The Sun.
London, England, 1832-12-07 00:00:00

DEPARTURES.

Colonel Ready, from the Royal Hotel, Jermyn.street, for
Chichester; Colonel Jordon, from ditto, for Paris; Mr. and
Mrs. Smith Barry and family, from the St. James's Hotel, Jer-
myn-street, for the Continent; Mr. and Mrs. Harvey, from
Brook.street, for Bath ; Captain T. Holland, from Raggett's
Hotel, Dover-street, for Brighton; P. 111`Carthy, Esq., from
ditto, for Ireland ; Mr. and Mrs. Meyer, from Dover-street, for
their seat in Norfolk; Joseph Neeld, Esq., from Coulson's
Hotel, Lower Brook-street, for his seat, Chippenham, Wilts;
the Duke of Portland and family, for Brighton, on a visit to
their Majesties; the Earl of Liverpool, for Cheltenham; the
Duke of Norfolk, for Arundel ; Edward Blount, Esq., for ditto ;
the Earl of Mountnorris, for Bath ; Lord Cluncurry, for Ire-
land ; the Earl and Countess of Shrewsbury, for Brighton, on a
visit to their Majesties.

SPORTING INTELLIGENCE.

TATTERSALL'S.

Betting, generally dull enough at this season, is rendered still
more so at present by the absence in the country of many noble.
men and gentlemen on electioneering affairs. Business, there.
fore, was unusually slack yesterday, and was confined to the fol.
lowing offers :

DERBY, 1833.
8 to 1 agst Mr. Ridsdale's Glaucus
9 to 1 agst Mr. Rawlinson's Revenge
11 to 1 agst Mr. Hunter's Forester
15 to 1 agst Lord Cleveland's Muley colt
20 to 1 agst Colonel Cosby's Bravo
25 to 1 agst Duke of Grafton's Divan
No others mentioned.
OAKS.
Offers to take 20 to 1 about Mr. Gratwick's Sister to Frederick

THE MARKETS.-(THIS DAY.)

CORN EXCHANGE.

There are tolerably good arrivals of most kinds of Grain thi
week, and a fair return of Flour. The Wheat trade continue
dull, and Monday's terms are not supported. Barley also
heavy, and rather lower. Beans and Pease are dull at the term
last quoted. There is a slack sale for Oats this week, at the
same terms as on Monday. Flour continues in doubt as to its
top price.

ARRIVALS.
Wheat. Barley. Oats. I Flour.
English 5,150 qrs. 10,630 qrs. 4,420 qrs. I s,32osacks
Irish 605 - 11,510 I -
Foreign 700 - - I - brls.

COURT OF CHANCERY.-(THIS DAY.

The LORI) CHANCELLOR sat at eleven o'clock. Several
of the appeals in the paper were ordered to stand over tit
after the barristers, row out of town, shall have returned.
His Lordship expressed surprise that Lis directions of
yesterday should not have been attended to, that notice
be given to all the solicitors, in the appeals in
the paper, to be in attendance at the sitting
of the Court this morning, that, if possible, an arrange.
ment might be m ide to have some cases heard. This
notice his Lordship now requested to be posted in
the Registrar's office, and also hoped gentlemen present
would circulate it through the means in their power,
namely, that if there be any cases in the paper, however
low down, which both parties will consent to have heard,
the Court will be perfectly ready to hear them. Com-
munications of such cases are to be sent to the Secretary
to-day, to-morrow, or on Monday, as his Lordship will sit
every hour during which he can be useful.

KING'S BENCH.-(THIS DAY.)

ANDERTON V. LORD FOLEY.

This was an action brought by the plaintiff, Mr. Free-
man Anderton, as endorser, against the noble defendant,
as acceptor, of a bill of exchange for 1,000/., drawn by a
person named Alves. The defence was usury.
Mr. AD.:menus and Mr. PLATT appeared for the
plaintiff, and Mr. RICHARDS and Mr. STEER for the
defendant.
The hand-writing of the drawer and acceptor having
been proved,
Charles Cox was called to prove the consideration given
by the plaintiff for the bill. He stated that he was a
picture-dealer in Piccadilly. It was a Mr. George Pen-
nell's business, but his name was over the door, as he
transacted the business for Mr. Pennell. Wh,-n
persons called to subpoena Mr. Pennell, the witness,
by his desire, declined to tell where he was to be found,
but last term he told Mr. Gibbs where he was. On
the 2.1 of May, Mr. Pennell received five bills of
1,0004 each, and four of 250/. each, all drawn by Alves,
and accepted by Lord Foley, from Mr. James. Archdea-
con Richardson got the plaintiff to discount the five 1,000/.
bills. The plaintiff gave him 2,0001. in cash, and five
pictures, valued at 3,0001., for the bills. The present
bill was one of them.

Cross-examined—Mr. Pennell was a bankrupt about
five or six years ago. Mr. Richardson lived at Brixton.
Witness never heard any conversation as to how the bills
were got from Lord Foley. The pictures were the " Holy
Family," the " A,sumption," and three landscapes.
Witness received the 2,0001. from the plaintiff's bankers.
The plaintiff said that he had given a great deal more
money for the pictures than he had charged Mr. Pennell.
The " Holy Family " was said to have been one of Ra-
phael's, and if it had it would have been worth two or
three thousand guineas, but witness believed it was not

Raphael's. All the pictures bad since been sold by " dis-
counts," which were not yet paid. The "Holy Family"
was sold in that way for about 4001. The five pictures
would have fetched, in good times, 6001. or 7001. Wit-
ness was a picture-dealer, but could not tell their valise.
The intrinsic value of the " Holy Family " was about
100/.

Mr. RICHARDS, addressing the Jury for the defence, said
the Jury must have perceived from the evidence of Cox

that the transaction was one of no ordinary character.
Bills to the amount of 6,0001. appeared to have been got
from Lord Foley, and passed from band to hand without
having one intermediate endorsement upon them, and now
separate actions were brought, the present upon one bill
for 1,000, and the next case on the list for trial was be-
tween the same parties upon a second 1,0001. bill. The
circumstances of the case were these. The Learned
Counsel then detailed the circumstance he had to offer, as
would be proved by evidence, and be proceeded to call
his witnesses.

John Alves, whose appearance was that of a youth about
18 years old, stated that in the early part of 1831, he
called on Lord Foley for the purpose of offering to raise
money for his Lordship. He received from his Lordship
the five bills for 1,0001. each, upon which he advanced on
the instant 5001. A few days afterwards he received foul
other bills of 250/. each, upon which he advanced 300!.,
making an advance of 8001. upon 6,000/. bills.
The witness here stated, that as be was a party to tte
bills (being the drawer of all of them) he thought he was
entitled to a release before he gave his evidence.
The COUNSEL were not willing to release him, and
suggested that he was a competent witness without a re-
lease.

The witness strongly urged that be was liable to be
sued upon them.
His LORDSHIP declined to interfere in the matter, but
merely said, as it was possible something like a conspiracy
might come out, the witness was not bound to answer any
question that might implic:ite him criminally.
The witness then proceeded. He afterwards gave the
bills to Mr. Richardson, of whom he knew very little,
except that he was in the habit of discounting bills.
Upon bearing, a short time after, that Lord Foley
had been attempting to get back the bills, he called
upon his Lordship to ask if he was prepared to
return the 800/. ; his Lordship said that he was
not. Witness afterwards went with Mr. Richardson

to Mr. Pennell, and the latter gave him for the bil's
1,0001. in money, but deducted a debt witness owed him
of 1001., and either 501. or 75/. which the witness Cox
received for commission. Witness got either 8251. or
8501. in cash ; the rest of the amount, viz., 5,0001., wit-
ness received in pictures which had been since disposed of,
but he could not tell for what amount. The 8001.
and odd was paid him by Richardson. Witness was
ignorant of the value of pictures.
Mr. ADOLPHUS observed that all the witness's questions
savoured strongly of a conspiracy, and he put it to his
Lordship whether the witness should be allowed to conti-
nue his evidence.

Lord CHIEF JUSTICE-I cannot help it ; I gave him
what caution was necessary.
The witness was cross-examined by Mr. ADOLPH US
—Was now about 24 years old ; these transactions were
in 1831. When he called on Lord Foley first, it was be-
cause he had two bills drawn by Lord Glengall, which he
wished to speak to Lord Foley about. Witness was at
present a prisoner in the King's Bench for not putting
in his answer to a bill filed in the Exchequer, by
Lord Foley against himself and others, respecting
the bills in question. Witness could not tell whether Lnrd
Foley lived in a ready furnished house, or whether he had
sold all his estates. Witness, from beginning to end, knew
nothing of the plaintiff.
By the Jury—The 8001. which he paid Lord Foley,
he had by him, having accumulated it from " various
transactions in which he bad been concerned."

The plaintiff's answer to the bill, filed by Lord Foley,
was put in and read. It stated that he, the plaintiff, gave
Richardson 2,000/. in cash, and pictures worth 3,000/. for
the bills.

Mr. ADOLPHUS replied for the plaintiff.
His LORDSHIP, in summing up, said if the Jury be-
lieved that the plaintiff had given value for the bills, and
that he had not received notice of the original fraud, he
was entitled to recover ; but if they believed the transac-
tion between the plaintiff and Pennell was usurious, and
that the pictures were really not worth 3,0001., they
would find for the defendant.

The Jury having retired for some time came into Court,
and returned a verdict for the defendant, on the ground
that the consideration between the plaintiff and Penne I
was usurious.

COCHRANE F. THE EARL OF DUNDONALD.

This was an action brought by the plaintiff (Mr.
Cochrane) against his Noble relative the Earl of Dun-
Dundonald (late Lord Cochrane) to recover a compensa-
tion for five years' services as his private secretary during
the period that his Lordship was in the service of the
Brazilian, and subsequently of the Greek Governments.
Mr. KELLY addressed the Jury at great length for the
plaintiff. His client, who was the so❑ of Mr. Brasil
Cochrane, the uncle of the Noble defendant, was born in
India, from whence he came to England to study for the
bar. About that period (1823) the defendant, then Lord
Cochrane, accepted an offer from the Emperor of Bazil to
command the Brazilian squadron, and deeming it necessary
to have some perso❑ about him in whom he could pace
the most implicit confidence he took the plaintiff with him
as his private secretary. In that capacity he displayed
the utmost zeal and fidelity, and rendered the Noble
defendant the most important services, not only by his
advice but by his exertions. The Noble Earl, while in
Brazil, received not only high honours, being created
Alarquis of Maranham, but also amassed a large sum of
:nosey-20,0001. of which he sent to England. He also
traded in cotton, in which trade also the plaintiff
rendered great services having been despatched to Eng-
land, and arranged all the transactions. The Learned
Counsel went through a great many details of the difficul-
ties and dangers to which the defendant was exposed in
Brazil, and also subsequently in Greece, as Admiral of the
Greek fleet, all of which the plaintiff shared, and in which
he rendered the defendant the most signal service, as ap-
peared by letters he had received from the defendant.
On the defendant's retiring to private life in the year
1828, however, he refused to give the plaintiff any corn-
pensation for having devoted five of the most valuable years
of his life to hie services, and at last was obliged to bring