The Sun.
London, England, 1823-12-18 00:00:00

kIEIICANTILE

DEAL, DEC. 17.—Wind SS W. blowing strong.—. Came
down from the River this morning the Roseville, Anderson,
for Trim; she afterwards slipped front an anchor and cable,
and went into Ramsgate, harbour. The Calais Post-office
packet landed mail and passengers here this afternoon, not
being able to fetch Dover. Remain the Guardian, for Batavia;
and a few others, names unknown.
PonTsmotmt, DEC. 17.—Wind S.S.W.—It came on to
blow a strong gale this morning► about ten o'clock froth
and still continues ; the outward-bnund ride all well. Arrived
the Louisa, Walker, from the Downs for Jamaica. A ship
arrived from the Eastward, apparently an ontward-bound In-
diaman, but too late to learn her name.
PLYMOUTH, DEC. 16.—Wind S.W.—Arrived the, Lcan.
der, Thomson from Guernsey in 12 days for Cette. Passed up
Channel the Wilbelmina,• frnm Batavia.
FALMOUTH, DEc. 18.—Wind S.W.—Arrived his Ma-
jesty's packet Emulous, Lieutenant Croke, from Plymouth ;
Neptune, Downing, front London tier Terceira. Sailed the
Active, Banks, for London.
LINER Poor, 16.—Arrived the Ellen, Ross, from
Demerara; George the Fourth, Thomas; Prince of Austurius,
Ayrshire; Scott, and William Davidson, ---,from Quebec;
Endymion, Todd ; Crown, Havelock ; and Thornton, Harri.
son, from Miramielti ; Anglent, Glaister, from Richebncto;
William, Bartlett, from Genoa; and Hibernia, Field, from
Lisbon. Off the Port the Bradoek, from Jamaica ;
and Harriet, from St: Domingo. •
Yesterday a Court of Directors was held at the East India
House, when the following Captains were sworn in to the cote.
mend of their respective ships—viz., Capt. John Tween, Sir
David Scott, for Bengal and China; nod Capt. Richard Clif.
ford, Lady Melville, for Madras and
The East India Company's ship Buckinghamshire was all
well, in let. 17.81. south, 1ting..27.. 46. west, on the filth of
Septemt er.

AN EXAMPLE FOR LAWYERSe—CUAMILLART,
Comptroller. General of the Finances in the reign
'of Loma XI V., had been a celebrated pleader.
Ile once lost a cause in which ho was con.
corned, through his excessive fondness for Wl-
liards. His client called on him the day after in ex-
treme affliction, and told him that if he had made
use of a document which had been put into his
hands, but which he had neglected to exa-
mine, a verdict must have been given in his
favour. CIUMILLART read it,, and found it of
decisive importance to his cause. 46 You tined
the defendant," said lw, 44 for twenty thousand
livres. You have failed by my inadvertence.
It is my duty to do you justice. Call on me in
two days." In the mean time CiUMILLART pro-
cured the money, and paid It to.bis client on no
other condition than that he would keep tlt
transaction a secret.

CHALLENGES rx AmaurcA.--Such an extensive
circulation has the practice of duelling obtained,
that it has extended itself even, te,Divines. We
find in a Kentucky Paper, challenge by Mr.
A LEX ANDER CAMPBELL to Mr. W. L. MACALLA,
to a debate, cc if God perndti'' on. Baptism. So
much confidence has Mr. Cimenerz that he will
out-talk his antagonist, that he is desirous to cir-
culate the challenge as Much as possible, and re-
quests printers throughout the countu to give no-
tice that lie (Mr. CAMP LL) will yieei the said
Mr. MACALLA, at Washington, Mason county,
Kentucky, on Wednesday the 15'th day of Oc-
tober, at eleven o'clock: This bold Ecclesiastic,
in the plenitude •of his wisdom), and relying
on the world 'for the truth of his assertions,
Sent a general challenge,in the year 1820, as fol.
lows this day publish to all present, that
I fief disposed to meet any Pedoheptist Mini-
ster, of any denominatibn, of good standing in
his own party) and 'engage to prove in a debate
with him, either viva yucca, or with the pen, that
infant sprinkling is a hotnen tradition, and inju.
rious to the wit-bring of society, religious or
political."---(Frons The Pillage Register.)
Finn DAMP.-LLAA unlearned man, but clever
mechanic, of this town (Stall'ord); named Geo.
LOYAT, 13 anxious to communicate to his country-
men a scheme for lessening the danger from that
dreadful accient—the explosion of fire damp in,
coal mines. The remedy which hasiuggested
self to his mind is, the employme!it of bellows,
to be worked by the steam engine. Six or
seven pairs of ordinary forge bellows might be Fir-
(paired to produce the proper effect. They might
be placed one or two hundred yards from
the shaft. Atmospheric air is intended to be
propelled by a main pipe down the shaft, and
thence conducted by smaller pipes, having re.
gulating stop cocks to these parts of the mine,
where the colliers are at work. The stream of
air will have force equal -to a common current
above ground. The „fire damp will thus be dis-
lodged from the situation occupied by the miners,
-or so much diluted us to render It harmless; and
ultimately being lighter, than atmosiiheric air, be.
ing forced out at the mouth of the pit.--(814ord
ildvertiter.)

~._

is

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[MOItN 1 N CT rosT,]

THE LONDON JOURNALS.

DAILY
Extracts from the Morning Papers, Dee. 18

[TUE Timus.r
We perceive by the Jamaica Papers, that
strong resolutions continue to be entered into by
the inhabitants of different parishes of that
Island, on the subject, of the Slave Trade. In
the parish of St. Anne, they say—" We consider
4 ourselves justified in calling on Parliament—
" on the British nation, to, pay us for our posses-
". sions, or leave us at liberty to °War our elle-
" glance where our personal safety can be se-
" cures; by the observance of legal enactments.--
The spoi•Ors in the pari,.l of Port Royal were
extremely wan. 1‘ e fear there wants modera-
tion on ail sides : hut intemperance, is more ex.
tunable in those win) are iu extreme suffering,
than in those who, from motives, however just,'
are the assailants. The Resolntionists of Port
Royal thus speak :—" That, we spurn with me-
rited contempt and scorn every malicious
stud calumniating accusation of cruelty acid op-
pression tow Luck our tenantry, hoare infinitely
" more happy than malty English labourers, and
" and whose comforts and protection can heal
" no comparison with the wants and miseries of
46 thousands of free-born men in Ireland, whose
44 moral and political degradation never moves,
" the philanthropical' friend of the Negro. We
" have never yet called on the soldiery to fire on
44 the slave, and hut for the delusion of our elle,-
" inks, so unfortunate a necessity would never
44 &CM'. * * That we con.-
" ceive it to be the duty of such individuals to
" send amongst us one of their number, who,
'' without the hope of profit, may give OW.
64 bought evidence—who, with impartiality, may
44 decide on our real character ; but we protest
64 against the injustice of pronouncing us guilty
" of the foulest crimes on the evidence of men
Zechariah IIPCa u !ey, whose crimes, whose
" oppression to the slaves muter his charge as
" overseer, compelled him to self-banishment
44 from this colony, to seek affluence by colons-
" niating those o ho abhorred his iniqnity."--We
have quoted the preceding passage, in order to
attract the attention, and receive the proper ex-
planation of the, person charged---a person with
an ominous name, certainly, but Ivho yet may he
a very good num. Zechariah M'Cauley ! We
are !Sore he was a very good tempered boy, if he
did not throw stones rit his godfathers• and
mother whenever he saw them.

prKsy •rutes.l
Ex !WOWS were received from Paris yes!erdly,
announcing the arrival of 'Mr. N. M. Rothschild
at, that capital ; great earitt!stues. was visible on,
our Stock Exclutoge to lento what wal the ob-
ject of his tour; but nothing positive could be
ascertaFncrl. It WKS curreotly reported that a
new Frellell ,140811 Was in agitation ; but the
rise in the Hews seemed to contradict' this,
idea. The closing prices of Monday were as
follow :---Five per Cents. 91f. 85c.--Scrip 34 pr.
ui '2sf. bOc.—Spatiish
Bonds ore quoted from Q 81; to 9.94. The
Ehsiie dated yeKtertfily rontnins ri*ews be-
yond the arrival of General Goilleminot, who
tad the honour of being presented to the Kiog.
The Agent of one of the parties now in Paris
made some large Sales of Spanish Hoods in the
morning, which bad the
.effect of lowering them
nearly 0110 per cent. They closed at
Consols varied yesterday lttween• 86f and 86i,
and finally closed, as on Toesddy, an 86n. In
other securities little business Was done ; and
they remain at their former quotations. /The
idle rumours of new Ministerial arrangements at-
tempted to he put into circulation by The -Morn-
ing Chronicle are totally disregarded. They are
founded on the simple •fact that Lord Liverpool
paid a social visit to his old personal friend Lord
Grenville. The Quid/tunes of the present day
ere as ingenious as those of Foote's time in rais-
ing it political fabric on an airy basis.----" When
" a great man's butler shakes his head, and says
g‘ nothing," observes the sagacious Upholsterer,
" great events are no doubt in agitation."

Two Flanders Mails arrived fast night. The
Papers which they have brought are only to the
13th inst. and contain nothing of importance, with
the exception of en article from Vienna, which
states that the Austrian Cabinet had refused to
interfere in the Mild's of South America, other-
wise than by using its good offices " to effect an
amicable arrangement between the Colonies and
the mother country." The reason asiigned for
this refusal to interpose in a manner more con-
genial with the views of certain Members of
the Holy Alliance is the very true one, " that
the Austrian Empire not being 4 Maritime
Power could not have the same interest in that
affair us Russia and France." This is a frank
admission, that, notwithstanding their assurancesl
to the contrary, self-interest has been and still
die only motive of all the Allied Monarchs.—
It disiplays at the gime time a propitious depar-
ture from that boasted unity which had hitherto
rniiried their proceedings, and may,.pet haps, pre-
pare the way forth. breaking up of that system of
despotism which they were desirous of extending
over all Europe. With respect to the particulur in-
terest felt by Russia and France in the settleaeent
of the quarrel between Spain and her late Colonies,
it is thus explained :---" Russia following its
system of opposition to the naval preponderance
of England, must cease to make new aqui-
sitions to the prejudice of its rival, and France
must endeavour to repair the loss of the Isle of
flrance and St. Domingo, and open`new markets
for the iminetise produce of her industry, espe.
csall.yr in South America, where England has
greater advantages than any other nation." 'I he
lame article says, that immediately after his re-
turn to Lemberg, Prince Metternich sent instruc-
tions •to the Austtien Ambassador, at`Paris, and
to Count Brunetti, Minister of Isis Imperial
Majesty at Madrid, relative to tho
system adopted by Austria OD the subject.----A
singular occurrence 81141fIS to have taken place
in Russia, It the article from St. Petersburg's, I
given in these Papers, be correct. Count Witt-1

Ope

genstein) wbo rendered such important services
to Russia, In the war against the French in 1812,
and till lately commanded the Russian Army of
Observation on the borders of Turkey, is said to
have suddenly quitted the service of the Empe-
ror Alexander, and to have been succeeded in
his command by Count Miloradowitch. This is
the more singular on account of its taking place
immediately after the visit paid by Alexander
to Wittgenstein's army, and the satisfaction
which that Monarch publicly expressed of the
ef►cient state in which he had found it.

[MORNING CIIRONICLR.]
Vrom the outcry now made against the Slave
Trade Abolitionists in the West Indies and
echoed in this country, it might be believed that
some very, violent measures had been proposed
laSt Session to the Legislathre. New Mr. Bux-
ton.cmttended :for no immediate interference with
the relations between master and slave ; he merely
rolled upon Parliament to come to a resolution
which won I d hold ant something like a well-found-
ed hope f' an emancipation at a distant
,period.
The prf.,it state of absolute slavery cannot
possibly have a long duration ;t and it is greatly
for the interest of all parties that the change
should rather be gradual than the result of n vio-
lent convulsion. Without, however,' some such
stimulus as a Parliamentary Resolution, it is to
be feared that the Planters will defer the pre-,
partitions from day to day and year to year--;
Pis Motion was not carried ; hut still the pledge,

given by Government, followed up as it has
been by Lord Bathurst's Letter, will, we are con-
vinced, be productive of much good. We are wil-
ling to make every allowance for the distresses
under which the t '4'estlndia Proprietors have long
strugg led, and are therefore not d isposed to scan too
nicely the language of the Resolutions passed in
the different Islands. We some time ago quoted
a passage from Resolutions about to be proposed
in Kingston, which have since passed, in threat-
ening us with a recurrence to some other power
for protection. This is too ridiculous to deserve
a moment's attention. 'We are at this time pay-
ing to the West Indians for the pleasure of pro-
tecting them, two or three times as much for our
Sugar as other nations pay. It will be' some!
time before they can find a nation willing to
afford protection at this costly rate. The West In-
dians complain bitterly that the A bsolutionists
have grossly misrepresented the condition of Negro
,;laves. if we may believe them, the Negroes are
better offthan the peasantry of any part of Europe,
well fed, well clad, neither over-worked, nor
unkindly treated!. This however, is certain-
ly making the most of things. It is really
offering an insult to our understandings to tell
us that the condition of beings liable to all
the caprices of Masters and Overseers, liable
to be sold for the debts of these Masters, the
children torn from their parents, the wife from
the husband, deprived of the power of ever see-
ing one another more—that the condition of
beings who are looked on as almost of, noodled'
species, is at. all to be compared with that
of European peasant*. Take even the !flwer
of the southern conntles of England, half fed,
and cowering in winter over a few embers, in to
climate where abendence of fuel is almost as ne-
cessary to tolerable existence, as abundance of
food—take ts;is being with only 3s. a week, for
food, fire, lodging, and rairnent,and his condition
is still very different from that of the negro. But
this is not the general condition of the European
peasantry, nor the general condition of the Eng-
lish labourer. Where the labourers have not
been deprived of their independence by a vicious
interpretation of the Poor Laws, their numbers
bear a proportion to the demand for labour, and
their wages are more equal to their necessities.
Who would for a moment compare the York-
shire or Northumberland Hind with the West
India Slave ?

[BRITISH Prt FM]
We have formerly stated the jealousy enter-
tained by Austria of the designs and restless am-
bition of Russia; and it is known that serious
differences existed between Alexander and Fran-
cis during their private meeting at Czernowitz,
though they were subsequently varnished over. It
now appears, by the last accounts from Vienna, to
the 17th of November, that Austria also is opposed
to the policy of Russia with respect to South Ame-
rica, and refuses to interfere in the affairs of the
New World ; merely offering its good offices to
effect a reconciliation between South America and

the. mother country—oflices, as Austria must
know under existing circumstances, equally use-
less and unprofitable. In fact (this paper adds,)
the Austrian empire, not having a maritime
power, cannot have the same interest in this af.

fair as Russia nod France ;—R,ussia, following
a system of opposition to the naval power of Eng.
land, while France must endeavour to repair the
loss of the. Isle of France and St. Domingo, and

n new markets for the immense produce of
er industry, especially in South America, where
Eng (this journal adds) has greater ad-
vantages than any other nation. Metternich is
stated to have sent secret instructions, in accord-
ance with this declaration, as the policy of Ault.
Erie, to the Austrian Ambassador at Paris and
Count Brunetti at Madrid. Thus, the designs
both of Russia and. France, if they were conceul.
ed before, are now completely unmasked in the
Austrian Journal. It is clear that this power is
jealous a►►d distrustful of the intrigues of 61165i1l
in Celt trill Europe, and of its deep and selfish de-
signs on the Turkish provinces, which adjoin the
Austrian dominians closely. But Russia has no
eaval power ,that is effective : she is just
as incapable as Austria of giving any ef-
fectual opposition to the independence of
South America. Linked closely with France
and S pain, the designs of both might be dangerous :
but decided opposition by our Cabinet, it is now
perfectly clear, will prevent any hostile attempt
by either ; and the Confederation is, in fact, al-
ready breaking up under the frown of England.
Frankfort Papers to the 30th, state, that efforts
are made to establish a course of exchange
in that city, for the, loan of Guebhard, but
without success. Even the house of Rothschild,
they say, had declined taking any part ; but this
may be accounted for from that house probably

wishing to take the loan upon themselves, Accounts
from Milan to the 30th Nov. mention a decree
in, the ()facial Gazette of Lombardy and Venice,
which is worthy of the ultramontane tyranny
that tramples on Italy. It orders a certain num-
ber of Italians, of whom a list is given, and who
have been absent for six years, to return on
pain of confiscation of all their property, and
being declared dead. This is tyranny. with a
vengeance! When the victims of despotism fly
from the fate that awaits.them to foreign lands,
they are compelled to return on pain of beggary and
ruin to themselves and their families., Many of
the exiles are distinguished, the account adds, by
birth and fortune ; some were in Greece, and
others in Spain. Accounts from St. Petersburgh,
to the 21st of Nov., state, that Wittgenstein, so
long in command of the Russian armies, and who
commanded that stationed on the Pruth, to attack
Turkey, had quitted the. A►utocrat's service, and
was succeeded by Ililaradowitz. The journeys
of the ambitious Autocrat, for the last twenty-
two years, in Russia anti foreign countries, are
calculated in the Petersburgh journal, and made
to amount to 88,000 miles. How much of all this
has increased the happiness of either Russia or
Europe ? What benefits did the journeys of the
restless and ambitious Charles V. bring to Spain or
Germany in his day ? Nothing but new wars and
attempts at aggrandizement followed his constant
travels'; and the policy of the ambitious Alex.
antler is the same, at an interval of centuries, and
when the situation of the world and' the human
mind is altogether changed.

LAW INTELLIGENCE.

COURT OF KING'S BENCH, DEC. 17.
SAVORT V. PRIM

. .
This was an action braight by the plaintiff,- who is a chemist
in Mond-street, to recover compensation in damages froni the
defendant, who. is . a chemist in Leadenhall-street, for having
prepared
and sold, without the plaintiff's consent, .4 medicine
known by the name of, Seidlitz Powders, for the sole manu-
facture -of which the plaintiff obtained a patent in the year 1815.
In the plaintirs specification three recipes were given for
manufacturing three articles, the ounbination of which, in cer-
tain quantities, would make the Schnitz PoWders ; but fraM
the evidence it appeared, that the articles for the manufacturing
of which the recipes were given in the specification, were
known previously to the taking out of the patent, and were in
fact nothing more than Tartaric Acid, Rochelle Salts, and Car-
bonate of Soda. - ,

His LORDslur was of opinion that the specification was
had, inasmuch as the patentee ought, instead of stating in his
specification the method of, manufacturing articles previously
well known, to have stated: the names of the articles, and that,
their combination would make Seidlitz Powders. In all speci-
ficatiims' the simplest and the shortest method of making the
.patent article should be stated. In this case he considered the'
patent void.—The plaintiff was nonsuited.

LAW v. POYIk:TER.

This' was an action brotight by the plaintiff, who is a mer-
chant in the City of London, to recover from the defendant,
who Li a private gentleman residing in Dorsetshire, compensa-
tion in damages for an injury sustained by the plaintiff's horse
through the negligence of the defendant's servant.
It appeared, that on the 22d November, 1822,. the plaintiff's
groom was riding through Cheapside, and leading his master's
horse, on the proper side of the street, when the defendant's
barouche drove up the street at a rapid rate, and came so Close
to the plaintiff's horse that the handle of the barouche lacerated
MS sidem So•neh that it became necessary to send him to a vete-
rinary taargeon, under whose care he remained for upwards of
two months at an 'expence of 20/. IN. to the plaintiff. When
this accident oceurrcd there were 0 feet between the off-wheel of
the barouche and the curb-stone on that side. The animal was
worth above 80 guineas, bu'ti in consequence of the injury, was
sold by public auction at Tattersall's, and only produced the
sum of 411. I2s. „ • •

Mr..slcAnt.uvr, for the defendant, called a witness named
Win. Wzinue, who swore that be drove the harouche the slay
the accident occurred; that the horses were hired for the day
front Mr. Bryant of the llaymarket, but the barouche was the
defendant's. The witness was one of Mr. Bryant's post-boys.
'Mr. SCARLETT submitted, that upon this evidence this ac-
tion could not be maintained against the defendant, because the.
allegation " that this injury. to the horse was occasioned by, the.
negligence of the defendant's servant" was not made out, as
IV-enact was the servant of 111 i. Bryant, and not of the de.
fenclant. ,

plaintiff; contended, that pro !lac vice
Aii:PiEltHo24, for the
Nirallace was the defendant's servant, inasmuch as be was under
the defendant's control, and was obliged to go in the, course
of that day to whatever place he might be ordered by the
defendant.
Mr. SCARLETT, in support of his objection, quoted " s*lrrluel
v. Wri ht,"G Espinasse, 253, in which case Lord Eilenbbrough
held, that where a Triton was travelling in. a post.chaise, and
an injury was sustained by a party through the, negligence
of the post-boy, an action' lay against the owner of the post-
chaise and horses, and not against the person travelling in
the coach. •
Mr. ransom said there was a great difli..rence betiVeen the

two cases ; because the person travelling post could not' be pre-
sumed to know any thing of the character of the post-boy r tut
when a gentleman an London hired horses in the way in which
these horses were hired, it was very likely that he would make
sante inquiry into the character of the person who might be
ordered by the job-masters to drive his chariot. • ,
His LORDSHIP said at present he could not seethe distinc-
tion between the present case and the case quoted by Mr. Scar-
I at.—Plaintifr nonsulted.
LLOYD V. DENT, M.P. • •
This action was brought by Mr. Lloyd, en ironmonger. in
the Strand, to recover the amount of a bill of 1851. 17s. sid.,
for putting up an apparatus for warming the green-house of Mr.
Dent, a banker bind member, of .Parliatnept, in liertford,street,
May-fair, with steam, and also for making various alterations
in a similar apparatus at Mr. I)ent's .cottage in the country.—
The defendant had paid 701. into Court, .and contended that
the plaintiff was not entitled to recover more.
The SoLiemon-CillliEnAL having opened the ease,
The LORD CHIEF J tun: ivE suggested the propriety of a
reference.

Mr. 11 hou o AM, who appeared for Mr. Dent, said his client
wrs, and had always betat, ready to abide by the result of a re-
ference; but the phuntiirrefused to refer to any one but an iron-
monger, which was rather hard.—(A laugh.) • . „
The SOLICITOR-GE/4EIIAL said, perhaps the defendant
would prefer a reference to a banker; Mr. Lloyd wished only to
refer to some one conversant with the subject.
The case then proceeded fig a short time, when
The . Lo cx.) Cut ur ;to rr ter again strongly recommended a
reference to a gentleman of the bar, which, at last, was agreed
to, and the cause was referred to Mr. Carter.

TUUNER V. WOOD, HART.
This was an action by the administratrix of a butcher, in
Bury-street, to recover HO/. 7i. (hi., for meat furnished by the
deceased, a butcher, to Sir Mark Wood, and for which repeated
upplications had been made in vain.

Proof Was given tout the meat was supplied, that a bill was
sent In and that the defeudant promised payment.
No dei'ence was offered, and the Jury found a verdict for the
plaintiff.

COURT OF COMMON PLEAS, DEC. 17,
POLICY OF INSURANCE.
11ANWARt1 v. nannr.a.
Mr. F. POLLOCK opened the pleadings.—lt was action, to
recoverfrom the defendant the amount of a policy'of insurance
effected on the ship Favourite, on a voyage from Kingston
Jamaica, to St. Domingo.. The policy. was effected at four
guineas per cent. The defendant had subscribed 200/. He
now said he was not liable ; and on that point issue was joined.
Mr. Scrjeant PELL stated the case to the Jury. It was no
immaterial circumstance in this cause, that,all the underwriters
had paid their share of the policy except tile defendant, who
now thought fit to resist this chum. Both sides were well ae.
(painted with the evidence that should he adduced, inasmuch
as this was the second time this cause had been tried. Upon
the loss having been sustained, and the other underwriters hay.
ing paid their share, the defendant 'was opPlied to, and he re.
-sisted the demand, on the ground that there was some doubt of
the ownership, and some difficulty was also set forth as to the
registry of the vessel. No human being supposed there was
any other objection, until an application w m as ade to the Court
policy
Iv"
effected.
heT
tlte (aura
vessel, sel, load
th
e
of Common Pleas for a new trtul, upon tho Irround.that a co.
loured, arid not a true representation, had ben given of the
vessel- at the time the
accordingly ordered that the point Shouhl be tried by Jury.
'This last point then was the only_one which they had to try;
for the effecting of the policy,- the ownership of
loss and value, must all be taken as admitted. Ile should call

- , e d witnesses that mkt, comp yco trovett nev' an con-
, cealed point which; had been set up?, and having done that, he
could not doubt of obtaining a verdict for his client.
Thoaias (Irimsdyke deposed, that at the time the policy was
effected on the ship Favourite, he was clerk to Mr. Potts. The
ship appeared in Lloyd's Registry Book. In January, 1821,
Evetts had underwritten the vessel for the defendant. Evens
Was broker for Barber. He was made acquainted with the cir-
cumstance of a change of master: of the vessel. This was ,the
second time Evetts had underwritten the vessel. Ile had never
received instructions to make any representations to him on the
subject. The premium‘was four guineas. This was the only
dispute on the policy.
GnAs-examinetl.—He had been abroad for some time. He
had been employed by .Mr. Prins, but was not now in bis
loyment. lie was not discharged on account of . any imputed
neglect or deceit towards Mr. Potts. Mr. Evetts sat in his box
at Lloyd's room when he. saw him. Upon his oath lie never
told Mr. Evens that the vessel was on her second voyage.
Ile never could have said so, for he himself had done the ves-
sel seven or eight times. He had never represented her as being
a new ship.
Thomas, Smith was next examined.—He stated that he was
an underwriter, and had underwritten the ship Favourite on the
voyage of 1821. His name stood before that of Mr. Barber.
Be had paid his sluice of the loss. Ile had received his pre-
mium of four guineas. At that time he considered it was a fair
premium. He had seen Mr. Evetts when the underwriters were .
called upon to pay their share of the loss.
Cross-examined.—He had been an underwiter for about
eleven months, when the policy was effected. Had -be known
she was a prize-vessel, he should not have taken so low tire.
He had had transactions with the last witness, Grins_
dyke, and lie should not believe hint on his oath.
Re-examined—lie had known Grinisdyke for three years.—
He had seen the defendant's attorney about two months ago.
Be had known Grimsdyke when he kept a tobacco-shop in
Broad-street, about ten or twelve months back ; he had' only
known him during the period he was with Potts, as broker;
and during that time he had formed that opinion of him • but
he never mentioned the suspicion to Mr. Potts, or told.'
him
that he had a clerk in his employ whom he should not believe
upon his oath: Grimsdyke once shewed him a risk from the
„Havarinali, on which he shewed hint the initials of an under- •
writer ; and being. asked whether that underwriter had signed
it, he answered, " Yes." In consequence of which, he witnes.s),
subscribed it.: Ile afterwards asked' that underwriter Whether
they were his initials? He said they were; but tliat he hail
not undertaken the risk.
A Gentleman of the Jury—And is this, Sir, all the reason
,you have for stating that you would not believe Mr. Grimm.
dyke on his oath ?
• Witness.:-.That's all !
G. 0. Carr examined.-..=Said he was clerk to Potts : he had
-applied to the defendant for his share of the loss, but he said lie
could not settle, owing to the want of a certificate of the registry ;:
in consequence of which the certificate was sent tbr to Bermuda.,
,This was attended with expence •and loss of time. He ,then;
brought the certificate to Mr. Evens,
and he said could not
settle it;. 'but lie did not say why. He had no idea that a niis-
representation was the defence he meant to bet up.
Wm.. Pratt deposed, that he had been engaged as deputy
and principal as an underwriter at Lloyd's, for upwbrds of
twenty years. Looking at the book, he should have considercd
four guineas a fair premium. •
Cross-examined.. Many American prizes are as good. as
any tbat navigate. ;Ile should have preferied many Ameri-
can prizes.to many British built ships. Ile should not have
formed his opinion as to whether the vessel was taken from the
Americans, but as to its condition. On looking at the book, he
found that the ship was nine years-old in 1821. If he bad been
told the vessel was a new ship, it would have made no differ-
ence to him. He had Underwritten this vessel three times be-
fore, and he should have preferred taking a risk on her to a ship
built at New Brunswick with black birch, and perhaps was rot.
ten before she was launched.

Serjeant VAUGHAN then addressed the Jury on behalf
of defendants, and begged of them to fortify their Minds.
against any impression-that might have been produced, by, a
farther trial. It was of no consequence to the defendant tnat
other underwriters had paid their share of the loss; if they_
pleased to do it, with their eyes open, the defendant had no.
,thing to do with the , nerves, or fears, or pockets of Other,
underivriters. lle contended, that there had been a most gross
and fraudulent Misrepresentation of the state of the vessel, and,
that the defendant was perfectly justified in resisting the tie-
mend. The Jury would have to consider the degree of credit'
they would give the evidence of 'AIL Cfrinistlyite, whom the
witness for the plaintiff declared that he should not believe
upon his oath ; .but in addition to this he should call three,
unblemished witnesses, who would contradict him essentially as
to the representation he' had made to Mr. Evetta on the state
of the vessel, and having done that, ho could not doubt of their
verdict. •

Mr. John George Evetts was then sworn, and deposed iat,on
may 0 Mr. thimsdyke came to him to his box at Lloyd's. Mr.
Andrews sat on his right hand, and Mr. Bunting opposite.—
When he offered him the risk, he asked him the character of
the vessel, to which Grimsdyke answered that she was a new
vessel, and that this was only the second voyage; upon which
he took his register out of the drawers to see whether it accord_.
ed with the description. Not seein_g the " Favourite, Thy-
ward," in the book, Mr. Andrews looked over the book, and
said, she was not entered; upon which Grimsdyke said again
he could
wageassur him this was only her second voyage. This
assurance itiven more than once. The witness then read
an entry which he stated had been made before he consented to
take the risk. The entry was, " Favourite, Hayward, Ja-
maica, St. Domingo, and back, 2001. on the ship ; Potts se-
cond voyage." Before he had- made the entry, Grimadyke
reminded him that lie had underwritten the vessel before.—
lie then subseribed the slip of paper, such as was commonly
used at Lloyd's. Had he known that the was a prize vessel,
he would not have underwritten her at that premium. Until
the register was brought to him, he was not aware she was a
prize vessel, nor did he know of Grimstlyke's misrepresentation.
Cross-examined..-„At thetime of the last trial, and now, he
had and has an interest, and per centago on the profits of Mr.
Barber. But in the present cause, as far as the policy was con-
cerned, he had no interest. He had never stipulated with Mr.
Barber for a per centage; lie had a positive agreement with Mr.
Barber's father, but had never made any stipulation with Mr.
Joseph Barber, nor ever received any remuneration. He had
received money from Stephen Barber and Sons, but not froth
Joseph Barber ; however, he was one of the partners.
In answer to one of theJury—After he had made the memo
-
Mullin, be did not !thew it to Grimsdyke to see whether it was
correct ;it was not customary'.
Mr. George Andrews deposed, that he was sitting in the box
with 11.1r.,Evetta, when tinmedyke told him that the ship was
going on its second voyage only. Ile was quite sure that had
passed. In his judgment, it would have varied the risk
materially to have been informed that the vessel was a prize
ship. . .
Mr. Bunting deposed, that he generally sits in the same box
with• Mr. Evetts; Mr. Andrews was in the box at the time.
Grimsdyke said she was anew vessel, and on her second voyage
only ,
Biretta made a memorandum in his book. He should
have no hesitation in saying, it would' have made a difference',
in the premium if it were known she was a prize ship.
Thomas Beaumen stated, that Grimsdyke had presented the;
risk to him ; he was the person whose initials had been on the
slip ; they were his initials, but were not written by him ; they!
were written by Grimsdyke.
Cross-examined—fle did not see the slip, and he knew ro.!
thing of the matter bid what lie heard from Mr. Smith. lie-
never acknowledged his initials to Smith to hare been written
by him.-
Thomas Ashton, an underwriter, stated, it would have made
a material difference in the policy if it were known she was in'
American prize. .
Herman Henricks,_
_an underwriter, stated, that it would have
made a material difference in the premium between the re-
Presentation in Lloyd's hook and the statement that she was new ship.
Rohert Bristol said he had been an underwriter for about
forty years. He would not have underwritten an American
prize at all. He was an enemy to them all,
she come f-
Mr; Serjeant PELL replied, and argued with great arcore upon the improbability that Ornrualyke ould hav
there a
was ttenlitot h a a d s
h beena
t r ow matte
o
ward deliberately to perjure, himself in a calm in which he hid
tniolepoi suaryibwleoiunitedrefsete
An
imputation on his character; but he was quite persuade.' that
foundationan
impeach his veracity.
When the Learned Serjeant had concluded his reply, the
Foremen of the Jury stated, that for soine time the jury had
had their minds made up, but that they were anxious some
observatione should have been made of •
on behalf Olll2ll.
dyke. They accordingly returned a verdict for the plaintiff—
Damages 1901.

ROM e, Nov. 29.—The Holy Father is em-
ployed 'in various improvements. Great hopes
are entertained from the choice of the Commis-
sioners' appointed to enquire into the administra-
-tion of the criminal .l le The celebrated TI1011"' WALSON) the worthy successore of CANovA, is
charged with the erection of a monument to
Pius
VII. The expellee is to be defrayed by Car-
dinal GoNsALvi, The price fixed upon is 20,000
crowns.

,

ASSIZE INTELLIGENCE'.

KENT WINTER, ASSIZES—MAIDSTOWF, Dtc. It
The fullowing charge to the Grand Jury was delivered]
Mr. Justice HOLROYD:—

Gentlemen of the Grand 'Jury.—Although the nninber
prisoners of the
,calendar Is very great, I am haPPY o°l
serve, that very many of them appear to be of a nature COrf
paratively trifling, and such *as,' had it not been for this coo
mission, would have been tried at the ensuing quarter sesslom
—Some, indeed I may say several, of these cases might bar
been tried at the quarter sessions, the commitments having he
early enough for ,that'to hare 'taken place. Such a proceediol
would have been very desirable, instead of the CMIC beini
brought to the assizes, because so many persons have thereb)
been detained in prison lOnger than was necessary, the Fr'
vention of which evil is one great object of the commission
and I recommend to the Magistrates of this county to attend
to this, and make their commitmellt so as that the cenr3e
of adjudication may be as speedy as circumstances 10146:
mit. (Vibe nurnerous case's to come before you, there are, I
trust, very feiv of an aggravated nature.; butthe great neither
of prisoners shows how very itnportant and how very belle.
volent is the Act lately passed by the Legislature, t<hich is
be carried into effect by the Magistrates. lam sure the MO'
traces have attended, and will attend, to the wise and Important:
and at the =Tie time humane provisions; for preserving it'
health of such persons as may be committed to priscin l'Ou"
rct those
orosealtflilasnothntheairt rbeegianrgdfitehreeriner=i:inoaftofed7l;
benefitcet4nl 1011 class
thess'rtsleer eos pbf. preventionarteget nid particularly
ySeotp rrt it
yactoutoawhich
eI
allude. t
d otlrmilas)tc.riinnttahvslt
hnticebrdeeerfxp'relaejtnr
eilasccthtintitcosii
teollo,Totlhifiug)t
entlelle etoe the sinelpicetaii
reie;nenet brsiooneuf greatertbC
at
the
in slit
ch
)'
one tcry
siwieaorbiulittilos hfce:saaUrlig')i superfluous; tsftioul acagesrdtnlebtrnooairtyg at:tb-rteplferore:seu you almost
at nad6
the
tt'hich it
may be proper to say a few words.
of time, for me to say any thing,
s" it may
turn out to be a question whether the crime of ulur"
has actually been committed. If 'several persons go out to•
gether, for the purpose of committing a capital felony> but nyt
intending to cointnit murder, or homicide, yet if murder ensue
in' the proseeution of the other capital offence, it is murder
one, and nntrder In all going out for the felonious purrog.
mention this as a principle of law, which may be useful tor/
in your consideration. There is another case, coming under
very salutary Act passed in the late King's reign—of etatil
'and stabbing, with intent to murder, maim, or do o°lue
grievous bodily harm: To support an indictment under that
statute, there must be proof of the pre-existence of sack
1:1
nit tdhlearet,cils
malice, as in case of the party stricken dying, would We
• constituted the crime of murder. If sudden heat of bloat
arise, and sudden provocalion or excitement, or any 0016.
Circumstance occur, to show that in case of the death of the
stricken it would hive only been manslaughter, that is not o
bcapital
I ted felony,unadnedr
thefhe
your consideration,
until to
tiler inquiry into it be necessary; I shall adjourn the
I' bills as
Manslaughter, it will then be for yon to ticcide, whether
.. fut.
my lodgings, Where I shall be happy to receive such
you may have to return:"
inusi.)htaairtct!itit etw.hiel
anh committed
t:cldiais}ll eip:avcsetenwbtee°iutnsideolflin
itirot

Dint;s
W iCe 17701171oi'Cinia01 anirlirliNCl:27Al art
t of ras
creu intentctasi:tsikiot e h len:twtionef:l,tlJ.lNtofl otc
knife,atsi ier 'licit*"
bodily harm.
ifiaacrnits,of the case have appeererl more thsn once in Till:
tb:a3ailt.nr.oHseru:tilers,mai sieuhr:efolnia,dotfakNeno.
SUN. The assault took place in the Royal Sovereign Steatit,
83,
then
examined as to the nature of the prosecutor's wound. He
eR
harm had been sustained. trilon this evidence, aunt
Mr. Justice PARK interposed, and told the jury they
,acquit the prisoner. The surgeon having' stated that thew eini'l'i;
were not of a nature to produce any gritrynni b°,(lilY herd net
Lordship. said be felt himself bound to say that the COQ
nen,
come within the words of die statute 'h the indict'
on V
was foitnded:
The Jury ',immediately returned a verdict of Nct Ciliftg:toa
Mr. Justice P.Aux then addressed time prisoner, anti lepi
him 'severely. His conduct, lie Said, was most Sispic.ctuetors
unpardonable; and he ought to thank God for his esci'pen'iper
the perilous situation in which his rash and SangniaarY tete,
had placed him. For the rou,liiidor of his days he ought „se
wtub
place, and grievoui boday
gratelnl to Proiidence for the fortunate turn which then'o,
had taken ; for had he been found guilty, the law won°
probably have taken its course. „ e
Williant Collier was indicted for stealing at 4'4211
on. the 11th September, a sheep, the property Of
Guilty. , . Jg
•
Matti,`.,! Smith was indicted for breaking and cnter,tle
dwelling of Mary Aim Pars, at East Greenwich, int'ltolio
time of the 12th October, no person being therein, and
various articles ofpiopeny to the amount of 30/.
The prisoner was found Guilty, and judgment of Pe'
recorded:

METEOROLOGICAL JOURNA

BY B. BANKS.
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le above eight da

loi.fstrjeoeste,phoflar
tFlienLehaudrcy Brim's. .._.., star-
on the 16th inst, die wife of Mr. Dodderslgr
ovitOtasn.ovrtih9n,egt4Qlillitehi: p Allison 13'
Yeiterday, the 17th inst., in Vork•Place, ' ill
of
Vie
31AII.RIED. sa, pi"
asn°ll7:ellE,r, Esq., of a son'
siinntalttialieceact(ol3urtinittrtiyYt,onfiitSidaiennolatfasnktteiri,lllll:llP:::it
At St. Mary.le.Strand, 3lr. C. M. Palnier? Mal P .
wine-merchant, to Caroline, eldest traugtr °
.......,..-"
Ea+, Allston.
On the 4th inst., .......-------- .p,
ile
DIED. of 1,13' ,
A few days ago, Mr. Joscpli !!Ituthews, ~, pi
iVavertree, near Liverpool ed 55 years. • 1.006"
,ag .. a 1,41 of
India, Lieutenant
Hay Mudie.to filr .?
i. 4 ea /1 f
At sea, on the 6th of August lot, in prof lire o 0
at her :IP ,a
j'a , 1
~ • :co.,
the recovery of his health, after a servitude.Le,,,, ~,,p) ,
be 1.7 IA
Majesty's 67th regiment of foot. bath, where Alci
On the 30th ult., 'in his 3lst year,.at `t'• C•
where
ired for the benefit of his health, l- • "
13, naiinghall-street

Printed_and Published for the
j
lirrlCE, 112, lit„,d, osvki-