The Express. — London, England, 1846-12-17 00:00:00

:W' ▪ ..e( Works and the district engineers in Clare, on Fri ''"Thae to hear some charges made by one of the members see comae, Majer M'Namara, against &subordinate officer li l a._ b o a! The Major refusa to present his charges in g oing, that.they might be be more calmly and impartially . ..Al fr ed, and when Ginfsio Wynue then demanded a meeting as better fitted than a public court fir M lL'imaio, this, too, was refused, as nut consonant with • tof the British constitution ! The charges, at came fort', and proved of very slight •alue as ..wers accusation. The meeting ended with very " high • between Captain Wynne and another member for ob , pan ty, Mr. C. O'Brien, the advocate of spade cultiva to ea a national scale by the state ! This fraene is a rare ooption, as the chief officers of the board are treated with attention throughout the country. The independence 2og feeling sometime- collides with the restraining im am of the officers, but generally the harmony is w ell pre between them and the people. Oka repulsion of Captain Reed, officer of the Board of week& by the Killarney Relief Committee, has led to a cor semendence between the chairman and Lord Lieutenant of t o co unty, the Earl of Kenmare, and Sir Randolph liouth, which Sir Randolph admits, what was nut denied, that odividuals might form charitable aemciations independently oa t s government, but that Relief Committees had not only the relief of distress by the di s tribution of food to attend to, e a t were also placed in a public psis it i n n by the regulation ceder which they were called to assist in carrying out the t a bour Rate Act. As far as the latter function was eon waled, the letter stated, in conclusion, that government eased it absolutely necessary to ascertain to what hotly in t hi s district it had been confided. After reedi. g the letter, the resolution of expulsion was rescinded to the extent of allow lag Captain Reed the co-operation of the committee in pre relief lists, but relatively to the distribution and sale Wood waintaiiiing their original determination of severing of connexion with the rebel department of the governmene Of the same county, the following extracts, wri' ten by two radical gentlemen, to a friend in Dublin, give a sad pie tare. If true, it isdiffiailt to reconcile such a state of society with the extraordinary fact that the lowest a.aeresuaent to see poor-law throughout Ireland is in Clare, and more elec toral division. , are exempt from any rate altogether than in say other Irish county attended meetings of differe, t kinds the last three days At one 'thought we should be impaled with pickaxes, or, I should rather OIS, tbe engineers, who were the parties denounced —it IR * stays of aillbsion. I was at petty ACR , IOII3 last night until Retell o'clock Waring complaints, and trying to protect Akers in l a nd of Mar auty. The people fancy they most be paid fed, and to no work, or wit little as they like. As yet no outrages Pe committed here, haw long it continue is to be retro. lam to tell you the destitution in will the country is iocreasing, sad in Byw eeks , or perhaps less, nine-tenths of the population in the allibt l 7 will be altogether dependent on ext riaseous sunpwt, as the peetioas of homy prmluee they had are het tlirapprapne. In fast, Tea will see large tract' of thickly populated ceuntry withier a aegis nark& eons. It would be' ridiculous to expect under those dagegias poem peace or order, with indications of ;he people's spirit at pea amt Except some very extensive means of relief are afforded (and a patina must b ee:e l us ive of works), numbers will die of starvation. I in ormed you some weeks past of the unreasonaaie de mands of the Tipp: nary landlords on the Cashel Company for land required fur the line between Thurles and Cork; and also of the i•l , t10 of notices for au One has just terminal d at Thuile s, and ens or two of the sums claimed. The offers of the company, and an order of the jury, will show the liberality of the company, and the extor tion spirit of the landowners. Ine fit c ,se the claim was 80/. ; off r, 40/. award, 341. In the rs second, demand, 6771.: offer, 300/. ; award, 170,.. The effect of the verdicts was immeaiately apparent. Amicable settlements were rapidly arranged, and, where the claims before were exor bitant, the owners now expressed a desire to agree, in order that employment so remunerative should not be lot to the district. Another inquisition will be held next Monday at Cashel, followed, it is to be hoped, with the same results. There is a rapid increase in the piece of Mud in all the markets of Ireland. Tne Cork Examiner, received this evening, states that Indian Corn was selling at 101. and 171. a ton on Friday and Saturday, although a (Ingo bad been w t received ex ship, ;it 101. I.ls. a ton. To the fortunate buyer the market price would leave 71. a ton, or 75 per cent. Such is the accumulation of pauperism in Dublin, and so numerous the applications fur edinission into the work houses (which are already crowded to such a degree that the commissioners have directed no more paupers should be admitted) that the guardians of the North Union Work house are erg iged to-d iy iii selecting a second building to open as a temporary workhouse, and they contemplated that such temporary accommodation it may he necessary to extend no as to afford relief to 2,000 additional paupers in the North Union. APPOINTMENTS.—Mr. J. G. Quinn has been appointed a magistree for the county of Down, and Mr. Griffith High Sheriff of Sligo county. PROVINCIAL. LANCASHIRE. The COBDEN FUND now amounts to 77,97 61 . SUPPOSED DEATH EKON QUACK MEDICINES.—un ties day an inquest was held at Bolton, on the b Kly of R. Bartley, a child aged 17 months, who died on Sunday last. The child had bud an elute). of scarlet fever, and was attended by a man named E. Flite: oft, agent to " Dr. Coffin," of cayenne-pepper celebrity, who prescribed for it, and it was soon rumoured in the neighbourhood that the child had been killed by improper treatment. In consequence of these report., the coroner deemed it his duty, in order to satisfy the public mind, to call a jury to investigate the subject. The child, it appeared, was ill all last week, and the mother went to Fliteruft, who said it had the scarlet fever, and he prescribed a powder, cotnpowil of bayberry, cayenne pepper, cloves, and ginger, and a bottle, containing cayenne pepper boiled in water, and a little vinegar in it. Under these peppery c impounds the child grew gradually worse, and died on Saturday night at five o'clock. No medical man was called in, the mother being of opinion that so many died under the dispt nary doctors, that it was not safe to have them—Hr. Denham, aurora), who made a post modem ex amination of the body, stated that the child had died from Whitemati nof the right lung. He observed no marks of scarlet fever. The inflammation had. run its course and caused death ; but he had no doubt that if a medical man had been called in the first two or three days, the child's life would have been saved. The bottle pr oduced had come strong pepper its it, and was a stimulant he would not have given in the caw. He thought it wrong to give such hot, strong stuff to a young child. The jury returned a verdict of " Died from natural causes." but accompanied it with the following written statement, which was signed by all the jury but fel : We are of opinion that the child has died teem natural causes ; but we see also of opinion, that if the child had been attended to by a proper medical man, that child might have recovered, and the jury comet separate N 1.110411 expressing their opinion, that the medicine Amin erred wits highly improper, and what ought not to ha ve been gins in any case, and they would caution the public generally against using such like quack medicine. Mr. E. Ashworth, a bor..ugh magistrate, said that cayenne au the best thing that could be taken for inflammation, and that the medicine used was such as he had kept iii his family for five years. Flitcroft, he said, had different kinds of medicine, and did not say that one would cure all diseases; and he invited those of the jury who had no faith in the 'am, to go and hear Dr. Coffin on the following night. — The coroner said he had no wish to hear quacks of any sort. He then admonished Flitcroft not to attempt to prescribe sgain in cases of which he was wholly ignorant; and can noned him that if he did, and another death ensued, he would be sent to take his trial fur manslaughter.—Flitcroft demanded to know a hat authority the coroner had for saying he was ignorant of any particular case, but he was handed out of court by the police. SHOCKING ACCIDENT ANI) FATALITY ON THE BOLTON RklLWAY.—Yesterday morning, as the express train, which leaves Fleetwood at nine o'clock, was on its way to Man chester, in passing through a deep cutting at Clifton, half way between Bolton and Manchester, the engine got off the line, and was the cause of a very alarming and fatal occur rence. The ground was exceedingly hard, and covered in places with frozen snow, so that the wheels of the engine, instead of sinking into it, and bringing the train to a speedy stand-still, passed over it some fifteen or twenty yards before the wheels got clear of the rails, and the engine then seems to have ascended the sloping hank of the cutting to the height of about four or five feet, along which it ran for about 40 yards farther and they fell over upon the rails. The engine driver, Joe. Allen, was killed on the spot. Thomas Tinsley, the stoker, jumped off, but unfortunately on the side of the rails, and the wheels of a succeeding carriage passed over him, cutting off a portion of toe foot and the other leg at the calf. As far as our cor respondent could learn, none o f the passengers were seriously hurt, though many received very severe contusions. There was great difficulty in getting particulars of the accident. Our correspondent went up to the spot by the two o'clock express train, having booked through to Bolton, on the chance of being able to get out if the train stopped from the line not being cleared. It turned out that one of the super intendents of the line had to be put down on the spot, and our correspondent attempted to alightailo, bat the guard held him on to the step till the train was in motion,standing oaths stepwith him ; and it was not till after a severe struggle and some risletli at he was able to accomplish his object. The engine was still lying on the down-rails; but the first-class carnage had been got clear of the up-line, and thus the down-trains were enabled to get past the scene of the accident on that line to the flint shunting. The rails were muck broken, torn up, and bent; and though a good many hands were at work to repair the damage. it was evident that it would be a work of some time. N o cause could be assigned for the Vain getting off the line. WARWICKSHIRE. TEE PEACE MovEMENT.—LEAOVE Or UNIVERSAL BRO. rimitHOOD. —A public meeting, attended by 5,000 persons. was held in the Town-hall, Birmingham, on Tuesday, to bear • statement from ELMO Bt: Ritrrr, the American p_hilanthropist, on the principles and obj ects of the League of Universal Brotherhood. Mr. Joseph Sturge otcupied the Asir, and in opening the proceedings said that it was the duty of every man to use all legi imate efforts to promote the cause of peace. He ridiculed the idea that it is Utopian t) laPPose that there could be such a thing as a permanent peace between all the nations of the world. The day was when rem thought it impossible that there could ever be a per manent peace subsisting between England, Wales, and leserad ; and now that such great facilities were presented tier social communication with other nations, he thought the 'advantage should be turned to promote so desirable an object as universal brotherhood. Elihu Burritt addressed a long and eloquent speech to the meeting. In the course of his observations, he observed that he had ventured to stand if. Wore that vast assemblage to propose a union of nations—a Wise of universal brotherhood—a fraternal alliance amongst la stall nationF, a whatever clime, colour, or condition of He and those who actel with him proposed for Petering Christians a new article of faith—that of uniting all the nations of the world in one family circle; that Glorious sentiment, " union of nations," has been recently enunciated, and list ned to with respect both in France and la Spain, by one of the bloodless champions of England's Pettiness and gory ; by one who had achieved far greater. far more substantial, triumphs than the victor of Comma, THE EXPRESS, lIIURSDAY EVENING, DECEMBER 17, 1846. Fee the Person Prise—King Henry Vs, act I,:esneo, Inn: - 4 ° l 1 fartfri,nga. sum of which lti. produced , bill uced o , f w sid ith e o th n e th cro i. ppsropeupirityn had tie wawa hand 'rah fight—te the weeds—« ell men borne WO he... e fuln. :Ler t." T . r i e . metr i l d. to . be Tragic-us fausSisasse Trimetrum Acute , - b een spyen to the defendant, who received the pnsmeds and .lite scv ni s i s. Latin pro. e Tenkii4 are sad to . b e acee tob n e tua . ted t w and . lecom boo nattlH e 1 ;1 1 ,. % a memorandum was executed between the plaintiff an d de fendant, by which it was acknowledged that all accounts Si The' I .re . will be congrega (Ba tions . com on . the tollomezlng, at 10 ; the 27, ensu it en n ; a w u e ms re ,lo tti r e4whWichththael peri od , asa!jg with of the t e he ex p ce larn ti t o iff n 's d lif P e s it i te cu res lav t March Feb. farm . 23 17, at a l t W . At i Wednesd ay ) March S. at 11 was to remain as a enmity. The defendant subsequently The Crowe tcholaghip incep tor ), been ar e arded C t -nd of term), fat Te.,. St. claimed to be entitled to the whole interest assigned by Jo b a s a. Arthur Westmoreland , en dated ar u a g t undat i on this indenture, whereupon the plaintiff filed his bill, alleging Fellow ot Jesus College. that the assignment was intended only as a security . for the moneys remaining due to the defendant, and praying that the defendant might be declared a trustee for the plain tiff as to the surplus beyond that sum; and' the bill further prayed that certain documents and hills of exchange in the defendant's possession might he delivered up to he can celled, and that the defendant might be ordered to render an account of all money due to him and received by him. Much • vidence was produced on both sides. For the plaintiff it was contended that he wasa man unused to busi ness, and had been imposed up in by the defendant. On the other side, it was urged that the plaintiff had acted under the advice of his son, the solicitor who had been concerned in ell the proceedings, and that every transaction had been conducted with perfect fairness between the parties. Mr. Stuart, Mr. Rolt, and Mr. Hallett appealed for the plaintiff; Mr. Bethel and Mr. Bacon for the defendant. The Vice-Chancellor reserved his judgment. Before Fire-Chancellor Wigram. WILSON V. GOODMAN. CONTRIBUTION AMONGST TRUATEES TO DEBT INCURRED IN THE TRUSTS.—The plaintiff was a trustee under an act of parliament for making and maintaining certain turnpike-roads in Yorkshire, and the bill was filed against his co-trustees for contribution towards a debt recovered from the plaintiff by bankers who had advanced money under the orders of the trustees for the purposes of the trust. All the defendants, except a Mr. Hargrave, had admitted their liability to the claim. The Vice-Chancellor now delivered judgment upon the question of Hergrave's liability. His Honour said that after reading the report of the trial by which the plaintiffaliability had been established by the verdict of a jury, and the recent decision upon the case of Wylde v. Hopkins, he felt by no means certain that Hargrave would be entitled to exemption from liability to the bankers, merely because they hal recovered at law against Wilson. Though the question of liability, as between Hargrave and the hankers, might be doubtful, he unquestionably was nut liable as between him self and his co-trustees, except for a weekly rayment of eight pounde, which the bankers had been directed to pay to the surveyors of the roads, at a meeting at which Hargrave was preseut. As to those sums, he was liable only rateably with his eetrustees, and the amount of such liability would scarcely exceed eight pounds. His Honour dismissed the bill es against Hargrave, with costs up to the hearing. DALE T. HAMILTON.—STECIFIC PERPoRMANCE.—H6 Honour also delivered judgrner.t in this case, the arwument upon which was heard early in November last. His Honour said the object of the suit was to estAlish the plaintiff's title to ens-third of certain lands at Birkenhead, in Cheshire, which, by indenture dated in October, 1843, had been con veyed to the defendant, Hamilton, and one M'Adam, as tenants in common in fee. The moiety of Hamilton was still vested in hm ; and it appeared that, upon the death of /41‘ Adam, his moiety in the premises had passed to the devisees under his will, who, together will Hamilton, were defendants upon the record. The plaintiff's case was this.—He stated that before and in the year 1843, he was a surveyor and land agent, at Birkenhead, of known experience in buying land, laying it out, and selling it at a profit. 'Chat in 1849 the plain tiff end the late Robert M'Adam hail agreed to enter into a joint speculation for the purchase and resale of lands upon ' the terms that M'Adam was to advance the capital re quired for the speculation; and that the plaintiff should bestow his skill, and profess ional labour and services in car rying it on. Upon the had being re-sold, the capital, with interest, was in the first instance to be repaid to M'Adam, and the profit and lass arising out of the speculation was to be made good between him and the plaintiff, in be proportion of one-third by tho former and two-thirds the latter. The land was. to be conveyed t Nl'Adam f the benefit of both, in the same proportions. In 1849 the lands in question in the cause were purchased by tne plaintiff, in the joint names, as he alleged, of him eel( and It. Sd'Adam, sad with a view to their joint specula tion ; but the conveyance was taken in the names of It. M'Adam and the defend ,nt Hamilton, by whom the pur chase-money, amlunting to 62411., had been advanced in • goal moieties. The plaintiff aid the the conveyance was made in pursuance of the agreement between himself and M'Adatii ; kola that alter such agreement was made, and before the conveyance, it had be, ti ogre ed between Remit- ton and M'Adam that the former ehoud share equally with the latter in the profits and loss of his share in the specula , tion, the share of the plaintiff rsraaining as before; and that, aecordingly a memorandum of agreement w as drawn u p and signed by Hamilton and M` Adam, by which each of them agreed to advance one-half of the purchase-money ; in consideration of which they were each to have one-third of the said pur chase, and to receive one-third of the profits ; the remeining Chid being reserved for Dale inlieu of commission for his services in buying, selling, and laying out the land. The agreement however stated, that it was distinctly and , estood that Dale was to have no power or authority over the lands. and should not be entitled to receive any compensation until the whole had been sold and paid over, and the expenses of the speculation deducted. On the 27th of Novembi r, 1843, M'Adam delivered a copy of this document to the plaintiff; and in Di comber, 1844, M'Adam died, having devlsed the property in question to the defendsnts, other than Hamilten. It appeared that at this time land at Birkenheadhad greatly risen in value, the evidence showing that that which was worth 6,0001. at the time of the alleged con tract between the plaintiff and M'Adam, was then worth 25,0001. Upon the death of tit - Adam, Hamilton pro posed to divide the Lod, and a c inveyance having been prepared, Dale applied to the defendants in substance for what he claimed in the suit. Upon their refusing to comply, the bill was filed, insisting that the plaintiff was entitled to the benefit of the agreement as stated above, and praying for a sale of the premises, and for the applica tion of the purchase-money in the manner pointed out by the agreement. The case of the defendants was that the plain tiff had been employed as an agent in the speculation in question, and was entitled only to remuneratton for his services in buying, selling, and laying out the land ; and they also relied upon the statute of frauds, as the alleged agreement was not evidenced by any document in writing. Assuming, his Honour said, that the ease made by the plain tiff had been established, there could be little doubt as to the decree which the morality . and justice of the case would require. The admissions in Hamilton's answer as t the agreement between himself and M'Adam left no doubt as to what the real intention of the parties was. The land had risen in value to nearly 30,0001., and yet the plain tiff's right to participate in the profits was altogether denied , If, however, the defendants were right in point of law, he I could not, on merely moral grounds take upon himself to alter what the law of the case might require. With refe rence to the defence grounded upon the statute of frauds, it had been said, on behalf of the plaintiff, that there had been acts of part performance which took the case out of the operation of the statute of frauds. It appeared to hire, how ever, acts so relied on might be referred to agency on the part of the plaintiff as well as to a contract giving him an interest in the land. Another question was, whether the case was not taken out of the statute by the circumstance that the property in question was acquired and dealt with as the stock-in-trade of persons in the situation of partners ; and upon that point the only question was whether enough had been proved to entitle the plaintiff to an i n q uir y . Upon the objection that the alleged agreement was not supported by a consideration, he would observe that an agree nent be tween two persons, one of whom furnished capital and the other skill to make the capital available, was founded upon a good consideration. The question of value, however, could not he decided, but must be left to the parties themselves. His Honour concluded by observi :g that, before he could do justice to the parties in the cause, he must first ascertain the truth of the facts by which their rights must be governed ; and for that purpose two issues must be sent to law; the first to inquire whether, before the 16th October, 1843, it was agreed between the plaintiff and Mr. M'Adam, that they should be jointly concerned in any speculations for buying, improving, and selling land at Birkenhead ; and, secondly, supposing the first issue to be found in the affir mative, whether it was one of the terms of such agreement that the plaintiff should have no power or authority in 'stermining when the lands purchased in pursuance of such - sent should be resold. ORDINATION.—The Lord Bishop of Durham held a general ordina tion 3t Auckland Castle on Sunday last, the 13th inst., when the fol lowing gentlemen were admitted into holy orders : —Dseeorts—C. H. Ford, 8.A., Univ., Durham; C. E. Tinley, 8.A., Unlv., rest; J. A. L. Airey, RA., Pemb., Cam. P riest •--Rev. O. Hayton, MA., Univ., Durh.; Rm. J. Downing, BA., Corp. Chr., Cam. ; Rev H. Bohlen, 8.A., Univ., Durham ; Rev. W. sewers, 8.A., Trin., Cam. • Rev. J. Cl. Edwards, 8.A., Trio., Cam.; Rev. P.R. Maude, St. Bee.. Cumberland; Rev. J. B. Steel, BA , Eieter, Cam.; Be,. \V. Pea , thengonhaugh, M.A., Univ., Durham. Vacurr.—lale of Alderney P.C., dim. Winchester, value 1201. ; vacant by the nehructiono f the Rev. Vincent W. Ryan. NAVAL. PORTA:IIOMS, Doc. 11.—Toe Polyphemus and ?Inane still remain at Spithead, awaiting orders. A company of marines embarked on board the Penelope steamer, Captain Gifford, this morn ing fur service at the Island of Ascension. The Penelope will now be ready in about • week. The Cyclops, Captain Lapidge, is to base her defects made gbod in the yard, and will be taken into dock to-morrow. The Leander, SO, designed by Mr. Mille, late master >.hipwright of this yard, after long remaining in un unfinished state, is now approaching completion. She is allowed by all who have seen her to bid fair to be a fine frigate without that tendency to roll heavily which has lately been complained of in our ships. She is a most admirable midship form. Wootwww, 16.—The Porcupine, s.v., Capt. F. Bullock, arrived here yesterday from Ireland, with supernumeraries for the Perseus, fiag-ehip, lying off the Tower. They were afterwards con veyed to London in the Charon, s.v.—The l'errible, eteam.frigate, Capt. Ramsay, is expected here from Sheerness., to be docked, in order to repair the copper on her bottom, which has been injureiL—The 114adamantlins, cr., will be out of the hands of the workmen this week. —The Fearless, s.e. Master-Commander Brockman, left on Monday for Sheerness , and Portsmouth.— It is stated that the number of convicts employed in this yard will be augmented by an additional draught of SOO from the Penitentiary, at Millbenk, to the system of transportation to Van Diemen's Land is to be stopped for the present. It is hoped that this will not have the effect of MI-411g the discharge of the hundred labourers who were entered at this yard on the reduc tion of the convict establishment some time since. APPOINTS'S:era —Aitairtstrr, DEC. ls.—Commander 11. Loring, to Superb. Commander IL it. Foote, to study at the Royal Naval Col -1 ge, Portsmouth. Naval Instructors: It. Orem, to Canopus; M. T. S. Kalmbach, to Queen. Midshipmen: A. Mitchell, to Queen ; G. J. M. Shirred, to \Min. Naval Cadet W. T. Sterne, to Resistant'. Lieut. T. Sallied, Chief Office* Costa Guard. MILITAKY. TntarT.Froar Foar.—The test divittion of this regimen., of one field-officer, one captain, two subalterns, one assiatantsurg. three perjeanta, two drummers, and 166 ran k and tile, under the command of Major Garvock and Copt. Kelly, marched from f hatham to Osprinee and Faversham, en route for Widmer, yesterday; and the second division, convicting of one captain, two subalterns, four ter jeurita, three drummers, and 106 rank and tile, marched at the same time, under the command of Capt. Greenwood, to Sittingbourne and Milton. The head-quarters, consisting of the third and fourth divi sion., under the command of LieaL-CoL Spence, will follow this morning (Thursday), to the same place. Tug. Rem.imi or Liser..Gs..r. DiatinsON, late Colonel Comman dant of the 2nd battalion Royal Artillery, were removed on Tueaday from his residenca at Notting-hill, and deposited in the catacombs at Kenai-seen. The funeral was strictly private. The general had held his commission 67 years. ROYAL MILITAKY ACADEMY. — In oonrequence of the recent attacks on the conduct of the cadets in this establishment which have meently appeared in many of the daily paper*, the Hoard of Ordnance hive deemed it necessary to appoint a committee of inquiry to inventi,tate the conduct of the cadets and the general regu lations of the estub li.hment, a. well as is present elate of discipline, Rt. The court consists of M ijaw-Gen. Sir Wm. Gossett, C. 8., K.C.H., Royal Engineers (chairman) ; Major Sandham, R. 1., Brigade Major of the Royal Sappers and Miners ; Major-Gen. J. B. Parker, CAL, ILA., Lieutenant-Governor of the Academy, and two or three officers of the Royal Artillery. The court has been sitting during the past and present weeks, and still continues to delineratios. NotwithstundMu the determination of the authorities to put a stop for the future to all acts of irregularity Outlier to those which have been so severely de nounced, the students themselves still continue to pursue a line of contort calculated to bring di.grape upon themselves and the institution to which they belong. It is difficult (says a correspondent) to procure information from an establishment, the doors of which are hermeti cally sealed to the public. In consequence of the irregularities of the Ca. dile, after they have retired to r. at, the Lieut.-Governor has appointed nn officer to visit the rooms of theagletatwiceon each evening ofterthe hour for rest. A few evenings. since, the officer on going his rounds, entered the first room, where he discovered the inmates, not in the ;Irma of Solana., but carousing round a gond tire, the table groaning under a load of dee inters, filled with wines and otter luxurious beveragee. The window was closed with blanket, as that all appa rently was dark-esa and quietness wkhiu. The officer was received with a "hale fellow well met" sort of salutation, and was politely requested to sit down awl join the company, an invitation which he of course 'effused. The conduct of the cadets was reported to the Lieut.-Governor, and those in charge of the moon were "put buck" for a twelvernonth, which will have the effect of delaying the reetival of their commiaaiona bythat space of time. ESTRAORIDINARY FaSeal.: —The guernsey Star says: A fracas of a very extraordinary nature took place - on Saturday evening laid at Ilavilland-hall, the residence of Major-General W. P. Napier, the Lieutenant-Governor of this island, between his excellency and Mr. Wools, the ordnance storekeeper of Alderney, which terminated in the forcible ejectment of the latter. Mr. Wools had call d on General Napier to make an official communication respecting some act of duty which Mr. Wools had been executing at Sark, in obedience to orders given to him by the Board of Ordnance. The conversation became, after a time, an altercation, and this led to an interchange of personal acts of violence, which were terminated by Mr. Wools being forcibly expelled from Ilavllland-hall by General Napier and his servants. Complaint, in the course of the evening, was made by the Lieutenant. Governor to the police, who arrested Mr. Wools, and exacted from him bail to appear before the court to answer to the accusation. Accord ingly, on Monday, Mr. Wools, who was heated in full uniform, wan brought by one of the constables of the town pariah before the court, composed of the Bailiff. rue, and Mr. An des. On Mr. Wools being placed at the bar, Advocate Tupper, who appeared on his behalf, said he wished to know what his client was charged with! Queen's Comptroller : You hare nothing to say—the case is going to be heard in private. Thin an nouncement led to some di-cuoaion, which was ended by the Bailiff paying, Mr. Woo'a is charged with an assault on the Lieutenant- Governor.—Mr. Tupper :We hear that such a charge is to be made ; but Mr. Wools will prove to the court that the assitalt wan made on him by a butuaov and he under'inend; entering a counter charge; as Mr. Wosils lllkt acting the Board of Ordnance, he cannot proceed without their authority ; but be reserve. to himself the right of doing to.—The Bailiff : No such reservation u necessary. You have a right to take what steps you think proper. This is for vour discretion. The court have nothing to do with it.—The wit- Mopes no both aides were then sworn, and the court was cleared. At six o'clock the m ourt committed Mr. Wools for trial, Advocate Tupper ball of 1601. fur his appearance. SPORTING. BETTING AT MANCIIE•iTER —Tv winsy. etturra Cur. 0010 I seat Crlm eon (v.) 1000 ISsestllunroady. 50— 1 Erin-80 Ilt 10h. 1000 —l5 Kick . y Ftee. 10016— 13 L'lllmodellr Colt (I ‘, I 1000— 13 litrallen. D.ST• $ IstalYsntrmap. to Ilpaolltally Arrnstrotte (t; 13-1 lipirtote. 40 1 1111“/ Martm colt (t.) 10 1 rime , 40 1 led alert (L) 06 I Glontllc 40 1 Ilorn- , .f.Chase tt.) 28 1 Sister to Cobwe b eolt. I 1 J. Day 6 lot (1.) . _-_-_—_ 33-1 Lansdale.. ....ty The L 66311303006 STVEPLit CllAStal are postponed until the latter end of January or the beginning of February, the stakes to be re-opened. 11 IN WAIXING-NLATC.I moo LrEll, 00 ilesnrorm.—Mountjoy, the pedestrian, who commenced, on Monday, the arduous task of stalking three times fIOM L+11.4 to Bradford and back each day br six days, Fr.tVe up the task on Tuesday, in consequence of having tallen twice, owing to the slipperiness of the road. tab) Entelltgence. JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.—YEiTE&UAT. present —The Master of the Rolla, Lord Brougham, the Right Bon. Dr. Lushington, and the Right Holt T. P. Leigh. MITCHELL'S PATENT.—Mr. Wi lister applied to their lordships to appoint a day for hearing this application for a prolongation. This patent comprises screw-piles and screw moorings, the former having been applied in the construc tion of lighthouses and beacons on submarine b inks, and the latter is in use in many of the ports and harbours of the kingdom. Lord Brougham said their lordships could not appoint any day at preterit ; there were no his than three cases in the paper of complaints against colonial judges, which must take precedence, because, while they were pending, great inconvenience must arise to the administration of justice in those colonies, and as the patent did not expire until July, this application did not press. IN RE MAoxva Sierrn.—Mr. Moore was heard on a petition for leave to appeal. The petitioner had practised as an advocate and proctor in the courts of Sierra Leone, and complained that he had been struck off the rolls, and pro hibited from practising, by the Chief Justice, without any just cause. With regard to the Police Court the Chief Justice had oreered that no advocates should be allowed to practise in that court; for which he (Mr. Moore) submitted the Chief Ju-tice could have no authority, and probably an intimation from their lordships to Her Majesty's govern ment upon that sohject might have the desired effect. The complainant stated that he had been excluded from the two other courts, the Recorder's and the Vice Admiralty Courts, on the ground that he had behaved disrespectfully to the Chief Justice. Lord Brougham inquired what was the particular act of disrespect ? Mr. Moore said it appeared from Mr. Smith's affidavit, that, having gone to the Chief Justice's chambers with some witnesses, that they might be sworn to an affidavit, the Chief Justice refused to let the witnesses be sworn, and after they had withdrawn, and when Mr. Smith was alone with the Chief Justice, it was said he had misconducted himself. Lord Brougham asked what was the nature of the mis conduct ? Mr. Moore replied, that Mr. Smith had merely remon strated with the Chief Justice on his refusal to swear the witnesses. It appeared, however, on reference to the tran script of the proceedings below, that an entry had been made , by the Registrar, that upon some statement being made by the Chief Justice in court, Mr. Smith said, " That is not true." Lord Brougham said, this was a disrespect amounting to a contempt of court, which would be punished in this country. After some further discussion, their lordships gave the ap plicant leave to appeal, and to set down the case for hearing six months after service of the present order upon the re spondent. Before Vice.Chanceltor Knight Bruce. THOMAS v. PRILLIPB.—WANT OF CONSIDERATION FOR CONTRACT OF SALE.—MISCONDUCT OF SOLICITOR. — The bill was filed by James Thomas, a solicitor at Llandilo, in Carmarthenshire, against the defendant Phillips, who was the assignee of John Rayner under the Insolvent Debtors' Act, and against Rayner and another party, who was mort gagee of the estate in question, praying the specific per formance of an agreement entered into for the sale to the plaintiff of an estate belonging to Rayner. The bill wr resisted by the defendants on the ground of fraud and cir cumvention on the part of the plaintiff. The circumstances, in detail, will sufficiently appvar from the judgment. Mr. Wigram and Mr. Daniel argued the cue at great length on behalf of the plaintiff. At the close of the plaintiff's case, his Honour asked whether, if he should not dismiss the bill, the defendants' counsel were willing that the accounts should be taken in the Master's office, and whether they would be content to abide by the result of the accounts so taken ? Mr. Russell, on behalf of the defendanad to do eo. His Honour then gave judgment. H e f ei d that the plaintiff was a solicitor at Llandilo, in Carmarthenshire. The defendant, John Rayner, was an itinerant bookseller in that part of the country, who was occasicually engaged as a clerk or assistant at auctions, and otherwise in suck matters; and, from the evidence, it appeared that he was sufficiently intelligent fer his situation in life. He appeared to have had a pieee of laud. together with a small farm-house and out -buildings. consisting of rather and more than thirty acres, lying between Carmarthen Llandilo. It let, his honour thought, at the time in question, at a rent of 31 1 . a wear. Th e tenant did not pay his rent re gularly, alleging that he paid too much. There appearednto to have been some t i m ber on the property, which, taking i va lue, did not consideration the whole evidence as to appear to ht too highly valued at 901. That, in, fast, appeared to be a low valuation of the timbe r state , . Twhe- here tint am great probability of coal being upon the e ther or, the surface, or whether likely to be worked to ad vantage now or hereafter, did not distinctly appear. His Honour was not satisfied on that subject. Rayner had mortgaged this property for the sum of 5001. The mortgag e was held by a butcher in the neighbourhood. It a eared that that in the early part of the year 1838, being trouble d, his rent, or for some other reason, Rayner made an application to the plaintiff, and his Honour saw no said reason tri d an u s obt twerhato t what Mr. Williams , on e of the witnesses, in the third interrogatory, was correct. (His Honour EQUITY COURTS. Before the Vice-Chaneellor of England. INSOLE O. FEATHERBTONIIADOII.—BILL TRANSACTIONS. —ALLEOED UNFAIRNESS.—The plaintiff in this ease RSA a farmer in Worcestershire, and requiring some years ago to borrow money, he consulted with hi. goo, w ho wa s a solici tor in partnership with a Mr. Corbett. The plaintiff was then introduced by Mr. Corbett to the defendant, who had been a chemist at Worcester, and was in the habit of lending money ; and in July, 1839, a bill for 1001. was discounted by the defendant for the plaintiff. A great number of transac tions of a similar nature took place between the plaintiff and defendant, from that period down to the month of March, 1841, when the plaintiff, having become indebted to the defendant a considerable sum, executed an n indentuee, whereby he assigned his life interest in 1271 . 10s. per arium (1 , 4 t him by the will of his uncle) for the purpose of secur ing the sum which was then owing to the defendant, and xll 000! further sums as the defendant might advance, up to I,The plaintiff, shortly afterwards, became much involved in his circumstances, and was obliged to sell his I 1 to DO RULMM , 4 VW mu 1 ...- listinctly appear. His meet her at Calcutta and conduct ner to nu, r c.........• _ ;object. Rayner bad awaited her arrival at Calcutta, and at last be discovered, by having a fainting fit, and Mr. teeming a •sesLe-se - •......._ ___ A 5001. The mortgage a letter whizh had been forwarded to the post-office, that she the servant in undressing her and putting her into bcd. Ha urhood. It appeared had changed her mind, and that she did not think fit to join also procured medicine for her. He called ber by au I , being troubled. about him in India. His disappointment was of clurse exceed- christian name " Marian," but witness did not we by _ tier made an application ingly bitter. After a journey of 1,000 miles under an Indian anything with his lips." Witness remarked jst his presence, no reason te doubt that sun, to find that his hopes were not to be realised was enough that sbe was the fittest person to attend a i‘rteed woman. ewes, aid in answer to to &spirit the stoutest heart. She again proWsed to came to Mr. Ruding made no answer. Mr. Ituding,Aisvirig fetal's& irrect. (His Honour tins ; and again disappointed him. In the; year 1841 he die- the medicines, administered them himself. WYSlited bet : \- c .. y... ..t , • .... 1 .._1k1 sY orVittorla, or Waterloo. The ueace-dropping sentiment bad been uttered by Richard Cohd.m, in the presence of the princes of France and the aristocra -I of Spain, who stood up in his presence, and listened to him ss'ith respect and venera tion. That great doctrine, promo teal by the commercial economist of the present day, had been psztenulgated by the holiest of men eighteen hundred years ago. There was an organic unity of the human race, transcergi: 4 cg that of commercial interests. The Divine Being had not el - dialled that men of each nation only should unite in brotherh,'od, but that all the nations of the world collectively should ss , unite. Men had been made all of one blood, that they might dwell together in peace and unity : in mutual necessity : in universal consanguinity. (Applause.) The earth had not been made to be the battle-field of nations, but the abode of peace-loving men. The anatomy of the globe afforded abundant proof that it was never intended by Divine Providence for ene nation to set itself apart from another. There was not • nation in the whole world that could find a boundary where it could set itself up inde pendent and aside from the great family of nations without being injured thereby. The greater the distance of nations from each other the more did they depend on each other. Such was the social economy of nations as ordained by Him who fixed and regulated climes and seasons, that any one nation setting itself up apart from the rest of the world would be the greatest sufferer by the set. Let England but conform her policy to the economy of nature, and ,no two nations would be more closely bound up than her and China; and that, too, by keeping within the bounds of their respective habitations. The Speaker, in further illustration of his principle, pro oeeded to argue that sear and Christianity were altogether inconsistent with each other; that the practice of war sad the profession of Christianity was the most stupendous incon gruity to be found between the source of light and the centre of utter darkness. To talk (Ise said) of professing Christians of one nation living and hating professing Chris tians of another, and arming themselves, tad marching out sword in hand for each others destruction, was the profenest conception of a darkened imagination. The true Christian had no idea of the honour and glory of war ; he only trem bled for the vast amount of misery, and crime, and suffering it engendered and brought in its train. He next proceeded to show "that nothie:g which tended to benefit the great family of man bad ever been protected by the sword, and that the so-called " wars for honour," which had deluged Christendom with blood, was but an empty name with a terrible reality : and refer a rp to the number of wars in which England had been eng since the Conquest, he said, that from the y ear 1141 to 18 5, she had been engaged in war with France no lees than two hundred and six years. The time bad now arrived when the people must tree themselves from the great destroyer ; governments had an interest in keeping up the existing state of things ; it was a source of their power ; of that power the people have a right to possess themselves; He cited France as a proof of the power of gov rnmente; in that country (he said), the executive had 600,000 offices, civil and military, at its disposal, whilst there were but 180,000 electing. The speaker concluded, by pourtraying iu forcible language, how the substance of the entire people of ever j nation had been bled out by war ; and (he said), as they had formed fraternal alliances for political purposes, he saw no reason why they should not have an universal suffrage for controlling the des tiny of nations. The Rev. B. Parsons, of Ebley, near Stroud ; the Chairman and other gentlemen, after wards addressed the meeting, and reselutions were passed to the effect, that as God has made of one blood all the nations of men, it is the duty of every man to promote universal brotherhood, and that all war being opposed to the prin ciples and precepts of christianity, and destructive to the best interests of mankind , every Christian is especially hound to employ ell legitimate means for its abolition, and the extension of the spirit of peace throughout the world. That having heard the statement made by Elihu Burritt, of the nature and design of the league of universal brotherhood, the meeting approved thereof, and recom mended that vigorous efforts bo used to enlighten the public mind on those practices, which retard the progress of good-will amongst men, and on those measures which are calculated to promote universal peace. A memorial to the first Lord of the Treasury was adopted, embodying the spirit of the resolution ; also a memorial to the people of France. DERBYSHIRE. SERIOUS COAL-PIT ACCIDENT.—An accident happened on Thursday at the Newbiggin pit, Duekmanton. A man named Braddow, an experienced miner, was in the act of removing an iron pillar, called a puncheon, which sup ported a portion of the roof of the mine, when a quantity of " bind " suddenly fell, keocking him down, and extinguish ing his candle. Three other workmen hearing the crash, hastened to the spot, believing their fellow-workman to be buried in the ruins. The sudden dislodgment of this portion of the roof had liberated • quantity of " wildfire" (sulphu rated hydrogen), and the three miners had no sooner arrived at the spot, than the explosive gas became ignited, and all four were miserably scorched, the flesh of two of them (to use the expression of a fellow-workman) being " almost burnt from their bones." This is the third time Beddow has been burnt ; and his father, also a coal-miner, was burnt to death by a similar acsillent. He has a wife and family. LINCOLNSHIRE. PREPARING FOR CIIRISINAS. —A short time ago, two large lots of geese, in number 2,400, from the neighbourhood of Boston, were on the road fur an extensive dealer in poul try at Spalding. They have for some time back eaten up wards of 21 sacks of oats daily, in fatting for the London market. On Monday next (the first day of killing) the whole of the people connected with this trade at Spalding will (agreeably to ancient custom) be regaled with& splendid dinner. SUFFOLK. POOR REMOVAL AIT IN BURY ST. Enstusns.—On Thursday last thirty-seven permanent paupers of the Thingoe Union were transferred to the Bury Incorporation, under the five ye irs' residence clauses of the Poor Removal Act ; and nt arly forty others from different unions were also received. In these cases the respective paupers, though living in the town, were, under the old act, maintained by the parishes where they had their settlement, but under the new law the country parishes refuse to relieve them any longer, and, having lived in Bury far the required period, they fall at once upon the Incorplation. It is stated that the additional sum required to maintain the country paupers who now can lawfully claim relief in Bury, will exceed 8001. annually. THE ICILUEI.TIY.B IN THE RISBRIDGE UNION.-11AVER HILL, Dec. 16th. —Yesterday, in comaquence of a commu nication from the Treasury, the county magistrates of this district assembled in Petty Sessions, to investigate the alleged cruelties of Abraham Slater, a late nurse in the Risbridge Union, towards the deceased John Webb, whilst a pauper inmate in that establishment. The case having been reported in this paper, it is unnecessary to repeat it, and the magistrates decided upon sending Slater for trial at the ensuing sessions at Bury St. Edmunds, but took his own sureties for appearing when called upon. Tim ACTON POISONING CASE.—Since the inquest the pudding bag has been found, and subjected to chemical ex amination, the result of which was tho discovery of arsenic ix the cloth. 11Raw. MR. DEMPTER'S ENTERTAINMENT. —Mr. Demp ster, a vocalist from America, gave an entertainment last evening, in the Princess's Concert-room, of • similar kind to those of Mr. H. Russell and several others which have lately been given in London. He is a native of Scotland, but has been many years in the United States, where, it appears from notices iu the American papers, he has acquired considerable popularity. His entertain ment of last evening, with the exception of two Scotch ballads, consisted entirely of songs composed by himself. His melodies are simple in the extreme; but some of them are happily adapted to the poetry to which they are united. This is especially the case with bis air to Tennyson's most beautiful and pathetic song, "The May Queen," which has already been sung here by other vocalists. But the exceeding simplicity and uniform character of Mr. Dempster's melodies (to judge from those we heard last night) render them monotonous when a number of them are heard in succession, especially when, as on this occasion, the songs are all of a sentimental and melancholy cast. Mr. Dempster has • tenor voice of much sweetness and flexibility, and sings with feeling ; but he commits the great fault of loading his ballad tunes with mis placed embellishments. His " John Anderson my jo," in particular, was frittered away by florid graces and cadences. In this kind of music, the singer's great object ought to be a clear and energetic recitation of the words: if he accomplish this, he may, with a good voice and ear, leave the tune to take care of itself. Were Mr. Dempster to take less pains with his singing, it would be more expressive. As it was, it had considerable beauty, and was greatly applauded by • numerous audience. Wrama. HATMARKET.—" Story 'felling; or Novel Effects," which had been interrupted last week in consequence of the sudden indisposition of Mr. Farren was brought out last night (as the bills state) "by desire." It is a one act piece possessing but little originality. The plot turns on the ap parent desire of a rich old guardian, Dr. Hardenburg, (Mr. Farren) to obtain the hand of his ward (Miss Telbin). She, in strict accordance with stage rule, has bestowed her affec tions on a younger wooer, Lieutenant Vandervelt (Mr. Caul field). The guardian, however, is a shrewd old f entleman, who countermines the devices of her officious waiting-maid, performed by Mrs. Hamby, and, after giving a wholesome mural lecture to the young lady on her duplicity, obtains her written consent to a contract of marriage with himself, as she supposed; but in reality with the more suitable swain. The situations are quite as common place as the plot is stale, but there are a few good points in the dialogue : and full dramatic justice has been rendered to the " Story Telling " soubrette, who fells to obtain the hand of drummer Raps, (Mr. Buck stone) for the very sufficient reason that he hal a wife already. The piece VMS annou nced for repetition with some degree of favor despite the utter absence of the "Novel Effects" which the title prolnisad. UNIVERSITY AND CLERICAL NEWS. r 11147 : - CAIISIUDO; Doc. 16.—The following are the prise subjects lo For the Chancellor's Gold Medal for the encouragement of English 1 Poe--" gir Thomas Moan." The exercises are to bs sent In to the Ilisr , ioellor on or before Ifarcb 31, 1847, and are not is exceed i 200 lines in length. For the Marquis Camden's Gold Medal. es • Trim tor the beet Ex ercise in Latin Hexameter Verve—. Eeelesis Csalareelie Tmli p m ed . lades en o r ~" The exercises are to be sent In to the cello? on or before March 91, 1847, and are not to exceed 1041 HMS in length. For the Members' Prises.—For the Bachelors—. 0411eik est in gi r io t l e opti n et pares wi esee ei sofa tit wan s't a out Atersiree reef 001,1 „. ..144: ta. " The exerelses aro to be sent in on or he error bra April 30, 1847. For Sir W. Browne% Gold Medals: the Greek Ods—` • sioriens." For the Latin Ode—. Collegistos RA Trisitatis aped Cootesbrifiveses An ireeentesinturn aft , llo/1 +gene." For the Greek Epigram— .118. es osi .18ii.." For the Latin Epigram - "Sui Tana nature." The exercises are tote sent in or. or before April3o, 1847. The Greek. Ode is not to exceed 9.5, nor the Latin Ode 30 steno 11. The Greek Ode must be accompanied b! a literal Latin prase version. where that he sem n ot aoqua , a nel with the estate till about the 3rd about. of e tti nt at wes be h tte is d r h , e w r e l r od:gi o n i : ti in ii :e ala P y sdge 64 e rie - i here rein; Waliams's deposition, which walk wthstancill gwvered - tha lt t w s as he o h u ad t niely, that the deponent was an auctioneer, so ca. and had gone to Italy, leaving no trace of her to this effect • March, 1838 ; that Rayner then claroulted him about getting upon the su.s:ects and he remained with his regiment, fondly his rent, and asked him to go and look at the estate and to hoping that notheSl but prudential motives Pad induced his p sp i e r ak ti es t o, namelyth plaintiffe Rayner,th a t t h d e ep p o i n si e n n t t itr a,vised and th t that t deponent, all threenen order ed wife and a d , h tc o P W• rote to tbe h y is en w r ire s to his tel r l eg h i e n ; should, in the course of two or three days, meet on the estate, was coming, and so by the: she would meet him at Graves and try to arrange with the tenant ; that the parties accord- end on his arrival. Such, howl"'ver, was not to he the ease. ingly met on the estate on the following der, and looked at She came to England about that tLne, but not for the pur the timber, and they then proposed to adjourn to a public pose of meeting him. Mrs. Riles' and Mrs. Kearney, his house; that as they went along the plaintiff told two aunts, were at Gravesend to me,'t him , an d he went to Rayner, in the deponent presence, that he (the reside at Hampstead, at the house of thn former lady. Mrs. plaintiff) could manage the tenant better than Rayner, Kearney was at that time residing at i . alington, and the and he would give him 151. a year for the estate. plaintiff, who had not yet seen his wife since e return, was That deponent then told Rayner that he had spending an evening at her house, when Mrs. Roteon came better close with the offer ; that the deponent then went to the door and inquired if Lieutenant Robson was there. away, and in a short time returned; that Rayner had then Upon bring answered in the affirmative, she left her adeiSeas agreed to sell the property to the plaintiff, and to meet him and went away. He followed her to the house where she at the Six Bells. at Carmarthen, to settle the matter; that lodged. After so long an absence, he felt a disposition (as it WY agreed that the mortgage should bo paid by the was natural) to forget and forgive what had taken place, and plaintiff ; that the parties accordingly met at the Six he passed the night with his wife. Subsequently, however, Bells ; that Rayner and the plaintiff, in the depo- she refused to occupy the same apartment with her nest's presence and hearing, then agreed for the husband, and a great change was observed in her cou nties of the estate to the plaintiff, and the plaintiff agreed to duct towards him. About this time some information pay off the mortgage, and to pay 151. a year for life to Ray- came to the husband's knowledge, which strongly excited his ner ; that this agreement was reduced into writing • that suspicion, and induced him to seek for the cause of his it was read over to Rayner and signed by him, and that it wife's flight to Italy, in some unhappy connexion she had was signed by the deponent as a witness.) formed while left unprotected during his absence. He was His honour then proe.eded to say, that as far as the evi- compelled to join his regiment at Chichester, and thither he dence went, he saw no reason to doubt the accuracy of this requested his wife would follow him, but she refused, and in statement. He saw no reason to doubt that Rayner agreed July, 184.5, she again went to Italy, thus putting an end to to sell the property at that price to the plaintiff, and that he all his hopes of being re-united to her in this world. His understood what he was doing. After this the plaintiff son friends then thought it right to institute inquiries into his peered to have had possession of the property, to have paid wife's conduct whilst he was in India, and in course of time interest to the mortgagee, to have rebuilt some of the build- circumstances were made known to them which proved that Mg* on the property, and to have made some payments to an improper intimacy had existed between her and Mr. Rayner on account of the annuity. This was in the interval Ruding. The learned counsel then proceeded to relate the between the 2nd of March, 1838, and the month of April or events which, it was alleged, tended to fix the guilt upon May, 1842, when Rayner'e property was assigned to twig- the defendant, and which will be found detailed below. He nees under the Insolvent Debtors' Act. These persons had concluded by saying that the plaintiffs ultimate object in then occupied the property for a period of four years. The ' bringing this action was to obtain a divorce, and he trusted question was whether, under these circumstances, the plaintiff that the jury would, by their verdict, express their sympathy could be treated as having acquired an ownership in this with his wrongs. They could not compensate him for the property by this transaction. Considering the mode of his loss he had suffered in his peace and his honour, but acquiring the knowledge of the property, considering the it was in their p q wer to say, that in their opinion the circumstances of his introduction to it, coupled with some c onduct of to defendant was entirely without excuse. other facts, his honour wax satisfied that the burden of sup- Formal evidence was given to preys the marriaste of Miss porting the contract lay upon the plaintiff, and that, what- Marian Middleton and Mr. Alexander Robson, and the deeds ever the rule might be as to the evidence of value in ordinary of the marriage settlement were produced, showing that cases, this was one of the cases in which demonstration of the Miss Middleton was a lady of fortune, and that the whole of' value given was part of the burden thrown upon him who the property mentioned in the deeds belonged to her estate. supported the contract. His honour was of opinion that of It was also proved, that at various periods between the that burden the plaintiff had not discharsted himself; he was years 1839 and 1841, large sums of money had been paid to of opinion that, upon the evidence, the plaintiff had not given Mrs. R.oluon out of the property, which, it appeared, she the full value of the property. All that he had given was derived from her father, Major Middleton. These payments the assumption of a liability to pay the mortgage for 5001, were made from the surplus of the plaintiff's moiety of his to pay an arrear of interest on that mortgage, and wife's fortune, after defraying all the expenses of his coma to pay an annuity of 151. for the life of Rayner, who up- mission and outfit. peered to have been at that time at least 64 or 65 years old. Ellen Shadbolt, daughter of Mr. Shadbolt, one of the The property was at this time let for 31/. Some of the wit- trustees under the settlement, was present at the marriage news said less. Besides the rent paid, there was some of Mr. Roil on and Miss Marian Middleton, which took timber upon the estate, which, as his honour had already place on the 12th Oct., 1837, in the parish church of Stoke said, putting it at a low value, had at least the chance of Newington. Mrs. Riley, a enter of the plaintiff, was also fetching 801. He would say nothing as to the contingencies there. After the marriage the young couple lived for a short relating to some other property of Rayner. Assuming those time at Mrs. Kearney's.. They appeared much attached to to he passed over, and this, the main property, the only each other at that time.—Cries examined Witness had property to be attended to, he thought it imprint- never seen Miss Middleton before the marriage. We to treat the consideration given for this property Colonel Dobbin. formerly in the 19th regiment —The as being more than 6501., if so much; sad he thought it plaintiff's father was also of that me n t, nt. Il wa e wrelatedas ea dearly established, upon the evidence, that the property queinted with Mine Middleton, who reg wns in e y was worth more than 6501. Assuming this to be, in to the Robsons. He was confidentially consulted by both other respects, a case for specific performance, it was parties respecting pecuniary matters. Aftes the mar impossible to act upon the agreement. It was, however, enure, the plaintiff and his wife appeared to live together said by the plaintiff's counsel, that the subject matter of the nn the most happy terms. After Mr. Robeen went to India, contract was a concluded agreement, deficient only in its Mrs. Robson still continued to consult him upon her peeu formal parts, and which a court of equity was bound to en- niary affairs, and ,t was with 'ler concurrence that Mr. force. His honour could not, under the circumstances, ae- Robson's lieutenancy was purchased. 2501. was the sum cede to that argument, more especially, considering that paid for it, and out of Mr. Robson's moiety of his wife's pro the annuity was not secured in any way except upon an un- petty. A lieutenant on active service in India would have dertaking. The matter, he thought, must be only considered very little money to spare out of his pay. At the request of as resting in contract. The only remaining consideration Mr. and Mrs, Itotenn he called in Middleton-square, in was, whether the conduct of the p l ain ti ff and Renner, to- March. 1815, aft, r Mr. Robson had returned from India. gather, especially having reference to Rayner'e insolvency, Mrs Robson was then living in Middleton square. Ile was would be sufficient to bar Rayner from contesting the agree- not certain whether Mr. Robson was residing there or at meet. His honour was of opinion that, under the eireum- Hampstead. Before his visit differences had arisen between stances of the case, considering more particularly the plaintiff and his wife.—Cross examined: The plaintiff the relative position of the plaintiff and Rayner. was an illegitimate child of Major Robson. Ile did not the intervening time made no difference in the case. There- knew whether Mee. Robeen (formerly Miss Middleton) was fore, upon this record, he could not give the plaintiff this legitimate or not. Mrs. It.neon wa s then living at the house estate or enforce restitution at Lis suit. The injunctions of her husband's aunt at Hampstead. She certainly cora must be dissolved, and the plaintiff would have the option of plained of harsh treatment on the part of her husband. She accepting the def,•ndant's offer or having his bill dismissed. said she had endeavoured to get away, and thut she had 'f he plaintiff elected to have the accounts taken in the mas- been detained. He tried all ke could to reconcile the husband ter's office ; such accounts to be taken, without prejudice to and wife, hut he was unsuccessful. Mrs. Itobron declined the plaintiff's right to appeal. joining her husband at Chichester Barracks, where his regi ment was then stationed. She said, „ flow was it possible COURT OF QUEEN'S BENCH, for any woman to join her husband sifter being accused of Nisi Palm—Before Lord Denman and a Common Jury. having a child by another man ?" Witness heard afterwards CARTYR V. CIIF.ARWELL ANN ANOTHER. RAILWAY that she bad gone to Milan. OFFICES. — Mr. llugh Hill appeared for the plaintiff in this Colonel M'Donald: Knew the father of Mr. Robson for case, who sought to recover the rent of certain offices which 20 years, and he was also acquainted with his son, the plain had been used by the promoters of the original North Kent tiff in this action. He had never men the plaintiff and his Railway Company. The offices were taken by thedefendants wife together. He raw Mrs. Robson twice or thrice alter under a written agreement in the usual form. Shortly after- her husband's departure. wards, however, one of them wrote to the son of the plaintiff Harriett Kearney said she was a sister of the late Major to the r ffect that they intended their liability to continue only Robson. He had also an unmarried sister. Ile died in until the company should be formed.—Mr. Serjeant Allen II hadmarriedsecond time. lie married 1836. enot and Mr. Riddell, for the defendants contended, therefore, Pat le the aunt of Mien Middleton, who was sent to this that this letter was incorporated witrithe original agreement, country t' to he educated. Witness; was present at her mar and that as the company had been formed they were die ri with the plaintiff. She had been living with her aunt, charged from all liability to the plaintiff for rent of the offices the ag e widow of Major Robson, in apartments in Regent-street. from the time at which the company was formed. The evi- Min. Robson bad since married a Mr. Cox. After the mar dence, however, showed that the formation of the company s risge of the plaintiff to Miss Middleton, they resided at her had not proceeded further than the appointment of a prom house for about three months, and they appeared devoted to Fiona] committee, of which the plaintiffs son was a member ' each other. In January, 1838, they went ta live at the and of the usual officers.—Curl Denman would not say that house of Mr. Tynemouth, one of the trustees, and they re in law the letter was incorporated with the agreement. The titled there until the month of July, in the same year. jury must say what the terms were on which the offices had During that time witne s s s a w them frequently, and their at been originally taken. If the original agreement was that ac t hrnent for each other seemed to continue unabated. They the defendants should be di s charged from their liability on afterwards took apartments in the E d g eware road. In Oct. the company being formed, they would say whether it had 1838 Mrs Itoteinn was delivered of a child—a little girl. been formed and when. He thought it had not been formed. • . . She and her husband appeared very much attached to it. If the original agreement was not such as he had just awn. The affection between the o young couple " continued to tinned the written agreement was conclusive. The jury at e xist down to the time of Mr. Itobson's departure for India. once returned a verdict for the p'aintiff for the full amount. Witness received from Mrs. Robson the letter produced, giving an account of her lest interview with her husband. At that time witneee's house was open to receive Mrs. Rob son, if she thought fit to take up her residence there, Jut she did not avail herself of the opportunity. In Nov., 1841, Mrs. Robson called upon her to say she was going to Italy. She then lost sight of her until the plaintiff returned to England in March, 1815. Mr. Itelnon took up his abode at Hampstead, at the house of Mrs. Riley, his aunt. Wit ness was living at Islington. She remembered the plaintiff being at her house one evening, and he hail not seen his wife at that time. They were about to sit down to supper when a knock was heard at the door. On the door being opened, Mrs. Robson made her appearance, hut she wauld not come in. She left her addrees and went away. Witness after wards drank tea in Myddelton-square with the plaintiff and his wife. She then &nerved a r hange in the manner of Mrs. Robson, particularly when she dunked up in her hus band's face and said, " Are you not going to Hampstead, Alexander ?" He appeared very much distressed for an answer, and did not remain with his wire that night. Mrs. Robson afterwards went to live with him at Hampstead, but they did not occupy the same chamber, and their whole manner was changed. Her husband afterwards went to join his regiment at Chichester. Witness had never heard. of Mr. Ruding's name until this question arose—Cross examined: Miss Middleton, at the time of her marriage, was 18 years old, and the plaintiff was of the same age. The plaintiff was entirely dependent upon his relations, and had no money himself to purchase his commission. Witness had, formerly carried on the Imeinessi of a milliner in Maddox street, Regent-street. When Miss Middleton came to wit ness's house, she knew that she had clandestinely left Mrs. Robe-nes Mrs. Robson told her afterwards, and when Miss Middleton was in her house, that she (Miss M.) had left her, but she did not acknowledge that she was under her roof. At that very time the banns were in the 'course cf publica tion at Stoke Newington. Miss Middleton was a Roman. Catholic. Mr, Robson wan nnt. Witness was to receive 80/. a year for their board and lodging. Capt. Blair, of the 3rd Buffs: When Mr Robson joined that regiment, it was at Meerut, in India. He joined in the year 1839, as ensign. Ile eould not spare any of his income so an ensign whilst the regiment was marching and oeunter marching. His pay was about 201. a month, and when be was appointed lieutenant, it was increased to 261. a month. The regiment was stationed about 1,000 miles from Calcutta, in the year 1840. He recollected the plaintiff's obtaining leave of absence for six months, in order that he might go to Calcutta to meet his wife.—Cross-examined There were several married officers in the regiment with their wives. Mary Ann Green, wife of Matthew Wm. Green. rai w d, thatass in 1839, she was living at No. 10, Portman-place, Edge road. Mts. Robson at that time came to lodge with her. She then had an infant. Witness was to receive 501. a year for her board end lodging. About six weeks afterwards, Mr. Robson left England. Wheelie and her husband accom panied Mrs. Robson to Chatham to take leave of Mr. Rob son. They manifested a strong affection for each other. Mrs. Robson continued to reside with her until June 1840. During that time the child died—viz., in February. Men. Robson. did not go much into society. Mrs. Robsonsi left her to go to live with Mrs. Reamer. During her redence at wit ness's house, she had never Keen Mr. Butting there. In Jan. 1841, Mrs. Robson again came took the first floor, consisting of a sitting ortl-roors and bed-room. as communicating by folding doors . Shy afterwards, gentleman, named Ruding , tame to visit her ahout twice a. week. He generally came in the evening, and often took tea with her. She (witness) never knew-the hour when he left. Witness generally went to, bed about eleven o'clock, and she never knew h im leave before that hour. Her sitting room was under Mrs. Robson's bed-room. She might have heard the footsteps of a man in Mrs. Robson's bed-room, but she did not recollect it. She had not seta Mr. Ruding since the year 1844. A fortnight ago, she received a com munication by post, from the defendant's solicitor upon the subject of this action ; but she bad not spoken to any body about it. In the month of June, 1841, Mrs. Robson was taken very ill in the night time. Before that 'time, she had observed in Mrs. Reboots indications of pregnancy, but she had never made any remark upon the subject. Witness had been confined a short time previously, and a woman named Little was her nurse. Mr. Peede was the medical TLISA wh attended Mrs. Robson. The doetor sent for at two o'clock in the morning . She did not recollect a gentleman named Ruding calling th a t morning. She had never seen him go into Mrs. Robson's room. She remembered Mrs. Robson having a fainting fit, and Mr. Finding assisted witness and the servant in undressing her and putting her into bed rr also procured medicine for her. He called n christian name " Marian," but w itness did es esinarke COURT OF COMMON PLEAS.—Gettnitetts Nest Num.—Before Mr. Justice Coltman and a special jury. Roasoar v. Runtgo.—Cato. Cos.—Mr. Serjeant Tal foiled, Mr. Serjeant Wilkins, and Mr. Bovill for the plain tiff; Sir F. Thesiger, Mr. Serjeant Channel], and Mr. I'hinn for the defendant. This was an action brought by the plaintiff against the de fendant to recover compensation in damages for an alleged criminal conversation with his (the plaintiffs) wife. Mr. Serjeant Talfourd, in opening the case, said it was his duty to lay before the jury the circumstances under which the plaintiff claimed, at their hands, redress for the injury he had sustained, by reason of the severance of that tie which he fondly hoped would have existed between him and his wife throughout their lives. The plaintiff was an officer in the 3rd Regiment of Buffs ; and the defendant was a mer chant earryieg on business at Salvador Howie, Biehopegate, and residing in Nottingham-street, New Road. He was a man somewhat advanced in life, and the father of several children. The father of the plaintiff had been a major in the 19th Regiment of Infantry ; and having retired on half pay, took up his residence at Watton-on Thames. Ile was at that time the father of three children, who had the misfor tune to lose their mother in early life. There it was that the wife of the plaintiff, being . then a girl sent from India for her education, was first introduced into the family ; and an attachment arose between the plaintiff and that young lady. Miss Middleton, which subsequently led to their union. Major Robson, the father of the plaintiff, died in the year 1836, and Miss Middleton, who had also lost her parents, very naturally went to reside with the major'' , mother, who was then residing at Stoke Newington with her daughter, Mrs. Kearney. Miss Middleton was entitled to some property, the amount of which was at that time uncer tain, but which he (Mr. Serjeant Talfourd) believed to be about 3,0001. The ladies with whom she was living having sanctioned her union with young Alexander Robwm, the military friends of Major Robson were consulted upon the subject, as to the measures to be adopted respecting the young lady's property. They gave their advice, which was afterwards acted upon in a marriage settlement, dated Oct 10, 1837. By this deed a moiety of 1,600/. was settled upon Mies Middleton, and the remainder left as a fund at the dis posal. of young Alexander Rolston for purchasing a commis sion in the army and advancing him in life. On the 12th Oct., 1837, the young lady was married to the plaintiff in the presence of Mrs. Kearney and some other friends, with the sanction of those who were well acquainted with their res pective tempers, and could form a judgment as to the propriety 'bf the match. After taking some little tour, toe young couple returned to London, and found an asylum in the house of Mrs. Robson (the plaintiff's mother), where they resided for about three months. They afterwards went to live with Mr. Tynemouth, one of the trustees under the marriage set tlement. They resided there for several months, until a dif ference arose between them and Mr. Tynemouth, which induced them to take apartments elsewhere. They then went to live at the house of a Mr. Green, in Portman-place, Edgeware-road ; and in Oct. 1838, about a year after t he marriage, a daughter blessed their union. the child was happily now removed from this world. An ensign's commis sion had now been purchased for the plaintiff, and the funds fir that commission were provided out of the fortune of Miss Middleton, his wife. The time having arrived for the plain tiff's departure to join his regiment in India, it became neces sary that the young people should be separated before they had attained totb e age of 21 years. It was not coneidered advisable that Mrs. Robson should accompany her husband to India, and accordingly it was agreed that the y ou ng lady should remain with her friends in England. In the month of February, 1839, young Mr. Robson was quar tered with his regiment at Chatham, where he remained for some sh.ort time preparatory to his departure. His wife there took an affectionate leave of him, and afterwards the plaintiff wrote several letters to his aunt Mrs. Kearney, giving an account of their parting, and breathing the purest sentiv_tents of love and attachment. (The learned counsel here read the letters.) In due time the plaintiff arrived at Caltutta, and from thence he went with his regiment to M eerut, where he was stationed for a considerable time, and !whilst there he wrote constantly to his wife, to induce her to join him in India. It was ultimately arranged that she should follow him to India, and the plaintiff had adopted means for introducing her to some friends upon her arrival. He executed a power of attorney, by which she received a bill for 2791. or 2801. from his agent in England. He ob tained six months' leave of absence, in order that he might awaited her her at Calcutta and conduct her to his reaiment. arrival at Calcutta, and at last be discovered, by a letter which had been forwarded to the post-office, that she had changed her mind, and that she did not think fit to joine him in India. His d' sof cluree excd ingly bitter. After a sun, to find that his' to dspirit the stout __ him, and again disappointed 1 I