The Sun.
London, England, 1834-01-25 00:00:00

PRICE V. WATERIIOUSE.

This was a bill filed for the purpose of having a deed of part-
nership, alleged to have been fraudulently entered into, delivered
up to be cancelled, and that the usual consequential accounts
might be taken under the direction of the Court. Mrs. Anne
Price, one of the plaintiffs in the cause, was a legatee under
the will of her father, to the extent of 1,0001.; she had also
an interest in his residuary property, after his debts and lega-
cies were satisfied, equally with her brothers George, Charles,
and Thomas Waterhouse. The testator died in September
1830, having by his will appointed two gentlemen, named Corne
and Steward, his executors. In consequence of their declining
to prove under the will, Mr. G. Waterhouse administered, and
swore the property under 1,5001. The family were surprised
at this circumstance, believing their father to have died worth
at least between 5,0001. and 6,0004 Being immediately applied
to for information on the subject, he refused any further ex-
planation on the point than by saying that all the partnership
property and effects under the articles of the partnership con-
, tract belonged to him. The consequence of this was, that the
remainder of the property was not only insufficient to pay the
legacies, but even to satisfy the debts. The object of the pre-
sent bill was to set aside this deed, and the question was, whe-
ther it was to be considered a fraudulent instrument. In the
year 1810, Mr. Thomas Waterhouse, the testator in the cause,
entered into a partnership with a person named Ryland, as a
plater, in Birmingham, and the joint concern was carried on
till the close of 1829, when it was agreed that the partnership
should be dissolved. The property of the concern was, at this
time, estimated at about seven thousand pounds, which Mr.
Waterhouse took and paid in consideration 1,6001. by instalments
to his former partner, as had been originally agreed on when
they first embarked in business. In January, 1830, the testa-
tor admitted his son George as a partner, and gave him 2,0001.
as his capital. Mr. George contended that this was an abso-
lute gift, the other members of the family insisting that it was
only a loan at interest. In March, 1830, Mr. Waterhouse, the
father, was in such a state of health as greatly excited the ap-
prehension of his family. He was attended by two medical
gentlemen, who were since dead, and, therefore, the plaintiffs
were unfortunately deprived of the benefit of their testimony .
It was to be observed that a gentleman of the name of Gem
had drawn up the original deed of partnership, and he had
also been employed by the testator, on occasion of its dissolu-
tion, to cancel the articles. On the 9th of March, 1830,
Mr. Geo. Waterhouse went, not to Mr. Gem, nor to any other
professional gentleman, who had enjoyed the confidence of his
father, but to Mr. Maudsley au entire stranger, and gave in-
structions to him to prepare a deed of partnership between
him and his father, the testator in the cause. On that same day
the articles were prepared and engrossed, and in the evening
were taken by the solicitor and an intimate friend of his own,
a Mr. Wilkinson, to the father, for the purpose of being exe-
cuted. The father declined to execute the deed that night,
but on the following day he was prevailed on to do so. The
deed in question recited that George had been in partnership
with his father since the beginning of 1830, although there had
been no formal instrument executed between them; it then
went on to declare that it should be carried on for 21 years, but
with liberty to either party to determine it at the end of 7 or 14
years, on giving six months' previous notice. The partners
were to share equally in the profits; the capital was then
estimated at 5,7684, of which 3,7684 was declared to belong to
the father, and the remaining 2,000 to the son George, that sum
having been absolutely given to him, but he was to allow five
per cent. on it to his father during his life. This certainly ap-
peared an extraordinary provision if indeed it had been abso-
lutely given to him. It was then stipulated that neither
party should be at liberty to carry on any other business, but
then came an exception, which was interlined and written in
another hand " except that the said George Waterhouse shall
be at liberty to conduct the business of a pawnbroker." An-
other provision of the deed was, that although one party had
only one-third of the capital he was to share equally with his
father in the profits, while he had advanced the other two-thirds.
There was, however, a still more extraordinary provision, to the
effect that if either party died (the father then being in a state of
imminent danger) the survivor was to take the business stock
belonging to the other on paying to his representatives its va-
lue in annual instalments of 5001., with profits and without
interest. Thus, if there were 6,0001. worth of stock it would
take twelve years to pay it, and all this time the legatecs
would be deprived of their interest. The effect of those arti-
cles would be so fatal to the faintly that they detarmis.cd upon
instituting the present inquiry.

.. _
The defendant admitted that there existed no proof in wri_
ting of his having received the 2,0001. as a gift. When taken to
be executed the deed was not left with the father, although he
refused on that occasion to execute it, saying that he did not
understand it. The provision in the will of the testator rela.
tive to the VOW. was also quite inconsistent with the notion
that it was an absolute gift ; the testator having directed that in-
terest should not cease to be paid on it till a year after his death.
It appeared that there were several contradictory statements
in the evidence of G. Waterhouse and his own material witness.
Indeed upon all the circumstances of the case there did appear
to be the greatest suspicion of fraud ; and it was therefore
submitted, that the deed, having been most irregularly and im-
properly obtained by the defendant, should be ordered to be
delivered up and cancelled.

Mr. PEMBERTON appeared for the plaintiff ; Mr. BICKERSTETII
and Mr. SHARPE for the defendant. The learned Counsel
entered at length into a variety of evidence, for the purpose of
showing that the defendant had been regularly apprenticed to
the business, and had conducted himself uniformly to the
satisfaction of his father ; that the testator had all along enter-
tained the intention, and took every opportunity to declare it
to his friends, of adopting his son into partnership, and giving
to him the 2,000/. as his share of capital ; and that
the whole of the circumstances of the case were quite
reconcileable; and when properly considered, instead of im-
pugning the bona fide character and validity of the deed,
tended greatly to confirm it as one which it was to be ex-
pected a father would enter into with a son who had always
conducted himself to his entire satisfaction, for the purpose
of making a proper and adequate provision for him during
his life.

Mr. PEMBERTON replied.
His HONOUR said that it had been clearly proved by the evi-
dence that the testator was aware of the nature and provisions of
the deed which he had executed ; and considering it as a transac-
tion not between strangers, but between father and son, it was
not so suspicious as otherwise it might have appeared, from
the nature of the benefits which the defendant had derived
under it. His Honour went tkrough the facts at con-
siderable length, and commented upon the evidence on both
sides. Upon the whole, although it was not entirely free
from suspicion and doubt, he came to the opinion that the
deed should be established, and that the bill filed to impeach
it should be dismissed, but without costs. The usual accounts
of all moneys which had come to the hands of the defendant,
as executor, were however directed to be paid to him.

THE FUNDS.-(THIS DAY.)

CITY, TWELVE 0' CL 0 CK.

We have no arrivals this morning of any description, with
the exception of the two French mails with the express from
Paris, which bring long details on the affairs of Spain, and a
confirmation of the change in the Spanish Ministry. The ac-
counts from the various quarters of Spain respecting the ope-
rations of the contending armies are not of interest, as nothing
of a decisive nature has taken place on either side,
but much is expected from the change in the Ministry, as
they are of the liberal party, and moderate Constitutionalists,
Martinez de la Rosa was a member of the Cortes in 1820. M.
Gazeli, the new Minister of Justice, was also an ancient mem-
berof the Cortes; therefore it is expected that their first ope-
rations will be to declare a free and complete amnesty, the
immediate extension of the liberty of the press, a reform in the
finances, an open and decisive declaration of their intentions
in regard to Portugal, and the preparing measures for the con-
vocation of the Cortes. These measures are no doubt ex-
pected from them by all the friends of liberty, both in France
and Spain.
opened
dnsoalt 88
Consols, wl:4ichmle,fotworngyteostethrdea
—74 f. Ssc.

In the Foreign Market, Dutch 49 1-4 ; Spanish, 24 14 25;
Portuguese, 58 14

Consols arc again 88 % for the Account.
HALF-PAST ONE.
We have no fresh arrivals to the present hour, nor any re-
ports to communicate.

Consols, which were in the early part of the morning at
SS% to M, have since improved to 86 M 1 for the Account,
with little doing.

In the Foreign Market Spanish Stock, which reached 25,
has receded to 241 v , in consequence of an expectation of a
national bankruptcy in that country ; Portuguese Stock is also
lowever, 57Z to SSZ ; Dutch, 49Z Z ; Brazil, 69k.
I'HREE O'CLOCK.
Consols for Account SBg.

The Munich Gazelle of the 17th inst. states
that a royal shooting party had taken place that day in the
preserves of Mosach, at which the King of Bavaria had
killed seventy-nine pheasants and one owl ! The Crown
Prince killed forty-five pheasants and three owls !
Mr. Long Wellesley has been released from
gaol at Boulogne, upon paying into Court the money for
which he was arrested, to abide the issue of a trial. He
went off directly for Brussels, Whilst in Boulogne gaol he
had three livery servants in attendance upon him, had moot
expensive apartments, and entertained in the most costly
manner.

LITERATURE.

QUARTERLY REVIEW. No. C.
LONDON, 1834.

It is with no less surprise than gratification ,
that we have read the essay on Gibbon,
which heads the present Number. It is penned
in so temperate, candid, and philosophical a
spirit—is so utterly untinctured with High
Church acrimony—is so just and even generous
to the memory of the mighty dead—that we
have been once or twice compelled to pause,
and ask ourselves the questions—" Are we
really reading the Quarterly Review? Can
these be the sentiments of that fierce, uncom-
promising ultra-Protestant Journal which old
Gifford once superintended ?" Yet such is ac-
tually the fact. Times have changed, and the
Quarterly has, in some degree, changed with
them. Had Gibbon been made the subject of
its discussion but six years ago, he would have
been held up as a rank blasphemer, to deter all
readers from dipping into his pestilent pages ;
but now the case is altered, and justice may be
done to him, as the noblest historian of any
age or country, without endamaging the moral
or religious tenets of the community. We con-
gratulate the Quarterly on this change of sen-
timent. It may—indeed it is fit it should—
lament the scepticism of such a man as Gibbon ;
but it is by no means fit that it should load
him with Billingsgate abuse on that account.
Persecution never yet made a man religious,but it
has thrown hundreds into the arms of dissent, if
not of infidelity. However, there is nothing to
complain of in the present article, which, whe-
ther we look to its style or spirit, is, we repeat,
most admirable. " Gibbon," says the writer, ,
in a sentence which exactly defines the character
of his great work, " first bridged the abyss be-

tween ancient and modern times, and con-
nected together the two worlds of history."
He then goes on to point out the har-
mony and clearness of the historian's narra-
tive, which, though ranging over an infinite
variety of subject, embracing events most oppo-
site in their character, and for which the autho-
rities wecroenotfrtadenictoy—whch;
vague,r and still
thoughlofte compelledconflict-
ingner
to make such vast and repeated digressions that
a return to the main subject in any easy, grace-
ful manner requires the nicest art—and, above
all, which has to call up and set in clear array
the manners, habits, and political and social
influence of countless tribes in every stage of
civilization,—yet preserves a luminous unifor-
mity and subordination to one predominant idea
throughout. Wherever he may be, whether
among Hutt, Tartar, Goth, or Kalmuck, Gibbon
never loses sight of Rome. It. is ever in the
foreground of his imagination. As respects style,
if he be often above, he is never below his sub-
ject. On grand occasions he can rise to the
highest flights of eloquence ; but on trivial ones
he is apt to be equally fine. This is his great
defect, that the uniformity of his subject extends
also to his style. When we read his magni-
ficent account of the last siege of Constantinople,
and the death of the last Paleologus, where he
places the Sultan, with his " iron mace in his
hand," as vividly before us as Scott has done
with his heroes of romance, we acknowledge the
richness and propriety of his description ; but
when the same splendour of language is la-
vished on the first introduction of silk into
Europe, we feel that materiem superat opus,
and that, from defect of subject, Gibbon
is not great, but grandiloquent. However,
notwithstanding this, he is always interest-
ing. His last six volumes, in particular, have
all the fascination of an Arabian tale. Where
his history is most defective—less, we suspect,
from lack of materials than from an indisposi-
tion to the subject—is in its account of the
Crusades—a vacuum which the late Mr. Mills
has worthily supplied.

Speaking incidentally of Hume, in his sketch
of Gibbon, the Reviewer says that he "is scarcely
yet shaken on his pedestal." As a master of
easy, flowing style, this is true ; but as an his-
torian, Hume by no means holds the high rank
which he once held. Mr. Godwin's " Com-
monwealth" has proved that portion of his nar-
rative, if not an absolute romance, at least so
full of party prejudice, as to be unworthy of
credit ; and Mr. Sharon Turner has made three
full, animated volumes on the Anglo-Saxon dy-
nasties, for which Hume professed to be unable
to find materials.

" German Watering Places" is a delightful
article, full of novelty. " Lewis's West India
Journals" shows the author of the " Monk" in
a more amiable light than be has hitherto ap-
peared. Mat. Lewis--say Scott and Byron
was a bore, the worst that can be said of a man
in these days, but he here appears as a man or
quick faculties, and zealous philanthropy. " Tre-
velyan" is a notice of a popular novel lately pub-
lished. The praise would be juster if it were a
little more moderate. " Life of Crabbe by
his son" reveals many curious particulars in the
life of that eminent poet, who seems to have
experienced as many pangs from the excess of
patronage, as from the want of it. His suffer-
ings from being compelled to drink "bumpers of
salt and water," when Chaplain to the Duke of
Rutland, may be fairly pitted against those
which he must have endured when he trode the
streets of London with scarce a shoe to his
foot. It may be worth mention, perhaps, that
Crabbe has borne the highest testimony to the
present Lord Chancellor's conversational powers,
that one great man ever yet bore to another.
" Brougham's conversation," says his diary,
" reminds me of Burke's." We close our no-
tice of the Quarterly Review—just observing
by the way, that th,.: elaborate article on Litur-
gical Reform, if meant to be candid and con-
ciliatory, takes a strange method of exhibiting
these qualities—with an extract from the review
of Ctabbe's Memoirs:—
" Our author's narrative, at this period, begins to be
diversified o ith hilily-interesting letters to and from
Mr. Crabbe. We have specimens of the epistolary vria
of, among others, Mr. Canning, Lotd Holland, Lord Grey',
Mr. Roger Wilbraham, the late Bishop of Peterborough,
Dr. Mansel—and, above all, we have a singularly-affec-
tionate sequence of letters between Mr. Crabbe and Sit Wal•

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THE MARKETS.--(THIS DAY.)

COVENT-GAR]
There as a reat suply t
at
trade was w
ratherg dull, at las wi

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ills

ree
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tful
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ter Scott. The admiration which these two great, good, and
single.hearted men had long flit for each other, gradually ri-
pened into a warm and confiding friend:hip ; and the frank-
ness with which, even before they had met personally, they
communicated together on subjects of literary interest, and
on their own private affairs and prospects, will ever form
a pleasing feature in the biography of both. We refer
Particularly to the delightful extracts given at pages 192
and 209. The last piece of poetry that soothed and oc-
cupied the dying ear of Mr. Fox was Crabbe's tale of
Plebe Dawson ;' and we are enabled to offer testimony
not more equivocal of the sincerity of Sir Walter Scott's
worship of his genius. Crabbe's poems were, at all
times, more frequently in his hands than any other work
whatever, except Shakspeare ; and during the few inter-
vals after his return to Abbotsford in 1832, when be was
sufficiently himself to ask his family to read aloud to him,
the only books he ever called for were his Bible and his
Crabbe.
" In the autumn of 1813, Mr. Crabbe lost his wife—
and painful as her existence had long been to herself, he
felt the blow deeply—it stunned him ; a violent illness
ensued, and he desired, day after day, that the grave
plight be kept open.' At length he rallied somewhat, but
could not return to his usual occupations ; his garden had
lost all charms for him,—he was evidently an altered and
a drooping man. At this moment the valuable rectory of
Trowbridge fell vacant, and the Duke of Rutland, well
knowing the uncomfortable footing on which he had for
Years stood with most of his parishioners, and symp
thtzing with the affliction which had now rendered his
residence at Muston doubly painful to him, immediately
tendeted him this benefice. The people of Mutton 'rang
their bells for his successor before he was out of sight of
the parsonage !' Alas for the people of Muston ! But
kr. Crabbe not only gained a considerable increase of in-
come by his removal, but what was of far more import-
ance, found himself placed in a populous neighbourhood
where friendly society soon gathered around him ; and
where, after eighteen years of ever_increasing love and
honour, he at length res'ed from his ',hours, among the
tears of high, low, rich, and poor.
"He had some adverse circumstances to struggle
against on his first arrival there; but these were very
loon overcome, partly by the mildness, and partly by the
determined ccurage of his nature. Of the latter one in-
stance is given by Mr. Bowles, who witnessed the occur-
?nee. An election mob surrounded the parsonage one
"ay) when he was about to set out to give a vote of which
they fiercely disapproved. Their clamours were furious,
and their threats savage; but no persuasion could induce
the old man to eive way to their violence. He opened
his door, saying, You may kill me, if you choose, but
nothing, while I live, sha'l prevent me from doing that
Which I have promised to do.' He entered his carriage,
and drove off without molestation."

IPPING IN TELLIGENCE-(THIS DAY.)

LLOYD'S.
DEAL, JAN. 24.—WindFROM W.S. W. strong, in squalls.—Ar-
rived from the River, and remain with the outward bound,
the Chancellor, Alexander, for Constantinople; Thames, for
Trinidad ; and Demerara, Planter, for Demerara.
PORTSMOUTH, JAN. 24.—Wind S. W. to W.—A heavy gale
all last night and to-day.
Majesty's ship
PLYMMTII, JAN. 23.—Wind S.W., squally.— Arrived his
Nimrod, from Santander ; and Pearl, Trigg, from
Xubia.

FALmotrrn, JAN. 23.—Wind W.SW., strong gales and
NUally.—Put back the Lyra packet, for Brazil.
LIVERPOOL, TAN. .—Arrived the Adelaide, Damr..ll, from
Arica; Charles, Chatelaer, from Marseilles ; and Vigilant,
Langden, from Seville. Off port, the Dowson, Gowland, from
CeNv York.
GREENocg, JAN, 22.—Arrived the Buckingham, Brown,
front Demerara.

LIMERICK, 7JAN. r'2.—Arrived—Arrived the Levant, from Trinidad,
1
eaky, and with the loss of her mainmast.

The Pioneer, Bracy, from Yarmouth, to Venice, was driven on
shore, near Rye, yesterday morning—one of the crew drowned.
e
Th Nicolay, Brandt, from St. Petersburgh to Liverpool ;
We'tur, Baker, from Copenhagen to Lisbon ; and Johann;
'-',wonsham, bound to Portugal,were driven on shore at Lerwick
"ringa gale, 10th inst.
The Caledonia, Crawford, from the Clyde to Barbadoes, put
Into the island of Mull, with loss of rudder, &c., &c., leaky.
114 Majesty's ship Nimrod, which has arrived at Plymouth,
reports the loss of the Lealtad, Spanish frigate, at Santander,
13th inst.
The Caledonia, Clay, from Liverpool to Cork, lost sails, &c.,
out 65 days, bound to New York.
The Susan, Hare, from London to St. Michael's, put back to
Falmouth, with sails split and loss of main boom, after being 50
Miles S.W. of Scilly.
The Hector, late Gourley, bound to Smyrna, put back to
Constantinople, 22d ult., dismasted.

)EN MARKET.
:his morning's market, and the
ek's prices.

s.d. s. d.
Potatoes (cwt.) 3 Oto 5 0 Spinach (half sieve)... 0 6too 8
ea' bages,Savoy(l2) 1 6 3 0 Apples
l 6 2 6 Pears
bitto White
bitto Red 2 0 5 0 Quinces 3 0 5 0
krocoli
Horse ltachsh(hundle) 3 0 5 0 Seville Oranges (100)- 8 0 14 0
Celery U 6 1 0 Sweet 0range5.......... 5 0 10 0
rrots ,12 bunches) 4 0 70, Lemons 7 0 13 0
3. urnips 2 0 40! Walnuts 1 0 2 0
evolexvorts or Greens... 2 6 4 11i .‘pan. Chesnuts (peck) 4 6 6 0
teeks 0 6 I 01French ditto 3 6 6 0
Endive lO 2 0 French Walnuts 40 6 0
".,,nglish Forced 1 0 2 0 Spanish tiazlenuts .... 4 0 6 0
'llbe 1 0 1 6 Brazilian Nuts . 0 4 0
rts
Apples (lb.)

HAY M A RKETS.—k At per Load ut 36 Tru,ses.)
CU PI BERL A ND.
cZtll)Ply moderate, trade rather dull, and prices stationary.
New" i`eavy Lowland Meadow Hay £3 10 to x 3 15
~,, _ Meadow Hay 0 0 0 0
1J end Old Ditto 4 0 4 4
~tne Upland Meadow and Rye-grass Bay 4 6 410
klover li
uat Strawa.Y.....£l 4 5 5 0
Sto £1 10 I Wheat Straw 1 10 1 13
, A short v
,oar.. se neavy-i.uultiYa,
, SMITHFIELD.
and a dull trade; prices aslla3st qouotutedi 3 5
dew Meadow Ha nu Meadow Hay
Liaeflllold Ditto. Y
Clover pland Meadow and eye-grass Hay 0 0 0 0
3 5 3 15
fat Straw 4 0 4 4
Hay (et Strawy (e
fine)....£s o... Generally
i 6to Z 1 81 Wheat Straw 1 10 1 13

I%UI4GERFORD.
Come meadot
Hay £3
supply, and a sluggish trade.
New Meadow
Useful Old Ditto y .£33
150 to £43 105
3 15 4 0
Mover
Upland Meadow and Rye grass Hay 404 45
80
Oat n 5trawy:.................................
at io 6 ....... 6iraw tlo 112