The Express. — London, England, 1851-03-07 00:00:00

SOUTH ANIERICA.-BRAZILS. 1.1 VERPOOL, MARCH 6. The Seraphim!, Capt. Gething, has arrived at this port from Pernamloteo, with dates of the 29th of January. Ilahia of the 2:Irl, and Rio Janeiro of the 15th. - From all these ports the advices extend over many days later than have previously reached England. Two Brazilian war steamers, the Affonso and Recipe, had arrived that clay from Rio and another was hourly expected. The object of their appear ance was supposed to he in some way connected with the English steamer Cormorant's proceedings. The baripte Eliza Johnson was lost off the Bar of Araeati, on the lath of January. The Petrel packet sailtil on the 12th January, consequently she i- now overdue at Falmouth. At Rio the state of health generally was good; there was a re port of fever at 70 miles distance, hut no symptoms at that port when the Seraphim sailed. At Bahia a misunderstanding hail sprung up be tween the authorities at that port and the English authorities. A private letter, dated Pernambuco, Jan. 29, says : u The Brazilian authorities at Bahia had a dispute with the English. who denistmlisl the extradition of three Portugese vessels charged with having carried on the slave trade. Upon meeting witha refusal on the part of the President at Ilidtia, the English squadron stationed at Itio set sail fur that port. The English subjects arc said to have taken refuge on board the war steamer Cormorant, stationed at Bahia." From RioJanciro we have had two private letters. They inform us t hat the I trazilian schooner lonia,which sailed on the 10th for Wilda, was visited without the Bar by a boat front her Majesty's ship Southampton, and afterwards proretaled. rt was reported that Admiral Reynolds had sent orders to three vessels of his squadron cruising off Rio to proceed to Bahia. The Brazilian war steamer Recipe, sailed on the 10th for Bahia. 1 he greater plot of the English naval force at Rio is supposed to be near the former port. A Rio letter of the 14th says :—" The flag ship Southampton sails from this to-morrow morning for Bahia to put n stop to the slave trade. It was said that the admiral had ordered all the officers corn !molding her Nlajesty's ships to capture the slaves, although they should he under the guns of the Bra-1 allies fortx. - Another letter from the same place, of anterior date, says that Nlr. Iluda,n amlthe Brazilian foreign minister hail had an interview on the 11th on mat ters relating to the slavery question, after which the Southampton haul 1111.111 ordered to proceed as re ported above. t - oMMEItrIAL. The elport trade 11411 olive, and produce was freely livet 0411 arriy el from the interior. arrival. of winir were large, and the demand way brisk for all rriliti, of Muwwwiilii and superior whites, of which drwription them way little stock on .ale. Consider able shipment. wen. Icing made of sugar for the Mediter ranean, Channel, Sweden, and Brazilian ports ; and during the monis, fen day- after the date of uur &driers it was caleulated that ill...tardy of 3,tMsl tons of sugar would leave Pernandowo for various quarter.; altogether exceeding these of a correponiling period of last crop by 1,854 tons. In Cotton, thell were .leads ; 446 bags had been re- MORA ia the wiy•k prey imo to the departure of the Sera phim., making a total of 21,912 begs diner l,t of July last. The shipment. t.. &prelim ports, in 2 months and 25 dart, a the resent rnp, exeiril the last by 1,855 tons. The 12,807 Maw gone duo Yeamn bare been taken by 23 1 Cbilian, ri American. 9 Puetugnme, 5 Sardinian, 3 Danish, 6 French, 2 Swedish, 1 Peruvian, 2 Spanish, 1 Austrian, 1 Lahmii, and 1 Bretons —in all 02 foreign vessels. The principal differrneys have been to TOOL Channel, where the rare,* this swami liu boss Liverp00l Valporaiso Ilemsra Ayres Bl3 United State. 961 Trials 393 1f ew6 258 5,701 Gesaa, wilerr tM iletirii.nry hag been Vraire 293 Gibraltar 229 Among the imports yaw a saw of gunpowder from Hamburg; there 11.1.1 hero an recrat arrivals of Hour, and the Stork in the bawls of imp often and speculators was re duced to about 12,01 M burred., retailing at 12 to 1. reals. There had an-heti. about a fortnight lwfore, 800 barrels from Marseille.. whit h immediately sold at improving rates, but nut • single litnign antis al of any other description of merchandise sine.. the .I#lt. :40111C pretty of coals had been lately disposed of at 74 to 8 re4l4. Saks of Irish butter were being • o dieted at Issi to 3111 real, p.p. About 510 &ma of deals from tstuckliohn had all Inien suld *tit I real.. Of iron, 1,756 bars from the mime port had been sold at 11.400 real.. A rowel of steel from Trieste had brought 20 Miwie, and a subsequeut lot from IN to 19 reels. The following/ dates and advice, were made up to the Iran of the vessel's departure :, Lo J• 11111110. Jos. 15. —Esehange, 10I& to 30ld ; Wise, rood Ant, 3,:8e1 rls. to 3,340 rio.; freights, 5.15. to ala.; Soar, 13 to 16 Ai, DANIA, Jam. - Exchange. 30 d. ; sugar, 1.700 to 2.100 rim.; Ihvighb. to the totted Kingdom, ri:no. to 00s. PORNAMIICCU, JAN. - Kteliange on Loudon, 60 days' eight, 30d. TuE COURT or CllANCEßT.—Yesterday Lard Langdale'. hill, si bids Ins pet.. 4 the Lords, MIS printed by order of the HOLM! of Commons, to appoint a new Vice- Chancellor in tin. room of Sir James Wigram. The bill states that it is eapeolient," on a count of the business of the court, that the appointment should he made. There can he little doubt of its % pelli.ncy, seeing the stream in the court. The salary will be 5,11001. a year. UNI:SVALLIi Huai Yesterday morning. till Ave n'eloo , k, the river flowed to an unusual height, and overflowed it. limile at many pints. Bishop's-walk, Palace-yard, and Form-trill. Lambeth, were placed under water. The latter to the d loth of more than a foot, and the cellars in the locality were tilled. The low land,. at Battersea were coverall whit water; an also was the neigh bourhuod of Bankside. FATAL lttrttt AMIDENTS.—"', , today three acci dent., each utteudisl with loss of life, occurred in the Thames. Mr. Grit,,, mate of the brig Jane, lying of the Tower, fell ooverhosonh allot was carried down by the tide. and drowned 'behove ami.tance Clllllll he rendered. Mr. Maunder, of liensol..treo t, po•ridied in Illackwall Reach by the °Noising of a wiling-bout ; and a youth playing on the loge near Mdlhank, slipped through and wan drowned. FARIS)! EXTRAVAG.INCE.—Lard night, at a meeting of the vestry of St. LVollaftl'a, SlloTellitell, it was resolved to disallow henceforth the sums hitherto charged to the parish account for refreshments consumed by its officers. It was stated that thole amounted to as much as 4001. a year. Ftar AT I tErTruaro.—Yeaterday morning a fire broke out on the premises of Mr. Haggett. of the King's Head Tavern, which, in spite of the exertions of the fire men, who were seam on the spot, consumed the whole of the building, with the exception of the club-house, and destroyed a neighbouring house. The cause of the disaster is aa yet unkuova u. MANCIISSTEIt, BUN'IoN. MATLuCK, AND MIDLAND SAILWAY.—YeAeIIiay the half-yearly meeting of thin Com pany was held at the Derby station; the Hon. 0. H. Cavendish, M.l'., iu the chair. The report stated that theha lance at the credit of the revenue uecount was 2,042/. 17s. 9d., and recommended a di, blend of Ga. per share, which was declared, and the meeting separated. MAIATINHIT AND CAIILDILE RAILWAY.—ThO half rowly raffia meeting of the shareholders in this company IMO bold as Wednentae, :Ith inst., at the Senhouse Arm, Hotel, Maryport. Mr:Dykes in the chair. The report of the executive committee of directors stated that the capital sad revenue aecount• to 31st Deeemher, 1350„ have under tone a close and attentiie examination from the auditors, bet in comicomence of the line having been in the bands of Mr. !Judson in the year 1519, no comparison of the two half-years' reetiots awl expenditure ran be instituted. The gram traffic of the half year just ended is, for receipts, 17,9901. Is. lot.. and expenditure, 15,2901. 71. fkl. The rosin] result is that a balance to credit of 2,7091. 13s. sd. is at the shareholders' dioopomal. The balance due from Mr. Hudson having been ascertained and agreed to has been paid. The committee recommend that a dividend of I:is. par share, being at the rate of 3/. per cent. per annum, be t e t ;pc report having been adopted, and the dividend reconunonded, the proceedings terminated. AIUI:DICATIONs IN BANIiRtIPICY.—Lord Brougham hr jail obtained a return which has been printed by order • Mom of Lord., relating to the number of as(judica- Sam in bankruptcy. There has been a considerable de- SlOner in the buss rm since the operation of the Bankrupt Comolidatisia Art. In the court in London the decrease in the year twang January 11 was 146 compared with the pre soak' year. In 1817 the number of adjudications in LOll - WY 660; in 1818. 83'2. in 1849, 770, in 1850, 368; and Ia the year smiling January 11, 422. In the country dis tricts, so appears from the same return, the ailjadiestions in tam lame year hate greatly decreased. It brogan& by Lamed Brougham'. County Courts Bill to to ain& 11kabnalt • rayon', beanies. in the country to the county I. VW* sauna will have then to deal with debts and elsoMplla with two nrsteins of insolvency, and with metes la bet& Papacy. There should be pea a right of appeal ha OM SF vrislliessebts of the law. SPANISH it stiet--The Gatelhead Observer his devoted a column to the ease of Margaret Hunter, a native of Neweastle-on-Tyne, from which it appears that she wan shot in the leg by the Spanish troops in Madrid, on the seining of the in.urreetionary movement in March, whilst paring peaceably home, and had to suffer amputation of • the foot. Since then she applied to the Spanish govern ment for amistance, but it seems they declined to t her • prance, as it would be establishing a p ent to do so. The Queen of Spain, pitying V ev lamentable situation of the unfortunate woman, has beta pleased to grant her, as an " act of charity," the mount abet doctor's bill. COr Court. The Queen held a Levee (the second this season) yesterday afternoon, in St. James's Palace. Her Majesty sad Prince Albert arrived from Buckingham Palace at two o'clock, escorted by a party of Life Guards, and were re- I ceived by the great officers of state. Before the levee the Queen gave audience to Lord John Russell. Her Majesty and Prince Albert entered the Throne Room, attended by the Duchess of Norfolk end the Viscountess Canning, Ladie► in Waiting, the Lord Steward, the Lord Chamberlain, the Master of the Horse, the Groom of the Stole to the Prince, the Earl of Morley, Lord in Waiting, Lord George Lennox, Lord in Waiting to the Prince, the Comptroller of the Household, Lieut.- Colonel Hun. C. B. Phipps, Keeper of Her Majesty's Privy Purse, Colonel Hon. Charles Grey, Private Secretary to Prince Albert, Lieut.-Colonel A. Nelson Hood, Groom in Waiting, Liette-Culonel Francis Seymour, Groom in Wait ing to the Prince, Lord Alfred Paget (Clerk Marshal), Equerry in Waiting, Lieut.-Colonel Hon. Alexander Gor don, Equerry in Waiting to the Prince, and Messrs. Gordon and Forbes, Pages of Honour in Waiting. DEPUTATION OF PROTECTIONISTS. A party of the actin; committee of the " National Association for Protection of British Industry and Capital," and of the delegates from the provinces who have been attending the meetings at the South Sea House in the course of the present week, were on Wednesday admitted to an interview with Lord Stanley, and communicated to him certain resolu tions in favour of their views. Lord Stanley, after acknowledging the complimentary terms in which the resolution adverted to his services, ex pressed the hope that neither himself nor thine with whom he acted would again he subjected to the misrepresentation to which they had been exporied ; namely, that they had abandoned the principle of protection. It was a wise policy, he thought, so far as the House of Commons was concerned, to rest the case of the chief interest which was sutfering— the agricultural interest—upon the inequality of burdens to which it was subjected, and upon the tact that that inequality was so great that the attempt to produce pert et equality would effect such an alteration in our whole finan cial system that no equalisation could ever he achieved that world give adequate and just protection; and that if an' equalisation did take place, the result would he either that other interests would be called on to bear burden+ which were oppressive, or, if the whole were thrown upon the general revenue of the country, that such a deficiency would be created therein as would have necessarily to be supplied by the imposition of other taxes. In the course of his ad dress, the 'vitae lord also noticed some remarks which had fallen from Mr. Young, with regard to his having been represented to say that he was favourable to the adoption of moderate import duties, with a view to revenue, but not to price. If he had ever said this, he should have be is uttering a paradox. He was quite aware that every duty! that was imposed raised the price of the article taxed; but he was also well aware that no duty which might! be imposed would raise the price to the full amount ! of that duty. What he had stated was, that no duty which could he impaecil would raise the existing price of ! agricultural produce to the point which those who repealed the corn laws declared would he remunerative. lie con templated the imposition of a moderate duty on the import of foreign corn and provisions, partly for the purpose of giv ing a slight—certainly a slight—but, nevertheless, a certain amount of protection to the British agriculturist, and also by furnishing a certain amount of revenue, enabling par liament to take off those taxes which premed most heavily upon him. It wax with a double object, therefore, that ate wax in favour of a moderate rate of duty—first, as a slight protection on the one hand ; and next, as a slight relief from the burden of taxation ou the other. One expression of his, the noble lord subsequently remarked, which had been very much commented on, was that he had stated that he was not prepared to reverse the policy of Sir Robert Peel. He well knew that great and sudden changes were the most fraught with danger, and that nothing could be done effectually or safely in a country like England which was not calmly and deliberately done, upon full consideration and even after experience. Two most formidable measures had of late years been enacted. One had already effected great evil—but he feared not to the full extent that would yet be developed; the other was the re peal of the navigation laws, which was perhaps even more important, for ohs ems reasons. What he had stated was, , that he did not propose a reversal of Sir Robert Peel's policy, but a modification of that policy in those caw s in which it should have been found to work injuriously. The evil effects of that policy, he thou went on to observe, had been proved with regard to the interest which was mainly ' suffenng—the agricultural interest; and he thought that it was now time and necessary to deal promptly and gene rously with that interest. The noble lord further expressed his opinion that the principle of protection by moderate im port duties against competition upon unequal terms with the foreigner, wax equally applicable to our colonial inte rests. Proud as he was to possess their confidence, he must, however, aik, their forbearance with regard to making any definite declaration as to how far he might be prepared to go should the responsibilities of office hereafter devolve on him, remembering that, es to what he might or could do. it was very much in their own hands to determine. On the conclusion of their interview with Lord Stanley, the gentlemen constituting the deputation proceeded to NIT. Disraeli's residence, fur the purpose of communicating to that hon. gentleman also the re solutions of the National Association and the dele gates from the provinces. Mr. Disraeli, in reply, said he was of opinion that land was subjected to undue taxation; but he himself had never been of opinion that relieving it frees that undue tavation would necessarily afford to it all the relief which was requisite. lie had never viewed the ease in that light; and the way in which he had siewid it was that which he would now briefly, but he hoped clearly, convey to them. As long 11.• the old sys tem which regulates ) the importation of foreign agricul tural produce existed, he thought that on the whole it had worked beneficially fur the o nmunity, and for the class which it was devised to protect. Ile was ten years in parliament before it was attacked; and he did not think he was ever absent, or that his vote was ever wanting, on any occasion ou which the interests of the agricultural holy were assailed. But when that system was RbrOgated in 1846, and the general system of protection, by the repeal of the naviga tion laws two or three years afterwards, was entirely put an end t a he took a very different slew of the course which ought to be pursued. It appeared to him, then, that nothing could be more unwise—he was sure, as far as the House of Commons was concerned, that nothing was more calcu lated to be unsuccessful than, when a system had been com pletely abrogated, that incl particular class should come for ward, and as a remedy for its distress ask for a reminisce to the old laws. Ile knew and felt that the difficulties which any one would labour under who attempted such a course in the House of Commons would be quite insuper able. It appeared, too, that that course was founded on a fallacy—on the assumption that laws which established a' countervailing or fluctuating duty, or whatever other form the protective principle might take—that those laws were ',assert for the advantage of the particular interest to which they were applied ; w heroes he had always held that all these arrangements were arrangements for the advantage of the community ; that, weighing all the circumstances of the ease, the community, represented in parliament, had come to the conclusion that that was an arrangement which, on the whole, was most advantageous to the community ; and therefore he had never considered that after the abrogation of the protective system it was the interest or the duty of the agricultural body to come forward and ask fur any specific remedies for their relief. On the contrary, he thought that it was their interest and their duty to make the country un derstand and acknowledge that there existed in England a financial system which was invented in the days of protec tion, and which, in consequence of that, had laid the burden of taxation mainly upon the agricultural interest ; and that all that remained to the agricultural interest, all that was necessary for them as far as duty was concerned, and in his opinion also, as far as their particular advantage was con eerned was, that they should prove to the country that this was • burden which could not be borne, and that the means by which that burden was to be borne were to be devised by the community, not by the agricultural interest. If the, community were of opinion that a countervailing duty was , the best arrangement, or that a fluctuating scale was the best arrangement, let them come forward and propose it, if that were the only way in which they could deal with the just demands of the land. He would illustrate' that position by referring to a circumstance with which they were all ac quainted. If he could prove that the malt tax was an unjust burden, and that, under the present system of local taSlidM, a very unjust burden, to a great amount, was also pressing upon the land—if it could be shown that upon a moderate calculation they had a right to be relieved to the amount of ten or twelve millions sterling—if they could establish that ease, they might depend upon it that they would be i advancing to the attainment of the protection they required is a much more advantageous manner than by going for- ! ward and specifically saving what they wished. In the ono inatance they would be held up to the community as a body whose sufferings demanded privilege and favour. In the ether they would go and require only that which was their jest right, and which the community themselves would then suggest to them. That was his view of their position. He haul not pretended, in bringing forward his motions in the House of Commons, to make the public fully comm. bend the unjust burden of taxation which rested on the warners and occupiers of the soil, and that he really was ask. hi parliament to take these burdens off. He had hardly .sleeked lie intentions upon that subject. But he said , e yeawl do nothing to mitigate the suffering, rest assured Ira yea will be obliged to take thia other course ;" and when that should be pressed upon them in the manner in which public opinion, when enlightened and convinced of the truth of the position he took, could alone impress it upon them, it would be found that parliament would arrive sud denly at this conclusion—that it would be better, and mare he the advantage of the community, that this waist should be terminated, and that they should come le ea equitable adjustment. What form that adjustment should fate it was quite premature, and indeed unnecessary, kw the agricultural interest at present to consider. Tke system of protection was now abrogated, while they were hit with the burden which protection alone could vit t and their point was to p r that that burden MN unjust and intolerable. The moment that they had ga enlightened public opinion on their side in favour of the troth of that position, they might depend upon it Ant they would have no difficulty in obtaining as fair a Settlement of the question as any reasonable man could desire. He would take two instances of what be eon eiders,' was the principal weight of this burden on the land ; and of what had been the effect upon public opinion, by following the line which he had humbly pursued in that respect. He would take these two cases—the case of the malt tax and the cue of the local taxation. Now, the case of the malt tax, since the repeal of the corn laws, was in very different position to that which it was in previously. Previous to the repeal of the corn laws, whenever agricul ture was distressed, many persons looked to the repeal of the malt tax as a relief for that distress; and in those days no atesman of great eminence ever spoke on that subject who did not admit that the moment the repeal of the corn laws took place the repeal of the malt tax was inevitable. If that were the truth then, let them remember the posi tion in which they were, in dealing with the legislature, when there was one tax which the greatest authorities h. pronounced to be unjust to the amount of 5,000,0001. ster ling. Take next the local taxation. Certainly it had not been understood until within the last three or four years,that in addition to its share of the general revenue, there was a sum of 13,000,0001. derived from the land. If ever a discussion took place, in which the burden upon land was adverted to generally the taxation upon houses was set against it, and the prevalent opinion seemed to be that the ' burden on land was illusory. But there was hardly a person who now doubted that 13,000,0001. was levied upon property in this country, of which land bore the great pro portion. Ile took it idso that a settlement of this question would bring something like a sum of 6,000,0001. upon the carpet ; and he should like to know how any financial minister could relieve their just claims by a mere shifting of the amounts ? They knew that he could not. Therefore he mast come forward and face a public opinion which, by degrees, would be guided and formed to the point which he (Xe. Disraeli) had anticipated, and he would say," Here is asreat injustice. Here isone ofthe great industrial interests of the country labouring under an amount of taxation to which no other interest is subjected; and therefore, as we • cannot relieve them from it, we must give them that which science as well as policy justilii s—a countervailing duty." See how far they advanced then to their point. Let him now ask, had public opinion responded to these ideas, or had it not? That was his test. Ile would give up the line be had humbly pursued in the House of Commons to obtain what he called a just relief for agriculture, if it could be shown to him that we had made no advance. That line had not been pursued until the navigation laws were repealed. As long us these laws remained it was always supposed that upon that important question they had the chance of making a great and perhaps a suceecs ful fight ; that they would still have one of the great interests protected ; and that if that protection were continued, they would have the opportunity of making a fair adjustment for the land, and of arresting the down ward course of the colonies. But they were defeated. The "crowning capital," as it was termed, had been put upon the column of free trade by the repeal of the naviga tion laws. Then, the whole system of protection haring been abrogated, it became necessary to devise some new plan fur their campaigns, and to lay down some principle which would obtain the greatest support in the 11011,1, of Commons ; that the land should nut be isolated, and that the opinion out of doors of those who were not immediately interested in the land should be enlisted in its favour. Therefore in the year 1443, when from unfortunate cir cumstances the duty of leading the party in the House of Commons fell upon him, that was the course he took, in ' order that the country might understand that the position of the agricultural interest with reference to general taxation was an unjust one. Ile felt that the more that was known, and the more the pressure upon the agricul taral interest increased, the inure public opinion would he enlisted in their favour. Well, three years ago, the first attempt was made with respect to that system of local taxa tion, and at that time, in the present parliament too, he was defeated by a majority of nearly lOU. The follow ing year he began with that majority against him ; but the controversy having been extremely stimulated in the interval, it hail become a public question, and at the end of twelve months discussion in the country after that defeat, the pressure upon the agricultural interest still in creasing, when the second atteutpt was made the majority = e tst him was reduced to 21. This, he thought, was eve of the fact that public opinion was coming round to them. But in the present year the question was still better understood, and the distress was even sharper ; and recently they had had a division which virtually upset the govern ment. Thcec circumstances convinced him that the course the party with which he acted had taken wasa prudent one, sad that it was a course which in no way compromised their principles in the slightest degree. If, as a minister, he were placed in the position of having to recommend that settlement which he should consider to be 11104 for the ad vantage of the country, and not for the advantage of a particular interest, he should not say " You had better take off the burden of local taxation upon the land, or the tax upon malt." On the contrary, he should say, " One is the source of a large amount of revenue, and the other the source of an excellent local government. I wish to have these advantages, hut I cannot recommend the con tinuance of these advantages at the cost of the land ;" and therefore he must come forward with some scheme—to the details of which he could not pledge himself—which would secure to the land a sufficient compensation fur the abroga tion of protection. Of this he was firmly persuaded, that the only chance of success they had was in exteuding to each other a mutual confidence. They had given him the very best evidence of the confidence which they reposed in him. He was proud of its expression on their part, and he should always endeavour to deserve it. CENTRAL CRIMINAL COURT. Tills DAY. OLD COURT. Arran UM, Cwnr itstles hoops. James Harding, 22, tailor, was indicted for stealing a hag and purse, with violence, from the person of Frances Mills. Mr. Payne and Mr. Nagle were for the defence, and Mr. MuHuai= prosecuted. The prosecutria stated that on the evening of the 4th of February she went into a draper's shop, purchasing some braid, when she saw some one looking very hard at her purse, which had several bills in it, and which would lead to the supposition that they were notes. She left the shop, and had nut gone far, when, about to cross the road, she was attacked by some one, who she was convinced was the prisoner, who seized hold of her hag and struck her several times on the cheat, and finally dragged the bag front her and ran away. She pursued him a short distance, and some one else joined in the pursuit, but the prisoner escaped. She went to the shop, and the 'human had a perfect recollection of the prisoner. Subsequently the prisoner was taken, and he denied having been at the draper's. When taken, at the police-court, some one came forward, and said that prisoner was not the man, but that he was. . . . The defence now set up was, that the prisoner wu not the man, hut the man who came forward at the police court was nut now forthcoming. One witness was called to prove that the prisoner was elsewhere at the time spoken of. The jury found him Guilty. The Lord Chief Justice sentenced him to two years bil -1 prisunment and hard labour. POLICE INTELLIGENCE. THIS DAY. BOW-STREET. G. Tettle, aged 30, was charged with violently assaulting Mr. W. G. Thompson, civil engineer. The prosecutor stated that last evening he entered the shop of Mr. Grafton, an engineer, of Chanc,ry-lane, with whom he had formerly been in partnership, when he saw the pri soner there. Ile obtained what he required, and was quit lag, when the prisoner sprang upon him, struck him several violent blows upon the face, pulled his hair, and attempted to bite his ear. Mr. Grafton said the prisoner was in his shop yesterday evening, when he commenced abusing Mr. Thompson, who was not present. Witness spoke about a patent in which ' they had been concerned, and the prisoner said he sold out beeause it was a swindle. Mr. Thompson then entered, and witness said " There is the man ;" and the prisoner replied, with an oath, that he was a swindler. The witness then corroborated the prosecutor's testimony, and added that the prisoner conducted himself in a most outrageous manner. Mr. Jardine fined the prisoner 31., or one month's im prisonment for the assault, and also ordered him to find two reo:1 the peace i o n fo lO r cz e ac n h e , a an o lh m im on se t lLto be bound in 201. to IThe prisoner Pac was locked up in default. UNIVERSITY AND CLERICAL. OXFORD, NIIRell B.—ln a convocation holden this morning, the honorary degree of Doctor of Divinity was conferred on the lice. Hibbert Binney, Fellow, Tutor, and Bursar of Worcester College, Bishop Designate of Nova &oda. In the same convocation George Butler, Esq., M.A., Fellow of Exeter College, was appointed to the office of Public Examiner " in Literis Humanioribus ;" and the Rev. Edward Halifax Hansell, 8.D., Fellow, Tutor, and Mathe matical Lecturer of Magdalen College, was appointed Public Examiner " in Disciplinis, Mathematicis, et Physic's." SPORTING. TATTERS ALL'S—Totem. - - The betting yesterday was on too small a .tale to ea fur more than a return of the closing prises. THE NOITHAMPTONISHIRE STAKES. 7 to I apt Lord Suoler's Lego-Alma. 11 to I Dine of Sodium's St. Remits (t) IS to I Mr. T. Parr's Clot. worker DONCASTER HANDICAP. 4 to I apt Mr. Jews'. Cluntrey 1 to I Mr. Jobs Oexa ne's Aebyrinthes DONCASTER STEEPLE CHASE 4 to 1 apt Marta Day I 1 to I apt Alealtiodis S to 1 art debris (t) CHESTER CCP. 11 to apt Mr. Tres•• Rhesus R ) 23 to Lord Egliatow's Rated of Ansel 30 to Mr. Ha:Owes Seaman (t) 30 to Mr. T. Lister's Nancy .3) 40 to Lord Enfield's Ftee Hower 30 to Lord Waterbed's Due-ataDttarres (t to £100) TIER PORT STARKS (NEWMARKET.) M apt Lord Wales lb. boater 2,000 Gni PAS STAKES. II to 10 apt Mr. Howard's Oradea to I Mr. A. NielsoPs Newodaster (t to 130 t.) - DERBY. 11 to 2 .it Mr. nalforZlCKlas Mlaialar (t 4to 1) 13 to I Mr Howard's Greci.dt It to IOW.) 11 to 1 Mr. Osbaklieton'eMountaio Sylph colt (t to INK) ZS to 1 Mr. J. Oath Marlborough Busk (t) 11,000 to 30 81rJ. Hurley'. The Cloolotoor (t) 3,400 to 20 Lord Zetlasfe Lightfoot (t). THE EXPRESS, FRIDAY EVENING. MARCH 7, 1851. SECOND EDITION. HOUSE OF COMMONS. THIS EVENING. Lord J. RUssitti. gave notice, for Thursday week, of a motion for leave to bring in a bill for the better administration of Justice in the Court of Chancery. Sir DE I..tex EVANS inquired as to the sources from whence the expenses of the new Kaffir war were to be defrayed, and whether the House of Corn mons would be allowed anv opportunity of express ing an opinion upon the subject. Lord J. ItussEtt. explained that no addition, save that of the reinforcement of a single regiment, had been as vet considered necessary to the forces at the Cape, and before any further expense was incurred the sanction of the house would be asked. In reply to Sir W. Molesworth, Mr. HAWES pro mised that all papers relating to the disturbances should be promptly laid on the table, and meantime deprecated any undue importance being assigned to the affair. No despatches, he added, were as vet received by the government, though such were hou'ily expected, Sir 11. Smith having extricated himself with great gallantry from an environment of insur gent Kaffir'. Lord J. RUSSELL gave the promised explanation as to the dates when the government intended to bring on various public business. The Home Secre tary would presently state the alterations proposed in the Ecclesiastical Titles Bill, and as these were very extensive he should ask them to postpone the second reading until Friday next. On 'Monday he should propose that some votes should be taken in com mittee for the naval service. No vote upon the in come-tax would be asked until Monday, the 24th, but on Friday, the 21st, the Chancellor of the Ex chequer would state in full the new arrangements of the finance scheme for the ensuing year. The order for the second reading of the Ecclesias tical Titles Bill having been put, a multitude of pe titions for and against the bill were presented by various members. Sir G. GREY then stated the effect of the alterations which it was proposed to introduce into the mea- ' sure. Reviewing various su i ggestions that had been , offered to the government, he combatted the argu ments that had been urged in favour of the appointment of a committee of inquiry, and contended that proposal of mere resolutions in both Houses of Parliament would have excited just as much debating as the bill itself, and at the same time would have been mere waste paper for any practical purpose. And if the committee were appointed, their inquiries would prolong indefinitely the animosities which it was of so much importance to allay as speedily as possible. Another suggestion was, that Ireland should be ex cluded from the operation of the bill; but after a renewed consideration the government persisted in the conclusion that the assumptions of papal ambi tion should be repelled by a like enactment in all sections of tho United Kingdom. Such an omission would have soothed much of the opposition with which they were threatened, but It was not a step to be conceded consistently with the prin ciples by which the ministry . were prompted to act. Admitting that the bill might possibly interfere with some hierarchical functions which had ob tained a quasi sanction in Ireland, the right honourable baronet contended that the prohibi tive force of the second and third clauses had been much exaggerated, and examined minutely the phraseology of those clauses to show that they did not circumscribe the privileges heretofore enjoyed under the existing Bequests Act. Some interference, however, he allowed to be possible in an indirect way, and through a circuitous process of legal induction,and, after detailing several hypothetical instances of such interference, Sir G. Grey proceeded to explain the L modifications in the clauses by which they were to be removed. (Left speaking.] FROM THIS NIGHT'S GAZETTE. FOREIGN -OFFICE, MARCH 6.—The Queen has been pleased to approve of Mr. John Longlands Cowell an Con sul at Gibraltar for His Majesty the Emperor of Austria ; also of Mr. N. Christian Mathiasen as Consul nt Gibraltar for Ills Majesty the King of Denmark; of Mr. William Henry Tilstone as Consul in Canada for Her Majesty the Queen of Portugal and the Algarves ; and of Mr. Joseph Jesse as Consul at Montreal fur His Majesty the King of the Belgians. CROWN-OFFICE, MARCII 7.—Member returned to serve in this present Parliament fur the Borough of Har wich: Henry Thoby Prinsep, of Little Holland-house, Kensington, in the county of Middlesex, Esq., in the room of the Right lion. Sir John Cam llobhouse, Bart., who has accepted the office of Steward of her Majesty's Chiltern Hundreds. WAR-011.1t:E. M.ecn T, MA Drag Oda-Lieut. D H. Ititinct.t... from 15th LA Drags., to be vice Hibbe(L app. to Ist Y. 15th Lt. Drags.-Lieut. H. H. BARYON from let F., to be limit., vice Howell, app. to Ind Drag Gds. Ist (or Grenadier) Regt. at Ft. Ode.-LieuL and Capt. the Has. H H. At ry.I4CY to be capt. and limn -col., by pur., vies J. Dien% whore!.. ; Ens. and lieut. J. kerma to be heat. and capt., by pur., viee Percy. let F.-Lieut. L. illtiarßT. from Ind Drag. Gds., to be lieut., vice B irbet, app. to 15th Lt. 14.1(.. sth F.- Copt. W. R. L. Bee sine, from b.-p. unett., to be cant., vice F. Itelmitel, who each., Imo. F. W. L'EsTilttetult to be amt., by pur., vice Bennett, who refs. 7th F.-Limp. the lion. W. Mince to be rapt., by par., vies Wilson, who rem ; P. 0.. 8.. W. Taunt% 11,111 the tit. Helen lint., to be br par., TOM MODCItj Lie uL T. B. Brasov ,to be adj., vice Monk, prom. 16th F.-kna. G. A. ELLIOT to be lieut., by par., vice Ferrer, who feta. 34th F.-L3eut. M. 0 Bier, to be rapt., by par., vice Sir G. Douglas, Bart., who rule.; Fee. A. T. L. Cuspate,' to be IMuL, by par. and adj., vice Best, prom. teal r.-Lieut- S. J. MACISRCON to be apt., by par., vice Adam, wh t rets.; Ens. V. J. Carets to be heat., by pur., vice Maclurcan. 37th Y.-Lititt R. A. Loess b. be cspt.., by pur., vice Ashton, who rets. ; Ens. G. J. Pattern' to be limit, by pur., vice Logan. 71tb F.-Lieut. J. Jaw to be eapt., by pur., vice W. C. Brum, who nu.; Rm. P. Femme" to be heut , by put., vice logo. slot P.-Major 11. FAILZOOT to be lk-ut.-cool by par., vin Miller, who ens.; Capt. the lion. It A. 0. DALZOLL to be major, by pur , vice YarrenL ; Lieut. F. Litres to be end., by par-, rice Delm3; Ear, W. E. Tone to he lieut., by pur., Moe Lappet. 91. e F.-Lleut. W. R. ANNlll.rf, from the 97th F., to be Heat., vice Cole, prom. to an mien. t.antratiy. let West India Regt--Lnut. a 1400tatt, from b.-p. of the Ceylon Rio Rest, to be lieut., vim Goan prom. to ea mutt. company. Cape Maimed Itillimen.-Ens. 0. L. OTODD&IT to be lieut., by pur., vice Layers, who rota. Unarranns.-Lisu(. the lion. E. S. Pit:ORM. that the 9.lth Pt , to be cape , without pur.; Lieut. A. ktrenzaroms, trots the 76th Ft., to be apt., without pur. Bantm. -Lieut.-Col. F. Assort, C. 8., late of Bengal Engineers, (Lieutentnat-reivernor of the Bart India Company's Military Semi nary at Altborrebe,) to bav the local and temporary rank of Lieut.- CaL In the army while no employed. GreICE OF OnDNANCE, MAWS 3. RI. Rapt. of Artil.-Second Capt. J. P. Coven to be apt., Moe Low, ret an f.-p.; Vint Lieut J. P. 1.. Bet:mama to be arc. amt., vice Cater; Second Lieut. H.M. G. Prams to be first lieut., vim Bad delay. ADMIRALTY. MAKCII 4. Corps et RI. Martens-Gent. ra .a. I. R. Cotwntt to be sec. lieut. BANKRUPI4.. I'ERSEDED. Jossea Ilaarta, Vauxhall-bridge-road, March 4. BANKRUPTCIES ANNULLED. THOITAS PICIERT HENNIENOS, Wyndham-road, Camber well, dealer in wine, March 6. Cl.l TETLOW, Leeds, innkeeper, March 4. DOMINI/A ANN BURNETT, August 19, 1850. BANKRUPTS. WILLIANI BTOERoll773:3;tharnPtoer: upholsterer. WILLIAM Cotten, John-street, Fitaroy-square, pianoforte maker. TROMSO Bitten, Brossley, Shropshire, coal merchant. ARNOLD FRANCIS WILLE and Giotto& Hance WILSON, Kingtori-upon.Hull, Commission-agents. lirtulag WALLER, Bowden, East Riding, Yorkshire, sacking manufacturer, JOHN HORROCIVI, Liverpool, coal merchant. HUGH BUCHANAN MACMILLAN Had ROBERT SIRVICE WlLaixr, Preston, drapers. SCOTCH SEQUESTRATIONS. ALEXAND3II Yorxo, Glasgow, MATTHEW WII-4H, Edinburgh, shawl manufacturer. 'WALTZ!' ROWAN, Glasgow, tobacconist. JOHN DUNA', Port Bannatyne, near Rotbesay, inn keeper. BANK Or ... slot wok ending Mar:11.1551. Ig.^• WIN FAMES/T. (Nommen% Debt— ‘11,014,10. 1 Wars Gold Cola sad 1.1.135A1S I Cyr Bulllos ar.rra=a' arr.m.ia =eicer/044W 4 3. 4.313009 Devoilm 410,954 Sieben da *bah Clowals. of 31m6saal oth ttA b od.. l , 11 y. Yala ) T. TS4 344 11.6n.1.6 "mods/ asdolbar 1.063,191 de& Pea isidl/1 .... 014145.08 ressida ratio ......... atual 536.533.1•1 1 Mara I. 11181. I M. ILLS'S LW... , SUOAR.—The average pews of Sager, the produce of the &WA uweadale le entwine, empahed trees the rehires made la the week 'rhea the nth Mari, MI. le 804. I led per eau Saw, the predate of the Menntlas, r 1111., Id. &Ws led Idendo " ?Aft Indio. 30, 111 d. The average prke 'ldea three Ihregeiag de. seripdoiJalatly, le MN. 100. will, and, though a deed in form, was in fact a testamentary Raw iintelligence. instrument. It might even now admit of a question, if the Attorney-General chose to raise it, whether this deed, HOUSE OF LORDS —YESTERDAY. being merely inertia canal, was not in fact a testamentary The Lord Chancellor and six other peers met soon mita • instrument. The deed was wade upon the suggestion of three o'clock for the second reading of the following divorce Cooke, that the legacy duty would thereby lie saved. bills. ee Cooke, according to his own ottani...lon, did not Iles•riteore's DIVORCE BILL. communicate to the relatives of the donor. 'I hey came to The evidence iu support of this bill was taken on Tues- England on live several occasions, being desirous of obtain day (see Express of Wednesday), so far as proof of ing information as to the property of the testator, knowing adultery was required ; but, as the petitioner wished to th a t the property was considerably larger than it appeared have a clause introduce into the bill to bastardire the last to he Iry the will. Still dwelling only nn facts silinhecal nn child of the wife, and of which—being born on the 17th of both sitter, it was clear from the term+ in which the will was May, 1850—the petitionereould not be the father, inasmuch made, and the nature of the dispositions contained in it, as he was absent with his ship for three years, from August, that it had been framed so as to make it appear that the 1846, to the 2101 of November, 1849, and the child was 3,0001. with which it dealt, together with the money in the proved to be a full-grown nine months' child, the entries testator's house, and his furniture, constituted the entirety an the log and muster books of the ship not being satis- ot.his property. The will was written on draft paper, and factory to their lordships to prove the petitioner's was very short. It purported to be the will of Caere, and ahem, is, the ease was adjourned to this day for better appointed J. A. Cooke and Joseph Hay the executors, suit evidence. it gave 7.501. 3 per Cent. Consols to each of the two bro- Captain Courtenay was now examined, and he proved them of the testator, named Peter and Julien ; 7501. like that Captain Heatheote was with him in the Atlantic and Consols to his sister Julienne, of Loral ; and to the children South bear in the same ship from autumn, 1816, to Norm- of Marie al:milord, his deceased sister, a like sum, such her, 1 5 49 . several sum+ to be satisfied out of any sum of bank 3 per Their lordships being satisfied with the evidence, Cent. Consols which should be standing in his name at the The Lord Chancellor moved that the bill he read a second time of his decease. To that wilt a codicil was added, time: it was so read, and the proposed clause will be which was admitted to be in part written by the inserted in committee. priest lioldstock, after Cooke had withdrawn from MACLEAN'A DIVORCE BILL. the room. By this codicil the testator bequeathed to J. A. Mr. Talbot stated the facts of this case, and from his Cooke, one of his executors, 50/, as a recompense for his statement and the evidence in support of it, it appeared trouble as executor, to he rained and paid out of the first that the petitioner is a major in the East India Company's dividends to arise from the Consolidated Annuities men service, and was married in India in 1339 to Miss Polly at tinned in the will; and he gave whatever money might be the house of her father, according to the rites of the church in his house to Mr. Ilioniltun, his landlord. Another ad of England. They lived together as husband and wife on the mitted document, which was extremely material, taken in most affectionate terms until April, 1816, when Mrs. Mac- conjunction with Cooke's admiasion, that he did not corn. lean Come to England for the benefit of her health. The mainieate the execution of the deed to the testator's rela petitioner was not able to accompany her, being detained in fives, although he was in correspondence with them, was India by his professional duties, but he entrusted her to the an account delivered by Cooke or his solicitor Norris. It care of some of his and her friends, who were coming to was part of the plaintiff's ease to charge the other side with England at the same time. They came by the overland an anxious desire hi prevent the relatives of the testator route. Captain Francis Cristall was corning home at the being informed of the real facts of the eau and of the calm same tune. Mrs. Maclean was in most delicate health tint of the deed ofgift. That deed was dated March 4, and the during the whole of the journey by land and sea, and dividends of the 7,0001. 81 per cent. Bank Annuities nothing passed between her and Captain Cristall to become due on the sth of April. By law a proportional excite notice among her fellow travellers. The tele- part of those dividends would belong to the testator's tiers of Major Maclean having been by letters from estate. It appeared that Cooke had called on that under him apprised of his wife's return to England, met standing it the law, and that the trustees of the deed paid her, and so did her own relatives. She put up at a to Cooke in respect to that proportional. part. The material hotel at Charing-moss, and on recovering her health she thing to he observed, however, was the manner in which went to visit her friends and her husband's relatives in that sum was entered in Cooke's account as executor. Scotland—travelled about, spending some weeks inChelten- The natural entry would if there had been no desire to ham and other such places. Captain Cristall was a frequent mystify Ire as follows :—" The sum of so and so being a pro visitor wherever she went, and he was received as the friend portional part up to death of the handcar of half a year's of Major Maclean by his relatives and Mrs. Maclean's rela- dividends on a Kum of 7,0001. 31 Bank Annuities, tires. There was 110 suspicion of the least impropriety transferred by the testator under and by virtue among any of them in his visits. But, in the latter end of of such and such a deed of transfer." Such the year 1846, Mrs. Maclean was in lodgings in a street off an entry would, however, have disclosed the existence Regeut-street, London, and had on a visit to her a nephew, of the 7,0001. stock. The entry war, therefore, made as of a young lad. On his departure on the 22nd of December, a sum of money received by Cooke from Dr. Griffiths, his 1846, she accompanied him to the Paddington railway stn- co-trustee, fur a debt duo to the testator. This, though thin, and on her return to the lodgings she was accompar trifling in itself, became important when connected as part vied by a gentleman whom she introduced to the landlady of a system for concealing from the testators relatives the as Captain Hodiskinson, and an intimate friend of her ho.- transaction sought to he impeached. it was not until the band, and added that if the bedroom which her nephew parties hail informed themselves as to other portions of the had occupied was not engaged, he (Captain Hodgkinson) tintator's pniperty and had charged Cooke with a know would occupy it for some time. The landlady agreed, and ledge of the fact that the deed was disclosed. 'r ho bill the gentleman's baggage was brought with the name of charged studious desire on the part of Cooke to pre "Captain Cristall " un it. One of the servants thought vent the relatives of Carre from communicating with this was very odd, because she remembered once taking a or being influenced by the statement of Ilainilton. note from Mrs. Maclean to Captain Cristall, at 21, Maddox- Whether that charge were capable of being supported or street. Her suspicions being thus excited, she looked uot, it was clear that Cooke had made no communication after them. By this witness's evidence, it appeared to them as to the trust deed, until they had obtainsil some that from the 23rd of December, 1846, to the 501 of knowledge ea to it from another quarter. Since the suit January, 1817, Mrs. Maclean slept in this gentleman's (Cap- had been instituted, the attack had been sought to be lain Cristall's) bedroom, or he in hers, every night, and diverted, by tiling an information to establish the deed as a the learned counsel amid he had other servants to prove the charitable donation. The present bill was filed on the 18th same. They left these lodgings on the sth of January, January, Dail, and on the 25th of February following, 1817. In the month of September following Mra. Maclean only a few days hack, an information had been tiled by the and the -- do came s' in to the same lodgings and told Attorney-General, at the relation of one T. Pownell against captah. waif_ the lady of the house they were going otf to India unme cliately. They did leave England in October following, and Mrs. Maclean arrived at the abode . of her husband iu ur rachee, in India, on the 21nd of December, 1847. On the sth of July, 1818, just six months and fourteen days after her arrival, the holy was delivered of ' a fine full grown child. The unhappy husband was distracted. On recovering his senses, he consulted his friends. Inquiries were made in India and England, and the discovenes before mentioned were made. Major Maclean then brought an action for trim. eon. against Cap tain Cristall, in India, and got 1,0001. damages ; hut they have not been paid, because Captain Cristall died before execution could he issued. A divorce a mew* et thorn has been obtained in the Consistory Court of London, and the proceedings in both suits have been laid before this house. (In these casts the reports contain only the substantial de tails—the minute details are really disgusting.) The Lord Chancellor, at the conclusion of the evidence, moved that the bill be read a second time ; and it was read accordingly. Cooke, Norris, and Cox, and the relations of Currs, to the present suit. The information represented the trust as created in performance of an intention long previously entertained by the donor. It prayed the establishment of the charity by the decree of the court; a transfer of the fund into court; and, if necessary, that a reference might be directed to the master to settle a scheme. The success of the present motion bad thus been rendered matter of neces.ity, and any discussion of the matter in the present stage of the cause bad become useless. Mr. Stuart, who appeared for the defendant Hold stock, observed that the mention of this circum stance, if made yesterday at the opening of the case, would have had the effect of saving the time of the court, and of sparing to Mr. Bethull himself the painful task of casting imputations upon the characters of the defendants in the cause. Mr. Ilethell—lle intended not to cast any imputation upon any party whatever. In appealing to the court it was necessary to characterise the acts 01)1111113illed Or in the language in elmmoit use by the court with reference to such acts The court regarded such :acts as repugnant to public . - . ..• Bums Loa. Crimsons (Vies CAANCILLOI). policy : to public convenience and to the benefit of MIIII. METAIRIE r. WISEMAN. kind, and on that ground would never allow them Mr. Bethcll, on resuming his address in this case, said be to stand. When, therefore, he used the term fraud, hail stated yesterday the broad facts on which the case he eoduiart so ot, only in int, th r e re t te ee d hui t ta a l mn sense with in n refe w re h n ic co h rested, relying only on the farts about which there was no to acts which th! co y urt would l not suffer to prevail. By this dispute or contrariety of evidence. He had left off with rule alone he ventured to judge of the conduct of Mr. the circumstance that Cooke, disregarding, or at all events Holdstock. Ili* conduct would not be tried here with re not complying with, the wishes of Cane, took away the ference to any rule of morality, which this court had no deed of trust and the power of attorney; he took them jurisdiction ,reareto to enforce. i dzb a t e M d r. Holds tuck w pi tile highest away without leaving any copy in the possession of the prepared which could regulate human con u du ' e n t, mutiy, a donor; he left not a scrap of paper or any means whereby principle of religious duty ; that he hail acted through the testator might inform himself or his advisers of the acts out in accordance with his duty us a priest, and had which he had been induced to perform, or of the nature of constrained or induced his penitent to do what his religious are m t. • th d e y r inj es m o lt t Le i r s tu eo i required. , might ig p: t rt i s i r o , t tlau s a e th b, r! e b- n the deeds he had been induced to execute. One circumstance it would be material to oberve upon in the present case was guilty of any moral delinquency. To the conduct of w ne e i ll ious the form of the power of revocation reserved in the deed. One Mr. Cooke, however, a different rule of judging might common mode of giving colour and protection to transaction be applied. As he was not ignorant of the guard* which eminent judges of this court had for centuries observed to of this kind involving voluntary gifts by deed was to make be necessary fur the protection of persons in the siuution of the deed subject to a power of revocation. One of the indicia Carr:, especially against others in the situation of the of fairness or unfairness in the mode of dealing had always priest, in judging of him a rule of greater severity might been sought for in the form of the power of revocation. If be observed. His duty was to have informed Headstock of fringingned them if so d. It was his duty to have the power was of easy execution, and without solemnities the principles of the court, and prevented him from in being prescribed, then the power was regarded as equiva- x eplai to the relatives incline of the deceased all that hail token lent to leaving in the donor a power of disposition cquiva- place. Having forgotten this duty, the same allowances lent to an absolute ownership. If, on the other hand, could not be made for him u for Holdstock. Whether the power were connected with solemnities guarded by pe- the influence which the letter had exercised over the culiar stipulations and required to be exercised in a pecu- testator was or not justifiable in fora conseientice, it was an influence which the court would not liar manner, it would be considered o, a power permit. It was sufficient, in the eye of the court, to vitiate given in name and not in deed, and would any transaction of which it was an element. There were be regarded always as en indication of unfairness—as an at- other parts of the case made by the plaintiffs, the evidence tempt to comply with a rule in name only, and not in sub- of which, in some particulars, was contradicted by the de stance. The deed here in question contained a power of a fe s n ta da u nt o s i ana.Vileietn y u th it e h p r arttnfirs so t c , ir a a s n j e an to ua t r 'arr t f i , v l i T en w i es s o in n revocation which was to be exercised by deed alone, and the 3,0001. cons is. He regard no money in i ' he house, and not by a mere simple deed, but by a deed to lie executed by hail been incapacitated from going to receive his divi• two witnesses. The deed bore date the 4th of March, 1847, dends at the bank by illness. The first visit of the and purported to be made between and by Mathurin Carr 4, priest to Curri , took place on Sunday. Carr, hail not of 59, Charlton-street, Somers-town, of the first part; the lixtiuTratiseanry wishflicfur r th b l ed 0 1i t e ` e i n " I ' s7i c t b o f Go a n: I I; Right lice . Thomas Griffiths, Doctor of Divinity, Bishop the medical man. p riest Carre mentioned his ) ilimeuLl of Olena, vicar apostolic of the district of London, ties as to his dividends to the priest, who told and John Athanasius Cooke, barrister-at-law, of No. 5, him they might be received at the bank without Old-square, Lincoln's-inn, of the second part. It the attendance of Cared himself. The averment of the bill was that the priest offered to bring a gentleman who recited that Mathurin Cared was then possessed would inform him upon the subject, and prepare the neces of 7,0001. Three-and-a-Quarter per Cent. Bank Annuities, ea -„ instrument for the purpose, and that Cared thereupon and that Cane intended thereby forthwith to transfer the consented to Cooke being brought for that purpose, viz. said sum of stock into the names of himself and the said fur the purpose of enabling some person other than Carri Bishop Griffiths and J. A. Cooke upon the trust, therein- to receive h dividends. The averment was that this re sulted in the interview with Cooke, and the preparation of aftermentioned. It went on to witness that it was thereby th e documents impeached. The evidence certainly showed declared and agreed between the several parties thereto, that Caere was under a misapprehension as to the nature that the said sum of 7,0001. and the dividends and income to and effect of the instruments which he signed,and that he was induced to sign them by the importunity of the priest, and in arise therefrom should thenceforth be held by the parties so that h tr i e Lt lii i ct e ahzt g t t l i ta h w en oulde al w l i e t : I. t r i tt e h ni him . s i r ,e heiLcomeete i t thereto of the second part upon trust for such persons and would now proceed to the affidavits. The l affiilavits for for such purposes as Cure should at any time during his natural life, by deed to be executed by two witnesses, the plaintiff were—first, that of Matthew Hamilton ; appoint, and in default of such appointment or so far as secondly, that of Brown ; and thirdly, that of Francois such appointment (if any) should not extend upon trust t Metairie, one of the plaintiffs and next of kin. Hamilton o was represented by the defendants as a dew' ppoiuted man, permit Cure to receive the income thereof during his life as having expected a large share of the property of the de for his own use and benefit, and from and after the decease ceased, and therefore es not likely to give unbiassed evi of Carri, end in default of such appointment by him as afore dente as against the defendants. Possibly such might be said, or so far as such appointment should not extend, the the case. All he asked was that the evidence might have trustees for the time being were, out of the first dividend to credit when corroborated by the testimony of others not arise from the said sum of Bank Annuities after the decease open to the same groundn of suspicion. The of Cared, to pay to Matthew Hamilton, of 59, Charlton- affidavits were then read at length. The mate street, Somers-town, the sum of 501. ; to the Rev. James rial parte of Hamilton's affidavit were to the ef- Holdstock, of Somers-town, clerk, the like sum of 501.; and feet already stated. He deposed to the eircumsennces to Joseph Hay, clerk in the Joint-stock Bank in Pall-mall, under which Cared had become acquainted with his (Ha • like sum of 501. ; and, subject to such payments, the mitten's) late father, had become a lodger with his mother trustees were directed, after the decease of Cure, at the house in Charlton-street, and after her death had (on to pay and apply the dividends and interest of tinued there as a lodger for the last 18 years; that he the 7,0001. Bank Annuities thereby transferred for occupied two rooms on the second floor; was a man of the carrying on, maintenance, and support of the great physical rigour ; and, up to the last days of his life, Roman catholic charity school for girls attached to the had attended various schools in the different suburbs of Roman catholic chapel of St. Aloysius, situate in Clarendon- London and elsewhere as a teacher of French, performing square, Somers Town, according to the discretion of the all his journeys on foot. That he did not strictly observe trustees. It was thereby further declared that in the event the rules of the Roman catholic religion, and took no irate of the charity school being at any time discontinued, or the rest in its schools or charities. There was some evidence trusts in favour thereof becoming incapable of taking effect, that he went occasionally to the Roman catholic chapel, then and thenceforth the dividends and income which but it was not stated that he ever went to con should accrue upon the stock should be applied by the fession or showed any signs of a devotional habit in his or trustees for the time being to the carrying on, maintenance, dinary mode of life. One morning towards the end of and support of such other Roman catholic schools for girls February 1847, Carve was proceeding on a visit to a school in or near London in such manner as the trustees at Clerkenwell, when arriving at King's Cross he was taken for the time being should think fit, and accord- ill end returned home. On its being suggested that a me- Mg to the absolute discretion of such trustees. dical man should be sent for, he declined, stating that it Then the ordinary power of appointing new trustees was weakness which he suffered from and nut disease. in the event of the death or retirement of trustees Being then without cash, he was restlessly anxious to go to was given to the surviving trustee or trustees, or to the ex- the bank to receive his dividends, but was unable to do so. ecutor of the last survivor of such trustees. The deed then On his becoming worse he was prevailed on by Hamilton contained a declaration that whilst any person filled the to cell in a surgeon, and the attendance of Gasquet was re character of Roman catholic vicar apostolic, or Roman quested. Gasquet was the medical attendant on the school catholic bishop or coadjutor of such vicar of the district of for girls attached to the chapel at Clarendon-square. Gas- London, such vicar-generel; bishop, or coadjutor for the time quet was surprised at hearing of Carrie, wealth. the affidavit being should be virtuti officii a trustee ; and that after the de- described the first visit of Cooke and the priest, and the cease of Cooke, or his ceasing from any cause to be a trustee inference of Hamilton that all that passed between them of the said sum of stock, every trustee thereof should he a and Caere related to the dividends Caere desired to receive. bishop or priest in holy orders in the Roman catholic That on Monday, while Cote and the priest were with church. The deed was signed by Carve, and witnessed Caere, two females known to the priest, and who resided by Harriette Louisa Clarke, of Clarendon-square, Somers in the same house with him, celled at the house and desired Town, and William Charles Brown, of Bona-street. The to see the priest; that Hamilton told them he was up stairs deed was executed at a subsequent period by Cooke, but on with Cane. They replied they were aware of it, and de that day by no other person than Caere. The transfer of sired their arrival might be made known to the priest. stock, as he had said, was made at the earliest possible mo- Hamilton according) up to the priest and told him meat; but, owing to the time required at the Bank for two persons had ; but that just before he entered delivering a power of attorney, was not completed until the room, he heard Cooke say, " Well, sir, you had within an hour or two of Carne's death. It was admitted better sign this paper now," to which he heard Came by Cooke that, being named executor of the will, he commu- reply, "No, I shell sign nothing; there is no ne °seated with the relatives of the testator, but that he withheld cessity for it." Hamilton told the priest of the two 'from them the knowledge of the fact that the deed had been persons below, when the priest, after reflecting awhile, re st:seated. The deed was made at the same time as the plied, " Tell them not to mind now. I shall not want