The Sun. — London, England, 1822-12-05 00:00:00

7 At y :$44, 4 1- -\ 7 17 '4- 17:7 • e Ititta;jrt A -f - • 0 "e",•-Rs' 0 • who rre 14 $ PriTl /{ ) . l //11.--7;://-1,‘„ inle t inte d $t r ?) I ar/V Pt,tl%y n ~. ed is ai the fisted Ya rd • her. and The /, • NUMBER 9448. THURSDAY, DECEMBER 5, 1822. PRICE -SEVEN PENCE.• [ she coill - tier' the had bre ;on- ItIVINGTON'S ANNUAL REGISTER l a , or the Year 1821, is publis.hed this Day, in One `ge Volume, Bvo. price 18s. in boards. The Volu me f o r the Year 1820 (commencing with His '' re sent Majesty's Reign) was published in January last, Nice ig s. • • St. Paul's Church-Yard, and Waterloo-place. 11 E,DUCEIS FARES, arid UNEQUALLED TRAVELLING, r DOVER, DEAL, RAMSGATE, MARGATE, AND 'ANTERBURY. INSIDE COACHES, AND KEEP GOOD TIME, By S. A. MOUNTAIN and Co. S.Ab • - mACEN'S HEAD INN, SKINNER-STREET,. SNOW _ ____ HILL, LONDON. • following LIGHT POST-COACHES, &c. set out from the above Inn:— . The Telegraph, DOVER, Deal, Ramsgate, Margate, proadstairs, Canterbury, Feversham, and Sandwich, new ?at-Coach evere Morning at a quarter past Seven o'Clock. consequence of the deeided preference given to the above C rat e d the Proprietors are determined no expence shall be rated to render it the first conveyance on the Kent road. e., r3 BOMPTON, Chatham, Rochester, Gravesend, Stroud , h ingbourise, Rainham, and Ospriuge, every Moining at a quarter past 7, at Reduced Fares. Trrhe "Royal Eclipse," FALMOUTH, Plymouth, Exeter, Bodmin, Penrya, Ashburton, Totness, Weymouth, archest er , Dartmouth, and Salisbury, every morning at gta, through Honiton, Axminster, Bridport , Blandford , e e l , bridge, Basingstoke, Hartford Bridge, Blackwater, and 4 gshot. he 1 D Coach to WEYMOUTH, (driven through k i . , y ay )3,', Iwo Coachmen only), through Bagshot, Blackwater, Clogstoke, Overton, Whitchnrch, Andover, Woodyeats. ~'‘nthore, Salisbury, Blaudford, and Dorchester, at Five c lock in the Morning. g! ' he ` o Union," SOUTHAMPTON, Lymington, Lyndhurst, m olester, Basingstoke, Hartford Bridge,Rlack water, and S ee K s hut, New Four Inside Coach, every Morning at Isalf past i,!" ; arrives at the Coach and Horses, Southamptior, by This is a most delightful Conveyanceto the Isle of Jersey, Guernsey, St. Maloes, Havre de Grace, Cher - , tlr .ghs &c.—The Proptietors of the above Coach hope to P z ,„ - `'ve a continuance of that support which has hitherto been -'rerieneed since the commencement of the " Union." CH Th e " Champion," a •New light Day Coach to DOR te;''L,..I.ER, in 13 hours only, through Bagshot, Blackwa -I,„', Basingstoke, Overton, Whitchurch, Andover, Solis , ;Y , Woodseats, Cashmore, and Blandford, every Tues ;4'l, Thursday, and Saturday, at Fire o'clock in the . morn 'The Proprietors of the above Coach are' determined no t't,Pence all b e spared to resider it the first eunveyance on c Western Road. li - "AH and BRISTOL Post-Coaches, through Chippen -4", Caine, Marlborough,. Newbury, and Reading, every t,,erooon at one; arrive at Mr. May's, the Greyhound Inn, 15." , , and the London 'reverts; Thomas-street, and Swan, ‘e,.2 1 , early the next Morning.—Coaches to Wells, Bridge ' 7c,r, Taunton n e xt Mor n in g. • " Um 'ire:" a New LIVERPOOL Light Coach, only : tr -Vlight on ' the ' Road, carrying Four Inside, sets out Daily ; arrives at Liverpool next afternoon at Five, through triorn, Lathhury, Northampton, Welford, Lutterworth, Atherstune, Litchfield, Stone, Newcastle, Knuts- . Warrington, and Prescot. • C rI KEWSBURY Wellington, and Shiffnal, Light Post c'acli, every After:noon.—Guarded. "Union,"WEYMOUTH ; through Dorchester, Bland- S,ilishuiy, A n d over , O ver t on , B as i ngs t o k e , Hartford t _tidge, Bl ac k water, and Bagshot, new Pust C oac h , every Af p7lnoon.—Driven through with two Coachmen onryiThe 4ekets from Weymouth to Guernsey, Jersey, Cherbourg,. i kt ,„Maloe's, &c. every Wednesday and Saturday afternoon, o'Clock. h a ev,;•[INSTAPLE and Southmolton New Light Post Coach, 'C Monday, Wednesday, and - Friday Mornings at 7 o'Clock. e 'er s - " Rockingham," LEEDS light Post Coach , sets out gies„lfternoon at Four; and passes through Baldock, , Big- Gr Eaton, Buckden, Stilton, Wansford, Stamford, Iteti' i aln, Grantham, Newark, Tuxford, Markham Moor, /,; ( ,td, Ilawtry, Doncaster, and Ferrybridge, to the Gulden 14 1 ,!" Leeds, next Afternoon, at Reduced Fares.—Log tlteate and Packages only id per 11).—Notwithstanding the e io () Maso n Expedition of this Coach, it is allowed to be the agiceable and complete Public Conveyance on the ti . " Road, being unequalled by any other. Af e 4l-11 towoAT'E and Ripon new Light Post Coach, every q i r nuon at Four, and Eight in the Morning. so 'ASGOW, Longtowts, Gretna-green, Anuan, Dumfries, 4,141111 M, Thornhill, Sanquhar-Kiln, Cartinuck, Kingswell, .0 1 1 Parts of Scotland, a light four inside Post Coach daily. 1i 4 , 1 % 1 c "Express,' to YORK, Scarborough, Whitby, Shields, t i ,i, 4 ue rlatl,Neweastle,B4 Edinburgh, a New light four-inside ie;` 40 aell, with a Guard throughout ; sets out every Morn -1: a t Eight o'Cl oc k, by way of Newark, Retford, Doncaster; l ' t Znridge, Thilcaster; Darlington, Northallerton, Durham, la reth,' - and Berwick, and arrives at York the next Morn at Twelve o'CloU. Passengers finding-themselves fa- Se i l le d on the journey, my rest what time they please, th kt a best proceed withou asy additional Fare. ` I BLBOROUGH and Swindon, four-inside Day Coach, I , Na ugli Aldhourn, Reading, Lambourn, Parton, Lyilington spa t l, Wootton Basset, Rainsbury, Hungerford, Newbury t Maidenhead. Iie, ( I I 4 IDGENoRTH, Walsal, Shrewsbury, Salop, and'Holy ew Light Four Inside Coach, every Afternoon. - 4 q,ON, Horncastle, Spalding, Peterborough, Stilton, a l l ` L 'ogdon, Caxton, Buckland, and Ware Day Coach, to 4 41, s h °Y, Louth, Grimsb, and Hull, Morning, at Six. The .. aY Coach to Boston and Horncastle. " Express," a New Light Four4nside Poat Coach to , h o , LISLE, Penrith, and , Whitehaven, goes with Four R, t , s es, and a Guard all the way, passes through Appleby, te ll u gh, Bowes, Greta-bridge, - Richmond, Catterick, 130. (4 a g i niridge, Fsrrybridge, Doncaster, Newark, Bawtry, 'et, l ' t harn . , Stamford Greetham, Stilton, and Biggleswatle. tt t o ut its the Morning, and performs the journey with the N l a t e st facility. Passengers ' detained on thu Road by busi g,Or Pleasure, hare the peculiar advantage of their,Seats isl e " secured in the next Coach.—The only Coach to Car - Ch n , t ADAL, Lancaster, Preston, Kirby-Lonsdrde, Bolton, Afr:,.'tY, Or inskirk, and Carstang Light Post Coaches, every rig 1.1 t 0 " Royal E x p ress ," New Light Four Inside Post Coach, ?r‘,.., v.- ERPOOL, Warrington, Prescot, Congleton, Lawton, 6 eldßuAgly, Knutsford, Stone, Stafford, and Litch arrir', Only e Night on the Road), every Afternoon; tle kt at Of Or Saracen's Head Inn, Dale-street, Liverpool, li , e .r . , ening. ktiq 41 \ EFIELD Four inside Post-Coach, every Morning Aller noon. - r ER, Newport, Whitechurch, Tarporley, Nampt- Aft 4 N rorthwich, and hliddlewich Light Post-Coach, every gte, DERLAND, Stockton, and Yarn r Light Post Coach, ' 4: M ta orning, to theress George Inn, S N underland. " Ex " to MACHESTER Winslow, Newcastle, p Witlsal, - Wolverhampton, snd Knots x.,!ew Four Insid e P o st-C o a c h, ever y Afternoon.—Only W ;.,".,it on th e R oa d !v' -} "FIELD and Rotherham New Four-inside Post-Coach kt ack Y i n M°roin , g, called " The Express," and also " The g h aro,' at Four in the Afternoon. :=os et "Royal Express," New BIRMINGHAM Light Post l'asses' sets out every , Afternoon, carrying Four Inside only ; 17, 4 1•E rit... , 0,11gh Warwick, Leamington, Sontham, Weedon, Hull - street, ford, and Towcester, to' the Saracen's Q ,St ie ! 1 -street, Birmingham, early the next Morning. airy Express,"' a New Light Post Coach, to HULL, Lin- Howden, and Duncaster, every Morning at ‘11 1) tho Clock, t o th e C ross K eys , M ar k et - p l ace, Hull; and 1,: 1 7,,:` Rockingh am " in the Afternoon at Four o'Clock. I' ',FORD Ware, Hoddesdun, and Cheshunt Coach, 111„ 1 ,_. ig. ML A V- A 11 A M and Edmonton Coaches daily, at. Eleven, sorast Two, Five, and Eight. lg,, 'AA Reduced Fa-es to -Leeds, York, and Doncaster, ' a igt arid P - I aOaces at on.y-4d per pound. A OUNTAIN and Co. respectfully acquaint ; their tb p: r nd the P üblic, that they wiil not be accountable fer I t 'teth,,"is ! Passenger's Luggage, Writings, Plate, &c. of Ftve Pounds Value I if lost, stolen , or damaged, un itt4,:.(l as such, and the nsurance paid accordingly, at "'s Head Intl, Skinner-street, Snuw-hill, London. TO MORROW. THREE Days Drawing of the present Lot tery are now over, and Three Days yet remain. The Fourth Day of Drawing is TO-MORROW. All the Tickets now .Undrawn have an . unusually good chance of obtaining great Prizes, as the Wheel yet contains all the highest Capi. tals and a great proportion of those of smaller value, in cluding 3 - of £20,000 2 of £2,000 2 2 Also 71 of £3OO, and £2OO. ALL MONEY PRIZES. SWIFT and Co. ate Selling iTnd;;;;iickets and Shares, by which any of the above great Prizes may be obtained, at their Old and Fortunate Offices, No.ll, Poultry; 12, Char ing-Cross; and SI, Aldgate High-street. A great proportion of the Tickets now in the Wheel must be Drawn TO-MORROW. TO-MORROW. CARROLL informs his, Friends and the Pub lic that the Tickets have greatly increased in value after each Day of Drawing; for altbongb THREE DAYS ARE OVER, No Prize above Two Thousand Pounds has yet been Drawn. TO-MORROW is the Fourth Day, when a 'very large proportion of the 107 CAPITALS now. in the Wheel, will, in all probability, tie decided, as a great num ber of Tizliets MUST be Drawn on that Day.—Tbe follow ing Capitals are all Floating in the Wheel, viz. :- 3 10,000 19 2 2 Tickets and Shares are Selling in great variety, warranted Undrawn, at CARROLL'S, truly Fortunate Offices, 19, CORNHILL, and 26, OXFORD-STREET, where he has re cently Sold _FIVE PRIZES of ./:-30,000 and FIVE of £20,000 ! On Monday will be published, In Three Volumes, Bvo., price 365. ASECOND SERIES of CURIOSITIES of LITERATURE; consisting of Researches in Literary, Biographical, and Political History—of Critical and Philo sophical Inquiries—and of Secret History. By I. D'ISRAELI, Esq. Printing for John Murray, Albemarle street. At the same time will be published, the Seventh Edition of the First Series. 5 vols. post Bvo. price 355. TOOTH-ACHE AND EAR-ACHE. "DERRY'S ESSENCE has received the sanc tion and support of the most Distinguished Person ages in the kingdom, together with the united Testimony of the first Physicians in Europe; and numerous favourable cow, ments in highly respectable Medical Journals, where it has been declared to•he the "Best thing ever discovered for the Tooth-ache and Ear-ache."—lt instantaneously relieves the most excruciating Pain, preserves the Teeth sound and firm, prevents further Decay, effectually cur e s th e S curv y i n th e Gums, fastens loose Teeth, and renders' them Firm and St r viceable to the latest period, and effectually Prevents the Tooth-ache. Sold in Bottles, at Is. I id. and 2s. 9d. by Butlers, Chemists, No. 4, Cheapside, St. Paul's, and 220, Regent-street, . (near the Argyle Rooms), London; 20, Waterloo-place, Edinhurghi 34, Sackville-street, Dublin ; and by the principal Perfumers and Booksellers throughout the United Kingdom. • MAXIMS. [Translated from BAL TASAII GRACIAN, a Spanish Writer whojourished in the seventeenth century.] " It is better not to miss one's aim once, than to succeed - well' a hundred times." When the sun shines no one observe's it; but when he is eclipsed every body notices it. The vulgar do not reckon the blows thou givest, but only those which are ineffectual. Wick ed men are more known by murmuring complaints than good men by approbation. Although success may accompany seve ral efforts, yetit will not efface one failure. Be, then, not de ceived ; and be assured that envy will remark all thy faults, but not one of thy praise-worthy actions. " Let the end be pursued." Some are industrious only in beginning, and leave every thing unfinished. They invent, but they do not continue to the end ; their minds are so inconstant. They never acquire reputation, since they have no steadiness to complete their de signs. The defect of Spaniards is impatience exhibited in their , pursuits, whilst the Germans, on the cont rar y, are constant an d` patient in them. This is their virtue. These see the end of affairs, but affairs see the end of those. The former labour until they have conquered a difficulty, and then they remain contented with having conquered it ; they know not how 'to profit by the victory ;they show they can do it, but they show also they will not. II the design is good, why not finish the work ? If bad, why begin it ? " Never give satisfaction to those who do not demand it." If too great satisfaction iS given even to those who,ask it, that is a fault. To apologise before required is to accuse oneself.— If one is let blood when in good health, it indicates sickness, to say the least of it. A voluntary excuse awakens discon tentment that slept. A prudent man will not show in the slightest degree that he perceives'a suspicion arising in another, since it is encouraging resentment at his own expence ; he will only endeavour to • stifle that suspicion by honourable conduct. " Abuse not favours." iio not employinuch interest to obtain trifling things, l es t you waste what might be useful. Great friends are only to be solicited on important occasions. Let the sacred anchor be pre served for the last extremity. If we are prodigal of the great when little is sought, where will the resource when necessity urges ? In these times there is nothing more valuable than patrons *, nor any thing more precious than favour; it makes anti mars, even to giving intellect and taking it away. For tune has always been as cruel to sages as Nature and Fame have been favourable to them. It is better to preserve friends than riches. The first step -to ascend to fortune is more difficult to mount than a mountain. All the difficulty is in this first ascent, because Favour, the Prime Minister and confidant of Fortune, is there posted. She holds out her hand to :assist sonic in their ascent, but never aids a good man, nor one who really merits it. She invariably selects the worst. As soon as she perceives a fool or an ignorant man, she beckons him to her, but she permits a thousand wise men to wait. And although every body complained of such condlict,yet it amounts to nothing, since she unheedingly hears all that is uttered.= - Why, 0 Riches, do you quarrel with good men ? Why do you not aid them in time of need? Is it true, as every body cries, that you are always with the vulgar, and that you accompany the greates scoundrels upon' earth? To these questions Riches replies, " If good men see me so seldom among them, it is their fault, and not mine. It is because they do not earnestly seek me.— They deceive not; they cheat not; they lie not; they cajole not ; they corrupt not ; they do not suck the blood of others ; they do not flatter ; they are not intriguing men. How then can thay become possessed of me, since they neglect the means of obtaining me ?' Do not always olloiv the same track." It is well sometimes to vary your course in order to frustrate curiosity, especially that of your envious neighbours ; for if they remark the uniformity of your actions, they will learn how to injure your enterprizes. It is very, easy to shoot the bird which flies in a direct line, but not so easy the one whose flight is in an irregular one. Neither should the same trick be always resort ed to, since it would soon be discovered. Malice is continually on the watch, and it requires much skill 'to elude its prying search. A good player never plays the card that his adversary expects, and still less the one he wishes. , * Neque enim cuiquam, says the younger Pliny, Ep. 23. lib. 6. tarn clarum statim ingenium est, ut possit emergere, nisi illi materia, occasio, fautor etiam commendatorcpre con tingat—i. e. There is no one who has sufficient intellect and good fortune to advance himself, if he has not, besides the matter and occasion, also a patron to introduce him into notice, LAW INTELLIG ENCE. COURT OF KING'S BENCH, DEC. 4. COOPER V. GARRATT, ESQ.. This was an action brought by the plaintiff; who was a coach maker, residing in Oxford -street, against the late Sheriffs of London and Middlesex. • The , Sheriffs were merely nominal defendants—the real defendant being one of their Officers. The case was conducted on the part of the plaintiff' by Mr. GURNEY and Mr. GODSON', and by Mr. MArin.Y.Avr for the defendant. It 'appeared, that in the month of May, 1820, a person named Ashby, a livery-stable-keeper, had hired a barouche from the plaintiff. An execution having issued against Ashby's effects, the carriage was taken along with his goods, and sold by auction, although the plaintiff had sent notice to the auctioneer that the vehicle was his property. Witnesses were called to prOve that Mr. Ashby had hired the barouche, and made several payments on account. As the de fendants were unable to make any substantial defence, his Lord ship directed the Jury to find a verdict for the plaintiff: Verdict for the plaintiff—Damages 311. 10s., YOUNG, ADMINISTRATRIX, r. ILIRLI\ G. This was'an action brought by the widoKand adminis-tratrix of the late James Youngoo-recover the sum of 501. from the defendant. The money was alleged to have belonged, to the deceased, and remaining in the hands of the defendant at the time of the death of the intestate. ' Mr. DIARRYATT conducted the case for the plaintiff, and Mr. GURNEY for the defendant. It appeared that the deceased lived with his father, who kept a public-house at Bromley, but had no ostensible means of livelihood, and was in a very bad state of health at the time of his marriage. His constitution appeared to have been so com pletely exhausted, that in less than 24 hours after he made the plaintiff a wife she became a widow. On the part of the plaintiff, the father-in-law of the deceased proved that the defendant had admitted that he owed a sum of money fo the deceased; though not quite 60/. For the defence, the father of the deceased was called., who proved' that his son could never have possessed such a sum. The Lord , Chief Justice ABDOT remarked in summing up, that the question for the Jury to decide was whether the de ceased had realy lent this money and that their determina tion must be founded on the opinion they should form firom the conflicting testimony of, the father and father-in-law of the de ceased. The Jury, after a short consideration, found a verdict for the plaintiff for 451. WILLS v. irunsT. This was an action brought by the plaintiff, who kept a lodg. ing-house in 3lortimer-street, Cavendish-square, for the sum of 74/. due to him by the defendant for board and lodging. Mr. SCARLETT conducted the case for the plaintiff; and Mr. WILDE that for the defendant. It appeared that the defendant was a young gentleman with considerable expectations from his relations. He had contracted 'several debts before his twenty-first year. These he discharged us far as his means would admit, and, when these were exhaust ed, one of his creditors, who still remained unpaid, put him into the King's Bench Prison. Among the demands which he was unable to satisfy, was the above-mentioned debt, and to re cover that the present action was brought. A female witness was called by Mr. SCAIILETT , who swore that the defendant, after he came of age , h a d promised to pay the debt. Mr. WILDE, on the . part of the defendant, contended that this demand could not be considered as due, for necessaries, as he had an opportunity of living at his father's house if he had chosen. That the Jury must observe under what disadvan tages the defendant laboured, as he had not an opportunity of producing any evidence whiCh could contradict the witness called on the part of the plaintiff, as she was the only person present besides the parties concerned. They should, however, carefully consider her testimony, as she had beerminwrrect in several points of her statement. The father, of the defendant was now called, who.stat6d that his son might always have resided at his ho us e, a nd in fact that it had always been his desire that he should. The CHIEF JUSTICE having summed up the evidence, ob served to the Jury, that they were to consider whether this was really a debt due for necessaries, or merely contracted through the extravagance of the defendant. If the former was their opinionolt was their duty to. find their verdict for the plaintiff; but if the latter, for the defendant. The Jury, after a s hort consid era ti on , returne d a ver di c t f or the plaintiff for 74/. EVANS V. FLIGHT. This was an action brought by the plaintiff, who was a haber dasher, in Marchmont-street, Cavendish-square, against the defendant, for the sum ofllo/. for which sum his wife was in debted to the plaintiff. MARRYATT conducted the plaintiff's case, and Mr. GURNEY the defendant's. It appeared, that the defendant and his wife were separated for some time antecedent to the incurring of this debt. The lady had obtained these goods from the plaintiff,. and referred him to Tier husband for payment. On application to him, he refused to discharge the debt. The action, therefore, was now brought to recover the amount of the goods. A shopman of the plaintiff proved the delivery of the goods to Mrs. Flight, the application to her husband for payment, and his immediate refusal. Another witness was also called, who proved, that on apply.. ing to the defendant for the clothes of Ins wife, he had refused to deliver them up, alleging as his reason, that he had met her coming out of a house et suspicious character with another man a short time before, and that it was on, that account he had se parated from her. The eftiEr JUSTICE. told Mr. Marryatt that there were but two cases in which the husband was obliged to pay the debti contracted by his wife ; one, where they were living together, and the debt had been incurred with his consent ; and the other, where the debt was for necessaries supplied after he had turned her out of doors without just cause. lie therefore wished to know whether Mr. Marryatt would think it expedient to put his case to the Jury, on the ground of want of " just cause," after the assertion of the husband ? Mr. 111 An RYATT said, that on considering his Lordship's opinion, he would submit to a nonsoit.—Plaintiff nonsuited. CAPES V. ELLIOT. This ac!ion was brought by a bookseller in Fleet-street, to recover the sum of 151. 17s. 6d. for books supplied to a lady, whom, it was alleged, the defendant had recognized as his wife in the shop of the plaintiff. It was proved that a gentleman, called Mr. Elliot, accom panied a lady to the shop of the plaintiff where she agreed to subscribe to the library, and bargained for the purchase of some books. She asked the gentleman in what name they should be sent ; he said " Elliot," and they were accordingly placed to account of Mr. Elliot in the plaintiff's books. The books were ordered to be sent to No. 156, Tottenham-court road, where subsequent purchases of the lady were also de livered. The shopmen of the plaintiff, who proved his case, were asked by Mr. Gurney to look round them, and see if they could point out.the Mr. Elliot who accompanied the lady, but they were unable to do so, nor, when the defendant was shown to them, could they tell if he were the - same person. Mr. GURNEY said that the plaintiff's had undoubtedly mis taken the person. The Lord CHIEF-JUSTICE observed, that, some reasonable evidence of the identity ought to be given. Had it been shewn that the defendant was lodging at the house' whither the books were sent, that would have been some evidence for the jury to consider; but he thought at present the case was defective. Mr. SCARLETT, for the plaintiff, admitted that he could not carry it farther.—The plaintiff was nonsuited. COURT OF COMMON PLEAS, DEC. 4. SCIPIO V. ANGUS* AND GREY.-ASSAULT AND FALSE IX- PPY6OIEN T. This was an action to recover damages from the defendants, for having assaulted and falsely imprisoned the plaintiff. The circumstances of this case, as stated by Mr. Sergeant RULLocx in his address to the jury, were these :—The plain tiff is a black man, a native of South America. In March last he was living as servant with Captain Homan, at Alpha- Cottages, Regent's-Park. The defendant, Angus, is a green grocer and market-gardener, and was at the time of this trans action a constable. -- The other defendant, Grey, is a stable keeper, On the 11th of March, the two defendants went to Capt. Homan's house, for thepurpose, as appeared, of demand ing a debt due from him Ao Grey,_ for - the hire of a horse and gig.• On knocking at the door it was opened by the plaintiff; who, in reply to the defendants' inquiries, said his master was • This was the defendant in the cause of " Dawson v. An: gus," noticed in our Paper of yesterday. The name was then erroneously giver." Angers." not at hoLne. Defendants insisted that he was, and demanded an entrance to the house. This plaintiff refused,' and wanted the parties to retire; they per s i s t e d i n en d eavour i ng to f orce their way to the hall door (they were at this time within the garden-gate ;) plaintiff resisted, and succeeded in shutting the garden-gate, and putting Grey out. Angus maintained posses sion of his static:. inside. Angus tlgen struck the plaintiff' seve ral blows with a constable's staff, sthich he drew from under his coat ; the blows were so violent as to break the staff and nearly the p.laintiff's head at the same tithe; plaintiff bled most pro fusely. Grey soon after came in over the wall, and struck plaintiffalso. At length the two succeeded in getting him on the ground, and after severely %kiting him, Angus drew a pair of handcuffs from his pocket, Aich after a struggle he suc ceeded in placing on his hands, and in that state be took him to Marylebone police-office, from which he wassommitted to pri son to take his trial for an alleged assault on the constable, and for obstructing him in the, dischaige of his duty. He was after wards tried and acquitted on this charge. For the assault and illegal imprisonment he now sought compensation. To prove this the Learned Serjcant then called James Centel, who said, that on the day in question he was attracted to the spot by hearing the plaintiff roaring out" mur der ;" he got over the wall, and saw the defendant, Angus, and the plaintiff having hold of - each other by the collar. He then described the severity with which Angus struck the plaintiff, and his bleedhig very much : so much so, that witness thought he would have died. He saw the handcuffs put on plaintiff, and. followed him partof the way to the police-office. On his cross examination, witness said he could not tell which struck first.— They appeared to have been in conflict before witness came up. This evidence was corroborated iii the main facts by another witness named Parker. The defence set up by Angus was, that the plaintiff was the first assailant, and that he , (defendant) struck in his own de fence, and for his personal protection. The defence of Grey was, that the plainff was Striking and severely beating Angus, and that he only interfered to keep the _ _ To support this, Mr. Serjeant VAUGHAN (who had addressed the Jury for the defendants) called John preen, who said he came up early in the transaction, and spoke of the extremely violent conduct of the plaintiff: lie also said he heard Cantel (the first witness, for the plaintiff) say on the day of the transaction, that if he (Cantel) had not gpt over the wall in time, the black would have killed Angus. He heard the black call out for a knife in the scuffle. Two other witnesses were called, who swore that on the day before the trial for this transaction at Clerkenwell Sessions, they heard theplaintiff give an account of it to a friend of hi s , who sat with him in a public-house. The account which . (according to these two witnesses) plain tiff gave was this—that the defendants had called to inquire whether his master was at home ' he denied him, and wanted to put the parties outside the garden-gate, and that he began to butt Angus with his head, saying, that's the way we do in my country." These witnesses swore positively that the plain tiff himself admitted that he was the first assailant. They de scribed him as a very powerful man. Mr: Sergeant II ULLOCIC addressed the Jury in reply ; after which- Mr. Justice Bunitouui minutely summed up the evidence, and'the Jury, after consulting together.for about ten minutes, returned a verdict for the plaintiff, _damages 201., as against both the defendants. This case occupied the whole of the day. • PREROGATIVE COURT, . Drc. 4. This being the by-day of the term, a great many unopposed and other causes came on for final adjudication, but nothing occurred that appeared to possess any public interest. In the case of Bell against Armstrong, in which the Court had, in a former term, granted probate of the will of Mr. W. Bell, and rejected a codicil that had been set up by the next of kin, who now appeared, praying that the executor under the will might be again put upon the proof- of that instrument, Sir JOHN Nictioi. said, that though in very many cases the Court had not allowed such a lapse- of time as that which had . intervened in the present case, to protect an executor from beinga second time put on proof of a will of which he hail formerly taken probate, yet in all such instances the Court had proceeded on the facts pleaded by such next of kin as against the validity of the will. Now, in the present case, the party who made the application, and was interested in the establishment of the codicil which the Court had rejected, had never disputed' the validity of the will, upon which, in fact, the validity of his own codi cil must necessarily have been founded, by his own repre sentations of the matter. There were circumstances, however, in this case to induce the Court to direct this executor, who had appeared under protest, to be a second time put on proof of the will, which had been already. recognized and admitted by the other party. The protest it accordingly overruled. The Court would retain the original cause, provided the legacy which had been received under the will by the other party (the next of kin and a legatee) were first paid into Court. And this was the rule laid down in " Newhall and Weeks," in " Iloare and Spencer," in 1796, both cases happening in the Prerogative Court ; in " Hoffinann against Norris and White," in Hilary T., 180.5 (Phillimore's Reports); in " Pyefield and Palmer,' 1667 ; in " Ashdale and Ifoare," 1678 ; and in " hangdon and Brookman," in 1777. OLD BAILEY. EXTENSIVE BOBBERY.-E-YeSterdak Joseph Harris, late a private sdldier in the 2d Regiment of Foot, was indicted for stealing in the dwelling-house of Colonel de Burgh, of that regiment, to whom he was batnian, a diamond ring value 100/., divers Bank of England notes for the payment of 254, anti sundry sovereigns, his property.--The prosecutor stated the circumstances of the robbery, which have already 'been be fore the public.—Wm. Rich, the deputy constable of Leeds, where the prisoner was apprehended on the 11th of November last, proved the finding on his person of a diamond ring, a watch, a 10/. note, a purse with 35s.'Ed. in it, and an empty green silk purse. ,This purse, diamond ring, and note, the Colonel identified as his owa.-111r.. Harding, a jeweller in Ox ford-street, proved that the watch found on the prisoner at Leeds was bought of him in November last for N. by the pri soner. The prisoner paid for it with a BV. Bank of England note. This note was also identified by the Colonel as his pro pertv.—Mr. Justice BAYLEY summed up the evidence, and the jury gave in a verdict of Gni‘ty. SURREY SESSIONS, Drc. 4. AN ATTEMPT TO MURDER.—Timothy Sullivan, Patrick Daly, Thonias Daly, Patrick Roche, Bridget Daly, John Sul livan, and Julia Azell, were indicted for violently assaulting and wounding Richard Bolt, with the intent to murder him, on the 15th of October, at twelve at night, in Paviour's-alley, Southwark. It will be recollected that we gave the evidence in this case a short time ago in our Police Report from Union Hall.-_A num ber of witnesses were examined, who fully substantiated the charge against the prisoners. The CHAIRMAN, in summing up the evidence, said it was pretty clear that the prisoners' intention was nothing short of murdering the man, if they had not been prevented. The Jury found the prisoners Guilty. The Coutur sentenced John Sullivan to twelve months im prisonment; Patrick and Thomas Daly - each to six months; Timothy Sullivan to fOur months ; and Bridget. Daly to one month imprisonment; and all of them to be kept to hard la bour for their respective terms at Brixton. During the trial, Bridget Daly fainted away several times. Since ihe'had been in prison, she said, one of her children died, and her family, which was large, she also said were literally naked and starving. The Court inquired whether the child who had died had not been severely wounded in the above riot ; and she admitted that it had, but added that it had been ill four months previcusly. THE Dwain CURED.—On Thursday last a man was brought up to the Guildhall of this town (Bury) before the Magistrates at their sitting as a vagrant. The oflirers had found him in the town, and on questioning hiu it appeared that he was dumb. To the inquiries of the Justices he answered only by signs, and on opening his mouth a short stump of his tongue was all that could be seen, presenting a singular appearance of deformity. After a length of time his mittimus was made out, and he was asked what he had to say for himself why he should not be committed, when, to. the astonishment of most of the persons present (for some of the Magistrates had suspected the truth and laid the trap for him), he exclaimed that he had been taught the imposture by his mother, and had acquired the art of doubling Ins tongue back so as to have the appearance de scribed. lie would now have been glad if his tongue could have served to keep him out of Bridewell, but it was too late.— (Bury Post.) FOREIGN INTELLIGENCE. PARIS, DEC. 2. ROYAL ORDINANCE. cc Lours, &c.,—Wishing to give a testimony of our favour and satisfaction to our well-beloved and right trusty Viscount Matthieu de Montmo rency, our Minister . Secretary of State for the Department of Foreign Affairs, we have ordered and order as follows : " Art. 1. Our well-beloved and right trusty Viscount Matthieu, de Montmorncy is created Duke. " 2. This title is attached to his dignity of Peer. " 3. Our well-beloved and right trusty Viscount Mitthieu dinfontmorency shall consequently enjoy, and after him his children, posterity, and lineal descendanti, born or to be born in lawful marriage, shall enjoy, fhe rank and honours attached to the said title of Duke, by order of primogeniture, subject to the conditions of our svell-Veloved and right emit) , Vis count de Montmorency conforming to the laws thereto relating, particularly to the provisions of our Ordinance of the 19th of August, 1815, and moreover of going before our Keeper of the Seals, Minister Secretary of State for Justice, to obtain our let ters patent necessary in this case. " Given at the Castle of the Tuileries, December 1, in the year of Grace 1822, 'and of our reign the 28th. (Signed) (Countersigned) " LOUIS. " JR. DE VILLELE." Those w i ll° did not find the article of the Mo niteur sufficiently clear, will not be much en lightened by the Etoile. The latter paper an. nounces that it is well informed ; but that ,says nothing, because it waits until our Cabinet shall have " put forward its diplomacy and prepared its armies." We thought that Fralice had 'put forward her diplomacy at the Congress of Verona, and that for a year past she had been preparing her armies : but it seems we must wait for another exhibition of diplomacy and military force. " In peace," says the Etoile," France will be ready to make war." We hope, however, that this predic tion will not be realized, and that France will not, during peace, be burdened with the ex pences which the necessity of being ready for war must impose. This would be promising =us all the inconveniencies of war, without any of the favourable chances to which it might give birth. Some men may find their account in such a state of things, but assuredly those who pay taxes will not. The Etoile adds—" If France make war, she will always be ready to make peace." Would it not be better to adopt this pacific dis position in the outset, and since it is only meant to return to a state Of peace, to keep in it rather than run the 0 - lake of being brought back to it after numerous and painful sacrifices ?—(Courier Francais.) The Etude announces that the first thing 'done by M. de Montmorency, Minister of Foreign Affairs, on returning from Verona, was to deli ver to M. de Marchangy an autograph letter of the Emperor of Russia, which contains the most flattering expression towards that Magistrate.— The It equisitory, which has obtained M. de Marchangy this mark of Imperial favour, was translated into the Austrian Observer, and copied into the Conservatcur of Petersburgh. It appears that M. Pozzo di I3orgo will not return so soon to Paris as was expected. He left Verona on the 23d of November to visit Corsica, his native country, where private affairs call him. It is said he will remain only 48 hours there, and will return immediately to Paris. The per sons who accompanied that Ambassador to Ve rona are expected at Paris on Thursday or Fri day next. M. Jabat, who was Secretary of State for the Marine in the Spanish Ministry formed after the establishment of the Constitution of the Cortes, has been appointed Ambassador to England, instead of Zarco del Valle, who is to be other wise employed. ( From Me Courier Francois.) OBSERVATIONS ON THE ARTICLE IN THE MONITEUR or SUNDAY. The Congress has changed its place: it is no longer at Ve rona. According to an article in the Alfoniteur of this day, it will be for Spain at Paris—for Italy at Vienna—and for the East wherever the Emperor Alexander may happen to be. A new political system is to take the place of the old. Instead of admitting in Europe one single interest—that of the Holy Al liance—the new system of policy reduces every thing to the particular interests of each separate State. If there still exist any community of relations among the Powers, it is now only to be found in the decorum of diplomatic forms; nothing, in fact, being so difficult to reconcile as former interests which have produced connection, and present interests which may lead to a rupture. The following are the words of the Atgniteur, which have given rise to these reflections ' " We should find, perhaps, a sufficiently solid basis for new conjectures, in the assurance that France has occupied at the Congress of Verona the place which belongs to her among the Monarchies of Europe ; and that the Continental Powers leave to her the end and termination of the affairs of Spain, with the intention of concurring with all their force in such plans of exe cution as France shall be in a situation to adopt. In taking this resolution the high Continental Powers must have acted on an idea so simple and so just, that it will strike all reason able persons ; they must have confided the decison of a ques tion which interested them all in that Power whose interest was in this question the most immediate." Thus, as we conjectured, there is to be no general dcclaraticn, and Congress is determined to decide nothing positively, fur fear of deciding too much. Each Power repaired to the Con gress with an interest of its own, and in the same way leave it. France carried thither a proposition which she will bring back, without its being either condemned or approved ; Austria will retain her desire of peace, Russia her projects, and England her fears. This is the conclusion which may be drawn from the article in the Moniteur, and it is what was to be antici pated from the situation of the different States. When Ca bitsets arrive at this point, the questions in discussion are close