The Express. — London, England, 1853-01-24 00:00:00

THE ACHILLI CASE. COURT OF QUEEN'S BENCH.—EATUIDAT. ow .. is liane.—Batons Lose Cnissionsce Crisseasi, Ma. ;mice Coussiose, Ma. Junes ilftewnsmi, axe Ma. JIMMIS T g a Lir new r. OP 1.811 Srancnne or Commix. We continue our report of the proceedings of Saturday ia - thx reel Mr. Ss rjeant Wilkins, having gone through the evi deco:, concluded nearly in these word*. You have be , my lords, a man admitted by his own counsel t „, b e , in reality, upon his trial; a man who, if the senile% of th e e iury be woith anything, has, at least in ca . „waste, een coavieted of stating, upon his oath, that which is entree ; a man who, in every plata into which he k i s gone, has br. .he object of inquiry or accesation ; a man whop found guilty, upon his own confession, and punished by the Court of the inquisition, and yet cannot explain what the charge was; a man having the strongest possible motive to screen himself from the emulations male a qsinit him by the defendant. Have I not a right, then, to ay that it is miustruus, that it is shocking to cast upon a l a me body of witnesses—who came here in violation of their own feelings—to tut upon those, to whose assistance I an indebted for thus being able to bring before your lord ships them facts—the imputation of committing, and of ,b, oc iing witnesses to commit, perjury upon the testimony of this man alone ? As to the act of parliament to which reference hes been made, I trust your lordships will not glow any technicalities to stand in the way of substantial justice. This court has hitherto been popular in the coun try from the steadfast manner in which your lordships have a t your faces against allowing justiee to be defeated by mere technical points. And, under all the circumstances of the case, I submit that complete iustice—even to the very witnesses now branded with the infamy of being perjure/ —demands that this case should again be sent before a jury. The learned serjeant then apologised for the great length at which he had felt himself constrained to address their lordships. Lord Campbell s vid that no apology whatever was re quired from the learned counsel. Mr. Addison followed. He applied himself wholly to the technical question as to what was the effect of the plea of justification put in by the defendant, sad whether it could be taken distributively. The leaned gentleman's speech, though ell'ibiting great ingenuity, would be quite uninteresting except to professimial readers. Mr. liaddeley then addreeeed the court. He said the animus of this case was proved by the manner in which these proceedings had been brought. It had been made a hardship upon the ether side that the prosecutor was in fact the accused party here ; but the form of procedure had bees chain by Dr. Achilli himself. If the vindication of his character had beta the only object, he might equally well have attained tbat object by twinging an action for d ama ges; he had, however, filed a criminal information, because if he could only get Dr. Newman fined ever so lightly, he (Achill') would tall it a vindication of his cha ncier; whereas if in an action he wily got nominal da mages, he would not be able to put the matter before the world to so favourable a light. There was,in the next place. to be considered the quietism of the ronstruction of the act of parliament, giving the court the author ity to look to the evidence in coesidering the redeem their lordships might pew ape Dr. Newman. fu F. Kelly bad likeasill this case to • trial of Dr. A.ehilli. Take it so, and suppose that the Joey had found him guilty epee every bead bet owe, although let it be supposed he was sot guilty. What, thee, could their lordships have elm ? They mild aot have ignored that verdict;; to do pieties, aam Mal must have been gmated. Beppose in this cam sow before them, epos the court being abom per sesissee, he (Mt. Baddeley), as the defeatism's aim esl, got up sad said that the charges made by Dr. Newman were proved. The coast would then say, and properly, that the jay bad found it otherwise, end that they ;mild not go against that lading. A new trial, thanks", ought U be gamed, as the ease med. Mr. Justice Wightma—Bat supper your tion he a ant trial were greeted. end that another jury had head all the elk/Mons of the plea proved bat ono, how, thee, meld their verdict be catered ? Mr. Hoddeley—That mast depend upon whether or no •e pies was distributuble. ire Jessie. Wiglimen—Of coves, that is the very yam. lies I west you to &asset. Mr. Badele7 matended that, though formally there was het we pion with gamy allegation*,mt fleet that plea tamdlasbatable, sad the pay might and sees of the dlNJlweed and ethers sot proved. tillegeohiridge mid that If that wore so, why did 1110 sot maiberies, it might he said require, the wart to Mk to es oolisato as wall ae to the verdict in passing omdenm? .. 4 Lad mid that the intention of the legislature reed le Ilbet the pup should And Issue, one way id Of set ; then it was for the scum to Mob late the when sentence was to be weed. Yr. leaky contended. however. that Om plea la Ibis sees tee tastanttslly 4101E601b1% sag hat it ail Nelms been the intention et the Winos *ls * M mismode the ladies of the jars ar is vine mid& the awl alibi take of the evidence. The lesimed peter min lei pesessied es amment apes the mere pile sift Willowy Mined at he Ilia Atli= of bleeding (be being the bit ennui Me be heard es lie pert of the &gnaw la mignon el de ink), Lad Campbell said—Tlirneart will tots thne to eon eider. HOW THE TORIES • EXTEND THE The Newcastle Chronicle of Saturday contains the tallowit a The first of the high tory batch of Cromwell. Y the j of that name : " Ike day on which a qualification for a seamy vote sr he completed. in order that the party may be duty re gistered in August neat, is the 31st of the present month. Ls it is impossible to foretell how early an election may take pine, it tehoves the liberals of this town to bestir them selves *bravely in the matter, and prevent the possibility death timber result uwe had to depiovo last year. It ary, perhaps, be aa well to state that a rreekolsl hones may Is divided snoops any number of purchasers, and that mph share will entitle its holder to a vote, provided that the natal due to such share is of the Value of 21. pee year, clear dell espouses, and we give the following examples which used toaseentively in the preseut resister, to show how the Nessevatives have made use of this provision, and how only It may he made available by hundreds of our fellow beassessi. Gabon, Chula Idward, sham of fr. home, 1, Stowell-et. Ctialmes, 11111111 MIMI, ditto ditto ditto. Nem, lememk • ditto ditto ditto. Wham, Mammy, ditto ditto ditto. Cswell. Mk Ortmwell ditto ditto 4, Stowell-M. Cieetwel‘ Addison J. ditto ditto ditto. fhemwell, Fare" ditto ditto ditto. Crime% Oswald, ditto ditto ditto. Cromwell, William, ditto ditto " ditto." LONDON AND NORTH.WasTens.—Aft•asucat AND rho ALIAIIe 11IANC111111.—A crowded meeting of the lead en/es, essapiers, Mimes, and others interested in the we strastionef lhotwo sew Uses of railway from Watford, pro- Odd WV* Lemke and North-Weetern Railway, via.. to Afteshols es the west, and St. All at thee east was bald is the Preetwoowl-11111, Watford, oft Oftnirdity, then brims We eat them Giese goo to 400 neftftft.i.Ois • the soden daft Teem Mr. IL W. Widish ions waled ter the shider—The seam= ems* den buil% mai Masi that the assess had hbens elis idled die purpose of theiduldlofts de sinoposeolidff of em=l Ilidf *Aisne as to the dednehaft nif the twee lieu from walled—we le St. Afton IS the ends and lie other to NAftmaaworth and fir, towards the west He believed that nay awe waft Norm ft the adveitodell likely to be deri ve d by die tome Watibrd hies dine sew lieu. A reeolutien was 141.11 AIM that the proposed railw a y sad end mesit alli nUomoi odd be highly beneficial to the Interests of aft Imo of Walla be fte seighbaurboed, sad the motif* pledsped Itself to tapped the project; and that the wa Malt of the town sad neiglehoudessi, bee led y lo• teem the iambus of airlifting hafts ftmenty to suppaft swam,» to important ft the llama of the county pserelly. A committe e was aisle oppriented to solicit the Wof the Iftikeerners sad osempine in poising the bill o ft ei r ie rhemeat; sad it was resolved that petitions be re eve. ma heft house of parliament in favour of the am Isom& arialore, signed by ebe alioinsan on behalf of the mied MILUICHOLT Accunntr. The Ripon which height house the India sail is Fditsm, tiveaboddrom Nib the outward ftedl is the MI Deember. Amompst h wllawa.lo.llla be. seaweed votes, were several leas dans von anode* on lbe 6 dpis so Almadril end Ins oesitseey to Wu nodes of their conduit. OnZ if the Web, hoteewer, bebseed oolomosly well. Hie same via Pssomoied be was a 'ay boodome youth, shoat 17 tress dim All that appears WU Mows of Ithaca board was dug lee wee ea_cady child. Inn he arrived at Alga- Itte._ Ill"' SO **Ad his that oboreeter would suffer s_ONlftat of tirs_othor omit that he requested • moseishi hoe the vaasorNee the Ripon. This Tooth soot lave lad bine boort, for he wore tho gold ftdel of the Royal Hamm acedety, sad a mold watch r eg t a i g e . 11 ley the Gilead, of seas ow he had saved front Iwo ober tbe hair got on board the Nile efteftee, Pierre fell emer fade " i* fr, t° one nisanderstandieg with the Arab crew of the 'warner, 6 . half was not stopped In time. Praiser a want sod an officer jumped hos the sterimer, and tried rave him; but, just es the after got /lose to the youth, Wier Wier seek, sad was drowned. It is stated that no cro- Sold% are mew seen seer the spat when the accident ot tamad._ sad that Fraser mast have perished through ex % WINO ROB BERY AT DEURT-LANH THEATRE.— " V "us is. port AK who is supposed be have gaol re bare Alter the previous "We lighlustas, moo Ms, way w po llt h rsatity of the rhitunif 00111•41=9.411*_ were OS Map sobs as well as seems oak glit Z7. tubas" • swain pill width attain, ti in the bee& 64. is gold. sod a small van ilt rive. The rogue, iftstification of the Pt des, away with hub 4 14 ,,.... 711 or Emu. Br.ductiotlN—Thio venerable on Saturday morning, at his hawse in Portman r%We , he has left no Mae, and is mittemded in his title . 'acts General igon, who has represeted ast ~,."•14 Mitre 'n parlia L ment for many year,. n Th u is tiatt % esesseel i in the representation of that division of the COLLIERY SHILMELD, SATURDAT.—The explosion in Earl Fitzwilliase's colliery at Blaecar, which occurred on the 2!ad ult., and resulted is the death of tan minas, has beta fol lowed by another coalpit accident in this district of a truly calamitou nature. It occurred on Friday last at the new Cattails coelpit belonging to Messrs. Appleby, of the Reni shaw iron works, in the vicinity of the Rekington station, on the Midland Railway, seven miles south of Sheffield. At seven o'clock in the morning • party of seven miners pre- pared to descend the shaft together in order to commence their day's work. They had not descended more than fifteen or twenty fest when the eorf In which they were standing became detached from the wire rope, and all the men fell headlong to the bottom of the shaft with terrific velocity. One load cry of hororr ascended, and seven human beings had perished by a fearful death. Their names were John and Charles Oresves, of Barlborough, John Barton, Robert Robinson, and Thomas Waterhouse, of Staveley, Richard Bright, and John Naylor. The caul* of the disaster was the snapping of an iron ring that con nected the wire rope with the chain is which the corf rested. All the seven men were found to be killed wits the exeeptiou of Barton, who ones or twice exhibited some slight ssyymmptoms of animation. The extraordinary occurrence will doubtless be followed by a rigid investigation. The cala mity has occasioned a profound sensation for soma miles around the scene of the occurrence. BRISTOL, SATURDST.—Another of those fatal acci dents at collieries, which unhappily have become of much too frequent occurrence of lite, took place last night, at about ten o'clock, at the Shortwood Colliery, Mangoudield, about six miles distant from this city. The Bhortwood Colliery is worked by Messrs. Wethered, Cosaham, and Co., and the ascent and descent of its shaft is made by means of a cart of wood capable of holding four persons, which is worked by means of a drawing engine, and is steadied in its progress by a guide on either aide of the shaft. At the hour before named, which is the usual time for the night men to descend to their labour in the pit, three men, named Samuel Bennett, aged 33, Samuel Bryant, aged 38, Isaac James, aged 32, and a boy named Gingzell, aged 16, got into the cart, and having given the usual signal, the enema= began to lower them down the shaft. After they had proceeded about thirty yards on the journey, 1 the waging by some meant, either the breaking of some teeth In the cogwheel, an insufkient supply of steam or some other cause, suddenly lost its control of the cart, which immediately ran down at a tremendous rate to the bottom of the shaft—a depth, in all, of some 230 or 240 yards. Immediately upon the occurrence of the accident an alarm was given, and all hands present set to work to get out the unhappy men, wln it was at once apparent must hale received extensive if not fatal injuries. Owing to the engine having been disabled the getting up of the poor fellows bo om, a work of some time. A windlass had to be erected, aad It mew* until between 3 and 4 o'clock in the morning that they could be sztricated. They were all alive, but dreadfully injured. James was carried off by his friends to his own house, and messengers at once despatched for medi cal aid, but the others were brought with all possible de -1 @patch to the Bristol Royal Infirmary. Mr. Bore, the acci dentl medical Aker, was instantly in attendance upon them, and did what hi Gould, bet gave no hopes of Bennett or Bryant. The former, who, besides • wooed of the leg and injuries ' of the bowels, had reeshed tatenuil hurts of a fatal kind, died in five ea els italealle Bo has left • widow and thiee children to Imam 4 bit onissly loss. Bryait, who has received sows ossemitis tad internal injuries, as also a compound transom oil bon toss" of his left leg, lies in a state of great darter. croon, the hey, bad received a fracture of the let erse , herb seriewkat more favourably tha n th e a sad we onleetedned that he may recover. Mr. I. B. dmils, the agowir for this city, commenced this Wis inmostis no body of Bennett, but having s wows, tolionasso evidence of identity, and ex le the jury the nature of the inquiry on which they srago i ceig, he adjourned the proceedings, in order to giro to usiaimillate with the Secretary of St a te, by when _lls misionl a luovernstent inspector of collieries b• a will rosisi W i ITON BETWEEN GUARDS AND ENGINR-DitriTERS. The, ireetore of the Loudon and North-Western Railway have duriagibo lut few days been engaged in di.- cassias swag other subject. that of communication be tween guide sod oppor driven, with view to the pre vatina peselbla in future. This discussion boa mina IS emisegassee of the melancholy event which bee messily Mama gime at Orford. Anasagst the plans peegesed am time bens Mr. Tuley, of Sheffield, namely, Wier ONlMmealeadag intelligmess beterosa the guard and rdelese of railway trains. Lasater for an I,m -sa the chide of the ordinary brides now in use, *Wag bassalraseily oaths/ ear 'wheels of the brake van, end a new sad peerseill bed/ brake *Wag Abu at the centre is at tho owl the beMalea er ferriage. With respect to the ammaalemion between sued and mine d/ever, the plea sombge of a moll bat smog sat' Asia esooseMa with on ap M the owner of the brake ma. through wit' It aad passes into aa iron tube or grove, admired to the otader- Death part, of the carriage. At ma oul el the tubs are sized two small perpendicular sad INN besisontal roller, awns which the chain plays freely when la motion. This cUdis deoeeeds through the whole stint of the aimless@ in the tribe, and is finally attached to a whistle feed la the holler of the engine, on whisk it sees peewit*. and in staalassomaly when palled by the guard. The use of the rollers is of the unmet service when a loss train Is round ing a corner, as, from the freedom of astioa which is thereby given to the theta whoa pat in modem, no mere tore, la mated be the guard than when and 'wader ordi say _sissmossessi. Any Deader of carriages maiy be at. WWI, s lags nsmiving at a swim oddment ia the I. aletsehlag the arresigemeid el the chain. In the meat of theamopMego bemiting sad the train, the 'my amileat sob ipso thertimmunicatkm which blows the whistle, • emit I= s e ti enveys to thi aegis* driver the fact that wrong has happened. The second Pin of the volition as In one turn that which, in the pre- pent brakes, requires ten turns, and will, therefore, stop a train in oaa-tenth of the lament time, and it acts on the four wheels of the brake ran. The third, or .• body break," sott le deoessinehml, eimelete et:4Z= four Meilen 11111 emit libel Om teeldele, c ds foot etas sad* on bell Miss of Me Vas e lain it. =M thole* swam of the carriage. 'The 'Winton the imam of the apparatus, so as to Messrs the =tithe modego *heels, Imam any ebeamilmes, lad es the Metal& 'Ms Winced by the rimed= big a meow at As tap of the beak*, whisk WWI, demo arises em lbe mamba sod thereby pendoess &Veal redellogirot selhtmer power oh mob dim el sa lt, aide. dereMly, Mason is Ms boa aftieg Wag held Milo easeeis, sliding he eke WM*, a shod Maness, but so moddromateilly so Mop Om lode. The dodge may be made Mum wood and other wilielsamm of thelemberef dim lidesmonloglMltleNertha ilin grorn line preps', the directors of the Landemand Iforth-Wessera Company have resolved to aimunmaleate with MI ether rail way amapaaiss running on their Rae, to asenramin how far the they may Ir~sed to coney is any pleas fw edlhatisg *ld iMmt. DITOWPOZT DOCKYARD.—Out of the oleo ea OM. didates for shipwrights' apprentices who have been en raised, oaly the have been selected for vary. Four ship wrights have bean entered to All vicaacks. R 031111117 BY A RAILWAY 017ICIAL.-011 Sitar day isfalostion wee received at the valises Miami lam toopslitaa paW stations that isoph Lon% the had dark in the ps amart ads MaithsaSsa Maks of the Lodes hodflissk-Wosisfa Palaway, hod a lousul ai alter rob sompsay to a osis stoat, hilt di tins la Swoon , I,OOOE sad 2,00 W. gra i d Mss to sad It is h a des sailed se is to Its aosisalls, he aiessd his in testate Miring so shield ma sorer, Ns is a angle ass, sad 'Lobos SO yeas of set I'M areas= of London : sad MOS Woman Comrsof b••• ZWWI a reward of 60i- for his apprehension only, without room say of any of the property, tad vomit's to eta the same nun to say person who should oho each Stampedes as may had to his captors. A Buccuenn. GOLD-0100111.—A young an awned Biros% who was incapacitated from serving in her Majesty's navy by a hurt, sad for which he is allowed a small ticket eta" per 11011111111, premeds' is a merchant ship ao Aestralis, werkhg perreop Get , and on hie arrival he . fear peeessie — lTZ hie pi moth* was owu+ seeetthe sabot= Ite ; sad • ts r days doe* sailliar SOL • by the Autzellaa, and ea intimation that le had 1111) omen et gold deposited in the beak la Australia. matoe ea hie return from the diggings ke should pressed Whilsed. BANK op EXCIIAND Noiime-.-CAITTION TO RIG- William Hewitt kes written • letter to • contemporary, sauna Mg gniontitebi to Australia . against taking oil Bank of England was, and tale letter m dated Port Phillip, Sept. 20 ; asi la She UM Bank of &Wand notes an utterly refusal bin, even by the beakers, ex cept at a discount of 99 pat asst. Numbers of parsons are coming oat daily. Thews in a thousand arriving at this port per diem, and not to men out of sash theissaad are aware ofthis feet. la the ehip la which I same—the Kent —there was numbers struck with mosternatioa at the news. Some kat frees 40i. a Mi. by their Bank of England notes; almost every ens something, mon or less. Whoever brings Bank of Ragland paper will assu redly and inevitably be muleted of one Mk Olds money. I speak from actual ezperienco." THE FATAL BOILER EXPLOSION AT FAUST.- • BAirotRAT Wilmot° —The coroner's Jaques* as the body of the engineer, Charles Lediard, who was killed by the dreadtkl Implosion at the &SI-mills of limn. Mar -11•2 sok Co., wee toommod art assisdod to-day bakes J. O. Nallolog., swam Mess* elesoolltookiro. Tice mean amt /say 'Masi do oat Is the mania& by as Reg sin e awl lei pointed sat to Ana its of WI bailor, the reasakii of whkb lay is Its building, which presented an awful NOM The bails, is a very large one, six storeys high, and at sal of Its buUding hem the Soot to the roof is presenting • fearfol proof of the ezMo the explosion. The boiler lay in ?regiments at the Mee, and was folly exposed to view, the superineumbent rubbish having been removed. The evidence tended to show that the deceased had caused the explosion by .topping the safety-velve of the engine for a short time, and the Jury retuned a vontict of " Accidental death." SPORTING. HUNTING APPOINTMENTS. STAG ZOCINDS. - Her Majesty's, Tuesday, Burnham Biumsbas ; F ri day, th e Golden Ball, BraeluutU—at half-past 11. Cbittteahata, Friday, Hamlin/ Dowas—at 12. Baron Rothtehild's, Monday, lythory• ; TbszadsY. As ton Abbot—at 11. PDX Zoo x Ds. Albrighton, Timothy, bland Pool ; Tharaday, Wheaton Aiwa ; Saturday, Sutton Maddock—at 11. Bedale, Monday, TaalMid ; Wednesday, Hutton Conyers; Friday, Pepper Hall—at half-pass 10. Old Berkshire, Monday, Buscot Park ; Wednesday, New Bridge ; Friday, Shriveaham—at half-past 10. Cambridgeshire, Monday, Meym Wood ; Friday, Whad dos—at halt-put 10. Carmarthensbire, 'Tuesday, Kuhl, ; Friday, Whitland Abbey—at 10. Cheshire, Monday, Three Greyhounds, at half-past 10 ; Wednesday, Appleton, at 11 ; Thursday, Tilstons ; Satur day, Pecktorth—at half-past 10. Cleveland, Monday, Upleatham ; Thursday, Stanley Home. Mr. Colyer's, Tuesday, Timberden ; Thursday, Porto bello ; Saturday, Vigo elate—at half-put 10. North Devon, Monday, Bickner Bridge ; Thursday, Role Water. South Devon, Monday, Cotley ; Thursday, Welster Cross. F. 8., Maadiy, Antrim Gate ; Friday, Frewester Gate —at 11,_ Mr. Forge's, Monday. Braaableton ; Wednesday, Back- I and ; Friday, Leigh Rouae—at hail-peat 10. Mr. Garth's, Masada', Brick Bridge ; Wedatsday, Finchunstead Ridges ; Friday, Newnhara Green—at halt peat 10. Gwrtheyrn, Tuesday, Coati Park, Llanwenog ; Friday, New Inn—at 10. Hat;sitiodon,Monday, Hogg's Lodge ; Wednesday, Bishop's Waltham Pond ; Friday, Bashers Henn. H. H., Monday, Hedstead Oreen ; Tuesday, Tiobberne Park; Thursday, Chilton Old House; (Saturday, Weston Common--at a quarter to 11. Horsley, Monday, Winchester Race Cone..; Friday, Stanton Ost•—at • gynerter to 11. Llanelly, Wednesday, Taleclyn; Saturday, Clcchkia— at 11. Mr. W. S. Lnwndes's, Tuesday, Nash Common; Saw. day, Drayton Crossroada—at 11. Mr. Lorton's, Tuesday, liighbridgs; Friday, Collator. Monmouthshire, Monday, Lanarth Court; Thursday, Coldbrook Park—at half past 10. New Forest, Tuesday, Picked Pat; Saturday, Hill TopH Otte—at a quartar to 11. South Oxfordshire, Tuesday, Lambert Arms; Fridayo Stanton St. John—at a quarter to 11. Pembroke, Tueseay, Corsten; Friday, Lawrenny--at 10. Pembrokeshire, Monday, Waltersen ; Thursday, Geotton. Packeridge Monday, Hazel End; Thursday, Langley Otte; Saturd ay, Curabelow Green—at half-peat 10. Sir Henry Seale's, Tuesday, Stoksflansing ; Friday, Roi ster Bridge. Sinniogten, Tuesday, Newton Oats; Friday, Clatter bridgo—at 10. Somerset and Wilts, Tuesday, Biteombe; Friday, Black Dog. Surrey Union, Monday, Fair Mile; Wednesday, Knowle ; Saturday, Hatehlanda—at hall put 10. Mr. Trelawnefs, Tuesday, Shipleigh Bridge; Saturday, Ttaker's Bridge—at halt-past 10. Mr. Trevor's, Monday, Coleman Oran ; Wednesday, Ofilay Hno; Friday, Eltudham—at half-put 10. V. W. H., Tuesday, But Court House • Thursday, Drit field Valois; Saturday, Seven Bridges—it a quarter to 11. Vine, Meaday, Freefolk Wood; Friday, Beaurepaire - 1 FE • • EXPRESS, MONDAY`` EVENTNG: "JANUARY - 24;• 18531 Patk—at 11. Mr., WhoMs's, Tuesday, Barfield ; Wednesday, Bid mush. court ; Friday, Basildon Park—at 11. Mr. F. Wyndham'., Monday, Thornhill. Greedy ; Thursday, Baps.' Bar; Saturday, Foothill—at 11. Wyeside, Tuesday, Llyswen Villa'.; Friday, Summer Pole. _ Colonel Wyndham's, Monday, Burton Perk; Wednes day, Whiteway Lodges ; Friday, Coster Mill—at a quarter to 11. York sad Ainety,Moaday, Aloe Hall ; Tuesday, Provi deuee Green; Thursday, Sateen Park; Saturday, Skip with Brielgo—at hall-past 10. Disko of Bueeleueles, Monday, St. BaswelPs Green ; Tuesday, Monona ; Thursday, Mirsel l Saturday, Dry grange—at hall-past 10. Linlithgow and Stirlingshire, Tueulay, Binn's Gate ; Thursday, Herbertehire ; Saturday, Coehleroy—at a quar- to 11. mAnsitsge. Adam, Monday, Bowmen ; Friday, Kirkhasapton. Brouwydd (beagles), Saturday, Feugherberb—st 11. Carlisle, Tuesday, Wetland Shields ; Friday, White Quay—at 10. Craven, Monday, Baltonitast ; Wednesday, Carleton; Friday, Thorlby—at 11. Cardigan (beagles), Tuesday, Blaenanerel ; Friday, Diaewd—at 10. 111(r - : be;coi;•a, Wednesday, Langtry= ; Friday, Dowslaad Barn. Duiverton, Monday, Stone Eaton; Friday, Winaford Hill—at half-past 10. Baniont, Monday, Bull's Head, Plurapton ; Wednesday, Kirkby There ; Saturday, Longwathlry—at half pot 10. Harrogate, Wednesday. Britewith ; Saturday, Lund House Green—at half-past 10. High Posh, Tuesday, Grange Mill ; Thursday, Robin Hood Bar ; Saturday, Newhaven—at 11. Captain H. Lewis's, Tuesday, Sandhatton ; Thursday, Standard Hill; Saturday, Cowesby Mill, at 11. hAVAL. WOOLWICH, :AN. 22.—Sir James Graham, First Lord, and several of the members of the Board of Admi nity from Whitehall, attended at Somerset House to day, and were occupied to a late hoar in going through the aavy mistletoe for 1853-4. While every tionsideration is gives to economy in the application of the sums required for the public service, it is advisable that greet diciest-, should be provided for in every department, to enable the govsrameat to be prepared ter any e that may arise without the slightest notice, when the whole resources of every establishment will be required for the defence of the country. The shipwrights La Woolwich and other dockyards have ementmeed clubs to assist sash other in emigrating with their families to Australia, and some of those who have a little household property are disposing of it to take their departure for the gold field'. Numerous lutes's; have moaned within the last few weeks of able seem* paying their pumps to Australia, fir the sole rof engorge/ at the high rate of wages now offered many of the vestals in the mercantile navy to navigate home or to listelign ports, a proof that the seaman of she present day are more calculating than the thoughtless sad generally Improvident seamen of fernier periods of Sava service. PooranoUTH, JAN. 23.—The Swift, 6, Commander Aldham, sailed from Bpithead last night for Plymouth, to be paid of The , 14, screw IDOWD-OlOOp, Qom mender Strange, arrived at Bpithead yesterday from Pal mouth, where she has bees satesime men for the navy ; she left Spithead gals late het might.. The Medina, 5, Mew packet, Lima. Sellailalrehicnight forWooleriek to be paid MI. The Lespes4 12. siserbisautSapt. GAM. was brought down the iiim yesterday. Wat this Inv being dose a seaman beiraging to the ordinary sad acting one of the ship hilhernes, named Cotton was killed by a weer carrying away and striking him under the ear. He had been in the service nearly alibis life—Lis servitude having entitled him to his pension. Advice. from the Sandwich Islands . , via Panama , aunties that Captain Col- Union, of her Ilmastr• ship Enterprise, who had been sent to search to, Sir Jolla Franklin by way of Behring's Straits, bat who had not been heard of sines he went into the lee, had bees men by mom whalers who had just arrived. DarOSPOST, lAN. 23.—Captain Mee. of the St. George, le on Admiralty leave. Mr. (boom% Harbour Master, has obtaimid leave of is the meanwhile his duties will be poisoned tr isr. combs, abater of the St. Germ" The V MI, Captain Lord Edward Russell, came bee Whom en ad needs, to have her defeats made geed, midi her asswisil wises, after which her crew will rowed heseees digs' leave. The Nile, 91, fitting at OM pe s t ies a smenrinn6 it is reported will mot be ready es aims ma erns& Ware November next. Theaerew stases gesogibig Heise, 10, Captain William Ramsay, has exee'shel bur mow at the guns, and west throve' a variety el isonelimit to test her machinery sad the easiness of grabs Ike map meow( the meet satheriessy rbraistor. Ifs dem firlg els i n, =aims% has entemis bee pewits , eel drib. mad= her esmpimess a teleassweik as was ham the FestigweAce, Omagh the Alitirelty, ordeals bee Is permed to Torbay, to maps' the pas meat of Ohm age so the wt of the Amebas merchant vessel Aar& 4. ise. the muter of whisk MI set the civil sathoritimat • She elleeloglyjesessiod for Wm bay at 8 pa., but se her arrival Sandi See the America* had sailed the day before. She has setteasd to this po sad it is re- ported that she is to pressed to Lisbon rt with the perdu* of machinery nesemsry be the samipletisa of the maims se the Secession, sag theses to the Went Who Tbssessm tender Avon, Master-Commadas Tante, setomsd Orem Sheerness and Portemsols au Wednesday, son GEM law harbour. The lights , inehad arrived on Wobassloy with ' states hem Weeleith. The strew sissamisop Archer, Camomile, UMW, pat into the ilsoon as Monday from Falmouth, whom she hod hem me le esisausur to raise men. She ailed foe l!artsatouth en Maly. taking a num ber of supeesemmeries from the Impugnable for ships fitting in the eastern ports. CLERICAL PIIIILFIRIIINTS. Re•. R.T. P. Palkney, to Ashley Rectory, Northampton, diocese Peterborough. Hey. J. P. Lightfoot, Sector of Wootton, Northampton, to an Honorary Canonry in Peterborough Cathedral. DEPAITIIII.OI TIM UNITED STATEN AND CANA DIAN MAlLl.—Yesterday morning, about eight o'clock, the Canada, Captain Stone, sailed from the Mersey with the usual mails, 3; passengers, and a large and valuable cargo en board, She attempted to sail on Saturday morning, bat owing to the tide having ebbed too far, and a N.N.W. gale cresting a heavy ma on the bar, the pilot considered it would be dangerous to attempt to eras It, sad brought Let back to her moorings, THE LATE MRS. lIRWAN. ' • The following extract from the opinion of Dr. Al fred Teyler as In the death of Mrs. Kirwan will be read with, interest by those who have goes through the other facts sad opinions published in this case. It is almost needless to say that Dr. Taylor is a great authority in all questions of medical jurisprudence .• " I amen, as my opinion, Desna fan sad unbiassed exami nation of the medical evidence in this case, that, so far es the appearances el the body are concerned, there is as entire absence of proof that death was the result of violence at the hands of another. Persons while bathing, or ex posed to the chance of drowning, are often seised with fits which may prove suddenly fatal, although they may allow of a short struggle; the fit may arise from syncope. apo plexy, or epilepsy. Either of the last conditions would, in my opinion, reconcile all the medical circumstances of this remarkable case. It is the result of twenty years' experience in the investi gation of these cue s , that the resistance which a healthy and vigorous person can offer to the assault of a murderer, iutmt upou drowning or suffocating him or her, is such as to lead to the infliction of a greater amount of violence than is necessary to insure, the death of the victim. The absence of say marks of violence or wounds on the body of Mrs. Kirwan, excepting such small abrasions u might have resulted from accident, may be taken in support of the only view which it appears to me can be drawn —namely, that death was not the result of a homicidal drowning or suffocation, bat most probably of a It resulting from natu ral causes." THE LATE EXTENSIVE FORGERIES IN THE CITY. Much surprise has been expressed with regard to the extraordinary forgeries of Prise that he should have been able to procure advances to so great an extent upon the mere production of corn orders, without having any 'corn actually in existence. This seems to ha ve or i g i nate d chiefly in the fact that hie name stood very high is the trade. It appears that whoa he obtained the 70,0001. from Miura Colima and fitohlterforht forged orders were produced, which purported to be signed by Brown and Young, and by order of It. F. Pries, dimming • transfer of a quantity of grain, then ruppoeed to be stored in the granaries of Messrs. Brown and Young, at Bermondsey, to Messrs. Coltman. Upon payment by Pries of 20,00 W. to Messrs. Coltman two of the forged orders were re-transferred to him. It has been ascertained that all these documents were in the hand writing of Pries. They had not the most oelcial look, being written upon a sheet of foolscap, without any printed or blank form, and bore no stamp. The mode, however, adopted by Messrs. Coltman in advancing upon the corn orders seems to have been'the usual course pursued in the trade when the party is well known. Under such drown stances large sums are advanced without any inquiry al to whether the corn is really housed in the granary o r no t. From papers which have come into the possession of Messrs. Montanans sines the 'Rapture of Pries, a suspicion is entertained that he had lately dispooed of from 18,0001. to 20,0001., by sendiag it over to the oonti sent, where he could have availed himself of it had ha succeeded in making his escape. Beyond the value of his household effects which are of a superior and elegant descrip tion, ego more than 5001. have es yet been collected of the es. tate. Several bill of ladin_:g have arrived in anticipation of cargoes of con from the Baltic ; but whether they will prove of any real value remains to be seen. In justice to Mrs. Price, it is only right to state, that recent inquiries bare fully exonerated her from any _participation In the frandelent transactions of her husban d, or in having any knowledge of them. From th e state oigrief in which she was first discovered, there can be no doubt bit that she wee impressed with the belief that her husband intended to carry out the threat of self-destruction contained in his letter. That he ever intended to commit suicide may well be doubted, from the fact of his having provided himself with a stock of entirely new clothing and linen, a new carpet bag, and a large stock of cigars. It is much more probable that he contemplated a lengthy trip upon the con tinent. Since his confinement in Newgate ha het con stantly been attended day and night by a guard. He has also been ordered a sum of 261. out of the 1001. found upon him for the purpose of providing himself with legal waist- The 1,0001. reward offered by Mears. Montenaux for his 1 apprehension has not yet been paid, but when handed over to the police authorities will be distributed amongst those of the city detective force who acted under lir. Hodgson, and who so efficiently pertormed their task in capturing their prisoner within an hour after information was re ceived, by them. But little additional information hes I been gleaned as to the mysterious speculations in corn. Boma sheet time since it was announced by the Mark le** cerreepondents that certain dealers in grain in t►e market must at least have lost • sum of 100,000(, and' that comparatively in a few transactions. That Prise was concerned Lathes' reckless proceedings there is every probe bility, bat to whet extent has not yet been ascertained. The third examination of the prisoner will take Naos at the Mansien-house on Wednesday next. FALSE WEIGHTS AND SCALES. On Saturday the following ogees were prosecuted at the Iheenseseas' Tavern Great Queen•ettuet. by Mr. Reeve, the Inspector of Weights and Maumee, before James Whisker, Esq., chairman of the Middlmm Special Sessions, and several other justices: James Joseph Twins, 161, Drory-lane, cheesemonger, was charged with having in his possession two illegal balances, me being half an ounce, and the other a quarter of an once short. Mr. Whisk,. inquired the extent of defendant's business. The inspector mid is wp an excel lest one. Defendant denied that it was so, Ins stock con aiming principally of " dummies." (A laugh.) Mr. Whis (arptieed)—" What, de you mean to say that there are Malaise of &atoms Cheshire, Dutch, and other cheeses, as well as butters t" Defendant replied, that, how. ever strange it might seem, such really was the fact. Mr. Whisk., said, it was a remakable secret, quite new to him, and fined the defendant 20s. Drury-lane buttorman, was ordered to pay2l. 16s. for two deficient biases and sodas and three light weights. Thorn's Robinson, 166, Drury-lane, cook-shop keeper, was adjudged to pay 11. fora false balance to the extent of 6 drachms. William Kipling, cheesemonger, 178, Drury-latteijusl to pay 20s. under precieely similar circumstances. WWl= Johnson, baler, 63, Broad-street, for three light weights, was bud 205., and Elsa Brownjohn, also a baker, in Broad -wrest, wu sentenced to pay 20e. for a false balance. William' Strohm, 19, Little Barl-etrest, baker, was. men trued to • lbw of 21. for two illegal weighing machines. John Sutton, 3, Little St. Andrew street, cheesemonger, was iummened for a like offence, and deed V. John Isaac Israel, 13, Tower-street, St. butcher, was adjudged to pay a fine of 20s. for four incorrect weights. William Williams, 10, Dudley-street, chandler, for an unjust balance, bad to pay 16s. John Mueday, 4, New Turnstile, chandler ; was fined Ws. for • light unstansped weight; and William Ileunden, • pork-butcher, at 16, Frinces-etreet, Bt. Gibe's, was ordered to pay U. 2s. Bd. for a deficient balsams and a abort weight. TIM CALORIC SHIP ERICSSON.—The Nolo York Herald says:-The Ericsson wee put under calorie early on Tuesday mornin, and started from Williamsburg between nine and ten o'clock. At 9k. 66m. she paned the flag staff on Governor's Island, and at 10h. 30m. and 30 seconds she was abreast Port Diamoed, thus making a distance of &even and threw eighths miles in 34 minutes and 30 seconds. From thence she proceeded down the bay, rounded to below Spit Head buoy at Ilh. 91m., end there anchored In nesse of a snow squall. fasesstamsed on Wedsesday. aid off the Battery at abasittws o'clock in the equates. The distanee between the seated points on Governor' bleed and Fort Diamond, being accurately known by 4iangnlsEin to be seven easel US ma, the used aMined was as stated about 14 miles imbrue The sensesepsies of foil I. ascer tainsd to be only si* Dogfish tow pee !6 boors, a saving, as compared with sasemaships, of more the. llo per cent. sari the ship draws 16 feet 10 inches on an ever keel, this per formance, at a first trial, has astonished all concerned in the enterprise. The vessel mesrares MO fest in length of desk, and 40 fest in breadth of beam; her depth of hold is 21 feet, and ber hurtles 9,200 tons. lake the Arabia, of the Canard line, she has bat two masts, and like our swiftest clippers, she is extremely sharp in her prow. She has no figure-head. Hes stern present' the davits' of two figures —allegorical +spree/stations of the United Slates and Great Britain placing • wreath around the brow of the inventor. As an engineering achievement, the maehinsry of the Brinson is very far ahead of anything afloat. The engineer who beholds four open cylinders, each of 168 inches in diameter, with their pistons of upwards of twenty-two thousand superficial inches area, moving up and down in eight, through a spun of six feet, eat best appreciate the greatness of that echievemest. To the ordinary observer, the movement of the whole machine is wonderful. AIMICULASt CONFUSION MINE CHURCH OF ENO - LAND.--OZZAT PALOTISTAXTLiWrIXOI; — /LIWt FAIDAT.—This afternoon • large and iniluential meeting wee held in this at oa the eilijeet of eurieular goofiest= in the church of - England. W. Porter, Esq., presided. There were present Sir J. B. Y. Buller, Bart., M.P. for the southern division of the county; L. V. Palk, Req.; R. Durant, Req., and divers of the musty aristo army, ea well as a number of gentlemen from Plymouth, Torquay, and other towns. &vend clergymen of the dio cese of Exeter were present, amongst whom was the Rev. G. C. Gorham. Sir Ralph Lopes, kf.P., excused his ab genes on the mere of indisposition. Mr. Palk moved the following resolutions " That whereas the practice of and ealar confession of a Romaniaing character, accompanied in some instances by the imposition of penance, has of late years been encouraged by Nome of the clergy, contrary to the doctrines end usages of the united church of England and Ireland, this meeting earnestly deplores such departure from the simplicity of protestant worship, and deems it ex pedient that all such alleged practices should be duly Inquired into by competent authori_ty." He alluded at some length to the case of the Re v . Mr. Prynne Bided, ' and to the conduct of the Bishop of Exeter is reference thereto.—Mr. Vivian (a county magistrate) seconded the motion, which was carried uneninieuely.—Mr. B. Fulford (a county magistrate) then moved the adoption of a petition to her Majesty.—Other gtntlemen thin addressed the meet kg, and it was unanimously resolved that the petition be circulated throughout the county for signature, and be pre seated to the Queen through the Earl of Morley. Katy intelligence. EQUITY COURTS.—SATURDAY. Ilarosa rum Lou) Qum:lw= aOD TEO Lours iceman. THE UNION BANK OF AUSTRALIA. WICLINS V. C171E11120 AND 0111111.5. Thia was an appeal from a decision of Vice-Chancellor Page Wood. Oa Thursday last a motion was made before the Vice- Ohaneellor for an injunction to restrain the defendants, the directors, and two of them shareholders, of the Union Bank of Australia from making a dividend or any division of profits or transferring eertain reserved shares otherwise Nan in proportion to the number of " shares" held by each proprietor. The Vice-Chancellor refused the motion, and a special application was made to this court on Friday to hear an appeal to-day, as a dividend was to be declared on Monday. 'The CMS accordingly came on by order. It appeared that the company was established in 1837 as a joint stick banking eompany under a deed of settlement, by which the capital was to be 600,0001., divided into shares of 251. each, with power to the directors, with the consent of two-thirds in value of the proprietors present at any special general meeting,. to inereese the capital to any sum not exceeding lone mill ion, by the imam of new shares of 251. each, the right being reserved to the old shareholders to take the new shares before they were offered to the public. The whole of the original capital was paid up, and by resolu tions passed in 1840 the capital was increased to 800,0001., by an issue of shares, each proprietor of two old shares hav ing the option of taking one new share. The whole of the shares were thus taken by the proprietors, and the whole 261. on them paid up. In 1841 it wee amain determined to roans, the capital to a million, by the further issue of shares of 251. each, the holder of four old shares being en titled to one new share. On these last shares only 21. 10s. had ever been paid up or called for. The plaintiff was the holder is this third class, having purchased 75 shares in 1841, and 161 shares mere in 1851, and filed the bill on behalf of himself and all other shareholders in the same class. In 1947 the directors had found it desirable to con tract the capital of the company, but being advised they could not legally do so, but Nat they could invest the unemployed capital in the purchase of shares, they deter mined to buy up all the shares that could be had at par ; and previous to October 1848, they thus became the owners on behalf of the company, o f 4,651 s h ares on which 2.51. had been paid, and 824 on which the smaller sum had been paid. At the general meeting of 1852 it was proposed to dispose of these shares at the market price of 421. for those on which the whole was paid, and in the same proportion ' for the others among the 'proprietors in proportion to the amount of paid up capital ; end at the same meeting a divi dend of 6 per sent. on the paid up capital was declared, and • bones of fifteen shillings per share on the shares on which 261. was paid, and in the same proportion on the shares on which the lesser amount was paid up. By the 33rd section of the deed of settlement, it was provided as follows.—lt shall be lawful for the Board of Directors (subject to the provisions next hereinafter contained), to declare • dividend •r dividends from time to time out of the profits of the company, to be calculated on a statement to be made to the proprietors at the annual general meeting, as hereinafter provided; and that it shall be optional with the board to apply such dividends either sea beaus to be added to the respective shares, or as in terline/ dividend on such shares, or on the amount paid up in respectof such shares, or as part bonus and part interest and dividend or otherwise, as they may think most expe dient, and to divide such dividend or bonus into as many equal parts as there shall he share, then held in the capital of the company. By 44th section full power was given to the directors to regulate sad control the affairs of the com pany. By 67th section the proprietors, with the consent of the board of directors, were to have liberty to pay in advance the capital subscribed for by them, and to receive interest not exceeding five per rent. on such &natured capital. By 107th section the shareholders as between one another were to be liable for the debts and liabilities of the company in proportion to their share and interest for. the time being in the company, and not farther or otherwise. The bill was filed by the plaintiff as one of the shareholder of the ' 3rd series, on whleh2l. 10s. had been paid up, on behalf of himself and all ether shareholders in the same class, and prayed that it might be declared that the plaintiff and the other proprietors of new 251. shares of the third series in the said company, were entitled to share equally in the profits ad the said company with the proprietors of the other shares therein, according to the number of shares held by them respectively; and that all divideads and boluses thereafter declared oat of the profits ought to be divided I intern many equal parts as there were shares in the corn-' pray, and not in proportion to the amount of paid up capi tal ra respect of each share. And that it might be declared that the shares reserved for the proprietors ought to be ap portioned amongst the plaintiff and the other proprietors of the new 261. sham of the third series, end all the' other proprietors in proportion to the number of shares held by each proprietor, and not in proportion to the paid up capi tal. And that the defendants, the directors of the company, might be ordered to transfer to the plaintiff and other holders of 261. shares of third series who might be willing to accept them,the shares they might be entitled to on that principle, the plaintiff being willing to pay 421. per share for those upon which 261. had been paid, and 41. 4s. for those on which 24 10s.had been paid. And for the injunc tion se before stated. _ _ Mr. Rolt and Mr. Speed appeared in support of the op peal, and urged that as by the terms of the deed the 3 r d class shareholders, who had only paid 21. 10s. on their shares, were liable for all losses of the company, in propor tion to the number of shares, they were entitled to a parti cipation in the profits according to the number of their thane, and not manly on the amount of capital paid up," inasmuch as they were any time liable to immolate the pay ment for their shuns to the full amount of 261. The only difference that ought to be made between them and those shareholders who had paid up in full was, that interest on the "paid up capital " shook be deducted for the benefit of the first and second clue shareholders before the general division of profits was declared. The Solicitor-General and Mr. Selwyn, who appeared for the directors, and Mr. J. Russell and Mr. Robhouse for the shareholders who were defendants, wen not heard. The Lord Chancellor said that this wawa motion for an injunction to prev..nt the directors dealing with the funds oldie compaity in the manner in whieh they had dealt with them for the lest 10 years, so far as the 'present plaintiff was concerned; during which time he had been a share- 1 holder, but in fact sines 1837 also. If that were all, the plaintiff must have made out a very strong- ease to induce the court to interfere by injunction to disturb • coarse so ' long pursued in dealing with the affairs of a concern in- solving a million of money. But he did not rely merely on that ; for, in spite If an acquiescence of 10 years by the ' off; and stead it were shown that these acts done by him, which proved his cognises*, of this course of pro esedinit—if he could show that all that had been done was done in error, the court might be unwilling to permit that error to be, persevered in. But not 'only wss the cour t satisfied at the defendants had not proceeded in error, bit they wen of opinion' that the construction of the deed on which they had echidnas the right one. There could be no doubt that it wu the general rule of partder ship that the division of profit. should be equal, without reference to inequalities in the amount of capital brought in; but that was unless there was an express contrast otherwise providing for the division of profits. Now here there was an express contract, and the question turned on the construction of the deed of settle meat. The 33rd union provided for the division of profits which was to be paid on the respective shares, or on the "amount paid up" in respect of such shares. Up to that section then•was no neensity foe ugh • provision, because there could be no possibility of any difference in the amount paid on any ahem, as the capital was to he imme diately called for; Ind eitheush there were powers given by other nations to Winans the espstal, yet if the deed had stepped at that section' there would have been no unequal shares for which dividuid were to be provided. It was untended that the Sed elate shareholders who bad only paid 21. 10• per aim were entitled to an equal division of prts on the M. dome as those who paid up in full, but he (the Lord Chanulior) was of opinion that the stipula tion, " or on the amount paid up in respect of such shares," fully met that argument. Again, the 33rd section pro vided that the profit& were to be paid either as dividend bonus, or " interest " on the capital, and " interest " must always be paid in proportion to the capital from which is was derived. The motion mast, therefore, be refused. The Lords Justices both • concurred, reserving to them selves the right to deal with the question involved at the hearing of the BMW The appeal was dismissed, with costs. BAIL COURT.—Beruzu.a. Owns= as Kies Puma Barons Ma. aimnapCiaimeon ANSI Oiikrox luaus. L•rtum e. This was an action to recover compensation in damages for certain slanderous expressiona of the defendant, whereby the plaintiff alleged that he had sustained 'pedal dr =age. It appeared that both the plaintiff and defendant were bakery, the former carrying on b us i neseat 57, Lower Marsh, Lambeth, and the latter at 14, Lower Maria. The plaintiff wok the benefit of the Insolvent Debtors' Ast in July last, and in the following month he commenced buil nem again, and gave an order to a Mr. Wood, who travelled for • Mr. Rockliffe, for 50 sacks of now. 20 of the each, were sent by a carman, who forgot the number, and, see ing the defendant's shop, called there to ask where Leptis= lived. The defendant said, " You.are never going to take Soar to Lapham, you will and advised him to take it back to his master, r Lapham got Seer from everybody and never paid for it. He fur- cher advised the carman not to leave the flour without the money, as If he did his master would n get it, for Lapham n paid anybody. The CaTMILLI then proceeded to the plalatiff, and told him what he had beard, upon which he went to the defendant and remonstrated with him. The carman having delivered the 20 sacks of Sour, returned to his employer and informed him of what had occurred, in consequence of which he wrote to the plaintiff, refusing to deliver the remaining 30 sacks, and demanding immediate payment for what had been left at his shop. Plaintiff upon this was obliged to borrow money to pay for the 20 sacks, and to . buy more emir. Mr. Chambers urged upon the jury that the defendant had been actuated by most malicious motives towards the plaintiff, who bad been unfortunate, and he trusted the jury would show their sense of his conduct by awarding such damages as be ought to be called on to pay. Mr. Bramwell, for the defendant, contended that the de fendant had only done what an honest man was bound to do. Knowing the circumstances of the plaintiff he had put Mr. Bockliffe on his guard. The communicatiou ought to be regarded is the nature of a privileged one ; but if the jury were not disposed to put that construction upon it, he trusted they would not think that the defendant had been actuated by any improper motive. The jury found a verdict for the plaintiff—damages, Os. WORT OF COMMON PLEAS.—SsruhDa Sorrow a asnao.-11svosa Pus Ivories Imams. Ma. !earns Kamm M. Jam= Cannwsz.z. sap lea. Jenne,' Vet Lumes. ETILYN O. WILLIAM AND 0711 . 111 .—ElECTILINT UNDIN 7111 Maw ACT. This was ea action of ejectment, commenced under the new act, against four persons, who oteupied f o ur t enements at Deptford, and was founded upon a breach of covenant, and a sight of reentry, under the lease. The four defend ants were only weekly tenant', and they occupied under the lessee of the property. On the 16th day after the pro ceedings were commenced no appearance was entered, and on the 17th day the plaintiff signed judgmert. This 16at day was the 20th of December, and on that and several previous days, the public office where appearances are ea tered was closed fur the Christmas holidays. On en ap. plication being made to Mr. Justice Talfourd at chambers, he held that the appearance was good, an d h e act aside the judgment. Mr. Bramwell, Q.C., now moved for a rule to set aside the two orders of Mr. Justice Talfourd, to restore the judg ment signed by the plaintiff, and to set aside the appear ance entered by the defendants, and also to call upon the defendants' attorney to show cause why he should not pay the costs. To support this application the learned gentle man said that two of the defendants, and a wife of a third, had sworn that they never authorised any person to appear for them, and the other defendant had stated the same, bat declined to make an affidavit. The lessee of the property was a person who could pay costs, but the defendants were not in a situation to do so, and if the appearance was held to be good, and the judgment bad, the plaintiff would have to try the case with defendants who could aot pay his coats if he got a verdict. COURT OF EXCHEQUER-SATURDAY. AT Nos Paws AT WINTIMONVIII—Buout Ns7BAkoN Pun AND C OMMON JUNI/Vt. CAS= V. ARMIN (CLIIIi)r—DILL DISCOUNTING AND . --- . STIALING. This was an action on a promissory note for 1501. at three mouths' date, made by the Rey. Francis Edward Arden, of Brampton, in Huntingdonshire. The defendant put a number of pleas on the record, to the effect that the ao:e had been obtained from him by fraud and covin by one Graham; that he had never received any consideration for the note; that at the time the present plaintiff took the note he was fully aware of the circumstances under which the note had been given ; that the plaintiff did nut himself give any consideration for the note, and that prior to his having taken the note the plainti ff had distinct notice sent to him of the way by which it had been obtained (rein the defendant, and also that he had never received one ler *thing by way of consideration. Mr. James, on behalf of the defendant, said that as his lelient having put whet were called affirmative pleas upon I Ufa record, it became his duty to commence with the view of 'rTi" such pleas. Ile should do that by a mess o f eve once ; and, having done so, the jury would have had laid bare before them one of those gross bill-discounting stealing transactions which a gang of swindlers had for a length of time been practising upon the public, with, he lamented to add, no very smell success. The learned counsel then en tered into a detail of the facts of the trausaetien, which are described by the following witnesses:— The Rev. Francis Edward Arden said-1 am a clergyman living at Brampton, near Huntingdon, but am nut at present doing any fixed duty. In the month of April last year I was in the temporary want of some small sum of money, when the following advertisement attrac ed my attention, in the columns of the Cambridge Independent Prim .--'. Money 'isetantl• at Command.—Gentlemen of rank, milit..-.ry and naval officers on full pay, and parties holding official appoint aints, and In possession of income, can be accommodated with loans fete short periods from 1001. to 8,0001. on their personal security.' Apply by letter with full particulars in fall confidence, to Zeta, 12, Duke-street, Portland-place pendon." (The advertisement was here pat in and read.) la consequence of this advertisement I wrot e t o " Zeta, 111, Duke-street, Pdrilanttplace, London. I received a letter on April 8, in reply, stating that there would be no difficulty in raising the money, although the writer would rather negotiate for &larger sum. The letter was signed A. Graham. I asked for 1501., and I wrote • letter in answer M this, but I have kept no copy of any of my letters. I teoeived a letter on the 13th of April from the same party, seating that after seeing the will, and obtaining the ueces- Mry certificates, there would be no difficuty in obtaining the money. I replied to that letter, and received in answer a letter stating that the certificates were satisfactory, and that he would recommends capitalist to advance the money —that the interest would be 10 per cent —the bill to be drawn at three month*, renewable quarterly for twelve months payment of interest, and promising a guarantee that the defendant should be held harmless for that period. The letter also intimated that a bill stamp would be for warded for acceptance, end inquired where in London the defendant's handwriting could be identified, and also as to the amount of his father's income. I replied to that letter, and received a letter dated the 20th of April, inching this form of the note, and the stamp for me to fill up, promising that in a clear week after the receipt of the note the cash would be forthcoming and requesting it to be made payable in London to the agents of Meows. Veasey, of Huntingdon; and having drawn the note on the stipulated firm, and endorsed it on the beck, I sent it to London, to Graham, and on the 29th of April received a letter acknowledging it. receipt. Shortly after, I received the following letter, which bears no date in reference to the day of the month :—lt is dated " Wed nesday, 3, Leigh4treet, Burton-crescent," and regrets that, through press of business, his capitalist will not be able to Ido anything till the end of the following w, ek. This letter I bore the change of residence, or at all events the new place to which I was to direct my letters. That is the last note I had from "A. Graham." I have never received one penny for this note from any person. The next communi- Ication I received was from a "Robert Thompson, " of 10, Marshall-street, London-road, Southwark, stating hat a bill accepted by defendant for 1501. bad been brought to him for discount, and requesting to know if it was correct. I sent a reply to that, stating that the transaction was with "A. Graham," and that I was waiting for the money. I received a reply from Thompson, stating that he tad made an ad vance upon the bill, and was desirous of knowing the nature of the transactioh before completing it, as it was represented that the bill had been given for money already advanced to me. The writer stated that he was perfectly unacquainted with Graham, the party named by me. In reply to this, I wrote saying that although the note had been obtained from me, yet teat not one farthing of money many other eeneideration had been sent to me for it, and received an MUMS( from R. Thompson, in which he stated that he knew nothing of the arrangements with Mr. Gra ham, and that his object in writing was merely to know previously to concluding the matter whether the bill would be paid when it arrived at maturity. I, upon this, wrote to R. Thompson, detailing to him the whole of the trans action between Graham and myself, and on the 25th of June I received a letter to reply, informing me that he was no longer the holder of the bill, having passed it into the hands of Mr. Casey, of 17, Barkham-terrace tht I Lambe oad, to whom he begged to refer. Upon this wrote to Casey, asking what he had to do with the trans union between Graham and myself, and his answer was that he did not comprehend me—that he had received no money on my behalf from Therapies, nor was it likely, as he was unacquainted With nee, and that Thompson had paid him for money kad and received with m promissory note. Then, y on the 31st of the same month, I received intimation that the note had been presented for payment, and dishonoured ; and, as it,might be inconvenient to me to pay the whole amount at once, suggesting some arrangement before he placed it in the hands of his solicitor. I never saw Graham, Crutchley, Thompeun, or Casey in my life, nor have I ever received one atom on this promissory note. On the 4th of August 1 received another letter from Casey, repeating that he had obtained the note for money due by Thompson to him, and was surprised at its being dishonoured, and that unless an immediate arrangement was come to he should place the matter in the hands of his solicitor. I then re ferred the party to my solicitor. Cross-examined—l have had no fixed elerieal engage ment for the last two years, but have assisted brother cler gymenfor three or four years. lam not a slurried man. lodge at Brampton, near Huntingdon. I have an allow ance from my father-1001. • year, perhaps. Ido not take a curacy at present, bat should be glad to take one. I have not been in difficulties, though I dare say I may owe for some snuff, tobacco, or a glass of beer. I left my curacy in Staffordshire, where I received • handsome testimonial, at the request of my father. I was never intended for the church, but I was sent up to Cambridge when at 26. I was meant for what you are, a barrister, but I had not head enough, lad therefore I never shall be. (Loud laughter.) My father is a clergyman. This is the first and only bill I ever gave. John Day—l was a hair dresser in Great Portland-street, where I kept the post office for some years. I knew • per son of the name of Graham, who was in the habit of hav ing letters directed for him to my Douse. When I re moved to 12, Duke-street, Portland-place, now my resi dence, the same man asked me to receive letters for a friend of his, directed "Zeta." Letters came there to that ad dress—four or Ave perhaps. This was about April, 18.52. He was a dashing, gentlemanly-looking man, tall, wore a aionstaehe, thin, and had darkish hair. There is oae letter he bee not called for, which I have brought with me. George Wells—l am son of Mrs. Wells, of No. 3, Leigh street, Burton-crescent. She keeps the Post Office. I re member a Mr. A. Graham, who very often had letters di rected to him to be left at our house. Ile looked like a military man. He wore a great many rings. He has not been at the hones for sixteen months, and here is a bundle of letters which have been left for him. _-• • di; ofTort= ; l 7 l;;;leeterehave been left slam he called. Mr. Poilaid—l am managing clerk to Mr. Mohler, the attorne_y, e of Backlersbury . I knew James Wh!illey Osr4i ner. We him for a misdemesnour in 1848 for obtainin, money by files pretences upon a bill. These letters, mined " Graham," are in Gardiuer's handwriting. He was a tall, gentlemanly-looking man, and the descrip tion the witnesses have given to-day of Graham corresponds with that of Gardiner. He did not wear siege when 1 saw him, for he was then in Newgate, where they are not allowed to wear these sort of things. Crons-examined—l only saw him in Newgate. Joseph Gray-I live at No. 10 Marshall -street, London road. I em an assistant turnwek. I remember Thompson taking a frost room in my house at 6e. a week in April last. That was his bedroom and sitting-room. He paid a week in advance se he eould not give us a reference. He went out about ten in the morning, and usually returned about the same hour at night. I don't know that he was a capi , 'slid. I don't know what a " capitalist " means. 1 know the two Casey; father and Son, of Harkham-terrace, but the sow did sot tome to my house. Thompson was about 40 years old. Cross-olangivii- Casey is a very little man, about five feet, and was for some yesn collector to the water works company—the Lamteth company, to which 1 am a turn -1 cock. I nem saw his with Thompson. I have heed that