The Sun.
London, England, 1841-01-08 00:00:00

ass Ailed, we concluch: by repeating our hepe that the
improvement of the laws of the country—the interests
of trade—the promotion of talent, and a due regard for
the interests of the poor, will engage their attention in
preference to party scrambles for places, and party
disputes for the occupancy of office, which breathe of
any thing but patriotism.

FROM THE DAILY PAPERS OF YESTERDAY.
(From the Globe.)

The official returns of the Public Revenue, contained
in the Globe of yesterday, confirmed the anticipations
we were enabled to offer on the preceding day, as to
the results they would present. There is, as we stated,
an aggregate decrease on the year ending Jan. 5, 1841,
as compared with that of 1840, of 254,000/. ; but on
the quarter ending Jan. 5, 1841, there is, as compared
with the corresponding quarter of the preceding year, an
increase of 80,602/. The Customs present a decrease
on the year of 85,873/., and on the quarter of 398,3991.
This decrease has been occasioned by circumstances
which, to some extent, are causes of congratulation. The
abundant harvest with which Providence last year, in spe-
cial mercy, favoured this country, so affected the averages
as to raise the importation duties to an amount which
effects an exclusion of corn of foreign growth, and con-
sequently reduces the Customs duties, which, when the
markets are high, are paid on the importation of corn
from foreign countries. The continued high prices of
coffee, sugar, and other articles of colonial produce, have
also tended to diminish the amount of duties received on
the liberation of these articles from the bonded ware-
houses ; as purchasers for retail have been naturally un-
willing to make large purchases with a diminished de-
mand occasioned by the less quantity consumed by
the labouring classes. The Increased difficulty of
procuring articles of which, when the prices arc
low, the poor are the largest consumers, is
obvious, and the result on the revenue is equally
plain. A rapid improvement is, however, visi-
ble in our West India colonies within the last few
months, and there is now a certain prospect of obtaining
yet more abundant supplies from them of the articles
which have recently been supplied in lesser quantities at
an advanced rate of charge for production, while the po-
pulation were in a state of transition from forced to free
labour. We may therefore anticipate an improvement,
where there has been a deterioration in the revenue from
this cause. The same observations will apply to the dimi-
nution of revenue which the high price of tea has tended
to occasion. The amount of duty received on this ar-
ticle of constant and universal consumption is large ; and
has always been found to be in proportion to the facili-
ties afforded to the labouring classes to obtain it. The
disputes with China raised the price of tea to an en-
ormous extent ; and the result naturally was a greatly
diminished consumption, and consequently a corres-
ponding decrease of revenue. The anticipated perma-
nent arrangement of the dispute with China, and the
more secure and advantageous basis on which the trade
will henceforth be placed, will give an impetus to com-
mercial intercourse with that country before unknown.
These are advantages in which all will share, and from
which the revenue will in future be largely augmented.
(From the Standard.)

We are all one nation, with one interest, and that
one interest is best promoted by, as far as we may, equa-
lising and extending our industry and prosperity through
every part of the United Kingdom. And we have
urgent motives for doing so. England has now the lead
in manufactures, but she must exert all her energies to
keep that lead ; for the cheaper rate of living on the
Continent of Europe, and :the abundance of water
power, gives her continental rivals an advantage
which it will demand all her resources to combat
with success. The first and the most obvious of
these resources is to bring into use the idle popula-
tiort of Ireland, running to waste like their mountain
streams, adequate to put in motion 100,000 mills.
Sir Robert Peel, in reply to some dull Anti-Corn-law
orator, made the wise declaration that it is " neither
possible, nor, if it were possible, desirable for us, to
prevent the establishment of manufactures on the Con-
tinent, because, through whatever means our near neigh-
bours acquire wealth, we must profit by it." But if we
must profit by the wealth of strangers, it surely follows,
a fortiori, that we must profit by the wealth of our fel-
low subjects, who, besides the necessity of sharing all
our burdens, must, to a great extent, share with us all
their gains. Can any one doubt that the manufactories
of Lancashire, Yorkshire, Staffordshire, Ste., have en-
riched the rest of England ? and why shall not manu-
factories in Irish counties have the same effect ? We
have said enough, and perhaps, for one day, more than
enough, upon this subject ; therefore we must postpone
what we could wish to add as to the deep interest which
the agriculturists of England have in particular, that
Ireland be made, as far as possible, a manufacturing
country.

(From the Courier.)
We arc not amongst the number of those who, re-
joicing in the glories of the British arms, and the vindi-
cation of British honour, in the East and the far East,
would, with niggard hand, mete out that share of
meritorious participation in achievements destined to
historic renown, which corresponds as justly to the
head which conceived as to the hand by which exe-
cuted. The triumphs of Syria and of China redound
scarcely less to the honour and reputation of the Go-
vernment at home, by which in the first place the ma-
terials al ere prepared and combined, than of the gal-
lant officers and men of the sea and land forces em-
ployed, who have so nobly discharged the duties of
their mission and so pre-eminently re-established the
waning splendour of their country's fame. To the
Noble Secretary for Foreign Affairs it must be no mean
gratification to have his name associated side by side
with those of men so distinguished in arms as the
Gallant Stopford, Napier, and Elliot. Having our-
selves also, with some reservation only in respect of di-
plomatic forms on the preliminary discussions with
Franco, recorded our assent, and yielded our humble
support to the general policy of Lord Palmerston both
on the Egyptian and Chinese questions, it would ill be-
come us to withhold the frank expression of our opinion,
that when decisive action was deemed necessary, the
measures adopted for rendering it effectual to the end
were no loss skilfully prepared than promptly carried
out. In this award of praise to whom praise is due, we
do not forget that the East Indian Government and
the Admiralty may fairly claim to enter far a large
proportion ; for without their hearty co-operation, the
splendid exploits of Syria and Acre, and the diplomatic
" hungmaon," or
wthoeuld still remain to
yrpeadritbioenardasn,d”
ipnaocrificnevaicrtporeykionf,
be consummated But it must not be forgotten that
the efficiency of our glorious navy, as now in a great
degree restored, but previously mismanaged and
dismantled so weakly and perilously by the Whig Go-
vernment is solely and wholly the meritorious result of
the constant vigilance and persevering excitements of
the Conservative Opposition in Parliament, and of the
Conservative press without its walls.

COUNCIL CHAMBER, THURSDAY.

(Before Lord BROUGHAM, the VICE-CHANCELLOR, Mr.
Justice ERSKINE, and Dr. LUSHINGTON.)
CHRISTIAN AND WIPE V. GIBSON, ESQ.
Tills was an appeal from an order in Court of the
Lieutenant-Governor of the Is.e of Man.

It appeared that previous to the Yen; 1704, by the
Common Law of the Isle, the inhabitants had the right
to enter upon and dig for and carry away stone wherever
there was a quarry, upon the payment of a reasonable
and fair remuneration ; and that right was 'further se-
cured by an Act of Tynwald of that year. The appel-
lants were proprietors of an estate named Claughbane,
near the town of Ramsey, upon which there formerly
had been a quarry of excellent stone. In the Court
below, evidence was given that about thirty-six years
rgo the Court-house, the Church, and the Quay of
Ramsey had been built of stone brought from it. In
1813 the proprietors endeavoured to shut up the
quarry, and closed the road leading to it, but one of the
deenasters of the Isle, wishing to build, applied for leave
to take stone from it, and was refused permission. He
presented a petition to the then Lieutenant-Go-
vernor, who, after hearing all parties, granted
it, and ordered the Coroner of the District to
remove all obstruction to the free working of the quarry.
The plaintiffs then complied with the order, and opened
up a new road in order as they said to prevent the
deemster from using the old one. It appeared further
that in 1815, the proprietors of Claughbane were deter•
mined to shut up the quarry, and planted it all round
with trees, as also the road made in 1813. In 1838
the respondent bought a large piece of valuable building
ground in the neiighbourheod of Ramsey, upon which
he determined to erect houses, and as the Claughbane
stone was so superior to any other in the neighbour-
ihe
voaonrtl ,e
dh,e
oafp
courselied forp lne at vhee
pt
aoy
nt
lacknet
ofwhat
ea s
oqnuaabnl
et ty
com-
pensation, but leave was refused. As it was of much
importance to him, a mason having offered to build 21
per yard cheaper with that stone than any other, he
presented a petition to the Leiutenant-Governor, and
obtained its prayer, and from that judgment the plain-
tiff appealed.

for the a
The ATTORNEY-GENERAL and Mr. Parker appeared
the Act relied upon, parties had a right to stone onlyellants,
ppellants, and contended that according to
from the most convenient quarry, and it was in evidence
that there were many situated as conveniently fur the
purposes of the respondent as that of Claughbane.
Besides it was in evidence that the quarry had not been
opened during a period of upwards of 21 years, and
therefore in law it had ceased to be a quarry, and the
right, as land, had reverted to the proprietor.

•
Mr. Sergeant MEREWETHER, and Mr. Campbell,
appeared for the respondents, and contended that the
judgment of the Court below was in strict accordance
with the law of the Isle of Man, and of all the prece-
dents ; and as to time, it was clearly laid down in the
books that a quarry was a stone mine, and that once a
mine always a mine.
The Court was cleared, and after an absence of half
an hour parties were recalled, when
Lord BftouGua.m said the Court had decided that
the judgment of the Court below was good, and ought
to be affirmed with coats.

C6NTRAL CRIMINAL COURT.

OLD COURT.

Pierre Francois 'Pitlpin47, 40, was indicted for felo-
nioesly stabing and wounding David Santer, upon the
high seas, and within the jurisdiction of the Admiralty
of England, with intent to murder him.
Mr. Payne appeared for the prosecution and Mr.
Clarkson defended the prisoner.
Mr. David San ter deposed that he was master and
part owner of the brig Hannah, of Dundee. In the
month of October the vessel was on her way to Fal-
mouth from Odessa, and when she was off Cape
Figuiera the men were turned out to work, and the
prisoner, who was one of the crew, was ordered to tar
the rigging. He did so in an improper manner, and
witness told him io do it properly, and not destroy the
property. The prisoner called him a vagabond and a
big rogue, and refused to do what he was told, and at
the same time said he would do for witness. Witness
then ordered him below, and told him he would
rather want his work than be always bothered
with him. Tile prisoner refused to go below,
and repeated that he would do for him. Wit-
ness then called a man named Mackay, and told
him to take the prisoner below. Mackay and another
man, named Watson, refused, and the prisoner said he
would not go below, and abused him ; and witness at
length struck him with his right hand, and knocked him
down on the deck, under the starboard catbead. There
had been a combination among the men in the ship since
the Bth October, and one man was in" loose confine-
ment" on account of that combination. The men came
upon deck, and made a great noise. At the same mo-
ment the prisoner stabbe him in the belly with a knife,
and he was severely wounded, and his bowels protruded.
He crawled down into the cabin and laid down on his
back, and his wife and his mate tried to get the bowels
hick, and they strapped the wound over with plaster.
The wound was not yet healed, and it was not expected
ever to be so properly. The prisoner was then placed
in confinement in the forecastle, where he was kept for
a month, and until the vessel arrived atFalmouth, which
was about a month afterwards. Two or three minutes
elapsed between the time when he struck the prisoner
and his being stabbed.

By the COURT—There was no struggling or fighting.
Witness knocked the prisoner down, end he lay upon
the deck, and he then ordered the other men to take
him down below, and they refused. The men had been
very violent, and he considered his life in da►,ger.
Cross-examined—The crew consisted of eleven per-
sons besides witness, whose wife and child were also
aboard. I only gave the prisoner one blow and a kick
with my foot before he stabbed me. I will swear that
is all I did to him. I did not give him two blows, and
I never heard him cry " murder ;" if he had I must
have heard him. I kicked him just as he went over
on the body, but I never kicked him on the face. I
believe I was on the deck in the morning after the oc-
currence, and did my duty, but I was not able to do it.
The vessel was navigated afterwards by my orders. The
prisoner shipped with me as a Belgian—the rest of the
crew was composed of Englishmen and Prussians. I
did not keep the ruen for 21 days on rotten beef. I
remember a complaint being made by the crew at
Odessa, about some maggots being in the beef.
I told the men I could get no better provisions, and
that it must be eaten. It was only the top of the
cask that was bad. I ate the same myself. I never
told the men to starve, and be d—d. The crew did
not tell me while I was kicking the prisoner that I should
kill him. I did not say " d—n him, I will kill him, for
he has been upon me all the voyage." The prisoner
went down into the forecastle of his own accord, and
t.l2e hatch was lashed down with a chain, and he was
kept there until the vessel arrived at Gibraltar, where he
was put in irons. He was there five or six weeks, and
during that time he had a quart of water and two bis-
cuits per day, but sometimes he had more than that.
They were Russian biscuits, and weighed more than
half a pound each. 1 don't know that the prisoner
was obliged by hunger to scrape up some linseed that
formed part of the cargo, and to eat it. I believe that
he did eat some linseed. One of the crew begged me
not to treat the prisoner as I did, for I should kill him.
Before the prisoner struck me I called him a -- va-
gabond, and a-- rascal. The prisoner did not say
to ine, " If you treat me as a captain should, I will do
my work as well as any man ;" neither did he tell me
to keep my hands off him, and he would do all that was
required of him.

ite-examined.—He never complained of the beef
while they were in port, and they could have gone on
shore and complained to the authorities if they pleased.
By the COURT.-4 did not see any knife in his hand
whe❑ he stabbed me. I had seen him working with a
knife in his hand a short time 'oefore.

We'llham Lunn, the mate of the Hannah, proved that
on '24th of October he heard the captain complaining
of the way in which the prisoner was tarring the rigging,
and the prisoner refused to do it the way he told
him, and the captain struck him, and they fell to words
together, and he heard the prisoner call out murder
several times. Shortly after this witness went down in
the cabin, and found the captain lying on his side, and
there was a wound in his belly, and his inside was hang-
ing, out, and witness assisted to replace it, and plaster
up the wound.
Cross-examined.—The captain was lying down on his
back in the cabin. I cannot tell how many blows the
captain gave the prisoner, but he hit him more than
once. -I don't know how many times he kicked him.
They were beating each other all the time. I had the
charge of the bread on board, and while the prisoner was
battened down on the forecastle, I gave him two his.
cults, and sometimes two and a half a day, with a quart
of water. He was confined for seven weeks. The
prisoner had three quarters of a pound of biscuit every
twenty- four ~hours, and that was the allowance ordered
for him by the captain. I only gave him what the cap-
tain ordered.

Thomas Mackay deposed that he was carpenter on
board the Hannah, and he remembered the quarrel
taking place. He heard the captain call the prisoner a
rascal, and tell him to lay down the brush he was tar-
ring the rigging with, and the prisoner replied that the
captain was a -- rascal for using litn as he did. The
captain struck the prisoner directly, and knocked him
dawn ; and, as he was attempting to rise, he knocked
him down twice more.

Cross-examined.—One of the men came up, and
begged the captain not to strike him again, or he would
kill him, and the captain replied, "-- him, I don t
care ; he has been on me all the voyage." The captain
was going to strike the prisoner a fourth time, when he
drew out his knife, and they met each other, and
the captain was cut with the knife. The cap-
tain then ordered the crew to take the man
below, but they said that it was not neces-
sary, for he was so much hurt that he could
not stand on his feet. The prisoner, as soon as he
could get up, walked down into the forecastle, and I)
was fastened in it. He considered that the prisoner
was most brutally used by the captain. One of his
eyes was completely closed up, and he could see v ry
little out of the other. He was both beaten and kicked
in the face by the captain, while be was lying on the
deck. He screamed, " Murder," and it was then that
Watson went to the captain, and begged him to desist.
Witnes saw the prisoner eating linseed and water,
while he was confined. He considered that at the time
the prisoner stabbed the captain, he was about to strike
him again. The prisoner was a quiet inoffensive roan
on board the vessel, and was a good seaman. He had
heard that he was formerly captain of a vessel himself.
Mr. BanoN RoLvs: remarked that this was hardly
evidence.

A seaman, named Watson, was then examined, and
his evidence was of a similar tendency.
George Julian, a constable, at Falmouth, delposd
that he went on board the Hannah when she arrived at
Falmouth, and took the prisoner into custody, and
asked him for the knife, and he replied that it was n
his box, and witness searched and found it there.

Mr. Cornish, a surgeon, carrying on business at Eli-
m outh. deposed that ho examined the wound in the
prosecutor's side. The muscles had healed, hut a por-
tion of the intestines, about the size of a walnut, pro-
truded. The wound :appeared to have been about an
inch and a half in length.
Mr. CLARKSON then addressed:the Jury on behalf of
the prisoner, and contended that it was time bruit! attack
that was made upon him by the Captain, that was the
cause of his using the knife in his own defence.
Mr. Baron ROLFE, in his address to the Jury, com-
mented upon the circumstances of the case, and said
there could be no dou'>t but that the prisoner had re-
ceived very great provocation before he made use
of the knife. The conduct thtit was pursued to-
wards him after the transaction, by confining him,
and half-starving him, was quite unjustifiable on
the part of the captain, and he was liable to
be indicted for it. The Jury, however, had no-
thing to do with that part of the transaction, because
it took place subsequent to the wound being inflicted,
and the only question for them to consider was, wheth,er
the injury was inflicted under such circumstances as
to justify the present indictment.
The Jury found the prisoner guilty upon the third
count, charging time intent to be to do the prosecutor
some grievous bodily harm.
Mr. Baron ROLFE then sentenced the prisoner to three
months' imprisonment.
Mr. Sergeant Arabi❑ sat in this Court in the even-
ing, but no case, of any importance was disposed of.

POLICE IN TELLIGENC E.
GUILSHALL.

Richard Jarvis was charged before Mr. Alderman
Johnson, with fraudulently obtaining goods from Mr.
John Calvert, of No. 49, Whitecross•street.
The prosecutor stated that Jarvis had been in the
employment of a customer of his, named Watson, and
he was in the habit of calling at his shop for various ar-
ticles, by Mr. Watson's order. About nine weeks ago
the prisoner left Mr. Watson's service, and since that
time had obtained a great number of articles in the name
of his former employer, the orders for which were
found, upon inquiry, to be forgeries.
The prisoner, who declined making any defence, was
fully committed for trial.