The Sun.
London, England, 1828-11-21 00:00:00

COURT OF EXCHEQUER.

The SOLICITOR-GENERAL and Mr. KNIGHT ap-
peared to-day to support the petition of Mr. Ferrar
that he might be sworn into the office of Deputy
Opposer of Foreign Estreats.
Mr. JARVIS and Mr. WRAY opposed the petition
on the part of Mr. Payne, principally on the ground
that Mr. Ferrar's father held other situations in the
Court of Exchequer which were intimately con-
nected with that to which the son claimed to be
admitted.

The COURT finally overruled the objections, and
Mr. Ferrar was ordered to be sworn into office as the
Deputy of Mr. Tekel.

COURT OF COMMON PLEAS.
GARDINER V. HALLAM.
This was an action of trespass, to recover pos-
session of a barge from the assignees of a bankrupt.
The case was tried at Guildhall, and in the early part
of the Term a rule was obtained by Mr. Sergeant
Cross, to show cause why the verdict should not
be set aside, and a new trial granted.
Mr. Sergeant WILDE this day showed cause
against the rule, and proceeded at considerable
length to argue that the verdict ought not to be set
aside. In the course of his argument he was inter-
rupted by—
Mr. Sergeant CROSS, who said that the Learned
Judge who had tried the cause (Chief Justice Best)
had summed up and adverted to the points to which
he was alluding.
Mr. Sergeant WlLDE—Brother Cross ! Brother
Cross ! the Learned Judge did not sum up. He
drew all the facts upon one side of the case together,
and, with the ardour of an advocate, sought to make
the Jury give a verdict in accordance with his own
view of the case.
The CHIEF JUSTlCE—Brother Wilde, I did as 1
shall always do in civil actions, though I do not adopt
the same course in criminal prosecutions. I shall
always do my utmost to induce the Jury to .return
such a verdict as slipit seem to me to meet the entice
of the case.
Mr. Sergeant WILDE—As an advocate, my Laid,
I should think I was right in doing so.
The CHIEF JUSTICE—And as a Judge I think it
right to do so.
Mr. Sergeant WILDE—Much might be said upon
that point, my Lord, but at present I will not deal
with any abstract question of the kind.
Mr. Sergeant Wilde then proceeded, but was
frequently interrupted by observations from one or
other of their Lordships, intimating that there was so
much doubt about the justice of the case, that it new
trial ought to be granted.
Mr. Sergeant WILDE-1 fear the remarks which
your Lordships have made, though not made with
that intent, will have the effect of prejudicing the
case of my client, should the case go down again for
trial.

Mr. Justice BuußouGus—That cannot be, for
we only decide that it is a case fit for further inquiry.
Mr. Justice PARKE—That is all we do at pre-
sent, but if you will force it upon us by going on,
perhaps the ease may he prejudiced, for then we
must assign our reasons for granting a new trial,
should we eventually do so. We now only say there
should be further inquiry.
Mr. Sergeant WILDE—If your Lordships have
made up your minds to that opinion, I shall of
course sit down, and I can only regret that I had
not an opportunity of being heard before your Lord-
ships had come to a decision.
Mr. Justice PARKE—Go on, go on, Brother
Wilde. I for one do desire now that you may be
heard to a conclusion, after such an observation as
that.

Mr. Sergeant WILDS then proceeded to contend
that their Lordships ought not to set aside their
verdict, because there might be a doubt about the
matter. The Jury were the Judges as to the (Wats
in the case, and they had already decided.
Mr. Justice PARKE---AV hen did you ever know us
to act upon such a principle ? Why impute to us a
line of acting such as we have never countenanced ?
Juries are the proper judges of matters of doubt, and
we are the best friends of Juries when we take care
that they do not act with injustice. Such observa-
tions are not right.
Mr. Sergeant WILDE then proceeded until he
made use of the words " fraudulent preference,"
as having been made use of by the Judge in his
charge to the Jury.
The CHIEF JUSTICE—" Fraudulent preference I"
Are those the words made use of in the Act of
Parliament ? •
Mr. Sergeant WILDE—No, my Lord, the words
in th Act of Parliament are " fraudulent transfer
or delivery."
The CHIEF JUSTICE—Then I am sure I never
used them.
Mr. Sergeant WILDE--4 beg your Lordship's
pardon, you did use them.
The CHIEF JUSTICE—They are not the words in
the Act of 'Parliament, and I know I did not use
them.

Mr. Sergeant WILDE (with warmth)—My Lord,
you most certainly used them, and that repeatedly.
The CHIEF JUSTICE (with great warmth)—Well.
then, I do not believe it.
Mr. Justice GASELEE—SureIy the other gentle-
men engaged at the trial will be able to inform you,
brother Wilde.
Mr. Sergeant WILDE (with great vehemence)--
My Lords, I challenge any or every person present
(turning round to the bar) to contradict me, and let
them stand by the disgrace if they dare to do so.
Mr. Justice GASELEE here made some remark,
which we did not hear.
Mr. Sergeant WILDE—My Lord, if I am warm I
have reason to be so ; for, when I am attacked, I
will repel it, even though the attack does come from
the Bench.
Mr. Justice BURROUGHS—The language you have
made use of is highly improper.
Mr. Sergeant WILDE—My Lord, can it be won-

.. ~.

dered at that I am warm when I am told by

Chief Justice that he does not believe me?
Eros.
(pm
The CHIEF JUSTICE-4 must insist, hre - The
Wilde, that you conduct yourself towards me one 11,1_
as you would do were we in a private room--0
,a 1 1,....u1th
gentleman conducts himself towards another.sV 7E ED
have charged me with suppressing all the facts 0,0
one side of a cause, and giving all on the other„„i of kr, (
this proper conduct ? Such conduct is not riP, !4iiiiiiin
respectful—it is not decent. neit' ~,I4Port!il
Mr. Sergeant WILDE—My Lord, all the re9rot. ;'the p
with which I should treat you in private, ITO din
only willing here to concede, but to superao,ce of Ty as
which is due to your station as. Lord ChiefJo'!, "thank
this Court.
,Ack t\s4,
Mr. Justice PARKE—Then why make use i?‘,..,t;7". • •e,_:Ma
language as you did just now, when challeoPT ''' ceeion of
contradiction ? joiris ,-- ie !lie 1)"Y
Mr. Sergeant WILDE—My Lord, that . I bane
was not addressed to his Lordship. •44 veteurii
Mr. Justice GASELEE-NO, but it was a Oie .hllitcl ln
challenge to your brothers at the Bar, and 5500., c:" i,
they could offer a reply, threatening disgraee:l.. 'Ving
d
vis
their heads. h
tort t art
Mr. Sergeant CROSS now attempted to, spenfs 6' wit
resumed his seat upon a sign to that effect froto jell Z °rl t
Justice Parke, who said, there has been a gratify 'anima
too much warmth displayed from the Bar, buire Ole pe
best way now is to let it drop—let there be no '° Orueti
of it—and let the case go on.
‘,, 0 Zitia it
The CHIEF JUSTICE-Let my brother Cro7 ' zoeat(
on. lam desirous to know what I did say. • tbt N4fully
Mr. Sergeant CROSS then read from his notego evlest,
passage alluded to, when it appeared that the 17_, " ippla
used by the Chief Justice were "fraudulent traw' i- Ntely b
and not " fraudulent preference." 111 lin
Mr. Sergeant WILDE said, that it was tantarOts. itsr,Yl
1 for it was a fraudulent preference, by meats. ess
fradulent transfer, and he appealed to those Pre, Mat
whether he was not correct.
.2 iieir
Mr. Sergeant JOgES said, that as he was aPP,), 1•• 't
to, he would read his notes. He did so aceord' • k 4.11% 1
0/
and from his notes it did not appear that the o'•.: iLeshl,
fraudulent preference were used. •
10 AIN w '
h.
'
The CHIEF JusTICE.---Well, lam glad, that bit Len p
correct, though lam willing to admit,:that my Wet/ hi, 4491
Wilde had no intention to misrepresent what • *Reed I
said. I may perhaps have expressed myselflo etas.
warmth, but I am glad that in my warmth I dic fated
in my assertion go beyond that which is now PiP);, .e in
out by the fact.
ana
Mr. Sergeant WILDE repeated what he had, :
yap to
about the fraudulent preference being through ''' to
Of'
' In
fraudulent transfer.
Wilde, all here: tliltrY:l
• The CHIEF JUSTlCE—Brother au t.- 1., i W.. 4
or i ~.
ports are against you. I might have used the vi i, Itsit
ill,' iN ;in the course of the arguments to-day, but upo—ii kni
trial lam certain I never used them, though l' ‘ iClltt,
usually diffident as to what I assert from meroorili !ti; The
Mr. Sergeant WILDE then proceeded with hi_9;;o; Vol
guments, in which lie was followed by Mr. Serge;i, ''`, in
ANDREWS ; but in the case itself there was not • mkt
thing of public interest. A the
--- ~ is. •
THE MARKETS.—(THIS DAY.)

CORN EXCHANGE.
The supplies of all kinds of Grain this week are A
moderate, and the quantity of Flour is small. lor,
I"'
little doing in the Wheat trade this morning, as
Foreign Wheat now is liberated at Is. per quartstiki.
the factors do not appear to press sales, but are iwtair,
most kinds at about the same prices as on Monday. Pok
ley continues in a very dull state. Beans, Pease,
9,0;
Oats, are unaltered in value, with a moderate dew
The Flour trade is very heavy.

English
Irish
Foreign

ARRIVALS. •
Wheat. Barley. Oats. I FIoZPI.
2,020 qrc 2,330 qrs.
11 1,1004 rs• 2,7
I,lho - 0
10,010 I 400 f.•=

. _
For the Week. ended Nov. 14, 1828, Glade up from the Relysi
GENERAL AV RAGE PRICE CIF BRITISH C0.2,014' I
of the Inspectors in the different Cities and Towns in Eng
__. •
and Wales, per Imperial Quarter. P
Wheat.-- 765. 7d. 1 Oats ~...•- 265. 4d. 1 8ean5.......... 42L 00,
Barley 41s. 0(11 Rye .-...., 425. 3d. I Pea5e,.......49tite
IMPERIAL AGGREGATE AVERAGES of the SIX WEEKS FREDA. sa,,i
Wheat......-745. Id. Oats —... 265. 4d. 8ean5,.......... 404* #,
eoxnhsioblidtedratbweutr
Barley--- 395. ad. I Rye -- 388. sd. I Pea5e..........., 424. :,
DUTIES. ON FORZION CORN. ela'"
Wheat.......-. Is. Od.l Oats ........... 75. 9d. 8ean5.........., 91. otIO.
FriAdatyt,hsissupdpaly;
Harley-- 3s. 4d. 1 Rye .......—.. 128. 6d. I Pease -,..... 60.-„,/f
il
SMITHFIELD MARKET.
etw which
hutt pi ,
throughout,sinark
an advance of 2d. per stone; other meat tardily, at harelf,
Monday's prices.
,
PRICES PER norm OF BLISS. TO SINK THE OFFALS• j,,
R. d. to s. d. I. d. to t 0 ,
Inferior Beastl 2 0 2 4 Large Lambs ....... 00"0 0,
Second quality ditto 2 6 210 Prime mall ditto._ 0 0 „, V
Prime large Oxen 3 4 3 8 Large coarse Calves 3 4 ifi
Prime Scots, &c 3 8 4 0 Prime small ditto... 4 4 0
Inferior Sheep 2 6 210 Large Wogs 4 6 0
0
Secorld,quality ditto 3 0 3 4 Small Porkers ... 5 2 _all.
Coarse-woolled ditto 3 8 4 0 Suckling Calves 12s to 66.1.."-__
di.
SouthdownWethers 4 0 4 4 Quarter old Pigs 16s. to 200.0'"
SUPPLY, AS PEE cLIRE's STATEMENT.
Beasts. I Sheep. I Calves. I Pigs.
555 I 5,040 I 161, I 140
Mikh Cows were scarce and dear, abihri:dkleyrs,ki

NEWG ATE ANIILE,Ar
thNeHeAarLLeas9 M.
8. ARKETS.
At per stone
8. d. to I. d. d. 00' 0
Beef 2 0 3 4 Veal
Mutton 2 4 3 0 Pork 4 4 . •

REPLY TO THE COLOMBIAN BONDI.
HOLDERS.

The following is a copy of a communicati°
to the Contractors of the Colombian Loan, i°
reply to their propositions, passed at a meeting
of the Bond-holders
TO MESSRS. HERRING, °BARAD', FOWLES, AND CO.
BOGOTA, SEPT. 'l4•

DEAR SIRS,

The last English mail put us in Possession °
your favour of 3d inst. conveying the particularg
a meeting of the Colombian Bond-holders, held tfr
the 25th of June; the resolutions which were
passed at that meeting we lost no time in laying be':
fore the Colombian Government, and, in transnliii,
ting them, addressed a letter to General Bolivar, °
which you have a copy inclosed; an immedint°4
reply was received, through the Minister of Finance'
also inclosed, No. 2., purporting that an ExteOr
dinary Council of State and Government had been
held, to take the Bond-holders' resolutions into eolve
sideration, and from among the members of le
Council a Committee had been formed for the B°,
purpose of determining on the best manner 11°!t
could be adopted for providing for the foreign c!iv-r-
-.
dends, and presenting a report thereon. The WV;
duals who form the Committee are—the Honourt •
J. M. del Castilla, President of the Council;
General Nicholas Franco, Minister of Finalle:"'
Vergaca, Minister of Foreign Affairs; Senor P/c
Revenge, Minister of Council of State;
Maguerd, ditto; Torres, ditto.
It has been intimated to our Mr. Illingsvorm4
that he will be called before the Committee in
course of their deliberations, which commence I°'
morrow. Before transmitting the resolutions offici°,ll)::
w
the writer had a conference by application with a...
nerd Bolivar, a minute of which is also annexed
The determination which is manifested by the Libe;
rater President, to redeem the pledge he has giVe s
of attending to the claims of the foreign creditor
inspires us with a confident hope that as far as tt;
circumstances of the country permit, an immediate,
appropriation of funds will be made for the puresl:',
although we cannot contemplate an actual rem'
tance towards the payment of the dividends till thi
beginning of next year. We were yesterday inforglep
by the Minister of Finance, that orders had boc
issued to hold at the disposal of Government
funds destined by the law of 1826, to the parlfs
of interest on the domestic debt, with a view tOl%,
further effect to the stipulations of the Loan °?,
tracts of 1822 and 1824. Our next will prolialm
convey to you more particulars.
In the 'Sean time we remain, •
Dear Sirs,
Your obedient and faithful servants,
(Signed) POWLES, ILLINGWORTH, and C".

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