The Sun. — London, England, 1862-12-03 00:00:00

2HE NAVY. A special report is to be made to the Admiralty of the length of time it will take to complete the I Conqueror, 86, 500-horse power, for tte first divi sion of the steam reserve in the Medway, that ves sel being intended to take the place of the line-of battle ship Meanee, 81, 40 0-horse power, just com missioned for sea Two other large steamers—viz., the Leander, 81, 400-horse power, and the Colum bine, 4, 669 tons, are also fitting for the first-class steam reserve at Chatham, and both are nearly completed. The screw steamer Meanee, 81, Capt. G. Wode hcoaae (1854), having undergone a thorough over haul and examination in No. 1 doe's at Sheerness, has been removed into the steam basin, where sh e is bei ng rapidly complete:l ior sea. About 500 of her crew have already joined, and the remainder of the complement are, expected to arrive in the course of a few days. . 11 4ecording to present orders she is to be completed. and out of the dockyard's hands by the 10th 'Ant., shortly after which she will take her dePar`. ore for the Mediterranean, calling at Spit he -Ad for final orders, 11.1 r. Ward, of New York, United States of Ame rica, who has given his attention in England during the past two years to the improvement of our naval signals as employed at sea, has returned from Liverpool, where he has been engaged in lecturing on the subject of marine tele graphs before the Associated Shipowners' Assembly. lie last night displayed his; improved signal tele graph, suspended on the flagstaff in Woolwich dockyard, by special direction of the Lords Com missioners of the Admiralty. Sir F. Nicolson, C. 8., the Commod.o - re,Snperintendent, and other officers of the yard 1 7fere present. The improvement con sists of a different arrangement of the lanterns, and in tte use of five lamps instead of four as formerly, Which are provided with i ed lenses and dark shades, 'worked from the deck by means of small jack stays. The lamps are triced up as fixtures and are arranged at PAinal distances in a vertical line, and the opera tor stands on the deck beneath. The extra lantern gives the advantage of using RA additional number of white signals, the latter being distinguished at a greater distance at sea than the red. The trials last night commenced at half-past 4 p.m., and extended over two hours, In order to test the superior bril liancy of the signals one of the old Admiralty lan terns was tukuled up the flagstaff, and was pro nounced a mere glimmer in comparison to the new signal.s. The efficacy and speed with which the messages were delivered was remarkable, no less than 100 having been recorded under the lapse of 30 minutes. The lanterns were disconnected and exhibited as steering lamps and ordinary signal lanterns. Sir F. Nicolson yesterday mustered the officers and crew of the screw steam sloop Racer, arrived at Woolwich from North America and the West Indies to be paid off. Her war stores Were yesterday re turned to the Royal Arsenal, and the dismantling will be commenced to-day in basin. Commander A. M. Lyons, R.N., was promoted yesterday to the 'tank of captain. The follow3:0g appointments were made yesterday at the Maniraity :--yjapt. A. W. A. Hood to the Pyle&s; commissioned ; Lieut. the Hon. J. T. Fitz cla)::ence to the St. Vincent, for service in the Sea. lark ; Lieut. Sackville W. H. Thompson to the Majestic ; Robert J. C. Grant, master, to the Py lades ; William N. C. Gould, naval cadet, to the Edgar; John Pooley, paymaster, to the Pylades; C. A. Hobbs, chief engineer, to the Asia, for the Algiers, when the latter is paid off; R. Samp son, chief engineer, to the Asia, for the Arrogant, when the latter is paid off ; Frederick S. Turner, acting second-class assist.-engineer, to the Indus, for the Valorous; W. Vawdrey, acting second-class a stist-engineer, to the Cumberland, for the Con queror ; F. T. Fitzmauriee, assist-paymaster, to the Pylades ; E. S. NI. Power, assist.-paymaster, to the Cumberland ; W. T. Tregidgo, master's assis tant, to the Victory, as supernumerary ; R. H. Warren, master's-assistant, to the Meeanee ; R. Smyth, clerk, to the Pembroke; Alfred Clements, clerk, to the Colossus ; and E. D. Green, clerk, to the Pylades, COMMISSION OF SEWERS. Yesterday a meeting of the members of this com mission was held at Guildhall, under the presidency of Mr. H. De Jersey. Among the commissioners present were Alderman Allen, Alderman Besley, Deputies Un.win, Butler, Farrar, Harker, Fenning, Read, Jones, Larkin, Obbard, Cork, Elliott, and Bower; Dr. Abraham, Messrs. H. L. Taylor, Geo. Walter, C. Phillips, S. Green, C. Young, Blakesley, Stillwell, J. T. Young, Croucher, L. Houghton, T. Symonds, J. Waterlow, J. E. Saunders, Lister, Matthew, Alcock, &c. The minutes of the last meeting were read and passed, after which several applications were dis posed of. Complaints were made by Dr. Abraham, Mr. Matthew, and deputy Cork of the filthy state of the pavements in the City thoroughfares during the past few days. It was urged that it was the duty of the police to see that the inhabitants pro perly swept the footpaths in front of their several houses, and to summon them if they neglected to do so. The Clerk was ultimately directed to communi cate with the City Police Commissioner upon the subject of the complaint. SANATORY STATE OF THE DWELLINGS OF THE POOR. The Clerk laid before the Court a report from the General Purposes Committee, stating that they had had under their consideration the matters referred to them in the letters from the Guardians of the West London Union of September last relating to Holborn-buildings, and also , the letters from the Guardians of the City of London Union relating to White Lion-court, and they had been attended by deputations from the City Unions u pon the sanatory condition of those seve ral premises. The result of their inquiries had been to satisfy them that there was not a suffi ciently frequent inspection of the houses within the City inhabited by the poor, neither was there a suf ficiently rigid supervision made of the works re quired to be done by the Court at some of the houses for their sanitary improvement. The com mittee stated that they had been informed by the medical officer, Dr. Letheby, that the present staff of inspectors could not satisfactorily discharge these with their other duties, and they therefore recom mended the Court to appoint one person at a salary of £llO a-year to be an inspector of sanatory works, whose duty should be to serve all notices for sanatory works, and personally to see that the same were carried into effect in a satisfactory manner. The report was then agreed to. Dr. LETIIEBY then laid before the Court the de tails of the duties of the sanatory inspector, and they wer e re f erred to the committee for considera tion and report. The principal SUPPLY OF GAS. communication Clerk (M r . J ose ph D aw ) rea d a cormniaßio,a ` pr f o ro t m Mr. Pott er , th e so li c i tor to t h e the Eccheq uer Chi e" , , stating that th e j u d ges o f meat in the ease m of I:),e,r on Frid a y l as t gave judo.- Clark e v. the Great Central Gas Consumers' Com Pa e n c 3: : upon the question raised as to the power of the 1860 tomiPany under the Metro polis Gas Act of the price of gas supplied to the public lamp i s ier f e :: judgesr-- 'ts. to 4s. 6d. per Pleas,affirreed the decision 1,000 cubic feet. The the iholding that the of the Court of 'Common conocireased charge. companylhad power to make Dr. ABRATIA3I justified the steps taken in reference to this question, which the to the . h e said, was one of the greatest importance zon9. He could not, however, recommend theecitti. t a ke any further proceedings after tio decision of the E xc hequer Chamber, hut at the same time he thought it strange that neither the Recorder nor w ho were retained by the Coin- Common Sergeant , mission on their behalf, were present when the judgment was given. He thought some inquiry should be made into this matter, and he would move that it be referred to the General Purposes Committee to consider and The motion was agreed to. The Engineer (Mr. Wm. Haywood) laid before r the Court specifications he had prepared of contractS for lighting, extinguishing, cleansing, repairing, and main wining the lamps and carburating the gas to the public lamps within the southern dis trict of the City for one year from Feb. 1, 1863 ; also for lighting the public gas lamps within the north ern district of the City for the same period ; and also for supplying gas to the public lamps within the southern district for the same period. It was decided that advertisements should be issued in the newspapers for tenders for the per formance of the contracts in question. _-r.. _...,,~., THE OFFICE OP SOLICITOR TO THE COMMISSION. It has been decided that the office of Solicitor to the Commission shall be filled up at the meet ing to be held on Tuesday next. The gentlemen spoken of as candidates are Mr. Alexander J. Baylis, ward clerk of Cripplegate; Mr. W. Gresham, high bailiff of Southwark; Mr. Jenkinson, of Cle ment's-lane ; Mr. Roche, member of the Metropoli tan Board of Works, and Mr. T. Davis, of Moor gate-street. SANATORY CONDITION OF THE CITY. Dr. LETIIEBY, the medical officer of health, re ported on the state of 179 houses that had been in spected during the week, and he submitted a list of 30 places for sanatory improvement. He likewise reported that the markets and slaughterhouses bad been duly inspected, and the officers had seized 3,9201b5. of meat as unfit for human food ; 2,9231 b. were diseased, and the rest was from animals that had died from disease or accident. It consisted of 27 sheep, 1 calf, 5 pigs, 24 quarters of beef, and 18 Joints and pieces of meat ; all of it was destroyed. In the course of the week, John Hennell, a butcher of Pool -street, Hoxton, was tried at the Old Bailey for sending diseased meat to Newgate-market, and was sentenced to two months' imprisonment. The mortality returns for the week are above the average for the season. Last week there were 75 deaths, whereas the number for the corresponding week of the last seven years is 65. In the course of the last month the weekly proportion of deaths has risen successively from 53 to 66, 69, and 75. The increase has been chiefly among children and old persons, and no doubt is caused by the damp, cold, and foggy weather. Last week the principal causes of death were as follows :—Phthisis 7, pneumonia 4, bronchitis 14, hydrocephalus and in fantile convulsions 8. There were also 10 deaths from diseases of the zymotic class, half of which were from continued fever. Among the returns is the following :—A man, aged 33, died from cold and want of food ; he was found lying in the pens in Smithfield. 61 births were registered in the week, namely, 27 boys and 34 girls. After transacting some other business the meet ing was adjourned. LAW IN7ELLIGENCE, Dec. 2. COURT OF QUEEN'S BENCH. (Sittings at Nisi Prins, after Term, at Westminster, before Lord Chief Justice Cockburn and a Com mon Jury.) sErmoun V. BUTTERIVORTII.--MR. DIOBY SEYMOUR, m.r., AND THE BENCHERS OF THE MIDDLE TEMPLE. This was an action for libel. The defendant pleaded not guilty. Mr. Lush, Q.C., and Mr. Keane were counsel for the plaintiff; Mr. Sergeant Shee, Mr. Hawkins, Q.C., and Mr. Fisher for the defendant. Mr. Lush said that he appeared for Mr. Digby Seymour, a Q.C., and M.P. for the borough of Southampton, who complained of a very serious libel published by the defendant, who was the pub lisher of the Law Magazine and Law Review, which has been in existence for many years, and was to be found in every law library in the king dom. The learned gentleman, who stood near the jury whilst addressing them, and who spoke with an inaudible voice, was understood to say that this publication, which was taken in by the profession generally, had published what he un hesitatingly termed a scurrilous libel on the plain tiff, and that that gentleman had come before a jury to claim compensation for the attack that had been made upon him, and to vindicate his character. The defendant, by his plea, had shielded the writer of that article, who evidently had some personal feeling against the plaintiff, for his malignant feel ing was manifest and could be traced through the whole of the libel. When he read the publication to them he felt satisfied they would agree with him that it was penned by some person who had &most vindictive feeling towards Mr. Seymour, with a view to crush that gentleman with regard to his profes sional success and political standing. It attacked almost every period of Mr. Seymour's life. It re ferred to his origin and education, as well as every step he had made professionally and politically. Mr. Seymour's object, therefore, in bringing this action, which was the first opportunity he had had of bringing the subject before a jury and the public, was to have a full investigation into all the circum stances that had been the subject of inquiry by the benchers of the Middle Temple. The writer of the article complained of had shrunk from pleading a justification, and had simply pleaded not guilty. By that course he had raised no issue with regard to the truth or falsehood of the charges he had made against Mr. Seymour, and he had placed that gen tleman in the position of being placed in the wit ness box without being able to give any evidence with regard to the truth or falsehood of the charge that had been made against him. All, therefore, that he was enabled to do was to give such a his tory of the circumstances alluded to in the libel as would enable the jury to understand it, and appre ciate the spirit and animus which had actuated the writer. As the writer had assailed Mr. Seymour from the beginning of his career up to the present time, he must give them a history of that gentle man's life. Mr. Seymour was the son of an Irish clergyman of the Protestant Church •, and as the writer had sneered at Mr. Seymour's education and i attainments, he had to state that. Mr. Seymour gra duated with honours at Trinity College, Dublin, 1 and whilst there he obtained several prizes for lite rary productions. On coming to England he was called to the bar in 1846, and he chose the Northern Circuit. In 1852 he was elected member for Sunder land, and he was now a barrister in considerable practice. He very soon became leading counsel at session.. He was engaged in prosecutions for the Crown and for the Post-office, and, holding that po sition, and during the time he was member for Sun derland, he was appointed in 1854 Recorder of New castle, and from that time to this he had held that judicial office. Upon receiving the appointment of recorder he was obliged to vacate his seat. He was not returned on that occasion, but in 1859 he was elected for Southampton, and still represented that borough. In addition to that he was appointed in 1860 Queen's counsel in the county palatine of Lancas ter, which was considered by the bar of the Northern Circuit as a stepping-stone to other dignities in the profession, and he held that rank till he received from the late Lord Chancellor his patent of Queen's Counsel of England. A number of other gentlemen who were also members of the same circuit obtained their patents of Queen's Counsel at the same time, and without disparagement of these learned friends he might say that Mr. Seymour's appointment was justified as much as the others. Shortly after that appointment he received an intimation from the benchers of the Middle Temple, to which inn he be longed, that certain charges had been made against him which they considered it to be their duty to in vestigate. A..r. Seymour was therefore called upon for the first time to answer, not for professional mis conduct, except in one instance, but for other mat ters that had occurred unconnected with his profes sion seven or eight years previously. He was at a loss to know what those charges had to do with the writer of the article in question ; but he did know that they were brought forward after a lapse of years, when the means of exculpation had dimi nished, and which, if true, were more fitting for an inquiry in a criminal court than before the benchers of the Middle Temple. However, so it was, and Mr. Seymour was called upon to answer certain matters unconnected with his professional career except in the one instance he had referred to. Mr. Seymour, like many others in their foolish and giddy days, be came connected with joint-stock companies, and the charges made against him were in connection with them. The investigation occupied a considerable time, and in the course of that inquiry it turned out in the matter relating to his professional career, that some time ago, having got into difficulties and into debt, as the result of his speculations in these joint-stock companies, he became indebted to a soli citor. He was pressed for payment. Being unable to dc pay, ishrg h a eo e ff t e h r e e db d e , ast to o he only means by which he could give up whatever fees came from t hat soul ce. The learned counsel did not mean for one moment to deny that it was unprofessional conduct on the part of Mr. Seymour to do so. The proper Practice. It was the only etiquette of the gar v of liquiCatin hid Sey mour had honestcond s u e c r n -tent justtryina• tiffs g ls that ought t o b - professional man'semad° ''' these char the victim of properly forbade such a tio, debt; and, m()d e no lk t lr fo . ronen it s w ch a a s r n g o e ta moral character Previous gee , being made Mr. Se ymour . certain vague doubt, from his connexion but they took no B against matter a to had been form ,rhe until the investige,.. e rumours, resulting, no circumstances pecifi i c on with those companies, tion before the benchers. con nected with them industriously circulated THE SUN, LONDON, WEDNESDAY EVENING, DECEMBER 3, 1862. amongst his constituents ; and, indeed, at that time, in consequence of the rumours that were afloat, and for some time afterwards, the public was disposed to believe everything and anything that w as sa id. The result of the investigation before the benchers was that they acquitted Mr Seymour of the charges that had been brought against him, but th e y re buked and reproved him for what he had done. About the same time that the decision was made known it reached his constituents at Southampton, and on his arrival in that town for the purpose of addressing them. he found that not only had the in formation reached the hands of many of his oppo nents there, but that they knew also the names of the benchers who had voted, and how they had, voted, and, mistaking the reproof the benchers, hia opponents circulated in Southampton a report that the benchers had found him guilty of the charges that had been brought against him. He also found the town placarded with insinu a tion s res p ec ti ng this in qu iry, at the instance of anonymous and disappointed electors, and he was challenged at the meeting to say if he had or had not been convicted of the charges that had been made against him. Of course, in the state of mind he was then in it was hardly to be supposed that he would be able to measure or weigh with that precision a man would in cooler and calmer moments the words he used on that occasion. He had undergone the most trying ordeal that a professional man could possibly undergo. He felt acutely the charges that had been made against him at a time when promotion had been ac corded to him by the late Lord Campbell, and he felt hurt that the rebuke which had been cast upon him should have reached Southampton. He was, therefore, unable to refrain from alluding to it, and the address which he then delivered to his constitu ents in vindication of these unfounded charges had also been made the matter of attack in this libel. That was an outline of the circumstances relating to Mr. Seymour to which the libel pointed, which it was necessary for the jury to know before they could fuliy understand and appreciate the malignity of the attack complained of; and after he had read the libel to them, he would ask them if it was a fair and legitimate comment upon a man's public career, or whether it was not a malignant and studied attack upon a man for the purpose of crushing him. He was not there to say one word against the liberty of the press, for the action was brought for no such purpose. On the contrary, it was for the benefit of all that there should be free and open discussion; but it was necessary for the maintenance of the liberty of the press that it should be carried on and kept within its proper limits. He admitted that they might discuss in the newspapers the public conduct of any public man, from the highest subject in the realm to the lowest. Every member of parliament might have his public conduct criticised, and what they were doing then in respect to this case might be properly criticised by,the press, but it must take care not to go beyond that. If, however, they went beyond that, and im puted corrupt motives to him, if they attacked him in his private relations, and abused the liberty of the press, such a person was liable to an action for libel. If this paper or publication had contented it self with the mere criticism of Mr. Seymour's con duct in parliament, however severe it might have been, provided it was bona fide, it would not have been actionable, and the same applied with regard to his professional career. A man, there fore, had no right to take, as the writer of this article had done, rumours against an individual and embody them in print as a charge against him. The writer of this article had done so, and had put these rumours into the form of an indict ment, for it was an indictment from the beginning to the end, and attacking Mr. Seymour socially, politically, and professionally. [The learned coun sel read the libel complained ot, and which, as it would fill some four or five columns of our journal, we cannot print.] The learned counsel in continua tion said he need hardly inform the jury that the character of a professional man was essential to his success. The article told the public that the plain tiff had gone through an ordeal painful enough of itself to any one, that of answering charges arising out of professional misconduct that occurred years ago. He had been subjected to a severe censure from the benchers, although they had found that the charges were not proved, except in the one par ticular he had mentioned. The writer of the article had not told the world upon what evidence the benchers had come to their conclusion, so that they might judge for themselves: but he had told Mr. Seymour in this article that he ought to be no lon ger a member of the English bar. The writer hav ing thought proper to shield himself under the name of the publisher, Mr. Seymour had no alternative but to bring his action against that person, and when the action was brought the defendant, instead of offering an apology or a retraction, referred the plaintiff to his solicitor, and in the following num ber was published another article on the subject, which the learned counsel also read. It would be, I he said, for the jury to say whether it was just and 1 fair comment. He called upon the jury to give to the plaintiff substantial damages for this most ma lignant attack upon him, not because the plaintiff wished to put any money into his pocket, but be cause the public in a case of that kind looked to the amount of damages as an index of their mind upon the question submitted to them. He hoped theresalt of the trial would be that the jury by their verdict would say there was r4o reasonable pretence for the writer's stating that Mr. Seymour was a man unworthy to belong to the profession of the law. Mr. Keane handed in the publication containing the libel, which he said was admitted by the de fendant. He called Mr. Seymour, who deposed—l am the plaintiff. lam a Q.C., and member for Southampton. My father was a cleryman of the Established Church in Ireland. I was educated at Trinity College, Dublin, and graduated with honours. In 1846, when at the age of 23, I was called to the bar. I practised on the Northern Circuit. I attended the sessions at Newcastle, Northumberland, and Dur ham; and afterwards Leeds and other places. I had a large business at these sessions, and I was entrusted with Crown prosecutions. I was elected M.P. for Sunderland at the general elec tion in 1852. I was appointed Recorder of Newcastle in 1854. I cannot connect that ap pointment with any vote I gave in Parliament. I know it was stated that the appointment had some relatio❑ to a vote I gave on the Foreign Enlist ment Bill. I had voted in favour of the measure previously to the recordership becoming vacant or of there being any probability of it. I had told my constituents before that I should support the mea sure. My vote was not at all influenced by the ap pointment. I was not re-elected for Sunderland. I was elected for Southampton at the general election in 1859. Between the two elections I continued to be in extensive practice both in London and on circuit. My practice steadily and considerably in creased. I was appointed Q.C. to the County Pala tine of Lancaster by Mr. Baron Martin, with the assent of Mr. Baron Wilde, who was travelling circuit with him. The appointment received his express sanction. Both these learned judges were members of the Northern Circuit at the time I joined it, and continued so till their elevation to the bench. In the spring of 1860 I drew a bill and brought it into the House of Commons, relative to the Admiralty jurisdiction. Tr,at bill passed the House of Commons before I was appointed Q.C., and had gone up to the Lords. It received the ap proval of Lord Brougham and Lord Cran worth, but it did not pass the Lords. I gave notice in 1861 of my intention to again introduce the bill. I after wards received a letter from the late Lord Camp bell, to the effect that he approved of the measure. I gave way, and the bill was introduced into the House of Lords. I then considered it a Government measure. It ultimately passed, and is now the law of the land. Lord Campbell's letter was dated the 14th February, and on the 19th I received a notifi cation from his lordship that I had got rank as Q.C. I was app Anted in 1861. A large number of gentlemen were appointed at the same time ; amongst them several of my contemporaries on my own circuit, with whom I had attended sessions and fought the battle of business for many years. There was no political pressure used or bargain made as to my appointment as Q.C. As to pressure, I should have thought it hard if had I been passed over, considering those who were to be appointed. The Lord Chief Justice—You say no pressure was used ? Plaintiff—None, luy lord, directly or indirectly. Mr. Keane—And that Lord Campbell e was pr e i e t e e ever i c s r o e n g v r e e y t e a d t h t o a v y i n o g u ap p po la in in te t d iff— yo u u n Ci til C i P saw it in the article referred to I never had any season t o suppose so . I went to e d address ng s th t a o t mh had constituentstake taken place proceedings I S o r u e f t e h r a r m e d p t t o n n s , o a m n d e before the benchers of the Middle Temple, part of which is published in this article. I found the town placarded when I got there, together with a copy of the benchers voting. It had been industriously cir culated about the town. The statement in the article as to the manner in which I received the intimation of the so-called merciful view of the benchers is an entire perversion of what occurred. I heard the judgment, as I call it, read over to me when I came into the room. When it was over I said, " I thank the benchers for their finding with regard to the principal charges." I then referred to the observa tions on Robertson's case, and I said that, although they acquitted me with romantic generosity because I consented to set him free from an engagement which he had entered into at our common risk, many years would not roll over before they would be pre pared to admit that they had not done justice to my motives or my character. I may have spoken with feeling ; but I certainly shed no tears. If I acted in an abject spirit I was not conscious of it. I wrote the protest in Jan., 1862, and on my return from Southampton I added the poqtscript. My voting in Parliament had nothing to do with my getting silk, The Lord Chief Justice—You were at that time then supporting the Government generally? Plaintiff—Yes; I supported the Government both by my speeches and votes. I published a hook for private circulation with reference to these charges. There were several names mentioned in it, and these persons objected to its publication. On my pressing them strongly they withdrew their objection, and I then sent copies to my friends, to the members of the House of Commons of position and influence, to the members of the House of Lords, to various members of the bar, and to many of my friends who wished a copy for the clubs. Mr. Sergeant Shee proceeded to cross-examine the plaintiff, but had not concluded it when the court rose. The further hearing of the ease was adjourned to this day (Wednesday). ASSIZE INTELLIGENCE. HOME CIRCUIT.—MAIDSTONE, DEC. 2. (Before Mr. Justice Byles.) EXTRAORDINARY CHARGE OE MANSLAUGHTER. Major Murton, 52, a respectable-looking man, who has been for a great many years engaged in extensive basiness as a farmer, near Chatham, was charged upon the coroner's inquisition with the manslaughter of his wife, Lena Murton. Mr. Russell conducted the prosecution; the pri soner was defended by Mr. Ribton. Mr. Russell, in stating the case to the jury, said prisoner occupied a farm called Port Lodge, near Chatham, and he had been married to the deceased, who was about his own age, for 30 years at the time thn occurrence took place that was the subject of inquiry. He said he believed it would appear in the course of the case that the deceased was addicted to drink, and that at the time of her death she was suffering from an affection of the liver and the kidneys. In other respects, however, she was healthy ; but supposing the jury should be of opinion that these ailments had anything to do With her death, it was right he should inform them that it was an undoubted principle of law that if the death of any one was accelerated, even in the smallest possible degree, by an act of violence com mitted by another, the offence would amount to murder or manslaughter, according to the peculiar circumstances of the case. The fallowing evidence was then adduced : Mrs. E. V. Walter said—l live with my husband at Chatham. The prisoner is my father, and the deceased was my mother. On Thursday, Oct. 23, I saw my father at Chatham, and in consequence of something that I heard I made up my mind to go to Witchling, where my father and mother lived and occupied a farm, called Port Lodge. Port Lodge is 15 miles from Chatham. I set out on foot, and my father overtook me in a cart. He had two women in the cart with him, named Elizabeth Whitbread and Sarah Collier. I got into the cart and rode with them to Port Lodge, and we arrived there about 11 o'clock at night. There was only one servant in the house, and the only other person who was there at this time was my mother. When we got to the house my father and the two girls went into the parlour, which was the best room. My mother was in the kitchen. My father ordered some bread and cheese and ale to be taken into the par lour, and this was done, and he and the girls had supper together, while my mother was sitting in the kitchen. They were about half an hour at supper, and then my father went to bed with one of the girls, Elizabeth Whitbread. Before this he had said it was time to go to bed, and Whitbread said she would not go to bed while my mother was in the house, and she also said that if she had known she had been there she would not have accompanied my father home. When she said this my father be came very excited, and said he would soon clear the house, and went into the kitchen where my mother was sitting. He had a hunting whip in his hand, and he struck my mother with it on the head. He held the thong and the handle in his hand, and he struck her with both, but it was only a slight blow. When he struck her he said to her, " Get out, or I will kick you out." My mother did not offer to rise from her chair, and the prisoner laid hold of her by her arm, and pulled her out of the chair, and threw her across the room, and she fell down. He then took up the tongs that were in the fire place, and struck my mother across the thigh with them. He struck her once, and it appeared to be a hard blow. When he did this I interfered, and called assistance, but no one came, and I stood before my mother in order that my father might not strike her again. The house at Port Lodge is rather lonely, and there are very few other houses near it. I went out to see if I could obtain any assistance, leaving my mother sitting on the floor, and when I returned she was in the same position, and I got her up as well as I could and put her into the servant's bed. I cannot say the exact time my father went to bed, but he did so very soon afterwards. I have no doubt that the girl Whitbread slept with him, as I saw her in his bed in the morning. My mother did not get up until about noon on the 24th, and she com plained of pains and said that she was very poorly, and she went to bed and got up two or three hours during the day. She continued to complain until the Sunday following, and she was taken on that day to the house of Mrs. Clifford, the sister of our servant. I returned to Chatham on the Sunday, and before I left the two girls, Whitbread and CiAlier, went out for a ride in the pony cart. I did not see my mother again until the Thursday afterwards, and she was then very ill indeed, and appeared to me to be in a dying state. On the Saturday before her death she told me that she was going very fast, and she made a statement to me afterwards. The witness was about to give the statement, but Mr. Ribton interposed and objected that it was not legally admissible. Mr. Justice Byles inquired of the witness when the deceased died. She replied that she died on the day following that on which she made the observation that she was going very fast, and she made the statement to which she referred only a few hours before her death. Mr. Justice Byles said he was of opinion that un der these circumstances the statement was admissi ble as a dying declaration made by the deceased. proceeded with her evidence. before my mother died she said About The witness three hours to me, " That wicked man (meaning the prisoner) has been the cause of my death." She afterwards said that he had caused her death by turning her h th rs en out of the house. A week before the 23d of Oct,ber, and down to that time, my mother was quite well, and performed all her usual occupations about the house, and assisted the servant in wash ing and churning. She was a little addicted to drinking, but I had not seen her intoxicated for some time before the day in question. She was quite sober at the time my father acted towards her in the way I have described. On the day before her death she complained of pain in the thigh, where the prisoner had struck her with the tongs, and she showed me a mark. Cross-examined--I believe my father and mother were married, but a short time back I heard my father say they were not. They were always consi dered as man and wife, They did not live very hap pily, and I believe something had been said to the effect that my mother was to leave him and go to live at another farm a short time before the 23d of October, but the place was not ready to receive her, and it was arranged that she should go temporarily to Mrs. Clifford's. lam not aware that the reason why my father and mother lived unhappily was her being addicted to drink. At one time my father wanted me to go to Port Lodge and be his house keeper, but 1 would not leave my husband. The girl Whitbread had been known by our family from a child, and when I saw my father at Chatham on the 23d of October, I understood from him that he was going to take her as housekeeper, and that she was to accompany him home at night, and the other girl (Collier) was merely to go with her. I also heard him say something to the effect thiA my mother had either gone, or was to go, on the fol lowing morning. My father asked me to ride with them when he overtook me on the road, and I did so, although it was very improper that he should take the girls home with him. After I put my mother to bed I went into the room where my father and the two girls were at supper, and I had some tart, and also drank some ale with them. The girl Collier slept in the same room with me that night. It was after they had supped that Whit bread said she would not come with my father if she had known that my mother was there. I do not remember saying when I was before the magis trate that my father struck my mother on the shoulders and not on the head. Mr. Justice Byles said he thought that in the in terest of justice he ought to put the deposition she had made previously into her hand, in orde: that she might see what she really did say, and he ac cordingly did so. _ _ Thewitnesshaving looked at the deposition said —I remember now that the prisoner struck my mo ther on the sho u ld ers w ith th e th o ng of the whip, and he did not strike her on the head. I also said that he threatened to chuck her out of the house, and I made a mi sta k e w h en I s t a t e d that he said that he would kick her out. My mother was a large stout woman. I swear that he did not lift her out of the chair i n or d er to ass i s t h er to bed. The two girls drove o ut on t h e S un d ay by themselves. I be lieve that some arrayarrangement had been previously made that my mother s hould go to Mrs. Clifford's until the oth er p l ace was rea d y f o r her. g Re - examined—During all the time my father and mother lived tog e th er they were reputed to be man and wife, and it was not until two or t hree months ago that I h ear d my f at h er sa y they were not mar ried. My mother never said anything to me to the same effsct, but on the contrary, two or three hours before her death, I put the question to her, and she told me that she and my father were married. I never heard that my mother had consented to leave the house, and so fur as 1, could judge she had no intention of doing so. I knevi the character of Whitbread, and I thought she was a very improper person for my father to take into his house. Harriet Russell said—l was servant to the pri soner at the time in question, I remember his having to go to Chatham on 'Wednesday, Oct. 22, and before he went away he told me to preOre the best parlour, as he should bring a friend home that night. He did not return Oft the Wednesday night, but he came home on the Thursday night, accompanied by the two girls and the witness. Mr. Robinson, a surgeon at Brompton, near Chatham, proved that he saw the deceased on the day before her death, and she showed him a bruise on her left thighs which was as large as the crown of a hat. She was evidently sinking at this time, and died on the following morning, Upon a post mortent examination he discovered that the liver was very much enlarged; and the heart and kidneys were eleo very considerably diseased. She might, however; have lived a considerable time notwith standing the diseased condition of these organs; and he expressed his opinion, founded upon the evidence he had heard, that her death had been accelerated by the shock to her system that was occasioned by tha violence inflicted on her by the prisoner on the night in question. He also said that the liver of the deceased being in the condition he had stated was very likely to be severely influenced by such a cause as the one referred to. Mr, Joy, another medical gentleman, gave evi dence of a similar character, and this closed the case for the prosecution. Mr. Ribton having addressed the jury on behalf of the prisoner, Several witnesses were called, who gave the pri soner the character of being a kind and humane Egan. Ihe Jury in a quarter of an hour returned a ver dict of guilty. Sentence was deferred. OXFORD CIRCUIT—STAFFORD, Dec. 2. (Before Mr. Justice Mellor.) James M'Donald, 20, striker, and James Howlett, 18, striker, were convicted of feloniously assaulting Joseph Roberts on the 2d November at Wolver hampton, and stealing from his person three halt crowns. The prisoners watched the prosecutor lease a onffeehouse at about one in the morning, and in a much frequented thoroughfare, and in the sight of at least three passers-by who were only 10 yards off, garotted and robbed him of 7s. 6d. Sentence, four years' penal servitude each. Henry Ciwynne, 30, boat-builder, was convicted of two burglaries, the one on the 28th and the other on the 31st of July, at Tipton, both on the pre mises within 10 yards of his own house. Mr. Justice Mellor sentenced the prisoner to be transported for 12 years. MIDDLESEX SESSIONS, Dec. 2. (Before the Assistant Judge.) I BAD BOY.-IMPRISONMENT WITH TWO vnurriNcis. Wm. Small, 14, was found guilty of stealing six pairs of slippers, value 65., the property of Robert Steel, while hanging up just inside the shop, round the window. The father of the prisoner said he was a very bad boy. He was a dairyman, and had a milk walk. He had employed the boy, but it was no use, for he would run away; and further, he had taught the younger children to steal thiags at home, so that he had to send him away to his aunt. The boy had been run over, and both his hands were crippled, so that if he was inclined to work, it was not overy kind of employment that would suit him. His lordship regretted he could not send him t o a reformatory, as he was over 14 and crippled. He would however send him to the House of Correc tion for six months, to be there employed in suit able labour, and during that period he would be twice well whipped with the birch, 18 stripes to be given at each whipping. As his father was will ing to receive him at the termination of his impri sonment, he would be forwarded to his house to be then dealt with by him. ENTRY WITH FALSE KEYS AND ROBBERY'. Wm. Geo. Pybus, '2O, labourer, was indicted for stealing a timepiece, value £6, the property of James Crocker. The prisoner pleaded Guilty. The prosecutor was a furniture mover, and the timepiece produced had been taken from his house by means of entry with false keys. A police con stable found the timepiece in prisoner's possession, as he was walking away with it, and he had an open knife up his sleeve. A former conviction was proved against the prisoner. His lordship said he was a daring thief, and sen tenced him to three years' penal servitude. John Roberts, 55, commercial traveller, pleaded Guilty to stealing two blankets and other articles, the property of Richard Jenkins. There was also a second charge against him of stealing four blan kets and other articles, the property of Thomas Vaughan. The Prisoner said he was actuated by distress to the commission of the robbery. Sentence—Six months' imprisonment, with hard labour. William Barrett this day appeared in the court in discharge of his recognisances. It will be remem - bored about two sessions ago this defendant was charged with a misdemeanour, together with two other persons, he being the owner of a house of a disorderly character, and the two latter persons with being the occupiers of the same. llr.Barrett was a man well-known in the parish of St George in-the-East, and took an active part in the proceed ings which were instituted b 3 the parish authori ties against the Rev Bryan King for Puseyite practices ; he had served the office of churchwar den and overseer, and had been a member of the vestry ever since the passing of the Metropolitan Local Management Act. At the trial a doubt was raised whether the owner of a disorderly house could be made jointly responsible with the occu pier, and the question was reserved for the decision of the Court of Criminal Appeal, and that court decided that he was not liable, and the conviction of this court was reversed. The A.,sistant Judge said—The point of law which was reserved in your case has been decided by the Court of Criminal Appeal in your favour, and I have now to order your recognisances to be dis charged. At the same time I should think I failed in my duty if I did not caution you as to your fu ture conduct. It seems strange that a person who bas filled the offices of overseer and church. warden in his parish should be a party to receiving the proceeds of profligacy in the shape of rent, for such tenants as these. The law requires something more than you have done to bring a person within its operation, you must be careful not to overstep the line, for if you do you may find yourself con victed of the misdemeanour for which you have been tried. Mr. Barrett said—Your lordship must recollect that at the trial it was stated I had already paid upwards of £lOO for turning some persons of this character out of one of my houses, and I shall now pay as much for not interfering. But in justice to myself I most solemnly assert that these persons were not my tenants. They were tenants to a per son who had been my tenant for nine or ten years, and I knew nothing of their proceedings. The Assistant-Judge—lt passes the bounds of human credulity to believe that you, who were taking the rent weekly, could be ignorant of the vile trade of these people, Mr. Poland (counsel for the prosecution) said a written notice was given to him. Mr. Barrett--It was left in a letter-box, or put under the door, and 1 never saw it until this pro secution was instituted, The Assistant Judge—Well, I advise you to be more eat eful for the future. PRESENTMENT OF THE GRAND JURY. At the conclusion of the duties of the grand jury the Foreman said it was the desire of his brother jurors to make to his lordship a presentment, and to express a hope that he would present it to the Go vernment with a desire that some remedy would be provided for the evils which prevailed. It was as follows : .6 We, the grand jury, now assembled at the Ses sions House, Clerkenwell, cannot terminate our offi cial duties without intimating our opinion to the court that the serious outrages upon persons, and the robberies now so openly and unceasingly perpe trated in the streets of the metropolis, demand the immediate attention of the Government, and espe cially the attention of the Secretary of State for the Home Department. " We consider it one of the most important duties of a Government to adopt means best calculated to repress crime, and to afford due protection to the lives and property of the people ; and we have ob served with anxiety and alarm the modern system sanctioned by the Government of remitting a portion of the sentence of imprisonment passed upon con victed criminals, supplying them with tickets-of leave, and in ou r o pi n i on th ere by a ff or di ng f ac il i ties for again inflicting gross outrages upon persons and property. " We consider the present alarming state of inse curity to perso n an d p ro p er ty, an d the manifest in ability of the police, under present regulations: dulywhich to protect the public from the gross outrages are constantly occurring to the scandal of he means o the me tropolis, to reflect upon the competency hitherto adopted by the Government re nder effec tive the po l ice force , and we consider that the large amount annually paid for the main tenance of that force entitles those who pay it to demand adequate protection for themselves and others. " We consider any system of management in her Majesty's gaols to be most reprehensible which per• mits connoted criminals and felons to enjoy a better dietary and more advantages than are afforded to the aged and unfortunate poor in many of the unions and parochial workhouses, and we think the atten tion of the Secretary of State for the Home De partment should be directed to so patent and disre putable a fact. " We consider that all punishments awarded by a criminal court should, except in special cases, be fully carried out, and we think that any interfer ence with sentences passed by the judges or the magistrates, unless it can be shown that such sen tences were improper, are likely to prove bad in principle and mischievous in effect ; nor can we avoid observing that such interference appear to us to be an affront to justice, the law, and its officers. "We very respectfully requestthe Court will order that this, or a copy of this, our memorial or pre sentment, be forwarded to the Secretary of St , te for the Home Department, with our further request that he will submit the same to the consideration of her Majesty's Government, " THOMAS BLAILEMAN, Foreman "Dec. 2, 1862. (On behalf of the Jury)." The Assistant Judge said it gave him great satisfaction to receive the presentment of the grand jury, and he would have pleasure in forwarding it for the consideration of her Majesty's Government. The grand jury were then discharged with the thanks of the county for their services. POLICE INTELLIGENCE.—Dee. 2. GUILD HALL.—Mr. James Phipps, of 36, Lower Belgrave-street, was summoned before Alderman Hale for assaulting Mr. Thomas Nicklinson, a sales man in Newgate-market, and there was also a cross. summons against Mr. Nicklinson for abusive and threatening language towards Mr. Phipps. Mr. Sleigh, instructed by Mr. Pearce, the solici tor to the Butchers' Association, attended for Mr. Nicklinson ; and Mr. George Lewis, jun., appeared on behalf of Mr. Phipps. Mr. Nicklinson said he was standing in front of his shop about 7 o'clock in the morning, on the 29th of last month, when Mr. Phipps came up and stood in front of his door for some time, and then went away. He returned in a few minutes, and on pass ing witness pushed against him very abruptly, al though there was plenty of room for him to pass without touching him. He saw that the push was intentional, but took no notice of it until Mr. Phipps came past a second, third, and fourth time, and pushed against him each time. On the last occa sion he was standing in the roadway, and Mr. Phipps passed in front of him after nearly pushing him down. Mr. Phipps struck him with his elbow on the chest, and he staggered from the force of the blow. He said he had a good mind to slap his (?Ir. Phipp's) face. John Loscombe, foreman to Mr. Wilson, of Mason's-alley, Coleman-street, said he was in the market on the morning in question, and saw Mr. Phipps in p issing put his shoulder on one side and push against Mr. Nicklinson. Henry William Ellmer, a salesman, said he was in the market, and saw Mr. Nicklinson standing in the roadway in front of his own shop. He saw Mr. Phipps knock up against him with his shoulder and turn him quite round. Mr. Phipps passed at the back of Mr. Nicklinson. John Boddy, a salesman's foreman, said he saw Mr. Phipps pass behind Mr. Nicklinson, and in doing so push against him and turn him round. Mr. Lewis stated that it is customary in the market to give a ticket stating the quantity, weight, and price of meat, but not a receipt, and on one occasion Mr. Phipps was called upon to pay , for his meat a second time. He con sulted his legal adviser, and in the absence of a receipt, was not recommended to contest the claim, but to pay the amount. He did so, and from that circumstance he was induced to forward to Somerset house the unstamped receipts which had brought him into such odium in the market. The assault deposed to really did occur, but the person commit ting it was Mr. Nicklinson himself, for when Mr . . Phipps passed behind him he sudden l y bent his body forward, by which means the hind part of his person came in contact with Mr. Phipps. Alderman Hale said he had heard the evieence and considered it very attentively, and he must say there were very serious discrepancies, which he found it impossible to reconcile in his own mind. Mr. Nicklinson had sworn that Mr. Phipps passed in front of him, while his witnesses swore as posi tively that he passed behind him. That was the most material point in the whole case, because the defence hinged upon that one fact. He could see there was a strong feeling against Mr. Phipps for merely doing his duty in causing the law to be en forced in Newgate-market. Really he could . not see why butchers should be exempted from giving a penny stamp on receipts for money any more than any one else. He should dismiss the summons against Mr. Phipps. Mr. James Phipps said he was a butcher, carry ing on business at 36, Lower Belgrave-street. He was also a brewer at Chelsea and Brighton. On Saturday last he was in the market, and, being obliged to pass Mr. Nicklinson's shop, he passed behind him, and as he did so Mr. Nicklinson pro truded the lower part of his person so as to knock against him (witness). This occurred two or three times, and on the last occasion Mr. Nicklinson turned round suddenly and struck him (witness) with his elbow on the chest. He attempted to pass in front of him, and as he did so Mr. Nicklinson pushed him up to his shop. Witness asked him why he insulted him so, and in reply he (Mr. Nick linson) called him " a -- liar," and, after push ing him again, said " You are a liar, -- your eyes. I should like to give a-- good cut in the face." Witness made use of no irritating or impro per language towards Mr. Nicklinson. Alderman Hale said that when the former com plainant was before him two or three weeks ago he cautioned the market people that they would find the law too strong for them, that they had better let bygones be bygones, and transact their business with Mr. Phipps with that harmony which would be conducive to the interests of all. He had cau tioned them that the systematic annoyance of Mr. Phipps and the combination to prevent him buy ing meat in the market amounted to conspiracy in law, and he had hoped that the caution would have had its effect, and that he should have heard no more of the matter. Mr. Phipps's conduct through out had been extremely creditable to him, and, entertaining that opinion, he should fine Mr. Nickinlson 40s. and costs. In doing so he warned the butchers of the market that if they continued to molest Mr_ Phipps their next appearance would be at the Central Criminal Court on a charge of conspiracy. Ferdinand Arthur Newman, lately carrying on business in Fenchurch-street in the name of De Nieman and Co., was brought up on remand before Alderman Besley charged with conspiring with a man named Pearson, of Noble-street, to defraud Mr. Walton, a woollen manufacturer, of Bradford, in Yorkshire, of goods to the value of £l,OOO and upwards. After hearing various witnesses, Alderman Bes ley said it was a very complicated case, and that for the ends of justice he must remand the prisoner without accepting bail for him. MARYLEBONE.—George Lines was charged on remand with brutally assaulting and robbing Mr. Woodward, assistant to Messrs. Eglese and Thomas, jewellers, 136, Oxford-street, on the night of the 12th ult., opposite Maitland-park-villas, Haverstock-hill. Mr.Ed ward Lewis, of Great Marlborough-street, appeared for the prisoner. From the evidence adduced upon the former occasion, it appeared that Mr. Woodward was pro ceeding towards his home, when he was knocked down and robbed. His collar was cut with a knife, which one of his assailants held is his hand. On the case being called on to-day, Mr. Yardley recalled the prosecutor. He said, —I cannot fix the time of the assault exactly. but should say it was about 5 minutes after 11. I met the policeman at the entrance of the park after I had run back about 300 yards. One of the men who assaulted me ran away one way and one the other. Cross-examined—This park consist of new houses. There was a gaslamp near the spot where the man attacked me. The gas was alight. When fi rst ac costed the man was slightly in a dvance of me, kl? that I could see his face. Th e attack wa s immedi ately after I had been asked for money by both men. 1 noticed that the man in front of me had his coat buttoned over a smoke. (The prisoner was now h c is oa fe t a o t on. res. Th l e dressed in a drab cloth coat and a mo leskin jacket.) man l thouhgadhtwthhieskperrissr aenrdh aldobasfeursvteidan was at home ill; that is thereason:wwaassinnoctomouptabney fore to look after him. I had not been with the police, I had been round with Mr. Thurloe, a b dh u iids il e d nm e o r t: , o f o f r m other erly them of the outrage employing the p risoner. wentsuspectedto hi s works, me nle nb in n t ploy', and some of th em _ might answer the descrip gentlemen, telling when Mr. Thurloe s aid he bad so there. Mr. Thurloe fiti,ol i c l. the O ni n e M n o w ild h a o y m l l was not there on that occasion. O n (3. ha asked me to go to Kilburn , the next day burning ballast. He did no t where men were had summoned him for wage s . tell me the prisoner Mr. Thurloe said, without When we got there "Now, be careful; there pointing to any one, round." H e did not is a lot of men here; look that attacked me. T say that the man was there The attack lasted a Tninute, or a minute and a half, I swear prisoner is the man., He had on his head at the time either a cap wit ea high top to it, or a low crowned hat. The 111,94' behind me had a round hat, but I did not see features. Stephen Charlwood, 225 S, said—On the nig b it t of the 12th I was on duty on Haviaratock-hilawl?o' I heard a gentleman call " Police' in the di recrl 4 of Maitland-park. It was about 20 minutes to the Previous to this I saw two men w alkin g dowo leo hill. One was dressed like a navvy , and the lathe was in a dark da'ess. It was close by the elotr°o( to Maitland-ark, I saw th em about a quartet ia an hour before I heard the c ries of pol They had got nearly to the toll g ate before re,°ch, Let ing Maitland-park. I could not swear to eitliipei of the men, although I looked at thoni stil e bi got under the lamp. I was Oa the of the way. When I heard the' calls , or e r o d e I went to the spot from which they tarocCed from tb met the prosecutor, who wag bleeibing fr° , t ad ° t neck. I could not see any one else aboil, place looking at the place where the struggle to. I picked up a portion of the prosecutor's chain. a pare' Emily Aylward, servant at 9, Maitlana tie villas, said—Between half-past 11 and a qu' irt a e hil 12 on the night of Wednesday, the 12th ult., lice. oppeosite I was in bed, I heard a dreadful cry of I got up, and looking out of the window kt, tb/ gentleman calling " Police," and a man I"' IV prisoner run from him and past the lamp-P° st ' oa' following morning I picked up a purse in ru e t ret den, and told my master of what had occurre the the previous night, and he took the purse t o ° ,,rei' station. I could not swear to the m an s fr'ai° The prisoner's dress is much like th at of the tv!' who ran past the lamp-post. I cannot sac l ' )/1 conscience that prisoner is the man. oile d° Jordan, 205 S, deposed that priso ner beckao him and said he had been stopped b y two ID robbed. Heal, 322 S, said he was called to Abbot0:00. Kilburn, to take the prisoner, and on he the charge to him, he (prisoner) said, The eo man is wrong this time. I will go with s' °u 'af James Therloe, builder and contractorao ,0 , George's-terrace, H a verstock-hill, said-11°1001 risoner. He has been At work f or me for sem or months and resides in Duke's-place, about Srai 900 yards from Alaitlandatiazk. I nut b til )a e there now, and prisoner had been elm by. I know nothing about this affair. known the prisoner for months. I alwa . ,vs i c lia l ec ir l ployeict, him an honest, hard-working man. Un ..ri ,o e ' 0 00 1 cumstances which I heard, I told Mr. " ..°- ro or) ,,' that I had men in my employ, and we wen t op, as from the description he gave I thought he t' I 0 ' point the man out. I did not point this rem as having been in my employ. o ec 6( t Cross-examined by Mr. Lewis—There We s 0 5 ' any dispute between myself and the p risoner o be 0 wages. He summoned my son once f or fell r work done one morning. I had a likittif g ivo oo l , man, knowing him to be married and bs,:aiae family, and also knowing him to conduct tf well. t Mr. Yardley said that the case as it stood ebehO sent rested upon the prosecutor's testimonY ,W id sworn positively to the prisoner. lie °I- I p withdraw the case from a jury. t poi Mr. Lewis said he had some evidence which might induce his worship to alter his ae Of and made a most energetic appeal in ftiv°llr,a fete prisoner; after which a number of wittlbs called with a view to prove an alibi. The prisoner was then again remanded. I 4 1613 WORSHIP-STREET.—George Vincest,itY labourer, was charged with violent ass°. robber. Robert Sparks, residing in Essex-stret al h t ; end, said,—On the night of Su nda y , the 2 b a t t' ) , t between 11 and 12 o'clock, I got ou t of °'3„atre Mile-end gate, and turned into NartharoPt% O n , as my nearest way home. Suddenly ° c ir cle started from a doorway , o ne of whorl; s true —a re', t er rible blow under the left ear. 1 fell, +“1,0411J ceived another blow under the right ear, aft er me , my assailant, I believe, threw himself up °ll — rje tr3 was whether any e do one approaching I was placed under a heavy weight. So ule ° le I° ‘ rifled my pocket. 1 became almost insensib irod, I don etii,aC't r i o n ae th h a in t state. ants, but on arriving at my goduissetlur absenertntlii;(lltl all I had lost was about 7s. 6d. and mY 11 . a ti; 0' not think the other man struck me; I thtn:,,a , not. I indistinctly recollect that the mert ferent ways. the l Mr. Cooke—Are you quite po sitive as to soner's identity ? Complainant—Quite, and another per e , also prove that it was they who attacked rn_. 15 0° J Sergeant Earl, K division —That perso, here to-day. On the Sunday in question ' o f )I ' 4 of this outrage, and went to the resideneed raore3 Sparks. He was then very ill, and I o bserv e o fOj e f of violence beneath the ears. He and a perso n la te s t West gave me a description of the wail' thilaeoce . telling me that he had observed a distut-optotie,i the spot in question while standing O we off at the corner of the street, but that he ° iicl it to be a drunken squabble, and therefore_.'egl approach. One of the men was described ce i : o 0 5 t , a " white slop." On ascertaining that W il d cr a ` f :a was in custody yesterday for drunkenness il gr. 11 ' I? ing a disturbance, I took Mr. Sparks ° e li to the station-house, where each separativote v 3, fled him from three others as the persol i tbe tid e Mr. Cooke remanded the prison er for ante of Mr. West upon a summons. COUNTRY MAILKL:i6. ---- • - 01 LEEDS—TUESDAY. , yeg, e 4 l 4' tl' ‘ We have a very large show of grain, both by l',i r ie o ; railway. The condition of wheat is much autoor,r.ori: weather, and sales proceed slowly at r ather o cian4o o ' Fine barley commanded last week's rates; , a , c i f ° l oi . dull of sale, and lower. Other articles vie r-, rather cheaper. 01 LIVERPOOL—TUESDAY- doceleh At our market to-day there was a fair att%lg O r atP: a quiet business transacted, sales of whea t be fl, c ' e ttP i ` t by large arrivals. Prices in favour of buYe r % slo" and prices same as last Friday. Indian coill and prices tending dowards. --- , 0 013.651,0°: MARKET HARBOROUG-11 113, 0 p e r 31' ' l e White wheat, 52s to 54s ; red, 46s to 5 per ; Barley at 36s to 40s per qr., grinding 30s ' to 0 , 0 0 Oats, 27s to 30s; new, 22s to 2 4 s pe r 24 st.; 44s per qr. . 03 SHEFFIELD—TuEsDAY• , o vee - ' 0 Trade has slightly improved sin ce the prevled. - - wheat were not%Ce.s ;o• ~, ~, Ow ‘I,PO e o l ,0 3 the rates of that day for whea. - --- --.... A toso, Red wheat, per lead of 3 imperial bushels.•„,2s 04: , 0 Lao , White 27 •• I' .. i ;O .itv o d to 19 4 ,A New red • . .20 5 6a to 04 ( 6 5 , , New white ,, .• 16$ Oa t° 3°,04 Beans ~ ~ *** . 663 oci t° 3' ( l4 Peas, per qr .......................... . 3 0 3to , o , G rindmg barley, per qr ......... .35s O a to 0 Malting ditto, ~ Oats ~ ....... _.. . _ _ .......... n* atoll. ,ts Flour, is 9d to 2s ld pei , 1 , , ifl )e. :;; MELTON MOWBRAY—Tq,s,4I‘IO,t°A ; The following were the currencies •• - ,,,'P vi er ' 3 ,: f 3 5 vt io f beans, 50s for old; 52s Od to 56s Od ; old 38 s to Per barley, 36s to 40s for malting, (1. 30s to 3 .'" ,an grindino• • , oats, 22s to 34s Od per 24 stop 40 t 0 1 '.)4 nreeldv, sorts,4Bsod to 0,708 P er 9r' White LYNN—T-O E BEOAT* •160 tu 46s to 49s Barley.* • ** t° / RRed '° ..42s to 44s I grinding•••' . to Beans New .36s to 40s Oats.. ...... .. --s to —5 I New . IRON Railroad CRoAullpLaWnyAYareChAaßvßinlr ir:gortS.carsdif ted tict on their road. lighter It i s supposed that they will „Pv over and stronger than wooden cars, last WO° and be much more secure from accident. MThcoe penr 0.4_11:011r", Be 2 rd—hurns BIRTHS . the wife of Reilly Bail'', Cook,the 30th ult.,Eat reornt CHARLESWORTII.—On the 2d inst., th 9 wife I f a ell' " 1- Bitfaoiltr,ut.h—eOwniftehoof 3 11 0 t o h r auclet r a o t s k q e 4:, E C s h g e . s , t o e f rfi a e . l a .d a - uo s t , t 'l3 o ,ol o : Samuel Charlesworth, of Limpsfield RectorYlv the 30th ult., at Bow, the wife of g r. ter. of Esq., a son. o l Ka n otE . fel .B n. 1' MARRIAGES. BUOADIIURStPhie CLARKS — THORNS.—On l'ankdaughSteldre:s4.r tioo t t eit'tßroaoo daughter o Seotney. -PARKER. et W 2op f t,eh i r t tk e ou h e SaE q, of :010 Hamilton-terrace, to r tr i ers. Thorne,raef, Colonelof Lincoln Lincn v Clarke, late 1 Ca r lton goons, 4 G o o tA INa D; d: O 7 : 7 street, aged 66. L T ITCHFI: DEATHS• aodsoo, v 0 4.- cot, q CO al v ie' L De.Kti_heeonnlt Kent-road, the 28th haapt Captain Jones, r a e resides T d einecite, ~0;001_ : I : t :f il t 4r 87. de, r tli -re 0 0 1 ° worth, Vincent Litchfield, isq., RG.'" 0" of Yew Cottage, Twickenham, aged 35• 1000 t NEAKES.—On the Ist inst., at Earl's-terrace) el deg Jane, wife of Mr. It. Noakes, aged 64. _,,,, tll° PAyNE.—On the Ist inst., at Epping, Mariallm cot. daughter of the late Isaac Payne, g sq• ge nt, SHEPHERD.—On the 29th ult., at Faversharo, itoe Pi ''•ill John Shepherd, R.N., aged 83. stree t ' f li t b SmITII.—On the Ist inst., at 17, Edwin' c o/ 0 neat• Gravesend, Mrs. Mary Smith, forl' a ;:oaldntthl the Ist inDstE., street, Gravesend, aged 70. LONDON: Printed and Published by JO.ll ,- o f of N 0.112, Strand, Printer, at TILE StiN Oiticel.tiod Strand, in the Precinct of the Savoy, ill , e Midfilese%.—Wecluesday, December a, 06'.