The Sun.
London, England, 1831-01-22 00:00:00

THE FUNDS.

Consols, which left off yesterday at SG for the Ac-
count, and were done this morning at SI A, fell in a few
minutes per cent.—to 808 SI, owing to various re-
ports. First, that four expresses had arrived from Paris,
bringing accounts of commotions there, and another that
Mr. O'Connell had been arrested for high treason; but these
are only reports and require confirmation : at present it
is too soon to ascertain the real cause of the fall.
By the Dutch mail we hear that the Dutch and Russian
Funds come one per cent. higher.
In the Foreign 'Market nothing doing as yet.
ENGLISH FUNDS.
Bank Stock, 2e.13 4 31A per Cent. 90% %
India Stock, Dittos New 90%
3 per Cent. Cons. 8114 4 per Cent. 162 ti 99%
Do. for Account, 81% India Bonds, 13 15
Ditto Reduced, 817 i 2 Exchequer Bills. 33 5

HALF-PAST ONE.

After making inquiry weQ;;;firidthat any express
fro►n Paris has arrived, therefore the report in the early
part of the morning that four expresses from Paris had
arrived must he void of truth. The arrest of O'Connell
for high treason also rests on slender grounds. The pri.
sate letters from Holland state that things there are of a
►nure cheering appearance. Business is reviving, and
money more plentiful ; they depend greatly on the meeting
of the States General. Sonic of the letters state that the
Russian troops have orders to surround that part of Po-
land which is in a state of insurrection, and that the Em-
peror has prohibited all kinds of grain from being exported.
Two Rits,ian regiments are said to have deserted to the
Poles.

Consols are at present 81i to for the Account, and
81111 for money. In the Foreign Market Spanish Bonds
are lower.

THR_EE 0' CL 0 CK.
Couaols are quoted at 81i.

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF CHANCERY.
310NRTON V. THE ATTORNEY-GENERAL.

The LORD CHANCELLOR delivered a detailed judgment
in this case this morning. The case had been very fully
argued on both sides, as well in regard to the matter of
law (the most important) as to the admissibility of certain
evidence ; and after the fullest consideration his Lordship
had come to a determination to direct an issue to be tried
at law. The principal grounds of argument at the bar of
course formed the grounds of the judgment of the Court,
that judgment proceeding upon the belief that there was
subject matter of investigation meriting further in-
quiry. If the Court saw there was hardly a pos-
sibility of the party succeeding who applied against the
Crown, directing an issue would be only a form—nay,
worse than a mere form, because the trial of it might lie
attended with ruinous expence, and of course his Lordship
would refuse to grant it. The principal piece of esidense
sought to be submitted to the consideration of a jury was
a document written by a person of the name of John Trout-
back, before his death, of all the information and circum
stances affecting his relations he seemed to have been able
to collect. It was clear that John had a brother called
George ;--John was not proved to have been related to
Samuel, and the important qts stion was whether Samuel
also was the brother of J. hn. An objection had been
taken to the admission of declarations of the rela-
tionship ;of a third person, unless it was proved de
hor the declarations that the relationship existed.—
To say A being related to B, that di claration could not
be received ; that C was relwel to B, was against ah
principle and sound reasoning; therefOre the objection
failed. Neither could the Court go with a great put of
the Attorney- General's argument (against the application)
f.undail upon this, that declarations to be received must
be cotemporansous declarations. It was morally impos-
sible that this argument could stand, for it was utterly out
of the question to suppose that a man could have
personal knowledge, for instance, of what his own
grandmother's maiden name was. As to the restriction
of the admissibility of evidence in respect of the subject
matter in dispute, the party must (where pedigree was the
question) be shown to be related in some way or other,
and then the documents from him might he received.
The distinction between admissible and non• admissible
evidence was very clearly laid down in Pycroft v. Baker,
13 Vesey, by Lord Eldon, as well as in Drummond's
case in Leech's Crown cases. The declaration of a
party was not to be rejected, because he stood in
pari passe with the individual seeking to take the
benefit of the declarations. It was necessary that
the declarations should he anti litem motem—the
natural effusions of the mind, if proved to have been made
with a view of benefitting either himself or those who
were to follow him, then they were to be excluded. The
same rule applied to written as well as oral declaration,
and if it were shown that the document now before the
Court had been m ttle post litem motem, fabricated or
manufactured for the purpose of benefitting the writer or
some succeeding persons, then it could not be re-
ceived, but no such proof appeared in this case.
In " Goodwright on the demise of Moss," Cooper, 591,-
the doctrine was detailed respecting admissible pieces of
evidence, in which were included entries in a family Bible,
a ring worn in public hearing an inscription of the death
of a party, 'inscriptions on tomb-stones, and a pedigree
that had beeen hung up in the mansions house of the fa-
mily. Another restriction in the admission of evidence
urged was, that hearsay could not be heaped upon hear-
s ty; that is, that a witness could not state in evidence that
be had heard a deceased person say what he had heard
another person state. There was, however, no autho-
rity for such a restriction. A person was at liberty
to state what he had heard another person declare
he had beard a third person say, provided he believed it,
where the reputation of a family was at stake, otherwise
the tradition of a family never could be perpetuated. Mr.
Justice Buller had expressly laid this down in the " Duke
of Athol v. Ashburnhain," in his Nisi Price reports, in
the 14th year of the reign of George 11. The next im-
portant consideration was, whether the plaintiff had pre-
sented a sufficient case to induce the Court to call

for the assistance of a verdict of a Jury? If the
document referred to were admitted upon a trial
at law and the evidence given by an affidavit of Catherine

Wilson, supported by other circumstances, there was a

ity, and not a remote one, that Ssmuel would be
found to be the brother of John. If that verdict was

returned upon evidence, but afterwards to be disturbed,
then the claimant would succeed, and there would be an
end to the case. Upon the whole this appeared to be ex-
actly a case for the opinion of a Jury :—•' A Jury was
an instrument well contrived for the consideration of many
cases—for the assessing of damages, and for giving
compensation in respect of those damages, and
finding a way for the Court which it was

ultimately to decide through a mass of conflicting
testimony. The diversity of the minds of the Jurymen,
if they were taken without any experience in Juries—their
various understandings—their general knowledge of
things.—their discussing the matters submitted to them
among tivmselves—the very fact of their not being
liwyers, but men—believing, feeling, and acting as men,
than a capacity to aid the Court in the elicitation of truth,
which no single Judge, be he ever so largely endowed
with learning, ever so learned from past experience, could
possibly accomplish without such assistance."
The Court then directed the isssue, whether Catherine

Troutback and Barbara Hawthorn were the next of kin,

or of the next of kin of John Trou•back, at the next York
Assizes, without in the slightest degree anticipating which
way the verdict will be

ELECTION FOR CITY CHAMBERLAIN-
(THIS DAY.)

The most active exertions are being used by the sup-
porters of each candidate to bring up the Livery to the
111111; but this is rather a flail day as regards electioneering
matters. On Monday a strong muster is expected for Al-
derman Waithman, his friends being the middling and
lower classes of the Livery. This morning a great many
merchants and others have -voted for Sir James Shaw, who
has gained considerably on Alderman Waithman, The
Hall commenced at nine, and will close at three o'clock.
At half-past twelve o'clock this morning, the numbeis
stood—

For Sir James Shaw
For Alderman Waithman

THE MARKETS.-(THIS DAY.)

IEN MARKET.

his morning's market, but the
variation from the prices of this
ion of Apples, which are consi-

sd. s. d
S iinage (half-sieve) 0 06)0 9
Apples S 0 8(1
Pears 3 0 7 0
Large Onion:. 3(l 5 0
Span.
cL7h ditto
(peck) 6 0 10
4 0 6 0
ISpanis;l (tazlenuts 6010 0
French Walnuts 4 0 6 0
Eng. Grapes (per lb . )
Foreign 0 8 1 0
Pine Apples (lb.)
Filber.s (121 b.)