The Sun.
London, England, 1827-02-23 00:00:00

FUNDS-(TITIS DAY).

CITY, Tußlve o'

This morning Consols opened at 824 y, and were immediately
after done at 83, but in consequence of some considerable sales
made by persons desirous to realise their profits, gradually receded
to St i I, and 82,i for next time ; the fr.tal effects of the present
account have already made their appearance in the House, by the
failure of a Jobber of considerable consequence ; and i❑ expressing
our regret at this event, which has happened to a party much re-
spected, we fear this is only a prelude to several more. The
scarcity of money Stock still continues, and as capital seems to
most abundant, the Bulls, for a rise, sweep off the market every
lot of money Stock that makes its appearance. In this state it is
impossible to say to what price the speculators may he able to ad-
vance the Funds, and much difficulty will be felt by the Bears,
who have in the late account suffered so severely. India Bonds
and Exchequer Bills fully maintain their price, the former at 524,
the latter at 33 4 pm. Scarcely any business is doing in the
Foreign Funds, nor is there any material alteration from yester-
day ; Mexican 6 per Cent. Bonds, 68 9 ; Colombian, Btil i ;
Greek, 16 k ; Brazilian, 65 6 ; and Spanish, 13 Shares,
continue quiet, without business. The wind having again gone
to the W. and \V.N.W., arrivals may he hourly expected, the
number of vessels which must be at the mouth of the Channel
being very numerous.
Three per Cent. Consols, 821 ; Ditto for account, 8211 ;
India Bonds, 52 4 pm. ; Exchequer Bills, 33 4 pm.

Two o' Clods.

Consols 82i for this, and 82i for April Account ; Four
per Cents., 1526, 981 ; India Stock 246 ; Bank Ditto 208.
No alteration in Exchequer Bills or India Bonds.

THREE 0' CL 0 GK.
Consols for 27th inst., 82i- for April, 821 -3.
FOUR O'CLOCK—CLOSING PRICE.
Consols 82i Danish Bonds 611;
Do. for Ac, 82-t Greek Do. 1825 161
Brazilian Bonds 66 Mexican Do. 1825, 63k
Buenos Ayres Do. I Peruvian Do:—
Chilian Do. Russian Do. 90i
Columbian, 1824, 38t Spanish Do. 13i

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF CHANCERY.

To-day the Loan CHANCELLOR at in Lincoln's Inn Hall.
His paper was the Bankrupt Paper.

POINT OF PRACTICE RESPECTING THE ATTE:CD-

ANCE OF BANKRUPT COMMISSIONERS.

Mr. FONBLANQUE was instructed to take the opinion of the
Court in a bankrupt matter, upon the question, whether his
clients, the petitioning creditors, were entitled to have the attend-
ance of five Commissioners, and not of three only ? The ground
on which he submitted they were entitled to have the attendance
of the five was, that if upon the examination of a witness, two of
the Commissioners were dissatisfied, and thought he ought to he
committed, but one was satisfied, the witness could not be com-
mitted.
Mr. MONTAGUE, though in this matter, was not instructed to
appear on the present occasion, because the application was made
ex-parte, but he wished to state, that this was one of the most im-
portant questions that could come before the Court, and he really
thought notice of the application ought to have been given. The
section governing the point was, the 12th of the 16th chapter
of the 6th of Geo. IN'th, and it gave the Chancellor the power
of appointing as many persons to make the examination as he
should think meet. There was also power given to the Chancel.
for to direct Auxiliary Commissions to issue to different parts for
having debts proved under them below the amount of 20/., and
examining witnesses. In the present case an auxiliary commission
bad issued to Plymouth, under which a Mr. Toogood, of the City of
London, had a debt expunged of 2001. He had also proved an-
other debt, in the same bankrqtcy, of 2,000/., the validity of
which was impugned ; and the object of Mr. Fonblanque's clients
was to have this gentlenlan examined in London, and then to have
him sent down to Plymouth,to he there examined under the auxiliary
Commission, by five Commissioners of the 9th list, which Mr.
Toogood objected to. He was willing to be examined before either
list, provided that list would adjudicate ; but he would not consent
to an examination both in London and at Plymouth.
His LORDSUIP said, since the point was mentioned, he had sent
for the form of the Commission appointing the Commissioners
under the bankruptcy, and he found it to be in these words—" to
you, four, or three of you," so that five might act if they chose ;
but three were competent to act, and his Lordship thought he
ought to be extremely careful about ordering more than three to
attend.

Mr. FeNBLANclux considered it of essential importance that
five ought to be ordered to attPrd, because it was utterly impos-
sible to have a witness committed if three only attend, provided
one of them was of opinion he ought not to sign the commitment.
In the matter of Liddard, a bankrupt, his Lordship had ordered,
there having been only four commissioners living, that the com-
mission should go the next full list, clearly thereby manifesting
that his Lordship would order the attendance of five.
His LORDSHIP had no doubt that there might be cases in
which he would order the presence of five. Five had authority
to attend if they pleased, and if they did attend, their acts would
be valid.

Mr. MONTAGUE observed, that the real secret in this matter
was, that three only had attended, two of whom wished to commit
Mr. Toogood, the third thought he ought not to be committed,
and the remaining two of the five, knowing the circumstances,
refused to attend, because their opinion was, that Mr. T. ought to
have the benefit of the dissenting voice in the three.
His LORDSHIP'S opinion was, that it was not desirable that the
Chancellor should increase the number of the regularly-attending
Commissioners ; that there might be cases in which he ought to
do so ; but that this was not one of those.
Mr. MONTAGUE now confessed, that he had never done any
thing so injudicious in the whole course of his life-time, because
he had been arguing without a fee; he had got the Court to de-
cide in his favour, but if the judgment had been otherwise, it
would have brought many hundreds of pounds into his pocket,
not a shilling of which would now get there.—(Laughter.)
His LORDSHIP observed that the Learned Counsel would be
rewarded in comfort and consolation.

COURT OF KING'S BENCH.
THE ICING V. ARCHDALE.

Mr. ANDasws opened the pleadings.
Mr. GURNET stated the case.
This was an indictment against the defendant, who had attained
the rank of Lieut.-Col. in his Majesty's service, for an assault,
with an intent to commit an unnatural offence with his servant,
Frederick Withers, a boy under 16 years of age, on the 524th of
August last.
The Learned Counsel cautioned the Jury to give this case a
jealous consideration, as it was a charge which was easily made,
and difficult to disprove. The prosecutor was recommended by
the Guardian Society to the defendant for a situation, and en-
tered into his service on the 4th of August. That his object in
hiring him was to seduce him there could be no doubt, for it was
impossible that a gentleman of rank' such as he would admit
the defendant to be, should write such letters to his servant
as this man had done, in a f,w days after he had commenced his
servitude without being actuated by. some criminal motive. The
defendant happened to be at Swansea, in Wales, when the boy
Withers, came to his house, 31, South Audley-street, on the
4th of August, according to their agreement. It had been pre-
viously settled that 'Withers should remain in South Audley-street
until his master would return. But after he had been three or
four days there, he received a letter fi om him containing direc-
tions for some domestic arrangements, and in two days after,
another letter desiring him to conic down to Swansea on a certain
day, and requesting of hint to let nobody know whose servant he
was, ; both letters commencing with " Dear Frederick," and
ending with " your affectionate Master ;" the boy did go down ac-
cordingly, and in a week after, they both returned to London,
when the defendant took the boy to a hot bath, and 'here com-
mitted the offence complained of. The Learned Counsel here de-
tailed the particulars of the charge as given in evidence and con-
cluded by telling the Jury that if they should entertain any rea-
sonable doubt of the defendant's guilt after hearing the evidence,
they should acquit him.
The following witnesses were then called.
Frederick Alexander John Withers examined by Mr. AN-
DREWS—I was 15 years of age in September last. In July 1
made application to the Guardian Society to procure me a place;
they referred me to Colonel Archdale, 31 South Audley-place,
who engaged me ; I went there on the 4th of August ; the Colo-
nel was then in the country, and I was to wait there until he
should return. A few day's after I received two letters from him,
dated Swansea, directing me to join him there; I went accord-
ingly to Swansea, and about a week after we returned back to
London. On the day laid in the indictment, be asked me to go
with him to Harley-street to take ). warm bath, saying that it
would serve me. I went accordingly ; when we got to the
house, lie told the man servant that he wanted a bath for him-
self and servant ; the man asked whether he would have
the baths in one or in separate rooms. The Colonel said in one
room ; when the baths were prepared rny raster said I mightnow