Star. — London, England, 1828-11-27 00:00:00

COURT OF ALI?E3MEN. yesterday a numerous meeting of the Members of the Court ot Aldermen took place. The business for the dispatch cf which the Coot was held was of little im rortan rce in comparison with that which arose out of whit had very recently taken place with respect to the unfortunate ct calm es who lie under sentence of death in Newgate. It was expected that a subject of such deep interest would not escape the first Court of any kind into which.the Recorder of London should enter; and t he Lord Mayor, who had on Tuesday rely strongly aspressed hiropinion on the delay alluded to, we under stand, made it pretty generally known that he would r(quire an explanation. Alderman Fanesawntaa, in rising to address the Court, said, that he could not refrain from introducing . q-estion which had no reference to the business on which they had assembled. He was sure that be should be readily excused, in consideration of the nature of the subject, and the deep and extensive emotion to which i t had given c , use. It was matter of general notoriety that his Majesty had determined to hold a Coutt on Monday at Windsor, to which the Recorder was sum moned; for the purpose of reporting the prisoners under sentence of death in Newgate. The report was expected en Monday night, but, to the astonishment of all, and to the great anguish of many, no intelligence what ever was received at the poison during the night.— Every movement in the. prison produced a thrill in the bosom of each poor wretch,. and their relatives and friends paced up and drown the street in the most dreadful state ot suspense. Next morning there was no re:ief to the doubt and suspense which prevailed during the night; every place at which intelligence might have been procured in the fancy of the unhappy relatives was visited, and ev:ry pubic man in thf City, who was known to take a stro rg interest in theVealkions cf the Executive, was questioned, in the belief that the result was known, although concealed from the - afertunate individuals most nearly concerned. Such a circuit stance coold•not escape the eye of the respettabte press, which was at all times ready, as was trod'; every day most powerfully displayed, to advocate the cause of the miserable. The newspapers had noticed this extraor dinary occurrence. Tee delay was justly considered an apparent violation if the rights of huibanity. Toe public looked upon it as an outrage upon society ; and as a member of that Court, he comidetedbiwiself bound to call upon the Recorder for an explanation of the fact that, although the Report was made on Monday night, the Covet nor of Newgate did not receive it until halt past five on Tuesday. The RECORD/1R rose amidst the deepest silence. He regretted that there should be imputed to him any' thing like a disposition to add to the sufferings of the entortunate convicts and their friends, or an insensi bility to the feelings and opinions of the public. He felt very differently. No one could more lament the frequent repetitions of the most painful part t f his duty than he did. The Learned Gentleman then proceeded to explain the cause of the delay. He had, he said, been summoned to attend the Palace, at Wind. sor, at three o'clock, and he reached the presence of his Majesty just an hour before the 'Council was held. The convicts who had been sentenced in the September Session were those along whose cases un derwent the deliberation of the Council, and the Coun cil bad not terminated its labours until half-past eight o'clock in the evening. He repaired immediately after wards to the Castle Inn exceedingly fatigued, the extent and the nature of his duties on the occasion being far Item slight or trivial. But his duties cliri not terminate with the Council. He was obliged to occupy himself in writing. and between that occupation and the great fatigue he bad undergone, be felt unable to recut u to town until nee: slay. He admitted that the Report did not reach. Newgate until half-past five on Tuesday evening, but then he did not reach town until three o'clock, only two hours and a halt Wore that time. If any inconvenience or additional pain was the conse quence of this unavoidable delay. he sbotild deeply lament the circumstance; but then it must be consi dered that the delay was unavoidable. Alderman FAUBROTAIZR said, that if the Reeender was unable, in consequence of the caress of his fatigue and his feeling., to return to.town oil the night the re port was made, an application ought to have beer made to Mr. Peel, who would, no doubt, have dispatched an orderly with it to Newgate immediately after the exe cution of the three unfortunate men was determined upon. The report would its that case have reached town as safely as if it- was carried by the Recorder's clerk, or the Recorder himself, and a great deal o Misery would have been saved. We understood the RECOP.DIR to say that his fatigue. : revalued him from acting expediticoosly. • Several of the Aldermen expressed their surprise at the delay, which appeared to them to be unwarrantable. One of their Worships said, that so little tegitrd had been paid to the feelings of the unfortunate convicts or their friends, that it was notorious that sevetarPeisows were acquainted with the fact that Fenn Higgins, and Hume, were ordered for execution , b efore any coin- . metrication whatever had been made to Newgate. The conversation dropped, after the Recorder had repeated his former explanation. A broom bush was lately cut on the farm of West Cairnbegg, pariah of Foordcun, the site and beauty cd which is worthy of remark. Its parent stem measured 41 inches in circumference. and divided itself into siz hutches. It grew to the height of 14 feet, formed a cline body, and filled a circle of 36 feet at the top.— For some years past a wood pigeon has brought forth her young in its branches. LITER A Iva The London publishing' sett° . n has eninmenced earlier than rival. ,Among the ndsceflaneous books veld t h have already appeared, the Reader will be greatly attracted by the " Memoirs of NoUekens and his Times," a Biography, by Br. Smith, of the Btitish Museum, which, 'in piquancy of nom- Om and fertility of anecdote i may rank with the Lives of Bestre wn Cellini and C o ny Cibbe r. The font th volume of " the Doke. el litorigo's Memoirs," which completes the work, comprises what, as fu mike councils of Bonaparte were concelned, may be called the great history of the Battle of Waterloo, followed by details, *ever before made public, touching the final exile of the Faye- Tee of the French. The Memoirs of the late -Ertipre.s Jow l/has and of the Courts of Navarre and Malosalsou" will, no oink. be eagerly received, as the only authentic &cement extant of the private life of the most interesting, and, at'oese 'period, lsbetuial female personage connected with the destinies of hams under Napoleon. With regard to our own ulnae, the Reader will be glad to learn that Mr. Godwin's valu able " History of the Commonwealth of England" Is sow wimpleted by the publication of the fourth volume. Foremost in Vet ank el mot!. of fi ction stand Mr. florae* Smith's " fella, a Tie o f th e Holy City." ihe era of this grand lionsace is just previous to the advent of our Saviouu, and the work okay Blue tram the state of head on the eve a the comb's of Tres Mu tate; the eagle change from Jerusalem to miser parts Id 0111111811, then to Alexandria and Rome; and the plot embrace* several thancteis at al.cieut history, such es Antiguan, Herod;Ckopatra, Mark Antony, Virzi!. Horace, &c. The " Tales of the Great St. &fused" are said to be written by the soarer of the noble story et Salathiel, and are acknowledged to be every way worthy of this sof*. To conclude this Mitch—the author of Pelham prembes new work of active,, different in design from his fine, bulsold la* Miett Interesting in pint and disracur•—liorniag J.sraai. CORONERS INQUEST. Tilt LATt ACCIDINT AT OOVgNT-GARD&N TNIATiII. Lau night an inquityytai•made at Middlesex Hos pital, before Mr. &laws% Coroner, and a respectable Jury, concerning the death of Mr. James Cooke, one of the sufferers in that unfot inmate occurrence. _ _ • The evidence given as to the cause of the accident has, in a great measure, before appeared.—The Theatre was closed for the purpose of having the gasworks to moved, and while the workmen were employed,, the deceased imprudently approached one of the gasometers with a common back lamp; the essential oil which vies flowing from it took fire, suffocated Mr. Douglas and Mr. Fennell before they could escape, and enveloped the deceased and two others in flame, and atter they were extinguished, the three last were conveyed to Middlesex Hospital. Mr. Charles Waite, jun. House Surgeon, stated that on Tuesday week Mr. Cooke aas brought there in a coach, with two more; he was very severely burned about the face, back, breast, arms, and hands, but not so much so as one of the others named Skinner, who still lives. He attended him until half past three o'clock nit Monday morning, and then he died in consequence of the burns. _ _ The Jury were desirous of knowing whether Mr. Cooke was connected in any way with the Therire ; and Mr. Corder, the Vestry-clerk of St. Paul, Covent garden, who was present to give evidence if required, said be believed he was not ; but he was an ampt,tur in theatricals, a kind of scientific man, and the conductors permitted him to be there for his amusement. The Foreman asked Mr. Waite if vie deceased was sensible alter he was brought to the Hospital, and whe Cher he himself ever said how the accident occurred? Mr. Waite said he was perfectly sen.ible, but it was not thought prudent to di,tract hl4 mind with inquiries. It was alerwards suppoied that Berry, the labourer, who was the third person taken to the Hospital, and who has suffered least, might be able to give juror ma Lion; and the Foreman, accompanierk . by one of the surgeon;, went to'lris bed-side to obtain it; but all the poor Mks', knew was, that he saw the flame coming, and he ran away, if possible, to save himself. TheJary viewed the body, which presented a dreadfpl spectacle, and returned a verdict, " Accidental Death.' CHILD MURDER AT SHEFFIELD. Sunday the neighbourhood of Westbar, in this town, was in a state of great ex-itement, in consequence of a report that a female illegitimate child' had been mut dered by its reputed father. Monday, at tour o'clock, an Inquest was held on the body, before A. A. HARDY, Esq. Coroner, and a very respettahle Jury. The Jury went to view the body; on their return, the following witnesses were examined: Elizabeth Haigh stated, she is a single woman, and the mother of the child the Jury had just seen. Mar tin Slack was the father; Ise is a brace and bit maker in Norfolk-lane. The child was five weeks old on Sunday ; the child was filiated upon Slack about seven or eight weeks before it was born ; the day after it was fathered he was sent to Wakefield, on account of. not being able to give security for its maintenance. The child had nut been baptized. Slack remained at Wakefield five weeks. His fa. 'her became sects, ity for him, when he was libeisibd. On his return from Wakefield he called upon her ; she also saw him the night after the child was born; he h often come to see her since, and said be was willing to marry her, but his parents would not give - consent ; he came to their house (she lives with her father) on Sun day morning, about seven; she was suckling the child; her brother was in the room, but asleep ; she was not ful:y dressed; went up stairs to dress; laid the child down when she went up stairs; as soon as she gos up stairs the child g ore a scream ;ter mother told her to go down and see what was the matter ; she went down and found the child in Slack's arms; saw a smoke or blaze issuing from the mouth of the child. Asked him what he had done to it ? Ile said, it Nothing." Placed the mouth•of the child to her owe cheek, and the mask on bet face was made in consequence (witness showed a wound on her face, apparently a butts). — When she asked him what he had given the child, ; he bade her give it some water. She took the child from Slack, a. din attempting t give it the breast, some thing like brimstone came out of its mouth. She alarmed her father and mother, who were up stairs. .Slack told' her 4 ' Hale screamed he would go." As her father was coming down stairs, Slackran out and went away. The child .ied in about three quarters of an hour after. She dis:orered s meshing had been given to it. It was quite well het re. Sent for Mr. Win. Jackson, surgeon. By one of the Jury—She had had parish ache(' for the child. Slack seemed fond of t e child. She had visited his father's with the add. He had been to see her on Saturday. She never had. any seasons to be lieve be had any disposition to injure the child. There was ao bo tle found:after Slack had gone away. It was about eight o'clockon Saturday night when he. cameto see her. He did not ask her to drink at that time. At the conclusion of this witness's examination, the Coroner directed the prisoner to be in - roduced into the room, that be might have an opportunity to ask any questions of the witness, if be thought proper to do to. After she deposition of the mother had been reach over in the hearing of the prisoner, the Coroner in quired if he bad any questions to propose to tier? when he merely said he had not given the child any thing, and he had no questions to ask. Several other witnesses were examined who beard d the screams of the little sufferer. • Mr. Hardy, surgeln—Saw the child ; it was in a dying stale when he arrived, and expired soon after-, wards. Mr. Hardy desesibed the appearance of the. child; had no doubt but the symptoms had been pm duced by corrosive poison ; has since examined the body of the child internally, and is decidedly of opinion that 'the child's death was-caused by poison. A conaidelable qu•ntity had been given it. The COltOlign having tead the evidence, and made some very judicious remark?, the Jury, without retiring, returned a verdict of " Wilful Murder" against Martin Slack, the reputed father of the child. The prisoner was only 17 years old on the day of the murder. He is both tall and stout for his years, and not ill-looking. puling the investigation he did not seem at alt moved, his conduct throughout exhibiting the greatest &moms a J self-possession. Sunday evening, about seven dclock, the dwelling hours of Mr. IL Pear°. Nu. 1, Granby terrace, Dept• lord, was entered by the street door by imam of a pick-lock key. The servant (a female), who was in the ruiner at the time, supposing it was her master who bad rimmed, went into the passage, and w•s instantly seised by one of the men, who wore a crape over his face, and forced into the back parlour, and confined there until e.ery door, drawer, box, and closet nn the first-Boor, and three• ►ed rooms, were broken with a crow-bar, , and property, consisting of plate aid clothes to a considerable amount, stolen. LAW IN fELISGENCE. • VICE-CHANCELLOR'S COURT, Nov. 26. WATSON AND OTHENS, IXECDTDDI 01 MIMS. 4041N0T " 106 3,114 Mitt OW wIMLINOTOW AND OTHIRS. ' This was an application for the payment of the sum of 44.2011. Os. 7J—into Court in this Calls!, being part of the Aare of the late Marquis of Hastings t► the Deccan prize money, and which the Duke of Welling ton and Mr. Arbuthnot, as the trustees of the prize money, admitted ts be in the hands of the East India Company, subject to their order, and the trustees were *Ming to act in regard thereto as the Court should direct. In . tl.e year 1810, the Marquis and Marchioness of Hastings, together with the late Mr. Ridge (their surety), lexecuted a bond to Mr. Sims to secure 4,9.0 L for money lent to the Martinis ; the bond was never paid. Orr the6th of February, 1826. after the Marqtris had, by his Majesty's warrant, become entitled to a share of the prise-money, the Marquis gave Mr. Allen (the solicitor for the executors of Mr. Sims) an order, written and signed by himself, for the payment of the bond and interest out of his share of the Deccan pi izo money ; but when the Money become payable, it sr pealed that the Marquis . of Hastings had previously granted mortgages on his own share, therefore it be came nrcessary to institute a suit to investigate the claim. The Court ordered the 44,2011. Os. 7d. to b • e, l paid in. COURT OF ICING'S BENCH, Wasernarres, Nov. 26. Lord TINTLIADIIN sat t Nisi Prius for about an hour tslis morning, and disposed of undefended cau,el. At eleven o'clock the names of the Jury were called over in the case of ROWE V. BRENTON The ATTORNEY Cimino'. then rose, and said he un• •der.tood that his Learned Friend Mr. Brougham ex pected that he (he Attorney General) should reply ' to . the plait:tiff, case heime he (Mr. Brougham) again addressed the Jury. If this case had been conducted as , cases ordinarly were, he should have had no objection' to wave his privilege, which, as Awn ney-General ap pearing on the part of the Crown in a trial at bar, he undoubtedly possessed; but as the cue had been et n ducted in a very unnsual manner, he Lsitted on .his privilege of baring the last reply. Mr. BROUGHAM was not aware that • the plaintiff': case had been conducted in an unusual manner, or that the Att.irney-General possesied say such privilege as that which he now claimed. Lord Tewraarria—ls there any. precedent on the' subject ? The ATTonnaz-Gettenal. was aware - of 'lone; but he appreben.ted the general r ule to be t in alt Calls !lime proceedings were carried on by the ClOllll, the King being a party on the record, or in Wills at bar, where the Crow n was interested in the proceedings, that the Attorney-General had the right of ultimate teply, whe ther he called witnesses for the defendant or not. Lord Tanteanin—The King cannot bea defendant in a civilaction ; but be has a tight to appear and claim a t sal at the bar in all cases alt re the interests r f the Crown ate concerned. Sir J. SCARLITT Observed, that in all Crown pose cutions in the Court i.f Exchequer, the Attorney-General was heard last in reply. Lord TENTERDEN—Ba in those cases the King is a party on the record. Sir J. Scattirri.—.The interest of tl e .0 own is the same in cases where the Attorney General appears to defend the interests of the public ; and in those cases be has the right of ultimate reply. . . The ATTORNEY GENERAL obs% tvel, that the trial at bar in the psese. t case had been granted on his state, mem that the interests of the Crown oft re involved in the pioceediogs, and that he was instructed to detour' the case on the part of the Crown; so that the King was the real dsf 'Wan in' this case. ihou,ll not a pasts on the record; and Cher fore he (the Artorrey•General)' insisted on his privilege of telly , after the plaintiff's Counsel had been heard. Lord TztrranDEN wished that the Au %rney•General had meotioned thapo nt last night, i 0 order t .et the Judges might have had air p itunity of consioesing it. Mr. BROUGHAM assured the Court th-t he fn .d been taken quite by surprise. Lord TESTEADEN tier conferring for a few minutes with the other Judge_) said, these being no instanse pointe I out to us i.n . which the Attorney. General has been allowed the last reply in a case like the present, we think the safer course will be to let this case proceed in the ordinary way. Tie ATTORNEY GENERAL then proceeded to reply to , he plaintiff's care. lie had thought it right to prefer his claim t-t be heard alter his Learned Friend had ad dressed them (the Jury) though there never r ass case in wt.ich it was less material for him to insist or. his pri• vilege than the present. He would cow call their at rei min to the real Eo nt in litigation in this case, a. d to the facts pro. ed on one tide and on the other ; ai d he would •do so with as much brevity and pet spicuity as be could, having to trayel through a mass of evi. dence which had been extended f om the time of Edw. I. to that of George 111. The plaintiff's rroposition was, that he, being the .possessor cf the surface of, the soil where the minerals in question had been dug up, hada right to.say to the lessees tinder the Crtorn" What yitu have dug beneath this surface belongs to me.' ►This, he believed. was 0e , plaintiff's propolition; though his case had been managed in such a man. Der, and his evidence kept back like "r deferred stock," as it was called in the city, .that until es terday it was vet y difficult to know nr conj , ctuie what his case really was. The proposition on the part of the Crown, however, was, that the minerals in qurstion having been dog op under a suited( ies of land called a conventionary tenement, the plaintiff, as the tenant. bad no right to any thing found beneath the surface. It was unnecessary for him (the Attorney General) to enter into a definition of the word " con• ventionary tenement;' it was sufficient for him to say, that the estate of which the plaintiff was possessed was' less than a freehold; and being so, the tenant Could claim nothing that was not incident to the tene ment, qua tenement, but must make out his right, :it he had any, by some external and extrinsic title. Me (the. Attorney General). had adduced evidence to show th.t the same identical tenement, called " Nan z Le Mellon," of which the plaintiff eras now in Ise s,es. don, constituting the locus it, quo in which the mine rah in question were taken—that that same tenement, by the same name and description, and the incidents, character. and qualities belonging to it, as recorded in the assessionrolls,.caption of seizin, and other ancient documeots,was, in the year 1774, surrendered to a `person of the name of Simmonds, who afterwards sus• rendered it to Mi. Joshua Rowe, and who had acknow ledged on the couri4oll that he took it at that time with all the incidents and qualities which belonged to it 500 years before. That was the case which he (the Attor ney General) had made out tin the part of the Clown. His Learned Friend bad, indeed, treated the assession foils as documents of little or no authority, as mere albums in a hich-sthe stewards 'wrote nonsense, like Ladies who, in those books, recorded the passing events • •• -•►t • . of the day—(Laughter). He saw by the countenindee of their Lordships that they Omagh' be was not treating ladieS' albums with Jr% respect, but— . Lord TaNTRRDIEN-.400E00p1e41 the Ladies and nons sense, Mr. Attorney. The ATTORNEY GINSitAt. begged pardon of the Ladies, and he would remind such i f them as did hies lire honour of attending the discus..Ns in this Mit that it frequently happened to lawyers iirthat Court as it did to Members of Parliament elsewhere, that they had cccasioa to apologise for unguarded expressions 'which were wed unintentionally in the heat of debits —(G.eacs laught r). He hoped that the Lord Chief Justice who had called him to order for his reflection an the ',idles would now be of opinion that he had made some atonemenkfor his unintentioned irregularity. He would now advert to the principal documentary evidence which he had adduced nn the put of the d* fendant; and he would first of all mention the Parka. nientary Survey; in which document it was sta eJ, " th it there ought to be kept it. the manors in tiue,tion an Assession Court every seven years, to which the tenants were bound to repti•, there to enter their claims. fake their tenements, and renew their holdings; nit that their old holdings sere to determine at the ex pit a. ion of , seven yt an, but because divers advantages did and• might accrue to the lord by the renewals."— This was the language as recorded in the Parliamentary Survey; and Simmonds, under shorn Mr. Joshua. Rune claimed, took the tenement in question subject to all the incidents as recorded in this ancient document. He took it, " to hold to him and his heirs from seven years to semen years. according to the custom of the manor."—.. The tenants undoubtedly had an indefeasible sight to tenew ; but their eight to senew from seven yeass to -even years did not give them leasehold estates. They took. nothing mote than a copybold or a leasehold est. te, sit!) a perpetual right e f renewal; and this was '•eilfdenced by the fact that ruin, heriots, and fines were payable, and also that the tenants were to perform ce tan services, and do fealty to the lord, and also to find pledges (suretiet) fur reparatie ns and pay ment of their rent. These were the incidents which belonged to this species of esttre several centuries ago, and they had .existed floor . theearliest times to t':e pie sitit'anoment. The p'atticular species of land which was called duchy or ,prince's land was well known in Cornwall, and was as easily distinguished from that which was called free'land as a field of nets was tbs.. tinguishable (torn a field of barley, in Herrfoidshire or any other county, or as ' Male was distinguishable from female; and it this case had been conducted as cases usually were, the defendant would never have been required to go back to such ancient documents as they had been obliged to produce, in older to pewee the particular descriptittn of land as belonging to the duchy. The plaintiff, if he had wished to conduct the case as it ought to have been conducted, is ould have admitted the existence of the Assession Court, and the peculiar nature of the to in duchy lands, and come at once to the questiot., whether the light to take minerals did or deaf ii t belong to the tenants holding duchy land ? He (the Attorney Genets]) had shown that the D..ke • f Cornwall had a right to take - toll . if tin; and with respect to copper, he had puled by the lease. which had been grante 1 tenni a viery.early period, that that mineral htd been taken and enjiyed . by persons di.tinct from those who occupied ihe.autfiee • f the land. It was a fact well known in .Cor - nwill, th st copper minerals. as well as dime r f tin, had been always claimed by : , the Crown. The cif- ' einiatance became n-torious so long age as the year f662 . ' when pi oceedings wese iestituted in the Conn of •ExCh•que'r ; and yet from that pet sod to the time when "Alf .Joshua Rowe set up his claim, no eersou had vec tored to come forward and li ;gate the question, which NO Dow been so long under discussion, at the instsnce of this same.nli. Itstime ltone. The public notoriety t.f t es e aim 1 f the Dike of Corneal! to the minerals 'in *testi n had not only produced nit litigant to cootest she question, but the tenants and minas of the land hsd, for a long series of years, coofirened the right of the Crown, by permitting its lessees to work the mines to a considerable exteht, and to put into their ewe pockets the valuable products. This they would not !lave "done had they not been fully satisfied that the Clown had the power of granting the leases. He (the Attorney General) did not deny the tight of any indi vidual to dispute a question like this with the Crown; rut under ciecumstatices like the Nascent, the person sho Jid so was not, lie though., de ening i f much commi seration. The proceedings in the Coon of Etchaquer had been followed up by a reef Leek of leases of the corperin nerals granted by the Crown, ard the:lessees had uninter iterated eojoy ment undo, them fir a long lilies of year.; but supposing there had been no evidence 4 ' such leases, could it be peesumed that the Crown,heing •entitled to the mines of ten, iron. lead, and mat ganese, the tenants had a right to copper ? Could it be sup posed that though the tenant had not the power • f taking so much tin es would make him a tea knelt or a pepper castor, that he was nevertheless entitled to copper,' and that the Chown,, hough entitled to tin, iron, lead, and other minerals, had no right to take cop per ? '• He had heard lawyers talk of string and violet:t presump4ons. Lord C site himself had alluded tsi them ; but that the Crown, who was entitled to all other mi neral!, had no right to the mineral of copper, was not only•the most strong and.violeat, but the most tempes tuous piesamption which he, or he believed any other lawyer, - - hid ever heard of. The Learned Geuelesnan concluded by averting, that all the pro f both of title and usage was on tie pan i f the Center, and etpeeswd his . (spinier, that in this unilateral state of the evidence the' Jury could - not do otherwise than morn a, verdict for the Crows., • Mr. BacieMiam then proceeded to address the Jury. He commenced by congratulating them on the circum stance that they had at last reached, or were near reaching, the termination of a trial which had occupied so mtlikof their time, which was unrivalled in dulness, and exceeded in length only by its extreme iinvortance to the parties, and by the magnitude of the interests which it involved. He was aware that lie laboured un der some disadvantage in addressing them after his Learned Feiend had for so many days had undisputed possession of the field. • His Learned Friend had.prost dated masses--mountains of documents, into which he had •sunk his shaft, and with the assistance of the able mining Captains by who m he was surrounded, had brought up considerable quan a ti ve ties as pf sayed lnat a t n er d , which it was 'now tietime to have weighed, in order that the dross might be separated from the yure metal ; in the prosecutioa e f which task,. he (Mr. Brougham) proffered his humble aid. The 'luau n to be decided was, " who had a right to the minerals contained in th e e s t a t e i n quest i on ?" • His Learned Friend had attempted toshowihat the tenants had notthe right, because they did not hold that kind of interest to which the law annexed the enjoyment of property under ground. It would be his (,Mr. I3.'s) duty, on the other hand, ti entfeavour to satisfy the Jury that, from the evidence in the cause, there were clear and unequivocal indications of thetenants possess ing that kind of interest in the sail which his Learned • ' • pi I'll