The Sun.
London, England, 1825-11-22 00:00:00

[THE PUBLIC_LEDGEII.I

Last night-we received Dutch Papers to the
19th inst., but their contents relate merely to
matters of local importance, amongst which the
wants and interests of the Colonies in India oc.
copy a prominent place. To meet the difficulties
in which they are involved, it is proposed to raise
a Loan to the amount of 20 millions of florins
(about two millions sterling). For the payment
of the interest and redemption of the principal, a
sum of 1,400 florins is to be annually set apart
for the Colonial Service, to commence from the
Ist of January next year. This sum is to be gua-
ranteed, " as far as necessary," by the State, for
the period of thirty years at the utmost. In a
Memorial, accompanying the project of
Loan, the causes of the existing embar-
rassments are stated ; the extent and the na-
ture of the guarantee explained ; and last, the
means are pointed out, which the Colonies pos-
sess to pay the debt, without burdening the
mother country. The following are assigned as
the causes of the existing difficulties :—" The
great mass of paper currency ; the payment of
large sums for goods taken by agreement from
the British Government ; the loss of ships laden
with produce, and the missing of a ship from Ja-
pan with a rich cargo ; the great expellees incur-
red by the erection of military works and of a
Colonial Marine." Those are the leading causes;
but they alone, it is said, would not have produced
the present painful emergency, if it had not
been for serious disturbances in the Moluccas,
Sumatra, Celibes, and elsewhere, which ren-
dered expensive military operations necessary.
'l'o those are added failures of crops, and conta-
gious disorders, which have carried off thousands
of the natives, so that many tracts of land -are
stated to remain uncultivated. ‘Ve suspect, how-
ever, that one cause is overlooked—a change in
the manners of the mother country, which pre-
cludes the same economy in the management of
her affairs as formerly prevailed. With the
honours- of Royalty, she has also incurred the
habits of expellee; and though the present Go-
vernment is both practically and theoretically a
good one, yet it seems to have introduced more
expensive propensities than would have been
tolerated under the former system. 'We are
ready to admit, however, that neither the .Dutch
nor the Flemings, if the circumstances of the
times be. duly considered, have any cause to re-
pine at their political lot, and very little reason
to' be dissatisfied with their present Rulers.

[MORNING CIIRONICLE.j
Mr. Hume has been amply requited for the
attempts to throw on him the odium of the late
foolish attempts at combination, in the distill.
guished reception he has met with at Edinburgh.

Our readers will find an account of a dinner
given to him in that city, at which were present
most of the individuals distinguished for talents
and, patriotism. The Chair was filled by the vir-
tuous brother of the late Mr. Horner—a man
whose exertions for the good of his fellow-crea-
tures are unceasing, the founder of the Edinburgh
School of ,—Arts. We cannot, however, lay
down our pen without expressing our cordial
approbation of the handsome manner in which
the services of Mr. Peel in improving the Judicial
system of the country, was acknowledged at this
Meeting. The worse feature in our national
character is the rancour and want of charity
which we uisplay in speaking of each other. Of
late this uncharitablelpirit seems on the decline,
and men speak of the designs and exertions of
each other with more candour. If we wish that
our censure should be effective, we ought to be as
ready to approve of what is good as to censure
what is bad. Mr. Peel has entitled himself to
the thanks of the country, and let him receive
them.

[MORNING lIERALD.3
The Cambridge Papers announce that the pub-
licans of that place have advanced the price of
ale and porter ld. per quart ; which, according to
the calculation of a Correspondent, whose letter
we inserted a few days since, is equal to a charge
of 12s. the barrel. As far as the London publi-
cans are concerned, they have only raised the
price of porter a halfpenny a pot, being at the
rate of 6s. a barrel, adding only 20 per cent. to
the brewers' tax, while the good Bardolphs of
the provinces have gone a more sweeping way to
work, by snore than doubling it. On the part
of the London publicans, it is moreover
contended, and we believe very justly, that
they return a halfpenny to those who bring
their own pots. This they do, not merely on the
obvious ground of not having to provide accom-
modation for those who take their beer away,
but principally, we believe, in their own defence;
as it is an absolute fact that not less than one
in twenty of their pewter pots is stolen every
week. So far from wishing to press hard upon
the London publicans by any of the• observations
which we have been induced to make upon this
occasion, we readily admit, and are most strongly
convinced that there is no class of tradesmen,
embarking any thing like the capital they do,
who are oppressed and kept down, both by the
operation of the law (for such the Licensing Sys-
tem, as long as it last, must be considered) and
by plunder, to any thing like the extent that they
are. Besides the grinding dominion of the brewers,
and the caprice (not to say corruption) of some
of the Magistrates those people are robbed by
servants, by customers, and in the article of pots
especially, to an extent that. would scarcely be
imagined by those who do not know the facts.
The open and profligate extent to which the
stealing and receiving their pots is carried on, is
a disgrace to the law. NVe have heard it stated,
and our police reports confirm the truth of it, that
not only are there shops open in every quarter
of the metropolis for the reception of stolen
led, pewter, and other metal, but that one
lof the principal houses engaged in the manu-
facturing of these pots, keeps one or two
open receptacles, where they are taken in after
having been stolen, and melted down, and
few, if any, questions asked ; and because
the parties we alluded to give something like a
fair price, they have hitherto escaped conviction,
though they actually sell, over and over again, in
the same year, the same metal in pots to publi-
cans, of which they have been robbed. We
know of no reasonable profits in a retail trade
which can stand against such drawbacks as
these ; and we are not at all surprised, that,
with such difficulties combined, we see more pub-
licans ruined than of any other class of tradesmen,
as appears by the lists of bankrupts, and of those
discharged under the Insolvent Act. For this
plunder of thei►, pewter pots we wonder that no
remedy has yet been found., In the present ad-
vanced state of the Arts; it seems to us, that a
substitute might be provided for a soluble metal,
either by means of the iron-stone earthenware, or
in an iron vessel plated or highly polished,
which latter especially, we cannot help think-
ing, might be easily invented, and is one
which, after a short time, the public them-
selves would prefer to the pot now in use. Are
have dwelt on these circumstances, as well in
justice to ourselves, as to a useful and meritori-
ous class of tradesmen, whose real situation we
should be sorry to have appeared to underrate.
Our opinion of the present rise in beer remains
not only unaltered, but confirmed. Indeed we
have as yet heard nothing to shake it ; while we
sea the arbitrary mandates of the London brewers
producing a double effect beyond the reach of
their immediate influence. The publicans are, as
we said of them, " nothing loath" to do this ;
but, in justice to them, it must be remembered,
that the impost does not originate with them; and
that they would be quite as glad as their cus-
tomers to see an end to an oppressive domineer-
ing monopoly, of which they are quite as much
the victims as those who are thus taxed to main-
tain a set of people who, in the true spirit of
AVhiggism, are the advocates of liberty, while
they practise oppression.

LAW INTELLIGENCE.

COURT OF CHANCERY, Nov. 21.

Mr. HORNE and Mr. HEALD were heard in a short argu-
ment upon a question of costs, in a bill which had been struck
out of the paper in consequence of the absence of parties.
The Louis CHANCELLOR took the opportunity of saying
that a practice had obtained lately in the other court of filing
a new bill as matter of course,_ to revive any cause which had
been struck out of the paper for absence of parties—a practice
which was by no means sanctioned by the principles of the
jurisdiction.

MAGDAT.EN COLLEGE V. SIIITHORPE.

This case has reference to the will of the late Dr. Sibtharpe,
who had bequeathed a sum of money to the fellows and scho-
lars, for certain urposes therein described. The question was,
whether or no those purposes comprised a charitable or a pious
use. If the latter, by the Statute of Illortmain, the bequest to
the college was void. But as the legacy might still be capable
of legal effect as a charitable trust, the college might claim to
hold it as appointee.
The Cou wr was of opinion, that in the latter case the Attor-
ney-General must be called in to assert the right of the Crown
as general guardian of charitable trusts.

COURT OF KING'S BENCH, Nov. 21.
DOE v. DYKES.
The ATTORNEY-GENERAL, on behalf of the lessor of the
plaintiff, moved for a rule to show cause why the venue should

not be changed from Cumberland to Derby, on the ground that
an impartial trial could not be ensured in the former county.—
This was an action of ejectment, brought to recover lands of
great value from Mr. Ballantyne Dykes, a gentleman of large
fortune and great influence in Cumberland. Many gentlemen
who were likely to be summoned to serve on special juries, and
even the Lord Lieutenant, had an interest in the question to be
decided. At the dinner provided by the Sheriff at the last As-
sizes, for gentlemen attending as grand jurors, and others, the
defendant was present, and several of the jury struck to try the
issue, and after he had retired, his health, and success to his
cause, was proposed and drank with enthusiasm by the com-
pany. On hearing of this circumstance, the lessor of the plain-
tiff withdrew the record, being apprehensive that he should not
have an impartial trial while such a feeling existed among those
who would probably decide the issue.
The COURT thought that sufficient grounds were stated to
entitle the party to a rule to show cause, but suggested that the
case, if removed, should be taken to some county on the north-
ern circuit.

The ATTORNEY-GENERAL said the property was so inter-
mixed with lands in the adjoining counties, that an objection
arose to trying the cause in either of these counties; but he had
no objection to York.
The rule nisi was granted for removing the case to York or
Lancaster, as the parties might arrange among themselves.

RICARDO V. MACHADO.

In this case, for discharging the defendant from arrest, ar-
gued in part on Saturday, Mr. GURNEY and Mr. Com Y.N
were heard for Mr. Machado, and contended that their objec-
tions to the authority of the British Consul, and to the form of
the affidavit, were fatal.

The COURT took time to consider of their judgment.
At 12 o'clock, the Lord Chief Justice left the Court, to sit
at Nisi -Prins, in London.

THE KING V. COOKE.

Mr. J. S. S. Cooke, who was convicted at the Gloucester
Spring Assizes, 1824, of a conspiracy to molest Sir George
Jemingham, since become Lord Stafford, in the enjoyment of
his estates, and to defraud his tenants, and on whom no judg-
ment has been yet passed, now appeared in Court.
M. CAMPBELL moved, on his behalf, for a rule to show
cause why judgment should not be arrested or suspended until
after the trial of his brother Richard Stafford Cooke. The
defendant was indicted, with three other persons, Richard
Stafford Cooke, Jobn Russell Miles, and Richard Jenkinson,
for a-cOnspiracy. Richard Stafford Cooke pleaded in abate-
ment that he was Lord Stafford, Baron Staffbrd ; James
Stamp Sutton Cooke and Jenkinson pleaded the general
issue; and Miles never pleaded at all. To the plea of Richard
Stafford Cook there was a demurrer, which had been argued
and determined for the Crown ; but judgment of respondeas
ouster being given, he afterwards pleaded " not guilty."
While the demurrer was pending, the issue joined on the pleas
of Sutton Cooke and Jenkinson came on to be tried at Glocester
before Mr. Justice Park, when the Jury acquitted Jenkin-
son, and found Cooke guilty of conspiring with his brother,
Richard Stafford Cooke. Now, to constitute the offence of
conspiracy,-it was necessary that two should be implicated ; '
and though, if the verdict of the Jury had been general, it
might have been sustained in reference to Miles, or to " the
persons unknown," with whom all the parties were alleged
to have conspired, it could not be sustained when it formed
a conspiring with a particular individual, who not only was
still unconvicted, but who still might be tried, and be-
tween whom and the Crown issue was joined. It was true
that where a party was dead, or outlawed, a verdict of this
kind had been held good; but the case was otherwise when it
WAS possible to bring hiln to trial, and when his innocence might
yet be made to appear. Supposing hereafter Richard Stafford
Cooke should be tried and acquitted, the foundation of the
verdict obtained against his bother would fail, and yet he might
Dave suffered all the consequences attendant upon conviction.
The Cou fur, after ascertaining that the endorsement on the
record was to the effect stated, granted a rule to shew cause.

COURT OF COMMON PLEAS, Nov. 21.
WRIT OF RIGHT.-TRIAL AT BAR.
TOOTH, DEMANDANT-BAGWELL, TENANT.
This was an action in which the demandant sought to recover
certain lands alleged to be his property, now in possession of the
tenant Bagwell. Summonses were issued to four knights of the
county, last Easter Term, to elect 12 men, who, along with
themselves, were to constitute the grand assize, to try the writ.
At the sitting of the Court this morning, the names of the
grand assize were called, when it appeared that two of the
knights (Sir Geo. Alderson and Sir James Williams) were not
in attendance—the former through illness, and the latter by ab-
sence in the country.
The summoning officer was here sworn, and stated, that he
left the 'summons at Sir James Williams's house on the 4th
of November instant, and was then informed that he was in
Derbyshire, and would not return for some months.
_ _

The Lord Chief Justice BEST asked Mr. Sergeant Boman-
quet what course he was disposed to pursue : it appeared to
him that the cause could not proceed without the attendance of
the four knights.
Mr. Sergeant Bosawauvr submitted that the presence of
the four knights at the trial was not essential. They were
chosen to elect 12, who were to form the grand inquest to try
the case; but it id not follow that the knights themselves were
to form part of the jury.
The COURT asked the Counsel for the tenant, whether they
would consent to go to trial without the usual number of
knights.

Mr. Sergeant VAccitax said they were not disposed to
wave any objection in the case. _ _ _

11Ir. 'Sergeant IIosANQuET (with whom was Sergeant
TADDY) again urged the point.that the case might go to trial
without the four knights.
Lord Chief Justice BEST, referring to Boote's Suit at Law,
said it was there laid down, that " there must be 16 of neces-
sity" to try the case—that was, " 12 together with the four
knights who were to elect the grand assize de se ipsis et aliis."
After some few observations from lIIr. Sergeant TADDY,
. .

Lord Chief Justice BEST (who had consulted with the other
Judges) said to the Counsel for the defendant, " The opi-
nion of the Court is, that if you go to trial without the four
knights, it will be error on the record. After this intimation
you may go on if you will, but you must take the conse-
quences. _

31r. Serjeant BOSANQUET, after conferring for a few mo-
ments with his colleague in the cause, said, that on this
expression of the opinion of the Court, he did not think it
prudent to proceed to trial at present.
The LORD CHIEF JUSTICE—I think you have decided
well ; for if the trial should be afterwards set aside, as I think it
would, on the ground of error, your client might not have the
opportunity of bringing a new writ. The case must now be ad-
journed, and the cause of its adjournment will be marked on
the back of the record.

Mr. Justice GASELEE-Will it not be better first to call
over the names of the other persons returned to form the Grand
Assize, to see whether there are a sufficient number to try the,
cause without the knights ; for if there are not, the cause must
of necessity stand over, and that would be a still better ground
than the other ?

This suggestion was followed. The names were called over,
and it appeared that there were only two knights (Sir K. Birnie
and Sir Peter Laurie) and seven esquires in attendance. Thir-
teen esquires and two knights did not answer to their names.

Lord Chief Justice BST.—It is now certain that the case
must stand over for want of jurors, and it will be so marked
on the back of the record. it may be necessary to state here,
that as a writ of right is not within the statute of Henry VIII.
no talesman can be added to make up a jury, and as the non-
attendance of the jurors summoned will be a delay of justice to
the parties in the suit, the Court will be obliged to fine all those
who do not attend when the cause next comes on. Let the
cause be adjourned, and as this is a writ which cannot be tried
in an " issuable term," I fear it must stand over till next Easter
Term.

Mr. Sergeant BOSANQUET here observed, that the delay
was a hardship on his client. Since last Easter Term, one of
his witnesses, an old man upwards of 80 years of age, had died,
and though he could carry on his case without that person's
testimony, yet any farther delay might be very injurious to
him, as some of his witnesses were very old men.
The Lotto CHIEF JUSTICE—I hope the Jury will attend
to this, as it will show the serious consequences which may
arise from their non-attendance on a future day. His Lordship
soon after-added, that if the fact which Mr. Sergeant Bosanquet
had stated, 'as to the death of a witness since last term were put
into the shape of an affidavit, it might be ground for the Court
to depart from some of the customary forms, and have the case
tried in a term which was not an " issuable term," by which
it might be brought on sooner.
After some few remarks from Counsel on both sides, it was
at length determined that the case should be adjourned to next
Term, in 15 days of St. Hilary (or. the 27th of next Janua -y)—
and fresh summonses were ordered.to be issued to the jurors.

The case, on account of the rarity of its occurrence, seemed
to excite considerable interest, particularly among the junior
branches of the profession, with whom the Court was crowded
at an early hour.
COURT OF EXCHEQUER, Nov. 21.
CUSTOM - KING V.. VETO. _ _

Mr. CLARK stated, that, this was a scire firctas on a bond for
the performance of certain covenants on the building of the
Custom-house, which, some time since, in consequence of the
insuffioient manner in which it was erected, had fallen down.
lie had.now to move that an order which had been obtained by
the defendant for a fortnight's further time to rejoin, should be
set aside on the ground of irregularity. The defendant. had
in the first instance pleaded the performance of his contract,
to which the Crown had replied certain particUlar breaches.
On the 15th of November the replication had been given in,
and four days' notice to the defendant to rejoin ; so that if he