The Sun.
London, England, 1830-01-08 00:00:00

SEAR V. SEAR.

This was the petition of the brother of the bankrupt,
to be permitted to prove under the commission (a Welch
one) for the sum of 9321. 10s. 6d., which he alleged was
due to him for repairs dune to certain houses, the property
of the bankrupt. The defence set up against the petition
was a total denial of the expenditure of the money, and
even if such a debt really was due, that it was barred by
the Statute of Limitations.

Mr. KNIGHT, who appeared as Counsel against the
petition, characterised the case as one of the moat impu-
dent and foolish that had ever been brought before the
Court.

His HoNoun, after a long argument, directed au itsue
to be tried at Hereford, as to what proveable debt was due
to the petitioner.

COURT OF KING'S BENCH.

IMPORTANT TO MARIN ERS••••••11AMMOND V. BLASE*

This was an action to recover from the defendant cer-
tain penalties under the Pilot Act, for refusing to take on
board a pilot in Margate Roads, during a voyage from
Rotterdam to Losidon.

Mr. CAMP/SILL objected that a party could not recover
theAe -penalties against a captain, for refusing to take on
board a pilot, unless at the time the pilot offered himself
he produced his licence.

Lord TENTERDEN decided in favour of the objection,
observing that a pilot was bound to produce his licence,
before he could recover the penalties. It was not sufficient
that he had the licence about him, if he did not produce it.
The plaintiff was consequently nonsuited.
HORSE WARRANTRY.—ALEXANDER V. BEVAN.

Mr. GUItNEY (with whom was Mr. KELLY) stated to
the Jury that this was an action by the proprietor of the
Horse Bazaar, against a coach proprietor, to recover 10/.,
being the price of a bay gelding, which had been sold by
the plaintiff to the defendant. The horse had been shown
to defendant, and offered at 12/., but the defendant pointed
out his defects, and said that it had broken knee., (which
was in fact true). He, however, afterwards said, that he did
not mind buying it at 10/. on speculation. The plaintiff
agreed to this, and sent the horse to the yard of the de-
fendant, who paid the man for bringing him. A few days

I.rwards, I nw •‘.. " the horse was sent back with a mes-
s that the phi ~if nut take the horse at the price.
The Learned i that the defence would be
that a w;:rnintry VV3, Vett of the horse's soundness, but
that, however, he would clearly prove was not the case.—
The Learned Counsel then called
Air. shiseph NVaterhott•e, who proved the sale, and that
there W 3. no warrantry. _ _

t;ir J. ScastLerr said he had fern well informed that a
warrantry had been given, and pressed the witness hard in
cross-examination as to whether or not he had admitted
yesterday to the defendant that a warrantry was given?
The witness, however, swore positively that he did not.
Sir J. SCARLETT (with whom was Mr. MILLaa), for
the defence, stated that he was instructed that he had a
witness who would prove clearly that a warrantry was
given as to the horse being sound, with the exception of
his broken knees; when, in fact, he died a few days after
the sale, of pharcy. It might however happen that his (Sir
J. Scarlett's) witness might deceive him, as it might also
happen to any one of the Jury, that a witness would come
to him, and tell him that he (the witness) would prove
his cause, at the same time that he meant to serve the other
party. The Learned Counsel then called
Michael Frost, who proved that 10/. was to be the price,
but swore that he heard nothing about the warrantry.

The defendant had no other-witness, and a verdict was
of course returned against him—Damages, 101.

THE FUNDS.-(THIS DAY.)

CITY, T WELYE O'CLOCK.

By way of New York, we have accounts from the
Mexican capital to the 3d November, which state
there was a cessation of the clash of arms throughout
the Republic, and hopes were entertained of the
continuance of tranquillity and order, but distrust
and intrigues prevailed between the old factions and
the General Government arid Legislature of the
State. The Federal Republican system is yet ex
posed to violent shocks and dangerous enemies.
By a Peruvian brig of war, arrived at Guayaquil,
information was received that the Grand Marshal
Don Augustin Gamarra had been elected Pro-
visionary President, and General Antonio Lafuente
Vice-President. The election was made by the
Congress, which was convened on the 31st Aug.

The Gaceta de Colombia of the 25th October
contains the circular from the Minister of State for
the Interior, dated Bogota, Oct. 14, to the several
Prefects; it sets forth that as the Congress is about
re-assembling, which is to fix the destiny of Colombia,
the Government participated in the desire of the na-
tion, that the general interests may be consulted as well
as those which are local; and it further states that the
Liberator has no personal views as to the nature
of the Government or of the Administration which
is to preside over it.
A letter front Washington, by the recent arriral
from America, states that the Secretary of the
Navy will, in the annual report, suggest some mo-
difications of importance : lie will recommend that
the number of navy-yards be reduced to two—one in
the Naragansit, and the other in the Chesapeake;
to the first that at Charleston will be retained as an
appendage, and to the second that at Washington.

SHIPPING INTRLLIGENCE.-(THIS DAY.)

FROM LLOYD'S.

DEAL, JAN. 7.—Wind W.N.W.—Arrived the Flora,
from Smyrna; Portensia, from Buenos Ayres; Jane, 13a1-
week, from Oporto ; and London, Aliirdock, from Quebec.
Artived from London, the Rawer, Rice, for Madeira ;
Hero, Reynolds, for '1 rinidad ; George and William, Ni-
cholson, for Corfu ; Genoa packet, Pallerson, for Leghorn,
and Aleirna, Pace, for Swan River.

PORTSMOUTH, JAN. 7.—Wind N.W.—Off Port, the
Commerce, Cooper, from Teneriffe.

FALMOUTH, 6.—Arrived the Reynard packet,
from the Mediterranean, sailed from Malta the 24th of
November, Gibraltar the 12th ult., and Cadiz the 14th ;
and also the Hind, Bonitttle, from Messina.
SCILLY, JAN. 5 and 6.—Arrived the Lord Melville,
Blown, from Batavia and New South Wales; Ratcliff,
Morris, from the South Seas ; Aretbusa, Strong, from
Mexico; Minerva, Burney, front Jamaica ; Mary, Wells,
from Newfoundland ; Concord, Le Gros, from the Medi-
tertanean; Thomas, Turner, from Faro ; Mary, Antr,
from Seville; Cato, Laurence, Diligence, and Delight,
Loin Lisbon.

The Calcutta, Watson, from Bengal, Las arrived off
Liverpool.

The Petit, Augusta, from Senegal, is wrecked on the
coast of the Gamin.

The Duey, -, from Martinique, has ben driven
on a bank in the Garonne by the ice.
The Laurel, Smith, from Shields to London, was on
shore on Nearme Sand, near Lowestoffe, )eiterday morn-
ing, but it was expected would be gob off.
The Lloyds, Wick, from Newport, and Thompson,
Christian, from Limerick, were on shore on West Is
on Tuesday morning, but got off with assistance, and car-
ried into George Dock Basin, it is supposed with little
damage.

WESTMINSTER SESSIONS-(THIS DAY.)

Margaret LyacA and Bridget Neale, two children
(or, more properly speaking, babies, the former being be-
tween five and six years of age, and the latter only a year
or two older), were indicted for stealing a pair of stock-
ings, the property of Mr. Hudson Tylfer, of New-street,
Covent-garden. Their Sißiplicity and childish appear-
ance, on being placed at the bar, created a strong sensation
in all present; and the CHAIRMAN, evidently astonished,
immediately exclaimed, " Can there be any prosecution in
this case?" On being informed the witnesses for the pro-
secution were in attendance, the children were arraigned,
and on being asked the usual question of Guilty, or Not
Guilty, Lynch (the youngest) said, " Yes, Sir, I took
the stockings, and this girl (Neale) told me, if I did not
she would beat me." Neal said, " I had the stockings, Sir."
The CHAIRMAN directed the witnesses to stand up, as
he wished to inquire into the circumstances attending this
case.

The prosecutor deposed to the stockings being his pro-
perty, and io answer to a question by the Court, said they
were banging against the shop door.
One of the new police said, he watched the children for
some time, as be thought they were going to steal some-
thing, at length he saw them take the stockings.
Cnstastax—Then, under such circumstances, why did
you suffer them to commit a robbery ?
Mr. Pstmurs—That, Sir, is the English of a preven-
tive police.

The mothers of the children, in a most distressing man-
ner, supplicated mercy for their babes. They are, said
they, kind and good children—have mercy upun them.
CHAlRMAN—Gentlemen of the Jury, this is a most
distressing case, 1 do not know what to do with it, as in
point of form I ought to state the circumstances to you,
but I really know not bow to do so. The law knows no
distinction of age. We see in the calendar a name charged
with such and such an offence, but until that case comes
before us, how can we suppose the criminal is of such a
tender age. I will here observe how extremely improper
it is for tradesmen to hang up goods so that they can be
reached from the street, it is holding out to the poor and
distressed a great temptation. Ido not wish to give any
bias to your minds, it is for you to say whether or not this
baby (Lynch) is
.c_.onv. ic.ted_of_t
'oering tnitt (fixation, you must take into consideration
whether she is of an age to discriminate between right
and wrong. If at the time they had both been flogged,
it would have had a much more beneficial effect than
placing them at that bar ; and I feel now that 1
never -can send them back to prison. Gentlemen, I could
say a great deal more, but I do not wish to guide your
mind, I will therefore only ask, can you find that child
guilty of felony ? It is a distressing case.
The Jury immediately returned a verdict finding Lynch
Not Guilty The other one had pleaded Guilty.
CHAIRMAN—Let them both be given up to their
parents, who will bestow the best correction, a flogging.
The Poliee-officer applied for his expences.
CHAIRMAN—In such a case I am really unwilling to
allow them. Police—l was obliged, Sir, to act.
CHAlRMAN—Certainly you were, I suppose you must
have them.

The expences to the county for this prosecution will
amount to several pounds. The Jury expressed their
astonishment that two such infants should be brought to a
trial on a charge of felony. . .

James Bennet and Thomas Fitch, two young lads,
were charged with stealing a leg of mutton, the property
of James Davis.

'l'4'. caller of ,Tr,--17- thoi.'Ais son was a good boy,
that he was at the National School for eight years, and
had been rewarded for his good conduct with a Bible and
Prayer-book, which he now had.
It did not appear by the evidence that Fitch took any
active part in the transaction, the Jury consequently ac-
quitted him, and found Bennet Guilty, who was sentenced
to three months' hard labour in the House of Correction,
and to be well flogged.
Several other cases of stealing small quantities of meat
were tried during the morning, and punished with various
terms of imprisonment.

THE MARKETS.--(THIS DAY).

CORN EXCHANGE.

The supplies of Gain this week continue limited, and
there is only a moderate quantity of Flour. There is very
little fine Wheat for sale, and such fully maintains Mon-
day's prices, other sorts meet a vet), du'l sale. Bailey
for malting maintains its value, for other sorts there is
little demand. Beans and Pease aro very dull, and rather
cheaper. Fine parcels of Oats maintain Monday's terms,
for other descriptions the sale is limited. Flour unvaried.

ARRIVALS.

Wheat.
English 1,150 qrs.
Irish
Foreign

Harley. Oats. I Flour.
5,650 yrs. 4,700 qrs. 3,700 sacks.
- 1,700 - _ _

---brLs.

CITY MARKETS.-(TWO O'CLOCK.)

SUGAR.—A reaction in the Market for British Plan-
tation Sugars has decidedly manifested itself this week,
and among the trade strong ,proofs of confidence are
evinced. The grocers and refiners bought freely early in
the week, and in many instances at an advance of 6d. to
Is. per cwt. At the close of business yesterday, though
extensive transactions were not continued, yet the Market,
on all qualities of Sugars, may be quoted fully ls. higher,
and in the week ending to-day upwards of 4,000 libds.
have been di►posed of. The importation last year is
about 5,600 hogsheads less than that of the pie-
vious year. The average prices are now 6s.
to tie. Bd. under those in the corresponding week of 1829
In Foreign Sugars few transactions are reported. A small
quantity of soft yellow Ilarannah, principally washed
realised 18s. 6d. to 235. 6d. In East India Sugars busi-
ness is also doing. The Company's Bengal sold from
Is. 6d. to 2s. higher than the last sale. The Mauritius
Sugar contracts have been made at 6d. to ls. advance.
In Refined Sugars the dealings have been considerable at
an improvement of 6d. per cwt. ; ordinary large lumps
realise 71s. 6d. to 735. Other qualities are firm.
Comm.—This market has not yet experienced an im-
proved demand. The Coffee offered publicly has consisted
of Jamaica and Dutch, the former chiefly grocery qualltiei.
The priced of good Jamaicas are fully supported, and infe-
rior stilt better; ordinary and good ordinary sell from 38s.
to 351. 6d. ; good middling Jamaica, 70s. to 725. Od ;
middling, 60s. to 655. per cwt.