The Sun.
London, England, 1835-06-25 00:00:00

lIOUBE OF LORDS-(THIS DAY.)

LOND('N,
THURSDAY EVENING, JUNE 25, 1835.

An animated discussion took place last night in the
House of Commons, on the subject of Lord MA uroN's
motion for " a copy of the Order in Council by which
the Foreign Enlistment Act was suspended in favour of
the .Spanish Government." The Noble Lord, on
bringing forward this motion,;took the opportunity
afforded him by it, to condemn the principle of tin
expedition now about to set sail for the Spanish coast,
under the command of Colonel EVANS. He depre
cated it as an unnecessary and injudicious act of in-
terference, wh,lisr at variance with precedent ; either
forgetting, or not caring to remember, that an inter-
ference of a far more active, direct, and extensive na-
ture took place, on the part of England, during the
regime of high Toryism, when NAPOLEON returned
to Paris from Elba. Then, though our aid so far

from being called fur, was actually repudiated by
France, who unanimously recognized in the EMPE-
fenit her restored, legitimate Sovereign, so few scru-
ples had we on the subject of non-intervention, that
we not only interfered ourselves, but we also induced
all Europe to interfere—and this, not, as in the pre-
sent instance, on behalf of a dynasty of the people's
choice, but of one whose claims had no other support
than what it derived from foreign bayonets ! Our
interference in 1814 was for the sole purpose of gua-
ranteeing the right divine of Kings to govern
wrong" in France. Our interference in 1835 is to
establish Spanish liberty on 'a just, Constitutional
basis. In the former instance, we interfered to op-
press ; in the present, to befriend. Then, on true
Tory principles, we advocated the rights of a desmot.
Nosy, on true Liberal principles, we oppose them.

This it is which makes Lord :CIA iroN so hostile to
the expedition of Colonel EVANS. It is a direct sar-
casm on all former instances of Tory intervention.
Were it sent out for the purpose of supporting
Don CARLOS, not a word should we hear against
it from the Conservatives ; but as its object is
to put down thiS last hope of the Holy Alliance,
of course it is everything that is unsightly and
obnoxious in their eyes. Yet who, that is not
blinded by party prejudice, can recognize in it any other
than a mission of mercy ? The end proposed to be at-
tained by it, is such as all humane men must
combine in approving. It is to put a stop to the
frightful massacres now twine, perpetrated in so many
parts of Spain ; and bestow on a demoralized country,
whose commercial resources are declining, whose
every limb and nerve are paralyzed—the blessings of
peace; and, consequently, of prosperity. Without
some such interference on our part—for France is too
much engrossed with her own domestic embarrass-
ments, to be able to relieve those of the Peninsula—
Spain, it is clear, must still continue to be harassed
by a teazing, protracted warfare, which, notwithstand-
ing its duration, has scarcely yet produced one decisive
result. Besides, just and even conciliatory as is our
proposed intervention, it has not been volunteered by us.
We have not officiously intruded our offers of help on
the Spanish Cabinet. Fax.,otherwise. It has been
formally requested of us, by our ally the Constitu-
tional QUEEN of that country ; and under such
imperative circumstances, as scarcely leave us the
option of refusal.
.But Lord Miaitos can see no ur-
gency in the case I We never supposed he could.
When did a Conservative ever yet see the pressing ne-
cessity of assisting the cause of Constitutional Liberty?
His Lordship further objected to the expedi-
tion, that it would most probably be defeated, and
therefore would be a blot on the national honor. Of
the un-English spirit implied in this eager, sneering
anticipation of dishonor to the British arms, we shall
take no further notice than that if it had influenced
the majority of the House of Commons when the
Duke of WELLINGTON first set out for the Peninsula
in 1809, he would never have had an opportunity of
achieving those victories which have made him im-
mortal. Far greater was his probability of being de-
feated then, than is likely to be the case with Colonel
EVANS now; but no such unworthy anticipations
were indulged in in those days ; it was reserved
for the present, to see a Statesman rise in the
British Parliament, and deliberately endeavour to de.
preciate British heroism, by hinting that it was such as
could not command victory, but must, on the con-
trary, ensure defeat. However strongly the Whigs
may have opposed the war against NAPOLEON, they
never, like Lord MAHON, grounded it on the infe-
riority of our national skill and valour. His Lordship
stands alone in the adoption of an argument like tl2is.
Sir ROBSRT PEEL'S objections were of a wholly
different order. He was struck with a fine moral
dismay, at the thoughts
,of the horrid acts of iniquity
that would be perpetrated, on the return of the dis-
banded troops to England. He anticipated all 'sorts
of calimities from a set of men, whose sense of mo-
rality. could not but be grievously vitiated by their
acquaintance with the habits of another country.
He seemed to think—so ran his line of argument—
that to let loose such unquestionable profligates on
society, would be t) !_q-eak all the 'sacred links that
bind it together. Before they went abroad, they might
possioly have been virtuomi ; but it was wholly our of
the question- that they could cone back immaculate.
He would, therefore. oppose an expedition, whose
only result would be to bring a blush over
the face of the national irnoc.:9lce. The Right
liouourlible Baronet ne‘;cl not be very nice on

this score. All the mischiefithat can be done to Eng-
lish morals by acquaintance with foreign customs has
been done already. We have very few continental
vices yet to become acquainted with ; and these few
are far less likely to be imported by a small band of
gallant men, who go out to fight in the cause of justice
and freedom, than by those thousands of fashionable
loungers who annually wing their way to the soft, vo-
luptuous regions of Italy. Sir ROBERT'S objection
is as consummate a specimen of cant, direct and un-
equivocal, as was ever yet twanged through the nose
by a POULTER or an AGNEW

During the progress of the debate some slight spar-
ring took place between Lord MAHON and Colonel
EVANS, which, however, was amicably terminated by
Sir H. HA RDINGE, who came forward in the novel
character of a peace-maker. Considering that this was
his first attempt of the sort in public, the Right Hon.
Baronet acquitted himself with much dexterity. In-
deed, a more successful debut we have not lately wit-
nessed. It was hailed with infinite applause, and we
hope will be often repeated.

We direct our readers' particular attention to the
exposure that was made last night in the House of
Commons, of the abuses in the proceeds of, the Berk-
hampstead Grammar School. This institution, it
seems, . was founded for the purpose of educa-
ting usefully one hundred and forty-four children ;
yet for the last twenty-one years, not one boy
had received his education there. Nevertheless,
the master still continued to draw his income of nearly
1,0001. per annum ; as also did an absentie -usher,
who, in order that he might be better qualified to
teach at Berkhampstead, had resided for upwards of
twenty years at Cheltenham ! In addition to
this monstrous school sinecure, the . master (the
Rev. Mr. DUPREE) held the living of Willoughby,.
in Lincolnshire, and had actually received a, licence
from his Bishop, discharging him from the perform-
ance of the duties of his living, for the express purpose
of enabling him to perform those of school-master! Well
Mr. GOULEURN express his regret that " there
should be a person in the station •of a Minister acting in
the manner that had been stated." We never heard of a
ease of more flagrant clerical rapacity. It demands
the promptest—the most searching—the most ma-
sparing and pitiless investigation. There_. are no
delicate sensibilities to be wounded by inquiry.

The Corporation Reform Bill made very Tlittle pro-
gress last night, as the House did not go into Corn-
mit!ee until after a long debate on the late Order in
Council, permitting British subjects to enter the ser-
vice of the Qucen of SPAIN.

On the Speaker's leavirq-: the chair, Lora .1.611 N
RUSSELL proposed two amendments on the 10th clause.
This clause, it will be remembered, preserves to the
existing freemen all the rights of property to whieli
they are at present entitled, and provides that %%lien,
according to the present system, they WOl:id
have ceased to derive benefit from Corporation pro-
perty, the share of that property enjoyed by each sleet'
revert to the general fund, and be applicable to
general purposes of the borough. The first anic.e.:-
merit proposed by the Noble Lord was merely ;
the second was that apprentices should be permitted to
enjoy all the rights reserved by Pais clause, When
these amendments had been agreed to, Mr. Rorir.-..\'-
SON (the Member for Worcester, we believe) moved
another amendment, which had for its object to in-
clude in the privileged class all the sons of freemen
now born who are entitled to their personal' freedom.
On this point a pretty .long debate ensued, soree
Honourable Members declaring that they could
see no difference between the claims of apprenticbs,
and those of the freemen's children ; white others in-
sisted that the claim arising out of the mere neeitlent of
having been born in a certain place, was not to
mentioned in the same day with that for which a in;an
had given an equivalent in hard cash, and laborious--
service. This latter view seems to us the just and tee:
common-sense view of the case. We must alsvav
bear in mind that there is afiaze in the original tire.
The rights and privileges in question have been granted
by those who had no competent authority to do so.
The commonalty, or general body of the people dwell-
ing in corporate towns, were, the parties for whose
benefit the exclusive privileges were granted—exclu
sive not as regards -any portion of the inhabitants,
but with respect to those who lived elsewhere—and
they have been deprived of this benefit by usurpation.
This is acknowledged by all—even Sir ROBEkIT:
PEEL admitted it last night. It is also agreed,
or pretended to be agreed on all hands, that the
rights thus usurped ought to be restored. The
question is, how is this to be done in an _ equi-
table manner ? May it not be said that the in-
habitants of boroughs have suffered long enough the'_
deprivation of their acknowledged rights, and that those
who have enjoyed benefits never intended for them,
ought to be content with what they have already had
This we think would be an answer at least to the claim
ants by birth. Their parents, it may .be, paid for thbir
freedom, but they have had value. The present ap-
prentices have also given a valuable consideration
for their freedom, without being parties to the
vice inherent in the contract. Let them also.
enjoy the benefits which:they thought they were pur-,
chasing, but let the thing stop here. The Committee
came to no decision upon the point, it being left for
Lord JOHN RUSSELL'S consideration till to-night,
whether he would himself propose an amendment,
giving effect to all inchoate rights. We hope and
trust the Government will not yield the point.

Advices from Constantinople to the 4th instant have
been received. They refer principally to the move-
ments of Russia, which threaten the tranquillity, if
not the further dismemberment, of the Ottoman Empire.
The Russian fleet at Sebastopol is fitted out for :,ea,
and troops, to the number of 50,000 men, arc about to
embark on an expedition, which undoubtedly has far
its object an attack upon some part of the SULTAN'S
dominions.

We have received the whole of the Paris Papers of
Tuesday, together with private intelligence from Bay-
onne to the 20th inst. The report of ZUMALACAIi-
REGUI'S being wounded in the thigh before Bilboa is
confirmed, as well as the statement that the command
of the Carlists was, ad interim, entrusted 'td-General
GRASO. The Carlist Chief was carried to Durango,
where he underwent an amputation of the thigh. It
is further stated, that the approach of VALDEz on the
18th, compelled the Carlists to raise the siege of Bil-
boa ; but this last report we do not credit, as the cor-
respondents of two Morning Journals, writing from
Bayonne, assert that on 'the evening of the 18th the
siege still continued. The garrison were in excellent
spirits, and had displayed uncommon energy in oppos-
ing the assaults of the Carlists. Several of the Urbanos
had performed feats of valour worthy of the most chi-
valrous era in the history of the Spanish nation.
When the express left Paris, a courier had arrived
from Madrid, bearing despatches from the Spanish to
the French GoveiTtnent, to the 19th instant. Their
contents had then not transpired, but it was generally
believed that they were important, as immediately
after the arrival of the courier, a Council of Ministers
was held at the Foreign Office, from whence the.
Members proceeded in a body to the Thuilleries. We
understand from an authentic source that the subject
of the dispatches received in Paris from the Spanish
Government, relates to the question of -intervention,
which TonENo again presses on the consideration of
King Louis Plitt.LipPE. We presume to think that
the Spanish Minister has written to shew that the
crisis in the affairs of Spain, which in the opinion of
the King of the FRENC if, WIMI4 alou
.intify, inter-
vention, has arrived , and that it now reautins for

France to redeem her pledges. It appeals inorcock.r
that Spain is determined to refuse any left-handed
intervention on the part of France, and that unless
France co-operates with the QUEEN'S Government as
a nation, all covert assistance will be refused. Of
this a remarkable instance is given by a Morning
Contemporary; which states, that on the offer being
made by, the Foreign Ministers of France to the Duke
de FRIAS, Spanish Ambassador at Paris, of permis-
sion to raise an auxiliary force for the service of the
Queen of SPAIN, his Excellency answered that he
could not undertake to avail_ himself of it, as General
ALAVA had done, when a similar permission was of-
fered by the British Government. The Spanish au-
thorities justly dread' the appearance of a French
auxiliary force in Spain, unless under the direct con-
trol of the French Government.

FRENCH FUNDS —PARIS, Juxu 23.
Five per Cents., 1081.30 c 45c. 35c.
Four per Cents., CSI. 35c.
Three per Cents., 78f. 40c. 55c. 50c.
Bank Actions, —c.
Ilente de Naples, 95f. 40c. 451.40 c.
Roman Five per Cents., 10034 100.
Bente d'Espagne, Five per Cents., 36 36.‘i 56 135 M.
Bente d'Espagne, Three per Cents., 28 27%.
Royal Spanish Loan, 45k.
HentePerpet. d'Espagne, Five per Cent., 413¢14 41 40%!4.
Belgian Loan, Five per Cents., 101.
Portuguese Loan, Five per Cents., 86% 87.
Haytian Loan, 400£
EXCHANGE ON LONDON.
One month, paper, —c. ; money, 25f. 42;4 c.
Three months, paper, 251.3254 c. ; money, 25r. 50c.
-. c sst-s Authentique.

Brussels Papers to the 24th inst. have been re-
ceived. The Courrier • Beige says, that according to
the reports in circulation on the indirect intervention
of Belgium in the- affairs of Spain, the foreign batta-
lion, now in garrison at Ypres, and having its depot at
Anderiarde, the battalion of partisans, and the men
belonging, to the Belgian Legion, which has returned
from Portugal, will form the nucleus of the new Bel-
gian Legion destined for Spain, and which will be
completed by enrolling foreigners in the service of the
arniy. The legion to be commanded by General
DAINE, with Brigadier-Generals LECHARLIER and
NIELLON under him. Brigadier-General CHATRY DE
LA FOSSE to command -the cavalry, and Majors
KISSELT and DANDELIN the artillery. The legion
will consist at first of 6,000 men, which .number will
be raised to 25,000 It is said that Generals DON
JUAN VAN HALEN, MILLINET, and LEHARDY DE
BEAULIEU, have declined a command in that legion.
In case the levy of recruits in Belgium should not
take place, the.. talian and Polish refugees have re-
solved to join together, to go as volunteers to combat
in Spain with the English corps which is raising for
Queen ISABELLA 11. They have even written to
Colonel EVANS, informing him of their intention to ob-
tain a passage in the ships intended for the expedition.

BELGIAN FUNDS, BRUSSELS,
Ju 11.1,
Actual Dobt, 23 per ('eat ... . , 543 i
Rothschild's Loan, 5 per Cent.
Loan of City, 1812. 4 per Cent 99%
Society of Commerce, 4, per Cent llB
Bank of Belgium, 5 per Cent ll3
—Brussels Papers, June 24. .

German Journals of various dates have been re-
ceived. Advices from the lonian Islands inform us
that General Sir HOWARD DOUGLAS, who was ap-
pointed, under the Peel Administration, Lord 'High
Commissioner of these Islands, and whose appointment
was at first cancelled on the accession of the Whims to
office, received, unexpectedly, on the 2311 of May, a
confirmation of his first appointment.
The German Sovereigns have, in consequence of
the friendly Note addressed to them, on the 18th ult.,
by the Government of the Canton of Berne, given
orders to their respective Ambassadors to return to tb.e
capital of the Canton, and to lose no opportunity of
proving to the Confederated States that they no longer
entertain feelings- hostile to the interests of the Re-
public. We rejoice at this amicable termination of an
affair which at ons time wore a dangerous aspect. Ny,v
that it is all over, we must do Austria the justice to
acknowledge, that the temperate conduct of her Sove-
reign augurs well for the future prosperity of her
people. Had FERDINAND followed the counsels of
METTERNicH, Switzerland would ere this have been
the seat of war ; but so .far was • he from hearkening
with pleasure to the cold, -sanguinary policy of the
celebrated diplomatist, that he positively refused to
saction even - the 'restrictive measures adopted by the:
Grand Duke of BADEN, for checking the commerce
of the H-elvetian States.

Rumours have
.reached Vienna of a sanguinary in-
surrection in Bosnia. The insurgents had defeated
the Pacha of Saragevo, who had marched against them
at the head of a large body of troops. Further accounts
were expected, but they had not reached Vienna before
the departure of the mails.
VIENNA, JUNE 15.---3 per Cents., 101-; 4 per Cents.,
98; Bank Shares, 1,338.—A/igen:eine Zeitung, June 20.
Durcii FUNDS—AMSTEaDAM, JILSI3
Money. Bills.
Actual Debt, 214 per Cent. 55 5514
Abort Syndic, .144 per cent. 914 9414
Ditto, ditto, 214 per cent. 79 79.4
Loan (18,".0) 5 percent.
Ditto (k. 3-2 and 1833) 5 per cent.
Commercial Company, 4 per c..nt 107% 1,8
New ditto
• Exchange on London, One month l2 17%.
Two months

Mexican papers to the 13th of April have been re-
ceived. The Correio contains announcements of the
following official appointments :
" Senhor Don Antonio Joaquin de Moura, to be President
of the Province of Alagoas—(it seems that he was previ-
ously appointed to Grand Para) on account of his great ser-
vices, his patriotism, and attachment to the sacred cause of the
Empire ; Senhor Francisco de Paula Cavalcanti de Albu-
querque, to be President of the Province of Pernambuco ;
Senhor Manoel Jorge Rodrigues, to be President of the Pro-
vince of Grand Para. The 7th of April, being the fourth
anniversary of the accession of His Imperial Majesty Don
Pedro H, was observed with the usual festivities and rejoicing."

The Earl of *SHAFTISBURY, Lord. LYNDHURST, and Lord
BROUGHAM sat in the House of Lords to hear the further ar-
guments on the appeal of Small v. Attwood. Mr. WAKE-
FIELD resumed his address, which he is not expected to con-
clude to-day.

CHANCERY COURT.-(THIS DAY.)

The Lords Commissioners of the Great Seal sat to-day in
Lincoln's Inn Hall.

Mr. TEMPLE resumed his arguments in the part-heard case
of Chambers' Bankruptcy, which is a petition of Mr. Chaip-
hers and his son, praying for the superseding of the Corn-
mission issued against them in 1824. The Learned Coun4el
had not concluded when we left.

At the sitting of the Court Mr. Basil Montagu, the eminent
bankrupt Counsel, wits called within the Bar, having been ap-
pointed one of his Majesty's Counsel.

KING'S BENCH.-(THIS DAY.)

There were two Special Jury cases fixed for trial this day
—Meyer v. Jadis, and Steen v. Curre, Esq. In the first
only five Special Jurymen answered, and plaintiff's Counsel
refused to pray a tales. In the second case Sir William
Follett, for the plaintiff, said .he was not quite prepared, as
the case had come on sooner than he had expected. De-
fendant's Counsel would not , consent to any postponement,
and the record was withdrawn. ,
The COURT rose at teir o'clock. ,

COMMON PLEAS.--(THIS DAY.)

CON.-BIRCH V. NRELB.

Mr. BROWNE opened the proceedings in this case, which
was an action brought by the Rev. Mr: Birch against the Rev.
Mr. Neele, for criminal conversation with the plaintiff's .wife.
The defendant pleaded the general issue.
Mr. THESSIGER appeared for the plaintiff, and said that whe-
ther it regarded, the painful nature of this inquiry—the sacred
calling of both the partiei-L-the relation in which they stood
towards each other—thiedeep injury' which the plaintiff had re-
ceived, and the deliberate treachery of the defendant, he felt
almost inadequate to perform the duty he had undertaken. In
the performance of that duty he did not consider it necessary
to make those general observations whiCh would occur to all
minds in an investigation 'of this description. Unfortunately,
cases of this kind were of such frequent occurrence, that those
observations .could be almost anticipated. He considered it
sufficient to make a simple recital of the circumstances of the.
case, coupled with such observations as would naturally rise in
the course of the inquiry. The plaintiff was a clergyman, the
son of Alderman Birch, and was rector of the large parish of
Hackney, to which•living he had been presented in 1828. He
was of the age of 36. At the time 7he was presented to the
living, the rectory house was not ready for his reception. He re-
quested a person of influence to look out for some place where
he might reside tillthe rectory house was ready. Accordingly
the house of Mr. Lieshington, the keeper of a respectable
school, was chosen for the purpose. The family Consisted,
besides Mr. Lushington, of his wife and three daughters, one
of whom was the object of this enquiry. After some short
time that the plaintiff had lived in this family, he paid his ad-
dresses to one of the daughters, whose name was Mary Anne ;
and in the beginning-of the year 1829 he married her with the
approbation of both their families. She was then of the age
of -.18, and the plaintiff was about 28. He took her home,
and they lived together for five or six years in uninterrupted
happiness. The plaintiff was a kind and indulgent husband ;
the wife was. affectionate, and he believed it would not be pre-
tended on the other side that the slightest imputation attached
to the conduct of these parties up to the unfortunate moment
when the defendant made his appearance. Their union had
'been blessed with two children • one of them five, and the
other two years of age. In this manner they lived happy
in each other's society till the year 1833, when the de-
fendant having been requested in the latter part of the former
year to preach a charity sermon; and the plaintiff requiring
a curate to discharge the important duties of his large parish,
the defendant recommended himself as a powerful preacher,
and being introduced to the plaintiff by some friends, was ap-
pointed to be his curate. The defendant was a widower ; lse
was a man of the age of 34, and was the father of one child.
Introduced as he had been into the parish, of course a con-
siderable intimacy sprung up immediately between the parties,
and a short time after be had been appointed curate, he was
invited by the plaintiff to dinner, and it was observed that
during the greater part of the day, his eyes were rivetted on
Mrs. Birch, and his 'whole attention was directed to her;
and on coming away, he remarked to a gentleman who was
with hint, that " she was a pretty little woman." This
might appear trifling, but it• was important when they con-
sidered that it was evident that Mrs. Birch, almost from
the first anoment, made an impression upon the defen-
(l,int's heart. What ought to be the course he should
have pursued • under such circumstances ? Did
.not pru-
dence, if -not-- a. higher duty, require that -he ghoul'
fly? He • had the feelings of domestic happi-
ness, and the -pain of having it sacrificed. If he had been
capable of .a matrient's reflection, he Could have felt that how-
ever miserable that man might be, whose wife was torn away
by the hand of death, and embalmed in his tenderest recollec-
tions, that he was tenfold happier than the mail whose wife
was torn away by the ruthless hand of an adulterer, and whom
ho could only think of with shame and agony. But the de-
fendant cared not for this—he had his passion to gratify—he
was determined, therefore, to make his footing sure. He
continued to perform the sacred duties of curate—taking ad-
vantage of the opportunities it afforded of holding a constant
intercourse with Mrs. Birch. He dined with the plaintiff
every Sunday, and on those other days during the week on
which divine service was performed. He became in this man-
ner almost part of the family, and took advantage of the
confidence reposed in him to ruin the happiness of those
parties. The parties who first suspected that something like
an improper intimacy was growing, if not established,
were those who 'were naturally alive and inquisitive on these
occasions—the servants. They observed 'that the defendant
was constant in his visits at those times when the plaintiff was
absent ; their attention was awakened, and one little circum-
stance after another confirmed their suspicions. In June,
1833, the plaintiff went to St. Leonard's for a few days with
his wife, leaving his children and servants behind him. Here,
then, was an opportunity of beginning that deliberate plan of
treacherous seduction. During his absence the plaintiff re-
ceived a letter from the.defendant, informing hint that the
servants were afraid of remaining in the house without sonw
man to sleep there during his absence. The servants had
never expressed any such apprehension; and had manifested no
such desire. It was evident that this Was tit pave the way to
his own introduction on some future occasion, which he knew
would shortly occur, on which he might carry his plans into
execution. He was aware that the defendant must proceed
shortly to iambridge without his wife, and if" he could
lull suspicion by being, allowed to sleep in the house during
. the plaintiff's absence, he trusted that on that future occasion, 1
which was so soon to occur, he would be also admitted without
suspicion. Accordingly he slept in the house, during the ab-
sence of the plaintiff, for five or six nights : and his object
being thus accomplish. d, he wrote another letter, to say that
the servants, having got what they wished, did not require
any thing farther, and it would not be necessary to sleep in
the house any longer. This also was a mere pretence, but
the object was answered—he had got a footing in the house,
and this was the first step towards the accomplishment of his
purposes. The plaintiff returned from St. Leonard's, and on
the 25th of June he again set out for Cambridge. He in_
treated particular attention to this part of the case. It was
arranged that the defendiint should sleep, during the plaintiff's
absence, in his house;' and it might be remarked, on
the other side, that it was folly and recklessness to trust
the defendant in his house under such circumstances. But
why should the plaintiff suspect the defendant ? Why
should he suspect his wife ? Was there any thing to
raise his suspicion ? On the contrary, was there not
everything to satisfy 'him that the defendant might be safely
trusted, and that his wife might be confidently relied on ?
The plaintiff admitted that he had been foolish enough to
trust the defendant, to rely upon him with perfect confidence.
Let the other side make the most of that admission. The
plaintiff then left for Cambridge on the 25th of June. The
defendant drove him to meet the coach, and afterwards it was
arranged that he should take Mrs. Birch to St. Paul's, it being
the anniversary' of the Sons of the Clergy. • They did so, and
returned home and dined ; but before he proceeded to the
occurrences of the latter part of the day, he wished to call
attention to some little circumstances that occurred, which
helped to raise the suspicions of the servants, and make them
more watchful. They must . not expect direct occular proof
of the facts—it was not in the nature of things, it was only
from circumstances that they must infer a criminal conversa-
tion; and he trusted to be able to satisfy them that the connec-
tion of circumstances could not have existed without
adulterous connection. Mrs. Birch, .on the day the
plaintiff left home, had given directions to put clean
sheets upon the bed. The regular 'time for doing so
was not come, and the servant made some. observation ta.
this effect ; but Mrs. Birch said her husband did not like
clean sheets, or some such evasive answer, and the sheets
were accordingly put upon the bed ; and in the evening of
the day it was observed that in the folds of Mrs. Birch's
dressing-gown there was a bunch of lavender. She never
paid this attention to her husband. The parties, as he stated,
dined together, and Miss Lushington, the sister of Mrs. 8.,
came to the Rectory-house, and offered to sleep with
Birch. Of course this offer was declined, and the defendant
saw Miss Lushington home. On his return the family as-
sembled to perform a solemn duty, which he (Mr. Thessiger)
wished had been neglected—he meant 'family prayers. This
Clergyman, at the moment when he was about to consum-
mate his plan, and sow the seeds of misery in this family,
chose to insult his God with the pretended homage of an
adulterous heart. Before the servants retired, the defen-
dant told them not to be surprised if they should hear him
moving about, as he had his sermon to prepare. This
was on Tuesday, and the defendant, who was a very
powerful preacher, had very frequently boasted that he
never thought of his sermon till Friday or Saturday.
At twelve o'clock the defendant went to his room, and in the
course of the night one of the servants thought she heard the
defendant's door open. In the morning, when the servants
went to make Mrs. B.'a bed, there were evident marks of two I
..„
persona fraying slept. there;. 414 there viteN•otbar indication-
sexual intercourse between the par-
with which he would net disgust
three or four nights, and the ser-
vants- • • ..... santstied the ser-
ainsl to try air
the, plaintiff returned,
an experiment, in order to
tc..anit.dtioll at. btp
rits:ei h
continued
h h." .for
evening
ascertain aacleirly as possible what was going on. They
lighted a rtishlight,• went across 'the passage and found that
to watch the parties,
when the door of Mrs. B.'s d there
room opene was a complete

view of the per -were satisfied that this eit-
periment would succeed, and on going to the defendant's
roorn,they observed that the lock and hinges of the door had
been oiled, and one of them observed halls glass of oil. None
of them had oiled the door ; and the Jury must infer, to the
best of their judgments, who were the persons or person
who did it. At night the parties all retired to bed,
with the exception of the servants—they remained to
watch, and, after a little time, they heard the defendant's
room door , open„ and they heard the creaking of footsteps
across the passage ; it was dark ; they heard Mrs. B's. door
gradually open, and a light streamed from the door for
a moment, and was then intercepted by a person cross-
ing, and the door was 'shut. The 'servants?waited some
time, and then knocked at the door. Mrs. B. answered, and
let something drop. They then went to the defendant's doer,
and knocked loudly, lint no answer was returned. The ser-
vants then descended the stairs to get a light, when Mrs. B.
came out ; she spoke to one of them, and immediately they
heard the defendant's room door shut. They had neither
heard nor seen him crossing the passage, for Mrs. B. stood
on the landing place and was- speaking to them. Under
these circumstances it would be for the Jury, as reason-
able men to declare whether they had the slightest doubt
that an adulterous connection had taken place. It was not
from one solitary circumstance that this was to be inferred,
but from the whole taken together; and they must be satisfied
that these circumstances were utterly inconsistent with inno-
cence. But there was one other circumstance which would
rerhove any doubt if any could exist. Next morning the ser-
vants, in the presence of the defendant, charged him with
having been in Mrs. B.'s room. What would have been the
language of an innocent man ? Would he not have denied
it, and defied them, and would he not have informed the
plaintiff when he arrived of the calumny of the servants ?
But :the, answer of the defendant was, " Do not say a word
about it. If you do, Mrs. B. will be sent to her mother, the
children, will 'be sent to Alderman Birch, and I must quit
the country." Was this language consistent with innocence ?
The plaintiff came home 'on the following day, and the de-
fendant . left the,.rectory, and-did not appear there for several
days. He began to be -apprehensive, but after some little
time he resumed his visits again. The plaintiff was during this
time perfectly unsuspecting. Time ran on, and it appeared
that the defendant having probably gratified his passion, and
considering the affection of Mrs. Birch was no longer worth
having, he began to be more careless, and less frequent in his
attendance. And it was evident that her mind was affected
by his conduct, for in July, 1834, she meditated self-destruc-
tion. On the Bth of August, the defendant called at the Rec-
tory, and had an interview of half an hour's length with Mrs.
Birch, when he left her, and in the course of the same after-
noon, she left her home in a walking dress. It rained hard.
She was witheut an- umbrella ; anti- towards the evening she
attempted to destroy herself by throwing herself into the New
River. She was extricated ; and in incoherent language she
requested -that—not her husband, but—the defendant should
be sent for. Accordingly, a messenger haying been dispatched
for i i.i;,he arrived, and in the course of his observations, he
gave the plaintiff a character, as a husband,. which would make
very strongly against, himself (the defendant). At least, the
plaintiff's suspicions were awakened. He gave the defendant
notice to quit the: curacy, and he believed that after that
day, the defendant never made his appearance in the Rectory-
house. The plaintiff removed his wife to DoVer, from whence
he returned home in October. He then learned that the de-
fendant had exhibited letters of his wife to different persons in
the parish. This led to an inquiry upon the subject, and ulti-
mately he obtained the whole truth, and was convinced that his
happiness was irretrievably gone. He pursued the course he
thought, best--it was not for him to cast his wife off entirely to
the mercy of the, stranger and her own remorse—he obtained
lodgings for her, and left her.under the care of a servant who
had been in the family for some time, and there shelhad re-
mained since. He had then an account to settle with the de-
fendant, and he had been compelled, reluctantly compelled, to
make his wrongs public in a court of justice. It was the only
remedy he had, in the first place, for so deep an injury, to have
recourse to a jury of his countrymen, to ask them to consider
all the 'circumstances of the case, and to determine be-
tween him andliis former friend—the adulterer with his wife.
What course the defendant should pursue it was impossible
for' him to anticipate. He now approached the question
cf damages. It was unpleasant to have to refer to subjects of
this, nature in a' case of this description. The law allowed no
other remedy, and they were called upon to estimate in dama-
ges the amount of an injury' which could be satisfied by no pe-
cuniary compensation.' It might be said that the circumstances
of the defendant were such, that 'heavy damages would ruin
and crush- hirri:' Be. it sn—he did not consider that the defen-
dant
was entitled to much consideration at their hands—they
could not make him more wretched than he had made the
plaintiff; and if their verdict drove him from the Church to
which he was a disgrace, the Church would be benefitted by
being purged of such a scandal. Under these circumstances
he trusted that they would only look at the grievous injury the
plaintiff had sustained, from one in whoth he relied with such
perfect composure. -
Rev. Mr. 'Howard examined 'by Mr. .HUMPHREYS—deposed
that be had married the plaintiff and his wifein 1829, and had
visited them afterwards. They appeared to be very much at-
tached to One another, and the plaintiff was a most indulgent
husband. Never observed any difference in the manner or
conduct of plaintiff's wife until June, 1834, when Mrs. Birch
appeared very much worn away, and greatly depressed in spi-
rits. They had a family of two boys—one about five or six
years old, and the other:two ycars younger.
Cross-examined by Sir F. PoLLocx—The plaintiff obtained
the living of West Hackney in the year 1828. He was of the
same standing as witness. , Witness resided chiefly in college,
but visited the plaintiff and his wife -five or six times a year,
_giving at their house sometimes for two or three days. The
defendant obtained his curacy in 1833.
Rev, John Hall—Has been upon habits of intimacy with
the plaintiff for six or seven years. The plaintiff and his wife
appeared to live most happily together.
Cross-examined by Mr. Rienaens—Lives at Wilmington-
square, Pentotiville. Saw' the plaintiff and his wife last in
the month of October, 1834. They dinedwith witness.

Rev: 'Mr. Taylor, Rector of Stolie-Newington—Knows the
plaintiff and his wife since 1830. Was on habits of intimacy
with them, and, they appeared to live in the greatest harmony.
Rev. C. -J. -Heathcotc gave evidence -to -the same effect.
Mackintosh Brookes,:an architect, of Adam-street, Adel Phi,
gave similar evidence. Has made the plan of the upper story
of plaintiff's house, now produced, which is a correct one.
Thomas Sharpe has known the plaintiff and his wife since
their marriage. They appeared to him a happy couple. Saw
them last together in the early part of 1834.
James Williams, ship agent, resides at Hommerton. Was
on intimate terms with the plaintiff's family for seven years.
They appeared to live very happily together. Last saw them
together about twelve months ago. •

Elizabeth Eldred was formerly in the service of plaintiff.
Went as housemaid there in January 1830. Plaintiff and his
wife appeared to live very happily together. Recollects the
defendant preaching a charity sermon in November 1832,
and he became curate to' the plaintiff in January 1833.
On Tuesdays and Fridays there was service to be per-
formed at the church, and on those days defendant used
to lunch at the plantiff's. Mr. Neele was there also on
other occasions. Plaintiff appeared to treat him very kindly.
Mr. Neele drove Mr. Birch out a few times in plaintiff's
phaeton. In March, 1833, while laying the lunch, saw de-
fendant with his elbows on his knees, looking up at Mrs.
Birch, and speaking to her. Did not hear exactly what he
said to her. It had attracted witness's attention, as she had
net seen the like with other gentlemen. Mr. Neele's visits
were rather frequent at that time, and mostly when the plain-
tiff was absent. On one occasion, when Mr. Neele was
with Mrs. Birch; a knock came to the door-hall. Witness
went to the room where they were, and observed the roori:
rather dark, but did not go in. On going into the room, fre-
quently observed her mistress confused. The eldest child was
alwayi sent out of the room, or to walk with witness, by
Mrs. Birch's directions, when Mr. Neele came. Recollects
plaintiff and his wife going to St. Leonard's. The children
were left behind. The defendant came• and slept at plaintiff's
hbuse iii their absence. He requested a bed to be prepared
in her mistress's room. The family returned in ten days
or a fortnight. Plaintiff shortly afterwards went from home,
and the day before he left home Mrs. Birch directed witness
to put clean sheets, on the bed. Witness went out for a holi-
day the • day her master left home, and came home at ten
o'clock at night. Witness and her fellow-servant suspecting
something went to her mistress's bedroom, and found some
lavender rolled up in her night-dress—this was very unusual.
Prayers were read in the parlour that night to the family by
Mr. Neele. Mr. Neele called for slippers, and told witness
he was going to sit up for some time to write; and if she heard
any noise not to be surprised. Mrs. Birch then went to her
bed room, and witness went up stairs and asked her did she
wish td have the elder boy to sleep with her for company.
Mrs. Birch hesitated, and said " Not to-night." Witness and
the other servant then retired to their own room. Mr. Neele
breakfasted next morning with Mrs. Birch. Witness made her
mistress's bed next morning, and it appeared that two persons
had slept in it.—[Witness described the appearance of the bed-
clothes and napkins, which she found in a drawer in the room j
Witness was sent that day with the children to Mrs. Williams
by her mistress. Mr. Neele and her mistress went out toge-
ther that day, and in the afternoon, between seven and eight
o'clock, her mistress came to Mrs. Williams's, and went then
to her sister's. This was the 26th June last;and,the room op-
pOsite Mrs. Birch's was fixed as. Mr. Neele's sleeping room.
From that time,to the 24 July, witness and the'other servant
remarked that two persons must have slept in her mistress's
bed. On the night of the, 2d July, witness. and her fellow..
servant went into the' nursery" a few, minutes before twelve.
They obierved that the lock and hinges of Mr. Neele's room
door had been recently oiled.' Witness had seen half a glass
ofoil on that,day in her mistress's room. Mr. Neele's room
door used to creak before that time. The curtains of her mis-
tress's bed were drawn at the foot during that week more closely
than usual. They were usually open at the foot of the bed.
Mrs. Birch and Mr. Neele had then gone to their rooms.
After one o'clock witness' heard the boards Creaking in Mr.
Neele's room, and then heard the door open: Some person
walked about the landing, and then her mistress's door creaked
and, the door opened. There was a light inside. Witness saw
some person moving at her mistress's door ; the person 'went
into hermistress's room, and then it closed. Ttin,re were nu
persons in the', house at the tin,.
I-jut the defoliant, Mrs.
..fliness and her fellow-st.rvant. A
...s afterwards, witness and the other servant went to
uermistreserdn't iiitlitrtispetsl weNatedlp 411tatuatr4
ifil4litdi
what they wanted, Ind dropped ttie‘fiti 9amto 0,4 ic,
door was fastened inside. They said they heard a noise, and
Mrs. Birch told them to go to bed, that there Was no noise.
They then knocked loudly at 'Mr. Neele's door, but got no
answer. They then went to Mrs. Birch's room, anti said they
had no light; " Mrs. Birch desired Ahem go down stairs and
fetch the tinder-box. When going down'stairs Mrs. 13-came
to the head of the stairs in her night-dress,and witness then heard

t pee-,on r..c.-; Mrs. re n,-1 to thc opposite one. She
could not sae who it was as her mistress stood before bet.
When the other servant brought up the light, she went irate
Mrs. Birch's room, and then tapped at Mr. Neele's door. Mt'
Neele opened the door and asked what was the matter? They
said there was a noise at her mistress's door, and if there had
been thieves the dogjwould have barked. Mrs. Birch was tbes
standing at the head of the stairs. Mr. Neele was very pale'
and his hand shook very much whey, he took the candle from
-the other servant. On the following morning witness %
called into the breakfast-room and found Mrs. Birch and 34r'
Neele. Mrs. Birch was in tears,_and Mr. Node said to Wit'
ness and the other servant that they had stated be (Neele) titee
in her mistress's room. Witness said, they were_ certain be
was in it. Mr. Neelc asked. how could you suppose it? They
replied they were quits certain, and he did not positively deg
it. He asked if they thought he,meant any harm to theirnde;
tress. They said "no, he was too fond of mistrese.
He asked, did they intend to tell their master when he
came home, and they said they did not wish to Wl°
him uncomfortable, as they- had lived happily since
they had known them. Mr. Neele said if you-tell your
master, the consequence will be this—Mistress will go home t°
her father, the children will have to go to Alderman Birch
and master and mistress would be parted, and he (Neele)
niust leave the country. They said they would be very
sorry indeed, if that happened, as they felt great respect for
master and mistress. Mr. Birch returned from Cambridge
about half-past three on that day—the bed had been made be.i
fore •he returned.. It appeared very much tumbled, and als.
two persons bad slept in it. Mr. Neele did not sleep w
the house after her master's return—he left-the house item!'
diately. Witness saw Mr. Neele when going away---41
looked very pale. He did not come to the house fora fen
days afterwards, and he then visited as frequently as before.
The trial was not concluded when we went to press.

PARLIAMENTARY PROCEEDINGS'

HOUSE OF COMMONS.
NOTICES OF MOTIONS FOIL THIS DAY. l. Mr. Wakley,—To move, that an humble Address be presentees
the King, praying that his Majesty wit: be pleased Co grant!
pardon to,. and direct the recall of,. the_ six Dorsetshire Le
bourers who were convicted at the Assizes held at Dorchester,
in the Spring of 1834, on a charge of having.taken an oat''
which was not required by Law and who were thereuPo
sentenced to transportation for the, term of seven years.
2. Mr. Fox Maule,—Bill for relief of the Tenants and Occupiers °'
• ,land in Scotland from the damages done to. their crops
hares, pheasants, and rabbits.-
3. Mr. G. F. Young,—Bill to repeal ceita;n clauses 55 Geo. lII'
c. 57.
4. Mr. Plumptre,L-Captain AehesOn's case.
5. Mr. Wyse,—Bill for the establishment of a Generid.Board
Charities. in Ireland. • • • •
6. Mr. William Miles,—To take into further contideration thn Pr
tition from Shepton Mallet, relative to the Charities of th'

town.
at 7. Mr. Sharman Crawford,L—Reports of• riotous proceedings
Ballykelly, County. Londonderry.
8. Mr. Hesketh Fleetwood,—Select :Committee regarding his Mi‘
jesty's Consuls resident in Foreign States.
9. Mr. Henry Lytton Bulwer,--Amendment on Mr. Fleetwud!
o
motion, that the Committee be on the Consular and Diplo,
tie Departments.
10. Lord Ashley—Bill to continue Acts relating to the treatment°l
Insane Persons.
11. Mr. Chancellor of the Exchequer,—Bill to consolidate eertsin,
Offices in the collection of the Revenues of Stamps and Taz.'
and to amend the Laws relating thereto.
12. Mr. Hume,—Bill to repeal so much of Act 25 Geo. IV is /1"
strains the amusements of Music and Dancing.
13. Mr. Baring,—Select Committee to consider the salary of tbe
Clerk of the Crown in Chancery.
14. Mr. Kearsley,—To move that the persons now maiA illn,
consequence of Ipswich Election be brought to the Bar of
Hons.):
15. Lord] Viscount Sandon —Petitions from Liverpool touching-ger'
tain po.tions of the Corporation Reform Bill.
ORDERS OF THE DAY FOR THIS DAY.
1. Infant Property (Ireland) Bill—. Second reading.
2. Courts of Equity Contempts (Ireland) Bill—Second reams'
3. Agra Government Bill—Report.
4. 31unicipal Corporations Bill—Committee. •
5. Sugar Duties Bill—Committee.
6. Goarock Harbour Bill—Third reading.