The Sun.
London, England, 1826-02-13 00:00:00

...J. THE SMALL-PDX iIOSPIT4LOW.

A Meeting of, MO Governors of.the aLove,
pital was held en Saturday in the CoMmittee Room, " to con.;
cider the Physicians Report to the last General Court, written
copies of which liattbeen transmitted to his Royal highness' the
Duke of York, and his Majesty's Secretary of State."
The Duke or,Yonsz. took the Chair, and'opened the buSinetta
by stating, that the Meeting, had been specially conrened 'by
bon, in masa/new° of a statement that appeared in the Phy.
sicians' Report, which had been sent to him and ,Mr. Peel, that
twelve persons had died in the hospital last year of the small,
pox, Who had previously been vaccinated. Such a statement
having caused considerable alarm in the public mind, they
thought it. theiT duty to cause an iniestigation to by made as to
the truth of the stateinent.
A number of witnesses :were then examined, when it sp.;
peered that thew was no proof that the persons heal any of them
been vaccinated; none of their). having exhibited the Usuid
marks, althotrgit cull of them stated that they had undergone"
the op ration irr OW country, Where., hoWever' it is generally $
badly performed, that it seldom has any eifect. The Report
stated positively, that the persons had been vaccinated, instead
of saying it was presumed that they had been. The omission.
of this word caused the inquiry to be made, with the result of
which his Royal highness expressed himself satisfied.

LAW INTEI:LIQtNCE.

Fis. 11.

• TIIOIII.T',Y
The question in this ease arose out of a very singular be.t
quest contained in the will 'of the late Earl of Lindsay, which
bore date in .June, In& The testator died in February,lll2s,-
and after giving by his said will numerous pecuniary 'legacies
so
be applied to tarious charitable uses, lie directed his executor
to renew the lease of certain lands in Antigua, which he him,
self then occupied, and in the Year IBM to emancipate all his
sego slaves, having first instructed them in the Holy Scrip=
tures, taught them llifrerent trades, and shared amongst them
the sum of 10,0001. It was argued by Mr WRAY, who re-' presented the Atieerney-tietteral in this suit, that this mast' .be
considered as a charitable bequest to the negroes, and that he
was therefore entitled to have ivreferred to the Master to in-
quire whether •it could, and what would'he the best means of
carrying it into effect; that,if it could not be carried• into 0144
t report to what other purpose the suni bequeathed ought to'
be applied. • ,
Mr. HEALD, who was counsel for the executor, stated, that
the negroes had its yetAhcen kept in ignorance of the bequest
for that it' they were to be made aCquained with it, the mo,t.
)?ernicious consequences would • in all probability ensue; in.,
deed, an insurrection amongst them might be expected.
Mr. IlanT, who appeared for the heir.aNlaw Of the testator,
resisted tile bequest altogether, and expressed.. consider4ble
doubt whether it was not wholly invalid 'by. the laws or
Attu
tigua.
nialloimun was clearly of opinion that this qiust be cost.
skiered as a charitable bequest to the negroes.antillireeted it to
be referred to the Master to take the usual accounts of the tel..r
tator's real and personal estates, and of the amount of !ie legs-
cies bequeathed by him ; as also to inquire what slaves the Les:
tator was in possession of at the time of his death, how mane.
had been born since, What was their -mats: and condition. as she'
whether by the laws of Antigna this was a valid legacy.

COURT O 1 'KING'S BENCH, TED. IL
IN THE :VATTER OF WALLACE.
Mr. DowtAtio- moved on behalf of Mr. Wallace who hail
Been an officer in the army, and was now a priioner in the
Klng'4 Bench prison for debt, that the Marshal .should restore
him to the enjoyment of air and exercise allowed to the other
Drooners, IlJx.a iclAvit stated, that onJe eveuinkel the par
••,••• L.rturix-r, •••••• :11111(e!.
itireng room; 'or dungeon, where ha h since been ennfined
with two other persons under circumstances calculated to injure
his health, which was infirm. He had never been brought
before the Marshal, though he hail often requested to see hire.,
and was unconscious of any offence which could justify such
restrictions.—The Coti ItT granted a rule to show cause.

COURT 01" COMMON PLEAS, YED. n.
YiliftAnnt v. cemickier.
Mr. Sergeant VAUGuAti was about to show cause against
the rule which had been obtained by Mr. Sergeant Toddy for
an arreat of judgment in this case, and coinmenced by übsere-
ing on the difficulties of the situation in which he was placed 1
when •
The Lola) Crimp JurercE, rifler a few minutes' de.'
liberation,' with the rest of the bench, interposed, and
said that he felt the situatim of his Learned brother, and was
anxious to relieve hint from its diflicoldes if he could con,.
eistently with doing,: justice to both parties. A motion Mut
been made on the part of the defendant for a new trial, on the
groom] that certain,. allegations contained in the declaretion
bud not been PrOVed,---nantely% that there was. such a state as
the state of chile. and that the plaintiff was Minister Pleni-
potentiary from it to this country ; and also that there was
sec!' a State as that of Boenos-Ayres, and that a Mr. Bullet
wits Consul-General front that State. Now, it a-as the unani-.
1110 Us opinion of the Court that there was no foundation for that
objection, because all this being mete mutter of inducement',
it was sufficient that the defendant admitted it upon the face of.
the libel. Then there was another objectioo' timely, that the
raising of she loan from England WAS illegal, and therefore the'
plaintiff could, not recover. But his Learned Brothers and:
himself were all agreed, that because a man was engaged
an illegal transaction, another man'hatl not, therefore, a tight
to impute fraud to him taint that transaction. Because: the
pi/timid.' had raised a loan here, for a State at war with the.
mother country, the defendant was nut, therefore, juatified us
imputing to him the commission of a fraud upon Englund.
—But he (the Chief Jrtstice) had found that, misled by the
inuendos in *declaration, he had mistaken on the trial 'fhe
meaningof the Übe), in,supposing that it imputed to the plain•
tiff a fraud upon Englishmen. Ile was now of opinion that
it did not impute the commission of a fraud upon the people of
England, but upon the people of Chile ; and if that wow the
true coostruction of the. libel, the inuendas .which imitated
fraud upon Englishmen were not proved, and the ease ought
to go down for a 'new trial; to ace if they could be proved. His
Lordship here read the libel, . and 01)3014.11 that the institution
it contained was this—tt, You, in collusion with Millet, raise
the loan of a aunt of money on alie security of the people of
And then walk tato Paris with 200001. of it.'' ljece;
add' his Lordship, he does not cheat me, but he cheats those for whom the money was raised, unit who are my eeettrities.
It was not' the people of Paiglantk therefore, that lie was ac.
cased or defrauding, as the inuendo charged, but the people
of-South America, who had trinded hint to raise the loan ou
their security. liCing, therefore, of opinion that he wits
wrong in. his view of the meaning of the libel onahe trial, hit'
attention not having been drawn to this point,lia Lordship
thought. that the caw. ought to he tried again. •
Mr. Sergeant VAttoirali expreesed a hope that as this war
a new view or the case, counsel might be indulged with au
opportunity of arguing upon it. "
The LOnri Cumit, Jutrrict insisted that it WAS not a new
point, but one of those Ott which the defendant's counsel
grounded their motion.
Justice PARK said, that the ground upon which the'
Court formed ha decision teas one Of great kindness towards
the parties.
111 r. Sergeant Vallottasr still pressed his application.
Arr. Justice etsELEic said, that it could not be acceded to,
after the Chief Justice had declared that he had been in ,rror
upon this point, his attention not having been culled to it 414
the trial.
.51r.sergeantir.Auomor then asked that the diffenatild migrit
pay' the costs, and bting the 400!. into Court.
thing be inQgn,uoagee}(l,l Earle jtSTic
,Judge had
r thel j
bleme., by ilcknowlvtiging that he had Levu in error. Tho
Court had acted most kindly towards hint it) granting the new
trial. •
'PAun t' here said, he would Abandon his rule.
titilatlnetv taken leis ilt edsh°orte lo7h trio
ISite,rtgk,e,"ntt the Court would mould
Their decision in whatever way they 'pleased.
The Cot/we said they would order a rule for ti new trial.
Mr. Sergeant A,Atfoshist hoped they would order the costs
to abide the event.
Mr. -Justice Gasiterr.—The minister plenipotentiary of
great state ft:Ai% question of eolitti to abide the event
Male for a new trial made abselute.