The Sun.
London, England, 1829-12-24 00:00:00

CITY ELECTIONS.

Common Councilmen ter-

The City Elections for
minuted yesterday.
PORTSOKEN (RETuRss Fivr.)
Mr. Colt batch .. ... 207 Mr. • Seaks l5l
Cat ter 199 I Perry 1'33

Smith IS6
Prested 1591
The five first named.gentlernen were then declared duly

• Negtts.. 129

FARRI SGDON
Mr. *Roberta 227
"Fisher ...220
Deputy Daw 219
Dunaby 2lB
Kelly... 217
Westwood 216
Haywood 215
H. Pritchard 213
Williams 210
BREAD-STREET

(RETURNS SEVENTEEN.)
Mr. Murcott 209
Dcnnett 209
Deputy Oldhain 209
Filby ens
Ridley 207
Smithgate 109
Thompson 115
*G. Pritchard l5B
*flartlry
,RETUENS TWELVE.), •

Mr. Legg 40
Deputy Mathie 39
Colernan
Hallam 3B
Shuttleworth .38
Cope 37
Burnt 37

Mr. DAvison 37
Bridge 37
De Grieve 37
liooper 37
• Cracklow 37
•Shoobridge 3

CASTLE-BAYNAI
Mr. Deputy Farranee 106
S. Lovegrove lO5
Robert Slade 104
John Evans lO4
P. Fenton, jun. IO3
James Toplis
BASSISHAW (
Mr. Frisby 36
Shirley 36
Davies 33

D (RitTuEtts TEN.)
Mr. Apsley Matt lO3
W. Pritchard 103
James Hoppe 97
•Richard Hicks 82
°William Crookes 54.

RETURNS Foun.)
Mr. 'Smith 30
Richards
'Hodgson....

CRIPPLEGATE WIT.
Mr. Deputy Kerl l5O
Beetou 143
1341iner l4O
J +vines 137
*Orchard 136

[IN (RETURNS EIGHT.)
Mr. Willshire 122
Ireland ll9
Richardson lO6
Brass 102

ENGLISH THEATRICALS IN FLORENCE.

EXTRACT OF A LETTER DATED FLORENCE, DEC. 8.
This City has been one continued passage of tra-
vellers for the last two months. Either at Prince
Borghese's, Lord Burghersh's, or Lord Normanby's,
there was an entire change of faces every week.
We have now our society established for the win-
ter, and at no period has it been more brilliant. Last
evening Lord Normanby opened the tasteful little
Theatre he has had constructed in the Palazzo San
Clementi, which was filled by 400 persons of rank and
fashion. Shakepeare's Historical Play of King Henry
the Fourth (the first part), and the Farce of Simp-
son and Co., constituted the evening's entertainment.
The characters were thus cast :
KING HENRY IV.
King Henry Colonel Lane.
Henry, Prince of Wales Mr. Craven.
Prince John of Lancaster Mr. Dundas.
Earl of Westmorland .Mr. Bligh
Earl of Douglas Mr. St. John.
Earl of Worcester Mr. Aubin.
Earl of Northumberland... Mr. Nightingale.
Hotspur Lord Normanby.
Sir Walter Blunt Captain Hesse.
Sir Richard Vernon Mr. Perry.
Sir John Falstaff Mr. C. Mathews.
Sheriff Mr. Hamilton.
Poins Mr. D'Egville.
Ruby Mr. Antrohus.
Gadshill Mr. J. St. John.
Bardolph Mr. Morgan.
Peto Mr. Thellusson.
Traveller Mr. Rich.
Lady Percy Lady Not manby.
Hostess Miss A. Stephenson.
FARCE OF SIMPSON AND CO.
Mr. Simpson Nfr. C. Mathews.
Mr. Bromley Lord Normanby.
Foster
Mrs. Simpson .. Lady Nnrmanhy.
Mrs. Bromley I arty
Mrs. Fitzallan Miss A. Stephenson.
Madame La Trappe .... La Principessa
Belg ioj oso.
Where each filled his part so well it would be
invidious to particularise. Lady Normanby, and
her sister, Lady Williamson, acted delightfully, as
did also the Princess Belgiojoso, and Miss Augusta
Stephenson, in the farce. Lord Normanby, Mr.
Craven, and Mr. Mathews evinced the greatest talent.
Were they upon the boards of Drury-lane or Co-
vent-garden, they would be considered most accom-
plished actors.
The theatre itself is beautifully constructed. The
scenery and dresses were most appropriate and ele-
gant; and the whole performance went off with
the greatest éclat.
Lord and Lady Burghersh escaped with life by a
miracle last week. They were returning from Bo-
logna, and, upon descending the App,-nines, at a
rapid pace, the carriage was overturned with great
violence. Both Lord and Lady Burghersh received
severe contusions ; and, by being copiously blooded
upon arriving in Florence, all danger has subsided.
Lord Burghersh appeared last night with his left
arm in a sling. Lady Burghersh is expected to go
out in a few days.

- - - -
LAW INTELLIGENCE.

COURT OF CHANCERY, DEC. 23.

EX-PARTE WHITE, IN RE WHITE AND MEDCALFE,

BANKRUPTS.

The LORD CHANCELLOR gave judgment in this
case, the discussion on which has occupied the
Court for several days. It arose upon a petition
presented by White, one of the bankrupts, to have
his commission superseded. Two actions had been
brought since the petition was presented, one by the
bankrupt against the messenger, the other by the
assignees against Beeston and Co., and the validity
of the commission was a point at issue in both causes.
His Lordship had read and considered the mass of
affidavits which had been made, and he was sorry
to be compelled to observe, that on the one side or
on the other most flagrant perjury had been com-
mitted. It was evident, too, from the same affi-
davits, that very gross frauds had been practised.
It appeared that before Medcalfe joined the partner-
ship, White had become indebted to Messrs. Bees.
ton and Co. in a sum of 6,0001., and that goods to
the amount of 3,000/. were afterwards sent by them,
making, in the whole, 9,0004 • Mr. Ifeeston, it
seemed, was desirous of procuring a partner for
White, and a clerk in the firm of Beeston and Co.
had been concerned in making out a statement of
White's credits, with a direct view to the partnership.
It appeared, from all that had been done by Beeston
and Co, by the delivery of goods and otherwise,
that there was an evident with to establish a credit
for the house. They exercised a constant inspec-
tion over the affairs of the partnership, sent persons
to buy at White and Medcalfe's, and when the
purchases were paid for by bills, those kills were
handed over to I3eeston tra,d Co. .By Means of
these toad other. payments., th« deUt originally
due to latter fon was reduced, and in June
last it was wholly liquidated. This transaction
appeared to his Lordship to be a cotnple:e fraud
upon the other creditors of the partnership. If
the petitioner had lent his concurrence to these
transactions, there could be no question but
that such concurrence bad amounted to ail act

of bankruptcy. The effect of these dealings
had been to transfer the goods obtained from
other houses to the house of Beeston and Co.,
and thereby to give them a preference over all
the other creditors; and this was of itself sufficient
to establish the fact of the insolvency and bank-
ruptcy of White and Medcalfe. It was clearly an
imposition upon Medcalfe, and from the evidence,
his Lordship could not doubt that White had been a
party to it. He could not be otherwise than conscious
of:the acts of Smith and Beeston, with regard to
the transactions before the partnership ; nor could
he have been otherwise than aware that persons
were sent by Beeston to buy at the house. White
was not a raw inexperienced man, but had,
in one place or another, been in business 4,0 years.
A process of sequestration had been issued against
him in Scotland, and he had spent some time in
Whitecross-street prison. He could not be ignorant
of what Wai going on in his house ; for these were
transactions which even excited remarks from some
of his own shopmen. From the affidavits, it ap-
peared that he was most anxious to avoid the com-
mission of an act of banktuptcy, and frequently con-
sulted with Beeston's solicitor upon this point.
Taking all the circumstances together, and consider.
!ng the evidence on both sides, his Lordship felt
himself bound to say that White in all these trans-
actions with Beeston and Co. was acting with
a full knowledge of all the circumstances. It
was extremely important that a Jury should in-
vestigate the case, and after that investigation, he
should be able to determine whether White really
was acting upon an understanding with Beestoa and
Co. It was not necessary for the decision of this
question that Medcalfe should be proved to be act-
ing with them; but it was impossible to arrive at
the conclusion that White did not concur in the
transactions. There were two other points remain-
ing for consideration. Ist, As to the purchase of
the goods by Mr. and Mrs. Frowd, and the return
of the goods to Mr. James. His Lordship then at
some lengih detailed the evidence upon these
points. It was fit, also, that Mr. and Mrs. Frowd
be examined in the pending action, in order to see
the real nature of this transaction. The circum—
stances were extremely suspicious. As to the point
of James, goods were sent from his house to White
and Medcalf. He afterwards asked to have these
goods sent back, and they consented, but added,
" take the invoice, too, that it may not appear."
This would seem to amount to a preference, as the
goods were returned as a favour to James, and this
of itself amounted to an act of bankruptcy. It was,
however, important that all these facts should be
investigated by a court of law. No great delay
could arise, and the cornmi,sion must stand until
the action had been tried.

Several cause petitions of no public interest were
afterwards disposed of.

COURT OF KING'S BENCH, Dix. 23.
BAILEY V. GARDENER.

The ATTORNEY-GENERAL stated the case. This
was an action brought by the plaintiff, a Major in
the East India Company's service, against the de-
fendant, for criminal conversation with his wife.
Major Robert Russell—l am in the East India
Company's service, and know Major Bailey, who is
in the same service, and I knew Mrs. Bailey before
her marriage ; her name was Rickets, and she was
living at Madras; I was present at their marriage, in
March, 1823, in St. George's Church, at Madras ;
many other persons were present at the ceremony
besides myself; they were married by a Clergymhn
of the Church of England; I visited them fur the
two or three months they staid at Madras; they ap-
peared to entertain an affection for each other.
By Mr. CAMPBELL—I saw them for two months ;
the young lady was about 16 or i 7; Major Bailey
had been a good many years in India—about 19
years; he was turned of 40, or about 40; I don't
know his age exactly ; he bad that appearance.

Colonel Mackenzie.—l am in the East India
Company's Service. I was at Langpore in 1823
a military station; I rember Major and Mrs. Bailey
coming there in that year; they continued to reside
there till 1826 ; I was in habit of visiting them,
but not very intimate ; I was there all the time; 1
had opportunities of observing -their conduct; they
lived on affectionate terms. In October, 1825,
they left Langpore for Madras; I went with them;
the journey occupied about a month, as I can recol-
lect; during that time I hail a good opportunity of
observing their conduct; they lived on terms of af-
fection together; I was very much with them; Mrs.
Bailey's health was very delicate , she left Lang-
pore fur England ; I embarked in the same vessel
with them ; Major Bailey had a Stag appointment,
which he would have lost by. going to null-as; I
visited them in England once or twice, in 1828 ; I
observed no diminution of affection.

By Mr. CAMPBELL—I met them in the streets,
besides calling on them ; they did not quarrel whilst
I was at breakfast with them ; Major Bailey went
two-thirds of the way with his wife—from Lang-
pore to Madras, within 100 miles of Mad:as.
Charlotte Redmondel, a Frenchwoman, examined
by an interpreter.
Mr. SCABLETT—Marn'selle, I think you speak
English ? Witness—Non, Monsieur.—(Laughter.)
You try sometimes ? No—l can't speak a word
—(Laughter.)
Examined by an Interpreter—l travelled with Mr.
and Mrs. Bailey abroad ; I.know Mr. Gardener ; I
first saw him at Geneva; Mr. and Mrs. Bailey staid
there fifteen days, at the same hotel as Mr. Gar-
dener, and they all dined together at the Table
d'Hote; they went from Geneva to Paris, in Oc-
tober, and lodged at the Hotel de Prince, Itue Ri-
chelieu, and afterwards went to the Hotel du Con-
gress, Rue Rivoli, opposite the King's Garden ;
they occupied the entre sol; MN. Rickets was with
them ; she joined them a week or a fortnight after
they arrived at Paris; Mr. Gardener arrived at Paris,
and visited Mr. and Mrs. Bailey ; he dined at the
Hotel Belle Vue, and afterwards No. 1, Place Ven-
dome; I recollect in December Mrs. Bailey got up
early in the morning three times ; a quarter before
eight or half-past seven she got up ; it was in De-
cember she gave me a letter to carry to Mr. gar-
dener at Hotel Belle Vue; I met Mr. (widener;
told him I had a letter for him, brat I afterwards
gave it to Mrs. Bailey back again; when she rose
so early, she used to go out, and stay out an hour;
she went alone; Mr. Bailey took notice of it, and
got up to inquire after her; it was raining vary fast,
and he sent an umbrella after her, according to her
directions, but the servant could not find her ; this
was the 7th,and he left Paris on the 1 Ith; Mrs. Bailey
followed in her own carriage at half-after eleven at
night; she first went to Mr. Gardener's; slie staid
with him an hour, and he returned down stairs with
her in night gown, and with a candle in ltia. haptl ;
she went to Bruges, and staid therq cap night, with
Mrs. Taylor, a relation ;, Ayeti rnetl, to Paris next
day; she told me not to_ ?et her mother know of her
arrival that night, aad, she went to, Mr, ciarilener's
where she replanted till ten slip staid at PaCa three
weeks ; Mr. Gardener c.ame to see her; he ap-
uninted to t=ome to tier at twelve at night; I saw
Mr. Gardener with her five weeks after; he came
to her hotel and lodged there two nights; •before he
Came to lodge there my mistress went out between
eight and nine in the morning with a velvgq gown
on, a Scotch shawl, and black valet; ; when
she returned her gown waa torn ; Mr. and Mrs.
Bailey lived allei:tionately at Geneva ; Mr. B. was
was a good husband; she behaved very well.
By Mr. CoPuELL—Some words used to happen

small, and then they slept . elm ;
st Paria'they had separate roctos; Mr. G-.:zi,-tl,l-
- a perfect strang.r to Mr. and I:ai!ey
nhe a,-iivt dat Geneya ; Mr. Gardetwr al;o:•t
twenty-eight years of age ; I judge so.
Madame Antoine, examined by an intcni:c.-r
the wife of the porter of the hotel du e.o:!gres;
I recollect Madame Bailey very wail, bot tr.,t .A-7r
Bailey; I recollect that Mrs. Bailey left the Hotel
,t 1 the 13th January ; Mrs. Bailey used to rePeiye
some per•on at her hotel about t‘velve at night ; it
,yas a tall fair gentleman, wrapped up io a cloak
lie asked for Mrs. y ; 1 condtic&.l him to
dies. Bailey ; I stad ttvo o'ch the tocliting
to let him out, but he did not cow., :old I •Wcnt to
bed. The witness detailed other similar

Andre Gletz—l we.s valet to Mr. 13,:i1c,
at the lintel du Congress ; I remained Mrs.
Bailey :dim- Mr. Bailey left Paris ; I recline:et see-
ing Mr. Gardener conic to her :.everal time-; I took
two letters to Mr. Gardener front Mrs. ;
saw Mr. Gardener in Mrs. Bailey's room be! Wee
elev.n and twelve, or near to twelve 'at tiight ;
ire once endeavoured to conceal himself behind
tlte of the column* in the gallery, hut I saw him ; on
a Aneceeding occasion I left Mr. Gardener the;•e be-
tween seven and eivht in the evening, and I saw not 1:-
ing mote • f him tl at nigh. ; but at half-past twelve t hat
night Mrs. Bailey's brother returned home fr,,rn tl:e
play; I let him in; his room was that w!tielt
Bailey had occupied ; he told the to get soweibing
for hint to drink ; I went and knocked sev'er ; time;
at Mrs. Bailey's door, and the brother kn0.k..1, and
no answer was given ; between five and six in Ote
tnor&ng Mrs. Bailey ring me up ; and toll me I ha:l
locked her in, and old me to go up stairs to get the
key and a paper, and let her out; no key was to
be found, nor paper either, and when I came down

I found the doC)r was opened; Mrs. Bailey said the
next morning that she bad beard a knock at the door,
and had not answered : I am still in the ae:Nire of
Major Bailey
Michael Hamilie deposed to some gentleman, tall
with light hair and red whiskers, vi.i irL Mrs.
Bailey at Havre; they were for about two bouts in
the room together with the door locked ; it No, a
bed-chamber.

By Mr. CAMPBELL—There are beds in almost ill
the rooms; this gentleman had but one chamber.
This closed the case for the prosecution.
Lord TENTERDEN summed up the evidet,ce, ayd
the Jury returned a verdict of Guilty—Damages,
One Hundred Pounds.

The Court did not adjourn till serer' o'4!og.k.

THE LATE Mrs. PHILLIPS OF FIN LEY.

Yesterday morning Mr. Phillips, Mr. Cuilingtnn,
Mr. Cox, and other gentlemen, appeared bc.ore Mr.

Mr. CuLuNGTos, as the professional alviser of
Mr. Phillips, said he should be most happy if Olr.
Halls would state, whether the content, of the
papers which he had received after he bad t xpress,d
hiti decision upon the case en the precedh.g day, bad
in any degree produced an shetation in his opinion

Mr. HALLS replied, that he had real t;ge docu-
ments, and they were certainly important. He was
requested by Sir Richard Birnie to st.ste that he
had read all the papers, and they had not produced
the least alteration in the opinion he expre,sed vub-
licly on a former day. With respect to himself
(Mr. Halls), he would assert, that he bral given his
most serious attention to the contents of the papeN.
and he admitted, as Mr. Cox had said on the pre-
vious day, that the statements were exceedingly im-
portant, particularly those of Ann And,rscii and the
boy, but they were only important so f.r as they
went to disprove all idea of criminality in any quar-
ter, and in confirming his (Mr. Halls) preyions de-
claration, that there was no'evidenee to sustain any
charge before a Magistrate of a criminal nature. He
would not step out of his way to state whetk•r it
was probable or not that the unfortunate lady bud
herself supplied the opiate, but he %lonia merely
state, that upon a perusal of all the papers, he saw
no reason to alter his former opinion.
Mr. CULLINGTON said it was highly sntiiFactory
to his client that Mr. Halls had obtained copies of
the statements which had been mislaid.

Mr. HALLS said that the statement of Mr. Phillips
ryas highly satisfactory; but that of Mr. Phillips's
sister was the most perfect, complete, and unanswer-
able be dy of evidence th,►t could have been brought
forward; and throughout the whole the hand of
Providence was particularly marked i►i tracing the
events from a particular period till the decease of the
unfortunate lady.

Mr. CULLING TON said that the very decidedly-
expressed opinion of Mr. Halls afforded the highest
satisfaction to Mr. Phillips.
Mr. Phillips requested a correct copy a the de-
cision of the Magistrates, and Mr. HALLS promised
he should have it.

Mr. CULLINGTON congrattdatell the -Magistrates
upon the termination of a case which had all along
excited the most painful ferling-s; and lie begged,
on the part of himself and his client, to express their
unfeigned thanks to Mr. Halls, for the patient at-
tention which he had paid to the facts of the ease,
and for his very polite and gentlemanly conduct to-
wards all parties wi►hout distinction.
Mr. MALLS replied that he had done all in his
power to come to a satisfactory conclusion ; and was
happy the question was at last set at rest.

The Governor and Deputy-GoNenlor of the
Bank of England attended yefterda4 'morning at the
Treasury, and had a long conference, witlt the CHANCEL-
LOR of the EXCHEQUER.

Viscount MELvkLut arrived at his residence
in the Aihuiralty ycziaday afternoon, from Brighton.

The Right Hon. P. COURTENAY, ►he Vice-
Piesideut of the Board of Trsde, hAs hit Nice, ou his
return to this country.

Mr. HERRIES has arrived in town from his
seat near Seven 0.13, Kent.

Lord WYNFORD has kit town for Uxbridge,
where it is expected his Lordship will musio till tht
latter end of January.

THOUGHTS ON EPICURISM.—Tat be en-
thralled by beauty, or by the festal pleasures of the wine
cup ; to be overcume by ambition—by a passion for
literary fame, or martial glory, is an excusable bondage.
But to be subjection to veal pies !to be conquered by a
curry ! to succumb to a calf's-heal, or to surrender a:1
the nobler Aga refining passions of mum to a passion for
green, fit !! ! is an inglorious and degtsiling prnairaticn,
and !evils the intellectual being with the quadruped.
MEMOIRS AND CORRESPONDENCE 'JF JEF-
FERSON.—The Stain:ford speaking. of this publication,
observes—'' It is one of extraordinary ir.kerest—a work
full of wrote observation and of the it'..terials of political
knowledge, Mr. javrxxsosr, it ix arch known, was
democrat and .anti-Auglicist s-,,ang the most perverse of
his country ; but he was a, man .1 great alarteduess and
impertuibable temper, as as an actor in the overthrow
of the established (lA.:arch in America and in the Revolu-
tion which wo mainly achieved through that measure,
and as kt;niater at l'ars, for several years before and,
durkJg the Frencn Revolution, he enjoyed oppiirtaniti of
studying the characters of public men and the in4:rnent-e
which particular tctupets have exeriised upon .no desti-
nies of tlitir ecttntry, such as no other man L.erhaps conk!
avail hlineeg of, before or since."

A young girl, mined MAR 7A 7APDoNoucii,
was met by her mother un the lnkr..Vs. of the canal, near
Le,on-street, Dublin, at a lat., Isoor un Saturday night.
The mother h b sr ,1 the 41.44%ttr for being out of tLft
house at so late an 4 A 1.4, artst tailed her a :---, y,,,
shall not lira low 1,4 eaa tue b) _that name," said the
fiaughtue\ 4akiug her mother in her arms sod fanaging
her the canal. Tho unfortuwe v,,,1131a ianwedi4tdy
• sunk to the bottom. A young •KitX, nanitd,
CUMMINS, was present at :hi% r4;ctirrenee, and gave an
iairne,liate alarm. 'rho ilatki*aw was iunatekliately tiken
Tutu rushuly. The larly of the ilia:Ler was found
slt?rt time idler it lit 4 11r*tt.:11rowit lova the canal, hat
all attempts at reania3aintt.tif,T3 itltirectUSL
raitts Agaiiq.