The Sun.
London, England, 1827-01-26 00:00:00

COURT OF EXCHEQUER.—(Tms DAY.)

The Court was occupied this morning in hearing motions for
new trials. Mr. Baron Graham did not appear on the Bench,
and it was generally understood that the Learned Baron had re.
signed.

A HUNGRY JUROR !
FREEMAN V. BRICE.

In this case, which was an action for a libel, a verdict had been
obtained for the plaintiff, and
Mr. BROUGHAM now applied for a rule nisi for a new trial.
The Learned Gentleman made application on two grounds--
namely, that the Learned Judge, before whom the trial took
place, stated to the Jury, that, in his opinion, the justification
pleaded by the defendant had been proved ; the other ground was
that immediately after the verdict had been given iu, and as the
Jury were descending from the box, a gentleman addressed one of
them, and expressed his astonishment that they had found a ver-
dict for the plaintiff, to which the Juror replied—" I ant sorry that
it was so, for I believe the plaintiff to be a great rascal." Upon
which the gentleman in question enquired whether he had
heard the opinion expressed by the Judge. "0, yes," said the
juror. " Then why concur in the verdict ?" naturally asked the
gentleman. " Because I wanted to get my dinner," was the in-
stant reply of the juror.—(A laugh.)—The Learned Gentleman
stated that this admission of the juror, in his opinion, formed a
sufficient ground for setting aside the verdict, and cited the case et
" Dennis v. Taylor," in support of this application.—
It had been laid down by the late Lord Ellenborough,
that any declaration of a juror unconnected with the giving
in of the verdict, as for instance, an expression made et the
day after the trial, was not an adequate ground for setting aside
a verdict, but that any thing immediately connected with the
finding of the Jury might be urged in support of an application
of this sort, Here the Juror distinctly states that he did nut
concur in the verdict.

Mr. Baron GAnnovv—No, Mr. Brougham; he says he con-
curred, but he gives his reason for that concurrence.—(A laugh.)
—lf one Juror concurs with the other eleven in a verdict, how-
ever improperly, it would be certainly wrong to disturb the
verdict on that ground. It often happens that a person sitting
under them overhears a Jury; when loudly discussing their ver-
dict, each states his particular reasons to be so and so ; if these
reasons appear to be improper, would that be enough to disturb a
verdict ?

Mr. BROUGHAM—If a Jury come no a decision by improper
means, such as was the case in Dent v. the Hundred of Salford,
where the Jury east lots for their verdict, the ♦erdict ought not
to stand. Here a Juror, it clearly appeare, bad been influenced
by improper motives.
[The rule for a new trial was granted on the first ground,
namely, that in the opinion of the Learned Judge, the justification
had been proved.]

CONSISTORY COURT.—(Tun DAY.)
(Before Sir C. ROBINSON.)

UT.STOX V. ULSTON.
This was a suit promoted by Mrs. Uslton against her husband
for a divorce upon the ground of cruelty.
nston, who is a respectrhle looking man, appeared personally
at the bar, and prayed the Court to be permitted to sue in forma
pauperis.
Sir C. RORNISON said, the Court could not grant Mr. Uls..
ton's application, unless he produced the necessary proofs of his.
poverty.
The applicant stated, that unless he was allowed to appear a,
a pauper, lie should be unable to defend himself against the
charges made by his wife.
Mr. JENNINCs, the Proctor for Mrs. Ulston, prayed the Court
to let the case stand over in order to give the parties an opportuatity
of preparing the necessary proofs.
Sir C. RoßtxsoN acquiesced in the raggestion of Mr. lonian
and the case was ordered to stand over to the net Court-day.—
The Court then adjourned.

NIGHT-MARE, OR WITCH-RIDING.—" This is
an ancient Scandinavian superstition. Mara, from whom our
Night-mare is derived, was, in the Runic theologY, a spectre of
the night, which seized men in their sleep, and deprived them of
speech and motion." Various charms have been employed to
drive away the supposed intruder. Hollow stones are hung op is
stables to prevent the Night-mare; and it is considered mosteffec-
tual when suspended from the horse's neck. In the north, these
stones are called holy stones : they are also denomitutted .hag-
stones, as preventing "the hag from riding their horses." But
men, as well as horses, are exposed to the midnight hags; and the
following mode of dispensing with their visits is adopted in this
neighbourhood : "A man at Ringmer had the Night-mare, or
incubus, as it is called. His wife told me he was hag-ridden, and
to charm the hag away, she had placed a Common Frailer-book:under his pillow, I need not add that the charm was effectual."
—.Muffles Ilistor,y of Lewes. -

SPIRIT OP 'MR PURIM JOURNALS.

We stated yesterday, that the form given to the decla-
ration of the Spanish Court, with regard to Portugal,
was that of a circular note addressed to the Captains-
General of the Provinces, and to the Inspector-General
of the Royalist Volunteers, by M. de Zambrano, Minister
at War. This note has been understood by our Ministers
(as we learn) in a pacific sense. It certainly fairly ad-
mits of such an interpretation; and all we can do is to ex-
press our hope that such a construction of it may be borne
out by the actions of the Court of Madrid, which have
acquired the unenvied celebrity of being often at variance
with its words. It seems to us, indeed, that there are one
or two positive characteristics abort this note or decla-
ration, and perhaps as many of a negative nature, which
may hear a slight remark by way of memorandum, to be
recurred to, if desirable, hereafter. The " civil dissen-
sions which have unhappily broken out in Portugal since
the death of John VI., of respectable and pacific'
memory," and the contiguity of the Spanish fron-
tier to the scene of such dissensions, are alleged as
the causes and excuses for a reinforcement to the gar-
risons near the frontier, and for the assembling of
an Army of Observation to support them. In the
course of 1822, precisely similar language was held
by another Sovereign, who described himself to be under
extreme alarm respecting certain " civil dissensions"
which had unluckily broken out in the Spanish provinces
along the frontier of the Pyrennees, and who attempted to
justify on that alarm, the metamorphosis of a military.
force which had been hitherto called a " Cordon Sani-
taire," into an Army of Observation. It is unfortunate
for the King of Spain as it was for the character of that
other Prince whose example he is now so assiduously en-
deavouring to follow, that the disturbances complained of
lave in both cases been attributed to the direct interfer-
ence and excitement of those in whom they have created
this extraordinary feeling of apprehension. An effort is
made by M. Zambrano to charge Portugal with the first
provocAtion, a Portuguese officer having induced some
Spanish soldiers to desert. But did Portugal arm, and
organize, and equip, and despatch these deserters to in-
vade their native territory ? On the contrary, did she not,
with prompt and ill-requited honour, deliver up their arms
to Spanish officers, and send them to a distance from the
frontier. Ferdinand, through his Minister, speaks of double
precautions being, requisite in his frontier provinces,
specifying particularly Andalusia and Estremadura,
where his Government is exposed to the machinations
which might be contrived either in Portugal or at Gib-
raltar, at which last place " was organised, and whence
issued, those bands of rebels who were destroyed at Ta-
rifa, Almeira, and Guadamar." This we consider as a
mere petulant set-off against the accusations of the British
Minister. It must, however, be remarked, that through
the whole of this official document not one particle is dis-
avowed of all the hostile or outrageous arts with which
the Spanish Government has been distinctly charged by
Portugal, by England, and even by the French Foreign
Minister, M. Dames. It is no where denied that the forces
under Chaves were prepared as an army, and furnished
with artillery, and with every other engine of destruction,
frOm the Spanish magazines; nor, although the circular
declares that one of the ends for which it has been framed

is the making known " that part of the instructions which
have been given to the Generals commanding on the fron-
tiers," as may have reference "to objects of more general
interest," that is, of course, to the objects under discus-
sion between Spain and the Portuguese allies, is there one
.vord of clear or distinct instruction comprehended in it,

enjoining any Spanish officer or functionary to disarm or
disperse a body, large or small, of Portuguese rebels,
should they re-enter the dominions of Ferdinand. So far
the manifesto is incomplete and unsatisfactory. It is in-
complete in another point, and one both curious and im-
,portant. When the King of Spain announced his unwil-
,,lingnesa to compromise.himself with Portugal, or with its
ally, England—does he mean that there exists no other
Power whose anger he will have reason to dread, by the
same unjustifiable course of policy which would give of,
fence to Great Britain and to Portugal ? Is not France a
party, co-operating with England for the security of
Portugal, and for the restraint of the Court of Madrid
from its system of outrage against an unoffending
neighbour ? M. de Damas repeated, from his place in
the Chamber, the exact complaints of Mr. Canning against
the injustice And perfidy of the Spaniards. Charles X.
withdrew his Minister from Madrid, expressly and avowedly
because he was displeased at the obstinacy of Ferdinand
in his agFessive course 4gainst the Government of the
Princess :Regent. Does Ferdiumed then wish to have it
believed by the world, that there was nothing genuine in
alt these demonstrations of displeasure on the part of his
Royal Cousin of France; and that, let the Camawilla act
as it thinks fit, no matter with how much criminality and
treachery, -no matter with what insult and malignity to-
wards Portugal, they are anxious only to keep measures
with Great Britain mid her Ally; the threat; of the Court
of. France being either unworthy of consideration fcop her
impotence, or on the other hand as being palpably fectie
tious and insincere ? With whatever good humour, there-
fore, Mr. Canning may bring himself to receive this note
as a proof of Ferdinand's repentance, M. de Damas, we
presume, can do no otherwise than remonstrate upon the
tone'of it, as disrespectful and discreditable to his master.
4. few days will throw much light upon the oracles, how-
ever dark, of King Ferdinand and his priestly counsellors;
and Er land will then have to act, not to negociate. We
understand that Lord Beresford has been appointed Com-
mander-in-C,hief of the combined forces of Portugal and
Great Britain.--Times.

The Wellesley carte is now drawing, we suppose, to a
close. Though we are aware that, in Chancery, he must
be a bold man who will pronounce that, aCter going through
the evidence of affidavits and bearing Counsel, the decision
of the Judge must follow forthwith—there is often a long
and fearful pause between. As the Chancellor was indig-
nant at the publication of some of the documents, though
they were in answer to Mose which had already been pub-
lished on the other side, without incurring either orarial
censure or reproof, we suppose we must abstain from
`Making any comments until after it has been finally de-
cided by the Chancellor, for we do not believe that any
appeal will be made to the House of Lords, though his
Lordship alluded to such an appeal on Monday last. Cul
bonn? What Peer Nvill have patience or courage to climb
to the summit of that mountain of affidavits ? Pelion oa
gosee—and if he did, who would be bold enough to set
his opinion against tht of the Chancellor, who is also
Speaker of the House oaf Lords? This case will deserve
to be classes' amongst the most curious that ever came be-
ere a Court- Ed Justice or Equity—curious, not because
there is any thing entirely new in the incidents or the fea-
tures, but because it affords such an illustration of the justice
and progress of business in this Court, that it cannot but fur-
nish strong and clear lights to those who are tryisig to make
this Court, if possible, more consonant to the real prin-
ciple of the Constitution—we do not mean to blame
the present Chancellor more than his predecessors—he
followed the. path ej, he
improved it. Offound it, and certainly he has not
course, be found that one or the
powers was that of separating parent and child, and thus
breaking the fint-asid strongest tie ,of nature. By-the-
by; we should be glad to know from whence this power
proceeded ? How came it to be vested in the Chan-
cellor ? Of old, the wardship of
infants of rank and
ortune were in the King, but this is not at all compa-
rithle to the present power. That interfered only after
the death of the parents—this interferes during the lifetime
of the parent. Whatever way the present case is decided
(ti fortiori, however, if it be decided against the ele.irn),
the power and precedent that will be set will be
• ciade the subject of Parliamentary inquiry. But
this is not all. If the case itself deserves investigation,
the practices to which it has given rise demand legislative
inveetigation in a more imperative manner. What a
system is that which proceeds upon mere affidavits; what
• a vri&' door is thrown open to the violation Of truth!
What a premium, we had almost said, is held out for

perjury ! Any thing may be made the subject of affida-
vits. The most loose evidence equally with the mastipo-
sitive—hearsay is acceptable as direct—suspicion as
heartily welcomed as proof. One affidavit swears posi-
tively to a fact—another as positively denies it. The first
affidavit is, perhaps, corroborated by another ; the second
then backs out of its denial, and avows itself in a supple-
mentary affidavit to have been totally mistaken, which
mistake would never have been confessed, but for the de-
tection afforded by the corroborating affidavit. Thus trials
are made of affidavit against affidavit. Jack is as good as
his master ; Joan is as good as my lady,

" And Brutus i; au honourable man,
" And so they are all—all honourable men !"

The dexterity is to swell the number of affidavits. All
this is legal. y But the Chancellor may order an indictment
for perjury—true. But the difficulty of conviction—how
many instances can be produced ? In the present case
there may be fifty affidavits or more on each side, one in
direct contradiction to another. Can the mind contem-
plate, without shuddering, such a wholesale mass of
crime ? But the blame and vice are in the system. How
would such a case have stood in any of the Courts below ?
There viva voce evidence is received. Some, who may
be nothing loth to swear affidavits, would not have stood
the test of a cross-examination. The evidence would
have been sifted—the truth elicited in the course of one
or two sittings, and instead of lingering on for two years,
the business would not have occupied as many days.—
Here is abundant food for reflection, and abundant proof
also of the necessity of thorough and immediate reform.—
Morning 'Chronicle.
The Circular from the Madrid 'War-Office, in which
the King of Spain declares his motives for assembling an
army on the Portuguese frontiers, can be considered in no
other light than as an additional proof of the duplicity with
which King Ferdinand is acting. The French gave to this
curious paper the pompous title of Manifesto, although it
contains nothing more than the instructions of the Spanish
Government to the Military Commanders of Provinces,
stating the reasons why troops are assembling under their
command ; and the motive thus alleged, although it may
be satisfactory to them, cannot certainly be so either to
Portugal or her Allies. It would be an endless task to
point out the numerous inconsistencies with which this
insidious document abounds, but there are one or two pas-
sages which deserve particular notice. The King of
Spain's War Minister, in the name of his Master, declares,
" that in Portugal civil dissensions had unhappily broken
out since the death of King John VI. ;" then alleging,
as a pretext for the assembling of an army, the dread of
the contagion of Liberalism spreading beyond the Spanish
frontiers. This is exactly the same plea the French put
forth when they formed the Cordon Sanitaire in front of
the Pyrennees. Yet what were the dissensions in Portu-
gal, subsequent to the death of John VI., of which King
Ferdinand, in Madrid, could be afraid—or rather, if any
have arisen, who is to be blamed for them ? It is a
well known fact, that the present pretension to raise the
Infant Don Miguel to the throne, in defiance of his elder
brother—the only dissension witnessed in Portugal—origi-
nated with the Queen Dowager (Ferdinand's own sister)
and her partisans ; and the chief plans were organized iii
the Madrid palace, chiefly through the instrumentality of
the two Portuguese Princesses, Ferdinand's own nieces,
and two women who have the greatest influence over his
councils. It was from them that the Silveiras received
their instructions and principal supplies of mosey; and in
order to lay a groundwork for the dissensions which they
courted and excited, they availed themselves of the name
of the younger brother, thus ostensibly making him a party
to the scheme, without his knowledge, concurrence, or
consent. The desertion of Portuguese troops into Spain
was a consequence of these plans, and the money by
which it was promoted was distributed by the agents of
the Silveires. Their subsequent armament and organiza-
tion within the Spanish territory were -also evidently tin-
der the immediate sanction of the Spanish authorities ;
consequently the dissensions in Portugal, which Ferdi-
nand now affects to dread, have had an origin exclusively
Spanish. The Declaration of the Spanish Monarch, there-
fore, issuing from the mouth of his War-Minister, is intend-
ed only to disguise the real intentions of the Apostolical
party now governing in Spain. This party is well per-
suaded, that if liberal institutions take root in Portugal,
their ascendancy must be soon lost. They attribute the
establishment of a new order of things, among our old
allies, to the advice and co-operation of Great Britain, and
for this they would gladly punish us, as well as for " the
machinations which might be contrived in Portugal or
Gibraltar; in which place," the War Minister openly
avows, " were organized, an I from whence issued those
bands of rebels, who were destroyed almost as soon as
they landed at Tarifa, Almeira, and Guadamar." The
real views of Ferdinand and the Apostolical Party cannot,
therefore, be mistaken. They wish the reign of despotism
and religious phrenzy to be restored in Portugal, and this
they know cannot be done, as long as we continue firm and
sincere in our alliance with the House of Braganca. The
Madrid Cabinet knows well the nature of our relations with
that of Lisbon, and that at the end of 1822, when the liberties
of Spain and Portugal were threatened by a French invasion,
the British Government, through its resident Minister uc
Lisbon, made the following declaration to the Portuguese
Government :—" The English Government having so-
lemnly declared in the face of the world, that it does not
assume, or consent to the existence of, a right of interven-
tion in the internal concerns of other States, England will
feel herself obliged to lend to Portugal all the succour of
which she may stand in need, as often as her independence
may he menaced by any Power, or in any other manner
whatsoever. This promise, which is only the repetition of
that which England has made under other circumstances,
and at various times, has no relation, and can have none, 1
with the political institutions of Portugal, its object being
simply to declare that these institutions have not changed
in any manner, the relations which heretofore existed
between the vivo countries." Spain, at first, did not ven-
ture herself to put these declarations to the test, but
availed herself of an opportunity to excite discord, and
organize a band of native traitors, for the purpose of
effecting an object she did not feel prepared to risk
under her own banners. The clumsy stratagem was,
however, soon discovered, and Portugal immediately
claimed the fulfilment of our Treaties and Decla-
rations. This paralysed the views of the Spanish
Despot, and he haa now hit upon another stratagem,
equally as clumsy, although infinitely more formidable,
and this is, to assemble an army of his own for the pur-
pose of preventing the spread of contagion, and disarming
the Portuguese Rebels whom he had previously armed
with muskets from his own magazines : and, the better to
disguise his scheme, he protests that his intentions are
pacific. Disgraceful duplicity, excelled only by that of the
French, whom Ferdinand so closely imitates, previously
to their crossing the Pyrennees ! It will be remembered
that Louis XVIII. in his speech to the Chamber of Depu-
ties in 1822, solemnly declared " that malice only had
wrongly interpreted the purity of the intentions of the
French Government in the formation of a Cordon Sani-
taire!" He then protested, before God and man, that no
hostile views impelled the Government to the formation
of an army on the frontiers of Spain ; adding, that it had
for object the preservation of France from the yellow fever,
which had stewed itself in Catalonia, as well as to observe
the intestine dissensions in Spain, in order that they
might not extend to France, &c. Such were the solemn as-
surances at the time made to the world by the King of France
himself; and it is natural to infer that they must have been
equally explicit and satisfactory in the diplomatic corre-
spondence transmitted to the Madrid Government, as M.
Martinez de la Rosa, at that period Minister of State in
Spain, on receiving a renicustrance from the National
Congress, distinctly declared that France and her Soverign
were acting in:good faith ; that their intentions ought not
to be doubted ; that the assurances given ought to be be-
lieved; in short, he solemnly declared that there was no-
thing to be apprehended. Yet what was the sequel ?
In the month of January, and when opening the Session

of 1848, tile Xing of France, four his Throne. spoke se
follows :

" I have done every thing to preserve Spain from the extrerneet
. misfortune. I have ordered the recal of my Minister ; and
100,000 Frenchmen, commanded by a Prince of my family, by
him whom it pleases my heart to call my son, are about to march
and invoke the God of St. Louis to preserve the Throne of Spain
to a descendant of Henry I V.—to preserve that fine kingdom from
ruin, and reconcile it with Europe. .
If war is inevitable, I shall employ all my cares to narrow its li-
mits and shorten its duration. It will not be undertaken except
to conquer a peace, which the present state would render impos-
sible. Let Ferdinand VII. be free to give a Constitution to his
people, which they can only obtain from him, and which, in as-
suring their repose, will dissipate the just uneasiness of Fiance."
This Declaration was followed by the occupation of
Spain by a French Army, and this occupation, up to the
present moment continues. More than once we have had
occasion to notice that King Ferdinand, in his present de-
monstrations against Portugal, is imitating exactly the con-
duct which his dear Allies, the French, observed towards
Spain, in 1823 ; and the very plea he now alleges as an ex-
cuse, is precisely the same. Whether he is more to be
believed than Louis XVIII., it would not be necessary to
inquire ; he is well satisfied in having a good precedent
before him. This alone would reconcile his conscience to
any deceptions and double dealings of which he may after-
wards be accused. His War Minister, besides, has already
prepared the world for another part; he, most probably,
will yet be called upon to act as a worthy descendant of
Henry IV. " Should the extremity of war be unavoid-
able," the renowned and chivalrous Ferdinand, it may he
expected, will go forth in battle array, at the head of his
army, leading on a " patient, religious, persevering, and
monarchical people," to gain laurels, like the Duke d'An-
gouleine, on the Lusitanian plains. The army he will then
command we described yesterday : and, for the present,
we hale only to add, that we decidedly think that his Ca-
tholic Majesty's marches in Portugal will not be quite so
rapid as those of his cousin were in Spain.—lbid.
The public cannot be too much upon their guard against
the statements which are daily and hourly put forth from
the Press both in France and England relative to the im-
portant questions which now agitate Europe. From the
authoritative tone in which some journals at home, and
still more in Paris, announce as facts their own interested
inventions, one would almost be led to suppose that the
bureaus of Ministers of State had been removed to these
printing offices; and that their editors had really added to
their present occupations those of Cabinet Counsellors.—
That there are, both in France and England, numerous
persons anxious to embroil the two countries in hostilities,
cannot for a moment be doubted. In France they are
principally composed of two classes, themselves of oppo-
site feelings and opinions enough, the one consisting of
the old Buonapartists, and of all who bear no affection to
the restored dynasty—the other, of what are called the
Apostolicals, who, prompted by an artful and ambitious
priesthood, wage war, naturally, and from instinct, with all
who are opposed to the power, both spiritual and secular,
which it is the nature of their religious creed to assume.
In England, the war party (if it may be so denominated)
is neither so numerous, so powerful, nor so influential. It
consists, in no small degree, of creatures who obtain their
livelihood on the Stock Exchange, by duping and plunder-
ing the unwary; and of the very many, who, remembering
the various ways in which the last war enriched them, are
anxious again to partake of the contracts, the commissions,
and the various other sources of emolument, by which, at a
great expense of humane life and of subsequent national
difficulty, they sprung like mushrooms from the hot-bed
of patronage. Knowing the influence of the Press
over public opinion—and it would not, perhaps, be too
much to say that it is almost governed by it—these
persons have, in both countries, journalists devoted to their
service, and who readily give utterance to any re-
ports or assertions, however untrue or exaggerated,
which may tend to bring about the object they have
in view. So sensible are some of the Parisian edi-
tors of the existence of these unprincipled practices,
among some of their body, that an exposure of the " Lies
of the Day" now forms a regular and prominent feature
of the French Press, as it might, we believe, with equal
propriety, of the English. To see the Press thus prosti-
tuted, is equally mortifying and disgraceful. That one main
object of an owner of a public journal must be the profit
to be derived from it, is natural and obvious. Any jour-
nalist who were to disclaim such a motive would meet
with few believers, even among the weakest and most cre-
dulous of mankind. But though the merchant and the
huckster pursue the one paramount object of gain, the
mode of doing it is, or ought to be, very different; and the
meanness and deception to which the latter will resort are
unknown, it is to be hoped, to the honourable calling of
the other. So it should be with those who conduct so
mighty and important an engine as the Press. Though
its conductors may have interests to consult, they should
never forget that they have also duties to perform; that
among these, the promulgation of truth should be the
first and all-pervading motive of all their actions, and that
the tricks, the artifices, and the falsehoods, which we ex-
pect from, and excuse in the huckster, but which blast the
reputation of the merchant, are equally, if not more blame-
able when permitted or resorted to by those who have so
large a share in informing the minds, directing the judg-
ment, and influencing the conduct of others. Till, how-
ever, the Press is shamed out of such proceedings as those
to which we have alluded, it strongly behoves the honest
and independent part of the public to weigh well, rnd to
receive with caution all that comes from a suspicious
source. We do not wish to particularize, by holding up
this or that Journal, either at home or abroad, to censure
or applause. All that we would do, is to recommend the
tpl ebyl c
giveto exercise
atd aoftnothe world, may
peace and tranquillity of Europ
possibleeepe
ei degreelespecially
of cmauetniotnwillienvivhthaet
ecxreerdciitsetoe,vmeroyre
vert to.—
dveeypeednd
tuopotnhetmhe ttrhuttohugohr fatlhseeheco'hoodaunoofeltehewsetateedmente eon-
Morning Herald.