The Sun.
London, England, 1836-12-03 00:00:00

>mpany

What says the Church of Scotland to this modest
pretension ?

His Majesty's packet Ranger, Lieutenant Turner
commander, arrived at Falmouth from the Tagus on
the Ist inst., whence she sailed on the 27th ult. with
letters and papers from Lisbon, bearing date the day
preceding her departure. The capital was then tran-
quil ; the inhabitants appearing to wait with breath-
less anxiety the result of the elections. The Royal
Decree, suspending the operation of that part of the
34th Article of the Constitution, which permits no
Deputy to accept the office of Secretary of State, with-
out going through the formality of a re-election by his
constituents, nearly led to another insurrection in the
capital. Ministers had not sufficiently attended to the
jealousy of the public mind when they sanctioned the
promulgation of such a decree immediately after the
affair of Belem. The instant it appeared, the National
Guards assembled in groups, and a whisper of treason
was heard in every direction. The timid and irresolute
are encouraged by the sound of their own voices. A
public meeting was called, at which the Civil Governor
Senhor CALDEIRA presided, which was thronged
by crowds of National Guards. It was proposed by
an officer present that the Guards should take an oath
against permitting the slightest change in the Consti-
tution without the previous consent of the Cortes, and
that a petition to the QUEEN should be got up, pray-
ing her Majesty to dismiss Senhor PASSAS from
the Ministry. This resolution would have been car-
ried but for the firmness of the Ministers, who signified
to the meeting that if such a course were recommended,
they would retire at once with all their subordinates,
and leave the country to its fate. This declaration
cooled the ardour of the National Guards, especially
when the ringleaders found that more than two-thirds
of their body had openly espoused the side of the Go-
vernment. They, therefore, did the best thing they
could do under these circumstances—they affected to
be satisfied, and departed without coming to any hos-
tile determination.

LNGE YESTERDAY.
Leghorn _ 47_1‘

„ Genoa 25 95”
Milan 11
Venice 47
Naples 4O
Palermo per oz. 121
Lisbon 54
Oporto 54,4
Rio Janeiro 'l4
Bahia
Buenos Ayres
Dublin, 21 days' sight l%
Cork l%

PRICE OF BULLION, PER OZ,
Portugal Gold, coin £0 0 0
Foreign Gold, in bars 3 17 9
New Doubloons 0 0 0
New Dollars
Silver, bars, standard 0 0 0

PRICES OF IRISH STOCKS, DUBLIN, DECEMBER 1.
3 Per Cent. Consols 87% Grand Canal Deb.. 6 per cent. 88
Ditto Iteduceti — Ditto, 4 per cent 59%
314 per Cent. Stock 95% Harman Bank
Ditto New, 1830 96% City of Dublin Steam Co. llO
3',; per Cent. Debentures 89% National Insurance Co. —
Rank Stock 205 City Debentures; 4 per cent._ --
Royal Canal Stock Ballast Office Debentures, 4
Grand Canal Stock 27 !,4 ner cent

Arrived. Due.
0 America 0
0 Brazil 0
0 BuenosAyres 0
n Cartliagena 0
1 Dublin... ..... 0
0 Flanders 0

While the national guards, by their absurd jealou-
sies, are thus distracting the attention of the Govern-
ment in the capital, the spies and emissaries of Don
MIGUEL are hard at work in the provinces, sowing
the seeds of a Royalist insurrection. In the Alem-
tejo a spirit of disaffection is already visible among the
troops ; and the guerilla chief REMECHIDO, instead
of being hunted out of the kingdom, has actually so
increased his followers, as not to dread an engagement

MAILS.

Arrived. Due. Arrived. Due.
0 France 1 1 Lisbon 0
0 Cluern.&Jersey 0 0 Malta
1 Hamburg 0 0 Mexico 0
0 Holland
0 Jamaica 0 0 Sweden 0
0 Leeward Islands 0 . 1 Waterford 0

lIIGH WATER AT LONDON BRIDGE TO-MORROW.
Morning 4 minutes after 10. Evening 34 minutes after 10.

FOR SALE BY PUBLIC AUCTION,

At the Hamburg Coffeo House, Water-lane, Tower-street, on
THURSDAY Bth, and FRIDAY 9th December, at Twelve for One
o'clock precisely.
THE following WINES and SPIRITS, princi-
pally without reserve,. to REALIZE ADVANCES.
100 Butts, 52 Hhds. and 35 Quarter Casks Sherry ; 49 Pipes,
19 Mids., 4 Quarter Casks, and 8 Casks Port. Madeira, Cape,
Blarsala, Tent, &c., in Wood. 1,171 Dozens old bottled Port, 966
Dozens Sherry, 26 Cases Champagne. Bucellas, Lisbon, Hock,
Malmsey, &c., duty paid. 24 lllids. Brandy.
Particulars and Catalogues of SAMUEL LANCASTER,
Wine and Spirit Broker, 59, Mark-lane.

HAMBURGH, Nov. 15, 1836.
OUR Friends, and all those who may have to write
to us, arc requested to be particular in directing.
HEINE BROTHERS, in HAMBURGH,
and to observe, that a letter with oae inclosure doubles the Postage
only, but several inclosures would by far increase the same. Thus
101., 201., or 30/., for instance, if remitted in One Bank of Eng-
land Note would only cause double Postage, but 10/. remitted in
two notes, would be liable to a much higher charge. It is there-
fore most advisab;e, for any Person having to remit Money to Ham-
burg'', to forward the amount in One Note; or having to receive
Money from Hamburgh, to receive the same in One Note, when-
ever possible. Of coarse remittances from Hamburgh to England,
surpassing the usual amount of One Bank of England Note, may
rather he made in Bills of Exchange, on London.
To save expenses that may as well be avoided, we request our
Correspondents not to overlook these particulars.
HEINE BROTHERS.

The publication of TUE S'N NEWSPAPER commenced this dap
at 10 minutes past 77zree o' clock.

4,etr,
NC •
~,.;.,_

)1

LONDON,
SATURDAY EVENING, DECEMBER 3, 1836.

It will be seen by a proclamation in the Gazette of
last night, that Parliament is summoned to meet on
the 31st of January, :As stated in The S?ta of Wed-
nesday last.

The great meeting of the Reformers of West SO-
ITICrSetSII;.;t: lately held at Taunton, has created- no
small degree of alarm among the Tories of that dis-
tr;.ct,—an alarm which is rendered only the more evi-
dent by the great pains they take to conceal it. Like
bullies by profession—a class of persons with whom
the Tories may be said to be identical in character—
they " assume a virtue which they have not," and
labour hard to disguise their mortal fear of their anta-
gonists under the outward appearance of bluster and
braggadocio. The only species of courage with which
they are ever animated is that denominated Dutch—a
miserable substitute, it will be allowed, for the ge-
nuine English article, and no where, we should think
more in demand than among the well-drubbed dunder-
heads of the party in the western parts of the county
of Somerset.

with small detachments of the regular troops. On the
18th ult., a steam vessel approached the coast of Al-
garves, laden, as was supposed, with military stores,
and having either the Pretender, or some officer in his
confidence, on board. Before touching the coast she
was seen by a Portuguese schooner, the Captain of
which had been apprised by the Government of her in-
tended descent and object. He at once gave chace, but
night coming, the steamer escaped by reason of the
darkness. Nevertheless the event has caused a great
deal of uneasiness to the local Authorities, as well as
to the QUEEN'S Government. Nothing can give se-
curity to Portugal, but unanimous energy on the part
of the Constitutional Cortes.

As many of the CHANDos-clause voters as could
be got together by the usual means, which we need
not further describe, were packed into the dining room
of one of the inns in the small town of Ilminster, on
Thursday last, where they guzzled " till a late hour,"
and the trumpet has in due time been sounded that a
" great Conservative Meeting" there celebrated the
triumphs of Toryism in the West ! This tuck-out
differed in nothing from the other exhibitions which
the factions opponents of Government have been so
bur. in
getting up, for the purpose of giving a colour
of verisimilitude to their own cackling about " re-ac-
tion," excepting in one particular, which we think
worth mentioning. A few poor farmers who had for-
merly professed liberal principles, were on this occa-
sion dragged into the room by the orders of their mer-
ciless landlords, placed at a table by themselves, and
labelled in mockery " converts." These unfortunate
men sat with heavy hearts and woful countenances,
conscious of the degrading spectacle which they af-
forded, but unable to resist the oppression of which
they were the victims.
Three speeches were delivered in the course of the
evening, the first by the Hon. and Rev. W. T. T
a brother we believe of that exquisite "tribuneesthe
people
fotphlee
people," Lord ELLENBOROUGH) who does
the honour of consuming the fruit of their labours to the
tune of nine thousand pounds a year, without having
done, or doing, anything in return. This scion of the
Church vented the enmity against liberal principles
which is his by a double tie, both by descent and by
profession, in a very vulgar and common-place strain.
What amuses us most is the following passage,
which
we think is no bad answer to the cry of " the Church
in danger :"--(c It was presumptuous for one moment
to entertain the idea that the ark of GOD was really
in danger—much less liable to destruction ; but still
they must all feel that it was a most cheering and
grateful sight to see those who were nursed by her in
infancy and youth rallying around her, drawing a line
of wide defence around her."

THE FUNDS.-(THIS DAY.)

CITY, TWELVE O'CLOCK.

Our arrivals this morning arc the French and Hamburgh
mails, and ship-letters from Demerara, St. Helena, Bombay
16th July ; and the Lisbon mail, by the Ranger, sailed the
27th Nov.

We have received Charlestown Papers to the 6th Nov.
They state that " the wholesale business in dry goods, hard-
ware, and groceries, partially interrupted
.by the prevailing
epidemic, may now be considered as having fairly commenced,
as the health of the city is perfectly restored. The stock of
all descriptions of goods were never so extensive as at the pre-
sent time."

Exchange on England is looking up. In the north it re-
mains very scarce, and for Bills on New York, 20 days sight,
1 per cent. premium are demanded.
The Hamburgh nnil brings the prices—Metalliques, 1014 ;
-Three per Cents., 72.

The idea of defending that which is not in danger
is a bright one ; but it is nothing compared to the
comparison of old Mother Church to a nurse. If it
be the province of a nurse to suck her children—aye,
and not unfrequently the very heart's-blood of her
children, as Ireland
can too well bear witness—then
this novel appellation is in the highest degree ap-
plicable. But this is not all—she is not only an old
nurse, but the "fairest daughter of the reformation."

THE SUN, LONDON, SATURDAY, DECEMBER 3, 1836.

ante to the feelings of the party as well as the injury which
he had sustained. They would not fail to remember, that,
this attack was made in the broad daylight, at the house of
the plaintiff, where he was carrying on his business—where
he hoped to be in security and peace—that which he con-
sidered as his home, and in which he delighted, was invaded
and taken hostile possession of. They imprison the plain-
tiff and perpetrate this most outrageous attack. They had
begun it in malignity, and from them, in the commission of
the peace, they might have expected respect to the
laws. As magistrates, they were bound to repress
outrage—yet they would be proved to have been
the originators and instruments of the most cruel
barbarity. Instead of defending the laws, they are
found trampling upon the rights of the plaintiff, breaking into
1 his house to execute that which he would not call otherwise

.. ...
than a_ deed of disgusting ferocity. The third ruffian to
whom he had before alluded, told the witness whom the

the JuWwould have before them that his friends were only
asking for redress for injuries inflicted by the plaintiff
upon them. Certain it was that that man was the avowed
friend of the defent.lants, and he trusted the Jury would
take his conduct into consideration when they were consi-
dering of the damages. Even in the lowest rank of Eng-
lishmen, there was scarcely a man to be found who would
strike a man when he was down. There was no man of

education but knew that it was the noblest action to

spare a fallen foe. In this case it would be shown
that while the plaintiff was on the ground—while he
was at the feet of Mr. Grantley Berkeley—he struck
him without the smallest chance of retaliation. The
verdict of the Jury was of the greatest importance
to the plaintiff and to his numerous friends. He (Mr. E.)
hoped they would be ample, so that people might be
aware that they might obtain ample redress from the laws
of their country, otherwise every tradesman must take
means to protect themselves. He trusted the Jury would
show their sense of the defendant's conduct, of this
trampling on the laws by magistrates. The defendants
were members of a family which had very large pos-
sessions, and he was informed the defendants themselves
were wealthy ; so that the verdict would not hurt them,
while it marked the sense of the Jury of the gross out-

rage which had been committed. He then called
Samuel Brain, a builder of Upper Gloucester-place—
On the 3d of August last he was passing Mr. Fraser's
shop in Regent-street. it was between one and two
o'clock. He heard a person crying for help, and heavy
blows being struck. He looked into the shop•door, and
saw Mr. Fraser on the ground, and Mr. G. Berkeley
beating him about the head and shoulders with a whip.
The defendant was holding the plaintiff down by the col-

far with one hand and beating him with the other as vio-
lently as he could give them. He was a tall, powerful
man. • Mr. Fraser was a slight made man, of small stature,
and no match for Mr. Grantley Berkeley. There was a
man standing across the door. Witness exclaimed—" Good
God, the man will be killed ! let me in." On attempting
to get in, the man knocked him down. On getting up, he
succeeded in getting into the shop. Inside the door Mr. C.
Berkeley was stationed, and was saying, " Damn him,
Grantley, give it him well." When he got in Mr. F.
had got on his feet, and Mr. G. Berkeley was behind
him, holding him by the hair, and striking him over
the head and face, and he was bleeding very much
from the temple down. Witness saw Mr. Fraser
put up his hands to protect his eyes, and they were cut
open and bled with the blows. Witness asked how Mr. B.
dared to use a man in such a brutal -manner ? He did not
cease flogging, and witness seized him, and they had a
struggle. He thought they both fell, and Mr. F. escaped,
so far as he knew. The man who struck him down at the
door picked up witness's hat, which had fallen off in the
scuffle. He picked it up, and presented it to Mr. G. B.
Witness said, " That is my hat, and you are the blackguard
who struck me down." The man, in the hearing of Mr.
G. 8., said, " I will strike you again for interfering with
my friends when giving a d—d good horsewhipping to the
man in the shop." The Messrs. B. were given in charge
to the police, and they were taken to the station-house in
Vine-street. Witness asked the policeman to take the third
person into custody, and both the Messrs. B. said he was
an interfering scoundrel, and they would thrash him with the
whip. Witness followed the third man, who was making off, he
got off, as no policeman would take him, not having seen the
assault. He had seen the whip on the road to the station-
house—it was a very heavy riding-whip—the heaviest he
had ever seen, except in the hands of the Guards when
breaking in their horses. He heard from forty to fifty blows
before he got into the shop, and Mr. F. was crying out
help—mercy, and murder. When witness saw him, be was
very much hurt, and the blows he saw struck were given
with as much violence as Mr. G. B. possibly could. He
had never had any acquaintance with Mr. F. before.
Cross-examined by Mr. THESSISER-He knew there
was such a work as Frazer's Magazine, but he had never
read it. He was not one of the weakest of men, and
could push aside the arm of a very strong man under such
circumstances. He did not hear either of the defendants
charge Mr. Fraser as being a libeller of himself and mo-
ther. Nothing was said while the beating was going on
which gave him any reason for it. Had had no conversa-
tion with Mr. Fraser upon the subject of the cause of the
violence. Witness Lad nothing to do with it, and made no
inquiries about it. Mr. Craven Berkeley prevented per-
sons from earning into the shop, but he could not say whe-
ther he struck Mr. Fraser or not.
Matthew Richards—l am a shoemaker in Wells-street.
On the tld of August I was in Regent-street near the plain-
tiff's shop. I did not know the plaintiff, but I knew the
persons of the defendants. I heard a noise at the defen-
dant's shop, and approached the door. I saw Mr. Craven
Berkeley standing in the door, Mr. Grantley Berkeley was
in the centre of the shop, and Mr. FraSer lying on the
ground. Mr. Berkeley had hold of him by the back pert
of the neck or hair of his bead, and was beating him most
violently bath with the but and slash end of the whip. I
saw from eight to nine blows, and during all this time Mr.
Fraser was attempting to rise, but Mr. Berkeley would
not let him. I saw large bloody marks on the side of Mr.
Fraser's face. The whip was a very large one, such as
horseriders use. Fraser was calling out " help for God's
sake," and several persons were outside, one of whom at-
tempted to get in, and was struck violently on the breast and
pushed back. A person got in, and Mr. Fraser was standing
near his desk. Mr. G. Berkeley still continued horsewhipping
him. When the person got into the shop, Mr. Fraser made his
escape from Mr. G. Berkeley, but as soon as he reached
the door, he was violently struck back by Craven Berkeley,
and Mr. G. Berkeley again caught hold of him by the hair
of the head, dragged him into trio middle of the shop, and
again horsewhipped him most violently over the head and
face, Mr. Craven Berkeley cried out " D—n it, Grant-
ley, give it him—give it him well." Mr. Fraser at length
got out of the shop, and Grantley Berkeley followed him
into the street, exclaiming, " D—n you, I'll cut your d—d
head off," striking him violently over the head with the but
end of the whip. The two defendants are very powerful
men, and Mr. Fraser's strength was no more than a young
sucking- baby compared with them.
Cross-examined by MreCeownea—There was a crowd
collected in a few minutes round the shop. When witness
first saw Grantley Berkeley, the whip was under his left
arm, and he was striking Fraser with his right fist. I can't
swear who the person was that was struck on the breast.
Craven Berkeley struck the plaintiff with his fist on the
head only once, and that was after the person attempted to
get into the shop. I did not hear Grantley Berkeley charge
Mr. Fraser with having libelled him. I saw Mr Fraser
afterwards, but he did did not tell me what Mr. Berkeley
had horsewhipped him for.
By the CouRT—I saw one man at the door before I came
up ; he was lurking about the door, and struck a man who
attempted to get in.
John Davis—l am an oilman, residing near the Edgewarc-
road. I was coming up Regent street on the day in ques-
tion, and saw a crowd. round Mr. Fraser's door. Mr.
Grantley Berkeley, who was inside, had hold of Mr. Fraser,
who was coming out of the shop, and was striking him over
the head. Witness caught hold of the whip, and asked
Mr. Berkeley what he was doing ? Mr. Grantley Ber-
keley said, " Mr. Fraser had offended a lady, and he was
serving him out for it. I could not get the whip out of
his hand, but would not let it out until a policeman came up,
and was afraid I might get a blow myself, as he was in such
a passion, and appeared as if he did not care if he killed
the man. I only held the whip half a moment, when a
policeman came up.
Cross-examined by Mr. THESSIGIR—I said he should
not take the law into his own hands, as there were other
means without using that violence. I did not go to the
station-house, the policeman having told me there were
plenty of witnesses without me.
Mary Lane—l am servant to Mr. Fraser, and recollect
the day he was beaten. I saw him after it occurred, between
two and three o'clock.He appeared very unwell ; his
face, head, and hands were all marked. He bad a convul-
sive fit immediately after he came home, and about an hour
afterwards he had another fit. He appeared to suffer much
pain, and was confined to his bed till Sunday, and even then
was very unfit to come town. He is by no means well
now. He went to France in about three weeks or a month,
and was absent perhaps a fortnight.
Cross-examined by Mr. CROWDER.—The doctor - came
after Mr. Fraser had the first fit. I think it was the last
day of August that Mr.' Fraser went to France. Mr.
Fraser went out of town in a week or ten days after the as-
sault. He was ordered to leave town by his medical at-
tendant. Mr. Fraser was not able to go into the shop
on the following Monday ; he was very much disfigured,
and the marks and cuts were visible for a month afterwards.
Re-examined.--After being a week in the country, he
returned to town, and was then ordered to go to France.
Mr. THESSIGER then addressed the Jury for the defen-
dants. He was perfectly astonished at the sudden termi-
nation of his Learned Friend's case, after the most minute

~,

the history of his house. Why, may we ask him, is his eldest
brother pitehforked into the House of Lords by the til
tle of
Lord Segrave ? Why does he not sit there as Ear

details of the sufferings of the plaintiff, which had been ex-
posed by him, and the necessity that existed for medical
treatment for a considerable period of time. His Learned
Friend had now left his case, so far as the extent of the in-
jury went, merely upon the evidence of the servant-girl who
had been examined before them. Did it not appear to them
now, that his Learned Friend, in his very powerful address,
had considerably overcharged his statement ? Even the
witnesses called did not reach the point to which he had
carried the Jury, and he thought they would be of opinion
with him, that if a little more candour, and a little
more honesty had been exercised in a case which his
Learned Friend had described as a most important one, it
would have been more fair towards those who were to be
the judges on the present occasion. If it had not been for
the evidence of the oilman, the Jury would really have had
no information at all as to anything like provocation to in-
duce the violence complained of, and they would have to
believe, and on that belief they would have acted, that
the two Messrs. Berkeley went to the shop of Mr. Fraser
before that time, a perfect stranger to them, no circum-
stance having occurred that would justify any irritation in
the minds of those gentlemen, but that they malignantly
and deliberately went into his shop for the purpose
of inflicting personal chastisement on that stranger for
no conceivable offence that he had committed. Now,
that was really the way the case was put by Mr.
Fraser, who was seeking to recover large damages for the
injury inflicted upon him. He (Mr. Thessiger) would
say that it would have been but justice to the jury and
the public, to whom his learned friend in the course of his
address had appealed, if Mr. Fraser or his instructors had
been a little more communicative on the subject of what.
had occurred in the shop at the time of the assault ; and if
the dexterity of his learned friend had not been so embarked
in the cause as to give a colour to it, to prevent the jury
giving a correct judgment. His learned friend had almost
taunted him to shew what occurred in the shop at the
time the offence was committed. He challenged him
to shew what bad passed before the Magistrates, but
he (Mr. Thessiger) might retort upon him. It was
Mr. Fraser's case—he was seeking reparation in &-
masses for an unprovoked injury, and if he was not appre-
hensive of anything turning out in that statement to lower
the tone of his case, Mr. Fraser might have called the Ma-
gistrate before whom the inquiry had taken place, and
might have given in evidence what had occurred there be-
fore the defendants. But here was the extraordinary pre-
dicament in which he placed the defendants. They were
to give an account of what took place before the Magis-
trates, and they were to give, as part of their case, the
statements that had been made there. One would have
thought it more natural that the plaintiff should have given
that evidence if he thought it important, and it was rather
preposterous indeed to call upon the defendant to explain
those circumstances. He did not complain of the plaintiff
having made Mr. Craven Berkeley a defendant as well as
his brother. It was quite cloarjthat the evidence fixed them
both. But he did complain that his Learned Friend, hav-
ing the means in his power, had prevented the truth from
breaking in upon the jury, and had attempted to pre-
vent the gross end violent provocation which led to the
violence upon Mr. Fraser from being made known to
them. It was important that the jury should contrast the
evidence given with the powerful and eloquent statement
of the wrongs of Mr. Fraser, because it did appear to him
that a more exaggerated detail of alleged outrage was never
presented to a jury. His Learned Friend was bound to
give the evidence of the medical witnesses by whom the
plaintiff had been attended, in order to show not merely
the immediate consequences of the assault, but also the
remote consequences existing even at the present moment,
and undermining his health. They had undoubtedly an
account of a very severe assault committed by the defen-
dants on Mr. Fraser ; and they had not cross-examined
with any anxiety the witnesses upon that subject—they had
almost conceded to his Learned Friend that the assault was
committed, and he must have known that that was not the
struggle between them to-day. From the first to the
last the defendants admitted they had committed the
assault, but from the first to the last they had asserted that
they committed it under strong provocation, which, to a
considerable degree, justified the conduct they had pur-
sued. It would be, therefore, his duty now to explain
the circumstances which had been hid from them by his
Learned Friend, and to inform them what had induced the
Messrs. Berkeley to go to the house of an entire stranger,
and conduct themselves in the manner detailed by the wit-
nesses; and he trusted in the result to satisfy them that, how-
ever violent their conduct was, however serious the conse-
quences to Mr. Fraser, the provocation they received,
emanating from Mr. Fraser himself, would at least
form such an extenuation of their conduct, as that the
jury would be induced to give the smallest damages
that could possibly be awarded in cases of that de-
scription. They had heard that Mr. Fraser was the
publisher of a Magazine which went by his name, and
which had a considerable circulation ; and his Learned
Friend, anticipating what the course to be pursued by the
defendant's Counsel was, had ingeniously .endeavoured to
obviate the effect of such evidence, by exonerating Mr.
Fraser from any responsibility in the article which led to
the assault, making him a most innocent party. His
Learned Friend, as a lawyer, was bound to admit that
the publisher was liable for the legal consequences of
every thing he published. He (Mr. T.) would advance
his proposition a step further, and say that a publisher,
placed as Mr. Fraser was, incurred also a moral respon-
sibility, because the publishers of Magazines and Reviews
were distinguished from the editors of Newspapers in this
way ; he was a person who had a considerable degree of
discretion as to the articles to be introduced into his pe-
riodicals ; he had various contributions before him, and
made his selection ; lie was never called on in a moment
of haste—in order to fill up a portion of a column like the
editor of a newspaper—to publish anything on the spur of
the occasion. The periodical being published at distant
intervals of time there was abundant opportunity for com-
paring and selecting the articles, and it was his bounden duty,
as the editor of such a work, to take care that, in the dis-
cretion he exercised, he should select only such articles
as should not justify any irritated feelings in consequence of
personal and scurrilous attacks upon individuals. The
difference between the author and the editor of a work
of that sort was, that the author might be instigated
by motives of malignity, the editor had no malignant
feeling in his mind, but he also had his motives, and—
who could justify them ?—ho had the sordid views of
interest. He had to select articles of that description
that might recommend his publication, and pander to
the depraved taste of the public for scurrility and abuse.
He had his own choice of the articles, and if he failed to
exercise care and caution, ho (Mr. T.) had no hesitation in
declaring his decided conviction that he was answerable for
all the consequences of that foul calumny which he per-
mitted to be introduced into his work. (The learned Counsel
was here about to read the article which led to the assault, but
this was objected to by Mr. Erle, and after a lengthened discus-
sion the Learned Judge overruled it, taking a note of the objec-
tion.) Well, his Learned Friend was about to make the
office of a jury a complete sinecure. They were to be de-
livered, bound hand and foot, to the plaintiff's witnesses,
and " listen to the voice of the charmer," and decide in the
dark upon the extent of the injury inflicted on the plaintiff.
Their functions would be a mere farce if they were not
allowed to exercise their judgment on the whole matter.
He (Mr. T.) could not see why his Learned Friend
desired to keep away all the circumstances which had
led to the assault. Rivetting their attention on
the extent of the injury which Mr. Fraser had re-
ceived, and completely keeping away all the circumstances
it would be now his duty to introduce to them. It would
appear that before the month of August last Mr. G. B.
became an author, and published a book entitled " Berkeley
Castle." Upon that subject certain propositions had been
introduced, and upon which he was ready to meet his
Learned Friend. No doubt when any person enters the
field of literature, he sets himself up as a mark for
the judgment of other men, and becomes in a mea-
sure public property. His work and his character
as a writer are matters which he must submit to have en-
quired into as the inevitable consequences of the ambition
of an author. He cannot complain, therefore, if even se-
vere, illiberal, and unjust criticisms should be pronounced ;
the only Court he could appeal to is the judgment of the
public, and they will either sanction or condemn that opi-
nion. So far, therefore, he agreed with his Learned Friend,
that when Mr. G. B. entered the arena of literature, he was
there like a gladiator, and must submit to the public judg-
ment upon the contest between him and the public, and from
that judgment there was no appeal. It was quite immaterial
what were the merits or demerits of Mr. Berkeley's work.
If his Learned Friend could satisfy them that the article
assailed Mr. Berkeley solely in his character as an author,
that it did not follow him into domestic life, and did not re-
vile and calumniate his family, he (Mr. T.) admitted there
was no extenuation for his conduct. The jury should de-
cide for themselves whether the article in question was of a
nature to offer no excuse to the defendant, or whe-
ther it was not the most false, the most scan-
dalous, and the most malignant libel that ever
came out of a licentious Press. The article was published
in " Fraser's Magazine" of the Ist of August, and fell into
the hands of Mr. G. Berkeley on the 3d, and was called
" Mr. Grantley Berkeley and his Novel." He would not
read the whole article to them, but only a few extracts ;
and he would ask them whether, smarting under such pro-
vocation, if he was not justified, was he not considerably
excused—and if the plaintiff had not, by introducing
cles of that description into his Magazine, brought upon
himself all the consequences that had occurred ? The
paragraph was this :—" Here is Berkeley Castle lying on
the table before us."
" But in the present case how absolutely
disgusting is the
conduct of Mr. Grantley Berkeley. He should have been
among the last people in the world to call public attention to

Berkeley ?"
What right had the publisher thus to torture the brother
of Mr. Berkeley ? Was it not the most cold-blooded and
deliberate torture, like that of the Indian who had his
victim at the stake, searching, with refinement of cruelty,
where he might inflict the keenest torture ? Whoever
wrote the article must have known the sort of chivalrous
feeling that had induced Lord Segrave to abstain from as-
suming that title, and he must have known the whole family
would have been goaded to madness by a paragraph of that
nature ; and, he would ask them, was it possible for human
nature to refrain, when so malignant and gratuitous an ar-
ticle and a libel were published, tending to provoke the very
breach of the peace that was now complained of. The

article proceeded :
altr
" We are far from being desirous to insult, as the py
author of this hook does, the character of woman ; but when
matters arc recorded in solemn judgment, there car. be no in-
delicacy in stating that Mr. Grantley Berkeley's mother lived
with his father as his mistress, and that she had at least one
child before she could induce the old and very stupid Lord to

marry her."
Even if the article stopped there, it would be sufficient
provocation for the injury that had that day been com-
plained of ; but that was not half the matter. It proceeded,
" It is idle to break such a cockroach as this upon tho
wheel." Mr. Berkeley did not complain of that. They alight
consider him contemptible and call him cockroach or butter
fly, but the context would show what the intention of the party
was. The Counsel then proceeded to read another para-
graph, in which the defendant was charged with heir], ready
to lie and pimp if commanded by his superiors, andw
seeded :—Here was a gentleman, a magistrate, as his
Learned Friend had stated, holding not merely his Majesty's
commission of the peace, but also a commission in the
army—a profession peculiarly sensible to any attacks upon
honour—who was charged clearly and distinctly
by this
foul libeller with being quite ready to be a liar, sn,
to pimp if commanded, or if any advantage could
be obtained by it. Could they conceive a more disgrace
fully degrading observation, not against his character as an
author, but as a man and a gentleman ? Not only was
his mother assailed in the most unjustifiable way, but be
was himself stigmatised as a liar and as a pimp.
would new advance a step further, and show that, in no
very measured terms, they charged him with being a coward'
for they described him as a person who would insult a ladywhen she only was present ; but if a gentleman made lus
appearance, that he would submit to the indignity of be'
kicked out. The article, after adverting to the dedication
to the Countess of Euston, cousin to Mr. Grantley I3erke-
ley, a lady against whom the breath of calumny had never
dared to whisper the slightest word, proceeded—" Dare tb°
man, in writing to the Countess of Euston—
" But does the man, in writing to the Countess of Eusteu;
that she is one whom he bath ever regarded with affection,
mean to insinuate that he was ever placed in a position to be
able to use, without the most absurd impertinence, the follow-
ing quotations from his work."
The article then culls from the three volumes of the
work expressions describing the manners of the fifteenth
century, which it places immediately afterwards, so as t°
lead one to suppose they were addressed to the Countess
of Euston, as follows :
" That his undisguised friendship trembled on the brink Of
love'—and that taking advantage of certain situations is not
in human nature to forego.' It is a downright affront. The/
call Lord Euston the thin picce of Parliament ! Could ho
not borrow a horsewhip ? We assure him he might exercise
it with perfect security."
What situation did the plaintiff now stand in? Here was
3
man stigmatised in the most degrading manner, by
coward who would not put forth his strength against
the most diminutive person in existence, and a horse'
it
whip was recommended to be used against him as
might be with the most perfect impunity, and yet that verl,
person comes now into Court to ask for damages against thau
individual, forhaving followed his advice, and used the horse'
whip on himself? Was there ever such an impudent at
tempt made in a Court of Justice ? After an 8131)e`."
of that sort which might induce Lord Euston to belts l
there was something which cast that stigma upon hiin, an
which might have led not to the use of a horsewhip, but t°
more serious consequences that were probably in the cooteni"
plation of the writer, the hired and anonymous writer, if there
be such, after heaping insult upon insult, and calumny all`r
calumny—after recommending violence, had he now the
impudence to present himself before a jury of his country'
and demand most extravagant and exorbitant compensa-
tion ? On casting his eye to another passage of the Mal:
ac
eine, he found an allusion made to some violence vvhie
had been offered by a celebrated tragedian to an tor;
under circumetances, as the Jury would recollect, of n°
half the provocation of the present case. Mr, Fr sr
,e,
observed that although on reflection Mr. Macready raign
regret he had been deprived of his self-mastery, he trusted
Drama
the result had produced an effect upon the
which might yet continue its salutary operation. Ili'
Mr. Thessiger, would say in the present case, al:t
though, on reflection, Mr. Grantley Berkeley might regre:
he had been deprived of his self-mastery, he trusteo,
the result would produce an influence on the fortunes et
the Press which might yet continue its salutary operatioa•
—(Much laughter.) Although it was by no means th°
duty of the humblest minister of justice to countenance
any degree of personal violence, yet he (Mr. Thessigeg
could not help thinking, that if the salutary terror ect
immediate personal chastisement hung over the hear,"
libellers of the Press, they would have less scurrility, wit'
more careful attention to their own duties and the rights
individuals. Those persons care little for the tardy ve,fy
geance of the laws. What compensation was it for the '0;
jured individual to be told to wait for the trial, and all°,
his injuries to be gilded with damages. The injured Part;
too often shrunk from bringing his private affairs befell'
the public, but if the libelers felt that immediate punisl:t
went would follow, how many of the disgusting libels tb
new degrade the Press would be excluded from light?
such cases the law would look at all the cireuln:
stances, and make allowances for the infirmity of litunro
naturc—it would look at the provocation and
conduct of the person seeking compensation for the
injury, and it would ask if he himself had been t to
occasion of that injury of which he now chose r
complain ? He admitted that the injury to Mr. Frnsfey
was a serious one, that he had received severe sumilin.,
chastisement, that the marks remained for six weeks 917°00
him, stamping him as a punished libeller ; he admitted
that, and yct Mr. Fraser now chose to appear, beforea..
Jury of gentlemen to receive compensation at their hall bs,
His Learned Friend had said that that libel was the 0.t.110
jest of another action, but nothing was ever more irregwto
than that observation. That had nothing at ell,hav
do with the present case. The law had held that
a libel was a criminal action, because it led to bfeae-,,-0
of the peace—the law had defined, that the 01;"
who punished a libeller was a criminal, because it led
net,
sarily to the offence of which Mr. Fraser now comp ht
It was true that Mr. Grantley Berkeley had brought .'l,O
action for the libel, but he would have been content to
left the account where it stood, before Mr. Fraser had breuigo•s
his action. On the one hand there was a gross scanda°pot
libel ; on the other there was severe summary punishtr4i-er
—there was the reckoning—there was no balance eurre't,-ere
side—there it was," errors excepted."—(Laughter.)
it would have lain if Mr. Fraser had not opened a Iter,
account in the jury books—and Mr. Grantley
keley was entitled to come to the other side, and seek
dit for the libel.
Lord ABINGER—I think the accounts should be taken
the same accountants.—(A. laugh.)
IsLions"` Mr.Tnessmea only wished that the two gutting
could have been consolidated, and that the jury Pother,
the libel in one scale and the assault in the
were to ascertain if a farthing would turn it. unlic
tunately, however, the rules of law prohibited . ,
would now with the most entire confidence refer the it
wly,
matter to them. His Learned Friend, in his reply,
would endeavour to fix their attention again Po
the serious injury which Mr. Fraser had received, an,oo
might be that Mr. Berkeley had been carried bea)blc,
his original intentions ; but who could be answetike
or who could contain himself in such a case ?
lefastni;
where one would the plaintiff could not be p
The Jury had now in some degree the other side °I this
account. His Learned Friend had observed that,n
sir-
cu a most important case for Mr. Fraser, and persons l_se to
cumstances like him. It was also a most important 00_ his
those likely to be affected and calumniated by person
bse t_on,
description, if they found their wrongs would not e c_ith
sidered by a Jury, and he would leave the cas w
entire confidence in their hands.
solicit°r4
Charles F. Cundy, clerk to the defendants u
..st,
proved the purchase of " Fraser's Magazine for
at the plaintiff's shop on the 4th August, the day after
assault.
fter tho
read, on the ground that it was a publication a
assault.
Mr. KELLY, for the plaintiff, objected to the artido being
Objection overruled.
Mr. Moves, printer of Fraser's Magazlne,
the last day
the Monthly Numbers were generally ready
for pub'
of the previous month—that for August was ready
lication the last day of July. lir Vie
in Fraser's .eetiga
The publication of the alliged libel
was proved, and the libel read. man
ly•Whenever a
Mr. ERLE then proceeded to rel.) •
h he beeatne
brought himself before the public as an Tit or
.1 Liss the
a right to Lase
public property, and a reviewer had
t what was none
merits of the author's work---to poinnt,o(hown
what was L".d.'
• deposed that
tious in point of morality, and to,ebdri e I
herever a reviewer
t at w r je,
by Lord Ellenborough, was,
ted to be a re.►
one
written upon a work which purpo
rogant in point of assume
founded
er were
and where the remarks of the review
the law, as cstablishheas

the work, the reviewer was fully justified in stating to the
public what his opinions of the work were ; and what the
reviewer wrote was written bona fide. He (the reviewer)
had a right to make any criticism he pleased—any stric-
tures, however severe—any ridicule, however pungent.
Re admitted that the strictures upon the work of Mr.
33erkeley were in some degree severe, and the ridicule in some
degree pungent ; but he contended that the reviewer had
in no instance outstripped the boundaries of fair and legiti-
mate criticism. The severity of the criticism was to be
measured by the contents of the work criticised, and
what the contents of the work in question were he would
shortly state to the Jury. The Learned Counsel then re-
ferred to several passages of the work of Mr. Berkeley. He
referred to the reviews upon Lord Byron's Childe Harold,
Gaiour, and other works, to show that the personal character
of the author frequently formed a part of a review without
complaint. The Learned Gentleman then proceeded to draw
a distinction between eav author of the review and the plain-
tiff, and asked whetbe.r there was any man there who would
have his indignaticyn excited against what he would call
the mechanical diF,seminator of the alleged libel, if he
could get at th e real author, the person who alone
could be guilty oaf intentional insult, and one who, being of
the party's awn, rank, might be made personally responsible
-to the laws of honour ? Would not any man he had the
honour to address rather go against the real author, than go
and half murder the mere mechanical agent? He denied
that there was any wish to conceal the name of the real
author, if it had been properly applied for. At all
events, the real author of the Review complained
of was now well known. There was nothing to prove
that Mr. Fraser knew anything of the alleged libel till
after the publication of the Magazine, and yet it was
upon Mr. Fraser that Mr. Berkeley thought to wreak
his vengeance. Would the Jury suffer an innocent
tradesman to be thus savagely assaulted ? He trusted
that they would take into consideration the whole
bearings of the case, and then it was for them
to say whether the annoyance felt by Mr. Berkeley
at a review of his work was to be made a set-off to the
grievous bodily injury which Mr. Fraser received from
Mr. Berkeley ? The Learned Gentleman then described the
assault committed on Mr. Fraser by Mr. G. Berkeley. Every
man must repudiate the deliberate cruelty with which this
assault was carried into execution. His client was clearly
entitled to full compensation, if, indeed, the highest da-
mages could compensate him for the injuries he had
sustained.

The LORD CHIEF BARON proceded to sum up the case
to the Jury.
At the conclusion of the summing up his LORDSHIP told
the jury that they must find a verdict for the plaintiff, and
the only question for them to consider was the amount of
damages.
The Jury consulted a few minutes in the box., and ulti-
mately retired. On their return they found a verdict for
the plaintiff—Damages, 1001.

CENTRAL CRIMINAL COURT.
(THIS DAY.)

OLD. COURT.
(Before Lord DENMAN and Mr. Justice VAUGHAN.)
James Holmes, Thomas Woodford, and Joseph O'Don-
nell were indicted for assaulting Mary Anne Gardiner on
the Bth of November, and stealing from her a cloak and
some other articles.

On the day named in the indictment the prisoners, who
are mere bo.ys, met the prosecutrix in Vincent-square, in the
Borough, apparently in a state of intoxication. Holmes
placed himself on the pavement before her, and Woodford
pushed her over him. Holmes then untied her cloak, and
took it away from her person, while Woodford remained
behind to pick her pocket. O'Donnell was in company
with the other prisoners, as was also the principal witness of
the robbery. The cloak was subsequently sold to an old
fishwoman for six pence, which was divided between them,
and information being given to a policeman the prisoners
were apprehended.
The Jury, not deeming the evidence satisfactory, acquitted
all the prisoners.
John Twaite was indicted for a malicious assault on his
own child, with intent to do him grievous bodily harm.
It appeared in evidence, that on the 9th of November
the prisoner sent by his son, a lad about ten years of age,
six shillings to a we man who took care of his house, No. 5,
Digby-place, Bethnal-green. The boy lost a shilling on his
way home, and w,aen the prisoner returned in the evening,
he was made acquainted with the circumstance - where-
upon he inhumanly assaulted the prosecutor, striking him
several severe, blows, with a heavy broom, on the head
and body, wiaiell caused two severe wounds, from which
the surgeon dreaded a concussion of the brain.
The prisoner, in his defence, stated that at the time of
the assault he was much intoxicated, and had no recol-
lection of the occurrence.—He was found Guilty.
John Thomson was indicted for burglariously entering
the dwelling-house of Jane Adams, on the night of the
21st of November, with intent to steal therein ; and for
stealing therefrom several articles of wearing apparel and
bed covering.
The prosecutrix resides, in George-street, St. Giles's
Parish, and on the night named in the indictment her house
was fastened on the inside, and the articles were safe in a
boom Her daughter, Elizabeth Adams, subsequently ob-
served the window-glass broken and the property stolen.
The prisoner was immediately apprehended on the parapet
of -the adjoining house with the property in bis possession.
He was found Guilty.

Jo/zn IVebster was indicted for an assault on the person
a Joseph Smith, thereby putting him in bodily fear ; and
for stealing some money, a razor, and other articles, on the
17th of October last. _

The prosecutor, who resides iu Hertfordshire, was on his
return home from London in the month of Octobearlaesiti:
and called at the Duke of York public-house, Hnw
where he asked to be accommodated with a bed ; but his
request could not be complied with. The prisoner and
another man, since convicted as an accomplice in the rob-
bery, were then present, and said if Smith would accompany
them, they would procure for him, what he required, as
they were going the same way. He assented, and was
taken across a field, when, on coming close to a haystack,
two other men joined the party. He was thrown down
on his back ; his pockets rifled of all the money in his
Possession ; a shirt, a razor, two knives, four handker-
chiefs, and other articles, taken from him. His great-
coat and boots were attrAnpted to be dragged off, and a
threat held out, that if the prosecutor moved before mor-
Iling, the party woul‘,l return and murder him.
Upon Smith's ,zress-examination, and in reply to ques-
tions
from Air. Justice VAUGHAN, he gave very unsatis-
factory r.nd contradictory evidence as to the identity of
the Pri'..ioner.
Tb.e Jury, under the direction of the Court, found a ver-
dict of Not Guilty.

On the opening NEW COURT.
of the Court this morning three pri-
soners, among others, named Co.ron, Stubbing, and Sarle,
Were brought up to plead, when Mr. Chadwick Jones, the
Barrister on their behalf, challenged the whole panel of
Jurors as their names were called seriatim. In conse-
quence of this extraordinary proceeding, the Common-
Sergeant and Recorder conferred together, after which the
Jurors retired from the box. The Recorder at length said
to them- " Gentlemen, you will please to go into the other
Court, for perhaps you will meet with no objection to your
services there." No reason was assigned why the Jurors
Were then challenged.

A few days ago the Greenwich man-of-war, 74
guns, formerly the Rodney, was brought up the river from
Deptford to Mr. Sedger's yard at Rotherhithe, to be broken
119, baying been purchased by that gentleman at the last
admiralty sale. The harbour-master and a party of the
Thames police cleared the way for the ship, which, notwith-
tanding every, precaution adopted by Mr. Sedger, jun., and
43thers, did some damage to a few colliers, and knocked off
The bowsprit of one vessel and carried away part of her
stern. One tier of colliers slipped their cables and got
away in time to prevent mischief. The colliers are daily
Meeting with so much damage in the Pool, that the masters
(111 d owners of those vessels are looking forward with much
anxiety to the execution of the proposed new collier docks
at Rotherhithe, near the Grand Surrey Canal.
The Sherborne Journal thus describes the effects of
the late hurricane :—" It was, in fact, a fancy ball given to
the chimney-pots, with Boreas playing the bugle."
LIVERPOOL COTTON-MARKET, DEC. I.—There
taallot any change in the Cotton Market to-day. Sales, 2,000
as, and prices steady.
NEW UNIVERSITY OF LONDON.--The charter
4°l' the new University of London received the Royal sig-
tflature about a month ago. This new establishment .is
icllned for conducting examinations, for crranting degrees,
law and medicine, and kn. defining and regulating prac-
Le in the different branches of these professions.
The Reformers of Evesham and Pershore districts
'e a grand dinner on Tuesday last to their Liberal
The arts have lost one of their oldest and brightest
ornaments : Carle Vernet, the father of the no less cele-
brated Horace Vernet, died at balf.past 9 o'clock yester-
P morning of an inflammation of the chest., at his resi-
m,ellee, No. 58, Rue St. Lazare, in the 80th year of his
'lr. Only two days previous to his death he was pro-
li,(3ted to the rank of officer of the Legion of Honour. He
:8 created a Knight of the Legion 80 years ago, when
th received the cross from the Emperor for his painting of
of ° 4 Departure of the Marshals on the day of the battle
Austerlitz."—Paris Paper.
GALE.—The late gales appear, from all the
bee tints we have seen in the pr'vinclal papers, to have
11._" general throughout the country. The devastation
'la been great, and the disasters numerous.

MAGAZINES-CONTINUED.

FRASER'S MAGAZINE.

From the circumstance of some of the Periodicals
reaching us at a late hour, we were unable to notice
them yesterday—so return to the charge to-day. And,
first, let us say a few words of Fraser, for next to Black-
wood's, his is the best Magazine of the day. Father
Prout continues his translations of the " Songs of
Horace," and displays his usual quaint, out-of-the-way
erudition. The introductory remarks are supplied by
Oliver Yorke, who, in a passing allusion to American
matters, takes the opportunity of paying a just compli-
ment to Mr. Forrest, the tragedian. "We are glad,"
quoth Oliver, " to be able to place on record our un-
feigned and cordial admiration of Edwin Forrest, whom
night after night we have seen tread our stage after a
fashion which none but the disingenuous can hesitate
to admire and epplaud." In the gossiping paper hight
" Oliver Yorke at Paris," we have an agreeable dia.
logue between the Editor and Chateaubriand. The
former, however, takes special care to have all the talk
to himself, and certainly talks with much good sense and
feeling on the subject of " Young's Night Thoughts."
We quote an anecdote, highly characteristic of the poet,
who was doatingly fond of making points, whether in
his satires, or in his more serious productions :
" Yount, did not carry into life the melancholy of his
poetry. Young
Boswell observed to the poet's son that he
had heard of the cheerfulness of his father, Sir,' he said,
he was too well-bred a man not to be cheerful in com-
pany, but he was gloomy when alone : he never was cheer-
ful after my mother's death, and he had met with many dis-
appointments.' In happier days he was the delight of every
society in which he mingled. Of his conversational powers
we possess, unfortunately, very few specimens ; but every
fragment is precious. To Boswell we are indebted for the
following The late Mr. James Ralph,' he says, told
Lord Macartney that he once passed an evening at the
house of Lord Melcomb, then Mr. Doddington, at Ham-
mersmith. The doctor happening to go out into the gar-
den, Mr. Doddington observed to him, on his return, that
it was a dreadful night, there being a violent storm of rain
and wind at the time. sir,' said Young, it is a very
fine night—the Lord is abroad!""

" The Radicals, the Dissenters, and the Papists" is
a violent political diatribe, overflowing with gall and
bitterness. The spirit of disappointment breathes in
every line—points every sneer. In Sir Egerton
Brvdges's " Letter to Oliver Yorke" occur some dis-
paraging criticisms on Pope and Johnson, which we
regret to see. Why should the Twickenham satirist,
whose closing lines in the Dunciad reach the highest
point of the moral sublime, be Condemned, because he
had not the fancy of Spenser ? He had quite enough
for his purposes, as he has shown in the " Rape of
the Lock," which, as an effort of sparkling, playful
fancy, has nowhere its equal. Again, why is Johnson to
be blamed for deficiency of imagination, because he pre-
fered speculating on human character and human motives
—the noblest objects of all speculation—in his study at
Bolt-court, to gathering daffodills on Primrose-hill ;
falling into extacies at the sight of a lambkin nibbling
" the short sweet grasses " in the " sunny greenery " of
the meadows near Kilburn turnpike ; sticking a posey
in his button-hole; or peeping into the oesophagus of a
butter-cup, in order to discover therein materials for the
loftiest philosophical meditation ? Johnson was by
no means a less able writer, because he preferred a
stroll down Fleet-street,. to one on the banks of the
Regent's Canal, when the "yellow sunset" is lighting
up the picturesque faces of the bargemen. He wrote
" Rasselas," and talked at the " Club ;" and this, to
our thinking, is far better than " babbling about green
fields." The " Great MetrOpolis "is a terribly severe
notice of a late popular publication under this title.
The following is an amusing extract :
" He (the author of the " Great Metropolis") quotes the
lines of the poetical conveyancer who fancied his neighbour's
goods ; and he quotes them wrong, as thus : •
" He who prigs wot's not his own
Is sure to come to a prizzon.'
" Now the conveyancer's lines were much superior to the
above, viz. :
" Him as prigs vet isn't his'n
- Ven his cotched must cum to prison.' "

We do not wonder at the Reviewer's generous zeal
to do justice to this immortal distich ; but we must tell
him that he also misquotes it. The last line should
run thus :—" Yen he's cotched will goe to prison,"--
a pathetic truism which was exemplified in the young
poet's own case ; for owing to the mental abstraction
inseparable from exalted genius, he mistook a Strand
Peripatetic's handkerchief for his own, and was in con..
sequence, committed to Bridewell, on whose honoured
walls he scrawled the above couplet, as was duly noticed
in the police reports of the day. Perhaps we have said
too much on this subject ; but genius is genius, and
deserves all possible laudation ; besides, when did it
ever before fall to the lot of the author of but two lines
to have three commentators ? For ourselves, we prefer
the above couplet to all the pastorals that were ever
penned—always excepting that splendid one whose
first unequalled lines run thus—
" How beautiful the country do appear
At this time of the year."
There is a polish—a compactness—a Doric breath
of dialect about our youthful conveyancer's couplet—
to say nothing of the fine moral sentiment conveyed in
it—that shows us, of what poetry, in right hands,
is capable. And yet this fine genius was flogged at
the cart's tail I From the criticism on Mr. Ainswolth's
" Crichton" we quote the following :
" Thirty points of perfection each judge understands,
The standard of feminine beauty demands.
Three white :—and, without further prelude, we know
That the skin, hands, and teeth, should be pearly as snow.
Three black :—and our standard departure forbids
From dark eyes, darksome tresses, and darkly-fringed lids.
Three red :—and the lover of comeliness seeks
For the hue of the rose in the lips, nails, and checks.
Three long :—and of this you, no doubt, are aware P •
Long the body should be, long the hands, long the hair.
Three short :—and herein nicest beauty appears—
Feet short as a fairy's, short teeth, and short ears.
Three large ;—and remember, this rule, as to size,
Embraces the shoulders, the forehead, the eyes.
Three narrow :—a maxim to every man's taste—
Circumference small in mouth, ancle, and waist.
Three round :—and in this I see infinite charms—
Rounded fulness apparent in leg, hip, and arms.
Threefine :—and can aught the enchantment eclipse,
Of fine tapering fingers, fine tresses, fine lips ?
Three small :—and my thirty essentials are told—
Small bead, nose, and bosom compact in its mould.
Now, the dame who comprises attractions like these,
Will need not the cestus of Venus to please :
While he who has met with an union so rare,
Has had better luck than has fallen to my share."