The Sun.
London, England, 1830-02-09 00:00:00

ENGLISH

Bank Stock, 218 19
India Stock, 232 3
3 per Cent. Cuns. 9141
Do., for Account, 2
Ditto Reduced, 92}
I OREIG

Brazilian, 68
Buenos Ayres, 29 Si
Chilian,
Colombian, lt2i 3
Danish, 74i 5
French, 4 per Cent. 108 i
Ditto, f per Cent. 84

The Consol Market has been fluctuating during the
morning from 91i. to 91i for the Account, and for Money
911 buyers. This rise in the market is owing to an
eminent broker having sold Four per Cents. and pur-
chased in the Three per Cents.,which certainly denotes that
the Four per Cents. are going to be paid off. Consols at
present are 914 for the Account. A noted Hebrew died
this morning, a Mr. Levy; he was a .great taker-in of
National Shares and Brazil Stock to an immense amount.
His death caused a depressioa in the market. Mexican
and Brazil Stock are lower. Spanish Stock has improved,
owing to a report that they have come higher from Paris.
Accounts from Egypt state that the negociations which
were going forward between the Vice-roy and the French
Agent had ,been broken off, owing to despatches
being received from Government at Constantinople.
The information from Paris this day, states, that in the
Council of Ministers, held on the sth inst., it was deter.
mined that the Expedition against Algiers, consisting of
2b,000 men, should sail in May next.

THREE Cr CL 0 Cli:
Consols for Ae•eunt, 91i.

Yesterday a highly-respectable Meeting of in-
habitant houleholders of St. Pancras' parish was held in
the Vestry-room, " for the purpose of entering into a sub-
scription and adopting such measures as may be expedient
for the relief of the distressed pcor."

The following facts will appear rather extra-
ordinary at the present inclement season. An apple tree
in the garden of Mr. VINCENT, of Fowey, has now on it
part of a second crop of apples ; the came tree put forth
blos,oins three times during the last year.—On old Christ-
mas-day, Mr. ROGERS, of Trenant, near Fowey, shot a
large adder in one of his fields.— West Briton.

MEETINGS OF THE CITIZENS —The city of
Waterford is animated with one universal spirit of enthu-
siasm at the near approach of the contest. The citizens
are proceeding earnestly in the work they have entered
upon, of co-operating with the independent interest in the
county. They have already appointed a committee, and
procured committee-rooms, where they meet daily. Public
meetings will lie held at St. Patrick's Rooms, hencefor-
ward, regularly three times a week. The committee of
the citizens are zealous and indefatigable in the discharge of
the duties imposed upon them. Flags and other emblems
are already in preparation. In fact, in the course of the
ensuing week, the city will he in a perfect blaze. The
blaze is also bursting
.forth in several other quarters.—
IVaterford Chronicle.

Mr. BUXTON, M.P. for Great Bedwin. voted
in the minority, on Thursday night, the 4th instant, in
favour of Sir EDWARD KNATEHBULL'S amildment to the
address.

The private letters received to-day from Rio
de Janeiro are dated the 2d ult. The intelligence they
contain, and which is necessarily excluded from the public
journals, is important, because it would clearly indicate,
if the statements are correct, that the Emrsnox has de-
termined on the support of his daughter's claim to the
Crown of Pornigal. All the Ministers, it is said, with
he exception of the Marquis of ARACATY, who held the
department for Foreign Affairs, have been dismissed for
their oppositi,ns to Don PEDRO'S wishes in this respect,
and a new Ministry has been formed, at the head of
which is placed the Marquis BIREACKNA, the Chamber-
lain to the young QITEEN, and who escorted her from this
country. The new Ministers had not yet commenced
office, but were to do so, according to the private letters,
on the sth of December. The following list of them, but
which cannot be received as quite accurate till further
accounts arrive, is given by one of the private letters
Marquis Barbacena Finance.
Marquis Paranagua Marine.

Conde de Lages- War.
Marquis Caravellas Interior.
Marquis Basto (late Intendant of
Police)
_ _

Justice.

Marquis d'Aracaty Foreign Affairs.
Times.

The Sepulchre of the Virgin MARY is a
spacious grotto, cut out of the solid rock, and divided into
two apartments. Several steps lead down to it from the surface
of the valley. Descending the steps, we found ourselves under
the first cavernous and gloomy roof. This was low, and
cut with great care out of the rock ; and the air was ra-
ther close and sultry. Of the two apartments of the
grotto, the inner one was more tastefully decorated ; for
here was the sepulchre of the Blessed Virgin—a rich
source of profit and superstition. It cost us four dollars
to see it. Here also, in niches cut out of the solid rock,
stood the tombs of ANNA and JOSRPII, with those of two
or three minor Saints. A silver lamp was suspended over
each of them, it being the time of a solemn ceremonial ;
prfumes were profusely burned in silver censers, and their
odour filling the place, did not render the air more pure
or welcome. The small silver altar, massive candlesticks,
and other ornaments, gave a rather costly air to this
chamber, though the clouds of perfume that floated round
half hid every object from the view. The sides of the
rock were in some parts hung with tapestry, and in others
cold and naked ; for the bed of the river Kedion was close
without, down which, during the winter rains, a shallow
torrent ran.— Caine's Travels in the .East.

LAW INTILLIGENCE.-(THIS DAY).

COURT OF COMMON PLEAS.
WEST V. TANTON.

Mr. Serjeant TA nny moved to show cause against a rule
obtained by Mr. Serjeant Wilde. It appeared it was a case
in which the plea was put in in the name of the solicitor
of the customs of Excise, but the entry which was found
in the hook (which he here produced) was Samuel Tan-
ton, at the suit of West. 'I here was nothing on the face
of the entry which went to show that Mr. Walford ap-
peared in any other mode than an attorney. His
affidavit stated, that the said plea was objected to
on the ground of Mr. Walford having ns right to
interfere in the matter. The application which was
made before the Lord Chief Justice was this, to
show cause why the costs should not be taxed, and the
plaintiff prevented from proceeding in the action. The
Lord Chief Justice took time to consider on the question;
in the meantime the plea was delivered, and a question
arose as to the validity and regularity of the plea. He was
prepared to show cause why this rule should not be
granted, it was a very important question to decide, having
arisen from the construction of the statute of 9th George
IV., chap. 25, which was an Act authorizing
the appointing of persons to act as Solicitors
in the Court of Chancery in revenue matters. His objec-
tion to this rule was this :—ln the first instance it was
not competent for Mr. Walford to make himself defend-
ant in this ease, or to act in any case he may please; it
should either have appeared on the face of the record that
it was a case in which his Majesty had some interest, or
the Board of Revenue. It was not sufficient, when a
plea was put in, for the attorney to tell the Court that he
intended to take up the defence of an action on behalf of
his Majesty; but there should have been an applica-

tion made to the Court of bis intention to act in the
case. This was neither more nor less than a plea
put in by a third person, who was aot authorized
to act in it, he not being the actual defendant, nor a per-
son substituted by the defendant, he contended that the
Statute of the sth of George the Fourth slid not authorise
Mr. Walford to constitute himself (immediately, and
without any previous notice, being an attorney to his Ma-
jesty), to act in a case between those two individuals, un-
less a motion to that effect had been made in this Court
previous to the trial. The cause of the present action was
this :—On the 23d of November, the plaintiff went to
Bow-street, where he saw the defendant, who de-
manded from hint a seal and watch, and several
bank-notes, which he positively alleged to have
been obtained by forgery. The plaintiff said that
such property was not the proceeds of a forgery, and that
they belonged to no other person but himself. This was
stated in the plaintiffs affidavit. The Learned Sergeant then
concluded by saying, that he thought his client was fully
entitled to damages for the detention of the property in
question.

Mr. Serjeant WILDS said that if the party went for
substantial damages they might proceed, but if for nominal
damages, he hoped the Court would interpose. In the
case of Rowe and Brenton the Court did not require tl e
defendant to show cause how he was interested in the action.

The Cum JUSTICE said that they knew very well in
ancient times no man could appear in Court by his attor-
ney, but that was annulled by a later statute, in which
an attorney was allowed to act as the defendant. The
2d clause of the statute of George IV. goes to say, that
certain persons who were appointed to act as attorneys on
behalf of his Majesty might act and practice in all and
every Court in the United Kingdom. It seemed
to him that the words used in the plea of
Mr. Walford did not bring bim under the cha-
racter of one who was not authorised to act in the
present case. This plea therefore ought not to be
treated as a nullity, but on the contrary it was put in by
a person having authority to act for the defendant.
_ _

'Mr. Justice PARK and Mr. Justice GAZELEE were of

the same opinion.
Mr. Sergeant BOSINQUET also expressed his opinion
on the case, which perfectly coincided with his Learned
Brothers.

PREROGATIVE COURT.
JUDGBLENT.-Tilt KING'S PROCURATOR-GENERAL 0.

D AVIES.

Sir JOHN NICHOL gave judgment in this important case
this morning, and which has been so long before the Court.
The decision involved property to the amount of about
15,000/.
The Judge stated that this was a question to try the
validity of a paper propounded by Mrs. Mary Davies as
the will of the late Robert Spink Newsome. The deceased
died in 1815 aged 19. The paper propounded was dated
1815. If not valid the property of the deceased will belong
to the Crown. The real party in this case was the brother
of the deceased, to whom all the property was to revert in
case of the death of Robert Spink Newsome. The question
was whether the paper propounded by Mrs. Davies was
testamentary. Looking to all the facts of the case, he
should revoke the administration, and decree nomination
on the part of the Crown.
Dr. Punramoax prayed that Mrs. Davies might be
allowed the costs of the suit out of the estate.

The KING'S ADTOCATE, on the part of the Crown and
the other party in the cause, had no objection to allow
coats.

EXECUTION THIS MORNING.

This morning the awful sentence of the law was carried
into effect upon the person of James Butler, whose crimes
have been frequently recorded in The Sun and other
Journals ; but to recapitulate those whish he admits having
been privy to would not comport with our space. At a
little before eight o'clock, both the Sheriffs and the Under
Sheriffs attended at the prison, who, preceded by their
officers, were conducted to the press-room, into which
Butler was almost immediately after introduced, supported
by the Rev. Ordinary and Mr. Baker. The " yeomen of
the halter" then performed the duty of pinioning him ; and
during this solemn preliminary the convict complained
repeatedly that he was bound too tight. He then addressed
Mr. Sheriff Ward, and said—" Sir, you received the letter
I sent to you?" " No," said the Sheriff; whereupon the
culprit looked round with surprise. Mr. Cotton, the
Ordinary, told Butler that he had the letter, and that in
due time it should be delivered to the person to whom it
was addressed.

[The writer of this sketch has the letter alluded to i❑
his possession, but he •nly states that its contents com-
p!ctely exonerate the person who was tried with him upon
several indictments.]
The convict said, while surrounded by the persons pre-
sent,—" 0 Lord, I am so guilty, can there be mercy in
store for one who has been a transgressor so long ?"
Mr. Sheriff Richardson endeavoured to allay the feelings
of the malefactor's mind, and Mr. Baker reminded him of
the sufferings of Him who died for the transgressions of
mankind.

Butler said—" My punishment is just, and I venture to
hope God will pardon me."
The solem❑ procession then advanced towards the fatal
scaffold, the prison bell tolling, and the Rev. Ordinary
reading the usual extracts from the Burial Service, com-
mencing with,—" For I know that say Redeemer liveth."
As he walked through the avenues, the culprit appeared
firm, hot as soon as he beheld the dreadful scaffold his
fortitude forsook him, and his frame was convulsed in an
extraordinary degree, hut his mind appeared not to be so
much affected, for in very coherent language, although
under much agitation, ke called upon God for pardon until
his stammering tongue was silenced by death.
Owing to the torrents of rain which poured down during
the morning, very few persons were in attendance to wit-
ness the exit of ono of the most expert " Cracksmen" who
has for the last ten years lived within the Bills of Mortality.