The Sun. — London, England, 1822-11-27 00:00:00

- F 1 j ~..:-.y ~ ; ;7'4 - 1 ~ Ci 1I: /W ~ I ..:, ~~ - • • 77 . 0 7 . & 0 ^tr I ' A 4' 74 a\ N. #,‘t, , ' " \ • • ) 1 49 • - j" t3-417si k .4 )z Info;) if 1 t ?ar 4 • L NIJAIBLR 9441. WEDNESDAY, NOVEMBER 27, 1822 PRICE SEVBNPENCE. It I VINGTON'S ANNUAL REGISTER c e „, b fiir the Year 1821, will be published the 2d De- T h er : in One large Volume, 800. price 18s. inboards.. last he v. " ll . l me for the Year 1820 was published in January `Pau, prier I Ss • ccc - ,Nov.. Tr di Yard Nov 26 -1.7,,,CED FARES, and UNEQUALLED TRAVELLING, C D OVER, DEAL, RAMSGATE, MARGATE, AND AN TLRBURY. t ' r(A.TIi. INSIDE COACHES, AND KEEP GOOD TIME, A MOUNTAIN and Co. A--.IO EN'S HEAD INN, SKINNER-STREET, SNOW HILL, LONDON. I TE following LIGHT POST-COACHES, &c. set out from the aboveptu :- 1 3r " Telegraph," DOVER, Deal, Ramsgate, Margate, ilew Post. - CantM-bury, Feversham, and Sandwich, , la t"Voacli—every Morning at a quarter past Sereno (1 , , 4 , -° . t ti t 'etiuence of the decided preference given to the spare d , r t eto Proprietors are determined no expence II be "to ndei it the first conveyance on the Kent road, 81/r 1 S4„IPTON, Chatham, Rochester, Gravesend, Stroud, gua r " b ourne, Rainham, and Ospringe, every Morning at a er Past 7. at Reduced Fares. l'rap he "Royal p F se " FALMOUTH, Plymouth, Exeter, Bodinio, c lk l •tiryn, Ashburton, Totness, Weymouth, -S ee es ter, ter, Dartmouth, and Salisbury. every morning at Sto through Honiton, Axminster, Bridport, 13 and fod , )3 ag e s l i i " 'j t i dge, Basingstoke, Hartford Bridge, Blackwater, and 'v4i t i b e only Day Coach to WEYMOUTH, (driven through T wo Coachmen only), through Bagshot, Blackwater,. (;: h u Overton whitchurch, Andover, Woodyvs , , '''cl, - „ 4l ,re, Salisbury, Illantlford, and Dorchester, at Five in the Morning. ( ' S yron," l yj SOUTHAMPTON, Lyruington, Lyndhurst, 11.4.-I"eter B;singstolte Hartford Bridge, Black water, and St" 7o , New F in:lnside Coach, every Morning at halipast 17'it,"'; arrives at o the Coach and Horses, Southampton, by This is a Most-delightful Conveyance to the Isle of t'4,, J ersey, Guernsey, St. Maloes, Havre deGrace, Che t r ( -- , Proptietors of the above Coach . hone " e contuanceothat suport which as hithei been r'llenced s i n n ce the commencement of the h " Union. t " o ~" Champion," a New light Day Coach to DOR- K i er in l3 hours only, through Bagshot, Blackw.a -,,"44 - , 4 , s , l nritolte, Overton, Whitchurch, Andover, Salis -45" "' ouch eats Cashmore, and Blandford, every Tues ii.) Tl,iurs4v and Saturday, at Five o'clock in the morn s. Ihe Prthiricto - rs of tie above Coach are determined on I lt w ee 'hall be spared to render it the first conveyance esteru Road. tsk i , „ '' 4 l and BRISTOL Post-Coaches, through Chippen -1,• e'r„,7 4 ne, Marlborou.h, Newbury, and Reading, every • - "o) at e • arrive v at Mr. May's, the Greybouud d n Tavern, Thomas-street, and Swan,. ea rly ha ler ' i t i he o n n ex o t Morning.—Coaches to Wells, Bridge- , 'l' ' gunton, and Plymouth. Ine Vaipire ' " a New LIVERPOOL Light Coach, only , ' 6 lit Orr the Road, carrying Four Inside, sets out Daily Awe ; arrive s at Liverpool next afternoon at Five, through Latli.orry, Northampton, Welford, Luttcrworth, 3 , Atiterstone,Litchfield, Stone, Newcastle; Knots stirarrington, and Present. i)atIt' EW SBURY, Wellington, and Shiffnal - , Light. Post every Afternoon.—Guarded. "Union,"WEYMOUTEI; through Dorchester, Bland- Salisbury, Andover, Overton, Basingstoke, Hotford illackwater, and Bagshot new Post Coach, every,Al aetai.—Driven th roug h with ' two Coachmen unly.— , The nits from Weymouth to Guernsey, Jersey, Cherbourg,: &c. every W e d nes d a y an d S a t ur d a y afternoon, „ o'Clock. t • v 7) 4 1 - 4APLE and Southmolton New L . ight Po:t , Co_ach, ,u l, 4 av Wednesday, and Friday Mornings at- , o Clock, A ha " LEEDS light Post Coach, sets ont Pest,tdß --f rtrn e-- "; d' s through Baldock, Eaton, at Four; an p..sse 'eetf B Mitten, Stilton, Wansford, Stamford, lieu '44 I.; d tham Newark, 'l'uxford, Markham Moor, Loa t a y n e' ter and Ferrybridge, to the . Golden it,", g ig -' ,n l4 , r- ri ' e l :t °ll A a f s tern ' oon, at Reduced Fares.—Lug ,'eura-„Rod Pack ' ages only 2d per 14.—Notwithsta.udingthe 11,, 41 a;," 4 Expedition of this Coach, it is allowed to be the -4 11 '''"able and complete Public Conveyance on the .ea t able beinsr unequalled by any other. `"VGATE and Ripon new Light Post Coach, every 11,' 1 44 . ?,at Four, and Eight in the Morning. I, l ,4ll;al'AV, Lons,rtown, Gretfia-green, Annan, Dumfries, 411 ;", 'Thornhill, Sanq u har-Kiln, Canntoek, KingsWellt 'I),. ` 8 of Scotland, a light four inside Post Coach daily. 41 triPress " to YORK, Searhvrorigh, Whitby, Shields, 1,0 1 t„4l, New ' castle,& Edinburgh, a New light four-in.;ide lok et with a Guard throughout ; sets out every Morn -I(4tYli iV't &Clock, by way of Newark, itetford, Doncaster, tgettri"Tv, Tadcaster, Darlington, Northallerton, Durham, ll t k - 1 1 a "d Berwtc)c, and arrives at. York the next Morn -41,4 we 've o'Clock. Passengers finding themselves fa tliNß,lthe journey, may rest . . what time they please, 41,„Alij n r ,oceed without any additional Fare. t h t ' U M ` - ' 4 OUGH and Swindon, four-inside Day Coach, i, ti ws ty t AI BOUGH Reading, Lambourn, Purton, Lydington Ile t/ k li t i'd l e li n y ie t a to d n . Basset, lmsbury, Hongerford, Newhory RTH, Walsal, Shrewsbury, Salop, and Holy -141• '4" . t c , m `q O • ht Four Inside Coach, every Afternoon. , Horncastle, Spalding, Peteiborough, Stilton, Caxton,i y, Buckland and Ware Day Coach, to I ', o ath, Gritnsh and dull, Morning, .at Six. The ;', C oach to Bost o n' and Horncastle. 110 , Ittl:tilsj.„'cPress " a New Light Fonr-inside Post Coach to 'es‘ Per ' irith, and . Whitehaven, goes with Four t 4 "„ 4(l a Guard all the way, pasSes . thirough ApplehY, at t44tlit): j, owes, ' Greta-bridge, -Richmond, Catterick, Bo- Perrybridge, Doncaster, Newark, Bawtry, ttt,., t 'tft ,'„',Stamford Greetham, Stilton, and Biggleswade. N:ttst the Morning and performs the journey with the j ",i ll ',; l s, L acility. Passengers detained on the Road7by t e i ti 4 sure,. have the Coach.-Thege their Seats q i itt, \ . re d in the next only Coach to Cat ft7ity taneaster, Preston, Kirby-Lonldale, Bolton, 11'44' "ialskirk, and Garstang Light Pk:st Coaches,, cvery t lt tt h e „ et t l , lr EftZY s al Express," New Light Four Inside Post Coich, AVarrington, Prescut, Congleton, Lawton), gaga,ll (i4ll' 4 "dgly, • Kriutsfoi-d, Stone, Stafford, anti Litch -444 One Night on • the ,Road), every Afternoon ; 4. cii •re l e Saracen's Head Inn,' Dale-street, Liverpool, 'v 't er n ' it .• • (4 Ea) Four inside Post-Coach, %every Morning i qr . / ° 0 °11 • Newport Whitechurch, Tarporley, Nampt-; ,and IV , lt•ddlewieh Light Post-Coach, every t tp 0.4 E 4 . 4 1 ( , ) , 41 0r 4 • L AND, StOckton, and • Yarm Light Post Coach; Ni lt itai a l' l g , to the George Inn, Sunderland. rd ~ • tt4a " Express," to MANCHESTER Winslow, t , ' New castle,Walsal, Wolverhampton, and 4nuts l Vight'oer Inside Post-Coach, every Afternoon.—Only tt ''l , 4 l , l[l" l the Road - , hi, Lb and R ot h er h am N ew Four- i ns i de Post-Coach Z4 4 tl4,' i " " ;', called " Th e E x p ress ,' and also "The ht Four.i the Afterirtion. stisuPd Express n NeW BIRMINGHAM' Light Post yh~tßt• every: Afternoon, carrying Four.lnside only; 4 Y, S', 6 " Warwick, Leamington, Southani, , Weeclon, e YStrattord, and Towcester, to the Sa . racen's ▪ ' e el Birmingham, early the next Morning. alceiV tight Post Coach, to HULL, Lin , th?C;ier, the gross and Doncaster, every Hull; Morning at , 1 4",2 , 1 10 _,t . 0 the Cross Keys, Market-place, ci . a k nd :i!'pio2o/t`girßilaTin" the.Aft i erno i o d n c atF es o h o u r n o t ' c o o c 2c . h, , ' c, H6.ldesdo 1, a Wlst i,',!An and Edmonton Coaches daily, at Eleven, A r v. O r eve, and Eight. ' I fi' ' ,l!,4i - i0 et ;, 1 . k . .e,.(1 Fares to - Leeds,-'York, and Doncaster, id s 4 4..11) , , ,,.;`,gts at only Rd per pound. ";1 , and Co. respectfully acquaint theit rublic, that they will not be 'accountable for 1, N 44 ass enger's Lugsage, Vert gs, Plate, &c. of' .garbed „ r Pounds Value - , if lost t stolen, or damaged, un -4eil';B,lllch-4 arid: the Insurance paid Accordingly„ at " `lead Inn, Skinner-street, Snow-hill, London. COPPER-PLATES, PRINTS; and DRAWINGS TO BE SOLD BY AUCTION Ily Mr. SOTHEBY, at his House, WELLINGTON-STREET, WATERLOO BRIDGE, STRAND, on FRIDAY, No vember 29, and following at Twelve o'Cloch, THE Valuable Stock of COPPER-PLATES, with IMPRESSIONS, the Property of Mr. HORACE RODD, retired into the Country; consisting of Numerous British Portraits, most of them very useful for the purpose of illustrating Clarendon, Burnett, Lord Orford's Works, &c.' Including his publication of Copies of Rare Granger Portraits, - Plates to the Works of Thomas Hearne, the An tiquarian. To which are added, Mezzotint° Plates, by. Mr. Walker, Engraver to the Emperor Alexander; together with the remaining Impressions of the Copper-plates which were lost. Also, a Collection of Original Drawings of British To pography, by Captain Grose; a Variety of Portraits, Histo rical Prints, &c. &c. May be viewed, and Catalogues had, at the place of Sale. THE MONTHLY CENSOR, No. VII.' which completes the FIRST VOLUME, will be pub lished December 2, containing, amongst other Articlet, the folloOng: THEOLof , T—Whately'sßamptonLectures—BishopMant's Charge—Archdeacon Wranghain s Charge—Chapman'S Visi.. tation Sermon at Rochester-Bassett's Sermons on Genesis— Miss Rundall's Symbolical History'of England. • POLITY—Utius Populi to Scarlett=l3laquiere's Spanish It e,i olutiOn-4)ella Travels- 7 Mao by's Voyage—Wood's Illinois.' PHYSlCS—Gergonne, Annales des Matbematiques—Hor tu4 Anglicus—Barclay on Life—Publications, English and Foreign, 'nit the Tic Doroureux. PHI LOLOGY—Lyndsay's Dramas of the Ancient World— Hopes of Matrimony—Steam-hoat—Frederich Dornton— }Tulin, Vol. 2.—Essays of Father Fitz-Eustnee. LAW INTELLIGENCE. COURT OF CITAITCERY, NpvE3rßEn 26. GORDON V. GORDON. The LoRD CHANCELLOR.—I have looked at the papers now. - WWI order do you apply for, Mr. Knight ? Mr. KNIGHT.—The case was supposed to hare been finally, heard here ;_ but Mr. James Gordon h a d p u t a reclaimin g' petition, and the applicatidn now made was to prevent the other side from pressing for a heating in the Court of Session in Scot land until the reclaiming petition Should be heard here. The LORD CHANCELLOR.—What I*iSli is this—to pro vide that whenever the ease shall be finished here, it will not be to begin in Scotland. Mr. Wirral-mils said the fate of the case in Scotland might be decided by the fate of the case here on th e r e -h ear i ng . — Mi. James Gordon begged to state to his Lordship that it was supposed in S c otl an d th a t a ll th e p a p ers h a d b een before his Lordship, here, The LORD CHANCELLOR.—NO; that cannot be supposed when it is Contradicted by affidavit. Mr. KNIGHT asked his Lordship to allow Mr. Gordon time to consider of the state of the Case. • The Lotto CHANCEL LOR.--You should look together over the papers. Mr. WINGFIELD stid, they ought to have come prepared with their own apPlieation. Mr. Gordon.—llia Lordship would see the unfair advantage that was taken of every step in the proceeding. Not only so, but it had been said that his Lordship had refused the reclaiming petition. The Lo RD CHANCEL . LOR.---I don't believe one word of that. LORD CHOLTID".7DELEY v. LORD CLINTON. to delay the farth e r he ar i ng Mr. PEPYs asked hi s L or dship •of this denittrrer, as..Mr.,lloaid was absent at the election.- Mr. SUDDEN said, he had but very few words to add to what he had said, and he might as well saythern now, as his Learn-, ed Friends who were with Mr. Heald were present. Mr. Heald's reply might be pojspined. The Learned Gentleman proceeded with his argument. There had been no possession on the other side, for the leases had not expired till 1796. 'the Lout CuAxdELLOR.—It appeared doubtful whether the leases not expiring till 179 G makes any difference, for if the rents were withheld, proceedings- might have been instituted long before. • Mr. SEGDtN.—They were finder great difficulty in arguing this queation from the line ofargument adopted on the other side,' which was 'calculated to throw a cloildevt4 the merits. The case of Doe and d'Ativers, in which the CoUrt of King's Bench was unanimous, completely de c id e d the question of payment of rents to the 'wrongful claith a nt• not constituting an adverse pos session. If the rightful proprietor did not Choose to evict them, they were still his tenants, No than could by w,rOngrget posses sion of my right. They kneW'on'the other side that the plain tiff's had a perfect right, if this Court gave theni the iheanS, to get the deeds which constituted their title. The LORD CHANCELLOIL—Can you by this bill get deedS to support your action at la* ?- Can you, according to the Prac tice of the - Court; get such deeds , Without a bill of • discovery, and relief? • Mr. SUDDEN.—No bill had ever received more considera-; tion than that which was now before the Court. - The prayer df the bill was, that the defendant Should set forth the deeds, leases, and other documents which were in his possesgon. Why not have gone to a hearing upon this bill, and grant its prayer, mhich was all the relief they wanted'?' The bill was not to ex tract evidence from their consciences, but for the production of specific deeds. The LORD CHANCELIOR.—If you can make it a bill of 'relief, there is an end of the deinurrer altogether. Mr. SHADIYELL stated what he conceived the practice of the Court to be. Mr. SudriEst adverted to the agreement, ` The Loitri CHANCEL L o opinions of the individuals in the Houae of Lords was, ilia the agreement hetween the plaintiffs ought to have been proved, and they would know how to christen it—whether champerty, maintenance, or savouring or smelling of champertY or maintenance. Mr. SUGDEN.—There had been no agreement but what was stated - in the bill. It was an agreement to divide the estate. Was there any objection to that ? Chanjperty was when one, having a claim, agreed with another' who had no claim and no title to the estate. Maintenance the other Side had never ven tured to charge. If the plaintiff agreed to consolidate thei r interests, no objection co u ld b e made to that. The statute was directed against practices to suppress justice and create delay, which showed that this case could not c o m e w i t hi n its provisions. • _ The LORD CITANCELLon.—Suppose—I don't allude to the present case—suppose one party give all the money and receive half the estate, which half may be worth 'lO times the money, would not that savour This is consistent with yO ur bill ; it may be se; but no Court can say it is so. Mr. SUGDEN.—They would satisfy the Court that one o( the Plaintiff's was entitled; but it was very:difficult' tcrsay who it was. If there was adverse possession previously to the mak ing of the 'will and codicil, then the - heir at law, Lord Chol mondely, was entitled., If there had been no possession pre viously, then the devisee, Mrs. Darner, was entitled. In ar guing upon a demurter, they must , assume that one of the parties. had a.good title;. and if they could not tell which of the parties, what objection, could - there be to a compromise? The L.oltD CHANCELLOR.—LOrd Iledesdale gave his opi nion that it was an unlawful, agreeinent. Mr. SuGDE.—That was an' extra-judicial opinion, for it was - given without hearing the ar'iurnent. The LORD CHANCELLOR.,I : agree with! you that there is nothing in the world worse than giving an opinion without hear ing argument. I am very far from saying, what opinion I would have given if the point had been. before the Lords. You have a right on the face,of the bill to saylt was an igreement to pre -vent litigation. But the bill does not say that , there - would have been litigation. The AvronNEY,GE.WERAL.—Preat doubts had arisen, and the opinions of eminent lawyers had been `taken, respecting the question. The LORD CHANCELLOR.—But there might be much be that,.,Mr..Attorney. Don't undetitand me to' say that there is; If the agreement were seen, it Might have turned you out of Court without difficulty. Mr. S'i.TGDEN.—It would be time enough for them to produce it wlien it could be shewn to exist., But the plaintiff's had conie to an agreement to avoid litigation. Isis Lordship would con sider the consequence of a refuSal. It would be giVing to the wrong dOer—to . one who was art entire stranger, without any title or pretension, a considerable estate, which uriqueStionably belonged to one of the plaintiffs. lie hoped, therefore, the , demurrer would be dismissed, and the judgment of the Court below confirmed., PARKHURST V. LOIVTEN". This case Was an argument on a demurrer to certain interro. gatories . Put to Mr. Godfrey. The original q u estio n h a d b een the obligation of the 'defendant to account to the laintiff; and the objection set up w as , th a t account i ng f or the slim of 6,0001. expended in the purchase of a church livilig,would involve the defendant in shnoniaial charges. Mr. - Godfreyhad been the solicitor in the transaction, and to interrogatories put to - him the demurrer was pmt in. The argument was partly heard before. Mr. SPENCE and Mr. ATTORIVEY-GNEItAL were now heard on opposite sides, and that was admitted to be the eon. clusion of the argument. The Lowy CIIANCELLOR.—The question is, whether Mr. Godfrey has given reasons - to justify his refusal to answer. His great objection is, that the interrogatories tend tit criminate Godfrey himself. Unless that can he proved, that the answers would disclose Simoniacai transactions is no objection whatever, if the plaintiff has a raglan to an account . I shall look whether• it would criminate himself, this evening or tomorrow evening. I cannot say,. but all, the information required front Mr. God frey might be obtained by a twentieth parfaVseinterrogatori'cs. He is very much distressed by this mode. ,Ijet it stand in the paper for Friday morning. CLAY V. I.ADBROKE. (No person appeared.) : The LORD CDANCELLOR.—Is that gone to Cambridge? Don't strike it out, for the parties may have been taken by stir prise. Ills Lordship rose at one o'clock. - VICE-CI;IANCELI I OR'S COURT, N0v.26. EX FAII7E GIIIMSTEAD IN TILE NATTER OF HOWARD AND G „ The v ICE-unAxcELL OR observed, that he had stated on Saturday that he _would decide the.question of costs in this case, after the action at law had been tried ; but upon reconsideration he thought it Would be best to dispose 'of it now, when the facts . were fresh In the minds of all parties concerned. Mr. BELL stated, that he had been instructed to inform his Honour, that if M. Grimstead had agreed, at the suggestion of the- COurt, to change the action at lawinto a suit, the ques tion could not have been tried at the time fixed, because a new record and a new jury process would have been necessary : otherwise, none of the witnesses could have been prOsecuted for perjuryif they had falsely sworn: The - VlcE:CitiNcEi..rion thought it necessary that some in quiry should be made into the .correctness of this statement.— If it should - turn out to- be true, the assignees must pay:the costs of the application which he was called upon to decide on- Saturday : if otherwise, they must be paid by Mr. Grinistead. M r. Mo NTAGUE assured hislionour the conseht of Mr. Grim stead to the proposed change of the nature of the trial would have been unavailing. If, however, the assignees thought other- Vase, Grimstead would now consent to what was asked: - • His Ho s'Ou it said, that it would save expence, if tile assig nees woirld accept the consent. Mr. - HonNE, on the part of the assignees, agreed to take the consent of Mr. Grimstead. The case stands' over to the last day of term. EX PARTE SHAW, IN TUE HATTER OF HOWARD & GIBBS Mr. HORNE if tated, that this was a petition from the present assignees of the bankrupts, praying that the defendant ; - Mr. Bowen, who had been the messenger under theformer commis sion, might account for the wines and spirits which remained under his care in the cellars of the bankrupts, from the month of February to the month of August, 18 - 21,;• and also that he might be restrained from proceeding in an action at law against the present assignees, for - a - debt which -he'alledged to b e 'd ue t o him for services performed under the former 'assignees. The Learned Counsel .was proceedin„q . to open the case, when - • . Mr. Mox'racluE objected that the former assignees ought to have been made parties to the suit. The Vic E-CIIANCELLOIL thought that the objection must be sustained. It might appear that the defendant had acted in , all - that he'had done under the directions of the former assignees, which he - was.bound to obey. The forinet.aesignees, and iiot the defendant,' were liable to account to the plaintiff: Mr. IlottirE admitted that if this had,been 'a.Bill, it would bare been necessary to make the former assignees 'parties, but. he maintained th4.it was not requisite on the presentation of a petititin to fix -upon more than one party. The defendant must defend himself as he would in an action at law.' • • The Vic E-CRANCELLOR directeddhe petition to stand over until he had an opportunity of talking the subject over with the. Lord Chancellor. • BAILEY 17. SNETHAJI. • In this case his Honour -the V3cr-Citaxcm.r.oß decided that Jane Snctham (the widow of the deceascdJohn Snethain), is entitled to the estate devised to•her by the will of the de ceased, fonher life, with remainder to her children ; and stated that this would have been his decision, even if it had been proved that by the law of Scocland the marriage was illegal. ANGEL v: ANGEL. His Honour in this case maintained the demurrer of the fendant, and :lismissed the bill which had been filed for•per prtuating flip evidence of persons now residing in America.. COURT OF KING'S BENCH', Nov. 2G. THE KiNG v. ANDERSON. The consideration of this case, adjourned from Monday, was resnmed, and the defendant again appeared on the floot-of,the Court. • . The affidavits originally filed on behalf of the prosecution Were first read. They stated that the defendant had voluntarily continued in the Office of surveyor of the highways within the hundred, for nine years, and that, during that time,. he had sometimes distrained for the amount of rates, which he after wards converted to his own use. Mr. Peppercorn, and two other persons, who had taken an active part in the concerns of the district, stated their belief that he had not embezzled less than 1,800/. during his continuance in office. Affidavits were then readin answer to the affidavit of the defendant, in which Mr. Peppercorn - denied that he ever proposed to the defendant to apply 100/. td build a wall for the Rector, and in which he 'and others asserted that the proceedings had been dictated by no malice towards Mr. Anderson, but by a mere desire for public justice. It was set forth that the defendant enjoyed an income in right of his wife; and that he had removed the indictment by certiorari from. the Sessions, and had applied for Special Juries, but that just before the trial he had abandoned the Special , Juries, and when the cases were called on, consented to verdicts of guilty. Mr. Comm 0 - 1.1 . SERGEANT addressed the Court in mitigation of punishment. He trusted that when the importance of the issue was considered, and when the prejudice excited against Mr. Anderson among that class of persnns who formed the juries at 'sessions was weighed, he would not be regarded as culpable for removing the indictment, althoUgh ultimately he was advised to plead guilty. It was exceedingly difficult to , answer a prima facie of 'this kind ;, to explain transactions extended through a considerable space of time, especially when irregularity had arisen' in the mode of keeping accounts ; • and therefore the Counsel for the defendant, feeling that they could give no satisfactory answer to the charge, advised. him to submit to the verdict without resistance. The hostile feelings of the party opposed to him in the district had anticipated the result of the prosecution—had visited him prematurely with that infamy which was its worst consequence--;and had emblazoned , his name to the public as a delinquent. • • The Court would consider the defendant's age rendering imprisonment dangerous ; his in:. 'ability to pay any heavy fine •; the sufferings he had already an_ llergone ; and that punishment, far heavier than they could in flict, which he must suffe.r in the loss of that character which he had maintained through a long and honourable life. Mr. ADOLPHUs and Mr.tiftT TY fbllowed on the same side. Mr. - GURNEY addresed the Court in reply to the topics urged on behalf of the defendant. He contended that all. the imputations cast on the pitsecutor were completely refut ed, and that •he had only exerted himself moderately, though firmly, to 'effect. what few had - the courage -Or the virtue to attempt, -the bringing a great public delinquent to justice: - The defendant had pleaded guilty to two indict ments----one charging him with embezzling money in fourteen particular instances ditrinc , the years 1819 and 'lB2O, and w ith taking •an oath t o verify the accounts in which these sums were falsely stated; and `another, applicable to the year 1821, omit ting the statement of the oath; not because the conscience of the defendant refused to take it, but lecause the Magistrates re fused to administer it. His good clisracter, instead of a pallia tioni was a high aggravation of his criminalityi because it proved that during the ye a rs in which he carried on his pecula tions he 'had worn a mask of.sanctity, • the better to conceal theni. Under these circumstances, as Counsel for the public, • he prayed for judgment, feeling sorrow thata man in a respect able rank of life should be placed in so disgraceful and distress. ing a• situation, • hut at the same time feeling that the Conduct of the defendant—far more common, he feared, than many sus. pected—called . for such a stntence as would deter others from following his example. The Couux directed that the defendant should attend again to-morrow (this day) t o rece i ve j u d gment, .an d intimated that, in the mean time, they would consider the case fully. 'l'he defendant, a person of very respectable appearance,_ was greatly affected during the whole of the proceedings. COURT OF COMMON PLEAS, Nov. 26. IN RE THOMAS CtAltltE, ISAACSON, AND BIIOOKES. The Court was occupied during the greater part of the d a y in hearing the affid av it s o f Clarke, Isaacson, and Brook es , against the rule whi c h h a d been otained for striking . the two former off the rolls of this Court, on account of having per. mitted the latter to practice in their names at different periods. Mr. Serjeant Pell was heard on their behalf, and Mr. Serjeant Vaughan addressed the Court for some time sn support of the rule, when the further arguments and judgment were post poned till to-morrow (this day). HIGH COURT OF ADMIRA T,TY, Nov. 26. CAYENNE. Dr. JENI4Eft submitted this day that the Court must have collected from the papers that were read on a former Session, that this was the case of a capture of booty by a conjunct, orce, naval-and military, by his Britannic Majesty's ship the Con fiance, commanded by Sir Jaines Lucas Yeo, deceased, and by a Portuguese army of 1,400 or 1,500 men, in Jannary;lBo9. Cayenne surrendered by capitulation to this united force, the s'ettlethent (Guiana) being ceded to the Portuguese. The shares to be taken-as of the proceeds,_ by the Portuguese troops, and the captain,. officers, and crew of the British ship, were, by consent, to be subject to arbitration in Europe; .and eventually 32,7001.; was remitted from - Portugal to England as the share which bad been. allotted. to the naval part of the armament in question. OWing to the ernbarwassments of the Messrs. Broughton, into whose hinds this money had been paid, a sum not exceeding 11,500/. had been finally paid into the registry of this Court. Upon this' sum the agent had, (as it. was conceived) by mistake, paid over the 5 per centage, which tinder various. Acts of Parliament is directed to be paid into the treasury of Greenwich Hospital on all proceeds of prize, condemned as h naval prize. It was now to be contended be fore the Court, that this was a case not of such a description ; that it was not, within the meaning of those statutes ; and consequently that the Court would decree Greenwich Hos pital to reiund the same. For this purpose, a monition had been taken quit oNbehalf of Sir James - Lucas Yeo, (represented by his son, the present Sir J. I,reo,)'and the offi c e rs an d - crew of his Majesty's ship Confiance On the part of Greenwich Hos pital,'a - protest was at first asserted, but Subsequently waved.— The present case must depend on the enactments and provisions of the 40 Geo. HI. c.'101; 102; and the 51 G eo . 111. c . 127 . The Court was perfectly aware that the 411Ge0.• 111., and some preceding acts, had directed the payment of 1/,135. 4d. per cent on the pr6ceeds of all naval prize; and that the 51st of the same reignsthreeted a further payment 'in all similar cases of 3/. Os. Bd. per cent., making altogether.sl. per cent. ;-and this was con firmed by the language of the .55th Geo. HI., (c. sec. 2). The whole of the qu es tio n he re was this—Was the capture of the booty taken et Cayenne effected by a naval force, or by a conjunct expedition of sea and land-forces ? That this was. a case of the latter description,the circuias tan as which had been detailed could surely leave no doubt: the military or ,Portuguese force was very,eonSiderable ; the nav a l fo rc e consisted of th e o ffi cers an d crew of a single British ship. Therefore this was not a purely naval capture. Now the Court had already decided in the well.known case of GenOa, and again in that of - Java, (both of which bad been taken by. the conjunct operations of sea and land forces), that the, grants or'proceeds were not liable to the payment of the '5 per tentage. • He submitted, therefore, that an VAS instance the-per centage had been erroneously paid, and ought to be refiindsd. r. LusTfuket'fimoin the same side, was rather di s p ose d to rest this case on .the 57tGGeo. 11.1... c. 127., which hul a clear reference to purely naval. prize. The Court had already de cided this case in the judgment which it gave in the case of Genoa, when it obierved that the 57th of -Geo. 111. did not apply to conjunct exPeditions. So in the case of the rant to L'ord Keith, and th e nava l , f orc e un d er hi s command, for prize captured on the north Coast of Spain, the Court said that' , Greenwich Hospital was entitled to the five per centage which it there claimed, because it was naval prize captured : solely by the nary. In the present case, it was a grant of a completely different description. TheJC.ixo.'s ADVOCATE, with whom was Dr. ARNoLD, relied on the terms of the present grant, which was, for prize or booty (for here the distinction was quite immatariab`captured by the navy, by that part of it which : assisted the Portuguese troops.. As to Conjunct, expeditions, these was this very ma terial distin c tio n , on th e ot h er hand, • to be taken, namely, that the act, and this Court in-the rase of Genoa, contemplated con. junct expeditions of his Britannic Majesty's sea and land forces. Now the capture of Cayenne couldhardly be considered in that light : for the military were entirely Portuguese ; and it was not enough to say that they were our allies at the time, or that they were hostile to the French. The Learned Counsel con, tended that GreenWidi Hospital was justly entitledito the per centage. • Lord STOWELL said, he could raise no doubt in his own' mind as to What the Court was bound to do on the present occa sion ; and that was, to abstain from calling on Greenwich Hos, pital to refund the money which bad been paid, in die shape of per centage, by the naval agent, in consequence of this grant, This was originally a conjunct expedition, inasmuch as his Ma jesty's ship Confiance participhted in the dangers and difficul ties which attended the capture of Cayenne; and in the.grant ing part'of the original grant it was considered and described as a conjunct expedition. But under wh a t c i rcumstances did i t stand now ? variety of proceedings had been had, in none of which, neither in the terms of the grant itself, was any mention made of any other share.. This, therefore, was solely to the navy,gofar as regarded the proceed s a c tua ll y b e f ore t h e Court. under these circumstances, the per centage had not been paid in error ; and the - Court would,. therefore, dismiss Greenwich Hospital from all further observance of this suit (with costs). DEAN AND EATON V. THE OWNERS Or THE intro ELIZABETH. This was a claim of salvage for. being instrumental in saving part of. the cargo on. board the brig Elizabeth, which was . wrecked off the west coast of England on the night of the 30th November, 1821.... The. claim was :resisted on the ground of a suspicion that the plaintiffs, a farmer and. his man, had in tended to, appropriate a keg filled with gold coin to their own private use. A variety of affidavits .were .read with reference to their conduct on the occasion, and the impression which it made upon. other persons; after which" D l * JE:NtliEn and LusurNerroN: were heard for the claimants, and the King's Advocate with Dr. ADAMS on the other side. Lord STOWELL held that 'here was no evidence to justify him in presuming a dishonest. intention. The plaintiffs had been instrumental in saving the property, and the defendants would probably have acted a more 'prudent. as well its grace ful, part in acknowledging their services, iiowever .moderate, than • in .endeavouring to brand .them, with the infamy of a plundering intention, at a. time when the vessel was deserted .by her crew, and was literally going to pieces. As the service zendered was, however, . certainly but moderate, he should award 105 . /.. to the individual who -rescued theeproperty from the waves, and 211.. to the other party. CHALLENGE OF THE CHAMPION RUNNER TO ALL E LA N Il al ton, of Kirkby M oprsid e, the North Riding of the County of York, will run any man, from one mile to any distance, for 100 sovereigns to any amount up to 1,000 sovereigns.—liirkby 41Loorside, Nov. 25, 1822. CORONER'S tNQUEST. 2 -1111 Inquest was taken yesterday at the King's Head, at'Walworth, before ("Han LES JEMMETT; Esq. Coroner, on the body of John Itottenbury. The deceased was a ladies' shoemaker, and worked for Mr. • Hammond, in •Walworth ; he lodged at the above' house, and on Thursday night retired to bed, at his usual hour, and. next morning; be not going to work, his master went t o th e public-house to ascertain th e cause of his absence, when he learned that he litd not been seen' to come down stairs. Mr. Hammond and several other persons, in consequence pro ceeded to his bed-room,' and fOund the loor locked inside, He called the deceased several times, but received no answer; the door was. burst open , ; when the unfortunat e man was dis covered hanging by his neckerchief from the tester of the bed stead, quite dead. It is supposed he had been suspended -Some time, as 6.was stiff and.quite dead. • ill r. Baynes ; and Mr. Hammond spoke to the deceased having for some time labour 'ed under an aberration of mind. The Jury consultettfor some ,time, and afterwards returned a verdict of "//manitv," -FOR THE SLtNi:,:, PROTESTANT LJBERALITY. MR. EDVCOR--Tile Old 'Tunes Oide.Sun, Nov, 20,) seem•very much alarmed because two Irish Prelates have declared that POPERY is a Church ' without a. Religion ! They are afraid that the Papists may be Offended ; but have they forgot Pastorini Y Have they forgot that it is a stand ing tenet of the Papists that Protestants have no religion ?—that we are all Heretics, and that we ought to be burnt with fire and faggot in this World, and d—d to all eternity in the next ? This tenderness towards therapists is something like the sentimental outcry about the durance of BUONAPARTE at St. Helena ; but have the Times forgot hif conduct towards our Detcnus in France, the,privations of British Prisoners at Verdun, or their sufferings in the 'dungeons of the fortress of Bitche :2 Now, Sir, to spew that, notwithstanding the alarm of the Times, there really is some libera tity in the Irish Protestant Church, I send you an extract from a recent Charge of the Arch bishop of GA - siiEL, and remain your's ) " In our intercourse (says his Grace) with the world, we have a difficult and a delicate line of etenductate pursue as mem bers of society ; .neither is the duty wh ic h . we haye to discharge, as members of Christ's 'holy Catholic Churae, much less ardu ous. We cannot, perhaps, better prime. our sincerity in this respect--better prove ourselves the true disciples of Him who lived and died for all men, than by , . endeavouring to abstain from every ex c e ss o f party spirit. Men cannot and will not think alike upon points,. which deeply interest their feelings, and influence their judgments; but when we. differ in opinion with each other, the common charities of life require thet we differ with mildness, and express our dissent Without-harsh ness and severity'. - This is our duty as men ; but, as Chris tians, we are still.further bound to banish .far from us all cla mour and evil speaking, and to have a conscience void of of towards God and towards man. " We live in, a world, where a defect in the ardour of opi nion is too frequently deemed indiflerence, and where modere tion is sometimes denominated lukewan - nness. But wisdom is justified of h er children. And if, as men abstinence from all excess of party spirit becomes us, upon topics which alone con cern the welfare -of this life ; abstinence surely of the same de scription, upon topics relating to :the interests of the life to come, in a much higher degree becomes us as Christians. • "We embrace that peculiar code of faith, and adhere to that particular religious community, to which God has attached us, and of which our conscience approves ; hut in'the house of our heivenlY Father there are many mansions. .On speculative points, speculative men will differ ; bqt ;whatsoever zeal may be displayed in the support of specific tenets, that zeal shotild never be stimulated to excess by ah overweening conceit in our .own, or by an uncharitable contempt of eveey other opinion. Are we not all called by the name, and do we not all profess the Christians ? Have, we not'all one Lord, one faith . Os followers - of Christ), one baptism, one God and Father of all, who is above all, and through all, and in us all ? Disciples .of the Cross, the characteristical badge of our profession affords us one common bond of union ; but the pertinacity of opinion upon inferior points has 'distinguished us fr6ro each other by various denominations. In the heat -and pride of argument men are sometimes disnosed to shut ,the gates of mercy, against those who do not think- precisely as they themselves' think; and permit the vanity of doginatizing tb obliterate every libe ral, and even every charitable sentiment,. Almighty God, how_ ever, we may be assured, will exercise judgment upon us in righteousness and with mercy; nor will he punish us for the unavoidable errors of our heads, but for the wilful depravity df our hearts. " At, And even since, the period of the reformation, the Ca tholics of the Roman communion consigned Protestants, and Protestants in their turn consigned Catholics,. to eternal perdi tion ; neither among the Protestant Clapoles themselves has there been any deficiency of sects, who individually assuming that infallibility, which they jointly denied to the Church Rome, alternately anathematized each other, without remorse, and without commiseration. But, ever Lie it our boast, while we maintain with 'firmness, and support with dignity, the doc trines which we approve, to withhold from none the hope of sal vation, conscious that the thoughts - of God are not as our thoughtS, nor his ways as our ways. As men we have a duty to discharge towards that society of which eve are members ; as ministers of the Established Churcha we are. bound by the most intimate ties of reciprocal regard . t o th ose w h o are ' within the pale &her holy communion ; but as Christians we owe to all who are deSignated by that' blessed name, by which we our selves are designated, fraternal affection, and to mankind in general, without distinction of persons, or of' creeds, universal benevolence. ." I should indeed he grieved, 'iny: Reverend - Brethren, if I thought that any who now hear me, could so far for ,=et the precepts of their benignant Lord and 'Master, as to refus e th e right hand of f e ll o w s hip t o on e C l ass 'Of ChriStians, because they believe more,' or to another class, because they believe less, than we ourselves believe. If the gracious Father of all makes his sun to shine, and his rain to descend on the ; just and the unjust how much more must he he disposed to shed the light of his countenance and the dew of his blessing upowevery Christian df every denomination, whbseeks.his, favour with simplicity, and who endeavours to obey his ,heavenly will with sincerity ? Shall the withered hand 'WhiCh Christ has made whole, be lifted up to restrain the mercies of Him who restored it ? Or shall the dumb man's tongue, which he has" rescued from the bonds of S a t an , p resume to c o ntr ol the power that set it free ; presume to say, thus far Shalt thou go, but no farther ; and here shall the progress of thy love,be stayed ? " But we do not merely participate in the common blessings, and common Christianity, of our country ; we are also mini stem' of the Gospel of Christ; as taught in the Established Church of this United Kingdom,, and being such, are bound to the discharge of peculiar .functions: In this resp e ct, t he n, i t may be asked, c a p we become tobactive or too zealous? Ti repress the ardour of Official zeal; where - neither its object is illiberal, nor. its effect problematical, would indeed be not less singular than culp a bl e . B u t i s i t no t poss ibl e,. by misspend_ ing our activity, and by exhausting our zeal upon points of ie. ferior consequence, to bring the more important ones into dis credit or contempt ? Some of us, perhaps, are old enough to recollect a period, when the . Clergy of the establishment, con templated as a body—for it, no' other view is it either just or reasonable to contemplate them—needed more of the spur than the leridie,, in the discharge of their. ministerial ; duties. But we have since witnessed no inconsiderable change feu. 'the better in this very important respect. Those whb now censure them as in dolent and inactive, cenenee them without any accurate informa- - tion, or unfairly draw general conclusions from particular in stances. That all are equally diligent in their office, and correctin their conduct, it would be as absurd to assert as to expect. The Clergy are men, and, like-other men, may fall into acts of ne gligence and of crime. ' But to charge um the 'whole body ' • the faults of individuals, 'must either prOceed from went of knowledge, or from want of charity. e " Admitting; how ever as..l most cordially do admit, that the clergy, thus contemplated, endeavour to acqu i t t h emse l ves with fidelity in their O cial character, I would nevertheless suggest; that some discretion is requisite in the exercise of that fidelity; some • caution, .not to represent as essential to salYa don the mere external form, nor to mistake the true internal spirit of genuine Christianity, " When our Reformers compiled the excellent Liturgy, which we still possess, they ,selected.its component parts with a judgment, and expressed themselves in a language, which has excited the admiration of every subsequent period. The offices of Our-Church are distinguished. by a characteristical pre-emi nence, of which we have been long and justly proud ; nor have they yet sunk under the cbrnbined attacks of enthusiasm and in fidelity. Estimable, however, as they - doubtless are, and higaily as we venerate them, still it should not be forgotten, 'that:they are but farms, and that, as forms, they cannot constitete the substance of religiOn, and should not therefOre be elevated into the rank of essentials to salvation." " Ought the withered hand, which Christ.has restored and made whole, to be lifted up against him? \ Or should the du m b man's tongue, jtiselonsenedfrom the bonds of silence, blaspheme the pOwer that set it free ?"- , -Sherlock's SermOni,' vol. 1. Senn. 1.p..14, L:4. 1764. ,