The Express. — London, England, 1853-02-01 00:00:00

ibe Court. WINDSOR, JAN. 31. The (amen, accompanied by the Duchess of 's, s , t ag, walked in the 11.. me lark this morning. The loyal chi:dire took their usual walking and pony ISOCItts accompanied by the children of the royal visitors. p r i nce Albert, accompanied by the Duke of Nemoun and the Ilue. Charles Murray. sent ont shooting this forenoon, attended by Colossi the nos. C. B. Phipps and Lieut.-Col. F. II Set or. ur. Toe Viscount and oenentess de Redeliffe have hers l a s.csd, and ..rs s specs d 'lnc 11 .n. Ctiartes A. Murray left the Castle this atter own for 1.04d011. A a..put aims to present a memorial to the government in retTreuce to public improvements in the borough of South war. hail an interview with Sir Wm. M.lesworth, yesiee. d iv , a the Office or Works and Public Buildings, in White he The depots:Oen con , isted of the Rev. W. c rector, Mr. J. Putley, churchwarden; Mr. J. Conner. churchwarden; Mr. A. Pocock, overseer; Mr. J. Stevens, chsirman of the heard of guanlians; Mr. T. Marin, Mr. J. White, Mr. C. Anderson, Mr. 0. W. cr „. 4 , Mr. W. 11. Mathews, Mr. W. Bobber:, medical n th ; , r, and Mr. J. D.ey, vestry clerk. Viscount Palmerson has returned to town from his teat, btoadlands, Hunts. Colonel sibthorp, M.P., bad to inter ve„ w ith his lociship yesterday at the Home-office. The Chancellor of the Exchequer and Mrs. Gladstone ar rived in town yesterday Irons Moor Park. li,spa•ehes were received at the Coloniaholllce yesterday fry the Oneernor General of Canada and the Governors of the other Notth American provine.s. Despatches were also received from the Governors of Hong-Kong, the Mauritius, Cefern, and Malta. MUSIC. EXETER-HALL Handers oratorio " Solomon" wan given here last ii i,ast by the London Here." Harmonic Society, the per &manse being preceded by the dead march in " Saul" and' pr. Cellcutt's mouudy " Forgive, blest shade," as a tribute of r sped to the memory of Mr. T. Harper, sen., whose sudden death was recorded in this journal some days since. Mod. rs 501..m0n," although nut one of the greatest, is far from being the weakest nt his oratorios, as it contains 111X0e choral writing which, in grandeur of conception and sustalued power, is fully worthy of the composer of the " Messiah" sod " Israel in Egypt ;" while many of the sir , and solo pieces are characterised by such grace and &honey as to contrast agreeably with the massive @gbh miiy of the choruses. The solo singers last night were al, Birch, Mrs. Temple, Miss C. Felton, Mr. Locke'', and M r . Lacier. The first-named lady was especially success ful in the recitative and air, " Can I see my infant gored 1" which she sang with great pathos and expression. Her air, 1.140, Beneath the sine," was given with that graceful simplicity which its character demands. In the trio, " Words are weak," (in the judgmeut scene) it were to h oes b e en waned that Miss Hutch had been better sup ported ; the effect of this movement was some what marred. Mr. LocLey, who ranks as one of our best tenor linKen, sang hie music with care sad intelligence. The songs, " Sacred raptures " sod " See the tall palm." so florid as to belong almost to the bravura style, were given by him with more flexibility than is usually possessed by so sonorous a voice. Mr. Law ler, too, who is well known as a careful and painstaking sin;er, was an effestive solo bass; his piwerful voice filliug the hall, and his declamation in the recitatives being spe cially worthy of notice. The chorusses wore occasionally indhlinet, from a tendency to hurry, and a timidity in attacking the " points,"--defects which will probably dis 'pi ear on a repetition of the oratorio. In any future vr ferment*, some previous care should be bestowed on the chorus, " With pious heart," the extraordinary and beau tiful chromatic progressions iu which were s.dly spoiled by the uncertainty of the inner voices. The hall was quite filled, and the oratorio listened to with that reverent at tention, which is one of the signs of the improved stanuard of the popular musical taste of the day. QUEEN'S CONCERT ROOMS. MADAME PLEYEL'S SOIREE 3iit:slCA LE.— Not withstanding that '• the season" may be said to be as yet hl itsculirst inning. the fashionable w 1.141 thronged the COW cerr•ruim in Harmer square yesterday es ening to hear per. formed the attratuve bill of fare which Madame Pleyel hai prepared for their entertainment. They were doomed Se meet with a slight disappointment, in the first instance, is consequence of Madame Florentines sudden indisposition sod the necessary ezclusisu of the music set down for that lady in the programme ; but were, however, soon restored to good humour by the announcement that Madame Doria, a Hungarian lady, who happened accidentally to be in the room, had •olunteered to sing a piece or two in order to fill up the blank. Madame Darla's debut, although made under such unfa vourable circumstances, was entirely successful. She was loudly cheered by the audience, and 'rapturously encorea ice her tint oing (wee of Grist's airs from " creole Borgia.") She possesses a voice of great vo lume and poser, and will, no doubt, prove an acqui &Rion to ;he concern of the coming season. Madmen Pleyel played Liszt's" Illustrations du Prophets" with mag nificent effect, and, with M. &Linton, one of Beethoven's Grind Sonatas, yielding in the latter piece the laurels cheer fully to the male performer. Nothing, indeed, could be more chaste, tinge'', and, at the same time, brilliant, than M. Sainton's elecution of this difficult violin music. The audi ence cheered tumultuously, and demanded a repetition of one or two of the choicest morreauz. Miss Alleyne sang as aria of Rouini's with good voice and method, but rather too mechanically even fur the concert room ; while, on the other hand, the advantage of a little dramatic experience was strongly perceptible in the singing of Miss Fitswilliam and of Mr. Writes, especially of the former—her little ballad, '• 'Twos one Sunday morning," obtaining a hearty encore. The piece de resistance of the evening was Mendelsaohn's quartet, for pianoforte, violin, viola, and violoncello, to name the performers of which is quite sufficient deseriptica of the manner in which it was performed. They were Madame Pleyel, and Messrs. Balaton, Clementi, and Piatti, but, notwithstanding their efforts, it fell set, from its ea treats length, and attracted but a partial notice from the audience. The concert terminated with a serenade and tarantella by Madame Pleyel, in which the styles of the two grs►t pianists, Thalberg and Liszt, were made more po pular than ever with their admirers, by the manner in which their music was executed by this aconmpliahed artist. DRAMA. FRENCH PLAYS, ST. JAMES'S THEATRE. These elegant entertainments commenced last night with the t. of Monsieur Ravel, the celebrated " low " the term usually applied is this ocinatry to his gear*, though the epithet of ' low " is hardly suitable to•style electing which often exhibits very high art. Ravel ran aloe of the same class as Charles Mathews ; awl, Indeed, there is • great similarity between them, *spo okily in the light, airy vivacity which they both porous in seek as eminent degree ; in the cleverness of their by-play, and Is the point and meaning which emly glee to ultweeekma apparently the suet slight OM Rat Ravel is quieter than Mathews, he ihwende upea searMst movement and bustle, and does Mem by the mbar et his features and the exquisite =llldelleeks. lake Mathews_ too, his range is not ; the paste in which they both appear are gene main s MIMI* tar them, and have a considerable re -11 imether. Last night Ravel appeared in Use ehemeters, in whieh this family likeness, as it may be Mink van wry apparent. The bet was on a vaudeville called ..17n Mon d/me qui mit In Femmes ' " whisk was brought let at the Theitre de la Moulmein , about two Mateo. It einem in the garden of the which made a very pretty scene and moving kliass—geople walking about, eating en chairs, reading thejerainak, in the walks and under the trees. Hee air, a young man " about town," who is the " Monsieur gel snit is Dames," is running about alter every pretty Woes be sees ; and in doing so he has several adventures, mil makes several piquant discoveries. At length he fol lane • lady, and persecute* her with his attentions " till, in sal bra for an invitation to dine with him, ski invites hit le p bama to dinner with her. He goes ; b wombat am a superb house; and ill lid by the lady that a party ar• coming to Eimer, and that she bad naked him because it had struck bce that there would be otherwise thirteen at table. Baler is dismayed at the magnificence around him and the Wet of his toilet; and soon finds that his hostess is only making war of him. On every fresh arrival she intro ilaNn as ' Un Monsieur que je ne connais pas," till he is ilhasealltad and covered with confusion ; which is aggra vated whet he finds that a young lady he is in love with is of the party, being the niece of the lady of the house. At length some friends of the family arrive, whose awkward secrets he had discovered in the morning married lady, whose 141 kt-down to a lover he had picked up ; her husband, who had been in triguing with a chambermaid, and a gentleman who had fought a duel with unloaded pistols. He turns the tables by giving them hints of what he knows; and at length (tightens them into a consent to hie marriage with the young lady he loves. The whole piece rests upon Ravel, who is constantly upon the stage from the beginning to the end. la the other characters there is nothing at all remarkable, wept in the way in which they are acted—that cotabina• tion (in the ladies) of ease, quietness, and elegant vivacity, which giv. a such a lifelike air, and such animation, to the ensemble of a French comedy. Mdlle. Lambert and Millie. Emma Fleury particularly distinguished themselves. The other piece was a one act vaudeville, called "York ; ou, Une Recompense Honnfte." In it Ravel performed a character which seemed a twin-brother of the former, end bore the same name, Herter. Of the subject, it is enough to say that the hero's townies's* get him into various 'crapes, which afford ample scope for the actor's drollery; and that " York " is • lady's pet dog which figures on the stage. Huth pieces were received with great applause by a full and fashionable house. Between them " God save the Queen" was eucg by the company, assisted by several Enelish vocalists, among whom His Itausford was the principal. THE EQUF.STRICA STATUE OF TUE QUEEN, to be erected in Glasgow, is approaching completion, and the tri.%t rad of St. Vincent-place has been selected as its site. — n. THE ACHILLI CASE. SENTENCE UPON DR. NEWMAN. COURT OF QUEEN'S BENCH.-YESTERDAY. Srrrumis no BA co.— thou Limo Comm', It& JEnica Cots- - - met, Ma. handl, WISZT ors Ma. Rams Eiti.a. THE QUINN r. NIEMEN. We continue our report of the proneedinip of yesterday in this cue. The conclusion appeared in only a portion of our impression. Sir Fitzroy Kelly followed upon the same side. Mr. F.Phs did not address the court. The arguments of the learned gentlemen being concluded, their lordships were about to eonsider their judgment, when Dr. Newman rose and said, he wished to say a few words to their lordships: he was aware he had no right to do so. Lord Campbell said that Dr. Newman had already had the assistance of five eloquent counsel. The court, how ever, were ready to hear anything he might wish to say. Dr. Newman was then commencing to address the court from a paper in his hand, when Lord Campbell inquired whether what ho was about to read had been seen by his counsel? The Attorney-General said he was not aware of the con tents of the paper ; he only knew of the desire of Dr. New man to address the court. . . . . _ Lord Campbell suggested that it would be better for Dr. Newman to leave the case as it stood. Dr. Newman was quits willing to accede to that course. Lord Campbell then asked whether it would be inconve nient to him to stand while the judgment was passed? Dr. Newman raid it would not be. lie thereupon rase, and remained standing during the time that the sentence was being passed. ?dr. Justice Coleridge, the senior puisne judge, then delivered sentence as follows : Dr. John Henry Newman, I have to pronounce upon you the sentence of the court for the misdemeanour of which you have been convicted ; that of having published a defamatory libel, reflecting severely upon the character of Dr. Aehilli. So much has been said in this case, 'hat it is unnecessary for me to review in detail the former proceedings which have taken Place. The criminal information having been filed, by leave of the court, you have pleaded to it two pleas, one of not guilty, denying the publication, and one under the recent statute, in which you undertake to establish, firstly, that the charges so reiterated in the plea were true; and, secondly, that the publication of them was for the public good. Upon the trial of the lone' so raised it was admitted, sad it is right to state the whole admission, and not to state it partially as your counsel to day have several times done, that if the libel was true, it was for the benefit of the public that it should be published But, of course, unless the chews in the libel, as repeated in the plea, should be SW tamed, it was not and could not have been meant to be admitted that the publication was for the public benefit. After a very long trial the jury were of opinion that the plea was not made out, end many of the allegations in the plea having had evidence adduced on the one side, and the other—to prove and to disprove—the jury expressed their opinion upon all these allegations, but one, unfavourable to you. Within the usual time of moving for a new trial your counsel made no application; but at • later period, when you were brought up for judgment, an application was made that, even then, they should be heard to impeach the Propriety of the verdict, as having passed against evidence. Irelding to a single precedent, the authority of which the court by a rule has put an cnd to for the future, the court granted a rule, and that role came on to be argued. That rule was ultimately discharged, after a very long and able argument. The ground upon which it was discharged was one that might perhaps have been urged in the first in stance, and that might have prevented the court from granting tho rule at all. But the case was new ; it arose upon a recent and most important act of parliament, and it was thought better that the whole subject should be discussed. I, for one, think that no time was lost, long as that argument was, because I think it has served for the advancement of the interests of justice, and has enabled the court to be better possessed of all the ma terials for pronouncing a judgment upon you than it other wise could have been. On discharging that rule the court did not find it necessary to express any opinion upon the propriety of the conclusion to which the jury had come upon the particular allegations as to which proof +Reoffered to them. The court discharged it upon the ground that the jury bad rightly found a verdict upon the issue sub mitted to them; that there was nothing to show that there had been any impropriety in their verdict; and that • second trial could only have resulted in the same conclu sion. But the court also thought, in discharging that rule, and having had reference to the statute, that it was satis• factory to find that when you were brought up for judg ment it was competent for them, and, if competent, they were bound to consider the plea and the whole of the evidence offered on both aides in proof and disproof of the allegations in order to see, not whether the verdict was right or wrong, not whether you had Incurred any or no guilt, but whether the guilt established by the verdict was aggravated or mitigated by the plea and the evidence. The court bad therefore an enlarged duty ; they had felt the statute has east it upon th• m, and they have entered into • consideration of all the circumstances. In addition to that they have heard to-day, as they would have heard in any ordinary case before the sentence passed, the affi davits which you have offered in mitigation of your offence —and, looking to them, I believe I speak the sentiment of every member of the court when I say that, in the first place, they are satisfied that you honestly believed the truth of the allegation you made against Dr. Achilli. (A murmur of applause here ran through the court.) They see no reason to deny implicit credit to the statements you have made to-day upon oath, and they understand, and indeed are prepared to accept and adopt, the frank language which they understood to have been used in the course of the argument, that you are a man in- Fanie of a ffi rming that which you believed to be untrue. expressions of applause were here renewed.) Further that, I believe that the court is entirely of opinion that this was not a reckless or unthinking belief that you have taken up; but that you have—receiving the story from some one whose character you thought entitled to re spect and credit, having made such inquiries as were in your power at that time, having understood that these charges had been made many months before, and had re ceived no contradiction from Dr. Achilli—you have been led to think that you had good groan& for the belief you so entertained. Thirdly, I think it is but fair to believe what you have now stated, that you composed and pub liaised this libel, not from any personal malice that you entertained against Dr. Achilli, but beams you thought that he had 'nailed the religion which you valued above all things in life, that be came openly and speaking as an eye witness and porddpoter, OW ii S T may almost say, in the transactions to whisk he end that therefore it was extremely Imputes% et Birmingham, to which place he led elms, to Me charges by an exposition of his character, &triodes tbseeby from the authority with which they would otherwise ISOM to be clothed. This brings me to the next and mesa impor tant part of the case, the actual truth or falsehood of those allegations which you put upon your plea. Now, in address ing myself to them, I cannot, of course, adopt the stress and unqualified language which your advocates have used. There are many cireunistanvewhich, after all that has bees said, Judea, one to pause before one adopts that extreme and strong laaguage. In the first place, there is • greet improbability in the story which you put forward, taken IS • whole. One can hardly bring oneself to believe, Mat • man, not merely so wicked, and wicked for ee= years, but, according to your statement, so l esely wishatiebould have been, as it appeus un asbe was, caressed, honoured, trusted with C li mmn i kato and unfit employment in the Asia= imp thole sbureb, until it appears he had lapsed ha his faith boa that church. Another circumstance assost fail to arrest the attention of any one who has regards* this eels duos, me we are bound to do, the motives, •o eel s SINS have been put forward to the witnesses wee ems has Italy to support the truth of the story. One of them spin to bee hewn been divested to came Imre tee the balsam elf holy chunk and the Nether of Owl. Vsaissbis ammo aafiesbeidly. Nose more likely to loss bill ussisissasi and thoughtless witnesses, who were to spook to noels tranasetioas, into error and ezaggeratiou. Another eircum. stance, also, could not but press upon the mind of the cave, vie., the *strews difficult —I may say the almost entire impossibility—for Dr. Ac h illi effectually to contradict the stories which were repeated of him In Italy and the other parts of the Continent, seat if they were untrue. Meek use said of the difficulty under which you had Ir boored in bringing witnesses to this country to substantiate your allegations . I have no doubt it is true ; but dillies/a, is not the right term to use in the case of Dr. Achill, • man who had left the Roman Catholic Church under • sod tame from the Holy Inquisition, and who therefore wield have found it almost, if sot absolutely impossible to iodises any witnesses to come here ; either to detract from the duo Teeter, or contradict the statements of the witnesses in your behalf. These are circumstances which we think the jury were rightly entitled to consider. If we were considering now the verdict of that jury, they would enter largely into our consideration. I am trite aware they do not apply to the whole of the case against Dr. Achill* ; but they were certainly most material to the parts I have already alluded to. Yet, after making all these allowances, and taking into consideration all these circumstances, the court is not entirely satisfied with the finding of the Jury upon thew facts in all particulan. If tie question of • new trial had turned simply and solely upon the facts and upon the finding of the jury son those facts I believe that the court would have had no difficulty, at all events, in saying that there was so muck to question upon them, that they would have desired rho investigation of another jury. But these circumstance' ought, I think, to have been a little more felt by those who have expressed themselves so strongly, as some have dons, with respect to the conclusion to which the jury came. The Vial and every step of these proceedings have been so anxiously attended by such a numerous clam of people, that it is quite impossible to say that some may not have come here supposing this was a question between the two churches of England and Rome. Any considerate man, however, who thought of the matter for • moment, must have seen that the church of England, at least, had no interest whatever in the matter. If you had been shown to be, what the information alleged against you, a wilful, and wicked, and bitter slanderer, the church of England might have said. with regret I speak it, that you were no longer within her fold. She might have gone further, she might have appealed to writings, in my opinion at least, invaluable, which pro- ceeded from your pen whilst you were one of her members, in which, great as was their ability, sound as was their doe trine, urgent es was their teaching to holiness of life, nothing was more remarkable than the tenderness and gen tleness of spirit that pervaded the whole. Nay, she might TITE EXPRESS, TUESDAY EVE,NING, FEBRUARY 1, . 1853. have gene further, and even in those controversial writings, of whisk you were the author, en her behalf, while you were still among her inembein—although the argument might sometimes be severe because it was just and unan swerable—even in your writings on matters of controversy there was nothing like personal bitterness. If, on the other hand, Dr. Achilli was all that you represented him to he, , the church of England might still have said that he had not bean born within her fold, that he had sot been taught in her schools, it was rot her discipline that had formed Lim. She might have pointed with regret to another church, and said, however bad he may be, I, at least, am perfectly free from any blame with regard to him. And she might have gone further, and said that though sae had left the church of Rome, yet under whatever circumstances he had done so, he had not been honoured or trusted by her. Now, these remarks I have made because 1 think they are so obvious to every person upon consideration, that it is but fair and candid to those wan have had to do with the earlier part of these proceedings to state this much ; it is but just to suppose that these considerations may have worked in their minds. The duty of the court is, however, not confined to see whether your guilt is miti gated. It is also bound to consider the whole case against you ; and here lam bound t point out that the plea, as the libel made it necessary iu the first instance, sets out • great number of charges, and that all we have hitherto been saying with respect to the evidence of the case applied only to portions of those charges. As to the residue, some evi dence may have been offered, tome fur one charge, some for soother; but as to some, no evidence at al. was offered, or the evidence that was offered was entirely insufficient to make out the charges. Now, it has been argued that, sou posing we believe the case to be proved as to certain of those charges by strong evidence, the guilt as to the rest may be presumed. The proof may, it it be carried so far, raise a probability ; but upon such a probabi ity no jury would be allowed to convict, and no court could proceed to consider it as proof in your hi - half ; and if not, it is to be remembered that he who undertake* to being forward a charge against another person takes upon himself the onus of proving such a charge, and ought not to undertake it in the first instance unless he has the beet teasers for believing that he shall be able to prove it. If he fails, he has inflicted an injury upon his brother man without having established a justifi cation for so doing. I regret to say that, passing from the matter of the libel—for atter all that has been said I should but be wasting time if I went into detail as to the particular charges—there is something to be said with regard to the manner and spirit in which it was expressed. Ido confess that when, long ago now, my attention was first drawn to the pages which aro before me, I read these words with in finite shame and disgust. It appeared to me, I must say, as a mete matter of taste, that you had totally departed from the usual style of your productions, and, what was much worse than that, that you had used a scheme and an arrangement in setting out these charges one after the other, and that you had closed them at last in a way which has exposed you to the strong observations which I hope you have heard to-day with surprise as well as with regret. One of the advocates for the prosecution has stated, for the second time to-day, the impression produced upon his mind by the manner in which you have described the last charge made against Dr. Achilli. lam sure no such thing was intended ; but that you, • master as you are of the art of writing, should have expressed yourself in this way, lays you open at least to the imputation of great recklessness in the manner in which you put forward the charge. It is sad to see that, speaking of the reformed church, you should commence with a sentence such as this—. n the midst of outrages such as these, my brothers of the Oratory, wiping its mouth, and clasping its hands, and turning up its eyes, it trudges to the Town-hall to hear Dr. Achilli expose the inquisition." Surely that was not language in which you should have spoken of a church of which you had been so long a mem ber. And the whole course of these pages which lie before me is conceived in the same way; partly in what may be called ferocious merriment, partly in triumph, partly in exultation over the unhappy man whose foul offences you were producing before your hearers. Surely, if you have felt yourself called upon to act as the judge and as the executioner upon a man to foul, so wretched, as you described Dr. Achilli to be, you should have approached that task with feelings of sorrow and sadness, and executed it with tenderness and with consideration. Judges do not pass sentence upon the foulest criminal without some emotion, sometimes, indeed, an emotion difficult to control. Homan nature shudders when we hear of an executioner branded for exulting in the ingenuity with which he tortures and destroys a crimi nal. But you have made and repeated these expressions as if they were matter of exultation and merriment, and, es it seems to me, with utter recklessness of the great importance and the serious nature of the charges you have made. I have now, I believe, however imperfectly, stated the diffe rent points of the case which seemed to me to deserve obser vation. I hope that even in this crowded court there is not a single individual who looks with triumph upon the spec tacle before him. I am sure that the court addressed itself to this duty in no spirit of exultation. The sentence which it is about to pronounce by my mouth is not in tended to be a cause of exultation to one party or the other. It will be meted out to you simply and solely upon consideration of the acts that you have done and the motives which impelled you to do them. I have spoken of the feelings of the court, and I am sure I participate in those feelings. Firmly attached as I am, and I believe I ever shall be to the Church of England, in which I have lived and in which I hope to die, there is nothing in my mind in seeing you now before me but the deepest regret. I can hardly expect that you will take in pod part many of the observations which I have felt it my duty to make. Suffer rae, however, to say one or ' two words more. The great controvetsy between the churches will go on, we know not, through God's pleasure, how long. Whether henceforward you shall take any part in it or not, it will be for you to consider. But I think the pages before me should, upon calm consideration, give you his warning —that, if you engage in any controversy, you should engage in it neither personally nor bitterly. The road to unity is by increase of holiness of life. If you, for the future, sustain, as you may think you are bound to do, by your publications the cause of the Church of Rome, I entreat you to do it in a spirit of charity, in a spirit of humi lity, in a spirit worthy of your great abilities, of your ardent piety, of your holy life, and of our common christianity. The sentence of the court upon you is, that you do pay to her Majesty the fine of 100/., and that you be imprisoned in the first class of misdemeanants is the Queen's Prison until that fine be paid. Immediately after the sentence, Dr. Newman left the court. lee Attorney-General then said that he had considered the set of parliament in reference to the question of costs, but it did not appear any application to the court was no- emear7 2 Sir F. Thesiger said that he also bad looked to the act, and he e inurred with the Attorney-General. Lord Campbell said that the view taken by the counsel appeared perfectly correct. The costs must be left to the Master • if either side were dissatisfied with his judgment, they co uld then come to the court. A WOMAN STABBED BY HER HUSBAND.—Yentor dey, Mr. Jardine, police magistrate at Bow-street Court, attended at King's College Hospital to take the depositions of Mrs. Sarah Fitzgerald, who was then in a dying state, having been stabbed in the breast with a gimlet by her husband on Sunday morning, at their residence, 7, Angel oourt, Strand. Mrs. Fitzgerald, on the book being ten dered, refused in the most decisive manner to be sworn, nor would she utter a single word that might tend' to im plicate the prisoner (her husband), and when asked how the occurrence took place returned an evasive answer, and then added that they (the prisoner and herself) had both been drinking on Saturday evening ; on their return borne some words ensued, but by whom or with what instrument the wound wee inflicted she would not lay, and when shown the gimlet and asked if it was done with that im plement, she refused to answer. At present the husband stands remanded upon such indirect ',cinemas as could be obtained at the hospital. Late last evening the wounded female was described as sinking rapidly. BURGLARY AND OUTRAGE AT TYSOS.--On Thurs day night, after the inmates had retired to rest, a %otter, near to Mr. Chambers', at Tysoe-hill, was forcibly entered by burglars. They succeeded in getting some silver spoons ; and maltreated the inmates—a male and female — in a most brutal manner, leaving them in •condition bor dering on death. The villains escaped.—NortAampron Herakl. CONVICTION OF A POLICE SERGEANT.—At the Greenwich Police court, on Friday, Police-sergeant Bathe, 45 It, was convicted by Mr. Traill, the magistrate, in the sues of 51., or three weeks' imprisonment, for the following misconduct few evenings back he met with the master of a vessel, in an intoxicated state, and he deemed it most prudent to take him on board his vessel instead of lodging him in the station-house. On their way along they called in at a public-house, and the captain stood two bottles of wine to the company round. On the sergeant getting hint on board some altercation ensued, and he accused the officer of robbing him of 251. The letter got very indignant at the charge and and eventually took him away to the station - house, and lo cked him up u drunk and incapable. On the fellow ing morning the captain was discharged by the magistrate, and eke Commissioners of Police directed proceedings to be taken against the sergeant, which terminated as before mentioned. He had been 13 years in the force. ' RATE OF DISCOUNT IN OLASCOW.—The Glasgow ' banking houses have followed up the measure of the Bank of England by raising their discounts I I per cent. Scotch bills at four months and under are charged 4 per cent., 4i per cent. being charged for longer periods. London paper discounted at per cent. under these rates, viz., is percent. up to four months, and 4 per cent. for longer dates. This increase in the rate of discounts has net ' been accompanied by any corresponding increase in the interest allowed on deposits and current accounts, which in the meantime remains as before.—Edinburgh Witness. DEATII OF IRE EARL OF TYRCONNELL, G.C.B.— We regret to record the somewhat sudden demise of this nobleman, who expired on the 26th instant, at the family seat, Hiplin, Yorkshire. The deceased was born in 1790, and married, is 1817, Sarah, daughter of Robert Crowe, Esq., of Kiplin, by whom he bad an only daughter, who died in 1847, and his lordship having no collateral re latives, the title becomes extinct. The deceased succeeded to the title in 1812, on the death of his brother, who died, owing to fatigue, at Wilna, while in pursuit of the French troop.. Another brother of the family, Lord Carpenter, was also • distinguished military commander, and was governor of Minorca in 1716. Thelcelehrated Tyrconnell, who was Lord Governor of Ireland in 1688, was an ancestor of the deceased. At the period in question Ireland was the battle ground between William 111. and his father-in-law, James 11., whose cause Tyrcounsll espoused. GERMAN HOSPITAL, DAMON. The annual court of governors of this institution was held yesterday at the Loudon Tavern, his Excellency the Chevalier Buieux, Prussian Ambassador, presiding. The report of the committee stated that the usefulness of the charity bad gone on increasing every year since its tre• tablishment In 1845, and that in the put year it had re lieved a larger number of persons than in any previous year, and with meant comparatively more limited, in con sequence of the extraordinary expenditure in enlarging the hospital. The number of anneal subscribers had also gone on increasing, but the funds were, notwithstandling, inadequate to meet the demands upon them which were daily augmenting. Though the hospi tal was established far the benefit of poor Germans, it relieved many English, especially in cues of accidents, for the re ception of which the institution was open in the same way as other similar establishments. There were also a large number of English amongst the out-patients, and the com mittee appealed therefore to the English residents of the flistrict in which the hospital was situated for support. The sieject of the extension of the hospital and the possi ble necessity of its removal, was wider the consideration ef a sub-committee, whose report might shortly be expected. The number of in-patients admitted daring the past year was 706. Out-patients : At the hospital, 4,1182 ;at the City Dispensary, 1,202 ;at the W e st e r n Dispensary, 316. Total number of in-patients since the opening, in 1845, 3,513. Out patients, 20,935. Total, 24,448. Ten beds were added during the last year, which formed the temporary Adol phus ward, which will enable the governors to admit nearly 100 poor women and children ; still, in the course of the past year, as many as 278 sufferers could not be admitted for want of room ; some of them most urgent cases. The income of the year from all sources amounted to 2,4861. 9s. 10d., and the expenditure to 2,5011. 91. 10d., leaving a balance of 151. against the hospital. The report having been adopted, the thanks of the court to the president, His Royal Highness the Duke of Cam bridge, the treasurer and sub-treasurer, the medical otli ter., and chaplains, were voted, and the house commit tee and board of management fur the ensuing year were appointed. Mr. Nassox moved a resolution authorising the com mittee to sell out 250/. of' the 1,4.501. which the institution bad invested in the Three-and-a-Quarter ier Cents., which he said was necessary to enable them to clear off debts neces sarily incurred for the ordinary purposes of the hospital. The 1,4501. was not a balance of subscriptions and dona tions which, not being wanted for the current expenses, had been invested, but was a sum which hod been received from the East and West India Dock Junction Railway as compensation for a portion of the hospital garden which that railway had taken. Adverting to the claims of the charity, he stated that, with an income of 7161. for the year, they had relieved 5,600 patients. The number of English out-patients relieved daily was on the average 99; and during the year 165 cases of accident had been re ceived, which, but for the German Hospital, must have been carried two or three miles to the London or St. Bartholomew's. He hoped, therefore, that when its benefits became g lly known to the English residents of the neighbourhood, there would be a larger accession to the annual list of subscribers. It was true that the accounts showed a balance at the bankers of 861., but this was owing to the kindness of certain friends of the hospital, who had advanced the funds necessary to enable them to go oa— ths fact being, that the committee were in debt for trades men's bills between 2001. and 3001., not on account of the past year, but which had accumulated on the accounts of several years. A GOVERNOR complained that notice had not been given of the intention to bring forward the motion. After a brief discussion, in the cunrse of which Mr. Nes son promised that a detailed account of the liabilities of the hnspital shou:d be prepared for the nee of the governors generally, previous to the annual dinner, the resolution was put and carried. _ A resolution of thanks to the chairman dosed the pro ceedings. SPORTING. TATTERSALL'S.—MONDAY. METROPOLITAN HANDICAP. 6to 1 apt Mr. T. Parr's Contentment (t) 26 to 1 Mr. Cowley's Lampedo (t) 26 to 1 Mr. Kimberley's Snowdon Dunhill (t) 30 to 1 Mr. Farrance's Terpsichore (t) 30 to I Mr. C. Liley's Tavistock (t) 1000 to 30 Mr. Wrcford's Wedding-day Ally (t) Contentment, improving upon the price at which he had been quoted in the City, was backed freely at 6 and 7 to 1, and left off with a rising appearance ; it will be seen that be wu also in favour for the Newmarket Handicap, Minster Cup and Derby—the market, in fact, was full of " Con tentment."_ LIVERPOOL STEEPLECHASE. 9 to 1 apt Mr. Muon's Miss Mowbray (t) 11 to 1 Mr. Mason's Oscar (t) 12 to 1 Captain Little's Half-and• Half (t and aft. off.) 16 to 1 Mr. Barnett's Sir Peter Laurie Ole to 1 Maria Day, Forest Lad, Simple Peter, Melford, en Calmer are seratebed. CHESTER CUP. 20 to 1 agst Lord Wilton's Lady Evelyn 25 to 1 Mr. ()ruffle's &areal ow (t) 30 to 1 Mr. E. R. Clark's Constantine (t) 30 to 1 Mr. T. Parr's Trifle (t) 40 to 1 Mr. Osbaideston's Mountain Deer (t) 40 to 1 Mr. Saxon's Richard Primmer (t) 40 to 1 Mr. T. Parr's Contentment 1000 to 25 Capt. Key's Little Jack (t) 50 to 1 Mr. Farrenee's Friday (t) 60 to 1 Mr. Phillips's Truth t) 60 to 1 Mr. Palmer's Goldflaer (t) 1000 to 15 Mr. R. E. 011iver's Babette (t) 1000 to 15 Sir W. Booth's Tremble (t) 1000 to 15 Mr. Lumley's Tickton (t) 1000 to 10 Baron Rothschiid's Leopold (taken) 1000 to 10 Mr. Balfe's Rosalba (taken) 1000 to 10 Mr. Lumley's Maria (taken) NEWMARKET HANDICAP. 9 to 1 apt Mr..T. Parr's Contentment (taken) 12 to 1 Mr. C. Liley's Tavistock (taken) 22 to 1 Mr. H. Boyce's Herbert (taken) DERBY. 10 to 1 apt Mr. Bowes's West Australian (t 11 to 1) 15 to 1 Mr. Powney's Cineu (taken) 1000 to 60 Duke of Bedford's Sittingboume (taken) 40 to 1 Mr. Parr's Contentment (taken) • OAKS. 8 to 1 agst Mr. Wanc7;ip 's Catherine Hayes 9to 1 Mr. Woffenden's The Queen (taken) Cinema Cor.—The following are all We scratchinp that have been made public up to five o'clock last night:— Father Thames, Little Davie, St. Charge, Nancy Martinson, Fancy Girl, Hippogriff, Trickstrew, Gholab Singh, Grape shot, Warhawk, The Little Fawn, Coral, Minerva, Convict, Merry Bird, Audubon, Lady Hathaway colt, Malice, Twig, Chorkah, Eliza Middleton. THE PARKA OF EGYPT'S NEW STEAM FRIGATE FAID OIXAAD. —The passenger list of the Ripon, Penin sular and Oriental Company's steamer, which arrived at Southampton last Friday, included the captain, officers, and crew of the Egyptian steam frigate Faid Gibaad, which vessel had been navigated to Alexandria, and delivered there to the naval authorities of the Puha. This fine fri gate, which was built under the superintendence of the di rectors of the Peninsular and Oriental Company, made the run from Southampton to Gibraltar in five days, with three boilers only at work, against strong head winds; from Gibraltar to Malta in 3 days 22 hours ' with only half her boilers at work ; and from Malta to Alex andria with all boilers working, in 68 hours, against a strong head wind. Her last 24 hours' run was exactly 302 miles spinet a fresh wind and hem freight. The Viceroy, Abbas Puha, being at Alexandria, and having been made acquainted with her arrival, sire, and beauty ordered the Governor of Alexandria to receive Mr. Davidson, the Peninsular and Oriental Company's agent in Egypt, together with the captain, at the Palace, to con vey his thanks for the pains taken by the eonspeay in the superintendence of her building and fitting up. The trans fer of the Faid Gihaed was attended with much ceremony, all the great Egyptian officers, with their suites and • guard of honour, being on bo ard. The English officers were in full dress uniforms, the men in their beet blue suits. At ten o'clock the English flag was saluted by 21 guns, the bend from the Ripon playing the national an them ; after which the English colour was hauled down, and the Egyptian hoisted in its place, and another salvo of 21 guns was fired. A divan was held in the grand sa loon, when each of the officers who had taken out the Feld Gibaad was presented with a beautiful Damascus sabre, the mountings being of silver-gilt, in the name of his Highness the Viceroy, and each of the crew was presented with a month's pay. The sword presented to the captain wu of great beauty, being mounted with solid gold. The Ripon band were also presented with 161.—HammAir• Independent. EMIGRATION Or WanntwEN.—Last week no less than eleven watermen of Greenwich emigrated to Austra lis. This number, it is expected, will very shortly be con siderably increased, as much activity prevails among that body to better their condition, which has, of late years, deteriorated in remuneration. Most of them were young ----- men,j -- ust served their apprenticeship, who had been ar tracted thither by the high wages being now paid to that class in Australia.—Ketaiels Mercury. THE REAL SEA SERPENT.—On the night of Satur day week, when the tide was high and a gale blowing, there was cut ashore at Torduff point, parish of Graitney, a large tree, which was at the time mistaken for some monster of the deep, and may have led some who saw it in far distant latitudes to believe that it was in verity, the mysterious sea serpent himself. The tree is 38 feet in length, and at its thickest part six feet in circumference, and is estimated to weigh about five tons The huge roots are still attached to the trunk, and from one end to the other the tree was covered with sea-weed from one to two feet long, while idly . ring to the end of each strip is a shell fish. The sea-weed was thrown round the tree, as it rose and fell with the waves, like • flowing mane ; the shells made a rattling noise against each other; and as the roots now sank under water, now rose above the waves, there is little wonder that the vegetable was taken for same huge production of the animal kingdom. —Duntfrses Courier. • ROYAL MAIL STEAM-PACKET COMPANY.—The Hants Indevendent Mates that Captain Richard Barton, R.N., tho Marine Superintendent of this Company, is about to retire, after many years' service, from the superintend ence of the company's ships at Southampton, and that he is to be succeeded by Captain Vincent. MOVEMENT OF FRENCH COMMERCE. According to the returns just published in the Moniteur, the eastoms' duties received in 1552 amounted to 139,760,2641., being an increase of 22.607,425 f. over 1861, and 15,063,083 f. over 18.50. 'The receipts of the month of December alone amounted to 13,405,4871., being 3,713,961 f. more than in 1851, and 3,614,631 f. more than in the corresponding month of 1850. The increase on the receipts of the year bore on a number of articles. Compared with 1851, the import duties on coffee in creased from 17,400,7661. to 20,028,830 f.; raw cotton from 12.759,2631. to 15,602,9311 ; raw wool, front 7,281,22.51. to 13,649,7811.; colonial sugar from 20,174,4791. to 25,414,832 t.• and rough castings from 1,861.890 f. to 2,206,609 f. Among the few articles in which a diminution is apparent may be mentioned olive oil, the crop of which felled. Compared with 1851, the duties received on it fell from 5,976,6631. to 3,887,1191. The same cause made the receipts on sesame seed fall from 2,596,978 f. to 1,697,5481. The first six mouths of 1852 were not very favourable for exports, and the receipts on many articles were lees than in the corresponding period of 1851. Since the month of July, however, orders have become more numerous, and the manufacturers have almost all made up for the lest time. The amount of machinery exported in 1852 was 5,835,046 francs against 5,562,070 francs in 18.51 ; millinery, 4,947,614 francs against 5,899,570 franca; wines, 2,436,904 hectolitres against 2,259,162; corn, 4,157,624 against 4,840,826; rough salt, 1,088,839 metrical quintal , against 1,015,942; refined sugar, 160,068 metrical quintals against 159,829; and woollen wove goods 67,396 metrical quintals against 57,554. The movement of the general navigation of French vessels as compared with 1851, shows an improvement in sailing., but a falling off in arrivals. In 1852 18,710 vessels measuring 2,439,704 tons arrived, and 16,398 vessels of 1,863,226 tons sailed ; in 1851 the number of vessels arriving were 17,424 and 2,201,917 tons, and 17,212 vessels of 1,886,269 tons sailing ; and in 1850 16,300 vessels of 2,068,963 tons arriving, and 15,626 vessels of 1,666,189 tons sailing. The Debuts, after analysing the returns, says: "Our foreign commerce for 18.52, although it has somewhat suf fered in certain parts of its exports, shows a marked pro gress over that of 18.51, but the situation calls for an ame lioration in our international relations ; it requires, if we do not wish to see our national productions fall into a state of torpor, and remain within their former limits; if we de sire to see it have a share in the new openings which are being prepared in Asia, America, Africa, and Oceania, it requires, we say, that we should effect efficient modifica tions in a crowd of tariffs and custom-house arrangements, which prevent the entrance of many most important articles of foreign manufacture, or weigh down with excessive du ties the raw material, or the matters which afford aliment to labour and consumption. The connexion between nations extends and gains strength by the same movement; the Held of their undertakings becomes every day more en larged, and it is not by preserving amongst us the old and powerless traditions of prohibition that we shall advance the commercial fortune of France." COLONEL COLT'S REPEATING PISTOL. (From the Chid Service Gazette.) As there is much misapprehension abroad with re spect to the real nature of Colonel Colt's invention, we think it right to lay before our readers the following facts. drawn from authentic sources. People are in the habit of supposing that because clumsy monstrosities, with many chambers and a single barrel, are found to have been manufactured at a very remote period, Colonel Colt has not only invented nothing, bat has attempted to assume to himself the credit of a very old invention. One of these curiosities was pointed out in triumph to ourselves at the Museum in Whitehall-yard, and we were gravely told that the unsightly weapon was in principle identical with Col. Colt's, and that it had been manufactured two hundred years ago. Judging from the appearance of its antique butt, and battered brass mechanism, we had little doubt that our informant's assertion with respect to its age win pretty accurate; but that it re sembled Colonel Colt's beautiful weapon any closer than would the grossest caricature was a proposition which we could by no means admit. The truth is that the notion of having many chamte•rs to revolve behind a single barrel dates as far back, in England, as the time of Oliver Crom well, and we are credibly informed that even the Chinese, clumsy and ill-constructed as all their fire-arms are, have known the revolving pistol for a very long time. Colonel Colt lays no claim to the invention of the broad principle, but to the improvement of that principle, so that it has been brought to the highest possible point of efficiency, and to the invention of an ingenious, yet beautifully simple piece of mechanism, for regulating the movements of the lock and the chambers of the breech. The points of superiority claimed by Colonel Colt for his pistol are, first, the facility with which the six chambers may be loaded by means of a compound lever ramrod, attached to the pistol, which forces the ball so effectually home that the chamber con taining the powder becomes hermetically sealed, and if the nipple be covered with a little wax the pistol may be im mersed for any length of time in water without danger of a mis-fire; secondly, the perfect manner in which the revo lution of the chambers is directed, so that it is impossible to • fire the pistol until the barrel and one of the chambers are in a direct line, and so that there is no possibility of any lateral escape of flame on the explosion of the powder ; and, lastly, the superiority of projectile power, as to force, din. times and accuracy over every other pistol that has been I invented. That the gallant colonel is justified in laying I claim to these, a few simple facts will abundantly testify. Upon a trial by the Board of U. S Ordnance, out of 2,032 tested only one pistol failed in the inspection trial, and this was attributed, by the report, "to the imperfect metal of the particular arm." At the same trial one of Colt's holster pistols was fired twelve hundred times, and his belt pistol fifteen hundred times in succession, and the Board re ported that " Neither of the pistols appeared to be injured by the firing." The penetration of Colt's holster pistol was found to he through seven inches of board, and his belt pistol through six inches, while the greatest pene tration of the common dragoon pistol was only through five inches. In the Eastern Province News we read that Mr. Peard, Col. Colt's agent in Southern Africa (whither large numbers of his pistols have been consigned, with the approbation of government, for the approval of the officers engaged in the Kaffir war), having met with some difficulty in establishing the reputation of the arm, brought the mat ter to a public trial, at a plate called Beaken's Valley. The firing commenced at 200 yards; and out of six charges Mr. Peard lodged two bullets into the target at that distance. The range of the pistol was then tried, and it was found to throw a ball a clear flight of six hundred yards ; and that any object, the size of a human being, could be struck with a tolerable degree of certainty at from a hundred and fifty to two hundred yards. The latest testimony in favour of Colonel Cult's pistol comes from Australia; for, in the Observer of Saturday lest, a letter is quoted as direct from the diggings, wherein it is stated that "Colonel Colt's re volvers are there considered the best, and are bringing twenty-four pounds a-piece." With these facts before us we can scarcely marvel at the testimony of Colonel Jack Hayes, the redoubtable commander of the Texan Rangers, who, after the experience afforded him by the use he made of it during the Mexican war, pronounced this pistol to be " unquestionably the most formdable weapon ever used in battle ;" or at the testimony of the Texan representatives in Congress, who stated in a letter to the President of the United States, that " five thousand mounted men, armed with two of these pistols and a rifle, would do more service than twenty thousand armed in the ordinary way ;" but we do marvel at the tardiness manifested by the authorities of the War-office and Admiralty in adopting this weapon throughout both the services. Colonel Colt has now esta blished a manufactory for kis revolvers at Thames Bank, near Vauxhall bridge, and Contemplates, as we understand, erecting a shooting gallery, affording a range of 100 yards, upon the premises. CLERICAL Rev. John Parker Birkett, to Graveley Rectory, Cam bridgeshire. Rev. George Craig, to Aghsnloo Rectory, diocese Deny. Rev. John Russell Shurlock (Rector of Hethe), to be a Surrogate, diocese Oxford. Rev. J. Smith, to Golden Hill Perpetual Curacy, Wol amnion, Stsffordshire ; value, 801. with residence. Rev. John Smith, to Acton Rectory, !diddled's: ; value, 9681. with residence. ----- Rev. H. Somerville, to Ahinagh Fer,etual Curacy, Ire land. - 14 — v. Robert Stalburd, to Templeorame Perpetual Cu racy, Ireland. Rev. David Thomas, to Llaallechid Curacy, Carmarthen .. Rev. Frederick Van der Meulen, to Thorley Rectory, Berta; value, 6421. with rebidence. Rev. Alfred W ightwick, to Elton Curacy. VACANCIES. RECTOBlZlL—BradfieldWitilitUShbrOOke Rectory, Suf folk, diocese Ely; value, 6501. ; patron, Marquis of Bris tol; Rev. R. DAvers. deceased. Charlcombe, Somerset, diocese Bath and Wells ; value, 2001. with residence; patrons, the Mayor and Corpora tion of Bath ; Rev. James Pears, deceased. Viesits.on.—Ealing, St. Mary, Middlesex, diocese Lon ' don ; value, 6791. ; patron, Bishop of London; Rev. J. Smith, promoted. MASTERIIIIIP.—Bath Grammar School, Head Master ship; Rev. James Pears, deceased. NAVAL. ADMIRALTY, JAR. 31.-Api Mae- ten J. W. J. M'Hall. to Furious; and T. Huss, to Espiegle. Mute's' Assistant., F. A. Johnstone, to Furious; and C. Leigh, to Odin. Boatswains, W. Butler, to Queen; and J. Harris, to Espiegle. Gunner, J. Johnson, aad Carpenter, W. Fuligoine, to Espiegle. MILITARY. A correspondent ;;;sTimmediately after the meet ing of parliament, Lord Palmerston intends to have the militia called out for the purpose of being formed into battalions, and then brigaded with her Majesty's regi ments on home service. It is expected 3,000 men, er three additional battalions, will be added to the Royal Ar tillery in April neat, and that a considerable addition will be made to the corps of Royal Sappers andlldinets. SOUTH EASTERN RAILWAT.—Gross traffic receipts for the week ending Jan. 29, 1853, 12,8411. Bs. 2d.; ditto, Jan. 31, 1862,10,8231. 19s. 11d. Increase in 1853, 2,0171. 8.. 34. SHREWSBURY AND BIRMINGHAM RAU, WAY. A special meeting of the shareholders of this com pany was held at Shrewsbury yesterday, "for the purposes of adopting or otherwise the 32nd clause of the Great Wes tern, Shrewsbury and Birmingham, and Shrewsbury and Clutter Companies' bill for an amalgamation of the three companies, together with the resolutions referred to therein, and passed at a meeting of the Board of Directors cf the Great Western Company on the 30th of December. 1952; and also for the purpose of submitting to tee proprietors the several resolutions contained in the requisition." The R. 11. CLIVat, M .P., presided. The CHAIRMAN said—lt is my duty to brine the Limi ness of the day before you, and 1 shall endeavour to do so with dietinctueu, clearness, and impartiality; and in doing so, I cannot help congratulating the shareholders on the different statements which have been published with reference to this meeting; their good temper Ann the mode ration of their tone is a great credit to all emetics and I hope that that fact may be taken as an indication that we are coming to an amicable settlement of our unfortunate dis putes. 1 shall now place before you the proposals called "A" and " B." The former is on the part of the Great Western Company, and is is the shape of a resolution risking for' the approval of the shareholders to the terms of the guarantee offered to us by the Great Western Company; the resolution "B" asks for either a modification of the terms in a certain way, or to submit the whole question to • committee of the Ilouse of Commons for their decision. On the deposit of the Great Western bill on the 30th of December, clause 32 was found in it, and, as appeared by a minute of the Great Western board of that date, with their approval. The clause was as follows • And whereas the Great Western Railway Company are willing, subject to the approval of parliament, to guarantee in perpetuitythe annual interest or dividend and share of profits next hereinafter mentioned upon and in respect of certain shares in the said Shrewsbury and Birmingham and Shrewsbury and Chester Railway Companies, the respective holders whereof shall, before the 15th day of March, 1853, have formally commuted in writing to accept of such gua rantee or share of profits in lieu of any ether dividend on the said shares registered in their respective name., and shall also have so consented to abide by and shall abide by the conditions specified in certain resolutions of the direc tors of the Great Western Railway Company, under the common seal of the said company, having reference to such guarantee, and bearing date the 30th day of December, 1852; be it therefore enucted, that as respects all or any of the said shares, the holders whereof shall have before the said 15th day of March, 18.53, so signified in writing their consent to accept of such guarantee, and who shall abide by and fulfil the conditions specified in such re 'solutions, and shall by notice in writing given to the Great Western Railway Company at any time within two months after the passing of this act express their desire to accept of the annual interest or dividend and share of profit hereiabefore referred to in lieu of any other dividend upon Of in respect of the said shares, it shall be lawful for the Great Wester* Railway Company, and they are hereby required out of the proper monies of the Great Western Railway Company, to pay to such shareholders as aforesaid in lieu of any other participation in the profits of the sold undertakings, or any of them, a dividend en the amount of the said shares held by them respectively, equal to 31. per cent. per annum, during the first three sears immediately succeeding the passing of this act, and a dividend equal to 31. 10s. per cent. per annum for every succeeding year until the date of amalgamation of the said companies herein pro vided for over and above one equal half-part or share of the Iprofits in excess of the said respective dividends of 31., and 31. 10s. per cent. per annum, which may be earned, and would otherwise have been divisable in respect of the said shares during the said periods respectively, and the other half of such profits in respect of the shares so auaranteed as aforesaid shall go and belong to the Great Western Rail way Company ; awl from and after the date of such amal gamation there shall be added in perpetuity to the afore said rate of fixed dividend upon the said shares such a fixed rate or sum of further dividend per cent. per annum as shall be equal to half the excess over the said rate of three pounds ten shillings per centum per annum, which may be paid in every subsequent year by way of dividend on the ordinary shares or cock in the capital of the united company; and from and after the expiration of two mouths from the date of such notice as aforesaid, and in considera tion of the annual payments so guaranteed as aforesaid, the Great Western Railway Company shall be entitled to re ceive all the dividends and earnings upon the chutes in re spect of which such payments shall be made, and to exer cise all the rights and privileges in respect there of, which might otherwise have been exercised by the holders of the said shares, save and except the right of voting with refer ence Os the period of amalgamation of the said comuanies: provided always, that nothing herein contained shall pre judice or affect the right of the shareholders in the said last-mentioned companies, who shall exercise the right to claim such guaranteed interest or dividend, as aforesaid, to the proportionate amount of dividend out of the London through traffic, which may accrue, or may have accrued to them in respect of their shares up to the uate of the pasting of this act, by virtue of any of the provisions herein an tamed : provided also, that any such guarantee of interest or dividend. as aforesaid, shall not be made so as to preju dice or affect the rights or interests of the holders of any shares or stock in the Great Western Railway Company created before the passing of this act, and entitling such holders in respect thereof to the payment of any preference or fixed dividend out of the profits of the undertaking of the said last-mentioned company." I The foilowiug is the minute : " Resolved—ihat the directors of this company do concur in and sanction the provisions contained in the printed clause No. 32 of the Amalgamation Bill about to be pre sented to parliament, and they hereby undertake (subject to the following stipulations) to use their beat exertions to pass the said clause, or one to the same effect, in the Amalga mation Act (18.53), for the purpose of securing the guarantee defined therein, of 3 per cent. and 3i per et at., with half of any surplus profit on shares (to be specified in a schedule) to those shareholders in the Shrewsbury and Birmingham anti Shrewsbury and Chester Railway Companies respec tively, wko may severally sign and deliver to the secretary of this company on or before the 15th day of March next an the annexed form) their acceptance of the said terms and their consent and promise to abide by and perform all the conditions, and who shall have fully abided by and performed every condition up to the passing of the Amal gamation Aet (1853), upon the faith of which alone the said guarantee is hereby consented to. 1. That an extraordinary general meeting of each of the two companies be held during the month of January, 1853 at which the said clause and this resolution shall be submitted for approval, and that the same be adopted at those meetings as supplemental to and confirmatory of, the existing agree ments, and not in substitution thereof. 2. That the meet ings of each of the two companies to be held in pursuance of any standing orders of parliament, shall, by the required majorities, duly approve of the Amalgamation Bill, and of any other bill necessary for ratifying existiag agreements between the three companies. 3. That the Amalgamation Bill shall pus into law during the session of 1853. 4. That every shareholder in the two companies respectively shall be entitled, within the time prescribed, subject to all the conditions hereof, to declare his acceptan e of the said gna,- runlet); but no person shall be deemed to have accepted the said guarantee (without the special consent of this company to the contrary first signified to him in writing), unless he shall have duly signed the acceptance in the requisite form, and shall have delivered the same, together with the certi ficate hereinafter mentioned, to the secretary of this com pany, ow or before the 15th March next. 6. That each of the shareholders signing the said acceptance shall thence forth do and perform every act necessary to procure the sanction of parliament to the intended Amalgamation whether by voting or otherwise; ant shall agree to con firm and give validity to subsisting agreements between the said three companies; and that each shareholder shall also abstain from any act which may tend to postpone or defeat the amalgamation bill, or any of the said agreements. 6. That any shareholder who may cease to be registered on the books of the company, as the proprietor of the shares scheduled in the form of acceptance, shall forfeit all right and privilege for himself and his ass igns, of any future op tion of the guarantee. 7. That in each cue the formal acceptance in writing mast be accompanied by a certificate from the secretary of the company, declaring that the sche duled share' were duly registered at the time, in the name of the person signing the acceptance, so that the guarantee be strictly limited to the shares specified therein. 8. That the voting lists signed by the scrutineers duly appointed, or by the chairman of any meeting, shall be deemed to be conclusive evidence of the fact whether the shareholder bas or has not abided by and performed the conditions, as far as the voting at such meeting of the company shall affect his sight to the guarantec.—A tree copy.—(Signed) Case. A. SerneDwas, Secretary." In compliance with that clause the directors wet e about to call a meeting, when they received a requisition from the shareholders, proceeding on Mr. Scott's lugged- Hon, and to which the board gue the fullest attention; the proposal of Mr. Scott being, that the shareholders should accept the decision of a committee of the House of Commons as a settlement of the matter in dispute, leaving it to the two great companies to act as they pleased in the House of Lords. After this letter of Mr. Scott was received, a meeting of our board took place at the Prince of Wales, near Paddington. The board assented to the principle suggested by Mr. Scott, and proceeded at once to the Great Western Company, before whom we laid the resolution of the joint committee of the Shrewsbury and Birmingham and Shrewsbury and Chester Companies, and which was u follows Resolved—That it is the opinion of this meeting that the proposition suggested in Mr. Scott's letter c an onl y be considered as a question affecting equally both the Shrews bury companies. That it is most desira ble to ado p t such cnioadedin: erdb enhe:condtolidfne andreNorth Western Companies, test which is being carried on between two sections of the shareholders of those companies. That an I engagement by the shareholders to abide by the decision of m m e e p as t ur t e h s e as co w n ill terminate in the present session of parlia ment committee of the House of Commons, and to offer no op position at the Wharnclitfe meeting to the bill which may e t ff h e is ct m in ' ic e h tin o g bject. That it is flees's before being asked to sign a ro be submitted to them thereat, as the re so su f lt ar of as tha th t c de s c h is ar io: to sa call a meeting as suggested by poste-sionholders Mr. of the bills of the Great no u ltat t tr h ;: l :n. hecodt o ho p snih i spe cifyingWeste the terms upon which the amalgamation is proposed in each case to be carried into effect." " MINI:TES OF OItEAT WESTERN DIRECTORS._ "Paddington Station, Nov. 30,1&51.—The GreatA estern directors regret that they are unable to concur in the reso lutions which have been read to them by Mr. Clive as has been passed this day by the two Shrewsbury boards in reference to Mr. Scott's proposal to Mr. Clive. They are of opinion that it may be desirable to enter into sonic arrange ment to avoid a technical difficulty in proceeding with any