The Sun.
London, England, 1819-08-07 00:00:00

THE MARLBOROUGH CASE.

Mr. TINNY expressed his regret that he had
been absent yesterday when the order was made
for discharging the receiver in this case, but be
now appeared in behalf of two other annuitants,
%chose interests he hoped would be attended to be-
tore the receiver was discharged.
The LORD CHANCELLOR was afraid he had per—
haps done too much in the affair of *the other an-
nuitant yesterday ; hot the case might as well be
mentioned to him on Month!, morning. Any future
applications by other annuitants could only be
made by filing a Bill.

THE HONOURABLE N. FELLOWS V. THE EARL OP

PORTsMOUTH.

The ATTORNEY-GENERAL, moved, on behalf of
the Noble defendant, that it might be referred to
the Master to inquire anti report what trees on.
the estate in question had been planted, and were
standing for shelter and ornament. His Lord=
ship would recollect that a motion had recently.
been made for committing the Noble Earl to pri-
son on account of his having cut doWn some or-
namental trees, an injunction having been previ-
ously issued, restraining him from cutting down
any trees of that kind. The injunction went fur-
ther, for as it at present stood, it prohibited him
from cutting any tree of any kind. Such, how-
ever, never could have been what the Court in-
tended by the order, and therefore the Noble
Earl had no alternative but to take this step. In-
deed. it was self-obvious that unless the trees
planted and growing for ornament were specifi-
cally pointed out, the Noble Earl would not be at
liberty to cut a single branch for the necessary
repaits of the premises ; and it never had been
his itrentiovi in any way to dilapidate the estate,
or deface it, by cutting down any ornaments ; for,
on the contrary, he was as anxious as any man
could possibly be to preserve its beauty, and
transmit it unimpaired to his successors. That
such a motion as the present could be opposed,
he would not believe, considering the anxiety that
the plaintiff had shewn in a former instance to
have the trees specified, and inch being the case,
he was confident that he would not, by persever-
ing in litigation for no purpose, continue to harass
his Noble brother, the defendant.
Mr. THEssLove followed on the same side.

Mr. HART said, be appeared a, Counsel for the
plaintiff, ' and must express his satisfaction with
the manner in which this motion was brought
forward, recollecting that it had been formerly
opposed when made.
The LORD CHANCELLOR said, that nothing
could be more clear than that this Court would
not pet mit any ornamental tree, even though de-
caying, to be cut down. In some plaCes the very
circumstance of their se decaying, was consider-
ed as high an ornment as could be. lie ordered
the motion to be taken in the terms of the in-

junction.
Mr. TRESSLOVE Said; one of the trees cut down
had been split by the wind, and for this the de-
fendant was threatened with committal.
Mr. HART—And so he should.
It was finally agreed to settle the minutes out
of Court.

SINGULAR CASE-.

SURGESSON a. SURGIISSQN.

Mr. HART Said, be was instructed to move that
his Lordship should discharge the Order of the
2d of August, 1816, and that no further payment
of 3001. a-year should be, made Lao We girl alleged

i.
plea-se him except she was a mother. he hat
considerable property in Englima. The plan lor
palming a child on tie Colonel was then dr.vi•tii
and a Mrs. Gibson told diionent that she wouid
find such a /child in Sycamore-alley as t•o t
their purpose. Tiffiher she went, and got
child, which was first taken to the I,o►tst' of 1F- t-
guson, a carpenter, 'anti then to defendant': house.
An annuity of 121. had since been settled on de-
ponent, but since Christmas oily 11. had been
re►►titted to her. Several (Eller affidavits were
then read, by persons connected wi h the plot,
all corroborating tl►e preceding ;Ise, and adding.

that a Mr. Fitzsimmons, a surgeon, was privy ,0
the scheme. That Gentleman himself acknow-
ledged his being concerned in the imposition.—
In answer to these, was the affidavit of Mr. Win.
Sewell, of which all that could be said was, that
it merely stated that he did not believe the story.
There was an affidavit also by Mrs. Surgesson,
denying the whole of the Case, and that there
had ever been a plan at the kind alleged, for the
child was regularly baptized as her child, having
been born by her. Some document's would how-
ever be produced which would prove that her af-
fidavit was not worthy of the least credit.
The LORD CHANCELLOR having looked at the
affidavits, said he c tuLd not read them, they be.
ing sworn before a Master of Chancery in be-
hind, and not in this country. Besides, the affi-
davits did not state that the case was to be heard
in the Mg!, Court of Chancery in England.
Mr. HART did not expect the case to have been
stopt on a mere matter of form.
The LORD CHANCELLOR felt it his duty to watch
most narrowly every word uttered by persons in
such a state and of such a character as the-se per-

►sons were.
Mr. HART said the whole object of his client
was dictated by the purest and most honest mo•
tives, and from a desire to do justice to the girl
and the family.
Mr. WINGFIELD protested against such being
the motives of Mr. Hart's client. That indivi•
dual had some letters sent by Mrs. Coningliatn
more than two months ago. Why then bad he
allowed the case to stand over, and why did he
sleep so long on it
The LORD CHANCELLOR—These affidavits m►►st
all be sworn over again. I shall not read them
as they are. I reserve also the question of costs.

UNIVERSITY INTELLIGENCE.

OXFORD,-AtIGUST G.

ECCLESIASTICAL PROMOTIONS.

'File Rev. Richard-W. Hutchins, B. D. Fellow
of Magdalen College, in this University, to the
Vicarage of New. Shoreham, Sussex : patrons, the
President and Fellows of that Society.
The Rev. Francis Thurland, M. A. Chaplain of
New College, has been appointed Minor Canou
of the Cathedral, Durham.
The Lord Bishop of Sarum has collated the
,Rev. M Rowlandson, D. D. to the Rectory of
Moukton Farley. Wilts.

Value of English Crowns, new emission.—The
English crown, coined since June, 1816, is
worth, in coin of the United Stairs, one dolt
lar eight cents, and half of a cent, or more ac.
citrately, dollars 1,08357. The half-crown is
fifty-four cents. and one quarter of a cent. This
estimate is founded on the relative weight of pine
silver in each. The crown weighs 436 4-11 eraii,s,
of which 3-40 is alloy. The dollar weighs 415►
gram's, of whiula 10,764 parts ate alloy.

:'x_ _ ---

LONDON JOURNALS.

FROM ITI7, NIORNING PAPER! OF THIS DAY.

{Morning Chronicle.]
THE PRINCESS OF WALES.

Her Royal Highness is now on her way to this
Mr. Segard, her Steward at Kensing-
ton, received a letter from her Royal I:Ugliness,
d ited Pesaro, Joly 2. stating her intention to leave
p'are on the 4th, and directing him to send
any letters avhich he might feel it necessary to
tiritire:i to her, to her Winker, Mr. Courts, who
knew where to forward them. Within this week.
Mr. St. Leger, the Vice-Chamberlain of her
Royal llielinesa, has received a letter from her,
atating, that she is on her ',route to London,
where she expects to arrive early in September,
and deihing him to apprise Miss Garth of her in-
tention.

country.

It wias the intention of Mr. Canning t►► make a
journf.y to Italy this slimmer with his family.—
Whether he will now procoel on the tour we
know not ; but a recent communication may ren-
der it unnecessary.

Extract of a Letter, dated St Helena, May 20.
" The GpverDor has been very busy lately at
Longwood, snperintending the placing of the iron
palisadoes, which he has bronght np to surround
the new house bui!ding for fitionaprte. About
500 men of the regiment are employed daily in car-
rying stones and other materials for completing it.
It is thought that it will be finished in eight or nine
months. So little is known of Buonap•arte, that
th& A!ithorities here have no other mode of ascer-
taining either his actual presence, or state of
health, than by the reports of sonic person who
,obtains a casual glimpse of him at his window, or
.sitting on the steps of the hiliiard-room.—The
20th regiment arc at FinneisTlain, sod are not
yet allowed to mount guard at Longwood, as the
GoTernor does not wish that tl►e pt isoner should
have any comm. niciti on with persons lately arriv-
ed from Etiriipc.---.`;ladame Bertrand is well, but
-t cry seldom comes into camp now, as the Gover-
nor sent word to Gdonel Dodgin to have her
watched and fol,owed wherever she went to. It
is said that Sir FT. Lowe is to be removed, and
that the Government will devolve to Sir George
.13:koghatn. Mr. Baxter, the Governor's body phy-
sician, who has been ill for a long time, has been
sent home, it is supposed with qispatehes. The
prohibition against the introduction of NeWspapers
into the island is as rigidly enforced as ever, and
I have only seen two for the last four months."—
(Rid )

Chili letters have reached town, dated 27th
Ai iii. In the whole of that section, entire'tran,
quillity prevailed, nor bad the Spaniards any
where made their appearance since their dislodg,
ment from the Arauca territory. Advices had
been received from the Independent Beet block-
adi,,g El Callao and the Cost of Peru. Lord
Cochrane had looked into the port and exchanged
some shots with the batteries and Spanish ships
stationed there, and a few men had been killed
and wounded on both sides. This is what the
Spaniards not long ago magnified into a defeat.
lie had made six prizes of some value, of which
one was a ht ig of war. Numbers of people came
off to him, so that he had a perfect knowledge of
what was pacsing ashore. No neutrals dared ship
cargoes, and they were proceeding away in hal-
last.—(Bid )