The Sun.
London, England, 1827-11-12 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, Nov. 10.
THE LUDLOW AND LEOMINSTER' BANK.
EX-PARTE BURiSTOI42 IN RE COLEMAN.
This. was a bankrupt petition, presented by Mr.
SUGDE'S, praying that a separate commission issued
against a Mr. Coleman, might be suspended.
Counsel were heard at very considerable length
upon the petition. The LORD CHANCELLOR
at the conclusion said, he would take time to read
the affidavits, before he pronounced a decision.

Ex-rARTE ANDERSON, IN ILE STARKEY.
VICE-CHANCELLOR'S COURT, Azov. 10.
In this case it_ appeared that a Mr. Anderson, a
creditor of Messrs. Starkey, brewers, in Golden-
square, held a certain lease as a security for h 4 debt.
The assignees were not inclined' to admit Mr. An-
derson's lien upon this security, until it had been sa-
tisfactorily proved to-them that the lease was depo-
sited with him on the 17th of February as it was
asserted.
_3-te commission issued on the 18th of
April, and as, therefore, by,Mr. Anderson's own ac-
cottnt, he had received this deposit only one day
above the two months required by the Act of Par-
liament, the assignees were very properly desirous of
certain evidence of the deposit having been made on
that particular day. Mr. Anderson, and his solici-
tor, Mr. Bourdillon, had both deposed, in their exa-
mination before the assignees, that the deposit had
been made on that precise day, but the assignees re-
quiring further evidence, pressed for the production
of Mr. Bourdillon's books. This Mr. Bourdillon
refused.

The VICE-CHANCELLOR was satisfied that the
solicitor _ought not to persist in refusing an inspec-
tion of his books, if by such means the doubts of the
assignees could be removed.

COURT OF KING'S BENCH, Nov. 10.

VICE V. LADY AIISOIL

This was an action tried at. the last Adjourned
London Sittings, before Lord TENTERDEN. ,The cir-
cumstances of the case, the sum of which. was, that
the plaintiff had furnished iron. and other mining
articles for the use of a mine in Cornwall, which ap-
peared to be managed by some person of the name
of Thomas. In this mining speculation and company,
or supposed company, the defendant (Lady Anson)
was supposed to have an' interest, and the plaintiff
'brought his action to recover from her the price of the
.articles which he had furnished to Thomas's mines.
• In order to render the defendant liable, it was neces-
sary to prove that she was a partyinterested, or a part-
ner in the concern. To show this, a letter from her
Ladyship to one Denham, a supposed director, was pro-
duced, in which letter she spoke about the-concern
as if she considered herself interested in it. ?4r.
Alderson, an attorney, proved that she had had con-
versations with him about the company, and ap-

This was an action brought by the plaintiff for
the recovery of his wages. The defendant was a
great coach proprietor on the northern road, and
the plaintiff was lila servant. On. the trial the .
amount of wages was admitted by the. defendant,
but it was pleaded that the plaintiff had, by his
negligence in driving, caused the death of two horses
belonging to the defendant, and that he had agreed
that their value should be stopped out of his wages,
The Jury found a verdict for the plaintiff.
Mr. Pou.OcK now moved on the part of the de-
fendant, for a rule to show cause why this verdict
should not be set aside, and a new trial had, on the
ground that it was contrary to evidence.—Rule re-
fused.

SKEY AND OTHERS V. ILLINGWORTIL

This was an action of trespass tried at the last
Assizes for Worcester, before Mr. Baron VAUGHAN.
The verdict went for,the plaintiffs.
Mr. TAUNTON moved for a rule to show cause
why the verdict should not be set aside, and a new
trial granted.—Rule refused.

WALLACE V. GILBERT.

Mr. ERSKINE moved for a rule to show cause
why a criminal information should not be filed
against the defendant, Mr. Francis Yard Gilbert, for
a gross and scandalous libel published by him against
Mr. John Wallace, an attorney, residing at Bodmin,
and his wife. The present application was founded
on the affidavits of Mr. and Mrs. Wallace, which
stated that they had been married 39 years, during
which they had had eight children, one of whom, an
unmarried daughter, 28 years of age, resided with
them as part of their family. The affidavits further
stated, that Mr. Wallace had recently built a house,
which went by the name of St. Petroch's, and was
situated near Bodrnin. The libel was contained in
some handbills, which imputed to Mr. Wallace pecu-
lation and embezzlement, and to Mrs. Wallace the
crime of adultery.

The-affidavits denied all the statements set forth
in the libels. Theiiriliter•of the affidavit had like-
wise filed an affidavit, in which be swore that the
manuscript from which he .composed them was
in the defendant's hand-writing. Mr. Wallace also
deposed to the same fact.
Lord TENTERDEN—Take a rule.
'HABEAS CORPUS.

Mr. HILL was instructed to apply for further time
to answer the writ of habeas corpus which the
Court had granted on Friday, on the motion of Mr.
Adolphus, to produce the person of a lady alleged
to be labouring under insanity, who, it was further
alleged, had been forcibly carried away from a house
in which her husband had placed her under the care
of a-female. He rested his application upon.uffida-
vits sworn by the nearest relative of the lady,—her
uncle and his son. The latter swore that, acting
under the advice of big father and his father's soli-
citor, he went, accompanied by other persons, to the
house where the lady was placed, understanding that
she was there subjected to cruel treatment, and re-
strained in her personal liberty. When he arrived
at the house, he asked permission to see the lady,
which was granted. He then asked her whether
she was willing to change her residence, and to be
put under the care of a female relative. She ex-
pressed her readiness to do so, and was told she
should have the opportunity. The person under
whose care she was, attempted to prevent her leav-
ing the house, and with that view locked the
door, on which the deponent and his friends
took the lady out of a window on the ground
floor. The deponent swore that no violence was
offered to the woman who had the care of the lady,
unless indeed' the loosening, her hold of the latter
could be called violence. The lady was imme-
diately conveyed to the house of a female re-
lative, where she was residing at present. Since her
removal, she had been visited by Sir G. Tuthill and
Dr. Kerrison, both eminent physicians, who had cer-
tified that she was *not now in a state of mental
aberration, and the deponents swore they believed
she was not in,that state. The deponents had made
inquiries in the neighbourhood of the house where
the lady formerly resided respecting the woman in
whose custody she had been placed, and had found
her to be a person of very bad character. Under
thef;e circumstances, the deponents prayed that the
Court would grant them further time to answer the
Writ, in order that they.might be able to inform the
Court more fully of the facts of the case than they
were at present able to do. They undertook tha'
the lady should be always forthcoming.
Mr. Justice BAYLEY (Lord Tenterden having )4
the Court.)—Where is she now ?
Mr. HILL—In the care of a female relative.
will not mention names.
Mr. Justice BAYLEY—NO, no.
• Mr.IIIiLL--,She is within a' mile or two of the
Court.
Mr. Justice BAYLEY—Can you not agree upon
some person to have the lady in custody ?
Mr. Anotanitis said it was difficult at that late
hour, on the last day in the week, to say that time
should not be allowed to make the return to the writ.
He.apprehended that till Monday the Court must
grant, and'so much lie was disposed to concede. He
must, however, say, that he had never heard a more
extraordinary confession made to the Court, than
that two persons, without any notice to the husband,
or application to any tribunal whatever, had gone to
a house, dragged the lady out of a window, and run
away with her. These persons say they made in-
quires in the neighbourhood, and thought the woman
in whose care the lady was placed was an improper
character: They affected to say that the house was
the property. of
,Mrs. Smith.
.It was, however, sworn
to be the prOperty, of the lady's husband.
Mr. Justice ilavi,Ev.—la there any thing stated,
in your affidavit as to the propriety of
conduct of the
persons in the house ?
• Mr. ADOLPHUS.—NO.

We

Mr. Justice BAYLEY.—Then, although it is the
husband's house, it may he true that it is an lin-
prOper One.
Mr. ADOLPItUS.—TO run away with a man's wife

Mr. HILL—If a wife be illegally taken out of a
husband's possession, the husband can bring an ac-
tion at law against the parties so taking her. There
may be cases where, for particular reasons, a wife
may be unwilling to return to her husband, and it
does not, follow that because the Spiritual Court
would order a restoration of conjugal rights, this
Court can compel the wife to go back if she be un-
willing.
Mr. Justice BAYLEY--I think it but reasonable
that you should have till Wednesday, but then it
must be by consent, for the sake of precedent.
Mr. ADOLPHUS—When your Lordship intimates
that, I feel bound to submit.
After some further conversation, it was agreed
that no fresh affidavits should be filed on either side,
and the case stands over till Wednesday.

COURT OF COMMON PLEAS, Nov. 10.

MOUNT V. HARRISON'.

In this case the plaintiff sought to recover the
amount of a policy ef insurance for 1,000/. effected
on the freight of the ship Olive Branch, bound on
a voyage from the Cape of Good Hope to London.
The case was tried before Mr. Justice Park and a
special jury, during the late sittings at Guildhall,
when a verdict was found for the plaintiff.
Mr. Sergeant TADDY now moved for a rule to
show cause why that verdict should not be set aside,
and a new trial granted, on two grounds—first, that'
there had been no abandonment to the underwriters,
which in cases of insurance of freight, he insisted
was absolutely necessary ; and, secondly, that there
was no proof of sufficient necessity to warrant the
sale of the ship.—Rule refused.

BLACKBURN V. BLACKBURN.

This was an action of
.libel. The jury found a
verdict for the plaintiff, at the same time stating
that they were of opinion the defendant had, not
been guilty of any express malice;
Mr. Sergeant CROSS, for the defendant, a few
days since obtained -a -rule to show cause why that
verdict should not be set aside, on the ground that
the verdict of no express malice was in fact an an-
swer to the case: _ _

Mr. Sergeant WrimE this day said, that in order
to lay the whole facts of the case before the Court,
and to render it more clear, he thought it best to
move for a rule to show cause why the verdict
should not, be set aside, and a new trial granted, on
the ground that the verdict of "no express maliee"
was against evidence.—Rule granted.

COURT OF EXCHEQUER, Nov. 10.

tiAKEMORE V. THE GLAMORGANSIHRE CANAL COMPANY.

In this case, which has• been so frequently before
the public, Mr. TAUNTON obtained a rule to show
cause why the verdict of 500/4 found for the plain-
tiff at the last Summer Assizes, should not be set
aside, or the damages cut down to 1701.

ADAMS V. mERRIDEw.

This was an action of libel, tried at the last War-
wick Assizes,_beforeLord Tenterden, in which the
plaintiff, a Magistrate of the county of Warwick,
obtained a verdict for 251. damages against the de-
fendant, who is a printer and Alderman of the town
of Coventry, for a libel which appeared in the Co-
ventry newspaper, imputing to the plaintiff, that as
Chairman of the Committee of Magistrates, he had
sanctioned the expenditure of a large sum of money,
nominally in providing suitable lodgings fOr . the
.Tudges' but in reality in providing accommodation
for the Magistrates themselves.
Mr. READER, on behalf of the defendant, now
moved in arrest of judgment; on the .ground that the
indictment did not allege that the defendant pub:.
lisped the libel of and concerning the plaintiff in his
character of Chairman of the Committee of Magi_
strateS., but merely as Chairman of the Committee,
without stating of what Committee.
The Court -granted a rule to show cause.

PALACE COURT, WESTMINSTER, Nov. 9.

Mr. Ross, on a former occasion, having obtained
a rule against Lee, one of the officers of the Court,
to show cause why he detained 'a sum belonging to
one of the suitors in that Court, now moved that the
rule be made absolute. About eight months ago
Lee had levied a distress against a defendant in that
Court, the proceeds of which he had never paid
over to the plaintiff. He had since the distress was
made given the plaintiff a bill of his own for the
amount, instead of paying
him the money; which
bill on becoming due was dishonoured, and the
Plaintiff had never been able to recover the amount.
Mr. LONG (the Judge) animadverted in severe
terms on the conduct of the officer : the money must
be paid immediately.
A 'week was then allowed for the officer to pay
the money, on pain of diSmissal from his, situation. •
There were. several charges of a similar nature
against other officers belonging to the Court, and
they were, after some severe remarks on the scanda-
lous practice, from the Learned Judge, disposed of
in the same manner.

GRAND NAVAL VICTORY.—,The Observer
of yesterday contained the whole of The ExtraordiAary
Gavuite, including the list of killed and wounded, ver-
batim. A Monday afternoon Edition of The Observer is
regularly published at four o'clock, in time for MOnday's
post ; and which may be had at the Office, No. 169,
Strand, and at the different Newspaper Offibes'at the Royal
Exchange. The price of The Obsert4r is Sevenpence.
CORN MARKET.--,The market of Friday
was rather an improvement on that of . Tuesday, which,
however, had declined from the quotaoons of this day week.
'the wheat, to.day, was scarce in supply, and of very in-
ferior quality. Oats steady, and in demand. Barley scarce,
and advancing slightly.--Dublin -.Patriot.

The Turkish ships were moored in the form of a cres-
ceut, with springs on their tables, the larger ones -Present--
ing their broadsides towards the centre, the smaller oneein
succession within them, filling up the intervals. •
The combined fleet was formed in the order of sailing in
two columns, the British and French forming the weather
or starboard line, and the Russian the lee line.
The Asia led in, followed by the Genoa and Albion, and
anchored. close alongside a ship of the line, bearing the
flag of the Capitana Bey, another ship of the line, and a
large double banked frigate, each thus having their proper
opponent in . the front line of the Turkish fleet. , The four
ships to windward, part of the Egyptian squadron, were
allotted to the sqnadron of Rear-Admiral de Rigny ; and.
those to leeward in the bight of the crescent, were to
mark the stations of the whole Russian squadron ; the
ships of their line closing those of the English line, and
being followed up by their own frigates. The French fri7.
gate Armide,was directed to place herself alongside the
outermost frigate, on the left hand entering the harbour ;
and the Cambrian, Glasgow; and Talbot next to her, and
abreast of the Asia, Genoa, and Albion ; the Dartmouth
and'the Musquito, the Rose, the Brisk, and the Phi-
lomel were to look after six fire vessels at the en.
trance of the harbour. I gave orders that no gun
should be fired, unless guns were fired by the Turks ;
and those orders were strictly observed. The three Eng-
lish ships were accordingly permitted to pass the batteries
and to moor, as they did with great rapidity, without any
act of open hostility, although there was evident prepara-
tion for it in all the Turkish ships, but upon the Dart-
mouth sending a boat to one of the fire-vessels, Lieutenant
G. W. H. Fitzroy and several of her crew were shot with
inusketry. This produced a defensive ;fire of musketry"
from the Dartmouth, and La Syrene, bearing the flag of
Rear-Admiral de'Rigny ; that was succeeded by a cannon-
shot at the Rear-Admiral from one of the Egyptian ships,
which of course brought on a return, and thus, very
shortly afterwards the battle, became general. The
Asia, although placed alongside the ship of the
Capitana Bey, was even nearer to that of lkloharem Bey,
the Commander of the Egyptian ships; and since his
ship did not fire at the Asia, although the action was
begun to windward; neither did the Asia fire at her.—
, The latter indeed sent a message " that he would not fire
. at all," and therefore no hostility took place betwixt our
two ships for:some time after the Asia had returned'the frf:e-
ofthe Capitana Bey.

In the 'mean time, however, our excellent pilot,
Mr. Peter Mitchell, who went to interpret to Moharem
my desire to avoid bloodshed, was killed by his people in
our boat alongside. Whether with or without his orders
I know not ; hat his ship soon afterwards fired into the:Asia,
anti was consequently effectually destroyed by the Asia's fire,
sharing the same fate as his brother Admiral on the star-
board side, and falling to leeward -a mere wreck. These
ships being out of the way, the Asia became exposed to
a raking fire from vessels in the . second. and third
line, which carried away her wizen-mast by the board,
disabled some of her guns, and killed and wounded seve-
ral of her crew. This narration of . the proceedings of the
Asia would probably be equally applicable to most of the
Other ships of the fleet. The manner in which the Genoa
and Albion took their stations was beautiful ; and the
conduct of my brother Admirals, Count Heydeu and the
Chevalier de Rigny throughout, was admirable and highly
exemplary.

Captain Fellowes executed the part allotted to him per.

fectly, and with the able assistance of his little but brave
detachment, saved the Syrene from being burnt by the
fire vessels. And the Cambrian, Glasgow, and Talbot,
following the fine example of Capt. Hugon, of the Armide,
who was opposed to the leading frigate of that line, effec-
tually destroyed their opponents, and also silenced the bat-
teries. This bloody and destructive battle was continued
with unabated fury for four hours, and the scene of wreck
ana devastation which presented itself at its termination
was such as has been seldom before witnessed. As each
ship of our opponents became effectually disabled, such of
her crew as could escape from her endeavoured to set her
on fire, and it is wonderful how we avoided the effects-of
their successive and awful explosions.
~ It is impossible, for me to say too much for the able
and zealous assistance which I derived from Capt. Curzon,
throughout this long and arduous contest ; nor can I say
more than it deserves for the conduct of Commander Baynes
and the Officers and crew of the Asia, for the perfection
with which the fire of their guns was directed, each vessel
in turn, in which her broadside was. directed, became a
complete wreck. His Royal Highness will be aware that
so complete a victory by a few, however perfect, against an
excessive number, however individually inferior, cannot be
acquired but at a considerable sacrifice of life ; accordingly
I have to lament the loss of Captain Bathurst, of the Ge-
noa, whose example on this occasion is well worthy of the
imitation of his survivors. Captain Bell, commanding the
Royal .Marines of the Asia, an excellent Officer, was
killed early in the action, in the steady performance
of his duty ; and I have to mourn the death of
Mr. William Smith, the Master, admired for the zeal

and ability with which he executed his duty, and
beloved by all for his private qualities as a man. Mr. If.
6. Dyer, my Secretary, having received a severe contusion
from a splinter, I am deprived temporarily of his valuable
assistance in collecting and keeping up the general returns
and communications of the squadrons ; I shall there.

fore retain in my office Mr. E. J. T: White, his , first
Clerk, Whom I haVe nominated to succeed the Purser
of the Brisk. I feel much personal obligation to the
Honourable Lieutenant-Col. Craddock, for Ids readiness,
during the heat of the battle, in carrying my orders and
messages to the different quarters after-my Aides-do-Camp
were disabled; but I will beg permission to refer His
Royal Highness for, further particulars of this sort to the
details of the killed and wounded, a subject which it is
painful for me to dwell upon, when Lconternplate, as I do
with extreme sorrow, the extent of our loss, I console my-
self; with the reflection that the measure which produced
the battle was absolutely necessary for ohtaining the results
Contemplated by the Treaty, and that it was brought on
entirely by our opponents.
When I found that the boasted Ottoman word of ho-
nour was made a sacrifice to wanton, savage devastation,
and that a bate advantage was taken of our reliance upon
Ibrahitit's good faith; I Own I felt a desire to punish the

The Admirals commanding the squadrons of the three
Powers which signed the Treaty of London, having met,
before Navarin for the purpose of concerting the
means of effecting the object specified in the said
Treaty, viz. an armistice de facto between the
Turks and, the Greeks, have set forth in the present
protocol the result of conference.
Considering,thet,a4r ienal suspension of hos-
tilities, to WhiCli:lbrnhiin rtial consented in his confer-
ence of the 25th
,of
.epternber last with the English and
French Admirals, acting likewise in the name of the. Ru-
ssian Admiral, the said Pacha did the very next day vio-
late his engagement by causing his ileet to come out, with
a view to its proceeding to. another point in the Mores ;
Consideriug that since
,the return of that fleet to Nava-
rin, in consequence of a second requisition addressed to
Ibrahim by Admiral Codringtop,, who ,had met him near
Petra, the troops of this Peelle have not ceased carrying
on a species of yarfare me!?,deetructive and exterminating
than before, putting women and children to the sword,
burning the habitations, and
.tearing up trees by the roots,
in order to complete the devastation of the country
Considering that, with_ a view of putting a stop to
atrocities, which exceed all that has hitherto taken
place, the means of persuasion and conciliation, the repre-
sentations made to the Turkish Chiefs, and the advice
given to Mehemet-Ali and his son, have been treated as
mockeries, whilst they might, with one word, have suspen-
ded the course of so many barbarities ;

Considering that there only remains to the Commanders
of the allied squadrons the choice between three modes of
fulfilling the intentions of their respective Courts, natrely
Ist. The continuing, throughout the whom of the
winter, a blockade, difficult, expensive, and perhaps, use-
less, since a storm May Aisperse the squadrons, and afford to
Ibrahim the faciliv of conveying his destroying al lily to
different points of the Mores and the islands.
2dly. The uniting the allied sqUadrons in Navarin itself,
and securing, by tbispernsanent presence, the inaction of
the Ottoman fleets ; but which mode alone leads to no ter-

mination, since the Porte persists in not changing its
system. . . . _ _

3dly. The proceedings to take a position with the squa-
drons in Navarin, in order to renew to Ibrahim proposi-
tions which, entering into the spirit of the Treaty, were
evidently to the advantage of the Porte itself.
4fter having taken these three modes into consideration,
we have unanimously agreed that this third mode may,
without effusion of blood and without hostilities, but
simply by the impOsing presence of the squadrons, produce
a determinatiOn,leading to the desired object.
We have in consequence adopted it, and set it forth in
the present protocol.—Oct. 18, 1827.
(Signed)

EDWD. Cenetticioat, Vice-Admiral and Commander-in-
Chief of His Britannic Majesty's ships and vessels in the
Mediterranean. •
Louis, Count de HEIDEN, Rear-Admiral of His Imperial
Majesty the Emperor of all the Russian.
Rear-Admiral IL de Run% commanding the squadron of
His Most Christian Majesty.

No. H.
Extract of a letter from Captain Hamilton, of his Majesty's
Ship Cambrian, to Vice-Admiral Sir Edward Codring-

ton, dated Kitries, the 18th October, 1827.
1 have the honour of ' informing you, that I arrived
here yesterday morning in company with the Russian
frigate Constantine, the Captain of which ship had
placed himself under my orders. On entering
the Gulph, we observed by the clouds of fire and smoke,
that the work of devastation was still going oa.--
I
The ships were anchored off the pass off Ancvro, and
a joint letter from myself and the Russian Captain was dis-
patchedrnciow ; toththeeßTus.i
usilanishanCod
Ennimglaildeor,ffiam
rscopy, the of
f which
bearers of
it, were not allowed to proceed to head-quarters,
nor have we yet received any answer- In the
afternoon we, the two Captains, went on shoe
to the Gieek (punters, and were received with
the greatest enthusiasm. The distress of the inha-
bitants driven from the plain, is shocking ! women and
children dying every moment of absolute starvation, and
hardly any having better food than boiled grass ! I have
promised to send a small quantity of bread to the caves in
the mountains, where these unfortunate wretches have
taken refuge.
It is supposed that if Ibrahim remained in Greece, more
that, a third of its inhabitants will die. of absolute starvation.

No. HI.

Statetrient made by the Secretary to the Capitana Bey in.
the Port of Navariti, Oct. 21, 1827.

3 Turkish line-of-battle :-1 Turkish admiral--84;
guns, 850 men, 650 killed ; 1 ditto, 84. guns, 850
men ; 1 ditto, 76 gnus, 850 men, 400 killed.
4 Egyptian double-banked frigates—CI guns each, from
450 to 500 men,
15 Turkish frigates-48 guns, from 450 to 500 men.
18 Turkish corvettes, 8 Egyptian ditto—from 18 to t 4

guns, 200 men.
4 Turkish brigs,.s Egyptian ditto-19 guns, from ISO

to 150 men.

5 Egyptian fire-vessels,
35,000 Egyptian troops in the Morea, 4,000 of whom
came with the above ships.

No. W.---(Translation.)
As the squadrons of the
,Allied, Powers did not enter
Navarin with an hostile intention, but only to renew to
the Commanders of the Turkish fleet propositions which
were to the advantage of the .Grand Signior himself, it is
not our intention to destroy what ships of the Ottoman
navy may yet remain, now that so signal a vengeance has
been taken, for the first cannot-shot which has been ven-
timed to be fired on the allied flags.

We send therefore one of the Turkish Captains, fallen
into our hands, as a prisoner, to make known to Ibrahim
Mouharem Bey, Tahir Pacha, and Capitana Bey,
as well as to all the other Turkish Chiefs, that if one single
musket or cannon shot be again fired on a ship or boat, of
the Allied Powerst we shall immediately destroy all the
we shall
remaining
vessels, as well as the forts of Navarin, and that
consider such new act of hostility as a formal de-
claration of the Porte against the three Allied Powers, and
the terrible consequences. •
---9fzujor and his Pachas must suffer
of which the Grand

But if the Turkish Chief aeknowleding the at.