The Sun. — London, England, 1844-11-06 00:00:00

tice Jackson entered the court in his judicial robes. His Lordship stood for a few seconds at the end of the bench, and then pronounced in a loud voiee, " This Court of Error is adjourned to Wednesday next."—(Roars of laughter.) [lt appeared that the Court of Error stood ad journed to the first day of term, and that, in com pliance with the formalities of that court, it became his Lordship's duty to order a further adjournment, in the manner above described. The effect, was, how ever, astounding. Assessors, counsel, agents, and the public joined in an involuntary burst of laughter, which was renewed as often as the words, " this court of error" flashed across the recollection of those present.] The court adjourned at six o'clock. Freeman's Journal. WESLEYAN MISSIONARY SOCIETY. At a full MEETING of the Committee of this Society, held at the Centenary-hall and Mission.house, Bishopsgate-street within, London, on Wednesday, October 30, 1844 (the PRESI DENT of the Conference in the chair), it was unanimously en. solved, 1. That after a careful reconsideration of certain imputations against the character and proceedings of the Rev. Thomas B. Freeman, the Superintendent of the Society's Missions on the Go'd Coast, as recently renewed in a letter, under the signature of " Omega," published in the Times newspaper of Friday last, this •mmittee are perfectly convinced that the said Imputations are altogether calumnious and untrue; and that the defensive explana tions and statements of Mr. Freeman, first transmitted by him to the Secretaries in a letter, dated June 96, 1843, and now repeated and confirmed by him personally, in their presence, are entirely sa. tisfactory on all the points to which " Omega" has referred. 2. That the renewal of these slanderous imputations is the more culpable, because the person from whom they are understood to proceed has had repeated opportunies and invitations, in the course ef the last fifteen months, to appear before the proper authorities for the purpose of substantiating, if he could, the accusations preferred, which he has hitherto declined or neglected to do. 3. That, fortified in their view of Mr. Freeman's case, by the written assurances of his brother Missionaries in Western Africa, by various other documents long in their possession, by passages in the former communications of " Omega" himself, and by the spot). taneous and decided testimony of several highly respectable and disinterested gentlemen, who have observed his proceedings, and borne honourable witness to his labours and usefulness, this Com mittee deem it right to assure the public of their entire and undi minished confidence in Mr. Freeman's integrity, and of their high admiration of his eminent zeal and devotedness to the great work in which he has been engaged at the Gold Coast, in Ashanti, and elsewhere, and which it has pleased Almighty God to bless already with so considerable a measure of success. (Signed, on behalf of the Cemmittee) JABEZ BUNTING, President of the Wesleyan Conference. THOS. FARMER, ) ^- aasurers of the JOHN SCOTT, Society. JOHN BEECHAM, R. ALDER, IGeneral Secretaries. ELIJAH HOOLE, Immediately, in 2 vols., small Svc., with numerons Illustrations, T HE CRESCENT AND THE CROSS ; on, ROMANCE AND REALITIES OF EASTERN TRAVEL. By ELIOT B. G. IVARBURTO.N, Esq. Henry Colburn, Publisher, 13, Great Marlborough-street. THEATRE ROYAL, DRURY-LANE. THIS EVENING, NOVEMBER 6, Will be performed Auher's ce'ebrated Opera THE SYREN. Marco Tempests, Mr. W. Harrison; Scipio, Mr. D. W. King; Zeelina (the Syren), Miss De , cy. To conclude with the Grand Fairy Ballet of THE REVOLT OF THE HAREM, in which Mdlle. Plunkett, Mdlle Clara Webster, Mdlle. O'Bryan, Mrs. W. H. Payne, and Madame Guibilet will appe lr, The Box-office is open daily, from Ten in the Morning until Six in the Evening, where Private and Family Boxes, Stalls, Places, and Tickets may be had on application to Mr. John Parsons THEATRE ROYAL, HAYM ARKET. Lessee, Mr. B. WEBSTER. THIS EVENING, NOVEMBER 6, Will b2_perf , rmed THE BUSY BODY. S:r Francis Gripe. Mr, W Panen; Traffic, Mr. Stricklan I; Marplot, Mr. Charles Mathews; Miranda, Madame V::st ris ; Patch, Mrs. Humby. After which, will be repeated a New Comic Drama, founded on Don Crsar de Bazan, entitled A MATCH FOR A KING. Charles the Second, Mr. Stuart; Don Sebastian della Rosa, Mr. C. Mathews; Mariqu!ta, Miss Julia bennett. To conclude with YANKk.E LAND, in which Mr. Marble, the popular delineator of Yankee character, will perform. Private Boxes, Tno Guineas and On s Guinea and a-Half each. Tickets and Placet to be had of Mr. I. T. Ar cher, at the Box-office, from Ten till nve o'Clock. THEATRE ROYAL, ADELPIII. Under the Direction of Madame CELESTE. THIS EVENING, NOVEMBER 6, Will be repeated a New Drama, entitled THE MYSTERIOUS STRANGER. Count Henry de Beausoleil, Mr. Hudson ; Count Vanilla, Mr Selby; The Mysterious Stranger, Madame Celeste ; Crequet, Mr. Wright; Chechore, Mr. 0. Smith. After which, an entirely New Drama, entitled CIESAR DE BAZAN ; or, Love And Honour. Charles the Second, Mr. Howe; Caesar de Risen, Mr. Webster ; Maratina, Madame Celeste. To conclude with a New Eccentric Mythological Burlesque, called TELEMACHUS; or, The Island of Calypso. Telemachus, Miss M Woolgar ; Calypso, r. Wright; Mentor, Mr. P. Bedford ; Dinah, Mr. Cowell. _. __.._... Prompter, Mr. Gallot ; Principal Painter, Sir. Pitt ; Leader of the Band, Mr. Mellon.—Box-odice open from Eleven till Four. Private Boxes to be bad at the Theatre. and at all the principal Libraries. PRINCESS'S THEATRE, OXFORD-STREET. LESSEE. Mr. J. M. MADDOX. THIS EVENING, NOVEMBER 6, Will be performed THE SY REN. Principal Characters by Messrs Walton, C. H b rn, Jun., Leffler, Allen,and Mdlle. Nau. DTo conclude with the New rama, called DON CESA RDE BAZAN. Don Cresar, Mr. Wallack ; Charles the Secont , Mr. Walton ; Maritana, Mrs. Stirling; Countess di Rotondo, Mrs. Fosbroke. Stage Manager, Mr. H. I. Wallack. Stage Director, Mr. Emden. Machinist, Mr. Edmund Eradwell. Dress Circle, ss. ; Boxes, 4s. ; Pit, 25.; Gallery, Is. Half-price at Nine o'clock—Dress Circla,2s. 6d. ; Boxes, Bs. ; Pit, Is.; Gallery, 6d. Private Boxes, Two Guineas and One Guinea and a-Half ; Prows. alum Boxes, Two Guineas and a-Half. Doors to be opened at Hall. past Six, and the Performances to commence at Seven o'clock. The Box-office, under the direction of Mr. W. Massingham. Private Boxes and Free Admissions for the Season to be had at the Theatre. THEATRE ROYAL LYCEUM, LATE ENGLISH OPERA• --- HOUSE Under the Management of Mrs. KEELEY. THIS EVENING, NOVEMBER 6. Will be performed a New Comedietta, entitled WATCH AND WARD. The characters by Messrs. F. Mathews, Kinloch, and A. Wigan • Miss Fairbrother and Mrs. A. Wigan. After' which, a New Farce, called TO PERSONS ABOUT TO MARRY. Supported by Messrs. F. Matthews, Meadows, Turner, and Stoker, Miss Arden. Mrs. Wigan, and Mrs. Woolliige. Co be followed by TWICE KILLED. Characters by Mes rs. Collier Turner, Craven, and Keeley ; Miss Arden , Miss Grove, and Mrs. Keeley. To conclude with THE SEVEN CASTLES OF THE PASSIONS With entirely New Scenery, Machinery, Dresses, &c. Principal Characters by Mr. Diddear, Mr. J. W. Collier, Mr. Gouriet, Mr. Craven, and Mr. Keeley ; Miss Fairbrotbgr, Mrs. Woollidge, Mrs. A. Wigan, Miss Turner, hii.s James, Miss Arden, Miss Grove, Miss Fortescue, and Mrs. Keeley. PRICES OF ADMISSION.—BaIcony Boxes, 4e.• Upper Boxes, 35.; Pit, 2s. ; Gallery, 6d. Second Price—Balcony B oxes, ; Upper Boxes, Is. 6d.; Pit, Is. Private Boxes on the lialenny ner ((holding eight persons), Two Guineas. Private Boxes on the Second 'ller (holding eight persons), One Guinea and a-Half. Private Boxes on the Pit Der (holding six persona), One Guinea. The Box.olS is open from Ten to Four o'Clock, under the direc ti of Mr. Grogan, late of Covent-garden Theatre. STRAND THEATRE. Lessee. Mr. ROBERTS. THIS EVENING, NOVEMBER t, Will be performed DON CiEZAR DE BAZAN. Don Cesar, Mr. Roberts; King Charles 11., Mr. John Howard; Maritana, Mrs. Coleman Pope. Mr. Roberts and Mrs. M •ntgomerie will dance their celebrated Polka. After which, THE BOOTS AT THE SWAN. Frisky, Mr. Roberts; Jacob, Mr. H. Hall; Cecilia, Mrs. M ontgomei ie. To conclude with QUITE AT HOME. Principal Characters by Messrs. Howard, Ayliffe, Dean, Mrs. Melville, and Miss Carter. ASTLIY'S ROYAL AMPHITHEATRE OF ARTS. Proprietor and Manager, Mr. W. BATTY. Open every evening with Its unequalled rotation of Equestrian and Dramatic Entertainments. THIS EVENING, NOVEMBER 6, The Splendid Spectacle from the Poem of the illustrious Sir Walter iksott, entitled LOCHINVAR.; or, The Bridal of Netherby, and Steed of the Brave. Entire change of the Scenes of the Circle, and novel feats of Horse. rnanship, and first time in England the Dressed Horse of the Me nage Toby broke and ridden by Mr. T. Davis. To conclude with THE BLOOD-RED KNIGHT; or, The War riors of Palestine. Acting ands tage-manage!, Mr. W. D. Broadfoot. Box-office open from Eleven till live. Lessons in the Art of Riding try Mr. R. Smith daily. DAVIDGE'S ROYAL SURREY THEATRE. Increasing success of Dun Gtesar de Basan—First Week of another o New Drama. THIS EVENING, NO /EMBER 6, Will be performed a New Drama, entitled DON CESAR DE BAZ AN, supported by the entire Company. After which, a New Drama, called THE CARPENTER OF ROUEN in which Messrs, Hudson Kirby, Hicks, Neville, Vale, Heslop,Johnson, Mrs. Daly, Mi ss f erre y, a nd Mr s . IL Homier will perform. TO conclude with MY HUSBAND'S DOUBLE. Places and Private Boxes to be had of Mr. Kerechner, at the Box office„ from Eleven to Four. ROYAL VICTORIA THEATRE. THIS EVENING, NOVEMBER 0, Will be performed LIFE'S A LOTTERY ; or, Jolly Dick the Lamplighter. Jolly Dick, Mr. G. Wi d; Bessie Blossora, Miss Louisa Lyons. Atte. which, DON C/ESAR DE BAZ AN. Principal Characters by Messrs. 'sbaldiston, Dale, Herbert, and Miss Vincent. To cenclure with THE ARTFUL DODGE, in whicl Mr. G. Wild and Miss Hamilton will appear. Private Family Boxes, XI Is. Od. and XI Ils. THE WEATHER.—STJA OFFICE, Nov. 6. Timm:tomErgs., Lowest, 36; Highest, 45; Noon, 44 BABOKEINR, 29.35.—WncD, W. Nor.—The number 32 on the Thermometer denotes the freezing point, and 55 temperate. In Barometers fair is usually placed opposite 30, and rain at 29. HIGH WATER AT LONDON.BRIDGE THIS DAY. Morning ... 59 minutes after 9 I Evening ... 33 minutes after 10 e. 1 1 ,14, 174 st cTatu • ~4 . _ miy .117F1',W- E 42- • MOS DA° T - 01' • !' SECOND EDITION. - lijr Ittran ° I °' ' l' alt 4 LONDON, WEDNESDAY, NOVEMBER 6, 1844. Earl RADNOR has addressed a letter to the Editor of the Economist on the subject of the Allotment Systems, of which, as might be expected, he strongly disapproves, chiefly, however, because it " is opposed to every principle of political economy." We do not think the system is to be thought the worse of on this account, for political economy is by no means infal lible, and though it has been the rage among our legislators and many of our public writers for some Years put, it has been productive of little or no good on n a comp re h ens i ve scale, while in not a few instances it has shown itself wholly at variance with the dictates of humanity, and th ough it may have the effect of sharpening the understanding, and imparting to it a keen, worldly, practical tone, we are yet to learn that it improves the qualities of the heart, or elevates or enlarges the intellectual nature of those who make it their rule of faith. But, perhaps, it maybe urged by the advocates of this over-rated science, that it is rather a shrewd head than a feeling heart that is wanted in matters of legislation. This is undoubtedly true, but it is at best but a partial and limited truth, and the experience of many years has shown that a keen and worldly understanding, Unaccompanied by a kindly nature, is incompetent to legislate in such an enlightened and comprehensive spirit a.% shall be pro ductive of general benefit. Our rulers have been steering by the lights of political economy ever sincq o if not before, the days of HusKissost, and how has the country at large been benefited by their gui dance ? Class interests, indeed, have derived advantage from their narrow system of legis lation, but the vast mass of the people have in no respect been bettered by it. Look at the condition of the poor man, whether in the manu facturing or agricultural districts What has political economy ever done for him or his ? Has it elevated his position in society—has it improved his moral character—has it drawn forth the kindlier and nobler feelings of his nature—has it even increased his pecu niary means, or given him a slight taste of some thing like prosperity ? Nothing of the sort. It has left him in precisely the same condition i❑ which it found him—we might almost add, in a worse condi tion ; for by avoiding everything like an appeal to his feelings, by treating him like a machine rather than a human being, and accommodating him with a strin gent New Poor-law—which, though equitable enough in some of 'its provisions, is cruelly unjust in others —by way of showing its sympathy for him ;—by so acting towards the poor man, political economy has at length succeeded in alienating him from his superiors in station, and converting him into a Chartist, a Socialist, a rick-burner, and what not. If public attention be now fully directed to the case of the poor and destitute ; ~if it be at length dis covered that something must be done for them, and that they must be treated in a far more kindly, re spectful, and considerate manner than has hitherto been the case, it is not political economy we , have to thank for this tardy discovery, but the antagonist principle of humanity, which is now coming actively forward in the hope of remedying the evils of the former system. It is not as political economists that the manufacturers are now endea vouring to secure pleasure-grounds and parks for the recreation of the workmen in their employ, to instil into them a feeling of self-respect, and to improve their social and moral condition in every possible way ; but as humane and beneficent men, who have at length become awakened to the great truth that the poor and humble have affections, as well as prejudices and passions, and that these affections may be appealed to with success. Nor is it as political economists that the landowners are now making such an active stir in behalf of their peasants, but they are urged to it by precisely the same motives that are influencing the manufacturers. Political economy deals only with the understanding, and in the pride of its pedantry scorns to take into consideration the important fact that the humbler classes have quick and ardent feelings which are not to be neglected or trampled on with impunity. Hence the notorious decline of this cold, calculating, selfish system, and the rise of that more enlightened and philanthropic party which calls itself " Young England," and which, by appealing to the heart as well as the head of the com munity, and adopting as its:rule of action the divine behest, "Do unto others as you would they should do unto you," bids fair to confer an immense amount of benefit on all classes, but more especially on the humbler and more hard-working orders of the com munity. the unimpeachable professional purity of those by *hoin that law is administered. The discussion on the address was resumed in the Spanish Chanabor of Deputies on the 29th, when Sttior isiiiarm brought forward his amendment, but he appeared to speak as one not in earnest, or who had no hope of success. He declared that if he thought his amendment would lead to confusion, he would at once withdraw it, because he was anxious to see revolution at an end, and order and peace restored. He could not, however, help thinking that the present time was very unfavourable for such im portant changes, and that it would have been more wise and prudent to have established first of all organic laws which might have worked well, and thereby have rendered any inroad upon the Constitution of 1837 unnecessary. Senor MARILLO defended the Go vernment scheme, and reminded the House that no Minister had been able to govern within the limits of the Constitution of 1837. He, therefore, contended that it was absolutely necessary to remodel the ma chine of Government. The President of the Council, in reply to a question relative to the affair of the Razo schooner, said that they had received from the English Ambassador at Madrid the assurance that every necessary satisfaction should be given. The discussion was adjourned. Preparations for the trial of PRIM were going on. No more arrests had taken place. The Three per Cents. were done at 27i for cash, and 271 at 60 days ; the Five per Cents. at 21/ for cash, and 20i at 60 days ; and the Floating Debt at 64/ at 60 days. The Paris papers, especially those of the Opposi tion, are still occupied with the affairs of Spain. In fact, the only political articles are on the Reform Bill and the conspiracies said to have been discovered at Madrid and Barcelona. The National, Sickle, and Quotidienne, throw the blame of the late inroad on the Constitution upon the French Government ; and the articles which appear in some of their jour nals amply confirm the fact. Yesterday we pub lished a long account, taken from the Journal des Debats, of the late proceedings, in which a most un justifiable attack was made on ESPARTERO, as if the man who had conducted himself during the Whole of his regency with the strictest honour, and a scru pulous regard for the laws, would lend his name and influence to murder NARvauz, and bring about, for his own selfish interests, a second St. Bartholomew. We give the following from the National, as a reply to the atrocious article : " We fully expected the Ministerial journals to utter fine phrases upon ,the frightful plot, of which Narvaez had so much need, in order to strike terror into the hearts of the Deputies, who were determined to contend against his counter-revolution. The Debate did not fail, yesterday, to place this affair in its most dramatic light. It says that the manifesto of Espartero gave the signal. Several refugees attempted to return, but were stopped by the French police. Nevertheless the conspiracy fol lowed its course, aril this time it was assassination— systematised assassination that was resorted to—a sort of Saint Bartholomew—which was to extend to the Ministers, Captains-General, and principal functionaries of the Government. Let Narvaez and his allies put forth as many such fables as they please—they and their object are well understood. Let them mock the people of France by repeating these odious stupidities— let them represent a great man, who has been invested with the government, as being enrolled in a systematic plan of assassination—let them have the courage to accuse a late Regent of having organised and directed a St. Bartholomew for public functionaries—this is an impudence so glaring, that it needs but to be seen to meet with justice. We can treat accusations of this nature with nothing but dis dain, and we are doing them too much honour by noticing them. The only important thing tor tell the public is, that the Progressist party has never, either in France or Spain, disguised its firm resolution to move in defence of the Constitution and liberties of its country, against all the enterprises of re-actors. It has not con spired in secret, but in open day. Espartero has loudly declared that he would place himself at the service- of the cause for which he fought during seven years. Let the men who seriously enter into politics separate en tirely the action of parties, the march of events, from these insidious attempts, whether true or false, which are wished to be made use of to delude public opinion. There is some consolation, however, in the fact that the Generals said to have been thus threatened have neither of ,them received the slightest scratch. Narvaez and the Baron de Meer are both in the enjoyment of perfect health. The first, to keep his hand in, has already shot four persons, who were arrested one day and executed the next 1 His court-martial is in permanent sitting, and he is said at the same stroke to have sent nine other men to the gallies 1 It seems that these people may be left to their own vengeance, which they follow up with so much ardour, promptitude, and ferocity, so devoid of all that bears the semblance of the calm forms of justice, that our Ministerial jour nals have no occasion to stimulate them by their decla mations. Far be it from us to entertain the thought of encouraging assassination; if it be true that any man has rendered himself guilty of this crime, we shall never express a wish that he may escape the chastisement of the law. But is it the law that has decreed the san guinary executions at Barcelona ? To seize a man in the evening, and to shoot him the next morning at day break, are these the regular proceedings of any tribunal —even of a court-martial ? Is not this another murder, no less infamous than the first ? If the first justly merits severity, how can auy indulgence be shown to the second ? These reflections are applicable, even if there has been a premeditated insidious complot between a small number of persons. But how could it be, should it turn out that this business was got up by a police capable of any crime ? We do not put this question unadvisedly. The man who is put at the head of the police of Madrid has a character which warrants suspicion. This Avira nets, of whom our correspondent has written to us, has passed his life, his whole life, in conspiracies and secret plots. There is not in all Spain a single cut-throat of whose services he has not on occasion availed himself. He has himself boasted, as we can confidently affirm, of having the precise statistic of all the elements which are disposable for any dark manoeuvre —any coup de main. It is I alone,' he has said, who am able to be the most terrible revolutionist in Spain.' " it is so often our misfortune to except to the mea sures of Sir ROBERT PEEL—to challenge their prin ciple, or to deprecate their tendency —as, for example, in reference to his currency-regulation scheme, or his property and income-tax "screw"—that we find it quite agreeable to meet him upon other ground, on which we can approach him only with the tribute of our humble, but unqualified praise. The recom mendation he has addressed to the Crown—of Mr. ERLE for the Judgeship in the Court of Queen's Bench, vacated by the lamented retirement of Mr. Justice ERSKINE, is a proceeding for which the Premier is entitled to the highest credit. The ap pointment, itself, is one of the most dignified, of the most responsible, and of not the least lucrative kind, which it is in the power of the SOVEREIGN to be stow. In this country, beyond the example, perhaps, of all others, the unbounded respect of the people— voluntary, uncompelled, unbiassed, unpurchased— attaches to the ermined dispensers and expounders of the law a sort of confidence which it withholds from almost every other constituted authority, except on full satisfaction, after much discussion and investiga tion—of their title to claim it. The mass of the people, throughout all the varieties and conditions of which it is composed, seem to go beyond the wealthier and more dignified classes in rendering their homage to the official position and personal consideration of the Judges. So proud a distinction as this among a proud and jealous people, cannot be lightly earned. Still less can it be maintained with out the consistent manifestation, on the part of its occupier, of those high qualities in the practical dis charge of the duties of the Bench, which the people take it for granted must have already constituted the principle of his selection for a post of so much mark and distinction, by the authorities which have called him to it. It is easy to imagine how many, and how powerful appeals, must have been made to the Pre mier for this appointment, from quarters which no thing short of the plea of public duty, according to his own estimation of its claims, could seem to justify him in refusing to satisfy. But Sir ROBERT has exercised the grace or patronage of the Crown, in this instance, in so worthy a manner, that we should . apprehend he must have propitiated the good opinion of nine-tenths of the Bar. He has conferred it, not upon the mast worthy of his political supporters— but on the best qualified and most eligible member of that powerful and learned body, for so exalted a distinction. Mr. ERLE was, as to his political opinions, a member of the Whig party—and therefore arrayed in the ranks of the Minister's political op ponents, rather than in those of his supporters. But Mr. ERLE was, in point of high professional attain ments, practice, character, and considera:ion, second to none, and superior to most, of his contemporaries in the same branch of practice. His professional emoluments were extensive in proportion to his ex traordinary reputation as a leader among the leading counsel and pleaders of his day. A career like his, at the Bar, illustrated by so large an amount of legal knowledge and sound judgment, of technical experi ence and skill, combined with the loftier talent, the larger and more generalised views, and higher intel lectual discipline and reach of an accomplished and successful advocate—terminates most honourably for himself, and most advantageously, we will venture to predict, for the public, by his elevation to the Bench. The Siècle thus winds up an article on the same subject : " The honour of Narvaez does not shine forth with so pure a brilliancy that Prim, who is accused, may not stand in face of it. It is already known who is the con spirator and the perjurer, and it will be speedily known, if scme great injustice does not throw an obstacle in the way of the defence, which of the two is an imposter. These troubles, which announce a general explosion, show how mad and criminal is the enterprise in which the Spanish Government has embarked. That Maria Christina, to cause her weakness to be forgotten, to obtain from the Pope and the absolute monarchies a dearly-purchased pardon, should arm the crown against the laws and factions against the crown ; that Narvaez by audacity, the military qualities which he does not possess, should push on his fortune, and endeavour to ensure his safety by coups d'etat, is a blind self-deceit, which does not go beyond the common measure of follies that have stained unhappy Spain with blood ; but that a grave Minister, recalled for the third time from exile, tried if not matured by political revolutions, that Martinez de la Ross, upwards of 60 years of age, should follow in the train of these adventurers is unpardonable. If there remains to this latter, as we suppose, some sen timent of generosity, his punishment commences at present. It is, in fact, a cruel one to see his country in insurrection around him by his fault ; to cause, and even perhaps to suppose crimes ; to be led, in fine, in an impious struggle, to adopt measures of violence and terror which a legitimate defence does not warrant. Here we see the prisons filled, and courts-martial as sembling ; Narvaez declares that the army is faithful, and that the executioner is ready. That is enough for him to be at ease, but the conscience of M. Martinez de la Rosa will, without deubt, inform him, that condem nations passed in the name of a perjured Government against the defenders of national rights and liberties are also assassinations." Before it had been intimated, on adequate authority, that Sir R. PEEL bad thus gracefully and promptly recognised the superior pretensions to this high ap pointment of a political opponent some of our Contemporaries had already discussed the contending claims of several other parties, either actually candi dates, or probable claimants for it. We have per ceived with regret, in one article more especially, now before us—a very able one, undoubtedly--that the writer, in advocating the right of Mr. ERLE to ex pect that he should be nominated, has thought it necessary—(in bad taste, and injudiciously, we must say)—to go out of his way to damage the pretensions of others. We lament to see the name of one very sound and estimable Criminal Judge—the Recorder of London—brought forward in this way, on a mere surmise that a Noble Earl had been warmly solicit ing this Judgeship for that Right Honourable person, his Lordship's brother. This is neither a candid nor a justifiable course. We should strongly question the fact of the Recorder's having sanctioned, sug gested, or assented to any such solicitations. But, in the absence of all positive knowledge on that point, we will only remark that, if anything could enhance the value which we attach to the proper and judicious selection Sir R. PEEL has made, or to the merits of Mr. ERLE in being the object of that selection, we should find it in the sense of duty which has induced the Premier to pass by the claims of political and official connexions, and among them, an auxiliary of such standing and efficiency in Parliament—and, on the Bench, a Judge so much respected for the sound ness of his legal doctrine and the probity of his de cisions, as the Learned Recorder. We dismiss this point, however, to indulge in the congratulations we has ex hibited to th e P rem i er on t h e d eterm i nat i on h e hibited to uphold the high character which the Judicial Bench has so long acquired and justified, for the soundness of the law which it administers, and The Carlist Qnotidienne is equally indignant, though for a different reason : " The grand conspiracy announced was so probable, and had broken out :A) apropos, that every one was, with out doubt, at the windows to see it pass. In. the printing offices of the good press there had certai.nly been com posed beforehand the consecrated phrase, • The discovery appears to have rendered the position of the Govern ment stronger,' or this, They find in them (happy words of M. Dupin) that they only draw closer the ranks of the Conservative party. But a sanguinary conclusion is always required in regenerated Spain to these odious intrigues. ScarceFv has a new military idol been raised up by the sad imitat ors of the Praetorians of the Bas-Empire, when all watt h for the sun which is soon to arise. The young gee eral whom the public in tinct designated as the near 3st hero or the nearest victim--inevitable alternative-- -was Prim the new Count of Reuss. His turn was about to come on, and the end is hastened. He might have s L fortune similar to that of Narvaez against Espartero.. The fate of the unfortu nate Diego Leon is prepared for him. What matters a sanguinary stain the more, if :the madmen of the Mode rado party disgrace the Gove,Tament some days longer— if what is called Constitution: Ist reform is voted by accla mations of fear—if they are IA liberty to afford an ap pearance of satisfaction to the French dynastic interests, a real satisfaction to the nati. )nal interests of England ? A strong moral presumption veieus on Prim. It is the Debats which very coolly sa) 's so. We recommend the French Opposition to well cot isid 'er this system of moral presumptions. It is pregnant wit h the future, once that the Bastille constructions shall la ave been completed." The French Funds rose 30) centimes on Monday, from a report that the Govern z tent loan would not exceed 150,000,000 f, one-halff of that said to hare been intended. The ThriB2, per Cents. closed at 82f. 30c. 'THE BOURSE---M .ortpAY, Nov. 4. First - E Ughest Lowest Last Pricr ;?rice. Price. Price . French FiveperC3nts.. •• •• 119 U 9 20 .. 119 .. 119 10 Four-ard-a-1-1a1f..•• 11° 4 60 .. 112 50 .. 112 50 .. 112 50 Three per Ceuta.— •• 40 to .. 6/ 30 82 10 .. 82 20 1n SUN, LONDON, WEDNESDAY EV I ENING NOVEMBER 6, 1844. Sink of France 8079 50 ..3072 50 .•3072 50 ..3072 50 Laffiffe Bata, 1;000.f. 511/40111V ..11g0 ..1170 50 ..1170 50 o,ooof. Sharei s o , lo ••5030 ••5059 Belgian 8ank...... •••• •••• 655 • • 6.55 .. 655 .. 651. Belgian Pivss,lB4o • •• • • 103; • • 103; .. 1834 .. 103 i Iligsoold•ii.HolYf. •• • 62 .. 62 .. 61 85 .. 61 95 Dutch Two and-a-Half .• •• • 63 .. 63 .. 63 . 63 Spanish Threes •••••• • • • • • • 344 . • 3if .. 354 .. 344 Active 1= • • 324 .. 32; .. 32; .. '32; Old Deferred •-• • • • 61 6 I 6; Portuguese Five pOr Cents • • 53 .. 53 .. 521 .. 52 I , 74l.politan •• • • ••9880..9885.. 98 80 .. 98 1 85 leirrian ... RAILWAY MARES. Versailles, R. 8... .... 400 .. 400 .. 400 .. 400 L. 8.•• •• •• •• •• •• 286 25 .. 286 25 .. 286 25 .. 286 25 Rouen •• •• •• •• ........ ••1035 . 1035 ..1035 ..1035 Rouen to Havre•• •• ..... 768 75 .. 768 75 767 50 767 50 Orleans .. •••1012 50 —lO2O —lOl5 —lOl5 Strasburg to Bale ••••• • • • • • 275 .. 278 75 275 . 276 25 Avignon to Marseilles.• •• •• 807 50 . 817 50 .. 807 50 815 RAILWAY SHARES FOR SETTLING, Nov. 4. St. Germain.• ••••••••• •• •• 920 •• 920 .. 920 .. 920 Versailles, L. 8.•• •• •• •••• •• 286 25 . 286 25 .. 286 28 •• 286 25 Rouen •••• • • • •••••• • • • • • • 1030 1062 50 ..1030 ..1010 Rouen to Havre ..... ••. 768 75 .. 770 .. 768 75 .. 770 Orleans .... • • .• ••1012 50 —lO2O ..1012 50 ..1020 Strasburg to Bale•• • • ..... • 27 5 •• 278 75 .. 275 .. 278 75 Avignon to Marseilles•• •• 807 50 .. 816 25 •• 807 50 • 815 RAILWAYS FOR THE ACCOUNT, = era 15. ligrsallles, L.B. ..... ..•••• 2111 50 .. 287 50 287 50 .. 287 50 m en ,,, ........1032 50 ••1035 —lO3O ..1030 Wien to 111;tvre •• • • • • • • • • • • 170 772 50 .. 770 770 Orleano • Strasburg to Bale.••• •• •• •• 276 75 .. 280 .. 376 25 .. 278 75 Avignon to Marseilles•• •• 807 50 .. 817 50 807 50 .. 816 25 THIS DAY'S NEWS FLANDERS MAIL. Lord Westmoreland, Envoy Extraordinary and Mi nister Plenipotentiary of the Queen of Great Britain to the Prussian Court, arrived at Brussels the day before yesterday, from London, on his way to Berlin. Soon after his Lordship's arrival here he paid a visit to Count Goblet, Minister of Foreign Affairs, and to Mr. Van Praet, member of the King's household. His Lordship set out yesterday morning for Cologne, Madame lola de Saint Elme, authoress of the " Me moires d'Une Contemporaine," has, for some years past, resided at Brussels. After a life formerly brilliant, and always agitated, she is now, towards the close of her career, abandoned by her former friends. She is now seventy-five years of age. Her face retains some traces of her former beauty, and the various scenes in which she has been a witness and an actor are still present to the imagination. A noble family, feeling au interest in the state of destitution to which she is reduced, and seconded by her Majesty the Queen, has made arrange ments by which Madame Saint'Elme will find an asylum in a hospitable family at Brussels. A f:81.11I A N Fri OCT 29. Five per Cents. Metalliqueo Four per Cents. Three per Cents. Bank Shares dllgemcine Zeitung,W7l. SPORTING INTELLIGENCE. (RECEIVED THIS DAY.) BETTING AT MANCHESTER—TUESDAY. DERBY. 11 to 1 agstAlarm—(taken)2B to 1 agst Fitz Allen 16 to 1 agst Kedger 30 to 1 agst Connaught 22 to 1 aget Cobweb c—t Ranger 25 to 1 agst Old England 45 to 1 agst Clear the Way 25 to 1 agst Newsmonger 50 to 1 agst Seaman 25 to 1 agst Idas 50 to 1 agst Brother to At -25 to 1 agst Brother to E.O. taghan —(taken) 15 to 1 agst Forth's lot (bar 28 to 1 agst Rebecca C Irish horses). COURSING. promise might be come to, as had been suggested by the Learned Judge at the trial. Lord DENMAN—Probably it had better be turned into a ease; _ _ BENDRIGG MEETING.---Lord Bective's Cup (12 dogs) was won by Mr. Christian's Cerberus ; fir: Michell's Mameluke ran up.—The Puppy Stakes (8 dogs) were won by Mr. Thompson's Turner ; Mr. Michell's Milo ran up.—The Puppy Stakes, fur 6 bitches, were won by Mr. Turner's Fly ; Mr. Smith's Lightning ran up.—The All-aged Stakes were won by Lord Bective's Tearaway. —The Puppy Stakes by Mr. Thompson's Young Ben digo ; and the Moresdale Hall Stakes by his All round my Hat. WENSLEYDALE MEETING.—The Cup (16 dogs) was won by Mr. Wilkinson's Ace of Trumps ; Mr, Maxwell's Agnes ran up. EXCHEQUER.-(THIS PA►Y.) (Sittings in Banco.) KINNERSLEY, AN ()OFICIAL ASSIGNEE, V. CROUOIt. Mr. CROWDER moved for a rule to show cause why the verdict returned for the plaintiff in this case should not be set aside, and a non-suit entered, or the damages reduced to such a sum as the Court should direct, by leave of the Learned Judge who tried the use. This action was tried before Ma. Justice Patteson at the last Bristol Assires, when a verdict was returned for the plaintiff for 153/. 13s. It was an action for money had and received on account of a bankrupt named Brown, who had carried on the business of a currier in Bristol. The defendant was Brown's foreman. On the 28th of October Brown left his shop for the pur pose, as he alleged, of going to Cheltenham, but he never returned to his shop. It appeared that he went to Cheltenham, as he stated, but that he ultimately left this countay. A fiat of bankruptcy was issued against him on the 9th of November following. Crouch conducted the business of the bankrupt from the time of his leaving it till the issuistg of the Lee.- The ese‘on for money received by Crouch, on account of the de fendant, during that time. An account was produced at the trial, in which the defendant debited himself to the amount of 1531. 135., and tor various other sums, on account of the business of the bankrupt, and to the work men employed in it. The Learned Counsel had con- tended at the trial that the defendant acted in the capa eity of a servant, and that he did not come under the cognisance of certain sections of the Bankruptcy Act, and could not be answerable for money which he had received and paid on account of his employers. He now reiterated these arguments, and instanced the case as one of considerable importance to the mercantile world. Was a servant to be liable for moneys so paid, and for the acts of a bankrupt, of whose actions and intentions he was wholly ignorant ? The decision of the jury seemed to imply that the defendant was placed in the position of the bankrupt After considerable discussion, the rule was granted. VICE-CHANCERY.-(THIS DAY.) (Before Sir JOIES WIORAM.) WOODS U. WOODS.--OPINIONS OF COUNSEL. His HONOUR pronounced .judgment in this case. This was a motion by the plaintiffs in a cross suit for the pro duction of documents contained in the schedule to the answer, and admitted to be relative to the matters con tained in the bill. Amongst the documents were a case submitted by the defendant to his counsel, and the opinion thereupon. The defendant had submitted to produce the case, but resisted the production of the opinion; and the only question upon which he was called sipon to exercise his judgment was whether the opinion should be produced or not. According to the admissions in the answer, and to the issue in the cause, there could be no doubt that this opinion might be material to the plaintiff's case, and the plaintiff, therefore, would, prima facie, upon the general principle, be entitled to have it produced, unless the defendant had; shown by his miswer that the document was privileged. If his answer showed that, it became unnecessary to consider whether the document might be material or not to the plaintiff's case, in either case it would be protected. It was stated by counsel in the argument that Lord Langdale had lately decided a case, in which he stated that he considered the opinions of counsel as not en titled to privilege where it appeared that it might be material to the plaintiff's case. On referring to the case, however, which was that of Robinson and Wright, it appeared that Lord Langdale recognised the authority of the cases which determined that such documents were generally privileged, and that he afterwards carefully excepted the documents that fell within the scope of the decided cases which established that principle. That case, therefore, left the authorities precisely where they stood before. In order to avoid the repetition of his own opinion on this subject, he would refer to the case of Lord Walsingham against Goodrich. He remained of the opinion which he then expressed, that while the state of the law rendered it impossible that parties should be their own lawyers, and act without professional ad vice ; it was indispensably necessary that the privilege conceded to professional communications should be main tained, at least to the extent to which it was at present. He had looked into the bill and answer in this cause, and by the answer it appeared that the opinion in question was taken after the dispute had arisen which was the subject of the original and cross cause then before him, and that it was taken for the purpose of obtaining the opinion of counsel for the guidance of the parties in re spect to that very suit. There could not be in his judg ment any doubt that an opinion taken under such cir cumstances was privileged at the time when it was taken ; and he thought it clearly retained its privileges in that suit. He gave no opinion as to the obligation of the defendant to answer any particular charge in the interrogatories. His present judgment was confined exclusively to the production of the opinion itself. BAIL COURT.—(THIS DAY.) (Sittings in Banco.) IN THE 11ATTER OF CHARLES CARUS WILSON-APPLI. CATION FOR A HABEAS CORPUS. Mr. PEACOCK, in this case, applied for a writ of habeas corpus, directed to John Kanditch, the gaoler of one of the prisons in Jersey, commanding him to bring up the body of Charles Carus Wilson. Mr. Wilson went to reside in Jersey on the 23d of September, and was shortly after arrested and imprisoned. Ile stated that he was advised, and verily believed that his imprisonment was illegal, and applied several times for a copy of the war rant under which be was arrested. The gaoler told him he had no such document, but on the 29th of September he brought in a paper and left it in the deponent's cell, which stated that he was condemned to pay a tine of 104 to her Majesty, and to make an apology to the Court for contempt. This did not state what the contempt was, what the Court was, nor to whom the apology was to be made. Mr. Justice PATTESON asked what the Court was ? Mr. PEACOCK replied that he believed it was the Royal Court.—Application granted. COMMON PLEAS.-(THIS I)AY.) (Sittings in Banco.) HUNTER, APPELLANT ; THE TOWN CLERK OF WEN LOCK, RENWOMMMISIN _ _ Mr. KEATING applied to the Court under the 6th and 7th Victoria, c. 18, to remit to the revising barrister the case prepared by him in reference to a decision come to during his revision of the list of voters for the borough of Wenlock. The application involved an important question as to the appellate jurisdiction of this Court over the decisions of the revising barristers. The appel lant alleged now that in the statement transmitted to the Court by the barrister, facts had been omitted which were essential to the care. He had applied to the bar rister to insert those facts, but the Learned Gentleman refused to do so. Mr. Keating now moved their Lord• ships to remit the case, with the order of the Court for the insertion of the omitted facts. Mr. Justice COLTMAN said, perhaps those matters which you aver to be facts, were not proved to the satis faction of the revis:;2s barrister ? Mr. KEATING said thisn was not the case. But the barrister said they were not fiterial to the case ; whereas the appellant maintained that ..2. 10 3' were so. The Logs CUM' JUSTICE said that the t3%-;lrt might, perhaps, send back the statement for the insert; O of facts, which, after hearing the appeal, they might deem to be material. But they could not interfere as to those matters at present. Mr. MUTING was preparing to proceed with his ar gument, when The LORD CHIEF JUSVICE said, that the object of the application was to put the Court in the place of the revising barrister, whereas their Lordships were re quired to decide upon the statement made by the bar rister. If, upon the hearing of the appeal, they found any insufficient, they would send back the statement to have the insufficiency supplied ; but they could not an ticipate the hearing of the appeal. The other Judges concurred, and the Court refused to interfere. COURT OF REVIEW-( THIS DAY:) His Honour Sir J. K. BRUCE was engaged during the day in disposing of bankruptcy cases, none of which pos sessed any public interest. BANKRUPTCY.-(THIS DAY.) (Before Mr. Commmission GOULBURN.) THE DRAPERY TRADE.-IN THE MATTER OF ROBERT BAN• NISTER, OF PORTSEA. The bankrupt, whose capture in the island of Madeira, and examination at this Court, had excited such interest in the commercial world, was again this day brought up for re-examination. Mr. EDWIN JAMES, before proceeding with his exami nation, briefly recountered the facts of the case to the Court. The bankrupt, he stated, had delivered a balance sheet which was perfectly untrue, and it bore internal evidence of its fictitious character. The bankrupt had been in business with his brother, and, upon dissolving partnership, he withdrew 7221. as his share of the proceeds. He then commenced trade again in Portsea in the month of April, 1844, and the fiat of bankruptcy was issued on the following July. He had in those four months got goods to the value of 17,690/. 9s. 4d., and had disposed of them again for 11,3211., thus alleging a loss of 4,8791., or 43 per cent. Among other sales effected by him in this period was one to Moses and Son, of Ald gate, of goods valued at 1,0401., but which they pur chased for 2691. 3s. 3d. Another sale to Hedge and Lowman, of Regent-street, of goods invoiced at 2001., and sold for 100/. The purchase was however denied by that firm. A third sale to a person named Williams, of goods valued at 2451., was effected for 1401. The bankrupt's expenses, during the period he was in trade, amounted to the enormous sum of 1,9001., being an average of 2001. per week. H e (Mr. James) was happy to state that a sum of 3,500/. had been rescued from the bankrupt, bis wife, and a person named Quin, who was a sort of general vouchee, in cases of sales and purchases. He (Mr. James) would not enter into details of matters which would be ren dered sufficiently Blear by the bankrupt's own examina tion, and he would therefore at once proceed to question him upon the subject of his schedule. Mr. JAMES—What amount of goods did you sell to Moses and Son, of Aldgate ?—The amount stated by me already, 1,0401. Mr. JAMES—What amount de you mean to say you received from them ?—For one lot 2001. and for ano ther 180/. QUEEN'S BENCH.—(THIS DAY.) (Sittings in Banco.) ADDIS V. GARDINER. This was an action brought against an attorney for negligence in investing a sum of money belonging to the plaintiff, in consequence of which the money had been lost. The action was tried at Liverpool, before Mr. Justice Cresswell, and the jury found for the plaintiff. Mr. KNOWLES now moved for a rule nisi for a new trial, on the ground that the verdict was against evidence. The declaration alleged in the usual manner that the defendant had been retained by the plaintiff as an at torney for fee and reward, and that he had neglected his duty. The pleas were, first, not guilty, and, secondly, that the defendant had never been em ployed as an attorney, The plaintiff was an artist, who had received many acta of kindness from defendant, who had been a patron to him for years. In February, 1840, the plaintiff wrote to the defendant, asking him to invest about 2001. for him, which he had saved from his earnings. The money was lent to a person named Baines, to whom the defend ant had subsequently lent 200/. Baines father was joint security with himself fir the repayment of plaintiff's money. The younger Baines died insolvent, and the elder Baines gave up his property to his creditors, which only yielded six shillings in the pound. He moved to set aside the verdict, on the ground that there was no evidence whatever to show that the defendant had ever been retained as an attorney. There was no bill of costs put in—there was no proof given of any payment of tees from plaintiff to defendant, and all that appeared on the trial went to negative such a supposition. Lord DENMAN—You had better hand up the letters which passed between plaintiff and defendant, and we will see my brother Cresswell on the subject. Mr. JAMES—WiII you swear that you received more from them than 2691. 3s. 3d. Will you swear after look ing at these invoices thatyou receivedmore ?—I thought there was more, but unless there are other receipts this must be the amount. Mr. JAMES—Do you mean to represent that the goods you sold to Moses and Son for 269 L 3s. 3d. cost you 1,0401. ?—I should say not, decidedly not. They cost about two-thirds more than they were sold at. Mr. JAMES—What do you believe they cost you then? —About 7501. Mr. Commissioner GotrizußN—What induced you to put down a different sum then?—l have given up every farthing, and made the best statement I could. Mr. JAMES—Answer his Honour's question.—Those amounts were correct to the best of my memory. Mr. JAMES—What made you fix on 1,0401. for Moses and Son ? What was your particular reason for so doing ?—I believe to the best of my memory I thought it correct. Mr. JAMES—You have put down to Hodge and Low man goods costing 2001. at 100/. When did you make that sale ?—Either in May or June. The goods were not invoiced in my name, and they have therefore denied the purchase. I sold them in the name of Williams, which is a fictitious name. Mr. JAMES—Did you take the goods there ?—Yes, in a cab, which I took only to Oxford-street, and the goods I took into their place in separate parcels. Mr. JAMES—Do you mean to swear, then, that these goods cost you 200 L, and that you sold them 50 percent. under cost ?—Yes, I should think there was a loss of 50 per cent. Mr. JAMES—You have charged in balance sheet sales to a person named Williams of goods which you say cost you 245/. Who is Williams ?—I believe he was in the drapery trade, but I cannot say where he is now. Mr. JAMES—When did you sell him these goods ? In June of this year. Mr. JAMES—Where did he live then ?—I do not know. I met him in Cheapside. I had met him before. He had lived in Birmingham some years before. Mr. JAMES—Where did you effect the sale P—When I met him I said, I've got a lot of goods for sale ; and we went in a cab to the wharf, got the goods, and went to a public-house in Oxford-street. I left the goods, and met him at three o'clock, by appointment. He told me that a hawker had given him an offer for them. I ac cepted the offer, met him again, and he paid me the money. Mr.JamEs—Where did you meet him again P—At the house in Oxford-street, where the goods were sold. I do not know the house, but it was on the right hand side going westward, between Tottenham•court road and Regent• circus. Mr. JAMES—How much did he pay you?—To the best cf my knowledge, 1051. I gave him no receipt. Mr. JAMES—How was the money paid ?—ln Bank of England notes and gold. Mr. JAMES—In what part of the house were the goods sold ?—ln a private room. Mr.Jamits—W hat did you do with the money?—Took it t) Portsea. Mr. JAMES—How long previously did you meet Wil liams before this transaction 7—About nine or twelve mouths before. Mr. Commissioner GouLBURN—What was this Wil liams, and where did you meet him P—ln the Johnson's Head, Fleet-street ; and I believe he was assistant to a ( MONEY AND COMMERCIAL NE NV ° draper, but where I do not know. I i , CITY, QUARTER TO TILRE.q. Mr. JAMES-When did you get the goods that you al- i The Cotton Mal•ket at Liverpool yesterday was quiets' lege had been sold to Williams ? - They w e re l y in g at , Sales, 2,000 bales,at p revious rates.-A fair business avaSs Wkitcroft's wharf. done in shares, and, on the whole, at firmer rates. French- Mr. JAMES-What kind of goods were they ?-.rheY shares were in request. Churnet Valley, 31. lls. 61 1 -;: . were shawls and silk handkerchiefs. The shawls were Direct Northrn, 21 ; Dublin and Cashel, 9 ; Perpet ual ,• of Manchester, and Alfred Thomas's. 1 31. 12s. 4d. ; Grand Junction Half Shares, 1031 ; Greer Mr. Jimes-Now attend to this question. Did n ot 1 .a;'estern Half Shares, 871 ; Liverpool and Manch es t er. you state to Mrs. Quilter-now she is here, so be careful I Half, hares, 1001 ; Liverpool and Preston, I 9s. 6d ;.. -that you and the man Quin took these goods from the L on don ,and Birmingham, 214 ; London and Binning:, wharf, and that Quin sold them ? - No ; that conversa - ham 32 Shares, 241 b;: , ; ares, 361 ; London and Birmingham Quarlli... f Mid tion referred to another lot. Manchester and Leeds, Halves, 47 1 i1 t ..... f Mr. JAMES- W hat goods then did Quin assist you to land Counties, 107 4 ; Newcastle and Berwick, 41 ; Shet take from Whitcroft's ?-I was rather confused, and field and Lincoln, 2/. 16s. 3d. ; South-Eastern, 42 1 2 1 might have said that Quin went with me. Ditto, New, 1.5 ; 1.11.51,"r, 39 ; Lyons and Avignon' , 1. .. Mr. JAMES-Look at the invoices now produced, and 9s. 6d ; Paris and Lyon. , 3/ ; Paris and Rouen, Of ' point out the goods sold by the man Willia m s . But Orlean , Tours , an d Bordeaux, 31; Boulogne and AmiA si s first, were these goods taken from the public-house before 41. Bs. 9d. you had the money ?-They were so taken away. I see There are late accounts from thc Cape of Good Hope: Bannermann here fur 1801, and Thomas for 771. Ils. 10d. this morning. A most severe gale heel been experiencea= Mr. JAMES-Well, any other ?-Yes, some others ; at Port Natal. The Brazilian slaver Isabel, detained bf but I can't point them out now. her Majesty's ship Cleopatra, parted from her anchors; Mr. Commissioner GouLBURN wished to know if Mr. drove on shore. and was totally wrecked. From tbi, . James had any other case of a similar character t o that part of the co l o n y there has been received g Stun& t 0 of Williams ? cotton - wool of a sup erior q ualit y , grown here; Mr. JAmEa-None, perhaps, that would com e under The Shipping a nd Mercantile Gazette, p ublished at ts the same category. Before he would proceed , ho w e ver, Cape, says, on t h is matter :-" We consider this I to the cash account, he should ask the bankrupt one or subject of so touch importance that in transmitting tts two general questions. sample (of cotton just referred to) we purpose using To the bankrupt - Was the man Willia ms ever men- freedom of bringing it to the notice of factors in 1 _ :_" 1 , tioned io any person before the balance she et was filed ? fluential quarters in En g land, full y trusting that tn" -No. growing cotton in a British colony, and by free-labon ' Mr. JAMES-Rave you any more to add, for his will obtain protection and encouragement. The Znoil i ! ' Honour's information, about the disposal of t h e se g oods tribes, known to be in m an y p arts of the interior "; •to Williams ?-I have no more to add. dense population, evince a disposition to be industrious. His Honour retired for a time, when , in re ference to To the bounty system p romul g ated b y the Govern' a remark from Mr. James, the bankrupt passionately ex- *tent, many objections were raised by the colonists" claimed, "So help me God, I have not a guinea left in nomplexity being complained of generally in the order. the world, nor a person on whom I can come fo r a shil- issued - still , sanguine hopes were entertained that tr, ' ling. I know you think that I have a l ot of g oods and plan would w o r k advantageously i soon. The value ri kmoney, and all that sort of thing , but it's all false." importations at po rt Elizabeth, n the quarter endil Mr. James-Now turn to your balance - sheet. What the 4 th July, was 51 , 9591 , and of exp or ts , 55,398/, °., money had you altogether, from the t ime of y our which 33,521/. were for wools shipped to the mo the l commencing business in Portsea to the date o f the fiat ? coun t r y. Th e E as t e rn frontier had been ple e -To the best of my knowledge 6,9211. 45., but it is im- in a more safe position by the establish. ' possible to say the exact amount. msnt of a lino of military ports along establish. Mr. JAMES-Now, have you not put down a sum, front of Catierland, so as to command every Kraal, in r of amounting to 1,900/., for expenses during th at p eriod ? short time , within twenty miles of the boundary linei Do you now adhere to that statement ? - N o. The items Among the Callers there was a strong party in fitiou amount to 1,2391. only from the time I left N ottin g ham. war. The chiefs w ere a ll p e a c e abl y inclined. DI Mr. JAMES-Explain the 2101. charged in the balance- had promised to do their best to propagate the Chri:stis sheet at page 3 ?-There is a 251. for clothe:, 3/. 10s. religion in their territories, and to protect the perso o for boots and shoes, 311. 10s. for .a watch, and A good the families, and the property of the missionaries. deal was spent in theatres and saloons, and such liiLe• In the Funds this morning there has not been Mu ch Mr. JAMES-Why, the gold watch, ring, &c., is ti, - • business transacted. Money is still on increased' ready charged at page lof your account. Can you men- demand, but we cannot quote any advance in the rate tion any one place where you ever spent 20/. at once?- o f interest upon the discount of the first class of coal' i No, I cannot. mercia; securities. The determination of the Bank 0 Mr. JAMES-Your Honour will find that these sums England is , charge a per centage upon accounts r; are included in a sum of aiol. charged for private ex- milted for the 2ublic to their own branches, has bea u ty penses. Your explanation then is, that the money was subject of conversa tion, an d of c ourse the p lan is lien.',. spent in theatres and saloons ?-Yes, I was rather, gay, b e o bj ec tionable; but with the severe terms (at least 4311:: and spent a good deal of money that way. holders of Bank Sleek are -of such opinio n ! I Mr. JAMES-Now I observe a sum unaccounted for of exacted on the late renewal of the charter, 7 242/. 4s. Can you give any account of that money ?- question the Court of Directors will rec eiv e the a pp rc % No, not the slightest. I only know that I haven't a of the Proprietors for turning to account all the onsets farthing, and have no claim on any one. they have in their power to increase t he rest. C for Mr. JAMES - You have put dawn that you have ex - have been at par to 100 1 for Money , a nd 1001 to l',.'s,, peuded 441. Bs. in Manchester, Lichfield, Derby, and t i me . Th e G ove rnment broker is still a buyer. EO„' o 4 London. In what time was that spent ? - Twelve days quer Bills are 63 5. to 65 5. premium. Bank S tock is ..4d„ to a fortnight. to 205, and India Stock 2861 to 287. New Threesan Mr. JAMES-Have you any vouchers for any of those a-Quarter per Cents. are 1021 to 1011. fool expenses ?-No. The market for Spanish Bonds is s till supported, ts., Mr. Commissioner GoULBUMV-These expenses ex- they have been marked 24 to * for the Five per Cel ..s , tend over a mass of nine pages, and comprise small 351 1 for the Three per Cents. Dutch Two -an" to amounts, exceeding in the aggregate 7,1901. Follow that H a lf per Cents. are 651. and the Five per CO ,ii up, Mr. James, if you please. 99. Messrs. R. Raphael and' Sons have reset Mr. JAMES-You have heard what his Honour said. an account of the drawing of the 31,000,000 florins IN„,tv be Have you vouchers for the sum of 16,4401. 4s. 3d., which Five per Cents. at the Hague, on the 2d instant. ..1. 0t remains after deducting the amounts to your credit ?- letters V. IL have been drawn to the amount • Sr I have no vouchers but what you have seen. 16,316,000 florins, and the letter S. of 8,684,000 florllsTos Mr. JAMES-How then did you come at those very the former including the bonds of Harpent an d _ . „,i minute sums ? What materials had you to enable you to d er Hoope, and the latter of Saportas, to be cony furnish your accountant with these items ? Here is one , into Four per Cent., or the money claimed at Anister„t`&, for instance, spent in London, 10 /. 10s. 6d. ; expenses in b e f or e the 28th inst. The letters N.I. X. C. R. L. Q. 5 7„, London, 161. 10s. to the amount of 2,157,000 florins, and S. a further rs,j, Mr. Commissioner GOULBURN-Waiter in Vauxhall tion of Saportas Bonds, to the extent of 3,843,uu" Hotel 5/.; and London, in July, spent 1 /. 10 s. ld. florins, were also drawn for payment in money. 3843,u" Hotel Bankrupt-I did the best I could to furnish a correct ajar' Bonds are at 119. Portuguese Converted 0b1i,,, account from memory. 55 to 1. Mexican are firmer, at, an improve ment to ii." Mr. Commissioner Gouenuner-I think, Mr. James, Brazilian are 84. a. eels you have carried this far enough to warrant the ad - There is a quit market for Shares generally. journment; I cannot think of passing the bankrupt on are very firm. • this examination. BRITISH FUNDS Ti:IJS DAY A.T ONE O'CLOCK . Mr. JAMES-Have you any other explanation to offer (From the Pfficial List.) ,A, flii on the subject of your cash account before this part of Bank Stock . ....... ........,....,................ 204 r 3 per Cent..ieduced Annuities .; 99 100 the subject is concluded ?-None whatever. I've done toe gli 3 per Cent. Consols. Anna' ti,„: best I could. New 3 1 ,i per Cent. Annuities 102% il 1 tvo -1 ki r . ;Ames then proceeded to press for a COM- Long Annuities, Expire sth Jan. 1860..... - „„, 2 96% India Stock ...................... ...... .................... r„,.,', L snt, ca 7 the ground that the bankrupt had Console for Account ....................................• ivy,' not furnished saugactory accounts, but His HONOUR, after e4laining to the bankrupt the ob ject of the Learned Counsers application, asked whethtr he would wish to consult some professional adviser in the matter ? The bankrupt would feel grateful it an opportunity were given him of engaging counsel to defend him in the matter. His HoNoun said that he was sure Mr. James wot:id be the very last to press the law too severely, especially when the bankrupt was undefended. Mr. JAMES asked whether it would not be expedient to commit him into the custody of the messenger of the Court ? His Hortoun said that he could not decide upon the matter beforehand, and he would therefore adjourn the examination till to-morrow at one o'clock. Exchequer Bills. IMO!. ........ Ditto Small... Ditto Advertised....... .. _ FOREIGN FUNDS THIS DAY , AT ONE O'CLOCK I%d. 114 d. 65 63 Pol• •••••••••••• MIDDLESEX SESSIONS. (THIS DAY.) (Before the ASSISTANT-JUDGE and a full Bench of Magistrates.) John Smith, dressed as a mechanic, and John Stevenson, a most respectable looking young man, were indicted for stealing an umbrella, the property of Hugh Garden. The evidence went to prove that both the prisoners were observed to go into the house of the prosecutor, about night-fall, and Stevenson take the umbrella, which he threw away upon being pursued. The jury acquitted the prisoner Smith; and, having found Stevenson guilty, The Learned JUDGE expressed his regret at seeing a person of the prisoner's acquirements and previous respectability in such a degraded and melancholy posi tion ; however, the law should take its course. The sentence of the Court was—that ho be imprisoned, and kept to hard labour, in the House of Correction, for three months. John Perry, aged 13 years, who was found guilty of felony at the last sessions, and judgment deferred for inquiry, was brought up this morning, and sentenced to be transported for seven years. Henry Smith was found guilty of stealing a coat from Mr. J. Wells, into whose house he was admitted for charity, he being at the time in the utmost state of des. titution. The COURT sentenced him to be transported for seven years. A very old and respectable-looking man, named John Williams, was indicted for attempting to break into the house of Frederick Barry. The prisoner pleaded guilty to the charge, and stated that he must have been out of his senses at the time he made the attempt, for he could make no other excuse for his conduct. The COURT said, in consideration of the prisoner's age and previous character, it would inflict but a light penalty. The sentence of the Court was that he be im prisoned for two months, with hard labour. 63 :-- 103' MARLBOROUGH-STREET. (THIS DAY.) James Ryan, between 40 and 50 years of age, one of the waiters at Hawkins's Hotel, No. 29, Albemarle street. was placed at the bar, charged on suspicion of steal ing a letter-case containing a 101. Bank of England note, about 201. in gold, two gold pins, a gold pencil-case, and other articles, the property of Captain the Hon. Dudley Worsley Anderson Pelham, R.N. It appeared that the prosecutor arrived in town from Yarborough, Lincolnshire, on Thursday evening last, and put up at Hawkins's Hotel. He was waited on by the prisoner, who unpacked, by his directions, a . portion of his bag gage, in which was the writing-case in question. On the following evening, the prosecutor having occasion for some money, made a search for the case, but could not find it. He questioned the prisoner about it, but he denied having seen it. Not feeling quite confident that it had been packed with his baggage, he wrote home, and last evening received an answer that it had been placed in a carpetbag, which was a part of his luggage the prisoner had opened. Under these circum stances he made application at the police-station in Vine-street, Piccadilly. and Sergeant Gray, No. 10 of the C division, was immediately engaged in investigating the matter. The constable by dint of much perseverance succeeded in discovering that the prisoner, who was known to be without money lately, had since Friday been very flush of cash, and that he had discharged several small debts he had incurred in the neighbour hood. On Friday night he absented himself from the hotel without leave, and returned at two o'clock on Saturday morning very much intoxicated. On Saturday he applied for his wages, which, however, were not paid him, but on his being closely questioned by the con stable, he admitted that he had on Sunday night inclosed to his wife, living at Bath, 13/. in money, adding, that he knew nothing of the prosecutor's property. Mr. HARDWICK asked the risoner if he wished to say anything in answer to the charge ?—The prisoner said he was quite innocent, and could prove by respecta le witnesses that he had between thirty and forty sove reigns very lately in his possession. He was remanded until this day week. 66 65 p Brazilian Bonds, 5 per Cent. ... .. ....... -- Ditto New Bonds, 1829 and 1839. Danish Bonds, 125, 3 per Cent 89% Dutch Exchange 2% per Cent % Mexican Bonds, 1837,5 per Cent. -..........--. 35 35 Ditte for the Account ......, Portuguese Bonds, 5 per . e:ent...;.............. -' Ditto Converted........ -......... ...... ............. • -• ,,,1 4 : Ditto for the Account.... ........ . ... ............. • ~,.'" Russian Bonds, 1822, 5 per Cent., .............. : ''' . rAS6 2 * Spanish Bonds, Five per Cent 1640...........••• 21 " D i tt o for the Account " Ditto Deterred. Ditto TbrCe per Cent ........., — Ditto for the Account .........a 3SS If Mitch 2% per Centa.....4 627. Dutch 5 per CeRU.....4.i..........a..... ....... N 99 PRICES OF SHARES THIS DAY AT ONE O'CLOCIg. RAILWAYS. • PAID. PAIL SNAILS 10 1 Birmingham and Gloucester lO9 ~.......102 ........• t o .... Ditto New Great Western ... ........ Ditto Fifths —.............. 12'.....».. 253 ( ...... ''" London and Birmingham.......... 100 .... 214 ......... to ...... London and South Western ...... 41% Ditto Eighths London and Croydon ...... ...... ... to .... London And York. .... .........- ..... Midland Birmingham and Derby.. - Newcastle and Darlington . Junct ...... to •"":. Portsmouth Direct ........ ..... .... 1-. ... to •--, South Eastern and Dover .....».. 325 i 42% % 14 Ditto New 4 -. ..... ... 154 ..-.. t ° Yarmouth and Norwich 2g ....•»•. 25%3( ... t ° ..... Ditto New - ...»..........».. 5 York and-No rth Midland ......... 50':.».» 113 114 ... toye Data 14 Shires. ....... .!........... 25 - 56 .... ... t o Ditto Scarbore' Branch .... ..... • 1.0, 3 7% ...... to , :d Ditto Selby Scrip ...... ..... ....... 20, 79% ...... tO ''' Boulogne and Amiens Y'....,... 4%1;...... to , Orleans, Tours, and Bourdeaux 1-..»..... 4 ... ...... to ",-. Paris and Lyons 2 'l% ...... t° / Paris and Orleans ..... .. ..... ......... 20 Parisand R0ue5a.;...... ' • .. 41 • . 139%%% 0 K:;E L oti Ira ii , MANCHESTER SToCxcEtitN9E, Nov. 5.-- ,, - _,/ had a more animated .Market, and prices close nrlo Barnsley Junction, 51. ; ; Belfast and Ballymena, 31 3, .4ii Burnley and Accrington, 2i; Wigan and Liverpooti' or' Cambridge and Lincoln, 2 2*; Huddersfield and Pieta chester, s*; Huddersfield and Sheffield, 4* ; g/tf o te Counties, 13i ; Sheffield and Lincoln, 2 1-16 2 ,l,L,lisles chester and Birmingham, 50i; Newcastle and Uolifir 104; Preston and Wyre, Pref., 40; Sheffield and 131.; chester, 101; South-Eastern, 4 : 4 . ; West Yorkshire'„ool Boulogne and Amiens, 41-; Manchester and L iv e rirgii District Bank, 10i; Manchester and Salford Ditt° l ' Bolton, Darwen, and Blackpool, 2i. MARKET NEWS.—(THIS DAY") CORN-EXCHANGE—WEDNESD 0 There was only a moderate supply of of English ost while the demand for that article was sotl3,_f hart active, and prices were steadily supported. 'PI , is Foreign Wheat was in good request ; h i/ Til e other kinds, comparatively little was doing. ~biell su pply of Barley was extensive, owing t o the demand for it was heavy, at barely th e le t depression. In Malt very little was doingvress prices were supported. Oats, Beans, and were in good request, at full currencies. ARRIVALS ll ° Wheat Earley. Oats. 6/0 English.... ..... 1,310 qrs. 2tlo qrs. ' ~...• 1ri5h............ --- ---• 1,720 4111. .00" F0reign.......... -- 1,020 alt. 20 art, WIIITECHAPEZ. de' The supply of ,`,;leat was not to say large, rt s W e ar 1 ta mend was in a sluggish state, at barely p revi „, ou 40 0 rencies.—Beef, from 2s 2d to 3 s 4d; Mutton, 4 30 1 3s 8d ; Veal, 3s to 4s ; and Pork, 2s 6d to per 81bs by the carcase. , . ...... _...;sge FUNERAL OF THE LATE COUNTESS OF BERKELEY. —On Tuesday the mortal remains of the late Countess of Berkeley were interred in the family vault under the chancel of the parish church of Cranford, Middlesex, in which vault repose the remains of the Earls and Coun tesses of Berkeley for upwards of 200 years past. SYMPTOMS OF A SEVERE WINTER.—The General Steam Navigation Company's steam-ship Soho, which arrived in the river early yesterday morning from Ant werp, reports that on leaving that city on Sunday the snow was full a foot deep on the ground. MR. JUSTICE ERLE.—Though the appointment of Mr. Erle was completed yesterday, he was not sworn in. A correspondent informs us that he will not be sworn in before Friday next. At the sitting of the Court of Common Pleas, on that morning, he will be made a Ser geant-at-law, and afterwards proceed to the Lord Chan cellor's private room to be sworn in, and on his return will take his seat on the bench. The elevation of Mr. Erle to the vacant judgeship will not make any altera tion, or create any vacancy on the western circuit, to wilich its belonged, as i,he 'mimed Gentleman iis►d ceased going the circuit for the last two years, although he held no official situation except upon a special retainer. NOVEL WEDDlNG.—Yesterday forenOon a ni r th,Ae took place at the parish church of St. Ge nr ! g . . - t n s: East, Cannon-street, which attracted much c9riost-.,00 caused a large concourse of persons to asset:obit". girl' bride was Ann M'Cormick, an exceedingly 1 3 :e"ie w who belonged to Rains's 1001. School, and the bridebo, William Channay, a smart young fellow, belong'nc the Wellelose - square division of the fire brigade:ooo the numerous institutions of which the gr eat me t ' 0 0 abound, there are few from which more positive lairerofel are disseminated than that of Rains's, near Old The h e i,, lane, in the parish of St. George4n-the-East- , ", nevolent donor had by his will left a sufficient' the tr., money to support forty girls, to be elected from f rochial schools, for four years. At the end ,°ooingY period they are sent out to service, and, upon n ' 0 0i the age of nineteen, and their characters beingioseri proachable, they become eligible to draw in ¢ efe a t for a husband. Two marriages' take place T oo r, "- year, namely, one upon the merry Ist of ie obs r i " Sweep's day," and the other on the sth of I s T e ch or " Guy Fawke,' day," and on the morning p f , gal (31 ' those days a drawing takes place for the Ist c" oCe l. ; the sth of Nov., as the case may, be, and Mili s y meek having drawn the prize on the Ist of the 1ne,7,3 was, of course, the next for preferment. Whe n c"„,rts o ": 4 ticket is drawn, the next thing to be done by '„" itolOP; owner is to seek out for an eligible partner (no t " tes tate' . Catholic, for they, according to the will of the he Otsto are ineligible) in the parishes of St. George in the O a ! St. Paul, Shadvvell, or St. John, of Wapping' .11 being done, notice is given to the trustees for toicv proval. In this instance Miss M‘Cormicks ch oclieg upon the " waterman-fireman," and the trust•eiss,ir 00; no reason to find fault with his good looks or „ of ee a nothing more was left but to go through the h i n c lit s too 3 . , A ; mony. In the evening, according to the usua l ,' the Died, dinner took place andshe institution, at wh ic '" tten de and bridegroom, several of their friends, T oo , thl and after the heaith of the happy couple w as g bund re e chairman presented the bridegroom with one from th new sovereigns in a bag, as his bridal. port ion institution. AND Olt RECIPE FOR REFRESHING RASFHERIII gre 4 JAMS LONG MADE.—BoiI blackbevry jui ce e on e eta reduced; add white sugar in the proportion oi s _., oo , $ to a pint of juice ; mix the old jam with this t g 5 0 1.0 boil until sufficiently done. By this means as well as the flavour is restored. a for P" The Royal Exchange will not be open bus n u ~,g, business until after Christmas. Workmen are t theopen n , chguged iemoring the decoration. used ,_.,artine and fitting up Lloyd's, the insurance an' shops, &c. • • THE QUEEN V. THE MANCHESTER AND LIVERPOOL RAILWAY COMPANY. This was an indictment against the defendants for a nuisance, for obstructing the public highway in New Bailey-street, Salford, by the erection in the carriage way of that street four pillars, on which they had erected a bridge, ewer which they had carried a portion of their railway. The case was tried at Liverpool, before Mr. Justice Cresswell, and a verdict passed for the Crown. Mr. WORTLEY now moved for a rule nisi to set the verdict aside, and have it entered for the defendants, or for a new trial, on the ground of misdirection by the Learned Judge, or at all events that the verdict should be confined to that part only of the works which were the subject of the indictment. The bridge had been erected in the course of the construction of a railway joining the Manchester and Liverpool, and Manchester and Leeds, and Manchester and Bolton Railways, in one common terminus. The Act of 1826, which was the original Act forming the Company, gave them power to erect bridges over public highways and streets, for the purpose of carrying on their works. An Act was passed in 1839 empowering the Company to con struct a junction railway, which gave them all the powers of the first Act. That road was not constructed, and in 1842 an Act was obtained for the construction of the present railroad, continuing to them all the powers of the two former Acts, and under these Acts they had the power, as he contended, of erecting these pillars. He had to complain of the summing up of the Learned Judge at common law. He had told the jury that no jury would be doing their duty who could find the erec tion of an obstruction in the public street to be anything but a nuisance. Lord DENMAN—I doubt if be went far enough. Be ought to have told the jury that any obstruction what ever, preventing the passage over a public highway, was a nuisance in the eye of the law. Mr. WORTLEY apprehended that there must be some thing more than mere obstruction to make a nuisance. Beside 3, he contended that, under a proper construction of the Company's Acts, they were authorised to erect these pillars. There was only one single pillar in the carriage-way, and he submitted that, at all evenrs, the writ of abatement ought only to issue as to that one pillar. lie trusted, that if such were the case, some eem.