The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1833-03-29 00:00:00

„ . ps so employed arc loaded baci, n the United Kingdom. S°l3/f ] flee, which is warehoused he'j le whole foreign produce of t w ' it be, at the option of its 0 loaded in the same manli er ' il nt, and despatched either to direct to continental Pa the proceeds remitted ia P 3 _, ;tured goods. Such has Ol' itural channel for this trade, . ur own colonies and possessl ;ess must also be exported 7; T. In this clause, an d io tll3O ;of the quantity of s hirPi 3 s t. Domingo; Cuba, Di an l' lltt ds is sufficient to load, a 5 ; 0 0 privileges to claim, or O r t o dependent governmen ts 0 10 Ds (Sincapore excepted) °PI? hands. This is agr asP i°s io lo' l •-, , Is with the "liberal pri l " 6l We can only claira tee for the goods exported, ,- tt to do the same. omingo, Cuba, and the 1 31 ' AO , corn, fish, and other col consume in addition to a payment receive their , which they of course car is with the mother eauattli on with Cuba and Manilla' tries that compete with 116.11 0 their own advantages, of 34 1 td we have ours, with whin : we do possess a large 6/11 :0 various quarters ; and I C O 0 1 tt is altogether inapplica ble e it it, or attempted to be purpose of deluding and I ' ) a practical knowledge of the 3e placed in the list, it be ivg rt, I am at a loss to conicctlll A clause I have noticed also foods, sent for British accoll .ve . already named, are rev"), ies, the greater part of which". rkets of the continent in am dy If •this is a fact, which I re is no evidence of it produce 4 ntion of it may be carried bY, only be owing to the incideoWil, h employment, or from the ` „i° ver which we can have no cu' ig i to carry such freight on bet- beg to inquire ho , .v it haPP" it o proportion of the cotton esV°. n is now carried by British $l l a competition with the shiPPAl wn ports ? I leave it to the r at discrepancy. rcourse with China forms coo°, ject has already been e xhall" !onsideration in Parliamen t ' Eait India Company's cbarte4 d of that trade being . t h r owe ° , Ting assertion, that a large ,e ow lying unemployed and 14 seen favoured with p ar ticuler ° ,, i I much doubt, and I theref(P;) standing A 1, are to be t the only class employed in the ich the petition refers. ing man will catch at a st ra " . o th the Brazilian suw importer; 1 :empt to place these shiporloo battle. Exaggeration in s ta te d ct ; it first destroys confidelltoi : and such must be the fate ° 1 44 1 planation being all that is as regards the shipowners, 'll ession their shipping may b e 5 $ quantity of tonnage createdel employment, which is un fort' l i branch of our trade and 11)° ,1 id demand increase, supply s'ir iry to know that the official te te neign ships that arrive in our to British, is diminishing , ‘` This ought to afford some ers.—Yours, &c. mvl o VISCOUNT SANDON, Att blic papers state, that, on the a petition to the House of C° 11 1 1 : t i rsons in Liverpool, praying t : he t i as might be repealed, or, in ° „( 1 ,mpetent to serve as Members) ardship spoke in support of this Vol en seen and known of Mr. P: 1/ 1 ,at he calls " liberal political I' se to any one acquainted wit i % t uch a measure. But, knoun 3 P' to o a, believing in the merits and a , pi , and a determined supporter (Pi' nd state, as by law establishAlo that you would appear as the a; 5 l A violate that constitution, an e i: a sect to become members o f a 'eint) rely Christian! And thus to islate on the vital interests of ,°,,, temies, their doctrines being, to tor, and to spurn him as a dog' s i eons, offensive, or more inju ri°° t , ievers in the Christian faith? ° apology be found for such a y ', )nably, but falsely, called l ib h : be our fate, the next step must "A vileges and powers to all other •5` infidels or idolators! self to believe that such can "" s' per report must be founded ill t you will embrace the first ope tt our sentiments in your place i ° , remove all doubt and uncertP: t from the minds of your ecoasti A CON.SERB4v 1 0 j —An eminent spirit-merchant,6ll, )f the Irish papers, that he has 'by , key on sale which was drunk .—TWENTY-SIX PERSONS 1) . .,. 8 4 ,. , narket boats belonging to I°l. llh 14 1 0/ I !, oceed to the other side of the e of the weather were shortly 91 tate that of the passengers, dap —Waterford Chronicle of rfuesi•- • LANCASTER ASSIZES. CROWN COURT, MONDAY, MARCH 25. Before Mr. JUSTICE ALDERSON. RATTER" SHIP. BUILDER S ' CONTRACT. Y AND ANOTHER v..GATES AND OTHERS.—This I,llawc,tion in trove; to recover possession of an unfinished eir. , . o nich, It was alleged, the defendants had improperly a ea li r their own use. Sir Gregory Lewin opened the Ti l ' e uT,.and Mr. Wrightman stated the case to the iury. Ils e t.s_p l .amiiffs were Messrs. James Battersby and William s e , A2ra, merchants, residing at Liverpool, and the defendants ng e o - ule , assignees of Mr. Brunton, a bankrupt, formerly carry ihati..l..!ausiness at Southwick, near Sunderland. It appeared 1 1 - 4 ,o_ l !ie month of June last the plaintiffs entered into a con ii,e„,..i.v.ith Mr. Brunton to build a vessel for them under the k r iT li c t iloti and superintendence of a person appointed by them,. P ie r pin of i 4,500, to be paid in five instalments, viz. £5OO Niothe s aill r ln d, £5OO, when timbered; £5OO when planked, v er , ei . ZoOU when decked, and the remainder £2BOO when the 'V s '4as completely finished, launched, and ready for sea. It , a 8 1 0 liam ith ';' specified in the contract that the ship was to be 'each • e g iti the month of April, and that on the payment of likiiiittalutent, Mr. Brunton should make a bill of sale to the thei r a ',P, so as to vest the property in them to the aninnnt of , ti t i, tb.,,,ances, value of the vessel proceeding about jar: passu i pik,,:!piyi”nt. The vessel was to be built on the Liverpool i , ` l 'a Mr. rhomas Bland, shipbuilder, went over toSunder odd dovvti th tie w or k f e plans and furnished . models, superintended l ' er son ( "woe tune and during his absence left another l'ists4 a '', his substitute: 'I he first stage of the work was com ' ille il b a oout the sth of August, and the first payment of £5OO 41 d C eea ' tn e doe. On the - Bth of August, Messrs. Battersby atatie°. remitted to Mr Brunton a bill of exchange for £l,yco, kiii4that it was to go iowards payment of the ship in question, t reatyA f or a smaller vessel for which they 'were likewise in : ee ded ~rxPressing a wish that the latter might not be pro ,,atils e - „`," , i iitiluating that in that case they might atter- Otildl i ,V, () „Y hini to build one of larger size, and that they il e kiAt - h' e ' v 'ag to compensate . . Mr. Brunton for any expenses iurlult o been put to with respect to the smaller vessel. ,„; 'ad b e „„ 4111 his reply, dated the 10th of August, stated, that . r ," l laide „Out to no expense with the smaller vessel,—that he 1 ,1 8 1 ) ,, i11 1. ,r 0 ; 4 . , t 1ae_t contract abandoned, and that he had placed to the credit of the new ship. The vessel s ki csoccordi44r7 Proceededwithp but before she was timbered, ) It a i ved ilse gi ll entiYh e the period for the second payment had . v `ed s.'..l` r • Brunt e on or becanae a bankrupt, and the ship was 4..atd1.6, -L u i the rest of the property in the bankrupt's building IliOtt i r t ne assignees u to give up possession. . In ~tsie ~°` the plaintiffs?' clam to recover, -Mr. Wightman cited f4itli it Posed in Barnewall and Alderson, vol. 0, p. 942, in fi til a,, , !t I,\''iatilletd that when a ship was built by special contract, 1 ,'4 h ,"'" ptriUctical paymentshad been made, the property, r`ny, r , a l- ,0,a0t of the instalments - made, became vested in the 4 dt7 lll °, Neil h ei 14 '8 1 11 ,,,. 8 on butts'sides, acknowledging the contract, the iii 'ltt i i .,7 4 -' O l and the bankruptcy, were then put in and read. 17 11 11 ,P w as subsequently made to show that Mr. Brunton It 4 t -e ceived a Wit n account of the ship, for I.:.18 55., but, .I r s u s e , a v ,.?„ (4 that I Mr o . B unton's receipt was not stamped, ook issibi e. ''siobje , sted . to its . ' production and it was declared in liewLishicaync.ation len made for the bankrupt's ati e s ef ,i_ . ,‘ , l9 in courtin_ or ' cler to rove the payment, but g_' tO N . 7 1, though the defendant's attorney had received eve ra f !-lace them. e • A witnesses were then called to prove the plaintiff's Lint 20tigst them was Mr. Thomas Bland who stated that 4 tiZ i ned the vessel last week. She was nearly three 74twas oered, and was worth as she sfood . about £940. 48 4 h er eh , full value. In his cross-examination he stated il'i t ees -ti l i fl not be moved from the yard without being taken d n ; .-- ;' )I r 13_. Howard, ship-builder, of Sunderland, who 4 ; 11 -111 1) 1. yed t superintend the building of thp vesel le, fo r r • Eland stated that she was now worth £935 Us. Ihe lir. C: Plaintiffs having closed— Tint'-,3;s,wEi for the defendant, contended that an action ,; 4, pot 1 . f r the recovery of an article which in its 4 fr"`" was incapable 'o of delivery, as this ship appeared Zat h ira the testim ny of the plaintiffs' own witnesses. A „ . 1i c l ua d indeed b u .n - made, but that demand could only be r laser;wiiii without pulling her to pieces, which the defend ,7l,l,l;,lot bound to do. The case cited by his learned i in 'aft - }, + ° b,e in which the vessel was very nearly completed, s"th °- `alOed her register, and it, therefore, could um, ip %els: Present questinn. He also submitted that according 1114L°1 bankruptcy, as declared in 6. Grso. IV. c. 16,. s. N e ° ,7,.,0f which a 'bankrupt was in the reputed possession e (if } ,-", : "P at the time of the• bankruptcy, became . the pro s. h a t- ,.' Qssio.nee •• for the equal benefit of the creditors. It o , law,. GZIINE ' Y intimated that he would reserve the i l ' tq a p ill i tt ru t: sivp.r, then called several persons in'the employ-of p pose of shewing that the vessel had t il Z4 l o th t f-'nt u i r ifs had paid on her account ; one of it - `ed that e she " had cost £ll5O 7s. 6d., another £110•2 i t i l 1, t, t11 11. ° 4 , GURNEY put the following questions to the . jury, lalik e r a tue of the vessel, and 2 . ndly, whether at the time of N e. ii s lt i e ) Y, the bankrupt was in the the reputed possession tilt a&e o r r no considerable deliberation declared the value I I '? ti i ,' and that Messrs. Battersby and Co. were the owners 1 1 ~I the bankrutcy. h.'°ftl l " s ' i P on this remarked that inasmuch as the declared shad e Property did not appear to have been paid, the as d`. still a li(Tit on it, and directed a verdict to be entered lettiants VESSEL RUN DOWN AT SEA. th, r '°w "NES AND OTHERS.—This was an action on the 140 11. 4 - ners of the Brig Sarah of Maryport, which was lt0 11 , (1 sunk at sea in August last by the sloop George r ; e n the defendants were' owners. It appeared from let iee e . e, that the accident happened in consequence of 44 144 twd mismanagement on board the George IV. 'The ler th e plaintiff. Damages LBl2. `geth ll- Esri IN v. TATE.—This was another action, be er 2rd tried 'be' before his Lordship this day, brought to ;110.1 ve mpeusaiion in damages for slanderous words 't(l, 4 nd conceiningthe th tater Perkin EsLin, e plaintiff in this case, is a t groce r and tea-dealer, in LiYerpool_; and the de 4st : i n the same line of business, also in Liverpool. In Preini;es in which the plaintiff Carried on his ,7e burned down, and in the Language of the learned we' r „'"o stated his case on this occasion, " before the to`phl," the defendant made use of expressions im fit Cie plaintiff the wicked, atrocious, and felonious ther, -v ing set tire to his own premises,—a charge, for kh, r was not the slightest pretence of foundation. ~;0 4 1„1 °I1 of an amicable arrangement being thrown out, t js , on of the opening statement of Counsel, it was lots VII up, and, after some consultation between the Att o .,"th , that' ll o 7-Creneral (Mr. Williams) said, he felt extremel'44y e Jury would not have the trouble of assessing ng of dama ges , and he was equally happy to say, on Po re 'ne defendant, that the character of the plaintiff ~q 1 444 411( stainless as ever, and that there was not...the Ni 4 , 4 ndati on for the report alluded to. was then taken, by consent, for the plaintiff— ,: ,it,;klk the Mr. Crompton were of Counsel for the , ' 4 1.1 -7 " tne Attorney-General (Mr. Williams) and Mr. F. .or the tb. defendant. 'II;I'NX y. ABERCROSIBII3.—In this case the plain -414' dliam Lynn, the proprietor of the Waterloo ) th e 1044 „ .defendant Mr. Charles Abercrombie, ship ollo LlVerpool vvith - Mr . ' Addison, appeared for the plaintiff, t. •g e ant Jones, with Mr. , Hall, and others, for the t'.'itt Irllg , ed w pat . in November last, a friend of the defendants, t h e W 3 waking along the streets with him, on their ;44 4 1 1r at Z!olo n H d o r ' e tel, , for the purpose of ordering a dinner t i l l wa asked whether 4 11 .4 embarrassed 17. t 4 e card such' S;: l iFiety. As . they went on Mr. companion had heard that circumstances. Ewing replied 0 4 , , 0114, _,.c.e p. Land eol.t was in general circulation, but O l r 't ei t h e g_" l ..• d, he believed it was not true De }\ r,l,_ r that he had heard from a credito . r o . f Mr. 0 h m m a friend who had heard it from a creditor, 'that ki 'ti t bs . c ompounded with his creditors, and paid twelve t a fttle el)° , l ll ," , t, s ) action f the part of the plaintiff, that he had not 'tillic4ttadiet o ) r ub th . e . purpose of procuring domains but ! et Inj u I liclv a statement calculated to'clo'him ! 1 to ry in his business, and an offer was made in 4 eccept mere nominal . damages, provided the t e otc e D d ia e i f n e e n ci daX would give a public denial of the tii,lll 9!a oLYr>r t TU E . x. SDAY. p • This was an action brought KQQ . cm Onperisation in damages, for the injury done to i h ( ertain words used the defendant to the pre rekoli„ aracter and credit. 64t,L,:!gs having been opened by Mr. JOHN ADDISON, 'Weill Stated the ease to tiro Jury. The plaintiff, he 11 ° 1 %n, probably to st in this county, as tho THE LIVERPOOL STANDARD. proprietor of the Waterloo Hotel, in Liverpool, and he had brought this action •to vindicate his character from slanderous reports which had got into circulation concerning him. He (Mr. Pollock) did not mean to say, that the Waterloo was the first hotel in this country, or even in this county, but every one who knew anything of Liverpool, would know that it was fre quented by persons of the most respectable situation in life, and it was, therefore, highly essential that it should be well under stood that he was not a fit and proper object of those slanderous expressions which had been used concerning his credit and his circumstances, and that they were utterly destitute of any foundation. In this country, where credit is wealth, it was of the highest importance that such slander should be cleared up, and with that view—of clearing his character—alone, it was that Mr. Lynn had brought the present action: It was to set himself right with the public, that he came before a jury. Mr. Lynn, who is one of the proprietors of the new race course near Liverpool, had embarked thousands and thousands of pounds in that speculation, which was likely to prove of great benefit to the town and ultimately no doubt would be produc tive of great profit and advantage to himself. In the autumn of last year, a report was spread, which obtained very general currency in Liverpool, not merely that the plaintiff was in in solvent circumstances, but that he had actually compromised with his creditors, au& some persons there were who had even had the hardihood to mention the precise sum which be had agreed to pay in the pound. It, therefore, became absolutely necessary,'when these rumours reached his ears, that Mr. Lynn should take some measures for the clearing of his character. He accordingly traced back a report of this description from • one to another of several person's until, at length, he reached an indiVidnal who having merely heard the circumstance casu ally mentioned, had embodied and given it substance. The defendant was the Librarian at the Lyceum, and there could nOt be found a more dangeroui person in the - dissemination of an injurious statement of the nature of .that of which Mr. Lynn had to complain, than him who sits, as it were, "at the receipt of custom," to deliver out books to those who were en titled to apply for them, and with whom almost every respecta ble person in Liverpool was acquainted. This was the injury of which . Mr. Lynn had to complain and for Which he came to ask reparation; and, even at that moment, if the defendant would, through his counsel, make a proper apology, he would be quite willing to take barely such damages as Mr. Lynn ought to have; but, if this offer were not accepted, he must go on with his case, and leave it with the jury to award such da mages as a contumacious slanderer ought to pay. Mr. James Radley, the proprietor of the Adeiphi Hotel, was then called, and he deposed that he called one day at the Li brary, and saw the defendant, who asked him if he bad heard anything of Lynn's affair? Witness laughed and said " oh, yes, it has all blown over; it has been a nine days' talk." The defendant said "but it is so." Witness was' very much con fused, as the plaintiff was one of the most intimate friends he had; and the defendant told him to walk round to his office and he would there tell him further. The defendant then said, it is not publicly known ; but. I know it; and it is so." This being asserted in very strong terms, witness cautioned him about what he was saving, upon which the defendant again repeated —" it is not not publicly known; but I know it ; the articles are drawn•up, and the creditors wanted 15s. in the pound, but Lynn quarrelled with the creditors,-because he would only pay 10s. in the pound." Witness again cautioned the defendant against repeating that statement, and pledged himself only to mention it to one person. By the JUDGE :—"Witness told the defendant he did not be lieve it; and afterwards, on the same day, told it to Mr. Stew art. By Mr. ADDISON,- in continuation:—There had.been a great many reports of the same tendency about for some time before; but perhaps witness, from being in the same line of business, might have heard more of them than other persons. He should 'think that it must have been known to almost every tradesman in Liverpool. Cross-examined by the Attorney-General (Mr. WILLIAMS) : —Witness has heard the matter in question spoken of by per sons higher in authority than tradesmen. He heard the Re corder of Liverpool mention it. ➢lr. Hadley's examination being concluded, after some con sultation between the counsel on both sides, it was agreed that a verdict should be taken for the plaintiff, with 40s. damages. The Attorney-General (Mr. WILLIAms), as counsel fur the defendant said he had no hesitation in stating that there was not the slightest foundation for the rumour respecting the plaintiff, the repeating of which had led to the present action; the de fendant wished as well to Mr. Lynn as any man could, and was perfectly ready to repeat what. lie (the :earned counsel) hau just now said. The learned JUDGE observed that the plaintiff had done him self good credit by the moderation with which he had . acted in the present instance. 'The verdict was then recorded in the terms agreed upon. MoottE v. WILKINSON.-The plaintiff in this action was the owner of a flat on the river , Mersey called the Hibernia, and the defendant 'was the Master of an American vessel trading to Liverpool called the Grecian; and the action was brought to recover the sum of £lO2 12s. for work and labour done. The Grecian was wrecked and sunk in Bootle Bay, in the month of October List; .and thirteen of the river flats were engaged for the purpose of raising her so that she might be removed into the docks. The Hibernia, belonging to the plaintiff, was one of the fiats so engaged, and the charge which he made for her hire was two guineas a day while actually employed, and one guinea a day while waiting in attendance upon the orders in charge of the Grecian. '1 his charge the defendant resisted on the ground that it was immoderate, and had paid into court the sum of EA 17s. in addition to a sum of £l6 previously paid to the plaintiff. on account, the receipt of which was admitted. Mr. COWLING, as counsel for the defendant, examined seve ral witnesses for the purpose of showing that the charge made by the plaintiff was excessive, and that the sum paid into court together with the amount previously paid was sufficient to cover any reasonable demand for the service rendered. The jury, aftera short consultation found for the defendant. stance of the objections, for, the most part, not being made until' some time after the juryman had taken his seat in the box, drew from the Judge a remark that this mode of objecting to indivi duals ldoked like an attempt to pack a jury, and that the more proper course would have been to have stated at once all theob j ections against the pannel. The defendant, who was in court, declared his perfect willing ness to have his case submitted to the decision of any jury. A jury having at length been sworn, Mr. SOHN ADDISON, in the absence of Mr. PoLLocx, who was engaged in the other court, stated the case for the prosecution. He said that thiS . prosecution had been instituted at the instance of the Vestry of the township of Mellor, whose characters, as well-as that of Mr. Brindle, the Governor of the Workhouse, at Mellor, had been attacked in the libel for the publication of which the defendant was now put upon his trial. There was no part of the publication complained of at all touching the conduct or character of the parties libelled, which was not utterly untrue, but they had been most anxious to afford the defendant an op portunity of proving the truth of the charges which he had ad vanced.ugainst them, if he could; and with that view the indict ment Itatbeen so framed as, iu one of its counts, to admit of evidence of that sort, whi!st, on the other hand, evidence could be produced to show that the woman who was stated, in the arti cle in question, to have experienced the grossest inhumanity, had been treated with the greatest cart and kindness, and in a manner every way suited to her condition at the time. Mr. Justice ALDERSON here interposed, for the purpose of re minding the learned counsel that, on an indictment for libel, howsoever framed, he could not admit any evidence as to either the truth or the fa:sehood of the alleged libel. Mr. ADDISON, in continuation, stated that the libel was in the form of a communication to the Editor of the Blackburn Gazette, dated April 24th, 1832. He then read the letter, not as pub lished, but in its original form. It commenced by assuming from the public character of the Editor, that he would insert au account of a case of cruelty committed against " a yoor pauper in the work-house, at Mellor, by . the Governor; anu stating that her complaints had been treated with contempt by the Over seers and the Vestry, whose hearts, as well as that of the Go vernor, appeared to him to be as hard.as iron. The writer then went on to state that a poor woman, named Ann Broughton, had been delivered of a child in the work-house at Mellor, and afterwards treated, by the Governor, with great inhumanity, the particulars of which the writer proposed to detail very cir cumstantially. It was signed "Argus." The Editor of the Blackburn Gazette, who knew the hand-writing to be that of the defendant, saw him on the subject, and after some communica don with him, and striking out the most offensive expressions, published his letter. • Mr. John Burrell, the proprietor and editor of the Blackburk Gazette, was then examined. He stated that on his asking the de fondant on what authority the charges contained in his lettter rested, the defendant told him. that the father of the woman had repeatedly applied to him to draw up a statement for publi cation in the newspapers; that he at first refused to do so, but afterwards finding that the statements were corroborated by other inmates of the work-house at the time, and that they were ,the subjdel of general conversation in Mellor, to which place he went for the purpose of making inquiry into the matter, defend ant said he considered it a duty which he owed to humanity and justice to make a public statement of what he belieVed to be the truth. Witness subsequently published the letter, after making certain alterations and corrections. • Mr. ALEXANDER was proceeding in a cross-examination of the witness for. the purpose of showing the grounds on which the defendant had written the letter charged as libellous, when he was stopped by His Lordship, who said that he could only receive evidence to show that the defendant, however mistaken, had acted with a real and bona fide good intention. Mr. ,ALEXANDER admitted that, in the existing state of the law, there could be no doubt that the publication in question must be pronounced a libel. Mr. Justice ALDERSON remarked, •to the jury, that it had been, very properly, conceded, in the reading of this paper, that it must be a libel, because it imputed crime to an inuiv dual, and the publication of an imputation of that nature was a libel in the eye of the law. The law declared that the publica tion of anything contumelious of a man's character was a libel. In the letter complained of, the defendant called this person a monster; and as there could be no doubt that the calling of a man a monster was contumelious of his character, this was cer• tainly a libel. His lordship concluded his observations, by di recting a verdict of guilty, which was accordingly acqui, seed in by the jury. Mr. ALEXANDER then proceeded to address the court, in mi tigation. Ile put in an affidavit sworn by the defendant, dated, Lancaster, March 26th, 1833, in which the deponent stated that he had written this letter, under the circumstances already men tioned, on the information of the woman herself, of her father, and of three paupers who were inmates of the workhouse at the time, and that, in so doing, he had acted solely from a sense of public duty, justice, and humanity. Certain parts of the affi davit, tending to show the defendant's conviction of the truth of thethe alleged libel, were struck out by the direction of the Judge. alleged also declared other affidavits which were tendered, from the lather of the woman, from the woman herself, and from three of the paupers, to be inadmissible, inasmuch as they spoke to alleged facts and were not confine d to the purpose of showing a real and bone fide good intention on the part of the defendant. His LORDSHIP then proceeded to.deliver his judgment, ob serving that the defendant had been, very properly, found guilty of having' published a criminal statement against a per son holding a situation in which the publication of such instate ment was calculated to bring hint into considerable hatred and. contempt, and to produce a very considerable effect in destroy ing the estimation which his .respectability and previous . good character might have obtained for his services, both with tlse persons who placed him - in that situation, and with those of whom he had the charge. There was little. doubt that the de fendant had been acting in the bone fide discharge of what he conceived to be his duty; but he should have been very careful lest, from. what he called humanity, in which he might be wholly. mistaken, he'took away the character of another person, without making proper investigation previously to sending forth such statements to the world. No man ought to be condemned before he' Had been heard. " The fault which you have com mitted," said his lordship, "was in making inquiries into the character of Mr. Brindle behind his back. You ought to have made hiimacquainted With the charge before you published it; you should have gone to Mr. Brindle, told him the circum stances, and investigated the matter, instead of taking the ac cusations of persons who might be interested in misrepresent ing it. It is essential to the purposes of justice that no man should be allowed to commit with impunity the fault which you have committed. You have been heard before you were con, demned,'aud you ought to have treated Mr. Brindle as I have been endeavouring to treat you. Persons in your situation of life often run away with a vague and wild idea of what they call humanity and justice, and rashly resort to publications in news papers, without considering that, by so doing, they destroy the characters of others. lam inclined to hope and. believe, that you were inclined to do what you did from honest though ini laken motives. Nevertheless you must be sensible that you have acted very wrong, and that you have not done that justice to your neighliour which you have yourself received. His lord ship concluded sentencing the defendant to pay a fine of £lO to the King; to be imprisoned until the fine should be paid; and to enter into security, himself in £5O, and two secu rities in £25 each, to keep the peace for twelve months. It is understood that Prince Lieven, the Russian ambassador, along with theYrincess and family, may shortly be expected to leave this country for St. Petersburgh, whither the Prince has been recalled by the Emperor Nicholas The Princess Lieven is appointed to the high and honourable office of prin cipal governess of the children of the imperial family. It is not believed - that the Prince will accept any other diplomatic ser vice. Disrritur PaoviDENT SACIETY.—We have great pleasure in calling the attention of our readers to the proceedings of the meeting held.on 'Wednesday, to establish a District Provident Society. Of;the merits of institutions of this kind, since, by the reports of that in Liverpool, they have been brought under our notice, we have always had the very highest opinion. They tend to improve the circumstances of the poor in the best way — by amending their habits; to increase their comforts by teach ing ;them virtues; and to soften their feelings by the kind and friendly intercourse of their superiors in worldly station. These are objects of pure benevolence. In our rich and flourishing community, there will not, we feel assured; be wanting the pecuniary means of forwarding them. Bttt the services of zea lous, persevering, judicious, and kind-hearted visitors, are to be appreciated more highly than pecuniary contributions; and we earnestly intreat those of our young friends, especially, who are sincerely desirous to do what in them lies, towards raising the general level of the social condition of the people, to unite themselves with this society, and to labour under its auspices. They may rely upon it that on time so spent they will be able,- under the most trying circumstances that can attend their after lives, to look back with well-founded satisfaction.—Manchester Guardian. OLD TimEs.—On the 4th of May, 1763, Mr. John Rice was executed at Tyburn for forgery, mid his effects being put up to auction in London, amongst them was publicly sold "one negro boy." Such was then the state of opinion respecting slavery, WEDNESDAY, BREACH OF CONTRACT.—STORKS V. WARING.—This was an action to recover the sum of £5B, the amount of a bill accepted and paid by the plaintiff; for which be received no consideration, and a further sum in damages, as a compensation for loss sustained by him through the non-fulfilment, by the defendant, of a contract entered into be tween them. Mr. RoscoE, in the absence of Mr. Pollock, stated the plaintiff's case to the jury, and from his opening, which was borne out by the evidence, it appeared that the plaintiff, William Storke, who is a but ton-mould manufacturer, residing at Leftwich, in Cheshire, in March 1823, bargained with the defendant, Mr. John Waring, hide merchant and dealer in bones, carrying on business in Argyle-street, Liverpool, for 20 tons of bones, suitable for his business, at £5 10s. per ton, for which he was to pay one half in cash and the remainder in a bill at two mouths. Half the quantity of bones agreed for was forwarded to the plaintiff immediately, but the defendant refused to deliver the other half until the bill, which was for £5B, became due and was paid. He then sent a quantity of bones as the other portion of the lot, but the plaintiff refused to receive them, alleging that they were not such as he had contracted for, and that they were wholly unserviceable for the purposes of his trade and only tit for manure. The difference which thus arose between them remained hitherto unsettled, and this action was brought, in consequence, to recover the amount of the bill in question and a compensation for the loss sustained by the plaintiff thiough the nonperformance of the contract. Mr. WIGHTMAN addres . sed the Jury . in defence, contending that there had been no breach of contract, inasmuch as the second portion of bones delivered was part of the lot selected for purchase by the plaintiff himself. This point he had endeavour to established, but ineffectually, in the cross-examination of the plaintiffis witnesses, but offered no evidence himself. The Jury, after a short consultation, found for the plaintiff—dama ges £2o, besides the amount of the bill: TRUBSHAW v. PRITCIIARD AND ANOTHER.—This was an action of assumed:, brought to recover a balance of £5B 153. Ild., alieed to be due to the plaintiff, for work and labour done by him for the defend- ants. The plaintiff is a civil engineer, and the defendants, Messrs. Prit chard and Hough, were the contractors for laying down the Wigan Branch Railway. Thelolaintiff was employed to superintend the works, from the 14th of February, 1831 , to the lOth July, 1832, a Pe riod of 17 months, at the end of which he was discharged. During the' term of his engagement, he had upwards of fifty men constantly em ployed under him, and, in the discharge of his duty, he was frequently on the road from three or four o'clock in the morning. No specific rate of salary for his services had been agreed upon, and he preferred a claim for payment at the rate of £2 10 per week. lle had received altogether £133 125., and the defendant had paid £3 .6s. into court, which, being at the rate of £2 2s. per week, they contended was an adequate remuneration for his labours , inasmuch as another person, the nephew of one of the defendants, who was also employed as a superintendent was paid at that rate, and the plaintiff himself, be fore he knew what he was to have, had expressed a hope that the de fendants would not give him less than that. Several witnesses were examined on both sides, and about the mid dle of the trial, his lordship having thrown out a suggestion that, as the only question at issue was the value of the plaintiff's services, the' time of the public might be saved and justice between the parties at tained by settling it out of court, the plaintiff's counsel immediately consented to a reference. To this mode of arrangement, however, the counsel for the defendants declined to accede. The cause, there fore, proceeded. . When his lordship had summed up, the jury inquired whether they could give £5 more than the plaintiff sought to recover, and on being answered in the negative, they immediatelyreturned a verdict for the plaintiff, for the amount of his claim. LIBEL.—THE KING T. DEW HURST.—This was an indictment preferred by the Overseers and Vestry of the township of Mel lor, against the defendant, for an article published by him in the Blackburn Gazette, which was charged as a libel of and concern ing Mr. John Brindle, Governor of the Workhouse at Mellor. Previous to the case being gone into, objections were made, on the part of the prosecution, to several of the jurymen in suc cession, who were, in consequence, desired to quit the box. The number of instances in which this took place, and the circum- LONDON LATEST NEWS. Wednesday Evening, Half-past Seven o'clock. • The state of the country—the imbecile movements of the ministriv . .• ) the important questions about. to be decided by this imbecility, have all contributed to cause great alarm among our fundholders, and the Consols for the Account have fallen to 8711; and for Money, to 871 f. The propositions of Government, respecting the East India question, have caused an extraordinary advance on India Stock, which, from 208 advanced yesterday to 223, and is this day 221. The Bonds have declined, the premium having fallen to 231 25. ' In our Foreign Market all the Northern Bonds arc heavy,. Belgian Stock has fallen to 881 ; Dutch to 4651; and Russian to 1021/. Spanish Stock continues an object of considerable speculation, and is at 201, but it has been done as high as 2111. Brazilian Bonds have been depressed, although the dividend is ad vanced for the Ist of "Apra. The price is 61i 62. The commercial a.dviees from Calcutta are to the 27th of November. Several sales of the ne;V crop of Indigo had taken place, at 140 per' maund for Kishnagut, and 120 for Tirhoot. The prices of Saltpetre were well supported,. and some shipments of sugar were going on for England, but the market was heavy. Silk piece goods met fair inquiry, and some sales of rice for London and Liverpool had been made. In European imports the market was dull. Piece goodspet little inquiry, and twist was quotedat last prices. Woollens were a shade higher, but still yielded unprofitable returns. In metals there was nothing doing. A good many foreign bills were in the market, drawn underletters of credit upon London, and some bad been sold at I Ili to I 111. Sales of about 2000 Government interest bills.had been made at I 10 per rupee. Freight to, London was £5 for dead weight, and £5 9s. to £6 for light weight. Bullion was i per Cent 4 The Freights to Liverpool were at the same rate. We find, by the accounts from Malta, that one of the advantages resulting from that Island being again in free pratique with Nilple.s and Sicily, was the revisit to that place of the Neopolitan steam ves sels. A voyage from Naples to Malta had been already adveitised by the Francisco Primo, a new vessel, of 120-horse power. Another voyage, of more extensive nature, would be undertaken in the Spring, which would comprehend an excursion to the principal islands of Greece, and the ports of Turkey. The Francisco Primo would leave Naples on the lOth of April, touching at Messina and 1. Catania, and will arrive at Malta about the 2lat. She would then • proceed to Corfu, Patras, Zante, Navarin; Nauplia, Spezio, Poros, Egina, Corinth, Port Leone, Zio, Smyrna, Mytilene, Tene dos, and Constantinople ; returning by the island of Mamora, Kon mali, the Gulph of Adramitti, Smyrna, Scio, Tinos, Poros, and Zante. The tour would occupy about three months. We learn, by the accounts from Odessa, that a company had been established there for opening a communication with Constantinople by steam. Three steam boats were building, two of which were to go to and fro between those ports, and the other was to be employed, in towing vessels to and from the Bosphorus. Ourlast accounts from Spain state, that it was fully expected that the Cortes will be convoked early in April. The two important pro jects of the recognition of the right of succession of the young prin cess, and of the independence of South America would be discussed with closed doors. It has been announced officially, by the authorities at Panama, that the postage of all foreign letters for the Pacific, or to individuals resident in the interior of Colombia must all be paid for, otherwise they will not be forwarded by the South American posts. IMPERIAL PARLIAMENT. HOUSE OF LORDS—WEDNESDAY. Mr. LAW Hot:inEs and other , members of the Commons brought up several private bills. A Noble Lord presented a petition fro m St ra tf or d- upon-Avon, praying for the better observance of the Sabbath, and another from Kidderminster against the present beer act. The Marquis of WoncEsTEEE presented a petition from Wor, cester, signed by the mayor and five hundred of the inhabitants, against the beer bill. The noble marquis entreated the house to make some alteration in that act, for those pests to tile coun try, the beer-Eh - Ts, were daily on the increase. They were not the othy nuisances . connected with th e a ct , f or t h ere was generally adjoining a skittle-ground, and c ar d- play i ng was allowed upon the premises. Two young men, who had lately been executed at Worcester, ascribed their wickedness to the great tempta dans of these Leer-shops. The sugar duties bill went through a committee. LAW AMENDMENT BILL. _ The report of the committee upon the above bill was brought up, and seveaal verbal amendments made by the LORD CHAN- C'LLI,Oft. The house then adjourned. HOUSE OF COMMONS--WEDNESDAY. The Speaker took the chair soon after twelve o'clock, and the House was occupied in receiving petitions until three, and among them Col. PERCEVA L presented a petition from the Protestants and Catholics of the town and neighbourhood of Elphin, in the coon tv of Roscommon, against the Irish Church Reform Bill. The petition was particularly pointed against the clause which went to remove the Protestant bishop from Eiphin. It also stated that the public charitable institutions in the neighbourhood were largely supported by the Bishop of Elphin. It also stated that it was next to impossible if those bishoprics intended to be unit ed were so, that the duties could be performed in a way to sup port the true spirit of the Christian.relfgion. The hon. member then presented a petition from the inhabitants of Foxford, in the diocese of Kilmallow, in the county of M a yo, t o th e san • p nport. It was signed byi the merchants and inhabitants of la persuasions, and it stated that by this measure they would be grievous sufferers—that many would be reduced to a state of ruin if the removal of the bishop were sa.nelioned. It also.stated that it would be injurious to the prosperity of the town, a n d mentioned many evils which had been the consequence of the withdrawal of regular employment offered to many persons. Adjourned to rive o'clock, The Speaker took the chair at five o'clock. - A messuage from the Lords announced that their Lordshirr, had agreed to several private bills. GLAMORGANSHIRE ASSIZES. Mr. GUEST presented a petition from Merthyr-T3dvil, we believe, in favour of removing the Glamorganshire summer assizes from Cardiff to Swknsea. Mr. VIVIAN presented similar petitions from Swansea, and two other places in Glainoro•anshire, and was about to make the motion of which he had given notice, for the introduction of a bill_to accomplish the object, when Lord ALTuoRP rose, and entreated that the hon. gentlemar, as well as other hon- members, would not press their motions; the near approach of the Easter recess renciering it necessary that they should get on with the report on the Irish Disturban ct Bill to-night. Mr. VIVIAN said he would withdraw his motion with great pleasure, on the understanding that others did the same. Mr. W. PATTEN said that he was willing to withdraw for the present his motion for a commission to inquire into the factory system, provided there was an understanding that.he should be enabled to bring it forward on some other occasion. ' Lord Aurtiorip said he should be willing to give the hon. Member every assistance in his power to bring forward his mo. tion; it was certainly most desirable that it should be disposcd, of one way or the other at as early a period as possible. lie would suggest to the hon. member that if he would appoint to morrow for his,motion, he would have a. good chance of bring ing it on, for although there were a number of notices on the books, he did not think they would occupy much time. Mr. Vivian then withdrew his motion, and Mr. Patten post poned his motion till to-morrow. The SOLICITOR-GENERAL also withdrew his notice of motion respecting the referring to a select conimiftee his bills to amend the law of inheritance, dower, courtesy, &c. , BREACH OF PRIVILEGE. Mr. HENRY GRATTAN, in reverence to some proceedings of the Longford election committee, which had been published in the Dublin Evening Mail, and which were injuribus to the sitting member for Longford, and his friends, begged to ask the sitting member for Longford whether it was his intention to bring the subject before the house, for if it were not, he (Mr. Grattan) should himself undertake that task, a breach of privilege having assuredly been committed. The SPEAKER said, that when the honourable member talked of a breach of privilege, he ought to take care that he was not hi►riself guilty of one. The committee would, no doubt, do what was proper, if it thought that a breach of privilege had been com mitted, and the house could not in any way judge by anticipa tion what would be the decision of the committee. DISTURBANCES (IRELAND) Lord ALTIIORP moved the order of the day for the further con sideration of the report on the Irish disturbiinces bill. On the question that the amendment be now read a second time, The. SoLICITO B-GENERAL rose and stated the different amend ments which kid been made by the committee. After a short discussion, which was inaudable in the gallery, it was found necessary to re-commit the bill in consequence of some infor malities, . . . r