The Sun.
London, England, 1849-02-13 00:00:00

EVENING, FEBRUARY 13, 1849.7

well to imitate instead of brawling aloud to mobs in
the city of London. Instead of Mr. Healey deserving
the abuse which was heaped upon him, he deserved well
of his country, if he had, as he firmly believed was the
case, removed the mask from the face of a man in power
—a Member of Parliament, a coroner, and an editor of
a public journal. After alluding to the admissions
which had been made on the other side, he said if
they came to the conclusion that there was
not a desire on the part of the plaintiff to
implicate, and inculpate some of the parties at the bar»
racks, their judgment might be warped with prejudice,
and they must entertain views entirely opposite to those
held by the majority of persons. The deceased was a
private in the 7th Hussars, and bore the character of a
confirmed drunkard. Upon the Ist of June, 1846, he
was in a mom with a sergeant and several other soldiers,
and he took up a poker and struck the sergeant a
violent blow in the chest, and, but for the interposition
of parties present, he would no doubt have murdered
him on the spot. The sergeant was on duty at the
time, and could it be expected that an event of this kind
would be passed over ? A court-martial was consti-
tuted, and on hearing the charge, it directed that the
prisoner should receive 150 lashes; and though it was
painful to carry out that sentence, it was abso-
lutely required that the act which made
it necessary should be put into operation.
On the 15th of June he was flogged, and after it, being a
man of spirit, he went briskly into his room, whistling
on his way. The healing progress continued to go on
rapidly until the 4th of July, when his back was quite
well, and it was reported he would be fit for duty in the
course of a few days. The weather was then extremely
hot, being 88 degrees in the shade, and though relaxed
very much from his confinement, he insisted, despite of all
remonstrances, to wash out a damp cell. He was en-
gaged in that operation about three-quarters of an hour,
and next day complained of a pain in his side. The
pain extended to his head and left shoulder, and other
symptoms of an impeded circulation made their appear-
ance. Bleeding and other remedies were adopted, but
he did not recover, and upon a post-mortem examination
by Drs. Hall, Warren, and Reid being made, they ex-
pressed an opinion that his death was in no wise con•
netted with the corporal punishment which he had received
but arose from inflammation of the heart and pleura.,
Notwithstanding, however, the very regular manner in
which proceedings had been taken by the military au-
thorities, Mr. Wakley, instead of holding the scales of
justice as even as possible, stated to the jury that which
he knew was not true, in order to poison their minds and
enlist their prejudices. But Mr. Wakley loved the sweet
voices of the people; he could not live without their ap-
plause, and in order to obtain it he hunted out alleged
grievances and abuses of this nature. He knew enough of
human nature, however, to be aware that ambitious
men despised every obstacle to the attainment of any
object they might have in view. They stooped at
nothing, worthy or unworthy, and whether their am-
bition was that of the demagogue who sought to engulph
his country in ruin in order tcz instal himself in
authority, or was that of a less aspiring nature, no im-
pediment was too great to surmount, and no circum-
stances too extraordinary to be taken advantage of. But
Mr. Wakley's patriotism was of the modern school, and
he did not appear to have studied the examples of the
ancients on this subject.
The Court adjourned for ten minutes on the applica-
tion of the Learned Sergeant.
The address for the defence will probably occupy the
whole day.

COMMON PLEAS.—(THIS DAY.)
(Sittings at Nisi Prius in Guildhall, before the LORD
CHIEF JUSTICE.)
The :London Nisi Prius Sittings, after term, com-
menced this morning at G uildhull, before the Lord Chief
Justice.

The cause list contains the names of 93 case 3, of which
4$ arc special juries, 51 remandants, and 42 new causes.
(Sittings in Banco, before Justices COLTMAN, MAULE,
CRESSWELL, and WILLIAMS.)
MONEYPENNY V. DEARING.
_

This was a question as to the construction of a will.
The ease was argued before the Court of Exchequer
about two years ago, and thence carried before Vice-
Chancellor Wigram, who, not being satisfied with the
decision by the Court of Exchequer, directed an issue to
this court. The testator, Mr. James ivloneypenny, of
Maython-hall, in the county of Kent, made his will in
1804, whereby he devised his real estate, which was of
consideraole value, and of the tenure of gavelkmd, in a
certain order of succession, and under certain limita-
tions, one of which was a limitation "to Philip Money-
penny and his issue." How these words were to be
construed forthed the subject of controversy between the
parties.

- Mr. Honsow, who appeared for the eldest son of the
second brother of the testator, and was heard on the
preceding day, contended that by the limitation " to
Philip Moneypenny and his issue," Philip Moneypenny
took an estate or lift-, and his first and other sons suc-
cessively in tail male.
Mr. MALINS, on behalf of one of the defendants, this
morning contended that the limitation " to Philip
Moneypenny this issue" created an estate tail. In sup-
port of this position ho cited the case of " Dor v.
Featherstone" (1 Barnewall and Alderson), where the
property was devised to the parents for life, with re-
mainder to the heirs of the body of the wife by the
husband, to be equally divided among them, share and
share alike. There it was held that the intention of the
testator being that the husband and wife and all the issue
should take; that intention could only be effectuated by
giving them an estate tail, and accordingly an immediate
estate tail was given. Again, in the case of " Feather-
stone v. Featherstone" (8 Clarke and Finelly, 67), which
was a writ of error from the King's Bench in Ireland,
there was a devise in these words, " I give and devise to
my kinsman, William Featherstone, and his heirs male,
according to their seniority of age, and their respec-
tively attaining the age of 21 years, all my real and per-
sonal estate not hereinbefore disposed of, the elder sur-
viving son of the said Wm. Featherstone and the heirs
male of his body lawfully begotten always to be preferred
to the second or younger sons." In that case the question
was what estate William Featherstone would have taken if
he had survived the testator, for he died in the life time
of the testator, leaving the appellant, his son, him sur-
viving? If it was an estate tail, there was a lapse, and
the appellant took nothing; therefore that was a case
which particularly called for the merciful interpretation
of the Court; for if it was an estate tail, in consequence
of the rule of law that an estate tail failed, by lapse, in
consequence of the first taker dying in the life time of
the testator, the intention of the testator was frustrated, 11
and the property went over, to the disappointment of
the objects of the testator's bounty. Then, if the words
" to William Featherstone and his heirs male" created
an estate tail, upon the same principle he (Mr. Malins)
contended that the words " to Philip Moneypenny and
his issue," created an estate tail. The decision of the
House of Lords, confirming the decision of the Court of
Queen's Bench in Ireland, was delivered by the late Mr.
Justice Tindal, who said that William Featherstone
would have taken an estate tail if he had
survived the testator, and the consequence
was that as he died in his life time there was a failure of
the devise, and the appellant took no interest whatever.
Their Lordships would observe that that decision pro.
ceeded entirely on the ground that the testator had some
notion of modifying the course in which the parties were
to take, and the qualification which the successive takers
were to have, yet it corresponded on the whole with a
clear devolution of an estate tail. In this case, whatever
the intention of the testator might have been, if Philip
Moneypenny took an estate tail, it would go to his eldest
son, and from the grandson to all the heirs male of his
body, so by the giving Philip Moneypenny an estate
tail in general, the devise effectuated the complete inten-
tion of the testator. It was impossible by any construc-
tion to effectuate the whole intention of the testator.
Tho argument was proceeding when we went to press.

MONEY and COMMERCIAL NEWT,
CITY, QUARTER TO THREE.
There was an active demand for Cotton at Liverpool
yesterday, and the market closed with spirit. Prices of
all kinds are extreme, and there was a heavy run on
Brazil. Including 3,000 American and 500 Pernam,
taken by speculators, the sales were 12,000 bales, and
comprised 8,000 American (of which 500 were saw-
ginned) at 31. d. to 6A.; 2,000 Pernam and Maranham at
44d. to 54d.; 500 Bahia at 54d.; 500 Egyptian at Sid.
to 64d.; 500 Surat at 3d. to 4d.; and 200 Sea Island at
Bd. to 18. 2d. per lb. Railway Shares were dull and
prices lower owing to the settlement.
Accounts from Belgium state that there had been in•
creased exertions made recently to export grain tram
that country to England, and that French produce also
came in transitu for the same purpose. At Harlebelte,
the country people manifested great dissatisfaction when
a considerable quantity was carted off for shipment, but
their opposition was overcome.
It is stared in letters from Vienna that the great
banking houses of Sina, Rothschild, and Stieglits, had
united to take the Austrian loan of 50,000,000 florins.
The debate on the Navigation-laws is expected to be
the engrossing subject in Parliament this week, and
there is a strong feeling in the City that the matter
should be got out of hand as speedily as possible,
for the sake of the shipowners themselves as
well as of the public and the mercantile com-
munity. ; Free trade is incomplete without the
boon of greater freedom for the navigation
of every sea which English vessels plough, and our East
India possessions more particularly are pining for the
development of their immense, and as yet but half-tried,
resources. As the Mercantile Journal aptly states:—
" We need hardly say that colonies, which are no longer
adapted to colonisation, instead of being sources of
strength, are elements of weakness, and,. therefore, for
our own sakes as well as theirs, it would be wise to
leave them to themselves, when the work of colonise.
tion has reached a certain point. They can gain
nothing by being mixed up with our foreign politics, and
we lose a great deal by involving them in our quarrels.
But coute qui coute' says Mr. Young, we must maintain
our absolute naval superiority, go on increasing our
maritime force as France and America increase theirs.
Pari ratione, France and America should respond by a
still further increase, and we, again, by a further in-
crease, and so on, ad infinitum. We wonder that even Mr.
Young did not see the absurdity of such a proposition.
The game of retaliatory and restrictive duties would
soon cease, like all over-strained exertion, by the actual
exhaustion of the parties engaged.
The excitement in the English Stock Market continues
very great, and there is the utmost confidence manifested
in the maintenance of the current quotations, and of their
enhancement yet by 1 or 2 per cent. The adjustment
of the Consol account having been effected, everything is
again in the ascendant, and the rise since yesterday
morning exceeds 1 per cent. While money can be bor-
rowed on stock at 14 to 2 per cent., with a margin of
only 2 per cent. below the present rates, and while the
quotations continue to rise so steadily at Paris and else-
where, we cannot expect that there should be much
inclination to speculate for a fall in prices, however,
prudence may deter many from operating for a rise.
Consols have been 934 to 94i for Transfer, and 94 to
94i for March. Bank Stock has been done as high as
197. Exchequer Bills have been rather lower, owing to,
sales made, and probably with a view to the investment
of the prec• eds in Consols.

The Foreign Securities have been more buoyant in
sympathy with the English Funds. Spanish Five per
Cents, are 18 to and the Three per Cents. 30 to f.
Portuguese Foul' per Cents, have been marked 25k, and
Brazilian Bunds soi to 82. Mexican Stock has been
25 to 25i. Russian Bonds have realised 10911. Dutch
Two-and.a-Half per Cents. have been 50e.
Railway Shares have been looking up, and Midland,
N, r th-Western, Great Northern and the York lines are
higher. The French shares are still advancieg. Great
Western are steady.

ONE CLUB" NG
~,1.,:-.1, Cer viturisli. r UNDi O'cLOOR VRICES.
wank Stock
3 :- or Cent. Reduced Arns 94 94% 941,4
3 per Cent. Consols Annuities 93% 941/ 935,4% 941,4
Zen 31. E per Cent. Arms.-- . 9SV, 95 95% 96 951,q
Lone Arms. to expir, Jan. I 860
Ditto 30 years, ,Tan. 5, 1860 834 13-16 8 13-16
India Ronda, 1,000/.
Ditto under 1.000/. . ....... . 52 50 p 50 p
South Sea Stock
3 per Cent. Annuities,l7sl 9l 91
Consols for Account 94% 94 94N1% 9451
qxcheouer 'Rills. 21,4 d. & 2d.
1.1)001. March .. 43 46 p
1,0001. June 46 49 p
5001. March..,_ 43 46 p
5001. June
Small, March .. 43 46 p
PRICES OF FORUGN FUNDS

rThrE CLORIN"
OYITACK. PRIC FS.
Brazilian Bonds ... .. 801,1 80%
Ditto, Account B2 82
Ditto, Small — 82
Cuba Bonds, 6 per Cent .. ......
Equador Bonds
lnxican. 5 per Cent. 1846 2514 25 25
Ditto, Account . 25%1,4 251,4
Peruvian Bonds, 6 per Cents 49% 4914
Portuguese 5 per Cents. —
Ditto, 4 per Cent 251 251,4
Ditto, Account — 26
Russian Bonds
Spanish 5 per Cent. 1840.
Ditto, Account — 18%
Ditto, Passive
Ditto, 3 per Cent ............304 30 30
Dividends on the above payable in London
French, 3 per Cent. 49f. 25c. 491. 25c.
Exchange 2sf. 30c. 25f. 30c.
Dutch 2% per Cent., 12 Guild 5014 5014
Ditto, 4 per Cent. Certificates 79143,4 793 A
PRICES OF PAID . BUSINESS DONE CLOSING
RAILWAY SHARES. AT ONE O'CLOCK. PRICES.
Aberdeen
Birmingham and Ox-
ford Junct., calls duly
paid, or with a guaran. 20
Bristol and Exeter 9O ...... ....„ —
Ditto, Thirds
nuckinehamthire ... 16/. 4s.
Caledonian
Ditto, Quarter Shares 1114...... 5 , 5
Chester and Holyhead... 50
East Anglia, 25/.. L. &
E. and L. and D...... 25 ...... 31,4,„ 3%
Do., 18/., E. & H.... 18 ...... 214 ...... 24
Eastern Colliding... ..... 20 ...... 114% . ll%
Ditto ditto. No. 2...61. 13s. 4d... 14% p % p
Eastern Union, Class A
_ (late E. U. Shares) 25

Do. Scrip (6 percent.) 20
East Lancashire
Do., 6 per Cent. Pre-
ference Quarters ... 6!.f 71,4 ..
East Lincolnshire ...... 25
F,dinburgh and Glasgow 50 ..-.. 42
Great Northern
Do., 1, A Deferred ... 121,( 5 4% .. 43%
Do., 1,4 B 6 per Cent.
guaranteed ... ..... 6%. 51,E%.......... 5%
Great Western ......100 lOO ... lOl%
Ditto, I,i Shares
Ditto, New 171 l5 ... .. 13% 1414
Lancaster and Carlisle... 50 -••••
Ditto, Thirds
Lancashire & Yorkshire 93
Ditto, % Shares ...... 43 ...
Do. Quarter Shares... 17% 13%
Do. Fifths... ... 10
Do. (Preston & Wyre) 25
Do. 14 Shares (A)... 9% 14%
London & Black wa11...13/. 6s. 8d.... 5 4%...
London, Brighton, and
South Coast
Ditto, New 51., guar.
6 per cent. .
London and N. Western 100 l3B 139 137%... 13834
Ditto, New
Ditto, Fifths ..... .. .. 2
Do. 101. (M. & B.) C. 1 ..., 43/4 434
Lond. &S. W'-stern
Do. New 501. ... ..... 42%..
Ditto. Third 5........... 15
Dianchester,Buxton,and

Matlock...
Midland ......... ........100 ...... 91 93 92 92
Do., do., 601 Shares... 25 ... .. 20% • 20X
Do. Consol. Bristol and
Binning., 6 per ct.... 100 124
Norfolk ......... ......... —.lOO ...... ...... . ...
Do. Lowestoft(4 per ct) 20 ......
\7 or t h British ...- .... ... 25 ...... 16 %...
Ditto, Halves .. ..... 12% 7%
Ditto, Quarters
North Staffordshire
Oxford, Worcester, and
Wolverhampton
Reading, Guildford, and
Reigate 12% — ...... .. ......
Scottish Midland
Shrewsbury and Birm... 10
Ditto ditto. Class B. 6 ...... 314
Ditto, New Guaranteed 8
Shrewsbury & Cheater
(Nor. W. Min.) lB
' Do. 8 per Cent. PreE 10
Shropshire Union
South Devon
Do. Preference
South Eastern
Do., No. 2.
Do., No. 3 ....... ...... 30 ......
Do.. Registered No. 4 10
Do., Scrip No 4
South Wales ...... 33
Waterford and Kilkenny 20
Wear Valley 6 per Cent.
Guaranteed ... .. 5O
Do. do. do. ... 25
Wilts, Somerset,& Wey-
mouth
Cork, Newcastle, and
Berwick.
Do. Original New and

15%
2
• 00000 ••• •=••

Berwick ...... .. 25 ..... 283/4
Do. TLStensiox No. 1. 20
Do. do. No. 2..,...... 20
Do. G.N.E.Preference 8 ... ......
York and North Midland 50 ...... 563/4 .. •••
' FOREIGN RAILWAYS.
Boulogne and Amien5... 20
Central of France (Or-
leans and Vierzon) 18
Namur and Liege
Northern of France. l2
Orleans and Bordeaux... 7 314
Paris and Strasbourg ... 9
i?ou-tn and Havre
Sam.re and Meuse 2O ... 51,4%
Toun and Nantes ~ 9 2

Australian. 3 ••• ..... A
..
. . 53/
pm
Barrossa Range Min. Co. 28s.
United .:',lexican
JOINT STOCK BA.N K.
London Joint Stock

The Havre cotton market, by the last report, was
quiet, and in the absence of speculative purchases, prices
showed a tendency to a slight reaction.