The Sun. — London, England, 1822-12-23 00:00:00

:~! r 4 ,~_,.' {ViViill l lo.37(l r.cv Az .14:34,, 4 44: • 0 0 • (~ ~: l~ i NUMBER 9463. TH. is to give notice, that in Pursuance of Directions from the COMMISSIONERS for VIC IUALLING HIS MAJESTY'S NAVY, I shall be ready at this on THURSDAY, the 26th inst., to receive Tenders 14 writin g ( sea led up), from such Persons as will un dertone to pu rchase the HIDES, (except what may be wanted for the t Il ek Yard), and FAT thit may be produced from the Oxen Il atlghtered for the service of His Majesty's Victualling De- Pa rtutent at Portsmouth, front the Ist day of January next ; 11% tling, until the :ilst day of March followi n g . The Tenders ° contain 'distinct prices, expressed in words at length for article.—The same to be paid for at the end of each 414 nti). Shadwell-Dock, Dec. 14, 1822. WILLIAM 'MELLISH. LOTTERY OFFICE, SOMERSET-PLACE, Dec. el, 1822. THE LORDS COMMISSIONERS of his MAJESTY'S TREASURY have been pleased, by their W arrant, dated the 21st instant, to order and direct that the I 'OT DAY of DRAWING the present LOT rERY (the fourth 14 the year 1821) should be POSrPONED to WEDNESDAY the day of January next. L. HESSE. POSTPONEMENT OF THE DRAWING. Y the Warrant of the Lo rds Commissioners uYi of His Majesty's Treasury , issued this Day (Dec. 21), e Drawing of the Lottery, which was to have taken place 3 11 MONDAY, is POSTPONES ) to WE D NESDAY, thth ftnttary, 1813, until which day the Tickets and Shares will %ontinue on Sale at all the London Offices, and by their gents tin every principal City and Town in the United k ingdom. • SMIRKE'S ILLUSTRATIONS OF LALLA ROOKH. On the Ist of January will he p ublished, price 2 5., I , 'robellished with, 1. Sixth and Last Illustration of .Lalla rtootih; 2. Engraved Title-page, with a beatifnl Vignette; • A Lady in a Morning Dress ; 4. A Lady in a Promenade fiosturne, both inColours I rt, HE LADY'S MAGAZINE ; or, Mirror of the Belles Lettres, Fash ions, Fine Arts,, Music, Drama, A. 6 . containing, among the usual variety of original and in-, ~!'esting Articles, A Review of, with Strictures on, Lord 41 Yrores• Werner—Review of New Music—Dramatic Intelli, R . ,ettee...Monthly Calendar of Fashion—Notices to Correspon dents—Address to the Public. . tondon ! Printed for S. Hamilton; _ Published by S. Ro binson Paternos t er -row; sold by J. Miller, 69, Fleet. street; ,Itod we il and Martin, and 3. Andrews, New 'B on d-street ; A' A ' and J. Fuller, Rat hbon e- p lace ; U. Chapple. Pall Mall ; J. - loderson, jun. Edinburgh; J. Kempston, Dublin; Galig -11,,", Paris ; Ewbank, Brussels ; 'Le.Lieux, Calais; and py u'i the Booksellers of the United Kingdom. BARTON'S PRECEDENTS. This day was published, Part XV. (Completing the Sixth, and commencing the Seventh nn:l Last Volume) of the Third Edition of MR. BARTON'S PRECEDENTS IN CONVEYANCING. N. B.—The Work now, for the first time, comprises Prac tical Directions to the S.licitor on behalf of his Client in all Matters connected with each Class of Assurance. The Corrigenda, Addenda, and Index, are in great for- Itardness. A Syllabus of the Work may he had (gratis) of .the Pub lisher, and of most other Booksellers in Town and Country. No legal work has attained "greater celebrity, nor appa rently with greater justice, than the Precedents of Mr. Bar t<"). —(Per Serjeant Pell in Lys r. Morgan, C. B. Michaelmas '4 arm, 1813.) London : Printed for CHARLES HUNTER, Law Bookseller, bell Yard, near Lincoln's Inn. TO MESSRS BROWELL AND CO. London, Nov. 23, 1822. RAVING received on board the SHEP ECLIPSE (myself Master), on a Voyage to Jamaica and back, Two New Topsails, a Mainsail, Foresail , Main a nd ,lizen Staysails made of Brown Canvas, which had un dergone' your ANTI-MILDEW PROCESS, I am happy to !'eport upon the mine. The Topsails, Foresail, and Staysails, I lare not the slightest appearance of Mildew, and are much improved in colour ; but the Mainsail having beea more used, is not only perfectly free from Mildew, but is so much im proved in colour, as to equal the Whitest Coker Canvas, and retains a softness which makes it muc h more eas y to furl. And 4 am decidedly of opinion, that any Canvas having undergone Your valuable Process is in every respect more Useful and be neficial than any other not prepared Canvas now in use. JOHN T. HODGSON. To T. TAYLOR, Esq. No. 9, New-Bridge;street, London. HoNoURED Sits, • . IBEG leave to inform you, that ever since the year 1790, I bad been afflicted with the Lties Venereal, which; from its obstinately resisting every course ot medicine prescribed by the most eminent of the faculty here, and on dergoing severalsevere courses of. salivation, and twice dis !barged from the Hospital with little relief, W.uld , appear to be of the most inveterate nature. In the spring of last.year Hisorder had got to such a head, as nearly to put a period 10 my existence—l had a large ulcer on the crown of my head, 4 04 t en each arm, and my legs were broke out in a frightful naanner ; my right was dreadfully painful, and had been in a State of ulceration for the last seven years ; my left had also k'o large nodes on it, was very much discoloured, and gave 'rite such excruciating pain, particularly when warns in - bed, 4 4 nearly to deprive me of rest ; in this lamentable state, I was recommended by Mr. J. Thompson, (who received so great a cure by them here), to take your Leake's Patent Pills, which I began to do on the 26th o. May ; in the course of a fortnight I began to receive benetit—in little more than a Nentli the ulcers on My itead and arms were soundly healed-- s oon after, the sores pa my legs healed also ; leaving, how e'er, considerablediscolouration in the skin, and pain in the butte of the left., which, - by the blessing of God,: and a l ittle longer perseverance in your invaluable Me dicine, subsided; the nodes dispersing, the skin regaining its natural hue, and the nocturnal pains gradually going off.—l thus became, by Your liberal advice and medicine, perfectly free front all my farmer complaints—have recovered-my. former spirits a tid strength, and am become jolly and fat, in which state having continued many months, to the,astonishment of all who knew 0 -e, I am at a loss in what terms to express my gratitude, but . .;u,eg . ,you, for the good of other ,sutlering morta ls, to make Lnis my ease as public as possible, as I shall on every occa• lion; in so doing you will greatly oblige, Sir, your grateful, obedient, very 1;m b' e servant. MURKER ,Swan's Close, High-street, Edinburgh. Witnesses to the above Cure:— :; Tl- , iepson, No. 3# New Poultry Market, Edinburgh, M'ldtosh, Old Assembly Close, Edinburgh. 1 , Prepared ad sold by the sole Proprietor, rmAs TAY- house; Member of the Royal College of Surge Ho ons, t his No. 9, New Bridge-street, London; vlue, after a constant residence of more than 40 years, in a practice parti- FularlY.directed to the cure of Venereal Complaints and those -lucidental to the Parts of Generation, with that inviolable *eeredi• which men of his profession should always observe in !14cli cases, he Hatters himself the advice and as s istance be !ratUitonsly administers to persons taking this Medicine, will 4t estetmed, by a discerning Public, as an advantage seldom 41 tninable, and void of all ambignity Also sold, by his appointment,tor the convenience of those l iving r at a distance, at the Tovshop, No. 103 , Oxford -street ; • •Dishorotigh's, No. 7, fish-street-bill • Mr. Baxter, Edinburgh; Mi. Callwel .'s, ; 'and of person in tvere considerable town in Great Britain and Ireland, in boxes efonlv 2s. 9tl each, stamped, and sealed p witl• , ,• _ e fuel and Man directions, .vherebv persons, of either x may cure themselves with ease, speed, secrecy, and safety. : ' -' 1 ' ~ ' 1 ..4, ''''.,.., . 5... ~ti MONDAY, DECEMBER 23, 1822. DI READ-STREET WARM—At a COURT JUP of WARDMOTE, for the Ward of Bread-street, held at Cordwainers' Hall, on the 21st of December, 1822, before the Right Worshipful JOHN ANSLEY, Esq. or the ELEC TION of WARD OFFICERS for the year ensuing. It was Resolved unanimously, That the especial thanks of this Wardmote be given to the Right Worshipful John An sley, Esq. Alderman of this Ward, for his unwearied attention to the duties of his station, as a Magistrate of this great City, for his polite behaviour to the inhabitants of this Ward, his, readiness at all times to promote their interests, and for his strict impartiality during the said'Election. That the foregoing resolutions be inserted in the usual Morn ing and Evening Papers, and signed by the Ward Clerk. JOHN MILLARD, Clerk of the said Wardmote. MORRISON'S PRESERVED PORTABLE TURTLE, Sent in Jars, (hermetically sealed) to any part of the World, and warranted to retain its good qualities for years. THE TURTLE in these Jars consists of the prime parts of the Fish, killed in the West Indies, when in the highest health and condition, and will be found to excel in richness and flavour, the produce of the half-starved Animal, hitherto used in this Country, after a voyage of several months. The TURTLE will also be found infinitely cheaper than that sold by the great Dealers, not merely from the obvious dif ference in price, but from its consisting of nothing but pure Turtle, and no such refuse as 'White Meat, Tri p e, or Liver. To Families residing in the Country, and to Hotel and Tavern Keepers, this Tun.ThE cannot but be a great con venience, as affording, at almost instant notice, the necessary supply of exquisite Soup, without the waste and loss attendant on dressing a whole Turtle. • _ _ _ Certificates of its excellence frOm Personages of the highest distinction and best taste may be seen ; but a single trial is requested in preference, as more certain of insuring appro batiOn. To be had Dressed ,or Undressed, at the rate of 10s. per Quart Dressed, or 12s. 6d. per Quart Undressed ; which last makes nearly three tunes its own quantity of the former. The Dressed requires only to he warmed up, and with the Un dressed a Receipt will be given, by which any Cook may make it into excellent Soup. N.B.—A liberal discount allowed to those who purchase to Dress, and Sell again to Customers, taking a certain quantity. FOR READY MONEY ONLY. WAREHOUSE, 3, CHARLOTTE ROW, MANSION HOUSE, LONDON; • - WHERE MAY BE HAD Portable Soups of all kinds, Dressed Meats, Fresh Salmon, Vegetablei, &c. LAW INTELLIG ENC E. COURT OF CHANCERY, DEC. 21. Some motions occurred, of no public importance ; one of them having been called on, in which Mr. Heald was retained, Mr, Hart said that he was at chambers. The LORD CHANCELLOR said, " Remember, those 'mo tions which can be made to-day, and are not made, shall not be made on Mohday." VICE-CHANCELLOR'S COURT, DEC. 21. THE ATTORNEY-GENEHAE v. THE DUKE OF MARL BOItOUGH. Mr. WRAY stated; that.Thi;;va;aPetition on the part of his Grace the Duke of Marlborough, praying that it should be re ferred to the Master to inquire to what extent the cutting down of timber, pursuant to the order of the Court, should be carried. The petition of his Grace stated, that he had caused what was termed the little park at Blenheim to be surveyed by two sur veyors, and that it was their opinion that it would contribute' highly to the ornament of Blenheim if the plan which they (the surveyors) had made were carried into effect. It was also prayed that the balance of the sale of the timber cut down upon the estate, should be paid into the petitioner's hands. --Mr. Lititz) appeared on behalf of the plaintiff, the Mar. quis of Blandford, and would not object to any . order which the Court thought proper tO4grant to the petitioner, as far 'as respected a reference to - the Master. - He wished, how ever, to explain to the Court the nature of the proceedings which had been taken since the order for felling timber had been pronounced. He did not mean to say that that order was not a most proper one at the time it was made, nor did he mean that it was improper even at this moment ; but it was necessary to call the attention of the Court to the steps which had been taken, in order that it might judge whether its order had been abused. • The VICE-CHANCELLOR observed, that he could only send a reference to the Master in the words of the order already pro nounced by the Court. _ _ Mr. HEALD said, that according to the petition of his Grace . the Duke of Marlborough it seemed that the plan of these sur veyors was to cut down an immense avenue of fine grown trees, and convert them into clumps. This would have the effect of converting Blenheim, at present a most noble park, into some thing like a box or villa, of which many were to b , .; seen in the neighbourhood of London. He thought that if this plan were adopted, it would be going further than the Court had Origi nally intended. He particularly objected to the latter part of the petition, relative to the balance on the sale of the timber being paid into the hands of the petitioner. The VicE-Criaxcum.ort said, he was now called upon to determine whether the plan of improvement made by these sur veyors ought to be adopted. This he had no power to to do, and the Master only was the proper person to consider- the subject. If the petitioner was dissatisfied with the Master's conclusions, he might then apply to this Court. 'With respect to the park of Blenheim there was only, one way of viewing it in its real character, and every one would regret to see it con-' verted into a mere country villa. He should direct that it be . referred to the Master to inquire (and these were the words of the order) whether it would he • expedient, for the purpose of . the improvement of the pleasure grounds, park, and planta tions of Blenheini, to adopt the plans mentioned in the report,- with any and, what variations. COURT OF KING'S BENCH, DEC. 21. Middlesex Adjourned Sittings after 7'rinity Term, Wore .` the LORD CHIEF USTICE. THE KING v. THE REV. RICHARD BINGHAM, CLERIC.. This was an indictment for wilful and corrupt perjury, al ledged to have been committed by the defendant in an affidavit filed in this Court, for the purpose of setting aside, an annuity granted by the defendant to persons of the names of Kilvington and Boston. The SOLICITOR-GENERAL, MI. MARRYAT, Mr. Gun. NEY, and Mr. EsPINASSE, were for the prosecution ; and Mr. SCARLETT and Mr. ADOLPHUS were for the defence. The.substance of the case for the prosecution was this.--In the year 1815, the defendant being perpetual curate of the cu racy of Gosport, and possessed of freehold property at Fareham, Titchfield, and Alverstoke, in the County of Southampton, was desirous of raising upon the security of 'the latter a sum of 3,0001. by way of annuity, and. for that purpose applied to Mr. Benjamin Lewis, an attorney of Mark-lane, to negociate the loan. At this time the Reverend defendant was a good, deal embarrassed ; the freehold estates in question were mort gaged for a large sum, and there were several outstanding judgments against him. Mr. Benjamin Lewis undertook to raise the money. It was proposed, that in consideration of the sum of 3,000/. the defendant should giant an annuity during his life of 4501. secured on his freehold property. Messrs. Kil vington and Boston, retired tradesmen, became the grantees of this annuity, and the deeds being prepared, the parties on the 23d of Dec., 1815, met at the house of Mr. Benjamin Lewis to execute the same, and pay the consideration money. The amount of the mortgage debt upon the estates was 1,1831. 10s. ' and the judgment debts were estimated at 1 , 5011 . I o s. Mr. B. Lewis was to receive a sum of 300 guineas for his trouble in preparing the deeds and negociating the annuity, which sum, added to the others last mentioned, amounted to 3,0001. When the parties met, the deeds were executed, and the 3,0001. was paid over to. the defendant. It was alleged, that in conse quence of the non-payment of this annuity, an ejectment was brought to recover the estates, upon Which it was secured, in which the grantees recovered a verdict ; that the defendant afterwards moved for a new 'trial, but it was refused, and the grantees obtained possession of the estates ; that the defendant afterwards brought another ejectment himself against the grantees to recover back the possession, but had not been allow ed to prc.zeed in such ejectment, not having paid the costs of the former ejectment; that the defendant then applied to the C ourt of King's Bench to set aside the annuity in question for several reasons, but . principally on the ground that part of the money, which was the price of the annuity, was retained by the person granting it; which rendered it void by the Annuity Act. On that part occasion the defendant anide the affidavit on which the alleged perjury was assigned, stating that he never"had the entire possession of the money. Mr. Prugen, the conveyancer, who prepared the deeds, Mr. Esdaile, a clerk of Mr. B. Lewis, Mr. Kilvington, one of the grantees, and Mr. B. Lewis himself, were severally called, and they distinctly swore, that when the deeds were executed, the consideration, amounting to 3,0001. in bank notes, was delivered over to the defendant, Mho had the complete con troul and manual possession of the money ; and that he had voluntarily paid it over again to Mr. Lewis for the purposes above-mentioned. • Mr. SCARLETT addressed the Jury, and spoke in terms highly complimentary to the defendant, whom from a long ac quaintance he believed to be utterly incapable of a wilful false hood, although he had been ground by misfortune, and driven to the very extremity of ruin. lie proposed to show that the affidavit sworn by the defendant was the honest result of his impression at the time, and not a deliberate act, with the know ledge of its falsehood. Mr. Hugh Lewis, attorney, was present when the deeds were executed. Witness attended as the defendant's attorney. A bundle of bank notes, which he supposed to be 3,000/. was handed over by Mr. B. Lewis to Mr. Bingkani in this manner; Mr. B. Lewis held one end of the bundle of bank notes and the defendant the other, and then it was returned by the defendant to Mr. B. L. in bulk. This was witness's own impression from his memory pf what took place several years ago. The Lout) CHIEF JUSTICE said, it appeard that the whole question in the case was as to the ceremony used in paying over - the consideration money of the annuity. The witness just exa mined gave his evidence with great propriety, and lie he was evidently impartial. If, then, according to his impression and recollection, that occurred which the defendant had sworn in his affidavit, it seemed but reasonable that the defendant might also have imbibed the same impression ; and, if so, it was too much to say that the affidavit in question was the result of a deliberate determination to swear that which was untrue. The SOLICITOR-GENERAL said, after such a suggestion, he could not think of carrying the case farther. The Jury were then directed to acquit the defendant, and he was accordingly found—Not Guilty. LAGON V. NARY ANN HIGGINS, ALIAS ISAAC. This was an action for goods sold and delivered by the plain. tiff to the defendant, amounting to 4,161. 17s. Gad. The defen dant pleaded coverture, and averred that at the time of con tracting the debt in question she was, and still is, the wife of one Henry . Higgins. This was denied by the plaintiff's repli caticin, and issue was taken thereon. The plaintiff's case was conducted by Mr. SCARLET T, Mr. ESPINASSE, and Mr. Dowurro„ and the defendant's by the SOLICITOR-GENERAL and Mr. F. The plaintiff was a perfumer, and his wife a dress-maker, re siding at No. 16, Albemarle street. The amount of the de. nand being adinitted by the pleadings, it was agreed that the defendants Counsel should begin. TheSo LICIT OR-GE NEit AL said the single point in the cause was, whether the defendant, who was a lady of considerable beauty and . accinnplishments and very well connected, was a married woman at the time this debt was contracted. . _ Misg Donovan, sister of the defendant, stated, that in 1813 she accompanied the defendant to Paris. She was then the widow of Mr. Isaac, who had been Secretary to a Governor in Africa, and was in one of the African Regiments. She knew Mr. Henry Higgins ; he was paying his addresses to her sister, who received his attentions, and it was agreed that they should be married ; believed there was a day fixed for the marriage, but she was not present, being too ill to attend. The defendant came back from Versailles as the wife of Mr. Higgins, and 'they afterwards lived together as man and wife. The,marriage took place in January, 1818. They were visited by their friends and relatives, and believes that ever since they have lived to gether as man and wife. Believed that Mr. Higgins was a Lawyer at Dublin ; did not knoW where he carried on his business. Lord Clanmorris had been acquainted with Mr. Henry Hig gins for eight or ten years ; he was a native of theSottpty. of Mayo ; he knew him to - te — a; - tinlicitoii. Witness was intro duced to Mrs. Higgins in 1820 by Mr. Higgins in the County of Kildare. They were received as man and wife by all per sons who knew them, and were visited by people of the highest respectability of boat sexes. Understood. that Mr. Higgins was now living at. Brussels. Mr. Bryan Higgins Everard was present at the marriage of Mr. and Mrs. Higgins at Versailles in 1818. They were married by a Clergyman of the Church of England, named Sullivan, according to the rites of the Church of England. The Cere mony did not take place in a Chapel but at an inn, called the Hotel de France. Madame Simone, the other witness, was gone to Greece with her husband. Sir John Scott Lilly suet Mr. Higgins in Paris, in 1818.—: Understood him to be married at that time. Has known Mr. and Mrs. Higgins living together since as man and wife. Fre quently met them in society in London, as man and wife. Capt. NVildie had known Mr. and Mrs. Higgins in Dublin, and knew them from that time to the present to have been visited by pergons of the first, respectability as man andiwife.— They were Roman Catholics. In answer to this case, the defendant's Counsel, after urging some other points, contended that supposing ',lr. and Mrs. Higgins to have been married in the way stated, still the mar riage was void by the law of France. It was agreed by Counsel on both sides, that the cause should be determined by the opinion of the Chief Justice on this point, which should be final and conclusive of the case. M. P. P. Nettlement, the French Consul, produced a copy of the Civil Code of France, which he bought in Paris, and deposed that such a book would be acted upon in the French Courts. A discussion of some length took place as to the admissibility of such evidence oithe law of France ; but, on the authority of the ease of Sir Thomas Picton, mentioned by Mr. Flanna an, curlce, it was received. The Loßn CHIEF JUSTICE then said, that, the greatest difficulty he had in the case was as to the admissibility of the evidence as to what was the law in France. A copy of the civil code had been produced by the French Consul as an authentic copy of the law of France, acted upon • in the Courts of that country. He should have been disposed to think that this was not sufficient evidence of the law of France, but acting upon the authority of Sir T. Picton's case, where similar evidence was received respecting the laws of Spain, he thought this proof 'of the law of .France was sufficient. Admitting then such evidence, he was clearly of opinion, that he was.bound to con sider the legality of the marriage as it would be considered in France. This was decided by Lord Stowell, in Dalrymple v. Dalrymple ; and regard being had to the French law, it ap peared to him that this marriage was absolutely null en void, and, consequently, the defendant's plea fell to the ground. The defendant's Counsel having aareed •to abide by the b de cision of the Learned Judge, The Jury were directed to find for the plaintiff—Damages, 4161. 17s. 60.—Costs, 40s. COURT OF COMMON PLEAS, DEC. 21. Sittings in London, (Before Lord Chief Justice DALLAS, and a Special Jury. -RUNNING DOWN OF A VESSEL. WILSON AND OTHERS V. FORBES. _ This was an action to recover compensation in damages for an injury done to the plaintiff's brig the Fame, by the defend ant's smack the Superior, in having run foul of her while lay ing off the Note, in November, 18'21. Mr. Serjeant LENS (with whom was Mr. Serjeant VAUGHAN) stated the case to the Jury. It would appear, he observed, that the Fame, a brig of about 280 tons bur den, on her way from Shields with a cargo of coals, came to anchor off the Nore, in a part called the Swim. She was in about ten fathoms water. At nine o'clock the Captain saw the Superior (which was a vessel much smaller than the Fame) pass him to windward. . He took no further notice at that tiMe. In the course of the night he was called on deck, and then saw the Superior drifting towards him with wind and tide, and without the appearance of having any person on board. This was about one o'clock in the morning, . The weather was clear at the time. When he first saw the smack she was about a mile distant. As she neared him, he and his crew repeatedly called out to her to " look out," but they received no answer. There was no person on deck during the time. The Superior at length struck the Fame, by which the latter sustained consi derable injury. For that injury the present action was brought. If, as he was instructed, it should be proved that the accident was owing to the negligence of those on board the smack, then undoubtedly her owners were liable for the amount of the da mage done. Captain Stratford, the master of .the Fame, was called and proved these facts. He had no doubt that the accident might have been avoided, had the crew of the smack attended to their duty as they ought. On his cross-examination he said, a sbip might drift at sea, but it could not without the fact being no ticed by a careful watch. The weather was rather darkish, but not cloudy. It did not blow strong, though it was a little fresh. The Superior hoisted her fore-sail, but not until she was close on board the l'ame The evidence of the Captain was thus far corroborated by that of some of his sailors. One of them added, that when the Superior struck, one or two of her crew ran up from the fore hatchway, and cried out " For God's sake cut your cable." At the - same moment some one cried out " Oh, what rascal had the watch ?"—This was the plaintiff's case. For the defendant, llr. Sergeant PELL said he was instruct ed to state that the real facts of the case bore a very different complexion from that which had been given to it by the wit nesses for the plaintiff. He should be able to shew that the smack had made every exertion to avoid the brig, and that the accident eventually was owing to circumstances over which her crew had no controul—namely, that the tide had set strongly in that direction, that it was bloWing hard, and that the night was so dark, that it was impossible to see any object a mile, or even a quarter of a mile a-head.. If he 'should prove these facts, he was satisfied that his client would be entitled to the verdict of the Jury. Duncan, the master of the Superior, said that , on the night in question, he was called up by the watch on deck. When he came on deck, th d smack was just on board the brig. He saw the foresail partly hoisted. He would not have hoisted . . it had he been on deck, as it would only increase the force of the shock. He asked " What stupid rascal has done this ?" Ife was answered, that it was done at the desire of the persons in the brig. The accident Could not have been avoided by any exertion on the part of the smack's crew. The night was dark, and it was blowing very fresh. If the Fame had cut or slacked her cable, the smack would have cleared her without injury. Several of Captain Duncan's crew were called, who cor roborated the . main facts of his testimony. They were all positive as to 'the watch being on the deck of the smack, of the darkness of the night, and of blowing . fresh. In answer to a question from a juror, one of the witnesses said that if the brig had sheered her helm, as she ought to have done, as the smack was drifting towards her, the shock might have been avoided. She- did not sheer her helm. This was the defendant's case. Mr. Serjeant LENS, for the plaintiff, now proposed calling another witness, to contradict the. tact sworn to, respecting the sheering of the helm, • Mr. S2rjeant PELL objected. The plaintiff had closed his case, and he submitted that the plan proposed would be open ing a new one. Mr, Serjeant LEsrs contended, that he had a clear right to call a witness to explain what had been given under circum stances where, properly, no cross-examination could be urged— (examination by a Juror.) Lord Chief Justice DALLAS held, that the witness might be called, and the question put. Mr. Serjeant VAUGHAN said, perhaps it would be as well to have the witness recalled, and the Jury allow to gain explana tion by an examination of their own. Mr. Serjeant PELt., with some warmth, objected to this mode of proceeding ; to which, in an emphatic manner, he ap plied the word " Mr. Serjeant VAuc.liAN.—(With warmth.)—" I deny that my conduct is insidious, and I will uot allow any man here or - elsewhere to tell me so." Mr. Serjeant PELL seemed about to reply to this, when Lord Chief Justice DALLAS interposed. "- I lament (ob served his Lordship), I grievously lament thotie interruptions to the business of the Court by ebullitions of temper, which to me are extremely painful,' ecause they are' little calculated to raise the character of ,the profession in the eyes of the public. Speaking for myself personally, I niust deplore tile occurrence of such scenes, because my long acquaintance ,and connec tions with the bar, and the necessary esteem, and I may say affection, which I bear towards my brethren in the wofes .sion., hays always restrained-me-tiamr4i*iliositrg - the amithn rity of the Court. It has indeed been said to me on some occasions, " Why not interpose that authority.? 'My answer is, that it is not in toy nature to do - so: lam restrained by those feelings to which I haVe just alluded. My anxious and earnest desire is uniformly rather to still those angry waves, than to oppose myself to their force. My great wish is at all times to secure harmony between the members of the profession, and to promote it by every means in my power." The witness was now recalled, and was examined as to the sheering of the brig'S helm, wheh the smack was coming down on her, but nothing of any importance was elicited from him. Mr. Serjeant PILL now asserted his right to rely to this new evidence, which he said he availed himself of. with the greater pleasure as it aftbrded him an opportunity of saying a few words upon a matter personal to himself. lie would challenge any man to assert whether a case could have been conducted with better temper than he had condinaed this case until an attempt was made to take what he considered to be an unfair advantage of his client. To the decision of the Court, in alloWing the question to be put, he hail boWed, as he always should, with great deference; but he did expect that when the question was put, it would have been fairly and in the usual way; instead of which, it was suggested that the examination should come from the jury. H e felt such a proposition to be insi dious, and had so termed it,. because it went to place him in any cross-examination of that evidence upon` uneven terms with the jury ' • that object being denied; he felt bound, as a gentleman,lo alter his first impression, which he now candidly did. He hoped it was not his practice to conduct his case. with any warmth un becoming the zeal which an advocate naturally had for the ine test of his clien. The Learned Serjeant then contended that the new evidence, if such it could be called, let in by the re examination, did not in the slightest degree diminish the de fendant's right to a verdict. Mr. Serjeant LExs rplied to the whole ease. In reference to what had just occurred, - he would say no more (not being personally concerned) than to express his deep regret at the oc currence °fluty matter which called for personal explanations.. The LORD CHIEF JUSTICE summed up, and Left it to the. Jury to Weigh.the merits of the very conflicting evidence which they had heard on both sides. With respect to what had fallen from him a few minutes before,.on the subject of the introduc tion of.personal feelings into a cause, he should sincerely•regret if any one word which then escaped him, was calculated to wound, however slightly, the feelings of any Gentleman at the bar. If he were conscious of having used any such words, he would frankly and without hesitation avow it. It might hap pen to a Counsel at the bar to err, and knowingly continue in that error, from an adherence to the false notions of the world, which might be supposed to warrant his not making a full and immediate explanation. With a judge, however, the case was very different : situated as he. was, nothing ought to prey vent him from giving the fullest explanation when that was called for by any misconception of his words. having said this he would add, that he did not feel himself called upon to ex plain any thing Which; he had beflire said, further than to re mark that his observations were not meant to apply to one gen tleman at the bar more than another. The Jury retired, and after an absence from Court of nearly an hour, returned with a verdict for the defendant. MYSTERIOUS Frit E.—On Saturday PeterWhite hair, watchhouse-keeper at Somers' Town, attended at the Police office Hatton-Garden, for the purpose of making oath to a fire that broke out a second time at GI, Burotn -crescent, at 12 o'clock on the night of Wednesday last, for the purpose or iec.iving the reward due to him for bringing the first engine. It appeared that about six o'clock on the above named evening, a person was seen to go out of the house and shut the door. t seven it was 'discovered by the watchman that it was on fire ; he knocked at the door, but there was no person in the house to answer him; the alarm became general, and it was found necessary to break open the door, when it was discovered that the entire of the stairs and banisters from the bottom to the first floor were on fire; the flames prevented any person going up stairs to save any part of ' the furniture, which was of the most fashionable and modern kind • four or five engines arrived in time, and a plentitkil supply of water being obtained, the fire was extinguished, but not before the lower staircase to the first floor was destroyed : the firemen examined the progress of the fire, and remained on the spot for nearly three hours. In two hours after they left, which was about twelve o'clock, the neighbourhood was again alarmed with the cry of fire ; when it was disetrrcred that it had broken out a second time in the same house.—The second fire broke out in the joists of the first floor, and appeared to have no connection with the first fire; how,ver,ithe arrival of the parish engine, brought by Whitehair, and persons with buckets of water, extinguished it.: PRICE SEVENPECE. ST. THOMAS'S pAy. -Saturday was-the most-peaceable day. of Elec. don for Common Councilmen that has been seen for many years in the City, there being but two contests, and those wer , 3 not considered as political contests. The only tluestion agitat ed, has been as to the merits of the res_pective . Candidates'ad- - vacates of the politics of the majority of - the Ward.. With . the exception of the Wards of Fmtitixonoli WITHIN and BAs- " srsnAw, the Aldermen and Common Councilmen had nothing to do but to return thanks to their contituents for the continuance,. of kind .support, &c. and to renew their pledges of faithful per ? -. formance of duty, and continued support of same excellent principles, &c. In the precinct returns of the Ward of VAR- RI NGDO N-,WiTillN, the name ot_Mr. Ex-Sheriff Williams was. silently left out, and at the Wardmote Mr. Young w4is return ed in his place. Thanks were voted to Alderman At aithman for his general conduct in his office, and for his adherence 'to the principles of political liberty which he had so highly pro moted in the City. The Alderman, in returning thafiks, said ' that mans. who had been his opponents at the commencement. of his political career, had paid the best compliment to his 'ex:. ertions by entering the ranks of the Reformers. The.. following is the return of the numbers polled at the Ward of— CRIPPLEGATE-WITHIN. 6 *Mr. Forsyth - 6 *Air. Thorogood - 6 Mr. Capel, 6 Mr. Eicke Mr. Valiance Mr. Kid - Mr. 'Waterhouse Mn. .lowen Mr. Heron - This Wa BASSISITaI ii returns 8. .W WARD. Mr. Frisby - Mr. Britten ; Mr. Lester *Mr. Wiguelin Mr. Hughes 6 3 ►► This Waid returns 4. * Nek• Candidates. VINTRY WARD. On Saturday, when this Ward assembled for the purpose of electing Representatives in Common Council, Mr. Alderman Ma.oleme, who presi4cs in the Ward, took occasion to observe, that he thought it necessary to state in that place what he could not with propriety mention in the Court of Common Council the last time he sat in that Court, in conse quence of the delicate situation in which he was placed as the late Chief Magistrate of the City, as well as for another reason which he should not conceal from - the public. It was known to the Meeting that a vote of thanks had been moved to him by Mr. - Whitby, at the last Court but one, for his attention to the duties of the Magistracy. The fate of that motion was known, as well as the-conduct of those who held up their hands against it, departing from the manly practice of stating the grounds of their opposition. It was at least due to One who had just ceased to hold the high office of Chief Magistrate of the City of London to make known to him in what respect he had departed from the long recognized principle of action amongst his predecessors; but there were some amongst whom respect for station could not exist, if the individual raised to it by the voice of his fellow-citizens happened to be influenced by politi cal views of a different tendency. That he entertained feelings contrasted with those of the men he alluded to upon certain public questions, he neither could help nor repent ; but he did not see why this difference of opinion should operate against bins while in the performance of duties which had nothing to do with politics. In fact his principal reason for ndt noticing the unmanly conduct adopted towardshim in the Court of Com mon Council was, that he felt too great contempt for the majo rity of those assembled, and thought it more proper to allow their pre-concerted plan to come before the public exactly 'as it had been matured, than interfere with it in the place so•characte ristically chosen for putting it into execution. He had the proud consolation to state (if the conduct of the 'Court could be supposed to give him a moment's pain), that he had received the thanks of the great body of his fellow-citizens, and that the chief objection of the Court was, that he had had the distin guished honour of attending his Majesty, as conservator of the River Thames, upon the occasion of the late Royal visit to Scot. land. Such a manifestation of loplty was neither to he forgot, - trrrribr forgiven by those characters lie 'hats just described. CRIPPLEUATE WARD WITHIN. After the usual routine of opening the Wardmote, and be fore the names of the candidates were put in nomination, Mr. EICKE addressed the Freemen at considerable length, with reference to a misrepresentation that had been extensively circulated in this Ward, of his having favoured the object of a petition, for a union of - this Ward with the Ward 'Without, which he warmly repudiated, hut declared himself well 'disposed to a return in, and favourable to a more equal repreSentation of the Freemen in the Court of Common Council. The names of the several Candidates having been then put in nomination upon a shew of hands the choice fell uptni the old Common Council, with the exception of Mr. Eicke. over whom Mr. Foirsyth, a new candidate, had a trifling majority, and upon a poll being demanded, Mr. ('APES. rose, and addressed the Meeting, expressing his regret at the result of this day's proceeding ; and as befelt that his •late colleague's (Mr. Eicke) exertions upon all public .ques tions, as well as Isis general attention to the interests of his con stituents, had entitled him to their fullest confidence vand that as he well knew his zeal for the success of a Parliamentary Re formation.in the Representation. of the people (in deference to which object he (Mr. Capel) thought all others unimportant) would induce Mr. Eicke to give that subject every,support when brought before the consideration of the Court Of Common Council, which it shortly would be, he begged leave to tender his resignation in favour of his late colleague, and to - da - sline the honour which his fellow freemen had just again conferred upon him. Mr. HICKS, after passing a high eulogium upon the ho nourable and disinterested motives of his friend, professed that he could not suffer the feelings of friendship which had dictated Mr. Capel's conduct to intersept the benefit that the Freemen would receive from his worthy friend's well - known public sentiments and attachment to the principles of liberty, therefore begged leave also to decline tilling the post which his worthy friend and. colleague's determination had devolved upon him. The Wardmote was for some time at a loss how to proceed, as in consequence of this event there were only seven instead of eight Common Councilmen returned, whereupon Mr. Moro good was proposed, but the Worthy Alderman (Wood) deter mined that as a poll had been demanded, nothwithstanding the resignation of the two late Representatives, Mr. Eicke and Mr. Capel, it must be proceeded in, and the polling therefore necessarily continues till Tuesday the 24th. DISTRIBUTION OF BREAD. According to annual custom, the Stewards of the Antelopean- Society, which has been established nearly a century, distri buted on Saturday to the indigent, one thousand 41b. loaves of the best wheaten bread, from the Society's house in White Hart Yard, Drury-lane. Sir F. 1.3 u !MET T, Mr. HOBITOUSE, Mr. KEAN, and other eminent personages, who are .Mernbers, were among the list of subscribers. Yesterday morning at eight o'clock, according to annual custom, a large quantity of bread and cheese. cut into square pieces, was dried out in baskets, and thrown among the crowd assembled in front of Paddington church ; the custom, until within the last two years, was to throw it from the belfry ; but owing to the confusion and disorder occasioned by that mode, the present one has been substituted. The assemblage of persons collected there yesterday was immense. This custom of giving bread and cheese at Paddington church on the Sunday preceding Christmas-day, is said to have had its origin in the will of two sisters (paupers) who travelling to London to claim an estate, in which they succeeded, and being much distressed, were first relieved at Paddington on that day. On Saturday evening as one of the Reading coaches was proceeding to town, it came in contact with a chaise cart at Knightsbridge, opposite the Life Guards Barracks, the violence of which overturned the chaise cart, in which was the landlord of the Marquis of Granby public-house, and a person named Williams, who both received very severe contu sions, in consequence of one of the wheels passing over them. They were conveyed home senseless, as d now lie in a: very precarious state. About an hour after the above accident took place, the leaders one of Limpus's Islewarth stages took ,fright near St. George's Uospital, and ran with unceasing violence down the road. n'he swaying of the coach, on which were seven persons and four insides, was truly ter rific. All attempts to stop them were unavailing, until an other chaise cart, standing exactly op. o ite where the former accident took place, locked in the fore wheel of the stage, and by that means the horses stopped. The passengers, who had very prudently kept their seats, jumped off, but received very little injury in so doing. The coach soon after started, but se . veral of the persons refused to proceed any further with it. her the riv; he''t ° the 1, j 5 tee ieli.! ri 4 id i 5