The Sun.
London, England, 1826-07-31 00:00:00

NAVAL INTELLIGENCE.

Poarsmourit, JULY' 29.—The Gang-es is iiiiieeteci to sail on
Tuesday for Rio Janeiro. Yesterday one hundred supernume-
rarY Royal Marines embarked on board her for the squadron on
the station.

Remain at Spithead : Ganges, Blonde, imd Philoroel. In the
Harbour ; Victory, Melville, Spartiate, Pyramus, Galatea, He-
ron, Swinger, Asp, Cracker, and Dwarf.
The Ariadne, 28, Captain Fit2-Clarence, arrived at Gibraltar
in eleven days from Spithead, and was to proceed thence on the
let inst. for Malta.

Yesterday the Lady Flora, Captain Feyrer, R. N., sailed for
Madras and Bengal, having embarked her passengers here.
On Wednesday the Phoenix, Anderson, sailed for Dublin, to
embark convicts for New South Wales. She has a detachment of
the 39th Regiment on board to join their corps.
On Thursday the Osprey, Mr. Paget's yacht, arrived here, in
72 hours from Toningen, a town on the Eyder river i• this vessel
was at Copenhagen on the 13th July, on which day the Glouces-
-4" of 74 guns, Captain J. S. Horton, and the Lightning steam-
vessel, sailed for England. On the 17th, Capt. Kotsebue's Rus-
sian frigate, from a voyage of discovery, last from this port, arrived
on her way to St. Petersburgh. The Osprey went up the Baltic.
4.0 Kiel, and came thence through the whole country of Holstein,
by the Canal (66 miles) and down the river Eyder. The harvest
had all been gathered in, and was an abundant crop. The coun-
try is flat, but the necessaries of life are cheap.--Beef and Mutton,
of excellent quality, per lb. ; Flour 7d. a gallon ; Eggs, sd.
a score ; Ducks, six for half-a-crown ; Brandy, ss. a gallon ;
Holland., 4.5. a gallon ; and tobacco from 6d. to ls. per lb.
1.0040 a Wednesday his Majesty's gun-brig Swinger, Lieutenant
Geo. Win. Matson, was paid off, on which occasion the ship's
company presented Lieut. Matson with an elegant dress sword,
belt, and. epaulettes (prepared under Mr. Dudley's direction), as a
mark of their very great esteem and respect for him.
Captain Crouch is appointed Inspecting Commander of the
Coast Blockade at Stoke'e Bay.
A Court 'Martial Was' held yesterday on two seamen, named
Ranee and Clotworthy, of His Majesty's ship Hyperion, for a
breach of the 19th article of war, in using threatening language to
their commanding officer while doing duty in the Viper tender.
" oblige being proved, Rance was sentenced to receive three
hundred lashes, and Clotworthy thirty-six lashes.—Rear-Admiral
Sir Robert Otway; K.C.B. President.
On Wednesday, one hundred convicts were removed from the
bulks at this place, to on board the Woodford, Chapman, for Van
llieman's Land, also having stores on board for that Colony.
The yachts of the Royal Club, on our waters this week, have
not been so numerous as hitherto, on account of the Regatta at
15iYmontli. We have only noticed the Pearl, Marquess of Angle-
tea; Emma, Sir William Curtis, Bart. ; Jack-o'-Lanthorn, Mr.
Smith ; Eliza, Sir George ThOmas, Bart. ; Transit, Hon. G.
Vernon ; Hussar, Mr. Williams ; Swallow, Duke of Norfolk ;
the Commissioner's yacht, bearing the broad pennant of Earl
Spencer ; and the Soorpion, Sir Godfrey Webster.
The Coquette brig, a yacht belonging to Mr. Thorold, of Nes-
wick, will he launched on Wednesday next, at ten o'clock, from
Mr. List's yard, at Fish-house, in the Isle of Wight. The launch
of this yacht will present rather a novel sight, as she is com-
pletely rigged and fitted for sea on the stocks.--.-Hampshire Te-
graph.

nr.vortrowt, July 29.—The Java, 52, Captain J. Wilson,
will sail to-morrow for the East Indies, and will leave Mr. Read,
his Majesty's Consul General at the Azores,' of St. Michael's, on
her way to the Cape of Good Hope.
The Navy Board are expected to visit the Dock-yard on official
business in the course of next week.
A Court-Martial %VIA held yesterday on board the Britannia, to
try Donald Robinson, a private Marine belonging to the Badger,
Capt. Crowdy, for a breach of the 3d, 22d, and part of the 19th
articles of war. The Court found him not guilty of the first, but
guilty of the lid part of the charge ; but in consequence of his.
I°,l services and former general good character, the Court did
only adjudge him to receive 48 lashes on board his own ship--
CaPt. King, President.
Dawlish, Captain Robert Philpot, R.N. aged 55.
On Thursday, at the Royal Naval Hospital, Captain Samuel
Cordon, R. N. aged 50, leaving one daughter and two sons to
lament their irreparable loss. He for many years commanded the,
Dwarf mato on this station, and as an officer his character was
Well established in the service. His loss will be long and most
severely regretted by all who had the happiness of his acquaintance.
Lately, at Jersey, Capt. Philip Helpman, R.N. 'formerly of this
town.

LLOYD'S.—(Titis DAY.)
111 LY arrivals. Sailed the Ata-
lanta, Tate, for St. Thomas's.; Curfew, Strachan, for Marseilles
Fotheringhani, for Malaga; Rohy, Mawle, for
vannah ; Hunter, Mars, for the westward ; and the Concord,
Seriffin, for Bristol.

PonTsmooTit, Jur.Y 110.—Wind S.E.—Arrived the Ceres,
Harley, front Youghall ; and Le Constance, Le Conte, from her
hourg. Sailed the Doris, Haugh, for Petersburgh ; and .Bri-
tannin, Bouchier, for Bombay.
PINMOU Tit, JULY 29.—Wind S.—Arrived the Hull, Arthur,
from Hainhurgli. Sailed his Majesty's ship Dryad, and the Lay-
ton transport, for the Westward.
Fautourn, Jut 29.—Wind variable..—Arrived His Majes.
Ye brig Loyalist, from Plymouth, and sailed again, with mails,
for Lisbon.
CitNoA, JULY 19.—1 t is reported that two armed vessels,
under the Grecian flag, have been lately seen off Corsica, and that
they are cruising to intercept succour from Marseilles to Egypt.

. .
FATAL AFFAIR
BETwEEN• THE COAST BLOCKADE AND A PAIZTN'

OF ARMED SMUGGLERS.

ing.
Cinque Ports Herald Office, B"day Morn-
About the middle of last night a twelve-oared galley
with a cargo of contraband spirits, Sre. was run on
shore near the in Dover Bathing Machines,Bay, and
_
on being challenged by a Quarter-master and one Sea-
man of the Coast Blockade, the men in the boat,
thirteen in number, replied it is folly to oppose us,
and if you give the' alarm we will shoot yott; the
Quarter-master nevertheless, in the performance of
his duty, fired his pistol to summon assistance and was
instantly shot through the head, but whether by those
in the boat,.or by an armed party
of nearlya hundred,
who were waitiiig to receive
the cargo we have not
gin,ible to ascertain ; the other limn being secured
th goods were landed, and the galley put off to sea,
when atl Officer's party of the Blockade arrived in time
to seize about 2.5 or 30 tubs of spirits, the great bulk
°f the cargo having been safely carried off by the
smugglers -in waiting, unmolested. 'The Quarter-
master, • whose name is Morgan, remained on the
beach, uttering the moat heart-rending tries, until re-
moved by his chip-mates to their quarters in the Castle
Cliff, where be expired within twenty minutes after
receiving the fatal shot. ' - .

[FROM OUR OWN CORRESPONDENT. 3
DOVER, JULY 30.—We regret to state that an
affray took place here this morning about two o'clock,
between the Preventive Service and some smugglers, in
which a Quarter-Master of the name of Morgan was
shot; It appears that a smuggling galley attempted to
land close to the bathing machines, which being dis-
covered by Morgan and a seaman who was with hhi,
they immediately ran dolt) lo the boat, when they
were attacked by some of the smugglers, who threatened
to blow out their brains if they Occasioned any alarm,
or obstructed their landing the goods. Morgan,
not Withstanding this threat, fired'his alarm-pistol, mid
immediately received a wound from one of the smug-
glers, of which he died in about an hour. An inquest
will be held on him to-morrow morning.
During the confusion occasioned by this attack on
the cargo, part of the Quarter-Mister, the smugglers succeeded in land-
ingwhich was seized by the Reve-
nue Officers, and the galley effected her escape.
So daring an attempt to smuggle close to the town,
and very near a station of the Coast Blockade, by
armed men, has not been known here for some time
Past.

We understand the Quarter-Master has left a vvi-
dm, and family to deplore the loss they have thus sus-
t!tirted. Falling as he did in the zealous discharge of
nil duty, h is to be hoped that some provision will be
de for his family.

LAW INTELLIGENCE.

COURT OF CHANCERY.—(T)ns Di:.)
MORNING HERALD NEWSPAPER.

GLASSINGTON V. TIIWAITES.

Mr. ROUPELL replied in this motion which was
opened, and the defence heard, on Saturday. 'There
were two bills in the cause, am original and an
amended bill, filed by the plaintiff as an original part-
ner in the proprietorship of the Morning Herald
newspaper. The bills alleged that some of the proprie-
tors fraudulently parted with their shares in the paper ;
particularly that a Mr. Phillips, contrary to a cove-
nant in the deed.of partnershi: assigned over his share
to young Mr. Thwaites, to t e exclusion of the plain-
tiff as a partner. The bills stated the covenant to be,
that when a partner meant to retire from having an
interest in the concern; he should enter that petition
in a book, produced at a weekly meeting of
the proprietors, for enioiling their weekly pro-
ceedings, that the rest, or some of the other pro-
prietors, might have the option, in loreference to
strangers, of purchasing such interest. This entry was
alleged not to have been made of Mr. Phillips's inte-
rest, before he assigned it away. It was also alleged
that false entries had been made in that book ; that
proceedings were entered in it, as proceedings at the-
weekly meetings, which had never taken place ; that
proprietors' names had been put down as being pre-
sent, who never had attended the - meetings ;
that false statements had been made as to

the profit and expence of carrying on the
paper, with a- view to make the ' plaintiff erro-
neously think it was a losing concern, so that he
might have been induced to part with his share, which
he refused, though often urged to have done so by
young Mr. Thwaites. That the defendants had mis-
managed and misconducted the establishment ; that
they had misused the type, by having removed part of
it from the Morning. Herald establishment to another
part, where, and with which, they printed an Evening
Newspaper; that theytook away matter from the Morn-
ing Herald, matter which had been collected at the great
expence of the Herald •establishment, and printed it in
the evening paper, to the great prejudice of the former, &c.
against all of which the plaintiff prayed relief, and that
tie might be declared as a continuing partner. The de-
fendant, Mr. Phillips, had put in what he calledan answer
and disclaimer to both bills; but the plaintiff's counsel
contended that he could not meet a bill treating him as a
trustee for the plaintiff and other partners, by disclaiming
all interest in the concern.

Mr. Roupell made a great many observations on these
proceedings, but to no other effect than we have stated.
His Lordship desired him to proceed to inform the
Court what had been done upon those things called
answers and disclaimers.

Mr. Roupell said, the plaintiff, Mr. Glassington, was
advised to take exceptions to them; those exceptions
were referred to the Master ; the Master thought a dis-
claimer was no answer, and that therefore the ex-
ceptions were got rid of. in some way or other;
an exception wail taken to the Master's report ;
there was a difficulty in getting that exception bp-
fore the Court on a hearing, and therefore Mr. Glas-
sington was aditised to move the Court, that that
exception might, he struck out upon his peying the costs;
that was done;, and the present application was, that the
things called disclaimers and answers might be takeii off
the file.
Mr. AGAR wished t 9 supply what Mr. Roupell had not
thought proper to state, because he considered a great deal more
had passed than what had been now related.
Mr. ROUPELL thought he had answered the Lord Chancellor's
question, and as Mr. Agar had been heard on Saturday, he ob-
jected to ,any statement from him now. • o •
His Imensmr would reserve Mr. Agar's observatiLtAntil he
had looked into the documents in this most extremsly Curious case,
because in the whole course of his life, he had never seen such a case.

Mr. Rourzu. added, the Vice Chancellor, on a motion before
him, thought the Master mistaken in considering that a disclaimer
was no answer.

His Loßosinr was also of opinion that the Master wits wrong.
Mr. AGAR said that Lord Itedesdale had declared that a dis-
claimer was no answer.
His LORDSHIP said, there was no doubt that, strictly speaking,
a disclaimer might happen to be, upon the face of it, nothing but
a disclaimer, and yet that in one sense it might be an answer ; be-
cause, %apposing the bill stated that the defendant claimed an in.
terest, if the disclaimer disclaimed interest, then that would be
both afi answer and is disclaimer. But the question was, whether
if a defendant chose to christen a paper a disclaimer, the Master
was not to allow an exception ? •
Mr. AGAR thought the Court ought to know that the plaintiff
had moved befiwe the Vice-Chancellor for an order to proceed
upon the exceptions
!I is LORDSHIr wished to know what was done with that motion.

_ -
Mr, AGAR said, it was dismissed with costs. The answer and
disclaimer was put in on the 6th of November, 1824 ; exceptions
were taken to the Master's report on the 19th of January, 1825 ;
on the 4th of February, in the same year, the motion just alluded
to was made, that Mr. Stratford should proceed.
Ilia Lounantir desired to have the papers handed up to him,
that he might read them, otherwise he was sure be never would
get to the end of this ease. Ile had a brief in his possession that
was given to him at the bar, a greatmany years ago, by Mr. Dun-
can, a Solicitor, who had been brought up at the old school of so-
licitors. In the briefs that he gave there never was an unnecessary
word ; his briefs were seldom more than three sheets in length, an
the longest cases, and that used to be the length.of briefs. The
brief, however, his Lordship alluded to had upon it (which in-
clined him to think he ought to fold up this case in that brief),
these words :—" This is a case so extraordinary, that there. is
no one like it—no, mat in " Viner's Abridgment," six
and twenty volumes full." Now; the CAmrt thought that this
was still a more extraordinary case than that. The single ques-
tion wa l' when the case. was compressed, whether the plaintiff had
aright to take the thing. called answers and disclaimers off the
tile originally, or whether, if there was any other course of pro-
ceeding, if the plaintiff had adopted that other course, that adop-
tion had not been a pauing by of the opportunity of moving to
take them off the file. There could be no doubt in the world of
this principle, that a man could not shelter himself from answer-
ing
,because he had no interest ; for the case on a bill might be
a case in 4itieh.a defendant had no interest in one sense, but yet
a case in which he might be deeply accountable.
• Mr. AoAa desired to read one statement in the
Mr. ROUPELI. objected to it.
Mr. AGAR
(with much warmth)—But, Mr. Itoupell, you shall
not be at liberty to treat this cud as you have done, because we
all know very well that statements made in the* Court go forth

into the public newspapers.
His Loaosuip--0 Lord, dont let's hear any thing about news-.
PaPers.' In order not to throw tout any thing to be put into the
newspapers, I have just told you, that I shall read your papers.
Acaa......Yes, but when partial statements are made, your
Lordship
ought to hear the other:side.
His Limtpaute.—You had better let me have the papers, and
rts,
IsaY unquote about it at present, Nobody likes to read newspapers
betterten than I do, thou
some Couone sees a paragraph in them now and
not verl g
h
y p easant. Undoubtedly it has got into a practice
to state things for the purpose of being put into the
newsPaPers. Here the ease rests at present.

VICE-CHANCELLOR'S COURT—<Tms DAY.)

NROLIGIDICS OT SOLICITORS. .
t was.
ILII tiONOVIt, ill the course of the morning) a
said, that
unpleasant to himto have occasion so often to complain of Solici-
tors, as the business of the Court is frequently retar4otherekt
It ill highly censurable in them not to attend when causes in which
they are engaged mule on, .in .order to give such instructions to
Counsel as the neeiudort• may require.

COMMITTAL OP JOSEPH WHITELEGO.--.-ThiS
fellow, who read the inflammatory extract from Sherwin'S Re-
gister, at the meeting of operative I'm week, was this day com-
mitted by Capt. Humphreys, for want of bail. The amount re 7
quire(' was, himself 100/. and two inreties of 50/. each. He was,
fully identified by a witness, who was present at the meeting, and
who had known him for some time, indeed. Whitelegg himself
acknowledged to having read the article in
had been given to him by another person for thatfurpose; but that
he was ignorant of its inflammatory tendency, or he would not
have read IL—Stac #port Advsetiser. question, and that it