Star. — London, England, 1825-01-22 00:00:00

LAW . REPORt COURT OF CHANCERY, JANUARY M. There was a long list of judgments to be given, cause petitions, and :natters of lunacy in the paper, but nothing was disposed of. COURT OF RING'S RENCII, JANUARY 41. Mr. Justice LITTLEDALE sat for the Lard Chief Justice. The cues of "The National Bank of St. Charles v. Bernales," and " Mackenzie v. Layard," were passed over by desire of the Learned Judge, who having been consulted upon them when at the bar, declined to try them. In the first case. both parties expressed their , wish that the Learned Judge would ware his scruple; but he declined to do so, and the cases stood over. HOOD AND ANOTHIN v. TREAD. This was an action of trover by the assignees of Mr. Kelly, a bankrupt, to recover the value of certain silks, and warrants for the delivery of silk at the India House, alleged to have been placed in the defendant's hands, in immediate contemplation of bankruptcy. The plaintiffs alleged three distinct causes of action— the conversion of thirteen bales of silk; of warrants for the delivery of fourteen bales ; and of warrants for the delivery of sixteen bales of the same ar tide. They failed, however, as to the two last : for one parcel of warrants was not traced to the defendant's hands, and the other parcel was of no value, being forfeited by reason of the neglect to make good lte deposits in time : their case, therefore, was ultimately confined to the thirteen bales actually traced to the defendant's possession. It ap peared that Mr. Kelly was nephew to the defendant, who had been a ship-broker, and lived in retirement at Blackheath. In August lastoMr. Kelly absconded, con siderably in debt, and, not returning, wqs in his ab sence declared a bankrupt. About a week before his departure, he rose at six o'clock, and, having sent his servant out of the way, dispatched a cart with thirteen packages of silk to the defendant's house. After he was gone, Mr. Treak observed to one of Kelly's men, named Gadsby, 14 that his master must be mad, for he had sent him silk in the cart ;" and, on its being proposed to place it in a dry room, said he would take care of it. The plaintiff) therefore contended, that the silk was de livered to the defendant in contemplation of bankruptcy, s and consequently belonged to his assignees. On the part of the defendant, it was contended that the silk was bona fide sold and paid for; and to sup port this Cale, bills of parcels and a receipt were pro duced, importing that silks had been sold and paid for at the latter end of May. The daughter of Mr. Kelly also proved that her uncle made repeated advances to her father, and that silks were delivered to him on the 6 t h of June. The ATTORWZY•GENIMAL, in reply, urged that it was clear these bills of parcels referred to other trans actions, as the dates did not correspond, and the quan tities were not nearly equal to the contents of thirteen bales of silk. Mr. Justice LITTLEDALZ left the Jury to decide whether the thirteen bdes of silk in question were really sold and paid for, or were delivered in contemplation of an act of bankruptcy, in order to secure the defend ant. to the injury of other creditors? The Jury, after a short consultation, said, they found for the plaintiffs, but had no evidence before them to enable them to ascertain the value of the silk. A witness was tailed back, for the purpose of fixing the quantity; when it appeared, that though the term " bales" had been used by the Witnesses, they did not mean to employ it technically, as denoting a certain quantity, but merely as signifying packages. Mr. MAARIATT acid Mr. CAMPBELL, for the de fendant, then urged that the case bad not been rightly understood, and that the discovery now made went not only to the amount, but to the verdict ; because the observation that the bills of parcels were insufficient to cover thirteen bales, would not vply, if bales only ; meant packages. A long and desultory argument ensued, in which the merits of the case were fully discussed again, and in which Mr. SCARLETT I who was with the Attorney-Ge neral, took a prominent part. After nearly an hour spent in the argument, amidst great noise and con fusion, the Learned Jude, by consent of the plaintiffs, submitted the case again to the Jury. The Jury again found for the plaintiffs, and the amount of dimages was referred to Mr. Child, one of the special Jurors. ARMIES COURT, JANUARY st. THE OFFICE OF JUDGE PROMOTED PT MONTAGUE RUR• GOYNR,ESQ. AGAINST TUE REV. DR. FREE. This was a suit instituted by Montague Burgoyn e , Esq. against the Rev. Dr. Free, Rector of Sutton, at Bedford, within the Diocese of Lincoln and Province of Canterbury, calling on him to answer to certain articles ana interrogatories, which charged him with fornica tion, incontinence, indecent conduct, drunkenness, casing and swearing, neglest of Divine Service, and also with converting to his own use the lead over the chancel of the Church, refusing the use of the Church for the performance of the baptismal and burial services,' and with various other acts. The Proctor for Dr. Free prayed that the Court would be pleased to allow the case to stand over until The next Court-day, in order that Dr. Batton, the Vicar- Ceneral, and official principal of the Diocese of Litch field, might be allowed to have the opportunity of tendering a protest against the jurisdiction of this Court. Sir JOHN NICHOL said, he was willing to allow the case to stand over, provided that both parties assented. Dr.I.IISIIINGTON opposed any delay. . Sir JOHN Nicnor. said, the Court would certainly not wait for Dr. Batten, unless it was agreeable to all parties. He wished to know if any practitioner of the Court could recollect an instance of a Chancellor of a Diocese interfering in this way?—Several Counsel said, they never beard of such a circumstance. Dr. JEsse AnAms was heard on behalf of Dr. Flee, and contended that the party complained against was not compelled to give any appearance to the citation. the case came on by letters of request, signed by Richard Smith, M.A. Commissary of the Archdeacon of Bedford ; and the Learned Counsel said, the question, which *rose was, whether the litters of request should lie in the Court of Arches, or in the Diocesan Court? The letters of request should have been assigned to the Chancellor of Lincoln, and not to this Court. By' the Canon Law there was no doubt an appeal lay from the tommissuri of the Archdeacon of Lincoln to the Chan cellor of Lincoln, but not to this Court. The Learned Counsel cited several portions of the Canon Law in sup port of his argument. ' Drs. Lusniscrow and Swaaar spoke in support of the argument. Sir Jolts NICII9I. overruled the protest, and sniped the party to 4 PPear absolutely. HIGII COURT OF ADMIRALTY, lAN. at. JUDGMENT—THU ZODIAC: Lord Sutras. said, this case came on hit Ten; •when he referred it to the Registrar anti merchant: to report thereon. They had made their Report, and he (Lord &swell) hoped it would not be considered a departure from the general rule if he dissented - from them in some particular circumstances. The case was relative to a bond of bottomry. This description of bond was sometimes occasioned from absolute necessity, particularly in foreign countries, where repairs are done to ships, and bonds are given, which constitute a lien on the vessel; In former times, bottomry bonds were considered as a lien on the ships until the time of Charles the Second, when- the lien ceased. In foreign ports, however, it is at times necessary to resort to this sort of contract, and in such cases bottomry bonds have always been held sacred. The present case was one which contained some peculiar circumstances, and al though his Lordship had examined the ancient and modern writers on maritime law, he had not been able to find one that bore on the present question. The Court had always been extremely cautious and tender in meddling with these contracts, but it was necessary to look carefully into them in order to see that no advantage is taken of the distress under which the vessel may labour ; generally speaking, however, they are contracts in which both parties agree at the time of lexecution, and therefore, unless the contract be im peached the Court would not interfere. This case was 1 1 said to be distinguished by specialty or circumstances; one of, which was for the services of a Consul. His Lordship did not recollect such an item occurring in a bottomry bond before, but he was not prepared to iay that it might not very properly occur. The circum stances of tire case were these :—The Zodiac saile.i from Bristol in 1822, or 1823,with a cargo for Buston,United States, and during her voyage she met with misadven tures, one of which Wits of a very grievous natuie—ahe death of the Captain, who was also the owner. He was of course succeeded by the mate, the Captain's natural successor, a person, in many respects, extremely unfit for his situation, as he himself acknowledged, for he ex pressed his wish to return to his more humble station of mate. The cargo was consigned to Mr. Winslow, a merchant of Boston, who received the cargo and paid the freight, but declined having anything to, do with the concerns of the vessel. The Consul was applied to, and he undertook the charge of Fier, which he dis• charged very sedulously. He got another freight for her to New Brunswick, and proceeded in he: 'lonia. His exertions were testified by the Aktorney-Genetal of Sc. John's, New Brunswick, as well as by associated merchants, who exercised an impartial judgment on the Consul's merits. The ship at length returned to Eng land. That the Ctmkul was, therefore, entitled to re muneration, could not be doubted ; but the quantum was objected to by one of the parties in the cause. The amount charged was 5 per cent, and it was charged on two grounes: one by a paper called a tariff, which authorises a charge of 5 per cent. for the care of an in testate British subject's effects. What the authority of this tariff was did not appear, nor whether it had been acknowledged by any competent authority at home. There was, however, no intestacy proved, and whether the deceased Captain made a will or not, was not known, therefore the charge on the intestate person's effects could not stand, and consequently the matter of the tariff did not apply to the case. The other ground was, that five percent. was the common mercantile premium for services of this nature done by merchants. Now, that sum may or may not be a proper sum for the services of the Consul, but it was certainly a very disproportionate rate generally, because there might be but slight trouble regarding property of great value, or considerable trouble with property of small value; there fore the five per cent. would be too much in one case, and not sufficient in the other. tremble at the idea," said his Lordship, 44 of making five percent. the stand ard sum on property of every value." Now, the only question was, what ought the Consul to have for his services? It appeared that an old paper was found in the ship, which stated that her value was 4,0001. On what opinion that value was fixed, his Lordship did not know, but it also appeared that she had been purchased by the deceased Captaiu at 1,800/. and since then she had been sold for 2,5261. at long bills, which would bring her under the value of 15001. so that how she should be worth 4,0001. in the intermediate time, nothing was known, and yet the per centage had been charged on that sum. His Lordship's opinion was, that she was not worth above 2,0001. at the time alluded to. The per centage on the value was pot a proper way of remunerating a public officer, yet the Registrar and merchants had so fixed it—His Lordship, after some further observations, confirmed the validity of the bot tomry bond, but limited the remuneration of the Con sul to 1001. UMVERSIT Fond CLERICAL INTELLIGENCE. -ow- CAMBRIDGE, JANUARY 21. The Muter and Fellows of Feterhouse have recently augmented the patronage of their College, by founding two Fellowships and Tour Scholarships, the stipends of which are to be paid from the proceeds of the very liberal donation of the Rev. Francis Gisborue, bI.A. formerly Fellow of that Society. The Fellows and Scholars on this now foundation are to,bear the name of the donor. The Rev. John W. Hubbersty, M.A. and the Rev. Jo n Sandys, B. A. of Queen's College, were on Friday last elected Fellows of that Society ; and at the same time a petition was ordered to be presented to the King for a dispensation to qualify the Rev. Thos. Cloves, B.A. to hold a Fellowship of the same Society. The following is a Summary of the Members of all the Colleges, In 1824; Trinity College, 1,429; Sc. John's College, 1,015; Queen's College, 228 ; Emmanuel College, 218 ; Christ's College, 230; Jesus College, 204; C.alus College, 201 ; St. Peter's College, 169; Clare Hall, Ib9 ; Trinity Hall, 135; Corpus Christi Ciffiege, 130 ; Pembroke Hall, 145; Catherine Hall, 118; King's College, 108; Sidney College, 101 ; Magdalen College, 95 ; Downing College, 53 ; University Officers, 11.—Total 4,489. Comma/awe Vsaw.—ln 1748, 1,500; in 1813, 2,805; in 1823, , 4,477; 111 1824, 4,489 Thursday kOnnlght, thePresbit;;;; -- ofliciinburgh met in the New, Church, Bellevue Crescent, Edinburgh, and inducted the Rev. Henry Grey into the pastoral duties of that church and parish. Lord Douglas has presented Mr. John Alton, preacher, 20 the church and parish of Dolphington, in the Presbytery of Biggar, vacant by the death of the Rev. Mr. Russell. A dispensation has passed the Great Seal to enable the Rev. W. Hardwicke, M.A. Chaplain to the Right Hon. Lord Goydrrs to hold the Vicarage of Lentos), alias Irvington, in the County of Lincoln with the Rectory of Outweil, in the County of Norfolk. The Rev. L P. Baker, B.D. Vicar of Impington and Fellow of St% John's College, Cantbridge; has been presented, by the Master and Fellows of that Society, to the Rectory of Medboum-cum- Holt, in the county of Leicester, vacated by the death of the Rev. W. Williams. The Rev. AdolphOs tropitins, B.A. has been instituted to the Vicarage of Cknt, with the Chapel of Rowley Regis annexed, in the county of Stafford, and diocese of Worcester, on the presenta tion of the King. The Rev. Joseph Amplilett, M.A. Perpetual Curate of Wytball, and Curate of Kinsnortoo, Worcestershire, has been appointed a Surrogate for the granting of marriage licenses within the diocese of Worcester. Saturday last, John Mitchell Chapman, B.A. of Exeter . College, was elected Felow of BMA College, Oxfisrd. Miff. C 4 MAL. ..M., Mb 11051 THI DHRCHZSTZI JOHRHAL. In addition to those communications which AI be found in the other columns of this day's Journal. bo the subject, of the proposed Ship Canal, designed to connect the &isle! and the English Channels, and thus to save the incalculable waste of time, labour, and money, oc casioned by the tedious passage around the Land's End, we have learnt the important fact--.-that all the capital necessary to complete this great undertaking has been already subscribed, and that the shares are now selling at a premium of no less than eight per cent. That those Gentlemen who may have estates on the line of the Canal which will be cut through, and those others who have established mercantile connexions which may for a time be distui bed by the opening of new commu nications from port to port, and town to town—that these and such like persons should feel alive to their own interests, and that they should be jealous of those changes which may affect, as they imagine injuriously, their real or anticipated property, is not by any means surprising ; nor do we think that they can be blamed for meeting together and conferring on the best means of preserving and promoting their interests. They have not only a right so to do, but to record and to publish those resolutions which express their deliberate, - and, without doubt, honestly entertained, opinions, on this or any other subject of private or public moment. The degree of importance which will be attached to their opinions, and the influence their printed resolutions may have on the public mind, must however, depend, of course on their numbers, and reputation for wisdom, knowledge, and public spirit. The Chairman of the late meeting of the landowners of the West of England, held at Axminster, consisting, as we are told, of less than a score persons, two-thirds of whom were not land owners, is undoubtedly a' man of intelligence, expe rience, and good intentions; and, for aught we know, the same observation will apply to the gallant Knight and the distinguished. Merchant whose names stand affixed to the resolutions. But it by no means follows that they even approve of the resolutions themselves. It was the duty of the Chairman to sign the resolutions of the majority, and the accustomed courtesy would, no doubt, be justly paid to him for his conduct in the chair. Who it is, then, that has undertaken the task of " disabusing" the public mind, and chasing away all the delusions which that hitherto respectable and emi nent man, Mr. Telford, assisted by Mr. Green, and that experienced sailor, whom one of the East India Di rectors has ventured to recommend to the public notice as " a man of high honour, excellent talent, and per- fectly master of his profession"—does not yet appear. The very luminous and able reports of those Gentlemen are, however, before the Public, with their names at cached to them ; they have been adopted and recom mended by a Committee, many of whom have devoted 4 considerable portion of their lives to the examination of the subject, as one big with important results to their country, and they are now aided by other men of known ability and practical knowledge, each one of whom has a character for wisdom and integrity to maintain or to lose. If these Gentlemen have allowed themselves to be deceived, they are indeed unworthy of the public confidence; and if they have conspired together to cheat the capitalists, tomb the landowners, to injure the farmers, and to delude the whole Public, they deserve execration and infamy. Out of this whole body of conspirators, there is only one whom we ever saw before the public meeting in London ; we can have neither partiality, prejudice, nor personal interest in the affair, distinct from that of the community; it is as public men only, combining their energies to effect a public object, in an open, business-like, and public spi rited manner, that we have watched their proceedings s' and when some abler man than Mr. Telford, some more practised man than Mr. Green, some more experienced man than Captain Nicholls, some more devoted and respectable men than the Committee, some men of nicer discrimination and sounder sense than the English capitalists, who have agreed to risk upon the measure a million and three-quarters of money—acting in an equally frank and candid manner—shall, by their coat bined science and energies, prove that this is a wild ) de lusive, visionary, impracticable scheme, as well as assert it—we will then lend these latter men cur feeble aid, and help to fix on their brows the laurels which they will have won. At present, we have seen nothing like this.we have heard of no objections to the measure, but those pre sented by comparatively petty and private interests, and, from what we know of those persons whose names have been mentioned to us as the small minority who are opposed to it, we can come only to one conclusion at present, via. that they bayonet brougha the whole fcrce of their minds, and the whole weight of their public spirit, to bear upon this object. That the high-minded and reflecting landowners on the line of Canal will allow themselves to be frightened from a measure which pro mises to render the West of England as populous, as wealthy, and as celebrated as the North has been ren dered by similar means—in the absence of that distinct, clear, and adequate proof of its impracticability which ought to have been produced long ago, and would, as we think, have been forthcoming now, if it could have been found—that the landowners will allow themselves to be so deluded cannot for a single moment be apprehended. —To suppose it possible, would be to offer an insult to the understandings of the Aristocracy of the country. So far as - the great body of the Public are concerned, there can be but one interest, as we have found that, there is but one feeling. The interest is, to get salt, coals, and other articles of necessity and comfort, as cheap as possible, and to have the burden of poors' rate removed, and the people at the same time putjnto condition in which they may become purchasers, by the creation of an increased demand for labour, and the direct consequence of that demand, a better price being' paid for it. The people have too much sense, and are too well instructed, not to know that an expenditore of capital to the extent subscribed, will, in itself, diffuse life and energy through the whole of the West, and produce a general benefit, compared to which all the land required, even if it could be destroyed (and, in fact, it can only be changed, and rendered more benefi cial), is as a drop of water to the ocean. The feeling of the country is this--that if any means can be devised, whereby the immense sacrifice of human life, which has been the result of past supineness on the one hand, and the predominance of petty personal in tea ested incitements to opposition on the other, for years past, can be put ,an end to, those means should be ap plied without a moment's unnecessary delay, and if a call were made on the cotintry to raise the capital on the score of humanity and the naticnal chat acter without any prospect of pecuniary return, we should feel deeply for the honour of our country if every shilling could net be raised as soon as ova the appeal was made and i icalostlMOlMP 'r^ Nom.. * O ll . l l. heart Open the most moderate calculation, IVfflio two thousand brave seamen /have been unnecessarily sacrificed within the last thirty years, and if there could be found a man, or a ,ley of men, who would be willing to take upon themselves the responsibility of retarding this great work of prevention, even for an other year, in order to preserve their 'estate. or their gardens entire, why all we could say to them would be, " Take the thought and cherish it—there is Osa above who cares for the lives of hii . creatures ; he speaks,in the hollow wind—and the howling tempest—and the deco. .lacing storm—and he may, ere long, be heard to say to you, The voiee of th 9 brother's blood crieth unto me. PUBLIC SALES. -7...--- MR. WILLOCK. A Leasehold House, situate No. 160, New Bond-street, late do Baoking•house of Messrs. Chambers and Son, t ontainintnine bed. rooms, with closets and eh easing-rooms • two drfwing-rooms, a boudoir and waiting room, a s pa c i ous l ofty dining or banqueting room, the walls, ceiling, and sides of which are paintedin stucco, in the manner of the ancients, with por\raits and allegorical subjects, copied by eminent artists from originals found at Herculaneum; a store room adjoining, offices for the banking !manes& with private and fire-proof rooms, servants' hall, kitchen, pantry, larder, scullery, vaults, cellarage, and a large garden, a double coach.htmae, and six- stall stable, opening to the mews behind; the premises held on lease from the City of London, for forty-three years from lady day, 1821, at a ground-rent of £29. Is. 10d. per annum, renewable every fourtema years. from Lady-day, 1824, for ever, at the same rent, en payment of a fine of A'S ground-rent on each renewal: The purchaser to have possession on completing the purchase, fix tures to be taken at a valuation. This let, which excited much in terest, was knocked down at the sum of £lO,OOO. tendering a pri Sir JOHN N case to stand Dr. LIISRINI Sir Jour, N wait for Dr. 131 • He wished to could recollec' ►nterfering in never heard of Dr. JESSE and contended not compelled the case can Richard Smit of Bedford ; at which *rose w lie in the Con The letters of Chancellor of Canon Law ti (ommissari tenor of Lino Counsel cited port of his at/ Drs. Lamm Si Je►t►r NICH • 213$011HCII HIGUI Lord St WINSTANLEY AND SONS. A Mortgage Debt due to James Wildman, a bankrupt, on the mortgage made on the plantation and estate c alled Pinder s Valley, situate in the parish of Clarendon, in Jamaica, in the year 1795, and afterwards assigned, by way of mortgage, to Messrs. Rowland and Mitchell, which, by an account made up to the &hot' January, 1821, amounted to i'7620 21. 2d. bearing interest at sia per cent. and the right and interest of the mortgagee in the said estate ; the whole of the above sum still, together with a sum of £lBOO which has since accrued, due to Messrs. Mitchell, for supplies to the estate, the produce of which has been about 70 hogsheads of sugar, and a proportionate quantity of rum. There are necessary imple ments on the estate for taking off and manufacturing the crops, and 101 Negroes—This Lot sold for 25000. A Gang of 53 Slaves 'narked upon the estate mentioned In the last lot, and were also assigned by mostgage-61500. Another Debt, amounting to 561790 19s. Id. bearing interest at six per cent. made on the plantation and estate c3lled Sunning 11111, Jamaica, and containing, by estimation, 1274 acres of land, with all the necessary implements and buildings for the crops, and ninety three Negroes--2300. The Plantation, or Sugar Estate, called Shenton, in the parish of St. Thomas-in-the. Vale, Jamaica, containing 1061 acres, with all the utensils and buildings for cultivating and manufactuting the crops ; the estate producing, for the last four years, upon an average, tl4 hogsheads of sugar, and a proportionate quantity of rum : the Negroes are 156 in number, and the live stock consists of about 126 head; the whole subject to an annuity of £BOO per annum, during the life of a Lady supposed to be 70 years of age, and in respect of Which annuity £l,lOO is now due for arrears—E7,oooa A Debt of seB,ooo bearing interest at 6 per cent. charged an the estate called Craig's Mill, St. George's Parish, Jamaica, subject to an annuity of 1.501.—X4000. A Gang of 57 Slaves, worked upon an estate called Esher; St. Mary's Parish, Jamaica—E2soo. A Mortgage Debt, amounting te Amu 90001. bearing interest at 6 per cent. made of the plantation and estates, called Stoney Mafi a and Deodand, situate in St. George's, Island of Nevis, together With other pieces of land, making altogether about 697 acres, with implements and 190 negroes, for manufacturing and cultivating crops--.X5000. A Debt Jr about £15,000 due upon open account by Henry Rawlins and W. W. Wilkes, the mortgagees of the said pl.mtatims and premises, comprised in the preceding lot, to the bankrupt £l,ooo. The upper part of the steeple of St. Bride's, taken doivn some years since on its being lowered, is corn. mendably preserved entire on the premises of a mason in Old-street-road, near St. Agnes le Clare. - Tuesday last a very remarkable circumstance took place on the High-street of Brechia. As Captain ALIXANDRR THOMPAM, of his Majesty's 46th regiment, was in conversation with a Gentleman on some business, an infuriated cow came running behind him, and placing one of her horns between his legs, threw him ten or twelve feet from the ground. In consequence of the fall he was slightly wounded, and had one of his arms bruised. Friday se'nnight, a beat, containing the dead body of a man, was drifted on shore at Broughty Ferry. It was soon discovered that the unfortunate sufferer was a sea man, a young man of the name of ROY, belonging to Dundee. This melancholy event seems to have ori ginated in drink. He, with a companion, had gone down the river in a boat, along with a vessel which sailed on Thursday ; they were both intoxicated, and on their return the latter, on coming on shore, had left his unfortunate companion in the boat, which had drifted away, at the mercy of wind and tide ; the poor tuan being unable to contend with his fate, had led to the above catastrophe ; Coitonsft's Ivouler..Thursday evening, at nine' o'clock, an Inquest was held at the Half Moon, Clip stone-street, Mary-la-bonne, before T. STIRLING, Esq. Coroner, on the body of Madame Bighicheff, a Si berian Lady, known to many foreigners of distinction in this country. The deceased has been some years in this country, and had first come here attached to one of the Russian Embassies, and was allowed by a No. bleman of distinction of that country, for some years, 121. per month ; but owing to some bad conduct of her own, that was reduced to IL per month, which she had up to the time of her death. The following was the evidence given t—Mrs. Mary Anne Wells, landlady of the Half Moon, • stated, that she knew the deceased many years, and saw her for the last time alive, about half-past eight o'clock on Tuesday evening. The de ceased held apartments in witness's house, and enjoyed good health, and appeared between fifty and sixty years of age; the witness served her with a pint of por. ter, and one glass of peppermint. At about half-past eleven o'clock, the witness was going up stairs to bed, 'and as she passed the bed-room of the deceased, she was assailed by a strong foetid smell, and immediately `bunt open the door, when a volume of smoke and flame burst forth so rapidly, that the was obliged to run down stairs to save 'herself ; she gave the alarm, and her husband ran up, and succeeded in extinguishing the flames, but the deceased was bprnt to a cinder. The deceased had a monthly income, and always paid her bills _regularly. The witness believed the deceased got inebriated in her room; she asked for a bottle of wine, but was refined; however, a bottle with some Wine was found in her room, which she had bought, but had not pa id f or , i n t h e neighbourhood. The deceased was habitually inclined to intoxication. The bed and bed ding were partly consumed. Mr. Wells, husband of this witness confirmed her testimony In its material s parts, and the Jury found the following ve r di ct:- - ra The deceased was accidentallyr, l th ut a it t e . d to death while in a t u w a as id of Dr. p state of intoxication." It as a ma who hawks follows his sport—at straight forward, looking only ui - less tats yhat difficultie s t h e chase mu li hat he followed trills sport—at full speed, ipwards, and. tart& um leadiaidu - 'l4.