The Sun.
London, England, 1844-12-17 00:00:00

TIE SUN, LONDON, TUESDAY _EWEN I NG, DECEMBER 17, 1344.

precedent, and we should gladly see it amended." i
The case is probably without precedent, beause
the attempted obstruction to justice is without prece-
dent, for we suppose that never before was what we
may call the effrontery of pettifogging carried so far
as for a man to refuse acknowledging a book adver-
tised, printed, and published with his name in
the titlepage, and for months publicly
offered for sale in the shop of every book-
seller in the town in which he resided. In the
absence, however, of precedent, recourse is al ways
had to the analogy of the law. Now the law pro-
vides that declarations made in the presence of a
party accused are to be received as evidence
against him, not as conclusive evidence, but as evi-
dence to go to a jury, illustrated by the circumstances
of the culprit's demeanour when the declarations were
made. Now it will not be denied that the advertising,
the printing, the publishing, and the exposing for sale
in shop windows openly during menthe in the place
of his residence, of a book with a man's name in the
title-page, is a sufficiently distinct declaration made in
the man's presence, and as such, according to the ana-
logy of the law, very proper evidence to be adduced
against him ; he, of course, being free to prove, if he
can, that he disowned the work, or that sickness, or
some other adequate cause prevented his knowing
that such a book was imputed to him. Such noto-
riety as Mr. Ward's book, and Mr. Ward's name in
the title-page, had in Oxford, supersedes the neces-
sity of any formal proof. The presumption that a
man will not allow a book to be advertised, printed,
and published, and for months sold in his name is so
strong, that strong proof must be adduced to rebut
it, and in another analogous case, even the strongest
rebutting proof is not allowed to be sufficient.
Suppose Mr. Ward to have but once promenaded
Oxford with a lady whom he permitted to repre-
sent herself as Mrs. Ward, to have visited in corn•
pany with his fair companion the well-supplied
shops of Mr. Loder or Mr. Spiers, in the High-
street ; and suppose that his lady had thought
fit to run up a heavy bill with ➢lr. Loder or Mr.
Spiers, in the name of Mr. Ward, the Rev. Gentle-
man must pay every farthing of the bill. It
would not serve him to prove his obligation of
celibacy as a Fellow of Balliol, nor his snore
solemn vows of celibacy, taken no doubt,
in the hands of Doctor Pusey and Mr.
Newman, to demand the lady's marriage certificate,
or to give the most satisfactory proof in the world
that his acquaintance with the fair debtor was the
slightest possible. He had allowed her, though for a
single moment, to represent herself as Mrs. Ward, the
lady of the Rev. Mr. Ward, of Balliol ; and the
inexorable law would compel him to settle her ac-
count with Messrs. Loder and Spiers, and to pay
all her other debts, though due to persons who
had never before heard of his name. Such is the
weight which the law allows to notoriety in such
matters. But surely if it is just that a man is liable
for all the debts of a lady whom he has 'allowed
to bear his name, for it may be only half an
hour, he is justly liable for the contents of a
book which he has suffered to bear his
name for half a year. There is, therefore, neither
hardship nor repugnancy to the principles of
law in presuming his authorship of it, from the noto-
rious publication of a book with a man's name in the
title-page; and it is absolutely necessary to do so
in dealing with the members of a party who have
moulded their morality upon a system of simulation
and dissimulation, and who would find it very conve-
nient to combine at once all the credit of an inge-
nuous and daring frankness with the security of ela-
borate chicane.

mon to good 5s to 5s 6d, fine 6s 7d to 5s 10d ; Mexican
black, com to good 4s 6d to 5s 3d, and silvers 4s 2d to
4s 6d per lb.
TALLOW.—There has been a large quantity of New
South Wales brought forward, and a decline in prices
has been the consequence ; at public sale 528 casks went
at 36s to 41s for fair to fine quality. The auctions of
other description went at easier rates. 100 casks of
East India at 40s fid to 40s 9cl ; 286 pkgs of South
American at 32s to 39s 3d for common to fine quality,
and 140 casks of St. Petersburgh at 37s 6d to 40s 3d.
To-day holders of P.Y.C. were firmer, and obtained
40s 3d to 40s 9d for first quality on the spot. On Friday
354 casks of New South Wales and 280 casks of South
American will be offered at public sale.
Oils.— A further reduction in prices having been sub-
mitted to for Cod Oil has occasioned the demand to be
very good, and at 301 10s to 311 per tun, many parcels
have been disposed on the spot and for arrival. In
other descriptions of common Fish Oils there is
little alteration to notice in the value. Pale Seal is worth
84/ to 34/ ss, yellow straw and brown 281 lOs to 33/,
and Southern common to fine 281 to 33/ lOs per tuu.
For Sperm the market is in a very dull state. For Lin-
seed Oil further reduced rates are accepted but at 22s to
22s 6d per cwt, large purchases have been made on the
spot, and for forward delivery. Rape Oil, pale, at 34s
to 34s 6d, and brown 33s to 33s 6d per cwt. Cocoa
Nut, of 100 tons of white at public sale a very small
part only found purchasers at 24s to 25s 9d
for common to good quality. Palm, 25s to 25s 6d per
cwt for first sort. Olive Oil, Gallipoli 411 to 421, and
other descriptions 381 to 401 per tun. American Lard
Oil is 401 to 411, and African Ground Nut Oil 331 to
331109.

COURSE OF EXCH/I
Amsterdam CF. 12 6
Ditto, at sight l2 4
Rotterdam 2U. 12 6i
Antwerp
Hamburgh M.B. 13131
Altona l3 131
Paris, 3 days' sight 25 70
Ditto, 3 months 25 96
Marseilles
Bourdeaux 25 95
Frankfort on Maine l2l

.NGE.—(THIS DAY.)
Gibraltar
Leghorn 3O 50
Genoa 25 95
Milan
Venice 47
Naples 39
Palermo, per oz llB
Lisbon 544
Oporto 545
Rio Janeiro 24
Bahia 24
Buenos Ayres
NewYork,2ldys sight
Philadelphia
PRICES OF BULLION, PER OZ.
Foreign Gold, bars £.3 17 9
Portugal Gold Coin 3 17 5
New Doubloons 0 0 0
New Dollars 0 0 0
Silver in ears 0 4 91

Petersburgh, 3Us 37
Berlin 7
Vienna, effee. fl. 3 M 954
Trieste, ditto
Madrid 361
.. ....I

Cadiz
13ilbao 36

Barcelona 36

Seville —

THE LONDON GAZETTE;
(THIS EVENING.)

FOREIGN-OFFICE, DEc. 13, 1844.

The Queen has been graciously pleased to nominate
and appoint William Gore Ouseley, Esq. (now Secretary
to her Majesty's Legation at Rio Janeiro), to be her
Majesty's Minister Plenipotentiary to the Argentine Con-
federation.

The Queen has also been graciously pleased to nomi-
nate and appoint John Fiennes Crampton, Esq. (now
First Paid Attaché to her Majesty's Embassy at Vienna),
to be Secretary to her Majesty's Legation to the Confe-
derated States of the Swiss Cantons.

The Queen has also been graciously pleased to nomi-
nate and appoint Francis Farrant, Esq., to be Secretary
to her Majesty's Legation at the Court of Persia.
DOWNING-STREET, DEc. 16.

The Queen has been pleased to appoint Denis Benja.
min Viger, Esq., to be President of the Committee oi
the Executive Council of Canada.

Herllaje:tilfas-also been pleased to appoint Henry
Sherwood, Esq., to be her Majesty's Solicitor-General
for that part of the Province of Canada formerly called
Upper Canada.
Her Majesty has also bee❑ pleased to appoint
R.Y. Cummins, Esq., to be Accountant to the Surveyor-
General's Department for the Island of Mauritius.
Her Majesty has further been pleased to appoint
Dndley Ryder, Esq., to be Assistant Secretary
for the island of Ceylon.
CROWN-OFFICE, DEc. 16.

The Queen has been pleased to appoint William Fuller
Boteler, Esq., one of her Majesty's Counsel learned in
the Law, to be one of the Commissioners of the Court
of Bankruptcy, to act in the prosecution of Fiats in
Bankruptcy in the Country, in the place of Edward
Goulburn, Sergeant-at-Law' resigned.
BAKRUPTCY SUPERSEDED.

William Cowland Buttress, silk throwster, Steward
stone, Essex.

BANKRUPTS.

---
Leonard Watson, smith, Rickmansworth, Hertford-
shire, to surrender Dec. 22, at two, and Jan. 28, at
twelve, at the Court of Bankruptcy. Belcher, official
assignee, King's Arms-yard; Walters, Basiinghall-street.
William Alfred Worth, victualler, Hampstead, Jan.
2, at half-past eleven, and Feb. 18. at eleven, at the
Court of Bankruptcy. Turquand, official assignee, Old
Jewry-chambers ; Pyke, Lincoln's Inn-fields.
Humphrey Charles Balne, grocer, Poole, and P. C.
henry Mayor and Thomas Skinner, hop and oil mer-
chants, Upper Thames-street, City, Jan. 7 and Feb. 4,
at eleven, at the Court of Bankruptcy. Follett, official
assignee, Sambrook-court, Basinghall-street ; Shaw,
Furnival's Inn.

James Thorley, glass and chinaman, Northampton,
Dec. 31, at half-past twelve, and Jan. 24, at half-past
eleven, at the Court of Bankruptcy. Groom, official
assignee, A bchurch-lane, Lombard-street; Smith and
Taylor, Basinghall-street.
Fraccis Fothergill and James M'lnnes, lamp black
manufacturers, Bell's Close, Northumberland, Jan. 7, at
half-past two, and Feb. 11, at the Newcastle-upon-Tyne
District Court. Wakley, official assignee, Newcastle-
upon-Tyne; Chisholme, Hall, and Gibson, Lincoln's Inn-
fields, London; Ilarle, Newcastle. upon-Tyne; Kent,
Newcastle.

Samuel Peach. grocer, Nottingham, Jan. 6, at eleven,
and Jan. 28, at one, at the Birmingham District Court.
Christie, official assignee, Birmingham ; Maplo3, Not-
tingham ; Motteram, Birmingham.
Richard Blockley, linendraper, Crewe, Cheshire, Jan.
3 and 23, at twelve, at the Manchester District Court.
Putt, official assignee, Manchester ; Makinson and San-
ders, Elm-court, Middle Temple, London ; Atkinson
and Saunders, Manchester.

DEATH OF REAW'ADHIRAL EDWARD BOG Elio--
Intelligence has been received of the death of the
above gallant flag-officer, after a protracted illness.
He died at Lipson, near Plymouth, last week, at
the of sixty-nine years. The deceased admiral had
been in the naval service of his country above fifty
years. In 1795 he was in Lord notham's action,
being at that time a midshipman. He was lieute-
nant of the Inconstant when L'Unite, of 34 guns, was
captured. At the siege of Castiglione he rendered
particular service by the able manner he commanded a
detachment of seamen and marines. In 1801 he com-
manded the Craile cutter at the landing of the British
forces in Egypt. For the gallantry he displayed while
engaged on that official duty he was rewarded with the
Turkish gold medal, amongst the other officers who re-
ceived that decoration. His commission was dated as
follows:—Lieutenant, 16th March, 1795; Commander,
27th January, 1803; Captain 22d May. 180 G; and Rear-
Admiral of the Blue, 23d November, 1841.

An eminent post, in the elegant world of the
French capital, is likely soon to become vacant, by the
retreat of a well-known trans-Atlantic citizen, who is
compelled to wind up his affairs, and return back to the
silence and the shades of his native shores, alter having
passed many brilliant seasons on the very pinnacle of
all that is refined and recherche in French society. There
are many candidates in the field for the vacant post,
ready, like their predecessor, to sacrifice moral dignity
and pecuniary risk, to enjoy the exclusive honour of
being patronized by a leading personage of the fashion-
able world, and of being permitted to open their salons
to those, and those only, whom their patron may select.
—Court Journal

THE TRENT.—The Royal Mail Company's ship
Trent arrived at Bermuda on the 18th October. She left
Tampico the 29th Sept., Vera Cruz on the 2d October,
Havannah on the 11th, and Nassau on the 13th. She ex-
perienced very bad weather in the Gulf, and was obliged
to slip from Tampico, leaving her anchor and seventy-five
fathoms of chain cable, as also the whole of the freight at
that place, amounting to 1,722,000 dolls., it being found to
be impossible to ship it, the bar being impassable. She
was also obliged to leave 130,000 dolls. at Vera Cruz, the
administrator not being inclined to run the risk of ship-
ping it during the Norther. She had on board, on freight,
343,171 dollars in silver, 91,415 dollars in gold, 25
five-franc pieces, 181bs. 1 loz. of plata Bruta, I2oz.
of plata Labrador, 1161bs. 13oz. silver bullion, and
541bs. 9oz. Tastellanos Clatina, and eleven pas-
sengers for England, viz., Mrs. Benfield and fa-
mily, and Mr. J)orrer, from Vera Cruz ; Mr. Genald,
from Bogota ; Mr. Crelago, from Havannah ; and Mrs.
Reager, from Nassau. The Trent left at Vera Cruz her
Majesty's ships Inconstant and Spartan ; and off Tampico
the Rose hove to in a gale of wind ; at Havannah the
Romney ; and at Nassau the Lark.—Jamaica Morn*
Journal. . .

THE LATE HIGH SHERIFF OF DURIIAJI.—.It is in
contemplation to erect a monument to perpetuate the
stering public and private worth of the late Henry
Thornton Maire Witham, Esq., High Sheriff of the
county of Durham, and the plan :suggested is not to
raise the mere useless pillar, or " flattering marble," but
something in accordance with his practical character, his
benevolence, and active regard for the education of the
middle and working classes. The erection of a hand-
some building, expressly inscribed to his memory, is
projected for the use of the Barnard Castle Mechanics'
Institution, which the late Mr. Witham originated, and
for the success of which his efforts and labours were
unceasing.
DETENTION OF A HOUSEBREAKER.—A namesake
of the celebrated Jack Sheppard was on Monday last
apprehended by Superintendent Russell, at the Hen and
Chickens, in this town. From information received by
the superintendant, he thought it advisale to nay a
passing visit to the house in question ; accordingly on
the evening of Monday last he " dropped in," like Paul
Pry, " hoping he did'h intrude," and in a short time
dropped on a very suspicious-looking personage,who,
with his female companion, had been domiciling at that
establishment since the previous Thursday. At the
sight of the officer the veritable " Jack" became
alarmed—and this circumstance, combined with the
finding of seventeen skeleton keys and two jemmies,
made out a case sufficiently strong to warrant the super-
intendant in apprehending him. This he accordingly
did, and the next morning he was taken before the bench
of magistrates, who ccnsidering " prevention far better
than cure," dispatched the worthy to grind corn or
wind, as the case might be, at the celebrated Northleach
mill, for the term of three calendar month:.--Cheltenham
Journal.

LAW INTELLIGENCE.
PRIVY COUNCIL, Dec. 16.
TIIE LIEUFENANT-t.oVERNoR OF GUERNSEY.

(Continued from our Afternoon Edition of yesterday.)
Mr. ROEBUCK, Q.C. (with whom was Mr. Wadding-
ton), continued his argument on the part of the Crown,
in defence of the Lieutenant-Governor. He commenced
by referring to the opinion of the Procureur-General of
the Island (who formed part, ex officio, of the Royal
Court), which had been given as to the legality of the
Lieutenant-G overnor'a conduct in respect to the depor-
tation of the Frenchman.

The Lora) CHANCELLOR thought the opinion could not
be received as evidence ; but it might be read as part of
the Learned Gentleman's argument.
Mr. ROEBUCK then read that part which referred to
the point at issue :—" We give our opinion that the
Lieutenant-Governor has the power of sending any in-
dividual away whose sojourn here appears dangerous to
the public peace. We believe many instances might be
found of the exercise of this power on his part, though
we cannot cite the cases, not having access to the books.
But we believe it to be generally the received opinion
that the Lieutenant-Governor has the power of sending
away any alien from the island ; and that no alien can
reside either in Guernsey or Jersey without the assent
of the Lieutenant-Governor in each case." The Learned
Gentleman then animadverted on the tone in which the
Royal Court had asserted what he conceived their illegal
and unfounded assumptions of power. They had spoken
of the Lieutenant-Governor as having acted "in igno-
rance of the constitution," " contrary to his oath," and
"in violation of the law." They actually asserted that
the Crown had only reserved to itself political and mili-
tary power in the island, and that supreme civil executive
power resided in themselves. It had positively been
pretended, that registry by the Royal Court was neces-
sary to give effect and force, not only to writs of pardon,
but to Orders in Council—nay, to Acts of Parliament.
Mr. S. Worri.Ey denied that the petitioners' counsel
had ever asserted that Acts of Parliament had no force
till so registered, but that it was the regular and legal
practice so to register them.

Mr. ROEBUCK declared, that till the Royal Court dis-
tinctly relinquished that pretension he should assert that
they pressed it, and he should prove that they did so.
Les approbations des lois (of the time of Elizabeth),
rested upon, as conferring on the Royal Court such
powers, only gave certain powers of regulating the in-
ternal affairs of the island ; and her Majesty had dis-
tinctly reserved to herself and her successors, as she
could not avoid doing, all her regal prerogatives. He
should argue, however, that the Queen of England could
not divest herself of the prerogative of pardon in any
part of her dominions without an Act of Parliament, that
the island had been annexed (by conquest) to the realm,
and formed part of the dominion of England, and sub-
jected to the laws of England and the prerogative of the
Crown. But he contended that on the true construction
of the ancient customs of Normandy, as set forth in the
Comwentaries of Terrier (confirmed by the authority of
Warburton's Laws of Guernsey), combined with the
approbations des lois in tho legal operation of the royal
letters of pardon, was declared to be, de
_facto, the libera-
tion of the prisoner. The words were, " Les lettres de
pardon, remission, ou grace, du Prince ou Reine d'Angle-
terre, tont accepts ici, et deffait 4 mettre les eriminels
en liberto selon la tenour des dites lettres."

The LORD CHANCELLOR—What construction do you
put on the phrase —" sont acceptees et deffait I inettre
des criminels," &c. ?

Mr. RoenticK—" Are considered, de facto, to set the
prisoners at liberty."
Mr. S. WORTLEY denied this construction of the phrase
" deffait," as a Norman translation of de facto.
The LORD CHANCELLOR intimated that something
might turn on the import of the word " acceptees," ac-
cording to the usages of the island.
Mr. ROEBUCK proceeded to observe, that though the
claims of the Royal Court professed to be founded on
the " Constitutions of John," they had adduced no in-
stances of letters of pardon registered earlier than 1641.
Why ? Because their books, which had been searched,
presented, no earlier authorities for their claim, though
numerous writs of pardon existed on the records of the
island before 1641—a pregnant proof this, that their
claim was unfounded. The instances which had been
cited, however, also proved this claim unfounded. They
tended to show, that the prisoners before they had regis-
tered their pardons " had been discharged ;" instead of their
registering the pardons in order to be discharged. The
writs, too, were addressed to the governors. Now, in
the case at issue, a man having been sentenced by the
Royal Court to a term of imprisonment had been com-
mitted to prison. The Royal Court had discharged their
junctions, which were judicial. Once in prison, the man
was in the custody of' the Executive—that is, of the
Crown. The prison was her Majesty's. The gaoler was
the servant of the Crown. He had been appointed by
the Governor—by the last Governor, Sir W. Keppell
(since whose time there had been only a Lieutenant-
Governor), and had continued in the office since. He
gave a security that he would surrender to the Royal
Court any prisoners to be tried ; but once tried and sen-
tenced, he held them for the Crown. The terms of the
bond were, " par deliverance en justice"—i.e., to trial. In
this case there had been no interference with the course
of judicial proceeding. On this point the Learned
Counsel cited Warburton. The King's Prevot was to
bring the prisoners before the Court, " and to see its
sentence executed"—that is, to see them put into prison,
or hanged, &c.
Mr. S. WORTLEY—He is to see the sentence com-
pleted ; he must be responsible for their custody.
Mr. ROEBUCK—NO, no. He cannot so much as enter
the prison. The Learned Counsel went on to argue that
this claim of the Royal Court, undoubtedly shackling
and fettering the exercise of the Queen's prerogative,
raised the question whether any Sovereign of England
could, without the authority of Parliament, so shackle
the prerogative. He contended that this could ❑ot be
done according to the laws and constitution of England,
as laid dow❑ by Lords Coke, Hale, &c. Those high au-
thorities, confirmed by " Berry's History of Guernsey,"
showed the island to be under the dominion of the Crown,
and to form part of the realm of England. The royal
prerogative, therefore, must prevail in the island, as in
any other part of the country. He also cited " Ryley's
Pleadings in Parliament," pages 467-9. " Justices
itinerant " had sat in the island under the Royal
Commission, as in England. The Barons of the
Cinque Ports and of the County Palatine of Chester
had made claims akin to those now urged by the
Royal Courts of Guernsey and Jersey, and they had
been disallowed. The fact was, in all these cases the
" Royal Charter " had conferred no more than the usual
powers and privileges of corporations of such a cha-
racter. These jurisdictions were under the sovereignty
of England, and subject to the prerogatives of the Crown
of Englaid, instead of being, as the Royal Court pre-
tended, part of some foreign sovereignty, under some
sort of independent separate powers, and laws and
usages. In the 4th Institute, Lord Coke had laid it
down that the King could not, without au Act of Par-
liament, divest himself of any portion of the imperial
prerogatives, among which he enumerated the writ of
pardon ; and if the Queen was so ill advised as to issue
" letters patent" (as Coke called them), granting to any-
body the power of" verifying" her writs of pardon, &c.,
and the privilege of not obeying them till so verified, the
charter would to that extent be null and void.
Sir S. LUSHINGTON was understood to draw a distinc-
tion between countries conquered, and merely annexed
by treaty.
Mr. Boriatfcx remarked that the islands of Guernsey
and Jersey had been re-conquered by English sovereigns
subsequently to the forfeiture of Normandy to France.
Mr. Bence—But he also alleges the King of England's
seisin of those islands to be a good seisin (pars pro tanto)
of the whole duchy.
Mr. Rounucx considered that a curious principle.
He, however, admitted that Coke conceived the islands
not part of the realm of England, though subject to the
Crown of England; giving as his reason that writs from
Chancery ran not out of the jurisdiction of Chancery.
But it was enough for this case that the islands were
under the Crown of England, subject to the prerogatives
of the Crown.

Sir S. LUSHINGTON—Do you contend that the prero-
gative of pardon is similar to that of declaring peace or
war, and is coextensive with it ?

Mr. ROEBUCK—Certainly. Lord Coke affirms it to
be, " Omni, soli, et semper."
Sir S. LUSEIRGTON—This argument is a most mo-
mentous one. Let me clearly comprehend your proposi-
tion. Is it, that whenever the Crown of England be-
comes possessed (at the close of war, by peace, &c.) of a
foreign country, there the great prerogatives of the
Crown instantaneously, and without any qualification,
attach ? " Omni, soli, et semper" are large and compre-
hensive words, certainly. But let me put a case. Sup-
pose we reconquered what we now call " British" Guiana,
and that previously the right of pardon had been in some
other jurisdiction than the Crown's, would the royal pre-
rogative of pardon directly prevail ?
Mr. ROEBUCK cited Lord Coke, 4th Institute, pages
356 and 357. At the same time, he admitted that Lord
Mansfield, in his judgment in the great case of the
island of Grenada, had appeared to consider that some
of the principles laid down, on the authority of Coke,
might be worthy of revision. This, however, was dis-
tinctly laid down, by Coke, that the Sovereign could not
grant away by charter any part of the royal prerogatives,
and that even by Act of Parliament it could not be done
by implication. Now he affirmed the language of les
approtations des lois, appealed to, as proving a grant of
this privilege now claimed for the Royal Court, could
only be conceived as conferring the privilege by way of
implication, if at all ; for it was only a general approval
of the customs of the island, which, according to the
Norman usages and laws, were said to justify the claim.
It was of the highest importance for the protection of the
liberty of the subject, that, in an island where a peculiar
local jurisdiction existed, with no right of appeal save to
the queen in Council, the royal writ of pardon should
not be rendered nugatory by a privilege of disregarding
it until that local court should choose to register it. Let
it be observed, that the claim was made equally as to
writs, Orders in Council, and even Acts of Parliament—
all were placed in the same category ; yet, from the time
of Charles 11. downwards, whenever the Royal Court
had presumed, in reference either to Orders in Council or
Acts, to claim that its registry was a condition precedent
to their validity, the Council had (so lately in one case
as the governorship of Sir J. Doyle) peremptorily di-
rected the Court to regard them as binding on the
island, independently altogether of the registry, which
was only for convenience.
Mr. S. WORTLEY referred to the order of the time of
Charles 11. (set forth in " Duncan's History of Guernsey")
as expressing that the Court had only acted under an
erroneous impression.
Mr. ROEBUCK read the order at length, The argil-
ment, had been placed on the same tooting with respect
to acts of Parliament and Royal writs. Now, he con-
tended that the claim, as admitted to be groundless
with respect to Acts of Parliament, and as shown by
precedents since Charles IL's time to live been dis-
regarded and overruled by the OPOWiI in Council with
regard to Orders in Council, must be equally groundless as
to royal writs of pardon, it being by law a; impossible

to grant away any part of the royal prerogative ,
as to give the right of dispensing with an Act of Par- '
liarnent. The Learned Counsel then proceeded to argue
that in a constitutional, as well as in a legal point of
view, it was very important that the judicial and the .
executive powers should be kept separate and distinct.
When a man had been judicially sentenced, the enforce-
ment of the sentence was one of the functions of the
executive; therefore, if the Crown officer (the Lieut.-
Governor) had the custody of the prisoner, he was right
in enforcing his liberation, as he had done, under the
authority of the Crown. In conclusion, the Learned
Gentleman intreated their Lordships—recollecting the
feelings which had been excited in the course of this
contest—would in their decision vindicate the Lieu-
tenant-Governor, without giving a triumph to one party
or the other.

Mr. WIDDINGTOW followed on the same side.

The Learned Counsel's arguments were not concluded
when the Council rose.

At its rising the Council adjourned till Wednesday.

COURT OF QUEEN'S BENCH, Dec. 16.
(Sittings at Nisi Prius, at the Guildhall, before Lord
DxratAN and a London Special Jury.)
THE ARCHINEDEAN SCREW-LOWE V. PENN AND
ANOTHER.

The plaintiff in this case, a smoke jack maker, who in
the year 1838 had taken out e. patent for :propelling
vessels, by means of a screw working under water at the
stern of the vessel, and the defendants are Messrs. Penn,
the celebrated steam-boat builders. The action was
brought for an infringement of the plaintiff's patent, by
applying his screw to the steam-boat " Infant Prince."
Mr. Sergeant Byles conducted the case for the plain-
tiff, and Mr. Platt, Mr. Martin, and Mr. Peacock ap-
peared for the defendants.
It appeared from the evidence for the plaintiff,
that he had taken out his patent in 1838,
and that in 1839 he had caused a number
of experiments to be tried on board a steamboat called
the Wizard, the name of which was subsequently
changed to the Cygnet, and that, in consequence of
those experiments, he had caused various alterations to
be made in the shape of his screws er propellers. It
appeared that Mr. Francis Smith, the proprietor of the
Archimedes, was present at some of those experiments, and
one of the persons who had assisted at the building of the
Archimedes, deposed that she had first of all been fitted
up with a whole screw, which occasioned a disagree-
able vibration at the stern, but that subsequently
the whole screw had been changed for the sec-
tions of a screw, by which the vibration was got
rid of. A person had called on Smith for the purpose of
remonstrating with him, but Smith was not at home,
and it did not appear that any further steps were taken
in the matter. It also appeared that the Government
had adopted the same principle in fitting up some of her
Majesty's ships, but it did not appear what steps
the plaintiff had adopted in consequence. When
the defendant was fitting up the steam-boat
Infant Prince and another boat with steam propellers,
they were waited on by Mr. Curpmeal and Mr. Briggs,
a gentleman possessing 7-12ths of Lowe's patent, to re-
monstrate with him for using Lowe's patent propeller
without a license.; various interviews took place, at the
conclusion of which Messrs Penn refused to apply for a
license, and the present action was in consequence
brought.

,
I or the defence it was contended that the invention was
not a new one—that it did not differ in principle from
Shorter's patent skulling machine, which was invented
in 1800—that it was identical in principle
and nearly in detail with Millington's propeller,
which was patented in 1816—that a Mr. Brown,
had invented and published, in 1825, a method of pro-
pelling vessels by means of vanes working under water,
and had published it to the world, ; aid that as far back
as 1815, had invented a method of propelling vessels by
means of a worm screw, or a number of leaves placed
obliquely round an axis; and that in Dec., 1829, a method
had been invented by Cummerow, of placing the screw pro-
peller between the stern-postand the rudder-post.
The various patents andmodels having been put in, Mr.
Rennie, the engineer, gave it as his opinion that
the principle of Lowe's invention differed in
nothing from those already known, and that
the mode of propelling by means of curved blades
working under water, and providing for the pass-
ing away of the water without choking, had been in use
before 1858. On his cross-examination, he stated that
in Shorter's, Millington's Brown's, and Trevethick's in-
vention the vanes were flat, and that Cummerow's patent
was for a whole screw, and not for a section of a screw.
The jury returned a verdict for the plaintiff—Damages,
Forty Shillings.

POLICE INTELLIGENCE.
GUILDHALL.

Thomas Barry, a respectably-dressed young man, who
was remanded on Saturday, on a charge of attempting
to pick a lady's pocket on Ludgate-hill, for the purpose
of making inquiries into his character, was again brought
up in charge of police-constable Wardle, 325.
A policeman of the L division of the metropolitan
police, stated that he had known the prisoner for the last
four years as a member of the swell mob. About that
time he was taken into custody for assaulting the police,
and was sentenced to two years' imprisonment. He sub-
sequently, about two months since, was brought up be-
fore the magistrates for thrusting a lighted link in the
face of a policeman, and was sent to prison for 14 days.
He was a well-known character.
Alderman JonlisoN said he should send him for seven
days for his present offence, and, as he appeared to be so
well known to the police, he had no doubt it would not
be long before he would be in their custody again.
Charles Why, a young urchin, about nine years of
age, was charged A,lth stealing a sovereign entrusted to
him, the property of George Brown, hairdresser and per-
fumer, of No. 17, Ludgate-hill.
Alderman JOUNSON said that the lad had been often
before brought to the Court. On the last occasion he
was sent, it appeared, with half-a-crown to buy some
meat for the purpose of making a little beef tea for his
sister, who was lying dangerously ill, and that he then
absconded and spent the whole of the money. It ap-
peared that he was incorrigible, and for his present
offence he should send him for three months to Bride-
well ; and in the meantime see what could be done with
him.