The Sun.
London, England, 1834-06-26 00:00:00

FINSBURY ELECTION.

A -meeting of the friends and supporters o
Duncombe took place last Light at the Prin :2 of
Wales, Banner-street, it. I.ukes, to onside • the
best means of securing that gentleman's retu-n for
Finsbury.
Mr. R. WiLxs, son of the member for Boston, took
the a 2 air, and explained to the electors assembled that
they weft called upon to select a fit and proper person
to represent them in Parliament. That person, in his
opinion, teas; Mr. Duncombe, the long-tried and steady
advocate of the is gaits of the people, who, when mem-
ber for Hertford, /6121,-.ht their battle nobly in the House
of Commons against the Tories. (Applause.)
Mr. Dueposthe then came forward, and was most
warmly received. He understood ;hat a meeting held
on the previous night, of the supporte:s of one of his
opponents (we understood Mr. Wakley), it was said
that he had the support of the government, ..nd that
the expenses of his election would be paid out or the
treasury purse. He declared, that from whateo;r
quarter that statement came, it was a most abomina-
ble falsehood. (Applause.) The hon. gentleman,
after alluding to the bribery which had taken place at.
Hertford, and to his own exertions in exposing it, pro-
ceeded to explain that he was friendly to the claims of
the Dissenters, and wi's an advocate for all their
civil rights. (Applause.) He was friendly to short
Parliaments, and also to the ballot (Applause); and
there was one pledge which he thought he ought to
give, and which the electors were entitled to receive.
ft was this—that, whenever the electors of Finsbury
found be had not acted up to those opinions which en-
titled him to their confidence, or had betrayed the
trust they reposed in him, he would cheerfully resign
that trust. (" Bravo, Duncombe.")
A person in the room said that the hon. candidate
would, perhaps, be good enough to define what lie
meant by short Parliaments. It would also be satis-
factory to hear his opinion with regard to the corn laws.
Mr. DyNcoing—l am a decided friend to triennial
Parliaments; and with regard to the corn laws, I can
only say that, as'an enemy to all monopoly, I would
willingly vote for a real of those laws. ( Applause.)
An elderly gentleman gamed Ward, who was said
to be extremely deaf, and. who occupied a seat close
to Mr. Duncombe, after referriL•g to a paper which he
held in his hand, said he was 'eltesrous in the first place
to ask Mr. Duncombe if he was Government can-
didate (Hear, hear, and laughter), ,lidding, that he
had other questions to propose, and he N.:,..0ed the hon.
gentleman would speak out.
Mr. DUNcoMßß—Perhaps, as the gentleman: labours
under an infirmity, the better way would be, That I
should read his catechism myself, and answer his
questions as categorically as I can. (Renewed laugh-
ter. The hon. gentleman then took the paper and
read aloud, " Are you a ministerial candidate ?" To
that question he would answer, that if he was supported
by the Government it was a circumstance of which he
was wholly unaware, and he rather thought Ministers
did not wish for his return. ( Hear, hear.) The next
question on the. list was this—" Would you vote for
the abolition of pensions and sinecures ?" He would
answer, " Most cheerfully." ( Applause.) The next
question of his hon. friend was, " Would you vote for
the separation of church and state ?" With regard to
that question, if his hon. friend would only state what he
meant by that separation, he should be better enabled
to answer him. If, however, his hon. friend meant
the overthrow of all religion, he should have no hesi-
tation in saying that, in that sense, he would not vote
for the separation of church and state.
The interrogator here said what he meant was, that
every religion should support itself, and that no IT--
sou should be called upon to contribute to the main-
tenance of a church the principles of which he did not
profess.
Mr. Duecomee—ln that case, what would you do
with the revenues of the Established Church ?
Mr. WARD—That I would leave to you.
Mr. Duecomez—Then I would endeavour to equal-
ize them. ( Hear.) I would give to the working cler-
gymen an adequate reward for their labours by re-
ducing what I call the church sinecures, arid more
particularly the sinecures of the church establishment
in Ireland. ( Applause.) The hon. gentleman next
asked him what he would do with the Poor Law Bill ?
In reply to that question he would say that he should
oppose a great part of that measure. For instance,
he would not give so great a power to the commis-
sioners. (Hear, hear.) The next question of his hon.
friend was to this effect :—" If his Majesty's Ministers
got into a dilemma—the malt tax to wit—and went
begging and crying to the house, as they did on that
and other occasions, would you truckle to them, and
help them to keep their places?" (Laughter.) In an-
swer to that question (said Mr. D.) I would say
that I would neither truckle to the minister, nor stop
one tear that they might shed. ( Applause.) The
last question was rather an extraordinary one, cer-
tainly, and was perhaps intended for his private ear,
but the meeting should hear it, notwithstanding: It
was this—" Are you the proprietor, or part proprietor,
or in any way connected with any gambling-house or
houses in London, Westminster, or elsewhere ?"
(Loud and general laughter.) " I do not know,"
observed Mr. Duncombe, who himself appeared to
enjoy the joke, " what could induce my deaf friend to
put such a question as this ; but I can safely answer
that I am not connected with any gambling-house
whatever, and I can only tell him if ever I am I will
raise him to the office of groom-porter." (Great
laughter.) Mr. Duncombe made a low bow on re-
turning the paper to Mr. Ward, and resumed his seat.
The CHAIRMAN then said—Gentlemen, I have to
inform you that Mr. Ward is so satisfied with the
answers he has received, that lie is determined to give
a plumper to Mr. Duncombe.
111 r. WARD—I like the gentleman's answers very
well, but I must say I cannot support him, as I have
promised my vote to Mr. Wakley. ( A storm of
laughter, hisses, and cries of " shame," followed this
most unexpected declaration.)
Several gentlemen expressed their surprise at Mr.
Ward's conduct, and some persons called upon the
chairman to desire him to leave the room.

A Mr. Boca then addressed the meeting, and spoke
strongly in favour of Mr. Duncombe. He concluded
by moving a resolution to the effect that Mr. Dun-
combe's political character and past services in Par-
liament entitled him to the confidence of the electors
of Finsbury, and that, therefore, the meeting would do
their utmost to secure his return to Parliament. _ _

Mr. JOSEPH SMITH seconded the resolution, which
was put, and carried unanimously.
Mr. DUN comBE returned thanks, and on leaving the
room with his friends, was loudly cheered.

On Tuesday last a miscreant named Evison,
was charged before the magistratesat Horncastle with
having on the Sunday week previous violated a little
girl nine years of age, in the Baptist chapel at Horn-
castle. It appears that Evison was employed to clean
the chapel, and he also officiated as teacher in a Sun-
day school, which was kept there, of which the child
was a scholar; and on the day in question, Evison
detained the little girl after school hours, under pre-
tence of misconduct, but in reality to effect his diabo-
lical purpose. Some difficulties occurring as to the
proof of the capital offence, the magistrates committed
Evison to Spilsby, to take his trial at the ensuing SC;i-
sions for the assault.—Lincoln Mercury.

Delville, a brush-maker, living at Valen-
ciennes, was in the month of June, 1828, declared by
the Tribunal of Cambray to be a lunatic, but the
town refusing to place him in an hospital for the re-
ception of such patients, and his family being too poor
to bear the expense, he remained at large, and lived
with his parents. In the beginning of the present
year, his father, from his having frequently robbed
him, and on being threatened with some act of violeneo
from the insane passion of his son, had him confined in
the prison, where he remained till the father was on
his death-bed, when his mother obtained his release,
in order that he might receive the last paternal bless-
ing. Her piety, however, became fatal to herself.
Delville continued to live with her after the death of
his father, working occasionally at his trade, but
showing frequently absences of mind and irregulari-
ties of conduct, and occasionally menacing the life of
his mother, as he had that of his father. At length,
on Sunday last he went out in an apparent state of
tranquillity, but was afterwards seen drinking in a
public-house, and then at a dance, from which he did
not return home till half past 10 at night, which is
rather a late hour for the country. Whether the
mother reproached him with his conduct, or whether a
fit of monomania came upon him, no one can tell, but
he became enraged, and seized an iron poker, and
struck his mother repeatedly on the head with such
savage force, that the blood and brains from her skull
flew up to the ceiling. At one in the morning the
commissary of polite was called in, and found the poor
woman lifeless, and the maniac occupied in making up
a parcel of clothes, probably with the intention of
making his escape; but the only answer that could be
obtained to all the questions put to him was—" II fallait
que cela unit."

SPIRIT OF THE PUBLIC JOURNALS.

We begin to see Some good hopes for the Lon-
don University, in proportion as the hopes enter-
tained for Dissenters of their admission to degrees
at -Oxford and Cambridge seem gradually fading
away. The practical difficulty of administering to
Dissenters any regular religious instruction, accord-
ing to the forms and through the means provided
for the edification of Church of England pupils,
was %strongly put on Tuesday last by, *le Lord
Chancellor, and certainly ought not t be despised.
If Dissenters could be conciliated towards the
church or towards each other, by reason of, or
through, any facilities drivable from the apparent
proximity or juxtwosition of their respective tenets,
one might. expert to succeed in establithtng some
rule or pnric:iple of instruction, in 'Which all might
pretty, ';yell agree ; but it was well, stated by
Lord. Brougham, and. has indeed been known
iv.. centuries, that thee, most contiguous creeds
Pr.odue,e the largest amount of reciprocal bitter-
mess, and that the theological conflict is deadly
in proportion as the combatants have a narrow
,space to fight in. This is beyond all question an
argtnnent, both for those who regard religious in-
struction as an essential part of general education,
to confine the establishment where it is imparted
to members of a single church, and for those who
make the first, characteristic of an University Its
freedom of access to all creeds, to discard, altoge-
ther the study of any religious system whatever
from its prescribed course of }fining. For the
first of these two classes of speculatists, there is
justification enough in the exclusive system of Ox-
ford, which as a University is at least a consistent
whole ; but the second class; Including, we presume
a large body of Dissenters, have, as it appears to
us, an equitrAble claim to a charter for the London
Universit-j. Why can they not raise that institu-
tion from the little respected rank of a joint-stock
eompany, with shares and dividends, and other
14ercantile appendages, and 'make it at once a foun-
nation with perpetual endowments, for the fixed
encouragement of literature and science, and inde-
pendent of all market fluctuations ? In that case
every serious obstacle to a charter would in a short
time vanish.--Times.

A great, and most unnecessary fuss is making in
some 9::iarters relative to the arrival of Don Carlos
in tii,s country. Though we may not exactly have
sotight the visit, it is one which we have justly a
right to be proud of, affording, as it does, an addi-
tion to the many proofs of Great Britain being the
chosen asylum both of friends and foes when over-
taken by adversity. We would fain hope it cannot
be true that any attempt was really made by our
.government to exact from hint a formal renunciation
of his claims upon the crown of Spain as the con-
dition of his receiving the rights of hospitality, or
Oat slich a condition was accompanied by an offer
of pecuniary compensation. If this rumour can
by as.Ay possibility be true, it would, indeed, add
fresh laurel's to the brow of our sapient Foreign
Secretary. Not less injudicious is it in the organs
.of another party among us to give the exiled Prince
.the title of King of Spain, or to attempt to exact
from him, from this government, any honours or
distinctions of a political nature. Such suggestions
can only originate in the very worst spirit of
faction, and are, in the particular case alluded
to, so avowedly at variance with the tone which the
government of this country has taken upon the
Spanish question since the decease of Ferdinand,
that it is futile in the extreme for a moment to
discuss it. In private life, a man having a dispute
with his relations ; and driven from his home, seeks
succour in the house of a friend or neighbour the
latter does net, therefore, become a. party in the
broil, still less does he close his door upon him; un-
less he consents to decide the matter in the way his
host may dictate. Carlos is with us in precisely
this predicament, His coming among us is a mere
act of dire necessity, nearly the same as if he were
shipwre.zked upon our coasts ; it has nothing poli-
tical, about it, nor ought his reception to have. He
is here in the mere light of a visiter, and so he
should be treated. To extort confessions or exact
conditions from persons in a state of duress is not
.consistent with the merciful spirit of our laws ; nor
have we one rule for foreigners and another for
natives in that respect. If the Spanish Prince were
to abuse the hospitality held out to him here, by
making this country, as others before now have
done, an arena for carrying on intrigue and gaining
the objects which he has for a time abandoned, that
indeed, might alter the case ; but till some symptom
of such a state of things occurs, his visit here should
have no other influence than it would have -had
were Ferdinand still on the throne, and a disputed
'secession been never heard of.—Morning Herald.
In moving last night for a copy of the first report
of the commissioners appointed to inquire into the
criminal law of this country, with a view to form a
digest of it, the Lord Chancellor stated that the
report would be found to contain not only the dis-
•eussions upon this subject, conducted by men of the
highest practical knowledge, but also that without
Which these discussions would be of no avail—
namely, a specimen of a digest ; and it would be
found that the commissioners had' given a most
elaborate and masterly specimen of a digest of that
extensive part of the criminal laws of the country,
both written and unwritten, which related to the
offence of theft. The report, when laid on the table
of their lordships, is to remain over for some time, in
order to allow of a thorough discussion of it by the
lawyers during the recess. It was, he might fairly
say, the most masterly digest that ever the labours
of lawyers had produced, and it would be decisive
of the question of a code one way or the other.
Lord Wynford said he would employ the interval
of labour afforded by the recess, thoroughly to
examine the report, and see whether the experi-
ment of a code could be made with safety. He
should be glad, he added, to see it made, though
he was not much in favour of reducing the law to
the state in which it was in France, where the
shortness of it almost put absolute power into the
hands of the judges. Lord Wynford here touched
on a point of some nicety. A law may be very
.eircumstantial, and yet very defective, as is proved
by almost all English acts of Parliament. On the
other band, there can be no question that laws like
the French code are so general, that every single
provision opens a door to interminable controver-
sies. And here, we think, the Lord Chancellor's
praise of the Scotch acts of Parliament, on a re-
cent occasion, on account of their brevity, was
calculated to mislead his hearers. The Scotch
acts are liable to the accusation brought by Lord
Wynford against the French code ; they almost put
absolute power into the hands of the judges ; and
we believe we shall not be contradicted when we
affirm that there is not one of these short Acts of
Parliament which has not given rise to long suits
before its application could be determined. The
French have one great superiority over us—the
language of their laws is freed from verbiage and
tautology—the style is clear and natural ; while an
English Act of Parliament must be curtailed of its
eadless tautologies, and translated into common
language to make it intelligible. We should like to
see the figure the Ten ComMandments would cut
xpressed in the language of an English statute.
Thou shalt not steal," though sufficient as a man-
date, is of course not sufficient for a penal law, as
value, and the circumstances under which the theft
takes place, determine the character of the offence,
and the amount of punishment. Laws are, in all
countries, made by rich men, who naturally look
to their own protection rather than the guilt of
the offender. To steal from a poor man a shil-
ling, may entail more suffering on him than the
stealing of a thousand pounds might occasion to a
rich man ; and the moral culpability may be actu-
ally greater in the former case than in the latter :
but men with many shillings in their pockets natu-
rally view the object with reference to themselves
exclusively, and because they value a shilling little,
they make their own feelings the standard for mea-
suring the guilt of the thief; and determining his
punishment. But when we have once ascertained
that value, as well as the circumstances under

which the 'theft takes place, to determine the pu-
nishment, we may.surely frame a law Upon s'Onie
prhteiplo of classification, instead of attempting to
enumerate every. particulate; eunsequently omitting
many, as is the practke in England.. We do not
see why the law'nT England is unsusceptible of the
bene4 philosophical arrangement any more than
tktir other science. The French code cannot lay
claim to anything like philosophical arrangement, and
is open to the objections taken to it by Lord Wyn.
ford. In discussing the question, the Frerieh ex-
periments ought to go for netting, or next to no-
thing ; they prove rnti-ely that the French lawyers
who framAd these codes had no idea of the benefit
whith law might derive from philosophy.—Morning
Chronicle.

The bill which Lord Althorp introduced on
Thursday, " for the abolition of Church rates, and
to make provision for the necessary repair of pa-
rish churches and chapels, and for the decent per-
formance of Divine Service therein," has been
printed, and the second reading stands for Monday
next. ror the sake of the members of the esta-
blishment, and the whole body of Dissenters whose
interests are so Much affected by the bill, we have
deemed it advisable to reprint it entire. The title
is geculiarly endorsed, as " prepared and brought
in by Lord Althorp and Lord John Russell." We
have, on several occasions, expressed our decided
opinion against the principle of the proposal, and
the offensive nature of it as respects the Dissenters.
The grievance complained of in the existing sys-
tem of church rates, was the principle of imposi-
tion and the compulsory character of the tax. We,
altogether deny that the grievance is a " pocket ques-
tion." The Dissenters entertain a conscientious ob-
jection to the burden of contribution towards
the maintenance of the Established Church. The
projected measure does not remedy the evil. We•
are well aware-of the difficulty of providing an un-
objectionable substitute ; but that is no valid vindi-
cation of the present bill, the'principle of which has
justly offended the Dissenters. But we will to-
morrow examine its details. In the meanwhile we
fervently hope that it will be modified ; and as a
temporary measure—for one or two years—the
Dissenters would not, perhaps, object to it. The
bill would, at all events, have the effect of suspend-
ing the unhappy and disgraceful scenes which have
recently been acted in the churches of our popu-
lous towns. The large sum of 250,000/. ought not
to be added to the church funds .in these times,
before an inquiry into the revenues of the establish-
ment, with a view to a proper distribution, has
taken place. It is far from impossible that, ere
long, a surplus revenue may be discovered appli-
cable to the necessities for which this bill seeks to
provide. It is the only practical measure which
can pass the legislature this session ; and is it just
or politic to propose, at such a time, and under
present circumstances, a permanent addition of the
enormous sum of 250,0001. to the overgrown reve-
nue of the richest church of Europe.--IVlorning
Chronicle.

It is a curious fact that in speaking of the Fins-
bury election no, one has from the first appeared to
contemplate the possibility of Mr. Henry Pownall
retiring from the contest. No sooner was his name
announced and his banner unfurled than every one
at all interested in the matter at once concluded
that he was a fixture—immovable while a voter re-
mained to poll. This is, in reality, a great com-
pliment to the character of the candidate. It proves
at once that his conduct has been systematically
consistent, and so firm, that his decision once ex-
pressed it became known as his fixed rule of action.
Very different, however, is the case with respect to
his opponents. Mr. Babbage from the first has
been as vacillating as his political economy. One
day a Socinian, the next day a Churchman ; yes-
terday everything, to-day nothing. As to Mr.,
" Tom Duncombe," his conduct has been like that.
of all men in his position. Those who have nothing
to lose are in general mighty liberal in their pro-
fessions ; but, unfortunately for them, the world,
" though still deceived with ornament," will at least
require " French plate," if it is not to have sterling
gold. Mr. Tom Duncombe, therefore, flourishes only
in the rankest and the lowest soil, in the possession of.
which he hardly finds a rival even in Mr. Wakley.
Indeed with all Mr. W.akley's political sins, and we
admit freely, that they are bad enough, Mr. Torn
Duncombe steps beyond him in the depths of de-
gradation. Mr. Wakley is a distinct, unmitigated
leveller ; Mr. Thomas Duncombe would level the
levellers for a very moderate share of what the
Whigs have ever emphatically designated the loaves
and fishes. Of course in the latter respect Mr.
Babbage is on a par with Mr. Tom Duncombe;
the representative of the " intellect of Europe," as
Colonel Torrens facetiously designated the scientific
gentleman, has already tasted the sweets of the
public purse, and doubtless his appetite is one that
grows "by what it feeds on." Now, these things
have naturally induced much quarrelling and much
misgiving with respect to Mr. Babbage and Mr. Tom
Duncombe. The Times would have the latter re-
tire, and the Chronicle would have the former retire ;
and no one seeing to doubt that a bargain might easily
be made, but who is to pay the piper? There's the rub ;
and some think "the' Family" would rather abandon
the meagre chance there can be of Finsbury for-
getting to respond worthily to the call of the So-
vereign than become diplomatic in this affair. In
the meantime Mr. Pownall is making rapid strides
towards victory. Public meetings he has none ;
but we learn that his committee-rooms have been
thronged, and that his specific declaration as to the
great principle which has induced him to come for-
ward, and the manly direct way in which it was
made, have done much towards securing for him a
complete triumph. Some of Mr. Pownall's op-
ponents affect to ask, who is Mr. Henry Pownall ?
Why do not his committee take advantage of the
interrogatory, and at once state that Mr. Henry
Pownall has been known only to the public as a
zealous and generous labourer in the promotion of
religion and of charity ? It is scarcely possible to
select any charity of eminent utility towards which
Mr. Pownall will not be found a liberal contributor,
and for the promotion of which Mr. Pownall will
not be found to have greatly exerted himself. In
the very district whieh he seeks to represent, and
in which for nearly twenty years he was a resident,
Mr. Pownall originated two schools, which afford
sound profitable instruction to hundreds of chil-
dren. But the alacrity with which the most emi-
nent of the Wesleyans, as well as all sincere and
faithful members of the Church of England, have
come forward to support Mr. Pownall is the
strongest possible proof not only that his conduct
and his character are known,. but that they are
highly and generally respected. The electors of
Finsbury, who regard religion as conducive 'to the
happiness and welfare of mankind, could hardly by
possibility have found a better champion of their
cause ; and they are evincing a spirit entirely wor-
thy of the glorious principle they are aspiring to
gupport—a spirit which can scarcely .fail to lead 'to
a triumph equally honourable to themselves and be-
nefieial to their country.--Morning
We regret to learn that it is the determination
both of Mr. Babbage and of Mr. Duneornbe, as
well as of Mr. Wakley, to go to the poll, and
thereby endanger the otherwise certain election of
one of them. Such a result is in every respect to
Ile deprecated, and we trust that it is not yet too
late to prevent its occurrence. There ought to be
a friendly conference between the respective com-
mittees of these gentlemen, in order, if possible, to
induce that one to withdraw who is likely to poll
the smallest number of votes ; and we hesitate not
to add, that it is their duty, if they be sincere in
their wish to have a liberal representative for the
borough, to enforce compliance, by withdrawing
their support from the refractory candidate. As'
the game at present is playing, there is every reason
to believe that, if continued, the Tory candidate,
who otherwise would not have the shadow of a
chance, will outpoll all .his opponents.—Morning
Advertiser • .

COURT OP KING'S BENCH, JUNE 25.

( Sittings before the Loan CHIEF JUSTICE and ' a
_. . , Special Jury)
THE KING V. 'MELtERSH.

This was an indictment for perjury preferred against
Mr. Thomas Mellersh, a banker and solicitor at God-'
aiming, Surrey. The perjury was supposed to have
been committed in the answer •of the defendant in
Chancery to a bill which charged him with not ac-
counting for money received for the use of his partners
in the Godalming banking concern. The charge was
that the defendant untruly swore, in his amended
answer in Chancery, that one Richard Smith, the
elder, had given him for his own exclusive advantage
a bond to secure the payment of 1951., whereas it was
not given for his, exclusive benefit, but for the benefit
of the firm of Kidd, liinns, and Co.
The defendant pleaded not guilty, and undertook
to prove that the bond was given for the benefit of
himself only.
Sir JAMES SCARLETT was for the prosecution, and
the ATTORNEY-GENERAL for the defendant.
The Jury found a verdict of Not Guilty.

COURT OF COMMON PLEAS, JUNE 25.

(Sittings at Westminster, before the LORD CHIEF
JUSTICE and a Special Jury.)
MASTERS V. MONTAGUE.

This case occupied the court for the last three days.
It was brought by the plaintiff, a servant, against the
defendant, a gentleman of fortune residing at Clap-
ton, for ..a malicious prosecution arising out of the fol-
lowing circumstances :
It' will be in the recollection of our readers that in
January, 1832, the defendant, Mr. Montague, was
summoned before the magistrates at Worship-street
Police-office, to answer a charge of affiliation made by
Mary Anne Dyer, a young woman who resided with
him as a housemaid. Upon that occasion the magis-
trates granted the order, from which the defendant-
appealed to the Clerkenwell Sessions, where, after a
trial of three days, the magistrates rejected the -ap-
peal, and confirmed the original order. Mr. Mon-
tague then indicted Mary Anne Dyer, the pre-
sent plaintiff, who was his footman, and the mother of
the girl, for a conspiracy, which was tried in the Court
of King's Bench, during the Sittings of the January
Term. The parties were all acquitted, and the present
action was brought for a malicious prosecution. Mary
Anne Dyer was the first witness examined. She stated
that in January, 1831, she entered the service of the
defendant, who was upwards of sixty years of age. and
whose wife was then living. Some time after she had
been there he .began to make offers to her of a cri-
minal nature, which she successfully resisted for some
months, and until one day when he found her alone in
his bed-room. He then, by partial force and persua-
sion, effected his purpose, and which he subsequently
renewed three or four times. The consequences were
that she became pregnant, and previous to her con-
finement he gave her five sovereigns. She was then
removed to the house of a woman of the name of
Taylor, a short distance from Mr. Moutague's house,
where on the 29th of December she . gave, birth to
a female child, now alive. She was cross-examined
at considerable length. She admitted that on her
pregnancy becoming visible, and being asked who
the father was, she said that it was a person
of the name of. Wilkinson, who worked at the rope-
making business, but who was since dead. She _ad-
mitted that was a falsehood, but assigned as a reason
for telling it that she wished to spare the feelings of
Mrs. Montague. She denied ever having the slight-
est intimacy with tile plaintiff, Who then lived as foot-
man with the defendant. It appeared, however, by
the evidence of the woman Taylor, where she lodged,
that it was the plaintiff and the cook who took the
lodgings for her, and the plaintiff during her confine-
ment visited her very frequently, and showed the great-
est affection for the child, and,. moreover, that Mr.
Montague called at her house three ;times during the
while the young woman resided' with her.; shortly
after which the defendant discharged the plaintiff, his,
footman, and his cook, stating as a reason that he,had
been robbed by them. However, on his application to
the sergeant of police to permit one of his men to ex-
tend his rounds to the back of his premises, he told
the policeman that he suspected his servants of .rob-
ling him,:, but said that he had given Mary Anne
Dyer 51egause she was a well conducted girl.
Numerous witnesses were examined in corroboration
of points of minor importance.
On plaintiff's case being closed Mr. ADOLPHUS ad-
dressed the jury for two hours, and stated, which was
subsequently proved in evidence, that his client, so far
from being the father of the child,. never. .took the
slightest liberty with the girl, and to enable him to
deny the fact on oath he ,indicted the parties for a
conspiracy. The real father Was the plaintiff, and the
young woman admitted it to the cook. The learned
counsel then called numerous witnesses.

The defendant's case having closed,
Mr. Sergeant WILPE replied in a speech of consi-
derable length, and the, jury, after an hour and twenty
minutes' consultation, found a verdict for the plaintiff—
Damages 2501.

COURT •OF 'EXCHEQUER, JUNE 25.

(Before Lord LyNoituasT'and a Special Jury.)
CREASE V. BARRETT.
The court was occupied the whole day in hearing
the case for the defendant, conducted by Mr. Sergeant
COLERIDGE.
The evidence was partly documentary, and partly
given by aged witnesses residing near Boscundle Com-
mon. The struggle between the parties was to deter-
mine whether this common was- part of the ancient
duchy of Tewiugton Manor,, as upon that question
would depend the right of toll upon the tin extracted
from the Buckler's Mine beneath the soil of the common.
The jury gave a ,verdict for the plaintiff—Damages
6141.

INSOLVENT DEBTORS' COURT, JUNE 25.

MR. MAYNE'S CASE.

. _
Joseph Garnett Hayne,. Esq., against whom it will
be remembered the Countess of Harrington, when
Miss Foote, recovered 3,0001. damages for a breach
of promise of marriage, came up this morning from
the King's Bench Prison to he heard upon the matters
of his petition and schedule. His discharge-was op-
posed by Mr. Nicholls on the part of Thomas Cayley,
Esq., M. P. The Learned Counsel said he also ap-
peared for a Mr. Masten, who had been gamekeeper
to Mr. Hayne, but he-,merely wished hisclebt correctly
entered in the schedule. • -
Messrs. CooKE and WOODROFFE were retained to
support the petition. •
The schedule filed by Mr. Hayne is somewhat volu-
minous. It exhibits creditors to the number of one
hundred and eleven,•and the aggregate amount of the
debts is stated at 20,995/. 125., extending, over a
period of several years, for some of which he had not
received consideration. His credits good, bad, and in-
different, amounted to 750/. ; he had been an inmate
of the King's Bench from November last ; the cause
of insolvency was attributed to the depression of
West India property, particularly in Jamaica, and
to the great loss which had been sustained by 40,0001.
in the funds having been sold out by certain creditors,
to whom it had been transferred, and on which a loss
of B,OOOL had accrued. Among the items in the ba-
lance sheets were the following, under the date of the
year 1826 : ; •
Jewels presented to Miss Foote £5,000.
Paid damages in an action brought by Miss
Foote
Law charges attending the same
The excepted articles of Mr. Hayne had been
valued at 101. 155.,-and when he attained his majority
September, 1823, he became entitled to 162,0001.
Consols, which realized 139,3204, out of which he
paid considerable debts he had contracted in his mino-
rity, and his sister's portion of .16,0001.- For. the lash
six years he had contracted but .few debts, and had
chiefly- lived on his wife's income under the, marriage
settlement, and gifts received from his mother.
The appearance of Mr. Hayne as an insolvent deb-
I tor attracted a crowded court.

On the case being called on, .
The learned CHIEF COMMISSIONER inquired the
reason the schedule had been signed in January, and
not filed until May ?
Mr. Coma said the affidavit of Mr.. Hayne would
explain the matter ; he had not had sufficient means to
satisfy his attorney.
CHIEF COMMISSIONER (Smiling)--Oh
Mr. COOKE could assure the Court of the, fact.

CHIEF COMMIgSIONER—I see some things in the
schedule, Mr. Cooke, that makes medoubt assertions.

Mr. COOKE remarked that there lied been. a painful
alteration in Mr. Hayne's circumstances ; the special
balance sheet showed the manner in which he had
lived for the last seven years. .
The CHIEF COMMISSIONER minutely examined the
proceedings before the. examination commenced.
The insolvent, on his examination by Mr. NICHOLLS,

stated many particulars respecting his property which
are not of any general interest.
Mr. NicnoLLs—l see, Mr. Rayne, an item of pre-
sents given to a lady to the value of 5,0004 ; were they
all articles of jewellery?. Insolvent—No, there were
some valuable shawls. ,

Mr. Nicuou,s—Were not some of the presents ,re-
turned? Insolvent—No. , •

Mr. Nlcnous in his address to the Court said his
object in the inquiry he had pursued was to ascertain
what property the creditors were likely to obtain and
not with a view of prolonging the imprisonment of Mr.
• Hayne, whose conduct after he had spent his splendid
fortune had been certainly much to his credit. He
had contracted 'but few debts for the last seven years.
He should, however, submit that' copy of the will of
his father and of the marriage settlement on his
mother ought to be filed in court to give the creditors
an opportunity of examining their provisions.. The
court were aware that an immense sum of money had
been set aside for slaveowners, which would diminish
the charges.on the property; and for the sake of Mr.
Hayne the creditors should know the exact position
of his affairs.

Mr. COOKE contended that the documents prayed
for would be of little avail to the creditors, and would
only delay the discharge of Mr. Hayne for some time.
He (Mr. Cooke) had been assured from a quarter on
Which he could rely that if Mr. Hayne's estate was
properly managed the bona fide creditors would be
paid in full, and a surplus left for himself. He could
not see what good could arise from the application of
his learned friend.
The learned CHIEF COMMISSIONER said the creditors
were entitled' to the production of the documents
prayed. It was an every-day practice, and as long as
he was a Commissioner what was ordered in the
poorest possible case should not be denied in the pre-
sent case, which was of a prominent character. He
therefore granted the application.
A long discussion took place respecting the appoint-
ment of assignees, when G. Adams, Esq., W. Plas-
kett, Esq., and Thomas Cayley,.. Esq., .M. P., were
appointed. The assignees consented,to dispense with
the documents.

The learned COMMISSIONER said if the creditors
were satisfied he was satisfied. He was only the
guardian for their interests.
Mr. Hayne was sworn to his schedule, declared en-
titled to the benefit of the Act, and ordered to be dis-
charged forthwith.—The court rose till Monday.