The Sun. — London, England, 1859-01-20 00:00:00

AUSTRIAN ITALY. In all the discussions which the late Continental crisis has provoked it is taken for granted that the Austrian provinces are on the point of revolt, and that this magazine of Italian discontent may be expected at any moment to explode. Both the French Emperor and the King of Sardinia have presumed the world to be convinced of this great fact. Victor Emmanuel, speaking under: the censor ship of Napoleon, is not insensible to the " anguish of Italy," and the warlike journals of Paris and Turin are full of the defiance which the people of Milan are hurling at their oppressors. But observers on the spot, and notably the correspondent whose able letter we print to-dav, can see no signs of this approaching outbreak. The Milanese in 1859 are pretty much what they have been any time during the last ten years —very full of murmurs and sneers against the Austrian rule, very skilful in putting petty slights on the Austrian authorities, and not careful to confine the war to the sterner sex, great in deserting opera boxes when an archduke happens to be present, or affecting to be engaged earnestly in conversation when an Austrian lady might claim a recognition of her presence. They know how to wear a hat seditiously, show aspirations for liberty by the tie of a cravat, or express their views of an Italian by puffing only Piedmontese cigars. But this is all, and it is nothing more than they did last year, and will probably do for many a year longer. Any appearance of a meditated rebellion does not exist. A placard may be posted up d ur i ng the night by a man who runs off immediately, or a patriotic cry may be uttered when there are only Italians to hear it; but that there has been any braving of the Austrian power, any menace of popular rising, any refusal of obedience to the police or the taxgatherer, is the grossest misrepresentation. Whether volun tarily or not, the French and their ally have imposed on the credulity of Europe; but how the Sardinian monarch, who must remember the events of 1848, can believe in a popular insurrection in Lombardy, passes conception. The people are no better or braver than ten years since,a nd theyare more compl e t e l y h eld down by the Austrian army. Since the campaign, of Novara. the Austrian army has been vastly im proved, a more rigid discipline has been introduced, a grand system of fortifications completed, and the chief cities placed at the mercy of strong citadels or military posts. Then, railways have extended themselves from the heart of the monarchy . to Milan, so that; as we have seen, enormous reinforce ments can be thrown into Italy within a fewdays. Austria, intrenched in positions long since chosen and strengthened, could bid defiance t 9 a far superior invading force of regular troops, while ii is most certain that a popular rising would be put down in 48 hours. All this we cannot doubt that the Sardinians, from thei r cons t an t i n t ercourse w ith the Austiian provinces, feel more keenly than the French ; and it is not surprising to find that they have always looked on a French intervention as the first step in any effective movement. While loudly proclaiming the imminence of a rebellion, the Turin papers have always avoided counselling a war unsupported by a forei gn P ower. Although it is possible that France was a believer in the Milanese rising, we must acquit Sardinia of any such delusion. The strong pressure put on the French Govern ment has accordingly removed all danger of a dis turbance. Leave the Sardinians and • Lombards alone, and there is not likely to be a breach of the Pe' ace Like Lord Ch a th am an d Sir Richard straehan at Walcheren, they will stand with sabres drawn waiting for each .other. The Sardinians will cross the frontier when the Lombards rise, and the Lombards will , rise when they behold the Sardinian bayonets on their soil. We do not blame DUBLIN, WEDNESDAY MORNING. THE UNIVERSITY ELECTION. Mr. Whiteside's farewell address to his Ennis killen constituents is published this morning. The Rev. Professor Lloyd, one of the Senior Fellows of . the University, in a complimentary note to the Attorney-General, says that by his (Mr. Whiteside) consenting to stand for the college his election " would not only confer on the University a repre- sentative altogether worthy of her, but also deliver her from the agitation and unseemly turmoil which too often attend contested elections"—(Trinity Col lege more especially). Mr. Whiteside, of course, yields a willing assent, and Dr. Gayer being also in the yielding mood, waves his claims for the present, and so ends the whole affair. THE IRISH LANDLORD DEMONSTRATION. The following is a copy of the characteristic reply of Mr. Bernal Osborne to the invitation to join the landlord congress on the 27th inst., a passage from which was published in. The Sun of yesterday : " Newtown Anner, Clonmel, County Tipperary, January 17. " Sir, —I have received this day a printed circu lar, dated January 12th, inviting my attendance in Dublin on the 27th inst., to a 'Meeting of the nobility, gentry, and others interested in the peace arid prosperity of Ireland,' together with an enclo sure containing ten resolutions, or propositions, to bd submitted by the provisional committee for the consideration of the meeting. In the absence of any information as to the construction of this committee, the names of the two honorary secre taries being alone attached to the circular, it is ma terial the public should be informed whether any noblemen or gentlemen connected with the south or west of Ireland has been consulted as to the correct ness of the facts assumed in these extraordinary propositions ? How far is it true that the 'Riband system' has been recently revived,' and is the law really inefficient for the protection 'of life and pro perty ?' A resident in the south of Ireland, I ven ture to question the grounds on which such views are entertained, while altogether denying that the law as at present administered needs any amend ment, so as to render it more effective for the security of landlords who wish to improve their estates,' &c. " Whatever may be the state of the counties of Down and Donegal, there is no sufficient evidence of ' the revival of Riband societies' in this country is general. No one acquainted with Ireland will confound the Republican aspirations of the so-called Pheenix Clubs with the revival of Riband socie ties and agrarian outrage.' Unfortunately for the credit of the provisional committee, there never was a period when the county of Tipperary was so free from the illegal combinations' :mentioned in reso lution No. 1. Mr. Sergeant Howley, who, from his ability and long experience of 23 years as assistant-barrister and chairman of this county, is looked up to and respected by men of all sects and parties, lately congratulated the grand jury at Cashel on the very tranquil and orderly state of the country ;' he added, I quote his own words-- It is most satisfactory to find there is a growing disposition to show obedience to the laws, and re frain from acts of violence. In past times, year after year, when the calendar was laid before the Court; there were between 300 and 400 indict ments at a single session ; at present there are only 25 cases for trial—a very extraordinary dif ference ; there is not a single symptom of any one being misled, or any person entering into ' illegal Combinations !' Nor is this freedom from crime confined to the county Tipperary; the adjoining counties of Waterford and Cork enjoy the some advantages. The provisional committee, how ever, not content with suggesting measures alike unnecessary and unconstitutional to the Govern ment, propose to submit a resolution, No. 2. thereby offering a gratuitous affront to the middle-class population of the towns. In No. 2 it is seriously proposed altogether to set aside the present lists from which jurors are drawn, and to enact a 'higher standard of jurors' qualification,' as if the small shopkeepers, publicans, and others were not equally interested in the peace and prosperity of Ireland' with the nobility, gentry, and others' who are solicited to assemble in Dublin. Before submitting No. 2 for consideration it would be well if the committee were to name precise oases where a jury has refused to convict a criminal in the teeth of conclusive evidence. It will be time enough to dis cuss the suggestions contained in Nos. 6,7, and 8, when they are adopted by the Government. One word as to the resolution No. 9. The necessity of improving the social co n diti on an d h a bi ts of the humbler classes' is a subject on which all are agreed, but an improvement of the dwellings of the labour ing population' is more likely to be advanced by individual action on the part of the landed pro prietors in their respective counties than by moving vague resolutions in the metropolis. In this mixing up suggestions of coercive restrictions with nostrums of social improvement, ' landed proprietors will themselves counteract every effort towards ame lioration.' For these reasons, and because I am strongly impressed with the conviction that at exclusive meeting of the nobility and gentry, &c.. will not conduce to ' the peace . and prosperity ol Ireland,' I must most respectfully decline to attend the meeting in the Rotunda of Dublin on the 27th inst.—l have the honour to be, sir, your mo s t obe dient servant, " B. OSBORNE. " J. Overend, Esq." TUE DEAN-STREET TRAGEDY. Black, the murderer of his wife, is said to be in a very precarious state of health since his committal to prison. At times he raves fearfully, and his recovery is regarded as problematical. his pretty generally reported that jealousy laid the foundation of the fearful crime which has jeopardised his life. The unhappy wife, unfortunately for herself, was remarkably handsome, and in his drunken savage ness the husband frequently taxed h tl er—Uni US y, it is believed,—with levity of conduct. either party ; men are not bonnd to rush into a conflict where overthrow and ruin are certain, and the Sardinians, at least, have given sufficient proof that they are worthy enemies on a field or battle. But we trust that this fall of vaulting ambition will have its effect both at Paris and Turin, and that the Italian subjects of Austria will no longer be excited by false hopes spread abroad by rulers who have now learnt that the world will not allow its peace to be trifled with. The Emperor of the French has still the power to effect some good in Italy. What every thinking man might have seen from the beginning has indeed come to pass—a jealousy has been created which will make all the efforts of the French Government suspected for some time to come. It may be that Italy has been thrown back ten years by this disastrous blunder. But we must hope for the best, and counsel France, as she claims to be an Italian Power, to unite cordially with Austria to carry out such changes as the Peninsula may require. Austria has of late given sufficient proofs of her anxiety to conciliate these provinces ; and, indeed, it can hardly be supposed that a neces sitous State can desire to keep up permanent armies for the oppression of its own subjects. The late danger will make the Court of Vienna anxious to render its rule more tolerable ; and anv frank con cert between the two Empires to resettle Italy and give contentment to the people will be seen with pleasure by a public which has already" visited with its reprobation the planners of an European war, —Times. Jan. 19. described lived at the address given, 64, Ebury street ? Witness admitted that he had not, nor did his further answers prove that he had much knowledge of the prisoner or his mode of gettting a living. W. C. Yerrell, assistant to Mr. Chapman, Queen's row, Pimlico, pr o d uce d t wo sheets which had also been stolen from Mrs. Sibthorp's, and pawned by the prisoner. The accused, who admitted his guilt, and threw himself upon Mr. Sibthorp's mercy, was committed for trial, Mr. Paynter expressing his opinion that the pawnbroker's assistant who took in the plate had not exercised becoming caution. GREENIVICH.—CONVICTION OF THE TREA SURER TO A RAILWAY FRIENDLY SOCIETY.--Wm. Mills, of 3, Harvey's Cottages, Cooper's-road, Old Kent-road, appeared to a summons before Mr. Traill, charged with unlawfully withholding the sum of £62 6s. 11d., belonging to the Locomotive Steam Engineers' and Firemen's Society, entrusted to him in his capacity as treasurer. Mr. Burgon, solicitor, attended in support of the summons, and stated that the proceedings had been taken under the Friendly Societies Act, 18 and 19 Vic., c. 23. The defendant said he admitted the receiving and withholding the money, which he was then unable to repay, owing to distress and sickness in his family. Mr. Trail said nothing of the kind should have induced him to part with the money of the society, which was an act of embezzlement. Mr. Burgon remarked that the, defendant had since agreed,to repay the money by weekly instal ments of £l, which the society was willing to accede to, subject to his worship's decision in the matter. Mr. Traill said he should make an order upon the defendant to pay the amount claimed ;- and, in ad dition thereto, a fine of £5, including 20s. costs ; and, in default of payment of the latter sum, to be imprisoned and kept to hard labour for three months. This sentence, however, w ou ld b e respited until the society asked for it to be put in force, in the event of his (defendant) not satisfying the claim made upon him . . The defendant then left the court. Rape cakes Bones the prisoner to three months' imprisonmen_ t ' l hard labo ur , an d h e promised that, if he Wei.' brought before him again, he would send trial as an incorrigible rogue. The prisoner was then removed. COUNTRY MARKBO NEWARK—JAN. 18. At to-day's market a moderate business was 141 11 in wheat, whitg k of good quality being in demand , qr. over the rale of last week Pine barley fullo late rates. Le ss i nqu i ry f or oats, and is up. -I' scarce and fine qua liti es i s per qr.higher. White wheat, n ew , 44 5 t o 5 0s Barley, grinding. . .ntl Red d 0... ........ 3 8s to 44s Oats, old, .. ..... ii i ii Old white ........ 44s to 50s New do 44 11 Red do.. .......... 38s to 44s Beans.. 1 Barley, malting.... 38s to 43s I Peas ....Ai NEWC ASTLE-UPON-TYNE—JAN. 1 8 ''' There was a tolerable supply of grain at marketj generally were slow,. and prices at a decline of I °4 Foreign wheat inquired for, and at the rates of last ti day. Oats s t ea d y. Barley the turn in favour of the ilti with good arri va l s , b ut in slow demand. Beans about the same as last week. • HULL—JAN. 18. At this day's market there was rather a fair - w 1 1 wheat, and sales were effected at the q uo t a ti ons of .d , week. Foreign wheat firm. Barley in good red„,, ll ' prices in favo ur o f se ll ers. Beans and peas seva-,i higher. Oats s t ea d y , an d i n some instances they ' a trifle more money. Wheat.... Old white.... per qr. 40s Od Old red...... ~ t New white . • ~ New red .... Dantzic, Konb., &c. old white 50 s Od to d; 410d t 0 0 ~ f Dutch, Belgian, and French.. 45s Od to Baltic and H am b urg, red .... 43s Od to 4 St. Petersburg and Riga, old. 38s Od to ),; Barley.... English malti ng 33s O d to t Grinding 2Bs Od to Saal and Oderbruck Holstein a n d D an i s h 29s Od t o " Grindin g 26s Od to 1 4 `i ,Oats English, old Archangel and Riga, per st Os lld t° l ,l Friesland a n d D u t c h 08110 t° o il Swedish an d D an i s h °slid to Beans ....English, old, per qr New pigeon 4os Od to 4 /, New tick. - - 39s Od to '3i. Egyptian 3ss Od 0 ,0 Peas Foreign bre a k ers . 4os Od to i 9. Grinding 8 38 5 : Tares ....Winter Indian Corn Linseed, feeding 5OB Od to 0 0 d d t t 0 0 crushing. Linseed cakes (Hui!) £9 5 oto J 39 li Foreign BlO oto ,l' p • 612 6to u DUBLIN--J AN. 18. To-day's market was thi n l y attended, and in the m m actions which occu rre d w h eat and flour were in...:d request, but rate s were sus t a i ned. Beans and Iwo' is higher. Oats and oatmeal firm in price. s. d. s. d. s. d• „i Wheat, white 22 6t o 2 5 6 Do . new . ..... 11 6 .„`"1 9 w Do., red 2l 6t023 0 Bere . lO 0 i Do., new Barley Oats ' ........ 11 otol3 0 Bakers' flour Do., black.... 10 6toll 0 Indian corn BRISTOL SUGAR—JAN. 19. f Tho only su gars b rought forward this week were i ' cfr of Demerara an d t wo small cargoes of Tobago, wh i c h all sold immediately, a t 6d t o i s per cwt. advance °,, prices obtained before the holiday s , S evera l parce ls o ti i have been sold at very full prices, and the rn cleared. COAL MAR: ..... (Prices of Coal per Ton al s. d. Da vison.'sWestHartleyls 3 Wylani 15 0 Tanfield Moor Butes..l2 0 Hartlepool West Hart- ley. l4 0 Earsdon Hartley l5 0 Lambert's W. •Hartley 15 0 South Kelloe l3 3 Walls End. Byron. Whitworth l4 9 Framwellgate 16 6 Ships at market, [CET—JAN. 19. the dose of the market. Walls End. Bradyll's Hetpon. .... : 1 1 ; Hetton— Tees ........ Russell's Hetten. ..... Brandon South Hartlepool... •. , Haswell . 0 ...... • • i s Cassep ...... 11 Heu„ol Hall l6 Coundon 'l 4 Hunwick: 47—Sold, 13. LOCAL SIfARE MARKETS. LIVERPOOL —JAN. 19. The market was fi rm a t th e open i ng, with little , 0 (10 1 but gave w a y per cent. i n the middle of the day; ever, this was nearly regained at the close :—Berwiell.s —North British, 63 I—York and North Midland, 77k e 0 Eastern Counties, 12 9-16 a_ Midland, 102/ 4 —C - no and Holyheads, 48a 2—Caledonians , 86 86i —tank and Yorkshire, 98 I—London and North-Westerns, 97 0 , , East Lancashire, 95i 6--Dutch Rhenish, 4 Grand Trunk of Canada, 8i 81—Great Western, p u , 2 21 , Great Western of Canada, 16i- 161 Dovers, 221 Leeds Northern, 481 f. BIRMINGHAM—JA.N. 19. Tho transactions to-day were limited, and the P I were generally lower. In local shares quotations 1 firm. MANCHESTER —his% 19. A steady and improving market, with a moderato b its o ness doing. At the close prices were firm. Mancll%., Sheffield, and Lincolnshire, 3 4—Illinis Central, 33 a' r i daledonians, 86 t—Londons, 97. Midlands 102:1—Leeds, 931 Dovers, 22 7-16 —.DP British, 631 LAW IN: THE LAW OF BANK.I2UPTCY AND INSOLVENCY. (From the Times.) A Reform of the Law of Bankruptcy and Insol vency is one of the measures projected for discussion during the ensuing session. We rather hope for a Settlement than believe in it. We cannot forget how often this subject has been brought forward, how often it has been remitted for . inquiry, how often the inquiry has proved barren of result. We now have in presence mainly two systems—the one is Lord Chelmsford% the other that one which is based on the recommendations of various important commercial bodies—in fact, the legal and the commercial schemes. The general impression appears to be that Lord Chelmsford's voluminous propositions on the subject will scarcely bear dis cussion. We need, above all things, simplicity, and here is . complication ; clearness, and here is obscurity. On the other hand, it is much to be apprehended that if the question were deeided according to the wishes of commercial men the Bankruptcy Code would virtually cease to exist. What they ask for seems to be in the main the sanction of a competent Court to private arrange ments. What they chiefly appear to dread is publicity. But it may be said, why, since the Bankruptcy Laws are principally devised for the protection of traders, should not their desires be accepted as conclusive on the subject ? Have they an interest in this matter which is adverse to the general interest of the community ? The answer to this question certainly is that, as a class, commercial men are more vitally and more deeply interested than other persons in a due administra tion of the Bankrupt Laws ; but- yet, so great is their horror of publicity, they would sooner put up with losses. . They had rather leave f rau d t o run its course unchecked than submit to the exposure of their own mistakes. Their argument is, that if they choose to manage their own concerns in their own way—towrite off a loss ra th er th an communi cate the - fact to the public—it is their own business and concerns nobody but themselves. A merchant in the course of his business enters into some un fortunate speculation, undertakes some enterprise which results in a dead loss, but, while still remain ing solvent, he has a perfect right to keep the story of his reverse to himself. Why should he injure his own credit ? By parity of reasoning, if in an unguarded moment he have given trust to an ad venturer, and thereby suffered damage, is he bound to come forward and proclaim the fact to the world ? Are we to leave no middle course open to him be tween submitting to the entire loss of his debt and full exposure of the circumstances in the public journals ? It may well be that if notice be given of the loss he has incurred his own creditors may be inclined to run him hard. He may not find the same facilities for discount and the same ample credit as before, because it will be believed that he is embarrassed by the loss. There is something plausible in this at first sight, but the reasoning breaks down in face of the great argument, that a policy which actually encourages dishonest trading, which gives a false appearance of solvency where insolvency is complete, which enables men who by their own imprudence have been defrauded to slip their own necks out of the collar at the expense of others, cannot in the long run be advantageous to the community at large. Which is best,—that trade should rest. upon a sure or upon a rotten foundation ? Now, we. .are not defending the Bankrupt Laws as they stood, nor as they stand. We can well understand that traders should have shrunk from bringing their claims before a tribunal where such frightful complications existed.. There used also to be the. great argument on the score of expense. The assets under the good old arrangements used to be swallowed up in costs. Why should a man undergo ail this discomfort, and loss of time, and exaspera tion of prosecuting a claim before a Court which in the end either could not or would not afford him relief in the only form which he appreciated —a substantial dividend? This argument,' however, has lost much of its force in our own day. We do not believe that the Bankruptcy Law, as adminis tered by the present Commissioners and Official Assignees, is fairly obnoxious to the reproach of being an expensive system. The concerns of a bank rupt's estate will be as fairly and economically wound up in Basing'nall-street as under any system of private arrangement which could be devised. But then there is the publicity ! It is difficult to see how this can be avoided with fairness to all parties and to the public, who are not parties at all to the transactions between the bankrupt and his creditors. What certainty is there that there shall be no undue preference--that there shall be punish ment inflicted for positive offence against the cri minal law, unless the bankrupt be examined and evidence received in open court ? Surely it will not be contended, if a bankrupt has not surrendered, has not discovered all his estate, has not delivered up his books, has destroyed or falsified them, has concealed available property, has obtained goods under false pretences when he was hope lessly insolvent, or has given false testimony in the course of the investigation into his affairs, that he ought not to be punished ? If this be so we may as well give up our criminal law altogether, for it would then be assumed that punishment does not operate to deter from crime. Should it be left to the discretion of his creditors whether he should be punished or not ? Scarcely so, for in that case every rogue who was entering upon a career of fraud would buoy himself up with the expectation that his creditors would avoid the trouble and expense of a prosecution. The only way in which justice can be administered is by a competent and impartial Coiirt. How far com mercial firms of the highest standing and of the most unimpeached character can go in the conceal ment of crime when such a course appears calcu lated to promote their own interests we know by lamentable proof. It was but the 'other day that such an instance occurred ;' the City of London has not yet recovered from the shame. To-day we have selected this subject for remark, because the time is at hand when Parliament will re-assemble for the despatch of business, and there is no concern of merely domestic import which should receive a keener or more anxious atten tion from the Legislature than this one of the Bankrupt Law. We have, however, a more special reason for bringing the subject to-day under the notice of our readers. Mr. Commissioner Fane, one of the Bankruptcy Commissioners, has forwarded will of be found to us hi s v i ews upon the proposed reform in the Laws Bankruptcyfn in h d and anoter Insolvency. His observa tions portion of our We d journal thi s d ay. Wo not end orse these views in all particulars , • but, proceeding as they do 'from a gentleman who has had such extensive experience of the subject on which he treats, they are at least worthy of attention. Mr. '' n. r.Commissioner Pane, per haps, pushes to extreme the judicial ' for complete publicity in all scarcely be doubted diat, if e , i . int view. Ie is a s an . e tt es ; but it can i ed no .excep tions to his rule, he would oftentimes defeat his own object. The keystone of his proposition is that where private arrangements are proposed nij by the majority; nay, that the voice of one dissentient creditor should be sufficient to en f orce publicity. Commissioner Fane's theory it is be s t, perhaps, to state in his own words,—" There is nothing so agreeable to an, insolvent and his creditors as se crecy—nothing so disagreeable as publicity. The debtor is only too often a knave, the creditors are almost all victims of their own rbadiness to gi ve credit without inquiry. The debtor hates to have his knavery, the creditor hates to have his folly ex posed. • They are in a conspiracy against honest men, and their engine is secrecy." This view will, no doubt, 13?. distasteful enough in the City. It is greatly to be feared th a t, until the public opinion of commercial men runs to an overwhelming de g-ree on the side of fair trading, anything like a sound system of Bankruptcy Law will be an im possibility. Where all parties are determined to evade the law or set it at defiance success will gene rally crown their endeavours. Were the public opinion of the country sound upon commercial fraud there Would be no great difficulty in framing a law to repress it. VICE-CHANCELLORS' COURT. (Before Vice. Chancellor Sir W. P. WOOd.) THE LONDON, BRIGHTON, AND SOUTH-COAST RAIL WAY COMPANY V. THE LONDON AND SOUTH WESTERN RAILWAY COMPANY AND THE PORTS MOUTH RAILWAY COMPANY. Mr. Relt, Mr. Willcock, and Mr. J. H. Taylor moved on behalf of the plaintiffs for an in junction to restrain the defendants from using the joint sta tion at Landport, Portsea, of the plaintiffs and the South-Western Railway Company, for the booking or the transit of passengers or goods destined for or coming from the Portsmouth Railway, or any part thereof, except only so far as relates to the transmission, upon the lines of railway laid down in the station, of traffic conveyed on the public ser vice to or from the line belonging to the Crown leading to the dockyard or other naval or military establishments at Portsea or Portsmouth. By the Brighton and Chichester (Portsmouth Extension) and London and South-Western Rail ways Act, 1857, it was enacted that the Brighton and Chichester Companymight sell, and the South Western Company and the London, Brighton, and South Coast Company might purchase, such part as should be agreed upon of the Portsmouth exten sion of the Brighton and Chichester Railway Com pany as was westward of the junction near Havant. This portion was to form and be worked as a joint line by the London and South-Western and the London, Brighton, and South Coast Railway Com panies, subject to the control of a joint committee of the two companies, it being enact e d ( sec ti on 13) that subject to such' control and mana gemen t an d the provisions of any and every Act of Parliament for the time being relating to thejoint line or to the two companies, each of the two companies might at all times thereafter use the joint line for the pur poses of conveying passengers, animals, and things upon the same , an d for all such purposes as should be necessary for the traffic or business thereon of the same respective companies. Articles of contract, in pursuance of the Act of 1847, were made on the 9th of October, 1848, between the three companies, for the purpose of arranging the terms upon which the joint line was,to be worked, and. effecting the conveyance to the South-Western and Brighton and South Coast Companies. Further terms of agreement between the two companies were arranged in August, 1852. By the Portsmouth Railway Act, 1853, the Ports mouth Railway Company was incorporated, with power to make a line from Havant to Godalming, to which place a branch of the South-Western Railway from Guildford extended, the line of the Portsmouth Company, when completed, joining the South Coast line at a short distance from Havant and the " joint line." In January, 1858, another agreement was entered into between the Brighton and South Coast and the South-Western Companies as supplemental to the existing agreements of 1848 and 1852. By the Portsmouth Railway Amend ment Act, 1858, sec. 35, that company and all other companies lawfully using the PortsmOuth Railway were authorised to pass over and use the joint line, and that portion of the frighten and South Coast situated between its junction with the Portsmouth and its junction with the "joint line." Such powers of passage and of user to be exercised on such terms and conditions as failing an agreement between the companies should be settled in certain specified modes .with a proviso th a t, exce pt as th ere i na f ter provided, nothing in the act should confer on the company, or on any such other company or person, any powers of user of the joint station at Landport (Portsea) for any purpose other than the transmis sion upon the lines laid down in the station of traffic conveyed on the public service. It was also provided (sec. 36) that the company and owners for the time being at the joint station at Landpert might agree for the use by the Portsmouth Rail way Company, or such other company, &e., of this joint station for the general traffic of the company, &c., on such terms as might be mutually agreed upon between them, provided that if no such agree ment should be come to, then the Portsmouth Company should, before a year from passiirs the act, purchase so much of the lands authorised to be purchased at Portsea as should be necessary for the construction of an independent station, and con struct such station, &c., as might be required for the accommodation of the traffic. The Portsmouth Railway Company had required the plaintiffs (the Brighton and South Coast Cora pany) to come to an arrangement for the use by them of •the South Coast line between the two points of junction, and of the plaintiffs' station at Havant. The companies not having been able to agree upon the terms of user, the matter had been referred under the powers of the Act to arbitration. The bill proceeded to allege that the South Western Railway Company had entered into some agree ment' with the Portsmouth Railway Company for working their line, and for the conveyance of the traffic thereon, but that such agreement had been entered into without the concurrence or sanction of the plaintiffs. In December last the plaintiffs re ceived-notice of the arrangements proposed by the South Western Railway Company for working the traffic of the Portsmouth Railway, and using the plaintiffs' line between the two points of junction. The plaintiffs thereupon objected to the use of the joint station at Landport for the Portsmouth Rail way traffic. • Upon the South Western Company insisting upon their right, in virtue of their joint ownership of the joint line and station, to use them for all purposes of their company, not excepting the accommodation of traffic which might have passed from, or which might be about to pass to, the Portsmouth Railway, the plaintiffs had filed their bill and. now moved for an injunction in the terms above stated. In support of the motion it was contended that the South Western Company was acting illegally, and in violation of sectierd 13 of the Act .of 1847, which must be confined strictly to the two com panies, and could not enable the traffic of a third company to be introduced over the joint line, whether such traffic had originally travelled over the South Western line proper, or "was. merely traffic of the Portsmouth Railway. The South Western Company, by working the Ports niouth Railway, must be taken as representing that company, which was expressly prohibited by the act of 1858 from using the joint station at Landport, except by agreement.- Sir-R. Bethell, Mr; Giffard, Q.C., and Mr. Bag pllay, for the South-Western Railway Company, contended that there was nothing in the acts to prohibit them -from using the joint station for all purposes, including the working by them of the Portsmouth Railway, and the conveyance of traffic over that line, whether between Portsmouth and London, or between Portsmouth and Godalming only. It was impossible to prevent passengers from taking the direct line now open by way of Godal ming (saving some 25 miles) instead of the circuit by Basingstoke, and so long as passengers or traffic were conveyed over any portion of the South- Western line, the joint line being clearly a portion of their line, the traffic became South-Western traffic, and as such entitled to the use of the joint station, sec. 13 of the act of 1847 containing no restriction as to any source from which the traffic might be derived. Mr. C. T. Simpson for the Portsmouth Railway Company. Mr. Willcock replied. The Vice-Chancellor said that the question in this case depended entirely upon the construction of the act of 1847, by which the South-Western and the Brighton and South Coast Companies were autho rised to purchase, and a third company was autho rised to sell, a portion of line for the purpose of being jointly used by the two companies as a joint line. This act was in no way modified by the Ports mouth Railway 'Amendment 'Act of 1858. What, then, was the effect of th e ac t o f 1847 as to the uses of the joint station by the two companies ? The act was remarkable, and differed from the usual form adopted in such cases. It was enacted (sec. 14) that all proceedings, &e., with respect to loss, &c., on the joint line should be brought against the two companies jointly ; that the joint and several funds of the two companies should be liable in payment and satisfaction of all liabilities incurred by the joint committee, whose appointment was directed by the act for the management of the joint line. Some of the provisions as to the joint committee might, in case of a dispute between the companies, be very difficult to carry out, but it was observable that either of the two companies might appoint its own booking clerks, who were not to be removable by the joint committee. Section 13 (already set out in the statement of the case) enabled each of the two companies to use the joint line. It had appeared to him from the first that there was considerable difficulty in the plaintiffs' case as to bona fide traffic booked by the South-Western Company at Ports mouth, to proceed first by the joint line to Havant, then over the Portsmouth Railway to Godalming, and again by th e South-Western line from God aiming to Waterloo. This would be clearly traffic and business of the South-Western Railway. Pas sengers were not bound to go round by the circui tous route of Basingstoke, when they might take tseT t .t h ophen e ,eiectrvl n heue io rslis r voa eane:( s l a irect line by Godalming and Petersfi e ld. South-Western enbr(aintnothing,liotninema from fidertt ohemle ultimately jto f r o voa r enffi e to rd , cot London er lead taoivoeGil nloi joint h agl i m innole; ne t r o fgr theothomie. Havant, was not South -Western traffic. Thcre might be a difficulty as to traffic starting from Petersfield, or a ny po i nt on the Portsmouth Rail way, as it could not be seatreildlrnctlo have ever been o n any o in n e lp p a i n - o y pe t r ilat lt t w be a y s saidp b a y r t o t f b e t h e s o S a o t u b t_hi v ll e r s e t s were joint tenants of the joint line, anclthat was He not the less a . povtion of th e i r li ne proper because they had the joint We of it with the plaintiffs. Mr. Knowles—Yes, Lord Campbell—We cannot possibly interfere in these cases unless on the ground of an imputation of personal corruption. There is a great deal here about the removal of the turnpike and the employ ment, of the. police... If. those subjects had been treated fairly we.never should have interfered, but we find in this article a charge of corruption against Mr. ;Tames and Mr. :Fawcett in the discharge of their duties as magistrate. Mr. Knowles—A solicitor's letter was sent to the Methrs. Steel, calling upon them for an unqualified denial and retraction of what they had stated, and they afterwards inserted in their newspaper an article in which, in fact, they reiterated the impu tation that the two magistrates had acted from personal and corrupt motives. They said they were not conscious of having made such a charge, and that if Mr. James and Mr. Fawcett thought they had made it they had no hesitation in expli citly disclaiming any intention to impute corruption to them. The article concluded in these worth : " We very reasonably supposed, as, indeed, we see no rrason as vet to disbelieve, that personal feeling had betrayed'them into taking an extraordinary and altogether unjustifiable step." Lord Canipbell—lf it had turned out that Mr. James and Mr. Fawcett had appealed to the public through the newspapers, or that the defendants had published a reasonable apology, we should not have interfered. We do not consider that a reasonable apology, and you may therefore take a rule. Rule granted. POLICE INTELLIGENCE, Jan. 19. BOW-STREET.--A fine looking young woman, of rather a showy style of, dress, who stated that she was a married woman, but was living apart from her husband, applied for. advice under the following circumstances : Applicant stated that she had for a long time resided with another woman, now in attendance, but had quitted her for about three months. About a year and a half ago, applicant had a child (a girl) by the brother of this woman, who had nursed it after the first three months, while applicant worked at the army tailoring. Applicant considered that she was entitled to remove her own child, which, being illegitimate, was not under the control of the father ; still less under that of his sister. The latter claimed payment of half a crown a week for 15 months' maintenance of the child. Applicant re sisted this as an unreasonable demand, for during the time that they all lived together her earnings contributed towards the support of the child and of the nurse. But she was willing to pay for the last three Months, as for that period she had been away, and the child had really been a charge to its aunt. The nurse, who evidently possessed the affections of the child, which she carried in her arms, here came forward and said she considered she had a good claim for the 15 months' and meant to assert it. Her Object was to keep the child away from the mother, who was a very bad character. She had become attached to the child from nursing it, and her brother had the feelings of a father, though he knew he had no legal right to the control of the child. The Magistrate expressed his opinion that the mother was entitled to the custody of her own child, notwithstanding any claim for its sustenance, which could only be decided by a civil action. At the same time he had no power to order the child to be given up, which could only be effected by proceed ings in another court. The mother had better con sult an attorney. As the partijs were leaving the court, the mother suddenly seized upon the child, forcibly dragged it away from the nurse, and escaped with it, before the usher, impeded by her companions; could inter fere. Subsequently, however, he called at her lodgings in Duke-street, Drury-lane, and remon strated with her on the impropriety of taking the law in her own hands. She then returned to the THURSDAY EVENING, JANUARY 20, 1859. was not upon the present occasion bound to say more than that it wa s a po i n t f or discussion which might have to be decided hereafter. There might be a question as to whether the joint line was not to be taken as independent of either of the two companies, and as belonging rather to a third species of company created as to this joint portion by the Act of 1847. It was a difficulty in the way of the contest of the plaintiffs that they were compelled to admit that anything which had traversed any part of the South-Western proper became part of their traffic. Then, again, the case had been suggested by Mr. Baggallay, of the Portsmouth Railway joining the South-Western shortly before the junction with the South Coast line. There appeared to be some balance of doubt as to what was intended, but not sufficient to induce the Court to interfere by injunc tion. He could not conceive any reason for calling upon the Legislature to restrict the user of the joint line. Each company would endeavour to get as much traffic as possible upon it for their joint benefit. Care, no doubt would be taken as much as possible as to the user of the joint station, and to prevent any competing line from coming direct from London. Section 35 of the Act of 1858 appeared to have no bearing whatever on filo rights of the two companies as between themselves. It in no way affected or restricted their rights to the entire user of the joint station. No third company was to have the right of entering that station. Section 36 provided, rather singularly, that unless the Ports mouth company came to an arrangement with the two companies for the use of the joint station they must within one year buy land and make an inde pendent station. The South-Western Company did not admit that the Portsmouth Railway Company were using the joint station, for that would be a direct contravention of the Act of 1858 ; but they said, "_We are using our own station on our own line, as we are fully entitled to do under the Act of 1847." He could not tell how far it might appear afterwards that the course taken by the South- Western Company was in reality that of the Portsmouth Company. At all events, it could not be taken as now established against them; nor did the bill allege more than that some agreement had been come to. Upon the question of costs it was to be observed that the question was reduced to a dry point of law. The plaintiffs stood upon their strict legal right, and the Court had said that it would always assist companies in such a contest to assert their rights. No order would be made upon the present motion, and the costs would be costs in the cause. COURT OF QUEEN'S BENCH. (Sittings in Banco, before Lord Campbell, and Justices Wightman, Crompton, and Hill.) THE QUEEN (ON THE PROSECUTION OF THE EARL OF DERBY) v. GEE. This case came before the Court upon the return to a mandamus, and raised a question as to whether the Earl of Derby or the authorities of the town ship of Bootle, near Liverpool, should remove a nuisance existing at the mouth of a sewer running into the Mersey. Mr. Mellish having been heard on the part of the Earl of Derby, and Mr. Atherton on the. other side, The Court thought the return was bad, as it did not show that the mandamus had been obeyed, nor give any excuse for not obeying it, but intimated that the defendant should have leave to amend on payment o f costs. THE QUEEN V. STEEL.—LIBEL.• Mr. Knowles said he was instructed to move for a rule to show cause why a criminal information should not be filed against Mr. Robert Steel and Mr. James Steel, the proprietors and publishers of the Carlisle Journal, for a libel inserted in that newspaper on Mr. James and Mr. Fawcett, two magistrates. Mr. James had been a magistrate of the county of Cumberland for forty years; he had represented the city of Carlisle in Parliament for two or three sessions, and had also been member for the eastern division of Cumberland. Mr. Fawcett was not a magistrate for the county, but he was a barrister resident in Carlisle and a magistrate for that city. In November last the site of the toll-bar on the road leading from Carlisle to Penrith was changed off this road. Mr. James and Mr. Fawcett were trustees, in common with 200 or 300 people. Formerly the bar was at a place about nine miles from Carlisle, and the fund for repairing the road was derived from the tolls taken at it. It was found that it took as much to repair the half mile of the road which led to the Newcastle Railway station as was sufficient to repair the whole of the other eight miles and a half; and at a meeting of the trustees on the 28th of October it was unanimously resolved that the bar should be removed nearer Carlisle. A new bar was accordingly put up, and the tolls paid for some time, but an organisation was got up on the part of the town against it, and during the night 'of the 7th of September the bar was forcibly broken down. On the 9th the two gen tlemen in whose behalf he now applied signed an order directing that two police-constables should be stationed at the gate for the preservation of peace. Shortly afterwards there appeared an article in the paper in question, headed " Illegal toll-bar— County versus City," containing the following pas= sage :—" The motives that have actuated the two trustees who have thus prostituted the office of magistrate to give vent to their irritation and spleen, if not to serve their own ends or crotchets, are of the paltriest kind." In another part of the article Mr. James and Mr. Fawcett were mentioned by name ; and it was further asserted that they had used the power with w hi c h t h ey were invested to serve their own ends, regardless of property_and the public interests. Lord Campbell—That is the whole of the alleged libel ? court and gave the child up to the nurse, but said she would apply to another tribunal. LAMBETH.—LovE, LAW, AND Prrysic.--Dr. Daniel Shannon, a medical man, practising at No. 1, Bridge•road, Lambeth, appeared before the Hon. G. C. Norton, to answer to a summons charging him with assaulting Mr. Louis Hangers, his late assistant. The complainant said that on the 12th inst. he was passing the house of Dr. Shannon, and that gentleman being at the door at the time, asked him if he had not been out with his servant. He replied he had not, and went into the cigar shop of Mr. Martin, next door. He was followed by a man against whom he had a summons, but who was not in attendance, and Dr. Shannon, and the latter shaking a stick a t hi m, told the former he would give him a sovereign to knock him down. The man on the instant grasped him by the throat, tore away his stock, and struck him repeatedly. Dr. Shannon all the time was present, and kept abus ing him in the most violent language, called him a German scamp, and even worse names. Mr. Norton—Are you sure he offered the man a sovereign to strike you ? Witness—Quite sure, sir. • Mr. Edward Martin, who described himself as a cigar 'merchant, said that on the night in question the complainant entered his shop, followed by Dr. Shannon, and the man who se name h a d b een men tioned. The man came right into the shop, while Dr. Shannon was at the door, and the latter said the complainant deserved a good thrashing. He (witness) would not go the length of saying that Dr. Shannon had offered the man a sovereign to thrash the complainant. His manner, however, was encouraging to the man. Mr. Norton—Did you 'notice a stick in Dr. Shannon's hand? Witness—No, sir, I did not. I sho u ld ra th er say he had not a stick- than he had. The othcr man assaulted the complainant, but Dr. Shannon did not that I saw. Dr. Shannon, in reply to the charge, said the fact was that the complainant had formed an acquaint ance with a young woman in his service, and on the evening in question she was out with him. A young man who was paying his addresses to her happened to see them together got jealous of th e young German, as he called him, and his je a l ous y having bee n aroused he assaulted him as he had described, but not from any interference of his. Dr. Shannon then called his present assistant, and after his evidence had been given, Mr. Norton observed he did not think the com plaint was supported by the evidence, and there fore dismissed the summons. On the application of the complainant, a warrant was granted against the rival lover. SOUTHWARK. —QUASHING AN ORDER UNDER TIIE DIVORCE AND MATRIMONIAL CAUSES ACT.— On the 4th . of the present month a middle-aged female, who stated her name to be Charlotte Antrim, applied to Mr. Burcham, and obtained an order under the Matrimonial Causes Act for the protection of her property from her husband, a shopkeeper at Town Mailing. She then said that her husband had deserted her many years, and that she had lately become possessed of considerable pro perty. A few days ago a solicitor attended this court on behalf of the husband, in order to request to hear evidence on the part of the latter, as the whole of the statement of Mrs. Antrim was untrue. Sh e had actually applied to Sir C. Cresswell, the Judge Ordinary, to make an or d er , on t h e 4th of December, and after hearing her statement the learned judge refused to grant an order for the protection of her property. She had not mentioned that circumstance to his worship. Had she, he (the solicitor) was sure he would not have granted her the order. Mr. Burcham declined to discharge the order on an ex parte statement, but he granted a summons for Mrs. Antrim to appear and show cause why it should not be quashed. Yesterday afternoon she was accordingly in at tendance with her solicitor, and Mr. Sleigh, the barrister who was 'instructed to appear on her behalf. Mr. Burcham asked whether it was true that Mrs. Antrim applied to the Judge Ordinary on the 4th of December for protection of her property, and was refused ? Mr. Sleigh replied that such was the case. • Mr. Burcham thought that the conduct of her legal adviser was rather disgraceful, as be never mentioned those circumstances to him. Had he done so, and stated the grounds, most likely he should have refused the order. The worthy magistrate called Mrs. Antrim, when she was ex amined by Mr. Sleigh. On being sworn she said—l married John Antrim in 1828, and lived with him only six years. I had two children by him, and I went out t o wor k . During th e ti me I lived with him he very much ill treated me, and he frequently kept me without food. He also caused me to have a certain illness for nine months, and through his general bad con duct I was compelled to leave him, and he has not since contributed anything towards my support. I have lately had some property left me, and I wish that protected from him and his creditors. I have not been guilty of any improper conduct towards him. I left him at Lews, in Kent. Mr. Sleigh—Have you not lately seen him and asked him for money for your support ? Mrs. Antrim—Yes. About a fortnight a g o I saw him in hi s s h op at T own Ma i l i ng, in Kent, and asked him for money. He was living with another woman, to whom he said he was married, and he refused to give me anything. I was, however, not in actual want. Mr. Burcham to Mr. Sleighz—Have you the brief relating to the application before the Judge Ordinary ? Mr. Sleigh—l have. Your worship can examine it; but I hope, sir, you will bear in mind that I did not know the particulars of Mrs. Antrim's applica tion to you, sir. Mr. Burcham, after perusing the brief, said— Mrs. Antrim, where do you live? Mrs. Antrim—At 5, Webber-row. Mr. Burcham—What name do you go by there ? Mrs. Antrim—Mrs. Wall. Mr. Burcham—Now don't you live with Mr. Wall as man and wife ? Mrs. Antrim—yes sir. Mr. Burcham—Then you may go about your business. I discharge the order at once. Mr. Sleigh—l hope, sir, it will not go forth that I knew that the application was refused by the Judge Ordinary. Had I done so, I would not have at tended to-day. I consider these proceedings inde cent and insulting towards the learned judge and magistrate. This was the first order that has been quashed under the new Divorce Act. WESTMINSTER. —.LAMENTABLE Arrxm.-- john Howell, a very respectable-looking man, up wards of 50 years of age, was charged with steal ing a quantity of silver plate and other articles, from the house of Mrs. Maria Waldo Sibthorp, relict of the late Colonel Sibthorp, M.P., 57, Ches ter-square. The circumstances of the case are very lament able. The prisoner, who is a married man with seven children, the eldest of whom is moving in a very creditable position in life, was employed, early in November last, upon a job at the house of Mn.w Sibthorp, when, in consequence of the high recom mendation he received from one of the ministers of the district, the lady was induced to take him fully into her establishment under far more advantageous circumstances than a person at his time of life could possibly expect; and it is deeply to be deplored thatie made so ungrateful a return for the benefits conferred. On Tuesday afternoon the accused, who had charge of the plate in every day use, inquired of the housemaid whether she knew what had become of a tablespoon which was missing, to which she replied that she did not. This circumstance coming to the knowledge of Mr. H. W. Sibthorp, the lady's son, he began to entertain some suspicion that all was not right, and upon his return home from a party at night he determined to look over the plate in the pantry and ascertain whether there was any of it missing. On going to the pantry-door he found it locked, but as, on applying his eye to the keyhole, he found there was no key in the door inside, he came to the conclusion that prisoner was out, although it was his duty at that late hour of the night to have been in the house. After waiting some time for the prisoner, and finding he did not return, Mr. Sibthorp awoke one of the other servants, and having gone to the police-station, where he received every attention, returned with a constable. In the meantime the key of the pantry had been found under the matting in the store-room, and upon examining the plate, four tea spoons, two dessert ditto, two table spoons, and two forks, were missing, and in •a,drawer in the pantry, three pawnbrokers' tickets, relating to part of the property, were dis covered. Prisoner came quietly into the house at two in the morning, when, upon being questioned respecting the missing plate, he admitted he had pawned it, and gave his master four other dupli cates. An assistant to Mr. Smith, pawnbroker, Victoria_ road, produced the plate, pawned at four different times by the prisoner, and also a blanket. In reply to questions from the magistrate, the assistant said that he had known the prisoner for five years as a respectable man, and therefore did not hesitate to take in the pledge from him, which he represented to be the property of a Mr. Smith, in Ebury-street. The blanket, he said, was his own. Mr. Paynter asked whether he had looked at the Directory, to Nee whether any person of the name HAMMERSMITH.—POLICE DISCREPANCIES. —John Simpson, the keeper of a beer-shop in Jen nings -buildings, and also a lodging-house-keeper, was summoned before Mr. Ingham for having his house open at improper hours. Mr. Martin appeared for the defendant, and pleaded not guilty. Sergeant IVl'Qualter of the Tdi.vision, deposed that about a quarter past one o'clock on the morning of Sunday, the 9th inst., he received i n f ormat i on t h at the defend an t h a d his house open for the sale of beer. He immediately obtained the assistance of three constables and went to the place. There were seve ral persons outside, and as they approached they called—" Look out, look out." 'Witness placed one of the constables at the back-door, and he, with the other two, went to the front. He knocked at the door when some person inside called out " Who's there ?" and witness answered " The police." At that time he heard footsteps rushing up stairs. He waited two minutes and knocked again. A voice called out, " Who's there ?" and witness ., replied, " The poli ce ." Aft er wa i t i ng another minute the door was opened by a young man with a moustache. Witness first tried the door leading to the upstairs part of the house, and he found that it was secured, to prevent him from entering. He then turned into the taproom, and found a prostitute sitting at the table quite drunk, and a man sitting close to her smoking. There was another woman standing in the taproom, and she:appeared intoxicated. There were three women sitting in front of the bar, with a pint pot containing malt liquor. There was a man standing close to the women, and the landlord was behind the bar. He then asked the defendant how he accounted for having his house open for the sale of beer, and he made no reply. Mr. Martin 'cross-examined the witness, and he denied that he saw an account-book in the hands of the landlord. He.also said that the prostitute did not lodge at the beer-shop, but at Mr. Simpson's lodging-house. At the request of the magistrate, Ellen Donovan, the woman in question was called, and she said that she had lodged at the beer-shop for some time. She further - said that:she:returned home about a quarter past 12 o'clock and she saw no beer about. Police-constable Bull was next examined and said he accompanied the sergeant. He saw five males and two females in the house. The prostitute was sitting in front of the bar with the man, and not in the taproom. He further said that the door was opened by the defendant. Police -constable Fennemore was present when the door was opened by the man in moustache. Mr. Ingham said there appeared some remark able discrepancies in the evidence of the police. It was, however, not a case he should proceed with. Summons dismissed. A VIOLENT PAUPER. —GRACE BEFORE MEAT.— Edwin Skey, an able-bodied pauper, in St. Mar garet's and St. John's Workhouse, Kensington, was placed in the dock under the following circum stances : Thomas Brotherston, the labour master, said at 12 o'clock that day the inmates went to dinner, and the prisoner and another man commenced before grace was said. In consequence of that the master turned them out of the hall, and would not allow them to have their dinner with the rest of the in mates. At one o'clock, when labour was resumed, he asked the prisoner to return to his work of stone breaking, but he•refused, on account of his having had no dinner. The master told him that if he went to his work he should have his dinner. He still refused, and the master ordered him to be locked up in the cell. The prisoner resisted, and he had to obtain the assistance of the schoolmaster to remove him to the cell. He then made a great noise, and commenced kicking violently at the door . and knocked out a piece of the wood. The master then ordc rod witness to take off the prisoner's shoes and while attempting to do so he kicked him vio lently in the leg. The prisoner also knocked out the iron ventilator in the door, causing damage to the amount of 2s. 6d. The prisoner said the witness first kicked him, and in return he kicked the witness. Brotherton denied kicking the prisoner. . The accused here bared his leg, and said the mark was quite fresh. Miller, the gaoler, looked at the bruise, and said it appeared to have been just done. The officer said he did not kick him. Theprisoner might have got the bruise in his struggles. The prisoner further said that when he went to his dinner he put his hand to his mouth and took out some tobacco which he had been chewing, and placed it on the side of the plate. The master then came up and ordered him out, and he had no dinner. Mr. Ingham inquired if smoking was allowed in the workhouse P The witness said it was not. Many of the in mates chewed tobacco, but that was not allowed. Mr. Ingham told the prisoner that it was his duty to submit to the rules, and if not, he ought to submit to be punished. It appeared he had not done one or the other, and therefore he should commit him for 14 days' imprisonment, with hard labour. THE BEGGING-LETTER IMPOSTOR.—John Clark, the young man with crutches, who was charged last week with endeavouring to obtain money from Lord Macaulay, by means of a fictitious petition, :was brought before Mr. Ingham for re-examination. The prisoner, who has fre quen tl y b een conv i cted for practisin g frauds upon the public by begging letters, was on this oc:. asion given into custody by Mr. W. Read, one of the Middlesex magistrates, residing in the Addison-road, Kensington, for ob taining ss. from him after presenting a well-exe cuted petition, purporting to have been drawn up and signed by Mr. R. Green, the clerk of the Ken sington vestry. The petition, which was apparently signed by the Duchess of Inverness, Archdeacon Sinclair, &c., recommended the prisoner for a sub scription to enable him to obtain an artificial leg, as he had lost the use of his own, and also to obtain sufficient money to apprentice him to the trade of a tailor. Mr. Read believed the petition to be ficti tious, and while waiting the arrival of the police ho gave the prisoner the ss. ' as he said, to eomenpslientgettohne, case. Lord M acau l ay, of Holly Lodge, K was waited up on un d er similar eirtunistances, but he refused to give any money until inquiries had been made. Mr. Green attended on the last occa sion, and proved that the petition was fictitious. He also informed the Court that a num ber o f simi lar petitions had been flying about the parish for some months. Mr. Evan Hare, solicitor, and vestry clerk of Putney, said a petition, purporting to have been signed by him, had been sent, with a letter of re commendation: f rom t h e Rev. Mr. Robinson, the incumbent of Putney, to Mrs. Chapman, of Bruns wick-square, Brighton. A cheque for £2 was sent to the Rev. Mr. Robinson, and it was discovered that the petition and letter were fictitious.. Witness had now possession of the cheque and petition. A servant in the employ of Mr. Chapman, of Roe hampton, proved that the prisoner called at their house and requested to sae Mrs. Chapman. As they did not know when the family would return, the address in Brighton was given to him. The prisoner had nothing to say in answer t 9 the charge, and Mr. Ingham told him that he appeared for a len°. time past to have made a very handsome living by means of the fictitious papers. He also said that the prisoner was connected with an artful and clever gang, and he must say there was some credit e due to the ingenious rascality of his friends, for h never saw documents have more the appearance of being genuine than theme before bird . , Ile pentenced 5 Se LADVEHT/SE3INT.j-- SIGHT AND HEARING. --"-roP opticians, 39, TACLES.—POWERPUL TELESCOPES. —OPERA, RACE, ',, - ;i. PERSPECTIVE GLASSES. Messrs. S. and B. selool' / Messrs. Piccadilly. Obseill opposite the York Hotel, W.—Opera, Race-course, Fle d , and general Out-door Day and Night Perspective 0 , 13 ,4 very small, for the waistcoat pocket, each containing I. 'd i s' 18 lenses, constructed of ,German glass. Will s how „ ra g tinctly a person to know them at two-and-a-half and t t e ,t night glasses in miles, and an object from eight to ten miles distant. ! - ti Majesty's Coast Guards are snaking use of them as da3 r e , ferrod for deer -stalking by sportsmen, gentlemen, 4,0 son may Preference to all others ; they are also r o d gamekeepers. Telescopes 31 inches long, by which el g ii object at 12 to 14 miles! distance; and with an extra o s , ii3 cl be clearly seen and known at 3f miles' and nomical eye-piece, Jupiter's moons, Saturn's rings , Do the double stars are distinctly seen. All the above eo n to d had of larger and all sizes, with increasing powers, , o t, are secured by her Majesty's Royal Letters Paten, The Royal Exhibition, 1851. A valuable, 11 ,.,e1? invented, very small, powerful Waistcoat-pocket ul „ c o the size of a walnut, by which a person can be s', o f and known one and a half mile distant. They ansl. every purpose on the Race-course and at the OPe c o houses. Country scenery and ships are clearly ''._e t at four to six miles. They are invaluable for shootol, b deer-st a lkino.,- yachting, to sports men , gentlemen, gsnille keepers, and tourists. Price 30 5 . —S pectacle Lenses (4.4 greatest transparent po wer . Th e great advantage dell; ig from this invention is, that vision becoming impaired to tt Preserved and strength ene d, and very aged persons ~00 enabled to employ th eir s i g h t at the most minute occupg!lis —can see with those lenses of a muc h l ess magnify 10 power, and they d o no t requ i re the frequent changes to % ;10 dangerous effects. of f ur th er powerful assistance. Persua, can be suited a t th e most remote part of the world by send ing one of th e g l asses out of their spectacles in a letter, n,;ot stating the distance f rom th e eyes they can read small IT',4 witli it, and those who h ave no t ma d e use of spectacles Pio statingtheirage. Deafness.---New Discovery. —Th e Orge.4 Vibrator, an extraordi nar ily powerful small newly-inven'' _, instrument for Deafness, en ti re l y di fferent from all 001 0 ;7 surpasses anything of the kind that has been, or probab,% 3 ever can be, produced. Being of the same colour as t",. a . skin, is not perceptible. It enables deaf persons to be' , distinctly at church and at .public assemblies; the unPl e ;. sant sensation of singing noises in the ears is entirely re' moved, and it affords all the assistance that possibly coo be desired.-39, Albemarle-Street, Piccadilly. Observe'' opposite the York Hotel, W. BIRTHS.. f a son. EDWA John RDS.On rds, the o f a inst., at Finsbury, th e w ife Edwa Esq., solicitor, of 15, Coleman-street, FRERE.—On the 13th inst., at 9, Queen-street, Mayfai r ' Mrs. It. Temple Frere, of a son. SARGEAUNT.—On the 18th inst., at 55, Ctunberland-stree t ' Hyde-park, the wife of J. B. Sargeaunt, Esq., barrister at-law, of a son. WITITEREAD.—On the 18th inst., at 25, Clifton-gardeili; l Westbourne-termee, tho wife of Major F. G. Whitehea a t the Essex Rifles, of a daughter. MARRIAGES. STAPLES—THOENE.—On the 18th inst., at St. John' e Episcopal Chapel, Greenock, Henry Staples, Esq., of th e Stock Exchangc,.London, to Sarah Ann, only daughte r of itokirt Thorne, Esq., Greenbank, Greenock. TOTTENHAM—STAPLBTON.—On the 19th inst., at IVlcre worth, Kent, Captain C. G . Tottenham, Scots Fusilie r Guards, eldest son of Ch a rl es Tottenham, Esq:', ° Ballycurry, co. Wicklow, Ireland, to Catherine Eliztr beth, eldest daughter of the Zion. and Rev. Sir Franci s Stapleton, Bart., rector of Meroworth. DEATHS. BAXTER.-011 the 19th inst. at his resid ence , 15 , C an ter; bury Villas, Maida-vale, john Cordy Baxt er , Esq., age" 90. BEST.—On the 18th inst., at 7, Park-place, the infant son of the Hon. Wm. Best. BOOTII.—On the 14th inst., at Brush H ouse , Ecelesfielat John Kaye B oo th , 111. D. of of Brush House, J.P. for th e West Riding, age d 81. . BRAY.--011 the 9th inst., at Castle Bromwich, Warwiel‘' shire, Solomon Bray, Esq., late Town Clerk of Birrg ham, aged 65. HOLIDAY.—On the 18th inst., at 6, St. Edmond' s -terrae°' Regent's -park, G. Holiday, Esq., aged 74. SCOTT. —On the 18th inst., at his residen ce 13, St ra tton' street, Piccadilly, Dr. John Scott, M.D., i.R.C.P., Len don, aged 62. `FARO.—On the 16th inst., the Rev. Philip Ward, vicar 01 Tenterden, Kent, aged 63. Wolff' aged the 16th inst., L a d y G eorgiana Mary aged 64. - - LONDON : Printed and Publishod by MURDO YOUN of No. 112, Strand, Printer,. at The Sun Office, No. 11 " Strand, in the Precinct of the Savoy, in the cou.utY Middlesex: Thursday, Jeauway 20, 1859. ~'~ .ra 0 st ~~ ~ r~~ I .r~r T Jnv l bloc Li Intel 810] SOP DI Autl --___ (Ten that Lead a-piE artis Hug Man ten Bali, Roo] Inenl lug 1 need Tt as t} Fj "Cri bpi educ raim the PIT Box( Otin Tv I of Ti the] tts n thel all t' Won fully Tt O bert,A marl tlige art Ilef e pair vice Corr Nati Phy ford Stan Dr. heal men] the plai and Bent