The Sun.
London, England, 1825-10-26 00:00:00

[MORNING POST.]

French Papers to the 24th and the Etoile
of Monday, reached us by Express last night. It
appears by the intelligence contained in the lat-
ter, that the Chair of St. Peter is likely to be-
come soon again vacant. The health, or rather
the illness of the Pope, had assumed an appear-
ance which had filled his faithful subjects with se-
rious alarm, and prayers had been put up in all
churches, with his own permission, for his reco-
very. Spitting of blood, and a tendency to
dropsy, were among the symptoms which created
a belief that his life was in danger. The news
from Greece continues to be of a cheerful and
encouraging description. Accounts from Napoli
di Romania, dated the 17th ult., state that the
garrison of Alissolonghi had at last seen its gal-
lant efforts crowned with complete success, and
that the first bulwark of Greece, as that place
is justly called, was then wholly out of danger,
the besiegers having disappeared from before its
‘lalls,and retired in disorder out of the province.
Eastern Greece was entirely freed from the pre-
sence of the enemy, end a few remains of the
Turkish army, surrounded by the Greeks at
Salona were expected to surrender at discretion.
In the Morea, Ibrahim Pectin having failed in
forcing his way through the defiles of Tegea to
Navarino, had thrown himself into Laconia, which
had been left undefended by the removal of ail its
troops to act with Colocotroni. Ile was marching
upon Misitra, but was closely pursued by several
Greek corps detached from Tegea, so that al-
though he might have time to ravage and deso-
late, he would be unable to retain any acquisi-
tion which he might make. His chief object,
however, was supposed to be to effect his retreat
through Kitries to Coron, as the advanced state
of the season and time diminished strength of his
army compelled him to think of nothing else than
of taking up winter quarters. The whole amount
of the reinforcements expected from Alexandria
did not exceed 5,000 men, who were likely to
be intercepted in their passage by the fleet under
Sachtouris, and who, even if they were landed in
the Morea, would not restore the original force
of Ibrahim's army. The insurrection in Camila
was making a rapid progress. Another place,
called Selina, had been taken by the Pa-
triots, and they were preparing to invest
the principal fortress of the island, Carmel'.
One thousand troops dispatched from the isles
of the Archipelago had arrived to assist the In-
surgents, and more were expected. Letters from
Trieste, dated the Bth instant, speak of serious
troubles said to have taken place at Navarino
and in the environs, and of a state of complete
anarchy existing among the Musselmen troops
that had inundated the INlorea. It was affirmed
that the Plague has not manifested itself at Na-
varin, but that it continued to ravage Motion,
Coron, and the environs.—Mercantile letters, and
the reports of the Captains of vessels from the
Archipelago, are full of details of the vexations
which the Austrian trade . suffered from the
Greeks, who, justly considering the Austrians as
the allies of the Turks, did them all the injury
they were able.

[THE PUBLIC LEDGER.] /
Our foreign news of to-day possesses a very
moderate share of interest, which the lovers of
tranquillity will not be apt to lament. In. the
absence of present attractive matter, one of the

foreign Journals (the Belgian of the t lst), which
arrived yesterday, has set before its readers a
part of the correspondence which took place be-
tween our Cabinet and that of Madrid, relative
to the establishment of political relations be-
tween this country and some of the New States
of America. The Spanish Government flings
hard epithets at ours, for want of more sub-
stantial missiles, and charges the British Ca-
binet with violating the laws of nations, and with
a breach of a positive convention. The reply of
Mr. Canning to this tirade, as far as it is given,
is calm, dignified, and argumentative—such a
one, as a man, conscious of his strength, as well
as of the justice of his cause, would make to a
weak and angry disputant. The interest, howe.
ver, is now gone by ; and a decision, which threa-
tened to convulse all Europe, has not left a ves-
tage of irritation behind. Even the Spanish Go-
vernment, notwithstanding its proverbial obsti-
nacy, seems to be reconciled to it; and in this
change—there is unquestionably a noble homage
—either to the power of England, or to the poli-
tical talents of her rulers. Before the recognition
of independence, it had been long a subject of
intense speculation, whether it would not occa-
sion an incurable schism between this country
and the Great Powers of the Continent ; and a
general belief certainly prevailed that it would
produce this effect. This shews how little trust
ought to be placed in appearances and probabi-
lities, when great political interests are at stake ;
and particularly when one party in the contro-
versy can oppose reason to prejudice, and has
the means, as well as the firmness, to maintain
this ground. Our Cabinet is in the predicament
of the prophets, whose gifts are no where so little
valued as at home ; and this accounts for the
disposition, so prevalent amongst us, tel under-
rate its influence. Yet that influence, under-
valued as it k, is the lever, by which the politi-
cal world is chiefly raised ; and, if that world
'now enjoys a settled calm, it is due in a great mea-
sure to the wisdom and energy of our councils.

[NEW TIMES.]
The English Funds were very heavy yester-
day, which, in a great measure, has been ac-
counted for by the alarm created by the failure
of Monday, and which yesterday was generally
circulated : the reports of the amount have, as
too often is the case in these unfortunate occur-
rences, been amazingly exaggerated. That the
amount is very considerable is beyond doubt,
and must be expected from the extensive credit
and transactions of the house ; in several quarters
we have been informed it will be near half a mil-
lion. Consols for the AccOunt closed on Monday
at 8714, and were the whole of yesterday at the
same quotation, with a very heavy appearance ;
exchequer Bills were from par to 4s. premium
for all descriptioni. In the Foreign Market there
was very little business doing, the prices much
the same as Monday. Mexican Scrip 88 to
dis. ; Brazil Scrip, 8 dis. ; Colombian,
748 ; Peruvian Bonds, 611 ; Guatemala Scrip,
5 dis.; Greek Bonds remained at about
dis., with but few purchasers; Spanish
Bonds, 17 ; French Rentes, 5 per Cent. 100 f.
25c.; French .Rentes, 3 per Cent. 721.; Ex-
change, 26f..15c.—1n the Share Market several
sales were effected at a considerable decline in
some of the Companies. Anglo Mexican Mining
Shares have fallen to 25 pm.; United Mexican
to 10 and 11 pm. ; Real del Monte were done at
170 pm., but towards the close of the day were
quoted at 200 pm.; Anglo Chiller), 1 dis.; Cas-
tellos, 5 pm.; Potosi, 4 dis.; Pasco Peruvian,
3 pm. ; Bolivar, , 18 pm. ; Alliance British and
Foreign Assurance Company, 34 pm.; Ditto
Marine, 4 pm.; British Iron, 5 dis. ; British
Rock and Patent Salt, 41 pm.; GemTal Stearn
Navigation, par ; General Dyeing and Printing,
it pm. ; Imperial Plate Glass, 1 pm. ; Mexican
Company, 4 dis.; West India Company, 2 dis.—
The alarm in the Share Market yesterday was
considerable, and all faith in the different Secu-
rities seemed to be on the wane, even in those
Companies which have been esteemed highly.

LMORNING HERALp.]
There is something amusing in the idle perti-
nacity and folly, with which nonsensical stric-
tures are passed daily upon the criminal law of
this country—especially the Law of Evidence in
criminal cases. Scotland, France—these are
the countries in which to look for sound prac-
tice in the administration of penal justice ! The
scorners of our domestic way of managing these
things, might go farther upon their own principles
—if principles they should be called : they
might refer. for examples to Turkey and Algiers.
—A cause occurred recently at Paris, of a per-
son, whose guilt was, or professed to be, esta-
blished by written evidence in this manner :
The Judge held in his hand a certain written
paper, and dictated its contents to -the accus-
ed, who accordingly wrote them down. Both
papers were now placed in the hands of persons
versed in discerning the identity or diversity of
hands, and sworn to give true evidence. The
prisoner's writing; it turned out, resembled the
written paper in evidence, even to the faults of
spelling ; and the experts--so these examiners
are called, pronounced both written in the same
hand. There are no bounds to the commen-
dation of this clever device for obtaining from
an accused person the evidence of his. own
guilt. Let us see, in the first place, whether
this proof be quite so certain. Suppose a cle-
ver forgery of the hand-writing of an honest
man -- evento his faults of orthography
which
obviously possible—and suppose him
placed at the bar, with the pen in his hand, writ-
ing under the dictation of the Judge. The inno-
cent mall will write in his usual mannerthe
resemblance will be complete—and the experts.,
or examiners, will pronounce his doom! Sup-
pose, on the other hand, an ingenious, practised,
and cautious offender in the same situation—he
varies his hand and his mode of spelling, and from
the faintness, .or total want of resemblance, he
escapes detection. But this mode of snaring- a.
person into self-conviction leads to the discovery
of truth, and the detection of guilt. So do many'
other practices which. are not. yet admitted into.
English Criminal Courts. Some schoolmasters,
be regarded
fur instance—and schoolmasters may

as the modern depositories of patriarchal legisla-
tion—will not scruple to promise an urchin im-
punity, if he tells truth, and discovers his accom-
plices. lie does so—and the ingenious judge has
no sooner obtained the truth from the culprit,
than he flogs him soundly. James 11. practised
this very artifice upon his Nephew—the young
and unhappy Duke of Monmouth, and having
thus obtained the necessary evidence, sent
him to the scaffold. It was also used by the
Inquisition.—They promised pardon—obtained
a confession—and then the lloly Fathers re-
warded the penitent with a san Benito, and Auto-
dafe—or in plain terms, they bedeviled and
burned him. Still it must be admitted that truth
may, and often has been obtained in this way.
But the same may be said of the torture. The
collection called Causes Celebres is full of cases in
which the detection of guilt and the discovery of
malefactors was made by the rack. In truth
every formula, however fair iu seeming, by which
it is sought to put the accused personally upon the
proof of his own innocence, whether by ordeal,
by the rack, or by forced interrogatory, is re-
ducible to a common principle, that of the tor-
ture. So identical in principle are forced inter-
rogatories and the torture, that the judicial de-
signation of the torture was " the question."

LAW INTELLIGENCE.

COURT OF KING'S BENCH, 0cr.25.
ROBINSON V. WARD.

This was an action by Mr. Robinson, a clergyman, of Hamp-
shire, against Mr. Ward, an attorney, practising in London, to
recover a large sum of money, received by Mr. Ward, on be-
half of his client, Mr. Robinson, and by him deposited in the
hands of Marsh and Co. just before their failure. The circum-
stances of the case, which were admitted or undisputed, were
shortly these :—ln August, 1824, Mr. Robinson sold a small
estate for 5,3001., and directed that the price should be paid to
his attorney, Mr. Ward, who was instructed to invest the pro-
ceeds in the funds, in the name of trustees. Before, however,
they could be thus invested, there were some charges, a sur-
veyor's bill, and other bills, amounting to about 100/., which
Mr. Robinson was authorized to pay. The money was receiv-
ed by Mr. Ward, on the 28th of August, in bank-notes, and
he kept them at first in his own house, waiting to hear from
Mr. Corfield, a surveyor, and from Mr. Robinson, as to its
disposal. On the 3d of September, as he was going out of
town for the benefit of his health, and was fearful of taking so
large a sum with him, or retaining it in his house, he paid it
into the hands of Marsh and Co., who were his own bankers,
and in his own name, Mr. Robinson's bankers being Messrs.
Hoare, of Fleet-street. On his return to town, he inquired for
Mr. Corfield, but could not see him till Friday, when he as-
certained the amount of his bill, and paid it, and also was made
acquainted with the other deductions to be made from the sum
which he was directed to invest. As Saturday was not a
transfer clay, he allowed the money to remain in the hands of
Marsh and Co., and on Monday they stopped payment pre-
paratory to their bankruptcy. At the time when the notes
were deposited, and also when the bank stopped, Mr. Ward
had himself a balance in their hands of 6,905/:
_ _

The ATTORNEY-GENERAL, tin. the plaintiff', contended
that he had clearly a right to recover, as Mr. Ward, against
whom there was no imputation except that of a little careless-
ness, had no authority to place this money in the hands of his
own bankers, or in his own name, but ought to have kept it
in his house, or have paid it to Messrs. Hoare, who were the
bankers to his client.

Mr. SCARLETT, for the defendant, conceded that if he had
paid this money into his own bankers with the least idea of
making use of it or of obtaining credit by the deposit, he would
be liable for the consequences of his act. But there was no
possibility of the operation of such motives in the present case ;
for he had at the time a large balance and the reason why he
did not pay in the money in Mr. Robinson's name, or to his
banker's, was, that if did so, he could not draw it out when it
should be wanted, but must wait fur an order from Mr. Robin-
son. who was at a distance. If he had kept the money in his
house, and it had been taken by robbers, surely he would not
have been liable for the loss ; and a banking house was usually
considered a safer depository than a private residence. Under
these circumstances, Mr. Ward, who had taken as much care
of his client's money as of bis own, and had acted as prudent
men usually acted, ought not be held responsible for an un-
foreseen misfortune.

The Lo RD CHIEF JUSIICE said, there were three courses
which a person with whom money was deposited might pursue:
he might retain it in his house; he might pay it into a banker's
in his own name ; or he might pay it into a banker's in the
name of his principal, or might offer an account specifically
for the purpose, and then give an ear-mark to the money
which might preserve it in case of his own bankruptcy. By
this last means, also, be might protect himself ; but if he, how-
ever innocently, anti with honourable intention, mixed the mo-
ney with his own, he became debtor for the amount, and must
abide the loss. The case was certainly a hard one ; but he bad
no doubt, in point of law, that the plaintiff was entiled to
recover.

Mr. SCARLETT said, that he was chiefly anxious to make
it distinctly appear that there was no imputation on Mr. Ward's
character.

The LonD CHIEF JUSTICE said, that none could be cast,
and that he was himself ready to say that, from all he knew
or heard of Mr. Ward, he believed him to be a gentleman of
high integrity and honour.
The Jury then returned a verdict for the plaintiff, credit
being given for the deductions and the law charges of the con-
veyance—Damages 5,1361. Gs. 3d.

LORD MAYOR'S COURT, OCT. 25.

TUE CITY OF LONDON V. COVINGER.

In this case a. Special Jury was summoned to assess the da-
mages due to Mr. Covinger, as compensation for the good-will
and premises situate at No. 3d, Shoe-lane.
The COMMON-SEIIJEANT opened the case for the City. It
was requisite to take down the premises, in order to make room
for the intended new Fleet-market. He called the City Sur-
veyor, Mr. Montague, and Mr. Smith, who valued the pre-
mises, the lease and goodwill at 750/., which included the com-
pensation for the ineonvenience of removing, &c. The pre-
mises were occupied by the claimant as a coal-shed, and he
was also the occupier of a coal-wharf in the Adelphi. The
compensation claimed by him was 6271. for the lease of his
house, and 1,2281. for the good-will, &c.
Serjeant WILDE, in reply on behalf of the claimant,
deprecated, in strong terms • the mode of proceeding. He com-
plained again of the great disadvantages under which his client
came forward, and of the severity with which he could not but
expect to be treated by a Court so constituted. The pro-
cess was one in Which the Corporation of the City of London
was deeply interested, and from which it expected to derive
benefits of nn ordinary kind ; and yet the case was tried before
its own Judge, in its own Court, and supported by the high
talents of the principal barristers, its own officers ! This was
the very reverse of fair or equitable. What would the Jury
think, if in a case in which the East India House, or Bank,
wal required to give compensation for buildings to be pulled
down for its accommodation, its own Chairman . was ap-
pointed Judge to decide upon the merits ? Just such was
this transaction. The whole course of the proceeding was di-
rectly partial. The City not only wrested to itself all the ad=
vantages and enormous privileges enumerated; but prevented
the claimant from that of a reply—a most baztfrdous denial
in the present instance, particularly as the Common-Sergeant
was necessarily employed on the stronger side. The only
resource of the claimant, therefore, against this combina-
tton of circumstances and privileges, lay in the unbiassed de-
termination of a Jury. The Learned Sergeant then called wit-
nesses to prove that the claimant's business,- that of selling
coals, was flourishing. The business was retail amongst the
lodgers in the neighbourhood, and was considerable. The
lease was to run 25 years.
The brother-in-law of the claimant produced a book, which
be swore contained - the accounts of the daily business, from
1819 to 1824, which he had himself entered.
The COMMON-SERGEANT said; the ink appeared to be the
'same all through, and look rather suspiciously at the book,
which was handed to the Jury, who, upon looking through a
leaf of it, found that it had the water-mark of 1823. This was
rattier a staggering discovery, and the witness was called again,
and asked to explain the inconsistency. He • hesitated, evi-
dently in great terror, and said he believed it was the book.—
He did not think there was any other.
The CoMMONSEIIGEANT in reply, said, they had a speci-
men of the effects which were produced upon the vulgar by such
a tone of invective as was indulged in so frequently 'l4 his
Learned Friend against the Judge and the practice 'of that
Court: The representation that he had made that the learned
Judge was biassed, was totally unfounded, and he should scarce-
ly have thought it possible for a person to conceive that any
gentleman coming out of the Inns of Court, and taking upon_
him such a situation,. could be actuated such motives as had

been imputed. The Recorder had tio such interest
tii_aas:tl3_l,3l.B t',P°7.,,rliie.
sessed by the Governor of the Bank of Engl:md,.or the Ciele.
In
of the East India ouse, and the comparison vas comPta'
nt,
Irt yhi fallacious.gehrtet actipo
Iny ,i Were therehweeor(oetlhd
produce s umc ho
would
osbt
eii alds
eebanent etg)rrt:ai.
tn
eer ,ittlojr o
its
ace d e
ain,,in,:ton.
With one part of his learned friend's obseivation's, as Lur,.o''n3- the
gree of injustice done to the defendant by preventingllinl"-frt it
op4t9fwhenraeaeesenh, i
talafilaocd-hrecaoncgrnia
socetldnseouhe
pertioappt
was
loolcorybfotft.
emaensnmui
Amongst
poyfnep
olot
witnessesrto
tt
hh
ee p
r a otherc
oCi oa un t(r
ittt s,l,l:sa 1:21(rt; *el'i
,otheeru ; 0
tits' English'-was which
might be made in our courts of justice, he thought rr he de-
ft
ndant's counsel, if he was compelled to cali Ivitnesseshd sot
prejudiceknow,
a onefirs
first
thatimpression wa s
contend k now known. 13° I 1 and, had all
sidered, to be remedihiwesad,
iashtefa.elldhwi
saisvftuhri
cinecilgieledrtdl.steo;ssi.er pointsiri.dTte)ha in which
h e
In every • instance where the contrary practice prevaite t _est
peared to him that justice was not done• ii
question was a dry question of figures and facts, and it
side,
scarcely be supposed that the speeches of counsel on elthe!Li on-
however forcible, could have any injurious eeect with's
CO,,
don Special Jury. When he spoke' jof the effects of the
ar'.
of invective adopted by his Learned Friend upon the vu ton
he might well point out the peculiar circumstance theyion
that day witnessed as an instance. When they heard the
continually declaiming upon the injustice done to them,:
or
vulgar (he did not mean the word in an offensive sense) i,,t
those who did not require much force to .convince theni.lf:,
_ uttrteiii:CerdirpidCricoi:aar:
their interests were invaded, were naturally led to think tr.r,,
selves entitled to resort to artifice, in order to counteract i-ro;
injustice they were led to think was Ilene to them• l'befallbril
duction of the book was a disgusting instance—a gross have
U
cation, of which he regretted to say the claimant must dtbe
;oaatunhngdt aedesht sidnill.o,,
Igabsewrhhuy.
siegtsni
.31torrwoalitftieihitnrivtisneenduiei'llriob's(lesistepileoense(wun'itichtilitilsnideYobri.rjseeca dain:atabt)niasit the
while
been cognizant. But he (the Common Serjeant) w is" be
Jury to decide independently of that. The, body for whont
...A
aeared would say, " Let the compensation be fair, fun, aret
cases added liberal, and in carrying the great improvement into effeeth'oid
us not have a single act of injustice with which W 'll3'
ourselves."
°R
greatlyDE uththe°3l°:
it
oi n,
h ihis
laboursci:arge'
producing the slighte clamant to him. santifitioni,
The Jury gave the 8501. as a total cornpen
being 100/. more than the City offered, and upwards of 1;
less than he claimed. without
0 ttilti,e
h Jury
ur)
assuredlat