The Express. — London, England, 1851-11-24 00:00:00

Exchange on England is very firm at 101, with appearance of further exports of gold from this country. thir correspondent writes: NEW YORK Nov 11 Since my last we have had i:fewcinis y litter intel ligence from the south and west. We have dates from Havannah to the Ist inst. The news is without interest. Mr. Thrasher is in prison, and his brother with him. It is alleged that they are implicated in the late conspiracy of Lopez. I Apropos to this is a rumour from Washington, that the Spanish minister has proposed to settle the diffi culties between his country and ours in the follow ing manner:—When the new Spanish consul arrives at New Orleans and hoists his flag, it is to be saluted by a discharge of artillery. The damages sustained by the Spaniards in that city from the mob to be paid for. 'I he same salute is to be given the Ameri can flag at Havannah, and the American prisoners of war are then to be sent home. This offer is said co be with Mr. Webster, and under consideration. The Miaissippi steamer arriKsl here yesterday morning. The Hungarians are still on boiird. The officers of the vessel contradict the stories of a dis reement or rupture between Captain Long and Kossuth. The latter made a profound impression upon the officers of the ship. They arc loud in his praise. I send you extracts from our papers, which give a full account of the voyage. The result of the election in this state is not yet accurately understood. A mixture of whigs and de mocrats has succeeded. It is believed that we shall have a democratic president to succeed Mr. Fillmore. Two eminent citizens of New York departed this life on Sunday last, Dr. Kearney Rogers and Gardner Howland, of the firm of Howland and Aspinwall. Both were well known in your country. Mr. How land fell dead in his own house after he had returned from church. He died worth a million of dollars. The beginning of his fortune was a shipment of a sow and nine pigs to the Island of (Alba. He was very greatly respected. The Baltic arrived here the same day with the Canada, beating her about 24 hours. [For markets see but page.] —The British brig Conductor, which arrived at this port last evening from Bonaire, brought in Captain Thompson, the crew, and one passenger of the ship Oregon, of Boston, which sunk, on the 27th ult., in lat. 3fi'. lon. W}. The Oretron sailed from New York on the 23rd ult., for Kingston, Jamaica, with coal, and four passengers. During a heavy gale, on the 27th ult., the abiftior plank broke adrift, her cargo shifted, the vessel 611e4 with water, and sunk about 5 p.m. Both boats were stone in the gale, and rendered useless, and the prospect of saving the lives of those on hoard was almost hopeless, when I fortunately the top of the forward house came off; in con sequence of the weather side basing been cut away, upon which all the crew and one passenger, Mr. L. lt. Fish, 'scam& Three passenzers were unable to get upon the raft is fore the ship went down, and were lost. Their BMW , were Mr. Simpson, of London ; Mr. J. B. Duval, of New York ; and a young man shout 13 years of age, name not remembered. The crew remained on the raft three days and nights, without water or food, when they were fallen in with by the brig Conductor, of Yarmouth, NA., Captain Wyman, for whose kind treatment the survivors express their warmest thanks. MEXICO. By an arrival at New Orleans on the 23rd of October, we have important intelligence from the theatre of war, on the Mexican frontier, up to Friday last. We have no papers by this arrival, and the information which we have received is somewhat incoherent, though interesting. It appears that the revolutionary forces under Csravajal, bad attacked Matamoras, and, after a desperate fight, suc eeedid in entering the city; but, having learned that a sisal American steamer, plying on the Rio Grande, was coming up with Mexican troops, a body of the revolutionists consisting of about 200 Texans were detached from the main force, and proceeded to attack her with the intention of capturing the Mexicans and nixing two pieces of artillery which were on board. The commander of the steamer haring obtained information of this movement immediately put about and, proceeding to the Brazos, placed the troops and two pieces of artillery ou board the American war steamer Neptune. There they remained when Capt. Arnet left the Brazus. It was thought that the troops were anxious tojoin the revolutionists. The diversion a the Texans from f'aravaial caused a suspension of the attack upon Matamoras. But the revolutionary leader was expecting reinforcements from the direction of Cainargo, and when rejoined by the I two hundred Texans the attack Wan to be resumed with vigour. There can be little doubt that Matamoras fell into the hands of Caravajul on Friday or Saturday last. From verbal reports we learn that many of the United States troops on the upper line have deserted, and joined Cara vajal. We also bear that despatches have been received here fur more troops. In the first attack on Matamoras, it is stated that the revolutionary forces lost only three men in killed, but the mortality on the side of the Mexicans was much greater. We have no particulars as to the number of troop* under Geacrul Avalos, but his men are said to have fought with great bravery. When Captain Aruet left the Brazos. the Neptune was ready coaled, and it was supposed would make for a port some 1./0 miles south. The com mander of the Mexicans asked permission to march through the United States territory, in order to reach Matamoras, but this was refused. The appearance of the Texans pro- bably promoted him front going up on the Mexican side. Our le at news from the Rio Orsa&, which will be brought by On steamer Fanny or brig Brotrasrille, we look for with great interest. The Fanny will probably arrive by Sunday or Monday. LATEST FOItEION EXCHANGES. M 'mato, NOT. 18.—Three per Cents., 361 ; after Boha, 361 p. Four per Cents., 131. Fire per Cents., 161 ; after Solna, 161 c. Coupons, ; after Bolas, Bc. Passives, 6; after Bolas, Go. Bank of St. Ferdinand, 1.09 c. Exchange on London, 50.50. (By Kketric Televsph.) VIENNA, Nov. 22.—Five per Cent. Wialliques, 921. Exchange on London, 1`2.'28; on Paris, 149. IIANIBI:RIL, Nov. 22.—Three per Cents. Interior, 33 : Four-and-a-Half per Cent. Russian, 97f. BERLIN, Nov. 22.—Voluntary Loon, 102 ; Na tional Debt, 681. Exchange on London, 6.23 ; on Hamburg, 131;; ; on Petersburg, 106; on Vienna, Kg. AN mute, Nov. 22.—Five per Cent. Metalliques, ,31 do. Ardoins,l3/. Three per Cent. Interior,33?„ Russian Four-and-a-Half per C - ents.,lool. Exchange on London, 23.171. Bay ssets, Nov. 22.—Belgian Five per Cents., 981; Four-and-a-Half per Cents., 90; ; Two-and-a-Half per Cents., 4913-10. Exchange on London, 23.171. AMSTEILDAN, Nov. 21.—Five per Cent. Metal- Ropes, 70. Two-and-a-Half per Cent. Belgians, Five per Cent. Ardoins, 16. Three per Cents., Interior. 331. Russian Four-and-a-Half per Cents., 100. Tworoind-a-Half per Cent. Integrals, 371. &gauge on London, 11.83. TUE GUARDS AND TUE LLNE.—As a remarkable instance of the good fortune of the officers of the Guards senspaired with the line, the following facts are given:— In the recent brevet Lieutenant-Colonel Lane, formerly of the 44th Regiment, and Lieutenant-Colonel Thornton, lately of the Grenadier Guards, were both promoted to the tank of Wesel in the army. Colonel Lane entered the sonic* in 1783, and on reference to Hart's Army List, ap pears to have seen war service in the West Indies in IM and 179 i ; he served in the Egypt campaign in 1801, eihi subsequently in the Peninsular. Long afterwards —vigOn 1828, Colonel Thornton obtained his first commission is 61 Guards, and war service he has seen none. FIRE IN TUE GREAT Lai - ER COAL Miss.-2119 ere in the Great Lever Mine, belonging to Lord Bradilenk which was ignited by an explosion of fire-damp, on dra Bth inst., has not yet been extinguished. It MIS believed. from the appearance of the mine, that the an bed been ear nett,' subdued by Mr. Gurney's plan of 6111111111 eatbtala acid gas into the mine. The process was stopped-ea legur. day morning last, the opinion of the government haissear and other practical men being that the fire was ex tinguished. From Saturday to Thursday morning was occupied in clearing the mine of the choke damp thrown in to extinguish the fire, and it being supposed that the mine was sufficiently clear to justify an attempt being made to rescue the bodies of the two unfortunate men who were killed by the explosion, several persons IMO sent clown on Thursday morning. They found the man road, which is an incline down the centre of the pretty free from gas, the ventilation having it. •the levels, hewer, r, which branch off on eider, dal Sr the incline, were choked with gas, and a safety imp get into it was immediately extinguished. Lower timem s Ise the direction of the fire, they were enveloped is and sulphur, so as to make it unsafe to proceed tailless ilmil Z therefore they had to retreat without recovering is Wks of the unfortunate men. There is no doubt that Is In had been greatly subdued by the carbonic acid ges bat where the shaft was opened, the current of atatgap rric air appeared to have renewed the lame, and thee ren dered the attempts to remove the bodies abortive. Finding, therefore, that the fire had again broken out, the downcast alien was closed, and the proem of filling the mine with carbonic acid gas has been renewed, and is now being car ried on under the winerintendence of Mr. Gurney, the mentor of the system r It is wended to keep the mina ekarnid with choke dam p for a fortnight, and by that time it is believed the fire Mill be entirely eatinguished.—Man chafer Giardina. gbe Court. WINDSOR, Noe. 22. The Qucen and Prince Albert, with the Prince of Wales, Prince Allred, Prince Arthur, the Princess Royal, the Primes& Alice, the Princess Helena, and the Princess Louisa, left the Castle at half past 10 o'clock, by a special train, for Osborne, attended by the Marchioness of BOOM the Hon. Mir Cavendish, Colonel the Hon. Charles Grey, Lord Charles Fitsroy, Col. the Hon. A. Gordon, Lieut.-Colonel Biddulph, the Rev. Mr. Birch, and Mr. Becker. A guard of honour from the Grenadier ChM& was at the railway swims at her Mgesty's departure. SHORN B, SUNDAY. Her Majesty, Prince Albert, and the Royal Family, attended by the usual suite, arrived at Osborne at half-past 1 o'clock yesterday afternoon, from Windsor Castle. The Royal party crossed over from Gosport in the Fairy, commanded by Lord Adolphus Fitsclareoce. Colonel Sir George Cooper arrived at the Bedford Hotel, Brighton, on Friday, bearing the condolence of the Duchess of Kent to the Duchess of Gloucester, on the death of the King of Hanover. The Chancellor of the Exchequer returned to town aa Saturday morning, from a vi.it to the Speaker of the House of Colll=ollll, at his seat, liicktield, Hampshite. Sir Thomas Fremantle, Chairman of the Customs, had an interview with the right boo. hammier Sir Ale:ender Spearman had also an interview with Sir Charles at his of residence in Downing-street. Liest..Colonel Chads had an interview with Earl Grey, on Saturday, at the Colonial-office. PUBLIC MOVILNING YOB THE LATE KING OF 11•Norsa.--Ordere were issued from the Lord Chamber- laitt's Odes on Friday last for the Court's going into mourning at yesterday for the late King of Hanover. "The ladies to wear black silk, fringed or plain linen, white gloves, necklaces, and earrings, black or white shoes, fans, and tippets; the gentlemen to wear black, full trimmed, fringed or plain linen, black swords and buckles. The Court la to change the mourning on Sundae, the 7th of December neat; viz., the ladies to wear black silk or velvet, coloured ribbon., tans and tippets, or plain white, or white and gold or white and silver stuffs, with black ribbons; the gentlemen to wear black coats, and black or plain white, or white and gold, or white and silver stuff waistcoats, full trimmed, coloured swords and buckles." And on Sunday, the 14th of Dec. nest, the Court goes ant of mourning. A no tice has also been published by the College of Arms to the effect that, in pursuance of her Majesty's commands, al persons are espieted to put themselves into mourning for ten days, commencing on yesterday. The great bell of St. Paul's was tolled yesterday between the two services—a ceremonial only obwerved on the decease of a member of the Hord Family. A I'POINTMENTS.—CoL Rawlineon, her Britannic Majesty's Consul at B.igdad,' is promoted to the rank of Consul-General. Mr. J. A, Le Sour is appointed Postmuter at the Cape of Good Hope. John Imray, Esq., M. 1)., is appointed a member of the Council of Dominica. Mr. Waken is appointed surgeon to the QUeetCli l'rlson, in the room of Mt. Hobert Little Hooper, deceased.—Observer. THE EXPRESS, MONDAY EVENING, NOVEMBER 24, 1851. The Coroner having summed up the evidence, the court was then cleared for the jury to consider their verdict, and in about twenty minutes, the foreman stated that they had unanimously agreed to a verdict of " Wilful Murder "against the four prisoners, John Eyre*, John He- midi, Emma Leach, and Mary Ann Sims. The inquisition was then read over and signed accordingly, and the prisoners were immediately committed by the coroner's warrant to take their trial at the next assizes. KOSSUTH. Sunsenirrioxs.—Our Birmingham correspondent writes:—Whilst the 'limes newspaper, inspired by the infelicity which has characterised its articles of late, is vapouring about the uselessness of M. Kossuth's visit to the provinces, and the empty shouts which have greeted his progress, it may be worth while to point out that from Bit , minghain he has received the first substantial aid, as from Birmingham there went, early in 1849, the first marks of sympathy for the Hungarian cause. We are speaking now of an occurrence before the Hungarian struggle had become the fashion, and M. Kossuth the public idol; since that period the cause has gained many friends, and in Birming ham as elsewhere (doubtless) a good many people have taken advantage of the popular feeling to bring themselves before the public us favouren of a holy strife which they never assisted in its infancy; s ill the fact remains that from Birmingham has gone the substantial aid, Mr. H. W. 1 yndall (deputed by the committee) having last Tuesday, in an interview with M. Kossuth, at Eaton-place, presented to him 7d01., which had been subscribed by a few gentlemen, to be by the illustrious Hungarian appropriated as shall seem to him most advantageous to the cause of Hungary. We are assured by Mr. Robert Wright, who has largely interested himself in the promotion of the cause of Hungarian free dom, that there is every probability of a further handsome sum being raised for the same object. The list of sub scribers to this fund has irA been divulged, but, without being guilty of any breach of confidence, we are enabled to state that Mr. Charles (leach, M.P., subscribed 1001.; and Mr. Monts, SUP., Mr. Scholefield, M.P., Mr. Alderman J. James, Mr. Charles Sturge, and other gentlemen have made equally liberal donations. SERIOUS COLLISION ON TILE LONDON AND NORTIL-WESTERN RAILWAY. A collision of a very serious, if not fatal, character took place on Saturday evening, on the London end North western Railway at Weedon, by which nearly all the passengers in the 4 o'clock up train from Rugby were more or leas injured. It appears that the 4 o'clock train from Rugby due in London at half-past 7, started from Rugby at its proper time, arriving in due course at the Weedon Station at 25 minutes after 4. At this time it was still daylight, and all the punter *tapping signals were on at the station. At the Weedon Station there are no sidings, and the passenger I train, in which was Captain lluish, the general manager, and Mr. Bruytree. the chief superintendent, both of whom bad I been down for the purpose of making arrangements for the opening of the Stour % alley line, meeting with a coal train at the station, had to wait on the main up line until the coal train had been shunted on to the down line, to allow the passenger train to reach the platform of the Weedon station and then pass on. The pauenger train had reached the platform, and was discharging and receiving passengers, and the coal train was still shunting across just up above on to the down line, when an engine and cattle train of 13 heavily laden carriages, dashed into the passenger train with great violence, breaking several of the nearest carriages, and also dashing the passenger Mill forward into the coal train, which had not yet entirely got across on to the down line, with such violence, us to knock several of the coal trucks completely over. As soon as the alarm occasioned by the first shock of the collision had in mine measure subsided, surgical aid was procured from the town and barracks. A gentleman, named Currie, of Warrington, and connected with the firm of Ridgway end Co., the tea-dealers, of King William street, City, was taken out of a second-class tannage appa rently lifeless, and was reported as dead, having MU. mined some frightful lacerations and injuries to the head. A second, in almost as bad • condition, was taken from the same carriage, and proved to be the servant of Colonel Sir Douglas l'ennant, also a passenger. A third gentleman, Mr. Cleatun, of Upper Barnsbury-street, Islington, was also taken out insensible, with several several severe cuts about the head and face ; and Mrs. (3ower ' of Oxford street, was also very much shook and injured. Most of the other paueuacers suffered more or less from wounds and contusions. Capt. finish was himself very severely injured about the bead and face, as was also Mr. Bruyeres, whose escape from death was truly miraculous. It appears that on the Rugby train reaching the platform Mr. Bruyeres, who was in the same carriage with Capt. Huish, got out, and at the mo ment of the collision was standing with his hand on the carriage door, whilst Capt. Huish, who had not left his seat, had his head out of window conversing with him. The shock caused the captain's head to be driven violently from one aide of the opening of the window to the other, whilst a portion of another carriage, lifted completely off the rails, struck Mr. Bruyeres on the shoulder, knocking him down, end he in turn knocking others down who were standing near him. Mr. Bruyeres rolled towards the car. riages still in motion, and had not a gentleman seized him by the coat, he must have fallen under the wheels and been est to pieces. The matte, it is understood, were not much mutilated, bat the up lino was blocked for several hours, and the Rugby train did not reach the Ruston terminus till nearly 11 o'clock, when Xs. Clinton, Mrs. Gower, and most of the other passengers were sufficiently recovered to proceed to their residences. Mr. Currie, however, the gentleman reported as dead, and the servant to Colonel Douglas Pen nant, still remain at the Weedon station. The former, although insensible and apparently lifeless for several hours, was yesterday afternoon reported to have resovered his senses, and to be enabled to speak. He has, however, received, in addition to other injuries, severe concussion of the brain. The other sufferer at Weedun is reported as progressing favourably. Captain Huish, although having received very painful injuries, and Mr. Bruyerea, were last evening also reported as much better. THE DEMERARA STEAM-SHIP.—The Demerara,' I Royal West ludic mail packet ship, of whose stranding in the river Avon accounts have already appeared in the Dolly News, was removed on Sat u rday from the berth she had taken up on the Somerset/hire bank of the new course of the river Avon, and hauled into the Cumberland floating basin, where she now lies preparatory to her being dry docked, which will he effected as speedily as possible, so as to permit a close surrey of her bottom. A committee of the Society of Merchant. venturers were engaged during the greater part of Thursday and Saturday, in investigating the conduct of the pilot, Percival, in whose charge the ship was at the time when she ran aground. The appointment and supervision of the pilots of the Bristol Channel are meted in the Corporation of Bristol, who, by royal ebor y*. as well as by act of Parliament, are made conservators of the river, from the Steep Holmes to the Barham Locks, but that body delegates its povers, as far as they relate to I pilots, to the Merchants' Hall. The committee came to the conclusion that Percival the pilot had been guilty of error of judgment, in having so much way on the vessel, but taking into account the excellent character he had received for steadiness and nautical skill, they considered that the justice of the case would be met by his being suspended from the exercise of his calling for six calendar months. DEPARTURE OF TER ROYAL MAIL BiLA,M-iIMIP AnnitioA.—On Saturday, shortly before noon, the British and North American Royal Mail steam-ship America, Capt. Harrison, let time Mersey for New York direct, with the usual mails for the United States and British America, about fifty passengers, and a valuable asp. MURDER AT ROMSEY. (Vro ete Ihs.spsAire Advert(ser.). Considerable excitement prevailed in the town and neighbourhood of Romsey, on Friday and Saturday last, in consequence of a report that John Saffe, an inhabitant of the village of Minesteed, in the New Forest, had been miss ing since Thursday evening, when he was seen intoxicated, and in the company of four persons of low character, who had been observed loitering about and drinking with him for several hours before he left the town. The deceased was a small tanner and dealer in timber and other things, for which purpose be was in the habit of frequenting the neighbouring towns and villages with alone and cart. Last Thur-day, the 13th of November, he drove into Romsey, as usual, to get some corn ground at the Town Mid, but to the surprise of his friends, who had never known him stay out all night, be did not return. On Friday morning , therefore, his brother went to Romsey to make inquiries after him, but hearing that he had fetched his flour from the mill about four o'clock the day before, and left his usual place of resort soon afterwards, in a state of intoxication, he thought he might possibly have passed him on the road, and returned in the hope of finding him safe at home. In this, however, he was disappointed, and the next morning (Saturday) his son and brother proceeded to Romsey for the purpose of making further inquiries after him. In the meantime, a hat had been found in the river Test, between the bridge and Sadler's Mill, and an empty canvas purse on the cause way adjoining, both of which were recognised as having belong to the deceased. The circumstances were then com municated to the police, both of the town and county, under whose superintendence au active search was made (or the body until Sunday morning, when it was found lying at the bottom of the river, adjoining a place called Pearce s ' meadow, an inclosed and secluded spot, about thirty yards above the mill-bead, and far removed from any public road or path. Information was then given to the coroner, who immediately ordered a post-mortem examination to be made of the body, and appointed Tuesday moralise for the inquest. The case was also reported to Mr. Stanley, one of the county magistrates, who issued a warrant for the apprehension of John Eyres and John Keinish, two of the persons last seen in the company of the deceased, and re manded them for further exanuuation. The postmortems examination of the body was made by Mr. Wiltshire, surgeon, of Romsey, who afterwards deposed that he found no mark of external violence, no trace of disease, nor any appearance to indicate that the deceased had died from apoplexy, or any other natural cause. On the contrary, the general aspect of the body was that of a strong-built, healthy man, and all the vital organs were perfectly healthy, except that the lungs and brain were in a congested state, as in cases of suffocation ; and he had therefore no doubt the death of the deceased had been caused by drowning. The inquest was commenced on Tuesday, at 11 o'clock, before Mr. Todd, at Romsey, when the avid. ace of twelve witnesses was taken, disclosing cir cumstances of so much suspicion against the two men in custody, and also against two women of the names of Emma Leach, and Mary Ann Sim., that the latter were imme diately apprehended, and all four remanded for further ex amination. The inquest was then adjourned till the follow , ing morning, when it was resumed at the Town Hall in the presence of the four pile:otters and a vast concourse of people of all classes, including the mayor and several of the borough magistrates. Fourteen mote witnesses were then examined, each of whom deposed to facts elucidating the circumstances under which the deceased came to his end, and implicating more or less the parties suspected to have been concerneu 1 1 in it. The depositions were of course voluminous, and the facts disclosed by them necessarily much intermixed, but the folios ing may be relied upon us a correct epitome of their contents, so arranged as to convey an intelligible out line of the circumstances:— The deceased left his house at Minestecd shortly after keakfast on Thursday morning, for the purpose of taking sone corn to be ground at the town mill at Ramsey, where be arrived and left the corn about eleven o'clock, with an understanding that he was to call for it between three and her In the afternoon. He then put up his horse and cart at tbe levee of Charles Bailey, a retailer of beer in Middle bridge-street, where he had some bread and meat with two rang men from the same village, with whom he sat till shout two o'clock, and then went into the town. Between two and three he was seen in Hog•lane, rather the worse Ise liquor, playing with some children and talking to some women, one of whom was the prisoner Sims, whom ho in. lifted to go down to Bailey's and have some refreshment. At half-past three he returned to Bailey's, accompanied by tbe two female prisoners, and bringing his horse in har ness, but without the cart. He then sat down in the tap room with the two women, whom he treated with bread and meat and beer, until a quarter to lour, when Hwy all left together, and the deceased went up town with his horse. About four o'clock he went to the mill with his bone and cart, as appointed, took away his grist, and paid bit the grinding. In so doing he produced a double can was purse, outof which he took a handful of money, con sisting of silver with several gold coins intermixed. After baking the payment, he replaced the remainder of his trogin the purse, which he put into his left-hand es pocket, all which the miller particularly noticed, an the deceased had evidently been drinkii.g. lie then re- Inesed to Bailey's with thehorse and cart, containing three tat *or sacks partly tilled with flour and bran, and after Owing the horse on to the railings in front of the house, re swami his seat in the tap-room, where he was joined by the four prisoners, and ordered a quart of beer, of which they all partook. He then ordered another quart, but the land lord, seeing his state and the company he was in, endea voured to dissuade him from having any more, but Sims whispered something in his ear, Leach threatened aloud to leave him, the men joined in persuading him to have more, and another quart was introduced. At half-past four the deceased anti the four prisoners all left the house together. At that time the deceased was quite intoxicated, though not so bad as he had been on some former occasions, so that he was able to get up into his cart without assistance, after which the landlord went out and untied the horse, but seeing the four prisoners Mitering about the place, he cau tioned the deceased against them, and wished him to leave his money with him until he came in again. He promised to go straight home, but refused to leave his money, and unfortunately the whole of this conversation took place aloud and within the prisoners' hearing. The landlord then led the horse a short distance towards the bridge, and the deceased drove off quietly in the direction of his home. Some neighbours, however, on the opposite side of the road, observing what had passed, had their sus picions aroused, and watched him for several minutes after he had passed over the bridge. The two female prisoners, who bad gm* ow before, were then seen to follow the cart, selling out to the deceased to stop and give them some beer, the two men at the seam time waiting near the spot. After they had called him several times, he unfortunately yielded to their request, and pulled up at a public-house called the '• Bridge Tavern," kept by W ahem Webb. There he was helped out of the cart by the two females, who accompanied him into the house, and were immediately followed by the two men. More beer was ordered, anti the whole party began carousing and making such a noise, that a re spectable person who happened to be taking tea there at the time, was obliged to leave the house. The beer was paid for by the deceased out of his canvas purse; shortly after which an altercation took place between him and the pri soner Eyres, about a shilling which Eyre' demanded of him for finding a bundle of leather some time before, and Eyres became so noisy that the landlord threatened to turn him out of doors. About six o'clock, the two female psi- Boners went away, and in about five minutes the deceased left the room, and never returned. About the same time Eyres took away the horse and cart of the deceased, which were recognised by Bailey just as they were passing hie house, upon which he accosted Eyres, asking him what he was going to do with them—and what was become of the deceased? Eras replied that he did not know where the deceased was, but that he was going to take the horse and cart up street. To this Bailey most positively objected, and with some difficulty succeeded in obtaining possession of the horse and cart, which he put into his own stable, ex pecting that the deceased would come and fetch them, for which purpose he waited up till past twelve o'clock, but saw nothing of him. Eyres then returned to the Bridge Tavern, where he sat drinking with Kemish till between six and seven, when they went away together. Between six and seven, the voices of men and women were heard near the Bridge Tavern, and in a few minutes they went down the causeway together, leading from the bridge to Sadler's Mill. There appeared to be three or four persons, but the witnesses could set see who they were. They did not speak loud, audit was nearly dark. About the same time, namely, between six and seven (for none of the witnesses attempted to fix the exact time of anything that occurred), a little boy of the name of Glasspool, son of a journeyman miller, who works at Sadler's mill, was standing by himself aear the causeway between the bridge and the mill, when he heard the voice of a man down by Mr. Pearce's mead, call ing out to lay hold of some one, directly after which he heard the voices of two women screaming as if frightened. , IThe voices all seemed to come from the same place. He heard no more, and saw no one. Between eight and nine ' the same evening, the two male prisoners were met to -1 gather in the town, in a state of intoxication, inquiring for 1 the female prisoner, Leach, and threatening that Halle did not " dub up," there would be a row in the Moe/11111. This was said on more than one occasion. About theism time, a young man passed by them, and heard one of the NT to the other, " Let us go and have some beer, for wetness's*" away with him (adding an oath) now." Anothseiritnem beard them say they had plenty of money, for they bad " done the trick," They were about the town, however, for some time after that, endeavouring to obtain beer, but ap parently without the means of paying lc) , it. About tea o'clock they returned together to the Bridge Tavern, and had more beer. While drinking, Eyres kept saying he knew a thing or two, and upon being pressed by the land lord to tell what he meant, said he would learn in the morn ing. The two male prisoners slept that and the following night under a rick in the neighbourhood, and were con stantly sew together until taken into custody. Hanish was seen in two different dresses (a velveteen coat and a white swesit4solk) on Thursday night. The canvas purse , bekoillas Op Ibe stemessed was found lying empty upon the Onotoror boooses the bridge and Sadler's mill, oa Friday mooolai lei slow the same time his hat wee found in the deer NOV oggeette, with sawdust sticking to it, showing Me It some through the mill, one part of which is Yid op sr a saw-mill. All the witnesses having been examined, and sevens' of them etose-examined by the prisoners, especially by Ke ntish, the priaonen were severally aakeil, in the usual form, whether they wished to say anything, or to call any wit nesses, when they all declared their innocence, bat de elined to say anything more, except Sims, who made a statement that she and Leach left the Bridge Tavern with a Mrs. Webb (one of the witnesses) soon doer six o'clock, after which she went to her brother's bogie, in Hog lane, and there remained till ten o'clock. To peeve this, she called aM. Barnett, who lives next door t o h er moihar, and her evidence, to a certain extent, corroborated the prisoner's statement. IRELAND. DUBLIN, Nov. 22. The following reference to the statutes of the Synod of Thurles appears in the Nation this morning : These portentous decrees are at length printed. They form a thin octavo volume, of between 200 and 300 pages, and are, of course, written in the language of the Latin church. The greater number of the statutes deal with the manner of administering the Sacrament, in accordance with the Roman Ritual. They prescribe the place and time, wherever it was found necessary, in order to restore the practice of a strict conformity with the customs of catholic countries. But the statute most anxiously expected is that which deals with the provincial colleges. It directs the immediate withdrawal of ecclesiastics from all connection with them, and punishes disobedience by suspension from all ecclesiastical; functions. The publication of the statute in each diocese is, we understand, imperative, and hence the deans or other clerics holding office in any of the col leges will forthwith come under their operation. There is no direct prohibition against lay catholics attending them beyond that implied in th e en ti re withdrawal of eccles iastical guidance or sanction. We understand the statutes will be made generally accessible within a few days. The death of the King of Hanover having left the chancellorship of the Dublin University vacant, the question of n successor has become a subject of dis cussion. The Erevan!, Mail says: The head of a place of learning should be a learned man ; and, we will add our opinion, in which we have sin fear of being in a minority amongst our countrymen, that the head of an Irish University should be an Inshroan. Ile should also be an Irishman who has graduated within its walls, and whose name has given a world-wide reputation to the course of instruction which is pursued there. If the board consider it the most important Juty they owe to themselves and to their country—as, we have no doubt, they do—to induce the Irish resident nobility and gentry to patronise our university in preference to all others, they will not neglect this opportunity. Let them remember what , praise they earned from all sorts of people, on the occasion of King George the Fourth's visit, by excluding from the royal table Irishmen, even of the highest rank, who had not been affiliated to their national institutions. Our only duke was shut out along with the greatest number of our marquises and earls ; and to that spirited assertion of its own dignity, Trinity Cullege was, most probably, indebted for having been afterwards selected as the nursing-mother of the man, whom the voice of Europe—if it were can vassed from east to west—would now designate to fill the highest throne of science in his native hind. It is scarcely necessary to name the Earl of Rosso. The public have named him already. Yesterday no fewer than nine properties were put up for sale in the Encumbered Estates Court, con sisting of lands in the counties of Cork, Kerry, Longford, Leitrim. Cavan, Tyrone, Wexford, and Dublin. None of the estates, however, were con siderable, nor was there any feature in the sales de serving of particular attention. The gross sum realised by the various sales effected during the day was 21,5541. Eleven new petitions were filed in the court during the past week. Eight absolute orders, and as many conditional orders of sale were made, and funds to the amount of 9,9901. were distributed. The extension of the Londonderry and Enniskillen Railway to Newtownards will be open to the public by Christmas. The Duchess of Sutherland and the Lady Con stance Gower are at present on a visit to the Duke of Devonshire at Lismore Castle, where their arrival has been celebrated with a series of brilliant fi.s tivities. COMMERCE IN DUBLIN.—We are this week enabled to report somewhat more favourably regarding commercial business in Dublin, and the accounts from various parts of the country are certainly less discouraging. Thu com parative abundance of the late cereal harvest is beginning to produce a salutary effect, and the continued safety of a very large proportion of the potato crop—far the largest in extent and yield since the commencement of the blight —is gradually restoring confidence amongst the owners of landed property and the remairling occupiers. In Dublin, although mercantile transactions are still much more limited than in former years, public credit is exceedingly well main tained, and we arc assured from well-informed quarters that rarely have payments been made with greater punctuality. —Dublin Mercantile Adcertiser. SPORTING. CREWE STEEPLECHASES. GRAND STERPLECIiAiIiIIANDICAI;Iii6OTS. eacb, &e. Isaac, aged, Ilst 31b ; Peter, aged, lOst 12Ib ; Jesuit, aged, lOst 10Ib ; Ploughboy, aged, lOst gib ; Heroine, aged, lOst 71b ; Barrister, aged, 10st ; Wideawake, aged, lOst ; Chatterbox, aged, 9,t 12th ; The Cripple, aged, 9st 810 ; Cheerful, 6 yes, 9.t 6th ; Braggadocio, aged, 9st. COURSING. NORTHUMBERLAND, DURHAM, AND NEW CASTLE UNION MEETING. Purrr STAKES of 3 guineas each, 64 subs, were won by Mr. Csxr's Flying Childers ; Mr. Carr's Mayor of Wark worth ran up. ALL-AGED STAKES, 32 subs, were divided by Mr. Robin son's The Admiral and Mr. Warkworth's Grinding Tyrant (drawn). BORDER UNION MEETING.—Nov. 18. SWEEPSTAKES (16 dog.) were won by Mr. Milburno's Baron, Mr. Birney's Ben Lomond. NAVAL. ADMIRALTY, NOT. 22.—APPOINTMENTS.—Mate J. B. Anderson, to Ardhusa. Surgeon J. Browne, to Rapid. Banner J. Woodman, to Waterloo. Carpenter J. May, to IVaterloo. Pottroloon', Nov. 23.—The Fairy, royal yacht, Captain Lord A. Fitsclarence, conveyed her Majesty. H.R.H. Prince Albert, and family, from the Royal Clarence yard, at half-put 12 o'clock yesterday, to Cowes, en rotas from Windsor to Osborne. Om her arrival at Clarence- Womtr Mejesty was received by the Port Admiral, Sir Briggs. the Lieutenant-Governor (acting) of the Garrison, Lieutenant-General D'Aguilar, Admiral Super intendent Prescott, Captain Superintendent Sir W. E. Parry, the officers of the staff and garrison, and a guard of honour from the 7th Royal Fusileers, under the command of Lieutenant-Colonel Wilbraham, with the band of that regiment. This being the first reception at this port of her Meet y by the present naval and military commanders-in-chief, Admiral Briggs and Lieutenant-General D'Aguilar, they had the honour of being presented to the Queen. The Fairy, followed by the Elfin, in passing through the harbour was saluted by the ships in commission, and the platform battery ; the other usual ceremonies being also observed. Her Majesty landed at East Cqwes at 1.17, and arrived at Osborne at 1.30 p.m. The Helena, 16, Commander M. De Courey, was towed into harbour yesterday, to be paid off. The Sprightly, steam-vessel, Master Commander G. Allen, sailed yestenisy with supernumeraries for the Hecate and Rosamond steamers at Davenport, for conveyance to Lisbon and the West Indies. MILITARY. LIEUT.-GENERAL SIR WY, NAPIER AND MS. S. OVHNEY.—A correspondent says:—Sir William Napier, in his last letter to Mr. Gurney, dated the 21st mat, says "But he (the soldier) loves not war, why should he? What does he gain by it ? Death, wounds, pain, disease, prema ture old age and poverty, and insult when his services are no longer in request. Is that justice, friend ? Is it credit able ?' Now, although there may be in the army men who have undergone most of the ills so graphically described by Sir William Napier, he and his family cannot complain about poverty, insult, or neglect; for Sir William enjoys the Culonelcy of the 27th Regiment, at least 1,0001. per annum ; Sir C. J. Napier, the Colonelcy of the 22nd ; and Sir George Thomas Napier, the Colonelcy of the Ist Wert India Regiment, which two latter colonelcics are, we confi dently believe , worth more than 1,0001. a-year each. It is now understood that those officers holding staff appointments who, by their recent brevet promotion, will have to vacate these appointments, are to continue to hold the same until the cad of the financial year, via., 31st March neat. Colonel Taylor, late of the staff at Parkhurst, Isle iof Wirht , is, it s said, to succeed Sir Richard Doherty as inspecting field officer in London. The United Service Gazette states that Lord Cath cart, who at present commands the northern and midland district in England, will certainly have the command in Ireland, which Sir Edward Blakeney is about to vacate. The United Service Gazette says :—The law re ports of the week announce the committal of Mr. Harris to prison for the publication of the libels on Captain Hort, of the 4th King's Own, one of which libels Lieutenant Harris was dismissed for disseminating. The particulars of the case must be so fresh in the memory of our readers that it would be superfluous to repeat them. We cannot, however, refrain from remarking how much it is to be lamented that when the treatment which Lieutenant Harris was alleged to hare received from Captain Hort was represented to the Commander-in-chief, his grace should have " declined to ' interfere." From what has since transpired in reference to ' the King's Own, it is manifest that there was a lack of that capacity for control which would have enabled a finn cam:lan ,ding officer to deal summarily with thecase. The interfer ence of the duke therefore became the more necessary, and it is fairly presumable that if the subject had been entertained at head quarters, unanimity might have been restored, I Lieutenant Harris deprived of en inducement to circulate libels, and his father saved the ignominy which is to rob him of his liberty and his fireside for the next six months. On what principle his grace declined to interfere, we of Bourse do not know. Is it uaremonable to conjecture that ' this was one of the many affain put de rote because it din tubed the leisure tithe setegeuerisa chid? Zab3 intelligence. EQUITY COURTS.--EATUIDAY. Bisesz nor Loans Joaricas or Ansa. ATTOREZT•OINERAL O. MURDOCH AN D OTHERS • N . • Mr. Malian was heard in completion of the defendant's case. The court observed that the substantial quer ion in the cause was whether the declaration, which formed the key stone of the decree—vis., that the minister of the Low Meeting-home must be a minister of the established church of Scotland—could or not be made out as matter of fact? The Solieitor-General then replied. Ile said that the terms of the deeds evidencing the trust, of the Meeting house showed that those trust* were for protestant die renters. This was a general term, and would include all who were neither papists nor episzopalians. It was admitted, however, on the othertide that the trusts mustbecontined to presbyterians. At the period of the foundation of the con gregation the various classes of English dissenters had become merged into the two great divisions of independents and presbyterians : and these with the presbyterians of ' Scotland formed the three great bodies of dissenters. Now the independents were a self-governing body, and acknow ledged no allegiance to a superior or governing body. Not so the presbyterians, who were as strict as the episcopalians themselves in their allegiance to a superior governing body. They recognised the authority of the presbyteries and the generul assembly. It was admitted that the congregation of the Low Meeting-house wise not ,elf-governing, but that they acknowledged a superior authority. They were, therefore, presbyterians, and the only question was to which order of presbyterians, the English or the Scotch, they were connected? Now of this there was no room for doubt. It had been attempted by the other side to prove a connection with a body of English presbyterians called the Northum berland class, but this the evidence failed to establish. On the other hand, the evidence showed an uninterrupted con nexion with the presbyterians of Scotland. This was fully shown by the fact that from the foundation of the congre gation downwards the ministers chosen by the congregation had been either ordained ministers or probationers of the kirk; and also by the mutuality of occasional services be tween the Berwick ministers and those of the kirk. It was shown moreover by existing records of the chapel, evidencing a custom of the congregation previously to the election of a minister, to pass a resolution by way of announcement that the candidate must be of the kirk. This was sufficient evidence to establish a connexion with the Scotch rather than with the English presbyterians; and that point being established the inference followed that none hut a licentiate or duly ordained minister of the kirk could be allowed under the trusts to officiate as minister of the chapel. At three o'clock the court rose, the remainder of the learned counsel's reply being reserved for Monday (this day). &TYING' AT I INCOLNIFINN, A.M. 155 tans CRAPICELOS. Sewatt v. MtinaLY.—Moicroata: INCumnit.liSCKS.— REcniveitsxiy This was an. appeal from a decree of the late Vice-Chan cellor of England. The case was somewhat complicated in its facto; the object of the present appeal on behalf of the plaiutiffs was to hare a receiver of rents appointed over certain leasehold property, of which the chapel in Quebec ' street is a part. The plaintiffs claimed a certain annuity and interest charged on the estate, and the main question was as to the validity of certain incumbiances on the es tate asserted by the defendants, and it involved allegations of improper conduct on the part of a trustee. It appeared from the state of facts betbre the Master that Beeston, the trustee fur one Benjamin Simmonds, deceased, a defendant in the original suit, claimed a considerable sum of money in respect of these ineumbrances. By deed in 1815, Sewell and wife, the original plaintiffs, grunted au annuity of 671. 103. on his life to one Norris, and the leaseholds in question were assigned to Carpenter us trustee for Norris. In 1831 Carpenter died, leaving Cresswell his executor. By deed, dated August 29, 1836, in consideration of the sum of 1201., paid by one Etheriugton to Norris and Carpenter, the annuity was assigned to him, and the leaseholds to Stevens as his trustee. Another incumbrance consisted of a judgment debt for about 700/., in a cause " Carpenter v. Sewell." On the 29th of August, 1836, Cresswell, the executor of Carpenter, in consideration of the sum of 301., assigned that judgment to Etherington. The next indenture was dated July 20, 1839, and by it, in consideration of the sum of 600/. paid by Beeston to Etherington, the latter assigned the judgment and annuity to linu, and Stevens assigned the leaseholds to Yastori, as trustee for Beeston. That was the state of facts, as it originally appeared ; but Beeston subsequently made an affidavit before the Master, on the production of a receipt dated August 1, 1839, by which Beeston acknowledged to have received a auto of 2,000/. from Sirnmondo, the original defendant, in discharge of his (Betston's) claim to the annuity, ikc. In that affidavit, Beeston declared that the transactions were fictitious, and made by Simmonds for the purpose of defeating the plaintiffs' claim. With respect to the sum of 120/., he declared that no such payment was ever made, and that the only sum paid was 30/. 2thcrington, a common friend of Simmonds and Weston, was procured for that purpose ; and Stevens, another friend, named as trustee. Simmonds, he said, gave him a cheque for the amount, and the costs of the deed. Notices of Clear incumbrances were afterwards served on Simmonds to make it appear a bona fide transaction. It was further stated that the money was immediately handed by Ethcrington to Beeston, and by him returned to Simmenda. 'the must curious part of the affi davit was that which related to the alleged payment of the 2,0001. It was arranged, so the deponent said, between him and Simmonds that Simntunds should pretend to pay hint 2,0001., sad the transaction was managed in this way : Simmonds gave Weston note* fur 400 i., which the latter put into his desk and then left the room. Simmonds opened the desk, took put the money, called Beeston into the room, paid it again, and it was again placed in the desk, and the form gone through until the payment of 2,0001. had been completed. The deponent further added that the whole scheme was devised to "do " the plaintiff out of his claim. Simmonds died in 1811, and a bill of revivor was filed against the present defendants ; under these circumstances it was the ob ject of the plaintiffs to obtain the appointment of a receiver of the rents. The Vice-Chancellor of England re fused the application, and the question again came on ou exceptions to the Master's report, its an argument before Lord Cranworth in July last; but the pro', nt appeal was from the decree of the Vice-Chancellor. The appeal was partly heard last term. Mr. Bolt and Mr. A. Smith were for the appellants ; and Mr. Bethell and Mr. Elmsley for the respondents. Mr. Smith having now concluded his reply in urging the right to the appointment of a receiver, the Lord Chancellor took time to consider his judgment. OROTE O. BASTARD.—MARKETABLT. TITLE. This was mainly a question of costs, and arose out of a suit for specific performance of a contract to purchase an estate. The plaintiffs, • solicitor and medical gentleman, were trustees under the will (dated June 15, Ittl4) of Mr. Clifford Martyn Young, a gentleman of Devonshire. In July, 184.5, they entered into an agreement with the de fend=t, Mr. Richard Bastard, for the purchase of a free hold estate devised by that will, the contract to be com pleted by the month of December then ensuing. An ab stract of the title was furnished, which contained, amongst other matters, the terms of Mr. Young's will. By that deed the testator devised his estate, subject to the wife's interest, to the plaintiffs (the testator's medical attendant and the solicitor who drew the will), as trustees. After providing for the payment of certain legacies, the estate was to be divided into three equal parts, one to go to the children of each of the trustees, and the remaining third to be divided amongst certain charities in the city of Exeter. By a codicil, executed on the following day, the latter bequest was revoked, and the third part devised to the children of the testator's sister, and on a specified contin gency to be added, in equal portions, to the other two thirds. Shortly after the abstract was given to the defendant the heir-at-law threatened pro cee,:ings to set aside the will. The plaintiff soon after gave notice that unless he proceeded to do so within one month they should go on with the completion of the sale. After some delay, about the beginning of Janu ary the heir-at-law instituted proceedings at law in the form of an action for money had and received. The plain tiffs however did not wait the result, but on the 19th of February filed their bill against the defendant fur specific performance of the contract. The defendant put in an swers stating his readiness to complete it whenever a good marketable title was given. On a motion for reference to the blaster to inquire as to the title, the matter stood over to wait the result of the proceedings at law. Meantime the heir-at-law failed in his action, and a motion for a new trial was subsequently refused. The Master's report set forth, amongst other things, that the plaintiff, Mr. Grove, three days after the execution of the will by Mr. Young, made a declaration before a MasterEstraordinary in Chancery that on the mention by the testator of his intention to make a bequest to deponents children, he had done all that lay in lus power to dissuade him from doing so, urging him to leave his property to his own relatives, and it was only on seeing that the testator had very positively made up his mind on the subject that he, the deponent, consented to carry out his instruc tions. It further appeared from the declaration, that it was not until the testator was actually about to make a formal execution of the will, that the deponent knew how the blanks which he had been instructed to leave in the deed were to be filled up. The master reported that a good title was shown before the filing of the bill, which view was adapted by his Honour `ice-Chancellor Knight Bruce. On appeal to the late Lord Cottenham, his lordship directed that the proceedings should stand over 01 a bill was filed to establish the title against the heir-at-law. The present appeal related to interest ou the purchase-money, and costs arising out of these proceedings. Mr. Wilcock, on behalf of the appellant, said his client bad expressed his willingness to complete the contract whenever a good title was given. The Lord Chancellor asked what was the objection to the title Mr. Wilcock—The objection was that the will was in ilis inherison of the testators brother and sister. The Lord Chancellor—But is that an objection to the validity a will? Mr. Warmth argued that there might be a good title, but under the eireststances it was not a marketable title ; and at all events the defendant was entitled to have the validity of the will established. A title like Ciesar's wife should not only be pure, bat above suspicion. The Lord Chancellor—lf that rule is to be rigidly adhered to, there will be a great many bad titles. Every disinherited heir suspects the will. Mr. Wilcock contended that his client was bound only from the time a good titlewas shown, and that he was entitled to interest on the purchase money, from 19th Januar y , 1846, during the time the property had been with the vendors. It was contended contra, that a perfectly good and mar ketable title was shown in the abstract furnished to the de fendant when the agreement for purchase was made. The Lord Chancellor postponed judgment. Boom rig Mum 01 TVS Um. ALDEVIRT V. SAYS: ALBEBLItT V. ALVERVRT. The plaintiff in this cue married, on the 17th of October, 1840, a Miss Mann, and a settlement was executed the day previously by which anyproperty which the plaintiff had, or might become p of, was settled upon the wife and her children. The object of the suit was to limit the words in the settlement to any property which the plaintiff is or may become possessed of under the marriage settle ment of his mother, which only, it was contended, was the intended object of the settlement. The Muter of the Rolls decreed that the words in the settlement should have the limited construction put upon them prayed for by the bill. BOORS Tea-Casmcatwa TCINF.II. HUGHES r. WELLS.—PowEU OF ArpotsrHENT. The bill was filed in this case by the plaintiff, as the representative of the surviving trustee of the settlement executed upon the marriage of Sir John Wells with his wife, Jane Dealtry, daughter and coheiress of Peregrine Dealtry. The settlement was dated in 1815, and by it all the personal property of the wife, which consisted of money in the funds and various sums on mortgage, amounting al together to about 25,0001., was conveyed to trustees for her separate use, with a general power of appointment to be exercised by her notwithstanding coverture, during the joint lives of herself and her husband, by and with the consent and approbation of the said husband, testified in writing under his hand and seal ; and if she ahould survive her husband, the property was made subject to her own appointment; and in default of appointment, subject to various trusts. The property was never transferred into the names of the trustees, nor did they in any way interfere during the life of the husband. Before 11 , r mar riage Lady Wells had kept a banking account at Smith, Payne, and Smith's ; and shortly after the marriage an ac count was opened in the joint names. This was, however, very shortly afterwards closed again, and the balance trans ferred to the account of Lady Wells, but she not liking the trouble, as was said, of business, gave orders to the bankers to honour her husband's cheques. Some time afterwards pewees of attorney in the usual form were executed by Lady Wells to her husband, and certain sums standing in her name in the hooka of the Dank of England were transferred into his name. Sir John and Lady Wells then went to live at Butler's-green, near Cuckfield, and Lady Wells became desirous of purchasing a house iu that neighbourhood. Accordingly, after some time, a house at Lindlield coming into the market, Sir John Wells entered into a con tract for the purchase of it fur the sum of 5,500 f., which was ultimately carried into elicit, and the house was conveyed to him absolutely. The p urc h ase money was paid by cheques on Smith, Payne, and Co., drawn by Sir John Wells, and paid out of Lady Wells 's account, to which the proceeds of the sale of the money in the funds, sold by the powers of attontey before mentioned, was carried. Sir Jahn and Lady Wells lived at the house thus purchased, and a very considerable sum was laid out in improving and rebuilding it. This was done at the request of Lady Wells, and paid for out of the same funds by cheques drawn in the same manner. Sir John died in the year 18.11, leaving his wife surviving. There were no children of the marriage, and there had been no formal exercise of the power of ap pointment contained in them irriage settlement. Sir John left a will, dater: in 1815, but which had not been repub lished since that date, and therefore did not pare the house and property at Lindfield, and being illegitimate the estate was claimed as un escheat by Warden Sergason, the lord of the manor; but it was contended fur Lady Wells that as no powerof appointment had ever been exercised, the dealings irf the husband with the fund were the deal ings of the wife, and that the real estate still remained sub ject to the trusts of the settlement; and the bill prayed that an account might be taken of the persoinil property comprised in the settlement, of which the husband had pos sessed himself, and that the trustee of the settlement might be declared entitled to a lien upon the land. Mr. Bethell and Mr. l'rior appeared for the plaintiff, and contended that the execution et the power of attorney. by Lady Wells could not In , considerisl as an exercise of the power of appointment. That it was simply a manda tory instrument, and not an instrument of alienation, and that the court could not give it a greater effect than the parties intended it should have, and that the whole of the evidence showed that the husband hail always considered the property as that of the wife. That Sir J. Wells was, therefore, trustee for his with, and the property was by the Escheat Act (4 & Wni. I V., c. 23) subject to all the equi ties with which it was previously eflbcterl, and that that act applied as well to trustees by implication of law as to any other trustees. Mr. Follett and Mr. Kerslake appeared for the personal representative of Lady Wells. Mr. Molt (with Mr. Selwyn) appeared in opposition to the claims of the trustee, but had only just commenced his arguments when the court rose. COURT OF QUEEN'S BENCH.—SATURDAY. Strum. PgITEMOX, MIL Junta COLARIIO4III. AND 144 JV.I ma WKINTILIM. THE QUEEN V. AVEHY ANII BENCEA Fr.-CRIMINAL IN !VEXATION. Sir F. Thesiger TROVed for a rule calling on Mr. Avery, an alderman et Barnsteple, and Mr. Bencraft, wan clerk of that borough, to show cause why a criminal informa tion should not he Meet against them for certain alleged corrupt and improper practices at the election of town councillors Mr the North Ward of the borough of Baru staple on the Mt of this mouth. Mr. Avery was the pre siding alderman of the ward and received the v. tine papers, which he placed OK a file and which were taken off and en tered in a polling book Icy the town clerk, who sat behind a screen in the same room. There were three candidate ein the liberal, and three in the conservative, interest; and at the close of the proceedings the three former were declared by the town clerk, in a printed hand bill, to have been elected. The defendants were both in the liberal interest, and were anxious to secure the return of the three litteral town councillors, in ' consequence, of the election of mayor and the appointment of some aldermen about to ensue. Upon a scrutiny of the voting papers by a solicitor on behalf of cafe of the unsuc cessful ca lutes it was found that seven of such papers which had been given in for the conservative candidacy were nut on the tile or in the polling book; and those votes, together with others which had been improperly ad mitted, would place Mr. King, who was at the heed of the conservative list, in the position in which Mr. Avery, at the bottom of the liberal list, stood; whereas the numbers stated to have voted for the hirmer were 267, and the latter 2143, making an apparent majority for Mr. Avery, the liberal candidate, of 16 votes. Rule granted. Tug QUEEN e. AVERT.—QUO WAIULANTO. Mr. Montague Smith then moved for a rule calling on Mr. Win. Avery to show cause why a writ of quo warranto should rot be filed ainiiii4t bins, in order that he should show by what authority he claimed to be the Mayor of Barnstaple. There had been two candidate, , , Mr. Avery, who bad 13 votes, and a Mr. Harris, for whom 11 were given ; but it was alleged that Mr. Avery was not eligible for the office, not having been duly elected a town coun cillor of the borough.: Rule granted. BAIL. COURT.—SATURDAY. &mem is BANCO. -OVUM MIL Jurmee EELS. THB QUEEN V. TATS.—QUESTION OF TITLE. In this case Mr. Jones obtained a rule, on behalf of Mr. Bass, M.P. for Derby, calling on Mr. Tate, the lord of the manor of Merton, in Surrey, and upon his steward, to show cause why they or one of them should not admit Mr. Bass as tenant of certain premises in the said manor. The ques tion involved is whether the title of Mr. BASS under a will is good, independent of the trustees, or merely derived from them. THE QUEEN V. LATINIEIt.--CRIMINAL INFORMATION. . .....--....... At the commencement of the term • rule nisi was obtained calling upon Mr. Isaac Latimer ' the printer and publisher of the Piermoide ./nom ad, to show cause :why a criminal intiirmation should not be filed against him for a libel which appeared in that journal, reflecting on the conduct of the Ilea. Edward Jerningham. The article stated that Mr. Jerningham, who was a Roman catholic, bad paid his addresses to a Miss Mangles, the daughter of a protestant clergy man in Cornwall, who had, however subsequently, turned Roman catholic. They were a fterwards mar ried, it being arranged between them that all children of the marriage should he brought up in the ltoman catholic faith. There wore several children. After living together for many years, Mr. and Mrs. Jerningham separated. Two of the children had been previously placed in the Roman catholic establishment at Taunton. They went home, how. ever, to see their mother at Southampton, and it was said that Mr. Jerningliam had contrived to take them away. Mrs. Jerningham, after the separation, returned to the pro testant faith, and at one time resided in Plymouth. She was then in the habit of going to a particular chapel, and took with her her little boy. On one occasion, when she was in that chapel, Mr. Jerningham went there, and as the mother and child were going out of the chapel, Mr. Jer , gingham contrived to take away the boy without the know ledge of the mother, but he wrote to Mrs. Jerningham, and told her he had the boy under his care. The article then I went on to say that the boy had been taken away by the I father in direct vioiatiou of an agreement that had been entered into between him and a Mr. Williams, that he had been guilty of a breach of honour, and that to enable him to do so he had obtained a dispensation front his church. Mr. Collier now appeared on behalf of the defendant, and stated that his client had made inquiries into the matter, and had discovered that so much of the article as related to 1 the alleged breach of faith could not be supported. His client was desirous to retract that part of the article. of lie defendant had obtained the information which had led a, I the publication of the article from Mrs. Jerningham herself, I the truth of whose statement he could not doubt ; but it I appeared that she had acted from a false impression of the nature of the arrangement between her husband and Mr. I Williams, and, therefore, they most admit that Mr. Jer ningham had not been guilty of any breach of faith. The defendant was, therefore, desirous of retracting that part 1 of the article, and of making any reparation in his power. The week alter the alleged libel hail appeared the de fendant had given insertion to a letter of a Mr. M.Donnell, in which the error was corrected, and he had supposed this explanation would have satisfied Mr. Jerniugham ; how ever he (Mr. Collier) was now instructed to express the deep regret of the defendant for having given insertion to that part of the article imputing to Mr. Jerningham that he had been guilty of a breech of faith. able la r. to K"ne discover fot l tnmelious manner in whiji the defendant had written of Mr. Jerningham. a M n r y . Jerningham, pi . f said reg h re e t had for not the been Mr. Collier had intended to express that regret. Mr. Justice Erie said in pursuing such a course the only - question was whether the apology was satisfactory; if it 1 • was the rule would be discharged, upon payment of costs Iby the defendant. Rule discharged upon payment of coda by the defendant. Uinta, ~~j_.'_~ ~~~=;