The Sun. — London, England, 1822-12-20 00:00:00

THE LONDON JOURNALS. EXTRACTS FROM THE DAILY MORNING PAPERS, December 20, 18'22. [MORNING CHRONICLE.] No menace, or according to the more fashion able term, Ultimatum, has been addressed to Spain ; nor indeed can any paper of that kind be sent there, supported, as was originally intended, by the sanction of Russia and Austria, till further advises have been received from Verona, owing to the question of peace or war between France and Spain now wearinf , a completely different aspect from what it did when M. de Montmo rency _left the banks of the Adige. We have substantial grounds for believing that the powers and instructions brought from thence to Paris by the Russian and Austrian Ministers, in conse quence of their being warlike, and in unison with the noted declaration that has served as a basis for such extensive speculations both in Paris and London, were not adequate to the new circum stances which have arisen through the negocia tions in the French capital. We again repeat, the tone of the French is lowered ; they have been made sensible of the danger of rushing head long into a war that would disturb the tranquil lity of all Europe, and we make no doubt, ere this, that the assurances our Government has re ceived on this head, as well as the explanations regarding the deliberations at Verona, are of the most satisfactory kind. [NEW TIM ES.I We learn from our Private - Correspondence of the 9th inst. from Verona, that the arrival of a French Courier was then daily expected from Paris, the tenor of whose advices would decide the Ultimatum of the Continental Sovereigns.— Intelligence has been received from Paris to Tuesday evening, at which time it was confi dently stated that the Ultimatum had actually been received there from Verona, signed by the Allied Sovereigns ; and the Etoile of the same evening announced, as a positive fact, that the Congress had terminated its la bours. The Etoile followed up this statement by a long article, expressing at least the opinion of its Conductor, that war was inevitable. Add to this, that rumour described the terms of the Ulu 'natant. as leaving no hope of acquiescence on the part of the Spanish Government ; and, finally, that a very insolent answer was reported (but we know not on what authority) to have been re turned from Madrid to the former demands of Prance. The result of the whole was a decidedly unfavourable impression on our Funds. [TII E TIMES.] That period being now arrived at which the answer of the Spanish Government to the propo sitions of France was to be expected, a result which we also anticipated has taken place— namely, (the purport of the answer being un known) that the public funds of France, Spain, and England, have fluttered exceedingly, and the . effect of that flutter has not been to raise, but to depress them. It is needless to repeat all the rumours which were in circulation yesterday; ' suffice it to say, that we do not believe that any of them rest upon a sure foundation. " Terms " had come from Verona to be proposed to the " Spanish nation of a nature so dictatorial, that " it was impossible the Spaniards should debase " themselves by 'complying with them."—" The " reply of Spain to the propositions already " transmitted by France had been very in " solent."---" One, or according to some re " ports, even two, French regiments had de " serted to the Constitutionalists of Spain."— Of all theie rumours we have given the character above. We could trace none of them to any re spectable source ;..and,.in truth, though it is not improbable we may be mistaken, we suspect them all to have sprung out of.a crisis which it was • previously known would arrive—namely, that at which the reply of the Spanish Govern ment would be received, and to have been circu lated whilst the real nature of that reply remains unknown. With respect to the insolence dis played in the answer imputed to the Spaniards, we will venture to assert, that no insolence of theirs, be it ever so great, can equal that of any other GOvernment which shall hare presumed to interfere in their internal affairs. [MORNING POST.] We received last night French Papers to the 18th inst. They contain nothing to justify the alarm which prevailed yest.-rday in the City, nor the fall in the funds which was its consequence. The Etoile, it is true, has published a warlike article, but its effect is-destroyed by the previous declaration of the Gazette de France, that the Ultra Members of the Cabinet, supposed to be connected with that Paper, had in fact no share in its management. Its official character being thus removed, the speculations in which it may indulge become those of mere Journalists and lose all their importance. That no change had taken place in the pacific intentions of the Go vernment, or at least that none had been suffered to transpire, is evident from the language of the Quotidienne, which 'complains that the Moniteur gives no opinion of its own, but only echoes the statements of the Journal des Debuts. [BRITISH PRESS.] Trumpery tricks in the shape of another ex press from Verona, and of an Ultimatum from the Sovereigns against Revolutions, have again become rife, and disturbed the money markets both of Paris and London. In the City the price fell from 804 to 79-k. One report was, that the answer of the Cortes had been received, and was as haughty as that of a Roman Senate. Another report was, that some French troops of the Army of Observation had dismissed their Officers, and tendered their services to Mina. These are all trumpery tricks ; they serve to benefit the shrewd stockjobber, to amuse the credulous politician, and to injure the sensitive alarmist. In reality, and to the entire conviction of every clear sighted and disinterested observer, the state of Europe is at this moment exactly the same that it has been for nearly three years. T-he Revolt'. lion in the Peninsula is excellent in itself, and most odious to the several members of the Holy Alliance; but it is so favoured by the physical character of Spain, and by the moral energy of Spaniards, that it cannot be extinguished like a Neapolitan Revolution, or a conflagration of the Queen's Palace in Lilliput; and therefore war cannot be made against it. MORNING HERALD.] Paris accouits, up to an advanced hour on Tuesday afternoon, reached town yesterday. It would appear from them that the wind has changed once more in that capital, and that war is to be made upon Spain. Various rumours were afloat, and the minor Journals of the war party seemed to rally their spirits and their hopes. The Moniteur, which is official—but which has shewn itself not the less self-contradictory-- and the Journal des Debuts, to lvhich some consideration is given, are silent on the sub ject. Perhaps the only fact worth notice is, that the French Funds had somewhat declined. For this various causes were assigned—one, and seemingly the most generally received, was, that the Ultimatum prepared by the French Govern ment to be addressed to Spain, and which had been sent to Verona, was returned to Paris, in vested with the signatures of the Allies, and received on Tuesday. This rumour, however, bears on the face of it some striking im probabilities. If the discretion set forth in the Moniteur—of " terminating the affairs of Spain," was really vested by the Congress in the French Government, what necessity was there to remit back to Verona the Ultimatum to be sent to Madrid ? What necessity—or rather would it not be an informality—that it should bear the signatures of the other Powers, after it had been declared and decreed the exclusive business of one particular Power-? Again, dur ing the interval from the supposed transmission of this document to Verona, and its alleged re turn to Paris, what could have been the subject of the negociations, actively and notoriously going on at Paris ? Another circumstance to be observed is, that the French Funds were already declining, before the supposed return of this Ultimatum from Verona ; and a further contradiction, that this very Ultimatum—so it is termed in the Paris Papers—was stated, several days since, even by the Moniteur, to have been actually sent to Madrid. This brings us to a second rumour, that the answer of Spain had been received at Paris, and that it peremptorily re jected every concession demanded by France.— The refusal of Spain to admit even the principle of any change in her Constitution, at the sug. gestion of a foreign Power, was a thing which every body must have expected,and could there fore hardly excite any particular sensation. PIRATES. The following account of the expedition fitted out at Nassau, against the pirates, is extracted from the Charleston Courier of the 16th Nov.:-- "We have been favoured with the following particulars, which were derived from the officers engaged on that service : " The expedition was fitted out from his Britan nic Majesty's ship Tyne, at Nassau, commanded by Lieut. , with Midshipman White, and Dr. Clark, for the coast of Cuba, intended to cruise amongst the Keys, near Point Yacos. After cruising some time without success, and about relinquishing the pursuit, they were at tacked while lying at anchor, by a felucca and a piratical schooner, the felucca taking a position on the bow, and the schooner on the quarter. After firing nine rounds from the long gun, mount ed on hoard of the sloop, the pirates at the same time keeping up a destructive fire, which killed and wounded a considerable number on board the sloop, Lieut. , tripped his anchor, and laid the felucca on board, and carried her after an ob stinate conflict by boarding. The schooner at this time seeing her consort captured, effected her escape by running. Lieut. -- was dangerously wounded in the early part of the engagement, by a grape shot in the right shoulder; Midshipman White was wounded in the act of boarding in the arm. Among the captives was a man named James Devaux, who stated that he sailed from Charlston with Capt. Johnson, in the schooner Bee, which vessel had been captured by the pirates, and he was detained on account of being useful to them as a carpenter. In the engagement he received three wounds, two of them by the boarders, and one from the pirates, which was considered dangerous. At the time the Swift sailed, he was expected to recover; in which event he would be sent to Jamaica, with the other prisoners, for trial. The British officers wounded in the capture of the felucca were on the recovery—that vessel mounted five guns, besides a number of swivels, and had on board between 50 and 60 men. The sloop's crew numbered about 30. They have since fitted out the felucca upon another expedition, and Capt. Godfrey, of the Tyne, with the prin cipal part of his crew, have sailed in her, ac companied by his Britannic Majesty's schooner Speedwell, on the same destination. No intelli gence had been received of them at the time the schooner Swift sailed." DREADFUL SUlClDE,—Yesterday morning, be tween eight and nine o'clock, the body of a man, having every appearance of a seaman, was disco vered lying on his 'face in a field near the Horse and Groom, at Streatham, Surrey. So determined was the unfortunate man on self-destruction, that he at first attempted to hang himself from a tree, but the cord is supposed to have broken ; he then inflicted two deep wounds in his throat, which had the effect. The circumstance excited the deepest alarm in the neighbourhood, it be ing at first reported that he bad been murdered, but this did not appear to have been the fact, as the part of the cord on the tree corresponded with that found round the neck of the deceased, and the knife was also found by his side ; he was unknown. He wore a seaman's jacket, duck trowsers, light worsted stockings, and shoes in good condition ; he was of a middle stature. — The body was removed to the Horse and Groom public-house at Streatham, for the purpose of awaiting the verdict of the Coroner's Jury. LAW INTELLIGENCE. COURT OF CHANCERY, DEC. 19. EX-PARTE RUSSELL, IN THE MATTER OF ROSE, A BANKRUPT. This was a petition to stay the certificate, on the ground that the bankrupt had practised collusion with one Turner, .and one Henry Ackland, in contracting the debt due to the petitioner ; all the parties being aware that they were unequal to the pay ment of the same, in amount 1201. The Lonn CHANCELLOR could not understand to what pur pose this petition was now brought on. The question for his Lordship, in dealing with the certificate which lay before him for signature, was, whether or not, since the commission of bankrupt had issued, the defendant had complied fully with the statutes of bankruptcy. The bankrupt might have behaved very improperly in contracting this debt, or he might not ; the petitioner might have been treated very ill by the bankrupt, or he might have been very foolish and incautious in allowing such parties to contract such a debt : but unless there was some complaint of non-compliance with the laws of bankruptcy (and there was nothing of the kind alleged), the petition must be discharged. LLOYD AND OTHERS V. SIR H. ST. PAUL. The LORD CHANCELLOR said, that in this case, which was a motion to restrain the defendants from working coal-mines belonging to the Wednesbury-hall estate, in Staffordshire, claimed as a right reserved for the plaintiffs in the conveyance in 1708, and also to require Mr. Vernon to produce the deed of conveyance and others which he held in trust. It would be re collected that he had advised the question on the injunction to be postponed until it should be argued and seen whether or not the plaintiffs had a right to the production and inspection of the deeds. He desired to be clearly understood that in his opinion the hearing and determining this first question would leave the' question as to the injunction entirely free and unprejudiced. The question before the Court was to he considered—first, with respect to the principles which respected the rights of Sir H. St. Paul and his family; 2dly, according to the principles which respected the lessees under him, and the property which they so held ; and whether, in case of the right claimed by the plain tiff being established, the Court would feel inclined, after what those lessees had been allowed to do, to proceed upon a short mode to restore the plaintiff to his right, and thereby work con siderable injury, if not injustice, to those lessees. The imme diate question of to-day, however, was confined to the produc tion, or not producing, of the deeds by Mr. Vernon. When that question should be determined, the Court would be better able to consider and decide the other questions pending on it. Confining himself, then, strictly to that one question, he would only state in passing, that by the rule in the case of Norway and Rowe, the present case did not fall within the prohibition there laid down, of using affidavits in support of title; because the ori ginal title of the defendants was not asserted; it was declared by himself to be unknown ; and the facts could not be understood until the deeds should be produced, to which the plaintiffappealed to certify all the titles comprised under them. (His Lordship then recited the main facts relating to the cause from the first deed of conveyance, down to the present suit.) Upon all the sales and conveyances, the plaintiffs alleged that the property of the coals and minerals had been reserved for them, with the right of digging and searching for them upon the payment of certain rates of compensation, agreed upon and expressed in the deeds, as would appear whenever the deeds should be pro duced. In their answer to the amended bill, Sir H. St. Paul and his wife denied that they, or either of them, have in their possession or power any such deeds, papers, or writings, as were mentioned in the bill. They admitted the working of coal mines, lime-stone, &c. upon the estate,which they claimed as part of their possession. His Lordship could scarcely un derstand the answer, where it seemed to state that the custom of the country was such as to make void reservations of coal and minerals, in conveyances of the land. They stated a clear series of sets of ownership to prove their right to the lands, which must be kept in contradistinction from the rights of the mines under them. He said it with all pn?per respect for Sir H. St. Paul, but his answer amounted to just nothing at all, as it regarded this point of the case, which was, whether or not there had been a re serva ti on o f coa l s or minerals,' or not. The answer averred that he had no deeds in his possession, but did not give the Court the least information of the import of the statement in the amended bill, nor inform the Court how they might get at the contents of the deeds,which could alone enable the Court to decide. Mr. Vernon said in his answer, that he had some deeds in his possession, but he did not think proper to look into them, and could therefore set forth no information which could be useful to the cause. That was the whole im port of the original answer; one of them could not, and the other would not, look at the deeds. His Lordship would not deny but that with respect to some of the lands, such conduct might probably be proved as would amount to a waver or ces sion of the reserved right : in others, the defendants might have no proof that they had acquired such a title. All this must depend upon the contents of the deeds, and the conduct of the parties subsequently. Mr. Vernon had declared that his trust was at an end, butt that he held the deeds. If his trust had not substantially ceased, still he could be no party in these pro ceedings to the extent of refusing all information of the con tents of the deeds, so long as others, besides the objects of his trust, claimed to hold something under the deeds in his possession ; but being on his own acknowledgment denuded of his trust in substance, he still was not far divested, while he re tained the deeds, but that those parties might call on him to surrenders deed upon which they grounded their titles of reser vation. His Lordship had considerable experience of cases of coal mines, having much intimate knowledge of the state of property in one of the principal coal counties.—He admitted that there might have been great folly, in cases of rights re served, in not having a duplicate of the original conveyance exe cuted, considering all the accidents to which the succession of property was subject; but that folly would not have the effect of taking away a title which was contained in the conveyance, because the party had still an interest in the single deed of con veyance ; though it was equally plain that in such cases those from whom the reservation was withheld would be continually busy to weaken and destroy the force of the title. He did not apprehend that any dealings with the land could have the effect of an ouster of the property of the mines under them.— There might be cases in which the ouster was not effected, and yet the conduct might have been such, that a Court of Equity would refuse to interfere. Parties might be proved to have be haved so as to induce the Court to leave them to the remedy of an action at law. The simple question was—whether or not the parties was entitled to know the contents of the deeds ? not for the purpose of proving their title only, but to identify the several parcels of land which were declared by the defendants themselves to want identification. lie was of opinion that the deeds ought to be produced. But to take the most temperate course, he would call on Mr. Vernon to inspect the deeds, and insert a statement in his answer, whether or not there was any reservation of coals and minerals in the conveyance of 1708. It was agreed that in case the deeds contained the reserva tions, the plaintiffs should be furnished with copies of the pas sages which included them. WIIITECHURCII V. ITOLIVORTITY. This was a question as to the right of the lord of the fee to . enter and cut wood upon the copyholder's estate. There had been various trials of the case, and the present motion appealed from the certificate of the Judges of the Court of King's Bench, which denied the lord's right ; the grounds of the judgment being, that as the lord could not enter to dig for coal or to sink mines, and as the tenant had as much and the same interest on the trees as in the soil, the lord could not enter the copyhold estate to cut down timber, Mr, PEPYS traced the practices and doctrines respecti ng copyholds, acted upon in the courts through the whole series of precedents. He maintained, that as the origin of copyhold was a sort of encroachment upon the will of the lord, so the law had always been cautious of assuming any right for the tenant over the appurtenances of the soil which were inconsistent with an estate for life. Ile showed from the cases, that the right of the lord to the timber had always been assumed, whether in those which went to stay the waste of the tenant or to hinder the lord from taking so much as to leave not enough for the tenant's bote and estovers, and the repairs of the estate. He showed also, that in all the old cases, the authorities, together with the very form of the pleadings, implied the right of the lord to the timber. This was tlae condition of the law until the case of Asmead and Ranger (10 East), when the judgment of the Court of King's Bench, and that of the House of Lords upon a subsequent appeal, overturned the whole series of cases. He maintained still, that the particular case must be considered with respect to its particular merits, as it could not be sufficient to set aside the force-of all the doctrines, customs, forms, and authorities, by which it was established, that the lord might cut his own trees, provided he left enough for repairs. Mr. PRESTON followed on the same side, and argued, that as the tenant could have no right to the timber, the Lord must have the right, unless it were contended to common reason, that the Lord could be dispossessed of that which he had no intention to give away, because he had given away something else. If the tenant had no right to cut the timber, the Lord must have the right, or the timber must be left to rot on the ground.-- Wherever the law allowed right, it furnished a remedy: The Lord must have the right of entry to cut, or his right to the tim. ber would avail him nothing. Mr. Smarm I.T. supported the decision of the Judges, that neither the copyholder nor the Lord of the fee could cut timber except by mutual consent. There were many, rights which the law could not enable the owners to exercise. A parson might work a mine already opened, belonging to his glebe, but he could not open a new one; yet he was seized of the minerals as part of his glebe. A landlord had the right to the timber, but he could not enter to cut it unless that right was reserved in the deeds, or by special custom of the manor. Mr. FARRER followed on the same side. The LORD CHANCELLOR said that it would be impossible for him to give judgment without knowing what was upon the record of the Court of King's Bench in the case of Ashmead v. Ranger, and also what were the questions put to the Judges in the House of Lords upon the same case. If it should turn out to be the same case as this, he must be ruled by the judgment of the House of Lords. They were at liberty to correct their judgment--he was not. The Solicitors in the suit were directed to inspect the record of the Court of King's Bench, and his Lordship undertook to have the journals and calendars of the House of Lords examin ed, to see what questions had been put to the Judges in that case. On the application of the ATTORNEY-GENERAL, The LORD CHANCELLOR agreed that the Court should s on Tuesday next, that being the day before Christmas day. VICE-CHANCELLOR'S COURT, DEc. 19. No case of public interest was heard to-day before his Honour the Vice-Chancellor. COURT OF KING'S BENCH, DECEMBER 19. _ THE KING V. WILLIAII MEAD. This was the first of a series of eighteen indictments preferred against the witnesses for the Crown on the trial of six informa tions in the Exchequer against parties accused of being en gaged in a smuggling transaction on the 20th of August, 11320. This indictment was preferred by James Law, who was alone acquitted on the informations, the other defendants on that occasion being convicted. The case on the behalf of the pro secution was conducted by Mr. D.F. JONES and Mr. CIIIF TY, and the defence by she ATTORNEY-GENERAL, the SOLICI TOR-GENERAL, Mr GURNEY, Mr. CLARKE, and Mr. WALTON. Mr. CHITTY stated the substance of the charge as it appear ed on the record. Mr. D. F. JONES opened the case on the part of the prose cution. The evidence on which the assignments of perjury were framed, was given against the prosecutor, Mr. Jas. Law, on the trial of an information in the Exchequer, at the Sittings after Last Trinity Term. On that occasion it fell to his lot to conduct the defence, and therefore the arduous duty of leading the case for the prosecution now devolved on him, which he felt the more, as it was an exception to the usual habits of his pro fessional life. The offence which was charged on Mr. Law was, that he had been concerned in a smuggling transaction as long ago as August, 1820. In that month, a vessel, consigned from Flushing, laden with tobacco and gin, effected a landing beneath rocks called the Salt Pans, on the eastern coast of York shire. For a participation in this offence, Law was proceeded against in the Exchequer ; and Wm. Mead, the present defend ant, was examined as a witness for the Crown, when he gave the testimony for which he was this day to answer. Mead then de posed, that on the night of Sunday, Aug. 20, about 11 o'clock, Mead was present at the Salt Pans; that John Scott, his son in-law, was with him ; that they came with three horses, and took away a quantity of tobacco and spirits. Now it was true that Law was near the spot ; true also that on part of that evening he was from home ; anti these circumstances formed the basis on which the informers had worked, and on which they depended for success. It would appear, however, that on the day in question he went as usual to the parochial chapel, and after the service was over rode with the clergyman to his own home at Sealby, about two miles distant. He then returned to the house of a man named Gibson, with whom he had en gaged to drink tea, and there remained with two men, named Haxby and Baker, until 10 o'clock in the evening. He had ap pointed two men; named Hogg and Crouchy, to meet him at this place,and accordingly they joined him as he wasleaving Gibson's premises. With them he walked to his own house, and then, after he had supped, prepared to set out for a purchase of wood which he had made at a place called Hamley Wood, about thirty miles distant, and prepared a cart with a load of wool, which he was to leave on his way at Mr. Grason's, at Pickering. About two in the morning, he and Hogg set out with the wag gon, and arrived at Pickering, where they saw Grason, who would be called as a witness, and to whom full credit might be given, as he was a respectable tradesman entirely uninterested in the transaction. In addition to this evidence, Scott, the son in-law of the prosecutor, who was sworn by Mead to be at the Salt Pans with Law, would be called, and would postively state that he never was there, but that being in a state of infirm health at the time had retired early to rest. Unfortunately it was impossible for Law to call Gibson, for he died suddenly the very week after the transaction ; neither could he call the wife and children of Scott, as the children were too/young to be exa mined, and the mother could not leave them to undertake so long a journey. In cases of this kind, it was not unusual to deprive parties, charged with partaking in the same offence of the benefit of each other's testimony, by including them allin one indictment for conspiracy; but, in case, the prosecutor had felt it right to prefer separate indictments, so that all the defendants in the other prosecutions might be witnesses in this ; that he dial lenged the Counsel for the defendants to call them. In con clusion he adverted to the array of Counsel on the other side; all the power of the Crown seemed put forth to protect the de fendant; but he trusted that if his guilt should appear, the Jury would give such verdict as would satisfy public justice. Mr. Jenkins, a short-hand writer, proved the evidence given by Mead at the trial. It was substantially that Law came with Scott between ten and eleven on the evening of the 20th of August, 1820, to the Salt-pans, with three horses, and that they took away with them 21 half ankers of gin, and two bales o - tobacco. Mr. Law, the prosecutor, gave an aecount of his proceedings, similar to that stated by Mr. Jones. He positively swore that he was not on the spot on the night in question, and that he was not on that night concerned in any smuggling transaction ; but he admitted that in 1818, he had been convicted on an in formation for smuggling. To support his testimony in its several parts, the Rev. Mr. Grundon, curate of Selby, Haxby, Crouchby, Hagg, Grason, and the other parties alluded to, were called, who deposed to the several portions of the night which Law passed in their company. John Scott, the son-in-law, positively denied being present at the Rocks, and, on cross-examination, also denied having absconded to avoid being taken into custody. 111 r. SOLICITOR-GENERAL (the Attorney General having retired) addressed the Jury for the defendant. He reminded them that on the trial in the Exchequer, when the Jury had to decide on conflicting testimony, they were bound to acquit the defendant if they entertained any doubt of his guilt ; and therefore it did not follow from that verdict, that they were convinced of the falsehood of the charge. He proceeded to comment on the evidence, contending that it was improbable and inconsistent, as far as it was material, and that the greater part of it was quite consistent with the prosecutor's guilt. It was true that he went to church ; true that he drank tea at Gibson's; true that he remained there till 10 o'clock at night, but the question was, what he did after that period ? Now to shew that lie was at Salt Pans, which were very near Gibson's house, he could call not only all the witnesses who had given evidence in the Exchequer, but others who had been dis covered since the trial, and he would contradic the principal witnesses for the prosecution on collateral points of their testi mony, which would show them to be undeserving of credit. In conclusion lie observed that he felt no peculiar interest in the result of the proceeding ; he was an officer of the Crown, but he was also an officer of the public, and could have no desire that the crime of perjury should escape. He only wished that the case should be well sifted and fully considered, and when lie had seen this done to the best of his power lie should leave the decision in their hands. Mr. Tauvern, a shorthand writer, was called to correct an alleged error in Mr. Jenkin's notes of Mead's evidence, as to the time when he said that Law came to the Rocks. This wit nes, understood Mead to fix it between 11 and 12, instead of between 10 and 11. John Holmes, Thomas Walker, Jonathan Bailey, Thomas Scott, and Robert Mead, all defendants in other indictments, swore in the most positive manner that Law and Scott were both present at the Bocks, between 11 and 12 in the evening, and returned with three hopes laden with gin and tobacco.— John Donkes gave evidence to the same effect. John Dobson deposed that he called on Sunday evening at Mead's to buy gin, and waited his return, when he came with gin, and sold him a large quantity. John Robison and Robert Robison, of York, and William Brown, said that they were at the Salt Pans, and heard a man called ,aw, but did not know him. Mr. Hayes, a naval officer, proved the seizure of 113 tubs of gin, which were concealed among the rocks, and an attempt to rescue a boy, who was found guarding them. Witnesses were also called to prove that Scott ran away when the officers came to apprehend him. In reply, several witnesses were called by the prosecutor's Counsel to discredit Walker, Thomas Scott, Robert Mead, and Bailey, who swore that they would not believe them on their oaths. Mr. SOLICITOR-GENERAL replied on this evidence. Mr. D. F. JONES replied on the whole case. The LORD CHIEF JUSTICE began to sum up the evidence at a quarter before nine o'clock, and completed his charge at three minutes before ten. In the course of his remarks he ob served, that it was painful for him to say, that on one side or the other there must have been very wilful and abundant per jury. He left it entirely with the. Jury, to say to which side the truth belonged. The Jury consulted together in the box until 12 minutes after 10 o'clock, and then desired leave to withdraw. Mr. CLARKE applied to the Court to have the witness Scott detained for the other causes, in case they should come on. The LORD CHIEF JUSTICE directed that the Habeas Cor pus should be brought to him at the sitting of the Court to morrow morning, that it might be endorsed for that purpoSe' His Lordship then retired from the Court. The Jury returned at 20 minutes before twelve o'clock, and pronounced a verdict of Guilty. COURT OF COMMON PLEAS, DEc. 19. Sittings in London, (Before Lord Chief Justice DALLAS, and a Special Jury.) TOVEL V. BOWKER. Mr. Serjeant VAUGHAN (with whom were Serjeant HIII LOCK and Mr. CAMPBELL) stated this case to the Jury. It was an action to recover the value of the brig Findon, which had been run down at sea, by the brig Blossom, in conse quence (as was alleged) o f the negligence of the crew of the latter. The defendant was the owner of the Blossom, and was answerable for the conduct of the crew, who were to be con sidered his servants. It would appear that on the 20th of April, the Findon sailed from Sunderland with a cargo of coals. At about half-past two the next morning the Blossom bore down, and for want of a careful look-out on the part of the crew struck the Findon, which almost immediately went down with the shock. The crew were saved by getting on hoard the Fin don. Witnesses would be called who would prove that the ac cident was wholly owing to the negligence of the Blossom's crew. If that were established to the satisfaction of the Jury, they would find a verdict for the plaintiff: the amount would not be disputed. The mate of the Findon was called, and his evidence went to show that the accident occurred by the negligence of the Bios , sem': crew. Had they attended to the call of this witness, the accident might have been avoided. The Blossom had a light on her bow : the Findon had one in the binnacle. Several of the Findon's crew were called, who corroborated this testimony. Mr. Serjeant LENS (with whom was Serjeant TADDY) con tended for the defendant, that the circumstance was not owing to the negligence of either, but was to be attributed to one of those accidents which could not be prevented by human 5ki11...-. He would call several witnesses who would prove that the night was extremely dark, and that it was i mposs ibl e to di scern a ship at twice her length a-head. It would also be proved that if the Findon had a light in her bow, she would have been seen by the Blossom, which would have thereby been enabled to avoid her. If those facts were clearly proved, as he was instructed to state they would be, he was satisfied that the Jury would find for the defendants. A great number of witnesses, consisting of some of the Blot. , som's crew, and several captains in the coal trade, were called to prove that it was a very dark night ; that a ship could not be seen at more than twice her length a-head ; that it was the custom in fleets of colliers, for all ships to carry lights on dark nights; that the Findon had no such light; and that if she had, the accident might, in all probability, have been pre vented. Mr. Serjeant VAUGHAN replied to this evidence. His LORDSHIP summed up, and the Jury, after consulting together fur a few minutes, returned a verdict for the defendant. BOXING. BATTLE BETWEEN GRANGER THE NAVIGATOR AND MATHEWS THE WARMINSTER MAN. This match, for 20 sovereigns aside, took place on Heazely Common, six miles in Strathfieldsay, Hants (the seat of the Duke of WELLIGNGTN), on Wednesday afternoon, some ene mies having bivouacked at Eversley, the spot first fixed upon, who it was known meant mischief. The men had proved them selves good twelve stone ruffians, who only wanted some of the Fires' Court tactics. Spring was waited for to second Matthews, but he did not come to time, and young Buckhorsc supplied his place. Bellamy, the cricket er , pi c k e up Granger. A very merry sporting battle followed. In the first round both showed much gaiety, and their too great anxiety for flooring prevented mischief. They threw their blows away, and Granger was thrown in wrestling, at which both were expert. 2. Matthews was hit hard with the right hand on the right ear, which sent him away, but he did not go down; he reco vered himself, went boldly up to his adversary's head and drew his cork. The claret flew merrily, and Granger felt as if not to know whether he had lost the prominent feature of his head. This was a symptom of the white feather, but he soon put that idea on one side. 3. A gay fighting round of nine minutes duration, with equal advantages until the last of it. Give and take at the scratch was the order of rallying, until both were hit to a drun ken stand still. They separated, and after piping a bit they unmurzkd again, and contended for the scratch, inch by inch, until Matthews was floored by a heavy blow on the throat which turned the fight full 2 to 1 against him. 4,5, and 6, More skirmishing and wrestling for second wind. 7. Another hard fought round, in which Granger led, and floored his adversary again by a body hit. It was father Thames to a duck pond. In the Bth round Matthews made a gallant rush in the forlorn hope, and laid his adversary's eye-lash open, but it was too late; Both down from a close. 9. Matthews was knocked down at going in. 10. This round settled the battle in 3(1 minutes. Matthews was thrice repulsed at going up to his adversary's head, and at length he was dropped by a blow on the temple, and was beat out of time. Granger, although the winner, had quite enough for a game one. lIICKMAN'S (the Gas Light Man) FUNERAL. Yesterday morning, between eleven and twelve o'clock, a vast concource of persons assembled in Aldersgate and Jewin-streets to witness the funeral of Hickman, who unfortunately lost his life on his return, a few days since, from the fight of Josh. Hudson and Shelton. At twelve o'clock the funeral procession commenced from the Adam and Eve, in Jewin-street, the house of Hickman. The pall was supported by Josh. Hudson and Shelton ; Tom Belcher and Harmer ; and Randall anti Turner. The father of the Gas, his brother, and some other relatitives,were the prncipal mourners. The procession was filled up by Mr. Walters, Toth Owen, Scroggins, Parish, Oliver, Jem Bunn, Purcell, Powell (of the Fives Court,) Bill Daviec, Baxter, and Pierce Eg a n. O n th e coffin, the plate stated Hickman to be in his 27th year. He was buried in the Church-yard in Little Britain. The Clergyman, at the conclusion of the Funeral service, informed the congregation, that on Sunday afternoon next, it was his intention to preach a sermon on the unfortunate deaths of two persons belonging to that parish (alludin g t o M essrs . R oe an d Hickmen). The Church-yard was filled with spectators. The grave of Hick man was 18 feet deep. On the ground we observed, Bit ton, Bill Eales, Jack Carter, George Head, &c., who were not in time to join in the Procession. The crowd in the streets was immense ; and lots of Amateurs of the highest respectability were among the spectators, paying the last tribute to the re ' mains of this extraordinary man in tip Pugilistic 'World. The windows also of the houses were Btowded with females, so great an interest did the funeral of the Gat Light Mat; excite in the minds even of strangers, and persons unconnected with the Fancy. Upon the whole, it could not have been con ducted in a more respectable manner. The Beadles of the Parish attended, and the assistance of several Police-officers was necessary to protect the mourners f r om th e grea t pressur e of the crowd. The Champion of England was prevented from attending as one of the pall-bearers, in consequence of a restive herse, on the preceding evening, near Stockwell, having thrown him off, and fallen upon him. Cribb was taken up for dead; and he did not come to his senses for half an hour afterwards. On medical advice being sent for, he was bled, and conveyed home to his bouse. The Champion is pronounced out of danger, but seriously bruised about his shoulders and thighs. BIRTHS. On Saturday last, the 14th inst. at Hurst House, West Moulsey, Lady Berkeley was delivered of a daughter. A few days ago, the wife of Mr. Francis Collinson, of Cun. dall, near Boroughbridge, was delivered of a fine male child, having three thumbs. MARRIED. On Thursday, the 19th inst., at Clapham Church, Flintoff Leatbam, Esq., of Pontefract, County of York, banker, youngest son of John Leatharl, Esq., of Ropergate-house, Pon tefract, to Eliza, eldest daughter of Peter Blackburn, Esq., of Clapham-house, in the County of Surrey. On Thursday, at St. Pancras New Church, Ilfr. James Sey mour, of Gerrard-street, Soho, to Miss Mary Ann Whiston, of New Milman-street, Brunswick-square. On the 19th inst., at St. Peter's, Cornhill, Mr. G. K. Kent, late of Spitalfields, to Anne, eldest daughter of Mr. R. K e nt, of Graccchurch-street. On the 17th instant, at Lytchett Minster, Dorset; the-110. Charles Heath, M.A. Fellow of King's College, Cambridge, to Mary Ann, second daughter of the late James Pointer, Esq., of Hampstead, Middlesex. DIED. On Sunday last,_ at his hoiseinl.7pper Grosvenor-street, Sit George Duckett, Bart. aged 97. Yesterday, at Clayton-place, Kennington, Mrs. Alsiger, in her 77th year. On Thursday morning, aged 67, Samuel Bilke, Esq., of Stamford -street, Surrey, and formerly of the Stock Exchange. On the 1 lth inst., at Hastings, after an illness of many years , Mr. James Barry, aged 63. Printed and Published for the PROPRIETORS, at the Styr' Office, No. 112, Strand, by J. B. CARSTAIRS. iic Num to : it. l io G n O: wi. .. / 1 1 0 B E called Pation of a F n _ le riPtion G] "range Tree. ',,Tian.ston is Si 'root view. i ax well-stoc h t vorther Pf . t... , :1v50 n , Cap ItFl5-- - UCED TO Dow CA'NTERI FOUR INS .. 1 1AcEN By ':; TIRE fo 4fter t .n .t._LASG( "TOwnlipl, a nd all Par The .‘ E: ''ost•Ccraci V:,)g . Eigl Arerrybrhi:: o luipeth.; , 4 ,8 at Tv "guyil on Arid then MARLI „ s mrough A t, Ivsev, 11 •at Nfanic /3 c 1111)G: 'tad New BosTe 4 !ltnting - d Pilshy, I .441 Y Day I The " orses a {S cull;;;] l'oughbild ?ratithani its ottt ii i;ratest I t ies or pl bi n i sect KEND, "'hurley. I Afterriiol the"l 1? 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