The Sun.
London, England, 1834-11-06 00:00:00

ROLLS COURT -(THIS DAY.)

His Honour the MASTER of the ROLLS, on coming into
Court, stated, that since be sat yesterday he had received a
copmunication in a cause, relative to the alleged
misconduct of some of the parties in the cause ; having
ddne so, he would take this early opportunity of stating,
that he considered the writing of such letters a gross
contempt of the Court. It might be sometimes done
ignorantly, but it never can be done properly. The course
which had been adopted by his Honour the Vice-Chancel-
lor appeared to him to be the course that ought to be pur-
sued, and which he should adopt—namely, to ascertain who
were the solicitors on the other side, and then hand over

the communication to them. He would direct his Secre-
tary to make the inquiry, in order that the letter he had re-
ceived might be placed in the hands of the solicitors.

VICE-CHANCERY COURT.-(THIS DAY.)

THORPE V. POMFRET.

Sir EDWARD SUGDEN stated this morning, that the
the parties to this petition, the arguments in which ocCupied
the latter part of yesterday, had agreed that the daughter
of:the Countess of Pomfret, who was now under her mo-
ther's controul, should be given up to the guardians, the
Countess having free access to her whenever she pleased.
With respect to the reference as to maintenance, the
parties had also agreed upon that, and the only question
then remaining would be as to the costs of the two suits,
one of Which was filed by the guardians, and the other by
Dr. Thorpe and the Countess of Pomfret.
Mr. LLOYD, on behalf of the Countess of Pomfret and
Dr. Thorpe, trusted that as they consented to give up the
young lady, the Court would order that Miss Cohen, the
present governess, should still continue to be so.
Sir E. SUGDEN considered, after the disposition the
guardians had shown to do all they could for the interests
of all parties, that calling for the order of the Court to
compel to retain Miss Cohen as the young lady's governess,
was most ill-placed. It was very likely the guardians
might still retain her, but that they should be compelled to
do so was a little too hard upon them, and showed, he was.

afraid, that a spirit of animosity still existed in the mind of
the parties on the other side. The guardians, however,
were not anxious to treat them with that spirit, and, as a
proof of that, lie was instructed to say that they were will-
ing that the costs of the cause filed by Dr. Thorpe and
Lady Pomfret should be considered as costs in the cause
which they had filed.
This was agreed to by the other side, and thus the mate
ter rests at present.

COURT OF KING'S BENCH-(THIS DAY.)

(Sittings in Banco.)
BURTON V. PLUMMER.

Mr. E.4aL• moved, in this case, which had been tried
before the Secondary of the City of London, for a rule to
show cause why the non-suit should not be set aside, and a
new trial had. It was an action for goods sold and deli-
vered, and the delivery had been proved by the plaintiff's
clerk, who deposed that be had made an entry of the weights
in a waste book, from which they had been copied in wit-
ness's presence into the ledger. The witness not being able
to state the precise weights, without referring to the waste-
book, which would not be allowed, the Jury were directed
to find for the defendant. The learned counsel contended,
that the ledger was an admissable document, and that, at
all events, as there was proof before the Jury that some
goods had been delivered, the verdict was against the
evidence.

The CHIEF JUSTICE—Take a rule.
THE MURDERERS OF MR. ASHTON.—THE KING V. GAR-

SIDE AND OTHERS.

The ATTORNEY-GENERAL moved ex officio for a writ of
certiorari to bring the depositions on which the defendants
had been convicted of murder, and also for a writ of ha-
beas corpus to bring up their bodies before that Court.
He was entitled, he believed, to these writs as a matter of
course ; but, as a matter of respect for that Court, he
should state to their Lordships the circumstances upon which
his application was grounded. The defendants had been tried,
convicted, and sentence of death passed upon them before Mr.
Justice Park, at the last Chester Assizes, for the murder of
Mr. Ashton. In the usual course, they should have been exe-
cuted on the following Friday, but in consequence of a differ-
ence of opinion as to whose duty it was to see the extreme sen-
tence of the law carried into effect, they had been respited
from time to time, the last being up to the 18th of the
present month. The dispute was as to whether it was the
duty of the sheriff of the county, or the sheriff of the city
of Chester, to carry the sentence into execution, on the lat-
ter of whom it was said to devolve by right of immemorial
usage. Until the passing of the Act 11 Geo. IV., the
criminal cases of the county-palatine of Chester had been
tried before the Chief Justice of Chester ; and by the rules
uniformly observed in his Court, the executions were in-
variably performed by the sheriff of the city. That
Act had, however. made a material alteration in the prac-
tice ; and the regular Assizes have since been held at
Chester, under Commissions of Oyer and Terminer, as in
the various other counties of the kingdom. There was a
clause in the Act which provided that nothing therein con-
tained was to affect the obligations and duties hitherto per-
formed by the magistrates and citizens of Chester. In the
case of the defendants the magistrates had refused to carry
the sentence into execution, on the ground that their obli-
gation to perform certain duties extended only to the Pala-
, tine Court of Chester, which had been abolished by the
11th George IV. On the other hand, the sheriff of the
county refused, alleging that it was the duty of the magis-
trates and citizens of the city of Chester. The prisoners
in consequence were respited by the Learned Judge, and
remained unexecuted up to the present time, a cir-
cumstance which it was most important for the proper
administration of justice to avoid. Indictments had
been preferred against the respective sheriffs, but they
had been ignored by the Grand Jury, and it would be
his (the Attorney-General's) duty to file ex officio infor-
mations against them hereafter. But as it was most im-
portant that the sentence of the Court should be speedily
carried into execution, he had thought fit to make the pre-
sent application, as he conceived that when the persons had
been brought to the bar of that Court their Lordships
would have the power to order the execution of the priso-
ners by the proper officer—the Sheriff of Middlesex or the
Marshal of the Court. The Learned. Attorney-General
then proceeded to cite several cases in support of such a
proceeding. The first case was that of Middleton in the
reign of James the First, who had been condemned to death
for having escaped from prison, and was executed under an
order of the Court of King's Bench, and in which the
Sheriff of Middlesex had been fined for non-attend-
ance. The second was that of Sir Walter Raleigh
who had been imprisoned for several years after
his conviction, and was at last executed at *West-
minster, opposite St. Peter's Church, by the Sheriff of
Middlesex, under an order of the same Court. The third
was that of one Cox, condemned for horse stealing, and
brought up by writ of habeas corpus, from St. Alban's, and
executed by the Marshal, under a similar order. The
fourth was that of the regicides in the reign of Charles 11.,
executed for high treason, under an order of the same
Court at Tyburn. There was authority for such a pro-
ceeding in Hale's Pleas of the Crown, wherein it was laid
down that in cases where sentence of death had been passed
execution was-to be done by the Marshal. There was also
the case of Earl Ferrers, in 1760, who was tried for a murder,
and to a question put to the Court as to the day appointed
for the execution having elapsed, it was replied that the
Judges were unanimously of opinion that a new time might
be appointed by them, or by " the Court of King's Bench."
The last case he would cite occurred in 1767, the King v.
Royson, convicted of a capital felony at Hull, and removed
by certiorari and habeas corpus to the Court of King's
Bench, where sentence was passed, and the defendant was
executed in- Surrey. The Learned Counsel proceeded to
cite authorities in support of the right of the Attorney-
General to make applications of the present nature.
Sir JAMES SCARLETT instanced a similar case to those
quoted by the Attorney-General—that of a man convicted
of sheep-stealing.
The ATTORNEY-GENERAL observed, that when the pri-
soners were brought to the Bar of 'that Court, it would be
in the discretion of their Lordships to award execution in
such manner as they should deem fit.
The CHIEF JUSTICE—Take your writs.

COURT OF COMMON PLEAS-(THIS DAY).

(Sittings in Banco.)
LLOYD V. LEGUR.

Mr. RYLAND moved in this case for a rule to show cause
why the verdict for the defendant should not be set aside
and a new trial had, on the ground that it was against
evidence and the direction of the Learned Judge. It was
an action for the sum of 41. 10s., the price of a great coat
sold by the plaintiff to the defendant, and tried in London
before Mr. Sergeant Arabin. The order for the coat by
the defendant, a gentleman residing in Mount-street, Gros-
venor-square, was proved, and its delivery ; and the defence
was that it had been paid for. Counsel for the. plaintiff
objected to evidence on that point, as it had not been

to
pleaded; and.the Learned Sergeant directed the brY.
f..*nd for the plaintiff. The Jury however after, consalting
?0r... short time returned a verdict for the defendant%,sce
The CHIEF JUSTICE—Where the sum is under
goaa"
are not in the habit of granting a new trial on the
er why
that the verdict was against evidence and I don't se no
we should break through it in this case,'
where there are
affidavits.
Mr. HYLAND—I submit, my Lord, *hat as this is 3 Pell:
granteu
verse verdict the general rule does not apply.

ST. MARTIN'S-I N-T---HE-FIELDS•
--.6.---.
The angry feelings of this parish were
the Vestry-room this morning. A large number ?te,t,re
rate-payers assembled, and the room was crowded
,bbeinv a
ten o'clock. Mr. Simpson was elected Chairman, w obr
long and animated discussion took place upon the chief
jects relative to the business of the parish ; but
nt
of
object of their meeting was, to decide upon the am°
again revivep
the
rate to be levied—whether it should be Is. 6d. or ls.
so
Several of the rate-payers contended if the lesser two
was voted, they would be obliged to assemble again in
months, and vote another 6d. would
Mr. SIMPSON, the churchwarden, contended In' nted
answer all the purposes of the parish, and if they .rotil
more, any banker would be glad to lend them 100°1•
there
the next year.—(Cries of no, no.) • He would repeat the
were many individuals who would be glad to advanee.t.
amount, but he believed the parish would not requi,re 1r
the
Mr. BOURNE was satisfied Is. was not enough to
necessities of the parish. be the
Mr. SIMPSON then put the amendment that IE. show
rate until Lady-day nexl
t, instead of is. 6d., when the'r .)
of hands was in favour of the lesser amount.--(Chee!i
Mr. FiNcHam demanded a poll of the whole parish 13,1
Mr. SIMpsON declined receiving it, as not necessary',r:
would be attended with great expense to the prrishione -
_,
he cae
It was therefore understood that the rate of ls. "-
firmed.
—0)
SHIPPING INTELLIGENCE—(THIS 111-4 c.
4c. i
• 6 -
(FROM LLOYD'S.) ~,fa
DEAL,fiOV. s.—Wind S.W., strong, in squalls.lo,
from the river last evening, and remain, the An° 5
Armstrong, for Demerara; Cadiz Packet,
Cadiz ; President,- Moore, for New York. net 6,, Gib
M'Lean, has put back, and remains. The HoPo, I°' goa-
ta-, lost anchor and cable, and proceeded for Margate ateti
The Juno, for Jamaica, has proceeded for Ramsgate`_
ye
with loss of anchor and cable. The. President dr°o ou t°
brought up again with both anchors a-head. It cagnedetich
Williantsoov; ~
blow hard towards noon from S. W. The Lord "" ,
Ada, and Waterloo, all well, per Marryatt's signal. IP"
PLYMOUTH, Nov. 4.—Wind S. S. W.—Arrived the
,
Lister, from Oporto. -' seu
FALMOUTH, Nov. 4.—Wind S.W., fresh hreele!sailea
cloudy.—Arrived the Mutine Packet, from Rio Janeit7 ori•
Aug. 29, Bahia, Sept. 11, and Pernambuco, SePt• 2ma'jestY,,
seis Packet, from Jamaica—sailed Sept. 24 „this, .tv•s_,,ll',,,'
ship Espoir, from Lisbon—sailed 19th ult. ; bia otaJefzicliel',-
/slstitilus, from Lisbon, 26th ult. ; Fanny and Jane' flora
front Z4tit-A.-ws.etr port
,the Palambam, Willis, fr gale•lj
P9RI.SMOUTII, Nov. s.—Wind W. S. W•, a bid.i sai,
"'l6).l%ttfraftygrolat, which arrived here on the 3d in,„,s7aoet'
from Lisbon on the-19th Oct. with Hull packet for roes tlie
and parted company on the 23d. The Lufra regoth ()°
William Curtis, cutter, was to leave Lisbon on the .'
for London, with the specie on board she took out. . ebiuse°'
LIVERPOOL, Nov. 4.—Arrived the Harriet, Igglizabett4
from Maranham ; Mary, Nelson, from Demerara; Pioifo;
Brown, from Monte Video; Recovery, Vautier, froT i fro,,i'l
George, Wright, from Maranham ;- Fair Isle, W,,eeew'Vt" 1,
Trieste ; George Washington, Holdredge, from '
~,t_oo•
°ll` sailed 9th ult. Coastwise, 11. TowThkio
CLYDE, Nov. 3.—Arrived the Jason, Bryce, frfrOilio
COWES, Nov. s.—Arrived the Isabella, 11,ere ' '
,oared '
Janeiro." The Falmouth, Nichols, from Looa°° mi
dismaste, bound to Falmouth.
SCILLY, Nov. 3.—Arrived off port, the C°urier' ff''
fro°
Rio Janeiro.
BRISTOL, Nov. s.—Arrived the Dochfour, J°lll3fr°so' TO
Quebec ; Rosabel, from Newfoundland; Palmer' ,
ganrog. 35'
dated, WC 7
A letter received at Lloyd's, from Hamburgh'„,,,,s,•••••
ult. (two days later than the previous account), ~."„er.'',
still remain without any accounts of the Superb Ste. ty
According to the Post-office notice, his Majesty's ii ell lei,
pion, with the Lisbon mail of the 4th inst.,. will 7.', ra lead :'
arrival of last night's post at Falmouth. Also '-b Brasil`' :
Dille, with the mail of the 4th inst., for Madeira, '.B
Buenos Ayres.
05
VESSELS ENTERED INWARDS AT
i, the
CUSTOM-HOUSE, Nov. 5..,,,,,,e,betP,i' 1)0
The Commerce, from Calais - the Vrouw ri`,:„o se "too
Leopold 1., and the Tyne, from 'Ostend; the 13,1-1-4
Port, from Guernsey ; the Marry,
from I(°°4sl3oraell;eo
Liberty, from Boulogne; the Alexandre, frote s, "vi
Salt 130
the Christie Endreson, from Schien the
Smyrna • the Trusty, from Trieste ; the Sir Eduard
, .
from Haniburgh; the William, from Havre. ci. Pl(cus•
ENTERED OUTWARDS FOR LOADIN'ts' t°.lais;
The Gipsy, to Jersey and Guernsey; the SarePt7o' Ca• the
stantinople; the Active, to Dunkirk; the Julie',„rclaill' the
the Atlantic, to Algoa Bay ; the Ramona, to Ka,trbuell;•etis
Helen, to Antwerp; the Matchless, to St. Pehe Aettlfg, .
Matilda, to Bordeaux ; the Henry, to Oporto' i.t pally,
Planter and the Princess Augusta, to Antigua ; tl'eto et.,
to St. Lucia; the Soho to Lisbon; the Harriett' 50f•,,0;
CLEARED OUTWARDS WITH CARG'°/,'orto 111 0
The Neptunus, to Rostock ; the Latona, t° fiebe.'til°
the Christiana Charlotte, to Copenhagen; tbeiooe ,a 00
Lisbon; the Apollo, to Granada • the MarY, te,;,, Pell
Alliance and the Active, to Dunkirk ; the I)°,l`-a 5
Attwood, to Antwerp ; the Elizabeth, to Triaitl3,"" Nov. ilie;
CLEARED OUTWARDS IN BALLe-itosev-
TheLykeensprove, to Norway ; the Botley -Sv°° '
the Ceres, to Memel. the
- a
VESSELS SPOKEN WlTL`Liohis, 011 A
The Combatant, from Liverpool to Phila"--` It. jr
28th of September, in lat. 42., long. 40. ha 801' 0
The Ocean, from London to Miramichi, 011 t'" 1 iii
lat. 44., long. 40. Atli ut.
The Halifax, from Liverpool to Halifax, on the . , 15t
lat. 45., long. 39. tuber the ht
The Robert, of and from Stettin for Natite,aio,it,"
instant, eight leagues E.N. E. of Ushant t bean lo_ c 17.0.
sprit on the 23d ult. in a heavy gale at N• ‘V:,.' 0," pon_llol, c'''
Jutland, by the Sylvia, revenue cutter, arriveue-Liserr it
The Bahia Packet; from St. Petersburg to 30t"
the 0
theoff the Scaw. cal ,t,
The Cora, from Liverpool to Buenos AYr'' , 0011
ult., off the Smalls. , the 3
The Palinurus, from Liverpool to Jarnalea, °- o,„
off Cape Clear. soth.d .-
The Sir John Rea Reid, from London to Newifis, gri`
on the Bth ult., in lat. 40., long. 14., by the m '
the Clyde. , TO
----- ,
A ~
ARRIVALS AND DEPARTURES IS,
SCOTCH WHARFS. a thoogre
WEDNESDAY, Nov. 5. 7 P.M.-411.d 110 W, ef; n. 3 coillooit
the former part of this day, it has been blowirod t°:.oiss'
gale of wind. There have been only one arriva‘bis 113°' „
ings ; but several advices were received by this :.--, °ado"
Edinburgh mail, the purport of which are sub.l°l',f and voster'
Banu a 3 c•
HOAR'S WHARF, Nov. s.—At 4 P.m. the - flitli, ,00
Shipping Company's smack Union, Daniels.'-' Sailed
from Banff, with a cargo of corn and provision saile...ivs,:*
No advices.
DOWNE'S WHARF, Nov. 5, 5 P• m•—li° arriValos; C°ll'°lll4
3 A.M. the Dundee, Perth, and London ShiPPid Pali 0705ist`-j
steam-ship Perth, for Dundee, with goods el! ally cos 8111
few number of passengers. The cargo
theprineilltivert:eooJi,,
of teas and sugars. At half-past 4 P.m- •, A' ,rioc t
London Shipping Company's smack Caledol'icaarge, r b
M'Leod, Master, for Inverness, with a general ,diubild i
pally teas and groceries. No aduices. and r' -VP
shAipDpviniegEcs.o—mpMainty%Esas'ms WHARF.—I
ofT hileopLeotnodw;arraarvpet.ciai.:lo,,at Dill:,
Miller, and the Pilot, Captain George Hocwaipet,aiti Wil' oil,
on the 2d instant. The Robert Bruce, ith' pert,
derson, also arrived at Leith on the 3d instaontiion, De F,o i,„,
LEITII AND GLASGOW WHARF.—The L,e captoie Gorr
Glasgow Shipping Company's smacks Haw,.'‘.ll An
and
,t)
Nesbit, and the Edinburgh Castle, Captain A rev
afl' flell I
arrived at Leith on the 2d instant.
LEITH AND BERWICK WITARF.-----The L°llCCirPtain II; °B';t
Old Shipping Company's smacks Ocean, sicholborif el .
Johnston ; Lord Wellington, Captain Jettlfsco all er,,, the 0
the Walter Scott, Captain William Dick,_
eLi
h alatter e",„api,,
Leith ; the two former on the 3d, and t . 1,, CeZte'ler
instant. The London and Berwick Shipping the 'fora)
smacks Commerce, Captain Wans CltlAraiicit ;the
Captain Andrew Farmer, have arrived . t -o.'
on the Ist, and the latter on the
----t.----"--1----------14 IS I) AI r*)
THE MARKETS—(T ti
----••sgy" .36 Trusses • kii pt
HAY MARKETS.--kAt per Load or oto :10
CUMI3ERLAND. .............. "I jo •! 1i
5 )If
('oars" heavy Lowland Meadow clay ........................... ... .
3c±.. ins_tant. ,
New Meadow Hay ............... . ....................................... 7. (i; 9,1
Useful Old Ditto ................ . ................. :',
CFlionNe'eUpland
.. !1.ea....t.i.0....w.....a....n....d.......11..Y. ............... . 1-Iw3i,l'e-a:t.:::t:r....a:sv:. .............. ..... I 116
to ;0:
Oat 5traw............ t.l Sto giTlivir,,,D
...... j 314
...... 4 " !.
IF
Coarse heavy Lowland Meadow flay, ..........................
......., 4 It 2 ,
.4
New Meadow Hay .............................. ................ •:: sr, li
uscfi .1 Old Ditto .................. ... ...........
................. •".. 4 !", '
Fine Upland Meadow and Ryo-grass -"'-Generaily ... ~ • 1 P .
, I
Clover Hay
,extreme ...... A. 5 1 .5 . j
Oat Straw
New Mc ,dow Hay ............................ . ..... : ......
............... 7., 0 1
Useful Old Ditto ......................... '; . iv... ............ -::
.. ~,,,
Fine Upland Meolow and llyc gra:.......):
..................... , 1
Coarse meadow Hay ....... ............. .............. ntN8‘".71111....re..3°t. ......................................... .A 43 j(r)(1 ''f4l;fl
10 ilCtove,r flay ... ......... : •.: r
.;:', 'Ai Meat straw . ....
_1,31
Oat Straw ...... .......*:;:::._,__._____---------------''-
rr rr 0 Gvv. '..
g go•oi
sl. t
'
MEETINGS OF
~., ,i a
BASINGHALCLIVIIETE°TI::::feAtOte:)Ig°
........,..2 ;
E(From the Lottqoaup_id,
.....
......t::
.....
...
~
..1 I
J. Bentley and Co., warehousemen,
tCl.f .
Vld Broad-.-trec
...... ••••;'ict 0
W. Eccles, apothecary, Union-c
I) tiertfordshir'.
...... •.... i
j:.l..tll:,l:iiilliFhaatioctiet eFi.ve
leorioesdhr a
ginre,,,nkl.:f.aicl:lbeit'-erosart:p7i.i.-tdte:a.t1:::1;:::c7_3:d.,.:).1.,11.Y.r. t.:, :?. i.1.1.1‘...:,:: :: 1 1
C. Einson. horsedealer, Sawbridgeworm ,er. ,__
...... . .
....
...
H. Lewis and Co., clothiers, Wootton-t d
.... e....
.......
...... :
.........
J. Wyld, hosier, ltathnone-rlace ..........................
..
.....
li. Flaxnaoti, carpenter, Fetter.daue ........