The Sun. — London, England, 1822-12-03 00:00:00

THE LONDON JOURN_Ith.LS. IXTRACTS FROM THE DA tLY 149RNINGjAPERS December 3, 1822. ,[THE TIMES.] The sittings of the Verona . Congress are, in all probability, closed by this time, and the Members upon the wing for their respective homes. It will not be long, therefore, we pre sume, ere some declaration will make its ap pearance. The temporary absence of such a document is supplied in a_less official arm, and the following is given as a general sketch of the .opinions held, and the • conduct intended to be put•sned, by the chief Powers of Europe with respect to Spain. France claims a right,, from ,her proximity,' to interfere in the affairs of her neighbour by arms ; and the High or Holy Allies, renouncing generally all intention of interposing themselves, are said to have conceded that right to France. This claim of France is allowed by all the Continental Powers, but by one with more than- common earnestness. They are said to have signed a note, in alphabetical order, allowing the French Government to attack Spain when ever and wherever it may be deemed expe dient. For our own parts, we do not see what right France has to ask permission to attack ti.e Spaniards, and still less what right the iloly Allies can possibly possess to grant that per mission. England, it will be perceived, is no party to these nefarious transactions : she is at least to be neutral whilst a great wrong is' doing and sufferiog.—The right to attack Spain being thus conceded, there is strong reason to suspect that it will not long le edormant : that Govern ment, by whose importunities the right has been obtained, will of course watch with Argus' eyes .for some occasion to enforce it. But why wait or watch at all ? The iniquity is already com menced, for it is obvious that the demand made by France to be allowed to attack Spain is in itself an act of hostility of the most insolent and aggravating kind ; and such as would justify Spain,. were she in a condition to resent an insult offered to her independence, in marching an army into France, without further notice. In' her pre sent condition, Spain, we suppose, must wait for, and receive the threatened blow, before she at • tempts to strike. [MORNING CIIRONIOLE.] The die is cast.—We learn, from an authority on which we can rely, that the decision of the Congress of Verona, on the great question for the settlement of which it chiefly met, has at length been pronounced.—Contrary to expectation, con, trary, we believe, to the anticipations of the British Cabinet, the claims of the French Go- verrunent have been allowed, and full liberty to make war on. Spain, or to remain at peace, has been distinctly conceded to it.—The use which the French Government will make of tl)s liberty is the next question for consideration. It IS a ques tion which, however, we fear is notof difficult solu tion. The Government seems determined to put an end to the present state of things in Spain: A demand will therefore be made on the Spaniards to substitute a Constitution, like that of France, • in•which the controul.over the Executive is alto gether illusory, to the present Constitution of the Cortes: That that demand will not be listened to one moment cannot be doubted.—The conse quence therefore must be the invasion of the Pe ninsula. A hope may still indeed be entertained, that if Ministers are serious, they tn!y yet suc ceed in deterring the French Government from taking this hazardous step ; but we confess thii appears to us a forlorn hope. [BRITISIf PRESS.] The Dublin Evening Post of the 28th ultimo contains an afflicting account of a meeting of " the Landed Proprietors and Occupiers of Land in the County of Galway," held at Loughrea, wlien it was resolved to present a Petition to Parliament, praying such legislative interference as-the House, in its wisdom, should deem neces sary to save that county from the impending ruin with which, it is• threatened; in consequence of the unprecedented fall, as well in the prices of cattle, as of every description of agricultural prOduce.— From certain resolutions entered into at the same meeting, it would- seem that considerable doubts are entertained, if not of the fidelity, at least of the disposition, of the County Members upon this occasion ; and accordingly they have been called upon to state, in express terms, whether, upon the introduction of the Petition, they will support it in the spirit in which it is written.— The result of this application is, Of course, not yet known ; but we, who pretend to no kuowledge of the local politics of Galway, or of the feelings by which its representatives may be swayed, can con eeiveno motives sufficiently strong (short of falsity in •tlie allegations of the Petition) to warrant those Gentlemen in declining this imperative duty. A. little time, however, will settle this.part of the question—and' a little further time will afford the freeholders of the county of Galway an oppor tunity of visiting any apostasy on the part of its present Members, with that description of pu nishment which, above all others, they will be likely to feel most. [MOANING POST.] . . We -have reason to believe, and deeply do we regret being compelled to - entertain such a belief, that the efforts made by England and her 'Re presentative at the Congress, to prevent an un just and perilous war between France and Spain have proved unsuccessful. As long as intimations to that effect_ came through the medium of the Paris Journals,• we gave no credit to the report, thinking it. impossible that an As sembly of Monarchs, met for the professed pur pose of maintaining the peace of Europe, should sanction a 'measure pregnant with incalculable dangers. Intelligence, however, was received yesterday, from a quarter which unfortunately leaves little doubt of its correctness, by which Nye learn that what in point of prudence, of prin ciple, and of justice s ought to'have been rejected with becoming indignation, had been conceded to the importunities of one Power, by the weak ness or interestedness of the majority, of the other. [MORNING HERALD.] It is generally supposed that the Congress of Verona has, by or before this time, terminated, its sittings, and that we shall soon receive intel ligence of its dispersion. Notwithstanding the multiplicity of rumours that have gone abroad, and the information that has reached us through our Private Correspondence, it still remains matter of doubt and mystery what measures, and even whether any, have been decided on. The most probable and authorative opinions on the subject that have prevailed may be reduced to these—that the Congress will have separated, leaving each, Power to issue its own Manifesto in its own way to Spain—or without issuing any Manifesto whatever—or lastly, that , three North ern Powers, will issue a joint declaration. [NEW TIMES:I France claims a right of armed intervention in the affairs of Spain, under the peculiar circum stances of the case. England, without contesting the possible validity of such a right under certain circumstances, declines admitting that the piesent circumstances are of a nature to justify the inter vention: Russia has strongly supported the claim of France from the beginning of the discus sions ; and Austria arid Prussia, after hear ing all that can be urged on both sides of the question, have agreed to ,sanction the claim as matter of right, leaving it to France herself to judge of the expediency of carrying it into execution. A Note to this effect is stated to have been drawn up and signed in alphapeti cal order, by Austria, France, Prussia, and Russia. The position in which these transactions place England is one highly favourable to her in dependent weight and influence. LAW INTELLIG ENCE. COURT OF CHANCERY, Dec. 2. The LORD CHANCELLOR came into Court this morning solely to give judgments. Messrs. Viremelt - m.1., AGAR, and MONTAGUE were the only Counsel present in professional array. NEWTON V. NALDI. The ,LORD CHANCELLOR said that this was a demurrer to a bill which had been filed by the plaintiffs, John and Joseph Newton, against Mrs. Naldi, their sister, to recover certain sums paid to their deceased father, as notary public, he not having brought out a certificate since 1810. The demurrer was on two grounds,—first, that the bill was multifarious, in stead of being filed by one of the brothers; secondly, that it involved the executors in a matter in which they }fad no con cern. With a very few words of amendment the demurrer might be good. He wished now to know whether, this being a family affair, the parties pressed for judgment. The Counsel present could not inform his. Lordship. The Lon]) CHANCELLOR would suppose, if nothing should be said on the subject on or before Monday next, that the de murrer would stand, with liberty to amend the bill. OLDINGIIALL V. LORD SOMERS. The LORD CHANCELLOR said, that in, this case, though Mr. Wetherell had told him that the parties wished him to judge as he pleased, the point was too important for him to give judgment without hearing Counsel. N TIIE MATTER OF DICKENSON, HODGSON, AND DICK , ENSON, BANKRUPTS. The LORD CHANCELLOR had only time to state in part the nature of this "very cOinplicated"case. In 1810 a commis sion of bankrupt had been issued against Edward Wickham Dickenson. The assignees were Horsfall and another. In 1811, a commission of bankrupt had been issued against James Richard Hodgson. The assignees were John Jones and ano ther. In 1811 too, a commission of bankrupt had been issued against Joseph Dickenson. The assignee was It. Evans. In the year 1816 a petition had been presented,' stating..that E. W. Dickenson and J. R. Hodgson had been partners in busi ness in Liverpool; that in 1805, the two Dickensons had been partners in trade to -Rio Janeiro ; and that there had been three partnerships—Dickenson and Hodgson ; Dickenson and Bro thers; and Dickenson, Brothers, and Co. Joseph Dickenson had received a certificate in his life-time. Very complicated questions had thence arisen respecting " the claims of creditors upon the separate and the joint estates. It was aquestion whe ther Joseph Dickenson's certificate barred demands against him and his assets, and whether the whole administration under the several commissions ought to be made one, or whether the Court would disturb it or not, all having acted under a com mon error. .Joseph Dickenson had brought 16,0001. from Rio Janeiro, which his assignee, instead of bringing to the joint account, had brought to his separate account. This Court had made an order in August, 1819, which meant that in spectors should be appointed to inquire into the interests of the petitioners. This order had been very improperly trifled with between that time and September, 1821. His Lordship. con cluded with expressing a hope, that at the next attendance in:. Court he should bury this case for ever. His Lordship said he would give notice to-morrow if lie could attend on Weduesday. COURT . OF KING'S BENCH, DEC. 2. RICHARD CARLILE v. - PARKINS, ESQ. This was an action brought by the plaintiff to recover from the defendant, one of the late Sheriffs of 11Iiddlesex and Lon don, a compensation for the alleged injury he had sustained by the Sheriffs having retained his property in their hands, in stead of selling the same, as directed by the Court. The plaintiff's case was conducted by Mr. SCARLET r and Mr. Joslttra EVANS ; and the defendants by Mr. HENUY Coortn. and Mi. ARCHBOLD. Mr SCARLETT stated the case on behalf of the plaintiff; Mr. Carlile, who, by this action, sought to recover a compensation ' in damages for the injury he had sustained by the conduct of the late Sheriff, the present' defendant. He had no knowledge of Mr.-Carlile personally,_ but he had .heard much of.him.—lle, had no doubt that the Jury had also' heard much of that indivi dual. He should, however, endeavoUr to conduct this cause as if he had never heard the . name of Mr. Carlile before, and he had no doubt the Jury would discharge their duty in the same way. In his opinion, unless the Jury this day found a ver dict for the plaintiff, a precedent highly dangerous tattle liberty of the subject would be established. If an individual was for any ' offence sentenced to fine and imprisonment by the Court of. King's Bench, he could not believe that the Court ever intended, or the law would tolerate, that a'Sheriff should so exercise the power which the law gave him in such a case as to entail on the defendant ruin and imprisonment for life, by the seizure and detention of his property until the expiration of the term of imprisonment—and, having done se, then say, " Now take your resources, and manage them for yourself." Mr. Sheriff Parkins had so acted in the present case. He had detained the property of Mr. Carlile in his hands in the man ner now described.' The plaintiff, as the Jury well knew, had been found guilty of publishing certain libels, for which he had been sentenced to three years imprisonment, and to pay a heavy fine. , Immediately after the judgment a writ of levw'i facial was issued by the Court to the Sheriff; directing him to levy the fine of 1,0001. on the defendant's property. This writ was issued on the 15th of NoVember, and, as he should now contend, the Sheriff ought to have sold immediately, and with out delay ; instead of which what did the Sheriff's do ? 'Why, according to their own return to the Court, which he would read, they said, that in compliance with the writ . directed'to them, they had proceeded to sell the property of Richard Car lile, and had sold so much as produced 54/. of which sum they had paid 241. for King's taxes due on the house inhabited by Mr. Carlile. The other 301. remained in their hands ready to be applied as the Court should direct. They then proceeded to return that the remainder of the stock of the shop was still in their hands, and that they waited the direction of the Court how they were to dispose of it. The Court by its writ said " we direct your . to sell and not to retain the stock ;" 'but the Sheriffs replied that amongst the stock there were copies of pub.. lications which had been declared libels ; suppose there were, Was that any excuse for the Sheriff retaining the whole stock in theirhands ? Why, amongst these libels, as they were called, were twenty-five copies of 1)r. Watson's Defence of the Bible— a most excellent work. There were other works equally unex ceptionable and valtiable: - The whole stock was worth not less than 3,0001.; had it been sold then ' • there was a valuable stock of periodical publications, which, had they : been sold at that time, would have produeed a very considerable Sum ' but having been now-detained and locked up by the Sheriffs for' 3 years, was worth nothing except for waste paper: He contended, that even supposing there had been some libellous works amongst this stock, tie Sheriffs ought to have sold all 'which were not so. If the conduct which had been adopted by the defendant could be justified, what would be the situation of any booksellei convicted of any offence which subjected him to fine and imprisonment? There was not a bookseller's stock in ex istence in which some work might not be found which a Sheriff might not construe to be libellous. For instance, any volume of Hume's History of England," or any volume of Poems on Metaphysics, or Historical Works, would furnish what might constitute libel on some one living or dead, in the estimation of a Sheriff; and enable him to detain the stock of an individual all the period of his imprisonment, and so reduce it in value, as had been done in this case, that at the expiration of the indivi dual's-imprisonment, although at its commencement it might have been worth ten times the sum, it would not produce suf ficient to pay his fine, and he be thus, as Mr. Carlile was, utterly ruined, and reduced to imprisonment for life. He con cluded by again calling on the Jury to decide in this case as if they had never heard of the name of Carlile ; and he was con vinced they would then find a verdict compensating him for the injury he had sustained. Mr. HAYWARD, Solicitor to the plaintiff; put in the writ of levari facias, and the return of the Sheriffs, stating, that they had levied and sold to the amount of 54/. of which they- had paid 241. for taxes, that the remaining 301. they retained -in, their hands waiting the directions of the Court. The re turn further enumerated the stock still retained by them in their hands, which they knew not how to dispose of, consisting of numerous copies, of the Republican, Tom Paine's Works, Copies of the Mock Trial, of the Black Book, of Sherwin's Re gister, of Cobbett's Register, Letters to Canning, Letters to Sir Charles Abbott, Charles Phillips's Speeches, Cobbett's Gram mar, Common Sense, Gale Jones's Speech, &c. Cross-examined—Knows Mr. Carlile's shop ; there were cer tain inscriptions over and within side the shop ; " The Temple of Reason" was within aide the shop ; don't recollect whether there was such an inscription as " Office or Repository for the Sale of Republican and Deistical Works," or, " Office for the Sale of The Republican and The Deist." The letters now handed. in are in the hand-writing of the plaintiff: Mr. ARCHBOLD here objected, that as the judgment of the Court was not put in and proved, the writ of kvari facia: could not be received in evidence. Mr. SCARLETT—I will save my friend trouble on this point, I have a count for taking the goods in trover. Mr. ARCI4BOLD—That, my Lord, would put the plaintiff out of Court. The CHIEF JUSTICE', on looking at the record, over-ruled the objection. The judgment of the-Court was sufficiently proved by the rule of Court for issuing the writ. Charles Brown deposed that he was placed in the care of the plaintiff's shop on the •16th of November,, the same day the plaintiff was brought up for judgment. Hopwood, the She riff's Officer, was the person who came in andlook possession anho shop, and all that was in it. Mr. llopwood sealed the parlour door; and the shop door in front was bolted-inside. It remained in that state six or seven weeks. The books he re moved, the household, furniture was sold. Witness was in the shop after Hopwood quitted 'possession ; every thing was re moved except the shelves and counters. Cross-examined—The shop was- open all day till the even ing —Does not recollect the inscription " The Temple of Rea son, or Office for the sale of the Republican and Deist," but thinks they might be up. Hopwood came into possession about four or five o'clock. He-took possession of all the books, in the shop. James Griffiths deposed that he had seen the schedule of the stock, and calculated the value, with the exception of a few books. Those he valued amounted to 1,4401. with a few excep tions they were now worth nothing except for waste paper. Cross-examined—Can't calculate what they would be worth to sell in a mass; he valued them at retail price—can't say how long they would have taken to sell by retail, perhaps two years, but understood they had a rapid sale—knows that some of the " Republican" had been prosecuted as libels. There were several copies of the " Age of Reason," and " Palmer's Prin ciples of Nature," which had been declared libels. Did value " The God of the Jews," and all the rest—did not calculate what they would be worth as waste paper, or what they would have cost to re-print. Did not read any of the books—did not read " Physical and Metaphysical Inquiries"did not sell it himself—can't say he ever saw' any of it for sale any where but ' at Carlile's—read Wat Tyler," thinks it a beautiful poem— believes there was no copy-right of that work, it was published by so many different booksellers—had read some numbers of ; the " Deist," all those which he had read were harmless—had read " Diderot's Thoughts," but it was so long since he had forgotten them. He valued " Volney's Ruins and Philosophi cal Thoughts,"—is a bookseller in Middle-row, Holborn, in a general way. Re-examined—Those articles which had been prosecuted for libels to conviction he omitted in his valuation—" Millar's Philosophical Enquiries," and " Diderot's Thoughts," are books of general sale. 44 Wat Tyler" has never been prose cuted. Witness valued the bust and statue of Paine, but not the pedestal.' The Bishop of Landaff's " Defence of the Bible" had never been prosecuted ; the greater part of the works in the inventory were works wholly unexceptionable.— Witness never saw Mr. Cathie but once. Mr. COOPER submitted - to his Lordship whether this action would lie. This was an action for the difference of value be tween the stock now and two years and a half ago. The Sheriff not having Old under the writ of levari facias, he sub- mitted it was doubtful whether the Sheriff was bound to sell under a levari facias, unless the plaintiffhad applied for a vett ditioni exponas, and he not having done so, no attachment would lie against the Sheriff; and it had been decided, that where an attachment would not go an action would not lie ; and therefore he contended that the present action would not lie, and plaintiff must be nonsuited. „ Mr. AncimoLD, on the same side, said it was extremely doubtful whether the Sheriff had any , right to sell under a levari facias, until a writ venditioni eaponas was directed to him. It was quite clear, that under a writ of fi. fa. the Sheriff was not bound to sell; it was sufficient for the Sheriff to return the goods in his possession, for want of purchasers. Mr. COOPER also submitted, that this being an action on the case against the Sheriff; it was necessary to prove malice ; or the action could not be maintained. The CI u EF JUSTICE said, the declaration in this case charged the defendant, as Sheriff, with having delayed to sell goods, the property of the plaintiff, which he had in his posses sion, with a view to injure the plaintiff, he having retained them in his-possesiOn for a length of ,time, 'and thereby 'deteriorated their value. Now, if a Sheriff did so retain the goods in his possession, with such a motive as that imputed to the defendant •in this case, an action would lie. Whether the defendant did act under the feeling imputed to him was a question of fact -which he would not wit...draw from the consideration of the Jury by nonsuiting the plaintiff. • Mr. COOPER then proceeded to address the Jury on the part of the defendant with his usual ability. He, like his Learned Friend, disclaimed all knowledge of his client. He protested against the doctrine of the Advocate being mixed up with the client. An Advocate was bound to perform his duty to his client, let that client be whom he might. He desired, that the Advocate should stand on his exertions for his client, and his client on the merits of his case. Whenever such 'should tease to be the case, there would be an end of all security for liberty in this country, and the sooner a man left it the'better. Having said thus much, • he would proceed to his defence ; and, first, he contended that a knowledge of the case should be brought home to the defendant. In this case, he contended, that had not been done. Mr. Parkins had not only; as Sheriff, objected to Mr. Colhrgridge, the Se condary, acting for him, but had absolutely protested against his s'o_doing; and 111 r. Collingridge was conscious of this, because he had requested a Gentleman to apply to - Mr. Parkins, for the purpose of inducing him. to consent to his appointment ; but Mr. Parkins never would acquiesce, and, in consequence of his refusing to do so, his accounts had not yet been passed, as he could not conscientiously assent to the acts of Mr. Collingridge, against which he had always protested. NoW Hopwood acted under the direction of Mr. Collingridge, and whatever Hop wood did Mr. Collingridge was answerable for. The CHIEF JUSTICE said,' he did not see how that eircum stance—if it did exist—could be made evidence in this 'case,— Here. was a return on the files bf the Court, purporting to be a return 'of the Sheriffs. If that return had been improperly put there, the Sheriff's might move to have it taken off—but, as it remained there, he must look at it as the return of the Sheriffs. Mr. COOPER resumed—The next point would be that which he had put to his Lordship on the necessity of malice on the part of the Sheriff's being proved. His Lordship had said that that was a question for the Jury. He would go boldly to the Jury on that point. Mr. Carlile, though in Dorchester Jail, well knew what was going on ; he knew the Sheriffs were not selling, and he did not wish they should, or he would have ap plied to the Court - to force them to sell; but the fact was, Mr. Carlile did notvisli • to have these works sold in a mass; he desired to .sell them separately. Malice had been charged against the Sheriffs as their motive ; Mr. Bothwell was dead, but he had never heard it charged against him that he had any malice against Mr. Carlile; and as to Mr. Parkins, he disdain ed the charge.. The fact Was, that the Sheriffs had only acted with due submission to the law as it at present stood ; here was a bookseller's stock consisting of convicted libels and suspected publications, and the - Sheirffs wertresponiihle for the sale of them ; and notwithstanding the opinion of his Learned Friend, Mr. Scarlett, to the contrary, he would boldly say that the She riffs would not have been protected had they sold these libellous Works. His Learned Friend had said, that 'seeing the work, " An Apology for the Bible' amongst the stock might have re moved the doubts of the . Sheriff. Perhaps not. It was said that his late Majesty, on this work beingpresented to him, exclaimed, "An apology for the Bible ! Why the Bible wants no apology." The Sheriffs might have fallen into the same mistake as to the nature of this work. He contended that there was not the slightest ground for imputing malice to the defendant. All the Sheriff had done was to act with caution, and a due. respect to the law. The plaintiff also might at any time have forced them to a sale—he had not ; therefore if he had sustained a loss, he had been himself consenting to it ; and a man consenting to a loss could not afterwirds recover against another for that loss. The next point he would go to was—mitiption of damages.— Many of these publications were periodica4 and lost the value as much in a day or two as they would in a year. Others of these works were declared libels; and others carried libels on the face of them; ," 'SVat Tyler" for instance,which one of the witnesses had described as a most beautiful poem, but which, in his opinion, was a most contemptible production, and which had been de clared a libel by the Lewd Chancellor, and out of the protection of the law ; so also as regarded the " Age of Reason," and others of these publications ; and how could the Sheriffs come to the Court for instructions on such a subject as this ? As to the selling them immediately, he was certain Mr. Carlile, when he should sell these works by degrees, would get much more for them under all the disadvantages complained of, than he would have got by the immediate sale, forced as it would have been under all the disadvantages of a sale by auction. An instance of the little money which the most popular works would fetch under such circumstances, was to be found in a sale of pamphlets which belonged to Mr. Hone, who being about to change his residence lately, had found it convenient to sell a large stock of popular works by auction, when books, which had been selling previ ously and gradually at seven shillings each, fetched no more than thirteen pence. Under all these circumstances he was so fully persuaded of the impossibility there was of a Jury finding a verdict for the plaintiff; that he would abstain from his first intention, which was to have called witnesses, and leave the case with these observations in their hands. The CHIEF JUSTICE summed up to the Jury, and repeated, that if a Sheriffdid wilfully and wrongfully abstain from selling goods in his possession, with an intention to injure a party, as in this case alleged, then he would be liable to an action ; but if he had reason and probable cause for keeping the property, then he would be justified in doing so. It was a question for the Jury to decide on which of these motives the present de fendant had acted. They would take the schedule into their hands, and upon a cool and impartial consideration of the works enumerated therein, and the nature of them, they would say whether, in their opinion, there was on the face of it ground to justify the defendant on the grounds of well-founded caution in refraining from selling; if they should be of that opinion, they would find for the defendant ; if of a contrary opinion, for the plaintiff, with such damages as they considered equal to the justice of the , case. At 20 minutes past twelve the Jury retired, and, after being out an hour, they came into Court with an application to his Lordship for information as to the lowest sum in damages which would carry costs. The CHIEF-JUSTICE observed, that in this case any da mages, however small, would carry costs; but the Judge had the power of certifying, in which case he regulated the costs.— The safest course for the Jury to pursue, however, in this and all other cases, was to give a verdict upon the case itself, and its peculiar circumstances, without at all attending to con sequences. The Jury again retired, and returned in about a quarter of an hour with a verdict for the plaintiff—Damages, one shilling, costs, 40s. _ _ _ _ _ Mt. COOPER—I hope your Lordship will certify. The CatEr-JusTicr.--That can be done at any time, Mr. Cooper; I will consider of it :At present Ido not think shall. SANDERSON AND WIFE V. BARKER. This was an action brought by Mr. and Mrs. Sanderson, \for an assault committed on the latter by the defendant, and for an unjust detention of her in confinement for some hours. The defendant pleaded first that. he was not guilty ; and secondly a special plea, setting forth that a cap had been stolen from his shop, and that he had reasonable grounds to suspect the female plaintiff of the felony. The case on behalf of the plaintiffs was conducted by Mr. SCAItbETT and Mr. Cut TT Y ; and the de fence by Mr. GURNEY and Mr. COMYN. It appeared in evidence that Mr. Sanderson went to the shop of Mr. Barker, who is a haberdasher in' Holborn, and asked to look at several articles. She apparently fixed on a cap, and then requested to see other goods, but ultimately refused to take any alledgiifg that she had no money in her pocket. Mr. Barker insisting that she should at least take the cap, sent one of his shopwomen to follow her home with it ; in the mean time his wife told him that she missed a cap, and he sent to Mrs. San derson to request she would come to his house, as the article was gone. She returned with the messenger, denied the charge, and on some one coming into the shop, was asked to walk up stairs, to which she acceded. Here Mr. Barker advised her to write to her friends, furnished her with materials, and sent his servant with her letter. Her father and brother came, when some con versation took place, which was variously stated ; those indivi duals representing the conduct of Mr. Barker as very offensive, and two of his shopwomen describing it as very civil and cour teous. Mrs. Sanderson requested to be searched, but this was 'refused for some time; at last she was searched and ultimately dismissed without charge, two of her friends having vouched for the respectability of her connexions. The LORD CHIEF JusTicE -told the Jury that the justifica tion could not be supported ; because no private individual could justify detaining another on suspicion of a crime, unless he could show that a crime was committed by some one; but here there was no proof that any cap was stolen, or even lost. They would, therefore find a verdict for the plaintiffs, with such da mages as they should think dispassionately the case demanded. The Jury found a verdict for the plaintiffs—Damages 50/. COURT OF' COMMON PLEAS, DEC. 2. sTußss V. MAY. AND DUFFIELD. Mr. Serjcant VAUGHAN stated, that this was an action for an excessive distress for rent. The plaintiff was a maker of re volving heels, and the defendant-(May) was his landlord; Duf field was the broker employed by May, and he was charged in the declaration, which contained a variety of counts, with hav ing improperly and vexatiously levied the distress, by seizing the implements of the plaintiff's trade, and by selling them at a de teriorated value. The damages were laid at 3001. Lloyd, the auctioneer,' was the first witness called. He stated, that he had sold the goods, which he described as being inferior in value to the estimate put on them by the plaintiff. Cross-examined.---The first sale produced 351. 35., but that arose from the conduct of the plaintiff and a friend, who mate rially raised the price by bidding for articles, which they after wards declined paying for ' • the produce of the second sale was 231. Is. 2d. ; witness was brother-in-law of Duffield, one of the defendants in this cause; witness had a partner, whose name was Duffield, but he was not the defendant, but his brother. The rent for which the distress was levied was rather more than 201. The produce of the sale did not clear the expences of the distress after paying the rent. Other witnesses were called to prove a tender of the amount of the goods to the defendant Duffield, and to state what were the goods then on the plaintiff's premises, besides his working utensils, which had been seized, and which they described as being nearly of the value of 2001. . _ lla Serjeant PELL, for the defendant Duffield, contended that nothing improper had been. proved against him. He had seized the implements of the plaintiff's trade because the other goods were not of sufficient value to cover the distress ; and even when these implements were included in the sale, the pro duce was only 231., though some of the witnesses had ventured to say they were worth nearly 2001. ➢lr. Serjeant Hut.Loc fort& defendant May, insisted that the distress was legal in itself, and if it had been conducted im properly by the broker, that would not affect the landlord. Mr. Justice PARK charged the Jury, who, after a long con sultation, returned a verdict for the defendants. ADMIRALTY SESSIONS. The Sessions commenced yesterday morning at the Old Bai ley, before the Judges, Lord STOW ELL, Mr. Justice HoL ROTh, and Mr. Justice BURROLTGIL _ _ Joseph Porker, a private of the sth regiment, was indicted for an assault; with an intent to commit an unnatural offence with Robert Hunter on the high seas. • It appeared from the evidence of Patrick Colloran, that on the sth of June, when within 12 days' sail of Barbadoes, he awoke one morning and saw the transaction in question. The prisoner slept near him, close to the arm rack—on the first night alone, but the next evening he saw the boy Hunter with him. The witness then described the situation of the parties. Prisoner—Can you look at me with a clear countenance, and swear you did not say to me—" I will do for you before you get to the regiment ?" Witness.—l can look at you. I never said an angry word to you during the voyage. The prisoner exclaimed, " You infamous wretch," and was about to put some questions respecting the witness's wife, when he was stopped by the Court, and desired to confine himself to the subject of inquiry. John Hall confirmed the last witness in every paticular On being awoke by Colloran he exclaimed—" I shall report such rascally work." He did report the transaction that day, and an inquiry was instituted. The prisoner in his defence said the charge was false. The crime was one he detested, and he would sooner stand before their Lordships on an indictment for murder. Revenge had actuated the witness Colloran, on account of his wife having had some difference with him (the prisoner), Mr. Justice HoLnOrn summed up the evidence to the Jury, who, after a short consultation, returned a verdict of Guilty. The boy Hunter was then put to the bar on the same charge, and the Jury found a verdict of Guiltyk The COURT immediately sentenced the prisoners to twelve months' imprisonment, and during that time to be privately whipped. SOUTHAMPTON, Nov. 30.—The Lord Chancellor has been pleased to appoint Mr. J. D. Burridge, Solicitor, of this town, a Master Extraordinary in the High Court of Chancery. IMPORTATIONS OF GRAIN LAST WEEK. English. Irish. ForeiVu Wheat 7,062 735 Barley Malt Oats Rye Beans Peas Tares Rapeseed Mustard Seeds Flour ... Brant; Linseed. 2,451 825 65 9,377 -- --~-- ~~ ............. ......aro• '........ 1,300 • SEEDS, Dec. 2. Red Clover (Foreign).. 24s 32s—fine, 42s 50s —s per cwt• Ditto English R. 18s 33s—fine new, 42s 54s 56s White ditto 2Bs 44s—fine, 54s 581 - Trefoil Ribgrass ...' 2Bs 34s—fine, 40s 45s' , . Carraway Seeds . 54s to 58s—fine, 60's 64s Coriander do Spring Tares ... 26s Od to 30s Od 34s Cinque Foin 32s to 34s—fine —s per q r. Rye-Grass ... I 5s to 22s—new, 27s 3ls per t Vo Canary per qr —s 31$ to 35s Od per fir. White Mustard Seed Bs to Ws Od Brown ditto Bs to Vs Od Winter Tares - 27s to 35s Od per qr. Rape Seed .. 2Ol to 211 Os per Last. Turnip Seeds. --4.0d 6s to 7s pr. hash. Linseed NEWGATE AND LEADENHALL MAttki.ETS, Dec•• l * By the Carcase. Beef ls 8d to 2s 6d I Veal 2s alto 41 A Nlutton Is Bcl to 2s 4d Pork% ls 8d t o ss .4' Lamb, os Od to Cs Od ST. JAMES'S HAY M.A.B.KET, Nor. 30. d N. Hay 31 Os Od to 41 Os Od Cl ortr , .. 31 lOs to 41 410 Old Hay 01 Os Od to - 01 Os Od 1 Straw 11 4s Od to 11 14s 134 • - SMITHFIELD. -- -- Od Old Hay 3l Os 0(1 to 41 Os od--Average, 31 105 Od n " Straw Clover 3l 5s Od to 41 5s oa--A verage, SI 15s v'' WHITECHAPEL. • Od' Hay 3l 6s Od to 41 4s Od—Arerage, 31 16s New ditto... 01 Os Od to, 01 Os od—Average, ol 0 ' 1 Straw ll ils Od to 11 16s Od---Average, 11 1 6 ' ° t o Clover 31 Ss Od to 4! lss Od— Ayer aze. 41 ___52....; PRICE OF HOPS, per Cwt., Nov. 30. Pockets. l IM 1 Kent .. 21 lOs a3l3s a 41 15s Kent .. el 8s a3l 3s a - Sussex.. 2i Os a2l lOs a2 l 1 8 5 Sussex 21 O s a 2l 6s alt . ' : Essex .. 21 5s a 313 s a3l 12s Ess ex .. 21 4s a3l Os a•SI Faruhaw, fine , 61 Os to 71 7s—Second, SI lOs to 610 1 Old Duty laid at 108,0001. __........, RAW HIDES. fiti (jest Heifers & Steers, per st. O r d in a r y .... ts 4d to 'is o d- 3s Oil to 3s 4,: Market Calf .. eNcii.. I °' ;d Middlings 2s Od to ts 8(i Eng. Horse Os od to °I .SHEEP Polled Downs SKINS. Sheep -d to _ a I Lambs _ . to ....-- PRICE OF LEATHER, Butts, 50 to stilbs each per lb 2 Ditto, 56 to 661bs each ' 2 1dto 4d t° 223:1 1 to 03 Dressing Hides 18 d t 0 1 9 4 Coach Hides Crop Hides, 35 to 401bs for c utti ng ..1 94d to i Ditto .... 45 to 501bs Calf Skins..o to 40Ibs Vdd tot 142 ; ' 26 11 . Ditto 50 to 70Ihs 22d t° 96 . i Ditto 7O to lsolbs 24d to 1,,,q(1! Small Seals (Greenland) 18d to .-1 Large ditto .. .. 15 d to I I ; Tanned Horse Hides 173 t° 9 1 4 ,v Spanish Horse Hides ___......-• PRICES OF TALLOW, SOAP, &e.e. per 11:21b.-1".• 29* 765 Town Tallow 41s ad Od Yellow Soap •• • 94 4 Yellow Russia :41s Od —s ad I Mottled • •• • . • Sit White ditto .. ad ad Curd Soap ditto.... 36s Od —s pd Graves ....... •• ' ' 10 0 ,1 Melting Stuff 32s Od —s ad Good Dreos. .. • .. Ditto Rough.. 20s ad —s od • u!L L ' PRICE OF CANDLES, FROM T AL L OW CHANDLF.R Price of Candle's, per dozen, 9s Od—Moulds, 105 " • ud per dozen allowed for ready money 7 ____—/ PRICE OF RAW VAT, per Stone of 61b.--VO s '• Price of Tallow (as stated by the Tallow Melters), COUNTRY GUILDFORD MA . Wheat per I. 71 Os to 101 lOs New Wheat.. 9; Os to 121 Os Oats, per qr... 01 ISs to II 4s New ditto.... 91 Os to 01 Os MARKET. Rh: ET, y, I.N e0rw,.30. Bar le n SS to 1113 s beans, per qr. 11 7s to 11 li Pease, per qr: 11 10s to 11 Os t 4Ye, pyr qr. .01 to 01 10s, COAL MARKET, Dec. 3. rol • Pe. 6 d Ships at Market. Ships sold. 38s Oda 47,,,J 1471 Newcastle 394 Sunderland nt Chi . ADVANCE IN PhicEs.--=Much business was done is chester beast market on Wednesday. Prime wethe in great request,' arid this has raised the price to 35 ' °` it c h stone, while ewe mutton remains at 2s. 6d. Winter cow% in fresh calves, are bearing good prices. Young store iwg . g l a rt. prospect of the abolition of the salt tax, are equally on the. - an a Sheep sold briskly at Marlborough air on Saturday 105 `Z s i t . fully supported the advanced *ices obtained at Andover k_ the A Barge Company will be established at Chichester, freity cdnveyance of goods to and from the Metropolis and dad i n a and environs, via Canal, which is expected to be openF mercantile way early in 1323. r modal, r 131RTHS. On Saturday last, in Hatton-garden, Mrs. George Dett rnar ' of a daughter. the Isaf On the 28th ult., at St. Aryan's, Monmouthshire , of D. Carruthers, Esq., of a son. At Laughton, Sussex, the lady of Lieutenant-Colonel —lll3/111. man, R. H. Artillery, of a son. v • a of On the pst ult., the wife of Edward Greenhow , Dockwray-square, Tynemouth, of a daughter. ~,„,iton? On the 24th ult., at Wisleyside, the wife of W. J. 'dm*" - Esq. of a son. - MARRIED. pace d Yesterday, at St. Martin's in the Fields, by the Redv. ilg hter Morgan, Miss Frances Elizabeth Copeland, y o ungest til l of of Mr. Robert Coeland, to Mr. Edward FitzWillianl, both the Theatre Royal, 0 Drury-lane. 0 017 On Saturday last, at St. James's, Richard Stonier . I Esq., Assistant Commissary-General, son of the Rev-. Win. Gomm, Recmr of Bramdean, in the county of Halt's, to 7 trsiv ,. anna, eldeit dinghter of the late John Fox , E s q ., el r s.. ment-street, Westminster. On 'Tuesday, Benjamin Cowie, of Purley Lodge, Sll•arroc'ef, Esq., to Laura Emily, daughter of . the late W illiam 1111 Esq., of Laverstock, Rants. ....r ___—..--rr•r'°'' the 26tli . DIED. On the Ist inst., in consequence of her clothes catching fi r g Tu Sunday, h respected, aged 76, relict of the late - Johnl-161f6ril,Es(1.; th Halferd, of Broad-street-builclim?,s, Tacttt place. • ' '' , . . On the Nth ult., at Croydon, Stirrey, 111 r. James MOW'. after a lingering illness: '' ' On Frederic On Sunday, ati North-street, Ito le near Alresford, 1 • . Liam Budd, Esq., at the advanced age of 88. intl7E:lsgst,lninsttleatndllayremaronodfshwisoritge.b, IV . lidrales.: ''Pt 3iii On Saturday last, at Fratton, near rortsmouth, C‘i t Charles Tuffir, late of the y Greek Light Infantry Reginle r ' ' hisremains ' buried, Ae • • were on Tuesday w:th military ilonours• ~t i ' f the. 110 , Lately, Major Cl.ristoplier Noble, 'on half-pay Q . Marine Forces. ' ' Dr. Coates, of Andover, after a lingering illness. ._ in , On the 28th ult., t Northallerton, the Rev.' Jr.mes 'MIK . son, Vicar of Hutton Bonville, and for near. half a century.o.!.ilt rate of Northallerton, head-master of the grammar sebo i,' of Pot that place, greatly respected. The. Dean and Chaptir .. fun ham nominate a master to this school, which is: f . 1tD1',.. 1 ' f i rs t dation. John Podeiay -was master in '1327. Sin 0,, in t his foundation many. eminent men have been educaqu t''' school. ' • ' Printed and Published for the PROPRIETORS, 1t the Sit!, Office, No. Il2,Strand, by J-15. CvasTit"s! LONDON MARKETS:- PRICE . OF ttREAD. The price of the 41b. Loaf is stated at 7d. by the full.pricel bakers. There are others of the trade who sell at Sid., 6d , 60, and 7d.