The Sun. — London, England, 1840-08-22 00:00:00

LAW INTELLIGENCE. SECONDARIES' COURT, AvG. 21. (Before Mr. POTTER.) DEFFEE V. INGRAM. Mr. JAMES stated the plaintiff's case. It was an action brought to recover the sum of 8/. due on the defendant's promisory dote. In the month of June last the plaintiff sold the defendant, who is a postmaster residing in the Hackney-road, a pony, for the sum of 84, for which the note forming the ground of this action was passed by the defendant, payable in one month. The Learned Counsel said be understood it was in tended to be set up as a defence, that the animal was unsound at the time of sale, but he would bring forward witnesses to prove that the defendant bought it at the time, knowing it to be affected with a cold, and that any consequence which followed afterwards arose from ill treatment ; and the fact of the defendant having put the animal out in a wet swampy marsh in Hackney. The defendant had offered to compromise the matter by paying the sum of 6/. but this was refused on the part of the pluintiff. Several witnesses hivir g been called in support of the plaintiff's case, Mr. CORRY for the defence, said it would be wrong to deduce a conclusion unfavourable to defendant from the latter fact stated, of his having offered to compromise the matter, as he did so, well knowing that in the greater number of lawsuits even the victor wins a blank. He should en deavour to prove that the horse, besides having the cold, was affected by a particular kind of disease, called abscesses, from which it might appear quite free at one moment, and in a few hours afterwards be covered with them. To prove the nature of the bar gain he should call William James Ingram, the defendant's son. This witness being sworn, s t a t e d, t h at h e was present w h en his father bought the horse. Understood that there was a warranty of his sound ness . L en t i t to p l a i nt iff to drive in his chaise on the evening he was bought, and that was all the work it had done since it came into the hands of witness's father, till its death in eleven de's after. Was treated as they usually treat horses with colds. Cross-examined by Mr. JAMES—Perceived several abscesses on the horse at the time he was purchased. Mr. Ingram was also aware he had a cold. Several other witnesses were examined, whose evi dence was without any interest. Mr. POTTER, in summing up observed, that from the evidence it appeared the defendant was fully aware that the animal had cold, or he should not have got him for so low a price. As to the fact of its being in a state of disease by those abscesses, he thought the evidence of Mr. Ingram, jun., left no doubt as to that being evident to any person who gave himself the trouble of an examination at the time of purchase. The Jury after a short consultation, returned a ver dict for the plaintiff in the full amount claimed. INSOLVENT DEBTORS' COURT, AUG. 21, ruTe; RE PROPERTY. At the sitting of the Court this morning, Mr. Cooke appried in the case of a party discharged under the Act some years ago, to ♦acate its proceedings, on the grouud that all his debts had been paid in full, and the officer of the Court had made his report thereon. The Court granted the application. COVENT-GARDEN MARKET.-IN RE THOMAS PEPPER. This insolvent was up a day or two ago, and was re manded until a sum of money had been paid into Court. He had kept a shop in Covent-garden Market, and it came out that all the tenants of the Duke of Bedford in the market were weekly ; his Grace took nothing for his stands, but permitted, when a man failed, that the creditors should be benefited if any sum could be ob tained for the stand. In this case 200/. had been ob tained-30/. in money, and a bill at sixteen months for 1501. The Court thought the Bill had better be discounted, and adjourned the case for the money to be paid into Court. Andrew Shiell was opposed by Mr. Woodroffe, on the part of Messrs. Mortlock, bankers and millers at Cambridge, and Mr. Wallace, a miller at the same place. He was supported by Mr. Cooke. The insolvent had lately been a baker. He was rather advanced in years, and had figured six times in his present character. The CHIEF COMMISSIONER referred to the schedule, and found the dates of the several appearances to be first in 1815, then in 1820, then in 1825, in 1880, in 1835, and now again in 1840. Mr. WooDaoFFE asked the insolvent whether there had not been an overture in the shape of a bankruptcy between the " acts " of insolvency. The insolvent admitted he was a bankrupt in the year 1823. He had now 100 creditors in his present schedule. His debts were in the aggregate 1,8861. 17s. 9d., of which nearly -100/. were without considera tion, arising on security he had given to several Loan Societies. He had paid money to the opposing credi tors ; he owed Messrs. Mortlock upwards of 1001., and Mr. Wallace about 701. for flour. He had given the opposing creditors several bills of exchange, which e,ere read. He disclosed the manner in which the bills had been manufactured. He said three persons, named Camp, Nelson, and Levy, drew and accepted them, and he paid them I s. in the pound for the accommodation. . . The CHIEF COM3fISSIONER asked whether the insol vent had inserted in his schedule the money he had given for the bills he had mentioned ? The insolvent said he had not done so. The CHIEF COMMISSIONER said that it did not fol low that a man who became insolvent once or twice was a fraudulent man ; but when a party came so many times, it was pretty certain there was something faulty in his conduct. The judgment was, that the insolvent should he discharged when he had been in prison for a period of six months from the date of the vesting order ASSIZE INTELLIGENCE. LIVERPOOL—Atrausr 20. (Before Mr. Baron ROLFE.) LIABILITY OF SHAREHOLDERS. HUMBLE V. LANGSTON. This was an actio n ar i s i ng out of the sale of certain shares of the Bristol and Exeter Railway. The plain tiff is Mr. Michael Humble, merchant and shipowner, of this town, the defendant Mr. Thomas Langston, a sharehroker, at Manchester. Messrs. CRE9SWELL and CROMPTON were counsel for the plaintiff; Messrs. ALEXANDER and COWLING for the defendant. The declaratio❑ stated that the plaintiff was pos sessed of thirty shares in the Bristol and Exeter Rail uay, which he agreed to sell to the defendant at 7/. .2.5. 6d. per share ; that the defendant promised to receive aid accept the said shares, and to indemnify the plain tiff from all subsequent payment of calls or other charges upon them ; that the plaintiff did deliver certificates of transfer ; and that the defendant had received, ac cepted, and paid for the same ; but though certain calls had been afterwards made on the shares, the defendant h,.d neglected to pay the same, and the plaintiff had Lcen obliged to pay certain large sums in consequence of his default. The defendant pleaded first, that he made no such promise ; secondly, that he never re ceived any such consideration ; thirdly that he did not agree to pay the calls ; fourthly, that the plaintiff was not ready and willing to transfer ; fifthly, that he gave n;) notice of his readiness to transfer ; sixthly, that he had nn notice of the alleged liabilities of the plaintiff; sr %Tenthly, that the plaintiff had been damnified of his .owii wrong ; and, eighthly, that, after making the said promise, the plaintiff had exonerated him from its per.. ' for:mance. All this was denied by the plaintiff, and on these pleas issue was joined. AIL CRESWELL said this was an action to recover a sum of about 9001., which the plaintiff had been com pelled to pay in consequence of a default on the part of I\lr. Langston, which was without the slightest jus tification. In the beginning of 1838 the defendant, who resided in Manchester, and was speculating largely in tiie share market, was desirous to have some shares ia the Bristol and Exeter Railway, and wrote to Messrs. Atkinson and Townley, sharebrokers at Liverpool, to procure them for him. On the 20th of February, Mr. Earle Langston, a relation of his, communicated to Messrs. Atkinson and Townley his desire to have some Bristol and Exeter shares. On the same day the de fendant wrote to Messrs. Atkinson and Townley, sa Our market is good, particularly for Bristol and Exeter. They are expected to go to 31. premium. I am a buyer at 71. 10s. Birmingham, Derby, South ampton are all inquired for, and every thing is certain to go up. I hope you have seen Earle." On the same day Messrs. Atkinson and Townley procured the shares front Messrs. Richardson and Thompson, who were selling on behalf of Mr. M. Humble, and a sold note was sent to the defendant. " We have this day sold you 30 shares in the Bristol and Exeter Railway, at 101. paid, discount 0 1. 17s, Gd., making the price 71. 2s. Gd., and with brokerage added, 71. 55." On the same day the defendant wrote again, saying, " Bristol and Exeter shares have sold at 8/. to-day—upwards of two oe three hundred hare been sold at that price. Now, Si. 10 . s. is the price, and no sellers. Neither Leigh nor Atkinson could get the shares I wanted, though I 4 ,..ave no limits. Our markets have been good a ll day. He wanted more shares, which, it seemed, could not be procured, as Messrs. Atkinson and Townley wrote to him to say, " There are the Bristol and Exeter offering—the only ones being those we sold to you this morning." O n the olst he wrote again to this effect--" Our market aas been very lively to-day for Bristol and Exeter, and this stock is becoming quite a favourite here. 91. per share is offered, and they are inquired for." On the 2d of March Mr. Langston sent for a transfer of the shares. tin the 3d of March the defendant wrote again, " You may buy any Bristol and Exeter shares that come at 91. I have bought at 9/. 10s., and sold at 101. to-day." Messrs. Atkinson and Townley accordingly sent the transfer of the 30 shares in blank, so that the defendant might fill it up either in his own - name, •r in that of any person to whom he bad sold. If the defendant thought that the transfer re qui •reti a name in it he ought to have said so, but at all , events the sending of the transfer was abundant proof of an offer of transfer. The defendant, at the time, made no objection to this transfer. The price of the shares was settled between Messrs. Atkinson and Townley and the defendant, and the money was paid to the plaintiff, who supposed the transaction to he at an end. Some time afterwards, however, he eived notice of a call, which was of course handed over to Mr. Langston. Various calls were subsequently made on the shares, amounting in the whole to between 900/. and 1,000/. It afterwards turned out that the defend. ant having the transfer made to him, which stood in the name of another person, took it to the Company, and, in stead of getting himself entered as transferee and owner of the shares, actually got the plaintiff entered, so making him responsible for the calls. He (Mr. Cresswell) ap prehended the law to be that the person who purchased shares, most undoubtedly agreed to take to those shares with all their responsibilities, and to indemnify the seller. No person would sell his interest in shares, if he were to be liable to pay up the calls subsequently made. When a man parted with shares, he naturally thought that he had done with them, and the purchaser was bound to indemnify him. In this instance the defend ant had sold the shares again, at a considerable profit to himself, and he now sought to avoid payment of the calls. Mr. Charles James Townley, of the lato firm of Atkinson and Townley, share-broker, proved the order from the defendant, through Mr. Earle Langston, to buy, and the purchase of the thirty shares for him from Messrs. Richardson and Thompson, the plaintiff's brokers. He identified the correspondence alluded to in the opening, and also some other letters, in one of which, dated March 2, 1838, the defendant said, " Herewith I hand you Pilling's transfer, executed and witnessed. Pray despatch the thirty Bristol and Exeter, bought at 71. 55., and let me know what is to be done about the fifty " (referring to another transaction). I want a name for five London and Birmingham, and also a name for the fifty new Southampton's. Pray attend to this instanter, as I must give in names directly." In a letter dated next day, and addressed to the same parties, he said, " Pray despatch the thirty Exeter's forthwith. I have sold at 91. 17s. 6d." Mr. William Thomson, •f the firm of Richardson and Thomson, proved that in March, 1838, they had sold the thirty shares in question for Mr. Humble, to Messrs. Atkinson and Townley. Mr. James Bellinge Badham, secretary to the Exeter Railway Company, proved, that, from March 1838, to November 1839, there had been six calls, four of 51. per share, and the two last of 10/. per share, and that on the thirty shares in question, all these calls had been paid with the exception of the last. A letter from Mr. Allan Kaye, the plaintiff's solici tor, addressed to the defendant, and dated 16th Sept., 1839, was then put in. It was to this effect :—" Dear Sir—l am desired to give you notice on behalf of Mr. Michael Humble, from whom you, some time ago, pur chased thirty shares in the Bristol and Exeter Rail way, that he has received a letter from Mr. J. B. Bad ham, stating, that if the fourth, fifth, and sixth calls of 51. per share, with five per cent. interest, are not paid on or before the 16th of October, the directors will bring an action for the amount. You are required to register yourself as owner of these shares, and to pay up the calls and interest forthwith ; and I have to in form you that, if the directors bring an action, Mr. Humble will hold you liable for all expenses, costs, and losses incurred." This was the case for the plaintiff. Mr. ALEXANDER wished to ask his Lordship's opinion on the facts as they now stood. The case, as it appeared at present, was one in which the defendant was supposed to be liable for the payment of this 900/. as being the party who was to be considered registered as the proprietor of the shares in question, and the letter just read expressly called upon him to register as owner and pay up the calls, the❑ amounting to 3601. without interest, forthwith. They had learned from Mr. Townley that the shares were sent over in blank to the defendant, who was a sharebroker in Manchester. The pleadings raised amongst other points that there was an agreement to buy and sell, and that the plaintiff was damnified by his own wrong. Now, unless it was a broker's duty to make entries on the books, it was perfectly clear that he was not liable for a breach of duty if he neglected to do so. Mr. Humble might have his action against his brokers, Messrs. Richardson and Thompson ; other gentlemen might step between the plaintiff and the defendant for they (Richardson and Thomson) treated with Messrs. Atkinson and Townley, and the defendant, another broker at Manchester, treated with them. What privity, therefore, there could be between Mr. Humble and Mr. Langston it was impossible to conceive. The Liverpool brokers were applied to by a Manchester broker to purchase a given number of shares. He was then acting in his capacity of broker. Messrs. Atkinson and Townley procured the shares from Richardson and Thompson ; four days afterwards the transfers were sent over by the brokers in Liver pool to the defendant, in blank, the only name given in the transfer being that of Humble, to blank. What obligation then could there b. on the defendant to re gister any change of proprietorship in the Company's books ? Mr. Humble was the owner of the shares ;he employed brokers to sell them, and they were sold under his authority to another house. The alteration in the registry ought to have been entered at that time, and there svas no obligation on the defendant to make it In the absence of anything to show the least degree of privity between the plaintiff and the defendant, he begged leave to ask his Lordship how the defendant could be liable in this action ? Mr. COWLING followed on the same side. Mr. Baron ItoLFE said that this very question arose at Taunton, at the last Assizes, before him, and was new before the Court of Common Pleas. He had re served the point whether or not the sale or shares under these circumstances, and the delivery and transfer of the shares, the law implied an undertaking on the part of these purchaser to indemnify the seller. It seemed to him the best course to allow the case to go on, and to g ive the defendant liberty to move to enter a nonsu it if the Court should be of opinion that on this evidence the defendant was not liable. There was another point as to the regularity of the transfer. The Act required that it should be by deed. Mr. COWLING said it was so in all the acts, and he applied for leave also to reduce the damage to the three calls mentioned, if the Curt should be opinion that the defendant was liable. On this a letter trom 2viessrs. Littledale and Bards well, the plaintiff's present solicitors, dated 7th of Fe bruary, 1840, addressed to the defendant, and making an application for the payment of two other calls, was put in and road. Mr. ALEXANDER said there was one fact which he wished to add. He could give evidence that amongst brokers it was the practice, unless there was a stipu lation in the contract, not for the purchasing broker, but for the broker on the other side, to make the requisite entries. He had brokers to speak of the usage if his Lordshp thought it of importance. Mr. Ba.on RoLFE—It can hardly be a question of usage whose duty it is. Mr. ALEXANDER said, that the custom of the trade was sometimes found to be admissible, and the point ought to he settled, because it was a question to brokers of vital importance, whether brokers, three or four times removed from the owner, should take the responsibility upon themselves. lie had brokers in attendance who would speak to the rule being, that the person employed by the vendor was, unless the . . contract stipulated to the contrary, the one whose duty it was to enter any change of ownership in the Company's books, and to save his own client from any responsibility from his name being continued in the books. Mr. Baron ROLFE thought this was all a question depending o❑ the legal construction of Acts of Parlia- ment. These things were all of such modern growth that they could hardly speak of any usage. He (the Learned Judge) thought there was a great deal in Mr. Alexander's point, but it was one which would be settled elsewhere. A verdict was then entered for the plaintiff, damages 9001., subject to the opinion of the Court above on the point of law. RUSSELL AND ANOTHER V. SMITH. This was an action brought by John Russell, and Eli zabeth Russell, his wi'e, to recover from Dr. W. Grey Smith, formerly of Dunarics, and late of London, the sum of 931. ss. Sd., being the costs decreed against him by the Scotch Court of Session in a suit of divorce a vinculo matrimonii, instituted against him for adultery, by the female plaintiff, to whom he was married at Glasgow in the year 1824. The result of the suit was a decree of divorce, entitling his wife to marry again, a privilege of which she availed herself by marryine , the plaintiff. There were some questions of fact touching the regularity of the proceedings in th e Scotch Courts, which were carried on in the ab sence of the husband, a mode by which, as Mr. Cress well observed, the process of horning, which was the commencement of the Scotch law-suit, might be effec tually carried out, as the husband might return from India, or some other part of the world, and find his wife married t o his neighbour. There were also several , points o f l aw touching the jurisdi c ti o n of the English Courts, w hi c h, were turned P with th e f acts into a s c dial cas e f or t h e eonsiderationof the Court above, and the verdict was entered nominally for the plaintiffs. DEFAMATION.-TIIE CONNOR-BOND AFFAIR IN ST. ----- ANNE'S WARD. JONES. JUN., V. LITTLER. This was an action for slander and defamation, brought by Mr. Robert Jones, jun., one of the repre sentatives of St. Anne's Ward in the 'rown Council, against Mr. Peter Littler, farmer. Messrs. Cresswell and Wightman appeared for the plaintiff • Messrs. Alexander an d M artin for the de fendant. The first count of the declaration stated that the de fendant had spoken certain slander ous words of the plaintiff, calculated to injure him in his tr a d e an d busi ness. The second count alleged that the plaintiff h a d sustained fiecial damage thereby, James Parke and Samuel Saunders and Son having refused to deal with the plaintiff in consequence.—The defendant pleaded not guilty, and denied that Mr. Parke and Messrs. Saunders and Son had refused to have any dealings with the plaintiff in consequence of the imputed slander. Mr. CRESSWELL stated that the plaintiff in this case, Mr. Robert Jones, carried on business in Rose-hill, in this town, as a brewer, and was in a considerable way of business. The defendant, Mr. Peter Littler, was a p»rson who managed some stone quarries belonging to the Earl of Derby, a few miles from this place, and was, he believed, a person of considerable property. The plaintiff in this action sought a compensation in damages for that which to him as a tradesman was certainly calculated to be of very serious injury, and which, if not repelled by a challenge of public inves tigation, might probably have been the ruin of him in his trade. The jury would find that in the month of March, a party of men were assembled at a public house, amongst whom were Mr. Pye, an acquaintance of Mr. Jones, and one or two others to whom he was well known, and the defendant Littler. They began to talk of various matters, and the name of Mr. Jones was mentioned. He (Mr. Cresswell) rather thought that Mr. Jones was the representative of St. Anne's Ward in the Town Council of this borough, and speaking of him and his father, Mr. Littler broke out in these terms—" Jones is a d—d rogue, and his father is no better. I have known both of them well, and where they have come from. They have come from 'Westmoreland. I have a share of a mill in ‘Vestmoreland, and that's the way I got to know them," affecting to have a personal knowledge of the matter, and thus giving additional force to his observations. " It was through their dishonesty," continned he, " that they left and came to Liverpool. Mr. Jones and his father left Ulverstone in disgrace. bet five pounds to one that Jones was in a sponging-house for debt within the last fortnight, and I can produce the man who locked him up." Mr. Pye was astonished to hear this, and asked " Do you mean that Mr. Jones, cf Rose hill, was in a sponging -house for debt within the last fortnight ?" and the defendant said " I do." He clearly meant the plaintiff. Mr. Pye expressed his astonish ment at the assertion ; the defendant repeated, and said he could prove it. Mr. Pye afterwards communicated to Mr. Jones was had passed, and Mr. Jones brought this action to vindicate himself from the aspersions cast upon him. For aught he (Mr. Cresswell) knew, he might now be sorry that he had used them. If so, and if he would say so, and would indemnify the plaintiff for his expenses in coming there to vindicate his cha racter, he (Mr. Cresswell) was content. If not—if the defendant would not apologise for it, and indemnify the plaintiff, then the Jury would know how to deal with him. Mr. ALEXANDER—I have not the least objection to accept the offer of my Learned Friend, provided be will withdraw a juror. Mr. CRESSWELL—I made no such offer, and think the proposition an additional insult—an additiona; injury. Witnesses were then called to prove the case, and Mr. ALEXANDER addressed the Jury for the de fendant, without calling witnesses. Mr. Baron ROLFE, in summing up said that with regard to the motive, it was immaterial, if the words spoken had by a necessary consequence a tendency to injure the plaintiff in his trade and business. lVhat they bad to consider was, whether these words were ut tered by the defendant. The imputation of insolvency had certainly that tendency, and the words alleged were, in his opinion, actionable in their own nature, and therefore, though no special damage had been proved, the plaintiff was entitled to some compensation in re spect of those words. He might be wrong in this opinion, and if so, he should be set right hereafter. The only question for them at present was, whether the words had been uttered. The evidence was unques tionably of a very unsatisfactory nature, but at the same time he did not know how they could come to the conclusion that the words had not been uttered. Possibly the action was one which they might think, and which others who heard it might think, ought never to have been brought, for if Mr. Jones never had any thing else said against his character than was said amongst men who were in such a state as these men must have been after drinking from three in the after noon to same time between eleven and twelve at night —by a man who talked on for an hour and a half at such a rate that nobody could stop him—if Mr. Jones had not anything said of him more calculated to damage his credit than that, he might range with the highest people on the Exchange of this place. To talk of any injury to his credit from such a thing as that was pushing matters to a great extreme indeed. At the same time it was no justification to say that the words were uttered while in a state of intoxication, for if a man chose to deprive himself of reason, he must take the consequences, The only question was were they satisfied that these words were uttered in the manner represented. If they were, then came the question of damages. He (Baron Rolfe) thought there was as little damaging in the transaction as could well be conceived. These parties had got into a state which he should de signate as nearly approaching to drunkenness ; because a man speaking of himself never admitted more than that he was not sober, and that description seemed to apply to all the people at the Running Horse, excepting the man who was tied in the gig ; and he at least must be taken as absolutely drunk. The parties were all talking at once, and the defendant, after uttering these words, indicated that he himself had no confidenee in the truth of what he was stating, for after he had laid down with great bravado a 51. note, and the bet was taken, he took it up again, put it into his pocket, and walked away,—about the strongest antidote to what he had said that could be conceived. There i was nothing on which Juries were more bound to consider the feelings of the parties than in actions for slander and attacks on character. When such attacks were really calculated to do injury, Juries did right to give sub stantial damages. But there were cases of this kind of such a nature that the time of Courts of Justice might be much better employed than in hearing them— cases in which character would be much better vindi cated from defamation and slander, by passing them over with contempt, than by bringing them before a Court of Justice. If they thought that the plaintiff had not sustained any real damage through this ridicu lous and nonsensical proceeding, they would give nomi nal damages only ; if they thought that he had received substantial injury, calculated to injure his feelings, and hurt his credit for solvency, then they were not only wars anted but bound to give substantial damages to mark their sense of the case—such damages to be nominal or real, as they thought the plaintiff fairly en titled to either. The jury, after a short consultation found for the plaintiff. Damages 40s. The verdict carries costs. BRANCKER AND OTHERS V. MOLYNEUX. This was an action brought by the assignees of Messrs. Humberston and Frodsham, bankrupts, formerly trading together as merchants and brokers, in this town, to re cover the sum of 3,1661., being the value of a cargo of cotton sold to Messrs. Humberston and Frodsham, by Mr. 'F. B. Molyneux, of Charleston, and shipped on board the Diamond, which arrived at this port on the 13th of June, 1837, the day after the bankruptcy of Messrs. Humberston and Frodsham, and seized by the defendant, Mr. Edmund Molyneux, either as agent for the vendor, or as mortgagee of the vessel. The cause was tried at the last March assizes, when a verdict was entered far the plaintiffs, subject to the opinion of the Courts above on several points of law. A new trial was directed, and certain letters and other evidence admitted on the former trial being excluded on this, the Learned Judge expressed his opinion that the cotto n in question had never come into the possession of the plaintiffs, and directed a verdict for the defendant. The Court rose shortly after six o'clock. OXFORD CIRCUIT—GiocEsTER, Aua. 19. CROWN COURT. MURDER OF MR. YARWORTIt. Upon his Lordship's taking his seat in Court this morning an application was made by Mr. W. J. Alex ander, who, with Mr. A. M. Skinner, appeared for the prosecution of Bowen, for the murder of Mr. Yarworth, to postpone the trial to the next assizes, upon the affi davit of a surgeon from Bristol, that one of the princi pal witnesses for the prosecution had been suddenly at tacked with cholera, and was dangerously ill. An affi davit was also made by the attorney for the prosecution, that the evidence of the witness in question, a Mr. Sharpe, who travelled with the deceased and the mur derer (whoever that was) from Worcester to Cornbe hill, just before the attack was made, was material and necessary for the trial. Mr. Maclean and Mr. Greares opposed the applica tion on behalf of the prisoner. Mr. Justice Wlwalts said, he saw no reason to vary the usual course, which was always upon an affi davit like the present to postpone the trial as prayed for. The cause for that postponement was the act of Providence, not any want of care or diligence on behalf of the prosecution ; and further, if he looked to the deposition of the witness whose illness had caused the application, it was impossible not to see that his evi dence might, and perhaps would, be the most material in the case. The prisoner was accordingly remanded till the next Assizes. He is a young man slightly made, without anything at all remarkable in any way in his appearance, a circumstance probably material in a case where nis identity as the guilty person is to be established by the evidence of persons previously unacquainted with his person. The Court was excessively crowded till the result of this application was known. The business of these Assizes will be brought to a close in the course of to-morrow. MIDLAND CIRCUIT—WARwicr, Ave. 20. DUE, D. GILBERT AND OTHERS, V. ROSS. This was an action of ejectment to try the right to certain property situate at Manchester, in this county. Mr. Serjeant Goulburn, Mr. Humfrey, and Mr. Hayes, were counsel for the lessors of the plaintiff ; and the Solicitor-General (who c ime special), Mr. Serjeant Adams, Mr. Hill, and Mr. Daniel for the defendant. The property which was the subject of this action consisted of an estate said to be worth about 20,0001., and had b e l onge d to a f a mily of the name of Mill er . The lessors of the plaintiff were three sisters, who ' claimed the estate as lineal descendants of William Miller, who, in the beginning of the last century, devised it away under certain limitut:ons ; and after passing through several hands, the property devolved upon Arthur Gramer Miller, who died in l 832,having no issue, but who devised the estate at a time when lie was alleged to be in a state of mental imbecility to the defendant, Fanny Ross, a person who had been engaged by his sister-in law to take care of him, and who was alleged to have obtained great influence over him. The question as to the validity, or rather invalidity, of this will was not so much the subject in contention, as that. of whether or not the lessors of the plaintiff were able to prove that they were the lineal descendants of the common ances tor. A great dual of evidence, principally of pedigree, was brought forward, and the cause proceeded during the whole of yesterday and part of to-day, when The Loan CHIEF JUSTICE suggested, that as there was much doubt and difficulty in the case, it would be very desirable if the parties could come to some ar rangement. Upon this suggestion a conference took place between the Learned Counsel on both sides, which terminated in a compromise upon the following terms, as we un derstood : The costs of all parties to be paid out of the estate. The residue to be divided into three equal parts, one to be given to the lessors of the plaintiff in this action ; another to go to two other persons of the name of Miller, who claimed to he the rightful heirs ; and the third to be divided between the present defendant and a person named . Clifford, wh o was defendant in another action brought in respect of another part of the estate. This case closed the Assizes. WESTERN CIRCUIT—Ds;zzEs, Aua. 20. William Hare was indicted for the manslaughter of John Blake. From the evidence it appeared, that a club had been held at the Park House Inn, near Amesbury, and the deceased had been i n the inn drinking a great part of the day, and was the only gue s t remaining at 12 o ' clock at night, when the prisoner and two other men came to the door and insisted upon being admitted. The land lord refused, upon which they burst open the door, but in a short time they were all turned out. The prisoner had some altercation with the deceased, and at length gave him a push ; the Devonport mail passing at the instant, the deceased reeled against one of the leaders, and falling down, the coach went over him and killed bim. The jury having found the prisoner Guilty, he was sentenced to three days' imprisonment. Three cases of murder have been postponed in conse quence of the absence or illness of material witnesses. CENTRAL CRIMINAL COURT. OLD COURT. (Before Mr. Baron GURNEY.) Lorenzo Canape, aged eighteen, an Italian, was in dicted for feloniously cutting and wounding Jesse Peters, with intent to do him some grievous bodily harm. Mr. Payne defended the prisoner. The prosecutor stated that on the Bth July he was fn Cross-street, Islington, when he observed the pri soner, who had a hurdy-gurdy, and a number of boys, and the latter were peltinr , him with ston es , an d h e a l so pelted th em , an d attempted to strike some of the boys, and he saw him strike and kick his brother, a little boy nine years old, and he went up to the prisoner for the purpose of protecting his brother, when he drew a knife from his pocket and made a plunge at his breast. He parried the blow with his hand, and received a severe cut in his thumb. The prisoner then ran away, but he was pursued and taken into custody. Mr. Payne addressed the Jury and said it was clear that the prisoner, in a moment of excitement and alarm, had made use of the knife, but without the serious intention imputed to him by the present indict ment, and that they might only find the prisoner guilty of an assault. Mr. Baron• GURNEY summed up, and the Jury found the prisoner guilty of an assault. He was sentenced to six months' imprisonment, with hard labour, one week in each month to be passed in solitary confinement. John Broughton, a soldier, was indicted for cutting and wounding James Jennings, with intent to maim and disable, or to do him some grievous bodily harm. The prosecutor stated that he was a police constable, and he was on duty on the morning of the Ist August, and he heard an alarm in Down -street, Piccadilly, and on going to the spot he found another police constable there, who was in th e act of ordering away a number of prostitutes ; and the prisoner, who was also there, in terfered with the other constable, and said he had no business to order the women away. He was told to go away, but be refused, and became very violent, and kicked him several times. He attempted to take him into custody, when he said, " You —, I'll do for you," and at the same moment he struck him across the eye with the brass•platc that was upon his belt, and he fell to the ground insensible. He was still very weak and ill, in consequence of the injury inflicted upon him by the prisoner. James Seeks, another policeman, corroborated the evidence o f th e prosecutor, and said that the prisoner also kicked him in the belly. Mr. Tarrant, a surgeon, described the injury received by the prosecutor as being of a very serious character. The prisoner, in his defence, said he had no recol lection of what had taken place. He had been with some friends and had drank more than he ought to have done. Mr. Baron GURNEY summed up, and the jury found the prisoner guilty of an assault only, and acquitted him of the felony. The Learned JUDGE told the prisoner that drunken ness was no excuse for misconduct ; all men were bound to keep sober, and soldiers especially. The Jury had taken a merciful view of his case, and the sentence was that he should be imprisoned and kept to hard labour with solitary confinement, for six calendar months, " And," said the Learned Judg e , " at all events you will not get drunk during that period." John Pheteon, aged 32, was indicted for stealing a quantity of plate, value 284, the property of Thomas Robert, Earl of Kinnoul. Messrs. Bodkin and Ballantine conducted the prose• cution. Mr. Chadwick Jones defended the prisoner. As the facts of this case have been very recently fully detailed in the police reports, it will be unnecessary to repeat them here. It w ill b e remembered that the prisoner acted in the capacity of under-butler to the Noble Earl, and upon the occasio n of his Lordship leaving town, the plate was ordered to be packed up and sent to the banker's. A quantity was di scovered to be missing, and the prisoner, upon being questioned, admitted that he had pawned it, 'Jut said he intended to have redeemed it ; and it appeared that some of the plate had, in point of fact, been taken out of pledge by him. Mr.. Tones made a very ingenious address on behalf of the prisoner, and contended that the Jury could not say thot the original intention of th e p r i soner was to deprive his noble master entirely of the property in question, and that they ought to believe that he in tended to replace it ; and that consequently he ought not to be convicted of felony. A number of witnesses gave the prisoner an ex cellent character. Mr. Baron GURNEY in summing up, said that it would be a very dangerous doctrine indeed to dissemi nate that a servan t m i g ht make free with his mast er ' s prop erty i n th i s manner, an d t h en say t h at h e i nten d e d to redeem it. e r e f ci t e? . m j eunryd that he eo intendedm erc y toon Tne Jury, after consulting for a short time, expressed a wish to retire, and in about half an hour they returned inzo Court with a verdict of Guilty, but with a strong theaccount of f r ' replace Mr. Jo t p i c ie rty b . elief Jones submitted that this was tantamount to a verdict of not guilty. Mr. Baron GURNEY said, without expressing any opinion upon this point, as there was another indictment against the prisoner. he thought it would be better that he should be tried up on it. The p r i soner was accordingly a gain indicted on a charg e o f stealing a silver saucepan, the property of th e same Noble Earl. Mr. Bodkin addressed the jury on behalf of the prosecutor, and said, that although he had no desire to make any remarks that might be c onsidered unfair or harsh toward s the prisoner, yet his duty to the public, and the position in which he Was placed, compelled him to remind the jury of the importance of the point that was submitted to them in this prosecution. He would ask them what would be the condition of society if it could for a moment be allowed that a servant could take away his master's property, pawn it, and apply the proceeds to his own use, and then, when the fact was discovered, be relieved from the consequences by setting up as a defence that he intended to have redeemed it. The evid ence was then gone into,j and theury re turned a verdict of Guilty. Mr. Baron GURNE Y then sentenced the prisoner to be transported for fourteen years. (Before the RECORDER.) The Grand Jury came into Court soon after the Recorder had taken his seat upon the Bench, and re ported that they had concluded their labours. They at the sa me time made a presentment of the usual cha racter, and also expressed their o pinion that many of the trifling cases:might have been disposed of summarily The RECORDER said that his experience taught him that summary convictions were n ot very efficacious in the repression of crime. The Legislature appeared to consider that it was advisable that parties should be sent far trial in the ordinary course, and, occupying the positio n he did, It would not be becoming for him to offer any further observations upnn the subject. The G ran d J ury were then discharged with the thanks of the county for their services. THE PARIS BOURSE.--" There are morning Ministerial p a p ers, " observ es t h e F ran ce, " to preach up peace, and th ere are evening Ministerial papers to preach up war. They are the buckets of a well which come up and go down alternately, but they serve to draw up some thing else than water. See the stock article," POLICE INTELLIGENCE. MANSION-HOUSE. Information having been received by the Lord Mayor that Daniel Forrester, the officer, had taken into custody, yesterday morning, John and James Christie, for the apprehension of whom rewards to the amount of 4001. had been offered, his Lordship or dered that the prisoners should be brought before him for examination in the course of the day. They were accordingly put to the bar. Mr. Johnston, of the house of Johnston and Farqu har, solicitors, New Broad -street, attended for the pro secution. A warrant had been granted in Saotland by Lord Moncrief, upon the affidavit of Mr. Andrew Ruther ford, advocate, which stated that about two years ago the two prisoners, residing at Golspie, in Sutherland shire, were appointed joint agents for the Aberdeen Town and County Banking Company at Golspie, and they continued very lately to act as such. The depo,. neat had been informed that sundry payments, which had been made at the branch bank during the said pe riod, by or for the behoof of his Grace the Duke of Sutherland, who had an account kept at the branch bank, to the amount of 4,000/. and upwards, had not been entered in the books of the branch bank, nor been reported to the head office of the bank, according to the invariable practice, although the agents had given or granted receipts or vouchers for the same, intended by them to bind or render the said banking company accountable for the said sums, and such notices or re ports had been wilfully omitted to be made by the said agents, who fraudulently applied the same to their own use. The affidavit concluded by stating that the said agents had absconded. The LORD MAYOR asked whether the prisoners ad mitted that they were the persons mentioned in the warrant ? John Christie (the elder prisoner)—We admit with. out hesitation that we are the parties. The Loan MAYou—I think it necessary to mention to you, that any thing you think proper to say may be used against you, and the charge is most serious. John Christie—We are perfectly aware of that. Daniel Forrester stated that from inquiries he had made, he had been enabled to apprehend, upon the warrant backed by his Lordship, the prisoners that morning, at seven o'clock, on board of the Iberia steam packet, which was about to sail for Gibraltar. Under the bolster in the hammock of James Christie he found 500 sovereigns, and in a purse in the pocket of John Christie he found 28/. 10s. He had seized their bag gage, of course, but had not examined it, but both pri soners said that the property described was all they were possessed of in money. The LORD MAYOR asked whether there was any one in the room who could identify the prisoners. He con sidered that in a case which involved charges of exten sive robberies, testimony as to personal identity ought to be produced before he could proceed. Mr. Johnston said, that by a singular accident there was a gentleman present who could identify the prison ers. It happened that a brother of the prisoners, who resided in Eastcheap, had been just under examination before the Commissioner of Bankrupts, and by mere accident, and never expecting to see the prisoners in the Justice-room, the gentleman, who was a creditor to the bankrupt's estate, and had attended the meeting, walked in and at once knew them. The witness alluded to stated that he was quite sur prised at seeing the two prisoners, whom he knew to be the two persons mentioned in the warrant, brought into the Justice-room in custody. He had seen them about a year ago, with their brother, who had been just under examination as a bankrupt, and who was indebted to him about 2,000/. He knew that they had disappeared from the establishment at Golspie, and he produced a letter from the principals of the Aberdeen Bank, which stated that fact, and that it was apprehended they had escaped out of the country, as they had contrived to have a younger brother of theirs to do the business of the concern during the first three weeks of their absence. 'The LORD MAYOR—Are there any bank notes mis sing? I see that the placard offering the reward says that a vast deal of property was taken, including a quan tity of plate, and that books and papers of consequence had also disappeared. Has there been any clue to these ? Mr. Johnston said that be was not, as yet, in posses sion of the details. He had merely had notice of the necessary facts to justify his proceeding, and he had im mediately given instructions to Forrester to look sharply after the alleged delinquents. John Christie—We have not taken a single book or document, or paper of any kind from Golspie, nor have we taken one halfpenny away from that place, nor a single article of plate. Nothing whatever have we taken from thence. The LORD MAYon—lndeed! How, then, is this money to be accounted for ? John Christie—That money was got in London. The LORD MAYOR—Do you mean that ;his money is not the property of the Bank at Aberdeen ? John Christie-LI do mean to say so, most distinctly. Not one shilling of it belongs to the establishment. I am aware that but little credit will be given to any thing persons situate as we are may say ; but I think it necessary to declare that the bank has nothing what ever to do with that money. The LORD MAYOR—Did you not get any notes of the bank changed ? John Christie—Not one. The LORD MAYOR—Let the luggage be most par ticularly searched. James Christie—Nothing will be found there but clothes. You have all the property we are possessed of. I have been recently engaged in a distillery. The LORD MAYOR—Have you had any connection with your brother who carried on business in Eastcheap, and who is now a bankrupt ? John Christie—No ; we know him only as his credi tors to the amount of 3,0001. In fact, it is to that cir cumstance we owe our present condition ; it is entirely arising from that calamity. We never meant to ab scond. The LORD MAYOR—HOW then can you account for going on board the vessel in which you were appre hended ? John Christie—lf we had any intention of absconding and avoiding inquiry, we could have easily effected such an object. We have been to America, and we came back to this country purposely to give every explanation. . The LORD MAYOR—In America! and . came back to explain! How then did you happen to be found in the Iberia ? John Christie—Finding upon our arrival here that such steps were taken against us—for we had heard that there were placards offering rewards and accusing us of theft—we thought the most prudent course we could pursue under the circumstances would be to leave England. The LORD MAYOR—In what ressel did you go to America ? John Christie—ln the Britannia. We sailed from Liverpool on the 4th July in that vessel, and we need not have returned, but we came back, for the purpose of explaining everytlung, in the British Queen on Satur day last. _ James Christie—We left sufficient funds to meet a: our obligations. The Lonn MAYoa—Were you both agents to the bank ? John Christie—We were both named in the contract but my brother James has not been concerned these two years. He has been, as he has stated, connected with a distillery in Golspie. The LORD MAYOR—Was your brother in London a bankrupt before you went to America? John Christie—Yes, and we knew the fact ; we are jointly his creditors. The LORD MAYOR—.It seems from the bills that the books and plate are missing. What can have become of them ? James Christie— We know nothing whatever of them. When we left home, we had no idea of stay ing away. We took neither book nor paper. Mr. Johnston produced a paper which he said was found upon John Christie, and happened to be one of those the prisoner was accused of having taken. It related to a pecuniary transaction, and perhaps they could explain it. John Christie said that be came possessed of the Patin. accidentally. He should, at the proper time, ex- plain everything. The LORD MAYOR—DO you wish to say anything more ? John Christie—Nothing ; but that we are desirous to go as quickly as possible to Edinburgh to have every thing investigated, and to have the assistance of our friends. The charge of taking books and papers from Golspie is quite gratuitous, and nothing is to be found amongst our clothes. Mr. Johnston requested that his Lordship would al low Daniel Forrester to take the prisoners in custody to Edinburgh, and his Lordship consented. The amount stated to have been received and not accounted for by the prisoners was, upon a rough guess, said to be about 10,0004 It is stated that the parties who arc responsible for the sums deficient are so ex asperated, that they determined to apply to the autho rities of any country to which the prisoners might have repaired to give them up, by an appeal to the common principles of justice. BO W-STREET. ROBBERY BY A POLICE CONSTABLE.—Wm. Reeve, a constable of the P division, was yesterday brought before Mr. Henry, charged with having stolen a great coat, value 205., the property of another constable in the same divisi on . John B rown, 5 2 F , state d t h at h e h a d k nown the prisoner a considerable time, and his friends, residing in Norfolk. On Thursday night the prisoner, who should have been on duty, had absconded, and the pro perty being missed from a closet, where it had been safe the morni ng prev i ous , susp i c i on f e ll u p on hi m ; an d Witness bein g sen t i n t o th e City to se a rch for him, h e discovered him walking in Long-alley, with the coat produced upon him. Oa being asked why he committed such a robbery, and where he intended to go 7 he said it was his intention to have gone home, and to send it back in a few days. In answer to the charge, the prisoner said, that being in ill health, he wished to return home, and had taken the cash for that purpose, which he intended to return on his arrival, as he came from the same part of the country as the prosecutor. Superintendent Ludcock proved that for the short time the prisoner had been a constable he had con ducted himself as an officer i❑ a very creditable man ner, but the fact of his not having applied for leave of absence, and absconding from duty with the police clothing, formed, under the Metropolitan Police Act, a separate and distinct charge, for which he should an swer should the present charge not be sufficiently proved against him. The prisoner produced a character from a gentleman in whose family he had been servant, declaring that he had often had valuable property in his custody. No charge had ever been brought against him on any for mer occasion. Mr. HENRY said that as it was not in his power to treat the case in a summary manner, the prisoner should be committed for trial. SPORTING INTELLIGENCE. BLOXWICH RACES.—MoNnAr. The Trial Stakes of 4 sovs. each, twice round and a distance, were won in two heats by Mr. Yates's Jim Crow; the Hurdle Race Stakes of 5 sovs. each were won in three heats by Mr. Hughes's Lansquenet ; and Mr. nibble's Miss Anne beat Mr. Friend's Dame Durdan in a match for 201. TUESDAY. The Handicap Stakes were won in three heats by Mr. Hughes's Lansquenet, beating two others ; the Beaten Stake by Mr. Friend's Proteg6e ; and the Pony Race by Mr. Jones's p. WEYMOUTH RACES. —WE oNEsuA v. The Weymouth Stakes of 5 sovs. each, with 25 added. Two miles. (6 sub s .) Mr. Galpine's Blemish, 3 yrs, 7st 51b Major Shirley's Ochiltree, 5 yrs, 7st 31b Mr. Hopkins s Peg Leg, 5 yrs, 7st The Pony Race was won in two heats by Mr. Carlile's gr m Violante, Bst 71b, beating Mr. Sims's Lady Paulett, 7st 81b ; and the Hurdle Race Stakes of 3 sovs. each, with 25 added, winner to be sold for 701., Gentlemen riders, were won in two heats by Mr. Beavis's g Dandy, aged, 12st, beating Mr. Jen kins's Nun, siz yrs, llst 11b, and another. PLYMOUTH AND DEVONPORT RACES— WEDNESDAY. The Produce Stakes of 15 sovs each, 5 ft. Once round. Gentlemen riders. (4 Subs. ) Mr. C. Trelawney's Rosemary, 4 yrs, lOst 91bs Capt. Lee's Calypso, 4 yrs, lOst 91b A good race. The Saltram Stakes of 25 sovs. each, 10 ft, and 5 only, if de clared. Once round and a dis. (29 Subs, 20 of whom declared.) Lord Morley nd Cracksman, 4 yrs, 7st 101bs (Horsley,svn.) 1 Gen. Gilbert's Passport, 5 yrs, Bst 51bs Mr. J. Harris ml Tory, 5 yrs, 7st 1 Jibs Mr. G. Gregor nd Harmodius, 4 yrs, 7st I Ilb The Plymouth Plate of 701., added to a Sweepstakes of 3 sovs. each for the second ; three-yrs-old, ist 41b ; four, Bst lOlb ; five, 9st 51b ; six and aged, 9st 101 b ; winners extra, &c. Heats, two miles and a distance. Mr. Forster's Combat, aged ..............(Mr. W. Sadle r ) I I Mr. Ley's Abracadabra, 3 years Sir E. Baker's Montezuma, 4 yrs Mr. Treen's Doncaster, aged, and Mr. Downs's Harmodius, 4 vrs., also started, but were not placed. The County Members' Plate of 25 sou., with a Sweepstakes of 5 sou. each added. Heats, once round. Gents. riders. Sir W. Caress's Eden, 5 yrs, list 71b...( Gen. Gilbert) 1 I Capt. Lee's Sultan, 12st I Ilb A good race. The United Service Plate of 401. Mile beats. Mr. Forster's Variety, 3 yrs, 7st 101 b ( Burbidge) I I Mr. Downs's March First, 5 yrs, 9st 81b The following also started, but were not placed :—Sir E. Baker's Spume, aged, lOst 21b ; Mr. Treen's Doncaster, aged, lOst 21b ; Capt. Lee's ch in Sarah, aged, 9st 121 b, and two others. A fine race. TUNBRIDGE WELLS RACES.—THURSDAY. The Town Plate of 50/. The winner to be sold for 120/., &e. Heats, two miles and a dis. Mr. l3alchin's Clematis, 3 yrs, Est 121 b ...(Esling) 1 I Mr. Shepherd nd Ascanius, 5 yrs, 9st Mr. Monk's Nominee, 4 yrs, Bst 71b Mr. Wickham's Curate, 4 yrs, Bst 71b Two others started. Won cleverly. The Stewards' Stakes of 3 sovs. each, with 40 added, for the beaten horses. The winner to be sold for 80/., &c. Mile and a half heats. (4 subs. ) Mr. King's f Dahlia, 3 yrs, Est 111 b. . (Esling) 4 1 1 Mr. Monk's Nominee, 4 yrs Sir. Shepherd nd Maid Marian, 6 yrs, 9st 21b Mr. Jenkins's Kate Kearney, 5 yrs, Bst 121 b 3 3 dr Won easy. The Hurdle Race ; 1 Ist each : one mile ; was Won in two heats by Mr. Woodhouse's Gorsebush, beating three others easily. HUNTINGDON RACES—THuRsDAY. The Huntingdon Stakes of 5 goys. each, with 15 added, for all ages. The winner to be sold for 120/., &c. Heats, once round. Mr. W. Edwards's fby Plenipo, 3 yrs, ist 51b (Cotton) 1 1 Mr. Burcham's Diana, 3 yrs, 7st 71b 3 2 Mr. Booth's Hahneman, syrs, Bst 121 b... 2 dr The Members' Plate of 501., for three-yrs-old, &c. Heats, once round. The winner to be sold for 2501. Col. Peel's I-am-not-Aware, 5 yrs, Bst. 131 b (Nat) 2 1 1 Mr. Booth's Lobelia, 5 yrs, 9st 71b 1 2 2 Lord Sandwich'. Normanby, aged, 9st 51b 3 3 3 A - goria race. Match for 25 sovs., last half mile.—Col. Peel's Huon, 2 yrs, 7st (sat), beat Lord Sandwich's Normanby, 6 yrs, 9st 71b. CRICKET. KENT v. ALL Esor.allo.—The county of Kent boasts, and justly too, of the finest cricketers in England. They have tried their hand this week with eleven players, selected from all England, and have come off victorious, as will be seen by the subjoined score. The game was to have commenced on Mon day morning, but owing to the heavy rains it did not begin till five o'clock in the afternoon, and was not over till Wednesday evening. Filch, the pride of the Kent eleven, did great things with his bat, although he had the two great bowlers of the north and south of England, namely, Lillywhite and Redgate, to contend with, and also the inimitable Sussex cricket-keeper, Box, whose activity excites general admiration in the cricket ting world. England—First Innings, Byes 12, wide balls 1, 13 ; Total 80. Second Innings—Byes 3, wide balls 3,6; Total, 74, Kent—First Innings, Byes 4, wide balls 6, 10 ; Total, 110, Second Innings, Bye I ; Total, 45. EVENING EDITION. THE SUN, LONDON, SATURDAY, AUGUST 22, 1840. MARKET INTELLIGENCE. F READ. The blhest trite of tir PRICE eal i • O the Marordis is 11'd for the 41b. Loaf Gaol Bread may be had at Rt. PRICES OF SEEDS. Per Cwt. I Per Quarter. Nov English Rea Clover...sos 130 s St. Fein —s Ms lOs Old 1 W. Ditto ... ...... —s —s —s Rye Grass —s 12s 50s New Foreign Ditto —s 50s 75s Paeey Grass s—B —8 01.1 Ditto Ditto —s —s —s Dnseed, for re ding ~.—s 488 51s r , cw White Clover 40a s('s 6:sDit o, for sowing .......—s CO 70s Old Dia , Ditto —s —s —siDitto, for crushi„g ....—s 42s 46s .tw Tre oil .... —s 16s 345,1-tern, —s 36s 423 Old Ditto — s 17s 2r's Canary —s 95s 105 s Tr folium s ::08 36's Per 13,.5he1. English Carraway —s 46s 50s l White Must,.rd ....14s Od to Ws Or Foreign Ditto --.: 458 4Ss Brown Ditto ira Od to 203 Id Coriander —s 12s 16s,Tares BBod tc 13s Oa PRICE (IF OIL. Rape Oil, brown, per ton Ditto, refined Linseed Oil Lins ed Oil Cake at the Mill Rarer ake, per to,i PRICE OF TALLOW Town Tallow ~ £o 13 Ut Yellow Russia White (; Soap Ditto 0 0 £39 U 39 0 0 9 10 (per 1000) 14 14 7 0 V, SOAP, &c. per 1121 b. I Melting Stuff I £2 0 Ditto Bough 1 6 Graves Good Dregs 0 5 :A:f, per stone of 81bs. PRICE OF RAW F Price of Tallow (as stated by the '1 COAL N Ships arrived since I s. d. Derwent Main l7 0 Original Windsor's Pontod H Tautield Allsr Walls End Bell and Brown .20 Walls EL.d Pewicse and Co 2l Walls End Dunn's l6 0 Walls End Killingworth 0 3 Walls End Belmont W. E. Braddyll's Helton 21 0 Walls End Hetton 22 Walls End Hedl,y - 2O 0 Walls End Lambton ...... 22 6 'allow Melters) —2 s. Ilid. rARKET. last market—day, 64. a. d. Walls End Pemberton 2O 0 Walls End Russell's Hetton 22 3 Walls End Stewart's ;26 0 Walls E,,d Whitwell 2l 0 Fermat - it's Hartlepool 22 3 Wall, Endßichardson' s Teesl9 0 ‘Nalla . End Seymour Tees 2O 6 Walla End Tees 22 0 Walls End Tees Hetton 18 0 Howard's Netherton Main lB 0 Hartley 2U 0 (From the London New Price Current of August 21.) SUGAR.—There has been an excellent demand from the grocers for both brown and yellow descriptions of British Plantation Sugar this week ; the refiners have been buyers to a fair extent, and the rates previously established have been fully maintained, indeed for low and middling kinds Gd advance has been paid, and in some cases even Is. Barbadoes sold briskly, fine sorts at former rates, low yellow went at 82s to 82s 6d, middling 83s to 83s 6d, good 84s Gd to 85s, fine 86s; privately good brown Ber bice with some better amongst them has been disposed of at Ils, rather better Jamaica 82, middlinz grey and yellow from the different Colonies 83s to 85s, good yellow St. Kitts and Antigua 86s, and under 80s nothing of dry brown is to be bad, and even at the above rates some mer chants will not realize. This afternoon prices were again rather higher, making the advance for the week 6d on good and fine yellow, and Is on brown and middling yellow sorts. The purchases have reached 2,600 hhds and tierces. The market closed with a firm appearance, dark brown at 81s per cwt. REFINED.—Prices have been firm for Refined Goods, and the home trade have purchased freely of all descrip tions, paying 107 s 6d to 106 s for standard lumps ; for good Tittlers and Hamliurgh Loaves 109 s to 110 s, fine Ills to 112 s, brown lumps ordinary 103 s to 104 s, good and fine 105 s to 107 s per cwt. Treacle 40s. 6d to 41s. Patent and the best old make 42s to 45s per cwt. Bastards have been in good request, and former rates supported. Pieces at rather higher prices ; of Goods Refined in bond, for shipping a few sales have been made, fine Crushed of si milar quality to the standard sample at 345, and Loaves at 38s, for 14s, and 39s for 101bs. For Crushed 33s 6d would be given for large parcels. Treacle has sold freely at 14s to 14s 6d. Dutch Crushed at 31s 3d on board at Am sterdam. M AFRITIUS.—This afternoon 3,790 bags at public sale met with ready buyers, and at prices Is above those of the last auction for brown and 6d for yellow descriptions, low to fine brown we n t a t 77s to 81s, low yellow 81s 6d to 82s, middling to good middling 83s to 84s 6d, guud and fine 85s to 87s 6d per cwt. EAST INDlA—Bengal at prices Is to Is 6d above those of the last auction; good middling white rather yellowish realised 85s to 86s, damps and washed 83s to 85s 6d, very low damp brown 67s to 67s 6d, rather bright 76s 6d per cwt. For Manill a t h ere are yet few buyers; holders will not sell excepting at stiff prices, white at 25s to 28s 6d per cwt., Java strong grey at 26s per cwt. FOREIGN.—White Havannah bought in at full prices, viz., at 35s to 37s for middling and good of excellent colour, the damaged, however, at reduced rates, low soft went at 27s Gd to 295, rather better 30s, good 31s 6d ; since the sales, however, 40 boxes of the sound have been sold at 375, and 80 boxes at 369 6d for good quality; low and middling quality at 34s 6d for St. Petersburg, Yellow went at 22s 6e to 23s 6d for low and middling, 24s 6d for good quality, and a floating cargo of 2,000 boxes for this port at 25s for very good quality. Bahia, middling white at 26s Gd, yellow 22s 6d, soft grey 24s per cwt. COFFEE.—In the early part of the week the trade w as desirous t o p u rchase British Plantation, and full prices were paid, by private contract; yesterday, however, there i4WENING FDIT/oN. • was less activity in the market, and at the public sales, consisting of 150 casks 130 b irrels and bags chiefly Jamaica , the trad e sheaved littl e inc li nat i on to purchase, and a si nsq ', part only was dispo se d of, but the merchants display ed firmness, and former rates were supported. This afternoon all clean descriptions of both East and West India ware in steady request for home consumption' and prices were firm. The public sales consisted of is casks 34 barrels 85 bags British Plantation, 269 bags Java, and 527 bags Havannah British 'Plantation of cle an quality sold at former rates; Dominica, fine ordinary fetched 95s 6d to 100 s, unclean sorts were nearly al l taken in ; low middling Berbice at 105 s ; J ava sold at 62s 6d to 69s for good and fine ordinary pale. low and middling 64s to 66s 5d ; Havannah for exportation only, taken in much above the value, viz. at 60s for fill ordinary coloury, 54s was bid. B y pr i va t e trea ty goat' ordinary Java sold at 68s, and Ceylon 37s tid to 883 ' per cwt. Rum, BRANDY, AND HOLLANDS.—There has been considerable falling off in the demand for Rum, and price/ have given way ld for Leewards, but Jamaica has main" tained its former currency, the supply being short, espe cially of strong descriptions, and which are the most in re quest; the sales of the former have been only 220 pun t 's proofs to 2 per cent. over at Os 7d to 3s Bd, 3 to 5 over 3s 9d to 3s 10d, 6 to 12 over Os 10.4 to 4s, of the latt er only 60 puns have been sold at last Friday's prices. The demand for Brandy has been again very li m ited, both for home us e an d export, h o ld ers h owever arc no t in clined to submit t o any f urt h er re d uct i on, we quote Cognae first brands of th e v i ntage o f 1830 i n hhd s 5s I d to 5 3 20, puns 4s lad to ss, 1837 hhd s 4 s I Id to ss, puns 4s 9d to 4s 10d, 1838 hhds 4s 9d t o 4s 10c1, runs 43 7d to 4s 8 ‘" 1839 hhds 4s 5d to 4s 6d, p uns 4 s 4d. F or G eneva a fai r demand has prevail e d f or export at 2 s to 23 ld. Britis h Corn Spirits are held firmly a t 10 3 3d, at w hi c h a g oo d many contracts have been m a d e . SALTPETRE.—This aftern oon b u y ers were anx i ous to d° business at a public sale o f 2,284 b ags C a l cutta, t h e whole of which was readily disposed of at 27s to 27s 6d for re fraction 81 to 6:1, being rather higher. RICE.--There has been no public sale of any kind. Fo r Java holde r s h ave o bt a i ne d very f u ll rates. Bengal got white at 14 s t o 14 s 6d, l ow to good mid:: 1 9 s Gd to 133 6 ' !, per cwt. Carolina at 34s to 36s per cwt. To-day th e market was dull both for Java and Bengal ; but holders refused to submit to lower rates. 94 bags Bengal at auc tion sold at 13s for midd white. On.s.—There has been an increased demand for al l kind of common Fish Oils for home consumption, a further advance of 30s to 40s per tun for Southern and Seal ; by private treaty 261 lOs to 291 has been freely paid for th e farmer of low mid and good quality ; for the latter 331 166 to 34/ for pale, and 281 to 32/ for yellow and brown. F er exportation at similar rates, Southern, first quality, at '2B/ lOs to 291; second ditto, 27/ 153 to 28/ ss; third ditto , 261 10s to 27l lOs ; very dark, 251 to 9 5/ les ; for fin e pale, 291 10s is wanted ; Cod, 291 lOs to 291 153. Pa le Seal for arrival at 331. Sperm at 971 10s t ° 981 for first quality. For Linseed Oil, both on the spot and to a r rive, p r i ces h ave a d vance d 6' to Is ; sales for the former purpose have been made at 30%. and for one parcel of 100 tuns to be deliverable in three months 31s has been paid. Rape pale at 40s to 40s ficit and brown 39s to 39s 6d per cwt. Palm at 371 per tun, East India Cocoa Nut at 42s for good quality. East India Teel Seed 37s to 39s 6d per cwt.. Headmatter by private contract of fine quality is selling at 1001. ; at auction, 10 casks inferior went at 961 per tun. MOLASSES.—West India at rather high rates; Dominica' good, has fetched 44s to 455; St. Vincent's 43s ; An tigua, fine, 45s ; Barbadoes 46a per cwt. TEA.—In the early part of the week there was an ex tensive demand for Free Trade Tea of all descriptionS , IS / supply the wants of b o th t own an d country d ea l ers . an prices again advanced. Since the sales, however, there has been less demand for free trade Tea, an d th e o p erat i ons h ave b een on a slue!, scale, but prices have been firm, and common Congou for cash is not to be purchased under 2a 4d, and ord Twankay 2s 31c1 per lb. There has also been less activity in th e speculative market, and prices have declined to 2s 3 i dtc) 2s 4d for Company's C ongou f or cas h . Th e ce asst . o r, in the demand is principally to be attributed to five vessels being near at hand from China with about 4,500,000 which 'ht.' of Tea, add e d t o the Lau ra f rom Singapore wit' 3,313 chests, 4131 chests Congou, 7424 chests Twan ka y' 261 chests Hyson, 77 chests 400 twenty catty bo xes Gunpowder, 4312 chests Muey, and the Gem frog' the Cape with 2,600 pkgs have arrived. For Tuesday four public sales are announced, consisting of 4,900 pkgs; 4,000 pkgs are also declared for next Friday. To-day the market ruled dull for free trade, but in prices no material v ar i a ti on occurre d , C ompany ' s Gong° is offered at 2s 34d cash, but few buyers thereat. Free This afternoon the ma r k et closed quiet; common A c Trade Congou and T wan k ay at 2s 3d to 98 caalh ba - d. these figures, however, no t many parce l s were to be st For Company's C o n gou f ew b uyers, 2s 3i-el wa s the nea rer price for cash on 'Change. Hors.—The duty has fallen to 28,0001., there has b i e c e e n s an extensive demand for ac t ua l consumpt i on , and Pro, have further improved, the supply has become very u ict 0 11 TALLOW.—The market f or R uss i an was r ather 6 1 be s pot Monday and Tuesday, and there were sellers on t hen, and to arrive at 51s 9d to 52 s f or fi r st quality; peters'sin however, prices have advanced to 52s 6d for St. . t he burgh Yellow Candle of first quality. For delivery In last three months, a good deal of business had been trans' acted at 52s 6d to 52s 9d per cwt. Of South American, several parcels have been sold privately at 46s to 51s for middling and fine quility. This afternoon there was less activity in the market, still prices were firm at 52s Gd for I'etersburgh yellow candle on the spot and to arrive. At public sale 236 pipes 26 lihds South American mostly sold at 44s to 50s for low to fine quality. COUNTRY CORN MARKETS. Wheat. Barley. Oats. Beans. Pease. Per Quarter. s. to s. s. to s. s. to a. s. to it. s. ,t . Abingdon...... CO 76 20 3'4 28 35 4 8 52 46 '1" indover" 63 75 20 32 29 32 oanbury ——3 O 25 32 V Basingstoke— 66 7,) 30 34 27 30 49 52 42 7irpncester 64 96 32 33 29 35 40 42 --.. ".. Coventry...-. 69 45 25 38 46 40 i'i l Gar entry —. 68 72 39 44 '2B 34 30 44 -. .., Derby., —. 65 74 8.5 36 34 36 50 51 -. ~, 'Lowden.....,. 72 —•— 24 40 42 -: is Hungerford— 54 76 52 40 25 33 36 4o 3 4 .... Malton ...... 68 76 35 38 22 33 . Maidenhead,. 5S 81 35 48 25 34 37 46 -7,', 43 Nottingham 54 '73 32 34 31 25 47 51 4 " .... Wantage ........ 68 80 50 46 22 28 36 40 ""' ..... Warwick— 32 45 29 L 8 —. ... 40 Worcester 70 36 29 43 --- ..., Y or k . 40 80 32 46 22 30 .... J. f'• Per Bushel. c. d. s. d. Lc!. s. d. s. d. s. d. soi, a, d, A 7 0 Birmingham '7 6 96 39 53 40 4 9 56 6 6 6s' EDINBURGH CORN MARKET. —Aug 19 ea gni. Wheat. Barley. Oats. Pease. - ,i, 00 First B4s. 00. 425. Od. 375. 81. 51 s . Od• ~- . 7 &Toni, 7O 0 38 0 31 0 47 6 0 Third - Average price of Wheat 3/. Os. 21. PRICES OF PROVISIONS, £C. li.n d. Os. sd. toOs.7d. Freslißutter, lb. L 10 ,1 . t o 0 IL 0 5 0 7 S a l t Ditto* 0 1 0 0 0 0 0 7 010 Ditt o , per cu t• «SO 0 0 0 -----........ 0 5 of , E g g s , p er dos... A 9 14 ° Limn, pe r qr. ~...... f. - : 0 5 0 DatStraw(kpl.)..,lo 0 0 6 fallow, cwt......... 42 0 45 0 Wheat Ditto...., 8 0 l ia 6 Quartern Loaf «.,u 111 010 Barley Ditto ««8 6 Potatoes, 141 b, ....... 0 6 0 0 Hay, per5t.,......,.. 1 3 1 4 EDINnUROH MEAL MARKET.—Aug. 18. Per Sack of 2801 b. Imp. Per Stone of 1416. imp. gl O Q First Oatmeal 10 ty Second ditto, j ii Barleymeal 1 1 3 0 Barleywal ....... .......--• 0 0 1 - Peatemoal 1 1) 6 l'easemeal . Pot Barley from 325. to 525. per sack. Beef, per lb. ... nliitton ----- PnrK, CORNWALL MARKETS. (Calculated at 9.4 gallons to the bushel.) Wheat. Barley. 2_,..... /. 1 ". s. d. t o r: d. s. cl. to s. d. s. LI. t• 9 Truro — 0 8 4 0 4 6 0 3 0 Helstone St. Austell o9o—o 4 Li — 3 ll 088—044 0 3 u„ :,iskeard 8990394 3 -- . . 3 Launceston ?enzance I•t•O r MINING INTELLIGENCE. Tun'.o 0 i 0 Quantity of Coppe r ores so l d at Itedruth last week...!; iBO Average Produce 8 %.,. 0 MINING INT Quantity of Copper ores sold at Average Produce Quantity of fine Copper Amount of 5a1e,:9.4"35 . 12 . Oci . A verage Standar Tons. CaLQ" 0 4..4%80 0 , a 0 --- 2,8 rd,llol. s.o.fLeg tb SPOONS and FORKS, strongly plated ° mi l Silver on a white metal, and consequently not liable by lop to show any other colour. Table Spoons or Forks 2 1 ' o, per dozen. Dessert Spoons or Forks, Two Guineas per d ° 'o 3 l Tea Spoons, 255. per dozen. Gravy Spoons, 9s. 6d. °II Soup Ladles, 16s. each. I'. COX SAVORY, Grac e ' Silversmith &c., 47, C orn hill (S even doors from church-street) London Silv er N.B. A Pamphl e t, con t a i n i ng a li st of the prices o f as , Plate, Plated Good s , W a t c h es, Cl ocks, &c., may be ha d gra lid, or will be forwarded, post free, in answer to a post paid app cation. SHEFFIELD MADE PLATED DISH 14, VERS.—A. B. SAVORY an d SONS, Goldsmiths, f o r Cornhill, London, opposite the Bank if England, sukt selection, in th e i r s h ow - rooms, a very largo variety of 6. el:- FIELD SILVER-PLATED DI SH COVERS, fr.„,7, gad teen Guineas the set ; th ey have silver edges aad „1 silver shields for engraving the crest or coat of arms. Double Dome Pattern. The Melon Pattern. Size. 5. d. l size. r il 1 Plated Dish Covers, 20 i n . 5 a CI Plated Dish C ove r, 20 P.• I 14 1 , Dish Cover, 15 i n . 4 7 611 Dish Cover •if ~ Dish Covers, 14 in. b 12 012 Dish Crivers,l4 in. Per Set £ls 1Z 91 Plated Currie or Hash Dishes seven Gu P in er ea ge st 7.64 e it! i i s l et, Price Current, Stamped as a Newspaper, sontaining stral i . e f. and every information relative to the purchase of silver or e m oo field plate, may be had on arTlication, or will be sent int o country, free of postage, in answer to a paid letter. BIRTHS. On the 11 th inst., at Earnshill, the lady of Lioutooant Hare, R.N., of a daughter. Kent , On the 14th inst., at Southwood House, near Eltham, the lady of W. J. King, Esq., of a daughter. MARRIED. 1 On the 20th inst., at the chu rc h o f All S a i n t s , poplara,. . 0 James, Esq., to Margaret Campbell, daughter of W. 13 i ' Esq., R. N.., of Granton, Edinburgh. ls' On the 20th inst., at Claines Chu rc h, T. Sk e ldieg, o f E j„ ton-square, to Ann Ursula, youngest daughter of the l a l Wakeman, Esq., of Worceste r , and first cousin to Sir °ney. Wakeman, Bart., of Perdesvrell Hall, Worcestershire. DIRD. On the 17th inst. Henry Robert s , E sq ., o f Queen Char lotte-row, New-road, aged 62. On the 19th inst., Mr. W. W. 13urford ,of Gibson-squ are ' Islington. On the 19th inst., at Stonehonse, Major Andrew Kinsman' Paymaster to the Royal Marines, Plymouth. On the 20th i nst ., at P ar k -crescent, Port l an d-place, th e Hon. Lady Edmonstone, wife of Charles Woodcock, Esq' n j On the 20th inst., at Herne Bay, Kent, Mario, se e° daughter of Mr. Richards, of Oxford-terrace, Hyde P ark. of On the '2oth inst., at Hampstead, John Tyrrell , Es q ., Lincoln's-inn and Kew. On the 20th inst., in Weymouth-street, Jane, wido w of the late Col one l D oug l as, of the Hon. East India Company' Service. London Printed and Published by 1111111.1)0 YOUNG. °. l ' No. I ItltStrand at 7he Sun Offiee, No. 1 12 , strand .111 the countl , of Middlosez.-.-Saturday, August 22, 1640. / A :111 A