The Sun.
London, England, 1825-11-08 00:00:00

TUESDAY EVENING, NOVEMBER 8, 1825

WILLIAM WATERHOUSE,
CARRIEIt IN ORDINARY TO HIS MAJESTY.

SWAN WITH TWO NECKS, LADZAI;IE,, GENERAL
COACH OFFICE.—DOVER, DEAL, RAMSGATE,MAR-
GATE, & CANTERBURY PATENT COACHES DAILY.
THE following ROYAL MAILS and POST-
COACHES depart from and arrive at the abofe Inn :
HOLYHEAD New Mail, through Stoney Stratford, Tow-
cester, Daventry, Dunchurch, Coventry, Birminhatn, Wolver-
hampton inffnal, Shrewsbury, Oswestry, Llangollen", Corwen
and Bangor, every Evening at half past 7, Sundays 7 o'clock.
LIVERPOOL Royal Mail, through Dunchurch, Coventry,
Coleshill, Lichfield, Newcastle and Congletou, every Even-
ing at half past 7, Sundays 7 o'clock.
BRISIOI., Royal Mail, through Reading, Newbury, Marl-
borough, Caine and Chippenham, every Evening at halt past
7, Sundays 7 o'clock. •
• BATH and EXETER Royal Mail, through Devizes, Melk-
sham, Wells, Bridgewater, Taunton, and Collumpton, every
Evening tit half past 7, Snnslays 7 o'clock.
• PLYMOUTH Royal Mail, every Evening at half past 7,
Sundays 7 o'clock.
EXETER Royal Mail, through Salisbury, Blandfard, and
Dorchester, every Evening at half past 7, Sundays 7 o'clock.
-FairmouTui Royal Mail, every Evening at half past 7,
Sundays 7 o'clock.
MANCHESTER Royal Mail, through Northampton, Har-
borough , Leicester, Derby, Ash bourne, Leek, and Macclesfield.
every Evening at half past 7, Sundays 7 o'clock.
BIRNIINGHASI New Mail, (in 13 hours), through Stoney
Stratford, Daventry and Coventry (the nearest Road by 10
miles),,every Evening at half past 7, Sundays 7 o'clock.
CARLISLF, ;Ind EDINBURGH Royal Mail, thro' Charley,
Preston, Garstang, every Evening at half past 7, Sundays 7.
CHESTER New Mail, through Salop, Ellesmere, and
Wrexham, every Evening at half. past 7, Sundays 7 o'clock.
KIDDERMINSTER New Royal Mail, through Birming-
ham, Dudley and-Stourbridge, every Evening at half past 7,
Sundays 7 o'clock.
NORWICH Royal Mail, through Chelmsford, Colchester
and Ipswich, ever' Evening at half past 7, Sundays 7 o'clock.
MILFORD HAVEN Royal Mail, through Cat diff, Swan-
sea,
Carmarthen, and Haverfordwest, crery Evening at half
past 7, Sundays 7 o'clock,.
_

LAW INTELLIGENCE.

COURT OF CHANCERY, Nov. 7.

PROTECTION OF INFANTS.-MOORS T 2. FITZGIBIISN.
This was a motion arising out of a series of law proceedings
of the same nature as the case of Wellesley v.' Beaufort, (re-
ported in our Paper of yesterday).—The plaintiff' had ob-
tained damages against Colonel Fitzgibbon for criminal
conversation with his wife, upon ' which followed a suite of
divorce with an Act of Parliament which passed in the last ses-
sion. Mrs. Moore and Colonel Fitzgibbon immediately inter-
married, and took the children, issue of the former marriage,
under their protection; the plaintiff; their legal father, disown-
ing all natural right or participation in their being. Colonel
Fitzgibbon settled upon them 6,600/. of three per cents. for
their education and maintenance, on certain conditions, which
excluded for ever the exercise of? any paternal authority over
them. The plaintiff having left them under the care of one of
their natural, parents (or both, as he professed continually to
believe), now sought to recover his right of authority over them,
and had obtained a habeas corpus 'writ for that purpose,_ which
it was the purpose of this application to interrupt. The affidavits
in support of the motion set forth many strong expressions ased
by the plaintiff in the hearing of the witnesses, importing that
he did not believe the children, two in number, to be his, but
that they were 31r. Gitzgibbon's—the third and youngest
he absolutely denied, upon sworn proof, to be his—that his ob-
ject in seeking to recover them was to annoy the parties who had
wronged him, and that his intention towards the children was
to bring them up with a mean low education, to cut the boy off
with a shilling, to get the girl married to a farmer's son, and
give her a cabin fortune of about 1001., and so forth.
The Solicitor-General, Mr. Abercrombie, Mr. Wakefield,
and Mr. W. Brougham supported the motion.
Mr. HART was partly heard on the other side.
The LORD CHANCELLOR said that he could not stay longer
at present, but would hear the remainder of the argument to-
morrow. Undoubtedly he ought to know from Mr. Hart's
client what he meant to do for the children. Ile was the legal
father, and in the view of the law owed them at this moment
the duty of adequate protection. Was he prepared to answer
for the full performance of that duty ? If not, the Court, as
their guardian, must do the best they can for them. His Lord-
ship observed, that formerly the House of Lords took upon
itself in bills of divorce to make all the children illegitimate.
The subject underwent revision; was well argued by Lord
Thurlow in the Upper House, and still better argued by
Mr. Fox in the House of' Commons. It was then denounced
to be a grievous hardship that the Court of Parliament
should undertake, incidentally to another proceeding, to de-
cide upon the status of a child or children not before the
Court, and having no one to defend them before the Court.—
Experience had shewn, in a celebrated peerage case especially,
that•the new rule was the best as well as the most. equitable.
—He repeated what he had said before, that it was a delicate
matter for the jurisdiction to interfere with the claim of paren-
tal authority. But if it could be shewn that the duty of pro-
tecting children was slighted or disowned by their legal parents,
the Court must grant the power of protecting them to the parties
who would undertake that responsibility...,-Further hearing to-
morrow.

VICE-CHANcELLOR'S COURT, Nov. 7.
This being the first day 'of term, his Honour the Vice-Chan-
cellor took his seat at one o'clock. The Court was afterwards
occupied with motions of no general interest.

COURT OF KING'S BENCH, Nov. 7.

lIAINE r. WELDON.

This was an action finr slander, tried before ,the Lord Chief
Justice, at Guildhall, when a verdict was fciund for the plain-
tiff, on counts of the declaration, alleging that the defendant
had said of him, " lie is forsworn," without alleging that the
words had relation to any judicial proceeding in which the
plaintiff had been examined on his oath.

Mr. GURNEY now moved fora rule to show cause why the
judgment should not be arrested, on, the ground that the words
did not neeeswily import any charge of legal criminality, and
referred to 6 Term Reports, 651, *here the point had been tle.
cided.—The Court granted a rule to show cause.

TILE KING P. HUGHES.
Mr. CAMPBELL moved for a rule calling on Mr. Hughes,
of Stafford, to show cause why an infivmation, in the nature of
a quo warranto, . should not be exhibited against' him for ille-
gally exercising the functions of Mayor of that borough. By
the charter, the Mayor ought to be elected by the aldermen
and capital burgesses, each body consisting of ten, and con-
scquendy a majority of each integral part of the corporation
was necessary to render the election valid. At Mr. Hughes's
election there were present ten capital burgesses and four alder-
men, so that thOugh there was a majority of the whole num-.
ber, there was not a Majority of each portion.—The Court
granted a rule to show cause.

HABEAS CORPUS.
Mr. ADOLPHUS moved for a writ of Habeas Corpus to bring
up the body of a child, the name of which he did not think it
at present necessary to mention, which was born seventeen
mouths before the elopement of the wife of the Gentleman,
upon whose behalf he now moved.

'Mr. COMMON SEHJ :ANThet; said that he must beg leave
to inform the Court, that at that moment there was an applica-
tion pending before the Lord Chancellor to make this child a
ward of Chancery, and he therefore trusted the Court would
not make any order until the decision of the Lord Chancellor
should be known.

AnoLPIIUS said he moved on behalf of the legitimate
father of the child, and he did not understand why the applica-
tion of a third party to make the child a ward of Chancery
should have any influence upon the opinion of this Court.
This case had been before the Lord Chief Justice, at Cham-
bers; and he had directed that the child should be placed in
the hands of a third party, in consequence of a return having
been made to the writ of Habeas Corpus by the mother of. the
child, and her paramour, " that the child is the child of us,
and in our possession:" The child was now in the possession
of a third party, and the father of the child now applied to.the
Court that it should be brought into Court to be handed over to
him.

The Coststoar SERGEANT—The child is now in bed ill with
the measles, and cannot be brought before the Court.
Mr. ScARLETT said he was instructed to support the motion
made by Mr. Adolphus; and as lie believed the only object of
the parties interested was to deprive the legitimate father of the
possession of his child, he should press their Lordships for a
writ of Habeas Corpus.
Mr. BRortGliam addressed the Court on the same side.

After some further discussion the ,Court granted a writ of
Habeas Corpus, 'directed returnable to-morrow to the party in
whose possession the child was.

THE KING V. STOKES,

This was the rule for a criminal information obtained by Sir
George Chetwynd, against the British Truly'BlT, which stood
to abide the event of his rule against the British Press, which
has been so largely discussed and on which no decision has been
given. The case stood for to-day in the peremptory. paper, and
Mr. Brougham appeared for the defendants, but the Lord
Chief Justice observing that no decision had been given on
the principal case, it was passed over. From the silence of the
Court on this long agitated question, it seems probable that the
Judges are ..livitkd in opinion.

PREROGATIVE COURT, Nov. 7.
Nothing but common form business was transacted this day,
and the Court rose before 11 o'clock.

LORD MA YOR'S COURT, Nov. 7.

, - -
LAWSON AND BARKER V. THE TRUSTEES OF THE.
BRITISH STEAM NAVIGATION COMPANY.
Mr. Bot.i.AND stated to the Jury, that the plaintiff's in this
case were highly respectable newspaper agents; that the de-
. fendants were Lieutenant General Sir William Congreve, Bart.
Sir J. S. Lilly, Charles Mayne, ES+, Edward Walpole,
Esq., and another Gentleman, and that the garnishees were
Messrs. Freres, Ward, and Co., of Lombard-street. The
present proceeding was instituted to recoved the sum of
2071. 11s. for advertisements inserted by the plaintiff's for
the defendants, who were trustees of a new company, called
the British Steam Navigation Company. l'he Learned
Counsel feared that his friend Sir W. Congreve engaged, when
lie entered upon this speculation, in an ,unprofitable and unfor.,
tunate job. The company's funds had been placedin The hands
of the garnishees, where they remained, as it would be proved
in evidence, to the amount of about 1,7201. and he thought there
could be no question of the responsibility of those trustees.. It
- did not signify whether the company was or was not 'at wOrk.::--
All that it was necessary to show was, that the money was in
the hands of the bankers, and that the plaintiffs' was a bona
fide claim.
_ _ _

A Clerk in the banking douse of Messrs. Vere and ‘Vard de-

f~.:

9,6„7, '1.`3110.

•
Pnrcn SEVENPENCE:

posed, that Mr. Ward was a partner in the banking-house of
Messrs. Vere, Ward, and Co.
Mr. BARNARD, for the defendants, asked in whose names the of the British Steam Navigation Company stood
Adding, that he knew it did not stand in the names of those in.,
dividuals, nor in the names of any individuals at all.
The witness said, it stood in the names of the five individuals
mentioned as trustees.

:11r. BERNARDLIIWe you got the books here ?
Witness—No; I was not required to bring them.
Mr. BaturAnD___lteal/y- this is quite a surprise upon me.. I
know it is not mentioned in the bankers' book that the money
' is in the names of those individuals. and I deny their responsi-
bility. The account is merely on account of the trustees, with-
out naming them.
Mr. ROLLAND—Suppose what you state to be the fact,
contend that the defendants are responsible, and that the mo-
ney can be attached. I am. willing to give you the utmost.lati,
tulle. Who are to draw the money ? Messrs. Vere and Ward
must, when the Company was about to open its account, have
asked and arranged in whose name it was to be drawn, if it were
for no other purpose than that of preventing tbrgery.
Air. FiAliNAßD—Gentlemen of the Jury, I am, as you per-
1411A,Pilltikka,greatest _of diflicultielu but I sliall„submitAkt.,
case to your judgment and experience. It is obvious, that, if
three of the Directors signed a check, the money could be
drawn ; but then the Secretary must countersign the check.—
When the account was opened, it was opened in the name of
the British Steam Navigation Company, and placed to the
credit of the trustees, whose number was not known. I donut,
at the same time that I state this, accuse the clerk of intentional
misrepresentation.
The RECORDER—The plaintiffs' witnesses have sworn that
the money lies in the banking-house, in the names of those five
directors, whatever may be their character. They were not
within the jurisdiction to be served with a process, and there-
fore resort was had to this Court, whose privileges made theM
liable. There is nothing more positive than the proof. The
Learned Counsel- has certainly impugned it ; hut I am sure
that he would not give his oath to the truth of his contradiction.
The Jury immediately returned a verdict fur the plaintiff for
2071. Ils.

LONDON) OPORTO AND LISBON STEAM-PACKET
3

NAVIGATION COMPANY.
WILLIAMS V. CURTIS.

Mr. BOLLAND stated that this action was .brought to ob-
tain the sum of 91. is. 6d. which had been obtained in rather
an extraordinary Way. Mr. Williams was a stock-broker,
and Mr. Curtis was one of those gentlemen who occasionally
did business in Capel-court, which is better known by the
the
his Alley. By ya somelettei mdei
raenestedor
tothert Asltro.ckC uEr txi
gnoareinotofs
Ex-
change, to a gentleman named Sweennan. This letter commu-
nicated the intelligence that five shares were allotted to Mr.
Sweetman in the abovenamed Company, and was sgned by the
Secretary, Mr. Norton. Mr. Curtis sold this letter in the'
market, and it was afterwards ascertained that be was not jus.,
tified in doing so. Mr. Williams applied to Mr. Curtis upon the
subject, and a correspondence commenced, in which Mr. C.
observed, "he hoped Mr. Williams and he would walk up
Capel-court, arm-in-arm, as friends, and then the world would
see that they were friends; that Mr. Williams had done his
credit much injury in the city, but that he hOped and trusted
all would be right again." This letter concluded with an ap-
pointment, upon which occasion the amount of. the money re.'
ceived for the letter was to be paid.
The facts were proved by Mr. Frederick Williams, die
plaintiff's brother, .and Mr. Sweetman.
The RECORDEn, in his charge, said, that no case could be
more palpable than this. Whether there were ever shares in
this company could not be 'ascertained from what had taken
place, but it was evident that the plaintiff had, upon the belief
that Mr. Curtis was authorised to sell the letter, paid the sum
stated to have been given. It was also stated that Mr. Curtis had
promised to refund the money which had thus improperly got
into his possession. With regard to those companies, he wished
it to be understood, that if persons received money. upon the
pretence that there were shares'existing, while, at the same
time, there was no ground for saying so, they might consider
themselves very well off if they escaped without being prose-
cuted for receiving money under false pretences. fie also ex-
pressed a hope that the parties to the numerous frauds which
had been lately practised in speculations of this kind would be.
severely punished.
The Jury immediately found a verdict for the plaintiff, to the
fulliamount of his demand. -

, 4,7-9-44,.., -47L'11.,4't,
_ziA.,,‘•;-.:Y:, -,.----;.--- ,
,•„.

FRENCH PAPERS.

(From the Constituticrnnel pf Nov. 3.)
ZANTE, OCT. B.—(.From a Private Letter.)—
Two vessels from the coast of Laconia give us the
following news :
" After having assembled all his army, Ibrahim Pacha set
ouX op the 9th of September towards Misha, the issues of
which were entirely unprovided with troops. At his approach
the peaceable inhabitants abandoned the town, which the
Egyptians in their fury burnt. They thus continued their
'march in the western valley of Laconia, as far as Archangelos.
Thence Ibrahim Pacha proposed to advance by the opposite
valley towards Monembasia ; but he had scarcely arrived at
_Mount Zagota, when Colocotroni, who .had just occupied the
passage with 4,000 men, made a valiant resistance.
" During three days several combats took place, all of which
ended to the advantage of the Greeks.
" Towards the end of the third day the brave Nicetas ar-
riving with a reinforcement of 2,000 men decided the affair.
Ibrahim, who in these various actions had just lost 3,000 men,
was repulsed and pursued as far as to Pentalonia, a very disad-
vantageous position, because it has only two issues which the
Greeks have already blocked up. We expect with impatience

farther news.
"According to the latest accounts the Greek fleet had quit-
ted the vicinity of Cassos, and approached towards Alexandria,
waiting for the sailing of the united Egyptian and Turkish
fleets now in that port."
14t1BECK, OCT. 25.—The affair of the Swedish
ships of war is so far settled that Messrs. Bene-
dicks and Michaelson retain them, as nobody
would pay the forfeit agreed upon in case the
bargain was revoked, but all the Swedish naval
.vacers have quitted the ships, and are replaced
by others, who are no longer in the Swedish ser-
'ice,
_having resigned their commissions at dif-
ferent times.

( From the Journal des Debats.)
PARIS, Nov. 2.—lt is affirmed that the first act
of the Spanish Ministry has been to require of
our Cabinet the recall of the French troops. It
has-a right to do so, according to the treaties, but
then who shall pay us what is owing to us?
Shall we retain some fortresses by way of secu-
rity? Will Europe, and especially England,
have nothing to say to these arrangements?
What will become of Spain after our troops are
recalled ? &c.
This, then, is the point to which the policy of
M. de Villele would have brought us. We have
pleasure in believing that this news is not such
as it is stated ; and if it be true, that there are
restrictions, with which we are not acquainted.
( From the Journal de Paris. )

DRESDEN, OCT. 25.—(Private Letter.)—The
Queen has been taken suddenly ill, and as the
disorder appears serious, the death of her brother,
-the King of Bavaria, has not been mentioned to
'her. The Court has not gone into mourning, in
Order the better to conceal from her the know-
ledge of this melancholy event.
Letters received at Leipsic, directed from
-Corfu; state that Redschid Pacha, having suf-
lored such great losses in his several attacks on
JViissolonghi, has been under the hard necessity
.Qf retriiliting, His discouraged troops haie Com-
menCeiVtlieli'march to Arta and Janina.
Ti!e Seraskier bad scarcely set Out, whet;
learned. the bad news, that a considerable corps
of Albanians in the Turkish pay had been at-
tacked suddenly by thiCommanders of the Greek
partisaniin the rear of the Ottoman army, at a
-shoCt distance frtiitti the Achelous, and that after
a smart action, the Albanians were completely
plit.to the route, leaving 700 of their number on
Ithelield of battle.

(From the Etoile, dated Sunday, Nov. B.)
TRIESTE, OCT. 28.—The news brought by
sea from all parts of the theatre of war, though
taut entirely agreeing in the details, concur in
• considering the fifth campaign as terminated to
the advantage of the Greeks. The siege of
Missnlonghi having cost this year, as the pre-
ceding,
,a whole army of Barbarians, and the
place being continually supplied by sea, it may
be Considered as out of danger. Itedschid Pacha
ig threatened in the rear by Karaiskaki, whose
corps is daily reinforced by Christian Epirots
and Albanians, who have deserted from the
Turks because they did not receive their pay.—
The Greek fleets are masters at sea. if a
Turkish or Egyptian division is seen, it is always
fiyiug with all its sails spread.
ZANTE, OCT. 20.--After the destruction of
the Union dike by a mine, which killed several
• hundred Turks, and after the recovery of the
important Franklin battery, the garrison of Mis.
solonghi continued to make frequent sallies to
degroy the new works which the enemy erected
with,vo much perseverance.
.The rains which fell in abundance about the
middle of September in the marshy territory of
Missolonglii, induced the Seraskier to make a
lao effort. In fact, this General, whose courage
and perseverance are admired by the Greeks

themselves, put himself at the head of his army
on the 24th September, to attempt another gene.
rill attack upon Missolonghi. Having been re-
pulsed with considerable loss, he returned to the
urge the..next day with all the forces at his
command, but with no better success. The loss
of the Turks in these two attacks is estimated at
_2,600 men. The Greeks, taking advantage of
their victories, have pursued the enemy, who
raised the siege. (This needs confirmation.)—
It is not yet known in what direction he will
effect his retreat.
NAPLES, OCT. 21.—Learned Europe will learn
with great pleasure that our august Sovereign has
. given orders to carry on the excavations of Her-
culaneum and Pompeii with activity. His Ma.
jesiy, accompanied by the Queen and the Prin-
cess Christina, visited the two subterranean
cities the day before yesterday, and made minute
inquiries into the state of the work. Our Museum
is daily enriched by valuable works of art and
antiques. The unrolling and reading the MSS.
continues with success.
ADJUDICATION OF THE. LOAN OF HAYTI.
PARIS, Nov,s.—As we said yesterday, Messrs.
Laitte and ifig company went yesterday at two
o'cloCk to the CommiSsioners of Hayti, to make
publicly their offer together with the otfierCom-
- Tanks: Tbe 100 r not having, presented them-
Ares, aud'llailbi-sOt'iiird by the broker Who
11 i',:;`) 5131+