The Sun.
London, England, 1823-11-15 00:00:00

argumelit of case, in the special paper, which had no
interest.

COURT OF COMMON PLEAS, Nov. 1

• - -
The Lord Chief Justice DaLLes was prevented from attend..
ing Court to-day by ill health.
The Counr was . occupied for a considerable part of the
morning in,. receiving justification of bail. James Haugh and
.James Owen appeared as bail for 1124 They were both ep-
, posed by Mr. Serjeant PE er,,.on affidavits cherging them with
various acts of fraud, and with recently having taken the be-
nefit of the Insolvent act. I3oah parties indignantly denied
the truth of the several allegations, against them, and being
examined. at some length 6y the Learned Serjeant, both
solemnly swore ,that they were never in prison for debt in
their lives.. -
The Coutvr ordered the affidavits to be rejected, without al-
lowing costs, and expressed in a marked manner their di4ap-
probation of embodying such vagitetumourS into affidavits..
The practice could not exist without perjury somewhere. • They
also refused to allow them to be filed.—The bail ere then al-
lowed to justify.
DOE, olf -TUE DEMLSE or sitar. THANET, V. GATTI.u.t.N.•,
Thisswas an ejectment against the defendant, the master of
a Public school in the north of England, to deprive hint of his
situation. The Jury gave a verdict fur the plaintiff, but the
Judge who tried the case gave leave to the defendant to move
that the• verdict be set aside, and e nonsuit entered, on the
ground that being in such a public situation he ought not to have
been dismissed without being served with a notice to show cattle
against his dismissal. On this ground a rule nisi was obtained
lest term.
The case was called on yesterday, and no cause being shorn
the rule was made absolute.
Mr. Serjeant VAUGHAN (who was engaged to show cause
against the rule, but who was absent from Court when the case
was mentioned yesterday) this day called the attention of their
Lordships to it. lie observed that the case relied on in obtain-
ing the rule, which was that of the King v. Dr. (Makin (11th
Term Reports), in which it was held that a return to a manda-
mus to restore, was insufficient without showing that he had
had an opportunity of showing cause against the dismissal, was
different from the present, which being an ejectment against
the person distnissed, wo not subject to the smile rule as a
mandamus.

The COif UT thought the case of .” The King v. Dr. Oas-
' kin" governed the one now before them. In the former case,
the Court of King's Bench were informed of the cause of dis-
missal on which the defendant proceeded, held that the person
dismissed ought to have had notice, and that he should there.
fore be restored ; but they added, that they did not think the
defendant would do his duty unless he dismissed him a second
time (giving him the regular notice). In this case the Court
were not legally informed of any cause of dismissal • thoughl
if they were, they would still go upon the principle of aids
alleram partem.—Rule made absolute.

BENNET 1). TI7OMA9 THURTELL.
Mr. Serjeantt PEI,I, said he had an application to make to
the Court on the behalf of a gentleman, named Green, of
Arundel-street, Strand. The affidavit on which he meant to
more would be ready in a moment, but he would in the interim
state the nature of it. From the Learned Serjeant's statement,
it appeared that the defendant was the person who had some
time ago brought an action against the County Fire Office, to
recover for the loss of goods in his premises burnt in ViTatling.
street (in which a rule-for a new trial was granted on ifith inst.), j
It also appeared that a bill of indictment for conspiracy in that
case had been found by the Grand Jury against Thomas and
John Thurtell, and others; and that Thomas Thurtell was
confined in the prison of Newgate on that charge. Mr. Green
was bail for the defendant in an action at the suit of Air. Bennet
for 110/., and in another action for 3814 at the suit of Mr. Bick.
nell. The application which he had to make to the Court was,
that time might be allowed to his client to render the prisoner
in his own discharge. According to the regular course, he
would be bound to render or justify on the Wt. The. Learned
Serjeant added, that it was his intention to have made the
motion at Chambers, but from what passed on a similar occa-
sion a few days back in the Court of King's Bench, he found
that it was necessary to make it in open Court, He found also
that a common habeal cam rallta would not be sufficient to
render him in behalf of his bail.
Mr. JUSTICE PA nit said the case was like that of " Bennet
v. Keinnear" (in 3d Moore), in which the defendant was also
accused aft conspiracy.
The Cover granted a peremptory rule to show cause for
to-morrow, and directed that the plaintiff-should get immediate
notice.

CONSISTORY COURT, Nov. 14.
scAltt.r.r.r AND OTHERS AGAINST THE VICAR AND
CHURCH-WARDENS OF TILE PARISH Or ST. MARTIN.
IN-THE-FIELDS IN SPECIAL, AND ALI. OTHERS IN
GENERAL.

This was an application by Philip Anglin Scarlett, Esq., the
non and executor of P. Scarlett. Esq., decea..ed, (the brother
of Mr. Scarlett, • of the bar), for the grant of a faculty to build
a.' certain family.. vault, a specified dimensions, under the
church of St. Martiu aforesaid. Certificates of the consent of
the vicar and churchwardens- were exhibited ; and it was
pleaded that the holding of such • vault &c.,. was in eon..
fortitity to the wishes expressed by deceased in hs last will and
'testament. •

WINNINOTON v 17M7411401•01.t.
Dr. LUSITIYGTON stated, that in this suit, whiL:ll was one
of separation and divorce. brought by the wife, ti citation was
taken out against the husband, and returned on the first session
of last Easter term. On the third session, Sir John Miles
Winnington left a direction with the proctor of his lady, to
which he . desired that all communications might he sent, in
order to be forwarded to him. A copy of the motion which
the Learned Counsel was now about to move, praying the
Court to overrule Sir .1. M. Wirmington's protest, and to as-
'sign him to appear absolutely, had been' dispatched to the
place so pointed out by the
.party himself; but his agent,
being unwilling to take on himself the responsibility of re-
ceiving it, it was thrust under the door. There was, of course,
no other mode of serving the copy that could then be adopted
The Learned Counsel then read the protest of Sir J. M. Win-
nington against the jurisdiction of this Court in the cause pro-
moted against him by his wife, ilenriitta Antonia Winnington:
the party protesting called upon the Court to dismiss the suit,
by reason of the colluisive propositions which had been made to
him by the said Lady Winnington. She had repeatedly stated,.
that the suit in question would be for the good of both of them;
and that n Colonel Wilson had offered leer to 'defray the whole
of the expences which might be incurred.. She had even ten-
dered to this protester a sum of money to induce him to go
down to Scotland, and there commit aduitery.
The other proceedings having bocci read,
Dr. LussuNciTost said, he supposed it was not necessary
for him to argue the fact, that no grounds had been assigned in
the protest to induce the Court to dismiss the suit. Ile there.
fore now moved the Judge to over-rule the said protest, and to
assign Sir J..M..Winnington to appear absolutely.
Sir CHRISTOPHER llonmox regretted to observe, that
this was one of several cases in which the Court had lately seen,
with great pain, a generally increasing habit, in young persons
(fiir the most par!), on hemming defendants in this Court, ofen-
gaging in snits without any consideration of their ability to bear
the expenses. . They came, therefore, alleging their inability to
employ professional men, and always expressing a wish to be per-
mitted to conduct their own cases. Such modes of proceeding was
very unsuitable to the gravity of this Court, and incompatible with
the interests of both parties concerned ; espe.ciallv the husband,
upon whom, ultimately, the whole expenees of the cause must -
fall. In the
.present instance, the Court had allowed a very
considerable interval to elapse between the taking out of the
citation against the defendant, and the issuing any personal
process against him, on account of his allegations at the bar,
that there should be no abuse of such indulgence. Advantage,
however, had been taken of the Court, whose time had been
unnecessarily occupied so long as this cause remained on the,
books for three or four days in a term, without any proceedings
being had in it. In this interval the matter might have been
heard and terminated. It now seemed; that after this gentle.
man had appeared and declined to set forth the facts in a re-
gular, mariner upon allegation, supposing them necessary to be
argued in that early stage of the suit, thus person had, in fact,
no such matters to produce to the Court. The Court after re-
proving the :conduct of the defendant, as regardell this
Irregularity, ahowing that it it was absurd to expect that a
loose declaration of some misconduct in one of the parties,
committed before marriage, could avail as a bar against a suit
brought by the other after marriage, overruled the protest; the
matter of which was quite irrelevant and impertinent to the
matter at issue and it assigned Sir J. M. Wilmington to sp.
pear absolutely.

RLCE SEVENPENCE.

FOR THE SUN.

BR4AKWATRIZ.AT PLYMOUTH.
Ma. EntTott—ln the course of last summer I
happened to spend some time at Plymoath. and
gladly availed myself of the opportupity to visit
this stupeedoes erection, Wide)) rivals the long.
famed work of Alexander the Great, at Tyre,
and the scarcely less celebrated mole of Cardinal
de Richelieu, before Le Rochelle. It is in view..
ing works of such rt` gigantic mature that one
acquires a correct notion of:the amazing, powers
of Alan, and of the perfection of those in-
ventions which his mind has devised. to'coinpett-
sate for the comparative feebleness of his bu.l7.
The superior advantages of Plymouth liar-.
hour, as a station of the Royal Navy, daring a
war with Fraece, though invariably admitted,
were, in a great measure, rendered comparatively
useless, owing to the very exposed situation .of
Plymouth harbour, and of Ca wsand Bay. This
unfortunate circumstance had I4ng 4ttructed the
attention of Goveromeet, and several plans were
proposed to remedy this radical defect ; Some of
which recommend the erection of piers, by means
of which the intended object might tee effi)ctually
accotnplished. The very objections made against
the effects which the adoption of these plarrs
must produce in the harbour having caused them
to he rejected. Mr. Rennie, and Mr. Whitebey,
Master Attendant of Woolwich Dock Yard, re-
commended the erection of an insulated pies'
across the middle of the Sound, declaring their
confidence that such a work was not only
.feasi.
ble, but would answer the purpose„ without les-
reining the dept h of water, an object of the greatest
importance.
This proposal having met with the approba-
tion of Government, the stupendous work was at
length commenced ; the foundation-Stone being
laid on the 12th of August, 181'2. To obtain
the necessary materials, a spot was fixed upon
on the eastern bank of the Cat water, and im-
mense quarries of a hard, dark and red lime.
stone have been constantly worked. Vessels of
a particular and ingenious construction were
made, to convey these materials, tin) blocks of
which weighed from three to five tons each, from
the quarry to the Breakwater. The two stern
ports of these vessels are made large enough to
admit, at the quarry, the trucks upon which
the blocks are laid ; and an inclined plane con-
veys each: truck separately to the fore-part of
the vessel, in the hold, on an iron railing. At the
breakwater, the two trucks next the stern ports
are run on a frame by means of moveable hinges
and by the falling of this frame the stones are
discharged on the slope of the breakwater, and
left to their own position. By means of this
contrivance eighty tons of rock are discharged its
the course of about fifty minutes. In one week
no less than 15,379 tons of stone were sunk ; and
the number of tons sunk from 1812 .to 1820,
amounted to 1,740,899. Notwithstanding the
amazing quantity of stones already deposited, it
is not supposed that the work can be fully corn-
pleted in less than three or four years.
The above statement must convey. nn idea of
the magnitude of the erection. Indeed, when
completed, the length of the breakwater will be
1700 yards.: whilst its base varies from three to
four hundred in breadth. It tapers gradually,
so that it is only thirty-six feet broad at the top,
along which is a pleasant promenade, affording a
beautiful view of the surrounding highly pictu.
resque scenery. Towards the sea the slope is in
the proportion of three horizontal to one perpen-
dicular ; whilst on the land side it is only one
and a half horizontal to one perpendicular.
The direction of this mole ','across the Sound
is nearly from east to west, it consists oft) middle
part, carried on in a straight line to the length of
one thousand yards. The two extremities will in.
clinp,from the sea, and at an ono, of Iflo degrees
towards the straight line; and ench of them will
be three hundred and fifty yards °in length.
Whilst we are filled with admiration for a
work so truly worthy of a great naval power, we
must rejoice to find that it is likely to prove
fully equal to its important purpose. It has
hitherto withstood the utmost fury of the most
violent storms, and suffered damage comparative-
ly trifling ; whilst the benefit the shipping; and
even tine town, have derived from it, have been
manifest. The only injury it has yet sustained,
was (luring the gales of the winter of 1816-,---17,
which were more tremendous than any that had
occurred within the memory of the oldest,inha-
bitant. The most violent happened on the 19th
of January 1817, when it was found that the
upper stratums) of the finished part, of oboist '.200
yards in length, and 30 in width, though formed
of blocks weighing each from two to five tons,
had been displaced, and the stones carried .to
the northern, or inner part, of the breakwater.
On the other hand, not only .was the shipping
effectually protected, but It was the opinion of
the most experienced sailors, that had there been
no breakwater, 'all the vessels in Catwatee,
and even the storehouses, &c. beloegimeg to the
Victualling Office, as well as the hoimis*s near the
sea, must have been inevitably destroyed.

A. P.

The B4A Hit' papers have puousnen an article,
stating that the Swedish Consul in Alexandria, is
in possession of a roll of. Papyrus, which had
bean nosed as a deed of purchase. (Kauf-brief) ICA.I
years before the birth of Christ. The writing
was very distinct, anti the whole in a state of
high preservation. Gen. MINUTOLI had trans-
mitted njisc simile of it to the Royal Acadoso,y at