The Sun.
London, England, 1836-05-12 00:00:00

\ THE SUN, LONDON, THURSDAY, MAY 12, Mg.

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LONDON,
THURSDAY EVENING, MAY 12, 1836.

Mr. Alderman THOMPSON last night presented a
petition from merchants of Sunderland, representing
that they had received no compensation for their ves-
sels and property seized in the ports of Denmark, as
a retaliation for the aggression of this country. The
case of the petitioners is peculiarly hard, inasmuch as
that the other claimants have obtained compensation ;
and we see no fair reason why equal justice should not
he done to those who lost their property in shipping, as
well as those who had book debts orgoods insured. If the
one was entitled to redress, so was the other. But it
is unnecessary to insist upon a matter so obvious to all
unprejudiced minds. We cannot but feel assured that
the CHANCELLOR of the EXCHEQUER will see the
claims of the petitioners in this light, and if he can-
not afford to pay them the full amount this year, per-
haps he will grant them fifty, or even twenty-five per
cent, and pay up the remainder next year. •We take
the liberty of making this suggestion, because we know
that many of the claimants are almost :carving. Surely
the claims of humanity, hacked as they are by those
of justice, must prevail with an Administration whose
first principle of government is to do " equal justice"
to all classes of the community,

The various accountP. received from St. Sebastian,
corroborating those P1).1-alished yesterday, respecting the
victory obtained I.;y the British Legion over the Car-
lists on the 5'),1 inst., me given at full length in ano-
ther park of The Sun. They will be read with lively
inter'..st, not unmixed with a sentiment of national
ride--,-a consciousness that in the field of battle the
most degenerate Britons have never proved-themselves
unworthy of die land of their birth. We care not for
the cold sneers of the Quotidienne, nor for the base
insinuations of a :lfbrning Contemporary, who, with
charactristic meanness, would ascribe to desperation
the laurels gathered by cool intrepidity, and a combi-
nation of those qualities which go to form the cha-
racter of a great General. Abuse from a quarter in
which the English are nicknamed " Beef-eaters," for
lack of a soubriquet more dishonourable, is below
contempt ; nor ought we to feel surprised that those
who hire correspondents to traduce the value of their
countrymen, and to fill the public mind with antici-
pations of their shameful defeat by a confederation of
freebooters, headed by an Usurper, who on a memo-
rable occasion signed the betrayal of the liberties of
his country, are among the first to discover base
motives for their glorious success in the field of battle.
We must, however, confess that the consistency of one
Contemporary particularly surprised us. We hgd ex-

pected, notwithstanding the ingenuity 'with which that
Contemporary supported the cause of the ill-starred Don
CARLos, that the announcement of a victory gained
by British arms, under circumstances 'so crc:litable to
the inherent valour and indomitable courage of our •
troops, would be accompanied by one generous burst
of exultation—exultation for the men as Englishmen,
altogether distinct from a thought of the cause in
which they were engaged. But we are now more than
ever persuaded that principle is the fuel of patriotism—
that the destruction of the one is followed by the im-
mediate extinction of the other.

We shall not here dwell upon the bravery displayed
by the British troops, in one of the severest engage-
ments within the memory of the oldest officers who
took a part in it. General EvA Ns must have been
himself astonished at the energy, the fearlessness, and
above all, the cool determination of men, many of whom
knew so little of the art. of war, as to be ignorant of
the way of charging their own muskets ! Properly
disciplined, such fellows would be invincible. Never
before, we believe, since the invention of gunpowder,
was there an instance of a victory gained by a regular
body of troops armed with weapons which they knew
not how to use.

The assistance rendered to the QUEEN'S forces by
Lord JOHN HAY, was most opportune. His was
just the sort of co-operation the Spanish Govern-
ment stands in need of, with a view to put down the
rebellion before the close of the present campaign.
The British Cabinet must either follow up the victory
obtained by our arms at St. Sebastian, or disclaim all
knowledge of, and participation in, the measure adopted
by the English Commodore. We are no longer neu-
trals
in the war now raging ; and it is a thousand times
better for us to proceed openly, and with our accus-
tomed determination, than to continue a paltry, peddliag
system, which partakes neither of the dignity of war,
nor the security of peace. Though Don C A rums is
cooped up in the mountains of the Basques, and can-
not move a foot nearer the capital than he was two
years ago, still—in mercy to the Spanish people—let us
dislodge him from a lair which he has made the
centre of a district desolated by famine, disease,
and the most barbarous and unheard-of cruelties.
Enough of innocent blood has been shed to sate the
ambitious appetite of a tyrant, who had the baseness to
crouch before the footstool of NAPOLEON, and in the
name of his family, sign the abdication of the BOUR-
BON dynasty in Spain. England has pledged herself that
Don CARLOS shall not ascend the Spanish Throne du-
ring the lifetime of Donna ISABELLA IL—the Spanish
Cortes have solemnly recorded a vote, by which the
Usurper and his family are for ever excluded from the
Sovereignty of that country. Upon what principle, then,
do we hesitate to pour an army into Spain sufficient
to put down the Usurper in a month ? A fear of
Russia is the cry from one quarter ; an apprehension
of the greatness of the expense is shouted from an-
other ; and in a third direction we hear only of the
necessity of maintaining the peace-preserving system
of our Noble Foreign Secretary. One tells us that if
we assist the Christinos to conquer the Carlists in
Spain, Russia will declare for the King of HOL-
LAND against Belgium ; and PRUSSIA for Don
MIGUEL against Donna MARIA, as lawful Sovereign
of Portugal ; while another, more accustomed to see
danger in an easterly direction, will point to the ex-
posed state of Greece and Constantinople as a reason
why we ought not to embroil ourselves in any quarrel
with the nations of Western Europe. We have not
space to=day for the exposure of these fallacies ; we can
only observe passingly that we have examined them all
with some attention ; and that we draw from them much
stronger reasons for active and immediate measures for
crushing the Carlist conspiracy by British valour, than
those who urge them have yet advanced in favour of a
contrary course. Russia knows right well that Don
CARLOS cannot maintain his position in Spain ; and
it is no part of her policy to embroil the House of
Orange in a strife with a SOVEREIGN, now the friend
and the ally of France. As for Don MIGUEL, he
he may serve occasionally to play the part of a raw-
head-and-bloody-bones before sucking diplomatists ;
but in every other respect he has ceased to have a po-
litical existence.

Annexed is an official account of the names and rank
of the British and Spanish troops killed, wounded, and
missing after the close of the engagement at St. Sebas-
tian on the sth inst. We are still ignorant of the loss
sustained by the Carlists; but it was supposed that they
lost 2,000 killed, besides those who were made pri-
soners.

Captains .
Lieutenants

KILLED.

WOU:

Brigadier. Generals

Colonels
Lieutenant-Colonels

Majors

Captains
Total, 821 kille

'Sergeants
Rank and File
NDED.
Lieutenants
Ensigns
Sergeants
Ranicand File

and wounded.

33
594

Regiment of Chapelgories attached to the Legion.—Killed,
1 sergeant, 15 rank and file—Total, 16 ; wounded, 1 Lieute-
nant-Colonel, 1 Captain, 8 Lieutenants, 6 serjeants, 94 rank
and file—Total, 110. Total killed and wounded, 126.

considered the measure of laNt session—==which) thank
Gon, had been rejected—witich would have suppressed
eight or nine hundred Livings ; if they reflected tipori
the disastrous restilts of ski' dedYi!ciive policy, he
maintained that they Were bound to stand forward and
exert every power they possessed, in support of the
Protestant religion, and in opposition to everything
calculated to injure its usefulness, or affect its doc-
trines." We thank the Noble Lord for this frank, full,
and faithful explanation of what he, and those who
act with him, mean, when they talk of a Protestant
Church. Here we have them expressly telling us,
through their candid mouth-piece, that Protestantism
i 3 not established for the benefit of the community,
but for the benefit of its own Ministers ; that its efficacy
consists, not in its adherence to the doctrines of the
New Testament, but in its abandonment of them for the
more palatable ones of Mammon ; that Irish Bishop-
rics and richly endowed Livings are the corner-stone
of the building, without which it cannot stand an hour ;
and that whoso proposes to suppress the one, and di-
minish the number of the other, is religion's worst foe--
an infidel in the sight of GOD and man. Are we per-
verting Lord WINCHILSEA'S meaning ? Far from
it. We are interpreting it with the utmost literalness ;
for what does he mean by " injuring the usefulness and
affecting the doctrines of Protestantism," but that the
sole, moral, and religious influence of the Establish-
ment is derived from its enormous wealth ? His
theory, in fact, amounts to this. Suppress the Irish
Bishroprics, and reduce the number and value of.
Church Livings, and you strike at the very foundation'
of Christianity. This Ministers have done to a cer-
tain extent ; hence they are all infidels—fellowS without
the slightest fears of a future State before their eyes ;
whom it is the duty of all pious. Tory Protestants to
take every opportunity of denouncing. Here is Scrip-
tural doctrine with a vengeance, and, no doubt, all the
Bishops and Pluralists in the kingdom will swear to its
soundness. Captain GORDON expressed himself in
terms of equal orthodoxy. " The object," observed
this flaming fanatic, " of the Protestant Association is
to oppose whole Protestantism to whole Popery." So,
then, the essence of Protestantism consists in its di-
viding the people into two diStinct classes ; in mar-
shalling them in battle array against all Papists ; in
teaching them to be repellant where they should be
conciliatory ; to hate where they should love ; to con-
demn where they should pity ; to be intolerant
where they should be forbearing ; to stand
sternly aloof where they should be united ; to
be Sectarians where they should be Christians
in a word, to be brutes, where they should be men !
And this Captain GORDON calls Protestantism ! This
revival of the worst bigotry of the worst times, he calls
Christianity ! Shame on him for such a confession ;
and shame—far worse shame—on the Association that
professes to be influenced by such a spirit ! What,
are not the disciples of different faiths sufficiently prone
to quarrel with, and stand disdainfully aloof from,
each other, but we must have a body of factious
bigots organized, for the express purpose of aggra-
vating the quarrel and widening the breach ? Is
there so much charity already afloat in the world, that
it becomes the imperative duty of a Protestant
Society to contract the channel ? That this
Association proposes to itself no other object,
and has no other notion of religion than that it is a
mere worldly matter of pounds, shillings, and pence—
is evident from the remark let drop by the Rev. Mr.
POWNALL, who, following up Lord WINCHILSEA'S
theory, said, " had they resisted the proposition for
abolishing ten of the Irish Bishoprics, which they
ought to have done, the peril which now threat-
ened the Established Church of that country
could not have happened." Thus it should seem
that Episcopacy is synonymous with religion,
which stands or falls with it ; and, conse-
quently, that to " abolish ten Irish Bishoprics,"
is to remove just so many ecclesiastical pillars,
and " peril" the safety of the whole Establishment!
We thank Mr. POWNALL for this interpretation of
Lord WINCHILSEA'S theory. It is far juster than
our own, and fully warrants us in giving it as our firm
conviction, that though the articles of a Tory church-
man's faith may professedly be Thirty-nine, they are
in reality only Seven—namely, the five loaves and the
two small fishes. Adhere to these, and you are a
sound Protestant, without spot or stain. Repudiate
them, and you are an Infidel, tainted to the core with
the rank leprosy of Atheism.

A Morning Contemporary (the Herald),asserts
that a most important alteration has been made in the
Tithe Bill by the amendment introduced into the 33d
clause, which passed the Committee on- Tuesday.
Our Contemporary states that as this clause stood in
the original Bill, and in its various subsequent edi-
tions, " there was no provision made for exempting
lands upon which established moduses existed from
the operation of the enactment,. by which it was pro-
vided that the rent charge in lieu of tithe should be
computed from an average of the actual value of the
titheable produce in the last seven years." This is
quite a mistake, as our venerable and respected friend
will see, if she will have the goodness to put on her
spectacles and look at the clause again, or get
somehvly to read and explain it to her.—
She will then, we think, be convinced that no altera-
tion such as she supposes has been made in the clause
alluded to ; and to save her a little trouble, we will,
with our usual consideration, quote the words as they
stand in the various editions of the Bill. In the ori-
ginal Bill, the clause in question is the 28th, and it is
therein enacted that the value of the tithe is to be
calculated on an average of seven years, " that is to
say, during such part (if any) of the said period dur-
ing which such tithe, or any part thereof, or the tithe
of any part of such lands, shall have been rendered and
taken in kind either to the owner, or to any other person,
then solar as relates to such Tithes so taken in kind,
according to the clear value thereof, after making. all
just deduction, on account of the expense of collection
or otherwise : and during such part (if any) of the
said period, during which such or any part thereof, or
the Tithe of any part of such lands, shall have been
compounded for with the occupier, or shall have been
demised to him in consideration of any rent paid, or
agreed to be paid for the same, then, as to such last
mentioned Tithe, according to the amount of such
composition or rent so agreed to be paidfor the said
Tithe." _ _

Such is the enactment in the first Bill, and if we
had not had the fact before our eyes, we should have
thought it impossible for human stupidity to have so
misunderstood it, as to imagine that no distinction was
made in the mode of estimating Tithe taken in
kind, and Tithe compounded for.
In the Bill, as amended on recommittal, the 33d
clause contains the very same words, the only diffe-
rence in the phraseology of the provisoes we have quo-
ted being the introduction of the word " marketing"
in the first, and of " such lands," after " occupier,'
in the second, which are mere amplification.

Let us look next at the clause as submitted to the
Committee on Tuesday, and adopted as part of the Bill.
It runs thus--,, The Commissioners or some Assist-
ant-Commissioner shall proceed to ascertain the
clear average value (after making all just deduc-
tions on account of the expenses of collect-
ing, preparing for sale, and marketing) of the tithe
of all the titheable produce Qi all lands subject to tithe

in the said parish; according to the average of seven
years preeeding Cfftistimis in the. rear 1835 ; provided
thAt, the said pt-i'iod of seven Veal's, Of
part thereof, the said tithes, or any part thereof, shall
have been compounded for or demised to the occupier
of any of the said lands, in consideration of any rent
or payment instead of tithes, the amount of such cOing
position or rent, or sum agreed to be paid instead of
tithes (including all unremitted arrears thereof), shall
be taken as the clear value of the tithes included in
such composition, demise, or agreement."
It is thus evident that the same identical principle runs
throughout all these clauses, and that the only dif-
ference in the one finally fixed on from the others is
that which we stated yesterday, viz., that it is ex-
pressed in more clear and definite terms.

The Paris Journals of Tuesday received this morn
ing, contain no news of any importance. The Mont-
tear, in an official paragraph, states that an engage-
ment took place on the sth instant Llodio, between
the Christinos under CORDOVA, and the Carlists
commanded by EGUIA, the result of which was not
known. The Journal du Commerce states that the
Palace was unusually gloomy on Monday night, and
that the atmosphere had affected the serenity of the
President of the Council, who was declared the next
day to be inaccessible. No clue was discovered by
the Journal in question whereby the mysterious
cause could be traced beyond a mere conjecture.
M. DUPIN, President of the Chamber of Depu-
ties, has aaar....a a letter LO Ole constitutzonnet,in
which he denies, that at a dinner given by him last
week at the Hotel of the Presidency, to Marshal
CLAUsEL, any coldness was apparent between himself
and M. GUIZOT, or any of his numerous Doctrinaire
guests. He very properly, we think, protests against
the liberty which the French Press assumes of taking
cognizance of what passes in private society, especially
where the promotion of no political object is intended.
The Chambers met on Monday, but no measure of
any importance engaged their attention.
The following is from the Impartial:—
" A journal announced, a few days ago, that England had
just made a last effort to determine France on an intervention
in Spain, and that in the probable case of a refusal, the Eng-
lish Cabinet was resolved on interfering alone-15,000 men
were, it was said, to be landed in the Peninsula, besides the
Marines and the British Legion already stationed there. We
regret to announce that this last statement is unfounded."
PARIS, MAY 18.—M. Dubois has to-dav communicated to
the sub. Committee the report on the Budget of the Minister
of Public Instruction. He will read it to the general Com-
mittee at its next meeting.
This report is said to prove the care with which the Com-
mittee has entered into serious investigations respecting the
several parts of the service, which are calculated to excite its
attention in particular.' It approves in general the employment
of votes of credit assigned in preceding budgets, for the pur-
poses of primary instruction. It acknowledges that the dif-
ferences in the amount of the sums allotted to different depart-
ments are justified by the want of resources and the wants of
those which have had the largest portions. But it blames the
arbitrary employment of the money in subscription to various
works in encouragements to the sciences and literature, and
for the collection of historical documents. The distribution of
these documents, published at the public expense, and that of
the works published, is far from having produced the advan-
tages intended by the votes of credit. The Committee, it is
said, propose measures to prevent the recurrence of abuses
which have justly given some offence.--Messager, May 10.

FRENCH FUNDS.—PARIS, MAY 10.
Five per Cents., 108 f. 107 f. 95c. lOtlf.
Four per Cents., 101 f. s`,'e.
Three per Cents. 82f. sc.
Hank Actions, 2,252 f. 50c. 2,2601
Rente de Naples, 1021. 55c. 60c. 70c. 65c.
Roman Five per Cents., 10256.
Spanish Actives, 46 46% %%14.
Spanish Differes, 22%.
Spanish Passives, 1414
Belgian Loan, Five per Cents, 102%.
Portuguese Three per Cents. 54%N.
Hay fiat; Loan, 400 E 410 f. 420 f.
EXCHANGE ON LONDON.
One month, paper, 25c. 40c.; money, 25f. 42c.
Three months, paper, 25f. 27%e. ; money, 25E 2734 c
—"0 ,rs Authentiane.

BOURSE, QUARTER TO FOUR.-The Rentes remain without
any fluctuation ; they have been all day at 82f. 20c. demand,
82f. 25c. sellers ; Spanish stock showed a tendency to rise ;
at the opening, Active Stock was done at 464, but as a report
spread on Change that the Carlists had driven, on the 6th,
General Evans back to St. Sebastian, the price went back
to 464.
LAST PRICES. —Five per Cents., 108 f. 15c. ; Three
per Cents., 821. 20c. ; Five per Cents. Spanish, —; Three
per Cents. Spanish, —; Cortes, —; Coupons, —; Gueb-
hards, ; Differes, 161 ; New Loan, ; Actives, 46k; Pas-
sives, 143-; Ducats, 102 85 ; Romans, 1023- —; Pedros, —;
Belgians, 1021 ; Dutch, 57f. 50e. ; Haytians, 420 f. —c. ;
Nliguels, —; Brabant Bank, —; Belgian Bank, 181 ; Con-
tinuation, —c. ; New Differes, 22i; Five per Cent. Perpe-
tuelles, —; Royal Loan,

Brussels, Dutch, and German Papers have been
received this morning. Extracts from them are given
in another column.

HAMBURG BORSEN HALLE, MAY 7.
FOREIGN FUNDS. Bills. Money.
Austrian Metalliques, 5 per cent.
Ditto ditto 4 per cent.
Ditto ditto 0 per cent.
Ditto Bank Shares 1373 1371
Russian 5 per cents. Metal.
Anglo-Russian Loan 106% 1002
Paper Inscription, 6 per cent —
Russian inscription, Hope and Co., 3d and 4th
Series
Ditto, Certificates
Portuguese Regency Lends, 5 per cent 79 78%
Ditto, 3 per cent. 5l 50%
Dutch ii per Cents.
Ditto 5 per Cents —
Polish Bonds, 3 per cents.
Anglo-Danish Loan, 3 per cents 714 74j
Norwegian Loan of 1834, 4 per cents.
Spanish, in piastres, 3 per Cents
Cortes Loan, 5 per Cent
Greek 4 per cents. 1933, guaranteed by France 93% US

DUBLIN.—ARRAN-QUAY OFFICE.--A nymph
of the Cyprian order, calling herself by the pretty appell
tien of Rose Young, was brought up in custody before the
magistrates of Arran-quay, charged by Archibald Morrisson
an American seaman, with robbing him of all his clothes.
Poor Archy's only covering consisted of a tattered half
blanket, which hitching more closely round him, he threw out
a quid, squared himself before the bench, and stated his case
as follows :—Please your honours, it is now two days I guess
by my reckoning, since I came into your harbour down there ;
after having got all to right, I took -a " cruize" through town
and happened to chop on an old ship mate ; we dropped our
anchors at once in a dram store, where we had our allowance
of grog, but somehow or other it got into our upper works, for
I found myself rocking about like a lobsided lugger in a
rough sea ; I parted company with my shipmate, but in what
latitude I can't guess, and was steering my way right in the
wind's eye, making as I guessed for ship, when I was hailed
by this bit of craft, the " Rose," as she calls herself; when
she hailed, I sung out and answered as in duty bound ; she
hoved to, arid poured into my cars such a broadside of love
and lingo, while I, having such a cargo of grog aboard, suf-
fered myself to be captured ; the enemy then took me in tow,
and conducted me into a bye oreek of a place she called
Browne-street ; I douced my rigging, got into my berth, and
did not turn out till the 6th watch, as I guess, when I disco-
vered that my consort had sailed, and bore off all my toggery.
On this I kicked up a row, when all hands below came
tumbling up, and kicked me out; I then had to stand in the
street under bare polls, until I got the blanket flung over me
by some humane person, I guess. All I want is my rigging,
till I get to ship, when tarnation if I shan't keep a sharp look
out, and sheer off from such land pirates again I guess." The
Young Rose, who during the time occupied by the tar's state-
ment of his complaint, stood blushing carnation, offered no
defence, and was committed for trial.—Freeman's Journal.
MANSFIELD.—An excellent plan for the detection
of horse-stealers has been adopted at Mansfield ; if a horse is
stolen from thence, information will be immediately given to
the members of the association, who will instantly scour the
country for at least thirty miles around Mansfield. This is an
example which we hope will be followed throughout the king-
dom. —Derbyshire Courier.
FIRE AT BARON HILL.--On Thursday morning,
Sir Richard Bulkeley, who had been attending Chester Races
the whole week, received the melancholy intelligence, by ex-
press, that his recently erected hall, at Baron-hilt, in Anglesea,
was tonally destroyed by fire. The old hall, we understand,
was razed some time since, and a splendid new edifice has been
erected on its site, which was in a state approaching completion.
Fires were constantly kept, to prepare rt for the reception cf
the family, and on Wednesday night at eight o'clock every
thing was safe, but by six o'clock on Thursday morning the
whole was one mass of fire, and, we hear, has been totally de-
stroyed. We have not yet received the particulars of this la-
mentable occurrence, which there is no doubt was purely acci-
dental.—Macclesfield Herald.
The Prince of Capua and his consort returned to
Mivart's Hotel yesterday at 4 A. M. in a travelling carriage and
four; they quitted town last Saturday noon. Their destination
is said to have been Gretna-green.
six and seven o'clock on
ELOPEMENT.-Between
Wednesday morning last, a carriage and four, containing two
ladies and a gentleman, galloped up to the Bush Inn, in this
city, where fresh horses were ordered immediately, for that
elysium of lovers, Gretna-green. They did not alight, but
proceeded immediately on the wings of love to the borders,
where the two were made one, for better or worse. They re-
turned to Carlisle again by noon, and the circumstance having
been bruited, some anxiety was manifested to catch a glimpse
of the bride, who, we understand, is very beautiful. On in-
quiry, we learned that the Gentleman's name is Skelton, and
that he is a maufacturer of Leeds, but the name of his fair
companion remains a secret. They started for Keswick in a
chaise and four, there to spend the commencement of their
honey-moon,—. Carlisle Patriot.

MEETIt9 I,)V THE NATIONAL BANK
OF ENOLAALL:IrPHIS r)AY).

.r. _____—..,..—_______ , • ~
,ViiTe &tt6nded the above meeting-, at the Lai!lbl lavcrn.
I>ishopsVi6-i4'et,i, fin- the purpose of giving a report CI its
proceedings, but were lefti..,,.ed admittance, by order of the
Chairman, Sir Andrew Leith Hay.

DUBLIN ELECTION- COMMITTEE.

(TIIIS DAY.)

The Committee met this morning at the ttstidl hour.
Courtsql on bt!lialf of the sitting Member objected to the
vote a Smyth, on the ground of bribery.
The evidence of OaFr read in support of the objec-
tion, hut the Committee, not elefltlilit it guilicieutf decided on
allowing it to remain on the poll.
The rote of Francis Hutchinson wasinext objected to in the
same class, and was under consideration when our reporter left.

EXCHEQUER COURT, (THIS DAY).

YOUNGE V. BOND.

This was an action to recover damages for an assault. The
plaintiff was an actor, late of the Adelphi ; the defendant was
the proprietor of the same theatre.
Mr. Sergeant TALFOURD, with whom was Mr. HUMFREYg.,
stated the case for the plaintiff. He said his client was an
actor of considerable eminence in his profession. lie had for
a long time been engaged in Drury-Lane, where he had
played some parts of high character. Having engaged with the
defendant, who had become proprietor of the Adelphi Theatre,
he appeared there, and, being well received, played some of
the principal parts. The piece of the Dream at Sea came out,
in which the part of Trevannion was assigned to the plaintiff ;
he played the part, but complained of it to the defendant, who
promised that in a piece then in preparation he should
regain that station which he formerly had filled. The
piece referred to was Luke Somerton, and according
to promise, the principal part, that of Luke Somer-
ton was assigned to the plaintiff. He had the mann.
script from the author, Mr. Soane, for the purpose of
studying his part. He had it in his possession fa-
nu I cut:iv it u tea,ui a0,a,.;„„ him, without any explana-
tion, to give up the part to a brother performer. Of course,
he was bound to obey. He sent the part, but feeling ag-
grieved that he should be so degraded—so lowered in the eyes
of his brother and sister performers, he determined to take the
first opportunity of seeking an explanation as public as the in-
sult (for it was so) had been given. The day following, the
plaintiff attended the theatre for a rehearsal. There he
met the defendant and very naturally he took that
opportunity of remonstrating with him, as that was the
only remedy he had. Whilst the plaintiff was speaking with
him, the defendant was gradually taking off his gloves. He
threw them on the ground, and struck the plaintiff a very vio-
lent blow on the face, in the presence of almost all the parties
connected with the theatre—at the same time saying, that he
(the plaintiff) was a mean contemptible fellow. This was a
most gross outrage ; but Mr. Younge was not revengeful—he
waited for a long period to see if any apology would be of-
fered, which would at once have been accepted. None was
offered, and he had no other means of getting redress than
seeking it at the hands of a Jury of his countrymen. The
case had been set down before, and then there was no other
plea on the record than a mere denial of the assault • but at
the latest, at the eleventh hour, he comes to the dourt and
obtains a rule to amend the pleadings, and then he puts a
justification on the record. In what manner he will make
that out it will be for you to look at most jealously, for it is
evidently a mere after thought. The Learned Gentleman
then called
Mr. Richard John Smith—ln January last he was an actor
at the Adelphi ; his theatrical name was 0. Smith. The
plaintiff was also engaged. The defendant was the lessee at
that time. He remembered the piece of Luke Sommerton
being put in rehearsal—the, principal character was Luke
Sommerton, which was given to Mr. Younge. He was an
actor in the habit of performing such principal characters at
Drury-lane and other places. On the morning of the sth of
January, when he went to the theatre, he found Mr. Younge
there. He told him of his intention of remonstrating with
Mr. Bond for depriving him of the principal character in Luke
Sommerton, which was given to witness. He was called upon
to go on the stage, and found the plaintiff and defendant in
conversation. The first words he heard were from Mr. Bond;
he said, " you are a mean contemptible fellow." Mr. Younge
repeated, " you are a contemptible fellow," upon which Mr.
Bond struck him a violent blow. The marks were visible
for some days, and the skin was cut with a ring which the
defendant had on his finger.
Cross-examined—There was another Mr. Young in the
profession, who was the great Mr. Young. The plaintiff was
not called for the rehearsal on the morning in question. The
stage was full of performers, and Mr. Gallott, the stage ma-
nager, was present. Mr. Younge attempted to return the
blow, a scuffle ensued, and the performers interfered and
put an end to it. Mr. Younge performed on that night, so
far as he was aware.
Mr. Stephen Palmer,—Was a performer at the Adelphi
Theatre in January last. Was on the stage in the morning of
the sth. Saw Mr. Younge there, who had to attend at the
rehearsal of the Ghost Story. Saw Mr. Bond come on, and
Mr. Younge remonstrated with him on the part of Luke Som-
merton being taken from him. Mr. Bond said, "Do you mean
to insult me ?" Mr. Younge said, "If truth is an,insult. lam
the insulted party." Bond then said, " You are a mean, con-
temptible fellow." Mr. Younge repeated the words, and
Bond struck him. There were several contusions on his face,
and they continued for more than a week. Witness separated
them immediately.
Cross-examined—Saw Mr. Younge there before Mr. Bond
came in. He was very much excited, and spoke loud ' • but he
certainly had not been drinking. Believed the words were,
"Do you mean to insult me on my own stage?" Mr. Younge
did not say, " Yes, Ido ; for you are a low shuffling rascal."
Did not hear Bond say, " There is my stage-manager, Mr.
Gallott, speak to him about it." Mr. Bond said, " Don't
speak so loud here, come into my house." Younge said, " No,
it should be settled in the face of his brother performers."
Upon his oath he did not see Mr. Younge spit at Mr. Bond,
and he thought he must have seen him if he did. Did not see
Younge put out his hand towards Mr. Bond's collar. Mr.
Younge said afterwards, " I am an old man, but I think I
could lick him."
Mr. Wm. Searle gave a similar account of the transaction.
Cross-examined—He had subpoenaed two witnesses on the
part of Mr. Younge. He had been an attorney's clerk for
three years. He had not heard anything said about a refe-
rence to Mr. Gallott.
Mr. Sergeant BOMPAS (with whom was Mr. Bailey) com-
mented on this evidence, which he said most clearly showed
that there were many f the facts kept back ; it might be
easily gathered that the plaintiff had come to the theatre for
the purpose of insulting the defendant on his own stage, and
he was afraid that the excitement spoken of was not the result
of wounded feelings, but of ardent spirits. It would be his
duty to prove before tire Jury that the plaintiff not only most
grossly insulted Mr. Bond by language, but that actually
committed the first assault—an assault of so gross a kind that
Mr. Bond would not have been possessed of the feelings
of a man had he not instantly administered the punish-
ment he did. He would prove that he not only caught him
by the collar, which was an insult to justify the defendant, but
tbat'he had actually spat in his face. If he succeeded in prov-
ing this, then be must have the verdict, but if not, then it
was one of the most paltry actions ever brought into Court,
and deserved none but nominal damages. He then called
Mr. William Norris—Was employed at the Adelphi Theatre
as gasman nil the sth January last. He saw plaintiff and de-
fendant speaking together. Mr. Younge was complaining
loudly of being unfairly deprived of the opportunity of ap-
pearing in " Luke Sommerton." Bond said he knew nothing
about it, and referred him to Mr. Gallott. Younge said he
(Bond) knew all about it, and he would have it settled there.
Bond asked if he meant to insult him. Younge said, Yes. Bond
then called him a mean, contemptible fellow. Younge spat in
Bond's face, and then Bond struck him. On going out
Younge said they were a low swindling set, and he could lick a
dozen of them. Mr. Younge played the same evening, and
did not appear much hurt.
Cross-examined-- Was first applied to by Mr. Younge to
give evidence. Was applied to by Mr. Ainsworth, Mr. Bond's
solicitor, about three weeks ago, when he told him about the
spitting ; he told him that Younge spat, but he did not know
whether it went into Mr. Bond's face.

James Duthwaitc was on the Adelphi stage when the tran-
saction took place. Younge was speaking rather high ; he
heard him say, in answer to Mr. Bond, that he did not mean
to instrit him. He turned away, and then heard them fighting.
He then heard Younge say to Bond " You are a contemptible
fellow." Bond swore, and said " You have spat in my face."
Younge said " I don't care ; and I will do it again."
The messenger of the Adelphi gave similar testimony.—
Younge said first to Bond " you are a d—d contemptible fel-
low, and pushed him against the wing before Mr. Bond struck
him. Witness thought Mr. Younge the worse for liquor.
Charles Shaw, the call-boy, was present at the transaction.
Younge put his hand upon Bond's shoulder before any blow
was struck. Younge was speaking very energetically.
Mr. M'Beath, an attorney, went on the 15th January to get
some orders from Mr. Bond. Mr. Bond was speaking to some
one on the stage. Mr. Y. came up and said " I want to speak to
you." Bond said he would speak to him presently. Younge
came up again and said, " Mr. Bond, I must speak to you."
Mr. Bond then went to him, and Mr. Younge complained
loudly about some disappointment about Luke Sommerton.
Mr. Bond said, " Oh, if it is on that subject, you must speak
to Mr. Gallott. I know nothing about it." Mr. Younge said,
" You do know all about it ; I am not to be humbugged in that
way." He spoke very loud, and Mr. Bond said, "Do not put
yourself in a passion, come into my private house." Mr. Younge
said, " No, I will have it out here, before my brother actors ;
you are mean shuffling scoundrel, and I will say here what I
have to:say." Mr. Bond then said, "Do you mean to insult me?"
Mr. Younge said, " Yes, I do ; you are a low shuffling scouna
drel, and I would not care to lick you." He did put his hand
out and shoved him by the shoulder, and at the same time spat
at him in contempt. Then, and not before, Mr. Bond struck
at him. Younge retaliated, and they struck at each other till
they were separated.
Cross-examined.—Mr. Bond had a private house in the
theatre, in which witness had been. He was a friend of Mr.
Bond's, and had visited him at the Athenmum.
Mr. Serjeant TALFOURD—And played with him there?
Mr. Serjeant BOMPASS objected to the question. If that
was to be inquired into he must be allowed to inquire into the
reasons for the plaintiff's leaving Drury-lane.
The Learned Judge thought the question was irrevelant to
the cause before the Jury. The witness had often seen Mr.
Bond afterwards, but had given bis account only about a fort-
night ago to Mr. Bond's attorney.
Mr. Serjeant TALFOURD replied.
The Learned Judge summed up, and the Jury immediately
retvned a verdict for the plaintiff—Damages 501.