The Express. — London, England, 1853-12-20 00:00:00

'Law futtlitacnce. EQUITY COURTS.—YEbr EMMY. b. Lti in. WIM JUITIC.II M Arrbat.. ALLsorr C. LOUIIIIO4 ANU Yit .►b Their lordships delivered their judgment in this ease. a report of which upon the argument was given in the boas Deers of November, the 2Gth. The object of the appeal motion was to rarest the decision of the Master of the Rolls refusitqr to dissolve an injunction granted by MM, re straining the defendant Fraser from selling spurious beer under the name of " Allocpp's Ale.," or •• Ail. 10 11 01 l'ale Ale." and from using the plaintiff 'a name or labels in the sale of beer, not being that of the plaintiff's manufacture. The defendant Fraser's ground for dissolving the injunction was that. although beer had been sold by Coombe* to one King, in the way complained of by the plaintiff, aim had been labelled with the plaintiff labels in the defendant Fraser's cellars, yet this had Lien done without the defendant Frascr's know. ledge by the defendant Coombis, whom he had em ployed as bottler, in pursuance of a scheme between Coombee and King, who was empl yed as a spy by the plaintiffs, for the purpose of euabliug the plaintiff, to obtain an injunction against the defendant Fraser. As Fraser alleged that he never intended, and did not intend, to do any of the act• complained of by the plaintiff. • the object of the !anti n to dissolve was merely to avoid the payments of the costs of the proceedings, and also to set Fraser right in point of character, having regard to the stigma fixed upon him by the order for the injunction. Their Lordships were of opinion that the evidence in support of the injunction fell short of establishing any pa ticivation by Fraser in the proceedings of Coombe' and King, and that there was nothing to show he had any knowledge of the transaction they were engaged in. All that could be said against him was that he bad been imprudent in allowing the transaction to be tattled en ,between them iu hi. cellar ; but this was met in a great measure by evidence showing that it was according to the custom of the trade to allow busi ness to he sue conducted. Tiie result was, that their lord ships di..olved the injunction, and directed that the costs of the motion at the Rolls should ha paid by the plaintiffs. Cuo.sit INVISTMYNT COMPANY. In this ease, the facto of which were reported in the Daily News of yesterday, the arguments were concluded. The Lord Chaueeller delivered judgment, end stated that he could not concur in the decision of the Vice-Chancellor, whose decree, he was of opinion, was erroneous. The object of the bill was to bird the Revenionery Company to concur in the sale of the estates in question, end also to tit them with a concurrence in the parrnent in the first instance of the ezpeeses of the sale. Ile thought that the company were not bound to complete the sale on soy term short of receiving payment of their incumbranee as their share of the purchase money; and that the esidenee did not bear out the conclusion that they bad assented to a concurrence in the sale on any ether 'crudities', though they we.c reedy to give every facility if those conditions were carried oat; end as the estates had Sot realised a sufficient sum to pay their ineumbranee of the expenses wen the first churge, they ought not to be compelled to assent to such an appropriation of the pur. chase money. The appesl was therefore allowed, end the decree of the court below reversed, but without costs. THE EXPRESS, TUESDAY EVENING, DECEMBER 20, 1853. Consul, and to Lloy..s' sg. tat, who both told him that be I must pay the amount. and he was obliged to do so before he was allowed to leave the port. The entice value of his cargo woo 1'20,000/. At this stage of the trial it was agreed between the parties to refs the question to an arbitrator, upon the meri!s, without refertnet to the pleadings ; such arbitrator to have the power of calling in an average taker. COURT OF BANKRUPTCT.-YESTERDAL IN ItZ OPPIN zt -PAILVDO PORKION BILLS, Thi;.as - the certificate meeting in the @use of Simon Lazarus Oppenheim, merchant, of Broad-street Buildings. The accounts, prepared by hewn. Quitter, Ball, and Co., extended from the Ist January, 18.7,1, to the date of the failure. At the former period the bankrupt appears to have bad * capital of 5.3971. He now owes to creditors 7,6111 ; liabilitie., 12,2121.; ditto on bills, 1,1001. ; ditto not expected to be proved, 5,2821. His property was esti• mated at 8591.; doubtful debts. 11,9081. The profit. bad been 2,374!. ; trade expenses, VAL • personal ditto, 1,4491. Mr. Lawrence supported the ba nkrupt, and stated that no one appeared to oppose. His Honour made inquiry as to the circumstances of some bills which had been drawn in this country, but purported to be drawn in Natal. . . Mr. Lawrence gave an explanation, showing that the bankrupt was not • party to the drawing of the bills. The bankrupt said the bills had been brought to him by Mr. Jackson, who bad drawn them on behalf of Messrs. Jackson and Co., of Natal. He accepted them. Mr. Hawkins appeared for the London and Westminster Bank, who held one of the bills in question. He wished to call the attention of the court to the greet injury which had resulted from the sync= of drawing bills in this errantry, without stamp, on the pretence of their being drawn in Natal. Amongst others, the London ant West. imitator Bank had been extensively defrauded by discount ing some of these bill,. Mr. Lawrence objected to Mr. Hawkins being heard. The bank had not proved ogsinst the bankrupt's estate, and no notice of opposition had been given. His Honour said he would not shut out the opposition on that account in a case where it was alleged that the bankrupt had committed a gross fraud. To do so would bee denial of justice. In adjudicating on a certificate, it was a question of conscience with the commissioner, and had always been held so by Lord Eldon. He could not certify that which he did not know to be correct. Mr. Hawkins produced one of the bills, dated, " Hotel. 15th of Dec., 1852," 3001, purporting to he drawn by Jackson and Co., as a foreign bill, accepted by the honkrupt, and by him put in circulation. It was drawn la the form in which foreign bills were usually drawn; it was discounted by the London end Westminster .Bank ; then the bankruptcy occurred, and it was found that this bill and others were utterly worthless, and the proofs were rejected. The Commissioner—l think the party who cu ht to he punished for all this is the Chancellor of the Exchequer. (Laughter.) Not the present Chancellor of tee Exchequer in particular, but the one who made a law the effect of which is, that one man may commit • fraud and another may be punished for it. This is the second caw of the kind which has come before me in the last few months. A bankrupt had drawn a number of bills without stamp, purpwting to be butted abroad; then when the parties came here to prove they found they had been cheated out of their money. lam quite willing to have the matter pub licly discussed here, in order that attention may be drawn to it through the newspapers. Mr. Hawkins said it was a great hardship on the owners of the bills. Had they sued Mr. Oopenheiot they could not have recovered, for they would not have been allowed to get the biUs stamped. The bankrupt, in examination, stated—The bill pro duced was accepted in my office. Several of the same kind were made, to the amount of about 4,0001. I know that a bill drawn in this country requires a stamp. Theo were drown as from abroad. I did not obtain :discount for the bills nor receive any of the money. I accepted them as the agent of Bergtheil and Young. Jackson, the drawer, is their agent in Natal. Bergtheil and Young have an office of their own in London, but I was in the habit of accepting on their account. The that ease, it would appear that Bergtheil and Young are responsible to your clients. Mr. Hawkins—But they are not endonen. The bankrupt further stated—The bill was not an ao commodation bill for Messrs. Bergtheil and Young. The Commissioner—You ought to get some of the law reformers, who are so plentifull in these titan, to give their attention to this species of fraud. Mr. Hawkins—The effect will be, if the system cella: to a much greater extent, that foreign bills will almost worthless in this country. His Hoaour—But is this can the bankrupt does not ap pear to have been a party to the fraud, but to have done this in ignorance. Then he was encouraged by the common feeling on the part of the public, that they may do any thing to cheat the revenue. When a man pays money, he says to his neighbours—" Oh, mind a stamped re ceipt." Mr. Hawkins pointed out the fast that though the bill was drawn and accepted on the same day, which was known to the bankrupt, the date of the drawing was made two months earlier than the date of the acceptance—a proof of collasion and fraud. Mr. Varner, who represented Messrs. Overead, Gurney, and Co., complained of a similar fraud by means of a four months bill for 2501., which purported to be drawn at Do minica. On the credit of that bill, Hewn. Gurney, who discounted to aa immense extent every day, had given value for that amount. The bankrupt admitted that he knew the bill, if drawn in London, woull require a stamp. His Honour—But he might not be aware that be ran the risk, in saying a few sidllings in the stamp, of defrauding namehody of the whole amount. Being a German, who has only been in business two years in London, he might easily not be aware of the anomalous and iniquitous state of the law in this respect. Mr. Vallaop isolated that there must be fraud in passing • bill as a &nip bill, which he knew to be drawn in Lon don. The bankrupt said that he was not the acceptor of this bill ; he had simply endorsed it, and got it discounted with Messrs. Gamey. He received it from one Joyce, to whom he gave value for it. The acceptor of the bill was Mellot t also a bankrupt. Mr. Vallings said the bill had been presented for proof against Helloes estate, and refused as waste paper. He understood that Bellot had received a first class certificate. Mr. Lawrence said that was so ; he had pleaded perfect Mammies of the violation of any law; and this was allowed by Mr. Commissioner Evans, who granted hint a first class Mr. Vanier slid it had been stated, ow the occasion referred to, that Messrs. Overfed, Gurney, and Co. were privy to the fact of these bills being made in London. There was not the slightest foundation for such a charge. The Commissiooner—At all events, if it were so, Messrs. Gurney would conduct their business in a very different way from what I expect they do. Mr. Lawrence referred to the feet that the bankrupt had begun with a large capital, had made considerable profits, and had been ruined by the failure of Serrated and Young, and another house. 'The estate would ultimately pay a considerable dividend. The bankrupt had been guilty of no mercantile or moral offence in respect to these bills. He might easily suppose that bills drawn for foreign transac tions came under the denomination of foreign bills. The Commissioner-1 should have no difficulty whatever in granting Mr. Oppenbeim a first class certificate had it not been for the difficulty arising out of his having know ingly accepted bills here which were dated in Natal, though actually drawn is London. Beyond this there is nothing whatever in any part of the case to deprive him of a first class certificate. He says he was not aware that the drawing of a bill in London, and dating it in Natal, was a transaction contrary to the laws of this country in any way ; and in support of that allegation one ought to consider the circumstance that he was a German, and bad been only two years in this country. He might, therefore, very possibly have been ignorant of the fact that the stamp laws of this country impose disabilities on all persons holding bills of that nature, and that collateral effects might be produced far beyond the evasion of that fair contribution to the public necessities which every per son is bound to furnish io conformity to the law. Mr. Lawrence has put the case somewhat ingeniously. He says the bankrupt might not he aware that the drawing of • bill in London, sea foreign bill, in respect of • Natal tress setion, was at all am evasion of the law. If I could bring my mind to suppose that the bankrupt had acted in this belief, all difficulty as to a first class certificate would vanish. The question is, had he a guilty knowledge that he was evading the stamp laws ? If so it would be impossible tor me to grant him a first class certificate. The Commissioner (to the bankrupt)—lf you knew that bills drawn in this country required a stamp, why did you accept those without a stamp ? Bankrupt—Because I did not suppose as they were in respect of foreign transactions that they required a stamp. The Commissioner—You are prepared to swear positively that you were not aware, when _you accepted this 4,0001. worth of bills on account of Bergtheil and Young, that there was anything illegal in drawing bills in London, dated at Natal, in respect of a Natal transaction ? Bankrupt—l had not the slightest idea of it. The Commissioner—Do you know that this is commonly done in London ? Bankrupt—Yes, every day, in all homes. or I should not have dooe it. Mr. Veiling' said be must deny the statement that this was done by any regular mercantile house, and it was most desirable that the practice should be entirely stopped. The Commiseioner—l quite agree with you there; and I also think it highly desirable that some other means of enforcing the stamp laws should be adopted, Under the present system, in order to enforce the right of the govern ment to • few shillings in these transactions, • most cruel injury is indicted on innocent individuals. It would be muck better to declare an evasion of the stamp-laws • crime and punish it with imprisonment, than render void the transactions in consequence. To make the punishment fall upon third parties is a mode of proceeding which de -1 serves to be characterised as monstrous. Alter hearing all that an be said on the subject, I am of opinion that Mr. Oppsalseim did ant know, under the circumstances in which he accepted that bill, that he wee assisting Jacket,* itt Co. •in ma evasion of the stamp laws. I am inclined to think that he erred in ignorance; and as every other part of the ease is entirely in his f (he haecsrried on business in • most respectable manner, and has fallen into difficulties through the lailere of other persons), I think he is entitled to • first-clue certificate. INSOLVENT DEBTORS' COURT.—VesTuDAT. MORN war 00111101101011 LAW. IN (1 010101 mitt ILVIU SWIMM. Thin inrilvoot, a tailor sad draw, is Whiteeltapol-cowl, who woo opposed by the Commercial Credit Mutual Area- umrw AT POI ?SIVA 1• CLELAND V. THIS 171.11T1D 011 RRRRRRR SOCIETT.-ACTIOX UPON ♦ POLICY. This was an action upon a policy, dated the 17th January, IMO, by which the defendants agreed to guarantee the honesty and integrity of Mr. Frederick Sevin Lee to the amount of 2,0001. he defendants, in answer to the action, pleaded several pleas, and among other things, they alleged fraud. Mr. Serjeant Byles, Mr. Cowling, and Mr. Rose appeared for the plaintiffs ; and Sir F. Thesiger, Mr. Montage Chambers, Q.C., and Mr. Bevil' were for the defesdents. The plaintiff., Messrs. Cleland and Day, wen Aillefitaa sitizens, and at the time the eases of retie .nee, they carried on business at Boats& as mereltemne. in the spring of 1819, Mr. Cleland was in Lwaiera, and whilst here he lodged in Cecil-street, Semi. mg VMS there introduced to Mr. Lee. The plaintdis W OlMMlien of establishing • London branch of their haus, nag sem negotiation took place as to making Mr. Lee manager of that branch. Mr. Cleland went back to Bolton, bet after wards there was some eorreependence with Mr. Lee, and it was arranged that he should be the manager of the pro posed breach, upon his giving ample security for his honesty and integrity. Lee ap f lird to the defendants to be security for him, and they gave his. a paper containing a series of questions. which paper he undertook to transmit to the plaintiffs in America. They sent back their answers to these questions, and the defendants, after inquiring of the persons referred to by Lee, and making the other usual inquiries in such matters, granted the policy. The plain tiffs bad transmitted to Messrs. Herndon and Co., of Liver pool, 2,0001., to he plated to their credit, and they had sent to Lee six blank bills of exchange, they being drawn by the plaintiffs and blank es to every other part. Subsequently, they transmitted 2,0001 . more, and also acme more blank bills. There wee an agree ment and • power of attorney, which gave Lee power generally to manage the business of the Breach este. bliahment, and copies of these documents were sent to the defendants, but they bad no informa ti on about the blank bills. With two of these bills Lee drew out the first 2,0001. and placed it in the Royal British Bank, and things went until the 14th of June, 1850, when Lee wrote to the i ginistitrs, and confessed to having misappropriated • large tttutaef money, and offered them security for it. The plain tiffs wrote to the defendants about the matter, and they also sent • copy of Lee's letter to them. Subsequently an in vestigation was instituted, and the plaintiffs foes' that they had lest by Lee 8,0001. or 6,0001, and this loss had the effect of making them stop payment. Under these cir cumstances, the action was brought to recover from the defendants the amount for which they were liable upon the policy. There had been proceedings in Chancery, and as the trial of the action was delayed until the present sitting, evidence was called to prove these facts, and the plaintiff.' counsel complained that although the action had been coma minced so long ago, it wee not until recently that the defen dants had thought At to place upon the record • plea of fraud, and for which plea, as he wee instructed, there was not the slightest foundation. Sir Frederick Meager, is his address to the jury, ex plained that this plea would have been pleaded earlier if the defendants had not been prevented from having free ac me to some eorrespoadeces, and it was not until they bad seen the correspondence that it was deemed necessaiy to plead the ;ilea. In support of this plea he should show that the plaintiffs had informed the defendants of the fact of their having sent blank bills to Lee to do as he liked with. Sack a proceeding must place great temptation in the way of a man in Lee's position, and would very much increase the rink upon a policy of this kind. This being so the defendants ought to have been informed of it, and he submitted that the concealment of that information amounted in law to a fraud. The learned counsel intimated his intention of reading some correspondence, and calling several witneues in support of the defendants' cue. The jury, however, at the conclusion of his speech, raid that they had all made up their minds upon the matter, and they gave a verdict for the plaintiffs, subject to a reference to ascertain the amount. COURT OF EXCHEQr lIMUISII AT Pm Mel AT • .-YESTERDAY. .-111M011.11 11111. lAO OVTIVYIN AND ANOTHII V. CUYNIII. • OINZILAL IL Mr. Serjeant Shoe and Mr. Willa appeared for the plaintiffs; and Mr. Bramwell and Mr. Wilde for the defendant. This wu an action on • charter party, to recover the valise of certain goods shipped by the plaintiffs, who were merchants, from the defendant, as the owner of the ship Harriet Ramble. The defendant had put several pleas on the record ; but the main question was, whether the plaintiffs were liable to a payment of a charge of 21 per cent. made at Rio de Janeiro, whether it partook of the nature of • general ge. It appeared that the ship was on her voyage to a port on the west cast of South America, and having run against an iceberg and sustained considerable damage, she was obliged eventually to put into Rio, where it way found necessary to uaship the whole of the cargo, in order to repair the ship. The captain endeavoured to raise money upon hottogary, without success, and then sold • portion of kis cargo to pay the expenses. GIOCIII which were damaged were .Me sold for the sum of 3001. The cargo was then reshipped, sad the vessel proceeded to her destination, and delivered the remainder of her cargo. Mears. Todd, Naylor, and Co. were employed by the captain as his ageats ; and in addition to the charge of 6 per cent. upon disbursements realising 631., and upon damaged and sound goods amounting to shout BW, Messrs. Todd, Naylor, and Co., had also charged 21 per cent. for unehipping, reship. ping, Ate., upon ths value of the cargo, such charge emanating to 6001. The real question at a.sise in the case was, whether Messrs. Todd and Co. were entitled to make the latter charge, which was said by the defendant partook of the nature t.f general average. The plaintiffs contended that it was an unequal sad unfair mode of charging for the service performed, without reference to the nature and vale. of the cargo; whilst it was urged en the part of the defendant, that, is the prompt instance, it was bat a fair Miaow Thompso, Mr. Bates, (of the Am of Baring, aad9a.), rid Mr. Pitcairn', aa average stater at =tiewas Mis MM/ support of the plaintiffs' case, to show bs ragolatioss at Lloyds prohibited their anent/ from chargiai • otomissios for landing and reshipping a cargo, or rather mipsrborsding the same, but that they were paid for tim• and labour. Mr. Pitcairn, said this quostios of comaissios had been • matter of con test for the last forty-Ire years. It had always be•• rosistod at Lloyds, although they bad hem obliged L - - eases _to _submit to it is foreign porta. . MUT . . twin MUM Os the part of the dallislast. Mr. if. Riaharda, - the well- COCA O. W1LL4021.-10/011.119 DOWIII CUR. bows average stator, was asikd i sod lead that it had o ft en Mr. Wanes, with Mr. Phnom, was coaseel for the haggssad is lie espaelasell dnt Me semsaission of 21 per *Wilt ; Mr. IL Massalay, with meths? learned pain- emit. Ost asperistamilmf the ..'wiles sod re-shipping a Ink appeared fee the deleadast oarr. had bees *sad trader the eshaiss sf " general aver. Ilie WM as Mies bassght epithet the proprietor of the age,"at Lisyds. " Itrollor m ismalbsa shish rase dews the Park-rain, to Mr. !!.sank , captain of a ship, WY this sailed to prove woomooo • Pm Warier which had bees instaised by that Mr had pet late AM ter have repairs dens to his ship, as WIMS, sammiptesee , se it was alleged, of the asp eel had deigekadol to the eels* of 40.0001 1 end Mesas et the aMmadast's 'resat. ha was to log 2 1 Poo toot. Wing 0 1 12 1 mared do es the swain ef the 9th Jose last. the megi, he sajesistsadasoo of the rune, wee eseoliiis peteleget es ea " Ades " wal% IR delft @NW.. a• nimbi so the &tusk ranee Swiety on the part of several creditor,, appeared to receive the judgment of the court. The ease was beard six weeks back, and it was complained that a quantity of stock had disappeared, and that the arrest was a friendly proceeding. The Chit( Comtai•sioner pronounced a judgment of au months from the vetting order. all Toll Ma. COIOCIROMII 'Enure. IX RI JADEL T. itICHARNIOX.. Ibis insolveOS,Whc;;CeaseippVaTrodiVaierday, presented himself to-day, and made an apology through his counsel, ,sr. Ssrgood, for his conduct en Saturday. Mr. Commissioner Phillips expressed his satisfaction at the course adopted by the learned counsel, and pronounced the judgment as intimated before, viz., six ninths from the vesting order. An insolvent named " Frost," who applied under the Protection Act, was opposed by Mr. Dowse, and supported by Mr. Way. Mr. Commissioner Phillips named a day for the final order, and suggested a settle;emet respecting the disposition of some property. DARTFORD PETTY SESSIONS.—DEC. 17. rang=: fit PI Cats WRIT prem. PAST.. AMY I.OIIWALD M 1 IM, 10411 a. BRUTAL T 222222 NT OP A PONY. Henry Weller, gardener to Mr. Herds, of Dartford, ap peared to answer a complaint at ttie instance of David Watson, an officer of the Royal Society for the Prevention of Cruelty to Animals, for the following barbarous treat ' meat of • small Shetland pony, belonging to Mr. Apple. gash, of Dartford. From the evidence it appears that the pony, which was not more than three feet high, had strayed into a field of Mr. Hard's, where it was attacked by the defendant, who struck it • tremendous blow with a large stake, which caused it to fall down a bank and roll into the river Dart. On getting out the pony was again attacked by the de fendant, who struck it between the eyes and across the loins with the same largo stick, and drove it under some railings which had been placed to protect a haystack. While there it was brutally kicked by the defendant in the tender parts of the body, and when extracted from the railings it was found to have lost the use of its hind-quar ters, and was unable to stand. The poor animal was con veyed home in • cart ; but, finding that nothing could be dune fur it, it was found necessary that it should be killed. The Bench, taking into consideration the defendant's Paw, character, did not indict the full penalty of the law, but sentenced him to pay a fine of 405., with 30s. MIDDLESEX SESSIONS.-MTESDAY. The sittings of the court for the December General Ses sion were resumed this morning at the Guildhall, West minster. by adjournment from Clerkenwell, before Mr. Serjeant Adorns, Mt. Witham, and a bench of magistrates. There were 79 prisoners for trial, of whom 76 were com mitted on charges of felony. John Donoghue, 47. pleaded guilty to a charge of having felonibuslv embezzled the sums of 121. lls. 3d., 71.,11. 9s. 2d., 221. 18s. 9d., and other sums, which ha had received for and on account of Thomas Mordell Smith and William Mate, his masters and employers. The prosecutors in this case carry on a very extensive business as tallow-chandlers at Kensington, under the name of Tucker and Co., the original name of te firm, and the prisoner was in their employ so money-collector. He bad mixed himself up with betting-office transactions to some extent, and had made use of money he bad received on his employers' sceount for the purpose of speculating upon the resslt of horse-races. Mr. Woollett appeared for the prisoner, and having addressed the court in mitigation of punishment, called Mr. Smith, the prosecutor, who said he was sorry he had felt himself compelled to prosecute in this case. The pri soner had been in the employ of the firm 13 years, and altogether he had known him about 20 years. The cha racter of the prisoner had been irreproachable up to these transactions. He had collected between 40,0001. and 50,000/. a year for the firm ; he had a wife and eight children to support, and he bad been the trustee of a cha ritable fund amounting to 2001., which he had not in any way misappropriated. The defalcations amounted to about 601. Witness most strongly recommended him to mercy, and if the court would deal leniently with him, he would ensure that at the expiration of his sentence he should leave the Pantry. A betting book found oa the prisoner was handed up to the court for inspection. The Assistant Judge said this was one of the most painful Cane he had ever had to deal with. It was a most sad thing to see a nun who had maintained so high • character with his masters in such a position. One of them had come forward, and with the true spirit of an Englishman, not only recommended him to mercy, but intimated that when the term of his punishment had expired, he would provide him with the means et leaving the country la order that in another clime he might redeem hie lost position. Notwithstanding the great confluence which had been re posed in him, as was evidenced by the amount of money annually passing through his hands, he had become con nected with those vile betting places and had placed his name to bills for his losses, and when be found he could not pay them, he used his masters' money for the purpose. This was sot one of those cues where a high character had been made the screen for systematic theft, which would have been a circumstance of aggravation not mitigation, and under all the features of the case, and especially con sidering the recommendation and the suggestion of the prosecutor, the court was disposed to deal as leniently as it possibly could with the prisoner. The prosecutor had probably saved him from a sentence of penal servitude, and the court hen no doubt that at the expiration of the sentence, he would carry out his promise. He then sent enced the prisoner to six months' hard labour, and im pressed upon him the importance of using his utmost efforts, when in another country, to regain his former high cha racter. LUAOTT V. THI CUORCK RATS OP IST. 01101101 THE XAkTTL In the short notice of this appeal, which came before the court on Friday there was a slight error, as to the actual point on which the decision was given, which should be set right. The appeal was not dismissed on the objection taken by Mr. Bodkin so stated, but the order or warrant appealed against was quashed by the court on the ground that it was not made under seal as required. Kr. Bodkin's objection was in effect over-ruled, and the merits of the case were about being entered upon when the objection as to there being no seal on the order was started and was held to be fatal, and the order quashed. The result so far there fore was in favour of the appelleat, but the main question involved in the appeal, of course remains untouched. THE POLICE COUBIS. MANSION-HOUSE. Thomas Downing, a person of respectable appearance, was brought before the Lord Mayor, charged with having fraudulently and by a false pretence attempted to obtain money from Mr. Fertescue, loik manufacturer, of Cheap side. The name given by the prisoner Is suppo sed to be fic titious. _ _ Mr. Forteseue said—About 10 minutes past 5 o'clock on Saturday evening the prisoner called at the shop, and told me he kuew an intimate friend of mine named Weston, and asked me for one of our cards of address, as he had a country friend who wished to buy some of our locks. I gave him the card of our firm, " Hobbs, Ashley, and Fianna'," and he left the shop. In a few minutes he returned, and asked me if I could give him Mr. Weston's address. I did so, and he went away, and in about four minutes be re turned, and said that Mr. Weston was not at home, that he had a bill to meet of 71. in Walbeook, but was deficient four shillings of the amount, and he asked me to let him have the loan of that sum as • friend of Mr. Weston. I told him I made it a rule not to lend moneyq to strangen, but that he had better go and knock at Mr. Weston's door again, who I thought would be sure to be at home, and he lett ' me. I then saw him go into our factory, in Lawrence-lane, adjoining our house, and speak to the foreman, and then he went to Mr. Weston's house in Lawrence-lime, and I saw him go up the staircase, and heard some conversation between him and Mr. Weston, and I went lip stairs and asked Mr. Weston if he knew the prisoner, to which the reply was, that ho had seen the man before in his life. I said I would give the prisoner in charge for endea vouring to obtain money under false pretences. The pri soner then said, " Mr. Fortescue, I beg mercy of you; con sider my poiita..o." Mr. T. S. Weston, general warehouseman, of No. 31, Lawrence.lane, Cheepside, said, Mr. lonian's is a friend of mine. I was at my warehouse on Saturday evening at ten minutes past 5 o'clock. I had been at the warehouse, perhaps, two hours previously to my seeing the pri soner. Ido not know him. I wes at the top of the stairs when be called. I heard some one ask for Mr. Weston's warehouse, and he was told to go up stairs to the first floor. The prisoner then came up and said, " Is Mr. Weston at home 1" I said, "Yes my name is Welton." He said, " May I beg the favour of a few minutes' conversation with you ?" lye said, "I am a particular friend of Mr. Fortescue's, and I have called upon him just now, but neither he nor his partner is at home. (Laughter.) The object of my coiling upon him was that I nave • little ac count of about 41. to make up, to pay in Walbrook ;" and he pulled out his porte monnaie ; and at that moment Mr. Fortescue came up the stain and said to me, "Do you know that party 1" I said "No, he has just called upon me and said he was a particular friend of yours." Mr. Fortescue said the prisoner had just called upon him and said he claimed the acquaintance and friendship of me. I said "I never saw the prisoner before in my_life." The prisoner then said, " I beg your pardon, Mr. Weston ; I have seen you frequently." I asked him where. Ile replied at the house opposite. I asked what house. He said at a public house. There was no publio-houn. Ile tnen said at Lake's dining-rooms in Cheapside. I stated that I had not been there for two years, and Mr. Fortescue said the pri soner was an impostor, and gave him in charge to a policeman. The prisoner said, upon receiving the usual caution from his lordship—l hope you will be inclined to think that it is more au error of the bead than any intention to de fraud. It is true Ido not question their evidence th.t I did as they descriotd. I have had three attacks of delirium tremens, and I we., on the 24th of last month, discharged from St. Thomas's Hospital, after having had the third attack, and such is my pros tration of mini and body with the recollection of what has occurred and the severance of friendships I held most dear that sometimes Ido not recollect what has occurred. In May last I charged myself with embezzle ment, which was not true. In feet I am a perfect wreck, and deed II it please the Almighty to take me I skin be thankful in. _ ♦ licensed victualler Who eat is the *hoe rem said—l TIM ELLIPTIC COLE" • T To VII SACK. VAMP WITH PATENT ELASTIC FASTENING. A most perfect and ewspetting !Shirt, and, by a strep`e invention of the Patentee, adjusts itself to all morementa of the body, both beet and front, I either waiting, sitting, or riding. Price, inelm's • lag the Ilsousnaso &Alms Warerassn, 445. the ludr.dosen. The Elliptic Collar, quite unique, in all shapes, with nitwit Eleatic Fmtenings, the dozen. The Paten 'estie 0311ar fawning can be attached to any Collar, *rain' back or front. Sis sent by Past on receipt of 13 rootage stamps. have known the prisoner for some years. He came to me and to others (our years ago, and victimised us exactly in the same way. The prisoner was then committed (or trial. The Lord Mayor requested that the press would ackuow• ledge his receipt of 11.1 s. from A.I.C. (or the poor-box. GUILDHALL. George Parker ' John Saunders, alias hf Guire Charles Mar:hail, and Lewis Myers, were placed at the b ar ' before Sir It. W. Carden and Alderman Humphery charged with being concerned in the late extensive robbery of plate, watches, and jewellery, at Leighton Buzzard. Mr. Weller, who appeared for the prosecution, said that Mr. Reuben Rouse Rowell, a watchmaker and jeweller, of Oxford, was present to complain of a assailer robbery com mitted upon his premises in July last, when a quantity of watches were stolen, one of which was ultimately offered to him again for sale. lie was enabled thereby to trace the possession of it through several hands to Mr. Jones, the refiner, of Wilderness-row, who declined to tell of whom he purchaasd it, and as a cheque for 151. of Jones's, of a sub sequent date to that of the robbery, was found in Myers's possession, Mr. Rowell was induced to believe that the prisoners at the bar were concerned in the burglary at Oxford, as well as the one with which they stood charged. Alderman Humphery said that was a distinct charge, and he would take care and have Mr. Jones before him to ac count for his possession of the stolen watch. A number of other witnesses were then examined ; and the following letter found at Marshall's lodgings was also read : " London, Dee. 7, 1853. " Friend Henry,—You must excuse me writing to you, but I have left the Royal Oak, as Mr. Parker is not there. Write to me by return of post, as I shall operate next Sunday night if possible.—l remain yours, &c. " FatEtw. Direct for me, No. 84, Hil4street, Walworth-road, London. I have left Union. treet." This letter was addressed Mr. H. Auckland, at Mr. Coupland's, farmer, Carlton, 'near Worksop, Nottingham shire." Mr. Waller said the prisoners were apprehended on the night before the Sunday specified in the letter (or the writer and his friend to " operate," or in other wordy, to rob Mr. Coupland's premises, and their intended visit was therefore prevented. Huggett said Marshall had been living in Union-street until very lately. Henry Peasant was then called to show that Marshall occupied the room in which the letter was found, and that since the burglary at Leighton B d he had purchased about 61. or. 71. worth of new furniture. Sr It. Cerden intimated his intention to remand all the prisoners to Leighton Buzzard. The possession by Myers of stolen property, so soon after the commission of the crime, was a good reason for including him in the chars*. If he were acquitted he might then be tried at the Old Bailey for the unlawful possession of stolen goods in London. Mr. Solomon, for Myers, asked if the worthy alderman would take ba il for his client ? Sir Robert Carden—Certainl♦ not. Mr. Solomon had only asked the question, in order that he might apply to one of the judges to take bail. Alderman Hunsphery did not think say judge would accept bail in such a case. Parker complained that they were about to be sent to a place to be tried where there was already an unfavourable impression against them, end they did not consider they were getting fair play. They had no funds to take their legal advisers down with them into the country, so that they were entirely in the hands of the police. Bir Robert Carden thought the police engaged in the case had shown the most praiseworthy zeal, and they de d great credit for the manner in which they had traced the prisoners and recovered portions of the stolen property. He felt convinced that in the hands of such experienced officers the prisoners would meet with every fairness, and all the assistance consistent with their duty. The depositions were completed in the course of the afternoon, and will be sent with the prisoners this morning to Leighton Buzzard. Alderman Humphery acknowledged the receipt of 101. from " C. V." for the poor-box. ax rAILTII LINZ*. Thi. ease has been twice Won the court, and shortly no ticed in the !lady News. The petitioner had bought two BUM of stock in the fictitious name of Frederick William Cannon, for the purpose, as he alleged, of concealing from his wife his possession of the amount. The eatraordinary character of the story made it difficult sad very expeasive ter him to satisfy the Commissioners of the National Debt, to wham amount the funds had been transferred, and the mart, of the accuracy of his statement. Mr. Oiffard appeared for the petitioner. Mr. Wickets appeared for the Commissioners of the Na- Metal Dont, and maid that after a very minute examination of the cireumetasem they were eatistied of the correctness et the petitioner% ermy. TM Vies-01moneilsr thitimpan made the order directing the trawler et the bed% the petitioner. 111114031 r. WZTRIMILL. The aremaliali gra this case occupied the court the pester poetise dense days. The following ism short out line of the ciremellemene as they appeared upon the plead lags, the 'widows, and the statements of counsel. In the year latJ a relative of one Morison nude his will, by which be gave all his property, which amounted to nearly 40,0001, asnoopt various persons, but omitted to make say provieion for his nearest relatives. Amongst theca was this poor mu, Iliodeon, • poor farm labourer, who was also the tevator's heir at law. He consulted • Mr. Wetherill, • solicitor, practising in Yorkshire, who under took to support bib claim, and brought two actions in eject-' sent far him, incurring very considerable ',penes at the risk of losing the whole in the event of non success on be half of his poor client, after application hailsbeen ensue-' usefully made by the poor man to his own relatives for usietence. The action. cam* on to be tried at the York shire amazes before the Chief Baron Pollock. Under the, eircunuunef s Hindu's arranged with his solicitor that if • compromise meld be eonse to be should accept 3,0001. for his claim, and at the trial • compromise was coma to by which the plaintiff received 4,001 guineas with his coats, so that he obtained more by 1,0001 than he was willing to Oar. recessed. Hinds= from being • day labourer was thus placed in comparative ails tam and he expreued on all occasions his sense of deep obligation to Mr. Wetherill, to some persons stating he should give him 1,00 W., and to others that he should handsomely provide for him. Hindson lent the sum of 1,0001. to • noblemen resident in the neighbourhood for which he bad given his promissory note. In the year 1849, Bischoff indorsed the promissory note to Wetherill, and made hint a present of it subject only to this, that in case he should want the interest at any time Mr. Wetherill should pay it over to him. Riedel"' was taken ill in 1850, tad his surgeon at his request called on Mr. Wetherill and asked him to se* Hindsor. :son, on Wetherill cal ling on him, gave him instructions for • will, which he see - owed on the 16th of July, 18.30. By the will he gave to Mr. Wetherill • small freehold property of the value of 4501, arid also the promissory note for 1,0001., which he meatiesud is the will at the express request of Mr. Wethe rill. though be had previously given it to him, and he ap =rid Mr. Wetherill and a gentleman of the seighbour who was Mr. Wetherilre friend the eaecuton of his will. Hindson died in Jan. 1851; the ineentors attempted to prove the will, bat the grant of probate was resisted, and at the %tr ansition of • lengthened hearing before the Pre rogative Court of the Archbishop of York, the sisonsel for the present plaintiff admitted that he was satisfied that the testator was fully cogaisant of the contents of the will, upon which his coats were allowed and probate was granted to Mr. Wetherill and his co-executor. This was • bill filed by Mr. Thanes Robert Median, of Osford-street, London, who was the heir-at-law and one of the persons entitled to the residuary estate of the testator under his will, seeking an account of the personal estate of the testa tor, and a declaration by the court that notwithstanding the gift of the promissory note for 1,0001. to the defendant Wetberill, the same formed a part of the testator's personal estate ; the bill also sought a declaration setting aside the devise of the land to Mr. Wetherill. The bill charged fraud and undue iallaence, but the evidence did not bear oat these charges ; en the contrary, as to the note some witnesses proved that Rindson had said to them that he had given the note toter. Wetherill,and amongst throe witnesses venoms* penes. who would become entitled to a distri butive share of the amount, if the gift were set aside. Amongst the witnesses was one of the attesting witnesses to the will, to whom, when he was called in on that occa sion, the testator said he intended to leave a part of his pmerty to Mr. Wetberill, and that the whole will was rand in as audible voice to the testator. Mr. Daniel and Mr. Renshaw, for the plaintiff, after re kering to a groat number of authorities on the subject, sub mitted that the rule was, that a solicitor should nut receive busty from his sliest, and that the oily esception arose when the solicitor could show that the client had been properly advised by some professional or competent parses giving independent advice to the client, and that no oath state of circumstances 'misting in this case, the court was booed to accede to the plaintiff's prayer. Mr. Moline and Mr. Fischer submitted that the gift of the 1,0001 note pared either by the gift in the testator's lifetime, or by his will, and that as to the devise it passed by the will. Mr. Kirkman appeared for the co-ezecuter. The Ifice-Chaatellor. without calling for a reply, mid the bill was filed by a person interested in the estate, to ism reach, not the probate, or the will which passed it, but the property is certain portions of the estate which the defend ant, Wetberill, claimed, bat which the plaintiff insisted he mould not retails, inasmuch as he acted as the professional and minfidential adviser of the testate( in respect of the deenimeat which created the gift. This eve therefore was be. from the question which has been raised--whether, when the probate has been litigated, the acme question es* is dimmed in this court ? Ever sines the case of " Moe ilesquieu v. ilais.is," &indeed by Lord Mika, it has been held to be a rule that so long as the relation of solicitor and 'bent *WM, the solicitor is incapable of receiving a gift been his elicit, be the ground for such gift ever so right eous. Now, nothing bad been dime in this case to render the rale inapplicable. True it was that use of the wit ammo depeed that whim the will was reed over to the testator, and he wee asked whether it was what he la tended, the testator replied " Tee, and I would have given him more if he would have let me;" bet this did not take It out of the rule. After reeapitulstiag the hots at Meath, his Heamir said that the 1,0001. and the landed astata must he held by the defendant as a trustee : with this dmiatutiem decree must be for the administration of the estate. • COUNT OF QUERN'S BENCH.—Yenuort. mime 67 MN rune at Knwau.—Art WO CaUMW. 4/Id of which a pools named Br.oks is the proprietor and *river ; when. just as the " Atla. "was stilettos, after bay. lug taken up • passenger, the " Welliston" drove up s es i g .t it. broke atf the stun on the front seat. and threw the plaintiff into the road, when the fore wheel of tbs " Atlas" passed over his Irit and considerably injured it. The defence was that the Atlas was endeawuring to eras the road in frost of the Wellington whelk the acci dent warred. . A great number of witnesses were called upon either side, being the persons riding in both of the omnibuses, and byr es:Aden who knot witnessed the occurrence, who gave very contradict.ry evidence with regard to which of the driven wss in fault. Tne jury returnul a verdict for the plaintiff. Damages, 200 f. Lord Campbell refused to certify fee e special jury. SI be thought a common jury might have disposed of the case very satistictorily. WILLIAXS V. ACCIDT.NT UN 'WARD A 011.AVUEND BOAT. Mr. Seriesnt Wilkins, with Mr. Dawson, appeared for the plaintiff; Mr. O'Malley, with Mr. Lush, represented the attendant. This wa• an action brought to recover damages for in juries sustained by the plaintiff's wile while she was a pas senger on board a Gravesend steam boat, in consequence, as it was alleged, of the carelessuesa of the crew of that boat. It appeared that, on the evening of the Bth August last, the plaintiff, whole a sweep, and his wife, who M a char women, were on board the Dryad, which started from Gravesend at stoat half-past 5, and soon afterwaros stopped at Itosberville to take in more passengers. The boat being very much crowded, Mrs. Williams, who had a child in her arms, bad sat down upon one of the fenders, or dummies, which are used to pre vent the boat from striking against piers. When the order had been given to more on from Rosherville, the noose of the rope which attached the bust to the pier was not immediately thrown off, and some rope which was lying loose upon the deck got coiled round Mrs. Williams's foot, and took it quite off just above the ankle. She was taken on shore to a surgeon, and alerwards went to the hospital, where she was obliged to have her leg amputated, and re mained for seven weeks. She had not since been able to do any work, hat had to he carried up and down stairs. She is only 2d years of age. Mn. Williams, and some of the passengers by the Dryad, were called, and proved the ab. ve facts. The defence was, that Mrs. Williams alone was to blame for the accident, and the captain and other persona on board were called to sheet that the boat was not crowded on the evening in question ; that when Mrs. Williams came on board several scats were vacant; that after she had d herself upon the fender, with one of her feet inside the coil of rope, she had been told to remove by two boys and by the stewardess, but had remained in the same place, and' that the strain upon the rope, which was the immediate' cause of the ace dent, was unavoidable, as there had not been time to pay out the rope before the accident happened. Mr. Serjesnt Wilkins having replied, Lord Campbell summed up, telling the jury that they were to say whether it had been made out to their satisfac tion that the misfortune was caused by the negligence of the defendant's servants. If they found fur the plaintiff, they must award • reasonable but substantial and ample amount of damages. The jary retired, and sitar an absence of half an hour, returned and gave • verdict for the plaintiff—damages, 3401. COURT OF COMMON PLEAS.—YasTraDAT. PAT ENT ' SELF ADJUSTING RT SH ITH. SHIPPING INTELLIGENCE. - - John Dwyer, the brother of the male prisoner, wh o , countenance presented a shucking appearance, said that oil Saturday night, on returning to his residence in Franc es , street, he was informed that his wife had been illused by the prisoners, and he, therefore, went to the police-station for assistance. O■ going back the prisoners rushed int o his room, and at once commenced an attack upon himself aad his wife. Witness succeeded in getting his brother down, and while endeavouring to hold hint on the lime until assistance arrived, he got one of witness's fingers i t ; his mouth, and used every effort to bite it off. In drag. ging it out of his mouth the flesh was torn away from the second joint to the top. Ilis brother then drew witness's face towards his own, close enough to seize hie nose, and commenced biting it so that his teeth in some pan e puled through from one side to another ;at last he lat. ceeded in choking the infuriated ruffian off. The complainant's wife, who was also very severely handled, and his son, who was likewise present at ot, "slaughter," as he called it, corroborated the Doyen' statement. _ . The male prisoner, in his defence, said—Your worship, fifteen yeas, ago, I was accused of a murder in Tipperary, and I gave meself up to the law, and was honourably v.. quitted, but these people are for evcr throwing the manlier up in my face, and I do not know what to do wid them. The females prisoners said that Mrs. Dwyer begsa the .‘ row." Mr. Elliott convicted the tree prisoners is tho highest penalty of 51. each, or in default to two mouths' imprison. went. George Thomas Jones, aged 42 years, an ex - policteroa. stable of the 1' division, was brought up on remaad,chsrged with obtaining '2l. from the Bishop of London, and several other sums from different gentlemen, by means of false representations. The prisoner had begged the money to enable him to emigrate to Australia, and he did leave Fulham, where he had previously lived. Instead, however, of gaming the country, he opened a little sweetmeat shop at Greenwich. Mr. Beadou thought the case did not come within the meaning of the act, and he therefore should order the pri soner to be discharged. Frederick Faineant was convicted of hawking ale and spirits on Sunday morning in Fortescue-field, Bayswater road, without a license, and was ordered to pay the miti. gated penalty of '251. CASUALTIES. Eliza (barque), of this port, from Callao to Baltimore, went ashore 28 miles south of Cane Henry, Nov. 28, and wu a total wreck ; chief officer drowned.—Liverpool, Dec. 18. Ilurninit(s.), from Havre and Southampton for New York. in making for Malaita, Dec. d, ran en shore on the Sisters Rocks, about 12 miles from that port, and remained full of water, and breaking up ; crew and passenger, raved.— Liverpool, Dec. 18. Montcalm, Bette, from Quebec to Liverpool, was run when on the coast of Newfoundland, waterlogged, and has bees totally wrecked; crew saved.—Liverpool, Dec. 1!). MARLBOROUGH-STREET. The police made another attack on the Cocoa-tree Gambling Club, St. James's-street, better known as "Charles Lyley's," the fourth within about six months, and, as a ill be seen, with no better result than in the pre ceding instances. The parties found in the house and taken into custody in the majority of instances gave ficti tious names The police, however, succeeded in obtaining real names and addresses, as far as they could do so with certainty, and the police sheet, us altered, presented the following list—Real names: Charles Harrington, Williaw Boswell, John Watson, Eltoard Herbert, Arthur Pearson, George Williams, William Richards, James IVtrisett, Fre derick Lyley, James Wilkinson, James Griffiths, George Lyley, Charles Lyley, lion. F. A. Carry, George Brown (doorkeeper), Nathaniel Kemp. and Capt. Scott. Fictitious names: Arthur Cooper, Nathaniel Kemp, and Samuel Brown—twenty persons in the whole. Mr. Clarkson was present for the defendants. Superintendent O'Brien. of the C Division, produced the usual atthority from the Police Commissioners for entering the house known as the Cocoa-tree Club, No. 64, St. James's-street. About 3 o'clock yesterday morning, wit ness, accompanied by other constables, went to the house, and ring the outer-door bell. After a short delay the door was opened by the doorkeeper, Brown. Witness went through the passage, and passed through two other doors. He was stopped by a fourth door, covered with baize, and secured strongly with iron bolts, stays, and bars. Witness told the constable to try to force the door. The constable did so for some time, but without effect. The door at last was opened, and witness proceeded up stairs, and in the lobby mat Charles Lyley, one of the defendants, who was taken into custody. The other defendants were found in a room on the first floor. Two of them were not present in court—the Hon. Mr. Carey and a military gentleman named John Scott. The room in which the defendants were found was fitted up as a billiard room, with three tables. The room was thoroughly searched, but no gaming impletr.ents whatever of an unlawful kind were found. The defendants were all taken into custody and searched. No gambling implements were found in their possession, but some of them had considerable sums of money about them. When taken to the station-house, several of the defendants gave fictitious names; but after inquiries had been made, they gave their right names. Mr. Bingham inquired if this was the whole of the evi dence. The superintendent said it was. Mr. Bingham—There is no cue made out against the defendants. They must be discharged. The defendants having been liberated, The superintendent applied for a warrant against the two parties who had neglected to make their appearance. A solicitor, on behalf of the two gentlemen, said they were prepared with a sufficient excuse for their non appearance. Mr. Bingham had no objection, provided a sufficient excuse were made out, to allow the matter to stand over for a short time. MARYLEBONE. IE CORCi Williams Stratton, the keeper of a coffee-stall at Wharf road, Paddington, was charged with having sold spirits without having a license. Brown, 299 D. deposed that on the previous morning, at 6 o'clock, he was supplied with a cup of coffee at the de fendant's stall, and on witness remarking that it was a very cold frosty morning, the defendant said, " I have a little sum here, and you can have a drop." The ram was poured out from a tin bottle at the back of the stall. The defen dant was then taken into custody. The prisoner said that on the Saturday night be had provided himself with a half-pint of rum to oblige parties coming up by the mail train. They had previously given him the money to pay for it. Mr. Broughton inflicted a mitigated penalty of 251., and in default of payment three months' hard labour in the House of Correction. SOUTHWARK. William Sutton. No. 12, Wilmot's-buildings, White street, Borough, tailor, was charged with a ferocious assault on his wife. On Saturday night the prisoner went home drunk, and began abusing his wife far being, as he said, intoxicated. She denied the charge, and his conduct then became so threatening, that she ran out of the house. When she returned she found him in bed smoking. She was afraid to undress, and lay down in her clothes. In the night he re commenced his abusive conduct, and charged her with unchastity. Finally, he scratched her face, seised her by the throat, so that she barely escaped with her life, and finally struck her violently two or three time s in the free. She then got out of the house, and gave her husband in charge to a constable. She added that she was covered with bruises, the result of his ill-usage; and that she had complained to the magistrates several times, but on all previous cceuions she had neglected to appear against him. Prisoner, in defence, repeated his insinuations against his wife's character, which she denied. Mr. Alleckett offered to remand the ease, so as to enable him to prove them. Prisoner declined, not wishing to have any more "bother" about the matter. Mr. A'Beckett believed the wife's statements, and min tenced the prisoner to six months' hard labour. LAMBETH. Thomas Dwyer, Mary Dwyer, his wife, sad Bridget Heine, his asether-in-law, were charged with • savage assault. ARRIVED. ADIVINA-at Gravesend, December 19, from Quetta A asp Basan-at Gravesend, December 19, from Para ATKINIONS-at Gravesend, December 19, from Mins AMIshIC.N EAULt -lit Orarmend, December 19, from... New York Baenorrae-at Gravesend, D. OCITIACIr 19, from Quebec B,roo-at Liverpool, Decemter Er. from Nampa Ilcure-at Liverpool, Droember 19, from Denmark Bret. Boca-off Liverpool, December 19 CANADA (f.)-11t Liverpool, December 19, from Boston COIL Harmer-at Liverpool, December 19, from Hamburg Coroorun• -at Gravesend, December 19, from Denmark Curs-at °reverend, December 19, from Stettin CATRARIPCI-llt 01111THelld, December 19, from Gothenburg CHAMPLAIN-In Gravesend, Deeemba 19, from New York C 11.20 -at Falmouth, December 17, from Quebea Davearex-at Gravesend, December 19, from Quebea Dwane-at Liverpool, December 19, from... Demerara Netzarrarn Goubaair- at Liverpool, D, cember 19, from...PalerinO EI:DOCI4-st Literpuol. December 19. from Bt. Jobn'a, N.B. Dino esa-at Gravesend, Deenther 19, from Faro FRANZIKX)-11t, Gravesend, December ld, from Deltas Votress-et °reverend, December 19, from Callao 02.4161.1•31-at Gravesend, December 19, from Callao Oases -at Liverpool, December 19, from Naples Ilimairrra-at Liverpoool, December 19, from Hamburg Haeorne-at Gravesend, Dec. 19, from Leghorn Bonus COMMA-at °reverend, December 19, from Smyrna lots-at Gravesend, December 19, from Smyrna Jan. Oiwas-atOravesend, December 19, from Demerara Jura Decimal-at Gravesend, December 19, from Palermo Joan 511111 T-08 Liverpool, December 19, from Paralta Lae.- at Gravesend, December 19, from tarynse Livoaso (a.s.)-at Liverpool, December 19, from martcres Moao CasrLe-et Graveseod, December 19, from New York Mosrasena-r8 Liverpool, December 19 1 Neiman-at Gravesend. December 19, from Alexandria ' °sewn-off Liverpool, 'December 19 PAPDOLA-at Gravesend, December 19, from Fulling QUMI-at °reverend, December 19, from .... llarlings• ISWITMLAND-Off Liverpool, December 19 Stun-et Liverpool, December 19, from Boolean Semler-at Or ivesend, December 19, from ... .... ..... W3ben Briar BILLS-at °ravened, December 19, from. Denmark Tioreawrz-at Gravemmd, December 19, from Patna Toaorero-st Gravesend, Duct tuber IN, from Dattela %ayman-at Gravesend, Dee. 19, from Norwap Wiemuteoaen-at Gravesend, December 19, fr0m....... Hamburg BAILIID. Avoceta—from Plymouth, December 17, to Landon Arrviro— from Liverpool, December 19, to Marsolhe ADlLlE•—from Liverpool, December 19, to Naples Ancona—from Liverpool, December 19, to • AWNS Baormasoomo—lrom Pill, December 18, to Siagapore CVISIDDRII CAPTLI—ftOIII Liverpool, December 19, to New York Cmayaram—from Liverpool, December 19, to Savannah Batts—from Liverpool. Dec. 19, to ltio Janette EIDARRII—from Liverpool, Dec. 19, to St. Thomas GLASGOW (s.)—tram Greenock, December 17, to New York JAY. LOWDEN—Rao Falmouth, Dec. 17, to Samosa/a Jacob Tose Caren—tram Falmouth, December 17, to Liverpool JONI. AND Maar —from Liverpool. December 19, to Glbraltsr Kremer—from Liverpool, December 19, to LISMO LAVR/11/1-4001 Gravevend, December 19, to Alpe Bay Maar STEWART—from Liverpool, December 10, to.. St. Michael a NIAGARA—from Liverpool, Dee. 19, to New York OLvisrvs—from Liverpool, December 19, to New Orleans ROYAL Buereem, (s.)—hum Greenock, December 16, to Melbolusa &errata—trona Cows, Lay:ember 17, to LOMIOS RAPlD—from Cowes, December 17, to Lcedoe Reavar—from Crammed, December 18, to Bombay SaLmisocm (I..)—from Liverpool, December 19, to Havre TRAPIOCRORZ—from Liverpool, December 19, to Copenhagen Waxeram—from Liverpool, December 19, to New Orleaell BIRTHS, MARRIAURS, AND DEATIIb. BIRTHS. _ CHESLYN.—Dee. 144 at Aefc;clt;;Yrahge, Melton Mowbray, the wife of Capt. Cheap, of a Roe. EILOAKT.— Dee. 13, at Camden Cottage., Camden.town, the wife of C. J. G. &lout, Esq., of Great James-street, Bedford-row. of • ao•. 111:11;71,EY.—Dee. 13, at Highfleld, Northop, Fliatahlre, the wife td J. K. Floatley, Leg , of . daughter. JOH STON.—Dee. 16, at the Elms, Avenue.road, Regent's...park, Kra K. Johnston, jun., of a eon. NOMII 4 . Dee. 14, at Best House, near Bahia; Yorkshire, the wife of J. E. Net.* Pin,., of a daughter. BANDEIteION.—Dee. 14, at Jewoond, Northumberland, the wife of B. B. Paaderson, jua., Erg., of • sou. TB.l3T.—Den 16, at Lower Clayton, MM. G. Trist, of • &nattier. MARKiAG MB. BOULTON—CIITLIPPE.—Dee. IS, at South Holton, North Devon. T. Boohoo, jun., Eaq., of St. Jolues.wood, London, to remote AD. lonia, youngest daughter of J. E. Cuthlte, Esq., of the Romig GREGO—OWENS.—Dee. 13, at St. Philip's, Liverpool, Mr. J. Greg& to Elizabeth, daughter of the Lac Mr. G. Owens, Dele4treet. Liverpool. HARDERN—WILDING.—Dee. 17, at St.Mary's,Edge.bill, Liverpool. by the Rev. Y. Barker, L Hardern, Esq , of Henbury, Macclesfield. to Jenet, youngettdaughterof the late Mr. R. Wilding, of Thorns ton, PoultoalisFyida, Liverpool. LOWTHER—PARKL—Dee. 17, at St. George's, Hanover-squire, by the Right Hoe. Rev. Lord J Thyone, W. Lowther, Eq., yotzgest eon of the Hon. Col. Lowther, and 11.13. M. Sueretary of Legation et Naples, to Charlotte A lice. douglifer 48 the Right Hem. Baron Parke. If AY-BTEVENB.—Dec. 13, at St. Jude's, Southse*, T. May, EN., M Basingstoke, to Martha Elteilicth, eldest daughter of It. W. ere. vans, Esq., °Weapon. SCHWABE—ROTHSCHILD.— Nov. 23, ut Bt, Thomas. West Inches. Thee doers H. Schwabe, of Glasgow, to 1 ally, eldest daughter of 8. Rothschild, Esq., St. Thomas. SIRED —HAGGL—Dee. 13, at St. Mark's. Liverpool, by the Rev E. B. Chalmers, Henry, son of H. J. Spied. EA., of Hill-ude House, HolLbill, Cheshire, to Annie, daughter of the late T. Hague, Esq.. of Liverpool. DRAT H 8. ELMOltE.—Dee. 16, at I'seldon,lleury Elmore, last and only ears riving mom of John Elmore, aged 37. FISIIEtt—Dee. 15, at Devonshire.phice, Old Keot.road, Ann, rebet of the late J. Fisher, Eeq. OADD.—Dee. 11, Mrs. Mary Ann Gold, of henningtob, in her 53rd year. HUDO 4 ON.—Dec. 15, at Fait...lawn, near Ripon, Elizabeth ilodgrom widow of the later J. lietigron, Leq., formerly at Norton Conytris Yorhabire. KEEP.—Dee. 15, at Hai/ley-road, bizbaston, Caredne, Irlfe of ,l linep, Eq., aged 62. POWELL. Dee. le, Jame. Charlea, eldest son of Yr.). T. Powell. Cieremotirdenam, Pentonville. si t ed 19, RAGO.—Dee. 16, at Mosley, near Birmingham, Yr. R. Ragg, for• mcrly of Liverpool, egad 68. Tllo3l6oN.—llse. 13, at the Terrace, alai:viola-MIL Jenume. widow of the late J. Thornoon, EN., of Rutland-greet, Edinburgh. WARltli.—Dee. 16, at Kensington, Liverpool, Mrs. J. Wartys aged WESTON.—Dee. 15, at Newington-terrace, Kennington COllO2Ol l . W. Weetos Reg., aged 70. WILDL - Ik e. 16, at West Orange, Ripon, Mr. J. Wilde, lets of the Commercial tialo.roota., Mincing.lane. WOOD.—Dee. 16, at Siegal, near Leeds, B. Wood, Rm., sped':. Printed esd Fablimbed by WILLA.. titto HoLW, Of No. 8, Newt, la the City ea Landes. Meter. at the Mee. Lesm , "*.. KM% la the presiostul Whitetrite, TUOIDAT. DICOUIU :O. WO THE KLLlt'fic colt AR, TO PAJTSXO7 I• 14*y. ,111 WITH PATENT RLAIIIC PAsTRYING. Directions for Self .11.Nustrenowe. I. Rotted the Chest, tight over the Shirt. 2. hound the Wain, tight non the Shirt 3. Booed he the Ntr.k, taken shoed the midd;„ 4 t Throat. 4. Round the Writ. S. The *nea t of Coat Sleeve, from the an:re q Rick, down the seam of tette to hr.me of Cuff. I. The length of Shirt at back. Fay it the Sturm Are to open bark or fruit. (If with Collars attached, 3s. th e h al fys extra.) PATENTEES, COOPER AND PRYER, next door to the HAYMARKET 'IIIEATILE.