The Sun. — London, England, 1821-12-14 00:00:00

, they loudly proclaimedtbeir dissatisfaction, and have shewn inn& aversion -- for' the Englishthe Tuic The pri n cipal causes whireh ledt to teolitng,.;-were ; a belief that the'.Gotertinfilit'c had; &anted to , -thifTerks, 'at a,' 16 - W - 'lCriCe;"varioa - NYiqi they refused to sell,.at any price to the Greekt, and= the prbliibition forbidding the an dotes' tli'.i") - r:af fa their unfortunate btethien. "yheir . ,disconfent produced a complete insturec - ..tion, on the 13th of October.:- , - - [This : hasheen before alluded to in.our former extracts.] ..We hive this day received the Gazetia. hole lonic of'the 3d of. Nov. which contains the following Proclamation "'PROCLAMATION. _ I "'By, His'' Excellency the Honourable Sir TuomAs iklarr; • • • LAND; &C. ike,. • Exceileilcithd Lord High Commissioner having, by - the advice of . .his .Ilighness the Pre sident and' bf the Senate, issued a proclamation, uncrei date the 9th inst.,' communicating' he high and.entire approbation of his Majesty, the,,S`Ove: , reign- Protector ofiAttese States,relative to - The strict neutrality prorliiitgated by the Government of the - United lonian Stites in the present ,crisis; and in- the wars Villichhave < broken out.ift .the vicinity -of t these islands.; ',by which resolution the people of these States have been required to observe constantly. ? 4,o, scrupulously the regula tions and ordinances, which have been published In-order to;`-mairttitin inviolate 'the aforesaid "neu c r; ' 44 : Since, howeigi, notwithstanding these regu lations and ordinances, several flagrant violations have been committed, not only of the said neu- FOREIGN INTEL-LIG ENCE..i t ' . PARIS,:,IY Kin ,transactedbusi ull'e#yeSterdal4ittr:•thOke de Ricirelreti: Wch. h quitted )c ) ttr:ClOona:. The Spanish Jou ritalsi witkgulogittn* 1 6it. diefri uObVid,ritliic4 Eitidlefierdn'S . d4oo!fion-to; m."ll, Y 4:Partiel, ErailoAs,,apd-Aodouic4i have • I)osl:F4fiYo as 'inettlber :of the Ataderny:of Barcelonii. Ftt•ENCri 1171 , 11)S ‘ : 1 •:1 3 ".%:; • •.• • • Dderred Stock • (AL 50 • '7' Ban . k Stock' 1505:1 [ENTiticr of A PRIVATE • i,ASivwEar,DEp,6.,--7Commerci4lletters received this-day from hamburg, relative to the affairs; of yiirke,‘r; are not very paci fi c :;Whey -; alb the: accounts,.favoural le.,ta t4.014,1,94cR4 1 1A.e -of peace,iwhich are - zontintially -publiihed 'at Vienna; 'and repeated atTranlifort,'in , 'Order to"iiip. up the price of the . Austrian fuuds. AA' the departure (lithe last Courier frofn I.arn 7 ..-burgli a report ' W t 'circulated in that - lotin ; Jhat in'ifhPortant communication had been made by a great ; Northern .Power , to the Courts of ,Copen.: hagen' and Stockholm, with the ',view a "Maritime' Confederaliciti; of - + tIQ three Powers. Thegreatest.lactivity prevails in the dock , yards of tiollapd..,Th4' Government makes every exertion to, place its, navy, on respect4Ae„esta7 blishment.; and .it is .affirrned_that .anotherlmaval ekpeditiOn will be seta to the 'COlonieilln 'the spring ! FR kNFORT DEC A private, legeN.,- from E trality andthelaWs .of nations, but also - of corn. Vienna:states, that" the political horizon is•again . _ • . • mon humanity, as has • been seen at Cerigo, to clouded-;- the last account • froth Constantinople • - -• : • . • that degree, that it is impossible to repeat them are not of so - pacific a nature as the 'preteding." - • : „.„ without extitingihorror. . •- .. FRONTIERS. or . 1110!.DAVIA, ilOw. ne " The Lord High Commissioner' of the Sove tie w Hospodar of Walachia, ..Skaclat Callimachi, • . . . . reign, therefore; by the advice of has Highness has received orderi to repair to his Government:: • .• . the President, and.of :the Senate, desirnß of Fresh tr o ops - continue to reinforce the Turkish • preventing any further: infraction.of the !afore , army in Moldavia„, - , , said neutralityictind in'the .hope. of maintatning • MAYENCE,, Dec. 2.---At4hatever :period the . • . • Public tranct" uillitY, and of . withdrawingfroth the question of War Of peace destined to 'be de consenuencesof their own folly those imprudent - Cidect;it is Certain: - that, in the present 'state Of - • -• • - • individuals - WhO, have .attemp(ed and Wh i o. now affairs, the balance inclines more on the side of' • . = 2; attempt to involve these islands in the horrors War than that of peace; but we should deceive Our- • - W hich surround -them,ls - pleased to proclaim selves if . we expected that hostilities would corn "l. That from the . t-clate, no ship of war belonging to mence shortly: for winter renders almost impos- the Belligerent Partie4, or ibf any other Nation , co-operating sible the transport of artillery and proviiions re- with either of these Parties, shall be received (except in case of distress) into any of the ports of the United lonian States. attired for a large army, and consequently makes " 2. That all communication with the aforesaid ships is ex such *ti event improbable at the present moment.. pressly prohibited, except through the intervention of the esta- It seems that the total devastation-of Moldavia blished officers of the lonian. Elovernment, who shall be ap and Walachia is .not simply the work arcurkiSli pointed to this service. • barbarity, but the consequence of a fixed plan. a 3. That every subject of the lonian States, or any'btker in- The Turks appear to be of opinion that it will dividual residing in them, who shall In future attempt, of his be necessary to evacuate these provinces at the own free will, to hold the least, communication with the said approach of the Russians ; they will perhaps ships, shall be considered gitilty of open rebellion against the ..,„ . 4o0:04 to perform that part of the conditions of lonian Government, and: treated as such. Russia; if they could by that means obtain peace; cc This Proclarnation to be printed in the but at the same time they wish to put these prin cipalities in such a state, that the Russians could Greek and I tali an l an g ua g es, and to be ev e r y not maintain-thentselves there without : makinc , .where publicly made known. • • sacrifites which "would render peace.more disad- " By Order of his Excellency, vantageous to them than war. • ." (gigned) "FRED. HANhEX,, Besides, the Turkish Government thus grati- 4 Secretary of the Lord High Comm issioner. the spirit . vengeance ! preduntinwit 411 .. t he '" Palate, Corfu, Oct: 29, 1821." , Asiatics, which knows no bounds; and it increases 7 Nov.:47.— , The Marquess Antaldo the couiage-:' of tW . troops by permitting them td Antaldi and the Advocate Tontinaso .Felici, _ ,enrickOerqs4v"l)y. means of pil•lag.44.- It:Would appeared on the of ,October before the .Chan be the,pame.ht 4ap.etionia and the Morea :If :the eery of the Civil 'fribunal of the First Instance at Tttrk.s,wereyietotious there, hy means of -assassi- - Pesard; there to : thake a Declaration respecting oations,which in reality the G.overnmentapproves, the Will of the late Qu e en Caroline. (ditch has riotwitlistand.ing it apparently, discountenances' already appeared in the SUN.) , , • . therm by official hattischeriffs, disseminated with The declaration of Messrs. the Marquess An rapidity ; throughout Europe, and: in which,they taldi and the Advocate Felici, trustees ). (lidei never fail to attribute. these crimes. to the fury of commissaries) of the late Queen of England, the people, and to praise: the humanity:of the causes much sensation here. The necessary con- Divan. It wishes to diminish the number of the sequence of - this step islo. render public arrange- Qreeks,,and would rather be without slaves than meats which the deceased wished to keep a se tremhle...before-them. • • , cret, and which will parhaps throw some new On paper, : the Porte protects the innocent,;and light on the great process. •It is besides, doubt • in their houses, 3 in ; churches, and. the .streets, it ful whether these arrangements, being detaChed assassinates them , : it is enough to say! - that they from the first act lo'faVolit of Messrs: Antaldiand were not i massatred,officially...Bnt 7;atkish'po Felici, can be considered aslegally valid. licy may . gtt4 itself mistakeni , for thexruelties Berganftscontinues to live at Pesiro;'where the exercised'.,towarAssAamen,:. children„paceable chase is his•'favourite diVersion. : He "has in his merchants, and_, priests, are , not so disadVanta- stables 30-very fine hOeses. His face is shadow , geous i • to- the-zcause , of the Greeks as they'ima.;, ed with very thick whiSkers ; his huntstheil'and gine. , By‘las i giisittating - thennfortunateS who are servants have adopted the:•same fashiOn; Ile has Withoitt:ar*S;Aft:43 , increase the courage and•de- lately been at St. Marino, where he ha s had hiritl . termination:of , those who are armed, and - cottipel self registered .atheng the citizens of that Re . thsteW4iltl? trethajited quiet to take up arms ;,"--•no public. •:citli'er: l :alternotii - e is left theta -but- to-conquer ' GENOA, NOV. 4.24.Conr t Gazette . contains - the following article :--L" We have letters froinCen- This , spirit manifests' itself - by • sea and land, stantinople of 25th :October ;: whether it be that • and . Eur Ope hears of a people our CorfespOndentS'lta*e not peitpitasity to dis ::;-Wha Seein,toliaOlurribered.for the lastthausand cern the state of thing's, or whether they do not yearsvi: Priests Auld women hecotheeheraes, and thihk lit to acquaint - us With,it; - ' their letters are the 040 . ie,9f Tifecitiptul is pow - hnnOl4:o - „liya entirely' pacify. 'The accounts' which we . have ,ifiCtory, t as, it lUformerly lay the .mastiglotionsi received - . here of the naval tombat, which 'has of defeats. Hoivever exaggerated lira'} be'tbe taken place near ,Y.aitte, state that the .Greeks details `of enthusiasm, We tannotirhO - eiTl 4 W,ques- 'fenght with great bravery, but that their . fleet tion the resulti; ".which are great indeed when we Suffered severely on account of theinferier strength consider that the Greek's are ignorant of war, are Of :their vessels: letters . froM Vienna an in want of aftlihmtittititis and PrOviSigns and that' iiOunce the same thing." . - .• , : BRUSSELS, DEC I 7. 7 --Kgeiinan Paper observes, • , Nov; '2.—(Private . Cof•ritspontknee,) that the - 04erier has suffered - tti - days • Wite . ..'our island has beeti threatened t% elapse:Sinee."the arrival - of the last mail from with,-a•*fOrin,w4lth appeared inevitable. :The Turkey, without hdving given its usual article EnglithGovertment had given ; the best reeeptiOn from Constantinople. This silence gives rise to • of the-Grand Titritish:,gleet various conjectures. on his arrival, and had-several interviews with lain. •:' 19.—'111e private correspondence —lt *hs't#poiit - Eitiliiit the'TnikiSh` Commander Of the .;144burgli Gaelic Says, : that one, of the had peen `ur is igd by" the GOveiintent„with clauses in 'Napoleon's Will says ;than he had !acne; b nits which; ~ it took- advantage; :arid, :taken for s:eVt:tat years from the a sum , atnourtithe44l the idea bf "disernbariN'effilopS at of tenthilllOnS, Which he deposited in the coffers Corm andAktrgs, .'l' : ltttse.rreports. irritated - 44the . EitraOrdinary Dornain,,as, his prkyafe, pro, inhabit4titaiwlio fireVeat parizana of : the GrOks; Peiti; and that this sum has aquthulatektO 140 and liaVe alt heredita'r hatredigalnie theettrks; 16H - thins, Which' Napoleon to his son. •gr'' LAW INTELLIGENCE. IOURT Qr.:Apio's BENCH, DEC. 13. Before the Loan CHIEF .6 - FricE and a Special Jury. THE SIXO V. 1101,1ERT This was an infbrmation against an tlector of 13arnstaplefor wilful perjury at the bar of the Hoiise of Lor4, Mr. LITTLEDALE ciPened the pleadings: .The two first -counts charged the defendant with swearhis to falsehood at the bar of the House - OrLords`;' the remaining counts alleged a contradiction between the evidence -given by the defendant in the House of Lords, and former evidence , given by in the _ . House of Commons. • ' ' The ATTORNEY-GENgnese., M stating, the PASe7,CTll time d upon the enormity of the defendant's conohict.„At, the general election in die:Year 1816, thfee "Gentleinen, - -SielWitnitsSeh Lo pez, Mr.- Onimaney, and -Sir Henry Clement. Thomson, were candidates for the representation of the borough of Barnstaple. Sir Manasseh Lopez and Mr. Ominaney were returned. The losing candiCatte, Sir Henry Clement Thomson, petitioned on, the ground, of briery and corruption, and a Committee was appointed to investigate the case ; that Committee' examined various witnesses (among others the defendant, who had voted for Sir Manasseh Lopez); and, in the result of the inquiry, the . election was declared void. The Coinmittee thus deputed, hav ing concluded their labour, presented a report of proceedings to the Ilouse.ofXoremons, in which eel stated.: that, at the late election for Barnstaple, bribery had been employed by the agents - Of Sir Alanasseh Lopez, and left it to the House to punish' such offence as it might think fit.• ;IneConsequenee of the -report so made by the Committee, a bill was brought in-', to anti passed by the House of Conimons, for the better SecUritk of the purity of'election within the delinquent bordfigh of Berne staple. That bill;. having passed the lower... House; was fleet ei e to the LOeds ; and, as it is not the practice of either .of those as semblies- to pet upon' evidence taken before the 6th6r, it was read a first timee• and arvorder made to examine witnesses at the bar. The defendant. Knill, who, before the Com mittee of the House of Can:mons, had made out clear bri bery in his own person' 'against Sir Manasseh , Lopez, was then called in to support,. the bill ; but to the surprise of the House, and of every, one who heard him, he gave an evi. dence af the bar of the -House 'of Lords in direct contradiction to that which he had givenhefore the Committee of the House of Commons. Upon the motive of the defendant's conduct the Jury could have little doubt. It was an ohjectin the Borough of Barnstaple to prevent any alteration in the state of the Elec, tive Franchise ; that object, by the perjury of the defendant and °theme- was accomplished ; and the bill, although it passed the Commons, was lost upon the second reading in the 'Lords. The present prosecution (the Attorney-General continued) was in.. stituted- at the -=express command of the House of Lords ; and the case, although unfortunately not quite novel, had yet some features of singularity about it. In ordinary cases of indict ment for perjurye-cases in which a mantled sworn only once— it was necessary to call witnesses to shew the falsehood of that which he had sworn ; but in the present case, sueh evidence would not be requisite: The defendant having sworn twice,. and sworn to colnradictions, must, of force, upon one occasion have perjured' himself. The perjury would be proved, there fore, in the present case, not by shewin the falsehood of the defendant's allegations, but by producing leis several statements upon oath, and comparing those statements the one with the other. The leaned Atterney-General Concluded his Address, by citing a case in-which similar proof of-perjury had been held sufficient. The case was a case of " The King v. Booth," , tried before Mr. justice Yates at Lancaster, in the year 1761 and the Learned Counsel quoted from a manuscript note taken at the trial by Mr. Justice Chambre. A riot took place in Lan caster on account of the high price of corn ' • Booth, who was a miller, had his mill dismantled by the mob, and he laid an in formation before Justices of the Peace against three women, for being concerned in the attack upon his premises. When the in dictment Caine on to bectried at the Seesions;'Booth, who had: been tampered with, swore that the prisonera hadinet been cone cerned, inehe riot. On the trial of Booth for perjury, no evi= dence was given that the women had actually been in the riot, but his deposition before the Justices was soroductil against his evidence at the Sessions;_he was found guilty; and ,his sentence was affirmed by the Cottrt. The +gist of the perjury alleged was this swore be= fore the House of Goininons . that a Alr. Peibble•had promised him satisfaction, if he would vote for Sir Manasseh Lopez. He swore, at the bar of the house of Lords; than Dribble had not promised hint. satisfaction if he-would so vote. This was the case on the part of the prosecution., Mr: o t.Pnus (for ' the defendant) subMitted that. there was no case to gatoehe Jury. The Learned Gentleman then objected to the form . of the indictment, and commented upon the loose authority from which the Lancaster case had been cited. , . • The LORD CHIEF iUsT,ICE (according to his then opinion' ) was disposed to ask tfi Jury if they believed that the defend ant had sworn wittingly;a.nd wilfully on both occasions ? If the Jury did think that the defendant had so sworn, his Lord ship proposed advising - them' to find a verdict of guilty ; but to find upqn s the,thitil. and ,fourth counts only; He -would take that course-(the Learned: Judge. said), because he thought the question merited: )v 'mgst grave consideration 4-end it would come most conveniently for solemn decision, if it assumed the form of a conviction: Mr. ADOLPH us objected to the form of the third and follith counts, as not setting out with sufficient eeactness the date, place, manner, and other circumstances of his client's offence: • The Loan CHIEF JUST WE thought that, if the general form of the indictment was good, the third and fourth counts were sustainable= The •,question (as to the form of. the indict ment) might be brought in, the most convenient shape, either by motion, arrest of etidginent, or writ of *ere into a course of decision. .Alr. ,AdOlPhus'e objection. would'. be upon the record. . - . : • • The' A.. r ORNEY-GEz,T . pat said, that, with-submission'-to submission eo the Caine, he :was not prepared to give up the first and second , counts of the indictment. He contended e that a man who ad. mitted the, falsehood of that which he had sworn; unghthe 'con victed of perjury _Upon :thet admission, without further evi dence.. . • - • • The Lone) Cutsr. Jusr ICE- wished to have that propoii tion fortified.by authority. • - • e The T onNEY-GENERAL could not see that, perjury fered in its nature froni any other crime, He treated the ad mission as confession, and confession, even in cases of' murder, had been-received as sufficient evidence. The LORD CHIEF JD sTIcE wished. that he could see the record in. the Lancaster case. The ATToRNEY-GENERAL had sent to the office, but found that the record was not in town : Lancaster being a county pa latine, it remained there. From the form of the note, however, taken by,Mr. J4tice,Chambre, lie (the Attorney-(general) had great reason to helieve that it was in similar form with, the pre sent indictment,. The note said this--speaking of the women whom Booth swore not to-have been in theindictment—" evi dence was'notgiren that, the women were in the riot,, which was the perjury assigned, but the deposition, before. the Justices was produced against the defendant's evidence at the trial ; and Mr. Justice Yates, directed the Jury to find the defendant The sentence was confirmed, . The Loan .- CHIEV JUSTICE 'thought, upon that note, that the,leancaster record must have been in the form of the present indictment. ~ - - The ATTORNEY-GENERAL then submitted that the first count vf the 'present itidietnient was tenable. , The charge in . that Count was, that the _defendant had sworn falsely in the House of Lords : the charge a t Lancaster was, that e defen "dant hid sworn *falsely at Sessions. In theLadeester case; the contradictory statement before the Justices was received i-as sufficient evidence 'and, the contradictory statement before the House of Commons Was entitled to similar &het hi:the-cap be. fore the Court. " e. - The Loan CHIEF JUSTICE desired to hear the Counsel for the defendant. •. , ~ • Mr. ADOLPHUs admitted that where there was .ccintradic forrevidence, the swearer must one *ay ,or the Other have sworn falsely : but lie relied, on the other hand,upon the great principle of law, that an accuser wAs.bound to state a case, and to make out distinctly . that. case •by evidence. If a man swore two thine; a prosecutor Was •at liberty to elect. He might charge that the one. was false, and wove it ;eel he might. charge that the other was false, and prove it ; but he could not upon a prosecution for perjury set Up both oaths, and say— " You must convict, because one must be untrue." The cora: parison of the •:defendarie.a -contradiction to - confession; was a 'Comparison Where no , similarity existed. • • Fuasrets JoxEs (on the same Side), applied hiniself to distinguishing between admission, and confession. Even taking the. defendant to haVe.edmitted in one place that he had .sworn falsely in another, streh:lachnission could not amount to a con fession of perjury, because to constitute confession of perjury, a nian mhst confess that he had wilfully and corruptly been forsworn.' The LORD Clime! JUSTICE,. pat p resent advised, would direct the Jury they were of opinion that the defendant had sworn falsely before' the House of Lords, then they' should find him guilty generally. If they were net satisfied opdifthat 'point, they should acquit theilefenclant upon the-first and 'se cond counts of the indictment —'finding him gtiiltton theintbse "quent counts, if they thought that he had sworn differ and deliberately' in the louse of Lords and in 'the otTOrn r Bat constitute', the ern* af .perjeiry; . - woidd be a•lspiestien ifor Mons.. Whether the fact of a man's heving s o o f s . ;v 4 e , future decision rn did : r t 1 4 m id e a,t,t if rb fo u u e n h t t i, in wa y s at ini jo e ui , ways , ,.f(*.6l , .portinee,'Eft It COH • . - • 'arunient befote highet tribunals.- 1113 - leehip• thert"'. m g ated to Mr. Adolphus that he was at liber ert t l y to additis the Jury, if after what had falleitAllittli.c Court he judged it ne cessary or expedient Wdo - so.: - , • The'Sot.ic,rrqt,ll-iNOtt,4l4:fiiime length replied. •• - There':iiiasAttl . tgc IV.W l :Actalpittii r s defence, or •in the - re- Whietl44 l 44.in * the -asen'atif )ll xf ati4reise44ythk-441.rnett-I,6eittletettiledgfudge, been Ore,- v 1 1 .4 ' 31 Y . • Lone eitti 1.; 1113 as f 01104 4 14 q,eatlemen of th e `juryit'llhiS ( .ls cinfoination:filed Aitonicy-General against thelefenHitinfi-Frbbert krill, for ittil - = fug and corruni:perjury. Th*lidge is divided into two pa t s, and each is totally distinet..r the, other. The first part of the informatkon, a l eges . that ie 'defendant„ on a g i ven day, swore in' his eliinihation lierore the'lTouie - of LOT ;: thafile had not been-promised satisfaction? by. a. certain Mr. Dribble-, .a3:14 that he bad net given his vote at the Barnstaple eleetionrOr Sir M. Lopez in . c . onsequenee - of ' such promise; and ;then= it states that the matter so ' , gamin by the defendant wasSalsear The second. branch •of the accusation though unusual in its form, is . extremely plain and simple. It say that the 'a& fendant, being examined before: the House of :Commons; swore that Mr. Drew did, promise ,him satisfaction, &c.; ,and that, being afterwards examined at the bar or the House - of Lords, he swore that''.lr. DreW did not prothise him -satisl. faction, &c.-; . and - thelO ,it charges, that. in so oppositely swearing the defendant. was guilty of wilful and corrupt per , - jury. The substance, "therefore, of the last part of th ae casation is, that a mail sswearing e ng one thing on one occa sion, and directly the contrary . on another, must,. upon one occasion, have sworn falsely.; and if he hai sworn on both those occasionswilfully and knoWingly, then of necessity lie must have committed ,perjury,' :Now, -.whether swearitig..9ne thing at one time, and a contrary thing at the other, will, wits-, out evidence of either statement being false, amount ter the criiiie of-perjury; is a pure question of law: With that question • you have nothing to - do, your duty is only to decide as to. the fact„r - Now to sustain the first :and second counts of this indictment, the prosecutor must prove to yoUr satisfaction, - that what Abe plaintiff swore at the bar of.the House of Lords—to wit, that be was not promised satisfaction by Dribble, &c., was wilfullyand corruptly false. If ft tsas false; you will probably be of opinion that it was wilfully false., By the rule of common law, the.eyi dence of one witness is sufficient to convict a man upon anyin, dictment, except for perjury ;,but the crime of perjury must he . proved by two. his contended, however, in support of the pre sent information, that this , , rule of, law has one exception ;,and` that if it be shewn that the patty himself has sworn the Contrary, on one occasion of that which he had sworn at.another, a jury may be allowed to be satisfied, upon such evidence, that the swearing.i. upon either of these occasions, has been untrue. In support of the form of the present indictment, a case decided in the year 1764 by Mr. Justice Fates has been 'adduced. The value Of that learned persor.copinion is understood in the profession, and upon the authority, of, that decision, I think myself called on to leave the present case to ybu thus.—lf you are satisfied that what the defendant swore at the bar of the House of _Lords is false, find a verdict,of guilty generally. -Ifl am in.error, my direction will be set right, and the Plaintiff will not suffer: If you are not satisfied , upon • that 'first poiat, then lOok.Wt , ihe second. A man.swears•one thing on •one .day, and a contrary thing.on another. Do you believe that he has so sworn know, ingly and willingly ? If you believe that he did so swear ingly and willingly, all that is alleged in the declaration is proved ; and you should find, as to the question of fact, upon . the last counts of the inforMation, a verdict of' guilty.— Whether in so swearing in his own contradiction, the defendant has committed a crime; is not a question for you, but a point of law ptirely. That point will hereafter be carried to a higher tribunal, and argued with •the solemnity which its iniportance deserves. • The Jury, after a short consultation, found a verdict of guilty generally. TILE KING V. ED YARDS. .• This was an information of the same description as the for mer. The Jury, after similar speeches from Counsel, similar evidence for the, prosecution, and a similar summing tip'frOth thel.ortl Chief Justice, found the defendant guilty (of the con tradiction only) on the latter counts of the indictment: • • • • IIE gING V. HARRIS. This was a similar case. There was no novelty in any of the circumstances. - • • , .ISlr. ADOLPIIU s contended fora verdict similar to that in the last case. .•• The SOLICITOR-GEXERAL submitted, that the verdict must be as in the first The LORD CIIITIF .11.7gTic summed up. The Jury found a verdict on the latter counts of the inform& tion (the contradiction only)—Guilty. 'mu AtEa y. FROWDIE. This was an action for malicious prosecution. The defend ant preferred an indictment against the plaintiff and a gentle- Man named Lee, for an alleged conspiracy to extort money from the late Spanish' AMbassador. . . Mr. Cu IT TY opened the pleadings. Mr. G 1:11NEY (in his opening) stated the case as one of' very serious importance to the plaintiff. He opened the transaction with some nnwillifignesa to 'the Jury; - because it involVed the conduct of 'a ii person of great distinction, that person being A a foreigner, cl now no longer a resident in this country.— Harmer, 'ffie :plaintiff, in the year 1818, was applied to by a yoUng - woman for professional assistance; the applicant Nvas accompanied 14 her .father, and the tale which they told : (rather an interesting one) was this :—The girl, whose name `was Roberts, was earning her livelihood in a reputable house, when a servant of the late Spanish A rnbassador, the Dukede San Carlos,' sought by Various means to seduce her from her situa tion. The man distinctly told her that he did not addiesS her on his own aceStint;:birethat it'great foreign merchant named Picard was struck with her, and was content, if she would live with him; to provide for tier handsomely. After much persua aion the temptation succeeded ; the young.woman left they em ployment she W3S in ; resided in lodgings which were regularly provided for her, took • the.parhe of 11Ir. Picard, who visited' her. frequently, and at length discovered that Mr. Pieard was the Mike' de San Carlos. In course of time, the girl became pregnant; and her keeper became tired,,, of her - he employed a pencil to:use means to prochre abortion,' and shortly after abandoned his Victim altogether. In this clilenuint,'Mri.Gutney said, it was, preg ! . nant, and in a state of complete destitution, that Miss Roberts first applied: o the plaintiff; Mr. Harmer. Mr. Harmer, even supposing her statement to be exaggerated, could riot but feel some pity for her situation . : and he thought that, at altesients, something should be done for her. Under that impression, he called upon a gentleman with whom he kneW the Duke de San Carlos to be acquainted, stated the circumstances, and asked his opinion. Mr. Lewis Goldsmith, (the gentleman to whom 111 r. Harmer so applied) said that he had, no doubt but that the Duke would feel obliged by Mr. Harmer's coriduct, and begged that Mr. Harmer, with him, would call upon his Grace immediately. Mr. ilarmtr - went, and the parties had a con ference upon the affair. Time Duke denied having used means to prochre aboytion ; but he admitted the' rest of the caiehis keeping the girl, her 'beingr - ivith child by him, &c., and re quested Mr. Harmer to communicate with his attorney, Mr. Frowde. Mr. Frowde and Mr. Harmer met, but the interview led to nothing very satisfactory. Mr. Frowde au thorized - Mr: thriller to give the girl 51. ; and Mr. 'Harmer afterwards, seeing her destitute condition, and relying, of course, upon being repaid by the Dake, advanced heisl. more : - these advances were made during Miss - Roberts's pregnancy, arid at a time when various arrangements wereproposed—Mr. Frowde .wishing that she should go to the workhouse to lie in,, her friends refusing to accede to that course, and the girl, but for the money supplied' to' her by Mr. Harmer, in a situa tion literally to starve,.' or to be driven into the streets for.sub sistence. The result of the Duke de San Carlos's conduct was not more liberal than its general tenour had been. Mr. Har mer applied for payment of the 'lOl. he had advanced: Mr. Frowderefused :to pa it. The girl applied for further aasiit- nee ; but Mr. Frowde compelled her to swear her child to the Duke ; the Duke was in consequence actually summoned before the parish offieers; and the scene which took place on that occasion,- Mr. .-Gurney, as he, was . not . compelled to. do it, would not at presenk - state. Behr. - denied, however, the reiin bursement of hiS advances, Mr. harmer, who might well have expected a complihierit - ferbis trouble, became angry. He Con stilted with Mr. Goldsmith, to whom he had first applied ; and, by, the advice of that gentleman, wrote personally to the Duke de'San Carlos. Shortly after; to his utter astonishment—with out notice or intimation even that he had displeased by his :proceeding—Mr. Harmer found that the defendant had gone to Clerkenwell, and,preferred an indictment against him, ,in company with h gentleman of the name of Lee, for conapiracy.. Of Mr.' Lee, Mr. Barmier had not at that time the slightest knowledge ; but it seemed that Mr. Lee, who was a clergyman ' (having been consulted by MisS Roberts), had written a letter to the Duke of San 'Carlos ; and the respective interference& of Mr. Lee and Mr. Harmer;on behalf of the same unfortunate woman was deemed sufficient by Mr. Frowde to join them in a conspiracy. As soon as Mr. Harmer beard of the indictment, lie proceeded to inspect the bill. found Mr. Frowde in full possession of the field,—attorney,.prosecutor, and sole witness; and he requested, as matter of justice, that the trial might come on without delay. Now as Mr. Frowde was, in fact, all the • case in his • own person, he could have few pleadings to. arrange, and no witnesses to summon; but delay,. not trial, was the object of the affected prosecution ; the Matter (for increase. f delay, arid to keep the thing hanging over Mr. Harmer's head) was removed by certiorari to the Court of King's Bench - and wheo l atlengthOt could bekept offno longer; not a tittle of evi dence was_ adduced for.the prosecution, and Mr: Harmer, with— out atrial, was acquitted. Now the'questioti for the Jury was !short and simple Had the indictment, or had It, hot, hgen. res ferred maliciously and without probable cause ? That,questron was one on which twelve men could scarcely entertain a doubt, and" dendY4k , •ito -. 4-411e 144 to ?mastiff tit*: compensation, which *as dui to - ihg Plat_otitfl Thbrecoril of Mi. tharmerciacquiftlitt itieCourt Bench was then put in. : , • • -; t ; --.!, •. . • • Mr. Sergeant PEsiE;(for 'the Wiferidantffikili aTdrmal ob :The plaintiffin hi:vat:kJ-Option', chagged the,tlefendso :with indictipg him for a conspiracy td extort money, ac., (rot% idle; ))take dean t}arlOS. - 'The' recOAI d. that . irrdictirient; !now: before the Court.; and it would be for nti that the Duke!, ; name et! Cariajal. nitrite" in-t-tfle• t 4 / 6 6 set-Pula-an4. properly set nut„ ;., hut . * plaintiff, iph diaarntion, now spelt it Carvagal. The Viribtion; the Leato Sergeant subtliitted.e.mtist be `. , . Mr. Gun X tY contended that the name would he either 4f4h , idetti - SotianS. ; = •=, •• z 1" Mr. Sergeant PEicßz denied that fact. The g might be soft, Or; hard'. • • - ' • • ' . The Loma ,Cutr,P,.-..41.15Tit was of , opinion, against Me":, Gurney ; bui aS'tfie'dbiabt was upon a word - in aloreign lad gunge, he was read}' -PI - bear evidence upon the point. , Mr. GuRNE Y, alter consulting Withhis - client, admitted that be mug be noes Cited. f Lord Holland was upon the bench during the greater part 1" the day. It waslunderstood that his. Lordship was subptenaea on the part 0( the defendant. The trial did not come on until five in the afternooi,. • • COURT OF: coigaioN,yLEAS,DEC. - Adjourned Sittings in Guildhall.' • AAIIIIIi V. .This was a a action of•trover, to riejiver back, the 'value of horse, under these circumstances :—The plaintiff; a hiiise-fleale. l at Brighton,ret a horse anti a gig for II days to a Air, Durant; Mr.:D., arrival in London, immediately after eadev voured to sell the horse - and gig, andfoi that purpoge sentchbfi to-the Repository of .the.defendant, in Goswell-street, where 1 16 was sold to a person of the name of Bray. It appeared . filet th horse was not returned to the plaintiff,diter,the eight days; after laborious search, he was discoVeied in the pbssessioo Bray. When Bray was first appliechtbia.shew the hOrse, he le" out a different one to that originally let by 3laibin, but Sabse' quently led out the horse in questibn, 4444 *as immediate/Y r e ` cognised by the plaintiff as his property. These were ,briefly facts of the pliiintiff'tecase,•as proved in evidence: - Fpr the defence, it was contended, that no, conversip_qf t h e property 16.. s proved ; that the identity'a the.horse was dtal6" ful ; and thirdly, that it did not clearly appear that a 5a1e,1Y, 3 : 3 made by plaintiff to Durant. Mr. Sadler's clerk.proved the sale of the horse at the'Reposi.; tory to Mr. Bray, and that he charged and received the usuP commissions on the transaction. , , • The Loan CUIEF JusTrcE said,.it was clear that a letting and not a sale was made of the hors4:aild gig, the latter being., returned to the plaintiff'. It then remainetl for the Jury to sl what suni they would allovifor the hork. • Yerdict for the plaintiff—Damages pi. . - • - . • . . . RICH WHEEL FOR THE LACT ijte ARROLL, the CONTRACTOR,: begs! t° inform theYublie, that the Last and Only Day. " Drawing, is NEXT THURSDAY, 20th DECEMBER, Whets all thePrizei in the present Itich•Wheel must 64. Prawn. 61.: ONE of X:30,060 ! £s,non .2,000 . 1' 3 • 3 4 With a multitude of inferior Prizes £so, :.£Vh &c. Sec:: making , - • 7 ,*! LESS THAN TWO BLANKS TO A 'PRIZE. .-:Tickets and Shards are Selling at GARROL - L'S Troly. tunate Offices, 19„ CORNHILL, and eN, OXFORD ST4F:F'„ where he Sold in Shates, the- Serirod Da}; of •Drawing, 6 4 ' ) Teinher 20th,) No, 11,436, a Prize of ,C 39,000. ERRATA.—In the Poem on PALEST/NE, in Tut Svg~ ° yesterday, the Title -sheyd, have ppftred, thus MINA '% ICCAMICA, NO. XXI.—PALESTINE. Part I. In the 35th -Line, react love" for G° cove'- PRICE OF STOCK - S THIS OkY AT TWELVE O'CLOCK. - " 16 05 3 per Cent. Red. 76i Bank Long Ann. 19 i 7- ~.op 3 per Cent. Cons. 'shut India Bonds ........ . ......... . 34 per Cent 87 2 1 Exgheq. Bills, al P r P i 4 per Cent 9 60 Cons. for - Opening ........ 5 per Cent. Navy Ann shut HIGH WATER AT LONDO 51.9rning, 21 minutes after .6. BRIDGEIrO-310R 1101 1 . : I Evening, 44 minutes after. THE BUTT• SOLEN QUIS DICERS LONDON, FRIDAY, DECEMBER 14, 189.1. We have received the French - Papers Of TO' he day, 'Madrid Journals to the 29th alt. (seel tI Fourth Page), and aFlanders Mail, from NO it we give Extracts in OUT preceding Cotuning. r A very importnt article will' be found un' ' the head of Antwerp. 'lt states, that at the Ni t parture of the last Courier 'which arrived in ti,' town: from llamburgh, a report was in circti lr tion at the latter place, that a 'very 'W OO"' ' 4 T COMMUNICATION had been made BY A GO . NORTHERN POWER TO THE COURTS OF .. C (l.. . • it PENHAGEN AND STOCkHOLM, in o rder, . _ is said, TO FORM A MARITIME CONFO Sr , ATION OF THE THREE PowEits.—T h e ar ty' cle adds, that the greatest activity pre ,in the dock-yards of Holland, and that tile c° Government was exerting' 'every effort' - to 1) 1.3 it its Navy in a respectable . condition; Whence • oe may be inferred that this activity is not une, nected with the negociationS in the North. , 'SIr Another Proclamation - has been issuectlTY. -- - 7 THOMAS MAITLAND, the Lord 'High Corno ) e sioner of the lonian Islands adverting to" og late disturbances in those Islands and rene w . ce his ordinances and regulations for the observa, of the strictest neutrality between the 11 and Greeks and theirm - utual allies. It p.r9b i to bits the entry.of any ship of_ war belengog. either of the belligerent parties into the lo nia ports :a measure which had it been resorte., rt when the.neutrality was first proclaimed,. # have.prevented the recent insurrectional mw ments in those Islands. THE PUBLIC EMBARRASSMENTS. sn" - t have, in our Paper of to-morrow, an import°, notice by Mr. JOSEPH PINSENT, a Political't nomist, who, though he has not yet, Per" P r risen 'into celebrity, because his views a re o ie posed to'some of the prevailing and fashion° entitled to but erroneous, theories, is certainly rip the attention of - the country, and pa rtic A lfl lo- under existing. circumstances, of the Landc terest. Mr. PINSENT -Proposes , to '116 14 ' a ' VI)