The Sun.
London, England, 1827-07-13 00:00:00

LONDON, FRIDAY EVENING, JULY 13, 1827.

vants, or the lower classes only. I assure you
there is scarcely a gentleman or lady in Lisbon,
who is not as active as the humblest person.
The love of mischief, and the pleasure of seeing
others suffer, those fixed principles of noble hu-
man nature, sets us all at work. There is no
resisting the inward man. Were Ito tell you
the dignified persons whom I saw tapping innu-
merable barrels of dirty water, you would not be-
lieve me. As the day wears on, the combined
armies in the various balconies, for want of fresh
victims in the streets, turn their arms against
each other. Those in the upper balconies watch
those who pop their heads out of the lower, to
play the same pranks on them which they have
pestered the pedestrian with. The devils at the
top of the house, like him who " looks over
Lincoln," have a supremacy of mischief. The
only annoyance which the lower residents can
give the upper, is, by discharge of water from
syringes, but then for every pint full he receives
a pail full. One rascal, who had a small garden
engine, swept the world before him. When the
home artillery are "llgusted, then the gallegos
and boatmen begin their horse play. They pelt
each other with all sorts of defilements. The
shops have been closed all the day ; a nice hand
the man must have who takes down the shutters
the next morning !

This is the Carnival at Lisbon. I assure you
Ido not exaggerate nor burlesque it. The time
was, I understand, when gallantry, romance, and
music, combined to render the days delightful ;
but as Portuguese report to me, that on matters
of taste there is no disputing, perhaps the pre-
sent system is by much the better. Tuesday
being the last meat day, is devoted to a great
dinner festivity among the natives. The poorest
man has pork, Bologna sausages, and a roast ;
the rich stuff themselves with all sorts of fleshi-
ness. A physician has assured me that there are
very few persons who are not made ill by the
surfeit on this occasion. Formerly the day was
closed by a popular masquerade, at present there
are but a few private houses who open their
rooms to receive such company. I could not
hear of any one respectable person who did so
this year.

Dancing was kept up with great spirit till three
in the morning—an hour unusually late for
Lisbon. There was one waltz in which a few
only joined, as it is not considered good taste by
the Portuguese ladies to exhibit in public in the
dance. At a private ball they will waltz with
you while head or heels sustain them, but the
deuce a trial will they give at the assembly.
The distinction arises from the modesty so pe
culiarly their own.

The absence of supper is a terrible drawback
to the pleasure of these assemblies. How can
an Englishman's constitution be supported on
orgeat or lemonade after eight hours' dancing.--
not to speak of the fatigue of making love's One
of my friends, finding his energies breaking
down under these diluted liquors, took
it into his head that nothing but brandy and
water ennlrl restore them. the
sanctuary where the liquor damsel did allacva. v.
herself, and he worked so far upon her good
nature, that she unlocked her store of real cognac,
to which he not only made application himself
but introduced every Englishman, civil, military,
naval, and marine, in the course of the evening.
Never did a Lisbon saint perform a greater
miracle. He talked, and they talked, their
partners caught the infection from them. The
British men of war were blest beyond compare,
and Lisbon ladies led off the Boulanger in
honour of the occasion. How their eyes did
sparkle—how their cheeks did burn—how their
hearts did beat—how the pat of their little feet
quickened as the blood grew warm. To the last
hour I cannot forget the look of astonishment
which the liquor-maid gave my friend, as he de-
manded another goblet full at three in the morn-
ing. Outra yes ! (what, another !) said she.
Yes, my dear, one more, replied the monster.
Ho tneu Deos ! (Oh, my God) she exclaimed,
as with one hand she drew the cork, and with
the other poured in a limited quantity of the
purest.

Tuesday night concluded the Carnival, the
Lent commencing the following morning of Ash
Wednesday. We are under a great mistake in
fancying that there is anything like a strict obser-
vance of fasting or abstinence on the Continent,
I am certain from the experience of this country
and France, that the Catholics of Ireland and
England are the only persons of that religion
who conform to it conscientiously. I see here
friars eating meat on a Friday and Saturday,
at the taverns ; and as to the observance of either
on the part of the laity (the gentry whom I
meet), I can say in truth, they never think of re-
fusing the roast and the boiled. Religion has
been overdone here in form, and people are be-
ginning, not only to lose respect for the outward
show, but I am sorry to observe, for the reality.
Of this more, by-and bye.

MAIL COACH TO OBAN.—We stated some
time ago, that a mail coach was to commence
running from Lochgoilhead to Oban, by In-
verary ; by which conveyance, passengers and
letters, leaving Glasgow at seven A. M., would
reach Oban at seven o'clock on the same even-
ing. We are happy to have it in our power to
state, that the matter is now fixed, and the coach
is to commence running on the 16th of this
month ; starting from Lochgoilhead upon the
arrival of the steam boat at that place, with the
mails from Glasgow. To travellers of every
description, and to the population of those parts
of Scotland, this conveyance will be of the
greatest utility. The scenery along the whole
line, whether by land or by water, but more
especially up Loch Goil, and around the head
of Loch Fine, is most picturesque and interest-
ing ; and we may safely predict, that the time is
at hand, when Lochawe and Cruaelian will be
as well known to travellers as Lochlomond and
Benlomond. By the conveyance in question,
travellers, whether on business or on pleasure,
may leave Glasgow, and proceed by Inverary to
Oban, and from thence by steam boats return to
Glasgow, through the islands on the west coast
and the north channel, and vice versa, proceed-
ing b
the latter round to Oban, and return by
the
to
ortaldng which opens up
Glasgow. We sincerely
wis h formersucce success
routeto an
undertaking
to the rest of the kingdom a large and interesting
district of country, hitherto comparatively un-
known.—Glasgow Herald.

LAW INTELLIGENCE.

COURT OF KING'S BENCH, WESTMINSTER, JULY 12.
TUBBS V. THE EARL OF BREADALBANIL
This was an action to recover damages for waste
and dilapidation done to Harlesden House, in the
County of Middlesex, which the Noble defendant
occupied under a lease from the plaintiff. It ap-
peared that Lord Breadalbane took possession of the
premises in 1819; the lease had twenty-one years
to run, but was renewable every seven years. Ano-
ther lease was prepared, in which Lord Breadalbane
was to be answerable for dilapidation, but the Noble
defendant, acting upon legal advice, refused to sign
it. No notice was however given of his refusal to
execute it. In 1826, when he quitted the house,
the dilapidations were estimated, and the expense of
repairing amounted to 2061. which sum the plaintiff
now sought to recover.
It was contended on the part of the Noble de-
fendant that repairs had been done during his occu-
pation, but those repairs did not exceed 281.
The LORD CHIEF JUSTICE left the Jury to say
whether the defendant was bound by the second lease.
The Jury found a verdict for the plaintiff—Da-
mages, 2061.
LANGDON V. C. C. WILSON, GENT.
This was an action brought by the plaintiff, who
is a black-lead pencil-maker, against Mr. Wilson, an
attorney, of Furnival's-Inn, as the indorser of a bill
of exchange for 300/. drawn by a person named Pat-
terson, and payable three months after date, The
bill was dated the 10th May, 1825.
The bill was indorsed by the drawer to a person
named Russell, who indorsed it to Wilson, the de-
fendant. Mr. Wilson indorsed it to Sir Paul
Bagot, who indorsed it to the plaintiff. The
other parties having dishonoured the bill, the
plaintiff sought to recover the amount of the defend-
ant. After the handwriting of the defendant had
been proved, it was contended that the bill had been
put into his hands to recover upon it, and that being
so employed he was released from the liability of a
common indorser.
Lord Chief-Justice TENTERDEN said he could not
see any reason why the plaintiff should not claim the
amount of the bill as against the defendant.
The Jury found a verdict for the plaintiff—Da-
mages, including interest, 324/.
CAGE V. MANN.
This was an action to recover rent for a house
and stables near Chancery-lane. The premises had
belonged to Mr. Bartholomew who let the same to
the defendant and one Thomas Gardener, It ap-
peared that some arrear of rent was due, a con-
siderable time since, which Bartholomew did not
recover, but having lately assigned his interest in
the lease and premises, the plaintiff, who is the As-
signee, now sought to recover it.
The ATTORNEY-GENERAL, in behalf of the de-
fendant, said, it would be a disgrace to the law if
the plaintiff was allowed to recover. The defendant
had been led to believe, from certain peculiar
circumstances, in which he had been placed
in partnership, that the arrears of rent due as far
back as 1812, would not have been sought after,
especially as Bartholoinew had never insisted on the
same.
The LORD CHIEF JUSTICE considered the ques-
tion one of considerable importance, and suggested
that it might come before the Court in the form of
a special case.
Counsel on both sides agreed to his Lordship's
suggestion and a special verdict was taken.

"'ITMON PLEAS, JULY 12,
SCOTT AND WIFE V. CLAn►a..,.
(Continued from our Paper of yesterday.)

Mr. Sergeant WILDE, for the defendant, said, he
thought he should be able to make out, to the satis-
faction of the Jury, that the plaintiff was guilty of
adultery and theft. But his Learned Friend said,
that the defendant had made another charge against
Mrs. Scott—namely, that he had accused her of
perjury, and that to that charge he had not pleaded
a justification. Now, he would tell his Learned
Friend that the defendant had done no such thing.
He had made no such charge against Mrs. Scott ;
he had done no more than give the evidence on both
sides of the question. Besides, perjury did not
merely consist in stating upon oath what was false,
for delusion often crept into men's minds, and
they involuntarily swore to ste tements that were
false ; it consisted in swearing wilfully and corruptly
to that which the party knew to be a falsehood.—
Now there was no foundation at all for Mrs. Scott's
saying that Mr. Clement had charged her with per-
jury, because he had published the affidavits against
her's. The defendant had, therefore, declined to
justify such an allegation, because he had no wish to
weigh the merits of those affidavits judicially...._
Where the charges were tangible he was ready to
justify them, and that was only in the cases of the
theft and of the adultery. Now he would tell the
jury at once that he would prove the adultery
beyond all question. The evidence in his brief
was ten thousand times stronger than any evidence
which he had ever known given in any case of trim.
con. Her guilt would be placed beyond dis-
pute, unless she was the most peculiarly con-
structed woman in the world.—(A laugh.)—The
jury knew that she had been some time in Mrs.
Bligh's service. Now, in the same lady's ser-
vice was a man-cook, of the name of Bergeret, to
whom Mrs. Scott attached herself for criminal pur-
poses. He would prove to them, that when the
family retired to bed, she was found, over and over
again, going to Bergeret's room. He would like-
wise prove, that in consequence, of information given
to Mrs. Bligh, she removed Mrs. Scott to another
room, and then he would prove that instead of Mrs.
Scott being the visiter of Bergeret's room, Ber-
geret was the visiter of Mrs. Scott. Mrs. Seotb
offered every opposition in her power to this altera-
tion, but she was compelled at last to remove to a
different apartment, and then Bergeret was found
following her there. The evidence which he should
offer would even go beyond this point. Mrs. Scott
was traced into Bergeret's bed-room. A conversa-
tion was heard between them, and then that noise
which intimated only one circumstance,—namely,
criminal intercourse between the parties. He would
show that this had taken place repeatedly. Was this,
he would ask, a charge brought forward on the pre-
sent occasion for the convenient purpose of getting
up a defence for the action ? No such thing. She
was charged with her misconduct at the time. The
twhasough reprimandedsii for
was
servants complained of it to their mistress. One of
them refused 'to stay in the house if such pro-
ceedings were permitted; and the consequence
the
case, hwears, irregularities. laitiMrre Scott
s. But
was irresistible; it broke
all boMrs. Scott's passion
unds. The servants became disgusted by the
excesses to which it led
her, and the con-
sequence was, that she was ultimately turned off.
Where Bergeret was at that moment, he did not
know. Whether one or both of these enamoratos
were in the Weis Royal, he could not tell, nor was
it material, as it had nothing to do with the present
case. There was another charge against Mrs. Scott,
to which he must now call the attention of the jury
—he meant the charge of stealing Mrs. Bligh's things.
Mrs. Scott had the care of Mrs. Bligh's linen, per-
sonal and household. She was found wearing her
mistress's apparel out of her sight, and subsequently
when an inventory of them was taken, several of
them were found absent. She was called upon to
produce them. She denied having them. Mrs.
Bligh then told her that she would not pay her her

wages, nor settle her account, till they were found.
Mrs. Scott went out of the house without restoring
them, but shortly afterwards sent a note to Mrs.
Bligh, by a little girl, and along with the note came
the missing silk dresses. He would prove the note
to which he alluded, to be in the hand writing of
Mrs. Scott. What, then, was the case as related
to this charge ? First of all, Mrs. Scott wore her
mistress's dresses; and then, grown bolder by suc-
cess, ventured upon purloining them. For this mis-
conduct she was dismissed by her mistress, and in re-
venge for it she became a volunteer deponent against
her in the Court of Chancery. These were the two
charges which he had to substantiate against Mrs.
Scott, and when he should have done so he should
have rendered his justification complete. As the
libel said that she had committed adultery
with Bergeret, it prevented him from showing her
general bad character previous to her marriage; for
such a plea, had it been placed 'upon the record,
would not have been good in law. He contended,
however, that when an individual said "you have
hurt my character, and I seek a reparation in da-
mages for the injury," he had a right to show,
if he could, that that character was too worth-
less to be injured at all. Would a Jury like
them suffer justice to be administered hood-winked ?
Were they to be told that it was unfair and unjust ,
to take into their consideration the whole tenour of
the plaintiff's past life ? How, he would ask, was
character acquired ? By the whole tenour of a
man's life. He was therefore ready to enter into
the whole detail of Mrs. Scott's past history,—to
meet at all hazards—

The LORD CHIEF JUSTlCE—Brother Wilde, you
are come here to-day to try whether the pleas you
have put upon the record arp true or not, and more
than that you cannot and ought not to try at present.
Mr. Sergeant WILDE bowed to his Lordship's
decision, but felt it his duty to remark, that Counsel
were bound to meet every argument that by possi-
bility could he urged against their clients. One of
his reasons for submitting such evidence to the Jury
was, that if it could not be heard in justification of
the pleas, it was admissible in mitigation of the
amount of damages.
The LORD CHIEF JUSTICE.-I am clearly of opi-
nion that you cannot attack the plaintiff's character
generally, except upon the precise matter contained
in the pleas, even in mitigation of damages. I wish
it to be distinctly known as my opinion, that when
a plaintiff is brought into Court on an action of libel,
he cannot be tried for every action of his life, when
only one is regularly before the Court. If a con-
trary rule be adopted, you will place plaintiffs in cases
of libel in a situation far more cruel than that in
which any criminal can be placed by the laws of
England. He knows from the indictment what he
is to be tried for, the charge against him is distinct
and limited. But here you would compel a man to
reply on the sudden to accusations of which he might
never have heard before in his life.

Mr. Sergeant WILDE trusted, that whatever in-
conveniences the defendant might suffer from being
compelled thus to frame his defence, might be attri-
buted to the right cause. Let not the defendant be
supposed to have attacked an unimpeachable charac-
ter, because he was not permitted to impeach it. Let
there be no presumption of law against him upon
that point. All he wanted was an uniformity of
decision.

The LORD CHIEF JUSTICE.--I wish for that too,
brother Wilde; and in order to obtain it, we will
receive a bill of exceptions, if you think proper to
tender it.

, Me. iiirt-natint _WiDIC thonot the question of the J
L greatest importance, aria tnan eu Ms Lortisnip WI
the opportunity he had given him of settling it, of '
which, however, he should decline to avail himself
~
at present. He thought it hard, that if two person:.
were libelled, one of the most honourable and the .
other of the most profligate character, they should ik:.
both come upon equal terms before a Jury, as his ~,
Lordship appeared to intimate. He thought that,
the contrary would be a wiser rule ; but if it were, 'f,
not according to law that he should enter into thr:: ,
general merits of Mrs. Scott's character, he woul4
content himself with maintaining his issues. He ..,
would therefore leave Mrs. Scott's character with,
no other stain upon it but that of adultery and theft. f,
—(A laugh.)—The Learned Sergeant, after a shor

summary of his former arguments, proceeded to ea- ~
that every man was interested in the proper adni.- t,
nistration of justice, and that its best safeguard wr
found in the publicity given to its transactions. 1
conclusion, he . would now call his witnesses, when:
testimony he defied his Learned Friend to shake b‘,.

any counter-testimony whatever. He had no dont •
they would return a verdict kir the defendant.
Mr. Flopgood, from the Stamp-office, produced a
copy of the Morning Chronicle of the 22d of No-
vember, 1826, and the report of the proceedings
in the Court of Chancery of the day previous
were read.

Maria Evans, examined by Mr. BROUGPAM.—I
was in Mrs. Bligh's service on the 10th of April,
1826, and remained with her till October following.
I left my place in consequence of illness. I was a
dry nurse, and was to took after the baby. Mrs.
Scott was a fellow-servant of mine during the whole
of that time, She was lady's maid, and had the care
of Mrs. ligh's clothes, and kept the keys of the
drawers where the clothes were contained. A
Frenchman named Bergeret was also in the service
of Mrs. Bligh. Mrs. Scott and he were continually
in each other's bed-room at improper hours s:lf the
night. Mrs. Scott slept at first in the attic, next
door to Bergeret. I slept below, in a room adjoin-
ing my mistress's. While I slept there, I saw them
together at twelve, and one o'clock at night. The
first time I saw them was in the evening about nine
or ten o'clock, about a month after I first went to
the house. She has sometimes been in his room
at twelve o'clock at night, and he sometimes in
hers. When I have been in bed I have heard them
talkingrs'
to each other in the same room. This was
at the latter end of May or beginning of June. I
mentioned what I heard and saw to Mrs. Bligh,
and she told Mrs. Scott that she should change her
room on account of her had conduct with Bergeret.

She was to came down to my room, and I was to
go to her's. She said she would not come down to
my room, but would rather leave her place first,—
alleging as a reason that my room was not large
enough to cortain all her things ; but I should con-
sider my room to be larger than her's was. She did,
however, change her room, and I went into the one
she had quitted. Bergeret still occupied the same
room. I afterwards saw them together in the room that
was formerly mine, as late as twelve or one o'clock.
This was when all the rest of the servants were
gone. I could hear all that passed in Bergeret's
room, there being only a very thin partition between
the attics. I have heard them speaking together
in that room late at night. A complaint of her con-
duct was made to Mrs. Bligh by all the servants,
and among the rest Sarah Little, who said, if Mr!.
Scott did not quit the service, she would. I liaY,e
heard Mrs. Bligh tell Mrs. Scott that she missed
some of her clothes. Mrs. Scott said she knew no-
thing about it. There was a parcel came to Mrs.
Bligh with some dresies and petticoats. It
wear
It was
brought by a little girl. I had seen IVI"' Bligh
those clothes before. There was a letter sent with
it something like this, (a letter being. abown to the
witness). I don't know whether it is in Mrs.
Scott's hand-writing. She had worn some of the
clothes. When she quitted she was not allowed to
take her own things until she. had returned Mrs.
Mrs, Scott notice
Bligh's. I heard Mrs. Bligh me