The British Press; or, Morning Literary Advertiser.
London, England, 1825-08-13 00:00:00

NORTHERN CIRCUIT.

CUMBERLAND ASSIZES, CARLISLE, Aucurs
HALLIDAY V. ATKINSON AND ANOTIIREE. _ .

Mr. SCAHLETT stated the case. This was an action brought
by the father of the plaintiff, a minor, against the defendants, who
were the executors of a person of the name of AUKnight, late an
innkeeper at Whitchaven ; and the object of the action was to re-
cover from the defendants the sum of 1001., being the amount of a
promissory note, made by Allinight in favour of young Hal-
liday, on or about the 2d of August, 1821, and just previous to the
death of AUK:tight. He iMr. Scarlet) knew not what possible
defence could be set up to this action, inasmuch as he would be able
distinctly to prove the intimacy of Halliday and his family with
Al• Knight, and the making of the note by hint, and witnessed by a
person of the name of Wand.
Mt... Bland having given his evidence,
The pmmissory note was put in and read, and Mr. SCARLETT
said that he had closed his case.

Mr. BROUGITAX, for the defendants, addressed the Jury, and
said that his clients were only discharging a duty imposed. upon
them in defending the present action. They were the executors
under the will of Al-Knight, and now found it necessary to
oppose this claim in justice to the different parties interested In
the affairs of M`Knight. The facts of the case were simply these,
—The Ilalidays were acquainted with 111`Knight, who was a man
inveterately given to intoxication, and in a moment when he was
most under its influence, he had signed, or was forced to sign, the
instrument on which the present action was brought. Being of the
nature of a promiasory note, the valuable consideration was infer-
red ; but if he could prove to the Jury, as he was instructed he
should be able to do, that this promissory note was made when
11'Knight was io such an unsound state of mind as not to be able to
manage Ilia own affairs ; that it had been got up in some species of
fraud, either to save the legacy duty or for some other improper pur-
pose ; then he submitted, that in failure of proof of valuable conside-
ration given him for this note, the present action could not be main
tamed. The Learned Counsel submitted to his Lord ihip, that there,
was no case to go the Jury, as no valuable consideration had been
proved, though notice was served to require that proof.
Mr. Baton MI:I.LoCK said, that in his opinion, there was
enough fur the consideration of the Jury.
Mr. Mitchell, a surgeon, was then examined, to prove that
M 'Knight was of unsound mind, and addicted to habits of drunken.
nes,. In cross-examination he admitted that he was a witness to
M 'Knight's will, made about the same time at which the bill in
question was given.
Margaret and Anne Bateman,
similar evidence as to the of his

Mr. SCAIILITTT replied,
), when the Jury, after ► '
aintilf—dftmages lOW.

LAW
COURT OF -
PILt-.OGTON
In this matter, which relates re the er.
Rorre raid that the Manor had not been able to complete to.
desired arrangement. He hoped, therefore, his Lordship would
consider better, that for the pro sent the wstd should remain where
she was.
The LORD CHANCELLOR agreed to the application.
VS-PARTE CRAHR IN THZ MATTER OF DOT/S.
In this case a commission of bankrupt was sought to be super.
seded, on the ground that the solicitor by whom it had been taken
not had made an alteration sod erasure in the name of the bankrupt.
It appeared that the commission had been issued against a person
of the name of Robert Dod, a linso-draper, residing tn High-street,
Southwark. The commission was properly worded, and the cre-
ditors proved their debts under it. Assignees were chosen, and
every thing proceeded, with reference to the estate and effects of the
bankrupt, under the impression that the commission was a perfectly
good and valid commission. It turned out, however, that the naive
of the bankrupt was Dods, oad not Dad ; and the solicitor, Mr
Lister, instead of applying to the Lord Chancellor, who would
have ordered the mistake to be corrected, had thought proper to
rectify it on his own authority. Some time subsequently, having
been apprised of the consequences that might arise from such an
act, he erased the letter a, leaving. the name Dod, as it originally
stood. It was on amount of this improper and illegal erasure that
the petition had been presented, praying that the commission might
be superseded, and that the costs of the application might fall upon
Mr. Lister.

understood that this was the whole of the
evidence to be offered on this charge, asked the prisoner
if he had any remark to make ? at the same time cautioning him
that it was not absolutely necessary for him to speck.
The prisoner said he should have an observation or two to make
before the close of the examination.
A second charge was then preferred agalmit the prisoner, and
substantiated by evidence, for embezzling a 30e, note, part of the
interest upon the bills, which was paid to him in 'money at the Bank
of England.
Mr. LAW said this was the close of his case sgsinst the prisoner,
and he presumed Sir R. Birnie would think there was sufficient to
warrant a full committal P

.........
Sir K. DIRNIE replied in the affirmative.
Mr. Ilanstea said, he had one request to make on behalf of the
prisoner. lle had been in an ill state of health almost front the
moment of his apprehension on these charges, and had, indeed,
been in the Infirmary the greater part of the time of his confine-
ment in the House of Correction. and it would be a very great in-
dulgence to him to be permitted to go back there till the Sessions,
instead of being sent to Newgate. Ills comforts would be greater,
and he would have the benefit of the attendance of the same medi-
cal gentleman. Mr. Harmer added, that he believed it was the
wish of the prisoner to make an observation himself on a subject of
considerable delicacy.
The prisoner, ►dvancing to the table, said—" It has gone abroad
that my present situation is owing to a certain female intimacy, and
I wish to take this opportunity of declaring publicly, that there is
no foundation whatever for such supposition. I solemnly declare
that it is not true, and that my present predicament is owing en-
tirely to unfortunate speculations on the Stock Exchange." (The
prisoner here produced a written account, in which it was made to
appear that he had lost upwards of 6,0001. by speculations in the
funds or in joint-stock Shares.)

Mr. Curacy, on the part of his client, Mr. Lister, offered an
apology to his Lordship, and stated that he had inconsiderately
done that which had made him liable to the censure of the Court.
He (Mr. Ching) trusted that his Lordship would not visit with se.
verity the incautious sod certainly improper act which Mr. Lister
had committed. Mr. Lister, having been for Rome time in his
Majesty's service, had entered late into the profession which he
now practised, and therefore some allowance should he made for his
want of experience. When the error in the name of the bankrupt
was discovered he foolishly conceived that he might take it upon
himself to correct the error that had crept in. The Learned Coun.
eel added, that he had been unable to' communicate with Mr.
Lister since the matter had been before the Court on a former
day ;
but, as lie was perfectly conscious that Mr. Lister would be alto-
gether unable to set up any available defence, all he could do was
to submit* to the judgment of the Court, and in so doing he hoped
the judgment of his thrtiship would be tempered with mercy.
Mr. MosyraGu confirmed the statement made by Mr. Ching,
in favour afhis client
Mr. ROSE addressed the Court on behalf of the assignees under
the commission, whom he described as wholly innocent of the,
transaction in question. They had prepared a petition, praying
that Mr. Lister might pay thee-oats, which they meant to present,
in the event of his Lordship's superseding the commission. No
one had entertained the least doubt as to the identity of the hank-
rupt. The petition was now restored to the same state in which
it actually was when it passed the great seal, and therefore the
Learned Counsel trusted that whatever his Lordship might do with
regard to the person who had made the alteration, he would not
overturn the commission, but allow it to proceed as if it had been
valid abinitio,

The LORD CHANCELLOR said, that if Counsel wished to have
the matter further considered, he was extremely willing that it
should• take its course. The better way he thought, would be for
Mr. Kose to amend the petition to which be had referred, and in
that petition to pray that the present commission might, notwith.,
standing the irregularities complained of, be allowed to proceed.,
This might be done, but it could not be consented to unless it were,
done upon record. Ilia Lordship then directed Mr. Rose to amend
his petition, inserting such a prayer as should be adapted to the
circumstances of the case. This might turn out to be of so much
,importance upon future proceedings in bankruptcy cases, that he,
was of opinion R could not be decided by him unless the actual
circumstances were recorded in v registered petition ; but even then
he would nut pledge himself by saying that the Counsel would be
able to make any thing of it. If they thought proper to make the
necessary amendment in the petition intended to be presented, on
Monday morning he would answer it forthwith, and the matter
might be disposed of before the termination of the sittings. It was
impuesible for him to refrain from saying. that unless very strong
grounds were shown, he might be ultimately obliged to do that
which he had no inclination to do if it could be avoided.

One of the French provincial journals, giving a few de-
tails respecting the fair of lleaucaire, relates the following
order of the police :—" No coffee-house keeper or limona-
dier, either in the fair or in the town, will be permitted to
expose, at the counter or otherwise, for the purpose of at-
tracting visiters, Any woman, except his own lawful wife,
upon penalty of a heavy fine."

About three o'clock yesterday morning, the inhabitants
of New-street, Covent-garden, were alarmed by the dis-
covery of a fire in the house of Mr. Rawley, boot and shoe
maker, in that street. In a few minutes after the discovery
the engines of the Westminster Fire-office were on the
spot; but notwithstanding every effort was used, no ad-
mission could be obtained to Mr. Rawley's premises, the
lower part of which had become enveloped in one large
body of flame, which in a few minutes would have got to
such a height as to have baffled every exertion, but fur
the timely arrival of the firemen, who used their
tommahawks and forced open the door. A plentiful sup-'
ply of water being obtained, the fire was got under, but
not until it had very much damaged the lower part of the
premises and the stock in trade.
Sheehan, who has been so frequently mentioned as an
accomplice in the atrocious and horrid murder of the un-
fortunate Franks family, lately arrived in Cork from Li-
merick, under an escort of police. He has, we understand,
turned approver against some persons now in custody,
charged with aiding and abetting in that dreadful crime.

, probaum
cause of the disease—namely, a deficiency in the quantity
of chyle.
It is evident that there is a deficiency in the quantity of
the chyle, by the fact of his eating so little, and thus we
are led to examine why he eats so little.
We see no cause for the loss of appetite ; no malforma-
tion of either heart or lungs ; therefore the stomach may
not be supposed to sympathise with derangement of these
parts. It is more likely to be the cause, or part of the
cause, than the effect.
I am fully of opinion that this is a case of Marcores, oc-
casioned by an early obliteration of many of the lacteal
vessels and mesenteric glands, or a preternatural deficiency
of these vessels and glands, with a consequent early sym-
pathy of the stomach.
To explain this definition to the ordinary reader, it will
ressels

Sir R. BIRNIE—You had better hare said nothing. you don't I •
to
be necessary say, that thelacteal vt.... and glands ' •are
the
I media through which the chyle is taken up into ibis know what you are doing. I cautioned you before, but if you talk,
I must hear you. blood ; thousands of these little vessels are employed ih
Prisoner-3ly only object, Sir, was to clear the character of a sucking up the pure chyle prepared in the intestines from
lady who has been most unjustly calumniated. the food, and in transmitting it to one channel called the
Mr. Law said, this was all extraneous matter. Ile had to apply thoracic duct, which empties its contents (a white milky
So the Magistrate on another subject. lie understood that Sir. fluid) into the juncture between the left internal jugular
Vickery, the Governor of the House of Correction, had seized i ;
vein amtheleft su c v a vein.
1
1,11001. and upwards from the prisoner, and as it was already proved I
that he had einbeued more than 1,0001.' belonging to Messrs.. a strong idea of my definition of the disease, and I stake
Hoare, it was more than probable that part of this money was the my opinion upon it fearlessly. Should we hereafter have
produce of that embezzlement, and he (Mr. Law) had to request an opportunity (we hope remote) of obtaining a correct
that the 1,3001. mighwbe impounded, to be dealt with hereafter as report of the appearances after death, it will, I am firmly
the Judges should direct.
In a conversation which followed upon this, it was explained, of opinion, support my hypothesis.
that after the prisoner was first sent to the /louse of Correction, Muscles must be supported by good blood, and a suffi-
some friends sent hint about 1,3001., in the hope that he would be I dent quantity of it; good blood must be furnished by
permitted to make up his deficiencies. 31r. Vickery took it frornr good chyle, anti a sufficient quantity also ; the want of
Min, from a fear that some fellows in the prison might rob hint of
it, but gave it up again upon his formal demand. this supply will produce wasting. In the present case
The prisoner was fully committed, with permission to go to the there appears to me to be no cause but that which I have
laid down.
House of Correction till trial.

I shall refer to a simple fact to illustrate the hypothesis
I have endeavoured to establish ; and that is, the wasting
of the vegetable called green cole. Whoever has observed
a garden bed of them, must remember that they are, for
the most part, large and strong, growing to a considerable
height and extension, yet there will be found amongst
them several that are scarcely three inches from the ground,
and, although in life, evidently t - .ed. Examine the
roots of the latter, and it will be found that they are
diseased and obliterated ; these roots are to the vegetable
whatjlic lacteal vessels are to the man.
This case is decidedly atrophy or tales mesentericn ;
only that instead of an acquired disease of the mesenteric
glands, it is a preternatural clyieiency in them.

OYSTERs.—The liquor of the oyster contains incredible
multitudes of small embryo oysters, covered with little
shells, perfectly transparent, swimming -nimbly about.
One hundred and twenty of these in a row would extend
one inch. Besides these ytitang oysters, the liquor con-
tains a great variety of animalcules, five hundred times less
lin size, which emit a phosphoric light. The list of inha-
bitants, however, does not couclnde here, for besides these
last-mentioned, there are three distinct species of worms
(called the oyster-worm) half an inch long, found in oys-
ters, which shine in the dark like glow-worms. The sea-
star, cockles, and muscles, are the great enemies of the oys-
ter. The first gets within the shell when they gape, and
sucks them out.

r

MARKETS.
CORN-EXCHANGE, FRIDAY, AVG. 12.
We have arrived, up to yesterday, 3,150 sacks Flour. 2.800 q:s.
Wheat, :kW qrs. Barley, and 20,100 qrs. Oats. Fine Wheat was
'scarce, and full as dear as on Monday, but the inferior granary
samples were extremely dull sale. In prices of Barley, Beans, ant
Pease there was no material variation, but Oats were exceeding
heavy tale, and Irish must be quoted Is. per qr. lower than ea
Monday.

I
UXBRIDGE.
Corn Inspector's Return, Afro. 11.
Wheat, per lead - - 171 Os to 201 Os
Ditto (New) - - . 181 101 to 221 .51
Barley, per quarter - - - 11 18$ to 21 2s
Oats - - - - II 7s to 11 lae
Beans - - - - - 01 Os to 0/ us
Peas - - - - 21 76 to 2! 12s
- Rye - . - - 11 16s to 11 13$

NEWBURY. BERGS, Auo. H.
-58 s to 7.5 s I Oats . 261 to Sys
. 68s to Ols Beans . 542 to 60s
• OE to 30s Peas -45 s to 34i
Breed; psi gallon, Is 7d to is Yd

Wheat -
New
Barley

DEVIZES, Arts. 11.
Wheat and Beans at per sack ; Barley and Oats per quartet.
Wheat - 2tts Od to 3lla 6d Oats - 2is to 34s vd
Barley . 438 Od to A Od Beans -25 s to 224 (It

...,
urination he admitted that he was a witness to he received 6i..n and' iotd for bit:. Wllliiti; Christmas( die pri- the heart be placed whet
ode about the saute time at which the bill in loner) Exchequer bills, Nos. 3,634, 3.635. and 3,536, each for case), yet while it continue
1001., and paid the produce, with the usual deductions, to him.
me Bateman, two relatives of M'Koight, gave Cl...4 ne Ambroise Seurat, it
They were bills of the last issue of 1824. ()n the June wit.
to the taste of his mind and habits. extremities a the body,
summed nese received from the prisoner three more Eictiegner bills for
• replied, and Mr. Baron Hurtoce lOOl. each, Nos. 3,527, 3,528, and 3,529, which'h also sold. On stream quite sufficient for
after a few minutes deliberation, found for the the 14th of July he received and sold foie °thee -9( the same the blood be of proper qus
lOW. and interest since the date of the bill issue for lOW. each, Nos. 10,530, 10,531, 10,03, and 10,.533: blood, then, we are to look
malZakVethar 14" Witite4l ec4iveatirsught3 f" the am°ullt'achine (the heart) which
of
.111tirZ ran, paid over the Money to the ,
m
AW INTELLIGENCE. 4 ' eernadjbe the housed Moen The quality ef ale blood
Ai: iii • .
..;,,,. breathe—it may not be suff --wwww,.— - ..e0 ..‘ ,
CHANCERY, FRIDAY, Avousi 12. Hoare was called to therrintestekebekesylet
, . this is the case, symptoms I
porton' the Linn. ---rr ...
ery evident, which is
Otha evidence was then called to prove that the prisoner had are v , ,
PILLINGTON V. SMITH.
brought to account 1,0001, less than he had received ou the Exche. stance. ,
The a'teration of t
hied relates so the elopement of a ward of Court,
quer bills mentioned. must be sought for else
tat the Alma had not been able to complete the
m Sir R. 131 axt 1: having understood that this was the whole of the nion, with more propriety t
rt. He hoped, therefore,
Lis ilAirdiihi"cu--
evidence intended to be offered on this charge, asked the prisoner
a for the ornament the ward should remain where _ is formryl. This fluid is