The Express. — London, England, 1846-12-19 00:00:00

isestiend be debated. Tour our deputation replied Mut Vary, 01 041 . ...... q • willing t h a t t he legal question should be made the Mao and —aa wtt e f the conference, and be disposed of before any ether But they desired to be Wormed, whether, (o°aet was avowal of, Mr. O'Connell intended that the con. 'd y tYi Pd determine the other questiune between the association liro'„:lirad.co l— M r . O'Connell replied, that, if the legal micetion '.,' Oa ~tned aga imit the pecedere, they would have no right to 10 30 "`"ther as they could not be members. of the as-ociation at all; trite r ( mg the time bad not mime, and might never come, to ▪ "--o,„,,,°T—our deputation replied that they willingly concerted rsle„,„•- -- ,s s unts • but they were manacled to ascertain distinctly . bigh. 'teal question were decided in their favour, Mr. ' In 'that case, widing that the I:3uturruce should ' te c a a ider the other questions between itie Mr. O'Con rarapied, dokheinle location . deputation e ti t t h e ceafarnce • ttaloPinell, that l the majority of the secede r s had Eigerrat association on grounds quite apart from the question of phy. , and that settling that queetion would not being them back ; egnre a general reconciliation, it was necessary to put in r- t"- vegetate, that had „reduced secession. Ilr. O'Donnell e be had made up bin mind on the subject, and emit de mesa wi question now or hereafter, till the tepid ems sees eet lett nth; whatever in the conference. 1114 . %. d then reminded Mr. O'Cotuwill that in his speeds me prov iding the conference, he lout stated milk eke pat it should Fettle " the points of difference hetween 0 , 0 ,0 " oa red us that hen ad not gaud r.o, but directly n eeds. rat k ra then again sured Mr. 0 Donnell that the Tao= rem. an d willing to go back to the emaciation, and west " re aIY in due and willing subordination to his leadership, It earre eauld s h o w them an y way in which the necessary re f o rms co uld wowed. gut, without arrangements as to the future policy of the , we d e tion, it was obvimet horlem ox to expec i t such a mammal:a ,1 the reasons already net . Ir. onnel answered, that if the I were settled, such seceder% as returned to the Assoc I asiin7in their placee in the bo n y, propose any reforms that seemed ! ryy y ou r deputation, in reply, e n to eouvince Mr. Katie * that such unsettled questions would be like:y to lead to new Rape a new eecceeiont whereas a preliminary set enable the united epeal body to turn at once . Mr. O'Connell again declined any dkarwklun."ln ...e ee act.ica°flthwPeremorwtoo.r.lidthe ...metre exsipt on the legal . question. Your deputation then in. ate famed Mr. O'Connell that a statement nf the cons which It seemed the conference had been d a teable to bring under the consideration of ...rand. Mr. 0 (\morn refused to hear er receive it, as he had keel o expe nsed his t letermination to confer upon no question but the ne . The deputation then withdrew. TILE REPEAL SECESSION. The following important communications appear in the Erening Freeman of this day : Merrion-equare. Dec.l7. s'g,—lf I had been aware that the conversation which took place cay bow,. between me and Messrs. IMify, and others, would have is teen Ina& the subject of a newspaper protoco I should have taken to have had some of your reportere presen t to give the entire con. versalke. I confess myself taken by surprise. Ido not mean now ea cuter into .. a y !a paper e ontroversy, and therefore I omit all cen sure o f t h e ma ny inaectiraties in the report. There is, however t one which I ra ve a r ight to complain of-1 mean the suppteasion of the eowerful itheitrataou I give of the imminent p eril of a p rosecution for Le i um ese, which the members of the association WOuld incur if they Overeat all to admit the physical force principle. Why washat sup. pressed It is, perhapa, easy to conjecture. With respect to the conversation itself, I do not think anything could be more absurd than the notion of c anvassing the details of the working of the association alts.* the re-admisuon of the decedent if the law be as I state it to be-- namely, that such re-ailmisiiion would cons'ert the association into an illegal, if no t a treasonable, society. All 1 want and requires, that the law upon this point should be ascertained, in the must authentic MOOMOOIC manner. Why do the Seceders object to ascertaining the he upon so vitally important a point! Does not their throwing difficulties in the way of ouch ascertainment prove demonstrathoug httively t h e ir own consciousness of bein g in the wrong ? If they Memselvea right, they ought to be too happy to have that matter am assed ; as everything else could be amicably arranged after - wank. I call upon the Irish people to remember that I, tut a lawyer n r m any, many years shunting, pledge myself to this legal opinion tut if we were to re-adniit the Seceders, reser should convertvi an ponies of the physi cal force principle, we the weaciation into un illegal weedily. I say to the Sexclers—settle this point first, and I will settle all other reasonable matters with you afterwards. 1 say reason able, because I perceive the fourth article in the instructions of the Seceders is framed in such a manner as, in my mind, to imply a p r inciple that I can never accede to. It is drawn up certainty in a very caution , artful, and dexterous manner, to cone: mil its real na uue; but it is essentially of so cr eeillesa a charac a ti t le , t the ert would rat her perish than consent to its being made of tcia hoe. The seceders may be quite cer tain that I never will listen to a proposal to prevent the shield of the association being thrown over the Catholic people of Ireland, when my attack is openly, insidiously directly or indirectly made on the doctrine, discipline, or free education of the members of the Catholic Church, and whilst I am perfectly ready to give the same protection to the Protestants, Presbyterians, and Dissenters, I hold in print scorn that goatees indifferentism. which I deem more injurious to Christianity than the moat open and direct attack.—l am, sir, your faithful servant, DANIEL O'CONNELL. Cahirmoyle, Ike. IS. My dear Mr. O'Connell—The allusions to me which you have Bought proper to introduce into your published letter to Mr. Ray, compel me to coot into explanations which 1 would I s have deferred until a more appropriate oppottunity. It is quite true that your distinguished Mend Dr. Miley, foe whom I entertain very sincere esteeiu, dia me the high honour to mew from Dublin to oihirmoyle for the purpose of ascettaining whether I am dieposed to facilitate an uccommodation of the unhappy differences which have prevailed amongst repeaters since the acces sion of the Whigs to power. lam not aware that I left him under the impression that lam averse to such an accoinniotation. I tinned It to hint that I propueed to submit to you a statement of the etc-Minolta upon which I should feel myself disposed to return to ' Conciliation Ilall, as well as to recommend others to co-operate with the Repeal Association. It seemed to me that a written communi canoe would be no lees liable to give rise to miempresentation than a personal interview. 'Sot having yet hail an opportunity of ascer taining the seri timente of the Seceders" with autticient authority to enable me to speak on their behalf an well as for myself, I shall not now be tempted into a premature statement of our views. I may mention, however, that it is not my intention to enter into discussions relative to the employment of physical force." More than enough has been already said upon that subject. My propene' will have reference to the policy which ought to be acted upon by the Repeal association, and to the propriety of introducing such changes into its mode of conducting businera, as will tend to increase ita moral inftuence—to place it higher In public confidence, and to make it a We efficacious in than it is at f present for the recovery of a domestic legislature f o r Ireland .- 1 remain, veryfaithfully yours, WILLIAM 8. O'Busx. P.S. I hold myself at liberty to give publicity to this letter. GOVERNMENT WORES.—ILI consequer.ce of the severity of the weather, government has just issued an order to the officers of the Board of Works, to allow half a day's wages to every man entered fir employinent who shall present self at the proper time, whether he shall work or not during the day. PRESENTMENT SFASIONS. Extraordinary presentment sessions were held in Pilltown, c.iunty of Kilkenny, on Monday last. Lord Duneannon, son of his excel lency the Earl of Besshorough, presided. This sessions, elected to proceed under the Labour Rate Act, in preference to Mr. Labouchere's letter. The sum of 17,0001. was pre seeted to form the earthworks of the Waterford and Limerick Railway in the barony, the railway company undertaking to purchase the line when completed, and to afford immediate employment in its formation. The presentment of the ba ronies of East and West Offa, amounting to 16,0001., in favour of the same railway, has just been approved of by the Board of Works. The presentments made by East Offa and Clanwilliam, will, it is probable, be also sanctioned, and thus remunerative employment be offered to every destitute person in the five baronies. STATE OF THE COUNTRY. —The following extracts front the papers of to-day will enable your readers to form some opinion of the state of the country :—" Six farmers near Baggotstown Bruff, were robbed of money and of fire-arms, on Suuday night last, by a gang of Whiteboys, who broke the windows wherever they failed in effecting their nefarious I object.—John Sheehan, of Kilderry, got employment re cently, says the Limerick Chronicle, on the public works, under a relief ticket, and the first purchase this destitute man made of his money (205.), was a fireloek.—Kerry is the only county in the south where the peasantry are not providing them-elves with fire - arms. I n one shop alone inClonmel 97 stand of firearms were p u rchased by the peasantry one day last week.—J. Brown, Esq., of Clonboy,has bUCCerde•d, says the above-named paper, in obtaining a good part of his rents in the O'Brien 's bridge district, by the manly effort he made to see ejectment served upon the defaulters, most of whom only then came forward and paid their landlord. Mr. Brown had given security for 3001. to buy meal for the tenants last summer, which they have had the ingratitude to decline paying, even by instalments, until assured of his determina tion to enforce it. The tenants are able, but not willing, to do justice.—The sum of 2,0001. was lodged in the Limerick savings bank on Monday, chiefly by middle.class farmers. —During the last six days 297 tons of flour, wholemeal, and oatmeal, arrived in Limerick city, from Cahir and Clon mel, for the use of millers and retail traders. The cars con taining provisions were escorted as far as Tipperary by military and police.—As Mr. Jackson's cars were proceeding a few days since from Roscrea to Kilkenny for Indi of an meal, the drivers w ere stopped on the road, and robbed their travelling c h arges . —Arrangements are making for accom- modation for 400 additional paupers in the Limerick workhouse, which is now over Riled. Lord Clancarthy has promised to give 10s. to every 20s. contributed in hut district (Ballinasloe) to the poor relief fund. A Relief Committee, for the purpose of aiding the unemployed poor, was formed in Cestlebar, Mayo, on Thursday last. The Earl of Lucan has promised to give 501. in aid of the funds against every 1001. subscribed by the inhabitants. The sum of 2791. 16s. was subscribed in all. The coroner for North Mayo has held inquests on two bodies during the past week ; in each case, after medical examination, it was found that death was caused by destitution. Fever, says the Mayo Constitution, is making fearful ravages in Castle placedPirovisions to the amount of 5001. have been at the disposal of the Rev. Mr. Pounden, of Mayo, for the relief of the poor of that county. This relief was we believe, contributed by some charitable Englishmen. One English gentleman has given a contributioa of 400/. towards the construction °fa pier at Dugurt, Wendel' Achil, where the Rev. Mr. Nangle has founded a Protestant' colony. The Galway Vindicator intimates that the pea- I gantry of that county are about to return to their old cue tom, and try the potato once more. That journal says, "It is the general opinion that, if the people had any means 'of supporting themselves while engaged in the operation, I or could procure a sufficiency o f seed, the potato would main be very generally cultivated for the next harvest." The same authority adds:—" Their mark is that it is the only natural winter they have known for the last sixteen or seventeen years, and that there is no doubt, if sufficient seed could be had, but that there would be an excellent' potato crop the next harvest. We u nderstand that there is a large quantity of potatoes still left in t he ground undug in almost every district; the people not thinking it worth their while hitherto to undergo the labour of digging them out. regarding them as quite unfit for human consumption, and of but little use for any other purpose. We learn, howeer, that it is their intention now, if they can, to turn them to me as seed, and to try their luck once more.—ln another article it proposes . that the Government should give the rye seed they intend importing into Ireland " on loan, sr to be repaid in kind," as the people and small farmers are totally linable to purchase it ! A Lucke Exeitaeoe.—We, says the Tipperary Free Press, have been just told that a man who sold a pig in this market was robbed of two pounds by two armed men, on Monday last, on the Carrick road ; the fellows, not content, ippe 1, m also of a new coat. The poor man remon ata d, d a dhe would die with the cold, when the rob ber threw him his own old coat in exchange, with which he sorrowfully trudged off; and on reachin .t home, found the fif teen golden sovereigns carefully wrapped up in one of old pockets. THE CORPORATION or CORR have received, since the commencement of the frost, upwards of 40/. for ice, which they s old as it accumulated upon " the Lough "at Cork, which forms a portion of the City property. AN ET-(EtttO POE THE CAS/HUME LOCK-VP.—An in quest was held in Kilkenny a few days since on the body of a poor old man found wandering about the streets. fhe police, perceiving his destitute condition, took him to the lock-up, where he died during the night.—" We find that the said Samuel Prince's death was caused by the combined influences of old age, exhaustion from want of food, and cold, on the night before being relieved by the police. We are also of opinion that his death was hastened by the extreme coldness of the cell in which he was pliced." The cell in question, says the Kilkenny paper, is a vaulted chamber, or rather dungeon, flagged, and without any furniture or ac commodation, except a heap of straw, whtle the wind seems to be freely Admitted through the chinks of the iron window shutters. Even a healthy, vigorous man confined in it on such a night as that of last Saturday would; in all probability, have run the risk of his life. lands upon the rolls of the manor. The bill was filed against the defendant for sped& performance of the agree ment, and in July, 1845, a &twee was made, declaring the plaintiff entitled to specific performance, and referring it to the Master to settle the terms of the lease. The master, at the instance of the p'aintiff, inserted a covenant to the effect, that " the defendant for himself, his executors, admi nistrators, and assigns, covenanted with the plaintiff, his executors, &c., in pursuance of the agreement, and for the purr*e of binding the reversion in the premises, but not so as to hind the defendant, that the defendant should, at the expiration of the term of 21 years, thereby granted at his own expense, procure a license to demise, and in pursuance of such license, at the joint expense of the plaintiff and de fendant, grant a renewed lease of the premises to the plain tiff; and, at the expiration of such second term, would pro cure another license and grant a second renewed term at the like expense and under the like rent and covenants, except the covenant for renewal ; provided always that the last mentioned covenant was meant only to bind the reversion, and that the defendant, his executors, &c., should be liable to an action for damages for breach of the covenant, as owner or owners of the said reversion, but not further or otherwise." The defendant excepted to the master's finding, and con tended that he, as a bare trustee, and having no beneficial interest in the premises, was not bound to enter into any covenant besides the usual trustee's covenant, viz., that he had not encumbered.—Mr. Humphrey argued for the excep tion ; and Mr. Hominy and Mr. Nevinson contri. Sir J. Wigram, V.C. : I must be distinctly understood in this case as not giving ar.y opinion how I should have dealt with the case, if the plaintiff had desired to be discharged from his contract, rather than not have this covenant; that is, if Frampton had been the plaintiff, declining to enter into the covenant, and Worley, as defendant, had asked to be discharged unless the covenant were enter. d into. But Worley does not ask to be discharged, hut is willing to rely upon his equitable title, if he shall not be entitled to this covenant. The question is whether I can compel a bare trustee to enter into this covenant. Why he declines is a question I shall not enter into. The covenant appears to be as harmless as a covenant can be ; for the fine is only seven shillings and the rent reserved in the lease is 101. a year : and, beyond all dispute. the covenant binds the land merely and will not hurt the trustee. But it appears to 1116 to be the established practice not to compel a trustee to enter into any but the usual covenants, that is, that he has done no act, personally, to encumber. The case of " Pager. Broom" (3 Bear. 36), is clearly distinguishable from this case, as are also the other cases referred to.—The exception was allowed, and it was referred back to the master to review his finding. and the learned judge intimated Vie opinion of the court that the costa must be paid out of the estate. COURT OF EXCHEQUER. Nat PRlM—Brine sir F. Para, Cat s and a London Special Jury. GOLDICUTT e. BF.AOIN.—BREACH or Puollllo3 OF MAR RIAGE.—A SCENE BETD ERN TILE LEARNED JUDGE AND COUNIDIL.—This was an action for Breach of promise of mar riage, and was tried before the Lord Chief Baron at Guild hall, during the after sittings of last Hilary Term. It may be recollected that doting the trial Mr. Serjeaat Talfourd, the defendant's counsel, expressed the readiness of his client to marry the plaintiff even then ; and relied upon that offer, which was, however, refused, as the principal ground of defence.—A verdict was returned for 3001., anti a rule nisi for a new trial was suttee luently granted upon theground of surprise. That rule was :wade tiolute upon the usual terms, that the defendant should pay costs of the first trial, and having complied with that requisite, the case was about to be called on yesterday evening, about half-past 4 o'clock , it being second in the list, and the previous case having been disposed of, when Mr. Cockburn, Q.C. (with whom was Mr. Corry) for the defendant, asked his lordship whether he would take it up at that advanced hour. The Lord Chief Baron said he would not, and inquired whether it was really the intention of the parties to have that case tried over again. Mr. Cockburn stated it was, and the case would occupy a considerable time, as he should have to examine witnesses. The Lord Chief Baron said, ho could not imagine how the defendant could be so insane as to examine witnesses it a case of that description. lie had a perfect recollection of the grounds upon which the rule for the new trial was granted, and he thought he was correct in raying that it was upon the distinct understanding that the case should not be tried again, but that the parties might have time to have an amicable arrangement effected between them. Mr. Cockburn said his client had offered to do all in his power—he offered to marry the plaintiff, and certainly it should not be expected lie could do more. Miss Goldicutt made an affidavit stating that she reused to marry the de fendant, and it was afterwards the rule for a new trial was made absolute. The Lord Chief Baron: The court, when granting the role, understood that the case would not be tried again, and taking all the circumstances into account, it seems little abort of insanity for the defendant to proceed with this second trial now, and examine witnesses after the verdict already given. Mr. Cockburn apprehended that, after that intimation from his lordship, the defendant would have but slender chances of success; however, lie (Mr. C.) could not resist saying, with the most profound respect. that he felt it his duty there publicly to pretest against the practice of any judge prejudging a ease, especially in the presence and hear ing of the jury whose duty it was to try it. The Lord Chief Baron denied that he had said anything prejudging the cage ; and as to the jury being present, they were not then in court, as they had been intimated the case would not be taken that evening, and they had gone away. Mr. Cockburn said it wax probable every one of them was still in court, it being but a few minutes since they were told the case would not be proceeded with. The Lord Chief Baron : Whether that be so or not, I am quite sure that none of them will feel any prejudice against the defendant in consequence of the observations which have fallen from me. Asy thing 1 have said upon the subject was altogether with reference to the prudence of the course pro posed to be adopted by the defendant. Mr. Cockburn repeated his apprehension that the observa tions which had fallen from the bench would very much pre judice the defendant. Mr. Watson, Q.C. (with whom was Mr. Lush), for the plaintiff, interposed, and said he was content to take a verdict now for the same sum awarded by the last jury. In all probability the mat jury would give 1,000/. Mr. Cockburn : Perhaps not a farthing. After some further conversation the subject dropped, and the court having then adjourned, upon the case being called on this morning, Mr. Coskburn moved his lordship to have the trial postponed, upon the ground of the unavoidable absence of a material witness. The Lord Chief Baron having ascertained that there was no affidavit substantiating the grounds alleged for the neces sity of postponing the trial, said he could nut grant the ap plication. Mr. Cockburn To be candid with your lordship, I must state that the absence of the witness is not the only reason why I think my client should not now proceei with this trial. The principal—inJetal, the only important reason is, that the observations which fell front your lordship last evening with r,spect to the " insanity " of the course he was about to take in examining witnesses are calcula to prejudice him so much, that I think it would be m oat advisable to have the trial postponed for the present. The Lord Chief Baron said, he perfectly recollected every thing he had said, and he now repeated all he then stated, except he had made any observation personally offensive to the learned counsel, and if lie had he could only say iodic Non fail. Mr. Cockburn did not complain personally of any observe tiona which the learned judge hail made, but was con vinced that any remarks, especially made so emphatically as those with reference to his client, must have considerable weight, and were therefore calculated to prejudice him in , the minds of the jury. The Lord Chief Baron : I must say you really tery much under-rate the intelligence of a London special jury. if you suppose that any observation, such as I have made with respect to the technicalities of the conduct of a cause, could prejudice their minds against either of the parties, or pro , duce any improper influence up on them in dctetniining the case upon its merits. The Foreman of the jury here addressed the court with much emphasis, and said it was most discreditable fur the learned counsel to insinuate that a British special jury could be influenced in giving their venial by any such observations as bad fallen from the learned judge. Mr. Cockburn then raid he thought under all the circum stances he best consulted the interests of his client, the pro per administration of justice, and his own feelings and judg ment, by withdrawing from the conduct of the case. (The learned gentleman then bowed to the bench and withdrew from the court, causing a general sensation.) The case was then proceeded with in the absence of tho defendant's counsel. The facts which have been already before the public, are not of sufficient interest to call for a detailed report of them now. The plaintiff, who is daughter ' of Captain Goldicutt, a retired officer at present in the employment of Messrs. F orbes and do., in the city of Loudon, was govennaa to the family of Mr. Plympton, a stock-broker residing at St. John's-wood. While in Mr. Plympton's employment the plaintiff became acquainted with the defendant, who was originally a clerk in his service, but subsequently, on realizing some money, became a stock broker. lie made proposals of marriage which were ac e. pted, but the old proverb—" The roam of true love never dual run smosth," was woefully realised, and, owing to some dispute, described as a " lover's quarrell," the defend ant refused to fulfil his engagements. In a very few days afterwards the present action was commenced. The Lord Chief Baron summed up emphatically in favour of the defendant, but the jury without much hesitation found a verdict for the plaintiff, with 4001. damages. SCOTLAND. COMMISSION ET THE LORI/ LIEUTENANT OP DUMFRIES SHINE.—Lieut. and Mi. K. C. Noake to have the rank of Capt. of Dumfriesahii e Militia. WALES. IMPROVEMENT OF BANOOR.—A correspondent says: — Bangor, after having gas-works in operation for yean,u at last lighted with gas; and it is an undoubted fact, that the wise men of the city are talking of cleansing their filthy streets and alleys, and acwering the place. The sooner the talking is ended and the acting commences the better for Bangor, the city being now an optical, a nasal, and a pedal nuisance from one end to the other, even to the Bishop's pa lace. It is also much in want of a landing-place for passengers from the packets ; fur to land at Bangor is to run two senous risks—being drowned or having a limb or two broken, inde pendently of the imposition (accompanied with insults) prac tised upon strangers by boatmen sad others. One ferry be longs to the bishop, and either he or the party who rents the ferry should be compelled to maintain t he landing place in a safe and efficient state. The bishop, however, it is right to say, does not let the ferry at more than a fraction of its real value. Bangor would be worth 20 per cent. more if a good landing place were provided, as many strangers are prevented frum visiting the place during the summer months from the absence of such accommodation." PROVINCIAL. LANCASHIRE. SHORT TIME.--In consequence of the high price of cotton and the dept.. ssion of the cotton trade, a meeting of the master-spinners of the Moseley district was held on Wednes day, when it was resolve.: That the mills in the Moseley district commence on Thursday, the 17th inst., to work at the rite of eight hours per day, or forty-six hours per week, and that they be entirely closed from Dec. 24th to Jan 4th, 1847, and that they then commence again at the rate of forty-six hours per week. In consequence of this, all the mills in the neighbourhood commenced on Thursday to work on short time. Mossley district is one of considerable importance, as it now numbers at least sixteen firms all engaged in spinning only. Mat. BRIGHT AND HIS I.:LECTION COMMITTEE. —The weekly meeting of Mr. Bright's Election Committee, on Thursday night, was the largest and most influential that has yet assembled. The Chairman, Mr. Wilson, said a great many electors had not yet been seen, but the result of the canvass already showed a majority of pledges of more than a thousand over the number ever yet pulled for a Con servative, and of some hundreds above the number who voted for Mr. M. Gibson at the last election. The Chairman of sub-committees made reports which seemed to hear out very fully this statement. Mr. Absalom Watkin then moved a vote of thanks to the editors of the various London and pro vincial papers, for the able manner in which they had advo cated the claims of Mr. Bright upon this constituency, and amongst them the Express. The motion was seconded by Mr. J.C. Dyer, one of the oldest reformers in the borough, and supported by Mr. Alderman Brooks, and carried with great cheering. THE LATE ACCIDENT ON THE BOLTON RAILWAY.—An inque.t on the body of Joseph Allen, the engine driver killed by this accident, was held an Thursday evening, at Pendleton near Manchester. W. Bell, guard of the train to which the accident occurred, stated that he noticed the train to he mov ing at an extraordinary speed two milesbefore the engine got oft the line. He calculated the speed at 50 miles per hour, and the orders of the company being that express trains should not move at more than '2l or 2.5 miles per hour, he tried to signal the engineer to slacken speed, but in vain. Before the engine got off the line, it oscilla•ed very much, and jumped. The engine driver was afterwards found on the line with a dreadful gash on the head, and quite dead. The fireman was found near him, wit one leg cut otf, and the foot of the other leg. A plate layer on the line s t a ted that in frosty weather the jumping of the engine was sufficient to break the rails, and as several rails were broken it was pro bable that the engine had got off the line by such means. A letter from the fireman, at the Infirmary, who is doing well and likely . to recover, stated that, on leaving Bolton the train was 10 minutes behind time, and they put on extra speed to pass the East Lancashire Junction before the train from that I doe cam up. The jury were of opinion that theoccurrence was the e result of carelessness on the part of deceased driver, and returned a verdict to the effect that it was an I accident resulting from this cause. YORKSHIRE. THE TRUCK SYSTEM is stated to be in operation at Brad ford, where several firms are id to compt l their work people to receive, not a part, but the whole of their earninsg in goods of very indifferent quality. DERBYSHIRE. A FACTORY INSPECTOR FINED.—A curious case was heard at Glossop, before the bench of magistrates, in which a Mr. Trimmer, inspector of factories, having brought an information against Mr. Samuel Lee?, manufacturer, of Padfield, for employing a g rl under age, and without a surgeon's certificate, was himself charged on two summonses with assaulting two girls in the mill. I t appeared on the 3rd of December, Mr. Trimmer had been err oneousl y led to b e lieve that Mr Lees was employing a girl under age, and went to the factory in a state of great excitement and passion, demanded to see the books, and not finding the girl's name on them, sent for the sister of the girl, who did work there, and used violence to one of them and to another girl, shaking and threatening them to get mt admission, that the girl be was is search of was on the premises. He after wards found the girl at home, some distance from the mill. The magistrates dismissed the inspector's case, which failed fur want of evidence, and convicted him in a penalty of ss. and coats for assault. LEICESTERSHIRE. DESTITUTION prevails to a very great extent in Market Harborough. Rork cannot be obtained by the poorer class of families, and provision s are dear. Sickness, also, is very prevalent in the town. THE REPEAL OF THE MALT-TAN QUESTION was dis cussed on Wednesday at a general meeting of the Leicester shire Agricultural Society. Resolutions were adopted con demnatory of the tax, and petitions agreed to, praying its repeal. The chair was occupied by the Hon. 11. W. 'Wilson, who was supported by E. B. Farnham, M.P., C. H. Frewin. M.P., and others. NOBLE CHAMITY.—The Duke of Rutland is now causing to be distributed sheeting, blankets, shawls, and flannel, to the deserving poor of forty villages around Belvoir Castle. A Woaattoese Sctrootmesrea.—At the Loughborough guardians meeting on Tuesday, it was proved that the schocl master had kicked some of the boys who are under his charge. Mr. Palmer, who seems to be the medical officer, was asked to state what he saw. He replied, that on going through the kitchen to the hospital last board day, he saw several boys standing round e fire, and one of them had his clothes partly off. He went to see what was the matter, and the boy said he had been kicked by the schoolmaster. Re baked, and found two marks, which appeared to have been caused by " a sheepish kick." lie had not had to at tend him professionally. The boy said another boy Lad be en kicked. He was sent for, and " came hopping ." He looted at him, but fo und no mark upon him. Ile saw Mr. Miller in the house just afterwards, and mentioned the matter to him. It was no part of his (Mr. P.'s.) duty to prefer the complaint, but he thought it right that the guardians should know. The board resolved to call the schoolmaster in and reprimand him for kicking the boys, which was accordingly done ; and Mr. Miller told hint that if it had been laid before the commissioners he would have been dismissed. WARWICKSHIRE. T H E FIRE-ABM MANUVACTURE.—OUE Birmingham COE respondent writes as follows with respect to this subject . " I have been at some p ains to ascertain from contractors themselves the actual state of their trade and the peculiar description of articles for which t he orders preponderate. It is quite true that the demand for arms for Ireland is at thi- e presen t moment, and has for some weeks been, very cons derable ; but it is also true that for many years the demand has invariably n bee heavy in the months of November and December, up to the 24th of the latter month. Another cause for so much briskness in the trade consists in the fact that the articles in request are of the commonest description, the prices varying b e tween ten and twenty shillings each only, and that consequently the manufacturers do net keep stocks of these in their warehouses. It has been estimated, but there are no means of as certaining the fact with any grea ms t degree of accuracy , that three thousand stand have been sent over to Ireland during the last six or seven weeks; but of these it should be borne in mind that not more than one-fifth or a one-sixth are muskets, the remainder consisting of carbines, fowling- pieces, and ordinary guns. These three last are, from their quality, utterly valueless for the purposes which some writers would seem to affect to believe the purchasers had in view. There is good reason for the assumption that, in I a great majority of cases, these arms are obtained solely that they may be used as " house-protectors," and that, in the remainder, the possessors contemplate only using them for the destruction of game and wild-fowl. There may be, and probably is, a gr2at fancy for the possession of fi re-arms amongst the Irish peasantry, but there is certainly nothing to indicate the existence of any organised system for carry ing outunlawful purposes. One circumstance, in connexion with the matter, cannot fail to cause much surprise : I allude to the fact that, notwithstanding the vast amount of distress which undoubtedly exists in the sister country, very considerable sums are readily procured for the purchase of fire-arms. I have been informed by a manufacturer that so recently as this morning he was visited by an Irishman from a very impoverished part of the country, whose mission was to purehase arms, and whose well-stored pocket-book in dicated the existence of any thing but distress. The simple fact in connexion with the affair is, that nearl all ho hope ty he fire arms are bought up by persons on speculation, and w to turn the present state of things (with such aid as a portion of the press give th em) to a profitable account." DORSETBEIRE. POETLANIII.--It has been publicly announeed to be the in tention of government not to send out any DIM convicts to Australia, but to make Portland a penal settlement, and to e mploy the convicts on the breakwater, and `he i rel public, works in contemplation, such as constructing wad running up fortifications entirely round th island, is been publicl putnnd to be the in- - _ at not to Bend out any more convicts to claim J. Vs. 7 id- •LeeT,th class. 9 Ad• `-`• Ice Portland a penal settlement, and to E'lsgent."--._,,"31* Sts o 9 Grefi:l4:dirtre babe " ' Reeppeecetire joint expense ofFramptem anu _ th. on the breakwater, and other public, 15.nio,c4rett=1.• Com ez miolde Pewes , %t• 14s. 3d. ; fir;. the died, havmg devised the reversion in the lands in question ion, such as eonstzucting a citadel, rod deoOnd clam. ~• ; Third 313 3 0. 34 . ; Fourth as" 21 .; Fifth class, ; to the defendant, upon ejtr.eriirnaristrwits mentioned in the wil_ ; cote tor allo_wunce_of coots to the Rattles. an oppo ali s e ne in ui ttood e _ b to otouoo. Tune entirely round tto Wand, Etu',,licr, SixUa aro. 13e. 41.1. ; Satentli elm% Cu Joe* ti. and ingots' eV. the defendant eras admitted as tenant of the nearly th ew hole or the property going to ;au e thumb their . him. sh relation ould t , r .° quality i s or t is $ t in f o , 'hits wan ? r min b etti, to Aim nue'. I t ; ght he e .,„: ' 9 , We h i " but carrot, rifle readily t with t h eu , ittneal." mutt of MU tward to your Lot smooth, 1 his mum,. an to Mende, farmed by tigence, Mod furnislui l-leaved 111., id two years other potato r in the manse erectly round disease is not h e generally Ch e r m rest and it is eer- IT light. and xcept xuada -those plants reatens their then in their ted to on the ention which milk men in tusudiers will n question is tominions, as it ~ ‘T DV PLAT. eit, if it is .e to which )beerved at I Hope. It 'l' that the or that the ne cause, to Portugal, ical critics w to follow every piece parts ; but hey- give to They will , it of pedals trapuntism, uus passage .hing pretty w so many I steel, that tu of fugue understood [rums. We writing for the triangle. e have great ible as well, ‘ac.—One ands by the nit its parti alogue made rioted octane t fire broke o. 2, King ace of a few ,ms, became ed, but ow .tirely eatin. • all but de :earned.. -Yesterday, and water• yay. the Mad an afterwards of coal which rgcd. Many immersed in. and digging e into bread. nloading the . Yesterday, t for her aged aal excursions coring fit, and was a corpse. morning the in one of the dew Charlton, pposed, sought of the preced )f the carbonic ie. mass. His he fact of the vould have ro le person were ame of John assibly afford a 4 BEING RUN Etcpital, on the londay last the omnibus corn run before the t cab, and was eels of which ly that he died " Accidental ..—By Mr. W. on the ,sed was master rland, lying off eu for the last aving heel' on rhe mate slept the followthE e d quite dead. nic of the blood h."— IN, DEC. 17. interest. The to be quite so ic activity of the by the exertions in thus dam rovincial pslis!r% tendency, to ted such genera occasional prac iges. Discret° is rin of that condi and, Sksisbereen passes its anteoe d below—from a ie no question of ted district. waited on fir. bed with certails the Old Ireland .-o-operation. At /Tonna, but be tge them in. any ceilings, the sub 3journed meeting t are the hopes wider each dal , the deed of sopa- Tha duties a the oint. Ile never ie points of dif- Fledged but one — t, which is dilite ;dance pursued 0, ! 1 in my communi- I was not present hiiw were used on the chief passag e° ell, wowed Dim that e with him In trai.ae to the F ul l; d' Al that he was qul stion, which he con.„l. ng to be settled Wore THE EXPRESS, SATURDAY EVENING, DECEMBER 19, 1846. that the atrab'4 l ing tows is completely to be removed, to g ive wa y t o a L niform fortified city; in a word P.) rtland is to be made &not); or Gibraltar.—SherbPrne Journal. Stilwell, ,gets.-11.11. Sloop Warp, moiety of the proceeds &the hull and cargo of the Brazilian brig Is4el, captured Ist June, 1641. Com mander, lOU. Orld. ; First clam, MI. 7s. Id.; Second clam, la 9d.; Third ciars,lo4. 4ld. : Fourth clans, GI. 13a. 7d.; Fi ft h clans, V. ea9d. ; Meth class. N. is. Gad. ; Seventh clam, 11. Is. 3d Ommanney, Soo, and Co., agents. APPOINTLIENTS.-ADIMALTY, Dec. 13.—E. Edington, Muter, to Conetenay, Leading man of &anthems., Deptford.— J. Fowles, Foreman, Malta-yard . — E. Wood, los]pactor Sheerness yard--G. Barnes, Clerk's Assistant, Ateerott• Uzi. , John Louis, Rear-Admiral, Devonport Dockyard.—N. Banie, Assistant Surgeon, Gegl,n.—W. Coekshot, S. T. Singer, C. B. Chamberlain, and S. it. Stephens, to be Third Engineers to the William mod Mary.— H. Kelly, Master's Assistant, to J'oeodik.—C. J. Saunders, Acting Master's Assistant, to Light sing.—J. E. Price, Clerk, to (Ancodik. P. Brown, Boatswain, conSemed to Oceon.—M. Ware, Bestswsio. to Strowtheii.-11. Turner, Carpenter, Persian, adv. to 2nd clan. Dec. 17.—W. O'Bryen liaare, Commander, to study at the Steam Factory, Woolwich.—T. Frazee, Surgeon, to Crocodde.—W. L. Gor don, Acting Assistant Surgeon, to Caledonia—Dr E. J. Sinclair, A . gent to hick Quarters at Wiek.—W. G. Tucker, Nidnhipmafts t o Venveanee.—C. E. H. Tarrant, Master's Amistant, to Pietory.—W. Poynton, Master's Assistant, to Cale loner. —F. J. P. Chitty, Clerk. to Retheist.—C. H. Boughton, Second Engineer, to Penelopr.—Y. J. de Wane, and W. Barber, Third Engineers, to William and Mary. Dec. 18.—A. Len, Filet Engineer, to Caledonia, for service of Arenger.—W. Richardson, tbrpenter, to Gladiator.—J. Morris, carpenter, to Cyclops. DEVONSHIRE, ---.... THE ADJOURNED INQUEST upon the unfortunate woman who lost her life wt en attempting to ascend the side of H,M,'s steamer Stro t emli, off Devonport, has, after three .ittings, been concluded. The jury gave the following de cision :—" That the death c,f Honors Searroll was the result of a blow, but how and t:y whom that blow was inflicted there was no evidence to show." Ut Ibratna ST. JAMES'S. Last night, Scribe's comedy, " Bertrand et Raton, ou, I'Art de Conspirer," was per formed for the first time in this country. It is known, however, to the English public by the version of it which was produced some years since under the title of " The Minister and the Mercer." In its original form, it is a very tedious play, written, certainly, with a great deal of esprit, but immeasurably spun out, and totally destitute of interest. It consists of a series of court intrigues, in the course of which a wily diplomatist succeeds in defeating and over throwing a rival party; but from the beginning to the end of the piece the success or failure of the contending plots and counterplots is • matter of indifference to the spectators; and the dramatist has been obliged to try to excite a little interest by a slight melodramatic underplot. Perlet's performance of Count Bertrand was a most elaborate and highly finished piece of acting. The imperturbable self-possession of the astute politician, who moved all the people around him like so many puppets, was admirably repri sented ; and the quiet ness with which he uttered his stinging sarcasms freinently told upon the audience ; but the general effect was cold and lifeless. Cartigoy was more amusing in the vain silk mercer, who becomes a State coaspirator from the wish to become a popular and important personage. His conse quential airs, and domineering treatment of his sen'ible wife, when she remonstrates, were very ludicrous, and, with Ma dame Ciraaeau'a excellent acting, reminded us of Mons. and Madame Jourelain. The performance altogether went off very heavily, and Perlet, with all his excellent acting, pr. Aluced less effect than in any of his previous parts. The coldness of the representation, moreover, was increased by the preposte rous slowness with which things move at this theatre. There was only this five-act comedy, preceded by a trifle in one act; and yet the performance, dragged out by intole rable intervals between the pieces and acts, lasted from half past 7to a quarter past 12. This is not the custom in the Parisian theatres; why, then, is it introduced here ? MILITARY. Fo.vcs, arrwass MAJOR-GEN. NAPIER AND MR. WOOLIN.—III refer that to this affair, the Guernsey Star save :—" Mr. Woolls states that he bad been ordered by the booed of Ordnance to proceed from Alderney to Sark, for the purpose of selling certain Ordnance stored in the latter Wand; and, accordingly, he executed the order which bad thus been given to him by selling some old harness belonging to two RUDA which are considered to be attached to the militia of nark, that force being under the command of Oen. Napier. tiering finished his official duty in Sark, Mr. Woolis came to 0 , and then learnt that the Lieu. -Governor was highly displeased at having sold these old stoics without his (General Napier's) knowledge or sanc tion. Mr. Woolls, in conaequenoe ' was desirous of stating to the Lieutenan t- Governor that he had acted in confor mity with orders directed to him by the Board of Ordnance, and accordingly waited on Gen. Napier, at his residence, at Havilland Hall. Mr. Woolls states that he wad received witu ordinary courtesy by the Lieut.-Gov., but that, after a short conversation, Gen. Napier expressed strong displeasure at his (Mr. Woolly') conduct in the matter, and that, although he gave his Excellency repeated assurances that nothing was further from has intention than to act towards him with disrespect or insubordination, the General's wrath rapidly in creased, until, uttering a tremendous oath, be rushed to the bell, and, on two servants entering, he ordered them to ' turn that fellow out of the house.' On this, Mr. Woolls said he was no • fellow `—that be had come into the house as a gen tleman, and would leave it as a gentleman, but begged that no vio lence might be used. Hereupon Gene , al Napier laid bold of Mr. Woolis by the collar, and the latter did the same to the general ; the servants then Joined in the fray, and the time, seizing Mr. Woolls, thrust him out of the house with such violence, that he was thrown ' down the whole of the front steps, and fell prostrate on the ground. The door of the hull was then closed, and Mr. Woolls was left to get up arvi find his way out of the prenuees, in the dark, in the heti way he might. Suck is the sutetance of Mr. Woolls' statement. We give it as we have received it, without comment. The stores told by Mr. Woolls in Sark were two sets of aid and worn-out gum-barns=, which were in the custody of the garrisses at that island, consisting of an invalided artilleryman." Illustc. Music ABROAD.—Berlioz ts new work, which he calls a legend, " The Damnation of Faust," and which was performed for the first time on Sunday week, ha produced an amusing diversity of opinion among the Parisian critics. B 7 one set it is extolled to the skies, and, by another, treated with unmeasured contempt ; from which we infer, that, like the former productions of this composer, it is distinguished by a daring and acentric genius.—Gardoni, who broke his engagement with the Academie Royale, and consequently paid a heavy forfeit, has mule his dibut at the Italian Opera in the part of Nenterino in the " Elixir d'Amore." He had a most flattering reception. " Ile sang," says the Gazette Musicale, " with grace and distinction ; but, in our opinion, was greatly inferior to Mario in the part.—Weber's " Oberon " has been revived at Leizig but it was badly got up, and the performanceweton in the midst of bursts of laughter and noisy conversation. With all our respect for the memory of the great musician, we do not wonder at this reception; for the libretto is one of the most childish that ever was brought upon the stage. The old opera by Dittersdurf, " The Doctor and Apothecary," has been revived in the same city; and the piece, notwithstanding its primitive simplicity and meagre instrumentation, had the greatest success. We wish our theatres would afford us a few specimens of the simple melody and accompaniments of the old masters.—Handel's "Alexander's Feast" has icon performed at Berlin in an indifferent manner and with an unsatisfactory effect. Han del's music is nowhere well performed but in England — not even in his native country.—lt is said that there will be no Italian Opera at New York next season, in conse quence of want of funds. taw Enttlitgenct. EQUITY COURTS.—YESTERDAY. Before the Lord Chancellor. TRAIL V. BOLL.-ASSEST TO A SPECIFIC LEGACT. - INQVIRIES BEFORE THE MASTER.—This was an appeal from a decision of Vice-Chancellor Knight Bruce, disallowing exceptions to the Master's report, to whom it was referred, to inquire whether executors who had possessed themselves of their testator's effects, had assented to certain specific legacies given by the will ; and also as to what were the liabilities to which the property, the subject of the legacies, became subject, with liberty to make a separate report on the question of assent. The Master made a separate report that the executors had assented; and the Vice-Chancellor confirmed that report, disallowing exceptions taken to it by the defendant. Mr. J. Russell and Mr. Boyle were heard in support of the appeal, and Mr. Cooper and Mr. Tripp in support of the Vice-Chancellor's judgment. The Lord Chancellor said that he was struck with this , objection from the beginning. Two p oints were referred to ' the Master for inquiry and he reported only on one, whereon the parties then proceeded by a short cut to obtain a deter mination of the whole matter. But justice could not be done between the parties without the Master's report on the matter of liabilities of the property. The parties had hoped by the course they took to save expense, but he wished it to be impressed on the minds of the suitors that irregularities of that sort caused an increase of expense. Attempts to depart from those rules which our ancestors fuund bene ficial in the administration of justice, and to arrive at the end by short cuts, so fur from being useful to the suitors, were productive of embarrassment, delay, and expense. His lordhip reveed the Vice-Chanellor's orders, and ordered ' I that the Mast e r might proceed with the second matter of the inquiry. CLERICAL. THE sew Boomenie or MANCHEnTER.—It in stated that early in the next session the ministers will propose to parliament early in ;Bute erection of Unica:shire into a separate see, under the title of "the diocese of :Manchester," to c most of the archile Nl aconry of Man. &ester including the deaneries of Blackburn, Leyland, anehe stat, and Warrington), and also the independent dram ry of Andrew's, or Amoundern.ers, comprising on the whole 405 benefices; Is feet, the whole of Lancashire, except the deanery of Cartrnel and Furness, which will still appertain to the diocese of Chester. The following appo intments and preferments will be in the gift of the new bishop The vicarage of lkiltorele-:loots, value 4611.; the vicarage of Bolton le-Sands, value 1701.; the vicarage of Childwoll, value 4551.; the vicarage of Chipping, 220 /.; t he rector y of Manchester, 1,a710/.; the ' vicarage of Ribehester, value 800/. ; the incumbencies of St. George, St. Simon'a, St. Jude's, Manchester, Ordenshaw, Ashton-under- Lyne, Congletan thristeburch, Ashley-bridge, Lever-bridge, Tongs, Musbury, Itamsbuttorn, Wal d en Jtochdale), All :ante, liabergharn, Great Marwlen, St. Janes, Burnley, St. Paul, Lualane bridge, Trawden, giving a patronage of the aggregate ann in come of about 5,0001. In the event of the appo.ntment of the lion. Mr. Villiers to the new bishopric, the rectory George's, Blooms bury, the appointment to which is vetted in the crown, will become vacant. THE New CHURCH or Sr. 'mesas AT WOHDTILLE,ILICC,HOMMTC, formerly Wootten-box, was co n s ecrated on Tuesday, the sth inst., by the Lord Bishop of l'eterborough. The collection amounted to 1201. 13s. 9d..; since increased to 1441. After the consecration of the church-yard, which, with the church itstlf, occupies one acre of land, the gift of the Marchioness of Hastings, the Whop, and about tiny of the clergy and laity, lunched together. Ilia lordship Mt Woodville to become Mr. Vavasour'm guest at the vicarage of .Ishby-de-la-Zouch, where a number of clergy were invited to meet bhn at dinner, and which place he lel on the following morning, to consecrate u new church-yard at shackerstone, and thence to return to Peter borough. Tile hamlet and immediate vicinity of Wooden-box, towhich the more euphonious name of Wieshille was given by the unanimous desire of the chief residents, on occasion of presenting a silver trowel to the Earl Howe, when his lordship laid the corner-stone of the new church on November 7, 1815, contains a population of about 6.54 per- PODS, chiefly engaged in the manufacture of coarse earthenware, for which the clay of that district is well known to be eacellenL Thirty or forty years ago, one solitary wooden toll-house, and a mansion with a farm-house, were the only buildings on the spot ; but no sooner did the potteries commence, than a population rapidly accumulated. The hamlet in about equally divided between the parishes of Hartshorne, in Derbyshire, and Ashby-de-la-Zouch, in Leicestershire. The Rev. Dew. Berms, of Falkingham (son of the late Edw. Brown, Esq., of Stamford;, has given 400/. towards founding a ea- Banal school at Aslackby. VAC *MT.— Glenticki It., Lek., dio. Petah.; value MM., with dent. Patron, Patron, C. Winstnniey, Esq. Vacant by the death of the Rev. M instaniey. E RA TUM. —Our Cumbridge correipoodent, the list of Vacancies R caused by death, published in this paper on Monday last, made an error in the name of the Rev. Mr. Davis. For John Davis read Dora Davies, late of Neath. The Rev. John Davis, we are happy to learn, is in the enjoyment of excellent health. - - Before the M,e , ter of the Rolls. Riven v. WELLS.—MOTION FOR NEW TRIAL REFUSED. —Mr. Turner, with whom was Mr. Worlledge, moved, on behalf of the plaintiffs, in this case, for a new trial of certaio issues directed by the court to ascertain whether Mrs. Sarah Well., the testerix in the cause, had duly made ter will in exercise of a power given her by her marriage settlement over certain freehold and copyhold property. By the settle ment there was a limitation in default of appointment under the above power, to the plaintiff Mary Hitch, who was the illegitimate child of a daughter of the testatrix. By the will the testatrix gave a life interest to her husband, with remainder to the legitimate children of her daughter, thus excluding the plaintiff. The will was made in April 1825, and the parties claiming under it were admitted to the copyholds, and were in the enjoyment of all t he p ro p ert y up to the filing of the bill in this suit, which was instituted in 1842, calling the will in question as a due execution of the te,tatrix's power, and staking to have the plaintiff put in possession of the property. To determine this the above issues were directed, and were tried at the last Cambridge summer assizes, when a verdict was given fur the defendants, thus establishing the will ; an d the j ud g e at the trial strongly expressed himself in favour of the ver ! diet. The plaintiff, in support of this motion, relied on the eircumitances alleged to have attended the execution of the will. It appeared that the will was prepared, whilst the tes tatrix was ill in bed, by one liazlewood, the clerk of the testatrix's solicitor, and that it was read over to her, and con versations were bad with her respecting the disposition of her property both by Ilazlewood and one Human, who was a trustee of her marriage settlement, and a person in whom she placed great reliance, and that she more than once distinctly declared to them her intention to exclude the plaintiff from all benefit under her will. She signed the will with her mark, and the attestation clause, which was in the common form, and specified the acts as done which were required by the power was signed by Hazlewood and one Ruth Bartle, a nurse, and a labourer of the name of Peacock, who signed with his mark. liazlewood was dead, and Bartle being examined at the trial, stated that she could not sign her name, and that she did not sign the attestation clause • and I witnesses were produced who confirme d the assertion Of her inability to write. But this evidence was distinctly contradicted by other testimony, and her evidence was I re emd as unworthy of credit by the direction of the judge. Peacock, the other attesting witness, was an illiterate he ma idn, a nd unable to write, and he gave evidence that d not recollect to hisve seen the testatrix sign the will, or indeed scarcely anything which took place. It appeared that Hazlewood was acquainted with the settlement and fully conversant with the necessity of having the requisitions of the power complied with, and Human's evidence was in favouere r of the will. The grounds for the present application w that the jury thought, when Bartle's evidence was rejected, that nothing remained for them but to give a verdict in, favour of the will, and that they did not sufficiently consider the other circumstances, and that they were too much influ enced by the fact of the long possession of the parties claim ing under the will. The Master of the Rolls commented on the evidence he thought Bartle's evidence was rejected on just grounds, and when that was out of the way, it depended on the testimony of Peacock, an ignorant and illiterate man, who had never before been present on such an occasion, and who had no clear recollection of what took place. In such a state of things—one witness being dead, another not to b egsie v ed, ed and the other an ign orant man, and not recollecting circumstances, everything wu to be presumed in favour of the will. As to what amounted to publication of a will, it t was difficult to say ; but it was not al wa y s necessary that distinct act of publication should be proved. Presumption might be resorted to in a case like this, to supply deficiency of evidence. There was no evidence that the jury w ere in fluenced by the fact of long possession, or by the notion that when Bartle's evidence was removed, everything was to go the other way. Looking at the evidence before the jury, he was of opinion that they came to a right conclusion, and he must refuse the motion for a new trial with costs. PREROGATIVE COURT. IMPORTANT WILL CASE.-WELLES C. WILDRORE AND Hitt -J u DOMENT.- Sir H. J. Feist stated, at some length, the material as well as the general facts of this case, and which involves the validity of the last will and testament of Mr. Samuel Weller, who died in January, 1844, aged 6.5 years. and possessing real and personal property, including property at Croydon and in Newcastle-street. The personalty was estimated at 13,0001. to 14,0001., including the public-house called the Grapes, in Old-street, where the testator carried on business, shares in the London Joint Stock Bank, &c. , the whole of his property being worth about 20,000/. The deceased left a widow and two daughters. His will, now before the court, bears date on the 28th January, 1843, and in it he leaves the bulk of the property to Mi. Daniel Peacock Wildbore, the medical attendant of the testator, and who, with the Rev. L. Hill, were appointed executors. The widow opposed the will, but the daughters were not before the court. This was something extraordinary, as there was a will dated March, 1839, and referred to in argu ment, by which one of the latter was bequeathed the great bulk of the property. The court therefore, under these cir cumstances, had to consider the contents of both wills. It would be necessary to refer in detail to both the papers. It was argued that undue influence had been exercised over the testator by the executors of the last will, and by Miss Wa•te (who has a legacy under it), the decd and being of incapacity at the time the paper was executed. In this allegation, offered in opposition to the will, it was pleaded that for three years befOre his death he drank immoderately and be came totally unfit for business, that he became childish and irrational, that while he kept the Grapes, in Old-street, where he realised hai property, he was visited by Mr. Wild bore, a medical man, at whose instance a separation was hi...tight about from the wife of the testator, and that Mr. Wildbore and Mary Waite managed the business, he not having any control whatever. It was further pleaded, that fur two years before his death he was so weak of intellect, bursting outin fits of laughter, and talking nonsense, that on one occasion he came down into the bar in his shirt, and would stand behind two of the vats. That in the year 1842 the testator was so mad, that Mr. Wildbore was sent for to control him. That about the date of the will, Mr. Wildbore declared that he could lead the testator about like a dog, and the plea stated, in conclusion, that at the time the will was executed the deceased was of gunsoued mind. These were the ontents of the allegation given in by the widow. To this a c r e ponsive plea had been given in on the part of the exe utors, and which consisted of' sixteen articles. It pleaded affection and regard for Mary • Waite, a niece of the wife (and who attended the bar), and for Mr. Wildhore, his medical attendant, who had visited him for a painful 'disease, and he often declared he would leave him the bulk of the property. It pleaded that the an ta d me tha , deceased's affections were weaned from his daughters in ed fol te low h im the consequence of the eldest having eloped a ith his e m eia co c i h d intu s i ito an ii d tte te p n ted ma t r: i that h i e but she was detected. It was denied that he was habitu ally drunk and of imbecile mind, being alleged that he was remarkably acute in his business-that he was not under any control-that he drove out on business in his carriage tin ' accompanied by Mary Waite or Mr. Wildbore-that he pur -1 chased his own wines and spirits to the last, took care of his monies, went to Hicks's Hall for the renewal of his license, and managed all his affairs. That while suffering the tes tator was visited by Dr. Bab ngton, who prescribed for him at the instance of Mr. Wildbore; that he was then rational ; and further that when at his seat at Croydon, he declared to his servant, whom he called Charley, that he had made his will and provided fur Mr. Wildbore, as he was the best friend lie (the testator) ever had in his life, and for Mary Waite, and that the rest should get nothing. The case set up by the wife was one of entire imbecility, and if the statements set up were supported, such would he the fact ; but early in the cause the learned counsel for the widow gave up this point, and called upon the court to de cide that the capacity of the testator was not equal to the act. In this, as in many other similircsses, thetestator's inca pacity was overstated ; and witnesses were ready to support by their evidence the plea given in. The act of the testator was inefficacious, and the question was as to the capacity of the deceased. The court had been reminded that this wax not a favourable case ; that the property was left to stran gers in blood, to the total exclusion of the wife and NAVAL. daughters. The great bulk of the property centres in Mr. Wildbore under the last will ; 200/. being given to the Rev. Ptyworrif Dec. 18.---.E•las, 42 ttoreehip, arrived here in the nigh , ' of the 120, on her way to Sc and is gcting some slight I Mr. Hill to preach a funeral sermon ; and other small legs defects made good. Her crew were paid, advance of wages on the cies to his servants; the wife having 150/. a year ; and to 16th, and she will shortly sail for her destination. Stroud...ill (at.), his two daughters the house in Old-stract, which nos. T. Fither, tailed on the 15th, for the coast of Scotland. Demi, was sold for 3,200/., as a life interest, and to their naval lighter, sailed for Falmouth on the 15th, to take up and relay children, failing which it was to fall into the residue. The the mooring' , in that harbour. Grapplcr (st.), Lieut.-Com T. H. Ly- will, therefore, was opposed to natural feelinge, and in favour taght, sailed on the 15th, for the coast of Africa. Recruit, 10, Coin. A. Slade, moved from the harbour into Bampool on the 16th. The' is, of a perfect stranger in blood. Still the court must take care ati, Capt. 11..1. Codrington, went from the harbour into the sounded not to depart from the intentions of a testator, if capable, and the 17th. Mr. 11. Chatfield, one of her constructors, has obtained who had acted voluntarily. But by the will of 1839 a con permission from the Lords of the Admiralty to go to tea in bet fur a siderable benefit was given to the youngest daughter, Ann short period. Weller, while at the same time Mr. Wildbore was named in One hundred hired shipwrights have already been entered, out of this paper and appointed executor. In this will the eldest the one hundred and forty ordered for the repairs of the Brazilian frigate Cons fru/am. daughter was given 50/. a year, and the widow had 1501. a POIMOVVi Dre. la.-Cyclops, Capt. Lupidge, yesterday received year, which was confirmed by a deed of separation which her orders for Lisbon, but on surveying the vettt she is found so took place in 1839. It was clear the deceased had an inten defective in her timbers, that orders have been tent down for her to lion to tales away the large benefit given by the paper of go to Sheerness to be paid off, previous to her being repaired. Her 1839 to his second daughter, and to give a larger benefit to time of commiesion expired a month since. Polyphemus Com. Mr. Wildbore. This daughter left the Mattoteator, and he was SPCleverty, which went yesterday to relieve any ships detained in the Chops of the i hannel, will, on her return, irocced to Lisbon with left without the company either of ife or his two despatchet, and to be at the disposal of the Admiral, in place of daughters, the youngest basing gone to live with Cyclops, as a h a h o ur steamer to and from Portugal. Veirtees , ce her mother. It was not improbable that the wife will ao out of harbour on Monday test, ord-re bring received to WV. should have opposed the paper. The probate of pareher for the immediate reception of troops ; she cell be mustered the will having born called in, and the executors put upon about 'Wednesday next by the Commar.der-in-liet Dauntless, et., proof of it in solemn form, the learned judge then pro will now be launched on the stb of mat month, about noon, as the tide will answer well. She Is a great favourite, and, as far as it is ceeded to analyse the evidence in oppoeition to the will. fhe possible to judge, she will do well. Admiral Sir C. Ogle will go on barber who attended the deceased was of opinion that for the lease tomsorrow for a few days. last eighteen months of his life he was imbecile, and want- Smaiasiam Doe. 17.-The following announcement by the Ca pt.. Mg capacity. By other witnesses it was sworn that the tes- Superintendent of this dockyard will further explain the nature of the tator, long before his death, was an habitual druukard, con- intended measure for orgamting the workmen of the several dock- stantly taking gin and water. At Croydon, having a party yards into a volunteer corps for the defence of the ports.-" Mem. :- My Lords Conunissioners of the Admiralty having Muted a circular to dinner on a Sunday, instead of saying grace, as usual, he exproming their desire that the artificers and labourers of the dock- uttered the slang expression, " A penny more , and up goes the Tani should enrol themselves for the exercise of the great guns, and donkey." As another instance it was pleaded that, while i ids° to acquire a sufficient knowledge of small-arms as would enable in the orchard at Croydon, he slyly picked up rotten apples them to move M a body for the defence of the works that are in pro- and put c h ar o the sideboard in the dining-room. But mesa, for ensuring the dockyard from • surprise by the enemy, the this the court considered was not sufficient to confirm an officers are p mested to make dm' known to th e men in their re spective de ents, that an enrolmeat may be commenced ; aye the opinion of incompetency of the testator, who, it ap- Capt-Suomintendent has such court& nce in the zeal, loyalty, atd Before the nee-Chancellor of England. peered on all hands, was a low-bred and ignorant spirit of the men of this dockyard, tbat they will not be behind any LAWRENCE V. VAI:OIIAN.- PROOF OF • WILL,-A qua- man, though extremely shrewd in his business. A other yards in manifesting such proper feeling for the defence of their don was raised ia this case whether the will of a /dr. John point raised in argument could not be passed over t -the country if necessary. Their lordships propose that the enrolment Fry, who died in Jamaica, was well proved. By the law of statement of Yr. Wildbore to a witness who was examined shalt take place under the following regulations, viz., none are ex- that island, the will itself is not permitted to be taken out of i n t h e muse, t h a t he cou ld make t h e testator l eave his pro. peered to enrol themselves above the age . of 45 years, or under 18; an the but an examined copy is furnished. One of the party how he liked ; that he had made th e deceased leave his allowance will be made fur the extra time employed in such drill as three witnesses country , who . e . the may be thought neceswary ; clothing will be provided when forming .witnesses sifFn d wel l could not now be found, premises in Old-street to the daughters, and that all he in line for the infantry exercise, with arms and accoutrements; the and a question was raise w c d h ther the affidavit of a person - wanted was the estate at Croydon, &e. It was most impro inspectors and leading men will be non-commissioned officers, and named Grant, who had seen the testator sign the will, could balls that this gentleman would km* made such declaration the Cam. -Superintendent relies on their zeal not only in seconding Ibe received for the purpose of satisfying the court.-Mr. before, at least, the death of the testator. The court could the enrolment, but also in getting the men efficient when formed into I Lewin appeared for the plaintiff', and Mr. Lewis for the de- not but look at the station of the deceased. He was what companies The P rinci p e ' Palms of TX"' being then field aim " ' fendant-The 'Vice-Chancellor said be thought the will had was called the owner of a " gin palace," and the company and captains of companies, the clerks foremen will be subalterns. , _. _ The instructions to be given the officers and men will be mainly the been sufficien tly proved. he kept was about of the same character with haelf. Sir exercise of the great guns, though some training in the use of the Fells Booth, with whom the deceased dealt, w him s opinion Before Vice-Chancellorlthigbt Bram. musket and platoon exercise may follow, together with a company or ~,, ag.. that he was competent to acts of business. On Sir F. Booth two for light infantry movements. Further instructions will be given 1 AVLOR V. FAILIIES. -- INJU NCTION.- • in this use -- calling at Old-street, the testator said, " I know what you out from time to new, as they may emanate from the Admiralty, and 1 W. M. James enna order until to-day had obtained an int . ' have come about. You want money." The deceased no active measures will be Immediately resolved on, further than to I to restrain the defendant from selling or exposing to sale a was advised to sell some of his shares, which he manifest the zeal and good feeling of the men in this yard in giving in I spurious composition resembling the plaintiff's prepared . con- ultimately did to the amount of 7001. or thereabouts. their names on an early day; md in the list of names ma given m,, to ...,,,,a I soluble cocoa. ne pkintiffs' label en their pot - lets Sr to the date of the will Sir Felix Booth again be expressed against each man his trade, age, and stature."- Sie ---' I tamed the worsts, .• manufestured solely by Taylor and übsequent y th . . O. Pruct, Capt.-Superintendent.ll h d n matters . called, and, though lc &ripe. s ti ll e converse upo The Hares, 3, recently paid off here by Commander Step h en, it not I Co." In the defendant's label the words, " aolety v b- ' of bu • vs It was proved by the evidence of Sir Felix au sine . to be re-commissioned at present, but will dismantle and be placed in were omitted,. and the weeds " late with," in very sut ra Booth that h e reLlecti of the deceased was good after the °Milian% The 7._..errihfc. steam -frigate, Cant- Hammy, it (+ d l to letters, were substituted. In other respects, the gene will was mad. There were other witnesses who spoke to proceed w viecamcii, io inetird her defects. The Ag °ll°, tr°° appearance and printing of the defendant's packets and the same effect. True it was occasionally the case that he ship, Commander Radcli ff e, on her arrival from Portsmouth, labels were similar to those of the plaintiffs'. On this day, was the worse for liquor ; but be wes enfeebled in body. taken into dock to be overhauled and refitted. the defeadant having been served with notice of the the deceased did. His having relay :dos sv.-The Gazette of last night contains the follo win g • d fla t a • order made for many extravagant . things notices of prize money payable : -ILI& sloop Albatross, 11.Yorke,then. uiterirri order, an ppearing, an was ordered a splendid equipage, to equal the coach and horses ASSIZE INTELLIGENCE. Slave and tonnage bounties for the Albasea, seised lst March, 1645. an i t e puie tien. of George the Fourth, was an act of eccentricity. What did YORK.-Tiaturanar. --- Commander, 329/. 19s. 9d.; First class, 9 41 , 12s. 90. ; Second dara, all the evidence against . the will amount to ? Certainly Before Br. Justice Williams. 561. 15s. M. ; Third class, 281. 7s. 10d. ; Fourth alas, 181. Wm fitd. ; Before Tice-Chancellor Wigram. som ething only approaching to doubtful capacity. The wit- MICCRLLUGHTER NEAR HULL.-John Calton was charged Fifth class, 91. 9s. 31d. ; Sixth class, el. es. lad .: Seventh ChM, B. W. 'SOBLET 9. FRAMPTON.-TRVBTEE'a COVINA • NTS -In Sord to inespacit ought not to be credited more than with the manslaughter of Frances Riplinghain Cox, the wife ld.-Tonnage bounties for, and proceeds of hull and stores of, • brig, 'atovember, 1832, the late Mr. Frampton, the tea- nears other aide. Uto the last the testator of Ashton Cox, of Heyde, near Hull.-The prisoner innne unien°" wiled 1 lin July. Ing" t C°angangee u Old.; "gL wstsa gg. susa gg" 'tater of the defendant, agreed to grant to the those produ ced on the First class, 391. 13a. Std. • Snood elms. --. lse. -td.; .--- ----. eels of the lands in question, gavehis own orders to hisdistillen an otheri. n) a rest tug a U n ranswic , d 01• f da • farmer . d . t H tto C • k and it ew ys is • 111. 18s. Old. ; Fourth eilts, 71.19 a. 81d. • Fifth clue, Si. Inn 4d. ; plaintiff a lease for 63 yeah beforeof 1:1 B hisdeatb the colleetor °fair F. Booth settled anaccount was alleged against him that Mn. Cox's death was awed Si:thaws., 21. 12a.100. ; seventh clus; LI. Os. 50. John G. air 1 which were coybold of the Manor ornsey. y lease could be granted for • he had with the firm. The deceased, up to a Ts+ ye short tune by something deleterious which he applied to a tumour Tholnas Stilwell, agenta-H. U. Sloop Pamtakos, k.,. Wilson, cOM. ; the custom of the manor, no . bull and etores of, and tonnage bounties for, th e brig Horboleta, lei; ad longer term than 21 years; and it was therefore arranged before his decease, settled tbebrewer'spass-book. hisshowed upon her hand, and which was stated to be a preparation 26th May, 1845, on Tuesday the sth day of January, 1841, at No. 22, between the parties that the mode of fulfilling their erne- that he w an not in that state of incapacity as alleged on the either of arsenic or white hellebore. About three years age., anindel-strecterand , 'Moe recalls will be made, on Tuesdays 10r and ; ment should be by granting a lease for 21 years, with a other The court looked in vain for any evidence of an Mn. Cox felt a severe aide. pain in her thumb, but she did Fride” ealY* the three Slowing Meslll6- alaMlindel 'el'Aie, A. 51.- covenant for renewal for two farther terms of 21 years in attempt on the part of .- .mr Wildbore, to get a will in his not think much of it at first. The howe: First clime al. es. 41d. Second claim 251. 1a2141.; S e • 81121. • the license to renew to F favour . The testator was proved to have intended to ever, became worse, and she applied to two . be procured by ramp- for it. In 19s. 3iti. i Fourth Me m, Si. l2s. 100. ; Filth doe% 4 1 . gli• -a. , the succession ; wed Ito be made at the benefit Mr. Wildbore, and as he was of sound miud, the setters in Hull, but waa told there was no cure elms , V. vs. 7 Id- ; Seventh elan. 11 . 96.90. John G. an d Thanes ton at his expense, and ten renew . Messrs Wilmer ff Frampton court must pronounce for the validity of the will.-l.ipon June this year she was advised to apply to . to F.tilw agent....-11..M. Sloop Grecian, W. Smyth, Com o f. Reirt.ti" joint expense of Frampton and the plaint . .. ne of refunded ex in the case of the Lor ds '''. died, having devised the reversion in the lands in question this application was made by the Queen's Advo- and Hall, of Sheffield, Mr. Wilmer being a regular rurg n, 'Mg, 151. lfst, ltd. ••Commander, 29/. 14.5. M. ; Firs', class, 10/. , ;to the 0 efendant upon certain trusts mentioned in the will ; ate for allowance o cos o p decision, --f ts t the arties opposing the will, and Hall not being so. Wilme r take went there. and Second diaM.Si.;. . a eh"' 34 ' ; Feet* atm' 21' ; Fifth ewe' IL. . 't afterwarda admitted aa tenant of the nearly the whole of the property going to an alien in blood ; submitted the thumb to their inspection. They at fins and • - -.14:40 - -- -•-• -, bas JOhri O. and Thomas *VA the COI'RT OF BANKRUPTCY. Before:Mr. Conumssioner Few. RAILWAY SPECULATION/I.—George Wetenhall, who iv described as of Bank-chambers, City, stock and share agent, but who has been engaged in railway speculathms, came up to pass his last examination. The lialanct -sheet runs over a period of about 12 months, and shows that he owes to cre ditors 1,4661. b e lls. ld.—Mr. Lawrence applied to the court for an adjournment at the expense of the estate —Mr. Stur geon, for the creditors, protested against an adjournment. A cash account was ordered to have been tiled aboat 3 months ago, which had not been done.—Mr. Commissioner Fane ' asked why this account had not bees liled?—The bankrupt re plied that it was in consequence of the absence of his account ant.—The bankrupt was then examined as in a booto certain which trans actions respecting Mr. Gomperta,appt ming k, he said was incorrect, having been made since the bank ruptcy.—The solicitor opposed said that there was no doubt that Gompertz was a partner.—The bankrupt said, that it was no such thing. 'The balance-sheet was incorrect and if the case were adjourned, he would make out such ac counts as might be arquired. His Honour here said, the bankrupt anawess in an idle way, and I must head him over to his creditors by adjourn ing the case sine die. I cannot sit here to superintend the examination of a bankrupt who answers in the way he does. I shall adjourn him sine die, and give him no protection, to bring him to his senaes.—Mr. LaWlll3lOB observed, that the 1 bankrupt had complied with tke rules of the court as. far as he was able, and proposed to pay the e: ass of an ad he journment. Mr. COIIIIIIiISIOIIIW Fane.—But just hear his-tone of voice. —Mr. Lawrence thought that would be found to he consti tution al. Ile hoped the court would grant protection, the 1 The Court then adjourned the ease sine die, granting i bankrupt protection for a fortnight, in order to see if he used due diligence in the case. ----- _____ INSOLVENT ORS'DEBT COURT_ Before the Chief Coninti s i on er sad C Phillips. THE ALLEGED Pottc.eutr.—The case of Jamea Blaney. was resumed to day. The adjournment took place fur the purpose of giving the iasolvent an opportunity - of bringing up three witsessee—one of whom the insolvent, on h ill former hearing, accused of forging his acceptance to a. bill of exchange. These witnesses, who were, however, pro duced by the opposition, were examined today ; and from their evidence it appeared that the insolvent had accepted the bill in payment of a debt owing by him to a Mr. Tinslay —formerly an attorney of this court—whose name was also attached to the acceptance, and who was accused of the forgery.—The Chief Commissioner, in giving judgment, said, without going through all the circunastancer of this prolonkted case, he would ob erre, that h id➢he (the l soearned Commissioner), formed one of the jury on the inlvent's trial, he should certainly have declared the man "Not Guilty." The insol v ent would therefore be discharged.— Discharged accordingly. I