The Sun.
London, England, 1830-08-26 00:00:00

THE FUNDS.-(THIS DAY).

CITY, TWELVE O' CL CK.
The only arrival of consequence, this morning, is a Lisbon
mail, by the Britomart, sailed on the 13th August, by
which we understand that the British ships captured and
carried into the Tagus have been dismantltd. The private
letters are very cautious, as they are afraid to write on
politics.

Demerara Papers to the Sd of July have been received
at the North and South American Coffee-house, but are
void of the least interest.

The French mail remain► due, consequently we have no
estafette letters us yet from Paris.

THE FUNDS.

This being the Account-day in Consols, which is sup-
posed to be a large Bull account, with extreme fluctuation
during the account of Si per cent., has caused a failure
in' the Market this morning, but it not being of the first
rate, will not mote any heavy losses. Consols, which left
off yesterday at 91' to opened at the same price ; Aire
which they have declined to out for the Account, and
the chief business doing is in settling their accounts. In
the Foreign Market Spanish Bonds are not to good as yes-
terday, owing to the price coming 1 per cent. lower from
Amsterdam.

ENGLISI
Bank Stock, 918 19
India Stock, 2:19 40
3 per Cent. Cons. 9UN
Do. for Accot.nt, 91
l)itto Reduced. 911,4 %
1"OREION
_ _

KINDS
014 per Cent. MOM
3 per Cent. new, IfXll'
4 per Cent. IEOI, 194)(A,
India Bonds 79 80
Exchequer Bills, 78 79
FUNDS.
Greek, 353(fi
Mexican, :184i
Peruvian, 2`44
Portuguese, (H% 2
Prussian,
Russian, 107 8
Spanish, 4614 )(
TWO O'CLOCK.
The French mail has arrived, but the estufette letters
will not be delivered till after two o'clock, consequently
tie contents have not yet transpired.

Brazilian, 72 We
Buenos Ayres, tt 4
Chilian, 7
Colombian, 23N
Danish, 7I
Freud' 5 per Cent.
Ditto :3 per Cent.

It is reported that all the great Powers have acknowledged
the new French Government.

The private letters by the Lisbon mail state that the
events at Paris to the 29th July were known at Li4bon.
It is said that the departure of the Britarnart two days
before she was to sail was owing to the British Consul,
who gave Don Miguel's Ministers to the llth to give up
the ships and crews detained, and their not complying was
the cause of her sailing.

Consols for motley, 9bi I; for the October account 91
In the Foreign marliot there is but little doing.

THREE O'CLOCK.

Consols, 91

MEMBERS RETURNED.

SCOTLAND.
iladdiFtglon District lisireis.—Sir A.. 7. Dalrymple.
Berrie, 4e.—Sir J. Carnegie, Bart.
Wigton, Lowther, Esq.

Yesterday a Court of Directors was held at
the East India House, when the Earl of CLARE took the
usual oath on being appointed Governor of Bombay. His
Lordship afterwards dined with the Directors, at the Albion
Tavern, Aldersgate-street. There were present several of
his Majesty's Ministers, and many other distinguished per-
sonages.

We are assured that the delay in making the
proposed opening into the Park in Cadton•gardens arises
from the difficulty of deciding upon the mode in which it
shall be done.—Mornla,9 Paper.
The Essex contest is said to have cost Mr.
WELLEsmr 22,000/., and Mr. %max 14,0001. The
Protestant gentlemen who subscribed 80,0001. to meet the
expense of Mr. Tvaxt.t.'s election, are understood to have
expended but a third of the fund, or 10,000/.

BELLS:—The sound of bells produced upon
BONAPARTE a singular effect, for which I luive never been
able to account. When we were at Malinaison, and while
walking in the avenue leading to Ruel, how often has the
booming of the village bell broken off our most serious
conversations. He stopped, lest the moving of our feet
might cause the loss of a tone in the sounds which charmed
him. lie was even inclined to he angry with me for not
feeling the same impressions as were made upon himself;
the influence, indeed, was so powerful, that his voice
trembled with emotion while he said,—" That recalls t?,
me the first years I passed at Brienne. I was then happy.
The bell ceased to vibrate,—and he, resuming the current
of gigantic reverie, would launch into futurity, encircle
his head with a diadem, and hurl kings from their thrones.
Constable', Ittivellany, Vol. LVII.
PREPARATIONS FOR.BATTLE.-_Before
engaging in battle, llotrarmerst made little provision for
subsequent events, if successful ; but occupied himself much
with what ought to be done in the case of defeat. I here
report a fact of which I have often been a witness,
leaving to his brethren in arms the decision on the
merits of this conduct. lie was enabled to accomplish
much, because he hazarded all, grasped at all, and was
cautious in nothing. His excessive ambition urged
him on to pewee, and power obtained only added to his
ambition. None ever more firmly held the conviction; that
nothing often decides the greatest events. This supplies
the reason why he was snore solicitous in watching than
in tempting events ; be beheld them in their proviso of
preparation and • maturity, when, suddenly seizing, he di.
'rested them at will,--Constablo's Miscellany, Vol. LVII.

ASSIZES-(RECEIYED TIIIS DAY,

OXFORD CIRCUIT.—GLOUCESTER, Aua. 25,

HICKS, ON THE DEMISE OF TILEY V. WILLIAMS,

This was an action of ejectment to recover possession
of some freehold houses situate in the city of Bristol ; but
the real question was to try the validity of a will made six-
teen years since by a Mr. Smith. It appeared from the evi-
dence, that the plaintiff's wife was the only daughter of Mr.
Smith, formerly a wine and brandy merchant, residing at
Bristol, whe died when she was only nine years of age, pos-
sessed of some freehold property in that city; previous to his
death, however, he married a second wife, who was die de-
fendmt in this action, to whom he left the whole of his pro.
perty by a will, dated in January, 1814, which will it was
now sought to set aside on the ground that it had not
been duly executed. The Counsel, on the part of the de-
fendant,. admitted that the plaintiffs wife was heir•at•law
to Mr. Smith, and would have been entitled to her father's
property had he died intestate; and as this was admitted,
the will being a valid one rested with the defendant to
prove, and, he in consequence was entitled to open
his case first. Two witnesses were called, who swore that
they attested the will in the testator's presence, and by
his request. The third attesting witness was the at-
torney that made the will, and he being dead, his hand-
writing to the document was proved by his clerk. It was
also stated, that the testator was at the time of sound un-
derstanding, and in every respect competent to make a die.
position of his property. On the cross-examination of
those witnesses it appeared, that there were some disputes
respecting the plaintiff's wife, and she was in consequence
sent to live with her grandfather. On the part of the
plaintiff it was attempted to be shown, that the will had
either been concocted after Mr. Smith's death, or that it bad
not been properly attested. In support of the latter point it
was !preyed, that when one of the attesting witnesses had
been asked if she had ever signed a will made by Mr.
Smith, she replied that she never had ; but on being
shown the document, she said that it was her hand-
writing, but the fact had escaped her memory.
Mr. Justice PARK, in summing up, said, with the
manner in which the property was disposed of the Jury
had nothing to do ; they had only to decide whether the
will had been made by or at the request of Mr. Smith,
and if so, whether it had been properly attested. The'
Jury immediately returned a verdict far the defendant,
thereby establishing the validity of the will.
This case occupied nearly the whole day.
In the Crown Court a case of rape I:l:copied from eight
o'clock in the morning until three o'clock, when the Jury
retired, and had not returned a verdict when our corre-
spondint left the Court.

It is a charge made by a young woman who was prove(
to be of a very loose character ; but as the verdict is no
returned, we refrain from reporting it to-day.

NORTHERN CIRCUIT.—LANCASTER, Aua. 24.

SINGULAR CASE OF 'MANSLAUGHTER.
James Ferguson, aged SO, was indicted for killing and
slaying Betty Kay, at Great Bolton, on the 12th of July
last.

Mr. BRAND conducted the case for the prosecution,
and Dr. BROWN appeared for the prisoner.
Mr. BRAND, in stating the case to the Jury, Observed
that it was one which seldom came under the considera-
tion of a Court of Justice. The indictment charged the
prisoner with having undertaken to deliver a woman in
child-birth, and neglected and refused to afford her proper
relief and assistance, in consequence of which she died.
It appeared that the prisoner, who was not a regularly
educated medical man, had in his youth been for some
time living with his brothers, who were surgeons in Bol-
ton, that he bad long since relinquished his medical pur-
suits, and employed himself as a weaver, but that he did
occasionally attend poor women in their confinements
About a fortnight before the confinement of the poor
woman the cause of whose death the Jury were about to
enquire into, her husband had agreed with the prisoner to
attend her, and an agreement was entered into, that he
should attend her for the aunt of Us. 6d. When the poor
woman was taken in labour the prisoner was sent for, and
he arrived at her cottage about eight o'clock in the
morning of the 12th of July; she was delivered
of a child at half-past nine that morning, and
the charge against the prisoner was, that he had
not taken any measures to remove the p/a-
coda or after-birth, which he ought to have done
before he left his patient. The prisoner did not do so,
but went away, promising to return in about an hour and
a half, but he did not return until one o'clock, at which
time he was in such a state of intoxication as rendered him
wholly unfit to discharge his duty to his patient. The
prisoner not having given any assistance to his patient, and
the placenta not having been removed, the natural conse-
quence "flooding" took place. About six o'clock in the
evening the prisoner again called upon hi■ patient, and
although he was then rather intoxicated be made an at.
tempt to remove the placenta, but without success. The
prisoner came again at eight o'clock, but made no further
attempt to remove the placenta, and the " flooding"
having continued, and the loss of blood being very great, the
poor woman became weaker, and at twelve o'clock that night
she died. He (Mr. B.) had opened this ease with more
minuteness than usual in criminal cases, because he con-
sidered it to be one of a very novel description, and one
which would require the utmost consideration and atten-
tion of the Jury. He was willing to admit that if the
propriety of removal of the placenta immediately after the
birth of the child was a question upon which there was
much diversity of opinion among medical men—if it was
a question upon which one portion of the medical profes-
sion entertained one opinion, and another portion enter-
tained a different opinion, then undoubtedly the prisoner
was not criminally responsible for any consequences which►
might have resulted (rem his mode of treatment, but he
(Mr. B.) understood that there was no such diversity of
opinion on the subject among medical men, but on the con-
trary that it was the invariable rule with medical men who
practiced in that line of the profession never to leave their
patients until the placenta had come away. In nineteen
cases out of twenty the placenta came away naturally, but
in those cases in which nature did not perform that ope-
ration the medical attendant resorted to proper measures
for accomplishing it. He was aware that the celebrated
Dr. Hunter had maintained, in a honk which he had
written on midwifery, that in suck eases nature ought to
be left to herself ; and probably the opinion of that ce-
lebrated man would be relied upon by his Learned
Friend, who appeared on behalf of the prisoner ; but
he (Mr. IL) understood that after the publication of
that book fatal experience had convinced Dr. Hunter
of time fallacy of that opinion. Be that as it may there
could be no doubt that since Dr. Hunter's time the prac-
tice of all medical men was not to /cave their
patients before the placenta was removed. If
the prisoner was ignorant of this practice, which
prevailed so generally among medical men, he ought not
to have undertaken the delivery of a pregnant woman, but
having undertaken it, he was answerable for his ignorance
or neglect.

The following witnesses were then called :
John Kay, the husband of Betty Kay, deposed that be
had agreed with the prisoner for 6s. 6ti. to deliver his
wife, and that he gave the prisoner in part payment a note
for Ss. 6d. from the lying-in charity. Immediately after
the birth of the child athalf•past nine o'clock in the morn-
ing of the 12th of July, the prisoner demanded payment,
and said " all was doing well," and that he would return
In an hour and a half. The prisoner did not return until
one o'clock, when he went up stairs and saw the woman.
On his return witness, who observed that prisoner was
" fresh in liquor," asked him if what was called
the afterbirth was "fetched," and prisoner said it
was not, but that it would come away "in pieces."
The prisoner came again about six o'clock, when
" be was more drunk than before," and having seen
his patient said " all was doing well." Prisoner came
again about nine o'clock, when be was " so very drunk
be could not find his bat in the room," and he did not
then afford the woman any assistance. About eleven
o'clock witness thought his wife was dying, and she
thought so too, as she took leave of her children, and he
went to Mr. Ferguson, the prisoner's brother, 'who was a
" regular doctor," but he refused to come, and the wo-
man died about half-past twelve o'clock. On the follow-
. ing day two surgeons, tamed Robinson, and their appren-
tices, and the prisoner's two brothers, came and examined
the body; and, in consequence of something said by one
of the Rohinsons, Witness gave information to the constable
of Bolton. The woman was very healthy, and had had
seven children before.

Margaret Kay, the mother of the last witness, swore,
that upon the prisoner being remonstrated with for not
taking away the " after-birth" when the woman was
"terribly," he said that it was " fast" then, and
that if he were to attempt to take it away she would
" bleed like a pump."

In cross-examination, she denied that either she or the
deceased hocl said that the prisoner had done hit best, and
h►d treated the woman properly.
S. 111. Robinson, a surgeon at Bolton, deposed that he
had been in practice for upwards of seven years, and in the
habit of Attending women- in- labour. t/pon examination
of the body of the deceased, about an inch and a half in
diameter of the afterbirth was adhering to the womb, but
the rest was detiched, and the womb was in consequence
very much distended. TitewornarVa'deatil was occasioned
by the hemorrhage produced by the non-retrieval of the

after-birth, which in most casea was removed by
the efforts of nature, with very slight assistance. In
his opinion a medical man ought not to leave his patient
before the removal of the after-birth, especially if haemor-
rhage had commenced ; death must be the consequence of
hemorrhage being allowed to go on.
Cross-examined by Dr. Brown—_l an► a member of the
College of Surgeons, and have attended Dr. Davies's Lec-
tures on Midwifery; I have read Dr. John Hunter's book
on Midwifery, but am not aware that he.was a man of
great reputation in that branch of the profession ; great
caution is necessary in removing the after7hit th, but when
there is haemorrhage it should be removed immediately;
I have never had any quarrel with prisoner; I have lost
women in child-birth.

Re-examined by Mr. BRAND—In case of htemorrhage
it is necessary to remove the placenta, in order to enable
the vessels to close, I should do it at any risk.
Richard Robinson gave similar evidence.
The prisoner, having been called upon for his defence,
said he had done the best that he could, and did all that
in his judgment was ttcessary. He denied having been
intoxicated when he visited his patient.
'the following witnesses were called for the defence :
—..

Ellen Woods swore that she heard the deceased say that
the prisoner had done " very well" for her, and that when
the witness asked her to have another doctor, the mother-
in-law said " How foolish you talk, he has done all he
can for her." Witness saw the prisoner when he visited
the diceased, but did not think he was in liquor.
Betty 1111Cre4 deposed that she was in the house of the
deceased at the time of the delivery and of the subsequent
visits of the prisoner, who did not appear to be in liquor
—that the deceased had told her that the prisoner would
have removed the after-birth, but that she (deceased) had
prevented him from doing so, as he had said that it would
give her great pain, and she would "wait God's time."—
Before the deceased was taken ill she felt different from
what she had before, and that she thought she should not
" come through it."

Ilia Loansiirr, in summing up, told the Jury, that the
only question for their consideration was, whether or not
the deceased had come by her death through the gross igno.
ranee or negligence of the prisoner. If they should he of
opinion that she had so come by bee death, then they must
find the prisoner Guilty; but if they had any reasonable
doubt upon the subject, the prisoner was entitled to the
benefit of it.

The Jury immediately found the prisoner Guilty; and
the Cntar JUSTICE, having dilated upon the nature of his
offence, in undertaking a duty to the performance of which
he appeared to be totally inadequate, sentenced him to six
months' imprisonment in the castle of Lancaster.

LOSS OF THE MARYS SCHOONER,

OF LEAP.

Courts, Aua. 24.—A small vessel, named the Marys,
put off from Leap, a village near Southampton, on
Monday afternoon, laden with bricks, for Southampton ;
but her boat breaking away, and making towards Cowes
(Isle of Wight), induced the master to bear towards that
place, in the hope of regaining her, where they anchored
for the night, one of the men coming on shore, and
leaving an old man and boy on board. It subsequently
blew rather fresh, and the hatchways not being properly
fastened down, a great quantity of water splashed therein,
which the bricks of course soaked up ; it was not, there-
fore, known that she had taken in any water. On Tues.
day they sailed for Southampton, not having recovered
their boat. When about a mile and a half from the shore,
and a little below Cowes Castle, the vessel was observed
to draw a great quantity of water, and appeared in a sink.
ing state. Several boats from the yachts immediately put
off, but before they could reach the vessel she sunk, and,
melancholy to relate, the person who had been on shore,
named Strugnell, perished. The old man and boy were
picked up, and conveyed to the Royal Yacht Club-house,
where they were kindly treated. The vessel is in 12 fa.
thorns water, so that it will be impossible again to re-
cover her.

SPORTING INTELLIGENCE.

ASCOT-lIEATFI SECOND MEETING.

WEDNESDAY, Ann. 25.—The heath was very thinly
attended to-day, the sources of attraction being extremely
moderate. In the first place, it was generally understood
that the King would not be present, besides which, the
showery state of the weather, and the fact of there being
only one race to take place, combined to prevent many
persona from coming who otherwise might have been in-
duced to participate in the amusements of the place. In-
deed, it was matter of surprise that so many persons as
.were present should have assembled, considering all things,
fur we seldom recollect less temptation held out to the
sporting world than that presented on Ascot Heath to-
day. The only race run was for a plate of Iso .stews,:. foe
all ages, for which two horses started, via., the Duke of
Richmond's Rough Robin, and Lord Jersey's Glenartney.
The latter was the favourite at 7 to 2, and won by a length
without much difficulty, but he might have won easier if
he pleased.
It was ludicrous to see the long flees of those viiiters
who had come down from town to witness tke sport, when
they ascertained that there was to be no more running to.
day. Some matches were spoken of, but it WAS said that
they would not take place because the King was not present.
In the Royal Stand we observed the Princes George of
Cambridge and George of Cumberland, Mince Esterliazy
and his son, Earl and Countess of Jersey, Earl and Countess
of Errol, Duke of Richmond, Duke of Dorset, Lord and
Lady Clinton, Lord Forester, Sir A. Barnard, Lord Mary-
borough, the Misses Fitselarence, anti Colonel d'Eate.
This distinguished party partook of a cold collation before
taking their departure for the Castle. In the Stewards'
stand were the Marquis of Worcester, Marquis of London-
derry, Earl of Uxbridge, Lord W. Lennox, Lord Alvanley,
lion. Mr. Rous, Mr. Scott Stonehewer, Mr. Delme Rad-
cliffe, &c. This list comprehends nearly all the fashion-
ables present. We left the heath at halh.past two o'clock,
when it was generally understood that their Majesties and
the other members of the Royal Family who were present
on Tuesday would again visit it this day. It was also
stated, on pretty good authority, that the feeble support
afford to this meeting will prevent its repetition.
The day's race came off thud :
A Plate of 50 sm. for all ages, Mile and half.
Lord Jersey's Glenartney, 6 yrs
Lord Uxbridge's Rough Robin, 5 yrs
Betting Stol on Glenartney. Rough Robin made
play at a moderate pace, Glenartney keeping behind with
waiting orders ; be did not make any running till dose.
borne, when he gave Robin the go-by, anti won cleverly
by a length. Rode by Robineon, the loser by Boyce.
If we have nothing to say of this day's races, we can
hold out " large promise" fur to-morrow : the 100/. and
501. plates are well filled, no may be collected from the
subjoined list of the entries, in addition to which there
will be a Ladies' Plate of HI, and probably another race.
The following are the nominations fur the Plate of 100
sova. Two miles and a half.

Mr. Wetherill's Palfrey, aged
Mr. Day's Profile, aged
Mr. Harvey's Chapeau de Psille, 6 yrs
Lord Uxbridge's Rough Robin, A yrs
Mr. Maberly's Palemon, 6 yrs
Mr. Theobald's Robadilla, 8 yrs
Mr. Cosby's Masaniello, A yrs
Lord Sefton'. Juryman, 5 yrs
Mr. Penhill, 4 yrs
Mr. W. Day's Augur, 4 yrs
Mr. Dilly's Windru►h, 4 yrs
Lord Ranelagh's Donegani, 8 yrs
Mr. Clarke'. Tagfiord, 3 yrs.
Plato of 50 sorts.
Lord Jersey's Glenartney, 0 yrs
Mr. Wetherill's Palfrey, aged •
Mr. Theohald's Bobadilla, A yrs
Lord Uxbridge's Rough Robin, 6 yrs
Mr. Uxbridge's Polhill, 4 yrs
Mr. Day's Augur, 4 yrs
Mr. Dilly's W414'1611, 4 yrs
Mr. Clarke's Teglioni, 3 yrs
Mr. -'s Duchess, 3 yrs
Mr, .-'s Clymanti, 3 yrs
His Majesty's Frederica, 3 yis.

On the 7th instant a vessel returning from
the fishery arrived is the roads at Dunkirk ; the Captain,
astonished at seeing the tri-coloured flog, which had been
hoisted on the fort, turned to tote of the sailors, and
said, " Did I not always tell you. Joini, that he was not
dead I" The honest fellow WAS thinking of Nikrouton

AN AMERICAN Itxr.—A Now York Paper
contain* the inflaming paragraph The Murbialtaad
Regiaer autea, that a large rat, caught by the nape of
the neck in a trap on Thursday night, completely akin.
ned himaelf and absconded, leaving hie whole hole un-
broken, except by the teeth of the hap."

I. THE MunDERED PoLICE CONSTABLU
Lono.—We have great plaasute in announcing that the
Government have ordered an alkmance of 10s, per week
to b4ald towards the support of the widow anti children
of Lnwa, the police constable, who Was murdered in the
performance of his police duty. Several private donations
towards the 1111140 benevolent object have been received.