The Sun.
London, England, 1825-10-22 00:00:00

ET/1E TIMES.]

The French papers of Monday and Tuesday,
which have been retarded in their arrival for the
last two days by the inclemency of the weather,
reached us last night. They communicate an ac-
count of the death of the King .of Bavaria, who
has not, probably, left a more wise, enlightened,
or virtuous Prince behind him on any throne in
Europe. Raised by Buonaparte to the regal dig-
nity in 1805, he remained faithful to his engage-
ments with the Emperor as long as the honour of
his crown and the interests of his subjects would
permit ; and on the establishment of peace he
was one of the few Sovereigns who fulfilled
to his people the promises made in war.
The constitutional checks which he imposed
on his own power showed that he had no
disposition to abuse it ; and the liberty of the
press which he conferred on the people proved
that he entertained no apprehension from a free
discussion of conduct. The authority of the
Chamber and the fredom of the press have since
been greatly curtailed, if not substantially anni-
hilated ; but the Bavarian nation owe these poli-
tical privations, not to any change in the
pater-
nal feelings of their late sovereign, but to the
alarms of the Germanic Diet, and the predomi-
nance of Austrian influence. Maximilian
Joseph showed great simplicity and good
taste in his mode of life, mixed in the so-
ciety of his subjects like one of thorn-
selves, and was viewed by them as much in
the character of a friend as of a Sovereign.—
Ile is succeeded by his son the Prince Royal
(Charles
.Louis Augustus), who was a good deal
in France during the reign of Buunaparte, who
has since travelled or resided a good deal in
Italy, and has always been considered an amia-
ble, well-meaning
man, though no conjuror,--
His late Bavarian Majesty was born on the 27th
of May, 1756, and was consequently at his death
upwards of 69 years of age. His successor is 89.
We can only bespeak attention to a paragraph
respecting king Ferdinand, and his claims to the
obedience of the new republics of America. To

comment upon it seriously, would be to partak
of its absurdity.

[EMMY PRESS.]
We have received New York and Boston
papers to the 24th ult. They bring no political
intelligence of the least importance from either
the Northern or Southern Continent of America.
The dispute- between the General Government
of the United States and the Governor of Georgia
is suspended for _the present, in consequence of
the promise of the latter that no encroachments
shall be made on the lands of the Creeks, until
the question regarding gie late treaty can be
submitted to the- Congress, which will meet in
December. A letter in one of the Boston
papers, from Buenos Ayres, dated July 18th,
mentions, that the Government had proposed to
the Brazilian' Commodore to send a Minister to the
Court of Brazil to settle any differences that might
exist between the two States, and that, in conse-
quence, the Brazilian squadron had disappeared
off Buenos Ayres, with the exception of a single
frigate. It adds, that the patriot General, La-
va Ileja, had gained a victory over a party of Bra-
zilians from Rio Grande. A New York Paper
gives the following account in explanation of the
recommencement of hostilities 'between the Castle
and City of Vera Crnz :—" It will be recollected,
that the ship called the Victoria was purchased by
the Mexican Government lately at London,brought
here, fitted out, manned, and proceeded. to Vera
Cruz. Upon her arrival at that city, she, by
previous concert, hoisted French colours, and a
sham attack was made upon her by some boats
be.longing to the Mexicans, which she beat off
add bore down upon the Castle, from whence
three gun-boats were sent out to her, and one of
which came alongside, when the Victoria struck
the French, and hoisted the Mexican colours, and
took one of the gun-boats, while the other two
escaped. The event was celebrated by salvos
of artillery in the city, when immediately
the castle opened a tire upon it, and at
the sailing of the British schooner Rene-
gade, was continued with energy. Previous
to this, daily intercourse took place between the
city and castle, which was fully expected to lead
to a surrender ;' but this late act seems to have
put an end to it. The castle is not in want, as
has been represented, and a reinforcement was
expected from the Havannah.

LMORNINCi
Neither ridicule- nor shame seems to have any
effect upon the majority of persons who, in the
shape of Directors, Bankers, Auditors, Secreta-
ries, &c., have got possession of large sums from
the credulous people who were weak enough to .
he induced, under the colour of .specious pro-
spectuses and respectable names, to pay deposits
on shares in various speculations which have made
no progress ; and some of which, it would now.
seem, were never intended to advance beyond
the receipt of such deposits. A humourous writer,
in a .Morning Paper, says, that the immense'
timber ship,. the Baron of Renfrew (if she has
not been lost on the Godwin Sands) bas been en-
gaged, instead of taking out the weighty Gover-
nor-General to. India, to transport a cargo of
those people to New South Wales ; slily mean-
ing, no doubt, that some of them as richly de-
serve to go there, as some others whom the sen-
tence of the law sends there for obtaining money
under false pretences ; and that, at all events;
a kind ,of self-expatriation might be more
agreeable' to most of them, than the liability of
Mixing in the world with the people whose money
they have so discreditably obtained. We must
confess that Meetings such as we :allude to
must be extremely awkward and distressing to
any man of the least honour or sensibility. had
we been dabblers in such things, and were
doomed to sit next ie company to one of the per-
sons, through
.the supposed respectability of
whose name and character we had been induced
to part with our money, and who had since ne-
glected or refused to return or-account for it, we
should
,be very apt to doubt the real respectabili-
ty of our neighbour, and to wish ourselves out of
his society. There are, it must be admitted, some
few exceptions to this censure. These are one or
two instances in which the. Directors, finding
the. idea not likely to succeed, have returned
the whole of the deposits without any deduction;
and others who have returned them, deducting
sundry charges. But the greater_ part have done
neither the one nor the other,. and have refused
and have been told of an in-
stance ccncaeiontn:st hich the applicant, being somewhat
importunate, was told that he might file a bill in
Chancery. This'll adding:insult to injury, and
reflects but little credit upon those who can re-
sort to such a mode, of reply ; for it may he taken
as an axiom, that an honest man will always do
that willingly which he, can otherwise be com-
pelled to do. We do not particularize any of the
schemes we allude to, though that; from the let-
ters we have received from various sufferers would
be easy enough. But we strongly recommend
the numerous persons to whom these remarks
more or less apply, to lose no more time upon the
subject, but to hasten to redeem themselves from
the imputation of deserving to form part of the
suppoted future cargo of the Baron of Renfrew.

An unmanly ruffian secreted himself in Miss
unworthy
wien
FOOTE'S bed-chamber the other evening, at her
hotel) in Edinburgh, most undoubtedly for an
l
purpose. Miss Foote had retired to
rest,
this person was discovered by the
nOISO and confusion he made in moving from his
hiding place. The lady immediately called out,
and alarmed the house, but, the ruffian escaped
before any body arrived ; there is, however, some
clue by which it is thought he will be discovered.
CAUTION TO CEURCHWARDENS.—Mr:W. Band,
churchwarden of the Parish of Kenton, was fined
in a mitigated penalty, on the complaint of the
Overseers, for not attendin!, to pay the poor,
agreeably to notice given in the church. The
defendant pleaded as an excuse, that he had
been attacked with a bowel complaint, in proof
of which he produced a note from his medical at-
tendant. The Bench, however, conceived he,
ought to have attended, unless his illness was so
severe as to confine him to his apartment, which
from evidence, did not appear to have been the
case.—(Alfred.)

LAW INTELLIGENCE.

COURT OF KING'S BENCH, OCT. 21.

BOLLAND AND OTHERS, ASSIGNEES, &C. V. BYGROVE.
The plaintiffs in this cause were the assignees of the estate
and effects of Messrs. Marsh, Stracey, and Fauntleroy, and
the action was brought to recover the sum of 3371. las., being
:the amount of a bill of exchange, of which the defendant was
acceptor. 'The case was one of rather a complicated nature,
and its whole progress was of a very desultory nature. The
facts as well as could be collected were these: a Mr. Diver-
nier kept a banking account with Messrs. Marsh, Stracey,
and Co. previous to their • bankruptcy, of which account the
late Mr. Fauntleroy had the management. Mr. Divernier,
it appeared, had been accommodated by Marsh and Co.
with a loan of four thousand pounds, and had in return de-
posited certain bills of exchange ; the prindipal agent in ,
this transaction, on the part of Mr. Divernier, was a Mr.
Deguine, who was the person who deposited the bill of '
exchange in question with Mr. Fauntleroy as one of the part-
nen; of the firm of Marsh and Co., and the first question was
whether that gentleman left the bill of exchange for the actual
purpose of having it discounted, or whether he merely de-
posited it for safety, as is usual by the customers of a bank.
mg-house ; the bill was deposited on the afternoon of the day
previous to that on which the late Mr. Fauntleroy was appre-
hended on the charge of forgery, and the bill had been regu-
larly entered both in the pass book and the discount book as a
discounted bill, but the witness who left it denied positively that
it was discounted, but that it was to have been discounted at a I
subsequent period. The Learned Counsel therefore submitted
that the fact of Mr. Fauntleroy entering the bill as a discounted
bill would not give the plaintiffs any title to it, inasmuch as it
was merely an act of a party through whom the plaintiffs
claimed title, and he also contended that the onus probandi
laid with the plaintiffs which they had not proved, because
they had not shewn any consideration given by the bankrupts
for the bill in question.
The LORD CHIEF JUSTICE was of opinion, that the fact
of the bankrupts having advanced, as bankers, a sum of money
to a Mr. Divernier, that the presumption in law would be, that
they, the bankers, would have a general lien on all paper be-
longing to Mr. Divernier that might come to their possession,
and he thought that such lien would give them power to sue;
he, however, gave this opinion as the present impression on
his mind, subject to any revision that might be thought neces-
sary. " This, added his Lordship, "is my opinion, sitting as
a Judge in a Court of Law ; I do not say that another tribu-
nal, differently constituted to a Court of Law, might not put
another construction on it, but I do not think that it could.
However, I give my opinion cautiously, and am open to cor-
rection. I consider, therefore, that I should not be justified in
directing a nonsuit in this case."
Mr. GURNEY then addressed the Jury for the defendatt.—
He had another point to call their attention to, and he ap-
proached it with reluctance, because he considered it might
wound the feellings of some parties. ,The point was this—
that both the commissions of bankruptcy issued against Messrs.
Marsh, Stracey, and Co., as well as against the late Mr. Faunt-
leroy *ere concerted commissions between those parties and
the petitioning creditor; and if he established this fact, it
would do away with the ,present action altogether; for if the
commission under which the assignees claimed their title was
concocted in fraud, the assignees could not make any claim
under it. The Learned Gentleman then proposed to shew by
evidence, that the denial of Marsh, Stracey, and Graham, which
constituted the act of bankruptcy by them, as well as the exe-
cution by Mr. Fauntleroy, a day or two previous to the trial, of
&deed which constituted the act of bankruptcy on his part,
*ere altogether the result of concert and klulusion, and for the
mere purpose -of grounding a commission.
Several witnesses were then called to substantiate the charge
of the Commissions of Bankruptcy being concerted, but the
proof entirely failed, and the. Jury fOund a verdict for the
plaintiffs for the whole amount of principal and interest.
_ Mr. SCARLETT, who was for the Plaintiffs, observed after the
verdict, that there was an anomaly regarding the bankrupt
laws which he never could reconcile, and that was regarding
concerted commission. He really did not understand what
that was. Another anomaly had occurred to him, which was
this--why a bankrupt, who had obtained his certificate, should
be admitted as a witness for his assignees, when one who had
not obtained his certificate could not be admitted a witness.
The LORD CHIEF JUSTICE—Your first anomaly is now
done away with altogether, because, by the new Bankrupt
Laws, all concert is done away with, for a party may now de-
clare himself to be a bankrupt, and have a commission issued
against himself.

~COURSE OF EXCIIANGE, Oct. 21.
Amstet dam
Ditto, at Sight
Rotterdam
Antwerp l2 4
Flantb.urgh 0 2i Us.
Altona .17 I tf Us.
l'aris,3 Day's sight

Ditto
0111'llCttlX, ditto
Berlin 7 0
Ft an]; fortOn the Main . . ....... 15f Money
Peletamigh .

Vienna
Trieste
Mad rid
Cadiz

Bilhoa-
Bnrc,lona

„
Gibraltar

10 0
I U 0
. .. - • i 7. Effective
•37 Effective

3tfi Effective

361

Leghorn
Gel.tot .... . 44i-Venice, Ital. Liv 27
Malta ---7NapIC4 4Ol
['diem()
' Lisbon
Oporto
Itio.l4;feiro '
ailhia -51
BUtlioll Ayres
Di)his .... 9f Cork 9i pet Cent.
BULLION.

rortnral Gold ,in Coin 1.0 0, 0 per Os

Foreign Gold, in Bars

..s 17 6

New 1)0116160ns .

0 0 0

New Dollars 0 4 11#
Silver Staa4ard m 11ar5..... 0 5 1

AWFUL AND SUDDEN DEATH.— Yesterclay af-
ternoon, between two and three o'clock, as a Mr. Charles Bath,
Superintendent of the Sluice-castors of Lambeth Pariah, was
proceeding along the New Cut towards his residence in Lam-
beth-walk, he suddenly dropped down and expired. Several
persons, who saw the unfortunate man fall, immediately ren-
dered their assistance, and conveyed him into Mr. Davis's, the
Spanish Patriot public-house, corner of Green-street, when sur-
gical
aid .was sent for, and he was bled, but to no purpose, as
only a few drops came from him. The unfortunate man had
in the morning been attending to his usual avocations, and ap-
peared in good health. He has left a wife and three children
to deplore his loss.
THE 'MURDER IN SHADWELL.—The Inquisi-I
tion which it was thought would have taken place on Thurs-
day evening, on the body of the young man named Barton,
whom we mentioned yesterday as having been murdered by his
grandfather, did not sit until one o'clock yesterday, when the
Coroner, J. UNWIN, Esq., accompanied by the Churchwardens
layjur the house where the
and Parish Overseers, and a highly respectable Jury, assembled
at the Crooked Billet public-house, to make the necessary in-
qruoicryeedtoeud to touching the t
event.fialetabloayvi in
being empannelled,
p
deed was perpetrated, pnd on their -return from this melan-
choly part of their duty, after having heard evidence, returned
a verdict of " Manslaughter."—ln the evening the prisoner
was brought up for final examination to the Thames Office,
when he was fully committed on the capital charge. During
the proeeedings on the Inquisition the Court was extremely
crowded.

RESTIVE HORSE.—On Friday week as Mr.
T. Seilick, road surveyor under Mr. M'Adam
(who has been stationed at Four-stones, near
Hexham, for the last twelve months) was re-
turning from Haltwhistle homeward, on com-
ing upon the middle of the bridge u hich
crosses the burn at the east end of that town,
his horse reared upon the battlement, and he
was precipitated into the burn, which being much
swollen with the rain that had fallen in the early
part of the (lay, bore him down so rapidly, that,
notwithstanding the utmost exertion, he was
drowned.—(Leeds Independent.)
Married on Monday last, at St. Werbutgh's
Church, by the Rev. H. Lowe, John Gardiner,
silk-weaver, to Harriett Moore (late john Mur.
)34), whose singular marriage to Matilda Lacy,
of Shardlow,in the character of a man, has creat-
ed so much talk in this part of the country.—
(Dorbg Reporter.)