The Sun.
London, England, 1841-01-04 00:00:00

SPIRIT of the PUBLIC JOURNALS

FROM THE EVENING PAPERS OF THIS DAY.
(From the Globe.)

We have seen a'gentlecnan who has arrived from the
scene of election excitement at Walsall, where he has
been actively engaged concerning the election through-
out the past week, and we are happy to have his
assurance that there is a most reason stile prospect of
defeating Mr. Gladstone under all the disadvan-
tages of the recent change of candidates, &c. It is
represented to us that a section of the more moderate
portion of the Liberal electors demur against rallying
round Mr. Smith, in consequence of the proceeding
of the Anti• Corn-law League towards Mr. Lyttelton.
Whatever opinions may be held regarding the pro-
ceeding referred to, now that Mr. Lyttelton is out of
the field, it would be madness in any Reformer to suffer
his personal displeasure with the League to promote
the election of Mr. Gladstone. We are told that Mr.
Smith commands support which had been denied to
Mr. Lyttelton. If this be true, the particular friends
of the latter gentleman, have only to add their support
also to obtain for the present Liberal candidate a greater
amount of aid against Gladstone than they could have
brought against him under their original candidate.
The election is too important to be frittered away by
differences concerning the past. Let by-goner be by-
gones, we would say to our hiends, and unite heart and
soul to prevent the return of another vote for Lord
Stanley's Disfranchisement Bill. Although we may
not fully coincide with Mr. Smith's opinions upon all
points, we are well convinced that he is upon the whole
a good Reformer, and one who, from his station, talents,
and pursuits, is well suited to the representation of a
manufacturing borough like Walsall.
(From the Standard.)

Who are the Members of the Conservative demo-
cracy ? Orangemen ? Doubtless, for they are men of
tried faith, loyalty, and patriotism. Persons who at-
tend Exeter Hall meetings? Doubtless, again, for they
are generally zealous Christians ; but the Conservative
democracy comprehends more than these—it compre-
hends all who value the blessings of the British consti-
tution in Church and State, and who will defend these
blessings and transmit them unimpaired to pos-
terity. All who will maintain existing institu-
tions
as necessary to the constitution in Church and
Sate, who will maintain existing interests as neces-
sary to justice. These are the Conservative de
mocracy, and we will tell the Globe where to find them.
It might be too much to ask a Whig-Radical to attend
Conservative meetings, still harder to invite him to our
crowded churches ; but no objection can be offered to
an invitation to the hustings. A majority of the repre-
sentatives of Great Britain are Conservatives, Conser-
vatives returned by reformed constituencies. By whom
are they returned ? By the Conservative democracy,
and by the Conservative democracy alone acting upon
its own independent principles. At elections
we now hear nothing from Conservative candi-
dates of this party or the other party, of
this statesman or the other statesman. No, we
hear professions of attachment to the constitution in
Church and State, of promises to maintain all men in
their rights ; and in proportion as these professions and
promises are strong, unequivocal, and held to be trust-
worthy, is the success of the candidate. True, profes-
sions and promises made at the hustings have not
been always respected in the House of Commons, but•.
the fault here lies with the traitor, not with the be-
trayed, unless we bestow confidence a second time
upon the unworthy. The next general election, how-
ever, we suspect, will acquit the Conservative democrat;
of such trafficking with treason.
(From the Courier.)
The Walsall election is a cup of bitterness overflow-
ing for the Chronicle. Its friends of the Anti-Core-
law League, worked up to desperation by Chronicle Anti-
Corn-law articles, and excited by Chronicle applause of
the lucky hit, entered into a solemn covenant some time
since, to run their own particular cattle for every bo-
rough in the event of a general election, or where a
casual vacancy should occur, unless the windy coursers
who should chance to start in the Whig interest would
enter into pledges, too stringent for backsliding, to go
in Anti-Corn-law harness, and with despera-
tion so reckless, as, in case of Whig recusancy,
to help to upset the Ministerial omnibus. The va
cancy for Walsall is, we believe, the first open field
presented to the leaguers for the trial of the covenant,
and the Hon. Mr. Lyttelton having announced himself
a candidate on the Whig, with Mr. J. N. Gladstone on
the Conservative side, a trio of Anti-Corn-law
trampers was dispatched from Manchester to catechise
both, and to save thea good people of the borough the
trouble of thinking and deciding for themselves b)
taking the nomination into their own bands exclu-
sively. Tho test was first put to the juvenile represen-
tative of Whiggery, who, with something of a disposi
tion to stretch a point, could strain conscience no fur-
ther than a promise to " vote for an inquiry into
the Corn-laws," a promise, of course, not at al,
to the satisfaction of your " go the whole hog" men,
who would hang first and try the case after. So Mr
Lyttelton got his discharge, and made his exit with
much more despatch than his entrance. Upon which
the Chronicle waxed as furious and frothy with the
League as if itself non cognizant and non-approver of
the covenant beforehand; its logic in of being, as
seen now when put to the proof, that the Corn-law ques-
tion—that question of questions—that question of life
and death in its eternal verbiage of Anti Corn-law
discussions hitherto—is, in fact, a very secondary ques-
tion in comparison with the existence of Whiggery,
and of the Whig patronage resulting of which it is so
large a recipient ; a question not to be dreamt of carr)-
jeg except through the portals of Downing-street.

A report prevails in military circles that Lord
Hill is about to retire from the Horse Guards, and that
the post of Commander-in• Chid will be put in commis.
sion. We have not been able to obtain iniormation
which to justify our confirming or contradicting the
rumour. Recent circumstances, which have become
matters of public notoriety, and for which Lord Hill has
been severely cenmred, have been mentioned as grounds
of the report.—Glebe.

CANTERBURY ELECTION.— We understand
1-1. P. Gipps, E•q., has withdrawn as a candidate for the
representation of this city, and that the Hon. Mr. Smythe,
son of Lord Strangford, intends to come forward.--Cart.
tcrbury Journal _ _

The Hon. E. J. Stanley, Secretary to the Trea-
sury, is expected to arrive in towel to-mot row, to resume
his official duties.

REPAIRS OF THE TEMPLE CHURCH.—For
some months past extensive repairs have b; en in progress,
both in the circular nave and the choir of this remarkable
structure. The admirers of ancient architecture will hear
with satisfaction, that not only the substantial reparation,
but the decorative portion of the edifice is to be restored
with true antiquarian feeling. To give an idea of the
proposed restorations, it may be sufficient to observe that
the arches of communication between the round church
and the choir have been opened, the effect of which is very
striking. In the former portion of the building. a circu-
lar wiwlow over the western door-way has been uncove►ed,
Well is found to be occupied by wlienl-formed tracery, in
design greatly resembling that at Parfreston, Kent, and
helping to fix the date of that curious structure. The
marble columns of the church are to be polished, after
the removal f the gueeessive washes which have for many
years so greatly injured their appearance. The ancient
level of the floor is to he restored, and the choir entirely
fitted up, to correspond with the architecture and age of
the edifice. The organ will be placed in a separate cham-
ber built outside the main building, and communicating
with the interior by one of the windows of the church,
from which the glass has been removed.—Gentleman's
Magazine.
PRUDENCE OF A DEBAUCHEE.---Charles
never permitted the revels of the night to be referred to
on the following morning. By this means he in some de-
gree prevented the over-familiarity of his less eligible as-
sociates, and put a stop to expectations that he might have
held out in the hilarity of the moment, and the over-ful-
ness of his heart. Aruorg his boon companions, also, he
seems to have been more on his guard than might have
been expected. To one who impot tuned him for a favour
in one of his jovial moments, " You had better," he said,
" ask Me piny to•morrow,"

LAW INTELLIGENCE.

SHERIFFS' COURT.
STANLEY V. ZIEUKIEWICZ.

In this case Mr. MILLER appeared as Counsel for the
plaintiff, a printer, residiing in Craven-buidings, Strand ;
and Mr. Innis, an attorney, attended on behalf of the Rev.
Dr. Zieukiewicz, the defendant, who is a Roman Catholic
clergyman and a Polish refugee.
This action was brought to recover the sum of 191. odd,
for printing several numbers of a work called, " The His-
tory of Poland," and the defendant had paid 2/. is. into
Court, and pleaded payment as to the remainder.
Mr. MILLER stated that the defendant had employed
the plaintiff to print a " History of Poland" in weekly
numbers, at threepence each, or in monthly shilling
parts. Ile proposed bringing out the work in shares.
The printing of the numbers, it was agreed,
should be done for 21 15s. per week, an 4 the
plaintiff was to take two shares of 11. each in the work.
After the publication, however, of the first monthly ptrt,
the plaintiff found that be could not go on upon these
terms, arid it was then arranged between him and Dc.
Zieukiewicz, that ha should be pai,i in full fer the futurt,
printing, although Isis name should continue assn,; the
list of shareholders. 'lhe plaintiff likewise piin:cd some
fancy wrappers for the defendant, and had ma to some
considerable corrections in the History at the doctor's re-
quest, which items amounted in the whole to the sum
azimed.

A compositor, named 8411, in the plaintiff's employ,
proved the work done, and said that he heard the defend:Alit
omise, on his " cooscionee," to pay the plaintiff s de-
mand in as short a time as possible. Dr. Zieukie %icz
complained of not being able to get in the money for the
first part of the History of Poland until the second part was
in the hands of the booksellers.

Other witnesses proved admissions of the defendant of
his liability.

►Mr. Innis put in the receipts, identified by Ball, which
acknowledged cash payments to the amount of 01 195.,
shares 131. 125., and 10s. for advertisements, which he
contended more than covered the plaintiff's demand. The
doctor, however, valued his reputation more than► his life
and as ho was excessively tenacious of his character, Le
( Mr. Innis) had paid 21 Is. into Court, in the hope that
it would put an end to the litigation, although the plaintiff
was not entitled to a farthing. He should prove that the
defendant received a stipend of only 261. per year from the
Polish Association, and that he had been induced by the
solicitations of several friends and the plaintiff to write a
History of Poland, the expenses being undertaken to be
paid by those nho advised him to commence the work.

Mr. Innis also submitted that the plaintiff, as one of thc.
partners in the work, could not sue his co-partner, the
defendant.

The UNDER. SHERIFF said that the defendant had given
no evidence of a partnership having existed.
Mr. MILLER then made some severe strictures upon the
"conscience" of a Roman Catholic priest, as illustrated by
the defendant's non-performance of his promise ; and said
that the income of Dr. Zicukiewics had been misrepre-
sented, as, in addition to his allowance as a Polish refugee,
he could obtain a considerable sum for discharging the re-
ligious duties of a Roman Catholic priest.
The UNDER SHERIFF havinc, summed up, the Jury, with-
out hesitation, returned a verdict for the plaintiff—Da-
mages, 151 17s.

Mr. Clarkson—We are ready to go fully into the
case at this moment, with the exception of which I
have alreidy spoken. Is it the wish that we should
do so?

Sir PETER LAURIE.—There is no occasion at all.
I shall remand upon my own responsibility, if I am sa-
tissed on the points of which you have spoken.
Mr. C. Phillips-9 min who is supposed to have
witnessed the loss of the Dryad, is supposed to be on
board the Rodney, up the Mediteranean. Is that suf-
ti,ient to justify a remand for such a length of time,
and a refusal to take bail.

Mr. Bodkin—We have communicated with his fa•
to 'v, and we know from his wife that he is on board
iii Itldney. We have searched the ship's books and
we find her account is correct, and we have the mate of
the Dryad here, who will prove that the man was on
board that vessel.

Mr. C. Phillips and Mr. Humphrey, wished to have
fly! depositions which had already been taken, in order
to apply upon them to the judge for the purpose of
bailing the prisoners.

Clarksin s rid it was understood when the charge
ea; first made that the witnesses should be required to
state no more than was considered necessary to justify
p,,,tponetnents until the whole of the evidence should
ready. Mr. nobler, probably had entered M his
boA no more than a mere outline of what bad beer,
stated in conformity with that understanding.
Mr. nobler said, that what had already taken place
had been stated in a rapid and infbrmal manner, but he
bad, he }relieved, taken down the leading features.
Sir PETER LAURIE—Dees the mate, who has al-
ready given evidence, know that the seaman was on
board the Dryad ? -
Mr. Carkson—We were just going to call him to
give_eviilen2e to that effect.

Here it3wianti Maxwell, the mate of the Dryad, was
and upon being shown the name of the seaman
ir. the Admiralty letter stated that that seaman was on
board the Dryad with him, and he believed subsequently.
Mr. Clarkson said that the prosecutors had used all
necessary diligence and activity to obtain witnesses, as
the solicitors could prove.
Mr. Phillips (the solicitor) stated that in addition to
what had already beets stated, placards had been exten-
sively issued in the seaport towns, offering a reward of
101. to any seaman who would come forward to give
evidence that he was on board the Dryad when she was
lost.

Mr. Kelly, a person employed for the prosecution,
stAted that he had traced out the relatives of the boy
who was stated to have been on board the Dryad when
she was lost, and was at present in communication with
the boy's father, who was assisting him in the search.
It had been ascertained that fre boy had been seen in
Liverpool a fortnight or three weeks ago.
Sir P. LAURIE said he knew well how difficult it was
to get hold of witnesses so liable to be scattered about
the world.

Mr. C. Phillips—The prosecutors cannot surely
find any difficulty in procuring witnesses when they
could fix upon the sisters of the prisoners themselves.
Mr. Kelly (the witness) said that a seaman who had
been on board the Dryad when she was last was also
expected in about five weeks.

Mr. Bodkin said it might be necessary to apply to
hive the prisoners remanded still further. They must
ri main in prison until the arrival of the necessary
wit-
nesses. In a MC of felony if it were proved that u
iiocessary witness were in Russia, it must be remanded
until the witnesi should have time to return, after due

Mr. Clarkson declared that the case against the
prisoners was a great deal stronger than it was supposed
to ba from the evidence and statements already pro-
duced. It we have the evidence required before the
time appointed thr the final examination we shall give
notice to the solicitor for the prisoners.
Mr. C. Phillips—Very well. In the meantime we
shall apply to a Judge to take bail,
Sir PETER LAURIE.—I hope you will, a Judge may
do what I do not consider myself at liberty to do. IX-
pend upon it that I shall not consent to take bail in
such a case.

I\lr. Phillips—What is the reason the prosecutors
have taken their own principal witness, the mate, into
custody ? Will they tell us why:they have done that ?
I understand that they actually apprehended him'after
hi examination was taken here.

Mr. Clarkson—lf it is considered by you necessary
to go into the whole of the case, I repeat to you that
lam ready. We happen to know who called upon the
mate, and for what purpose, and what they said.
Sir PETE,R LAURIE—Can you prove that none of the
goods which were insured at the offices of the prosecu•
tors were on board the Dryad ?
Mr. Clinklon—Certainly. Mr. Kelly can prove that.
Mr. Kelly stated that he was formerly clerk to
I\l esers. Zalieta and Co., who chartered the Dryad
from Liverpool to St. Jago de Cuba. He produced the
outvoice of all the goods on board the Dryad. That
vessel was only two-thirds full, and there were no goods
on hoard except those specified in the outvoice.
The statements made by the Mate, the Captain of the
Bencoolen, and the witnesses who insured for the pri-
soners upon goods supposed to have been on bo...rd the
Dryad, were then read over and signed by the several
individuals brought forward for the prosecution, and the
prisoners were remanded until the eommeneement of
February.
EXTENSIVE FORGERIES.—A man of rather dashing
appearance, named Richard Moore, was brought up by
Daniel and William Forrester, the officers, charged
with having uttered several notes purporting to be the
issues of country banks.—Mr. Bodkin, who appeared
for the prosecution, stated that the case was one of an
extraordinary description. The prisoner had gone into
a gambling-house in Leicester-square, and with a num-
ber of notes, purporting to be the notes of the Man-
chester and other country banks, played and lost a
considerable sum, which he paid in those notes. Next
day the man of the house, to whom the notes were lost,
came with hiS servant into the City, and at the same
time that he sent his man to one banking-house, at which
sonic of the notes were payable, he went himself to
Barclay's, and got cash for a 101. Manchester note,
which was soon afterwards found to be a forgery. The
Forresters were then employed, and the owner of the
gambling-house was taken into custody, and in conse-
quence of the information and description given by
that person, the prisoner Moore was apprehended.
Moore, upon being taken, said he had been ruined
by gambling-houses, and be determined to do all he
could to recover his property by playing with fictitious
notes. The prisoner was remanded. •