The Sun.
London, England, 1838-11-06 00:00:00

,1 f er) e al

WITH WHICH
THE " TRUE SUN " IS NOW

INCORPORATED.

LONDON
TUESDAY EVENING. NOVEMBER 6,183 S.

By the Royal Willianz, which arrived at Liverpool
Yesterday from New York, we have received New
York Papers of the 90th, Philadelphia and Baltimore
Papers of the 19ih, Quebec Papers of the I lth, and
Montreal Papers of the 16th ult. inclusive. The
Poyai William sailed from New York on the evening
of the 20th, and although the weather was very
st°7-"l3', and she encountered some severe gales, she
!bade the passage in fifteen days. The news received
by her is most important. Lord DURHAM, in a long
Proclamation addressed to the inhabitants of British
America, which will be found in another part
of The Sun, virtually re signs the Govern_
went of Her Majesty's dominions in North
-America, and - formally announces his intention
of proceeding forthwith to England. The Noble Earl
enters into a full explanation of the reasons which
have induced him to adopt such a resolution ; and it
is impossible to take them into consideration without
being satisfied that his Lordship has now no other
alternative. He tells the Canadians that lie was per-
fectly aware on assuming the government of British
North America, that his authority was in the
strictest sense of the word despotic ; and he re-
joiced that, being uncontrouled by constitutional
forms, he could pursue the great ends of jus-
tice and sound policy in a free and unfettered spirit.
His Lordship's aim was to remove the causes of dis-
sension ; to elevate the Province of Lower Canada to
.11 thoroughly British feeling ; and, having introduced
harmony among the jarring elements, to crown his
labours by being instrumental in conferring upon "an
united people" a more extensive enjoyment of free and
responsible government. In accomplishing these
Feat objects he looked forward to the cordial support
,_and co-operation of Parliament and the Ministry--
"eing aware thai without such support all his labours
Would prove abortive. He has been disappointed ; and
therefore,
as his authority is no longer sufficient to
fire him to secure the tranquillity and establish
tire
freedom of the Canadas, his Lordship has
other alternative than to resign, and leave the
responsibility of the Government to rest upon the
Shoulders of her MAJESY'S Ministers.
Lord DURHAM'S Proclamation created quite a
sensation in the United States. In the New York
Weekly Herald of the 20th, we find the following
observations noon its appearance :
Lord Durham is man of great talents, remarkable address,
ttd
f The high ambition that naturally attends genius. It is
irne that many make objections to him, on. the score of
Leraper—bt it is singular fact in his carreer, that, when
T-e had a great purpos% to attain, his temptr was regulated
n. under the controul of his will. He will return to Eng-
c_r"A with the same feelings towards Lord Aldbourneswhich
temper
entertains- towards Lord Brougham. The tone and.
'ernper of his Proclamation are calculated. to cause a prodigi-
ous impression in England. It will raise for him a position of
Dgreat influence, power, and strength. For many sears Lord ,
urham has been in search of the point he has now reaohed—
apo:nt from which be will ultimately seize the Premiership.
, But while his departure opens a fine prospect for himself,
ae leaves the Canadas at an unfortunate time. In the short
Period he has been there, his conduct towards Americans, as
well as Canadians, has done much to restore harmony on the
border. What a contrast the sentiments of this Proclamation
Present, so far as regards the United States, to the pitiful, pal-
try effusion of Sir Francis Head !

The Quebec Gazette sta!es that Lord DURHAM
'ras to leave Montreal for NlTashington, on his return
to England, on the 27th: The Montreal Herald
fakes the 20th the date of his departure, and adds
thati he bad ordered the Malabar, of 74 guns, to await
ms orders at New York. The Countess of DURHAM
titnd suite was to sail for England on the Ist inst., on
onard the Inconstant frigate.
The latest intelligence from South America, and
thei state of the New York money market, will be
'..zearned by a reference to our extracts from the New
Payer
Journals. We extract from the New York
already quoted the following suggestion, not
ie
0185 livorthy of the attention of the British Parliamen
Okf the Members of Congress :
leadi,.t," next English Parliament the Corn-laws will be the
tqooh!ie ofe a discussion. It is therefore a favourable
nonoer_lo:Joern.t‘i:etnheew United States Government to attempt thed
of
few commercial treaty with England, based
Op
principle of reciprocity, a mutual dutyo
our
tts, a2O Per cent. on British manufactures enteringi
tiglatoild .011 American' corn entering theirs. I ereafter
laot to takeought It from the North of Europe, because the North
rlI pe will not take her manufactures. We will.
gets, ne Royal William brought twenty-nine passen-
des, "ne of whom, Captain CoNROY, is the bearer of
./trtehes from the Earl of DURHAM to her MA-
Ntinisters.

41.
tion The
state of our Navy begins to excite public atten-
Th Some alarm exists as to the projects of Russia.
beer re iS a probability of war, and as the Navy has
neglected through 23 years of peace, it seems
of to be suddenly discovered that the right arm
W:111' safety is weak and decrepid, if not
arge paralyzerl:
fair are
at issue with Russia as to the af
I of pet sia, and to-day it is stated that the
of wi .11°0 force collected at Sebastopol, and
gasnich the efficiency has lately been much Vaunted,
ex
under Pected at Constantinople. The English fleet
par Admiral STOPFORD had been ordered to pre-
txue for an
emergency, and at Constantinople it was
rueeted, should the Russian fleet enter the Bospho-
4:' that the British fleet would pass the Dardanelles.
wac°llision between them is in fact not so unexpected as
at BNthe collision between the British and Turkish fleets
twe avarino. The Russian fleet is said to consist of
fleet •3h",iPs of 120 guns, and six of 84—a formidable
for; "t Russia is not able, we believe, to cadlect
Polie in that neighbourhood at which Admiral STor-
pes:l,lleed feel the least alarm. At the same time the
rieuilitY of a war with Russia, which must be car-
Metre by our ships annihilating the corn-
Russia, nf Russia, and the formidable fleet possessed by
ltg4i:e' Make the present condition of our Navy, now
lie • after many years of neglect, one of intense pub-
interest.
tenant 01 'shed yesterday the memorial of the Lieu-
tioyehuis:a atie
largel rn
body of men, who are, when e-
say, constantly on guard, on whose
the feniness and resources in the moment of difficulty
Pend, of the ship and the lives of the crew de-
er wel :cording to their memorial, no small degree
their -founded discontent, arising from a comparison of
,:kr services and rewards with those of officers of other
the 3 and other services, prevails amongst them, and
vi shil° Y aaskLfeotrteir on
neased advantages. To-day we pub-
the Navy from Captain NAPIER,
MbplitinS, like every' rational person who has

ever attended to the subject, that enough has not been
done to provide men for the Fleet. After twenty-
three years' peace, the Navy remains branded with all
the odium of impressment. Our ships are still gaols
guarded by soldiers, and places of exile and punish-
ment. Not one effort of the least importance has
ever been made by all the successive Admiralties,
Whig or Tory, since 1815, to deprive them of
this character, and provide a substitute for the abomi-
nation of impressment. If, however, the Admiralty
and the country think that even a war at our own
shores, much less a war to prevent Russian aggressions
on Persia and Turkey, would make our seamen, in the
present state of political opinion and political know-
ledge, submit to impressment, they are, we are afraid,

much mistaken. America offers them a home and a

refuge ; and if they did not openly resist im-
pressment, as we believe they would, they would,
as heretofore, take shelter in America. The
beginning of impressment would be the signal for a
general rebellion or a general desertion of the seamen,
who would properly leave the country to be defended
by those virtuous prelates, high-minded nobles, hu-
mane and charitable landowners, merchants and ma-
nufacturers, who, in their legislative capacity, would
again treat our seamen as brutally as the inhabitants
of Africa were ever treated by those who sold them
into slavery. There is no want of ships. No
expense has ever been spared for the wood and iron
of the Navy. Thousands, aye, even millions of
pounds sterling have been wasted on hulls which
have been laid up to rot, but the .just method of

buying the voluntary services of the seamen, to any
extent that might be required, has always been objected
to on the score of the most pediing, disgraceful, un-

just parsimony. The consequence is, that after 23
years of peace, when the population has swarmed, and
is swarming over all parts of the world, men enough
cannot be obtained to man a few sail of the line.
We know that the greatest difficulty was experienced
in getting men for the ships now in commission, and
unless some bold, manly, and just step be taken to
redeem the character of our Navy—unless it be pub.-
' licly and authoritatively relieved from the felon stigma
with which impressment brands it—that difficulty will
continue and will augment. Admiral NAPIER says
that the Government ought to manage to have ten sail
of the line ready for sea next spring ; but, however
urgently they may be required, it may be doubted if sea-
men enough to man such a number of ships could be
obtained, between this and the beginning of March.
Too soon, however, the Legislature and the public
cannot begin to encourage men to enter our Navy ; too
soon cannot the Admiralty and the Parliament dis-
avo w all intention of ever again having recourse to
impressment, or any other coercive method of getting
'seamen ; such as the Frenchified and disguised im-
pressment recommended by Admiral NA PIER, and
adopted without the least benefit by Sir JAMES
GRAHAM ; and too soon cannot the whole nation
treat the very useful, and even indispensable trade of
a seaman, whether in the merchants' or Queen's ships,
as a very honourable occupation, worthy of much
higher pay than it now receives. Our existence,
as a great and independent nation, depends
no more on growing corn enough to feed all our
people than on growing cotton, but it does depend on
increasing the numbers and elevating the character of
our seamen ; and if the legislating landlords had em-
ployed the tenth part of the sum of which they
have annually plundered the community since 1815,
to provide seamen for our ships in case of emer-
gency, instead of making war against our trade,
we should now he ready, if necessary, to defy the
world. At present we must be humble, and perhaps
submissiic, lest France seize the opportunity of
England being at war with Russia to revenge what
still unfortunately rankles in the hearts of all her
people as an everlasting disgrace, the victory of Wa-
terloo.

The High Church organs have been wonderfully
silent for some days, on the atrocious attempt of the
Marquis of HEADFORT, and thousands of landowners
in the South of Ireland, to shake off the burden of
tithes. Probably Mr. O'CONNELL will furnish them
with some new topics a the meeting which is to be
held in the county of Tipperary on Thursday next. But,
after all, we are not surprised at their silence. It is to

rem a sore subject, and their mode of meeting the ques-

tion amounts to an acknowledgment of the great error of
the party in refusing good offers never to be repeated.
They make a dreadful noise and bustle, like a man
engaged in an unjust quarrel, and_ like him get out of
the fray with all convenient speed. Their opponents
have all along had the best of the argument, they have
had also precedent sanctioned by legislative enactments,
and they have now power. In the long history
of Tory mismanagement perhaps there never was
such an egregious blunder committed. The anti-tithe
men said from the beginning, and even up to the close
of last session—Provide liberally for the Protestant
Church, and all we ask is the surplus of the tithes
for the education of the Catholic peasantry. No—
the offer was rejected again and again ; and in spite of
common sense, justice, and policy, the House of Lords
decreed that the whole of the tithes should be set apart for
only a tithe of the population. The landlords now say—
We only follow the example of that nation whom Lord
LIVERPOOL called "a well-conditioned people," whom
so many writers praise for their morality, religion, and
also for their worldly prudence, in time last of
which we have been sadly deficient, and we will
adopt a precedent set us by the Scotch landlords,
who put a large portion of the tithes into their
own pockets ; and since you will not allow
us to give a small portion, as the moral
Scotch did, to the Church of the people, we will do
our best to keep all to ourselves. This little incident
in the history of the Church of Scotland, holds out
strong encouragement to the, anti-tithe agitators, and
as possibly an account of it may not be uninteresting
to the Tory Peers, we will give it in the words of Mr.
M'CuLLocK, in an article on " Scotch Tithes or
Teinds." On the Reformation, teinds and other
Church property suffered much dilapidation ; the
greater par having been seized by the nobility and
highergentry, a small portion only has since been devoted
to the -maintenance of religion. In 1561, by an Act
of the Privy Council, a third part of the Ecclesiastical

Revenue was given to the Church, but of this third no
small portion was discharged by the QUEEN, or
bestowed in pensions on favourites of the Court. And
in another place he adds, that at present the landlords
and others retain a clear yearly surplus of 124,3181.
of Tithe property.

We perceive by the Tory Journals that two " As-
sociation" guzzles were celebrated last week by persons
belonging to that faction which is opposed to every
thing in the shape of improvement. Last year a great
effort was made to establish Anti-Reform Societies ;
and, by dint of cajoling, treating, and other kindred
practices congenial to the spirit of the party, the effort
was, to all appearance, successful to a certain event.
These confederacies, however, opposed, as they were,
to the best feelings of the best part of the public,
could not be expected to thrive. The principles on
which they were founded never can take root among the
English people, and, accordingly, we find that they are
already in a state approaching to dissolution. We
now and then; as in the instances before us, hear of a
pro forma meeting of the fag-end of some of these
highesOttncling Associations to celebrate the anniversary

THE SUN,:LONDON, TUESDAY, NOVEMBER 6, 1838.

of its foundation, the only effect of which is to pro.
claim to the world how completely the attempt to torify
the popular mind has failed.
The two " celebrations," to which we have alluded,
took place, the one at Droitwich, the other at Brent-
wood, and were intended to commemorate, respectively,
the anniversary of the banding together of the Tories of
East Worcestershire and of South Essex. The persons
who attended were few in number, and among them we
can find none of those whose high titles used last year to
be blazoned with such an air of triumph in the columns
of the Tory Newspapers. Not a single noble name, in
any sense of the word, do we see in the lists of these
meetings. This is a sad falling off, and will not be
compensated by the attendance of the more rabid of.
the Parsons, who are now as cheap as dirt, and whose
names, of course, carry no weight with the public. -
We need not take up either our own space, or the
time of our readers, by an analysis of the speeches
delivered at these meetings. They consist of nothing
but the old hackneyed topics, inveterate abuse of het
MAJESTY'S Ministers, because they will not resign
the Government to the Tories, contradictory and clumsy
attempts to misrepresent the views of the Reformers,
the most nauseous flattery of Sir ROBERT PEEL, and
the choicest flowers of Billingsgate showered upon the;
head of Mr. O'CONNELL.

We are glad to learn, for the honour of human na-
ture, even when &Lased by contamination with
the unredeemed selfishness of rank and power, that
the conduct of tue Court Physi-Cian was not as bad as
it was described to be. Sir HENRY HALFORO'S lone.
delayed, and at length extorted explanation will be
be found in another place, and if he have been ex-
posed to a hard measure of disapprobation, it was
because he has treated public opinion with too
much neglect or contempt. An earlier contradiction
of the published report would have benefited no per-
son so much as Sir HENRY HALFORD. That it
now completely exculpates him the public will hardly
admit. Sir HENRY trust, of course, have known the
nature of the attack, and that prompt bleeding was neces-
sary. He had not, however, a lancet of his own, and he
trusted Mr. LOCKLEY'S life to the chance of Mr.
DEWSBURY'S arrival. At least if he would not bleed
Mr. LOCKLEY himself, he miiht have made himself
sure, by waiting to see Mr. DEWSBURY, that Mr.
LOCKLEY would be bled, and might have given his
directions personally, instead of transmitting them
verbally through the humane keeper of a railway
station-house, and immediately departing. We admit
that much of the disgust which was excited by the
first report disappears on learning that Mr. LOCKLEY
lived twelve days after his seizure, but that does not
in our estimation render Sir H. HALFORD'S conduct
in not bleeding Mr. LOCKLEY himself, or not waiting
to see him in the hands of another medical practitioner,
either amiable or friendly.

The whole of the Paris journals of Sunday have
been received, but they contain no domestic news of
any interest. From Russia and Spain they bring im-
portant intelligence, Which will be found in another
part of The Sun.

riA .IBIJRCi BORSEN IIALLE, Nov. 2.
Bills. Money.
Austrian hlctal'iclues, 5 per cent.
I)W° ditto 3 per con.
Ditto 4,1tt0 2 per cent
lint° Bank Shares 1448 1446
Anglo-Russian Loan les 11)7%
Russian 5 per cents, Meta,
Paper Inscription, 6 per cent 102511 102 M
lim.fian Inscription, Hope and Co., 3d and 4th
Series
Ditto, Certificates
Portuguese Regency Bonds, 5 per cent —
Ditto, 3 per cent —
Dutch'_;, per Cents.
Ditto 5 pet Cents 9934 09
P:;isil Binds, 3 per cents.
New Tickets .. 154 ]s3t
Anglo-Danish Loan, 0 per ceo's 71% 71%
Norwegian Lean of IEtA, 4 per cents
SianiF iti in piastres, 3 per Cents —
Cortes Lcan, 5 per Cent
Greek 4 per cents. ]533, guaranteed by France _
EXCH A N tiES ON LONDON.
II A MISU 11,i, Nov. 2.-138 ! two months, 136%.
ST. PETE i:SRUHC IT , OCE. '23.--Three months, 11.
VIENNA, OCT 26.—Two months, 9 57 .
1iE.111.1 N. OCT. 30.-I'hr,e m.tiths, 6. 25.
—.Hamburg rapers, Nov. 2.
AUSTRIAN FUNDS.—VIENNA, OCT. .
Five per Cents. Metalliques
Four per Cents.
! Three per Cents.
Bank Shares
—AilgenarineZ,ilung, Oct. 28.

1 for the defendants he (Mr. H.) objected to the reception of
such evidence.
Mr. Baron. PAkKE—On what ground ?
Mr. HILL—On the ground that under the Act of Parlia-
ment the defendants have two very distinct characters—they
are first proprietors of the Railway, and by the Act they are
specially empowered to become carriers. The averment in
the declaration does not charge them as proprietors of the
railway, but as carriers; and in an action against them as car-
riers, it was not competent for the plaintiff to give evidence of
any negligence relating to the fences. Suppose an action was
brought against a coach-master, who might happen also to be
a surveyor of highways, would it be competent for the plaintiff
to give in evidence that the highway was out of repair?
The LORD CHIEF BARON—In an action for damage done to
goods, the proprietor would be liable,
Mr. HlLL—Undoubtedly. But in this case the risk was in
the plaintiff himself. The Company had not insured that the
horses would be carried safely, but that they would use all due
diligence for their safe carriage. That was one of the pleas of
the defendant, and that now raised the question of the cor-
rectness of the declaration. The Legislature hai very care-
fully kept the two characters distinct. The general object
of the Act was to give the defendants powers to construct the
railway ; and, by the 156th section, they are expressly em-
powered to become carriers. So careful were they to keep
the two characters distinct, that there were two tables—one
of tolls to be taken as proprietors, and one of rates to be
taken as carriers.

The LORD CHIEF BARON —Don't you think that the railroad
is very much of the nature of a machine, such as is used by
carriersin the transport of goods ?
_

Air. HILL said—lo. The public has a right to put on
carriages cn the railway. Any one has a right to do so; and,
therefore, it cannot be in the nature of a machine. There is
a public carrier on the Bolton Railway, I believe; suppose an
action was brought against him, would he be liable for such
an accident?

Lord ABINGER—This is a question merely of a slight
variance of the declaration. I should, indeed, be sorry to
throw out the least doubt as to the liability of these companies.
In my opinion they are responsible to the utmost extent for the
perfecOosi of those undertakings, by which they obtain a great
monopoly.

Mr.. I-Liu—There can be no doubt of their liability.
The question is, whether the two distinct characters of the
Company have not been conjoined in the declaration. The
kgal liability applying to the different characters is so diff rent
that it renders it a matter of much importance to have the
question settled.

Mr. Baron PARKE—Does not legal negligence apply when
a carrier takes goods in charge, and does not deliver them
when be arrives at the end of the journey ?
Mr. BlLL—Certainly ; but only to the extent of their con-
tract as carriers.

Mr. Baron PARSE—Is not your objection deeper? Don't
you deny making any contract for the safe and secure delivery
of the horses, but merely contr tcted that you would use due
caution, diligence, and care in their carrying?
Mr, HlLL—That is our objection. Another is, that we
were acting in pursuance of the purposes of the Act, and there-
fore were entitled to notice before the action was brought.
The COURT—No. The Act gives you power to construct
a railway, but it does make it compulsory on you to carry
either goods or passengers. You may take a rule.
Mr. HILL had another point to submit. He complained of
misdirection on the part of the Learned Judge. The defend-
ants proved a special contract that a notice was read ever to
the plaintiff limiting the liability of the Company, which
note was delivered to the son of the plaintiff, who accompa-
nied the horses, but he denied ever having received it.
The COURT—Why not content yourself with reading the
note to the plaintiff ?
Mr. HILL—It came out that the son denied the receipt of
the note, and we wished to strengthen our testimony. The
Learned Judge left it to the Jury upon the testimony of the
son.

The COURT said the attention of the Judge ought to have
been called to the point at the time. They would consult
him before granting a rule upon this ground.
Rule granted upon the two first grounds.
KNIGHT, ASSIGNEE OF BARROW, V. FERGUSON.
Mr. Sergeant TALFOURD moved for a rule nisi to set
aside a nonsuit in this ease, and to enter a verdict for such sum
as a gentleman of the bar might think due. The action was
tried at the late Abingdon Assizes, before Lord Abinger.
The plaintiff was assignee of an insolvent, named Barrow,
who was an innkeeper at some place in Berkshire.
In December, 1836, Barrow was labouring under very
considerable difficulties, having no less than six execution s
in the house. The defendant was one of the execution cre-
ditors. In this state of things the insolvent executed a trust-
deed, upon which the present question arose. The question
was, whether that eked was a voluntary one or not within the
Act of Parliament, as there was no doubt of the fact that Bar-
row went to prison long within the period of three
months. The fact was, that the deed was executed
in December, 1836. Barrow as arrested in January,
1837 ; he petitioned the Insol vent Court in March and
obtained his discharge in June; 'rout the Act of Parliament
fixed the period of the arrest es that from which the intention
was to be inferred. The amount of executions in the house
was 2561., the full amount of money received by the defen-
dant and the other trustee was 5901., but they claimed to set
off various payments; that, however, was for the consideration
of the referee. The deed was executed between the insol-
vent on the one part,and seven creditors on the other. The
execution creditors had been paid in full.
The LORD CIIIEF BARON considered it would be a hard case
upon those creditors who had done all in their power for the
benefit of the other creditors. They were obliged to pay out
the Sheriff—they kept on the inn till they obtained a renewal
of the license and a transfer, when they sold to much greater
advantage than the Sheriff could have done. It would, indeed,
rule.—Rule granted.
ela_hardeaseiftltedeed was voided now. However, take a

ROLLS' COURT.-(THIS DAY.)

JUDGMENT.-EVANS V. TWEEDY.

The MASTER of the ROLLS gave judgment in this case,
which came on upon exceptions to the Master's Report,
on a petition to confirm the Report, presented by
Nlaria Bowes, the widow and executrix of the late Ge-
n eral Foord Bowes. The suite was instituted for the ad-
m ie,stration of the estate of Thomas Hartley, who died in
March, 1608. The decree was made on the 16th of May,
1835, and it directed the Master to enquire whellter any of
the debts and legacies of the testator, Thomas Hartley, re.
mained unpaid. Under the decree the petitioner, Mrs. Bowes,
made her claim, and the Master, by his Report dated April 26,
1838, found a debt of 7001., with interest at five per cent.,
from the 3d of April, 1803, remained unpaid, and was
payable to the petitioner. To this Report the plaintiffs
excepted. The case alleged by Mrs. Bowes was, that in the
of the year 1803 a certain estate, consisting of free-
beginning
bold and copyhold land, belonging to the late Gen. Bowes
was vested in trusteessasin trust to seg the same for his benefit;
that the trustees agreed to sell it to Thomas Hartley, for 7001.
that Hartley made the purchase fcr the benefit of his son John
Hartley, the younger, and that the copyhold was surrendered
to his use; that a conveyance to him of the freehold was pre-
pared -
arid signed, and possession of the land given to Thomas
Hartley, the father ; but that in this state of things the trans-
action, from some unexplained cause was interrupted, the pur-
chase money was never paid, the deed of conveyance
remained undelivered in the hands of the vender, or
his solicitor, and no claim was made till 1836, thirty-three
years after the date of the alleged transaction. But
it was insisted the claim, notwithstanding the lapse of time,
was sustainable, because the party interested in the personal
estate of Hartley, bad from time to time admitted the debt to
be due, and because the debt was clearly established, and that
as it consisted of unpaid purchase-money it constituted a
charge on the land, and was not affected by the length of
time. His Lordship, however, was of opinion that upon- the
evidence no admission in favour of General Bowes or his
estate was established, with respect to its constituting a lien
for unpaid purchase-money. His Lordship was at a loss for
grounds on which to establish the lien in this case where it was
not known with accuracy what was the contract between
or what the land to be conveyed was, or
the parties,
what was the price to be paid. The evidence shewed
completely that in the course of the. year 1803 there
was a surrender of some copyhold land, and an imperfect con-
veyance prepared of some freehold land by the trustees of
General Bowes to Hartley the son ; that in the year 1806 the
testator admitted he had purchased from General Bowes some
land for which he had not paid ; that Hartley, at the time of
his death, was in possession of some land without any deed of
conveyance, and that an imperfect conveyance, not identified,
was found in the possession of a person who was the solicitor'
of General Bowes and Mr. Hartley. The books of Hartley
contained some entries of doubtful import, and not satis-
f.
ace..m a
ily explainedf ; and after his death his executors be-
lievedof
the purchase.tsuisThemoneyo was due to General Bowes in respect
rest (his Lordship observed)
was all surmise, and the transaction was left in the greatest
obscurtty. It was possible that between 1806, when the tes-
tator had stated the purchase was not settled, and 1808, when
the testator died, some material transaction, unknown to the
witnesses, might have talon place. It was also possible that
the aff,,irs of General Bowes
.were so negligentlyh conducted
that a debt due to' him
.migl2 be lost; butd Lordship,
on the whole njost. made out
her her claim again"S'atsthoehfr())etphrseon 1 Hartley,rtas.teßoofv‘s
the exceptions filed ha
and therefore
plaintiffs must be allowed, and the
petition of Mrs. Bowes distinissed, but without costs.

The TOWNE V. HORNE.
:hrough rj,
°nsent Petitions and short causes having been gone
Mr. COOPER was beard in reply to the arguments addressed
resterday by Mr. Pembroke and Mr. Bethel against the peti-
:ion, but had not concluded when we went to press.