The Sun.
London, England, 1835-02-09 00:00:00

THE SUN, LONDON, MONDAY, FEBRUARY 9, 1835.

tice with principle will afford the best assurance of

lonesty of purpose, and unmistakeable intentions.

Madrid Papers to the 29th ult. have been received.
As we anticipated, immediately after the report of the
insurrection of the 18th had reached us, the Spanish
Government has violated its solemn faith pledged to
the insurgents of the 2d regiment of Light Infantry.
During the march of the late insurgents to Valladolid,
the Government gave orders that CALDERO, the leader
of the little band, should he sent to the Island of
Majorca, to have his conduct inquired into by the
proper authorities ; that the eerjeants should be dis-
missed and conveyed to their respective homes by
the police ; and that the private soldiers should
be draughted into other regiments. CALDER()
required no time to deliberate on the nature
of this unexpected communication. He knew
well that an order to proceed to Majorca was precisely
the same as being sentenced to be shot, and instantly
made his escape into France. His followers were dis-
banded, and the sentence of the authorities at Madrid
immediately enforced.
We cannot sufficiently lament the blind treachery of
the Government on this occasion. In the present
state of the war in the Basque Provinces, an act like
this is calculated to close the door against every hope of
a surrender on the part of the rebels. The oaths and
solemn protestations of the Government being thus proved
worthless, there is no security for those who lay
down their arms that they will be treated with any de-
gree of clemency. Can it he supposed that any pro-
mise made by the officer of a division, will be trusted
after it is known that tt solemn promise made by the
Government, sanctioned by the Legislature, and wit-
nessed by the Representatives of all the Great Powers
in Europe, has been basely flung to the winds, the very
instant the Cabinet felt itself able to play the traitor ?
The supposition involves a moral impossibility. No man
can now trust to the honor of Spain, nationally or indivi-
dually. In money transactions Spain has done all in her
power to play the swindler on a most extensive scale ;
and here we have her unblushingly pull off the mask
which concealed the deformity of her moral character,
and which led the rest of Europe to believe that,
though poor and distracted, she still retained that chi-
valrous sense of honour which constituted her pride
and her glory in past ages. The conduct of the
government in the case of CALDERO and the insur-
gents of the 18th ult. has entirely destroyed that last
impression of the greatness of the Spanish cha-
racter. In treating with the rebels on their own
terms, the ministry displayed the cringing mean-
ness of dastardly slaves ; and in violating those
pledges which the bravery of five hundred hungry men
wrung from the leaders of eight thousand well disci-
plined troops, they have evinced all the duplicity and
blpod-thirstiness of assassins.
General LLAUDER left Madrid on the 26th
ult., to assume the command of Catalonia, accompa-
nied by one hundred and fifty men, his customary body
guard, since his arrival in Madrid. The QUEEN RE-
GENT still regards him as her most faithful and effi-
cient friend, in stemming the torrent of revolutionary
principles, which he has prevailed upon her to believe
are fast overflowing all Spain. The departure of
LLAUDER from Madrid to assume the Captain-Gene-
ralship, is a triumph over the Government on the part
of the late Minister ; and one too, the consequences of
which are looked forward to with considerable appre-
hension by the liberal party. General QUESADA,
who is the avowed enemy of LLAUDER, and who is
equally an object of hatred to the Ex-Minister, has
upbraided the Government with the imbecility of its
conduct, in permitting LLAUDER to assume the
command of a province after his late treacherous
conduct in the capital, and has even gone so far
as to assert that LLAUDER is prepared to throw
himself into the arms of Don CA RLOS. An appre-
hension of this nature is not confined to General
QUESADA. LLAUDER is a man capable of baseness
even greater than this, when smarting under the chas-
tisement which the voice of the country inflicted on an
intriguing tyrant, who is only not dangerous, because
his understanding and his capacity are not equal to his
inclinations to play the tyrant. He is not dreaded,
because, however strong may be his propensities to
mischief, and however confirmed his will to crush free-
dom in the bud, his countrymen know that he wants
talents to execute his projects, so that his stolidity
serves the country in the room of a counteracting good
principle. To a nation it matters but little whether
a man will not do evil, or knows not how to do it.
The revolt of LLAUDER, would however, in the present
state of affairs, be productive of very serious conse-
quences to the constitutional cause. As Captain-
General his example would have great weight with an
ignorant peasantry, who can be supposed to know but
little of the cause espoused by their immediate rulers.
In the Biscayan Provinces the labourers are
reduced to the greatest misery, from the constant sys-
tem of plundering the cottages, pursued by the soldiers,
whether Royalists or Carlists. The famine among
them is very great, and, as a matter of course, is fol-
lowed by the usual disorders and distempers which al-
ways are found moving in the wake of hunger.

The rumours of the several skirmishes, which are
reported to have taken place between the Carlists and
the QUEEN'S troops, are, in reality, not worth notice.
A war so conducted might continue in full vigour from
this to doomsday.

The Express from Paris, with the French jour
nals of Saturday, which ought to have reached
us this morning, has not yet arrived. We
presume the delay is entirely owing to the
high wind yesterday. We have received pri-
vate letters, detailing some particulars respecting
the stability of the French Government, but they differ
in no material point from the statements contained in
The sit„ of Saturday.

Brussels and German Fii.,ers have been received.
The Brussels Chambers of Legislation are occupied
with a project for the abolition of capital punishments,
which will shortly be passed into a law. The German
States are all in the greatest anxiety respecting the
fate of the Tory Administration in this country ; and
it is even asserted that if Ow Liberals succeed
in driving Sir ROBERT PEEL and his Col,
leagues from office, the Northern despots will
declare war against Englund, This we know
to be mere smoke. The Northern Despots tii'6 in no
condition to go to war with liberal Europe, neither
dare they venture on such a step. The next war in
Europe will, as we have already .014 u :44spryed, be a
war of principles, not of Monarchical prejudices and
jealousies ; and the longgr the Despots keep out of
the field, the better it will be f9;c ,4p:;;:i4plves. We
presume this bugbear has been called into requisition,
in order to deter some trembling Whig from vot7

ing against: the re-appointment of Sir C. M.
SUTTON to the Speakership of the House of
Commons ; but we can assure those who have fa-
bricated it, that it will produce no other effect than to
cause the people to laugh heartily at a threat which, if
even serious, we are powerful enough to despise. As
to the anxiety of the petty aristocrats who claim the
privilege of a seat at the Imperial Council board, we
presume it originates in a hope that the Tories will
now, as in the good old times belonging to ancestry,
tax the people of England, to pension the mothers,
brothers, and all the pauper relatives of their august
Highnesses. With regard to their puissant wrath, it
is about as terrible in out ears as the threat of an in-
vasion headed by an ebony chief of the Sandwich
Islands.

Arrivals from Washington state that the House of
Representatives has so far departed from the example
of the Senate, as to decline voting altogether on the
part of the PRESIDENT'S message with regard to
France, until the decision of the Chamber of Deputies
shall be ascertained. This is just as we expected.
So the question stands over, and the message is neither
approved of, nor the contrary.

We do not recollect meeting with a more shameless
misrepresentation of facts, than that which a morning
journal exhibits in its remarks on the cruel treatment
of the paupers of Freshford, by the overseers of that
parish. The circumstances of the case are briefly
these. A complaint of the ill-treatment of the poor
is made to the magistrates of the district, who reply
that they have now no power to interfere. The com-
plaint is then directed to the Poor Law Commissioners,
who state, in answer, that an Assistant Commissioner
shall be sent, as soon as possible, to enquire into the
matter ; and, in the mean time, they send to the parish
officers a copy of the charges brought against them.
An Assistant Commissioner is afterwards sent to
investigate the matter—the misconduct of the overseer
is proved—that officer is dismissed, and the necessary
steps taken to ensure to the poor in future the comforts
which they require. Out of these materials, the journal
to which we have alluded manufactures an outrageous
attack upon the new Poor Law, and the Poor
Law Commissioners. Now, it must be obvious
to every impartial person, (and this is the Ob-
server's fair and just view of the matter,) that this
case furnishes an eminent proof of the good effects to
be expected from the operation of the new system.
" The Magistrates," says our contemporary, " found
that under the heartless Poor Law Act, they had no
power to remedy the shocking evil to which these hu-
mane gentlemen had called their attention ;" but he
forgets to inform his readers that these shocking evils
had existed a year and a half, without any humane
interference on the part of the Magistrates—those " na-
tural guardians of the poor," as he denominates them.
The complainants, finding no succour was to be obtained
from the Magistrates, apply to the Board in London,
and it is charged as a high crime and misdemeanour
against the Board, that they did not send down an
Assistant Commissioner instanter, when, in fact, they
had none unoccupied at the moment. This charge,
if it amount to anything, amounts to this, that there
ought to be an Assistant Commissioner for every parish;
although, if we recollect right, the ten or twelve that
were appointed were considered by some of the oppo-
nents of the measure as far too numerous for the duties
to be performed.
But the Commissioners sent papers—they ought
not to have sent papers to the parish officers ! Now,
if they could not send a person to investigate the sub-
ject at once, surely the best step they could take was
to interpose their authority by means of writing.
This they did, and for this they are censured I Two
of the paupers had died before the Assistant Com-
missioner arrived, and the " Christian reader"
is very significantly told to mark this, as if it
was owing to the Commissioners. The verdict
in the one case attributed the death to " natural
causes," in the other to the " visitation of God,"
and in both cases the Jury passed a severe censure on
the parish officers. If the Commissioners had allowed
these men to retain their offices, and the old system to
continue, as the Magistrates had done, there might
have been good reason for finding fault with them ;
but they have, in this case, proved the efficiency of
the new Poor Law, and that is an offence not to be
forgiven.
We could have wished that our contemporary had
reserved a little of his disapprobation for the clergy-
man, whose duty it is to attend to the spiritual con-
cerns of the paupers of Freshford. It appears from
the report, that this Reverend Gentleman " had not
visited them since he had been a non-resident, neither
did he visit the poorhouse when he did reside at
Freshford ! ! !"

DINNER TO THE RIGHT HON. C. GRANT, M.P.
—INVERNESS, JAN. 26.—The friends and supporters of Mr.
Grant, the representative of this county, invited him to a public
dinner on Wednesday last, in the Northern Meeting Rooms.
'I he chair was taken by J. M. Grant, Esq., of Glenmoriston ;
on the right sat the Right Hon. C. Grant, T. A. Fraser,
Esq., of Lovat, Major Fraser, of Newton, Arthur Robertson,
Esq., of Inches, &c. On his left were J. A. Stewart Mac-
kenzie, Esq., of Seaforth, M. P., William Grant, Esq., Rev.
Mr. Beith, of Glenelg, Hugh Davidson, Esq., of Cantray,
&c. The croupiers were John Gollan, Esq., of Gollan-
field, and George France, Esq., Lovat, by Beauly.

SUDDEN DEA TII.—ThiS afternoon, at about a
quarter to three o'clock, as Mr. T. Baker, of Upper Stam-
ford-street, was walking near Waterloo Bridge, he fell down
in a fit of apoplexy, and expired. A medical gentleman was
instantly on the spot, and bled him, but to no effect.
_ _

We are glad to announce that H. Hunt, Esq., the
ex-member for Preston, who lately was seized with a paralytic
attack at the Swan Inn, Alresford, is now in a progressive
state of recovery.—Salisbury Herald.
NUTRITIOUS FOOD.—Onions can never be suf-
ficiently recommended. They possess more nourishment than
any other vegetable. It is a well known fact, that a High-
lander, with a few raw onions in his pocket, and a crust of
bread or a bit of cake can work or travel to an almost incre-
dible extent, for two or three days together, without any other
food. The French are aware of this ; the soup de l'onion is
now universally in use after all violent exertions, as the best
of all restoratives.

BELL ROCK.—The sea has been observed to run
higher on the Bell Rock during the late gales than it has hi-
therto been known to do. The monthly returns from the
lighthouse for January, bears that on the 17th the springs rose
116 feet, and drifted over the building ; and on the 18th and
19th they rose 110 feet. It is worthy of remark, that the
ground swell or heaviest sea preceded the highest wind by
two days. Several large masses of rock, called " travellers,"
by the lightkeepers, have been thrown from the deep upon the
rock : one of which measures eight feet six inches In length,
two feet six inches in breath, and four feet in thickness--or
about five and a half tons. The visitation of these travellers
is a source of great interest to the lightkeepers, who proceed
to break them up with large hammers, when at all manage-
pFeypnt 1.40 drifting upon the cast-iron railways or
04, t/
landing wharfi.,-.4:ditiNtr9ig gymiNg Courant.
SMALL Pox.—This fatal and distressing distemper
is at present very prevalent in some parts of Ross-shire, and
attacks persons of all ages. A rather curious case occurred a
few days since at Scuddel tiridgp. A
ming woman was seized
with the distemper on the day fixed for her marriage : the
bridegroom and minister arrived; and the damsel thinking it
best not to lose sight of her intended, insisted that she should
be taken out of bed and married, which was accordingly done.
Having ep_ ure4 her swain, she again retired to her apartment.
jnverriessCouriO.
‘.:77 "" VA —" Jack," said a farmer
Li. .uIL •
Met
in the neighbourhood of Glasgow, the other day, to lis
ploughman, " but you're an unto slow feeder ;" " Vera
ma ? ister !' said Jack, flourishing the spoon, " but lam a real
sure
one."--SkOetcl hfergurY

KING'S BENCH-(THIS DA Y.)

THE KING V. \VIGLEY.

The ATTORNEY-GENEkAI, stated the case. It was an indict -
ment for perjury, brought by Mr. O'Gorman Mahon, formerly
M. P. for the County of Clare, against an attorney named
Wigley, residii:g in Essex-street, near the Temple. The per-
jury was alleged to have been committed by the defendant in an
answer which he had put in tot Bill in Chancery, filed by the
prosecutor. It appeared that in the year 1826 the prosecutor
became acquainted with a Mr. Steele, and had accommodated
him with various sums of money, and had on some occasions
put his name to papers, which turned out to be blank stam..)s,
one of which was filled up for 8001., and another for 5001., l'or
neither of which had the prosecutor received any consid.ra-
tion. The 5001. bill was the one with regard to which the
alleged perjury had been committed. That bill had
never been presented to O'Gorman Mahon for pay ment
—he was ignorant of its existence, and under pretence
of procuring his signature to a document, which would have
the effect of releasing a large sum from Chancery, and out of
which the money advanced by O'Gorman was to be repaid, he
was induced to put his name to a paper which turned out to
be a cognovit in an action at the suit of a person named Grier-
son. Upon that cognovit judgment had been entered up, and
the first thing O'Gorman Mahon ever heard of the bill or the
plaintiff was the Sheriff's-officers taking possession of his
effects, as he was then a Member of Parliament, and his per-
son was privileged from arrest. The prosecutor came to Lon-
don, and endeavoured to ascertain who Grierson was, but with-
out effect, and on his return to Ireland he was arrested at the
suit of the defendant Wigley upon the same 5001. bill. A
bill was then filed in Chancery in Ireland by the prosecutor
for the purpose of obtaining information, and the answer put
in by the defendant in London to that bill was the foundation
of the present indictment. The answer stated that S. Grierson
was the holder of the bill, and had it from tile defendant ; that the
defendant was obliged to take up the bill, and was now the bona
fide holder of it. This was charged by the indictment as the al-
leged perjury, and he (the Attorney-General) would call Mr.
Grierson to prove that he never did hold the bill, nor ever re-
ceived it from the defendant, and further that he had never
authorised the defendant to carry on any action in his name.
O'Gorman Mahon would detail what he knew of the trans
action, which was very little indeed, and although it might be
urged that on the bill being first presented to him he had
pronounced it a forgery, that was but the natural influence
which he would draw, as he had never to his knowledge put
his name to such a bill. However that evidence might satisfy
the minds of the jury, he was aware that it would, legally
speaking, require two witnesses to contradict the defendant
before a conviction could take place. That he would endea-
vour to supply, by a conversation and by a correspondence be-
tween Grierson and the defendant, at the time of the bill be-
coming due, and in which not the slightest allusion to this bill
was made. It would be for his Lordship to say
whether that evidence would be sufficient to supply
the place of a second witness. He did not conceal
from himself that this was a defect in his case, but it would be
for the Court to decide upon that point. He was satisfied
that he fully represented his hon. client's feelings when he
said, that if the result of the trial should prove that Mr.
Wigley was innocent, and that O'Gorman Mahon was placed
in the same position in which he stood when his connexion
with these parties first commenced, no person would rejoice
more than O'Gorman Mahon to find Mr. Wigley unstained,
and himself unwronged. • _ . . _

Mr. Justice COIIRIDGE observed, that if his opinion was
now to be taken (the Attorney-General assented) he thought
that such evidence would not be sufficient to make out a case.
Whc,re there was only one witness there must be strong confirma-
tive circumstantial evidence in support of it, and that was clearly
not the case in the present instance. Lord Tenterden had
even gone so far as to say that nothing short of two witnesses
would suffice to sustaia such an indictment, but giving the
case the fullest latitude, there was nothing which would autho-
rize him to send it to the jury.

The Jury, under his Lordship's 'direction, immediately re-
turned a verdict of acquittal.
Shortly after the case had terminated, O'Gorman Mahon,
who had been sitting behind his counsel during the proceed-
ings, and who had just left the Court, returned and addressed
Mr. Justice Coleridge, and complained that he had been ar-
rested, as he was leaving tho Court, at the suit of Wigley (as
we understood him) for a sum of 30,0001. This money he had
previously paid into Court, knowing that such a proceeding
was meditated on the part of the gang.
Mr. PLATT—These are very hard words, my Lord.
O'Gorman Mahon—l can apply no other terms to such a set
of fellows.

Mr. Justice COLERIDGE requested that O'Gorman Mahon
would not again repeat such expressions in presence of the
Court, and informed him that he had its protection to depart
without molestation.
O'Gorman Mahon then bowed and retired.
ASSAULT BY MR. O'GORMAN MAHON UPON AN ATTORNEY.

A few minutes after O'Gorman Mahon had left the Court,
that gentleman returned in custody of two policemen, and the
Court was immediately crowded with persons who had wit-
nessed the affray that had taken place outside.

Mr. PLATT said—My Lord, you have but just granted your
protection to Mr. O'Gorman Mahon, and I have now to pre-
sent to you my client Mr. Wigley, with the bones of his
face broken by that gentleman. I ask your Lordship,
is such conduct to be endured in a British Court of Justice?
The ATTORNEY GENERAL said he was instructed that the
assault had been committed in the first instance by Mr. Wig-
ley, and what the other had done was in consequence of that
assault. The matter was one which could not be inquired into
by the Court, further than it would be necessary to vindicate
its dignity from the contempt which had been shown.
Mr. PLATT contended that the Court had a right to examine
witnesses, and inquire into all the circumstances. The Learned
Counsel observed that such was the course pursued by Mr.
Justice Littledale on a similar occasion. He now required
that O'Gorman Mahon be committed for assaulting a gentle-
man within the precincts of that Court.
O'GoRMAN MAHON said that just as he had got outside the
Court, Mr. Wigley, whom, on his honour as a gentleman, he
never saw before, although he had been some time his prose-
cutor, came upon his left side, and said that he was a greater
scoundrel than any of the party. He had attacked and insulted
him in that gross manner, and, added Mr. O'Gorman Mahon,
"my manhood rose, and I knocked the down." I con.
fess that I have done so, and if your Lordship thinks proper to
punish me, I shall submit to it.
Mr. PLATT again entreated of his Lordship to hear the
evidence of the persons present.
Mr. Justice COLERIDGE retired for a few minutes, and on
his return the following witnesses were examined :
George Samuel Ford--I know both the parties. I was
subptenaed here by O'Gorman Mahon, but could not get into
the Court, and was standing in the passage. When the rush
to the door took place I heard some words between O'Gorman
Mahon and Mr. Wigley. I saw Mr. Wigley struck on the
face and head. Wigley endeavoured to retreat from O'Gor-
man Mahon, down the passage, but the plaintiff followed him,
striking him until he came to the end of the passage. I should
say seven or eight times in all ; a policeman then interfered,
and put an end to the assault. I certainly did not see Wigley
strike, either before he was struck, or during the time 0•Go:_
man Mahon was beating him. I did not see Wiglev push
against the other.
On his cross-examination by O'Gorman Mah
Win
stated that he could not see what occurred ' the witness
1-•
.etween the parties
until they had got into the passage.
Policeman A 105 saw the °' ....rtes leaving the Court, and
went round another waythepassage; heard the words,
" You are a villain"--,q you are a scoundrel"—." you are the
biggest or t;;;::-r.7.-est scoundrel ;" but does not know by whom
th:i were first used. Mahon and Wigley were talking to-
gether. Wigley went down the passage, the other followed
him, and struck him several blows on the face ; did not see
Wigley strike the other.
By O'Gorman Mahon—From the position in which he was,
witness could not see what occurred in the recess before they
got into the passage.
Mr. PLATT said the medical gentleman, Mr. M'Cann of
Parliament-street, by whom Mr. Wigley's wound had been
examined, was in attendance.

The COURT said that evidence was unnecessary.
For the def gice.—Acton Swenar deposed that he was just
behind Mr. O'Gorman Mahon when he was leaving the Court,
and heard Wigley say to him, "you are the greatest scoundrel
or the party." Did not hear Mr. O'Gorman Mahon say any
thing. The assault was then committed.
John Roland Ottiwell, an Irish barrister, was leaving the
Court in company with O'Gorman Mahon, and detailed the
circumstances connected with the arrest, which he stated was
done in the most insulting manner, for the purpose of provok-
ing Mr. O'Gorman Mahon. When O'Gorman was going out
the second time, it struck witness that a plan was laid to pro-
voke him. Mr. Wigley followed so closely that he rushed
past 0 Gorman Mahon, and most unquestionably thereby, in
his (witness's) opinion, committed an assault.—(Laughter.)
He jostled against Mahon, and then said, " you are the greatest
scoundrel of the party." Witness then detailed the assault.
Mr. Justice COLRIDGF, observed that it appeared beyond
contradiction that Mr. Mahon had been guilty of a gross con-
tempt of Court by a very outrageous assault within its pre-
cincts. Had it been proved that Mr. Wigley had assaulted him,
he would stand in the same predicament, but the evidence did
not warrant him in such a conclusion. It was extremely im-
proper in Mr. Wigley to make use of the language he had
done, but as lie had not done anything more, the Court could
not take further notice of it. He therefore adjudged that
O'Gorman Mahon should be committed for three days, and at
the end of that time he should be entitled to the same privi-
leges as when leaving the Court.
O'Gorman Mahon then retired in custody of the officers.
We understand that Mr. Wigley's jaw-bone, and the tem-
poral arch under the eye are both fractured, and that that gen-
tleman is in a very precarious state.

EXCHEQUER COURT.--(THIS DAY.)

CUTTELL V. EASTWOOD.

Mr. Sergeant MEREWETHER (with .WhOM was Mr. GOD-
sox) stated that this action was brought for the purpose of re-
covering a sum of 2501. upon a bill of exchange given in the
year 1825 for the settlement of an account which then stood
between the parties. The defendant had pleaded the Statute
of Limitation, but he would prove the payment of iutore“
upon the bill within six years of the time the fiction was com-
menced ; having done so, he trusted lie would have their verdict.
He called a Mr. Itloyd, who deposed that in the ru,.!..nth of
let 24, he called upon the defendant for payment of the
bill in question. He had often done so before, but
ie-
membered the particular date of the last t;--
very few days after he went to P-
because in a
Good Friday, which _ .once, and arrived there on
In hi. - _ in the first week in April.
' _ vrosS-examination by Mr. Sergeant BONIPAS, the
vvitnes said his name had been Lloyd for the last twelve or