The Sun.
London, England, 1826-05-18 00:00:00

LAW INTELLIGENCE.

HOUSE OF LORDS, (Tuts DAT.)
THE DE LISLE PEERAGE.
Lord REDESDALE took a brief view of the circum-
stances respecting this Peerage ; he said that there
had been no evidence of any person having laid
claim to it since the reign of Richard the Second ;
that it was not likely it should remain so
.long in
abeyance, if the title had been well founded. It was
a matter of great doubt; whether or not a summons
and a sitting created a peerage in fee or not anterior
to the reign of Henry the 6th. If their. Lord-
ships should be of opinion that a writ had
not the effect of rendering a peerage inhe-
ritable in the time of Richard the Second,
it would be unnecessary to go into the evidence ad-
vanced in this case, as it would be decisive of it ; he
thought that this point should be first ascertained.—
His Lordship concluded by moving that the further
consideration of the case be adjourned till Monday,
in order that their Lordships might consider about
the fact above stated.
The LORD CIIANCELLOR gave judgment in the
case of Sir James Duff v. the Earl of life, affirming
the judgment below.
The further consideration of the case of Fletcher
v. Lord Sondes has been adjourned until ne.4t. Ses-
sions.

COURT OF KING'S BENCH—(Tms DAY).
RICHARDSON V. BANKS.
The plaintiff keeps the George and Dragon public-
house, on the Camberwell-road ; .the defendant's wife
was a laundress near the same place, and generally had
a great many women employed in washing. The
plaintiff had supplied the laundress with beer, between
the 24th of February, 1823, and the 29th of March,
1824, to the amount of 361. all of which had been
paid, except a balance of 71. 25., to recover which the
present action was brought.
Mr. CHITTY was Counsel for the plaintiff; and
called the. pot-boy to prove the delivery of the beer,
the delivery of weekly bills, and promises on the part
of the defendant to pay the demand.
Mr. LAW contended, that the defendant was not
liable for beer delivered to his wife, and not to himself,
not for necessary 'purposes, but for intoxicating her.
The defendant was a poor man ; he had been the driver
of Messrs. Lansfield's coach, but differing with them,
imprudently started a coach himself in opposition to
his late masters, who, it was alleged, had instigated this
action for the purpose of harrassing the defendant.—
Verdict for the plaintiff; 71. 2s.
BRITISII ANNUITY COMPANY.
GIBBINS V. CHABERT.
Mr. MARRYATT for the plaintiff.
The defendant held thirty shares in the British
Annuity Conipany, which the plaintiff, by his agent,
agreed to purchase on the 4th of December last,
at one pound discount. On the day on which
the purchase was made, or very soon afterwards, the
shares got up to a premium, and the defendant refused
to make the assignment of the, shares to the plaintiff.
The action was brought for damages sustained by the
plaintiff in consequence of the defendant's refusal to
complete his contract.
Mr. Savory was the broker who sold the shares to
the plaintiff, on behalf of his employer the defendant.
He identified the memorandum of agreement he had
giVen to the plaintiff.
Mr. Por.Locx, for the defendant, objected to the
reading of the contract, as it had not been stamped.
Mr. MARRYATT submitted that he was entitled to
give the agreement in evidence, without its having
been stamped.
The LORD CHIEF JUSTICE was decidedly of opi-
nion, that he could not treat these things, ;hares in
Companies, as goods, wares, or merchandise, -and
that therefore the memorandum of agreement was not
admissible in evidence.
Mr. MARRizATer could earry his case no further.
Maintiff nonsuited.

COURT OF COMMON PLEAS.—(Tins DAY.)
HARLIE V. HEMMING, GRAHAM AND CO.
Mr. Sergeant VAUGHAN stated, that this was an
action on a bill of exchange, of which the defendants
were acceptors. They were engaged in extensive spe-
culations in the New World, and, in raising money
for the South American Government in 1823,
they had conceived a project of purchasing mines,
anti for that purpose sent out, as confidential, agents,
Myon, Mouray, and Esther, who drew the bills on
the defendants. True it was, the defendants did not
sign their names to them as acceptors, but an accept-
ance may be by parole as well as by writing. A pro-
mise to pay amounts, in law, to an- acceptance ' • as to
the fact of the promise, it was for the Jury to decide
from evidence. The facts connected with it were
briefly as follows :--Mr. Esther, the confidential agent
of the defendants, having embarked in a mining spe-
culation on their account, borrowed fifty thousand
dollars, as a security for which he gave fourteen
bills of exchange, amounting to 11,4581. 6s. Bd.,
drawn on the defendants. Shortly after this they
opened a negotiation with the United Mexican Min-
big Association, and sold to them the mines which
Mouray and Esther had purchased on their account,
for the 50,000 dollars. Ihe United Mexican Asso-
ciation, knowing that these bills of exchange had been
given as security for the purchase-money of the
mines, undertook to pay the amount when due ;
but the defendants said that, as the Bills had been
drawn on themselves it would be more becoming that
they should take them up ; to this the United Com-
pany acceded, and actually paid the amount of the
purchase money to the defendants.
The Learned SER.JEANT contended that this
amounted to an express undertaking to pay the amount
of the bills ; he understood that the defence set up
would be, that when the Bills had been presented
in January last, for acceptance and refused, the
plaintiff had protested it for non-acceptance, and
therefore, in law, he was not entitled to recover
from them as acceptors ; but he maintained, that pre-
vious to that time, the defendants had accepted it by
parole, and this they could not wave by any act which
the plaintiff had done through ignorance ;—at all
events, if he could not recover on the bill of exchange,
he was entitled tona verdict for money had and received
by the defendant to his use.
Several witnesses were called to prove the filets as
stated in the case.
Mr. Sergeant WILDE addressed the Jury on be-
half of the defendant. He stated that the bill hav-
ing been protested for non-acceptance, the defendants
were not liable as acceptors; that though they were
bound by the acts of their agents, they ought to be
sued as drawers.
The CHIEF' JUSTICE said, that as there was a large
sum of money at stake, and no question of the fact re-
specting, the liability of the defendants, a verdict should
be taken for the plaintiff, subject to the opinion of the
Court, as to the legality of the mode of suing for it.
This was Accordingly acceded to.

ALDERMAN WAITHM A.N.

The City of London Tavern was yesterday a scene
of bustle, in consequence of.a meeting of the friends
of Mr. Alderman Waithman, which was held to, se-

cure 'that worthy klla? Magistrate's return to Parlia-
ment. The meeting was rather thinly attended, in
Consequence, we believe, of its being held at twelve for
one o'clock--,-an hour when most 'of the Alderman's

friends dine, and the pawnbrokers are most engaged.

Nevertheless, there was considerable activity, in conse-

quence, as we are told, of many being called out by
•
their wives, who had been kept waiting beyond their
who suspecting their " good men"
usual hour, and
to be at. the City of London Tavern, went thither to
bring them away. We cannot, however,- vouch
for the correctness of this statement ;—we are
iii considerable distress about .the report.—
Whether the Gentleman who attended for us Was
fearful of getting into the crowd round the table, or
had any other reason for keeping near the door, we
know not ; but we strongly suspect his report to be
rather erroneous on some. points.,
Mr. PA YWEL L took the Chair, and made a speech
about Magna Ghana and the Bill of Rights, and
supported the plan of returning Members free of ex-
pence. A Mr. HR.i,s EY proposed the first resolution,
which being seconded by Mr. CARTER, Wass of course
CARRIED. The following is a copy That the
Livery of London could be only adequately represent-
ed by persons whose past political conduct rendered
Iprofessions and prOmises equally Unnecessary."—Mr.
4UM E figured well ; and, considering he had come 50
miles
.on this occasion to attend the meeting, tra-
velled at great length into the merits of the worthy Al-
derman ; and moved—" That the long consistent public
life of Alderman Waithman, mid his ultimate know-
ledge of the trading interests of this metropolis, qualify
him as a Representative in Parliament."
Mr. DILLON urged the necessity of representing
every class, particularly shopkeepers, and seconded
the resolutioq, which was adopted.
Mr. COATES, the wine and brandy merchant, then
rose and said, that he was in good spirits, and should
give the Alderman his cordial support. He might
have a rum way of addressing them, but there was
ample proof of his sincerity; his .genuine convic-
tion was, that the Alderman's character was pure.

He (Mr. Coates) was not for importing strangers to ,
represent the City ; all the arguments together in its
favour did not weigh a dram. After a considerable
display of eloquence, in a neat speech very much to
the pint, the worthy Gentleman despaired not of
making their crusty opponents sherry oft; and bring
their friend safe into port.
Mr.HARNIER is said, in our report, to have ob-
served that, amongst the pleas which could be urged
in favour of the Alderman, whose interests engrossed
their attention, there were none to which their ene-
mies could demur, but many which were favourable to
the general issue. He would be bail that nothing
could arrest their progress ;—the verdict of every
honest man was in theirlavour, and he would appeal
to any judge of the question, if it had not been the
invariable practice of Mr. Waldman to oppose cor-
ruption ?—they could all bear witness to the slander
which had been heaped on the worthy Alderman ; but
upon trial he could just yy the conclusion that he was
not guilty.
Mr. WA IT qMAN was overpowered with gratitude,
and urged the greatest exertion, he had lost the last
election because 3.00 of his friends had not voted, for
him; he begged his supporters not to give his oppo-
nents an inch for they would take an ell; for himself he
would not give up a quarter Of a yard of ground—in
short he was determined to nail his opponents, whom
he treated as unprofitable customers, and to measure
every one of their steps. In his canvass he had been very
successful, he had received that morning 38 promises, and
only one answer that ran counter to his wishes; he would
not forget that he had received great benefit from the
prints, but the cause required great exertion. It em-
braced a wide field, one that could not be covered
with a sheet ; their paths were not velvet; they had
not a lawn for their peregrinations; and they must
mind how they cut their cloth ; but he did not de-
spair ; his hopes could not be cut qi, for his life
throughout had been all of a piece.---(Cheers.)
At the conclusion of the Alderman's address, a
great many were leaving the room, in consequence of,
as we learned, a manufactory bell in the neighbour-
hood calling a number of the Gentlemen to their
work; and the remainder `were also still further thin-
ned by the mention of the subscription. Several
houses were appointed fOr taking' in money, and it
was announced that the smallest donation would be
thankfully received.
We are sorry that our reporter did not sacrifice his
feeling a little on this occasion, and get near the lead-
ing speakers. We lost many good ,things that were
said, particularly L2Teat, part of the speeches of a pawn-
broker,who called the Alderman a duplicate of Alfred
the Great, an apothecary did not scruple to call the
Ministerial Candidates drugs; and,the foreman to the
ailor by the Bank, who, in the name of the opera-
ives in that respectable trade, declared the Alderman
.o be worthy of all the Siwick miners.

SINGULAR ATTENIPT AT SurcinE.---Yesterday
morning a boy named Jones, 12 years of age, residing
with his parents in Thomas-street, in the -ICent-road,
while at play with his sister in the garden at the rear
of the house, quarrelled with her on some frivolous ac-
count. At the time it occurred, the girl had been
exercising with a skipping-rope, which, in the height
of his passion, be seized out of her hands, and in-
stantly ran into the privy, where, it appeared, he at-
tempted to commit suicide. The sister, on observing
her brother bolt himself in; ran into the dwelling-
house, and informed her - father, who was obliged to
burst open the privy door before he could gain admit-
tance; when his feelings received a dreadful shock, on
seeing the boy suspended by the neck to a beam, with
one end of the skipping-rope tied round his neck, and
the other end made fast to the beam. When cut
down he was completely black in the face, and life
seemed extinct. However, animation was at length
restored by the perseveriug attentions of a medical
few moments longer mHanad,haenrdemthaienebdoay
viseryn,ow in a fair way of recovery.
suspend-
ed, it would have been out of the- power of human
means to have restored him. A
few days ago, a tradosimui, s wife in this place,
who had been tasting rather freely, and on her way
home was requiring assistance from the walls of the
houses, in order to keep her balance, was thus remark-
ing to herself----“ 111 luck
upo' Your imperial measures,
I cou'd hae drunken an' aurhaf-mutchkin ony day,
an' they war'na born that would hae kept it ; but this
dings a'."---Aberdeen
Last week, as some labourers were em p lod in
ye
breaking up and burning the turf on the estate of the gar; of car.
narvou, at ilighclose, they
incautiously set fire. to an adjoining
plantation, of which no leas than fourteen acres were detained,

TO WESTMORELAND FREEHOLDERS.

As I, last week, persuaded myself to lay before you,
in a correct point of view, two or three topics of con-
siderationtarising out of the approaching Election for,
the County of Westmoreland, on which misrepresenta-
tion had been attempted under the sanction of names
which I should not have suspected of such littleness,
I had the curiosity, (for neither duty nor interest in-
financed me, on the occasion,) to attend a meeting on
Monday last, of Mr. Brougham's friends and sup-

porters, in his third attempt to represent the' County
in Parliament. I had seen some small paragraphs

going the
,round of the papers, as trial balloons
are seen to precede the ascent of the grand exhibitor,
announcing universal support, and predicting un-

doubted success; and also an aavertisement, naming the

horn• and place for assembling. After such note of
preparation, I at least expected to Meet an assem-
blage, imposing by its numbers and spirit, and
well calculated to encourage and animate its leader
to the charge. Mr. Brougham had evidently formed
the same estimate of the effect of his call on the

Westmoreland freeholders, for he could not con-

ceal his chagrin and vexation when he • came to
measure his popularity and his prospect of success
by the numbers which .his call had brought together.
In a. sort of official report which I have just seen,
it is stated that the meeting was very numerous.
Form your own judgment on that point, when I fear-
lessly tell you that, at the expiration of an hour, there
were only between thirty and forty ; at the end of two
hours between sixty and seventy ; and at no point of
time much more than a hundred.

After having waited for upwards of two hours, we
bectune clamorous for the performers, and, after an
apology from the manager, they appeared. Mr.
Brougham complained of ill health, and exhibited
evident symptoms of disappointment and mortifi-
cation.

I will not trespass much on your time, but I vii
take the liberty of stripping the actors in this scene o
a little of the consequence they assumed, and the bu•
siness of the evening—of the deception and imposture
in which they clothed it.
Upon inquiry as to the property and influence in
the county of the actors in this farce, I learnt that,
with the exception of Mr. Crackenthorpe,,--and there
was evidently an assumption of superior consequence
in the manner and style in which he addressed us,—
the whole landed property in the county, of all the
speakers, would hardly suffice for a cock sparrow to
grow his own bread corn upon ; that prior to the two
last elections, few or none of them had any connection
with the county, and that their qualifications are now
of the humblest description, and but just legally
sufficient to justify their assuming the character
of freeholders at a tavern meeting, and giving a vote
at the election. By showing the non-existence of
their claim to our consideration on the score of pro-
perty in the county, I strip them of all pretension
on that point, to persuade us to thwart the wishes of
a Nobleman whose property is almost semi-extensive
with the county itself. Mr. Howard, who took an
active part in the proceedings of the evening, is, I was
told, a Catholic ; and if a sense of obligation to Mr.
Brougham, for his exertions to restore the Catholics
to that power and influence in the State, of which our
Protestant ancestors, after an arduous and glorious
Struggle, deprived them, influences him to interfere
in a Westmoreland election, I respect his motives ;
but, disregarding Mr. Howard's advice, in spite 01
Mr. Brougham's able advocacy of Catholic restitu'
tion to the political power which they abused ani
forfeited, and in defiance of all considerations of fear
or interest, I will vote against the man who recom-
mends us to surrender the fruits of the longest and
most sanguinary struggle that any nation ever main-
tained for political and religions freedbm.
Sir JAS. GRAHAM advised, in his speech, a close
and determined union to oppose the Earl of Lons-
dale, because his Lordship's recommendation has con-
siderable weight in influencing the Government in the
disposal of their patronage in the County. . Does
Sir James not know, that though we are an in-
dustrious, enterprising, and highly moral race, we are
poor ; and that nothing can be more acceptable to
such a population than a connecting link between
themselves and a rich patron or employer ? What-
ever weight the Earl ofLonsdale's recommendation has
had through the influence of personal character, or
extent of property, he has used it, as it has always ap-
peared to me, and, as I believe, the whole County can
testify, in favour of WeStinorefand men ; when West-
mereland men could be found as eligible as others.
Sever this connecting link, and we scatter the pa-
tronage even of our own county to be picked up
by strangers who know us not.
Mr. BARii.a.m (a West India Planter) thought
the battle of England was to be decided in Westmore-
land, and recommended, to the 'astonishment of many,
the return of Mr. Brougham in preference to that of
any other man for the county. This Gentleman,
however, did, not seem to have been sent for
the express purpose of protecting his own interests,
but of declaring to us that he was not authorised to
say that the present Earl of Thanet would advance any
money for the purpose of promoting Mr. Brougham's
election. Mr. Crackenthorpo, then, must appro-
priately, moved that every elector, on his side
of the question, should be left to find his
way to the poll, and back again, at his own ex-
pence, which was carried unanimously—the meeting
having been taken, in this point, by surprise.
There was one more topic, beside the. eternal one
of praising Mr. Brougham, in which one of the
speakers indulged with evident satisfaction, namely,
that though they might despair of success, they ought
to persevere, if it were only for the gratification of en-
expences on their opponents,—a sentiment which
shocked the feelings of the respectable part of the
meeting.
Of Mr. Brougham it was said, with truth,
that he has attempted, with much perseverance
and talent, but hitherto with no.success, to become
the emancipator of the Catholics ; the originator of it
system of education which shall confer a mental supe-
riority on serving-men and maidens over their masters
and mistresses ; the liberator of the West India Ne-
groes ; the subverter of our old institutions, and the
reformer of those abuses under which we have become
a great and a flourishing nation.
A WESTMORELAND FREEHOLDER.

The folloWing is an extriasctinof: licitttte::::::d7
that the
dated the Ist of May 1—" The misery in the interior of this court.:
try increases every day, and our wool, which forms one of the
Pcrouincnicipisloir tterecmg:taoulforrictllre improvement of wralblv)hliichas,petthiotiuognh.
einlcotnaihe deKrainde t6arem.s'upflpileki7otttohe dtiasaxrdeleapheeroPpr'ieters'from keep-
ing up their docks, in consequence of the surprising fall inthe
price of were),"

SCIENTIFIC INTELLIGENCE.

ROYAL COLLEGE OF PHYSICIANS.
Dr. Paris delivered his second Lecture yesterday
before the College. The subject was, the discovery
of' the alkaline. bases of Potassa, and Soda. In the
course of the Lecture, he happily comparei the ao—
nouncernent of Sir Hi pavy's fhoor'y VtiLic action
to the blosom which held out- to the philosopher a
promise of future fruitfulness ; a d the application of, it
this theory, -in effecting the decdropUsition of potassa,
he stated, might be considered' as the fruit of that
theory. The room was crowded to exeess, wain a twin-
her of those to whom tickets had been given, i.r.re
obliged to /nit the Theatre horn a want of*accornino-
dation. NNe cannot avoid expressing our regret that
an edifice, so splendid in its other apartments, should
be deficient, as to space, in the arrangement of its
Theatre, which was not capable of containing even a.
moiety of those who had obtained tickets of ad..
mission.

On Friday evening last the. Members of the Royal
stitution assembled in Albemarle-street, to witness

V. ,

~'`<~} f~

tO,tlOit

al,l

the 'experiment of Lieutenant Drummond, R. E., of
producing an intense light for the purpose of trigono-
metrical surveys. The lower part of theestablishment
was cleared for the occasion, and the influence of the
ignited pea of lime, at the distance of eighty feet, was
so considerable, that the visitors, who afterwards re-
sorted to the Library of the institution for refreshment,
were incapable of recognising their own friends, from
the ocular spectra which continued to dance before
their eyes. We were present on this occasion, and
were necessarily anxious to acquire from our
Scientific friends some rational explanation of the fact,
in order that our readers might be enlightened by the
reflection ; but so dark is every subject connected with
light, that we were unable to gather any information
of value. Moliere has, in a strain of Satire, which no
modern dramatist has ever equalled, expressed a com-.
binatien of ignorance and confidence in his cha-
racter of the medical pupil under examina-
tion, of which we were painfully but forci-
bly • reminded. The Doctor asks why opium
produces sleep ; " Because," says the Respondent,
" there is a donnitive power in that drug." " Bede—
Rede—respandis‘i." We naturally enquired why
the lime, submitted to the combined action of Hydro-
gen and Oxygen, should emit such remarkable light ;
the Professor replied—" Nothing, Sir, is so easily un-
derstood ; lime, under such circumstances, has the
power of throwing off radiant matter." The answer
was considered satisfactory, and the greater part of the
audience departed with a conviction that they had been
greatly enlightened by their visit !