The Sun. — London, England, 1821-11-14 00:00:00

V t c_ . • , , : a l h,f r i , _ - .41\wtittli f e. , , a-_-_,..tir, ,‘, O $ , --4,5 ; ,- 75. , 4 ,404 -,____7.. IA m.,, - ,;-.„1-1_- , - - -4.,. :,--- ---„, „ A., ;;,....,....,-...,,,.----- -4 , ,,,,,, i7 ,,„‘-,.. ‘ _-. .';*ofr - 7 --- A . , ie • ii Ilk \\ , r^ i ,t \I - .. --,4 -'....-- 04! 1 .-* -.- ....t, - e -A- _ -1 pp . _w - e...- „.. t .: 4f 4,2 " .r • • , • 1/11 r 1 - ' i -/-‘ , -i(-7 '1 --2 a€ 4, NUMBER 91 17.1 WEDNESDAY, NOVEMBER 14, 1821. S.EirtNPNeE. DEPTFORD Nov. THESE arc to give Notice, That on Thuiwtay, the 22d Instant, at Ten o'Clo - ch in the Forenoon, will be exposed to PUBLIC SALE, at His iliajesty!s Victualling Yard, at Dept ford, - sundry Loti of the follovi.lz Provisions and Stores, now lying in the said Yard, via.:— Bread,Bread Dust, Flour, Flour Sweepingi, Raiiins, Rice, Pease, Oatmeal, Callarancei, Bakehouse Sweepings, Pre stvid 114als, Soup, Bags and Rag's,' Beef, Pork, Suet, Butter, Cheese, Sugar, Vinegar, Leagre, Butt, Puncheon, Hogshead, Barrel; Half-Hogshead, and Kilderkin Staves, Heading: light and dry, Broken and Bent Iron HoOP's Bricks, Fire-wood, &c. &c. 4 Deposit of 251. per cent. is to be made upon the amoioa of each Lot at the time of Sale; and the remainder of the pu?:, ehase7Money paid before the A SCores areremoved, purpose - 1z period offourtecu u:orking days will Le allured from the day of Sale; the Buyers particalarly observing that not 1 '0444 aneskalf of the +'dirtily is .41)..1ke , t P ,wq7l within the first seven days, and the remainder in the Serelt follo Wing days, otherwise the Deposit Money will be fen:felted, and the Provisions or Stores remain the property of the Crown, as no . extension of time will, on any account, be granted. F r o the . GENEROUS' HUNINNE—A CLERGYMAN of the ESTABLISHED CHURCH, ad• vanced in life, and considerably impaired in health, with Eleven Children, and debts which he is wholly unable to dis charge, ts•ith. n deeper and indeed irretrievable ruin., accu mulated through the pressure Cf the times and the great number of his family, approaches a Generous publib with the 'humble tint anxious hope, that they will commiserate hisea'se, relieve Lis present wants, and deliver him, by their united efforts, frtUn the agonizing, yet indescribable, miseries of his truly unhappy situation. LAW • I'NT E GENCE considers essential to her defence, I must Abide by the con sequence." The defendant was not allowed to' proceed, aiic therefore, had not the means of making her defence. .Judge BEST-sir. Cooper, these are not all the.facts; yot were not in Court. sioci, he confined himself simply tO'the ease of a faetOr,"atiny no means wished to extend theprinciple on which exceptions had Item founded: • • - • • • • COURT. OF CHANCERY., Nov. 13. -~►-- ODDIE V. TIIE msilor or NORWICH . Mr. SHADWELI, stated, that theinfant VaintifF, Oddie, in tended; in conformity with his Lordship's wish, toa: s veal to the liotise of - Lords, from the decision which his Lordship had given In this case. The Learned Counsel then said, that considerable expense had been incurred by obtaining the opinion of difFerent Counsel,`preViously to the filing of the bill ; and he therefore bad to piny that his Lordshipwould'order, not the costs:nerdy , but all the expences to be paid out of the estate. The LORD CHANCELLOR said, he did not think th . at t; , e Court had ever' before made an order of the nature now prayed for. HIGH c2LTAT OF.ADMIR,A.IjI7, Nov. 13., LASE OF BAIL. THE SHIT CARL JOHAN. The ship British. James.,Was run doWn at sea in Sep ember 1818, by .the, Swedish 'ship Joh.p. . The. 7oWn of ,th e James being' taken the value of their ship, arrested the owners of the Carl Johan for 1,5001. Bail was given for that awisunt, and the Carl Johan was stiffered.to proceed on her voyage:. By. an Act of George 111. no owners of Vessels are " liable for du . .. mages arising from accidents, • such as•the sinking, injuring , ce -destroying of other vessels, beyond the value of the slitpor - vessel by' which such accident Shall hay been occasioned,' and upcjs the freight paid., or that may, groir due,. upon the goods . - Or cargo of such Ship 0.- , vessel."--:Now, by direction . of the court on the case .of damages, 'the 'mages sustained by• the owners of - •the . sbiP- James were assessed at 1081 L 4s. Od. exclusive of interest from _March 1, 1819 ; and the owners of the Carl. Johaii now prayed that the Report aright be revised, on the ground, though they bad given bail .in ,15001., that the value of their ship was only 9;41. After elaborate argument of - Counsel, Lord Stowell « confessed, that he,ahould have felt no difficulty in this case ; -but, as was the first instance in which the Act of Parliament - in qiy.'s. tion had.heen referred. to, .he should wish to look at .that, and also at the cases 'cited ; and' he would give judgment mext Court day," . . I Subscriwions will be rcct ived by Messrs. Fly and Chapman, bankers, Saiut Mildred's-court;. Messrs Ransom and Co , hauliers, .34, Pall Mall ; MCssrs. Jones, Lioyd, and Co„, bankers, 43; Lothbury; at all which hawses reference, the - most respectable,! may be obtained, as to.the character of 'the supplicant, and the veracity of this:statement: SHAnwr ta observed, that his learned friends on the other side did not object to the application. • The LORD CHANCELLOR said," than no matter: If the ,Court were to grant this application, it was impossible to see where it would end. It would afford a precedent for. proceeding . to un extent never before thought of: Perhaps hereafter, when 'tbe ftnioeame to be divided; the LS(I Chancellor, whoever he Might be, might find, them so large, that he would not knot. - what to do with then', and possibly Mr. Shadwell might then obtain payment of his expellees. Mr. SHADWELL—We shall be all dead by that time, my Lord. SrBS(JUI'TIONS. : - The King . . £5O . U H. M. ..,- ~., .. . 13.0 rt% . . • es u H.S.' . . Bishop of Durham '25 0 From a Poor Gentle- Mri. Wykehani . 10 0 I • woman 5 0 I R. ti. D. Rev. R. Moore . 2 2 Xi 0 2 0 . 1 0 • • 1 0' , . LIABILITY OF COMMISSIONERS OF CUSTOMS. THE LITTLE CATHERINE, OTHERWISE THE NORTIISTAR. The Provisions and Stores 771 w be viewed daring the corn~ neon working hours of the Yard, on the three days imme diately preceding the dal; of Sale. Catttliwites may be had, on application at the above Yard. SUBSCRIPTION For the RELIEF of the WIDOW and CHILDREN of the late The LORD CITANtEtt.oh-.—ln the Spanish phrase, " May you live a thousand years," and then you may be able to obtain your money. CAPTAIN HENRY HALES,' Of the Ship OFFLEY, Southern,Whaler of London, • Who with the Second Mate, and Boat'S'Crew, were inhumanly Massacred by the Spaniards, on the Island of St, Maria, Coast Of Chili, on the 24th of February last, • under circum stances of the most aggravated barbarity, by which deplorable event his Widow and Orphan Children are left entirely des titute of the means of Subsistence: • • • • • • • VICE-CHANCELLOR'S COURT, Nov. 13. SUTIIOIIP V. ELLISON. Lady Sewell had by her will disposed of 3,0001. in the stocks to.the children of Mrs. Cbolmondeley, her sister, and the chil dren of Mr. Sibtliorp, her brother. The . point upon which this disposition came to be argued this morning befbre his Honour was, whether Lady Sewell was not bound by the wily of her 'rather, the late Dr. Sibthorp, Professor of Botany in Oxford, to confine the appointment to the ,children of Mrs. Chohnon deley. Mr. Holum and Mr. ELLISON argued against this limi tation. Mr. BELL and Mr. SHADAN''Er.r. contended in its favour. °F FicE OF ORDNANCE, November 5, 821. THE -PRINCIPAL OFFICERS of His MA JEST.I"S QRDNANCE do hereby give Notice, t4(it th!Y will be ready to reeare Tenders in writing, at their O ffice, in Pall Nth , on Monday, the 19th Instant, from e "ch'Persan s - as may be desirous of. Purchasing Two Hun dred and Twenty Tons of RE-NI E LTED LEAD, remaining in his Majesty's Stores, partly at Trooluich anti at Ports- mouth, The Lead may be viewed upon application to SirMem c " 4 >TeW, Bart. the Comptroller of the Royal Laboratory at 1-14 UliCA, and to T. G. Burskm, Esq. elssistant Fire wive! fo the Royal Laboratory at Purtsmouth,any day pre- . Woos to the stay of Sale. Ten ders" will be considered fo;• the whole or part of the 244' flundred and Twenty runs, but no Proposal will. be adatitted- for. a smaller Pin-lion than Fi.fly Tons, and Pay 7 ' ne n! of the Purchase Money will be expected en . delivery of flee Lead t o , Purchasers.. Furth • er Particulars may be known upon application at the I: ere4 rll'B (Vice; in Pall .hall aforesaid,' any 'day between -e boars of Ten and Four o'Clock, where .tn.; 14,5. `oe delivered, scaled up, and endorsed .'Proposals for - " e4 ,'! but no liroposal tan be admitted after the said 19th11344, cii'7ltettie o'Clock at SoOnol the same day; 'neither 4.(11 .°4- 9' Tender be noticed, ;ides, the,,Party staking it, -Or " 4:4rent Ais behalf; shall attend. • • Bs, Orde; of the Board, . R. H. cießir, SiciTtary, • Sion Culle.e, Nov. tb, SOCIETY for the it.ELIEF of .CLER ,.I-L,„ GY MEN, and th e WIDOWS and CHILDREN of —RGY NIEN, within the Citiesof LONDON and WEST anti the County of MiDDLESEX.—The Slab et;be" Willis Charity ar e r e spe c tfully .aciurainteil that a General' Meeting of the Subscribers will be holden at Sion I)lie g e 2 On Wednesday the 29th day of November instant, at One o'Clock in the After;ocil precisely, for the especi;il pur pose 41 appointing a.rreasurer in the room of the Itcr.John Moore deceased, and on other fousiness''of the Society. (14 Order of the Lorti'Bislirrp of London, Presidento • • 'ROBERT 'WATTS,. Secretary. . . rII4E. Rev. M.. BARTON M.A.f St. John's . - cr College, Cambridge, takes into his Rectory n . t f ` .. " 1141 11, near Greet ham, Rutland:ll:N VRIVATE .110ni the age uf Six Cu Foutteen.. years. He inst RIOS them r.„self in Classics and Mathematics ; French,: Drawing,' and are tapght by Masters, who reside in the house ; are t by 'a Master who attends once a week.—The 'F rats - re 110 Guineas a-year, fur Board,. Lodging,,and Instruction, as hos e ; nu extra charge except for printed hooks.—Re triet's may h e ma d e to t h e Rev. Dr. Inman, Professor of. b„ e , i l!.N. College, at Portsm o uth, or t o t h e R ev. J . W. Horn i:".e."Tutot• of St. John's C o ll ege , C am b r id ge. -The ionise ' a rlCe,, and situated in a very healthy and retired part. of tittt Co untry: eac h Pupil has a sepatate bed, and in the day is constantly under the eye of a Master. A young Geo „,`4'4ll may Remain with Mr. Barton, during the Vacations, -4 Payin g Two Guineas a-week. • ANOTHER £30,000 NEXT TUESDAY t lIAZARD and CO. CONTRACTORS for ANO r the P resent Popular Lottery, remind the Public that Nlx E PER Prize, of £30,000 Money will he decided at were Clock next Tuesday Morning. Though 6,500 Ticliets fur th e r twit the First Day, the following Rich Wheel remains 2 ''econd DaY, NEXT TUESDAY, riz. Of 3 ... - £5,000 2 • 2 • 4 • •£5OO • ' • ALL MONEY I . .. • • •And a full proportion of Smaller Prizes. making . . 'TiNo.i"rwo BLANKS TO A PRIZE! 'Azicklebts and. Shares, AVM ranted undrawn, are Selling by '''`D and Co: the Contractors. at their Old-establisher] CORNlldunate Offices, 93, ROYAL 'EXCHANGE; 26, .IIILL; and 824 . , OXFORD-STREET ; where they N ls old, in. 1 n alr elLast.Lotterv, No. 15,702, wil;0001.! 6,054, a ''' C •9 l . l • and All the 30, - 0001. Prizes in a former Lottery. PRI - . N ' • CH WINES OF-THE FIRST QUALITY, AND. 23 PER (J NT. BELOW PRIME COST. 'PLOWER; No. 1, PALL MALL, has a - • Consignm en t o f t h e following WINES, which will he bays.? ton Sa, ill all h e sold November 14th, 15th, and 16th, and the following. Petit Bourdeaux 42s per dozen. • Sauterne - - ' particularly fi ne • • " 6:3s • Barsae - - . 63s riontigni-rc 63s C_reaming',Champagne - - -84 s Sparkling ditto Sill - - ~, erY, ditto, very fine - . 963 — , ar e t, • La Fate Also, a small - - 763 Vint parcel of Old Hock, of the AI, j• age of 1790 - - 66 s P 'cations fur sample Bottles are requested to he !made in . i,. ' the early part of the day. ts., .).--Please to oliServe. that F. Flower's Counting-house butl44th thesteps under the first house in the Royal Arcady, tilt: entrance is the first in Pall all. HIS Melancholy Catastrophe occurred on a. -a ' -voyage to the Soul Sea Fishery,—Capiain' . HALts sailed from England in the Ship Olney, about the month' of October 1820, and having doubled Cape Horn, after a rough passage, early in 1821, he put into the island of St. 111 aria which is uninhabited, on the Coast of Chili, to re-fit.—On th; 24th of February, about 10 A. 3r., several men were seen on the beach, and Capt. Hales supposing them to be Spaniards, who had come over from the Main, went on shore with his Second Mate, Armourer, .andfour Seamen, armed, for the purpose.J .procuring fresh _provisions. The party was seen to. land,. and join the Spaniards, with appeared to be very friendly* with them ; they 'shortly afterwards retired from the beach to gether, •imd it was. supposed that Capt. - Hales was in treaty With them for.provisions, and was gone over to the South B.ay to look at them. Towards sun -set, the Captain not having re turned, the crew became alarmed and a boat was despatched to search for them, which returned with information, , that on their. .approach, several strange men were seen on. the beach, and from their movements more were supposed to be concealed, and it being near dark, it-was deemed most prudent to return to the ship, without venturing to land. , .The ,followinß. morning no tidings having been received of 'the party on shore, at day-light the Chief Mate'manneci antrarmed-tWo boats, for :the purpose •of erideaveuring• .to find them ; on coming near the shore, they perceived a man naked, sitting on the beach, and on. landing, discnyered bini.tb be Thomas Moore the Armourei,.eoVered with blood„, and severely, wound ed; he was peffectlY sensible, and infOnnedothemi•that.on their first landing, the Spaniards • appeareck to, he friendly, giving them bread and .rneat t and induced them to accompany them some distance'fioin the shore, *here they 'Were suddenly sur rounded by 40 or 50 men armed, on wnich the Captain re solved to return to his float, which was refused, except on con dition of their delivering up then' arins---'fheY were compelled to comply with these terms..-4-The.Spaniaitrs then treacherously. bound them, two and two,- and carried them abOut three miles into the island, and when dark, brought them back near. to the beach, among some bushes—stripped thent—and cruelly stab bed them in cold blood; himself' alone sUrViving, Whom they left for dead, he having received .23 woundvin•ins body, and two sabre cuts, one .on eacii,side of. thu neck. lie was perfectly sensible, and was itithieiliatelY fiken On - Ward; where the Sur- gebii•exathined him; and found his woun& mortal. 'The boat . ladbo Soonerzeturned, than a nuniber.nf, men were seen com ing towards the and soon afterwards a man presented' himself dieSsed in the Captain's clothes; waving his hat for a boat-to . coine on shore ; lie was accompanied by three or four, who.appeared to be Officers in greeratTifolins, with cocked hats and sabres ; .others were discovered frOth the Masthead tying ‘behirid the beach: The leader of the partraPpeared so much. like .Captain that 'the Arniourer was questinned• ther he was positive that the Captain was killed, when he assured 'them he was, anti that the Captain or leader of the Spaniarkis so • much reSembled"Captain Hales, that he had remake& it when. on shore. The•Ofiley immediately weighed anchor, and' stood for Conception, and at 5 r. 34. the .Armourer became much worse, and at 9 the same evening died.—An instance of more atrocious barbarity perhaps never occurred; Capt. Hides, the Second Mate, Arniourer, and four men perished, .in this most inhuman transaction ; Capt. Hales has left a Widow and seve ral Children totally destitute of the ' means of subsistence,' to obtain 'which, this appeal is Made with confidence to. the bene volence of the Public, convinced that they will humanely con tribute to the relief of .an unfortunate family, who have been deprived, by this unforeseen and calamitous event, of their only support, and who have thus been reduced from respectable and comfortable circumstances, to the.greatest poverty .and distress. SUBSCRIPTIONS will be thankfully received by Sir JA3ItS EBUAILE and Co. Lombard Street ; LINTHORNE, Esq. Austin Friars; NV. - Ctint.lNG, jun., Esq. 10, .George - Yard, Lombard Street; Messrs. Cu, itLis G, YoUNG .and Co. Lime house; and at Ten: SUN Newspaper Office, 112, Strand. Curling, .Young, and Co. • • . 21 0 William Ni ellish, Esq.: , • • • , 10 II 0 Samuel Enderby, Esq. . . •• 10 0 0 D. Bennett and Son. •• .• • . . • 5:0 0 J. Gale• and Son . . . • , • •5. 0 0 Boulcot, and Hill . . . 5 0 0 Hayman, White, and CO: . ' • •.• • 5. 0 Harnett and 'Son .. • . .. . 5 0 0 Blyth and Sons • .. • , •. 5 0 0 Brunton and Co. . . 5 0 0 The Sun Newspaper . • . , 5.0 0 George Brown, Esq. ... . . . • 50 0 .Thomas Ward, Esq. , •. . . 5 0 0 Cox, Kelly, and Young . . - • 5 5 - 0 Mr. Sturge . • -.• • . •. . 50 .0 Mrs. R. Curling, Canaberwell., , . • 5 0 0 W. 'Curling, sen., Esq., Blackheath . .. • 50 0 T. B. Oldfield, Esq. • , • • 5 0 0 N. Atcheson, Esq. • . . 3 0 0 R.' S. Atcheson, Esq. •• • .• • . • • . •20 '0 William Williamson, Esq... . • . 2 0. 0 John Harkness, Esq. . • . • 1 0 0 Henry Wilkinson, Esq. 1 0 0 The British Copper ecimpany, by Mr. Rowcroft. 3 0 -0 B. I. Linthorne, Esq. .• . . . . 10 0, '0 Rev. 41.:. 1 1 . Burney, Gree.riwich 5 0 0 .111r. , Robert Linklater . • • • • : - 5 0' 0 Mr. D. Saul . . • •. • - • ;- •, 2 2. 0 Mr. Duncan Dunbar . - .. • . . 2 0 , 0 Captain Joseph Clarke . • ~ . . . 1 1 0 Mr. J. R. Hoffman• ••1 1 0 Nlr.-C. Richardson, 'jun: • - ' • . -1 1 0 Mr. J. P. Jarman • . . • , • . . 1 0 0 Mr. E. Barber . 4. : , •1 0 0 Per THE SEN Newspaper. .. R. Li". C. . 1 0 0 Charles Edward Pigou, Esq. • . . 6' 0 0 R. E. P. . . . ••• • :2 0 0 Squiers and Steane • - . 1 . 1 ' 0 Mr. Ilarris,•Lornbard-street • ' • . • 1 - 0 Q J. 'Wilkinson . . 1 0 0 . 1 0 Q 'MT. STUART appeared for the trustee, but said he conceiv ed it unnecessary to trouble his Honour with any observations. VICE-cIiANCXLLOR said, that he might perhaps be able to conjecture what the meaning of Dr: Sibthorp might - he ; -but that, fortunately for mankind, Judges were not allowed to act upon conjecture. The will was so expressed that it was im. possible, to limit it.to Mrs. Cholmondeley's children. The ob scurity and ambiguity of the deed seemed to indicate that the 'testator had 'been very old. lU r. HOUNE.-4 understand he was about 90. •• _ _ • The VICE-tIIANCELLOIt.—A clear expression of the tes tator'S will would be ncCessary to limit the appOintment. It was not clearly expressed, but on .the contrary, mentioned the 'nephews and .nieces of Lady Sewell, generally,. and also re 4.erred to their respective nephews and nieces,when Lady Sewell bad ho children. But the costs would be paid out of the fund. Mr. SHAtiwEVT, referred to the will to chew that it was dif ficult to , ascertain in . what county of England Dr. Sibtliorp wished to be buried. Mr. .ifonNli remarked, that; his son-in-law, Sir Thomas Sewell, Master of the Rolls, might have taught Lim better law. • his lloxot n. got through the . paper by two o'clock. counT OF KINT.PB BENCH, Nov. 13. • SWTSTON V. TILBY. ' This was. an..action'brought by Susan Swanton, a servant, against the- defendant, to receiver damages for a libel. The .iilaintiff had lived servant in - the family of the defendant, who is a Clergyman and a Magistrate.. quitting his service, she applied tiara character, and the defendant wrote a letter, , stat, ing that her.demeanour was modesty itself, but in fact she was immodest and vicious ; many things had been stolen. in.his roily by the plaintiff, who.also admitted a man to take indecent liberties . with her person. The.cause was tried before Baron Garrow, at Oxford, and'thejury•Were left to considei Whether the defentlanthad been influenced by. a maliCiOus and .vindictive feeling. The verdict was found for - 501. damages. Mr. Cnoss, now.moved the Court for a yrew trial, on two . groUndi. He submitted 'first, that - the defendant had written the - letter under theStiong impression produced on his mind by,. the gross misconduct of the plaintiff whilst in his service. - Se condly,. that it. was a verdict against the evidence, which dis closed facts respecting the Misbehaviour of the -plaintiff, which ought to have induced .the Jury to find for the defendant. — There was ~no.proof, ;be. contended, of malice and under all the circumstances the question ought to be subinitted again to a jury. ' . The LORD CfrrEr JUSTICE was of opinion - there plight not to be a new trial. Letters written by a former master upon the character Of a servant; were to be considered 'a privileged .com munication, and unless it could be sliewn -that the writer- of such a letter was influenced by a ,vindictive motive, fie was clearly pnvileged in what he wrote.. It was most important to theinterest of society, .that privilege should be upheld, -beeause there was always i'.strong disposition on the part of masters.and mistresses to extenuate. the fault of servants. If upon reading , the letter which was the subject of this action, the Learned Judge would have said it contained nothing vindictive, it would have been to direct a nonsuit, or a verdict for the defen dant ; but no • person reading it, could say it did not .slicw something like an imptoper feeling, and if there was any doubt lon that subject, the Juiy alone Were competent to decide.— The letter, in his opinion, was written under a vindictive feel ing, and the Court .would not say the Jury had conic ma wrong decision. • - _ - Mr. Justice Bel LEY said thiS had been properly left to the Jury. if a; Clergyman and .a Magistrate gave an answer re specting character, he should be discreet, and not write under the influence of his feelings. -- If he did, he must expect to be answerable in law. There Was a great warmth and particula rity in the letter which was not required. The Jury, therefore, had come to a proper conelsion. Mr. 'Justice lloLuoi-D, and Mr. - Justice BEST were of the sanic opinion.—Rule reibsed. BLASPHEMOUS LIBELS. THE• KING V. ANNE CARLILE. ... . .._ • for Mr. CoorEn moved f a rule to shew cause why the verdict should not be set aside and a new trial had. - He saidlte moved this upon an affidavit, in which the defendant stated that, on the 24th of July last, she was tried in this Court upon the pro. secution of an AsSociation calling themselves a Society Tor the Suppression of Viee, for the publication• of the Theological Wortts of Tom Paine.. Ber,defence consisted of printed and written matter, and she. was proceeding with the same, when the Learned Judge stopped her, saying- he would not allow her to proceed any further.. The deponent' was stopped - at the following passage :—‘".rhe defendant ought to have been in . dieted under. the Statute Law, making it penal to revile and scoff at the . 'Holy Scriptures; but her prosecutors were too vin dicnte to take that course.. They knew the object of the statute • was only to disqualify theTarty convicted from holdinr , civil or military offices. They therefore indicted the defendant on what they called the Common Law, which is nothing but com mon abuse." • • • The LOUD CDIEF JUSTICE interrupted Mr. Cooper, and asked Whether, as a Barrister he 'thought a reflection on the common Law of the land could with decency be suffered in a Court of Justice ?. . . • 111 r. CoorEn said, if.that question was put to him in his chdracter as a Barrister; he should answer no ; but he stood before the Court as'Counsei for the defendant. lie font' , wed the ' instructions of his client. , . . altogether. • Mr. Justice BAYLEY-,Gentlemen at the Bar have a discre tion to' exercise. who were in Court Mr. CoorEit—l am to contend the . defendant is entitled to a new isi r t . r i a l, ought to know *better. ' • . because ßE s h i eLci s e i fe r. ne c e_ o w o a p ,s e l7p y p4d Justice -.Mr. Coorrat—l was not in. Court. . . . • Judge 11E§T—I beg your pardon. . Mr.CoorEn-LI beg your pardon, my Lord; I tai in the cof fee room' at 'the time. Ali. Cooper then - proceeded to. read the remainder of. the affidavit. It v..ent on to state that the Judge said he would let the delLnce be read, but after giving permis sion to go on,' again insisted that thedepohent should retire and 'strike out the objectionable matter. • The deponent, When she returned to the Court, refused to alter it, and gave in the,.fol lowing declaration —" This is my defence, and if the Couit de. chic that an En&ishwonian has no rigli to 'declare that which Mr. CoorEn—No, my Lord, I know nothing of the fact be yond my brief. • • Judge BEsr— , Let me set you right. When' this ' cause -was called on, the defendant'appeared to defend herself, and ob jected that some of the Jury might be persons connected with :the Society which preferred the indictment. I. asked every Jerson who went into the box whether they belonged _to it. hey said no. The cause then went on, and after .the prosecu tion closed, the defendant proceeded to address the Jury, read inli from a paper. I objected to parts before she came to the passage respecting the Common' Law of - England ; however, after some reflection, I thought it Was as well to let it go. on a little further, and she read till she came to the words . you have repeated. I said, Madam, I cannot ptrtilit this to he read. Her answer was, I cannot make any defence without it. I said I think you had better retire with some friend and ex punge the objectionable parts She said she had no fiiend in Court. I told her Gentlemen sitting at, the Bar would assist her. She said She would do no such thing. One of the Jury then got up, and complained of the paSsages she had been read ing. He said she was doing -herself no good, but much mis chief; and desired she would withdraw. She did withdraw, and came back with a -- paper-.... 44- -flthis-is--mytlefeoce, and. if the Court decides that an Englishwoman has lip right to declare what she Considers essential to her defence, "must abide the consequence." I was. desirous that tile defence should go on, but when I found she 'did not - choose' to defend herielf by Coun sel, and that she was about to make a defence which Counsel could not make for her, I - considered it an Effort to . add blaSphe my to .the libel, and I stopped it. ' I was most anxious she should nave the opportunity of stating every thing in her defence with decorum and decency. Mr. COOPER then observed, that the facts stated by the Learned Judge did not materially vary from those in his Brief. Whatever might have been the conduct of the defendant, he considered it his duty to . stand forward as an advocate in her defence. Every person accused was innocent until found guilty, and he.never would refuse to be Counsel in any case. If there were persons who looked at his conduct after the inannet of some who, at the play, confounded the Actor with the Dra matis Persona, heshould treat them with sovereign contempt. —He 'considered: the interruption of the defendant's defence ground for a new trial. LORD CHIEF JUSTICE—Does your affidavit state what other matter the paper contained which might have been re ceived in a Court of Justice ? Mr. CoorEn—No, my Lord, but although some of the matter was objectionable, it was to be presumed other parts were admissible. In the "' v. Davison,' the Court did '‘Cbt stop defence, the but imposed fines for going on. Mr. Justice 13AYLET—If mischief is insinuated into young minds, punishment will not remedy the evil. It was better to -stop the reading of improper matter. No Judge ought to per nit studied matter of that description to be stated. The Learned Judge then asked whether the defendant on her return cm-, municated to the Learned Judge that she had examined the . paperand found nothing objectionable ? COOPER—She says that not expecting this course of proceeding she was not prepared for her defence. The Loan CHIEF JUSTICE was clearly of opinion that she ought to have said it was not objectionable. The Court in this matter had not lost their understanding. . Mr. CoOrrat said, he well knew the Learned Judges had a very extraordinary understanding ; but with respect to the de fendant, she had no advice. iso Gentleman at the Bar inte rested himself in her behalf. He was not then her Counsel. Judp BEst—,The paper might have been taken to the seats of the Barristers. Mr. PLATT—My Lords, it is proper I should state, I went out of Court and offered the defendant my assistance. Mr. COOPER—I am sorry I was told no Gentleman at the Bar. did interfere.. It reflects honour on the Learned Gentle man who did offer his assistance ; yet I contend the defendant. being stopped in her defence is entitled to a new trial. - The Loan enrEt Jirittrev. said, the. struggle_ in this rase was to decide whether a person charged with the publication of blasphemy should be allowed to state. openly, in the hearing of the Jury, as much matter • of the same character as any friend to the accused- might think proper to prepare, and a Court of Justice be made a theatre for the expression of blas phemy and sedition. The declaration of the. defendant meant that ,she had aright -to state any thing offensive in a Court of Justice. It would be a great disgrace to those who administer the law, if a Judge Was lo say persons might utter blasphemy. The defendant, acting frorri the delicacy of ner sex, might have abstained from reading the objectionable passages, which were really disgraceful to a Court of .Justice. The Learned Judge had done.rightly in stopping the .delivery of improper matter. It could not be governed by the case of the King v. Davison . , as the mischief here would be done by the utterance of the mischie vous language which it. was the duty of the Judge to prevent. There was no ground for a new trial. judge's BAirLY and II oLltOlin were of the ,same opinion. Mr. Justice BEST said, after having stated the facts, he should take no farther part in the question. . New trial refused. - • The , defendant,.who was in Court with a female friend, then withdrew. . . • COURT OF COMMON PLEAS, Nov. 13. LIABILITY OF FACTORS. GILMAN V. ELTON. At the last Sittings an action of trover was brought by the plaintiff to recover back the value of 'Certain goods sold 'under a • distress for rent by the defendant; the gbods being then in - the possession of a factor. A point was then reserved, namely, Whether the goodS, being in. the possession of a factor, could be seized foi rent . ?.-and the argument came on. to be heard this day. After hearing' seigeant MITMTALL for the plaintiff, and SergeanfkiWES fdr the defendant; who referred to different cases in support of their argument, •The E.iixEr JUS7ICE proceeded to state, that wherever facie, were found in the possession of a tenant, they were, prima facie, liable to be distrained for non-payment. of rent. . The rule. by which this was governed, arose not Indy .out of the re, lation of theparti es, landlord and tenant, but also out of the maid , festnecessity of the case. At first this rule,-and the presumption to which it gave rise, were founded on a very simple principle ; but time, which introduces alterations into all human affairs, had somewhat altered that simplicity, because it might be attended with considerable inconvenience. The main question here was, does this case fall within the general rule by which landlOrds and tenants are usually governed, or does it fall within the exception to that rule ? To ascertain that, it first became necessary to know, what gave the right to distrain the property of a - third per son, or of property on the premises of another.. It was then, according to the judgment of Mr. Justice A slitust, an artificial rule, found .necesSary 'to be introduced for the prevention of 1 fraud by improper claimants of the property. The right was not founded•on natural justice, but the rule was introduced to prevotthat inconvenience,. which might, and in all probability *add, take place without its effective existence. 11 ith respect to the'exception, it was founded on a rule in favour of the ' 'growth, of commerce, and as the landlord was protected .by the law, so was commerce upon every principle of sound policy.— From the fatts disclosed in this case, it appeared tsat the goods Were received by a factor, as such. But it was asked by. one of his Learned B.rothers, why not sell the goods where they were manufactured, even for the sake of public convenience? Could it; in return, be asked, be gravely argued that the commerce of a city, like London,. should be thus annihilated ? Would the • sale of goOds at the place of their manufacture be always con- Sistent with . public convenience? Why no man who was capa ble of ,thinking—no man. conversant with the nature or princi ples of- trade, • or 'the general circumstances of a country, could for a moment imagine so singular a' doctrine. The . exception 'appeared to lnin more fully to include the. case of factor •than any other. A _,factor was . protected for the convenience of the public, and the more so, because .every body must see how highly 'detrimental it would be to the intcrest.s.of commerce if the different articles of manu facture were sold at home. By this protection of the factor, the manufacturer was enabled to send him his goods for dis posal-eand tilts is as rf.uch a benefit to the public as it is to the more interested parties. In order, then, to consult the public convenience, awl, to advance the interests of commerce, the goods sent to him for disposal are protected from liability to his debts.. The present case could not be distinguished from one' where goods were sent to a fair or market ; anti, in his opinion,. they were not liable to be distrained. The oth , r Learned. Judges concurred in this opinion ; and the CiarEr. J i7ST IC E afterwards observed,- that in giving his deci-, The Little Catherine, otherwise the .North Star, with lier cargo, was seized upon the 26th of 31arch,.11117; in the port of • Falmouth, in the island of Jamaica, by Robert Gilpin, Esq, the Collector of the Customs in that port. An information was afterwards filed, and an appearance given for.tlie Qivners,' in the Vice-Admiralty Court of Jamaica. On the 311th of May,. 1817, the Judge pronounced the property tb be fiirferted; znitan . appeal was entered on the part of the said owners. This appeal was prosecuted,bu tin the mean time application was made (under • • the 54 Geo. 111. c. 171),by"way of memorial and petition to . the Lords of the Treasury, praying them to direct the restitution et the ship and cargo in question. The Lord' of the Treasury granted the prayer of such petition ; and the Eir?,g's proctor, accordingly, in this Court, withdrew his opposition to the appeal. On the 20th September, 1820, the decree reversing• the sentence of the Court below passed : the clients .whom lie represented had paid all expences of the appeal and charges of the Court, and had obtained a decree of restitution. ; In the September of that year the alleged proceeds of-the ship and cargo were deposittd in the hands of the Commissioners of Customs. A monition was subsequently granted against the Commissioners of the Customs, warning them to bring into the Registry of the Admiralty Court the register of this vessel. To that monition the King's proctor appeared underprotest. His pro test-was made: it set forth that, application having been made to the department of the customs in Jamaica, the return was, that no funds had been left in their deposit by Air. Gilpin, the late collector. Application was then made by his clients to the Commissioners of the - Customs here ; and their answer was, " that Mr. Gilpin had gone off altogether ; and that no funds could therefore be expected from them." The question now to be decided is, whether the Commissioners of Customs were answerable for the conduct of Gilpin, who was appointed to his office by the Lbids of the Treasury.—The Court postporel its judgment. CITY BUSINESS.—A Court of Aldermen was held yesterday, at Guildhall, to consider of-an Address of Congratulation to his MAJESTY on his arrival in . his British dominions, at which the LORD MAYOR, thirteen Aldermen, the Sheriffs, and City Officers were present, when an Address was unanimously agreed to, and t 1 nerifis, at tended-by the .fteinembrancer, directed to wait on his Majesty, to know his Royal will and plea sure when the Court should attend with the same. The Court requested the. Lord Mayor to call an early Court to express their acknowledgments of the services of the late Lord Mayor, &c. and •his Lordship was pleased to appoint Tuesday next r for the purpose.—A Court of. Common Council will be held to-morrow, for the purpose of consi dering an Address to his Majesty on his return. We think it would save Bts,n a vast sum of money annually, if he only advertised When he did not sell a Capital, for every one knows, that when a Lottery is drawing, his offices are most . conspicuous; we suppose, however, from his 16lig experience, that he. knows best. Perhaps if lie followed our advice he would . be . ruined by his good luck : for were he only to advertise *hen helvas not successful, he would never adVertise at all!!! Every body knows on the first day. of .the present Lottery, he .sold all the four princi pal Capitals drawn. What he TUESDAY, time will shew. illethod of Preserving Apples and Pears.— rile best time for gathering fruit is when it drops off spontaneously; this is from the middle of Septeniber to the end of October. Ladders which will reach to the top of the trees must tie provided ; likewise baskets for .the. reception of .the fruit. In plucking fruit, the best rule is, to take what appears ripest in-your hand, and raise it level with the foot-stalk ; if. it parts from the tree, lay it carefully into the basket ; otherwise let it hang. The trees should therefore -be ex 7 amined every three or four days. In the fruitery, the fruit is to be laid in heaps, and - covered with clean cloths and mats above, or with (rood natu ral hay, in ord er t o it s swe ating. This s is gene rally effected in three or four. da . ys; . but the fruit may be, allowed to lie in the sweat for three or four days more. They Are then to be wiped; one by one, with clean cloths. Some glazed earthen jars must then be provided, with . tops or covers ;.and also a quantity of pure,pit . -sand, free of any mixture ; this is to. be thoroughly dried on a flue. Then put a layer .of sand au inch thick on the bottom of the j . ar ; above this, a layer of fruit, a quarter of.an inch free. of each Cover the whole with ; sand to the depth of an inch ; then lay a second stratum of fruit, cowering again with tut inch, of sand, and proceed in this way till the whole be finished. An inch and a half of sand may be placed .over the , .permost row of fruit. The jar is now to be clesed and placed in a dry airy situation,, as cool as possible, but entirely free from frost. The usual time at which each kind of fruit ought to be fit for the table being known, the jars containing such fruit are to be examined, turning out the fruit and sand cautiously into a sieve. The ripe fruit may be laid on the shelves of the fruit room for use, and the unripe is carefully to be re-placed in the jars as before, but with fresh dried sand. Some kinds of Apples, managed in this way, will keep to July. Pears will keep .till April: the Terling till June.—(lllcmoirs of Caledonian Horticult. Society.) J~ '~