The Sun.
London, England, 1821-12-13 00:00:00

MERCANTILE SHIPPING, &c.

DEAL DEC, ]2.—Wind S.S.W.--X athe down from • the
River the Denmark Hill, Foreman,: fot 'Van' Dicman's--Land
and New South Wales.; Etho,•uinder; for Jamaica ; ArurAle,
White, for. Grenada ; Richar4ThoniaS,:for Belfast; and Wd-
liam Fair Lie, Smith, for India and China. They remain with
the David Scott East Indianian.
INinTsmbt-ru, DEC. 12.—Wind S.S.E.—ATrived his Ma-
jesty's skip `Pioneer, , from Sheerness ; John, Popplewell, from
London fwMadeira, &c. ; and James Laing, King, tioni•Lon-
don for Jamaica. • _ _ - _ ' -

„tßtvieir, DE c.. 12.—Arrived the Vansittart, Leicester,
and Castlereagh packets, with mails, from Cuxhaven. &died
the .14rd .Nelson packet for Cuxhaven ; and Jane, ditto, for
Gottenburgii, each with mail.
PENZANCE, Dre. 10.—Arrived the Felicidade, Martin,
frcim Faro for London, in distress, windlais broke, and cargo
said. to be shifted.
LYntiNcrrON, DEc. 12.—Arrived his Majesty!s ship Icarus,
from PortSmonth for .lamaica. - .
ST. IVERS, DEC. 10.—Arrived, the' Union, Good, from
Waterford. for Plynicutli.;- and Eliza Ann, Davies, from
Y:oughall for Southampton, both leaky.
PLY3IOUTIT, DEC. 11.--Wind S.E.--Sailed the New
Volunteer, Dwarris, for Cork and Jamaica.
FALMUUTII, DEC. 11.—Wind—A calm.—Arrived the fol-
16wing outward-bound from London :—Percy and Juno, for
Jamaica ; Miralles, for St. Vincent's ; Ealing Grove, for Domi-
nica; Garland, for the Cape; and Cyrene, for Trieste.
RYE, DEC. 9.—lt is reported that the Aurora, APE:inlay,
is on shore on Bull, and full of water.

DovEn, DEE. 12.—The Iris, Hutchins, from St. Peters-
burgh; struck against the Pier and damaged her stern.
HULL, DEC. 11.—The William and Ann, Lowry, for
Spalding; and Richard, Scholfield, for Lynn, have. been ashore
between Skegness and Wainfleet, but were got off after landing
their cargoes. They will come here to repair.

On Friday the 7th inst. the brig Charles, of Yarmouth, got
amongst the rocks at the entrance of Shields harbour. The
crew, -consisting of rive persons, were for some time in the most
perilous situation. At last the life-boat succeeded in fastening
a rope to the vessel which communicated with the .shore, when
they were all dragged through a tremendous sea to the land.
As might be expected, they were all much exhausted, but none
of them had sustained any serious injury. In less than half an
hour after quitting her the vessel went to pieces.

Yesterday a Court of Directors was held at the East India
House, when the following ships were taken up, in addition to
those already engaged for the Company's service, viz.:—liar.
chioness of Ely, :952 tons ; Prince Regent, 953 tons ; Asia,
958 tons.; and General Hewitt, 898 tons.
The Hon. Company's ship Waterloo,,Capt. Alsager, arrived
at Bombay 22d July, in six weeks from St. Helena, and carried
the news of the d..th of BUONAPARTE.

WILT Es one day asked GAnalcx, " What he
called honesty !." " What is that to'you ?", said
the Roscius ; " meddle with things that concern

you !"
j:sot.tsit Foos.—The fogs of England halve
been at all times the complaint of foreigners.
Gondomar, the Spanish Ambassador, when some
one who was going to Spain waited on him,
to ask whether 'he had any commands, replied,
—" only my compliments to the sun, whom I
have not seen since I came to England."—Car-
raccioli, the Neapolitan Minister here, a man of
a good deal of conversation and wit, used to say,
that the only ripe fruit he had seen in England
were roasted apples; and in a conversaticn with
George 11. he took the liberty of preferring the
Moon. of Naples to the Sun of England:
ACClDENT.—Yesterday noon, as a gentleman's
groom was driving a horse and gig, at a quick
pace, along Holborn, it came suddenly in con-
tact with a vehicle of a similar description, in
which was a gentleman named Thompson, and
nearly upset it. The chaise of the groom, how-
ever, was instantly overturned, and 'the driver
thrown out with considerable violence on the
stones. The horse and gig proceeded furiously
towards Gray's Inn-lane, but a young' 'girl was
knocked down, and the animal stopped'without
doing any other material mischief. The gig was
nearly .dashed to atoms. The groom Qiis taken
up almost insensible, having received a severe
confusion of the head, and several bruises.
DISTRESSING OCCURRENCE.—(Frorn the Lew
iston, Niagara, Democrat,- Nov. s.)—On 'Satur-
day last, some families who had been living on
Navy Island, in the Niagara River, had made
preparations for removing to the Canada shore,
and had loaded a boat with their household
effects. The wind rising to a considerable
height, it was thought imprudent, by some of
the party, to attempt crossing $O near the
Falls, with the wind blowing down the stream.
—Some of them consequently refused to em-
bark ; but three men, more • bold or less
considerate than the rest, went aboard for
the purpose of crossing ; but thinking proper
to wait a little for the falling of the
_wind,
they all laid down to sleep. During this time
the rising of the water, or some other cause,
loosened the boat from its moorings, and these
unfortunate men soon found themselves fast ap-
proaching the rapids leading to the main falls.
No human power could now save them, and they
were precipitated into the eternal world by one
of the most awful deaths which it is possible to
conceive. Many of their goods were seen float-
ing below the falls much broken to pieces, except
a dining table, which floated ashore uninjured.
A singular occurrence happened at t.oup's
Fell Side, in the parish of Orton, last week.
Mrs. Brown, an old infirm widow, and whois said
to have been occasionally low spirited, was sit-
ting in the evening by the fireside, with her son;
the young man, in preparing to retire to bed,
had taken off his shoes, but soon after fell
fast asleep; during this time the mother contrived
to hang herself, by fixing herself to the chimney
crook by her knitting belt; the son awaken-
ing and discovering the situation of his mother,
ran in great alarm to a neighbour's house, near
half a mile distant; but upon his return with as,
sistance, it was found that the mother was quite
dead.—(Naccustle 'chronicle.)

TILE LONDON JOURNALS.

DAILY EXTRACTS FROM THE MORNING PAPERS

December 13.

[MORNING POST.)
The interruptions occasioned by the late tea.-
pestuous weather in the intercourse with the
Continent had been such, that long arrears of in-
telligence were due from different countries.—
These may now be considered as paid, the live
liarriburgh Mails which arrived at once yester-
day, balancing the whole account. The mass of
Papers thus brought together embraces a period
of nearly three weeks, from the 17th of Novem-
ber to the 4th inst.; yet the intelligence is
scant, and, with one exception, unimportant.—
This exception is the announcement that a 'Me-
llish West India Company has been formed, to
take advantage of the opening of the South Ame-
rican Continent, and to engross as much of the
trade with these unbounded regions as our own
supineness or indifference will allow. We were
the first to point out the hnmense advantages
-which might accrue to this country, from direct-
ing-the enterprise of British merchants to that
quarter. We trusted that no impediment would be
thrown by indecision or timidity in the way of a
trade, capable alone of consuming the whole
produce of our manufactures, large as it was at
the period of their greatest activity, and there-
fore calculated to. revive that activity, and to
restore the prosperity of which it is the neces-
sary cause. We expressed our conviction, that
if we were not the first to mount the breach and
storm the fort, others would soon occupy all
its avenues, and we should find ourselves ex-
cluded from a place of which we might have held
tmdisputed possession. What we then announced
as a probable contingency, seems at present
on the eve of being realised. Other countries
are mustering their forces for the avowed pur-
pose of meeting " the powerful competition of
England" in South America ; and the question,
whether we will enjoy or resign the chief, if not
the whole trade of the mighty empires now rising
across the Atlantic, is become one for instant de-
cision. If it be not possible for our Govern-
ment to acknowledge at once the independence
of Mexico and Peru, though we see no just reason
why a measure which must of necessity take
place at some period or other, should be delayed
till its benefits should have passed into other
hands, let our merchants at least act for themselves.
The coalition of a few London houses, and the
-weight of their united interest, would be suffi-
cient to secure possession of that trade, and to
prevent its occupation by strangers.

[MORNING CHRONICLE.]
The conduct of the present Ministers of France
h not easily reconcileable with the notions of
prudence entertained in this country. They seem
singularly honest and candid for Ministers. It may
be, however, that they are only beyond measure
impudent. It is clear, at all events, that both they
and their Royal Master have very different notions
of a Representative Government from those which
it is found prudent to avow here. When an English
Ministry are unable to command a majority in the
Lower House (a very rare occurrence, no doubt),
they must either resign, or try what a new Election
may do for them. They would never think of
making head against a large majority, because in
such a state of things desertion would every day
add to the numbers of their adversaries. In
France, however, they seem to manage mat-
ters otherwise. The Ministers of Louis XVIII.
do not hesitate to avow that the Representa-
tives of the Nation ought, as a matter of course,
to support every measure of the Government, and
that, when an Administration, under the existing
Constitution, can neither obtain a majority in an
existing Chamber, nor hope for one from a new
Election ; another Administration must not be
formed to meet the wishes of the Chamber, but
another Constitution to meet the wishes of the
Administration. Of all the revolutionary lan-
guage we ever heard, that of the Keeper of the
Seals is most so. '6 Undoubtedly," says this
honest Statesman, " it would be a misfortune if
the men whom the King has deigned to honour
Ivith his confidence, had lost that of the majority
of the two Chambers. However, that would not
even be a reason for determining them to aban-
don the helm of affairs. It would not be a rea-
son sufficient to authorise Ministers to supplicate
-the Monarch to place in other hands the confi-
dence which he deigns to continue to give them.
There must be presented, gentlemen, a system
completely formed—a system capable of suc-
ceeding the existing system. There must rise
above the Chambers men moved by a long com-
munion of principles, to present to the King the
assurance of a future majority in the two Cham-
bers, and of a practicable system of Government."

[NEW T I M ES.]
Accounts which reached town yesterday by
express, from Paris, state the Monday's price of
Teaks as somewhat better than on Saturday, on
which day (as we have before stated) they had
also made a slight advance on the quotation of
Friday. Owing, probably, to this circumstance,
our own funds also improved ; and Consols for
the Account left off at 78, strong buyers.—The
French Papers of Sunday were occupied with
two subjects of unequal importance—a debate in
the Chamber of Deputies, and the trial of a se-
ditious song writer. No doubt, the latter will
appear byfar the more interesting in the eyes of most
of the Parisians. We, however, shall begin m ith
the Debate. M. Berenger, the song writer, may
'be as great a man in his way as Thomas Little,
Esq., or Childe llarolde ; but before we discuss
his demerits, we must beg to wait on Messrs.
De Castelbajac and Chauvelin, who, for the
first time in their lives, have appeared in the
Tribune as friends and allies, in a joint attack
on the Ministry.—lt was remarked with as-
tonishment that among all the Ministers and
their assistants, no one was found bold enough
to encounter the united orators of the two
Sides of the Chamber, but M. de Serre, an
pp Emigrant, who courageously devoted him-
self like another Curtius, but not quite with so
good an effect, for' he was utterly unable to fill

the gaping chasm which threatoug,to swallo.,v up
the whole centre of the Chamber, together with
the Cabinet of composite architecture, which has
been so elaborately raised on that sandy founda-
tion. Poor M. De Serre, after having been
" severely punished, left and right," was at
length dismissed with a general laugh, on M.
Labourdonnaye's saying in a good humoured
manner, " I think we really shew but little gene-
rosity in coming every minute to overwhelm the
only Minister who has ventured to devote himself
to our blows." Nor was this jest, or the laugh
which it created, the only proof of the hopeless
state of the Ministerial party—Not a single
Member rose to support M. De Serre :—they
would not even raise a question on M. De Castel-
hajac's motion, but allowed it to be carried
nemine dissentients, lest a division should expose
their daily increasing weakness !

[THE TIMES.]
The proceedings of the French Chamber of
Deputies on Saturday last were of lively inte-
rest. The first subject which engaged the atten-
tion of that body was disposed of in a manner
not so creditable, seemingly, as might be wished,
to the fair dealing and honour of the French Go-
vernment. The Committee of Petitions reported
on one from a British merchant, Mr. Maedonnel
—whose case, we believe, is well known to our
Ministers, and hears upon it the appearance
of very considerable hardship. On the strength
of an ordinance of November, 1816, for encou-
raging the importation of foreign grain into
France, the house to which this gentleman be-
longed imported a large quantity of corn into
Havre and Rouen, receiving the bounty and en-
joying an exemption from the tonnage duty, as
stipulated in the ordinance. Suddenly, however,
the French Government, which had also em-
barked in the corn trade on its own account, was
not satisfied with a fair competition ; but, em-
ploying an act of sovereign power to crush all
rivalship in this commerce, to which it had for-
mally invited the foreign merchant for the relief
of the French nation from the jaws of famine, it
excluded the merchant from the corn-trade with
Paris, the most certain and profitable market in
the kingdom ; while, at the same moment, it
opened its own stores, and undersold him in all
directions, even going so far as to forbid the
brokers to make any bargains binding but its
own. The consequence was, that the specula-
tion failed, and that the house, according to the
report, became insolvent. Our unfortunate
countryman sought redress from one, and all of
the French Ministers ; but conld obtain no in-
demnity for ever so small a portion of his losses.
His last resort was to the Chamber, but the Com-
mittee treated the subject of his petition as an
affair gone by ; and although M. Mechin bore a
clear and honourable testimony to the hardships
of which the petitioner complained, compensa-
tion was put off to the Greek Calends—in other
words, the Chamber passed to the Order of the
Day. We should be glad to learn with what
degree of zeal and energy the cause of this in-
jured British merchant had been taken up and
enforced upon the minds of the French Cabinet
by our Foreign Office.

MORNING HERALD.]

It appears that several important political trials
are to come on in the course of this week.—Those
against Messrs. Thelwall, Dolby, and Benbow,
stand for this day and Friday. These prosecu-
tions are instituted by the Constitutional Asso-
ciation, which has every thing at stake in the re-
sult. The public will naturally look to the
names of those who are to compose the Juries.
We are far from soliciting indulgence or pallia-
tion for the dissemination of sedition or scurrility,
when we suggest, that where prosecutions for
public libels originate with, and are insti-
tuted, by any other authority and intelligence
than the Attorney-General, who is the known
and proper organ for avenging wrongs done to
the Crown and the public, it behoves Jurors to
meditate and weigh their verdict with a vigilant
and jealous feeling of the functions which the
prosecuting party (with whatever motives) have
assumed, and the effect generally upon the free-
dom of the Press, which should be dear to, and
defended by, every Englishman of whatever

party.
EBRITISII PRESS.]
The Paris Papers of Sunday last, which have
arrived at our Office, furnish an account of
a short but animated discussion that took
place on the preceding day in the Chamber
of Deputies. The Chamber had met, in pur-
suance of the terms of its previous adjourn-
ment, to receive the Report of the Com-
mittee of Petitions, but an opportunity was
quickly found of discussing the topic, which,
since the first debate in the Secret Committee on
the Address, has occupied every mind and every
tongue in Paris. A Petition had been presented
from a citizen of Paris, named Italy, against the
censorship, and desiring- that the Journals might
he prevented altogether from discussing political
questions, but be confined exclusively to the
humble task of recording events as they occur.
M. Castelhajac proposed that this Petition should
be referred to the Committee appointed to exa-
mine the project of law for continuing the Cen-
sorship of the Press ; but quickly leaving this
subject, he adverted to the Answer which
the King was lately advised to return to
the Address of the Chamber of Deputies, and
inveighed in bitter terms against the Ministers
for having, as he said, calumniated the Chamber
to the Sovereign, and interrupted the confidence
which ought, for the public good, to subsist
between them. Ile urged that if the Chamber
of Deputies had lost the confidence of the King,
it ought instantly to be 'dissolved, that the
country might, in the ensuing elections, decide
between the Members and the Minister ; but
that if this confidence had only been inter-
rupted through the calumnies of the Ministers,
and that the latter had in fact lost the confidence
of the representatives of the people, they
were bound in duty to their King and Country to
resign their seats. These observations were
warmly applauded. The only Minister present
was the Keeper of the Seals ; he who in the first
stormy discussion, or rather in the angry alterca-

tion which had arisen crin the subject of the Ail- 1
dress, had been told that he had exchanged his
solemn robe of office for the garb of a Harlequin,
and to him now it fell to explain to the Cham-
ber the intentions of the Cabinet upon the
matters referred to by M. Castelbajac. The
Minister denied, as every Minister will, in
similar circumstances, that he and his Col-
leagues bad lost the confidence of the Cham-
ber; but be went a step farther, and plumply
told them, that however unfortunate it migh
he for Ministers who enjoyed the confidence
of the King to fail in uniting that of the Cham-
ber, this circumstance alone ought not to in-
duce them to resign their offices. lie then
talked something mystically about the neces-
sity of " preparing the elements of a new sys-
tem," it' a change were required in the Cabinet ;
and it would seem that, between his stout decla-
ration that he was resolved to stand firmly upon
the King's favour and keep his place, and his
subsequent observations about the necessity of
" preparing the elements of a new system," that
he effectually mystified the Deputies, for in de-
scending- from the tribune the defeated Minister
was loudly and very generally applauded.

LAW INT ELLIG ENCE.

COURT OF KING'S BENCH, Drc. 12.

Middlesex Adjourned Sittings after Michaelmas Term, before
the LORD CHIEF JusTicE and a Special Jury.
MAY, GENT. V. GWYNNE, LL.D.
This was an action by the late Vestry Clerk of the parish of
St. Matthew's, Bethnal-green, against the defendant, lately one
of the High Sheriffs for the county of Middlesex, a Doctor of
Laws, and Barrister, for publishing an alleged libel of and
concerning the plaintiff's character as an attorney, and of and
concerning his conduct as late Vestry Clerk of that parish. •
The defendant pleaded a justification of the libellous matters
set forth in the record.
Mr. SCARLETT, Mr. GURNEY, and Mr. Hone' conducted
the plaintiff's case; and the SOLICITOIt-GENERAL and Mr.
MA/MYATT the defendant's.
The circumstances of this case afforded very little of interest
to the public. The transaction which was the subject of the
present inquiry arose out of the long continued disagreements in
the parish of St. Matthew's, Bethnal green. In April, 1819,
there being about to be a contest for the election of Vestry Clerk
of the parish, a warm canvass took place on the part of the
friends of Mr. May on the one hand, and a Gentleman named
Brown on the other. The interests of the latter Gentleman were
espoused by Dr. Gwynne, who joined the Committee nominated
to conduct his election. It was alleged against the defendant
that in order to blacken the character of the plaintiff, and injure
him in the estimation of the Vestry at the approaching contest,
he had caused a packed meeting of certain inhabitants of the
parish, under the influence of himself and a Gentleman named
Merceron, to be assembled for the purpose of passing resolu-
tions of censure upon the conduct of Mr. May, as to the ap-
propriation of the parish money towards the expenccs of a pro-
secution instituted against Mr. Merceron. These resolutions
tended to impute to the plaintiff that he had made out fictitious
bills of costs fOr that prosecution, and that he had misappro_
priated the parish money in the expence of the eating and drink-
ing of a party in the parish called "I.l.'he Constituted Authori-
ties." It was alleged that the defendant had caused these re-
solutions, with a prefatory address of his own composition, to
be inserted in "rile Sunday Monitor' of April 2, 1819 ; that
he afterwards caused 2,000 copies of the same, and other resolu-
tions of a like tendency, to be printed on la handbill, and circu-
lated amongst the parishioners ; and that he had also written
and published a pamphlet of a still more libellous tendency, for
the like purpose of blackening the plaintiff's character, and de-
feating his election.
The plaintiff's case occupied a considerable portion of the day
in proving the introductory averments of the declaration, and
the publication of the alleged libels by the defendant. One of
the principal objects of the first-mentioned head of evidence
was, to shew that Dr. Gwynne had changed sides in the parish
disputes, which seemed to have'been originally generated in the
imputed corruption and misconduct of Mr. Merceron in the
management ot the parish funds. It will be recollected that
about two years since that gentleman was prosecuted for this
alleged corruption and misconduct, and also for an abuse of his
office of Magistrate, in granting licenses to public houses of
which he was the owner, ,and that upon conviction he was sen-
enced to 18 months' imprisonment. It was prated that on that
occasion one of the principal instigators of the prosecution was
Dr. Gwynne, in conjunction with the Rev. Mr. King, Rector
of the parish, and a few other respectable inhabitants. Before
the conviction took place, it was alleged that the Doctor, for
some reason not assigned, had begun to repent that he had
taken any part in the proceeding, and actually paid Messrs.
"Knight and Freeman, the solicitors employed to conduct the
prosecution, a sum of 1251., to reimburse them the expence
they had already incurred, and on his part abandoned all further
proceedings in the business, and then became a partisan of Mr.
Merceron. It was further alleged, that after the conviction
took place, the Doctor became extremely anxious to defeat the
ends of justice, and prevent Mr. Merceron from being brough,
up for judgment. Upon this and other points the Rev. Joshua
King was examined, and he swore that after the conviction
took place, Dr. Gwynne waited upon him at his house, and said,
that in consequence of the affliction of Mrs. Merceron at the
misfortunes of her husband, and urged by the intreaties of
friends, lie called upon him to endeavour to induce him and the
other gentlemen who had brought forward the prosecution to
forbear bringing Mr. Merceron up for judgment. Mr. King
expressed his concern for Mrs. Merceron's sufferings, which he
seriously deplored, but said he could not lend himself to defeat
public justice. Upon which Dr. Gwynne said, " He was duly
authorised to offer 10,0001. to save Mr. Mercemn froni the sen-
tence of the Court of King's Bench." Mr. King instantly ex-
pressed his indignation at such a proposition, and said that
if Doctor Gwynne laid down the wealth of the Indies at
his feet, he would not become a party in averting the jus-
tice of the country. The conference then broke up, and the
witness broke off all further communication with the Doc-
tor. In his cross-examination by the Solicitor-General, Mr.
King denied that Dr. Gwynne had said that the 10,0001. was
to be devoted to the poor of the parish ; on tile contrary, he un-
derstood that the money was to be divided as a bonus among
those who were concerned in the prosecution, to induce them to
abandon the farther proceedings against Mr. Merceron. •
The case for the plaintiff having closed, the SOLICITOR-GE-
NERAL, after a short pause, stated that it would not be neces-
sary for hum to call any witnesses on the part of the defendant,
as the plaintiff had consented to take a verdict of 501. to be ap-
plied to the purposes of some public charity, with the further
condition that Dr. Gwynne should pay all the costs of this ac-
tion. It was clear that the libel which had appeared in " The
Sunday Monitor" could not be justified,. and his client had ap-
parently acted under erroneous impressions. With regard to
what had been said in the course of this cause as to the sum
of 10,0001. it was due to the character of Dr. Gwynne to state,
sted
ichpad
a complete on
that it was not a private transaction, that no concealment was
sought•by him as to the application of that sum, that in his
1: insiwhuh
endeavours to prevent dir. Merceron from being brought upl
for judgment, he had been influenced by the distresses of
Mr. lllercer on'
compensations family, but b that h
leuhaadte u
ton i ithhrernilYind
been defrauded.
Mr. ScannETT observed, that in acceding to this proposition
after the case had been gone through,. which lie was ready in the
first instance to have acceded to, his client had given the strongest
proof of his moderation, and had shewn that in bringing this
action he was actuated solely by the desire of vindicating his cha-
racter.
Verdict for the plaintiff—Damages, 501.
THE KING V. THE MAYOR OF CAMBRIDGE.
This was a proceeding on a return to a writ of mandamus,
calling upon the Mayor of Cambridge to admit certain persons
as burgesses of that borough.
Mr. SCARLETT, in stating the case to the Jury, observed,
that this was a case of considerable importance, as it regarded
the exercise of the elective franchise. Upon its decision would
depend whether the borough of Cambridge should be subject
to the domination of particular individuals, or whether its free-
men should enjoy the privilege, which had been transmitted to
them from their ancestors, of sending independent Members to
Parliament ? The individual at whose instance this proceeding
had been instituted, was a Mr. Nash, who was the son of a
freeman at Cambridge, resident in the borough, but not the
eldest son ; and the question which the Jury would now
have to try was, whether all the sons of Freemen, or only the
eldest son, were admissible as Burgesses ? Ile was prepared
to shew, by a long series of customs and charters, from time
immemorial, that ell the sons ,of Freemen were intitled to be
admitted.
A Vast body of documentary evidence wes produced ; but as
it appeared, that in the reigns of
the Henry VI 1
orati. anon, sd Queen
zabeth bye-laws were made by Corppecifying
what persons were admissible as burgesses, and under what
conditions, •
The LORD CHIEF JUSTICE was of ops th se inion, th
bye-laws sons-
at it was un-
I necessary to go through the whole case, a-

i;letely defeated thc I;laii4iff's allegation, of custom from time
immemorial. If the t.istom had existed immemotially as a
matter of right, these arrangements would not have been made
by the Corporation, as to the number of Freemen who were
admissible, and the terms of their admission. The Lord Chief
Justice accordingly directed the Jury to tind a Verdict for the
defendant.

COURT OF COMMON PLNAS, DEC. 12.
(Adjourned Sittings in London, before Chief Justice DALLAS.)

COOKE V. JONES.—WARRANTY OF A HOUSE.
This was an action for abreach of contract in the sale of a horse.
The sum claimed was 501. which the
.plaintiff had given for
the animal to the defendant, and 12 guineas for its keep. Mr.
D. POLLOCK opened the case.
Mr. Sergeant PELT. stated it to the Jury. Mr. Cooke, the
plaintiff, a brewer, residing in the neighbourhood of Blooms-
bury-square, having seen an Advertisement in one of the papers
respecting the sale of a horse by a person named Bmwn, and
being at the time in a delicate stateof health, thought the horse
described was just such a one as would suit him. He saw the
horse, and offered 301. for it ; but Brown refused to part with it
for that price. Mr. Cooke declined the purchase, and the
animal was at length bought by Jones, the defendant, who is a
cheesemonger, residing in the Borough. When the plaintiff
heard that the horse was purchased by another, he became more
anxious to have it than before, and for this purpose he sent a
friend to Jones, to know whether he would sell the ho-:se, and
that he (the plaintiff) would give him a handsome profition
him. Jones at first refused to sell, but after some further ne-
gotiation, Jones consented to sell it, and did sell it to the plain-
tiff for 501. Defendant himself had given 351. for the horse.—
Plaintiff demanded a warranty of soundness with the horse,
which the defendant gave. In a few days after this, the horse
turned out to be unsound. In consequence, the present action
was brought upon the warranty.
Mary Jones, the daughter of the defendant, proved the signa-
ture of her father to the warranty. She had seen the horse : and
her father drove him to Farnham in a gig a few days before he
sold it. The horse appeared to her to be sound.
Mr. Field, a veterinary surgeon, proved that on the sth of
October the horse was unsound. One of the bones forming the
fetlock joint was about half as big again as the joint of a sound
and healthy horse ; the leg had a great number of windgahls
on it.

Mr. Sergeant VAUGHAN, for the defendant, contended that
the case was entirely against the plaintiff, except by the evi-
dence of Mr. Field, and to that Gentleman he should oppose
Mr. Sewell, who was well known to be of as high repute as any
Gentleman of the same profession, and whose evidence might be
weighed against that of Mr. Field.
Browne, the former owner of the horse, had kept him
from the 11th of June to the 20th of September. lie had
worked the horse every day, .and had ridden down to Win-
chester on him in one day, where he remained,another, and re-
turned on the third. The horse was perfectly sound.
John G. Smith, clerk to the defendant, deposed that while
the horse was in the possession of the defendant it seemed per-
fectly sound.
James Harrison, ostler to the defendant, thought the horse
sound while in the possession of his master.
Mr. Sewell thought there was nothing in the horse's leg but
what might have arisen since he was purchased. The horse's
leg was slightly inflamed in consequence of a sprain.
Mr. Sergeant PELL, in reply, insisted that the evidence pro-
duced by the defendant had confirmed the plaintiff's case. The
injury appeared, from the evidence both of Mr. Field and Mr.
Sewell, to have been recent, and the Jury must remember that
the defendant refused to sell the horse before he went the
journey.
Lord Chief Justice DALLAS then charged the Jury, and after
observing, that the question was entirely for their consideration,
he arid, that if a person warranted a horse, having at the
time a latent defect, of which nobody knew any thing, it was,
notwithstanding, a breach of the contract, and the party would
be liable, on his warranty, In this case, he considered there had
been no fraud in the conduct of either of the parties. From what
(lid the lameness of the horse originate ?—There was not the
slightest ground of presumption, on which to charge Mr. Cooke
with improper conduct in riding the horse, and the Jury would
therefore decide whether either the seeds of the disease, or the
actual unsoundness of the horse, haul existed at the time of
the sale.

The Jury consulted together for about ten minutes, when the
Foreman turned round, and on being asked by the Officer of
the Court, whether the Jury had agreed in their verdict? he
replied, " We find for the plaintiff ;" but on being checked by
some of his brother Jurors, he said, " Oh, no, I beg your par.
don, it is a mistake." The Jury then considered a few minutes
longer, when the Foreman again addressed the Associate, and
said, they must retire, as a great difference of opinion existed
among them. An Officer. was accordingly sworn to take cus-
tody of the Jury, and they immediately retired.—Soon after this
the Lord Chief Justice left the Court, and in rather more than
half an hour afterwards, the Jury returned. The usual ques-
tion was again put, and the Foreman then replied, " We find a
verdict for the plamtiff."—Damages, 501.
The Court broke up at half-past five o'clock.

OLD BAILEY.

COUNTERFEIT SOVEREIGNS.

Yesterday John Crutchfield, a young man of respectable ap-
pearance, was indicted thr feloniously disposing of five counter-
feit sovereigns, at a less value than the price fixed by Act of
Parliament.

The first witness called to prove the case was 'William Henry
Findlay, who described himself as a warehouseman out of em-
ployment. lie said that he had known the prisoner for the last
six or seven years, and was very intimate with him. He saw
him one evening in last October at a public-house in Bedford-
bury, and in the course of conversation he told the witness that
he had been purchasing some canaries from a person near Port-
man square. Witness had since understood the terns canaries
to mean counterfeit sovereigns. The prisoner said he had been
dealing in them for some time, and he thought that as
witness was acquainted with several persons in a particular
quarter of the town, he would be able to pass some without
risk of detection, and endeavoured to persuade him to purchase
some. Witness had several conversations with him afterwards on
the subject, and in the interim gave information to Plank the
officer, and Foreman, another police-officer. By their advice he
told the prisoner he knew a friend who wanted some, and he
would purchase some for him. The witness then described se-
veral dealings with the prisoner at different times and places,
when he purchased from him several counterfeit sovereigns.
The prices were, nine shillings for a single sovereign; eight
shillings a piece, if purchased three or four together ; and seven
shillings, if taken by the score or half score. In order to make
these purchases, witness received the money from the officers,
which money was previously marked by them. With this he
purchased five sovereigns of the prisoner, and the officers being
in waiting, apprehended the prisoner. The last transaction
took place at the Crown and Punch-bowl, in Rupert-street.
Plank the officer, corroborated the statement of the last wit-
ness in the greater portion of his evidence. After the last pur-
chase was made, he, accompanied by Jeffries and Furzmen,
apprehended the prisoner, and on searching bins found on his
person all the marked money he had given to Findlay, except-
ing one shilling, which he afterwards received from the landlady
of the Crown and Punch-bowl, who had taken it from the
prisoner. The prisoner accounted for the possession of the sil-
ver found upon him by saying that his mother kept a lodging
house, and he had received the silver from a Gentleman who
had lodged there. The sovereigns, he said, he had kept by him
for some time.

Cross-examined—The public-house in Bedfordbury was one
of the most notorious houses in town, and was the constant re-
sort of thieves and the most abandoned characters.

Jeffries and Furzman fully confirmed the evidence of Plank,
and the landlady of the Crown and Punch-bowl also corrobo-
rated the evidence given as to the shilling received from thepri-
soner. He gave it for a glass of rum he called for.
The prisoner in his defence put in a written paper, in which
he stated, that his first acquaintance with Findlay was about 15
months ago. He had not, however, seen him for some time un-
til three weeks before his apprehension. Passing accidentally
through Bedfordbury, he saw Findlay standing at the door of
the public-house. Findlay addressed him, and said he was in
great distress. Not knowing the character of the house he went
in with him, and had a long conversation with him. At length
Findlay persuaded him to go and purchase some sovereigns of
a man who was to bring them to a house for him. He was
prevailed upon to do this several times; and when he engaged
to go with him to the Crown and Punch Bowl, he told Findlay
that it should be the last transaction with which he would have
any concern. He solemnly protested that he had only engaged
in this business to serve 1 indlay, and had derived no profit
from it whatever. _ _

Four respectable witnesses gave the prisoner a good character
for honesty. He had formerly been footman in the service of
Sir Dudley 11 ill, who was now in Ireland.
The Jury retired for about ten minutes, and returned a ver-
dict—Guilty.
Jacob Barnett was convicted, on an indictment under the
same statute us the last prisoner, of selling to John Isaacson 39
counterfeit shillings.
Mary Holly was also convicted, on a similar indictment, of
selling to John Isaacson 40 counterfeit shillings. When she first
brought them they were in an unfinished state, and in the pre-
sence of Isaacson she put them through a process which brought
them into a proper state for circulation.
Thomas White, formerly coachman to Capt. Cocks Johnson,
of Southampton, was indicted for robbing his master of several
articles of wearing apparel, and other property.
Mr. Curtwoon stated the facts of the prosecutor's case
(which have already appeared in our Bow-street report) at con-

siderabiL He then tailed tl support ills
statement ; but the Court, after Furving- tes:.Jnony of
one or two witnesses, interrupi:.:il the furtLt:r prcscutio:i of the
trial, it being evident that the prisoner 14:1,! 1,:1011:0-,
when he took the clothes, of which he retl;ned•fne
possession to secure to hinis',ll. the paynien,-., of his wages.--
The Commws- :SEIIJEANT therefore Sirt,..ted the Jury,to”;:r4
quit the prisoner, and the.!' accordingly found a Verdicr—,.N9%,
Guilty.
• . . . _ .

The prisoner's Counsel strtted that it was his intention.to.p.w-,
secute the boy Nleade, who gave different evidence here from,
what he had given at Bowintrect, for perjury ; and Captai%
Johnson for malicious prosecution.
An application was then made to the Court, on behalf of
person named South, to detain Capt. Johnson or. a charge of
horse-stealing, which the Common Sergeant declined to ac-
cede to.

MIDDLESEX SESSIONS, DEC. 12.

A PRETENDED .12"l'OENLY

Henry Corts was indicted for frand. :dr. WALCORD State('
the case for the prosecution. The prisoner, he said, was one of
those who by false representations induced persons to believe
that they were Attorneys, and obtained sums of money on pre-
tent :e of carrying on suits for them without having ariy authority'
to perform their undertakings, by which those who confided in
them lost the causes they intrustti to their rare, as well as the
money they advanced tit carrying in their suits. Tne present
case was a very aggravated one of this kind, as llr. Everest, the
prosecutor, had not only paid the pri,ion,,r 7'.1. for his costs, but
in consequence of his conduct hod 1191. costs to pay to the
Crown, which he otherwise should not.

Peter Everest, the prosecutor, stA:cl tl:at, previous to the
3d .July last, he kept a wil.lie-house. in the flay market, and iit
consequence of improvements making there, he was, on the 4th
of May last, served with a declaration id* ciatrnent at t.le suit
of the Crown, a copy of which he produced. The prisoner,
whom he had known as clerk to Coleman, his attorney
came into his house a few hours aft-r. Witness said, " You
are the sort of man I wanted to s,:e," and shewin:, him the
paper, added, that he was just going to Like it to I`.lz.Coleman
to see what was to be don.'. The prisoner told hint, that
had left 31r. Coleman, and was following busine s'.or tdruseif,
and would 'defend him. Witness a.!rrCC4i to employ hint, say-
ing, " 1 know you won't deceive me." The prisoner replied,
" he'd as soon cut his arm off."

In about a fortnight the prisoner came to him, and told him
the business was going on rapidly, and asl:cd. for M. on ac-
count. Witness gave him nine guineas. In a few days after
the prisoner came again, and said all was going on well, and
got more money ; and continual, by representations of the
same sort, to get various sums, which in August amounted to
741. On the ;3(1 of July the witness was put out of his house
by execution under the ejectment, and his goods all sold to pay
the costs. The prisoner still desired him not to be afraid, for
he would make them suffer.

On his cross-examination by Mr. A s DRE WS, 'he admitted
that on inquiry of the prisoner in the month of July, whether
he was carrying on the defence in his own name, he told him
that he was not, but that he was beating them all to bits ; he
gave the prisoner several sums of money after this information.
A witness proved that he had examined the roll of attornics
in the Court of King's Bench, and that the prisoner's name
was not there.

Mr. ANDnEws addressed the Jury for the prisoner, but call-
ed no witnesses.

The Jury without hesitation found, the prisoner—GUILTY.
The Cuarnmais• said the of once of which the prisoner lad
been found guilty was one of great enormity, and was become
so frequent that it must be checked by making an example
the judgment of the Court therefore was, that he should be
transported for seven years.

MURDER IN WHITECII PEL.---A few nights
since a horrid murder was perpetrated in the
neighbourhood of WhitjA.hapel, on the person of
Richard Neads, a labourer. It appears that on
the night of the murder, the 'deceased was, with
some of his companions, at the Green Man pub-
lic-house, in Castle-street, \V hi techa pel, where a
man, named Mahoney, with whom the deceased
had fought a pitched battle about twelve months
ago, interfered with their conversation, and
brought forward this circus►sta►►ce, which gave
rise to high words. Mahoney coolly observed--
" that he was not done with the•deccased, and it
would not be long before he would do for him,"
or words to that effect .; and on N cads' quit-
ting the place with his companions, about one
o'clock in the morning, Mahoney, in com-
pany with another man, followed him out-
side. the door, and made an attack upon
the deceased, who was knocked down by him,
and beaten in a dreadful manner. On the
deceased getting np to defend himself against
the attack of his opponent, the latter seized a
tremendous stone, and with the greatest violence,
gave the deceased a blow upon the back of the
head, which felled him to the ground in a state
of insensibility, and the blood issued in profusioa
from his nose and ears. Assistance was imme-
diately rendered to the unfortunate man, who
was taken to the London Hospital, and put to
bed. A Surgeon attended hie►, and on cxan►in-
ing his head, a dreadful injury Was found on the
back part. Every attention was paid to him,
but after lingering in the greatest agony until
Monday, he expired from the effects of the vio-
lence he had received. Ile has left a wife arid
two children to deplore iris loss. Mahoney was
taken in custody, and examined at Lambeth-
street Police Office, when evidence was heard
against him, and he was remanded for the result
of tine Coroner's Inquest.
ROBBERY AND ATTEMPT TO MU 11 DER.-- Mon-
day evening, a little after dusk, as a young gen-
tleman, residing at Poplar, was passing on his
way home along Whitechapel, ire was allured by
a female to one of the infamous brothels in
George-yard, where he was assailed by a number
of women, and robbed of his purse containing 7
sovereigns and some silver. To save his life, he
jumped out of tire window into the street, leaving
behind him his hat, and effected 'HS escape.

SCOTCII SEQUESTRA TIOYS.
ExAmisAposs. DivIDENDs,

Robert Burrell, saddler, Cupar-Fife, to b examined in the
Sherif Court-room there, 20th December and 7th January,
at twelve.

Creditors of the late Samuel Gilmore, rope-maker, Edir -
burgh, will receive a dividend from John Crawford, merchant,
Leith, 9th January.
States of the affairs of William Ritchie, merchant, Edin-
burgh, lie with the trustee.—No dividend.
States of the affairs of Thomas Barrie, late spirit-dealer,
Cowgate, Edinburgh, lie with the trustee.—No dividend.
John Mathew, haberdasher, Glasgow, and Adam Dickin•
son and Co. booksellers, Edinburgh, have applied for discharges.

COAL-MARKET, DEC. 12.
Ships at Market. Ships sold Price.
441 Newcastle - - 31 is Od to 44s oa
4 Sunderland - - -46 s Od to —Red