The Sun.
London, England, 1823-01-08 00:00:00

[MORNING HERALD.]

The state of politics at Paris seems to be one
of stagnation—and, judging by the Funds, of
stagnation at low water. After what has re.
cently occurred, it is difficult to account for the
distrust of the public mind. Equivocating as the
conduct of the Minister is in appearance, yet to
ell reasonable and reflecting persons, not blinded
by passion or disturbed in their judgments,
by having great interests at stake, it should
exhibit a confidently probable prospect of
peace. Among the contingencies to which his
policy and his power are subject, is the opinion
of the Chamber of Deputies; and this, no doubt,
enters into the speculation of the people at Paris.
Are we to suppose that they apprehend that the
opinion of the approaching Chamber will be for war?
Without pretending to any accurate knowledge
of the elements which compose the Chamber in
the approaching Session, particularly since the
late renovation of a fifth part, we should still
venture to pronounce this most unlikely. We
have frequently seen the statistic of the Chamber
given by individual namesand designation of party
in the French Journals; and we have remarked the
average numbers on divisions daring the late Ses.
sions. NVith this knowledge, it appears to us mo.
rally impossible that those I.lltra Members, who
have broken with the Minister on the question of
war, should constitute a majority. The Chamber
contains three acknowledged and clearly.defined
parties—the left, or Liberals ; the centre, or party
of the late Ministers, w ho affect moderation ; and
the right, or Ultras. Now the excess of either of
these over another is not very great. The right
side, during the last Session, has proved stronger
than either, but never equal to the sum of the

two others. But even supposing that the right
side equalled the sum of the two other parties, or
the rest of the Chamber, still that would leave
the war party far from a majority against M. de
Villele. On the question of war with Spain he would
have the support of the whole left and centre, and
moreover of a large section of the right side. There
is but one supposition upon which we could suppose
him outvoted. It is, that the enemies of the House
of Bourbon, if they have any In the Chamber, or
any party in it, which, from whatever hope or
motive, might wish to shake the Bourbon throne
to its base, should join the Ultra war party,
us the direct courrse to the attainment of their
wishes.

FIRE ON WATER.—On Monday, the 30th ult.
Messrs. G and W. Hlt,nttaand T. W. Dien t RV*
sox, accompanied by a few other gentlemen,
went on a skating excursion to Bodiam, Sussex,
where the ice was particularly inviting, and so
strong, that, for the novelty of dui thing, they
agreed to make a tire e►► it, and did so ; soon
after. which Mr. Ms:attic:is, who had just allot a
mallard as it was winging its way over the
moat, came along, and offered them the bird, if
they would cook it on the ice, and on this con-
dition the mallard was received, picked, cooked,
and eaten with high, relish, in the presence of
many of the inhabitants of Bodiam. The cu.
angry utensil used for the purpose was a Dutch
Wien.

Yesterday morning, between eleven and twelvl
o'clock, a little boy,- about twelve years of age,
was 'knocked down .by a curt opposite Bride.
lane, Fleet-street, the wheel of which passed
over his head. He was immediately 'conveyed
to Mr. Vi' It A Y's, surgeon, in that street, to be ex-
omitted. No fracture of the skull wsks discover-
ed ; but the extent of the injury could not be
immediately ascertained.
SHOCKING OCCURRENCE.---Tlll3 followng me-
lanchnly ailkir occurred in' TuweT.-street, Seven. Dials :—An
old man, named John. Constantino, and his ion, had a dispute
Shoitt, some flintily matter, And the gunnel ltecame so gnat. that
the son; in attempting fo turn his father out ortfte room, ptish.
IA him down stem, and be Was precipitated frOttitup ti)i)Ottom.
The pour old fellow wasi;taken up in a ii class .state, and 'tid,'
he received every medial attention, he died from the injury he
received in the tall.

LAW INTELLIGENCE.

COURT OF KING'S BENCH, 7.
BAXTER AND ANOTHER V. BLANSHARD.

This was an action of trover for a sit IP-C*llW the" Partridge."
It was tried by a special jury; but was taken out of its course
to-day in consequence of the expected departure of some of the
witnesses for India.

The SOLICITOR-GENERAL stated the plaintiff's case. In
1819, Captain George Beetham, who had been for many years a
captain of India vessels, applied to the defendant for assistance
in the purchase of a ship, and the defendant agreed to accept
bills for the price, which he was to be repaid out of the pro-
ceeds of the voyage. Captain Beetham accordingly fixed on
; the Partridge, which he purchased for 4,0001. and .Mr. Blan.
shard accepted bills drawn on him for that sum. The Captain
then proceeded to fit up the ship for passengers and freight,
under Alr. Blanshard's sanction, and paid the expenses out of
the money which he received on account ef passengers. It was
agred that the defendant should act as managin owner, and
for this purppse it was thought necessary that he should appear
to have a share on the register of the vessel. It was accordingly at-
ranged that he should have one-sixteenth, and that the remaining
fifteen sixteenths should be vested in the Captain. Afterwards,
however, Mr. Blanshard suggested, that in order to give him
power to act, the whole interest in the vessel must appear to
be in him ; and accordingly he was registered as sole owner,
with a solemn understanding between the parties that he was
really to be considered as possessing only a sixteenth share.—
The Captain set sail for Madras; he arrived there, and took in
a cargo and passengers for the voyage home. As he was proceed.
ing to Bombay, the ship struck on a sandbank, and sustained so
much injury that, on her arrival at Bombay, very extensive
repairs were requisite. The vessel was surveyed by carpenters,
who pronounced that 30,000 rupees, (about 3.00014 would
tie necessary to repair her, and that two months would be required
for the work. The Captain felt assured that even this esti-
mate was far short of the truth ; and being unable to raise the
money except by .;.sling or pledging the ship, he caused it to
be put up to auction, and the plaintiffs became the purchasers.
He bought a ship called the Asia, and returned home, where
his acts were recognized by Mr. Blanshard ; but afterwards he
thought proper to claim the vessel, and, as he appeared to be
the registered owner, it was ordered to be given to his posses-
sion. T 1.., plaintiffs now, therefore, brought their action to re-
cover their purchase; andi they contended that the sale was
valid on two grounds: firist, that the Captain had, under the
circumstances, authority to dispose of the ship in which he was
so largely interested; and secondly, that his acts had been re.
cotnized and adopted by the defendant.
l'he •140111:1 CHIEF JUSTICE intimated his ,opinion that a
British ship could only be sold by power of attorney from the
registered owner. ''•
The SOLICITOR•GENERAL submitted, that a recognition
by that registered owner might supply the want of such previ-
ous authority.,
The LOR D Cutts' Jusa'tnr said that he would not stop
the cause ; but the only question must be on the recognition, as
it was impossible that there could he two party registered as
sole owner, and anotherparty the real owner with power to sell,
As a hull, a Captain might, under some circumstances, dispose
of a wreck, but not as as vessel.
Capt. George lieethain was then'ealled, who, on his exami-
nation in chief, substantiated the statement made by the Solici-
tor-General. On his cross-examination,
the witness said he did
not know whether at the time when the vessel was purdiased he
was in the rules of the liing's Bench; but he had no money.
The Partridge did not lie long in dock ;perhaps not more than
nine days, and Mr. Baxter tame home in her with his family.
Ile could not recollect whether, when he was examined before
arbitrators on the question of abandonment between the under-
writers and the owner, he did or did not swear that he had no
interest in the vessel.
Daniel Antonio, who acted as third mate on the lima ward
voyage of the Partridge, swore that the repairs cost 20,000
rupees. She sailed for China on the 7th of June, and returned
to England in December, with a full cargo of sugar and
passeiq
Janson, one of the underwriters on the policy of in-
surance, said, that he had frequent conversation with. Mr.
IllansliLd on the subject of the repairs; he said that if the case
should appear as represented to him, that he would not claim
a total loss ; and that he did not,todie , witness's recollection,
express any disapprobation of the conduct of Captain Beethasn.
On cross-examination, lie stated that Beetham, before the :tr.
bitrator, expressly swore that ho had no. interest in the vessel ;
otherwise he could not have been received as a witness.
Mr. SCARLETT aSke4 the Jury whether they wished that
lie should address them for the defendant, observing, at the
same time, that the existence of certain, documents mentioned
in the evidence for the plaintiff was ;absolutely; denied by the
defendant.
The Loup Cann^ JUSTICE observed, that the only ques-
tion was, whether Mr. libmshird had. adopted Lila sale ; us
otherwise it was altogether void.
The Jury were kbout to give their verdict, when
The SouciTOLO E1...1:11AL said lie would be nonsuited.—
Tho plaintiff was accordingly nonsuited.

TAYLOR V. ItAigt7,79og,

This was an action to recover 001. as money had and received
by the defendant to the plaintiff's use.
The circumstances of this case, which has been onee before
tried, were substantially these :--A commission of bankruptcy
had issued against a person named l'artington, on the petition
of the plaintiff ; but it appeared to have been issued at the sug-
gestion of Partington himself: it petition to supersede the com-
mission was presented to, the Lord Chancellor,. and filr. Taylor
determined on opposing this petition and sustaining the hank-
ruptey. He employed Mr. Cardwell of Manchester as his
attorney, and that gentleman directed his agent, AIL Makin.
son, the defendant, an attorney, whose respectability was
admitted, to conduct the„ proceedinge in London. In general
there Is no privity . between the client in the country and the
London agent of his attorney; the latter has no chum on the.
timer for fees, nor the former any claim on the later in case
of neglect of duty. But it was contended for the plaintiff;
that in this case there was such privity, because Makinson had.
applied for, and received 601. -from Taylor. It appeared,
that Mr. Makinson wrote to Cardwell to say, that he must.
have 501. from the assignees to enable him to conduct the
resistance to the petition ; that no aosignees were then chosen,:
but the letter was shown to Taylor, wha.procured a bill for
601., and transmitted it to Alakinson, through the meditim
Cardwell. As the bill was at three months, Makinson could
not get it discounted, and therefore returned it to Cardwell,
'who sent 601. in money to the defendant in its stead. By some:
unintentional neglect, the affidavits in opposition to the petition
were not filed in time, and consequently the prayer of the pen-
tion was granted. Mr. slakinson, when the error was disco-
vered, offered, at his own' e* ence, to get the ease restored and
heard, and sent down a pets for Taylor to sign ; but this
proposal was rejected, and resent action was brought to
recover the 601. paid to M x aklnson, on the ground that
he had wholly failed to perform the condition on which it was
remitted. _

The LORD CHIEF JosTier said, that the question for the
Jury to consider was, whether the dealing respecting the ud.
vance was between Taylor and Makinson, or Cardwell and
lakinson. If it was the first, the plaintiff was entitled to a
verdict ; if the latter, then .there wes no privity between the
patties and the action could not be sUpported.:
The Jury found a verdict for the defendant.

Et.iza Wenn.—lt will be recollected that an
account was given of the trial of the above named
glrloit the last Kingston 'Assizes, for uttering
forged notes of the Brighton and Sussex bank.
She Was convicted, and received sentence of deatli.
Since her condemnation, she evinced no sense of
her awful situation, which can only' he accounted
for from her extreme' youth, she not having at-
tained her lath year. The unfortunate girl is of
low parents, near Mitcham, in Surrey, where the
*ang to which she was attached first induced her to
join them,t The proprietors! of the bank have in a
most praiseworthy manneir interceded in the proper
quarter for a' `commutation of her punishment,
and 'a few days since the Gentlemen had an inter-
view with the culprit in the condemned cell, at
Horsemonger-lane, to whom she confessed the
names of her associates. Yesterday forenoon,
Mr.- WALTERS, tits; governor of.lhe prison, re-
ceived a reprieve for the unfortunate young
woman, and she was placed amongst those con-
victs now under orders for Botany Bay for life.
—An order' accompanied the reprieve for the
execution of Giles East, on Monday week,
for ravishing Sarah Porter, a child of nine -years
of uge. •

DARING BURGLAtt.Y. —Early on Saturday
oroing_somo ruffians broke into the Master's

house of the, British School, and plum-
dered it of a quantity of plate, wearing apparel,
&c. with which they escaped undiscovered..

POLICE INTELLIGENCE.

TITHES IN TIIE CITY.

MAlrsioar.HousE.—Dr. Owen, Rector of St. °lave's,
Hart.street, attended, pursuant to adjournment, to prove his
claim of 2s. N. in the pound upon the rental of Mr. George

Abbott, who has refused to pay a lesser demand made by the
Rector, upon the 37th of Henry VIII. The justice-room was
crowded with gentlemen, all of whom seemed to be deeply in-
terested in the question. The LORD MAYOR was attended by
" his assistants," the RECORDER and the Coststort Sta-
JEA2iT. The complainant supported his claim in propria per.
sons. The defendant neither appeared in his own person nor
in that of any other.
The LORD MAYO tt having asked whether the Doctor had.
prepared himself with the necessary proofs to establish his claim
to the tithe, Dr. Owen handed to Mr. llobler, the Chief Clerk,
his petition which was neatly as follows
"TO THE RIGHT HONOURABLE WILLIAM HEY GATE,

LORD MAYOR OF LONDON.

" Humbly sheweth, That by virtue of the statute and decree,
made in the 37th year of the reign of Henry VIII. it is order.
ed That the inhabitants of the said city of London, and the
liberties of Westminster, the same for the time being, should
yearly pay their tithes for every 20 shillings rent by the year, of
all houses, shops, ware-houses, cellars, and stables, within the
said city and liberties of the same, two shillings and nine-pence
quarterly, at the four usual feasts by even portions, and that if
any controversy should arise for non-payment of any tithes
within the said liberties of the said city, then upon complaint
made by the party grieved to the Lord Mayor of the said city,
the said Lord Mayor, by the advice of Counsel, should call the
said parties before him, and make a final end in the same, with
costs to be awarded by discretion of the said Lord Mayor and
his assistants.' And your petitioner further sheweth, that he is,
and for the space of 28 years bath been, the Rector of the parish
of St. Olave, Hart-street, in the city of London ; and that
George Abbott, who lately inhabited a house in the said parish,
at the yearly rent of 20 shillings and upwards, by reason ofsuch
.late inhabitancy, and by virtue of the statute and decree afore-
said, is indebted to your petitioner in the sum of five pounds,
for one quarter's tithes, due at Lady-day last; and although
your petitioner bath demanded, or caused to be demanded, the
said sum above-mentioned, of anti from the said George Ab.
bott, yet he bath neglected or refused to pay, or make your pe.
titioner any satisfaction for the said tithes.
" Whereof your petitioner humbly prays that the said George
Abbott be called before your Lordship, to answer your peti.
tioner's claim, and that your Lordship will make a final end in
the premises, and award costs in such a manner as by the same
statute and decree is directed. And your petitioner shall pray.
H. B. OWEN, D.D.
" Rector of the parish of St. Ohm, Hart-street, in the city
of London."
Dr. Owen did not produce any evidence in support of his
demand, but rested his claim upon the authority of the decree
to which he referred the Lord Mayor, as upon the former up.
plication, for his Lordship's interference to enforce the pay.
ment of the tithe.

The RECORDER objected in limine, that no evidence was
producible to establish the claim. Before the authority on which
the tithe was demanded could be acted upon, or questioned, it
became necessary to show that the defendant paid such a rent
as would prove his liability to the Doctor's claim of two and
ninepence in the pound upon his rental. Until such testimony
should be produced, the Lord Mayor would not be justified in
proceeding to ascertain whether he had the power to enforce
the demand.

Dr. Owen said he demanded no more than two shillings in
the pound. Of course, it he had applied for the whole amount
to which **Act entitled him, the obligation upon the defend-
ant would be attended with greater inconvenience, Ile sup-
posed that a man who had a claim of 201. or 301. might apply
for the money due to him at a rate lower than that which was
recognized by the Act of Parliament on which his claim was
founded—that when 201. was due to him, be might enforce the
payment of 5/.
The REcoapta observed, that the decree spoke of the sum
of 2s. #d. in the pound, and no other sum was specified. The
claim to that sum must therefore be distinctly proved in every
respect before the Chief Magistrate could sanction the enforce.
nient of the tithe.

The Costume SETURANT said, he was not aware, upon the
former hearing of this ease, that Dr. Owen was proceeding for I
a smaller sum than he conceived himself entitled to under the
37th of Henry VIII., otherwise the suggestion just made by
the Recorder should have been then made; and a great deal of
trouble saved. It was absolutely incumbent upon the Doctor
to prove the payment of rent to the extent that warranted the
clartn,.untl then came the question as to the non-enrollment of
the decree; vhich question could not possibly be entertained
until the defendant's liability was proved.
Dr. Owen bad no objection to the most full discussion and.
examination of, the subje .t, but signified his hope that unne-
cessary delays would be Avoided. He had preferred the alter-
' native of an application to the Lord ilayor,. to the other which
presented itself, from mere mercy to his parishioners, who could
otherwise be overwhelmed with expence. He wished to know
whether it was not obligatory upon the Lord .3layor to issue
his warrant to bring tip the defendant. He did not wish to
press for a decision on the merits of the question.
The Loan MAYOR assured Dr. Owen that he was not aware
of the objection made by the Recorder and Common Serjeant
until he hand it in the Justice Room, but that objection wholly
put it out of his power to proceed in the case until a new peti-
tion should be brought in, setting forth the precise nature of the
claim, and evidence produced establishing the liability of the
defendant, and maintaining the allegations contained in the
petition.
__ _ .

. -
Dr. Owen's petition was then formally rejected, the demand
contained therein not having been set forth as directed by the
Act of Parliament.

The Doctor was then informed by his Lordship thit as soon
as the new petition was presented, a day should be appointed
for deciding, the question, and at a proper period a summons
served upon the defendant to appear and show cause why an
order should not be issu•A against him for the non-payment of
the tithe.

MURDER OF MRS'. DONATTY.
BOW-STREET.—Notwithstanaing the length of time that
has elapsed since the perpetration of this atrocious crime, and
the great hrtprobability, under thecircumstanccs, that any trace
could now be obtained of the murderer, the persons who have
been so active in the matter have not relaxed in their laudable
efforts; and some facts have within these few days come to
light which. would seem to afford a prospect that the ends of
justice may yet be attained by the detection and punishment of
the offender.

It may be recollected that among other things found in the
house of Mrs. Donatty, on the night of the murder, was a
bag which there was not the smallest doubt was left there by
the murderer. At the time that an . investigation was going
on with great apparent activity at Ilatton-gartlen,, some in-
fOrmation was given respecting this bag, which, if it had
been promptly acted upon by the officer who received it, might
have led to important results, but lie thought it of no con.
sequence, and the matter -fell to the ground.. On Monday,
however, the subject of the bag was again brought under the
notice of Mr. Tay, the Vestry Clerk of St. Andrew's, Rol.
born, and'that gentleman made immediate application to Sir
R. Bull; tE. The worthy Magistrate, upon hearing Mr. Tay-
lor's statement, dispatched Vickery and Ruthven to the east
end of the town in search of the suspected person, and they ap-
prehended a young man of the Jewish persuasion, and brought
him yesterday morning to this office. He underwent an exa-
mination in private, and the evidence against him was this
About five weeks -before the murder, the prisoner, who is a
deeler in metals, called upon a Mrs, Thompson, to whom
he was well known, and requested the loan of a bag to
convey some articles . of that description to a place where
he was in the habit of disposing of his inn-chases. She lent
him a bag, on his promise that he would return it the next
day. He, however,' did not keep his promise' and Mrs.
Thompson .made repeated 'applications for it; but. he uni.
formly made some excuse. When the murder was committed,
Mrs. ThOmpson, from the description given of the bag, thoUght
it was the same she had lent to the prisoner, and begged
of hint to go before the Magistrates, and tell all he knew re-
specting it. He, however, refused, and said he had lent the
bag to some " queer" character, and would pay her for it.—
Th e bag found in Mrs. Donatty's houte was yesterday produced
to Mrs. Thompson, and she without hesitation pronounced it
to be the siune she lent to the prisoner. The latter was then
queitiOned as to how he had disposed of the bag, (if at all), and
he said he hail given it before the murder to a Jew named Jo.
sephs, . at the shop of a Mr. Myers, a dealer in ntetals,—
Vtekery and Ruthven ukin this were . sent in quest. of
Josephs,• and last-,night they brought him to the office.—
Ile, upon being questioned,. firmly denied all knowledge of
the bak, and .called sonic witnesses who proved. that he had
never met the other prisoner at Myare's shop at the tune of day,
that the latter had fixed, upon.(Josephs) was therefore
discharged. The other prisoner (whose name there are strong
reasons for withholding- al, present) was committed .feu .re.axa.
initiation. He admits that the bag produced "and sworn to by
Mil, Thompson was tint one she tent him, but persiits in say-
in g that it passed frittn.,.him to Joseph* et the shop of Mr.
Myers. He is quite it youth, and was stated; by some persons
who knew him to be notorious among all his acquaintances` for
,his propensity to falsehood upon.all U6C111404‘