The Sun. — London, England, 1832-07-07 00:00:00

SPIRIT OF THE , PUBLIC JOURNALS. Mr. Stanley's speech on Thursday evening; introductory of his plans of tithe legislation for' Ireland, was not deficient in that sort of ability which has usually " got men on" as show-politi cians in this country. It was a good ParliamenJ tary speech. But it resembled certain country gentleman Acts of Parliament, scores of which are, or at least were, to be found upon the sta tute-book, in two unfortunate particulars. First, the preamble was not borne out by the enact ments ; secondly, the enactments (with few ex ceptions) could never by any conceivable devices be enforced. Tie Right Hon. Gentleman set out with alleging a series of considerations, *llia urged him, as he said, to press forward he subject at this late period of the session, rather than leave it to a reformed Parliament and to another year. Those considerations, as re ported, were, " the condition of the established clergy" (many of whom, indeed, are starving), " the disorganization of society," and the "help lessness of the existing law" for the maintenance of order. These evils appeared to the Irish Se cretary to constitute an emergency so imminent and so awful, as to compel him to apologize to the House for hurrying on his remedial measures. In his enumeration of evils, however, he omitted or but slightly touched on one important cir cumstance—namely, that the tithe system, upon which he was about to legislate so largely, did no longer exist. With regard to Mr. Stanley's remedies, what are they ? He will have the Tithe Composition Act made compulsory and permanent. Good. He will thus extend to the whsle of Ireland, and under certain forms and titles, will in a manner perpetuate, a law which has already been acted upon in more than half of Ireland ; and with what effect ? Why, that compositions have been regularly signed and sealed, and yet not a shilling of tithe has, for the last twelve months, been extracted from the pa rishioners so compounding, by the clergy, who are left to starve. If there be no real virtue in the Composition Act, operating throughout 1,200 parishes, and if, under its provisions, the incumbents are unable to obtain their income, by what miracle can the same imbecile machinery be indued with vigour enough to secure the tithe of 1,800 parishes? The Composition Act was, in its day, a specimen of enlarged legislation. Its ori ginal framer, Lord Wellesley, designed it to be compulsory ; but the journeyman spirit of Messrs. Goulburn and Peel deprived it of that,—its most upright and valuable charac teristic,—and clogged it with conditions so partial to the interests of the clergy, that it could not offer an effectual check to the growing mur murs among a Catholic people, against the principle of paying tithe under any modification to an alien Church. What cure, then, has the Right Honourable Gentleman recommended for this pressing—this emergent Mischief—the actual non-payment of tithe under the Composi tion Act, and consequent destitution of the clergy ? Why he says, " Let us extend the same Composition Act," and thus genera lise the clerical starvation. With all due de ference to Mr. Stanley's judgment, we really think that he need not have been in this mortal haste to administer such a nostrum, which will not alleviate one single particle of the misery which he assigns as his immediate motive for suggesting it. We have never ceased to urge, that a tax on land, to be paid by the land lord, would be the best description of perma nent fund out of which to pay the clergy of the three denominations in Ireland, as likewise t o provide for the poor. Great difficulties would, no doubt, present themselves to the immediate adjustment of such a tax to land leased out already ; but what are such difficulties compared with that of attempting the enforcement of tithe from the occupiers, expressly and exclusively for the service of a church, to the support of which they have one and all resolved that it would be wicked in them directly to contribute ? Accord ing to Mr. Stanley himself, the evil is actual and present,—viz. the beggared state of the es tablished clergy, and for this evil he tenders a mockery by way of relief—the enlargement of a law which no legal power can execute. Mr. Stanley himself admits that with the amount of revenue hitherto enjoyed by the church, he does not design to meddle through the operation of the measures now developed. We tell him, then, that on such an admission his whole pro ject stands self-condemned, inasmuch as any new scheme for confirming to the church the immense and unjustifiable income which she has heretofore appropriated, must, if effectual as an instrument of legal torture, tend still more to spread that " disorganization of society," of which the Right Hon. Gentleman complains, while, if inefficacious, it will but add contempt for legislative authority,—to hatred of its objects. The second Bill proposed by the Right Hon. Gentleman demonstrates how airy and unsubstantial is the whole fabric of his Irish po licy. To be sure, after fancying that a parch ment composition act would be more successful, if spread over the whole surface of the country, than if applied to about two-thirds, with respect to which it has proved a lamentable failure, one can hardly be surprised at a second conundrum of the Irish Secretary, whereby he takes for granted that he may allure the tithe-abhorring community in Munster to his net. Mr. Stanley proposes, and makes it the subject of a distinct and solemn Bill, that the Bishop and beneficed clergy of each diocese shall form a corporation, into whose hands are henceforth to be paid the tithes of each parish in that diocese, by whom they are to be distributed among the parochial clergy, on the principle, in each instance, of quantum meruit, no doubt. But how, if the people will not pay more tithe to the right rev. corporations than they have done to the indi vidual incumbents ? Will there be any thing so irresistibly seductive in the body corporate as to overcome, in favour of its stewardship, the uni versal repugnance to the name and obligation of tithe ? If the law be powerless on behalf of the rector, will it be invincible for the Bishop and his colleagues ? We wish that Mr. Stanley would look more at things and less at shadows. The bulk of the people of Ireland, Protestant, Catholic, and Presbyterian, will not pay tithe to rectors, vicars, or ecclesias tical corporations. It is useless to imagine it. Nor will the people of Ireland,- whether tenants or landlord, consent to pay money under any denomination, whether tithe, or tax, or rate, of the same amount as they hitherto have contri buted, to the exclusive service of the Established Church. Not only must the " tithe" be anni hilated, but the substitute for it must be other wise, and more comprehensively bestowed. Both these points appear to have escaped Mr. Stanley, who attempts to make the abolition of tithe pro spective, while the nation have already abolished it, and who affords no prospect whatever of a reduction, by law at least, in the sum total of those emoluments, which, no matter whence de rived, have in years past gone to the benefit of the established clergy. They will have the cork ruptions of the church pulled down. Judging from the complexion of the debate on Thursday, it appears to us that Ministers may yet be under the necessity of sacrificing these inefficient and obnoxious measures to the prevailing sense of Parliament. Mr. Carew, Member for the county of Wexford, made an impression upon the I louse by the force with which he, the stanch supporter of Lord Grey's Government, denounced the in competency of Mr. Stanley's Rills; and Mr. Sheil's powerful and striking speech left them not a leg to stand tipon.—Times. The Chancellor of the Exchequer stated last in answer to a question from Mr. Alder man Wood, that the Commander-in-Chief is about to institute a Court of Inquiry into the circumstances of the Court-martial on Somer ville, of the Scotch Greys ; and he added, that he could assure his Hon. Friend that that Court of Inquiry would be so constituted, and the proceedings, he hoped, so conducted, as to give satisfaction to the public. Indeed it hardly seems possible, with the best disposition in the world to do so to involve so very simple a trans action in any difficulty. The facts of the case are few. Somerville was sentenced to receive two hundred lashes, and actually received one hundred. He was tried nominally for the mili tary offence of refusing to re-mount an unbroken horse, from which he, a recruit, had been already thrown, but the real offence was writing a letter to a newsparer. Were there no proof of this in the conversation held with him by Major Wynd ham before the trial, and in the address to the regiment when the punishment was about to be inflicted, it would he found in the obvious dis proportion between the offence and the punish ment. The frets are in a nutshell. A consi derable space has now elapsed since the case was first noticed. The Scotch Greys is an aris tocratic regiment. If there had been any misrepre sentation, scores of mouths would have been opened in twenty-four hours after the first men tion of the affair in the House of Commons, re pelling indignantly, on the part of the officers, the idea that they could have either entrapped him into a military offence, for the sake of pu nishing him for what was no military offence, or have sentenced a man to 200 lashes for what could hardly be called even a military offence. We, therefore entertain no doubt that the facts will turn out to be what they have been represented. We apprehend the officers of the regiment will, ' in either case, find themselves in what is called, in homely language, a cleft stick. If it should be proved that Somerville was not, under colour of a pretended military offence, punished for what was no military offence, then the whole nation will indignantly ask, what sort of a Court that is which could think of sentencing a human being to 200 lashes on the back with a cat-o% nine-tails, for the venial offence of refusing to mount an unbroken horse, from which he, a re cruit of four months, had already been thrown, and on which it was wished to mount him merely to place him in the dilemma of being either again thrown, or, in case of refusal, sub jected to punishment ? It is not surprising that this case has produced a strong sensation among the humblerclasses throughout thecountry. We have seen accounts of subscriptions for Somerville in many of the provincial Papers. In Cobbett's Regist e r of this day the following is given as an extract from the Kilmarnock Chronicle and Ayrshire Advertiser, of the 26th June : -66 We are happy to state that a penny subscription was commenced in this town on Friday last, for the purpose of assisting in the purchase of the discharge of that noble of nature,' Somerville. The collectors of this patriotic and philanthropic fund have been met almost everywhere with the most cordial reception, and have had sixpences, shil lings, and half-crowns offered them ; but as it was de termined not to go beyond a penny from each individual, they confined themselves to this rule. We understand that there are now upwards of six hundred names got, and the subscription is still going on. It was remarked by some that it should first be ascertained whether Somer ville wishes to get rid of his military life, but this we conceive to be of little importance en the present occasion. One great object is to give the public an opportunity of expressing their sentiments on military flogging in general, and on the lamentable case of Somerville in particular ; and this, we think, could not be morn decisively done than by the present method. The subscription must be to his pecuniary benefit in some shape or other, and the mo rale of the thing will be more effective than a hundred speeches in Parliament against flogging. We hope other places in Scotland will follow our example, and infuse con solation into the mind of the patriot, while they send shame and confusion into those of his oppressors." The army forms too large a portion of our population to be consigned wantonly to men who evince so little compassion for their fellow creatures, as to inflict 200 lashes for refusing to mount an unbroken horse. Military discipline is necessary; but brutality is not necessary either in the army or anywhere else. Mr. flume said, after what had fallen from the Noble Lord (Althorp), he would withdraw his motion on the subject for next Tuesday. Sir J. C. Hob house, in moving that the petition relative to the Court-martial be printed, said he co►i sidered it important that every publicity should he given to the case. It would appear, from what fell from the Secretary at War, that an order is about to be expedited for the discharge of So merville.—Morning Chronicle. The non-attendance of Members of Parlia ment to perform its ordinary duties inflicts a serious evil upon the country, and reflects no credit upon those who thus allow themselves to violate the most solemn engagements. We know of no worse sign of the times than that vanity on the one hand and indifference on the other which prompts men to embark in dtvies which they have not the honesty or patriotism to perform. A correct judgment would teach a man, that so far from deriving any distinction from, he is, on the contrary, rather disgraced by the possession of an office in which he is use less himself, yet precludes others from being useful. To lounge at clubs and frank letters may be a very am us i ng way o f pass i ng one ' s time ; but if it turns out t o b e a wa y i n w hi c h a large proportion of British senators pass their time, no wonder if the affairs of the country fall into decay, which is blessed with such a race of guardians. n e are well aware that there are a great . number oi Members to whom this imputation can no respect attach —many whose official duties occupy no small share of their time—many more whose laborious attendance upon Committees furnish a very sufficient apology for not spending the whole of their nights in the same wearisome oc cupation as that which consumes their days. But Mill these bear no proportion to the far greater number who appear to neglect their Parliamentary attendance altogether, and some of whom appear to consider their gratuitous promises at the hustings like lovers' vows, made only to be broken. We trust to see this evil cured in a Reformed Parliament, either by the good sense and patriotism of the Members themselves, or by some compulsory arrangement. Any thing of the latter description may sound exceedingly un courteous in " the ears polite" of the dandy representatives of schedule A; but when pe rsons are no longer sent to Parliament to represent stocks and stones, but to look to the interests of a new and inquiring constituency, they will, we we trust, either. themselves see the necessity of fulfilling voluntarily ar►d zealously the task they have undertaken, or will frame means of dis countenance their own blackslidings.—illorning Herald. Though the details are often tiresome and dis gusting, there are few topics of a domestic nature in which the public in general are more interested !Ilan in the proceedings at Police Offices; nor can the Press be better employed than in wa'ching narrowly, but, at the same time, with liberality and fairness, the way in which povvers which exist, and others which are assumed, are exercised by a class of persons who deal so largely with the liberty of the subject as the ma gistrates of the metropolis. Every now and then a new vagary seizes one or more of these gentle. men, who to the " glorious uncertainty of the law" add the inglorious want of uniformity in the practice of it. As a specimen of this, a dic tum has lately been announced from one or more of the Police Offices, stating that the King's subjects are not entitled to avail themselves of professional assistance before a magistrate—than which nothing can to our minds be more unjust and absurd. If laws were really so clear to every moderate capacity that those who run might read, then, perhaps, there might be sonie sense in requiring every man to understand them, and to insist upon his being his own counsellor or attorney, as the case might be ; but when we know that the i\lagistrates themselves often cannot construe Acts of Parlia ment without the assistance of their clerks—and that, even then they are sometimes guilty of the grossest blunders—to tell unlettered men that they shall flounder in the meshes of the law without any means of extrication, is a species of refined and ingenious cruelty more worthy of Turkish than of British justice. In the higher Courts we hear it continually urged that a man must appear by attorney, and that even the commonest motion must be made by Coun sel. While Lord Mansfield's celebrated dic tum, that " the man who is his own Counsel has a fool for his client," is constantly quoted upon those who venture to plead their own cause, is it to be borne that in these minor Courts, where the judge is less equal to his duty, and the client in general less able to de fend himself, the latter shall be debarred the privilege, which belongs to him every where else, of seeking for, and obtaining, that assist ance which may enable him to cope with the " glorious uncertainty" in which he is involved? It would be as reasonable almost to tell a drown ing man that no boat shall put off to his assist ance, or a sick man that no medical aid shall he have. Indeed, so preposterous is the idea, that it seems almost to justify Lord Milton's doctrine of individual resistance ; and, if persisted in, we trust that some person will be found with the courage and the means to resist it to the last, by carrying it, if necessary, as a constitutional ques tion, before the highest tribunal of the State.— Morning Herald. In the present deplorable state of Ireland, whatever plan may be proposed holding out a reasonable prospect of reconciling existing feuds, without material prejudice to the rights or inte rests of any party, ought to be met with the most favourable consideration, and Mr. Stanley's Bills for the adjustment of the tithe system, — that fruitful source of agitation and discontent, may fairly, we think, be so characterized. It appears to us to be a safe, temperate, and equi table measure, and as such it will, we have little doubt, receive the ultimate sanction and appro val of all who honestly desire to see a remedy applied to the distractions of unhappy Ireland. Mr. Stanley proposes to introduce three distinct Bills on the subject. By the first, the tithe composition, which by universal consent has been attended with the most beneficial effects wherever it has been adopted, will be made compulsory and permanent, subject only to variation with the price of agricul tural produce, aid, will become charge able on the landlord. The second Bill provides for the establishment in each diocese of an Ec clesiastical Corporation, formed of the Bishop and clergy, for the purpose of collecting the tithe, and dividing it in the proportions to which each individual is entitled ; or, in the event of the tithe being redeemed by the landlord, to em ploy the sum in the purchase of estates, the rents of which will be applied in the same manner. The third Bill offers to landlords the means of redeeming the tithe on easy and favourable terms. We trust that each of the three classes affected by the measure will see reason to be satisfied with its provisions. With regard to the occupier of the land, it will relieve him from all those petty vexations to which the collection of the tithe in minutely small sums has hitherto subjected him, and which has always been put forward as the main grievance he has to complain of. This class of persons must be fully aware, notwithstanding the efforts made to deceive them, that were tithes utterly annihilated no benefit whatever would accrue to them. They can have no in terest in the commission of a flagrant outrage on property from which they would derive no ad vantage. If tithes were extinguished their rents would be proportionally raised. Under the pro posed system their rents will probably be raised by the landlord in consideration of the charge transferred to him, and from which they are re lieved ; but no injustice will be done either to themselves or to the clergyman, while, in the other case, gross injustice would be done to both. To the landlord this measure is more than just ; it is partial. The charge imposed upon him can be no just ground of complaint, since he will only pay as tithe the increased rent he will draw from his tenants ; and the terms at which he will be allowed to redeem the charge are decidedly advantageous and profit a bl e . W e now come to the consideration of the third party, the Protestant clergy. Mr. Stanley's Bill does not secure to them all th a t i s str i ct l y and of right theirs. They will nominally sur render, it appears, about fifteen per cent. of their just dues (we say nominally, because the fatal extent to which the Popish conspiracy has been suffered to proceed actually despoils them at the present moment of their entire income, and ren ders the law a dead letter) ; but in return for this surrender there is secured to them what they will probably, under such circumstance, accept as an equivalent, viz., a fixed, certain, and per manentprovision. I n place, too, o f d raw i ng an uncertain livelihood amidst never ceasing litiga tion and disorder, they will have the heartfelt gratification of being enabled to withdraw them selves from those scenes of vexation and dissen sion which were always repugnant to their feel ings, and in which they never willingly engaged. We heartily trust that this judicious and, we are sure, well-intentioned attempt to restore peace to Ireland will obtain a fair hearing and trial, despite the blind and headlong opposition to chat o u n faction tr. —M worhning which isP otshte curse of the Sister Country.—Morning . COURT OF KING'S BENCH, JULY 6. KtNNEAR AND ANOTHER V. 13 iRRADAILE AND OTHERS. The plaintiffs in this action are the representa tives of the late Mr. Kinnear, and the defendants are Directors of the Rock Insurance Company. It was to recover 2,0001., the amount of a policy eff eted on the life of Mr. Kinnear with that Cam irate ; and the defeudants le fused to pay it on the greund of AL - . Kinnear having committed suicide, tied that, therefore, by the stipulations of the policy, t'ley were not liable. Sir J. SCARLETT, for the defendants, stated the circumstances. Mr. Kinnear was, at the time of his death, a partner in a Scotch banking-house. was a man of great literary talents and of large for tune. His widow, who was one of the plaintiffs, NVIIS also affluent. The bank, of which Mr. K. was a member, was at the time the circumstances oc curred, transacting a large business, and had entered into speculations which eventually obliged the part ners to contribute largely from their private re sources. At the time of his death he was a mem ber of the Atheemain Club, and frequently dined there. Before his death, he was in the habit of in vesting large sums for his correspondents, in his own name foreign funds. In particular he had, through Mr. Rothschild, invested a large sum for Sir M. W. Ridley's batik at Newcastle in the French funds in his own name. That occurred soon after the late French Revolution, when the French Funds were fluctuating, and had then recently undergone a considerable depreciation. On the day before his death Mr. K. was expecting certain documents from Mr. Rothschild at Paris connected with the trans action in the Paris rentes with Sir Mathew White Ridley's money, but they had not arrived. There was subseyiently found in a safe at the de ceased's counting-house, dephsited with securities of Sir M. W. Ridley,a letter addressed by the decea-ed to Mr. Rothschild, informing him that the money he had recently invested in the renter was the pre perry of Sir M.W. Ridley, and that be (Mr. Roth child) was to deliver the documents connected therewith to Sir M., or his order, " in case of his (Mr. Kinnear's) absence." This letter was never sent to Mr. Rothschild, but deposited in the safe with the papers, as before stated. It was dated on the day before the death of Mr. Kinnear. This, the Learned Counsel said, was a circumstance which was considered as indicating that the letter was written while the deceased premeditated suicide, as lie could in no other manner have enabled Sir M. W. Ridley's bank to claim the amount invested in the Paris funds. He then stated the means Mr. Kinnear adopted to cause his death, and said that they were so strongly indicative of the deceased having poisoned himself, that a Coroner's Inquest sat on the body, at which, however, the Jury re turned a verdict of, " Died by the Visitation of God." The medical report made at the time of the inquest, was subsequently declared by the medical men 'themselves to have been founded 014 a false judgment. The Learned Counsel then said, that the deceased was at the time of his death only 35 years of age, in good health, and a man of most temperate habits. Mr. R ihert Logan, examined by Mr. RICHARDS —Was one of the partners in Mr. Kinnear's bank ; Mr. Campbell was the other partner. He (Mr. Campbell) was abroad at the time of Mr. K.'s death. Witness never heard that the deceased had transac ions in the foreign funds. The banking ' house, in which the deceased was partner, had some transactions in the foreign funds. They were not to a large amount. Mr. Kinnear was debtor to the house for 9,0001. which he had taken out as a loan. Witness could not tell the amount of foreign securities held by them at the time of Mr. Kin near's death—could not tell within 100,000/. Mr. Kinnear's capital in the business was considerable. His estate was not now indebted to the house. He drew out part of his capital. Mr. Kinnear's widow had paid between 3,0001. and 4,0001. on a claim made against her husband's estate by the house. Witness saw Mr. K. at the counting-house on the evening before his death, at between five and six. He then appeared in good health. His habits were regular. His age was between 35 and 40 years. Thomas Thompson, servant of the late Mr. Kin near, was next examined—Had lived two years with the family. Mr. Kinnear lived at No. 8, Cornwall terrace about two months before his death. Mr. Kinnear did not go to Brighton on the Saturday be fore his death. Witness slept under the parlour. On awaking, about twelve o'clock, witness heard a footstep. Witness got up and saw Mr. Kinnear coming from the drawing-room and going up stairs. He had nothing on but his shirt, and was without a light. Witness bad a candle. Mr. Kinnear asked witness how he was out so late. Witness replied that he had not been out, but had heard a noise. Mr. Kinnear told witness to come up and see. Wit ness followed him up stairs. Mr. Kinnear was in bed when witness got into his room. Witness said, "Are you asleep, Sir?" He made no answer. Next morning witness got up about six o'clock. Mr. Kinnear's bell rang at about five minutes past nine. Witness took up hot water, which he put at the bed-room door, at which he knocked. Went up again about ten. The door was fastened on the in side. One of the workmen then got a ladder and placed it against the window. Witness went up the ladder into the room, and opened the door to let in Mr. Trotter. Witness saw Mr. Kinnear on the ; his face was very white. There was no stain on his pillow, nor was there any thing issuing from his mouth. He looked like a corpse. Several of the workmen deposed to the fact of having heard a moaning in Mr. Kinneat's room on the morning his death happened, and to having seen him dead OH entering the bed-room by the window. Mr. Lovegrove, the apothecary who was called in, was of opinion that Mr. Kinnear's death had been occasioned by the rupture of a blood-vessel in the stomach. Messrs. Aston Key, Taylor, and Green, were examined, and were of opinion that Mr. Kinnear's death was occasioned by poison ; thu y came to this conclusion from the appearance described by other witnesses. Mr. Wetenhall, a stock-broker, deposed to there having been considerable fluctuations in the Fratch, Funds between the months of July and Oct. 1830. Mr. CAMPBELL, who appeared for the plaintiffs, commenced his address to the Jury; but before lie had concluded his observations he was stopped by Tile Jury expressing themselves satisfied, and they immediately returned a verdict for the plaintiffs. V) Twamlev; my sister and I lived with my mother in the prison: r', hou=e; the f‘iriiiture vas my mother's, and she had it insured in the Phoenix Office at Charing-cross for many years ; my mother never authorized the prisoner to insure hvr property. The witness, as soon as her exam'nation had con cluded, became dreadfully agitated ; and as she ;raised the dock, she regarded the prisoner for a moment as if with horror, and then raised her hands as if she were about to seize him. She, however, avole no such attempt; but the occurronce produced a visible sensation throughout the Court for tht moment. Henry Field said—l am clerk to the solicitor of the prisoner's landlord, and in March last applied to the prisoner for 40/. due for rent; I subsequently put in a distress, and received 201. ; I told the prisoner, on the Ssturday before the fire, that I could give him no longer time. Mr. Hugh Oxenham said—l am a broker; the prisoner's property, in March last, when seized for rent, war not worth 100/.; the fittings-up might have cost 2001. The deaths of Miss Twamley and the hoy Fiango, in consequence of injuries by fire, having been proved, The prisoner called witnesses, who proved that he had been in negotiation for the letting of his shop and parlour—that his furniture was pretty good, and that the burns in his face had not been caused by any explosion of gunpowder. Several respectable witnesses were also called, who gave him a most excellent character for general good conduct, sobriety, humanity, &e. At eleven o'clock at night Mr. Justice GASELEE commenced summing up the evidence, and concluded at half-past two o'clock, making the period of his charge full three hours and a half. The Jury retired, and after an absence of half an hour, returned into Court with a verdict of Guilty. —Death. The Learned Judge and the Recorder remained to receive the verdict, and on its being delivered, the Recorder immediately pronounced the usual sentence, that the prisoner he hanged on nuiday next, and his body delivered to the surgeons for dissection. The prisoner heard the sentence with much ap parent composure, and gathered up his papers with the air of a man of business who had been engaged in an affair of ordinary importance. During the progress of the trial, however, he frequently shed tears, and, as he was about to be removed from the dock, attempted to address the Court. The officers took him by the arm, and prevented all expressions of feeling by hurrying him to his cell. The Court was crowded to excess up to the termination of tile trial, at three o'clock in the morning. COMMISSION OF LUNACY. (Continuer) from The Sun of yesterday.) MISS BAGSTER'S CASE. George Woodfall, Eqg , deposed to being one of the executors of Alderman Cro , :der, whom he knew 50 years—the family between 15 and 20 years. In November last Miss Bagster came of age ; has had a great deal of opportunity of ascertaining the state of Miss Bagster's mind; he considered Miss Bag ster to be weak and imbecile; up to the period of her coming of age the money for her maintenance was paid to Mrs. Bagster; upon that occasion wit ness, in concert with Alderman Kelly and the other trustee, had some consultation respecting the pro priety of paying Miss Bagster her allowance; he felt himself placed in a difficulty ; on the subject nothing was done, out of delicacy to Mrs. Bagster; we paid to Miss Bagster two or three payments since she came of age ; there is no doubt that Miss Bagster is not fit either to take care ,of herself or her property; she was always treated as a child of eight or nine years of age.. Mr. Gore paid the money !o Miss Bagster, whose receipt was taken for it. He and the other executors felt that in paying this mo ney to Miss Bagster they were taking a great re sronsibility on themselves, and subjecting themselves to great liability by acting in this way. Captain Kelly was then called, but before he gave his evidence the ladies were requested to leave the Court. He stated, that on Thursday last he dined with Alderman Kelly; after dinner the Al derman went into his counting-house, leaving Miss Bagster, Miss Clayton, am' himself in the room. Miss Clayton withdrew for a few minutes, and Miss Bagster then drew towards him, and without any hesitation or embarrassment, related to him the par ticulars of the familiarities that had passed between her and Mr. Newton, but in such gross terms that it is impossible we can publish them. She added, that she was determined not to die an old maid. He asked her if she preferred any other person, and she aid yes, and pointed to a portrait of Alderman Kelly. He knew very little of Miss Bagster before that time; he considered she had little or no intel lectual faculties whatever, and therefore unable to take care of herself. On cross-examination, he said that he continued to the present time, to visit at Alderman Kelly's house. Mr. Thomas Richards said, one day last week, when witness was dining at Alderman Kelly's Mrs. Bagver came into the roome and sat beside witness; after she had sat there a short time, Miss Bagster took up some fruit knives and forks, and threw them at her mother. Witness said to her, "0, my dear, what would anybody say if they were to come in now," and she immediately slapped his face. He said, " What did you do that for ?" and she said, " I am verry sorry for it, I did not mean to do it, my dear ; I did not hurt you." It was rather a smart blow, and evidently given in anger. Her con versation is principally upon dress and sweethearts; and naming Mr. Smith, Mr. Jupp, Mr. Perfec', Mr. Howell, and others, she has expressed her wis'i to marry them. Since her return from Gretna she has spoken of sweethearts as before, and said she should like to marry Alderman Kelly, because had bags of money; this was not spoken as a joke, but in the childish manner she was in the habit of talking; she also said that she expected to be Lady Mayoress. Mr. Launcelot Bathurst gave his opinion that Miss Bagster was of unsound mind. Mr. T. N. C. Perfect, a surgeon at Hammer smith, had known Miss Bagster since 1812, and considered her to be in a state of insanity founded upon idiotcy. The inquiry was then adjourned till this morning at ten o'clock. SHEEP SKINS. Short Wool Os. Od. to Os. Od. I Lambs Is. Od. to 24.2 d. Shearlings,.—..... Os. Od. to Os. Sd. OLD BAILEY SESSIONS. TRIAL OF SMITHERS, FOR MURDER. (Concluded from The Sun of yesterday.) Samuel Davis, a lodger in the house, came home at half•past eleven on Sunday night; prisoner let him in, and at witness's request, gave him a light to go to the water-closet; Mr. Davis said, " The pri soner bid me be careful of the light, as there were shavings about, he having cleared out the vault for holding veneers and other descriptions of wood, his workshop being too hot for them ;" I remarked •hat that was very odd, as the drier cabinet-makers' wood was, the better; when I was in the water closet the prisoner begged that I would hurry, as he wanted to go there himself; he did not go there, however, but followed me up stairs. William Monk, a fireman, deposed to examining, the premises. He found a turpentine bottlt lying on the kitchen floor; in the back vault he saw .1 piece of board about two feet long, which ap• nettled as if there had been a fire laid upon it ; part :if the wood had been burned, some of the boards of the bulk heads of the wood hail been burned. Mr. Abraham, surveyor of the County Fire Office, described the state in which he found the vaults and kitchen. A fire had evidently been lighted or. the block of wood fouiid near the coal birm, and the ends of some sticks extending into the coals ap peared as if they had been on f r. :re. On a bench I i'aund some paper on which gunpowder had bee r ' exploded, and near i t were about a handful of shay iugs, a card, and some particles of gunpowder. Miss Cathe r i ne T tvarnley—l am sister t o the late MARKET INTELLIGENCE. LONDON MARKETS. (From the London New Price Current of yesterday.) SUGAR.—Tbe demand for West India Muscovades this week has been less animated. Tile Market this afternoon dosed excessively heavy, indeed it has been in a languid state all the week ; the total sales do not exceed 2,500 hhds. and tre., yet the prices of brown must be quoted Is. higher than on this day week ; few parcels of brown now offer under 525. The Refined Market has been languid and declining, notwithstanding the firmness of the raw Market. The Refined Market this afternoon con tinued in a depressed state, on account of the unfavoura ble reports from Hamhro' ; ord. Lumbs 645. 6d. a 655. ; fine crashed 335. and 335. 6d. EAST INDIA SUGARS.—Manilla Sugars good request ; some Siam sold at very full prices.l for former p rices , except the day's sies 2,307 bag prices. 8 000 bags Mauritius a 52 and up bagsto 565. for continue n a t t i n u i e. n rs This days public sates 2,758 Mauri suAglaArsuabiaTvwes soSludaAstßeasd.-ilt I:touftorm, strong grey. former prices ;browns 51s Mauri tius sold steadily at• up to 655. brown, which went o s ff I:snipers:Ns::: sol d higher, still in SUGARS.—About 500 boxes fine white Ha • FOREIGN vannah have been sold at 385., and 700 boxes were with drawn from public sale, 38s. a 390. ; 1,300 boxes damaged g 6 r d e . at for re g q o u ed est y ; ei b io ro sv w . brown 5,15. white sold 295. a 335. 6d., very low 26. , a 28s. 61. ; the Havanna!' Sugars may he stated to be 21. above any pre v i o us prices realized, the demands of th e holders bei n g - at Brazil Sugars th e re. ire submitted to by the buyers ;in ire few sales ; a few mid. and good white ft , o 295. a 30s. 6d. ; Brown Babia 245., grey and good white 255. a 295. COFFEE.—The Coffee sales tY 3 week Lave gone on PRICE OF TALLOW, SOAP, &c. per 1121 b. Town Tallow 41s. Od. Yellow 60s. Od. Yellow Russia- _ 43s. Od. Mottled , 725. Od. White 425. 6d. White _ 745. Od. Soap Ditto 41s. 6d. Graves 14s. Od. Melted Stuff . 345. Od. Good Graves ss. Od. Ditto 225. Od. PRICE OF RAW FAT, per stone ot 81b. Price of Tallow (as stated by the Tallow Melters).--......25. sd. ve,y steadily, and the former prices are supported. In th e ',Walk sales thin week 2,390 hags East India, of which :haat 2,000 bags ord. Ceylon sold 58s. 6 , 1. a 593., Laing 1-. higher ; the other purchases were ord. Samarang 6 , 1. and 565. ; good ord. Batavia 60s. and 60n.61, !;.00 , 1 61s. a 625., and yellow Cheriban 625. 6d. a 63n. ; ord. to good ord. Brazil sell 60s. a 62s ; St. Donative 61s. 6d. The British Plantation descriptions go lily ; fine mid. of a favourite mark sold 955. 6d. a 95a. ; the mid. sold low in proportion, 84s. a 88s. ; therm!. eery high in proportion to mid., triage to good ord. 70s: a his. about 600 casks sold ; a few Dominica sold 13. a 2n. higher than the late prices; good mid. Berbice sold at 9 tn. ; generally, the Coffee Market looks very firm. The stock of Foreign and East India are now 41,000 bags less hate last year, notwithstanding the imports this year have been 8,000 more th in 1831. Thin day's public sales 4.1:38 bags East India and 416 bales Mocha ; the ord. descriptions are again Is. higher, making a rise of 2s. since this day week. The Ceylon to-day 59n. 6a. and 61s. ; Sumwra 565. 6d. a 595. ; Batavia 61s. a 635. ; Mocha at former prices. 114 casks British Plantation at full Market prices. Rust, BRANDY, and llottarrns.-The unexrectel tie. claration of a Government contract this day for 100,000 eallons of Rum has produced some sensation in the mar ket ; there are no sellers at former prices, but the effacts of the decl 'ration cannot be stated, as it transpired at too late an Incur; previously pro& Leewards were firm at Is. 7d., 5 over Is. 814., but the great demand this week has been for Jamaica Rum, particularly for the parcels 30 to 34 over, which have b..en sold extensively at 2s. 10d. a 35., the latter is now the prise; there are scarcely any parcels of Jamaica on sale under 2s. 6d., but in the usual propor tion 12 to 14 over would be quoted about 2.. 4d. ; Ja maica Rums I ttely have advanced 3d. to 4d. per gallon. In Brandy or Geneva there is no new feature. TALLOW.—The Market is 6d. per cwt. higher, and firm ; the rumrurs of differences with Russia attract the attention of the Baltic merclsant9. TEA.—The transactions in the Market are extremely limitt.d in B she,q, Congous, Twankays, and Hysons. COTTON.-There is some revival in the demand for Cot ton ; the sales this week are more considerable than usual ; th , i Market prices ate very firm. The purchases coneistof 1,700 Surats, ord. to good fair 41-I. a 4dB. ; 400 Madras, good fair a 41d. ; 1,000 Pernams, f a i r 811. a 9d. ; 230 Bowed, mir'. to good sid. a 60 ; 1,000 Egyptian, good fair 7id. a 71d. This day's public sale 862 bales Surats sold with briskness at full prices, 411. a 44 , 1. for good and fine ord. SA LTPET RE. —The rumours of a musunderatanding with Russia, and the special mission to Petersburgh have at tracted attentisu to Saltpetre ; large purchases are re ported from 30,.. upwards. Saltpetre is again higher to. d ,y; the small sales went off freely, and good quality must now he sated from 30a. a 30.. 64. Str.x.—Prices remain very steady, but the transactions in Silk hive been on a very limited scale since the sale. RICE. —There is little alteration in Rice; no cargo Rice offer under I Is. This day's public sale 631 bags Bengal, good white 15., former prices. . . PEPPER.. —This day's public sales, 1,499 bp, sold lower, 3d. and 3id. INDfoo.—The Indigo Market is heavy on account of the large declarations of sale, and further large arrivals. TOBACCO.—In Tobacco no alteration. Cocoa.—Trinidad Cocoa, at this day's sale went 48.. a 505., very high prices. PIMENTO.-Pimento is rather higher; mid. sold at 6d., and for fine 64d. is refused. PRICE OF SUGAR. The Average Price of Brown or Muscovado Sugar, computed from the Returns made in the week ending the 3d day of June, 1132, is 28s. 4d. per Hundred Weight, exclusive of the Duties of Customs paid or payable thereon on the Importation thereof into Great Britain. PRICES OF HOPS.—July 6. 4i 15i. 51. si. to 4/. 10s. 5!. Os. to 4/. 12.5. 5!. Os. to E .I:Thant Ditto, Fine 7l. Os. 101. Os. to Seconds .. 4!. Os. 4!. 10s to 3 1 . 15s. 41. 41. to 01. Os 0/. Os. to Old Duty laid at 160,0001. St.2sex Ditto Kent Fussex Ditto Essex Ditto., 41. 15e. sf. 51. 51. 12e. 01 Oe. 71. oa. 51. si. 4/. 103. 0/. Os. PRICE OF on,. Rape on, brown -m4 Os. - Refined vows. X 34 0 Linseed Oil Linseed Oil Cako at the Mill, per thousand 10 10 Rape Cake, per ton IVII FITCH A PF:I. HAI 1\ AARK ET.—July 5. Hay 60s. Od. to 90s. Od. I t lover.--100: Od. to 130 i. Od. 365. Od. to 42, (Id. PRICE OF POTATOES—JuIy 6. Wp0...00.0. 31. ss. to 3/. 10s• per ton. PRICES OF LEATHER, Per to. d. tot'. Per lb. duos, English 15 9.1 English Horse Hides~ Ditto, 15 181 Spanish Ditto Dressing 12 14 Per dozen. Ditto l7 18 Calf Skins.. 36 to Mb. Di, ti', light Ditto 50 to 701 b. Clop Hides, light 12 131 Ditto 70 to 801 b. Ditto 4li to 451 b. 13i 141 Small Seals, Greenland Ditto— l4l Lage ditto. d. toil. 12 14 14 16 • 15 20 19 23 17 19 18019 f 12 13 KAW HIDES. rer Stone. s. A. to s. ct. Per Stone. a. d. to ;.d. gest Heifers& Steers 2 6 210 Ordinary 1 8 2 0 Middlings, 2 2 2 4 Market Calf 6 U each. PRICE OF The price of Store Candies, in t Candles, per doe. Oki. to Ss. Oki, C 'AL MAR Per Ton s d. Adair's 18 0 lfolywell 17 0 Ord's Itedhugh 16 6 l'ontop Windsor 15 6 1 anti 17 0 Townley... _ . 17 0 Wylam .e. , ..row*nreo.w.roo. 17 3 Wall, End Callerton 17 0 Ditto Bcwicke and C 0... 20 0 Walls End Ciosforth 20 0 Walls End Hotspur.—...... 18 6 Walls End Hilda 19 3 Ditto Killingworth 18 9 Ditto 15 9 Walls End Newinalco,,, 19 0 Ditto Northumberland.. 18 0 Ships arrived since o. Per Tor, s d. Walls End Riddell's 19 9 Walls End iletton 21 0 Walls End Lambton 2l 3 Walls End Stewart's...« 21 0 Walls End Cleveland.... 16 9 Walls End Gordon.—... 19 0 W. E. Musgrave 16 0 Walls End Tees 20 9 Cowpen 18 0 Walls End Elgin 16 0 New Flockton, Milne, and Co. Scremerstone Engine...« 16 tI Walls End Henderson.,.., Id 0 Warde's 19 6 Primrose small 13 0 last market-day, 14. p A NDLES. :he retail shops, is as follows: . Moulds, per dozen_.._.. s. COUNTRY CORN BIARKE:rB DURING THE WEEK. Wheat. I Barley. Oats. Beans. Per Quarter. Ashburn Basingstoke Bath 62 66 56 74 46 ( , 3 54 70 56 60 58 64 64 66 66 70 57 68 56 62 64 66 52 66 48 72 - 62 44 72 56 66 26 35 34) 42 26 29 34 39 22 27 20 25 22 28 22 26 20 23 21 26 24 26 21 28 17 25 20 23 19 26 18 25 20 29 - 23 20 32 21 27 38 42 40 44 38 46 28 36 36 42 36 42 36 3 8 39 43 40 44 86 42 38 48 32 4 34 44 57 38 42 56 tsridgewater —....... Bristol Chesterfield ---. Derby ......«.»,.,M. Deviies 30 33 28 3.4 30 32 30 33 26 38 26 38 28 36 - 38 27 34 30 36 Doncaster It nger ford Newbury ftomsey • Shafte;bury Shepton Mallet Sherburne Yeovil 56 62 56 62 58 72 52 66 s. d. s. d. 90 96 32 34 32 36 - 35 34 43 a. d. 8. d. 54 5 6 20 26 21 24 20 26 --. 20 .. d. :.d. 5o 60 36 42 36 40 se 36 46 s. cl. s. 00 00 Per Bushel. Shrewsbury ...„.... There have been a an d d ay o . nly 11 recoveries . All the bridg es and roads leading to Tuna more are cut up and broken. T bos e men who remain in 2 t 11 1 e 4 town casestoo f b e h u o r y i e the dead Latterly the disease i s not so maligna n t, and a few s h o ps get 9. a day. There have been 214 cas es o f cho l er a, 1 6 5 dea ths, have been re - opened . — L i merick Chronicle. B s v l e ß n ° T r ' . q S n g e h t ier i . n Gro tdh i a n um st. at Keith are, Lady Charlotte Aberdeenshire, the Countess On e i n t g f e l ,; o f a son. on the sth inst WilliamMAJ.AEßu i ni E b D ar . t, F.sq., of Killing,:Coul Dublin, to Carolin e J ane, youngest daughter of Ch etWY Franklin, of Quebec' Esq. On the sth inst. at St. James's Church, Captain Henry Vyn e h . to the Hon. M ary Gertrude, second daughter of Lord Granthao., On the sth in st. at Lyndhurst, Hants, the Rev. Philip Gurd°''_ Rector of Cran worth, third son of T. T. Gurdon, Esq., of ifst, ton, in the county of Norfolk, to Henrietta Laura, Cl"' daughter of John Pulteney, Esq., of Northernwood, Hants. Sc o ot n t, the second4th DIED. On the 6th Inst. in Park-street, the Hon. Wm. Henry John i s n o s n t. o a f t tl i w it Ea ch r a l in o , f W Eli i i l o i l i Bree ma son of the Rev. J. H. Mapleton, aged 17. On the sth inst. at Southampton, after a protracted and pa" full illness Peter Bernard, Esq., aged 67. 'el‘ On the ' 6th inst., after three days' illness, Mr. Fredert Thornhill, of Fish-street-hill, London. On the 3d inst., in the 51st year of her age, Elizabeth, the wif e of Mr. Chase, of Metfield, near Halesworth, Sufiblk. , b, On the 4th inst. in Barrossa-place, Fulham-road, Mrs. JacfP_ A Mapleton, secon d relict of the late Mr. Benjamin Jacob, author of a celebro"; work on National Psalmody, and many years organist of SUIT Chapel. I.A 75. In Drogheda, on Monday, Alderman Charles Evans, ag... Ile was 55 years proprietor of the Drogheda Journal ~ „ ba ld On the 7th ult. at Ballybrach, near Cushendall, Arci” fo ur M.Cambridge, at the patriarchal age of 123 years rand , his months ! The deceased was an industrious man, and, during . ..." ; life, scarcely ever suffered one day's confinement from: sickr l 7l,, his habits were generally tempQrate, but by no means 5° ge stemious as might be inferred b y some peop l e f rom t h eg reat .3 he attained. . _.... PRINTED AND PUBLISHED BY MURDO YOUNG, AT O S SUN OFFICE, 112, STRAND, LONDON.