The Sun.
London, England, 1832-11-30 00:00:00

FROM LLOYD'S

DEAL, Nov. 29.—Wind S.W. moderate.—The com-
bined English and French squadron remains. Arrived
the Stakeshy, Johnson, from Bornbiy.
Po siTSMOUTH, Nov. 29.—Wind N.W.—The Royal
Adelaide, Temptly, and the Swallow, Adams, with men
and horses intended for Don Pedro's.ervice, have returned

here, being prevented by Don Miguel's forces from enter.
ing the Douro. Arrived the Athol transport, from Wool,
wich, bound to Dublin ; and Brazil, Parker, from Ma.
tanzas.

PLYMOUTH, Nov. 28.—Wind W.S.W., very squally.
—Sailed his Majesty's ship Pike, for Falmouth and Lisbon.
Arrived the Louisa Maria, Gamble, fom Quebec; Maria
Cumming, Dania, and Gazelle, Nubia, from Nantes.
FALMOUTH, Nov. 28.—Wind W.N.W. to S.W.,
strong zea and squally.
DA RTM,WTIII, Nor. 28.—Arrived the Visitor, Row,
from Labrador.

LivEarooL, Nov. 28.—Arrived the Percival, Forret)]

from 51iramichi ; Andromeda, Wilke, and TbaTrie., l'homp-
z bo, from Quebec ; and Sisters, Miller, from Pugwasli.
Off port the. Alirgaret, Sutderland, from Quebec.
GREENOCK, Nov. 27.—Arrived the Clansman, Ritchie,
from Miramichi ; Fanny, Leith, from Quebec.

The Superb, Dempsey, from Glisgow to Sligo, was
driven on bbore near the latter place on Momiay, and it
xv.s feared would be wrecked ; the cargo, except 50 tons
of co.d+ was saved.

The Cholornley, Robinson, from London to Shields,
st, uck a wreck on the Guntleet funds on Wednesday, and
was run on shore near Baudsly, but expects to be got off.
Toe Northumberland, Csrnahy, from Seaton Sluice to
London, was totally wrecked on the Whaline sands
yesterday ; crew and a small part of the materials saved.
The Swiss, of London, his been run down and sunk by
the Robert Peel ; crew saved, and arrived at Shields.
The Ohve Branch, Peters, from Seville to London was
drivers on shore near Boulogne on Wednesday ; crew saved.
The Agnes, Owens, from Newry to London, was
stranded on Hail Bay, near Padstow, on Wednesday.
The Trinity, from Bourdtaux to New Orleans, was lost
about the 10th ult. near Attakapas; crew and passengers
saved.

OPORTO, Nov. 17.—The weather has become fine, and
some vessels, with troops and ammunition for Dim
Pedro, are aff port, but they cannot come in, owing to the
battery constructed by Don 'Miguel's troops, opposite the
arsenal. Indeed no pilot would go out to bring them in.
The George, of Plymouth, from Smyrna to Amster-
dam, which was detained at Plymouth, and liberated,
arrived in the Downs yesterday, and was advised by Sir
Pulteney 'Malcolm to remain, as his cruisers would not
allow her to enter any port in Holland.

The London Merchant, after waiting two days, with
the Marquis of Pahnella and suite on board, for smoother
water on the bar, and having Government despatches of
great importance on board, besides the Marquis's anxiety
to get to England, finding that no pilot would venture to
sea, Captain Belcher, of his Majesty's ship Etna, was kind
nough to off.r Captain Penlerrick the assistance of his
second Lieutenant, who has lately been employed sound-
ing on the bar ; so that on Thursday morning, the 22d
misnusor:f.t,upfaaoitnth2ftthilea.m., the London Merchant left Oporto, and
with some difficulty got to sea, there being a tremendous
j.,9,)H,,:vsignugadderospna.mthhees onLo
nldmoanr dm forereh heran t
same
et ienveannidng. Neatbroughtp in Vigo-bay at seven t
(o 2'c3lidic)k,
thethe
morning, at daylight Briton frigate and her most Faithful Majesty's frigate
Reinha de Portugal left the roads and proceeded to sea, the
forintr in search of the Raven cutter, with despatches for
Admiral Parker, aad the latter for Oporto, leaving the
Donna Maria and Portuense re-fitting at Vigo, and the
Don Pedro (late the Marquis of Wellington) at anchor
under the Bayonne islands, under orders for Oporto. At
4 F.M. the same day the steamer left Vigo for England,
end arrived at Blackwall this (29th) day, at 2 P.M.,
where she landed the Marquis and suite in good health,
after experiencing nothing but gales of wind from the time
they left Oporto.

,
ARBROATH.—During the strong gale from
the south-east on Saturday se'rmight, wh, n the Maria,
London trader, then near Yarmouth Roads, was running
north, about seven in the evening, a young man named
SCOTT was thrown overboard by the block of the jib hal-
yards striking him. The ship was under her foresale alone,
and, the sea rolling heavily at the time, it was impossible
even to attempt saving his life. This is the third and last
son the father of the lad has had consigned to the bosom
of the deep.—Scotch Paper.

A celebrated jeweller has, it is said, been
lately plundered by a confidential servant to the extent of
many thousand pounds, but has declined prosecuting the
thief.

ARCHERY GROUND IN THE REGENT'S
Palm—The Commissioners of Woods and Forests have,
withi❑ these few weeks, let a large piece of land in the
Regent's Park, between York-terrace and JENKINS'S ma
eery-ground, for an archery-ground, consisting of five
acres. A great number of workmen have already com-
menced erecting a high turf barrier fur the butts. Several
plantations are being cleared away, and the land levelled,
for the purpose of laying out gravel-walks, new shrub-
beries, &c. ; anu two or three houses are to be erected for
the accommodation of the subscribers. The approach will
be over the bridge fronting St. Marylebone ne.v church.
The entrance gates are to be superb.
Saturday night, as the Waterford mail-coach
was passing between Black Wrath and Ralliiore, the
coachman perceived some bulk upon the road, upon which
he (with some of the passengers) alighted, and found the
body of a man who appeared to them to have teen just
murdered. They alarmed the police at 'the next station,
who immediately went to the place, and on their way or-
rested three men on suspicion, whom they found with a
horse and car on th, Carlow Post.

COURT OF CHANCERY.-(THIS DAY.;

IN THE MATTER OF HEATH, A BANKRUPT.

Mr. RUSSELL obtained leave to mention this matter
again to-day. He hel l in his hand an affidavit stating,
that notwithstanding the injunction hat been obtained on
N,Vednesday, no affidavit was filed yesterday at eleven
o'clock, nor any bill entered at the same hour, in the Six
Clerks' book, the proper place for it. A bill, however,
now appeared t'a have been filed some time or other, and
the other side had got a certificate from the Six Clerks,
dated on Wednesday, of a bill having been filed.
The Loan CHANCELLOR rather thought, from the in-
quiries he had made; a bill had been filed at the time the
application was made to the Court; but that the entry
had not been made in the Six Clerks' book. He inclined
to think that it was not sufficient for Mr. Russell's client
to have rested contented with merely searching the Six
Clerks' book—he ought to have gone also to the Record,
and searched it. At the same time lie was strong entaieh
on the ground that the affidavit had not been filed when
the motion was made.
Mr. RUSSELL, though satisfied with this, yet desired to
bring a very extraordinary circumstance to the notice of
the Court. Nowithstanding the motion that was dis-
cussed at great length before his Lordship yesterday to
commit a party and his solicitor for publishing a caution
to the public against buying goods of a person who had
!Ten restrained by injunction from parting with them,
yet, in the Times newspaper, published this day, there
wa•, in reference to what passed in the matter of Heath
yesterday, an advertisement cautioning all persons not to
take the bill of exchange, the circulation of which had been
Sought to be restrained on Wednesday, although his Lord-
ship had declared yesterday no order was to be considered
as having been made.
The LORD CHANCELLOR observed, that it was quite
unnecessary to go into that, because he had stated, as be
now repeated, that the injunction was issued.

POWIS V. HUNTER.

This was a motion moved yesterday by Sir Edward
Sugden on behalf of the defendant, Mr. J tales Hunter,
jun., for an order to commit the plaintiff in the cause,
Mr. Benjamin Powis, and his solicitors Messrs. Kersey
and Hughes, for printing, publishing, and posting in va-
rious public places, a hand-bill, stating that an injunc-
tion had issue.l to restrain Mr. Hunter from parting
with certain goods that had been consigned to him
from Singapore, and cautioning the public not to
buy of him, without satis'ying themselves of the
manner in which Mr. 11. had become possessed of them,
as well as of his authority to sell. This, the Learned
Counsel contended, was a gross perversion of the proceed.
ings of this Court, and amounted to a contempt. As re-
garded Mr. Kersey, it appeared, upon his own showing,
that he had personally had nothing to do either in obtain-
ing the ex-parte injunction, or in the publishing of the
handbills, having been at the time absent from London
hut Mr. Hughes acknowled;:ed that he had corrected the
proof-sheet of the bill, and Mr. Powis admitted he bad
ordered the printing, and assisted in making the publics.
tion. O► their guilt, therefore, there could be no doubt.
Mr. ANDERDON followed on the same side.
Mr. KNIGHT and Mr. Humus opposed the motion, on
behalf of Mr. Powis. They argued that what had been done
had only been a furtherance of the proceedings of the Court,
that it did not even savour of a contempt, and that
their client bad acted exactly as they would have advised
him to have done had he consulted them before he bad
done so. Mr. Hunter was a bankrupt in 1829—n0
dividend was paid under his commission. He had also,
at the latter end of last year compounded with his cre-
ditors, and every necessity existed to take every possible
step to save the property which had got into his hands.
Mr. BEANS, this morning, appeared for Messrs. Kersey
and Hughes. The motion having been abandoned as re-
garded Mr. Kersey, his learned counsel's observations were
confined to the situation in which Mr. Hughes stood. Mr.
H. was applied to by his client for advice. The client
stated his conviction that the fief ndant intended to break
the injunction, and the solicitor advised him to do what
he did, as the only means of preventing the violation and
the loss of the property.
The LORD CHANCELLOR observed that however li-
bellous (if libel it was at all) it might he, yet he did
not very well understand how it could he called a contempt
of the proceed ore of this Court. Further, he was far
from saying that a solicitor who advised his client to pub-
lish a libel, or to commit a felony or a misdemeanour, was
not equally guilty with the individual who had actually
committed the offence under such advice.

Mr. BEA:is contended, at great le• gth, that neither
legally nor morally had his client done wrong.
51r. - followed on the same side. The opinion of
the Bar was against the idea of its being possible for the
Court to come to a decision that what had been done in
this c,use was a contempt. Was it not the daily practice
to report and publish to the world the proceedings of this
Court, and notice almost every injunction that was
granted, nearly the instant the older was directed to issue?

and had any person ever heard of an application to
commit the printer or publisher of a newspaper for
doing so? The opinion of the country, therefore,
was, that the law was not that a man could be com-
mitted for publishing the proceedings of this Court. As
regarded waste also, it was not only the practice to serve
the injunction on a person who was about to cut down
ornamental timb-r, but to post notice of the injunction
having issued around the premises, and throughout the
neighbourhood in which the wood was. Again, with re-
gard to a piracy, there was no other way by wt.ich a pub-
lisher could be protected from the continuation 01 a
piracy after the granting of an injunction, except by the
publication to the world that such an injunction had been
granted. Under such circumstances the L-arned Counsel
hoped the present motion would be dismissed with costa.
Sir EDWARD SUGDEN replied. He hoped, should his
Lordship commit in this case, he would not measure
the period of confinepnent by the length of the speeches
th it had been addressed to the Court by the other
side. A greater strain of abuse he had never heard ad-

dressed no-the Court at any time than had been addressed
in this case by Mr. Knight. Mr. Knight had called
his (Sir Edward Sugden's) client a swindler and
a robber, and had indulged in more declamation in
this ease than Sir Edward had ever heard before come
from even the individual resorting to it. No doubt he
had acted according to his instructions—if so, more in-

famous instructions had never been given. If Counsel
were to embark in the use of such language, it would
only be necesary for them to get a " Slang Dic-
tionary," and instead of addres.ing themselves coolly
and properly to facts and to the law, they would have
to vie with each other in the adoption of abusive and most
improper words. It had been inquited whetherit had
ever been heard that the report in a newspaper of the issu-
ing of ex-parte injunctions was contempt ? Lord Eldos, in
Deacon v. Deacon, repored in " Russell's Reports," bad
distinctly said, that when he first entered Westminster
Hall, no man could be found who would have denied it

was a contempt; and if it was the law once, he knew nut
when or how it had been altered ; at the same time, he
could not take notice of such a publication un-
less regularly brought before him. He (Sir Ed-
ward), however, did not stand up to advocate the
prosecution of the Press, for the publicatio❑ of the pro
ceedings here ; at the same time, they were Lot to be
guided by newspapers (although the Press would always
exercise a whol• some control over judicial proceedings, and
see that justice was properly and impartially admi-
nistered), but by the rules of law, which had been
handed down by the most competent of Judges.
The Learned Counsel, though he condemned long speeches
on the part of others, was by no means short in his own
reply. He brought forward many dicta, to show that
what had been done was a contempt, and adverted
strongly on the improper conduct of the parties who had
circulated the handbill, that had been extremely injurious
to his client.

lhe LORI) CHANCELLOR did not think, upon the best
consideration he could give to the arguments he had
herrd, that this was a contempt. He dismissed the
motion therefore. Mr. Kersey he ordered to have his
costs; but reserved the costs of Mr. Powis and of Mr.
Hughes, until after the motion was heard, notice of
which had been given, to dissolve the injunction.