The Sun.
London, England, 1837-01-12 00:00:00

VICE-CHANCERY.-(THIS DAY.)

The arguments of Counsel upon a cause petition of no
public importance, in " Hoare v. Everest," occcupied the
attention of his Honour the whole of the morning.

ROLLS' COURT.-(THIS DAY.)

WATERS V. WATERS.

Mr. PEMBERTON appeared in support of the petition of
Mrs. Waters, praying that she might be at liberty to have
access to her children.
Mr. TEMPLE appeared for the guardians. It had been
suggested to his clients that the lady would be satisfied with
seeing her children once a month, attended by some re-
spectable person, to be agreed on. This the trustees could
have no objection to, and the only difficulty would
be in agreeing upon the person who should attend with her.
Unfortunate circumstances occurred which rendered it
impossible that the mother should have the sole custody of
her children, and the guardians therefore were only desirous
of doing that which would be right, and of being protected
from annoyance.
The petition was ordered to stand over till to-morrow
week, in order, if possible, that some arrangement might be
come to in the meantime between the parties.
No other petition of any interest was opened up to the
time of our leaving.

KING'S BENCH.-(THIS DAY.)

THE KING V. TYNDALL AND OTHERS.

In this case, which was an indictment charging the de-
fendants with having created a nuisance in the harbour of
Scarborough, the CHIEF JUSTICE proceeded to pass the
judgment of the Court. The indictment stated that by
means of certain planks placed in the river by the defen-
dants the harbour was rendered insecure. The Jury found
a special verdict to the effect, that notwithstanding the
planking and piling placed in the upper part of the river,
close to the premises of which the defendants were the
owners, the water could yet flow between the pilings,
that the works created by the defendants were,
in conjunction with other circumstances, the cause
of rendering the harbour insecure ; but that they were not
more than sufficient to protect their property from the ef-
fects produced by the tide. Upon the first view of the
special verdict, the Court were under the impression that
they should direct a venire de novo, but upon the whole of
the facts they were of opinion that they might now pass
judgment upon them, and indeed the Jury might by their
finding be supposed to ask the Court to do so. The
question was whether the effects produced by the defen-
dant's works were sufficiently described so as to enable
the Court to pronounce them a nuisance. They thought
the expression in the verdict finding the harbour to be, in
consequence of the defendant's works in conjunction with
other circumstances, less secure than it otherwise would be,
was vague and indefinite. Without saying how far the
conduct of the defendants was justifiable, if their works
were in themselves the cause of injury to the harbour, the
Court was of opinion that under all the circumstances, theydid not constitute a nuisance, and they should therefore di-
rect a verdict of not guilty to be entered.

LORD G. LENNOX V. DESBOROUGH AND OTHERS.
The ATTORNEY-GENERAL said it was his intention as
expressed yesterday to move at the sitting of the Court
this morning for a new trial in this case, but he understood
that such a course would be unnecessary from what had since
occurred. It would be observed that upon the third issue
as to the fact of the assured Lieutenant-Colonel Gress-
wolde being affected with fits, the jury found that there
had not been an examination by the usual medical officer
of the Company, and unless the opposite party made some
motion on the subject, he would not trouble their Lordships
further upon it.
Mr. THESSIGER for the plaintiff, wished the Court to
state its opinion.
The CHIEF-JUSTICE said the parties were before him in
Chamber this morning, and after hearing both sides, he di-
rected a verdict to be entered generally for the defendants.
Mr. THESSIGER would ithen take time to consider the
subject, and would probably make some motion respect-
ing it.

BAMSTON V. BOND AND ANOTHER.
This was an action for an assault committed by the de-
fendants in turning the plaintiff out of the church of Sta-
pelford Thorney, in the county of Essex. It was tried at
the last Westminster Sittings, before Mr. Justice Coleridge,
and a verdict was given with 40s. damages for the plaintiff.
Mr. THESSIGER now moved for a new trial on the ground
of misdirection, inasmuch as the facts given in evidence
were not clearly put to the Jury. The plaintiff was school-
master of the parish, and the defendant, Mr. Bond, was
the curate ; the other defendant was churchwarden. A
short time before the celebration of divine service, on the
day of the alleged assault, the plaintiff was called into the
vestry-room, and was told by Mr. Bond that in conse-
quence of a public remonstrance respecting his irregularity
he, the plaintiff, should resign his situation ;
whereupon he
made a great noise, and an altercation arising the plaintiff
was removed from the church, and not suffered to remain
there to the disturbance and disedification of the congrega-
tion. Upon the trial the Learned Judge told the Jury that
a previous notice to leave the church ought to have been
given to the plaintiff before he could be removed by force,
and he (Mr. Thessiger) now contended that under the cir-
cumstances such notice was unnecessary, and the justifica4
tion of the defendants ought to have been held sufficient.
The Learned Counsel having read over the evidence,
The CHIEF JUSTICE said he concurred in the opinion
expressed by Mr. Thessiger, that notice to leave a church
was not necessary, where from the circumstances such an
affray was likely to occur as would have the effect of dis-
turbing the congregation. But in the present case it ap-
peared that the plaintiff was called into the vestry-room
by the curate, and such an altercation did not appear to
have arisen as would justify the defendant in removing the
plaintiff. He did not think there was any misdirection on
the part of Mr. Justice Coleridge, and he should say the
verdict ought not to be disturbed.
Justices LITTLEDALE and WILLIAMS expressed their
concurrence in this opinion, and Mr. Justice COLERIDGE
said he would gladly review any of his decisions ; but in
this instance he did not think he had misdirected the jury,
but had fairly put the facts before them as they appeared
in evidence.—Rule refused.

HINTS ON ETIQUETTE.—Success is generally a
proof of merit, and in the instance of the little work above-
mentioned, we think decidedly so. Nearly nine thousand
copies of it have been sold within twelve months. The
Athenteum of January 7, says—" It is a matter of some
surprise
to us, that in these days, full of improvement as
they have been, as well as are, two works on Etiquette
should have been popular and necessary." The other work
is the " Science of Etiquette," against which, we saw a few
days since that an injunction had been obtained, on account
of its being a piracy of the " Hints." The Exeter Gazette
of January 7, in noticing the " Hints,' says, " We are in-
duced to notice this excellent little work, because its suc-
cess has brought out several other publications under a si-
milar title, but of a very different character. The periodi-
cal press has been universal in the praise of the " Hints.'
The Court Journal observes, " that many persons in the
polite world' would benefit by a perusal of these sugges-
tions." We conclude by cordially recommending it to our
readers. It is rather singular, by the bye, that in the ap-
plication for the injunction we mentioned above, Mr. Day
(who was stated in Court to be the author) should have
been supported by Mr. Knight. It is not usual to see
Day and Night on the same side.

THE FUNDS.-(THIS DAY.)

CITY, TWELVE O'CLOCK.
Two French mails are arrived, bringing accounts from
the Carlist head-quarters, of the date of the 2d inst. Vil-
lareal had resigned the command of the army, and the In-
fant Don Sebastian is appointed in his stead as Commander-
in-Chief. Eguia is to be Minister of War. On the Ist
inst. the contending parties were in the same position. A
report prevailed yesterday among the monied interest that
some of the drafts of a provincial bank had been refused
acceptance by a London banking-house, which turns out to
have originated in a mistake ; it had the effect during the
morning to cause a heaviness in the various funds.

THE FUNDS.
Consols, which closed yesterday at 908 for the Ac-
count, and 888 89 for Money, opened at the same prices
Lis morning. Exchequer Bills, 23 25 ; India Bonds, 12
14 ; Bank Stock, 210 211.

Spanish Active 24i 25-4-; Portuguese, 472 ; Three per
Cents., 291 30.
The following is an extract of a letter from an officer on
board his Majesty's brig Leveret, at sea, October 8, 1836 :
—" On the 9th September his Majesty's brig Leveret,
when on return to the Cape of Good Hope from a six
months' cruize on the east coast of Africa, in lat. about
24 50 south, and long. 40 40 east, fell in with a brig
under Spanish colours, who having considerably the advan-
tage of sailing, the boats of the Leveret were sent to
board her. Mr. Foote, mate, in the gig, and J. Russell,
second master, following in the cutter, armed. The former,
when under the stern, hailed the brig, and enquired
where she was from. A. person announced in English,
Eighty days from the Havannah, bound to Manilla'
Mr. Foote then told them he wished to come on board.
The same person replied, If you attempt to come on board
we will kill you all ;' but the gallant Leverets were not to
be repulsed without a trial, and pushed on, when on a
sudden a number of men to the number of eighty, made
their appearance, and opened a heavy fire of musketry and
swivel guns, killing and wounding several, Mr. Russell
being shot through the arm, and the sailing-master being
severely wounded in the elbow-joint, so as to render imme-
diate amputation necessary. From the number wounded
our boats were obliged to return to the Leveret, being then
distant about two miles. The Commander being determined to
trace the haunt of the pirate, returned towards Mozambique,
anchoring there on the 20th of September ; and on the 25th,
whilst laying at anchor under St. George's Island, off Mo-
zambique, a redish-looking brig was discried in the offing,
who hoisted Spanish colours ; we all knew our vessel ; the
Leveret was disguised to give her the appearance of a Bra-
zilian slaver, and the ruse answered—the Spaniard continued
nearing the harbour, not a person was to be seen about the
Leveret's decks. When the Spaniard got into the harbour
the Leveret tripped her anchor and made sail into the har-
bour, and boarded in prime style the Spanish piratical and
slave brig Dioginese, mounting eight long twenty-four
pounders, having a crew of 69 men ; at the moment of
boarding she threw her slave coppers overboard, and the
Portuguese Fort of St. Sebastian mounting 80 guns,
twenty-three of which were aimed at the Leveret, the guns
beinc, worked by the crews of the Spanish vessels in the
harbour, opened fire on us, one shot entering the hiwer
deck ; a message was sent to the Government informing
them of our waving taken possession of a Spanish pirate.
This did not satisfy them, and they were not content with
insulting the British flag, but they endeavoured by sinister
means to get our Commander on shore to make a prisoner
of him. After amusing themselves for three days firing on
the Leverct and her lawful prize, five shot having struck
the Leveret, they made an attempt to take the prize,
which at first proving unsuccessful, they sent off a message
to say that if the Spanish brig did not hoist Portuguese
colours by four o'clock ; they would sink us and our prize.
Four o'clock arrived, and no Portuguese colours were
hoisted, they opened fire on the prize, and nine shot
having entered her hull, we hauled down our colours
to prevent downright murder, for we were laying within
pistol-shot of the fort, and the shots were flying about like
hail-stones ; the Portuguese sent off a large launch filled
with soldiers, supposed to be Spaniards, belonging to the
ships in the harbour—they took forcible possession of our
prize."
Our arrivals this morning are two French and the Os-
tend Mails, with ship letters from Oporto and Teneriffe.
HALF-PAST ONE.
A meeting of Colombian Bondholders has been convened

for this afternoon, to have submitted to them CcWaincom-
munications from the Colombian Government, relative to
an arrangement for the liquidation of the dividends.
Consols, which were in the early part of the morning

90r for the Account, have improved to 90i- ; Money,
89-fr ; little doing except in making up the accounts
against to-morrow (settling day) in Consols. Exchequer
Bills (not so good), 25 22 prem. ; India Bonds, 14 prem. ;
Bank Stock 210 ; India Stock 2551.
In the Foreign Market Spanish Active receded from 241

to 241- ; Passive, 78 ; Deferred, 111 ; Portuguese, 47f ;
Three per Cents. 30 ; Colombian, 27 ; Dutch Two-and-a-
Half per Cents., 534
M. Alvarez, nephew to M. Mendizabal, has arrived in
London from Madrid.

THREE 0' CL 0 CK.

Consols for the Account, 901

THE NEW COMIC PERIODICAL WORK, EDITED
BY " Boz."—The difference between promise and per-
formance is one of those convenient topics on which the
most silent men can dilate. It was with a pretty strong
perception of this fact that we opened " Bentley's Miscel-
lany." We had no small faith in the ingenious conductor ;
but though we knew that " Boz" could not easily write—
we had some misgivings that he might edit—matter dull
enough. Had the ample promise of amusement in " Bent-
ley's Miscellany" proved in the performance as dull as a
thrice-told tale, we were fully prepared to submit to the
disappointment. For once in our age of infidelity a miracle
has burst upon us. The deed does not only fall below—
it rises above the word. The " Miscellany" is more than
witty—it is full of wit. Such a crowd of good things we
may occasionally have observed in some advanced Number
of a long-established periodical ; in a first Number, never.
--Birmingham Journal.
Duke Charles of Brunswick has removed from the
Carlton Hotel to a mansion in Bryanston-square, where his
Highness will reside during the season.

Influenza is very prevalent in Edinburgh at present.
The Solicitor-General has been severely attacked by it, and
many other individuals arc suffering from its effects.
A preparatory meeting took place at Northampton,
consisting of the most influential boely of Dissenters from
different parts of the county, to take into consideration the
best means of relieving themselves fi om that most obnoxi-
ous impost—Church-rates.
Dalkeith Palace, the seat of the Duke of Buccleuch,
was the scene of much festivity du ring the holidays. 'The
house was full of cumpany. Lord Marsham had left the
Palace to preside at a Conservative dinner at Maidstone.
A soup-house for the poor of the vicinity is kept up during
the winter, at the expense of her Grace.
Viscount Melbourne is expected in town in a few
days, from Ireland.
Viscount Morpeth has arrived at Carlisle House,
Grosvenor-place, from Dublin Castle, for the season. His
Lordship's Under-Secretary, Mr. Drummond, will act as
Deputy-Secretary during his absence, and G. Yates, Esq.,
Will exercise the functions of Deputy Lord Privy Seal. of
Ireland.

The French Papers contain an account of another
ascent of Mr. Green, in his monster balloon. The intre-
pid voyager narrowly escaped an accident that might have
proved serious. The car came in contact with the wall of
a house in the ascent, but fortunately without injury to Mr.
Green or his companion. The. utmost alarm was created
at the moment amongst the spectators.
Most of the mails arriveil yesterday morning at or
near the regular hour, and the last of them had come in
before nine o'clock, so that by• a little extra activity in the
sorting department, the whole of the letters and papers
were sent out for delivery by about the regular hour, being
the first time this had been accomplished since the com-
mencement of the snow storm. All the inconveniencos re-
sulting from want of punctuality in the post, delivered' as
well in the provinces as in the metropolis, are now consi-
dered to be at an end.

Last week a man was devoured by wolves in th .e
forest of Cardaillac, near St. Gaudens, France. Nothini V
was left of him except the bones and his clothes.
The cold at Strasburg and Dijon has been ems—.
sive. The thermometer was at one time as low as 10 5-104
below zero of Reamur, or 8 of Fahrenheit.
We learn from Caen that the game has been so, Cle..
stroyed in that part of the country, in consequence or 'the
deep snow, that for some years it is likely to be exe ed-
ingly scarce. The hares have fallen by hundreds by • the
sticks of the poachers, who find it unnecessary to use t Heir
guns. Some sportsmen of Ligny recently killed t time
wolves, which were seen prowling about the streets and
neighbourhood of that town. The animals had no d( rubt
been drawn by the severity of the weather from their • ac-
customed haunts in the forests,—French Paper.
The celebrated Norwegian sculptor, ThorwaldE‘A en,
who is now at Rome, is executing a statue of Konradin, of
Swabia, for the Prince Royal of Bavaria. He has jt ist
finished a magnificent bas-relief representing Hector, whi ch
excites general admiration.
At ten o'clock on Tuesday evening, as Mrs. Fi
gibbon, the wife of a tradesman residing on Thames Ba nk,
Pimlico, was passing to her home, she stumbled upoi
bundle, which, upon inspection, was found to contaili the
dead body of an infant. Police constable Elliott, of the
B division, came up at the time, and conveyed it to the
beadle of the Grosvenor district. A Coroner's I. all 05t
will be held upon the body this day.