The Sun. — London, England, 1832-11-07 00:00:00

SPIRIT OF TIT ITBLIC JOURNALS The appointment of Sir Thomas Denman to the exalted station of Chief Justice of the King's Bench is one that cannot fail to be ac ceptable to the Bar, and give general satisfac tion to the country. High office in the profession of the law has been but too often the reward of dereliction of principle and subserviency to power. It had become so much so at one time, that the independence of the Bar was regarded by the public as a legal fiction. There have been periods when the faithful and fearless dis charge of the duties of an advocate to his client was considered a crime, which could only be expiated by such acts of political abasement as argued a sincere repentance of the practice of so inconvenient a virtue. Sir Thomas Denman has risen in despite of th e o b stac l es w hi c h an a d herence to principle and a manly consistency of character oppose to the advancement of.those who seek the rewards of an honourable ambition. His elevation to the head of the common law is there fore not only a great public benefit, but an in structive professional example. The late Chief Justice made his way to eminence and power by labouring as a legal pioneer for the law officers of his day. His talents justified the choice which gave him the chief seat on the Bench, but that choice would not have fallen upon him if he had relied upon his talents and learning alone. At the Bar he was remarkable for that meekness of deportment which never disturbs the repose of authority or encounters the, frowns of power. On the Bench he atoned for his long career of submissiveness by assuming a tone of authority more vehement than dignified, and by endeavouring to reduce the independence of the Bar to the level from which he rose. A greater defect was his habit of invariably leaning to power in questions af fecting the rights and liberties of the subject, although there could not be an abler or fairer Judge for the decision of questions between pri vate individuals. The Press he would, if possible, have bound in chains of iron. He had a sincere and unqualified abhorrence to that freedom of opinion which constitutes the real usefulness of the Press as a political and moral agent. His adroit management in gaining over the acquiescence of a Jury in his View's, without seeming to con trol their verdict, has been adduced as a proof of his judicial dexterity. Seeing what his po litical sentiments were—how strong his bias in favour of any thing clothed in the garb of autho rity—and how faithful his attachment to the ve nerable prejudices of his profession—it seems a dexterity snore to be wondered at than imitated; and sure we are that Sir Thomas Denman will no more adopt this mode of managing Juries than he will emulate Lord Tenterden in his illiberal sentiments, and his hostility to all poli tical and all legal improvement. The last effort of the present Chief Justice, as a Member of the House of Commons, was one which will as sociate his name with the progress of beneficent reform in_ the laws ofhis country. His bringing in a Bill, which passed the Commons in the last Session, to abolish the punishment of death in all cases of forgery, was a noble redemption of the pledge which he had previously given ; and, although the judicious simplcity of that measure was marred in the Upper House by two sanguinary exceptions, he is equally entitled to the public gratitude for-having given the Lordi the opportunity of atoning for the error which they committed when Lord Lyndhurst occupied the woolsack, and the enlightened decision of the representatives_ of the people with - regard to the exterminating Bill of Sir Robert Peel was re versed. That, with an habitual suavity of man ners, Sir Thomas Denman has firmness enough to support the dignity of station against all en croachment, has been sufficiently proved, not only by his intrepid energy as an advricate, but by his decision of manner in the City Court, where he so long presided. And here let us pay that tribute of applause to which the Corpora-, lion of London is so justly entitled for having, with such disinterested patriotism, exercised its power in conferring an important office upon au advocate whose honest and fearless discharge of his duty to his client drew upon him the perse- . cution of power. It must be gratifying to that Corporation to observe that the man whoce me rits they had appreciated and rewarded, in what the world looked upon as the adversity of his fortunes, is now chosen by his Sovereign to ad minister the laws of England, and uphold the purity of justice, in the first Court of common law judicature in the real m.—Morning Herald. Our readers will see from our Court Circular, that Sir Thomas Denman kissed hands yester day, on being appointed Lord Chief Justice of the Court of King's Bench, in room of the _late Lord Tenterden. This at once puts an end to the absurd rumom-s fespecting the pledge given . by his Majesty to Lord Lyndhurst. His Majesty, we are sure, was too well acquainted with the functions of a King in a constitutional govern ment to attempt to be both King and Minister. The success of his neighbour, Louis Philip (who seems to have taken Machiavel's maxim an pied de lettre, that a King who trusts the manage ment of his affairs to another, will not long be King), is not calculated to inspire his Majesty with any wish to become his own Prime Minis ter. The character of Sir Thomas Denman has always stood high ; and, independently of the impossibility of departing from the rule which assigns the Chief Justiceship, when it falls in, to the Attorney-General for the time, it would be difficult to point out in the profession any individual who on the whole has better claims .to the elevation. No one questions the talents of Lord Lyndhurst as a Nisi Prius Judge; but some thing more than mere talents are required in the per son who fills the situation of Chief Justice of Eng-:, land undera Liberal Government. We do not wish . to press hard on his Lordship ; and, indeed, some chapters in his life are too fresh in the re collection of the public to render it necessary that we should dwell on them. All that we can say is, that it is fortunate for his Lordship that he had previously secured the situation he now fills. W e have always been willing to do justice to the .merits of the distinguished Judge to whom Sir Thomas Denman has succeeded. As a Judge between private individuals, he as up right and dispassionate. But th at a C of Jus tice, chosen during the Chancellorshi f Eldon, li should so administer the law, as to d justice to the people in any question between them and the oligarchy, and the bodies subservient to their sway, was not to have been expected. Lord Tenterden would not, with his will, have suffered ooe stone in the edifice of corruption to be loosened. He was thorougnly consistent. He protected all Corporations in their freaks and frauds , he threw his shield over all in autho- city. The object for which all authority is given, or is supposed to be given—the good the community—was not the object which his Lordship had at heart. The end at which he aimtd was the maintenance of the oligarchical • , r • , f system of Governthent intact ; and as that could not be maintained without fraud and corruption, the means were deemed by him to be justified by the end. As an instance of the spirit which governed Lord Tenterden in what may be called the politics of justice, we take the following from an article in the Jurist fin ' November, already alluded to by us :—" The Corporations (says the writer) still find favour in the eyes of the Judges ; and while Lord Ten terden presides in the King's Bench they will never want a friend. On all occasions where the rights of the larger body are in opposition to those of the select few, the inclination of the Court is in favour of the latter. An attempt was made by some of the freemen of the Mer chant Tailors' Company to obtain a mandamus for the purpose of inspecting the books of the Company, on a suggesti on o f improper dealings with the funds of the Corporation, &c. The Court refused the application, with costs (2 Barn. and Adol. 115). The ground of this decision is stated by Lord Tenterden, to be that there is no instance of such an application as this having been granted. The cases in which the Court has interfered are all alleged to have been where some such a controversy was depend ing. His Lordship added, at the conclusion of his judgment, Nor can I see any good reason for allowing particular members of a body cor porate to inspect every document belonging to such body. lam sure it would lead to great in= convenience and to much expensive litigation.' Inconvenience to whom ?—.To those who profit by concealment. Litigation with whom ? With those who infringe the law for their .own benefit.' The reasons assigned by Lord Tenterden are characteristic. First, there is no instance. But because there is no instance, it does not follow that there should be no instance. A precedent always supposes no previous instance. Then it would lead to great inconvenience. Where a Government is con ducted on the principle of furthering the good of the few at the expense of the many, there must be many things of constant occurrence which will not bear open investigation. The funds of a Corporation were, not long ago, ex pended in election bribery. The Courts main. tamed that Corporations ought not to be accountable for the mode in which they expended the funds at their disposal. The end for which the Corporation itself is appointed is here lost sight of. It would be preposterous to say that when the principle of the Government is changed—that m,hen Parliament has been made responsible to the people, instead of' the oli garchy—the principle which governs the Courts in' what may be called their legislative func tions (for the most of our law is made by the Courts) should not be in accordance with that of the Government. if the public good be the object which a Reformed Parliament will steadily keep in view, the supreme Tribunals must see that the conduct of Corporations and Magis trates shall not be at variance with that object. The character of the different Go vernments of this country have always been discoverable in the Courts of Law. With the revolution and Chief Justice Holt commenced a new mi.& Long after the revolution, the Court of King's Bench was disposed to any. thing rather than screen the misconduct of Justices of Peace, or to abet churchmen in their pranks. On the other hand, ever since the American war, but more especially since the French revolution, the word seems to have been given to protect all in authority, whatever the abuses. The whole ingenuity of Lord Tenter den in particular was direeted to the discovery of the means of escape for Magistrates and func tionaries accused of abuses of the powers en trusted to them. We have no doubt that Lord Chief Justice Denman will not on the Bench Belie the professions of his whole life. 'We be lieve him to be thoroughly impressed with the importance of giving effect to the principles on which the Government ought now to be con ducted. Sir Thomas has always enjoyed the reputation of independence and consistency ; and we trust he will maintain it. He will not certainly tread in the steps of Lord Ten terden as a constitutional lawyer. He will not prove himself what Lord Tenterden assuredly was, one of the greatest enemies the Press of this country ever had. Had circumstances favoured Lord Tenterden, we may judge from the doctrines laid down by him at the commence ment of his judicial career, he would have put an end to all freedom of discussion.—Morn.Chron. It was not without reason that we charged Mr. Joseph Hume some time ago with the ma nifestation of a spirit of forward, obtrusive, troublesome, and foolish busybo y dyism, with re ference to the general ele c ti o n. If this pedantic person have not engaged to foist a little faction of his own into Parliament, then are his doings as incomprehensible as they are, upon the face of them, offensive. What is he about . now at South Shields? Why should he pester the constituency of that borough, and endanger the election of a liberal gentleman of known inte grity, a worthy supporter of the Reform Govern • ment, by smuggling into the contest, upon the strength of a hole-and-corner requisition, a fourth candidate, one Mr. Gowan, whose only admitted qualification seems to be that Mr. Hume has taken him by the hand, and said to the electors " Here is any man—he will do your business and mine together, which is good economy, you know,—therefore choose him." Mr. Hume is mistaken if he fancies that he can anywhere play the rabble of this island against both the middle classes and the upper. He is much mistaken if he imagines that the length of his own political tether is not accurately known. A man who sees nothing—literally nothing, in any political measure or system, but the cost of it in shillings and pence, may be a fit teacher of hedge school arithmetic, but he has as much pretension to the title of legislator or statesman as had the per sonage ridiculed by Sterne to that of " critic," when he tested Garrick's acting by the stop watch. 3'r. Joseph Hume may as well be quiet. He has not stuff in him for the leader of a party. He is too ignorant—too obstinate—too narrow. He never can take into his contem plation more than a single object, and that ne ver in all its bearings; and he knows men's minds as imperfectly as their interests, political or social. When all other banks come to be restrained within their proper bounds, let us hope that the race of mountebanks will not be forgotten. Mr. flume might be an important person, if he would or could take a right mea sure of his own capabilities : his intentions we . believe to be honest, but his inordinate vanity counteracts his indefatigable industry, and neu tralizes his usefulness, by shutting up his under standing against all suggestions, except those of his own conceit.—Times. The Times of yesterday morning contains a high panegyric, not more high than his . merits deserved, of the late Lord Tenterden, and pro- seeds to make some very sensible remarks upon the principles on which his successor ought to be selected. It attaches great importance to the pos session, by the new Chief, of " profound and extensive knowledge." "An ignorant Judge," quoth the Times, " mu s t b r i n g the law into con tempt." What sort of ignorance is it which seems to the Times so inconsistent with a due discharge of the judicial office ? Ignorance of the Sanscrit tongue may be excusable in a Judge. Ignorance of the properties of the conic sections is not altogether intolerable. A Judge may be allowed to he innocent of Porson's Canons, and is not bound to distinguish at a glance a Raf faelle from a Rubens. It is to ignorance of the law that our contemporary alludes. And while our eyes were resting upon his assurance that a Judge ignorant of the law " must bring the law into contempt," a friend whispered into our ear that Sir Thomas Denman is henceforth, by the grace of Lord Grey, the Chief Justice of the Court of King's Bench. Sir Thomas Denman is an ignorant Judge. Let him be an amiable man, although he certainly does not exhibit in public life that amenity of manners which is said to make his fireside delightful. Let him be an honest and consistent politi cian, although his honesty has been a sincerity in error, and his consistency a perseverance in guilt. But Sir Thomas Denman is, neverthe less, an ignorant Judge; and if the Times is a true prophet he must bring the law into contempt. Is he not an ignorant Judge ? Ask of the members of hiS own profession. When the intended arrangement was announced yester day in the Courts, the information was not re ceived with much surprise, for the event had been by many anticipated ; nor with uni versal disgust, y for the personal friends of Sir Thomas are not few. But all united in the opinion of his utter unfitness for ibe seat he has been selected to occupy ; silk gowns and stuff gowns, seniors and juniors. Whigs and Tories, some regretting, some ridicul ing, some reprobating, the appointment, but not one man so much as suggesting that, by any know ledge of the law, Sir Thomas Denman is qua lified to administer it in Banco Regis. Is he not an ignorant Judge ? Ask of his Majesty's Ministers. They arc party men, and in the battle they, as party men, have fought, they have been aided by the late Attorney-General with a zeal, the excess of which may, in their eyes, excuse an occasional lack of discretion. That he might accept the commission they offered him in their new levies, he made some sacrifices, and while he held it no soldier in their ranks exposed himself with a more reckless self-devotion. Per haps the Whigs could not do otherwise con sistently with their private engagements than place Sir T. Denman in Lord Tenterden's chair. But again, we say, ask of his Majesty's Minis ters. If one of them shall stand up in his place in Parliament, and, being questioned, reply that he deems Sir Thomas I.),runan a lawyer who will preside in the King's. Bench with credit to himself, or with advantage to the country, we will at once admit to that man the possession of at least one qualification for forensic success—an impudence which would astonish the Old Bailey, and ptu Daniel O'Con nell to shame. is he not an ignorant JOdge ? Ask, lastly, Sir William Horne. For upon the interpretation of a clause in the Reform Act, the Act upon the concoction of which the toils of the said Sir William were so affectionately allied with the toils of the aforesaid Sir Thomas, the act upon which during its progress through the House of Commons there was so.little difference of sentiment that more than three hundred Mem bers of that illustrious Assembly may be said to have had " but one idea between them" —upon a clause in this elaborated and consequently simplified act, Sir William Horne has within the last few days, or weeks, pronounced an opinion diametrically opposed to that which had previously been delivered upon the same clause by his late learned colleague, the new Chief Justice. Under Tory Governments political partialities have undoubtedly influenced professional promo tions. We, .do not expect t o see an y Mi n i s t ers placing in positions of high importance and extensive influence men whose principles they condemn, and whose character they disapprove. But under Tory Governments, although poli tical friends have been advanced, they have not been advanced being only political friends. Sir Arthur Wellesley might be a Tory, but he was also an officer of some distinction. Sir Charles Abbott might be a Tory, but that he was a fit successor to Lord Ellenborough is not denied by the Times. Sir Thomas Denman has claims on the preference of a Whig Ministry as their po litical friend, but he is only their political friend. He is no more fit to preside in the King's Bench than to command a seventy-four off the Dutch coast, or to officiate as chef de cuisine in my Lord Sefton's household. Enough ; the Whigs have done wisely. While Lord Althorp regu lates our finances, and Sir James Graham di rects our marine, why should not Sir Thomas Denman be made the expounder of our law ? Morning Post. It is a curious fact, that the Journal des Dehats, a French Ministerial paper, finds (as will be seen by an extract elsewhere given) the chief opponents of the recent convention between France and England, for executing the treaty of separation between Holland and Belgium, among the Jacobins and Republicans, as we on this side the water find its adversaries among the Tories and Anti-Reformers. These two fac- tions—which differ in everything else but their desire of general confusion—are thus combined to resist the speedy settlement of a question which they have long cherished as the probable parent of a revolutionary war. They therefore pro fess a common abhorrence (each in their own way) at the fatal alliance in which their respective Governments have involved them to preserve the peace. They instinctively discover a new ob ject of patriotic idolatry, in the interested stub bornness of the Dutch Government in de manding the virtual closing of the Scheldt, because though it requires the sacrifice of English com mercial interests, it offers the means of overturn ing their respective Administration s ; and they utter a hypocritical cry of alarm at the alle ge d op position of the three other Powers of the Con ference, while they are conscious that their only hope lies in the fallacious report of an opposi tion which does not exist. The French Repub lican party accuse their Government of employ ing the army of France merely to accomplish English objects in securing the freedom of the English trade with Germany, an d i n preserving their Viceroy, Leopold, on the throne of Bel gium. Tne English Tories, in imitation of their French Jacobin fellow-labourers, charge the A with a wilf u l sur renderdminisoft: all o l i° o uri l nfl L u o e r l d ice Ge i r tl y the N et h er l an d s to the French, by agreeing to the empl o y ment o f a Antwerp. French tun efxberciaeimforthethicorirneedr,uc„tilownwoi French inte rests are sacrificed to answer English objects. When we desired to assist the Belgians last year, and to unite Belgium more closely with France, by giving it a King in the person of the young Duke de Nemours, our aid was rejected—our policy was vilified—and our alliance was despised. Now it suits England to employ our ships and our troops to preserve a state of things which she wishes to consolidate for her own ad vantage, and to prevent those chances of incorpo rating nine of our former departments with our territory, which might occur in a general strug gle. Mean time England cannot cordially abandon a Dutch for a French alliance, — and must desert us on the first serious menace of a European war, in which our very compli ance with her present policy may involve us." " Who can behold," re-echo the latter, " with out indignation the union of our Government with revolutionary France, to oppress an ancient ally—to increase French power in a country already nearly a French province ?" Then we hear a great deal of malignant nonsense about the disgrace of seeing the tricolour united with the flag of England in an attack on our old ally, interspersed with remembrances of the league of Charles 11. with Louis XIV. to op press Holland when no tricolour existed,—and about other topics of prejudice and excitement, to which we need not further allude at present. But the point on which their unanimity is at once the most conspicuous, and (all circum stances considered) the most ridiculous, is their pretended alarm at the alledged hostile dissent of the three absolute Powers of the Conference. " The Conference of London is in a state of complete dissolution," exclaim the French mouvement party. " Russia has withdrawn from it, and expressed her dissent from the con vention of October 22. Prussia likewise ob jects to the employment of coercive measures, and is moving forward her troops to assist Hol land in opposing France," reply our English Tories. Thus the Conservative clubs, or journals, re-echo the Jacobin,—repeat de ception for deception, and repay fiction with fiction. The London Conference is indeed in " a state of dissolution"—not from intestine division, as is thus insinuated—but from having accomplished its labours. Having drawn up and ratified, by its five Powers, a treaty which Holland has refused to accept, nothing remained but to settle the means of its execution. Three of the Powers, in these circumstances, declined to pursue their own work further than that of peaceful mediation and entreaty, which had been found unavailing, while two of them (France and England) undertook to be executors for the whole of the defunct Conference, and to carry its award into effect. There was every reason why they should be the active parties on this occasion, without throwing the slightest suspi cion on the designs or motives of the Courts which have dissented from the employment of coercive means. They are nearest the refractor \ party. Their forces can be mo , t easily brought to bear upon the injurious pretensions which he sets up, or on the territory which he unjustly re fuses to surrender. Having opposite interests in every thing but the preservation of peace, they can satisfy the must suspicious of their com mon moderation, and raise themselves far above any apprehension that they can employ their arms to accomplish any ulterior views of ambition or aggrandizement. Never did a Judge sit on the bench, or an arbiter take his place between op posing parties, with fewer motives to mislead, or stronger resolutions to effect a righteous decision. In addition to all these qualifications, they are quite sufficient for the task which they-have un dertaken, and would have found rather embar rassment than aid in a more extensive exe cutive alliance. The three other Powers, from these and similar considerations, were not invited to become parties to the convention formed be tween France and England on the 22d ult. Even Belgium is not admitted as a party, and (in our opinion) Antwerp will be taken by the French army alone, without any movement on the part of Leopold, unless the Prince of Orange chooses to make an inroad into Belgium, and thus compel the Belgians to act in self-de fence. The circle of war will thus, we hope, he extremely narrowed, and, as we expressed it a fortnight ago, the proceeding will have all the cha racters of a judicial decision. After the capture of Antwerp, no subject of dispute can occur between Belgium and Holland which may not be more easily settled than at present. It will depend on the manner in which King William acts, whether lie will even be required to surrender any of the advan tages secured to him by the treaty which he is now required to sign. At any rate, it gives us great pleasure to assure the public that there has not been for the last two years a less chance of a European war, or less danger that the contest (should a contest take place) will extend beyond the Netherlands. The rumoured advance of Prussian troops to the Rhine, and the reports of the hostile movements of Russia, are pure fic tions, invented by the lively fancies of the French republican s , i n emu l at i on or i n co - operat i on w i t h our English convenie n t Conservatives. They must both, however, p os t pone t h e i r h opes an d pro j ects to a more ; and on hn their r m v e e a r t time allow us to very congratulateoppor opportunity iit them inoffensive alliance._ Tines. VICE-CHANCELLOR'S COURT, Nov. 6. AIORGAN V. LEWIS. This cause, which was partly heard yesterday, was resumed this morning, and occupied a great portion of the day. Mr. KNIGHT (with whom was Mr. 'I'IsEonALD) appeared for the plaintiffs, who were the represen tatives of a gentleman of the name of Morgan, pos sessing large estates in the counties of Carmarthen and Buckingham, on the latter of which he had re sided up to the time of his death. The bill had been tiled against the defendant, who was the widow and a dministratrix of a Mr. Lewis, the steward or agent of Mr. Morgan in the management of the estate in C a rmartheteshire, to surcharge arid falsify an account settled in 1822, between Mr. Morgan and Mr. Lewis, both since deceased, on the ground of o missions. It was alleged these omissions con• sisted of various sums of money, received by Mr. Levis in his capacity of steward on behalf of his principal, but which had never been placed to his credit. Of these the principal accessions relied upon were, a sum of 501., a further sum of 892/., the pro• duce of the sale of timber, and a third amount, not stated, which had been received for rent. The ac count commenced in 1815, and extended from that time up to 1822, when it was investigated, vouched, and settled between the pares, whose respective representatives were now before the Court. Mr. PEPYs (with whom was Mr. STEWART), for the defendant, contended that the settlement in 1822 must be presumed to have been satisfactory , to the late Mr. Morgan, as it was never attempted by him to dispute it, arid it was not until after his death, and after a lapse of eight years from the settlement, that it Vas sought to question its accuracy. The VICE-CHANCELLOR said that sufficient grounds had been laid before him to induce him to pronounce the usual decree of a reference of the ac counts to the Master, with liberty to the plaintiffs to surcharge and falsify it. COURT OF KING'S BENCH, Nov. 6. THE KING V. SUTTON, ESQ. Sir JAMES SOARLETT applied for a rule to show cause why there should not be a new trial in this case, on the ground of rejection of evidence and misdirection. It was an indictment against the de fendant, J. Manners Sutton, Esq., for not repairing a bridge across the river Trent, which it was contended he was liable to do ratione tenure; but at the trial at Lincoln the Jury found a verdict of Not Guilty, thereby throwing the burden of the repairs upon the county of Nottingham, in which the bridge is situate. The Learned Counsel stated that the question of the liability to repair this bridge was the subject of a trial at the bar in the reign of Charles 11., which was reported in Levintz ; and it was sought by the present prosecutors to give the result of that trial in evidence, but the original record of the indictment and judgment could not be found in the proper office. Various rules of Court, however, were produced, arid it appeared from them that two in dictments had been removed by certiorari into the King's Bench, one against the county of Nottingham, who pleaded that Lord Lexington, the owner of the estate which the defendant now held, was liable ratione tenure; and the other preferred by the county against Lord Lexington and his tenants. In the first case it was found that the county was not liable, arid a rule was drawn up directing judgment to be en tered against Lord Lexington and his tenants, it being declared that they were liable to repair th e bridge. This was the nature of the evidence rendered, but which was rejected by the Learned Judge. The point as to misdirection related to an indictment pre ferred about 70 years ago against an ancestor of the defendant for not repairing the bridge, when the party indicted withdrew his plea of not guilty, and did the repairs required. This, however, was stated by the Learned Judge not to deserve much weight, as the conduct of the then defendant might arise from his not wishing to be at the trouble and ex pense of trying the question.—Rule Nisi granted. WRAY V. LORD EGRE3IONT. Mr. CAMPBELL moved for a rule Nisi for a new trial in this case, which was tried before Mr. Justice James Parke. The action had been brought by the assignee of an insolvent debtor to recover the amount of two years' rent, for which Lord Egre mont had distrained ou the insolvent's premises.— Rule refused. COURT OF COMMON PLEAS, Nov. 6. LORD CHURCHILL V. GRACE. This was an action br..ught to try the question whether or not Canonbury-park was extra-parochial. It has been tried three times, and on each occasion the Jury found for the plaintiff, thereby establish ing its extra-parochiality. Mr. Sergeant LUDLOW now moved for a new trial once more, on two grounds,—first, th it some of the special Jurors who tried the cause on the last occa sion had also been on the Jury who had tried it on the former occasion; and, secondly, that tie verdict was against evidence. Mr. Justice ALDERSON observed, that on each occas.on the Leaned Judge who tried the cause had expre-sed himself satistit-d with the verdict. Tue COURT » eie of open oa that as the Learned Jird4e had expressed himself satisfied wi.h the ver dict in each trial, and as the question had been three times decided the same way, there were no grounds to warrant them in distut biug the verdict. COURT OF EXCHEQUER, Nov. 6. MARSHALL, ASSIGNEE OF MILLS, V. WEBB. Mr. F. POLLOCK moved for a trial in this action, tried before Mr. B iron Vaughan, when a verdict was found for the defendant, against, as he submitted, all the law and all the ev;dence of the case. It was in trover, to recover certain bills of exchange, the property of the bankrupt before the bankruptcy, and delivered to the defendant just be fore the commission. The bankrupt commenced business in the county of K►ldare, about 11 m►les from Dublin, on the 30th October, 1830, wi:hout having any capital, and contiact.-d debts to the amount of 30,0001., and was in difficulties from she first moment he started in business. He did not resort to the plan of raising the wind by bills mu tually drawn, but to the more dangerous mode of putting upon the bills, without authority, the names of different persons.—Rule to show cause granted. MARKET INTELLIGENCE. LONDON MARKETS. (From the London New Price Current of yesterday.) SUGAK.-After Tuesday last week the request fur Muscovedes rather subsided, on account of the large sales effected, and the consequent rise in the prices ; including the large sales on Tuesday the total purchases of the week were limited to 2,800 hhds. and trs. ; the prices were, however, exceedingly firm, and rather higher rates were realized at the close than could be obtained at the opening of the Market last week. The stock of West India Sugar is now 40,443 hhds. and trs., which is 13,514 less than last year. The stock of Mauritius is 53,772 bags, being 47,569 less than last year. The delivery of West India Sugar is 3,435 hhds. and trs being 453 more than last year. The delivery of Mauritius 4,523 .bags, being 2,231 less than the corresponding week of 1831. The Sugar Market is very dull ; the - sales to-day, in cluding the Barbidoes, do not exceed 500 hhds. and trs. The prices of Friday cannot be realized. The refiners were much more firm last week on account of the advance of Raw Sug irs, and would not sell except at a slight rise in prices, which was only suhniitted to in a few instances ; the transactions were very limited, low lumps 61s , small 635. a 645., fine crashed 30s. There is no alteration in the low goods this afternoon ; the fine is rather lower. EAST INDIA SUGARS.—There is little doing in • East India Sugars; some Java and Siam Sugars have been sold rather lower. Matuarms SUGARS.—The lata purchases of Mauritius Sugars are at higher prices, brown 51s. This day's sale, 1,279 bags Mauritius, sold at former prices. FOREIGN SUGARS. —Some yellow - Havannah Sugars have been sold 225. a 245., and some damaged white ; all the large parcels of sound white offered at public sale have been withdrawn. Average price of Sugar, 11. is. 6id. per cwt. COFFEE.—The Coffee Market is still heavy ; the prices are generally Is. a is. 6d. lower, fair quality St. Domingo sold in parcels at 525. and 525. 6d. ; Ceylon at .51s. ; fine ordinary Jamaica 745. a 755., goad ordinary 735. ; the late serious decline in Coffee may in a great b measure r a b l e b a r sc ok r e i r b s e d , an t o stettta ostentatiously si y published a t in the daily papers, each excelling the other in monstrous state ments of the small crops and increasing consumption in Europe, and demonstrating that the prices were much too low, and that evidently the demand must necessarily exceed the supply; the consequence has been extensive specula tions, sad many holders are obliged now to sell, and the others following the example out of choice. By public sales this day 3,038 bags 7 birds. Havannab and. Brazil Coffee; not an offer was made for the sound.-103 casks 20 bags British Plantation went off heavily at last week's prices. The Coffee Market is uncommonly dull. Run, BRANDY, AND HOLLANDS,-.411e limn Market continues firm, but there are few sales, on account of the recent advance in the prices. Brandy is rather higher. In Geneva there is no alteration. SALTPETRE.--The Market is more firm, the price of rough 369. INDIGO.—.The Indigo Market continues very languid. RicE.—ln Rice there id no alteration. Carrow.--The Market is still heavy ; the public sale of Surats on Friday went off ed. lower. The purchases this week consist of-350 Surats good ord. 4kd., fair aid. ; 100 Boweds, mid. 6d., good fair 61(1. ; 200 *a uras, public sale, good fair 511 a äld. TunrENTarE...-Turpery Me, no arrivals or sales. Hors.—T,,ere continues to be a steady demand for Hops at the late prices. The Duty is now estimated at 100,000/. Fiturr.—We noticed on Tuesday last the first public sue of new F►gs, 27,000 drums, part being sell at 565. ; several other cargoes have since arrived, which have gone off steadily at the same price; new Valentia Raisins go off at former prices ; new red Stnyrnas in barrels 465. At public sale old Yards Currants, good 71s. a 723., inferior 68s. a 708. ; in new Patras nu alteration. WooL.—By public sale on Wednesday 500 bales N.S. Wales Wool soli from is. 3d. a 23. 50 Greasy from Bd. a Is., 3 Cupe is. 4d., 152 Ger►nan from Is. a Is. Sd., and 342 Foreign from sd. a 9id. By putdic sale on Thursday 540 bales Foreign from 1 B. 3d. a 21.7 d. By public sale on Friday 290 bales Foreign from 11. a 2s. 5d., 67 Cape from Bd. a Is. 71d., 300 N. S. Wales from Is. 4d. a 3.. 2Y., 60 Tuscany from Is. 44. a is. 5d., and 16 Danish from 6,1. a 10d. The Wools, particularly the N. S. Wales, went off very brisk at a trifling advance from the last sale's prices. Some fine quality N. S. Wales sold at 3s. 2-id. per lb.; the first two bales from the Swan River settlement sold at 2s.ld. per lb. OILS —Fish Oils in fair demand ; prices as last week. Seed Oils are on the advance ; about 120 tons Linseed Oil have been bought during the last week for the Ameri can market. The import of Linseed is abort 4,000 qrs. to the present time of the quantity last year. Rape Oil is in demand at the advance quoted. COCOA.—This day's public sale 1,159 bags Brazil, ras ther higher, partly sold 255. a 265. SricEs —ln Spices there is little variation. This day 201 bags Pimento at public sale nearly all taken in. COCHINEAL, &c.—At public sale this day 130 bags Cochineal, a fresh parcel of Vera Cruz Grain, of various qualities ; the silver went from 6s. 4d. a 6s. I I d., and the black according to quality from 6s. 6d. a Ss. per lb. ; at these rates about halt the parcel was bought in, though garblings sold from 3s. 4d. a 3s. 9,1:, and appear more sought after than usual. 132 bags Bombay S.filz)sver sold from 89s. a 925. of but middling quality; it is said the fine part of the parcel had been previously sold by private contract. 226 bags &icklac withdrawn, no bidders. 34 bags American Saltpetre at 275. RlCE.—This day's public sale 4,091 bags Bengal Rice sold 6d. a Is. lower; Bengal 151. up to 18s. for the Patna kind. COUNTRY CORN DIARKEI'S DURING IHE WEEK. Wheat. Barley. I Oats. I Beans. ~. ---. Per Quarter. s . to s. S. to s. 8. to 8. ! 8. to 8. Boston „-- 50 30 15 32 Gainsborough —....— 57 —, 34 18 40 Grantham ......--. 53 67 36 41 17 25 f 37 39 lirimsby 42 58 24 30 14 22 25 40 Ilorncastle---...., 44 52 25 33 I`2 18 40 42 Lincoln —.—..—.. 46 60 30 39 10 21 36 40 Spileby 4B 54 '2B 35 14 18 32 38 Stamford—.--..... 47 59 30 36 21 23 33 36 Y0rk......,, 4S 54 . 24 32 15 Z. 3 26 36 IRISH MARKETS. DUBLIN MARKET NOTE.—FRIDAY, Nov ". From To Average. 1,913 Wheat, per barrel 20 stone '2O 0 30 0 24 8 :352 Bere l6 stone 11 3 12 6 12 " 1,097 8ar1ey...—...---... 115 stone 13 0 16 0 14 11 I 2,994 Oats -- 12 stone 7 6 12 0 9 I 10,848 Cwt. Flour--. 9 stone' 5 0 22 0 0 752 0atmea1..,,_.,.,,.,,,,,,. 8 stone 7 0 13 0 9 5 1,943 Wheat, per barrel '2O stone 352 Bete l6 stone 1,097 16 stone 2,994 Oats ----. 12 stone 10,848 Cwt. Flour 9 stone 752 0atmea1..,,_.,.,,,,.,,.,, 8 stone sold to Bakers only. 9,349 Cwt. Flour Average price of Wheat am Receipts of Flour, 11,5481 Firsts, Sales of Do. 10, Second 'thirds, PRICE OF 14d. Quartern Loaf. 11 6 I 220 Flour 45, Od. per I from 19s. Od. Es, from 14c. 6d. from ss. Od. BREA D. Half I 17 1% to :Ns. Od. to 20.5. Od. to 103. Od. Wheat, liar ley. Vats. Flour, per cwt. per barrel per barrel per barrel 20 stone. 16 stone. 14 stone. Ist. 2 d. s. d. a s.d. s.d. a s.d. s.d. a s.d.,s. d. as. d. s. d.as. d. Cork 15 0 25 0 0 - 6 14 61 7 6 9016 0 18 (1 6 0 13 0 Limerick 026 8 12 . 0 13 4112 013616019 0 0 0 15 0 6Vaterforti'2i; 0 24 911 0 13 01 7 0 8017 0 18 010 0 15 0 C'omnel —122 4 25 010 0 14 6110 0 14 617 0 190 130 16 0 Carlow —l2 0 tau 12 0 13 01 7 0 8 6 2,4 0 91n nn 00 rieet, Alutton, Pork, butter. .. per lb • per lb. per cwt. Ist 2d. ad. 4th. sth. —. 1. a d. d. a d. s. d. aB. d... d. s. d. s. d. s. d.ls. d. 15 Cork .--*-'• 6 4 g/ !I ( 10 g 65 01: 2 1 0 " 7 : ( 0 ) 4 -'1 4 ) g 0 1 13 4 g Li , nerick- . 34 . . W ttertimi 3 6 3 535 0 36 082 079 070066 0 60 0 Clopmel - 3 4 4 5 320 33 0800700 , 0 —'o Car ow.— I s}o 0 0 0 0084080070 0 60 0 0 KILKENNY.--Butter Sts er barrel ; Flour OIL to 3 rl ; Barley lls. to 13s. ; to sd. ; Pota , oes 2d per sl Pigs 325. to 335. pet cwt. to Bl3s. per cwt. ; Wheat 22.4. to 245. s. per bag, Oats 7s. to Bs. per bar leef 4d. to 5.4. per lb. ; Mutton 4d. me; Coals Is. 2d. per cwt.; Bacon SCOTCH MARKETS HA DOI NOTON CORN Mll A RKET.—Nov. 2. Wheat. Harley. Oats. P ease. Beans. First CO , Od 31s (ki . 24s Od —s Od 31s Od Second 4Bs Od 26s Oct 20s lid —s Od 296 Od ('bird ('here were 397 qrs. of Wheat in market,329 whereof were sold. (38 Umsold.-0 Grey ... 2/. 9s, - ' Averi TH CORN MARK Barley. Oats. Od 24s (kl 28s od 19s ed 26i 6d 18s 9d 2.l2ths. T.—Nov. 1, lease. :2Qs Od 264 Od 214 Beans. 31= Od Od 23s Od ani•A 2, EET. DALKIE' Wheat. First 6)s Od Second 5O. Od Third 453 Od MEETINGS OF CkEDITORS AT THE COURT,. RASINGHALL-STR, (From thr London Gazette.) TO-MORROW, Nov. S. - M. 41. J. Fenton, High Ho). orn, china dealer . ."' - . 1 at 9 C. Brown, Tottenham-court- roa d, dealerr'n china.......... 1 10 I:IVIDgNDS. M. Carroll, Newcastle-place, E.gware.road, hater 1 .1. Rumpus, Newgate:street, bookseller J. H. Mann. Charle , street, St. James's.square, scrivener W. Pape, Northampton-square, t a ilor ' W. Evans, Carmarthen, draper 1 J. Moberly, John-street, Berkeley square, I:a iker 1 A FISH CHASE. Mr. Walter Thorburn was angling in the Tweed la , t week, and hooked a salmon at a place called the New Water, below Innerleithen. The fish proved remarkably cantstary from the beginning, refusing and despising all manner of control. In short, he would neither turn nor wind, but just run where be pleased, so that Mr. Thorburn began to think " the de'il was the fish if ever he leevit amang water.- At length the fish took it into his head, or rather into his tail, to run straight down the river. Off l:e went, and Walter after him full speed, with the line generally at or very near its full length. There was no stop nor stay—down he went for the first mile " like a fiery dragon," about which time our b:eathless angler perceived with horror a huge tree lying in them dst of the river in deep water, and ics branches extending half way from side to side. IJt dashed into the water, to conduct his line past this unmannerly interference. But, unluckily, in th e eddy caused by the tree, the flood had formed. ll quicksand, in which Mr. T. instantly sunk, and stuck fast. The line was run our, and he had no shift but to fling the rod from him, and let the unaccountabl e fish take it all to himself. Away went the fish, an d away went the r.,d, and there was Walter standing struggling, sunk to the waist in the quicksand. It was twenty minutes before he got himself extri cated, and by that time he was quite forespent, and, the fish, and the rod, and the grand r ee l, a nd an d straight on their course to Berwick-upon-Tweed . He, however, ran as fast as he coulif, "and sent his voice before him as he flew," never letting one cry of despair await the end of another. The wlicil e district was astonished, not knowing what in the world was the matter with the young man. The shepherd left his flock on the hill, and ran toward Tweed side; the ploughman left his plough in the middle furrow; and even girls and old dames left the potatoe-field, and basted towards the river, say ing to one another, " Gudeness preserve us ! what ails. Wattle Thorburn the day; he's surely gave dementit." At length, his brother of Juniper Bank heard the unearthly cries, and, mounting his horse, galloped to his afflicted brother's assistance. He then recovered the hold of his rod, and finally landed the salmon, after a chase of little short of four mike. He was a small fish, and hooked by the tail !--• Edinburgh Evening Post. On the sth inst. in SackvßilllelsTtrifeeSt., ViscountessValletort, of 3 son and heir. y re o w t: o G rt e l o i: g t e h i e e l e :o o n f . Nell Lac IySt a Hall, i,l E ct i o ti :i an , e j; On the 6t, of a t inst. cc twill the i)l: : : : td, t al: l u e sg(l l s 2 'h d te it r i s s . t. at Kentish-town, the lady of W. H. Reydell, of la son.t Uu the I inst. at I lurdsfield.house, Cheshire, the lady of R h" Brocklehurst, jun., Esq., of a daughter. MARRIED. On the sth inst, at St. George's, Hanover-square, and a r . v wards at the Catholi c Ch apel, Warwick-street, the Hun' to deriek Longworth Brown, youngest son of the late and brothe r co the present Lord Kiln - mine, to Lucy, only daughter of Sir J a ,f l ;jr.. and Lady Frances Wectderhurne,.of Chestertield-street, )1,,.‘ 0 "," ot On the sth inst. at Ramsgate, Mitchell Greenaway, e-'''nde the East India Company's Service, to Mary, daughter of the l'hoinas Iriquet, Lsq., of Camberwell-grove. On the 6th inst. at Hackney, T. A. Allnutt, Esq., of S utt ,i ' Ll Courtney, Berkshi re, to Mary Louisa, only child of SO' Nellite, of Grove-place, Hackney. DIED. Oti the tith inst. a t Harrow, Agnes Sophia, daughter of tn, Rev. William Mills. On the 3d in s t . at an advanced age, at Hadley, Middle.:, c$ of Elizabeth, the w if e o f J oseph Darby, Esq., formerly the Royal Regiment of Horse Guards. ed On the sth inst. i n Hanover-terrace, Regent ' s Park, ag Helenora, widow of Claud Alexander, Esq., of Balloch l .':' N. 8., aud daughter of the late Sir William M axwe ll, Bart •r On the 31st tilt. at Torquay, Devonshire, Thomas 1 " „toe Esq., of the i s l a nd o f St . B art h o l o me w , an d l ate of Mont i!), crescent, Hampstead-road, in 33d year of his age. idow of Col. Hautii j ~~ i ~tt Dowlon, Esq., of Sydenham, Kent, aged tw o y ears all. 0 0 I n , i t i h w e • 3,1 28 t s u t l . t . A i r l i b B e r an v , S t i r a a n h i , s t t h . e John, months. • i ves, .On the 6th inst. in Hatton . gar d en , the Re v . J o h n J a „ J o of the G enera l S ecre t aries to tile Wesleyan Missionary PKINIED AND P UBLISHED BY M R U LW YOUNbr,- .0 SUN °MDR, 112, STRAND, LONDON. dr seri in t are mia fieu 1 i