The Sun.
London, England, 1841-12-16 00:00:00

SPIRIT of the PUBLIC JOURNALS

FROM THE EVENING PAPERS OF YESTRRDAY.
GLOBE.—If the Times finds it impossible to
preserve consistency of opinion, and avoid self-
' contradiction even throughout any one leading
article, still more impossible does it seem to find
it to preserve any sort of coherency, or common
tendency, amongst those motley guerillas of its
correspondence columns, which it equally honours
with large type and prominent place in
the same day's publication. When knaves
fall out, it is said, honest men cbme by
their own; and when Times correspond-
ents of one column fall foul with pious zeal,
and scriptural quotations, of the very palliatives
for our present evils which the Times correspond-
ents of another column suggest, they give wel-
come tokens of that discord in the enemy's
camp, which must yield to determined onset—
that restless want of union in wrong, which
cannot stand before union in the right. The
scriptural gentleman in to-day's Times attacks
the last " Queen's letter" to the Archbishop of
of Canterbury, which calls on her Majesty's
loyal subjects to co-operate with the Society Ibr
the Propagation of the Gospel in Foreign Parts,
in carrying on and promoting the good designs
of that Society :
" We are told in the Queen's letter 'that the
present state of the labouring classes in Great
Britain, together with the demand for labourers
in every British colony, affords reasons for be-
lieving that emigration will be carried on for
many years to come upon an increasing scale,
and that the condition of our countrymen who
quit their native land, and settle in distant coun-
tries, without any public provision for their re-
ligious instruction, gives them a strong claim upon
the Christian sympathy of the mother country.'"
Now we must so far agree with the scriptural
gentleman in the Times, as to say that it is in-
deed startling to find her Most Gracious Majesty
(who has done her best, at least, to provide
that her subjects should have bread at home)
reduced to apply to them in this language ! The
present stale of the labouring classes (no reserve;
no qualification!) is such as to afford " reason
for believing" that they must be expatriated
wholesale ! This is the first time a Sovereign of
England holds such language to her subjects !
Thank God we have a Sovereign whose will is
innocent of these extremities ! And these ex-
tremities----were they not foreseen and foretold
when the Corn-laws were first enacted ? We,
have quoted the late Lord Grenville on this
point. We will quote him again :
" The first petition which he begged leave to
present to their Lordships (March 6, 1815,)' was
from the merchantS, manufacturers, cotton-spin-
ners, and others in and about the town of Man-
chester, signed by 52,000 persons. . . . .
.The petition was read, and stated the mischiefs
Whieli;:fn'the opinion of, the petitioners, would
result fromaYerieVerance in the proposed altera-
tion in the Corn-laws, by raising the price of
provisions in general, sending skilful workmen ,
Out of the country to France, the United States
of America, &c., and ultimately proving highly
injurious even to the owners of land.'

-Lord Grenville, the late Sir Robert Peel, the
present Lord Ashburton, and others in both
Houses, enforced the prayers of these petitions
with an earnest emphasis, which has proved pro-
phetic 1 Yes—labourers are to be sent out of the
country to relieve their whole class I—a most
monstrous absurdity—individuals may be bet-
tered—the class will not. Labourers are to be
exiled, because trade is prohibited ; and agricul-
ture needs not our increasing numbers—the po-
pulation in some great agricultural counties is
even diminishing. The landlords don't want us
on their lands—the foreigners shan't feed us in
our towns!

STANDARD.—A week, or thereabout, has
passed since we put a plain question arising out
of Lord Palmerston's letter, viz., if the late Ca-
binet were impressed, as Lord Palmerston said
they were always, with the necessity of adopting
the principles of their abortive budget, why did
they postpone the adoption of those principles to
the month of April, 1841 ? The question
has not been answered; as far as we are
able to discover no serious attempt has been
made to answer it. The fact is remarkable. It
certainly is not that other matters of more
pressing interest occupy the attention and the
labour of our Contemporaries, for we scarcely
remember a season when "a subject for a lead-
ing article" was more in request, and we see
by marks, obvious to the initiated, though
the vulgar overlook them (at least we hope
so), that our Liberal Contemporaries are
not the lightest sufferers by the prevailing dearth
of topics.. Day after day the Morning Chronicle
spreads its Anti -Corn-law sophistries and
crotchets as nearly as it can in new shapes, as
one sees an old lady sometimes spreading her
fifty-two pasteboard playthings, in the hope of
obtaining a novel combination—still with the same
wearisome disappointment to matron and jour-
nalist ; they are still the same elements, only a
little damaged by thumbing, and all the modes
of arranging them have been long exhausted.
Night after night we have the Globe yawning,
and making its readers yawn, over the same
dreary " game of patience." Now surely when
" a new hare has been started," one would expect
that such an unexpected chase in so dull a season
would be eagerly followed, if there should not be
some danger apprehended from the pursuit. So
we suspect it is : the question which we have pro-
pounded is not one that will hear handling by
Whig-Radical hands—for either Lord Palmer-
ston's proposition must be admitted false, or his
Lordship and his party must plead guilty to a ten
years'. gross neglect of duty. We have heard a
whispered explanation, indeed, that the Whig-
Radical Ministers were not strong enough to
carry a free-trade law, and, therefore, they did
not make the attempt. Let us try to understand
this. The Whig-Radical Ministers were strong
enough to carry the Parliamentary Reform Bill,
the Municipal Reform Bill, various Irish
Church Amendment Bills, the East India Trade
Bill, many other Bills no less grave in their
operations, and, finally, the Bill which more than
all others outraged ancient habits and wounded
public feeling, the New Poor-law Bill. All
these they were strong enough to carry—why
could they not carry the free trade law ? It
will be said that the combination of monopolists
opposed them upon this last subject, though not
on others. What, are we to understand then that
it was by the aid of the " combination of mono-
polists" that the Parliamentary Reform Bill and
all the other great measures of the late Adminis-
tration were carried? Alas! for the honour of
reform, if this is true—if, after all, we have re-
ceived our new constitution at the hands of (we
blush to write it) a combination of monopolists.

MONEY MARKET and CITY NEWS:

FROM THE MORNING PAPERS OF YESTERDAY.
TIMES.—The premium on gold at Paris is 51 per
mile, which, at the English Mint price of 31. 17s.
101 d. per ounce for standard gold, gives an exchange
of 25 28, and exchange at Paris on London at short
being 25 47k, it follows that gold is 0.78 per cent.
dearer in London than in Paris.

By nclvices from Hamburgh the price of gold is 428
per mark, which, at the English Mint price of 31. 17s.
10Ncl. per ounce for standard gold, gives an exchange
of 13 01-, and the exchange at Hamburgh on London
at short being 13 7i, it follows that gold is 0.58 per
cent. dearer in London than in Hamburgh.
A point of considerable importance arises out of an
anomaly in the present sugar duties. So great is the
difference between the duties on raw sugar and that in
a manufactured state, such as lozenges, and other arti-
cles sold by the hard-confectioners, the impost on the
raw article being very high, and that on the manufac-
tured article little more than nominal, that a consider-
able loss to the revenue, and a great injury to British
labour, is the consequence. For the duty on lozenges,
&c., being so low, the great confectioners in London
have found it profitable to have their goods manufactured
in France and the Channel Islands, and imported here
ready made, and thus entirely deprive the English
makers of all chances of competition ; for the rate on
sugar here is so high, that it is impossible to work
it with any prospect of profit, while the foreign ma-
nufactured goods are admitted comparatively duty-
free. But the evil does nos stop here ; since, while
the English operatives are thrown out of employ, the
revenue is also affected by the diminution in the con-
sumption of Colonial sugar. These evils are so appa-
rent, and a remedy for them would be so easy, that one
would think the remedy need only be known to he in-
stantly removed. The process would simply be raising
the duty on the lozenges, so as again to bring the Eng-
lish workmen into employ, for as they are articles com-
pletely of luxury, and moreover purchased in very small
quantities, such an impost would not be felt as an in-
jury to the consumer. An additional motive for such
a measure is, a fraudulent practice which is said to have
made its way among the dealers in confectionery, viz.,
the importation of the sugar in its manufactured state,
to be subsequently melted down, and used as the raw
material. Whether this practice actually exists or not,
the evils which result to the operatives and the revenue,
even even by a legal use of the present scale of duties,
quite sufficient to merit serious attention.
We mentioned the. other day a circular from a
mer-
cantile house at Adelaide, in which overc ismesportfatihonwas considered to be one of the leading au
depression of trade in the Australian colonies,
especially
Sydney. This opinion is in a great measure confirmed
by a statement furnished by a correspondent, of the
stock of bonded goods in the port of Sydney during
the years 1840 and 1841, which shows n increasrmeof
the most reckless rapidity. Thus, in the first week of
January, 1840, the number of gallons of brandy was

under 9,000, in the corresponding period in 1841, as
much as 78,000, and in the first week of last July above
158,000. Geneva in similar periods increased from
35,000 gallons to 51,000, and 85,000 ; tobacco from
248,0001 b. to 492,0001 b. and 883,0001 b. An increase
of this kind cannot possibly be occasioned by any
adequate demand, nor can any cause be assigned for
such immense disproportion between such close pe-
riods, but the most inordinate desire to force goods
into a particular channel, without for a moment con-
sidering the wants of the population, or their ability to
meet the imports. It should be observed that other
articles have been supplied in equal proportion, and
that the bonded articles are merely cited in preference,
because the stock of them is capable of being ascer-
tained with greater accuracy.
The tricks of fraudulent traders are often exposed,
but are constantly assuming new shapes. A country
correspondent has sent us one, the description of
which may furnish a very useful warning to many
persons. He was applied to in June last to under-
take an agency for the sale of a certain description of
goods, which he undertook, but sent no order, and was
duly furnished with a supply of the article. In Nov.
he received a notice that the party had disposed of his
business to another person, and a few weeks afterwards
that person, though a solicitor, made a peremptory
demand for payment with an addition of ss. for the
cost of the application, threatening immediate legal
proceedings in the event of non-compliance. The cal-
culation is of course that many timid persons will thus
be frightened into a discharge of the claim. • We need
not describe the article supplied, though the whole cor-
respondence connected with the affair has been sent.
The warning will do equally well without it, and it
would therefore in the present glorious state of out libel
law be incurring gratuitous risk.
CHRONICLE.—We told the innocent holders of
the spurious Exchequer bills " that they must either
make up their minds to try the fate of an action, or
wait until Parliament meets ;" for it was plain that
the Government had been advised to resist payment,
upon the ground of forgery. We have strenuously ad-
vocated the claims of the innocent holders, and conceive
that the conviction of Smith, as the sole and only cri-
minal, if possible strengthens their case, because it re-
stricts the fabrication and issue of the spurious docu-
ments to a paid officer of the Crown, holding a situa-
tion of high trust and confidence. But while
we hold that doctrine, and maintain that the
lathes committed by the Exchequer are sufficient
to establish the claims of the innocent holders, our
difference with the Government in this matter rests on
other grounds than the mere postponement of the affair
until the meeting of Parliament. The impounding of
the bills to wait the directions of the Lords of the Trea-
sury gave an undue advantage to the Crown, in so far
as in a coourt of Law it would throw upon the holders
the onus of proving that the bills were genuine ; where-
as the burden of proving forgery should have remained
with the Crown. The bills should have been restored
to the holders after having been branded at the
Exchequer with a notice that they were rejected
as spurious because they did not, on exami-
nation, correspond with the counterfoils. That
was the sole test on which the Exchequer-office
relied, and on which they decided whether the bills
examined were genuine or fictitious. They were quite
incapable of deciding whether the signatures were real
or not, and yet the course they pursued was just the
same as if they had been in a situation (as they ought
to have been) to detect the spurious bills by an ex facie
examination of the hand-writing. This they could not
do. The Deputy-Comptroller, to be sure, said he
could do so, but did not dare to attempt to put his
profession into practice. They tested the bills at the
Exchequer, not by reference to the signatures, printing,
numbers, or stamp, nor by any means within the reach
of the public ; but by trying whether the notches on
the edges of each instrument did or did not correspond
with the counterparts.
We look upon such conduct as open to strong ob-
jection, and savouring more of what we might expect
from the Old Bailey than from Whitehall. But if the
bona fide holders have good grounds of complaint for
the chicanery which has been practised against them in
impounding their property, and thus preventing them
from using their relief both against the Crown and
their immediate authors, they have much graver
right to protest against the collision with which,
to all appearances, the trial of Smith terminated.
Smith declared in his confession that he was the
victim of more powerful and cunning associates,
who robbed him of all share of the common plunder.
We are not, to be sure, disposed to place much reli-,
ance on any statement from him. Nothing he could
say against others is entitled to much reliance, and if
the allusion to higher game rested on the mere asser-
tion of the convict, it ought not to receive much no-
tice ; but in this respect it is seemingly corroborated by
the statements of the Counsel for Rapallo and the
Crown, both of whom alluded to " important circum-
stances that had transpired elsewhere," which made it
necessary that the character of the accused should be
cleared before a Jury. Under these circumstances, the
plea of " guilty" by Smith and the liberation of Rapallo
have created a strong impression in the public mind
that the former had agreed to plead guilty under pro-
mise of commutation of punishment, in order to avoid
disclosures which would come out from the witness box.
The manner in which Rapallo was allowed to slip through
their fingers after Smith pleaded guilty, makes this
the more likely. The Judge very properly was slow
to let him loose, and even stretched a point :in
detaining him some time after the Crown Solicitor had
stated that he had no instructions to proceed against
him. After all this, and after the bird had flown (but
not till then), a police-officer, or some other myrmidon
of the law, is said to have appeared with a warrant for
his apprehension on some new charge connected with
the fraud of Exchequer bills. This official did not
come into the field until after Rapallo was out of reach,
and then made a great noise and splutter (as if on pur-
pose) to make it known that he had a new warrant.
There is not a shadow of doubt that Smith had numer-
ous confederates, and that a conspiracy for defrauding
the public had been for years in operation. The public
therefore, expected a rigid investigation into the whole
mystery and bearings of the plot. The ends of justice
demanded that this should be done, but instead of this
the whole affair ends in smoke, and there is too good
reason to suppose that a bargain bad been concocted to
smother the truth.

MUST.—We recommended, many months ago, to
capitalists in this country interested in the affairs of
the United States Bank, that they should lose no time
in calling a meeting, and forming a Committee of in-
vestigation. We did this long before the assignments of
the property of the instituti3n in favour of particular
parties in America were made, so much to the pre-
judice of the stockholders in England, and before
the resumption took place, the effect of which was
the payment out of the coffers of the bank, very
much at their expense, of six millions of specie, in
exchange for its notes, in the course of two or three
weeks. A Committee at that time would have been
of much service, as its reports would have exercised a
salutary control over the conduct of the Directors of the
Bank. The English Stockholders, with that apathy,
however, for which they are remakablc in such cases,
left the Directors to take their own course, and the
result is that the shares, which were last year worth
from 101. to 201. each, are now worth no more than
from 10s. to 20s. It may not yet be too late to call a
meeting and appoint a Committee, for although the ,
shares have indeed fallen to the miserable prices quoted,
something may still he made of the wreck.
The case of the forged Exchequer bill holders is
another case that calls for activity and inquiry, but we
do not hear that any beyond individual efforts are
making to procure redress. A public meeting of the
sufferers should be convened, and steps taken to get at
the root of the gigantic Treasury frauds—to trace the
plunderers to their dens, and compel them to disgorge
their ili-acquired gains.

There is also another class of unfortunates whose
case equally demands investigation. We allude to the
numerous parties affected by the large and ruinous
failures which have given so mournful celebrity to the
proceedings in our Bankruptcy Courts during the last
eighteen months. We hear of individual partners, ori-
ginally possessed of no property whatever, drawing
out
from the concerns with which they have been connected
lto
the enormous sums of thirty and forty thousand pounds
annually each, and that for a continuity of ye
declared to have vanished. ,the whole is ars . yet,
when their affairs come to be 100 ied in

NATIONAL PROVIDENT INSTI-
TUTION.
The sixth annual meeting of the subscribers to this
institution was held yesterday at one o'clock at the office
No. 13, Nicholas-lane, King William-street, for the pur-
pose of receiving a statement of the accounts, &c.
One of our reporters attended, but he was told that it
was a private Society, and therefore the press could not
be admitted; consequently we are precluded from giving
any report of the proceedings.

Mr. F. Lewis,
Mr. Nicholls Poor-law Com-
missioners, and one
of the Assistant Poor-law Commis-
sioners, transacted business yesterday morning with Sir
James Graham at the Home-oilice.
The announcement we made of a vessel having
sailed from Rotterdam, to purchase a thousand blacks at
Ashantee for the King of the Netherlands, is fully con-
firmed by more recent accounts. The name of the ves-
sel, however, is not the 13ritannia, but the Europa.—

Anti- Slavery Rsporter.
At a meeting of the Cambridge Philosophical
Society, held Dec. 13th, the Very Rev. the Dean of
Ely, President, in the chair, an addition to Mr. De
Morgan's paper on the Foundations of Algebra was read,
and Mr. Hopkins read a memoir on the form of the
Isothermal surfaces within the earth, and on the thick-
ness of the -earth's solid crust, supposing the central
portion to be fluid.
The under-mentioned were among the passen-
gers landed at Calais from Dover on Sunday last, by her
Majesty's steam vessel Widgeon, Lieut. Striven, RN.,
commander:—Duke Stackpole and suite, Earl Munster,
Lord Aylmer, Lord Howden, Sir Noel Harris, Vis-
countess Stuart, &c. &c.

MORNING StXi'.

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LAW INTELLIGENCE. vl=‘;',,` C 5 —di
COURT OF Cf. I.<l NC ER Y, Dec. 15.
LV
m SA''''
THE ATTORNEY-GENERAL V. THE EARL OF STANFSI4II.a.
The arguments in this information were resumedifirib morning, and occupied the Court the whole day. The
case appears likely to take up several days in argument.
We gave a statement of the facts yesterday in our Second
Edition.

ROLLS COURT, Dec. 15.
ALLEN V. BONE.
The arguments in this case, which was reported in The
Sun of Monday, and was postponed yesterday, in con-
sequenee of the absence of Mr. Pemberton, was con-
cluded this morning.
The MASTER of the ROLLS dismissed the bill, and or-
dered the costs to be paid by the solicitors as between
solicitor and client.
CREASE AND OTHERS V. JOHNS AND ANOTHER.
Mr. PEMBERTON (with whom was Mr. Parkington)
moved for an injunction to restrain the defendants from
taking possession of and working certain mines in
Cornwall, called the Treloare and Crowgey mines, and
held under a lease from the Duchy of Cornwall. The
injunction had been applied for ex parte, in the
long vacation, but the Master of the Rolls, considering
that it was the subject of a special application, refused
then to make the order. The case was partly heard yes-
terday. It appeared that the mines in question became
vested in Mary, the wife of Captain Henry Crease,
R.N., and that in the year 1835, they granted a
lease of them to a Company called the Cornwall
Great United Mining Company, but not being satis-
fied with the manner in which the mines were worked
by the Company. the plaintiffs exercising a power they
had reserved to themselves in the lease terminated it, and
obtained possession of the mines in January last. The
plaintiffs afterwards agreed, in consideration of several
reservations to let the mines to one Mr.
Came, who was to work the whole of them. The
defendants, however, alleged, that in the year 1830 the
agent of the plaintiffs had agreed with them for a lease,
and had received from them two shillings and sixpence,
in consideration of it, and that another agreement for
a lease -of the same mines had been made between
the alleged owners of the tin bounds and one
Richard Williams, of Bloomsbury, London, who had de-
mised the same to defendants in pursuance„ as they
alleged, of a custom in Cornwall, by which any person
raising up, on a piece of unoccupied land, four hillocks
of earth or stones, termed " tin bounds," giving notice
thereof to the Lord of the Manor, and proclamation in
the Stannary Courts, and renewing the same annually,
became entitled to the minerals under it. Mr. Came, on
becoming the lessee of the mines, purchased a portion of
the machinery which remained in the material-house,
until the 10th September last, and on that day was
about to place other machines on the premises, when
the defendants and forty or fifty of the workmen of a
neighbouring mine, called the Wheal Level Mine,
who had taken forcible possession of the mines,
prevented him from doing so, and said they
would retain possession. A Mrs.i Lydia Taylor
one of the adventurers in the Wheal Level Mine, had
applied with Hannibal Perry, one of the defendants, to
the plaintiffs, for a lease of the mines in question, which
had been refused, upon which the defendants took for-
cible possession. The plaintiffs denied that any agree-
ment had been entered into on their behalf with Johns and
Perry for a lease to them, and alleged that they
were willing to try the validity of their title
in any manner the Court should direct ; but they prayed
that some person or persons more responsible than the
defendants, who are workmen, might be opposed to
them, from whom, in case of the plaintiffs maintaining
their title, they might be able to obtain their costs.
The MASTER of the Rotas having heard Mr. Kinders-
ley and Mr. Bacon for the defendants, and Mr. Pem-
berton, in reply, for the plaintiffs, said that he thought
the plaintiffs were entitled to tranquil possession under
the Duchy lease pending the trial, provided he was sa-
tisfied that the legal right would be protected, and that
what was done with the property in that period would be
consistent with the interests of the parties. But
it appeared to him that the defendants, before
that Court came as agents of Mr. Williams, and it was
important, therefore, to know whether Mr. Williams
would come forward. The defendant's Counsel said that
he would do so to-morrow, and he, therefore, thought it
would be his duty to 13 the case stand over till then,
that Mr. Williams might be formally before the Court.

VICE CHANCELLORS' COURT, Dec. 15.
(Before Vice- Chancellor KNIGHT BRUCE.)
HOLLAND V. CLARK.
In this case the bill was filed to recover the sum of
1501., the amount of a legacy to which the plaintiff
claimed to be entitled in right of his wife. The de-
fendant, who was trustee under the will, had on one oc-
casion given a promise to pay the legacy, but afterwards
alleged that he had no assets for that purpose. The
question was whether he had rendered himself liable to
the payment by his promise to the plaintiff.
The case was not concluded at the rising of the Court.
(Before Vice-Chancellor \Vic RAM.)
His HONOUR disposed of several petitions and short
causes, none of which involved any feature of public in-
terest.

BLARESLEY V. WHIELDON,

In this case the bill was filed with reference to cer-
tain coal mines which were worked by the defendant.
Before the plaintiff's case was concluded, the Court
rose, and the further hearing was postponed till to-
morrow.

COURT OF QUEEN'S BENCH, Dcc. 15.
(Sittings at Guildhall, before Lord DENMAN and a

•
Special Jury.)
BRITNE v. THOMSON.
This was an action brought to establish the right to
certain tolls claimed by the plaintiff, as proprietor of
certain port dues payable upon all goods and merchan-
dise entering the Port of Padstowe, on the coast of
Cornwall. The proprietor claimed under a charter
granted in the reign of King John to the Prior and
Canons of Bodmin. The dues were regularly paid upon
all vessels trading with the port down to the year
1728, when a person named May disputed the right of
the then proprietor, one Prideaux. The case was
then fully investigated, and a verdict returned
for the plaintiff, and since then another attempt was
made in 1805 to resist payment of those dues ; but as
soon as proceedings were commenced, the defendant con-
sented to pay the toll dues. Since then the proprietor
had regularly claimed and received the dues on all mer-
chandise imported into Padstowe till the present de-
fendant resisted their payment, and the present action
was brought to try the right of the plaintiff to these tolls.
Mr. CRESSWELL stated the case for the plaintiff, and
Mr. ERLE appeared for the defendant.
There are a large number of witnesses to be examined,
and the case is likely to occupy a considerable time.

COURT OF COMMON PLEAS, Dec. 15.
Sittings in London before the LORD CHIEF JUSTICE and

a Special Jury.)

IIARRISON AND OTHERS u. lIEATHERN AND OTHERS.
This was an action against certain Directors and
Shareholders of the late Anglo-American Mining
Com-
pany, to recover certain sums of money advanced totheDirectors on account of the Company.
Richards, a s ond
lt
led
byThe case for the plaintiff was conducted by Sir Thos.
Wylde, with whom were Mr. Watson, and three other
gentlemen
Wm. ;
Follett,thatija,no,l-liett, lth
v i of
whom were
w
Mr.
—For the plaintiff it was proved that bills of exchange
to the amount of 6,0001. drawn by the defendants, and
accepted by the plaintiffs, were paid by the latter, upon
Thomlinson, ancilni;eevki•on.c4)ttliinerts.l.
an agreement that the drawers should be severally liable,
if the Company should fail.
The defence was that the Company was not legal, in-
asmuch as the provisions of the Act, the sth and 6th
Geo. IV., commognsallyliacraelilieodldetlrise. " Bubble Act," had not
been complied with,
purposes, and
athnedretfhoereptlhaientmiffosnhel•dwnaos
pied the Court from half past nine
o'clock
claimicTvl oahenekcaegidan triali fntoisriteoti
1 half-past four, when a ver-
dict was returned for the plaintiffs, with leave to the
defendants to move for a nonsuit upon several points
reserved.

SHERIFFS' COURT, Dec. 15.
CRIM. CON.—DAMAGES 7001.

This was JACKSON V. BROOMHEAD.
for the l an action to recover compensation in damages
loss sustained by the plaintiff from the seduction
'ro
of his wife by the defendant. Damages were laid at 10,0001.
Mr. Crowder, Q.C.
zy Belly and Mr. and Mr. Martin, appeared for the
plaintiff, and Mr. Fit
James, for the
defence.
Mr. MARTIN opposed the pleadings, and stated that
the plaintiff was William Oliver Jackson, solicitor of the
Adel Phi, and Chester-square, Regent's-park, and the
defendant was Joseph Broomhead, barrister-at-law.
The action was brought to recover compensation in
damages for criminal conversation with his wife.
Mr. CROWDER rose and said, it was his duty to
detail circumstances of a melancholy, irreparable,
and distressing character, being no other than the seduc-
tion of the plaintiff's wife, by the defendant.
It was alleged that the action had been brought
to recover damages, rot compensation for the
loss, nothing on earth coull compensate a husband for
the loss of his wife's affection and society. His only
means was to resort to the law, fur the twofold object of
a legal dissolution of the marriage, and, if possible,
to alleviate the wrong he had sustained. Of all cases
of this description lately before the public, none were of
so aggravated a character as the present, as the parties
were related by marriage, and were on terms of hid
macy and friendship. The facts of the case were
shortly these : The plaintiff met his
on her
thegether till
though a college acquaintance at her fathervvife
.son of a
a
house Dr. Johnson, of Suffolk-place. They were
ried in 1835, the plaintiff being then 28 years of
his wife wife six years younger. The sum of 10,00717 and
wentieftm'sihdtshtoahh°cleoriuissl6d'
then settled upon the plaintiff and his wife-4,000 j
side, and 6,0001. on his. They lived happily to
College, where
the 15th June, 1841. Mr. Broomhead was
was called
clergyman of wealth and character in
Derby, and had been brought up at King',-,
ICieoll County
of
and go
he was introduced to the plaintiff.
adduce, business,
to the bar in the year 1838.
haddleboeef
been permitted to sleep at the plainilt
htandouhglhataaet
away next morning, when plaintiff
keen
theab absent
oul d
Jackson,ftti e n
andtreturnly contrive i n
ttoheh
come
but it would appear, by the evidence he
home with her
tt that a t visit he
Mrs.m
e n ing
as
all husbandda in
Thesethe advantagese v
to effect the ruin of the plain.tifre.l3. enabled him
the day in question the plainlitr had,s wife. On
dinner party. After the company had a small
house, about ten o'clock in the evening, had
quitted the
went to his dressing-room, accordi er Mr.
Jackson
for the purpose of smoking, leaving 116 t° his usual custom,
the defendant and Mrs.
J. together in the drawing room. He (plaintiff)called out
several times "Joe is to come down," and receiving no
answer, he walked up stairs,
and then became an
eye witness to a scene a. •of disgusting depravity, andg wit-
nessed his own dishonour. He •
seized the defendant by

MORN LNG SUN

the collar, and dragging him clown stairs threw him into
the street, and he should produce a witness to
prove that he was seen there with his clothes
in disorder. Shortly after that, his wife, taking
advantage of the confusion, rushed into the street with-
out her bonnet, and went after the defendant, and
both entering a cab, drove to a house in Lincoln's Inn,
where they spent the night together. Subsequently went
to.the Southampton Arms, near the railway, and also slept
there. She was ultimately persuaded by a friend to
return to her parents' roof. The Learned Counsel
having detailed other facts at considerable
length said he had no desire to exaggerate, but would
leave the case in the hands of the Jury.
Evidence was then tendered to prove the statement of
the• Learned Counsel, and

Mr. FITZROY KELLY replied for the defence, contends
ing that the plaintiff had neglected his wife.
The Learned UNDER-SHERIFF summed up the evi-
dence, and the Jury returned, after ten minutes' consul-
tation, a verdict for the plaintiff—Damages 7001.

COURT OF BANKRUPTCY, Dec. 14.
IN RE CAVE.

MINING SPECULATIONS.—This day was fixed for the
final adjourned examination, and on which occasion the
Learned Commissioner, in pronouncing his adjudication,
entered into an elaborate review of the leading points of
the case. This was one of the most extraordinary cases
that had recently come before the Court. When holding
a situation in the Horse Guards, and certainly, as far as
there appeared, without any improper design or intention
of a fraud on his part, Mr. Cave propagated the plan of
entering upon this extensive pursuit, without possessing,
as he himself admitted, any knowledge of geology. Ile,
however, procured a certain number of mines, and then
obtained the assistance of au extraordinary class of
Shareholders, to the number of 54, to aid in their being
worked ; 'but he (the Learned Commissioner) could not
concur with the statement of Mr. Cave, that the money
and assistance had been so obtained without either puf-
fing or exaggeration upon his part. He (Sir C. F. Wil-
liams) thought it had been obtained by seduction and
allurement, in proof of which he quoted the letters which
we gave in a late report of those proceedings. In this
unseemly race for lucre he was sorry from his heart to
find a number of clergymen., Fifteen clergymen had lost
121,0001., and the result has been that many families
have been deprived of their comforts, and not a few re-
duced to comparative ruin. The Learned Commissioner
next adverted to the hopes held out by Mr. Cave as likely
to result from the Rospeath and Weal Bolton
Mines, bat a few simple figures would show
how fallacious were those hopes. The produce
of the llospeath mine from 1833 to 1839 was
5,1241., while the expenses were 19,7221.; and the pro-
duce of the Weal Bolton, for the same period, was abont
18,000/. and the expense 34,0001., so that in whatever
seductive colours the value of the mines had been dressed
out, there Was a loss upon one of them alone of 14,398/.
The Learned Commissioner next referred to the paper of
instructions (given by us before) as a proof that while Mr.
Cave- denied having used entreaty, or hold out any
flaming exaggerations of anticipated profits from his
mines, the paper to which he (the Learned Commissioner)
now referred was a formal contradiction. The next
letter on which he felt it his duty to make some com-
ment, was one written by a clergyman to Mr. Cave, and
dated in September, 1838, in which he asked that gentle-
man to furnish him with an account of the value, profits,
and if assailable by the sea or not. To that letter Mr.
Cave gave a most flourishing answer, stating the outlay
to have been about 600,000/., but that in consequence of
the necessity of a further outlay the sum of 100,0001.
more would be required, as the supposed amount of pro-
duce would realise 100,0001. a year, and that taking all
the mines together they must then have been worth
2,500,0001. That in the event of his death he had left
his property in the hands of trustees, in order to pay
the dividends to the Shareholders, and secure to them
the value of their capital, as existing circumstances
might require, and to give them all a controlling power
over a property which Mr. Cave considered to be so va-
luable. The gentleman to whom this letter was address-
ed was a heavy sufferer, and no one could deny that it
was calculated to deceive or to decoy, and many there
were who embarked in these " magnificent" investments
under similar representations ; whatever the honest opi-
nion 'of Mr. Cave might have been, that ultimately his
Quixotic notions upon these speculations might be carried
into effect, all the great benefits thus anticipated by
Mr. Cave were without any proof ; and he (the Learned
Commissioner) must deplore the credulity and fatal ac-
quiescence to which a clergyman, a man of high
education and knowledge of the world, had lent
himself in advancing nearly 30,0001 under the delu-
sive hope of making 10 per cent. by it. " I verily
believe," continued the Learned Commissioner, " that
at the outset Cave was a Quixote, and that he
thought great things might be done of these mining
speculations, and thought he was doing no wrong in hav-
ing shareholders to join him ; but when I find a clergy-
man sent to Algiers, when I find large advances made to
some, and bounties granted to others, I feel within my-
self that Mr. Cave must have begun to doubt the ultimate
realisation of his wonderful expectations. I think that in
1838, the bankrupt found he was engaged in an un-
righteous and an unholy pursuit, although, at the same
time, I am willing to believe that his fanaticism and his
Quixotism induced him all through to think that in the
end he might realise a fortune ; that fortune now, how-
ever, turning out an empty bauble, leaving only about 6/.
in the hands of the two bankers where the subscriptions
of the Shareholders had been deposited. In what I have
thus said, I have only been speaking from the evidence
before me, and I have been only induced to make these
observations with a view-of saving many a family from
ruin, by preventing them from embarking in such mad
and i seductive _speculations. Upon the working
of the mines (enumerated by the Learned Commissioner,
and reported by us before), there was a loss of 194,0001.,
and if Mr. Cave views the case differently, even as he
appears to do now, I can do no more than pity the con-
tinuance of his delusion. No person is entitled to
greater credit than Mr. Cave, for the clear and unre-
served disclosures which he has made of the whole
course of his conduct throughout these affairs; but the sum
of 6,8C0L, expended in presents of pipes of wine to one and
to another, and in advances of money to outfit parties to
India, and bring others from thence home, might be
called generosity in some circumstances ; but in
those of Mr. Cave they are not justifiable. lam
astounded at the credulity, and mortified at the in-
jury . which has been inflicted upon fifty-four respect-
able families, who cannot now get the fiftieth part
of a shilling for all the thousands which they have
embarked in these speculations. Now a word as to the
accounts of Mr. Cave ; and I must say that they do him
and the accountant (Mr. Hutton) for the creditors every
possible credit ; I believe that no fraud was intended,
but I 00 believe that there was seduction used, and that
serious injury has resulted to many deserving persons,
as well at to Mr. Cave and his family. I now report my
commendation of his accounts, which are to me highly
satisfactory, as they are quite fair, and fully intelligible ;
and by law I have no power to withhold passing his fina
examination ; and as to his certificate, that rests entirelj
with his creditors."

The balance-sheet having been handed in, and the
truth of its contents having been sworn to, the bankrupt
answered the usual interrogatories, and was declared to
have passed his final examination.