The Sun. — London, England, 1859-01-28 00:00:00

HA VILAND V. MORTIBOY. The curious case of " Haviland v. Mortiboy," which has occupied the High Court of Chancery for five days, and filled some dozen columns of the newspapers, has just been brought to a conclusion. In delivering that elaborate judgment which we printed yesterday, Lord Chelmsford expressed an opinion that, looking at the intricacy of the evi dence, the time of the Court had not been unneces sarily occupied. If so, since of the many readers who took an interest in the case in its early stages few- can have followed its remarkable evolution, we may render service by presenting the facts in a brief summary. On the morning of the 26th February, 1824, aman and woman presented themselves at St. Pancras Church as James Masters and Mary Jones, widow, and were married. On the Bth of March following only ten days afterwards, the same female was married at days Church, in the name of Mary Wall, to John Sheppard. Mr. and Mrs. Sheppard lived together from the time of marriage until 1843, when they agreed to a separation. In 1845 the husband died worth £6,000, and his widow, having administered, distrib u ted his estate, reserving to herself the portion to which she would be entitled as his widow. In January, 1857, she died also, disposing of her property in favour ofthe children of Mr. Mortiboy. The family of Mr. Sheppard, disappointed at the disposal of money to which they considered they had some claim, saw no means of obtaining any share of the property, until an accident, as they allege, placed in their possession a certificate of Mrs. Sheppard's earlier marriage with Masters, of which they were till then unaware. Upon discovering this fact they filed their bill in this suit, Haviland being the next of kin of John, and Mortiboy the executor of Mary, Sheppard. The plaintiffs contended that the first marriage, with Masters, rendered the second, which followed immediately upon it, illegal. The defend ants replied that the two marriages were those of the same parties under different names—that, in deed, not only was "Mary Jones" Mary Wall, as both sides admitted, but that James Masters was also John Sheppard. The Vice-Chancellor decided against them, and condemning the second marriage as illegal, thereby annulled the rights of the testat' . as Sheppard's widow, with all the testamen tary dispositions which had been built upon them. It will readily be supposed that to ascertain by ver bal testimony the identity of parties to a ceremony which took place five and thirty years ago was no easy matter. Yet this was to be done before either the legality or the illegality of Mary Wall's second marriage could be established. The defendants, dissatisfied with the Vice-Chancellor's decision, ap pealed, and the plaintiffs were required once more to prove their case. Mary Wall, to speak of her first in what proves to have been her maiden name, appears to have com menced life by trading on her personal attractions. In the words of Lord Justice Knight Bruce, she was " a member of the demi-monde." She is first heard of as living in lodgings at Gloucester-place, where she was visited by a nobleman, who for the purposes of their intercourse condescended to be re puted a commercial traveller, and to bear the un aristocratic name of Jones. This person, on breaking off his connection with Mary Wall, appears to have bought for her the lease of a house in Mornington place, in which she was visited by a person named Masters, whose name she bore for a time, as she had before borne that of the pseudo-Jones. The question for the Court to decide was, who was this Masters? The plaintiffs' case was, that he was a mechanic, mean-looking, and 45 years old, facts which it is hard to reconcile with the woman's mercenary way of life. The defendants' witnesses say he was a gen tleman ; and supposing him to have been a man of property, his acceptance, notwithstanding his per sonal inferiority, becomes intelligible. According to the plaintiff's theory, Mary Wall committed bigamy without apparent motive, almost on the morrow of the first marriage, and Masters acquiesced in it against his interest. It was proved that he called at the door one morning, satisfied himself that the marriage had taken place, and was never heard of afterwards. Upon the plaintiff's showing, he thus lightly abandoned, needy as he was, a welt-fur nished house and a wife with money, while, on the other hand, that wife, in obtaining her settlement on her marriage with Sheppard, never thought of securing herself against Masters. On the supposi tion of the defendants, that Masters was a " man of property," that Mary Wall was his mistress, and that Sheppard had been induced to marry her by a pecuniary consideration offered by Masters, the circumstance presents no difficulty. Somebody of consequence, at any rate, had an interest in bring ing about the second marriage, for the settlement of Mary Wall's property contains the name of a trustee occupying a station in life higher than those who usually act for the wives of working jewellers. But admitting all this in favour of the defendants, it may be asked why the same persons should choose to be married twice over, and how the difference of name is explained. The conduct of the female is not . unintelligible. The fiction of a former marriage with Mr. Jones was one she would naturally favour for her own credit, as landlady of a respectable house. The assumption of a second name by Sheppard is accounted for, if we remember that Mary Wall had become known to many persons by the name of Mrs. Masters, and that she would like to receive some sanction for bearing it, while Sheppard was a man who would not object to take any name which would promote his interests. But when the settlement, to which, as we have seen, persons of more intelligence than the newly married pair were parties, was to be made, it was probably seen that the use of fictitious names would be fatal, and a re-marriage with real names was resolved on. Such wan the suggestion of the defendants' counsel, and it removes the last difficulty from the case. The Lord Chancellor, the Lord Justice Knight Bruce, and the Lord Justice Turner, upon a review of the facts, were unani mously of opinion that Masters was one with Shep pard as was Wall with Jones, and that Mrs. Shep pard, therefore, was the widow of John Sheppard and entitled to her moiety of the property. In reviewing the judgment of the Court below the Lord Chancellor and the Lords Justices amply acknowledged the usefulness of one of the most important of the recent Chancery reforms—that which permits the viva voce examination of wit nesses. For four' days the Court was occupied in hearing witnesses;'and the result was that the case, instead of being presented to the Judges in fixed and rigid incompleteness, grew into form under the searching questions of counsel. We find the Lord hancellor stating that when the appeal was brought to th e Lords Justices, they were of opinion that " it was essential to the ascertaining of the truth in a case of such strange and conflicting improbability that there should be a viva roce examination of the witnesses in open Court and before the full Court ;" and that " the proceedings before this Court had added materially to the evi dence, and had placed the case in a different position to that in which it stood before the Vice-Chan cellor." Yet only recently this innovation was energetically opposed as something incompatible with the quiet dignity of the Court of Chancery, and even now that the Court has the power of calling, witnesses before it, some of the Judges maintain their old prejudices against the lessons of experience and the dictates of common sense.— Daily News. The Mersey Dock Board, at their meeting yester day granted a pension of £.50 per annum t o a l a d y t we nty years has filled the post of treasurer t o the Pilot for Establishment of Liverpool, but whose services are now no longer required. LA D VgILTISEMENT.I SIORT AND HEARI NG . —Spec. TACLES.—POWERFUL TELESCOPES.—OPERA, RACE, AND PERSPECTIVE GLASSES. —Messrs. S. and B. Solomons, ticians, 39, Albermarle-Street, Piccadilly. Observe op opposite the York Hotel, W.—Opera, Race-course. Field, and general Out-door Day and Night Perspective Glasses, very small, for the waistcoat pocket, each conWning 12 and 18 lenses, constructed of German glass. Will show dis tinctly a person to know them at two-and-a-half and three miles, and an object from eight to ten miles distant. Her Majesty's Coast Guards are making use of them as day and night glasses in preference to all others; they are also pre ferred for deer-stalking by sportsmen, gentlemen, and. gamekeepers. Telescopes 31 inches long,. by which a per son may be clearly seen and known at 3§ miles' and an object at 12 to 14 miles' distance; and with an extra, astro nomical eye-piece, Jupiter's moons, Saturn's rings, and the double stars are distinctly seen. All the above can be had of larger and all sizes, with increasing powers, and are secured secured by her Majesty's Royal Letters Patent. Royal Exhibition, 18.51. A valuable, newly ia.e ven s te( l ., very small, powerful Waistcoat-pocket Glass, a tn _ _Le of a wa l nu t, by which a person can be seen n 4 known one an d a half mile distant. They answer every purpose on thr. Race-course and at the Opera houses. Count at four to six and shins are clearly seen Country scenery are invaluable for shooting, deer-stalking, ya e i l if . and tourists, ,to sportsmen, gentlemen, game keepers,reatest transparent :ice Os _Spectacle Lenses of the The great advantage derived from this invention r, that e , v a isir becoming impaired is n p r eserved and strengthened veryaged persons are e nabled to employ their sight atthemst minute occupation —can sand;th those lenses of much less magnifying power, they do not require tl: frequent changes to the Pow:filpartloafs.stance. Persons dangerous effects of farther the world by can be suited at the most remote send ing one of the glasses out of their spectacle s in a small lettr 'p r a i n n d t stating the distance from the eyes they can read with it, and those who have not made use of spectacles by e g n ani ted e statingtheirage. Deafness.—New Diseoverv.— Vibrator, an extraordinarily powerful small newly e Pai instrument for Deafness, entirely different from - Cal surpasses anything of the kind that has been, or probably ever can be, produced. Being of the same colour as the skin, is not perceptible. It enables deaf persons to hear distinctly at church and at public assemblies; the unplea sant sensation of singing noises in the ears is entirely re • moved, and it affords all the assistance that possibly could be destred.-39, Albemarle-streA Piccadilly. Observe— oppositethoiYork 119 tel) W. AMERICAN STATESMEN. DANIEL WEBSTER. I had many opportunities of subsequ?ntly seeing and knowing Mr. Webster, both in private and public life ; in his home at Washington, in the hotel at Boston in which we lived at the same time ; at my own subsequently, and in the house of his friends, where he was sometimes pleasant, but mostly dull, and more than once nearly morose. I have seen him preside in the Senate pro tenTorc, and officiate in the White House as prime minister (secretary of state) ; I have heard him plead before the Supreme Court as an advocate; I have listened to him at great meetings in the open air ; and sat beside him at public dinners under canvas, and literally sub tegminefagi. But often as I have heard him, anxiously as I have listened to him, and will ing as I was that his performances should come up to his reputation, his appearance, and his undoubted talents, I may truly say, that he never, to my notion, reached to anything like the hei g ht I ex pected. In public he was ponderous rather than powerful. In society he had none of the lightness of a man of the world, nor the weight of a man of gen ius. He declaimed, debated, argued, or con versed, according to the occasions. But in all the frequent times I have enumerated, I never saw him put his audience at ease with, or transport them beyond, themselves. Judging him by those displays, or by comparison with his contemporaries and countrymen, I should have come to the conclusion that no man was ever so bepraised beyondhis merits. As to the statesmen, lawyers, and orators of Europe —O'Connell, Brougham, Peel, Macaulay, Shiel, Guizot, Thiers, Berryer, he cannot be ranked with them at all. In elegance of style and diction he was inferior to Everett ; in fluency and quickness, to Judge Story; in bold persuasiveness to Clay ; in sententious and antithetical terseness to Cal houn ; in fervour and command of language, to Preston. In his cause before the Supreme Court (the Massachussets and Rhode Island Boundary Question) he failed. I cannot, in fine, believe that I saw Webster in his best days, either as an orator, a lawyer, or a man of society ; yet the time of my acquaintanceship with him was the period of the greatest exertion and greatest triumph. He, in common with all the leaders of his party in the year 1839, worked with a zeal never exceeded for the overthrow of the democrats, and the election of Harrison to the Presidency. Their success was complete. The most urgent stimulants existed to call forth their powers, and particularly in the case of Wtbster ; for, independent of the political inte rests at stake, the question was considered as one of social existence to him individually. It was made no secret, either by his friends or enemies, that his finances were in a state of serious derangement. The large sums of money received for professional services during a long life were all spent ; and it was notorious that he had for years chiefly subsisted on contributions from his whig partisans. They could not dispense with the aid of his talents in ad vocating their cause against their Loco-foco adver saries. They wanted him in Congress, at the caucus on the stump. To attend to all the political duty required of him he was obliged to give up almost all the profits of his profession as an attorney and counsellor at law. When his whig friends called on him to do so, had he replied "Il faut vivre," they could, not retort, " Nous n'en voyons pas la necessite ;" for his life was the vital sparks of the federal cause—his death would have been its down fal. Money, therefore, was necessary for his sup port, and the party supplied it freely. His con nection with Nicholas Biddle and the United States Bank was not mere whispered insinuation, and when the explosion of that concern, and the imper fect disclosures of Biddle and his associates so much agitated the public mind, every one awaited, but in vain, for the explanation of large sums unaccounted for, either with anticipated exultation or shame, as the list of the spoilers might or might not have dis closed the name of Daniel Webster. His whole career has proved him to have pos sessed that ambition which seeks power for the sake of display, which yields to the supremacy of preju dices, and which barters for vain show the solid independence of the mind. Webster was the son of a farmer in the state of New Hampshire. A scrambling education prepared him for the struggles of life. He first tried his hand as a schoolmaster in a neighbouring village; but soon abandoning that line, the profession of the law, studied at small ex pense, threw him on the readiest road to fortune in the United States. His talent and energy soon be came remarkable in the narrow sphere of action of a country town, which he wisely changed for the more extended one afforded by the city of Boston. There he began to practise with a considerable reputation, and found a fair field with few compe titors. He quickly gained the first place in public favour ; and had he been as prudent as he was suc cessful, he must soon have made a handsome for tune. But his turn for expense was, to say the least, as great as his thirst for distinction. He chose to vie with the wealthy merchants of the city in entertainments that had no heart in them, and in an ostentation which gained him abundance of envy and unpopularity, but neither admirers nor friends. HENRY CLAY Was unquestionably the individual of all those met with in the United States who approached the nearest to the character of" greatness"—the epithet so lavishly and so ludricouslY applied to public men in that country. He stood out far before the rest, in an attitude of independent talent, and also of easy consciousness of superiority. His manner charmed and subdued all corners. He evidently knew his power and relied on it, without the ne cessity of forcing his claims to distinction. There was no assumption of dignity, no haughtiness, no effort. He did not speak a word, nor look one look, for effect. The ordinary manoeuvring of eminent men, to gain a position and to maintain it, was foreign to his habits of thought or action. These seemed to move in spontaneous unison. Decision of mind was stamped on every phrase he uttered. Careless, yet commanding and con trolling, he neither took you by storm, not conquered you by sap. He always gained as if by magic. You subsided, as it were, into the sphere of his attraction, like Goethe's fisherman sinking into the water-nymph's embrace—the flood received and closed over you without a ripple, and you were lulled into almost unconscious subjection. The power of Henry Clay in thus gaining the at tachment of others was perhaps without a parallel ; and it was assuredly owing to nothing artificial. Nor was it the consequence of those external gifts of nature whose influence appeals to the eye rather than the understanding or the heart. (lay was ill-favoured, in the usual acceptation of the terms. His features were common place, and by no means prepossessing. His mouth was unusually wide and straight cut across his face. His upper lip was long, His bald, high forehead, scanty hair combed down at sides and back, and eyes light coloured and of no very marked expression, formed a combination singular, but possessing no element of personal beauty. He was tall and thin; not actually graceful in his movements ; but they be trayed, in his rather slovenly bearing, a self-satisfied composure, which had a nameless fascination for observers who prefer nature to constraint. Clay's manners were not highly polished. His voice was pleasing, his accent not too deeply tinc tured with the western burr, and it was quite free from the nasal twang of Yankeeism. But he could not be mistaken for anything but an American, born, bred, and fashioned in the very heart of the country, of which he was in person and character a most striking illustration. He was, in fact, the best embodiment of the national type. Physically brave, morally resolute, of mighty talent, and generous heart, he stood foremost in the phalanx of American worthies, took the first place by right, and kept it by courage. The inelegant pursuits of his early life, as " the mill boy of the Slashers" (his familiar sobri quet), the druggist's assistant, the lawyer's clerk, and the west country attorney, formed a rough foundation for his celebration; and he was of a nature too proudly simple to place it on layers of forced and inharmoni ous refinement. He was neither vulgarised by y iemi ou li)l t ri h es f sa u sti lioonns.from pursuits, nor spoiled by the conceits of civilisation. His H externalmin d signs. stooorig H in e a w l to as ak e its instinc tively well-bred, and might have formed for him self a code of cond uc t, wh i le he wo uld have . scorned a manual of etiquette. His copiousconver. conversat io n was trick. free from all conventional He talked without plain-spoken. You He was straightforwa r d and opinions at , e once . l w ith N Ie ev e n cYaoruryiknnge outknew th his Objects and his discretion n eNr r an in to h. t overs trained reserve ; and the great es t purposes of his private or poilliiteihcaliiiiisfpeiNsre,cdre confidencefollowe followed v whincandi d it energy, rgy w to bring conviction. In Clay's whole career everything was large and noble. No reptile littleness could live in the atmos phere he created. The mean subterfuges of public affairs were foreign to his manly method. In debate, in council, even in his very despotism, as the driver rather than the leader of his party, there was some thing that defied obstruction—an arrogant simpli city, that embodied, as it were, the first principles of political science in all their primitive force. Washington commanded reverence ; Franklin in spired respect ; Jefferson, Webster, Calhoun ex torted wonder, but Henry Clay, take him for all in all, was the noblest specimen of a purely American statesman. Washington, Franklin, Jefferson, were but revolted colonists, with minds formed on the institutions of England. Webster and Cal houn were republicans born and bred. So was Clay, like th ose o f hi s t wo grea t r i va l s . B u t as h e was far even their superior in life, he has not left his like— nothis likeness behind him.—" Civilised America." By Thomas Colley Grattan. you THE SUN, LONDON, FRIDAY EVENING, JANUARY 28, 1850. a wish to alter her existing will ; and her nephew —Mr. Valentine Corri—offered to bring her a draft. She told him to do so, and to leave blanks in it for the names of the legatee 4. About three days afterwards she gave the di aft to the plaintiff, remarking that it was not whl t she wanted, for there were names in it. She asked him to get her a new one with blanks, and he accordingly f - went to Mr. Capriol, o instructed Gray's inn-square, and him to make a draft will, appointino . Patricius, Valentine, and Haydn Cord her residuary legatees. The plaintiff ad mitted that the deceased had not spoken to him on the subject of the residue, and that he had had those names put in as residuary legatees, because the parties all wanted to be in the will. He thought that if she objected to them she could strike their names out. On the 22d of April the plaintiff and the testatrix called at Mr. Capriol's office to examine the will. Mr. Capriol began to read it over, but when he reached a passage relating to a servant she insisted on its omission. She also refused to let the names of the Corris stand, because, as she said, she had had enough of marrying a Cord. She added that the plaintiff had been very kind to her, and that she would therefore give him all her pro perty. A new will was then made in order to carry out her wish so expressed, and on the 22d of April it was duly executed, Mr. Capriol's two clerks being the attesting witnesses. The. plain tiffs, Mr. Capriol and other persons, were examined to show the perfect capacity of the deceased, which they spoke to in positive terms ; but it was admitted that she had latterly been in the habit of drinking more wine and brandy than was quite decorous in an old lady. Mr. Edwards said that this change did not take place till after the execution of the will. In July last she went to the Bank for the purpose of selling out £350. He went with her, but was told by the gentlemen there not to inter fere; and they persuaded her only to take out £5O, because they said the other £3OO would be safer in the Bank than anywhere else. For the defence it was contended that the habit of drinking had been acquired previous to 1857, and that it had increased until her intellect had com pletely failed her. It was, in fact, urged that she had latterly been quite imbecile and incapable of taking care of herself. In, proof of this a Mrs. Mellor, of Margate, with whom the testatrix had been accustomed to lodge, was examined; and she stated that though formerly an abstemious person, Mrs. Cord would towards the end of her life con sume as much as a bottle of gin in a day. She used to soak bread in it, and likewise to drink it neat. Other persons deposed that she could no longer distinguish between night and day, recog nise persons whom she had known for years, or tell whether she was in her own or some one else's house. Mr. Edward Head, her medical attendant, spoke to the gradual decay of her mental powers, and stated that he had attended her twice for deli rium tremens. He had conversed with Edwards on the subject, and Edwards said, "Why, what can you expect when she has been drinking a bottle of wine a day ?" Edwards said that she had been drinking for months, and that that ac counted for her having lately spent £4O or £5O more than usual. Her memory had never of late been quite what it ought to have been. She often did not recognise witness. She used to talk about throwing herself out of the window, and witness therefore desired a nurse to be hired, and her friends to be collected around her, in order, if possible to tran quillise her. He told Mr. Capriol that he should not like to buy her house of her, because if her friends were dissatisfied with the bargain, they might say he had taken advantage of her imbecile condition. Mr. Overend and Dr. Addams having addressed the jury, His lordship summed up and commented on the many singular features of the plaintiffs' case. The jury found a verdict for the defendants. The Court therefore pronounced against the will, ma condemned Edwards in the costs. COURT OF BANKRUPTCY. (Before Mr. Commissioner Goulburn.) IN RE LYON—QUESTION AS TO AVAILABLE ASSETS. The bankrupt, Henry Philip Lyon, was a licensed victualler, of Brook-street, Holborn. This was the certificate meeting. He owes to unsecured creditors £1,345 ; the assets, returned at £866, have yielded only about £220. It appeared that the bankrupt had kept a music hall and-concert room, by which he had incurred a loss of £412. Mr. Birbey appeared for the assignees, and Mr. Lawranee for the bankrupt. His Honour said that the question arose in this case, the bankrupt having come to the court on his own petition, whether the terms in the act, " avail able estate," meant available to the creditors, after deducting the costs and expenses, or available for all purposes. Mr. Lawrance referredto the case ofex parte Slater recently decided by the Lords Justices. If the meaning of the act was that there should be £l5O available after all expenses were paid, no trader could ever come to the court on his own petition, as he could not possibly tell what the expenses would be. His Honour was of opinion—froM the analogy of the first act by which a trader was empowered to petition (12 and 13 Vic., cap 105) and which re quired him to produce assets sufficient to pay ss. in the pound—that the true meaning of the clause was that there should be £l5O available for creditors. Mr. Lawrance said there were many cases where the assets were measured, not by hundreds, but by thousands, and yet the expenses of litigation and other things were so enormous that they might be reduced to a mere nullity. In the case before the court, fixtures valued at £2OO had been sold for £lOO. Mr. Birbey said the assignees had waited six months before effecting the sale, and found that a better price could not be obtained. The Commissioner—What is the precise amount realised in this case ? Mr. Nicholson, the official assignee, said that £220 had been received, but out of that £52 had to be paid for rent. Mr. Birbey—And the assignees' costs are not yet paid, so that there will be a mere nothing left for the creditors. Mr. La - wranee—On the average of cases of this kind, the expenses amount to £lOO. Mr. Birbey—Not so much as that—about £BO in these publichouse eases. The Commissioner—Unless the word "available" meant something, why was it put into thes;tatute ? The point is so important that I shall not determine it at this mcsaent;as it must ultimately go before a superior tribunal. In this case it appears there was actually £l7O available, after paying the rent and other charges ; but the question is how much will be available for creditors. I am strongly of opinion that the real meaning of the act is that there must be £l5O available for the creditors; but I will not insist on that view in the present case, but will deal with it on its general features. Mr. Birbey submitted that this was a case where the bankrupt came to the court solely to get rid of liabilities of £6,000, and having nothing to give to his creditors. Mr. Lawrance—But that includes the mortgage creditors for £5,000. The Commissioner—lt is most important at this moment, when so many schemes of bankruptcy re form are afloat, that something should be done to prevent persons coming to this court for the mere purpose of being whitewashed, having nothing to distribute among their creditors. There ought to be something to secure what was called under the old - law - the - cessio bori6rulia. Mr. Lawrance referred to the facts of the case before the court, and said that the bankrupt had incurred a great loss by litigation arising out of the re-building of his premises. The Music hall had been a losing concern, owing to the superior attrac tions of \Veston's. Persons of the class for whom. those entertainments were provided, like those of other classes, generally went where they could get most for their money, whether of sight or sound. The books in this case had been well kept; the ac counts were vouched, and the case had now been before the court for nine months. His Honour said the bankrupt in this case made a much better figure than publicans usually did in the not uncommon contests with brewers. He had begun with a surplus of £350 ; the trading had not been reckless, the expenditure had been moderate, and the books were tolerably well kept. He had brought to the court £227, and his position was much more fa'ourable than that of many bankrupts. He was entitled to his certificate of the second class. IN RE HUNT. The bankrupt, a trunk maker, of Southampton, applied for his certificate. Debts, £675 ; assets, £270. Mr. Farrar appeared for the assignees, and Mr. Mackie for the bankrupt, who attributed his failure in some measure to the Russian war. His Honour granted a second class certificate. (Before Mr. Commissioner Evans.) IN RE WILLIAMS. This was the examination meeting in the case of T. Williams, describedas a dealer in wines, but who had kept a public-house in Jermyn-strcet. No accounts had been tiled, but the liabilities were sup posed to be about £BOO. It was stated that the bankrupt was still uncertified under a former bankruptcy. Mr. Wellborne, for the assignee, asked for an adjournment sine die, which was ordered. INSOLVENT DEBTORS COURT. (Before. Mr. Commissioner Phillips.) IN RE THOMAS BLAKE AYSIIFORD. This insolvent, a coach builder in Drury-lane, and at Walham-green, was opposed by Mr. Dowse for three creditors, and supported by Mr. Reed. In this case (which occupied some time) the debts LAW' INTELLIGENCE. Jan. 27. COURT OF EXCHEQUER. Sitting in Banco—(Before the Lord Chief Baron, and Barons Bramwell, Watson, and Channell.) COWARD V. BADDELEY.-WHAT CONSTITUTES AN ASSAULT? "On this case, which has attracted considerable Public attention, not only as involving the conduct of some members of the police force, but of raising the question—what constitutes an assault ?—being called on, Mr. Sergeant Shee said—ln this action, which was tried before Mr. Baron Bramwell, at the sit tings at Guildhall, and in which a verdict was found for the plaintiff, with damages of £lO, I have to move, pursuant to leave reserved, to enter the verdict for the defendant. It was an action for assault and false imprisonment, to which the de fendant pleaded, firstly, not guilty ; secondly, that the plaintiff had first assaulted the defendant ; and thirdly, that the plaintiff had, within the metro• politan police district, first assaulted the defendant. and the defendant gave the plaintiff into the cus tody of the policeman who had view of the assault. The Lord Chief Baron—On what plea do you move to enter the verdict for the defendant ? _ _ Mr. Sergeant Shee—On the second, my lord. The'plaintiff is a gentleman of respectability, con nected with the financial department of the Morning Post, and on the 31st of October, 1858, he dined with a gentleman at Highbury. He was returning rather late to the Morning Post office, when, on passing Islington-green, he saw a fire, around which a great number of persons were collected, and amongst them the defendant, Mr. Baddeley, who was employed directing a brigade of firemen, and actually had the hose in hand playing the water on the house which was on fire. The defendant had been employed for a considerable time by the parish as the director of its fire-brigade, and there could be no doubt—indeed it could not be denied—that on the occasion in question he was employed in the ordinary execution of his duty. The plaintiff,.Mr. Coward, on arriving at the fire, appears to have be come very much excited, inasmuch as several per sons, and amongst others the inspector of police, were under the impression that he was intoxicated. The Lord Chief Baron—Had the plaintiff any personal interest in the fire ? Mr. Sergeant Shee—No, my lord. However the result of the evidence was that this gentleman was not intoxicated although he had been spending the evening comfortably with his friend. But he was very much excited at the fire. The Lord Chief Baron—There is no doubt ()Teat excitement at a fire. _ Mr. Sergeant Shee—Mr. Coward appeared to think that the defendant was not taking proper steps to put out the fire—that he was wrong in directing the water on the burning house, and would have done better if he had directed his efforts to the adjoining house. Be this as it may, the plaintiff crossed over from the crowd to Mr. Baddcley, who certainly understood the matter much better than he did, and said to him—" You fool !—what are you doing ? That is not the way to put out a fire. Mr. Baddeley requested him to step aside, which he did ; but shortly afterwards he returnedAminguncivil language to the defendant, taking him by the arm, and turning him round, so that he very nearly fell. The hose which was in the defendant's hand was certainly turned so much round that the water was diverted from the burn ing house to the people. • • The Lord Chief Baron—l suppose it rather put them out ? (Laughter.) Mr. Sergeant Shee—Just so, my lord. Now, the question is, was that an assault ? The Lord Chief Baron—Was what an assault ? Mr. Sergeant Shee—Taking the defendantby the shoulder and turning him right round. The Lord Chief Baron-,—ls that the point re served ? Mr. Sergeant Shee—The learned judge was of opinion that a man could not commit an assault on another when there was no hostile intention. The learned judge thought the plaintiff had received a hard measure of treatment—not from the defen dant, but from the police, who, on zeeing him, de cided that he was drunk, refused to send for bail for him, and kept him all night in a cell in the com pany of felons and persons in an inferior position to his own. There can be no doubt that the plain tiff suffered more than he ought. Baron Bram well laid it down in the first place, that in order to support the plea, there must have been an imposition of hands by the plaintiff on the defendant with a hostile intention. I think that was a mistake on the part of the learned judge, and he seemed to entertain some doubts on the point himself, for he gave me leave to move. Mr. Baron Channell—lt may be that the plain tiff came in contact with the defendant by mistake. Would that be an assault ? Mr. Sergeant Shee—Lord Abinger has laid it down that everything is an assault if committed without leave or license. The Lord Chief Baron—Yes, brother Shee ; everything which cannot be justified. Mr. Sergeant Shee—An assault may be com mitted with the best motive, but the question is, is it intentional ? I am sure if the learned baron were here he would say I should have a rule. Mr. Baron Bramwell, who had been sitting at nisi prius, here came into court amidst much laughter.. His lordship said that the jury had found that there had been an imposition of hands, but not with the intention of assaulting the de fendant, but of merely drawing his attention. The Lord Chief Baron—lf you wish to obtain a man's attention, and gave him a rap on the shoulder, it is an assault ; and in such a case the plaintiff might probably recover a farthing damages. Mr. Baron Bramwell—My doubt was whether this was an indictable assault. The Lord Chief Baron—Oh, that is a very diffe rent thing. Mr. Sergeant Shee—Wo are accustomed to re gard everything as an asssult. The Lord Chief Baron—Take your rule. Rule nisi accordingly.. THE ATTORNEY-GENERAL V. BARRY.-PARCHMENT AND 'Unit. This was an information filed by the Attorney- General against the defendant to recover penalties for carrying on business as a papermaker at Abbey mills, Brompton ; the question being whether the article manufactured by the defendant was lia• ble to duty as paper. At the trial, which took place before Mr. Baron Bramwell, a verdict was en tered for the crown, subject to the opinion of this court whether the material was to be regarded as paper or parchment, and a rule was subsequently obtained. It was contended on behalf of the crown that the article was paper within the act of Parlia ment, and as such liable to duty. For the defen dant it was urged that it was not paper, because it was manufactured of animal and not of vegetable matter ; that its appearance was different from, and it was applied to different purposes than, paper ; and, further, that if it were liable to duty at all, it was only liable to the lesser duty payable upon parchment. The invention for which letters patent were granted to Mr. John Harcourt Brown, of Arthur's Seat, Aberdeen, was for " Improvements in the manufacture of artificial skins ;" the object being to produce artificial skins for the manufacture of parch ment, or such like articles, and leather, and consists in employing the cuttings or other parts of hides and skins by reducing the same to pulp, and then by rollers or pressure to produce sheets. Mr. Wilde And Mr. Bevan, on behalf of the crown, now showed cause against the rule, which was supported by Mr. Bovill and Mr. Welsby. During the arguments several beautiful specimens of the manufacture applicable to many useful pur poses were handed up to the bench, and inspected by the learned judges with much interest. The Court reserved judgment. COURT OF PROBATE AND DIVORCE. (Before the Judge Ordinary.) EDWARDS V. PAYNE AND REEVE.-SPECIAL JURY The deceased, Mrs. Alice Corri, the widow of Domenicho CorH, died at her house, in Barrow-hill place, Regent's-park, on the 26th Angust last. She was 78 years of age, and she left a, will dated the 22d of April, 1858. Her property was worth about £BOO. She left no next of kin, and the plaintiff, a carpenter, who lived at 16, St. John's-wood-teraace, was the person named as her executor in her last will. The defendant, Mr. Reeve, was the executor under a former will, and he impeached the docu ment before the court on the ground of undue influence and want of capacity. Dr. Addams, Q.C., and Mr. Jones appeared for the plaintiff; Mr. Overend, Q.C., Mr. Hawkins, Q.C., Mr. Stephens, and Mr. Moore for the defen dants. The deceased in the early part of her life had been connected with the lyric stage, and had had the sum of £2OO a year settled upon her by the Duke of Queensberry, the annuity being secured by a rent charge upon his grace's estate. - In 1834 she left her property to her sister ; but in 1847, when her sister died, she made a new will, by which she di vided it amongst the six children and grandchildren of her husband by a previous marriage. Iu 1857 the executors of the Duke of Queensberry obtained from the deceased a surrender of her rent charge for a Government annuity of £2OO and a bonus of £2OO. The plaintiff made his first acquaintance with her about 10 years ago, when she sent for him to execute some repairs at her house. This ac quaintance gradually ripened into an intimacy. The plaintiff transacted various matters of business for her, and amongst other things conducted the negotiations on her behalf with th Duke of Queens berry's solicitors. On the 4th January last, after she had received the bonus of £2OO, she expressed exceeded £2,500, and the insolvent had debts owing to him, besides which a quantity of property had been given up, and there was a sum in court for the creditors. It appeared that the insolvent had worked for the General Omnibus Company, and received £5OB for four omnibuses, out of which he promised to pay, as stated, one of the opposing creditors, Mr. Sherwin. He also worked for the Saloon Omnibus Company, and claimed a sum of money from them. He had an extensive business, 'and, according to his statement, had spent considerable sums in patents for improvements in buildinm vehicles. Mr. Isaacs was a creditor, and said -the insolvent told him he had the lease of the house in Drury-lane. The other opposing creditors, Messrs. Taylor and Walker, were creditors to £l9, incurred when the insolvent was in difficulties. Mr. Commissioner Phillips considered that, under all the eircumstanees, this was a case which called for the full application of the discretionary clause, and pronounced a judgment of six months from the vesting order in November last. The court sat to a late hour. MIDDLESEX SESSIONS, fan. 27. The sittings of the court for the January Quarter Sessions were resumed yesterday morning at the Guildhall, Westniinster, before Mr. Pashley, Q.C., Assistant Judge ; Mr. Creasy and Mr. Payne, depu ties ; and the following magistrates were present — Mr. Pownall, chairman of the bench; Mr. Gould Mr. Goodhart, Mr. Watts, Mr. Farrant, Mr. Ho garth, Mr. Dimsdale, Mr. White, Captain Morley, Mr. E. W. Cox, and Mr. Bird. There were 84 prisoners for trial. The Assistant Judge delivered a short . charge to the grand jury. Edward Baker Tapley, 33, and Benjamin Dear berg, 49, town travellers, were indicted for feloni ously embezzling money received by them on ac count of John Taylor and others, their masters. They pleaded guilty. Mr. Sleigh, for the prosecution, said the prisoners had been travellers and collectors to Messrs. Tay lor,. cocoa and chocolate manufacturers, and by means of false entries in the books, they acting in concert and playing into each other's hands, had defrauded their employers to the amount, as at present ascertained, of about £l,OOO. Dearberg had been in their service about 16 years, and Tapley about eight. There was some reason to think that Tapley had drawn the other into this scheme of robbery and fraud, and it appeared that he had been in the habit of investing money in shares and other securities, but he had at present kept them out of the reach of the prosecutors, or they might be made available to reduce the _amount of the de falcation, in so far as it related to him. Perhaps the court might induce him to disclose where these securities were kept. Dearberg . had a salary of £l3O a year, and a small commission upon the sale of mustard. Tapley had £lOO a year, out of which, however, they had to pay some small expenses. Mr. Metcalfe, on behalf of Dearberg, said he had been led into these transaction§ by Tapley, the com mencement being a loan of £27. The result was, that when payment had to be made their masters' money was made use of, other loans having been made. Dearberg had been in the service 16 years, and had borne a very good character until he was unhappily tempted to j oin in these frauds. The prosecutor having been examined, The Assistant-Judge said, under no circumstances could the court, in a case like this, depart from the principle laid down with respect to those who, holding responsible and confidential positions, with proportionate salaries, availed themselves of that position to commit extensive frauds upon their unsuspecting employers. The sentence upon each of them was five years penal servitude. Wm. Taylor, 34, clerk, was indicted for having stolen six bankers' cheques, representing the value of £4O and over, the property of Robert Brutton and others, his masters. He pleaded guilty. Mr. Sleigh said the prisoner broke open , the cash box of the vestry clerk of Bethnal-green, stole the cheques which were in it, which he went about the neighbourhood and got changed. The court sentenced him to hard labour for one year. Mr. Sleigh and Mr. Smart were for the prosecu tion. . . Karl Peterssen, 22, sailor, was ip,dleted for unlaw fully assaulting and wounding Auguste Maddsen. The prisoner and the prosecutor were both Swedish sailors, and had a quarrel on board their vessel at Limehouse, during which the prisoner struck him with a knife and wounded him in the side. The jury found the prisoner guilty, and The Court sentenced him. to 12 months' hard labour. John O'Donnell, 16, was indicted for stealing 51bs. of copper, value ss. 6d. ' from a Turkish gun boat, in the shipbuilding yard of Messrs. Money Wigram and Co., Blackwall, after a former convic tion of a similar offence committed upon the same premises. • Sentenced to six months' hard labour. (Before Mr. Creasy.) Thos. Richebell and John Parrot; two well-dressed and gentlemanly4ooking persons, were indicted for having committed an assault on Giovanni Porpa. Mr. Sleigh and Mr. F. H. Lewis were for the prosecution ; Mr. 'Metcalfe defended Richebell ; Mr. J. P. Doyle appeared for Parrot. The prosecutor is a tailor, carrying on business at 88, Pall-mall, and the defendant, Richebell, had in September last a transtetion with him about some clothes, the result of which was that Mr. Porpa sued him in the county court. In conse quence of a letter he received, the prosecutor went one day to Bloomsbury-square, when he was met by Richebell, who assaulted him with a - stick, when Parrot went up. Mr. Porpa thought Parrot was an accomplice of Richebell in the, assault, as he went away with Richebell in a cab, but it turned out that he had never seen him' before, and had had merely said he would be a witness for Riche bell if he was required. He stated that the prose cutor challenged Richebell to - fight if he would lay down his stick. The letter was a fictitious one, sent for the purpose, it- would seem, of getting Mr. Porpa to a convenient place for a thrashing, Richebell having received, it' was alleged, great provocation by Mr. Porpa insulting him in the public streets, and calling him very unpleasant names. • The jury, on an intimation from the learned judge, acquitted .'Mr. Parrot, who was then put into the box, and he declared that he had nothing whatever to do with the assault and had never spoken to Richebell before the moment it was committed. He was standing in a door-way out of the rain, When he saw what took place, and then went up as a spectator. Mr. Creasy said that was a satisfactory explana tion. Mr. Metcalfe said on the part of Mr. Richebell that he could not deny the common assault, but Mr. Porpa had greatly provoked him, by public insult, and in a fit of temper he thought he would have his revenge in this way, but he was sorry he had been so led away, and of course would not repeat anything of the kind. The jury then found Richebell guilty, and Mr. Creasy sentenced bim to ten days' imprison ment, and to pay to the Crown a fine of £2O. John Howell, 50, was indicted for stealing four silver spoons, value £7, and other articles, the pro perty of Maria Waldo Sibthorpe, his mistress, in her dwelling house. He pleaded guilty, and the Assistant-Judge sen tenced him to nine months' hard labour. POLICE INTELLIGENCE, Jan. 27. MANSION-HOUSE.—Henry William Goodeve, clerk to Mr. Horniman, tea merchant, 30, Worm wood-street, who had been remanded upon the charge of having embezzled 17 cheques, amounting to £65 10s., belonging 'to his employer, was again placed at the bar. The evidence given at the former examination was to the effect that the prisoney had been en trusted with the cheques in order that he might enclose them in letters of advice to the proprietors of various journals throughout the country. In stead of doing this, however, lie got them cashed by Mr. Jackson, a licensed victualler, in Whitmore road, Hoxton, and appropriated their proceeds to his own use. Mr. Morgan (Humphreys, Son, and Morgan) said that since the last examination he had ascertained that the witness, Mr. Jackson, had passed three separate lots of cheques belonging to the prosecu tor through his banker's for the accommodation of the prisoner, instead of two lots as stated by that witness. EMT. R. B. Hill, proprietor of the Bedford Mer cury, said—The sum of £3 155., referred to in the cheque produced, has not been paid to me. Mr. J. S. Clark, proprietor of the Peterborough Advertiser, said the cheque produced for £3 15s. had never reached him. Mr. F. J. Horniman—l produce three cheques upon our bankers, amounting to £l6 Os. 10d., dated the 25th May, which I delivered to the' prisoner about that time to place in letters and send to their destination. The six cheques dated Ist July, and am ountino. to £3B 195., were also handed t o hi m to be posted. On the 18th Aug. I delivered to him nine cheques, amounting to £59.175. 6d., to be for warded by post. Those cheques have all been re 'turned to us as paid by our bankers. Mr. Jackson said the whole of the cheques re ferred to by the last witness had been cashed by him for the prisoner. In reply to Sir R. W. Carden; • The witness said that he had never charged the prisoner anything for the accommodation he had given hi; nby cashing the cheques, but had merely deducted trifling sums for beer supplied to the pri soner's.cause. Mr. J.. Ray—l am cashier to Messrs Davis, the bank:Ts, Shorediteh. The six cheques pro duced, mounting to the sum of £3B 195., I receive' 1 from Mr. Jackson, and passed them to his aceou nt. The three cheques amounting to £l6 Os. 10d., 1 and the nine to .£59 17s. 6d., I al so p asse d through , our bank. M r . AR 'rgan said that was the case for the pro secution. _ Mr. Bea: 'xi said it was the intention of the pri soner to plc ad guilty to the charge at the t r i a l. The prisc.. ner, -who after the usual caution, stated that he had n.')th ing to say, was then fully com mitted to the C:2l:..tral Criminal Court for trial, en the three sev,lrti 1 charges of having feloniously stolen 17, 3,6, a d 9 cheques. Abraham Kell A r, a respectable looking man, atred. 38, was charged 'before the Lord Mayor with }ly ing obtained a q' iantity- of boots of the value of £2O, and four dozen 1 iottles of Bass's pale ale, of the value of £1 lls., under false pretences. Mr. W. Poste ns, wine and beer merchant, 23, Rood-lane, said— -The prisoner called at my count ing-house about the 11th Dec., and stated that his name was Hair tilton ; that he had been to my neighbours, Mes: in. Pugh, and given them an order for some wine, a nd that they had recommended him to me for sc cue beer, which he required. I asked him where he resided, and he gave the ad dress, 483 A, New Oxford-street. I believed that he had been recc , mmended by Messrs. Vincent and Pugh, and sent h im two dozen quarts and two dozen pints, which wei T to be paid for at the end of the week. He said he was about to open a shop, but I do not reeolleitt in what particular line- I after wards ascertainedthat he had been simply recom mended by Met,,lscrs. Vincent and Pugh's cellarman. Mr. Goodman What is your particular charge against him ? Prosecutor—E to obtained these goods under the name of Hamilt , :m, his real name being Kelly, and he having taken: the premises he occupied for the purpose of getting goods in this manner, and de frauding their o wners of their value. The Lord Ma:yor—lt appears that the prisoner told a falsehood, for the purpose of getting these goods. Prisoner—l never told a falsebood. I have just passed through ti le Insolvent Debtors Court, and now these things are , brought against me. Prosecutor-111e urged me to send the beer at once on the ground that his wife was an invalid, and I did so. Fortunately for Messrs. Vincent and Pugh they did not ex acute the prisoner's order. The Lord M:a.yor—They exercised sounder dis cretion than you did. Prosecutor—They did, my lord. Policeman B. Baldwin, 537, said he believed he should be able to bring a great number of other cases against the prisoner if a remand were granted. There was another charge already entered against him of obtaining boots of the value of £2O, under false pretences. He had been declared insolvent over and over again in all parts of London, and latterly . in Blackman-street and Dover-street, Borough. Numbers of tradesmen have been de frauded of their property by his false represen ' tations. _ _ The Lord Mayor—The only astonishment is that respectable tradesmen fall into such snares, and' become the dupes of villains who want to obtain goods from them without the means of payilig for them. However, the case will stand over for the present, in order that other persons who have charges to prefer against the prisoner may have an opportunity of being present. The prisoner was removed to a cell below stairs. CLERKENWELL—WiIIiam Harding, residing at 38, Middlesex-street, Somer's Town, applied to his worship under the following circumstances : The applicant, who had his arm in a sling, stated that he was a farrier by trade, but in consequence of having burnt his arm, he had been unable to work, and was in great distress. To add to his distress, this day week his wife was delivered of a still born child, and had now only a small quantity of dry bread for her sustenance, although she was very ill. The parish authorities of St. Pancras had buried the child, but had not relieved the family. He (the applicant) yesterday morning went to the workhouse, and having knocked at the gate, saw an old man, who told him that nothing could be done, as he was too late, and that he had better apply the next day. This (Thursday) morn ing he again went to the workhouse, and saw the same old man who told him he must call again on Friday. Being in great distress, he thought it bet ter to apply to his worship. He only wanted relief until his arm got better, and to provide the proper necessaries for his sick wife. Mr. Tyrwhitt inquired to what parish the appli cant belonged ? Applicant stated that he was born at the Hyde, near Edgeware,•but that ho had been living in the parish of St. Pancras nearly all his life. Mr. Tyrwhitt said he had no control over the management of the poor. H. most sincerely de plored the policy pursued, and lamented the way in which the poor-law was carried out. He told the applicant to apply again at the workhouse ; and to relieve the applicant's present necessities he would give him ss. out of the poor-box. MARYLEBONE.—Mr. J. Plews, a timber mer chant, living at 384, Euston•road, was charged with having caused the death of Mr. John H. Burrows, clothier, &c., Hampstead-road. The court was much crowded during the inquiry. The first witness called was Rosanna Friend, who deposed that she was servant to the deceased, and that on the previous evening, between seven and eight o'clock, there was a loud talking between her master (deceased) and the prisoner in the shop. Some high and angry words took place. Mr. Long—Upon hearing what you have stated, what did you do ? Witness—l tried to persuade my master to come from the shop into the parlour, but he did not do so. The prisoner offered to fight him, and held his fist close up to his (my master's) face. He turned rbund to avoid the blow, and was hit with great violence upon the back; he staggered several yards and fell with his head against the handle of a drawer. He was wounded on the head, and died immediately. _ Mr. Long- 1 , irais your master in good health before this? Witness—He was, sir. Mr. Long—Did the prisoner and your master come in together ? Witness—They did. Mr. Long—Do you know what gave rise to the quarrel ? Witness—l do not. In reply to further questions from Mr. Long, Witness said—l heard deceased say that Plows had robbed him, or tried to rob him, and called him a thief. Mr. Collins, surgeon, Mornin gt on -crescent, stated that he found upon examining the deceased a sniall scalp wound. He observed no other external marks of violence. Mr. Long—What in your opinion was the cause of death ? Witness—The rupture of a vessel of the brain occasioned by the fall. Mr. Long—Can you say in what condition of health the deceesed was at the time of this occur rence ? _ Witness—No, sir. The prisoner had no question to ask of either of fie witnesses examined. Sergeant Beard, 23 S, stated, that having re ceived, information of the death of Mr. Burrows, he went to the residence of prisoner, at five minutes to twelve at night, accompanied by Constable White, No. 290, and found the prisoner 'lying asleep on the sofa. He was undressed, and on witness telling him that he was charged with having caused th 3 death of Mr. Burrows, he ex claimed, " My God, is he dead?" Mr. Long—ln what state did he seem to be when you took him ? Witness—He was very much excited, and I have no doubt that he was the worse for drink. He said he had struck Mr. Burrows, and that he would strike any man who accused him of villany. Mr. Long remarked that the blow which caused the fatal result was no doubt given under circum stances of great provocation by prisoner in defence of his character. It was a most serious and lament able affair, and it was his duty to remand him (prisoner) for a week. Good and substantial bail would he taken for his again appearing. TIIE SUNDAY EVENING SPECIAL SERVICES. — The following gentlemen will bo the preachers at the special evening services on Sunday next :—St. Paul's, the Rev. Dr. Arthur Penryn Stanley, Regius Professor of Ecclesias tical History in the University of Oxford, and Canon of Christchurch ; Westminster Abbey, the Very Rev. Henry Alford, B.D. Dean of Canterbury ; Exeter -hall, the Rev. Samuel Minton, ' M.A., incumbent of Percy Chapel, Totten hani-court-road; St. James's-hall (Nonconformist), the Rev. John Stoughton, minister of Phillimore-terrace chapel, Kensington. [ADVERTISEMENTI—Rarey's Horse and Cattle Improv ing Food improves the stamina, vigour, endurance, and muscle of ill-conditioned or apparently worn-but Horses, Cows, Bullocks, Calves, Sheep, and Pigs. It causes no extra expense, as it contains far more and better nourish ment than its cost of lid. per feed supplies in corn or hay; hence ensures an actual saving. In a short time it improves the appearance and value of homes and cattle by 20 to 30 per cent. Rarey and Co., sole importers, 77, pk_ cadilly, Quadrant, London. Packed in tins of about 42 feeds, Gs. ; of about 90 feeds, lls. ; in casks of about 450 f ee ds, 50s. ; of about. 1,000 feeds, £5, being a b ou t 11d. per feed. Goods forwarded on receipt of Post-ollidb Orders. r Important Caution—Beware of spurious imitations offered by the ignorant and wisepipulous, All imitators will be proceeded against, RAILWAYS IN TURKEY. Within the last few days a pamphlet of great in terest has appeared from the pen of Sir Macdonald Stephenson,the enterprising chairman of the Smyrna and Aidin Railway Company, under the title of " Remarks upon the Practicability and Advantage of Railway Communication in European and Asiatic Turkey." Accompanying this practical work is a large and accurate map of Turkey, which greatly assists the reader in his perusal of the " Remarks. The Ottoman (or Smyrna and Aidin) Railway is the first line commenced in the Turkish empire. The works upon the forty miles out of Smyrna, constituting the first section of the line, arc in course of rapid construction, and this portion of the railway it is intended to open in September next. To show the energy with which the works are pur sued, it may be mentioned that about three thou sand men, of different nations, are employed on the line. The prospects of its success are most satis factory, and no doubt can be entertained that it will prove an advantageous as well as great commercial undertaking. Th e secon d , or tunnel section is also in rapid progress. Th e t hi r d sect i on, to Aidin, lye arc informed, is easy of construction, and, as soon as the second section shall be sufficiently advanced, will be completed without delay or difficulty in time to open these two sections together. It appears that Smyrna, the first city in till Ottoman empire, contains a population of 160,060, possesses one of the finest harbours i i the world, and takes the highest rank among the trading ports of the Mediterranean. The aggregate value of its imports and exports in 1856 amounted to £5,000,0 00 sterling, and the tonnage inwards and outwards to 869,380 tons. In 1847 (according to a return of the Austrian consul at Smyrna) the imports amounted • to £2,447,493, and the exports to £2,397,342. The tradellbf the populous district through which tile railway will pass is rich in agricultural and mineral wealth, and will doubtless be further most largely de veloped by the facilities which the line will give to the conveyance of valuable merchandise hitherto car ried on the backs of thousands of mules and camels , at heavy expense and serious loss from dama ge in the transport, and from slow and tedious travelling. We may add that the Sultan is a large shareholder in the company, that he takes much interest in its progress and success, and that he rightly estimates the value of railway communication throughout his empire. Sir Macdonald Stephenson's "Remarks" com prise a brief abstract of the concession, the traffic and general prospects of the Sinyrnaßailway, with much other matter both impo r t an t an d hi g hly inte resting to all classes of th e commerc i a l commun ity. No doubt the opening of the S m y rna an d Aidin Railway will speedily l e ad t o th e cons t ruc ti on of similar great enterpri ses . Si r M ac d ona ld Stephen son has large and compr e h ens i ve v i ews i n re f eren ce to the gradual formation of ra il way commun i ca ti o n in European and Asiati c T ur k ey, b y w hi c h the whole of Europe, of Turkey, and of Asia would be brought into close connection, conferring mutual benefits on the interests both of civilisation and peace. His ardent desire is to establish a national highway, as he terms it, through Europe, to the British possessions in Asia. The opening of the Smyrna and Aidin Railway will, by demonstrating. the practicability a nd remunera ti ve c h arac t er et such undertakings, help that colossal scheme, by which Calcutta would be united by railway with London ; the British Indies with the British Isles. With some the practicability . of this noble design may -be questioned. But in these days of bold enterprise, of engineering and mechanical skill, and of liberal support to great works of world-wide utility, what limit can be fixed to plans of this nature ? Rapid intercommunication is the domi nant idea of the future : our children will enjoy as realities what we now regard as Utopias. COUNTRY MARKETS. BIRMINGHAM—JAx. 27. This day's market was shortly supplied by the farmers, yet the buyer had the advantage. Barley maintained its value. Oats held higher, but only taken in retail. Fine beans Is. dearer. Peas quite as high. MANCHESTER-JAN. 27. There was about an average attendance at our market this morning. Good- conditioned samples of English wheat were in fair demand at last week's prices, but damp parcels were neglected. Flour met a slow sale; and is 6d per sack lower. Oats were firm, and oatmeal brought rather more money. Beans were is per qr. higher. Egyptian bean and Indian corn were unchanged. BOSTON-JAN. 26. There was .a large attendance at this day's market, and a liberal supply of wheat, which met a slow consumptive de mand, at rates a trifle under those of this day se'nnight. Beans a shade dearer. Other grain as last week. Wheat .3Bs to 40s Oa is ISs to 23s White .42s to 43s Belns Barley .27s to 40s Teas 40s to 50s LOUTH-JAN. 26. A rather inactive trade in. corn to-day, .yet.prices for all sorts cannot be quoted lower. The lqest.wheals maintaincd their former value, as did also barley. Other descriptions of grain unaltered in value. Wheat, red . 38s to 425, white 463; barley, 31s to 35s ; oats, 22 to 25.; . beans, 353 to 3t) per qr. EDINBURGH GRAIN-JAN. 26. Supplies still large. Sales rather heavy, and prices much the same as last week. Wheat on the top is Od down average ee Osls 2idd up. Oats Barley on the top is Od up Oats on the top is Od up... .. .. average Os ld down. Beans on the top 2s Od up....... —average is id up. AverageS per Imperial quarter. Wheat.... Barley . 1 12 3 5-12ths Oats . 1 4 0 6-12ths Beans • 2 1 8 8-12ths Total Supply and Sales. Wheat ...1496 qrs Sold 1225 qrs 8ar1ey........2320 qrs Sold 1649 qrs Oats .2772 qrs Sold 1921 qrs Beans 379 qrs ' Sold 277 qrs GLASGOW—JAN. 26. This day's market was moderately attended. Wheat was a slow sale at about 6d reduction per 2401 b. Flour partici pated in the decline. Barley realised fclly last week's rates. Beans were held scl per boll, oats 3d per boll, and oatmeal 3d to 6d per load higher. CORK-JAN. 26. The following were the quotations this morning :—Re 1 wheat, 18s Od to 225; white, 22s 3d to 23s 3d; barley 12s 91 to 14s Sd; oats, lls Sd to 13s Od. DERBY SMITHFIELD-JAN. 25, The supply of fat beasts to-day was very good, and the prices advanced slightly. The number of sheep was n ot large, but sold at highrates.• The show of pigs was about the average, and quite equal to the demand. Fat calve:3 wero more plentiful than of late. . beef eld to 7d Veal Gd to EP Mutton .. 6 . !d to 7/d Pork Lamb Od to ----d Rough fat, 5s Od per stoat. Hides, 5d to Od ; calf skins, 4/d to 5/d. [ADVERTISEMENT.I—IfoIIoway's Ointment and Pills.-- Cramps—Neuralgia—Spasms.---These severe nervous affec tions are happily moderated in their intensity and duration by the soothing and purifying powers of these inestimable preparaticns. Whether the cramp be in the stomach, legs, or toes, it yields with equal facility to the application of the Ointment ; and the recurrence of these distressing disor ders is. effectually prevented by a course of Holloway's Pills; which so well regulate the stomach and bowels that perfect and easy digestion is insured, and spasms avoided. The Ointment gives local, the Pills .geneval,.relief; - Enlargement of the glands, obstrticted or defective circulation are, like wise, soon corrected by thesa invaluable preparations; which pr-ify and strengthen the blood and impart tone to every organ in the body. BIRTHS. BATESON.—On the 26th inst., at. St. John's. Lodge, the wife of the Rev. Dr. Bateson, Vice-Chancellor of the University of Cambridge, of a son. • LINE—On the 13th Dec., at Raneegun: - ...e, Bengal, Mrs. Bruce Lane, of a ion. • • TuLr.octi.—On the Bth Dec., at French Rocks,' Mysore, the wife of Major Henry Tulloch, 52c1 Regiment, of a son. WEBB.—On the 26th inst., at Margate, the wife of Vero Webb, Esq., 46th Regiment, of a son. MARRIAGES: HUNT—NEWBERY.—On the 25th inst., at St. Mark's, Myddleton-square, Mr. James Hunt, to Jane, fourth daughter of Mr. John Newbery, Hackney. K lNG —Cummiso-SHINE-GoitDoN.—On the 25th inst., at St. Peter's Church, Eaton-square, Capt. W. Ross King, 74th Highlanders, to Lucan, younger daughter of the late W. Cumming-Skene-Gordon, Esq., of Pitlurg, and Parkhill, Aberdeenshire. M A RTIN—WIN:utu..—On the 22d inst., at West Ham Church, Arthur Burnett, youngest son of Capt. Martin, harbour master, 'Ramsgate, to Elizabeth, only daughter of the late William Hill Wigmill , Esq., of Stratford, Essex. DEATHS. BERRY.—On the 13th inst., at Dulwich-common Miss Sarah:Berry, aged 67. GREAN.—On the 24th inst., at Brighton, the third son of R. R. Gream, Esq., of Tunbridge-wells, aged 12 years. LEVETT.—On the ISth inst., at his residence, Museum street, Bloomsbury-square, Mr. Richard Levett, jun., son of Mr. Richard Levctt, of Rateliff, Middlesex, aged 49. MITCHELL.—On the 22d inst., at Edinburgh, Mary Eliza beth, aged 4f years, eldest daughter of W. Mitchell, Eso of Craigleith House, near Edinburgh. PRICIIARD.—On the 21st inst., at Bromsash, near Ross, Herefordshire, Edward Prichard, Esq., aged 71. SPEARING.—On the 25th inst., Jane, the wife of G. Spearing, of Leadenhall•-street. STAMPA.—On the 12th inst., at Constantinople, Mr. A. Stampa, of that city. LONDON : Printed and Published by MURDO YOUNG, of No. 112, Strand, Printer, at The Sten Office, No. 111', Strand, in the Precinct of the Savoy, in the county of Middletwx, Friday s January 28, 1859. 1