The Express. — London, England, 1847-07-09 00:00:00

meats Ono of the great objects of oho proprietors of the 'Daily Yews was to secure a large circulation in the pro vinces, and with that view correspondents were employed in Liverpool, Birmingham. Bristol, and other large towns. In course of time the price of the paper was reduced to 2id., and the sub-editors received instructions to condense the matter as much es was consistent with its interest and importance. In the month of July, 1846, a report wu sent up from Bristol, containing an acoouat of contain mooted burs in the district bankruptcy court in repo mss to the agars of a Mr. Smith, but previous to this dile ib• *tin tiff did not know of the existence of suck a prom an the Mr. Smith alluded to. It appeared that two meetinge took edam respecting the affairs of Mr. Smith, and that the report tarnished of the procoadines at the first meeting +ea not Insertid by Mr. Powell. The second meeting was hold on the let of August, and • report of what took place was for warded by the correspondent in Bristol to the Daily News °dice in Londe'. After the proceedings had terminated, Mr. Smith addressed a letter to the proprietors of the paper, begging them to suppress the report. On the 4th of August the report reached the otSee, and was abridged according to the system adopted in the establishment, and was inserted on the 6th August, under the head of " Provincial." This was the report upon which the defendants pretended " thst they had discharged Mr. Powell. He (Mr. Serjeant R"ilk us ) submitted that it was a very fair and moderate report of what took place. There was no indication of a suppreesion of the truth, or any ground for pitying that an undue prominence had been given to any circumstances which were calculated to injure Mr. Smith. It was the custom of the ma nag er of the paper, Mr. Dilke, every morn ing carefully to reed the paper shortly after it came out, and when he discovered any ground of complaint to mention it to the sub-editor. On the morning on which the report in question appeared he made no complaint whatever, but after Mr. Nike had received certain information respecting the eonduct of Wearing, he thought it neresary to see Powell upon the subject. He was however allowed to go on with /us usual duties for a fortnight, and at the expiration of that period he was discharged from the employment of the defendant'. He should prove that the defendants had no reasonable ground for dismissing him ; and it would be for the jury to say what damages he was entitled to for so serious an injury. The agreement between Messrs. Bradbury and Evans and Mr. Powell wee thus pat in, and also letters of the 13th, 14th, and 16th Aped—berg theos=donee Mtwara the ts defendan and th e he the priatiffs absence from daty us l ie Metioned. A letter of the 24th August. WM, em then read. It was fame the defendants to thisplariC sad was in the following arm : nr,—we Yam leaned la shim at of Mr. him tea reheense to the pint etheard le le am *emir Maw born, and lt men= the revert dear ailelles We lath throthre, alteresthe hat to Wethare thearesientlestmea anima will be greed to re «We this sea mirefbe determartenthered boa ids day. we have ditto:oooft aseemst of your Wry mw the arrest week shptl tie matte yea is year application, bat erasures without prejo itioe.—we are, it yew mement servants, BLOW= and EY.43.0.- To J. IL Powell, flew Mr. John Dither; wee then called, to prove that Mr. Powell entered upon his duties as sub-editor on the Ist of January, 1846. Mr. Thomas Hodgkin stated that he was a retired cont sunder in the navy, and that he bad been joint sub-editor of the Daily News with Mr. Powell. He had been con's cted with the press for 26 years. The whole respon ability of that piper devolved upon Mr. Powell, with the exception of the leaders and other political matters, which were entrusted to the editor. It was a matter of great im portance to arrange the provincial intelligence ; and any Information coming from the provinces respecting proceed ings about to take place would, in proper course, be commu nicated to Mr. Powell, whose duty was to employ a reporter to furnish an account of such proceedings. Regular reporters were employed by the Daily News at Bristol, Birmingham, Liverpool, and other large places. In the ordinary course of business letters addressed to the proprietors, and coming into the sub-editor's room, would be opened by the sub editor. The contents were then sorted by him, end distributed to the different departments of the paper. Letters addressed to the proprietors frequently came after the proprietors had left the oifiee. It was al the greatest importance that those letters should be opened immediately, and if they related to public matters intended for the newspapers it was not usual to show them to the pro prietors. Wearing was employed to revise some of the re ports under the superintendence of the sub-editor. It was not an ustrequent occurrence for the editor to receive letters begging that reports might be suppressed, and it wu the edi tor's duty on each occasions to be influenced by the report iteelf, and not by the letter referring to it. Cross-examined: The necessity for showing letters to the proprietors of a newspaper must depend upon the nature of the communication. If the sub-editor, who might open a letter addressed to the proprietors, knew that the person from whom the communication came was on bad terms with a party connected with the establishment, it might in the ordinary course of business be kis (the sub-editor's) duty to hand it to that party to look over ; but witness would not dose. A letter referring to private matters, and involving • com plaint against • person connected with the establishment he should show to the proprietors. It was the duty of the edi tor to be at the office the greater portion of the time that Mr. Powell remained there. Mr. Soutar, rib-editor of the Morning Advertiser, Mr. M'Kearn, Mr. John Byrne, Mr. James Griffin, Mr. Moran, Mr. Morgan, Mr. Searle, Mr. Thomas Beard, and Mr. Mack, gentlemen connected with the press either u sub editors or in other capacities, were ailed to speak to the Satre of • person occupying Mr. Powell's position upon the Duly News. The witnesses all agreed in the evidence of Mr. Hodgkin, that the propriety of showing letters to the proprietors would depend upon the nature of the communi math. Mr. John 0. Powell stated that he was the corre spondent of the Times at Bristol, and that he attended the proceedings in the district bankruptcy court in the month et August last. He had read the report which appeared in the Doily News. and he should consider it • fair report, but It woo very much condensed. Various matters which had been stated against the bankrupt were omitted, and there were purges also left out which appeared in favour of the bankrupt. Creseexamined.—During the inquiry the bankrupt very often mid, that although Messrs. were ostensibly the opposing creditors, the affair had been got up by Mr. Wear ing, who had a personal animosity against him. Mr. Phinn, who was the counsel opposing the bankrupt, then inter fered, saying that he deprecated any attack upon Mr. Wear ier in his absence. Throughout the discussion the bank rupt and his counsel (Mr.Btone) endeavoured to impress upon the court that Wearing was edema to the bankrupt. There was no mention of Wearing's name in the report which ap peared in the Doily News. Copies of the Daily News of Nov. 11, 1846, and March 3, 1847, were then put in, for the pupae of showing that the defendants themselves had thought proper to call the atten tion of the public to certain legal proceedings at judge's chambers and Westminster-hall, in which the name of Basith wu mentioned as a bankrupt. One of these reports was headed " Gambling by a Bankrupt" The Attorney-General, in addressing the jury for the de fondants, said, that the defence which they had thought it right to set up was founded upon a doe respect to the inter seta of the public, and upon a proper sense of that principle which ought to actuate the proprietors of newspapers in tle conduct of their affairs, It was upon the jury's sanction of that principle that he model their verdict in this meet im portant case. He mostlree make a complaint of the COWIN which had been ;taken Iry the learned serjeant on the other side. Without applyieg his Mai WM reel *rue between the parties, he had thought littorals mei matters which might comport with the view taken by lie chant, but which were altogether collateral to the permalariey. He had stated that the defendants had remmesil el thelly elfalthunts and that they had pot forth the WM 11111161•01 is the spatial plea to relieve themselves from OM ~MP imbelhh. This he took the libswV ebnandieftg. and, ea the Pat of the defendants, he humph ha say that they were, and had gad reason to be, mehoily satisfied with their present position. It turned cot - that Mr. Charles Dickens (who wee originally editor of the Daily News), finding that his time might he more profitably employed, and that, in pointof fact, he was not exactly MAI li rda management of • daily paper, withdrew from the esmaro. He was not dismissed by the proprietors, nor wm their object to decrease their expenses by any such mama as MI been attributed to them. 8o far Man their soaking way pretext for dispensing with Mr. Powell's 'services, he (the Attorney-General) had abstained hem putting to the witnesses a single question calculated to disparage the plaintiff. He would rabmit the tuts to the jury as they appeared upon the record, and be would ask the jury, upon those facts, for their approval of the conduit of the defendants. As to the somewhat complex nature of the spacial plea it had been put upon the noted, lest in the de tailed proof of mere technical form they Fight fail to apprise the plaintiff of the trae ground of his bang cllemired. He sherd prove that that dismissal was perfectly justifiable; and as to the numerous witnesses who hail been examined, the were called for the purpose of lengthening the brief end accumulating expenses, in the hope that the plaintiff would succeed is obtaining a verdict. The defendants were charged with resorting to an expedient for the purpose of re lieving themselves from the engagement they had entered into with the plaintiff. This they utterly denied ; and, ad mitting that the plaintiff had a right to open letters addressed to the proprietors, and to um the greatest possible authority, ought he net to exercise common caution, common prudence, nay, common honour, in his mode of transacting his business br the interest of the paper ? The facts of the case were these : —There had been a preliminary inquiry at Bristol, prior is the sth of August, when the publication of the report im question took place. Noseport of the proceedings at that inquiry was inserted in the Daily News. Wearing, who was ohm in • state of great hostility with Smith, the bankrupt, and was his detaining creditor, and had kept him in prison ft more than a year, for • debt which was not due, was en -1 gaged in the same room with Mr. Powell before the publiea tun in question. His learned friend had dared him to prove that the plaintiff had a knowledge of any hostility existing; between Wearing and Smith; he (the Attorney-General) accepted the challenge, and would prove that, three months before that publication, Mr. Powell well knew all the circum sauces connected with the position in which Wearing was placed with reference to Smith. He should also prove that the plaintiff wrote to Mr. Powell, the correspondent of the Daily News at Bristol, at Wearing's instigation. The terms of the letter were these "An inquiry is about to take place at your Bankruptcy Court, respecting certain proceed ings, in which a gentleman connected with our establishment as interested. The person about to be examined is, we un derstand, • mauenis met. Will you send us • fair report of the proceedings ?" On the 4th of August a report arrived, sled on the same day a letter came addressed by Smith to the proprietors of the Daily News, but not enclosed in any such envelope as might, according to the suggestion on the other aide, have been opened by one of the porters of the establish mint. The letter was accompanied by a printed memorial to the beechen of Lincoln's-inn against Mr. Wearing, who was at that time desirous of becoming a member of that essiety.i The substance of this letter was as foliates: • I tujoe gisoovered that W. A. Wearing, rite person .sae name 77. lMe s=elablj aw r °slated with the asemposylep resewrial, of ha 'even Irked t aewereeere Se mese Indaster thins to report the Peesedilitot4K7 we. Weight tehee ths Omit et Brim* q . lie las alto Weed Ilhe. as 'Nor et the Any Men he eti th autos°, the twommt Amp maim, lett**_ ihe but la caw lambs raps Elk he , war.. I Mei coa -1 Yoh OW yea wit ask ey yenr i =smiet • phew sad vie *** Alit ity ghee* end = 6. 1; WO andbis welsh trek Ore to a Morin , awl where knehlog se OM et pale Yung sr jeallA i es iw a have no dam slid San lot at~dillimol Oa sod teams tebehes tag iteM mem mentenntepegnaln= pmmsetioaaderwldiYslenwremmhaw Wm. • Drug chino with whom I hem yen see well wt eel apes M two or Wee 01104 the hint •ZpilliitiOn at e. Weezing's in emptetetlis teeters toward, ma— (eiped) W. It hens That was toe letter which Mr. Powell had open ed, and which, though addressed to the propriehre, was not sub mitted to them. He (the Attorney-Gametal) cared not whether or net it was the duty of nab-editors to send all When to the which were addressed to them, but he carte as a man of borrow, the sub-editor, knowing that a feeling of hostilityeaisted between the writer of the letter he bad just read, and • person coanected with the establishment, ought nut to have given it to that person (namely Mr. Wearing) to enable him to insert it in the paper in say brat or shape that he pleased, and so far from its being noised in the usual way by the sub-editor, the initials of the plaintif f did not appear at the end of the report. The report was published, and on the 6th of August Kr. Bog* admission:Oka YAW to Maus. Bradbury and Beane. ..Mg chile sillowdsw to taw letter he had previously written In Mega e and his repot that a garbled s t e i zaslsiled by woKpost Sowardi hint, and con s* ISO wed of pedals Won" or a single point ea)mdeited to further the sods d *dos, should have been allowed to appear in the Dal i f e elw. Upon receipt of this letter, Maws. Bradbury and an inquiry to be instituted. The matter was maned to Kr. Dilke, and also to the deleadaab' frolickers. An imeerview took place be twos' Kt. Me and Mr. Powell Is the presence of other =when Powell admitted that le knew of the hostility Wowing and Smith, that hokum of the report, and that be gave the letter with the report to Mr. Wearing. It was is consequence of that cond.* on his part that he was dismissed from the rielemikente . He (the Attorney-General) subadlted met y that the defendants could not in judge kr or to the public have acted otherwise. They were perfectly justified in the coarse they had adopted without coasidering whether or not the report in question was fair or unfair. It appeared that in every place where Wearing's name was mentioned as connected with the transactor, certain peerages were ex- purified by means of a red chalk mark ; and it was evident that the insertion of the report was dictated by personal feeling, and by motives which were not directed to the promotion of the defendants' interests. Under these cite= • stances were not the jury of opinion that the defendants had but one course to pursue ? They had under their manage ment and control a most important machine for the good or ill of the public and it was their duty to investigate the affair in which Mr. Powell had been concerned with Mr. Wearing. Having heard the whole of the charge imputed to him and also his explanation, and being satisfied that the allegations against him were true. they dismissed him. The result of this case was certainly most important to the plain tiff in a pecuniary point of view, and to the defendants in principle, bat it was of far greater importance to the public, and be twisted that their conduct would be @auctioned by the approbation of the jury. Mr. George Powell, the eerrespondent of the Daily News at Bristol, proved that in the month of July, 1846, he re ceived a letter from the plaintiff requesting him to furnish a report of the examination in bankruptcy of Mr. W. 11. Smith. The proceedings having been adjourned, he re ceived a second letter reminding him of the necessity of wading a report to the Daily News. lie was not sure that this second letter was from Mr. Powell. It was not usual for him to receive instructions to attend to any particular matters. Mr. Diller was then called, and stated that he was the managerof the Daily News: he held the same office in the month of August last, when the report in question was published. The letter dated the 6th of August was handed to him by the proprietors, on the day of the publication of the report. He entered into an investigation of the affair, but not in consequence of any in structions from the proprietors. He had an interview with Mr. Powell in the presence of Mr. Foster and Mr. Wearing. He held the letter in his hand, and stated that he considered that the letter affected the cha racter of Mr. Wearing. He than made general inquiries, in order to ascertain whether the statements contained in that letter were true, and whether the plaintiff was aware of the circumstances. The result was, that the plaintiff ac knowledged that he was aware of the feeling which existed between Wearing sad Smith. He asked Powell whether he knew of the hostility which existed between Wearing and Smith, end he replied in the affirmative. He then said that he did write to Bristol for the report, and wit ness asked him if he had received any letter from Smith. Wearies answered that question, stating that no letter had been received then was only a printed state ment. He (Mr. Dilke) appealed to Powell, who said, " Oh, yea, there wee a letter," upon which Wearing replied, " It was only a memorandum at the back of the prated state ment." Witness asked him if it was in ex and Powell replied that he had given it to Mr. Wearing. upon Wearing said he had taken it to his ebantben and that he would fetch it. The original report frovalleistol was produced, and he learned d , from Powell that it had beau ab.i by Wearing. Witner then asked the plainilinow, under the circumstances, he could intrust lie wpm le Mr. Wearing ? He did not recollect that Powell awls any reply to that question. He did not know at that time that any communisation bad taken plane between Smith and the pro prietors previous to the letter of the 6th of August. Having ascertained these matters, he informed Messrs. Bradbury and Beans. Cross-examined—On the 6th of August, the day on which the report appeared, a letter was addressed by Mr. Wearing to the proprietors, stating that he had received infermation that Mr. W. H. Smith intended to me his influence to damage him in their estimation, but be hoped it was hardly necessary for him to swum them that his statement was altogether Mae. He received Mr. Wearing's letter before he received Smith's. It might have been a fortnight after the inquiry be had made that Mr. Powell was dismissed. He (witness) bed stated, to answer to 'ques tion from Mr. Wearing, that he never could admit that to be a fair report in which he had struck out every reference to himself. He also stated that the fairness or unfair ness of the report was not the question; he simply wished to inform himself whether a gentleman con nected with the paper had inserted that particu lar report far the purpose of annoying any with whom be was acquainted. Wearing denied that be had ever said he wee editor of the paper, and Powell an swered all the questions he put to him freely. He remem bered having stated that the morality of the paper would be greatly damaged by a repetition of such conduct as had been pursued in this case, and the character of the press might suffer considerably. If gentlemen were permitted to give insertion to reports for the gratification of private ends, parties might hereafter be found to accept bribes for the supwendon of reports, and for other proceedings detrimental to the interests of the press. Mr. John Forster was then called, and corroborated the evidence of Mr. Mike in its material features. The letter of the 4th of August, 1848, from Mr. Smith to the defendants, was then put in evidence. It contained the statement repeated by the Attorney Gemmel in the course of his speech. Letters of the 18th, 19th, and 20th August were also read disclosing a eovreepondence which took place between the defendants and the plaintiff respecting the coin. plaint against Mr. Powell, sad in sonsequenoe of which complaint the defendants wrote the letter of the 24th August, dismissing hint from their service. Mr. Serjeant Wllkies addressed the jury in reply, and the Lord Chief Justice proceeded to sum up in nearly the following terms: The Judge.—Gentlemen of the jury,—This is an action brought by the plaintiff, complaining that the defendants, having entered into • contract with him for the employ ment of him for two years, at a certain rate of salary, did, before the expiration of the two years, at • certain time which is made evident by the letter produced to you, dismiss the plaintiff from that employ ; therefore, he mates before you to claim • compensation by way of damages for the of that sgresment. The defendants, in answer to that complaint, find of all, in their formal plea, put the plaintiff to the proof of the agreement; then further—the plaintiff alleging in his declaration that he has been dis charged without reasonable and probable canoe—they negative that allegation, and insist that they did not wrong fully, or without reasonable and probable muse, dismiss him from their employment. Then, in their third plea, they 'nate more at large what is the ground upon which they insist on their right to dissolve this agreement. I need not tell you that an agreement between the employer end the employed is always upon the implied condition that the to be employed will conduct himself in a manner eon(ormabl• to the spirit of the agreement into which he has entered, and so as to make hie services available and be neficial to his employer. That is a condition engrafted by the law upon every agreement of this kind; and the breath of that condition on the part of the person employed will warrant the other aide in determining the agreement. Where a person is to pay a certain remuneration for certain eervices, union those services are rendered so as to be avail able and beaefieial to the employer, the agreement would be a mere one-sided benefit. To sulntantiate the special plea, it is necessary that the defendants should prove so much as constitutes the substance of that plea ; but the second plea, which alleges only general misconduct, will be sufficiently proved by such facts as may, in your judgment, constitute a reasonable and probable cause for dismissing the plaintiff. In reference to the third plea, it will be your duty to eta mine the evidence, and see what portions of it have been proved. In • cue of this description it always happens that a variety of topics are introduced not strictly and properly bearing upon the case. Thus, it is no question here what are the duties, responsibilities, and rights of a sub-editor. The complaint against the plain tiff is, not that he acted out of his office as sub-editor, but that he acted improperly in that office. As to the extent of the duties no question appears to arise ; the important ques tion is whether, in the course and proper limits of his duty, he did or did not properly conduct himself. First, then, what is the nature of the imputation which the defend ants cast upon the plaintiff—in what respect do they say that he failed in the discharge of his duty' As I understand it, it is this. They say—" You, as sub-editor, having consider able responsibility attached to you, and considerable power in the general conduct and management of the paper, it is your duty to see that it is so conducted that nothing shall reflect on its impartiality or honour, and to take are that it is not made the vehicle of the private feelings or resentments of any one connected with it. You are to select articles, not because they will gratify any one connected with the paper, but because they are matters about which the public may reasonably desire to be hammed, and may take an interest in reading. In so doing, you ought to take care not to lend THE EXPRESS, FRIDAY EVENING, JULY 9, 1847. yourself to any private feeling, or you will bring discredit oa the paper, and induce a suspicion that it is not conducted in honourable feeling." That is the general nature of the imputation; and, applying it to this particular case, they say, " You knew that Mr. Wearing, a gentleman employed in a particular department of the paper, had had a personal quarrel, and was personally connected with the affairs of Smith. In the particulars of that person's affairs the public had no interest; but, at the request of Mr. Wearing, and knowing of his private feelings, you went out of the course of your duty, and did that which was unusual, and not consistent with your duty al an editor honourably and impartially conducting himself. Yon wrote to Bristol to procure a report of that man's examination under his bank ruptcy. It was most unusual to take such an interest in auk matter; ; last of all should it have been dons in a case where a party connected with the paper had strong feelings and personal interests." They say more than that ; they say, " You bad a letter from Smitti directed for the proprietors." There is no complaint against the plaintiff for opening that letter, but that, finding it to contain a complaint against Weartf ie instead of putting it in a course to come to the knowledge of the proprietors, so that they might exercise their judgment on the conduct of this individual, the plaintiff gave it to Wearing, and even allowed him to withdraw it from its proper depository—the office—take it into his own custody, and thus prevent it ever coming to the knowledge of the proprietors. They say to the plaintiff, " This you ought not to have done ; and, coupling this with the other fact, of your writing to obtain that particular re port, we think that if in the conduct of our newspaper you will lend yourself to forward the wishes and designs of per sons employed upon it, that is a circumstance calculated to bring it into disrepute, and, therefore, we claim to dismi ss you.' It is your duty to see whether t his complaint is estab liahtd to your satisfaction. As to whether the conduct of Smith was honourable or dishonourable, that is wholly out of question it would have been quite foreign to have examined him here, and would only have distracted your attention, and made it difficult for you to address your minds to the real subject. The question is, did Mr. Powell act improperly or not, in acting upon the suggestion and stimulus applied to him by Wearing, whose motives he knew; and did his doing so amount to such a degree of impropriety as justify the proprietors in removing him from his ellos f That is the real question is the cause. It appears that, es the 24th Aug. a letter was written by the defendants to the plaintiff, dismissing him; so that they claim the right to determine the agreement from that day, and rifler to the rubjectmatter of the previous correspondence me the p 1 for that determination. Now we come to the real saoMor of complaint. A great pert of plaintiff's evidence was to show the extent of the authority belonging to the office of a sub-editor ,• but that is not matter of controversy at all. Any report of proceedings in bankruptcy of a nature to be intere stin g to the public would properly come under the notice of the plaintiff as sub-editor ; and such • report from the provinces would, in the ordinary course of his duties, be handed to the gentlemen under him, of whom Mr. Wearing was one, to correct and condense. Su this report to have corn. in the ordinary way, either • country newspaper, from their own reporter, or frees a eorrespondent, no doubt it would have come properly unit[ the consideration of the plaintiff, and, in the ordinary count, would have been handed to him for the purpose of condens ing it and putting it in • form for publication. Then, it ap pears, Mr. Wearing's duty was to place his initials to it, and those initials were the warrant to the printer for inserting it in the newspaper. Now, it seems, Mr. Powell, the reporter at Bristol, received a letter from the plaintiffin July, request tag a report of this case. In the fiat place, this is said to be an unusual course ; and in the next place, thtt it was done a ft er communication with a gentleman of the establish ment; for, according to the evidence, the plaintiff admits he was aware of the state of feeling which existed between Mr. Wearing and the bankrupt Smith prior to his writing this letter. The proprieton seem to think it was improper in their sub-editor, influenced by such means, to go out of his way for the purpose of procuring this report at all. It lhrtherappws that the matter was kept in his mind; for Ilea YeWa being adjourned, a second note was ad deemed to the Bristol reporter, saying, " Smith is coming V again on the 11th of August ; please remember us." This shows that the plainti ff 's attention was kept to the subject. Then comes up the report, which you will have banded to you. I have read it, and it appears to me that there is nothing omitted which in any degree reflect. upon Mr. Smith; and the only parts struck out that can be considered favourable to Smith are one or two little passages—The learned judge having directed attention to these words, proceeded to say, the first ;Point for your consideration, when you some to look at the matter, will be, " Is tbis, in truth, a case which would have been published at all, unless somebody connected with the newspaper had had a personal interest in it?" We well know that many of the cases in bankruptcy furnish matter of considerable general interest; but whether the particulars about Mr. Smith having attended a certain gambling house or not were • matter of public interest to a paper which was desirous of occupying its columns with eco nomy as much as possible, having reduced its size from two sheets to one, you will judge for yourselves. Then it is said that the proprietors must have thought the case an interesting one, for they published further reports of the proceedings in subsequent papers. But there is this difference : the publication is question in this cause has nothing to do with say general principle ; it has only to do with Smith's par dada: conduct. The subsequent papers referred to have evidently been published with the view of elucidating general principles of law. That is to say, where power is given to a indge to discharge • person out of custody, the Court of Queen's Bench thought the power was limited to the judge, and that, if the judge should decide erroneously, the court had no power to supervise his judgment and reverse it. This was the question raised when the subsequent reports were published. Therefore, there was a distinction between the two cases this may be gathered from the reports themselves. But the real question is, whether or not this is an article which would have found its way into the newspapers from being calculated, in the mind of any reasonable man, to excite public Interest in itself; or whether it did so merely because Mr. Wearing had ha/ a quarrel with Mr. Smith, and wee personally interested in the result? Of that you will judge for yourselves. With respect to this being • garbled or an unfair report, supposing it was a matter proper to be pub lished at all, you will also judge. I cannot say that it does appear to me to be an unfair report at all, in any respect but one, and that one not a matter of interest as between the public and the aewqapers, but one in which Smith himself Wlfeel interested.. That is to say, if • newspaper pub an account of his examination, he would, of course, with it to be known that some person connected with that Mhad an interest in the matter refined to, and that it t., therefore, be supposed that • colour was thus given to the report. With respect to the general substance of it, It wears to me that it might have been very well spared. Of skid, you will judge for yourselves. The more mate rial question now is, whether it could he supposed to excite public intere st so as to warrant its üblication. Well, now, it appears that Mr. Smith, feeling himself ',- grieved by the publication of his affairs, oontaiaing nothing according to his statement in which the public were inter ested, wrote to the proprietors on the 4th of August. Mr. Smith imputes to Mr. %Veering, you will observe, motives of which we have no means of Ithowing whether they were well or ill founded, and which had nothing to do with this case, except so for as they bear upon Mr. Powell's conduct : they are not material, except so far as Mr. Powell's being aware that there were personal feelings in the matter ought to have led him to act in • manner of which neither party could complain. Before Mr. Smith's case we. published, the letter was sent by him, and directed to the proprietor' it the paper, accompanied by • memorial by himself, sating his owners against Mr. Wearing to the benchers of Lincoln's-Mn. It does set appear to be material, because, whatever Mr. Wwwing's conduct may have been, it is only material as it z=co the case of Mr. Powell. The only value of this t is, that it shows that on the 4th of August, before the publication of the report, Mr. Smith intimates to the proprietors that he makes certain charges against Mr. Wear ing, and that he apprehends Mr. Wearing will use his influence to make their paper instrumental in publishing unnecessarily matters concerning himself. Now, the proprietors do not say that • sub-editor is not to open letters directed to proprietors which come to him is the ordinary course of business, nor that, speaking giro rally, he may not exercise • discretion as to what = ions in such a case; but they say that such a letter co ing of the eoniuct of a gentleman connected with the paper, ought to hays been brought within their knowledge, in order that they might have been at least made aware of the imputations which, justly or unjustly, were cast upon this gentleman, and been on their guard with respect to any in fluence he might afterward' exercise in the conduct of the paper. This letter, however, which cams before the pub lication of the report, was not shown to the proprie tors. Mr. Powell's statement is, that he handed the letter to Mr. Wearing, saying, " That, Wearing, con cerns you." It does not appear that there was any im propriety in his showing that to Mr. iWearing—quite the contrary ; but whether with his knowledge that certain im putations were made against Mr. Wearing by Mr. Smith it was right to give the letter to Mr. Wearing, and so put it out of his power to bring the matter under the notice of the proprietor+, Is a totally different question; se is also whether, with this letter before the publication, it was ex pedient for him to be acting with Mr. Wearing in calming the publication. It will be for you to confider, indeed, on reading this case, whether you think it a matter of such peculiar interest to the public, that notwithstanding the particular circumstances of the case its Insertion was justl- Sid ; it will be for you to consider whether circumstances did not impose a caution upon the conductor' of a news paper not unnecessarily to insert matters which might bring the honour and impartiality of the paper under suspicion. So the matter stands before the publication. Well, then, immediately after the publication, Mr. Smith again writes the proprietors on the 6th August. It appears that Mr. Wowing WPM CO the proprietors on August 6 to this effect: Ham slis,—l ban received certain information which induces me to Mang that Mr. Minh intends using hie influence to damage cm in soar sollaadaa. r purpose he has, I believe , forwarded to yes a n primisd staemmt, whicti be ltotee a Memorial to the of Linedn'utes. I hope is hardly necessary for me to aware you that this document Is altogether false. Gentlemen, those terms appear rather curious, when you consider that, on that very day, the letter of Mr. Smith, which was accompanied by the memorial referred to, was in the hande of Mr. Wearing, and that if the proprietors were to have it at all it must be from himself. The learned judge then re►d other portions of the letter, in which Mr. Wearing stated, amongst other things, that, notwithstanding the memorial, the benchers had been perfectly satiafted with his conduct. The learned judge proceeded to say that the letter entered into no particulars, that it did not refer to the publication of Mr. Smith's affairs, or to any complaint made by Mr. Smith to the proprietors; it gave the pro prietors no information with regard to Mr. Smith's complaint, or to Mr. Wearing'. connexion with him. After going over the defendants' evidence with great minuteness, the learned judge proceeded to observe, that after the inquiry which took place into the cireumstances by Mr. Dilke and Mr. Forster, the former made a report to the proprietors of the paper, sad that after some further corre spondence the plaintiff was informed by the proprietors that they had, under the circumstances, " no alternative hut to terminate the agreement ." Such, then, being the evidence, the questions was, whether or not the course pursued did or did not show that the plaintiff was induced by Mr. Wearing to insert a report which othervrim he would not have in serted. Whether or not the report contained any matters of public interest it will be for the jury to judge. That Mr. Wearing took an interest in the matter was clear ; that he instigated Mr. Powell to write for the report was also clear. They were aware of the circumstances under which the report was published. The complaint of the proprietors of the DailylYesos was, that Mr. Powell, knowing Mr. Wearing's hostility to Mr. Smith, permitted • matter of little or no interest to the public to be published, because Mr. Wearing wished to gratify his feelings ' in theniatter ; and the ground on which they claimed a nestle dieshary Mr. Powell was, that if a person in their embalms* rablielt•d a matter to gratify any personal feel- Mir, we arum wild not properly be retained. They said, we de set inquire whether the report published be a fair report sr usb—ft Ina not right to publish in our paper matters which weld not have been inserted but for per sonal feelings. Having the whole matter before them, the jury would have to decide whether or net, is the language of the emend plea, the defendants had reasonable and probable cause to dismiss the plaintiff from their establishment. In the language of the third plea, they would have to ascertain how many of these facts were proved—first, that at the request of Mr. Wearing the plaintiff wrote to procure a report of the examination that Mr. Wearing was influenced by personal motives, and that the plaintiff was aware of the existence of those personal motives ; nest, that the letter received from Mr. Smith was not sent to the proprietors, but delivered to Mr. Wearing, and that it was therefore put in his power to prevent the pro- prietors from ever becoming acquainted with it. And, fur ther that the plaintiff improperly instructed Mr. Wearing to abridge the report and to unlit it to gratify Mr. Wear ing's private feelings of resentment against Mr. Smith; that the publication itself was not interesting to the public ; and that the plaintiff's acting on such motives and In ouch a manner was calculated to prejudice and injure the defend ants. The substance of those allegations must be proved, in order to enable the defendants to obtain a verdict. Mr. Serjeant Wilkins here reminded the learned judge of the allegation that the report was garbled. The Lord Chief Justice said, that although there was such an allegation, and although it would be for the jury to my whether or not they thought it established, it struck him that it was not an essential part of the plea. With respect to the question, whether or not the defendants bad reasona ble and probable cause for dismissing the plaintiff, that would depend upon the view which the jury took of the conduct of the plaintiff. under the circumstances. If they thought it did not warrant them, the plaintiff would be enti tled to trieir verdict; while, on the contrary, if they consi dered it did, their verdict would be the other way. On the question of damages ? supposing the plaintiff to be entitled to their verdict, the jury would observe that the plaintiff was a gentleman who appeared to be con nected with various departments of the press. if an wero engaged to lend his services to a particular esth blishment, and were afterwards improperly dismissed, It was in the discretion of the jury to say what amount of damages ho was entitled to. The salary of the plaintiff was 151. per week, and the whole period for which he was to be employed was two years. In the case of a gentleman of talent, the jury had to consider whether, after dismissal, he was entitled to the whole salary for the period of his engagement, or whe ther it might not be supposed that he could make his talents available during a portion of that time, and, if so, what was a fair and liberal view of the amount of damage sustained by him. If a party in the situation of the plaintiff might avail himself of his talents after dismissal, he eould not be expected to pocket the full amount, just es if he could make no use of his time. On that point there was no evidence; a single witness said he did not know whether or not the plaintiff bad had any engage ment since. The plaintiff being • gentleman of talent and acquirements, the jury were able to judge what sort of de mand there would be in London for a person of his position ; or how long he was likely to have that holiday of which be spoke in his note. The amount of damage in case the jury considered the plaintiff entitled to their verdict would be • matter for them to exercise their judgment upon ; and on the other part of the case they would have to decide whether or not, under the circumstances, there had been " reasonable and probable cause " for dismissing the plaintiff. The jury retired to consider their verdict, and, after the lapse of en hour end a quarter, returned, and delivered the following verdict :—" For the plaintiff—damages 5001., and that the report which he made was not a garbled one." COURT OF EXCHEQUER. Nm Pam.-15 re Mr Y. Pollock, C. 8., and a Speelal Jury. FINDIN AND ANOTHRIE V. JOHNSON AND ANOTHER. — THE CITY OP LONDON COMMERCIAL CLUB.—MT. WASIOD, Q.C., with Messrs. Needham and Foote, were counsel for the plaintiffs ; Mr. Crowder, Q.C., and Mr. Browne for the defendants. The plaintiffs, Messrs. Findea and Green, who are architects and surveyors, brought this action to recover from Alderman Johnson and Mr. Marriott, as member, of the managing committee of the above-named club lOU., a balance claimed for drawing specifications and plans, and for the superintendence of building work executed for the of the club. In 1838 the club in question w pro l'oertri.4 as Mr. Finden. In the first instance it was intended to build a club-house of a ve7 i eeneive and ornamental de scription, the then content ted outlay being somewhere about 20,0001. That intention was abandoned ; but, before a definitive determination was formed, certain premises in Throgmorton•street were taken and put into such repair aa to be suitable for the purposes of a club. It wee, however, actually opened in 1840, and was carried on until the dens of 1842, when it was given up. The defendant, Mr. Mar riott, appeared to have taken an active part in the formation and astonishment of the club from the commencement; li but Alderman Johnson attended a meeting of the managing committee for the first time on Dee, 20, 1838. The services for which the plaintiffs claimed compensation were performed between the month of June, 1839, and the end of that year. I On giving up the club the defendants and other members of it subscribed a sum of money sufficient to pay 10e. in the pound to the creditors to whom the establishment was then indebted; that composition the plaintiffs refused, but they received on account 1001. in two payments, leaving the ba lance alleged to be due. The defendants paid 101. into court, and denied their liability beyond that sum. It ap peared that before any portion of the work was executed, the plaintiff,, on Dee. 12, 1838, addressed a letter to the com mittee of menerament of the club, and stated that they would last make nary charge or claim for any professional servisindssa by thneaprenously to the club being established and is sysratioa, and it was contended yesterday that the debutante were net liable, es all the work for which the plaintiff eider& was done " previous to the eatablishment of the club," and that as the plaintiffs were themaelves members at the club they could not maintain an action against other members of it, who should be considered u co partners. These being the main facts of the case, the Lord Chief Baron left it to the jury to say whether the letter of Dec. 12 was to be taken as the agreement under which the work was done. If they thought it was, the action could not be maintained. As to Ald..Tohnson, he could not be made liable for work done previous to Dec. 20, 1838, when he first became a member of the managing committee. —The ry, after short consultation, returned verdict for the de fen d ants. ADMIRALTY COURT. THIS CHASE.-BALVAGE.—The crews, amounting to 17 men, of two &Wag smacks, sought a reward for services rendered on the 27th of January last, about 25 miles from Lowestoff. The Chase had been abandoned, and the salon carried her into the harbour at Yarmouth. An offer was made by the owners of 7191., but this the salvors declined to accept. For the owners there appeared the Queen's Advo cate, who, with Dr. Hayford, admitted that services had been rendered to the derelict ship, but there bad not been any danger to life in the performance of the duty. The court was prayed to pronounce for the tender, and to condemn the salute in costs from the date it wu made.—Drs. Haggard end Jenner, for the salvers, submitted that a moiety of the value of the property saved should be paid. The salvors had lost an early market for the fish they had on board, and the vessel, when boarded, bad five feet water in her hold.— The Court oonaidered that the Chau had been entirely abandoned, and in a state of great peril, but still it thought the tender was sufficient ; but as a • .slict bad been saved it would not condemn the salvors in any of the costs. The ship had been peculiarly unfortunate, having been in colli sion on two °cessions before she was abandoned. Had the vessel notbeen a derelict, the court would have made an order as to costs. TRE EDWARD BMINIT.—SALTAOE.--In this Cate the ship, with her cergo, was worth 16,0001. ; and when on her voyage from Cadiz to the port of London with wines, &c., met with heavy weather and became disabled. The Mor giana, of the value of 7,9001. to 8,0001., from Alexandria, with a full cargo of beans, when about 12 miles off Cape St. Vincent, went to the aid of the Edward Barnet, which was taken in tow, the muter refusing to let on board any of the crew of the former, lest his ship might be put in quarantine. The Morgiana towed the ship into Cadiz harbour, and for this service an action had been entered for 4,0091.—The Queen's Advocate and Dr. Robinson were for the salvors and Dn. Haggard and Jenner for the owners.—The learned judge decided that 8001. wu sufficient for the service rendered. CRNTRAL CRIMINAL COURT. POLICE.YEBTERDAY. __ _ _ Naomi* Are _ OLD COURT.—Belore Blum Alderoma and Z. 7oetioe Pte ult. ROBBIRT BY POSTMEN. —A. Thacker end W. Ringroce, both postmen, were indicted for having embeuled and secreted twenty letters, the property of the Postmaster- General, and were sentenced to seven years' transportation. BOW-STREET. CILMOB or }Wanner. Thomas Moore was charged with stealing the contents of a cash-box, the property of Mr. Howell, his muter, landlord of the Rend-in-hand public-house, High Holborn.—The prose cutor stated that the prisoner, with whom he received a strong recommendation, was in his service only a weak, when he absconded. On the 11th May last, he entered his room, where he was confined to his bed with a severe illness, and said his mistress had sent him for the cash-box, which was immediately handed to him. In the course of the day, observing that the box was not sent up again, he inquired of his wife the reason, and was surprised to And that she had not sent the prisoner for the box, having no occasion for the contents; and it being ascertained that the prisoner had absented himself, search was made, and the box was dis covered broken open, and 911. is gold and silver , with two 51. notes, stolen. The prisoner, finding some difficulty in forcing the different compartments, had lelt 211. behind.—A City constable apprehended the prisoner in Longlane, Smith field, when he said he knew that robbing his master was the charge against him. Hs was ordered to be remanded for a few days. SOUTHWARK.—OOAIIOE or CHILD MUKDER.—Ann Bkscknoore was re-examined, charged with strangling her child. In addition to the evidence given in our paper of Wednesday, a woman, named Donovan, stated that on the night in question, rstsequently to her quitting the house where Ann Gramma saw her tightening the child's cap- suing, she saw the Omer stumble against a Wone anti fell down heavily with the ehild ia her arms. Witness meloted in lifting her up, eel rem temerited that the 'kW gemeamt and afterwards hewn ilea. • plasma we salked, awl when they arrived at the etatiaa-bean the child wee deed.— Mr. Seeker, in remarking upon the evidence, mid that it was probable the child's death was erased by fall, which was mainly attributable to the state of Lao:lead= in which she was at the time. He Anil anima the prisoner for THAMES. MURDIROUS ASSAULT. —Elisa Skinner mu charged with a murderous, and, in all probability, fatal outrage:—Charles Potter, poliee-oonstable 240 K, said that last night his attention was attracted by a great crowd col lected outside the doors of a Rupee, named Croucher, re aiding in Shadwell. On going to the spot he wu told that a man had been nearly killed, and entering the surgery, he found a man named James How in a este of insensibility, bleeding profusely from several very severe wounds in his head, and Dr. Croucher considered him in such a dangerous condition, that, without any delay, he' was conveyed to the London Hospital. On making inquiries be was told the prisoner had caused the injuries, and apprehended her in a house in Elbow-lane, near the docks. The house was a no- torious brothel. When he apprehended the prisoner she was concealed between two beds. The constable produced the tummies of a thick shovel, the instrument with which the I deadly blows had been inflicted. Some of the poor fellow's heir still adhered to it. Potter added that the man James How's life was despaired of. He had two witnesses who saw the affray.—Mr. Ballantine directed him immediately, se , companied by another constable sad the prisoner, to proceed to the London Hospital, and in the presence of the prisoner, to take down an statement the man How might make, se y this, should the fatal result anticipated occur, would prove of the utmost importance. MONEY MARKET. THURSDAY ETZNING. The payment of dividends having commenced, money became easier this afternoon, so far as the stock exchange, and will probably become so shortly in the discount market, unless the French loan should make its appearance. If one-third part only of the 300 millions of frame, for which it le conjectured the government may ask a vote of credit from the chambers, should be brought forward in the shape of a loan, some derangement of money values could hardly fail to ensue. From the intimate relations of l lcapitalists with each other, more especially as respects Paris and London, there can be little doubt of a combination between them in the event of a loan contract by which a certain proportion of the funds would be subscribed, and therefore sup plied, from hence. This would be in the natural I order of things, and no more in fact than a fair mea sure of reciprocity for the assistance understood to have been afforded by some of the Paris capitalists in the instance of the eight millions loan contracted here, in which they were said to have entered for a certain amount of interest. The abstraction of any considerable proportion of capital from hence in such case might, apart from other inconveniences, such as rendering accommodation less easy, result in aggra vating rates of exchange already with an unfavour able tendency. The report was strong to-day, and the intelligence said to have been received from Paris by pigeon express, that the project of law for raising a loan, and for obtaining the necessary authority to that end, was to be brought before the Chamber of Deputies this day by the French government. The knowledge or suspicion of the fact, or at least of the probability of some financial operation of the kind being close at hand, contributed to the heavi ness of the stock market during the greater part of the day. Consols were done as low as 881 for money, and 881 for account, but with few transastions at those rates, or at a fraction higher. Prices appa- ready were on the descent still lower, when the I Chancery broker entered the house and purchased tothe extent of about 200,0001. for the Accountant-General of that court for Tuesday next, for which he is under stood to have paid 881. Upon this operation the market became rather better, but prices improved only to 88/ to„ for money and the opening, and so left off. Quotations were made for the August account at 89 to k. Reduced Threes, 89 to 1 ; Three and-a-Quarter per Cents., 91 to 1; Long Annuities, 9 1-16 to t ; Consols Scrip ato / prem. Exchequer Bills, 10a. to 13s. prem. ' • Bank Stock, 196 to 7. There was no particular movement to report in foreign stocks. The rise which took place yesterday is Spanish was not supported to the extent. The Fives were called 21 to 1 only, the Threes, 33 to 1 ; Portuguese, 30 to 2. Dutch Two-and-a-Half per Cents., 671 to I ; the Fours, 891 to AO ; Mexican, 19 to /. A remarkable absence of dealings continues to characterise the foreign market. asousu primp. Bask Slack, IPS '—....-- Kolb eta 54,1173 3 par CI- Mt. um.. IS 1 7 4 Dina, Km Mash les 113 3 per Cs Camels 6•34 , Set 11 Oissaal•fisr sees. 114 I 1 3 pee Cent. &amities 173 a. 3 pee OS Ciassols Bedp. 11 P. No* le pin Ct. Mas.,lll 1103 11 1 lits. BOY, AIMS, IL, II 13 p. L(. Am ,tap. Jaa. 11, MO, PS 1-111 Noe MOO, 13 p . D0.,D0 yrs, Jas. 3, HMO, se ____ DIM. &YU, II 30 p. fp per Celt PW. Beale, iii I per CC Mesiess,Aper., July 11, 114 4 per Ct. Permesere Aseet..3l4 per Ct. Sink D4a.,41r. tram Nov. 11140, fliw I par Rsp.U.. Aeet. July 11,211 Do. INT . tram May, 1/417. 12+ 3 par CL Spud& 11d . 221 Do. A.COnlit. 1..1y 12.221 per R,13 gall.. 471 I per Ors. . I D. . . 4i Do. . . I Do. . iMINI. ang t Wm iangsg. v il iw ir . Opealaa. NUNN. lams& i 4111111 it. 111 75 15 73a 177 al ,MA S USN IN N 111131 Us N a a a . NI N .. 1 .. Lathan, ea Leads r3O Nu). N U offeret Mrs". Delete. 3. 1540 . . .1 1001 1 i Naples MOON . . . l lene Da. I INS . . . 10.6 IN 1006 De. 4 . . . le I 'hammy Dario . • II MAIM., 100, I —Throe per Ceuta. al 5; Pear per Caste.. 13 . Mee Per Orate, 176 I ; PONISTIM. II I • Calrell • 13 . Hut of M. Pertlaand, 110 , auk of M. leabelle, 137 ; Henan, ea loaadoa, 45 13.100. RAILWAY NEWS. There was no particular feature in the share mar ket yesterday. Prices were depressed in the morn ing, but were rather better at the claw of business. French lines, which had declined more materially previously, partially recovered also. SHARE LlBT.—Loxpox, JULY 8. Kan.—The wheeler et Ham la Boman ekenesen &M... banal 1.11.1101 A Ban: them et Kam Is Bohm When' edam PAWL let. 7. is ik „: 47 II 0.04.1 /11•64443.4. C 444145. rub 4•6 OTNIMIB lre IA: 0 0 Iry 334Tre" Pork aad . 037 SO 847 NI 01 441 far Sousa 404 Harm III U HI 637 at au Avtatea ltans4ll•4 „ 143 440 stmosrar• bele ll7 SO Qatn CI Wass) .• 317 SO as rs 147 401 14 71 4406•401 p.m 173 71 071 VS 1711 LS 671 SI 474 RAILWAY BILLS IN PARLIAMENT. 0010111T7.'PA OF THE LORDS ON THE MERITS (Tema. IMT).—Rothe C.—(New Conunittee.) —Marquis of Winchester, ear. awn • the Earl of Dartmouth. Thwount Poom,nby, Lard pry attl Lord Monteagia.—Edinburgh and Northers Railway (4400;,; meet et the Perry between Ferry Port on Craig) ; petuu nt , pealbgra Rahn, N. Andrew'. and Newburgh Harbour, pla i t" and Owl Crain. (Newport Railway tizterution, ; Neellown Railway Mama Porn BurntiaLuad to Dunkrro U rto w erafto Cal; Caleimiew (Edinburgh stattooa, and Nudes to mad ft dos Llbburgh and Glasgow Railwayl.—mr. yl sada ilk gnpumblea proved. Second bill, caw opened and redone lbpertly wild. lean 11.—O MM momP), Ilanbary. and Oxford.—Case toe th e opsn. MIME spimA owee heard. Elm Yeekidie, Doncaster, and Goole Itallway.—on t be Om posmolom watlar.ed. evident M R—Mm ib lNK.ig. Guildford, and Reigate Railway.--Promot ta r bred. oommiliss OF THE 00XMONR ON TTIE MERITS (Yvon. DAT).-43am No. 6. Boor 30.-6outhampton acid Dorchester way (Ililnkwell and Blandord Braact).—Laadowners' case erns. Taw Vale.—Bill stithdrawa. lIEETINOB.—BLACILWALL RAILWAY.—Specie! Meet. =A June & Daniel to the chair. The rosette( era hew to esinaler the MR foe altering the gauge of the railway, mu* week irepronniento in the approaches, and znaldag • bread rad. way le the Load= sad Bt. Katharine Dock,. A report wee reed, fro= whisk it appeared that In the original construct= of the lap p u p paw is Choi I Ind., but woe sew altered to 4 fret si =b p, Nero as tbe Itsrlbeem sad lament. The improvement to the sp. preemies Is lbe any termimus would be.come necesrary from they. miss of tbe les tie low aid the expected tree& from the Eastem Mingles liitsmy. 'As hog& of the branch here proposed erg beet MN a tali owl mee•gposted to be completed at from !MOO to =itlle ateem abided ti the tames which impeded the bill emmrled thrmegle Ms Memo of Lords in the precept =don, ad sell tit by • del/ wspamakee they had eared theme'see cot. eldeemble MOM and WA prepared for the next sreeica, in eh= be Impel lbw midi be semmesaruL to reply to a proprietor, ta. deletes mad antreglema bad agrred to complete the Menke fir Yy lbw . L Dr. Deenfag, M.P., and the chairman seey of cryesemposse Imam on the subject of the =ilea,. and the writers would see the directors personally instead , dip Nos they were always happy to receive any =gratin& itc emmpiethed of the difference of the levels between this sad the Sailers,. If the line were made as contemplated, they wadi have to apply to perliessent for en aleration of what they we, not Ming. He would adk berg they would bring goods from Quad= town to willematgalmg Or another act of parliament ! Ths anias mid tale they led bens guided be ion their own = m wan sellmeadre alto& A proprieytor the thou op g in of ht, after the repealed mememelesmeal 41 Seem the responsibility would he on Oa area= MI Oak mese= If slap difficulty should arise. =leetheemit the magma abedd be reportai on by the engineer . abeleseam mid Me Odom ler prectiothe • Nat me weld &rho from Na Web as now taken, wgli beweniammdre that the edged dwell Woe farther ma. • the pert of the dinette& The beak et the MU sere road sad agreed to. TORONTO AND Ill:RON.—Haf yearly Meeting, June 8. --The report of the directors stated that, in the present =alelke at the WOW market, although as confident of the value of the wade. taking is heretofore, the dlreetors considered It .55,1,1 still be &thimble to postpone the commeneement of the works, and =with), peed* the decision of government upon the subject of the projected =limy from Halifax. Bather • long discussion ensued, but which did rac possess one features of general interest. The directors reelected were Charles Franks, P. H. Mitchell, and Edward Feud, L. 4 ,; and in the room of P. Lloyd, laq., resigned, Capt. Chan John Ikase. q art. The auditors appointed for the ensuing year were A. Smite, Req., H. B. R. Barker, Eaq., and Capt. Edward.. The stands =pounced until Tuesday, the 27th July, to receive the= amount& U IW. U ab/d.Ol li s dd. Io 1/44•4 daill D0rN0m.....1L par 11 lit IS M 544444444 * L0b....1r No. I? A w. FM:* l4// 4 D? " .a Oll. N it t".:- 4 4 1 :: / Rm. 48. raw II Ip. q De. 10 BIND. • crew Joon-474 So. 14.14.101.8 3# INA. Zamsai.4 C4..7.7.13 Id. 7 D0.1%.**(2.0.) 1 Op, I IlloOrt. M.I. * im. par Ip. DI Do. 1..44./4•1 4 leaf 71 NiOM Nal Smoky ... I Ip. Is /14.4 S. (1.1.11.11. ail 44. II Do. Now ll 4. 4 114.17., Isass., It 11•14.11 Id. 04 Dosloalhamakr. 1 . 2 Measkol. 4 foaDoa.N.ll 4 1 14. 34 041471ealsa N } I /14.444 f 4 lod.. 111 D. 4 skoms• 1 14. It Do. e Nora ....Ka 1 I 01•14osAm 4 Orford.- 1 044. 7 lln el Clueer aud 114161. ed .. 7M. 42 Do. IN. Pam .44 # 100 Claresso SI 4S I Do SOL Oar* 10 Do. 101 Cloor.llpor, P. par Ip. Dori. 4 a 111 to Do. WSW. {7+. P. Id. Ip., 7 Da C6,Brial.e DV 4pe .427 in II Clonmell II Ad. 019.1431044 (Ask IS 0.141.4 4 DoVa• Awes II IN. 00 asisisais usassisies:tai 9 BO Samara . OW fl/ I De. Now '7l 6 IDo. Prof Sp P. No.I I *1.4. II Da. Darla 811•14{1 i DO.. lie NC I 1 b. 736 ihosoenra. 4 014Norforo Id. pa* o 1 De. York Istordl•.. 7 I N 4,446 SADA 31 00 !boars VaNa........• 44 DA 1 . 414:44 .... iej a N /ha I. 044 , ......... par De. Pare* ...... 4l 10 De. Dew D. IS l. 11 Do. do. DeNoroo• Se.o per 44. : I DA Third. ...... .... 41 ENS lawoleN4n4 461 ex lall4 14444414 N 14ablorp1. obi eloopoefll TO , $ De. New. NI SI 111 Do. i Mom 7 S 1 . 10 Do. 1111,.4.. 14 Do. 4 Nom 151 174 1 I D010p.1147164/714.7111. pa, 171 Dalamoph.osiNorohmot.4.4 Ip. I 4 Ds. do. Winemoy Val..' par lIA. Nor Igor Ip. ~ 4 N. (boobs Dr on ......' T. 141 Do.. eh., W... J., 4. 121 Do. fore, l4# 14 Ii lig mod H00a5ap100.... , 64. pa, 111 D. N. . 7bp 2 1 1 D.oiar r" , ;Wok, Dorehot , 4 1 .. 14. 1.. 1 ' l l 4 1 0 „ ...6 "th D0D11 1 7 1b.d" r......... D 41 .0.4101:;. r e i4 . N 04W, 1.... 4 4r•. 4 Ir. II lOnat Daribora 1111 De. la.& Yost kat 11 141 I. PO* Woreetr,6 /No. Tµ. 721: Oa Spark 4 Wdos (frol.) I 1 *a la. 24 /rear eel Wm N too; area Ifort.4 of Iga~ SM US jsi Do. 4 slaw A I 4 I a. Nos, WI N • Do. Now, IP. 170 1 "P. l i 110 3 1 . 4 . 4•1&••2•43 1 1 1 1 4 Do. N.., IN. 11177 NI S f"::: a.. i *.. II Owl WeNors76 40. So De. gel 171 11 a 1 a.. s arlead... ..... 17 3p. 14 4De. Pam '774 30 1 A. 194 1 ,241163,6. 4 Goa. s Id. 7 ,I Do. _., 171. 10 1/.414■7013111 6 MesoSool. I 4p. I Dadlo. Oone 1 ... Lid . 40 1/1r1 . 4A/ 114 : " 41r "..... fr 4 IA 4: Div: --1 11 N , 114. 4 Aro .. N Sap. 4141164444446.... 44. 144' m. 4 Aims . . -. 10 11p. ZIONos • Dever 474 II I pa. & Irter 114..143.4.- 10 44 /44. SC (dm 1111.) SI rm. 44 10. IT Do. N. (NI. 6.1171) I 64. 13. N 1Aae•4644 446 Carliaa. 46 II AN. (M. WI.) i la. pot 76 A. Ner 4 Sp. 6 DO. N. 1•0. IN.) 444 oz .." 14.". ."5'.4*" l O low ,ie sassh N. si 3 *a la. N IL•No rod 77.mne 4 44. ' I ,11.74444.12474*.* Goole 111 l! A. Nill 14. 6 Ir.. rm. 1.k.h.... ... .Ii osial. . Prof. Ip. Pal 1 o#4. IN wusailat a L 1111•64 44 II 32 Loa., Dom.. Illmooloto I ;al; ma Lail Vail. "'if , 1.., Ms., 4 N. Ilor 'll4 exit. 10 Wilto,Dim..4lWeia6. , l64 44 141 I 1.44.. 4:64464. 4 , s, Ili lap. 1414, 164 .1 1 4:47444414 . i lij 44.444. 46.1 /6441 174 74 IS York Na 11•44.4414 .. 411 4 Do. Noe II De., de 17 , :l •• t 11 it.t.r.....'" - 3, 7 1., N 1.1. 1 111 1314 e. •04 464 4 ID T•ek •PM la Mimi ,PS se 10 Do. am. 4. U..... 3 Op. N 114. /414 r . lll6 1916. 9 A. 4. , Owe.. 6p. C 4 Do. !Yearns* l5l II N' De Pro/. Door 4p. P. 10 Do. It. &IC 14144.111 ' a IN 7.44141.6 4440rowayeA. Pow.. Darman. 111 Do. Proforma. 10n,L4441464 I N. WIN., 111/ 4 Dorf. 127.1.#04140•67a. I lid. II I Do.Qoarton. L. aII 114 14 Oa .11.....0f (On, Cut) 31 /44. 1 ' Do., de. New. II So Deem I De. Men 176 116 11•Nooreno 64. 16. 40 De. 401. A. M. II IL.. 71 70 7 DNA ItAws.N. ..... 34 ad. I it: roil.: is 1i: 1 4 :t: " =."1: Sambre !f i ltd. I Do. 11. N., M. 4D. r 46 lip. laremboare .- .. 464lark la 'Low., OAP , a. 4 C1a1..1 ON. I Nana, 544 1.144 . • 4l 4 11.0edoe •S. Wafers.. TO Si Danboro of Pm.** lul I Do. Nom P... 0/ M .. • lip. Orloms mot 111•••••• Ib. Sae Da New, NC I/ I 130. N 44,471. .„ 10 Park 444 Orleans bu 411 34 lA. Am. 1 • 4031;...... 7 0 N P. 0 .1 awl 11110101 40 ' De de 11444........ 11 7p. II ANN and Nreo4o4gop 31 34. 1 A s4lp, IN.. ! 4 A. A. 40/ 4. 14 44mbre sag 11•444.... 74 i sles 41•44.4. 4 7 164.4 446 N 44.4....... 1 so. ss4 las IC is. • rim IfaiSin ... ..... 14 314. COMMERCIAL AND MARKETS. PRODUCE.—MINCING -LANs, JULY : 560 hbds. B. P. hare been sold at very full prim. Refined Tor rearket remains steady. Coffee In public sale 310 bogs Plantation Ceyka were offered, and about half said at former prices. Kim : 3,1100 bop Bengal were brought forward, and sold briskly at full price, ; good white, lfic Bd., 198.; Inferior quality at Ad. decline on forma quo. tiaras, 134. ed. Pimento : 90 hags sold at 41cL, 3d. Arrowroot: Na package, &vanilla were offered, and all bought in at 24d. Cottoa: 1301) bales sold at Arm prices. Tallow continues at former quids. dons. Tea: of 4000 packages in public sale, only 1.900 were sold a previous rates. COTTON.—LirvettrooL, Ic , LT B.—The market today was steady, with a turn in favour of buyers. 3, 0 0 0 bales were sold; 500 of which were for export. MAYCHEBTCE, J C LT B.—There is still • healthy fet=rl tbis market, but the business both In cloth and yarns is Ivry For the baldness that bar been done u decided udrance in prior bus been obtained ; and the remark made in a former notio e o f this nim bet applies—that there is a constant accumulation of orders la Os hands Magenta, and that more business would be door were k for the 'chance in prices as constantly keeping them out of the sr ler-t, by reason of their being restricted its to price. A gnat sag more mills bare started, and many of those running ohm dr ben extended their working hours to the limit of the new set 711 country homes are doing more banner, and their prceptets emMisi to heighten. IaiiSLASTERS' QUARTERLY MEETING.-Eti. JVILY a —The third of the meeting, of the Laaniatersk the current quarter has been held here to- ay. The anemias wn larger than has been !MI for two or three yews past. The railies to confirm in every particular that which appears under th is bit l bearing date Wolverhampton, in this day's Doily iNors. Praia prices will sauredly be very firm for many weeks to come; and which may be regarded as attributable to two causes—first, thi ti proving state of the trade of the itiCrict ; secondly, the circuities of large commienione for the oonUnent having arrived in this aay within theism month; consequent on which every Ma of iron ta CW.aunder prier, in !South Staffordshire or Shropshire, kw bo4 d ht up. It is satiatactory to be enabisd to state that age have been but kwelingates between the masters and the minersdmhe the last weeks, and that, all things considered, trading veratior proceed mare .aspiciorly. MEAT.—NIWOATE AND LIADENNALL, JILT & We bad • wry limited sappily at meat, while the demand Irsa am, at very full prices. Beef, from Y. Be. to 4s. rd. ; Mutton, k IM to Sa. 3d.; lamb,La 4a. 10d. to bra Mt.; Veal, 3s. lod to to ltd.; sad Pork, 3a. o 4a. lad. pet SIN, by the carcase. SHIPPING LV TELLIGENCE.—Matu. 3.32.ea.3R 3 NNW . . .0 I Hollawd . . 0 , 0 Doff kola 0ow11:1 Alexia LoI I Wswolted. .0 I Photon . . wept. . . Hansa I I Dosailladee . I have . . Monellke I W. leas . I 0 Opera 10rs. 00 Lwbow July 1010 Bowen sod 4 Brasl/ Aog. 0 ilawl/wg . 00 Madliwnwa. . 1.1, liner B.—AITIVed : Medway, Sydney; Nina, Antwerp; Pink, Dunkirk; Giraffe, City of Rotterdam, Magnet, Rotterdam; Ipswich, Monte Video; Stephany, Phenix, Riga ; Britannia, Am. tran ; CiaZ ik ßonlogne, Boulogne ; Antwerpen, Antwerp ; Triton, 0411.03 d ; BDbey ; Talbot, New Orleans ; Earl of Liverpool, C.3olo ; ookle thin William , Gottenburg ; James Watt, Havre ; Non Quinn, New Dieppe ; Laurel, Havre ; Raem b Hz. Bngm. Sailed : Lily, Guernsey ; Enchuareas, Malta ; Castle, Archangel ; P. H. Dean, Trieste ; Sobo, Antwerp ; Adelaide ; Harlequin, rinlogne ; Dour"; Csin ; Colander" Barre Malcolm, Bran" Queen, Newfoundland ; Omar, DruNk ; Desna, Barbados.; ilia, Newport; Comet, Madeira; Robert, Stettin ; Secrarlieki, Madeira ; Queen Femme, St. John's ; Fang I Oman, Sierra Leone. Lrv3aooot. 3r3v IL—Arrived: Eroy, Trieste; John Allan, Man; Smyrna; Myer, Loan, Faro, Santander; Aurora, Ilan. gare Pn t 'll n.,'Ortent ; Alexander, Linen; Rainbow, Arbutus, Cronin; Samuel, Margaret, Rig.; 'NT* Denuder., Antwerp; Maria, Cisien; Troubador, John Edward, Lord Hardinge, Bomhay ; Sarah Hen Junk River ; Neptune, Alexandria; diadem, (Intender; Mann Africa; Unicorn, Smyrna; Ttaimars, Maranbana.—Salled: Oran, Jamaica ; Roketri, Hong Kong ; Manchester, Bahia ; Mini" Mauritius; Socrates, Calcutta; ER Whitney, Macedonia, Baum; oak, Oeaoa ; Dennis, Maranhani; Peruvian, Africa; R. Willem" ValParalim R. Feel. Quebee. Off Charlene; Ii Stewart, New York; Kenn, Rienzi. [Adrertinement.] —ALL HEAVY, SLEEPY, DOTIT, AND APOPLMCTIC SYMPTOMS 1/11ITIMSTPLY ILIMOTED ST HOLLOW% Para—There bonen tame danger to be apprehended tren ale atat wallets ar a‘apieng thorn, any of the terestreg the swims air my heath ot tier Seek • NOM unit emenapeeset et the stoma& aad awe, aid dananerable • geed ewe et purity le the blood. Whet gee Is ge ne4 net a atanent druid be het in tekon a Nelsen ear then eilletaniel t T whialt eo thoroughly demo the her* eel while W S. th an wpm the her and other argon I =ebbed to phlegm pargy.-Bcold at Prier - FAtglighallaty 24- 4 etnaj L lAo4oll, sod by all =Ole gbh roughout the elegised 11.11111. AYL W ARD — Jot/ 3, fa th. Vie.ene. CUOMO, the ogle at the TM. Li Aylward. of • damittor. MACY HOC S 6-40.. 30, at Luffy Vicarage. the wUs 01 the Le. I.ekttosw, of • .3. 11111131A14.-4•13 7. at Hereford road. Weetbounte grove, oho lab of loahas•Joa., Esq., of • amtahter. 110/41001 —July 4. at 8440110 e. dm wile of C F. Bowser, Bra, of Boor 131.A1t 6, at Ware Vlouswe. Meru. lin lilkge4•l , DEANl.—duly 4:At 0. Wewboante VULts. 1 . 44415et0a, the tflif DOWN. Neg.. of • clavahtet. DUNLOP.—JaIy 4, at leitaborgh, the wlfe of A Dulos. 1040 . 00. " of • (lough... FOOLIS.—Jay I. .014110 am Tower, Bliatottrib, the wilt if $4 traL Foal/chart of Collagooa, of • ma. KORN L.--Jaly 7. ales. Beare Horse. of Maatawo.otaare, of a sea. elAitTlN.—Jagy at the Mee... , A th• yds ot the M. O. Ilhed. of twist. • ma mod • daogin the latter of *Mel Mar Mild tall o *ben 1111110. rU ItDOC it.—Jely 0,04 Bader Wml, the vita of c 3.wrk, of amtabter. PLATFAIIL—JoIy a, at ff, Casteluo Villas, Dams, Ife• LTse rWia. el • dattOtoo. FLUCKNITT.—JaIy 4. at Tavlsloelt Kew, Ilta I. Ptsekset, of ow. If (mina; rr.—Jatie 30, at Upeltarth Vicarage, Mt *llO of W Bat & Woodruff, of • soa CALLANDIR-I` .- Critieforth tow —_ of Busy, utt yawl COOPIII4—LOOKBY . . NARRIAGEO. —4AIMILL.—At Hilaborgb, J. H. OaOsseo , .4 ma AMlttoglao. so IMO Comobell. OK, of R. F. OWN. Alk4 o = . l . l . ll:A . ltrlt. Doke of Ou .. Ar i tyl% .b.,7. 0 M. 41.41.1•Somo.roasoot ‘lolotor of M B t. A. L.:4W 0 . 1 14." .41101441101 L—At Sombooka, LI., ea Otr T. 115. Wan. widow of K. Tboontoo. lip.. of Camp Hoofmr. • """"B"—WLLIIIL-4417 ot Lego. by lb. n0v.111.4 Juba Xt. J. 'loot* Mantuan. of Adel, to W 7. .14001 dooll.O. " Wall.. Zoo.. , of Leads. 100PO—WICH —At A•testloo, I. Hoop.. "". H.M.S. Tortoise to Karla Wickham, wood taught." of Ur 1510 0140{ Wickham. ILK. iIItROAKET—KONRO —July h. at Darla, Daft. P.J.KalenT to Ewa, widow of T. Ilona Kea , asd daughter of the We Yt Ir. Itmeell. Bart.. et Carlian•park. Olouthearehlre YO KILAY—SKITH.—JuIy C. at PAlabsrgh. John lama. Tar l Ala athriestrat. Leaps. to Marla, Ul,d daoskter of the la AMMO Stalih. Beh , Edlariargli. 10411—WA1313111.—Jaly I. I. A. Row, . KaagW, A , AI" .1 aaghter K the later Cat. A. Waal. Taita.a. lIKEPPARD—TOKI.I346OII —.Jody Aetalgary'r P. P. 011bert. K.L., ham, wag ea of Kr. illapparel, of a 10•PA—_ read la Malty an. weal amine, of W. B. Twltaa. ref the Oar._ TOWOOOD—SICKAILDW—Jaig at M. Lamm Kolas. Jee• ter' gal, la. of Canary. lane. Water. at 100. 11031 TAO" " e. of W. !What Akan* or Caswell Mat, Wiewbath MarA DILTHII. ZARKICIC.—taII 11. at Charing. Pram Aar, relict of Ms In 1111. tOO. .1.0 of Carla, and maw ot Batiatwan Kalmar, as 14 BOSTOCK.—JaIy A J. T. Hawk, los. of Nerthatiariaa. gamy, ead of UN Mt% Barham, aged 3. 000 P BK.—)all 11, at the Tower of Loaders, Jae. Shire dithlANd 4, Cooper. las OUP PIN ORK—Jelly 0, of typltne tem, at Kelalty. l 0 am. Mara plager, wee of the Kogan Catholic plaits alkthag at N. Anton. DAKTOK -toil 0, basal Data. Pao.. a Park Vriae RaK, 01001400. —t all as . d i f y or c lia/ beare v tliciter_of f Oravre r ia . n i. amel. (tid o, ad au end Mputy amen. t let o n , 00. 4 OIRAVIA—Jair A at Caawplacr, Brighton, Mary. 0110 af Z. B. aged 1.3. W SO, at Siebrith, Wirt Ithise, Lag. wifel." l* 5. /fall. HAKOCASTLE.—JaIy I. at Wathrford the Kew. C Macbeth@ 11• KT.—Jase 17, at karts Mgt , 1. W. Kart, the Pat. V 4 ;4,, KAOCARTKY.—At tharnawath. Hank Martha wife 05 0. Mas., gad daughter areal K. Pl2Fenk. K CLUAN.—JaIy I. at Bria r Kra ItClesa, apie 03. aff yr KAODONIIILL.—Jae 1, at Fiance., 11. Kmaaell, Ear A i r Berl W► Owthal Ortatral at Aldan. a el is Oar" PATTBILSON.—JaIy z a Gleag@vr, w. EAT. — Cileargew, aged 03 PiTEILL—JaIy lot Ilaleburgt. J. Peters Jos Bag herna a s Janie, Mem wes ot the Hita C. J. Paters, 11.0.0 aural the proviso@ of Kew Reurrala Ilw AA... Joss, et No. %WI CV, a Lorin. P.V.ffr .. ' t t rwhmeatli t Y, LW. tiatall sad fulcra . , the wile et ft , Nowsostase Tyis.l.-- ClO et lambs Oamlir et NI