The Sun.
London, England, 1828-11-10 00:00:00

hefore Shumla, and will be reinforced as may be necessary.
It would now be a favourable moment te open negoiations 1
for peace, and if the Sultan understands his own interest I CURT OF CffANCERY•
he will be disposed to make sonic concession. But it is IN :111fiee MA, TTElt_ OF CLE74IENT?ia,d‘N AILtE_GeED
physician'sLl..ATl
much doubted whether his personal character will allow 1 1.,_ (
thea DCH AN:U:,Old' read
gentleman'sli
health;.
report of state f this
bo
di _ it
him to do so. After the taking of Varna, the Etnper'r
Nicholas, as we hear, gave the Order of St. Andrew of ,w” very short, and he an et it to. the. Counsel,
with liberty to ally of them to mention the matter•
when they might think right,
the Ist Class, to General Diebitsch, which proves that this. I
esteemed officer enjoys the favour of his Sovereign, and has
not lost his confidence in consequence of a faulty plan of ATTORNET-GENKKAL V. NAIII.Et.
operations, as many Journals have falsely stated. Gen. This stood before his LoitostilP for judgment
Noetitz, and the Swedish Ambassador, have also received i upon the construction of three testamentary papers,
sabres of honour. It is thought the former will return to executed by the prosecutrix, Ann Newton, in the
Berlin,, as his mission to the Russian head .quarters seems months of March, 1806, May- and June, 1811. The
to he terminated by the return of the Emperor to St. question regarded the disposal of rings and jewel•
Petcrshurgh. only.
VIENNA, OCT. 29.---INletalliques, 94 13-16ths ; Bank The LORD CHANCELLOR had given the terms of
shares, 1082. the instrument all the attention he could, end his
opinion was, that the rings which came within the
description of diamond and jewel rings, according to
her description of what constituted those, rings set
with diamonds or• diamond rings, and a diatliond
necklace and cross, particularly specified (and stated
at the bar to be worth upwards of 1,0001.) were to
be sold, but that of the jewels directed to be sold,
certain articles were excepted, which were te go► to
Miss Catherine. Ann Bagshaw. This view was con-
firmatory of that taken by the Master of the Rolls,
though not. in all particulars, and consequently the
order made below was directed to be varied so as
to correspond with this judgment. '.
All parties were ordered to have their costs out of
the fund of the testatrix, as between solicitor and
client, the difficulty giving rise to the suit having
been.oceasioned by the ambiguity of her wills.
LIST OF MOTIONS.

LAW INTELLIGEN.-(THIS DAY.)

In our Paper of to-day will be found a Re-
port of the Shaftesbury Petty Sessions, which is
curious in more particulars than one. A poor
man, decently attired, it seems, but in the most
abject state of poverty, who for two long days
(what an eternity of torment in such cases!) has
gone without food, in order to supply his wife,
on the eve of her confinement, with requisite
nourishment ; applied on Tuesday last to the
Magistrates for assistance. His complaint was
heard, uncommented on, unconttadicted, and,
as a matter of course, dismissed in the following

magisterial style—" Your case is decided ; we can
hear no more." We say nothing of such a decision ;
it is legal, unquestionably legal ; but rather to be
admired, we conceive, for its epigrammatic point,
than to be imitated for its benevolence.
We cannot, however, dismiss with equal
lenity another fiat pronounced at the same
Sessions, wherein two youths, the youngest
only 14 years of age, were charged with poach-
ing on the Sabbath. They pleaded guilty to
the .crime, but urged necessity in extenuation :
on which the Magistrate, a clergyman—one of
those gifted intellects who seem born to adorn
and illuminate mankind—asked them, in a stern
voice, why they were not at church on the day
mentioned in the indictment ? Their reply
was, that they were in the lowest state
of destitution, and had actually no clothes

to appear in. This, with some people,
would have been thought conclusive ; it had a
different effect, however, on the clergyman, who
replied with inimitable simplicity, " what does
that signify—do you suppose the Almighty
cares about a person's clothes ? he wishes only
to see a good man enter a place of worship."

Granted ; but even the best of men—even this
clerical—Solon himself ; cannot appear at church
without the usual appendages. Virtue, in a state
of denudation, is virtue only in theory ; and
becomes in practice, a matter not for the Vicar,
but for the Parish constable to decide on.
It is a question intimately mixed up with the
stocks, and •has an immediate reference to the

A long list of motions were posted in Court to-
day, some of them of very ancient date, and which
the Court and Counsel agreed would, by their having
been thus brought forward to daylight, speedily
make their disappearance, and so will the suitors be
relieved from the immense amount of costs incurred
every seal day by the way in which they have hung
over. _

LORD MAYOR AND HIS EQUIPAGE.
The Lord Mayer and the usual retinue visited
Westminster this morning, that Lis Lordship might
take the ordinary oath, and invite, as he did, the
Chancellor and other Judges to dine with him at
Guildhall in the evening.

horse-pond.
We should not have noticed these two cases,
but from tho circumstance that they show forth
provincial magistracy in all its most unaimiable
features. A criminal is accused, heard, con-
victed ; his judges,—without the slightest refer-
ence to his defence, however convincing it may
be—decide:at once upon the question,anct.scarcely
think it necessary even to talk sense upon the
subject. They feel that if argument be against
them, law at least is in their favour ; and while
this discrepancy exists between the two, so long
will the Thwackums and the Trullibers of pro-
vincial justice. flourish in all their rankest fer
tility.

COURT OF KING'S BENCH.
(SITTINGS IN BANCO.)
Several cases of no public interest were disposed
'of this morning, but nothing of importance occurred
previous to our going to press.
The LORD MAYOR, as usual, invited their Lord-
ships to his banquet at Guildhall.

By the French Mail which arrived late this
afternoon, we have received the following :
ToULoN, Nov. 1.-1 wrote you yesterday, that the
Trident with 15 transports were to sail immediately, since
which counter orders have arrived, the cause is not known,
it is reported here that Count Admiral Rosamel is going
to the Morea to take the Command-in-Chief, and that
Vice-Admiral Rigney is to retire to France. There is be
embarked on hoard the Trident 200,000 francs.
p. S. We have reoeiVed accounts from Oporto con-
firming our former information, adding that two compa-
nies of the 22d of the line have gone over to the Constitu-
tionalists. It is reported hnre that two hundred soldiers,
prisoners at Cascaes, have made their escape, also that
four vessels belonging to the squadron off Madeira, have
declared for Maria (In Gloria.

THE FUNDS.-(THIS DAY.)

CITY, Twnera o' Croat

COURT OF COMMON PLEAS.
LIAEL..-SOAIIIIS V. KING.
Mr. Sergeant I ADDY moved for a rule to show
cause why the verdict for the plaintiff in this case,
should net he set aside, and a new trial granted :
first, on the ground that evidence bad been received
at the trial which ought not to have been received ;
and, secondly, upon the ground of excessive da-
mages. The case was tried at Guildhall, and a ver-
dict was returned for the plaintiff, with 400/. da-
mages. It was an action for libel, and it appeared
that both the plaintiff and the defendant were sail-
makers, residing nearßatcliffe-highway. The plaintiff
was a candidate for the office of elder brother of the
Trinity House, and had since then been actually
elected. It appeared in evidence that the de-
fendant bad in January last t,rodnced two letters to
a person named Stainer, which letters contained
the libel in question. The libel consisted of some
trash in the shape of bad verses, and contained
nothing which could affect the plaintiff's character,
except one verse, in which it was said that " His
blossom it had bud in guilt," and that he had led
youth astray. .
Mr. Justice PARK—That, I
strong language.
The CHIEF JUSTICE—II was an anonymous letter
also.

think, it pretty

Mr. Sergeant TADDY---We denied that the
writing was 'ours, we deny the publication, therefore
a verdict on that ground must have gone against us,
though the damages if we were pfesumed to be
guilty only of sheaving the letters, would be very dif-
ferent from iihat they would be if it was.presumed,
that ne were the authors; under which latter im-
pression the Jury gave their verdict. With respect
to the evidence admitted, the facts were these. In
January my client chewed the letters containing the
libel to Stainer, and on the trial the plaintiff called a
witness named Ashton, an insurance broker, who
deposed that en the 6th of May he had a con-
versation with the defendant at Lloyd's Coffee-
house, upon which occasion the defendant said,
speaking of the plaintiff and his brother; " They
are scoundrels, perjured scoundrels ; they are in-
famous blackguards, and I will thrash them with-
in an inch of their' lives." This was a threat
of assault, and I contended that such evidence
was not admissible upon a charge for what
had taken place in the January previous; but the
Chief Justice ruled that it was admissible, to slim
the quo animo with which the libels had been writ-
ten. I also contend that the damages are exces-
sive, for the plaintiff sustained no injury in his cha-
racter, and has been elected an Elder Brother of the
Trinity House.
The CIIIEF JUSTICE—That is to say, all the ma-
lice of your client has not been able to injure cha-
racter. The defendant sat in Court to hear witnesses
ealled for the defence to prove that which he knew not
to be true,and to hear them contradict each other. lam
of opinion that the evidence ought to be received to
show the quo animo, and I never knew a case that
displayed more malignity than the present. The
Jury would have been, in my opinion, warranted in
giving larger damages.
The other Judges concurring in this decision, the
rule was refused.

Extract of a private lettter from Lisbon, dated
Oct. 22 :
" A confirmation has been received by Government of
the Guerillas being in the province of Beira, Trasos Mon-
tee, and at Minho ; some of them approached Oporto,
where they had an engagement with the 22d Regiment of
the Line, which was completely defeated ; some of the
wounded have already arrived in Opoato. The garrison is
eantinually under arms, to prevent the_inhabitants declar-
ing again against Don Miguel."

The procession of the new Lord Mayor through
the City thismorning has drained the Stock Exchange
of a considerable number of its members, and conse-
quently the business has been very limited. Consols
opened at 86k, sellers, and a slight purchase caused
them to rise to 86k, buyers ; they are ripw sellers.
India Bonds, "85 7 ; Exchequer Bills 75 6 pm.
The Foreign Stocks have been in a still more
quiescent state,uotw•ithstanding, the price of Russian
Bonds has advanced from 931 f to 931 4; Porn'.
guese are 551 • A statement of the regular forces
on the island of Cuba will not add to the security
of the holders of Mexican Bonds ; still the 6 per
Cents. are 341 ; but in the present state of affairs,
after the hurricane months, it becomes a serious ques-
tion what may be the price of this security ; for al-
though it is out of the question for Old Spain to talk
of conquering this valuable country, still the evils
from the force that at present exists in Cuba, will, in
all probability, proves mill-stone round the prosperity
of the country. _ .

In Shares there is nothing doing, and prices are

The Duke of WELLINGTON arrived in town
on Saturday from the seat of Lord Maarsoaoua vs, at Fern-
hill, near Windsor. His Grace, after his arrival, was
visited at the Treasury by the Lord CHANCELLOR, the Earl
cf A13,131)11E14, and Mr. Secretary Paar,.

nominal.

The French Ambassador and Viscount BERMS-
VORA, visited his Grace yesterday.
The Earl of ABERDEEN came to town on
Saturday from the seat of the Archbishop of CANTERBURY
at Addington, Surrey.

Three per Cent. Consols, 164, sellers; Ditto, II" Is'
""t, $64, sellers; India Stock, 217 8 ; Bank Stock,
20119 ; India Bonds, 15 7 pm. ; I aahMner ilillt,7b 6 Pm.
Fomes•—Brecilian, 64, 1; liittestos Ayres, 47 1 ;
Cbilian, 261 74 ; Colombian, 114 ; Danish, 611 2 ;
drank, 174 184; Mexican, Fire per Cent., 261 71;
Ditto, Six per Cent., 341 ; Pernvian, 164 174 ; Pot--
instable, 161 4 ; Rns,4o, 91154 ; Spanish, 101 4.
64114nc—Anglo Mexican, 721 70 din. ; Brariliaa, 87 I
pla. ; Bohm's, 115 130 pm. ; Colombian, 91 81 din. ; Reel
Del Moats, 250 230 die. ; Tlaxpuxahtta, 20 25 per share ;
Visited Aleeticen, 22 21 die.

TWO O'CLOCK.
Consols for Account are extremely firm, and have
advanced to 86i j.

THREE 0' CI 0 CK.

Consols, SOL buyers.

We are requested to state that the GEORGE
THomesosr, referred to in our King's Bench Report, is not
Mr. GEORGE THOMPSON, of 50, Lincoln's Inn-field, nor
is he any way connected with him.
DREADFUL, ACCIDENT. ;Asa cart, which
was laden to a considerable height, with empty chests and
boxes, was descending from the bridge on the Waterloo-
road, the horse suddenly fell, and a young man seated at
the top of the load, thrown down and materially hurt.
lie was taken in a seemingly lifeless state into the shop of
Mr. Towwx, apothecary, Wellington-terrace, by whose
exertions he was restored to animation.
Dublin, at which
On Thursday last a crowded Meeting was
by their ° C usualNN EL L
itimta and
held at the Catholic Association Rooms,
other topics,
he adverted to the state of the law in the county of Long-
ford, and said that the people there should have justice.
spdoanneirn or
animation.
speeches,m distinguished
Early yesterday morning, the police discovered
in a dwelling-house in Gorbals, the corpse of an infant,
seemingly about three weeks old, lying on a bed, and the
mother was found lying insensible on the floor, in a beastly
state of intoxication. The woman had come home drunk
the previous evening, from visiting her husband, who is
confined in the Rdyal Infirmary, and the child died during
the night. The case is under investigation by the proper
authorities..— Glasgow Free Press.