The Express. — London, England, 1852-01-15 00:00:00

before her, sod said, " I can get nothing at this asylum lint this." I observed, "If you require any delicacies, I am sure your daughters will procure them fur you." She said, "Oh, don't mention them: I would not take seething from them." I neat sew her at Gothic Ville. Mrs. Moore, Mr. Haynes, and Mr. Turner were there. I put a few questions to her en this occasion. She was not able to tell me where she lived M VMS or 1849. She said her property was fast muting away. Mrs. Moore said it was better not to excite her more then. I yielded to that, and walked to the window. On any return, I saw Mrs. Moore near the bed, making a sign, by putting her band to her month, as if desiring her to keep silent. Cross-examined by Mr. Serjeant Wilkins—Mrs. Moore told me that Mrs. Cumming had an uneasy night, and that it was better not to excite her. The motion of Mrs. Moore with her hand might he the ordinary precaution of a nurse who wished to keep her patient quiet. It does not appear strange that a person who has suffered wrongs should dwell on them. I drew my conclusion of her insanity from her Imoherent language. n • will of Mr. Pritchard, and the other documents re ferred to iu the cosine of the proiseedinp, were then put in ° and read. The cominisseoner, the jury, one of the counsel on each side, and the short-hand writers, then proceeded to Gothic Villa, the residence of Mrs. Cumming, in order to examine her, the state of her health not permitting the examination to take place in court. As no person beyond those men- Rimed was allowed to be present at the examination, we cannot, of course, Rive the answers of Mrs. Cumming, or state hew she conducted herself during that ordeal. After an absence of about two hours the jury returned, when Mr. Petersilortf, on the part of the petitioners, sum med up the es smote in an able speech. The ease was then adjourned to 10 o'clock this day. YESTERDAY. The seventh day. investigation into the ease of Mrs. Cumming was resumed yesterday morning, by the Opl'illng of the defence. Mr. lames. Q.C., in addressing the jury, commenced by observing that the case all not Unit important in itself, but important because it was one which would be used as • precedent hereafter, to juetify the conduct of persons who wished to place restraint on their friends. A great deal of what had been given in evidence 'evening Mrs. Cumming in tin , enw,wsi firs".ll exaffireraterl, and much of what had been alleged, he would *misty the jury, wu totally untrue. He would thew that in those interval, of nest which this lady was allowed to enjoy from those proceeding', which were feat earn init her to the grave, there were no exhibi tions of issanity. The general evidence adduced on the part of those who promoted the commission of lunacy, was confined to two periods—that which wee connected with the proceedings of the commission in August, • isle, and that tram Novrinher, Bird, to January. 1511. ; Th, leased counsel then went on to show that the present proceedings and the evidence adduced were, in substance, the same u those of 1846, with the exception of the testi mony of Mary Hammy and Ellenor Hittite which was not to be relied on, and, subsequently to 1148, Mrs. Caroming hail been treated as if she were perfectly sane. lie then re viewed the fact, of the tang at length, sad commented on the MUM eondiset of Captain Coning and the want of affeetios on the part of her daughters. A good deal of the Gaspe:sou and fear of Mrs. Cumming was accounted for by the tact that she had been enlisted for perjury in February, Ptil, at the instance of Mr. E. Joon, becalm she swore that he was not her regular swat, and would not allow hint to receive tome mosey which was due to her from the South Wales hallway Company.. To this proceeding Mr. Inn and Mr. Hooper were but the charge w deimissed. The evkiesce as to the cant parties, was grossly and filthily exalt prated. There was ground. tbeeeion. for the saspicios sad sestina, manifested by Mrs. Cumming towards her chid dna. there was also ground, as be would prove in evidence, why a 1•0111enCIMIIIMMIIIMg IS Mrs. CUMITling was, might without lissiia insane, eutertain the belief th it her daughter attempted to strangle her, sad that poison was put into her tea. lb* learned cosec') this deserted the nature of the evidence- lee would produce, and after hearing it. he was sat,tiid that the jury would mummer • verdict in his favour. He submitted to them that mere eccentricity or foodless for animals was not enough to make • person in sane. Ile remanded them that it was ease to take particular passages out of • man's life, and to (mina • charge of in sanity upon them. In one of the earliest books put into their heads, they read that • similar charge was made easiest St. Paul. " reel," said }nuts, " thou art beside thyself." And he answered and said, " I am not mad, moat noble Festive" So the same charge was brought against wise Socrates sad the " starry Galileo." It would be most unbar sod most dangerous to argue the insanity of ens individual because his mind differed from that of another; and though this Icily justified the de acriptkm of Scott, for she " had been hunted for mad, scourged for mad, persecuted for mad," and though the verdict would be but of comparatively little importance to her, seeing that her days here must be short, the con aideratioa that it might he poured into the ear of death, must make them pause before they pronounced her to be of imam. mind. ( the learned coursed resumed his seat =W.4 the applause of those present at the commission.) Thu following evidence was then called : Mr. Francis Ferrer examined by Mr. James—l am now employed in the Wino( Mean. Stokes and llollyworth, in the City. In 1113.1 1 was • solicitor acting ea my own be half. knew Mr. and Mrs. Cumming is 1833 and Iski. I went in DM toeollect her rents ; her property was fur her sepsis's use. She gave me her instructions like • woman of basiasse. I went with her in 1838 to Wales for the Midsummer rents. She managed the property lured: Mr. Cumming did not interfere in its management. She gave directions to tenants. She saw Mrs. Hooper at her return to 1-bury-street. I remembered Mrs. Hooper as Mew Cumming. Mrs. Cumming was opposed to the marriage with Mr. Hooper. She heard that Mr. and Mrs. Inca were rueouraging the match, and she s rat me to persuade then, not to do so. Mr. and Mrs. Inc. said that they could not prevent the marriage bat they would du what they could to dissuade her from it, as they thought it an improper match. Miss Caminiag came home. I afterwards heard from Mrs. Cumming that she was married to Mr. Hooper in Mr. Inn's house. Mrs. Cumming said that Mrs. Ince s conduct was 'try unbind to her sister and undutiful towards herself. Mrs. Cumming' was a person of irritable temperament, and expressed her. self strongly. I knew Mr. Cumming, he aso war. a person of irritable temper. lie expressed himself to his wife, in my presence, moo man ought to do. He swore at her. Mrs. Cumming old me that she was made irritable by Mr. Cum • Ring's conduct. Mr. Cumming took the benefit of the act about 1339. lie told me he was involved in debt. Iler furniture we. seised for it. Mrs. Cumming told me that she told Mm. Luce to buy • silver basket which was to he sold at the sale. Mr. Cumming was in prison about this time. Although the basket war purchased, Mrs. Cumming did not get it back for • long time. She asked fur it frequently. She said that they had stole it or kept the money. Mrs. Cumming was imperfectly edu stated. Mrs. Cumming complained of the irregular I conduct of her husband with other women. bier servant complained of irregularities on the part of 'Mr. Cumming whilst in prison. She said that he endeavoured to take improper liberties with her, and that she knew he had improper women with him in his room. I beard no thing of an order fur affiliation. She afterwards told me, in 1542, when hetet prison, that the improper conduct of her husband continoed; he refused to eat and drink in the house till the *creme was discharged. At kin. Cumming's request I saw the captain, and remonstrated with him. Her conduct was kind to him. She took him delicacies whilst at the Beach, and gave him 'money. I have seen them at dinner. I never saw any sign of stinting him. I saw cats—perhaps three or four. I remarked nothing ex traordinary in her treatment of the cats. Shortly before she wsa taken to York-house she called upon me and said the captain had been very violent to her, and that be forced her rings from her fingers. I saw that her hands were scratched, that was a month before she was taken to York House. I saw her again a fortnight before her anent. I called with respect to a notice about some of her property which was taken by • water company in Monmouth. She talked on that occasion quite coherently and Manually. I got a note from her to visit her at York-boss. Asylum, In Battersea. I saw her. She described the manner of her arrest to me thus: She heard • knocking at the deer, and desired the servant to sea who it was; she wu told that two or three persons waisted to see her; she then went to tne hall, to speak to them dirmigh the door; she said the servants opened the door partially, and then they got into the room; she said sesnethiag to them, bat one of the women mid, Thera is no sae in what you say—you must come with an, and dm do not come quietly we must put this strait-waistcoat on you" (palling one from under her shawl) ; that when she cried out '?larder" they threw • shawl beer her head toning hermits; theists° war toned Into • carriage, and so taken to the asylum, without my change of clothes. She described all this quite eolterently, but with great grief. She said she would attempt to escape, but she was afraid of getting over the wall, she was so short. She told me to take every means in my power to het her released. I want to that Commissioners of Luaacy in the first instance. I saw her • second time, with my brother, who is • solicitor. She said she did wit know who signed the certificate for her imprisonment. I could nut fled who signed it. I maid the ma tron for it, but I did not get it. I went to Leiril Ashley, one of the Commissioner of Lunacy, he knew nothing of it. 1 sew Mr. Caroming ; I asked if he knew where his wife was. He said be did mot. Hs did not know by whose authority she bad bleu taken to York-house. He said he knew nothing at all about it. I then west to Mr. Imo. He refused to ere me. He re leered me to Mr. Inagerfield, his solicitor. I saw Mr. Dangerfield. I said I was referred to him by Mr. Inc, and wanted to know by whose authority Mrs. Cumin( war confined. Ile said, if you put the question is writing an an swer will be given. An answer was retuned, but ao informatics was given. The next time I was refused admission to the asylum. I knew sealing further till the second day of the inquiry before the tominissiesers. Mrs. Cullman told me s h e was quite undefended the first day. She saw Mr. Haynes there, and spoke to him about her defence. Cross-exanslassi by Mr F. Theslgw—l am an attorney now, but sot in premise he myself. 1 sew Mr. lace fre quently. 1 have se doubt be woe deism of preventing the match et Mrs. Ilespse. I den't reeeliest diet Mr. lees wished Mrs. Commies le fatrelleem Ilene almlining did Interfere. I WM odieltor he U. Claimileg he en Of mean years. Harranial wee than lima SW • yore TM Red Howie in Newport weal* dYgiiW Mete. It was Let on • repairing hem. Meer the pupas It was worth meek more. Some mbar pads M this wasted /*- pain. The ditabdes endher of 11,. mes the ' tg. M marag, *die was drimped epee the led Douse. n • amestry - bed Moms la mem hem the aim repair of the Mid Nsfals. I het on seem ea the Ammer eemahrha meat M Mr. Herm h so Mend of muse. I was remit et her NUM WINOS Mr. sal Mr & Csisming. I enamls/14" urea them. Oa one THIS DAT, NOON. ONION Of ofINL. OtriMal of Mai Sift of Me Woodier. MAW. Gesti• DMA& lair. Th. mama Erna ths following plans did ant nseit this talcs is tins be publieation yosterds_y ; they thane:us Judicator tin state of the weather ea Tuesday Taansing at alas yoke. Lenora B.C. rasa S. Lozano ...... LW. W. Vant,l* aged, Bard Wind Cloudy Wen Orme Sled—Bala G_us arms fait Ointle Prase Omar& Me& Ilessee aselleme-1 Or NEATII RAILWAT.—This report their Aaaaai.l tits to be, that oat of 791 lineal awthaehod then retashowow oneapowlai SPAM., oh/ that AIN hes the latter ma oh hods re vised he wawa by previous ash, there will rootalls surplus of ROM. v the Ilkeston will seek pewee to apply for the peogoosi estwaskia of the boo sad other works, estiarOwl by Mr. Brunel, their engineer, at [AdrtrthettlerLl—HOLLOW• Y'S OINTNEVI. AND Ptua rea Orr or MOM Ls— r.. Mandeville, M llMMean. I arrel far um" larearra rib bird ram Yfar Ira. Sr. wdairrllr •••••••••11drard iotararat ufir add was =roaradar row rum. sad fla =NW rho to mar la *I rora otr fader ast rimy% Cidonot radar la rat rd aria aridirs rut world aurler, fir la •dr arm Sr um& lairs daMeid. awl dr re et bar Ira ma ram* peratoi. rid dr last malt areal oda • dr Warr —Or W raises ; oaf at Masai IMMO Irrifirmort. fr. Illnor. Dtemai i s k ort.l 4 Tam RIIIIIMON CILAIT. lb. a e . SIIIIMINS • lbs *Wm* "to Ileadas het (by tee Motelleg Sert swilse at the pro. prietare). Me Peolemil It Itipmellie ill Mai the orisem. woo perrkserly Erik VW awry maim es may sip 11* INN" maw a taw at dr Ihnsmisi Mewl ChM 0 Os miss impair 8 It Ire. le hos hurl =4 Pam= mos laws • a aim suit e mild sio anew So la et Tottrmy, sit toy tfflay ptiebater mbossedbiepisle d I s tesditse • Ctret et the ybd. via be sided beam_ Oellsto a anti•ot IND Ml%wok pm * ill etglimillt• • *mu WI4 iisst•ess% kat" THE EXPRESS, THURSDAY EVENING, JANUARY 15, 1852. Rau Intelligence. EQUITY couirrs.—YiurrzaDAT. v.CIWICILLOR &II IL ILIMML/ZT. CLIIIIIVITS O. BoW?4.—ItAILWAT LIAJIILITL DENuituam. This was a demurrer Fotiii;niolequity cad for want of parties to a bill algid by the plaintiff, Benjamin Clements, on behalf of himself and all other the shareholder., accept the defendants, in a proposed company all the Hull and Lincoln Direct hallway Company, against the defendants, who formed the Nuance committee of that company. The bill stated the projection of the company in the 1814, and the various ciressastauces antecedent te!ut application to parliament for a bill. it then stated that its act was applied for on behalf of the projected company, Milli a sum of 26,2.501. was suacribi fur and deposited with the ac countant-general in can !amity with the standing orders, and leave given to bring in the bill; that the bill was, how ever, thrown out by the House of Commons, and the scheme fell to the gruund. It then stated that the dere-- dean were appointed a finance committee, and the sole mensgernent of the funds of the shareholders was placed in their hands, and they were authorised to make out the ac aunts of the money subscribed and to be answerable to the shareholders in respect of all caste, payments, and expenses. It then stated that the sum of 17.. 6d. was returned to each lithe shareholders upon the sum of 21. paid on the shares ; Hat the plaintiff refused to accept this payment, but de- Beaded a return of the whole deposit paid by him upon his shares. Tho bill then prayed that an account might be taken under the direction act the court of all the moneys re ceived by the defendants in respect of the deposit of the shareholder., and that the surplus, after allowing for all costa, charges, and expenses paid by them might be apportioned rateably amongst all the shareholders. It appeared that the plaintiff had originally taken 500 shares in the company, but had Nohow guently purchased, through his broker, 310 other shares, which latter shares he had deposited with a third party, by way of security for certain money to which he was liable for costs in an action brought by him against one of the defeudants for recovery of his deposits, but in which action he had failed, and in respect of these latterehares he had accepted the 17s. Mr. Matins and Mr. Miller appeared for the demurrer, and Mr. Willoock and Mr. White in support of the bin. The Via-Chancellor, without hearing counsel for the bill, said he should overrule the demurrer. Tho first ireend of demurrer was, that a sufficient account had al le* been rendered by the defendants, and the plaintiff emelt net to be allowed to sue the defendants solely in re spent of such matters. Now, whether the account was effildentory or not, the rendering of an account could not pelmet a person from filing a bill, to have an glinnlat taken under the authority of the court. no mood ground of demurrer was, that the plaintiff Slehapp peopsded under the Winding-up Act, and tae hieing provided that mode of settling doe abbe et en imbeete railway company of this knell, ebb sweet ought not to allow the plaintiff to proceed again the defendants by filing a bill to have an account taken. Now, without stating whether, if there had beea an existing order fur winding up, he should then ban sip lowed the bill to proceed, he was clearly of opinion it wee not a good ground of demurrer to say the plaintiff should not have his remedy by bill, merely because he might apply fur a winding up order, and that such application might prove successful. His Honour by no means took it for granted that such an order would in this case be grauted, but es to that he would give no opinion. From his own experience he had been led to this conclusion, that however great might be the difficulty of promoding under a suit for this sort of purpose, the mieshief eseadoned to all parties was mach greeter by premed* under the Winding up Act, but the reel IlleSedell was whether the legislature, in providing a remedy under this act, had excluded the re medy by bill flesh anaking certain individuals who had received hems nemiher of shareholders account for the mosey, filer aliening fee all costs, charges, and ex penses incurred by dim. ewe distributing it pro rata, ac cording to the number of IMMO taken. It could never have been the intention alike legislature to oust the juris diction of a court of equity in such a cage. If it had, then the intention should have been expressed in the act. It was plain that where the court had already jurisdietion that could not be taken away by another sort of relief Win provided, unless under an express direction to that awe. On this ground, therefore, he was of opinion that the dr murrer was not sustainable. Then as to the demurrer fee want of parties. The demurrer itself euly pointed out taw defects in the bill with respect to parties—first, that the shareholders, who did not receive back the 17s. ed. pee share, were not all made parties, the plaintiff himself being one of that dam, as he did not receive that amount wpm some of his 'hare., though he did upon others; end, so• condly, that those who did receive the 17s. Gd. were net made parties. Upon this subject his opinion was that both classes had a common interest in the relief sought by the bill, since those who had received the 17s. Gd. would still have to receive any further sum which might be found due after those who had oat taken the 17s. lid. bed received that sum and after the expenses had been paid, and he was also of opinion, need all the authorities, that where the number of shareholders was so great (as in this case) that they could not all bo made parties, ma of them might sue ou behalf of the rest, and it was clear that whether the others chino to consider it for their benefit or not still they all had a similar interest, and in that repose the plaintiff was justified in filing this bill. It bell dee been argued at the bar that another classes( persona web. to be parties, namely, those persons who had acted as direr tors of the projected company before the finance committee were appointed. Now the only persons mentioned upon the face of this bill as having the management of the &Wiles of the company were the finance committee, and though it might well be imagined that there were other persons who hail acted as directors, still what appeared open the bill must be taken to be the truth, and for the pupae of this demurrer it must be considered that there was no other bodyef directors different from the anew* imenvelttee, but suppose there had been such a separate body, they could have no interest distinct from the other shareholders in respect of the particular relief sought by this bill. If the bill had sought to make the directors liable for any mis management of the affairs, then the nue might have been different; but it only 'eked tor an account and distribution of the monies received by the finance committee, after allowing for the costs, charge*, and expenses. Under these circumstances, he considered that the five individuals who constituted the titmice committee, and were made defend ants to the suit, were all the parties against whom the plaintiff, according to the statements in the bill, need pro. aced to obtain the relief he asked for. The demurrer must therefore be overruled upon all the different grounds raised on behalf of the defendants. COURT OF QUEEN'S BENCH.—YESTERDAT. Strruseues Ilusco.—lllemeas loss Criersifu., Ka. lam= P•rrs.os, MIL MTICI COLMOOII. •211) lle.Josnes WIMITILM Sia G. COCENTEN AND OTIIIIIII O. Till CIMICHITML DENS ♦ND °MOTEL or ST. MARTIN-IN-TNI-FIRLDS. —UNITED SEKTICE INSTITUTION.—JEDOMENT. Lord Campbell gave judgment in this ease, which had been argued before his brother Coleridge and himself. The court was of opinion that the meessment upon the appellants wm properly made. The United Ser vice Institution was founded, and appeared to have flourished, before the act of which the appellants now sought to take advantage was in existence, without being brought within the act, and the court hoped it would long continuo to flourish. They were of opinion, however, that the order of sessions and the rate appealed against ought to be confirmed. COMPTROLLik Or TUB HOUSEHOLD. Lord Mulgrave took the usual oaths before Mr. Justice ' Wightman on hie appointment to the °Mee of Comptroller of her Majesty's Household. COURT OF COMMON PLEAl3.—YzazanAY. Stemma is Sacco.--Ilareas (m lemma lea t% Me. JUIRICE MAULS. Ma. Jessica CAMIWILLL, 41.0 Ma. James WILLIAM... • WARD Y. LOILD Lon 01311011 Or OM.—Tai DEAL A.XD Dov aa RAILWAY COMPANY. This was an action to recover, as money had and received, the amount paid by the plaintiff ss deposit upon certain shares allotted to him in the Deal and Dover Railway Com pany. The defendant was chairman of the provisional committee of this company, and the ground upon which it was sought to make him liable to repay the money paid by the plaintiff upon his shares was, that the consideration upon which the payment was made had totally failed, the' scheme having been abandoned. The trial took place before the Chief Jastice at the last sittings at Guildhall, when a verdict was found for the plaintiff for 210/., the emount claimed. At the trial Mr. Serjeant Byles, for liird Londesborough, tendered a bill of exceptions to the summing up, for the purpose of taking the opinion of the Court of Error, but this course I was subsequently abandoned. Mr. Serpent Bytes now stated that as the bill of excep tions had been tendered be had no leave to move for a non suit, and his motion would therefore be for a nee trial, upon the ground of misdirection. At the trial a circular letter and a letter of allotment were admitted in evidence, but it was now submitted that this evidence was impro. perly received, inasmuch as, first, the circular letter required a stamp secondly, the letter of allotment required a stamp ; and, thirdly, there was no evidence of the sending of the letter of allotment to the plaintiff. The misdirection complained of was that the Chief Justice, notwithstanding these objections, admitted the circular and the letter of al lotment in evidence. 767i;,.;;,pa.. said Mg Uwe had hen dishiest in the Court of Error—of mane bind* wen lib amt. which disposed of the points soh; there wesl4 there fore be no role. Rule refused. In the ease of " Beardshaw v. Lord Londesborough" a siailar motion was made, and tho court refused the role. COURT OF EXCHEQUER.—YgrnaDAY. arrow no BA.oo.—Fhtromt rev 10s. QM. DA annr, Ms. BARON Pan; it..e.mem ALDIIMV., AND Mi. BARON MAW.. HOME O. BALDWIN.--LISSL. This was an action for libel which hid been bronsht by Miss Hoare against the proprietor of the Morning Herald newspaper. The can was tried before the Lord Chief Baron it the last sitt'ngs at Westminster, when a verdict wag peal for the defendant. Mira awe sow moved for a rule to sbow cause why tbror amid mei 611 • new trial. The plaintiff addressed lb ma" M peel brag*, and complained of the improper =limilmissible evidence and of the i m p ro p er a d. of et widenee. She also complained of misdirection. Mr. luaus Parke said he was of opinion that there Mould be or rale mated. He had listened with attention to the siliptioos et the &iota; and could sot dimmer any ground in point of law for granting a new trial, or any mason to believe that subetautial justice had not been dune in the case. The rule must theta's* be refund. The rest of their lordships concurred. Rule refused. ROTHsCHILD r. Tire Roe tr. MAIL STIRAM-TACKET COM - l'AMY.—Tag GOLD DUST RUIISSUY. This case was tried hefts' des Lord Chief Eaton at the last sittings in Londe., when then was a verdict substan tially for the plaintiff en the general issue, but his lordship directed the verdict to be entered for the defendants upon two of the issues, reserving leave to the plaintiff to move to set diet entry aside. The Attorney-General now moved, pursuant to leave re served. The action was brought se recover the value of • boa of gold dust, which the defendants had undertaken to convey (ruin rename to the bank of England, (or the plaintiff. The box in question was one of eleven belonging to the plaintiff, which formed part of a still larger number which the defendants had brought to this country, (ruin Chagres, h►ving previously conveyed them from Panama to that port. This valuable cargo was ►added safely at Southampton, whence it was forwarded to London in • goods train, four servants of the Mail l'acket Company travelling in it for the sake of security. When the train arrived in London it was dis covered that the boa in question had been stolen, and, from circumstances that subsequently transpired, it became apparent that the rubbery either took place at Winchester or between Southampton and Winchester. At the trial the jury considered that sufficient caution had not been used by the defendant.. in providing safe carriages for the conveyance of the specie, and that proper vigilance had not been exercised in guarding the gold duet ugainst the attempts of thieves. Upon this ground the verdict passed far the plaintiff, and the jury added, as a special finding, their opinion as to the negligence. The direction of the Lord Chief Baron, which firmed the ground of the present motion, was intended chi, fly to rake the question of law, which was whether the loss fell within the exemptions in the contract of the defendants as carriers. The court granted • rule to show cause. MIDDLESEX SESSIONS!-YERTERDAT. Barna Majlmui.wr Apau% AntirrAsr 'coos AT EKTHAMALONAHT CASS OP ASSAULT. Frederic' Scar€h, described as a captain in the army, surrendered to take his trial upon an indictment, in which he was charged with having committed a common assault upon John Theobald. The learned counsel, in opening the cue, said the jury would find that the conduct of tho defendant toward+ the prosecutor had been of a must violent and unjustifiable character, and they would nut he thought have any dile , catty in arriving at a verdict of guilty. Having shortly stated the facts the learned counsel called _ _ Tho prosecutor, who said his name was John Theobald, and was a gentleman. About 12 o'clock on the night of the 16th of December he was in the Haymarket with a friend, with whom he got into a cab, and directed the driver to go to Charlotte-street. When the cab stopped and he had got out, he was attacked by the defendant, who was holding up a cloak ho had on to hide his face. He beat him with a cane, he was knocked down, and when he got up he was struck again about the head. One of the blows cut his ear, from which blood then oozed, and for three or four slays afterwards he had two bumps on his head as big as walnuts. Ile saw it was the defendant who committed the assault, and he gave him into custody. In cross-examination by Mr Ballantine, the prosecutor said the cabman was in attendance as a witness he believed. The friend he had in the cab with him was a Frenchman with whom be was slightly acquainted—he had known him for two or three years. His name was De Noor. They were going to Charlotte-street, not to his own Immo ; but to pass the night with two ladies. The ladies were in the cab as well as the Frenchman and himself. He had never seen them before that night. Ile had not seen them since. Captain dearth was alone when the assault took place. The captain had threatened to give hint a good horsewhipping sines the summer before last. That was what he had heard. The defendant never challenged him to fight a duel. Never sent bim message demanding satisfa,tion for his injured honour. Was a gentleman. Did not know what a gentleman was in the sense implied in the question, " what he meant by gentleman ?" Mr. Ballantine—have you not been an omnibus driver? Prosecutor—Nut for a living. Mr. Dallantine—Will you swear you have not been an omnibus driver ? _ _ Proeecutor—l am a gentleman ; but I have driven an omnibwi by way of arnuaemeut. Mr. Ballantine—Have you not been an omnibus cad ? Prosecutor—Certainly not ; I never did anything to earn a living. Mr. Ballantine—Mare you not travelled about the country as a clown—and performed as clown in booths at country fairs, with a pawn named Frazer? Prosecutor—Yes, I did. I travelled about as clown with a man and performed, but I don't know that that man's name was Fraser. (A laugh ) Mr. Itallantine—Then you have been a clown. Was that for amusement ? Prosecutor—Certainly. (Loud laughter.) Crosresamination continued—Pint met Captain &arch at Ostend. I never invited him to my house. Never. I never asked him to come to my house. Ile never came to my villa. Ile came to en hotel where I was staying —once on my invi tation._ . _ was he not then most brutally as- -Not at all. Mr. BaUantine—Why—was ha not assaulted by you, and did not a woman, who was heist; with you, pitch a pot of beer in his eyes, anal beat him with the pot. Prosecutor—Yes, certainly, but he kicked her for it. (In continuation.) He told me something about her, and she overheard it, and threw the beer at him. I struck at him. I might have given him two or three blows, I shan't swear anything about that. His face was covered with blood. I don't know that ho was confined to his house for two or three weeks with black eyes. When I struck him, he struck me, and we went up stairs and fought it out. Ile was the victor. He beat me. (A laugh.) A prizefighter was there. Ile was a friend of Captain ticarth's. He in troduced him to me. I did not ace him strike the defendent. We all dined together, me and my lady, the defendant and his lady, whom he brought in his brougham, and tho prize fighter. I will not swear that the defendant invited the prizefighter there. I don't know who did. Ho was not taken there to assault t he defendant. Be-examined—The defendant told me that my lady had been taking liberties with my servant, and I struck him for it. My groom and defendant's coachman were in the kit chen, and my lady went In to take them a glass of grog, or gin, or brandy, or something, and the defendant said she had beet, taking liberties with my groom. She happened to hear what he said and threw the pot of beer at him. lie kicked her for that, and I then struck him. Ile struck me, and then we went up stairs and fought it out. I had the wont of it. I have seen him since. I met him in Regent. street, and we made it up. I did not know that he had black eyes. James 3lagnan, a cabman, stated that between the hours of twelve and one, on tire night of the 16th of December, Mr. Thoobald engaged his cab in the Haymarket. He saw the defendant, who had been walking up and down by the Cafe de I'Europc, get into another cab, and follow. When Mr. Thoobald got out of his cab, the defendant alighted from his, and holding up his cloak so u to screen his face, went up to Mr. Thoobald and commenced beating him with a cane. lie knocked the prosecutor down, and when he gut up the defendant hit him again. Witness laid hold of him by the hair of his head, end held him until a policeman came up. lie was then taken in charge. Mr. Ballantine—And what became of the other man who was in the cab ? *linen-26h, the Frenchman ran away 'cos he was frightened. (Laughter.) Sergeant 'it itham, 19 E, proved taking the defendant into custody. Re made no resistance; admitted baying given Mr. Theobald a thrashing, ;and gave up the cane. (It was produced.) Mr. Ballantine then addressed the jury for the defen dant, whom he described as a gentleman of high honour and gallantry, and an officer who had served in Spain with distinction and credit, as a number of his brother officers wbo were in attendance could prove. The learned counsel then proceeded to say that in this country the public peace must be preserved, private quarrels must not be pleaded as I a justification of a violation of the law, and be should, therefore, admit that the jury must find the defendant guilty of this assault, he had himself avowed it; and under whatever circumstances it took place, it could not now he urged that he was justified in adopting the course he had taken, but it might very properly be urged that he had acted under great provocation, and under the Impression that he was bound so to act ia satisfaction to his honour,which the prosecutor and his lady had outraged. To tight a duel was, in his (the learned counsel's) opinion, contemptible and ridiculous. Thu man who would take part in such a transaction was not only without justification, but he was I , absolutely ridiculous, and so profoundly absurd, that he ought not to be permitted to walk alone but in the army there appeased to exist, espe cially in regard to these matters, a higher order of reasoning than mere laymen were blessed with, for officers in her Majesty's service thought that the best of all possi ble; modes for the satisfaction of boner—the avenge of In sult, and the arrangement of private quarrel —was to fight • duel, and that if a man did not resort to such means he was considered a poltroon sod a toward, an estimate of character which but very few English officers had the moral courage to stand against. Now, he was instracted that the respectable and gallant defendant, Captain (earth, had rightly, as he who bad seen service under the crown o f Spain no doubt thought, but wrongly, as every right minded person would think, demanded of the prosecutor that satisfaction gentlemen sometimes did expect to receive from each other for the cowardly and brutal u welt that had been committed upon him by the prosecutor, his prize fighter, and the lady ; but failing to receive it, he had, feeling that he was bound in some way to resent such conduct, and to punish the principal perpetrator of it, resorted to the infliction of • caning —an act which, no doubt, according to the law of the country, could not bo justified whatever view might he taken of it under the laws of military honour. The defendant denied the fight up stairs. lie had no chance against the three, including a lady who could so elrectually handle a quart pot, and he had treated the prosecutor in what he considered • highly proper manner, without the least intention to do him any personal injury of a serious nature. The learned counsel then urged that the complaint lino& by the defendant to the prosecutor as to the conduct of his f. lady," was in all , probability not made without cause, and proceeded to say that at one time, when stage coaches and four were a little more in vogue than at the present day, it was a fashionable thing for young gentlemen who, like the prosecutor, never did anything to earn a living, to show their capacity to handle the whip an d reins, in con verting themselves into coachmen, and driving fear in hand into all part. of the country ; but, as stage coaches were now rather a scarcity, no doubt the prosecutor thought it equally a fashionable amusement to two omnibus driver, and no doubt that would in time become quite • fashionable recreation. Equally doubtless was it that the prosecutor thought it a poculiarly fashionable thing to as sume the character of a clown, and as such go through ail the antics and grimaces required of those extraordinary in dividuals at country fairs, though indeed he might have thought, like a philanthropist, that whilst he was doing so for his own pleasure, ho was at the same time amusing the public by his folly. Ile had never before heard of a gentle man turning clown fur mere pleasure, and, to say the least of it, it was • curious and • novel occupation fur a man of fashion. It far surpassed wrenching oil bells and things of that kind ; and playing the clown was rather extraordinary under such circumstances. The learned Judge said men about town often played the fool. (A laugh.) Mr. liallantine would say in conclusion that the French man the prosecutor was with had done what a friend of his used to call showing the back seams of his stockings aa quickly as be could, and with the remark that the pro-c -cutor hail not been seriously hurt or wounded, that the de fendant had acted under a mistaken view of what the out rage upon him demanded, and, admitting that the caning was not justifiable, ho should leave the case with the jury and the court. . . . The learned Judge, in summing up, said if it were tole rated for parties to take the law into their own hands there would be no safety fur anyone ; and what a state of things would he the result. The stability of this country was owing to the respect the people had for law and authority ; the baton of a ronstable produced order amongst hundreds. There was no Lynch law when a magistrate went to read the Mit Act in a root', and persons who set the law at de fiance and took it into their own hands must be taught that they were not to do so with impunity. No justification was offered for this assault. and the jiiry would therefore, he apprehended, hate no difficulty in finding the defendant guilty. The jury returned a verdict of Guilty. Mr. Ballantine said there really were officers of distine• tion who could speak highly of the defendant. The learned Judge said there were two circumstances alone that would entitle the defendant to consideration— the one that ho was free from suspicion as to his own con duct ; the other that the revenge had been sought at the moment of the insult. Neither of those were in the present case. Whnterer the prosecutor was, the defendant was his fit companion : and what took place when they were dining together with kept women and a prizefighter, did not ex cuse an assault committed six months afterwards. The defendant—My lord, I was abroad and could not meet with him. I'ho learned Judge said the defendant knew where the prosecutor wan. A challenge had been talked of ; either it was; given or it was not. If it was given, he must have known where he was to be found; if not, then his counsel had been falsely instructed. Ile should cert►inly send him to prison, not from any sympathy with the prosecutor, hut by way of punishment for a breach of the law of the country, and out of respect for public justice. lie then sentenced the defendant to a month's imprisonment in the House of Correction, and to enter into his own recognisance of 1(101., with two sureties of .501. each, to keep the peace afterwards towards the prosecutor. Tho defendant was driven to the House of Correction in his own brougham. -- --- THE POLICE COURTS. MAILYLEBONE. Richard Grange, 6Y,lCildintiton-street, a person who for some time past has attended as an advocate at this and other police courts, was charged with having embez zled money entrusted to hint to pay into a county court. Rose Adel Aide Bonnet said—l am the wife of I#iuis Bon net. I have known the prisoner for a long while, and he has done business for us as a solicitor. Mr. liroughton—llas he ever sent you in a bill making a charge for his services? Witness—No; my husband has settled with him without any bill. My husband owed Mr. Moore, landlord of the Duke of York, St. John's-wood-terrace, 61. 2s. for which he was summoned to the County Court, and an order was made upon him for 61. 3s. I Id. including li. Is. 6d. the costs of the suit. The order was dated the I.lth of No vember. In the early put of December, my husband being laid up at the period, I told prisoner to do all he could to gain a little time, and he came back and informed me that Mr. Moore would wait a fortnight. At the end of that time my husband went to prisoner, saying that he had souse mousy ready, and that if he would call he would give it him. lie did call, and I gave him 31. 3s. Gd., tell lug him to pay that to Mr. Moore in part payineut of the debt. Ile assured me that he would pay it, and bring back the order to show that he had done as directed. When he next came ho said the remainder must be paid by the Bth or 9th inst. My husband asked him for the paper, when he said he had not got it, but would bring it neat time he called ; he then went away. Ills words were, that "It was all settled, and ho need not be afraid." My husband also asked hint if it was all right, and ho gave the same answer. Yesterday I sent my daughter to Mr. Moore, and in consequence of what she communicated to me upon her return, I went to the prisoner's house. I saw Finn in the street close to his rest• deuce, and said to him, " Mr. Grange, I want my papers, ' for you have not paid the debt; " he wax then not sober, and the observation he made to me was, " It's quite right, the money is at the County Court, but hey didn't go to the proper place to receive it. " I said to him, "If you hove really paid the money down, let me have the papers; " and be said he would call upon my husband this morning at 10 o'clock. I wished hint to come last night, but he would not. Mr. Broughton characterised the case as being one in which the public generally were deeply interested. The prisoner had received money fur a specific object, which ob ject hail not been carried out; and he was not quite cer tain that prisoner had not, under 7 and 8 Geo. IV., c. 29, see. 49, rendered himself amenable to transportation for not more than fourteen, nor less than seven, years. It was, at all events, a case which he should, no doubt, upon another day, feel himself buuad to send to another court for trial. lie would take bail fur the prisoner's appearance again nest Monday, himself in 1001., and two sureties in .X)1. each. _ . lie was then locked up. The prisoner is a regularly admitted attorney, and for many years took out his certificate, which ho does not now possess, although still on the rolls. SOUTH WARR. Thomas Brown, a salesman in the Borough Market, was placed at the bar before Mr. A'Beekott, charged with vio lating the person of Hannah Cowan. The complainant, a girl between 15 and 16 years of age, having stated her case, Mr. Parker, a surgeon, gave testimony by which it ap peared that a capital charge was sustained against the pri soner, who declared his innocence of the alleged offence. Ha was committed, but held to bail, himself in 1601., and two sureties of 801. each, to answer the charge at the next 81:411101111 of the Central Criminal Court. TUAMES. Bert°lo Mayo Argenti, and Francisco Morel, Italian seamen, formerly beton; iss to the British ship Al berta, of Liverpool, who have been in custody one year and nine months, were brought up on remand before Mr. Yard ley, charged with the wilful murder of Peter Oetland or Gotland, who was one of the crew of the same vessel at Mobile, in the United States of America, in April, 1850. The case has been already stated in the Daily News. The prosecution was instituted by the crown. Mr. Yardley said, having hoard the whole of the evidence which counsel for the crown could produce, it was now his duty to commit the prisoners for trial at the neat session of the Central Criminal Court, for feloniously cutting and wounding l'eter (legend, on board a British ship in a port out of her Majesty's dominions, while they formed part of the crew of such ship. lie was not going to commit the prisoners fur wilful murder, because there was no legal evi dence of the death of the man. The prisoners would stand committed for the crime of feloniously wounding Peter Getland wills intent to murder him or do grievous bodily harm. LIVERPOOL, JAN. 11. The sales to-day are :—Sugar, 00 hbds. Jamaica, 301.6 d.; 126 bags dates, 24.45. Molasses: 200 casks inferior Antigua, lls. 6d. Finnic : 560 tons Savanilla and Zapati, 2f. 151. to 31. Sapanwood : 10 tons at 91. 12s. 641. Bees' wax :24 packages American, 130 s. to 140 s. L ambler : 70 bales, 161. 6d. COTTON.—Ltveurnot., JAN. 14.—The market closes with spirit and a hardening tendency ; prices of all kinds are a shade against the buyer. The accounts per Europa are said by holders here to be in their favour. Prices in the States are littlo changed. The receipts were not great; about 90,000 bales at sea. The sales to-day are 8,000 bales, of which 500 are taken by exporters, and 600 on specula. tion, They include 480 Pernam and Maranharn, at 4td. to OP. ; 150 Bahia, at Md. to 51d. ; 200 Egyptian, at Cid. to 61d. ; and 700 Surat', at 3d. to 31d. CORN.—Beame LEY, Jan. 14.—A moderate attend ee°, at this market to-day, anti a fair amount of business was trans. acted. Wheat was very dill, and scarcely realised the rate, of last weak, but we cannot quote any alteration In its value. Barley add at an advance of fully Is. per qr. Wheat said at from 14a. fid. to 17e. par three bushed. Barley st from 295. to 33a. 6d. per qr. BOSTON, Jaa. 14.—We have had a good supply of Wheat at market, and a fide amount of begonia doing at lam week's rates. No material ebange la the value of flats or Beans. V. best, red, 37a. to 395.; Irene, 4.te. to 41a. Oats, 19s. to 21a. Boma. 24. to 29a. par qr. - • CHICHEATER Jan. 14.—We bad a large supply of Wheat at this dye market, and last week's pekes were with dal. catty obtained, eves for this drymt /ample. • Werke samples were folly Is. per qr. know. barley was also la vied @apply. We harem, alteration to notice la Its value. Oats, Beane sad Pees as before Wheat, ele to 445. per qr. Barley, 345. to fed. Oats, 17s. to IN. Mass, 30s. et 31s. Pees, Sts. to 32a. Flour, 30a. per Wk. HATWAIID . II HIATII, Jan. 14.—The trade hero to-day was very quiet, arid prises remain about the same as no this day seltalght for all sorts of grain. white, 101. to 101. 12a. ; red, 91. Sa. to W. ISs. Polley, 245. to 211 s. Oats, l:s. Id. to les. Gd. Iliac,, 21e. to 30s. Nee 494. to 30e. NEWARK, Jan. 14.—We had a liberal supply of Wheat and daft; MOM*, Ness, sod Pees too3enite; as the corn market Ude day, osteittlntimdlor the omminsa of grala being partially dalladaretell, all was alma elt Moe red Wows were (Mel lain Am mmsnmpelon mad epopaladea. The same applies to eared mini of malting Illancd. Mast fully sapports. aim Berke :amedik Mat welt's petam. Oala, Derwa, sad Pots without earls lon. Mama prices : What. IMO% {Moto 40a.; aura, 40.6. ,mired, 120. 10 448. Wir qr. ; red, 000 as 40a. ; extra, 41s. &miry, emitted, Sas, to ins.; sun, Ms. dd.; wnilme, 28s. to Ma. Oats, we, Ili, te 1100 ; 3:Ss. to Ils. Beam, Yaw. *do to 800 ; old, Ho to AO Perry an boders,olls, 00 Us. RUMFORD, Jon. 14.—Our market to-day was heavy, owing u. the dunipn-re of the etuther musing moot ample. be very much ont of condition. Prices : Wheat, lie. to es. inn Key. 28e. to 325.; rioting, 240. to 27.. Mtn% Ins. to :YR beano, 23e. to Sao. Ivrea. Via. to 3o s. ityc. 2.35. to 27e. Stocerom-ON-Tees, Jan. I4.—The srrivals of grain from the coast ton.' m.• moderate. This morning we ha... a Irma! supply of %clic .t from lb. farm!,., which meta it.< PM., at YU IMI , AINT 4.1 111. per quarter un last weelea currency. In Mak, and Oats there is oo dune. coastw Baum, 10. per qr. cheaper. Imports dunce Me wet :-... Wheat, ise 174 qrs. CATTLE, ot.e.—Csi scuts., rs.u, Jan. 14.—A good supply of stock this dJy• /glees miter better for the salient than but motet. Wes not very brisk. Beef, lot and prime, 3a. 4d. to tn. oul; ink nor non, la. ad. to as. Soutlicoun fat Mutton, 4a. to 4n. 10.; nor quality, 3.. Gd. to bd. Vent, fiat, 34.11. 1...rk, 3.. 44. to b.; Qt Ilona, al. to 30. Id.; owre ritta, as to 1411 A I L. to 204. each. • • LEEtol, Jun. I4.—There hu been a large and good .how of horned cattle at this fair to-4y, and a our erour alenflaffee of basere. The lumbe•r of c.ftt:e waa 730, a loch sold at sr. fat. to ofi. 4,4 per atone of Viltof. There were were al.. S,froff an en. h surd at id. to JO. per lb. A few pool pens reified Gd. p r e _ . • • • - M011../..N.: Oltltor r.tirt.r. MAILKEY, Jan. I3.—Th e demand f r .tore Ited.ta I.U! continues, and tb attend.. eof ,h unt grarners and .1. Mena in ea•da Mall I.IIIIM But the rupply ... n o t made: t to meet the .4elmold, aurora ntly every head of I AMC wad dixowed of, /11111 141•11111101 ortp• were fill.y Maintadi.d. Store l'om and l'orkci. were trtught eamer. tioeldittk 411... m ala from I. r. to I.a. each; but choke tow Calve. fur weaning make 11, to .as. each. ltostronn Jen. 11.—Our supply of stork to-d4y at mar ket was very limited, and trade henry, :4 ratio r 1...10w Wet so k'• prices. Beet, 3.. to 4.. Mutton, k 4d. to la. 3d. Veal. .f«.:,'. to 3s. Ind. Ptak, 3.. to U. 10.1. 50CT1141.1., Jan. I I.—Our supply of Beef sr,ay hh•at, and It re dlartl «bout I iPt week'. retro. Of Mutt it we ha I 1 ot•t and prior ruled lower. Trade fur teal to utter. Polk made .m 1 tweeted rat. Met f mole inept la IWI. to le. bd. Mutt, n J. to 4P. Irk. Vetl. Sp. It. to 41. Pd. Pork, 2s. bd. to Zs. W. per sloes of Mt..., making Ike offal. SHIPPING INTRLLIGENCE. room our correoprOsolo,the Mop 4R tlonotio," sad " Lloyd's la.t.• CASUALTIES. Bertha (brig), from NlCifolk,V= to Liverpool, with a cargo of suglr coil Campy:why wood, founrkred in lat. :Os N. lon. •A/ W.; crew lauded ut Lisbon, by the llerschel (American barque). Clarence: (s.), Wiseman, bound to Sydney, N.S.W., has put back with less of ruicennast, 6;:e., haring been in con tact last night, off l'oint Lynes, with the Gladiator, Meseek, from Dantzic ; the latter has lost jibbuom, and is leuky.—Liverpiol, Jan. It. Independence, Martin, trout Belfast to this port, went on shore on Jersey Reach, near Shark River Inlet, Dec. 2.4 during a snow storm, and remained with 61 feet water in her hold ; crew and passengers saved ; cargo (salted) ex pected to be totally lost.—New York, Dee. 27. Lyra, Rankin, of Liverpool, from Gothenburg to Ramsay, LM., went on shore yesterday at Cullen ; crew Banff; Jan. 10. SEABOUNF. MAILS. [N eigniflen that the male are Pent from the Oceeral r the night—end M by the inorning—desp.itch. Illay wins mule up From sum C01:441M 1D Is graft: Poet- tort 1 Whoa OM ce Lender. ,thvutthed. the. --...... Araerth(l r Crit.radutt 14 Jan. IS Ank.r.. AO/V aned Stan.. packet) II Jon. 27 Liverpool Jae. 21 Amcrtc ,, ,b2U.NtateopYll • Southampton t Africa ( West Curt) ...N .1 its of the month Flymooth ... reh. 3 Ikea/ Weis* N I lthat3Oth of mom I Dover avhfitun ........... ..... NI , may 'Dover • th.-. 4 Mani Je 4th of the intnthlSouthaa,,,ton. j a ., la Mc. no., Aye. 14 4th of the ta..,:th.Suuthatnioen. JAn.lO Caltlornia(via Chaves)), I Imht 17 (hot month I Sou t hamptoc. Jan. 20 Care at Moat Reim. •• 11th CI the toonthlPlentooth. Feb.3 Comitsatlaspie ......„ lt ; thl7 th 27thef trom!Dover Canted Amartha . _....111 tidal/Ih°' in. etb Itiouthaseptne. Jan. JO Channel Wes ...«....... tllea., Wed..Sthrld. routhampton. Tu Thoth ChM ... _.,...111 1711.01 the munthitiouthanapt.o. Jan. 20 France Nth It rerier daily !Dover .1reeec.............—......N 711117th27thof nom Dove Limburg .. ../1 Monday le Yriley Lemke look. she :lollasul ...=.7 ". ....,:..11 Weds... & rir:er. Leedom .tion.Tlm Honduras ...............N 17th of the mouth pi.e. Jae. 10 Irolun,l it IS EWA* daily.. . tholyberd triads. India (via Puu , hampt thl 10th of the mouth southeacquo., Jan. 23 In•tls (via thersethon) 91 Sthillelithut month Dever Jen. 18 Nett i tenons's( via Swath ansporD lB 201 h of the month Southampton. Jth. 23 Dittinvia llmeeilles) II lithiallit of Meath Dover Ilesam ... II god or ths mouth southamptoe. Feb. I Madeira ...... ...—.....11 iota of tie moon. Soutthetpuse. Jam. 16 /data* —. . § Dh.170,12tit.2:01 .' 1 ithOthnfthentonth lIReT 'Jan. IR Napke• .21 SthlSth.:Sthof mm Dover Papal Adm. ............91 Still IttaSthol anon Decor {annuals ....«......o. II 71111711277th0f mon ntalthampthr. ;Jan. 18 Peru ....... .......... ...... .2( 17th of the month Southamptut. Jan. 20 r orc.my• .....T 4 ithlSDOStiolo.on Dover West IsrPee II 17th of the mouth Southampton. Jan. lii We t tad e... , !except lb I yenta. 210 N moth ) )Ii a.t of the re. .It tioothumrtoe. Feb. 3 • Tte 'awl. to Mom countries thus ithrked (•j are 01.1.,C) Inl by meth packet via Ithracit.v. AU/11V Aware Moaarei-off Deal, January 13, fr0rn...........M. Maniere AM. CA 11141:ItIA --off Deal, January 13, tram Westward Amoy -elf Deal, January 19, from ALIIIIT -II: taltllOUth, .141111•15 13, frees Omits A Lan 41. t- at Queenstown, January 13, tem...... WING C.4111.-11t Falmouth, January 13, MAIL.... .............. ....Mem= Kura-at Spacemen, January 13, from Seville !my listitesama- ut Cowes, January 13. ham. ftlo Janeiro Haunts-et Falmouth, Jan. 11, own-. ..- ........... allarmartilla loasau-a-at Plymouth, January 12, fre1;,..... JANWIIII-at Plymouth, January *2, from - C. Vecchia liras.-at Liverpool., January *4, from Darlington Idtwords-at shit Ids, January 13, from laments MART Jura-of Dover ' January 13, from Panne Nlll4 -St Falmouth. January 13, from -. Ablatidrie PIASIMIULA)II.O: -at Graeiiiend, January 13. from St. Michael's Prioarrno-at GUTtlet d, January 11, from ./14. Michael's Pacm. pore. -at Torbay, January 13, from Landon &mita -at Queemtown, huntai ro y i , from ....... Mourklue reentiton-ell local, January 13, ......lenterara al a lit. Pa am- off Deal, January 12, from New York 1011•1131 A-st Falmouth, January la, from Taganrog Truax-at Valuenah, January 13, bum Wawa Vivacious-at Deal, January 19, trans.. St. Mich/elk Wm ext.-oat Eatneanti, January 13, tram Tarawa( WAXIMILEiI-at rano-mei. Kotula, January 13, tram. War occasion I beard Mrs. Cumming say Bit quiet, here is Mr. Farrar." Re-eiamined by Mr. James—Mrs. Caroming told me that Mr. Cumming owed thousands ; his satires' was not known. People who suppose they own only life estates arc not very desirous to keep houses in firsteate repair, particularly at the age of silty. Tho other houses were occupied, except the Red House. I have no interest in the matter. To Sir F. Thesiger—l first heard lately that I vras•le gatee on the will for 5001. To Mr. James—l acted ideal's with kindness towards Mrs. Cumming. The steps I took for her release were entirely prompted by kindness. To e Commission—Mrs. Cumming told me that if she repaired the lied House and let:it,the address of her husband would be known, and he would he arrested fur debt. That was the reason she gave for not repairing it. To a Juror—Mr. Cumming was in a very feeble state of health when I saw hint after the arrest of Mrs. Cumming. His room was furnished comfortably enough. 1 did out ace the other parts of the house. The inquiry was then adjourned. IRELAND. DUTLIN, JAN'. I t. A meeting of the gentry and ratepayers of Mayo, presided over by the Earl of Lucan, was held in the Court-house of Castlebar on Monday, for the purpose of protesting, fur the last time prior to the asocia -1 bunny of parliament, against the payment of the an- I twines, without previous inquiry by a committee of the House of Commons. Lord Lucan and several others spoke on the occasion, but as there was no thing new in the arguments put forward to sustain their position with regard to the payment of these moneys, it would be quite useless to occupy space with any detailed report of the oratory. A petition was adopted, which is to be entrusted for presc na tion in the (louse of Lords to the Earl of Lucan, and in the House of Commons to Mr. 0. 11. Moore, who was present at the meeting. The Conservators of Fisheries for the Dublin Dis trict, pursuant to the powers given to them bythe ' existing Fishery Acts, seized yesterday morning, though their inspector, two very large cases of sal oon at the terminus of the Great Southern and Western Railway, which had been consigned front the South of Ireland to some London fishmongers for ale. The statutes of Thurles have been promulgated this week in the dioceses of Cork and Cloyne. UNIVERSITY AN]) CLERICAL. Oxsoki), JAN. 14.—1 n a congregation this morning, being the first day of Hilary or Lent Term, the following d were conferred, viz.:—Muter of Arta: Rev. Edward Fos, Fellow of New College; Rev. James Murray R. Bawling, James lAwrenee, Brasenose College ; William Frederick Smith, St. John's Culler. will also be conferred on the following dam viz. : clay. lan. V, Feb. 5, Feb. 19, March 4, March IS, and Saturday, April 3. The Regius Professor of Pastoral Theology (Dr. Ogilvie, of Christ Church) intends to begin his course of lectures of the present term on Tuesday, the 17th of February. Such members of the university as are qualified to become scho lars in theology, and are desirous of attending these lectures, ' are requerted to call upon the Professor on Saturday, the llth of February, between the hours of 11 and 2 o'clock. CAMBRIDGE, JAN. 11.—EXAMINATION, EP—NT Tutu, 19.1.1.—The following will be subjects of examination in the Lent Term, 1843 :—The Gospel of St. Luke ; Paley's Evidences; the Old Testament History ; Ilerodotus, Book viii. , J 1, Satim 10th and 13th ; Elements of Euclid, Books i. and ii. ; and Arithmetic. VOLTN TTTT THZOLOOICAL EXAMINATION IX NPIT MICMAILLNIAS TIMIM.—On Tuesday the 12th of October next, and the succeeding days, there will be an examination in the following subjects:—Thu Greek Testament; The Apology of Tertullian, to the 16th section inclusive : Eeele siastical History ; the Articles of Religion ; and the Liturgy of the Church of England ; which examination will be open to all students who !have at any time been admitted ad respoiodendwn quarationi; or who can produce certificates from the Regius Professor of Civil Law or his deputy, of having performed the exercises required for the degree of bachelor of that faculty. The names of those students who shall pus this examination to the satisfaction of the exami ners will be published in alphabetical order, and registered in the usual manner. Immediately after this examination there will be an examination in the tint twelve chapters of the Second Book of Samuel, and in the Firt Book of Chro nicles, from the thirteenth to the twentieth chapter inclu sive for such students as, having undergone the former examination, shall offer themselves for this : and the names of the persona who having passed the former shall pane this examination to the satisfaction of the examiner will be published also and registered in the manner already de scribed. Persons desirous of presenting themselves at these examinations mast signify their intention of so doing on or before the 10th of Oct. next, by a letter addressed to each of the examiners, who are, the Regius Professor of Divi nity ; the Margaret Professor of Divinity; the Regius Pro• fuser of Hebrew. NAVAL. PORTMIOrTR, JAN. 14.—The Southampton, 50, Captaia Cory, sailed yesterday evening from St. Helen's, for the Medway, to be paid off. The Fury, steam•sloop, Commander Tatham, arrived today from Woolwich, having on board a quantity of cabin furniture for Admiral Dundee on board the Britannia, 120, at this port. She has come into harbour to coal and land the above furniture. The Retribution, 28, steam-frigate, Captain Warden, having completed coaling, has hauled off from the coal depot. MALTA, JAN. 9.—HER MAJP.aTT'd SHIPS AND PAcsava.—The report of the ships going to OM gains ground. The admiral, however, will not, it is said, go out with the fleet, but will hoist his flag pro tens. in the Tra falgar. indefatigable is under orders to proceed to Corfu, and there relieve the Phaeton. She will sail about 15th inst. Scourge may be daily expected from Leghorn. SPORTING. BETTING AT MANCHESTER—TUESDAY. METROPOLITAN HANDICAP. Not • bet laid on this rtes. CHEATER CUP. . . 41 to I eget Itareetoot (t treelWl 40 tot yet Bleak Doctor (taken) 41 to I Canterear (timely) 140 te I Riegleeder (t) Haresfoot and Confessor were backed for large sums at all prices from 100 to 40 to 1. At the close no one would lay 40 to 1 apt either of them. DERBY. :,00 le 23 sick Elageten (t) I 600 to SO lot lilies (t) 000 to IS Wonaereley(t) I DAILY WEATHER TABLE. TRVMADAT, JIM 15, 1832. The Mats Oita Weather et ea& et the tellewies pines et Mee .'elect yester= a4 reakm. The swam we eneettei 4 *edge et Owns et et Ems.: nBB Wrenn& 8. w s t &Ms et Weather. Psimens S. OM Owecest Ilimersi LL Oda Overcast Eminseis Oft Omer' tommermer. S. One' erten, Oweirt taminao ..........„ Oikt Overast tywoususe . —... LE. Ow* Boom Overeat GUM WICEI W. ends Draw ()Teresa Orme LW. Oils Cloadims I i UMW. Oda Hazy Lamer.. _. , LW. EWA Bream Few Mamma Cris..—. Cuureum......... Eaanassami E.! aim F O EO Boarsaur S.W. Mow limn Overcast Oil Noisily Cloudy NUMMI. ..... I L$.L Gm* emu 1 Ram - i.B. saulted ? SAILXD. ADAX Lotus.-trorirardiff, January 11, to ....... ....... C4lffe74 ATALAXTA -from 11:,Iyhe.d, January It, to ll.lO Wanda Alluvia-from UtICCIIIIOIIII. January It, to Lambs Auomrs-from Liverpool, !mum y il, to lllO Janeiro ADAUXA-from Liverpool, January 11, t 0....„....„ Brinol Ilsuana-from Liverpool, January 14, to ...... Corti Cusysnars-treat Longue), January It. to Utina Caritiniss -foam Briatol, January 11, to Barbados. CONQUTIODZ-from Liverpool, January 14, 10 New York Cuo -from Liverpool, January IL to ....... Antwerp ECTIICA7I3-front Oravevend. January 14, to t l y4sey keinsaanue-horn Gravorn4, January 14, t0..........Amterd0m Eautai -from Liverpool, January 14, to Nantes Cr tuaaivr-Iran ohielda, Jan. 13, to New York Vannes -from Liverpool, January It, to Jamas& FALCJX -troop Liverpool, January 14, to. Aeons liaosos - from Liverpool, January 14, to Nantes Gnosis -trona Uverpool, January 11, to Bap.ODO llvaia-hoop Liverpool, January 14, to toms MX Ohl, a 11l 1.0:4-ttum Portsmouth, January 14, to New York IMCNINNAX-4LOM Gravesend, January 14, to ..... ........ 7.e .N al , and ,r. JONO moor-front( to - Boatload, Jan. 14, ...Lierucrars LADY Aux-fromOnseeenil, January 11, to lereeus LOMA Las-iruca Liverpool, January 14, to %ants Luca Aims-from Liverpool, January 11, to New Orleans MAT MAXXAM- from Ltvarpool, January 14, to Africa !Lou Nixing-from kri.wl, w..... R JLueizo Niany--h Queenstown, January 12, to London NaTTVIng tramßri-tol, January 14, to Nana-hop Liverpool, January li, to .113.. Michael's Woo-from IliktetoL January 14, to ........ .......... ....... Valuntia Pmmuia-hum Liverpool, J , nano l4, to Baltimore humus -from CarillA January 1 2, to Bombay Monax or ras SA rn-from Portsmouth. January IS, to rit Mtchael'e Or. Pizzas-from Liverpool, January It, to Nantes SLATLX Hollow-from lavetpool, January 11, to . Agorae Six Bauman-from Liverpool. January (4, to Tricots Wm. hinus{tam Orave.enJ, January 14, to Bermuda Woopuou Curti-from Liverpool, January 14, t0...AU:1 , 340es Mumma-trout Liverpool, January 14, to Philadelphia VESSELS SPOKEN WITH. Marquis of Bute, about 30 lasso( New York. inwardboun I, Jan. I. Syrian (barque), from A 4 :Antra tar Qua ruatown or Falmouth, Jan. 7 La. 39,0, lon. 10.30. William hick...lion (thumb batrine), Deb. IS, tat. 19, lon. 17. BIRTHS, MARRIAORS, AND DEATHS. BIRTHS. BETHUNE.--Jen. It, al the °tend range, Brighton, the wile 01 IL Bethune, Erg., of a daughter. CALDLOOTT.—Jaa. 10, the wt • of A. ectdreott. Eq., of Gloucester - girder', llyde-park, of a daughter, mil-born. CUAILLIER.—Jan. 11, at Portrmonth, the wtfe of Mr. G. Charlter, 11.111.'s Ordnance Department, of a too.DOM— ._ IVILLL—Deo. 26, at Naples, the wife of James Graham Dom• vale, E.q., of a daughter. FOOTNEIL—Jan. IS, at Andover, the wife of 11. natal., Fag„ of • OM LE/:AM.—Jan. to, at Atielpld-street , Glasgow. Yrs. A. Leckie, of • MOD. M'I.AREN.—Ian.II, at Forth.street,V.inburgh, Kn. M(•Lucn, of a daughter. AIENDV.A.—Jan. 12, at Carlton-silks, Alaitla.rale, the ink of A. memo, Pp., at a daughter. MARRIACIRS. iLACKFII—BURRANT.—Jan. R., at St. Marffiret's pan.h church. South Rhoham, by the Rev. M. J. Tracker, Eatrisib Cholain at Brunch, the Bev. V. N. B. blacker, Vicar of East and West Hui hare, Norfolk, elikot son of the late LleuL-Col. V. Blacker, C. 8., thirvelor.Cii 04 cal of hulls, to Jane. youngest &tighter of Li. Pu rest, Esq., Muth khalissa flail, Suffolk. KM BERl4.—Jan. A, et et. Chad% Church, 11.'+fk:.I, by the Ker. E. %twitter, Mr. T. Emery, of Mostoill, nesr field, to Emma, eldest daughter of the late Mr. W. Ch.ta.abers, of heecon4treet, Lichfle:d. 110 WAT —CR AW FORD. —Jan. 12, at Ann field-place, GlGsauw,bs the Iten. Mr. iddan, Mr. W. Mow.d, Wool MEL firidieli, to hisfl's eldeet demister of the late A. Crawford, Olenrose, islaz..l of Arr..n. WIIIOIIT—LLWIS. —Jon. A, at %Volyerhatopton, by the Tier. P. Deeper; Mr. WrAht, ‘1 biter, york.e,ro, to Emma 11.. T, rlntrYt daughter of Mr. J. Lewis, of It. (kw:gee-parade, Volt, rb imptom DIAI LIB. 1311A1,R.—Jan. 10, Edmund Prank,, eld..at ion of & Beale, Wert Omar., Ldgbadon, aged 27. BEAVRR. Jan. 11, at Raysmater.hlll, Marla norm, nr:iet of Capt. P. Beaver, R.N., aged 72. CLENIMAN9.—Jan. 12, Sophia, wife of fr. 1. J. Okinawa., of lin tßaoisAtrett, Clty.mxid. COL 410BOUN.—Jan. 9, at Wed Ciillogr..atreet, Edinburgh, Ch kite ElizabeW Reid, wiled M r. T. Ouliiutniun, E i lighurog, 110 PRON.—Jan. 11, at 28, Alfred-14a Wert, Thurleea l uz ge r: Poster, yindirst eon of Capt. llopron, student at Trauty Oxford, aged 10. NEVlNtioN.—km. 11, i w d Umuy, only min of & Malmo% E.q., of 1 tusperl. awl lagargn'a-inn, aged two. Printed and Ip3ilkalaat HAIM lila = orem, in the 121, lainass i , ?diner. et the GININnill strintr SO MOS 11133. / 1.1e 4 A1 pen cos o , ln I have bee 4 y„H.49Y oo saw 13.2 A Sl i b vr 1114,61.; The a hl th tiu WO , Pa ri Menlb The M OCT Dec- 2 Jaw p ( NE A TI &alts,. . aeong,. i;f! r Pm the owlaw aiwt Iw halt Ida ode be A. It sacsuiii y IF ~a u 4 1 tb.• watent Cure 2. de Dect s al .oul In can,. 224. and I.! h' Yes 1.,r t yonnit Dr. Al one. le 'I lie Au. submit attniti the cu. " may fr and th dicane . Immix which Ist, A a free youth closets " 1 . 1 " Al raider and th desert' on hitches from would onsekl sad M of the T the wi Indust be g it will The i tian r prison T tainin with I seek t third and o Thi T I'd, 4,0 , 101 will I whiel may admit 'opal asini• have aiim tian c they . ' Chris and and t are p Ms " Th devis soup- the Lond the c nese the t this s vole, tied TA Dc as to in th dead tidal rend Reg. aide! a wl the tha mere TI It to , Si and shot u 10 1 ; S. that, the she Ilis lntl trio his trite that 1 tna the spa eta the tat ism taL Dee asp the self Tag hie ht. ap e , Mr. oat peal mar upp ne t jury