The Sun. — London, England, 1822-11-08 00:00:00

THE LONDON JOURNALS. EtTRACTS FROM THE DAILY MORNING PAPERS, November 8, IFM,. [TII E TIMES.] 'We have received from a respectable quarter some interesting particulars relative to the rup ture between the Prince Royal of Persia and the Porte. The Pachas of the Turkish province of Azzarroon being accustomed to annoy the Per sian pilgrims, merchants, and travellers, Abbas Mina,, Prince Royal of Persia, frequently re monstrated against these outrages, by missions to Constantinople, representing the conduct of the Turkish Governors to the Ottoman Court- Fair promises were made to investigate the com plaints, and though the Pachas of Azzarroon were frequently changed, similar excesses were repeated. When the Persian stud - tints arrived at Constantinople, on their re.urn to Tabriz from -England, the Grand Seignor and his Vizir furnished them ! with passports, to protect their books, instruments, medicines, and the other con tents of their baggage, from impost or search; yet on their reaching Azzarroon, the passports were disregarded, their baggage was ransacked, and contributions were attempted to be exacted by, way of ditty. On another occasion, when the Schah of. .Persia sent two of his wives, accom panied by several of the female nobility of Persia, on a pilgrimage to Mecca, their persons were in decently searched at Azzarroon, and they were in -other respects insulted, with the sanction of the Pacha., The Prince Royal dispatched. Aka Mustapha to Constantinople to-complain of this violation ; but the Pacha detained him in his way, at .Azzarroon, for four months, and then sent him back to Tabriz with excuses and pro: mites of amendment, which were never realized. Soon afterwards Sadick, who was formerly Pacha of Bagdad, being killed by his successor, Sadick's son fled to Tabriz -and invoked the Prince to assist him with an army against Bagdad, to avenge the murder of 11:s father. This the Prince declined, but undertook to obtain redress for him from the Porte, and accordingly set one of his own servants to accompany Sadick to Constanti nople, who bore a Rakhum from the Prince Royal to the Grand Seignor. The Pasha of Azzarroan_intercepted them, tore the Prince's Rakhtun to_pleces, cut off Sadick's head, and sent back the Prince Royal's servant to Persia on foot. Finding from these repeated instances of insult, that remonstrance was unavailing, the Prince Royal determined to retaliate upon the Pacha of Azzarroon. Of this intention he sent notice to • the Ottoman Porte, and dispatched an army, in the summer of 1821, into the Turkish province of Wan, on the eastern banks of the Euphrates, inhabited by a race'of Christians. The Persians attacked and took possession of the town and fort of Byzled, a public station in the central road from the city of Tabriz and Koc, a Persian post, to Azzarroon and Constantinople. In the winter the Kayem Makom, wishing to prevent a renewal of hostilities, sent a messenger to the Paella of Azzarroon, and proposed to mediate be -t ween him and the Prince of Persia. The messenger returned'with an assurance that a person should be sent to Persia to make peace. After a lapse of four months, during which time the Kayem Ma , kom prevailed on the Prince to suspend hostili ties, intelligence was received that an army of 10,000 men was collected in Azzarroon, and that large preparation was making for a renewal of the war. At the same time Hoz . tett Khan, the King's 'Sirdar, or Governor of Erivan, the capital of Armenia, sent advices that the Turkish troops were on the eve of ,commencing an attack in that quarter, and urged the Prince to secure the boundary and cut them oil' from Armenia. The Prince accordingly instructed the Sirdar to ad vance from Erivan and attack the troops on their way from Azzarroon, and they succeeded in tak ing possession of the town of Korse, a frontier military station of the Turks near. Armenia, smd lying between Erivan and Azzarroon ; but .the fort itself remained in possession of the Turks when the last accounts came away. [MORNING TOST.] A report, originating, no doubt, in the state ments which lately appeared in the French Papers, prevailed yesterday afternoon, " that the Congress at Verona had suddenly broken up, and that the Duke of Wellington was on his way back to this country." A letter from Dover an nounces this intelligence, and the Kentish Herald of yesterday contains the following article on the subject :—" By a private letter received last " night, at this Office, we are informed, on " authority on which we can rely,. that the Con " gress at Verona has suddenly broken up, and " that the illustrious Duke of Wellington is on " his way to England !"=We have only to state that no such information has been officially received. [MORNING cilitoNicir.] We have more than once expressed ourselves• with respect to the Missionaries in France in such a way as to leave Jittle, doubt that we are far from partial td the object which they have in view. We rest our hopes of the improvement of wanking on the enlightenment of their Minds, and not on the blind resignation which these inrbeciles preach up, and the childish absur ,dities by which they attempt . to produce it.— It is but justice, however, to own that these same Missionaries and their supporters in France seem to display' much more of real Christian charity and benevolence than the more knowing Ministers of Religion in this country. It appears from a letter in the Quotitlienne that the Mis sionaries have .14ely been preaching to crowded churches, where they made collections for the , , ransfstu " ; . of our captive ,brethren retained in the ..chains of the 'ferocious followers of Mahomet." These-men are l levidently not Christians in pro. - fessibn merely, they do not understand the com mands of the Gospel in a metaphorical sense. [NEW TIMES.] We have received letters from Verona to the 30th ult. Some meetings had been held, but the business transacted at them was merely of a pre .r.iminary nature. Our Correspondent alludes to a rumour prevalent in various parts of Italy, that the Kingdom of Naples was to pass under the dominion of an Austrian Prince ; but to this rumour we are of opinion that little credit ' , is to be given. The affairs of Spain are ; likely to protract the duration. of the Congress ; for as every day may be expected to im press more forcibly on the Spaniards of both par ties the necessity of coming to some moderate arrangement, so the Allies would gladly avail themselves of the first opening to act as mediators rather than to appear in the obnoxious character of invaders.—The news from France leads, on the other hand, to a belief, that if the French Government should intervene in a meditorial ca pacity, it would at least choose to do so with such a display of military force as might give a decisive influence to its mediation. [MORNING HERALD.] The Irish Papers received yesterday contain rather a happy specimen of the serio-comic, in the answers of tha two members for Dublini to addresses from a worthy Corporation of Glovers and Skinners. These latter, it appears, have embarked their wisdom in the very feasible undertaking of repealing the Union, and called upon the Representatives to support a motion to that effect. It is quite amusing to mark the deep consideration which the, two Members promise to give the recommendation of their con stituents—the gentleness with which it is hinted that the motion may not be carried, and the solemn mockery of holding their judgments sus pended until the discussion shall take place. If Mr. Grattan were still alive, and Member for Dublin, the presentation of.. such an Address would have drawn from him a cutting, perhaps an indignant rebuke, of this most silly farce, got up in wanton folly by a fraction of the Corporation of Dublin—not that it would have much the better appearance bp having the sanction of that whole body. There are some things so absurd, that it would be foolish, if not impossible, gravely to show a reason why they are so. Such is the repeal of the Union. [BRITISH PRESS. A report prevaiie-d yrs:cr.-jay of the sudden dissolution of Congress, and the departure of the Duke of Wellington from Verona on his return to England.-=-We do not understand that Go vernment have received any intelligence to the above effect. We therefore consider it as an antitipatiOn of an event for which the rumours of several days past had prepared the public mind. ShoUld it prose founded on fact, it will be a terri ble blow to the dignity and importance of this novel annual exhibition, in which the oprincipal Potentates of the Continent assemble like so many strolling players at a summer country theatre, and act as managers, with their Minis ters and petty Sovereigns to perform the parts assigned to them. The Invasion of Spain was the new drama with which it was expected the Theatre would open for the season at Verona; but it would seem that the sudden death of a principal and favourite performer, the Marquis of Londonderry, has deranged the plan of the theatrical campaign, and the Duke of Welling ton, who had kindly undertaken the part at a short notice, has been found radically deficient on the very first rehearsal. This deficiency, it is supposed, does not arise so much, from want of- vigour and energy, as from the instructions of Mr: Canning, the new prompter, whose ideas in this particular instance do not exactly correspond with the principles of the legitimate drama. PROVINCIAL JOURNALS. (Fran; the Leeds Intelligencer, Oct. 28.) it is a common practice with political molcon .. tents to eulogise times that are past, for the purpose of invidi ously contrasting them with those which are present. Our readers need only turn to the file of the Morning Chronicle, or •that of any other journal equally stupid and malignant, for the last twelve months, in order to convince themselves of the truth of our assestion. This cant of a bitter and disappointed faction, however, is by no means ofrecent origin, but may be traced to the demagogues of a very remote period. It has not therefore even novelty to recommend it. Fifty years ago the good old times of our ancestors and the degenerate character of our own, were frequently the topics of conversation, among the would-be reformers of the world : and fifty years before that, persons were not wanting to deplore with uplifted hands the gradual de terioration of .mankind. But not to be deluded in these days of in quiry and illum in ationby the quackery of political mountebanks, let us ask the Gothamite of the Chronicle to furnish us with the date of this golden age of British glory and independence to what lie is so perpetually recurring as an excuse for the exercise of his spleen. Is it to be looked for in the reign of the Charles', when intestine commotions and continued broils dissipated even the appearance of tranquillity, and threatened with destruction not only the property, but even the lives of the people ? Can it be referred to the reign of .Tames, whose superstition led him into the commission of innumerable 'acts of cruelty and op pression ; and when that judgment seat to which, in Allele days, every one who considers himself aggrieved has aright to aweal was filled by the sanguinary Jeffrey. Are we to seek .for it in the time of the bigoted and ferocious Mary, or during the struggle between tlie houses of York and Lancaster, when each party, contending for the ascendancy, deluged the country with British blood ? To go back to a still more remote and barbarous era, does our paragon of whig gery mean to allude to the period in which this king dom was under the despotic controul of the Barons, and when every man was liable to be employed in fighting the battles of a neighbouring tyrant ?—Are these the days to which the politician of the Morning Chronicle' would be understood to refer when he prates of " the good old times of our ancestors?" Let us hear no more of this unmeaning verbiage. The Whigs of the old school were, we will readily admit, a noble race in deed contrasted with their successors of the present day, but what has this to do with the deterioration of society at large, of which they form so insignificant a portion. The world is retrograding, forsooth, because the Editor of the Morning Chronicle has discovered that Mr. Hume is awfully inferior to Charles Fox, as a "Whig, and that Mr. Hunt does not make quite so poetical.a reformer as either Sydney or Hampden. A very pretty argument trnly ! • • The Right Hon. Lord ROLLE, has we under stand, recently made considerable reductions in his rents ; and we feel pleasure in publishing the fact, that his Lordship, amongst many other acts of great liberality, gave to one tenant, who could raise but 4001. out of 7001. a receipt in -full, and furnished him with a new lease at the price he considered him self capable of paying, in conformity with the pressure of the times.—( lfrat t f England Journal:) A person in theneigithourhood of Prickwillow, near Ely, three years ago, hired a farm there for seven years at 1501. per annum, and paid all the outgoings. A short time before Michaelmas last his landlord entered a distress far a year . and a half's rent, due the Lady-day preceding; on investigating the matter, the landlord, much to his credit, cancelled the lease, reduced his rent for the current year 1001. and granted him a fresh lease for three years from Lady-day next fir 75/: per an num, making an abatement of one half of his rent.—( Ely Te , legraph. ) LAW INTELLIGENCE. COURT OF CHANCERY, Nov. 7. THE PORTSMOUTH CAUSE. The ATTonNEr-GENERAL opened the case of the peti tioner, Henry Wallop Fellowes, nephew of the Earl of Ports mouth. The prayer of the petition was, that a Commission of inviry should beissued, to ascertain whether his Lordship was of sound mind, and capable of managing his own person and property. The Learned Gentleman detailed at great length. the affidavits which were filed in support of the prayer of the petition. Mr. WETHERELL followed on the same side, until he was interrupted by his Lordship at half-past two. The LORD CHANCELLOR said that this was a case which so urgently required the earliestrpossible decision, that he would proceed with it again to-morrow morning. At the same time he wished to suggest that in a case of such great delicacy there ought to be no publication until the case should be fully heard. Lit was our intention to present our Readers this day, with an ample Report of this interesting and extraordinary case, but our respect for the recommendation of the LORD CHANCEL- Lon, as well as the solid grounds for that recommendation, induce us to confine ourselves to the above brief notice.] . . • COURT OF KING'S BENCH, Nov. 7. THE ICING V. MESSITER, GENT. Mr..SCARLETT moved for a rule to show bause why judg ment in this case should not be arrested, or why a new trial . should not be granted. He would apply himself first to those grounds of - objection which appeared on the face of the record, because, though he was confident that he had abundant grounds for a new trial, he thought the Court would not send so defective a record to a second inquiry. The indictment against Mr. Geo. Messiter, an attorney at Frome, was tried at the last assizes for the county of Somerset, before Mr. JuStice Richardson, when the defendant was foUnd guilty. It purported to chargehim with an endeavour at the subornation of four witnesses, on the trial of an issue pending between Sir T. Swymmer Champneys and himself, to give false 'evidence that the plaintiffhad attempt ed to commit an atrocious crime. The indictment did not shoW what the matter in issue was, or set forth how such evidence could affect the case, or even be produced at the trial. Suppose the action were for goods sold and delivered, it would be absurd to contend that any witnesses could be called to prove such an imputation, on such an issue, or that an indictment could be good, charging a solicitation so to swearfalsely. Mr. .Tustice BAYLEY observed, that in cases of perjury, it was always necessary to show the materiality of the matter charged as false to the question in issue ; but asked if it was so also in subornation of perjury ? Mr. SCARLETT submitted that the present indictment dill not show an" -t-entte - .4-ion between the matter to which the subor nation was directed and the question to be tried, so as to point out any intelligible charge. Mr. Justice BATLEY.—Suppose a man were charged with suborning a person to' sWear that John Thomas was pot - to be believed on his oath, in expectation that John Thomas would be called on a particular trial ; if John Thomas is not called, the matter to which the subornation was directed does not• arise ; but would not the party be guilty of a misdemeanour ? Mr. Seanr.ETT assented to this ; but observed, that in each ease it should appear that the party had sonic reason to expect that-John- Thomas would be called, and that his evidence would be material. The Loan CHIEF. JUSTICE.—If he suborns a witness, does not that show that he at least believes the testimony he can thus procure would be material ? Mr. SCARLETT said , he felt how naturally indignation must be excited at the idea of the crime charged on the defendant; but he was sure the Court would not suffer their feelings to in fluence the decision. The LORD CHIEF JESTitE.—Certainly we shall not per mit them to influence our judgment : we must decide accord ing to law. Mr. SCAELETT proceeded. In point of fact, had the indict ment stated the nature of the issue, it would have been seen at once that the evidence which Mr. Messiter Was charged with endeavouring. to procure could not have been produced at the trial. It was an action for words, to which Mr. Messiter pleaded, not a justification, but the general issue. He could not, therefore, give the truth of these words in evidence; and yet the indictment charges him with attempting to suborn these persons to prove that the imputajon was true. He might sup pose frbm some decisions, to which more particular allusion was needless, that for the purpose of mitigating the da mages, he might show that reports against the plaintiff were current previous to the time when lie used the expressions ; and on an examination of the evidence, it would appear clearly that, even if believed, it applied not to the truth of facts, but, the existence of rumours. To that evidencehe would now advert, with a view to show, ph the second part of his motion, that the defendant wa entitled to a new trial. There were charges of attempting to suborn four per son.; and the Jury found a general verdict of glinty, but only one - of theSe proved any thing at all important to the case, and this was a witness named Knighton. This man deposed, that Mr. Messiter had discounted a bill of 151, for him, and that he came afterwards. to speak to him. The witnes.'s said—l sup pose you are come about the 151. bill that you discounted for me ;" Mr. Messiter replied, " Yes; but not altogether about that, but respecting a dirty report, and a dirty action abOut Champ ' neys ; and added, in the course of conversation, " if 1 would come forward and swear against Champnevs, he would forgive me, and make a gentleman ohne all the 'days of my life." In a subsequent part of his examination; the witness being asked • if he knew what Mr. Messiter alluded to by " a dirty report or action," said, " Yes; because I had hearth reports. Now if this story was believed, to what did it amount ? The witness had heard reports, and the existence of those reports was the only fact he would have been admitted to prove. There was no thing, then which implied a desire to persuade the witness to swear falsely; but merely an endeavour to induce a reluctant witness to come forward and state the truth. Mr. .Justice BAYLEY—It may be 'so ; but it is not a very : proper way for an attorney to collect evidence. Mr.ScartLETT—Certainly not, my Lord, if it were true: and this feeling might induce the Jury, and probably did in-. duce them, to find their verdict without sufficiently adverting to the precise nature of the charge. Even this 'case rested mere ly on the evidence of Knighton, who was asked, on cross-ex amination, may questions, for the purpose of 'contradiction, but was not contradicted, because the Learned Counsel for the de fendant, Mr. Gaselee, did not think; after the utter failure of all the rest of the case, and the entire want of all proof fairly applicable to the.charge, that he should be justified in occupy ing the time of the Court by calling witnesses. Under these circumstances, the defendant confided in the justice of the Court to grant a second trial, in case the judgment should not be arrested. The Lord cniEr-JUSTICE—Take a rule to show cause on both points. Mr. C. F. WILI.T.a.ms said, that he had been instructed to move that the defendant should stand coMmitted, but he would not, after what had passed in Court.„Make the motion. The L O RD CHIEF jUSTICE said, that Mr. Williams acted very correctly; Mr. Messiter should enter into his own recog nizance to appear and receive judgment when called on. Mr. Messiter's recognizance was then taken by the proper Officer. BALQII A.YV. PARKER. This was ar action for goods bargained and sold. At the trial before the Chief Justice at the late Guildhall Sittings, the case appeared to be this :—The defendant came to the shop of the plaintiff, a linen draper, and selected goods to the amount, of 701. which were laid by for him, some of them being handkerchiefs cut from the piece, and he desired that a bill of parcels might be sent to No. 37, Berners-street, but he refused to. give his name. A shopman was sent with the bill of parcels according to - the direction given, when the defendant, who had previously chaffered for the lowest prices, insisted upon having either credit, or a liberal dis count for ready money. '1 he shopman, who had no autho rity from his master to comply with either of these stipulations, returned, and next day the goods were sent to the defend ant's: house, but he refused: to take them in, and the present' action was brought. At the trial two difficulties were sug gested by the Learned Judge to the plaintiff's right of recover ing, regard being had to the 17th section of the Statute of Frauds, 2'9 Car. 11. c. 8.-Ist, That this was a contract not in writing, for goods of the value of more than 10 pounds,. 'and 2d, That there was no acceptance or receipt of foe goods by the buyer to avoid this difficulty. The Learned Judge thought both these objections irresistible, and therefore nonsuited the plaintiff, with liberty, however, to move to set aside the non. suit, and enter a vehlict for 70/. The COMMONI-SERGEANT now moved accordingly, and after stating the circumstances of the case, and the questions arising upon the Statute of Frauds,' and citing for Mer decisions, The Court seemed inclined to -adopt the ruling of the Judge below, but in order that the question might be further con sidered, they granted a rule Nisi. CRIMINAL INFORMATION. Mr. BROUZIIAM moved for a rule to show cause why a crimi nal informatiOn should not • be filed against Mr. Wm. Smith, of Kirby Stephen, in the County of Cumberland, at the instance of Mr. Thos. Briggs, Under Sheriff of the County of Westmor land, under the following circumstances, stated by the Learned Counsel :—ln August last, a cause was depending in the Sheriffs' . Court at Appleby, in which a Mr. Hodson was plaintiff, and 11Ir. Smith defendant. The presiding officer (Mr. Briggs) had with great indulgence allowed . Mr. Smith to call a witness, after his own attorney had abandoned the case as hopeless,, and after the' plaintiff's attorney had replied ; but the verdict of the Jury was against the defendant. Next day Mr. Briggs happened to be at Kirby Stephen, where the defendant resided, and the mo ment the latter saw hirri, he assembled a multitude of people about him' by proclamation in the following terms :—" Here comes the great Sheritfof Cumberland Briggs, who tries canses un justly in the County Court. I have not had a fair trial. Briggs is a d--id scoundrel and a rascal, and tell him 1 say so."— These words were uttered in the public streets, and in the pre sence of a great multitude of people. The Learned Counsel said, that it was with great reluctance Mr. Briggs preferred this application to the Court, but it became necessary from the re petition of similar insults on the part of the same individual. The COURT granted. a rule Nisi, trusting that the effect of it would be to bring the party complained ,of to a proper sense of his indiscretion. IN THE MATTER OF GEORGE JiQVES. The consideration of this case, postponed yesterday, was to day resumed, after the motions were disposed of. The book referred to was produced, and found to contain a number of en tries by Jaques, of payments to Thackeray, of 11. and 11. ls. each, for successive weeks, as well as entries of other advances. The defendant, being called on to explain these entries, said, that he had acted as clerk to Thackeray, at a salary of 1541. per annum. Thackeray was a man immoderately addicted to liquor, and lie.,was forced to take care of his monies, and to make him these advances. He solemnly disclaimed having re ceived any share of the profits of the concern. At his desire, the affidavit of one of the clerks was read, declaring that he considered Thackeray as his master, and that all proceedings were taken in his name. ,He then requested that his own affi davit might be read. The officer accordingly began to read it, but as it appeared 0 be of great length, and the time for the rising of the Court - had arrived, the further discussion of the case was postponed till tomorrow. COURT OF COMMON PLEAS, Nov - . 7. ' CROOK V. 31`TARISIT. This was an action brought by the plaintiff; a captain and owner of a Dutch vessel, against the defendant, a commander in the preventive service, for illegally seizing and detaining his ship. The cause was tried at the last Assizes at Maidstone, when it appeared that on the 23d otAugust, 1821, the vessel then being off Dover, it was boarded by the defendant, accom panied by several armed men ; he, however, did not then de cide that he would seize the vessel, but left three men on board. On the 25th 2 he "ave notice to the plaintiff that he had deter. mined to seize the vessel, which he then carried into port, where she was obliged to . perform quarantine. A correspon dence took place, and an investigation was instituted, the re sult of which was, that the ship was ordered to be released, and given up to the owner, the revenue officers being directed to re-load the cargo at their own expence. The ship was restored on. the 23d of September, and the action was commenced on the 17th of November. On this evidence the plaintiff was non suited, as having been..too late in bringing his action. 111 r. Serjeant 'FADDY now moved for a rule lo show cause why the nonsnit should not be set aside, and a new trial granted. By the 23d sec. of the 43d of the late King, on which statute this action was founded, it was ordered that the action should be commenced " within three months next after the thing complain ed of was done or committed." The questions intended to be raised were, Ist. Whether the " thing done or committed" was completed on the seizure of the ship, or only inchoate, being com pleted on its re-delivery to the owners ? 2dly, Whether "months" in this statute meant lunar or callendar months ? By the 25th section of the statute, it was ordered that before bringing any action, the plaintiff must give one calendar month's notice to the Officers against whom the action was to be brought ; and the 28th section gave 'one calendar month to the defendant in order to make a tender of amends. The Learned Serjeant therefore contended that the statute must be consistent through out; for, otherwise, the plaintiff would have but a few days after the expiration of the two calendar months required for the notice and tender of amends, in order to bring his action. Be sides, in this case, the ship being under quarantine, the plaintiff could not send letters on shore under penalty of felony, without benefit of Clergy, 8Q that by the construction contended for by the defendant, no remedy whatever was given to the party in jured. The Court granted a rule to skew cause. At one o'clock, Mr. Justice BURROU Gil sat at Nisi Pries. BARBER V. PICKWORTIr. Serjeant VAuoIIAN . stated that, the plaintiff in this case was a gentleman who had held the office of Secretary to fiir Sid ney Smith, during the Egyptian war. The defendant was, he believed, a respectable tradesman in Westminster, but on this occasion he had deviated from the conduct which would entitle him to the appellation of a good and peaceable subject for he had committed a most gross and unprovoked assault on the plaintiff. On the evening of the 2d of August, 1821, the plain tiff, in company with a friend, went into Pocknell's Oyster rooms, in St. Martin's-lane, and while they were conversing the defendant mimicked them so much as to preclude the possibility of their continuing the conversation. Some remark was made by his friend, on which the defendant came to them and desired to know if it was directed to him. The plaintiff assured him it was not, as he had never seen him before, but this did not satisfy the defendant, who re plied by demanding a further explanation. The plaintiff ten dered his card, and said he would give the defendant any explanation in the morning. The defendant, however, still persisted in his violent c_unduct, and struck the plaintiff and threw a decanter at him, fhich wounded him in the wrist, and on being taken to the watch-house, he continued to mimic and, insult the plaintiff, and struck him again while there. Witnesses were examined to prove the case. Mr. Serjeant PEAXE, for the defendant, called witnesses to prove violent conduct on the part of the plaintiff's friend, but they also proved the assaults committed on the plaintiff. Dlr. Serjeant VAUGHAN" called on the Jury to give his dient a,verdict on the testimony of the defendant's witnesses. Mr. Justice Bunnoucil charged the Jury, who returned a verdict for the plaintiff—Damages, 701. POLICE INTELLIGENCE. MaxsioN-HousE.—Sir Charles Doyle summoned a fellow named Norman, the driver of a stage coach, for having wilfully driven up against him in the Poultry, to the imminent danger of his person. .Sir Charles stated, that as he was riding through the city a few (lays age, he met the defendant, who was driving a stage coach. Sir Charles was on the right side of the street, and he had no suspicion that a person, who.was at all acquainted with driving, would suddenly turn his horses to the place which he occupied. lie, however, Was mistaken. The defendant sud denly whipped his horses to the spot, and the pole of the coach injured the leg of the complainant. The defendant Made no apology : on the, contrary, when Sir Charles upbraided him with having acted .(;() improperly, .he said, " your eyes, why don't.you learn to ride in the streets ?" This was more provoking than the carelessness of the ,fellow, and Sir Charles took down his number. _ _ The COachman said he merely moved out of the way of a cart, and the gentleman did not look about him, or the pole might have been avoided. He then behaved with much insolence, and the Lord Mayor inflicted upon the penalty of 295. The defendant positively declared that he never would pay the fine. Ile would appeal against it in all the courts in Eng land, if necessary. The LORD IllAyon told him, that if the money was not paid within 24 hours, a disagreeable message should be sent to his house. Ile replied that nothing on earth should induce him to pay the fine. The LORD MAYOR permitted the fellow to leave the Justice room, but assured him that at the expiration of the above period he might expect a distress upon his goods and chattels. uonou brll-ST nra:T.—THE CASE ER DIDGE.— Yesterday, and on the previous day, a number of the relativeS and friends of this man, - who, it will be recollected, is under Sentence of death for criminally abusinga young girl, his daugh ter-in-law, appeared before the Magistrates, with 'a number of depositions in favour of the prisoner, to which they wished to be sworn. . They stated, that, onhearinglie was condemned, and know ing that on his trial he . , was left destitute, they had collected all the various circumstances of the case which were likely to be in his favour, and- hey had also obtained the testitnonr of other persons, and having the depositions, &c., regularly drawn up, they had waited with them upon Mr. Capper at the Home Se. cretary of State's office; and were by him informed that any documentary evidence they had to give must be sworn to before the Magistrates, therefore they had lost no time in waiting upon them for that purpOse. DYER observed thathe did not know_ what to swear them to ; they had better ascertain that before they took any I Oaths ; he remarked, it was strange they did not produce such evidence in the prisoner's favour on , the trial. One of the prisoner's friends said, it was entirely through the neglect' f his advisers ; had the testimony they now could pro duce been brought forward, the man would have been at li berty, instead of beeing condemned to death. The documents were again shown to Mr. CONANT, who com mitted the prisoner, and he said he should peruse them before he could have them swore to. _ . _ The parties then quitted the office. Some of the friends of the man are come from a distant part of the kingdom. • THE CALEDONIAN CANAL•. (From the Edinburgh Courant Nov. 4.) The party who embarked in the stearn .b‘°lll ., on this Canal, as noticed in our paper of luding Fort the County Member, were joined in their progress to All William by a considerable number of other Gentlemen. who composed it at Fort Augustus dined there on Wednesdalr and They departed at an early hour the following mom s ' were joined in Loch Oich by the Comet stearnyachtr i. they embarked, and arrived at Fort William in the evening' - : 1„ 4 . After dinner, in the Mason Hall there, the health jesty, and other loyal and patriotic toasts usual on•sucb 44 prof sions, were drank. The Chairman, Mr. Grant,,ger --- - f or perity to the Caledonian Canal," which he introduced by 'a/ neat speech. . i.. theme; The party set out on their return at 11 o moat noon of Friday, part by boat and the rest on foot, to the r ho tress steam-boat, which remained at Banavie boat. ole arrived at Muirtown-bridge at 12 o'clock the same trign•• opening of the Canal is stated to be somewhat prernatu re '- be an before all things are ready for it, as it was not intended until there should be 12 feet water from end to end. At i;t sent, as has been already stated, there are in some Parts A, 10 feet ; and, indeed, in one place, but 9 feet. It is supPlti that somewhat more than 110,0001. will still be riece s ' l "o . to finish the Canal. The present state of the work ie' a t; o e n sea into wh follows : Ba ' n ' called leta Nep a tu t the locks were quite full, and this part of the Canal is fl:1 15 1., to the full depth of 20 feet. Prom the chain of locks at .11 1 1 , navie, to the regulating lock entering Loch Lochy, th e debi averages abort: 15 feet. The deep cuttiner or summit lev Laggan is 10, 11, 12, and 18 f ‘t the bottom her. n f e o .s rp s a t c a h ir , cas t to the e c u ha n i t n er o is f c i i t g ; e‘ "el), but dth sDa not excavated to the full breadth the remaining brea h ~.t a! 1" depth to be excavated by the dredging machine! and Z e 'The shallows in Loch Oich have been partially to be boated and sunk in deep water in Loch t he dredging machine. The direction pointed out floating buoys in Loch Oich seems very crooked , an d vi° ;be require stmitmg and widening in some laces, to facilitfo!, passage of large vessels. From Loch O i ch to Collar h Y,,, , ak there is 17 feet water. From Culloch Lock to Fort Aii - r i n g not less than 12 feet, bring the height ofthe clay byr in the moor at Fort Augustus. The chain of g at Fort Augustus have been filled. From Loch Dochfour, the Canal takes the direction of .tli e s iji . e li this part has been deepened by the engine to h plat' feet ; but, in consequence of the great cu rrent at time of floods, some of the loose chin& orr i _;dacc§ was brought in by the last winter floods, whicil an he the depth of water for some space to 10 feet. Vile 3 "I it' current will be removed when the cha nne l ma d e to t is ASI e rl tended full breadth and depth, and the waste weir St of Vet' of Loch Dochfour finished, so as bring the surface °. Dochfour and Loch Ness on the same level." We subjoin an account of the length of the the deebreynieulole'al syj Canal :—From the sea-lock at Clachnacarty to Mon - ' ° h -n Loc,,L I length is 1 mile 10 chains ; from Muirtown. thr °4 ' - i• Lam' Dochfour to Loch Ness, 6 miles 55 chains. Length Doch Ness, 23 miles 56 chains ; from the south-west end 7 Ole, Ness to Loch Oich, 5 miles 35 chains. Length of 14°c , bleb t ° . 3 miles 56 chains. From the south-west end oFLocc.' ~00 f 1 Loch Lochy, the distance is 1 mile 65 chains. Leogi"'l,ach! Lochy, 10 miles ; and from the south-west end of lit'" h being to Corpach sea lock, 8 miles 3 chains. Total iens . thr oug h 60 miles 40 chains, of which 37 miles 32 chains Pa ss lochs or lakes, and 23 miles . 8 chains of canal cutting- MIDDLESEX SESSIONS, TnußsD.►Y, lolf. '7. Ann Osbaldesto . ii, a iating Aß w S om ON an . e rar. i c f,' was indicted for wilfully and maliciously • tu- t') setting, house kept by her. , a tv Mr. ADOLPISUS, on the part of the . tion. at 2 ,„i t ilf prosccu of interesting eV'? p facts of the case to the Jury - , and . they were corrobnrat;} the the witnesses subsequently called. The defendan t r en t _alac e ; house in question, No. 40, Chapel-street, Grosvene"tich'' of Messrs. Glenton and Mayden. On the 28th of sel',;:ot to last, about eight o'clock in the evening, the defendant '; wh ° Mr. Glenton and told him there was ii , thief in the ho an aP: looked sometimes like a soldier, and sometimes ii'` e istane parition. Mr. Menton went to the house, and ''-': - folnr a was procured. On entering the attic back room, ' it w:y ' • to be all in flames, the bed was on fire, and somefurninT;),ther one drawer were found some rags steeped in oil, and, l l: "l i r a ca c u a d n l d e l l e ya a s p w p: y re m n , tl a y n d just goit p e u s t oft o . o t, A a s n s d oon a a b s o t tl l l e e at ii! : 0 40 0 ; ;; :e: 7 covered, the defendant ran over to a neighbour or „„„. of Whiting, and asked him to help. to put out tbe 15 1; . , $0 0 " declared she had been robbed of two 51. notes , t ,,; 3 4 P h rr t, reigns, and some clothes. In a short time Wate r ~atc ured, and the fire was extinguished. It was not ft l e r oot!' the fire had burnt any part of the wainscot, or floor af''' al istic and the defendant was` therefore merely indicted f° l i ti o rt Wet theanour. The principal witnesses for the proseetLai t or.' Mr. Glenton the landlord, and Mr. Whiting the ne' • ol ie Their examinations were long, but the facts are coniPri m at very short compass. had Mr.been inALLEY,ade outfor the by d tb e e fe l n y d it a u nt, thought f that so vire e . k .. s tha t there was no necessitifor him t e o sses call ° a r ny the lirn les 'esec:t k c° :h r"trCl, dict the facts. It was so improbable that the defendoroin!Y set fire to the house without hope of gain, and with, d 3 es telta' li of the loss of all her property, that the J 1.1 TY C"' - 0 ri t bc but one opinion upon the case. i ',no ' .. A number of most respectable witnesses, who lia( , ''', he r 0 defendant for many years, spoke most . fa - vourahlY °: ratter. - c a llig The Jury immediately pronounced a verdict of Not ----...._ - e 131 t h c . RIDING ..., -- i 4 ON CAUSEWAYS PIIOIIIBITz.,' he ,- A - t nt ..;jo new General Turnpike Act, which is to take ene e- „ t ' s aall l',, of January next, it is enacted, " That if any Pr a° t urnf i r; upon any footpath or causeway, by the side 011 11 ;0 o i` fs , road, made or set apartfor the use or accornmour o ine, - passengers, or shall lead or drive any horse, ass, ninl i . e " e i.ball 9tv ; cattle, or carriage cf any description, or ailY wil c o c art (:, truck, or sledge, or any single wheel of any wage,. e ;aiie wa ct carriage, apart therefrom, upon any such footpati t a sign „, every person offending shall, for every offence, folle t . t h e lenr e exceeding forty shillings. This seems to set at re' a to W disputed claim beween foot passengers and liorseerf,'!_,„et, causeway, which now appears to be eic right of the w i i s ''' vi ere Mr. DE CA - tr's company of Conledi2lwal to overturned on Saturday week, ill ° Pi!. d e i ti 011 Sheffield, from the coach being ()yel l" g ies the top. The company consiste d of 19 ' T i ih' juanrded, febmuat none les,a dangerously. ) l Of whom‘ ve re more or le' s tile. wi S fe t o m f E M N. r D . l E i t u 7 B ..-- i RYD,esitnerdnauyn gaefrtreorrnS.°oZrolieelt: went out with the intention of purcha s ic a . a stie gown, and just us she reached the top ° 0 ,, at court, in the Strand, she fell dow n ' a ssail' tempted to speak but in vain. EverY, nefor tee h e medical aid was resorted - to, but in aili ' „t he vital spark of life had fled. A card abo was discovered - stating her pla ce of residence. BIRTHS. v oy the . h. At Nagpore, • East IndieS, on the 17th April sing h :s fllg of Captain Duncan Henry Mackenzie , comnianw . of t' ,l ... ness the Rajah's artillery, of a son. To ly Sunday morning, at ose Cottage,. Exeter , the ' ,vs 9 1"" Freeman Barton, of a son. ~_„ gorb •On Friday, the Ist instant, the Lady of l Esq. at Stover-house, De-ion, of a son. es us t b er o tay na a u t t S:. E G s e g o . Br l ac Esq., to Sophia Mary Stopford, widow , fifth daughter' aortal jamin. Kent, late of Cashio.bridge , MARRIED. - deceased. ,ritlelt'lse,stllsolonomofsbjtoirbYnntioTtcll:o,:lengbei:tes.orl3lllo.4ftlai.;:orBer'negesgttoi On Wednesday last, at St. G eo rge' l a, r — at-f° ; inct i o l if l or ou: di, volt- Hurt, of King's-mill, Nottinghams hire, London, Esq., to Mrs. Harriet Theresa Yu square, ondon. - DIED- On the 7th inst., at his house in I.lllPe hariotte.istre,_f,4ittri r C 7 , c9q., in tri g my-square, Samuel John Symons TrickeY ' 4 Eiq'' year of his age. li"In• On Saturday morning last, at TetburY , , J er ' tr l' l r ic banker, of that place, aged 65. of 3 ' On the 3d inst., Mark Klyne, jun., sort n 31r f‘disgta ,t. t he .myn-street, St. James's. , %-row , ' ill, l' On the 6th inst., at his house AsteY , oo kenvi Abraham Western, late of the parish (i t 71st year of his age. alp' st th e Printed and Published for the PncrßlEcifu:„;lits. Office, No. 112, Strand, by J. 15* it•ri j NU A "IC '11"c LING °tie,' Act t e read, - rcet f or 'fifteen 7' Thirty 7'o °,,! if atiowerc t 7 '(' _ (1c 41eAlforif 4'lnd also, P ERac TOOLS Thep ti ti e s 6 „,. 14. 9 1 41i e 4 ,49 ; 4 44 :,! 0 6 e (le/ ach r e ' 7 , 444 6 e de/i i Cltd Ze mer *ATE RI 1 / 4 elnbe at Twelv, TIL E . Darti, do 13c 1.1 1'641 td . and l bo. hied s bis IV 3 p /p h NO' Itr rrov ed Ned t t,, () Xford k id ' St, s t: I ld I 1:1 1 at~ Bs e e )1 'hroY u l t avi J. or, I telt.lll4lea 44d ‘i C .1 4,, 'IN 1 11,, s "er 11, , 41 o Bch c 44 ' , of 1 41: ( 'ar ,Urd e 4 115 t4ti o ".r pr lis ttt lt birth; i, t , t . 4(;, hnd th Q l . e te t l; st is ti ll' h hr bti ed by