The Sun. — London, England, 1859-12-10 00:00:00

LAW INTELLIGENCE, Dec. 9. COURT OF PROBATE. (Before Sir C. Cresswell and a Special Jury.) SKIPPER AND A. SKIPPER V. BODKIN AND OTHERS. Mr. Sergeant Pigott, Dr. Tristram, and Mr. Couch appeared for the plaintiffs, who are the executors of the late Rev. J. W. Smyth, of Cringleford, in Nor folk ; and E. James, Q.C., Dr. Phillimore, Q.C., and Mr. Coleridge for the defendants, who are heirs-at law and next of kin of the deceased, and who op posed probate on the grounds of incapacity and undue influence. At the sittin g o f th e C our t th e exam i na ti on o f Witnesses in support of the will was resumed. Mr. Hardy, a grocer of Norwich, said the testator had dealt with him for many years, and used to drive or walk to the shop, give his orders, and pay his bins. There did not appear to be any defect in his understanding. He did not pay his own bills after 1856. Mr. Cannell, an overseer of Cringleford and col lector of the poor-rate, proved that he was gene rally paid by Mr. Smyth. Five or six years ago he wrote a cheque for £9O instead of £l9, but disco vered his mistake and wrote another. In the quarter before he died he complained that the rate was ra ther high, and said, " the poor, if I had my own mind they should be sent to their own parishes." He added that he would rather give his money to them than to his relatives. On a previous occasion he said he would rather burn his money than let his relatives have it. Cross - examined—Alfred Massey is now living at Cringleford. He and I have been out shooting together once, but we are not on intimate terms. Sometimes Mr. Smyth did not know me when I first went in. Either Edwards or Mrs. Edwards was with him when he paid the rates during the last three or four years of his life. Mr. Steward, a solicitor, who had advanced £B,OOO on an estate called Toperoft, in 1854, proved that Mr. Smyth had executed the mortgage and given authority to Delf to receive the money. Mr. Swatsnan, a solicitor at Norwich, who had been engaged in the same transaction on the part of Mr. Smyth. and Mr. Delf, said Mr. Smyth told him the money was to be given to Delf, and Delf was to pay thaantersst. He had not the slightest doubt of Mr. Smyth's competency. Mrs White, a London attorney, who had prepared and attested the will of 1856 in favour of Massey, stated that he had received his instructions from Mr. Smyth, who expressed his confidence in Mr. Massey, and seemed perfectly to comprehend the business. The attesting witnesses to a number of the various - wills and codicils were also called, and gave their opinions that Mr. Smyth was of testamentary capacity, Several letters written by Mr. Smyth to Mr. Massey and Skipper were read, extending from 1849 to 185 1 ), containing nothing at all remarkable either in nasitter or in manner. Two receipts, with his sig nabare attached, dated the 22d February, 1859, and 24th March, 1859, for the monthly £2O paid him by Messrs. Skipper, were also put in evid ence . Mr. Edwin ames said that no witnesses would be called for the defendants. Mr. Sergeant Pigott therefore summed up the plaintiff's evidence. He submitted that as there was no evidence at all of undue influence, the only question was that of incompetency. Even if the jury thought that the testator was a man of im moral habits and liable to let his associates take advantage of him, that was no reason for invalidat ing his will. His disposition of his property might appear whimsical, but he had no relatives about him. lie was alone in the world. He assigned reasons more or less valid for the benefits that he conferred on different persons, and it clearly appeared to he his intention that none of the Bodkins should hare his property if he could help it. Various calumnies as to his mode of life had been insinuated in the course of the case, but they were not consistent with his let ters and his acts, and no evidence had been given to show what foundation, if any, existed. There was - was nothing unusual or improper in the manner in which the instructions for the final will were given, or in which the will itself was executed, and both at the time of the execution and subsequently he gave . indications of perfect testamentary capacity. It was several months afterwards that he objected to the • charge of Dr. Hutchison and employed another • medical man. The learned sergeant concluded by Calling, upon the jury not lightly to set aside a will, as they were all interested in up; folding wilts unless it could be clearly proved that they did not carry ont the intentions of the tes,tP s tors. Mr. E. James, in his arlilress to the jury for the defendants, said that t' sit ground upon -which the will was opposed was that this weak-minded and vacillating old man, not being or mental capacity to resist the dark astd mysterious influence of his associates, M asse-4-, Newton, and Dell, made various conveyances to them at different times, and confirmed all these convoyances by the will, not knowing that it would hays that effect. The object of Messrs. Skipper in inducinf.s, him to execute it was to obtain the entire, Control, as executors, of the whole pro - perty, Olinkini- there would be no one to call them • to accssant. Mr. Bodkin, who was a crentleman of . landod property in Ireland, and had represented Galway in Parliament, learned in 1855 that his uncle was perfectly incompetent, and had got rid of all his property ; but, instead, of annoying the old gentleman by issuing a commission in lunacy, he took the proper course of waiting until he died, to see whether Messrs. Skipper would dare to set up such a will as the present. The learned counsel then went through the evidence arguing that it proved that the old man was a mere automaton in the hands of Messrs. Skipper, or of any one who could get hold of him. He signed 'whatever was given to him, and became at last so utterly incapable of managing his own affairs that he was only allowed a miserable £240 a-year, out of his £l,BOO, and all his concerns, even the most trivial, were managed by Messrs. Skipper. He had accused Massey and Delf, the one of stealing his plate and the other of stealing his deeds ; he had called New eon a rascal, and yet all his conveyances Were confirmed by a compendious line in his final will. His conveyances to various people—Alfred and Wm, Massey, a Mr. Tyler and his wife, Hut chison's wife, Delf, and his relative, the Rev. H. Delf, and others —comprised property to the value of no less than £60,000, and the will confirmed them alls The learned counsel commented in severe terms upon the conduct of Messrs. Skipper in their dealings with Mr. Smyth. They had, he said, the greatest interest in the result of this cause, and it was their evidence alone which was relied on to uphold the will, because they had neither dared to - call the Edwards's, who knew more about the de. • ceased than anybody else, nor Delf, nor Massey, nor any of his intimate associates. In conclusion, he expressed a hope that the jury would defeat the attempt now made to establish the validity of these suspicious transactions. The learned Judge then summed up. With re - gard to the first, issue he directed the jury that the deceased would not be incapable of making a will if he was able to understand the nature of the pro perty ho was disposing of, to bear in mind his rela, fves and the persons connected with him, and to make au election as to the, parties he wished to benefit. It was not enough, on the one hand, that he ilould be able to say " yes" or " no" to a simple - question ; nor, on the other hand, was it necessary that he should be a well-informed man or a scholar. He might be stupid, dull, or ignorant ; but if he understood the nature of his property, and could select the objects of his bounty, that would be suffi cient. With respect to the second, uestion, in order to establish undue influence it was not enough to show that'a man - had been persuaded or cajoled by pretended friendship, nor th a t h e h a d b een i n d uce d by importunities or requests made from time to 'time. If that were sufficient, in how many families 'would wills be set aside ! The influence of attach ment, argument, or importunity would not suffier.", Unless the importunity was carried to such an 'ax_ tent that it amounted to depriving the testatrir of his free judgment, and of the exercise of free will. If the will was the will he wished t',4 make, by whatever means he might have been ir,duced to 7nake it, or by whatever persuasion, barring fraud, it, would be a good will ; but, if he made it in con sequence of pressure, it was no longer his will, and Must be set aside. With regard to Mr, Skipper, his lordship observed that he would -unquestionably have stood better before the public if he had not teen so largely benefited by this unfortunate old man during his life, No doubt Mr. Smyth, early in his career, had been driven from society by some srievons imputation ; and Mr. Skipper said that, to consequence of that stigma on his character, he did not visit him. Mr. Skipper would have done well to have followed the example of Mr. Ballwin, and refuse to take any benefit from him. His lord ship then read over the material parts of the evidence. - The jury retired at half-past five o'clock, and re turned- at the end of an hour and a half with a verdict for the plaintiff - , upon the issue of capacity, and for the defendants upon the issue of undue influence. fADVERT/SEMENT.] Holloway's Pills and Ointment..--- Confidence. —To expect, ter merely asking, the confidence of another would be unreasonable, and for the other to disbe lieve his own senses would .be madness. To , discredit the celebrity obtained by Holloway's medicines, in all parts of the world, Is to doubt the testianOuy of thousands.. 'Their virtues have , been tested for twenty years, during which period no single charge has been made ag - ainst them, No in valid, after a fair trial, has found them fail to relieve his patn, or completely cure his disease. The combined action of , the Ointment anti rills, in all disorders, is too irresistible to bewithstird. - "Ail who try them once award them their en t irt'Collititnce, and are never deceived. 4VUE;SUN, LONDON, SATURDAY EVENING, DECEMBER 10, 1859. ASSIZE INPELLIG.ENCIE. NORTHERN CIRCUIT.—YORK, Dec. 8. (Before Mr. Justice Wightman.) William Frederick Hardy, a clerk in the Leeds Post-office, was indicted for stealing, on the 3d of October last, a post letter containing a 1;5 Bank of England note and half a sovereign, the property of the Postmaster-General. Ms. West and Mr. Blackburn prosecuted ; and Mr. Maule defended the prisoner. It appeared that on the 3d of October last a Mr. Joseph Clarke, who is a china dealer at Todmorden, posted a letter at the post-office in that town, addressed to Mr. Whitick, yeast-dealer, of Hull, and containing a £5 Bank of England note and a half-sovereign. Before posting the letter he took the number and date of the note. The letter was put into the usual letter-bag, which, in its convey ance to Hull, would have to pass through the Leeds post-office, and be there opened and the letters sorted. The bag in due course arrived sealed up at the Leeds post-office, where it was opened, and it was the duty of the prisoner to sort the letters and to forward them to their destination. The letter in question never arrived at Mr. Whitick's, and its non-arrival was made known to Mr. Clarke, who communicated with the post-office authorities respecting it. Early in November the prisoner was seen in possession of a £5 Bank of England note, which he was anxious to get changed. He was seen at the Midland Station Hotel getting some refresh ment, after which he tendered a £5 Bank of Eng• land note for change, and, not obtaining change, he went to the Town-hall refreshment-room with Mr. Barr, printer, where he again asked for change, and Mr. Barr said a policeman would get him change, and called a policeman named Buckle to take the note and get it changed. Buckle went to a Mr. Gibson, who, having learnt that Mr. Barr had sent him with the note, changed if, and en dorsed Mr. Barr's name on it. The note went into circulation, and ultimately found its way into the Bank of England, where its payment had been stopped. There was no other note of that number and date in circulation, and therefore there could be no mistake as to the note. The note was found with the endorsement put upon it by Mr. Gibson, and was thus traced back to the prisoner. For the defence it was contended that the letters had passed through many persons in the post-office, to whom suspicion might attach as well as to the prisoner, and that the £5 note which had been in circulation might have passed as innocently through the prisoner's hands as through those of any other person after its abstraction. His Lordship having summed up, the jury im mediately found the prisoner guilty.—Sentence was deferred. John Lee, aged 24, was indicted for a garotte robbery at Sheffield, on the 26th of October last, and stealing from Willoughby Howe £3O, ane. Maude shawl. Mr. Maule and Mr. V. Blackburn prosecuted; Mr. Campbell Foster defended the prisoner. It appeared that on the day in question the pri soner was going to the Victoria Station in Sheffield about half-past six o'clock, and met a man and woman ; at the moment that he met them he was suddenly seized from behind, a man's arm was thrown round his neck, he was pulled 'back and almost strangled. The man and woman before him immediately rifled his pockets of his purse and about £3O in money, and took from him a Mande shawl of a peculiar pattern, which he had purchased at Mr. Richards' shop in Sheffield the day before. A witness named Empsall stated that just before this robbery he had observed . a man and women in the road as he :was going to the railway station, and noticed the man, whom he believed to be the prisoner. A few days after this occurrence the prisoner went to a tailor named Sykes, in Sheffield, and asked him to make him a suit of clothes out of a piece of cloth which he produced, which was nearly four yards long, and Sykes did so. On the 10th of Nov. the prisoner was taken into custody, with these clothes on, and Mr. Richards swore that they were made out of the Maude sold by him to the prosecutor, which was nearly four yards long, and was of a peculiar pattern. The jury found the prisoner guilty, and he was sentenced to three years' penal servitude. Henry Ross and John May were indicted for a burglary in the dwelling-house of George Storey, at Slaythwaite, and stealing therefrom three bottles of spirits, arid other articles, his property. Mr. Price and Mr. Shepherd prosecuted. The prisoners were undefended. It appeared that the house of the prosecutor, George Storey, is situate Lat Slaythwaite, in the parish of Skelton, and on the night of the bur glary, March 10 last, his family consisted of him self, his two daughters, and his son Henry ; his two ' daughters, in consequence of his infirmities, sleep ing in the same room • as that in which he slept. The doors of the house were properly fastened about. 9 o'clock in the evening, and the family were all in bcd by 10 o'clock. About 1 o'clock on the morn ing of March 11, the I:rosecutor's daughter Anne was awoke by a light. She saw three men in the room, one of whom had a lighted candle in his hand. She immediately seized a gun, and called out to her father to use it, but he giving no answer she struck with it several times and hit something, but whether or not the men she could not say—at the same time calling out for her brother. The candle in the meantime was put out. One of the men pushed her into a corner and repeatedly struck her over the head. So soon as she was able to get away from him she got a candle which was in the. room and lighted it. There were two men only in the room then. In the meantime her sister Eliza beth and her brother Henry were awoke. Her sister first observed a man standing by her bedside with an axe in his hand, in the act of striking at her ; but her brother coming into the room at the moment seized him and the other man at the same time. He immediately received several blows upon the head and was felled to the ground. Elizabeth Storey escaped from the house. Anne Storey posi tively identified the two prisoners, and Elizabeth Storey the prisoner Ross. May demanded money. Anne said she would give him all they had if he would spare their lives, and handed him her purse, containing Bs. He replied, " If that is all, you must die." Ross and May then left the room, but May returned and searched the drawers and George Storey's clothes. The men then left. On the house being examined it appeared that the entry had been made through a window on the ground-floor, part of the frame of the window having been taken out. George Storey, who, it!is supposed, was struck when in bcd asleep, was severely cut on the head, as was his son also, and his daughter received no less than 11 cuts on the head. Evidence was also given, showing that the . two prisoners were in the neighbourhood.of the prose , cutor's houie on the day before the burglary, and on the morning of the 10th of March, and also on the following morning (the • 11th). 11,03 escaped after having been taken into custody, and May, when charged with the offence, said, " I know all about it ; you need say no more." The prisoners, who were not defended, said they had been in the neighbourhood in February, but not in March, and knew nothing about the offenee. The jury found the prisoners guilty, and sentence of death was oriaered to be recorded, the learned Judge stating their lives would not be sacrificed, but that they must not expect to receive &less punishment. thau transportation for 20 or 25 years. The granq jury, on being discharged, had called the attention of the judge in commendable terms to the " rescau.te conduct" of Anne Storey," and his Lordshi - p regretted that he could not award . her any re , ..mmpence. Joseph Wadsworth (a boy . 15 years old) was in dict'td, under the 13th section of the 14th andlsth Victoria, cap. 19, for feloniously plaeinf , two stones Won the Lancashire and Yorkshire Railway with 'Antent 'to destroy the engine and carriages, and with intent to endanger the lives of divers persons tra velling thereon, at Elland, on the 27th July last. Mr. Maule prosecuted, and Mr. Wheelhouse de fended the prisoner. It appeared that on the day mentioned a woman named Ann Buckley, who is employed as a gate keeper at a level crossing the line, was watching at the door of her own cottage for the approach of an excursion train from Scarborough. While so doing she observed. the prisoner stooping down over the "up line" of rails at a place about 400 or 500. yards from her cottage. She had known the lad for many years, and after seeing him bend down once she saw him leave the rails for a moment, and then again return and bend over the other rail on the same or "up" line. He then went away, and in a short time she went to the spot, and there, accord ing to her statement, she found two stones, each square, flat, and of about 61b. weight. 'One of these stones was placed on the top of each rail, and was " packed." up with rubbish; as she said, in order to make them stick to the place where they had been put. t 0 1 Haring r neighbourremnoevecodm first,tp h a e lal s ni t e o cdi n b e s S uyb s h h s ie e sa g mus a eho v nt e thl i ey n r forma tion oa fafter wards police. The lad, wards came to ask her forgiveness said t she had no power to forgive him, but told: him e the stationmaster at Elland.and hear what.h e e g s e ad e About 11 o'clock the boy .came back, and he then told Mrs. Buckley, that Mr. Hepworth, the station master, had said.he could not tbrgive such a thing as that.. For the defynce it was contended that the whole case rested upon the unsupported testimony of Mrs, Buckley, and it was further insisted that, even admitting Mrs. Buckley's statement to be cor rect, yet that it was impossible to suppose that the prisoner would go into such a public part of the railway, almost close to a cottage from which he could be seen,. and place stones there in broad day -light. with the intention alleged in the indictment, - and of which intention it was necessary that the jury should be themselves satisfied before they could convict the boy of the offence with which he was charged. Mr. Justice Wightman having summed up, The jury, after a deliberation of about half an hour, found a verdict of Not Guilty. DEC. 9. - OUTRAGE UPON A ktMALE NEAR HALIFAX. Joseph Briggs, 27, William Shaw, 23, George Chappell, 21, Samuel Earnshaw, 23, Charles Cook son, 20, and John Marsden, 23, were charged with a felonious assault upon Sarah Ann Burrow, at Halifax, on the 6th ult. Mr. Foster and the Hon. F. S. Wortley were for the prosecution ; Mr. Maule defended .Marsden ; Mr. Price appeared for all the other prisoners. Mr. Foster said the charge against the six pri soners was attended with unexampled violence and cruelty. The young woman upon whom the offence was committed was respectably connected, was 22 years of age, and at the time of the occurrence in question was residing with her uncle at Halifax, as his housekeeper. The prosecutrix had a cousin, Martha Ann Burrow, who also resided at Halifax, and a young man named Allan Tweedale was court ing her, and he invited her and the prosecutrix on the sth of November to visit his sister at Brighouse on the following day. There being no train on the Sunday afternoon from Halifax to Brighouse, it was arranged that they should walk, and Tweedale agreed to meet them on the road. The prosecutrix and Martha Ann Burrow left Halifax between four and five o'clock in the afternoon of Sunday, the 6th ult., and proceeded forward in the direction of Brighouse, but Tweedale did not join them on the road as they expected They went to the house where the sister of Tweedale resided, and, as the young woman was not then at home, they proceeded direct to the railway station at Brighouse, intending to return to Halifax by t"he train which left Brig house at seven o'cleck at night. The prosecutrix and her cousin entered the waiting-room, when Allan Tweedale joined them, and he persuaded them not' to travel by the train, but to accompany him to the station hotel, and there partake of some refresh ment. They remained conversing with Tweedale till about nine o'clock, and then went to the station, but found that the train was gone, and that it would be necessary to walk home to Halifax. The weather was then unfavourable, and they returned to the hotel for a short time. A young man named Joseph Wood, who resided in that neighbourhood, entered the room and joined the party. It was pro posed that they should start for Halifax, and on quitting the hotel Tweedale walked with Martha Ann Burrow, and Wood accompanied the prosecu trix. Almost immediately adjoining the station at Brighouse there is an archway over which the rail way passes, and under this archway they had to pass. Near to this place there were standing a party of eight or nine men, whom they passed, and after they had proceeded a short way Martha Ann Burrow discovered that she had left her veil at the hotel, and she returned for it. In pass ing through the archway she had again to walk past the men, amongst the party being the prisoners at the bar. Briggs struck her lightly on the back, when she turned round to him and said that he was an ill-behaved person, and then walked on, overtaking the prosecutrix, and Wood and Tweedale; having arrived at the outskirts of Brighouse, they proceeded along a footpath across some fields, and this footpath is continued for a distance of some three hundred yards between two high walls ; at this place two men came up, one of whom was Briggs, and he seized Allan by the collar, upon which Tweedale turned round and pushed him off. The other man in company with Briggs was the prisoner Shaw. In a few moments after this occurrence the prosecutrix :was seized round the waist by Chappell, and other two of the prisoners also got hold of her, used her most roughly, and took improper liberties with her. With a deter mined effort the prosecutrix succeeded in releasing herself from the grasp of Chappell and his two brutal companions. She proceeded along the nar row enclosed footpath between the walls, when she heard her cousin screaming violently. Three of the party had also seized Martha Ann Burrow, but she herself ran along the footpath to a farmhouse two hundred yards off, where a person Pitchforth re sided, in order to obtain assistance, and she was 'followed by Tweedale. The prosecutrix was sur rounded by the prisoners, who dragged her along the field, and whilst she was held down by four of them Briggs and Shaw obtained possession of her person. The poor girl struggled and resisted as far as she could, until she was out of breath, and at length she became insensible. After the outrage had been committed, the prosecutrix was assisted to the house of a Mr. Stott, whose wife behaved most kindly •to her. Her bonnet was destroyed, her dress was torn and muddy and drenched with wet, and she was crying in so distressed a state as to be almost unable to make herself understood re lative to the wrong which she had suffered. Mrs. Stott provided the prosecutrix with a bed for the night, and she remained under Mrs. Stott's roof until the following morning. The identity of the whole of the prisoners was spoken to by the witnesses, the prosecutrix, the young men Tweedale and Wood, and Martha and Burrow, swearing to them as being the men engaged in the outrage. The prosecutrix, a good looking and well-dressed young woman, was then examined. She Was in great distress, and gave her evidence with some difficulty. Tier testimony was clear and satisfactory, and was not shaken in cross-examination. Martha Ann Burrow, in her evidence, gave a detailed account of all she saw on the night in question, and she corroborated her cousin in several important particulars. Tweedale, in his cross-examination, was asked why he did not interfere and endeavour to prevent the outrage being perpetrated, and, in reply, he said he was afraid of being attacked by tho pri soners. Wood, in cross-examination, admitted that he was in liquor at the time. All tho prisoners were found guilty. Briggs was sentenced to twenty-five years', the other prisoners each to twenty years' penal servi tude. NEWCASTLE-ON-TYNE, Die. 8. (Before Mr. Baron Martin.) Thomas Mills was indicted for the wilful murder Of Rebecca Mills, on the 18th of October last. The Ron. A. Liddell and Mr. F. Headlam prose cuted ; Mr. Davison and Mr. Bruce defended. It appeared that the prisoner and his wife on the 18th of October last had been to Acomb, celebrating the event of putting the first timbers on the roof of a cottage which the prisoner was at that time build ing. It was shown by the evidence in the case that the prisoner and his wife came to a public-house kept by a person called Ridley about ten o'clock on that evening ; both were at that time intoxicated ; they remained here until nearly 11, nothing having transpired beyond a fe w wor d s occasioned by the prisoner objecting to his wife smoking a pipe and having mono drink. They then left, and proceeded homewards by a by-road, accompanied by a man named Rutherford, who had left Ridley's public house with them. The wife appears to have used abnsive language to her husband while the three proceeded on their road linked arm in arm, the pri goner being in the centre; she also lost hold of her husband's arm, and staggered across the road to the wall. On her return it was shown that her husband struck at her and she fell. The blow was repeated, and with the same effect. Rutherford at that time, hearing what he supposed to be the steps of persons approaching, went in search of assistance. He re turned, however, without any, and found the de ceased lying on. the ground near the wall an her right side, and the prisoner striking and kicking her. After this Rutherford made every effort to pacify the prisoner and asked him and the deceased to go with him to Acomb Colliery, which was near this spot, where he was an engineman, to pass the night. The prisoner appeared to have agreed to this but his wife turned towards Ridley's. The prisoner followed his wife, and seems again to have assaulted her. Upon this Rutherford returned to Ridley's public-house, and procured the assistance of two men named Neale and Hall. They all then re turned to tb.e spot where the prisoner and his wife had been - .left (a distance of about 200 yards), and found the deceased lying on the ground, the prisoner sitting astride her body, beating her neck and, head with both his hands. They were sepa rated, and in the course of separation the prisoner twice fell on the road.l They appear then to have placed the cloak or shawl of the deceased over her, and she having said, " Hush, I'm not much worse ; he does not know where I am now," they , left her lying on , one aide of the road and the prisoner on ttl6 'J t her. On their return to Ridley's they met a girl named Herdman. She,it appeared, after they passed her, heard other screams, and proceeded in a direction towards the•prisoner and his wife, and then observed, both being on their feet, that the prisoner struck his wife on the back, and then kicked her, upon which she .again fell. She also spoke to an expression used by the prisoner to his wife at the time, " You --, you have often pro voked me, but this shall be the last time:" Herd man, being frightened, immediately returned to Acomb, the prisoner following her, andlo minutes atter the occurrences she had witnessed the pri roller and his wife, accompanied by two policemen, paslied the door of her master's 'house. These police trim it appeared, had heard the screams at about a. distance of half a mile, and on proceeding to the spot whence they appeared to come found the de ceased lying in the read. They asked her what I was the matter, but she made no complaint, an.i on proceeding with her towards the village of At:omb the prisoner met'iliem, - upon which the dec eased said, "Here, the pclice are taking me." The prisoner at first threatened -violence towards police, but even tually accompanied his wife and the policemen on his way homewards for a distance of 400 yards, ob serving, as the policemen left them, that it was a good job they had met with thorn, for he did not know what would have become of them. It was shown that a person named Maughan, living some 200 yards further down this road, while in bed, heard noises, "as he imagined at first, of persons in fun," and afterwards " as of a woman in distress," but he was entirely unable to fix even the time when he went to bed. Near to this cot tage next morning were found the shawl of the de ceased and marks as of persons having fallen in the road. Nothing farther was proved with respect to what had taken place in the course of the night, but between five and six in the morning a man named John Nixon heard cries of a man shouting " Murder" and " Oh, dear, help me." This con tinued for about 20 minutes, upon which he pro ceeded to the spot whence the cries proceeded. He met on his way there a man named Heslop, who accompanied him. They found the deceased lying on the side of th© road in the arms of the prisoner. He called to them for assistance, and requested them to get a cart and a doctor for his " poor dear wife." It did not appear whether at this time the wife was dead. A cart was procured. and life being at this time extinct, the body was removed to an adjoining farm. It appeared on cross-examination that this road was in a state of very bad repair ; the witness Nixon said, " You might bury yourself in the ruts." It was also shown that close to where the prisoner and the deceased were last found a large stone lay upon the road. The only other ma terial evidence in the case was that of Mr. Stain thorpe and Mr. Stokoe, two surgeons, who made a post mortem examination'of the body. They agreed that death had been caused by an effusion of blood from a rupture of the spleen ; they also agreed that such rupture must have been caused by violence. Mr. Stainthorpa thought it possible that the de ceased might have lived four or five hours after such a rupture was caused. Mr. Stokoe gave it as his decided opinion that if the rupture had been caused by the violence deposed to antecedent to the appearance of the police, it would have been physi cally impossible that deceased could have walked to where she was found by Nixon and Heslop. Mr. Davison, for the defence, contended that the rupture of the spleen could not have been caused by any violence of the prisoner deposed to, and sug gested that the state of the road was such that a woman in the state of intoxication deceased was shown to have been in might well have received the injuries from a fall or other accident subsequent to the time the policemen left them. The learned Judge, in summing up, told the jury that he thought the case did not amount to wilful murder; but if they believed the rupture of the spleen had been caused by any act of violence of the prisoner's, they must find him guilty of man slaughter. The jury, after some consideration, returned a verdict of guilty of manslaughter, and the prisoner was sentenced to 18 months' imprisonment. This concluded the business of the assizes, and the learned Judge immediately proceeded to Dur ham, where, having opened the commission and charged tie Grand Jury, he attended Divine ser vice in the cathedral. _ The calendar is very light, containing only eleven cases. HOME CIRCUIT.—MAIDSTONE, Dec. 9. (Before Mr. Justice Williams.) Francis Mayne, 23, a tall, athletic young man, was indicted for the manslaughter of Ed. Millgate. Mr. Russell conducted the prosecution ; the pri soner was defended by Mr. Addison. It appeared from the evidence for the prosecution that the prisoner and the deceased both belonged to the town of Maidstone, and the deceased was noted for his pugilistic propensities, and he was constantly quarrelling and fighting. On the even ing of the 18th of November they were both at a public-house called the Jolly 'Waterman, in Earl street, 'Maidstone, with other persons, and one of the company produced a dice-box and dice, and the prisoner and the deceased played with them for a stake of 2s. that were lying on the table. The pri soner claimed to have won the money, but the de ceased snatched it up and put it into his pocket, and upon his refusing to give it up the prisoner struck him. A fight then took place in the house, and-the deceased was knocked down, and the pri soner went away. Millgate, the deceased, got up in a great passion, and exclaimed, " I will go after the and give it him," and fol lowed the prisoner into an adjoining street, called Pudding-lane, where the fight was renewed, and the deceased was knocked down three or four times, and, according to the evidence of some of the witnesses, while he was on the ground the prisoner kicked him in a most violent manner upon the . belly and head. The evidence as to the kicking was, however, somewhat contradictory as, acconling to one or two of the witnesses who were examined, the prisoner did not kick the deceased violently, but merely touched him gently with his foot in order to make him get up and renew the fight. The last time the deceased was knocked down he fell into a coal shed, and a man who was at work there closed the door and s aid h e h a d h a d enough, and told the prisoner to go away, and ho did so. The deceased shortly afterwards complained of a severe pain in his belly, and it was with difficulty he got to his own house, where a doctor was sent for and he was then removed to the infirmary, where he lingered in great agon y f or two or three clays'and then died. Upon a post mortem exami nation it was discovered that the bladder of the de ceased was extensively ruptured, and this was the cause of death ; and the medical gentlemen who were examined stated that the injury might have been occasioned either by a kick or a fall while the bladder was in a state of distension. There did not appear to be any external indications upon the de ceased's person to indicate that he had been kicked with any violence in the region of the injury. • Mr. Addison addressed the jury on behalf of the prisoner at some length, and he contended that he had to a very considerable extent acted in self-de fence, as the second fight had been forced upon him by the deceased, who had followed him out of the publichouse and renewed the contest. He also urged that the injury might have been occasioned acci dentally when the deceased fell, and that as to thp kicking it had been very much exaggerated, and there was no evidence to show that the death was occasioned by an injury of that character. The learned Judge, in summing up, said that the learr.ed counsel for the prisoner was not justified where persons fought rounds together in contend ing that death might be caused in self-defence, for, in such a case, where death ensued, it was un doubtedly manslaughter. Where it appeared, however, that two men fought fairly with their fist, and death ensued, a slight punishment was always inflicted, but a good dial depended upon whether any unfair advantage was taken. In this case, therefore, in the erent of their finding the prisoner guilty, ho should he glad if they would in form him whether they thought the kicking had anything to do withcausing the death of the deceased. The jury, after a short deliberation, found the prisoner guilty, but said it was their opinion that the death was not occasioned by the kicking.. Mr. Justice Williams said that in coasequence of this expression of opinion by the jury he should pass a much lighter sentence than he otherwise would have done. The prisoner had undoubtedly committed an offence against the law, but under all the circumstances he thought the justice of the case would be sat;sfied by his ordering him to be impri soned in Maidstone Gaol for one month without hard labour. most filthy illustrations; that this abominable book had -been carried home by her brother, and that she herself carried it to the warehouse and showed it to the women with whom she worked. There was no witness to the assault but this girl, and in the name of justice it was to be hoped that the Court would not upon such unlikely and unsupported testimony commit for trial, and meanwhile deprive of his liberty, a respectable young man who was married and the father of a family. His employers, utterly disbelieving the charge, had come forward to sup port him, not more probably from the thorough acquaintance with his complete respectability than from a knowledge of the character and habits of the women whom they were compelled to employ. The learned gentleman then called attention to,some discrepancies in the evidence, and more especially to the statement of Mrs; Dawson, who worked in the warehouse, that the girl's mother had told her to apply to the prisoner for money to settle it, and that it was not until after the prisoner had refused to give a single shilling that the mother gave him into custody—a statement which on the previous examination the mother had denied. The Lord Mayor expressed a desire to hear the witnesses further upon this point; and Mrs. Dawson being again examined said that as they were leaving the court on the last occasion Mrs. Percival admitted that she had authorised her to apply to the prisoner] for money, but that she had forgotten it before, and meant to admit it next time (yesterday). Elizabeth Sewell, another witness, corroborated this statement. Mr. Robinson then said he should refrain from all cross-examination, as it was impossible to make the case in favour of the prisoner stronger than it then stood. At the same time, he tendered to the bench a copy of the book, which he said had just arrived from Wych-street ; but by opening the leaves of which no one would defile his fingers, the Lord Mayor contenting himself with the inquiry whether that was the identical-book. The Lord Mayor and Mr. Alderman Abbiss then withdrew to a private room, and upon their re-ap pearance in court, after an absence of about half an hour, _ _ His Lordship said that he and his brother alder man, after full consideration of the evidence, had arrived at the conclusion that it was amply suffi cient to justify, them in committing the prisoner for trial. The prisoner, however, might be admitted to bail, himself in £lOO and two sureties in ,E5O each. Bail was given immediately. Henry Shorey and Nathaniel Dettmar, journey men butchers, were brought up on remand charged with stealing a horse and oart and eight quarters of beef, of the value together of £lOO, the property of Messrs. %Varmington and Morris, of Leadenhall market. The prosecutors had a slaughterhouse and stables in Gun-yard, Bishopsgate, where, on the evening of the 30th ult., the horse and cart and beef were left securely locked up. At five o'clock the next morn ing, however, it was discovered that the place had been entered and the horse and cart and meat were gone, upon which inquiry was immediately made in Newgate-market, where the meat was found, having been delivered to a salesman there by porters employed by two men who accompanied a cart belonging to the prosecutors. The meat was immediately delivered up, being identified through some accidental cuts, and the horse and cart were taken, home by a labouring man who had found them in the Blackfriars road, where they had been standing, as if lost, all day. On the former examinations, the prisoners having been apprehended upon different days, some difficulty was experienced in establishing the iden tity of the prisoners as being the two men who ac companied the cart to Newgate-market, but the fact was pretty well established now, so far as Shorey was concerned, one of the witnesses admitting that he had before sworn that he could not identify him because he had been over persuaded to say nothing about it. Shorey therefore was committed for trial, but, as the evidence was still defective with regart to Dett mar, he was discharged. MARLBOROUGH -STREET.—Joseph Wright, known to the police as " Brighton Joe," an asso ciate of thieves, and frequently in custody, con victed at this and other courts, was re-examined on a charge of stealing from a coffee-house in Upper- St. Martin's-lane, where he had taken a bed for the night, a mantle, - ._ a - shawl, and various articles of female wearing apparel, the property of the land lady; and a. coat and gold shirt-studs belonging to a lodger. `. - • The property was carried off on the morning of 2Gth August last, and. Mrs. Skeggs, the prosecu trix, identified the prisoner as taking a bed at her house the previous night, and that he was the only stranger there on, that occasion. That the property, seen safe the day of the night he arrived, was stolen from a chest of drawers in the room, and that he left at 8 o'clock in the morning, giving an order for his breakfast in half an hour, but never returned. The prosecutrix added that she afterwards recol lected that he looked particularly stout about the body and broad across the chest on leaving, and gave information to the police on discovery of her loss. A Arr. Bingham, from Brighton, who slept in the room adjoining the prisoner's, proved missing his property on getting up in the morning.. The daughter of the prosecutrix also positively identified the prisoner. The prisoner denied sleeping at the house, and was committed for trial. WORSHIP-STREET. —A well.dressed woman, named Mary Anne Hill, was charged with the fol lowing robbery : Two ladies, named Evans and Barker, got into an omnibus at Kingsland on the preceding evening to be carried to the Surrey side of the water, but found it so crowded with passengers that Mrs. Bar ker was obliged to sit in Mrs. Evans's lap for some part of the distance till two of the passengers got out. Just before this took place Mrs. Barker felt somebody touch her dress, but imagined Mrs. Evans had done so, and thercfore took no rcitice of it, but presently after the prisoner, who had been seated beside them, called to the conductor to let her out, and for some reason which was not explained Mrs. Barker suddenly suspected her, and on feeling in her dress pocket found that her purse had been stolen. She therefore called to the conductor to stop her, which he did, and the prisoner was charged with the robbery; the prisoner indignantly denied the charge, but was taken to the station, and on the road dropped a shilling. The officer drew her attention to the shilling, but she refused to pick it up, saying it was not hers, evidently from a fear of its being identified, the contents of Mrs. Barker's purse consisting of silver, hut on nearing the station she acknowledged the shilling was her's, and told the officer he might get drink with it, if he chose. On searching her the purse could not be discovered, but Inspector Webster said he felt satisfied, from what 'he had learnt, that tho prisoner belonged to a gang of women who got a living in this way; and the prisoner, who stoutly declared that she knew nothing whatever of the robbery, was re manded. LAMBETH.—Mr. Norton was engaged for some time in investigating a case in which a poor woman named Davis sought to recover compensation from a furniture dealer named Ellis, residing at Camber well, for her furniture, amounting to £l5O. It appeared that in. 1854 the complainant mar ried a man named Wilcox, a plumber and glazier, and having at the time £3OO, her own property, she furnished a house in High-street, Peckham, and established her husband in business. In the spring of 1858; owing to the badness of trade, her husband became embarrassed, and Ellis, who had previously, worked for him, advised that the furniture in the house, which was very valuable, should be removed to an empty house of his to avoid the creditors. The furniture was accordingly removed to a house in Sumner-street, Borough, where they were left under lock and key, the latter being in Wilcox's possession. Complainant and her husband went to the country after the latter passed through the In solvent Debtors' Court, and while there the hus• band absconded, and the wife not only found out that he was married to another woman, but found the former wife out: After this she gave Wilcox into custody, and he was brought to this court, committed for trial, found guilty at the late Old Bailey 'Sessions, and sentenced to three years' penal servitude. While the prosecution was going en the complainant called one day at the house of the defendant, and seeing a portion of her property there, she asked how he came by it, and Ellis ac knowledged that he had picked the lock. In reply to a question from the Magistrate, the witness said she was not aware that the, defendant lent Wilcox any money, or 'that the e , latter owed Ellis any. In cross•exemination by Mr. Solomon, for the defendant, the witnr.ss admitted that the house in Mead's-court had been taken in her maiden name, and that she had been aware that the goods had been removed to defraud the creditors. She was not aware that the defendant had lent them any money, bfit, on the contrary, believed that Wilcox had lent the defendant £7 ; for he told her so, and heard the defendant say he should pay £7. That was last Christmas. Sho (witness) did not hear - Wilcox say, at the Southwark Police-court, that he had signed a paper, but he said something.' about it in conversation. A Mrs. Rogers and other witnestes gave evi dence in faivour of the complainant, and the &- fence set up was that the property had been pur clEoe4 for £26, money advanced to Wilcox, and a re ceipt was produced purporting to have been signed by him for that amount, and also an inventory of the goods• The complainant declared that all this was colour able, and got up to meet her claim, and added that between Wilcox (who, however, declared he had not received anything for the goods) and defendant she had been most scandalously treated and brought to perfect beggary. Mr. Solomon offered a compromise of £lO to com plainant, but she refused it, and the case was ulti mately adjourned to a future day for the production of further evidence, Mr. Norton remarking that it might ultimately assume a much more serious cha racter than defendant was aware of. POLICE INTELLIGENCE—Dec. 9. MANSION-HOUSE.—James Powers, 26, was brought up for final examination, upon a charge of a felonious assault upon Hannah Percival, a girl 16 years of ageovho was employed in the warehouse of Messrs. Chavasse, of Upper Thames-street, iron bedstead makers, where the prisoner was foreman, the alleged offence having been stated to havo been committed on the premises. _ The prisoner was originally charged before Mr. Alderman Abbiss, and it was understood that the case against him was completed, and that he would be committed for trial ; but he was remanded on his own . application, in order that he might com municate with his solicitor. Mr. Robinson now appeared on his behalf, and the Lord Mayor sat with Mr. Alderman Lbbiss - to dispose of the• case. The depositions having been read over, Mr. Robinson said he vas ip a position either to call witnesses himself, or to cross-examine those who had been produced for the prosecution, if he chose to "do so; hut that he should not think it I necessary to do either, unless the Court first ex pressed an opinion that the evidence was sufficient to. justify the commitment of the prisoner for trial. So far as he could understand the case, ho thought the charge might as well be for burglary, or forgery, as for violation, which there was,not a particle of evi dence to support, and he did not believe that there was a single member of the bar who would stand up to siipport the charge berme a jury; and even if the prisoner were committed for trial no jury would convict.him upon such evidence, and the jud.ges, he was assured, would scout the charge as one which there was nothing to sustain, a nd which ought never to have been sent before them. The girl her self, froM her own evidence; was clearly of a de praved mind, for she admitted that she:ponsesEed a hook of which personally he knew ' nothing, but which he understood was about the most abominable in the Englifih language, and abounded with the NETV" POLYTECHNIC INSTITUTION. A public meeting, very respectably attended, was held on Wednesday at the London Tavern, to pro mote the formation of a limited liability company for the revival and continuance of the Polytechnic Institution. The chair was taken by S. Gurney, Esq., M.P. The prospectus and report of the provisional com mittee, read by the Rev. Mr. Owen and Mr. Grea torex, referred back to the meeting held on Aug. 12, at Willis's Rooms, where Lord Raynham pre sided. It was then stated that in consequence of the lamentable accident which occurred on the premises of the Royal Polytechnic Institution, on Jan. 3d last, that useful society , would shortly be compelled permanently to close its doors to tha public. The institution having no reserve fund to meet the ex penses and liabilities contingent upon the accident, the society was placed in a state of pecuniary embar rassment, from which extrication was impossible, except by a sale of its property and the winding up of its affairs. The prospect of the discontinuance of an institution which had for so many years ex lercised so _beneficial an influence, had been enter tained 'with such regret, that it was considered highly desirable to found a company (under the acts of Parliament limiting the liability of shareholders to the amount subscribed), having for its objects the purchase of the whole of the property of the Roy alPolytcchnic Institution, and continuing in the same building exhibitions and lectures of a popular character, with such extension of its means of in-, struction, blended with amusement, as would be consistent with the moral purposes of the original institution, and as might be suggested by the new management, The Royal Polytechnic Institution, founded by royal charter in 1838, expended the whole of its capital, £35,000, in acquiring its pre sent commodious building, together with the requi site machinery and plant. The sum required for the purchase of this property, including the pre mium on a new lease, by which the rent of the great theatre will be reduced from £442 to £5O per annum, for re-constructing the staircase on a secure plan, rendering fire-proof the entrance-hall, and for completeley repairing, altering, and renovating the entire property, o.oes not exceed £ll,OOO. The proposed alterations in the buildings would pro duce an immediate rental of £3OO per annum to the new institution. Upon an estimate of the income from the receipts at the doors of the Royal Poly technic Institution on an average of ten years, after setting aside an ample sum for working expenses, a tolerable dividend may be fairly calculated upon. The receipts for laboratory, diving-bell, lectures, and pupils, amount annually to a sum that would be an adequate remuneration to a manager. In addition to dividends on capital, it is proposed that holders of shares shall be entitled to free admission to all lectures and exhibitions. The public advan tages which have already been derived from the existing Polytechnic were particularly set forth. It was remarked that the original founders chiefly aimed at establishing a sound model institution of a national character, with a view to co-operate with the Mechanics'lnstitutes,and other kindred societies, then rapidly multiplying throughout the provincial towns of the United Kingdom. To such institutions 'the close of the Polytechnic now would be the loss of a pattern and coadjutor, and a discouragement to the friends of useful efforts throughout the coun try. The saloons of the Polytechnic have been al ways open to the gratuitous exhibitions of new or old works of art, improvements in manufacture and machinery, and to useful inventions, affording op portunity to artisans and inventors to give public explanations of their respective prodactions. The institution has extended a taste for scientific know ledge, by its popular lectures and experiments, and charmed its visitors, young and old, by a constantly diversified series of beautiful dissolving views, the largest and most brilliant ever exhibited in similar institutions in Great Britain or on the continent. A quarter of a million of paying or gratuitus visitors has been the average number of attendants annu allly on its performances from the period of its commencement, nor is the public interest in them materially diminished. A feature of great practical value to the young men of the metropolis the insti tution presents in its evening classes. These impart systematic instruction in natural philosophy, draw ing, languages, and general literature, at the mode rate charge of ss. per term, liberally accepted by the professors, whose services are gratefully appre ciated, and an average of 700 students per term have availed themselves of the privilege. About 50 pupils, from the instructions received here, have obtained appointments in the government departments and the service of railway companies, many of whom have since attained considerable reputation in their callings. One hundred and three naval officers have obtained certificates of efficiency in steam practice from their studies at the Polytechnic. The pupils have always borne off prizes and hono rary distinctions at the Royal Society of Arts. At that society's examination at Christmas, out of 29 Polytechnic pupils who contended for its certifi cates four obtained those of the first class, four of the second class, and 13 of the third class. Two obtained money ptizes, and one money prize was awarded to the institution. During the first two years of the Working Men's Lectures, on Saturday and Monday evenings, admitted at half-price, viz., sixpence each, between 60,000 and 70,000 working men and their families attended. The committee scarcely alluded to the successive discoveries in art, science, and social economy, which have owed their first publicity and popular exposition to the lec tures of the Polytechnic, or to the many advan tages of a central and easily accessible chemical laboratory, with every means at hand, and a com petent professor always in attendance, to conduct experiments, apply adequate tests, and furnish in formation. They urged, moreover, on philanthropic, moral, and religious grounds' the importance of providing pure recreation for the working classes, instead of leaving them no resource but sensual and vicious amusements. Having, since the meeting last August, tho roughly investigated the whole matter, the committee had arrived at the conviction that the new under taking, if conducted with ordinary prudence and discretion, would be sufficiently remunerative to the shareholders. Notwithstanding the disadvantage of most persons being out of town at the season when the committee entered on their labours, they had received promises of support to the amount of £8,365. It Ras thought there would be no difficulty in raising the whole of the funds required by mak ing a little effort. Mr. JANSON, chairman pro. tem., of the commit tee, said it was mainly by the generosity of Mr. Gurney they had got so far on their way. Several other gentlemen had liberally put d own their names. If the old Polytechnic, with a capital of £35,000, paid for many successive years a dividend of 1 per cent., it was probable that the new one. with a much smaller capital, would also yield a dividend ; but whether the shareholders got a dividend or not, he could promise them a bonus—the satisfaction of doing some real good. It would be a disgrace to London if the Polytechnic were allowed to disap pear, with nothing to take its place. Mr. WYNN, the hon. secretary, stated that 832 shares had already been taken, and it was proposed that £7 should be the amount called up on each share. The money value of the shares was £5,852, and £435 had been received in donations, making a total of £6,28y previous to that morning. With £B,OOO the committee would feel at liberty to enter into a contract for the purchase of the property. They wanted to get £14,000, but £BOOO was the faiinimutn. The meeting was addressed by Mr. Jos. Payne, by Mr. llanbuury, M.P., by Sir C. Rowley, Mr. Gaussen, Mr. Phene, the Rev. C. Mackenzie, Mr. Locke (of Regent-street), Mr. Maxwell, Mr. T. Webster, Mr. Frith, and other gentlemen, in sup port of the formal resolutions, or in recommendation of particular features of the proposed scheme. The resoluions, which were unanimously adopted, set forth that the progress made by the provisional committee justifies the registration of a limited liability company, with a capital of £20,000, in 2,000 shares of ,ElO uelt. The committee were re quested to take steps for that. purpose, and to act in their provieional character until a general meeting of the shareholders could be convened, to elect a board of direction, and to settle the future consti tution of the company. It was mentioned by the way that one gentleman conducting an extensive business near the Polytechnic Institution, of which lie was a shareholder, had collie forward and made himself liable for 11,500, to prevent its being even temporarily closed. Scver,?.l of the speakers bore direct testimony W its usefulness under the past !gement. inana ti The operatioris for the recovery of the treasure sunk in:. the • Royal Charter were suspended yesterday, owing to boisterous weather.. • [AnvERTIgEmEN'T.] Mr. Benson, Ludgate-hill,. has just published it nevi Illustrated pamphlet on watches (free by post for tvto stamps). - It shOu/d be - iead by all who are about buying a watch, as it contains prices and import ant information as to—What watch to buy where to buy it I and bow 0 Ip9 it I COUR TRY _MARXBTS. LIVERPOOL--DEe. 9. i rk had a small attendance of millers and dealers at . our !market this m orning, and a fair disposition to do business in wheat, which steadily supported Tuesday's prices. Oath and oatmeal a slow sale. The amount of business trans acted in Indian corn was limited, and scarcely supporled the advance of 6d on the prices of Tuesday. EgYP"II beans gave way Gd per qr. Barley and peas unalteFea• Flour difficult to move, and th o recent arrivals of American were offered at Gd per barrel lower. French flour is held firmly. • --- WAKEFIELD--DEc. 9. being bu t The arrivals of wheat a re fair, and there a moderate demand, prices re main the same as at last mar ket. The business don e in barley was limited, but easier in price. Oats, shelling, and ot ar ti c les we her re all at previous prices. Wheat, per qr. of 8 bushels .601 b., Essex, Suffolk, and Kent, white, old, 48s to 51s ; new_, 48s to 51s ; ditto2_red, old, 42s to 41s; new, 42s to 445; Lincolnshire and - I ork shire white, new, 45s to 50s ; red, 41a to 445. Averages for the week : Wh ea t 2,088 qrs., at ........ 46 s 314 Peas Beans 5 01 ~ ........ 378 Ol d Barley_ . , 7 93 „ ........ Oats — .. .--3 Od ...... nye " ~ ........ ---*3 01 , EXETER—DEC. 9. 'ceo :-- pri . „, The business to-day was dull at the following Wheat, white. 6s Od to Gs 3d I Barley.. ...... 48 Od to 4: ~?(-; Ditto red Flour, fine, 32s to 33s ; seconds, 30s to 310 per ss ci ‘ CATTLE. air day, 5s 6d to 5s 9d I Oats ....... 3s Od to 9. Od Owing to Wednesday next being Christmas f orly the attendance was small, and the market was __,. supplied with stock, with little business doing. pork ca. cases in tolerable supply. , 6d to 0 1 Fat beef, p seore,los to llsOd Ewes, per lb .. • • Pork careases,do 8s 6d to 9sod IVethers, do. ..... ato Od Sheep, per lb. ..... 6cl lo id Fat calve s, do. •.. 6 R o ugh fat, 41d per lb. 6id t o Od BRISTOL SUGAR—DEc. 9. . 08 The market has again been strong this week, and pn have further improved is per cwt. The transactions Fein" prise about 1,000 hhds West Indian, chiefly for dehve.rty from London ,• 1,500 boxes Havannah, 3,500 bags gr„hig Pernam, besides two floating cargoes, viz. one of bags brown Pernam, at:22s, and one of 4,5 '00 vannah, No. 10k, at 26s 6d, fully insured. Refi n i , °r/i „ v e ' P duce continues in excellent demand, and prices m". a d • vanced about ls. Rum . . is still very dull. boot lir:. RAIL TVA Y INTELLIG. ;Ara. Ni,Bo TRAFFIC RETURNS FOR THE Miles Opened 1859. 1858• Rte' 185 9 . ____-. 1858. Railways. Ballymena and Portrush. Bedale and Leyburn Belfast and Ballymena Belfast and County Down Birkd., Lanc., & Ches. June Blyth and Tyne Bristol and Exeter r • • Caledonian Ches.&Holyhead(withMold) Cockermouth & Workington Cork and Bandon Cork, Blackrock, & Passage Deeside Dublin & Belfast Junction Dublin and Drogheda Dub. & Wicklow (in. Kingst ) Dundalk and Enniskillen Dundee and Arbroath Dundee, Perth, & Aber. Jun East Anglian 141Counties,Nrfk.,&E.Unio n East Kent E. L ancashire(in. Blackburn) Edinburgh and Glasgow Edinburgh, Perth,& Dundee Forth & Clyde Junction Furness Glasgow & South-Western Great Northern Great North of Scotland Gt.Soutlin. & Westn.(lrind ) Great Western Hull and lloldcrness inverness & Aberdeen June. Irish South-Eastern Killarney Junction Lancaster and Carlisle (in. Kendal and Windermere) Lane. & Yrks.(in.Blackburn) Limerick and Foynes Llagelly London & North-Western . London and Blackwall London & South-Western . Lond. Brighton, & S; Coast.' L'derry and Enniskillen Lond.. Tilbury, & Southend. Man.,Sliefileld, & Lincolnsh. Manch. S.J un. & Altrincham Maryport and Carlisle Midland Midland Gt.Westn. of hind Monkland Monmouthsh. Rail. & Canal Newcastle and Carlisle Newpor t,Aberg.,& Ilerefor North British (in. Dalkeithd North Devon North-Eastern North London North Staffordshire North-Western N. Yorkshire and Cleveland' Oxford, Worc.,& Wolver Peebles St. Helen's Canal & Railway' 'Scottish Central Scottish North-Eastern , Shrewsbury & Birmingham' Shrewsbury and Chester Shrewsbury & Hereford Shropshire Union South Devon South-Eastern South Wales L S. Yorkshire and River Dun Stockton and Darling - ton .• Taff Vale ulster lilverstone and Lancaster Vale of Neath Warrington and Stockport Waterford and Kilkenny: Waterford and Limerick West Cornwall W.Hartlepool Harbr.&Rail I Whitehaven Junction Whitehaven & Furness Jun ' W'haven,Cleator,&E,grmnt. FOREIGN AND COLONIAL. Antwerp and Rotterdam Austrian lielgiau Eastern Junction Buffalo and Lake Huron Detroit and Milwaukie Dutch Rhenish Grand Trunk of Canada Great Indian Peninsula Great Luxembourg Great Western of Canada Lombardo-Venetian Lyons and Geneva Madrid, Saragossa &Alicant Maria Antonia' • • • Northern of France Norwevian Trunk Paris, Lyons, & Mediterrn Paris and Orleans • Paris and Strasburg • Royal Danish Sambre and Meuse Southern of France West Flanders W. and N.W. of France FOREIGN MAIL PA In the following table E sbmiiies that letters are in de/Watt/:el by evening malls from London, and AI by W g nia In ire 101101^111'r Li 6ultl by evening malls from London, and AI by nor' Next Mail t of sTINATIoNs. Despatch rorato. due. DE ______—Desr ------- of Mails. Australia and Mauritius, via Deo. I° Southampton Dec. 12, 31 Soutbamp. . overdue Ditto, via Marseilles Bahamas and II avana via New Dec 22 York - eo• 14 Ci s a i n on a: ap e d n S an t. g. lle a l i e i n d a singa- Canada, ::c. (by Canadn. pckt.) Dec. 7, E Liverpool• • Cape of Good Hope, Ascen- Dec. 23, o t . 41/ * E Devo np_r Jan. 5, Dee. 1° G ivbiraa Southampton ta pore, via Sout'hampton lDec.2o, E SouthareP• . De o. 13 Ditto, via Marseilles Honduras and Blewfields ,Dec. 17, M 'v ia S° uSoutlietnlN India (Calcutta) and Ceylon, Dee. ° Dec. 20, 31 SoutheMP. •„ - is Ditto, via Marseilles thampton Dec. 12,M Southanni• b e e. 16 Dec. 10, E ............ ',et, 0 India (Bombay), via South- Dec. 1 ampton Dec. 12, 31 SouthanllN . ove rdue ... Ditto, via Marseilles Lisbon, Brazils,Buenos Ayres , 31 S o utha MP. `''.-- pee. • 11 and F. Islands 6. Lisbon, Vigo, and Oporto Dec. 7 M 11thaluP. 10 • n , , Malta, Egypt, and Aden, via Southampton Dec, 12, M Southarefo• io'vve-rdiue Ditto, via 3d arseilles Dec. 1 , . ... .....„ _ Mexico and Havana Jan. 2, 31 Southawr _- Newfoundland Dec. 9, E GalW aY '.• • ' Dee* 14 United States and British N. 4,,rpOeL • -- America (by British packet) Dec . 9, EL" - DIP Dee. l u . Ditto (by U. S. packet) - West Coast of Africa, Ma- ferP 001•• deira, and Tencriffe Dec . 23 E 14/ West India, California, Vene- 16 zuela, Chili, l'oru, Grey +hang,' Deo. town, New Granada, &c. - ..------ BIRTIIO. AUDLRY.-0 the a n 29th ult., at Caen, the Lady daughter. of BET.—On the 7th inst.,_ at Standen, the wife of Thal Best, Esq., of a daughter. Norii - , Luv.—On the 7th inst , at tho Forest, nea r 14111- vern, the Hon. Mrs. Norbury, of a daughter. WHITING. — On TI , i • the 7th hist , at 8, St. James'serra:a' y e-paik, the wife of Sydney Whitiogy i'ti.' daughter. Audley, of IL LC l.l .l t i e u O rc U hA ß ,, T y... --On Milnor, Bart.,. of Nunn -..) ,A Pere,' Laura inner, youngEeedrtsaull;Vteerruoir th e ,Churc h, 'ra il° LING—PAGr.—On the Bth in t at St. Dlichaers - .I :O p ' t n i e t t i h o :8 G t 1 . 1 E. n S s t. at Bo lto n to Bath, William G. Henrietta Elizabeth, second daughter of Philip Flood Ling, of sd,' Milsorn-street,. 13Calittihr9clit?' Page, Esq., of Cathaiine-grove, Greenwich. . . . DEATHS . BENTLEY.—On the 6th inst., _at Church -road, ne Bcaucc)if 131 t Z a u ' aX I'r .— . W On . theen7ttlehYinafte:dtt7to7., York-road, Ito , ve Os. Bushua,n, Esq.;aged 83. .' ~ i i„ BALLINGALT;.—On the 6th inst. aL ...ieu—sea, -^voiVe, tll° widow of the late Colonel David Janos 13allingali.,, ned. Cofrism —On. the' 6th ins t. Thomas Course, Estlo °I rd-row, Islington, aged 72• 07c.— On the 29th ult., at Gibraltar, Floyd, naval cadet, 11.M.5. Marlborough, younge of 14ajor-General Sir Henry Floyd, fart. . Ililei.m—r:iosnnudrotrrheiye_:3•Nadg,i:nd:it;.6e,:a. 6tiA:ng, Anglesey, Bell Robert Owen, PLummEn.—On the Bth inst , in Cork-street, gardens, John Z. PIUMIII. Or Esq., of I 4 13031111. 31 Owen, ::. DS tic ia° ‘ Wir,soNOn the 9tti inst., at Norfolk Villas, • Well, Charlcs Wilson, Esq., aged 67• Arthur Wolsltcsloeya oNnoN : Printed and Published by DIIJUDO of No. 112, Strand, Printer, at The Sun Office, O. strand, in the Precinct of the Savoy, in the couta Middleaex, Saturday, December 10, IP9. 125 10 9 8 4 8 _ _ 602 44 879 922 1,033 267 278 214 271 1,346 1,622 1, 664 651 624 331 19 ) 27 2 1, 281 1, 918 0 1 09 674 44 &10 922 1,016 69 68 • 773 5 0 , 500 71 5 80, 070 64,5° 3 43,310 487 1,414 18, 8 27 4 9 38,96 46, 311 745 ii i 40,.' ' 43,448388 1,49 0 I 'B9 , 30°7 CKET 102: 1 171 31 671 499 191 111 142 183 283 1734 91 28 6144 177 746 9 233 46. 10 102 181 30 115 29} 291 72t 306 171 108 119 119 194 67i 489 183 k 283 58 213 i• 460 1734 9k 28 61 4 1 177 52 735 23 3 461 115 291. 29 671 302 1714 108 116 1:15 3 35 9 2,45 6 b 163 1,121 301 2,6 37 1,1 47 5,707 13,791 963 805 23, 668 253 84 5 20°1 32, 480 -- 27,94° 500 3,708 6.5 2 567 368 909 40, 073 301 1,27 9 2,473 2,7 07 . 12, 400 2,77 0 2,2 07 8,473 4.7 05 11,594 47 6 2, 23° All 42 6 293 13 3 30 25 32 4 1, 15. La 3, 28 ' ! 1 0,2 0 ' 2 ' 1,746 3,6 74 7:46