The Sun.
London, England, 1833-07-04 00:00:00

BANATYNE ...ND ANOTHER V. EVANS.

This was an action broaght by the plaintiffs, as the as-
signees of Mr. Mai mrly, late r4l P., to recover a sum of
971. 114 9d., alleged to have been pal] fraudulently in
contemplation of bank-upt3y.
The defendant is a respectable furnishing ironmonger
and stove grate manufacturer in Fish-street-hill, from
A'lloll. Mr. Maberly, the bankrupt, purchased a cocking
apparatus for his house near Croydon, known as Shirley
House. Mr. Maberl:, stopped payment on the 2el of Jlll.
1832, and an the subsequent day he paid the defendant a
sum of 971. lls. 91. ; for the recovery of which the pr,A,nt
action was brought, upon the ground that it was paid in
the contempla!i,n of bankruptcy.
The Jury found a verdict for the plaintiffs-9'71. 11 s. 9d.
Colonel Alaberly v;as calied, but having an interest
through his trustees for a sum of 10,000!., and personally
in a sum of 400/., he was an incompetent witness.

COURT OF EXCHEQUER, JULY 3.

ILLEGAL A IiCRESTSTOKES V. WIIITE.

The SOLICITOR-GENERAL stated that this was an ac-
tion brought by the plaintiff against the defendant for
having unlawfully arrested him while under the protection
of the I,w. The plaintiff, who is eighty years of age, had
been an attoiney for nearly sixty years, and acted as agent
for the defendant, who was also a member of the same
profession, and carrying on business in Lincoln's Inn. In
1851 the plaintiff owed White a debt of 741. for business
done for him. It happened that upon the sth day of De-
cember, as the plaintiff was walking through the streets 01
Bristol, he was violently attacked and robbed by some in-
human ruffians, who afterwards trod upon his bowels.
which occasioned a rupture in his groin. The men were
,i;.l-irehen•fed and capitally convicted, but, owing to 13.•
intercession of Mr. Stokes, their lives were saved. Upon
this occasion the plaintiff received many letters of condo.
knee from his friends, an:3 amongst the rest one from Alr.
White. A few days after, White thought that it would
b• a good opportunity to make a demand of his debt, ano
accordingly wrote a letter to the plaintiff for that purpose,
in which he asked for a note of band payable in a month
at a London banker's. Stokes did not find it very conve-
nient to discharge his debt at that time.
Mr. White sued out a writ on the 18th of April against
plaintiff with the intention of arresting him. Previous to
August, 1832, the plaintiff was residing in Guernsey, and
whilst there leceived a subpceoa to attend a trial in Bristol.
The trial took place upon the 22d of August, and on the
morning afterwards, while he was in his bedchamber with
his morning g,.wn and slippers on, he was arrested by an
„ffieer at the suit of Mr. White. It was for this illega.
arrest that the present action was brought.
The Jury returned a verdict for the plaintiff—Da.
wages 101.

-----
TUE BALLOON ASCENT FRONI HUN"
G ERFOR D MARKET.—The balloon, i❑ which Mr.
GRAHAM and his companions, Messrs. PETER and JOHN
HANCOCK, ascended from flun:erford Market, descended
into a field belonging to Mr. SNOWDEN, at the Hall Farm,
North Ockendon, about six miles beyond Romford. The
balloon was in the air about an hour:and a half. The two
brothers are in raptures with their excursion.

On Saturday, the 22d instant, I addressed you, when
Marshal Snlignac, afrer repeated attempts, succeeded in
effecting his embarkation on board a small vessel, the
Kitty, and sailed next day for England, taking charge of
toy aforesaid letter, wherein I mentioned the departure of
the expedition for the Algarves, and other intermediate
points, which sailed on Friday morning, the 21st, under the
command of the Duke of Terceira. The Duke of Paltnella
accompanied him, having three different sets of proclama-
tions, and a large number of civilians and public func-
tionaries, both actual and expectant, in his train, to be em-
ployed by a Commission of the Regency as circumstances
required. Vice-Admiral Carlos da Pouza, previous to sail
ing, permitted such of his crew as felt no inclination to fol-
low him to leave the expedition and embark for England
on board the Edward transport, now the receiving
ship, when one hundred prime En.,,lish seamen and fifty
Portuguese availed themselves of that offer, and left him.
On the other hand he took the boatmen (barqueiros), of
eight or ten shore boats bon-gre magre with him, which
makes up for the deficiency, if unwilling watermen are an
equivalent to able seamen. The troops embarked are said
to have suffered much from want of water, and to have
been afflicted with cholera and fevers. Some reports,
which I hope will be found exaggerated, if not altogether
unfounded, represent the number of deaths from this caus
as amounting to 13, including two officers—namely, one
captain and one lieutenant, besides 54 sick, before the
squadron weighed anchor. Since it left the bar a variety
of reports have been spread, principally from the Miguelite
camp round Villa Nova, respecting its subsequent pro.
ceedings ; such as its having been repulsed by the castle
of Figueira, but joined by a regiment of cavalry. Another
on dit states the Duke of Terceira to have landed at
Peniche, and to be advancing over land to Virneira and
Lisbon, whilst a third left him snug'y landed at Cascases
Bay, each quoting Don Miguel's telegraph as an authority,
tsr.t in i-lach Ta;ck sueaessi.,sr., that w(oild 13:ze? been
impossible to achieve all the feats attributed to the
squadron before sunday night. The safest way, and pro-
bably the nearest the mark, is to reject them all, for if
either of these versions had been correct, a steamer
would long ago have returned with an account of it.
Oil Sunday, Don Miguel ordered his army to attack
the lines of Oporto ; his generals, and a council of war,
declared it impracticable, and the confusion and back.
wardness of the troops proved it so. They showed some
close columns near the Fez, fired a few volleys near the
Quinta do Mirante (Vanzellers), and fell back. Three
cavalry soldiers, with their horses, came over on Monday
morning, at the Luz—a rare and gratifying phenomenon
—as their cavalry is generally posted in the rear. Up-
wards of a week ago, Dun Pedro issued the following
proclamation, large printed parcels of 'which were circu-
lated in the Miguelite camps on both sides of the Douro,
and all along the coast:—
" Portuguese ! A division of Cie liberating army, under
my immediate command, goes on an expedition to assist the
development and display of your fidelity to Queen Senhora
Donna Maria 11., your legitimate Sovereign, and the Constitu-
tional Charter. Run to arms! juin the brave men who march
intrepidly against the usurpation. You will find in them
support sufficiently powerful to enable you to overthrow the
authorities of despotism. If you wish to live in the recollec-
tion of posterity, you must not fear to die for your country.
Aid me in restoring the throne of your Queen, which has been
so treacherously usurped. Time is precious. Range your-
self under the banners of honour and fidelity. Fear nothing ;
whatever may have been your past opinions and errors,
rely upon being received with that generosity which belongs
to a just and literal Government, and upon soon enjoying
domestic pe;lce, and every social blessing as well as lawful
liberty. To arms, Portuguese! Long live the Queen and
the Charter!

(Signed) " DON PEDRO, Duke of Braganza.
" Oporto, June 15, 1833."

Ile introduction of the word coasthutinnal charter,
ippears to many of the frienas of the ause impolitic, as
likely to alienate the nobility and priesthood, without
gaining the bulk of the people, many of whom have very
crude and ridiculous notions of the import of this expres-
sion, supposing it to signify freemasonry, or anything the
priests make them believe, except what it really is, for
this is not a reading country, etor a reasoning public ; nor
are the natives, perhaps, so apt to be electrified by a
mere proclamation, as Napoleon said of the French.
However, the time has not yet arrived to judge of the
effect which this proclamation, backed by an armed ex-
pedition, may produce; and if the landing take place
only in the Atgarve4, some time must be allowed for the
troops to march from the sea shores, and occupy the
passes on the ridge of high mountains, to render their
position inaccessible and impregnable, as it will then be.
Had the attack been made to the north of Oporto, or
Lisbon been assailed by a powerful expedition, the Con-
stitutional cause would have been gained by this time, as the
Marshal proved to demonstration that the victory was in
the Emperor's hands; and having been forty-one years a
general officer, and Chef d'Etat of Massena's division,
which formed the advanced guard of the army of Italy
(luting Bonaparte's first, and perhaps most brilliant cam-
paigns, and afterwards commanded large corps in the
Peninsular war, and 50,000 men in La Vendee, the
opinion of such a man might, without (14.1ragement, be
deemed to outweigh that of any member of Don Pedro's
council. Though these two golden opportunities are lost,
the .Iliguelites are every where open to detett, and their
partisans, as far as Madeira, highly discontented at their
not havin4 made any impression on so small an army as
that of the Constitutionalists at Oporto.
Large quantities of provisions have been landed these
last three or four nights ; flour maintains its price at 16
inilrees, the charges of landing, duty, &e., exceeding the
first cost ; 30,000 barrels are before the bar, mostly wait-
ing the opening of the port. The Spaniards are prohi-
ia d, under pain of death, from supplying Oporto.
Edicts are to that effect being stuck ty to many villages,
yet the high prices given bet e tempt the avariciousGalicians.
The town of Oporto is almost every night and morning
oointiarded, notwithstanding a suit of agreement entereo
nto with Capt. GI tsscock, binding i,uth parties to atistani
limn firing. The Miguelite prisoners beaus compelled to
work in the day time in the Constitutional batteries, the
Gala and other batteries in Vii a Nova remain silent due.
mg the day pme, but open about sunset, and continue to
tire during the greater part of the ri,got, worn their fellow
soldiers iu chains are removed to gaol. Captain Glas.cock
has appointed one of his Men to re,ister every shot fired on
either side upon the deck of his ship, and admits that the
Miguelites are the aggressors usually. The agreement is
all to their advantage. as during the night even they C3laiioL
:ail to hit some part of the town, whilst their forts, merit
speck,, are difficult to hit during the dark. So confident
.re the merchants here of the success of Don Pedro, that

The individual of the name of Henry Jones (I believe
an American, and not an Englishman, as I formerly
stated), who it was thought would have accepted the
command of Don sliguel's squadron, after he had in-
spected it, seemed not very well satisfied, and left this
place for Falmouth by tbe ha packet. The ship of the
line, Rainbow, so lately cased and repaired, is said to
have become leaky since her late voyage of four miles
down the Tagus; and several officers as well as men be-
longing to her and the rest of the squadron nave been
lately found missing.

Don Carlos is not retired from Coimbra; 5,000
.Spa-
nish troops are said to he on the frontier—some think to
assist Don Miguel in case of defeat, others that they are
to prevent his retreat into Spain. It is said King Ferdi-
nand 'auks vcith gte t jealousy and displeasure at the
protracted visit of his brother to Don Miguel.
„I poor mechanic was shot on Tuesday in the Castle,
for assisting :nen to desert to Oporto. He was to have
been ha.,ged, but the executioner was sick of the cholera.
He died like a hero, making the fat friars march to the
scene of death in double quick time. The weather being
hot, it created some mirth among the spectators.
The cholera continues very much on the increase; 118
w.eie buried in Campo Dorique alone yesterday. More
than 8,000 have died already in the cities. I have only
heard of 12 English. This week a Mr. Ellis, a ship
storekeeper, and a bliss O'Keefe, who kept a lodging.
house, have died. Of Portuguese of any note I have
only heard of Donna Maria de Camara, mother of the
Condessa de Rigenda.
Accounts from the army say the cholera has broken out
at Mathozinhos, where one of the divisions is stationed.
Troops in and about Lisbon. English ships of War in the
1 Battalion Ist Infantry 500 Tagus.
5 14th 5OO Asia, Admiral Parker
5 Cacadores 2,5! 0 Donegal, 78, Capt. Fanshawe
4 Realistas 1,200 Stag frigate, 40, Capt. Lockyer
Regular cavalry 2OO Castor frigate, 36, Capt. --
- Sloop Nimrod
4,9u01

I'olice guarding Lisbon 114101
Many sick, and daily deserting.
I was mistaken in my last; the Caledonia is not here.
O French and one Spanish frigate are still here.
The picket not having sailed, from some irregularity,
I again write to tell you that a Greek vessel has come in,
and reports that they saw the expedition, say tliree fri—
gates, four steamers, and other vessels, bearing southward,
and by telegraph it is announced this afternoon that thty
have landed in Algarve*.

Before this intelligence they were pressing to send troops
northward, after a review by the Duke of Cadovdl, under
the command of General Telles Jordao.

PRIVILEGES AND DUTIES OF THE GRAND

JURY. —At the Surrey Sessions yesterday a lung Memo-
rial way presented to the Bench from the Grand Jury,
who, it will be recollected, were prevented some time ago
from inspecting the interior of the County Prison at
Horsemenger-lane, complaining of this which they d: erred
suiport•d the preten
an invasion of their right, and also of the conduct of Mr.
Hedger, the chairman, who bad fined one of the Jury 101.
on account of some expressi,,ns which he employed in the
the clerk of the peace, r laving been
.requeate y the ii..ticli
had warmly
course of the di.eussion upon that occastu,m. withdrawi, r. Lawson,
,ion of the Grand Jury, corleukd tlitir
ti () inspect givenumeroushi
a :pPtt- 1 rio:
roj°innt
i.m. ns
itg:la ttsihvueepdlpeogratl theirroigf
' c‘htl:sioiftriot,phiean,iodnr.aani,ti 'lt;
ii7,,,yni
Memorial.this

y:

MARSHA.; *OLION AC.

We have received the following letter frOm Marshal
Solignac
:
" Sir,.—Upon my arrival in London yesterday evening,.
I was concerned to find that some strious misrepresenta-
tions bad been made in several of the newspapers of the
motives which determined me to resign the post of Major-
General of the liberating army of Portugal, and to with-
draw, for a short time, from those brave men who ate
fighting with so much perseverance, zeal, and courage, in
the most noble, as well as the most legitimate of causes.
"I trust that I am in a condition upon the spot to
repel the calumnious insinuations with which I have been
assailed, and the authors of which are known to me as
well as to expose all their vile intriguings ; and so soon as
I shall have reached Paris, I propose to give an historical
narrative of the whole of these transactions, based upon
and backed by official and documentary testimony. But
in the meantime I must appeal to your kindness to enable
me to set public opinion in England right with respect to
all that concerns me in this matter, by inserting in your
paper the three documents which I have the honour to
enclose, as well as to assure your numerous readers
th it, if circumstances beyond my control had not
imposed upon me as an imperious duty to quit the libera-
ting army—and at the moment, too, when I firmly be-
lieved that I was about to march with it to victory, and
the immediate accomplishment of the honourable destiny
of a nation so worthy the support of every civilized peo-
ple, and the 0 tilse of the young Queen Donna Maria,
which is that of liberty, justice, and honour—l should
still have been most willing and ready to devote myself to
defending it. I venture to flitter myself that, in serving
under the orders of his Imperial Majesty the Duke of Bra-
gains, I have not been found wanting either in zeal, frank-
ness, or fidelity. The brave men whom I have quitted
with so much regret will do me the justice to testify to
this ; and if, in return, I could be of use by my presence
in the ranks of that army which recalls to me the finest
liar of the old French army, toy brethren of the army of
the banks of the Douro may be assured that they would
promptly see me in the midst of them, partaking in their
noble efforts, and sharing in their glory.
" Please to accept, &c.
"July 2, 1832.

" SOLIGNAC."

ACCOUNT OF THE VOTE, WITH THE REASONS ON WHICH

IT WAS FOUNDED, GIVEN BY THE MAJOR GENERAL

OF THE LIBERATING ARMY IN THE COUNCII. OF WAR
HELD ON THE
.11Tfl OF JUNE, 1833, IN THE PALACE