The Sun. — London, England, 1840-11-05 00:00:00

;be ( ' de• tV ENING EDITION. e:I— -tl'eo great di scontent. The plague has again made ~,Pl'o,trance at twelve leagues front Rustchuck." , 'he Marseilles mail had not arrived at Paris at four 0 clo c k b c • on Tuesday owing to the country about Lyons , . In g flooded by the overflowing of the Rhone. The sgrn., cause.p4ti,iel,:sdeaaByter• ti p ti ro e b tv a s bly retards the arrival of o ,l ur p c d o r li s ri o e n r , who was expected to rue • Ag R 71,,, 4 P ro of of the pacific views of the Cabinet, t th o e co as t. s aYo that the calling out of the reserve of h ripti on of 1834 has been countermanded. The i l it p7 , o , 74o B ::: in o g f s ' wy ß h,o l ; nk of Paris received on Sunday, the d nd Monde • c'd of November, 1840, from 3;175 . 369 were new ones, the sum of 0 .%04 4 t 9 fr ilo`••• The sun - ,s drawn out of the bank , el in all to 774,000 francs.—Monitexr. infrr letter 6 from Toulon, of thp 29th of October, f r I.r° °8 of the arrival of the war steam-boat Brasier, t6 rn ju ni 3 , which it left on the 22d. It brings from w e r i tench Consul despatches for the Government. th at ?Il from th e accounts b roug ht by thi s vesse l tee n t " a gere3 of thc Porte, 7.'iro without doubt had otiv c i e s n k t at the instigation of Lord Ponsonby, had de the e n - r ,`" P---3', by announcing to him that war was on i ft ;i r e n. T ' fo : r t ent o i. : .; 1, : ; : oo k m i n n e cr wls, o ,si u l fi t er , oh a m n i t d lni t i l ag i y a i,e t pr, Algiers consequence,onhbaadblbe been ne rine creeri inferred 000 ct " t ;! of Prance had considerably declined in that k n : '?larsb a l Vallee had taken the field, for it is well 11: 1 tha t on these occasions he detains all the packets. Vel4,9)se cor vette is gone from Toulon to Port Africa.' to tak e on board 300 men, and convey them to I riv er De,squadron of Admiral Nlackau, bound for the of A, 'ate, anchored on the road of Gorce on the I.)th tak e 'lust last, after a passage of twenty-nine days, to °fth ill w atr and fresh provisions. The insufficiency f tterae Provisions in consequence of the number of trill 0 0t: au ti bo ard, obliged the squadron to step, wl • 0 4 t s i g a ‘ ity longer delay. Prince t om, " 2 0th of August the Bch brig wos ordered 7 1 a t St• Ilelena to take a annel pilot . toth! toj c i n mae. J oinville. It will then go to the river Plate AYre - ,7 Admiral, who proceeds direct to Buenos 8 ..ilLtnn the bollepole frigate.—Le Commerce. kih„ -- ußsE.—PAhlg, TUESDAY, .Nov. 3. ' o lir s-fI•4T TIIItEE —Settling in Foreign Stocks and opened 4 : the October. Account. The Three per Cents.. d e ' eci d 761 . 80c ft?.! - .hc end of November, declined -4114:4- rot e to 77f . . 60c., at which they closed, c being t a ,!ice i tne nt of 1 per cent. The Five per . en s., first tioc. price . ° ) It.; °9r 60c., d last llof. sc. a rise of fr o per th Three an per Cents. arc 65c : , and the il ,ell r . e , t e nts. 43c higher. The Bank of Prane_haavne 44 C ati°111r Y at :esterday's quotations. The Fiveperßelgian 25c. 4 41 . : i Per cent., and the Three per Cents._ No. ttrat: t tor, for the ctober Account, 68f. 25? , .; f tttt r " 68 f. 80c., and 68f. 60e, The Spanish f or Ito IZ, closing at 22, after having been 22 4 . Neapo. The Rill. / Sli 044 4 °c• bette r ; the Roman I lower. ar ea hare but slightly altered. C irst Highest Lowest Price likk l a Pet c Price Price . F l r o i 9 ce lis ... P lolno ... 1 ; 0 9 EO , 4 ps... _erns .2 ••• -„„ , 5 ... 9 5 ~,,, 95 25 k bk • 314 ..,ents,„ ..... ..•• ... ..- - 44( En uat r e LI ..... „ ~ 1• 5 % 3 90 . ....... 31 7 5 7 0 35 ...... 3 7 15 6 0 85 ...... 3 7 1 7 50 35 Ilant 1 . 00 • 1 7.... F.::: -1020 .... 1 1 1 1020 :gig; 'VIII hank 5 , 0 001'. Ms 5 ( , ) 31 , 05 . .... 4 4r0 ... soso IPO i p4 . t Per Cenir .Z., 97% ... 91 3i 25 ''• , 9 5 7 8 , 5 -. tilts P , H,hlercen,. 69 25 ... 2,, "' . 2 ., -7,, 22% IsOrt P a e s t si le• *""" • ..... '• 1: ,, 2 4 ... V i Elli ... 5 14 ,14:11,Ye ................ -i "' i". oiii .„ 21 1 4 it a lioilt,, . Per Cents - ' • - 101 50 ... )62 ta„ ... •• .................. It ....................... l 'O e tntai • 11.A1LWAY SHAIIS. CV 50 .. (330 4*ki te I": ............... gtll ','• 13 301 _ „2 50 ,:ahs I * l3 . ... ............ tO Ibur...: ___ . 0 '" ' 0 Bale ..... . . 375 ... 377 50 ... 375 ... '''''' ° . HASIBURG BOR6BeIHALLE, 0CT. 3 2 1 ... Money. ✓lstri a „ .ank - 8 " 5 per Cents. 4to_ hares — 16€0 114,,,P-Itussian Loan 105% 105 Ills"c i •. s per Cent, lot seriei, Csrtificate $14,,,,,Pti0n, Ist Se'ias — tiSeri!4rlts per Cent. Hope and Co. 3d and 4th i6v c 6 Lhio CriiiCate; ........................ ... 41 47%95 bit t. '" Actual Debt, 2% per tent po„c. ............ 5 per Cent ~, ,J'h Bondi ............ 140 'ieri,v licket 118,;!!gian per, 4 per Cvat .. ' 4O . New 3 Cents. — Them.— 0 Aadrid Papers received are of the 27th ult., 1,,1 h th e foll ow i ng day the young Q ueen I SABEL LA th e tr) make her public entry into the capital, and sl ich tlitin icipality were preparing a thousand fooleries, Pt° 43 flying white doves, &c., to celebrate so te r t ti "a an event. The condition of Spain is ti l t ' a larming. Letters -from Bilboa of the 24th th' s tate, that great apprehensions of outrages by f oll g‘rriSOß of that town were entertained. TI e ing extract from a Barcelona journal of the th , tip, 4 ". details the fears which had there seized w e tl 'e minds of the people :-- b een i f ,' 4 tia by extracts of correspondence (which has ,eatal r , er eePted) between several factious emigrants of ko ks "" c a and their families, that they have not lost hie 01, 1 r eturning to the province to recommence their the c o ' r 'gandage. In certain letters it is stated that l ttr ter h unt de Morella, attended by a French Gem e ero : l tith Tr i ng Passed some days Bourgos and conferred Ct er Carlos, proceeded to Montpellier, g‘ tho"'ards where' he liked. According to o therletters, Louis hiji llrit ish and Russian ministers bad asked it ) 0 high to send an imposing army the frontiers, It tite r a der . t c) Place Carlos V. on the throne. It is even t e.C t . in on e of these letters, "We intend to t4 lio Spain with the aavanced guard of the la at- tt isvd 's of brave Frenchmen that are being o ,ga. 31 this m o ment. At the very moment when Pay 43 re-enter the territory we shall have full fro 411 the offi c ers will receive promotion." Advices t4o ttl ij igiers likewise state that in that colony the ru- C lt i l l,6 : 1 ' ac cre dit e d of the approaching return of the ar e ' B t 3 to Sp a i n . It is positive th a t the Carlist clubs liel.l;,"ci 4e l ,!iyely employed at Perpignan, Toulouse, Montpe - 1 5ntges, &c. , and even at Paris. We are anxious N:1 C . "' about Don Carlos at Bourges, because 70 or th e C ues are not eas ily g ot over ; and it is known, i on th O ther hand, that the Carlists have a magic ta Pj.li l e wh inb renders them invisible to Louis Philippe's Lo til e *. xi Yor th e l atter i t was no t eno ugh to have Prince ! t ag aPoleon in England. In a second attempt he bo,C e ized and i ncarcerate d i n a fortress. It is pro if • t t hat the re wou ld b e l ess uneas i nes s at the Tuileries t he 4 : te 'd of hell , well guarded in a citadel of France, Stir,'„r'teader Louis Napoleon was at Pampeluna or t we ll C l ° lsa, in the safe keeping of some gendarmes. f resh e' s Possible, then, that we might have !ome t he' arlist or Absolutist attempts to wipe off, but of not to be feared. The period for the theories , tieB arti "z I I Rosa, and of the Eliot rea is e 2 i nstantaneous suppression would loo n b eane by. An ‘ tist ri , ° tl end of such mad attempts. If an Absolu knowaction is impossible, on the other hand, it is for 4 , that the minorities hive always been times - 1 1 tt atian and commotion. That of Isabella will be tia l ty, e , c anse it is based on the ruin of fanaticism and tt ei !" oo . We reckon, in order to be prepared for t hing, upon the brave defenders of the country. t"AP or SYRIA.—Mr. Wyld of Charing-cross has - Publish e d a map o f t hi s country, on a large scale. embraces a space along the shore of about °5O miles tve f rom 70 to 100 miles into th e interior, and contains .t tir t _rY town, village, r river, and bill, d e li nente d w i t h great e, and taken from the best and latest authorities. lr Wyld has great merit i n t hi s respect. He is gene j4ll first in the field with maps of countries that form „ .t) p bl'c interest either from fresh discoveries 6rtlllvvesarloikfepublic operations, and both . from his situation as Qographer to the Queen, and his extensive eommu- In • 4 tion with the most celebrated surveyors and e tc of the present time, he is enabled to .1 ,1 1 1 '! them with great minuteness and fidelity. 11 ,4 e Present Map contains the ancient and modern ti of the principal places, together i with the F°Pulation of the different tribes. Mahomedans le xtiu . fi6 s 'le of the Benouins), are in number about ; the members of the Greek Church, 1) 4 0 ; the Druses, 186,000 ;the Jews, 175,000 ; Maronites, 104,000 ; the Catholics, maid(„;:9() together with Armenians, Franks, of inhabi t4tit altogether nearly two millions tx 3. We need hardly say that the maps beautifully Pr t , n A tit cd, and will be found useful not only e- d es u t r a in b g lish th ed e 114. - .;" operations but till Turkey has r Co m i nion over the different pachalics. the 'ERTSD'HIVER,DRURY-LANE.7Awnleoonbgser. I,%hionable personages on Wednesday evening h y : 4 the following :—Duke and Duchess of Beaufort, Bisekctt Lora Turkish Ambassador, Lady Poulett, A 401" c' l Castlereagh' Lord Tenterden, Lord Burghersb, 41 Pbus Fitburaain, Sir F. Trench, Mrs. Milne, Lord zclaren ce , Lord W. Lennox, &c. 11:461E floWx.—We stated on Tuesday . th hc a a t_th on e 1.1-we, 120 -gun ship, bad sprung a leak at Spit ne d o of the 1' last. On Monday morning, in consequence a tid r, Pert of the master-attendant, master-shipwright, ti cithor i,fficers of Portsmouth Dockyard, after exan onto klo ( Ti c f the leak, the Howe was ordered to be taken i by T he nature of the evil has since been discovered liavtib° exertions of the officers belonging to the Howe. the n g b rought the ship down by the stern, by runn i in r g . b o g ri t- 111 3 aft, it was perceived that the bolts of the a 11. ars. sb c'oti passing from the " head" to below the ii,4l'Lline, had been drawn, probably by the accident the 4 4, cable getting under and lifting it, while 14 ° 4 : veering after the ship had anchored early in the . t r4 i, i n g of :.;utid y in following the motions of the Bri b.4:rZ-Z,. blame :is to be attributed , anywhere, except to the original constructors of the shoot, which t carried too low in the water ; but great credit is . due tho " officers of the Howe whose acumen and exertions Z%covered and easily repaired a mischief which otherwise i °111 ( 1 have involved the country in expense, and the ser 'l: in considerable delay The ship was visited on '--(2oth,sdaY morning by Admiral Sir Edward Codrington, Low—rnander-in- Chid at the port, who went under her the d.rld mihutely examined the nature of the leak,.w m hi e le .. di t 5 , 1 11 Pwriglus were stopping it. The • Howe sails Ta d. e.l ' her destination. The Britannia sail l e m d d o rs n 'ut ~vaY for Malta, looking in at Plymeuth for last or c , "" anchining there. THE MARKETS.-(THIS DAY.) COLONIAL MARKET. Thcce was little activity in the market, both shippers and the home trade purchasing with extreme caution, and the auctions were light. The arrivals were small from all parts. TEA MARKET. There was not much business done in free trade Tea, but prices were steady for all kinds ; for Company's Congou 2s. 34d. asked, but little was done. TALLOW MARKET. The demand was vcry limited for Russian Tallow on the spot, and prices on the decline. 495. 6.1. was the value of the first quality. HAY-MARKET. There was a good Fupply of Hay, bit only a moderate demand existed. Clover, 31. 10s. to 51. 12E.; Meadow, 3/. to 41. 103.; Straw, 11. 103. to 11. 12•. LLO YD'S SHIPPING-(THIS DAY. DEAL, Nov. 4.—Wind W. S. W., moderate.— Arrived the J. W. CAir.g. - mod, and PlAtinus schooner, from the ; Courier steamer, Calais. Arrived from the River, the Kumiar, Lidderdale, for Sydney ; Carshalton Park, Done, Sierra Leone; Cieander, Pearse, Messina. PLYMOUTH, Nov. 3.—lt has blown hard all night from S S. W., and continues (8 a.m.) Far.mouTir, Nov. :3.—Wind N.E. to S W.—Arrived the Omen, Moltsfclt, from Longsound ; Jenne Carolicnne, Aux Cayes, for Havre; Lce steamer, Spiers, London, and proceeded for Cork. BRISTOL, Nov. 4.—Arrived the Talisman, Pcrsani, from Richebucto; Amitie, Mackie, \Vyburg. RAMSGATE, Nov. 4.—Arrived off, the Airy, Nicholson, from Cape of Good Hope—sailed August 13 ; Laura, Haigh, London, for Hobart Town ; Ellen, Brown, Lon don, for Jamaica; British Sovereign transport, Cowie, London, for Hobart Town ; Castle Lachlan, Bruce, Lon. don, for Jamaica, with rudder damaged. CLYDE, Nov. I.—Arrived the Robert ?genies, from Virginia. Sailed the Mary Ann, Moody, for Marseilles ; Oporto, Wilkie, Oporto. KINGSTOWN, Nov. 3.—Arrived Minerva, Bouche, Memel. WATERFORD, Nov. 3.—Arrived the Prefect, Edwards, from London ; Elizabeth, Edwards, London; Exquisite, Goldsmith, Archangel. BELFAST, Nov. I.—Sailed the Lord Seaton, Fitz-Si mons, for New Orleans ABERDEEN, Nov. :2 —Arrived the East Lothian, from Hamburgh. Sailed the Irene, Meyer, New York. LIVEIIYOOL, Nov. 4.—Arrived the Tigris, from Calcutta; Adrearoi, De Jascy, Brest ; Erin, Whiting, Hamburgh ; Fame, Issing, St. Petersburg; Scotia, ditto. Sailed the Matilda, Roace, Calcutta ; Rowland Hill, Stuart, St. Thomas's; Belmont, Armstrong, New Orleans; Caledo nia (steamer), Halifax. PORTSMOUTH, Nov. 4.—Wind S. S. W. to W , blowing hard and squally.—/Arrived Aurora, Shell, from Dantzic ; Norden Eelsen, Hamburgh and Lisbon ; Montreal, Grif fin, London, for New York. Put back her Majesty's ship Britannia, for the Mediterranean. Off port the Boyne, Richardson, from Mauritius. Hunt., Nov. 4.—The York Union, England, from Goole to London, put in here yesterday, with stern stove, &c., having been runlinto by the Thomas, Rising, when aground on Whittle Middle, last night, owing to the suc tion of the mud. She settles very much. MONEY and COMMERCIAL NEWS. CITY, TWELVE O'CLOCK. LIVERPOOL COTTON MARKET, WEDNESDAY. The Market today has been rather dull, and prices similar to those of yesterday. The sales are 2,700 bags. LIVERPOOL SIIA RE LIST, Nov. 4.—Eastern Counties, debs., 38 as ; Great Western, 82 ; Half-shares, 46i ; Fifths , 8A 8 ; London and Birmingham, 163 ; Quarter shares, "61; North Midland, 75 ; Midland Counties, 83i.; Half-shares, 37; Bank of Liverpool, 18i. The Market is much better. We have received Mauritius Papers to the Bth of Au gust; they are without iuterect, The account given in the French Papers for the de fection of Emir Buschir is as follows :—" What has happened has been foreseen, for we find, in a letter from Constantinople, of the 6th of October, published in the Austrian Observer, that the inhabitants of the mountains were tiresl of his exactions, which were of small profit to Mehemet Ali, becau of the 30,000 purses which he levied, only a tenth par reached the coffers of the Viceroy, the consequence was that Ibrahim Pacha could only reduce a small part of the taxes leviel on the pedkl c.' From the Journal of Antwerp of yesterday's date we extract the following llounsE or AMSTERDAM, NOV. 2.—The Bourse of this day was in a less favourable position than yesterday, owing to some realizations having taken place in the Integrales, and in the Actions of the Society of Commerce ; the first, which were yesterday 501, fell to 494 ; and the latter to 15923-. The foreign funds, on the contrary, were better; Ardoin's Spanishwas sought after, and improved -4- per cent. ANTWERP. -Yesterday a diligence going from the Hague to Rotterdam fell into the canal. Four persons were in it, one of them lost his life, and the three others received contusions. VIENNA, OCT. 17.—Our Bourse was singularly agitated. There were numerous failures, and the great houses had re course, to stop the fall of the funds, to forming houses of de pot to prevent the holders of funds selling at any price. To evade in future this event, three of the first houses of our town will have couriers from Paris, and will immedi ately post up before the opening of the Bourse the last prices from Paris, but without stating the cause of the fall or me of the funds. One of the greatest banking houses of Vienna has sus spended payment. They write from Frankfort 29th Oct.: —" \\relearn from a good source that new negotiations will be opened in London on the affairs of the East, and that France will take a part in them." We have received Cape of Good Hope papers to the 22d August. FRONTIER INTELLIGENCE.—Our C...rrespondent writes: I dare say you have heard before this the particulars of the installation of Sandella, the great chief of the Grigua clans. We were present. It consisted of 18,000 Caffrey, 3,000 of whom were armed with guns of different descrip tions. Firing was kept up all the day, and gunpowder in sib. bags was produced in abundance—a fact which de mands the attention of the authorities, when it is considered that the whole has been obtained by illicit traffic, and by this means the lives of the colonists are placed in great danger. There is at this moment a question in agitation, which concerns the welfare of the colony, and which the people should, to the last extremity, oppose—the destroy ing of the Government paper money now in circulation. Lord John Russell can have no correct information of the existing circumstances of the colony." We have received Graham Town papers to the 14th of August. THE WEATIIER.—The quantity of rain which has fallen has been very considerable, in consequence of which tillage is very backward ; but the winter, upon the whole, has been extremely fine with regard to stock. The account is highly eneouraOng. ('AFFRE DEPREDATIONS.—( Extract of a letter from Mr. Vaughan.)—" We are continually robbed by the Caffres. I shall begin to sell my stock next month." SMAI.I.-PDX.—WC are glad to report that no new cases have occurred since the date of our last. Extract of a letter from St. Helena, Sept. 19 :—" An American barque, Jones, lying in these roads, was taken possession of by her Majesty's sloop Dolphin, and sent away (not known whither). The Captain and supercargo were not allowed to go aboard of her, and they had con sequently left. THE FUNDS. Consols, which left off yesterday buoyant at 88t I for the Account, are heavy at present, and may be quoted at 88 for Account; Money, 851 . The exact cause of the depression is not as yet ascertained, but supposed to par ties realising at the closing high price. Exchequer Bills, 2 dis. par ; Bank Stock, 152 160 ; India Stock, 242 244. In the Foreign Market Spanish Active left off 211 at present 21 a ; Deferred, 10i ; Passive, 51- ; Portuguese same as they closed, 334 ; Three per Cents., 21N 22; Colombian, 231 ; Brazilian, 73 75 ; Mexican 2 - 71; Dutch Two-and-a-Half per Cents. 50i -5l y ; Five per Cents. 975. Sus nEs.--Great Western Railway, 15 16 prem.; Lon don and Brighton, 14 13} dis. ; Blackwall, 54- 4s dis. ; Birmingham, 69 71 prem. ; Southampton, 51 52 per share ; Croydon, 104 '4 l - per share ; Greenwich, 6 7 per share; Manchester and Birmingham, 16 14 dis. PRICES OF SHARES THIS DAY AT ONE. RAILWAYS. Paid. Per Share. Great Western Ditto New .. . Ditto Fifths London and Brighton London and Birmingham 9O 165 PRICES OF IRISH STOCKS, DUBLIN, NOV. 3. 3 per Cent. Consols Three and Half Stock 96 Grand Canal Stock — Ditto Reduced ...... Ditto Debs. per cent... Ditto New, 1630 ...... 96A Ditto 4 per cent 36 per Cent. Debt. HALF-PAST ONE, The Dutch Mail of the 4th of November has arrived with the papers, bringing the prices from Amsterdam of the 3d inst. The Dutch Funds have improved owing to the surrender of the Emir Bechir; Two-and-a- Half per Cents. 49 15 16ths to 50; Five per Cents. 96;4; Ardoin's Spanish, 20 5-16ths. Preparations are making at Amster dam for the Coronation hilt no day has as yet been fixed for the ceremony. Sales to some extent have been made in the course of the morning in the British Market, which has had the ef f( et of depressing the funds. Consols have been fluctuating from 881 down to 88} i, at present may be quoted 884, consequently they have receded 1 per cent, to the present time ; Money, eB4-; Exchequer Bills 2 disco...int, par Bank Stock, 159 ; India Bonds, 13 dis. ; India Stock, 243 In the Fo r e i g n Market S p anish Active nominal, 21 ; Portuguese, 33 ; Three per Cents. fna ;,}; Mexican, 27; ; Brazilian, 74 ; Dutch Two-and-.a. Half per Cents., 51; Five per Cents. 971,-. SliAltNotig doing. I . 7rtit Western, 81,1 ; New, 47 ; Fifths, 8 : London and Br,ghton, 261 , 1 2 -; London and Birmingham, 163. ROYAL SPORT. —Prince Albert visited Part noll-park, Virginia `tVater, on Tuesday last, for a day's shooting, where l'oere were waiting to receive his Royal Highness Colonel' Challoner (the host), the Marquis of Downshire, toe Earl of Uxbridge, and a select party of other gentlemen. Prince Albert, with five other gentle men, kilted in one hour 97 rabbits, besides pheasants and hares, out of which number his Royal Highness killed 25, and said th at i t was the best sport h e had y et had. On Saturday, t h e 31 st, the Marquis o f Downshire, the Earl of Uxbridg e , an d , o l one l Challoner, with four other gen tlemen, killed 275 rabbits, besides pheasants, hares, and WOOdCOoks. LIE SUN, LONDON, TITURSDAY, NOVEMBER .5, 1840. CHANCERY COURT-(THIS DAY.) SWAIN V. PRATT—JUDGMENT. The LORD CHANCELLOR gave judgment this morning in this case, which was argued before his Lordship some time since upon exceptions to the Master's report. The prin cipal question raised upon these exceptions was as to the amount the personal representatives of the testator should be charged with on account of the stock and property of the testator on his tarn at the time of his decease. The Master, by his report, had charged them with 3,0001., when, by the exceptions, they asserted they ought to have been charged with only 1,500/. It ap peared that one of tha representatives of the tes tator was allowed to enter into the possession of the farm at a valuation, instead of that property being sold and turned into personal estate. It was alleged that the valuation was inadequate, and a bill wss filed, and a decree made in the year 1835, by which it was refeircd to the Maser to ascertain the amount to be paid by the person.:l representative. The Master made his report, finding that 3 000/. was the proper amount, and from that report the present exceptions were taken. Ills Lordship was clearly of opinion.that tho Master had come to a right conclusion, and ordered all the exceptions to be overiulei. The Court also directed the case to stand on the paper upon further directions on Tuesday next. MAUND V. ALLIES. The LORD CHANCELLOR also gave judgment in this case, the only point in which was whether partnership accounts which had been settled should be opened or. the ground of error. His Lordship was of opinion that the plaintiff had entirely failed in making out a case for open ing the accounts, and dismissed the bill with costs. TILE ATTORNEY-GENERAL V. TILE IRONMONGLRC COMPANY. Mr. COOPER stated that his Lordship had been good enough on the first day of the term, to order the case to stand in the paper for Monday next, in order to give an or portunity to Sir William Follett to attend. The Learned Gentleman had, however, since that day been informed that it was not likely Sir William Follett would be able to attend on that day, as he had been detained at Boulogne in consequence of the illness of some members of his family ; he had therefore to ask that the case might stand over generally. The Loh') CHANCELLOR-Let it stand over till Sir William Follett comes to town. cer, and not, like the Sheriff in a County Court, a merely ministerial officer, was not responsible for the niableas ince of the other two defendants, who were bailiffs of the Court, employed to execute the Writ of the Court,—Rule nisi granted. AYLMER V CUTHBERT. In this action, which was for goods sold and delivered, a verdict was given for the plaintiff on three pleas in the amount of 28/ , but for the defendant on the fourth plea, which was the set off of a judgment debt of 581. Mr. Sergeant CIIANNELL now obtained a rule to enter upon the portion that the 28/ found for the plaintiff should be deducted from the judgment. MOPSAY V. COLEMAN. The defendant was surety to a charter party for a mer chant named Gillis, who freighted a ship, the Asia, be longing to the plaintiff, to the East In the charter party it wa , covenanted that Gillisshould insure the ship , &positing the policy with pl a i nt iff , an d repa i r a ll damages of the voyage out and borne. O u the voyage home, the Asia received some damage in Table Bay, the estimated amount of which, upon her return to London, was paid to plaintiff, under the policy. In the subsequent progress of the repairs, it was found that the F bip 71v , an rotten in her timbers throughout, that situ: would nut be rendered era. worthy by the mere repair of t lie injury sustained in Table Bay, and that a complete rep a i r wou ld cost more than when repaired the would be worth. Th e r e pairs were ac cordingly abandoned, the vessel was broken up, and the materials were sold. The plaintiff brought his action to recover front the surety, the difference between the sum paid by the underwriters to the policy of insurance on ac count of the damage sustained on the voyage, and the estimated amount of that damage. The Jury found fcr the plaintiff 1,2001._ Mr. Sergeant CHANNELL now moved for a rulo to set aside the verdict, on the grounds, first, that the verdict was against evidence, the interruption of the repairs having been caused by the plaintiff himself; and secondly, that the damages were excessive. The COURT considered the case so novel and important as to deserve a re-consideration, and the rule nisi was granted. NEWBOLD v, Mr. Sergeant BomPA , obtained a rule nisi to compel ,he defendant, a solicitor, to deliver in a bill of costs, in order to be taxed, and to pay over the balance of monies belongin4 to plaintiff. The complaints of his client bore, upon the exparte statement, a grave appearance, it be ing alleged, amongst other things, that the defendant having received from Newbold the money (601.), to sa tisfy a judgment, instead of so applying the money put in bail, and ultimately allowed his client to be taken in execution. BAIL COURT . .DAY.) (Before Mr. Justice PATTESON.) THE MATTER OF TILE GLOUCESTER AND BIRMINGHAM RAILWAY COMPANY, Application was made to the Court this morning on behalf of the Gloucester and Birmingham Railway Com pany for an extension of the time fcr the purpose of making a return to a writ of mandamus, on the ground that Sir William Follett, who was engaged in this cause, was un avoidably absent. Mr. Justice PATTESON granted a further extension of the time for ten days. CRIMINAL INFORMATION. Mr. JAMES applied to the Court for a rule calling upon a gentleman, vvho.e name at the present stage of the pro ceedings wed not be mentioned, to show cause why a criminal information should not be Sled against him. He made this application at the suit of Mr. Dickinson, an at torney of the Court, and the facts of the case, as set forth in the affidavits, were as follow :—Mr. Dickenson and this gentleman both occupied chambers in the same set of buildings in Lincoln's-inn. Mr. Dickenson had occasion to be absent for about a year, and during that time the gentleman against whom this application was made was in the habit of receiving money on Mr. Dickenson's account. In August an application was made to him for the money that he had received on account of Mr. Dickenson. It appeared that Mr. Dickenson's clerk had been in the habit of occasionally receiving money • from the gentleman in qu,stion, and of handing over to him the money received at the oflice ; and in November last an account was handed in, by which it appeared that a balance of 21. 4s. 51d. was due to Mr. Dickenson, and the affidavit stated that on looking over the account Mr. Dickenson disco vered that there were various errors, and fictitious charges and overcharges in the account, and that there was really due to him a balance of upwards of 50/. The gentleman in question continued to receive money from the time the account was furnished up to the month of July last, and Mr. Dickerson, believing that he bad a large balance due to him, had repeatedly applied for a state ment of accounts, but without effect. On the 31st of August last, he received a letter, in the hand.. writing of the gentleman alluded to, to which he would hereafter refer, and which furnished the ground for the present application. In September last, Mr. Dickenson had requested his brother-in-law, Mr. G. Henley, to call upon the gentlemen, and ask him to come to a settlement, upon which the party applied to stated that he would fur nish no account whatever, and that unless all further claims, and a sum of 2001. be paid to him, he would ruin, annihilate, and utterly destroy Mr. Dickenson. Mr. Henley stated that en Saturday last the gentleman had called at his residence and asked for Mr. Dickenson, and stated that he would have immediate tatisfaction, and that he had frequently made use of threats, tending to provoke a breach of the peace. The letter alluded to was as follows: " Base and unprincipled Jas I have sometimes known you to be, whose career of perjury, gross immoral conduct, and many years' villainy, would make the most abandoned and black profligate I have ever known blush when placed at the side of yours, and this I deliberately assert." The letter then, after referring to other things, went on thus: .. You have dared a secret assassin-like attack," that attack he presumed to have allusion to pro ceedings threatened to recover the amount due from the party, " upon me, but thank God it failed; and in return under Divine Providence, I now hold, and intend to keep you tied hand and foot, upon the funeral pile,—the lighted torch and steel arc uplifted. Move not another muscle', and whilst I apply the former I bury the latter at once to the hilt in your already naked breast." lie therefore applied for a rule to show cause why a cri minal information should not be filed against this gentle man for the libel contained in the letter. Mr. Dickenson, in his affidavit, positively denied all the charges contained in the letter, and the gravamen of those charges was in creased, by the fact, that Mr. Dickenson was an attorney, and one of the officers of the Court. Mr. Justice PATTESON—Take a rule. sieenews V. THE EL3IIOI. OF DURHAM. This was a case tried before the Sheriff of Middlesex th a o mount due for sundry erticles of Bishop's T s h o e n ,a d ef e o b o o et defence was, wa s D o F h . a t ßu the t fl c o r r , s groceryr s e c c iol suppliedov o e l r , in g a t t Shrewsbury,it' oe articles could not be considered necessaries, and that they had been supplied contrary to the prohibition of Dr. But ler, Aesiir a rrhe n .. drde.Lj necessarieswuwEs•sAitbti ic h ui or Shrewsbury 1 t aat l r i pTe i p s Tfl k flo.,i uesr n ocd o aiN s i f s _ b . efl fools y c oT l ai g shar e tcua „ sssl tec,d,o n eet d apttkb f i o ieese r ceehp t ooc h nor e sl defendant. ver dict, as contrary to law and evidence. ti g , n oo o i The o 2 o s l i u d . p t s 4o :c if s o r l ye t u l t b ! o d f o ao y s s u n i si contrary to the direct prohibition of the master, they must take the consequences —Application refused. CLARKS V. MORRELL AND OTHERS. In this action, which was tried at Guildford before Lord Abinger, the plaintiff, Dr. Clarke, Professor of Chemistry in the University of Abereeen, obtained a verdict—damages 4541. IN., against the defendants, vitriol manufacturers, for breach of contract. The plaintiff was engaged for a term of five years to superintend the process of making vitriol in their manufactory for a certain remuneration, of which 4001. was to be paid upon the completion of the first vitriol chamber, (or oven) en Dr. Cla:le's improved plan, and under his superintendence. Mr. Sergeant Luneow this day moved for a rule to show cause why a nonsuit should not be entered on the ground that the declaration did not set forth the condition s of the contract sufficiently for issue to be joined, inasmuch as it did not State that Dr. Clark conditioned to give his whole attention to the works of the defendants for six weeks in each year, and to confine the benefit of his dis coveries in the making o f oil of vitriol exclusively to their advantage for the stipulated term of fi . , -ye years, By that omission the' defendants were precluded from proving that they had not had hi these respects the advantages co venanted for in the contract. L i t did not appear in the Learned Sergeant's argument le what way the diffe rences between the parties arose.] The_ declaration, to b e per fect, should have set fort h that he had given the whol e time required to the works , and had not com municated his . secret to other m anufacturers. The COURT were of opinion that no condition of which it was imperative o b n co the plaintiff, the ful filment on his part, hadthe nomitted from the recital of the agreement in declaration, Jr -• was there set forth that the agreement was made up on certain re cited conditions "amongst others," th ese words compre hending sufficiently the matters alleged to be defective. The introduction o f the two separate agreements of the • attention, and the exclusive • Doctor's entire a communica tion material t tion of his secret—were ngrounds l', 0 the defendants' answers, but were ratheroiff 'r a cross -action by contract i them against the plai t h Jett .n these respects to t e.---leule refused. had not been fulfilled . , ONWHIN V. LEAPER. . action for money had and r eceived, in 1 This was an a received, in obtained a verdict ' which the plaintiff at Guildhall, i in 50/., before the Lord Chief Justice, ~,,_ Michaelmas, 183 9 . .11e plaintiff had commenced an defendant from a certain action to eject the called e a t Cogshall, Essex ; and h holdinga " Chaseway, the pleint'ff t t defendant having ascertained that Act. i had committed an offence against the Turnpike his own whereby he was liable ing hired horse and cart to do to penalties, in hav roads of which work upon the . of he was a trustee, ice an action to be served him w i t h net the Act brought by him informer under Act infringed. To prevent (Leaprr) as atened, Onvvh el the action thus thre , e consented to aban on his action of ejectn..r t,to and to release the defendant 501. for his costs in that "6°1 % to the t him in respect to the Chaseway, except s u S:c. It waseservation of a right of way to himself, heirs, circumstances the present action was paid under those brought. me molud to set ' Mr. THESIGER n- aside the verdict, on plaintiff the grounds that as the de ite and defendant were in part delicto, as reer_. .. compromise of the misde meanour against tic d Act, la as there was der that no action commence under Act, there was no co ercion, and further, that yn was shown to have little confidence in his "r' right in the , action of ej ectment , an d to apprehend that be would h in the event to pay Leaper's costs. see__eeeeereeeeuaeseeee.._______ EXCHEQUER OC URT-THIS DAY. tried befor e L or d Abi ngcr at t he • . - cutusTr V. TANCRED, FINLAY, AND OTHERS. Mr. etiourEtt m oved for a rul e n i s i f or a new tr i a l i n thiscase, sittings in whichL O it d 's o a n s after last term, when a verdict was found for the plaintiff, damages 105/, From the state ment a tho Lear ned Counsel it appeared that the defend i ants were Directors of the Trades' Union Bank, and in June, 1838, they entered into an agreement to rent a house of the plaintiff, for the purposes of the bank, for one year certain ; and in the memorandum of agreement, the parties, if within one month of the expiration of the tcnantcy they applied for a lease, it was to be granted. In the meantime Tancred left the t.ireetion in January 1839, and Finlay in March. After the 2411 of May th e solicitor for the bank applied to plaintiff's solicitor to know whether 111 r. Christy would have any objection to allow them to hold the premises for another year. After some time he said he would, but the parties then said the answer had been delayed so long, that they bad almost concluded an agreement for other premises, but they would have no objection to take them for one quarter; and the solicitor, on making the application, said there were new Directors, and i:herefere the names in the agreement autst be altered. Nothing was a:i , l, and they held the prcuti3es till the Sep tember of 1839, for which use and cccupation the plaintiff sued, not the peroona actually in possession for the i quar ter, but those persons whose names appeared n the original agreement. lie contended that the agreement being for one year certain, actually terminated on the 24th June, 1839, and that the further possession was under the between the plaintiff and the ne7; Directors. The COURT were unsiihnou.:4 of opinion that the o'ore tion was invalid. The poEsession from June to September v. - a: a mere holding over. The negotiation went for no thing, because the landlord did not enter into any new agreement, but merely said he would sec about it.—Rule refused. PEACE Olt WAR,-MEETING AT MANCHESTER. (BY EXPRESS.) On Wednesday evening (last night) a most important meeting was held in Manchester, the object of which was to give expression to public opinion on the now existiug state of this country, and its relations with France. The meeting was called by the following advertisement, which appeared in all the Manchester papers of the pre ceding Saturday :—" We, the undersigned, respectfully invite a public meeting of the friends of peace, to be held in the Town hall, King-street, on Wednesday next, the 4th of November, at six o'clock in the evening, for the purpose of giving expression to an opinion favourable to the preservation of peace at the present crisis." Then follow the names of upwards of sixty gentlemen of diffe , rent shades and degrees of politics and opinions, including Whig, Tory, and Radical. By six o'clock the large room was well filled with a very respectable auditory, amengst whom there were a rarge number of workinr , men. David Ainsworth, Esq., the newly elected Boroughreeve, having led to toe chair, he brietry opened the proceedings. Over the Chairman was placed, in very large characters, a , tatistical table, in which was enumerated the number of lives lost in British werfare since the year 1688. This t tble also gave the price of bread at each period, likewise the amount of the national debt. From this table it appeared that the total number of human beings sacrificed by these united wars amounted to the enormous number of upwards of 4,000,000. The CnaIRMAN said he had, in common with his fellow officers, agreed to grant the use of that room, and occupy the chair on that occasion, on the express condition that all party politics should be avoided, both by the speakers and the wording of the resolutions that would be brought ' under consideration. He was, therefore, anxious that these conditions should be strictly complied with, and that the proceedings would go off with unanimity. Mr. BENJAMIN PEARSON, a member of the Society of Friends moved the first resolution : " That this meeting is strongly impressed with the manifold blessings enjoyed by the nations of Europe, through the long prevalence of general peace; during which the prejudices and antipathies engendered by former wars have been materially softened by friendly intercom se, and the people of this and other countries have found lei sure for achieving triumphs in the arts of peace, Of far greater importance to the true and lasting glory of man kind than the perishable glories of war." There could not, he believed, be but one opinion upon the resolution and the object it was intended to effect.-- (Hear.) The blessings which this country had de rived from a long peace were so manifest to all, that it did not need -the force of eloquence to convince the people of this country of the absolute necessity of con tinuing it. It was, indeed, delightful to observe the im mense benefits which had been derived from a long peace, and he hoped the people of this country, as well as the people of France, would unite in one bond to preserve a peace which conferred so many benefits upon them bath.—(Hear, hear.) War was in itself so terrific, and so opposed to the religion of Christ, that he could not conceive what class of Christians could either sanction or countenance such devastating practicer. He feered there were still some parties who believed they would be bene fited by a war between this country and France, but he was perfectly satisfied that no one would be benefited by it, and it was the object of that meeting to show the world that the whole human race would be benefited by the maintenance of peace. Mr. ISAAC CRUDSON, also a member of the Friends' So ciety, seconded the resolution which was about to be put to the meeting, when an operative named Curran made an attempt to divide the meeting by moving an amendment. Curran addressed the meeting for some time in support of his motion, which was afterwards seconded by another Chartist in a speech of great length. The Chairman, however, refused to put the amendment, and the original motion was carried. RICHARD COBDEN, Esq., moved the adoption of the se cond resolution : " That this meeting would deplore as one of the greatest calamities that could befal mankind a rupture of the friendly relations which hare for a quarter of a century existed be tween France and England, with so much advantage to the interests of both nations, and of the civilized world. Convinced t that if the feelings and wishes of the people of th e two countries be consulted. as they ought to he, they will equally revolt at the unchristian attempt to involve them in th.,, , rirnt-s and horrors of war, this meeting calls upon their fellow-countrymen to co-operate with them in Offering such an expression of opinion as shall be favourable to the preservation of peace at the present crisis." Ile ( Mr. Cobden) was sorry that any difference of opi nion should exist upon this question, for it was a ques tion that materially effected every person, whether rich or pool ; he hoped, however, that the resolution which he had the pleasure to propose to them would meet their entire concurrence. On the subject of peace and war Mr. Cobden observed that it was the policy of all good government to discountenance war in every shape. Thus the democratic Government of America preserve peace with all the nations of the earth, and what has been the consequence, why, that while our trade has been diminishing their's have been daily increasing. That Go vernment have wisely kept up a good understanding with the whole world while England has la,en continually em broiled in warfare, whether it may have been in Spain, Egypt or China, and the consequence was, as he before stated, her trade has gone down, whilst that of America has advanced at least 25 per cent. This fact he thought was a lessor, for Englishmen, which he hoped they would take, and unite their efforts to promote peace with all the nations of the earth. The Rev. Mr. M‘Kannow, minister of the Scotch Church, seconded the resolution in a speech of consider able warmth, in the caurse of which he pointed out the un-Christian and un- Scriptural practices of warfare. The iesoultion was supported by a Mr. Caairrirra., after which another attempt was made by the Char tists to move an amendment, but on tic Chairman promising to grant them the use of the room after the business of the meeting had been gone thr o u g h, they withdrew further opposition, and the busi ness was proceeded with. The resolution was then put and carried. J. B. SMITH, Esq., President of the Manchester Cham ber of Commerce proposed the next resolution : That at the present juncture reserve and apathy would a culpable neglect of duty, and therefore this meet ing agrees to the following address to the French nation, confident that it will be accepted by a great end generous people in that spirit of frankness in which it has ori ginated : 'Fne Address of the inhabitants of Manchester. friends of peace, assembled in public meeiing, to the French nation. Friends aad Allies—Ten years ago, upon the occasion of a portentous crisis in your hisiory, the inhabitants of Manchester deputed a body of their citizens to convey their sympathies to the inhabitants of Paris. Since that time, has anything occurred to lessen our solicitude for the wel fare of your great nation ? On the contrary, every suc ceeding year has taught us to value more dearly a friend ship which, we believe, affords t he best guarantee fur the peace of Europe. \Ve should deplore as one of the greatest calamities that could befal mankind, any interruption of the amity which has now for a quarter of a century existed between us, and with so much advantage to the interests of both nations. We trust that these views arc shared by the great body of the French people, who will unite with us in considering as the enemies of the human race all those who may endeavour to involve the two countries in the crimes and horrors of war. Frenchmen—The prowess of your nation is established by the common consent of mankind. Fame has placed your people in the highest rank for bravery and fortitude. If military renown were worthy of a nation's ambition, your fathers have left you nothing to gain in the pursuit of martial glory. To every generation is afforded a field of greatness—ours is the age of improvement. Signalise your selves, then, in the arts of peace, they are infinitely mote beneficial than the arts of war, and to excel in them is far more glorious. To subject nations to the permanent in fluence of your beautiful language, your science and phi. losophy, would be achieving far nobler and more lasting triumphs than arc to be found amongst the perishable tro phies of war. Friends and Allies—We are the advocates of a perfect freedom of commerce between all the nations of the world, and believe that war or conquests ran confer no benefit upon any people. We call on you then to unite with us in the use of every honourable means to pre serve peace and friendship between France and England, upon w hose alliance so greatly depends not only the peace and improvement of Europe, but the liberty and happi ness of the whole family of man. C. J. DYER, Esq., seconded the adoption of the ad dress amidst much interruption, after is loch it was put to the meeting and carried. JOHN BRooKS, EN., late boroughgreeve of Manchestr. moved a vote of thanks to t he boroughgreevc and constable for granting the use of the room, and to the boroughgreeve for presiding, and the business of the meeting terminated. The business of the meeting thus ended, the Chartists were left in the uninterrupted possession of the room, The whereupon J sse p h Linney was c alled on to preside. meeting was then addressed by Messrs. Sillman, Camp bell, Carty, Curran, Warren, and several others, ande th following resolutions unanimously passed : " Ist. That in the opinion of this meeting, the present condition of the working classes of great Britain and Ire.. land demands the most serious attention of rev h who wish to see the Pvaacc, happiness, and prosperity of our common country permanently establishes both at home and abroad ; and this meeting cannot refrain from expressing its decided conviction (founded upon past experience) t hat nothing can produce so desirable a state of improve. LICHFIELD V. BAKER. This case came before :he Court upon appeal from the decision of the blaster of the Rolls, refusing to charge the widow of the testator with certain dividends of some long annuities, which she had been permitted to receive for a long time. The Loan CHANCELLOR d;reeted a reference to the Alas ter, to ascertain what amount the widow had received. ROLLS' COURT.-(THIS DAY,) The MASTER of the ROLLS was occupisd the whole morning with petitions, none of which possessed tho least feature of interest. VICE-CHANCERY.--(THIS DAY.) MADDEFORD V. AUSTWICK. The Court was occupied the whole of the morning with the further arguments upon this motion, which has now been before the Court three days. The case was no: con cluded when we went to press. QUEEN'S BENCH-(THIS DAY.) (In Baoco.) THE QUEEN V. RICHARD DUNN. The ATTORNEY GENERAL appeared this morning to show cause against the application of the defendant. He said he felt a little difficulty in addressing their Lordships on the present occasion. It was a reproach to the law that persons seeking protection, like Miss Coutts Burdett, should be forced to resort to proceedings like the present. It was with extreme reluctance that she appeared before the Magistrates at Sessions that morning, in order that she might not be exposed to further annoyance from Mr. Dunn, Her sole object was to enjoy the rights and privi leges anis .riinutii , ies of a British subject. He hoped their Lordships would come to the same conclusion as Mr. Justice Bosanquet, who was of opinion that there was no grounds for the present application. It would be for their Lordships to say whether there were any grounds for the exhibition of the articles in the present case. What Mr. Dunn undertook to do was, the articles of the peace being returned by certiorari, to show that the Court of Quarter Sessions had no jurisdiction—that the order of the Court was illegal and a nullity—that no respect ought to be paid to it—and that he bad been illegally committed. That was the shape the case now took before their Lord ships. He, however, contended that these articles in no degree showed that the Court bad no jurisdiction ; but, OH lb. contrary, that it had; and if that were so, then he subnitted that their Lordships could not revise the judg ment of the Court below. No doubt had ever been enter. tamed of the power of the Crown to grant such a jurisdic tion to the Court of Quarter Sessions, and no one could deny that it was most useful, beneficial, and necessary. In that country happily they had nollettres de cachet, or any irresponsible authority by which a man might be deprived of his liberty without an opportunity being afforded him of ascertaining the nature of his offence ; and it was ad mitted on all hands that the power vested in the hands of the Magistrates of compelling parties to enter into recog nizances had a tendency to prevent the commission of crime. He admitted that before a person was called on to enter into his recognizances the party applying must swear that he is in fear of bodily harm. That might depend upon the sex of the party, upon her age, her condition in life, and her footing with the party concerned—whether he was a stranger, and whether his intercourse had been avoided and shunned; all these would require due consideration. The Magistrates having exercised their discretion on al! the facts of the case, directed recognizances to be entered into, and, having so decided, he submitted that the Court could not at all impugn what the Magistrates had done. He had looked over the authorities on the subject, and he could find no instance in which a party had been so discharged out of custody. If Mr. Dunn was entitled to be dis charged, it seemed to him that he could bring an action not only against Miss Coutts Burdett, but against the Magistrates before whom the articles had been exhibited. He would now come to the complaint of the lady whose name had been unfortunately dragged before the public. She swore that she was in bodily fear—that she has no improper motive in making the application, but that she is in daily fear that some act of violence will be committed against her, and that the said Richard Dunn will do her some bodily hurt. The Magistrates at the Quarter Ses sions believed h r statement and granted the articles, and he contended that the Court of Queen's Bench could not now review their judgment or reverse their decision. The Learned Counsel then referred at some length to the depo sitions of Miss Burdett and the other persons concerned, and concluding by observing that it was clear no leniency on the part of Miss Coutts Burdett or her friends would induce Mr. Dunn to desist from his outrageous conduct, and he humbly submitted that, under all the circumstances, there was no ground whatever for entertaining the present application. Mr. BODKIN followed on the same side. The COURT said the case was one of very great import ance, and they felt they would not be doing justice to it if they did not give it the most deliberate consideration. They would therefore defer their judgment till Monday. LIBEL.—HEARNE V. STOWELL, CLERK. This was an action which was tried at the last Assizes at Liverpool, before Mr. Baron Rolfe, and in which a verdict had been returned for the plaintiff. Mr. CRESSWELL moved for a rule to show cause why the verdict should not be set aside, and a new trial granted on the ground of misdirection of the Learned Judge. The action had been brought by a Roman Catholic clergyman against a clergy man of the Church of England. It appeared that, daring the course of last year, a public meeting had been held at Manchester for the purpose of petitioning Parliament against any further grant to the College of Maynooth. At this meeting the defendant, the Rev. Hugh Stowell, presided, and, in the course of his speech, he read the paper which formed the subject of the action. It purported to be the statement of i three police men, which had been placed n his hands, who stated they were ready to come forward to testify the truth of what they had then stated. (The Learned Counsel here read the document which related to a penance said to have been 'imposed on a person named Hare, by the plaintiff, and which must be in the recollec tion of our readers.) Now, if Mr. Stowell stated in words what had been written in that paper, it was clear that no action would lie from slander, and on the second count there was a verdict for the defendant. Now, tech nically, they bad a right to call this paper a libel, although no action would lie on it, as for slander. But he contended at the trial, that these passages exhibited no intention to attack any individual ; that they were merely intended to illus trate the doctrines of the Romish Church, that they cast no moral or legal imputation on the plaintiff, and that a verdict ought to be given for the defend ant ore the general issue, on the ground that it was no libel, that it contained no attack on Hearn. In his summing up the Learned Judge told the Jury that the law of the defendant's Counsel was bad from beginning to end, that the publication was a libel, and that the only question was one of damages. Ile might have perhaps added at the conclusion of the summing up, that if the Jury agreed with him they would find for the plaintiff. Now he (Mr. Cresswell) contended that malice was a necessary ingredient of libel, and although the law would, prima facie, presume malice, yet if the circum stances of the ease went to show that there was no malice, that ought to be left to the Jury. Lord DENMA N sa id th a t tile question as to whether the circumstances of the case were such as to show that there was no malice, and the question as to whether tile publicaa !ion amounted to a libel were perfectly distinct, a n d that if the last question had be e n left t o the jury, he saw no ground for granting the rule, lie would sec Mr. Baron Rolfe egCnritotEuhsnesiutalb,ii,anctetttiiheen alleged applied libelfor a c n a n r t r a e i s n t e d o f i j io ud in g i m pu e t n a t : o ti n o l\ i s i thr a e. t. all on Mr. Hearne The declaration in the cause having been read, The COURT granted the vppl.cation. COMnON PLEAS.-(THIS DAY.) BRADLEY V CARR AND OTHERS This was an action cf trespass tried before Mr. Baron Rolfe, a Lancaster, in the last assizes. The ground of action was that the defendants wrongly took in execution, under a judgment of the Court Baron of Wappen of Stain_ cliff, i►► the county of York (of which the Duke of Devon_ shire is Lord of the I\larior), a cow, the property of the plaintiff, Sarah Bradley, widow, they supposing it to he the property of her son, against whom the judgment of the Court Baron was directed. The defendant Carr pleaded first not guilty, and for the three defendants it was ftirther pleaded that the cow was the property of the son, John Br►dley,nct of the plaintiff, The verdict was for the plantiff. Mr. Sergeant TALI' OURD now moved for a rule 'ro enter a nonsuit as to Carr, on the ground that this defendant ••4., •• being the steward of the Court 13aron, was a EV ENING EDITION. ment, and permanently secure the elements of peace and prosperity in this empire until the People's Charter be comes the law of the land, and therefore embodying in the British Constitution all classes of her Majesty's subjects. "2d. That in the opinion of this meeting the law of im pressment and b a ll o ti ng f or Militia is adespotism, and ought not to be resorted to by any Government with out the sanction of the s hole people chosen by Universal Suffrage and Vote by Ballot. "3d. That in the ()pinion of this meeting, no Government has a right to declare war against any nation without the consent of the people who have to pay the necessary ex penses attendant upon such unnatural proceedings, and it therefore becomes an imperative duty incumbent upon this meeting to enter its protest against any war between this and any other country; without the consent of the nation, obtained upon the just principles of Universal Suffrage." CAPTAIN REYNOLDS-(MEETING THIS DAY.) The adjourned meeting of the friends of Captain Rey nolds took place this day at the British Coffee-house, Coelaspur-street. At one o'clock, the hour fixed for com mencing the proceedines, there were comparatively few persons present. At half past one some impatience hav ing been manifested by those assembled, who did not amount to more than one hundred, Mr. Ilewere came forward and said that they had been some time waiting for a Chairman, and as he had not made his appearance, he proposed that they should commence business, and he should therefore move that Mr. Hine, who presided on the former occasion, do take the Chair. The motion having been seconded, was carried unanimously. The CHAIIINIAN said some of them must be aware that the present was an adjourned meeting from Tuesday last. That meeting had been called by a few friends of justice and independence, and, as had been well remarked, totally independent of Captain Reynolds. After same discussion the meeting resolved upon adjourning for the purpose of appointing a Committee to prepare resolutions. tic had been unfortunately placed in the chair on the former occa sion, but had served the public to the best of his ability, as Le should do on the present occasion.—( Hear, hear.) A Committee had been appointed, who had drawn up some resolutions, and the minutes of their proceedings would be now read to them by the gentleman on his right. Mr. HUGGETT said the Committee had thought proper to introduce their resolutions by a short report, which he should now read to them : " At a numerous and most respectable meeting called g ther by advertisement, and held in this room on Tues day last, for the purpose of marking our sense as English m of ono of the grossest cases of oppression which ever carne before the public, Mr. Hine in the chair, In conse quence of a want of previous communication,it was resolved unanimously to appoint a Committee to prepare a series of te olutious on the subject, and to adjourn until this day. A Committee aas accordingly appointed, and your Com n i . tee proceed. d without delay to take the necessary steps, a. d to embody your expressed intentions arid feelings in acme resolutions which they will have the honour to submit to you for consideration. At the same time, your Committee beg, whilst they invite the freest discussion, most strongly to deprecate any intemperance of language, which can only tend to defeat our common aim, and to mar the object for which this meeting was convened. They feel it necessary to advert to Captain Reynolds' letter, which they submit to be nothing more than what was to expected from a high-minded and honourable man,who feels that a mere sum of money can afford no compensation for feelings most wantonly wounded, or an attempted slur on his honour. It is not, however, the question before us what Captain Reynolds may feel personally on the subject, but how, involving as it does the honour and welfare of the B Asit army, and, consequently, the country at large, a re currence of such instances of oppression and tyranny may be prevented." I will now proceed to read the resolutions, and the Chairman will put them severally to the meeting. Prorosed and seconded in the usual manner. The CHAIRMAN said such was the state of the business at present. It had been said that the letter of Captain Rey nolds had obviated the necessity of any meeting, but if Captain Reynolds was fortunate enough to need no remu neration for the loss of his 6,00e1 , and fifteen years of his best blood and energies, that might not be the case with future Captain Reynoldses, as it had not been the case with former Captain Reynoldses, for no one would deny that many high-minded and honourable individuals had been turned out of the army who had not Captain Reynolds' friends, and who, consequently, sunk into obli vion. If by the tone of their proceedings they could make an impression upon the higher powers and the Horse Guards, they should then, independently of Capt. Rey nolds, dos great good to the public and the military service. Some of the public press had done themselves immortal and eternal honour by the expositions they bad made of these acts of injustice.--(Cheers,) He was sorry to say that men were too cold in putting down injustice. John Bull required some goading before he put his horns into full play.—(Cheers.) He had been rather too cold in the present instance.—( Continued cheering.) The rules of the British army, as they at present existed, were calcu lated to curdle the blood of Englishmen. Look at the case of Captain Reynolds; he was a man wko had been fifteen years in the service of his country, and how had he been treated ? Why he had been cashiered from the army through the instrumentality of a sprig of aristocracy who had only been six years in the service.—( Cheers.) It was against such a system that Englishmen ought to stir themselves. Such was the sys te n in the 1 I th, and all regiments in the country. ( Cheers.) Why, he would ask, should men like Captain Reynolds be circumvented by those who had never seen a shot fired or a sword drawn except at a tea table?— (Cheers) Captain Reynolds might have had a wife and family to support, without fortune, and what then would have been his case? Why, every prospect of his life would have been blasted. The present was not the case of Captain Reynolds but that of the people.—(Cheers.) A letter had appeared at which he was not a., little surprised. He had no doubt ten or a dozen had bvca employed in concocting that let ter.—( Cheers.) lie would make -a that Lord Cardigan had had a hand in it.—(Cheers)—and that even Lord Hill himself had had a good lump in it.—(Con tinued cheering.) The fact was, they were endeavouring to smooth down the thing, because they found the public had taken up the subject so strongly.—(Cheers.) Every ! man who looked at the present question, must look at it as one of justice.—( Cheers.) The military were the servants of the public, and they had a right to expect value received for what they did for them.—( Loud cheers.) There never was a time when they were nearer a system of tyranny than at the present mcment; and what, he would ask, would become of them all if they had a few such officers as Lord Cardigan ? They were met this day to put the military service of the country on a footing of honour, and he trusted their efforts would have that effect. Mr. HEWITT proposed the first resolution. He seldom took part in political questions, but he thought there was something in individual hardship that appealed more powerfully than any political questions. He felt very strongly on this question. He had ever been the friend of the injured arid oppressed, and his voice would always be raised against injury and oppression. In ordinary cir cumstances questions of military discipline ought not to be interfered with by the public. But circumstances might arise which might render it absolutely necessary to break through the rule; and, in his opinion, the circumstances of Capta n Reynolds' case imperatively called upon the public to break through that which was a general rule, ar.d express the indignation at such oppression and injus tice which every one must naturally feel when hearing of such deeds. He believed that there never before had arisen any case which had raised such an universal storm cf indignation from Land's End to John o'Groat's, and when theyknew the difficulty of getting even six persons to think alike upon any proposition, the unanimity of the whole people of the three kingdoms proved that Captain Rey notes had been grossly and most tyranically used. Much had been said about Captain Reynolds in conjunction with the case, but he stood there on the broad principles of justice, and with the hope of preventing such gross injus tice in future. The whole proceedings, from the warrant down to the Memorandum of Lord Hill, which was read to the regiment, were of such a character as to prove that the proceedings were predeter mined to end as they did. Even the warrant constituting the Court was a peculiar one, and was evi dently drawn up for the purpose of screening Earl Cardi gan. Then look at the constitution of the Court. Not content with baring nearly nine-tenths of the Court Field-officers, but they were selected from the most aria tocratic regiments in the army. Then look at their pro ce,clings—tlicir ears were wide open to all aggravation of the offence, but they were hermetically closed to the provocation, which caused the offence, and they carried military law even into the witness box. They had laid down a maxim which they had drawn from the Code of Lans which obtained in the West Indies while slavery was rampant ; the trial was very nearly analogous to a trial of a slave, as it was clearly laid down no provocation, not even a violation of the finest feelings of our nature, could justify a slave in doing any thing, they were denied all rights ; and so the attempt was now made to bring down the officers of the British Army to the same position. Lord Hill said he was doing all for the good of the service, but he thought it was not for the service to make any inquiry into the conduct of any ou kingdom—it s w g_ commandingogrocuerrt..mßarutita,latdidallneovtemntese,t t % h v e iti m i atiXlennsalialeid down by' that e greatest ceive the s militaryncCi sanction t o h rt i h t e i i n l u t s i t ' r e i t c h o e u n l d o f n t e i t ie r in thepapers ton.—(" Hear, hear," and cheers.) . The Gentlemen then read the case which appeared few days ago , of a Court- Martial held in France ) That would prove that the doctrine advanced by Captain Reynolds' Court-martial was repudiated by the greatest military authority of the age. He would now merely ad vert to the last instance of Lord Hill's injustice, in his admonition to the 11th Hussars, as conveyed by Sir .1 Macdonald. That admonition showed that Lord Cardi gan had behaved in the most improper manner —that he had conducted himself with " want of temper and mode .. r a tion," although, up to the period of the Court martial, he had supported Lord Cardigan in ever} a ct of injustice arid oppression.— ( Hear, hear.) Wile had occasione d that change? Wh y the h i e n the ers meantime, ) Anothe r li g h t h a d donadulcittteldestorm of p u blic indignation which had, in th e i nter i m, burst also uon btrhoek eflorae o upon Guards.—(Cheers,) Lord d Hill w as to be regretted had not s d th a e w y ne e themselves v earlier, sel whicev' s . t which as it t e lls the etliccrs that they are gentlemen equally • l Lord Cardigan , so long as ge ntlemen, although previously to that time he allowed them to be treated like dogs. . —(Heer, hear.) He tells them that they are entitled to justice, , although Captain Reynolds had but a day or t wo with the grossest injustic e . e previously Hewitt) ouity been treated that unless justice was fairly administeredto all believe in the military service, f rom t h e hie hest t o the lowest, )ers the consequences would be most disastrous to the efficiency and independence of that branch of the public servic • —Cheers.) lie begged to apologize for having de tained them so longfirst Ue. and , begged to submit to them the solution. be d Mr. S TAFFORD secon d e d th e resolution. R was to regretted th a t C apta i n R eyno ld s had Liken the high ground he did, in not drawing a di s tinction as to t he subj ect-mat rrel and his ter of the c o mplaint between a private qua military duty.—(Hear, hear.) He fully concurred in th e sentiments contained in the resolution. The resolution, which expressed the regret of the meet ing at the decision of the recent Court-martial on Captain Reynolds, was then put and carried unanimously. Mr. ROBINSON, the banker of Croydon, moved the next resolution. Having expressed his sentiments rather fully on the former occasion, he should not detain them at any length. It was of great importance, however, that it should be clearly understood, that however highly they es timated the conduct or character of Capt. Re - ynolds, they knew nothing of him as a private individual. They were met to promote the cause of justice, independence, and honour, without regard to the feelings of any individual. The present was a cause in wlich England had ever stood foremost, and it was a cause in which she expected every roan would do his duty.— (Cheers.) Who, he would a,k, wou'cl fight the battles of the country abroad if they did not receive justice at home ? He would ven ture to predict, if such things as these were tolerated, the British army would become a disgrace to the country. Tyranny, as Pope had said, was " A monster of such frightful mien. That to he hated need kut to be SCCD."—(Cliecrs.) He would ask, was the course that had been adopted with respect to Captain Reynolds in coucerrnity with the law of E ng l an d cr th e dictates of justice.—( Cries 9f " No, no.") Then if it was not, they ought to present a petition to the Queen, praying- her to restore Captain Reynolds. —(Cheers.) Mr. Robinson concluded by moving the second resolution, which was to the effect that it :was the opinion of the meeting that the sentence of the late Court martial on Captain Reynolds was harsh, severe, and against common sense and law, and was not calculated to pre serve efficient discipline in the army.—( Cheers.) Mr. WALL said the Mutiny Act had nothing to do with the resolution, for it said that the quarreljwas a private one, and had nothing to do with military discipline. Ile had supported Somerville rgainat the oppression of his officers, and when an officer was treated with injustice he would mete out to him the same measure of public sym pathy.—The resolution was then carried unanimously. (The meeting was not concluded when we went to Press ) CAPTAIN REYNOLDS. TO THE EDITOR O 1• THE SUN: Sift,—l do not hesitate to declare—and in.the sen timent I know that 1 am joined by a majority of my countrymen—that the conduct of Captain Reynolds, in repelling the overtures of sympathy so generously ten. dercd by the public in his behalf, exhibits a specimen of the most pure and heartless ingratitude. To what, Sir, if not to the sympathy so promptly, energetically, and almost universally displayed by the public in his favour, will Captain Reynolds be indebted for re-instalment in bis command, in the event of the R9yal prerogative being exercised in his favour 7 And why, now that this public sympathy, this " vox populi," has done its work, and virtually at least, restored to him his commission—why should he now vilify the tribunal which has pronounced his acquittal, and affect to con demn and to repudiate the only agency which could indicate to the Queen the exercise of mercy in his case, and fortify her Majesty in the indulgence of that noblest of her prerogatives ? The very peculiar circumstances in the case of Cap tain Reynolds not only gave the public a legitimate right to interfere, but even rendered such a record of its opinion imperative and indispensable ; and the in capacity, or unwillingness, of Captain Reynolds to ap preciate and acknowledge the favour which has been conferred on himself and on the army generally, detracts not from the value and importance of such services. I am, Sir, your's very respectfully, AN UNENFRANCHISED CIVILIAN. Leamington, Nov. 4, 1840. TO THE EDITOR OF THE MORNING CHRONICLE. Sia,—A deep sensation has been created in this town in consequence of words which fell during the dying mo ments of the gallant Major Jerkins, of the 11th Hussars. Through the medium of your co:umns (and I trust it will be copied into others) it ought to be known that the late Major s illness was supposed to have been brought on by intense anxiety for the restoration (to the position in his regiment) of his brother in arms, Captain Reynolds. In his latter moments (when he knew the hopelessness of his situation) he was frequently heard to utter the words Poor Reynolds !" I know of nothing in language which speaks more than this, and I feel persuaded that the dying Major knew that he ought to be succeeded by his gallant companion in India, Captain Reynolds. This conviction, I have no doubt, arose from his persuasion of the'illegality of his sentence, solely from the Court refusing evidence in proof of gross provocation. That the deceased gallant Major's dying wishes may be realised is the prayer of al most every inhabitant of Brighton.—Yours, &c. Brighton, Nov. 3. BRIGHTONIENSIS. COURT CIRCULAR. WINDSOR, WEDNESDAY.—Her Majesty and Prince Albert walked out in the immediate vicinity of the Castle this afternoon. His Royal Highness Prince Ilbert, attended by Colonel Wyldc and Lord Alfred Paget, went this morning to the meet at Sandpit Gate, where a deer was started in the Great Park, and had a fair run. After the hunt, his Royal Highness returned to the Castle. The Countess of Erroll and Lady Ida Hay, and the i Hon. Miss Paget and the Hon. Miss Anson, drove out in a pony phaeton this morning. Viscount Melbourne and the Right Hon. F. T. .u-r)ar • ing arrived this afternoon at the Castle. The Earl of Erroll went to town this morning, and returned in the evening. Lord and Lady Kinnaird will have tho honour of 1 dining with her Majesty this evening. The Duke of Cambridge left town at seven o'clock yesterday morning for the Royal Military College at Sandhurst. A deputation from St. Paul's, Covent Garden, on the subject of the Window Tax, consisting of Messrs. Cooper, Spreck, and Moseley, churchwarden s ; M essrs . Jackson and Dosscter, overseers ; Mr. Clark, vestry clerk ; Messrs. Roche, Walker, Curren, Tapster, Bel shaw, and Fownes, had an interview with the Chancel lor of th© Exchequer yesterday, in Downing -street. A deputation, including Mr. George Grote, M.P., Mr. E. R. Rice, M.P., and Mr. G. F. Angus, had an interview with Lord John Russell yesterday at the Colonial-office. Majors Baker, Hughes, and Wade, and Captain Mordecai, all of the United States Army, embarked on the Ist instant for New York, in the British Queen. Mr. Baker was the bearer of despatches for his Go vernment from the United States Legation at London. His Excellency Henry A. Muhtenberg, Minister of the United States at Vienna, with Mrs. and Miss Mulitenlyrg and suite, left town yesterday, on their route to Bristol, from whence they embark, on Saturday, in the Great Western steamer for New York. Viscount Melbourne left town yesterday afternoon, on a visit to the Queen, at Windsor Castle. Sir Thomas Acland, Dr. Lushington, and Mr. W. M. Hutton, had interviews with Lord John Russell Yesterday, at the Colonial-office. The Chancellor of the Exchequer left town yesterday afternoon, on a visit to her Majesty, at Windsor Castle. Lord and Lady Henry Cholmondeley have arrived at Farrance's Hotel, Belgrave-street, from Southampton. Lord Adolphus Fitzclarenee entertained the Duke and Duchess of Beaufort and a select circle to dinner, last evening, at St. James's Palace. Lord and Lady Henry Cholmondelcy have ar rived at Farrance's Hotel, Belgravc-strcet, from South ampton. The Earl and Countess of Shelburne arrived at Mivart's Hotel, yesterday evening, from Bowood Park, Wilts, the scat of the :Marquis and Marchioness of Lans downe. Viscount and Viscountess Leveson arrived last evening from a visit to the Earl and Countess of Gran ville at Paris. His Lordship was the bearer of despatches to Viscount Palmerston from the British Embassy in that capital. Miss Romer is, we hear, to be Barnett's prima donna at the Prince's Theatre, the latter having agreed to open the season with an opera by Mr. Horner, which will be followed by another composed by John Bar nett, on an Irish subject. The principal vocalists will consist of Miss Homer, Miss A. Cooper, Miss Collett, Messrs. Frazer, Barker, Morley, and H. Phillips; leader and director of the band, Mr. John Loder, of Bath; chorus master, Mr. Hatton, the pianist. The house will be opened on the 23d inst. _ A musical festival will take place at Shrewsbury next week, under the direction of Mr. Bishop, on which occasion a new music hall will be opened. PHILHARMONIC.—At a general meeting of the Philharmonic Society, held on Monday, Mr. \V. Stern dale Bennett was elected a member, in the room of Mr. Dance, deceased. PREPARATION FOR THE RECEPTION OF THE REMAINS OF NAPOLEON.—The French steamer Tage has just arrived from St. Petersburgh at Havre. This steamer t carries eight magnificent horses from Copenhadgees ! I uniform iron grey colour. These horses arc . n s ti o ntt draw the funeral car on which the mortal rehrataai...oht Na poleon will be drawn from the Seine to the_ I lt _ lid GUY FAWKES.—An inquest was fou h r e I children of a yesterday at Cxtridge on the body of one of the . Mr. Nicholls, who was burned to death in a room where on on his elder brothers were making fireworks for use explosion explo Fawkes' day. About eleven o ' clock a a down the squint a alarmed the whole neighbourhoroadn,unanind en the house being entered it was found that wh i t: h e the p o sv'elar, and the whole spark had communicated deceased, who were dreadfully burned, who was burned all over. had exploded. All three but particularly themdoenedeaay. The other two children arc a de n a a ti r l r . ew escape of Deceased likely to r ec d o ie v d er o ,bu • a of the Lumber Troop last Verdict—Accidental the house being burned. resolution was moved, and finally adopted, for At a Special meetinb night, a pre senting an address to her Majesty, praying that steps be i e ty taken for restoring Captain Reynolds to his ' a l e : lit :l t standing in the army, upon the ground of the rank -ro-ciaition be had received, and also that the evidence of fered for the defence had not been taken into consideration. THE MARQUIS OF NORNIANBY.—The latest accounts of the Marquis of Normanby were, that he was going on very favourably. It appears that the illness of the Noble Marquis has not been so severe as represented in some of the newspapers. He sprained his hand, which caused a slight inflammation, but he was never considered in danger. He is at present unable to write. - r • ' er IC , , a 3Cef S of t 0 01 Ale :es . se' ite d trl no ne ° And she 4 of 0 4 'jog 1 9 Or pe t ' . Acre