The Express. — London, England, 1864-12-10 00:00:00

THE EXPRESS, SATURDAY EVENING, DECEMBER 10, 1864. LAW INTELLIGENCE. EQUITY COURTS.—Dze. 9. (Before the Neater of the Rolla.) WRIGHT V. TIM BRIGHTON BRZWERT COMPANY. This bill was filed by two of the shareholders of the above esmeny against the company and the directors, Kerne for sal injunction to restrain them from purchasing the Brighton Brewery, at Hoye, under these circumatsoces. A Mr. Syria metered into as agreement with Mr. Smithies, of Brighton, fee the purchase of a brewer,. called the Northaireet Brewery, subject to a proviso that such agreement should be void, and the deposit money twinned unless the purchase were completed within • period sow elapsed. The bill alleged that on March IP the provisional directors of the company entered into an agreement with Mr. Syers, by virtue of which the company were to become purchasers of his right under his contract with Smithers. The company was incorporated on April and its objects were, es stated in the usual memonisclum, to be the purchasing of lands generally in Brighton, for brewery purposes, sod the purchasing of the liorth4treet Brewery. In the articles of association was introduced a clause providing that the directors should pur chase from Syen his rights under his contract with Swithirs. The defendants denied that any valid contract bad been entered into on the part of the company for the purchase, and proposed eta meeting of shareholden, held last month, to purchase the Brighton Brewery at Hove, instead of that is North-street ; but no decision was come to on the mites. The plaintiffs now moved for en injunction to the above effect. _ . . Selwyn, and Mr. Fry were for the plaintiffs, and Mr. Itorborgh and Mr. Jocock Webb for the de fondest*. The Master of the Rolla, however, wee of opinion that the proposed pwchase wee within the objects for which the company was formed, and refused the motion. Costs to be costs in the cause. STUB V. Mt SAME COMPANT. This bill was filed against the company by the plaintiff, with a view to enforce specific performance of the above alleged contract between the company and himself for the purchase of his interest, under his agreement with Smithers. It was also sought to restrain the company from entering into any contract for the purchase of the Brighton Brewery, or for applying their funds in any manner whereby they might be in:►pacitatd from performing their alleged contract with the plaintiff. Mr. Selwyn, Q.C., and Mr. Fry moved for an injunction to the above effect ; Mr. Beggidlay, Q.C., and Mr. Lorna Webb appeared for the compaoy. The Master of the Bolls refused the motion with cost,. COURT OF COMMON PLEAS.—Dsc. 9. (Sittiap at Nisi Fritts in Leadon.—Before Lord Chief Justice Erie and a Special Jury.) COULDEI r. LTLL—BILIACB Or PROMISE OF IiASSIAOI,- The plaintiff in this ass, Mira Emily Coulden, sued the defendant, Mr. Joseph Lyle, to recover damages fora breach el promise of marriage; and the defendant pleaded denying the breach, and also stating that plainti ff had exonerated and discharged him from the performance of the promise. Mr. Macaulay, Q.C., and Mr. Baylis. instructed by Messrs..). and C. Cole, appeared for the plaintiff ; and Mr. Hawkins, Q.C., and Mr. Drummood Davis, instructed by Mr. Woodruff% for the defendant. Mr. iluailay, in opening the cue, said that the plain tiff was a young lady now about 23 years of rpm, nod she claimed damages for • broach of promise to marry under eiraunstanose which, to his mind, ware perfectly upper ?alibied. Ilia Coulden was the daughter of au engraver and herald painter at Cambridge ; and the defendant., win was 25 or 26 years of age, was the son of • miner to CortiraU, and was stn a very good position in life. The circumstances out of which the acquaintance of the parties originated were the following :—The defendant became an undergra duate of Cambridge, and in 1860 he was in the habit of visiting his friend Mr. Ingle+, who lodged at the house of the plaintiff's father. When Mr. Ingle. had taken his de gree sad left the university the defendant took his lodgings at Mr. Coulden's. This happened in October, 1860, and in December following he made an offer of marriage to the plaintiff. The plaintiff said there was • certain disparity between them in reference to their positions in life, and abs declined the offer upon that grmind. Towards the latter end of December the offer was repeated, the defendant succeeded in removing the plaintiff's objection, and in De,ember, 1860, they became engaged to be married. The defendant had a Inng conversation with the plaintiff's father and mother, and there was no concealment what. ever. At this time the defendant's line of life had not been fixed; he had talked both of the army and the bar, b u t he entered at one of the ions of court, and in January, 1861, he was keeping his terms. Whilst the defendant was in London. and the plaintiff at Cambridge, the def.u.l.nt wrote to the plaintiff • number of letters which contained nothing at all that was ridiculous, but which were written in the most respectful terms, and breathed the most per fect love. In March, April, and May. 1861, the defendant frequently went to Cambridge, sod be stated his intention of making known to his father his engagement ; but be bad as uncle from whom he had expectations, and who was ill and was not expected to live long, whom he was fearful of offending, and whom he frequently mentioned in his letters. Be (Mr. Macaulay) would read • few extracts from this correspondence ; and the first letter he would refer to wee the following ; " Wednesday Evening, Feb. 6,1961.—My dear Petsie,— I'm very dull, havn't even aeon your likeness MOOD 10 this morning, and now I want to see you very much I can't, so although I have no news I write to you sod hope it may do me some good, sod knowing you woe% find fault with me. I 'woes, Petsie, I oughtn't to grumble, but I can't help it, sod its very bard lines having to leave you and live all alone by myself, when we were so particularly happy together ; but we must cheer up, wit., f o r som e d a y we shall be together to remain so. I'm not going to ask you not to forget me, became I know you won't do that, and I shan't tell you that I won't forget you, because von know I couldn't do it, but ae I ban no sews I may u well tall you that I love you with all my heart, darling wifia. I with I could see you, Petsie if only for • moment, but thiuk of Saturday week !! ! God bless you, my own darling. Love to all. Your loving Saul." The defendant called himself Mille in meet of his letters, and he frequently called the plaintiff hie darling Petaie, hat be often called her his darling Tiddy, and other OMNI of endearment. (Laughter.) The next letter win the fol lowing : " Fri lay Eveoing, Feb. 8, 1861.-34 darling Petsie,— Never did I get a letter with so much pleasure se I did yours this morning, and that pleasure was so much increased whoa I had reed it—in fact, I'm sure that your happiness could sot have been greater. Doses you ever fear that you will bore me, darling, because that's particularly unlikely, sad quite impossible if all your letters are like to-day's and, Petals dear, in all the studies I ever loved so well, when I begin I very soon find that love drives all the law clean away. (A laugh.) The letter concluded :—'• Now, good bye for a little while, wille.—God bless you—With deepest love, your own Bette. "Feb. 12, 1861.—My own Petaie,—l know I shall have a letter to-morrow morning from my wake, so expect that time will pass % little quicker than it has to-day. Horribly slow it has been, except when thinking about you, darling. Geo. has just come in, and hurries me so. With hest love I wish you good bye, darling . — Your KALIF.. kiss mamma and l'op.' , " Feb. 2.1, 1361.—1fy darling,—You know that whatever you ask will he granted, so don't eak permission to ask any more. Admire the tautology. There is sot any news. I'm going to church to-morrow, like a good boy. Why should you like to box my ears? Would it be to make me same* the penalty for such a rash proceeding ? 1 shall punish you even for the wish, Think about me at easy time to-morrow, Feta* and iodulge me on Holiday moraiag. You're a dear 'good little wine to write me last night. Good bye, darlirg. Love to all.—Your KALIL Tell Pop not to kick up a shindy in church." (Laughter.) " Feb. it, 1861.—My darling Petaie,—The idea of your being frightened at asking me for a few &were 1 Compose yourself, dear, and think that I shall have more pleasure is bringing them than you in receiving. Jan in a fearful hurry, being an hour too late for en engagement, and having tolls* before I go; so pardon this dismal scrawl. 111 write again to-morrow. Wee, you. I love you.—Your Kane." --- He (Mr. Macaulay) dal not wish to go through the whole correspondence ' but he might remark that a l mos t every letter called the plaintiff "Dear Wifie," and was no doubt written io perfect sincerity. The defendant had warned the I.laiotiff against goiug to public entertainments, which he thought in a town like Cambridge might lead to calumny ; and on the thh March, 18ti1, he wrote to her : "Dear Wilie,—Just one line to toll you that you shall be petted for not goiog to the concert, and that I'm very much obliged to you for staying away, a I like to say all the pretty things to you myself, and not fur other people to audibly praise you; in fact, it is very impertinent of them, and must be very annoying to you. Is any other place you might enjoy yourself without being (what I call) insulted ; bat at Cambridge I am afraid it is not so. There is not a Idiot news, save that I love you, end alway s shall. —Good ova, dares:. Don't forget your ILuAz. want a kiss very much." During the whole time of comerpoodeoce the defendant plaited the plaintiff under strict injunctions with regard to her dress ; warned her not to go to public places • he pre scribed a course of reading, and made her learn IWian and German ; and she lived a perfectly retired life ' and obeyed his commands in every respect. Towards the latter sad of March the defendant was going on an expedition to Scot land, sod he wrote to she platotilf— "March l+eil.—V•darliog Petsie.— rm sure you'll for give me for going Dorth without seeing you, as if I bad come to Cambridge 1 should have had s great row with the tutor. Moreover, we could have bad no fun with that in the house. You're not to be too kind to that tarty, mind. write to you whenever I get to my journey s eud, whenever that may be ; but I'm not sure yet, as I am going into the wilds, where there are no postal arrangtmeutv of any de• neriptioo. 1 hope sou won't think cue a brunt, and go fretting yourself about it. You must be trustful like good child. and not worry your poor little head about nothing. You know I shan't change, not being of the weether-rork sort. Addio anima MIA. God bless you.— Your own KALIL" In the next letter the defendant wrote :—" My ewe darling, T long for you more and more. Wbea will an my wools be &dallied, I wonder r And oe the 28th /Larch he wrote : " Ily dear Esaily,—l got your hitor last tight as I was stepping into my cab. Its contents have grieved, and I must say surpriaed me. lam very sorry that any action f miss should have lessened your confidence, or have caused jolt a moment's pain, as it appears from your letter I have done, as it was most unintentiooed. My absence from Cambridge was news eery, not because u there, but from a slight fracas with —. I very much regret, indeed just now I am deeply grieved, that from peculiar circumstances I am unable to inform my family of what has happened, and from this very reason I wish it to remain unknown to my Geode. I fear that lam causing you pain when it is ins tensible for me to help it, sod also that fretting will do you harm. If I can in any way alleviate your sorrow please let me goow when you write. Although I should have beet very glad to have seen you, I am glad you did not come to Loodom Would not such a visit have declared a mistrust which I scarcely deserve. I hope you will osase to be un happy, as I cannot be other myself while thinking that any deed or word of mine would have given you real cause for grief —I am, with best love, your KAIll." "Oa board the Dolphin. in Loch Fyne.—My dearest Petsia,—ln spite of all my sins of omission and commission, I have not forgotten that Monday is your birthday, and though I fear you won't get this for mow time, as the postal arrangements are rather loose in theme parts, yet I must wish you very many happy returns of the lat. I imp poee 1 shall be forgiven by the time I come back, i.e., if I am not forgotten instead.—With beet love, Kaum." The Lord Chief Justice said that it was hardly necessary to go through the correspondence, for there could be no doubt that the relations between the partial were most affsetioints. Mr. Hawkies—Just so. Mr. Macaulay said the story was very short, and he would not occupy more time than was aeronomy. Ile was now coming to a pert of the case which wee net unimport ant. The defendant having declined to send a formal in timation to Lis family of the position of a ff airs, both the plaintiff and her mother urged him to break off the engage. ment, but he refused to do so. The correspondence conti nued ; and in November she was on a visit to her noels, a silversmith in London, and while there the defendant urged her to consent to a private marriage ; but after full reflection, for his own sake, she refused to be so married. la December be was at his father's home, and On the 14th be wrote this letter : " Bourbon, Friday night. Dearest Tiddy. Sup posing I go to Balaton to•morrow, I get this ready to post there. I suppose that you will read it, although it is (like the rest) stupid and newsier. My mother is not much batter, bat does not suffer so much pain. Not a very ilourishiog amount, is it ! You see if you bad tamed up on that said Saturday morning (tb• appointment for the private marriage) I might have had another bores for my mother that Icould conscien tiously recommend • but you did not, so H. P. and every thing alas are defer red. You did it (as you thought) for my good, but I really am not sore that it is so—we Shall sea." The oorrespondence continued from this tiros until Feb. , 1862. and on the Bth he wrote : you forgotten your promise? I mtwa that you would not fret any mon. I have scarcely moment to spare, bat can say I love you. ILLI.te.-1 shall hear from me on Monday." After this he ceased to write to the plaintiff, and she omit knew why. Sbe wu very much afflicted at his silence, but she could get uo answer to her letters, and at length she wrote to him through hie sister, and he having got that letter wrote thus " Dearest Emily,—This letter will never express to you my shame and disgust at my own conduct. I can, in fact, scarcely write it, for I never thought it possible that I could treat such love as yours in so vile • manner. To tell you the gusts of the last these or four months would be simply to reaseetulue • series of events. the recklessness of which ems only be equalled by the unqualified misery of the result. It is not alone that you are deceived, but every one persists in thinking that I em not doing wrong, when I know that my present course leads to Dodoes but wretchedness. Ido not ask for your forgiveness, it is undeserved ; but 1 would give the rest of my life to think that you were happy. I looked at your likeness to-day, and you looked so pure and good that I could not fancy you lisked by any tie to such as I am. My aster Grins baguet me your letter, and suppose has answered it ere this, is shit manner I can't imagine : tut I hope in oat that will not cause you pain. It she knew all I sm sure it would not. 1 suppose I shall not see you for • long time—perhaps you may lay never ; hut if it could be soon, I should at least be able once more to tell you the real truth, which is that I love you better than I ever chi Muse write me, even if you say that I rout DOW see you again.—JOISIPH LTLI, The next day be wrote : " Dearest Emily,-1 don't know bow my letter of yes terday may be received by you ; bat if it be with forgive- nese, I should very much like to see you as coos as possi ble. I ought to go down to the militia to-night ; but if I do Dot, and I write to say so to-morrow, do you think that , you can possibly arraage any plan by which you can come up here ur meet me anywhere early next week ? If it was not fat the way in which Toe have been treated, I should have put a question which you once promised to answer as I wished whenever it reached you ; but you deserve better than to be held liable to anything you may have promised me.—JOSLril LTLI, jun." This was followed by the following : "Donut Emily,—l have applied for leave from the militia, but shall not be able to get away from town. Can't you possibly come up. You keen you have not seen the Exhibition yet. I wonder if lam forgivem or if my present state is only one of aulfeturace.--Good night, dear, in haste, Jour—JOS[PH LYLE. Inn." In comeequesce of these kitten, the plaintiff, accompanied by her mother, cam* up to Loudon, and had some calmer maim& with the defendant, the &atriuma of which was that be thought of going to a colony, and mentioned British Columbia. He proposed after he had settled abroad to marry the plaintiff, who however thought that New Zealand would be a preferable place. On the 31st of ]lay be wrote: " My dear Emily,—The rubbish (his luggage) has turned up all right, and many thanks to you for sending it. I think I have beard you say that you would not mind being • squatter's wife—do you etick,tu fhb? I will now give you • solemn promise that I will not go to Britaah Columbia. I have an idea of turning colonist, but as nothing is settled plasm don't say • word about it. The Cambridge dons will, I anticipate, be quieted during the ensuing week, for which waste of money I expect to suffer. Waste not, want not. You shall bear all the news as it progresses, and may as well turn your attention to making pre and frying bed steaks. I believe that at present I should beat your head off at cooking. Can you boil eggs? lam more than half serious, miod.—With love, ever yours, Jose." At this time the last interview took place between them, ' and Mrs. Coulden talked of the advisability of their breaking the engagement, sung that the plaintiff could then near to part with him, though it might be otherwise if the affair conic to am end after be got to the other side of the world ; I but the defendant refused to release the plaintiff from her ! engagement to him. He again wrote— •• o n board Bombay, °wowed, Monday.—My own Darlieg,— You will have given me up like the rest by this time ; but the last week has been such • scramble that I have out been able to come to you, although I tried hard to get • day. I know, my darling, that you are grieved by my I going away, bat remember 1 depend on your love, and that you are my promised wife. Before 1863 has passed away - you will be with me, and my own. God bless you. Dear Petsia don't let people turn your love away from me, but rather, if possible, teach the., the truth, that this step I has been taken mote for your sake than for other reason. If 1 get • chance I will send a letter by a home ward bound. Good bye, my darling. Give my love to Mr a. Cflulden and Louisa, and behove that you are better loved thee) ever by your own Kull." On the 7th July, the defeedant wrote at sea : "My dear Petsie,—A homeward bound la in sight and will probably take this off. I have only just time to say that wears becalmed in • fearfully hot goo. and with nights as hot as the day. Sharks, flying fish, and other tropical curiosities are every-day things now. Banos we left one of the crew died. nod we had to bury kin at night. You've no idea bow short of sews we are ; the slightest thing sets us in • fearful state of excitement. God bless you, my own der : ling; don't forget that or you depends my happiness. end that I expect you es the reward of my labours. This is written on my trunk in our cabin, sure feet by eight wide. Dilly is writing away oe our table which won't hold Ewe, God bless you, my darks,. Love to those who care to Lave • it. —Ever yours, JOeLPII LYLE, jun." This was the last communication that was received, though afterwards the plaintiff wrote repeatedly to the de f.-adapt at an address which he had given Ler at Otago, bat months and months elapsed without au answer; but at length, in the early part of the preseut year. she loathed ' from sweet that the defendaut was already married in New Zuland, and it had been further ascertained that, bums dmtely upon the defendant landing in New Zealand, he ' married a young lady who had been a passenger in the ship sith him. Nuw he (Mr. Macaulay) must say that it was an i nuparallaled incident that tb• drifted...at should not Lave taken some step to prevent him from receiving tiniest of the plaintiff's love letters, he being at the time &married man ; and he slid sot think that has learned friend, Mr. Hawkins, could, after this, have • single word to my to his client. The defeodant's uncle bad died, leaving to the defendant, upon the death of his father, an estate of 6tH acres, in Curuwall, together with two smaller estates ; and the de. tendant was now farming the GOO acres, sod had upon the land about 5.0001. of farming stock. The defendant bad also received a legacy of 1,0001., sod had some reversionary interest should any of his sisters die before their father. Is conclusion, the learned counsel submitted that the plaintiff I was entitled to • handsome verdict, to vindicate her from the wrong which she had suffered. I Mts. Couldeo, the plantars mother, was called as a wit. I sus, but before she was examined a consultation took place between the counsel, and in a abort time it resulted in a settlement of the cue. Mr. Hawkins stated that he was very happy to any that there was an end of the case, aa they had arranged that there should Lea verdict fur the plaintiff for 1,11,10/. He wished aka to state cio the part of the defendant that when his learned friend remarked that he (Mr. Hawkins) would sot Lave • single word to say in justification of the treat ment which the plaintiff bad received he said what was strictly correct. He (Mr. Hawkins) had not • angle word to ear in that way, but on the contrary, in ever• single ex. pression of ►is friend as to the character of this young lady, laud iu ono syllable that naloundal to her credit, the de. fesidaattnost cordially joined. It was also his very anxious desire that in consenting to • verdict it should not be believed by any human being that it was through any fault or default of the young lady th►t the iangsgement was broken off. _ — c••raiCt tau than taken by consent for the plaintiff. &naps 1.0001. COURT ON EXOREQITER.—Dsc. 9. Bittiop at Nisi Prins at Guildhall.-(Blocs Mr. Bina lisrtiut and a Commas Jury.) JAMS T. ONEDITAL FINANCIAL CORPORA] TO PUBLIC CONZASIZS. The was an action to mover moil bad and received the defeadante to the use of the plaintiff. The defeudeate pleaded Dever indebted. Mr. Edward Jamie, Q.C.„ sod Mr. T. J. Clarke were comma for the plaintiff ; and Mr. AL Smith, Q. 0., sad Mr. Robbins for the defendaista. Mr. 1:. James said thin was a cue which he apprehended would remise itself ultimately into a point of law for the determination of the judge rather than the jury. The action was brought to recover 1001. under the following circum stances. The Oriental Financial Corporation (Limited) was • company established hut spring under the Companies Act of 1862. According to the first prospectus the capital was 1,000,0001., in 20,000 shares of 50/. each ; the fist erne of shares was to be 10,000, the deposit on application IL per share sod 4!. on allotment, the calls not to exceed 51. at intervals of not lees than three months. The object was to promote financial, commercial, and industrial enterprise in the East by the application of English capital. The prospectus also slated that the memorandum of the articles of association might be seen at the other of the company, and that in the event of no allotment beteg made the deposits would be returned without deduction. The plaintiff, who was a solicitor, made an application to the director, for shares in the following form :—" Gentlemen, Having paid into the bankers the sum of 1001., 1 request you will allot me 100 shares is the Oriental FisencialCorpr ration (Limited), and I hereby woe to accept the sem*, or any lees number that may be allotted to me, and pay the calls in respect of the shares so allotted when due ; and I authorize you to place my name on the register of mem ben for the number of shares allotted to me." The 1001. was paid into the bank, and on the 14th April lest he received • letter from the secretary of the company in the following wards :—" In reply to your application the disisetors have allotted you 65 shares. The amount required upon this allotment is 3251., and you have already paid 1001., leaving 2251. to be paid to the kfermintile and Exchange Bank, the 1 bankers of the cow:F i r, making 5!. per share, to be paid on ' or before the 23rd A instant, or this allotment will be liable to be muesli sod the deposit forfeited." This was a term which the plaintiff never contemplated. He never sap. posed that the money was to be forfeited on any given event, and therefore the defendants sought to impose upon him • term of which he knew nothing when be made the appli cation for the shares. There could be no contract between two parties unless both agreed to its terms. The plaintiff, therefore, paid no attention to this communication. On the 4th May he received • letter stating that the 2251. still remained unpaid, and requesting the payment of it, with interest at the rate of 10 per cents per &scum, from the 23rd Apr 1 Of this communication the plaintiff also took no notice. On the Zith May the secretary again wrote to the effect that if the mow, with interest, was not paid by the 6th June the shares would be liable to be forfeited. The plaintiff did not reply, and be received another letter stating that if the mosey was not paid by the 30th June the shares would be forfeited, and that he would remain liable to all calls and accruing interest on the shares from the day of forfeiture. On the sth July he was informed that in pursuance of the resolution of the director the shares bad been forfeited. On the 26th July the plaintiff wrote to the secretary, stating that as the allotment was cancelled he had to request the directors to forward him • cheque for 100/. Oa the 29th the secretary WTOill that his proposition could not be entertained. The plaintiff replied on the 4th August that he had made no proposal, but merely made a request foe the 1001., as the natural sequence of the set of the directors. The l earned counsel submitted that under these circumstances there was no contract by which the plaintiff agreed to the deposit being forfeited of any certain event. and that if the directors chose to cancel the allotment of shares there wee no consideration, and the deposit became money received by the company to the use of the plaintiff. He added that he thought the best course would be to put in all the documents, and leave tbequestion, which he considered to be one of law, to the court above. Mr. Baron Martin said it struck him that the question was one for the jury, but if the parties agreed to refer the point to the court above he would have no objection to that Smith said be preferred the case being left to the Mr. Baron Martin thought it was for the jury to my whe ther the plaintiff assented to the terms of the allotment letter, in which it was stated that if the money wu not paid the shares might be cancelled and the deposit forfeited. Mr. Y. Smith then addressed the jury for the defence. He said that the Oriental Financial Corporation was a very respectable company. with a very respectable bed► of dim tors, and when started, the plaintiff, like many other per sons, applied for shares, in the hops, no dtubt, that they would go to a premium. lie received as allotment letter, in which he was informed that if the money due upon the shares was not paid the allotment was liable to be cancelled and the deposit forfeited. If be objected to those terms be ought to have domino at the time, but not baviog repudiated them they were binding upon him. Onion some agreement of that kind was made companies could Dot be formed, and shares could not go into t►e market. There could be DO doubt that the plaintiff was waiting for the chances of the market, and that if the shares had gone up to a premium be would have paid the whole 3251., sold the shares, and pocketed the premium. The shares, however, went to • discount, sod then the plaintiff repudiated the allotment letter, and wanted to get back his money. The Secretary of the company, who was celled, deposed that on the 14th April the shares ware stationary in the market, and that on the 23rd they were at a trilling dis count. They had never reached • premium since, but the discount had become greater. Mr. Baron Martin, in annaming up, said the verdict of the jury depended upon the letter of allotment, which told the plaintiff in very plain language that in the event of his not paying the it. per share, in addition to the 11., the allotment would be liable to be cancelled and the deposit forfeited. If be had written back immediately, and amid, " I know nothing of that term, and I won't agree to it—give me back my 1004," be would have been perfectly right in doing so, because it wae not a term contained in his application. Be, however, did not do so, and allowed all the time from the 14th April to the sth July to elapse without making any objection. If the jury thought the truth of the matter was that the plaintiff meant to play fast and loose, to take the shares if they went to a premium, and to refuse them if they were at • discount, and that is reality he agreed to the terms of the allotment letter, they would find • verdict for the defendants ; but if they thought he did not agree to those terms, he bad received DO consideration for his 1001., and was entitled to their verdict. The jury, after a brief deliberation In the box, found • verdict for the defendsots. COURT OF PROBATE AND DIVORCE. Dec. 9. (Belau the Judge Ordin►ry.) grunt o. 6lOat ►YD arrizrux. When the above cue was celled 00, only six of the special jams summered to their SIMMS ooe of whom, having bees mooed for three days in the jut caws, requested to be ex cused. Sir J. P. Wilde thought it was hard that Le should be called upon to act nein, but the small number of the panel who had attended rendered his presence necessary. The Queen's Advocate having prayed a tales, proceeded at greet length to open the cam Be then called the follows mg 'Atomises : The Rev. William Courteney Clack—l am carafe of the parish of Morton Hampatead. My father is the rector of that parish. I produce the register containing the entry of the marriage of the parties in this cense. I performed the ceremony myself. The respondent is my sister. Another sister of mine is manied to Mr. Stephenson, another to Mr. Bragg, and another to the Rev. Mr. Iteiby. I myself married the petitioner's sister. Shortly after his marriage the petitioner went to India. He is • captain in the Indian army, and has also au appointment in a Devonshire regi ment of militia. After his return from India he went with his wife to reside at my father's, and afterwar ' is at Bud leigh Selterton. They had two children when they came to Morton, and they bad soother born there. Captain Stone meet to India again in 1859, and a fourth child was born in the November of that year. In December, 1861, in maw queue. of some communication I had received, I went to Budleigh &Berton. Cromexamined—That was on the 17th. My sister had previously been staying at Morton. My mother (who is since deed) wail exceedingly ill, and my sister bad come over to see her. She stayed • fortnight or three weeks. Captain Swim came with her. but he left before she did. On the 12th of December be came to my house. Mr. Stephenson was not present at the interview. Captain Stone applied to me fur his settlemeote, but 1 bad sot tb• custody of them. He slept at my house one night. My father bad been incumbeet of Morton 50 years, and our family are well known at Exeter. 1 knew Mr. Webb, He was • friend of ours. Mr. Stephenson lives about five miles from Exeter. I don't thiok I ever west to see my sister at Iludleigh Saltertoo. She was living in a amen cottage, and upon straitened mean,. l bad an snot living there, Mies Hannah Maria Stets. Mr. Appleton wee a married man, with five or six children. Budkigh Sol. tertoo is a little fishing village, ten miontes' walk from oat end to the other. When 1 went over on the 17th of Dee., I maw my sister, and 1 also saw Mr. Appleton at hie own bottle. _ _ _ 11.Zezarninad—Str. Webb was not a great friend of =is*. but I had mat bitn. He hada good rapotation at Easter t eur r ° °' Augusta Johnson, of 15. Sutherland-placer Bayswater—l am the widow of Csptain Johnson. I wee as very intimate terma with the respondent in India. I nod loot ber being confined on the 23rd of April. 1856. I saw her daily previous to that time. Dr. Mackenzie Weeded her. The child was • full-grown healthy baby. Mrs. Stogie said nothing to me about the birth being premature ; oo the contrary, it bad happened on the very day it was expected. Cron-examined—l have not had children myself. Miss Rout Jesse-1 reside at &White% Saltertoo with Miss Stone. the petitioner's aunt. I had lived with bee ever since 1850. I saw the respoodenta few hours after the birthof the third child. If ra.Stooe said that it mama very fioe baby, sod that the name had told her it was as large a many children of a month old. Shoals° said that shelled gone • fortnight beyond her fall time. I remember her being ill in January, 1861. She said that she was very bilious and weak. I spoke to Mr. Appleton about her ; and be said that her aunt Deed not be uneasy about her. She was very poorly again in March • and she told ma she was to take everything streagthenni . g, mid to wear • headege. Captain Stone eau bowies the 18th of May, 186 L A day or two before then the respondent expressed great sorrow at his returning re ill. She seemed to be very excited ; but I thought that that might have been on account of her husbuid's health. Mr. Appleton left Bedleiub at the end of April. He returned about November and went away for good at the sod of that month. He him sever tome back, to my knowledge. Mrs. Appleton lived only • few minutes' walk from ms. Mr. Appleton bad been established at Budleigh for 6ve or six years. He had a good deal of practioe. There was another surgeon at Builleigb, named W►lker. He at first attended so respoodeut and her family, bat afterwards be only attended the children. Mrs. Appleton left B u dleigh is June lest. Iu October or No vember, 1861, Mrs. Stone spoke to me about • letter which she had received from her eldest sister, Miss Clack. She reed it to me, and said, "Only think how unfortunate. My old nurse is engaged for November. December, and part of January ; and I shall want her at the end of December. or at the very beginning of January.* A short time niter this she went to Morton Hampstead ; and the evening before she also told her aunt that she should want her nurse at the very beginning of January. She went to Exeter on Christmas-eve, but I did not sirs her there. The resposdtet had two permits while she was at Budleigb. One of them, Susan Harris, had been recommended to her by Mr. and Mrs. Reiby, and Mrs. Stone herself often spoke of her se a very kind, willing, well-conducted young woman. (The witoess proved the handwriting of a number of the respondent's letters, and also one or two from Miss Stone. These last referred to a report that the respondent bad been speaking ill of Mr. Walker, and the reepoodent, i odium tly denying the charge, demanded to know who was Miss Stone's informant.) Cressexamined—Captain Stoats obtained the respondent's correspondence with Miss Stone from his aunt herself. He told use that he bad been accused of taking letters from his wife's desk, bat that the charge was not true. The respondent appeared very fond of her children. She was always a delicate person, and was often very ill. At the beginning of 18 6 1 she kept her bed, and when she did get out &be was obliged to go io donkey chairs. She said that she often vomited blood. She appeared to be in • state of great prostration, and she mitered also from • varicose vein. Before Captain Stone went to India he appeared to be very friendly with Mr. Appleton. and spoke in high terms of thegreat skill which he bad displayed in respect to one of his children. He wished Mr. Walker to attired Mrs. Stone, and Mr. Appleton the children. Mr. Walker declined to do that. and Mr. Appleton bad therefore to attend the whole family. I never heard that Mr. Appleton bad lent Captain Stone money. When I told the respondent that her husband was coming home she expressed great pleasure at the circumstance, but great sorrow at his illness We bad beard that he was coming home in • broken-down state of health, and that be had been obliged to give up an ad jutancy which he held, and which brought him a consi derable portion of his income. The old nurse referred to by the respondent was Ann Marden. I cannot say whether what Mrs. Stone said was that, as Mrs. Maiden was en gaged in December and January. she could not take her situation. She said nothing about her being desirous of having her nurse in the house • considerable time before her confinement. Ido not think she was, because she told me cue day that nurses were expensive things. I don't know where Ann Maiden is now. I did not mention before what Mn. Sloes said about the sire of her baby, because I was not asked about it. Susan Harris was • person that bad been in • penitentiary. Mrs. Stone told me that there bad been very extenuating circumstances in bar ease, and that she bad had • sovereign sent her beanies she bad behaved well in her situation for • year. Mrs. Stone trusted her with her children. When Mrs. Stone was ill and the other servant had to attend on her, Harris, being the only other woman in the house, had to take esre of the children. That is what I mesa when I say that Mrs. Stone trusted her with them. Captain Stops dismissed Marks, the other servant, because be did not think she was active enough. I recollect Mrs. Stone coming back from Taunton. She was very ill ; and said she bad • swelling on her side. She was, however, able to walk. Hei•examined—She erne ill in January. 1861. I do not think she was better till the latter end of March, but she continued very delicate, sod she went to Taunton in April for ohmage of air. I believe she drove out in March. When I have gone over to see bar, thiokieg that she would be lonely, she has said to me, "My doctor has been so kind as to sit an hour with me—it is a bad day, and I did not aspect you.' Mrs. Helen Skinlay—l live at Budleighßerton. lam the widow of • naval officer, and I hero been obliged to keep a school. In March, 1859. I became acquainted with Captain and Mrs. Stone. They placed two children uoder my care. I wart to Mrs. Stone's house one day about the middle of February, 1861. She wee in bed, and was very ill end weak. I offered to pct on the bandage for her which she was wearing ; but she t ha nked me, and said that Mr. Appleton could do it himself. While I wee there, the err vent brought a letter. She opened it, and having looked over it, she pat it on the bed and said she would read it by and bye. She said she was very sorry to find that her hus band was so ill that he would bare to come home. She was very excited that evening. She repeatedly looked at her watch. I raid that I feared she was expecting some one, and that I would go. She replied, " No, he will not be here yet.' She told me that Mr. Appleton would rime about nine. Susan Barrie, the servant, came is and out several times. I after wards beard a ring at the bell. Mrs. Stops geld, "That's be; no, it isn't, pray stay • little longer." I, however, kilt her. I saw hoe win to March. She had a letter in her hand; and she said, "Oh. Fmin such trouble. What do you think ? My dearest friend has turned against me." I said, " Who? " She said, "My soot Hannah." I told her that she ought to bare sane one to guide her, and she said &ha bad. I told her not to tell me what it was all about. Sir, said, " No, I don't wish to tell you, for it may be brought into • court of justice, and you might be called se • witness ; if you were, it might ruin mess • wife and • mother forever. Mn, Sloes never said anything to me about Mr. Walker. In October, 1861, I remarked to her that I was very pleased to see bet to " that state," so soon after her husband's return. She seemed indignant. led said, "laded you can't see anything of the kind." About the beginning of November she told me that it was very sad, but her husband would not allow her to have her own medical mix. I asked her when she expected her confine ment, and she told me in December or January, or there about.. Cross-examined—Mrs. Stone said that her husband bad to come borne from India on exeunt of a &rook affection of the liver, and that his return would diminish their income. She did not tell me that the servaat had put on her bandage, and bad done it so badly that it had iecremed the swelling it was intended to reduce. I was examined on the former triaL I then said that what Mrs. Stone told me was that if some matters went beforea court of justice it would ruin " her and her family's peace for ever." I did not then say anythieg about " ram as a wife and a mother." Within a very short time—before the neat day was over—it occurred to me that I bad not used the precise expreerion. I did sot know that Mrs. Stone was referring to some obeervatiorm which she bad made about Mr. Walker. I heard that after. wards. Women greatly dislike being attended by any other than their own medical men. Swan Harris—ln September, 1860, I was residing at Bud. leigh Salterton with Mrs. Stone. I went io the family by the name of Betsy. Mr. Appleton used at fine to all once or twice a week. In January, 1861, he began to call every day. Sometimes he stayed an hour cr a hour and a half. By her birthday, the 11th of March, Mrs. Stove was begin. nisi to get better. and Mr. Appleton then only called oc. camenally. She went to Taunton on the 7th or Bth of April. After her return Mr. Appleton called frequently. When he came he sometimes saw Mrs. Stone in her bedroom, and sometimes in the dining room. Some. times I found the door was locked, when I went to esquire about orders for the tradespeople. When I did go into the dining room, Mrs. Stone would be lying on the sofa. She has salted me what peo- ple generally took when they were pregnant I did not remember at first ; but the mixt time I said I had heard that it was white precipitate powder mixed with beer. That was a short tame before Captain Stone came hose. After Captain Stone's return the asked me again, and I told her what I had said before. I hare seen Mrs. Sloss take the pre cipitate powder. I bare seen her take it sometimes in the dining-room ' and sometimes in Captain Stone's dressing room. She took it out of a wine glees. She asked me to fetch 11011141 from the chemists and I did so. Sometimes I fetched it. and sometime., Marks did. She said she Loped it would do her good. BI the Judge—l only fetched it once. The Judge— But you said " sometimes you fetched it, and sometimes Marks." Witness— f said sometimes I mixed it and sometimes Marks did it. Once Mrs. Stone said she thought it had doge her good. She afterwards asked me if I meant to speak of it. I said I did sot know,—it would all depend. She asked me to go into her serrice at Exeter, sod uttered to advance my wages and find me in clothes for two years. I said I should leave the family altogether. She told nie that she was afraid she was pregnant, sod that Mr. Ap pleton would be the father—that the thought he bad put her in a swoon and taken advantage of her. This was in December. In that month I was at Mrs. Stone's when Mir. Bragg, Mr. Stephenson, Captain Storm, and Mrs. Baker were there. It was on • Sunday. I was not here at the last trial, but my examination was takes by a commission. lam not married. I was confined last March twelvemonth. _ . Crossexamined—That wu my Ant child. I had been on the streets, and then 1 went into the Penitentiary. A fter I left Mrs. Stone's I went into helginge at Exeter, and then to my mother's. Mra. Baker paid me sa. a week till just before I was examined in March, 1863. I am not sure whether Susan Marks was present when Mrs. Stone talked about the precipitate powder. She took it perhaps a dozen or twenty times. I have never takes it myself. I dou't recollect the name of the chemist, but there was but one in Budleigh Salterton. Mrs. Stone was taking the powder for two months. Sigma Mark■ fetched some for her from Exeter. She mixed it for her half a dozen times. That was after what I had fetched bad been used. I never asked Mrs. Stone to raise my wages, but Mrs. Stone said she would ask Captain Stone to rake them from 8/. to 111. lie raised it to Si. I never told Susan Marks that I bad a grudge easiest my mistress. I found the dining-room door locked whit Mr. Appleton was with the respondent—perhaps a dozen times. I gave my evidence to Mr. Baker about the time Mr.. biome west away. I went into his service for a few weeks after I left Captain Stone's, Re-examined—Mrs. Skies wrote a note to my mother promising to give me a good character. (This was pro. clued.) Susan Marks and I remarked the time Mr. Apple ton stayed, because we said to one another that something bad would come of it. — At tyi Maio of Na proceedings ch. court adjourned. ASSIZE INTELLIGENCE. HOME cutcriT.—HERTFORD, Thic. 9. (Before Mr. Baron ChannalL) DATING HIGHWAY DONNIRT AND ATMS?! TO mum= George Savage, 26, • determined-looking young urn, was oharged with feloomusly assaulting end wounding Joseph Barker, with intent to murder him, and in other coasts the intent of the • was laid to be to do the prosecutor grievous • y harm. There was • around indictment against the prisooer which charged bun with felooiously assaulting the same prosecutor and robbing him of 21. 12s. in money and a pocket handker chief. The prisoner, when called upon for his defence, made a rambling statement to the jury, the purport of which was that he wee innocent, and that the witnesses had made • mistake as to his being the roan they had seen at Hertford on the evening of the robbery. The learned judge having summed up, the jury, after a very abort deliberation, found the prisoner Oralty upon the more serious count in the indictment, charging an intent to murder. . . . . . . E;iiiiece was then given that the primmer was convicted of robbery in 1859, and sentenced to Bre years' penal servi tude. It appeared that be was relessed upon a ticket-ot leave in 18ti2. 11reptieotTer, when b• was wiled up fa judgment, de clared to God that he was ionoseat of the crime. Boren aistl7;ll,epi;gesitear;,.Lithat the jury, after a most patient Gormley, had found him guilty of wound ing the prosecutor with intent to murder him, and upon the evidence that had been given, he entirely concurred in that verdict. Only a few yearn ago, he should hare been compelled to sentence him to death for this offence, and, taking into consideration the aggravated nature of the crime, he felt that it wee his duty to sentence him to twenty years' penal servitude. The prisoner as he was leaving the dock, said with • grin, ' &b, it I live and have luck, I shall soon be back HeHe was thee removed. NORTHERN CIRCUIT.—MANcazazz, DEc. 9. CROWN COUBT.—(Before Mr. Justice Blackburn.) Ann Leslie, 31, who bad pleaded guilty to the charge of having, at Manchester. on the 16th Nov. feloniously and maliciously sent, delivered, uttered, and indirectly caused to be received by John Whalley, a merchant in the Man chester trade. • certain letter, threatening to kill and murder the said John Whalley, she well knowing the con testa thereof, was placed in the dock to receive sentence. The primness was asked in the usual form if she bad anything to say before sentence was passed upon her! She replied that she was guilty of sending the letter, but she had no intention of carrying out the threat it contained. The Judge—Why did you send such • letter The pri.oner replied that she was in the greatest destitu tion, and was starving. She had known Mr. Whalley 14 years, and sines she bad been acquitted of a previous charge made by him she had not had • halfpenny with which to malutain herself. The Judge—You had been tried for and acquitted of shooting at Mr. Whalley, with intent to murder him. After the acquittal you undoubtedly sent to Dim a letter threats°. tag to kill him. Why did you do that if you did not mean it! _ _ _ The prisoner replied that after her acquittal she asked him to do something for her ; be had refused to do anything, rod there was, therefore, nothing for her but starvation. Mr. Pope, who held the brief for the prosecution, said he could not allow that statement to be made without contra diction. She bad written letters in which she had mentioned other names. . _ The Judge asked the prisoner to explain why she sent the letter if she did not intend to put the prosecutor in fear of his life with the intent to extort mosey. The prisoner said she had no ill feeling against Mr. Whalley; she ouly wished him to enable her to get an honest living. The Jodge—ln other words, you threatened his life to extort money from him. The primmer—l have no ill feeling against him. lam In the greatest destitution I have got a halfpenny or a friend in the world. I have known him 14 years. He took me from a good home; be brought me to Liverpool. He has deserted me three times. I have lost the best of my days with him. He has always promised to marry me, but be would sot fulfil his promise. Iwu living in Thread needle-street, Loudon, and he brought me here. The Judge—That may or may not be true ; it does not ' affect the guilt of sending a letter threatening his life. Mr. Pope (in lamer to his lordship as to whether the prosecutor really believed his life in danger) said be was not instructed to press hardly against the prisoner, except so far as was neeossary to secure the personal safety of Mr. Whalley. It wee untrue that since her trial for shooting at Mr. Whalley with a pistol loaded with ball he had re. hued her relief. He had offered her the means of getting • livelihood abroad, but she refused to go. The Judge—l want rather to know the circumstances of the acquitted, and under what circumstances Mr. Whalley was fired at. Mr. Pope—My learned friend Mr. Torr, whodefended her, suggested that her object was not to murder him, bat to frighten him, is order to extort money. There was at the time a good deal of popular feeling. The Judge, in passing sentence, said—The offence you bare committed is one which may be punished with the very severest sentence. It is that of threatening to take • person's life, which is an offence that, committed under other circumstances, . would be properly punished by • period - - of lecgthened puma servitudi. r The probability G Is that • similar view may be taken of this case to that taken by the jury of the List, that the threats were for the purpose of terrifying Yr. Whalley without the intention of their being carried out ; the came, however, must be stopped, and soy such proceedinp as these pre vetted. I hesitate whether I ought not to pass a severer sentence than I am about to do ; but I think when you find these threats are to be followed by actual punishment you will cease making . them. If, alter you have suffered this sentence, you awn commit these crimes, you must expect that you will be visited by severer punishment and be de tailed probably in penal servitude for a length of time. As it is I think it will be sufficient to deter you in future if I pus a sentence of six months with hard labour. OXFORD CIRCUIT. -- V . , — —.AFFORD, Dic. 9. (Before Mr. Justice Byloo.) The fire ironworks operatives who were convicted yester day. on the ►ighter count, for the atrocious outrage on the married woman, at Lea Brook, were brought up this morn ing to he sentenced. The learned Judge said that if they had been coovicted of the capital offence he should have sentenced them to such a term of penal servitude that, before it bad expired, the youngest prisoner amongst them would have become an old man. Owing, however, to the evidence of the surgeon not having been quite complete on this point, sod to the proeecutrix not having referred to the grosser usage until a fortnight after the offence, when she was visited in the hospital by her husband, the jury had found the pri soners guilty on the lesser count. Their goateed would therefore be eighteen months' imptithement each, with hard labour. iiiies bare arranged to-day that the trial of the 19 men charged with riot and conspiracy doriog the recent great strike of colliers, ahall commence to-morrow. POLICE INTELLIGENCE. MANSION-HOUSE. Roiatt and Henry Feist were again placed at the bar be. fore the Lard Mayor, charged with having obtained an ad vance from Mr. Landoll, of Austinfriara, upon a consign ment of pickles, representing that each of the cases con tained three dozen, but on the arrival of the atop at Austin. la the cases were found to contain one dozen only. The Lord Mayor raid the consignment, by the invoice, appeared to be oil, sauces, and pickles. Mr. Humphries said that was so, but, in fact, the whole shipment was solely of pickles. He did not intend to pro. coed further with the use that day, but be hoped to be able to proceed on Thursday nett. The illness of Sergeant Hayden prevented him going forward. The Lord Mayor remanded the prisoners until this day week. GUILDHALL. _ . _ Josci.• Cron!, • short dark MS 0, carrying on the busi ness of a trimming maker, at 13, Sitter-merest, Bethnal. green, was brought up on remand, charged on suspicion of buiglariously breaking into the warehouse of Messrs. Francis Bennet:li and Co., of 80, Wood-street, on the Bth ult., and stealing therefrom 76 pieces of silk, containing about 7,000 yards, value 51.101. He was also charged with receiving the mame. Mr. Iravis, from Mr. Howell's, of Cheapside, 'appeared to prusscuto; Mr. Angell for the prisoner, and Mr. Ricketts, to watch the ease on the part of ewitome named Bonner. . . The goods were traced by the prisoner otferlOg them to draper in Clerkeowell. who communicated with the police, and an secured the prisoner's apprehension. Mr. Alderman Gabriel—l remanded skis cue upon the last occasion to give Mr. Hamilton an opportunity of apps. bending another of the men oonoerued m this burglary. le Mr. Hamilton here? Bilker. ~ ► Lay detective, sai.l be represented 111 r. H►milton, and although he (Baker) bad made every endea vour to apprehend the other man be bad not been successful. He bad in hi hands evidence sufficient to ensure a conviction in case of the capture of the man. There was silk which bad been recovered from quite another quarter, which bad formed a portion of that plundered on the same occasion, _ Idr.ilelermea Gabriel committed the prisoner for trial, sod ref used bad. The oiliest stated that the prisooer Lad been in trouble previously far receiving. BO M-STBE ET. Jana Edwards, aged IG, clerk to • solicitor, appeared to • summate abergiog him with wilful and corrupt perjury. Mr. Bury Hutibieen said be appeared for the prosecutor, the Bev. Thomas Hooper, • clergyman of the established clutch, raiding at Oaklandebouee, Kiel:paean, Kent Mr. Hooper had sigised • bill for tbs aceommodatian of • friend, who it appeared lied omitted to take it up when due, and en the '2nd October proceedings were taboo. The plaintiff is that ram was • Mr. Eve, and his solicitors were Meagre. Wilkieson and Blythe. The defendant, though not in their service, being clerk to Mr. Droop was, however, employed to serve the writ, mid on the 10th of October he went down to Oaklarids for that purpose. It so Dappled that Mr. Hoopes was out for the day, bevies gees over to Dartford ' with a friend. The defendant delivered the writ Maimed a a sealed envelope to Miss Godfrey, Mr. Hoopar's home. keeper, who He it to Mr. Hooper on his return home th at evening. lie forwarded it to his brother, a solicitor, with isstructions to settle the natter. The defendant, however, upon !tiltrotor% to town declared that he had served the writ on Mr. Hooper personally, and made an affidavit to that effect. Upon that affidavit the plaintiff obtained, judgment end execution, and the first intimation Mr. Hooper had of any such proceedings was that he found the sheriff in his house. He paid the money, but immediately obtained at judges' chambers a summons ageless plaintiff to show cause why the judgment should not be am aside. That summons was returnable on Monday, the 28th of November, but on that day the plaintiff's attermy did not produce the person who had served the writ, but excused himself on the ground that the boy was sot his clerk, but in the employ of anothersolicitor. The mamma adjourned to the follow ing Wednesday, the 30th of November, when defendant was produced as being the person who had served the writ and made the affidavit. He still adhered to the statemtut that he had served the writ on Mr. Hooper personally. Mr. Baron Bramwell then said he had no coarse but to die. miss the summons, adding that if Edwards had given fate evidence he could be iedieted for perjury. This statement having been supported by the evidence of Mime Godfrey, the Rev. Mr. Hooper, and the hissed with whom he had spent the day on the 10th of October, The defendant was remanded for further examination. Mr. Vaughan mid he would take bail in two sureties of 1501. each, and his own reirognimances of 3001. LAMBETH. Yesterday an aged woman, named Till, applied to Mr. Elliott for his adrift, and ated that on the 4th of April last she pledged fie. with a pawnbroker for 64., and having since lost the ticket she called there on that clay to take the pledge oat or secure an affidavit on it. Mr. Elliott—l cannot understand you. Do you mean to say that you pledged eight shillings in silver for 6d. ? Applicant—Yes, your worship. Mr. Elliott—What was your object in doing so extraor dinary an act? Applicant—The fact, your worship, was that I was going into the workhouse, acd knowing that the money world be taken from me I adopted that means of securing it. Dixon, the usher, said that this was oommonly dons by persona going permanently into the workhouse. It was the practice at the workhouse on persons going in there to stop to take off their clothes and wash them, and all the mousy found on them was appropriated to their support, and the sixpence which the applicant received she could keep in her mouth during the operation of washing, and pre. serve it from her searchers. ili.Elfioit:iotieipPlicant—What reason dose the pawnbroker amigo for not giving you a farm of affidavit, or giving up your money Applitmet—The reason was because I could not state the exact pieces of money of which the eight shillings were oomposed. Dixon here informed the magistrate that the pawnbroker was a highly respectable man, and if his worship would allow him (Dixon) to call with her, he had no doubt he would at once give up the pledge. Mr. Elliott thought this would be the shiniest course., and left the applicant in his (Dixon's) bands. MARKET& SCGAR.—Tharror., Dec. 9.—Th. males et the week have been very small, and prices are quite somisal tar all de scriptions of raw sugar. Refined sells slowly at 61. declise. Rum is is good demand at full prices. TALLOW.-Fungi Brieleo.- The market was firm to-day. Spot. 40a. 9d. ; old, 40a. 3d. ; January, 41a. 3d. to 41.. 64. ; March, 42.. 3d. to 42e. 6d. ; April to June, 42a. 6d. ; Octooer to December, 43a. 6d. Town 41a. 3d. net cash. Delivery to last evasion, 1.701 casks ; arrieida, 2,638 casks. North American. 4.0 a. Gd. to 41a. ; South 42a let pipes; Aostialiss sheep, 41a. 6d. to 4 . . k. ; beef, 39.. to 40a. 6d. Coors-out oil steady. Cochin at 37a. 6d.; Ceylon, 36e. 6d. to 36e. No Sydney offering. Palm oil quiet at 33e. 6d. to 33e. 9d. fine Lagos ; palm out oil, 29a. COTTON.—Lrvearoot, Dec. 9.--Cothie was In erten. sive demand in the early part of the week, particularly by cousumers, and prices of most deecriptioos advanced fully Id. per lb. ; since Tuesday the amount of business has been limited at needing prices, arid the market cloned yesterday with scarcely any general advance upon last week's quota. , lions. American continues demand by th e trade as well ' as exporters and speculators, and advanced about id., but closes with little cisme. In Sea Island there has been a very limited banger, without alteration in prises. In Brasil : Perna= ham been in good request, and advanoed id. per lb., but is now quoted only id. above the prices of last week. In Bahia a good bosieess has been done without change, and is Ithranharn a few males have been made at former rates. In Egyytian the market opened with a good inquiry, and considerable busi ness was doe* at ad. to N. advance on the quotations of Friday last. Since Tuee&y, however, the demand bee boa moderate, and new arrivals being freely offered, the advance has beep lost. The inquiry for Smyrna has ken very limited, and prices clone unchanged from lamb week. Feet India descriptions have base is active demand by the trade, and prices of the better deocriptioes advanced fully Id. per lb. over last week's rates. The limited inyttiry of the past two days bars, however, caused part of the dream to dis appear. Chummed Japan have boss heavy of male. Specu lators have taken during the week 25,000 bake ; eriatelor% 6,230 bales ; and the trade, 37,240 bales of all kinds. We have had a middling demand to-day. Sales 8,000 bales. The following are the official quotations :—Fair Orleans, Ncl. middling, ; fair Mobile , 27id. ; middling, 261; fair uplands, 27d. ; middling, 26d. COTTON GOODS.-11•31riteirrgs, Dec. 9.—The market generally has bees of a more cheerful character to-day. Shipping yarns have been rather stronger, and for some few orders which have been placed buyers have given rather better prices than they would have given on Tueaday. This has bees caused by the more favourable view geomally taken of the aspects of the mosey market. There has not been much business, however, in this clue of yarns, but the market closes tolerably Inn. In home trade yams there has been • better market thee on Tuesday. There ham been rather more business doing, and the tote of the market is better, bat bunions is sot astern In the cloth market there be.. been very little bushier doing since Tuesday, and baps, have shown but little disposition to enter the market. What few offers have been made have been made at something below the quotable rates of Tuesday. Any comemioe of these prime has bees generally refused, and both holders and manufectanin have been very firm in deed. The actual amount of business to-day (and indeed since Tuesday) he. been top small. 0011S.—CHKIJIMORD. Die. 9.—Tim "maw bm be come very damp and bad for wheat ; the condition was in many instances very poor ; such sold at 'Wooed prim, but bust rum could not bs quoted loose. Rad, 36u to 38a. white, 42a. to 44a. Hurlers, beat malting very mans sad fully as dear, 30a. to 35e. ; grinding and d istil ling, 235. to 235. Beans, but few offering, and fully as dear. _ _ Locum', Dec. 9.—We bay. had a niodetste supply of wheat offering to-day, and the trade was dull at last weak' = 4. A fair supply of barley, and prices without change. red, 345. to 37a.; white, 38.. to 42a. Baskin "Audis& 24a. to 275. ; malting, 30s. to 33.. Oats, 18t. te 235. Beam, 34a. to 375. WILIMPTELD, Dec. 9.—The wheat trade remains dull, sad prices are without shanties from last Friday. Millen bay sparingly. Flas barley steady. Other sorts neglected. Beaus rather cheaper. Average* for the weak (lading Dec. 5 :—Wheat, 3,041 qrs. at 404. 9c1.; barley, 1.704 at 298.71 d.; oat, 18 at 225. ; beaus, 1 75 at 375. 70. ; peas, sat 365. COLLS. —LOIDON, DEC. 9.-I:toddle's West Hartley, 18a. 6d. ; Byres Baba& West Hanky. 18m. 6d. ; Coops§ Hartley, 16s. Gd. ; Davis ms's West Hartley 18s. 6d. ; Hastings Hartley, 18a. 6d. ; Larobset's W.s Hartley. 18s. 3d. ; W lao, Its. 6d.; Walls god Byrne. 21a. Gd ; Walls Bad &addylla Heaton, 225. 3d.; Walla god Pram wiliest., 21.. 6d. ; Walla Bad Mame, 23m. ; Walla Eod Ponalser Primrose, 225. ; Walls god Howl's Histt, 225. 3d. ; Walls god South HAM° Va. ; Walls End Camp, 225. Gd. ; Walla god Cando°. ills. 6d. • Walls End Hartlepool, 2'3s. 9d. ; Walls god Haugh Hall. 22.. 3d.; Walls End Kenos, 22a. ; Walls god South Kenos, Va. 3d. Ships at market, ; mold. 63. Perfect digestion, strong nerves, sound lungs, and lip er, retrestorm sleep, functions' rsgularfty and two an rest. wed without medicine to the mod disordered by Du Banys delkinui Rerakirta Arabic* which earns Dyspepsia ,Indises tion'. Constipaticn, Debility, Cough, Asthma, Ir sears. Cum sumptiou, all Nervous. Mous. Liver and btowsach complaints. 00,000 annual cureswilleb bad restated all OlediClllo. In tin& :a. 22e. ; 2tib., Bony and Co., 77, Regent street. London Fortnum and .3laaou's, and all grocers and ehenrista.—{Advertiaementl BIRTHS, MARRIAGES, AND DEATHS. BIRTHS. GAGlL—December 7, at 11;;;:471-1111u. Shooteishill. ttio Hon. llra L. Gage. of a ion. GEPP.—Deeember 4 at High Faster Vicarage, Essex, the silo of the Rev. KF. Gepp, of tries—a ace and daughter. If liTTLEFOLD.—Deeember It at Sutton•house, Highbury ,• park, Mrs. E. J. Nettlefold, of a eon. KEDDlL—December b, at Hamtnenallth, Mrs. Beddte, of a dasightar. . . MARRIAGES. CUMMINS—SNOW.—Deorinber 7, at 1111 boThil Church. b) the lee. T. A. Blair. Mr. W. J. L. 011111:01111, Rotel Eninuver Department, to Emily, daughter of the late Mr. R. SLIAA, of )111bonte St. Andrew, Dorset. JOLLY—WOODYA LI. —December 7, Tay , of Perth. itrollatid, to rash, daughter of M. Woudiall. th hag., of Beogton, war Liverpool. at Rochgerry, W. R. J.G>. LIDIALL-4 1 113,0h.—Droesuber 8. at shalford. +241788, by the Ref. G. Fans ett, J Liddell, Esq., C0111111•Odef Royal Nary. to Sydney Elivalteth. daughter of the late 0. Carew-Gibe" Esq., of Bradstou Brook. Surrey. COMATL—December 7, at Mordenatreet, Greenwich, D. C.legate, Fey., in the 77th year of his age. ZISERRAILDT—Ik‘eniber 7. at Dregaton House. Drearateigniou , Siete'', Mary, daughter of the late 11. C. Eberhardt, E.g. ON.—Docerutier 8, at Stanhope-Welke, &nowt ii-Pari`. J. Hingigge, 1n Ida 08th year . IHKE:ll.—Deoenber & at [Agar Selmouretreet, Tortawn. Kure, W. 8. airkea. La., aged 41. Printed sad Published by WILLIAM ENO HALM. et No 8 Lenibardeitreet, in the Qty ut London. Printer, et the 011ie, In Lossberdatreet, In the Precis.* et 11 !Waldeck- 0 LOTILDAI, SO. 18/34.