The Express. — London, England, 1848-02-03 00:00:00

...that of Ryan (Peak), who is to die on Mon day newt THE CASHEL BEECH or MAOISTIIETEB.—The following here been, says the Evening Moil, the gentlemen who, within the last few years, usually attended this bench: — g • Long, father shot, himself twice fired at ,• W. Murphy, father shot hewsmuel Cooper, brother shot ; Leonard Keat ing, nep Mr. Scully, shot ; E. Scully, cousin, Mr. cully, shot ; Godfrey Taylor, cousin, Mr. Clarke, shot; Wm. Roe, shot ; C. Clarke, brother shot, a nephew', Mr. Rae, shot. SPECIAL COMMISSION. CLONMEL, MONDAY, JAN. 31. MYRDIR OP PATRICK GLEISSON.—Terence Corboy, aged '26, was indicted for the wilful murder of Patrick Gleeson, at Gurtnafanna, on the 17th of October, 1846. The indictment charged that the prisoner fired the shot which killed thedeceased ; and also that it wee fired by an unknown person. the prisoner having been present aiding and amid- Le g. It appeared from the statement of the Attorney- General teat the deceased had been in the habit of serving ejectreents, &c., for land agents, and that he was employed ' in serving . processes en the tenants on the lands of Gurtaa lanes, or in the neighbourhood, where he was killed. Some days before he was on the um* lands, and received a beat- ' big, and the prisoner was heard to my that he would shoot whoever cease again to serve law papers on the tenants.— Evidence would be produced to show that the fatal shot WO fired by the prisoner. Michael Murray, ,a soldier in the 31st Regt., said I re member the time Patrick Gleeson was killed, and knew the prisoner at the bar, Terence Corboy; he was in the employ ment of James Mars, a blacksmith, and on the Thursday before the murder said he would shoot the first man teat came to Gurtnafiutna to serve notices. He had a blunderbuss in the forge when he said that. On the neat Saturday I saw Gleeson on the lands, about eight or nine o'clock in the morning, passing on towards the Toomayara road. A crowd of women and children followed him. There were also three or four men in the crowd whom I followed. They were shout ing after him. When he passed J erryTanly's haggard, Terence Corboy came from the ditch, from the left heed side of the road, and asked him what brought him there. Corboy said he wanted to see John Cummins and other men. Well, said Corboy, you were bid not to come here any more. Gleeson bawled out to him, and bid him not to shoot him, but the prisoner said he had his life long enough, and drove the contents of the blunderbuss through him. Gleeson didn't fall, and the prisoner gave him a blow of the blun derbuss on the head and knocked him into the ditch ; ' he then gave him another rap at the butt of the ear ' and broke his skull. He gave him two blows while he was down. The women and the children were about fifteen or sixteen yards from him at the time. They moved off from him before the shot was fired. The prisoner's father bid the people go back, and asked where were they following the man. John Corboy, the father, was at that time stand ing inside the ditch from which the son came out. While the deceased. was lying in the ditch the prisoner threw a stone at him, and :truck him on some part of the body. I went up to the deceased after the prisoner went away, and he appeared to me to be dead ; I walked two or three yards with the prisoner when he was going away ; after that the prisoner came into a meadow where I was working, and we went home together; the prisoner was sometimes called Jerry M'Grath ; I enlisted about a year ago; before that I was taken up for the murder, and was kept in custody for three weeks or so.—Mr. Itolleeton read the witness's infor mations, and pointed out some contradictions between his swearing when he made them and now. Catherine Gleason deposed that she was the widow of the deceased ; some days before his death he went to Gurtnafanna to serve notices, and came home in the evening, having re ceived a beating; :In the Saturday he was killed be went to Gurtaafanna to serve papers, and about twelve o'clock she found him lying on some hay, with the police about him ; he was brought into Tooniavara, and died on the Thursday after ; he spoke to her before he died, and was sensible. Dr. E. Kitson deposed that on the day Gleason was shot he saw him, and found that the whole right aide of his head was smashed in; he removed the pressure, but that did not restore him to speech ; there was a gun shot wound on his right side, and after death three or four small balls were found in the liver; from the time witness first saw him till he died, he did not see him in a sensible state ; the wounds caused death; Dr. J. Kitson also saw the deceased, but he was then insensible also. The AttornerGeneral said the testimony of the doctor proved that whatever the deceased said to his wife or others after he was wounded could not be given in evidence. Michael Mars said On the day of the murder I met the deceased near Gurtnafanna ; after he passed me I saw Michael Murray (the soldier) following him ; there was also a number of women and children on the road ; I went into Bourke's and heard a shot. Bourke's is seven or eight perches from where Gleeson was shot. Bourke wean% in the house at the time the shot was fired.—Cross-examina tion : I didn't tell Murray not to strike the deceased, but I said to him—" Mick, take care what you're about, never mind that man, let him pass on with himself, I think bad of that man with respect to his brother ;" " Oh, never fear, Mick," said Murray. I then went into Bourke's, and heard the shot while I was there. Murray was continuing to follow Gleeson when I went into Bourke's. I spoke to Murray as I did, because I thought he had the appearance of going to beat the deceased. Murray was servant boy to Cummias before that. Judith Pouaden deposed that 'he was called out of he, house by one of her own children and saw the crowd — better than a hundred yards from , her, Old Carboy came out on the road, and bade the crowd stand back, and she thought he was going to save the man who was afterwards killed. She then saw young Corboy come out from the field and shoot the deceased with a blunderbuss, being ten or eleven yards from him at the time. The man didn't fall after the shot, and the prisoner struck him on the head with the blunderbuss, and knocked him down. lie struck him a second blow when he was down, and then went away. She thinks she saw Murray (the soldier) cross the fields in lam than a quarter of an hour after, with a blunderbuss in his hand, but she didn't recollect seeing him on the road before the man was shot. John Cleary swore that before Christmas, 1846, he was in the same vessel with the prisoner, going to Wales. The prisoner told him at first that his name was Patrick Ryan; and during a storm that arose on the passage he was con tinually on his knees, and appeared to be greatly afraid. After they reached Newport the prisoner told him that his real name was Terence Corboy, and that he killed a man named Patrick Gleeson with a blunderbuss. He also said that they made up 51. for him, to take him out of the country.—Cross-examined: Corboy told him that Gleeson was serving processes, and that he shot him. He said there were four of them wa tching him on different roads. Gleeson did not come by the road he was watching, and that he ran over to where he heard he was ; that ho saw women and children running after him, pelting with mud, and that he jumped on the ditch,bsde them ail stand back, and then shot Gleeson. I beard that the paper about the reward said there was to be 1001. for taking Corboy, and what more did I want to hear? (Laughter.) Henry Browne said—l was in the police as head con stable in April, 1848, and arrested the prisoner in South Wales in that month. I traced him by the name of Ryan. I was in disguise, and asked him if his name was not Terence Corboy. He was in a lodging-house at the time, and when I asked him if that was not his name, he said to other Irish. men in the room, " Oh, boys, I was always unfortunate — I'm a done man. Whoever is born to ba hanged can never be drowned." I cautioned him upon that not to say any thing to criminate himself.—Crass-examitted . I had a con versation with the deceased, after he was shot in Toomavara, and he appeared to me to be of sound mind then. Ile said it was Cummins's son and a boy that killed him; that he was met by some persons who asked him what brought him to the country doing harm; that he said, "No harm, blackguards," and was then knocked down and afterwards shot. The witness said he took a memorandum of the cir cumstance, which he then had in court. After some discussion the witness was permitted to read the memorandum he took of what deceased had said. It appeared that the conversation was on two days,Tuesilayand Wednesday. He stated that he was warned off at Cummins's gate, that Cummins's young son, a boy, murdered him, and that the prisoner desired them to finish him. He appeared to the witness to he in a sensible state. He repeated the Lord's prayer, and asked his wife about who was keeping her there, and on her replying that it was constable Browne, he said " God, bless hiu , ' Before ohs conversation with the deceased, witness told him to tell the truth, as be VIM shortly to appear before God.—To the court : The conversation was held at different times, as the man used to fall off into a slumber frequently.— Mr. Relleston : Did he way it was Cummins's servant boy ?—Witness: He did cot. Son and boy were the words he used.—Court This is an endeavour to shift the crime from the prisoner at the bar upon another.—Mr. Rolleston : I admit it is; but Cummins's son is mentioned in the indict ment. My object is to shift the crime upon Murray.—The Attorney-General stated that, in consequence of the exami nation of the head constable, w to the conversation with the deceased alter the attack, he would call the brother of the deceased, who was present at the conversation. Thomas Gleeson—l am brother to the deceased. On the Tuesday alter he was wounded I had a conversation with him in the police barrack. He said Corboy shot him, and that Cummins's son struck him on the bead with a stone. — The Chief justice said this evidence was not admissible. After the testimony given by the doctor as to the man's state, evidence of his conversation would not be permitted; but this evidence of what he said was pressed by the pri soner's counsel. The crown now offered similar evidence, but it could not be admitted. These circumsta nces showed how dangerous it was to depart frem the strict rules of evi dence in a criminal came.—Mr. Rolleaton asked his lordship to take a note that he required the evidence given by Con stable Browne to be admitted.—The, court declined to do this. Mr. Rolieston addressed the jury for the defence. He re minded them that two men had been convicted at the pre- I sent commission upon a dying declaration, and. he called on them to give the prisoners the benefit of the declaration made by Gleason in the presence of the head-constable, when he said that Curamias's son and boy were the persons who killed him.—The Chief Justice said the conversation alluded to by the prisoner's counsel had not the form of a dying declaration, and that he would feel bound to tell the jury !IC James Cash : After the shot I saw Murray running across the field, his shoes in one hand and a short gun in the other. That was within two fields of where the man was shot. I was working in a field behind Tonhy's haggard at the time. I did not see Corboy there at all, nor any crowd until after the man was shot. I never was a day or a night on my keeping for this. I took no put in the beating of Gleeson before he was killed. The. defence having closed here, and the Solicitor-General having replied on the part of the prosecution, the Chief Just ee charged the jury, and left them to attach what value they Considered it was worth to the declaration made by the deoeased.—The jury retired, and in about two minutes found the prisoner guilty.—lie was then removed. MOLDER OF WILLIAM CILAMIIIS. ClECOM rumcm.—Ahot Hoyden was placed at the bar charged with the murder of William Crawley. When asked to plead the prisoner made ne reply.—The governor of the gaol said the prisoner had not spoken a word since he was fully com mitted, about three months ago.—Chief Justice : Explain to him the meaning of this; ask him to plead to the indict- ' ment.—Tini governor then told the prisoner the nature of the proceeding, and asked him whether be was guilty or not guilty; but he sill made no reply. There was no one em ployed for him.—Chief Justice : Mr. Attorney, what will you do?—Attorney•Gleneral : I have been speaking to the medical gentleman who attends the gaol, and he has told me that he believes all this to be feigned on the part of the Prisoner.—Chief Justice: Well, you know what the law enables you to do in such a case. 7 htMeney : General : Yes, my lord; but as the doctor is of opinion that it would bebettar to allow some time to 'zombie the matter more fully, I I think it would be well to postpone the case till the assizes.— Chief Justice : Very well, let the present indictment be quashed.—Attorney- Gene ral : Yes, that can be done, and a new bill can be preferred at the sashes.—The bill of the in dictment was then quashed.—The prisoner, who is rather a ' well-lookloq young man, about 26 years of age, wwthen re moved. It is said that when first committed to gaol he ! spoke, but he has not uttered a word since he was fully com mitted. _ _ - . ikIOGTING AT MR. BATLY.-0/1 Saturday evening, says our correspondent, I forwarded the coadirion of the trial of the prisoners arraigned for this offence. It has been seen that Rowan was charged with having fired the shot which wounded Mr. Bayly, but the only evidence to support the charge being that of an approver, who swore that Rowan had boasted of having discharged the shot, the jury acquitted him, the testimony of the approver not having been corroborated. The crown, it seems, calculated that this witness would not be looked upon in the light of an approver, but that his evidence would be received in cor roboration of that to be given by the first approver pro duced. But the court having decided that both should be viewed as approvers, and as there was nothing to corrobo rate the evidence against Rowan on the material point, the case against him failed, and his acquittal was the conse quence. It is now said that his counsel, Mr. Rolleston, is to move an arrest of judgment on behalf of Daly, the man found guilty of having been present, aiding . and assisting Rowan when he fired the shot, which the jury have, by their verdict, found that he did not fire. However the question may be disposed of in compliance with the law, it would seem rather odd that a man could be held to have aided and assisted another to do that which it is decided he did not do. I believe sentence will not be passed upon the man capitally convicted until the last day the judges sit here, perhaps on Wednesday. CLONMEL, FES. I. The Lord Chief Justice sat alone this morning, at half past 10 o'clock, the Chief Baron being still confined to the CAPITAL CONVICT/ONS.—SENTENCES lIPON FIVE CON VICTS.—The several prisoners convicted in the course of last week of capital offences, having been placed at the bar to re ceive sentence, The clerk of the crown asked them if they had anything to say why sentence of death and execution should not be pronounced upon them. All the prisoners remained perfectly silent but two, John Lonergan, who said—" A long day, my lord,"—and Henry Cody, who in speaking of his brother and himself, replied that they were not guilty. The Chief :notice then put on the black cap, and addressed them as follows : John Lonergan, you have been indicted and found guilty of the wilful and deliberate murder of Mr. William Roe. Henry and Philip Cody, you have both been indicted and found guilty of the wilful murder of Edward Madden. Terence Corboy, you have been found guilty of a like crime, of the murder of Patrick Gleeion • and y ou , John Daly, of a malicious assault upon Mr. Rich a rd L make Beaty, with intent to murder him. In point of fact you are all murderers, for although the life of Mr. Reilly has been, by the mercy of God, preserved, you, John Daly, have been found guilty of having made an attack on him which endangered his life—an attack with intent to murder ; you are, therefore, amurderer in intention, although, by the mercy of God, not in act. I feel it impossible to conceive a more awful or heartrending spec. tade than you all now represent. Five men in the prime of life—in the vigour of manhood—stand at that bar to hear a sentence by which their days will be numbered and their lives cut short. I would that, in the consideration of any of your cases, I could discover one mitigating fact — one gleam of humanity ; but I am bound to say that the eases of one and all of you present instances of crime of the most atrocious character, instigated by a vindictive and sanguinary spirit. In every one of your cases there was deep premeditation, and a long interval between the formation and execution of your mur derous designs—an interval, God knows, long enough to have awakened in you some sense of pity or compassion — some degree of compunction or remorse—but all failed : you went forward to your fell and deadly purpose—and that purpeee was accomplished by desperate means. Incorrigibly wicked were the hearts of those who plotted and executed these atrocious deeds. The whole course of your crimes have been marked by unrelenting cruelty, and by that cowardice which is always attendant on a cruelly vindictive spirit. You armed yourselves with deadly weapons—you lay in wait for your victims—you took them when they were not prepared—when they were defenceless ; when they were incapable of resisting ; when they expected no danger, you sent them, with ell their sins on their heads, into the presence of Almighty God. If I were to review in detail the proceedings on every one of your trials, I could point out instance upon instance that prove the power of Almighty God in producing accidents, and bringing accidents of the most trifling character to bear upon the one great end—that of bringing murderers to justice —that of revealing and establishing the truth. There are other classes who ought to take a lesson of warning from your fate. There are those who have taught you to avenge your own wrongs—who have justified, palliated, and excused your crimes, and who must be responsible for the consequences — the consequences exhibited in your drea ful cases. Such doctrines, and such teaching has, as far as any effect can be produced, been the cause. There is another class to whom I must advert, and my wonder is that all that has occurred has made no impression on them. Some of you have wives—some have parents—some have children—all have friends and relatives. Have they done their duty ? Have they warned you against the crimes that have brought you to destruction ? Have they known your designs —and have they warned you against the perpetration of them ? Have they endeavoured to prevent you? Have they en deavoured by their influence to save you ? Sorry am I to say, from what I have observed, that friends and relatives — those to whom you ought to be true, and with whom your pro. tection ought to be the first object—have actively concurred in bringing you to the place where you S now stand; because if they did not prevent, they have in some degree caused three crimes which brought you here. Let your fate be a warning to them, and whatever may be the calamity and affliction which your death visits on friends and relatives — let it be to others a warning in criminal cases actively to interfere, and, when they can, by their influence save from destruction those who are going in the same path. lam now about to pronounce the dreadful sentence of the law, which consigns you all to an ignominious death—and which' consigns you, as convicted murderers, to an ignominious burial; your remains—the law says—must be buried, and your graves must be "within the precincts of a gaol." There you will lie, side by side with murderers, and your ashes will moulder and mingle with theirs until the final day of judgment, " when the trumpet shall sound, and the dead shall be raised." Upon you it depends whether that trumpet shall summon you to hear a sentence of forgiveness and of mercy, or a sentence of everlasting woe and misery ; use, therefore, that time which yet remains to you, to " pre pare to meet your God." Short as it is, a sincere repentance foryour past sins will be sufficient to effect a reconciliation with your offended Maker. His lordship in con clusion sentenced the five prisoners to be hanged— John Lonergan, Henry Cody, and Philip Cody, on the Ist of arch, and John Daly and Terence Corboy on the 4th of the same month ; all the convicts to be buried within the precincts of the gaol in which they were confined since their cons iction, with the ex ception of Daly, whose crime did not terminate in the loss of life. The unfortunate men were then removed, without utter ing a syllable to the court or to one another. They ap. peered to be Yvvfevtil vt , Tnified, and moved wildly round, exhibiting a greater degree ot terror than has been dis played by any of the parties similarly placed during the commission. ATTACKING A DWELLING -ROME ARMED.— Patrick Rourke, Daniel Tierney, John Gorman, John Smith, and Edward Hogan, all young men under 24 years of age, were indicted for attacking the habitation of William Ralph, at Coolbawn, in this county, in the month of November last —1 Evidence having been given, the jury convicted the pri soners, who were sentenced to 18 months' imprisonment each. TEE COERCION BILL.—John Kennedy, a 'young man about 25 years of age, was indicted for a breach of the late act of parliament , by having a pistol in his possession, in a proclaimed district, he not being duly authorised to carry arms.—The prisoner pleaded guilty, and put in documents to show that he was ignorant of the law.—His lordship sen tenced the prisoner to a fortnight's imprisonment. AMOVIINMENT OF THE CONNINAION.—The Hon. Mr. Prittic (foreman of the grand jury) having come into court and asked if there were more bills to be sent before them, The Attorney General replied in the negative ; but stated that he proposed moving an adjournment of the commission before his lordship rose. The Chief Justice . Then, aentlemen, for the present, you are excused from attending. If your services are again re quired, you will get proper notice. The grand jury here retired. SCOTLAND. Eniweracor, FED. 1. As the time for the re-assembling of parliament draws near there is a marked intensity of feeling ex hibited as to educational reform. The parties in this movement are, Ist, George Combe, the Messrs. Chambers and their adherents, who seek a national system as the only means of carrying out their edu cational code; 2nd, Ta it's Maga:ine and the Scotsman, who contend for it as a measure necessary for poli tical equality ; and, lastly, the voluntary dissenters, who hold the national plan as the only one compatible with denominational independence. " If," says the new number of the United Prestyteriam Magasinc "we sit tamely by, an establish ed church and a free church school will be set down in every parish by the aid of public money—to neither of which we may be willing to send our children." None THE EXPRESS, THURSDAY EVENING, FEBRUARY 3, 1848. of the three, it will be observed, sympa thise with the Baines school; they all appear to recognise the fundamental principle that the state which punishes is bound to educate the criminal, bat this education, so far as the state is to supply it, they would have to be wholly secular, leaving the office of teacher open to all sects, and allowing the religious portion of tuition to be provided by parents and clergymen. The parochial teachers, as a body, was' opposed oto ccdo to the privy council minutes, only one presbytery of the church having made a move meat in its favour, and that movement only in rela tion to some of the schools within its bounds. The free church party will work the scheme, but it is evi dent that they have all along had doubts and mia- 1 giving', and nothing but the incipiency of their echo biotic plans would have caused them to commit them-1 selves so far to it as they have done. Then beyond the free church the other dissenters are opponents in tato. The differential usages of England and Scotland are such that the fag end of a scheme concocted for the former will not suit the other. Ten or twenty years ago the minutes might have done, but now they fall upon a divided country, whose sores require something', more than time. It will not do to lie upon oars under the impression that Scotland is an educated nation.' Of 4,069 criminals in 1846, 903 could neither read nor write, and 2,424 could do both imperfectly. If 300,000 are assumed as the number who ought to attend school in Scotland, not one-fourth of that number will be found in the parochial schools. As to funds, inquiry must be made into the unappropri ated teinds. According to the religious instruction report of 1837, there are 436 parishes in which the teinds are not applied to churches or schools, but for which they are still chargeable. The total amount • of these is 153,928/. 9s. 11d., the crown holding 15,7411. 12s. 5d., of which 5,5.591. 7s. 9d. is only ap plied to national objects, the balance of 10,1821. 4s. Bd. being leased to private parties, who account very perfunctorily far the trust. CONIC/MONS ET THE LORD-LIEUTENANT OF AROYLL.— Earl Compton, Hon. A. H. MacDonald Moreton, N. Mel calm, Esq., S. I. Popham, Esq., A. Campbell, of Auchia darrach, En., A. J. Lamont, Efq., A. Campbell, of .Monzie, Esq., M. Maclaine, Esq. D. Mac Neil, Es q., to be Deputy Lieutenants. BURNING A WILL.-At the High Court of Justiciary, on Monday, John Rattray, Coralbenk, Perthshire, his wife, James Pringle, Oraymount, his wife, and Misses E. and J. Duffus, residing at Erichtbank, were charged with con spiring to obtain and destroy the will of William Hutchison, writer in Forfar, uncle of the females at the bar, who exe cuted • trust-disposition and settlement on the 2n.1 of October, 1847, whereby he, inter alia, appointed certain trustees therein named to pay, after his decease, to his said nieces, annuities varying from 2001. to 2501. each, and in case of any of their decease, to dis poni) or pay the fee of the residue of his whole heritable and moveable estate to the lawful children of the said nieces, in the proportions and under the limitation specified in the deed of settlement; and the said William Hutchison having died on the oth October, 1847, without having revoked said deed, the parties at the bar did, on the 16th October, obtain possession of it, and did all or each of them destroy said deed, by burning . the same, with intent to injure or defraud the other parties interested. The accused parties, who had been on bail, having taken their seats, they each pleaded guilty.—After a few obeerra tions from Lord Moncrieff and Lord Medwyn, the Lord Justice-Clerk pasted sentence of three months' imprison ment on each of the accused. Bishop of Exeter refuses to institute to the living of Bramp ford Spoke, on the presentation of the crown (and whom be has harassed by an examination of several days, one day ens tinning it eleven hours and a half ), is a clergyman of 37 years' standing in the ministry, and graduated with high honours at Cambridge. He obtained all the prises in his college whilst an under-graduate. Iu 1808 he gained the University medal for ' The Monisian Divinity Essay,' before he had taken his degrees ; and • divinity prize in his college soon after. In 1809 he was the third wrangler, and divided the Smith's prize (the highest mathematical honour the University has to bestow on her alumni) with the senior wrangler, the pre sent Judge Alderson. He was immediately selected by the late Mr. Wilberforce and the Dean of Carlisle as tutor to a distinguished nobleman. In 1810 he was elected fellow of Queens' College, and he retained that preferment 17 yearn. In 1820 he was offered the senior tutorship, but declined it, being engaged in ministerial work. He was the only com petitor with Professor Sedgwick for the geological chair. His literary, scientific, and theological attainments induced the late Lord Chaneedor Lyndhurst to give hint the valu able living of St. Just, is Cornwall, worth more than 5001. • year; but the situation in some respects not being con genial, Mr. Gorham gladly accepted, on the presentation of the Crown, the living of Brampford Speke, although the in come is nearly 300/. per annum leas. Mr. Gorham has always been respected by. and on the most friendly terms with, the four bishops in whose dioceses he hes at different times had ministerial duty. And this is the man whom the Bishop of Exeter scruples to admit on the presentation of the Crown to the vicarage of Brampford Spoke. When the presenta tion was tendered to the bishop he said nothing about exa mination, allowed Mr. Gorham to return into Cornwall, pack up his furniture, and make all necessary arrangements for the removal of his family, and when institution was de manded it was refused, until the bishop had examined Mr. Gorham. Mr. Gorham went to Exeter for the purpose of being examined, but the bishop declined doing so until after his return from London, and appointed Mr. Gorham to wait on him at Bishopetowe. The bishop kept Mr. Gorham waiting a whole month at Torquay for his threatened examination, whilst he was lingering in London,' and endeavouring to check the Queen and her ministers in another diocese, neglecting this urgent business in his own. The bishop first tried to poison the ear of the Lord Chancellor, by inscribing on Mr. Gorham's testimonials an insinuation of his doctrine not being pure; but Lord Cottenham was too honourable • man to listen to such aspersions, and presented the living to Mr. Gorham, notwithstanding the bishop's remonstrance . Now the real offence committed by Mr. Gorham was, that he successfully opposed the bishop's attempt to prevent his appointing • curate who did not hold the bishop's favourite dogma of baptismal regeneration, and Mr. Gorham, then in corre spondence with the bishop, declared, in respectful but firm language, he would oppose tractarian error in every form and by every means in his power. The bishop denounced this independent presbyter, who dared to uphold the doctrines of the reforma tion, as a man of broken vows, and seised on the earliest opportunity of reprisal, by summoning Mr. Gorham to Bishopstowe for examination, which, under protest, Mr. Gorham submitted to. and replied at great length to seventy eight questions, on the above subject of baptismal regenera tion. The bishop was little aware of the firm Christian spirit, and the intellectual superiority of the man whom he had forged into conflict with him, and on the third day of the examination the bishop intimated that if Mr. Gorham would not publishtbe correspondence the examination should tirminate favourably. But Mr. Gorham felt that the interests of the church were too deeply involved in this proceeding to think of his own welfare primarily, and, nothing daunted b the bishop, he declined making such a stipulation, ana the examination was continued with increased acri mony, until Mr. Gorham's physical strength failed, and he was obliged to suspend examination at Bishop. stowe, although it was continued in Torquay ; for the bishop sent him eight questions of enormous length, and " Cardall's Conferences" to read, and give his opinion in writing. On Friday, the 7th, Mr. Gorham again applied for institution, which was refused until further examination had taken place, and Mr. Gorham was summoned to Bishopstowe on Monday, the 10th, and peremptorily ordered to reply categorically to the questions that might be proposed. Having already been detained three months from his parish and family on this business, and being convinced the bishop did not mean to institute, but to harass him still farther, Mr. Gorham departed to London on Monday, the 10th, to seek legal redress, and the whole correspondence and exami nation will soon be before the public." _BOMEILUTSHIRIK. THE DUNDEL 117171tDElt.io seventh day's ex amination of the prisoners Benjamin end James Hazen, on a charge of murdering their uncle, Mr. Walsingham Hazel!, took place yesterday at the Angel Inn, Ashton. Thomas Capell was again subjected to a very lengthened examina tion in reference to various points of his former testimony. lie described the ladder in the stable as being about 9 or 10 feet long, and made of two pieces of quarter, with strips of wood nailed across it. It was a moveable ladder, and was sometimes used to carry hay into the loft without bringing it through the stable. Witness thought it possible that a person might on the Monday have gone into or out of either the well barton or the cow barton without his seeing them, as he was engaged in thrashing ; but he did not think it likely. About five minutes after he saw his master pass the barn-door witness heard conversation in the direction of the stable or colts' house door. He thought at the time, and still thought, that the conversation was between his master and the Hazel's. It might have been about five minutes before his master paused down that the sprisnnere were standing talking by the colts'-house door. It was not an unusual thing for the two prisoners to be about for the whole evening, or day together. Benjamin was a visitor at the farm, but James usually tended the horses, milked, sad worked about the farm. The deceased had not passed the barn more than two minutes or a minute and a half before witness heard the wuvereation by the colts'-house. In about half an hour after that Vowles (the other workman) left the barn, and witness left in about ten minutes or a Quarter of an hour, and went to folder the cattle. While in the barn witness saw the prisoners go backwards and for wards to the tartan before they called him to go foddering. Saw James pass with a milking-pail. Had no thought but that they were about their usual work. Should think that if his master had passed out of the barton either he or Vowles must have seen him. When wit ness left the barn he left the barley which he had been thrashing during the afternoon on the floor, where it might have been trampled on. There are holes in the wall of the barn in which witness used to put his dinner and tools. Remembered seeing some leggings there. Saw them the Saturday before deceased was missed. Saw them also on the morning of his disappemance, and on the Wed nesday following. The witness was then examined as to his assisting to clean the stable on the Tuesday and Wednesday mornings, and repeated substantially his former testimony. In addition he stated, that when he got there on Tuesday morning Benjamin was throwing up the strew from the horse's bed under the manger. The bludgeon found by Hall in the milieu was cut by witness from the log pile, and was used to prop up carts while the wheels were being greased. The last time he saw it before Hall produced it was 8 or 9 days before the Monday,when it was propping up a cart between the colts'-house door and the well. The wit ness S. Vowles was recalled and cross-examined at consider- able length ; but the greater part of his testimony has been already anticipated. He stated, in addition, that the pig killed on the farm, to which one of the prisoners had referred as accounting for the blood on his clothes, was killed in the well barton by Capell. They never killed pigs, or sheep, or anything in the stable. The pig was killed on the Thurs day week before. If he had not been sent to Mr. Ballad's on Monday evening he should have assisted in cleaning the stable.—The examination was proceeding when our parcel was despatched, at four o'clock. PROVINCIAL. LOCASITIRE. THE LIVERPOOL Rostvz CLUB.—On Tuesday even ing the first soiree of an institution of a social and literary character, taking the name of the Roscoe Club, recently formed, and which, since its formation, in regard to numbeis at least has met with almost unexampled success, was held at the Concert-hall, in Liverpool. The chair was occupied by H. R. Sandbach, the president, and about 300 or 400 ladies and gentlemen were present. Unfortunately the soirée was not honoured with the attendance of any of the distinguished littjraletirs who had been invited, but ad dresses were delivered by several gentlemen of local in. fluent* and character. _ YORKSHIRE, POISONING DT IMPROPER MItDTCINE.—The ad journed inquiry into the cause of the deattugof John William and Alfred, the twin children of John Ryan, a dyer'. labourer, on Sunday week, was resumed on Monday after noon, at the Court-house, Leeds.—Mrs. Ryan, the mother of the deceased, proved that she bad purchased two powders for her little boys. When she got home she put the powders over the fire-place, calling her husband's attention to them, and telling him that they were for the children to take in the morning. Sho had bought powders before for the same purpose at the same shop, and the young man then told her to give them in sugar, and to give no liquid tor halt an hour atter. On this occasion she was told to mix the powders with a little treacle, but as they had none her husband gave them in tea.—Mr. Allinson, the house surgeon at the Leeds General Infirmary, said that the children were brought there about half-past eleven o'clock lon Sunday forenoon week. Alfred was rather more 'typi fied than the other, but both were asleep and breathing hardly. They had all the appearance of haring taken some preparation of opium. Ho applied the stomach-pump to Alfred, but did not succeed very well. It was subsequently applied to the other boy with better "emcees. The liquid that was ejected smelt of coffee. The pupils of the eyes were contracted, and there was some cold ness at the extremities. They both died between five and six o'clock on the Sunday evening. In the afternoon of the following day he made a post mortem examination of the bodies. There was much congestion of the brain. The lungs were generally healthy, but a little congated.— Mr. West, F.R.S., chemist, stated that he had analysed the contents of the stomachs, which had been sent to him. He first satisfied himself of the absence of mineral poisons, and then he detected the presence of morphia, which was not only the active principle of opium, but one of those prin ciples which denoted the presence of opium. Ile could not attempt to weigh it, but, from such grounds as the cue admitted of, he thought there might be three or four grains of one of the forms of morphia in each stomach. The morphia appeared to be in solution.—Mr. Albumen said that three grams of morphia, if the quality was good, would be a poisonous date for such young chil dren.—The Coroner then summed up the case, and the jury, after a short consultation, returned a verdict in each case of " Homicide by misadventure," and accompanied their verdict with a strong recommendation to Messrs. Bell and Brooke, and to all other druggists, to keep all poisonous drugs in a separate compartment, and to have them marked by some prominent distinguishing character. WAX— Jllxvisll DISABILITIES.—Thu Mends of civil and religious liberty held a meeting at Birmingham, yesterday, to consider the propriety of petitioning Ppar~liaamment in favour of the bill now before it, for the removal of the civil dis abilities of the Jews. Mr. Ald. Martineau presided, and after speeches from Mr. Scholefield, M.P., Dr. Raphael, the Jew ish rabbi, and other gentlemen, the following petition was unanimously adopted:" That your petitioners have heard with great satisfaction that a bill is about to be introduced into your right honourable house for the removal of the civil disabilities under which her Majesty's Jewish subjects la bour. That your petitioners consider these disabilities very unjust and inexpedient, and therefore in contradiction alike of the spirit of religion and the British constitution." The Marquis of Lansdowne is to be entrusted with the petition to the House of Lords, and the borough members with that to:the commons. MIDLAND FREEIIOLD LAND ASSOCIATION.—Thie association, formed in September last, for the purpose of enabling mechanics, and others in similar circumstances, to passers , themselves, for a small consideration, of the county franchise, held a soiree In the Music Hail ac Dheed.g lumen Tuesday night, William Scholefield, Esq., M.P., pre siding. The report showed that upwards of GOO persona had already become members of the institution; these, by the payment of a sum amounting to about Is. Old. per week, Will be entitled, at the expiration of lain than four years (according to the first purchase of land), to a free hold of the value of 455. per annum. In the course of his speech, the honourable chairman' said that in one sense the institution held out advantages which savings banks and benefit clubs did not—it had a political object; and he used that phrase, not in • narrow and party spirit, but in its widest sense—implying that every man had an interest, and ought to exercise it, in the good government of his country. He bad no idea of politics being cultivated merely for the purpose of excitement, or for the gratification of personal ambition ; but if they were made available to the promotion of the moral and religious condition of the people. he conceived that a more ennobling duty it would be im possible for a man to discharge. There were some political questions at least in which all were concerned—for instance, there was a talk of increasing the national defences by an expenditure of two or three millions of money additional, but before that was done, it would be as well the poor people should have something to defend beyond union workhouses. Then there was the income-tax to be not only re-imposed, but augmented, with all its un just provisions. These were matters which showed the urgency of the people availing themselves of that suffrage which for a small consideration the law gave to them. He said that, irrespective of party politics, he was one of these who thought that every man of mature age was entitled to a full share of political rights; unfortunately the law said No;" but at least the means were afforded by which every man might imam himself of that which he believed was unjustly withheld from him. The county franchise had been shown to be a great weapon in the hands of the masses : in his opinion it might be very much further extended with usefulness, and the means were effectually and intelligibly presented by such an association as this.— Mr. Ald. NVeston, and Councillors Baldwin and Collins, subsequently p. addressed the meeting, and resolutions were to the effect that, as the association had it in view to increase the happiness of its members by enabling them to improve their social condition, and by habits of frugality to obtain for themselves a voice in the election of the Commons House of Parliament, the meeting pledged itself to co-operate in promoting its principles and objects. - DEVONSHIRE. THE BISHOP OF Ex ETER AND TUE VICAR OF BLIMP FORD SPEEE.—The following statement is taken from the Wotan Times ;—" DSr. Gorham, the clergymen whom the NAVAL • WOOLIVICTI, FEB. 2.—The Enterprise, fitting at Messrs. Green's yard, at Wackwall. as one of the ships that are to be despatched in search of Sir John Franklin and his brave companions, was commissioned yesterday by Capt. Sir James C. Roes. ADMIRILLTS, Fen. 2.—PROMOTIONS.—Masters Second- Masters H. J. Ellis and G. H. Forster.—Ar roiNtmENTs.— Commander H. Caldwell, to Powerful—Lieutenanti : F. H. Shortt to Powerful, and W. R. Smith to Blenheim.— Surgeon E. Evans, to Star.—Assistant-Surgeons: W. Crawford, confirmed to Medea; J. E. Hamilton, con aro,oa to Rhagavvc O. Cloy'. to Dovostoll.o.. J. Mu, - p hy, to Victory. Acting-Surgeon : R. Irvine, to San I Josef.—Second-Master: S. Court, to Enterprise.—Clerk G. W. Anderson, to Trafalgar.—Midshipmen: J. L. Mac leod, to Prince Regent —Naval Cadets E. F. C. S. de Rutsen and A. J. Stotberd to Wellesley, and J. Grant to Sts. SPORTING. INTELLIGENCE EXTRA.—MaNCrtxamn, IS4B. WEONF.ADAY, JUNE 14.—HANDICAP FOR THE MAN CIIESrza TRADES Cup; sft if declared on er before Feb. 14.—Burgundy, Set 121 b ; Chanticleer, Bst 101 b ; Inherit ress, Bet 81b; Cawroush, Bst Glb ; Lightning, Sat 41 6 ; Pan tasa, Set 41b ; Conjuror, Sot 2lb ; Lady W' lair, Bst; Grim ston, Sst ; Rowena, Tat 1316; Morpeth, Tat 121 b; Sheraton, ist 101 b; Mathematician, 7st 1016; Giselle, ist 916 ; Fore closure, 7st 916; Newcourt, ist Sib; The Widow, 7st 816 ; Vanish, 7st 71b; Sheraton, Tat 71b; Plaudit, 7st 6 b; Fitz william Tot Ennui, 7st 31b ; Joe o' Sot, Tot 316 ; Peep o' Day i3oy, Tot 311; Tom Tough, let 21b; Woodpecker, let 21h; Reminiscence, ist 21b; Administrator, let 21b; Best of Three, ist ; Gannet, let ; Blue Light, ist ; In trepid, Get 121 - Marquis of Conyngham, Est 121 b; Mari , etta, Got 1216; Bingham, Get 121 b; Montpensier, Gst 121 b; Keleohe, Gst 121 b; Gaiety, Gst 1216; Sutlej, Gst 1116 ; Little Mary, Gst 111 h; Louisa Newell, fist Illb ; Magnet, Get 111 6 ; Maid of Motherwell, Get 1116; Executor, Est Illb ; Black Dwarf, Gst 111 h ; Geraldine, Gst 1016; Maid of Lyme, Gst 101 b; Mirmillo, bat 1016; Riesthorp,Gst 1016; Malt, Get Sib; Harry, Gst 916; All's Well, Gst 816; Erin.go-bragh, Gst S:b ; Meaux, Gat 81b ; Comme U taut, Get Glb ; Panto mime, fist 51b; Chemisette, Got 416 ; King of the Forest, Est 416; Sally Mag., Get 21b; Milliner, Est; lonia, Got; In fringe, Gst; Sultana, Get; Lady Hylds, Est; Brandyface, Gst Delorelne, Gat; Enchanter, Get; Smuggler Bill, sst 13lb; Marlow, sst 1316; Sire of Mahon, .et 816; Mn. Taft, sst 716 ; Shylock, Set 4 lb; King of Kildare, sst 7th; Tuscan, let 7th; Snuffbox, lot 71h; b c by the Saddler out of Cempfollower, sst lib; Prince Charley, sst ilb ; Marine, sst nb ; Good Boy, sst 316 ; Miss Harrison, sst 31b ; Otter burn, Oat; Swiss Boy, Sat ; The Idol, 4st 12 16 ; b f by Tory Boy out of Maid of Menton, 4st 121 b; Glen Saddell, 4st gib; Referee, ist 416. THURSDAT.—HANDICAP FOR THE ST. LEGER STAKES.— Benincol, Set 716 ; Jock o' Haxeldean, Bst 71b ; Mariner, Sat 71b ; Bellenden, Bst 416 ; Matadore, Set 21h ; Otterbnnii Bst 21h ; Swiss Boy, Set ; Landroet, Bst ; Rockley, Bet ; gr by Robin Gray, out of Queen of Carthage, 7st 131 b ; Jest, 7st 111 b ; Snowball , ist 1016 Mr. Caudle, let 101 b ; En chantress, ist 511 ; Referee, let 51b ; c by Dion:Ling Stat out Of Lady Fumes, ist. RACES, 1848. TURSDAT.—ACCRPTANCLB FOR THE CHM= CCP.— Pyrrhus the First, 64 1210 ; Coessek, 94 sib; Mendicant, 84 710; Inheritress, Get Glb; War Eagle, 84 Glb ; Poyntan, 51b; Bat-trap; Set 410; Cawrotash. Bet 410; Lightning, Set 210; Coltbserwcod, Bat 21 0 , Dulcet, est 21b; Blackbird, Bet ; Conynghem, Gat; Patriot, let 12%; Grimston, 7st 12Ib ; Ledy Wildair, let 1 ilb ; Mathematician, let Sib; Gimile, 74 elb; Newcourt, let 710; Stanton, 74 71h; Oat, let lib , The Widow, let Sib; roxwbelp, 7st 51b; Sheraton, 7st Sib; Bantam; Slb ; Joc.ol-Sot, 7u 21b; Reminiscence, 7st Sib; Teen Tough, 7st, Whinstoric, let; West Countryman, let; Denham, let; Wood pecker, 74; Crosier, let; Peep.o'-dey-Boy, let; .Clarendon, let; The Swallow, 74; Antler, Eet 121 b; Bost of Three, Est 12th; Intrepid, Get 121 b ; Connaught Ranger, bet lEb; Gannet, Gat 1210; Jonathan Wild, Bet 1210; Muftis, 64 1210; Duke of Richmond, 64 1210; Clementine, Gist 12Ib ; Tartar, Gat 12Ib ; Montpensier, 64 121 b; Administrator, 64 1210; Sutiel, 4st 101 b ; Titbit, Get 1016 ; Bingham, Cat 10lb ; Meld of Lyme, 64 91b ; The Premier, Got 9lb ; Mehl of Motherwell. Get bib ; &Ashen, Mt 911; Magnet, Gat Gib ; Black Dwarf, Get Sib ; Ggrileater. Oat Felt, bib;bat Projectile, Get Gib; Baillnafsd, tat 61b; Clumsy, I ; n 51b; Crim.ool3., fist Sib ; Erin.galtragh, Get Sib; Queen Mary, Get 51b ; l'lmeee, Gat slb ; r etont, Est 415 ; Grand Seignior, Gat Glb ; Sir Peter Laurie, fist ; Salta, rat 41b; Pantomime, Get 31b; Lyme, 64 31b; Spectator, 64 ; Milliner, Get; Foinnuelle, Get; baby Mew, Gat; Infringe, 64 ; bony Get ; Blue., Art ; Rob Roy, Set 121 b ; Pillage, Set 12Ib ; Shawn Haar, Set 121 b ; Brandy-fine., 54 lEb; Enchanter, Set 1011; Deloraine, 101 b; Lady Ilylda, let 910; Tom Jolly, 54 Mb ; Haekatone, Set Blb ; Tuscan. Set 416 ; Mrs. Taft, mt 41b; The Great Weetern, Set 41b; Sbylock, Set 2lb ; King of Kildate, Set 2lb ; Black Bell, sst 21b ; Good Boy, sst ; Sylvan, Su ; Pet of the Fancy, Get 121 b ; Maid of my Soul, Gat lAb ; SirLse Boy, 4et 91b; Slag, Oat 710; b c by H. PlatotT, dam by Voltaire, Get 71b ; Crum*, Sist 7lb ; Lettitnt, Oat 710; rainbow, Get 410; Sunnyvide, 44 410; Primrose, let ilb ; Glen Saddel, Got 410. EPSOM RACES, 1848. ACCETTLNOES PO& TUN MITROPOLITA'g Jericho, Sot; Inheritrees, Sat 121 b; Lady Wildair, Si; :Lb; Rat-trap, Sot 21b; Blackbird, Bst /lb ; Vesta, 801 ; Antler, Sit; Rene leigh, Bst; Clermont, 7st 1111 b ; Joe Lusa, et 101 b; Crozier, 7st 91b ; Montpensics, 7at Sib; Beat of Three, lst Sib; The Questionable, let Sib; Walrogate-bar-without, 7st 61b; Tufthunter, 7at0610; Pro jectile, 7st 61b; Cremorne, 7st 416; Shultz, 7sLpille Alboni, 7st lib. Executor, let llb ; Enehantir. 7st 21b; Gannet, llt Ilb ; Tim Whif fler, let lib; Sagacity, let 1 ; ALarietta, .714; Suter to -Ex* let; Tit Bit, Est IMb ; Quern Mary, bet 1316 r Antagonist, Get 131 b; Pot tiness 6st 121 b; Moscow, 6st 121 b; Vanspysejest Mb, Est 12lb; Maid of Lyme, 6st 10lb; Milliner, al 9lb; 111=t ee . Cbnynshans, 6st 716 • Passionate, bet 415 1 , Daughter of the Star, Get 41 6 ; Snaffle.; int 71b; Tortoise, Set 71b; Cracow, Bet 61. b ; Blackball, Sot 415; Glen Saddcl, Sat 31b, liacchanalien,:Sat :lb; Good Boy, Sot 31b; Headley, Sst ; Self Defence, tat 131 b; hint, 4st 121 b ; Bongo. 4st 10Ib ; Remembrance, 4st 1016. BETTING AT IiANCEESTEIL—Torenar. CHESTER C CP.-26 to 1 offered on the field, 300 to 11) opt Kekebes (t), 400 to 19 opt War Eagle 1,000 to 23 opt Queen Mari (t), ',ono to IS opt Mud of my Soul (t), 1,000 to 15 opt Eon. totrunse (offers to tote). DERBY.-9 to 1 against Surplice, 13 to 1 sent Glendower, 10 to 1 opt Springy Jack, 20 to 1 apt &vault, 200 to 10 apt Load stone (t), 30 to I eget Cerro', 1,000 to 30 apt any other. LEAN:DS:MON AND SOL7I7AM grEEPLECIIASE9.—.WWXZSDAY. OPEN STEEPLE CHANE. Mr. W. Holman's Edward the First (Frisby) 1 Mr. J. Anderson'a Profligate (Beckley) 2 Mr. T. Wentley's Gayhurst (Archer) 3 The following also ran:-Chandler, Proceed, The Nigger, Tams worth, Culrerthorpe, GazeWy, Erergreen, MIAs Fop.--Betting : 3 to 1 apt Proceed, 4 to 1 apt The Nigger, 5 to I aget Cuiverthorpe, 6 to 1 4d Edward the First, 7 to 1 apt Prodigal e„ auto 1 agst ]ties lop, and 50 to 1 apt Chandler. Won easy. ARISTOCRATIC STEEPLE CHASE. Lord Strathmore's Belshazzar (Mr. Rowland) 1 Mr. Madoeles Repealer (Capt. Peel) 2 Pullaway, The 'ticket, and Ballybar, also started —Betting 6to 1 agat Repealer, 5 te 2 apt Belahszcar, 5 to 2 agat Pullaway, 4 to I agat The Ticket, mud 20 to I apt Ballybar. Won vary easy. Rift intelltgents. COURT OF QUEEN'S BENCH. Nisi Pam a—Before Mr. Justice Wightiasn. FLIGHT o. PETHERHRIDOE.—BREACH OP CONTRACT. — TALLY 8110P8.—Mr. Humfrey, Q.C., with whom was Mr. Willes, were for the plaintiff; and Mr. Seij. Shee and Mr. Hance appeared on 1 uesday for the defendant. This was an action brought by the plaintiff, who was a draper's assistant, against the defendant, who was a draper carrying on busi ness at 2.5, Hatton-garden, to recover compensation for the injury he had sustained by the defendant having improperly discharged him from his service. It appeared that the plaintiff became the servant of the defendant under a written agreement, which provided that the plaintiff should serve the defendant from March, 1845, for three years, at a salary of 355. a week for the first two years, and 40s. per week fur the last year. The defendant's shop is one of those class of shops known by the name of " tally " shops, which the learned counsel explained as being shops that supplied goods to parties who paid for fhem by weekly instalments. The plaintiff was tallyman to the defendant, having the col lecting of the weekly instalments; and he also conducted what is termed the "court" business of these shops, which consisted in summoning parties who failed to pay to the county courts. The plaintiff had served the defendant till the 16th July, 1847, when he was discharged, and, as he now alleged, without any reasonable ground. The damages were laid at 501., that being the sum agreed on between the plaintiff and defendant, to be paid as a penalty if either party broke the contract they had entered into. The plaintiff also sought to recover the sum of 41. 55., the balance of wages due at the time of his discharge. In support of the plaintiff's case several witnesses were called, who proved that the plaintiff had been discharged by the defendant; and amongst others a Mr. Davis, who stated that he waited on the defendant twice en the 17th of July, 1847, once alone, and afterwards in company with the plaintiff, and that on neither occasion did he allege that the plaintiff was either wanting in sobriety, honesty, or capability, but he merely said that having discharged him he would take the consequences. On the part of the defendant quite a different story was told, the reason given for the plaintiff's dismissal being that he was addicted to drinking, and that on the evening of the 15th of July he was quite intoxicated, and that on a cus tomer of the name of William Sullivan coming into the shop to complain that he had not had credit given to him for 7s. 6d. that he paid off his bill, the plaintiff abused him in a meet disgusting and disgraceful manner, ran out into the street, pulled his coat off, and chal lenged him to fight. This was the justification which the defendant now set up. As regarded the 4/. 55., the balance alleged to be duo to the plaintiff, the defendant pleaded payment. To prove the defendant's case, Win. Sul livan was called, who stated that on going to the defend ant's shop to have the error in his account rectified, tha plaintiff abased him,and said be would punch the three half crowns, either out of, or into his heed, and that he ran into the street, pulled off his coat, and offered to fight. Several , other persons in the defendant's employ were called, amongst whom were the apprentice and the defendant's sister, who said that the plaintiff was drunk, on the occasion in question, and that he conducted himself in a most impro per manner; thaton his coming to the shop on the following morning, his master remonstrated with him, upon which he said he would do it again, and the defendant discharged him, paying him the sum of 1/. 155., which the plaintiff then took for a week's salary without making any demur.—Mr. Humfrey having replied, Mr. Justice Wightmari summed up, and the jury, after considering for nearly half an hour, found a verdict for the defendant on all the count* but the fourth, which alleged, that nothing was owing to the plain tiff for wages. They said they considered that 41. ss. was due to him, but they thought that he was not entitled to any damages, es the charges of drunkenness and misconduct were fully proved. COURT OF EXCHEQUER. NrH percs.—Before Sir F. Pollock, C. 8., and • special Suzy. THE QUEEN V. GOOCH, COT:els; AND ANOTHLR.— REvaNtre Causs.—The Attorney-General, Sir F. Thesiger, Q.C., Mr, Watson, Q.C., and Mr. Lewes were counsel for the crown. Mr. Berjeant Talfourd, Mr. Martin, Q.C., Mr. Robinson, and Mr. Jones for the defendants. This was a proceeding by ecire facia on a hood for 3,000 L, passed to the crown by the defendants, who are wool importers, carrying on bueinees in the Steelyard, Upper Thames street. The object in executing the bond was that the crown should be secured in all duties payable by the defendants, who were also proprietors of a bonded warehouse. So far back as 1841 and 1842 it was alleged that they had removed from their warehouse large quantities of wool without having paid the full amount of duties thereon, and in that way the bond executed by them and their sureties was, as asserted on behalf of the crown, forfeited. It appeared the practice as to the payment and assessment of duties by wool importers was, that after making an entry :of all wool imported by them, they put their own valuation upon it. Wool whose value exceeded is pee lb. was subject to ld. per pound duty, but under that value it was subject only to one halfpenny per lb. Alter the entry was made by the importer, and before the duty in respect to it was settled finally, it was the duty of one of the customs officers to in spect the article, and if he disapproved of the value set upon it by the imparter the duty payable was fixed according to the officer's opinion. If, however, the officer was of opinion that the wool was undervalued, he might adopt the valuation of the importer with an increase of ten per cent. It was ad mitted that the defendants had not refused to sub mit the wool imparted by , them to the customs officer, and that they had paid the duty fixed by him, but it was alleged that in five different instances they had misled him, and that they bed wilfully put a lower valuation upon wool imported by them to such an extent as to defraud the revenue of 4171. 17s. 3d. It ap peared they had on those five occasions sold a quantity of wool to the Messrs. Brooks as the best merino, liable to the higher duty of ld. per lb., whereas they entered it as en article of inferior quality, end paid only Id. per lb. duty. They deceived the officer (according to the testimony of a clerk in their service from 1840 to 184-5) by tearing off the bales the marks which indicated the ships by which cargoes of superior wool were imported, and substituting marks similar to those of ships which conveyed only inferior wool. —On behalf of the defendants it was submitted that as they had not prevented or deprived the customs officer of every opportunity of examining the wool and ascertaining its real value, they were not in point of law liable. They had paid all duties to which they were subject, according to the practice in that department ; and if the higher duty with respect to the wool in question had not been paid, or the proper value had not been put upon it, that was not the fault of the defendants, but that of the servants of the customs.—The Lord Chief Baron left it to the jury to say whether the defendants had entered the ' w.ol at a valuation lower than its real value, for the purpose at evading the payment of the higher duty to which it would if fairly valued be liable, His lordship also intimated that the detault or negligence of the officer in no respect affected the crown in the right to recover, in that proceeding, if the jury were of opinion that the defendants had so acted as to enable them to avoid the payment of the duties.—The jury, after consulting for a very short time, found a verdict for the crown, and a bill of exceptions was tendered by the defend ants' counsel to his lordship's summing up. PREROGATIVE COURT Before Mr a 7. l'ar- FOWLtS AND ANOTHER V. DAVIDSON AND ANOTHER. —A DIS7VTED WILL.—The arguments in this cue has , e occupied several days. It is a cause for proving, in solemn form of law, the will of Mr. John Ranken, of Finsbury circus, dated the 22nd of June, 1844, with three cabals thereto, dated respectively the 22nd of July 1844, the 29th of August, 1844, and 24th of March, 1845. The deceased died on the 19th of April, 184.5, a bachelor, without a pa rent, brother or sister, uncle or Cunt, leaving Miss Janet Davidson, his lawful niece and only next of kin, and the only person entitled in distribution to his personal estate and effects in case he had died intestate. The suit was promoted by four of the executors named in the will against Miss Davidson, who was named as an executrix, but whose ap pointment was revoked by the first codicil. On the 27th of May the court decreed probate of the will to the exe cutors, reserving to Miss Davidson probate of all the scripts, if she should be entitled to them. The per sonal property was sworn to be under 30,000!. By the will he gave Miss Davidson a considerable portion of his property absolutely, and, in the event of sur viving her aunt, Mrs. Katharine Geddes, appointed her re siduary legatee, and to succeed to every kind of ' property, whether heritable, real, or personal, 'not otherwise disposed of. By the fret codicil he reduced Miss Davidson's bequest to a life interest, and constituted the four children of the late Mr. Win. Young residuary legatees, in lieu of Mill David son, with benefit of survivorship. An allegation having been given in pleading in commen form the execution of the will, an allegation was afterwards admitted on behalf of Miss Davidson, an appeal asserted to the Privy Council, who, at the hearing, affirmed the judg ment of this court, and remitted the cause, when the court decreed to proceed according to the tenor of former acts. This allegation consisted of twenty-six articles, and. after pleading the death of the deceased, and the amount of property of which ho died possessed, went on to allege that Mir Davidson was the cnly surviving child of her parents ; that the deceased in this cause had one brother and three sisters, all of whom died unmarried. excepting Mrs. Geddes and the mother of Miss Davidson; that Hrs. Geddes had only ens child, who died when four months old, and that subsequently, with the consent of her father—the mother having died and the father married a second wife—Mrs. Geddes adopted her niece, Miss Davidson. who ever afterwards continued to reside with her at View forth, Culiose ; that in 1812, Miss Davidson having been sent to • boarding-school in Edinburgh, the ex penses were defrayed jointly by Mr. Geddes and Mr. Ranken ; that after leasing school the latter made her ass allowance of 501. per annum for the expenses of drew, until she assured him that 351. was quite sufficient for the purpose, which sum he regularly paid her until 1830, when Mr. Geddes died, and Mrs. Geddes insisted upon defraying all her niece's expensed ; that the deceased frequently visited his sister and niece at Culro,s; that he corresponded with the latter, and also with the former, in reference to her ; that in December, 18!3, Mrs. Geddes and her niece visited London, and resided with the deceased until the following July, when they, accompanied by him, departed for Scot land; that during their stay an London Mr. Rankest showed marked attention and attachment to his niece, and often declared to her that her aunt and herself should be his heirs ; that on Thursday, the 11th July, 1814, the deceased, accompanied by his sister, his niece, and a servant, quitted London fur Scotland, and arrived at Derby, by the railwa,y, at about fi ve o'clock ; that the heat being excessive, and both the windows clime, Miss Davidson, with the con sent of her aunt, asked permission of the deceased to put down the windows, which were accordingly lowered two or three inches, but in a short time afterwards were again closed by him ; that on arriving at Derby Mrs. Geddes was taken ill, and, on the morning . of the following day, desired to have the attendance of a meuical man, and on the deceased being informed of it he started up in bed in a wildand hurried manner, saying that his niece had killed her with the draught in the carriage, that she would not live, and that he himself was very ill ; that although the medical men did not at first consider Mrs. Geddes' illness to be of an alarming nature, yet it terminated fatally on the 21st of that month; hat from the commencement of Mrs. Geddes' illness the de ceased laboured under an insane delusion, which could not be removed, that it was wilfully and purposely caused by Miss Davidson, either by poison or by letting down the windows of the railway carriaoe, and that she had attempted to poison himself, with the idea of becoming possessed of his property ; that the medical attendant in vain endeavoured to convince the deceased of the absurdity of such ideas ; that he declared to Mr. Cuff, the landlied of the hotel at Derby, that he suspected his niece of wishing to poison him, and that he would thenceforth take nothing to eat or drink but aodawater and eggs, as she could put nothing in them ; that a post mortem examination was made of Mrs. Geddes, tho result of which showed that she died from natural causes only, but the deceased persisted in saying that she was poisoned ; that the deceased on his arrival at Edinburgh was taken ill, and laboured under congestion of blood in the head, but attributed his illness to poison administered by his niece, and to the time of his death continued to be of unsound mind, so far as related to Min Davidson ; that he remained in Scotland until December 1844, during which he was constantly harping on these insane delusions ; that his friends in vain endeavoured to convince him of his erro neous impressions, and recommended that it would be better for a time at least, that he should live separate from his niece, and that on his intimating this to her in October of that year she left the house which had been her home for upwards 0f.33 years, and took up her abode in Edinburgh ; that a sheet time before quitting Scotland, he cede/mound to persuade his cousin, Lieut.-Col.Wardlaw, that his niece had poisonei her aunt, and attempted to cut him oilier the purpose of possessin g homelier his property, that he had therefore made • will in favour of persons he had never seen or heard d o and concluded by saying with a laugh that a bird had whispered into his ears that Mies Davidson was going to break his seal by proving him mad; that in October, 1844, a consultation was held on his case, and that the medical men decided that the deceased was insane and of unsound mind; that after his return to London many attempts were made without success to convince him of 'his delusions, but he communicated to Mr. Hutchinson that he and his niece were still excellent friends, and he continued to correspond with her; that Mr. Ranken, so far as related to Miss Davidson, was insane and of unsound mind, and incapable of making and executing the codicils in question. To this there was a responsive allegation setting forth that Mr. Geddes, by his will, devised the residue and remainder of his real and personal estate subject to a life interest to his wife, to Mr. Ranken the testator in this cause ; that upon the death of Mrs. Geddes, at Derby, Mr. Ranken became possessed of about 15,0001. under his brother-in-law's will that upon the death of Mr. Geddes, in the year 1830 , much dissatisfaction was expressed by his relations at the residue of the property being bequeathed to the testator instead of any relation by blood; that after much discussion it was ultimately agreed between Mr. Hinken and his sister that the survivor should bequeath the whole or the greater part of the property which they bad derived from Mr. Gaeta to come member or members of his family ; that between the 22nd June, 1844, the date of Mr. Ranken's will, and the 11th July that year, the day the parties left for Di rby, the testator declared to his sister that he had left his property to her, in the event of her surviving him, absolutely, in order that she might select such of the family of Mr. Geddes as she thought fit for objects of her testamentary bounty, as with reference to their having been excluded under the will of that gentle man; that, at such time, it was arranged between the testa ! for and his sister that on their arrival in Scotland, either the testator's will should be altered, or that his sister should snake a will in favour of the relatives of Mr. Goldee ; and that Miss Davidson was privy to or informed of this arrangement, and had frequently declared that she knew ter uncle and aunt had " settled all about the will making before they left London ;" that the testator, during his sister's illness at Derby, ascertained from her the names of each of her late husband's relatives as she wished, that his property should be bequeathed or returned to ; that Miss Davidson was informed of this fact by the testator ; that he shortly afterwards told her he bad altered his will conform ably to it, and that he frequently declared, subsequently to making the first codicil, that he had left Miss Davidson well off, and that, with her own property, she would have 7001. per annum; that Miss Davidson, in reference to the altera tions in the will, told her uncle that his will, to be valid in Scotland, should be upon stamped paper ; that Mr. Thomas Hardie the younger, to whose widow and children the pro perty at Cuirass subject to Miss Davidson's life interest, and also other property to a considerable amount, was be queathed by the first codicil, was cousin-german and one of the nearest relatives of Mr. Geddes, and that the families of Geddes and Hardie had been on intimate terms; that the testator and Mr. William Young, the father of Alex ander, William, John, and Margaret Young, also legatees in the fart e,oiicil, were brought up together ; that great intimacy had alwayssubsisted between them, and that the tes tator had rendered pecuniary and other assistance to the widow and children of Mr. William Young; that whilst Mrs. Geddes and Miss Davidson were at the house of tho testator in 1843 and 184-1 differences word between Miss Da- Tides° and her uncle, which were only kept under and sub dued by the mediation of friends, and that the testator com plained that she did not give way to him and study his comfort and wishes sufficiently ; that the testator, being naturally quick and irascible, was easily affronted, and that it was at all times difficult to reason him out of any persuasion which, right or wrong, he bad once adopted or taken up ; that upon the testator's arrival in Scotland he performed various acts of business, and conducted himself in a perfectly rational and sensible manner, as a clear-minded and acute man of business ' and was so treated by all persona s who had intercourse with him ; that for many years he had carried on a considerable business as a West India merchant, and conducted his affairs and concerns in all respects with as much skill and discretion up to the time of his death as ho had done at any period of his life ; that up to his decease he was in the habit of receiving and having in his possession considerable sums of money on account of persons for whom he still continued to act as agent or attorney ; that he had about 0001. in his care belonging to Miss Da vidson, for which he paid her interest; and that :he con tinued to correspond with him up to his &ado Several ex hibits were produced in supply of proof of the allegation. Dr. Addams, in support of the codicils, contended that there we, not the least pretence for saying that the deceased was not a person of the most perfect sound mind memory, and understanding. Abstractedly from any meabid feeling that he might entertain to Mies Davidson, he was as competent to make the codicils at the time they were executed as he ever had been in the whole course of his life. It hail been alleged that Mr. Ranken, during hie residence in Scotland, wound up the affairs of his late sister, and the answer given to that was, that he was capable of doing some legal acts. It was • pity that Min Davidson had been advised so to act, she had better have stood on the ground that this wee a case of mo nomania. The present case was one prima impression. In "Dewe to Clark," the will being to the prejudice of the daughter, it was most wisely and kindly set aside. " Green wood's" case (reported in the appendix to 3rd Curt.) was the only one on record at all similar to that now before the court. There the testator bad taken up the insane notion that his brother was endeavouring to poi son him, and yet Lord Kenyon in his summing up to the jury, intimated to them that they ought to find in favour of the will. With regard te the to:emaciate codstdla • ‘ n a