The Express. — London, England, 1851-07-21 00:00:00

tkan constitution, and urged the importance of a faithful adherence to the union. _ _ The debtors confined in the Baltimore jail were released on the morning of the 4th of July, the new tonstitution of the state, which went into effect on that day, prohibiting the imprisonment for debt. Mr. Fenimore Cooper, the celebrated novelist, has been in declining health for some time past, and no hopes at present arc entertained of his rc- ' tovery. On Saturday last his family were summoned to him, and he received the sacrament according to the rites of the episcopal church. Mr. Cooper i,t uow in the sixty-second year of his age. The anti-unionists or secession party in South Carolina had celebrated the anniversary of the battle of Fort .Moultrie by festivities at Charleston, when the following, among other " regular " toasts, were given from the chair. Judging from these regular toasts, we may wonder what the " irregular" would be: The spirit of Caroliaa's departed heroes—may it burn and blast the soul that counts the cost of re.istance to insult and oppression. The L nion—the wounded eagle may cease to soar, and falling ,i, jeans the crowdtd stars, moisten the earth with , but it will rise to the heavens, again to gaze upon the sun shining upon a southern confederacy. By a telegraphic dispatch from Albany, we have the following intelligence relative to the legislature Of the State of New York, and as to how they " make a house" :—" Much difficulty prevailed this morning in obtaining a quorum in either house. The roll was called in both several times, and the house was com pelled to send its officers about the city in search of members. Many absconded on Thursday last, and, after celebrating the Fourth, should have returned to duty this morning." A man named Cornelius Regan, who was com mitted to Springfield (Massachusetts) jail for :to days, for riot and drunkennt s, had obstinately resisted all attempts to make him cat or think, and after about ten days' perseverance, died from voluntary starva tion. [For markets see lag page.] EXECUTION OF 'IIIE BELGIAN COUNT BOCA It NI E. The execution of Count Ilippoirte Vieart do Bo cerme, condemned for poi•oning the brother of his wife with ss•ential oil of tobacco, took place at Mons, on Friday. It was not till the previous day that tither the condemned or the public of Mons was made aware of the time fixed for the event. About six in the morning M. °aiding, governor of the prison, repaired to the cell of the unhappy count, and informed him that his ap. peal to the Court of Cassation had been rejected. The first effect of this intelligence on the convict was a profound stupefaction. A moment afterwards he exclaimed— .. Impossible !" His face, ordinarily pole, became hnme diately suffused with blood, and Ins limbs trembled vio kntly. Presently he be c ;sti to speak of the possibilities of Jet treceivingtlet hope ard „ ° l n m . m The tt ff..o t v r i. ,. .rn m o e r told un. hi e. m that he then left in his cell, under the guardianship of the three keeps's, who had never left him since his sentence. lie abortly asked to see the procureur, who visited him in company with an officer of the court, at tight o'clock. The procureur read to hint the judgment of the Court of Caslmtion, and the rejection of his appal, and told him the day and hour tiled for his execu tion. This terrible announcement was received with the most perfect tranquillity. " l have but one more request to make," said the Count, " be kind enough to take ears that the blade of the guillotine is well sharpen, ,I. 1 have read of execution, where much suffering has followed the neglect of this precaution, and the thought of that makes me tremble." 'l6c proeureur told him he would observe bis request as the last wish of a dying man. The magis trate on leaving said, " You have now no affairs to occupy you but those of your soul." " That is the priest's affair," was the count's response. M. Altial And r,ehaplain of the prison, end M. lkscamps, dean of St. Wandru, were sent fur; the latter brought with him the Archbishop of Cincintiatti, distantly related to the Bocarm6 family. The condemned was left alone with the archbishop ; but notwithstanding the most urgent entreaties, he refused to confess. It was then about noun, and the clergyman thought it better to leave him to his own reflections for a few hours before making another appeal to his cense:mace. At one o'clock he re.suested dinner—Stwe au last, a pullet, and some Cauliflower, and a pound of cherries were brought, of all which he ate readily. At n later hour he betrayed a real emotion. At intervals he wept, and at last consented to listen to the consolations of the priest. At four o'duck be confessed. A few minutes before, he had seen through the grating M. Mathys, the surgeon of the military ho.pital, who was passing by the prison. He called this gentleman in a supplicating voice, and appealed to him by his former kindness to come to him now that he so much needed his support. M. Mathys replied that the rules of the prison terbad the interview, but he would apply to the governor. lle questioned him further through the grating respecting the elariness of the knife, and begged him to see to it personally. The surgeon left, promising to Conic on the morrow. From this moment the con demned manifested no sign of emotion nor fear. From time to time, however, he inquired respecting the hour, and went like a child, and sat on the knee of one of his keepers, for whom lie had conceived an affection. In the evenine., without any preparation, and as if suddenly struck with the thought, lie exclaimed, " I will give each of you 100,000 francs if you will let me escape." At ten o'clock the pro- Career again visited him in his cell. After their departure he asked for some refreshment. One of the keepers offered him some gauffrettes and biscuits, with a glass of wine. These he re:lnsect, saying that he felt unwell and would prefer a capon mnim cherries. From this moment un til the hour when the executioner was to prepare him for the scatedil he sat in his cell talking with his conic.-'r and maintaining all the coolness and resignation of manner which characterissl his demeanour on the trial. At midnight the erection of the scaffold began, and by six in the morning the sun's rays were reflected from the polished blade of the engine of death. From a commendable feeling of the so lemnity of the oceasioniall the proprietors of cafes, hotels, and shops closed their establishments, and the blinds of private houses were likewise thrown down. An immense crowd assembled to witness the execution, and waited in profound silence in front of the prison. A little after six the executioner entered the count's cell, and the preparations were completed without the least departure on the part of the condemned from the sang froid which he had hitherto maintained. " Arc you my executioner ?" said he. "Yes, 111.1 e Comte." " Ah." This was his last word before ascending the scaffold. Ho was accompanied to the place of execution by the Archbishop of Cincinnati and the dean of St. Wandru, and walked, uneupported, with a flew step, end carrying his head erect. His face was pale, but calm. lie wore the bosom of his shirt open, and had on black pantaloons, silk stockings of the same colour, and new enamelled pumps. His hands were secured behind his bark. Having inhaled for a moment the scent of a bottle of toilette vinegar offered him by the dean of St. Wandru, he embraced him and the archbishop, kissed the crucifix tor the last time, walked steadily up the steps, and placed himself on the board, to which the assistants of the executioner were waiting to fasten him with straps. During Win operation, which lasted tire minutes, he turned his bead several times, and looked at the crowd. Then to one of the men, who being somewhat nervous, was hurried in his manner, he said, " Not so fast, there is time enough," and an instant afterwards, " Slacken this thong ; so much precaution is not needed." All preparation being com pleted, he regarded the knife for a moment with a look of mingled curiosity and astonnihro , nt, and then laid his head on the cushion. The executioner gave the signal, a dull, heavy sound was beard, and Hippolyte Bocarin;., having Buffs t'd the judgment of man, passed to the presence of his Clod. SCARBOROUGH ELECTION.—SArranny. THE I'OLLINO. 11 o'clock—Lord Diulgrave Young 12 o'clock—Lord Mu*rave Young 1 o'clock—Close of the roll: Young Lord Mulgrace Majority for Mr. Young DIG. Humes AusrecE from the business of the bowie on Thursday and Friday was occasioned by indisposition, which still continues. ACCIDENT TO MR. ROEBUCK, M.P.--The Shod:fluid Irodeprtothat states that Mr. Roebuck, has met with a somewhat serious accident. Some ten days ago the hon. member was amusing himself with his Newfoundland dog, had was feigning to throw a stick, when the dog, eagerly springing to seize the stick, caught hold of Mr. 'Roebuck's hand in his mouth, and severely lacerated the muscles of the thumb. This injury, acting upon a highly nervous temperament, produced for some days very unfavourable symptoms ; but we are happy to learn that they ha v e abated. TENTIMoNIAL TO MR. 01111tNE.—On Saturday a number of gentlemen connected with the navy 2J.embled at the United Service Institution, Whitehall, for the pur pose of presenting a testimonial to Mr. O'Byrne, the author of the " Naval Biography." Admiral Sir Charles Ogle presided, and, in addressing Mr. O'Byrne, said he was glad to have this opportunity of bearing testimony to the great benefit he had conferred upon the naval service by the ad mirable work in question. He trusted that the testimonial he had the honour of presenting to him would be accepted as a slight reward for the meritorious services he had performed. Mr. O'Byrne, in accepting the testimonial (which consisted Of a handsome candelabra) confessed his gratitude fur the reat compliment which had wen paid to him, and stated that he felt extreme proud to be placed in the same cate gory as the noble D uke of Richmond, who a short time a g o received a s;inilar mark of esteem. A gentleman present ob served that Mr. O'Byrne was the more entitled to praise, on the ground that his book was tho work of a landsman, and it was surprising that he had succeeded in collecting so much valuable information upon naval affairs. Vbe Court. OSBORNE, SATURDAY, JILT 19. Her Majesty and Prince Albert, accompanied by the Prince of NS ales, the Princess Royal, the Princess Alice, the Princo Alfred, the Princess Helena, the Princess Look" and Prince Arthur, and attended by the Countess of Maud- Edgcumbe, Lady in Waiting ; the Hon. Lucy Kerr, Maid of Honour ; Lord Charles Fitzroy and Col. F. H. Be-moue, Equerries in Waiting; and Major Bid.lulph, Muter of the Ilousehold, arrived at Gosport yesterday afternoon a little before 5 o'clock in a special train from the Note Elms Station, and crossed to the Isle of Wight in the royal yacht Fairy, commanded by Lord Adolphus Fitzelarence. The royal party reached Osborne at halt-past 6 o ' clock. There was no addition to the royal dinner party yester day evening. he Queen and Prince Albert walked early this morning in the grounds at Osborne. The Prince of Wales, the Princess Royal, and the younger branches of the royal family, also took their usual exercise. Sysnsv, JULY 20.—Ownig to the unfavourable state of , the weather the Royal party were unable to leave the house yesterday afternoon. Colonel the Hon. C. B. Phipps and Mrs. Phipps had the honour of being included in the party at dinner. Duchess of Kent, attended by Lady Augusta Bruce, Baroness de Speth, and Sir George Couptr, visited the Exhibition of the Works of Industry of all liatioas on Saturday morning. The Duke of Cambridge visited the Duchess of Kent on Saturday, at her residency, Clareuce-house, St. James's. The Duchess of Kent, attended by Baroness de Speth, left town on Saturday afternoon for her residence, Frotemore. Mr. Boyd, M.P., had an interview with Earl Grey on Saturday, at the Colunial.othee. Colonel Reid, M.P., and Mr. Bedborough had an inter view with Lord Seymour on Saturday, at the office of her Majesty'., Cornmi4sinners of Woods and Forests. Chevalier Colguhoun, the Saxon Charge d'Affaires, en tertained a select party at dinner. There were present his Excellency Buse Wietershtim, the light lion. Dr. Welulig, the Royal Saxon Commissioner, Sir Henry, Lady, and Miss Dymoke, and several foreigners of distinction. Despatchs s were sent off on Satunlay evening, from the Colonial-office, to the Governors of Ceylon and lion !kong. The Duke of Wellington attended the early service yes terday, in the Chapel Royal, St. James's. The prayers were read by taw Rev. Dr. Wesley, and the sermon was pr.;ached by the Rev. Mr. Harvey. Tilt COURT has proceeded to Osborne-house, where the Queen and royal family will enjoy their usual annual excursions by sea in the royal yacht. They will not return to Loudon, unless, perhaps, for a short time at the proro gation of parliament. The royal party, however, well not proceed to Scotland until after the ioith of August, the birthday of Prince Albert, which her Majesty has always celebrated at Osborne, in the midst of the servants and la bourers of her estates in the island.-06serrer. APPOINTUENTS.—Major-General Bowles is nomi nated a Knight Commander of the Order of the Bath. Tin: lion. William Eliot, Attacti to her Majesty's Mission at Madrid, has been transferred in the same capacity t> the Mission at Lisbon. Mr. Eustaco Clare °resale Murray has been appointed Attache to her Majesty's Mission at Vienna.—/buf. THE GREAT EXHIBITION. The number of visitors to the Crystal Palace on Saturday was smaller than on any day since the opening. When the threatening aspect of the clouds and the coluci dence of the last Chiswick flower show of the season are remembered, the thinness at the Crystal Palace is accounted for. At three o'clock Mr. G. W. Wright gave a perform ance of classical music on Willis's great organ, and Dr. Adolphe Hess, organist of St. Bernard's, Breslau, executed on the French organ several of tho compositions of Bach. The comparative quiet of the fire-shilling days is highly favourable to th.se di plays of skill as welt as to a correct appreciation of the instruments. The Duchess of Kent and the Duke of Cambridge visited the building in the course of the day. The total number of visitors was 9,326. Receipts : Beason tickets £lB 18 0 At the doors Total receipts.. £1,379 13 0 FATAL AFFRAY AT MANCHESTER WITH TRADES VNIONIBIB. One of those sanguinary affrays took place in the neighbourhood of Manchester, early un Saturday morning, which have so often resulted in the north from contests between masters and employers. A master brickmaker named James Farr, having a croft at Itusholme, about A mile south of the borough, gave great offence to the trade union about two years ago, and was threatened with a per secution, which his opponents have ever since car ried on with unrelenting vigour. During last year the unionists entered his crofts from time to time in the night, and destroyed the newly-made bricks, whilst in the , soft state, lying on the butts. It is calculated that they did him, in one rear, damage to the amount of 1001, or 3001. He prosecuted some of the offenders at the last summer assizes, and this by no means lessened the animosity of the union. This year they had recommenced their attacks, and having last Sunday morning entered his croft en d violently beaten some of his private watchmen, he deter. mined to arm his people during the night for the future, in order that they might oppose violence to violence. On Saturday morning, soon after midnight, the croft was attacked by upwards of 100 union men, armed with guns and pistols, and the result was such as might be expected, under such circumstance., tiom rain exasperated by frequent persecution and injury. Mr. Fair had four men on the watch with guns, and they had also • -mall cannon, loaded with musket balls and marbles. The unionists came to the neighbourhood in three bodies, and assembled on the north side of Birch church at a given signal, the only notice of their approach to the watchmen being the trampling of feet, and the harking of the dogs belonging to Mr. Farr in the croft. The watchmen, it ay pean, had scarcely time to make ready ore their as. nitwits had entered the croft and were destroying the bricks by trampling on them whilst still in the soft state. They discharged a number of shots in the direction of the watchers, but owing to the darkness took but indifferent aim, and the discharges were harmless. The watchmen returned the fire from a couple of guns, and then discharged the cannon. The cannon was so placed as to take the left Hank of the attacking party diagonally, and though the men could not be distinctly seen in the darkness of the night (the moon being overcast), the outline of the body, to use the expression of the watehmemwas seen like a dark cloud spread over the north side of the croft, and was perceptible enough for the purpose of taking aim. When the cannon was discharged, the unionists covered a flat of bneks, the nearest part of which might be ten, and furthest sixty or seventy yards distant. They had at this time destroyed 6,000 or 7,000 bricks, but appear to hare been paniestricken at the discharge of the cannon, though they had laughed and jeered at the watchmen when they discharged their guns. They instantly core meaceul a somewhat hasty retreat ; and from the cries or pain heard amongst them, it is supposed that some of them were 114 Al rely wounded, as many drops of blood were after wards found on the bricks. They were seen to carry a man away who moaned loudly, and it was after wards discovered that ono of their body, a brick moulder named John Redfearn, had been shot dead. Ile was fouud at day-break, under one of the walls of uoburnt bricks which hr bad apparently been destroying, in a pool of blood. One of his hands was scorched as if with the dash of powder close to it, and, as along with a charge of slugs found is his head, the wadding had also entered, it is presumed he had been shot by some misadventure by one of his own party, since it would appear none of tha watchers were ever near enough to him to have produced these results. Besides, it is stated that they used round shot and not slugs. The body of this man was carried to the Birch Vi.la Hotel, and county police sergeant Forster, who came up to the scene of the affray, took charge of • cavalry pistol, which ho appears to haeo had with him, heavily loaded with ball and swan shot, ands large quantity of ammunition found in his pockets. None of his accom. pliers have yet fallen into the hand.s of the police, but Cap tain Sheppard and Captain Davies, of the county consta bulary, are making inquiries which will probably lead to the apprehension of the must active of them. On Saturday evening Mr. W. S. Butter, county coroner, held an inquest on the body of the deceased, at which the facts given above were stated in evidence. Capt. Sheppard and Capt. Durie, of the county constabulary, were present, and Capt. Sheppard stated that thew outrages last year were carried to such an extent against Mr. Farr, that government were induced to offer a reward for the offenders. The nu , goon who had made a post- mort em examination of the body of the deem.. al said that be found a charge of slugs at the back of the neck, on the right side. It had entered =Mr the left car, carrying with it a piece of thin wadding paper, and had traversed the base of the brain, and another large piece of the wadding paper had entered as far as the cavity of the brain. He was of opinion that the gun or pistol pro ducing this wound must hare been fired at a dietance not exceeding fire or six yard., and that it had produced instan taneous death. From other evidence it appeared that the watchers never fired slugs, nor discharged their guns within 50 yards of the spot, and the jury, under these circumstances, were of opinion that the wound must have resulted from some accident by one of deceased's companions, and who, from the direction in which the ball had come, was follow ing him in the attack. The Coroner briefly explained the law, observing that, if the jury were of opinion that death was caused by the discharge of any of the guns of the. watchmen, the circum stances under which it was done would warrant a verdict of justifiable homicide; but if they believed the fatality might have arisen from a shot of his own party, though not intentionally, the law would hold it to amount to murder. After a brief consultation, the jury found a verdict of "Wilful murder against some person unknown." VESSELS BY rim Rom NAVY FOR THE Ant TIC ESTEDITION.--OH SAtlirdaY a return to par liament was printed, from which it appears that betw..n April 1818, and May,lBso, there were eight vessels specially purchased for the Arctic Searching Expedition, amounting to 106,4711.9 a. 110 d. THE EXPRESS, MONDAY EVENING, JULY 21, 1851. Kato intelligence. COURT OF r.-SATUILDAY. 11 . LW_ORDER 13 - - emu Ida. Omartleloltil FOJOILLNOCI. Is as BRADBURY AND Lowa.—THE CORN TRADR. The bankrupts were described u flour factors, of Great Tower-street. The joint balance sheet showed a sum of 2,6121. due to unsecured creditors, and 4131. to those hold ing security. The secured property woe put down at 5491., and there were good debts to the amount of 2961. They bad begun with a capital of 3001. (brought in by Lowe), on the 17th of January in last year; there was no entry of profits. The loess had been 1,2171. ; drawn out by Brad bury, 553/. ; by Lowe, 2661. This was the certificate meeting. llmdbury's separate debts were 130/. secured, and 1291. unsecured. The pee -1 perty given up was lfil. ; deficiency at the commencement of the account, 1181. n. telirirtai ceder desert vas Weed a 1M Mat Itanoureble Theme Lord lbure. 'Aid Sikh Chancellor el Omsk Britaia, M antt the advise end aridnime at the Lett lienemelie l Isla Memlihf, Wok? of dm Molls, mod the ▪ leseenige tbie Thedlheeedler Ur Jame Meta LBW the Ilenemelde the Tiee•Chtnel:or llehrt Lad 'MI dee Opt Hosourable the Viee-Chatalra wasa Z ham e, lthieght, doth hereby or.:eit and diner In ISM. on OM te err: 1. Thu torpagork r dinked to be too'.d before the Master, the Mem eMI Ime at Wartg I..Ner the sense to be mold at suet ;tem delek *Wm la leeks sr la dr eoestry, ea I by suth perms, as he shah f. That when say property is darted to bs sold before re Master, the Weitte shad be at liberty to dm a reeerved bidding for the maim Kral erre. or Mudd la ler one *Mir for each lot, and mach re. em Wiles dealt* medease of the cornrow of sate under which theta be rid; and I. order that the Mister may Oun Lb es tower furred bidding, the parties shall carry la Mhos ear getucar ssi they may think fit. And the Muter I ' ctrl rig hie diseretiaa r to comminuting emit reserved bidding Mrs pink., or say of thane, or their rolicitors; and the Master, pada* to such see, If he shall think fit, shall ewe to be put Meier • mated cote, and delivered to the person appointed to rte, a haler tartar of the sum at which he shall fie such reserved Marne friar let. And in use no person Shaft tad a price equal to or Miller Ulan the turn =mired in the mold note, thi-n the Master, or the rem appointed by him to sea the said property shall declare that ear tot is not sol but re been bought into account of the per inea Miereeted in or Eutitled to the property. L That when any property Or directed to be sold before the Muter, the Mutt r shall be at ratty to fit on amount to be paid as a depo sit by the purchasers respectively at surh ails, sad to appoint tome promi person to receive the game, who, if required by the Master, chant give Kearny. to be approved of by the Master, duly to account for and pay what be shall receive in respect of such deposit in such manner at the court shall have directed In respect to the TO , Olifl , to arise from etch role; oral the pers.= smarted to receive such depo alts shag, within such time Or the Muter sh dl appoint, and without any special order for the purlieu, pay the monies which he rah creel e la met et tfo reef ;the amount of such moneys to tie certified by the Maur} in such manner es the mart shall have directed with named to the mon.; is to artre from the rate. 4. That when one property is directed to be sold before the Mateo-, the Master ehali be at liberty, either before or after such property she hone been pot up :or Nate b• public auction, to erectly proposal* ter the sale thereof. It any par thereof, by private contract ; end he shad stake his repo t thereiif, with bin opinion thereon, to the court, which report shall be wubmitted to the court foe confirmation in Cr MOM sorrier .I.slepOrt.illlotk: upon op clot referenee as to macs ty private coteract. (Signed) Truro, C. ; John Ittenilly, M. R.; 1. L. Knight Bruce, V. C.; Clanworth, V. C.; G. J. True, V. C. Mr. Lawrence supported. Mr. Linklater opposed for the assignees on the ground that the bankrupts were insolvent when they began trade, and were hopelessly so when they incurred debts to the amount of 1,8001. The whole account of assets realised under the joint estate was 111. Bradbury was examined at considerable length as to the items of his account. Ile had been employed come years in the house of Kingsford and Ley; his business was to attend to the foreign exchanges. Had known great fluctu ations in the price of corn; in 1846, wheat was at 10.31. a quarter. He had known the price fluctuate 20s. a day before the free-trade measures. Lowe, who brought in the capital, had no previous knowledge of the trade. There was a good chance of success, but they had not sufficient capital. Since they commenced in February 1840, the markets had been continually falling, with ono exception; wheat was 4.35. a quarter when they begnn, it was now 38s. They bought foreign wheat—not by sample, but by general description. Sometimes a worse quality was sent, and they were fre quently mixed. For one good cargo they often received two of an tub:rine description. The grain was gathered up from number of small millers, and shipped in bags as of the same quality. Lowe aeposeel that he had borrowed the .300/., which ho advanced at the commencement of the partnership. Mr. Linklater urged that this was nothing more than an attempt on the part of two insolvent men to take advantage of the fluctuations of the market. When these weut against them they obtained advances on their goods from brokers, and had not paid their creditors a farthing. Their principal creditors resided at Riga and l)antzfe, and had been doubtless imposed on by the circumstance of Brad bury's connection with the house of Kingsford and Ley. The report of the official assignee ' , hewed that the bank rupts had been keeping their books in such a way as to defy all scrutiny. The result was that there was a cash defi ciency of 1151!., for which they were unable to account. Mr. Lawrence contended that the capital, though borrowed money, NAI:s legitimately employed for the purposes of the trade, the best possible test of the honesty of the bankrupts' intentions. They had adopted the usual mode of disposing of their cargoes, hav ing entrusted them to Messrs. Coventry and Shep herd, who would doubtless obtain the beat prices ; and the advances were applied in diseltarge of their trade debts. It was es :,lent that loss had arisen faum the defective quality of the grain consigned to the bankrupts, and still more by the fall in the markets, from which thousands had suffered in common with themselves. It would not be contended that the bankrupts ought immediately to have closed their trans actions, because the markets were falling ; for within the last few weeks there had been a rise. There was no charge of fraud, or of making forced sales. In the case of Elliott, before Mr. Commissioner Goulburn, the assignees had sold all the corn in hand; while the result showed that, had they held it 12 mouths, it would have realised 20s. in the pound to the creditors. It was evident that the trade was a very speculative one, and ought to be dealt with accord ingly. The personal expenditure had been moderate. The ehart;a of imperfect bookkeeping hail ben met by the fact that the accounts of persons in their way of business were to a large extent kept by the brokers. Ilia Honour said that one of these bankrupts was con fessedly behind the world 118/., the other had only a bor rowed capital of 5001., and they had engaged in a trade which was in its nature peculiarly hazardous. The one actually behind the world was in every respect unjustifi able; the other not so much so; but this distiecticit was always to be drawn with respect to borrowed capital, that the man bringing it in did not know the hour when he might be compelled to withdraw it. Ile was not himself the master of his own funds, and therefore the 500/. brought in by Lowe did not warrant their entering into dangerous speculations. That men ustered into this ha zareluus trade was perfectly true, but no man was justified in doing so except in the most cautious manner, and unless he lead funds to fall back upon. They were utterly want ing in this case; and it was a most extraordinary circum stance that every one of their transactions hied turiteeVout a loss. Why was this? The unfortunate experieuce of that eaurt showed numerous instances of reckless men entering into trade for the mere purpose of subsistence for a greater or less period of time, then failing, and leaving the cre ditors to bear the burden of that 7subsistenee. If that sub sistence were of the lowest character, the most eco nomical that could be imagined, still it was unjustifiable in turn to live out of the pockets of their creditors. That was not the case here ; instead of the expenditure being the lowest that could be justified, it was uujustitiably high. Bradbury had drawn out of the concern 5331.; about half that was attributed to personal expenditure, the re mainder, 21,11., there was no account of. Lowe stood in a much more justifiable position ; for, although the court did not attach much value to borrowed capital, yet he had s 9111 ( ., and he had been content with cleaning out about half what Isis partner had done. Ile therefore came to the conclusion that this was un unjustifiable, reckless, and im provident trading, but he did not think it of such a cha racter as would warrant the refusal of the certificate altoge ther. Ile should suspend llrailbury's certificate a consider able time, for two years. Lowe stood in a somewhat better position. Ile bad not been the active partner ; his expen diture was less ; and he had some slight justification in his borrowing 500/., which appeared not yet to have been clahued against him, and which could not be claimed against the joint estate. His certificate would therefore only be suspended for six months ; both certificates to he of the third class. lie should grant protection; because he thought that these men had better return to their position as clerks ; and if the creditors locked them up, they would not be good clerks. Men should not be in too great a hurry to quit the safe position of clerks, until they got capital of their own; then the desire to do so was very limitable. Hail it appeared that there was an intention of getting these goods from abroad, for the purpose of unduly selling them and unduly applying the proceeds, he should have held that to be a gross fraud, and one against which foreigners especially were entitled to protection ; but he did not set the case in that light. The bankrupts hail been exceedingly reckless, but he did not find that they had been fraudulent. EQUITY COURTS.—SATCRDAL iii.vost rev Low el/ ANCALLOS. DOYLE r. WILIOIIT. Mr. It. Palmer salt this was a petition on behalf of Lord Edward Howard. The Lord Chancollor desired him to apply to Vice Chan cellor Knight Bruce ; he had spoken to him about the mat ter and he would hear it immediately. Nit. Palmer and Mr. Itolt then left the court in haste to go to the Vice Chancellor's court. Daw r. CLAUKE.—Loco IMPRISONMENT rou DEBT; ONET RELIEF IN THE COEUT lOU IXoULYENT DEBTORS. A petition was presented in this case, argued last Sa turday by Mr. J. Parker and Mr. Frith, for the discharge, under Sir Edward Sugden's act, 1 Wm. IV., cap. 30, sec. 16, of the defendant, Thomas Clarke, from the Queen's Beath prison—where be has been biller 1827, for disobedi ence to the orders of this court. The application was opposed by Mr. Morris and Mr. Ilughes, on the ground that the case did not come within Sugden's Act. The Lord Chancellor now, in giving his judgment, stated the origin and history of the various proceedings taken by and against the defendant and his brother Valentine Clarke, now deceased. The disputes ori,tinatcd in the administra tion of the estate of Eli Stott, father of the plaintiff, Mrs. Dew. Ile was a found a lunatic in 1821, and died the same year leaving property of the value of 40,01101., end a will made in 1818, prior to the finding of the lunacy. The executors named in that will renounced probate, under the impression that the testator was nut sane at the time he made the will. Then the testator's nephews, Valentine and lknjamin Clarke, the residuary legatees named in the will, applied to the Ecclesiastical Court, and having there obtained administration with the will annexed, proceeded to take possession of the estate. Mrs. Dew, the only child and sole next of kin of the testator, instituted a suit in the Ecclesiastical Court to rem' the administration, upon the ground of the insanity, which consisted of a monomania respecting herself, always speaking of her as a worthless, vile, and demoniacal person, and treating her with the greatest harshness and cruelty. The daughter succeeded in Doctors' Commons, and the administration granted to the Clarke' was recalled, and administration was granted to Mrs. Dew. There was then an appeal to the Court of Dele gates, where the decree of the court below was affirmed. (For those proceedings see 1 (laggard, 311; 1 Addams, 288; 2 Addams, 103 ; and 3 Addams, 79) Mrs. Dew then filed he r bill in this court against the two Clarkes for an account of the monies received by them from the estate of the deceased. An order was made on them to produce cer tain papers and documents in their possession relat ing to the estate, and also to nay into court a sum of about 50001. admitted to have been received by them. They had made application for a commission of review, which tame before Lord Lyndhurst, then Lord Chancellor, who refused the application. They then tiled a bill against Mrs. Dew and others, but that suit was not prosecuted, Thomas Clarke having been in prison at that time for dis obedience to the order of the court. Ilia brother Valentine had gone out of the country and taken the documents with him, and died abroad. (For an account of the proceedings in the suits in this court, see 1 Simons and Stuart, 108 ; Russell, 373 ; 5 Russell, 16.3 ; and 1 Mylne and Keen, 10:3.) The costs of all these proceedings exceeded 10,0001., all of which were paid out of Eli Stott's estate. There were several attachments tor costs against Thomas Clarke besides the order of attachment for non-payment of the 6,0001. That sum was a debt, and that court had not the power to discharge the prisoner from it. The Blaster of the Rolls has already discharged him from the contempt for non production of the documents, it appearing that Valentine Clarke had taken them with him, but ho refused to dis charge him from the contempt as to the 5,0001. That was as just ► debt as any debt could be to the estate of Eli Stutt. If the petitioner seriously wished to be discharged from prison his course was to pay the debt, or give up all the property he had towards the payment of it, and apply to the court for relief of insolvent debtors, and he would, upon giving up all his property, obtain his discharge. Whatever disposition he (the Lord Chancellor) may have, to discharge him he had not the power. The case did not come under Sir. E. Sugden's Act, and he must refuse the prayer of the petition. I VICIXNANCILLOII KNIGHT Barer. nH COLLIE'S CHAILITY. Mr. Cooper and Mr. Townsend supported the petition of two out of Live of the trustees of the above charity seckintr an appointment of new trustees, and the settlement of a 'theme for the future administration of the charity. The • • original trusts, declared in the 31st Elizabeth, were that rents and profits should be employed in the reparation of the parish church, the amendment of the highways, the easing and discharging of the poorest of the parish charged towards setting forth of soldiers, the payment of taxes, or else distressed and brought casually into poverty or other wise, for the commonwealth of the parishioners, the rents to be gathered by the churchwardens or others, by appoint ment of the most substantial men thereof. INSOLVENT DEBTORS' COURT—SATunDAT. gavot' MR. Commisaissiut Ix VIZ NAFIER OF FREDERICK Tots FOWLER. This insolvent, a newspaper reporter, who applied under the Protection Act, was opposed by Mr. Sargood for Mr. Francis Thomas Gell, an attorney. He defended him self. The complaint urged against the insolvent was that he had incurred a debt with the opposing creditor without reasonable or probable expectation of payment. It ap peared that the insolvent had employed Mr. Gell to bring an action against the Daily News for an alleged libel in reference to the Bishop of London's charge delivered at St. Paul's on Saturday, the 2nd November. On the 4th of that month an article, which was now read in court, ap peared. Three writs were issued at the suit of the insol vent, and two other reporters named Woods and Potter. According to the insolvent's statement in his schedule, Mr. Gal was to take the case into court for 71. 'lids allega tion was denied by Mr. Gal, who stated that he was to be paid the costs out of pocket as he proceeded with the action. He had not received one shilling. Ile brought an action against the insolvent fur 31!. 7s. 7d. It was refs reed to the Muter for intuition, and he struck off several items, re ducing the bill to 211. 18s. Ekl. It was on account of the judgment so obtained that the insolvent had petitioned the court, and on the question being raised the court decided that an inquiry into the cause of the proceedings was legi timate. On his examination the insolvent stated that he was the party who furnished the daily papers with a copy of the Bishop of London's charge. It was delivered on Saturday, the and of November, and he obtained it on the Tuesday preceding. He had made a copy of it at Fulham palace, Herm LORD Ciarwosm (Vice-thsneelloej with the assistance of two other reporters, named Woods IN RE THE GLOUCESTER, CHEPSTOW, AND FORRET OP and Potter. He made six copies, which were left with the DEAN JUNCTION RAILWAY COMPANY.—PETITION TO DIE- bishop, and brought the top slips away. He first arranged CHARGE A WINDING-Cr ORDER REFUSED. with the bishop respecting the charge by correspondence, Lord Cranworth delivered judgment in this ease, and afterwards by a personal interview. It was by his (in which was a petition to dismiss an order made for the wind- solvent's) suggestion that the copies were left with the ing up of the above company on the 2atli of January. Ilia bishop. They were for the daily papers. The copies were lordship said that the petition stated that the original left with the bishop to secure him being anticipated in the order was made upon the application of Mr. George publication of the charge. He did not ask his lordshipm the's per- Man, and it set forth the prospectus of the company, and mission to take the seventh copy. Ile had no authority fro that a number of shares had been allotted, including ten daily papers to apply to the bishop further than his general shares to Mr. Man—that the undertaking was projected in authority as a reporter. lie was known to the bishop as a 1843, and it was found in 1846 that it would not be pros- reporter, and he dined at the palace whilst he was making peens, whereupon a meeting of the shareholders took the copy. The bishop received him as a general reporter. plase, at which it was agreed that 28s. per share The Guardian newspaper set up the charge from the copy, elartild be returned to those who had paid de- and pulled him slips, by which he supplied the other rides upon their shares that Mr. Man had papers. He did not make 1001. by the charge. The Muss ing Chronicle gave him five or six guineas. The Times pald 21/., and had received back from the directors 111. This petition alleged that Mr. Man had no right to have paid him by the line, 10/. as. Gd. lie got five obtained the order for winding up, on the ground that his guineas from the Guardian, five guineas from the interest was so small, 71. being all that was owing to him, /Sat, three guineas front the Standard, and three and also that it was a fraud on the part of Mr. Man, be- guineas from the Chrittian Times. All that wu cause be had accepted the lit in lieu of all demand', that made was 301. between the three—Woods, l'otter, the transaction was not bona tide and had been improptrly and himself. He got the six copies front the bishop gut up by the solicitors. The petition alleged that the soli- In St. Pours Cathedral. lie had arranged with the bishop citon, for the purpose of obtaining payment of their ex• that it should not be published before it was delivered. lie penes in getting up the company, had beat about to find had }so authority from the Daily Noes to apply to the some one to make the application for the winding-up order, ti-sop. He considered that the article in that paper was a and had induced Mr. Man to come forward. libel on him. After the article in the Daily Ames he did Ilia lordship said that in his view of the cue it was un- not call on the bishop. Ile had had a correspondence with necessary to say whether the case alleged in support of the his lordship, but ha (lid not mean to put it in evidence. petition was made out ;he was inclined to think it Lad Mr. Gell stated that the insolvent, Woods, and Potter been, for the resolution passed at the meeting of the called on hint to bring actions for libel against the Daily shareholders was, that on payment of the 28s. per share News for the article. They were to pay the costs out of the scrip should be given up. That would be a good reason pocket. Only one action was carried on. The insolvent for supposing that wheu the party gave up the scrip he never paid him, and he did not proceed to trial, but sued I meant the receipt of the money to be in lieu of all demands, hi m f o r hi s own costs. Th e i nso l vent never confided to him but he could not look to that circumstance, because thew that he had taken a secret copy. If he had known that the petitioners had not taken proceedings when it was first defendants would have been able to have proved such a known that the order had been obtained. It appeared that circumstance he would not have incurred the expenses. the directors did not Immediately step forward to put a atop It was not true that the cause was to be carried into court to the order, but they allowed the matter to go on. An for 71. The insolvent had defended his own case, and had official manager was appointed, and expenses incurred. abused him before the court and jury. That induced him After this it was too late to come to the court to set aside , now to come forward and contradict the charges made the order . It might be doubtful whether under the oth I aga i n st him. Section of the Windiug-up Act the court could make an I The insolventeross-examined Mr. Gellon matters relating order ou this petition ; but this it was unnecessary to de- to his profession, and occupied some time. tide, as he had come to the conclusion that the petition I Some discussion took place in the course of the case, and be must dismissed with costs on the ground of the delay of the question was raised whether the Bishop of London the directors. should be asked to attend the court. Mr. Wigram and Mr. Berkeley, appeared for the re spondents. The Vice-Chancellor directed the appointment of the new trustees to be selected by the vicar and two magistrates of the county, and to comprise the churchwardens; and that the rents and profits of the estates should be applied to the repairs of the church of Upton and of the highways, so that not more than half should be applied towards easing the parish rates. Uzwe AND FLAX COMPANT.—WINDINO-UP Acts. Mr. Malins and Mr. Gilmour supported a petition, seek ing to discharge an order which had been made for winding up the above company. Mr. Cooper, Mr. Uncoil, Mr. Metcalfe, and Mr Swift, for the respondents, opposed the opposition. Mr. Whitworth, the registrar of joint stock companies, attended in court to inform the Vice-Chancellor that then were circumstances attending the alleged deed of settle ment of the company of such a nature as would render it proper to take some steps in respect of it. The ease was ultimately ordered to stand over in order that one of the respondents, a solicitor, in whose possession the deed was stated to be, might produce it, so that it might be impounded. Mr. Commissioner Phillips was of opinion that as the ease now stood there was nothing against the insolvent under the act. Mr. Sargood thought his lordship should be asked to attend. Mr. Commissioner Phillips asked the insolvent whether he wished the bishop to attend ? The insolvent said he had no objection, and wished it if it was necessary. Mr. Commissioner Phillips told the insolvent that one of the questions he should ask the bishop was whether he had any knowledge that he had taken the seventh copy. fhe insolvent said there was no doubt on that subject. Mr. Commissioner Phillips said,thcn the bishop had been deceived on the point. Ills Honour was of opinion that the Bishop of London should attnd the court. The insolvent had vouched his acquaintinee with his lordship. The insolvent said he was only known to his lordship as a I fr i case was adjourned to Monday fur the attendance of the Bishop of London. IN ILE JOSISCII KEIIBT.—GOTERNEENT CLEIKS—REGU LATION AT THE rust-OFFICE. This insolvent, a clerk in the Psst-otHce, applied under the Protection Act. _ _ Mr. Cooke appeared for several creditors. The insolvent had a salary of 130/. a year, out of which he proposed to set aside 201. a year for his creditors. That sum was considered as iniutlicient, and he agreed to increase it to 301 ' and not to 401., as the creditors required. It wa: stated that at the Post-ottiee there was a regulation that no °Nicer in the establishment should petition without the con sent of the authorities, and that when a sum was set aside the receipt of its payment should he regularly exhibited. Mr. Commissioner Phillips was glad to hear of such an arrangement. lie hoped the laq-in:sits would he regularly made, as they would not be discontinued N itliout notice to the creditors. 1 The protection was granted. ASSIZE INTELLIGENCE. OXFORD CIRCUIT.—WORCEsTEIt, JULY 19. The commission for this county and city w m opened this crenitnr by Mr. Justice Erie. The business of the assize will commence on Monday morning. The prisoners' eaten ler contains neariy sixty prisoners for county and city, but does nut present features of any marked or peculiar character. WESTERN CIRCUIT.-WINCIIESTER, JULY 19. illiFOklt JUnTICIt TIIE GOLD Dl ' : - ;T - fio - It - DE - lii - O;i - TIIE -- ... 4- 01:111 WESTEIIN RAILWAY. Plampin, a journeym an tailor, was charged with having stolen, on the 9th of May last, a box of gold dust, weighing 291 b., and a wooden box, the property of the London and South Westeni Railway Company. A second count charged him with having received the same, well knowing it to have been stolen. Joseph Frederick Parker and John Yeoman proved the lauding from the Great Western steam-ship of certain boxes of gold dust ut Southampton. It. F. Jennings, clerk to the Southampton Dock Com pany, proved that there were 206 packages, 46 of which were deposited in waggon No. 31:5, and the rest in other waggons. Samuel Winshup, patter to the Packet Company, said Mr. Beer got into the waggon No. 315, and remained there till he get into the train. Mr. Beer counted the packages, and said there were 16. Ile was then locked in and a tarpaulin was fastened over the waggon, which haa no roof to it. Witness went with the train into the railway premises, and then left the waggons in charge of Mick and a broker. Witness was away from the train an hour and a half before it started. 'There were no passengers but those in charge of the treasure. There was sufficient space at the end of the carriage for any person to get in without un loosening the tarpaulin. The rest of the evidence Ins been fully reported. Mr. Butt, Q.C., then addressed the jury for the prisoner, and said that ho thought they would agree with him in thinking that this was one of the slighest cases that had ever been brought before a court of justice. After all the care that had been taken by the railway company to get up this case, they could not say where or by whom the property had basil stolen ; yet they called upon the jury to take a leap in tit: dark, and say that the prisoner stole the b met , . although they were unable to assign any place where the offence was committed. Mr. Justice Coleridge summed up the evidence at great length, pointing out the distinction between stealing and luting possession of goods or property knowing the same to have been stolen. and to give to the plaintiffs only 4,4`22L The precise question, therefore, for the jury at pr...sent was. whether the second contract did not entirely set aside the power given to Mr. Murray, in the first contract, to make a final award ; and ho (the learned counsel) contended that the plaintiffs never did mean to refer to the final sdecision Of Mr. Murray, that they never did so refer, and that, inde pendent of the technical objections s% hich he had raised, the jury's verdict upon the main question of fact must be in favour of the plaintiffs; and then this case would be reduced to a mere inquiry as to the amount the plaintiffs were entitled to recover for the work u hich they had done. After some discussion, it was agreed that in case the plaintiffs should he found to be entitled to a verdict upon the question above-stated, this action, a cross action, to re cover their demand of the company for damage, and all other matters in dispute, should be referred on the usual terms. The plaintiff.' counsel then proceeded to adduce such cid. deuce as they deemed eecessary to prove that part of the caso which was to be put to the jury, after waich, Mr. Watson having addressed the jury for the defrlitlanti, some 11,11- mentary evidence was put in, and the engineer, Mr. Murray, having been examined, Mr. Knowles replied, and his lordship then summed up, leaving to be decided by the jury these two questioni—lst, Was the renrence to Mr. Murray by both parties such that his award should he final? 21ly, Was anything beside the claim of the plaintiffs referred ? The jury retired to consider their verdict, and after an absence of a f, w minutes they returned into court, when lib lordship said—Gentlemen, did the parties, both of them, authorise Mr. Murray to make an ward ? The juu—No. Iris lewlship —Were there any matters in dispute, except ing the claim made by the plaintiffs? The jury —No. Ills lordship then said it was fit he should state that it struck I.im the second contract did nut give the power to the arbitrator to decide upon the several matters contained either in the fourth or titth plea. Ile thought that In point of law, upon neither of those pleas would the &fen. slants be entitled to bland. The verdict, therefore, must be for the plaintiff., subject to a reference as to the amount to be p dd to the plaintiffs. JOILNSTON V. liOtt.iitEY.-13APACIL 01' rILOMI,E OP 14.1.1011 M M. The jury retired to consider their verdict, and after about an hour's absence returned into court with a ver dict of Guilty of receiving, knowing the same to have been stolen._ )Ir. Justice Coleridge concurred with the verdict of the jury, and said he believed that no person iu court had the slightest doubt of his guilt, and that he hod been assisted by other parties. lie could not look upon this robbery as an ordinary case, and should therefore sentence the prisoner to be transported for ten years. The prisoner, who heard the sentence without emotion, was then removed from the bur, and a trial which occupied nine hours terminated. NORTHERN cuteurr.—Ymex, JULY 19. Nut Pawn COURr.—BWORR Ma. BARON PIACI, CILANEN AND OTIIEIeS C. THE SUNDEILLAND DOCK COMPANY. The plaintiffs in this case were John, Jonathan, Nowell, Benjamin, and Hiram Craven, and the Sunderland Docks Company were the defendants. The action wns brought to recover .yO,OOO/., for works done by the plaintiff's, in respect of the construction of the Sunderland Docks, the claim being founded upon two agreements, dated respectively July 17, 1817, and September 27, 1549. The defendants had put several pleas upon the record, but those mainly in issue at present were the ibiath and fifth, which raised the questions whether the matter in dispute had not been con cluded by the award of the arbitrator, and whether that laward was or was not final. Mr. Knowles said—The plaintiffs are the Messrs. Craven, I , the !Feat and well-known contractors for the execution of public works, to whose lot it has fallen, from time to time, to be employed in works of very great magnitude—for in stance, the gigantic stone walls which surround the Castle at York, and these gentlemen brought the present action to recover a very large sum of money (more than 30,0001.). which they claimed as a balance due to them in respect of the execution of works at the Sunderland Docks, under certain contracts and provisions. Until the last year or two, the town of Sunderland, notwithstanding its great commercial importance, has not enjoyed the advantage of any docks, the want of which bad long been felt before any remedy could be hit upon; and it was not until the year 18 t 6 that a body of persons chiefly belonging to the town of Sunderland, associated together, and re solved to du that together, which was much too great an undertaking for any individual enterprise to cope with. Accordingly, in Mg nn act of par liament was obtained for the construction of the Sunder• Mr. Knowles, Q.C., and Mr. '''''''' appeared for tl.e plaintiff; and Mr. Sergeant 'Wilkins and Mr. Thompson for the defendant. This was an action for breach of promise of marriage, brought by the plaintiff, Sarah Ann Johnston (by Henry Thomas Johnston, her friend), against Anclutel Fenton Fletcher Houghcy, a captain in her Majesty's Slot regiment of foot. The declaration laid the damages at 2,0001., and stated that the defendant had promised to marry the plain tiff, and had broken his promise. To Oils the defendant pleaded that the plaintiff had released Lim from his promise ; upon which issue was joined. Mr. Knowles, iu opening the case on behalf of the plain tiff, said that the plunitiff was the daughter of Mr. Henry Johnston, the proprietor of the Itovad Hotel, at Huff. He had three children, the plaintiff a son, and another daughter. The plaiutiff was the eldest child, and was now about twenty years of age. Therefore when the inti macy between the plaintiff and the defendant commenced she was eighteru or nineteen. She was a young lady of very good personal appearance, had been well brought up, care fuliy educated, had always been a person of most exemplary conduct, and enjoyed a character above the slightest suspi cion of reproach. The defendant (aged about 32) was agen dum= who occupies in the world and in society a more elevated po.ition than the plaintiff being a captain in her Majesty', 81st Regiment, and connected with a highly re timetable and very ancient Inanity, being the brother of Sir Thomas lioughey. The defendant WiLl a man also of some what distinauished appearance, and reinar:,able for that elegance , of manners which a communication with the best society often affords. Of his private means the plaintiff' had no means of forming an estimate, but she believed him to be a mau of substantial fortuae. In the month of Decem ber, ISt% the Slot Regiment was ordered to Hull, and when they arrived, the garrison not tring ready fur them, the officers all went for two or three days to reside at tho Royal Hotel. At that time the defendaut was frequently in the habit of calling at Mr. Johnston's house, end in time ho formed an acquaintance with her. It was, however, twelve months before his attentions became oft ait :narked charac ter which necessarily attracted the attention of the plaintiffs parents. On the discovery that an attachment was growing up between the parties, Mr. and Mrs. Johnston thought it prudent to send their daughter front home, for the purpose of breaking off the intimacy, intending her to re main from house until the defendaut should leave Hull, an event which was expected soon, as the regiment had been ordered to Berwick. Accordingly the plaintiff was sent away to visit some relatives or friends, at a place called Chase, in Lincolnshire, and the matter was so arrangedthat the plain tiff was kept in ignorance of the purpose for which site Will sent away. The defendant, however, was not content to leave waiters M that pu , ition. He exhaee,<d great &isms probation at her absence, and importuned her mother on the subject. Ile at length discovered the place of her address, and then said that unh s, he had the opportunity of seeing her at home he would pay visits to her at Chase. The de feudanCa warmth in the matter leaving nu doubt of the sin cerity of his intentions, and of the honour of his object, the plaintiffs father and mother thought it better that their daughter should return home, to receive an honourable de claration front the defendant, with a view of her beco:aMg his wife. The plaintiff returned to Hull on the tits of April, 1840, and on the Oth the defendant Wily explained to the plaintiff and her family the nature and object of his attentions. I a short he proposed to make her his wife, and the plaintiff accepted that otter. The matter was committed, of MIMI`, to the plaintiff's connections, and she received their congratuf dims, upon what seemed to be the promise of an honourable :old advantageous marriage; and the defendant himself made no secret of the affair, for ho frequently talked to Mrs. Johnston ttliell the subct, and always spoke of the plaintiff as a person who was about to become his wife. On the 17th of April the regiment was to leave Hull, and iu the interim prior to their departure various discuasious and considerations arose respecting the future destination of the parties—where they were to live, and how they were to live . , a.. soon as the marriage took place. The defendant had a brother in Canada, and pro posed to exchanAe into a regiment in Canada, se as to enable him and the plaintiff to go and live there, where in property would viable him to keep up a better estobli.lunent titan he could in this country. On the nth of April the defend dant went to Berwick, having passed the preceding evening at the house of Mr. Johnston, and given the plaintiff every reason to believe that his mind was fully made up, and that in a short time she would I,etome his wife. Before he went away he made the plaintiff a present of a ring, which was to play a very important part in a subsequent and painful scene belonging to tlds history. After the defendant had left Hull he wrote several letters to the plaintiff, the tone of which, up to 13th May, was kind and affectionate. Tho subject of marriage was more than once alluded to in them, and nothing occurred to give any intimation that a change had taken place, or was likely to take place, in the defend ant's intentions towards her. They were very affectionate in their tone. On the 13th of May, his conduct beemne laud Docks, which arc now in existence and operation, altered, and on that day ho wrote a letter to the plain which have attracted great notice and general admiration, tiff, in which, after thanking her for her last to him, and which stand out as a splendid monument of the genius and hoping that she would soon be in better health, he which first thought of the plan, and of the industry and wrote that after fully and carefully weighing his circutn skill of those who carried it into execution. In May, 1817, stances and prospects in life, he felt compelled to say that the company advertised for tenders, and eventually, on the it would be most injurious to them both to enter into the 17th of July, the plaintiffs came to an agreement with the marriage state; that his rank was only that of a captain, defendants, by which they contracted to excavate the whole which gave him 2001. a year; that his private fortune was of the wet dock and the half-tide basin, and also to erect the not sufficient to purchase his commissions in the army ; and walls, and to effect certain other works. This contract that he left it to her superior sense and judgment, whether amounted to 13.5,0001., added to which was a sum of 1,13.51. it would he advisable to marry under such circumstances; for a quantity of stone, and there was a clause in the agree- besides which his union with her would sever hint from his meat which gave the plaintiff., at the completion of the family, which would tend to mar their future happiness. works, power to claim a further sum of 2,rahli., which, how- The plaintiff sent in answer a letter, saying— ever, depended upon the approval of Mr. Iludson, the " Poverty you plead as the obstacle to our union ; but chairman of the company, or of Mr. Stephenson, engineer, you know, dear, that 1 um nut one of those who would like in case of certain events. Moreover, 11.4 will happen in the to live in grandeur and splendour, even if I had the means. case of works of such magnitude, there was a good deal of Your society and a neat and comfortable home is all that I additional work done, which further increased the total of the would or could desire. l'overty does not diminish my loan whole sum to bo paid by the defendants. Of course in the fur you, but increases it much more. Surely we ought to agreement there were certain specifications as to the work cling to each other with more constancy and Ervency. But to be done, and the manner in which it should be done, as I have before assured you, you have only to name a wish and, in case any dispute or difference should arise, as to and mine will readily coincide with it. I put my whole the true and proper construction of the contract, it was confidence in you (fur you ate dearer to me than any other to be submitted to the engineer, Mr. Murray, whose de- person living), lend lUM quite certain that it is not wis cision mould be final and binding upon all parties. The placed, so that whatever you do, I am sure it will be for contractors proceeded, upon this agreement, to make the the best." embankment, and in the end they removed altogether Not having obtained the answer he sought, on the 15th 1,276,000 cubic yards of rock and marl, including 93,000 he wrote another letter, full of affection, the appearance of cubic yards which had been excavated by the projectors which he still kept up, desiring her to consider fully the of the scheme themselves before, the plan being to place this letter he had previously written. In answer to this she rock and marl in such a position us to cause the sea to force replied that she had again carefully perused his letter, and it up between certain groins which were to he constructed, that she thought it better to wait before they entered on the and thus to strengthen the whole fabric. The stipulation marries:a stem After this correspondence, the poor girl's was, that 636,000 cubic yards only should be removed, health having suffered, Mr. and Mrs. Johnston consulted which was about one-half, and the plaintiffs had thus together, and the following letter was sent to the defendant: given to the defendants eleven acres of land more than " Royal lintel, null, May 24,1850.—Sir,—My feelings as they otherwise would have had, and thus increased the a father compel me to address you on the subject of your value of the property of the proprietors of the docks. The engagement to my dear child. The altered style of your works went on for some time, when Mr. Murray wrote to letters to her have so affected her health, that I demand of the plaintiffs, pointing out that they were not depositing you, as a man of honour, to let me know explicitly what the material in question at the sea ward point of the your meaning h. Ido not desire to press your engogement groins, as required, and directing them to do so. How- with her to a speedy fulfilment, but must have your Mime ever, the works went on until September, 1849, when the diate answer whether you still hold that engagement invio defendants availed themselves of a stipulation in the eon- late on your part or not, as 1 can no longer bear to see her tract which empowered them to dissolve the contract, in the state she is, or allow her to be made a laughing stock and on the 21st of that month they formally put an end to for the whole town, who knew, from your own actions, of it. The works accordingly remained in abeyance until your engagement to her, and also frum your correspondence the 27th of September, six days only after the company up to the 13th of this month, when, all of a sudden, and had dissolved the first contract, when a second contract from what cause I know not, you write, not exactly to say was entered into, which recited the making of the first that you decline to fulfil your engagement, yet your appa -1 contract and its dissolution. It then went on to with- rent meaning is to that effect. —I am, sir, yours truly, draw the notice given to the plaintiffs, and to revive the " Capt. Boughey, 81st Rent." " 11. T. JOHNSTON first contract, but with this proviso, that in future matters To this letter urn answer was sent by the delendant, in dispute should not be left to the final decision of Mr. written in a very difffrent style from all the former ones, Murray, but that, if the plaintiffs were not satisfied with and it appeared very much as if the defendant had some his decision, they should be allowed to appeal, first to a body at his elbow when it was being indited, it having, as gentleman of the name of Ord, and secondly, in case of the jury would receive, such a business-like air about it, Mr. Ord's death, to another gentleman named Scott. The and was as follows . works were then resumed, and on the Ist of January, "May 28, 1850, Berwick.—Sir,—Referring to my mote of 18.50, they were all but completed ; and accordingly, on the the 20:11 inst. and in ans'ver to yours of the previous day, 4th of that month, the plaintiffs wrote to the company , iu regard to tire fulfilment of an engagement on my part to setting forth a claim which they wished to have discharged , your daug h t er, and re q uestin g to know whether you still either in whole or at all events in part. They were then hold that engagement inviolate on your part or not ? ' asked for a statement of all their demands against the corn- have to inform you, in a previous letter to Miss Johns.- - psny, and they did send in en account, under the supple- most fully explained to her my joresent circua. - mental contract. The result was that on the 3rd of April, also other most insuperable objection. 18./0, Mr. Murray gave the plaintiffsnotico of IHS Mum- the fulfilment of any engagement wl lion to investigate their claim. This investigation did us, and itsking for her true and sine, take place, and in the course of it a claim was set up 'which I trusted she would experience on the part of the company . for damage done by the in gto you also. I now have to star plaintiffs in not fulfilling strictly the terms of the con- 'adoration my present income, and t tract. This claim was protested against by the plaintiffs, slightest chance of any augmental who denied also that Mr. Murray had any authority ma i nta i n i ng my position m 11061 to include this deduction in his award. However, OH descend; and furthermore the gre: the 17th of April the award was made, and it was found feel at all the ties of friendship and to include the deduction of 14,7681. claimed by the being inevitably severed. I cannot company from the plaintiffs for imaginary damage, that, should any engagement be ::: : hoc c ,..en; t r ec t lin e , o r s : : : ni i iii i; ch:: :: is . ici l li J itirt, c h , ... bet,,t . , to t4O -•• '--- iss o as on •esent circtuustances, and .• tats that, to iptPaeft " 4, 1 to which t , t titian, FO fates 11 , r . c kty, I sh•4l • ~,, ti *I t o teat mortificatatt r _.l F ~...., A society of i IA . tt but form t . . ... carried out ,M -,,, ;0 . 4 , ;3 1 t .: g:' di v ( 7 . ) 31 I 1 I