The Sun.
London, England, 1828-11-29 00:00:00

SPIRIT OF THE LONDON JOURNALS.

While every day's reflection strengthens our con-
viction of the necessity of restoring peace in the east
of Europe, every day's intelligence supplies us with
additional evidence that this is the most favourable
moment for making the attempt. The contending
parties have for a while suspended the struggle,
from which both have suffered too severely to be
desirous of renewing it. The Russians especially,
we have every reason to suppose, are heartily sick
of the whole business. They engaged in it without
due precaution ; and the national appetite for war
naturally languishes on the failure of the great sti-
mulus—success. But however anxious the Emperor
of Russia may be for a termination of hostilities, he
may not impossibly feel considerable repugnance in
making the first overtures.to the Porte. It is but
natural, therefore, to suppose, that his Imperial Ma-
jesty would feel grateful to his allies if they should
relieve him from this embarrassment by the interpo-
sition of their good offices. But it is not as an act
of kindness to the Emperor Nicholas, that we would
earnestly press upon the Governments of England
and France the evil of any longer delaying their
interference between the belligerents. We need not
remind his Majesty's Government, that upon the
success or failure of that interference, depends, in all
probability, the integrity, if not the existence, of the
Ottoman State. Still less, we hope, need we call
their attention to the momentous consequences
to Europe, and especially this country, of Russian
preponderance in the Levant. For, however Russia
may have failed, it is certainly riot beyond the
reach of possibility, that by renewed efforts on a
larger, and at the same time more concentrated scale,
she might in the end overmaster Turkey. Whv,
then, should we not at once state to the contend-
ing parties our readiness to assist in accommodat- !
ing their mutual differences, but in the same breath
our determination that at all events hostilities
should cease ? We repeat that it is little likely
that Lord Heytesbury and the Duke she Mortemart
will meet with any serious difficulties at St. Peters-
burgh. We wish that the aspect of affairs at the
Turkish capital was equally promising. But though
we cannot shut our own eyes, or attempt to blind-
fold our readers, to the obstacles that present them.
selves in that quarter, we do not hesitate to say that
they are such ^ ought to give way to the .necessity
of peace. •: We have already taken occasion to sug-
gest the meansof removing the mai ibarrier against
negotiation, by ; -recommending, -the, immediate
return of the Ambassadors to,Coustantiuople. That
we should make the first step towards resuming di-
plomatic relations with Turkey, may sound a little
grating at first to our notions of our own dignity.
But, judging by the past, we should handy suspect
our rulers of such fantastic deference ,to the niceties
of official etiquette, as to . sacrifice to their obser-
vance a measure on.whicitiltbo,trancluillity of Europe
may depend. It was, wepresume,-for.the sake of
promoting that -tranquillity, i that theAMbassadors
quitted their posts last year; and we cannot see
where would be the inconsistency if, with the same
view, they were now to resume them. During
their absence a new question has sprung up, which
entirely changes; the lace of affairs. The Russian
war has, if we roa.y.usesa military metaphor, turned
as it were the position which_ the Allies had pre-
viously occupied, and it would be surely no disgrace
to take up anew sane' hi self-defence. Let us not
sacrifice the spirit to the letter, or trifle away the
welfare of Europe, from a prudish reluctance to
make the first adVances to reconciliation.--Times.

We some time ago mentioned that an intention I
had b.:en expressed by Government to require the
dispersion of the. troops in the Portuguese depot
at Plymouth in small parties over the interior. The
ostensible motives for this projected measure (as we
then stated them) did not appear to us sufficient for its
justification, and were probably put forward ac
substitute for others, wh;c4-) it would not have been
so convenient to avow. It is eas7 to imagine that
Don Miguel may have found means to represent to
our Government that the existence of a body of
Constitutional troops on our coast, ready to be ern,
barked at any moment for dm shores , of Portugal,
coupled with the cherished presence and recognised
title of the young Queen among us, to whom these
troops have devoted their swords, is a depart4e
from the neutrality which we have alwaysprofessed to
observe between the two parties which now distract
that unhappy country. It is easy to sqpose that
the usurper's Minister, though not recognised in
London, may have been able to remonstrate against
the existence of such a force in such a situation, as
bearing the look of hostility ;; and that his
Majesty's Ministers, without mach consideration,
of :he qfiestion,may have yielded to his importuni-
ties : hut it is impossible to conceive that any change
in the policy hitherto pursued towards these unfor-
tunate emigrants could have been adopted from serious
apprehensions of the dangers which their union in
Plymouth created to our, national habits, or to the
safety of our naval arsenals. It is therefore to be
hoped that his Majesty's Ministers will consider
their half-formed resolution, and, seeing that it can-
not be justified on grounds wit:elt they can avow,
will not press its execution front wspect to the re-
monstrances of a party whose claims to their favour-
able attention do not exist, or cannot at least be pub-
licly declared. It might be premature for us now to
disclose what is understood to have been the course
oldiseussion between our Government and the Mi-
nister of Brazil on this subject. Suffice it to say,
that the latter, it is reported, contended, and WO
think_ with justice, that the Portuguese emigrants at
Plytimitth could not be considered in the light of
prisoners 'war- that it was not therefore necessary
rn "Se °F theloter) to disperse them into the in-
terior-to prevent their e„ape;, that
they were paid and
supported by tlteirovvn Sovereign,and ought not there-
fore to be dealt witiras foreigners subsisting on the
bounty of Eng,land ;Ilia to separate the officers from
the soldiers, aug to scatter- them over the country in
small parties, would be to destroy au discipline,and
to leave them a prey to the seductions of their ene-
mies ; and' that the troops of the depot were the
subjects of an ally, who threatened no danger to
Our
internal security, and could employ no means of em..
broiling us with Foreign Powers. In case, there-
fore, the English Government persists in s:s resolu-
tion, of disorganization and dispersion, the Minister
of Jjon Pedro will rather, it is said, give orders for
their immediate embarkation for Brazil, than accept
for them an asylum in England on such .mischiev-
ous and degrading terms. The change in
policy would thus be the more distressing to the
friends of legitimate government, as it was from a
regard to our long connexion with Portugal that the
emigrants were brought to our shores, while France
was open to receive them, on the conditions which
we have hitherto observed, but which we seem re-
solved to observe no longer. And had they been
conveyed to that country which offered them an
asylum in the first instance, but .which could not,
out of delicacy to ,England, receive them, if ba-
nished by us, we may test assured that the re-
monstrances of Don Miguel's agents against their
treatment would have been as tale listened to
by the French Ministers Paris, as his 4mand for
Royal salutes was listened to by the captaio.s their
ships in the Tagus. But let us sill hope that nO
change will be ordered till the final intentions of
Don Pedro for supporting the rle,,,ts and interests
of his daughter in Portugal are ascertaiped. We
copy the following testimony to the good conal4,ct of
the exiles from the,P4olouthJouraah_o The num-
ber of Portuguese now in Plymouth, instead of be-
ing 4,000, is not quite 3,00 and as to the
danger
of allowing them to be conginated in the neigk
bourhood of this naval arsenal, it must vanish the
moment we reflect that they are totally Lnt-mak), wi
that a very small force from cu; barracks could easily
overcome the whole body. Its to the fear of an in-
jurious effect on the native character, it is, we think,
equally without foundation; for we believe that
there is not an inhabitant of these towns who will
not bear testimony to the orderly, sober,s.nd correct
conduct of these strangers, both in public and private;
indeed, no stronger proof of this fact need be adduce
ed, sham that during the period of nearly three

Imonths which they had passed amongst us, not one
complaint has been made against theni before the Ma-
gistrates. To remove them at this season would be an
act of great cruelty, for they are now in comfortable
quarters, and prepared to encounter the cold of a
winter much more severe than they have been ac-
customed to. The inhabitants in general, but par-
ticularly the tradesmen, will regret their departure
whenever it takes place, for they spend about 3,0001.
a week here, and are, of course, a great benefit to
the town, without being in the least offensive or an-
noying. - Tlie serious accident which has befallen
Don Miguel will, in all probability, soon open the
road for their return to their own country, and we
sincerely hope that our Government will not be in-
duced to adopt any- measure for their removal at
present."—lbid.
In Mr. Cobbett's Treatise on Indian Corn, of
which we shall give an account in a day or two, and
of which we shall now say in passing, that it is one
of the most racy and amusing volumes we ever read,
he observes, " Labour is pain; and nobody likes
pain ; and this is sufficient to say upon the subject.
So well is this philosophy understood in America,
that there they give the name of fro/ic to a great
many things, which we call work ; the putting to-
gether of the frame of -a roof of a house or barn,
they call a raising frolic. Wherever a considerable
number of persons are wanted to be working toge-
ther at the same thing, they call the affair a frolic.
The getting together of stones or rocks, as they call
them, to make the foundation of a barn or a house,
they call a rock frolic; and you will sometimes see
forty or fifty waggons and pairs of oxen or horses
coming from all parts of the neighbourhood, each
bringing a load of stones or rocks. This is, I may
say, always done, in a ease of house building for a
new-married couple, especially if they be poor.
Some bring rocks, some lime, some sand, others
boards, others timbers, others shingles and lat 6,
while others are ac work digging out the foundation,
building the walls, preparing. the frame; and, in
short, here is a house built in a twinkling, and the
owner of it, very frequently, has it without the cost
to himself of any thing but of the iron-work. When
I moved my things from Long Island down to a
house and piece of land near New York, just before
I came away, there were ten neighbours, some with
one and some with two waggons, to do the job for
me. If there be any thing more amiable than this
—any thing that bespeaks a better people—l should
be glad that some one would•describe it. But it is'
the ease in which the people live that is the great
cause of this neighbourly conduct; the exactions of
the Government are so trifling, the graspings of the
miser and the usurer are so small comparatively;
there are so few idlers to live upon the fruits of the
labour of the industrious, that, with very few ex-
ceptions, every one has something more than he
wants; and to keep a people in this state is the first
duty of ever} Government ; its very first duty ; and
it ought to be the first aim of every'Stetesman, who
never ought to close his eyes in quiet with the
knowledge of the fact, that a considerable part of
the people are in want." By way of contrast let
us take the following picture of 'the labouring
classes of England from a very valuable work,
just published, under the title of " The pre-
sent State of the Tenancy of Land in Great Bri-
tain, &c. collected from a Survey made in the
years 1827 and 1828, by the authors, L. Ken-
nedy and T. B. Grainger :"—" Extreme po-
verty, (say the writers), more especially where
a man has a family to support, is in itself a
great , temptation ; and if through that he sets
a 1;44 example to his children, the evil is a hundred
fold increased; . . . The evil has increased to
such a magnitude as to attract the attention of al-
most every Nobleman and Gentleman in the king-
dom, . . . Experience has, unhappily of late,
too clearly proved that the proneness to crime has
outrun all the severity and terror of punishment :
and why; Because, in addition to the motives or
temptations already mentioned, the faet is notori-
ously true, that many men actually commit crime for
the purpose, or at least with the hope, of bettering
their situation ! There may be many shades of
opinion as to modes mul measures, but there surely
can be no difference es to the main point, namely—
that it is most essential to the welfare and prosperity
of the State that a large number of the individnals
' e„ apprising its population should not be reduced to
that hopeiees condition in which they have no other
prospect of bettering themselves, than by the commis-
sion of crimes. Humanity revels at the bare idea;
but stubborn facts have unhappily prevei its reality.
. . , . Education may undoubtedly do much ;
but if there le great poverty and great temptation,
it may, unfortunately teach a man in what way he
can more securely systematise crime, as well as
point out to him the paths of religion, of virtue, and
integrity; mid it is a well-known and melancholy
truth, that instances of this retrograde course—of
this abuse of either natural talents or acquired endow-
ments--are by no means rare. But where, it may be
asked, is an effectual-- remedy to be found ? lteli-
ginp; instruction and education accompanying it, are
unquestionably most essential ; but they are not of
themselves,. nin• Gar; they be, the remedy sought for;
' they, doubtless, frequently enable men to bear up
against calamity, and resist temptation; but it is
impossible they can remove the evils arising from
the extreme poverty of numerous classes of the
community, especially where a man who is sent to
gaol, or tianspoeted to New south Wales, fares bet-
ter, and is better off than when lie was at large, or
et home. The temptations to commit offences are
time ep much increased, that punishment in many
cases become; a mere name; it is; in fact, no pu-
nishment; it is what the offender sought, what he
looked forward to,, what constituted his chief
motive for committing the offence for which he is
(as it is called) punished. That this is ZW exagge-
rated statement every day's experitnee abundantly
testifies; how, then, can punishment, generally speak-
ing, operate to decrease grime ? The reverse is, un-
happily too clearly established, and is indeed admitted,
Even those measures, which were thoaght to ope-
rate as preventives of crime, by means of the re-
' formation of offenders, have been found to lie inef-
fectual; and why ? because the strong motive still
exists—the desire a man has to better his situation ;
and his being unable to discover any other mode of
doing it than by committing ap,'pp offence which,
.through the medium of legal punishment, may lead
to -the reeeomplishment of that object, he taking care,
or at least beiieeiog that he does so, not to subject
himself to the extreme penalty of the law. This is,
m truth, the real state of the ease, and it is most
fitting that it should be anxiously looked at in that
point of -siew; in order that some remedy may be
discovered and applied." Here is a contrast, in-
deed ! • The people in size country giving way to
the benevolence which is natural to man, when his
kind feelings are not repressed by want or the dread
of want. In :the. other, the. base on which society
rests so miserable, that the habitual existence of the
cannot
inll° t be. made worse by punishment ! It
s thei le
nveltich the people live in America, ob-
serveskli)ei
td
opa veryed
n e i gt !rift, r 1 I%ylr.
And how is it that there is
Cobbett, that makes them
America ?. Because there are so
ill England? The
Efeowmiudell
eirseats:
rye on the fruits of labour. True, as
far as it goes.—But, then, how is it that there are
ref the country, .
civil and military, no
tililtifilrrisuit America, and meny
idlers—the Neti i'
tdeesowtuabbrt account for saeatV of the, ,e, , cum
,try, Tut still this
Debt, also presses hard on itiesse
e .necounts only for part of the evil. There are rata to
landlorale in England ; in America the abundance of
t•
of rents. fn Areeniea the labourer a CS
land prevents, eeseent in particular spots, exac-
tionthe
all; in England the -landlord tei!ea
the redtree, and the tithe-holder a tenp).
a thirdk of
There are about
,Coarteen or fif(eee millions of acres
in Engla-ad tuiderthe dough, and there are fourteen
or fifteen millions of peotele to be fed from them.—
The numbers: of the people make their ;.eltioter a ding,
g4:74 we have hundreds of thousands of ‘vretcheO
called weerers, who Work in cellars, whose pale
Ifaces when they walk abroad bear testimony to the
dreariness of their lot, to produce silks, and muslins,
and laces, and shawls, for those who are privileged

to share the produce of the soil without labour ; we
have hundreds of thousands of other poor creatures
competing with each in various other ways, each
tasking himself to the utmost to produce some gew-
gaw to tempt the Lords of the Creation, to accord to
them a pittance of the produce of the soil to exist on.
We have in every parish labourers competing with
each other, and only rescued by the poor laws from still
greater misery—rthe poor laws, which. secure to the
wretch at least a subsistence, work or not work,
leaving him in the latter case leisure for poaching or
thieving to improve. his condition. The whole social
system of this country is necessarily a contrast to
that of America. Increase of population increases
rents and depresses labourers. Wherever there is a
flourishing Squirearchy, there must be toiling and
privation in the lowest grades, capacious prisons to
contain the thieves and the swindlers, who have a
relish for more of the good things of this life than
can be obtained by mere labour. The Duke of
Wellington never, we dare to say, allowed one
muscle of his hard face to be moved 14y such consi-
derations as the sufferings of the people; and it is
but justice to say, that under no Government could
a country densely peopled, like England, have those
frolics which Mr. Cobbett describes so well. Our
lot is different. Toil, hard toil, in the lower grades
—the spectacle of excessive luxury in the highest, to
fill all below them with envy and discontent ; and
ingenuity, artifice, and hypocrisy, talents of various
sorts, must be constantly in requisition to enable
men to escape the distress and privation before their
eyes.—Morning Chronicle.

Complaints would of necessity nearly altogether
cease, of wretched criminals and their connections
being kept in suspense as to their fate, if the law
were less sanguinary, and more certain in its opera-
tions. When a .reform in our Penal Code was in
progress, it was reasonably expected that these two
points would have been more attended to than they
really have- been, and that we should not again have
heard of forty or fifty persons being condemned to die,
of whom not one-tenth are deemed fit objects of such
a proceeding. Either the law is wrong, or humanity
gets the better of the stern judgment of those who di-
rect its operation. We believe the first position to
be the true one ; and that reason as well as huma-
nity shrinks from doing what the law implies ought
to be done. lf, then, the law be such as neither
reason nor humanity can justify, we may fairly. be
-permitted to ask why it is allowed to possess a cha-
racter sanguinary in appearance, while, in reality
and in effect, it is justly rendered as merciful as
-it ought to be. Why may not the law itself
claim the merit which now belongs to those who
may be said virtually and most virtuously, to
vielate it ? It is qUite clear that capital punish-
ments cease to operate by way of example in
cases where public opinion is opposed to them;
and it is a horrid thing to hear criminals exclaim that
they arc "legally murdered," merely because they
have been taught to believe that the law is what it
ought not to be. But it is still more strange and un-
accountable that the law should be allowed to appear
more harsh in the metropolis than in the provinces;
yet such is actually the case, merely because a
wholesome law, which saves the Judges from the
painful anomaly of passing sentence of death
where it is not meant to be enforced, is, by some
indescribable quibble, supposed not to extend to per-
sons convicted at the Old Bailey. We are surprised
that even personal respect for the feelings of the
Sovereign do not operate to put an end. to this ab-
surd distinction ; and that the King in Council
should be obliged to go through a harrowing detail
of crimes committed in London and Middlesex, most
of which, if committed elsewhere, would undergo
no such ordeal. Nothing can so effectually tend to
make the laws efficient, in the shape of prevention,
as certainty in their operation ; whereas, at present,
so uncertain is our Criminal Code (even in its re-
formed state) in its operation, that culprits calculate
upon its chances, arid, looking at the prizes, or
chances of escape, as ten to one greater than the
blanks, or chances of certain known punishment, they
recklessly adventure in a lottery so tall of attractions,
• with so little really to deter. Besides the agony which
the present uncertainty brings upon blends and con-
nections only punishes the innocent, without, in any
degree, deterring the guilty. The future criminal
only judges frem the result. He neither knows nor
cares far the tears of the wife, the mother, or the
sister. AU that he knows is, that, though so many
are condemned to die, only so small a proportion
stiffer, that be fearlessly pursues his guilty career,
satisfied that the probability is that, let things come
to the worst, he is not very likely to be the tenth
man, While, then, our rulers are reforming the law,
would it not be wise to look to this view of the mat-
ter ? We do not say that capital punishment should
be so certain as to

" Shut the doors of mercy on Mankind ;"
on the contrary, that, we trust, will always remain
the Monarch's prerogative, and the brightest jewel
in his crown. But we would have capital punish-
ments taken away from more than half the offences
to which they are now nominally affixed ; we would
have those which are substituted in their stead ri-
gorously enforced.---Morning Herald.

A whale, between eighty and ninety feet long,
followed a vessel for nearly two hours on Itith ult. in her
voyage between Newport (Isle of Wight) and Guernsey;
the monster was repeatedly &red at before it changed its
course.— York Chronicle.

The number of students at the University of
London goes on increasing daily. It now amounts to
437, and there are so many attending the lecture of Pro-
fessor Altos on English Law,- that he has been obliged to
remove to one of the large theatres. The Conned are
getting valuable presents for their museums and library.
A donation of some interest has been made to the latter by
Mr. Wren, of Charing-cross, the successor of FADEN.
It is a chart and directions for sailing from the harbour
of Halifax to Quebec, drawn up and in the hand-writing
of Cook, the navigator, when he was Master of his Ma-
jesty's ship Northuntherland. The new shares, we un-
derstand, are coming in so rapidly, that there is a fair
prospect of the additional capital required being speedily
obtained.

A silver trowel has been forwarded by the
Committee of the Brighton Royal British Schools to Lord
JOHN RUSSELL.-Brighton Gazette.

The carriage of Mrs. STOUGHTON was rob-
bed, on the 2d inst., at Owlpen, Gloucestershire, of pro-
perty to a considerable amount: The whole of the pro
perty leas been recovered. The jewels and other valuables
were bid in dom/a in Owlpen and Iney Church-yards.—
Worcester Journal.

In our last notice of the horrid case at .the
West Port, in which one 13u aKE and others were implicated,
w mentioned that the report of an idiot, of the name of
Daft Jamie, having unaccountably disappeared was untrue,
as Daft Jamie had been seen in life a day or two pre-
viously. We were misled in that statement by the cir-
cumstance of there having been two aift Jamies; and we
can now state with confidence that one of them has been
made away with— •by whom we shall not say, but circum-
stances liave transpired which indubitably fix, in the eye of
reason, thouy,h perhaps not of law, the guilt of his murder
upon one individual.—,,edinlmrph Weekly Chronicle.

BROOM lELAW.—It is gratifying to notice.
that the shipping trade at our port for several weeks has
been exceeihngly brisk, and at present.seems to be daily in-
creasing. During the last summer, the regillar traders,
foreign and coastwise, occasionally were unable to procure
• full cargoes, and the business then done was trifling; nor
was any visible briskness apparent, if we except the usual
hustle and activity which at that time prevailed among the
steamers. This trade, like other joint stock concerns, le4
to competition: which for the last two years has been car-
ried o;-; teq. so great an extent, that several new steamers
were built and plu:,;(1 to ply to and from Glasgow
which were previously occupied, paij which quickly
led to a great reduction in the rates of the original faresr
in many instances to one-fourth of the original charge.
Tiv..proprietors adopted this plan to draw support to their
particular boat?, and the example was quickly followed by
their opponents, so that the public were in a manner bene-
fited thereby, and people we' re indnced, occasionally, on
this account, to visit watering-places and other retreats,
ctberwise probably would not have been the case had
the fares suffered no rednetion. The season for jaunting
by steamers is now over, and the steam,boat-quay appears
occasionally very (lull, and sometimes even entirely desolate.
...Glasgow Free Press,

LAW INTELLIGENCE.

COURT OF KING'S BENCH, DUBLIN, Nov. 24.

(From the Freeman's Journal.)

THE KING, AT THE PROSECUTION OF LORD VISCOUNT DUN•

CARVAN V. WILLIAM GLYNN, THOMAS SHEEHAN, AND

301-IN NOARE•*

The SOLICITOR • GENERAL rose and observed, that it be-
came his duty to state at length the affidavit of Lord Dun-
garvan in this case, which was one that called most loudly
for the interposition of the court, as a grosser libel, or one
more calculated to injure a man in public estimation, had
never been put finward.
_

His Lotinstur stated that a publication had appeared in
the Dublin Evening Mail of the 7th of November, which,
after commenting on the public dinner at the Mansion-
house, on Tuesday, the 4th of November instant, proceeded
as follows :

•
" One drawback, and only one, occurred during the
evening's entertainment. A person, possessing a title, we
will not call him nobleman—not a member of the Bruns-
wick Club, nor thank God, an admirer of its principles—
a liberal, and something else that we will not name—had
the meanness, in the first instance, to intrude himself into
the orchestra, where the band was placed, and being driven
from thence, hid the audacity to force his way into the
box appropriated to the accommodation of the Lady
Mayoress. and the ladies of her party, when his conduct
was so gross, and his demeanour so disgusting, that the
females were compelled to retreat, and his Lordship—we
blush for the peerage, while we reluctantly acknowledge
the title—was given in charge to a constable, and, we be-
lieve, lodged in a watch house. This person was the
Viscount Dungarvan, the eldest son and heir apparent of
the Earl of Cork and Orrery. The excuse, it is said, is
that of intoxication. His military propensities, for he was
formerly in the Guards, might have been roused by the
sound of martial music, as he passed through Dawson-
street, and he could not perhaps resist the natural impulse
of making one in a party of soldiers, even though they
were bandsmen, and no drum-boy amongst them ; but
what could have induced Lord Dungarvan to force hie
way into the company of ladies, is more than we can devise,
and more than we shall venture to guess. He was accom-
panied by an associate—more of him anon."
The Learned Counsel 'then proceeded to state the affi-
davit of his Lordship as follows :

That being desirous, from motives of curiosity, to ob-
tain tickets of admission for himself and some ladies of
his family to the gallery appropriated for strangers, on the
occasion of the public dinner of the Brunswick Club, at
the Mansion-house, on Tuesday, the 4th of November,
instant, he on Monday, the 3d instant, applied to Sir
Edward Lees, to provide them for him, and said Sir
Edward, as he has heard and believes, did cause such ap-
plication to be made, and received an answer, as he in-
formed deponent, which deponent believes to be true, that
the tickets should be sent.

That deponent, on the following day, called again on
said Sir Edward Lees, who informed him, and which he
believes to be true, that he repeated his application to the
individual to whom be had before applied, and was inform-
ed said individual was not at home, and would not be home
una late hour.
That-concluding the omission to send the tickets was
through mistake ouly, deponent, at a little after eight
o'clock, on the evening of said Tuesday, the 4th of No-
vember, instant, went alone to the Mansion-house; being
admitted, deponent desired to be shown to the Lady
Mayoress's box, whereupon deponent was informed there
• was no admission except for the Lady Mayoress's party, pn
which deponent replied that he was Lord Dungarvan, and
knew the Lord Mayor, and was sure he would not be con-
sidered an intruder ; upon which deponent was allowed to
proceed, and was shown to the box by a person whom de-
ponent does net know, and who appeared to belong to the
establishment; saith, he found the box open, and deponent
went in, and mentioned his name, and conversed with the
Lady Mayoress, on whom deponent and his Lady had
called, and with other of the Lady Mayoress's party, depo-
nent being wholly unconscious of having offered the
slightest offence ; saith, shortly after a person in attendance,
whom deponent does not know, came to deponent, and said
that the Brunswick Club did not admit any person to the
gallery except the Lady Mayoress's party, upon which
deponent immediately • retired with that person, from the
gallery, and deponent immediately Mt the Mansion-house,
took a coach in Dawson-street, and returned home.

That he had dined in company with his, this deponent's
wife and her sister, at the house of the Dowager Ludy
flowth, on that day, and deponent was perfectly sober,
and not accompanied by any person whatever, either in
going to the Mansion• house, or returning therefrom, or
while deponent was there, save the person he met there, as
hereinbtfore is mentioned ; saith, he was not taken in charge
by any canstable or policeman, nor was he taken to the
watch-house ; and that he was nut guilty of any impropriety
or act of incivility to any person in the Mansion-house, cr
in the course of deponent's going there, or returning from it.
That he did not go into or sit in the orchestra, or any
plice where the band were that evening, nor was he desired
by any j►erson to leave that place, and that he never was in
the Guards, or in any other regiment, except the 84th Re-
giment of Infantry, as hereafter mentioned.
The Learned Counsel here again called the attention of
the Court to the latter and most offensive part of the libel,
which he again read, and proceeded to state Lord Dungar-
van's affidavit as follows :

That with reference to the latter part of the publication,
herein-before particularly set forth, the indecent and shock-
ing allusions therein conta►ned, are altogether false.
That shortly after deponent left the military college of
SanThurst, where deponent was educated, being then a
younger son of the Earl of Cork-, and about seventeen or
eighteen years of age, this deponent was appointed as
Ensign in his Majesty's 84th Regiment of Infantry, in
which regiment this deponent afterwards obtained the rank
of Captain, and in which he continued until the month of
July, 1826, and saith, that sometime in the month of Feb.
1826, and shortly after he had come to the title of Lord
Dungarran, it was this deponent's misfortune on one par-
ticular occasion, after dinner, having dined at a friend's
house in London, to get into a state of very great intoxica-
tion, and while deponent was walking in the streets, on his
way home, in that situation, he was taken up by a sentry of
the 3d regiment of Guards, named Fisher, then on duty
near St. George's Hospital, and deponent was given in cus-
tody to the corporal of the guard, who put deponent into
the watch-hduse.

That next day deponent was taken from the watch-
house, before Mr. Dyer, the sitting Magistrate, as deponent
believes, of that district, and was charged by the said
Fisher, with having the night before, and when deponent
was so int.xicated as aforesaid, made proposals to said
Fisher, while on duty as a sentry, of a highly improper
nature.

That said Fisher having lodged informations against de-
ponent to the effect aforesaid, deponent was required, and
did give bail to appear at the next sessions, to be held at
the Old Bailey, there to answer such charges as might be
brought against him by said Fisher, and said Fisher vas
then told by said Magistrate that he should appear at the
next sessions to prosecute deponent ; but said Fisher, for
what reason deponent knows not, nor can be form a belief,
was not bound by any recognizance to appear to prosecute
this deponent, and saith, that,. at the approach of the ses-
sions, deponent and his said father, directed their solicitors,
Messrs. Williams and Whitmore, of Lincoln's Inn, to pro-
cure the attendance of said Fisher. at the sessions, in order
that the charge made against this deponent might receive
the fullest investigation ;...and deponent has been informed
and of which he has doubt, that said Fisher was at Wind-
sor, on duty, until a very few days before the sessions, and
was personally served with a subpoma, or crown summons,
at the instance of deponent and his said father, requiring
his attendance at the sessions ; and that immediately be-
fore the sessions said Fisher left Windsor, and as soon as
deponent's solicitors were apprised that said Fisher had
left Windsor, they as they infOrmed deponent, and which
be has no doubt to be the truth, addressed a letter to the
Adjutant of the said
.3(1 regiment of Guards, requiring him
to bring forward the said Fisher, which the said Adjutant
answered by stating, that he was gone to Reading, recruit-
ing ; whereupon Messrs. Williams and Whitmore, des-
patched Bow-street officers to Reading to bring up said
Fisher, bat he was not to.be found there ; and saith, that
notwithstanding that every possible, exertion was made by
this deponent and his tlither, the Earl of Cork, and their
solicitors, Messrs. Williams and Whitmore, to bring for-
ward the said Fisher, to prosecute the said charge, they were
unable to procure his attendance at the sessions ; and this de-
ponent being perfectly conscious of MS innocence made every
possible exertion to procure the attendance of said Fisher,
to prosecute said charge; and deponent has heard, and
which be has no doubt is the fact, deponent's father, and
family, and friends, and solicitors, made every possible exer-
tion to bring forward said Fisher to prosecute said charge.
Tll4 dePonept appeared at the sessiom in pursuance of
bis recognizance, where bills of indictment were sent up to
the Grand Jury against deponent, but the sane Were ignored
by the Grand Jury, the prosecutor not having attended ;
and deponent verily believes, that the non attendance of
said Fisher was occasioned solely by the consciousness that
he had instituted a base and false charge against deponent,
which he knew ht could not substantiate; and saith, that
said Fisher, op the occasion of making the said charge

* Some inaccuracies having occurred in the report in
our la.st, we iwert a correct statement today.

against! deponent, stated, amongst other falsehoods, that
deponent had offered him his, this deponent's watch,
which he positively stated was a silver watch, although
deponent had no silver watch, and the one deponent wore
was of gold, and which deponent thereupon produced to
the Magistrate.
That Colonel Maitland, who, during this transaction,
commanded the 84th regiment, went to London, shortly
after the occurrence hereinhefore set forth, took place, and
the fullest investigation of every circumstance connected
therewith took place, and which was perfectly satisfactory
to said Colonel Maitland, as also to the officers of his regi-
ment, by whom deponent has since been kindly and cor-
dially received ; and it was ascertained, to the full satisfac-
tion of the said Colonel Maitland;that nothing had occurred
that could injure or affect the deponent's character.
That he attended, subsequent to said transaction, two
military levees of Sir Herbert Taylor, who also expressed
himself perfectly satisfied of deponent's complete innocence,
and that lie continued on the full pay of his regiment for
about five months after the original occurrence liereinbe.
fore mentioned had taken place, when his regiment being
about to go to the West Indies, and deponent in the Janu-
ary preceding having become the eldest son and heir of
Lord Cork, deponent, in compliance with the wishes of his
family, retired from the army, but not until he had received
an assurance from his late Royal Highness the Duke of
York, through Sir Herbert Taylor, that the transaction
aforesaid had not in the slightest degree affected the honour
andireputation of this deponent.
That after his appearance at the sessions, he directed his
solicitors to prosecute said Fisher, if possible, and those
gentlemen addressed a letter to deponent, stating that it
was the opinion of Mr. Adolphus, as well as their own,
that no effectual prosecution could, under the circumstances,
be maintained against said Fisher. That deponent has a
copy of said letter which is in the following words :
"9, Lincoln's-Inn, 12th April, 1826. My Lord, we
were duly favoured with your Lordship's letter of the 7th
inst., directing us to proceed against Fisher for defamation
of your character, and not wishing that your Lordship
should be guided by our judgment, we have had a consult-
ation with Mr. Adolphus on the subject; he fully concurs
in the view we had taken of it, viz.:—That there is no
possibility of your proceeding against Fisher in any way.
You cannot indict him for a conspiracy, for there is no
possibility of obtaining evidence to prove it—you cannot
bring an action against him for defamation, for he has not
published anything to maintain proceedings on. We, as
your Lordship's solicitors, and under your express orders,
stepped out of the usual course, and gave Fisher notice to
appear and prefer his indictment against you at the See-
sions. He has not done so, and your Lordship must there-
fore abandon all thoughts of attempting publicly to vindi-
cate your character. It was evident to every one who
heard the charge made against you at Marlborough-street,
that it was false, and merely brought forward with a view
of extorting money; that this was the impression in Mr.
Dyer's (the Magistrate) mind is clear, from his not having
Fisher bound over to prosecute; had he entertained doubts
on the subject, he could not have done otherwise than
taken every possible precaution to insure a legal investiga-
tion. We have the honour to he, &c. Signed Williams
and Whitmore, solicitors. To Lord Dungarvan." And
Lord Dungarvan saith, he would have prosecuted said
Fisher if he had received any sanction for so doing.
That, as lie was totally unconscious of what he' might
have either said or done in his state of extreme in-
toxication, it is impossible for deponent to give any
more distinct denial of any species of guilt upon his,
part than this, that he has not the slightest know-
ledge or recollection of having ever said or done any thing
to warrant or give colour to the charges brought against
him by said Fisher; and saith, that from his earliest dawn
of reason he has, in common with all good men, held
every thought or act, bordering upon the crime alluded
to in the publication hereintofore set forth, in the
greatest horror and detestation ; and saith he has never
in any period of his life, harboured the most distant
thought, or been guilty of the most remote act tending
to the perpetration of so foul an offence.
That as soon as deponent saw the publication set forth
in this affidavit, he called upon Sir Edward Lees, and,
with him, waited on the Lord Mayor, with whom he had
an interview, and a perfectly satisfactory explanation re-
specting the transaction at the Mansion-house, herein-
before mentioned, in consequence of which, Sir Edward
Lees had soave interviews, as he informed this deponent,
with the Editors of the Evening Mail, or some person on
their part, respecting an apology to be inserted by them ;
and saith, that Sir Edward Lees did, without reference to,
or the approbation of, deponent, prepare for publication an
apology, to-be inserted in the said newspaper; but when
this deponent saw same, and before any publication was
inserted in. the newspaper, this deponent at once said,
Such apology was not sufficient ; and saith, that in con-
sequence of such- deponent's feeling and expression, Sir
Edward Lees, es he informed deponent, and which de-
ponent believes to be true, sent to the Editor of the
Dublin Evening Mail, before any apology had appeared
in that paper, desiring them not to publish any, thing by
way of apology, that did not first meet the approbation
of deponent and his friends.
That the latter part of the publication, aforesaid, not
only alludes to the transaction hereinbefore detailed, as
occurred in London, but, as he submits, converts what
he positively states was a false accusation, into a charge
of guilt.

SOLICITOR-GENERAL having stated the affidavit,
observed that at present he would abstain from any com-
ment on the atrocity of the publication.
The Court immediately granted a conditional order.
Counsel for Lord Dungarvan—The Solicitor-General,
Sergeant Goold, and W. P. Cruise, Esqrs. Solicitor—
Mr. Francis Cruise.

w

i

ket, which sold radii': more readily than of late,
last week's prices.
Per Sack of 2801 b. Imp. Per Stone of 141 b. 10'0
First Oatmeal £2 1 0 First Oatmeal X 0 f
0 1
Second ditto I 19 0 Second ditto
Barleymeal 1 15 0 Barleymeal ........ ......• cra
Peasemeal 1 12 (1 Peasemeal
~,,l,"
Pot Barley—No. I, per cwt. 155.-2 d, ISs.-3d,2os.—n""

-- :
GLASGOW CORN MARKET.—Nov. 26. i 4,I
At our market to-day there was little business no
Wheat, but prices steady. Oats and Barley in Ill''
-.1
quest, at last week's rates.
Wheat, per 2401 b. s. d. s. d. ' Oats, per %641b.British, old 35 0t039 0 Irish 22 01
new
--..,----- new 32 0 36 0 British 22 6t'
Canada, free 36 0 38 0 Beans, per 2601 b. n
Irish
Barley, per 320 W. Scottish 2OO I,
English 0 0 Pease, Scottish ... 10 9, $1
Scottish 3.6 34 6 Oatmeal, per 140111 20 . -
Irish 3O 0 33 0 Flour, per 2801 b.... 55 0

STATE OF TRADE.—There iS no 1111
alteration in the state of the cetton trade during O:4A
week. The demand for low numbers of twist for esA,
tion continues good, and prices steady. Piece=gn'oti
every description are, however, in little request, and
iug cloths are lower than ever. The number of bsisoi
the market is at present very small ; but we nude.'" it
that the country trade in the agricultural districts 19A
proving, particularly in Scotland.-15fanchester Ie
TRADE AT HUDDERSFIELD.--Some
an
has prevailed at Huddersfield and the neighbourloo6
the circumstance of Mr. W. NORTON, of Clayt°lll,
ts
that place, having suspended payment. He "
considerable manufacturer of fancy waistcoatingst 411
is said to have employed 700 hands. He seat
workmen off the premises, and locked up his wills °tote
day morning week, informing the men that they wig",
turn in ten days.— York Courant.

BIRTH.
On the 9th Sept., at Mexico, the lady of Char
O'Gorman, O'Gorman, Esq., his Britannic Majesty's Consul-u"
of a daughter.

MARRIED. toe
On the 25th inst., by the Rev. T. P. Foley, "„I
'l
Orme, Esq., Charlotte-row, Walworth, to MOT 0411/111
eldest daughter of E. Oliver, Esq., of Old Swinford,

cestershire.
On the 26th inst., at Durham, by the Rev. 64 11'
11141
end, prebendary, T. B. ['vier, Esq., ALP., of Dover
ejileo.
and Teddington, Middle;ex, to Dorothea Costley. .t 1
daughter of A. W. Light, Esq., Colonel of his Mild'
service.

lED. Oer
This morning, in the Albany-road, Camberwell, tit
illness of three reeks, William Jefferson, Esq., a 11

clerk from the Bank of England.
On the 25th inst., at Downes-house, —. vi• mg, rft
Benj. Kingston, Esq , formerly of the colony of Dere )1
On the sth of June last, at Guzerat, BotrthaP.l%ll%tot
Wye, Assistant-Surgeon of the 2.1 Europeanßeglo
eldest son of the late Mr. Wye, of Newington•butts, surto-,
On the Sth inst., at Hastings, T. E. Salter, Es*
Clanton, aged 59, author of the Angler's Guide.
On the sth inst., at Aix-la-Chapelle, of infi3mulpo
of the lungs, in the 59th year of his age,
Walter M,!
Esq., late of Woodperry-house, Oxfordshire. .
_A
On the 26th inst., at Reading, Mrs. Bearda, age'

PiusTED and PUBLISHED by MURDO YOUNG, a'
SUN Orritr, i i27;STitANA) LONPOS.

bo
With
,14 thi
It
R(4ut

no doubt the result of some operation among the
still considerably lower. The sudden rise in our codaerh4, !I:-
the stock of this metal in London is 2,400 tons, and '
siderable parcels are daily expected from Hamburgb.:
CorroN.-There is no new feature in the Cotton
...e .-
ket, the demand is apparently languid ; the purcha°. .',. .
the week ended last night, inclusive, consist to , ,I
.
Surat, at 3-ad. a sd. ; 110 Pernambuco, Sti. ;20 0 ,
4 ..,
70. ; 50 Bowed, 7d. ; 320 Spanish, 6d.
Toaacco.-The late extensive demand for To `- `
.
again giving way ; the only purchases to report tbla ', : ' il
are some parcels for Ireland.
.. ,
SPICES. -Thepurchases of Spices by private, '
this week are inconsiderable.-By public sale '' ' . :...:
good Cloves 16d. ord. 13d...--To-day, 718 bar !i' •*. ,'
se
Pepper, half heavy, all taken in, Sid. and aid.
._.,k' ' • i
INDIGO.-The Indigo market continues dull; liff- ''4,'l
purchases of the late East India House sale of In
to
00,6041
.t.:14:.
reported ; about 100 chests of former sales are sts
If .-.
,_ ,
prices are in proportion about Id. to 3d. advance - '
late India sale.
.00 IRISH PaovlsroNs.-Beef and Pork maw - ,„;
II
steady. Butters are steady, on account of the lii*',,i 1:
.. 4 . •
weather. • ‘4,-
PRICES OF HOPS.-Nov. 28. ' ft:
Kent P0cket5...............--,-- 41. 41. 41. 18s. to 64 ... ..il
Sussex Dittos - 3 l. 3l. 18s. 41. 4s. to ilf 0 ill .s- ,
Essex Ditto 4l. 10s. 51. ss. to ~, P. '
Farnham Ditto, Fine : - .,
Seconds . 01. Os. 61. Os. to g" " , loi
Kent Rags-
Sussex Ditto
~ , I
Essex Ditto - - - •
4/. 4s. 4/. 16s. to w" 7 ,0 •
f
PRICE OF 01L.14=1 I
tit sy.
' Rape Oil, brown ..........-... 401. 05....,.., Refined .....# 0 ---; 4La
Linseed Oil -
Linseed Oil Cake at the Mill, per th0u5and...;......... 6-, 'i .. -
Rape Cake, per ton •••••••••••••••••.••••••wwwws,••••••••••••40. ' l‘ll
WHITECHAPEL HAY MARKET.-Nov. vA, ' -' •
-# , .. I
Hay -.....,.... 555. Od. to 91s. Od. Vlover -80 i. 0.1. to '' 1 , =
Straw
to
PRICE OF POTATOES-N0v.23. -r:
roIN '
Marsh Champi0n5................. 3/. 15s. to 4/. Os. per 1 _
Oxilobles and Shaws .........-. 2/. 10s. to 31.'105. ditto,''' '' , • -f•
, 4,)
PRICES OF LEATHER. 1 • = ,
Per lb. ,114
' Per lb. d. to (1.
Butts 50 to 561 b... 28 21 Tanned Horse Hides., L.
Ditt0.,........60 to 66(b.... 22 23 Spanish Ditty ...win... '"-,.#
Dressing Hide 5......... 15 171 Per dozen.'
... ~i..,,
Fine Coach Hides -.... 181 21 Calf Skins...SO to WM I':
Crop Hides, 35 to 40Ib. 16 18 Ditto ........ 50 to 7011 b. it ' ~.
Ditt0........-...45 to 501 b. 18 20 Date 70 to 80Ib. ''., ",,: i . "4, -
Ditto 20 21j Small Seals, Greenland '':,„ :-.
RAW HIDES.
Per Stone. s. d. to s.d.. Per Stone: O. ',l. ',
1,
Best Heders& Steers 3 0 3 8 9rdinary 2y, ~ , ,.
Middlings . ..2 8 210 Market Ca1f............ 9 u-"' 't, - •
_,,,,,,
. PRICE OF TALLOW, SOAP, &c. per 1121b....NOVirt ' .1.
Town Tallow woo 455. Od. Yellow 50ap...............= , -.==' 4
Yellow Russia...- 41s. Od. Mottled - #.• ~, . i,.
White , _ 4ls. Od. White.........................• t't " '= •• ~
~
Soap Ditto _ 395. Od. Graves ........................# •=, -I ,•
Melted Stuff - 365. Od. Good Dregs...-.:,,.....,,,.. , Tis-
Ditto Rough.-....-. 245. Od. , . .:
PRICE OF CANDLES. . 4 4
0 ' ' The price of Store Candles, in the retail shops, is as f0110.,-; -4A-
~,
Candles, per doz. 7s. Od. to Os. Od. I Moulds, per dozen ...... °'
26' '
PRICE OF RAW FAT, per stone el 81b...-Nov.
Price of Tallow (as stated by the 'fallow Melters) - # ,
t ,
COAL MARKET'.
--Nov. 28. • . P ..
Beaumont 32s. 6d. Walls and Newmarch.# - I
st = I
Dean's Primrose -..- 31 3 Ditto Cramlington...,### . -,,,, • ,
Gray's Steam Coal --..., 3 0 Ditto Hilda .............## ~,g, '-' '..
Heaton
...-. 37 3 Ditto Perkins and CO. `,4
Hcbburn Main -35 3 Ditto 11iddi11'5.............4 IF -.,
Holywell. . 33. 5 i Ditto Russell's ...,-....... '.':, , ==l
Killintworth
Ord's Redhugh -......... 30 6 Eden Main •••••••••••00114,..
ni150r.....-. 3131 00
RWuaslslealf:sinlll-I"entt'so... ,2471-,, , •
PpoernctyopEaswir
T0wn1ey........---....- 32 9 Walls End Ly0n5........ z,"O- = =
Willingtnn -
Wylam . 32 9 Cannel (per ton)----. ;,,," , ~. -
WallsEndßewicke&Co. 38 0 Cowpeu #,====== I i 't:
Ditto Bell Robson & Co. 36 0 Wardc's L1ane11y.......# fi , '
~1.
Ditto 8r0wn'5,,.,.,,,,,,,,,,, 35 0 Tanfield Trader........, •Z• - 1 ,
Ditto Burraton 35 0 Old Etherley 5ma11...-. a \
Ditto Carr and C 0.......;, 32 6 Lambton small „............ ' , ",:
Ditto Clarke and Co. , 31 0
Ships at market, 845;-Ships sold, I'M
, . ,
-
WO ' ''
COUNTRY CORN MARKETS DURING THE . • .
Wheat. Barley. Oats. 13
Per Quarter.
Ashburn ..............,....
.9 , ,
76 81 41 48 27 37 '. A.l
Basingstoke --- 60 93 33 43 29 33 :•!65/
Bath . 6B 82 36 44 26 32 .
Bridgewater ---. 72 90 32 40 25 29 ~.
Bristol 6O 76 42 46 28 a 2 ,
50
Chesterfield
.„
Derby .- BO 87 42 4S as 39 ri I:
.-3i-u..0128,.., 0,1: 4,...=:.
Devizes
Doncaster .. 68 86 :32 45 22 33 V, -
....c
Dorchester--....... 55 81 36 41 24 .32 'f,, ,
Exeter, - 80 96 32 42 30 32 '43,1 , ~ ~
Gloucester---- 60 80 3 6' 44 .28 36
Hungerford -...... 46 70 27 al 22 30 _
Leice5ter............. - 83 - 45 - 35 ~
Newbury..,............ 40 92 25 41 20 40 -3"... ,
..
Romsey . 55 78 31 40 24 33
Shaftesbury -......, - 79 - 2S - . Sts
_ ~‘
..
Shepton Mallet -76 96 24 -36 20 itu z / ~• -,
19
Slierliorne...-.......... 6.9 80 32 40 26 • ,
Taunton . 68 88 31 40 11, 36 r , ~
Yeovil... 72 88 32 36 28 30 "A ' 4.
Per Bushel. s. d. A. d. s. d, e. d. Is. d. d. c-„; .
Shrewsbury -...... 11 0116 6 0 641596 6 , u ", '':-
SCOTCH MARKETS.
..t
EDINBURGH CORN MARKET.--Noy. 26. ~. , ~, 1
t -,.
We have had a small supply of all sorts of Oar, ; i_.
Beans
sr
aenhtelapiza;se _.l. • - AN -
day. Top price of Wheat 80s. ; Oats a dull Nm ~i ..
andanctesoapledr as 1.
‘s ;
Baarigeyooadfasiurpsplyp,ply,
market-day.
410 k"
`.:',
Wheat. Barley. Oats. I Pease. I, ,
..
First Bos 0,1 43s tad 30s Od 40s (11 ,X 4
Second
Third
~,,
PRICES OF PROVISIONS, &e. r
0.
Muttoßeef, per lb.. Os. 5.1. co:
20 503;.16601c1 . F\ovr: sht
Barleyse rtartßaDDwutii(tttktetoior:;ss6s.;
n,..........- 0 3 0 6 Salt Ditt0.....,... 0 8 16,,
V eal ----- 0 7 0 9 Ditto, per css t. 70 0 ji ,„
P0rk.......--- 0 4 0 6 Eggs, per doz. 0 0 ti i
Tallow,sLamb,2rter
np cewri, tC 10.
Loaf'
,3
051
10::
Potatoes, 141 b. 0 0 0 4 Hay, per 5t...... 0 6
A
EDINBURGH MEAL MA RKET..-Nov. 25. "09,
,: 0:,
We had a small supply of Oatmeal at this dayVjr , :
Let. ~,1 ;.-.1. ~.-.1.1 ....a.... ...,...... ..,.....M.. a 1..... ..e 1..• e. A'