The Sun. — London, England, 1832-11-05 00:00:00

SPIRIT OF THE PUBLIC JOURNALS. Lord Tenterden, TenterdeP, whose life has been for some days despaired of, died Yesterday morning. His Lordship was born on the 7th October, 1762, so that he had attained his 70th year. He has long been in bad health, hut his mental faculties were to the last unimpaired. Nothing was, in deed, more surprising than that his Lordship, suffering as he did from disease, could dedicate the whole powers of his mind to the business of the Court. Few men would have persevered as be did under such trying circumstances; and, indeed, his resignation had been long looked for. When his Lordship was appointed one of the Puisne Judges of the Court of Common Pleas, in 1815, he was little known to the public; and to those who were not acquainted with his legal knowledge, and the soundness of his judg ment, his elevation to the bench created surprise. The surprise was increased when, on the 2d November. 1818, he was named Lord Chief Justice of the Ceurt of King's Bench, over the head of Mr. Justice Bayley, who stood high in general estimation. The nomination, however, was fully justified in the skill and judgment, as well as the extraordinary despatch displayed by his Lordship. Taking him all in all, we question if he have ever had his equal on the Bench. His mind seemed always to be on the alert, and his equanimity seldom deserted him in public. His skill in leading a Jury to the results he wished was very great. He never dictated, or be trayed anything like anxiety that his views should be adopted ; but he had the knack of so placing the subject for them, that they could not, without abandoning all pretensions to judgment, take any other course than that which he indicated. As his opinions were thoroughly Tory, we alwaysdreaded his Lordship more than any other Judge, on account of he con summate Skill he displayed in leading the Jury to verdicts unfavourable to the independence of the press. By his apparent dispassionateness, he threw the Jury off their guard, while Lord El lenborough, with all his talents, allowed himseli to be mastered by his passion, and not unfre quently roused the Jury to opposition. Lord Tenterden, on the other hand, with a still stronger hostility to the Press than Lord Ellen borough, carefully suited himself to the temper of the Jury, and waited patiently his opportu nity, which he took care never to neglect. As a constitutional lawyer, his Lordship was strongly inclined to protect all men in authority. The Justice, the Coroner, and every functionary, from the highest to the lowest, were all pro tected by his Lordship in the exercise of their discretionary powers. The public was nothing, in his Lordship's eyes, compared with the func tionary. He always exerted himself to find the means of escape for an erring Magistrate, and a Justice must have been both knave and fool in no ordinary degree if he lost the countenance of his Lordship. As a Judge in civil cases, his Lordship was allowed on all hands to be exceed ingly fair and impartial. He laboured assi duously to get. through the immensity of busi ness before the Court ; and there never, perhaps, was a Judge in this country who despatched for a series of years so many causes as Lord Ten terrier,. He disliked whatever tended, as he thought, unnecessarily to prolong the proceed ings, and he fad great tact in keeping the par ties to the marrow of a cause. His Lordship afforded a striking illustration of the difference in the qualities required to make a good Judge r ind a good Advocate. As an Advocate, Lord Tenterden never could have distinguished himself, An advocate, besides quickness of apprehension and acuteness, ought to pos c,rs:s considerable powers of imagination and fervour of disposition to make a powerful impression in favour of his client, and to excite a stre.eg feeling against his adversary. He may possess those qualities, and also a great mastery of logic ; but a man of a fervent temperarrent is very apt to see some parts of a case in a stronger light than that in which he ought to set it, and to shade other parts. The Judge, on the other hand, ought to possess great equani mil and coolness. His business is not to state his views strongly, but to take correct views. His business is carefully to weigh in the [mimic, merits of the case bef‘re him, and to attri bute to each part of a cause its due importance. and oo more. This frame of mind is seldom poseessed by any man who has distinguished himself as an eloquent advocate. The eloquent advocate is but too apt to play the advocate when he is on the bench. The cunning and skill in managing a .Tury, which may give to an advocate great reputation, do not necessatil) imply eminent judicial fitness. Sir James Scar lett, for instance, is as cunning an advocate as ever tried to manage a Jury ; hut we have itot observed in Sir James anything berme common-place in his reasoning, and shoule he led to infer that he dirt not possess judicial powers of the first order. It has been reported that Ministers are hampered in then choke of a successor to Lord Tenterden —that the King had given a promise to Lord Lind burst—whereas Ministers would naturally .it.h to name Sir Thomas Denman. We cannot imagine that a Constitutional King would even so " forget the place he holds in the Constitution as to g i ve such pledge, or so far mistake his proper functions as to suppose that it belongs to him to name the Judges. A Constitutional King, when he b chosen his Ministers, can only act thiough them. If he disapproves of the is ode in which they act, he can name suc cessors to them ; but while they remain in office, as they are responsible for whatever is done, they aro entitled to think and judge for thernselvs, vithout lleyal interference, To deviate bon , the rule in so important a case as the naming of a Judge of the Court of King's Bench, would be tantamount to a call on them to resign. As to Lord Lyndhurst, no one doubts his ability ; but ability in a Judge is not everything ; and there are, besides, certain reasons why, in exercising their patronage, the Whigs ghould not fix rn Lord Lyndhurst, of all men in the world.— Morning chronicle. the character and intentions of the Tory f oi,?,te not happily Rumpas well known to Frenc h p o iwcigns as to all classes of Englishmen, i and as heart il y despised n Paris as they are at home, i t i s impossible that these two great coun tries should remain at' peace for a fortnight. Where, for instance, the . French arc termed " our bitterest beaten enemies," and the national standard of a brave and povNertul people, and of their Monarch, with whom England is in strict alliance, has been outrageously insulted as a " rascally, blood- stained flag," we appeal to the common sense and decency of mankind whether anything could avert such retaliation on the part of France as must lead to an. eventual conflict with Great Britain, save a perfect consciousness in the minds both of the French people and of their Sovereign, that those who employ the above disgraceful language ate no better than the seam and offal of a dying faction, dis carded by the Conservatives, whom they pre tend to acknowledge for their chiefs,—execrated or despised by the rest of the community,— men totally without the means of carrying or resisting any one measure connected with the politics of the British nation. Twice in the course of one half column of an . unprincipled Sunday paper does the same disgraceful abuse of France occur, and the " rascally flag" is railed at as if it had never led thousands of gallant men to victory. It was not so with the Duke of Wellington when, during the pact Session, it came in his way to speak of the French peo ple and their character. The panegyric pro nounced by his Grace upon the capabilities of that great people, and their achievements in the arts both of peace and war, was well appreci ated by the French journals at the time, and will show pretty plainly what right the foul-mouthed creatures who now spirt their weekly venom in the face of French liberty and honour have to represent themselves a. organs of the hittrher class of the English Tories. So, they would have Nlinisters call the Parliament together—the old Parliament ! and suspend, sine die, the opera tion of the Reform Bill ! Good. How cunning we are ! Mini'ters would, indeed; be pretty gudgeons to swallow such a bait.— Times. The protest, for such it is in substance, of the Russian Plenipotentiaries affords a direct con tradiction to the oracular announcement lately made by certain of the Ministerial Journals, that the three despotic Powers—Russia, Aus tria, and Prussia—were consenting parties to the adoption of coercive measures against Holland. The document in question certainly proves that Russia, at all events, has never been a " con senting party" to any such measures. On the contrary, the Plenipotentiaries describe the con vention agreed to by England and France, with the view of carrying Into effect the dictates of the Conference by force of arms, as a departure from the principle of pacific mediation by which the deliberations of that body had hitherto been guided. It is true that the Plenipotentiaries, in declaring their secession from the Conference, intimate their intention to await the receipt of further instructions from the Russian Court. But why, if Lord Durham's mission was not a failure, do we now hear of this protest, which, in fact, conveys obliquely, but very intelligibly, a censure upon the Governments of France and Eng land, for departing from the line of pacific media tion which the Conference had hitherto pursued? We were told by those Journals which affect to speak upon unquestionable authority in State af fairs, that Lord Durham had so , well succeeded in enlightening the minds of the Statesmen of the Northern Courts, that the opinions of the Cabinets of the despotic Powers were quite changed as to the course of foreign policy hence forth to be adopted, and that they were now convinced of the expediency of co-operating in the proposals of the English Ministry with re e.ard to Holland and Belgium. An awkward sort of " proof the Russian Plenipotentiaries have given of this sort of enlightenment ! Ever since the French revolution the closest union has 'teen maintained by the three despotic Powers, who have marched together in all their political movements to crush the revolutionary principle, a fragment of which now rears itself against a protoge King of theirs, in the shape of the re volted nation of Belgium. Can Prussia sin cerely co-operate with England and France in supporting the " revolutionary" against the " monarchical" principle ? Time will show. Morning Herald. We welcome with reverential gratitude the return of the day on which, more than two cen turies ago, the Protestant Church of this king dom was preserved from fearful peril by the blessing of that gracious God to whose guardian ship, environed as she is by yet more awful dan gers, we now in humble faith entrust her dignity and her usefulness. In the political condition of our country there is enough to arrest the serious consideration of our fellow-citizens. At home we hear of impoverished finances, of en ieehled resources, of crippled trade, of b.ffled industry', of our Nobles assailed by factious se dition, of out gentry deprived of the influence heir virtues anti their talents deserve, of our iumers awake:led but too late to a knowledge of heir right interests and their true friends, of our artizans deluded into ignorance and stimulated into crime. Abroad we see our enemies che rished in our affections, our friends trampled by our tyranny ; and we look to hear by every succeeding post that the sword is bared which will be slow to return to its sheath, and hat the cannon are pointed whose first dis charge will involve Europe in war and mourning. But on a day made holy by the recollections which this day brings with it, we turn for a while from these momentous conceals to themes of more sad and solemn musing. The open , nemies of the Church of God in our time arm not less malevolent in their hate, nor more sem oulous in their meavres, than were the leaguee conspirators who listened to the lecture of Gar 'let, and placed the match in the hand of Guido Fawks. We watch with terror anti with dis eust the stealthy pace of the crafty priest, the apostle of ignorance and falsehood, as he proceeds from step to step in the accomplish ment of his settled purpose—we mark tie quick shifting of his glance, the subdued composure of his tone, the worse than Popish perversion of fact., the more than Jesuitical ambiguil of com ment; and we feel that in him our Church has :in enemy whom. letters have only taught to err, whom religion has only instructed to hate. By his side we see the bother demagogues, sun tiered yesterday by the jealousy of the one or he selfishness of the other, but united to dayby a community cf guilt of which both are inly con scious—the one the preacher of resistance which he dares not practice ; the forger of weapons which he dares not wield—a fanatic in all but fanaticism's sincerity, a rebel in ail but re bellion's courage ;—the other a manufacturer of tropes and alliterations, a small sword player in the mighty war of conflicting opinions, who would sacrifice the profoundest truth to the poorest trope, and ruin the dearest hopes of his country rather than leave a sentence without its anti-climax or deprive a metaphor of its distor tion. These men were always the unprincipled and irreconcileable—thank God ; they are now the proclaimed and unmasked foes of the Protestant Church of our country. But they have allies whose alliance, though close, is not confessed—the Dissenter, who, be cause he dislikes the position of a pillar or the ornaments of a gateway, would pull down the temple even to the ground—the economist, who calculates what Heaven may be worth, and would minimize the price of redemption—the ignorant, who are Church Reformers, because the Archbishop of Canterbury has a hundred thousand a year—and the ambitious, who, to further their own miserable aggrandizement, create and support the mischievous delusion. All these, different in their motive, but identical in their policy, are prepared to tear down the altar to which, under God's providence, we owe all we yet retain of what is good and happy ; from which admonition has come to the rich, and assistance to the poor ; from which conso lation has been whispered to the afflicted, and absolution breathed over the dying. Let those to whom the defence of our Sinai is en trusted guard themselves for the strife. Let them put aside every ignoble thought, every en feebling recollection. Let them, in the eternal importance of this warfare, abjure the tempo rizing morality which asks what may be expe dient for a day, for a season, for a generation; and let them remember that their age, crowded as it is with awful events, is but one link in the wondrous ch.tin of time, and that their counsels now must affect, not the trade, not the commerce, not the civil rights or political privileges, but the spiritual hopes of countless millions. In this en nobling confidence, and in the cheering remem brance of the deliverance which, as on this day, was wrought by a mightier arm than theirs, let them stand against it:fidelity, which undermines the wall on the one hand, and bigotry, which attacks the outw. , rk on the other. " Their spirits armed the storm to meet, Feeling the rock beneath their feet And tracing through the clouds the Eternal Cause." Morning Post. COURT OF COMMON PLEAS, Nov. 3. WILLIAMS V. JONES. Mr. Serjeant SPANKIE stated, that this was an action which was tried before the Chief Justice at Guildhall, during the last sittings, and he now moved for a new trial, on the ground that the Jury had returned excessive damages. The action was brought on EN alleged fake representation of the va!ue of a public- house, calls i the G,•orge the Fourth, situate at the corner of Plumtree-street, St. Giles's. The adver isement offering to eispose of the house estimated the returns at 4501. a month, but the plaint ff found, after being in possession pf he house for six weeks only, that the returns fell short of the amount stated, and evidence of rather a vague description was produced at the trial in soipport of that fact. It was proved, however, on the part of the defendant that the plaintiff had not given the house a fair Trial, and it was further proved that after he had been six months in possession the 'paints of the house averaged 5001. a month. The Jury, however, in the face of the-e facts, returned a verdict fir the plaintiff, and estimated the damages at 1,012/. The Learned Serjeant proceeded to argue that ►hese damages were wholly d.epropor tioned to the alleged deficiency in the receipts of the house for the few mouths that the plaintiff came into possession. Mr. Justice GASELEE—I believe, brother Spankie, that the house is situate in the borough of Fins bury.—(A laugh.) Mr. gerjeant SPANKIE—It is, my Lord, and therefore I have a right to praise it.—(Renewed laughter.) The CHIEF JUSTICE said that the evidence given at the trial in support of the plaintiff's case oas very loose, and the damages appeared to be exces sive. Under these circumstances the defenlant was entitled to show cause. COURT OF EXCHEQUER, Nov. 3. DEWHURST V. PEARSON. Mr. MATTHEW HILL moved for a new trial in this action, tried before Mr. Baron Vaughan at Not— tingham, w hen there Wfta a verdict for the defend ant. It was debt under the Lord's Act, 32 George 11., c. 28, against the defendant, a She riff's officer, for carrying the plaintiff, whom he had arrested, to gaol within 24 hours from the time of the arrest, and also for carrying him to a public house without his free and voluntary consent. He moved on the ground of misdirection. The Learned Baron had told the Jury they must be satisfied that the plaintiff was taken without his consent to the public-house, but he submitted that the direction ought to have been, that the Jury must be satisfied that what was done had been done with the consent of the plaintiff, the whole policy of the Act being to prevent persons arrested from being taken to prison before the end of 24 hours from the caption, or to any place of custody by their implied consent. The Learned Baron also ruled that it was the duty of the person arrested to name a place of safe custody, and if he did not do so, that the officer was at liberty to tike him to prison before the explation of the 24 hours; but he (Mr. Mb) submitted that it was the duly of the officer to appoint the place, and that if the party arrested refused to go to such place, then the officer might take him to gaol. Mr. Brrati VAuGHAN— l'ne Jury found, in fact, -that the plain iff went voluntarily. Mr. HlLL—They cettainly did so, but their find ing was Atfluenced by the direc , ion of your Lordship. Rule to show cause granted. MIDDLESEX SESSIONS, Nov. 3. APPEALS. The Court was occupird the whole of ihe day in hearing appeals, among which were the follotving “npnrtant cars :- W. 11. CARMICHAEL SMYTH AGAINST THE CONVIC TION OF THE MAGISTRATES AT QUEEN SQUARE Vi.e a p•tlant, who has made himself noturiou by his frequent appearance iii public Courts, had been con.i.aed before the Nlagisiratas of Qqteet , - squai e, for deserting his wife, on the application of h e ffie rs of the parish of Chelsea, to which she had b come chargeable, in couseq rerice of her hus band (the appellant) neglecting to support her. Mr. Smyth conducted his case in person, and was occasionally assisted with note , - by his brother, a c ,plain in the East India Company's service. S , nyth having been .übj,eted to much ill treatment by her husuand, left him; she made fre quent applications io him lor pecuniary a-si•tance, I,tv he refused to render her any. She was redrxed o great distress in consequence of this, and was compelled to apply to the parish. Margaret Mandrill stated, that Mrs. Smyth was introduced to her by Mr. and Mrs. Williams, and torlod with - her some time. Wimess applied to Mr. Smyth for the rent of Mrs. Smyth's room, and oher expenses, which the appellant refused to pay. W mess sued the appellant for the amount in the Coutu Court, but the Commissioners decided against her. Mrs. Smyth was at that time in utter d-siitinion, being without the common nee—saries 1 life. Witness, at the instance of Mrs. Smyth, represented this to the appellant, who replied that it wa,, her own fault, for she had left a comfortable home of her own accord. Mis. Smyth wus re-examined--Left h er hu , - band's hou-e on the 14th of March, 1824, because he locked her up in her bed-room, and would not allow her to have the least thing without an applica tion to the cook or the housekeeper, not even a needle and thread, or a bail of cotton. Judy Neal was the name of the cook; she slept on the first fhor, and Mr. Smyth on a sofe.bed in the parlour. The appellant proceeded to address the Court at considerable length, stating that this was a COllV'e ion obtained against him under the 3d section of ,the 83d of George IV., by which it was enacted, that husbands who refused to support their wives, and suffered them to become chargeable to a parish should be liable to be com.nitted to the House of Correction and to hard labour for any term not ex , eeeding one month. He contended that the com mon upon this subject nullified the conviction, 10l b eea i a li s a e w a husband whose wife voluntarily lived apart from him was not held responsible for any d e bts she contracted. Tile appellant was proceeding to cite cases in point, when The CHAIRMAN told him he was only wasting the rime of the Court. He might just as well sing so many songs.--( Laughter.) The appellant than proceeded to say t h a t his wife quitted him without any justifiable cause; that she had treated him with great cruelty ; that she had committed various acts of fraud against him ; that she had associated with improper characters, both male and female ; that she bad associated with common prostitutes ; that she had refused to return to appellant's house; and lastly, that she would not suit to cohabitation with him; but on the con trary, declared she would not. He then called Mr. Treharn Treharn, clerk to the Registrar of the Court of Delegates, who read the judgment of the Court in an appeal made by Mrs. Smyth against a conviction given in the Court of Arches against Mrs. Smyth. The judgment of the Court of De legates confirmed the decision of the Court below ; it was given on the sth of June last. Henry Wheal was the next witness examined by the appellant. In October, 1831, he took Mrs. Smyth into custody on a Judge's warrant, and re collected that Mrs. Smyth on that occasion struck the appellant in the face. The COURT having repeatedly called on the ap pellant to prove adultery, and finding no evidence of the kind before it, proceeded to decide in the case, observing, that the Act under which the c-eviction was given was imperative ; the appellant had ap pealed against it, but had failed to make good his appeal, because he had not produced, or attempted to produce, the only kind of evidence which would have assisted him ; the Court must, therefore, con firm the conviction, which must take is course, and the appellant must he committed to the 11 use of Co. rest oo for one month, and to hard labour. The appellant, who was evidently much afft-cted, entreated the Court, in the most humhle and anxious manlier, not to commit him to the House of Cor rection. " I will pay the money to the parish," said he, " I will do anything ; I have an appeal coming on at Guildhall un the 9 h of November, in consequence of my having lost a situation of 6001. a year through th;s women. Don't send me to prison 1" The CHAIRMAN said the Court had no power to alter the tetras of the conviction ; none could libe rate him but the King hitnse f. The appellant waq then removed in custody of the Governor of Coldbaih-fields prison. PAROCHIAL RATES OF ST. MARTIN'S•Iti-THE-FIELDS' MR. FENN APPELLANT, THE MAGISTRATES OF BOW STREET, RESPONDENTS. Mr. ALLEY, who was for the respondents, stated the case. lints parish %vas governed by a local Act, the 10th of Geotge 111., %%Elicit empowered "the churchwardens, overseers, vestrymen, constables, and all other ancient inhabitants" in vestry as sembled, to make rates for the relief of the poor. The question before the Court arose in con sequence of the words " all wher ancient in habitants," to which the different parties in terested attached different meanings. A meet ing was held, at which it was proposed to make a 2s. rate; an amendment was also brought forward for a Is. rate, and the majority appeared to he in favour of the latter; but the parochial officers restricted the right of voting on the question to such persons oily as they conceived came within the meaning of the Act, and the majority was then in favour of the 2s. rate. The latter was confirmed by the Magistrates of Bow-street, and it was against this rate the appeal was now made, on the ground that it was not a rate made by the majority of the inhabitants, assembled according to the Act in that case made and provided. He admitted that the rate was not made by a majority of the inhab'- tants, bu tha. was not the question; the question was, whether it was made by a majority of the per sons Coming within the meaning of the words "an cient inhabitants." Mr. ADOLPHUS said the term " ancients" was explained as referring in the Middle Temple to " such as had passed their reading and do not read."--(Laughter.) Mr. PRENDERGAST, for the appellant, objected that the rate was not legally made, there being not a suffic ent number of the inhabitants present to form a majority in its favour. The poor-rate was a new tax, levied for a new and distinct purpose, and the power given by the Act was a power to tax the subject ; it ought, therefore, to receive the most liberal construction, so that those who were taxed should have a voice in the matter. The decisions of the Courts in respect to the new churches had all been given in that spirit. Much reliance had been placed upon the words " other ancient inhabitants," although these words ►-ere preceded by the term " vestrymen." What was a vestryman in common law but a rated inhabitant ? And therefore the rate ought to be made by those who pay it. The CHAIRMAN said the words " other ancient inhabitant," could never bear that construction. Mr. ALLEY said there had been a select vestry in the parish from time immemorial. Mr. PRENDERGAST could prove that the inhabi tants generally bad met, and chosen officers, and made rates frequently, and even as far back as 100 years; how, then, could there be a select vestry from time immemorial ? He thought the power of making a rate should be vested in ail the rated in habitants, and the Act ought to be held quite ana logical to all other parochial Acts. Mr. BODKIN followed on the same side. He hoped that In order to put an end to litigation the question would be referred to the Court of King's Bench. Mr. ALLEY objected to go to the Court of King's Bench, and besought Mr. Bodkin not to listen to the idle nonsense of the parishioners. Mr. BODKIN' did not think it was idle nonsense far men who are heavily rated to 'ry to have a vo cc in the app , op i aim' of their money,lf the law would give it them. Mr ALLEY declined to reply. . Mr. PRENDERGAST kv Tshed . to bring evidence to .haw that the mh..bitatits geneiady had voted m such matters:. Mr. ALLEY—Yes, I know they have wantonly >,tui aud.ciusty itittuded themselves. The COURT, after a short deliberation, confirmed the Nrtg , stroes' (trier for the rate. Four of the Magistrates voted in favour of this decision, and one agam-t it. Mr: PRENDERGAST appbed for consent of tl%e Court to try the question in beneo Regis, but this wa. , objected. The Court was filled with gentlemen living in St. Martin's parish during t! .e hearing of the appeal. POLICE IN FELLIGENCE. MARLBOROUGH-STREET. I n our p per of last Monday there appeared an account (copied from the Observer) of an applica don to Mr. Conant, by a groom, named John Shillinglaw, for the pu , pose of bringing to the notice of Mr. James Wright, of his friends, the situation in which he was placed, ow , ng to his i o g f n i o h r a a t n g c e e n mtleman. o o n v s em at e u n r ts ly or a place gen o d em f a r i e i s n b a le m n e r t e i Manning, who, we understood, described himself as a solici , or, in Ma) fair, and the legal ad viser of Sir James Wright, came before Mr. Co nant to reply to the statement made by Shilling law. He produced a paper, which he said had been signed by Shill , nglaw, in the presence of Mr. Isaacs, the gentleman who accompanied him when he made his a pplication last week, which paper contained a complete denial of what he bad stated to the Ma gistrate, and an admission that he was well ac quainted with the address and the friends of his master at the time he came before the Bench to so licit advice. Mr. Manning, having concluded the reading of this paper, added, that Sir James Wright was a gentleman of considerable landed property in the north of England, and had merely made a trip to Italy for the benefit of his health. The state ment of the groom was calculated to injure the cha racter of that gentleman, especially as it had obtained publicity through the medium of the prese. The present case showed the clang, r of entertaining the ex-parte statements of individuals ; and, in fact, if encouraged, it would compel gentlemen of title and property, such as Sir J. Wright was, when they were inclined to make a continental excursion, to send for their groomsand consult them on the subject. CONANT replied, that .he did not consider the application of the groom was improper, or that it was intended to raise a y unfavourable surmise against any party. Mr. Manning then withdrew. MARY LEB ONE. Late on Saturday evening the driver of the cabri olet No. 897, Henry Bartholomew, was brought be fore Mr. HOSKINS on the serious charge of occa sioning the death of Lady Caroline Barham, by furiously driving his father's cab over her on Wednes day last. It was stated in evidence that her Ladyship was crossing at the corner of Cavendish-street into Mar garet-street, when the prisoner drove furiously round the corner. The consequence was, that her Lady ship was knocked down by coming in contact with the shafts, and that one of the wheels went over her, dislocating her wrist, breaking two of her ribs, and causing a concussion of the brain. The Earl of Thanet, who is the deceased's bro ther, was determined to obtain ail the redress which the laws of his country could afford him. Lady Barham, it appeared, had lingered till half past five o'clock on Saturday afternoon, when her sufferings terminated. The prisoner's father and mother, who were both attending their son's examination, now applied to have him bail-d Mr. HOSKINs —BaiI, S r ? No. Bartholomew, the younger, was committed for re-examination, or rather to await the result of the Coroner's inquest on the remains of Lady Barham. QUEEN SQUARE On Saturday a man named Richard Sarjeant, nearly 60 years of age, and Mary Ryan one of those unfortunate creatures who nightly infest Mill batik, were charged with misbehaving themselves in Willow-walk on the previous evening. It appeared that the wife of the man, in order to make 'hem selves comfortable at home, gave him a shilling to procure a quarter,' of gin at the next public-house. As the old man was marching thither, with the bottle in his hand, he was accosted by the female prisoner, who so " wheedled him and persuaded him that he forgot his wife, and spent the shilling with his companion. Two or three glasses made t►•e old man reel, and as he fell when one arm was round the neck of his charmer, they both fell to gether. At this juncture a policeman came up, and with some assistance walked the pair off to the tation-house. The male prisoner was fined ss. for being intoxicated, anti the female prisoner 20s. Both were locked up in default. A laughable scene ensued between the old man anti his wife, when he was about to be placed in the I , ck-up. He im plored her to pay the ss. " Pay ss. for ye ! " bawled Mrs. Sarjeant ; " vy, afore I'd pay ss. for any such hamourous old goat, you should lay five years in that there hole. It'll larn you to go a gal , livanting agin, you ould sinner, it will. Ar'n't true to you? but, by the power-, I'll make you cry small when you comes out. Lock him up ! Lock him up! and don't let me see his tingly ould face agin." Mr Sarjeant was then locked up, and his spouse left the office vowing vengeance against him when he came out. HAT T ON- GARDEN. DISTRESSING CASE.—Saturday evening a dis tressed-looking man, with his daughter, aged 16, and his two sons, the one 12 and the other 13 year,. of age, who scarcely hal a rag to cover therre.elve-, were charged by police constable 108 E, with begging. The officer deposed to having seen them beg in Bedford-square. Mr. LAING ordered the children out of Court, and they were accordingly removed. He then a-kett the p isoner h s name. Prisoner—Edwa , d Smi h. Mr. LAING —Where do you come from ?—Man chester, your Worship. Mi. LAING—What are you P—A French pol Mr. LAING—What brought you to London Trade is very bad, and I came to seek employment. Mr. LAING—It is well known at Manchester that there are plenty out of employment here. Londoners don't go to Manchester to seek for work. Where did you come from last ?—Romford. That is not the road from Manchester ?—I last came from Yarmouth, where I had work. Why did you beg ?—Why, your Worship, I was forced to it. My children were in a state of star- vation, crying for bread, and I did ask for relief. Where did you sleep last night ?—ln the street,' your Worship. Mr. LAING—I shall commit you to the house of Correction for 15 days. Prisoner—l hope not your Worship. Mr. LAING—Take him out. Prisoner—What will become of my children ? Waddittion (the gaoler)—What is to be done with the children, Sir? Mr. LAING—Let them come in. On making their appearance, he asked the girl her age, where she came from, and where she slept last night. Her answers were the same as given by her fattier to si milar question. Mr. LAING then ordered them to go about their business, and make the best of their way home to Manchester. While in the back-yard their cries were piteous, and they begged of 'Waddington to allow them to go with their father to prison, but he told them he could not do so. The father, who was in the lock up house, sent them out a penny, being all he was possessed of, and they cried bitterly when they were compelled to go away. A trifling sum was collected for them, and they were advised to procure a lodg ing till Monday, and then apply to the overseer of the parish for relief. UNION. HALL. ATTEMPT TO FATHER AN ILLEGITIMATE CHILD oN A CLERGYMAN.—Mr. Wing the priipiietor of the Surrey and Sussex Hotel, Great Surrey-street, Blackfriars-road, attended to answer the complain , of the pat%sh-officers of Byfleet, Surrey, for re fusing to maintain his illegitimate child. Toe mother of the child, on being sworn, stated that the defendant was the father, and that, up to •he period of his marriage to the widow Blizird, he assisted in the maintenance of the child, but had since abandoned it, and she was therefore compelled to have recourse to the parish. The defendant, who was accompanied by his wife (who appeared to be some years his senior), di,- pnted the point of his being the father, and sun; that a clergyman in the neighbourhood of Dorking had been acquainted with the mother, and that she had, some time since, written to him to inform him of the fact. The mo her of the child said, that the defendant persuaded her to father it on the clergyman, a— though he knew at the time that it was his own offspring. The MAGISTRATES said that they were convinced the mother of the child had not perjured herself, and accordingly adjudged the defendant to be the fa ther, and made an order upon him to pay ss. a ,%eek for its support. The defendant, as well as his wife, seemed to be very much disconcerted at the issue of the exa mination. HIGH-EARED RACE OF MEN.--M. Du- REAL DE LAMALLE has mole out the strongest evidence in proof of the existence of a distinct variety of the human face, characterized by the positiim of their , :ars. No, "nIY) as they are represented in the Memnonium, anti other Egyptian statues and coins, were the old Egypto_ Caucasians retnatkable for their high ears, bat in more t6an forty mummies which were unrolled and examined by AI. de LAMALLE, at Turin, the auricular foramen, which. drawing a horizontal line, is placed in us on a 1-vel with the inferior part of the nose, was in these ex amples found to he on a level with the middle of the eye. The elevation, as measured, amounted to a to 1 inch and half. The facial angle was at the sane time found equal to that ot Europeans, but toe tempura region much !nor• depressed than in our vane y. Nor does It appear that the high eared race is extinct: there ate instances of i am tog the people of Upper E.typ , at this day; and in deed there is in Paris at present a to wher of Arabic, a Gyr of Upper Egyp-, w.to is piies,ed of this cuntottua lion in a m ist decided degree.—Medical Gazette. Wheat. Barley 0.41. Aberdeen ...... 8erwick,,,,,,.,,, Coldstream ... Cupar .............. Dundee —........ E1gin.,.,.,....,,,. Inverness... Kelso Perth IL'g. The size 50 58 :I) 35 46 50 48 70 50 60 45 53 40 48 32 35 40 45 54 57 of the EDINMIR We had a large the sales were brisk, Wheat. First 66s Od Second 58s Rd Third 42s Od 20 25 17 18 23 25 23 32 30 33 28 30 24 281 17 19 27 39 29 31 asure vai 15 17 13 IS 16 18 20 24 20 25 18 21 16 21 14 16 25 32 21 24 iea throuj GH CORN MARK} supply of all kinds 01 except for Wheat, Harley. O ats. 36s Od 22; Od 33s Od 19. Od 3.2 s Od 16s Od ET.—Oct. if Grain I iy, and Pease. Reans. 34. Od 33- Od 313 Od als Od 273 Od 273 Od PRICES OR PROVISIONS, &c. Heel, per lb. ... Os. 3d. to Os. 6d. Fresh Flutter, lb 5.10.1. to Is 2.d. Mutton 0 3 0 6 Salt Ditt0........ 0 9 010 0 5 0 9 Ditto, per ost.Bo 0 84 0 0 4 0 6 Eggs, per doz. I 0 0 0 Lamb, per qr. 1 6 '2 6 OatStraw(kp .) 7 0 S 0 Fallow, cwt.... 35 6 38 0 Wheat Ditto... 6 0 7 0 Quartern Loaf 0 8 0 0 Barley Ditto 6 0 6 6 Potatoes, 171 lb 0 0 0 4 Hay. per 5t....... 0 8 0 EDI Ntsliltti fi M KAI The supply of Oatmeal at this sold readily, at last week's prices Per Sack of 2801 b. Imp Per Stone of 141 b. Imp. . First Oatmeal X 1 10 0 First Oatmeal .... £o 1 ° 'Second ditto 1 8 0 Second ditto Barleymeal 1 5 0 Barleymeal 0 1 6 Peasemeal 1 6 0 Peasemeal Pot Barley—No. 1, per cwt. 125.-94, 145.-3 d, 16s.—Peall 'X& L ct. day's market was but small, and ------ GLASGOW CORN MA RKET.—Oct 31. The supplies of Grain are moderate, and the market firm for all descriptions; Wheat and Barley is rather dearer. Wheat, pet 2401 b. s. d. s. d. Oats, per 26411). s. d. 5.a. British, old 23 0t026 0 Irish l2 6to 15° --- new Canada, free 26 0 28 0 Beans, per 2601 b. Irish Barley, per 3201 b. Scottish English — 0 0 Pease, Scottish ... 16 0 17 `n I. Scottish 22 6 25 0 Oatmeal, per 1401 b. 13 0 i 4 n" Irish CORNWA 1.1 MARKETS. Tnutto—Wheat (average) 22s —Barley, 10s.:9d.—Oats, Bs. 9d:, ST AusrELL—Wheat, —a. to 20s.—Barley,—s. to Ils.— De v i os. to Bs. 31 . PENZANCE—Wheat, 21s. to 22s.—Barley. —s. to 1 Is.--Os th Os. to 7s. Od.—Beef and Mutton, sd. to 6d.—Pork, Od. to 40 ,1 •' Butter, 10d. per lb. 1 AUNC awroa— W heat (average) 21s. 01.—Barley,1 Is. 3d.--Os th 7s. o.l.—Beef, Nl—Mutton, 6d. OS. LISKEA an—Wheat, —s. to 225. Od.—Barley, 10s. 6d.—Oats , t is. 6d. Boom IN—Wheat (average) 22s 0 I.—Barley, I ls.—. Oats, 781 6 d. HELSTON—Wheat, 21s. Od.—Barley, 10. 9d. T. COLUMIIWheat. 21S. to `26,. —Barley, 11s. to 128.-.0 13 4nd Mutton, sd. to 6p.—Veal, o.l.—Lamb. Od. MININC rift. TELLIGENCE. Tons. 0 uantity of Copper Ore sold at Redruth last Thurday 2,423 Quantity of fine 187 4 ,, Average Produce..... Amount of Sale, 15,1491.16 s ol —Average Standard, 1164 2s. LIVERPOOL MARKETS, Nov 3. COTTO No —The demand for Cotton still contiall' very limited. and prices have again receded id. generall/i both in American and Brazil descriptions. The sales 0 the week amount to 8, 5 40 bags, viz — l2O Sea Islan" at Hid. to 17d. ; 30 Stained ditto, at 71-d. ; 3,670 vr land, at 6.1.1. to lid. ; 1 550 Alabama, at 61d. to 71 41 ' ; 1,010 New Orleans, at 6td. to Sid. ; 470 Pernamboc ° ' at Sid. to 10d.; 780 Bahia, at ltd. to Si-d. ; 480 #; ranhain, at 1-.1. to 91d. ; 50 West India, at 71d.; 1 6 Egyptian, at Sid. to Sid. ; and 220 Surat at 4k.1. ,1, to 65 The imports are 6,662 bags. To-day there has been 0' a very limited demand in the Cotton Market , th e saw being computed at under 1,000 bales. Coax.—The capabilities of Ireland appear cooslirt;" cuous in the large arrivals of wheat into this I° f since Tuesday. We have also to note a fair auPPIY flour and oatmeal, but a moderate quantity only of l ie, and other grain thence, and very little of any aril joi coastways. Since Tuesday the earn trade in all 01 brancLes has been dull, with a tendency to decline , o 0 today several parcels of Irish new wheats were force a 4, at very low prices; towards the close of the market, rtb, ever, there was rather more firmness on the part 01 of holders at a reduction of 2d. to 3:1. per 701 b. fr° l3 o 4 rates of Tuesday. Flour and oatmeal were 6d. per : t r cheaper, and difficult of sale. Prime Engiish malt c ° b at nued in moderate request, and maintained late prices and all other kinds remained unnoticed. In barley, Data 0 1 y ether articles, the transactions unimportant, and our ‘1 tuna unvarie‘J. MEETINGS OF CREDITORS, ~ AT THE COURT, BASINGHALL- STREE T (From the London Gazette.) Pf• .1 TO-MORROW, Nov. 6. G. W. Atkinson, Fenchurch-street, grocer .................. • .1. Proctor, Gould-square, Crutched-friars, wine-merch ant J. Thorn and Co., Sackville-street, surgeons .................. 1 J. T. Weston, Parish-street, Horselyd•mn, ya n.spinner 11, J High-street, N ewington, linen-drap , r ....... ! 1' Smith, Bexhill, wine-merchant ............................... 11 H. Carter, Hastings, Sussex, chemist DIVIDENDS. ...... atil W. Austin, Woolwich, ironmonger , ............................ - .... C Scott, '-;t. Andrew's, N.-w Brunswick, merchant .....•••••" R. H. Perks, Monckton Combe, Somersesshire, cheese-facCO. C. r ortnum and Co , Nunhaed-hill, patent brick-maker,''.. W and J. Russell, Southampton, upholsterers ............ R. Savage, Whitechapel, cheesemonger ...................... .J. J. Frith, Baoner-square, silversmith .............................. J. Hudson, Oxford-street, tobacconist ........................... - - - AVARICE.—On the 19th, a woman 11 3 - 1 JONES, aged between 70 and 80, died in a tni'e rs te house in Gore's-buildings, Copenhagen - stn et, %Vora' She was always considered to be in an abj ect st ate t poverty, and she subsisted upon alms: since her d's i • ovrever, it has been di s covered that she ha d 1241. jai.' Savings' Bank, besidrs 6501. in turnpike bonds and OR:., securities. Two watch's and som e silver spoons ru fould in the mein apartment she occup i ed. Her s ir k svaio is an inmate of th- House of Industry, inherits " property.— Worcester Journal. . . DISTRESSING OCCURRENCE. —The Lbu , tf the Rev. Dr! CUTHBERT, at Doncaster, came ° i s! death last week under ,ery painful cireurnstances.. o% l was preparing to receiv e a p arty o f guests i n the e ve° Svorday last, and having gone into the kitchen, g e the act of showing on e o f t h e servants b ow to s' ° , owl, when her dress took fire, and from the lig ht° ,ll its material she was almost instantly s urrountle 6 o ll volume of flame. Th. unfottunate lady was s" dre : s t• b tint that she expir e d next day.— Sheffield BIRTHS. 010°' V On the 2d inst. at Windsor, the lady of Colonel stream Guards, of a son. ~n as IV' i‘i On the 3d inst. in P or tl and-place, the lady of Tho— n DJ On Esq., of the 3d Clapha, of a son. ingt ° ins m t. in Tavistock-place, Mrs. J. Rem of a daughter. MARED. or ,08 On the 7th of August last R , at t he Ca of Good rf Dumergue, Esq., of the Madras Civil S ervice, to Ann daughter of John Marshall , Esq., President of the u" Bank at the Cape. On the 3d in s t. M r. G eorge Cham b ers, o f Kenning t o ° t 'l' ° 3l reline, youngest daughter of Henry Hedges, Esq., Middlesex W' DIED. of On the 2d inst. in his 76th year, James Hall, Esq'' Vi i: p tague-street, Russel -square. On the Ist inst. at Thistle-grove, Brampton, .1 5 4. 4 Curtis, late of P ar k . lan e , relict of the late .1. Curtis,,,, li On the 24th ult. at Southend, Essex, Miss Mati. ( `' pe, • vester, eldest daughter of Sylvester, of ChancerY' 15 On th year. the 2d inst. at Bruce-grove, Tottenham, Ra d " r of Joseph Fletcher, Esq. of i l ‘fle On the Ist inst. in Doughty-street, in the 18th yea', of Elizabeth, second daughter of Mr. Frederick N a ile, it' street. lie"4elY, On the 3d inst. in Gower.street, Mrs. Henrietta 11 69th year. On 3d inst. in Fleet-street, in the 57th year of hi s `" v 1 Phippen, Esq PRINTED AND PUBLISHED BY MUltov SUR OFFICE ) 112, STRAND, LONDa• COUNTRY CORN MARKETS DURING LAST WERIC. Wheat. Barley. s. to s. i s. to s. 54 27 40 52 25 33 46 52 28 32 50 26 57 ; 33 42 54 25 33 s. d. s. d. s. d. s. d. 5 6 66 3 0 3 6 70 90 48 54 88 8 9 6 4 66 70 9 3 3 6 46 86 931 5 6 60 69 7 4 3 9 46 90 10 0 4 6 50 12 6 17 01 9 0 10 0 1 1126 14 6 9 0 10 01 140 18 01 9 0 100' 1 . 126 14 01 9 6 10 01 Oats. s. to s. 21 17 22 17 28 20 22 24 1 s. d. s. d. 13 19 36 40' 33 39 3 4 0 130 39 22 26 22 26 50 58 50 66 50 68 44 58 Per Quarter. Morpeth Penrith Sheffield •••*••••••• Winchester Per Bushel. Coventry Newcastle (Staff.) Northallerton 5t0ne....,.. e Swansea Warwick • Per 8011. Barnardeastle Durham Richmond ...—. Stockton --........ Beans. S. S. 40 - 30 32 38 39 42 46 s. d. s. d. 00 00 5 6 6 0 54 59 56 60 64 70 00 00 73 76 00 110 90 110 90 106 00 00 WAKEFIELD CORN MARKET.-Nov. 2 Wheat, Red, Norfolk and Suffolk -s. 475. to Ms. tine Ms. -- Lin. and Cam. -s. 435. to 525. fine 545. -- Yorkshire -s. 40s. to Ms. fine Ms. - White -s 50s. to Ms. fine 60s. - Foreign, Red -s. -s. to 465. fine 545. -- White -s. -s. to -s. fine 60s. Barley, Norfolk and Suffolk --.- Lincolnshire 3%. to 395. fine 40s. - Yorkshire Wold 365. to 395. fine 40s. - Foreign ' -s. to -s. fine -s. Beans, Small '34s. to 365. fine 375. - Tick Ws. to 355. fine 36. Oats, Potato 2os. to 225. fine 235. - Poland -s. 19s. to 218. fine 245. - Friezland and Small -s. 17. to 20s. fine 21s. - Healing Shelling °is. to 265. ad. per Load. Malt 34s 435. fine 465. per Load. Rapeseed 22/. Os. 241. Os. 2.51. Os. per Last. SCOTCH MARKETS. Keaua Oit 27 29 22 24 28 32 22 23 26 29 30 31 23 30 -- 23 30 46 -- 23 2.5 -- 45 48 43 44 26 no hout the country.