The Express. — London, England, 1848-11-06 00:00:00

inaurgents). The 13,000 imperial troops totally' defeated the 20,000 Hungarians. Winaisehgrats turned again against the city. The fight is renewed. After the breach of loyalty (on the put of the town council) every prospect of mediation has vanished. The combat continues. (Der Lined dowel feet)" So far," (continue the above journal) " goes our authentic intelligence." We communicate, moreover, the en tente of a letter from Breslau, ender date; Nov. 1 (evening), but we cannot guarantee its correct nee : We aro still without any intelligence from Vienna. The respior e s of the Wilhelm Railway, however, state that a teiegraphic lespatch had been sent from that city, announcing that Windischgratz, on the 31st Oct., was in possession of Stephen's-square. It is quite possible that this intelligeuce was brought to Utibon by a courier. The foregoing is all the intelligence of any real im portance which has reached Berlin tip to the present time (7 p.m.) I might add a variety of interesting details respecting the proceedings prior to the 30th, but the tact is, that in Ber!ia itself events of mot moment are succeeding one another so rapidly, and matters in general are not only looking, but becoming, so serious, that I must reserve my remaining time and space to give an ac count of them. I have already, in • former communication, described the intense sympathy manifested by the people of Berlin he. the cause of the Viennese ' and I have not left unmentioned the partial distur bances which occurred on the night of the 31st ult. The result also of the discussion of the Assembly on the motions respecting the insurrection in Vienna was also forwarded to you. I have now to add that early this morning the Mini-ter of the Interior issued a proclamation, stating that in conse quence of the disturbances on the night of the 31st, he has notified to the authorities that they are to call out the military immediately, whenever the civic guard do Lot rule' their duty speedily and etfe,tive!y. This proclemation—now an uncoil. sandal:ail 000 both in form and spirit—gave great offence to the civic guards and to the constituent assembly. The commander of the civic guard issued shortly afterwards another proclamation condemning Herr Eichmann's, and urging the civic guard to r. mein firm and united. In this morniug's sitting of the National Assembly the resignation of General Yon Pfuel, president of the council. was officially announced, as well as the nomi nation of the Count Von Brandenburg (an aged and morganatic reletive of the King) to the vacant poet. Considerable excitement prevailed, and some of the members &clan d that the country was in danger. The house then adjourned till three in the afternoon. At the latter sitting the Assembly appointed a de putatiot to proceed without delay to Potsdam with the following important address to the King : In consequence of the information that the Count of Brandenburg has been commissioned to form a new ministry, the listed , .1 Assembly, la its sitting of this day, has resolved to send a deputation to your Majesty, in order to inform yea that tt is step on the part at your Majesty has occasioned the cg te . st n a .p. ox . o k t . y h t i n i x sa ortunes apes lt e hat it threatr uin t g o several weeks past ominous reports Trimming the vie WI of the reactionary party have alarmed your Itelesety's faithful peo pl e . The nomination of the now retiring ertnistry bad not tended to weaken the effort of that report. A government under the auspices of the Count of Brandenbor:, without any pro.pret of obtaining a majority in the Nide:sal Assembly, or of gaining the eon. Memos of the ctenedry,will undoub.edly bring the excitement to a head, sod produce melancholy results for your Majesty's capital sod ementry—results which will remind one of the fats of a a. ighlumeing state. Your Majesty was not well informed by year Wan councillors respecting the situation of the country if they concealed from you this Ilanger for throne and country. Upon that ground we supplicate your Majesty la a Wane , ea respectful es urgent, and your Ma. joety's heart Ism always beaten tor the welfare of your pm plr, to afford the country by dm appointment of a popular ministry, a fresh guarantee that your Msjesty's views are in teaks will the wishes of the people . ' (Signed) The Committi • for the prenatal's/ of the Address. The home then resolved to await during two hours the return of the deputation from Potsdam. The ro salt of the interview lass not yet transpired. An hos tense crowd is stationed all about the parliament home. All the civic guards are ander arms. It ia,of course, unnecessary to add that the resigns tire of Von Prod has broken up the cabinet alto gether. P.S.—Windischgrat: has officially announced the defeat of the Hungarians. (In his own words they have been by hint xiitiickgeworfen, a phrase not quite implying defeat.) Up to noon on the 31st the Viennese still held out. The bombardment con tinued. SPAIN.-06 the Nth *IL the railway from Bar celona to Mateyo V stragerdsi maids the enthusiasm of the people. It is the bet milmay yet establ.ahed in Spain. The reps , iiesa Wien. umlaut the emomesil of the esbeallas Cras mad Rememeowe &peso& WEST INDIES. By the arrival of the West India intereolonial mail steamer Eagle, which reached at Southampton on Saturday, aid which has come home for repairs, we have intelligence front some part of the West Indies of a later date than that brought by the Trent. In cone gitence of the negro revolt at St. Croix, the King of Denmark had ordered M. Hansen, late Go- Tenor of the East Indio Danish settlements, to pro ceed to the Danish West Indies, to re-organise the government of the island. He was to ratify the emancipation of the slaves, and to make sugges'ious for simplifying the adminie testiest of the govern:dent of the Danish posesseione,and for reducing the number of officials and their salaries, so far u circumstances would permit; in tact for *general re-organisation of the colonial government. He was also to investigate, in conjunction with the judicial fenetinsary who was to accompany him, the conduct of the late Governor-General and his subordinates, with referent* to the insurrection. A brig of war, with a military force of 400 men, was to accom pany him to enforce his authority. All reports and suggestions appertainieg to every branch of the service belonging to the colonial administration, were to be sent in future to the Minister of Commerce, in stead of to the respective boards, and the Millie'r was not to dec•de on anything without previous arrangements with the ministry. get glint. WINDSOR. SUNDAT.—TL. Queen and the Royal Family and household attended divine envies this morning in the private ehap•l of the Castle. The prayers were mod by the H. a. and Rev. C. L. Courtenav, domestic chaplain to the Queen ; thr sermon being ;reached by the Rev. Dr. Philpott. The Earl of Auckland left the Castle yesterday awning. Yesterday evening the Royal dinner party at the Castle inctuded the Duchess of Kent, the Priories of Robes lake Lang. nb,urg and the Princess Slim, the Prince's Allitlie of Ilonenlohe Schillingstunt, Bomar de Speth, Si► J. Clark, R-v. Dr. Philpott, and Capt. F. Seymour. Despatches were received on Saturday at the Coin niel-efllce, iron the Governor of Gibnltar. The Queen of the Belgians left Claremont on &tor flay, and proceeded by the Booth Western Railway to Dover, where her Majesty was received by the Duke of Wellington. The Clu, ea embarked immediately on hoard the Garland for %tend._ The Queen has appointed Mr. H. Halford Vaughan, MA., of the Inner Temple. to be the Regius Professor of Modern libtog in the University of Oderd.-014eressr. A GRAND DINNER AT WINDSOR CASTLE is to be ``lnca oo WedsndaY, hi celebration of the Prince of Wales' oirtlidar. Her Msjeety is expected to Wee Windsor on Saturday or Monday next for Osborne. THE INJUNCTION OBTAINED IT PRINCE ALBERT on behalf of himself and her Majesty agaiad a b3okseller for an intendid pnblitaton of drawings and engravings made by the Queen and his Royal Highness will, we newsstand, be unopp—od, and the application to the cost will thereon be effectuil fur the purpose for which it was made. The matter, however, w ill not be allowed to rest ia its preasat state. For some tine pest various mardelos rumours n eglecting the royal Wens have has whispered alma; and It is believed that they halt had their origin fern• *a sae souse firm whims t►e Shred drawing. sem to ono. As the subject will Sae* he brought b•fata Bb pubis in a eriaiaal eoart, It Y umassiessey at most So de man than notice the circumstance:4—.4Am Tan Loan Ctiescatim Asa 111 Mai.—On tlahurelal a againeas rafts dab =MUM et the equity by wee held at the Old WA, Linesia'obta-fielde, Ike the =Pof taltiort late imaidsmillsa dr prooriety of psetion t: Lord Chanerdhie ~...6,,,,,we of W warts et Lincoln's-las MON yeament. Weis her o'clock •h e c h o i r was ta by m Mr. IL There win it the time emu kitty iimattorm. imiiiimi e tbs tleilsilir- Chitral peen& TM absimak ba fah! that although be via reasally i tttor r ill =_ he thouht it veal sot he as sal at wayess te the Lana Chareaor to lacades soy Tapia OOW arsellag to be fore the pahl,e. tie diadem bird OM NW rww present .ere atvadin as ispansea abet *ay tosold with. draw. The Mau tobberbg. Mr. Malaga, at tie Halms zrivrx....., d Maylaurs Omega Saturday .fauladtbspostriasminaebaamtleambribatb• might antrudismetb i lel thelorsosposlbilberteresta al* ',ratios of the sittings of the cart, and at the same time impressed a hope that his Honour was favourable to the wishes of the bar is desiring that the sittings slight be held as hog as possible at Litiadn's.iss for the convenience of *Oman bar. Tits VieteXhascallor said he was decidedly of *ohm that the new regalatios far holding the sittings at Westminster daring the souks at perilemeat was the mast waster/ that ciuld he came to. He thought. moreover, that the juniors did not do themselves judo.. "This ex. preseks et hie Honour's (says a sorreepoodeat) wu mo oned to swan that the junior buristers did not rim ear ly essegh to get through their business." CALLS TO TIES BAs, MIDDLE TEMPLE.—Thu Kishoslau tars calls to the bar ware made ow Saturday (Nov. 4th), and included W. H. G. Bag haws, J. Duane, and A. Levy. HOOSE OP COMMONS.-BITTINGS AND DIVISIONS DOMINO Via Suwon, 1947 9.—Tne following is an abstract of returns moved lee by Kr. Brothertan. and ordered to Imprinted on the last day or the Besioa, but only delivered lest wool orrruota Oi TIM UOMII, IMMO} 1647-1. • -- -- --- --- ----- -- - -- Number M Ileum Number at liaNies Damon mui . g. Um " a after an Um Vow emit Watt. 11140914. IX Mb Nee*. 1347. Nmember .. 10 ta 11 91 159 14 303 MM. Pantry . 23 19 1471 1 2 01 1,733 193 13 1,662 9 r i —" 14 170 17 21 116 $27 lobe 1364 1,445 II 19 1,148 July 24 2011 1,363 August wombat 3 2 14 ... 123 170 1,4071 1361 10,412 _.. The 1 spot @Mai at IM lime vat ea tie 13th of August, fifteen lours wit • Ulf ; the Annul as Use. 11, • quarter of no boor. Mono bouts at *dog for the 170 days, • boom 1111 Wastes Itertbse if Wider an Public News bears Niftiest l9O Dine ditto after Midnight 42 DDine Private eille before Midnight 22 ips ditto atter tilidnight 1 2' THE GOVERNMENT AND THE TURNPIKE TRUSTS.- It I. mated that the government intend to deal with the ge natal question of turnpike trusts in the next maim of perils. meet, and are endeavourisg to ob , ain information to enable them to do so with effect. A circular has lust been ad dressed be the elate of the different triuts, calling for various returns connected with the w o rking of their load acts, and the management of highways in general. A particular ac went I. required of the out of collecting the tolls and main taining the stiff necerery toe a turnpike bused, which are enormous compared with be amount actually laid oat in the repair and support of the reed. In Essen, the trustees have come to the re'olutiea of applt ion the funds in hand to the paying off the debts of the b aid and abolishing the trust, by the striking out their set from the Annual Turnpike Continua, ce Edi, leaving the roads to be repaired by the parieheh TDB QUARANTINE REGULATIONS IN TIIE PENIN- stica.—The Times stated last week that the quarantine re gulation. in the peninsula would be likely to delay the re turn of the mail packets to this country. We are auth o rised to stare that there is not the slightest apprehension that such will be the ease. The mails, after they have been fumigated, will be delivered to the proper authoritkm, through the health officers. Pemengin and merchandise will be transhipped into the quarantine and lanatetto vessels, end the packets will primed frees putt to lc rt as sand. The in convenience, and it will be very great, will be solely confined to outward pamengera end the consignees of merehanlise. ClinuaA.—The Board of Health report, on Satur day, six new case •of cholera, and three deaths. Two of the fatal cases occurred in Kent street, one of the dirtier' parts of the Smash, and the third at the Hulks, Woolwich. At Edisburgh and Leith, 17 new came have occurred, seven of them being fetal. A SOPPLEJUNT TO Tillt " LONDON GAZETTE " appeared on Saturday, containing the directions and raga. lations of the board of Health (published in this paper on Wednesday sad giving a schedule of the names of onions and parishes to which the directions apply. Special claims authorise the pone law guardians of Slandfonl, Dud ley, Gate. heed, Hall, Newcastle•on-Tyne, Sunderland, Wolverhampton, and York, to provide 4 .10411111, or places of scrimp," to which neceseituue perm as attacked by cholera, and who cannot be properly treated at their own bonzes, may • removed. - ABUSES IN CHARITABLE MOCIETIBIL—Sir.—Your partial exposure and promised development of the principles of management of oar leaning charitable societies is a move in advance for the Mlle of charity, which will ensure to you the gratitude both of the recipients sad of the contributors. 1 have for many yeses subscribed to some of the chief insti tution in London—to the St. Anne's Society among the number, in which latter many of my family have also token an. interest. lam sot surprised, airflow', at the meant which you have OM of its expenses, sad its inaccuracies. The merman receives 3001 per anima out of the 7271. 10s., foe saltrim and gratuities, for his very superficial services— that they are superficial you can readily inter. He is a pm tieing ; he is secret ry to a file insurance society—a poet of itself, one would„thiik, requiring the whole of his minion for its proper guidance ; he is, moreover, secretary to the City of London Trade Protection &misty ; and besides them occupation. he is ea the committee of at least three or roar other benevolent societies. Now, I ask, is it righteous —is it proper—that 3001. per animus should be paid to this gentleman by a charity for the saainteardice of from 200 to 300 orphan children t Tne recurrence of the tome names in the management of the several societies to which the secre tary belongs, is • fact not to be overlooked. The inquiry which you have originated cannot fail to enlarge and ad vase.. the Jeweils of true charity.—Pl Ito Jcariri.t, Brix toe. Nov, 3, 1848. Flag.—On Saturday night the premiere of Mr. C. Weston, groper, of Blenheim-terrace, Marlborough square, Chelsea, together with the stook in trade, tarniture. were destroyed by fire, the inmates, who had retired be bed, having escaped with Dome *difileulty.—On the same 'debt a fire broke out on the premises of Mr. Hitchias, tailor, 148, Regent - street , by which they were mach injured, and a rartideratil• portion of the stock in trade, de., destroyed. lieth parties were insured. ISQI.I3IiTs, MATUBDAT.—ALLEORD NEGLECT OT A lisuovnto °Pmts.—By Mr. Baker, at the Captain Man- Hign-streed, Poplar, respecting the death of David Rosa, aged 66, a broker's man, who was alleged to have died hem want, arising fn et the neglect of the relieving officer of the Peplos Union. The widow of the deceased stated that Ike some menthe they had received parochial relief to the Moat dim, loaves, two pounds of meat, and a pound of mud weekly, which wet continued until the last month, when they were both too ill to attend and get the relief, sal it was their inspreesion that unless they went themselves Veep weld not obtain it, in consequence of hiving shortly bilks mat a f male, who was told the deremed meat mom him elf They had both of them lived is the parish an their Nees, and witness had on s.veral previous momilas roreived parochial relief when she was in. h e lay bediraoi that If relief bad been afforded the deceased, he would lam eillbsea alive.—Mr.C. Jelf, ameireteer, said ha had known demosed and his wife be yews, and shoat throe leaks ago be wrens • sere to Mr. W= 4„ Mie relieving siker, dremßiag their Miasmal mil smite Mot Obeir He re wilted lamodloto Mkt, awe tail bon allsaini. He mat several time saloognoody to Weihilaitsa. but with g oe r ffect, sad stibiodes he gathering • letter Is the per kw eemmlorkffito. Oa Friday the doomed died with out the gook it istilirer the eeliev Mg Ulm onion him. He WI or d gl esk pat he world have bola elies now had relief hes um bin when it was Brit applied for. —lnquiry ailionsi until Thursday for further evidence.— iv A Cow-TARO —By Mr. W. Baker, at the David sad Harp, Narrow-street, Lamella's", on the body of • JIIMMIWatooa, mod 64, =extensive coweeeper in Fore doom% Is that neighbourhood. The deceased was last seen also on the Wednesday evening ; revirdu. H. was acme time slimmed' beard to go out, and the next that was seen of his we. about 8 o'clock on rhunday morning, when one of his men in posting by the cows' lair, observed the body of a man embedded in a quantity of manure. his head and should've completely covered, and on his being got out it wee Maui Orbs deceased. A medical gentleman was sent for, and ea his arrival he Mond that the deceased wee quite dead. and bad bees so some hour.. The disgusting state of the sow-yard, which the medical gentleman said was sufficient to maw a podiums in the neighbourhood, was the 'ab lest of meek tomment by the jury, and by their direction the fereaff undertook to report the matter to the Board of Health and the parochial authorities. There being no evi dence es to how the deceased got there, the jury re turned a verdict of " Found suffocated in some cows' toonart."—Durst PROM ClioLanlL—By Mr. Carter, at the Smiths' Arms, Park-street, Bankside, es to the death et Jane Caroline Smith, aged 26, from Ariatie cholera.—The ibeensed's husband, residieg at 6. Pl. anent-place, Bkin-riutr beg, Meakeido,.ade.she geofneglectsgainatllr Wookidge, MS et the radii fee not attending sootier, sad said ho had to ma :11 .1 . 1 7tedle.—Mr. B. Woolridee, of 171, Hatosalmot. mil that ea Sunday he went to dine with his brother, in Joimpaotreet. On his return he hear Ihe was wanted in Plea .low, and be went there. Mr. Caudle was with the dooms& He found her labouring node' Asiatic elbodere. Me rirmalusti with her upwards of four hours, and edmisilufwd the we e he thought neoeisary, as well a. , brondy and other stimulants, but she expired in the course of the 'sight —The furl returned a verdict that " the de erased Soil of AlliatiC cholera, and they wholly exonerated Mr. Weeiridge from all blame."—The Coroner said in all his experience he had never seen a place more fit to engender disease than the farce where the deceased died. It we, a court within a dozen caber courts, so that fresh sir could not get to it. The doors were ell open to admit the noxious etenehes which were created, and a dirty gutter passed by them.—The jury concurred in three remarks. THE MANCHESTER PRESS. Twenty years ago there were four weekly news paper published on the Saturday in Manchester, besides two others published earlier is the week, bat having a cir culation so naafi, that the first rtamp return published by parliament some years later, et's-lately shamed them out of etiorMsee. The Satirday's papers wadded of the two organs if ha. tho CAreniels and Unwire, with the whin 6e~rJiaa mad the more radical Gazette. The Guardian had boa softlalishod as a radical paper in 1821, but as earl a $BB, say mom yews later, barbsg attailitd a hoot rank =s pol* of denlatiso sad whortionsento, it had ti 42 show so ladloadoo towards WO whines's, which heo silos esly ripened with its age, sad saw Marne borders as amerm. The ultra-liberal party weakioed by this dalsodos of a powerful exponent of its opinions waa in that c : si tisiesi le a mere severe trial. The Gaze was * Ms browsw, aad one of the p irtics, disappointed is obaskifsg its dirosdoo at a reasonable price, commenced THE EXPRESS, MONDAY EVENING, NOVEMBER 6, 1848. the Manchester Timms, whilst another party, a shadonsore ultra in politics, started the Achsertiser. The whole camber of papers given forth to the Manchester public by its united press up to that time did not nosed probably 8,000 or 9,000 copies per week. This division of the liberal press was an unfortunate blow to that interest in Manchester, sad though the Times soon put the Onset& oat of the field, the Arlserrien continued a more or less powerful rival, and re mained to divide the liberal party, and to give the powerful Guardian singular opportunities of thwarting the efforts of both when an union (they never dreamt of) might have turned the scan. This will be ssea as • reference to the parliannatary returns at the period of reducing the Oboe duty from Q. to Id., when the circulation of the Gnorelion was shout 5,000, that of the Times sad Adeerrieer car between 3,000 and 4,000, that of the Courier (though It bee nese attained a much more respectable position) 1,900, MI the Chronicle 900. Five or six years later the tory =es extremes often meet) was absorbed by the Adrirtimr. In the meantime the Gemsridiess, 'blob Ind eennomod, when the stamp duty was reduced, M end forth two pahUcations a week, had c u t awed he power. This power its conductors tto beer with considerable effect at times in aid of the agitellion,but giving offenos by their occasiooal trinsieg owl nwertion of the movement, the Manchester SIMNAISW beeseght into the held, now nearly three years op, opi the mon equally to cope with such a rival, was pu blis hed twist • week. Though not started by the League, it advocated tree-trade principles. The first result of the opposition was the divontiniiance of the Advertiser, which a few months since merged in the Manchester Times, a paper sissy@ standing high in public favour on account of its consistency as well as popular prineiplut ; and the neat result beg been that the proprietors of the Tastes and Examiner, seeing they had now the whole liberal field to themselves, and that con tending as they were elision exactly for the same comeser cid and political policy, they should be adding strength not only es to them but their cause, have, by en enrolee lion, a dopted not only what appears to he a wise and Jodie cious course for themselves, but have net an example which the liberal party, beyond the mere precincts of the pins, might edvaatag. only follow. The Manchester Time states its circulation to be 8,500 copies per publication, and the Saturday's number of the Examiner being stated at 5,400, the junction will probably give the liberals of that district an organ possessing a power wielded by no other jour- nal out of the metropolis. The Morning M ende! has made the extraordinary blunder o o r t oo rointing to this result of successful enterprise and policy as a symptom of weakness instead strength ; and infers (rem it the decline of league principles in Man chester. We have the ISOUTZUCO on the contrary, that the amalgamation was • policy ado pted at the suggestion of friends out of doors, and was counselled by both free-traders and other liberals, whose strength was never motor than at this moment, and amongst whose ranks greater harmony never prevaili d. We aso learn that the editorial talent— which our morning contemporary affects to regret should have been thrown away, after working the Manchester Times no to such • high position—will only have a wider field for its display in leading and giving a tone to the policy of the united journals. The total circulation of the three Man chester papers now giving forth six publicatiors per week, will not average less, probably, than fob. m 30,000 to 35,000 copies, and of these the tories have only one avowed organ, which , wending to its own last published returns, may be mid (without speaking invidiously or disrespectfully of it as the exponents of the principles of its party) to occupy a position of far len popularity than either of its content- IRELAND. DUBLIN, Nov. 4. It is expected that the arguments on the writ of error in the case of Mr. Martin will be heard in the Queen's Bench about Friday next. The errors have been assigned, and it is supposed that the case will be set down for argument on that day. The point relied oa by Mr. Martin's connect is, that burgesses of the city of Dublin were sworn on the jury, and that they -ould not legally serve, as they were interested in the conviction of the accused, an old charter giving to the corporation of Dublin the goods of persons convicted of felony. I believe it is scarcely hoped that the decision of the Court of Queen's Bench will be in favour of the pri soner ; but if not, the case will be brought before the House of Lords. I understand that sound lawyers here have given it as their opinion that the point raised is a good one. The record in Mr. O'Brien'. case has not been made up yet, and of course the errors have not been assigned. When the record is made up, counsel for the accused will assign their errors, and apply for a writ of habeas corpus to have the accused brought up. It is not certain whether the case es u be argued in the Queen's Bench this term, but most likely it will not. Messrs. Henn and Napier, Q.C., having stated their opinions on the writ of error in the case of Mr. O'Brien and the other prisoners convicted at Clonmel—in all of which the same point, relative to the non-delivery of a copy of the indictment and a list of the witnesses ten days before the trial —people here sanguinely ex pect to see those persons at large again, by the deci sion of the House of Lords. It is not expected that the decision of the Queer's Bench will be favourable. The question raised in Mr. Martin's case having been also raised in that of Mr. O'Doherty, a writ of error will be sued out in the latter case on the same ground. So that all these cases will be affected by the one decision. The last incident of the legal drama now perform ing has been rather untoward for its authors. Mr. Williams her, contrary to all anticipation, been acquit ted. It appeared that Mr. Williams could not be fixed as the author of any of the articles indicted. Those of them which were most violent bad been published during a period when he was confined to his room, and could not, and did not, take part in conducting the lritune. Here were grounds, therefore, negativ ing the intent charged; and probably the fact of the conviction of his colleague O'Doberty came in aid of more strictly legal cause, and turned the scale in favour of the accused. The sentence upon Mr. O'Doberty was not expected to be so severe. He is an extremely young man, not more than 22, and his high character for humanity and the recommendation of the jury induced the pub lic to believe that though the sentence would be severe the punishment would not so nearly approach that of those who preceded him in his career. With his sentence, and the discharge of Mr. Wil liams, the commission terminated. Mr. Daffy still remains in custody of the gaoler of Newgate. There were scores of prisoners discharged from our gaols throughout the country on the first of Novem ber, who had b e en confined for sums under 101. From the county of Cork gaol alone not fewer than 63 were released. SENTENCE ON MR. OTOHERTY. Cobstestos Cocar, Dom.'s, Nov. 3.—Mr. Kevin Izod O'Doherty was placed at the bar.—Judge Cram ton, ad dressing the prisoner, said—You have been fund guilty of compassing to levy war against her Majesty to compel her by force and constrain to change her measures. Your offence is emphatically an offence of intention. Now, what was that intention ? As found by your jury, it was an intention to raise an insurrection against the government of the kingdom, to embark the rouses of the country in a civil war, with ell its attendant horrors; and your own view was, no doubt, to i bring about a revolutieu, and to establish a republic in' Ireland. You might have known, by exercising the powers of ordinary understanding—and patens yours may be a superior one—the power of " the enemy," as in your publi. cations you denominated the British crown and govern ment. You might have know that you were engaging—to use again your own lauctrge—in a life and death s toggle with the crown and government of the mated Kingdom ; that your object could have been attained only by the total destruction and deleatof the British army, and that to reach that point you mur have waded through seas of blood—in a word, that cootination, and spoliation of punlic and private property, murder, and tram's, must have ben the means used for the achievement of your desperate design.. Oh ! had you reflected on the steps of blood and crime which your purpose would have required you to tread—had you coati Aired hew many lives must have been sacrificed — how many widows and orphans you must have made, and what a vast amount of misery your 'under skirt must have involved. sorely your conscience, if not seared, r blind. d, or carried away by the contuion of that rovolulonary frenzy which seized on so many minds on the continenf, would hhve re volted from such an awful respon-ibili.y. Again, had you succeeded in your desperate enterprise, the scenes lately enacted, and now en .cting in the neighboori g countries, might have taught you how futile and disistrous, how utterly disappointing to all your hopes, must have been the result. But you may be under the impression—as lam afraid many others are—that the guilt of such a disloyal and desperate enterprise is mitigated, if not removed, by the con sideration that your t Bone may be called a political offence. lan no man be deceived on tire ;abject. Be not misled by embus, sounding words. Robbery, assassination, and murder ace not the leas robbery, assamination, and murder because they are resorted to for political purposes. The didhience I. only in the end to be achieved; and, whe ther that end be merely personal and private, to gratify malice, or to utility the lust of gain, or whether it involve the supposed rights and interests of classes or of mul titudes, the stabaantial character of the crime remain the same. The MANN who murderously takes away the life of an iadividual becauos he considers him to be a tyrant or en enemy to liberty, is still an amassin. The robber se the pub lic treasury is as much • • abhor as the man whooshil Dem the private chest. Tne difference is only between lOW on a slag' and crime on a grand stale—between goblin and minder. Much is the doctrine that the laws d Ikea states teach us, which pronounce high trama Y be the gustiest of crimes; and such is the sanest* et rimy sound moralist, and such is also the doctrine immiested by the precepts of our divine Redeemer and We spanks. The jury who found you guilty have reerimmeade 4 you to mercy on account is your youth, aad on the ground of the ezcltement which existed in the public mind at the time when your pernician publications issued from the TribtaGe. I But much as we desire to yield to the recommendation of the I jury—and we always pay the greatest attention to such re- . . ennaniondatione—yet in this instance we tea follow it but is a qiuddied maser. The court is celled en to p-onounee en you We 'entente of traasportatioa for tea years. Mr. 011aberty—I min say, with perfect truth, that I had but one object in view. I cid feel deeply for the sufferings of my fellow-tematrynien, sad I desired, I mesa, by all stems toasistsat with a mealy sad itosoaraltto mistime to put an end to that salf•ring. It is very true, and I will con fess it, that I dedred an open resistance of the people to the government whin', in my judgment, entailed those sufferings on them. I used the terms"honourable resistance " in order that I might Wee in termed the strongest disapproval to one of the ankles brought forward against no, in which ' the writer of it made a suggestion of throwing burning loops oa the soldiery. I never saw that ankle, nee did I know enythiag about it until I road it in the news paper ; and I did not bring the only person who could prove that fact on the table, because he was the writer of We article • sod I knew that in doing so I would be calf at your Coorthosos doors handing him over to the law. With rupiahs 'myself, I least that I shall be enabled to bear the antenna of ale jury with all the forbearance nue to what I be.ieve to he the punishes. at of twelve conscientious enemies to me • sad to endure the wrath of the government, wham mouth-Pine they were, with all due patience. But I ill eases to deplore the unhappy destiny which gave me birth in this wretched country, and enspelled me, an Irishman, to take my stand in the dock, end receive at your hands a felon's dam to discharging what I conceived, and still conceive to be, my duty to my country.—[Hero Mr. O'Doberty was about to retire Iron the bar, when he stopped ad added]—There were inquiries made by my friends with respect to the matter tat tut to which I before alluded; sad in ecasequenee I had felt it my duty to do justice to myself m w.tt as to my Roman catholic fellow oountrymea. The names of the jurors who were struck ofi are mentioned is this paper, and instead of three I find that there are=_ - - Judo. Cramptos.—That b a matter unconnected with the proceedings.— he nrienner then withdrew kora the dock. The anamission was then adjourned uata the 12th Dec. PROVINCIAL. PEACE MEETING AT biANCUEATER. The dele gates from the Peace Convention at Brussels, an account of whose visit to Birmingham was given in this paper of Satur day, addressed a large and highly respectable meeting in the Town-hall, Manoheater, on Friday evening. Mr. Kershaw, M.P. t presided, and Mr. /Ruble, Mr. Wm. Swart. U P., Hindley, M.P.. Mr. Joseph Shale, Mr. Prentice, and Mr. Vincent addrea-ed the mewing, but the speech of M. Viochers, ot Brussels (interpreted sentence by sentence by Dr. Bowling, K P., for the advantage of such of the au• thence sa did not understand the French language), seemed to create the greatest interest. Elihu Burr= also delivered an address in favour of peace principles, which commanded attestioa. ..... THIS MEETING OPEISEItaTELECTORS AT WAKE- Saturday we reported the proceedings at this meeting on the previous day (Friday, Nov. 3.) The follow ing is a summary of what occurred niter our report was despatched by train : The first resolution, n oved by the Mayor of Bradford, seconded by Mr. Sully, of Sheffield, wu adopted by the meeting. The other two resolutions were also adopted, the second being moved by the Mayor of Wakefield, and seconded by Mr. T. Todd, of Dewsbury. The third resolution was moved by Mr. E. Baines, of Leeds, and seconded by Mr. F. Crossley, of Halifax. Some gentle- men present who were favourable to Mr. Fliewilliam's claims then attempted a compromise, but all their proposal to that end were negatived, and a resolution was passed expensing the dissatisfaction of the meeting with the address white Mr. Fitewillisan had issued. Finally a resolution was passed, constituting the delegates present a committee, in order to take the *pistons of the liberal voters for the riding, in their respective districts, u to the propriety of bringing out another candidate in opposition to Mr. Fits willism.—The meeting broke up about five o'clock, having kited nearly four hours and a half. _ _SURREY. SUICIDE OE LORD MIDDLETON.—Lord Middleton, a man in the prime of life, had been for some time rather eccentric la his manntr, arising, it was understood, from fami4 matters. He has latterly resided almost alone in the mansion in Pepperharrow-park,a short distance horn Oodil. ming. On the morning of Wednesday last, the old servant of has lordeMp's feeling uneasy at not seeing Is a muter op at the usual time, went to his bedroom to see if he was but on entering he found that his lordship was not there. He searched the house, and on entering a small room he found his master lying on the ground, and an appearance of blood issuing from his month. He instantly despatched the steward on horseback for the medical aid of Mr. Steadman, the family servos, but on a his arrival ha found that Lord Middleton had been dead some hours, and that death had been moved by the noxious fames of charcoal. His lordship's will was lying on a table near, u will es a ring which he usually wore, and a pillow fetched Iron the deceased nobleman's bedroom was lying near the brasier, and on it his lordship's head was reclined . - Letters were also found indicative of his lordship's intention to destroy his lite. The afflicted lady of the deceased arrived at Pepperharrow Park on Thursday, sad it is stated that she was in the set of writing tts his lordship stating her intention of returning home, when the massager arrived with the dreadful news. His lordship dies without issue, and is suc ceeded by Charley Brodricke, son of the late Archbishop of Cashel. A FATAL ACCIDENT ON THE SOUTH WESTERN RAILWAY occurred at the Farnborough Station on Friday night. A gentlemen who bad been out shooting with a party of friends approached one of the trains, when he slipped end fell headforemest into the narrow space between the wheels and the wall of the platform. The unfatunafe gentleman was eventually got out, but the injuries he had sustained were so severe, Olathe had expired before he was extricated. POISONING BY WRONG MEDICI/IL—The adjourned inquiry from Wednesday into the circumstances whkh occa sioned the death of Mrs. Sergio= Smyth was resumed at the White Horse lon, in Ramsey, oa Friday.—Mr. Taylor, sur. gem, who preheated the post-xsortein examination, deposed to the healthy state of the body, and that it was impasible to detect the caws of death, strychnine leaving no indica tion of its presence. Assisted by Mr. Randall of South ampton, he had analysed the mixture of which Mn. Smyth took a part, being the outdate of the bottle delivered to him by the nurse, and the molt by the various tests exhibited was to prove the presence of poison sufficient to destroy eight or nine persons. The latter portion of the evidence of Mr. Jones, the chemist, who mixed the medicine, wing the strychnine bottle for that containing milking, was to the following effect :—After I had breakfasted and gone up stain to dews, I went into the shop as usual. My young man mid, " Did you see the hone gallop into the town with Captain Smyth's servant this morning I" I said "No ; what was the reason, do you know ?" He mid, "No ; but I saw Mr. Taylor r off Mtn afterwards." I said, " I hope M. Smyth as not worn, ' and turned round towards my desk. I S hea saw the bottle I had used the previous night. I took it up, and saw that it was labelled strychnine. I said "Oh, nay Ood, I have given this in mistake to Mrs. Smyth." 1 then rushed awitold Mrs. Jones, but I was so agitated that she did not at first understand me. I then sent the young men to Mr. Taylor's surgery to know what was the matter with Mrs. Smyth. He reamed and said he did not know what was the matter, as Mr. Taylor had not returned. I had s partial hope that she had not taken the medicine. I then ordered a horse and chaise to be got ready immediately, and waited while it was getting ready. My wife hying me so much excited, met me at the White Horse gateway to go with me, (cuing lest I should drive too rapidly and produce another socadont. I soon got to Jermyn's. When on the grounds 1 met Mr. Taylor. I asked Mr. Taylor how Mrs. Smyth was 1 He said she was dead. I cannot cam es what were my feelings. This is 6111 have to may. At far as I can readied, they are the pehe. eipal facts. The reason I kept 'Shaine i.t so small a bottle, Is be. cause I want very little, and the same with strychnine. That is my name for keeping those articles in ea spur corner of the shop, because they are seldom woo. The jcry deliberated f,r nearly two hours, and then returned a verdict of Manslateghter. The coroner then informed Mr. Jones of the revolt, and took the opportunity of complimenting him upon his conduct since the melancholy mi.adventure, and the frankness and readi ness with which he had disclosed all the circumstances con. netted with it. Mr Jones was committed under the cam r nor's warrant for trial. COVENT-OARDEN.—kuber's " Hayden," after seve ral pimponements, caused by the illness of Mr. Sims Reeves, was at lentprodneed on Saturday night with an Mat which was Mooed by the very nocemful Mit of Miss Luc iota u a dramatic singer. This opera, originally per formed in Paris at the Opera Canique, was considered worthy to be transplanted to the stage of oar Roysl Italian Opera, and was among the novelties announced for last mein bat not bronchi forward; and it has fallen to Mr Bonn to introduce it to the public in en English dress. The story of the piece poises= s me interest, big is so involved and complicated, and so indistinctly developed, that it is difficult to comprehend it even with the help of the libretto, and almost impassible to give, in a reasonable compass, any intelligible account of it. This is the rook on which almost all our lyrical dramatists split. They cannot be made to comprehend (though every day's experience ought to convince them of it) that the utmost simplicity of plot and had.= is the moat emend 1 point in the construction of an oars ; that the tale should tell itself by means of striking and affecting situations, without requiring the aid of narrative* and ex planations ; and that the dialogws should, as far as possible, be limited to the expeamien of kitbag sad passion. It is owing to the neglect of this alma self-evident principle that the music of the greatest oomposen is often thrown away npoe dramas destitute of the primary elements of popularity. The hero of the piece, Lomas's°, is the brave and victorious admiral of the Venetian fleet, in the palmy days of the republic. He appears, at the outset, as the giver of a banquet to the officers of his Seel, on the eve of its =Hag from Zia, in Dalmatia, to Venice. In the aids of the isetivi Me be appears to labour under a gloomy melancholy, which excites the surprise and curiosity of his companioas. All that is known is, that in his loath he had been wild sad dissipated ; had suddenly changed his life, become a sailor, and saliva fame and fortune by his ex ploits mama= Tor= Loran= is aocrapanied in his warlike meadow (somewhat &hardly) by Winks, a yonag orphan, the niece at a Venetian senator, er.io having lost his bruise at play, had committed suicide. She hat become (we do not know how) the ward of Loredemo, who carries her about with him as his fears bride, and has given to her, SO an attendant, a young Omsk slave, Hari= the heroine of the pine. lin mooed in sommand Marmiso,:his secret end =ally enemy, accidentall discovers the mystery of his constaat en•lanly by over hearing him talk in his sleep, and unconsciously reveal that he had caused the self- destruction of Rofoseta'e uncle, by ,Aces ing sad raining hint at play. Broome for this infamous act had preyed on Lerederao's mind, and, before falling asleep, be had written letter to the son of Donato, the man he had ruined, ac knowledging his guilt and tendering restitution. lialgersio takes pomession of this letter and the act closes. In the sebond act, the scene is on board Lorettano's ship, haw diately after his fleet has pined a great victory ; and the set chiefly consists of the joyous festivities of the sailors, mingled with triumphal wags and choruses. Doreato's son, who had taken service as a volunteer, and has be haved pliantly in the battle, Is invested by toe admiral with the commend of • vessel taken by bk bravery , in spite of Malgeotio's claim to this commend. Andrea declares himself to be the son of Donato ; sad, is the quarrel that ensues. Malgenin alarms Lorsdono with dark allusions to his posseesion of the secret of hie die. ' Imam In the third set Loredotso has a triumphal recep tion by the senate and people of Venice; sad, the Doge being dead, the victorious admiral is about to be chosen his suoccesor. Loredano's inveterate foe is preparing to de means him to the senate, but Malgenio's purpose is frets. mad by an opportune renewers with Andrea (or Donato). Malgento's death in the duel cuts the knot of the dramatic difficulties. Loredano's secret is safe ; he eccepta the ducal crown, pardons Donato his homicide ; bestows on him the hand of Rajoeta, having discovered their mutual attach. meat; and gives his own band to iloydce, by whom he has been constantly beloved, and who turns out to be a princess of the royal race of Cyprus. All this is but so-so in respect t 3 distinctness, but we cannot make it any clearer. The incidents, however, confused as they . are, give room both for musical end soeuic effects. The mune contains beautiful and striking things; bat, as a whole, it cannot for a moment be compared to " blesaniello," nor indeed do we think it equal to the " Domino Noir " or " Les Dionne de la Cooronne." The overture begins with • sweet andante, chiefly for wind instruments, but falls Into an ordinary waltz in the style of Jullien's promenade concerts. The opening chorus is an animated anacreontic, the melody of which, suet by Loredono, is repeated by toe chorus with great effect. Between the first and second acts there is some entr'acte music, descriptive of the naval tepee:merit sup- weed to be raging. It is terribly boisterous, the whale strewth of the orchestra being combined with the noise of cannon and other sounds of battle behind the scenes. It displays no novelty or ingenuity of acetone; I but still it is a good preparation for the extraordinary 1011111/111 display on the no of the curtain—the stage bring converted into the deck of a ship of war, with the crew in all the con ' fission and excitement of victory, singing,. drinking, and squabbling about their liquor. It is most admirably managed, end the choral songs of the sailors are full of life and vigour. it is, indeed, in the choruses ' concerted pieces, and orchi s tral accompaniments, much more than in the airs, that Auber's genius is exhibited in this opera. The part of Lore. dono, originally written for and performed by Roger, was sustained by Sims Reeves with complete guano. His eins cdand countenance was too indicative of the severity of hie recent illness, but hie voice and his energies were very little, it at all, impaired. He acted the character with judgment and truth, end wherever there was room for a fine vocal effect, he did not fail to produce it. The concerted music of the scene where Loredano's trouhle.l sleep, in which he betrays his fatal secret, is watched by his enemy (one of the beet pours in the opera) was rendered deeply impressive, not only . by the singing and acting of Reeves, but by the manner in which the part of Malgenio was sustained by Whitworth, whose whole performance was that of • judicious actor and a sound musician. Loredan o's romance in the third act, "Farewell, thou city of my fathers," a moreeass, the beauty of which is enhanced by the delicious oft ct of the distant chorus, was sung with ex quisite ferliew, and rapturously applinded.—Miss Luoombe, by her performance of Haydie, bar raised herself at one step to the highest rank among our English dramatic singers. She has long been known as an excellent concert se.ger, but her attainments have been greatly increased by her re cent sojourn in Italy—after all, and even in its decay, the " land of song." bliss Lucombe's voice does not seem to be naturally of extraordinary quality, much of its excellence being the evident result of art and cultivation. But it has acquired volume, smoothness, and equality of tone, and its compass is tat of en eaten-ice soprano. Her execution is highly finished, and, in Italian purity and refinement of style, we have no hesitation in saying that she is unrivalled by any of her countrywomen now on the stage. Her stature is small and her figure slight ; so much so that we supposed her petite appearance would be an obstacle to her mimeses in a theatre. But she looked the interesting Greek girl exceedingly well. Her face was animated and Ingres sive ; she walked the stage (notwithstandiog bar inexperience) with graceful ease and self-possession ; and but whole representation of the character was marked by intel ligence end feeling. Her vocal efforts wire rewarded by .ap plause, evidently genuine as well es enthusiastic ; particu larly her great mesa at the beginning of the third act, a cos position demanding . powers of the highest order, both of ewe cution and expression. kliss ?dement looked well and sang ' pleasingly in the Might pert of Rafaela; and Mr. Corti enacted Domenico, the blunt boatswain, with considerable spirit. It is imposib'e to speak too highly of the manner in which the opera nes been got up. The choral and concerted music was excellently sung : the orchestra (much improved since the opening of the theatre), did justice to Auber's fine insaumentetion : the scenery was beautiful, and the spectacle splendid. The curtain fell amid the acclamations of a crowded audience. We were told that E.,ger (the original Loredano), and Jenny Lind were in the boxes, though we did not see:thein. UNIVERSITY AND CLERICAL OXFORD, Nov. 4.—The annual election of Fellows of All Soule College tenutaatal this morning in favour of the lion. F. C. Lswlej, B.A. of !WIWI, sad the We. C. S. B. tbabury, of lireancet. There were ten cledidtees. . . . . Teitertfaiirr:ll7ll. rucimell (from Merchant Taylors' School) was elected a scholar of Oriel &Low. Couros.—Vacant e :t ile trl• College two scholarships, open without restrictica to caneklates who have not eta edcd 19 years of sge. Two exhibitions, one for natives of the county of Devon, with I the preferews to the kin of the founder, Mr. J. gladden, end one for the eons of home ior inhabitants of the city or county of Oxford. Ths election will take place on the 29th inst. A COMVOCATION Will be held on Tuesday for the eletilon of a superior toad of law, in the room of Mr. Miller, &a. COLIN SLIZABSTIOS Fuss GRAMMAR SCHOOL, SOUTH -IVARL-05 Ihureday the governors of this sotto& awarded a gratuity of 1194. s year, fur three years and • half. to W. it. Fauritleroy, a Mawr pupil, who has Jost obtained a bible clerkship at New College, Caked. This is the third exhibition of the same amount which hss been granted this year to pupas of this school. The former surcesstul 'magenta were W. IL Davies and J. Hunt, who bare been entered respectively at Jesusand Emmanuel College, Cambridge. PaaramerNrs.—The Rev. Y. Smith, to the honorary canonry of Whitehall* in the Cathedral Church of %Vella—Bev. W. IL Machine, 13.11 , classical proterww•bip to the hovel What y Sandhurst, Berta—Bey. T. Butler, 8.D., slimmed chaplain to the Bight lion. Lord Nelson.—Rev. B. IL Brown, to the C.ollrgiate Church C., Wolverhampton.—Bra. S. ninth, D.D., to the deanery of NAVAL Loan OP THU NITLIT, Or D\ANCE SLOOP.—No accounts whatever bare been received es to the fate of this unfortunate vessel, which left Devomport on the fad ult. for Woolwich with a cargo of shot and gum. Ohs Is supposed to have bete seen last off Spithmd, and to have foundered in case of the late gales through this ehilling o f her cargo. A. the Imperative orders Ball the captains are to am. I =Meats with the superintendent of ordnance shipping, in cue any thing games their detendse, there is now no hope for the safety of the unketanate mew. Microbe' of beets' oars and other gear cap. parently teireging to a veinal ef th e Netley's clans, have been picked up on the coast between ffortlead .red Code Castle, DaseL POATSKOUTK, Now. 6.—A report has been oohed for as to when Leander, 50, alibis pert, and Indefatigable, 50, at Devosport, will be ompleted and reedy In every reaped as advanced frigates.— Driver, st.-sloop, Com. JOIOOKS, remains at Spithead, ready for any sievire.—Amazon, 26, Capt. ?Tunbridge, fitting at Plymouth, *des tined tor the Nei& ; Varmhem. IS, Capt. Panshawe, fitting at Sheer. AM, for the Cm. al GOA Hope ; sod OreAa, 11, Com. Hawker, Ming at this port, {oar to the Bra:fig.-Bmm deeds have been db. towed already la the inglaserkag department aboard Sharpshooter, elialsOapL Ana lo PAG the chief end =detain enguteces of the dock yard haw been ordered to examine and report upon. The alterations that may he ordend will not prevent the Sharpshooter from sailing with the impairta.—hapir, etessa.-M., Mr. Z. Nene, menninder, arrival =TAW from =lard, and soiled agate tor %Woolwich, to be Dpaid ca. DzTOSPoRT, Nov. 4.—Kingfisher, 12. Com. Harvey, sailed Last night foe the Coast of Africa, with the usual monthly mails. —A detachment of marines, under the command of Lieut. Sutherland, maberited this rooming on board the Aromas, 26, Copt. Troubridge.— Disdains, 19, will be taken ina dock or the 7th LIM. to mote good defects. . - . WOOLWICH, Nov. 4 —Wildfire, it.-• , arrived kit night Woe &earner, end left again from Blackwell this limning with part el the family of Admiral Elliott. the Minstrel at the Nom—Medina, sta.v., Lieut.-Chem Denby, will Ince on the Bth Malta; she will be tried on the 7th.—Teaser, Lieut. Selby, is under orders to leave ow the 13th beet. for the coast of Afrias.—Niger, at.-sloop, will We an the 11th tnictar Wieernew, to be hid up to ordinary.—Arro gent, 48, st..frig., new at Depdard receiving her engine, is maimed to proceed to Portmeouth when ready to be fitted for see. Cadet, female =evict ship has been removed hum the Arsenal to the dock. ard, in easnequenee of the lamlubrity of that locality.—The committee of revision la espected to arrive at Woolwich an the 13th inst. MILITARY. AtIOMINTATIOM OP TKO ROYAL ARTILLIaT.- 014—The augmentation announced in Friday night's Casette is pre chicly what you Neffidsd el: months sine ; for, although the sixteen companies raised i■ June were attached to ex - biting battalloes, it was welt known that as soon se the my foe economy in the war deportment subsided, they weak be regularly embodied Into two battalions. The quarter-nristers for the at w battalions are not yet named; but it is certain that Sergeant-MlOor Moore will be quarter-master et the I "tii battalion, and Quarter-Master Sergeant M'Elern, or Sergeant School roaster Clarke, quarter-master of the 12th battalion.—A Womencn llsangs. MEDICAL ROYAL CoLLEOI3 OF SllltanoNis.—The following gentle sea basis' aadergose the necessary f laminations far the diploma, wore admitted members of the college en the 9rd hist., viz , Mews. W. B. Wall, Listened ; J. klkington, hirmingh .m ; T. Newham, Northam J Northampton M. W. S. Couleber, Downham. Norfolk; J. Falconer, Mahan& ; J. F. Pellevin, Natuitios ; and B. llarseck, Needing, Berks. NATAL &mown:ca.—At the mettles , of the Court of Exambiers of the College of Sttrgeoris on the 3rd inst., Messrs. J. Sale and F. Lawless pared their examinations for full eurgeons in the navy. These gentlemen had priniowly be mtmlted members of the cellar, the diploma of the firmer Ocular date July 38, 1844, and that of t h e later Aug. le, 1544. SPORTING. BETTING AT YANCHEBTER—BoseT. CHESTER Cup (enter or not).-1,000 to 15 agst Ws Eagle (t),1,1 , 00to12 eget Bamoody(t), 1,000 to 12 aid Furfforrtae(t), 1,000.10 12 egg HAMM Hato, oolt (t), 1,000 to 10 offered against any other. DERBY —6 to 1 araZilf i lying Putehm .n, 7 to 1 agse Tatham 12 to 1 tt. 1,1 10 1 3 13 10010110 1. 2010 Ilirt Oriel. 3 to 1 scot to I use any mbr. LIVERPOOL eTZIPLE CREEL—ACCEPTANCES —PrOCeed, list sib; Wolverhampton, list Mb; British Yeoman, list Mb ; Paler Simple, list Sib; Si. Leger, list ; the Victim. 1 Ist 2;b, Waiter Harm, Ilit ; Herman, list ; The Dories, lOst 101 b; Noe. borer, Ihrt Mb iburgarton, lOat 910; Alexander, lOst Sib ; The Knight at Gwynn', 104 710 ; Alfred, lOst Sib; Jortice to Fzglind, lOst Mb; Kim Bursa, 104 Mb; Equinox. lOst 41b; Forest Boy, lOst Mb; Venom, 10s ; b g by lout; Farnham, lOst; Spam, But ISM; Bost or Three, 94 101 b; Gower, 94 71 b ; Velocity, Sat 106. WORCESTER. STEEPLE CHASE. WORCESTER HANDICAP of 20 *On. ERcb, 10 ft and 5 only Ude:tared, with 100 added ; the mooed to rave his stake. Gentlemen Mere Lc. 4 miles. (it Inds, 21 of wham declared ) Captain Maduck'n Proceed Sant reel) 1 lard ntratbseare's Red Lester The following al o started bat were not rimed : British Teams. Prime Gomm Atel4l-Kader, Vistim, lb. Bigler, Peer Alexaeder, Repulse, Thorgirles, Linkb, Indite to England, Fare. bans. Vindictive, Forest Roy, Term, °obeyed Malden, Gower.-3 to I apt Proceed (t trial?), 6to 1 mist Alexandel k ,rr, east British Yeoman, 8 to l agst Pear Maple, 10 to I agetl England Rader, to 1 apt Rome,. Gower, 12 to 1 apt Justiceto Oh 1 010 I NMI ilsorgarten (t freely), 12 to 1 eget Vieille, 11 to 1 east Viefictive. If to t aptdy Red mid 20 to I We FeStetien —Rolitoe Gower made nee all LAMM% . till readied the rills beyond the artificial mom, wher the e ha Tunnies declined. Red Lancer went to the heft in the last field bet one, followed by Farnham, Prima I Gawp, and several others, Proceed walling, t 11 over the artificial Ism into the Nurse. whew be challenged Red Lancer, and won Measly by a neck. Stun In 10 min. 24 sec. NEWMARKET COURSING MEETING CONCLUDED.—PIuess. Tun CUP.-Tbird Ti..: Frgaro beat Doroo ; Mainmast beat Rosettii. Deciding coarse: Mr. Fyson'e Figaro beat Lord Stradlicoke's mart, and woo the cup. Tan OAKS.— Deciding conere : Mr. Buekworth's Bramble best Mr. Dobede's Duels, mid won the stakes. Tan POST STA/LBS.—Third Ties : Lavender brat Drift. Diamond ran a bye. Deciding course : Mr. Dubede's Diamond beat Mr. Lender's Laren ' der, and woe the stake& Lab) Euttil tiltiltt. EQUITY COURTS.—SanADAT. _ Before the Lord Chancellor. MOOED O. GRIFOGTI27I; Mouroaos —A64lol4lll,l7.—Tbis was an appeal from an order of Vice-Chancellor Knight Bruce, allowing a demurrer to a bill. The plaintiff bad granted a lease of a house and premises, including a cotton mill, situated in or near Bolton, to one Taylor, who received pecuniary assistance from time to time from Gregg ai d Co., and to acute the repayment of their advances, Taylor deposited the lease with them. Taylor was unsuccessful In busicess, and gays up the pro mises to Gregg and Co . who enteredinto possession and paid tome rents to the plaintiff. They afterwards removed the machinery and abandoned the premises, refusing to pay any mare rents or perform tht other covenants is Taylor's lease. The bill was filed to compel them to take a legal assignment of the lease from Taylor, and to perform* the covenants contained in it. They demurred to the biU,and the Vice-Chancellor allowed the demurrer.—Mr. Role, in support of the appeal, argued that the defendants were, in this murt, in the peti tion of legal mortgagee*. They teak possession of the mortgaged property, and submitted to the covenants of the lease until they found the property WAS no longer valuable— being made so by their own acts—and then they refused to take an assignment of the lease, although they . bed before that entered into a correspondence with the plaintiff to take a new lease. This court compels persons in the situation of the defendants to take a legal assignment of the lease, and then the plaintiff has his remedy at law to enfurce the pay ment of the rent and performance of the other covenants. They cited in support of this argument a great number of cases from " Lucas v. Comerford" in 1790 (reported in 1 Vet, jun., 23d; 3 Brown, 198; and better in S Simons, 499); to " Flight V. Bentley " 1835 (7 Simons, 149); and distinguished this ease from Morris v. Cheat" (8 Simons, 608), which broke in on the prec2ding long line of authorities.—Mr. R. Palmer, for the defendants, contended that they were not liable to the as ceptance of the lease. It would be the greatest hardship on persons with whom title deeds were deposited to make him liable to whatever covenants they might contain. The case of "Lucas v. Comerford " was overruled, and se, in , effect, were all the cams that rested upon the ruthority of that cue. The right doctrine was hod down in "Morrie v. Cheat." The common sense as well as the equity of the case was with the defendants, who, even if they were to be compelled to take an assignment of the lease, might re-assign It next day to a uper, and so get rid of the liability.— Roll replied.—The pa Lord Chancellor said he would leek into the eases before giving his decision. Before the Muter of the Bons. Rs TIAOUR.—RZEUSAL TO DISCHARGE ORDER TOE TAXATION.—TES Master of the Rolls gave judgment in this ease. He said it was • motion to discharge an order obtained by Mr. Fiestel for taxation of his solicitor's (Mr. Trager's) bill of costs. Two grounds were alleged for the applicati en. First, that the order directed the taxation of one bill of costs only, whereas Fiestel was liable to pay Mr. Teague another bill of costs for tininess done for another party, on the re tainer of Mr. Fiestel; and, secondly, that the order directed Mr. Testae to deliver up all papers in his possession, not withstanding he claimed a lien on them for the other bill of weds. He thought the motion must be refused, with costa. First, because there was no evidence that Fiestel was liable to pay themes for the other party ; end, secondly, because if Teague had a special lien on the psperc, he would be pro-. Meted, on applicuton to the court, from deliveting them up. PEACOCIL O. PENSON.--SPECIFIC PERFORMATICIL—Ter Mester of the Rolls also deliver. d judgment in this PHI. The bill was Men for the specific pirformonce of a contract which the plaintiff had made with the defendant Penton for tke purchase of a plot of ground situat, at Upper Holloway, Middlesex. The property formed Lot 17 of a larger quan tity, consisting altogether of shout twenty air thirty acme, which the vendor had laid out arcordhig to a certain plan, with a view to houses beteg erected, with convenient roads, &a. The sale took place in July, 1844. the whole of the property being put up in l 8 lots. The 12th condition pro vided that the vendor should, at his own expense, within a certain time, make and plant with lime trees the roads marked on a plan referred to by the conditions, the expense of which :as to be repaid hint by the respective purchasers, in proportion to the value of their respective lots. There was no question of title between the parties; but the plaintiff insisted on the defendant making a par ocular road marked on the plan. The defendant objected that be could not make it without incur ring • forfeiture of a piece of leasehold land through which it would run • and, secondly, because the plaintiff had no interest in the ro ad. Looking at the map, it appeared to him that the purchaser of Lot 17 could not have much in terest in the road. But, neverthelces ' he could not, under the circumstances of the contract, be treated in this court as having no interest in it. And he was inclined to think that if there was no difficulty about it the plaintiff would hays had a right to require that the plan shoeld be adopted. But the road could not be made without a risk of forfeiture, and he therefore thought specific performance ought not to be decreed. But the plaintiff might have a reference if be de sired it as to the damages he h 0 sustained by not having the road. Compensation was offered before the bill was filed, and he regretted the correspondence which had taken place. He should dismies the bill as against the defendant Ward with coots, and,ss against Penton without carts up to the hearing. But if the plaintiff chose he might have • convey ance of the land he had purchased, with a reference as to empensation. Baton the ViceeCaancellor of lagland. RIMY O. BElTlL—Dumukaan TO A BILL POE AX AccounT OVIRRULED.—This was a demurrer filed by three partners in a backing company at Hull, carrying on business under the title of Smith Brothers, to a bill tiled mint them by Mr. abeam, the secretary of a joint-stock company esta blished at Hull, for the purples of founding a preparatory school, called the Hull College. It appeared that an account was opened by the plaintiff as a shareholder and secretary of the company with the bankers, to whom .he company be came indebted to the amount of 1,0501. The banker brought an action against the plaintiff for payment of this money, whereupon the plaintiff filed his bill in equity against the bankers, one of whom, Mr. John Henry Smith, was a holder of two shares in the College Company, for the purpose of having the affairs of the company and up, and for an injunction to re-train the action at law dntil the &s -ecants between the parties should have been brought to • settlement. In support of the demurrer to the bill, it was contended that the plaintiff had no right to associate as defendants to the bill the three other partners in the backing firm who were not interested in any w►y in the College Company. The fourth partner had only two sham, and it would be moat unjust to defer the settlement of the claims made against the company by the bank, until the affairs were wound up.—The Vioe Chan cellor said, where a partnership of A and B bscame indebted to another partnership of B and C, this court would not allow execution upon on action by B and C agaictt A and B, unless for the whole amount of the debt. It had been ingeniously suggested by cones,' that there might be an ap portionment of the as+ete until the d, bts were got in, but that was no answer to the ease aa naw stated. He should, therefore. overrule the Seamier, GRANVILLE 9. BETH.—Tae harat or SELTZER Wiens. —This suit was inatitutill by Dr. Granville, the author of revers' works upon the mineral springs of Germany, against Mrs. Bette, the wife and personal representative of the late Mr. Bette, for the specific p•rfortnanee of a contract entered into between the plaktiff and Mr. Beth, he which it was awned that the plaintiff should use his influence with the Duke of Nassau to obtain en' exclusive consignment, to the said Mr. Bette, of a certain quantity of oalisar water every year, and in consideration of the nouh!si to which the plain tiff would be put in the matter, he was to receive, during his life, from Mr. B tta 61 per dosen for all the bottles ex ported to him, and that Mr. Betts or his heirs should pay, after the death of Dr. Granville, to his heirs or adatinidraten the sem of 31 per dozen, a. long as the contract should last, which was for the term n. 21 years. The plaintiff, after various negotiations with the Duke of Ewan and his minister', obtained for Mr. Beth whit he desired, and a contract was prepared and signed by the chief °facer of the Duke of Nemo, securing to Mr. Bets the exclusive right to all the shier water which should be exported to England upon condition that none of the water should be sold to any other persons than the EnsrEsh, and that Mr. Bette sh,nild take 200,000 bottles the first year, .500,000 the second year, and a million the third year. This contract wu sinned in January, 184.5, and had ever sines been acted upon, but Mr. Bette, during his life, and his rs presentative subsequently, had refund to render to Dr. Granville any account of the number of bottles imported, or to pay him the per tentage agreed upon. This bill was con sequently filed for specific performance of the agreement, and a demurrer was put in by the defendant, on the ground that the contract entered into was not such a one u a court of equity could enforee.—Mr. Bothell for the bill contended that as the agreement between the plaintiff and Mr. Betts was for a continual payment of a per oentage, the only means by which it could be enforced, wee by coming to a C.Aatt of Equity. Another objection was, that ea this wu a hill of Tremor, the defendant was precluded by the steps already taken in the suit upon the original bill from any right to put in a demurrer.—The Vies-Chancellor said what. eves diSculty there might be in a court of equity enforcing an agreement of this nature which provided for the payment of a sum of money for series* rented, still that might be got over by this means. The agreement provided that a deed should he executed for the purples of carrying out the terms of the contract, and the court had power at any rate to dir et that a deed in conformity with these terms should be exec.ited, and that would give the parties an opportunity of trying the question at law. There was, however, another oh-