The Sun.
London, England, 1841-05-31 00:00:00

PORTUGAL.

By the Royal Tar steamer which ari ved at Falmouth
on Saturday from Lisbon, we have received advices
from the Portuguese capital of the 25th inst. The
Royal Tar sailed from Gibraltar on the 20th, from
Cadiz on the 21st, from Lisbon on the 25th, and from
Oporto and Vigo on the 26th. After obtaining a sup-
ply of coals at Falmouth, she proceeded to Southampton.
Passengers by the Royal Tar—Captain D. Arley, Dr. John-
son, 48th Regiment, Messrs. Gilchrist, Bill and Son, Bernard,
Ferres, Home, Twining, Cleves, Guignier, O'Brien, B. Carr,
Avenstoff, Laderman, Aguien, Hon. and Rev. A. Talbot and
Lady, Miss Bird, and Miss Sanders.
The Lapwing packet, Lieut. Coghlan, arrived on Saturday
evening at Falmouth, with the West India mails; the dates are
Barbadoes, April 5 ; St. Lucia, April 6 ; Martinique, April 6 ;
Dominica, April 7; Guadaloupe, April 8; Antigua, April 9 ;
Montserrat, April 10 ; Nevis, 10 ; St. Kitt's, April 10 ;
Tortola, April 12; St. Thomas's, April 21 ; Porto Rico,
April 22 ; and Cape Henri, April 27. The passengers are
Mr. and Mrs. Campbell, son and daughter, Miss M'Glashon,
Messrs. Brown, M'Lean, Rogers, Ross, and Captain Williams.
Lieutenant Coghlan brings no intelligence respecting the
President steamer.

LISBON, MAY 2.s.—The past week has been rather barren of
news : the public attention is now principally directed to the
opening of the prorogued Cortes, which will iake place to-
morrow by commission.
No favourable offers having as yet been made for the pur-
chase of the new Exchequer Bills, it was decided in a Minis-
terial conference on Friday last to raise another loan of 400
contos de reis, 92,0001. sterling, on some of the revenue of the
state ; whieb is likely soon to be realised, by the assistance of
the Lisbon Bank, and Confiance Company.
The British brig of war Espoir, and Andorinha, Portuguese
war cutter, sailed froM this on the evening of the 18th inst. ;
the former on a cruise to endeavour to fall in with or gain in-
telligence of the missing steam-packet President, and
the latter to convey instructions to the commander of
the Dom Joao I. corvette, cruising off the Azores, to pro-
ceed on a similar mission. The Esperanza, war schooner,
destined to the Cape de Verd Island:, was in consequence
hurried off on the subsequent day, with as injunction to n ake
a circuitous passage, to keep a good look out, and to speak with
every vessel she can, in order to obtain if possible any infor-
mation of her : these praiseworthy offers were promptly made
by the President of the Council, Minister at War and ad
interim for Marine, Count Bomfin, and as readily accepted by
her Britannic Majesty's Minister at this Court, Lord Howard
de Walden.
A species of insubordination was manifested a few days
since by the privates of the 28th battalion of Cacadores and
the 3d regiment of Artillery in garrison at Oporto, who are
months in arrear of pay, making a formal demand of the same
to their respective colonels, which, however, by the timely
raising, by the civic authorities, of a sufficient sum to pay one
month to each corps, discipline was soon restored.
Money continues so scarce, that the workmen of the naval
arsenal, who struck a short time since, are again 22 weeks in
arrear of pay. The Vesuvio steamer wilt to Oporto on the
19th inst. a Company of Sappers and Miners.
The relations between Portugal and Spain are again ap-
proaching an unsatisfactory state. The probable despatch of a
Papal nuncio to Lisbon has, it is reported, called forth an in-
timation from Senor Aguilar, the Spanish Minister, to the
effect that such a circumstance will very probably provoke a
war between Portugal and Spain. The practical fulfilment of
the Douro convention, the appointment of Baron Renduffe as
Portuguese Minister at Madrid, who has been objected to by
Senor Ferrer, and the course which Senor Aguilar pursues at
Lisbon, all contribute to produce some degree of coolness and
ill-feeling between the two Governments.
The revenue of the Lisbon Custom-house and Excise-office.
and Custom-house of Oporto, for the month of April last, paid
in debentures, ex. paper money and coin, amounts conjointly
to 333,000,569 reis, equal to 76,3121. 12s. 7d. sterling, show-
ing a decrease on the preceding month of March of
2,3321. 14s. 6d. sterling.
A combined movement having been entered into on the 17th
inst. between Captain Mensonea of the constabulary force of
Evora, and Ensign Carvalho commanding a detachment of the
20th Infantry stationed at Villa Vicosa, to capture the so called
Brigadier Silva, chief of the Guerrillas, and his companions,
they, on that night at eight o'clock, fell in with them, when
Silva and another were killed, and one severely wounded, who
has been conveyed to the hospital.
The municipal elections in the district of Oporto are con-
cluded in favour of the Septembrist party.
Exchange upon London at thirty days'
milrei.

sight, 534. pence per

HAYMARKET THEATRE.—The play of The
Stranger was performed here on Friday, Mr. C. Kea' appear-
ing, for the first time in London, in that character• There
was, it may be serviceable to remark, an occasional iadistinct-
ness in his self-communings, amounting, in fact, to 'inaudibi-
lity, which it would be well for him in future to corlect. In
his personation of this character, Mr. Kean more than 4•dinarily
reminded us of his father, and we observed that he wts always
most applauded where he most resembled his " great otiginal."
Miss Ellen Tree (also for the first time) appeared is Mrs.
Haller, and by the touching tones of her voice—the app,opriate
energy and feeling with which she sustained the chtracter
throughout, imparted not only a deep interest on the Ittssing
scene, but excited also a warm sympathy for the fate and firmer
frailties of the fair penitent—as the sobs of the audience but
too surely evinced. The other parts were carefully performed.
SHIPBUILDING IN DERRY.—In Mr. Coppics
yard there has been laid the keel of a vessel, intended for fo..
dimensions, will come verb
reign trade, which, in point of little
short of the largest steamers ever built. Thu proprietors of
her are partly Englishmen. She is to be impelled iy the
Archimedian screw, and to have a horse-power of between
500 and 600, and to be of 1,500 tons register. Her heel is
221 feet, only a few feet inferior to that of the greatest teamer
launched ; and her length over all will be 230 feot.—Derry
Journal.

-----
ry
BELGIUM.—DoGs.—In consequence of com-
plaints recently made respecting the number of dogs piugling
about without any apparent owners, yesterday a man lith a
bag, and two police officers, were seen in several of the treets
of this metropolis. Every dog not muzzled was seized, ptt in-
to the bag, and thence conveyed to the Hotel de Vale the
dogs are restored to their owners, upon payment of the penalty
inflicted upon all persons neglecting to comply with the very
necessary police regulations on the subject. The officers are,
by law, authorized to kill all stray dogs, as a public nuisance.
Minister of the Interior has
issued a decree likely to have the most beneficial influence en
the prisoners in female penitentiaries. All the interior ma-
nagement of these houses is placed in the hands of. Sisters of
Charity. Thus, for the ignorance and brutality which with
few exceptions characterise the mercenary guardians and keepers
of such establishments, will be substituted the mile and dis-
uateremted authority of this religious sisterhood.

FROM THE EVENING PAPERS OF THIS DAY.
GLOBE.—Lord Worsley has done good service in
asking the monopolists what they have to expect from
Sir R. Peel, when they find two of his most intimate
political associates taking the lead in condemning the
Corn-laws. But his brother-in-law, Mr. George Dawson,
who proscribed them at Portsmouth, and his Colonial
Secretary, who has, at Manchester, outbid Lord J. Rus-
sell by 2s. a quarter, insisting upon Gs., rather than Bs.
per quarter duty, are in perfect harmony with his nearest
relatives in his own neighbourhood at Tamworth. Mr.
William Peel, lately Member for that borough, and beloved
by all classes, is well known to be opposed to the present
laws, while Mr. Edmund Peel, who represented New-
castle in the last Parliament, and is one of the shrewdest
of this long-headed family, has declared himself a total
repealer. Their cousin, Mr. Robert T. Peel, who has
within the last ten days been forced to abandon the
whole of his factories, cannot be supposed to be deeply
in love with the system which has contributed to in-
volve him in so, great a sacrifice of property. Never
did any question make so rapid a progress in the public
mind as free trade has done since it has been recommended
by the Government: its bitterest opponents are compelled
to admit that the question is already carried in public opi-
nion. There, then, is the justification of the course which
has been taken by Ministers ! If making the Corn-laws
L and the accompanying measures a Cabinet question has
given an impulse to fiscal reforms which no other cir-
cumstance could have given, then all who believe in the
urgency of carrying those reforms must admit that Mi-
nisters have been right in the proceeding which they
have adopted. It is charged as unconstitutional, for-
sooth, on Ministers that they are resolved to bring
their measures fairly forward before Parliament and the
country, before they give up a cause for lost
which they have only just made their own, and whicl.,
since they have done so, has seized hold of the
public mind more strongly than any questions have
done, since the Reform era. It has been asked, why
Ministers did not espouse the cause of free trade sooner.
The real answer to this question was made by Mr. Ten-
nyson D'Eyncourt, at Lambeth. Had they done so
sooner, they had a certain secession of their own adhe-
rents to apprehend, and no certainty of support out of
doors sufficient to compensate the loss. In a body so
constituted as the House of Commons, the Corn-laws
were not a question to be lightly moved, and when
moved, it is not a question to be lightly let go again.
The party which took it up must be prepared to stake
its whole character, and its whole prospects, on the
merits and success of its policy ; and they could not do
SQ, without strong grounds of reliance on public support.
STANDARD.—A HINT TO LORD WORSLEY.—At
a meeting which was held on Tuesday last, at the Town
Hall, at Spalding, Lincolnshire, it was unanimously re-
solved that a petition should be presented to the House
of Commons against any alteration in the Corn-laws,
and the following resolution was agreed to :—" That
the petition should be forwarded to the members for
that division of the county for presentation, provided
they voted with Sir R. Peel on his motion of want of
confidence in Ministers, otherwise that the petition be
entrusted to Mr. Christopher alone." In consequence of this
resolution, the Chairman, Mr. Johnson, has addressed
a letter to both of the county Memoers, Mr. Christopher
and Lord Worsley, requesting an early answer as to
their intentions. Now, we will offer a word of friendly
advice to Lord Worsley, and it is this—if, in the event
of a dissolution, he be desirous of being re-elected a
Member for the county of Lincoln, let him once more
alter his mind. Spalding has always been considered a
stronghold of Whiggery : the meeting on Tuesday
was composed of all the most weighty and influ-
ential men who are in the habit of attending
the market there—the petition and resolution were
adopted without a dissentient voice. Once more, then,
we recommend Lord Worsley to think better of the
course he has stated he means to pursue on Sir R. Peel's
motion, and we warn Mr. Handley and other Liberal
Members representing agricultural districts to be cautious
how they support Ministers when the division shall take
place ; for they may rest assured, in the event of their
doing so, not one of them will ever sit again for the place
he now represents.
COURIER—We have received, from a respected cor-
respondent in Edinburgh, a report of the proceedings of
the General Assembly in the case of the seven suspended
ministers of the Presbytery of Strathbogie. The intem-
perance of matter and manner ascribed to Dr. Chalmers
by one, the conscientiousness of whose testimony may be
relies' upon, cannot but cause the greatest pain to all the
admirers and who are not ? of that eloquent
and accomplished divine. The Assembly, following
on in its career of violence and injustice, pro-
nounced the sentence of deposition against the
seven martyrs of the Church, with the same contempt
of law and order as before evinced in the illegal decree of
their suspension. And finally, so far as in the majority
of the Assembly lay, the sentence of deposition from the
Presbytery and from their parishes was consummated by
that of deposition from the " office of the holy ministry."
A protest, however, was drawn up by Dr. Cook, and
numerously signed, in impeachment of the legality of
these proceedings, and declaratory of the determination of
the subscribers still to " regard the deposed as Ministers
of the Church of Scotland." A more salutary curb still
on the headlong fury of the Assembly, was imposed in
the form of a decree of the Court of Session served
upon the Moderator forthwith, by which the execution
of the sentences of deposition was interdicted, so that
in fact all the proceedings so solemnly taken evaporated
in mere smoke, like the previous sentence of suspensfon.

REQUISITION TO LORD PA LMERSTON.—ChI
Thursday last a requisition to Lord Palmerston, her Ma-
jesty's principal Secretary of State for Foreign Affairs,
inviting his Lordship to permit himself to he put in nomi-
nation as a candidate for the refirmsentatiim dfLiverpool in
Parliament, was opened at the office of the Liverpool Times,
and received, in the course of the day, the signatures
of a number of gentlemen of the first respectability.
On Friday it received many additional signatures, among
which were those of several gentlemen who have, here-
tofore, been warm supporters of Lord Sandon, and some,
we believe, of Mr. Creswell also. On Saturday the requi-
sition was laid on a table in the Exchange Newsroom, and
excited the general curiosity of the members, who busied
themselves in examining the signatures, and in noting,
more particularly,those of former supporters of Lord San-
don and Mr. Cresswell. In tha course of the day
the requisition received many additional signatures.
Sheets for the reception of signatures were, on the same
day, placed in the, offices of the Liberal Journals and at
Messrs. Wilmer and Smith's, where they will remain for
some days to come. They have been very numerously and
respectably signed already, and, before the time arrives
for forwarding them to London for presentation to
Viscount Palmerston, they will have received the signa-
tures of many hundred's of the electors of Liverpool.—
Liverpool Albion of May 31.
Men of Liverpoool I the Tory papers of the
metropolis sneeringly announce, that the free traders of
this seat of commerce have had another great meeting;
and they quietly insinuate, that it is all to no purpose ;
that " it is great cry and little wool;" that, when an elec-
tion comes, all your talk will end in smoke ; that, in
short, it will be the mountain in labour over again.
" Parturit mons et nascitur ridicules mus."

But, again, we say, we will not believe this of you.
You are pledged before the whole country to wipe off the
reproach which attaches to you for allowing two mono-
poly-mongers to sit in Parliament for the second port
in the empire. You must redeem that pledge. Be
united. Surely; there is now an object to be strug-
gled for, v:# attain which all may bend their common
energies and efforts. Merchants, tradesmen, and shop-
keepers, what might Liverpool become if the restric.
tions which now fetter and impede our commerce were
removed ? Look what she has become in spite of them,
and then judge of what she might yet attain to, if they
were scattered to the winds. Workmen ! mechanics !
artisans ! ask your wives and children their
opinion about eheap bread and cheap sugar,
and the increased comforts which your savings in these
two articles would enable you to buy. Electors all ! the
eyes of the whole nation are upon you. Your starving
fellow-countrymen in the manufacturing districts are
stretching out their hands to you, and imploring your
assistince. Disappoint them not. Help them, and you
help yourselves at the same time.—Liverpool Albion,
May 31.

Mr. Macready, who has become the lessee of
old Drury, has invited Mr. Vandenhoff to rank with
him at that theatre in the ensuing season. We have not
oirnt whether Mr. Vandenhoff accepts the invitation.—
' Liverpool Albion of May 31.
The Britannia steamer, which would sail from
Boston on the 16th inst., and is expected to arrive every
tide, had not been telegraphed off Holyhead up to sunset
last evening.—Liverpool Albion of May 31.
The fourth conversazione of Saturday evening
last, at the Society of British Artists, was numerously
and elegantly attended. Several pieces were performed
on the piano, and three short poems were eloquently read
by Campbell, the poet ; the first, by Briant, the Ame-
rican ; the second, on Nopoleon, by Campbell himself ;
and the third, on a Portrait of a Child (now exhibiting
in the Gallery, by Eugenio Latilla), also from his own
pen. The poet excited much attention, and was greatly
applauded,

NAVAL INTELLIGENCE.
(From the Hampshire Telegraph.)
PORTSMOUTH, MAY 29.—The Reindeer, 6, Lieut.
Bisson, sailed on Wednesday for Gibraltar.
The Pelican, 16, Commander C. Napier, sailed yestc,r-
day .for Lisbon.
The Nautilus, 10, Lieut. G. Beaufoy, came into liar-
hour yesterday to be paid off.
The Spitfire steamer, Lieut. Tringham, returned yes-
terday to Woolwich, to have her machinery made com-
pact, it being found insufficient for West India service ;
she will call here on her way to Barbadoes.
The Edinburgh, 72, Captain Henderson, at Plymouth,
will be retained in commission for general service.
Lieut. Dorratt and a party of Marines are ordered for
embarkation for the West India station.
Captain Jervis J. Tucker was on Thursday appointed
to command the Dublin, 50 guns, Admiral Thomas's flag
ship.
The Fair Rosamond schooner, Lieut. Bullman, will be
ready for sea next week ; she goes to the coast of Africa.
We rejoice to find that the seamen who have lat rly
been detained in the service, on their ships having Lwen
put out of commission, have been offeredtheir discharge'S
with all wages due to them ; several have availed the:a-
selves of the offer, and have promised to return after a
short run ashore .to -their ships, retaining their ratings;
the seamen of the Asia, the North Star, the Serpent, the
Fair Rosamond, and others, are thus released according
to the old custom of the service, the necessity for coin-
pelling continued service having passed away. We
trust mat the seamen of the Donegal, about seventy of
whom did not return, are included in this order, and
that their arrears of wages will be paid them,: and that
the letter R will he taken from their names, for having
run from a ship, the Britannia, on board of which they
had never put their feet.
Admiral Sir Edward Codrington, G.C.8., Command r-
in-Chief at this port, has nominated John Nicholls,
Esq., Purser, R.N., to be his Secretary.
A Court-martial was held on Monday, and continuA
on Tuesday, on board the Queen, Flag ship in this Har-
bour, Hon. Admiral Bouverie, President, to try Mr.
Joseph Hobb, Assistant-Surgeon of the Indus, for re-
peated acts of drunkenness. The charges, five instances
m number, were clearly proved, and he was sentenced to
be dismissed the service ; it appeared also he was much
habituated to the use of opium.
A Court-martial was held on Thursday and Friday,
the 19th and 20th instant, on board the San Josef, at
Plymouth, to try Lieutenant W illiam Morris, Second
Lieutenant of the Trinculo, on a charge preferred by
Commander Coffin, of neglect of duty, disobedience of
orders, and contemptuous conduct, on the quarter-deck,
on the 2nd of April last. The Court found the two first
parts of the charge for neglect of duty and disobedience
of order, not proved ; but that the last part of the
charge, that of disrespectful conduct, had been fully
proved, and adjudged Lieutenant Morris to be acquitted
on the two former charges, and on the latter to be se-
verely reprimanded.
Rear-Admiral Sir W. Parker, with his Secretary, B.
Chimmo, Esq.' and his Flag-Lieutenant, M. Tennant,
and the China Commissioner, Sir Henry Pottinger, will
embark on Monday evening, in the Great Liverpool
steamer, Mr. Engledue, Commander, at Southampton,
and proceed with the India mail, at daylight on Tuesday
morning.
In Harbour—Queen, Victory, Excellent, Dublin, Bel-
lerophon, Royal George, Bittern, Fair Rosamond, Nau-
tilus, Echo steamer, Diligence naval transport.
At Spithead—Monarch, Indus, and Vernon.
PROMOTIONS AND APPOINTMENTS.
PROMOTIONS.—The following Officers are promoted
for the service on the coast of China ; commissions dated
May 6, 1841 :
Commanders—Edward Belcher, P. G. Blake, William
Warren, and Harry Eyres, to the rank of Captain.
Lieutenants—George Goldsmith, Henry Kellett, It.
B. Watson, John Hay (b), John E. Bingham, and J. P.
Bower, to the rank of Commander.
Mates—John Daly, John Hancock, G. B. Jefferys,
Rowland Edwards, Arthur Vyner, G. C. Fowler, and
W. G. Luard, to the rank of Lieutenant.
Captain S. B. Ellis, Royal Marines, recommended for
brevet rank of Major in the Army.
APPOINTMENTS.—Lieutenant.—J. Fitzjames, from the
Excellent to the Cornwallis ; E. IL Kenney, from the
Excellent to the Dublin.
Assistant-Surgeons—J. Wilmott, to the Caledonia ;
James Neven, M.D., to the Acorn.
Mates—C. Snell, to the Queen ; Edward Hill, from
the Indus to the Herald.
Midshipmen—A. Ratcliffe, to the Bittern.
Naval Instructor and Schoolmaster—R. M. Inskip to
the Impregnable.
Second Engineer—A. Innes, additional, to the Victory
for the Cuckoo.
John Ward Nicholls, Esq., is to be Secretary to Admi-
ral Sir Edward Codrington.
PLYMOUTH, THURSDAY, MAY 27.—The Bellerophon,
80, Captain C. J. Austen, sailed for Portsmouth last
Saturday. The Jaseur, 16, Commander F. M. Boultbee,
arrived from Gibraltar, and has come into harbour to be
docked, having touched the ground in Tangier Bay.
The Driver steamer sailed on Tuesday for Pembroke,
with stores, and proceeds from thence to Cork to take a
depot to Jersey. The Savage, 10, Lieutenant Bowker,
arrived from Bristol on Tuesday, and came into harbour
to refit.
In Harbour—Caledonia, San Josef, Cornwallis, Jaseur.
Trinculo, Alert, Savage, and Carron.
In the Sound—lmpregnable, Implacable, Belleisle
Edinburgh, and Acorn.

LAW INTELLIGENCE
COURT OF CHANCERY, May 29.
SANXTER V. FOSTER.

This case was argued on Friday. It was a motion to
dissolve an injunction granted by the Vice-Chancellor to
restrain the defendants from levying a distress on the
plaintiff's effects on bringing an action against him for
any penalty under such covenants in a lease granted to
the plaintiff by the defendant, as were not contained in
an agreement for the lease entered into by the parties.
Thc plaintiff, a farmer in Norfolk, rented a farm of
700 acres at a rent of 4201. per annum, from the defend-
ant, who is a banker at Cambridge. An agreement was
entered into and signed, and a lease drawn by the de-
fendant's son, an attorney, was tendered to the plaintiff
for execution on the 11th of October. The lease con-
tained a covenant, imposing a penalty of 101. per acr3
on the plaintiff for every deviation from the prescribed
mode of cultivation, which covenant was not contained
in the agreement. The plaintiff having, as the defend-
ant alleged, violated the covenant, an action was brought
against him for a penal sum, amounting to 800/., and a
distress put in for rent alleged to be due.

The I:ORD CHANCELLOR, after going through the facti
of the case, said the injunction must be dissolved witl-
costs.

COURT OF QUEEN'S BENCH, May 29.

THE QUEEN V. WM. WEST, AND THE HULL AND SELBY

RAILWAY COMPANY.

The ATTORNEY-GENERAL (with whom was Sir Fre-
derick Pollock and Mr. Waddington) showed cause
against a rule for quashing the inquisition of the Coro-
ner upon three persons who were killed when travelling
on the Hull and Selby Railway. There were three ob-
jections : Ist. " That the inquisition was taken upon
three bodies, instead of separate inquisitions. 2dly. That
it was found that the engines and carriages were moving
to the death, and it was not shown that a piece of iron,
which was the cause of upsetting the carriage, was oF
any property or value, nor was it found that it moved to
the death. 3dly. That the property moving to the death
was not properly found as belonging to any one." The in-
quisitiprstayd that jhesethree_pprwwwere travelling in a
Carriage drawn by an engine called the " Collingwood,"
'and .it happened that a large piece of cast-iron, having
worn through a rope, fell upon the railway, by means
whereof these three persons were forced to the ground,
and so much injured that they died, and that the car-
riage and the engine. were moving to the death. The
Learned Counsel contended that it was unnecessary to
mention the iron bar, as the engine and carriages were
the moving cause of the death. As to the last point, it
was stated that the engines and carriages were the pro-
perty of the Hull and Selby and the Leeds and Selby
Railway Company. This, he urged, was sufficient ;
that these Companies were corporate bodieS, and there-
fore it was not necessary to give any further description
of the parties to whom the engine belonged. He sub-
mitted the rule must be discharged.

Sir William Follett (assisted .by Mr. Baines) appeared
in support of the rule, and contended that the pro-
prietorship had not been properly set out.
Lord DENBIAN said they could not make anything
more of the description, " Hull and Selby Railway
Company," than the :proprietors of a tavernin London,
and therefore the rule must be made absolute. It was
requisite that it should be prnperly stated in whom the
property was, because the deodand (5001.) was to be.
levied upon the proprietors.
Rule absolute for quashing the inquisition.
THE QUEEN V. THE YORK AND NORTH MIDLAND RAIL-
WAY COMPANY.

This was a rule for quashing the Coroner's inquisition
in this case, where, after the Jury had been discharged,
the Coroner re-assembled them, and they found a deo-
dand of 5001.

The ATTORNEY-GENERAL thought the objection was
too formidable ; he could not see what power the Co-
roner had to re-assemble the Jury. It was necessary
the Legislature should interfere in the subject of deo-
dands, but he was afraid it would not be done by the
present. Parliament.—(Loud laughter.)
Inquisition quashed.

COURT OF PLEAS, May 29.
PUNTER V. LORD GRANTLEY.
This was an action for trespass for turning the plain-,
tiff out of a cottage on Lord Grantley's property in
Surrey, which was tried at Guildford before Lord Abin-
ger and a common Jury during the last summer assizes,
when the Jury found a verdict for the plaintiff—Da-
mages 2501. The pleas were, first, not guilty ; secondly,
that the cottage was not the property of the plaintiff ;
and thirdly, that it was the property of the defendant.
The plaintiff sued in forma pauperis, and it appeared at
the trial that, about 1795, the plaintiff's father, also a
pauper, came into possession of the cottage in question—
that he died in the workhouse—but that subsequently to
that the mother continued to occupy the cottage, receiv-
ing relief from the parish—and that it was not until
about eight or nine years ago that the plaintiff himself
came into possession of it. The manner of his ob-
taining possession appeared to be this ; that he
went
drunk to the cottage one night and turned
out his mother and sister, who Went to Lord Grantley
and complained of what had happened. The plaintiff was
consequently brought before the defendant, and he
stated that he meant nothing by it,
alleging as the ex-
cuse for. his conduct that he was in liquor at the time.
Mrs. Punter,
time, find the plaintiff continued to occupy the cottage
however, tan away one night about that
oltil the 14th April, kw 1840, when he was turiwd opt tm-
der a Magi.
strate's warrant to that effect. " ti,pl,
ejection the present action was.brought: and the title of
the parties to this cottage was the
main point at issue.
On the part of the plaintiff tbeiv WAS no evidence as tQ

the mode in which the plaintiff's father first. obtained
possession of this cottage ; but evidence was given to
show that some alterations and repairs had been effected
by the punters during their occupation, though Lord
Grantley was admitted to have been frequently there.
On the behalf of Lord Grantley there was produced the
evidence of persons who had been employed by his
Lordship to effect repairs—there was evidence that the
cottage had been repaired by him 10 or 15 times during
the occupation of the widow Punter—that trees had been
brought and planted there at his request and by his gar-
dener—that after these things had been done Lord Grantley
said on one occasion, "Well, dame, you have got your cot-
tage nicely done up now, and you shall have it to live in
as long as you live"—that more recently, since 1833, the
plaintiff himself went to a parish meeting, and said, " If
you don't pay my rent I shall be turned out ; Lord
Grantley's steward has been to demand rent of me"—
and that the parish agreed to pay a certain sum. Fur-
ther, there was evidence that the plaintiff, having thought
of cutting down a tree, had said to one of the defendant's
witnesses that Lord Grantley had purchased the pro-
perty from the parish, and he should burn his finger 3 if
he did repairs or cut the trees ; and that accordingly the
woodcutter of Lord Grantley cut down the tree, which
was taken to his Lordship's timber yard. At the trial
Lord Abinger directed the jury to find the issue as to
the property for the defendant, but the jury persisted in
finding it for the plaintiff upon all the issues. Conse-
quently a rule nisi for a new trial was obtained a term or
two ago, on the ground that the verdict was against evi-
dence.
Mr. Sergeant SHEE showed cause against that rule,
and submitted that upon the evidence the defendant had
no pretence of title to the cottage in question. The case
was one of the grossest hardship and oppression. This
poor family had for years occupied this cottage without
any dispute as to their title, and were they now to be
turned out by a powerful and influential nobleman, as-
sisted by his brother Magistrates, although he showed no
title in himself ? What title had the defendant shown ?
He had not proved the origin of his title, and the plain-
tiff's possession of twenty years was at all events a com-
plete bar ; becanse, •by the 3d and 4th William IV., c-
-27, the doctrine of non-adverse possession had been abo-
lished ; and the question now was, whether twenty years
had elapsed since the right accrued, whatever the nature
of the possession, unless the party claiming.the property
proved that he had within that time rent or profits from
the land or an acknowledgment of the title. In this case
there had been none of these ; and if he could not prove
,that the cottage was his, did it become a peer of the
realm to interfere with the rights of' his poor neighbours
and endeavour to turn this pauper family from the cot-
tage in which they had lived since 1792 ? It had been
said that the cause was tried by a common jury
only, but their Lordship's knew that the common
juries were, by recent Acts of Parliament, composed not
of the lowest grades of society, it was a Jury taken
from the honest and respectable yeomanry of the coun-
try, and they, the best and proper judges in such a ease,
had come to the deliberate conclusion that the peer was
wrong and the peasant right. Would it have been better
tried if the Jury had been composed of those Magistrates
who gave the warrant to pull down his cottage about.
this poor man's ears ? He thought not ; but, at all
events, if the defendant complained of the Jury, he had
no reason to complain of the Judge, for a more favour-
able Judge he certainly could not have had. Lord
Abinger, no doubt, might have known something of the
case before he came into Court, and it appeared that he
did ; for when it was called, and he (Mr. Sergeant Shee)
had suggested that it would occupy a considerable time,
Lord Abinger said, " Oh, no ! it's brought for costs ;
probably it's brought for costs." Now, he must be per-
mitted to say that one of the dearest privileges which
Englishmen have enjoyed since the reign of Henry VII.
was the right of suing in forma pauperis. In this case
the right had been granted, not upon his certificate, but
upon the certificate of the leader of the English bar after
the officers of the Crown ; and, he asked, was it fitting
that counsel thus engaged in advocating the cause of the
poor man should, at the very outset, be discouraged by the
Judge prejudging the case before the Jury, in consequence
of knowledge previously obtained ? Then, again, When he
had objected to hearsay evidence, Lord Abinger made
so light of his objection that at the time he had com-
plained of being treated like a child in the nursery. He
went for damages ; he felt that he was justified in so
doing ; 250/, was too little ; he had wanted to prove the
length of time these poor people had been kept in the
lane ; but Lord Abinger asked a little girl, who was
called, why they didn't go to the workhouse ; and she
replied that they had no order ; he might as well have
asked her why they didn't go to the London Tavern. It
was very well for those who slept on down every night,
not to understand the attachment which poor people felt
to the hard bed and poor dwelling in which they had
been brought up ; but those feelings were not less real
on that account. Finally, the Noble Lord pronounced a
glowing panegyric on the Magistrates of the county :
no doubt they were better acquainted with the noble de-
fendant than with the plaintffi ; and certainly they had
exhibited a decided preference for the case of the peer
over that of the peasant. Their conduct and that of' the
defendant was marked by unbridled and unprincipled
licence ; the jury thought so ; they returned a verdict
accordingly ; and it would be the worst example for the
peace and security of the people, if, when a case of gross
oppression by a man of high rank and station came be-
fore them, her Majesty's Judge of Assize, and afterwards
the Judges of the Court of Common Pleas were not
scrupulous to see justice done to the last farthing.
The SOLICITOR-GENERAL, in support of the rule, said
that this was a verdict marked by vengeance, and utterly
unsupported by the evidence. It might sometimes cer-
tainly become the duty of counsel to make animadver-
sions upon the conduct of a Judge who had presided at
the trial of a cause ; but when that was the case it ought
at least to be done in some tempered language. He
hoped and believed that their Lordships would not
shrink from trying fairly any question between a peer
and a peasant ; but he need not say that it was not be-
cause a man was a peer that his property was to be
taken from him. If their Lordships considered the in-
fluence which the inflammatory topics that his Learned
Friend had even thought it right to address to their
Lordships must have upon a common Jury, it would
not surprise them to find that they had not come to a
fair, just, and deliberate determination in the case.

With regard to the panegyric which Lord Abinger was
said to have passed upon the Magistrates, it was by no
means unusual or improper for a Judge, upon certain
persons being named, to say, " I know that such a per-
son fills a respectable situation ;" and it was exceedingly
unjust that Magistrates should be exposed to attacks
such as these, made upon them in their absence, when, if
there were any grounds for those attacks, they might be
called upon to ar_swer them in the regular way. His
Learned Friend had exhausted a large fund of sympathy
for this poor man, though it did not appear that he de-
served much ; there was no evidence that he had ever
done a day's work ;, and he got possession of this cottage
by going at night when he was drunk and frightening his
mother and sister out of it. The Learned Counsel then
went through the evidence, and contended that it dis-

closed a series of facts which were sufficient to support
the defendant's title. The repairs effected by Lord
Grantley from time to time, his saying, "There, dame,
the cottage is done up nicely now, and,you shall have it
to live in as long as you live," were sufficient evidence
that the widow Punter was at most a tenant at will of

Lord Grantley. Then, by the statute of limitations,
which passed in 1833, where the possession was not ad-
verse, the party had five years to enter or demand rent and
distrain; and long before that time Lord Grantley, it was
clear, had demanded rent, had received a promise to pay,
and had entered and cut timber. Now, he would not pre-
sume to offer any defence of Lord Abinger's conduct ;
none was needed ; but he must be allowed to say, that
if at the bar inflammatory topics were urged calculated
to excite the passions of a Jury, a Judge did but half his
duty who sat still and saw parties deprived of their just
rights, without endeavouring to do away with the in-
fluence of those inflammatory topics ; and if anything
appeared irregular and unusual in the conduct of the
Lord Chief Baron on this occasion, it was perfectly re-
concileable with a just sense of his duty, when they re-
garded the character of the address which his Learned
Friend had made to the Jury. There could be no doubt
that this was a grossly perverse verdict : he therefore
prayed the rule for a new trial might be made absolute
without costs.

The LORD CHIEF JUSTICE—We desire to have a little
more consideration of the facts of this case, without re-
ference to the bearing of the statute, before we give our

decision.

COMMON PLEAS—GUILDBALL, May 29.

BROMLEY V. HIGHWAY.

This was an action brought to recover a sum of 500/.
by the plaintiff from the defendant, under the following
circumstances :

It appeared that the plaintiff, who is' a butler in a
gentleman's family in Wmpole-street, in the year 1819
Married a woman of the.name of Cotterell, who was also
a servant in a gentleman's family ; both having saved
money, they took the Crown public-house, in ,Silver-
street. Golden- square. The plaintiff having had a fa-
mily by a former wife, brought the children home, in
of which disputes arose, and plaintiffand his
wife separated. Both went to service, and lived apart
until the year 1831, when the plaintiff took a house
in Barlow- street. His wife finding that to be -the
case, summoned him to the Marylebone police-office
for a maintenance, and the Magistrates ordered him
to pay five shillings a week. which he' did up to the
period of her death in 1839, though she had then consi-
derable funded property. When plaintiff's wife's health
began to decline she went to reside with her sister, a
Mrs. Cage, and on her death-bed, in 1839, took 500/.
from under her pillow and gave it to her sister, who gave
it to the defendant's wife (a cousin of the deceased), upon
the understanding that she was to get the interest for it.
However, the defendant being applied to for the inte-
rest did not pay it, and refused to return the principal,
upon which Mrs. Cage brought an action in the Exche-
quer, which was tried before Baron Rolfe • andthe defend-
ant pleaded, in answer to this action, ;hat the husband
of the deceased was alive, and she could not recover the
money, being legally his. Upon the plaintiff hearing
of the action he made inquiries, in consequence of which
he brought the present action.
Mr. Justice BosANQuET told the Jury that it was clear
from the evidence that the money was received by the
defendant, and it was legally the property of the plaintiff.
The Jury, after a few minutes' consultation, fbund a
verdict for the plaintiff for 500/.

THE PITT CLUB.—The triennial commemo-
ration of William Pitt took place on Friday at the Merchant
Tailors' Hall. The Earl of Eldon presided at the dinner, and
was supported by the Earl of Hardwood, the Earl of Win-
chilsea, and Lord Kenyon. Several Members of the House of
Commons also attended on the occasion, and altogether some
150 gentlemen took their places at the tables.
MAIL TRAINS ON SUNDAY IN SCOTLAND.
—We notice that the Dundee and Arbroath Railway
company have commenced carrying the mail bags on
Sunday.
This, As a matter of course, only the. ppm,.
mencement to all the 'oilier railways in Scotland running
mail trains on the same day.---Glasgow Chronicle.

WESTMINSTER SESSIONS.

TIIE QUEEN V. DANIEL GRUNDY, ESQ.
The defendant in this case was indicted charged with
having; assaulted Timothy Giblett, one of the Metropoli-
tan police, on the 16th February last.
Mr. Hughes appeared for the defendant.
The appearance of the defendant, who is a gentleman
of considerable fortune, and occupied chambers in the
Albany, in Piccadilly, when placed at the bar presented
that of a person whose mind was in anything but a pro-
per state. He, however, maintained a quiet and calm
demeanour, during the proceedings, occasionally asking
questions of the gaoler, to whom he repeatedly in an
under tone of voice said, " It was all a mockery and a
farce, and that it was a case of perjury." The prosecu-
tor, it will be remembered, from what has already been
published in the police reports, went to the Albany to
execute a warrant on the defendant, who, on beingin-
formed of the nature of his mission, exclaimed, " You
—you rascal !" and instantly collared him. A struggle
ensued, in the course of which the prosecutor was thrown
on the floor of the hall. The defendant then drew out
his sword stick and a pistol, and, pointing the latter at
his head, called out " Murder, help, help !" and then
made his escape, followed at a distance by the prosecutor,
up the stairs. This was the assault complained of. The
fact was proved by several witnesses.
Mr. HUGHES, on the part of the defendant, told the
jury that the case was one which the circumstances ren-
dered it necessary for him to- leave entirely in their
hands. He was unable' to rebut the evidence which had
been given, but would call a witness to show that his
client was intemperate in regard to passion and excite-
ment, both of which feelings had doubtless been aroused
by being told that the party addressing him had a war-
rant against
The COURT inquired what object the Learned Counsel
proposed to effect by calling his witness ?
Mr. HUGHES—MereIy that of showing how easily his
client became extremely excited.

The COURT said, if That was .the only object, the pro-
per time to put such a witness into the box would be
with a view to a mitigation of pUnishment after the jury
might have found the defendant guilty.
The Jury immediately returned a verdict of Guilty.
Ater a long discussion between the Magistrates who
-were on the bench,
The CHAIRMAN said that the defendant in this case
was a gentleman, and, as the Court understood, possessed
of very considerable property. They therefore thought
his case was one, the justice of which would, be met by
his putting in sureties to keep the peace.
The defendant—l have no means of repelling the
charge, Sir it is a case of perjury.
The CHAIRMAN—But we must be guided by the evi-
dence which is before us. It is a great pity.
The defendant—l think „not ; the thing ought, lam
aware, to have been settled at the Police-office for a so-
vereign. I know that very well.
The CHAIRMAN—WeII, what we must do here is to
take care to place you in such a position as to prevent a
recurrence of the assault. You must put in bail..
The defendant—What ! after having had something
like46oo/. to pay for a twopenny thing like this. Three
months have elapsed 'too. But I know it should have
been settled at once for a sovereign.
The CHAIRMAN—We cannot help that. The sentence
of the Court is that you pay a fine to the Queen of l s.,
and that you enter into your own recognizances for
1,000/., and find two sureties of 5001. each to keep the
peace. _ _ _

- • The defendant—Oh ! that's it, is it ? Well, then,
what I have to say is, that I think the whole of the con-
duct in this concern is a gross abuse ; it is a gross per-
jury ; it is all a mockery and a farce ; it is a gross abuse
on the part of the police and the Magistrates. Now I beg
to be allowed to say that I wish to have that expression
registered as my opinion. I say that that is my opinion
of the whole affitir. I wish you good morning, gentlemen.
The defendant then accompanied the Governor of the
House of Correction from the Court, whence, not being
prepared with the necessary bail, he was driven in his
own carriage to the prison.
POLICE INTELLIGENCE.

EVENTING EDITION'.

to give him 1001. to change his tune, but we Wald
no notice of him." , 11111
Sir PETEIt LAURIE—Wen, Whel did you near L,.-
the Society ? The Vice-Consul—l cased in three Ivs'll'osis
my dividend, and I found that all was up. The ds
gentleman told me that the business of the enaver",44e
stopped, and so I lost my money along with Ind!'
others, whose cases were a thousand times moro
able. Nothing can in fact check evils of this kind
Pr
England can get other countries to determine to
every person known to be a swindler under arrest.

MELANCHOLY SUICIDE.:O,
Saturday
D
epantfoinrdq,u
Lower-road
Oil
respectable Jury, upon view of the body of Mi,1114,,e1k
Castle, aged twenty-six years, daughter (..f 1",,e„,,ine0
known ship-owner of that name, - carrying on burnt
at Notherhithe, who was found drowned in the -t foi'
besetfowreasMhre.lCd .aCt ItirhtetalrV:llles
Surrey Canal on Thursday eve nine last under th '
lowing lamentable circumstances. ' - of iv
The first witress. called was William Jonet., on
Victualling-office, Grovi!-lane, Deptford, who saw 11flain
named Nash 'dragging the canal for the deceasetb,,lhni
about an hour the body was found. The deeWeet,
on a figured dress, but no bonnet. Witness sawn b' 0,0
and bottle labelled " Prussic Acid—Poison." Tir,r}Vil'
atso a parasol picked up. The bottle was market'
son, Druggist, liotherhithe." r, mnief'
Thomas Sadler, foreman of the carpenters, Co
cial Dock, said that he pulled deceased out of the `can
Jacob gall, of Grove-lane, said that he left thew,
mercial Docks at half-past three o'clock on Thui;eo
and on going to the canal he saw a bonnet in the ‘ mied
and one string fastened to a tree. A paper wt's f;othe
to the bonnet and a parasol and phial were lying -roil
ground. The note appended to the bonnet Os %/le,
on ; it was the address of Mr. Castle, namely. Alin
11, Lucas-street, Rotherhithe. . I
ti ego
Ann Linton said she was servant to Messrs. I.e-- • et
Charles Castle. The deceased was a single
twenty-six
Years; and resided with her brothers, 3fie,a moos'
H. and 'C. Castle. Mr. Castle, sen , came in the:k nil
ing and told Miss Castle that her .brother Freder% the
been lost on board the sh. Henry llesleY 1- fete'
lip enr e ,
..,a, fe
Channel off the French coast. deceasen,,,„toro
low spirited all the morning.
She went out and L' 0!
without saying word, which was not her custom' te i
returned about two, declined taking dinner, but wl.`'i,
letter and went out, as witness the
supposed, to
office. ,I
itne"
lady, aik

at
CORONER.—What became of the letter ? 'con-
do not know ;it was taken away, but by wh°lll f
say.
The Coroner and several jurymen said that the 0'
ought to be produced, as it no doubt contained t
of the rash act.
CORONER—It is important that shocoisimeetoira,'