The Sun. — London, England, 1822-11-23 00:00:00

THE LONDON JOURNALS. EXTRACTS FROM THE 0 , 111,Y MORNING PAPERS, November 23, 1822. [MORNING CHRONICLE.] Dispatches were on Thursday received by Government, and several letters reached town the same day, dated from Verona on the 12th inst. Every thing wore a satisfactory and peace ful aspect. The result will probably be the Issuing a few manifestos and notes, which will satisfy the Holy Allies themselves, without de.. relying or influencing any one else. Austria will keep Italy as Russia keeps Poland, by virtue of the right of the strongest. M. Gentz is, no doubt, already busied with a recommendation to the Cortes of Spain and Portugal, to give a pre. dominance to the monarchical principle in their con stitutions, by conferring on the Crown the power over elections,which it has in France and in another country not a thousand miles from it. Perhaps the Turks may be enjoined to make war in a more polished manner, and to leave always a part of the population in life, as a nursery for subjects for future cruelty and oppression. The Greeks may also be admonished to bear their sufferings Tike. Christians, and to keep always in mind that these sufferings are not new, that they are used to them, and that old and established evils, and time-hallowed abuses, are better than bene fits to be obtained by innovation.—Experience is in favour of the evil, whereas the innovation remains to be tried.—lt was, no doubt, on this principle, that Lord Londonderry lamented so feelingly, in the House of Commons, the mis chiefs which were about to result from innova tion in Turkey. • [IIIIITISII PRESS.] Dispatches have been received from Verona, dated the 12th instant, which it is understood re present the deliberations in Congress of a -de cidedly pacific character, anti that there was every prospect of a termination favourable to the preservation of the tranquillity of Europe. A private letter from Paris, dated on Tuesday, an nounces the arrival in that capital of an extraor dinary. courier from 'Verona, with dispatches dated the 13th, renewing the assurance that no thing: hostile was intended towards Spain, and " that the Allied Powers would not interfere with the internal arpangement of her political system, as long as it preserved the person and rights of the King inviolate, and established a Government not inconsistent with the interests and stability of other States."—The Paris Papers of Tue'sday corroborate the private accounts. • • [TH E TIMES.] Besides the French Papers of Wednesday, we have received letters of the same date from Paris, which state• positively that Mina had . entered the Seo . d'Urgel., The families of the 'Marquis of Matallorida and of the Governor of Urgel had arrived with- all their effects at Llivia, a village of CatalOnia, near to the French frontiers. It is also stated that the alarm in the Army,of the Faith was at its height, and that the soldiers were deserting by hundreds. The troops at Puy cerda were closely shut up in barracks, under the, fear of a general desertion.—The funds at Parisi on Wednesday ,were-7-Five per Cents. S9f. 30c.; Bank Shares, 16201.; Neapolitan Stock, 772. Exchange on London, one month, 25f. 35c. ;. three months, 251. 20c. After the termination of the regular business, a fall of about 4. per cent. took• place im the rentes,in consequence of a new report of a sudden attack of illness of the King. The report had not received a n y confirthation at the*parture of the couriers, which was late in the evening, and was 'therefore supposed un founded. [MOR NI NG POST.] The Paris Journals begin to assume a pacific complexiotl, and. the Quotidienne itself intermin gles in its ravin , s fa war sentiments and expres sions which seem preparatory to a change of tone. Thus it no longer speaks of the invasion 'of Spain as of " a settled point, but is satisfied with asserting, " that the extinction of the pro ceedings against the Spanish Infants would operate no alteration in the intentions. of the French Government, if that Government had previously prepared offensive movements on the frontiers of Spain." The if may be very ill placed, for there is no doubt that such movements have been in contemplation, but still the assertion that they have not, presents a remarkable discrepancy in the titatements of a Journal, which had hitherto declared that the determination to make war was fixed and irre vocable. A similar substitution of doubt for cer tainty takes place in another part of the same article, where au enumeration is made of the other " causes which may cause France to arm (not to fight) and rouse Europe." It is evident, therefore, that intelligence had been received 'in Paris from the Congress which had compelled the Ultras to lower their tone. [MORNING HERALD.] General O'Donnell is described in the French Ultra Papers as bearing with him money and equipments, the product of the " Urgel Loan." But in some of the Paris Papers we find this Loan, contracted with, a 64 regency," yesterday " of Urgel," to-day 4 ‘ of Puycerda," and to morrow perhaps of a" regency" in nubibus, as a pure fiction—unreal as the chimera. One of them, an Oppositions paper (Courier Francais,) gives the following exptanation of it. After stating that it was this pretended loan that shook public credit on every Exchange of Europe, it goes on. H - owever, we, must take this loan of Urgel for what it really is, and reduce it to its real name. What does it present to us -A factious party, almost wholly chased from its country, and which, being without - resources, addresses itself to M. l Ouvrard, Whom it believes well provided. The latter s fertile in expedients, sees in this specu lation, the means of paying his debts. The Con stitutionalists claim from him an enormous sum, as their debtor. He seeks to make himself the creditor of the Royalists to an equal amount. Afterwards 'he will establish a set-off—and the rest of the loan may become what it can. This is the bottom of the affair. * The idea is not that of a dunce—and most certainly no apellatire is less applicable to M. Ouvrard." [NEW TIDIES.I Our private_ etters from France are full of ex ultation at the result of the law Elections. Our readers know that the Chamber of Deputies, an swering to our House of Commons, renews 1-sth of its members every year ; for which purpose the departments are divided into five series, taken . as indiscriminately as possible from the different parts of the kingdom. The Elections of the annual fifth are again divided into those of the smaller and those of the larger Colleges. The smaller Colleges, consisting of the smaller pro prietors, are naturally regarded as more favourable to the popular interest, the larger to the aristo cratic. The Elections of the latter take place first. They are just finished for the present year, and the result is, that out of the Deputies chosen, the Royalists have obtained seven-eighths of the nominations. In the greater Col leges, the majority will no doubt be equally im posing. Nothing can spew in a clearer' light the miserable imbecility of the Minister, who was at one time represented in certain English Journals as the only man of talents in Fratice. M. Decazes threw a greater weight into the scale of the Revolu tionists at every election, until, at lastoot satisfied with electing a Swiss, and even a Member who in the rebel Chamb er h a d move d t h e accessi o n of Napoleon Li. to the throne, they went so far as to choose a Regicide! So - different is the:case now, that Constant the Swiss, Gen. Semele, Bogue de Faye, and several other ringleaders of the liberal faction, have lost their elections : and though we regret that the Chamber is still disgraced with the name of La Fayette, yet this veteran Revolutionist succeeded by a very small. Maj ority. On the other hand, M. Hyde de Neuville, the celebrat e d ' ora t or of the-ChambiT Inirouvable, is now restored to the Legislature, as are several other distinguished ornaments of the Royalist cause. PROVINCIAL JO UIINA LS. (From the Bury - Gazette, Nov. 20.) At every Radical Assembly it has of late been k. the fashion to tell the gullible auditors, that England is a de graded nation ; that, once the refuge of a suffering world, she is now sunk, debased, anti powerlesss ; and all this because her councils,have not been guided by those who thus traduce her,. because she has not abandoned a system which led her to glory and secured the peace of Europe. But a few dayS. are passed since the Red Lions of Cambridge re-iterated the lamentable tale of England's degradation, and now we find this debased . ! wretched ! powerless ! country dictating 'in the Congress of Empires the line of policy that shall be adopt ed by her Potent allies ; alone protecting Spain and Portugal from the aggressions of less conscientious powers, and deciding singly the important question of peace Or war to all the States of Europe. If this be debasement; we should wish to be told in what national honour consists. If to be the arbitress of the fate of empires be degradation, will the people who luxuriate in their country's imaginary shame condescend to make known their ideas of a nation's glory. Madbrained reformers of una existing ills would have plunged England into a war of bar barism, solely because it was a war of rebellion : Sovereigns who rule unrestrained by laws would have involved her and them, selves in blood and homicide, to check the march of the lin:. man mind ; but Britain is 'too high-minded, too generous, too free, to be made the tool of traitors or despots. Her go. , vernment will neither engage her in a mad crusade to fight the battles of half.:cl-reisti a n Greeks, at the will of unchristian demagogues ; nor, suffer her glory to be sullied, by preventing neighbouring natioUS from achieving that liberty s h e love s an d prizes so highly.—That the civil dissentions in Spain should 'excite much solicitude in the several Governments of Europe is not at all matter of surprise. With the fearful example of Prance in their . recollection, who bat must view with awe the', internal convulsions of a mighty empire, rent by contending. factions, and - suffering under the united horrors of war, want, superstition, and misrule—the slave alternately of a weak King and a blood-stained cligarchv. But, whilst th e. Co r tes and their adherents confine their deadly doings to their own soil ; ,whilst in working th e i r own d e li verance, however unjustifiable their means, they seek net to make pro - selytes and disturb the .secu rity- of happier nations,,as Prance did' in ber hour of madness, there can be no just reason for other countries to combine and sweep her iron the earth. The law of nations should be the law of reason, like the laiv between man and man ; and no man can be justified in interfering with the acts of his neigh hour but where those acts are prejudicial to others; then indeed. ' and then only,'it i s th e common d ut y of all to declare open hos 7 tility to, purposes openly injurious. The war of Europe against revolutionary Prance was a war of necessity, for France sought to revolutionize the w or ld. The peace of,Sp a i n i n the changes of her goverrmient is preserved by England, because those changes trench not upon the 'eights of others—exceed not the limits of her own domain. And shall ive be told that our coun try, possessed of power and .guided by principle, is degraded? —that, in alliance with the mighty, yet protecting the weak, Britain is a dis=graced nation ? l es the absurd falsehood will be repeated, and there will be found ' fools to believe and applaud the slander; let such men pursue their course of error; re form in th em i s h ope l ess, f ur t h ey close their senses against , conviction. LAW INTELLIGENCE. VICE-CHANCELLOR'S COURT, Nov. 21 BLANCHARD V. THE EAST INDIA COMPANY. Some time back a person of the name of Blanchard applied to the Court to grant an order directing that the East India Company should pay over to him the sum of 6001., to enable him to provide for the p assage o f 60 L ascars to India. The Counsel for Mr. Baxter upon that occasion stated, that the bascars had been engaged to work a vessel from India to Eng land, upon the understanding that they-were to be shipped to return to their own country at the expence of the owners of the vessel, within three weeks after their arrival here. The vessel reached this country in safety, and the profits of her freightage were deposited in the hands of the East India Company. • A,• dispute existed between Mr. Baxter and Mr. Blanchard re specting the right of ownership to the vessel, and a cause was now pending in the Admiralty Court to decide this question. The East India Company refused to pay any money out of the fundS in their possession, either to Mr. Baxter or Mr. Blanch ard, until' the question respecting the title of ownership should have been determined ; in the meantime the Lascars, for want of the money necessary to - provide for their passage, were com pelled, contrary to their inclination, and the agreement under which they had been engaged, to remain in this country. Un der these circumstanc es , Mr. Baxter pray e d th at t h e C ourt would direct th e East India Company to transfer out of the funds in their hands the sum of 6001., for the purpose above men tion ed. The Court acceded to the motion. Mr. HORNE , this morning, informed th e C ourt , t h at s i nce Mr. Baxter h a d obtained the order for the transfer of the 6001., he had engaged with the Captain of the ship Melpomene for the passage of the Lascars to India, but he now refused to draw the funds from the East India Company to pay the Cap tain. The Melpomene was expected to sail instantly, and his client (Mr. Blanchard) was extremely anxious that' the Las. cars should sail in it, as they were highly dissatisfied at being detained in this country, which they imputed to the instrumen tality of Mr. Blanchard, and had actually beset his house in consequence. • He therefore moved that the Court would over rule its former order, and direct th a t th e sun]. of 6001. should b e transferred by the East India Company to Mr. Blanchard, to be appropriated by him to the securing the passage of the Las cars to India. Mr. BELL, who appeared on the part of the East India Com pany, said that his clients considered themselves mere stake holders, and they were willing to dispose of the funds in their hands in any way which the Court might direct. Mr. ROSE, Counsel for Mr. Baxter, admitted that that Gentleman did not intend to send the Lascars to India by the Melpomene, as he had at first proposed, but it was his intention to send them home by a ship of his own, which would sail in. about a month. In the mean time he would maintain them at his own expence. The VICE-CHANCELLOR said, it was evident that Mr. Baxter wished to avoid carrying into effect the order which the Court had issued upon his application, He would advise Mr. Horne's client not to tress for an order upon the present occa. sign, but to pay for the passage of the'Laicars by the Melpo mene, and then to apply to - the Court for an order, which would enable him to reimburse hiinself for the money which he had expended. Mr. HORNE said, he had no doubt his client would act upon the suggestion of his Honour. DAVIS v. TIIE DUKE OF MARLBOROUGH. Mr. HART moved that the Court would direct the defendant ,to pay the plaintiff the sum of 1721., being the amount of his taxed bill of costs. He would state the circumstances of the case. Some time since the Duke of Marlborough made an ap plication to the Lord Chancellor for the dischargeof the receiver of the rents and profits of his estate, who had been appointed by the Court. Upon that occasion the Lord Chancellor declared that he would not permit the receiver to be discharged until after a certain sum of money had been paid into Court. The money was paid, and the receiver (the plaintiff) was discharged. The Lord Chaellor subsequently directed th e defendant to pay the reccivr his costs,. and referred it to the Master to ascertain their amount. The Master allowed 1981. as the amount of costs. This sum the .defendant 'refused to pay, and a writ of sequestration was in consequence issued against ' him. The defendant thereupon petitioned the Court that the Master might be directed to review his taxation of costs. The Court granted the prayer of the petition, and upon reviewing the costs, the Master struck out one item of 261., which reduced the amount to 1721. To obtain from the Court an order directing the defendant to pay this sum, was the ob ject of the present application: The process of sequestration had been suspended suite the presentation of the defendant's petition. He (Mr. Hart) apprehended that the plaintiff was entitled to the costs of the process of sequestraiion, and also of the present application. Mr. WRAY, for the defendant, contended that his client ou g ht nat to be made to p a y th e costs of the process of sequestration, because the plaintiff had not given him notice of his intention to take oat the writ, but, on the contrary, had declared that he would not do so. Mr. HART observed, that his Darned Friend stated those facts from affidavits which had been filed upon some former oc casion. He apprehended that it was irregular to refer to such affidavits without having given notice of the intention to do so. If, however; - the Court thought the facts which he had men tioned material, he hoped the case might stand over until his client could prepare au aniwer to them. The. VICE-CHANT rEI.O R was of opinion that if the writ of sequestration had been taken out under the circumstances stated by Mr. Wray, the plaintiff' had acted against good'faith, and could not claim the costs of that process. It certainly was irre grilar, to refer to affidavits which had been filed on a former oc casion, without giving notice to the other' side. Tie would direct the case to stand Over to the last day of term, and in the mean time the def en d an t must informthe plaintidwhether he meant to refer to any, and what affidavits., COXE v. VAUGHAN. It will be seen by our. report of the proceedings in this Court on the 15th instant, that the Vice-Chancellor directed certain inquiries to be made by the Master, respecting some property in , the hands of the 'defendants. jr.3 llArtx, as counsel for Sir T. Champneys, now stated that he considered some of the inquiries directed to be made were unnecessary; he hoped the Court would review the order which it had made. - The VICE-CHANCELLOR said,,he considered the inquiries which he had directed to be taken were necessary, but he had no objection, to save e*pence toinake an order that the defend ants should be at liberty to sell the property in their possession, and to deduct the amount of all their charges upon it out of the produce, and to pay the surplus into the hands of the re-' ceiv( r. Mr. HART consented to :his order. CAMBRIDGE ELECTION. The VICE-CHANCE Limit, addressing Mr. Bell shortly be fore the rising of the Court, said. " You seem to think, Mr. Bell, that counsel may be absent two days next week, on ac count of voting at ,the Cambridge election. 1 think it would be desirable that counsel should pair off: It certainly will he a great inconvenience if the - whole'business of the Court should stand still for two days, because of the Cambridge election." Mr. BEr.r..—l shall be absent on the short cause day, and I will not take briefs for that day. The VICE CHE NCEL;,Oa.-LI think the candidates should give Counsel an opportunity of paring-off. Mr. HEALD (laughing.),-I hope, Sir, we shall be all on one side. - - . „ Mr. -BEtr..—l belieye the Vice-Chancellor of the University has granted two days tbr the election, one of which is the short cause day. I, shall be absent then, as lam extremely anxious to vote on the occasion. . The VICE-CuaxcEttoß.--,But surely you may find some person who will pair off with you. I think - your friend is bound to find,you the means of doing so. _ Here the conversation terminated. • . , COURT OF KING'S BENCH, Nov. 22. Eixa v. BRIDLE. At the sitting of the Court, the defendant a pp eare d on th e floor to receive judgment.. He was addressed by Mr. Justice BAYLEY in nearly the following terms : " You have been found guilty by a Jury of your ebuntry, ,for,, that you being the keeper of the . gaol of llehester, did illegally cause a blister to be applied to the head of Thomos Gardiner, a prisoner in your charge, and that you confined hiM in a strait waistcoat. Of theSalauts there is no dispute. It appears that the prisoner Gardinift very young, not more than, eighteen or nineteen years fi r• he had been capital ly convicted, and his sentence commuted to eighteen months' imprisonment, and to bard labour. Arhile he was under your care lie bad been occasionally punished for other offences in the -prison, but it does not appear that you bore hint any particular enmity. In November, 1820, (on what precise day does not appear) he stated that be was ill ; the surgeon examined hiM, and reported that, as far as he could judge, this wa,s , untrite. He was afterwards confined in a solitary cell; and while he was in this situation, you had an unfortunate interview with Mr. Briar, the surgeon, an which on your suggestion to hint as he states, or on Briar's suggestion to you as you allege, it was determined to administer a blister, after it had been proposed that he should be physicked in another way. Whether the suggestion came froM you or not, does not seem to me to be material; for even in adopting it you committed a great violation of your duty. It is of the utmost imPortance, not only 'to the comfort of prisoners, but to. their good order, that the gaoler should confine himself strictly within the limits of his authority ; while he does so, subordination will probably be maintained, but when he exceeds his power, it will cease; And it is of importance that prisoners should know, that if the gaoler exceeds his duty in punishing them, the Court will visit his conduct with their displeasure. It appears that this blister was prepared by a medical man, and that it was of a kind often and safely applied to inf an t s o f ten d er years ; t h ere can therefore be no doubt that its effect was to produce pain with out danger. In addition to this, you kept the prisoner for se veral days in a strait waistcoat; and of these punishments there is no entry in the occurrence book, which shews that you were aware they were wrong, or you would have submitted them in the usual course to the inspection of the visiting Magi strates. 'While this man continued in a solitary cell, there could be no occasion further to restrain him by a strait waistcoat, and though there seemed reason to Wive that the , application of the blister was unpremeditated -the continuance of the strait waistcoat must have been a deliberate measure. These were great deviations from duty—not indeed calculated seriously to injure a prisoner, but to annoy and distress him with pains which the law h as not directed. Front the evidence it ap peared highly probable that Gardiner had misconducted him self prior to the infliction ; but his misconduct. _cannot justify yours. At the trial a number of witnesses were called to speak to the tenour of your life ; some who had known you from in., fancy, who had witnessed your conduct in various situations of trust and confidence, and who had ample opportunities of forming a judgment on your character. From their testimony it appears that you have, in vtry delicate circumstances, con ducted yourself with great propriety, which has been continued during the time you exercised the functions of gaoler of Ilehes. ter. The Jury, while they felt it their duty to find you guilty of this offence, were deeply impressed with the character you received, and they earnestly recommended you to the mercy of the Court, that. all possible leniency might be shewn you.— On tile application for judgment, you have produced a great number of affidavits to the saute effect, describing your conduct as excellent in all the relations of life;—representing you as going beyond your strict duty as a gaoler in the way of benevo lence, hazarding your own life to minister to the necessities of the afflicted and dying, and affbrding them bodily relief and mental consolation. In considering this case, though the Court must attend to the particular facts, ,they will not exclude from their view Ihe whole tenour of the conduct of the individual before them. Had they reason to think that thi s was one o f a series of similar ac t s , their judgment w ou ld h ave been extremely different; but as no affidavit has been producediin:aggrava don of punishment, they must treat it as a solitary exception in your general demeanour. It also does not appear that any permanent injury resulted from the infliction, though the prisoner no doubt suffered temporary distress. In further considering the case, the Court cannot refrain frem looking at what you have already suffered : you have been .deprived of a respectable situation which you have filled for many years with:credit; you have endured that mental distress which must be the Onsequepcc of the impeachment of your character, and the' loss of the esteem of persons above you in station, which you had acquired and felt that you deserved; and you have been put to great anxiety and distress by the proceedings against you. These things the Court consider; but they must show other gaolers that they are not to deviate from that plain line of their duty, to keep those committed to their care in safety,• and in case of refr.actory conduct to exert only those poivers • with "which the law has armed them. They do not, however, think that, as you have already received so much punishment, they are now called on to inflict imprisonment upon you ; but that the purposes of justice will be answered by a pecuniary tine. They therefore adjudge, that for the offence ofwhich you have been found guilty, you do pay a fine of 501., and be committed to the custody of the Marshal until such fine be paid." The defendant, who appeared much affected during this address, burst into tears at its conclusion, and sate down. lie shortly after left the Court, having paid his fine. The LORD CHIEF JUSTICE left the Court to attend the Privy Council. The other Judges then proceeded to hear the case of ABBOTT V. YOUNG. BREACH OF PROMISE OF MARRIAGE. This was an action by a Lady against a Gentleman for a breach ofpromise of marriage, tried at the Spring Assizes for Yorkshire, when the Jury found a verdict for th e plaintiff; with 150/. damages. I n Trinity Term a rule was obtained to show cause why a new trial should not be had, on the ground that two witnesses, the sisters of the plaintiff, had committed per jury. At the trial, the defendant proposed to rely on two let ters addressed by the plaintiff to him, not insisting on any pro mise of marriage, but requesting that he would procure her a situation, and make some provision for the child of which he was the father. The two sisters of the plaintiff were . questioned by th e d e f en d ant ' s counsel as. to the hand-writing of these letters ; but they swore that they could, neither read not write, nor could their sister the plaintiff; upon which the defendant was prevented from giving the letters in evidence.-- The rule for a new trial was obtained on the ground that these witnesses could both read and write, and had therefore corn mitted perjury. It was now admitted that the affidavits imputing perjury were answered satisfactorily, and therefore this ground was given up. It appeared that the letters were written by a third sister, or sister-in-law, who had been accustomed to write in the plaintiff's name and by her desire. The Counsel for the defendant now, therefore, contended that they were entitled to a new trial, on payment of costs, because they had been pre vented from giving the letters in evidence, which might, have induced the Jury to think there was no promise, or might at least have operated in reduction of damages. Mi. RAINS showed cause against the rule. The whole evi dence in the cause proved - that 'there - had been . a promise to marry this poor woman, whom the defendant had seduced and deserted. There were clothes bought, what could they be for but for a wedding ? Mr. Justice BEST.—As there was a child, they might have been for a christening. —(A laugh.) Mr. RHINE proceeded to .urge that' the defendant might have called the third sister who was. in Court ; and that .the letters could have made no difference in the verdict. • • Mr. Serjeant llum:o6K, Mr. J. lirrntiAms and Mr. BltouGuA.3l were heard in favour of a new trial • The Couriw were of o pi n i on t h a t t h e defendant was not en titled to urge that he was taken- by surprise, until he had called all the sisters, and had obtained a - denial from them all ; and that subStantial justice had been done by the verdict, which they therefore refused to disturb.,-Rule discharged. THE IC.IHG . V. A MAGISTRATE OF HEREFORD, Mr. CAMPBELL moved for a rule calling on a Magistrate of the county of Hereford (whose name he did not mention) to Show cause why a criminal information should not issue against him. The Ma g ist ra t e h a d a'ne i g hb our named Austin, whose mill was supplied from a water-course running through his grounds. In August last Mr. Austin employed workmen to fence, and clean the water-course, as he had always - done without objec don, when the Magistrate directed a constable to take one of the Workmen named Probert in tocustody, and carry him to the round house. This was done; and though Mr. Austin tenderedbail and offeiedlo . deposit 100/. to ensure the attendance of the man to answer any charge against him, the Magistrate refused to set him at liberty, !it detaineChim, wet and and without his jacket, till eight o'clock in tip evening, when he permitted his prisoner to depart, on a promise to attend at a petty sessions next day.. On the morrow the man appeared at the se ss i ons , where he found - two Magistrates, besides the Gentleman who ' had detained him ; they said that there was no ground to detain him, and that his accuser did wrong to sit in judgment on his own cause; but no sooner were they gone, than that accus e r ordered him a ga i n t o b e ta k en i nto custody. On the 2d of September he pursued the same conduct towards another of,Mr. Austin's workmen. • Mr. Justice - BAyLra- asked if the men had done any thing but commit a trespass ? Mr. CAMPBELL replied in the negative, and added, that they were only 'working in the same way in which Mr. Austin had always directed the water-course to be repaired. Mr. Justice BAYLEY.—The charge is then against a Magis. ' trate in the execution of his office? Mr. CAMPBELL—Certainly, my Lord. Mr: Justice BAYLEI...—You may take a rule to show cause ; and probahlywe shall not hear of the matter again. Mr. CAMPBELL took his rule. `COURT OF COMMON PLEAS, Nov. 22. When the Lonn CHIEF JusTicE had taken his seat, he intimated that the further hearing of " The King v. Messitor" would be postponed until next term. his object in now men tioning this was,in order that the parties in attendance might not be detained any longer. • The expected judgment in the case of " Gorton v. Sir T. Champneys," was also deferred to a future day. CONSISTORY COURT, Nov. 22. THIURLOW v. THURLOW. This was a suit of divorce; a mensa et. thoro promoted by Mr. Thurlow, the husband, a ga i ns t hi s wife, M aria ' Thurlow, by reason of adultery. The pleadings were read at great length by Dr. JENNER and Dr. LUSIIINGTON, immediately atter which the pourt proceeded to judgment. The Learned JUDGE, (Sir Christopher Robinson) observed, that the present cause originated in a suit, brought bytbe de fendant, for a restitution of conjugal rights. She had not suc ceeded in establishing a claim to the interference of the Court on her behalf; and it would appear by the evidence which had been that day produced, that at the 'time when she instituted the proceeding just mentioned she was living in adultery, and passing as the wife of a person with whom she carried on the criminal intercourse. In what spirit, or for what purpose, the suit was commenced under such circumstaticea, it was diffi cult to imagine, though the Court was willing to admit 'the most favourable interpretation it would bear. The parties to the suit then pending were, it seemed, married about thirteen years before, and the - answer of the husband went back to the year 1809. For a considerable period they lived tranquilly together, and had five children before their sepa ration. It was not till 1321 that Mr. Thurlow became fully ap rised of his wife's infidelity, or discovered the a d u lt erous con nection which had subsisted between her and several in dividuals. In answer to these charges Mr. Thurlow had re sorted to recrimination, and it was somewhat extraordinary that the two periods on which she fixed were the yews 1809 and 1814, towards their latter end. No specification was made of place or circumstance, and the whole was made to rest upon the inferences to be drawn from the testimony of a mediSal gentleman who attended the husband at those periods. Had this Incrimination, however, been substantiated in the clearest pasr..aer, its effect would have been very questionable in a case like this.. Such was the result of the pleadings, and in looking at the evidence, that of Elizabeth White was sndistinct and conclusive, as t o leave very little doubt upon his mind with regard to the principal point —that of Mrs. Thurlow's misconduct. The deponent swore to the latter having passed an entire day and night with a gentle man who then lodged in the house, and that she, the witness, saw her go away privately in the morning. This was corrobo rated by the landlady ' • and passing over her cohabit a ti on w i t h Mr. Ferguson in th e King's Bench, a place where testimony Was not perhaps of the best description, the evidence of Char lotte Carr was next in importance, as repelling the alibi which it had been attempted to set up, and which was inconsistent tvith every other statement in the case. No counterplea bad been put in, but the lady's defence consisted of another allegation, which, on the opposite side, it had hardly been thought necessary to dispute. The recrimination too was of a particular nature, quite mineral in the first instance, and then confined to a period of three . months after the .marriage, the only further 'time specified being the latter part of the year 1814. Now the surgeon who was examined; could recollect nothing of the first mentioned period, and gavea direct negative to the suspicion as respected the year 1814. There was not therefore the least substance or colour of a defence which the Court could recognise in any stage ofthe proceedings. The charge against the husband was confined to two periods, of which the latest was 1814, and yet these parties had lived together till the year 1816. Mrs. Thurlow then thought proper to leave her hus band without any apparent provocation : she was the daughter of an opulent person in extensive business, and every effort had been made to reconcile her to Mr. Thurlow. To all these proposals she had refused to listen. Subsequent to this disunion, no corn plaint had been urged against the husband; and he, as had been already observed, continued in ignorance of her miscon duct, till the year 1821. He (the Judge) had paid the deepest attention to every part of this inquiry, nor had any thing pre sented itself favourable to the defendant's case, of which she had not been allowed the utmost benefit. He was of opinion, notwithstanding, that the plaintiff's allegation had been sub stantially proved, that nothing was advanced on the other side capable of repelling the legal consequence, and that the separa tion prayed for must be decreed. - The defendant, if she should be so advised, might appeal to a higher Court against this judgment. POLICE INTELLIGENCE. „a 1 10 1 1 MANsioNsllousE.—The gunner of the celebrar _ , :- frigate, which fired upon the Chiiiese some months- 1115°7 .n did more exec u ti on t h an t h at people acknowl edg ed, a P 'l' liP 111 the Lord M AYOR f or hi s Lordship ' s interposition in -- h ' l , t t fla!' a little boy named Shea, whose merits and misfortunes him to particular notice. The Gunnei said, that .in the way to China, the rr T r i• touched at Ceylon, where the poor boy, in the towrrof ~.,„••` et i make, was hard at work amongst the natives, and seL 3- t at, be greatly discont ente d at hi s situation. Th e 7 gannerw ti passionated the unfo r t unate c hild , and f i nd i ng that he sP° English language, p r op o s e d to hi m to leave his slaver y an d his chance in another country. The offer was embracet instant, and the bOy was ta k en on board, with the cori se s Captain Richardson, the spirited and honourable Gointe o 4 of the fri ga t e . I t was i mpossible to do justice to thfe' ~i r o seaman during the period of his servic e . Alth o ugh botu 4o o years of age, his activity, courage, and grateful r ecollerro benefits could no t b e surpassed. Indeed, the gunner f e l t he called a we i g h t upon h is breast, which he could not de s , at being obli ge d to part with young Shea, whom he to 01 ho from the savage society to which the little f e llow had I . ° illf infancy been doomed. But duty presSed upon the man' s , 00 Topaz had been comdemned and broken up, and her rte, a e been ordered to the Victor, which he was obliged to join I '" o ,t diately. As the boy was not of the necessary sire and stle, to be added to the transfer, he must be left behind ; an d e hi' had no friends in the world but the crew from which 1 0 0 been separated, the gunner, having failed ill repeated av w , o o l to procure him employment at Portsmouth, brought h im i t ' ll; d L e o f n ec d t o o n f i a n dirn the in h u o t p iv e e s tl t i a a t t ur ch e. aracter would compensa.e a The LORD MAY*oli highly commended the humaniqffj or o tl' ht gunner, and a t th e same time felt some surprise at the (I , b le encountered in the efforts to obtain a situation for so Yalu' , Loy. *fie” P The gunner decl are d t h at h e s h ou l d select the boy tosf multitude of all ages and abilities to accompany hint IV° s joa dangerous enterprise. The jeurney from Portsmouth toli ° ,l4 bad been undertaken in the confident hope that a nias te L - 0 111 be found through the interference of the. Magistrate, or t `' 3t ` te isP' known liberality of 'the public press. If, however, the t ivo o should not be suc cessf u l, he (tile gunner) would still ton his contributions for the support of the boy. ll' r , 0 t The LO‘li'D Ma - I'On said he * should cer t a i n ly ena'a , va g ee serve the boy, and di rect t h a t t h e Governor of the GiltsP":o9 , 'CouipteT should in the mean time take all possible care oi, e o At parting from t h e b oy t h e gunner shed tears, an d g es more than half of the contents of his pocket. , ine,' It was in tile course of the recital mentioned' by tl'e r wile" whose name is Hutchinson, that he*was one of the tutu of t'; the . Chinese demanded for eXecntion, in cbnsequenc e jet destructive fire which the - Topaze had directed Taiti' them. A great number of the crew had been en' ristell ° fully in the course of the disput e on s h ore , and idle r ' sot'e", inson • received' orders to fire, he *did not - forget' Oc he l et " tion of his comrades,. and performed his duty 'pith t-tett b,. terrible fidelits. Tfie Chinese, he Said;.first admitted/ t o rLII th2'fire from the Topaze th ey had lost 14 men, and afte r ! . fon they diminished theiriaccount to the number. of three ° o o,el in conformity with the usual practice of that peope i c t % presenting facts. Ile believed from Ids' soul-that they ed to P i t men ; and he added, . that."the Captain; on •being.aPPli it be the gunner, to hang whouta gallows had been erected , it lie at the, request, and would have blown at them as 117r14 or had powder, sootier than - yield to such art application , c ti e daily as the na ti ves h a d brought down the ,vengeatle t ie themselves. , __,..1 e 5,, , UNION-H ALL.—ExTua.onDiNan'i IsroosTon- eo tit•-' . day a girl of most fascinating appearance, •who has ar,'„ , hf, variety of names, was brought before L. B. ALLES , ~- ue e i s ne the overseers of Bermandsey, charged with having " g rotO . pauper of that parish under circumstances of the very deception. atc'' Mr. Holland . (the Overseer) stated, that the prisoner.ll.3e 014 picked . up in Bermond s ey-street, house in a state of great apparent distress and fa* ;ei &el le then stated that she had just walked tip from Hydi e ', t , and conveyed tb. yu w e , P t. where she had been seeking her mother without effe tbe e/c", greatest interest was excited by her appearance an„ i lboit i , e i s ,' quent manner in which she.detailed a long series o f nice v e t and her case was investigated in the Committee-room, t r t , es iele ile said she was the daughter-of a private in the Bla t t N ein' t •,,, of foot, and was born at Malta, from whence she wen pel ll e regiment to the West Indies, America, and Italy - , a C. tory, however, caused seine dOubt'as to her veracity, aP ;it t ' ibi tt e inquiry being made, she, w,as found to ba *a most all oc cl. 1 1 liar. On a former occasion .this young lady had de e d i of, ll ` /I the most positive Mannet;*that letters, denymg the tild ti .. ,, i r story, were fabrications, and that the•parish was iniP. -- an by her enemies. . Mr. ALLEN the n . re f erre d t h e inve s ts `' the, to the Mendicity S oc i e ty, a n d a person.froin the office of njea b y institution attended the M ag i s t rate yesterday, accnag a r , .a number of parish officers on whom she had imrose“. weea e 4 It was stated to Mr. ALLEN, th at theprisoner 4 1 r sh i rt fully skilled in the art of imposture, and had aniongstn e ro sive', some persons of the highest rank. - - A letter had b n ee e tesing i til ' by the society fropitlie- Dowager. Lady Starnfonl , t e c olarili petition of the prisoner, wi th was mentioned in it as lalpole. i, Miss Hardy had teen also recommended by .Iliss i a ilele; s whose door she had been found in a condition sor e ' Relief was forthwith granted, and letters were sent wected; bit. where the prisoner said , she , was known and re,sP that dar e Yl the 1 43 c t before the answers were 'received, she asap i car e( ' ee that s after her last visit to the society, pretty !, , , ev iden et was an impostor arrived. • . i oris° ll ,l The master of Whitechapel-workhouse said, that. t , il ,, c en i bout' , -was a pauper in that pariih for many years, and had b e en to to tt' e apprentice to a coach-Lsoilder, from whose service she ran nalli, the experiment of working upon .liumanity.. I _ler v :!loolit was Maria Hughes, and her brother was now in the ,?..„',,,erit e tY,, beelqio: wIl lI P Since her flight from her apprenticeship, she inal passed to her parish • the last time being in illaY„ . • t d 4 iso i', e , e er she was sent from Kingston - upon .Thame-. She ii3 n de, 3 ' o at St. Martin's workhouse, from which she absc o having robbed some of the inmates of 30/. or 401. Th e ,t ~,ti'f informed the Magistrate that he bad heard she wou ld ,or c e l l death of a near,relation, be entitled to the sum of 6 u. 1 , 0 " ri , ever', She had been in various asylums in the Metropalis ,l , 4 induc t was not at all to her taste. - one of which she-had decamped, as confinetnent an d ' vnari,., able Th com m and e3ragistra of te tea a nt sk , e v i h tl et l h e e g r ir sl l ie the accounts she had just heard. She held down he IL ish that sobbed. She then admitted that she belonged to the P a :_ken t o claimed. her valuable services, but was silent when , 1" n t ac about her parents. - * s till 1 ' 3 ' 1 '44 the singular 'conduct of the impostor, over whom . ~...a r rii t _ who had h di at s l po t s h ed e m to ns re t ,,: , s ea ctia i rda tt a l very great mystery, said he should remand her until then e 0 Mr. ALLEN, who was evidently struck with astonishree „ r s a officers of 'St. Martin's should attend. She was tae ' prison.. • COAL-MARKET, Nov. 22. Pricei s , a od to y g j 2Shipssold • -42 s (id to if.:000 Ships at Market. 8 Newcastle 2 Sunderland Nov. 15, l ue;d a ay t BIRTHS. Bull, Esq., New Inn-lane, Oxford, the lady of irlo• l ß as a t :k of we a ll "n the at l th dy e Esq., of Tavistock-square, London. of daughter. ov. 19, the lady of Dr. Muttlebury, of a still-born u "P nro, Nov. 18, at LOpperwobd Hants, the lady of Matthew Esq., of a daughter. hoof" i F her ge f a 7 2. ,91 li t ea, On Thursday, the 21 1 st il i l i i A si ß ., R a l t l s 3D t. ii v.. Thomas Scott Smyth; of St. Austle, in the county del . met. to Georgina Theophila, youngest daughter of Sir T.: i . ilsrt., calfe, Bart., and sister to the present Sir Charles Metcaue, , of Fern-hill, Berks. - siiaiffeld/ On the 21st inst. at Walcot church, Bath John el d e st Esq., of Christ's College, Cambridge, to Bath, John of the late Harry Darby, Esq. ________,„.—..--''. *James's church, tbenroev, 6 9 O th n y the , 2 3 1 a t_ r l y n , I v . i , d a o t w ß o r f a v a l a:t fh m l t, :L e e d r o n f o e sft the On the 27th u a o lY l n dt hs DlED. :lan,tbero 01 lik 0, from Philadelphia to this country, the Hon. William 14 0 , IYM I -' On the 17th instant, at Newcastle-upon.Tync, 4 3 .' ou se, sain Monkhonse, second son of the late Miles Iklonkhre _ Esq., merchant of that town, in the 21st year of hi_s _a n t, s ,- 7, young in whose talents gave promise of great useful (Vrci.a society, and whose truly amiable disposition justly I 3 atgtl,eraesoßstns, i at oao ll ra ? ds i ßo t l utu e htr y hey , ,cs fl near airospq isi II ! ) : ° t ea s oao v a f.s e r s F h t :t l a r bl o y: sl ,: l e‘ d i n i Vittf)l,:: r r y s : T A a il : sos o t i n t hex li c : ntances. o h f im fri n e o n t d r a l l ir d t a o c h q i l s mi own family, but to a very numero us c At i 11• d-1 aer a IQng Hamburgh, on the Gth instant, age i, a Geo rge ness, which he bore with exemplary fortitude, the Iles% Church Bernhard Grantoff, DJ) Archdeacon of St. Catharine in that city. circle Printed and Published for the PROPRIETORS, t the Su l4- °nice, No. 112, Strand, by J. B. CARST AT It. 1 40 - i f (2 NOTI( GLO B ,ItAI Croryl Ofh ,‘ Ce Of 13 ' t next , E'9 • DI REC IRE(; La ndo _ .............:2.: T NEA N it TEE P. AY ti -__ attn "Y P 2 0 -2 ---- TuE -1C TL app cesa i zuch c 14 the C A 4121 brid g a g on till difficult v°4l ite r th i °l. e the Ilona . taat ' e. u aJunci ,I