The Sun.
London, England, 1828-11-07 00:00:00

lead been introduced. The Jury must be aware that
'by law their measure of damages must be the con-
duct of the plaintiff towards his wife, and the
amount of the comfort which he had lost by the bet
Of the defendant. He (the Learned Counsel) would
!see. that if a judge had, in his charge :o the Jury 10
Slid] a cat,e. addressed obeervatione to there, such as
bed closed the speech of the Learned Counsel for
the plaintiff, telling them, in effect, that they must
give the plaintiff damages. not only for the injury
the loss of comfort caused
done to his feelings, and.
by the seduction of his wife, but for the injury done
to the public morals by the offencecorntnitted by the
defendant as a married man, for his violation of the ties
of relationship and for the injury he had committed on
his sacred character as a clergyman; the verdict
(mimed upon such a charge, be the damages great or
bmall, would be subject to revision before a high tri-
bunal, and the judge making it Would be liable to
admonition. The law of the land—whether right
or wrong it WSS not for him to inquire—declared that
the offence of which he aeknowledged himself to
have been guilty, should not be punished criminally.
The Jury could not, therefore, without a neanifett
dereliction of their duty, inflict penal damages upon
the defendant. It was by the loss which the plain-
tiff sustained in his domestic happiness, the amount
of comfort of which he had been deprived, that the
Jury were to compute the damages. His learned
friend knew well, that, upon this point, the whole
efts* turned, and yet he had pursued a different
vourse. He adduced only letters eselected from e
number, and those which had evil's_ produced re-
lated only to a few months, and those" months con-
fried to 1820. True it was they were in terms of
strong affection, as letters mostly were when pur-
poses were to be served. :ambers of living wit-,
neeees might have been called to prove the terms on
which the plaintiff lived with his wife; there were
relations who might have been culled, and thee might
'have stated some circumstances which took place
with respect to the marriage, which was consurn-
Plated when the lady was no more thee 13. It was
on this evidence, or lack of evidence, on which the.
Jury were to give damages, -confining themselves
solely to the consideration of the pycof which'had
been of Bred of the plaintiff's loss of comfort feand
not give penal damages, Svhich must fall upon the.
defendant's family, which was innocent.
Mr.Permt, who presided as Seto-a-46r-, summed
•
up.
The 3ury retired ahoet• !a: qiiarter of an hour; and
on their return into Cowl, they declared that they
tise.ssed the damages at 2;0001.
[The Morning Cirn.tricle says, that the letters id.
luded to in the report of the speech of the Counsel
for the plaintiff, contained strong expressions of at-
tachment, but the,
,§olicitor for thie'pleintiff would
pot give our Reporter ifet‘iei• .14'Neeeieti thing
:vas done, that could tiiiNtenirthei4E:"
r)64.1,34ii ;;Lnl7,
Ireletion of the ease.l
. • esecescee

, -

;fit
INTELLIGENue.,

FRENCH PAPERS,
P4-alll the Gazette de Pnitiii; dated XOT. a.)

(rx.ITITX cor.REspoxpalicT.) ~s
VIESNA, OCT., 25.—The Rtisslans.hare got pos-
-session of Yarns, by the treachery of Juisuf, the
evtond in command in the fortress, who, with his
troops, laid dean his arms, after having conducted
the Russieni into the town, in the night of the 18th.
•of October. I-?is stratagems and proce,,lings dis-
couraged his soldiers, and the Captain Pacha thus
found himself unable to
.prolong the contegt. At
hug thus is the manner in which the surrender of
Varna is related here, and the more confidence is
placed in it as our Okerver itself speaks of it in a
lerj •iKluivoctl manner.*
Awtricen Obs.frver of the 26th gives the
Russian bulletin of the llth of October.
PLottaticn, OCT. 16.--r-The disputes between
'Naples and Tripoli have seAumed a very seriowA
charaCter, and the Government of Naples will have
some tliniculty in gattir9i-out of them with. honour.
it is making gent armaments, but it must hear
tew loan, and negotiation with the rosmopolite
baf:ite'r'i is already-spoken of. We are very atten-
tive to the affair 4 of the East. We do not under-
stand t;;... little success of the Russian arms, or what
advantage he Emperor Nicholas thinks to derive
from the blockade of the Dardanelles. This measure
'would be a serious injury to the inhabitants of Leg-
torn, and of all the ports of Italy. It is said that
several commercial houses desire to fir out privateers
in the southern ports of Italy, and that they ha% e ,
applied-for tr.t: purpose to the Russian Minister at
Naples..

(Fcnin the Jourlca/ du Commerce of Tuesday.)

Pacts, Nov. 3. I he evacuation of the Morea. by
Tutkish and Egyptian troops found in the
fcrtressc4 is probably effected by this time. A
vessel which has lately arrived at Marseilles brings
word, that haring put into Coron on the 10th of
October, it saw fire ships, with Ottoman troops. on
board, leave that port.
It is afFmned that a corps of Greek troops is being
Organised in the Mores, to consist of 4,000 regular
infantry, two squadrons of cavalry, and six companies
of artillery.
The Duke de Mortemart, who left the Russian
bead-quarters immediately after the taking of Varna,
will shortly arrive at Paris. Count Neipperg; Grand
'Master of the Household to the Arch-Ducheis
14, aria 1+0t1;412, who was brought to Turin in a very
ll'lrining.state, was at the last extremity at the de-
parture of the last pin.
letters from Malta announce that the Tripolitan
corsairs have taken seven Neapolitan prizes ; they
h,va been put under *seal by the English Consul,
and for the present colifotrd to his care. The crews
of four of the prises have been brought to Malta on
board of a Dutch ship.
(The Coors Authentique of TuesdaY did not come
to hand, and the Gazette di France, e.uted the .sth,
has only the prices of the 34.)
The Austrian Obserrer of the 25tik merely
ik News has been received that the It 1185./111 army has
ob-
teined possession of Varna, after part of the garrison hsti
ant-rendered at discretion, and the other, under the Cspitan
Pasha, made prisoners of war.

LISBON PAPERS.

" "'A wrgENT 01rJUSTICE ATID KCCLEatieTIcAL AFFAIRS.

ussox, ocr. 22.
" Most illustrious and excellent Sir,---liis Majesty,
bur Sovereign, has been pleased to order that the
Beard of Privy Council shall not consult lot the
possession or service of offices or other public etn•
ployments, persons whose sentiments are contrary
ti) the monarchical form of government established
by the fundamental laws of Portugal, or in ivlicm
there is not that fidelity to his Majesty which ought
to be in all true Portuguese, and especially in public
fatxs ; and even those in respect to whom, as the
above cannot with certainty be affirmed, there is,
therefore, a well-founded suspicion ; and the Board,
for the punctual fulfilment of this sovereign deter-
mination, is always to proceed to the most scrupulous
jnvestigattons, by magistrates of acknowledged trust-
wo, thines . And the Board must likewise prefer
those who, cairn; paribus, shall have given the
most proofs of adherence to the said form of monar-
ehical government. established by the fundamental
of fidelity to the King our
Sovereign. His Majesty
laws of .Portugal, and
is also pleased that the
same precaution shall bo used with respect to the
tamporazy promotions which the Board makes to
%Aces of justice.
LUIZ DE PAULA FURI'ADO DE CASTIIO
DO RIO DE 3IENDOCA.
Sar.her ANTONIO GOMEZ RIBEIRO.

Pslace of NiceFsidades, Oct. 20."
On the samo day a notice wits sent to the
da Consci‘iacia e 6rdetis, respecting the nominations
for the churches and benefices of the three military.
orcr, end f 9; all the offices and employments which
have to Le by it.
OcToasst Yl.--Yesterday arrived in this port in
tire days from Cudiz, the Portuguese yacht Senhora
de Soledade, having on board the crew of the Por-
tuguese galley the Triumfo Americana, consisting
of thirty-five •prisoners, including the Captain, Joao