The Sun.
London, England, 1844-12-05 00:00:00

et, Jou/Ikt ::,,Ant

LONDON, THURSDAY, DECEMBER 5, 1844.

Notwithstanding Mr. O'CoNNELL's apparent ear-
nestness in the cause of Repeal, and the prominent
manner in which he has put it forward at every public
meeting that has been held in Ireland for the last ten
years and upwards, we have always entertained an
impression that, being convinced at heart. of
the utter impossibility of his ever being able

to carry it, he merely agitated the measure with a
view to drive the English Government into doing
justice to the sister country, by, showing them how
thoroughly awakened the Irish mind was to a sense of
its wrongs, and how resolved it was no longer tamely
and sulkily to submit to them. That many others
were of the same opinion as ourselves on this subject, is
evident from the circumstance that. Mr. O'CONNELL
has at length deemed it expedient publicly to disclaim
his having been influenced by any such motivei, and
to insist that in his agitation of Repeal he is as sincere,
as sanguine, and as enthusiastic as ever he was in his
agitation of the Catholic Emancipation question. At
the last meeting of the repealers in the Dublin Con-
ciliation Hall, the lion. and Learned Gentleman thus
emphatically expressed himself :—" The English
newspaper of the. Dissenters,;; the Patriot, alleged that
he was looking for repeal, not in order to obtain it,
but in order to coerce England to do some-
thing in the way of concession or justice to Ire-
land. That was a total mistake, and he wished the
people of England now clearly to understand that
there was nothing equivocal in his looking for Repeal,
and that England could offer nothing short of Repeal
which he would accept." This language is explicit
enough. As the Duke of WELLINGTON told Mr.
llusKisson, " there is no mistake here." Mr. O'Con-
NELL really is sincere in his repeal agitation; and not
only this, but he will take nothing short of it from
the English Government! Was there ever such an
instance of arrant infatuation, to use the mildest
term ? „With the QUEEN—the two Houses of
Parliament—the majority of the English people, and
no small;portion of Irishmen of the more respectable
and influential class—with all these various
powers warmly opposed to a Repeal of the Union,
what earthly chance has Mr. O'CONNELL of ever
being able to carry it ? He deprecates, we see, all
idea of having recourse to physical fore°, ancj tho

current of public opinion has set in strongly against
his crotchet. How, then, is Ise to bring it to a suc-
cessful issue ? We almost doubt whether he has
ever thought of seriously putting this question to
himself, or he would not persevere so strenuously in
the agitation of a measure, which, in the first place,
is impracticable ; and, secondly, if practicable, would
be attended with the most ruinous results to both coun-
tries. That Repeal is popular among'tbe lower classes in
Ireland is natural enough, for it is placed before them
in the most specious garb, and their profound igno
ranee prevents them from detecting the, real nature of
the humbug. They dream--alas, how idly I—that
it will supply all their wants; remedy all their
wrongs ; pay all their taxes ; give them as much to
eat and drink as they could desire ; render them in-
dependent of their landlords ; and enable each, and
all of them, to live like gentlemen, working just
when they please, and making holiday when they
please. Such are the agreeable expectations which
the thoughtless, sanguine masses of Irish peasantry
entertain from a Repeal of the Union with Eng-
land ; and in these flattering delusions they
are artfully encouraged by their leaders, who
never let pass IT_ opportunity_ of insistink on
the wonderful benefits that would accrue to them
from the restoration of their old Parliament in Col-
lege-green. No Repeal agitator ever thinks of giving
them a common-sense view of the question—of show-
ing them the reverse side of the picture—how the
internal discords, and jealousies, and distrusts, and
divisions that would infallibly ensue from Repeal, would
have the effect of driving capital from the country,
putting an end to all commercial enterprise,
rendering the landlords more keenly and selfishly
alive to their own particular interest than ever, and
adding tenfold to the difficulties of the peasant in ob-
taining even the scantiest subsistence. No repeal agi•
tator, we say, ever thinks of giving any other than a
one-sided view of the question. It would not
suit his party purposes to do so, and ac-
cordingly the restless and sanguine Irish masses
are left to anticipate all sorts of benefits from
Repeal, not one of which will ever be realised. This
is a sad state of things to contemplate, and the only
remedy we know of, consists in the prompt introduc-
tion of such a system of popular education into Ire-
land as shall give the peasantry a better insight than
they now possess into their real interests.

The operation of Sir ROBERT PEEL'S banking
legislation is now beginning to develop itself in good
earnest. It is with no feeling of satisfaction that we
note the gradual, but we fear inevitable, fulfilment
of the predictions which, from time to time, we have
hazarded as to the results that would ensue on the
famous "complement," in 1844—0 f the disastrous
urror of 1819. And yet that error was sufficiently
comprehensive and various in its character, one should
have thought, to have rendered unnecessary the fur-
ther tampering of the "renewing" and "regulating"
statutes of last session, touching the charter of the
Bank of England, and the circulation of joint-stock
and other banks of issue. For there are few men of
'ordinary intelligence, who will venture at this mo-
ment to deny, that the Currency Act of 1819 has
diminished the resources of this nation some fifty per
cent., through the destructive action of suddenly pro-
claimed gold prices on the industrial and productive
classes, in the shape of enforced and unnatural dimi-
nution of wages, and through the stupendous injus-
tice of compelling all persons under liabilities which
had been contracted in the previously-established
paper circulation, to redeem them in gold at a fixed
specific rate of value, instead of at its current market
price. Nobody now doubts, who has once taken the
trouble to examine into the very simple elements of
this question, that the establishment of a cheap gold
standard, with natural or gold reduced prices and low
gold wages, has had the effect of throwing the great
burden of all our indirect taxation upon the shoulders
of the very industrial classes whom it has so cruelly
mulcted in the wages which would otherwise have
easily borne it. Sir ROBERT PEEL'S early initiation
into official station appears to have rendered familiar
to his vanity the notion that he has received a mission
to turn his hand to any and every species of remedial
statesmanship. Heaven knows, he will never reap
the graceful praise bestowed on poor GOLDSMITH—
" Nihil tetigit quod non ornavit." His monetary law-
making began, has continued, and will terminate in
mistakes. He mistakes the first element of money—
which should be representation of value, not value
itself. The presence of intrinsic value, if deemed in-
dispensable, in any well-regulated circulation, is suf-
ficiently provided-for by such a quantity of gold and
silver bullion as may serve to represent, promptly
snd conveniently, the balances of our transactions in
foreign commerce, and perhaps in our internal trade.
Retained for purposes like this, it does not impede,
but facilitate that commerce and trade. It does not
reduce the prices of the products of our highly-taxed
industrial population to the level of the natural or
gold prices necessary to remunerate the far more
lightly, if not wholly untaxed, producing classes of
the Continent. It leaves the circulation of bank-
notes to its own natural tendencies to expand or ,to
contract, according to the demand and supply of
" Money," or -its larger and more proper significa-
tion in the market. It does not, by the dangerous
high-pressure of artificial limitations on the quantity
of money which the producing power of this king-
dom requires for its representation, positively and
iniquitously and ruinously prevent the distribution of
wealth. But Sir R. PEEL having thus determined
to have only intrinsic in lieu of symbolic money, or
at least to tolerate symbolic money only under the
unqualified condition of its immediate convertibility
by the issuers, into gold, on demand, at and after a
fixed rate of 3/..175. 101 d. per ounce, next proceeded
to make this condition, to the best of his power, if
not impracticable, destructive of the permanency of
his gold system. To pay bank-notes in gold, it is
evidently necessary to be provided with a sufficient
quantity of that metal to equal the amount of bank-
notes at any time outstanding. This it would ever
be a sufficient . puzzle to procure under any circum-
stances. But by the profound expedient of perMit-
ing gold to be sold and bought as freely as any other
commodity, and thus enabling it always to command
its market price, and therefore its fluctuating price—
the market of the world has always run against the
Mint on Tower-hill. At the Mint they were com-
pelled to issue, and at the Bank of England they
were bound to pay, as well as to receive
—gold at the Act of Parliament price. In
Cheapside, or anywhere else, gold might be
fetching a price from four or five, to twelve
and twenty per cent. higher. So the Bank
was always in danger of being drained, even despite
its extensive purchases of gold in the very market
which had just drained its coffers, at such an advance
on the price it had itself issued at; and despite the
still more mischievous and sudden contractions of its
issues of notes, rendered imperatively necessary by
its perpetual liabilities to this run for gold. In 1844,
neither former blunders, nor the prices and the
crises consequent on them, nor the destruction of
.many eminent banking and mercantile firms, nor the
sudden, cruel, and needless overthrow of many
ample private fortunes, had cured Sir ROBERT
of this fatal propensity to interference with
matters monetary and commercial. As in 1819
he had been scared by colossal windmills, in
the shape of adverse foreign exchanges, so, in 1844, he
was frighted out of his propriety by two more mar-
venous discoveries. He discovered, first, that there
was a tendency to excessive speculation in the com-
mercial interest ; and therefore he started from an
arbitrary point, with a given entire circulation as
that which he thought adequate for the wants of the
country, and which, by the division of the Bank of
England into two 'numbers, a bank of issue and a
bank of deposits, was always to keep for that corpo-
ration a sufficient store of bullion in its coffers to pay,
all its own notes presented for that purpose. He dis-
covered, secondly, that the amall-note circulation
permitted to Scotland ought no longer to continue—
not, however, on the equitable ground that not
being permitted to England it ought not to be
allowed in Scotland, but on the assumption
that it was injurious for the latter country. Well, at
the end of last session, these views, except in so far
a 3 with regard to Scotland, their carrying out was
Postponed till 1845, were affirmed by Acts of Parlia-
ment. Since then, spemdation—which it was his
avowed object to repress—has become rampant,
throwing itself into railroad projects of all kinds and
prospects—and foreign securities, good, bad, or in-
dif?erent-•--with a prodigality, savouring almost of
insanity ; and with results, the period of whose de-
velopment has not yet arrived, but will' ere long
§holy themselves in characters very intelligible. Sipes

then, legitimate commerce, which it was his avowed
object to uphold and encourage, has so seriously
declined, that the market for colonial pro-
duce, for example, is left almost without buyers,
according to our Mincing-lane Circular of the day
before yesterday. Grievous complaints are made of
the almost total cessation of purchases. Would
either of these results, both of them so deeply to
be deplored, have occurred, under a monetary sys-
tem founded on a basis of symbolic money issued
from responsible quarters, and a quantity sufficient
for the legitimate purposes of representing property
seeking investment or distribution ? We boldly an-
swer in the negative. The very same causes—the
selfsame impolitic tampering with private credit, and
the elasticity of commercial confidence—which the
Act of 1819 called into such desolating energy in
1825-26, will assuredly bring about, ere many
months, at the utmost, have passed over us, some ter-
rible convulsions, again, if, in the meanwhile, Sir Ro-
BERT persevere in tightening the screw which already
paralyses our national resources by its unnatural ten-
sion. He is, it appears, determined on next experiment-
ing upon Scotland. She shall not have 11. or one guinea
bank-notes. It is inexpedient for her welfare to retain
them." Indeed ! She has now possessed them about
140 years. With them, and with her present system
of banks, she has survived the shocks of two native
rebellions against the Imperial Government; she has
reclaimed her sterile wastes, improved in the most ad-
mirable and advantageous manner the whole face of
her arable soil ; beautified, aye, and built, magnificent
cities and towns, and, aided by the intelligent saga-
city and industry of her people, outstripped almost
every other competitor, in the proportion of her means,
in the rapidity of her career of national prosperity.
Her monetary system has afforded all encouragement
to industry—all development to trade—all facilitieS to
agricultural improvement. Surely the shrewdness of
the people of Scotland will not permit solid advan-
tages of this kind to be immolated to a worthless
crotchet of the Premier's. But they must go further
than they intimate their intention of doing. They
must vindicate the broad, general, practical principle
of that symbolic money, and that expansible mo-
netary system to which they owe so much ;
and not content with simply averting from
themselves the infliction of an enormous scheme
of currency regulation which has worked se much
injustice and mischief to England—and because Eng-
land is their own grand mart and customer, has pro-
portionally prejudiced their own interests. They
must insist on the Premier's retracing the steps he
has taken, or his repealing the Act of 1819, and its
supplements and complement ; and on his restoring
that tried and salutary monetary system, which can
alone secure to the dormant capital of this empire its
full evolution ; to its productive power, its full energy;
to,.its industrial classes, " a fair day's wage for a fair
day's labour ;" ..and the distribution, in the shape of
these legitimate wages, of a fair proportion of the
wealth they. generate ; to its manufacturers and ar-
tisans, remunerating prices, not artificially kept down
by a cheap gold standard; and to the whole country,
the full and absolute benefits of that free trade which
our geographical and commercial position so well
qualifies us to realise, but which we are deliberately
convinced no other means, whatever, can enable us to
arrive at, of which this return to the better system
of currency that we have foolishly abandoned, is not
a primary and essential element.

Madrid papers, of the 27th ult., contain some de-
tails of the melancholy events at Logrono. A letter
in the Gazette states that the other son of ZURBANO,
BALLANAS (his aid-de-camp), and five others had
surrendered to the General commanding in that dis-
trict, and were immediately ordered to be shot. Several
others, who had surrendered at Burgos, had under-
gone the same fate. ZURBANO still continued to
elude his pursuers. The farce of discussing the Re-
form Bill was still going on in the Chamber of
Deputies.

MADRID BOURSE, Nov. 27.—Three per Cents.,
34; for cash, 34. Five per Cents., 24 for cash,
22 for account.

The executions at Logrono, the state of Spain, and
the singular and unexpected attack made by the
Journal des Debuts on the policy of Queen CHRISTINA
and NARVAEZ, form the leading topics in the Paris
journals. Most of the Opposition papers express
astonishment and indignation on finding a Ministerial
organ disowning and denouncing the policy of the
present rulers, who were abetted in all their intrigues
at Paris, and forced on Spain by the French Go-
vernment. "If you," says the Courrier Francais, in
animadverting on the
,new tact of the Cabinet, "had
no confidence in the men who now govern Spain,
why did you assist in composing the new Spanish
Ministry ? Why did you give the mot d'ordre to
M. MARTINEZ DE LA. ROSA, who transmitted it to
NAavai z ? Nobody will be your dupe. Whatever
is now doing in Spain is your own work. How will
you exculpate yourselves in the presence of the
Chamber ? This is your great embarrassment.
You will get out of it by denying your acts, as you
have always done, and as cowards always do."
The National, equally indignant, accounts for the
change in these words :—" The Journal des Debats
speaks of these things as every honest writer ought
to do. But it is rather late in the day for this mani-
festation, and we shall take the liberty of inquiring
into the motive which now induces the Conservative
journal to take part against the odious Government of
NAR VAEZ. The motive, we think, is simply as fol-
lows :—As the season is near at hand, the Ministry
is afraid, and with good reason, that it will be re-
proached with the existing calamities of Spain, and
therefore seeks to avoid, by means of a few newspaper
articles, all identity with the NARVAEZ faction. But
who does the Ministry think to deceive by this tardy
repudiation ? Has it not done all in its power to
establish the party which at present reigns and exe-
cutes in Spain ? Did it not openly protect CHRIS-
TINA, and shut its eyes when her friends were re-
turning to their country, which they are now deluging
with blood? Will the Ministry say that it groans at
the excesses, which the different Governments of Spain
have by turns committed, but that it laid down
for itself a law to maintain, as regarded them, a
scrupulous impartiality ? 'Do not the facts,Ton the
contrary, show that the French Ministry did every-
thing in its power to deliver up the kingdom of Spain
a prey to the Moderados ? Do not facts show that the
French Ministry has contributed, as much as it could,
to overthrow with ESPARTERO what it was pleased to
call the government of the sword, and to preserve
the present Government, to which it is certainly im-
possible to give a milder name ? An article of the
Debats will not suffice, at least we hope not, to enable
M. GUIZOT to wash his hands of the responsibility
that lies upon him. The Chamber, notwithstanding
the prudent outbreak of the Debats, will, without
doubt, call him to an account for the blood which his
miserable policy has shed in Spain, and for the in-
creasing degradation which his policy there brings
upon the name of France." There is great truth in
these statements, and it is now very evident that in the
forthcoming session an attack will be made on M.
GUIZOT, meant for the KING, in regard to the wicked
interference of France with the government of that
unfortunate country. It will And a response in the
heart of every generous Frenchmen, and will give
the Cabinet more trouble 'than Queen POMARB and
the right of search. " The Government of NARVAEZ
and CHRISTINA," says the France, " has roused the
indignation of the whole of Europe. It is repudiated
at PariS as a disgrace to humanity. 'How was it to
be supposed that the diplomacy of Europe, which has
hitherto abstained from all contact with the usurpa-
tion of Madrid, would consent to press the hands
stained with blood which the executioners who sur-
round the daughter of FERDINAND VII. are con-
stantly holding out ?"

The Constitutionnel and the Commerce express
similar sentiments. The following letter from
Bayonne, published in the former journal, places the
cruelty of the executioners in a stronger light than
they have yet appeared :
"Fresh information, brought us by our correspondence
with Bayonne, convinces us more and more strongly of
the reason and justice of General Oribe, in suspending
the execution of the barbarous orders he had received
from Madrid. It was not, as has been said, Caio Muro,
the brother-in-law of Zurbano, who was arrested and shot
with the General's son. Caio Muro was the Com-
mandant of the National Guard of Logrono, and his
being, as it were, a man in office, the rigour used would
in his case have been, if not justifiable, at least expli-
cable. The person arrested and shot was also a brother-
in.law of Zurbano, being the brother of his wife ; but he
was entirely a private character, and never belonged
to any party. name was Juan Martinez. lie left ;
Logrono solely at the entreaties of the young wife of

. .
Benito Zurbano, to endeavour to prevent his joinini in
the insurrection, and induce him to return home. !Juan
Martinez prevailed upon Benito, who had separated hill?'
self from his father %shell ho and his uncle were dis-
covered and taken."

The Gazette de France contains the following:—

" News was received a few days back from Otaheitef
which the Ministry has not dared to publish. The
restoration of Queen Puniare was therein announced. al
it was stated that the event took place in the midst
disquieting demonstrations. As was to be expected, the
French were in consternation, and the. English las'
sionaries exhibited an insulting joy. The dispatch°
which contained the orders of our Government were,
taken out by an English vessel, and this circumstance,
it is said, has augmented the humiliation and die"
couragemeni of our seamen. At the moment when
this intelligence left the island, a great fermentation
reigned' there, and grave complications were apPrr
hended."

THE BOURSE=—TUESDAY, DEc. 3.
First Highest Lowest Lie
Price. Price. Price. Pea',
French Five per Cents...... 119 20 .. 119 50 .. 119 20 •• 119
Fours . 107 .. 107 .. 107 •• 11" Three per Cents..... 84 25 .. 84 30 .. 64 10 .. $4 15
Bank of France 3160 —3165 —3160 —3185
Latlltte Bank, I,ooof. Shareslo9s .•1095 —1095 • • 1095
5,0001. Sharesso42 50 —5042 50 ..5042 50 —5042
Belgian Bank ..•• .• .• •••• • 885 .. 885 .. 585 •• 555,
Belgian Flves,lB4o •••• •• • • 103# .. 1031 .. 103 f .. 10311,„.
Two-aud-a-Half• • 61 60 • • 61 60 61 60 .• 61 to
Dutch Two and-a-Half .•••• 63 .. 63 .. 63 . 63_
tipanish Threes •• •• •• •• •• •• ••• • • • 36 .. 36 .. 36 ..se
Active •••••••• .• •• 322 .. 321 .. 321 ..
Passive ...... .• •• •. 52 .. 52 .. 51 ..
Neapolitan•••••••••• •• . • • 56 .. 96 40 96 .. 96' "
Roman •• • •..........•• lO4l .. 1041 .. ion 1531

RAILWAY SHARER.
St. Germain
Versailles, ........ • . 440 .. 440 .. 437 50 .. 431 Iv

-
L.B. •••••••••• 320 320 .. 313 75 .. 315
R0uen.......... •• •• •• •• —lOl7 50 . 1017 50 ••1015 ..1015
Rouen to Havre....
Orleans 1055 ..le6o ..1055 ..1016
Strasburg to Bale•• •• • 278 75 .. 278 75 .. 277 50 • 275 7
Avignon to Marseilles.... 922 50 .. 922 50 .. 920 .. 920
RAILWAY SHARES FOR SETTLING, DEC. 3.
Versailles, R. 8.......
L.B .
Rouen ....1016 25 ..1016 25 ..1011 25 —lOll
Rouen tojHavre 787 50 .. 787 50 .. 782 50 782
Orleans •........•• •. ••••••1060 ..1060 "1058 75 —lO5B 7'
Strasburg to 8a1e.....
Avignon to Marseilles 922 50 .. 926 25 . 917 50 .. 917,50
RAILWAYS FOR THE ACCOUNT, Dac. 16.
Versailles, E.B.— •••••• 322 50 .. 322 50 .. 313 75 .. 318 lb
Rouen •• .• lOlB 75 —lOlB 75 ..1015 —lOl5
Rouen to Havre 790 .. 791 2b e. 785 .. 785
.„
Orleans • 1058 75 ..1058 75 ..1056 15 —1656 7
Strasburg to Bale 2BO .. 280 278 75 .. 278 7,:
Avignon to Marseilles 925 .. 927 50 .. 917 60 .. 917 9'

BIRTH.—On Wednesday, the 4th inst., at Holkharnt
the Countess of Leicester, of a daughter.
MORTALITY IN THE METROPOLIS.—The number of
deaths during the week ending Nov. 30, is consider'
ably above the average, and exceeds that of the pre'
vious week by 161, the average for the last five
autumns being 990, the number last week being 2141
and for the week just ended 1,075. The increase Is
chiefly in deaths caused by small-pox, scarlatiee
(which is on the decrease), sudden deaths, apoplexit
bronchitis, inflammation of the chest, and gener"`.„,
diseases of the lungs. Small-pox is still very &Ls'
as compared with former years. Last week the
number was 46, while the average is only 17. These
deaths occurred at the following ages :—Nine under
1 year; fourteen 1-3 ; ten 3-5 ; nine 5-10 ; tW°
10-20 ; one 22 ; and one 31 years. The following
is an analysis of the list of violent deaths :—Fracture
and contusion, 13 cases, of which 1 was by
carriage, 6 by falls, 1 by the fall of a heavy body!
2 by machinery, and 3 by means not stated ; wound,
3 cases (suicides) ; drowning, 3 cases (of which I
was suicide ; in one the jury could not ascertain, q
have neglected to state, the cause of the person e
being found in the water ; in another it could not be
ascertained); hanging, 4 cases (suicides); burns,
cases (accidental), of which 1 was reported to be by
the clothes taking fire; scald, 5 cases; poison, 1 nil
(suicide) ; and misadventure (a defective verdict)'
1 case. Total, 25 males, and 13 females.

THIS DAY'S NEWS,

PRIVY COUNCIL.-(TIIIS DAY.)
The Judicial Committee of the Privy Council Ni
to-day, in the Council Chamber, Whitehall. The Low
present were the Master of the Rolls, Mr. Baron Park*,
the Chancellor of the Duchy of Cornwall, and the Jllo6e
of the Admiralty Court.

JONES V. GODNEY.
The further arguments in this appeal from the deci•
sion of the Prerogative Court occupied their Lordship'
the whole day.

CHANCERY.-(THIS DAY.)
The Lord Chancellor sat in Lincoln's Inn Hall, and
heard appeals to-day.
Thu cases of the Marquis of Hertford v. Lord Lowtbir
and Tulloch v. Hartley were ordered to stand over, ft't
the convenience of counsel, till a future day.

SPALDING V. RUDDICK.

The arguments in this appeal, the facts of which P 95
sess no interest except to the parties ctskterned, occupio'
the Coart the remainder of the morning.

QUEEN'S BENCH.—(THIS DAT)
(Sittings at Nisi Prius before Lord DENMAN an
Middlesex Special Jury.)
THE QUEEN v. GOLDSHEDE AND ANOTHER.
This was an indictment against the defendants, Gold'
shede and Sidney, for a conspiracy to defraud the fforli
Richard Camden Bingham, her Majesty's Secretor,' °f
Legation at Turin, by substituting one bill of exchaer
for another. The bill in question was au accommodY
tion bill, accepted by the prosecutor for a Mr. Shiel,
friend of his. The bills in dispute had been the subject
of a Chancery suit between Mr. Bingham and the fir
fendants, which had been determined in IMr. Binghs'
favour ; and immediately afterwards the present prose*
cution had been commenced.
The Solicitor-General and Mr. numfrey appeared fir
the prosecution • Mr. Platt and Mr. James defenen
Sidney • and Air. Cockburn and -Mr. Phinn defende"
Goldshede.
The SOLICITOR-GENERAL having stated the cast t°
the jury, as it afterwards appeared in evidence, caned
the following witnesses : s'
The Hon. Mr. Bingham examined by Mr. HustraZl";
The witness is at present Secretary of Legation to the
Court of Turin. Was Secretary of:Legation at Munich
in 1835 and 1836. He became acquainted with CaPttm
Richard Shiel in 1834. He was applied to in 1835 V
that gentleman to put his name to a bill of exchange..'6
was at the latter end of that year. 'He was then walking(
with Mr. Vernon Shiel, with whom he was on ternis °f
great friendship.
Mr. Harris, the clerk to the attorney for the prose°.
tion, proved the service of notice to produce a bill of el'
change on the prosecutor's agent.
On his cross-examination by Mr. PLATT, he admittedl
that he had not served a notice on the defendant Gold'
shede himself.
Mr. PLATT submitted that personal service was go°.
lutely required in all criminal cases. He hoped the
Court would take a note of his objection.
Lord DENMAN—Of course, I shall take a note of
your objection, but there is nothing in it.—(A laugh)..4
Mr. Ashe, an officer of the Record office in the Coni
of Chancery, produced the answers filed by Bingham an
Goldshede in the Rolls' Court.
Mr. Bury, of the Commercial Bank, proved the hoed'
writing of Sidney to the answer.
The counsel for the prosecution then proposed to Pi
in the answer dated Aug. 29, 1840.
Mr. PLATT objected, on the ground that in critaiej/
cases examinations upon oath were not admissible
against the parties accused.
A long argument followed on the point, which W
terminated by
Lord DENMAN overruling the objection.
The answer, as far as it related to the possession
Sidney of a bill for 250/. was then read.
The examination of the Hon. Richard Bingham I'l'4
then resumed. The bill produced was that which, it
'had accepted. 'He had received no value• for it, and.
had never been understood that he was to pay it. a,.
1839 he was arrested on it on a Saturday in June.
was dressed to go out to dinner, and his cab was weitit4
at the door. Sloman, the sheriff's officer arrested bias
He insisted on being taken to his solicitor's, but they re:,
fused, and he was ultimately taken to a spongiog...boo!l
where he was detained until midnight. The puties.r.
not continue the proceedings against him ; they 011'4
drew the record, and never went to trial, although
was at Croydon every day awaiting it. He has 02°3
from Aix-la-Chapelle to attend this prosecution.
Cross-examined by Mr. PLATT—Accepted the bill P'
day before he left England. Accepted it for Mr. Kiehl'rd
Shiel, whose brother knew nothing of it. Did not es,
pect his friend would have suffered bins to have 4134
trouble about it. Was once arrested at the suit otod
Mrs. Curzon. It was dismissed enirely ,he on the group
of its being a gambling debt. Never was arrested at ;a
suit:of Mr. Hayes. Knows Hayes, who is an aegrsult
in Regent-street. Gave him an order, before be
England, to the amount of 20L, and paid him. OP
return he ordered more goods. All the goods receivere
from Hayes before I left in November, 1135,
!Lit
paid for, to the best of my recollection. Has —of
outlawed illegally. Has been outlawed at the sato
Bigg and Company. Has not settled with them. si
understood that there was a judgment against 124%0
the suit of Davis, but knows no such person. It virto-d
an accommodation bill. Did not go before the gran
jury. Did employ the attorney to conduct this pivot::
tion. Was introduced to him by Mr. James Courtem'E
a wine merchant. Never went by the name of Clevr,
bell. Once went by the name of Browne in Denernbia
1839, for three days. Davis's was the only claim &do
unprovided for. Never heard of Mr. Stammers in be,
Strand. Knows nothing about Mr. Davis, or where
lives. He has often gone by another name abroad-
io
gone by the name of Camden, but never in this coup '
and never on account of debt. My name is
Camden Bingham. I never borrowed five shillinb'
my life.
at'
By Mr. COCHBURN—I gave instructions to
torney from the moment of my arrest to institute to
prosecution as soon as the time should come, n°L., to
any vindictive feeling but from a desire to bring them of
justice. Had never any conversation on the sum.l".oo
anything to be got from this prosecution. Nothing/01
ever said to me on the subject of coniproTise'.ll,
never accepted more than two accommodation hl
his life.
bend'
Sloman, the sheriff's officer, produced the bail
nt of
Mr. James Cuurteney, wine merchant, the aq.,dint
the prosecutor—ln December, 1837, the dem"ci.joi
Goldshede called on him and stated he had, %toted
against Captain ShieL He stated that he had dscihat to
a bill on the Hon. R. Bingham of 250 L, and
maturity' be:
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,°ok another bill of 2701. drawn by Shiel upon Captain
-`ll3ell,on which a balance of 551. was due, and he said
he eall!ed upon witness as Captain Shiel's agent to state I
that unless the niont,?,=- was rid he would report him to
the,llort:e Guard. Wiirio
luirtictilarß in writinVand .ly after-A an-15, hr
7 si.Yb'ritten particular eleinand , ;,. ; :.!, rE,ns3.
14, claim was put 'forward by Goldshede against Mr.
—"l6'il4en- He said he had taken Pipen's bill in substi-
tUtion of it. He never said he had parted with the bill
./c)Sifiney and throughout he spoke of the bill of Shiel
4 being due to himself.
Cross-examined by Mr. PLATT—Was in London on
2tl February, 1836. Acts as Mr. Bingham's banker.
Cannot tell the amount that Bingham left in his hands
_vhen he quitted England in 1835. Cannot tell whether
" Paid any money on Bingham's account between
tcmember, 1535, and February, 1836. Has three clerks,
eta they are not here. Is agent to a large shipping
house in the wine trade. Mr. Bingham had been in the
habit of drawing cheques on witness.
k Mr. CocKnunN—ln speaking of the bills, Gold-
Shede said either in "substitution" or " instead." He
said he had received 100/. or 125/. from Captain Shiel on
keeolint. Had known of this prosecution from the time
Of Lord Langdale's decree. Has advanced between 2001.
arid 300 L to Mr. Hill on Mr. Bingham's account in re-
spect of this indictment. Has dined with Bingham and
Rill at the Ship Tavern, Water-lane, but never recollects
anYthing being said about getting money for this prose-
cution. Was at a consultation of the counsel for the
Prosecution the day before yesterday.
, Mr. Saul, clerk to Ransome's, with whom Goldshede
proved that the signature to the answer put in in
the suit in the Rolls' Court was in the handwriting of the
defendant Goldshede.
The answer %as then put in and read.
The reading of the proceedings in Chancery was in-
terrupted by
„ Lord DENMAN, who asked Mr. Humfrey if it was not
`,l!tessary to show distinctly that Sidney knew that one
°lll had been taken in substitution of the other?
litrstntisit apprehended not. If be could show
that throughout the proceedings against Mr. Bingham,
iqthe ease of Sidney v. Bingham, Sidney had been act-
g not on his own account but as the attorney of Gold-
-8 ede, and charging Goldshede as such, that would be
aufficient. They could show that he was acting as the
attorney for Goldshede.
Lord DENmeN—Suppose that to be so : Goldshede
laY4 he owed Sidney a larger amount for costs. It
t/iltes me that it is necessary you should show that Sid-
knew of the substitution of the one bill for the other.
tisYr• lIUMFREY admitted that if his Lordship thought
"".; an essential ingredient, he could not carry the case
That
Lord DENNAN—The defendants are indicted for
Icon-
Tiring to arrest Mr.. Bingham without cause. Now
y was a bona fide Side holder of the bill there was a
reasonable and 'probable cause for the arrest.
841.14. lIUMFREY thought that if he could show that
IIeY knew that in •1836 a sum of 1004 had been
,!.441 upon the bill, and that he had afterwards pro-
-teded for the whole amount, that would be sufficient to
sure a conviction under the 7th count, which was for
t
conspiracy to defraud.
t.44ord DEN3IAN—If Sidney was a bona fide holder Mr.
neham was liable. It appears to me that you cannot
lui
PPort this indictment, unless you can distinctly show
that Sidney knew of the substitution of the one bill for
the other.
t,:rhe jury, under the direction of the Court, then re-
-4 Med a verdict of Not Guilty.

v(b rA
CHCHEQUER B.—(THISd DAY. b
uefore the LORDCHIEF ARON an a Common J ) ury.)
This PARNELL V. WILLIAMS.
fi as an action to recover the sum of 42L 4s. sd.
141:; P-arnell, a respectable ironmonger, was the plaintiff,
George Langridge Williams and George Williams
tkere the defendants. The elder defendant had pleaded
217 t he was never indebted, and the younger that he was
tract age at the time when the debt was con-
s a"IL Early in the present year Mr. Williams
h. son called on the plaintiff, and after telling
16114 that they were building two houses in Union-
New-road, entered into an agreement with
14.,,;_tel hang a number of bells, and execute other
Alan e
In the premises. On pressing for payment, the
was told that the younger defendant was under
jr,: Ind that, therefore, the contract was not binding.
nine out in evidence that the name " Williams and
had been exhibited over the door ; and the sole
,tlestion left to the jury was, whether the defendant
rge Williams was an infant or not.
LennsHlP said, in summing up, that however re-
luctant the jury might be, under the circumstances, to
At verdict for the defendants, if they were satisfied
"1
13,3 George Williams was uuder age, that verdict must
returned ; but if there were any uncertainty in their
:Ids in reference to that fact, the plaintiff was entitled
Vecision in his favour.
iolerdiet for the plaintiff—Damages 421. 4s. sd. Costs
•