The Sun.
London, England, 1839-11-04 00:00:00

~ A PALTRY PRESS."

These be hard lines, as the sailors say, but " non nester hie
sermo."
It will now, we imagine, be admitted that something i the
shape of an able and honest Journal is required to " stop the
gap." To put such an intellectual vehicle upon the road, we
think, would be considered Quixotic, even by so speculative and
excellent a judge of such matters as Mr. Peter Purcell. " A
Party is necessary," exclaim the Tory parson, and the Liberal
placehunter, "or else you will reckon but few readers." Upon
this point we join issue, and hope, for the honour of civilised
humanity, that as the Irish public maintain a sufficient number
•f newspapers to tell them falsehood, they will vouchsafe to sup-
port •n• which, at all risks, is determined to announce to them
the truth.

" All that mortal art bath wrought,
In our cell returns to nought ;
The molten gold returns to clay,
The polish'd diamond melts away.
All is altered, all is flown—
Nought stands fast but truth alone."
In Politics we shall be Radicals, and devoted to the People,
utterly regardless of the smiles or frowns of the select and
interested few. Such a course, we know, is always perilous
and often profitless—
" Hard is his task who edits—thankless job—
A weekly journal for the factious meb ;
Alike undone, or if he praise or rail ;
For this affects his safety, that his sale :
He sinks, at last, in luckless limbo set—
If loud, for libel—and if dumb, for debt."
We sha always be happy, when we can agree with these
men who, nowever they may sometimes err, have rendered
efficient service, and made many sacrifices for the cause of
liberty ; but w shall not advocate that wait-a-while policy
which holds out -itemises to suffering millions which are never
likely to bey eaLied—
My father, Time, is weak and grey,
With waiting for a better day,"
We shall judge the Government by its acts, and shall oppose
aPremier, be he Whig, Tory, or Radical, when we find him
averse to the removal of the remnant of the Penal Code, which,
absurdly enough, forbids the appointment of a Roman Catho-
lic Chancellor ;—a Colonial Secretary. when he resists the
Ballot;—or even so amiable and enlightened a Statesman as
the present Irish Secretary, when he seems half disinclined
to grant an increase of popular privileges to the Irish people.
Conscientiously believing that Ireland never can become gene-
rally happy and contented until she again has the advantage
of a DOMESTIC LEGISLATURE, we shall persevere, by
arguments and facts, to advocate the
REPEAL OF THE UNION,
as not more beneficial to Ireland than the Sister Kingdom.
We will bring into the field the heavy artillery of reason,
aided by the light brigade of wit and humour. We shall be '
staid with the steady, and mirthful with the light-hearted.
Pursuing "the even tenor of our way," we shall " run on
glitterin,g
Fromlikea
grave
ek t
gay,o the sunshine,"
ms h in e,lively"
The Statesman will find
gpoolirtietawl,t.aontshdeevtelprieeh.'yL'saiewiaynerswhaillll
discover that we know a thilisn
proclaim us lovers of the healinz
learn that we can clear a etunt art.; 'the Sportsman shall,
rbYe
as
him. " THE WORLD"
to ofshall Fanshoti ohnaysehatlol
complain
Lof Courtour Gazette,negligence an! thethe
interests of the Merchant and Manufailclturer shall receive our
close attention; the United Service will find
garland
a s
ando f oslidn,g
singing
robes to the cloth ; we shall "take our
studio of the Artist ;
robes about us" with the Poet ; visit the
and deal our impartial criticism at the Theatre.
Every number of " THE WORLD, in richneese made toand variety
will be a Magazine ; and arrangements have n
embellish its columns with sketches from some of the best pen-
cils of the day.
" THE WORLD" will be a large quarto, printed with an_
perior
type open first-rate paper, and will be publish
. e- every
Saturday morning, with i late edition for the country,
con-
taining all the London, Dublin, and Provinciai. Intelligence up
to the dispatc Soft he evening mills. Sutscription,
per Annuta.--pt. 10, 1539

MRS. GORE'S NEW WORK.—We are assured
that there is no foundation for the literary report that
the forthcoming novel of " Preferment," from the pro-
lific pen of Mrs. Gore, forms a sort of pendant to the
" Vicar of Wrexhill " Those best informed upon the
subject affirm that it is intended on the contrary to set
forth in lively colours the evil results of the present sys-
tem of Church patronage, without reference to sects or
persons.
MEMOIRS OF CHARLES MATHEWS, CON-
CLUDING VOLUMES.—The new volumes of these Me-
moirs form decidedly the most amusing work that has
issued from the press during the present year. It
abounds with anecdote, the style is sprightly and suited
to the narration, and, unlike most works of its class, it
does not consist of a rifaccinzento of oft-told tales, but
possesses novelty in every page. The variety of cha-
racters that are brought before us appear as in a
wizard's glass," with all the attributes that distin-
guished them in life, and to give them the highest
praise possible, are almost as vividly pourtrayed as when
their pecularities were represented by the great comedian,
himself. Amongst the personages who figure in these
memoirs we find the most distinguished men of the
day, from the most illustrious in rank to the most cele-
brated in letters and arts, to all of whom it ap-
peared pleasure to record their esteem for the cha-
racter and admiration of the talents of the unrivalled
actor and artist. Thus we have George the
Fourth ; Theodore Hook ; the Earl of Egremont ;
Poole, author of " Paul Pry ;" Sir Walter
Scott ; Sir Thomas Lawrence ; Wilkie ; Chantrey ;
Coleridge; Macready ; Horace Smith ; Charles Young ;
Leigh Hunt ; Fanny Kemble ; and a host of other
distinguished names, all concurring to add interest to
the memoirs, whose own merits woud be enough to en-
sure them popularity,—Morning Herald.

No. 96, Cheapside, and. No. 39, Albemarle-
street, Piccadilly.—Sight and Hearing.—Testimonials
on the Messrs. S. and B. Solomon's newly-invented
Spectacle Lenses and Voice Conductos for Deaf Per-
sons, from some of the most eminent members of the
medical profession.—From Dr. F. H. Ramsbotham,
M.D.: " The newly-invented spectacle lenses of the
Messrs. Solomons appear to lift the veil of indistinctness
thrown over the beauties of nature and the page of love;
by dim or defective eyesight, is an inquisition of no com-
mon interest to the thousands who require them. I
have been using them for some time, and say from ex-
perience, that they afford most astonishing relief to in-
dividuals thus circumstanced. F. H. Ramsbotham,
M.D., New Broad-street."—From Anthony White,
Esq. : " The Messrs. Solomons' newly-invented spec-
tacle lenses afford much relief to my vision ; they pos•
secs great transparent refractive power, and agree with
my sight far preferable to any other lens. Anthony
White, 3, Parliament-street."—The Messrs. Solomons
state that their Invisible Voice Conductor, by which
thousands of deaf persons have been greatly benefited,
is the size of a seven-shilling piece, and when fixed into
the cavity of the ear, is soft and easy, and not more
perceptible than having a piece of wool in its place, by
which the faintest whisper at a public assembly is heard
with distinctness.-39, Albemarle-struq, and 96, Cheap-
side.—No agents or travellers employed.
THE ROYAL EXCHANGE.—The debate which
took place on this subject on Thursday last, in the
Common Council, has produced a sensible impression
on the public mind. We are, therefore, glad to find
that the exhibition of the designs at the Mercers' Hall
will be continued this day and Monday next. For the
information of those of our readers, who may not recol-
lect the report of the three architects appointed to make
a selection upon the terms of the original instruction de-
livered to the competitors, we give the following list of
the designs selected :—No. 36, Mr. Grellier ; 43,
Messrs. Mee and Chateauneuf ; 37, Mr. Sydney Smirke
; 57, Mr. Pennethorne.
the premiums to the three
33,fiTrhs t6oCfMessrs.ot hm ems
ei
.t ftVeeeyeahttathvaee w
ngadrolau3rr.ndidieiddthoattithey
could be erected
for 150,000/. The three architects reported the fol-
lowing as being of the best class of design, but excluded
them from competition, because they thought they would
exceed the sum nanied—No. 50, Mr. Donaldson ; 46,
Mr. Richardson ; 27, Mr. Mocatta.

VICE-CHANCELLOR'S COURT, Nor. 2.
HULKS V. DAY.

Mr. CHAPMAN BARBER applied ex-parte in this case,
for a rule nisi to show cause why the funds in Court in
which the defendant had an interest, should not be
charged with the judgment debt of the plaintiff. The
Learned Council made the application under the
14th andlBt'l sections of the Act for abolishing arrests
in mesne process, the former section giving power to
the Judge of ~.ny of the Superior Courts to make the
order asked, and the latter empowering a Court of
Equity to interfere in certain cases. In the present
case it became necessary to apply to the Court, inas-
much as the fund did not stand in the name of the de-
fendant, but it was clear that he had an interest in the
fund, and the plaintiff had obtained judgment against
him in the Court of Exchequer.
His HONOUR granted the rule nisi,
MACLARRY V. MATTHEWS. _ .

A gentleman behind the bar, applied to his
Honour ex•parte in this case, for an injunction
to restrain the 'lefendant, and the Accountant-
General of the Court, from transferring the sum of
9001. stock. The plaintiff, it appeared, was in-
terested under the will of a person who resided in Do-
minique, to whom the defendant was executor. The
amount in question was derived from the sum allowed
by the Compensation Commissioners under the Slavery
Abolition Act, for forty-three slaves, which belonged to
the testator. The defendant contended that he was en-
titled to the sum in question on account of the advances
he had made, and was now on his way from Domi-
nique for the purpose of transferring the stock and ob-
taining the proceeds. The plaintiff, by his bill, which
was filed for an account, insisted that the defendant's
advances had been satisfied by his receipts, and he there-
fore now applied for an injunction to restrain the transfer
till the accounts should have been taken.

His HONOUtt granted the injunction.
The Court will proceed with motions on Monday
this day), and unopposed petitions on Tuesday.

ROLLS' COURT, Nor. 2.

ATTORNEY-GENERAL V. LEWIS AND OTHERS.

Mr. BLUNK moved in this case that an appearance
might be entered by one of the Six Clerks for the de-
fendant Lewis Lewis, pursuant to the statutes of the
11th Geo. IV., and Ist Will. IV., chap. 36, the usual
notice having been given, and that he be committed to
the custody of the Warden of the Fleet, until he should
have purged his contempt. The defendant, Lewis
Lewis, who had been taken upon an attachment for want
of answer, and who was brought up by Habeas Corpus
from Dorchester gaol, upon being asked by his Lordship
why he had not put in his answer, stated that he carried
the subpcena to his solicitor in the country the day after
he received it, and instructed him to do what was ne-
cessary, but that he had neglected to attend to those
instructions.

The MASTER of the ROLLS told the defendant that
if his Solicitor had not done what was right he had his
remedy against him, although it wAs very hard that the
defendant should suffer through his neglect. The mo-
tion was granted.

COURT OF QUEEN'S BENCH, Nor. 2.
THE QUEEN V. WATTS.

Mr. THESIIER moved for a rule to show cause why
a criminal information should not be filed against Alaric
Attila Watts, the editor, printer, and proprietor of the
United Service Gazette, for having published a series of
libels against Captain Reeve, a commander in the Royal
Navy. It appeared from the affidavit, that in 1838
Captain Reeve was on the African station, in com-
mand of the Lily ship of war; that on the 10th of
August it was reported to him by an officer on watch,
that, on his entering the cabin of the first lieutenant, he
had found in bed with him a boy of about 14 years of
age. Captain Reeve immediately ordered the parties
to be put under arrest, and reported it the same day to
the commanding officer, Admiral Elliott ; and he re-
ceived directions from the Admiral to detain the par-
ties under arrest until they could be sent home by the
Pelican. Shortly afterwards the Lieutenant, whose
name was Inman, was missing from the vessel, which
was reported by Captain Reeve to the Admiral. He
had afterwards, however, returned, and delivered himself
up as a deserter ; and, under the circumstances, Admiral
Elliott had thought it necessary to order Captain
Reeve to take the Lily home, in order that there might
be a Court-martial ; and he ordered that the boy
should be kept apart from the lieutenant until it should
be determined whether he should be examined
as a witness or tried as a prisoner. The Court-
martial took place at Plymouth, and the re-
sult was, that though the officers were of opinion
that the most serious part of the charge was not
established, in consequence of Lieutenant Inman being
intoxicated, yet they determined that so much had been
proved that he should be dismissed the service. The
result of this court-martial was the tsignal of a variety
of attacks against Captain Reeve in the United Service
Gazette. It became necessary, unfortunately, shortly
afterwards, that Captai❑ Reeve should bring to a court-
, martial two other officers, ono of whom had been ad-
monished, and the other severely reprimanded ; and
on the Bth of June, the article of which Captain Reeve
eo-nplained appeared in the United Service Gazette, in
which he designated Captain Reeve as an inexorable
martinet, having brought paltry and contemptible
charges against two officers. It then charged him with
harshness and cruelty to the boy in Lieutenant Inman's
affair, and it stated that the prevarication of Captain
Reeve before the court-martial was so gross, that if it
had been before a civil tribunal he would have been ad-
monished on the spot, instead of being allowed to con-
tinue in a command which he had disgraced by his
conduct. A court-martial appeared to differ from a
court of law in one respect, that in the latter every
doubt was given in favour of the prisoner, while the
members of a eourt-martial thought they ought not to
be convened for nothing, and fancied their duty had
not been performed satisfactorily if the prisoner were
allowed to escape from his vindictive piosecutor.
Whether Captain Reeve was to be appointed to the
command of another ship remained to be seen, but if he
should be, they should know to what he had to attri
bute his promotion. He had affidavits to show that no
harshness was used to the boy, that lie was allowed two
hours a day for exercise, and was permitted to sleep in
his berth. With regard to prevarication, he was not a
witness for the Crown, but had been culled by Lieu-
, tenant Inman, and bad given his evidence favourably

The case came on for trial before Mr. Baron Manic,
at the last assizes held at Liverpool, when the Jury
found for the plaintiff for the amount sought.
It appeared that the defendants are bankers, carrying
on business at Manchester, and that, in the course of
1837, a woman had lodged in their hands a sum of 50/.,
in the name of Robert Birch, whom she represented as
being about the age of twelve years. Some time subse-
quently to the lodgment of the money in question, the
plaintiff, in company with another person, called at the
banking house and demanded payment of the money,
alleging, as the ground of his right to make such de-
mand, that the female who had deposited it in their hands
was his wife, and therefore that the property necessarily
was his. The defendants, however, declined to accede
to his request, and refused to give up the money.
The present action had, consequently, been brought with
a view to its recovery. On the trial, a witness proved
that about the period at which the sum was lodged in
the banking-house, the husband (the plaintiff) of the
female referred to had received 3001., as his proportion,
in right of his wife, of the proceeds of the sale of the
property of the father of that lady : and it was further
stated that the plaintiff had been seen to hand over to
his wife a bank-note for 501. On the other hand it was
contended, inasmuch as the female in question had
been previously married to a person of the name of
Birch, by whom she had borne the lad alluded to, that
Birch at his death had left property behind him, out of
which a sum of 50/. was to be appropriated for the son.
It was submitted, therefore, that the 50/. which had
been paid into the house of the defendants, in the name
of Robert Birch, the issue of such former marriage by
the wife of the plaintiff, was the produce of the estate
and effects of his father, the first husband. After the
case had been gone into, the Learned Judge was of
opinion that the facts,' as proved, were sufficiently
strong to warrant the presumption, that the money in
dispute was the property of the husband. The Jury
thereupon, the Counsel for the defendants not having,
after the expression of such an opinion by the Court,
addressed them, found a verdict for the plaintiff.

Mr. -TOMLINSON this day moved for a rule to show
cause why that verdict should not be set aside and a
new trial had, on the ground that the wife in this
matter had acted merely as the agent of her son, and
that when she lodged the money in his name in the
hands of the defendants, it was precisely the same as
though Robert Birch had performed the act himself.
The Court granted the rule.

There was no other case of public interest brought
under the notice of the Court, which rose about four
o'clock.

ARCHES COURT, Nor. 2.
(Before Sir HERBERT JENNER.)
THE OFFICE OF JUDGE, PROMOTED BY TUE SUIT OF

BURDAR V. SPEARED CLERK.

This was a suit against the defendant, Mr. Speare,
who is the Perpetual Curate of the parish of Thames
Ditton, promoted by Mr. Burdar, Secretary to the
Bishop of Winchester, which now came before the
Court upon the admission of articles. The articles
imputed to Mr. Speare that he was an habitual drunk-
ard, and that he was in the habit of frequenting a small
inn or public house at Thames Ditton, called the
Swan, and that he had been guilty at various times of
divers acts in the performance of his spiritual offices at
variance with his character as a clergyman ; that he
had been guilty of indecent and irreverent conduct in
Church, in being intoxicated during the performance of
divine service ; that he had been guilty of like irreve-
rent and improper conduct upon a certain occasion,
when one William Carr, a parishioner, had taken his
child to be christened by the defendant, and had paid
him the regular fee, by holding out the fee, and ex-
claiming, " Look'e here ; the clergy are charged with
robbing the poor ; this does not look like it," be being
at the same intoxicated ; that he was in the habit of
having a bottle of port wine or some brandy brought to
him at the Church from the Swan, and deposited in the
vestry on Sundays, and of drinking the same, so that he
became intoxicated ; that upon one occasion he became so
intoxicated as to be unable to complete the performance
of divine service by preaching a sermon ; and that upon
the 10th of March, 1839, he had become so intoxicated
that he got through the service with difficulty, and not
without committing many mistakes, and that even-
tually, after having delivered his sermon, he sank down
in the pulpit, and was totally unable to read the bles-
sing. These acts were charged to have been committed
at divers times specified, since the year 1836, when the
defendant first assumed the office of Curate.

Dr. HAGGARD and Dr. NietioL appeared in support
of the articles.

Dr. ADDAMS and Dr. CURTEIS, on the part of the
defendant, objected to the admission of the articles, and
contended that the allegations were too general to admit
of being properly answered ; that the expression attri-
buted to Mr. Speare was not of a nature which could
be taken cognizance of, inasmuch as that it might have
been used in a sense very different from that given to it ;
that the allegation of the wine and brandy being brought
to the church might possibly be explained by the de-
fendant, and that the circumstance very probably arose
from a desire on the part of the defendant to be pre-
pared, in case any person should be taken ill in the
court of the service, which was an occurrence by no
means uafrequent, to afford them such relief and assist-
ance as a vestry could well afford ; and, finally, that the
specific acts alleged to have been committed by the de-
fendant, in his being unable to continue the service,
inight have arisen from absolute ill health, and not from
the cause imputed.
The articles were then ordered to be admitted, sub-
ject to their being amended on a minor point.

CHURCH-RATES.-HANTS AND VICAT V. APSLEY
PELLATT.

This is a suit for the subtraction of Church-rates,
brought by the churchwardens of Christchurch, Surrey,
against Mr. Pellatt (who is a Dissenter), which he re-
fuses to pay, on the ground that the rate was improperly
made, and that it was unequal. Mr. Pellatt appeared
in person to defend his opposition to the rate. In the
early part of the proceedings Mr. Pellatt appeared
under protest, and addressed the Court at great length
against being compelled, as a Dissenter, to pay Church-
rates. That protest was over-ruled, and he was as-
signed to appear absolutely, The question now was
the admissibility of a libel offered on behalf of the
churchwardens in support of the rate.
Mr. Pellatt begged the indulgence of the Court, as
he was unacquainted with the forms of proceeding.
while he stated his objections to the libel. Ho stated
that the vestry in which the rate was made was most
irregular—that the rate was unjust—that he had not,
as allegA, compounded for the rate, and was proceed-
inc.- to other facts not contained in the libel.
'The COURT said those details would be best brought
forward on the allegation.
Mr. Pellatt considered it would be a denial of
justice if he were not allowed to proceed. He pro-
ceeded to comment upon the conduct of parties.
The CouRT observed that injustice would be done to
parties by the course pursued by Mr. Pellatt, if he were
allowed to proceed, when they were not present to de-
fend themselves. _ _

Mr. Pellatt then contended that the rate had been
illegally raised under a local act, which had not one
word about Church or Church rates.

Sir HERBERT JENNER—I am ready to hear you on
that point.
Mr. Pellatt said a loci( Act was passed in the
51st George 111., chap. 32, for the better assessing
and collecting the poor-rates, and for other
purposes, and for permitting parties to com-
pound for such rates. Now the rate he refused to
pay being a church-rate, was raised under this Act,
which he considered clearly illegal, as the Act did
not refer to such rates. It was true that he as well as
others had compounded for all these rates, but since
the parish was newly assessed he had not compounded
for the Church-rate, nor would he pay it unless com-

A glance into the ouLtr u‘tit of these courts would
furnish a vindication—if- indee I such were possible—o f
tine absurdities of " t2etotalism." A large proportion
of those who weeely crowd to these places are the
wives of labourtag men, and their common object is to
implore some unrelenting publican to grant a little fur-
ther time for the payment of a debt for drink which their
sottish husbaixis, so the ruin of their half-clad and fa-
mished families, have selfishly suffered to accumulate.
A publican, in Soho. claimed ..ss. Bd. (an unpaid
weekly score) of John Thomas, a jobbing porter.
The wife—with an infant in her arms, end two others
shivering by her side ; the group presenting a painful
picture of squalor and famine,—came forward to speak
for her husband.

Her story was the miserable history of many a work-
ing man's home.

" How will you pay the amount ?" inquired the
Chairman.

" God only knows," answered the woman, " all we
have in the world wouldn't fetch half the sum.";
" Five and eightpence is a great deal to run up in one
week," remarked the Chairman. " Pray how much
was drunk at home ?"

Woman—How much ! Not a drop. It was all drunk
away from his family, by my husband, at this man's
house. As for beer, neither me nor my children taste
a drop from one month's end to the other.
COMMISSIONER Number One—Well, well, a labour-
in man ought to be allowed his pint of beer.
Woman—But out of 15s. a week, which is all my
husband earns when in work, ought he to spend ss. Bd.
in getting drunk in a public-house?
COMMISSIONER Number One—ls any of the amount
for gin ?

Publican—No ; the score is for nothing else than.
beer.

COMMISSIONER Number One—Oh, only beer ; get-
ting drunk on beer and getting drunk on gin is two
very different things. I can answer for that.
Woman—But what matters it whether the man gets
drunk on beer or gin, so as he spends in a public-house
what his wife and children ought to have ? Yes, night
after night have I been to this man's house (the publi-
can), begging my husband to come home, or to give me
even a penny to get his children bread with ; but I've
been laughed at, ill-used, and driven out of the house
by his drunken companions, and by the landlord.
Landlord—My house is a well-conducted house—
every body knows that.

COMMISSIONER. Number One—Oh, yes ; your house
is a respectable house, I'll answer for that.
Publican—And I must sell beer, otherwise bow can
I pay my rent ?

CommissioNEß Number One (the owner of several
houses)—Yes, yes ; the first duty of a tenant is to pay
nis rent.

The COURT male an ,order for the payment of the
debt at 6d. weekly.
The woman took the paper, and, a; she drove ter
children before bet, said fiercely, " It's you, you little
unfortunate wrekines,that will have to safer."