The Sun.
London, England, 1833-12-17 00:00:00

MR. 11/ W. HARVEY AND THE BAR.

(Abridged from the Essex Herald of this day.)
On Friday evening last the Benehers reassembled, and
Sedgwiek concluded his summing up of Mr. Harvey's
vase. These proceedings have occupied nine evenings,
and we understand it is probable that the decision of the
Benchers will not be made known until the next Term.
It appears to us that the following are the principal points
of the case :

The certificate of the Benchers of their objections to
Mr. Harvey's claim to be called to the bar, goes to charge
that he having, as the agent of Mr. Frost, of Kelvedon,
sold an estate for his client to Mr. Skingley, for the sum
of 1,450/., paid to Mr. Frost only the sum of 9501., put-
t-rig into his own pocket the difference-5002. ; that an
action was brought against him by Frost, for that 5001.
and other moneys, and that the plaintiff in M arch 1814,
obtained a verdict, with datrat<es for 8971. 19s. 6d., and
that Mr. Harvey did not defend the action. After the
Harvey
of the trial in the ( helmsford Chronicle, Mr.
Harvey published a letter in that paper, stating that any
person mighi see at his office an agreement between him and
Mr. Post, for the purchase by him of Mr. Frost, of the
easrare for 9501., and another subsequent agreement between
tom Mr.Skingley, for the sale of the estate by him to Mr.
S. for 1,4,50/. He also stated that he should take the earliest
opportunity of moving for a new trial. The certificate
alleged that the benchers had no account of these agree-
ments having ever been seen by any person but his own
clerk and the Common Council of Bishopsgate Ward. It
was also observed, that the estate was actually conveyed
from Frost to Skingley, and the consideration inserted was
the sr:aller sum of 930/.

Another principal charge was, that Mr. Thos. Andrew,
aaolicitor, of Coggeshall, having charged Mr. Harvey with
fraudulently taking his (Mr. A.'s) office, an agreement,
the abstraction and defeating of which would be highly
beneficial to his (Mr. ll.'s) client, a Mr. Shelley ; and
Mr. Andrew publicly stated that he would have Mr.
liatvey struck off the roll of attorneys. For these decla-
rations, Mr. H. brought an action for defamation against
Mr. Andrew, who pleaded justification, i. e., that his
declarations were true ; and he obtained a verdict in his
favour.

There were other minor points; hut it appeared from
the certificate of the Benchers, that the verdicts in these
two cases formed the main grounds of their rejection of
111 r. Harvey.
In the recent investigation, Mr. Harvey produced many
witnesses and documents to vindicate his character.

The testimony went to prove the following facts:—
With respect to Frost's estate, among other evidence,
Mr. Harvey called Mr. Waylen, who succeeded Mr.
Andrew in his business at the decease of the latter in
1826. Mr. Waylen stated that in December last, he,
while looking through the late Mr. Andrew's papers with
no friendly intention towards Mr. Harvey, found a copy
of tl e agreement between Mr. Harvey and Mr. Skingley,
dated 13th October, 1809, part of it being in the hand-
writing of Mr. Andrew himself; he also produced
a letter (found among the same papers) written by Mr.
Frost to Mr. Skingley, and dated the 9th of October,
1809, and asked him if he had seen the agreement
which had been signed by him (Mr. Frost) and
Mr. Harvey. This agreement and letter were now pro.
duced to the Benchers. Mr. Harvey also produced his
former clerks to prove the existence of the agreements, and
Mr. White, a common councilman of Bishopegate Ward,
to prove that the agreements were laid before a meeting of
the common council in April, 1814, and that a unanimous
resolution was passed declaratory of their being satisfied
with Mr. Harvey's conduct with regard to Mr. Frost's
affiir. He also adduced testimony to show that after his
letter in the Chelmsford Chronicle, persons did apply at
his office to see the agreements, and actually did see them.
Other evidence went to show that the estate was conveyed
by Frost to Skingley for the smaller consideration, to avoid
the heavier stamp duty, which was a practice commo❑
among the most respectable part of the legal profession.
With regard to his not moving (or a new trial, Mr. Harvey
said that he settled with Frost subsequent to the verdict, and
that Frost refused to take the 5001. for the recovery of which
he said Mr. Andrew had proceeded without his consent—
that he, Mr. Harvey, having thus settled with Mr. Frost,
and having repeatedly and publicly challenged inquiry into
the transaction while all the parties were living, and
having been repeatedly returned to Parliament for the
Borough of Colchester, he considered that he had vindicated
his character in the best and most complete manner.
Sir Charles Wetherell frequently recurred to the
evidence of Mr. Skingley on the trial, in which that
gentleman had deposed that Mr. Harvey asked him
for the 5001. after Mr. Frost had left the room, and that
he paid it him. To this Mr. Harvey replied that he doubted
not that Mr. Skingley was confused when giving his
evidence, and impressed with an idea that he was in
danger of losing his iurchase money and of being liable
to penalties. He also complained that the Judge and
Counsel put leading questions to Mr. S. which, at all
times was very improper, and particularly so in an unde-
fended cause. He did not mean to accuse Mr. S. of wilful
misstatement, but asserted that from the circumstances in
which be was placed, he stated that which was incorrect.
He also urged the argument of the absence of all po.sible
motive for Mr. Skingley to pay 5001. to him (Mr. Harvey)
if he (Mr. S.) had bought the estate of Mr. Frost for
9501. Mr. H. produced documents to show that he had
settled with Mr. Frost.

In the case of " Harvey v. Andrew," Mr. Harvey
stated that the paper which he was accused of purloining
was one, the execution of which would have been highly
advantageous to his client, and therefore there could be no
motive for purloining it ; whilst on the other hand, Mr.
Andrew had every motive to g.t rid of its execution, and
in point of fact did so, though Mr. Harvey moved the
Court of King's Bench to enforce upon him the perform.
ance of its conditions. The verdict against him (Mr.
Harvey) was given entirely on the evidence of Mr.
Andrew's brother, who was in the office with Mr.
Harvey, at the alleged time of the paper being
taken, and swore that there were four papers on
the table, and that after Mr. Harvey went out
there were only two ; but on cross-examination he said he
did not see Mr. H. take the papers, and could not swear
that he did take them. He (Mr. H.) also asked why, if
Mr. Andrew could establish the fact, he did not apply to
the Court of King's Bench to have him struck off the
Roll ? He proposed to offer evidence to show that John
Andrew had subsequent to the trial made declarations
tending to exculpate him (Mr. H.) from the charge of
purloining the papers, and also to invalidate his character
and that of his brother, but the Benchers after consider-
able deliberation decided that they could not hear such
testimony.
I❑ the course of the proceedings Mr. Harvey repeatedly
complained t bat the Benchers had not, with their certifi-
cate, transmitted to the Judges a copy of the evidence
produced by Mr. Harvey on the former occasion, and that
they bad introduced into the appendix of their certificate,
certain affidavits which had not been produced to Mr. H.
on the former occasion. He also averred that they had
assumed several important facts in the case which had not
been proved. He also frequently adverted to the difficulties
imposed on him by ths,.nature of the tribunal before which
he appeared, as that tribunal could not give him any
authority to compel the attendance of even a single witness.
[ln the absence of a detailed report, the above abstract,
which we give with perfect impartiality, will furnish our
readers with a correct outline of the leading points of
this most important investigation.]

THE DUKE OF WELLINGTON AND TEM-
PERANCE SOCIETIES.-The Duke of Wellington has given
his sanction to the introduction of Temperance Societies
into the srmy. A Regimental Order of the Grenadier
Guards, of which his Grace is Colonel, is now lying before
us, wherein it is stated that his Grace " has inquired
whether any Temperance Societies exist among them,"
arid expresses his opinion " of the great advantage which
might result from the adoption of systematic measures to
repress habits of intemperance, and to encourage sobriety"
—adding that " nothing would be wanting in the
character of the English so'dier, if the prevalent vice of
drinking to excess could be eradicated." The Order then
urges the benefit of temperance, and states " that those
who become unfit for the service will receive little or no
pension at examination at Chelsea if their disability shall
be traced to habits of excessive drinking." Such a dis-
tinction must he made in justice to the good and steady
soldier, who preserves his health, and serves the proper
time.—Kentish Observer.

CLIFTON SUSPENSION BRIDGE.—The de-
lay that has taken place in commencing this interesting
work has had the effect of producing a plan which may
probably supersede
the adoption of the suspension prin-
ciple altogether. Mr. Motley, f)rmerly of this city, pro-
poses a stupendous arch, of 600 feet span, combining the
two principles of compression and tension, so ingeniously
adjusted as to assist each other. It is proposed to be of
wrought iron ; and in its construction, as Mr. Motley
explains it us, our readers will be surprised to learn
that heittotto(totlelitft it without the aid either of a
fixes itfailutck (RWharik-tErmed a " centre." The plan
hit; fP. iiALunittel 4ifse-ril individuals who rank highly
ttiN-ecience, jatt Iwe hear that some of the
V;--ibOri to the )Itlspension bridge are favourably
;11-I • \#,-"rthe saving in expense will, it is expected,
tiiirtelderiblerr—Bristotjournal.
tr
Z.,

i'ltic;F.s 01' s'f' CKS TH. S iIA l' ~, INN. O'CI 1)k A.
3 ink Stccx 2lO 114 New 5 per Cent.
3 ivy Cent. lied. 874% India Stock
3 r...r Cent. Cons. ...... .... shut Ditto Bonds 2l 22 pm.
11,4 per Cent — South .Sea Stock ...... ......
Ditto Rci1....... 9614 4 Old Annuities —
Kew n% per Cent,
I per Cent. Ann. 1726 .... 3 per Cent. Attn. 1751
1 per Cent. 1826
[Link Long Ann. to expire i Ditto.. ....... ...500...42 41 42 pm.
/an. 5,186 P 16% Ditto Small
Oct. 10, 1859 16 13-16 Ditto Commercial
Jan. 5, 1860 Ditto Advertised — pm.
Tan. 5, 1880 'Bank for Account
April 5, 1880 ;lndia for Account
Jan. 5, 1870 — I Cons. for Account 88%14%

PRICES OF FOREIGN FUNDS THIS DAY AT ONE 0 CLOCK.
Austrian Bonds 9414 !Peruvian Bonds '9
Belgian Bonds 955. ' Portuguese Bonds
'Ditto Account 05% Ditto Account 57
Brazilian Bonds 6t P 4 Ditto New Bonds 5656
Ditto Account 66% Ditto Acconnt 56%%
ritienos Ayres Bonds — 'Prussian Bonds lOl%
Ditto Account 21 ! Ditto Bonds, 1822
'hilian Bonds ... 234 3;ltussian Bonds, 1822 102%
Ditto Account Ditto Account lO3 234
Thlumbian Bonds IN, Ditto 111
Ditto Account 'Spanish Bonds, 1821 0314
Ditto Bonds, 1824 22% l Ditto Acc. MM %
Ditto Account 22%56 I Ditto Bonds, 1823 001.4
i)onish Bon ; "2% Ditto Account
Ditto Accrunt 72% 'French Rentes, sp. c. —f. —c.
;reek Bonds — -- Exchange —f —c.
Ditto Bonds, 1825 -5 per cent....... —f. —c.
Ditto Account — • Exchange...... —f —c
Mexican Bonds, 5 per ccnt 2914 Dutch, 2 p. c 495 50
Ditto Account — Ditto Account 5O
.ntt , 0 per cent 37 I Ditto, sp. c 93%%a
Ditto Account 37i Ditto Account 93%
lewolitan B9 Frztnch Scrip 45,i pm.

Arrived,

HA I LS.
Due. 1 Arrived.

Due.

0 America 0 0 Hamburg I
O Brazil
O Buenos Ayres 0 0 Jamaica 0
O Carthagena 0 0 Leeward Islands ... 0
1 Dublin 0 0 Lisbon 1
O Flanders 0 0 Malta 0
O France... .......... ..... I 0 Sweden
O Guernsey &Jersey.. 0 I Waterford

HIGH WATER AT LONDON BRIDGE TO-MORROW.
Morning 39 minutes after 6.1 Evening... 2 minutes after 7.

goks 464
0-1)
rbe ewitn,

LONDON,
TUESDAY EVENING, DECEMBER 17, 1833.

It is generally understood that attempts are
making by the British and French Governments
to displace the present Ministry in Portugal, and
to put the Duke of PALMELLA at the head of
the Cabinet. One of our most influential
Morning Contemporaries has warmly recom-
mended this policy, whilst an Evening Paper
has with equal warmth devoted its columns to
the support of the present Ministry in Portugal,
as if it were the only one that could be found
adapted to circumstances, and able to carry on
the contest against Don MIGUEL. We have
no predilections either for the Duke of PAL-
MELLA Or M. JOSE DA SILVA CARVALHOt
the present head of the Portuguese Ministry, as
individuals, and can only weigh their respective
merits in the scale of public utility. Thus
weighed, the Duke of PALMELLA, as a man of
tried integrity and great diplomatic skill, with
an important stake in the country, has certainly
an advantage over M. DE CAR VALHO, who is
comparatively a new man, and who, whatever
may be his integrity, certainly appears to be
deficient in the art of making partisans and
friends. Our Ministers, however, are much to
blame for endeavouring to force DOD PEDRO,
who is one of the numerous class of persons
more difficult to be driven than led, into an
acquiescence with their views. In their anxiety
to see PALMELLA at the head of the Portu-
guese Ministry, they ought to have adopted very
different means to attain the desired end. From
all that we have heard of the character of Don
PEDRO, he is a man not to be diverted from
any point by intimidation, and is indifferent
almost to rudeness towards those who are not in
possession of his esteem. Mr. HOPPNER, our
late Consul-General at Lisbon, would have
done more in one hour with Don PEDRO
than Lord W. RUSSELL could do in a
year. It may be now too late to replace
Mr. HOPPNER in the post from which he was
unwisely removed ; but immediate instructions
ought to be given for the removal of Lord W.
RussaLL, and the presence of the new Minister,
Lord HOWARD DE WALDEN at the Portuguese
Court. So long as Lord W. RUSSELL remains
in Lisbon, PEDRO will do nothing to oblige the
British Government, even though his inclination
should be that way. If Lord PALMERSTON were
aware of the extent to which the personal dislike of
Lord W. RUSSELL by Don PEDRO is carried, they
would not hesitate at his removal, for it is always
the aim of a skilful Minister, who has a point to
carry with a foreign prince, to have near his per-
son an ambassador who has some influence over
his mind. How little Don PEDRO likes Lord
W. RUSSELL, and how much he esteemed Mr.
HOPPNER, may be gathered from the fact that
at one of the state dinners, when both these
gentlemen were present, Lord W. RUSSELL had
a seat near the end of the table, whilst Mr.
HOPPNER was placed at PEDRO'S right hand.

We are glad to perceive that most of our
contemporaries are warmly following up the line
of argument respecting the ambitious designs of
Russia, which we first used several months ago,
when our attention was directed to them by the
information we had received. Whatever incon-
venience may have been sustained by having
permitted the Emperor of RUSSIA to pur-
sue his career so far unchecked, it is cetH
tainly not too late to prevent the injury to
the political and commercial interests of this
country which further impunity on the part of
the Emperor of RUSSIA would produce.
The apparent, indeed almost avowed, object
of the Emperor of RUSSIA is to obtain exclu-
sive possession of the Dardanelles ; without that
his fleet in the Black Sea would be of little
avail : but were he once to be permitted to pos-
sess the right of excluding the ships of other
nations from the Dardanelles, there would be
nothing to prevent his taking possession of the

entire coast, and by an offensive and defensive
treaty with the Paella of EGYPT, putting an end
to British commerce with the Mediterranean.
The British Ministry must be sensible of this,
and will, we doubt not, make such demonstra-
tions as their own honour and the public in-
terests demand.

`We have received from the Mauritius letters
and papers to the 21st of September. The
colonists had received an account of the passing
of the Slave Bill, and were satisfied with the
Compensation Clause, which, from the circum-
stance of the Mauritius being a new colony, and
very productive, is expected to give about 501.
for each slave, whilst in Jamaica and other old
colonies, the planters will receive only about 201.
There is much irritation in the island in conse-
quence of the disallowance byGovernment of the
ordinance No. 1, 1832, respecting the Penal
Laws. By this disallowance the Penal Laws
which existed previously to 1832 will again
come into operation. We subjoin the procla-
mation which has been issued on this subject :