The Sun.
London, England, 1844-12-07 00:00:00

-311,1 t

LONDON, SATURDAY, DECEMBER 7, 1844.

In the Times of this morning appears a well-written
" Letter to Sir ROBERT PEEL," which will be found
in another column of The Sun. Mixed up with much
of caustic bitterness there is much of truth in this
letter, though it is truth of a sort that will be any-
thing but palatable to the Right Hon. Baronet. The
writer commences by reminding the Premier of the
circumstances under which he took office—how he
had with him the Church, the aristocracy, the bar,
the great majority of manufacturing and commercial
men, the middle classes, and no small portion of the
Liberal party in Parliament. All things, he says,
conspired to favour the fortunate Government ;
but now, much of these encouraging influences has
disappeared, and during the last session the Ministry
at times scarcely commanded a bare majority by the
aid of its enemies, and was more than once defeated
by the strenuous exertions of its friends. And what
is the cause of this gradual decline in the strength
and popularity of a Government, but four short years
since so powerful ? We give the answer to this
question in the words of the writer, as addressed to
Sir ROBERT PEEL :—" Your warmest admirers, Sir,
are at a loss if asked to explain upon what your Home
Administration is founded. It identifies itself with
no great principles; it enlists in its favour no general
or generous sympathies. It has erected no standard,
however humble, round which your followers
may rally. Calling itself eminently Con-
servative, it does not distinctly declare what
are its objects of conservation. Affecting
to resist Reform, it has sanctioned measures of violent
change. Professing to maintain our existing insti-
tutions, it has shifted its ground more than once, and
has conducted its defence upon no broad or intelli-
gible principle." Severe as they are, who can hesitate
to assent to the truth of these observations, which in
our opinion, sufficiently explain the cause of the
Premier's declining influence ? He has taken his
stand on the shifting quick-sand of Expediency, in-
stead of on the broad, solid rock of principle. 'With
sagacity enough to see the right path to pursue, he
has frequently chosen the wrong one, and may say
with the Latin poet of old,

Video meliora, proboque,
Deteriora sequor.
Hence he has engendered a feeling of distrust and
apprehension in the breasts of his friends, while he
has failed to conciliate his enemies. If he still com-
mand a majority in the House of Commons, it is not a
majority accruing from the goodwill, respect, and
confidence entertained towards him, but one caused
by the apparent necessity of the case. We grant
that he has many difficulties to contend against, but
it is tide part of a true statesman boldly to grapple
with difficulties, with the firm determination to over-
come them, rather than weakly to submit to their
pressure. We wish that Sir ROBERT PEEL had more
of the oak and less of the willow in his nature,
braving the storm, instead of pliantly bowing till it
has passed over him. That he means
well we firmly believe, hut of what avail
are good
ever good intentions
when unsupported by
e and firmness? Of what avail is it
&11:010140..ds the doctrine of " buying in the
"j"... -Al,--ii, •11ing in the dearest market " '
. l!ry4tN W p in.p • ' lf he
..
„,
practice . Ot what avail is it
aitya, 44:,. :, b: , ights a Colmar] by his professions
?1,...... /if"' 2 i:: morrow: he brings sunshine to the
f
Ve li'e . *;t. :. • -: by his declarations in favour of the
..,,,
Si. 3 5

Protective system? If he wishes to re'ain his post,
and regain the popularity he has lost, he must bestlt
himself, and that quickly. The season of forbearance
is passed, and both parties—Whigs as well as Con-
servatives—will expect that Sir ROBERT PEEL
early in the ensuing session will lay down,
and make his stand upon, some broad,
distinct principle of policy which may at once put an
end to the vacillation, confusion, and perplexity,
which has so long characterised the discussions in the
House of Commons. With the Tories notoriously
weakened as they are by discords and jealousies—
with the Whigs well disposed to support any enlarged
liberal measure that he may bring forward, what is
to prevent Sir ROBERT PEEL from enunciating and
acting upon some bold, comprehensive, energetic prin-
ciple that may ensure, at no very distant period the full
and perfect triumph of the free-trade system? At present
men are almost wholly in the dark as respects the Pre-
mier. They know not what to make of him—how
far to support, how far to oppose him. As he values
his own reputation, let him lay aside this studied air
of reserve and mystery, which paralyses his friends
while it fails to throw his enemies off their guard,
He has the means at his command of conferring in-
estimable benefits on his country ; the stream of pub-
lic opinion still runs—though not strongly, as it did
four years ago—in his favour ; and we do hope and
trust that when the proper season arrives, he will be
found playing the part of a bold, enlightened, patriotic
British Minister.

The death of a very staunch Reformer, Sir J. H.
SEALE, Bart., has rendered vacant the representation
in Parliament of the little borough of Dartmouth.
Dartmouth has but a small constituency, hut its Par-
liamentary franchise dates back from a most respect-
able antiquity—the 26th of EDWARD I. It assumes,
however, a character of much higher interest with the
public than any derived from mere prescription of
this sort, by reason of its having been the scene of
various spirited attempts on the part of the SEALE
family to break up the nomination and rotten-borough
machinery by which the Government of the day, or
the Tory family of the HOLDSWORTHS, have, at
successive elections, returned their pocket- man. After
narrowly escaping the doom of disfranchisement under
the disqualifying retreat of Schedule A, it took rank
under the Reform Bill, as a Parliamentary borough
returning one Member. Sir J. H. SEALE reaped the
fruit of his bold, and—till then—unsuccessful at-
tempts to disenthral its electoral franchise, by being,
in 1832, returned by the electors without opposition,
to a Reformed House of Commons. The gallant
Baronet has continued to sit for it through four suc-
cessive Parliaments, until his decease, which took
place a few days ago. Before his mortal remains
could be committed to the tomb (his interment having
taken place only this day), the Tory interest at
Dartmouth were busily engaged in looking out and
bringing forward a successor, in the person of Mr.
JOSEPH SOASIES, the eminent shipowner. This
gentleman, we perceive, comes out on the " Con-
servative interest," a location somewhat odd
for the Governor of the New Zealand Company,
to whose delinquencies one of our morning Contem-
poraries so greatly errs, in imputing to us (in terms,
indeed, sufficiently courteous), not merely indif-
ference, but a sort of apologetic tolerance. If,
however, as we before remarked, the public at large
were indignant at the enormous favouritism, or heed-
lessness, of Government, in the privileges extended to
that Company ; and if the colonists have had as
much reason to deplore the fatal massacre of \Vairau,
and the imbecility and disorganisation of their local
authorities, as our Contemporary has shown, that the
. Company's shareholders, contracting emigrants, and
others have had to denounce the bad faith and hollow
promises of the Directors, what shall we say to the
Governor of this Company proposing himself to the
freemen of Dartmouth for their representative in the
House of Commons, on " Conservative" principles?
Come, come, Mr. SoAatEs, transfer your " Conserva-
tive" solicitude—if you have any real feeling of the
kind—to the Company's house in Broad-street, for the
benefit of those whose cry is for restitution ; or to the
lands at Nelson and elsewhere, where emigrants
complain that they have indeed been settled, but not
located ; or located but not protected. Leave to Dart-
mouth the Conservative care of maintaining its own elec-
toral freedom ; and to Mr. MOFFATT, the Liberal and
worthy candidate who steps forward to oppose you, the
honour of vindicating it. The choice of the freemen
could not be more wisely, advantageously, or even
equitably bestowed than on such a man as Mr.
MOFFATT, or on account of more substantial public
services than those he has already rendered, in his
capacity of an eminent London merchant, by his
zealous support to the system of reduced rates of
postage; his consistent advocacy of the principles of
free trade ; and by the hold and liberal character of
his political opinions. We heartily commend him to
the support of the Dartmouth electors.

From the Plymouth Times, and from a London
Contemporary, we have recently transferred to our
columns two valuable articles, under the respective
headings of the " Experimental Squadron" and
Naval Intelligence." Their general effect we may
lefine to be—to show, first, that the results of the sail-
ing trials between her MAJESTY'S ships the Queen,
110 guns, and the Albion, 90, against the St. Vin-
cent, 120, and the Caledonia, 120, do not by any
means bear out the title to superiority assumed for
the two first-named ships; secondly, that in relation
to the disparity of conditions, the most important to
the determination of the contest, the two last-named
ships, in point of fact, must be held to have approved
themselves much superior to their competitors. Now,
these experimental trials were instituted with the
avowed purpose of testing the merits of certain as-
sumed improvements in the theory of naval architec-

ture, which, having been introduced by the Sur-
veyor-General of the Navy (Sir W. SYMONDS), have
been since largely acted upon in the construction of
new ships of war. This, then, is a question of so
much national importance, that we hope the published
results in question will interest the public at large as
much as they have interested us. The repeated :late-
ments which have been made, from time to time, in
the House of Commons, by high professional authori-
ties, such as Admiral Sir EDWARD CODRINGTON,
Captain Roes, RN., Captain PECUELL, R.N., and
others, as to the extremely objectionable character of
some of the craft built on new principles most in
favour with the acting first Lord of the Admiralty
for the time being, have always occasioned great pain
to us. The " 10-gun brigs," and "jackass frigates,"
denounced under the nicknames of the "Forty
Thieves," and other significant soubriquets, will at

once recur to the minds of most of our readers. But
the two articles we have lately transferred into The
Sun suggest more than they demonstrate. They
seem to infer the existence of a species of favouritism
at head-quarters, which, if it really exist, cannot be
too openly or loudly reprobated. These are not times
in which mere crotchets—however ingenious—are to
be carried out into practical working, not only to the
destruction of our character for the superior construc-
tion of large ships, hut to the certain disparagement
and ultimate decay of our naval strength, and at a
most mischievous and needless expenditure of the
public money. Nor is this all. Two principles are
now contending for preference in our schools of
naval architecture. The one is a well-considered ap-
plication of scientific theory to those elements of
practical design, the soundness of which has been
affirmed by the test of facts observed and recorded
through the experience of a long term of years. The
other principle inculcates the adoption of a particular
theorem, irrespective of these modifications of received
systems and practical experience, as the sine qua non
of the new, or "intuitive" school, as it is called. But
what is this theorem ? " The form," we are told,
" adopted by the Surveyor of the Navy, viz., that of
a wedge, with a protrusion at the water surface,
which he calls 'bearing,' is most unfavourable to easy
motion, and it is ruinous in heavy weather. By the swel-
ling ofthe body above water, the rolling tends to immerse
a greater solid on one side than that raised up on the
other ; but since, by the law of hydrostatics, the
weight of the whole ship is that of the water which
she displaces, be the position what it may, therefore
the tendency to inequality in the opposite solids,
alternately emersed and immersed, as the ship rolls,
must necessarily produce a distressing rising and
falling during the rolling, which cannot hut work
uverything in piece=s at last." This reasoning appears
tout: indisputable; but its truth is exemplified by the
ns
ce of the Vernon, one of Sir W. SYMONDS'S
ships. After being but two years out at sea, that fine

new frigate wig found tb require a thorough refit;
and it Was discovered that each end of her upper
deck beams had started from the ship's timbers, in
some instances to the extent of seven-eighths of an
inch. In action, or straining through a protracted
tempest, in a heavy sea, had she encountered either
trial before her refit, where would the Vernon have
been ? The naval critics, on whose authority we
make these statements, well remark, that for an
efficient man-of-war of the first class, like the
Queen, whose assumed superiority of sailing has
been the theme of so much admiration to the corre-
spondent of a Contemporary, fine sailing is not the
only, nor perhaps the most important property re-
quired. Other qualities are quite as indispensable;
for example--stowage; ease of motion ; capability of
keeping the sea in heavy weather; cost of building;
facility of steerage, &c. It is instructive to remark
how these properties are brought to bear on the ana-
lytical comparison of the force, equipment, and per-
formances of the ships engaged in the nautical trials
referred to. We see no reason to doubt that in such
respects the ships, not of the surveyor's build, were
very far superior to those of his construction, in-
equality of conditions being fairly allowed for. Thus
the Caledonia and St. Vincent steer easily; are
readily manageable; mount 120 guns each, on a
measurement of only 2,600 tons. Their launching
cost, at the present moment, would not exceed
75,0001. each. The Queen, on the contrary, does
not steer well; she rolls very much, and in bad
weather her motion is particularly sharp and uneasy.
She mounts 110 guns only, on a measurement of
3,000 tons, and her launching cost would now be
about 90,000/. ; or 15,0001. more than that of either
the Caledonia or the St. Vincent. In heavy
weather and a rolling sea her inclination was only,
two degrees less than that of her competitors:
whereas, from her much superior width, a far more
important difference was to be anticipated. It is
evident, moreover, that on these trials no pains had
been spared to bring out to the utmost her sailing
powers, inasmuch as she carried away two topgallant
masts. It is, we are told, from the test of all ex-
perience yet had of her, to be inferred that as a line-
of-battle ship, though only four years old, she would
be much inferior to either the Caledonia (now 36
years) or the St. Vincent (which is 29). But we
w ill not weary the reader by going again through
the details of these irregularities, which, as to con-
dition and clearness, superior area of working sails,
superior amount of load displacement, and higher
tonnage, were vastly against the Caledonia or St.
Vincent, and proportionably in favour of the Queen
and the Albion. For the same reason, we do not
recur again to the very alarming defect of construc-
tion in that immense ship the Albion, a two-decker of
90 guns, heavy metal, which, it is affirmed, in heavy
seas would absolutely preclude the possibility of
working her lower deck tier, and compel
her to keep all her port-holes closed ; whereas,
under the same circumstances of winds and
seas, the Caledonia and the St. Vincent can keep all
their ports open, and work their guns on all three
decks. Our object in noticing these trials, and the
unfounded superiority claimed for the Surveyor's
ships, is to direct public attention to an evil which, if
unchecked, may ono day bring upon us again all the
evils of that favouritism, presumption, and profes-
sional incapacity in the administration of affairs at the
Admiralty, which, in our last disastrous naval war
with the United States, reflected so much discredit on
the MELVILLES and CROHERS of the time. We have
better hopes, however, of the men at present filling
their places. They cannot but feel the inexpressible
amount of responsibility to themselves and to their
country, to the present generation, and to all pos-
terity, which they have assumed with their offices.
They are pledged to a stern, straightforward, impar-
tial management and direction of our most ancient,
most glorious, most constitutional, most vigorous
force. It is high time that the Board of Admiralty,
however, should eschew the example set them by
other Government departments in upholding old-
womanising errors of judgment, if they be not pre-
possessions of favour. We are beginning to get as
impatient of eternal SYMONDSES in naval construc-
tion, as of never-ceasing SMIRKES in official fabrics.
The Dockyards and the British Museum cry aloud,
and alike, for an infusion of new blood into their ar-
chitectural systems. Enough of Sir ROBERT !
enough of Sir WILLIAM !

Madrid journals of the 29th ult. have been re-
ceived. The Gazette of that date officially announces
that Don BENITO ZURBANO, the son of ZURBANO,
Don JUAN MARTINEZ, J. IRANDIA, and J. J. EGUI-
LAN, were shot on the 25th. Letters from Bayonne
state that General ITURBIDE had been sent under a
military escort from Vittoria to Logrono to be tried
before a military Commission. The orders for his
arrest came from the Commission sitting at the latter
place, in consequence, probably, of some disclosures
made by some of the prisoners, though, it is said,
he lived a most retired life, and took no
part in politics. In the midst of these scenes the
QunEx gave a splendid banquet on the 27th, and on
the following day her mother's husband, MUNOZ,
imitated the example. The 48th clause of the Re-
form Bill, which relates to the marriage of the
Sovereign and the succession to the Crown, was
adopted by a majority of 120 against 39.
MADRID BOURSE, Nov. 29.—Three per Cents. for
Cash, 30; for Account, 30k. Five per Cents. for
Account, 211.

The Moniteur publishes a royal ordonnance, dated
Dec. 4, which orders material changes in the import
duties on the productions of various countries, more
especially India, brought to France in French ships,
and also in the premiums on home-made machinery
used in international navigation. We have given the
principal clauses of the decree in another part of the
paper, showing the nature and amount of the new
duties. The alterations with regard to machinery
are thus stated :—" The premium granted by the law
of the 6th of May, 1841, to steam-engines, of French
manufacture, employed on board French vessels
engaged in maritime international navigation, is to
be paid according to the basis and quota of the import
duties applicable to steam-engines of foreign manu-
facture imported in French vessels." The ordon-
nance is accompanied by a report from the
Minister of Commerce, from which the following
is an extract :—" Our commerce and industry re-
quired some new modifications of the tariff of im-
port duties. The object of the greater part of these
reductions, is, by means of a reduction of duties, to
encourage French ships to import direct into France
from India and other countries beyond Europe, cer-
tain heavy articles intended to be manufactured in
this country, such as canes, bamboos, mother-of-pearl,

n ore, imported from Hindestan and the Sunda
Islands, nitrate of soda coming from South America,
and especially from Chili ; camphor, medicinal fruits,
carthamum, balsam of copaiba,,and several other pro-
ductions of the island and continent of America, and
brass, which generally comes to us from the north of
Europe, but which a better-arranged tax would allow
us to comprise among our exchanges with more dis-
tant countries. A diminution of the duty on
badiana, Barbary wood, colours, stones, and chalk,
and iron ore imported into Corsica, will have the
effect of proportioning more justly the duty to the
actual value of the production, in order to permit the
employment of them in our manufactures." From
all accounts it was full time to make the change, for
at all the principal ports of France there has been a
decay of shipping and little demand for freights.
The National states, that at Bordeaux, Nantes, Havre,
and even Marseilles, so much benefited by the
trade with Algiers, there has been a con-
siderable diminution of entries, and the Mar-
seilles Chamber of Commerce, adverts to the
fact in these desponding te►esus :—" Maritime
speculations produce unprofitable returns. The un-
favourable position of the shipowuers reacts on the
number of seamen, and the inferior classes withdraw
from a profession which produces no advantage."
These papers contain no additional intelligence from
Spain, but the National gives a frightful picture of the
state of the country. " Thera are no bounds," it says,
" to the violence of the reaction ; no more laws, no
guarantees, no personal security. The humblest
citizen, who may have given umbrage, is at once
struck either in his person or his property. Pro-
scription, which had been applied to generals and
other officers of rank only, is now extended to men
Gf the most interior consiil ?ration. Writers cannot
ecape this furor; the'r independence is shaken by
this band of malefactors, with whom power is no-
thing more than art inst.= ►ent of vengeance and

destruction. A universal terror reigns over tilt) Pe,

ninsula."

A file of the newspaper established at Ota-
heite by the Governor, Captain BRUAT, extending
from the sth of May to the 6th of June, had been re-
ceived at Paris, and extracts from it were published in
several of the Opposition journals. The number of the
12th of May gives a long account of the proceedings
of Captain HUNT, of the Basilisk, during the inter-
views between the Chiefs and Queen PONIARE, is the
presence of M. MALmelicnE, the agent of Captain
BRUAT, and all the details are said to be authentic.
Of this we have every doubt. The English mis-
sionaries are blamed for giving exaggerated state-
ments, but they fall far short of M.',MaLmmicnE. The
first part of the descriptiofl and the conclusion will
afford satisfactory proofs. lie must indeed be a rough
sailor this Mr. HUNT, the commander of the Basilisk,
to treat a King and Queen with such rudeness.
M. MarmaxcuE thus describes the scene, and Captain
IIuNT'S manner:—

'llis first act was to impose silence, in an angry tone,
upon the Chief, who had begun to converse with the
Queen. 1)o not talk,' said he, write, write ;' and ad-
vancing towards the ex-Queen, in a disrespectful manner,
he added, 'ls not that the case, Pomare ? Pomare
continued to hold down her head. Without doubt she
did not comprehend what Mr. Hunt said, for he spoke in
English, and she only knows her native language. As
he was in want of an interpreter, Mr. Hunt looked about,
and perceiving the husband of the Queen, who was stand-
ing aside, ho took him by the collar, and said to him,
angrily, You understand English enough to tell these
chiefs that I will not allow them to speak to the Queen ;
they must write.' The Queen's husband executed this
order with a bad grace, and immediately afterwards re-
sumed his place."
The scene thus closes :

" Thereupon M. Malmanche quitted the Basilisk,
taking with him the pretended letter of Potnare, and
addressint; the following words to Captain Hunt :
Since Pomace is a poor woman who is obliged to take
counsel from you, all the calamities which have hap-
pened, and all the blood that has been shed at Otaheite,
cannot be attributed to her, but only to Mr. Hunt, cap-
tain of the Basilisk.' Mr. Hunt wished to reply, but M.
Maltnanehe would not stay to hear him."
The French Funds continued very firm on Thurs-
day ; the Three per Cents. closed at 84f. 75c., and the
Fives at 120 f. 50c.
TIIE BOURSE--TainisDAT, DEc. 5.

First Highest Lowest Lasi

Price. Price. Price. Price.
French Five per Cents•• •• 120 15 .. 120 30 .. 120 15 120 30
Four-and-a-Half.... 113 25 .. 113 25 113 25 .. 113 25
Fours....
Three per Cents.•... 84 50 .. 54 75 84 45 .. 54 70
Bank of France "3170 ..3170 ••3170 ..3170
Laffitte Bank, I,ooof Shareslloo ..1100 ..1100 • • 1100
5,000 f Shareeso7o • • 8080 ..5070 ..5080
Belgian Bank..• • • • • • • • • • • • 585 .. 585 •• 585 • • 585
Belgian Fives, 1831 • •• • • 1021 • • 1021 • • 102! • • 102
1540 •••• • • • • 1031 .. 1031 •• 103. • • 1031
Two-and-a-Half.... 61 65 .. 61 75 .. 61 65 .. 61 75
Dutch Two and-a-Half .• .• . 63 • • 63 • • 63 . 63
:vanish Threes •••. • . • ... • • 361 .. 361 • • 361 • • 361
Active • . •••• • • • • 321 • • 321 • • 321 • • 321
Pa55ive............ 6 .. 6 • • 6 • • 6
Portuguese Five per Cents.. 551 .. 551 .• 551 •• 551
5eap01itan............ • •• 98 50 .. 99 .. 98 50
Roman •• • • ••• • •• 104; .. 105 .. 104 i -• 105
RAILWAY SHARES. _ _

Versailles, R. 8.•.
315 .. 315 •• 310 .• 312 50
Rrnion•• •••• •• •• •• •• •• ••••1020 . 1030 ..1020 ..1030
Rouen to Havre•.••
Orleans ........••• .• -• ••••1077 50 —1077 50 —lO7O —lO7O

Strasburg to Bale •• •• •.•.•. 28l 25 •. 285 • 2SI 25 •• 285
Avignon to Marseilles • • •• • • 937 50 .. 940 •• 93,5 •• 935
RAILWAYS FOR THE ACCOUNT, Dm 16.

St. Germain........... • . • . 960

.. MO

960

•• 972 50

Versa Wes, R.B.
L.B 313 75 . 315 .. 310 .. 312 50
Rouen 10.22 50 —1032 50 ••1022 50 ..1030

Rouen to Havre... ... 790
Orleans ...................1070

.. 792 50 .. 790
-1078 75 ..1070

•. 791 25
..1070

Btrasburg to Bale ......... 282 r.,0 —286 25 282 50 .. 286 25
Avignon to Marseilles•• •• .. 932 50 .. oae .. 932 50 .. 937 50

THIS DAY'S NEWS

QUEEN'S BENCH.-(THIS DAY.)
(Sittings at Nisi Prius before Lord DEN3IAN and a
Middlesex Common Jury.)
LEONARD V. THATCHER.

This was an action to recover damages for an alleged
malicious arrest and false imprisonment. The defendant
pleaded that he was justified in what he had done, inas-
much as the plaintiff had been guilty of felony.
Mr. Platt appeared for the plaintiff, and Mr. V. Lee
for defendant.

It appeared that there was a sum of money owing
from defendant to plaintiff, and that one night, in the
month of July last, the matter was to have been settled.
The parties met, the one holding the money in his hand,
and the other the receipt. The defendant snatched the
receipt from plaintiff for the purpose, as he said, of seeing
that it was correct before he paid the money. He in-
sisted on detaining the receipt, and eventually the
plaintiff gave him into the custody of a policeman, on a
charge of stealing a receipt stamp, and was locked up at
the station-house all night, and taken before a magis-
trate iu the morning and discharged.
Two witnesses named Bates and Fry were called, who
stated that the defendant had in the presence of Fry
said to Bates, " You saw Leonard run round the
corner?" To which Bates replied, " No, I did not; and
I never said so; or if I did say so, it is not true." To
which defendant replied, " If you will swear so I will
pay you handsomely."
Fur the defence Mr. V. LEE attempted to shake the
credit of these witnesses, and said he should prove that
the plaintiff had snatched the receipt and run off with it.
This he admitted was not a justification, but it was ten-
dered for the purpose of reducing the damages.
Lord DENMAN thought the evidence inadmissible.
The plea was not that there was probable cause for the
arrest, but that the plaintiff had committed a felony.
Now, that could not be proved, and therefore there must
be a verdict for the plaintiff.
Mr. V. LEE would not then call any witnesses.
Lord DENMAN in summing up said, there could be no
doubt that the plaintiff had acted improperly in detain-
ing the receipt, but that was not felony, and he was en-
titled to damages for being locked up all night. At the
same time the jury were not to consider anything that
defendant might have said to Bates, because the plaintiff
had not suffered any inconvenience additional in conse.
quence, and this was an action fur trespass, merely to
recover damages for the assault and false imprisonment.
The jury found for the plaintiff—Damages 151.

COMMON PLEAS.-(THIS DAY.)

KING V. SARSON.

This was an action for assault and false imprisonment
under the following circumstances :--The plaintiff had
been a footman in a gentleman's family, and being con-
victed of larceny in stealing pheasants and game fowl
from his master's stable, he was sentenced to four months
imprisonment. At the expiration of his time he returned
to his own family, who lived in the neighbourhood of the
Regent's-park. One evening, in September last, he went
into the house of the defendant, who keeps the Windsor
Castle public-house, Park-terrace, St. John's Wood-
road, and having taken a seat in the parlour, and ordered
a pint of beer, which was brought him by the waiter,
a park-keeper of the name of George, ob-
jected to the plaintiff's being allowed to sit in
the room, because he had been convicted of theft.
It appeared from the evidence of the plaintiff's wit-
nesses, that no one else, and there were several present
at the time, objected to King'a presence. On the con-
trary, some of them invited him to drink with them.
However the landlord insisted on his leaving the house ;
and ultimately expelled him by force, tearing his coat
and shirt in the struggle. Sarson then gave him into
custody of the police, who took him to the station-
house, where, however, no charge was preferred against
him, and he was dismissed. For the forcible expulsion
from the house, and the detention in custody of the
police, this action was brought.
Mr. Sergeant TALFOURD, for the plaintiff, stated these
facts, and made a forcible appeal to the jury, as to the
hardship and injustice of persecuting a man with infamy
for life, after he had expiated an offence, not
of the most heinous nature, by the punishment awarded
by the law.
_ _

Mr. Sergeant SHEA, for the defendant, insisted upon
the propriety of the landlord's conduct in endeavouring
to keep his house free from persons of tainted character.
The Learned Sergeant called witnesses to prove that the
plaintiff made a violent resistance to the defendant's at-
tempt to remove him, and that Sarson did not give him
into custody until he was endeavouring to force his way
into the parlour again after he had been expelled.
(The case was proceeding when we went to press.)

ARCHES' COURT.-(THIS DAY)
TIIE OFFICE OF lIUDGE PROMOTED BY BROOKES AGAINST
CRESSWELL, CLERK.
This was a citation against the Rev. Henry Creswell,
vicar of a parish in Somersetshire, in the diocese of
Bath and Wells, calling upon him to answer certain
allegations, which charged him with conduct disgraceful
to him as a clergyman. The letters of request were
issued from the Court of the Bishop of Salisbury.
The articles set forth that Mr. Creswell had been
guilty of using indecent, obscene, and violent language,
of getting drunk, and of fighting and brawling within
the parish of which ho was incumbent.

The documents, which were very voluminous, entered
minutely into the details of Mr. Creseell's conduct, in
support of the allegations exhibited in the articles.
The Learned Advocates on both sides having ad-
dressed the Court,
The Learned JUDGE went minutely through the
several articles, commenting on them as he went along.
lie said, that although some of them were such as to
agree with and support the charges in the citation, yet
there were many more, the form of which required alte-
ration, and for that purpose the Court telt bound to send
them back. On the whole, he was of opinion that there
were sufficient grounds for requiring further inquiry.

The Lords of the Privy Council had a meeting this
morning, in the Council-office, to resume the hearing
of a petition from the Island of Guernsey, praying
for a reform in the constitution of the state.

Her Majesty and Prince Albert, and their illus-
trious visitors, are expected to arrive at Claremont,
at four o'clock this afternoon from Windsor Castle.

HUNGERFORD MARKET.—Five forfeited shares in
the gerford Market Company were put up fur sale
et! li the Auction Mart, in the City, this morning, and each
share ietched 564 The value of this utLcket prcperty is
yearly improving, no doubt awing to the Suspension-
bridge.