The Sun.
London, England, 1841-11-03 00:00:00

DOYLE.

Mr. THESIGER had been instructed on behalf of Sir
Alexander Grant, M.P. for the town of Cambridge, to
move for a rule to show cause why a criminal informa-
tion should not be filed against Mr. John Sheehan,
editor of the Cambridge Press, and Sir John Doyle, for
using language calculated to provoke a breach of the
peace.
It appeared that in May, 1840, Sir A. Grant became a
candidate for the town of Cambridge, and on that occa-
sion Mr. John Sheehan, who was then Editor of the
Cambridge Independvat Press, inserted several articles
which wero highly derogatory to the character of Sri
A. Grant, and, as much depended upon the tone
of these articles, he should call the attention of the Cowl
to some of them. The Learned Counsel then read some
passages from the articles, in which Sir A. Grant was
called a slave-owner, a slave-driver, and a slave-trader,
and, as such; a respectable representative of the
Tories of Cambridge. He was also charged with
having witnessed the flogging of female slaves. The
paper was handed to Sir A. Grant when he was about
to address the electors on his return for Cambridge, and
he made some general remarks upon the charac-
ter of the paper in which they had appeared.
Between . that time and the next election Mr.

John Sheehan avowed himself the author of these
most scandalous paragraphs. At that election Sir
Alexander Grant, smarting under the feelings of
irritation and resentment, and extremely anxious, as
he was bound in justice to be, to clear himself in the
eyes of his constituents, expressed himself in warm
and strong language of the conduct of Mr. Sheehan.
He said had he known at the time the author of these
paragraphs, he might have told the electors something
of his history and life with which he was fully ac-
quainted, but if he told the truth he might
say what was libellous, and subject himself to an
action for damages. He also said that the
?aper was a blackguard one, and that he would
treat the writer in future with the contempt such
a fellow merited. In consequence of Sir Alexander
Grant's observations, Mr. Sheehan wrote him a letter, de-
manding a retractation of these observations, which he
deemed prejudicial to his character ; and in his reply
Sir A. Grant declined to hold any communication with
the person who had avowed himself the author of these
articles. On the Bth of July Sir John Milley Doyle ad-
dressed a letter from Newry to Sir A. Grant on behalf of
Mr. Sheehan, stating that he would wait upon him on
his arrival is London, and on the 17th of July Sir John
Doyle had an interview with Lord Granville Somerset,
as the friend of Sir Alexander Grant, his Lordship hav-
ing undertaken that office solely with a view to an ami-
cable adjustment of the matter. Sir John Doyle did not
attempt to defend the paragraphs, but maintained that
they could nit be considered personalities. Lord Gran-
ville Somerset remarked that during tile thirteen months

that had elapsed, Mr. Sheehan had not made any apology
or retractation, and that he could not call upon Sir A.
Grant for any explanation until that had been done. A
letter was subsequently produced by Sir John Doyle, on
the authority of Mr. Sheehan, stating that he had no in-
tention to reflect upon the personal honour or private
character of Sir A. Grant, but Lord Granville Somerset
did not think it satisfactory, and it was afterwards de-
cided to refer the whole affair to Sir H. Hardinge. Sir

IL Hardinge entirely acquiesced in the view of Lord G.
Somerset as to the unsatisfactory nature of Mr. Sheehan's
explanation, and the impossibility of his requiring any
satisfaction from Sir A. Grant until he had retracted
these offensive paragraphs. Sir H. Hardinge's letter was
transmitted to Sir John Doyle, who returned it, stating
that he understood Sir H. Hardinge was to be applied to
merely as a friend, and not as a referee, and he wrote
another letter at the same time to Sir A. Grant request-
ing him, as Lord Granville Somerset had refused to act,
to name a friend to whom reference could be made for
the purpose of obtaining the necessary satisfaction. Sir
A. Grant, in reply, stated that he had resolved to abide
by tho advice of Lord G. Somerset and Sir H. Hardinge,
and tkat if any steps were resorted to to provoke a breach
of the peace, he should place the affair in the hands of
his legal adviser. Sir John Doyle, on the 27th of July,
again wrote to Sir A. Grant, denying that gentleman's
right to offer any opinion upon a matter in which he was
so far personally concerned, and concluded by observing,
" as you seem to mistake both your position and mine
also, for I now make the case my own, I must for the last
time request that you will, within 24 hours, refer me to
some friend on whose judgment and responsibility you
can rely for the purpose of obtaining the necessary satis-
faction." There could be no mistake as to the object of

that letter, but the reply of Sir A. Grant was that he had
placed the matter in the hands of his legal adviser, and
would move for a criminal information the first day of
the present Term. Notwithstanding that announcement,
there appeared shortly afterwards in the Cambridge Press
a long statement containing the correspondence between
the parties, and a very inaccurate account of what had
taken place at the different interviews, and closing with
a letter highly defamatory of Sir A. Grant, charging him
with having beeh ashamed of an apology and afraid of
the alternative. The Learned Counsel then proceeded
ts) argue that he was entitled to the rule prayed for, Sir
A. Grant in his affidavits having denied the several alle-
gations urged against him by Mr. Sheehan.
Lord DENMAN—Itdoes not appear that Sheehan knew
anything of Sir John Doyle's letter, or that Sir John
Doyle knew anything of the publications in the paper ?
Mr. THESIGER—NO, my Lord.
Lord DENmAN—Then you will have separate rules
against each. I think there is foundation enough for
them.—Rules granted.
QUEEN'S COUNSEL

Mr. Commissioner LAW, after commenting in strong
terms upon the case, ordered him to be remanded for 11
months from the date of his vesting order.

IN RE JOHN C. ASHTON.

In this case the insolvent had been a coal• merchant,
.arrying on very extensive business at Blackwall. His
iabilities amounted to between 6,0001. and 7,000/.

It appeared by the evidence of a number of witnesses,
that he had written to several of the creditors stating
that he would require upwards of 10,000 tons of coals,
and referred for character and respectability to Mr.
Dodd, the solicitor, of Old Broad-street, and that his
wharf was worth 10,000/. This latter fact was denied
the insolvent, and Mr. Dodd,' in his examination, ad-
,nitted that at the time the creditors applied to him, he
:;ad made the insolvent execute a deed of assignment of
portion of his premises for a debt of 374/., as his cir-
cumstances were so distressed, he required that security
for his debt. He never informed the persons who applied
to him of this fact. _ .

Mr. Commissioner LAW said, that the representations
he insolvent made in the letters to the several creditors
vas inexcusable. lie should order the case to stand over
until Tuesday, and in the meantime' the special balance-
sheet should be amended, and other documents produced.

We believe w; may state, with little probability of
misrepresentation, that the following arrangement has
been made among the Queen's Counsel at the Equity
Bar as to the different Courts in which they intend to
practice:—
ROLLS' COURT.—Mr. Pemberton, Mr. Kindersley, Mr.
Tinney, and Mr. Turner.
BEFORE VICE-CHANCELLOR SHADWELL AND THE
LORD CHANCELLOR.—MF. Wakefield, Mr. Stuart, Mr.
Richards, Mr. Girdlestone, and Mr. Bethel!.
.BEFORE VICE-CHANCELLOR KNIGHT BaucE.—Mr.
Spence (and also before the Lord Chancellor), Mr.
Simpkinson, Mr. Boteler, Mr. Swanston, and Mr.
Cooper.
BEFORE VICE-CHANCELLOR WIGRAM.—Mr. Temple,
Mr. Skirrow, Mr.Whittnarsh, Mr. Sharpe, and Mr. Burge.
NEW QUEEN'S COUNSEL.
It is generally understood among the profession, that

in the course of the present Term the following gentle-

men, all of whom have been for some years in consider-
able . practice behind the Bar, tivill be made Queen's
Counsel :—Mr. Kenyon Parker, Mr. Koe, Mr. J. 'l'edd,
Mr. Purvis, and Mr. Lowndes.
EXCHEQUER COURT, Nov. 2. ,
GRAY V. PEARSE.

This was an action upon a bill of exchange for
3,4001. which was tried before Lord Abinger, at the
sitting's in London after last Term, when a verdict was
found for the defendant.
Mr. EneE now moved for a rule nisi to enter the ver-
dict for the plaintiff, or, failing VI that, for a new trial.
lie said the plea to the action was " that the defendant
made the promissory note to James Augustus Grant for
money lostat play. to the said J. A. Grant, and that the
said bill was endorsed over to the plaintiffs, without
consideration. At the trial the Lord Chief Baron allowed
it to be proved that in October, 1840, a Mr. Caldwell
called at the Albion Hotel, Brighton, and ordered a
t and a
dinner for three gentlemen to be ready on the 10th—that
en that day the same gentleman, .Mr. Pearce the de•
fondant,
rl person, who answered to the name of
Grant, did dine there, and afterwards drank very freely
it,,t`Fine and played at cards to a late hour—that on the
the same month the same parties were again at
the hotel, and t
up
and tpo tthna t
signoccasion
a
rw a
ai tsc r
aw a s
witness.called
Ile " so, requestedbu didl not see its contents, The
3,4001., has this otl•vs ;—"
paper was put into hands, and identified. It was a
inemorandum as fot'll Mr. Pearce having lost to
me
that sum, I hereby
payment of it until he
undertakeshall not to call upon him for
that he is in a condition have
first
given me notice
toltaay the same," and that was
signed " J. A. Grant."
rfurther allowed to be
proved that some time ago Grant levanted, leaving
he
many debts unpaid ; that
haodc, a about the
person to whom
a
17th, offered the bill to a
he was indebted, and that G
was a bankrupt in 1831, and the keepery, the plaintiff,
on Epsom Downs. To all of that he (Mr. E.) had ob-
jected at the time, and ho now contended that every part
of it was inadmissible. Nothing done or said by(4 "
could in any way effect Gray, the plaintiff,. neilherr rh.an:,
the Grant at Brighton at all identified as the Grant os
,
endorsed the bill to the plaintiff. The memorandum
was clearly no evidence.
Mr. Baron PARKE—You did not prove, consideration;
that you were called upon to do.
Mr. ERLE submitted not, for, strike out the evidence
of which he complained, and there was nothing left but
that some parties dined at Brighton, drank wine, and
played ; but how was it shown that the two Grants
were the same ?
The Cower were of opinion that as the whole of the
evidence was and could only be circumstantial, none had
been improperly admitted.—Bolo refused.
INSOLVENT DEBTORS' COURT. Nov. 2.
IN THE MATTER OF WM. RICHES.
The insolvent applied en his petition to be discharged.
It appeared that he had been a general agent and
canvasser for several mercantile houses, and induced
the opposing creditors to furnish him with a quantity. of
brandy and liqueurs, which he sold at a reduCed price
immediately after receipt. He had accepted accommo-
dation bills, to a great extent for a person named Bowse,
alt of which were dishonoured. No property was avail-
; able now to his creditors,

(Signed)

THE SUN, LONDON, WEDNESDAY, NOVEMBER 3, 1841.

CAPTURE OF A SLAYER.
(From the London GazeVe of last Evening.)
ADMIRALTY, NOVEMBER 1, 1841.
A despatch was this d received from Captain
William Tucker, the Senior Officer of her Majesty'

_ -
ships and vessels on the western coast of Africa, o
which the following is ft copy er=22/3
Her Majesty's Ship Iris, at Sea, tat. 5 deg. 28 nun. N.
lat. 0 deg 45 min. E., Aug. 5, 1841.
beg to transmit, for the information of tilt

Lords Commissioners of the Admiralty, the accom-

panying duplicate letter from Lieutenant Littlehalcs,
commanding her Majesi,y's brigantine Dolphin, ad-
dressed to Captain Nurse, the original of which wa:
forwarded by the Forester, but did not reach either

Captain Nurse or myself, reporting a most successful
and gallant attack and capture made by the boats o'
the Dolphin, under the immediate command of Mr
A. C. Murray (a mate of six year: standing), and Mr.
John F. Rees, second master. _ _ _

I have great pleasure in requesting their Lordship
attention to the fifth and sixth paragraphs, which re.
port most strongly the conduct of Messrs. A. C. Murra)
and J. F. Rees, and of John Smith (A. 8.), who liat
this day been invalided from the effects of the wound.
At the same time, I beg to add my approbation and
admiration of the conduct of those concerned, and of
Mr. Rees to state, that, since his arrival on this sta-
tion, be has twice taken a passage in the vesel I have
commanded, and proved himself a most zealous and
gallant officer, particularly in the destruction of th,
slave factories at Cerise°, by the boats of the Wolverine.
I have, &c.,
(Signed) WILLIAM TUCKER,
Captain and Senior Officer in Command.
To R. More O'Perrall, Esq., &e. &c., Admiralty.
Her Majesty's Brigantine Dolphin, off Elvina
Quito, at Sea, June 8, 1841. .

Six,--In having the honour to make a spechl re
port of the detention of the Brazilian brigantine Firm,
fully equipped for the slave trade, I trust you will ex-
cuse the rather lengthened detail of the circumstances
connected with her capture, as I have every reason to
hope it would induce you to make the strongest possi-
ble report to the Lords' Commissioners of the Admiralty
in favour of the two Officers in charge of the boats.
At daylight on the morning of Sunday, the 30th
day of May, being under easy sail off Whydah, with
the wind off the land, our head being to the west
ward, a brigantine was observed on the Ice bow ;

all sail was immediately made in chase, the stranger
soon after doing the same, steering to the south-
west. We at first. (probably in consequence of
being in shore, and having the 14nd wind stronger)
closed her so much as to rise the top of her hull,
but the wind getting light as we drew off, and the
stranger increasing her distance, I was induced, at
half past six, to dispatch the cutter and gig armed,
with Mr. Murray (Mate) and Mr. Rees (Second
Master), under the orders of the former Officer, to en-
deavour to come up with and detain the chase (evidently
a slaver), before the setting in of the sea breeze.
At nine we observed, from aloft, the boats appa-
rently pull alongside the stranger, her head being then
in shore ; not long after, I had the satisfaction to
see her bear up for the Dolphin, which had then
made all sail to the light sea breeze, just setting in.
Shortly after noon the brigantine pasted under our
lee, hailing, to say they bad captured her, after a resis-
tance of twenty minutes, with, I regret to say, the loss
of two seamen killed, Mr. Murray and one seaman
severely, and two others slightly, wounded.
On Mr. Murray's appearance on board, I found
that, after about two hours and a half pull, they had
come up with the chase, the gig being rather a-head ;
for which the vessel (having no colours flying), as
well as the lightness of the wind would permit,
bore down, opening a sharp and continued fire of
musquetry, which was returned ; when both boats,
after steadily reloading under their fire, cheered and
boarded on each quarter. Great resistance was met with
in the act of boarding, but little after Messrs. Murray
and Rees, with four or five men, had once got fairly on
her deck, most of the crew run below, firing their
muskets as they retreated. The bowman of the gig,
William Allen, A. 8., was shot through the heart in the
act of laying his oar in, and the bowman of the cutter,
William Jacobs, A. 8., whoa getting up the side.
I have great pleasure in calling your attention to
the conduct of Mr. Murray (Mate of six years' stand-
ing), who was the first to board, though he was
knocked back into the boat with the butt end of a
musket (which broke his collar bone), but imme-
diately clambered up the side again, in the act of
which his left hand was nearly severed at the wrist
with the blow of a cutlass ; another cut was made
at his head, which he fortunately parried, cutting the
man down ; this circumstance, together .-with Mr.
Rees crossing over at the same moment and cutting
down another of the party opposing the boarders on
that side was the occasion of her quick capture. I beg
to observe, that this is the second affair of this descrip-
tion in which Mr. Rees, a most active and zealous
officer, and who has been constantly away in the Dol-
phin's boats, has been engaged in during his set vice on
the coast, he having been one of the officers who landed
at Corisco, when that place was destroyed by Captain
Tucker, the senior officer.

I beg also particularly to mention the conduct of
John Smith, A. B. an old and first-rate seaman, who
has served on the coast in her Majesty's ships Ari-
adne, Brisk, and Athol, five years and a half ; be
was the first man to board with his officer, and was

engaged with three of the crew at once ; his right
arm being disabled by the blow of a cutlass, and
badly fractured, he continued fighting with his left ;
his life was saved through Mr. Rees cutting down one
of the three on him. Of the two seamen who
were killed, William Allen and William Jacobs
(A. 8.) the first was a very steady well•behaved
man, and supported his aged parents, who depended
solely on him, giving all his advance, and allotting
half of his pay to them previous to leaving England ;
the other was the smartest seaman in the vessel, and
a very well behaved man ; he has left a wife, to whom
be also allotted half of his pay.
I trust you will excuse my bringing to your notice
the circumstance that the cutter of the Dolphin is but
a twenty foot boat, having, at the time, only nine
persons, including the officer, in her, the gig only six ;
both boats were soddened from constant blockading,

and pulled very heavy, and that the crews bad
had a long harrassing pull of two hours and a half,
under a hot sun, without their breakfasts, after
a squally rainy morning, during which they were con
stoutly employed trimming and making sail. The
sweeps of the brigantine were rigged out, which pre-
vented the party boarding by the chains, thereby ren-
dering it much more difficult to get on board, or for
more than one or two to get up her side at a time, she
being as high out of the water as the Dolphin ; her
crew fired well, the shot falling in every direction round
and through the boats and amongst the people, they
themselves never showing above the gunwale of the
brigantine.
The Firme, a beautiful vessel (179 tons), lately
built at Baltimore, was direct from Bahia, and had
only just made the land, not having had communi-
cation. The regular official papers, with the Bra-
zilian flag, wire found on board, proving her to he
Brazilian property ; there were ten passengers not
down in the official list, two or three of which were
to remain at Whydah, and other places, as slave
agents ; they were all I fancy using muskets, at all events
they were handing powder up from the cabin, and to
persons firing from the stern scuttles in the cabin. 1
secured them, with the crew, hand and foot, and kept
them on bread and water for eight days, landing all at
Accra (except those necessary for condemnation), not
being able, through the heaviness of the surf, to land
them to the eastward.
In consequence of the crew of the prize keeping
always beneath the gunwale, and running below after
our people got on board, only two were killed ; one
set erely, and six slightly, wounded.
From the passengers we understood that the Cap-
tain and crew were determined not to he taken by
English men-of-war's boats, and had raid the greatest at-
tention to their arms, &c., during the passage.
I have,
ED. LITTLEIIALES,
Lieutenant Commanding.
To Capt. Nurse, Senior Officer, tacit Coast of Africa.
ADMIRALTY, Nov. 2.
With reference to the above despatch, the Lords
Commissioners of the Admiralty have signed a com-
mission dated the Ist of October, promoting Mr.
Augustus Charles Murray, Mate, to the rank of
Lieutenant,

By minute also, dated this day, the Board have
directed that Mr. John Fletcher Rees, Second
Master, be promoted to the rank of Master ; and that
John Smith, able seaman, shall receive a Boatswain's
warrant ; on their severally passing the required exami-
nations for their respective ranks.

A. «NEW HARMONY" IN PRANCE.
The venerable old Abbey of Citeaux, one of the
nest illustrious remnants of the middle-age splendours
if France, has just been purchased by an Englishman
iamed Young for the sum of 1,300,000 francs. The
ntention of this purchase, as announced in the foreign
journals, is to erect it into a model " Phalansterium,"
limn the plan of Owen's institution at New Lanark,
which has turned out so complete a failure. The
neaniug of the strange and newly-coined word by
which the institution is to be denominated, is that of
a large number of men or people consolidated to
-
other" in some undertaking ; " Phalans terium" being
.nerely a composite of the Greek word elscs),.es*
Phalans—a phalanx, and lerium, the latter part, being
merely a termination.
The " Phalansterium" is to be a receptacle for those
vho chowe to give in their adhesion to the principles of
Charles Fourricr, the French Owen. It is said that
n addition to the enormous outlay already incurred,
Mr. Young has likewise promised to lay out a million
of francs upon the establishment of the colony. Mr.
Young is spoken of as cc jbrlune jeune Albionnais,
who is as rich as the defunct Marquis de Carabas.
In the projected Association" (says a pleasant fettil
leloniste), " the young neophyte, or the neophyte
Young—it is all one in the Greek or the English—a ill
fling all the funds, and the rest will supply the re-
mainder. But he will else have the glory of being
able to say that it was he who created the first Pita-
linstetium in France."
The locality chosen for this institution is one
,f the most delightful in the south of France.
The village lies in a plain
_which is about four and a-
tail leagues from Beaune. About five hundred and
twenty people inhabit it, and in the centre of the vil-
lage is an ancient chateau surrounded by fosses which
ire bathed by the :waters of the Vouge. The hills in
the vicinity produce very delicious wines, known in fact
is the most delicate in Europe. The vines from which
.hese arc produced at Citeaux abound all over the
Cote d'Or, and the apple-trees are very abundant.
The magnificent old Abbey which is about to be
converted to uses so alien from the intetit;ons of its
primitive foundation, is one of the oldest in France.
..Its extensive buildings were founded by Saint Robert,
Abbe of Molesme, in 1098. The Order which resided
in the Abbey was instituted under the austere and
simple principles of Saint Benoit, who was fifty years of
age at the time of its foundation.
Citeaux, indeed, before the abbey-stones came to be
laid, was scarcely more than a frightful and almost im-
penetrable region, but Robert de Molesme, whose de-
termination of founding the Order was irrevocably
fixed, betook himself thither with his devoted troop,
and commenced by establishing the Order, on which
this Abbey afterwards rose, by making themselves cells
formed by the branches of tress, in the midst of which
they fixed their Oratory, where they prayed and sang
hymns.
But after the greatest troubles and afflictions Robert
de Molesme died, and Saint Etienne succeeded to the
pastoral rule. Nevertheless, day after day, some one
or other of this little saintly community died, and it
was almost on the point of.extinguishment, when one
day, a gentleman from Dijon, accompanied by thirty
others, arrived at Citeaux, and offered to enrol himself
and his companions in Saint Etienne's order. This
young man afterwards turned out to be the celebrated
Saint Bet nerd, who was then twenty one years of age.
From this day it dated its rise and glory. Year. rolled
on, and the Order grew numerous and powerful.
Queens and Kings, Princes and Princesses, came at
length to prostrate themselves at the feet of its pious
hierarchs, and to request their prayers. From this
solitary abbey planted in the forest of Citeaux, at tha
expiration of one hundred and fifty yeers, there had
sprung up throughout France no less than eighteen
hundred abbeys of this order.
The abbey had attained to its greatest eminence at
the period of the war against the Albigenses, at the
commencement of the twelth century, being then most
richly endowed, and governed by a mitred Abbot,
whose cruel saying at the siege of ißezieres is recorded
in history. " How shall we know," said the orthodox
soldiers engaged in this iniquitous crusade—" how shall
we know the heretics from the sons of the Church ?"
" Slay all," replied the sanguinary monster, " and
Heaven will know its own I"
In tire new " Plialansterium," each man's social con-
tribution must comprise one of these three things— ca-
pital, labour, or talent. Talent will supply the absence
of capital or labour, and reciprocally with the others,
just as at the social banquets of the Barrier des Martyrs,
the half-bottle of wine may be replaced by a " supple-
mentary portion" of veal, poulet, &c.
Already the prospectus of the new community has
been launched into the bosom of the Socialist ocean.
It invites all mankind in general, without distinction,
reservation, or exception, to betake themselves to the
Phalansterium, promising them " a sufficient minimum
of existence," through which they will be enabled to
pass hereafter days interwoven of silk and golden tissue,
and in brief to live as live.] of yore the monks of the
fat Abbey of Citeaux.