The Express. — London, England, 1851-11-28 00:00:00

ne Court. OSBORNE. THURSDAY. Her Majesty and Prince Albert walked yesterday ia the Park at Osborne. The younger branches of the Royal Family also took their usual walks in the grounds. Despatches were remind at the Colonial-once yesterday from the ()amnion of the West India Islands, and also from the tiovernor of South Australia. NHL PEARSON'S PROPOSED CITY IMPROVEMENTS. ST. ALBANS COUNTY COURT, AND THE LATE ELECTION. ST. ALBANS, THCRSDAT. More than usual interest was manifested in the proceedings before the judge of our County Court, Mr. Koe, to-day, in consequence of its being understood that some cases would come on for heating, arising out of the recent election, and - involving some novelty. The court was ac cordingly very much crowded. The case of Bradshaw v. Edwards" was an action brought by the widow of Mr. Joe Bradstuiw, a tailor, for furnishing the def e ndant an d family with bro adcloth, coats, and trousers. Mr. Gresham appeared fur the plaintiff, and Mr. Day for the defendant. The defendant Edwards ad mined that the plaintiff was entitled to a verdict for the full amount of the debt, 311. 10s., but pleaded a set off of 391. 10s., consisting of a claim against the deceased bank rupt's estate, for getting him through the Court of Bank ruptcy in 184.5, when Edwards, who, amongst other things, pursued the calling of a local accountant, was resorted to for the purpose purgatorial. The jury, consisting of six, having been sworn, Edwards was put into the witness-lsix and examined. Depused to having prepared the deceased Jou Bradshaw's balance-sheet, for which he was by agreement to receive 10/., together with all other incidental expenses out of pocket connected with the proceedings before the Court of Bankruptcy, in Basinghall-street. Cress-examined by Mr. Gresham—Have you any occu pation at present ?—Witness : lam a firmer. Have you been any other occupation besides that of a fanner ?—Yes, I have been an accountant and manager of the St. Albans Bank for fire-and-twenty years. Is there anything else you wish to tell us ? (laughter.)—No. There appears in the bankrupt's balance-sheet to be 121. paid for • pony, which the court adjudged to have been improperly removed from the bankrupt's estate. Now, how did you get that money to pay into court, and where did it come front ?—lt came out Mmy own pocket. From what peculiar resources It is impossible fur me to say. Had you, then, considerable funds at your command ?—I had the farm which I now hold, well stocked. Then 121. was no object to you ?—No. Nor 501. ?—No. Nor 100/. 2—No. Nor 2001. ?—No. Nor 3011.2—N0. (Loud laughter.) Mr. Stagg, town clerk, was next examined—Did you ever receive 121. from Mrs. Bradshaw, to give to Edwards to pay for the pony ?—No. Was employed to obtain the bankrupt's final certificate, and the charge was three gui neas for doing so and go.ng to London, but had nut yet been paid. l'rior to this Edwards had himself been a bank rupt, and witness was concerned for him in the bankruptcy. Ile had nut been paid. Has any creditor under Edwards's estate been paid ?—I cannot say. Edwards here rose and, addressing the judge, slid, I beg, to say that 1 have paid four-fifths of my creditors in full. Mr. Gresham: Have you paid Mr. Cuppock ? (Laughter.) —Yes, I have. . _ Yesterday evening, a great number of gentlemen, t i e d engineers, railway managers, contractors, &c., assem bled at the residence of Mr. C. Pearson, to hear from that gentleman some details of his comprehensive plans for a central railway terminus for the City of London, and f o r var i ou s new streets in connexion therewith, the object being permanently to relieve the congestion now so gene rally complained of in the great arteries of traffic. There were upwards of 100 gentlemen present, and amongst them we noticed :—Sir John Rennie, Sir Charles Fox, Mr. Pen par, Mr. Palmer, Mr. Swinburne, Mr. Donaldson, Mr. H a ywood, Mr. Glyn (Lombard-street), Mr. J ose ph Gly n , Mr. Rennie, Mr. Rending, Major Dawson. R.E., Mr. Cant well, Mr. May, Mr. Baxendale, Mr. Wyatt, Mr. Gregory, Mr. newsman, Mr. Cooper, Mr. li. Grosse% Mr. Cleeg, Mr. Spoiler, Mr. Braidwood, Mr. Robinson, Mr. Davison, Mr. Belcher, Mr. Foster, Mr. C. Manby, Institution of Civil Engineers, Mr. F. Foster, Mr. Grantham, Mr. Dock- Major-General liPLeod, Mr. Phipps, Mr. Bevan, Mr. Itislrnan, Mr. Braithwaite, Mr. Orissell, Mr. Phipps, Mr. Widiaw, Mr. Howell, Mr. Renton, Mr. Beardmore, Mr. Turner. Mr. Pearson had prepared a model of the proposed improvements, but, previous to opening it, he wished to make a few prefatory observations. Ile said that he occu pied his time for the last fifteen years mainly with three great objects—improvement of prisons, cheap gas, and a central City terminus fur the railways. in the two first he had succeeded, and was happy in having saved the City of London 87,0001. a year in the price of their gas. Now his great object was the central terminus, and " now or never" he believed was the time for carrying it out. The corpora. tion had got an act fur the construction of a new street from larringdon-street to Clerkenwell Seasions-house, thinugh the valley of the Fleet, but he was confident they would modify their plan into whatever might meet with the public sanction. Loudon was the metropolis of the world, and hail a right, therefore, to look further than the interests or views merely of her own immediate citizens. During the last few years, the obstructions had so much increased in several of the thoroughfares that men of badness found the greatest difficuity in getting to the va rious public ed.ablishinents, and the shopkeepers in the City bad been seriously injured by the difficulty of access which almost banished people of condition from their warehouse,. lie Attributed this greatly increased crowding of the streets to the distance of the various railway stations from the retorts of business; in short, he believed that if all the ter mini were so distant it would be impossible every night to empty London of its migratory population. The next cause was the situation of the railway city depots fors goody. Oreiham-street was completely blocked up, se ass Lawrenee-lane, so was Basing-lane, and so w.e. the Old Bailey, and the passage of carts and Ta w backwards and forwards rendered these streets completely useless as lateral channels of communica tion. The nest cause was the now migratory character of the citizens of Loudon; it seemed as if they were acted upon alternately by a centrifugal and centripetal force fly ina out of town at night, and into it again in the mora ine. From the census calculations it would appear that the city population had decreased one half in the lost hall century, but if the census had been taken in the day time instead of at night it would have been found to have increased to sixfold in that time. lie had himself made calculations from which it appeared that the value of property had increased 129 per cent. (Rear, hear.) This arms. from the City being the habitat of so many of the sr at establishments of the country. The late Sir M. Wood had so far back as the year 1817 endeavoured to pro vide for the then growing traffic by some new streets which romp d part of his (Mr. Pearson's) present plan, but in vain. Now, however, the time was come when some arrangement of the kind was indispensable. Ile did not mean to say that the plan he submitted to them was the best that could be proposed, bat he contended that it had two advantages, a -iterate way for ordinary traffic, and a sub-service for the railways. One of the great difficulties in urban railways bad hitherto been the expense of site, as all the building mead ia the vicinity was rendered useless, but his plan would *no thee site as bandies gpund, and create aii newmene aMto Mrs& casts. He had only to say that he had ozposned yams' labour and 2,0001. on has fir, bat les donandoi M sassy he it. All he said upon Est MS% 11614 if, WINS bis pima bed been two or three yews In din oporstioa, the shambaiden should think fit to vote him a gnat of newsy, he meald M vsn7 much obliged sad accept It. (Chews sad huighter.) Mr. Pearson then azieosered his model, sad proceeded to explain in detail the dills:eat allseatione M coutempastel. His explanations were skaiMr to Sham Thigh have already been published at hue* la die pormodleas of the Court of Common Council, and amoosted inhetestially to .this—that he proposed to eimagrost • peat arterial street, to be called Victoria-street, (saeetrairess to Farringdon-street, the roadway to he silldmieh, the tunnel serving as a railway. This meow it to be 100 feet wide with tour double lines af pße, *ad down the sides are to be great andiste Ow seat and vegetables, receiving-houses for goads. sad panteseer stations. Two great passenger stations at the two steam of Farringdon-street, and various new cress IMMO sio, be relieve the contemplated increase in the 1111/11,47 of prom draws to that locality. Viaducts are to he throws em MoUsora-valley, sad the Valley of the Fleet, and on pea down is to run beta Bt. Martin's-le- Greed te Piwriktec Chancorrleas. Me. Pearson en tend lob mfaase salaehtions, to dam that the aecoatmo datim its but pmeongon would Ma Ma tiara as much as 1 tbey at peened poassined Fie*dilmilie. mai that mei- I dues end isle would bee assonowiatod. Of the probable met Mi s lo be woad not speak, as Mr. Walker sod Mr. Nokia( eakaula- bons by dinettes the ;but this mush he would lay, that lot bollowel It would to ddindonsly small in propelled Was bomb to M doditd. It was deo opt Mao of larwtoios potpie dot Ow lass rood would ulti mately sopowsdo our coottles ask or_tobisi the City of Lessins, is prosolag tM Thamm s hdd Ida bay. But if the Them a MINI to be Ma bey, they mast endeavour lei get wiummoil at as Ws ma, IR dry would sus boo the adsseetams of thole paddow. Mr. Pawns woo heft cheered at the concludes of Ids obonwatints. Mr:Omluun: I merely wanted to show that at the time Mr. Edwards said he paid this 121. on behalf of the bank rupt be had not a pound to help himself with. Now, Mr. Blagg, you represented Bradshaw on that occasion as his attorney ?—Yes. Q. I believe Mr. Edwards himself has occasionally practised as an attorney I—l do out know. Judge—No man can practise without credentials. Mr. Gresham—Yes, a man may practise and may be in dicted for it, and Edwards has dune it. Witnesses were called to prove that Edwards undertook for 101., exclusive of any further sum, to get the bankrupt through, and Mr. J. Knowles, accountant, of Basinghall street, said he had looked through the balance sheet as made out for the court by Edwards, and was astonished to find that the bankrupt eves passed. The account as made out made the bankrupt spend more money than he ever re ceived. (Laughter.) It was merely a copying out of the debtor and creditor items from the bankrupt's books, and displayed no ability whatever. Had seen thousands of ba lance sheets. 101. was far more than enough for it, and a clerk of any ordinary capacity would have been dismissed for doing it. Whenever there was a special agreement en accountant had no more extra expenses, although if he came from a distance ho thought ho should stipulate for them. A Mr. Ivory, brother to the plain tiff, having deposed that he gave her the 12'. in question, and that Mr. Blagg told him his sister had paid the money to him, Mr. Day referring to the pro ceedings produced, as filed with the Court of Bankruptcy, showed the entry of an item to the effect, "121. fur pony paid by Edwards." Mrs. Bradshaw, examined, alleged that Edwards undertook to get her hus band " through" for 10/., and that he had never asked her or applied for pay ment of the 121. for the pony. Mr. Gresham then addressed the 4ury, and said the debt had accrued from the clothing of Edwards and his family by Mrs. Bradshaw's deceased husband, and Edwards when applied to for it, with that implied sort of power which those who knew him best could most appreciate, said " If you trouble me, I'll trouble you, if you ask me for payment of the clothes, I'll make out a bill that shall swamp you." He (Mr. Gresham) now put in a letter to show that at the time Edwards alleged he had paid the 121. he wrote a letter to the bankrupt, asking him to give Hayward (one of *the witnesses who absconded to Boulogne) 11., as it would be useful to meet his (Edwards's) harvest expenses. Were the jury, he would ask, to take Edwards's evidence which, on another and more serimis occasion, had been rejected, unless confirmed by somebody else ? Edwards, rising, exclaimed energetically—lt has, sir. (Noise, and cries of " Order.") Judge—l cannot adopt Mr. Oresham's assertion in this matter; and shall, as 1 hope the jury will, dismiss it from my mind. Mr. Day, on behalf of his client, deprecated the feeling that had been imported into the consideration of this subject. At aboet 7 o'clock the jury retired, and on their return found a verdict for the plaintiff; and also that the defend t,an by way of set off, was entitled to the 10/. for preparing the balance-sheet and expenses, and the 121. for the pony. THE SISTERHOOD or Min= AT BIOUIONDEBT.— I iterday Miss Watkins nod Min Sutton, bath engeets. ' by commend, and neither of the awash above 10 pan of se, publicly assuesed the white veil, ma wen waived Into the Sisterhood el the Order of Many at the Roma ' rittn,lie rho* Peeksee-row, Benseadoey. Shady oda I 1'). Wein& the whole aleterhoed of the asddaut aaaat, the nunneries* la the habit of their wake, sad ea& 1• ••rmit a wadi% wheel the olt parch, ' 4,11 0"vd by UNA, the soosehaew sad Ira ardesente, ' sad the two yeauleate. They wee deared weehely shim in a bite, of rick arliehlk mad with each a wreath of white mean sad overpass be Wed. Arriving before the sitar sash wide We sad thus the white marries' =nape* dreneelvee tfto . 11s .aftdisti, sad dr dab eleades " dlafisas num.. This dna the Rer.Dr. Cluestiodwa the prayer. of the Virgin in behalf of dr pedednie. Se Wes pea crated rah of than with a lighted and% «e • eligrini emblem of inward *let." The M. yeadines edema& eddnired a few weeds et oweloorweat mad weeektisa to them. The eepedsuies sad her atehteat them anketed the postulants bade the eiubraf. kwalhis bean when they wen basereasted by ha abater May bad beta W aned by their own free will to stet the weer, ead whether it was " that Int intention te penmen i• Pasha le the aid et thole Has ?" Haring weerwal this. 411111110•11 alleideelly they retired with the sepeekeus to pat ad " their teadee dna." They reamed der • short haw =l"WAllettelibil..zignata bridal solo bit of the eet whli r. abbe dry= appeared. The superferen dew poseesied to Odra annally with the Anton; afar whisk the wiehast. kidiag • white veil ever the head 4 sash, rivaled bee ameeperre of it a. " the emblem et peftity."Fhey were lebeeresatly habited with " the oink of die church. The emsaway coseladed by this ruler, OM after the other, omeleader the wyeeyear sad each member of the enter heed. They that led*. drab la the coin in which they entered, the eithstheed et one door sad the clergy at smother. PLUNDER OF WOILMIIed FUNDL—Last night a netting of anima. eesseebed with the building trade, met to receive en ..sent of the pentane of the men lately working fee M. 111,pees, hut sew on strike. Mr. Noble, neretas7 to tlr stab, emeftliese, road • report, hen which It appeared that the era bed beta paid at the sad of the Eat week of the date the ear of 1114. On Ed., at the rate of id. a der; .used week. WM 113 e. dd., at the rase of le. Zday: MO4 000101101. Is. W.. at the ma of la. dl. per ; sad OW week. TOL D at dr nee add. parlilly. The seam to Mb Mrs wee had Ina oldie M • sebery of dedr ANA. awwileed team the delleering eirewriewee : Oa the ask d danany het dr Inewarer held a Wawa 1764 lb. dd.; bet es the 011awhi merreial. the hea• skew balm net w pay As ask wee surisisen it the abases et date Weenarar, her whew. bearmee, they ewe weeired a serart, regvas Mat two eawaitiorma be seat le hie Myhre% la headeraest. road. The roma am emplied erldh esti apes 'reeving at the plow abereeward, Ist Mb. igitliselia were infeened by the brewer Mat dr Calipa of ths the wary emitted to he ber asks. We awe of th s e a zz add herd, sod weataally, by mien of • amiss of the nen, mavens& to amidst the the treasurer, mad • era ales ea eadta who slept with law were given into the Wads of the et The tiosserer shield that be bad met slept at ham se the night et the sassy 1 OW be had left the nary soh la lie be; whelk he had hiked he ea hie ream ea Itiaday maniac hut I=ll he head thst alma Ida beleogiey to the bees leralS4 irides SOL sad MIS add dose lisaitg e t: haeolf. The Aerie wee bowl at the lowelreet elks, sad ilhakeed ilardy he twat of peoe4 sad perdy beaus, la the *ail of tM sham eagitste. the raw had Wes adawl hr t• Ikea Farfalor sad se ha fie oe• Needy at law. demo aIIEMAI wa s expeeral at the Nader of th•• isomillso, i sorsigieg SO Mlle marl la the beaded • limb toadied; bee • VINO of wollikere he the oweselfera woe wirdwaudy eerie& aid die pia eeodiap alied is the abeam et • sweladea_ yledatag the watiag us hereeerleerahas W ley* delliliagy lOW dated by the relday. BRAZILIAN MINING CoNPANY.—The half-yearly meeting of this company , adjourned from the 20th inst., took Aims yesterday at the London Tavern, Joshua Walker, Esq., In the chair. The advertisement calling the meeting having been read, and the minutes of the previous meeting confirmed, the Chairman said he was sorry there was not a fuller attendance of pp roprietors , inasmuch as the present was perhaps the most important meeting the com pany bad ever held. He bad filled the office of chairman for more than 25 years, and he had never before wind to a half-yearly meeting with such anxious feelings. The question they would bave to decide—though net that day, for it was intended to propose . a further meat, to afford time to the propr ietors for sideration on the question—was, whether the cow pang should be carried an or not, because if it wan continued, then it would be to ruse additional capital.—The Secretary (Mr. Thome then teed the re port, which stated that there had been a falling .f in the quantity of gold yielded is the lest as compared with the previous balloon the 4 = mime. bekg 941 b. 10oe., against 1671 b. flee., without my peespests lier the future in either et the mime et Gouge, er the Basessi .j smite mat resat worked. Oeplels Brekesshaw had that new week,. hol be eposea. sew called the working% te wonder whisk peellehle would require MM., as awe whith the eses emsittee did set emi tter theskelesejestasil is is , gpfeletimi mark maths i ekng he the peepee a s lirt ark value. Cial we tillh.ifiem Mirk si geld hell mellsed UM MAU.. sod the led sesesseed te TAU. 14s. Id.. shewbig • es the batik' of 4,2771. 11.. 7d.. sod a fing off is the value se eseepared with the reams half-year of 2,8181., the dkaiseeka in the expesdleare Wig only lle. id. The esoodttee had bees impala, is osier b meet • Mk dot le the M the hankie est the mans of westing, te eppeeprkk LOW. reserved fe whisk was sew mothost WOOL Tlie whale of the esibliorilt i essitaig aid Isespeans, 121 settee labearree. nil NI sepses, wen geserelly healthy. TM this reetmosied the eajewnsie for the perms by the aheis rd saki th at to gees with the week • sal of lb. re awe wad be seemeary. The asks= Need this seta the undo, of the lest edam the Ikea= had isilemaied w esommend the idolise-Lee womb bet esker seem* einem demo they it weal be baker is eljesea the mestiog le she kr mime eneliseetiss. abonM the showie (at the aijoserd osellem whisk k wee peeper' le held en the 18th Des.,) Made that the woo= shwa be wound up.~ the directors would be mast In earn that _destine Into effect. But if it iwfi be darmind M the es, sad rake new aria% then it week be the iii of the pewit digesters, ,eso reesese, eel k one, es& Ober esespoiess in Mork to retire, k se that new ble s t :a u intro dosed into the womplosnt, sad kat, with their views sad spikes, on the siajoA it be better that odor peaks should direct the If the tympany. Is eessieiss, hr tamed the tutorage ef the repot and amousle. • oskesation ensued, in the wares of which fall teslikeee wee expressed in the direelers, and • stao oak wee mat by them that before the day of the ad joined =soft briber information would probably be eseived !sake workings. The motion was adopted, and the meeting adjourned, se suggested, to the 18th of Doesoee. LIANA:FT OF RAILWAY COMPAlMM.—Yeeter day, at the Oldham Coast, Court, Mr. J. Daseaft, M.P., ated Lenemhin and Yorkshire Railway Company for the Pm eif 11s, the usenet of Warred by him in reeding his iketkeelea wwesierwe of the dy for =et ea beet of the & while he wee travelling. At the empery eseemiel dm the ileley wee eit sooidehie. be : 11 fi ler the aweipment of the 1 1 10071 =1:11 agilleb ler the entire yeevestioa of whisk was bad net pat dimevered a nerdy;n bat thejadgeoweertkeima, deemed ter Are full mama claimed with seam RAILWAY ACCIDENTI.-161411463+ a parliamentary ehrerias diet is the half-year ending the ;rims= wore 1751,700 railwa being • greet lumen ea the eseeepoadi y ? use = Zeyear. There wen 106 persons and 173 ed. isig Of peeeengare, 11 wen killed awl 1 *Jared trim emits heyeeditheir men Newel; yetempee were II Ilene mew le their ewambeeetiere sr want a waft ; >a SIMON si amweales ea et watreetees were kid sad 10 *area ilmea mews heyendtheir eine eantrel I 11 smear of ceetwieser 06 enteemeet were killed and 10 Wend owing are their ears whieedeet er went et imp don; treepeweee were hid awl g *reit yews eerier weaklek om eilles z Theee wine seleiles. Th e hewers is the of *mei is dte six midis was 77 Ow Weil of railways 11011 miles in rb il etalted Clam Massa me BroccorELL—Yesierday, Mr. W. Carter balm latent et the Black Hone Ina, Brixton- M. es die link eta Amin thud foam& mak dielinnd Is • are Ileekwelhownson, when the Imp easai sped tes do Wilfel mark, spirt ream run or rem imiurea." THE EXPRESS, FRIDAY EVENING, NOVEMBER 28, 1851. COMMISSION ON HAINAULT FOREST. MURDER AT TOLLESBURY. (Frees the asehaVord Ckewiirk.) With feeling's of humiliation and sorrow we hare to add the details of another atrocious murder to the blood stained deeds which have blackened the criminal annals of the county within the last few years. The scene of the horrid tragedy in this case is 'follesbury, a considerable fishing village, lying upon the marshes of the Blsckwater, ' and close to Tiptree-heath; and the victim is the wife of an oyster dredgennan, named James Cobb, 33 years of age, who was murdered while asleep in her bed, after her hus band had left her, early on Tuesday morning. Cobb was employed in the oyster layings, of which there is a coasi lerable extent in the neighbourhood, snd it appears left fir his work about 6 o'cloek in the morning, a lodger having previously quitted the house; the wife being at tbs time awake. A little girl, seven years old, whom they had adopted, having no children of their own, slept in a crib close to their bed. Other houses adjoin, but nothing was heard to create alarm or excite surprise till eight o'clock, when the little girl awoke and finding the woman dead, gave an alarm, and admit ted the neighbours ; the victim was then found lying in the bed, apparently in the position in which she had been sleeping, with an indenta tion in her skull, 'several other wounds on her head, and her threat cut, life being extinct. The object of the mur derer was clearly plunder, and the presumption is, that having entered by the window, he proceeded up stairs, struck his victim with a hammer on the head as she lay asleep, and having rendered her ;insensible ' cut her throat with a razor, thus effecting the murder without waking the child, who lay slumberiing within a few feet, and who, if she had been disturbed, would probably have been silenced in the same summary manner. The murderer then appears to have ransacked the hoses in that and another room in search of money, but he did not succeed in finding more than 12,. belonging to a lodger, which was taken away ; a tea-caddy, containing about the same sum, standing close to the bed of the murdered woman, having escaped has search. The dreadful deed produced awful excitement throughout the, village and the adjacent parishes ; the police were early on the spot, investigating all the circumstances, and suspi cion soon pointed to Heury Harrington, a young man about twenty years of age, who lodged in a house adjoining, as it was ascertained he had not quitted his house till after Cobb and his landlord had gone, and the same morning proceed ed to Wivenhoe. The evidence against him at first ap peared exceedingly alight, but the officer felt it his duty to take him into custody, and facts have since come out that tend strongly to fix him with the guilt. A hammer be longing to the person at whose house he lodged has been found exactly to fit the indentation in the head of the de ceased, and on Wednesday, a labourer, at Salcot, two miles off, found near a stile in the direction the prisoner went to Wivenhoe, a handkerchief and a razor in a case, both bloody, the former of which has been identified as belonging to Harrington, and the razor is the : property of Wash, with whom he lodged, and who, on going to look for it, found it was gone. It was further found that the prisoner's trowsers were marked with spots of blood, and it appeared that he had endeavoured to hide some by putting ink over them. He has been sometimes employed as a labourer on a farm, and at other times as an assistant in dredging. The husband of the murdered woman, though in hu.nble life, occupied a respectable position in the village. On Wednesday, an inquest was held at the Queen's Head Inn, Tollesbury, before Wm. Codd, Esq., coroner, and a respectable jury, when, after viewing the body, a number of witnesses were examined, who deposed to the facts above given. The medical gentlemen agreed iu opinion that it was impossible the wounds on the head of deceased could have been inflicted by herself. Harrington made the following stat•ment, after being duly cautioned :- 1 live with my sister, Mrs. Wash, and opposite to Cobb's house. On Tuesday morning last (the 25th inst.), about six o'clock, I gut up and lit my pipe, and went up the yard towards the privy, when I heard some ono in there. I went indoors and began my breakfast, and in about ten minutes afterwards 1 again went to the privy, and met a man named James Coates, who lodges with me coming from it. I shortly after returned into the house, and made a fire and finished my breakfast. Coates had then gone to his work. I left home before 7to go to Select to see Abra ham Emmeny, who was going along with me to Wivenhoe to get a boat, and he and I went to Wivenhoe the same day. Jeremiah Ketley, Abraham Emmeny, and I had paid down a pound amongst us for the boat about a month ago, and were to pay the remainder, 151. 10s., by weekly instalments of five shillings amongst us. We went to the ' owner of the boat, Mr. Barton, of %Vivenhoe, and he told us the boat was ready ; but when we went to look at her we found the well had not been made high enough, and we came away the same day without the boat, and reached fialcot about seven that evening, when I slept that night at the Rising Sun with Emmeny. I did not come on to Tollesbury, as I heard policeman Fox was after mc, and I was told that he was coming to Salcot for me. I was ap prehended by policeman Fox at Tollesbury this morning. When I left home yesterday morning, I had 3s. in shilling piece+. I had two shillings of it from Itallinson, Mr. Fuir head's looker, and the other shilling from Mr. Wyatt, e bricklayer of Tollesbury. The coat which I now have on is the same coat I wore the whole of yesterday (the 21th instant), from the time I got up. I have only two other coats, and both of them are at home. I have no razor of any own, but always use John Wash's razor where I lodge. I believe it was a black-handled one, but am not quite certain. I think I should know it if I was to see it again. I have not shaved with it for the last fortnight. I think I got to Salcot about 8 o'clock. I went by the road as far as Old Hall Chase, and then went along the path by the fields. I did not leave the path at all. I have one handkerchief only, and that is at home. I should know it again if I was to see it. I have had no other since I have been at Tolles bury. I very seldom use it. I did not use it yesterdaj morning. I kept the handkerchief at the head of my bed. James Coates and his son slept in the same room with me, and did so on Monday night last. Coates and his son, aged about twelve years, left home before me about half an hour. The inquest was adjourned to Tuesday. Yesterday, a posl mortis, examination of the body of the deceased was made by Mr. Dawson and Mr. Smith, when it was found that the injuries from the blow on the head were much more extensive than had been at first supposed, and were sufficient of themselves to cease death, inasmuch as the whole of that part of the bone on which the hammer fell was shattered to fragments. It is a little singular that when the aims was discovered the general feeling of the inhabitants of the village. was one of suspicion against the prisoner, this being in part pro. duced by the general character which he bore. The pri soner, it is stated, had en farmer occasions been heard to give utterance to threats against the deceased. It is also added that Cobb was to have been a pertain in the boat al luded to inthe evidence, and had stated he had hissl. ready to pay his share: it is therefore concluded the motive that instigated to the murder was to obtain possession or this money, in which, however, the perpetrator did not succeed. The commissioners met on Monday at the Angel Inn, Ilford, for the purpose of settling their award with regard to the forest boundaries. Mr. Commissioner Cooke said he supposed the parties present were aware that the object of that meeting was only to hear objections to the draft award which had been printed and circulated amongst the persons interested in the forest. The printed draft award was taken as nod. The commissioners then proceeded to fix the external boundaries ; and, as no one came forwent to object, the drift was ea far confirmed, with a few trifling alterations of detail. Mr. Commissioner Wetherell having inquired whether any person objected to the boundaries of the King's Woods, as described in the draft, Mr. Hulse, on behalf of his tither ' Sir Charles Hulse, lord of the manor of Barking, objected to Chadwell-heath being included within the inner boundaries of the forest. Mr. Commissioner Wetherell asked if Mr. Hulse was prepared to show that Chadwell-heath was not within the confines of the King's Woods ? Mr. Hulse replied that he did not know what the King's Woods were. Mr. Commissioner Wetherell thought the Woods and Forests must give evidence in support of their claim. Mr. Gardner, solicitor for the Woods and Forests, re minded the commissioners that Chat's - ell-heath had been perambulated by them, together with the rest of the forest. Mr. Commissioner Wetherell said there was, on that oc casion, no opportunity' of cro s s-examining the keepers. Mr. Gardner said it was matter of notoriety that Chad well-heath was included. Ile was then proceeding to refer Ito the report of a commission with regard to the royal forests in 1793 when Mr.Hulse objected to the reference, on the ground that the witnesses examined by the commission were not sworn. After a short conversation, the objection was overruled. Mr. Gardner observed, that the commissioners in 1793 said nothing but what was based on documentary evidence printed in an appendix. After stating that Hainault Forest was formerly part of the possessions of the Abbey of Barking, and came to the crown by the sup pression of religious houses in the reign of Henry the Eighth, the report set forth of what the forest consisted, and amongst the particulars was a detached parcel of land called Chadwell-heath, consisting of 40 acres. Upon this statement, and upon the evidence of the keepers of the forest, who went round with the commissioners the other day, the crown claimed to have Chadwell-heath included in the King's Woods. He did tot know what evidence there was to rebut this. In the report to which he had refereed, the heath was set out in minute detail. It was for Mr. Hulse, who represented the manor of Barking, to show that his father was the owner of Chadwell-heath. Mr. Commissioner Cooke mid it would be well to exa• mine the keepers, in order to ascertain the practice. John Liver examined by Mr. Gardner—Was head-keeper of Hainault Forest. Had been to for in or 46 years. Knew the King's Woods, which consisted of about 3,000 acres. Attended the commissioners the other day in their peram ' bulation, and the boundaries which he pointed out to them are what he had always understood to be the boundaries of the King's Woods. They were shown to him as such when he first came on the wood. There were two detached por tions of the King's Woods, and one of them was Chadwell heath. About 30 years ago he felled a good deal of oak timber on that heath by the order of tke Woods and Forests. Nearly all the timber was then felled by the crown, and it was afterwards sold by auction. Had always understood ' Chadwell-heath to be part of;the King'sWoob. his brother and his son were both present at the recent perambulation. Mr. Hulse declined to cross-examine the witness. Thomas Layer, brother of the last witness, said he had been keeper about 40 years. East Hainault was his walk. Chadwell-heath was partly in his walk, mid partly in his nephew's. Had always considered that part which was in his own walk to belong to; the King's Woods. Recollected his brother Jokn felling some wood on Chadwell-heath many years ago. Part of that heath was in East Hainault and part in West Hainault. His brother John was King's Woodward. William Laver, son of the first witness of the same name, said he had been keeper of West Hainault Walk nearly 20 years. He succeeded his uncle. A small portion of Chad well Heath was in his walk ; had always understood it to be a portion of the King's Woods. Recollected_ putting some mark on the timber 15 or 16 years ago for the crown. Mr. Druse, representing the parish of Chigwell, here said he had examined the draft award, and had ne objection to offer. Mr. Gardner mid he did not know what better evidence could be adduced than that which he had brought forward. The witnesses all said that Chadwell-heath had, as long as they could remember, been dealt with as a part of the King's Woods. Mr. Hulse observed that he had before him a map of a more ancient date than that of 1793; it was a survey made for the lord of the manor of Barking, in 1652-4 copyhold map accompanying the court roll.. Here was a copy of a grant (exhibiting a document) of the manor of Barking to Sir Christopher Hatton, &c. and from it were excepted " those chapel walks called East Hainault Walk and West Hainault Walk." Mr. Commissioner Cooke asked whether the objection did not apply to the title of the crown to tho King's Woods altogether ?' Mr. Hulse maintained that Chadwell-heath was within the outer boundaries of the forest, and the King's Woods within the inner. The term " King's Woods" was quite modern ; it was introduced in the report of 1793. Ho could prove that parties had paid money to the lord of the manor for the right to take away the soil of Chadwell-heath. The Commissioners then examined Mr. Hulse's survey of the manor of Barking, before referred to, made in the year 1652. Mr. Sage, solicitor of Sir Charles Hulse, was then asked by Mr. Commissioner Cooke to state what there was, in his on o , to show that Chadwell. heath was no part of the King's P Woods beyond the fact that it was situated at some distance from the bulk of the King's Woods? Mr. Sago said there was nothing except its remote dis tance. Mr. Commissioner Cooke—ls there anything in that map to show that the soil is not in the crown ? Kr. Sap—Nothing. Mr. Hulse said that if the reeve of Dagenham were there he could show that the lord exercised rights with respect to fishing. Mr. Sage, examined by Mr. Hulse—Had known the ma nor of Barking thirty years. The lord of the manor had many tenants within the bounds of the forest. Knew the copyholde of the manor very well. Some were within what was called the King's Woods, and some were without it. Had known timber to be felled by the lord of the manor without the gates of the forest, the lord receiving a third. Mr. Rube said that tended to show that some parts of the forest were disafforested. Mr. Gardner thought it proved nothing of the kind. Examination continued—Had felled any timber at Chadwell.heath. They had taken the soil, and had given permission to the copyholders to cut trees on Chadwell heath. Mr. Commissioner Cooke—Have you done that in any part of the King's Woods ? Witness—Yee. Mr. Hulse—Within the boundaries of the gates ? Witness—Yes. Mr. Commissioner Cooke—Have yen exercised any right over Chadwell.beath which you have not exercised over some part of the King's Woods? Witness—lt does not occur to me that I have. Mr. COMIIII/Igol4l. Cooke said this last answer shewed that the objection, if it were good for anything, applied to the whole of the King's WOOlh. Mr. Gardner submitted that it raised the issue which the act of parliament had pointed out a specific mode of tryin. The Commissioner bound to Chad well-heath TnE REMOVAL OP MR. RANSHAT.—WO announced on Tufeday that the Earl of Carlisle had determined upon removing Mr. Itainshay from the bench of the Lancashire County Court. The following letter, received on Wednes day morning by Mr. Hull, the attorney on behalf of the inquiry into Mr. Ramshey's conduct, confirms the fact : w Duchy of Lancaster. Vi Merle° Bridge, Nov. 26.—Sir,—I am directed to inform you that the Chancellor of the Duchy of Lancaster ham thought fit to remove Mr. Ramshay from the office of judge of the County Court of Lancashire, holden at Liverpool.—l am, sir, your obedient fervent, F. DAWIS Atacama. M r. Frederick 8. Hull, solicitor, Liverpool." LIVERPOOL COUNTT COVET JUDGESHIP. Mr. Joseph 1 eiluk, at Naseekattat. IMe Mos ht the Salford _ said they felt to treat , Hundred Court of nausi. was ~,slated Judge of the County Court of --math as part of the King's Woods. p, re a im s. Little Heath ma struck out, Mr. Gardner disclaiming it ahoy, removed. Mr. J. K. .of es Mahone Circuit, °U the par t of the crown. m in s u c c e e d Mr. Joseph pone* le J if m e C ourt o f The ft award, es amended, was then settled, whisk Record for the Hundred of concluded the enquiry with respect to boundaries. BIIOIIPTON HosrITAL.-s-Yesterier, The Commissioners expressed a wish to have IMO aefr a quarterlY deuce of the value of the widows' rights in the past at court of the govetnon of the Sespital foe Consumption and & t hi ng , i nt i ma ti ng th a t w hat th e y d es i re d was a y rare Diseases of the Chest, Brought's. was held in the board- average. was of the hospital ; Kr. Paw is the chair. The report William Laver examined—A certifies» was obtained by tothed that the annual nittlent Maser, at Chelsea , had the widows of their residing in the gaidit. sad at' skied the funds of the innandes le the amount of th e i r no t b e i ng i n th e receipt of y a dd i m ut NM 10s. Bd., which sum Minim a denation of 1231. The On p resent i ng t h e cer tifi e d e t h e y mom' Aber weed eoaoert upon Lord Ranelagingswands, at Fulham, entailed or money from the steward. That Mils= ink he knew, a direct loss of 771., but it ereated such an interest in the for twenty years. The most wood he Mil Mt given wee welfare of the institution ameag the charitable of that five loads in the year ; sometime and awn ass, sometimes neighbourhood, that they eeamibuted 1101. to its funds. none. He had generally peal shoat 11. be money. The mows. Cooper and Wakefield, the builders, have contracted whole amount in money was aim& ton or twelve to build a new wing end kitchen fie the hospital at the cost pounds. He had known this 1&t so heavy as it was of 5,5001. The proper heat* sd era Ina, it is hoped, this last year. As yet the widows had not received Lays will be now secured, the committee Whig directed their thing at all this year • all payment had been stopped by architect to take steps for that purpose. The want of • the steward of the Earl of Ifornington. The lowest num ' eanitorium has been long felt, and therefore a sub-committee bee of widows he had paid was 18. There was • fresh has been appointed to select a site on the south coast suit- cer tificate promoted y ew . H e h a d no account s h ow . able for tee location of such en institution. Since the last ing how much money he bad paid, or how much weed he court (in May) 2,0001. have been bequeathed to the institu- ha.l set out for the last twenty year He had always tion by the Lite Edward Briggs. Esq., of Hayes-place. acted under the orders of the steward, who, no doubt, bad Since the same ponied 257 patients have been admitted; of an ac co u nt. whom 35 died, 202 were discharged. and 90 remain in the John Staines, reeve of Stapleford, was now examined. house. The new out-patients have been 1,402. He said he had held his office of reeve nine years, having EDUCATION OF PAUPER CHILDREN.—At • late received his appointment from the parish vestry. It was meeting of the Board of Guardians of the Holborn Union, his duty to mark the cattle. All the inhabitants of Staple it was intimated that Mr. Hall, the Poor-law inspector, ha d ford had turned cattle on the forest as long as he could »- objected in his report to the practice of employing boys in member. The common was enclosed between 20 and 30 the workhouse in sorting bristles, and recommended their years ego ; all the parish turned on in respect of their hold- I being taught tailoring, or some other trade whereby . they &figs, 21. for a cow and 41. for a horse. There were four might obtain • liveli hood. Mr. Sandland concurred in the markings in the year, and the number averaged about 40. opinion expressed by the Poor-law inspector: the mum- Not near half the parish lay within the forest two alluded to afforded no instruction likely to be of use at Could not say what proportion of Stapleford wam b :=. • future time ; and while it conferred no benefit on the He had lived in the parish 37 years. children, it was opposed to the interests of the ratspayen, The Commissioners then adjourned. I for if the children received a better education, they were There wee another sitting on Tuesday, at the same place, less likely to continue a harden upon the pariah : Mr. for the purpose of hearing the ease for the crowa. Humphries, the chairman, eeneidered the occupation al- Mr. W. M. James, Q.C, addressed the commissioners laded to worm than useless. Mr. Horne attributed the with regard to the rights of the crown. He said the crown at present permed to a false notion of economy : if claimed under the act in respect of its rights in the wood re te bTtys ware instructed is any trade, there were plenty itself, and also in respect of its rights in the other parts of Mummers who would be glad to take them. Mr. Cottle the forest. For the purpose of this investigation it must be objected to the tailoring being taught, as the present sweat- murdered the owner of the soil of the King's Wood ; in ing system prevented many of that trade getting • living at which capacity it had a clear right to the whole of the it. After emisierable discussion, the board expressed en wood and uuderwood ; and its title was paramount to all minims's opinion that the practice alluded to should be common rights. The common right of pasture in the wood dieesatisaa& was only a right to so much pasture as re- Dffifficgtow or THE CITY OF Pn'TABMIOII. mined after the deer had beta provided for, end one maw atm midi, the sailing of which we an- the crown bad a right to stock the wood with deer to the' llyeesmig, bat bash emapelled to remain in port fullest possible extent. This claim went apparently to the gar two diem, in assrabusest of having boss everiaden. exclusion of the rights of all the commoners, but practically Gym spatulas ink. as the amens at bar latambat a a . there must always be some commonable pasture available, perms yeassday, It met head that s he bad ememernhi, though the right to it was subject to the paramount rights me amp ea baud than bar taaaase maddiseupy are of the crown. The usage of the last few years must not he weer immsdistaly eat to Ina to talkaa the - height by suffered to prejudice the rights of the crown, for, though Iwarty live het samearemese. file is availed as lea •• the deer had almost ceased to exist, the crown bad not morrow. gams up its rights to hare any number. In feet, the mown all the rights which had descended to it from possessedrn n times, oppressive as they might appear and though it was willing to surrender them on receiving an equivalent. It was entitled to compensation fur the surrender of its forestal rights, not merely in respect of the King's Wood, but in respect of the whole of the forest. The forest included, in round numbers 13,000 acres. Of these, 2,800 comprised the King's W oo d ; 1,200 consisted of open and unenclosed lands, and the remainder was more or less enclosed. In respect of the entire forest the Queen's forestal rights were as extensive u they were in respect of the King's Wood. Within the forest bounds the deer might go into tiny field to be fed, and legally, every hedge must be so fenced as to allow them access to the land and the crops grown upon it. No person hail a right to cut down wood, or to convert pasture land into arable, to the prejudice of the forestal rights of the crown. In support of this view he would cite passages from " Manwood's Forestal Laws," which was the great authority on the sub ject. The learned counsel then quoted a number of pas sages. In these it was laid down that the occupiers of : forestal lands must so manage their herbage as to preserve the wood and underwood for the use of the wild beasts of the crown ; that it was an offence to remove heath, tern, or broom, so as to deprive the animals of food ; that to de stroy the coverts or the woods, or to convert pasture into arable, was to destroy the forest ; that enclosures must be made with low hedges, which would not disturb the game ; and that an oak which bore 1 1 acorns, fwal for deer, could not be felled without the royal permission. The learned counsel also cited the opinion of Sir Vicary Gibbs and Sir Thomas Plummer, delivered in 1810, to the same e tfect ; these authorities declaring that the right of commoner's pasture was subservient to the sovereign's right of feeding ulcer, and that the sovereign might remove the commoner's cattle if they interfered with that object. This was his (Mr. James's) case for the crown, and he maintained that the crown was entitled to substau tial compensation for yielding its rights. Those rights rould not,audeed, be exactly measured; hut he thought the crown would be dealing liberally with the commoners, if in respect of the wood and the underwood in the King's Wood it was contented with one•half of the whole acreage ' giving the lord half the surface, and leav ing the other half for the coininoners. Ile asked the com missioners, in short, to allot to the crown three-fourths of the King's Wood, leaving the other fourth to become the freehold property of the commoners, on account of the limited rights they now enjoyed. NO acres would thus be allotted to tie commoners in fee-simple, to deal with as they pleased ; and he considered this offer very hand some on the part of the crown. 13y the act it was provided that all the expenses should be paid out of the portion which was not allotted to her Majesty. The wood remaining would, as lie should show, provide abundance of fuel in respect of the assignments, and he proposed that the wood on the fourth should be given as compensa tion fur the loss of the estover. To provide for the widows' claims what he would suggest was, that before making their general allotment the commissioners should take from the whole property the money value of those rights for the benefit of the widows. Some discussion then took place with regard to a claim of 381. a year sent iu on behalf of Lady Mildmay, and alleged to be founded on a money payment of that amount. The matter was postponed for inquiry as to the facts. In reply to a question from the commissioners, Mr. James said he considered that the crown would still have the same rights over the fourth as would be possessed by any other landowner. The commissioners having asked if there were any one present who was prepared to act on behalf of the com moners, Mr. Ilalldare asked for an adjournment, that the com moner' (over a meeting of whom he had presided) might have an opportunity of consulting together, now that they had heard what were the claims of the crown. Mr. Moriwn complained that by the claims of the crown the rights of the assignment holders were virtually ex tinguished. the commissioners had no objection to adjourn, on the understanding that no further adjournment should be asked for. An adjournment then took place until the 22nd of December. I RELAND. DeaLts, Nov. 27. The Balling banquet to the brigade members for Mayo came off, with all the anticipated eclat, on Tuesday evening, although the remoteness of the locality thus rendered illustrious prevented any ac count of the proceedings from reaching the public through the medium of the press before this morning. The Freeman gives us an" instalment" of the report in ten long columns; but as the paper only appears a few minutes before I am obliged to close my despatch, I can do no mote than glance over its contents. The chair was taken by the Very Rev. ])r. Costello, P.P., and the speakers were Mr. Moore, M.P., Mr.Ousley Higgins, M.P., Archbishop IkP Hale, Bishop Feeney, Mr. O'Flaherty, M.P., and Mr. Keogh, M.P. Dr. M'llale dwelt at much length on a description of the desolation which the last few years have effected in the districts of the west. The Galway Vindicator has the following state ment : On the 17th of September Mr. John Robertson, agent to the mortgagees of the Martin estates, accompanied by silty bailiffs, proceeded to the townland of Kerryrusb, and evicted seven families, comprising 42 individuals. The houses were levelled on the instant without the slightest opposition being offered by the evicted. On Nov. II the same party went upon the lands of Dooletter, and evicted two families, consisting of 10 persons. Nov. 16, on the townlands of Mace and Dooreher, they evicted 17 families, comprising 100 persons, and levelled the houses. On the 21st, on the townland of Atry, they evicted 17 families, comprising 6.5 persons, and unroofed the houses; and on the 22nd the same party went on the townlands of Cashel, Rossroe, and Glynsk, and evicted 16 families, comprising 87 human beings, and levelled their houses. This makes a total of 303 persons evicted and 49 houses levelled. The Cork Erni/liner has the annexed statement with reference to drafts sent from America: — "We have a letter before us dated, Liverpool, Nov. 24, in which the writer states to his correspondent, a respectable eitizen of Cork;—' I cannot adequately describe to you my feelings when I was told this day, at Harnden's, that I most send back your drafts to Boston, as be had no funds to meet it.' The writer, after some comments upon the .facts, goes on to say I understand that upwards of 9,0001. in drafts, from 11. to 51. are now in circulation, and not ono shilling paying of them. My banker holds 1301., from Ire land, of those drafts, and cannot get a penny. The fol lowing circular has been recently issued by Messrs. Hamden and Co.:-18th November, 1851.—A satisfactory letter has been received by the Niagara, from Boston, to-day, and we hope that alter the neat mail our business will go on as formerly." The Limerick Chronicle says " The Treasury, on Saturday last, consented to advance 4,0001., being the repayments of the reproductive fund in this district, towards the establishment of a model agri cultural school in Limerick. A sum of 450/., the surplus fund of the Cattle Show held at Limerick in 1846, will also be applied to this most desirable purpose." Mr. Torrens M'Cullagh, M.P. for Dundalk, has been invited as a guest to the Limerick banquet to the Earl of Arundel. Summonses in the usual form were some days since served upon his Excellency the Earl of Clarendon, upon his Excellency's late private secre tary, upon Sir T. Bedington, and upon other gentle men connected with the Irish government, to appear as witnesses in the case of " Birch against Sir W. Somerville," which is fixed to be tried at Queen's Bench Nisi Prius on an early day next month. TUE KOSSUTH FUND.—A ball on an extensive scale is getting up at Southampton, under the patronage of the Mayor, in aid of the Komuth fund. - - Loss OF THE UNICORN EMIGRANT SIIIP.—The Liverpool Courser contains the following extract from the journal of the master of the Boston packet-ship Daniel Webster: " Sunday, Nov. 9, lon. 42, lat. 55, brisk breeze from the northward, discovered a wreck on our lee bow. Immediately bore up for her, and found her to be the British ship Unicorn, Captain Gray, from Liverpool, Oc tober 16, for St. John, New Brunswick, with shout 300 passengers, • part of whom were on board the brig Harriet, of Portland, from Bordeaux for New York, then lying to near the wreck. As one as we could bring our ship in working order, laid by and took off all the passengers, and as many from the brig as chose to come. The ship was dismasted on the morning of the 7th, since which the P have suffered much from exposure. All day yesterday ilrs they were without nourishment, and the decks were so encumbered by falling spars and rigging, it was difficult for them to move about in safety. When we reached the ship the passeagers were being thrown into the boats alongside in the most inhuman manner, some falling into the water and some on the rail of the boat, all more or less bruised. Theyare all in the meet destitute state, having saved nothing but the rage they stood in. The captain and crew were offered a passage back to Liverpool, bat they preferred going to New York in the brig. Left the ship about four p.m., with nothing but the foremast tottering over the aide. She seemed to be rapidly settling in the water. As soon as we got under way, we made every ar rangement to make the passengers comfortable, by cutting up sails, giving them bedding, Mc., from the cabin, and pro viding them with water and food. We find that we have 175 more to take care of than we made calculations for when we left, consequently have put all hands, fore and aft, on an allowance of water. After writing the above, had light breezes till the 16th, when we experienced a heavy gale from the southward, which carried away our maintop ' sail, since which we have had moderate southerly winds. Only one passenger has died through the injuries received by being thrown into the boat; but several have their limbs broken, and are under our surgeon's charge. Most of the passengers were put on board by their Irish land lords, and are in a most wretched state of poverty. We hope they may be provided for at the earliest opportunity, and would thank you to call the attention of the public to their destitute cesclition." law iintelligence. JUDICIAL COMMITTEE OF THE PRIVY COUNCIL. 7 •YESTERDA Y. CRAY W . 1!IlITI, if.CCV, Rl■ if eIiIIAT li/1/1111 FIVT,AND SIR EDNARD Kr.,. WILKINSON O. WILSON-THE BONAPARTS-430rfOlIST -JUDOMENT. The facts of this case I;;;;.cleiaiied in the Express of yesterday. The question raised was the validity of a bat tomry bond. It was contended that the bond was invalid upon the ground that the master had not corresponded with the real owners of the cargo, the calibignees, who were traders at Hull; and it was submitted that these gentlemen should have been written to or comruuoicated witb, as there was ample time and opportunity for their directions and in structions to have been obtained upon the subject of the bond. Sir J. /Knight Bruce said that this case came before the council upon the validity of a bottoinry bond, but only in so far as the cargo was concerned. The appellants contended that the bond was invalid: they alleged that it was not warranted by the maritime law. The respondents, on the other hand, claimed the full value of the bond as against the owners of the cargo, so long us the demand could not be satisfied by the ship and freight. The demand could not in this case be satisfied by the ship and freight. The vessel put into port on the 311th of November, and the repain weru commenced on the 17th of January. The master bad not, it appeared, communicated with the owners of the most valuable part of the cargo, consisting of iron, which was consigned to the appellants , who were traders at Hull. The distance between Sweden and Eng land did not appear, but the master had not, nor had he even attempted, to communicate with the owners of the cargo. The material question for the consideration of their lot dships was whether it was not the duty of the master, bahre apothccating the charter, either to have colic:ani cated, or attempted to communicate, with the owners of the cargo. Where it was practicable it was the universal rule of the master to communicate with the owners of tho cargo. Upon the material facts of this case it did nut seem that the master had performed his duty under the circum stances in which he was placed. The learned Judge ot the Admiralty Court had said "The question of law is, does the law require that the master should, under such circum stances, make communication to the owner of the cargo in England, if indeed he knew who was the owner. There is no evidence to show, from the bill of lading or other circumstanci s, that the toaster was aware in whom the property of the iron was. I know of no authority which renders it imperatively neces sary that such a communication should be made; and I do not perceive that the circumstances of this case pirtieularly required it. So far as the authorities go in the ease ol the Uratitudine," Lord Stowell said, and said truly, it was exceedingly desirable that application should be made to ' the consignee of the cargo when practicable; but in no case whatever, to my knowledge, has it ever been laid down by this court that there was au absolute necessity of making such communication. It may be expedient to do so for various reasons; amongst others, to take away all suspicion of fraudulent intention of those ;concerned in the hot , tomry bond. He should state that their lordships agreed with the whole of the decision of the judge of the Admi ralty Court, with the exception of the point to which he had thrilled attention. Their lordships were of opinion, upon the material facts of this ease, that it was the duty of the master either to communicate, or utt,mpt to communicate, with the owner of the cargo. The evidence did not show that he had done so. As suming, therefore, that the whole ease was before the Court of Admiralty, their lordships were of opinion upon this point the judgment of the court below could nut stand. The esidence upon the pleadings had not been so distinct as their lordships could have desired. The question of ciente un ication, or the absence of communication, or whether there had been an attempt at communication, had not been so distinctly set out in the pleadings as their lordships could have wished; and he was therefore desired to say that if it were the wish of either the appellant or the respondent, their lordships would remit the case to the Court of Admi ralty, in order that additional evidence might be obtained upon the point to which he had adverted. It was finally arranged, upon the application of Dr. Juicier, who appeared for the respondents, that tho case should be remitted to the Admiralty Court, and that fresh affidavits should be prepared upon the point suggested by the court. Judgment accordingly. COURT OF COMMON PLEAS.-YESTERDAY. SIITIMII AT Nut Paws is MIDDLISEL SZI.JUI CHIEF JVBfICK ♦no ♦ COMMON SCRUEDER V. CARDEN AND ANOTIIER.-ACTION AGAINST THE SHEILISTS UP MIDDLESEX. The plaintiff in this case, a German, is a drake in ivorT carvings and other works of art, and the defendants are Sir Robert W. Carden and Sir George E. lloilgkhison, who were sued as sheriffs of Middlesex. The plaintiff deposited with a Mr. Brooks, of Regent street, certain articles of carved ivory, which were subse quently seized by Mr. Slowman by virtue of a writ of lieri facials against Mr. Brooks. The property was afterwards returned to the plaintiff, who found that u group of (tags carved in ivory, and forming the lid of a cup, was broken, and it was fur the damage done to this lid that the present action was brought. Several witnesses were called fur the plaintiff, who esti mated the value of the article before it was broken at from 15t. or 201. to 301., and were of opinion that its present value was scarcely anything. Mr. Bramwell, on the part of the defendants, objected that no evidence had been given to show that the defend ants or their officer had taken the goods and committed the trespass, upon which the action was founded. Mr. Serjt. Wilkins submitted that the defendants having paid a sum of money into court, had admitted the trespass. The Chief Justice, however, thought differently, and nonsuited the plaintiff. Mtttnii. v. 1)E/cit.—T/1Z NEW LAW OF EVIDENCE. This was an action to recover the amount of an account due upon transactions between the parties in the way of their trade, that of lending horses and carriages for hire. The case Came on for trial before Mr. Justice Cresawell, on the Saturday before last; but the jury being unable to agree were discharged, after having been leaked up for nine hours without giving a verdict, and the matter there fore was now again brought forward. The real question between the:parties was as to the payment of u sum of 111. 25., and upon this matter the evidence was very con tradictory. The plaintiff swore positively that he never received the money ; that the fact was, that he had given memoranda for several small sums, and that subsequently he gave a re ceipt for the whole amount, 111. 25., and that the memo randa for the small sums were not returned. The wanes produced his book to support his statement. The jury, at the end of the plaintiff's MSC, left the court for a few minutes. The Chief Justice then said that if the evidence of the defendant's wife was tendered to-day, as had been the case on the former occasion, he should reject it. Mr. Warren mentioned that the Cuurt of Exchequer had decided that the evidence of a wife was admissible under the ■ew law. The Chief Justice said he would see the Chief Baron upon the subject, and having done so, he returned into court, and said that Mr. Warren was not so accurate = usual, for the Court of Exchequer held that such evidence was inadmissible. Mr. Collier said that the wife had been examined upon the former trial, anu the fact was, that the truth of tbs case eould not be got at if she were not esamiued. The Chief Justice might have said that a wife ought b be examined if he had been in another place, where he had attended too many years for his health and comfort (the House of Commons), but here he must say otherwise. The wife was frequently the most important person to be exa mined—for instance, to prove an alibi upon a charge fur an offence committed in the middle of the night. Mr. Serjeant Byles said that he would not object to she wife being examined. The Chief Justice—The difficulty was that the ruling in this case must govern all others during the present sitting. If a wife was not a competent witness, it would be very unfair for counsel to make observations in any case where the wife was not called, and followiug this case say that no objection would be made to her being examined ; fur in many cases a man would rather sacrifice the amount in dis pute than pat his wife into the witness-box. Mr. Serjeant Byles —lf his lordship expressed any opinion as to the course he ought to adopt, he would follow it. The Chief Justice said he should express no opinion. He had consulted with his learned brothers, and they had considered the matter as well as they could without its being argued. They thought that the act was intended to ex clude the evidence of a wife ; and he believed that the ma jority of the judges were of the same opinion. The learned serjeant must consider the interest of hie client, of course, as the paramount one ; but there was also the interest of the public, which the bar was distinguished for con sidering. Mr. Serjeant Bytes would be glad to adopt the course which was mast convenient. The Chief Justice—Don t suppose that I am courting you to take any particular course ; take your own course. Mr. Serjeant Byles—l will take my own coarse in the present case. I withdraw all objection. Mr. Collier then addressed the jury for the defence, and proceeded to call evidence in support of his case. Mrs. Sophia Dear, the defendant's wife, was the first wit ness called, and she stated positively that un the 9th April she paid the plaintiff the 111. 2s. in question, and she pro duced a book in which she had entered the amount. Seve ral other witnesses were also called upon the same side. The jury retired to consider the matter shortly after four o'clock, but tip to a late hour last night they had not re turned a verdict, and it was understood that there was no likelihood of their arriving at a unanimous opinion. COURT OF EXCHEQUER.-YESTERDAY. aIITINNI an Nis Pate. —Enrols 111111 LOAD C 1111; TrAIOTA..`ID 0031110 A lose. 8120DWICKE P. MATILIWKAN.—Tuovra. This was an action of trover to recover some wearing apparel, jewellery, and other articles, valued at SOL he plaintiff was a publican at Brighton, and the de f cadent a porter in the Customs. The property in respect of which the action was brought had formerly belonged to the plaintiff's wife, who died on the 27th of April, 1850. The claim made by the plaintiff was resisted on the ground that the property in question had been given by Mr. Strud wicke to the defendant's wife, who was sister to the late Mrs. Strudwicke. The reason alleged for this gift was that the defendant's wife had attended upon the plaintiff's wife during her confinement, in which she hail died, and the wear ing apparel, ffe., had been given to her as an acknowledi ment for her kindness in so doing. According tothe plaintiff's own statement it appeared that upon the death of his wife he had her wearing apparel and some furniture packed up and sent to the defendant's in London for the sake of safe custody, and he merely gave Mrs. Idathevrman two