The Sun. — London, England, 1859-05-12 00:00:00

For several dayi two French steamships of war have been lying-to outside Plymouth, and it is re ported that there are two others outside Falmouth. Yesterday a corvette of about 18 guns, with painted ports, and a schooner of 12 guns, all black, were observed for five hours four miles S.S.E. of the Eddystone, in the run of the homeward bound ships. The schooner when hailed by a pilot boat declared her nation, but declined answering any other questions. Admiral Bowles, commander-in-chief at Ports mouth, has officially - inspected Sir Thomas Grant's cooking and distilling galley, while under full operation iu baking, boiling, stewing, and provid ing hot water for sick bay purpos-Js, and distilling pure water for the use of a crew comprising 450 officers and men The admiral complimented Mr. J. Mille, the conductor. Ten such steam gallies would amply supply an army of 20,000 men. The Aboukir was taken into dock yesterday. The Asia, 84, sailing two-decker, was taken down the harbour of Portsmouth yesterday, and placed alongside the Bellerophon, hulk. The Bloodhound and Prometheus steam vessels are ordered to be got ready at Woolwich for com mission with all possible dispatch. The Cadmus, 20, screw corvette, Capt. H. S. Hillyar, C. 8., is report e d t o b e rea dy for sea. She proceeds for Sheerness to-morrow ; it is expected that she will take part in the review at Spithead. The Cressy, 80, screw, Captain Hon. C. G. J. B. Elliott, C. 8., was inspected yesterday by the admi ral of the port at Sheerness ; she leaves to-day. Her complement of men is 830. The Doris. Captain Heathcote, is alongside the Portsmouth Dockyard jetty to receive h er a l tere d screw for further experiments. The Eurydice, 26, which has b een fit te d f or seagoing ship for a training naval cadets, is com pleted ; she is waiting for orders to proceed to Portsmouth : now she is rigged, she is a splendid frigate ; she is moored alon g side the Tartar frigate opposite Chatham do c ky ar d . Her Majesty's paddlewheel steam sloop Gorgon, Com. Pym, recently commissioned, was to sail from Woolwich this morning for Shields, to embark a large number of volunteers (500), already enrolled as men-of-war's men. About 200 applicants pre sented themselves at the Fisgard's office at Wool wich yesterday, a great numbe r o f w h om , r i s i ng 5 ft. 4 in., and exhibiting the appearance of robust growing lads, were rejected as under the standard required. The steam transport Dee, Master-Corn. Pullen, yesterday left Woolwich, laden with steam gear, for Portsmouth. The Etna, screw transport, Capt. Hockley, em barked yesterday alongside her Majesty's dockyard, Portsmouth, the following officers and troops for conveyance to Malta :-2d battalion 22d Foot, Lieut- Col. Anderson (in military command) Majors Bow den and Neville, Capts. Molony, L'Estrange, Ccuch, Walker, Davern, Little, De Laney, and Lutman ; Lieuts. Proctor, Chichester, Watkins, Armstrong, Gardiner, Mather, Hardinge, Busfield, Plunkett, andDolmage ; Ensigns Dillon, French, Carey, Foll, Neville, Oliver, Pilsworth, and Thomas ; Paymaster Davidson, Instructor of Musketry Turner, Adjt. Patton, Quartermaster Wohlman, Surg. Fairburn, Assist.-Surgs. Preston and Clarke, 5 officers' wives, 6 officers' children, 4 female servants, 794 non-com missioned officers and men, 51 women, 61 children, and 3 horses; Royal Engineers, Capt. Bland, Lieuts. Lewin and Lambert, 2 officers' wives, 7 children, and 2 feraaleservants,l34 non-commissioned officers and men, 8 women, 16 children ; Royal Artillery, Major Boothby, Capt. Joyce, Lieuts. Cruikshank and Sladen, 1 lady, 2 children, 1 female servant, 127 non-commissioned officers and linen, 9 women, 21 children; 4th battalion Rifle Brigade, Ensign Boyle, 101 non-commissioned o ffi cers an d men, 1 woman ; battalion 15th Foot, Capt. Smyth e , 40 non-commissioned officers and men, 4 women, 4 children. In addition to the above the Etna had previously embarked at Liverpool-1 battalion 21st Regiment, 5 officers, 32 non-commissioned officers and men, and 4 women-; 2d battalion 3d Foot, 3 officers and 21 noncommissioned officers and men ; forming a grand total of 53 officers, 8 officers' wives, 15 children, and 7 female servants, 1,249 non-commissioned officers and men, 77 soldiers' wives, 148 children, and 3 horses. The Etna will sail from Portsmouth for Malta at daylight this morning. The Falcon, 17, screw steam corvette, was yester day taken out of Portsmouth harbour to Spithead to test her machinery, &c., Captain G. T. Gordon, commanding steam reserve, and Mr. Murdoch, in spector of machinery, superintending the trial. At the conclusion she was turned over from the steam reserve department to Commander Fitzroy, The Leveret, screw steam gunboat, sailed from Portsmouth yesterday for Southampton water, with the Arrogant's spare sails. The Avon, paddlewheel steam storeship, arrived at Portsmouth yesterday from Devonport. The Doris, 32, screw steam frigate, shipped her screw yesterday at Portsmouth, and afterwards proceeded to Spithead. The Serpent, target vessel to the Excellent, gun nery ship in Portsmouth harbour, has had a quan tity of 4-inch oak plank bolted on her side for the purpose of testing a new system in the making up of grapeshot. The Undaunted is also preparing in the ship basin to have a huge target fixed to her side, to be like -wise experimentalised upon by the Excellent. The screw steamship Royal George, 102, Mr. H. G. Raynes, master in charge, from Sheerness, arrived on Tuesday morning at Plymouth, where she will be fitted and stored for the first-class steam service, The crew are men from the Cressy and steam reserve ; they will be sent back in the Virago. The screw steamship Revenge, 91, from Milford, in charge of Mr. Biddlecombe, Master Attendant at Keyham, and in tow of the paddlewheel steam sloop Virago, 6, Commander M. B. Dunn, arrived in Plymouth Sound on Tuesday afternoon, and was immediately placed in tow of two tugs to go up harbour for the purpose of being stripped. The mortar steam vessel Forth was undocked at Devonport on Tuesday afternoon, and placed at her moorings. The gunboats Seagull and Porcupine were docked the same day. , The screw steam frigate Orlando, 50, shipped her propeller at Keyham on Tuesday. The following appointments were made yesterday at the Admiralty : Commander —Thomas Lysaght to the Formidable, vice IVilsOn, to the Athol]. Master—U. N. Thomas (additional) to the Fisgard. Payrna.-t , :;:—Timothy T. Jennings to the Cadmus. Assistant 71);i:Inaster—.James 'Moore to the Cadmus. Assistant-Sar,;cou—tiataucl Grose (acting) to the Cad• Inns. Commandant of the Camp, in place of Major-Gen. Slade, recently promoted to a superior military ap pointment .at Guernsey), Lieut.-Col. Dixon, C. 8., Capt.-Adjt. Dunning, 9th depot battalion Lieut.- Col. Street, C.B. ; Major Warry ; Major- West, 10th battalion; Brigade -Major Coot.) ; Captain Stavely, Acting Aide-de Camp to Col. Bloomfield ; Capt. Fender, sth Fusileers. A bani of pioneers, equipped with spades, hatchets, and pickaxes, ac companied each battalion. The troops for about two hours were put through a great variety of mili tary evolutions, which they executed with admir able skill and precision. The troops concluded by giving the general salute, the bands played a slow march, and the battalions marched back to camp about one o'clock. At the close of the inspection Lieut.-Gen. Love expressed to Col. Bloomfield and staff his entire • satisfaction at the discipline and efficiency of the troops. We understand that orders have been received at the camp to clear out some of the huts for the reception of the City of Dublin Militia Artillery, who are shortly expected .to arrive, when the three batteries of artillery, con sisting of six 18-pounder guns, stationed at the camp to prOtect the coast will be put in practice on the Government farm, called Middlewick, a mile from the camp. About 200 artillerymen are also shortly expected to arrive to practise gunnery. On theint of July, a draught of 700 men will leave the camp for Indian service. Capt. B. D. Wardlaw Ramsay, 75th Regiment, has been appointed Deputy Assist.-Quartermaster- General at headquarters, in the room of Capt. Fred. Sayer. . Instructions were yesterday received at Wool wich Arsenal notifying the dissolution of the Royal Ordnance Select Committee, which is to be totally reconstructed, and will henceforth consist of a small body of officers, who are to dedicate their time and attention exclusively to the functions of that de partment, and it is understood they will be salaried accordingly; Col. St. George, R.A. is named as President, and Capt. Si r W m . S. Wiseman, R.N., Vice-President. The dissolution of the late com mittee, it is understood, emanated from a sugges tion of the members themselves, who, during the successive wars in the Crimea, China, and India, devoted a considerable portion o f their time to the business of the select committee which from time to time was laid before them, and received no addi tional emolument. The pressure of the present demands for equipments to secure the defence of our home and foreign stations having augmented the already overwhelming duties of the depart ments, it was resolved to propose the disunion of the important office of the select committee. Major- General Peel, in conforming to their proposition, has acknowledged in the strongest terms the value of the services they have for several years past ren dered to the public, and, through the medium of Sir B. Hawes, in an official despatch communicates his thanks for the time and labour they have de voted to those important duties. On Tuesday four officers and 100 men of the Edin burgh City Artillery Militia, lately re-embodied, left Edinburgh to occupy Dumbarton Castle, on the Clyde, which has been for some time left ungarri soned. A detachment, consisting of an officer and 30 men, left Edinburgh on Monday for Fort Matilda, on the Clyde, to replace a similar detachment of the Waterford Militia. The remaining portion of the regiment, for some time billetted on the town, Are now to occupy the Castle of Edinburgh, thus relieving a detachment of four officers and 100 men of the Waterford Militia, who are on their way to join headquarters at Portsmouth. The Fifeshire Artillery Militia, consisting of 16 officers, and 400 men, at present billetted on the town of Cupar-Fife, are under orders to proceed to Devonport in a few days. The Forfarshire Artillery Militia, at present quartered at Kinsale and elsewhere, will leave Ire land on Monday for Sheerness. THE Al? Mr. Mess Ts. Sidney Herbert, Dr. Sutherland, and the other Government Commissioners visited Dundalk Barrack during the past week, as we,l as those of Drogheda, Newry, and Armagh, accompanied by the barraekmaster of the district, Capt. Shrapn e l. The report that Dundallzis the best and most health.. ful cavalry ,barrack in Ireland. It is expected that Dundalk will be selected as a cavalry depot, as it is certain that a large tract of land has been laid off outside the present boundary as a rifle range. P tYesterday. afternoon Major-Gen. H. Eyre, the Commandant at Chatham, had the whole of the troops now at that garrison assembled on Chatham lines for brigade drill. The troops on the ground consisted of the three battalions of Infantry, each about 1,000 strong, the corps of Royal Engineers, and the battalion of Royal Marine Light Infantry, to the number of about 4,000 men of all ranks. After the troops had been formed in line, Gen. Eyre arrived on the ground, and immediately put them through a variety of brigade and other movements. Although the men belonging to the Indian depots are mostly young soldiers, the steadiness and preci cision with which they executed the various move ments showed the high state of discipline to which they have been brought in a comparatively short time. The battalions of infantry at Chatham can now furnish nearly 1,000 men of all ranks. The first of the additional companies of Royal Engineers to be sent to the Mediterranean left head quarters, Chatham, yesterday morning, the company selected for embarkation being the 28th. The offi cers who left Chatham to embark with the 28th company were Capt. E. L. Bland, Lieuts. H. F. C. Lewin, and M. Lambert. On Monday Lieut.-Gen. Love, Inspector-General of Infantry, attended by Major Page, Aide-de amp, visited Colchester, for the purpose of making his half-yearly inspection of the troops at the camp. Th e same d a y th e 9 t h depot bat talion, consisting of the Ist Royals, 6th, 54th, 56 t h , 66th, and 88th- depots, under the comm an d o f C. Lieut.-Col. Dixon, 8., assembled on parade for the inspection of their kits, and afterwards the books of the battalion were examined. On the following day (Tuesday) the 10th depot battalion, comprising the sth Fusileers, 34th, 44th, 37th, 38th, 97th depots, under the command of Lieut.-Col. Street, C. 8., underwent a similar ordeal of inspection, after which Gen. Love proceeded with Col. Bloomfield, commandant of the camp, and the staff to inspect the hospital. Yesterday (Wed nesday) the two depot battalions, numbering up wards of 1,000 men, headed by the corps of fifes and drums, playing lively martial a i rs, marched from the camp to the old barrack ground (where the British German Legion were encamped when stationed at Colchester), for the purpose of being inspected in review order. Among the mounted officers in the field, besides Lieut.-Gen. Love and his Aide-de -Camp, were Colonel Bloomfield (late of the 11th Regiment of Foot, the newly appointed ELECTION INTELLIGENCE. MIDDLESEX DECLARATION. Yesterday at noon the official declaration of the poll for this county was made by the Sheriffs of London and Middlesex, from the hustings in front of the Town-hall at Brentford. Throughout the morning the town had been paraded by a set of " roughs," whose behaviour was at times of so menacing a character that most of the tradesmen in the High -street deemed it prudent to close their shops. Shortly before 12 o'clock these fellows marched out to meet the procession which had gone to escort the successful candidates to the hustings, and then, facing about, they headed it into the town, hooting and singing, and performing the most absurd antics as they passed along. Many had their faces blackened, and most of them carried banners with ridiculous inscriptions. Some wore the tawdry habiliments of sweeps on May-day, and their out rageous conduct, swollen faces, and torn clothes be token a night spent in riot and debauch. One lad who was mounted on the shoulders of several others, had his head shaven so closely as to encourage the idea that he had just quitted a lunatic asylum, or the wards of a fever hospital. His face was blackened, and he brandished a large sweep's brush, which was ornamented with Mr. Haig's colours. When the speaking commenced this lad was brought exactly into the centre of the mob, whence, sur rounded by a drunken set, all sporting the same colours, he directed a well organised course of in terruption, which was maintai ne d d ur i ng t h e w h ole time Mr. ilanbury was speaking. Indeed, to pre vent this gentleman being heard appeared to be the sole object of these persons, for they were tolerably quiet throughout Mr. Byng's address, while they hailed Mr. Haig with an applause which, consider ing its source, must have been highly gratifying to his feelings. ___ Something like order having been for a few moments established, Mr. Sheriff HALE stated the result. of the poll as follows: Hanbury.. 3,678 Byng; 3,618 Haig .. .. • • • • .. 1,147 He thereupon declared Messrs. Robert Hanbury and George Byng to be duly elected to represent the county of Middlesex in Parliament. Mr. Hanbury, Mr. Byng, and Mr. Haig having addressed the electors, the proceedings terminated with a vote of thanks to the High Sheriff. YORKSHIRE (WEST RIDING). The signal defeat of the Conservative candidate (the Right Hon. James Stuart Wortley), and the triumphant return of the two Liberal candidates (Sir J. Ramsden and Mr. F. Crossley) at the poll for the West Riding, on Tuesday last, were the cause of much rejoicing among all classes of Liberals throughout the riding. The official result of the poll will be declared at Wakefield to-day (Thurs day), and until then the exact number of the votes recorded for each candidate will not be known. The aggregate return published yesterday (Wed nesday) morning by Messrs. Ramsden and Cross. ley's committee was as follows : Ramsden (Liberal) .. , . Crossley (Liberal) .. Wr -( 16,021 15,471 ortley (Conaeriative) 13529 Majority of Ramsden over Wortley .. .. 2492 Majority o f C ross l ey over W ortley .. 1,942 At Leeds, on Tuesday afternoon, soon after the poll closed the result was announced in the area of the Coloured Cloth-hall, where some thousands of persons were gathered. Mr. J. W. Childers (late High Sheriff of the county of York), the chairman of Messrs. Ramsdeu and Crossley's committee, read the numbers so far as they were known. Those numbers gave each of the Liberal candidates a ma jority of upwards of 2,000 over Mr, Wortley. Sir C. WOOD, M.P., who was received with loud applause, then addressed the assembly. He said— I congratulate you most heartily on the victory your energy has won. It is the great es t v i ctory that has accomp uritrniugmthpehpanretseasnt eLloerctaioDne;rbayn,ds depend upon been Government may have been in some of th e v i ctories lis rt he t d ha d t they have bought, the victory achieved by the elec tors of the West Riding will damp their j oy. (Cheers.) lam proud to see the two men returned whom your votes hare placed thus triumphantly at the head of the poll. I am glad to see Sir John Ramsden and Mr. Crossley returned—a better landlord and a better manufacturer you could not have ; and I, for one, am better pleased to see the representation of the riding in such hands than in any who have been elected for some time past. We now know that the Government can no longer trifle with our wishes ; that they can no longer trifle with the Reform question, or swamp the boroughs, or overpower the independent voters in the counties. (Hear, hear.) They tried to deceive us by the bill they introduced to the House of Com mons, but we were not to be deceived; and they next thought they might manage to purchase the votes of the country. (Hear, hear.) They have failed in both. (Hear.) No amount of bribery or intimidation has been sufficient to force the electors of the kingdom to subscribe to doctrines which they repudiated. They have gained some votes, but they have not gained sufficient to secure them a majo rity ; and let them appeal again and again, the independence of the country will not be overpowered by their best efforts. I should for my part be ashamed of such victories as they have won. (Hear, hear.) We stand on different ground in the West Riding. We have won by our own unbought and unpaid for exertions. (Loud cheers.) All of us have sacrificed our time—which- to us is money — and I say again that we, the electors of the West Riding, have a right to be proud of the triumph we have won. (Loud and continued applause.) I am sorry to lose Mr. Crossley as a colleague, but I am proud to have him as my representative. (Re newed cheers.) Mr. E. BAINES, ALP., Who was received with applause, said—lB it not a happy and noble thing THE SUN, LONDON, THURSDAY EVENING, MAY 12, 1859, to see, under this English constitution of ours, that ' a man who has TiSen from the ranks—who is proud to tell us that he once worked in a mill=has been elected to the honour of representing the first con• stituency in England, or the world ? (Hear, hear.) This is by far the most important victory that has been gained for Reform in the West Riding for more than twenty years. We have had two Tories representing us; at another time a Tory and a Liberal; and at another time we have had two Liberals returned by a small majority; but it is twenty-three years since we had such a great vic tory, or two such decided reformers as we have gained to-day. (Hear.) I trust that Lord Derby will now perceive that the people are determined to have an efficient measure of reform, and that the electors of this constituency will not allow him to parcel iis out and otherwise deal with us as he pro posed. I hope this constituency has now given the deathblow to all sham reforms, and a deathblow to the Government. (Hear.) One or two other brief congratulatory addresses were delivered, and loud cheers were given for several of the most active supporters of Messrs. Ramsden and Crossley. Halifax was in a state of intense excitement all day. Many of the mills were standing, and thou sands of people from the surrounding neighbour hood were in the town. Here Mr. Crossley was at the head of the poll all day ; but Sir John Rams den was only a little behind him. As soon as it became known that the Liberal candidates had been both returned, the enthusiasm of the crowds around their committee rooms seemed to know no bounds. Mr. Crossley arrived at Halifax in the evening. He was met in the station by a large concourse of people, who gave him a most enthu siastic welcome, and accompanied him in procession to the Manufacturers' Piece-hall, preceded by a band of music. By this time there could not have been fewer than from 15,000 to 20,000 persons pre sent. Addresses were delivered by the successful candidate and several of his leading supporters, after which Mr. Crossley was escorted to his resi dence at Belle Vue, the crowds of people wh o lined li the streets lustily Cheering the bon. gentleman at various , points of the route. At Sheffield the contest excited very great inte rest. Alderman Dunn, the chairman of the Liberal committee, in an address at the close of the poll, attributed the Liberal majority in the Sheffield dis trict mainly to the support of the small freeholders. The Conservatives attribute their defeat to a conjunction of unfortunate circumstances—firstly, the almost entire neglect of the register by the Conservatives for several years ; secondly, to the Liberal candidates being the first in the field; and thirdly, to the much greater energy, zeal, and acti- vity shown by the Liberals in seeking out all voters of a doubtful or neutral character. The contest has been a very costly one, probably not less than from £15,000 t o £20,000 being spent on each side. It is creditable to all parties that the election has been conducted in a very respectable manner. From the quietness which prevailed yesterday in all the towns in the riding, no one would have supposed that a great and exciting political battle had been fought in the same towns only a few hours before. LAW INTELLIGENCE:—May 11 (Before Vice-Chancellor Wood.) GYE V. GRAZIANI AND SMITH. At the conclusion of the arguments, The Vice-Chanellor said he was of opinion that Mr. Gye was entitled to an injunction, he under. taking, in case the court should be of opinion at the hearing that the defendant was entitled to insist upon a modification of the contract in clauses 4 and 11, to consent to such modification. The onus was no doubt thrown to a great extent upon both de fendants to show a cause which would justify them, on the face of the contract with Gye, in entering upon a new and inconsistent contract—a contract Plainly and avowedly contemplating legal pro ceedings, as was shown by the indemnity given to Graziani. Any person signing such a contract without fairly acquainting the person with whom he had previously treated of it could only expect that his conduct would be scrutinised with the ut most rigour. Such a person could not complain if he was subjected to considerable inconvenience, nor could he make so much of the plea of delay as one who acted more fairly. Before the first contract could be got over he had a full expectation that it would have to be brought before a court of justice. With regard to the objection of delay, when was the first point urged against the plaintiff, his Honour considered that until the 10th of March no ground existed for filing a bill, and the bill was in point of fact filed on the 18th of :April. The engagement, so far as that court could enforce it, was of a negative character only, and it formed, therefore, no part of Mr. Gye's duty to file his bill on the first rumour of the defendant being about to break it. Until the 10th of March there had been no distinct intimation by Graziani that he was about to break his engagement. On that day a letter from Paris was inserted in the Morning Post, and the plaintiff then saw for the first time a distinct statement that the defendant was engaged at Drury-lane. On the 21st of March, Mr. Gye wrote to Mr. Smith making a very fair and reasonable proposal, viz., to submit their claims to arbitration. On the delay between the 22d of March and the 18th of April, some comment might arise, but looking at the difficulty in such a case of gettiinngmeina the conduct evidence actoPariuestof Graziani and elsewhere, and himself, bear inghself his Honour could not say that the delay ought not to prejudice the plaintiff. With regard to the merits of the case, it was quite clear that Mr. Gye was entitled to some relief upon the contract. If the matter turned only upon there being a stipula tion that the £l6O should be paid before the end of September, as asserted by Graziani, the balance of testimony would be in his favour. It was to be observed that the creditor was likely to have the better memory upon the point. The letters written in September showed great anxiety on the part of the defendant as to his re-engageme.it, but they made no mention of the £l6O. No doubt it might be said that the time for payment not having then expired, Graziani would be unwilling at such a moment to dun Mr. Gye. The agreement for 1859 was drawn up in consequence of Graziani's repeated requests as to his engagement. These engagements were usually settled early in the autumn, and by formal instruments. His Honour considered that there was no fraud whatever in Harris propounding the agreement in the form he did to the defendant. It was clear that Graziani looked at the written terms contained in the contract, for he men tioned his objections to some of the clauses. Harris wrote to plaintiff on these objections,•and received his instructions as to the renewal. There were two or three interviews before the agreement was signed, and when it was signed it seemed that nothing was said about the £l6O. The evidence even of Bruzzi went to show that nothing like a condition prece dent that the £l6O was paid was made a stipula tion on the signing of the agreement. In Lumley v. Wagner such a condition was actually inserted in the contract, and payment stipulated for by way of earnest. But the £l6O was an old debt, arising out of a former contract, upon which Graziani might have sued the plaintiff at any moment. In truth, this making of the £l6O a stipulation by way of condition precedent was entirely an afterthought. In the letter of the 3d Dec. not a word was said by Graziani as to the promise by Harris to pay the £l6O. And again, when Graziani attacked Harris in Paris as to the manner in which he had been led to sign the agreement, he never said a word about the non-payment of the £l6O. His complaints were upon a wholly different ground. It might be as Bruzzi said—at one of the interviews in reference to the contract Graziani mentioned his debt, and very likely Harris said it should be sent him; but Harris was not the money agent of Gye, and even if he were, the doctrine of that court would not allow a contract to be set aside upon the failure of money considerations. It was to be regretted that the plaintiff had not paid more attention to the pressing letters which Graziana wrote for payment of the £l6O. There might have been reasons for this, but whatever these were Mr. Gye's conduct was not justifiable on that account. As early as ia.Otgewetn.a,tsslBp:rnoBp,e io t t h she e ed r r e st io h d a eh d . ms b m e i e ni n tt,esc. n eg otiations as to the engagement of Graziani by Smith between the of fered Graziani . An ta ffidavit hathe e stated should that en gage ~ I.t in d a do T t j io an na . l 4 .£ 6 Bo e e a n m o.a o g n e t m h ewnatswoafs sign ed. Then it was that Grazianifirsecontemplated availing himself of this paltry excuse as to the £l6O in order to accept the extra salary. It did not appear from Smith's affidavit when he first heard of the engagement with Gye. He must, however, have been aware of some engagement for Gra z i an i re• quired an indemnity.. The indemnity was sent on the 6th January., He must say that he could not g - ive Mr. Smith credit for candour towards Mr. aye, whose interests he was endeavouring ,ie t h o mt d ha a na m ta a g g er of h by withholding a performe r , principal anepriaiin ntw when after doiwngaatliwtahs done. ishe Theinformed the n m in demnity had been withheld from the kinneopnwitil.vediLlgeogeoekod.f e M em r. n G va y n e i , ea o t n io t u h , e w g a r s ou op n e d n th th at m i u t eh w e a e s m a ing at the reliance necessarily placed on the oath of a defendant as to what were privileged commu• nications, that protection ought never to be claimed until those who claimed it had satisfied themselves of the justice of the claim. His Honour imputed nothing in this matter to m. Graziani, who, as a foreign gentleman, must necessarily be in the hands of his advisers on such a matter. It was true it was a letter from Graziani's solicitor to him, but then it contained the indemnity, and was such a document as could not be protected. Those who attempted to screen such a document by the oath of the defendant rendered themselves open to strong observations. With reference to the plaintiff ten dering the money to Graziani in Paris muc h com ment had been raised. But the course taken ap peared to his Honour a natural one. It would be strange indeed if a man threatened with litigation might not see his adversary with a view to staying that litigation. The conduct of Harris, too, ap peared perfectly natural; and there was nothing in the case to throw any discredit upon him. With respect to the interview in Paris, if Graziani had gone in the high tone of indignation which had been suggested, would he not have openly avowed his agreement with Smith, but on his own admis sion this was not the course he took. He talked of a treaty after the engagement had been actually signed. Looking;-therefore, to the whole of the matter, his Honour came to the conclusion that he ought not to refuse to interfere in this case. The order, therefore, would be to restrain the defen- , dant (Graziani) from singing at any opera or con cert in London other than at the Royal Italian Opera, Covent garden (except private and gratis concerts), without the written permission of the plaintiff', and particularly from singing at the Theatre Royal, Drury-lane, and restrain the de fendant Smith from permitting Graziani to sing at Drury-lane Theatre or elsewhere in London. a calm and correct statement of the truth, without a particle of malice. - Mr. Justice Crompton concurred. If the court were to grant the application it would be as much as to say that:the public press should not state any public proceeding without giving an opinion upon it. It might as well we said that if a grand jury returned a bill of indictment the fact could not be stated in a newspaper. Mr. Kemplay—The applicant is very anxious to take the earliest opportunity of denying the charge. Lord Campbell—He should have denied it in a letter addressed to a newspaper, and not have come to her Majesty's Court of Queen's Bench with so frivolous an application. This is not a place where handbills are to be posted up to give information to the rablie. Itulu refused. S'E'RIOUS CHARGE. Yesterday Thomas Smethurst, a surgeon, was brought up on remand before a full bench of magi strates, at the Sessions-house, Richmond, charged with causing the death of Isabella Bankes by ad ministering to her from time to time arsenic or antimony. Shortly before 11 o'clock Mr. E. Penrhyn, the chairman of the. bench of magistrates, took his seat in the court, and was supported by Sir T. N. Reeve, Sir H. Baker, Messrs. H. C. Lacy, G. F. Whiteley, L. Penrhyn, W. Lamber, and Captain Price. Mr. Sergeant Parry, instructed by Mr. Teesdale, is retained for the prosecution on behalf of the friends of the deceased lady, and Mr. Hardinge Giffard, instructed by Messrs. Humphrey, Son, and Morgan, appeared for the defence. The prisoner was placed at the end of the table, and was allowed a chair during the inquiry, and maintained a calm composed appearance throughout, occasionally leaning forward to instruct his solicitor. The Chairman, turning to Mr. Ballantine, said that since the last examination , circumstances had transpired which gave a very different aspect to the whole affair, and that it would, in consequence, be necessary to go over again the ground that had al ready been gone over at the previous examination. Mr. Sergeant Ballantine said he was aware of the fact, and the course he proposed to pursue was to ignore the depositions that had been already taken and to begin the case afresh. This case was one of great importance, and it would be his pain ful duty to charge the prisoner with the crime of wilful murder. He was instructed by the friends of a lady named Bankes to prosecute this charge, and, if his instructions were correct, he would have to call upon the magistrates to commit him for trial. He would lay before the bench the facts of which he was in possession, and, after hearing wit nesses with regard to them, and the medical evidence he should lay before them, it would be for them to say (subject to the remarks of the counsel on the opposite side, and he hoped he would be able to answer the witnesses satisfactorily) whether the bench could deal with the charge or send it else where for investigation. The lady about whose death they were inquiring was a person who moved in very respectable society, and her friends were highly respectable. The father had left only two daughters unmarried, the deceased and another lady, who, though on terms of intimacy, were not living together. The deceased lived at a boarding house, No. 4, Rifle-terrace, Bayswater, and subse quently left there and went to live at another boarding-house in Kildare-terrace, in the same neighbourhood. She was living in a position in life in which her means entitled her, and that was as a gentlewoman. It would be important it should be known that Miss Bankes had a life interest in £5,000, and an absolute right in about £1,700 or £l,BOO under the will of her father. The prisoner was living at the boarding-house in Rifle-terrace with a lady very much older than himself, whom he called his wife. The deceased, when she left that house, went to reside, as he had stated, at Kildare-terrace, and shortly afterwards the prisoner came to her there, and they left that place together. It was at first imagined that this lady had forgotten her duty to herself and society, and had gone to live with the prisoner, but the fact was that she was married to him the day after he came to her in Kildare-terrace, and he would produce the certificate of that marriage. She was in the habit of communicating with her sister, but after she left Bayswater that sister did not know where to find her. They came to Rich mond and took lodgings in Old Palace-terrace, the Green, Richmond, and lived there as Dr. and Mri. Smethurst. In this place she was taken ill and suffered from diarrhoea and vomiting. From there they removed to Alma.terrace, where the unhappy lady died. They went there at the latter end of April, and the death of the lady took place on the 3d of May. During the time that she was vomit ing Dr. Smethurst was treating her and expressing himself with the greatest affection, and it would be of the greatest importance to the prisoner and to the inquiry that he sent for Dr. Julius and his partner, Mr. Bird, and that they attended her from the time they were called in to attend her at Palace-green until the time of her death. They found her suffering from diarrhoea, but could not trace the origin of . it. These gentlemen used the ordinary means to - get rid of the diarrhoea and the vomiting, and they would state that the disease baffled all their endeavours, 'and they were totally at a loss to account for the extraordinary symptoms that showed themselves. They suggested, and the prisoner at once complied with it, that they should send for the highest medical assistance in the king dom—he alluded to Dr. Todd, and that gentleman came on the Thursday before she died. He was totally at a loss to account for the symptoms in accordance with the facts, and when with Dr. Julius he expressed a strong opinion, which he would state when giving his evidence, and the result of that opinion was that the secretions were taken and tested, and found to justify that opinion. They were found to contain incontest able and decided traces of arsenic. Drs. Julius and Bird paid particular attention to this case, for it was an extraordinary one, and they could not account for the progress of the disease. They would tell the magistrates what medicines they gave, and so would Dr. Todd, and they would show that they had not in any way given either arsenic or antimony. Smethurst's conduct to the deceased was kind and affectionate: He had the entire control and management of the sick-room, and nobody could have given her anything but himself. He had the whole control of the sick room, even to getting rid of the secretions, and if there was poison administered to her, either in the shape of arsenic or antimony, it must have been administered by the prisoner, for neither Drs. Julius, Bird, nor Todd gave either arsenic or anti mony in any of their medicines. Mr. Giffard asked that the witnesses in court might retire, and after some conversation the re quest was acceded to. Mr. Sergeant BallantineZsaid he had now told them the conduct of the prisoner, subject to what he should be able to prove as to whether any poi. sons were found in the lady's stomach, and there was no doubt that the case did then present a very formidable mass of evidence that went to show that either arsenic or antimony was found in the lady's stomach, and that there was no means of its getting there but through the medium of the pri soner. On the 3d of May the stomach, the kidneys, and the heart had been taken, for analysation, and the result had been such as to leave no doubt that the deceased had lila poison administered to her in such quantities as rendered death, though slow, perfectly certain. It would now be important to show the motive the prisoner would have for com mitting the crime with which he was charged. This lady had the power of willing some £1,700 or £l,BOO as she pleased, and he would show that the prisoner called on a gentleman in Rich mond, named Senior, and said that a lady wished to make her will, and he wished him to draw it up for her. . Me produced a docu ment, which he said was prepared by a barrister in town. Mr. Senior said he had no objection, and that he would co me th a t d ay ( Saturday, April 30) to see it executed, but Smethurst said the lady was too ill to do it that day, and asked him to come on the following morning. He at first objected to do it on Sunday, but on being assured that it was a case of necessity, he consented. He went on Sunday morning, at 9 o'clock, and was taken up to the lady. He expressed a wish to have a medical man' present, and he said it was nornecessary, as she was perfectly competent to make a will. He gave as a reason for not wishing to have a medical man present that he was not married to the lady though he was living with her as his wife, but that he should marry her as soon as her health would permit. He came, and the will was executed, and was witnessed by the" landlady's daughter. When he went up to the room the lady produced from under her pillow the draught of her will, which was the very document Dr: Smethurst had shown to Mr. Senior, and was in his handwriting, and which he stated was; drawn up by a barrister in town. The document was put in and read. It was the draught of a will drawn up in the deceased's maiden name, and leaving her personal property to the prisoner, whom she described as her" dear friend." • Mr. Sergeant Ballantine proceeded to say that this was found in a chest when the man was taken into custody, before the lady was dead. This showed the motive. While the prisoner was living w ith this woman that he marriedhadeiwas fn he was munieating with his wife. A it c ron g: the prisoner when he was taken into custody directed to his first wife, and ready to post. The letter is as follows : " Monday, May 2,.1859. My dear Mary,—l have not been able to leave tor tewill as I expected, in consequence of my medical aid being re quired in a case of illness. I shall, however, see you as soon as possible. Should anything unforeseen prevent my leaving for town before the 11th 1 will send you a check for Smith's money and extras. I will send £5. lam quite well, and hope you are the same, and that I shall find you so when I see you, which I trust will not be long first. Present my kind regards to the Smiths and all old friends of the house. I beard from James the other day, and he said he had called on you, but that you had gone out for a walk. With best love, believe me, yours affecti ona t e ly, THOMAS SMETHURST.' ' Mr. Sergeant Ballantine continued—He had laid the case before them, he trusted, dispassionately and fairly, as it was the anxious desire of himself and everybody connected with him to obtain simply the truth, and God forbid that any other feeling should enter into his mind. Miss Louisa Bankes was the first witness called, and said—l live at 10, Langliart-villas, Maida-hill. I saw my sister after her death ; the person pointed out to me was my sister. Her age was 43, and she was unmarried. We did not live together. I re collect her going to live at a boardinghouse, No. 4, Rifle-terrace, Bayswater, in the autumn of last year. I recollect her leaving that house and going into a boardinghouse in Kildare-terrace in the same neighbourhood. I was in the habit of seeing her at both places. Ido not know that she had a dis position to relaxation of the bowels. When I visited her at Kildare-terrace I was introduced by her to Dr. Smethurst. She was in a very good state of health at that time. Some time after I met her with Dr. Smethurst in Kensington gardens, and the deceased left him and came and spoke to me. I saw her the evening before she left Kildare-terrace, but Ido not know the date. I did not hear from her again until I received a letter from her on the 9th of February, 1859, and from that date until the 19th of April I received letters from her. This is the letter I received about the time it is dated. (The letter was entirely of a private nature, and did not appear to bear ou the case beyond showing the affection existing between the two sisters.) Mr. Sergeant Ballantine said he had laid the whole of the correspondence in his possession before Mr. Giffard, that he might make use of any that would be of use to him in the defence. Miss Louisa Bankes (continued). I received this letter, signed "T. Smethurst." I have received similar letters from Smethurst, and have spoken to him afterwards about some of them. The letter was then read : " Strictly private and confidential. " Dear Miss Bankes,—Your dear sister Isabella wishes me to request the fiveur of your calling upon her as early as convenient, as she is really very ill and desirous to see you. She also wishes me to say that you will greatly oblige by coming alone, and ask for Dr. and Mrs. Smet hurst ; say that you have called to see your sister, and that you will breathe not a word of the contents of this note to any one. She further wishes me to say that she cannot ask you to remain • she simply solicits seeing you for the present. The rail from the Waterloo-station about every half-hour, and Richmond from the White Horse-cellars, Piccadilly. " I remain, dear Miss Bankes, yours faithfully, " THOMAS SMETHURST. " 10, Alma-villas, Richmond-hill, April 18, 1859." I went down there and arrived between two and three o'clock. I saw Dr. Smethurst before I saw my sister. She was very ill, and much changed from the time I had seen her last. I remained there some hours, but not in the room all the time. I was never alone with her. I did not express a wish to be alone with her. I do not think she gave me any account of the nature of her illness. She was not able to tell me. Dr. Smethurst said she had been suffering from sickness and diarrhoea,. I have a relative, Mr. Lane, of St. George's Hospital, and I proposed to Dr. Smethurst that he should come and see her; and he said he had better not, fot my sister did not wish it. That was in her presence. Dr. Smethurst was once out of the room for two or three minutes, and then I was alone with her. While he was in the room he said he did not think the money she had received under her father's will was as much as she ought to have had. I left her about 5 o'clock. She expressed a wish that I should come soon and see her, and I promised to do so. Whil e I was th ere I noticed some tapioca in a cup in the cupboard. My sister said she did not like it because it had a disagreeable taste. She said she should like me to prepare some for her, and I said I would do so. I did not do so because Dr. Smethurst said the milk had not come. I after wards offered to make some, and he said it would in terfere with the landlady. I proposed to get some isinglass, but he did not seem to wish it, though he said nothing. She said that he was very kind, and that he watched her so tenderly that she was quite happy. They occugied one bedroom, but I made no remark about it. She said if I would wait a little and be quiet it wouldl3e anight. I left, and got another letter from him before I went again. The following is the letter : "My dear Miss Bankes,—We are in receipt of yours of yesterday's date, for which we are greatly obliged. After your departure dear Bella had a very bad evening and night and that purely from the excitement of seeing you and the fatigue consequent thereon. Vomiting ,and sickness set in at a fearful rate, which of course prostrated her greatly. Her doctor, therefore, at once forbade an y v i s it ors f or th e present, or he would not be responsible for the effects atten dant thereon. Last night was a good one, but lam sorry to say a trying one. She is now, however, again better, and lam happy to s a y recovery i s rea ll y expected ' by all. I will write again shortly. Dearest Bella sends her kindest love, and, with kindest regards, believe me yours faithfully. " " 10, Alma- v ill as , A pr il 2 1, 1859." THOMAS SMETHURST. I had written to my sister, addressed to Dr. Smet hurst. I received that letter, and in consequence did not go down. 'Subsequently I received this letter : " My dear Mjss Bankes,—Bella's dearest love and best thanks for your kind attention, in which I cordially unite. She has not yet got over the emotion of meeting you, poor dear, and is still looking forward to a very early interview; indeed, she would like to name Monday next for your tak ing a chop with me, but I think it would be more desirable to say the middle of next week, for the doctors, even this morning, have prohibited anything of a nature which might try her very weak powers, since it would be impossible to bear up against shocks to the nervous system, and on these grounds alone she is ordered to keep her room, in order to treasure her strength. The aspect of affairs is favourable if great care be observed, and we three doctors have every hope of a successful termination. I shall not fail to call for the jelly. I purchased some very beautiful yesterday, and dearest Bell has partaken of two or three glasses of it, and I think, with benefit. Dearest Bell says she would rather not see uncle Lane ; however, we will talk this matter over at our next meeti ng . With every kind wish, in which dearest Bell unites, believe me yours faithfully. "THOMAS SMETHURST. " April 23, 1859." I still did not go down, and received the following letter : "My dear Miss Bankes,—Dearest Bella requests me to thank you kindly for the jelly; poor thing, she tries her very best to eat it. It is, however, I imagine, too sweet for her taste, especially as now, with constant nausea, sometimes it is retained on the stomach, at others it is speedily vomited. I obtained some front town, which is not so sweet, but this s h e pu t s aside for yours. I very much regret to say that she has not once properly rallied since seeing you. Her nervous energy must be very low indeed, or this would not have happened. Still we have every hope of a good recovery. To-day I have insisted on having a consultation with Dr. Todd, of King's College Hospital, the first physician of the day, witd her two re gular medical attendants, who are also the first doctors in this town. She is still ordered quietude, and all visitors to be excluded for the present; therefore dearest Bella begs of you to wait a little longer than was anticipated before call ing on her. As soon. as - I have got Dr; Todd's opinion I will send you a few lines on the subject. With our united love, believe me yours faithfully, " THOMAS SMETHURST." I wrote a letter to him, and in reply received the following letter : " My dear Miss Bankes—We saw Dr. Todd, from Lon don, last evening as late as 10 o'clock, in consultation with Dr. Julius, of Richmond, our dear Bella's daily medical attendant. He not only acquiesced in what is being done, but recommends a perseverance.in-the treatment with some eligtt addition of his own prescribing, entertains pro- - habit) hopes, like the rest of us. The bilious vomitings are entirely arrested, but sickness still prevails to a great ex tent, with occasional violent retchings, which almost shake her very life out of her, and the bowels continue to act eight or ten times in the 24 hours, spite of all we can do. This action is very different from What is usually called diarrhoea, and is theresult of impaired bowels and congested liver, which must-have existed for a very long period. I am sorry to say there is no appetite, the only thing which raises a fear in my mind, for how nutrition is to be obtained equal to the loss of strength under the circumstances does, I confess, somewhat puzzle me. Nevertheless, there are still good and improving points from which we trust to build our hopes upon. I much regret the state of the case will not yet admit of even your seeing her for the present, since any or the least anxiety only tends to debilitate her nervous system. We both anticipate very shortly seeing you here. Dearest Bella sends her kind love and best wishes, in which I beg to join, and believe me yo urs very faithfully, " "April 29, 1859," T. SMETHURST. The next letter I received was as follows : "Dearest Miss Bankes,—ln reply to your favour of yes terday's date I am exceedingly sorry to say dear Bell has passed a wretchedly bad night; passed 15 motions in the 24 hours, and of a v er y b ad description. There is now so much eed in the stools, and besides which there is an entire want of appetite, consequently I have a great dread for tho result. She read your kind letter, and agrees with me that it will be better that you should be near to us, so that if you will run down as early as convenient you can then take a room or rooms near at hand. It will indeed be a source of comfort to me to have you with us. I much rc gret there is no accommodation in this house for you, as we occupy all there is to let, and have not room enough for ours elves Dearest Bella sends her kindest love, and, with every good wish, believe me yours faithfully, " April 30, 1859." T. SMETRUEST. I received that letter on Saturday and went down on Sunday. I found my sister very weak indeed, much weak er th an I :had previously seen her, and minutes, Smethurst scarcely able to speak. I remained with her ten inutes, and th en wen t downstairs. Dr. was present the whole time. I brought some soup with me, and he said it was too strong. He took some of it and put some hot water to it, and then took it outside the door and said he would cool it. He brought it in again in about a minute, and gave the deceased a small quantity of it in a teaspoon. She took it but brought it up directly. I took her some arrowroot after the soup, and Dr. Smethurst gave it to her. He got it from outside the door, the same place he had taken the soup to. She took a spoonful of arrowroot and COURT OF QUEEN'S BENCH. (Sittings in Banco, before Lord Campbell, and Justices Erle, Compton, and Hill.) REID V. HEARD.-LIBEL. Mr. M. Smith moved for a rule calling upon Mr. Clement Heard, the proprietor of the Bridgewater Times, to show cause why a criminal information should not be filed against him for a libel charging t he plaintiff, a gentleman who resides at Burnham, with having practised bribery in favour of Col. Tynte and Mr. Kinglake at the late election for Bridgewater. The libel complained of charged the plaintiff with having come into the town with the sinews of war, that he opened an office for the pur chase of votes in a slaughter-house, and knocked them down at £25 a head. Mr. Reid, who was a large landed proprietor in the neighbourhood, denied in the most positive terms that he took any part in the election. He had on the day of the polling gone over to Bridgewater, and had inquired at Colonel Tynte's and Mr. Kinglake's committee-room, the state of the poll. Lord Campbell —It is a very serious imputation on a gentleman to charge him with bribery. Read the libel. Mr. Smith then read the libel—" At the last mo ment, and when terror and dismay were evidently .depicted upon the face of the liberal party, and it being as well known to them as it was to the Con servatives that Messrs. Padwick and Westropp had a clear and decided majority of the promised votes up to the time of commencing the poll, a friend in need came forward in the person of a neigh bouring gentleman, well known for his love of electioneering and for his orchids, and brought into the Liberal cause the sinews of war. The news soon spread. An office for the purchase of votes was opened in a slaughter-house at the back of a butcher's premises, and we are told that a man of the name of Jenkins, a dissenter, and deacon of a Baptist chapel, formerly a butcher and now a small farmer, was installed cashier. A band of supernu meraries—radical Scotchmen, dissenters, and some we are told even professing preachers of the Gospel ran about amongst the venal electors and drove them into the slaughter-house were they were knocked down at the rate of £25 a head to forfeit their promises to vote for Messrs. Padwick and Westropp, and were driven to the p::11 to vote for Colonel Tynte and Mr. Kinglake." Mr. Reid deposed in his affidavit that on the 2d of May he called at the defendant's and asked to see the times, as he had heard there was a panic in the money-market on Saturday. The defendant said " I have not got the Times. There was a panic here on Saturday. We all know you brought the money here and bribed the electors. I wish you had been to the devil or in London instead of being here." (Laughter.) The plaintiff denied the impu tation, and that denial he now repeated on oath. Lord Campbell—You have established your case for a rule. The libel imputes very grave and in dictable offences. Rule nisi accordingly. JENKINS V. BRAGG-LIBEL. Mr. Smith also moved for a rule for a criminal information against the defendant, who is the pro prietor of the Somerset County Herald, for having published the same libel, and whichreflected on the plaintiff, charging him with having acted as cashier for the purchase of votes. The plaintiff denied the truth of the statement, and he felt bound to proceed that he might clear himself from the imputations. Lord Campbell said that great license was gene rally allowed at elections, but such grave and ,seri ous charges could not be endured, and the learned counsel might take a rule. Rule nisi accordingly. THE QUEEN (ON THE PROSECUTION OF THE REV. J. M. NEALE) V. CURTIS-ALLEGED LIBEL. Mr. Kemplay, on behalf of the Rev. J. M. Neale, moved for a rule calling on the defendant, the pro prietor of the Brighton Gazette, to show cause why a criminal information should not be filed against him for libel. The applicant is a clergyman of the Church of England, and in 1846 vas ap pointed one of the wardens of Sackville College, near East Grinstead. He had occupied apartments in the College up to the present period, and in 1851 a fire broke out in one of his apartments, resulting in the destruction of some of his property. The libel complained of was published in the Brighton Gazette of the 14th April last. It was as follows : " Serious application affecting the Rev. J. M. Neale. Our attention was called to a circumstance which took place on Monday, before the East Grinstead magistrates, when a summons was applied for -by Superintendent Kennard, of the East Sussex con stabulary, against the Rev. J. M. Neale, Warden of Sackville College, to call upon that gentleman to answer any charge that might be preferred against him for attempting to set fire to Sackville College in 1851. Having heard that this application was made with the entire sanction of Captain Mackay, the chief officer of the East Grinstead constabulary, we sent our reporter to East Grinstead, and we gather from him that a sitting took place at Forest row, about three miles from East Grinstead, and that the application was made before a full bench of magistrates, comprising B. Hall, Esq. (chair man), C. Tooke, Esq., J. Price, Esq., G. Galley, Esq., Lord West, Major St. Clair, and Captain F. Moore; and several a the magistrates are, we un derstand, the personal friends of the Rev. J. M. Neale. Sonie preliminary business haing been transacted, the charman said the room must be cleared ; when our reporter stated that he attended for the press, and wished to know if he might re main ; but he was informed the inquiry would be private, and that no reporter could be allowed to be present. Under these circumstances we are not in a position to inform our readers of the precise nature of the application." The article having stated that the charge was for setting fire to the college, went on to say, " The inquiry lasted half an hour, in the presence of Captain Mackay and the superintendent, when they were requested to withdraw. After an interval of twenty minutes, during which time the magistrates deliberated, they were then called into the room, and Captain Mackay was informed that his application could not be entertained." Lord Campbell—ls that the whole of the libel ? Mr. Kemplay—Yes, my lord. Lord Campbell—lt states that a charge was made against this gentleman and dismissed. Mr. Kemplay—l was about to call your lord ship's attention to the writer's motive. Mr. Justice Erle—Does your affidavit state there is no truth in the statement ? Mr. Kemplay—No. I am informed that the application was made. Mr. Justice Crompton—And this was a report of what occurred before the magistrates ? Lord Campbell—Really this is the most extra ordinary application I have ever heard since I have had the honour of a seat in this court. Mr. Kemplay—Mr. Neale proceeds to state there were previous articles in the same paper reflecting on him. Lord Campbell—Your application must be con fined to what you complain of as libellous in the article on which you move. Mr. Kemplay said he would read part of an article which appeared in the Brighton Gazette of the 17th of February last. It was—" Then only will our pen find rest from exposing most painful pro ceedings, and then only may the poor pensioners and sisters of the charity expect to enjoy that peace and security for the closing days of their lives which the college was designed to afford them, but which design has been repeatedly annihilated through the indiscretion of those whose duty it was to preserve peace, and not to be continually break ing it." The applicant felt it to be his duty to come forward at the earliest moment and deny the charge. The article showed that the proprietor of the paper did not intend to desist from his attacks until he had removed Mr. Neale from hi'S office. Lord Campbell—l am of opinion that there is no ground whatever for this application. I hope the jurisdiction which this court exercises with respect to criminal informations is for the public good, but I think it ' would be most oppressive if the court interfered upon such an application as this, for the publishing of a simple statement of what is allowed to be literally and strictly true. It does not reflect upon the gentleman at all ; it merely states.that a charge was made and dismissed. Ido not see the slightest ground for our interference. Mr. Justice Erle was of the same opinion. It was became sick again and retched very violently when she threw it up. A second attempt was made to in duce her to take the soup, and with the same result. Dr. Smethurst would not let me remain with my sister as she was too ill to bear it. He said she was much worse since taking Dr. Todd's pills. The next day he sent me to town to get some me dicine, and when I brought it down he said he had changed the treatment and would not give it to her. He did not know the police had been communicated with, but they were in the house. Smethurst was greatly agitated, and said that Dr. Julius had ac cused him of poisoning my sister. After this I gave her some arrowroot, and she did not vomit it. A nurse had been sent for, and was with her at that time. I gave her arrowroot several times, and she never did on any one occasion vomit it. She took food and arrowroot from me during the night, and was perfectly sensible, and she had no return of the retching. She appeared better, and on the Tuesday I gave her some brandy arid water, and after that she sank into a state of unconsciousness, and I never saw her again alive. She died that day. Mrs. Smith, of Rifle-terrace, and Mrs. Graboster, of Kildare-terrace,gave evidence as to the deceased and prisoner having been living at their respective boarding-houses. • Lucy Ambrose, the pew-opener of Battersea Church, proved the marriage of the prisoner with the deceased on the 9th of December, 1858, in which she was corroborated by Mr. Spier, the clerk. Other evidence was given as to the prisoner and deceased having lived as man and wife. Mr. Frederick Barnum • Senior, a solicitor of Richmond, proved the facts as stated by Mr. Ser geant Ballantine in his opening address regarding the making of the will. Jemima Chetwood, the nurse, corroborated part of the statement of Miss Bankes, respecting the de ceased keeping food on her stomach when left to their care. Inspector M'lntyre took the prisoner into custody, and found on him the letter addressed to his first wife. It had never been through the post, and the stamp was not cancelled. Alter some discussion the prisoner was remanded for a week. COUNTRY MARKET HARBOROUGH-MAY 10. There was an average show of wheat to-day, which sold at an improvement on last week. Farmers would not sell except at extremely high prices—wheat, 48s to 56s ; barley at high rates, ranging from 38s to 40s per qr.; oats, 30s to 34s per 24 stone ; beans, 48s to 50s per qr. MELTON MOWBRAY-MAT 10. At this day's market there was a fair show of wheat and the trade ruled firm at 47s to 54s per qr, being about 6s lower than last week. Only a moderate business doing in barley, at stationary p r id es. O a t s an d b eans scarce, an d cheaper in price. NEWARK --MAY 11. --- At to-day's market there was a small supply of English wheat, but the trade ruled dull, at about the rates that had been realised last week. Bar.3y in limited show, at higher prices. Very little doing in oats, at late rates. Beans are scarce, and in favour of the seller. White wheat, new, 56s to 62s Barley, grinding.. 28s to 32s Red do. s4s to 56s Oaf s,:old, .. 3os to 34s Old white 565 to 62s New do 288 to 323 Red do. 52s to 56s I Beans.. 48sto 603 Barley, malting.... 36s to 42s Peas .... ..... —s to —s DUBLIN-MAY 10. There was a fair average quantity of wheat on offer, but a rather dull trade resulted in consequence of the reaction in the English markets. Wheat is to 2s, and oats 3d to 6d decline. Barley brisk, and in some instances at a slight advance over the last week's rates. Indian corn at a reduc tion of is to 2s. s. d. s. d. s. d. s. J. Wheat, white.. 30 oto 32 6 Do., new ..... 11 6to 13 0 Do., red 2B oto 31 0 Bere . lO oto 12 6 Do., new .... 23 oto 26 0 Rapeseed .... 26 oto 29 0 Barley Oats Do., black l4 otols 0 Indian corn .. 30 0t034 0 BRISTOL SUGAR-MAy 11. There has been a steady demand for sugar this 'week, at a trifling decline in price. The first crop of Barbadoes this season was put on the market to-day, and all sold at full prices, from 39s to 45s per cwt. About 100 puns Demerara rum have been taken at an advance of 6d per gallon, but the market is now quiet. COAL MAR (Prices of Coal per Ton al :.ET-111.A.Y; 11. the dose ef the market.) Walls End. 8. d. Bates' West Hartley-14 6 Howard's West Hart- s. Gosforth l5 d. 6 Braddyll's Hetton 16 9 South Kelloe l7 0 Heugh Hall 16 6 South Hetton 18 0 Kelloe ' ' ' 17 3 West Hetton ..16 0 Lambton. 18 0 'Luton Coundon - 6 Stewart's 18 0 Russell's Hetton 16 3 Trimdon HiFtlepool 17 3 Camdoe l6 6 Powell's Dufiryn Steam 21 0 )t, 78—Sold, 60. ley 17 6 Wylam . 15 9 Tanfield Moor 12 6 Tanfield Moor Butes l2 6 Haswell Gas. ' l3 0 Walker Primrose 12 9 Walls End. Thorpe South Hartlepool 16 3 Whitworth l5 0 Brandon l6 0 Eden Main 16 0 Hetton.. . Ships at mark( [ADVERTISEMENT.I—ThorIey's Food for Cattle is now beginning to seriously attract the attention of the farmer, breeder, and feeder of stock. Two years of unremitting care and attention have enabled its inventor to take high ground as a benefactor to these interests ; and notwithstand ing the many drawbacks, the malevolent shafts hurled against it and its probable utility, the food, from its admitted value, will become a necessity to the agricultural interest. Experience has proved, first, that it effects a considerable saving in the consumption of provender; secondly, that it produces health and vigour in all animals subjected to its influence : and lastly, increases in a remarkable degree an early development of fat. Mr. Thorley, originating this singularly efficacious food, aimed at a compound calculated to supersede, to a certain extent, the tedious and expensive mode then prevailing of fattening stall-fed beasts. In this he happily succeeded ; and success prompted a very natural desire to improve upon the invention, so as to make it ap plicable to every description of domestic animal. The Eng lish farmer was slow to encourage its use, and manifested an unwillingness to rely upon its efficacy, fancying he possessed in the produce of his farm, ample-materials whereby to feed and fatten his cattle at a cheaper rate than by the employment or addition of artificial food. The tests to which this food has been subjected have proved its perfect admissibility as a cheap addition to the natural produce of the farm ; inasmuch as in all cases a subtraction of one-third may be safely submitted to in the usual food of animals ; and that the produce will bo realised, aild rendered marketable in two-thirds of the time usually Consumed in developing fat ; • it, therefore, becomes apparent that a certain saving iseffected by a fair application of Thorley's Compounded Food% It is believedthat thepresent unprecedented low price of wheat has•induced its very gene ral use, in preference to• any other of •the usual articles of food ; it is, however, much questioned whether wheat is a nourishing and proper food for th e wor ki ng -h or se, c er tai n ly it is not for cows or pigs. Mr. Thorley's Food, besides possessing the advantage of greatly invigorating the health matter f and increasing the physical power of . all animals, is a toni c ande ood , gentle materially assists ,anthdeirwdihegenstimveledw with a_ their eir att o e t r h great consequence, since it is an undoubted fact that the nourishment contained in their ordinary food is lost, cense- • quent upon the impaired or defective action of the digestive organs ; it will also be found to be particularly beneficial in restoring to good working condition horses which have been over-worked, or become weak from disease, or are naturally of a feeble constitution. In cows its effects are undoubted, indeed almost marvellous, nearly doubling the yield of milk and butter, whilst it at the same time enriches the quality of both. In pigs' its fattening qualities are still more remarkable, displaying in a few weeks its manifest superiority over every other kind of compound or manu factured food adopted in the feeding of swine. Such has been its marked success, that at all our great cattle shows, • Royalty, noblemen, and 'others who have fed their cattle on Thorley's Food, have invariably carried off the principal prizes, whilst cards of commendation have been awarded. The patronage of Royalty, of . our principal nobility, the clergy, and of our leading agriculturists, must prove a great incitement to' this gentleman to pursue his onward course; and he may confidently rely, in producing so highly-favoured a compound, on a continuation of such high and distinguished patronage. BIRTHS. EGERTON.—On the 10th inst., at 36, Hertford-street, May fair, the Hon. Mrs. Arthur Egerton; of a son. HANBITRY.—On the 7th inst., at 10, Upper Grosvenor street, the wife of Robert Hanbury, Esq., M.P., of a daughter. Scorn.—On the 10th inst., at 1, Athol crescent, Edinburgh, Mrs. Scott, of Gala, of a son and heir. WILLIAMS.—On the 10th inst., at 29, Royal-crescent, Notting-hill, the wife of J. gr, Williams , E sq ., of a daughter. MARRIAGS. - - OMMANNEY—RICKETTS.—On the 10th inst, at Brislingtony the Rev. George Ommanney, incumbent of Queen Charl ton, and youngest son of the late Sir Francis M. Omman ney, to Ellen Catherine, the daughter of the late Jacob Ricketts, Esq.. . SANFORD — SOMERSET.—On the 10th inst., at St. James's Church, Henry Ayshforl Sanford, Esq., of Waltham House, Essex, to Emily Catherine Anne eldest daughter of the late Right H on . L or d Granville Somerset. DEATHS. CLARKE.—On the 7th inst., at his late r es id ence, 39 , Rath bone-place, Oxford-street Mr. Andrew Clarke, aged 62. COTHAY.—On the 9th inst., at his residence; King's-road, Clapham-park, Wm. Cothay, Esq., aged 76. DAVIES.—On the 11th inst., at his residence, 45, Woburn place, Russell-square, Matthew Pete Davies, and also of 63, St. Martin's-l ane , and Wadley, Hants, aged 64. FISHBOURNE.—On the 10th inet,, at 6, Delamere-terrace; Gardiner William, son of Captain Fishbourne, R.N., aged 11 years 10 months. FOORD.—On the 10th inst., at Dover, Mr. Stephen Foord, aged 80. 11131PHRYES.—On the Bth inst.; suddenly, Mr. J. Hum phryes, Hop-market Hotel, Worcester, aged 54. RICKETTS.—On the Bth inst., at the Elms, Cheltenham, the Dowager Lady Ricketts,• relict of the late Admiral Sir R. T. Ricketts, Bart., aged 78. IJDNY.—On the 6th inst., at Newrath, county Wicklow, Colonel J. A. Udny, of Udny ' A.D.C. to his Excellency the Lord Lieutenant. LONDON : Printed and Published by MURDO YOUNG of No. 112, Strand, Printer, at The Sun Office, No. 11 Strand, hi the Precinct of the Savoy, in the county of Middlesex, Thursday, May 12, 1859. a a 3 [ I PI M t}l 'a Ch tie tni be! 9