The Sun.
London, England, 1853-01-22 00:00:00

LONDON, SATURDAY EVENING, JANUARY 22, 1853.

Now ready at all the Libraries, in 3 vols.,

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Just ready, in 2 vols. 8vo:, with Portralis,

MEMOIRS of the COURT and CABINETS of
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This day Is published. price 55., or ss. 6d. by post, to any part of the

United Kingdom,

THE BRITISH TARIFF for 1853.
By EDWIN BEE' ELL,

Of the Offide of Examiner and. Principal Controller of Accounts,
Custom-house. London,

"A work of authority on everything pertaining to the regulations
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—E c o mls t. .

Louden Baity.B.rothers, CornhilL

WINES AND SPIRITS FOR THE NOBILITY, GENTRY,
' FAMILIES, &e.

GEORGE REEVES, 3,4, and 5, POPE'S.
HEAD ALLEY, 19, CORNIHLL, LONDON,
(nearly opposite the South Entrance to the Royal Exchange), being
determined to supply the Public with the very best WINES and
,PIRITS, at the lowest remunerating prices, begs to submit the' fol-
lowing list for their consideration:—

lIIESSRS. ALLSOPP & SONS' PALE OR
BITTER ALES have been unquestionably vouched, by the
most eminent scientific and medical men of the day, to be " a very
agreeable and efficient tonic, as a general beverage both for the inva-
lid and the robust; and as tending, from the pure and wholesome
nature of the ingredients employed, the moderate proportion of
alcohol present, and the very considerable quantity of aromatic
anodyne bitter derived from hots alone, which they contain, to pre-
serve the tone and vigour of the stomach, and to conduce to the
restoration of that organ when in a state of weakness, debility, or
irritability."
In all cases in which Malt Liquors are suitable, nose meet the de-
sired effect more certainly, none are prescribed with more confidence
by the Faculty. " The careful manner in which the fermentation is
conducted, causes them to assimilate to Foreign Wines more than
the ordinary ales of this country ; and on this account they do not
occasion that acidity of stomach created by the less perfectly far-
mmted ales." " These Bitter Beers differ from all other prepara-
tions of malt, in containing a smaller amount of extractive matter,
thus being less viscid and saccharine, and consequently more easy of
digestion. They resemble, indeed, from their lightness, a Nine of
Malt rather than an ordinary fermented infusion ; and it is very sa-
tisf .ctory to find that a beverage of such general consumption is en-
tirely free from every kind of impurity."
ALLSOPP'S PALE or BITTER ALE nay be obtained in Casks
of It Gallons and upwards from the Brewery, Burton-on-Trent;
and from the undermentioned Branch Establishments :
LONDON, at 61, King William-street, City;
LIVERPOOL, at Cook-street ;
MANCHESTER, at Ducle-place ;
DUDLEY. at Burnt Tree;
GLASGOW, at 115, St. Vincent-street;
DUBLIN, at Ulster Chambers, Dame-street;
BIRMINGHAM, at Market-hall ;
At either of which places a list of respectable parties who supply the
Beer in Bottles (and also in Casks at the same prices as from the
Brewery), may at any time be s en.

ON THE PHILOSOPHY OF MARRIAGE, AND THE SECRET
INFIRMITIES OF YOUTH AND MATURITY.

WITH FIFTY COLOURED ENGRAVINGS ON STEEL.

In French, English, German, Dutch, Spanish, and Italian. in a
Sealed Envelope, 2s. 6d., or post-free, for Forty-two Stamps,
QELF-PRESERVATION; an
Analytical Investigation of the Physiology and Functions of
Marriage, in all the hearings in which that important subject affects
the health and happine.s of Man, with its Disqualifications and Impe-
diments, tracing their origin to the effects of juvenile solitary habits,
Youthful excess. tropical climates, or close study ; followed by prac-
tical_lgnualts..tonnficd.saLtizente

-•
ararifettieMirlkiiialralftiti Generative SyStat. Il-
lustrated by 50 coloured Engravings, on the Anatomy of the Repro.
ductive Organs and their relative conditions in Health and Discass.
By SAMUEL LA'MERT, M.D.
37, BEDFORD-SQUARE, LONDON,
Doctor of Medicine, Matriculated Member of the University of Edit,•
burgh, Honorary Member of the London Hospital Medical Society,
Licentiate of Apothecaries' Ilan, London, Ace., &c.
The essential object of this treatise is to point out the fearful
consequences resulting fmm irregularities and excesses, which
have produced more misery in Youth, degradation in Man.
hood, and premature decay at all stages of life, than, perhaps, any
other class of disease known to modern pathologists. The treatment
adopted is founded on experience gained In the most celebrated
schools of medicine both In this country and in continental Europe.
The results of the knowledge thus acquired are here condensed under
the personal supervision of Dr. La'Mert, himself one of the few
egally qualified physicians who have devoted their whole and un-
divided studies to this important branch of medical science. In short,
every peculiarity relating to the treatment of the diseases incidental
to the generative system, and the means of immediate relief and
ultimate cure are described in detail. The professional reputation
of Dr. La'Mert, who has taken the most distinguished medical
and academic honours at home and abroad, is in itself a sufficient
guarantee that those who may place themselves under his care
will, in every instance, meet with that delicate consideration and
inviolable secrecy which are so requisite in the treatment of these
cases.

Published by the Author, and may be had of J. Gilbert, 49, Pater
Roster-row; Hannay, 63, Oxford-street; Starie, Titchborne•street,
Haymarket ; Mann, 23, Cornhill ; or free by post for forty-two
stamps, from the author, who may be consulted personally, or by
etter daily, from Ten til, Two and from Six till Eight.

A CONVICT'S LETTER.—A letter has just been received
by Mrs. Porter, of North-street, Stamford, from her
husband (Henry Porter), formerly a butcher in this
town, who was convicted at Kesteven sessions, held at
Bourn on the 15th Oct., 1848, of stealing a sheep from
a field at Aunby, the property of Mr. Fras. Ormond,
and sentenced to 10 years' transportation. It appears
that the convict is most anxious for his wife and children
to proceed to him. He sailed from Plymouth on the
11th March last, and arrived at Hobart Town on the 4th
July—" He says—" When I landed, I was compelled to
engage myself (to a butcher) for 12 monthe, after which
I shall be my own master. I am receiving 141. a-year for
that time, board and lodging included. If I had, my full
liberty, I could earn 21. per week here as a butcher, and
in Port Philip Si. per week. Both you and my dear
children prey heavily on my mind, and I regret to admit
that I think more about you now than when we lived
together. I hope you will form a good resolution, and
come to me. My misfortune lies heavily upon my mind
and you alone could give me relief. It is not only my
wish but the wish of my master also that you should
come and live with me in this distant country. The
scenery is very beautiful, and people are making rapid
fortunes. The trade that is carried on in Hobart Town
is immense. The shops in Stamford are indeed insignifi-
cant compared to those here, and Mr. Knight's shop in
High-street is nothing in comparison to the drapers'
establishments here. There is scarcely a butcher's shop
in Hobart Town that is doing less business than was
done by the late Mr. John Pollard previously to my
leaving Lincolnshire." In speaking of stock, Porter
says, "The colonial cattle are something like the Irish :
the sheep also are very small, weighing only 101bs.
to 121bs. per qr. The cattle that come from Port
Philip are splendid ; and the sheep are equal to the
English Southdowns, .weighing from 701bs. to 801bs.
each. Bullocks weigh 50st., 60st., and 70 st. ;
and the fat beef is as fine as any in England—much
like the Devonshire breed. We often kill 30 sheep,
and sometimes 3 and 4 beasts, on a Sunday : this I
very much dislike, for I should like to spend the Sabbath
in a different manner." " Pridmore challenged me one
Saturday night in my master's shop : he seemed very
pleased to see me, but it Mid him much to see me in my
humiliating position." In conclusion, the writer says,
" Let me beg of you to comply with my request and
come to me. I will do the utmost in my power to get
you with me. I will send you 10/. myself before you
leave England, the parish would give you something,
and I should think that mine and your brothers would
collect something for you. Tell my brother Edward to
come out with you : he would make his fortune here.
People leave hence fordetehed,
wonderful,gold fies,
thea moneyndret John
with
much wealth. It
Heaton and his son and Benjamin Senescall have ob-
tained : they are now living at Port Philip in inde-
pendentwiallndkeespenmd yyowuorldo,l.whe-
ther
you
circumstances.
eome ou
year, and if you dare not leave England I shall return
to you as soon as I may be allowed. Forgive me what
tor not, I
I have done, and may God bless and protect you," &c.
BANK OF ENGLAND NOTES NOT A LEGAL TENDER IN
AUSTRALIA.—Mr. William Howitt, the distinguished
author, who has paid a temporary visit to Australia,
makes the following very important communication
The letter is dated "Melbourne, Port Philip, September
26, 1852 :"—" Be so good as to place the fact which I
now state in a prominent part of your paper, that it may
be copied as widely as possible. Up to the time of my
quitting England for this place, on the 10th of June last,
I never saw it published anywhere, either in the news-
paper correspondence from the Australian gold-fields or
in any of the books or pamphlets on these gold-fields,
lre cominga t ad isocuotund
that Bank of England notes are held to be no legal ten-
der in these colonies. Such, however, is the case.
They are utterly refused here, even by the bankers, ex-
cept discount ol
daily.
20 per
There
eanrte. a
thousand Numbers
arriving
personsivi
ng
at
this port per diem, and not ten men out of each thousand
are aware of this fact. In the ship in which I came—
the Kent--there were numbers struck with consterna-
tion at the news. Some lost from 401. to 100/ by their
Bank of England notes ; almost every one
one .
something,
more or lees.

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH-JAN. 21.

(Before Lord Campbell, Mr. .lustice Coleridge, Mr.
Justice Wightman, and Mr. Justice Erle.)
THE QUEEN (ON THE PROSECUTION OF DR.
ACIIILLI) V. DR. NEWMAN.

The Attorney-General (in continuation of what ap-
peared in our impression of yesterday), directed the at-
tention of the Court to the conduct of Achilli in refusing
to answer certain questions put to him. His conduct in
that respect showed he was not worthy of belief. One
strong ground for not believing him was founded on his
answers with respect to the matter contained in the do-
cument brought from the Inquisition. Achilli had de-
clared that he was only suspended on account of doc-
trine, and not of moral misconduct. The document from
the Inquisition expressly stated moral misconduct had
been taken into consideration by that tribunal. That
was decisive, unless it was meant to be asserted, which
he did not believe was the case, that these charges had
been fabricated by the officials when they delivered out
the document—in fact, that it was a forged instrument.
Achilli said that he had never been deprived. This do-
cument proved that he had been. Achilli said that that
was impossible, for that the Inquisition had no jurisdic-
tion over priests but in matters of faith. Here, again,
the document proved that. it was a misconception or a
misrepresentation ; besides which, the evidence of Dr.
Grant showed that the Inquisition had the jurisdiction
which was thus denied. Though the effect of that judg-
ment in the Inquisition might not be conclusive by our
law as to the facts which it recited, yet it could not be
supposed that the document was made to contain false
or.actitious matter. Their,lnYilithips would not say that
the officer of the court had lent himself to such a foul and
slanderous practice ; and if not, then it was clear that
that part of the charge was made out, and even that
Achilli had confessed the guilt imputed to. him.
Mr. Justice Coleridge—Was there any evidence that
the charges were read to him, or that he was exa-
mined upon them !

The Attorney-General—There was no evidence upon
that point, but there was his 'admission or confession in
the document.

Mr. Justice Coleridge—lt does not say that these
statements were made in his presence.
The Attorney-General—lle admitted that he had
been examined, but denied that he was so as to these
points.

(Some discussion here ensued as to this document,
and, finally, it appeared to be the general opinion that
the document was a very vague and unsatisfactory
paper, not of the first-class Latinity, nor with a very
intelligible meaning.)
The Attorney-General then proceeded to notice the
observations which had been made with respect to the
exclusion of Dr. Achilli from the court during the trial.
He contended that that exclusion was perfectly justifi-
able, as Achilli was himself to be a witness, and the
principal witness on his own behalf.

Mr: Justice Coleridge—Was it not a case out of the
ordinary rule, since he was in truth the accused party,
and he did not know the witnesses who might be pro-
duced against him ?

The Attorney-General said he did know them, for
they were in court, and he saw them; he had not been
deprived of any advantage which he was entitled to
claim.

Lord Campbell—He was deprived of the power of
instructing his counsel. _ _ _ _

The Attorney-General said that that was true, but
Achilli could not have suffered on that account; for his
case was, not that the witnesses spoke untruly as to this
or that matter, but that he knew nothing whatever of
them ; and if that was so, he could not have had any
instructions to give to his counsel. Then, again, it was
said that he had been subjected to great severity of
cross-examination. He (the Attorney-General) must
say that he had never seen a man on whom cross-ex-
amination produced less impression. He denied the
whole of the transaction from beginning to end, and
therefore it was impossible to produce effect by cross-
examining such a man. There was one other point of
view from which to consider Achilli's conduct. What
course had he pursued with regard to that most sacred
of all subjects—religion ? He said that he was shocked
at the doctrines of the Roman Catholic Church, and at
the conduct of its priests, and so he left it ; yet it was a
fact that he was dismissed from it for infidelity and im-
propriety of conduct. He was suspended and dismissed
from his functions ; he was at first enjoined performance
of penance, but was allowed to remain a,member of the
Church. He did not like penance nor seclusion, and
so he left the Church. His ecclesiastical functions
being taken away from him, his bread was gone ; so
he came over and became a shining light of the Pro-
testant Church. (A laugh.) What was his own account
of himself ? The libel charged him with being a
hypocrite under a cowl, and his own statement of his
}ruin, administered the sacraments 911119, Roman Church

charge was true. •
Lord Carnpbell----It m be a difficult thing to know
the exact moment when a man, who has once believed,
ceases to be a member of his Chuph, and entirely rejects
its doctrines.

Mr. Justice Coleridge--A man may administer the
sacrament in our Church on one Sunday, and receive
the mass on the next Sunday, and yet do both con-
scientiously.

The Attorney-General : Undoubtedly that might be
so in some cases, but he doubted whether it was so
here, and there were answers of Achilli which seemed to
him to prove that long after Achilli had in his own
mind entirely rejected the doctrines of his Church he
had continued to administer its sacraments. He must
submit, on the whole view of the evidence, that
the case of the defendant was established by the
proof he had adduced, and that it was not answered
by the sole and unsupported testimony of Achilli.
That being so, the question arose whether, under the
recent statute of the 6 and 7 Viet., c. 96, the Court ought
to refuse this rule because it had the power in award-
ing punishment, to take the whole of the evidence into
consideration. To lay down such a rule would, he sub-
mitted, be a mistake. But then it was said that it would
be a hardship to allow Dr. Newman, who was in point
of form the defendant, the benefit of a new trial, and to
refuse that advantage to Dr. Achilli, who was substan-
tially the defendant. That argument 'was not well-found-
ed ; for, first, Achilli was not, technically speaking, a
defendant ; and, further, there was a distinction between
this ease and the case of an ordinary conviction or pe-
nalty, for there the defendant could not be examined,
while here Achilli had that advantage, and having that,
he must take the attendant disability with it. The ver-
dict here was monstrous—it was against the great weight
of evidence ; and yet a new trial was to be refused, merely
because of the power which the Court possessed under
the recent statute, to take the evidence into consideration
in awarding punishment. The defendant there had not
conducted himself recklessly in putting forward these
charges against Achilli. It was not his fault that there had
been a deficiency of evidence anywhere. Nor had there
been so on the main points of the charges, but that evi-
dence had been disregarded by a biassed and partial jury.
The defendant was entitled to ask for a reconsideration
of the case, and for the means of proving the charges
which the evidence, fairly considered, would have been
deemed to establis4. The matter was in the hands of
their lordships—in their discretion they must refuse or
grant this new trial ; and he confidently trusted that
they would come to aright and proper decision.
Mr. Sergeant Wilkins, who was to have followed the
Attorney-General, asked, on account of temporary indis-
position, that Mr. Bramwell might be allowed first to
address the court.

The court at once assented to the proposal.
Mr. Bramwell next followed on the same side in sup-
port of the rule. He said that this case had assumed
greater importance than ever to Dr. Newman, and to the
mysterious person darkly hinted at by Sir F. Kelly as
having got it up ; and the issue now before their lord-
ships amounted in fact to no more nor less than whether
no fewer than twelve of the witnesses who had given
evidence in support of the charges against Dr.
Achilli had deliberately and wilfully perjured them-
selves, because no solution of error or mistake could
account for their statements. There was, he contended,
greater improbability in the reality of such a compli-
cated mass of perjury than there was in the truth of the
charges made against Dr. Achilli. By whom, he would
ask, could all that perjured testimony have been suborned ?
He would grant that there might be persons who were
capable of concocting such a foul and widely-rami-
fied conspiracy as was supposed against Dr. Achilli ;
but what could possibly be the object of the authors of
such an enormity ? A malignant adherent of one Church
might seek to crush the adherent of another Church ;
but surely it was one of the rashest and most imprudent
things to put forth a libel with all that variety of parti-
cularity of names, places, and dates, if they were all pure
fiction. Was it possible to; believe that if such a libel
had been invented, that twelve witnesses would have
been found to establish the truth of the charges with
circumstantial and minute accuracy ? Here were twelve
respectable and otherwise unimpeached and credible wit-
nesses, whose statements were all to be set aside and
stigmatised simply because Dr. Achilli alone chose to con-
tradict them. Even if Mr. Reynolds had been occasionally
guilty of drunkenness, which, however, Mr. Reynolds
himself flatly denied, that of itself could not justify the
jury in regarding his evidence as malignant perjury.
It had been said that this was only a case of oath against
oath ; but the fact was, it was twelve oaths against Dr.
Achilli's single unsupported oath in his own case. Again,
if Dr. Achilli was that virtuous .and exemplary man
which he represented himself to be, it was manifest that
he was the most unfortunate being that ever lived ; for
wherever he went, whether it was to Viterbo, to Cepha-
lonia, to Zante, or to Malta, by a strange and unexam-
pled fatality which always followed him, these strange
imputations of libidinous conduct were brought against
him ; and he—this remarkably good man—was the ill-
starred victim who was invariably selected to bear the
brunt of these accusations. Every place he went to he
seemed soon to have made too hot to hold him ; and cer-
tainly his own account of his life assigned no intelligible
reason for his leaving Zante or Corfu. If this was a
case which was to turn upon the number of the wit-
nesses, the witnesses in support of the truth of the libel
outnumbered those against it ; or if the evidence of the
witnesses on both sides was to be weighed, certainly
that on behalf of Dr. Newman was the most trustworthy,

' because not one of the witnesses had broken down upon
cross-examination, except, perhaps, two of the English
females. It could not be said that religious prejudice ac-
counted for the charge with regard to Corimboni's wife
being brought against Dr. Achilli ; for both Mr. Rey-
nolds and Miss Levachie, the, governess, were Protes-
tants.; and as for the improbability of Dr. Achilli being
guilty of familiarities with that woman in so open a
manner as Mr. Reynolds described, it was only reason-
abled to suppose that a man of his unbridled propensities
allowed his lust to get the better of his prudence. The
loose character of the man was evident from the manner
in which he took a notorious prostitute into his service ;
and his conversation with Dr. Bonavia, the 'Protestant
teacher at Malta, whose. statement and whose motives
were alike unimpeachable, showed beyond dispute what
were his opinions and his habits with regard to his in-
tercourse with women. Again, with respect to his
dismissal from the Protestant College at . Malta, the
remarkable fatality which marked his previous course
seemed to have attended him there also, because he
selected Saccares, the precise individual against whom
the gravest of the charges of immorality were
brought, as the fittest person to send away to Sicily
on a mission to distribute Bibles. Again, it was

rather a curious circumstance that Dr. Achilli's convic-
tions of the errors of Roman Catholicism should have
come upon him just at the precise period when his
means of acquiring his livelihood in the Roman Catholic
Church were taken away from him, for it was a singular
fact that even in his own book he never said a word of
the conversion either of his, "head " or his "heart " to
Protestantism before that time. He (Mr. Bramwell)
could not account for the jury having chosen to believe
Dr. Achilli and discredit all the, witnesses on the other
side, unless it was that their judgment had been swayed
by their religious prepossessions, and thatthey had sup-
posed—most erroneously—that unless they found a ver-
dict against, Dr. Newman,' the Protestant religion would
be prejudiced.

Lord Campbell—They expressly, disclaimed having
been influenced by any religious bias.
Mr. Bramwell—Certainly ; and he admitted that they
believed themselves devoid of all such bias ; but he
thought they might well be mistaken on that head, and
even their own disclaimer might show that they
felt the pressure of their peculiar religious feelings
upon their minds. Now, he contended that it was
the bounden duty of every body of men, no matter to
what sect or party they might belong, to waive their
peculiar predilections and opinions, and be guided
by a sole regard to that which ought to be foremost
in the minds of every professor of religion, namely, the
paramount interest of truth. He could not, therefore,
but think that had the jury had time to consider that a
decision against Dr. Achilli, if demanded by the evidence,
would do the Protestant cause no real injury, they
would have arrived at a very different verdict. As to
the technical objection that had been raised to the
granting of a new trial, he conceived that the finding
must either be for Dr. Achilli generally or for Dr. New-
man generally. There were certainly some unimportant
matters in the pleas which had not been proved on the
part of Dr. Newman against Dr. Achilli.
Lord Campbell—There were some very important
matters.

Mr. Bramwell—He thought, with all respect that
they were unimportant matters ; because, supposing
there were several cases of incontinence more or
less which could not be proved, what difference would
that have made to the character of Dr. Achilli,
or in the punishment to be awarded to Dr. Newman ?
But look at the hardship under which Dr. Newman
would be placed if the rule for a new trial was re-
fused. When he came up for judgment their lordships
must look at the evidence, not merely upon the judge's
notes, but also with the light of the verdict of the jury ;
and he (Mr. Bramwell) would ask his learned friends on
the other side, not whether it was convenient for them
that there should be a new trial, but what would be the
topics urged upon the judgment.? Would it be said that
they had made a number of charges, and that they had
had the good fortune to obtain twelve witnesses to sup-
port them ? No. It would be urged, on the contrary,
that the guilt of the accusers had been, not doubled or
trebled, but aggravated a thousandfold, by the alleged
subornation of this mass of perjured evidence. The ob-
jection raised against a new trial, to the effect that the
finding of the jury must in any event be adverse to Dr.
Newman, because he had not attempted to substantiate
some of the unimportant matters alleged in the plea
of justification, was a purely technical objection, and
constituted- no valid reason why, if the jury had mis-
carried on all the other material points, as he con-
tended they bad, the verdict should not be sent back
to the jury for correction. The objection taken in fact
amounted to this, that the case ought not to be tried
over again, because it ought never to have been.tried at
all ; but he maintained that if the points upon which
proof had been tendered ought not to go before a jury
on a new trial, neither ought they to have been submittei
to the jury in the first instance. He had purposely

17,77:jri77777777:17:7:77b7iri7'
ned
friend the Attorney-General, and would no doubt be ably
handled also by his learned friend Mr. Sergeant Wilkins
to-morrow, and he had contented himself with touching
upon a few of the more salient points arising from a
general view of the case, and in conclusion he would
only add that, whether they regarded the technical or
the more substantial parts of the case, he trusted their
lordships would say that this was a case in which justice
had not been done, and by Making the rule absolute
would pronounce their opinion that the verdict of the
jury was not satisfactory.
The case was then adjourned till ten o'clock to-day
(Saturday), when Mr. Sergeant Wilkins will follow in
support of the rule.

COURT OF EXCHEQUER.- JAN. 21.
DEBACKER V. BELLEVUE.

This was an action of debt, to recover the sum of
231. Bs. Bd. for goods sold, for money lent, and for money
paid by the plaintiff for the use of the defendant.
The defendant, as to a portion of, the amount, denied
that he was indebted to the plaintiff, and likewise
pleaded a set-off ; and as to the remainder, the sum of
71. had been paid into Court.

As all the parties interested in the action were fo-
reigners, Mr. Gougheneim acted as interpreter.
Mr. 'Montagu Chambers, Q.C., and lgr. Hawkins
were counsel for the plaintiff ; Mr. James, Q.C., and
Mr. Cook for the defendant.

It appeared from the speech of the learned counsel in
opening the case that the plaintiff, who is a French
tailor, carrying on business in Regent-street, had been
introduced during the past summer to the defendant, an
exile in this country, and a dramatic author by profes-
sion, by a mutual friend, who with his wife resided at
the house of the plaintiff. They were on terms of inti-
macy with each other, it being usual for the defendant,
and the lady who lived with him as his wife, to pass the
evening in the apartments of M. and Mme. Maubert,
where the plaintiff generally was. In the month of
November last the defendant's suspicions were excited
by observing the attention paid by the plaintiff to the
lady who passed as Mme. Bellevue, and he accordingly
began to gradually discontinue his visits. In December
he came to an open rupture with the plaintiff; who very
speedily sent him an account of goods alleged to have
been supplied to the lady in question, and of moneys
which he alleged to have been advanced to the defendant.
In replying to this letter, the defendant wrote the plain-
tiff word that he had " more than one account to settle
with him," and concluded his letter by saying that,
whatever might happen, " he would preserve the honour
of his ancestors intact." The plaintiff considered
this last phrase insulting, and accordingly requested
a friend to call upon the defendant to inquire into
its meaning. A duel would appear to have then been
in the contemplation of both parties. On the 18th of
December, however, the plaintiff caused the defendant
to be arrested and held to bail on an affidavit of debt,
and that he, the defendant, contemplated leaving the
country. The defendant, not being able to procure the
necessary bail, was imprisoned in Whitecross-street,
until Christmas Eve, when, upon an affidavit of the cir-
cumstances, he was released by a judge's order. On re-
turning to his, lodgings at 27, Rathbone-place, he found
that the lady called Madame Bellevue, with her two
children, had left, and upon investigation found that
they were living under the protection of the plaintiff.
The action was brought to recover the amount of the
debt for which the defendant had been so held to bail.
The plaintiff, on cross-examination, admitted that
since he had caused the defendant to be arrested he had
frequently slept" in the apartments to which he had con-
ducted Madame Bellevue, although he denied having
had any criminal connection with her. She was then
under his protection, and occupied a, drawing-room and
two bedrooms. He had slept there for the last two or
three nights, and, indeed, generally did se three or four
times a week, the lady fearing the violence of the de-
fendant. He had bought dresses and made presents,
but not to Mme. Bellevue. Upon one occasion he sent
a dress to his brother, who resided at Paris. He was
married, but his wife had lived in Paris for the last
twelve or fifteen months. He never put a " Talmo," (a
species of paletot) upon the shoulders of Mme. Bellevue.
The defendant had ordered one, and when it was made
took it away with him. It was quite a new mode, and
its price was 51. 4s. So also with respect to a hat which
he had sold to the defendant for one guinea, and to some
handkerchiefs which were also charged in the particulars
of demand. On the arrest of the defendant he alleged
that Mine. Bellevue sent for him and consulted him
about the ill-treatment she had received from the de-
fendant.

M. Louis Antonio Pellaix was then called—l am an
artist, residing at 88, Regent-Street. I know the plain-
tiff. He sent me to the defendant concerning a letter
which the defendant had written him, and which con-
tained an ambiguous expression. I asked him what in-
terpretation he meant to put on that phrase ? and he an-
swered that he meant nothing but what it olearly con-
veyed. It is the custom in France, according to the
"code d'honneur," that no one shall fight until be has
paid any debts he may owe his adversary. (Much
laughter.) There was mention of several articles, but I
do not recollect their precise character. The defendant
embraced me, and appeared willing to settle anything
" preparatory to killing that fellow," as he called the
plaintiff.
Mr. James addressed the jury for the defence, and
said that he though he should be able to satisfy the jury,