The Express. — London, England, 1860-07-06 00:00:00

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MEM" 41 MM LONDON, FRIDAY, IDLY & Tux privilege debate in the House of Commons last night will at least prove an important contri bution to our constitutional history. Lord PAIr es,rii,i's resolutions, as they stood, just recog nised the great constitutional principle which the vote of the Lords had threatened, but his speech was one to destroy their value. The noble vie count, as we well know, an deal only too lightly and pleasantly with the most serious subjects. But last night he showed a stronger desire than usual to make things pleasant to all parties. So strongly was he animated by the spirit of peace, indeed, that he ventured on an elaborate apology for the unusual conduct of the House of Lords. They had, no doubt, he intimated, been guilty of a constitutional indiscretion, but, after all, they didn't mean any harm, and he ventured to engage that if the House of Commons forgave them this once, or at least passed over their error with a quiet reprimand, they would not do so any more. The noble lord richly deserved the insidious praise which, later in the evening, he received from Mr. Drsa.►eLl. When the noble lord sat down the debate took a more decided tone. Mr. Cot.- tiax in an able and temperate speech annihilated the argument from precedent by a complete analy sis of all the cases brought forward as bearing on the late vote. Ho proved that so far from any of these bills being simply bills to impose or repeal taxation, in all of them the element of taxation was only secondary, and in the great majority utterly insignificant. A number of Libe ral members followed the hon. member for Ply. mouth in the same strain, and showed that stronger resolutions than those proposed by the Govern ment wouldhave been heartily welcomed by the sup portersof the Government. Meanwhile not a sound was heard from the Oppoaition benches. Six members on the liberal side of the House spoke in succes sion, but not a word was spoken by any Conserva tive member in support of ancient constitutional usage, or of the rights and privileges of the Com mons. They sat in solemn silence, as if (accord ing to Mr. Beaxat (imoasz's suggestion) they were mutes or mourners attending the funeral of the constitution. Mr. G LA LIMN E then rose and made the speech of the evening. His powerful arguments and earnest words would alone be sufficient to save the character of the House, and redeem the debate from the charge of having fallen below the ooze, sion. He boldly challenged the Opposition to discuss the constitutional question at issue, while commending the prudence of the silence they had hitherto observed. " Considering," said the CHAN o Btu,' of the EICH WEN, "that gentlemen op " pante are the partisans on this occasion of the " most gigantic innovation—the most gigantic " and the most dangerous that has been attempted " in our time, I may compliment them on the " prudence they have shown in resolving to he its " silent partisans." He vindicated the reso lutions of the Government as a temperate, but at the same time a firm and intelligible assertion of the rights of the House. In reply to previous speakers who had advocated • stronger line of policy, Mr. GtsteeroNe frankly expressed his own willingness to vindicate the privileges of the Com mons by actions as well as words, expressly re serving to himself full liberty to adopt any course at all likely to secure this further end. This de claration elicited the greatest cheering that has been heard in the House of Commons for many week,. There was for some minutes a perfect tempest of applause. The right hon. gentleman then proceeded to vindicate his assertion that the conduct of the Lords in rejecting the Paper Bill was • gigantic innovation. The question of precedent was soon disposed of. In the first place the rights of the Commons were deeper and stronger than formal precedents. To vindicate their essential rights the Commons had established many claims which the Lords had never formally recognised. It is allowed, for example, that the Lords have no power to origi nate or to amend money bills. On this point Mr. tCLaL,ar,IN says Strange to say, some " great doctors of the constitution are reported to " have stated on recent occasions—and that this " was allowed on all hands--that no money bill " could be amended in the House of Lords. On " the contrary, not only is there nothing on the " rolls of the Lords, so far as the researches of the " committee have gone, to prevent such amend " ment, but it is actually the fact that cases et " amended money bills are more frequent this " those where money bills hare been rejected by " the House of Lords. Under cover of these " broad in themselves but extravagant proposi " tions and untenable doctrines of privi .. lege, the House of Commons claiming " everything, and the House of Lords eon " ceding nothing—under cover of that apparent " conflict there has been a real, and there has " continued up to the present time an unbroken " harmony for 200 years. And the secret of that " harmony is this, that both Houses, each appa " rently claiming a conflicting right, have meant " the same thing. The House of Commons, by its " privilege in money bills, meant to reserve to " itself the integrity of the taxing power ; and " the House of Lords, by declining to admit the " claim of the House of Commons, intended to " preserve to itself an effective means of prevent " bit the House of Commons from forcing on it " other matters ci general legislation, and taking " to it its jurisdiction under cover of the taxing " power. This is the whole secret of the conflict in " which the two Houses apparently stand towards " each other." But, again, admitting the force of prece dent, not one hitherto adduced has any bear ing upon the recent vote. The Lords have never in any instance rejected a Bill having no other object than the imposition or repeal of a tax. In every one of the precedents adduced taxation is an incidental, if not an insig nificant feature. The Lords have thus never hitherto attempted to interfere directly with that taxing power which is the essential and most vital privilege of the Commons. In illustration of his point Mr. GLADIRONS referred to what took place twenty years ago, when the Lords were placed in much the same position with regard to the financial scheme of the Government as during the present session. In 1839, after the budget had been brought forward, and the income and expenditure of tho country provided for the year, a bill was brought in that swept away nearly a million and a half of taxes the bill for reducing the rate of postage to a penny. But the Lords did not venture to reject this Bill, though it created a clear deficit for the year of 1,400,0001. The strangest part of the story, sa Mr. GuneroKs remarked, was, that the Chan cellor of the Exchequer who sent that Bill to the House of Lords was the very Mr. Branco Rica who, as Lord MONTLAGLI, recently moved the rejection of a similar Bill for saving very nearly the same amount of revenue. Since the peace of 1815 seventy-eight millions of taxes have been repealed without a word of opposition from the Upper House ; but now, at the seventy-ninth million, the Lords attempt to set up a precedent which, if established, would destroy the only essential and distinctive right which the Commons powwow This bold and triumphant vindication et the privileges of the House thoroughly roused the enthusiasm of its members ; and though Mr. filLauerose'm speech was short, he has rarely made one more effective or successfuL Mr. WHITESIDE rose to repel the charge of silence which had been brought against the Opposi sion, and to vindicate himself, his friends, and the House of Lords from the charge of being abettors of innovation. His method of doing this was peculiar and rather Irish. It was by an appeal to precedents, indeed, but to precedents that are rarely regarded with favour, much less quoted as authoritative on the right hon. gentleman's side of the house. Mr. Wurrouna, in justification of the course the Lords had pursued, appealed to the rights and usages of the American Senate. The Americans, he argued, were a wise and sagacious people, sprung from ourselves, and he left it to be inferred that what they did was not only right in itself, but an example weighty enough to justify imitation and silence opposition in this country. We commend the right hon. gentleman's singular reply to the charge of innovation to the attention of his friends, and congratulate them on at length having discovered some precedent in favour of the unconstitutional and revolutionary course they I have undertaken to defend. Mr. Disasam's speech deserves to be well pondered by every Englishman who is capable of the sentiment of freedom. It demonstratively shows that the aim of the Tories is to govern England by the House of Lords. They have employed that House of late years to an alarming extent to interrupt and arrest the course of liberal legislation, and now they presumptuously grasp at the taxing power. There can be no doubt that Lord JOHN Rrsatii. was right in saying that their recent act is intended as the prelude to further inno vation. To what purpose will it be that pains are taken to reform the House of Commons and make it a more faithful reflex of the nation, if the irresponsible branch of the Legislature is to be allowed to ex tend its encroachments with no other check than some feeble resolutions which the Minister who proposes them is impatient to explain away ? The resolutions moved last night might have sufficed had Lord PALIIIIINTON permitted the House and the country to believe that the Government intended that they should form a basis for any action which might become necessary ; but by his laboured apology for the House of Lords he has done his best to destroy their value, and for this ho pro perly receives the ostentatious thanks of Mr. Dimasitu. Cbc Court. OSBORNE, TCLT b. The Quecn and the Prince Cowart, &mew psaied by the Duke of Haze Cobourg and the royal family, arrived at Osborne yesterday evening at seven o'clock. Her Majesty WY graciously pleased, on Tuesday last, to stand sponsor, in person, to the infant son of Colonel and the Hon. Mrs. T. M. Biddalph, in the private chapel at liskiegliani Palace ; the Princes Frederick William of Prairie, represented by Princess Alice, being another 11P001101% Despatches were received vestenlay at the Colonial Office from tbs Governors of Halt* and Bermuda. De spatches were sent to the Governors of theCapc, St. Helena, and Natal. We read in the Plymouth Journal:—" His Royal Highness the Prince of Wales will arrive in Plymouth on Monday. No official notifmetion of the time, or any of the pnnee's movements, had been received by the local autho rities up to last venting. The Hero, in which kb royal highness is to embark, is lying in the Sound. The Arisdne has also arrived. The Channel squadron may be expected in the county of this day or tomorrow ; but there is a ru mour that they may not come till the day before the prince is to embark, sod that they will not enter inside the Break water. It is also stated that so public reception of his royal highuew will take place ; but this statement I. not consistent with the fact that the Rifle Volunteers of the eastern division of Cornwall have solicited and obtained permission to be present at the prince's embarkation, and form a guani of honour, as representatives of the county from which his royal highness derives his title of duke.* The Prince Alexia Cebolenalry has arrived at Maurigy's Hotel from St. Petersburg. The Earl and Countess of Bandon, Viscount Bement, and the Ladies Bernant, hare left Penance's Hotel for Castle Bernard, Inland. The Bishop of Si: Da ;id 's has arrived at lanurigy's Hotel from Abergwilly Palace, Carmarthen. Mr. and Mrs. Washington If ihbert entertained at dinner, on Wednesday. at their mansion in Dover-street, Itzosilescy the Saxon Minister, the Duchess of Inver ness, the Duke of Rutland, the Marquis of Bristol, the Marini+ of Tallibardine, the Earl and Countess of Cork, the Countess of Fife, Lord and Lady Cecilia Bingham. Vis count and Vineentems Ingestre, Mr. and Ledy Lean Kok, Lady Moleswerth, the Hon. Merriman' Manna *ad Mr. Talbot Searle ; and yesterday the Marehieases of Sligo, Baron and Lady Mary Wade, Viscount sad Viscountess Torrington and Lady Rolle, Mr. sad Han. Mrs. Herbert, of Llanartb, Lord Restore Cecil, Han. Hanks Temple, Count de la Feld. Mr. and Lady Emma AnaseSse. Hoe. Clorlfary Morgan, Colossi and Mn. M,y4aletess 1184nlph, Mr. Arthur Scott, Mr. J. G. Drununosd, and Mr. George ELWOOD. EXPltig3l% LATEST . INTBELIGE7'C'E. NAPLES. AND Inman Trimaara.) roviDsirr.) NAPLE% duLY 4. (i Praou oca owe The Constitution of 1848 is announced. Parliament is convoked for the 10th of Sep tember. A commission has been appointed to draw up laws on the following subjects :—The National Guard, Administration, Council of State, and Ministerial responsibility. Naples is tranquil. The constitutional party is more consolidated. A Naples letter of the 30th says : Two afternoons back the ex-director of police, /!Mossy took refuge at the French embassy, and was concealed there at the very moment when bands of rioters were paring by, and who were very sharply harangued on their turbulent conduct by one of the members of the legation. It was not with- out difficulty and considerable danger that the man who for the last month has made Naples tremble was got in safety on board the Eylau. When he found himself safe on board, he offered, as I have been informed by one of the oaken present, something as a present to the attaoh4 of the embassy who had saved his life. I leave you to judge bow the offer was received. The Queen Mother has left Naples with haw oadosar, but only for Gaeta ; the widow of Ferdinand bee, I am assured, taken this journey very lunch spurt her will. The Paris journals& announce the arrival in that city of M. Ajmer., referred to above. A letter in the Opinion Nationale states that the principal assailant of Baron Brenier has been dis covered to be a man named Manetta a notorious character, formerly in the service of the police, but that he has not yet been arrested. The Official Journal of Naples has changed its title, and is now called The Constitutional Journal of the Two Sicilia. k'7 - oott• • tv* IetUDLY‘IiNtENING, THE INSURRECTION IN SICILY. A Palermo letter, of June 23, in &MC'S COR respondence, says : The church bells are being pulled down to be cast into cannon. Some will be left, but each church is required to furnish at last one. The churches in Palermo are very numerous. I saw this morning from twenty-five to thirty bals in the court-yard of the university, where there were also seven cannons sad several heaps of balls. The Sicilian fete at Milan on July 1 is said to have produced a clear 1,0001. for the benefit of the revolution. The Paris Prase reports that General Tarr has been obliged to resign his command in consequence of sickness. A Genoa letter of the 2nd says : The llicllian loan is almost concluded. M. Bertani, who is especially empowered by General Garibaldi, is treating with the house of Bellinsagbi, of Milan. The leen is for 45 millions of francs. It will be issued at 65, to be reim bursed in fifteen years by annual drawings. Another letter haw the following : Provisions, arms, and camp materials are being con tinually sent off to Sicily from this place. As to men, Gems, at this moment contains quite an army of volunteers from all parts, but especially Venetia, Upper Italy, and Romagna. There are also a certain number of Frenchmen, who, alter fighting under their own flag, are only waiting for an opportunity to share GarEbakli's fortunes. The French eon-commissioned officers are the object of especial favour. The Sicilian army has great need of instructors, and Garibaldi and his officers are well aware that better thus those cannot be found anywhere. THE POPE AND THE KING OF NAPLES. The Giornale di Roma has publishod the sove reign act of the King of Naples without the slightest comment. A letter from Rome of the 30th ult., in the Monde (ultramontane journal), says : The King of Naples, at the moment of ceding to the menaces of the revolution and to foreign exigencies, addressed • letter to the Pope, (iodating that he felt great agony of mind and imploring advice ; but he wrote from his bed, and is • manner which showed that he had already ceded almost everything. Pius reply, made use of many affectionate and paternal expressions, bat did not fail to point out the dangers to which concessions would subject his Majesty, those which they would inevitably bring on his people, and the inappreciable injury they would do to religion, to the honour of his house, to justice, to law, and to all the sentiments which sovereigns are bound to respect. A letter of June 30 says : General de lAmorici4e is ►bout to go to Spolete. He her established in the valley near that town, which is celled the PU4OO dell Umbria, a camp of 12,000 men, with four batteries of artillery. FRANCE. PARIS, JCLY 6. The session of the Corps legislatif, which was to be concluded on the 14th instant, will be prolonged to the 21st July, on account of the amount of business still remaining for discussion. Notwithstanding the denial given by the Pays to the news of the resignation of the Marquis d'An tonini, the Neapolitan ambassador, it is certain that the Marquis has officially announced to M. Thouvenel and to the members of the diplomatic corps that he has sent his resignation to Naples. THE CONFERENCE. BERNE, Jrcy 6. The Minister of England to the Helvetic Con federation has declared to the President, in the name of Lord John Russell, that England has given in her adhesion to the proposal of s Euro pean conference. The English Minister expressed on this occasion the firm intention of supporting th e T ight of Switzerland to claim new guarantees for the maintenance of her neutrality. PORTUGAL. LISBON, JULY 5. The new ministry has been formed by the Mar quis de LouLS as follows : Marquis de Lou ... President. Senhor Kemo Masai Justice. Senhor ... Foreign Affairs. Senhor Garcius ... War. Senhor Beutoda Silva ... ... Marine. Senhor Horta ... Public Works. GERMANY. The Paris Prose cites as worthy of notice the following correspondence from Baden-Baden, dated July 3 : The Emperor Napoleon has invited the Prince Regent of Prussia to visit the Chalons camp, suggesting at the IRMO time that the month of September would be the best time. It is, therefore, net impossible that the prince may go there. During the meeting at Baden, the kings anti ministers of the secondary states endeavoured, in vain, to persuade the Regent to change his home policy. Wie official journals of Stuttgart* Dresden, kc., talk es if their governments bad suceseded in bringing Prussia into the Wuraburg league,but they are quite wrong. The King of Wurtemberg having begged the Regent to take measure' against the " National Oonandttee," the latter replied that the law of Prussia did not prohibit such societies, so long es they did nothing against the established order of thinp. His ministers kw* found nothing illegal in the constitution of this coin. mitten, he refused to dissolve it. The " military cabinet," which accompanied the Regent to Baden, WOTIUI night and day under the direction of General Mantetiffel. The Moister at War is also at Baden. These two personages &wire to complete the new organisation of the army with all speed. The Prase has reason to believe that, with the • .1 , t exception of the news about the me Bing at Chalons, as to whirl, it desires to express no opinion, the above correspondence very accurately describes the state of affairs in Germany. It considers it to be "more and more evident that the interview was all but barren of any result, so far as regards an understanding between the governments ; but it is a great point,and one of happy augury for Germany, that the Prince Regent did not budge an inch on this critical occasion. If Prussia oontinues firm, the union will effect itself, and that under the most favourable circumstances." EXPRESS FROM PARIS. (race ooa owx coameroinmsr.) PARIS, THIJIIIIDAT EVIII7/10. The government journals eagerly claim for France the credit of the promulgation in Naples of the constitution of 1848—the last constitution sworn to and the last abjured by the sovereign of that country. The Patric's "latest news" from Naples is that "the influence of France continues to be very great," and the Pays, under the like striking heading, says :—" The wise concessions made by the young king are better and better understood and appreciated. In diplomatic circles they are unanimously approved of. Approbation is also general among the right thinking part of the popu lation. What especially contributes to rally all minds to the new constitution is that the Neapolitan government takes care to let it be known that it expects much from the friendly in tentions of France." Bomba-ism is decidedly look ing up to-day. The Bourse wan wonderfully firm. It was found out that many influential parties had been buying yesterday, and this morning the impression was general that something favourable was in the wind. Although Consols came without change, the Rents ram 30c., both for cash and account, closing in each case at 138 fr. 95c. Mobilier, which has for weeks been almost stagnant, rose 20fr. The Orleans Railway rose 6fr. 25c.; Lyons, 10fr.; Southern, sfr., and Western, 2fr. 50c. ; Eastern were without change. The Emperor and Empress, with all the court, left Fontainebleau this morning for St. Cloud, where they arrived at 3 o'clock without having crossed through Paris. They were received at the Berry Station by the Prefects of the Seine and Police, and conducted to St. Cloud by the railway which rune round the capital. A friend of mine saw to-day a letter from a great Marseilles house, ordering for Garibaldi with cash payments 10,000 six-barrel revolvers, 6,000 muskets, 5,000 Hike, 11,000 bayonets, and three ships. The matter is negotiated quite openly. The revolvers are thought to intimate street fighting in Naples. The assertion of a Belgian journal, that a Sicilian deputation from Garibaldi was on its way to Paris, to ask for an interview with the French Emperor, is contradicted. Ajoissa, the ex-minister of Neapolitan police, arrived in Paris yesterday. A pamphlet just published by Dentu, called " Rome and Provence," is talked of this evening. The author is M. Jules de St. Felix. I presume from the title that the object of the work is to prove that the Pope could not do better than leave Rome and inhabit the old papal palace at Avignon, which, by the way, is now about to be restored at an enormous expense with a view to all contin gencies. Mr. Cobden was present at the American national fête yesterday. The Corps Diplomatique was represented by the Ministers or Chary% d'Affaires of Sardinia, Switzerlaud, Wurtemberg, Greece, and Mexico. After a dinner al fresco, Colonel Faulkner made an eloquent speech, dilating upon the national topics usually adverted to by Americans on July 4. Dancing began at 7 o'clock an the green sward, and was kept up till after sunset. THE POPE'S OWN. A letter from Rome, of June 30, in the Paris Mole*, says :—" Mast of the Irish who have come here to take service under the Pope are tine men, and a certain number of them have already been in the army. The pas sion of the Irish for strong drink is unfortunately too well known ; and three days ago it was the muse of a painful accident. Homed the volunteers, when in a state of intoxi cation, attempted to forte open the door of • monastery, in order to take vengeance on • monk of whom they fancied they had reason to complain ; but • patrol being sent against them, they were arrested. General de Lamoriciire, who is determined that strict disciplino shall be Mail]. tained among the troops under his command, has deter mined that these Irish shall be brought to trial before a court-martial" A letter from Trieste of the 28th ult., in th•Presseof Vienna, Days :—" Forty Irish, who bad formed pert of • detachment which left this place last week for Ancona, refused at the last moment to accompany their companions, although their places on board the steamer had been paid for. They, how ever, subsequently consented to go by the steamer which left two days back, but at the last moment they again re fused to embark! The volunteers who left two days back for Ancona were 166 in number-6 of them Irish." Mr. Dodson, in Committee on Corrupt Practices at Elections Bill, will move clauses providing that votes at elections for the Universities of Oxford and Cambridge may be given by means of voting papers. Sir Charles MacCarthy, late Colonial Secretary of Ceylon, bee been appointed Sir Henry Ward's successor in the government of the island. Meyerbeer's Pruphlte is announced at Covent- Garden for Tuesday. with Madams lasillag as Fide', Madame Oarralho r Bertha, and Signor Tamberlik (his Ant appear ance) as Jean of Leyden._ PORTRAIT 07 RIB ROYAL HIGIINMS THE PRINCE OF WALLS.—Sr. John Watkins, the artist and photo grapher, of Parliament-street, had the honour of attending at Buckingham-pelace yesterday morning, and taking sittings of his royal highness the Prince of Wales, prior to his de parture for Canada. Major•Geneml the Hon. R. Bruce, governor, and Captain Grey, equerry to the Prince of Wales, also sat to Mr. \N &tidos on Wednesday. The lEarl of St. Germans and Major Teesdale having previously given sit tings to the same artist, a series of photographs baa been completed by him of the gentlemen who will officially aocompan_y the Prince of Wales to the United States. MR. .KAREY'S FINAL EXHIBITION IN LONDON.— lb. Rainy announces his hint public exhibition of horse twin in Loudon for two o'clock this day at the Allianibss Bakes, and in order to render this ocession one by which , . the efficacy of his system may be eminently and triumll - antly remembered , he has procured, aa the subject of experiment, the well-known horse " Clear the who vicious propensities have mined him an unenviable notoriety. With this unpromising pupil, and others' of kindred reputation, Mr. Raney confidently expects that Isis final demonstration will deserve public patronage. THE NEw MAGISTRATE FOR GREENWICH.— Daniel Maude, Esq., the new magistrate at Greenwich, was with a handsome testimonial at the rim e Walt Man n cheetr, on his retirement from the office of police magistrate of that city. The testimonial consisted al a timepiece, in ormolu, by Howell and James of Paris, and five pieces of silver plate, value about 4001. On one of the pieces of plate was the following inscription : " This salver is part of a service of plate presented to Daniel Mande, Esq., on his retirement from the office of police magistrate for the city of Manchester, by his fellow justices, in testimony of their personal regard, and as a memorial of their high estimation of the uprightness and ability, the attention, judgment, and courtesy, with which, for more than twenty years, he has discharged the varied, grave, and ronsiblc duties of his important that -11 heater, 1860." The presentation took place in the preeence of the matiatrateis and a considerable number of ladies. CRYSTAL PALACE. —ONE SHILLING DAY. THURSDAY, JULY s.—Admissions on payment, 5,760; ditto by 11100311 tickets, 772; total visitors, 6,482. TAW -INTELLIGENCE. (THLB DAY.) EQUITY COURT. (Before the Neater of the Bolls.) His Honour gave judgment in the above saris, which was argued last term, on a motion for • new trial. It will be remembered that the bill was filed with a view to teat by an lam the validity of the three codicils al the will of Mr. =le. Naftali, of Matlock, Derby. The testator died in 1856. During his hat Illness he implied by words and gestures an intention to alter his will, but was unable by reason of his weeknem to make himself intelli gible, though he several times pointed to a cupboard in which, after hiedeath, his will was found. Under this his ' real estate, amounting to 2,0001. • , was devised to several persons, while his personaltyj, r about 10,000 f., was bequeathed among above thirty legatees The testator was known to have executed his will in duplicate, sod another will, bearing the same date as that first found, was discovered on the day of his funeral by one of his executors. The last found wrn differed from the other in that it contained two iftterlineaticnia, one of which gave 1001. • year to the of in this suit, end it was en dorsed " This is my • t wilL" The residuary legatee of the real estate died • rw weeks after the testator, and within a day or two of his decease Else found among papers which had belonged to the testator, and which had been removed from his house to Else's, at the instance, it was said, of the deceased residuary legatee, a gummed envelope addressed to the testator. This envelope was opened by Mr. Nuttall's executor, and contained a codicil revoking some of the dis positions of the will, and substituting, among other per sons, Else and a relative for the former devisees. This codicil bore date the 27th October, 1855, and was attested by Gregory and Buxton, two tabourer, who had been many years in the service of the testator. This codicil was enclosed in an epitome of the first found will, which contained full references u well to the codicils as to the unrevoked part of the will. Later in the year (1856) Else, who was then in office as road sur veyor, had occasion to require • book in reference to road business which was in the possession of Mr. Newbold, the solicitor of the testator. In this book, at thg moment it was handed to him, Else discovered another wiflcil, bearing date Jan. 6, 1856, whereby the will was still further affected, and greater benefits bestowed on Mae ; and, last of all, in Oct., lessl, a third codicil was discovered. else had removed to the house formerly occu pied by the testator, and being engaged in SUM( up a room in an outhouse attached to it, he directed a lad in his service to clean it. The boy tried to open the window. which was so high up in the wall that he could not reach it, whereupon Else with a view to assist the lad, put his hand upon the window-sill; this gave way, and with it fell • portion of the wall. Ina hole thus laid open was then found a small jar containing 23 sovereigns in a beg, and another codicil bearing date Jan. 12, 1856, and attested by • medioal man,of upwards of 40years'standing, and also by aa intimate associate of Mr. Nuttall's. The last codicil disposed of what remained of the real property chiefly in favour of Else. It should be added that none of the codicils touched the personal estate. The issue directed by the court was first tried before Mr. Justice Ede at the Derbyshire summer WILMS last year, when a verdict was found validating the codicils . The defendants then moved for a new trial, which his Honour granted, chiefly on the ground that the genuineness of part of the epitome found with the second will had not been so presented to the jury as to be regarded as having been decided by them. The second trial was had before the Lord Chief Baron at the Derbyshire spring assizes of this year, when after three days a verdict was found invalidating the codicils. The plaintiffs had now moved for a third trial. His Honour in delivering judgment observed that further consideration of the evidence had certainly strengthened his first im pression of this extraordinary clue, that the question turned on the genuineness of the first codicil. The validity of the 2nd and 3rd depended on that, which again was to be decided by the genuineness of so much of the epitome of the will as related to the codicils. The first part of that epitome was undisputed, but the second, the important part, which was unnoticed at the first trial, was the main ground for the second trial ; that had now been examined and was found out to be in the hand writing of the testator. The testimony of experts was not in general satisfactory, but in this case their evidence was valuable, and had led the special jury to a conclusion in which his Honour concurred. Had this put been in the testator's writing it would have proved the first codicil, and removed the improbability of the others ; if the testator had done one foolish act he might have done others. As to the resemblance of the writing to the testator's, it must be remembered that persons who were in the habit of copying the writing of others thereby unconsciously ac quired the habit of writing like them; the resemblance therefore would be accounted for by Else's relation to the testator. it is true there was the evidence of Buxton and Gregory, but these witnesses by their subsequent conduct had rendered themselves unworthy of credit. The other codicils were also attested and the attesting witnesses were before the jury, who, upon whatover grounds, re fused to place reliance upon their testimony. Whether they were mistaken his Honour would nut say, hut the whole question was so peculiarly one for • jury that he should not dissent from their verdict, in the propriety of which he agreed. There would therefore be no new trial, and the motion must be refused with coats. Mr. K. Macaulay, Mr. Mellor, and Mr. Osborne were for the plaintiffs ; Mr. Serjeant Hayes, Mr. Selwyn, Mr. Sur. ridge. Mr. Saunders, and Mr. Horsey for the different dededeete. COURT OF BANKRUPTCY. (Before Mr. Commierioner Faae.) 111 TIM seer CHP IDIGLAND AMR /.pus MILLN AND BAKINO COMPANY (LINTIT.D).-110 , 011TANT JUDGMIXT. This was the day fixed for delivering judgment upon • petition presented by Mr. J. It. Johnson, of Freeschool etreet, Bermondsey, praying that this company should be wound up. The Commissioner said—Mr. Job Johnson has presented a petition to this court in the matter of the West of Eng land Steam Flour Mills and Baking Company (limited) stating that he is • holder of 500 U. sheres in the company; that the shareholclis in .enrol meeting have resolved that the company shall be wound up voluntarily under section lira of the Joint Stock Com panies Actof 1856; that liquidators have been appointed,luive proceeded to wind up, and have taken possession of the property for realisation, but that he is dissatisfied with their proceedings ; that he is a creditor of the company for 2001. and upwards, and desire that the company may be wound up not privately but publiclybythia court. Those who originated proceedings to wind up voluntarily object to Mr. Job Johnson's proceedings, and allege that he is not acreditor of the company at all, but only a shareholder. By clause 105 of the act, it is provided that voluntary wioding up shall not prejudice the right of fa Airector to enforce a public winding-up by the court. Mr. Job Johnson insists that be is a creditor of the company for 200 f. and interest. If he is not paid off, of course he can compel a winding-up in open court. The question then fa—la he a creditor? He swears he is. Two of the directors swear he is not. The evidence that he is a creditor is cer tainly not quite so clear as one might wish ; but having re. prd to the documents produced by Mr. Job Johnson, signed by the chairman and secretary of the company, re. mguising the receipt of the 2001 . by the company from Job Jobnson,and the liability of the company to pay him lutenist at 5 per cent.,l must recognise him as a creditor for the MAC and interest at 5 per cent., although there are expressions in the documents which create some ambiguity and would au thorise some doubt. Ou consideration however of all thee/a dmits, all the documents, and all the entries in the com pany's books, I think Mr. Johnson is certainly a creditor for MOi. and interest at 5 per cent. and therefore unless I.e is paid that sum the company must, if he demands it, be wound tip by this court under clause 67 of the Joint Stock Companies Act. If the company are of opinion that the interference of this court will be prejudicial to their inte meta there is &course open to them, which is to pay Mr. Johnson, and thus avoid the evils, imaginary I think, of court administration. THE POLICE COURTS. (THIS DAY.) MANSION-HOUSE. An Italian boy, about 15 years old, who was described on the sheet es being unable to speak or understand English, was charged!with hewing ; and with him was a monkey, by whose tricks he had been in the habit of exciting at epee the mirth and the pity of passengers in the streets of the city. The prisoner was a stupid-looking little animal ; and but for the difference in their dress and stature, it would really have been difficult to tell which was the Italian boy and which was the monkey. The prisoner here said his name was Ow' eppe Fronconi, but the monkey said nothing although it kicked and capered about to the great delight of the spectators. Shaw, a City policeman, who for some months past has done duty as beggar-detective, said that on Thursday after noon he saw the prisoner with his monkey begging on Exchange-buildings, as he had been for several days pre viously, and as all efforts at persuading him to go away were useless, he (witness) took him into custody, and found la. llld. on him, all in copper.. Three other ltalian boys were with him, and recently the neighbourhood has been en much beset by such vagrant., with their nionkrya and guinea-pigs, that it had become quite a nuisance. The officer added that a very respectably dreamed man had been to the station to inquire about therisoner, and he (wit n ess) had no doubt that this man rea ped the full benefit of the earnings of the boy and his mon key. An Italian padrone, who waa in court, said the prisoner lodged with him, paying only fur his lodgings; but that the monkey belonged to the prisoner's brother, with whom he had come over front Sar din ia, although witness did not know where he was. Alderman Hale—Well, tell him, interpreter, that he is offending against our laws, but we will forgive him this time ; only if ever he is caught begging in the City again, be will be sent to prison. Interpreter—He does not seem to care much about it. Alderman Hale—Well, tell him his monkey will be taken from him. The prisoner hugged his fellow exile under his jacket and grinned from ear to ear. liaterr—He only laughs. Mr. Ald er nn Hale—Well, I suppose he can't help it, and, so saying, the alderman and the court laughed out. right, while the Italian boy and his meeker/'ere die. charged. MARLBOROUGH-STREET. 1 °d 0 OP MAMMA 00111111 a. Jahn Field, a labourer, of 9, Belmont-place, was charged with causing the death of William Forest Allerby, by striking him on the head several times while fighting in the Horse and Groom public-house, Great Portland-street Mr. Robert Nonish, of the Horse and Groom, Great Portland ..treet, said—On Monday afternoon the prisoner and the deceased, who I knew by the name of " Punch," were in my house, and a fight took place between them, " Punch" striking the prisoner the first blow in the mouth. There were no words pulsed between them. I, after the exchange of a few blows, turned the prisoner nut, and " Pooch" left about an hour and a half after. That la all I know about it. Inspector Garforth, of the E division, said he understood the witnees closed the door and encouraged the fight. The man "Punch" died on Wednesday night. Mr. Newish, in answer to Mr. Beadon, said "Punch " complained of no injury. They had three or four rounds, and the fight lasted about seven minutes. Only saw "Punch" knocked down once. Mr. Beadon—Do you mean to say that as the landlord you could not have prevented the fight ? I think after this your license will he in t E, jeopard y. 8 said on taking prisoner into cue. tod7reaa Rogen, sald it was not his fault ; that the landlord ordered the doors to be closed, andfsaid, "Goat it, Punch;" that they bad a figbt for some time and that "Punch" fell. Mr. Beadon said he would take one bail in MY. fur his air peamnee in a few days. The deceased is well known at most of the sporting houses about town and also at the races by the name of "Punch." LAMBETH. BRUTAL ATIPMPT TO 1111311 DEN. Elizabeth Weekatead, • middle-aged female, with the most unmistakeable appearances of drunkenness and dial pation, was planed at the bar before the Hon. G. C. Nor ton on a charge of attempting to murder her illegitimate child by first dashing it on the pavement in the yard of the house in which she lives, in Hooper-atreet, Lambeth, and then throwing it into the water-butt. The prisoner, it appears, is the widow of a soldier, who bad been killed in the Crimea, and being left with one child, then about 7 years old, the prisoner obtained a pension from the " Patriotic Society" of 1/. es. a month. Since the death of her husband her conduct has been loose and ilia aipated, and the intended victim to her vengeance is said to be the illegitimate offspring of an improper intimacy with a soldier, a near relative of her late husband. Yesterday she received her monthly pension, and returned home much intoxicated , and soon after she was seen by a young man named Ward, who was looking from his window to take up her infant of four months old and dash it againaL the brick pavement in the yard. Ward, with much courage and promptness, jumped into the yard and took up the child, but the prisoner managed to get hold of the infant again and thing it into a large water butt. War 1, however, a second time rescued the child, but it in doubtful whether it will survive the injuries it received. The child by the direction of Mr. Wnstaff, the surgeon, who bad examined it and considered it. life in much danger from a severe contusion on the head, was removed to Lambeth workhouse ' and the prisoner was taken into custody by Thomas Fos ter, 133 L The magistrate commended Ward for the promptness with which be acted, and which alone saved the life of the unfortunate infant. . Thomas Foster, 138 L, was next examined, and corro borated the above statement. The prisoner was drunk and very much excited at the time, and he did not think she was 000110i0W1 of what she did, In answer to the magistrate, the witness said he had been to the workhouse that morning, and found that the infant child was in a dangerous state. The prisoner, in a whining tone, said she was so very drunk at the time that she was mad, and knew not what she did with her "dear little lamb." She was ultimately remanded. SOUTHWARK. STEALING A £lo !MIL William Coates, a potman, lately employed by Mr. Andrews, the landlord of the Prince of Wales Tavern. opposite the railway station in the Waterloo-mad, was brought before Mr. Burcham, charged with stealing a 101. Bank of England note, under the following circumstances : James Gray, a young man living with the prosecutor (who was too ill to attend), said that a few days ago Mr. Andrews gave the prisoner a ten pound Bank of England note to get changed for some sailors who were having vs freshmenta in the house. He never returned, and nothing was known of him until yesterday, when he was appre hended, in great distress. In answer to the charge the prisoner acknowledged having changed the note in the White Horse public-house in the Cornwall-road. After that he met a man, and went into the Pear Tree. where he got partially intoxicated. He then proceeded to Southampton, where he was robbed of all the money and he walked back to give himself up to the police. Mr. Burcham—Then you plead guilty to the charge? Prisoner--Yes, sir. lam very sorry for my misconduct. My character now is lost and I am ruined. Mr. Burcham told him that his conduct was very bad in appopnading the proceed" of his master's note to his own use. He must be imprisoned for six months with bard labour. SERIOUS CHARGE AGAINST A FARMER. A few days ago, at the County Police-office, Lei cester, • farmer of Evington, named Tebbe Johnson, was charged with a brutal assault on a boy, named George Scar- It appeared that the lad had been working for the defendant, whose wife entrusted him with some money to carry to her husband. It was wrapped in paper, and he opened it to look at what was indtle. He then wrapped the money up again, but did not take it to defendant, because be bad lost • sovereign on the road. He hid the re mainder, and afterwards denied that he had reoeived the money. Thereupon the assault was committed. A man named Glover stated that he saw defendant come to the gate of the field in which he was, put a string round com plainant's neck, and carry him to the middle of the road by the string, at the same time lifting him up and down with it. Defendant also carried complainant in this manner up and down the lane. The com plainant's tongue was out, and defendant earned him 150 putts. He appeared senseless and unconscious, and pointed to different pan aof tl:e field. After defendant bad done with rmnplainant, he turned him over to an Irishman who came up, handing him the string and • knife, and telling him to do as he liked with him. The child was carried backwards by the string in the lane for quite an hour. He saw the Irishman holding the complainant with the string and an open knife in the other hand, taking him from one part of the road to the other. Defendant was present. The Irishman let complainant fall upon the ground, and then lifted him up by the string. and kept dragging him by it. The lad became unconscious, and was very seriously injured. The defendant was fined 10/., with If. 19a. costa—Manchester Examiner. INTERNATIONAL EXHIDITION Or 1862.—The Se cretary reported to the Council of the Society of Arts at their meeting on Wednesday last, that the amount of the Guarantee Fund promised up to that date, was 32'9,600f. FANCY BALL AT THE MANSION-BOW/E.—Agana fancy dress ball took place last night at the Mansion. house, by invitation of the Lady Mayoress, which was at. tended by nearly five hundred persons of rank and feebler'. Among the compeny present were the Persian ambassador and suite, the Moorish ambaterador and suite, the Earl and Countess of Cardigan, &c. The company lea n to arrive shortly after nine o'clock, and the Egyptian- Mall was very tastefully decorated for the occasion, and was used as the ball-room. W;i s vpert's baud was retained, and the refresh manta were su ppl ied by Messrs. Ring and 13 rymcr , and con sisted of every elicacy. The greater portion of the visitor were dressed in fancy costume, and the whole evening's amusement passed off with the greatest Mat. ROYAL COLLEGE OF SURGEONS. —The annual meeting of the Fellows of this college took place yesterday afternoon, in the noble library of the institution, to elect three fellows into the council of the college, in the room of three members going out in rotation. The president, having explained the objects of the meeting, called on the secretary to read those portions of the bye-laws relating to elections, which, having been doi.e, the electors proceeded to record their votes for the candidates, via, Messrs. Francis Kiernan, F.R.S., of Manchester-street, Manchestersquare, one of the examiners, and a member of the senate of the Univer sity of London ; Joseph Hodgson, F.R.S., of Westboorne terrace, one of the examiners of the college ; and Richard Partridge, FALK, surgeon to King's College. The poll having closed, and other formalities gone through, the }},re sident declared that Messrs. Kiernan, Hodgeou, and Par tridge had been duly re-eleete.l. Perhaps the moat lute meting part of the day's proceedings was the re-anion which took place at the Freemasons Tavern in the evening, on which occasion Mr. James Luke, Ells., surgeon to the London Hospital, presided, supported by the most distin guished medical celebrities of the day. THE EDUCATION COMNIMION. —We shall have no report from the education committee this year. The commissioners' views upon the evidence before them are widely at variance, and the Doke of Newcastle's visit to Canada with the Prince of Wales renders the postpone mer.t unavoidable—Patriot. THE Seinen WIDITERN BANE RELIEF FUND. The committee who have the management of this fund must be congratulated on the highly satisfactory amount which they have given of their stewardship. They have relieved 1:11 persons who were thrown into destitution by • one of the greatest commercial cattedroplie , of modem times. and have distributed in this most benevolent work no less I than 12,0001. Four-fifths of this sum were railed in Gies gow. —Gismos Morning Journal. LAUNCH OF TWO GUNBOAT% AT LIVERPOOL. Mr. W. C. Miller, of Liverpool, yestmday ( Th urs day) ; launched from his shipbuilding yard two timber built gun , boats, named respectively the Heron and the DotterelL Each boat is no feet long and 21 feet wide, end of an actual tonnage of 96$ tons. They win be propelled by r screw engines of 40-horse power, from the nianufactory of Messrs. Ravenhill and Salkeld, of London.