The Express. — London, England, 1848-12-07 00:00:00

Aril dm. T. In sit Esti mai Tea limb: dm the Ir. til a j Pn oaf tcl ho sal ab vas elf. aurally • • south. such CaUf , the del bound Tbe on tt.e , vides The te • Ute eat rod t court, loses MOM CI 0.11 de judge dose., ation tante. 6 realm Itut it 1 sear • If the age u to I i eluesti taken realm not el aselai 01:0, rale disetn Not We, 11.6‘11 WWI 4:4! 1%17 bear able CPU, by it be —Bl leen I'. do le a id H a 1 tla Ile 11.11 IL. W goo r, thl du so THE EXPRESS, THURSDAY EVENING, DECEMBER 7. 11448. his eliime nephew, the plaistiff Mr. Hwy Themes s, Hope, the Jeri ha grimier lespiries were subseqwently earl est et length no dee» skater, erred se to the feet UM weedy lir. Henry Threes Her 11l » kis bill in the Nest of 011 emery, preying that that deed might be established, and theelhe Intl* be &weed retitledW die peened» Of the }ms s Aa wows se that lin bevies been filed, the Mars, »the Belk direr a that the eslidft of the deed Wald be Wed in a rest of law, end that Mr. Beery Thews Hops &pad be at liberty to brie; en esti» Ise the pur ge» of aseertsinieg that thee. With • view /dasher to WON a ttention to the prat at ism, the el Os Rees bound the parties to unto adialeares whirl wen to be made brim the jury. Or of these admirer» res that Mr. Crier*, a solketor, mad ere of the delendaats ea the reseed, shiseld be itemised se a ukases fin shrill I. pails. It would appose that is April or May, 1821, ▪ Oreeleek was seat for by Hwy Philip Hope (whom selidane he hed.preeiraly hashes» eanfideatially consulte d epos SWIM Mr_eperleU deed to anvil the jewels is Mr. Manly Thomas MOW, reserving he Celliki: le a 7 Philip Wipe a life interest in them, end a le sr exchange them as he thought fit. Mr. Tie Mope Meted that his object was to eve W Irgoey duty, sad to orbs that there should be so doubt es to the validity of the thelreimsat he gave dietetics' that eat ad velrein stamp albs lee MUM should be affixed to it. Wpm reedy leg diensloWaseleas, Mr. Creelock mat instmietions to Mr. Preen, the elMilet conveyancer, who accordingly pee. a dealt deg, leaving blanks for the sass of the draft deed wag retuned to Mr. Omer , leek =lnk, a penes named Drover, dose &mak Med Is Ihe blanks with the 'solaria el the mama, the le be besefisielly interested. By that deed Ai le des gabble. shish was paitMtMdl deleMlwammtle glees le 11. T. Ulm abeehately upon the death if his ruin who Forevel le UseelN a life introit, as advent, elehel. The saneemegift‘ddes gsuitse was stated in the drubbed. a Ade espy et mwlbb77trle wee eras to Mr. M. P. Mope, Mr bite Mort dos altawaeds the esnitas get huh elC miLd . " • 2l by gergirs MI*111:026.681.8:411. la the letter am ems pomp , ami prrler' eMealep tee. to make my Were perform lie pert s that there ere be the payment al Ms sea t he in the deed), althea* eggehleg et re Meese of the deed." Mr. Map* Mem *idled whether Ms pigment et the 10s. was a nave 11=uodziad, if se, diraOred that the decumbent should he repaired he asesoliss. It was sent to lir. Willthlethle, • law stations la Cliaassry-lene, end at sale earvista. The solicitor sp. ported Beadily, the IMle et Mg, 11111. le wait upon Mr. H.P.P. Hope with the lad. sad that day it was erented hy Mr. Bete. 11 was sit al over to any re, and for en obeire asses. By Mr beam of the deed Mr. H. P. Hope was to have • lith ether la the jewels ; he was not only entiftedto the pamesisft et lass, but also posses dos of the es smidesee dais *b. The blanks in the deed for the definite name des gmeirs, were fi lled in by Kr. H. P. Hope himself biters its emuseekr. A fair copy of the deed was afterward' towed Mr. U. P. Hops 's papers in the peressioa of • Mr. Weld, whom he salvo- greatly emploecd a his rolicitor. Mosher soliciter named Mated» succeeded Mr. Raphael, she dial in 1838 ; end Mr. Maunder would redoes this &Demme's! amongst others which he had its ived fries the widow of Mr. - Raphael. There was no doubt that the grantee named in W est deed was Mr. Henry Thomas Hope. After the lapse of so many yam, it was fortunate that WNW existed to fortify the re oollectioe of Mr. Creeloek. It would be perhaps Impossible for any one to remember, after so long a these, the fact of the execution of an instrument of that sore Bat Mr. Creeluck kept an attendance book, for the purport of entering memo- randa of the diteeent clients he attended. Frogs those entries his bills were afterwards framed. Zanies of all the particulars were regularly made under their respective dates. In that book en entry appeared charging Mr. H. P. Hope kr Mr. Creelocies attending him to attest his sueutien of W deed be question. That leiter was copied in &billet costs width was paid by Mr. Hope, who thereby suction» aerator» that the deed had been executed by him. The entry in Mr. Creelock's attendance book was this: " Bunday, 20th Ilms, 1821—Attending you at New Norfolketreet, according te your appointment with the deed, for the pumas of attesting the execution thereof." Ous of the last items in thebi s l 4 l l. 3 cuts was that charge, end it also contained another item of 251, stamp duty. Mr. 11. P. Hope retained the deed in his pooseesion, but after the moat careful god diligent searches it could not be found rues his death. One part Of the order of the Master of the Rolls was that it should be admitted the deed was diligently searched for, and not found. That was for the purpose of admitting secondary evertor of the cos crate of the instrument By the deed the property, which was then estimated at 30.0001., was gives te the late Mr. Thomas Hope, brother of the grantee, in trust for the grantor , during his life, and after his death, to trust, for Henry The his eldest nephew. It might be said Mr. U. P. Hope dfepmrd of all his pr petty by his will executed some short time before hie death. But the Waller was he had no power to do so. By the deed in question he costarred an absolute right to the jewels, pictures, ifec., on Henry Thome Hope, and had no power afterwrde to make any other disposition of them in favour of another. It might be sug gested that it wee re? strange the deed should have re wird in the grantor poresstoe. That was because he had retained a life-intertat in the jewels. Although the deed did not take effect until after Mr. H. P. hope's death, the interest was absolutely vested in Henry Themes Hope, and his uncle bad no power afterwards to resell» or alter the disposition he had made. To render • deed operative it was net necessary that the grantor should deliver it le another. Although he kept it in his own re:seance, Home delivered, established as his act, it operated to treader any prop rty which might be the subject of it, even though it continued in his remotion. In this case the vary terms of the deed itself showed who should have the custody of it. The rely questian was as to the execution of it. There was a very important difference between a deed and • will The latter was resemble et any time. If, fur instance, •mu transferred property by deed, and afterwards destroyed it. the destruction of the deed would out deprive the grantee at the interests he had acquired under it. The distinction was well understood. A deed was irrevocable unless the power was retread, while a will might at say time be revoked, and that was the reason why it was usually ca le d the " last will." But this deed contained nothing like the character of a will. There was no power of reredos con tained in it. The grantor's object, in making a dLposition of those jewels by deed, and not by will, was perfectly intel ligible and legal. It was not a fraud, although one form of disposition wee liable to a greater amount of duty than the other. That Finciple was clearly . laid down by Mr. Baron Wood, in 181 i , •• ease decided in this court, and reported in 3 Price, p. 388. Upon the whole, Sir F. Thesiger er prised an opioioa that the jury would, aft. r hearing the tv Renee, have very little di ffi culty in findirg by their vet diet that the deed in gitestion WAS executed about the 20sh of May, 1821, and that was really the only issue submitted to them. Mr. W. Belton Creelock, solicitor, was then called. He produced the original letters and drafts referred to in the statement. He roll( eted the deed having been engrossed and sent to the Lee Mr. Hope, but he had no recollection whether he had witnessed the execution of it, except horn the entry in the attendances book. That entry was in his own handwriting, and, looking at it, he had no doubt upon his mind that be did witness the execution of the deed by Mr. H. P. Hops. The instructioes rut to Mr. Preston were takes down by witness at the dictation of the late Mr. Henry Philip H. pe. Crose•examin d : There were three parties to the dud. It nn thus: " Henry l'hilip Hope of the first part" ' 1 Hope, of nephew of the said H. P. Hope, of the seeoad ' pert ; and Th o mas Hope, of Duchess-street, brother of the said H. P. Hope, of the third part." A fair copy of the draft wog sent to Mr. U. P. Hope on the 18th May, 1821. On the 19th he wrote to me approving of it, ordering it to !e. prepared for execution, and appointing the following:hin d le Lich was the 20th, for me to wait on him with it. I have no doubt the name of " Henry Thomas" was filled in before the deed was executed, but I have no »collectior urn the subject. I left the deed with Mr. Hope, and never saw it afterwards. Charles Wihiloon, son of the law stationer who engrossed the deed in ((motion, proved that an endorsement upon the back of the diet. was pally in the handwriting of his father, who died in Iftle Lookiog at that endorsement, and an entry in his fatty is book, he had no doubt that draft was en reeled on the 19th of May, 1821. Fir F. Theidge r then tendered Mr. Creelock's bill of eoets,bst The Attorney-Oentral obj.cteil to it on the ground that there was no evidence of tillers it came from. There was nothing to show it had ever been delivered to the res Mr. Hope, although he had paid its amount. Sir F. Thruster : This document erne out of the beads of Mr. H. P. Hope's executors.—The drumultwas afterwards received in evidence. Mr. James Maunder, of New-square, Lineoin's-inn, who succeeded Mr. Raphael as solicitor to Mr. H. P. Hope, pro duced a large number of documents found amongst Mr. papers, which were delivered up in 11-38 by Mrs. Raphael, the widow of the late solicitor. Anuses those wipers was the fair ropy of the deed in question, which was esi,d to 1842 in au unlocked box in which ether papers re lathe,' to the late Mr. Hope's affairs were kept. Cruse-examined : Any one could have bed seats to the I box in whir those papers were kept ; but Ido not think they were ever interred with. There was • deed of gift id the jewels from Henry Philip Hope to his parrot nephew, Alexander Hereof.» Hope. It was dated in 1832. —These &convents were tendered in evidence by the plain ii'.C.lll4l I, oh cted to by the Attorney•Oeneral, and re , ..ti Iby the e .urt. The pleintift's ease having eked, The Attorney Cholera] addressed th e jury on behalf of the defendant'. lie eknowledgi d, ac ts.uosol for the executors l ot the late Mr. Henry Philip Hope and for his youngest nephew, Mr. Alexander Berea.» Hope, he was not prepared to make any apology whatever for taking every technical ob jection tint could be token to enable them to defeat the ob ject of these proceediern No Pert of the reef thoe bed been °pre d by Ehr Frederick Theriot, and when the jury bad beard the whole of it, they must, no doubt, arrive at the con clusion that the defendants were perectly justi . .ed in resist ing the present attempt. It was nut for the value of the pro perty, although it had bees estimated at 84,0001., that Mr. Alexander lierenord Hope, the principal defeedant, was de termined to resist. It the jewels aloue were the subject of dispute, Mr. A. B. Hops would gladly relinquish all claim to them sooner then persist in litigation with his own broher. But they did not constitu'e the only cause of difference. An attempt had been made to cast a most unwarrantable impu tation upon the character and memory of the late Mr. Hope, end Mr. Alexander B. Hope f.lt it hie duty to rescue the memory of his benefactor and relative from the odium which would attach to him if the present claim prevailed. It • verdict was returned for the ?laietifl it would be convicting the late Mr. Henry Philip Hope of duplicity end deception—nay even of fraud. Ore of the dearest desires at the. fate Mr. Henry Philip Hope was, that his norm* onoectico. enousd be kept together and descend err pier to one of his nephews. That desire which he was ire queatly rased to apes—which was repeated .in the most TIIE 11d&MIVIELL .Actin AND WHIM e. UONS AND O,urns.—Tb' Ase which ceetipead mend hours of Turs.ltiy, roused and brought to a termination Int' May. 1. was an action of trover brovaht in pursuance cif en inter of the Master of the Both, dated the 28. b of July. 1 . '17, for the parpme of as .—mrt ft whether • certain dscst, bearing date thel9th of May, U3l, and coney) in g a vela abie culieetion of jewels, dianthads, ie., to Thos. Hope, de- Ceased, in trust for Henry Theo. Hops, his mak mu executed y the late Henry Philip Hope, time bo re date. The pleas we nnt at or about the aad no ba r P. Tbseiger,Q,C , wit h Mesas. 'amokaru i ire a k•ard , were mensal fur the *inn& ; Je Attorney-General, Sir SIC., Mr. fferj. Channel, aid Mr. Paton, tor the rhos/ant& Set P. Thee: ger stated the plaintiff's emme. He ild, although in form thi action was brought by the Meows. lemma, eucutcn of Jeremiah Hannan, wbo, in his life time, was eke executor of the late Mr. Thria. Hope, !pint the /amours of the will of the late Henry Philip Hope, it we., In Fiat of fact, en action between Mr. hen Thorns Hope and his brother, Mr. Alexander Mam ry ba Hope, nephews of the late Mr. Homy Phrfip 11.pe h appeared Mr. H. P. Hope had formed a very cosier sad valuable callectioa of jewels, minerals, and articles of vertu, which be prised very highly. They were generally kept in • mahogany cabinet, and remained in his psemession up to his death, which hemmed upon the 6th of Deo., 1839. He had prrvimely nisei • willleaving his three eschew., the sons of kis inedtmr,Themes Hays, resi duary legatees. A warms uswogassonimisamsaggaids payers IIND• tines tine:ward% a semis dosweseit was Abuse:ed. whisk led to the ispeanics alt o Is 1114. les MA mat to ASSIZE INTELLIGENCE. CHESTER SPECIAL ASSIZES. The special aisles tor the city sad nasty of Chester sem meased yesterday before Mr. Berms Alderson and Mr. Jos tles Us. Mae were ieS prisesen for trial, about 40 of whisk were for ethopirecy. Cowalftiutot AND IlisonWnawoft.-0. Yogis, •C 22.• envie, was eared with WM., at Hyde, GS the ladoulawfully ~plead When, by sienna slimes asW am^ Is subvert the laws, to Nis Masi el Mr s a e= The Indimment isichmied As spelt et at II 14 1 : 4 Tide holm lees reed, tb u s ii = T A M time to sad heaped Sr awl of the AlMonspesnend sekt be wet gin It to limes • flaw of Am; bat not el rlghil. N. might te plead Were WWI* Adietthrat.—The priesner having *Med net rifts , The Annuity. General rest A state the cam en bthelf the mem. In ea& xo one soda have heard rem* the speesh i m puted to lbe sham wilbsot a m il e being poothised ea I his mustmemeibles4= of the begpmes essesiaml. The Wessel then went ea to sap Met M felt be have heat wanting la his duty if he bad not 'rimed a ithermionliM to punish the prisoner ter the delivery of each a seditions ire* es was Imputed to Me, sad to soavinee the pse athis cou ntry that the =if dm law ment be via seate d, in order that the real et the Wise{ might be r ound. The prisons; M a Ivied here, was as inhabitant of Ilinaingbam, sad bed far more time bun ems of these bleed advocates who bed travelled sheet the arestry hr the purpose of prometbig agitation. The drips were le subnense three. Om was tbe deathly of anthem speedy the mooed MIS elelepiring with ethers to WPM w piernmmt of the othatry, and tbe third was for Wog present at an unlawful aseembly mime be delivered tbe epos& reinved to. The learned getn- Mims then proemial to OM wat to the jury the various Cln the speech alluded to, sad , concluded by - observing M felt sure a more &dm Asmara of sedition had meth, been brought before a Jury, end that they would have as difficulty in finding the giMear T. Brown, a police.eillaroosid that M a attended several monlogs held on a piths of wises pound joining the ear ibteeems at Hyde. Ile was at a meeting on August 8. Tinge ewes about ,1 800 perms gtherat. When he got there gelesser was addressing the people. • [The witness here possold to read ham his setae l la the course of his speech the Klemm laid that if ;sweated the charter they must help themselne. They NAM Ammo O'Connor to get the charter for them. feedlot think he could get it. It was themselves mud get the charter, and must be prepared to take it by tore, for be could tell Ale= that the tyrannical government of this senatry would never grant it them by moral form. No mad Moe for hint, but physical force. Ile therefore advised them to arm themselves, and drive the tyrants host their Mb. He said Down with the church and the state and the government too, for they were the greatest tunes the • people of this counts', bad to contend with. If they were organised let the government see their atzength with the bits of steel at die end of their stave*. That was the way to get the charter. They wanted no Q. 1•4•11 nor Print* Alberta nor the Archbishop of Canterbury, with his 76,0004 and odd a year. He would do it for the odd hun dreds. If he bad a wig on his head would he not make as good a bishop as the Archbishop of Canterbury ? lie called Lord John Russell the devil, and said, down with them all. Prima Albert they would put in a bundle with all the little moos, and send them to Germany. AU those who were for fighting sad putting down the government, Ist them signify it by bolding up their hands [Here, the witnessa mid, nearly all the people held up their hands.] The witueu proceeded to say that the people went in pro releitin from the meeting, and on the following Monday he PLR another procession, many of the veeple armed with pikt and several of them were those who bad attended the meeting on the Bth. Th: prowler contended that he was not upon his trial for having caused that meeting. The Attorney-Celle/IL—lt is included in the general in dictment for conspiracy and to excite terror in the minds of the people. Salutation oontinued.—On the Monday the people went to the different mills and palled the plugs out, and stopped the engines. [The witness was here eross-examined at con• siderable length by the prisoner as to whether he wu sure he had reported his speech eons ctly.— Witness would not swear that he had reported it in the order in which it was delivered. He might have transposed some of the topics. The meeting wasquiet, but when it broke up he was afraid of being ill-used. The people kept him in the yard for 15 or 18 minutes, and would nut let Lira go. The prisoner continued his croes-eaamina tion for some time, and was proceeding with it when our report was despatched. The trial is expected to be concluded this day. Mao& mower wity=gbeer• his Oath, was by the s present es be trarzated. Nay more, a skissamar a Wei Ampdaa wee given to all his silatamosta Jamie he sway yews before kb deaf& Tie • eititit ef the AA Mr.Nwe wee that Ms sodlestim sheallospeenrwed en** he me buena el Me ilmajishoptiaegelds•66l.2....m m.sede Mow Wall Abe mtgs. ised, aff • Si aims. Few ha 1 they twortolZed ahltltlir ibil otheresse am Mr. aspe's death they weir whet pants daty at 64,000 L lithe masa* Walla preasde the eilioldisw mast inevitabl be divided, and as AMINO with lithe mellector It of any dMO ant entesidalmade a that ealy, re- swami that Mimed ar. Alexander S. Hope to moist= isibriesne the details ed tha ease it might hot be rannoweraory A abie a Aw facts relatiag to the bisWel of this lbw*, _ as mom Member ot which the late Mr. law balm meitey provided. Mr. U. P. Hope lived on tie meet saisbentate tales with his brother Thomas, who bad tbressesse—Heaty Thomas the eldest, sad the plalatiff In this action, wee horn in 1807. Adrian, bone In 1811, and Alexander 13•1116,11 (the real d•lmulant). bogs is 1820. Mr. Thomas limo s the Meeker. died ia 1831, sad Mr. H. P. Bork Wham balsa boots Borg mese moi w, by a Mir mewling*, d iA s, e it mbrxyggstit t as k jo t s : It Ale of Dee., was gereticsoseloo ; bet le 111_5 kat Mil, width was made ff issaith k pershea modas tobikak iatiewas bals er fe d a p very iehuw large .lems forts uire , e se Wilts Mot be left about 40,0001. a year, and dwarf IlMe about 60,0001. • year. He was • man of 'meant is, sad took the greatest interest in his allecias ofjemb and Wares. He was meet &aims that they &Medd be wares& Redivided in his family, one of dot era ellsimpiod to deka those wishes by legal teakni.l WNW. The n os M left to the plaint iff. In lOU, whoa the jambs sad precious stems were only le SWUM Of liikfikek these was no question as M. I toads& to bow dim to one of his nepleows.l Ho wiled to made the pamaant of legacy duty, and it wee i est kw • fonse t denied that he gave Mr. Creelook, hie I, selkleat_leisetikus to prepare • deed disposing at the pea =4 11111 k. Messy P. Hope in 1821 duly execatied or b eak a deed as that desseibed, and before its seek des hearted the plalatife name in it, no doubt Bir T. n ava' was quite right when he said it would take arid eisikely, and mold sot be revoked by the grantor. Oess Os awl was duly emitted and delivered, the name of the pastes previously inserted in it, the grantor had no halm sewer whatever over the property which it purported te iniasfer. It was, however more than doubtful that oa th • deed mat had been exemad, but at all events il was ahem* weals that Henry Thomm's name was ham inserted Is IA It was (site clear the deed had never been delivered at all, 1 sod Mast was se, it was perfectly imperative. The granter ' dewedd "event wills, disposing of the identical to have been transferred by the deed la =la all of them he left the pictures to Hemp What necessity fee doing so If they had hem =s is a& of ? la 1832 and 1830 he executed deeds those jewels to Alexander Beresford, his nephew ; and in 1838 he filially determined *Athol =rim the pwristor of them. On the last 00641100 1 Immediately before leaving London for Holland, he gave his dos so-kisw (now Lady lierosfead) three parcel", one ad orned, ha his own handwriting, to his mpbew, Adrian, an other to Alexander Berestord, and ebbed to the lady herself. He directed her to give them to her eons as addressed, but not until after his death. lie returned to England after wards, and the parcels were returned to him. lie told several =losimarected with the family that the jewels after his were to be Alexander's. It could not he denied, 7.ititre, that he must have been guilty of misrepresents Lions and hypocrisy it he had made those aseertims respect ing his gilt to Alexander, and believed that he had diapered of the property in 1821. The reasonable solution was, that I the deed was cancelled before Mr. Henry Thos. Hope's name was inserted in it, and that it never was, in fact, legally 1 exemeted. There was no evidence it was ever delivered. It was suggested that in 18.11 the grantee had not made up his mind to which of his nephews he w giv eould them t leave h o is jewels. If he had made up h i s mind to his eldest nephew, why should he have kept it • secret from his brother, the tru stee named? The solution ma, he had not medal up his mind, and &id hot wish to create expectations which never would have been fulfilled. No name was mentioned to Mr. Creelock, though he thought the eldist nephew stated. No such description wee to be found in the draft decd. The copy dad sent to 'he grantor, and returned by him, left the names in blank. The description of the nephew,' whether the eldest, the second, Of the yOUttgett, was also in I blank. If the dead was kept by the grantor, and never de livered, it could not operate as a deed. The party who should have had the custody of it was the trustee, to whom, if it wee meant to operate as • deed, it should have been handed the day after be mention. It never was so delivered, and never was seen by anyone since 1821. Ilad it been executed, the late Mr. Hope, who was • man of good sense end judgment, would have dealt with the pro perty as he subsequently did. The deed of 1833, leaving the jewels to Alexander, was established by the jUdgment of the Court of Queen's Bench • few years ago, and that WAS the instrument by which the grantor redly meant the jewels should be deposed of. At the conclusion of HA learned counsel's address, Lady Bereatord, who had been in attendance sines the sitting of the court, eras examined. Her first husband was father of the plaintiff Henry Thomas Hope, of Adrian, and of Alexander 13. Hope. The late H. I'. Hope lived ea terms of the utmost affection with witness and her family. He occasionally 'poke to her on the subject of his property. In Sept. 1836 he came to her in Cavendiok-square. He then lived in Connaught-place. He raked if he left his jewels to Alexander witness thought he would always keep them ? Answered she wee sure he would. Ile then asked whether she thought Adrian would ? Witness said she was sure he would, and after some private conversatioo, added she was sure either of his nephews would keep them. He at one time told witness that he intendsd to divide his property equally between his three nephew', and asked if she would he 'abetted. Witness obi perfectly. In June 1838 he went to Holland. Before his departure he delivered three parcels to witness. Two were sealed, the other was open. One was addressed to Adrian, the other to Alexander. The third i was an envelope without writing upon it, that was for wit- MS. It coateined nothing but a key. Ile then seinanly regulated that the parcels should be de livered by witness as addressed after his death. TM parcel addressed to Alexander was like • very large letter (it contained the deed of 1828 leaving him the jewels). Mr. Hope retuned in September from Holland and took back the parcels ; that for wham also. lie went to Hot- Lad again in July, 1839. He gave witness the tame parcels, OS far as she cenld say, and with precisely similar directions. He again returned in September. A very few days before Ms death witness said to Lim, " Henry Philip, do you re member 1 have got three parcels of yours in m se 1" He said he did, and nothing further then tookp lace respect ing them. Wither delivers I the parcels as directed the day after Mr. Hope's death. Crom-examined : The jewels had been removed to • tin box one time. That box was missing in the autumn of Is3o. When the late Mr. H. P. Hope heard of it he said, " The loss will bo Henry's" (meshing the plaintiff ). Never heard him Fay that he had given his jewels to any one. The caw was then adjourned to YESTERDAY. On behalf of the defendants several deeds, draft copies, letters, cancelled and blank wills, and other documents,were read, subject to an objection by Sir F. Thesiger to the ad missibility of any set or declaration of the greeter since the execution of the deed of Kay, 1821. Mr. Henry Hertz deposed that he had been for forty years dealing in diamonds and other jewels. In that airway he became acquainted with the late He. Hope in 1832. Had charge et his collection up to the pet b. 4 of his death. They were kept in a mahogany cabinet 2l by ii.; end 12 inches. Mr. Hope kept one key—witness the other. ~ n the 10th of April, 1833, Mr. Hope told witness that hi. 'owl given the cellection to his nephr.v, Mr. Alexander Deader& llope, sod pointed to the deed which then ley on the table. At. tsched to the cabinet was • piece of vellum, upon which was written in the late Mr. Hope's writing, "This box belongs to Alexander Bamford Hops." There was ablue diamond, valued at 30,0001. in the collection. Mr. Hope purchssed it for 13,0001., and instructed witness to get him a purchaser for it. In 1838 he found one, but Mr. 11. P. Hope said he could not then dispose of it, bemuse It belonged to his ne phew Alexander. The defendant's nos then cased. Sir F. Thesiger replied ow the whole ewe. He was star tled by the unfounded observations made the previous day by the Attorney-General with respect to the plaintiff's con duct. There wee no intention whatever, on hie pert, to blacken or cast the slightest discredit upon hie uncle's memory ; and it was to be regretted such topics had been made the subject of comment. The plaintiff offered to settle the whole matter amicably. He claimed under the deed in question. His brothers Adrian and Alexander claimed under two deeds, one executed in 1832, the other in 1838. The pie intiff proposed that they should all three stand upon their respective rights under the last will in 1839, to which probate was sued out. He amecd, if Alexander gave up his clam, under the deeds of 1832 and 1838, t 3 surrender hie rights under the deed in ;motion. That come they refused to aequirees in. The Lord Chief Baron briefly summed up, and the jury at nice returned • verdict for the plaintiff. INSOLVENT DEBTORS' COllBT.awalfarrinn•v. Before Mr. Conimiseloner Law. IN HP WILILAM Woollo.tlc.- -Thih cue, the former hear ing of which appeared at length in this pacer of Nov. 3, was concluded to-day.-111r. Cooke, es la the last occasion, opposed on behalf of the Lefol and Commercial Assurance em,,puty, and Mi. Nicholls supported, the insolvent —Mr. James also appeared to-day for the purpose of vindicating the character of Mr. Newton, who was alleged to have been implicated with the insolvent in obtaining from the esin patty a loaa of 4501., out of which Newton was paid a debt of 300 i. From the evidence adduced at the first hearing it appeared that the patitioter and some other parties desired that a loan should be effected with the Legal Assurance Company ; that it was arranged between them that one— namely, Stephen Woodgate, bulbar to insolvent—should be the ostensible borrower, another (the petitioner himself), should be one of the securities ; that a third party (Mr. Carol) should be the other security ; and that Mr. Newton (a lace merchant and discounter of bills) should be the referee. The money was advanced, and it was now sought by the company to charge the parties with conspiracy, for which, however, the learned commiadoner declared there was no ground, altholt it was manifest that Newton had represented Stephen Woodipite as a responsible person, when he must have known that hi (the borrower) wan in solvent. Alter a lengthened examination the insolvent was remanded, at the suit of the general body el his creditors, for a period of five months, and at the particular suit of the opposing parties for a term of eight calendar months from me date of Ws vesting outer, tor tuning eontraeted a dent vita them without an reasasable expectation' of mutant. The costs el W appas l W win sawed.. POLICE.-YBsTEEDATe MANSION-HOUSE. - GOLD-DUST Botulism - T. Powell, U. 11. Wane, and J. Lewis, were charged with having stolen nine packages of gold-duet from the brig Lrissuel, on the western coast of Africa. The par tieulus of the ease are contained In the follow ing statement : - Captain George Vickerman, meter of the brig Lemuel, of Brirtol, anchored in the roads of Elmira on the 27th of July, 184 e, and caus-d notice to he ides n to sevstal of the merchants of the Gold Coast, Western Africa, that be ntended sailing for England on the Bth of August, and that all gold freight should be deli vered to him on or before that day, and he received from several parties eight boxes and pecksgea, stated by them to contain sold dust, ore of which was from Mr. A. Swaney, a merchant residing at Anomaly)°, to be conveyed se freight to England. Teat parcel contained 150 ounces, and was directed to Messrs luster and Smith, London. As he rem iced them he placed them in the corner of his bed room in Elmira, to which he was then confined by illness, but be did not leave the room while any part . of the pro. petty was there. On the 9th he delivered eight of the packages to his second mate, Thomas Price, to take on I oerd and deposit in the state room. Next day he delivered one other pack age to Price to deposit in the 'awe place,being too ill to go himself, and he received the key of the room. On the 11th he received from Price the fo'lowine letter : 84,-1 am sorry to Mem sou of what occurred this mom. Mi. The Mete. Watts, and obi Lewis went away tbis morn ng at about half.past Mao o'clock. taking with them an the gold, two chronometer., cabin dish firearnis, calomel, rac. They went ilk one of their own watcher, when the mate - came te me to wish me good bye. I then cowed all hands, but they .-- - teat all things ready In the boat. They went tones, and I ham bad the ensign Mooted imam down all the monde,. I could not let you RAILWAY NEWS. base torture, they bore broke all the lockers. I hojts you will be able WEDNESDAY EVENING. to come on tu.ad.-111 main your obedient (Signed T. Pm, v. SIAM have been fi rm, but without nmch business. Witness then applied to the Governor of tans for officers of Filice to accompany him on board the ship , when the y SHARE LIST.-LONDON, D1C311 1131 6 . foiled the pannel of the starboar d Mate mom burst in, both bola-The metailano of lI tuo in Homan character ' denote actual larboard lockers broken open, and that all the bum of gold rm. • . Moo. of nurses Bakes sellers prime. FLIP. dust, the value of which was about 7,0001., the whole weight so Mender l6 17 60 Lawton s t:S.lr a feraTl 39 being 1,760 ounces, were mining. He also missed a small 41 4 etherye Sot • 110 41 41 31.1. 42f . 80. /Cr.. sof,. .. .., l y 1/ .1, box, which had contained two watches, from the same 70 llf 7 - 7 " 7B •Du' Le ' ll " pel I 3. lie. 14 . 4 W 14 12d. dr. pal. or rrL • guar • 30 Do. Cesar. Tenths 1614 d. locker, and his two ehro ne metete from the library, and to Iso .0.441114M11,1414 4 : 1 4p. 40 Do. s,ot . Tastste l4 ISL other article', amongst which were his cutlasses. Price, the 131',/tir W et-sea Valim el id 131 Do . Thirds 5l 4 5 d. record mate, gave him a p-stion of the box which had con- 50 ' l l 7 .Ti„t„t,,t eall i . kl II { D . :4o.6.Preite r rained the water es. Ths three primulas who had been on 20 Au.duaritheadeuar ' 91 It Lon.,totri c Troa a. p er board till he left the ;ship were all absent, but without his 6 Borfea.srams &Biras.'3 Id. 4 Mon., Neal. aNa ti 310. permission, neither had they any authority to go to a piece r Dr i tt . ov z gLid......4 Itt 1300131.1e..91C4&34ne. 42 roiled Cormantiae, nor had he told any one of them ta w ckhoh „.. Air , : . , 31 ..u. to 1 D0. 1„,„ ,f i 0 tv . ll 7N. that anything hod been forgotten there, nor had 60 I(2 . lleaota.us .. ...... ,14 . 4 . 40 D 0.01.0 111.04. 31 29d. they authority to take eny portion of the gold dust or 91 1 ,'? . . Itl,',v_e i . , d 7 ." . - T o 31?, 1 !"d .. •• -• •• •• •17 fa the other articles to which ho had referred from the z ,", (7 ,‘,.7,4n„)11,,,,,h,,,,d L i L I T i 5" . mg,,ba Prof . ship. Ile also missed the boat called the captain's gig 15 I I , o. ' Pr hounce .. 13 100 Do.Dirass2 1.;1l from the vessel. They bad no permission to take that boat. ill , /pl , , l , illniemse' 44 0 1 , 1 : m iZall 7 trL' e ° ll i ll7ll in three days after the robbery he went to Cape Coast Castle, :1 -; ss Pas. lot. E. a HO.. 331 46 MUGS. Ircsf liri l srs near Elmira, and found the three prisoners in custody there, 3.5 o...tontesesse.ret 71 $1 MO N41440511e .f., Carliok and he also saw there hie two chronometers and other pro. e? . ,Eoecm CounOm .. 111 2 25 North British ... 1 putty of his own, and the gold dust in balk , which was not li t ; l .)`" s i sse.Lt.tper.V.l l ;er c.o.d. ISt ° ill t s seem I ae the state in which he had received it. The Rig had been el De. sto Ns 2 par 4 1 . ~......,........, 14 brought up to Cape Coast from Annsraaboo. Wh.:), ih pri. 60 I Dairorithasti,4l .0 11519 Do. flints ... ...In el moms were examined at Cape Coast Castle, he hear) Pawell t t l t a ra i g.; .... lii ‘ hiod , 1v0g, , ..t ;;;; ,..... : :: :1 II my before the magistrates that he was so drunk ho did not 34 1 p o . a,,, ft, . :A it , 8 Ile de.0....514,014, know what he had done, end he beard the other" say that 25 I Earfera Cities C7 . ...4 . td I DO. do. 6prr aa. si, ni they were drunk. Powell also said, upon going into the It ,a 31 . . ii, 4 131 1 1:,,.;11 1 41 1 . 1 1,=; 1 14 , Dederairii. , ,p.C . ptt 4 31. 15 Noah ntadonivtdre.. 31 1 cabin, that he had taken the gold dust. -Mr. Hayward, 10 1 who prosecuted for the Treasury, said that Price, the * Enna esea. ..... .. lit k 01 North Watern .... second mate, whose evidence coctirmed that of Captain Lls ....° wort Wet H. Vickermsn, was in consequence of illness unable to % 1:1;',411,',7„,:,4:,-....i11eig. l ; "" d • Ropy lu i nd li C a li ti t come to tewn.-Capt. Cetchpole, master of the brig Tweed, il Po. a p tt.l'rfia.'pag. 20 'Sottish t?ntral .. . 232. of London, said: On the Ilth of August my brig was , y 2,5 I,lV . l.dn4o. l n,hirc • .:242... $3 s,:o4fisis . Ali:l r lat t a aa .. 7 d. off the Gold Coast. The Lemuel was lying at Elmira , a n dn ; '1' 4 7 . 12"., r .i. i l a , 1 i.,, 0. dv ,.. ek . l 4 dd. i 1 was twenty-four or twenty-five inlet i off. At about Ii leseter.voseihtiCied I Do. do.ilow.(Asar. eleven o'clock the watch gave me information, and 119 Dung Nurth d or e n f ...11 4 11 Earessat7hmA WA 3 20. went upon deck, and toned Powell and Watts l ''' jolt I tteeense.:n " 111 Do. Bairn ...... 1 lad Do. Osu.rstry .... N. on board my vessel. The gig of the Lemuel was 2 Do. Extousee. „Ire M. D0../eese... IOK lying alongside, and the prisoner Lewis was in the gig. I 4! Sle.eyerhatt' et ifee.lllise. is De.sperCatijiii 121 13d i asked the chief mate into my cabin, but before he went i s -t i z,.... orW ./4.4‘ .... ............ 4 : w t. , ,ti0i....... N .3t. down he said he was bound to Cormantine, which was 30 Do Ne.0.M.... x N o. I ne. prge.•,,•,... it s about two and a half miles or three miles from where I was 14 Do Neo• 141 . •- • 1 UV. lgovtle StafrordsdarC a 14, .„ When ho came to the cabin be said all the Things 7 .1 °TrP 7 ';; Aera 7 . loath Illoosn . ..„ .2 s arcs ...... T 21 O. d 0... .... 110. 113 had left behind at Cormantine, and he had been sent fi Do. t abares...... ZI DJ. do. .. ... No. 2 1 13 LIJ. far tilon. He thought of leaving in about an hour to go, io po. AVMs ........ 34 26 Do. do . • • 111134 it bat as the sea was very heavy I persuaded him to stop Ull 1 3 0 Ha i r u 1 .12 1 14 ...... * I 9 4. el it o li v ) A d ik.l tslils. ' " , . , - 'ti im. morning. He did not appear otherwise than sober, but 126 Do. Wares ••47 4$ 6 , S ThricamniCook did not exactly like his manner. It was not is if has sac in 12.1. Do. 4 shy res . ......:t Op,. 45 , Indeed. & Liewricit liquor. They stopped till about six in the morning. 1 ots- V ) ILT 4,;,74,44811- 1 11,62._. ti IWeirVellerm. ol -er.; 55 served *bap of some th ing in tbo boat, which I trek for e 3 I y,,,,,,,, a , k g, 4 red ,,, 4 1 ... Do. d 0....... ..... 120 10 Do. do OA clothing and provisions. Having observed when they left the se lie do. 26 led. * .1111ta, [Som. alreymr ship that they pulled in shore , and as they got in they edged H it& tdo ffs 16 1.31. _9l Wo s .g a su.am s ei d sway to go in • different dirs'etion from Cormantine my sew 1 6 1:: WV, . ' It i l : r e 1 111. News., & a = II 4 iii pinions were excited, and I lowered one of in to pursue M Do. tii.rfaaar.:::o 16 Dolit r ifolYlisthwilll them, but on second thoughts I went to Me. Swaney ard li l i t 'Eteg , s ,, ._ :. . . 1: D o uteeremenae pi told him what I respected, / and steps were taken' . follow i 1 p c , w. E. t i„,„„ 11 0 ‘ 50 , Yet &X. Mfdtrad l alO ' the prisonere, and I saw them in custody of Mr. Swaney 26' Do.Treetecateere Se 4 M , Do.PrZsessos ... gs about the middle of the same day.-11r. Andrew Swaney, • ,?,i'l Do. landa %try • • ... ;i4 M tn.. Sh ,gfotilittra II reerchait, residing at the Annamaboo Fort, en the Gold l" to Latta and Thirsts ,12 B - q An a st-trairan . T . . 1. Coast, Africa, mid : On the 12th of August I went with $5 i Dr. Do. Noe 133 VA a Botdognememel-Mil Capoain Catchpele OR board the Tweed, and Berta man to 32 , •,De,do re , 9l6prill $2l. 1T ,Cm.of Fr.lar.‘ Veal ' llt OK the masthead to look out for the gig of the Lemuel , but it I tt , =, k t t c ;=7, 4 q 7 1004. Itheols4. .. .. . Ito. East Indian. could not be seen. 1 Hen pursued in th e direction Captain yji• g o , 'k,„„,,„„ ~ Of. /*die Peasinai Catchpole informed me they had taken, keeping a distance fe Ison.,linehton,B. do. OA I 1 Looodo As a s a .u., from the chore, so as to see on shoes and out to sea, and 6 9 0 D I Z-I,ll6l4"Zt l ir M •letzwatoure ..... ... I I Ditto... , -.. about hall-post 11 I got sight of a boat, with the aid of my go IM. in w . 2. "'" 10 !Kamer an...fairy .. 41 id telsecepe, close to the curt, as near as she could be with 4 Do.Newst gr•lilaild 11 Northern of Iranes.6 2 _7 :Orleans & Bonkaus'll 'del and I immediately bad my boat pulled to leer, sad It her v de 4 hGt fouefeh l u ; p ry s il l irons- or 614. g m 'lt w as the gig of the Lemuel, ' end that Powell and p ig .e,,,„s,, a gel,wasMioluse isk to I Do. do. ~-.-.. Lewis were in the gig lying on their oars. When I got $ Do.Qdars. 1..• d. 0, 10 ,Parla andDrirans.. 24 "1 within about 40 lards of the boat they pulled in shore l ,5_76,-14,,,,ewr.,... 4ll I 10 Awls add 1100.,6 .. 14 16 9 'Park & Strostaatro 7 61d. towed& the beach, and I did so also, and landed about 40 .25 . 7, - ; ;6,7, 14. s 1 ROY 14 and tiara.. 7i yards from the gig, which was then lying close to 9 D 0.104 eh ,k 441•11 Up. 90 Swain owl Mm.. h 3 the water's edge. Powell and Lewis were standing ? ti o ol 4 6 B :Ans "IL lon lei 2.1 purl esso ifestee.. 7 1 fed close by, and immediately afterwards Watts ap- ' ,m a Be.ll al wad Itorders nNU MISCELLANEOUS NEWS.-Casmnomtax.-In con sequence of the Goading of the Clyde Is, the heavy Taira of Sunday peered with a greet poo n oco ut: to be o r of o o f iarg th e Some of the natives had eclothamatibmives, nigh the trate° oc ro the rbe ce co‘ t.d bo m o tan krmo nanws ka y and one had two boxes containing ehronomets re in his hese, tr . 4 ,,,i,„ bee be: coAsieera or bly . and two or three of the others had cutlasses in their posses- tie newly, at Lamininaton and Crawford j ib e high sion, which they gave up directly arm being ordered by melands adjoining lino at these points the dons ot wind and rain so to do. I said to the prisoners " You are my prisovers;" and one of them, I can't say which, said the bag contained cos are oar et b 7 , , , y . . . ,i '' a T t bc : e b . , b y ar e qu the 1 . t b e i 4 water,k b . ° """ m m eke w m a IL . ta l l It , that . b a awayt h e d k Ia s e t. valuable property. and Watts said that the mate's jacket had 3,, r ".„ d, thnui fallen into the hands of the natives, and that there was a ,g„, gb ,.,,,,.g„,.gt,,,,. 1 ,,,,,,,,,, t h e Ti m e ' lL L a im i - - ia - . *rt . & 0 , th . Mall quanta y g ... i rd duet in tied u p afterwards rot Locket chum an alit. Fortunately no iciss ct lim ce limb haa occurrou in hut sot the dart. I tied up the bag sad g ay into amesquente of the mcfnent. The sate pawl es 15.1 part m the rim puts—lisbre the Lord Old Athos and . leselaanry. Ftowsit ditaw eon ellelats...-AlLatian roateane .-Berleeet Elbe and Mr. Z. T. Itidiords fler the *OW 31 (.W miaow*. mad gm Johann for the delesdars. This err as ameba elsesompie ft newer TIM. 101.. the amount of a dove dived »los boss thaws ea the Les ion Ned Weeimisseer Moak is Ploiseire kens W the de bedaub, se *Anson ad therms ed Ohs how . sad Graben Kona Aanal•fill Atholothth deshatliss also »anima eclat earsati, on +Ma se•vikaes" As to tais dingo the ikiratlests girded thst th ey did sot Tasks it—thas was obtaraildlil tread ails that it was given by mirth. I sad --Ilerjesst Pyles BMW, stated the tifr's ors. =kis *teems* oldie ir tended eld F t that se the brdwritiss of the defender. to the shogies wes admitted the plabitiff was mottled es a Wealth Tbdithwilos was thew Fe Id sad rwst It ban dais 18. MA it wee draws amebae to Mr. Plower, " am, atelesinV' beam. and wth nth is in the plaintiff's hand. writisa and thesiensirre by him as secretary. Mr. Whitehouse. br tbe Meuse, stated that Ise Amid have their, es lissesiese a thee as mon wan gesented es a jury. Theserssep et whish the dsfesdeste were digesters was established shoe the sod of 1843. This plaintiff was emperd to seise in retie' it up. He was at that dam is the simpifemeat of a eassent swarthy, rdesiviss a mad Wary. Akm preliminary meetings were held at bis reth ease, and ultimately he was appended teareimy, at 4 salary 01004 per Minim. This wee afterwards ithisolthli 1601., and was regularly paid quarter by rather ma the period of his rutting the envies of the semlifid. moor also roseind two aeries, 'ems he 11111 de , ihe ether be 121, for his prelindary »MO& 18441 Mr. Vestries, dr MOW el the essepaspamulths& Me per sou was ble phis, bat gestioutd to dianisegerildlesd si the arse sass. Is August, 1846, it wee oeseershael le ewer% a fresh messier. Platatiff, by hoer , mthethlllaited soder aria the bliss aprpsiated Ws bead, and isetheoll his realgsedim ter these of its being dam. Tide Poignant& was asseiteela smie* , _sore Anther oarreepthaths. ta width the POW doderd lie eternised hadility ea the ofthroy. ohl bit balsodes he ad up a rival (thee, the defendant Min wads to *MK &dieing all fur th er communiestiss. lad ellkslag Was a gamete , ' salary, which would berths doe be a few days. Plaintiff, however, claimed half • yearlsobey. To this die deb edeste areatidi, and requested gleidire atteadathe at their dies so node the money sal onsethe • release. At this iseerview, which snit place shoed a math ater the Albert dabs of the cheque. the durmast Skew mid. " s y s c mosigthithishoUless'erissyMulisolo olabthese shim Goths misty," %width the pieladffesseseed. missed an instrautest in the ions et a release to to eon. }any. but did sot seal it: It contained. however, a and explicit acknowledgment of his having be es demands on the society up to that time. The dithadeolle heard no more of the plaintiff from that day until this 18th Dec., 1147, when the plaintiff wrote to defendant Shaw, stating that he had found smooest his pares two thews fil the »mossy in his favour, but u they were of eld tap th erd might be a difficulty shout them, and therefor Vat direction should be given to the bank to Cjilbittit without regard to their age. On the 31st December Mr. Shaw replied that the ?order way would he to draw fresh @hopes, and requested that plaintiff would furnish him with the amounts and dates of the cheques he held. To this the plaintiff returned sa seri» sower, saying that he bed given defendants fair warning, and thy must sot be pa:prised at whatever miht ensue. Neither • the date nor amount of the cheq ue declared on were %ruined to defendants until immediately before the coot :muesli:Lent of the anion. The other cheque, it appeared_ , was not in phintirs favour. lie learned coils el proceeded to show the probable Maori of the cheque in question. The course of bonnets at the office was this : • clerk under the direction of the plaintiff filled up the cheque and ruiner /oils ready to be laid before the denten fur their sitnatum. Another clerk entered in the book what sprayed on the couotefdil. This entry was compered with the shirr by the plaidtif. On the day that the cheque in rood= was alleged to have been drawn, no lenthanB3 °theism» dust by the directors. The last of these was authored is the oewarbook 2,600. This was the last but ens so this page. The tee th which should have been the last oa the peso tor altogether ssiesisc, counterfoil sod all. All the charms owl souuterksib dawn to No. 2460 were drawn in the sosr »anon by the clerk. The Best one es the next par, whi . wee alai the lint drawn at the next meeting of the direetook was alma in this disk's handwritiog, tied was numbered 2,5411, treatisg . the mining cheque at the bottom of the last pope as see meting. The cheque sow declared on by plaintiff was oho numbered 2,:k61, and was in plxintiff'sown hendwrit ind. It would appesr,therefore,as though one cheque WO maa bad been inadvertently signed by the directors, which had been taken by plaintiff, and ans. weeds tilled in by him in his own favour.—The Chief Justice interrupted the learned counsel at this part of his statement, and observed that there would surely have bees a resolution of the directors for the papaw ot so large a seat to a secretary. It the chin» was idled in by plaintiff without authority, it woes clear forgery. There wen a man now suffering punishment for the same tbieg. lie got his master's cheque-book, and filled up a cheque which had teen previous , " signed by his muter. Me was convicted, and about these months also the ques tion cams before the Jars, who unanimously held it to be a forgery.—Mr. berjeant Bytes : if he bad no authority to fill up the cheque it is a forgery. I cannot help feeling, after the in:denee which Mr. ‘Vhitehunt has opened, particularly the cheque book and Mere that 1 do not see how I can meet that evidence, and ism directed by the gentleman who instructs me to say that he also desires me to withdraw from the new of this ear. —Mr. White burst so, plied to the noun to have the cheques impounded. Serjeant Dyke thought that utcalled for, since the plaintiff had withdrawn the ease. The Lord Chief Justice said this WWI • most serious !AO, end the cheques must ofertaisly be impounded. All the effect of his impounding them was to enure evidence, aping another day, and the tieing the eon of a servant who lad got poseerion of his prin. dpars cheque, it was one into which public p.stice would per imelaely raglan investigation, it he filled it up sad then claimed it es his own. They mu,t °snidely be inspanda4.— Whitehont wished the plaintiff (who was in court) to be taken icto custoly.—llia lordship thought there was no evidence on which he could mama the plaintiff, Mr. White lur4 having preceeded no farther with his client's cam than the opening. YUTIIDAT. Sittings la Banos Mtn term. BENZTT P. YRS PANLNSULAS AND OSIZSITAL STRAY FATIOAT: - V.' COMPANY. LIABILITY OF Owrelea OF 81ZAM VLSSBLII Al COMMON CASIMIR& This was an salon ou the ease ben& by Captain 13enett, the plaistiff, to recover damages against the defendants for • breach of their duty es common carriers of passengers under the fol lowing circumstances. it appeared that some time back the Moment, belonging to the defendants, wee lying at Beath- Lawton, about to proceed on a voyage to OA ram when the plaintiff pre seated himself as • pmenger, and although there was no want of room the sant of the vessel absolutely refused to receive the plata. tiff as a passenger on board, and a written refusal to that effect was given to the plaintiff. It afterwards trans pired, that the real cease of the refusal was a suspicion that the le:nine/I was going out es • political agent to help to effect a revolution in favour of Don Miguel. He had been residing at Carionbury cottage. at Islington with Don Miguel, and was a person sus pected at the Portuguese embassy, who wee in communica tion with the defendants to invent his embarking. There was madame that the defendants had issued bills station ge nerally that they were carriers of goods end persons from Southampton to Gibraltar, end bad acted as sueh. Upon tut h plod being given the Chief Justice before whom the was tried, ruled there was evidence to go to the jury of • defendants' liability as common careers, and as melt And to carry any passenger or goals that might offer i.e jury found for the plaintiff. A tide Lie foe • sew trial, a :to ground of misd i re ction, and that the verdict wta against eidence was since obtained, and was now folly argue d. only question involved In the discussion was, whether • common law liability of careen applied to places be ' the seas, and to the carriage of passengers I—The in giving judgment, said the gonna raised upon the at the trial was, whether the defendants were cove , earrkrs from Southampton to Gibraltar, as alleged in declaration ; sad the point now was, whether the learned Jge bed done rightly in telling the jury there was evil sum proper for their ensidention in support of such , ation in the declaration. Now persons might be common carriers from a plan within the realm to • plot e without the realm ; and It was se stated in '• Story en Bailments," 5111. But it was objected that the declaration must be understood*, mean carriers within the realm and according to the custom. 'tr that were so the declaration would be bed and the pm from Story allowed it might be understood otherwise so ... mike the declaration good. Then the only remaining rotation was, whether the words common carrion mast be taken to non within and acme:ins to the custom of the realm. There was no good reason why those words shiceel not 'album ether auncrs also. As therefore the i.ron and dr , larstion might be understood in the ens, in wee. h the ',Arm imported, the question left to the jury was a prime r end the verdict in conforesit with the evidencir. Toe for a new trial would be discharged. —pulse diacharged meordingly. COURT OF EXCHIQUIR...-TUZADAT. -whore F. Tenet, CJ., end a Middlesex Special the sharp of my custmemen. I also found a smell trunk containing fist &e. I took the prisoners and the property on board t he emu to the fort of Asnaniabee, and neat day I took them to Cape Coast Castle. when they were examined before a magistrate. I found amongst the other projp three packages of *old dust of 60 ounces sash, ',WAt eats sent to the Lemuel, and whick I had valued at shout 690 t. had my seal upon then, and had not been broken. I produced shoo at Cape Coast Castle the various articles I had found, and tor. Tiekerman, in my presence, and in the presence of the pi tmen, identified them as belonging to them. The three were in a boo, when I sent them, directed to Foster P er a:O4 6, New City Chambers, Bishopergatystreet, Lewin, and marked with lay 'shish, A. 8., on the lid of ita lat. The bon was not loan& and the peckers had taken entire from the bo x. I fastened these packages in a ala boa on the 12th of Asyut, and on Use following day I deihmered them to the Judicial Assessor, Mr. Pitspatriek, at Ceps Coast Castle.—The prisoners were committed for vial. MANTLEBONE.. AMAIILT. C. Mortimer 111'4 with committing an assault on lir.Davis, a surgeon, In Upper oower-street.—Complainant deposed that that morning he ggeKt into an omnibus in Tottenham eourt-road, and gave direeWna to defendant, wbo was the conductor, that be should be set down at Warren-street, Camden-town. On the read he handed to defendant three penny pieces, which was the proper furs, when defendant alleged that he bad paid a halfpenny abor t. Oa arriving at Warren street defendant refused to stop unless paid the half penny which he claimed, upon which complainant, who felt eadided that he was right, pushed the door open as the ve hick was going on, and upon his endeavouring to make bit way down the steps defendant gave him a blow, but not a severe one, upon the head ; he nearly fell in consequence of it, but contrived by laying hold of defendant's coat, to regaln his position on the step, after beindragged along, u he might may, for many yards. When Lin g vehicle was drawn up at the Britannia-arms, he gave the defendant into cue• stun, was after being cautioned as to his oonduct in (Inure, was fined 205., and in default of payment one month's WPth°oltSnialleTP-BTHEET.—Bstrzrot.terca. Haramill announced his receipt of the following contribstions for the benefit of Mrs. Helen Hebert, the distreeeed daughter of the late town-major of Galway, whose unhappy ewe wae noticed en Tuesday last in this paper : "W. K.," IL ; " B. F.," 11. ; "T. P.," Clifton, 11. ; Col. U., a cheque for 2J. ; J. Bowen Hay. • • cheque for 11 . le. ; " T . a," IL ; "W. W. C.," I . • "8. 8. 8.," 10e. ; "J. K.," 11. ; "C. D.," 10s. • " . 11. W. It ," 101. ; "W. W. C.," in stamps:se.; " A Half-pay Oiliest," 10s. "A. C.," ' post age stamps . a shilling's worth of postage st a mp , described as " The Kite of a Poor Labourer repelled by the Preach," who expensed a wish for an formaacowledgment, to incluse others to spare what thei could suffering lady. The I magistrate has also received • cheque for 101 . for the lands of the poor-box, the humane donation annually transmitted from Casein Dixon, Esq., of Stansteapark, Essex, and also a sovereign from •• T. B." for the same benevolent object. THE OUTREOE Ire SPEELLTIIILDB. -0 . Moran, W. AMU, J. Dowries, and J. Barnes were re-examined charged with a criminal amide and robbery upon Ann Coxfield.—Sergeant Kelly reported to the ratignteste that the injured woman was not able to attend, having been constantly confined to her bed since the last examination from the effects of the treatment to which she had been subjected, and had been attacked with a succession of fainting fits of such a debili tenon character that some doubts were entertained of her ultimate recovery, and she would be unable, under any cirewnstances, to appear in court for a considerable period in support of the pecenution.—Mr. Hannan directed the officer to attentively watch the came and take care that the poor woman was provided with proper medical attendance and every necessary that her unfortunate condition so impera tively required.—The prisoners ware then again remanded for a week. SOLITHWARK.—ALLEGED ATTEMPT TO IILOILDER..... O BoirchtcA was charged with attempting to murder his muter, G. Thorn. The complainant, whose arm was in a sling, owing to a dangerous wound, inflicted with a knife, between the forefinger and thumb of the right band, stated that for some time past he has had reason to be dissatisfied with the prisoner's conduct, pro ceeding from his neglect of business, and arising from his improper intimacy with a female servant in the house. He had been remonstrated with on the subject, and in order to keep him away from the kitchen, the door was locked, so as to prevent his having egress or ingress to that part of the premises. About two o'clock that day, complainant went into the bakehouse, where the prisoner was engaged, and the moment he entered the place the latter seizid up a lone and sharp knife, and advancing with it towards his employer, swore be would do for him. The com plainant retreated some steps on teeing the weapon and was followed by his assailant, who made two or three attempts to strike him with it, when the former, fearing that he would murder him, made a sudden rush, in order to seize the knife out of his grasp. He succeeded in laying hold of the blade of the knife and a struggle took place, during which he made the mo st vigorous efforts to disarm his antagonist, who, however, stal retained possession of the handle of the knife, while the blade remained in that of the complainant. His wife hastened to his assistance, but she, In her attempt to tale the weapon, was cut in the hand. Finding that the prisoner continued to strive hard to get the knife into his own hands, the complainant's wife hastened to obtain eminence, and a policeman at length being in formed of the eircumstence, entered the bakehouse, and an ended in getting possession of the knife. The complainant added that the struggle between hisn aLd the prisoner lasted nearly three.quarters of an hour, and that to save his own life he held the blade of the knite, which inflicted the wound between his forefinger and thumb, and, as a medical certificate described, was of a dangerous nature, and within almost a hair's-breadth of dividing the artery. A policeman said that when he entered the bake taus." he f and the parties struggling with one another, each I having hold of the knife, which he (the policeman) took pos session of; and the complainant then described to him what had previously occurred, end he therefore arrested the pri sontr. The prisoner, in defence, said that his employer flew into a great passion with him while he was scraping dough off his trousers with the knife, and tried to get pos session of it from him, and that in the struggle he had his hand cut. lle (the pri‘oner), however, denied using the threats against his life, and now regretted what took place on the occasion.—Mr. Cottingham remanded him until Tuesday. --. Um alfesowel stoned owned abet* after the embimluaent hot bees sepped, ma pis do ahem Is milleneet hate to stop the train 041111 we-y. Al met se Ole leleiligese of the acetifies reachel Idle. bush. Iff. Coliillejeeseelef W Or leeenty, arid made yesamt re., reallanatvit 5 3 0 Alma the —. A teat ~or at sertelia warslabooreoe eieeopiestrai, oil &o ft the Mote of WNW owe/ is =of mai Omer Is the merlons. me bid= w. .guise to am es reel ea Turn* night or Webs*, masts& ca./anon TO TRW IVOIIIII OP FRANC! —The nport of the &seem proesiot at the irmeral ramtles et this company, aid Woad at it•lfia, Mild Allit to Vow at the peceprep. whka the ftiwer ese rr, k was highly desirable to obtsla a jam efialkieeir iv Mr Via= to enable the company to hoopair or= wiles as gowernment, to am the a SI OVUM money, and for the em.. playmates( the yeah of thorliiklet, the term for the cutaple. ties Of the =BM Ilies eileaded over an extra two year% WI& the bilanaseedied i.ea la eriatampladon, the financial pod. Ike of Ole will be es Mew :—On seet.4 last, tre mammy bed, Is eels seeeettist Tuft eesvertibie, NOM!. (10, %XI. sad to whisk the arm* of ler, 11011,0001. (32,0001.), will put themr modeel a essa of ye1e,7114, or 42,3191. This would enable thin le es the agate eettetty, especially on the somas from 1.~ to Illaretilima to ~rod the nine bridges over the rev 11.1.1". by east Berg ' t ef= thit1,711,7 T'' aoo . between with often oloatniallog Mg orostreatml, would complete the gene ' ral route of it &Fay trees rids te °elope, sad the whole of Germany cos Creil, Ht. Quest's. Iforebeep. Num, and Liege, and ther e would r be 300,000 case of Womb ken the working of the mine; du Centre i alose. MONEY MARKET. WiDNEDDLY EVENING, The funds have undergone some changes to-day. Console have been up to 881 • they asked 87/ to The differences between the higher and lower price, are to be accounted for chiefly by the jobbers, who had bought at lower prices, realising their profits; partly also by the Bank broker coining in as a seller to the ex ent, as said and generally believed, of 150,0001. This decline in Console gave rise, of course, to many reports. Bat the simple facts appear to be these. In the first place the former " bears" • became buyers to cover their present and provide foe the next account. Secondly, the Bank brokir came in to sell, thus defeating their calculations, and what was worse required bank-notes for his sales. It was re that the Chancery broker was a seller as well, • rat in result he was found to have been a buyer. After all, it may be permitted to doubt whether the Bank broker, who acts for various individuals and corpora. tions as well as independently,did announce in any case that he was selling stock on account of the Treasury. It was difficult to come at any precise information on the point; but we are inclined to believe, on fair au thority, that he gave no intimation at all, such u imputed. The effect upon the market of these money sale., and of the sales of jobbers who had speculated for the rise as well, was somewhat striking, as ma y be seen by the decline of prices be fore noted. The " put " system of operations has nevertheless been continued to-day, and the French party, already so deep in them, have gone dope still. Reduced Threes left off so to 1. Three-and-a- Quarter per Cents., 86/ to ;. Long Annuities, 8 9-16 to I. Exchequer Bills, 41s. to 41s. pm. India Bonds, 37e. to 40s. pm. In the foreign market some few scattered bargains only took place. Chilian Bonds were bought at 841, quoted 83 to 5, bat inquired for. Brazilian, without business done, were 73 to 5. Mexican, 211 to I. Peruvian, 36 to 8, with a rather strong market. Ecuador, 21 to 4. Spanish Fives, 111 to 12; the Threes, 241 to 5 ; Passive, 3 to 1 ; Portuguese, 24 to 5. Dutch Two-and-a-Half per Cents. were better at 47/ to 81; the Fours, 721 to 31. Belgian, 71 to 2. Rot sian ' 100 to 2. A morning paper which has long been behind the age in information, has reproduced to-day an old report of the Bank of England reducing its rates of discount : as nobody can know be forehand the results of the deliberations of the all• important body called the Bank parlour, we shall not presume to say what they will, or will not, do in the case. But as a matter of opinion in first banking and money quarters, it may be said that ro such in tention exists. The Bank rate will, it is said, remain the same as before. =GLIM /CND& Rank Mock. 100 Long Anne. 30 rcars,esp. tat hut. 3 pot Ce Red. Alum, eel j . 3 3 C t i 1w,"T:G71, 6 Roth t on Annultica . :B4r 4 38 Do. X.5.J.74 L S oa, nn,. cap. Mb Jao , 1800, Juno 41 3 , 3 ...1 A 6 Ditto. danso.2ol., 44; D0..30 Years, sap. 10th Oct., 1830,' June. 41 SS 8 546 101tEION IIINDS. _ ei per Ct. Milan Bonds, 841 Li per Ct. Brooder Dna.. per Ct. Mestcsn, 1846, fit 6 per Ct. Perurtan Born. 36 5 per Iv 2 Cr Russian Bonds. 1822, L. 4tr o 7t 2 . De Man Ws., Cl tn. 24 per et. Dutch Entail" 1 0u11,.4872 4 per Ct. Dtvolt Certif., 74 PUBLIC SALES.-YESTERDAT. By Hr. HAMMOND, at the Mart.—Copihnld residence, Turnhamirreen, with pleasure-grounds, Ste., let on lease at Oil. 104. per annum, subyeet to Is. Id. quit-rent, and,ls. ld. fine; lizoirei is eluded in purchase; mold for 1,21 u/. Freehold haat and shop, 70, Bnowhill, with two warehouses la the rear, let at rents amounthig to 54/. per annum; 641. Messrs. Faitenaot HER and Co., at Garrawat's.—Freehold 4 estate,called Colin ood-houre estate, Ilmiles from - Alowlek, North. timberland, nom sire mansion.bouse ;to bad repair), am: farm. booms and ' and 1,938 a. Or. 34p. of amble, ram, and scud. land; land•tax eemed, and chiefly tithe-bee; at.mated annual rental, 3,35314 sold for 80,000/. Freehold rent-charge in lieu of tithes of 2611.15. 41 par annum, secured up In estates of the Duke of Northumberland :rid others in ' Alnwick ; 6,4001. Freehold cheep-walk on Chirriot.hlll, Northumberland, comprising shepherd's home sad cottage, and 1,300 acres of land; 3,200/. Newt presentation to the vicarage of Old Cleeve, Somersetehircesti. mated yearly value of tithes, &a., after payments of uutpings, 3031. present hamunbset Si years dace; 4,45 W. Mr. W. C. KNIGHT, at Garraway'a.—Leasehold house, 2, New Kent.road. eatimated annual value, 60 gidnea.s, held for 29} years at 201. ; 2401. COMMERCIAL AND MARKETS. PRODUCE. EIINCIMI•LANE, DEC. 6. The sugar market remains very dull ; 315 hhdP. West India only sold t 0 442 iE the private contract market, and but half of the small public sale 02 Mauritius found buyers; refined dull; grocery lumps,,47p. to 49a, fair to wry good.—llke : The price of Loudon dressed Carolina is resluoed to 23.. to 27.. KM and second qualitiek—Ooffee : Tho pahfia pales of Mocha and Plantation Ceylon went off with more spirit than some time past, the former at fully 2 0. advanee.—TaEow dude 44.. W.—Metals: lrm, Scotch ply, Glacgow, 415.; seredi,h, demand limited, Mock small; nwedich steel. steady in price, but the Errand very limited; Copper in fair demand, chipped to Indio during the last month 170 tons; Tin, English, common, ii fair demand, tuba emcee; Banco tin quoted at Ns., for exporzati.m only 755.; Tin plates scarce ; the phlpmenta to America bare been comblerable; Lead, Enalich, in limlteddeound ; Spanish cold at It/. 10s. to 15/.35. duty paid ; Sieber nominal at 141. 15c., stock on hand 2,550 teeth spring delivery 141. 15a. to 151.—Jute sold at 151. to 171. 101.—Itallsa hemp cold at 421. to 451. —Egyptian flax bought In at 20/. to 3 , 4. Cowrie. sold at 30.. to fill_- - .Para India tubber bought in at 7d. to kJ—Ceylon ebony bought in at 71. IL—Havanna Wood boadit la at 4/. COTTON.—LnsrpooL, DEC. 6.—The 'Bakst today vas ltrm, and the salts were about 6,000 bales, Including I,ovo takes 811IPP IN° INTELLIGENCE.- 111 Ana. •11. Iri/01111. DLL AII I.OL'AILL DUI. t: Dublin ...... 0,0 Honest .... u 0 ladle r. Swath- , B M e d e a and 0 Walerford .. 011 Irleauless .... 0 au.eter..Pee 18, Bann..Dec. 22 1 Dotagbadee. 02 frame . . 00 Do. Massailhe 00 W Inheres. IS 0 asermlbJem 111 Llabon..Denl6o Drown and Hal Brag ..Dce.JA 1 Tlamburg.... 00 itydia 11.8. W. II lifax...Denl3 a 11AVCOILKIN Doe. G.—Arrived: Fiudde, Bachelor, Quebec; Biased ' Brown, Berbiee ; Vidal', Princess Royal, Hamburg ; Guides Swing, Bombay ; Columbi , Havre; Sir Edw. 'Links, Gained; Geo. Bobineon, Nairfotuadhad.—Eard : Lion, Barbaro ; Pa. severance., Leer ; Arab, hitikuritills; Tritoll, (Mend: Ocean, Ramona. Rotterdam; Wilberforce, Limburg ; FrehTrader, Bayonne; Waller Lady Ann, et. Michael's. BIRTHS. AN DERSPN.—Dec. 3, at flittheacE Mn T. Anderson. of twin sons. ARCUER.—Dee. 3, at Tunbridgewalls, Gm wife of C. Ar&w, hob. a son. BUCK LET.—Deo. 4, at Dover, the wife of 8.0. MEWL R. Anion street, Hyde wk, of a daughter. Dl.lol:llE—Dee. at Aberdeen. Idea W. Boßokl. of a ma, strnhorti. FEN PALL.—Dec. 4. at Dorrevatraet, M Toe , .Handa. of daughter. GRAIIAIL—Dee. 4, at Douro-place, lica4ngt Um ego of J. W. W.V. Graham, Mow of • son. MERV EY.—Doe. 2, at Ickworth, Lady A. Tierney. of a damtEtcr. JACRSON.—Dee. 4. at Lownih.street. the wit° of Capt. H. Jackson. of Yanntogatown. Lilo...vice, of a &nailer. NOAP.—Pac. 3, at Iternebill. Mra P. I. Noal. of &daughter. PURDON.—De^. 3, at Slopertnn. ILloaston. Ireland. the wire of W. IL Portion. C. N . of a eon. BAN DEUBON.—Doo. 1, at Northinnberbad. tho Wife of R. D. SUP &moo. Pia.. Eal., of a duo .I.ta. MA RRIAOE& CRFWDSON--RG DDOCIE.—Dec. 4. at SposhalL Suffolk, by the REV. C. Craven. H.A., Teller. T. Creed:ion, Esq ,of Fluchio . Loa • deo. to Ciati.es anditima, tland. smiting daugisto: of C. Budded. Eao tato of Manchester• cliOtkrrr—surals.—Dee. 1. at Edinumb. tho Roc•ftLandairig Mr. J. Crochet. blued. 704111gest dauLliter of tho late D. Esq. KirklnUlloch. DOH V ILLE—ORDFL—Dee. 6. at Winsti Church. by the father o t the bride, l&Mt. Granata DorroilDc, de , von or en *Phase Domaine. Dart., al J r hand Lodge Es.,tbouroo, ru.oex, Da 1 Anne, >omen of the 800. J ohn Oren rector of Wituttio. Haat& Gtt.ENWOOD—WATTS.—Dee. 3. at Pt. Nara's. Tirklmbead. talk. Roy. A. Knox. incumbent, Mr. R. Greuarruod, Tuauurdea. at, to 10n. [era of Mr. R. Watts. of DlA.:oh:sot MOH o f NINUO.—Doe. Ltzt l :t.. John's. Wild.... nem7 rtid 4 son of the late J. Hon" of Edgtonoo, mar itrinngbani. to Laura. youngest daughter al the UT. Jetax434 Lit ind.or. MILLED-13UTLER.—Dee. 6, at Witham. tr.scs, WES. I. Vugl•nJ. of 33111.11111, the Rev. J. A. PUN.. of New.c , nir.. CO•Pe L100'411040h., 10 rather. Pungent clatiabt , r of T. litalur, 004., DEATHS. BROWELL.—Dee. 6. at the watt age. Muswattil, Ellen EUrabath wife of the &se. J. Reowell, a., CHELT KAN.—Deo. 3, Anna Doan, wife of the Rev. W. Cheatham. a beidlatord. Derbysture. aced 211. et/DKR/OE—Doc. 4. at Long Ditton, Georgian Labctia. wife of 0 Corkrn, 6, t at Ciareinont tame, Pcntoutille. Ma I', Wife of Mr. Hillk t.. o4lSl.Dec. 6, at Uydo park.square, Caroline TtYllard. ' lOO4 .1. B. Ilyndman. Est. M'LELLAN.—Pec. ; at Cow Broughton. Igsaenejsr, Mr. Lettan, nand ST. 1108 E.—Den 4, at Charicastrect, Brampton. Sarah, relict of T. Roes Esq., of Lincoln's inn, agod 90. RUTMELL.—Dce. 2, at Wat.rgate.row. Capt. J. A. W. T. 110,eiLe4 2- o'f rel . of pensioners for the Maur &strict, and 1.,t0 of tiluand Illghlan dere. aged 43 W AnK.—Doc. 3. at Glantow, ME J. Wart, late of Pablo. age 4 60 ; " W AILRINED..—Dee. I, at goots Cray, Kant, Elizabeth. ate al }.l. Rev. 11. Warrlaa, rector of Foot's Ow. WIIITLEY.—Dtc. 3, at LivarpooL Eleth, atwitter of Whit hal. se_ Printed. - sod putildad D) IV mums IL 1110 01 ta. dirGozwi.ttl anat. lEk the eV Oi Landoe. ?Oster. as the °thee. 41 1s la t t4 prods% al Illtiadrgisejragass•T. DaOsiUt tha M 7 at t - Vi ava son 4a. Pa I bias et II et t