The Sun.
London, England, 1828-11-21 00:00:00

SPIRIT OF THE LONDON JOURNALS.

The almost innumerable communications
Which we have received on the subject of forgery,
since the appearance of an article that we pub-
lished some days ago, upon the shocking dis-
crepancy between the nature of the crime and of
the punishment awarded to it by the existing law
of England, prove the deep and anxious interest
which the question has everywhere excited. Mur-
der is rightfully punished with death. So we
think is robbery, accompanied by brutal outrage :
but we know of one other crime which ought to
be so—one which, to a certain degree, shares the
most atrocious characteristic of murder, by the
use of violence,
for the infliction upon weak-
ness, of an irreparable and fatal wrong. But for
crimes of circumvention, we are disposed to
think that the least appropriate punishment is
bloodshed ; and forgerx is one of them, being
distinctly of the nature of fraud. - No other
class of tradesmen, besides bankers and money-
dealers, are protected from frauds by the gallows.
It is as:sumed by the law of England that a pru-
dent man may, by the proper exercise of caution
ii ,his business, escape the machinations of the
swindler. The contrary instances are not
so frequent, nor their consequences to so-
ciety so frightful, as to call upon the Le-
gislature to deter from the repetition of them
by the sacrifice of human life. It is
otherwise with crimes .against the person,
where no ordinary degree of cautien can defepd
tiie helpless from the Cruel and irresistible out-
rage of the strong. There the 'arm of ,the law
will justly employ what may be termed ifs physi-
cal power to the reinforcement of physical weak-
ness, which has not a mere worldly- injury to
dread from cunning,
.1)14 a mortal one to ap-
prehend from force. Human life (except in the
case of females exposed to o140ge) is the only
property precious.enough to exact this penalty of
blood—and for the prevention of which the fe4l-.
ings of mankind will, at the same time, suffer
that bloody penalty to he resorted to, We need
not dwell on the morality of the question any
longer, but remark at once; as men of business,
that capital punisinnent, tweeted-by lacy for the
repression of forgery, is nosisi paved to be in
practice an enceuragement-44,offence, not a
chastisement; because juries .will-not leu4l them-
selves to enforce it. If bankers flatter themselves
that for no purpose but to save them trouble
society will consent to immolate even its unworthy
meinhers, they have already seen,eno4l to 'un-
deceive them. If, -on the. other. hand,. tiae.bankers
find that the only le* tfrsvhielfthey havelooked for
protection is
.ane—Which'
,lily.`: better 'knowledge
and better feelings - Of. meiiiiinir have` as -cinn-
pletely abrogated as .if an Act of- Parliament
had repeiled it, they, will begin themselves
to cry out fo,l.Some more reasonable, and there
fore less sanguinary. ,safeguard. We are con-
vinced that before the next Session is over, a
large proportion of the banking interest will join
their voices to tliose-Mto exclaim " Let us have
some effectual security against this description of
swindling," for in principle 'forgery is nothing
else—" let us have a Jaw that men will. be dis-
posed to execute, and in their' efforts to escape
*-
from which the rogUes w:11 pes filUt in every
mane fellow-subject an accomplice.' Ai6 hor-
rible to think how many transgressors of what we
may now almost denominate the " old" law
forgery, have paid the forfeit of their lives, I
though in their several degrees ofguilt there have
been all conceivable shades of difference, from
the darkest to the lightest and most pitiable.
The unhappy man who was recently convicted on .
the prosecution of- Sir William. Curtis's bank,
;will have his case decided by his'Thjesty ,next
Monday.' . _As the jury has no further work to
do in tins instance, and as there is no unfairness
in an appeal for mercy, we must hint that the
circumstances of Ilunton's case appear to us, if
justly represented, such as would Lead the mind
of a considerate Judge to hesitate at kW, before
he advised the signature of the death-warrant,
and that hesitation in 'such a ease would not be
likely to terminate in 2 result unfavourable to the
cause of sound policy as well as of humanity.—
l'irrzes. _ 2

Domestic wheat, it appears, has now not only
reached, but even passed that price at which
the duty upon • the imported article is lowest.
That which is bonded, therefore, will be let
out, and we fervently hope fresh importations
will take place before the severity of winter com-
menees,--hefore the commerce of the North is i
bound "in icy chains." It is remarkable that,
after wheat reaches 735. per quarter,, the duty
upon the foreign article is fixed at a shilling.
This, indeed, is no great matter; but we cannot
help thinking, and shall never cease from recom-
ineculing,that the revenue be consulted in the import
duty on grain of all binds.' Let it be recollected
that the principle of prohibitive duties has gong
near to involving us in a war with America, and
has a.er,slly. 'Plunged us into commercial hostili-
ties with .that. country, from which no .man can
see Lis way .I.e.ar-riy. AdMit; under all ciatini-
stances of price at 116rne, foreign wheat, on such;:
yield the greatest amount of duty;
terms as will
some agricultural tax be re-
and not ord,„' )!lay
n
knitted, but LC and foreig
riti4) wheat will not
have to compete
with ground stone. As the
import duty cannot be lower than 4present, kind
the bonded wheat in the cot-iatry is said not to.
amount to more than 300,000 quarters, it is
robable that the whole may be brought into
consumption. But we confess we should bot,
even from hence, look for a great reduction in
the Market fromrice of corn,'unless liesh importa-
sions were pptly to fill upthe vaouurn.--/hid.
,The war of mutual exclusion, which
.is pow
%awn; in Ireland, is certainly a singular - pheno-
menonh 1 the• present ' • day ff we may credit
.
the papers N-:hich advocate the claims of the Ca-
tholics, and tin. statements made at a meetiu,
on Saturday last, in Dublin (of which some ac-
count will be found in another column), the
lower order of Catholics ,has been long exposed
to grievous persecution on aLleount of religioL,,
which has been made a test to citolify for curry-
ing a horse or cleaning shoes. How ,far Catho-
lics will be able to retaliate with
to be seen. Something like
the present pale.-
cation of the lower Irish in towns has before,
been witnessed in Ireland. Leland, in his His-
tory of the Ormond Administratiou in the reign
of Charles the Secord, says, ~ It •
was proposed
to expel those Papists from corporate towns,:
who, though formerly excluded. had yet been
licensed to return. But whatever had been
the occasional indul,gences,o Government to
this obnoxious party, it Was i:011 known the Eng.
fish inhabitants had eontauted to the abuse
they now inveighed against. II ley themselves
r:
had received the Papist t i ...: sii into towns,,b,ePause
they could not live without alms They wanted
servants, tenants, and tradesmen ; the Irish fur-
nished all these, and were encouraged." What
is there of cruel and impolitic which has 4,!)t
been tried in Ireland? Surely an end will at
length be put to this system of civil. strife I Law
. .

alone, we know, cannot immediately extinguish
irritation ; but all that law can do ought to be
attempted.—Morning Chronicle.
We allaided yesterday to the pamphlet of Mr.
Badnall, on the Silk Trade, which is eminently
calculated to rectify the erroneous notions which
have been disseminated on this subject. Mr.
Badnall urges the liberation of the inanufactu-
rer from his present thraldom to the throwster,
and shows that independently of the objection-
able nature of the restriction on principle, the
trade of the throwster does not require the pro-
tection afforded it. Where mere manual opera-
tions. are concerned, there is no reason for sup-
posing any great difference bet Ween the natives
of the different countries of Europe. Hence
the wages of the mere weaver are pretty much
the same in every country of Europe. But
wherever machinery is extensively introduced-
into any manufacture, the question assumes a
new shape. Here not only a large capital must
be expended on machinery in the outset, but it
is well known that machinery can only be made '
end kes in order in countries in Vlllich the me-
chanical arts have arrived at high perfection. It
was stated in the evidence taken before the
House of Commons, when the proposition to
export machinery was under consideration, that
machinery could only be constructed advan-
tageously where the making of the separate parts
of a machine Constituted a distinct trade—that
constant improvements were taking place in the
various operations, and
.places which had once
obtained a start in the manufacture generally
kept a-head of rivals ; so much so, that though
machinery was made hi Glasgow in considerable
perfection, the Glasgow machine-makers were
always three or four years behind the makers of
Manchester. It may :easily. be inferred from this
that wherever machinery is required, England
must possess a' decided advantage over every
other country. Hence, the moment the trade
in silk was thrown open to competition, the skill
of the country wass called into requisition to pro-
duce a better description of machines for throw-
ing. Mr. Badnall, who, we learn, is well en-
titled to speak on the subject of machinery, gives
a description of the improvements which have
already been effected:—
" The improvements to which I allude," he says,
" consist in the establishment of machinery upon
such a principle that a treble or four-fold speed can
be obtained?and with an absolute saving of power.
This mechanical paradox will be easily explained, if
any competent person will take the trouble to enter
a silk factory upon the old principle, wherein he will
find every wheel composed of wood, except the driv-
..ing wheel? which- is in immediate contact with the
fly ; and' every spindle of wrought iron '-reirolving.
or rather reeling within wooden .shoulders, at the
rate of, perhaps, not more than OW revolutions per
minute. Let the same person then turn to a mill of
recent improvement, where cast-iron gearing and the
tin ryliecier af,e employed (as in cotton mills) in lieu
of the wooden wheels end drum ; where the cotton
or .woollen band is substituted for the broad leathern
strap; where the accurately turned steal spindle
is revolving within metal bearings, at the rate of
3,000 or more revolutions per minute-; and where
. the clumsy' heads, which J)y their centri-fugal action
are tbe greatest obstacles to an ,ncreased speed, can
be dispensed with—and he will not wonder that
some men have been found wbO have felt the neces-
sity of adopting the one mill in preference to the
,other. That such improvements aro not theoretical,
eau easily prove to the most obdurate sceptic, by
introdimint him, if he wish it, to men of capital, ex-
perience, and agility, Ow will practically prove the
correctness of my nbserVatignse will answer the
cross-examination further—Are our lise4ories then
to become tenantless, and the Machinery in Mike'
we have invested thousands to become Worthless? I
Au& my reply is, moat unquestionably; unleis every
means be assess X 9 render these factories and that
machinery conducive to a reasonable individual
profit, and to the general interests of the trade; for
if it be not worth the tbrowsters' while to adopt
tlee most approved and heneficiel practical means of
meeting tlso existing cempetitiot4is Pete, can he a
prudent policy in 'Government to protect ara4
lion him in a system whereby he not only cramps 1
the progress of a staple nsennfacture, but paralyses
die best efforta of the manufaeturer,"
Every improvement in machineryforeea the
whole of those engaged in the trade in which it
is used to avail themselves of that improvement,
if they do not choose to work either at reduced
profits, or at a loss. Governsifsmts, amidst all
their mistakes, have never thought of preventing
improvements in machinery, because the cap.:eta"
invested in the existing ina.obioery would thereby
be rendered unpsoducttve. Every man who sinks
capital in building or machinery, sloes SQ W;t1)
the knowledge of the risk to which the invests
ment is subject. It was not necessary for the
case of the silk resninfacturer that lie should
establish the possibßity ,of constructing machi-
nery of so improved a dentiptiop as to enable
the British throwster to beat the frA/Ich and
Italian . throcvsters. It was enough for fihreto
say, if you subject me to a competition with
feedigners in the home triaskets you must place
me in a :Mate of dependence on oilers with re-
spect to my means. But the manufacosses is
enabled to do more than he is strictly bound to,
,do—lie can spew that the machinery for throw-
ing has been so improved, that the .throwster
can, by ;lie.?!?s of it, stand competition with any
foreign rivals. We stated the other day that
the price of weaving .:,ills must be regulated by
the general price of weaving throughout the
,eountry, as the'workman could easily be trans-
ferret?, from one article to another. *ld
that Mr. Basil-a coincides with us in this opis
nion We may expect,'-' he says, " that the
pripocresliojnaz ;avine silk and linen will gradually
ap
indeed, the weav,eys of fine mus-
bliss in Laneashire, having been fouissl capable
of weaving the lest articles of plain sitis,'hase
alternated from one gni' vlovment to the other,
until prices between the tivotrasses' s are gradually
finding one common
A Circular has just keen issued from the War
o,fsce, which has occasioned a eonsiderable stir •
in the i--44itary world. It is addressed by the
Deputy Secrath.ry at War to all Officers receiving
allowances, requiring
hd
sshich is sent
.to
either ri4educepd.arotircuriaert:Acolf
tir
,s 0 insure a true and Puns:is-41
thesis to transmit, in a fora{
them, weer-slices and
situations ands
a!son cis Adpled, that; in case of
• answer, an intin
iu such case e
its being received,
. lost, ,dosibts be en-
tertained of•
rty Rein allye!
For (ir.
die
the
reduced alloWS.lnce .
the pa
I sus-,
pended till the trail
already afloat as to the
good deal of conjecture
sicced
Of the returns.
motive_ which has led to this 111C,3.50, re.,
selves we entertain no doubt but tusi ii is,wisely
meant as a prelude to a thorough investigation
of that enormous " dead weig.ht" of
• uch through
which the
country has of late years heara SO
means of 'the •fagions hoots pots solienle to
which it gave occasion. There is no doubt, we,
believe, that great abuse has been prartiSed under
this Lead, and that instead of being a reward for
services, svhi,ch would gradually Wear out with
the lives entitled to st, at is likely, as at present
41,14.5 ed, to become a permanent burden to the
country, and to devolve upon ptraom .01,2 have

seen no service, and earned no other claim to it
than by mere purchase, and not always even that.
•We should be among the last to advocate any
breach of faith with those who have just
claims upon the country; but, on the other
hand, to give reward where no just claims exist,
or to allow of the transfer of what ought to be
a personal annuity from one life to another, and
that, generally, from an old and infirm one to
one of health and youth, are abuses which we
consider the Govern-merit would act both wisely
and justly in instituting an inquiry into ; and by
putting an end to such an abuse if they find it to
exist. What would be thought by an heir,
whose ancestor had left his estates • saddled with
allowances •to all his old servants, if they could
transfer their claims to new comers, and thus
perpetuate what was meant to be a temporary
burden ? And what would be unjust and pre-
posterous in the case of an individual is t less
so in theacase of the public. It is quite notorious
that half-pay has been again and again purchased
as a sure advantageous investment of capital, and
is, as such, enjoyed by persons who never so
much as put on regimentals, or ever intended so
to do. The Circular in question will bring to
light such instances as these, and, in separating
the corn from the chaff; will enable the Govern-
ment to do justice on the one hand, and prevent
the-country being duped, under a show of it, on
the other.—Morning Herald.

The exhibition which the Catholic Associa-
tion has just afforded of its character and inten-
tions, ,by agitating the question of exchisiye
dealing, must convince the public and the Le-
gislature, if They were not convinced before, of
the absolute necessity of suppressing that lawless
and abominabhsmbination
_,against the peace:
and welfare of their country. The.A.liat ex
elusive dealing on the part of thecgittoliea'
would only be a measure of retaliation is ridicu-
lous and absurd. Those WhO urge ,it can find
no other ground on which to rest the imputa-.
tion it conveys, than that some Protestants have
been found to prefer Protestants to Catholics as
domestic servants. If other:grounds could have
been found, we may be quite certain that the
agitators would never have selected this. This
preference is too natural to form any just ground
of complaint, since it is evident, that of two ser-
vants whose merits are in all respects equal, Cue
one being a Protestant and -the other a Catho-
lic, the Protestant must of necessity be the bet-
ter and more agreeable servant- to a Protestant
master, and the Catholic to a Catholic master.
Nor has this preference, natural- •and bh.rneless
as it is, been very generally manifested.—
The instances of it are individual and,isolated,
affording no pretence whatever for even
the suspicion of system or combination.—
The object of the Association in theagitation
of this mischievous measure is not, and cannot
be, to improve the social condition of the Catho-
lics, or to punish the Protestants for any social
misconduct, real or supposed,' towards their Ca-
tholic fellow-subject. To imrgine that these
are their objects is to impute to them a degree
of ignoranpp and stupidity utterly inconceivable,
It is impossible they Cad be sp ignorant car s; upic
as not to know, that in whatever degree their dia-
bolical project succeeds, it must injure, Catholics
to a much gteater extent than it can injure Pro-
testants. What then is the object which we are
compelled to conclude the Association has in
view ;7 We must judge of their motives as we
judge of the motives of all other men who are not
literally idiots or lunatics, by' the obvious ten-
dency of their. acts. And judging thus, it is impos-
sible 4) 4ypid the conclusion that_iliey intend to
41.14 re the wflPle lower orclier of .Catholics, that they
4=tstrta to render. their couditioil than-it is;.
that they intend, by_yi*ans of this process, to em-
bitter still further their discontent, and in-
flame their animosity against ail pvgestants
atu,l 41. Protestant institutions—that they intend
them to beconw desperate than they now
are, and better prepared for Fitespprate remedies
and iissperate efforts. This appears to us to be
the only ratioual explanation of the conduct the
Association is now pursuing. We firmly believe
it to be the true one. And is this, we ask, a
body of which the existence ought to be tole-
, rated by tl e British Government ? Omitting
altogether the important
.considemtions of injury
anal danger to the public peace qild welfare, it is
due to the moral feelings, and the correct and
tirwitiated taste of the great majority of this
high-spirited q.nd generous nation, that it should
be spared the disagreeable sensations of disgust
;n4 antipathy, which the cowardly and malig-
nant miscreants of the Roman Catholic Asso-
ciation mus,t necessarilly excite, so long as they
are permitted' to pursne their carper of infamy
and guilt.—Mortiing
We beg to point the attention of our readers
tto the proceedings yesterday at the first election 1
of
_candidates for admission into the Licensed
Victua&rs'‘As*x,q. Little more, we believe,
than two years have el4ge4 mice the idea of
such an Institution was first sugg4ske.d ptl
acw sufficient funds have been procured, not.
only to coi-siilete the first portion of the build-
ing, but an 'election of twenty-two candidates
has actually taken place; who will he comfortably
lodged in it in the course of a few weeks
it is Akcct grateful to witness such zeal in the
cause of beneyol,z24c,c ; and little less grateful to
perceive that those whose Axestions may be said
to be more immediately engaged in 0)4 of
different institutions, can co-operate with so
much ardour in behalf of one. The striking
example of eordiality and co-operation which
we witnessed yesterday lietwp.eu the Trustees
and Committee of the Licensed Yie‘tYlalier.B''
School and the Governors of the Asylum, was
' most 4,onpurable to both, and affords the
strongest.pletke„ti4 under their fostering care
both institutions will me4t sv:kh gc zealous sup-
port which they deserve.—Morni4 Advertiser.

Frgin the ,notice; ,notices clready announced of intend-
ed•. • {,..
applications to ?arliament for additional supplies of gas
and water 4,¢ f,ontlori, the pitblic, may expect the pav-
ing in the streets to ihe diStollied FroMone .eral to another,
should Parliament consent 4, their numerous 0111eS0.
At present, there are no less titan ii,ve gas cOmpinies
who will compete, some of them at lit) per gem., A:4er
the saa al prices. There are also two or three water eons,
panted, LitrdlW.Q,kicPnsive:lines of new sewers to be built in
different places.
CIIARACTERISTICS.—TWO '&11644,p have
x*p.:l place at Versailles within a few days of each other.
The ek,a .wa.s c.an.pd by love, the other by gambling. The
lover slot 134'54 ip out from the mansion of his
mistress, Ow Lad des:Laud that be renounce all hopes
of her heart or of her hand. ilia last wroirb were; 'F Clie
shall not refuse me again." The patter, a yoxiiig
%man, a student of medicine, killed himself, tift2r quitting
the mansion of a restaurateur in the rue St. Pierre, where
lie had a Cearty dinner. His last words were, "I shall
never dine again."-:.4"reneic Paper.
When the body of GirtHANt, true footman at
Bath, wh.
,T inur4ered his fellow servant, was titken to tits
Bath unitqo hbspitnl ,or
t 4issection, the skin of the thighti,
4e, VPs carefully :taken qff anti ante: wards tanned, When
it .was distri.lAuteeathongst surgeons and others
efionnisnielecdte'd with the Hospifr,,...,as ,-thtehtsaptrheer roe,4,iptteiiiniuursdcarro'.t.
I the soles of boots and shoes, and about the same 20i0i4r.
skin appears as thick

LAW INTELLIGENCE.

COURT OF KING'S BENCH, Nov. 20.
(TRIAL AT BAR.)
ROWE V. BRENTON...-..DOE V. BRIENTON......THE SING V.

ROWE AND BRENTON.
(Continued from Yesterday.)

Mr. BAKER produced an examined copy of a
charter of the 15th year of Henry 111., dated iu
1231. It gave to the King's brother Richard, Earl
of Cornwall and Porton, the whole county of Corn-
wall, for the service of dye knights' fees.
Mr. Illingworth then produced examined copies
of a commission, issued in the 2d year of EdwA.,
for the purpose of ascertaining how many manors there
were in the hands of the Crown, and also the returns
of the Assession Court made to it in the 4th year
of the same reign. It appeared therefrom that the
manor of Tewington was then terra legis, and
valued at 20/.

Mr. BAKER said that he had searched the records
in the Tower for the inquisitio post ?no/lent Edmundi,
but had not been able to find it.

'The SOLICITOR-GENERAL then said, that the way
in which he proposed to give secondary evidence as
to the contents of this document was this :—Among
the records of the Court of King's Bench belonging
to the 9th year of Edward 11. was found a proceed-
ing in the nature of a writ of right by two members
of the Valletort family, who sought to recover two
manors belonging tO one of their ancestors, which
had lapsed into the hands of the Crown. The
question had originated by petition in Parliament,
and it had been sent down by the King to the jus-
tices of that Court to do right therein. The Jus-
tices of the Court sent a mittimus to the Chancellor.
for the inquisitio post mortem Ricardi, and also for
the inquisitio post mortem Edmundi, Richard and.
Edward both having been Earls of Cornwall. The
Chancellor certified to the Court that the first of
these inquisitions was lost, and sent to it a copy of
thecond under his ; e_gnet. It was thot, copy .-tvlsiels
Of'prOitd to read.
Mr.l3nOtlcnAm said that he did not object.
Mr. Blingworth then produced the copy of an ex-
tract from the coram rent, rolls of the 9th of Edward

11. Ile had taken it from the Chapter-house, West-
minster, where the early records of the King's Bench
are kept. This inquisitio was read in order to show
that all the assession manors were held under the
same tenure—that Tewington was one of those
manors—and that the tenants were mere conven-
tionary tenants.

The next documents produced were grants made
in the reigns of Edward If. and 111. The first was
a grant in the year 1307 (Ist of Edward II.) to
Pierce Gaveston, who married the widow of Ed- .
mund Earl of Cornwall. In that document mines of
tin and lead appeared to be first mentioned. The
next was a grant in the year 1318 (11th of Edward
II.) front King Edward to his Queen Isabel, giving
to her the right of nominating. the Sheriff. The
neKt grant (wino 1332) was from Edward 111. to
his brother John, of the honour of; Cornwall, and
various possessions, including the manor of Tewing-
ton. The charter from Edward 111. to Edward the
Black Prince (wino 1338), creating the Duchy, was
next put in • and then followed various other docu-
ments establishing the Duchy title. The admissi-
bility of many of them was strongly opposed by the
plaintiff's counsel. It appeared from some of the
documents that a distinction was made between free
tenants and conventionary tenants; and the latter
were described as liable to serve the offices of reeve,
tithing-man, and beadle. .
Mr. Harrison, the Auditor and Keeper of the
Records in the Duchy, produced an assession roll of
7th Edward 111. The plaintiff's counsel objected
to its reception, because it was not shovn that the
Duchy tenants were boon(' to attend at the Asses-
sion Courts. To remove this objection, the Attor-
ney-General put in the Parliamentary Survey. This
document contained lists of the tenants of the Duchy
manor, the leading descriptions of which appeared
to be 't Free Tenants" and f' Conventional Tenants."
The holding of the latter was stated to be
" to them and their heirs for ever, in free conven-
tion, from seven years to seven years, according to the
custom of the manor." It'aplieared that, by the
custom-of Itus-moner, the Assession Cowls Were to
he held septennially, and the tenants were required
to attend at them. A memorial from the tenants of

the. Duchy manors, sent up to the Assession Court, in
the time of Charles 1. was the next document put
in. In it the tenantsAmplained that, contrary to
custom, the septennial-courts huli'tiot beVtr.-..holden
for the purpose of receiving the' it and service of
the tepahts, and Krttr!tipg renewals of leases tp such
as, by their tenure, were entitled to them. They
therefore, by the memorial, desired to record that
they had duly tendered their suit and service. The
documents having been read, the Assessiop Roll of
the 7th Edward 111. was again tendered in evidence.
The plaintiff's counsel renewed their opposition to
its reception, but the Court, after much discussion,
admittCd it. doenmptit appeared tp he a re.
turn made by certain commissioners of the Puchy,
showing the limited nature of the tenure.
Several other asses Pion rolls, and some ministers'
accounts in the time of Edward 111., were put in, as
confirmatory of the preceding evidence.
At six o'clock the proceedings were adjourned to
ten o'clock to-morrow (this) morning.
The case will occupy at least two days longer.

COURT OF co4lsiply Fp4s, Nov. 20.
TAYPOR. V. LAWSON.

Mr. BUSBY opened the pleadings.
Mr. Sergeant ANDREWS, for the plaintiff, ob-
served, that this was an action against the proprietors
of the Times newspaper, for an article, purporting
to be the report of what had occurred at a police
office, in which the mane of the plaintiff had been
very unnecessarily and iMpropeily introduceu. The
plaintiff was a respectable man, and had 'been for a
very long time the constable and headborough off St.
Luke's ; he afterward; went into the parish of Is-
lington; and a nurnb;.,T of the inhabitants of that
parish having Certified in his 'favou'r, he became act-
ing constable there. The lib Of which he' now
complains imputed to him, that in that character he
had upprelierh4ad a man named Walker on a charge
of bigamy; had'ii6eii, With the other witneFsps or
the prosecution, atiendink 'at 'the Old"Bdiley's and
had then, in order to defeat public justice,' kept out
of the way one of the witnesses whose testimony
wa riccessail, to support the charge. The fact was
thisthat The trial i had proceeded; and by one of
those accidents 41lieh' he .Sergeant 4 ritbe wsy,
in his long experience of 'Crittiinal 'CoUrts;.lifieo
not unfrequently to occur, the prisoner was ac-
twitted for want of the appearance of a wit-
Aess- against hin;. lu proiecutions for bigamy it
was usual, though 'Joe Alw4is ilpi4os'ev, to Clay.e
the parish clerk to prove ihe and it 1140,..
pened that on this occasion that witness, although
p,-epe7l7 .spintrionetl, did not attend. The Jury could,
however, easily ae%unt for his absence, when they
'recollected the diifids had to perform, acid the
lieceSsity of his being present, at different• hniiirs'in
{he day, o attend to 'Marriages and'burials.'• That
witness had'ißie fieen iikes'ent in Court,' and the' pri-
soner was acquitted. A feW Weis Wier itie'rrial at
the Old Bailey, the prisoner'S wife, attended h`the
parish Officers of St. James, Clerkenwell, made an
.aPPli'ea* tit 1-Pt-on-garden Police-office; and on
'the 15th`of 'April •Pfiilrga this grpfisly scandalous
libel, impu I,'graVe OffenCOting'
stated, not, he admitted, as of the PaperYown sug-
Vo' ady
gOt,i&P„b„Lit. as. having been already impUted to the
dp—tailed-accohnt of the Report, and
iPii:rient:fen-atitnhe
o,tole.coilice. The Learned Sergeant
then observed that the hitro—apptiOd Of firth cht*ge
against the plaintiff was at best irrelevant. lie was
represented to be a man who had been guilty of a
grows grtd scandalous dereliction of his duty in a
matter in`whici) his rnisgonduct could affect the due
course of public justice; and • when siuch 'a charge
appeared against himin a newspape'r, Wet impas-
sihlc
he' could' do. less than come into Court and ask
all 4 :iqihr'he Oat to suffer under such a stigma,

or whether he did not deserve compensation for its
having been thrown upon him.
The Proprietorship of the Paper was admitted.
Mr. Benjamin Turner, from Somerset House, pro-
duced the Tines of the 15th of April.
'I he alleged libel was then read. It described
that Mr. Scott, one of the Overseers of the parish
in which Mrs. Walker (the wife of the prisoner) re-
sided, had accompanied that person to the office to
make a claim on behalf of the parish against her
husband, for an allowance for her maintenance; and
in the course of making that claim, it represented
that it had been stated to the Magistrate that Walker
had been tried at the Old Bailey for bigamy, and
had been acquitted through the plaintiff 's keeping
the witnesses against him out of the way. The re-
port principally related to the claims of the parish ;
and the matter-charged as libellous was only inci-
dentally introduced.
This closed the plaintiff's case.
• Mr. Sergeant WILDE said it was his duty, on be-
half of the defendant, to deny the publication of any
grossly scandalous libel, such as had been imputed to
him. The question for the Jury was, whether
Newspapers had or had not a right to give the
public information of what passed in that and other
Courts of the same nature, or of a subordinatejuris-
diction, provided that information was correct, and
was given without note or comment. The great
advantage which this country possessed over others
consisted in- the free publication of what passed in
the different Courts of the kingdom. By means of
such publications, men heard the opinions of the
Judges, on matters of law; they were warned of
frauds that had been attempted or committed, and
by such warnings they procured safety and protec-
tion for themselves. When such appeared, as it
would, to be the general character of the publica-
tions of this paper, he thought the Jury would agree
with him, that the motives and conduct of the Editor
Were entitled to every favourable consideration.
The account given in the newspaper he should
prove to be a most faithful report of what had oc-
curred. The Reporter had thought the case worthy
of some detail, and he (Mr. Sergeant Wilde) was of
the same opinion; for lie believed that the publica-
tion of such cases, would he of great service, as they
would teach constables, who, like this plaintiff, Instil'
undertaken too much, and performed too little, even.
of his common duty, that men mightaot always he
deceived with impunity, but that sooner or later
such misconduct would meet with the punishment
it deserved. In this case the plaintiff had neglected
his duty, for it was his duty to have seen that all
the witnesses were in readiness, and that.they were
prepared to attend the Court the morneat they'were
called on to do so. He had not only not done his
duty, but had been the occasion of others neglect-
ing theirs, for the witnesses were all,_present, and
would not have quitted the Court but at the desire
and solicitation of the plaintiff; and it was owing,
therefore, to his misconduct,,that the prisoner had
been acquitted. The defendint had made inquiries
which satisfied him of the truth of these things, and
he had, therefore, felt it a public duty to come into
Court, and put this defence upon the record.
Mr.' Charles Spencer Owen produced the copy
of the indictment and acquittal of Wm. Walker;
he examined it with the original. He produced two
certificates of marriage between WID. Walker and
Anne Grover, and William Walker with Anne
Williams,

Mrs. Anne Walker, one of the wives of. William
Walker,- proved attending at the Old-Bailey for the
purpose of giving evidence against her huOand, on
which occasion the witnesses against him were kept
out of Court by the plaintiff, Taylor. Mrs. Walker
afterwards applied for redress at the Hatton-garden
Police-office.

Mr. Mallet—l am one of the clerks at the Hatton-
garden Police-office; I remember Mrs. Walker's
application ; I have read, the report in the Times, it
contains a true report of the general facts that ap-
peared before the Magistrates, but with more than
What appeared; I think one of the witnesses began
to state that the witnesses at the Old Bailey had
been kept out of the way through the manoeuvres or
practices of the, constable, and the name of the con-
stable might have been mentioned; I think it pro-
bably wap,„lput,l am not certain.; I think the ge-
neral statement is fairly given, but I do not recol,
lect the dol ; it may be, that I do not recollect all
that passed.••

John Scott- -I attended at Hatton-garden Police-
osce in April last, on behalf of St. James's, Clerk-
enwell ; I have heard the report read in Court this
morning; the substance of the report is something
lils,a what 4cualt place, but Taylor was not mentioned
in rny hearing at all.
This was the defendant's case.

Mr, Sergeant ANDREWS replied.
Lord Chief Justice, BEST proceeded to sum up
-the ease to the Jury. He observed that it was an
action brought by the plaintiff Taylor, a constable of
Islington, against the proprietors of the Times
newspaper, for a libel. To this there were three
pleas entered, first, that the libel was not published,
bet upon that it would not be necessary for him to
say a word; the next plea was that it was true, and
if the
feudan,ltsu.ry
Tbehleiereyed ‘vatsha, they
another
t wpoleuald find fa ,
that
tirt thede-
was
a
correct ,report .of a case which had occurred before a
Magistrate; upon that plea he did not feel himself
called upon to offer any remarks; it was not neces..
sary to the present record. There was another case
on which he should before long be called upon for
his opinion elsewhere, when that point would be
decided, and until then he thought it unnecessary
w moot it in this stage of the present case; leaving,
hawever, the plaintiff open to take such future course
upon the paint as he should be advised by his Coun-
sel. The plea, then, to which he should confine
their attention in this case was, was the libel true?
In a criminal Court that would not be a question
for the consideration of the Jury; but in a civil
pott, where a 11140 bropgbt Ilia action car in-
jury done to his character by the publication olsome-
thing which he was alleged to have said or
done, the defendant-was allowed to prove the truth
of his allegation in bar of any damage claimed; for
no man could be allowed to ask for compensation
i'or an alleged injury, 'when 'it aroie out of the pub.
lication of that which was his own act. His Lord-
ship here read' the alleged libel, and also the
fadefend-
''That T 4 :et 11 tliht h plaintiff' Taylor a ft,
F'.Pt'P P
Illea of justification op the
e gro nncl of its
knowingly and unlawfully, kept back certain wit.i
nesses, who were to appear against a man named
Walker, for the purpose Of procuring his acquittal.
Now one question was—was this keeping back of
he witnesses done in ignocance,or with tO
shouldthe
tititbelievehe benefit
the ft°rfintlei tr,iiithtleilyt).NlvebmitlaZ vief tttee -Pular
of it, and find for him ;' but if they believed that 'it
was with the view of acquittal, for that was the
l
fe
called
st
de-
fendant's plea, they would find for the'defendant.—..
. ,
Jims t.Qrdscok WM; tll p f4os. proved, par ii,
bultifly on' the plaintiff` haring stated'
ihnt eh
tenheewm witness Co ronui rntwg; moltena:st
hnaott
nesses, in the loo‘iaecnir9ehsael
prove the mirriitge-register
Ittllhis;yatttarChki eaeinlnatigeraod:ttehl'ell ahem to prove
ft er wardi tO publi 0 -It butte, oh
the assurance that he would watch ; and on his send-
ing for them, declaring that they were wanted, and
tlien, when tney cattle to the, Court, statint that
they were 'to' kite,- for the trial 'Was , wick--+ fact
which, his Lordship observed, he must haVe known
two hours before, if lie had watched the case, as he
d pFprpiscd ie witnesses to do, These, his
kordshirninierved, were all strong circumstances ill
proof or ' the 'fact .thaatlyWr had 'oontiivek fruit
sinister motives, to 'keep the witnesses out of the
way. But there was a still stronger proof—and that
was'thp cOnduct of ' the plaintiff with respect to Mr.
'whosename the 'Jury had so. frequently
heard in the. f;onrse''pf f fre 010, Tht 4tiry heo,heerd
of the great anxiety of Mr. Taylor to remove all itri
putatien from his character. If he were so anxious,
why had he not called Mr. Manse ? Manse, it ap-
peared, was his friend, for whom he had received a
sOvidreign as a kind of fee for his assistance from the
proSeeKtors, and with whom he appeared to have

beeny ihna
darthievencor
bmeeunniccaaltlieoan?thrlotu%gvhasount
(t)theanciVelles'
that he was dead or had left the country, or that
could not be found. It was the duty of the piall'fot
to have endeavoured to find him, or to account...,
his non-production ; but nothin of that kindt
Ai
of
and the Jury must draw air- inference far °
by no means favourable to the plaintiff's case- of
his alleged expression of sorrow when he heiuubil
the acquittal of Walker, it -might be taken iu
favour, if it were not met by other and much atnj
circumstances. If, on the whole, the Jury o,to
believe that there was no fault to be attribliPro,
Taylor—that he had acted from ignorance nr
tentional neglect—they would find for him, to
such damages as they thoughts would satiskoe
justice of the case; but if they could not reconcile.lP
parts of his conduct to which he had alluded, l'Obe
honest intention—if, in short, they believed tbitio
acted with a view to an acquittal, they would4,Bl
for the defendant on that plea. Then, as to the
plea--that this was a correct report of a case is
„fr
had occurred before a magistrate--the Juryl7o
posing they could not make up their minds alipt
first
be
necessary
e;
ee be f
Jury
auni
rrdyy thhoithey should,es
refer
eeLordshipfe
ar
pt
appeared
et a
hwee hddoy it i
tdhe
not
oV disposedl
epld larsot.
cpoer
eco
dob
cons
Is/
gether,
Itir Iv
Tnehd round in the box, and after consulting iFis
moment, the foreman said thatthey werengr7o
their verdict as to that plea ; that' they follo'fr
the defendant, on the ground tat the allegatie!
specting Taylor was true.
The LORD CHIEF JUSTICE (addressing the Ofy
sel for the parties)--Then I think it will j)g
better course to discharge the Jury from A"
on the other pleas.
Mr. Sergeant ANDREWS said, he had no dforip.
tien to urge any thing against his Lords
wishes. , .7
48
Mr. PLATT submitted that the verdict 0.--he
plea of truth being in favour of the defendail.,,
was entitled to a verdict on the other plea, VP,'"
W" a correct report.

le LlOnr. (THIEF JUSTICE could not cOli
ed,r he could gohuttah:oatl,leagartetirown
hresatPe'lirtit
Tayior
e
calf nce; say to the Jury that the whole reportlt
scr exact in other points as to bear 014 the plea
it was '"a correct report.
.or
-After a short pause, in which the Court was
`cupied with the mention of some other Cause, •4J
Mr. PLATT mentioned a case in uhich the Pr,
Chief Justice of the King's Bench had held,
similar finding by a Jury, the defendant vies eutir:
to a verdict on the other plea.
1.11
The LORD CHIEF JUSTICE repeated fiat
thought it better to let the Jury be discharged:s,
finding on the other pleas. He did not think
was exactly the case on which the question as too
justification of a correct report should be raisel,oi
it was the less necessary as there was another;‘,
now travelling to the Exchequer Chamber, in
or the House ofLords,in which that point would:So
So
fully before the Judges, and in a more perfectire
than it could assume in the present instance.
ever, if it was desired, he would put the other?'
to the Jury. f
„is
Mr. PLATT—My Lord, perhaps the Jury
be disposed to find for the defendant on the
plea, as to the correctness of the report. Ishall
The LORD CHIEF JUSTICE—WeII, r net-
to them, but at the same time I shall feel it my cor
to tell them that I do not think it is exactly a

rect report, so as strictly to bear out that plea.
aio
The original finding for the defendant, on the
that the statement respecting Taylor was true► ior,
then recorded, and tfie Jury were, by consent)
charged from finding a verdict on the other flea:

•
the Iti s
population stated
iaty
inacnreasinedtelmligepnert
cenwritte,rt,htehitorillooll:
have extended to upwards of 220 per cent. '
ill'
mit' The three .ottutiate ppramts whoirpre
"-- f
jured on Tuesday by the explosion of gas at Covenl4
Theatre, and taken to Middlesex Hospital, were last
all doing well.
.SINGULAR Hum ANI Tir.—We -•retneinber:d
amiable enthusiast, a worshipper' f Nature after the niP.ll
of RoussitAti, who, being melted into feelings of unity'
philanthrophy by the softness and serenity of a 6,
morning, resolved, that for that day, at least, no it 2,01
animal should pollute his board; and having recorded
vow, walked six miles to gain a hamlet, famous
dinners, where, without an idea of breaking hisiseOzi
engagement, he regaled himself on a small low",
crimpled cod and oyster sauce.— Quarterly Review:.
PI VARYMAN, THE EFAHLTEH.-4S
_0
not - appear that any clue has been obtained to the:A
which this person has taken ; but it is wortlity. of
that he makes the fourth person in the same:-0540
within a few years have become defaulters to very, "', sy
able amounts—a fact which clearly shows either .f.,"
system is a bad one, or that the heads of the o''
monstrously relax in their dot)* Mr., VILLIERS, if rs
member tight, was found deficient some 50,000/4 #4
which he was turned out of office. Mr. Twranis ~
tok
sconded to .America with 18,000/. Mr. SIJ4IOSI Ils
said, was minus 10,0004, on the discavew of tillie.'k''
shot himself ; and, notwithstanding these ci 00
Mr. PERRYTIAN is 90freted to possess himself of ,R? to
knows how many, thousands the Public- money`, 'II?
decamp with it no one knows where. It appears t,i,.-14 it
amount stated in our paper,of yesterday viz. 20euv, Ibe
by no means the extent of the loss. It was on . 004
first discovery of his delinquency that this deticiroclo.
ascertained, and we are sorry to. learn that further it':,,"
gation has proved that a far greater sum "ieMains ,y
counted for. PERRYTIAN lived at Camberwell, vrbe'hii
kept a farm of 90 acres, and there was, nothing is,,.
general conduct to create suspicion.. it is,thoss'erlef
singular fact, that a half brother ofjtis became a def'ol
to Government, and was confined for years ittAPSO7494
Prison. The means of committing this, fraud were ali,,Aei
by the cashier having (very foolishly; we thin. 151,114,04
blank cheques, leaving them in the livid% gf r),I.V:'(O
his assistant-clerk, who has bean in the Navy Pay yi 01
nearly SO years. fu person the fugitive is, short,' an,d
rather a diminutive figure; He has 'a sharp intelbr
eye, and is of goOd address.—. Morning Paper.
______.ooo

BIRT}IS. P.
On the lath instant, ni Duiviieh, the lady °fate P.
.lohn Butt, of a soli. 10
At Pevonport, the lady of Lieutenant Jolla OW
Villiers Molesworth, of a daughter.

MAR Ft .IE4 she
On the 2d ult. 4 at the in B4rliadges,, 7,01'
y I.leraf)le ArchdeaconTh'cupas.i.euis, Wrs 01
son. of the late Admiral Sir' IThomas Louis, 'ffartiiot
Erizabetlibrasett, second daughter of Forster Clarke,
of the Garden, in that island.
.400
At St. Matthew's, Brixton, by the Rev. R. Cuttalfdi
John Cracroft Wilson, only BOR of Alexander Wilsopt
of Montague-square, late of Igadoos, tO 14* e
daughter of the lite Ihoinas Heieford•
On the 111th inktaint, it St: Andrew's, Holborn, IV pi
Rev. G. Beresford, Mr, Joseph Orlibar Cottingbalitt
Peter's-hill, Doeters'-eommons, to Anne, third t#o.
of Mr. Samuel Archer, of Kirby-street, Hatton-V.4h
On the 19th instant, qegrges
ftobert Urlstocr, Eg4Al Ilrthimote-park, 'to Mal,-`"
datighter of Joseph Twine Ilainsbarg,' Esq. of Wilts' tor
On the ISth instant, sit Maty Magdalen's, Taigsfy,
Me. •J. B. ,North; wine-merchant, Tawitop, to
eldest•daughter Of Mr... Willie!, pi. tite same place, she
• Ou the'ltith tkidekirk, Cumberland, bin of
Rev. •Joseph Ballantine Dykes, 51. A., John, secondlol
John Marshall, Esq. M.P. for the county of. I'o4
Mary eldest daughter of Joseph Dykes 13allan in9"..-
f.E5.4'.• of f4ayentfy, !:-
r
' • ' 140
On the 17th instant, at his house in Fen-cou.4
eoh
he had resided nearly half his lifetime, Thomas .1011! •
Esq. in the 80th year of his age.
• tie
On the 20th instant, in Illarpur-street, Queenliges
-Riehard ' Davis Cheryl., Vie.4oth yeaeof,ll,.•
after a prbtraletid inners tif IlvelYears. '
On the 15th instant, at Richmandi
Turner, daughter of the late Rev. William Ili 113 e"
Lorton, Somersetshire.
On he 14th instant, at Grelnwich,,Mrs. Jeans/
of the fate.o#l4toailt7c,CtiollPl liegingtl4 'ULM% °f
37th Foot, ' ' . • , ,i"'
On the Sd instant, at Gibraltar, a tLe fever,
lamented by his numerous family,, Mr. William HY
aged 46.
adv
PAINTED and PUBLISHED by MURDO (Irma,
SUN OFFICE, 112, STAAND: LoNDQ'.

To
'4.qt, a

Sam
• sari

Oftee.
,!41 be
44
,k 4,. the
beb

`~
.ROY
~~

:11
qotie,

Ty,
Of wh
'OM 1
4tUrz

Th,
Light
'eau),

440
, 448er
but ti
4W(

bed
laelii

%Tc

and
eito,
ttir]