The Sun.
London, England, 1835-02-21 00:00:00

KINGS BENCH.-(THIS DAY.)

THE DUKE DE CADAVAL V. COLLINS.
This was an action brought by the Duke de Cadaval, a
Portuguese nobleman, to recover a sum of 5001., obtained
from him under false pretences by a Mr. Thomas Collins.
Sir JOHN CAMPBELL (with whom was Mr. FITZROY KELLY
and Mr. ALEXANDER) stated the case. The facts were briefly
as follows :—ln the month of July, 1834, the plaintiff, who
was at that time labouring under extreme ill health, arrived at
Falmouth from Portugal, and shortly afterwards received a
letter from the defendant, who resided at Somers-town stating
that he had resided in Portugal almost all his life, and that he
had saved the lives of his Majesty Don Miguel, Donna Jo-
sephine, and of all the Ministers of State by the discovery and
prevention of a terrible conspiracy and revolution, which was
to have taken place in December, 1828 ; that he had also pre-
vented another revolution, which was to have taken place on
the 16th of February, 1829, by discovering the correspondence
that had taken place; and various other services. The de-
fendant, after representing that himself and his family were in
the greatest distress, concluded by claiming a sum of 16,2001.,
which be alleged the Government of Don Miguel was bound
to pay him. The letter was signed by the defendant, and
no answer having been returned to it, he proceeded to make
an affidavit that the Duke de Cadaval and the Count de San-
tarem were indebted to him in a sum of 16,2001., and sued
out a writ of capias for that sum, with which he proceeded in
the month of August following to Falmouth, and placed it in
the hands of a sheriff's officer, together with a letter addressed
to the plaintiff, stating that he had come down prepared with
powers to enforce the payment of the suin due to him—that
the bearer was a sheriff's officer, who had full powers to arrest
him ; hut if be wished to avoid the vexation and inconvenience
of going to the gaol of Bodmin, which was 30 miles distant, he
( Collins)-was willing to enter into a compromise, and give him
time to make arrangements for the payment of the sum
claimed. This letter was delivered by Collins to the Sheriff's
officer with the writ, and instructions to arrest the Duke de
Cadaval. Collins said he was certain the matter would be
settled—that the Duke had plenty of money, and if he (Col-
lins) succeeded he would give the Sheriff's officer 501. The I
Sheriff's officer immediately proceeded to the Duke's residence
and arrested him. The Duke sent for Mr. Lake, the Portu-
guese
Consul, and a banker residing at Falmouth, and through
him the Duke communicated to the officer that he did not owe
Mr. Collins a shilling, nor did not even know him. Mr.
Collin; was at length sent for, and he stated that if the Duke
would give mi.. - a .sum of 500/. he would discharge him
'-e him 12 days time to put in bail to
from the arrest, and
brought against him relative to
any action that might be
this claim. An agreement to tuts effect was drawn in writ-
ing, and the Duke wished to have it state,4 in the agreement
en of the
that the payment of the 5001. was no acknowletil-m
t
debt, but this Collins refused to permit, and obserbvea i hat the
Court of King's Bench would decide whether the signing of
the agreement was or was not an admission of the debt. • A
sum of 5001. was then paid over to Collins in the presence of
Mr. Lake, and the Duke was liberated. It was to recover
this sum, which the Learned Counsel stated had been obtained
by the grossest fraud, and which was in fact as much a rob-
bery as if the defendant had met the Duke on the highway,
and presented a pistol to his breast, that the present action
was brought.
Witnesses having been called, who proved the facts detailed
in the statement of Counsel;
Mr. PLATT (with whom was Mr. Butt) addressed the
Jury at some length for the defendant, and contended that the
Duke being a member of Don Miguel's government, and that
government having been pledged to pay the defendant, he
had naturally conceived that the plaintiff was liable, and one of
the best proofs that he was so, was the fact that he had, under
his own hand, by signing the agreement, admitted his
liability.
There was no witnesses called for the defendant.
Lord DENMAN observed that the defendant had neither
proved that he had rendered services to Don Miguel's
of that Government had recognised his claim in any
mariner. It was for them to say whether they were
of opinion that Collins was aware that he had a just
claim against the Duke de Cadaval, or that he had
merely sued out this process of law, and by the threat of
sending him to prison, endeavoured to extort money from the
plaintiff. If their opinion was the former, then they should
find for the defendant, and if the latter, then they would re-
turn a verdict for the plaintiff.
The Jury immediately returned a verdict for the plaintiff--
Damages 500/.
Lord DENMAN observed, after the verdict had been re-
turned, that no person who heard the evidence could doubt
that it was one of the most scandalous proceedings that had
ever come before a court of justice.

SHIPPING-(THIS DAY.)

(FROM LLOYD'S.)

DEAL, FEB. 20.—Wind S. W., moderate.—Arrived the
Julius, Mules, from Demerara. Arrived from the river, and re-
main, Louisa, for the Baltic ; Wildgoose, for Demerara; Sarah,
M'lntyre, for St. Michael's; Queen of the Isles, Blackallen,
for Cardiff; Unido, Hawkwell, for Grand Canary ; Tino,
Ellis, for Corfu and Zante ; Acorn,_ James, for Poole; Ar-
dent, Mackie, for Whitehaven. Put back, the Camerons,
Mackie, for Berbice, and remains. During a gale last night
from S. S. W. the Richard, —, for Dublin, lost her bowsprit,
and received other damages; and proceeded for Ramsgate this
morning, with the Unido and Euphemia.
PORTSMOUTH, FEB. 20.—1 t blew a tremendous gale las
night from W. to W. N. W.
PLYMOUTH, FEB. 19.—Wind S. W.-9 P.M. It is blowing
d gale from W. S. W.
FALMOUTH, FEB. 19.—1 t has blown a strong gale to-day,
with violent squalls, from W. to S. W.
Pootr, YEB. 19.—Arrived the Albion, Green, from Cadiz.
BRISTOL, 20.—Arrived the Samuel Robertson,
M'Known, from New York.
LIVERPOOL, FEB. rrived the Colchis, Knight, from
Savannah.

SWANSEA, FEB. 19. —Wind W. S. ;V.—Arrived the Star,
sailed, on the
Keith, from Cuba, 41 days on her passag,' ;
18th, the Blucher, Lowring, for Newport and 028 t".

The Squire, Lindsay, from London to Lowestoffe,
shore yesterday morning, near Yarmouth, but expected to
got off after discharging.
The Linson, Field, from London, put into Portsmouth, after
being on shore, bound to Ballina.

The Hebe, Hannington, from London, put into Portsmouth,
with loss of rudder, having struck on the Middle Sand, bound
to Limerick.

The Jasen, of Sandwich, --, put into Yarmouth, leaky,
and with bows stove, &c.

The Rob Roy, James, from Limerick to Portsmouth, was
run down on the 2d instant, by the Waterloo, Lewis, from
Leghorn:—Crew saved.

The Venus, Bolton, from Newport to Plymouth, is sunk in
Penarth Roads.

The Jubilee, Hailstones, from London to Goole, is on shore
near North Somercoates, and must discharge.
The Mary, Foster, from London to Scotland, was assisted
into Wearmouth leaky, after discharging part of her cargo,
having struck on Bondicar rocks.

THE MARKETS-(THIS DAY).

COVENT GAR]
There was a good supply to thi:
was dull at nearly last week's pric

DEN MARKET.
is morning's market, but the trade

s. d. to s. d
Potatoes (curt.)
Cauliflowers 2 0 3 0
Ca bagel, White (12) 0 0 0 0
Ditto Red .
Ditto Savoy
Endive 1 0 2 0
Itadish(bund!e) 3 0 5 0
3rocoli 1 3 2 0
Celery
Carrots 12bunches)... 3 0 0 0

s. d to s. d.
Spinach (half-sieve) 6 6 0 S
Apples 2 0 5 0
Onions for pickling 0 0 ii 0
Onions 1 0 2 ll
Sweet Oranges(loo). 7 0 12 0
Seville Oranges ...
I.envois
Walnuts
Span. Chesnuts (peck) 4 0 6 6
French ditto
French Walnuts 0 0 0 0
Spanish iiazlenots 4 0 6 0
Brazilian Nuts . 0 4 0
Small Sallad
Pine Apples (lb.)
Filberts 0 8 1 0

rirnips
Coleworts or Greens 1 6 3 0
leeks . 1 0 1 6

For. Grapes (per lb.) 0 S 2 0
English, Forced .
Sea Kail