The Sun.
London, England, 1826-09-27 00:00:00

(Hear, hear !)_Pour months of the time which he was al-
lowed to pay his instalments had not yet expired.
Here a discussion -arose upon the subject of the power
of the meeting to rescind a resolution which they had
passed. • .
The Solicitor to the Company stated that they certainly
had the power.
The amendment Was then put and carried, by which
Mr. Furnival sustains a loss to the amount of 6,0001., he
having paid 61. per share upon 1,000 shares, which have
been thus declared forfeited by a majority of nine.
Thanks having been voted to the Chairmo, the meet-
ing separated.

FATAL DUEL. AT KIRKALDY.

CIRCUIT INTELLIGENCE.-PExTit, SErr. 22.

The Court this morning was crowded in every part,
soov after the doors were opened, it being known that the
case of Mr. David Landale, was to come on early in the
day. Lord Gillies entered the Court about half past ten.
Mr. Landale having been called, entered the Court, and
took his place at the bar.
The indictment was then read.

Mr. COCKBURN admitted the relevancy, but as the in-
dictment was not calculated to put the Jury in possession
of the whole facts, he thought it necessary to state them
More particularly :—The prisoner was a merchant in Kirk-
aldy ; his reputation there as a mercantile man, and this
is material to the decision of the case, was of the highest
order. The deceased, on whose ashes he would tread as
lightly as possible, was agent for the bank at Kirkaldy;
but he need not say, his duty as agent, to preserve_ in-
violable the transactions of individuals with which he be-
came acquainted as agent—the mysteries of the counting.
house—the hopes of private families, all come under the
observation of a person in such a situation; and in times
such as the present he is doubly bound to preserve in-
violable secrecy with regard to all matters intrusted to
him—times when his word can create credit where none
existed before, and can ruin it where it existed unimpeach-
able. Such was the situation, such were the times when
the unfortunate man, who is now no more, committed
the error which led to the catastrophe you have now
to judge of. He not only disclosed the private transac-
tions of the prisoner, but he did so in a manner the
most injurious to his interests : that disclosure, or rather
the manner of that disclosure, did operate to his preju-
dice, it shook his credit with all—even his oldest, I had
almost said his. hereditary friends, were affected by
it, and in some instances withdrew their confidence,—
Under these circumstances, Mr. Landale addressed a letter
to the bank, complaining of Mr. Morgan's conduct. The
bank, whether rightly or not, communicated this letter to
the late Mr. Morgan, and this gentleman, whose conduct
as agent of the bank alone, was complained of—who had,
as agent of the bank, and in that character alone, been con-
cerned in the transactions to which I have referred L--this
gentleman writes a letter, which I shall afterwards nrove,
accusing the prisoner of falsehood arid calumny, couched in
language framed apparently with the sole purpose of pro-
voking a duel. Several short notes passed, and the result
was a determination, on the part of the unfortunate de-
ceased, to compel the prisoner to send a challenge. This
was done deliberately, and advisedly done—for he had
taken advice ;—and—(l trust Kirkaldy contains better ad-.
visors)--he 'ad been told that the challenger was always,
on trial, sure of banishment, and therefore he must manage
to get the prisoner to be the challenger. This resolution
he accordingly formed ; he caused it to be circulated
in Kirkaldy that he meant to strike the prisoner in the
public street, the !lest time they met. Knowing what
would be the result of such conduct, he prepared himself
for it; he prepared the implements which he expected to
require :—he had his pistols put in order ;—he bad balls
(some dozens, I believe-) cast ;—and this, some days be-
fore the meeting took place. In a few days be met Mr.
Landale in the street, and made good his threat. With-
out provocation, nay without warning, he struck the
prisoner in the street. A challenge followed—for this
was inevitable. But even here the moderation Of the
prisoner was conspicuous,—before the meeting,—even on
his way to the' field,—he had still the courage (for it re-
quires courage) to say that he would accept an apology.
' Few men placed in such a situation have the courage to
do so; hut, Gentlemen, this prisoner had the humanity, the
good sense, to agree that such an offer should be made.
Gentlemen of the Jury, the offer was declined by the de.
ceased,—not by his second for him ;T.-it was declined by the
man who struck this prisoner with ?be purpose of provoking
a duel ;—it was declined pointedly, steadily, and obsti-
nately. No alternative remained—the parties went to the
field, they took their places, they fired, and Mr. Morgan
ceased to live. Such, Gentlemen of the Jury, are the
circumstances of the case,—such is the conduct of the
priioner at the bar • and I put into one and all of you, if
you had a son or a (mother placed in the situation I have
stated, would you have had him net as this prisoner has
done ? Or would you not rather ,consider his honour
lost if he had acted otherwise ? The Learned Counsel
concluded by reading an extract from the speech of a
Judge as to the law in a case of duelling.
Evidence was then called, which fully corroborated
Mr. Ceckburn's statement.—Several witnesses also spoke
to the mild and gentlemanly conduct of the panel.
Mr. JEMMY made an eloquent and elaborate defence for
his client. In nothing, he might say, was he more certain
of the cordial concurrence of his client's mind, than in his
expressions of coincidence with the sentiments uttered by
his Learned Friend opposite, at the close of his address.
The welfare and safety of the public rendered such inves-
tigations peremptory; and so fully was he convinced that
the result of this bad tended to the complete Justification
of Mr. Landale, that it was certainly matter of great eon-
gratulation that the honour and purity of his motives had
so soon been laid open to the world. Ile thought the case,
as it now stood before them, required little elucidation,
certainly the evidence required no recapitulation. That
the deceased met his death at the hands ter his client, ad-
mitted of no doubt; but with that fact, comparatively un-
important as 'constituting crime, nothing had appeared
from the evidence which was not calculated to excite both
sympathy and admiration. Whether they considered the
unsullied purity of his general character, the original rind
grievous wrongs he had sustained, the meek, temperate,
and even business-like manner, in which he at first, and
for some time, endeavoured to obtain redress ; the
most intemperate and unreasonable manner in which
it was withheld; the reluctance with which he adopted
the hest extremity and painful alternative—Or the ettlin
and generous manner In which he had consenter!,
to admit even of a verbal apology on the fatal scene of
the
their
l. catastrophe;commiseration
andr
nd
acquittal. It himt
wsastronngecla.det‘be.tthoa
rule of law that the taking away of human life (joint with
collateral facts only, however,) constituted murdere;farifd
although an abrogated law rendered the deprivation ie
by doelling,liable to that description, still no mode of
kill-
ing could constitute murder, unless malice could be proved,
which was inferred even in the term of murderd
u
it-
self. That the bare fact of taking away
el
constituted murder hi would deny. H life in a e
denied that
it could be law, so far as it was inconsistent with
' the views and opinions of the strictest moralists ; with the
taw itself, and no less so with the practice of the 'law.
(..n)mrsretillsollotira
econile
t)rary, it was a remedy for injuries for
which taw tribunals could afford no redress. While the
bums,f
nr,ticmrlidwuzletlis
eaxanirstilititrefined
v lat speciesi
i woi feelings
sometimes euxeiss tensue,in
which no law ips calculated to redress, and tinder which no
that during history we find,
to cruel feuds and
kmauinloartirearism such Feelings gave
to be
and were greatly
the ages of existence tolerable. In
deprecated. In our:inore ei
seldom
sine
that decision of differetweg b t'lt'e",d days, watt 5
it is shedding blood was resorted
to ; and then conducted.geneially with such frankness
In it great degree that imputa-
and gallantry, as to do away
tion of malice Which is necessary to constitute the positive
crime of murder. The law against it. had been abrogated, in
practice at least, and indeed it was ito longer necessary.—

Thus far he had enlarged as to the practice of the law—
he shiiuld again refer to the subject as it affected morality.
He was able to adduce the opinion not only of the strictest
moralists, but even of men no less eminent for piety, in
vindication of the practice in a moral point of view. He
would enumerate—Dr. Johnson, the greatest moralist of
his age, and equally remarkable for his religious austerity
and strict sense of propriety; Lord Kaimes, whose autho-
rity and reasoning on such subjects could scarcely be
called in question, and who had said that injuries will be
inflicted and sustained, which, till human opinion be al-
tered, no law can redress; and in which the injured party
is justified in having recourse to challenge for reparation to
his wounded feelings; Dr. A. Ferguson, whose conduct
uniformly comported with pure religion and strict moral
principle; who was appointed to the ethical chair, for the
purpose of forming the minds and morals of the young,
and rendering them the ornaments of society. All these
distinguished individuals held the same opinions. The in-
ference of murder in such cases was quite irreconcileable,
alike with the fundamental and improved principles of
law. An act committed out of necessity, from force, from
intimidation, or under mental aberration, could not be
construed as a crime. Unless the facts could convince the
Jury that the deed was maliciously committed, it was of
no consequence what his Learned Friend opposite might
denominate law.

Lord GILL lES then summed up, after which the Jury
returned a verdict of "Not Guilty."

FRENCH PAPERS.

SALONICA, Auth 18.—It appears that in introducing
discipline into his armies, the Porte desires equally to esta-
blish a little justice in his administration. Four firmans of
the Grand Seignor were read some days ago at the Me-
keine of Salonica, two of which are of, great importance.
The first abolishes the confiscation of the property of
Turks or Greeks put to death by orders of the Porte,—
forbids the Mollabs and Cadis from interfering with the
succession to property, in cases where the condemned par-
ties have heirs—allows them to interfere when the heirs
are minors, in order to protect their interests, by levying
only a simple duty, of 2i per cent., instead of 10 which
existed before, and which the expellees amounted to 20.
The second firman strongly recommends to the Mollahs
and the Cadis the greatest exactness in the administration
of justice, to prosecute carefully false witnesses, and such
persons as make use of them to cheat their adversaries; in
fine, to save the parties the useless expellees which are of-
ten imposed upon them.
Of the two other firmans, one announces the birth of a
daughter to his Highneis. The last is likewise a measure
of police to recover many precious objects pillaged from
Constantinople during the late revolution. The Paellas
and other authorities are enjoined to search with care for
the Janissaries who fled from the capital, to send them
back when arrested, and in case of resistance, to put them
to death.

This last firman has made a strong impression on the
spirit of the Janissaries at Salonica, whose coffee-houses
had been shut in the evening.
Selim Pacha continue; to reside at Armankeny. The
only motive, assigned for this long stay, as uncommon for
a Vizier as it is extraordinary for the mystery which hangs
over it, is his co-operation in the formation of a corps of
6,000 men of regular troops, which the Porte requires
from the Paehalic of Salonica. However general that
opinion may be, it can scarcely be believed that Selim
Paella is destined for such a mission. The Vizier, of ad-
vanced age and feeble health, who has spent 50 years of his
life in reading the Koran, cannot be supposed capable of
forming good soldiers.
We must soon, however, be informed on the subject, as
clothing for an army of 6,000 regular troops have been des-
patched for Constantinople.
The order of Dervisea called Beklachigi, has been or-
dered to be suppressed throughout Rornelia.
On the 6th we learnt at Salonica, that Rotneli-Valessi
had taken possession of Athens, and that the Greeks had
taken refuge in the Acropolis.
CONSTANTINOPLE, Auu. 23.—T0 recompence the zeal
of the Pachas who particularly distinguished themselves
in the late revolution, and the introduction of the 'new
discipline, the Sultan has added some Sandschaks to the
Government of several of them. Several changes of
Paellas have taken place. The most remarkable is the
recall of the Paella of Aleppo, which appears to have been
provoked by the complaints of the extortions of his Go-
vernment made by European:Consuls.
Letters from Alexandria, dated July 29, state that an
expedition of 8,000 or 9,000 men, with military stores and
provisions of every kind, was to sail for the Morea about
the beginning of August;
SMYRNA, AUG.I 18.—An ordinance of the Consul-
General of France, dated the 11th of this month, has
suppressed No. 244 of the Oriental Spectator, and sus-
' pended that journal till it should be confided to another
editor. The Iprincipal parts of this ordinance say, that
one of the titles of which his Most Christian Majesty is
the most proud, is that of Protector of the Christian
religion in the Levant ; that in appointing a Consul-Ge-
neral in Smyrna, the King has specially charged him to
protect, to defend, and cause to be respected in his name,
the religion which his Majesty professes, as well as the
greater number of his subjects; that publicly to attack in
a periodical journal points of belief, which serve as the
basis of this religion, is opposing this part of the mission,
and acting against the authority of the King.
(We have received this No. 244; there is a blank in it,
which was probably filled by the article complained of.)
The French subjects met on the Bth, in the house of
the Consul-General, to determine on the employment of
120,000 francs, which the French Government grants for
ground has purchased, and building an hospital. The
the work will be commenced' immediately.
The English met on the same day at the Caitlin() of
Smyrna,' to ask Captain Hamilton, by virtue of the ordi-
nances of the King of England, if the British naval force
will not protect them against the darin,g enterprises whiCh
which are feared from Lord Cochrane tr

The Rhinoceros, a large transport, which brought
250,000 rations to the French squadron, being, on the
24th ofJuly, near Cape St. Angelo, was surrounded by
Bight mistics, but after three cannon shot and a brisk fire
of musketry, the pirates were frightened, and took flight,
and by favour of the darkness, escaped the just punish-
ment they deserved.

An English ship of
war has brought hither 20 Arab
prisoners, whom Goora has given to Commodore Ham-
ilton."

(From the Journal des Debats.)
PARIS, SEPT. 23.—The Speetateur Oriental was, as
every one knows, only retnarkable for its headstrong hatred
against the Greeks; it was unwearied in doing them in-
jury, and in devoting them to destruction.
It was for a long time believed, that this detestable
Journal was paid by Austria, and protected by Turkey :
it was the most reasonable conjecture that one could form
in the mysterious existence of this French Journal, placed
as the advanced guard% the East.
An event, sufficiently strange in itself, gives rise to
other suspicions; but let 'tut first relate the event.—
What crowd of reflections must not this news give rise to.
At -first sight its mattifettt, that the Speetateur Oriental
was a Journal paid by the Ministry., either publicly or pri-
vately, for without that,no one could conceive what power
could authorise the Consul-General to suppress it, and to
require the nomination of another Editor. This would be
an arbitrary and tyrannical act, as far as regards a French
free citizen; but even admitting the Spectateur to be in
the same situation as the Etoile notoriously is, there would
be nothing so singular in it. It would be only the master
speaking to his' servent. The term ordonnanee only, we
consider unsuitable. •
Another observation is, that the King of France is re-
presented " as Protector of the Christian Religion in the
Levant--a mode of worship professed by the great majo-
rity of his subjects."
Without doubt the Coustd.Generid by this understands