The Sun.
London, England, 1828-08-14 00:00:00

SPIRIT OF THE PUBLIC JOURNALS.

We described, in our account of the interest-
ing conference which took place between the
Allied Admirals and Ibrahim Pacha on the Gtli
ult. (inserted in our paper of Monday), the
earnestness with which the former pressed, and the
dexterity with which the latter eluded, the demand
for surrendering the Greek captives already
transported from the Morea to Egypt, and dis-
persed in slavery over that country. The French
Government, which now takes the lead in every
werk where oppression is to be redressed, or the
glory of a liberal policy acquired, has determined
not to listen to the flimsy pretexts on which the
wily barbarian justified the retention of his hu-
man plunder—of the fruits of his white slave-
trade. Accordingly, (as we are happy to men-
tion from an authentic source), it has appointed
a special mission to the Paella of Egypt to de-
mand the surrender of these miserable bondsmen.
This mission will set out from Paris in a few
days. It will be accompanied to Alexandria by
a force sufficient to secure respect to its claims.
and be followed with transports to convey back to
their native land such of those Christian victims
of infidel violence as have survived their horrible
sentence of thraldom.—Times.

Our city article dated yesterday describes the
suspicion at that time entertained by the mer-
ehants, that Ministers were perplexed as to the
line of conduct which they would be called upon
to adopt in consequence of the blockade of Ma-
deira, and their apprehension that the Secretary
for Foreign Affairs would not soon be prepared
to avow the policy on which the British Govern-
ment had decided. The latter branch of the
commercial uneasiness has since, unhappily,
been removed. Ministers have acknowledged
this unfortunate blockade of the last European
port rightfully belonging to a faithful friend and
oot meaning the word disrespectfully) depend-
ent of Great Britain—the blockade of a traitor,
a rebel, and usurper, not acknowledged in the
character under which he pretends to act by any
one Power of the civilized world,—a blockade
which affects the property and safety of hundreds
of British subjects, inhabiting the island in the
firm persuasion that their Sovereign and country
would protect them and the state with which
substantially they are incorporated. That the
blockade of Madeira did much embarrass the
Councils of the King's Government, we are
ready to believe ; that the recognition of such a
blockade, directed immediately against the rights
of Pedro, and the interests and honour of
George IV., is calculated in the end to relieve
the Ministers from their perplexity, we beg leave
to retain a considerable doubt. Unless it can be
pretended that every forcible Pbstru Ili on in-
terposed in the way of our national commerce—
no matter by what party, or against what party,
and without the least regard to the nature or mo-
rality of the transaction—is at all times and un-
der all circumstances to be submitted to by this
country, and tamely swallowed, we know not
how two such blockades as those of Oporto and
of the port of Funchal can be honestly recog-
nized or endured by a British Government.
Any pirate power--Algiers itself—might on this
precedent insist that England should acknow-
ledge an " effective blockade'' by a squadron of
corsairs, of a port in the dominions of the King
of Hanover, provided his Highness the Dev
thought fit to advance pretensions to the Hano-
verian Crown. Would such a case be tole-
rated at St. James's, we should like to know ?
And if not, why is it suffered to militate against
the rights' of the lawful King of Portugal ? We
are afraid there is some pedantry, or worse than
pedantry, at the bottom of this acquiescence in
the system of blockade as recently exemplified
on the part of England. When the interest of
other nations prescribes a disregard of such no-
tifications as those which announced the blockades
of Buenos Ayres, Oporto, and Madeira, who
is there but England that has not laughed
them to scorn ? This country will gain
nothing by their own submission, unless she
can induce other States besides herself to
adopt the whole code to which she so osten-
tatiously sacrifices the fortunes of her com-
mercial subjects. If other States do not ac-
knowledge the right according to its recent exer-
cise, (and France and the United States have
shown little respect for it in South America),
England becomes the chief end gratuitous eu-f-
-ferer, without the leastchance of indemnification,
because the nations which resist it when she is
at peace, will not be likely when she is at war to
he governed by it ; and she will not therefore re-
concile
them, by merely pleading her own prac-
tice, to a rule which is abhorrent to theirs, but
may perhaps provoke all the maritime states of '
the world to grant convoys to their merchantmen
for the express purpose of forcing blockaded
harbours. In the King's speech it was declared
that his Majesty relied on the august head of the
House of leraganza for taking such measures as
might best become him under the circumstances
which have occurred in Portugal. Now, this
expression of " reliance" means a determination
to be influenced by Don Pedro in their policy to-
wards his dominions, or it is-mere empty sound,
If, then, Don Pedro calls upon Great Britain to
begin by assisting him in the defence of Ma-
deira against one who is no longer a Portuguese
Prince, but being an outlaw, is thenceforth a
foreigner, what will he the answer of the British
Government to its "ancient ally ?" Suppose that
on the part of the King of Portugal Great Bri-
tain should he requested to take possession of
the island, and to hold it in the na.ne and on
the behalf of Pedro until he should be in a con-
dition to resume it, what, we ask, would be the
reply ? It is too obvious that from some fatality
or other, the abstract principles, both of non-
interference and of blockade, have worked, so
far as the British Government was concerned, ).n
a Wanner the most cruelly (we do not say (lox-
terousy) hostile to public liberty in Europe.—
The Constitutions of both Spain and Portugal,
and of Portogal the Crown, are victims to a
policy which .aseurnes the above principles: for
its bases. The influence of Great Britain in the
councils of both these kingdoms, and her esti-
mation with the most respectable inhabitants of
the Peninsula, are gone. France justified her
invasion and military occupancy of Spain, on
their conformity to their "interests' of the
former country. She knew' how to distin-
guish the substance from the. shadow,. i
" despotism at a(l.°):r'is Herand
:system then was
at Madrid. She maintained her system, and •
illustrated her pourer in the eye, of every
Court in Europe. What she did for tyranny,
England dares not do for freedom,---she
raises not a hand in its defence. 'Whether
in the East or West, France fills the throne
which we have abdicated. If captive Greeks are
to be redeemed from Egyptian bondage, a Bri-
tish Statesman tells us that redemption is im-
possible, because they are already skives—that is
to say, that because the injury ha, been con-
summated, redress cannot be attempted. Dif-
ferent and more igenerou9 has been the policy of i

our neighbours, who are .at this moment send-
ing a special mission to Egypt to achieve that
good which is here pronounced to be impossible,
and who, whether failure or success (the latter
we deem infallible) attends them, will have the
blessings of all Christendom showered upon the
name of France. So, if, a band of Portuguese
exiles—the hapless remnant of the military pa-
triots of Oporto—are to be cast out from Spain,
with no alternative but embarkation for a foreign
shore, or death by the executioners of Miguel, how
are they to be saved ? These children of British
interests in Portugal ! are they to be transported
into safety by France or England ?—in English
vessels or in French ?—to a French asylum, or
an English ? This question is answered in a
preceding article.—lLlA.
It has often been remarked, that the English
are clumsy diplomatists, and that when they
attempt finesse in their hegociations, they are
almost always outwitted. The Duke of Wel-
lington conceived that he could amuse the Rus-
sians, and ha has been made by them an instru-
ment for the furtherance of their designs.—
Another fine diplomatic artifice has been attempt-
ed with the French. If Ibrahim can be brought
to evacuate the Morea, the French, argued our
" Great Untaught," will he without a pretext for
an expedition to that country. It was supposed,
no doubt, that our fickle and astute neighbours
would be quite confounded at this master-stroke
of policy. They are not so easily at fault.—
There are, according to the Journalist supposed
to be most in the confidence of the Ministry,
additional reasons in the very determination of
Ibrahim to proceed to the Morea. "In the first
place (says the courier Fiancais), are the in-
tentions expressed by Ibrahim Paella sincere and
pure-from all intention to deceive ? England
has looked with a restless and discontented eye at
the preparations for our expedition. The silence
observed on this subject in the speech from the
throne at the prorogation of Parliament revealed
the soreness of the Cattinet of St. James's.
—There is no doubt that Ibrahim. Paella has
been influenced by the suggestions of the agents
of the British Government. Who knows

whether the resignation of the Egyptian Chief
do not conceal designs with which those even who
recommended it are not acquainted ? Might not

Ibrahim have calculated that the mere announce-
mint of his return to Africa would he sufficient
to lead the French Government to abandon its
expedition ? This project once abandoned, the
troops collected at a great expence at Toulon,
where their concentration is necessarily very ex-
pensive, would be almost immediately scattered
and distributed among 4 the different garrisons
whence they have been drawn. The occasion
would then be opportune for putting the last
hand to the vengeance of the Porte, and to an-
nihilate the wrecks of the property and popula-
tion of Greece. Do not the conduct. of the
Grand Seignor towards Russia, the deceptions
of Akermann, and the perfidies proudly pro-
claimed after their commission, in the Manifestos
of the Divan, authorise suspicions and fears of
this nature ? Besides, even if Ibrahim seriously
intends withdrawing from the dangers of his ac-

tital situation in the Morea, is it trot of import-
ance to superintend, with arms in our hands, his
embarkation and departure, thereby to prevent
the fresh excesses which would mark his with-
drawal, and serve to alleviate the sufferings of
his pride, if he had not to dread energetic repri-
sals ? Besides"—but we will not follow our
neighbours through their reasons, which seem to
crowd on them at every step. Alas, for poor
EiTlish Diplomacy ! We must, however, put
a good face upon the matter, and, as humanity is
deeply concerned, be prepared to rejoice that our
neighbours have the welfare of the Greeks so much
at heart as to fit out a costly expedition to
superintend the embarkation of Ibrahim. The
persuading Ibrahim to evacuate is the tribute
paid by our Government to the cause of huma-
nity ; and the French, not wishing to be out-
done by us, have determined to improve the. be-
nefit, by preventing its being accompanied by
any drawback which might be lamented by feel-
ing hearts when too late. But who will see the
French out of the Morea ? It has always been
understood, that the stores and troops of Eng-
land, so near to the Dardanelles, might, on an
emergency, bg of some consequence. But what
if the French in the Morea, and the English in
the Seven Islands, should have different views
with regard to the Turks and Russians ? These
are ticklish matters. We have no doubt, how-
ever, that our Government will act wisely, not-
withstanding all the airs they wish to give them-
selves of being of some importance, on an occa-
sion in which they are of very little. The time
is not favourable for our interference with effect
in the affairs of die Continent. Besides, if we
were to be s little ruffled, the Sovereigns might
feel somewhat like the witty Dr. South, when
he told an old bridegroom of eighty, who inti-
mated what would be the consequence of his de-
lay in performing the marriage ceremony, that
he might do his worst.—Morning Chronicle.

Thong!: the heads of the Civic Body remain
as hard and obdurate as Nature originally formed
them, not so the Magistrates of Westminster,
who, much to their credit, have relaxed from
the confined view which they seemed at first to
take of the Hotel Art—first, by licensing most
those which have applied to them ; and secondly,
by an open and laudable avowal of their own
wish to see the trade thrown open. To this we

have no doubt but it must come at last ; and the
present measure, we have as little doubt, will
tend, both in its execution as well as in the re-
sistance it meets with, to the same result. In-
deed, to talk of a free trade in foreign commo-
diti,e4, while any part of the home trade is
shackled with unnecessary restraints, is a solecism
which we must leave the advocates of the former
to solve ; and, of all things, the first necessaries
of life are the last on which any such restraints
should be.
imposed, But it for the sake of
the morals of the people that
the present
Licensing system has been established ! If that
was its object, it is finite notorious that it has
eles(si ineffecting it, and that not only
and vice have grown up and in-
dt totally
en failed
is:leriTC)g wings of that which
as out, but that many
licensed houses ark
sown and open nurseries of
sj,ease. ;(1 ,3 under,
r root
o t
t t e} fostering
continued „par after year
crime, and, as such,
with the full knowledge (and implied consent)
of those who possess the power to regulate this
precious guard over publ:r vlrtiie. Such having
d having failed,
as the effects of this system, an. ,
as it manifestly has altogether, in producing any
good at all adequate to its mischief andinconve-
nience, we hail every approach lowards.that ex-
tinction which, we trust, however slowly, most
surely awaits it. What, for instance, can tend
to encourage drunkenness mare than compelling
people to drink where they cannot- eat, which
Is the case with nearly all the ginshops in the
metropolis ? whereas, if the various eating-
houses, high and b'm, were not restrained from
yelling beer, many 3 111311, by completing hiH

meal at once, would shun the ruinous conse-
quences of adjourning to the alehouse after his
dinner. We look, therefore, upon this new
law, though passed only as a remedial Statute,
as one step towards an important alteration in the
Licensing System, and as bringing about that
circuitously, and by degrees, which the holders
of a valuable monopoly could not be brought to
surrender openly and avowedly.— lt4rning
Herald.

SUMMER ASSIZE INTELLIGENCE.

NORWICH, TuFsuAr, Aua. 12.

Thomas raughan.was. indicted for having broken
and entered the church-yard. of the parish of Great
Yarmouth, in this county, and unlawfully and inde-
cently dug and opened a certain grave there, and the
body of one Elizabeth Beck, therein buried, unlaw-
fully and indecently takers and carried away. The
second count in the indictment charged him with
having taken the body of a person unknown.
The present indictment was found at the Borough
Court of Great Yarmouth, and by the defendant re-
moved, by certiorari, into.this Court, in consequence
of the indignation excited in Yarmouth against the
offence committed within its walls. It- happened,
that in October last, a tumour prevailed in that
town, that the graves had been violated, and dead
bodies stolen for dissection. Amongst these per-
sons was Mr. Beck, whose wife had died in Novem-
ber last. He attended her funeral, and the corpse
was enclosed in a shrowd and dimity gown. The
body was missing. This increased the alarm, and
mothers, husbands, and all who had lost their rela-
tives, were seen running in a state bordering on dis-
traction towards the church-yard; others were ac-
tually seen carrying about with them fragments of
the coffins which had been taken from the graves of
their deceased relatives. The excitement through-
out the town was unprecedented. Inquiries were
instituted ; and it was found that the defendant had
been far some time residing in the town under cir-
cumstances of great suspicion. The defondant was
observed to go out at late hours in the night, bring-
ing in some articles in linen-bags, which were sent
off in deal boxes in the morning. At first it was
supposed that he was engaged in smuggling transac-
tions; but on farther inquiry it was found that the
prisoner had been carrying on, in conjunction with a
person of the name of Barber, the illegal traffic in
question.

George. Beek.---I lot my wife, Elizabeth, on the
4th of last November. She was buried in the public
burial-ground at Great Yarmouth, on the north side,
near the palisades. I went some time afterwards to
the grave, and found that it had been opened by
some one : the lid of the coffin was broken, and the
body gone.

Robert Barber—l lived in Ttereleß. I remember
the defendant: corning last year to my father's house,
and my father walked away with him. This was
after Michaelmas. My father returned in three or
four days. He left again, and again returned. I
don't know whether he went from home again.—
The defendant came on foot the Sunday after. I
went hark with him to Yarmouth. On the Mon-
day night we went to the church-yard, getting over
the wall. We went up to a tomb-stone, round
which there was an iron palisade. The defendant
then began to open one of the graves, desiring me
to stand behind one of the tombs to watch if any
body came. He then opened the grave, and took
out a body. It took about an hour ;he did it with
a shovel. I held a bag, when he put the body (a
female) into it. Ile then told me to pull the mould
into the grave, as he did. Defendant. said, "We'll
have another," and we got another in the same
way, and carried them to the corner of the church-
yard. I helped them over the wall, and the de-
fendant took them both into the stable in Bolter's-
row. On Tuesday morning we packed them in two
deal boxes, putting in sawdust and screwing the lids
down. I borrowed a wheelbarrow, and they were
put on to the waggon, the defendant having put on
a direction. My wages were 2/. a week.
Cross-examined by Mr. Serjeant STORK S 7-1 was
taken to gaol the week before Christmas. I first
talked with Mr. Coble about this affair. I have re-
ceived a subpoena to appear against my own father
in the next cause. A gentleman has promised me
that I should get off, if I appeared as evidence in
this case.

Job Horace proved making the packing-eases far
the prisoner; they were two feet four inches long,
14 inches deep, and the same wide. One day, at a
funeral, I saw the prisoner attending it : he looked
into the graves, and told me the ages of the people
buried in them. We made seven boxes in all. The
price was ss. tld. This was in October.

Mrs. Clarke—l made some linen bags. for the
prisoner, but it was innocently done. I'd no 'dear
what they were for. I'm so 'fused! They were to
be made as long as a woman's gown, and as wide as
a woman's apron, and to be sowed with strong
twine. Young Barber paid for them. The prisoner
and Barber said, " They hoped they should have
good lurk." I once saw the prisoner receive and
open a letter, and he shook his head sad, and said,
" It was but very little,"
Mr. Serjeant STORKS addressed the jury for the
defendant.

After which, the LORD CHIEF BARON, in sum-
ming up the case, told the jury that it was un-
doubtedly true, that without subjects, as they were
called, we could have no good anatomists or sur-
geons ; but it was the province of the Legislature to
alter the law which at present existed on this point :
they had only to do with the facts, and upon them
their verdict must be founded.

The jury, after some consultation, found the pri-
soner Guilty.

MAITLAND, CENT., ONE, &C. V. EINNEEROOK.

Mr. ANTmEws opened the pleadings, stating that
the declaration complained of two several libels pub-
lished of and concerning the plaintiff' by the de-
fendant, in a certain journal called the Norwich
Afercury.
Mr. Serjeant STORKS stated the case. By this
action the plaintiff sought. to recover damages at the
hands of the jury for a most gross and unfounded
libel on his private and professional character. The
plaintiff had exercised the profession of an attorney.
ever since 1799 with great success and untarnished
fame. In 1814 he went to reside at North \Val-
sham, in this county, where he was appointed,
amongst others, to the clerkship to the magistrates
of the hundreds of Tunstead and Happing. It hap-
pened that the magistrates of those hundreds had
appointed Mr. Shickle to be inspector of weighte
and measures ; and so zealous was that gentleman
in his office, that he gave great offence to the little
shopkeepers in the district, who liked not his-acti-
vity, and who complained that the fault lay not with
them, but with the great shopkeepers of Norwich.
He found reason, amongst others, of laying an infor-
mation, on, account of short weights, against one
Mr. Mordecai Colk. Mr. Colk was, of course, dis-
satisfied with the proceeding, and thought proper to
vent his complaints in the Norwich Mercury, the
defendant's journal. lie attacked not Mr. Shickle
only, but Mr. Maitland, who was merely clerk to the
magistrates, and had nothing to do with the.infor-
mation which Mr. Shickle had found it necessary to
prefer against him. He accused the plaintiff of mal-
versation in his office—of pocketing the fees received
on informations—and of transactions which no honest
man, particularly a public officer like Mr. Maitland,
could silently put lip with.
The libels were then read. The first concluded
as follows :

" And now, Mr. Editor, as Mr. Maitland has been so
kind as to style me Counsellor,' I will return his kind-
ness, and counsel hirp in the best manner I Rao able ; and
my advice is, that in order to hide the shame, obloquy, and
disgrace he has brought upon his own character, he should,
without delay, remove to some distant part of the country,
where he and his actions are wholly unknown, and there
endeavour, by good conduct, to be est•emrd and respected ;

" Co buy a rope, that future age may tell,
" He has at least laid out one penny well."
In the second libel the plaintiff wal charged with

" foul falsehood," with " scandalous and gross slan-
der," with being " a calumniator," and with some-
thing not very unlike taking a false oath.
The libels having been read,
Mr. KELLY addressed the Jury for the defendant.
Nis Learned Friend had thought proper to content
himself with proving and reading only the papers of
which he complained; but he (Mr. Kelly) would
lay before them the whole history and progress of
these proceedings. A Mr. Colk, it appeared, had
had some weights seized by the Magistrates of the
district in which he resided ; and this fact the
Mercury published to its readers in the columns de-
voted to articles of merely local interest. Mr. Colk
thought proper to write a letter of temperate expla-
nation to the Editor on the subject ; and the defend-
ant immediately inserted that letter. Not a word of
reelection did this letter contain on any individual ;
yet no sooner had it appeared than Mr. Maitland
thought it right to step forward, and accordingly
opens the dispute by a most laboriously abusive and
vulgar attack on Mr. Colk ; he talks of that gentle-
man " having published his own shame," and says
that the Editor, the present defendant, " must not
be surprised, as Mr. Coll; has set the ball a-going,
if he (Mr. -Maitland) keeps it up a little to Mr.
Colk's disgrace." He then goes on to talk of Mr.
Colk " having circulated his own infamy," and pro-
ceeds, in a style which skews him to be a complete
master of the vulgar tongue, to libel that gentleman
most grossly. To this letter the defendant published
Mr. Colk's reply, and then came the plaintiff's re-
plication ; and although Le in that letter thinks fit to
assert that "if his unfortunate pen is steeped in
poison, he is sure the public will think the venom
has been supplied by Mr. Colk," he (Mr. Kelly)
undertook to convince the Jury that the venom was
of Mr. Maitland's own , furnishing, and that through
the controversy be was the libelling party, what
was said against him being rather in self-defence
than a substantive and originalaccusation against Mr..
Maitland. In this letter, too, the plaintiff fairly put
the issue on the country ; he appealed to the power-
ful tribunal of public opinion, arid expressed himself
satisfied to leave the decision of the question to that
forum. He also thanks the Editor for his. impar-
tiality and kindness in admitting his own prolix and
vulgarly abusive letters. And could he, after having
so done—after courting and provoking the calum-
nies, if calumnies they be, which had been published
of him in the Mercury—can he now turn round and
ask a Jury for damages against the Editor of the very
paper which had made itself equally the vehicle
of his own libels and those of his opponent's ? So
this controversy (to use one of the plaintiff's own ex-
pressions, in speaking of these publications) proceeds
for some weeks,Mr.Maitland always soliciting the Edi-
tor to make the correspondence public,and courting his
opponent to come forward and answer his own calum-
nies. Under these circumstanes, what could the de-
fendant do ? Was he to admit the slanders of Mr.
Maitland, and reject the answers of Mr. Colk ?
What if he had done so, and Mr. Colk had com-
menced his action against the paper; what defence
svould the editor have had to such an action ?
Literally none; and if he would have had no defence,
then was he bound, on every principle of honour
and fair dealing between man and man, to publish
the replies to the letters 'of Mr. Maitland. Mr.
Colk might have been wrong in the question of the
weights; his weights might have been properly
seized by the Magistrates ; but still he had a right
to reply to the slanders published of him by Mr.
Maitland-; and the defendant had a right to insert
that reply in the columns of his paper. The Learned
Gentleman then read extracts from a variety of other
letters published on this subject in the Merrury by
Mr. Maitland, in which that person constantly called
on the public to decide against them, and begged
the defendant to continue the controversy ; never
for a moment telling the editor that he should hold
him responsible. After a variety of other observa-
tions, the I.earned Counsel contended that under
these circumstances. no action was maintainable.—
If he might be permitted to compare small things
with great, he would remind them of the most justly
celebrated political writings our own language af-
forded—the letters of Junius. if the author of
Junius had emerged from his impenetrable obscu-
rity, and had brought an action against Mr. Wood-
fall for the letters of Sir Win. Draper and the other
gentlemen who in Mr. Woodfall's publication ar-
raigned the motives and attacked the conduct of
Junius, what would have been the reply, even of
a jury of 1777, when the law of libel was not so
well defined as at this day ? In point of law, if a
person is attacked in a letter which consists of a
mere answer to one of his own, directed against the
writer of the one lie complains of, no action will lie
for a libel contained in the answer to his own- com-
position; and if, instead of giving the publisher
notice not to publish his Own libels, he elects to
put himself on the public for their decision, then
also no action is maintainable : the presumption of
malice is rebutted, and the act is done by the invi-
tation and at the solicitation of himself.
On the conclusion of the address of the Learned
Counsel for the defendant,
Mr. Sergeant STORKS submitted that the letters
of the plaintiff were not evidence in this action.
The LORD CHIEF BARON—I think the evidence
is admissible in mitigation of damages, hut not to
go to the root of the action. I, for one, will never
allow, till a decision of the highest tribunal tells me
such is the law, that it is an answer to an action for
libel in a newspaper to say that the plaintiff has pub-
lished, in other numbers of the same paper, equally
gross libels.
The letters were then read, anti in all of them the
plaintiff expressly put himself upon the public for
their decision, and certainly vituperated Mr. Colk
and others with no unsparing hand.
Mrs. Angel Lane was then called. The plaintiff
called on me since the publication. i told him I
thought he was the first aggressor in the contro-
versy with Colk, and that he had treated Mr. Coll;
very unhandsomely, and that 1 conceived the cir-
cumstance was not calculated to do him (the plain-
tiff) any good. He replied, "So far from doing
me harm, it has actually done me good, for it has
brought me clients from all parts of the country."
Mr. Sergeant STORKS replied, and
The Loan CHIEF BARON summed up very briefly.
This was an action for a libel published in a news-
paper; and it was not denied that, prima facie,
there was sufficient evidence, on the face of it, of
malice against the person libelled. But then it is
said that the plaintiff hail himself made this paper
the vehicle of his slanders against the author of this
libel ; but he (the Lord Chief Baron) had yet to
learn that that circumstance afforded a legal justifi-
cation of the offence. It was, however, highly pro-
per
to take it into their consideration in estimating
the . amount of the damages they would award to
the plaintiff. The plaintiff was entitled to some
damages, and they would themselves say to what
amount.

The Jury deliberated for. some time, and seemed.
very anxious to find for the defendant, when
The Foreman asked the Learned Judge, whether
there was any amount of damages they could give
which would have the effect of making each party
pay his own costs ?
The LORD CHIEF BARON told them that the
smallest coin would carry with it the costs•
The Jury again consulted, and the foreman again
addressed the Judge, and asked if they might with-
draw a juror; and being told that that could only be
done by consent, and the plaintiffdeclining to do so,
tliey again deliberated. At length the foreman said,
'We find for the plaintiff, because we miderctand
that in point of law we must; and we give hs,m oue
farthing damages : and we Rlzo wish, if your Lord-
ship has the power, that you would certify, in order
that each party may bear his own costs."
Mr. KEIJI- accordingly requested the Lord Chief
Baron. to certify, and so deprive the plaintiff of his
cost c, which the Learned Judge immediately did

WELLS, Are. 11.
The commission was opened on Saturday last, and
the business of the county commenced this morning
at, ten o'clock. Mr. Justice PARK preside:, in the
Crown Court. In charging the Grand ANT, his

Lordship complained much of the negligence of the
Magistrates, in not having, in compliance with the
Act of Parliament, returned the depositions at the
Judge's lodgings on the day appointed far the open-
ing of the commission. About half of them had been
lorolight to him last night (Sunday night), after ten,
and those which related to the most important cases
were only handed to him this morning, on entering
the carriage to come to Court. his Lordship ha►.
ing stated that the Magistrates were liable to he
fined for their neglect, went on to make observa-
tions upon a charge of rape, in which the circum-
stances were of a singular nature. The woman,
Newton, was unmarried, but living in a state o icon-
cubinage with a man named Triblett, in the house
of the prisoner Jenkins. Triblett, upon one occasion,
left home with the declared intention of not return-
ing that night, and (lid not return. In the course of
the night the prisoner visited the woman's bed cham-
ber, and there the fart occurred, to ascertain the
character of which was the object of the present in-
dictment. The woman, who made no resistances
alleged that she was deceived, believing the man to
be Triblett, her paramour.
Mr. Justice PARK told the Grand Jury that these
facts would not support a charge of rape, as the fe-
male herself had been a consenting party. After
some observations on other cases, the Grand Jury •
retired.

George Howarth was then brought up to receive
the judgment of the Court. The prisoner had been,
at the last assizes at Taunton, convicted on a charge
of having feloniously and maliciously cut and
maimed a person named Oxley, with a view to pre.
vent his lawful apprehension and detainer. The pri-
soner was sentenced to transportation for life. No-
thing else interesting occurred in this Court to-day,
except that some persons had the boldness to at-
tempt a robbery in the Court, and that they not
only succeeded in committing (he robbery, but also
in escaping.

WARWICK, AUGUST 12.

The Assizes for this county commenced here yes-
terday. The cause list contained only eleven causes
for trial, several of which were undefended, and the
others wholly devoid of public interest. Except a
tithe cause, fixed for Wednesday morning, and an
ejectment cause, in which the witnesses had not ar-
rived from Birmingham, the whole were disposed of
by Lord Chief Justice BEST at an early hour yester-.
day; after which his Lordship assisted Mr. Serjeatit
D'Ovtx in trying prisoners for the remainder of the
day. The calendar contained the names of SI pri-
soners, but none of the cases tried yesterday involved
any circumstances of interest or importance.
James Wood, Wilson, who was tried last Assizes
for robbing his employers, Messrs. Goodall and Co.,
the Coventry bankers, of divers large sums of mo-
ney, and acquitted, has voluntarily surrendered to
take his trial now upon a charge of forgery. Wink-
less, the accomplice, is also to be tried.
A man named John Turner, aged 32, was con-
victed of indecently assaulting two female children,
one eight near; and the other only six years of age,
with a felonious intent, in the month of May last.
Lord Chief Justice BEST sentenced bins to two
years' imprisonment and hard labour for each offence,
four years in all.
James Barnett, aged 19, was indicted for the
manslaughter of Thomas Cartlidge, at the parish of
Birmingham in July last.

The prisoner was sentenced to he imprisoned for
two months, and kept to hard labour.
Thomas Mantel, aged was indicted for the
manslaughter of Thomas Stephenson, by throwing a
hammer at him, which struck him under the ear.—
A quitted.

MAIDSTONE, Auc. IS.

.Tanzes Scudder stood charged with having admi-
nistered to Susan Cloudy, at Sutton-at-Hone, certain
deleterious drngs.
The prosecutrix:a girl of ordinary appearance, and
apparently about 20 years old, in the spring of the
present year, was living as servant with Mr. Nichol-
son, a farmer, near Sutton-at-Hone. The prisoner
was in the same employ, and also lived in the bouse.
An intimacy took place between them, and she was
led to suppose she had become enceinte in conse-
quence. Three months after the commencement of
the intimacy, she told the prisoner she was in that
state. She had then quitted Mr. Nicholson's ser-
vice. The prisoner met her by appointment after
'she had made that communication, and gave her a
small phial, containing a liquid, which he advised
her to take. She drank the contents of the phial,
and was shortly after taken ill, and vomited exces-
sively. She has since ascertained that she was mis-
taken in supposing she was in the family way. She
had a sweetheart before the prisoner ; hut was
never so intimate with him as she had been with
the prisoner.
A verdict of guilty was recorded.

Sentence was deferred, a point being reserved
for the consideration of the Twelve .Tudges, as to
whether an indictment for an attempt to procure
abortion could hold good in a case where it ap-
peared that the girl v as not at the time in a state of
pregnancy.

John Burgess stood charged with stealing a mare,
value 20/., the property of Thomas W. Parkhurst.
Verdict—Not Guilty.
. The prisoner was again arraigned for stealing a
horse on the 15th of November, 182 G, the property
of Mr. Lewis, of Lewisham. In a second count he
was charged with receiving it, knowing it to have
been stolen.

Verdict—Guilty of receiving it, knowing to have
been stolen. He was sentenced to 11 years' trans-
portation.

Stephen Cullen was indicted for burglarionsly en-
tering the house of Thomas Wraight, a farmer at
Challock, and stealing therein 3301. in guineas, half-
guineas, and 7s. pieces.
Mary Wraight is the wife of the prosecutor. On
the Rth of December she and her husband retired to
bed about nine o'clock at night, leaving the maid-
servant to fasten up the house. She awoke about i
half-past one o'clock, and perceived two persons in
the room, one of whom had a lighted candle in his
hand. They bad each of them a club. She screamed
out, and the men made an attempt to cover her head
with the bed-clothes, but she prevented them and
got out of bed. Immediately on her so doing, the
candle was put out. She ran to the room door and
attempted to get down stairs, but was pushed back
by one of the men. She then went to the window
and called for assistance, when the man who had
before stopped her came up and compelled her to
desist. He afterwards stood by her, and held his
club over her head. The other man passed into an
adjoining room, and broke open and ransacked the
drawers and cupboard. He returned, and, address-
ing his companion, said, " There is none there, or
I can't find it if there is." He then proceeded to
break open two boxes which stood in the bed-room.
He ransacked both, but took nothing from the first.
From the second she saw him take out a pipkin, in
which was five bags of gold. After possessing him-
self of the bags of gold, he and the other went
away. The bags contained money which had been
put by as the portions of witneF.a s five daughters.
She had plenty of time for observing the men, and
is quite confident of the prisoner being one of the
men.
Thomas Wraight, the prosecutotA allla4 01 very
advanced age, corroborated the sAccatint given by his
wife.
40111 Moort-Toft examined—His father keeps the
King's Head Inn, at Hollingbrooke. On the 9tli
of December the prisoner and another man Mme
and had some refreshments. Ho saw the man in
company with the prisoner take out a bag of gui-
neas from his pocket. The bag appeared to contain
about 0. They then left the house, but witness
havinga' a
having
person m
some
e suspicion,
ei°n'followed them, in company
with Smith. After walking out of
the village, the prisoner and the other man sat down
on the road-side, and were apparently engaged in
counting money. They sat there for about an hour,
and then got up and walked to the middle of the
road, and there threw away something, They then

HULL MARE:FT.—Aug. 12,
From the date of our last circular, the weather was fa-
vourable up to Friday, but that and the two following
days were showery. Yesterday and to-day have been fine,
and although we had but a moderate show of Wheat from
the farmers the market has been very dull, and the best
samples met slow sale, at a reduction of Is. per quarter,
and had sales of middling qualities been pressed, a still
further decline must have been submitted to. The farmers
in this district are now pretty generally engaged cutting
their Wheats. 'We have no alteration to notice in the va-
lue of Oats, hut the demand is trilling. Beans in short.
supply, and last week's prices fully maintained ; parcels
under lock are held at late prices, but ant much passing
in them. We have few English Pease offering ; bonded
parcels may be noted Is. to Vs. per quarter dearer. Rape-
seed and Linseed are both scarce, especially the former.
and prices rather dearer than last week.
Wheat, 01,1 66s. Ms. Now SRA. MI.
Foreign
Oats, Poland —s. 20s. 22q
Small or Feed.... —4. We. IRs. --5..r55110.
Foreign —a. Its. 22s
Barley, Norf. & Sut —q. —a. —a. Line. & Wold —4. —s.
Foreign —4: —a.
Peans lO4. 425. Foreign ...... ...--e. --s.
Peane, White —s ...a. Grey ...... —s. 325. 345-lareq
1areq —o We. 40e. Foreign ,.—s. :308.3*.
Rapeseed, in bond per last none. Free —l. 23/1 sia

DUMFRIES "MARKETS.—Aug 6.
GRAll4.—Onr market to-day was plentifully supplied
with Oats, both common and Potatoe, Oatmeal, Flour,
parley, &r. ; a number of sales were made, and dealing
was considered brisk.—The following were the prices :----,
s.d. s.d. s.d. s.d.
Wheat, Imp. Bush-, 7 0 to 7 6 Butter, 16oz O7toOP
Barley 1 6 4 0 Eggs, thaw; 0 5 0,0
20 24 Beef, per lb.
Flour, 111 b...... ....... .2 0 2 8 Mutton 0 3 0 5
Oatmeal lli 110 Veal 0 4 0 6
Potatoes, mt.
CATTLE 111nam.—Our show this week amounted .10
1,1'76 head of cattle, viz. 681' three-yr-olds and upward'.
431.tw0-yr-olds, 204 highlanders, 320 sticks, 107 queyo
and heifers, and 29 cows. The exhibition of drove cattle ,
entirely surpassed any we have had this season, and con'
sisted of Runts, Galloways, and Highlanders. The' best,
lot en the Sands consisted of 90 Angus-shire Runts; this
lot was bought at the lat.; Kinross fair, and for bone and
weight we have not seen its equal this year, and can hardly.
look for its better; it was disposed of in the evening et .
about 131. per brad ; the next best lot of Runts sold for

10/. fis. per bead. The Galloways were every way a good
show, and sold quickly; the best lot, principally four-vr-
olds, brought 11/. 10s. ; the next beet, atuOunting to 100
brought 11/. ; the third lot brought 10/. ; fourth, 9/. 91..; -
four lots of three-yr-olds brought 9/. each; several other
lots, although a numberof them were out of mialitions_
brought from 71. to 91. Although no prime hats of high—
lenders were on the Sands, still the show was considered
above mediocrity ; the best lot brought 71. per head—the
other lots were disposed of at from o/. to 61. 109. Deal-
ing in small beasts was not so br4k as formerly, although
we don't imagine that price' are any lower ; some lots
were driven off unsold. Fov cows were sold. Although
dealing in drove cattle was very brisk, and every thing
which was good was fold, prices are grievously complaine4
of, and we were inOrmed that on heavy cattle a fall of Lut,..,
per head has takes place within the last few weeks. '1 bi 4
day's show and sale of highlanders was for Barnet fair,
which takes ts'ane in a short time. The briskness of sale
in Runts, 1-eavy Galloways, &c. was no doubt attribu-
table to Me approaching great English markets. Melton
takes r.'ace on the 21st, and Northampton on the 26th cf:
Augsst.
MONDAY, AUG. 11.—During this day, and the end of
.'ast week, an immense number of heavy cattle have passed
through this town, from Ireland and Galloway, for Bar-
net, and the other English maikets, which take place iu
a short time.

Sheep and lamb-skins are selling here from lld. to 420 d%
Pigs, 19 carts—all the supply was sold off, but price*
are gradually coming down; from Ba. to 15s. per head
may he considerecdthe rate of the market.

STEAM BOATS.—Although there are at pre-
sent 20 steam boats (nearly double the number of way pre-
ceding year) plying regularly between the ports on the
Frith of Forth, or directly between them and towns in
other quarters, they are all well employed. It was feared
that the Dundee passage would not defray the expense of 6
steam packet, yet the Rapid has, within this last fortnight,
had an average number of 83 passengers each 44:L.—Cale-
donian Mercury.