The Sun.
London, England, 1844-07-30 00:00:00

PRIVY COUNCIL BILL.

The report C;-thisßillwas brought up.
Mr. ELPHINSTONE proposed that the following
clause should be added to the Bill :—" And be it en-
acted, that in all causes of appeal to her Majesty in
Council from Ecclesiastical Courts, and from Admiralty
or Vice-Admiralty Courts, which now are or may here-
after be depending, in which any person duly monished
or cited or requested to comply with any lawful order
or decree of her Majesty in Council, or of the Judicial
Committee of the Privy Council or their surrogates,
made before or after the passing of this Act, shall have
neglected or refused, or shall neglect or refuse, to pay
obedience to such lawful order or decree, or shall have
committed or shall commit any contempt of the process
under the seal of her Majesty in ecclesiastical and mari-
time causes, it shall be lawful for the said Jndicial Com-
mittee or their surrogates to pronounce such person to
be contumacious and in contempt, and after he or she
shall have been so pronounced contumacious and in con-
tempt, to cause process of sequestration to issue under the
said seal of her Majesty against the real and personal es-
tate, goods, chattels, and eifects,wheresoever lying, within
the dominions of her Majesty, of the person against or
upon whom such order or decree shall have been made,
in order to enforce obedience to the same, and payment
of the expenses attending such sequestration, and all
proceedings consequent thereon, and to make such fur-
ther order in respect of, or consequent on, such seques-
tration, and in respect to such real and personal estate,
goods, chattels, and effects sequestrated thereby, as may
be necessary, or for payment of moneys arising from the
same, to the person to whom the same may be due, or
into the registry of the High Court of Admiralty and
Appeals, for the benefit of those who may be ultimately
entitled thereto."—The clause was passed, and the report
agreed to.
Mr. HUTT moved the Lords' Amendments to the
Aliens Bill, which were agreed to.
AGRICULTURAL PRODUCE.
Mr. ST AFFORD O'BRIEN moved for leave to
bring in a Bill to regulate the sale of agricultural pro-
duce in Ireland.—Leave was given to bring in the Bill.
The House then adjourned at Half-past Ten o'clock.

r her so far back as the 29th Jane. He Vent on to say in
the letter that he had no prospect now of altering his
father's opposition. He could force an income from the
property that was vested in him by .his mother, but not
to enable them to lire in the style he could wish. Under
tiicse circumstances, he had been revolvintr, many schemes
in his mind, but ho had now positively re,:olved to CrOS3
the Atlantic ocean, and become a culti,Tator of the
soil. He hoped she would not consithr him cruel
in asking her to accompany him. He lauew the
sacrifice she would have to make in leaving fond
parents, loving brothers and sisters, and admiring
friends, in order to share his fortune, which did not pro-
mise very brightly ; but he was determined to go, as he
saw no prospect of any change in his circumstances, and
he trusted he did not ask too much in asking her to go
with him. This letter the Learned Counsel charac-
terised as a trick. He presented all the dark colours
of an emigrant's life, none of the bright ones, evi-
dently to induce her to refuse her consent. In reply to
this letter, Miss Croall wrote that she was much dis-
tressed by his letter. That to go to America was out
of the question ; that she could not make up her mind
to leave her native country ; and that she was sure her
father and mother would not give their consent. She
entreated him not to make up his mind rashly, and re-
minded him of some of their acquaintances, who had
emigrated to their ruin. In his reply to this letter, the
Learned Counsel said, the defender artfully turned the
poor girl's own fears against herself ; he admitted all
she had said of the dangers of emigration ; and it was
too true that many of his acquintances had suffered
from emigration ; but nevertheless he was determined
to go ; and therefore the only question was, whether
she would or would not go along with him. He could
not—he dared not—anticipate th:,t she would ; but he
left the matter in her own hands, and advised her to
consult her father and mother. The pursuer, on re-
ceiving this letter, did consult her father, and he wrote
to the defender. Penetrating his disguise, he took no
notice of his resolution to go to America, but put the
question simply, did he or did lie not mean to fulfil his
promise of marrying his daughter ? The defender,
finding that his artifice was discovered, talked
no more of going to America. He wrote in answer, af-
ter referring to the two last letters he had written Miss
Croall, that as matters stood with him, it would be per-
fect madness to think of marrying his daughter, with
any prospect of happiness either to her or to him. This
closed the correspondence, and with it, he might close
his statement. He confidently asked from the hands of
the jury such a verdict as would give such reparation as
the law allowed to the injured feelings of this young lady.
Witnesses were then called, who proved that the fa-
ther possessed landed property to the extent of about
5001. per annum, 4001. of which was entailed on the de-
fender in right of his mother at his father's death, but
burdened with the sum of 2,000/. to his sisters.
Mrs. Buchanan, of the Clydesdale Arms, Lanark,
stated that she was acquainted with both parties, and
had seen them together frequently. Knew that Miss
Croall had been on several occasions visiting at Wood,'
side for ten days or a fortnight at a time ; and on one
occasion, at least, when old Mr. Hutchison was at home.
About the spring of last year, she had a conversation
with Mr. Hutchison about his intended marriage with
Miss Croall. She advised him to let his father know of
his intentions, and he appeared disposed to do so. In
June last year witness paid a visit to Mr. Croall's family
in Edinburgh, and found Mr. Hutchison there also on a
visit. She then detailed the circumstances of the pur-
chase of a gold watch, and its presentation to Miss
Croall, as given in Mr. Inglis'speech. Witness stayed a
week in Edinburgh, and when she went away she left
Mr. Hutchison still staying there. She did not see more
of them till after the marriage was broken off. After
that she saw Mr. Hutchison in Lanark, and asked him
his reason for breaking of the match. He said it was
owing to his father and sisters' objections, and that he
had not a sufficient income of his own. He had expected
that Mr. Croall Would make some allowance till he came
into possession of his property, but that he had not done
so. Witness asked if he had mentioned the matter to
Mr. Croall, and she understood from him he had not ;
for she remembered saying. to him, she was sure if Mr.
Croall thought he needed it, he would at once come for-
ward.
The correspondence between the parties was then put
into Court.
The LORD ADVOCATE then addressed the jury on the
part of the defender.
The JUDGE summed up, and the jury, after consulting
for an hour and a half, returned a verdict for the plaintiff
—Damages 350/.

SMITH V. GENTLE.—DEFAMATION FROM THE PULPIT.
This case, which was an action of damages at the in-
stance of James Smith, tenant of the farm of Wester
Alves, parish of Alves, and county of Elgin, against the
Rev. Alexander Gentle, minister of the church and
parish of Alves, and was tried before a jury on the 24th
July last year, came on for trial on Wednesday, before
Lord Ivory and a jury—the verdict of the former jury
having been set aside as contrary to evidence. The fol-
lowing was the issue in the cause :
It being admitted that the pursuer was, during the
year 1841, and that he had been for several years prior
to that time, tenant of the farm of Wester Alves, in the
parish of Alves, and county of Elgin, and a member of
the congregation, and a communicant of the Established
Church- in said parish, of which the defender is now,
and has been for fourteen years, minister—
Whether, on Sunday, the 14th of March 1841, or
about that time, and during divine service in the parish
church of Alves, the defender did, while preaching to or
addressing the congregation then and there assembled,
and in their hearing, falsely and calumniously say, of or
concerning the pursuer, that he had been guilty of cheat-
ing, deceiving, and over-reaching others in the course
of business ; that he had kept up false and ficti.
tious appearances, and had, on false or fictitious
credit, engaged in speculations and improve-
ments, and indulged in sumptuous living ; that in the
course of his speculations and improvements, he had
cheated or deceived his more ignorant neighbours, by
inducine• them to sign documents to their prejudice or
ruin, and had thereby converted the house of mirth and
joy into a house of wailing and mourning, so that if its
walls could speak, they even would testify against the
vile intruder—meaning thereby that the pursuer had
been guilty of obtaining money under false pretences,
had kept up false appearances, and had cheated and
deceived his neighbours and others, with whom he had
transactions, to their injury or ruin ; or did use or utter
expressions, in allusion and with application to the pur-
suer, to the above or the like effect, to his loss, injury,
and damage.—Damages laid at 1,000/.
Mr. WHIGHAM opened the case for the pursuer, and
called nine witnesses.
Mr. RUTHERFURD addressed the jury for Mr. Gentle,
the defender, and also called nine witnesses. The evi-
dence was in some respects of a conflicting character.
Lord IVORY, having summed up, the jury retired, and
after an absence of a quarter of an hour, returned with a
verdict for the pursuer—Damages 1001
The case, which excited much interest, lasted for
twelve hours.

UNIVERSITY INTELLIGENCE.
OXFORD, JULY 27.—The nomination of incumbent to
the new church at Bardsley, in the parish of Ashton-
under-Lyme, Lancashire, will take place on the 22d of
next month. It is understood an exhibtiioner of Brase-
nose College on the Hulme Foundation will be appointed.
The Rev. W. P. Picken Rev. J. L Hoskyns, Rev. J. T.
B. Landon, Messrs. Harris Smith, H. C. Adams, and R.
Cholmeley, Probationary Fellows of Magdalen College,
have been admitted Actual Fellows ; and Mr. H. G. J.
Parsons, a DemY, has been admitted a Probationary
Fellow on the Chichester Foundation.
The Rev. M. Argles, of Merton College, has been ap-
pointed to an Honorary Canonry in the Cathedral Church
of Peterborough.
The Rev. J Sandford, of Balliol College, has been ap-
pointed to the second Honorary Canonry in the Cathedral
Church of Worcester.