The Sun.
London, England, 1825-12-20 00:00:00

VICE-CHANCELLOR'S COURT, DEC. 19.

This being the third Seal, his Honour the Vicx-emorcEr.-
LOR was all day occupied in disposing of motions, none of
which contained anything of public interest.
The motions of course were so numerous, that his Honour,
being unable to get through with the entire, was obliged to post-
pone the remainder of the Seal till te-morrow.

COURT OF KING'S BENCH, Dire. 12.
WILCOX AND ANOTHER V. MARSHALL.
This was an action on a policy of insurance effected on a
bottomry bond, and underwritten by the defendant.
The ATTORNEY-GENERAL and Mr. PATTISON conducted
the plaintiff's case; Mr. SCARLETT and Mr. CAMPBELL that
of the defendant.
The insurance was on a German trader from Havre.de-Grace
to the island of St. Sebastian. After leaving the former place
the vessel encounted a heavy gale, and, making for the
lish coast, put into Dartmouth. She had received some in-
jury, and in consequence underwent repairs, when, after
being examined and passed as sea-worthy by the under-
writer's inspector, she set out again for St. Sebastian, and
was lost.
Mr. SCARLETT, for the defendant, contended, that the cir-
cumstances under which this vessel was lost were very suspi-
cious, and such as to induce a strong belief that it never
was intended to sail her to St. Sebastian ; but that in point
of fact, she was a smuggler, and that the real purpose was
to land her cargo somewhere on the English coast.
The Loan CHIEF JUSTICE, in summing up, told the Jury
that he thought the evidence for the plaintiff did not warrant
the inference contended for by Mr. Scarlett.
Verdict for the Tlaintiff—Dainages, BIM
LLOYD V. ASHBY, ROWLAND, AND MAW.
This eras an action on a •bin of exchange for 1121. accepted by
the defendants, and indorsed to the plaintiff.
Mr. MA RRYAT and Mr. Sr EPHEN conducted the plaintiff's
case; Mr. SCARLk:TT that of the-defendant.
The plaintiffis'a machine-maker; the defendants are engre-
yers in Lombard-street. The plaintiff had made a machine
for Rowland, father of Rowland, the partner in the firm of
Ashby and Co. ; he wanted payment for his machine, and
Rowland the elder offered him a bill drawn on Ashby and
Co., which he consented to receive.
Mr. SCARLETT, for Mr. Shaw, contended that as against
him the plaintiff was not entitled to recover, inasmuch as he •
was e dormant partner at the time of this transaction : that the
plaintiff did not, therefore, receive the bill on the credit of
Shaw, and that the Bill was given for a consideration, in which
Shaw did not participate.
Mr. MARRYAT, in reply to this, cited the case of Taylor e.'
Ridley, 5 East, 171.
The LORD CHIET JUSTICE was of opinion against the
plaintiff on the point of law, and thought that as the credit had
not been given to Mr. Shaw, and as he had received no part of
the consideration, he was not liable to this action.
The plaintiff was accordingly nonsuited.

COURT OF COMMON PLEAS, Dxc. IL
'ANIL IN THE MORNING CHRONICLE.
TRINSARI V. CLEMENT.
Mr. TINDALL opened the proceedings. The declaration
stated that the plaintiff hail been appointed Ambassador Ex-
traordinary and Minister Plenipotentiary from the Chilian Go-
vernment to Europe, and specially to this country, with powers
to raise a loan for the benefit of Chili—that he had raised a loan
by the assistance of Messrs. Hullett, Brothers, and Co., and
that the defendant, knowing this, had published a wilful and
false statement of the same, representing, that an untrne ac-
count had been given of the revenues of Chili. The defendant
pleaded first, not guilty—and secondly, a justification as to part
of the libel, that the plaintiff was in collusion with Messrs. Hul-
lett, Brothers, and Co. with intent to defraud the people of
this country.
Mr. Sergeant VAUGMAN stated the case to the Jury. He said
that the plaintiff's chief object in bringing the action was a vin-
dication of his chatacter from tlgt obloquy thrown upon it by
the libel published by the defendant. If the imputation had
been slight he would not have noticed it, but as the matter
stood, he felt it imperative on him to clear his character from
the very gross aspersions and calumnies under which it la-
boured. There were two or three modes by which this could
be done, or.e was by criminal information, which would prevent
the defendant front putting any justification on the record, but
the plaintiff chose rather to clear his character and public con-
duct to the world, and therefore chose a civil action, which
would give the defendant every means to substantiate his as-
sertions if true. The Learned Sergeant then stated that the
plaintiff had been accredited to this country from Chili at the
time it was battling for independence, and emerging from the
galling yoke of Spain—that they wanted support in money—
' and that every thing tending to throw discredit on their views,
or those of their agents, must be prejudicial to the cause of
freedom ; and that, therefore, their exertions to obtain inde-
pendence ought to be viewed with a friendly eye by a people to
whom freedom was dear, and every thing connected with the
dawn of liberty in other countries. The defendant had artfully
and insidiously published the libel under a comment on the
speech of Mr. Canning on the affairs of South America, and it
might thus be mistaken as the opinions of that Statesman. The
libel was published on the 23d of July, 1825, and was in sub-
stance that the plaintiff had raised a loan for one million ster-
ling, in collusion with Messrs. Hullett and Co., by falsely re-
presenting that the revenues of Chili were four times as large
as the interest of the loan—that the plaintiff had gone to Paris
with 200,0001. of the money, which he converted to his own
use, and there lived in greater splendour than even Royalty it-
self. The Learned Sergeant then commented ion the scan-
, dalous tendency of the libel, and its injurious consequences to
the plaintiff, observing, that the loan had been made in 1822,
and that it was not till three years afterwards that the libel ap-
peared. He then explained the manner in which the money
had been expended, saying, that the Government of Chili had
ratified the loan, and highly approved the conduct of the plain-
tiff—whose object in bringing this action was solely to clear his
character—not to obtain large damages.
Don Garcia Del Rio, examined by Mr. TrwpaiLL—l was
Under Secretary of Chill, I am acquainted with plaintiff Don

Jose Antonio Vrissari. 'We came over here in December 18/2`
He came as Minister Plenipotentiary.
Mr. Sergeant TADDY objected to this question, because
there was no appointment proved.
The CHIEF JUSTICE thought it was sufficient if he acted
as such.

Examination resumed—He acted in his own country as 111i_
sister of Foreign Affairs. (The appointmetu of the plaintiff to
this country was then put in.) That is the seal of Chili.
By Mr. Sergeant TADDY—I am sure that the State of Chil
has a seal, and this is it.
By Mr. TINDALL—That seal was used in 1818, and em-
ployed in sealing public documents.
Mr. Sergeant TADDY objected that the State of Chili was
not recognised then as a State.
The Loan CHIEF JUSTICE did not know whether it was
recognized now, but hundreds of states now existed in the
world, that were never recognised by this country, yet they
were legitimate states, although they might never be recognized.
They were treated as legitimate states, and if their Kings came
to this country, they could sue as such.
Examination resumed—.l was acting as Under Secretary of
State in 1818. Don B. O'Higgins was Director then. The
document I now bold was signed and sealed by the President
O'Higgins, and another Member of the Government and all
other public documents were signed and sealed, in the same
manner. It was a republican form of Government. It had
Courts of Justice and Laws, which were submitted to by the
people.
Cross-examined—Two provinces and a half were governed
by the republic. The other half was under the Government of
Old Spain. There was a hot war raging at that time. Inde-
pendence was declared in 1818." No part of the two provinces
had a soldier belonging to Spain. There was none of the people
publicly in the cause of Spain. The great majority of the people
obeyed the Republican Government. The interest of the Chi_
Tian loan was paid regularly.
Mr. Sergeant TADDY objected to the evidence as regarding
the existence of the state of Chili. The appointment was made
in 1818, before the Republican Government had established
itself.
The LORD CHIEF JUSTICE said that many Governments
existed which were not acknowledged. He wasof opinion that
the rule was this. Where a body of people had assembled to-
gether, and were able to protect themselves, and acted under
laws ands code of established justice, they were to all intents
and purposes &state, although they might never he recognised
by other Governments. Ile was, however, ready, and eves
willing that the question might be reserved and discussed before
the Court.

By Mr. Sergeant TADDT—O'Higgins was afterwards de..
posed by General Frere. I saw the Spanish General, Bens-
rides, that went to overthrow O'Higgins, afterwards hanged.—
(Laughter.)—He had done the same to many patriot persons.
After some further observations touching the existence of the
Republican Government in Chili,
The Loan CinEr JUSTICE said, that the best way would
be to reserve it for the consideration of the Court.

Mr. John Behn—l am a Notary-public; I produce some
powers from the Government of Chili; I deposited them in the
Bank of England, from which I took them out now.
Mr. Garcia del Rio recalled—These instruments produced
by the broker were signed by O'Higgins.
The powers were then read. They were the appointment of
the plaintiff as Minister Plenipotentiary, and empowering him
to raise a loan, &c.
Mr. Sergeant TADDY took an objection to this, on which
The LORD CHIEF JUSTICE observed, that if a person from
an unaccredited Government, came to this country to raise a
loan, lie should consider that loan illegal; but not so where the
parties were recognised.
Mr. Charles Octavius Newman was subscribing witness to
the contract for the loan; he saw the deed executed.
Mr. Behn stated that he was subscribing witness to the mort.
gage of the revenues of Chili, for the payment of the loaa. It
was dated 21st May, 1822. The witness also proved one of
the Chili Bonds.

31r. Andrew Bellon—l am Secretary to the Colombian Le..
ration. I was present when these bonds were signed in Paris.
I don't know to whom they were bonded over. I cannot say
from what funds the dividends were paid.
(There was here
.put in a dispatch from the Chilien Govern-
ment, acknowledging and confirming the loan made by the
plaintiff, and exonerating Messrs. Bullet, Brothers, and Co.
from all responsibility.)
The appointment of Mr. Hullett as Consul for Buenos Ayres
was also put in and proved.
Mr. Charles believe that Mr. John Hullet, my
partner, has not acted as Consul for Buenos Ayres. He had
no communication in my presence with the Government of that
country.
Cross-examined.g never heard the plaintiff say that the

revenue! of the Chilians were 14 times as great as the interest
of the loan. _ _ _ _ _ _

Mr. Hullett—l have not signed anydocuments as Consul for
Buenos Ayres. I have had a communication with the Secre.
tart' of State for Foreign Affairs as such. I have had two ap.
pointmcnts—one was forwarded to me under cover from the-
Foreign Office.
The LORD Cxizr JUSTICI said, that there must be a
proof of the existence of the Government of Buenos Ayres. •
Mr. Garcia del Rio said, that he had been then fora month,
and that there was a Republican Government established there,
having laws, &c which the people obeyed.
Mr. Hullett said; that he had bad frequent dispatches from
Buenos Ayres, all bearing theism/ seal—that was the only way
he knew it.
Mr. Sergeant Ara t? anew said, diatench-knowledge was the,
same as persons knowing- the iusod writing of others by receiving
letters from them,
The Loßn C nun!. Jurricit admitted .this.
11 Don Garela del Rio._ said, that he had been appointed so.
transact public business with the (government of Buenos Ayres,
from Peru and Chili. Peru wax then in a state of war.

Cross-examined by Sergeant TADDT—I was not present in ,
any of the Courts of Justice in Buenos-Ayres, but I was in the
Chamber of Representatives.
It was admitted that the defendant was the proprietor of the
_ _ . .

Morning Chronicle. -
The libel was here pat in, and read by the officer of the •
Court.
Another number of the Morning Chronicle, of the 14th of
December was proposed to be read, but was objected to on ag-- ••
count of its not having been legally proved to have been pub..
fished by the defendant.
A clerk of Messrs. Hulletts proved that the sum of (174,0001.
was raised by the loan, about 62,0001. of which was retained by
the plaintiff, and the remainder was appropriated to the ase of
the Government of Chili.
This was the plaintiff's case.
Mr. Sergeant TADDY objected to the plaintiff's case; first
he contended that some proof ought to have been given of any
acceptance by this Government, of the parties who said they
were appointed Consuls.
The Loop CMIET JIIITICE overruled this objection. -

Irir. Sergeant TaI)DT then objected that there was not any
proof of the negociation of the bonds of the Ckili Loan in this
country, on the ground that there was not any stamp affixed to
the only bond of the loan produced in evidence.
The bond was in consequence here read, after which his
Lordship was of opinion that the bond did not require a starry, ,
but reserved the point for the opinion of the Court.
A witness, named John Myers, was called by Mr. Serjeaat _
TADDY, but he did not answer; he was then called on his
subpcsna.
Mr. Serjeant TADDI rose at two o'clock to address the Jury,
for the defendant; and, the Loan CHID' JUSTICE having
recapitulated the evidence, the jury retained a verdict foe the
plaintiff—Damages 45W.

The following paragraph appeared in the Mr—
,
mingham Gazette of yesterday :
Our ,
Correspondent's letter of last week (dated from the
Royal Exchange of the 12th inst.) contained a paragraphs, ran
fleeting upon the credit and responsibility of Mr. flastutT,
of Princes-street, London, which, in fall reliance upon his usual
accuracy, was inserted in our Paper accordingly. flaying,
however, since ascertained that there did not exist the slightest
ground whatever for the report, we take the earliest opportuAtty
of contradicting it, and of regretting that we should have inad.
vertently been the medium of giving publicity to so unfounded
statement."—EDlT.a

„,.

11011 RID BARBARITY.—On Wednesday morn-
ing a fellow was driving an ass cart en the banks of the Irwell,
below the New Bailey in Salford. The animal, whether owing
to the weight of the load in the cart, or to the bad condition of
the road, stopped, and notwithstanding the severe blows of its
master, remained stationary. At length, finding that beating
would not answer his purpose, the fellow went to a place in the
neighbourhood, procured a quantity of shavings, and set fire to
them under the animal's belly. The poor creature writhed under
the torture, but was still unable to proceed : when the wraeh
who owned it, assisted on this occasion lry another barbarian,
actually procured a second supply of shavings, and again set
fire to them as before. At length the ass, stimulated by the
pain it was enduring, got the cart into motion and was driven
away. Our informant saw the transaction from the opposite
side of the river, and at too great a distance to admit -of.hia
either recognizing the fellows engaged in it, or interferfit to
stop their cruelty ; otherwise we should not have had the mor-
tification of concluding an account of conduct of tbis.tort by
the statement of their having escaped us punished-4MA«
Metter Guerdion.)
•