The Sun. — London, England, 1821-12-15 00:00:00

• THE LONDON, JOURNAIS. DAILY EXTRACTS . FROM THE 11011:SING PAPERS December 15. [MORNING CHRONICLE.] What Ireland wants is, the abolition .of humi liating distinctions, a reform with respect to tithes and the revenue law, institutions for the improve ment of the population, and a judicial administra tion suited to her situation. The system of 'Ma gistracy of England is unfit for Ireland. The in stances mentioned by Mr. Wakefield are a suffi cient proof that the Gentry of Ireland will not do justice to the. poor. An .Idstitution like that of the Sheriffs of Scotland, men of liberal educa tion, exempt from the influence of localconnections and local prejudices, would, .ive have no doubt, be found to answer much better. Justices of Peace have the same powers in Scotland' which they have in England, but they have compara tively little to do there from the preference na turally given to a description of Magistrate in every respect so much superior. The salaries paid to this new description of Magistrates would form a small set off against their utility. But NVIIZ tever this expense, it ought to be borne. The administration of justice is the first duty of a Government ; and experience has sufficiently proved, that the Gentry and Clergy of the country are, generally speaking, unfit to be en trusted with it. It requires the strong controul of enlightened public opinidn to render this de scription of Magistracy tolerable in a country ; and public opinion is yet to form in Ireland. [MORNING POST.] Yesterdaya novel and interesting circumstance took place in the Court of King's Bench . . An Indicment preferred by the Constutional Asso ciation being called on for trial, the defendant offered a challenge ) which, in legal language, is called a challenge to the array or to the whole Jury List as presented by the Sheriff. The ground of this objeCtion was, that Mr. Sheriff Garratt had, before his entry into office, sub scribed to the . Association ; and, although he withdrew his name before he was appointed She riff; although he . never attended any Meeting of the Association, or in the remotest degree inter fered with their proceedings ; and. although not the slightest imputation was, or could be, thrown upon the motives of the respectable Sheriff, the Court 'set aside the whole array ; and as a consequence, the Trials of all the Indictments preferred by the Association have been postponed, in order that fresh jury Lists -may be prepared, which- shall be free from the objection we have mentioned. — This we think is just'as it should be. 'We think the administration of public justice should be not only pure but unsuspected : and more espe- Cially do we think that. the conduct- of so high an Officer as a Sheriff should be ,such as to leave no room for complaint ; no, not even from the criminal who may be delivered over to him for ex ecution. But suppose a Sheriff were to pUt himself in the situation of a prosecutor in a case affecting the lives - of many of his fellow-subjects ;—sup pose, for instance, he were to mix himself up with the proceedings of a Coroner's Inquest, to hunt after evidence like the veriest pettifogger, and to disgrace his office by bullying the Coroner in the execution of his public duty ? If such a man were afterwards to return a Jury to try any of the persons who might have been affected by his conduct, it 'is unnecessary, with the case of 'yes terday before us, to observe that the wholearray might be challenged ; but we will venture tO' say such a man would himself be liable to an indiCt thent. We put the case hypothetically, and our Readers can probably tell us if they recollect in instance wherein , it might be 'stated per sonally. If their memory should fail, Mr. Waithman may perhaps assist them in find ing the 'application of the case. As the a& vocates of outrage and blasphemy are very triumphant on the proceedings of yesterday,'" We have only'to beg that they will be satisfied with the verdict of a Jury of their own choosing: The trials are yet to come on ; and, if those who now rejoice will be as satisfied as we • shall with the Ultimate, result, there will be little occasion and lass reason for assailing the administration of jus tice with coarseness, -ignorance, and brutality. • . - . [Tue TiMtS. Ministerial arrangements - are now, we sup pose, in . a state of completion : the Grenvilles are to come in, by their 'representative Mr. Charles Wj'im, This gentleman is; no doubt, io go to' 'the Board of Control; the pre sence or absence Of - the present worthy Ileac!. a 'that department hardly recalling even his name to public recollection. And not only is Mr. Wynn. to becorne . President of the In dian Board, but. being, it is said, anxious with the rest of the Creiivilles for the success of The Catholic Question, tie haS stipulated that he ;ball be allowed to support the emancipation, - with all the influence of his 'office. The Marquis of Hastings is said to be like the Old Man in The Fable, who, having invoked death often, is 4f last extremely loath to receive his summ ons. Ws Lordship is not willing to leave India itnine 7 diatelY ; but. hiS successor will, it is now as serted, still be Mr. Canning, " for where else Can he go is the common cry. Dr. Phillirnore is talked of as a new Lord' of the 'Admiralty. We regret this - ekceedinglyf'--not in dislike to Phillimore, hut iii diSlike of these useless offices., and frorksorroW that there is no inten tion of abOlishing or reducing them. The general obserVation that we should make upon all these appointments is, that Ministers are strengthened by them in the two louses; and the country gentlemen will now, therefore, it may he feared, bring their complaints before Parliament, With adiminished probability of procuring relief 1.) . ) , retrenchment, Out of the Parlianient, there is nothing in thechanges carCulated to prodUce a favourable effect. on the PUbliC mind, or en gender a more affectionate regard to the Govern theta': they will be viewed with apathy or dis gust. There are arso certain changes in the law departmenti in Treland.. Mr. Saurin, it is' re ported) is to succeed the Lord Chief "Justice Norbury, who retires, in order to make way for Mr. Plunkett as Attorney-General ; and this latter gentleman's succession to the Attorney- Generalship in Ireland is surmised (we know not how correctly) to be preparatory to his trans fer to the eminent station of Lord Chancellor of England, whenever Lord Eldon retires. [NEW TIMES.] We yesterday expressed our satisfaction on ob serving that the depredations in Ireland were car ried on with less barbarity than had previously been the case ; but we by no means wish to withdraw the attention of the public from those features of peculiar atrocity by which the recent disturbances have been marked. Let it not be forgotten, that crimes have been perpetrated in that unhappy country, compared to which the warfare of sa vages in New Zealand is mildness itself. The savage seldom ernbrues his hands in the blood of his fellow-creatures except from provocation ; but in Ireland assassination has been resorted to with every accompaniment which can render it super-eminently detestable; strangers, women and infants, liave been sacrificed with the obnoxious individual ; and blood has been shed, not to gra tify interest or to satiate revenge, but in the mere wantonness of feline ferocity. No one, we apprehend, except those politicians who insist that the Executive Government is the parent of bad harvests and severe winters, will ascribe this to religious or political feelings. ' Ilis Majesty's visit made a peace, which has not yet been broken, between the contending parties ; and in consequence it has had this happy effect among many others, that it has prevented faction from casting a cloud over the source of atrocities of which Ireland is at present the theatre, and from thus bewildering the understandings of those men in the state "who possess both the means and the wish to serve her. No political or religious ob ject has been avowed by the deluded assassins ; their Victims have not been men invested with political or religious power, and all the evidence which can be collected proves that their motives —base and criminal as they are—are purely per sonal, and not connected with any topic on which ie opinions of our Statesmen are divided. DIDRNING HERALD.] " The Constitutional Association" has met with a discomfiture more fatal than even verdicts for the defendants. The proceedings in the cases which stood for prosecution at its instance, have been vitiated ab initio—and the vice which has been discovered in them is a convincing and practical proof that voluntary, numerous, rich, and irresponsible combinations of this kind are not proper or, congenial organs for promoting the ends of justice under the British Constitution. — The proceeding was this :--The Counsel for the defendant challenged the array, on the ground that the'Sheriff who impannelled the Jury was not indifferent—being, in fact, himself a prose cutoi! The issue was referred, as a preliminary question, to two chosen tryers, whether Mr. Sheriff Garratt, who, in that capacity, returned the Jury which should try the case, was not at the time a member of the Association ? The tryers returned their verdict in the affirmative, - upon evidence of the facts submitted to them. An attempt was made to chew that Mr. Sheriff Garratt had taken no share in its proceedings. This was rather a flimsy mode of sustaining an opinion of his impar tiality. He had paid his subscription of five guineas ; and it is not, at this day, that people open their purses for any purpose in which they do not feel a pretty strong interest of one kind or another. Another statement was put forth' of his having formally withdrawn him self. But did he withdraw his subscription from the funds ? And is it not to be presumed that his heart still went with his money ? When a man has laid out his money for any purpose, he must have a hankering interest in its efficient ap plication. The retirement of the worthy Sheriff too appeared of rather an ambiguous and waver ing kind, if the witnesses were not mistaken in their statements. We are sure, however, that the Sheriff is incapable of abusing his autho rity in this exercise of it, and that the Jury was as fairly constituted as Special Juries generally are ; but still the idea of the prosecutor having a "controul over the nomination of the panuel is abhorrent to the British Constitution. [BRITISH PRESS.] The proceedings which took place yesterday in the Court of King's Bench were highly inte resting. The Bridge-street Association has re ceived another blow, which throws a great dis credit upon its character. It will be seen by our report of those proceedings that the trial of the indictments for libels, which had been found at the instance of this Society against certain printers and publishers, was interrupted by a decision of the Chief Justice, who admitted the validity of a challenge to the array of the Jury 'in one of the cases, upon the ground that Mr., Alderman Garratt, one of the She riff a She riffs, was member of the Bridge-street Society, , and consequently one of the prosecutors at the time of empannelling the Jury. This objection was made in Mr.llolby's case, and being equally pertinent to all the others that stood for trial, it had the effect of preventing further proceedings. Never, certainly was there af) attempt so mi serably unfortunate as that which has been made by the framers of the Bridge-street Society to protect the power and character of his Majesty's present Ministers. On every occasion their pro ceedings are checked either by the jealous spirit of the Constitution, or by some unlucky accident, arising out of the very nature of the Association. Their prosecutions are dis countenanced by Juries, and the Court of King's Bench has thrown discredit upon the character of the Institution by the avowed pre sumption that the subscribers to its funds are incapable of acting in any capacity with im partiality upon any case .selected by the agents of the Society for prosecution. To this may be added the overwhelming force of public opinion, which has loudly condemned the presumption of any number of private individuals sitting in judg ment upon the acts of their fellow-subjects, and arrogating to themselves theexercise of a discre tionary authority which the spirit of the Con- stitution, as proved by uniform practice since the Revolution, 'has reposed in the breasts of the Ministers of the Crown alone, with whom also lies the serious responsibility that should always accompany it. The Society has hitherto perse, vered in its exertions, in despite of every diffi culty, and had not the nature of their e nterprise militated dangerously against the trite spirit of the Constitution, and the best interests of the em pire, we might express some pity that a spirit so chivalrous had met with such inadequate success ; but we must rejoice in every incident that tends to incapacitate such a Society from doing further mischie LAW INT ELLIG ENCE, COURT OF CHANCERY, DEC. 14. LIGHTING THE TOWN OF CARDIFF WITH GAS. REES AND OTHERS V. EROADMEADOW AND OTHERS. Mr. KNIGHT asked leave to move for an Injunction to re strain the defendant, Broadmeadow, from disposing of his inte rest in a contract to furnish the town of Cardiff with lamps, and lighting them with gas, and the other defenda nts from pur chaSing his interest. e had made the motion before his Ho.. nour the , Vice-Chancellor yesterday, and be refused it on the ground that an injunction was unnecessary, as the bill being filed, was binding on the defendant Broadmeadow from selling, and the other defendants from purchasing. He (the Learned Counsel) attempted to contend against - that doctrine, but was silenced by the Learned Judge. The circumstances of the case were, that the defendant, Broadmeadow, contract ed with the inhabitants of the town of Cardiff to light the town with t,r - as ; he being in want of pecuniary assistance to carry it into effect, applied to the p laintiffs, and the y advanced him from time to time the sum of 5001. he promising to give theft] a mortgage -6n the profits of the contract. A mortgage deed was actually drawn up and approved of by the defendant Broadmeadow, which he promised to execute, but afterwards refused, and was about to sell his interest in the contract to the other defendants. , It was positively sworn that the defendant Broadmeadow was insolvent, and had held out to the plaintiffs that if they proceeded for the recovery of their dema nd a g ainst him, he would go to prison and take the benefit of the Insolvent Act. He trusted that his Lordship . would agree with him (Mr. Knight), and be of opinion that tins was a case for the interfe rence of the Court in the way of injunction. . . The LORD CLIANCELLOR—" Hand me up the bill ; at present I am of opinion that this is a case for the interposition Of the - Court. I will read the bill, and give you my decision upon it to-morrow morning." COURT. OF KING'S BENCH, DEc. 14. Middlesex Adjourned Sittings after Michaelmas Term before the Lord Chief Justice and Special Juries. TILE KING V. DRENVE. This was an indictment against the defendant.for Wilful and corrupt perjury, alleged to have been committed before a Com mittee of the House of Commons, balloted to try the merits of a petition against the return of Lieut.-Colonel John Bailey . for the borough of Hedon, in the county of York. The perjury was assigned on an alleged false deposition of the defendant, Who was a free burgess of Hedon, that Colonel Bailey had - of fered him, previous to the election, a present of 201. or 301. for his vote in his favour. The prosecution was conducted by Mr. ScAnr,tVr, Mr. ADAM, and Mr. F. PoLLoc*, and the defence by Mr. , TURTON. Mr. Gurney, the short-hand writer, read his notes of the de fendant's evidence given before the Election Committee ; and Colonel Bailey, Mr. Wells and other persons were called to falsify the defendant's statement. Mr. TuRToN addressed the Jury on behalf of the defend ant, with considerable ability. The-CntEr JUSTICE summed up the evidence; and The Jury after a few minutes' deliberation, f ound the de fendant Guilty. VICE-CHANCELLOR'S COURT, DECAL GRAHAM V. WHITMARSH. In this case the plaintiff had laid claim to part of the pro. perty of a gentleman who died in the West Indies, as the le gitimate children of a Major Graham. The defence was, that they were not legitimate children. An issue bad been directed on the question of legitimacy, to be tried in Ireland. At the last Cork Assizes,_ a Jury bad found the plaintiffs legitimate. A motion was this day made before his Honour for a new trial. The VICE-CHANCELLOR said, that he had been in error in directing the issue to be tried in a country in which the Court had not the necessary jurisdiction, and from which the usual 'returns. could not be made by Jiulges to that Court.. The case Would therefore stand as if no issue had been ordered. CONSTITUTIONAL ASSOCIATION. • THE KING V. DOLBY. This was called on for trial. It was a prosecution by the Constitutional Association against the defendant, a stationer in the Strand, for the publication of an alleged libel, intitled "The Political Dictionary ; or, Pocket Companion." On the panel of the Special Jury being called, three Gentle men Fisher, Esq., John Pattison, Esq., and Francis Tatton, Esq. answered to their names.' . Mr. -GURNEY (for the prosecution) then played a tales. Mr. SCARLETT (for the defendant) interposed. The She riff, by whom the common jury was returned, was one of the prosecutors of the indictment before the Court, and he could not be permitted to return a jury, which jury was, in fact, to try a prosecution of his own. Mr. GURNEY said that Mr. Scarlett, in that case, ought to challenge the array. Mr. SCARLETT was about to do the very thing. He merely wished, first, to have cited an authority for so doing. • The LORD CHIEF JUSTICE had so understood Mr. Scarlett. Mr. SCARLETT was then proceeding to state his authority, when The Loup CHIEF JUSTICE observed, that the challennv ought first to be put in. The challenge was then put in, and read. The ground of ob jection taken was this:—That John Garratt,Esq. and Alderman, one of the Sheriff's by whom the. common jury panel was re turned, was, in truth, at the time of his returning such panel, one of the prosecutors of the present indictment. Mr. GURNEY observed, that the challenge was written upon paper. It ought properly to have appeared upon parchment. Mr. SCARLETT said, that it might be put upon parchment hereafter. The LORD Clan? JUSTIC E thought that, whether upon parchment or paper, it ought to be presented in the form in which it was to remain. Mr. SCARLETT said, that it conld, if necessary, be copied upon parchment in a few moments. Mr. GURNEY then withdrew his formal point, and denied the matter contained in the challenge. Mr. SCARLETT, was content to put the fact in issue. The Loma CHIEF JUSTICE.—The next thing, then, is the appointment jurymen o e t r iers. In a case, I bel ie v e at Mai d sto ne , two . special appeared, against whom there was no objection ; and upon a challenge to the a rra y , those two Gentlemen were named as triers. As there are now three special jurymen - in the box, I think we cannot select any triers more likely to b e disinterested. Mr. SCARLETT assented. William Fisher and Francis Tatton, Esqrs., were then named, and sworn to try the issue in dispute. The issue was put to the triers thus :—WasJohn Garratt, Esq., or was he not, one of the prosecu tors of the 1.11- sent indictment, at the time when he returned the common jury panel ? Mr. SCARLET T addressed a few words to the jury, merely to inform them of the question they had to decide. Mr. Alder man Garratt, the present Sheriff, in the course of his duty, re turned the common jury : and he (the Alderman) was Mem_ ber of a Society calling itself " Constitutional," and prosecut in,g the present indictment. That Mr. Gamut was a Member of that Society would be distinctly proved. His name, in fact, appeared in a list of subsclibers furnished by the solicitor for the prosecution to the solicitor of the defendant, and that list had since been printed and made public. The Alderman was a subscriber at the commencement of the prosecution ; but something would lie set up about his having since withdrawn his name. That something so set up, he (Mr. Scarlett) should at once put down. If Mr. Garratt had withdrawn his name from the lists, he had not withdrawn his money from the funds of the Society ; and the money was the sinew which enabled the so. ciety to Act. A partner could never cease to be a partner so long as he left his money in the firm ; and a partner was liable, even after he withdrew, throughout those transactions which had been undertaken in his time of office. William Nettlefold being called and examined, said—l am Attorney to the defendant in' this case. I appeared, at the Crown Office, to strike the Special Jury, and I then demanded from Mr. Murray a list of the Members and Subscribers of the Con stitutional Society ; Mr. Murray admitted that the Society were the prosecutors, and sent me, on the 29th of May, the list I have, in my hand. In that list I find the na me of Garratt occurrin g : twice : there is a Sir George Ciarratt, and a John Garratt,. styled an Alderman. Opposite to Mr. John Garratt's name, there appears a subscription of 51. ss. I have no doubt that the Mr. John Garratt there named is the present Sheriff. John Roberts knew the person of Alderman Garratt, and was at Guildhall at the time when the Alderman was chosen stated iAi esshdi 'Sheriff. At the conclusion of thefirat day's poll, Mr. Gartatt I,,ation i that 11';eibilu:ad been a member of, the " Constitutional n t t c h n a n t i , p s a i ti o b c i e e e it h h at is b e n n t chosenduty tn rein A ai l n de a rm nw a n n them, afid he had therefore ceased to be a member." Witness was at Guildhall on several following days during the poll for Sheriffs ; and either on the first or second dap_after that to 'which he had already alluded, he heard Alderman Garrattle- . tract his former declaration. ..The witness was pressed, Upon his.cross-examination, itnd -upon his re-examination, and also by the Judge, to give the words which Mr. Garratt had used, but he could only, he said, give the sum and substance. Being taxed, on a subsequent day, with his declaration that he had abandoned the ilndge street Society, Mr. Alderman Garratt did retract that de claration. Mr. Guiti4EY, considering that the Sheriff had really nothing to do with the choice of the Jury, was a little surprised at the course which Mr. Scarlett had taken. The objection, if it could be made out, was, notwithstanding, sufficient. The Learned Gentleman then commented upon the inconclusive nature of the evidence adduced, and proposed to set the matter com pletely at rest by calling John Garratt, Esq. Alderman and Sheriff. Mr. SCARLETT submitted that Mr. Garratt was not a com petent witness. The objection being to the Sheriff's return,. the Sheriff could not in person give support to his own act. Be sides, by supporting Mr. Gurney's case, and obviating his (Mr. Scarlett's) objection, Mr. Garratt would further the indictment of which he was a proSecutor. The LORD CHIEF JUSTICE said that he would endea vour, if possible, to recollect some authority. Mr. SCARLETT confessed that he could furnish none. Mr. TINDALL, during a pause of some minutes which en sued, observed,that jurymen had been all Owed to give evidence as to their own competency. .The LORD CHIEF JUSTICE ` thought that the eases were dissimilar. No authority whatever occurring upon the point, the Learned Counsel were driven back to argument. Mr. GURNEY contended, that the question before the triers was merely a collateral issue, and an issue in which Mr. Garratt could have no interest. The LORD CHIEF JUSTICE.—I think not. Mr. SCARLETT begged to be understood, in what he was about to say, as casting no imputation upon Mr. Ald. Garratt. To shew that he meant any thing rather than an offence, lie would begin with citing a case in which a namesake of his own, a man namedtobert Scarlett, had been the subject-of criminal prosecution in a Court of Justice. The case, which appeared in Coke's Reports, was this :—Robert Scarlett became a member of the grand jury of the county of Essex ; and he was indicted before the Court of Star Chamber Upon a charge of having so become a member of the grand - jury, to aid in the finding of certain indictments in which he (11. Scarlett) was personally interested. It appeared, therefore, that a person knowing himself to be interested, voluntarily, and by his own seeking, did that office which the law required. should be performed by -an im partial hand, he subjected himself for such act to public pro secution. Now, put the ease that a man became sheriff, in order, by returning particular jurors, to aid and support a par ticular indictment ; he would for so becoming sheriff be actually punishable , and such a sheriff (the case was merely a case sup posed) would clearly have an interest in a collateral issue, like the present : he would be called to give evidence in a collateral issue, what the effect of his own evidence might be to purge himself from misdemeanour. ' The LORD CHIEF JUSTlCE—Supposing such-a case, Mr. Scarlett, as you have imagined, could the verdict upon the col lateral issue be admitted afterwards as evidence upon an in dictment ? Mr. SCARLETT clearly apprehended that, it might. The issue would be tried before a court of competent jurisdiction; a verdict of acquittal would be an answer to the indictment ;- and therefore a verdict of guilty would -be evidence. Such a verdict would not only be evidence, but conclusive evidence. A court of law must take it in the same way that the House of Lords took the verdicts of ecclesiastical courts, without reference to the proceedings upon which those verdicts had been obtained. The LORD CHIEF JUSTICE, in the absence of all autho rity, thought the safer course would be to treat the wit ness as incompetent. He by no means meant to pledge him: self as to the law upon the point, and wished distinctly to be underitood that his decision could afford no precedent. The question deserved much serious consideration, and he was only desirous, at present, of taking the safer side. Mr. ti CA It ',FAT merely Understood that Mr. Gurney with dreW his witness on account of the novelty and uncertainty of thMr.case. GtifiNEy.—Certainly. Call Mr. Sharp. Mr. Sharp got into the box. Mr. - SCARLETT.--I mean to object to you too. You are a prosecutor in this case ? Witness.—l apprehend that there can be no doubt of that. Mr. SCARLETT.—I apprehend, my Lord, that it is the wit ness's interest to complete that whir i has been begun by the Sheriff. Mr. GURNEY said that the point was a goad joke ; but leis Learned Friend could not he serious. Mr. SCARLETT was quite serious. The,LORD CHIEF JV sTicE thought that that would be going a little too far. If lie did not receive the eVidence of Mr. Sharp, he' ight exclude, upon the same ground, all possible evidence. ‘, Mr. Sharp was then examined by Mr. Gurney. • Ilave you attended every meeting of the Committee of the Constitutional Society since January last ?-1 have. In the months of May and June was Mr. John Garrett a member of the society ?—ln May certainly, and; I think, in June. - 'Did he cease to be a member some time berore he was elected Sheriff ?—Yes. Had - he ever attended any meeting of the society ?—No. Has lie done any thing but give 51.:5.?--=Nothing. Cross-examined by,Mr. SCARLETT—What are you? the HonorarY Assistant Secretary. - you, do,not mean to say that is your business.: I ask you what you are ; what is your business ?—I mean to say that old that situation:, Yes ; but what business do you follow ?—I am of no busi, I —l am ness. Theo this is your only business ?—I have no business what. ever. Youlive on your fortune ? I live on the means that I possess. Were you ever in any business ?—I was in the Manchester trade. How long ago?—Two years. And you have been two years without any business?:—Yes. You say that Mr. Garratt became a member of this Associa, ton by subscribing his money ?—Yes. That was the case with a great many people, T believe ?—Yes. Have you returned the Alderman his money ?—I am not aware that the money has been returned. . What has become of it has gone into the general fund. Were you the treasurer ?--No ; Alderman Atkins is. And what do you mean by Mr. Garratt 's having ceased to be a member?—lle did cease. The Lou]) CHIEF JUSTICE.—What act did he do ?—lle addiessed a letter to me as Secretary. Have you the letter ?--No, it is at home. Mr. SCARLETT thanked Mr. Gurney's witnesses for the support they had given to the defendant's case. The Loan CHIEF.JUSTICE slimmed up, the evidence. The question was, whether, at the time of returning the July, the Sheriff had, or had. not, been a prosecutor of the indict ment. The indictment was preferred on the 17th of May ; and on the 29th of May, Mr. Garratt's name appeared upon the list of the Association. The name stood Mr. " Alderman Garratt;" . it was clear, therefore, that Mr. Garratt was a member subsequent to the time at which he became an Alderman. The evidence had clearly ,proved to the jury, that at the time. of the finding of the indict ment, and for some time after, the Sheriff was a member of thelProsecuting Association ; and, the only question was, whether, before his return of the present jury, he had with drawn himself from that situation. The fact of.his having been a member being in proof on the one side, it was incumbent on ' the other side td - shew the withdrawal, and to she that with drawal by very satisfactory evidence. If the triers were satis fied that Alderman Garratt had withdrawn himself before the return in question, they would find their.verdiet for, the prose cutor; but if they were not fully satisfied upon that point, the safer course would be to.find for the defendant. The question was then formally put to the triers, whether Mr. Garratt, at the given time, was or was not a prosecutor of the indictment ; to which they replied, that lie was. Mr. SCARLETT supposed that Mr. Gurney would not call upon him in the other prosecutions. The LoleD CHIEF JusTicE said that all had better stand over. As soon as the above verdict was delivered, Mr. Thelwall; who sat among Counsel, rose and addressed the Court. He said that he was one of the persons under pro secution by this society, and was ready and anxious now to state, that sooner than have the proceedings pending any longer over his head, he should willingly wave any advanta!;e which he might be supposed to derive from the objection to tne array of ttie jury now substantiated. Indeed, rather than have his trial any longer pending, he would consent to a jury taken out of the very Association itself. The LORDTHIEF JUSTICE inquited whether he was to understand Mr. Thelwall as waving his challenge to the Jury altogether, or whether it was his .wish to take until to-morrow to consider of the course which he meant to adopt. Mr. Thelwall thanked his Lordship, and said he should take until to-morrow, to consult his professional agent. He then re peated his anxiety to go to trial. The LORD CHIEF JUSTICE then observed, that Mr. Thel.. will atilt to-morrow inforiti the Court of his ctzterminatfon, an d to sake the Jury the trouble of an unnecessary ettet"dirc , 2,'.it might now be understood, that should the defendant wish to wave his challenge, and gd to trial, the Jury then could be sum moned For an early day-L-for Monday, if the defendant wished. Mr. Thelwall acquiesced in his Lordship's suggestion. The Seyerat special jury cases, .at •Voe prOsecutior:ofl 4 7"llo ConseutiOnal Association," weie then formally postportid- The , jurors' in attendance were sworn, and .received their usual fee from Mr. Mdrray, the law-agent of the Bridge-s*ek Committee. COURT OP COMMON, PLEAS, DEC. 14. CORK V. BATT AND OTHERS, This was an action to recover the sum of 6001. from the de• fendants, as executors to the will of a Mrs. Henley. The plaintiff, who is married to the oixe of the deceased, proved by his solicitor (Mr. Webb) the execution of a deed on 111 rs. Henley's part, by which she bound her executors to pay to the plaintiff and his wife the sum of 6001. over and above whatever they might become entitled to by her will. The defence set up was, that the deed had been obtained by fraud and covin ; but after a long cross-examination of Mr. Webb, the plaintiff's, solicitor, it appeared that the deceased executed the .'ed voluntarily, and was perfectly aware at die moment of what she was doing. . . The Jury accordingly found a verdict for the plaintiff— Damages 6001. OLD BAILEY, Yesterday John Long. was indicted for stealing, and.Johii Ridout for receiving, knowing it to have been stolen, a quantity of paper-hanging, the property of Messrs. William Cox and Co., paper-hanging manufficturers, in Playhouse-yard, Whitecross street. The particulars have already appeared in our police report. The Jury found a verdict of Guilty against both the prisoners. The two prisoners were again put to the bar, and charged upon a second indictment with a similar offence, and Wayman was indicted for receiving some paper-hanging, the property or Messis. Cox.. Evidence of a similar tendency was produced in tins case as in the last. A host of witnesses gave 'Vayman an excellent character for • honesty.—The J try found .all the pri. soners Guilty. • AWFUL INSTANCE OF SUDDEN DEATH.-Yes. terday morning,about eight o'clock, a gentleman, about 40 years of age, was observed walking along Sou thampton-buildings,Bloomsbury-square, when he was seized with a staggering, and heard to exclaim, " Oh, the wind t" on which he fell down on his face, and received a most violent blow on the forehead. Several persons were passing by at the time, and the circumstance created a very awful sensation amongst them.— They immediately proceeded to the unfortunate gentleman's assistance, when they found hint foaming and bleeding at the mouth and nose in a dreadful manner. Dr. ARMSTRONG and Mr. TWEEDY, of the Medical profession, were called, and the person attacked with the fit was carried to the house of the latter, where he was attempted to be bled to no effect, lie being quite dead. The deceased being at the titni, unknown, the body way conveyed to St. Giles's workhouse to be owned, and for a Coroner's In quest to be held - thereon. In the course of the day, however, his friends received intelligence.of the unfortunate affair, and chimed the deceased. It - appeared that the deceased had been an officer in the army originally, but latterly had lived on his income, at No. 38, East-street, !led Lion square, and his name was Mr. JAMES YOUNG.— Mr. STittiax4, the Coroher, and a Jury, held an Inquest on his. body last evening, when several witnesses were examined, and it appeared that he was. carried Off by apoplexy. Verdict— " Died by the visitation of Con." ESCAPE FROM DROWNlNG.—Yeiterday after:. noon a beat, in which were a Gentleman named Shurlstone and his three daughters, and another Lady, passing between Southwark and London. bridge, ran foul of a craft, moored some distance from the shore ; and they were all upset and throprn into the water. Fortunately several other boats, were close at hand and rowed to their assistance, and the party were immediately re scued from their perilous . situation. They were extremely naitated. It is with regret. that. we have heard of the unfortunate death of. Mr. M IJ It RO MACKENZIE, of Ullapool. lie was returliin . ; from Kincardine market last week; and in fording. the Carron, was swept away by the strength of, the river, which was much swollen by .the late heavy rains. Af ter being missing for two days, his body was found in a deep pool,' at a little distance from the spot where he had attempted to ford the river. —(kkilerlonian Mercury.) COAL-MARKET, DEC. 14. Ships at Market. Ships sold 551, Newcastle - - 61 Sunderland . - • - 2A • - COURSE OF EXCHANGE, - Deceiaher 14. amatei dam Ditto, at Sight l3 9 Rotterdam l2 14 Antwerp l2 ' 7 Hamburgh 37 6 24 ITs A ttona, ... Paris, 3 Day's sight . e.''. Co 0 Us. Ditto Bourdeaux, ditto Frank fort on the: lain - .... 156 Ex—Moiler Madrid Cadiz 36 Effective Bilboa 354 Effective ' Barcelona 3r4 Seville Gibraltar- Leghorn Gel 1.43 .... '4 , i-Vetlice, II al .Li v 27 60 . . Malta ' 43 —Naples..., Palermo • Lisbon , Oporto Rio Janeiro . 39' . • Dublin .... 81 - Cork a pet Cent. Price. -- 38s Od to .44s Od 3Bs 6d to Alit; tki BULLION. Portugal Gold, in Coin - 1.0 0 '0 pei Oli Foreign cold, in Bars • -3 II Ioi- • New Dollbluoo3 .... New Dollars • .0 4- 9} Silver in Bars, Standard 4) 4 11i BIRTH.. At the Governor's house, Plymouth, on Saturday, the Bth inst., the Right Hon.-Lady Elizabeth Pack, of a daughter. MARRIED. Nov, 22, at Bristol, Mr. John Cook, of Cleeve, aged 77, t° Mrs. Lucy Lovell, of Cleeve, aged 73, after a short courtship. Nov. 27, at Chad's church, Shrewsbury, the 'Reverend Sy' Attfield, A.M., of Oriel College, Oxford, to Mary Anne, did daughter of Samuel Cooke, Ez , .q., of Swan Hill House, Shrews' bury.. DIED. On the 12th instant, at Kensington Gore, after a lingcrirl illness, Mrs. Bentley, aged-75. On the 9th inst. at Bath, Mrs. Ironside, widow of the 13i i ,Colonel Gilbert Ironside. At Mysore, on the Bth July last, in his 31 st year, Cap Paul Poggenpal, of the Madras Artillery. Tiic early anu fortunate termination of a career, hitherto highly,distinguisb and promising a brighter future, will be long and dcoply rer gretted by all who were. acquainted with film. His Brot l ' i f Officers of the Horse Brigade have joined their Corninander,4 wearing mourning for two months, in testimony of their j. spect for the character of the deceased as an Officer, ,una trw sorrow for his loss as a friend. Printed and Published, for the PROPRIETORS, at the Sl' OFFICE, 112, Strand, by J. 13. CAIISTPIIIS.