buy, I vill—let me see. Yes, I viii buy your. shop."-His ambition was at last, however, contented with three tickets ; that he has 3 chances of gaining the two Thirty r.chß:rtisyct in the wheel; and we have no doubt BISII will hay . W.lic goo l l luck of selling them. Wi>tcHEsTtn, Nov. 10.—The Meeting of the Hampshire .Branch Horticultural Society held, yesterday, at the II art Inn, in this City, was numerously and most respectiday'at tended. Several fine specimens' of fruits were exhibited, particularly of grapes, apples, and pears. The names of Lord Rodney, the Rev. F. North, and some other gentlemen were added to the list of Members. GARDENS AND ORCDARDS.—Near the town of Wakefield, there are not less than one thousand acres - of garden and mak ard ground. From this judicious appropriation of the land, adjoinin;_ , a populous town, a new and comparativelluable business has arisen while the neighbourhood enjoys the advan tage of a plentiful supply of cheap garden stuff. .Do facts afford beneficial hints to the proprietors of grourl.4 , aronnd Newcastle, Sunderland,' and Shields,. to dedicate Large poltioris of their land to this useful and profitable purpose ? rl part of i the industrious poor might be advantageously employed n this object, and children might, at a period when it is Ilifficult to fix on a trade, be most usefully brought up in the business of gardening.—(Durhaui Advertizer, Nov. 10.)