The Sun.
London, England, 1824-01-28 00:00:00

COURT OF COMMON FLEAS, JAN. 27.

RAWLINGS V. JIALL.-STOCK-JOBBING.
This was an action to recover the amount of a bill of ex.
change, accepted by the defendant. The defence set up on the
trial was, that the bill was vitiated by the corrupt and illegal
nature of the transaction out of which it arose, viz., the settling
the difference of an account in certain time.bargains in the pub-
lic funds. The Jury gave a verdict for the plaintiff.

Mr. Serjeant VAUGHAN now moved for a rule to spew cause
why the verdict should not be set aside and a nonsuit entered.
The grounds of his motion were, the illegality of the original
transaction, and also, that one of the witnesses on the trial (the
broker employed in the transaction) had refused to answer cer-
tain questions which were put to him, or to produce his book. The Learned Serjeant referred to and relied upon Sir J. Bar-
nard's Act (the stock jobbing Act), and the 46th Geo. 111.,
cap. 47, in both of which it was declared, that a witness under
such circumstances could not refuse to answer the questions put
to him, even though he should be exposed to a civil suit in
consequence of his answers; that he would only do so when
there was danger of exposing himself thereby to penalty and
forfeiture. -

The Lord Chief Justice G.lrFoun said he considered the
point a very nice one, and without giving any decision on the

construction of the acts referred to, would grant a rule to show
cause.—Rule granted. • . . - -
EDwAnDs, CLERK v. BELL AND oTDERs.
• Mr. Serjeant PEEL moved-that there be a verdict in this'case
entered for the plaintiff; .on the generalplea, notviiilisfanding the
verdict for the defendant.; •It was an action bought by the
, plaintiff, the Rev.. George Edwards, the -Minister of. a Dis-
senting Chapel at Great Marlow, against the defendants, as
printer and proprietors-of the .Times newspaper,. for a libel, in
having published a certain paragraph, charging him' with hav-
ing made the pulpit the vehicle for female slander,, in publiicly
attacking_ the character of a virtuous young lacly!,,a,membei of
his congregation... The case . was tried before • Jtpice
Buirrouglii at the Sittings afteihist Trinity,
,Term. The wOraS
used and copied from the Ducks Chronicle, were these :=--' ii
have something to say, width I have thought of•incntioning foi•
some time, viz. the improper conduct of -cite Of the fetnak
teac'nerS • her name is Bliss Fair and if any of the child en
dat.e. askher to go home they shall he turned out c•f" the' school,
and never enter itagain. lliiss Vairtlit!es. more harin' than good."
The case.. went to the Jury upon these;..iMues, and they found a
Verdict for the defendants,: on the plea of justification, and for
the plaintiff en the*neral issue.-=-Darnages 40S.- • - •
•iir ace Pinta read the record .of the pleadings.,.-Thelirst
plea denied thelibel, and the 2d plea •declared ;that Maroret
ntan.ageßient of the ,Surida.y...Sehool, • and
was a person of great merit and spotless reputation.'
Mr. Serjeant PELL .submitted .that the libel imported one
thing, and the justification or justificatory Natter 'another.
Mr. Serjeant -VAUGHAN showed cause against • tile rub.
and said that ;the question was,. -whetheK the plea Was ;coil,
or the justification sufficient? It had appeared in the Tinos
Newspaper, and he was not• certain whether it was a libel cr
not. If, it was one, it certainly. was one of the most milk-
and-water and diluted libels he had ever met with=fOr what
did it state?—that a Dissenting Minister had thrown out
an aspersion against a lady of spotless 'reputation and dis-
tinguished merit ; therefore it Was a reflection on him-to throw
out such an observation•on any party ; and that waii'the libel.
But the law held that the-truth was a sufficient justification;
the. plaintiff had said 'that. Miss Fair's conduct' was a disgrace
to the.school; and the question was, if that was not a_personal
invective, the giving piihhci,tl4 to which had caused .dissension
in hii congregation ? Should it be perniitted to .an' one to
.make the pulpit a vehicle for these personal allusions and in-
vectiVes against any individual ? It should be,'-,veinembered
that the paragraph stated that a serious misunderstanding had
taken place in the congiegation,,and not between the :Minister
and his congregaticn : 'serious misunderstanding had taken
place iii the congregation in conSeglience f thess;.expressions
of the plaintiff: The justification was co-extensive with the
libel.. The libel imported the misunderstanding.; the. justifi-
cation did the wine.

. . • ' Mr. SerjeantYau Dy, on the' same side, Observed; that to
maintain.such an action; it was necessary for the plaintiff. to
shew a wilful perversion of language. The question wa.s, whe-
ther the defendants had made a malicious and wilful nrisrepte-
sentation ? If the words were even not exactly the
:Same the
action could not be maintained: The Learned..Serjeant cited
Koinethink hail been added on
'the case of Lewis and Clements, 3d BarnewalLand, ltlderson
Report's.l7o2. It was a case heard in the Insolvent Court, and
headed ~‘.‘• Shameful conduct of an Attorney." AlthOugh the
athcecOwurnitterw,as
eTSbealdidisctoeuthrseorugahttead
present ac.ion
4-*
so farfou.nded in truth as to exclnde the purpose of malice.
stifi.avinr,aulhl'o.arrst.}e'.vidflele considered the.
There.was no addition, as in the case he-had quoted ; and,
'under 'all the, circunistances, he trusted the Court would not
grant the motion. .
ntllicire
ernmalcieghnaandthiiebeeni.
.11r. Serjeant Pr)LL, in support of the motion, contended that
wPraPsvnet betyptuhbeldisred,
to Miss Fair, as a teacher in the school, and her-Conduct in that
capacity, and did not, he'suhmitted, come under the denomina-
tion of personal invective. But the •most serious past. of the
libel was, theta serious misunderstanding bad taken place
between the plaintiff and his congregation. The ,Learned Ser_
jeant contended, that the words were ilot..the same, and theslibel
noijkstilied.--.3lr;Serjeant P.E42;,t1-101lowed on the same side.
' The Cil iEr .111 ST ICE stated, that- this was AU aCtionhtought
by the plaintiff; .who stated himself to be... 0 e
,N.l4.74§ter of It.
dissenting congregation at ' Great. .Bliirldw, against ihe de-
fendants, as proprietors and printers of the TimclieiVgpaper,
for a libel:. The gist and sting of the libel consisted in its
.statirp, that he used the place set apart for religiOui worship,
•for'the purpose of calumny against. a young lady. of
:'spotless
reputation. The libel did not state that the words WeVe :used
in
_a sermon, but that, they were'used in the pulpit it; -and the
serious misunderstanding between the ;pastor And the COngre.
gation 'might :only 'mean, that a Misunderstanding had: taken
place in the congregation, of.which the minister was ony. On
that part •of the' libel, in•which it was stated that..ateps were
about to be taken in consequence of the words used, it might
.not imply a ietnoval of the minister,. but itinighe mean that
her friends would take the young lady from theschobl. Under
all the circumstances his Lordship thought that the judgrnent
ought:to stand.
.:. • • - .

Justice Pair ;and Mr. Justice Bo kit o u ir>6llcurrecl
in the opinion of the Chief Jitstice.

From the LONDON GAZEI"Fie, Jan. 27.

• • Crown Office, Jan. 27.
MEMBE returned to serve in this present ParUarnent.
Borough of. Liskeard—The TIOn.- Edward Granville Eliot.
commonly,ealled Lord Eliot, of Port Eliot, in thestinnty of
Cornwall,.in the room of the Hon. William Eliot, now a Peer
of the United Kingdoni of Great Britain. and .kreland.

BANKRUPTCY SUPERSEDED.
Robert Reeves, Stockport, shopkeeper. •
BANKRUPTS: . •
Thoinas Price. Hackleton, Northamptonshire, baker, to sur-
render Feb.lo, 11, March 9, at the Bell Inn, NorthaTpton.
Solicitor, Mr. Yates, Clement's-inn..'William - ;.•
Honeysett, Dalston, Carpenter, Feb. 3, 10, March
9, at the Bankrupts', Court, Basingball-street. Solicitor, Mr.
Nicholls, Great Winchester-street

Willia.m Coe, Darkhouse-lane, Billingsgate, victuallq, Jan.
31, Feb. 10, March 9, at the Bankrupts' Court, Basinghall-
street. Solicitor, Mr. Arundel], Bridge-street, Blackfriars.
Charles Jones, Nirelshpool, Montgomeryshire, draper, Feb.
13,
.14, March 9, at the. Star Inn, Manchester. Solicitors.,
Messrs. Ellis, Sons, Walmseley, and Gorton, Chanter -lane.
henry Worsley, Plymouth, dealer, Feb..l9, 20, March 9,
at the Globe Inn, Plymouth. Soicitor, Mr. Alexander,
Carey-street, Lincoln's-inn.

Henry Kelsey, Pall-mall, milliner, Jan. 31, Feb. 19, March
9, at the Bankrupts' Court, Basinghall-street. Solicitor, Mr.
Leigh, Charlotte-row, Mansion-house. •
Joshua Roe, Torpoint, Cornwall, merchant, Feb. 3, IL
March 9, at the Bankrupts' Court, Basinghall-street, Solici-
tor, Mr. Buckton, Great Knight Rider-street, Doctors'-com-
mons.

•
Richard Packer, Tokenhouse-yard, taothbury, broker, Feb.
3, 10, March 9, at the Bankrupt? Court, Basinghall-street.
Solicitors, Messrs. ()atty. Haddan, Gatty, and Haddan; Angel-
court, Tbrogmorton -street. - •

DIVIDENDS.
Feb. 7, 11. Canning, Broad-street, merchant—Feb. 25, R.
W. Purchas and R. Tredwen, Chepstow, 'Monmouthshire,
ship-builders—Feb. 24, J. Arnold, Prince's-street, Lothhury,
and J. Storrs, New York, merchants—Feb. 23, R: Abbey.
Alne, Yorkshire, miller—Feb. 21, W. A. Brown, *College-
hill, merchant—Feb. 17, A. Anderson, T. GodfreY, and S: B.
Williams, Salters'-hall-court, Cannon-street, merchants.
CERTIFICATES, FED. 17.,
T. Weller, Croydon, watchmaker'—N. -Gee, Lenton, Not,
tinghamshire, lace-manufacturer—E. G. Adams, High;streq;
St. Marylebone, apothecary—J. Eives, Canterbury, irohinonger
Pigot, Red-Hall„ Surrey, farmer—W. COrdingley;, Bus-
' sell-place, Bermondsey, brewer—J. Camptaloup, Counter-
street, SouthWark, orange-merchant.-
PARTNERSHIPS DISSOLVED.
N. Walke and J. Saull, Newton-Abbott, Devonshire;g4rocen,
G. and J. Thompson, Worcester, glovers —T. and J. Burton,
and J. Thompson, Newton-upon-Ouse, York Shire, coai-mer-
chants—J. and S. Ribirison, Wood-Brook, Yorkshire, cotton-
spinners—G. Noel and W. Dyke, Charlotte-street, Fitzroy-
square, cordwainers—G.- Paley, B. Hill, W. Tomlinson, and S.
T. Holroyd, Leeds, soap-boilers--J. Pickersgill and T. and J.
Holland, Gainsburgh, Lincolnshire, blacking-manufacturers
—W. Samuel and J. Lazarus, Carmarthen, jewellers—J: Hay-
man, C. G. White, W. and J. Curling, and G. F. Young, Em-
mett-street, Poplar, anchor-smiths, so far as regards'. J. Hay..
man—P. and R. Norris, Liverpool, ironmongers—J., IL, and
G. Fairbairn, Clapham, nurserymen, so far as regards J. Fair-
bairn—T. Ullock and F. G. Francis, illartin's-lane, Cannon_
street, wine-merchants—T. Clark, T. Boyd, and T. French,
Skinner-street, wholesale-drapers—T. & C. Suter, Greenwich,
bricklayers—J. Down and D. Timothy, Strand, drapers.

PAH IS PAPERS.

[From the Etoile.l
MADRID, JAN. 16.—The King our Sovereign
tr4s issued the following Decree :

" By my Decree of the 14th of December last,
I thought fit to grant an honorary medallion to
all those of my subjects who, listening only to the
voice of the purest loyalty, have braved all dart-
gersto defend the rights of my sovereignty, reli-
gi.wei, and the state. I had authorized the Captain
Giteneral to give the necessary licences to persons
whom they should judge worthy of this distirtc-
tiott ; not having learned .that the distribution
was not -according to the end I proposed, 1 do
...,elecree that the right of conferring the said dis-
traction is henceforth reserved to myself alolle.'!
J. 13.—The Minister of War issued, on the
13th inst., an Ordinance of 19 A rticles, of which
the following is the preamble :
• '• The King is informed that in several parts of
leis kingdont, men still show themselves, who,
Vbstinate itt their bad principles, and accustomed
to live in discord, seek to create disturbances.
They break out into invectives against the sacred
rietts of the throne, and praise the abolished Con-
.stitution : they spread alarming reports, and carry
their audacity so far as to infest the public roads
wich arms in their hands. In consequence, his
M9jesty, persuaded that the most effectual way
to prevent crimes is promptly to punish those;
I
who have already been guilty of them, orders as
follows :

Article 'l. In all the capitals of provinces, including the
'Balearicdslands, there shall be formed within 15 days, execu-
tive aral permanent commissions, composed of a President, who
is a Brigadier-General in the King's armies; of -six members
from the rank of Colonel to that of Sergeant-Major ; of an As-
sessor, four Fiscals, and as many clerks.

" ThelOth article orders that the penalties to be inflicted on
the condemned shall be determined according to the Royal
Zecree of May 4, 1814."

VALENCIA, JAN. 10.—A group appeared this
Light at the gates of Cuarte of S. Narcisso, to
carry off the guard ; but this mad attempt wholly
ft.ited."

The Restaurador publishes the declaration of
war. by Mexico against Sp.tin.
[From the Moniteer.—Wort Ogrial part.]
Nl:lamp, JAN. 11.—Madridis perfectly tran-
; several pielates who had remained in the
capital have lately •left it. It is affirmed that D.
Victor Saes has returned from Toledo, and is
actually here. Nobody at Madrid believes that
the departure of the Spanish troops, especially
the regiment of the Prince, was by the desire of
the Commander-in-Chief of the Army of Occu-
pation. This regiment of cavalry was one of the
most distinguished in Spain, and lived on good
terms with the allied troops. This measure was
taken entirely with a view to the public good,
and to remove henceforth every pretext for ma-
levolence.

The Liberals spread a report that there eras
a tumult at Alcobendas. This is a notorious
falsehood.

it.is affirmed that the officers of the Royal
Guard will be selected from the troops com-
manded by Generals D'Eroles, Charles O'Don.
rell, Quesada, and others devoted to the King,
and that the remainder of these troops will be
distributed among the other -regiments of the
army,

[From the Consiiiutionneld
PAP,IS, JAN. 25.—The Journal des ilaals an-
uounces, that M. de 'Fulani is to be removed from
the Embassy at Madrid, to that of'Vienna. Where
than will the Duke of Belluno go ? It is known
that Austria would not receive him in that capa-
city ? It seems, that if any one .has submitted,
it is not Austria.

Within the last month the most afflicting pic-
lure of thesituation of Spain has been drawn every
diy. The Journal des Debals, to refute all these
calumnies, assures us that Portugal is perfectly
tranquil. -
)3ERNE, JAN. 18.—An ordinance has lately
been published which .prohibits the admission of
foreigners not having the rights of citizenship into
the schools of superior instruction, as well as the
.-sons of citizens who are not independent, and
who are consequently deemed to be in a situation
not requiring a scientific education. This deci-
sion, sufficiently remarkable in itself, is still more
so when considered in connexion with other mea-
sures which have been adopted, or merely pro-
posed, with respect to religious worship.
Religious asceticism continues to make incre-
dible progress. This disposition, so contrary to
the national character and manners which our 1
-Government has long been accused of treating
'with too much condescension, appeals to have
,arisen from the great influence of Madame ru-
<letter, during her long residence at Berne. The
authorities confine themselves to watching its
progress without opposing it.
(From the Journal des Debats.)
PA gis, JAN. 25.—The English Journals persist
in talking of considerable armaments in all quer"
tors—they mention to-day great preparations
which are making in the Port of Cadiz for the
re-conquest of the Spanish Colonies. The truth
is, that there are no ships of war in the'Port of
Cadiz, except the old ship, the Asia, and a brig
from Carthagetia, which are waiting for a cargo
of arms destined for the Havannah.
(From the courier Francais.)
PER ex GNAN,J AN. 18.—r Extract of a P:-watt Letter.)—On
the 13th, the arrival of the Baron d']aroles at Garcia, as Cap-
tain-General of the Province, was announced at Barcelona, On
the 14th, the French authorities went to visit him. The seat of
the Government is to be established at Garcia till Barcelona is
evacuated by the French troops. The coming of the Baron in
that city is dreaded particularly, since it is known that he in-
tends to form a corps of 801) Maros de t'Escuadra—a species of
gendarmerie, formerly recruited from among the smugglers,
and who constituted the force _of the police in this province.—
There is no doubt that this corps will be composed of the most
exaggerated people of the Absolutists, and that the men of the
Faith will play a grand part. The inhabitants of Barcelona
axe therefore in great dread, and wish That the French troops
snould never quit the town.
ZURICH, JAN. 15.—The Journal of this town contains the
following article :—‘4 Letters ftom Fribourg say, that the Grand
Council of the Canton has strictly charged the Bishop not to
ordain any Priest till the Police of the town is certain of his
moral character. The reputation which Fribourg enjoys as one
of the most religious Cantons, added to the good nature of the
Bishop, attracts a great number of adventurers there. The
Prelate has admitted a peat number to take orders, and given
letters of recommendation to others. Some of them traverse
the country, covered with fictitious relics, committing the gros-
sest excesses of every species. Some of them have been ar-
rested for theft, others have been banished from the Canton,
others have been delivered up to justice, and some of them have
;est tarred soldiers.