The Sun. — London, England, 1859-07-05 00:00:00

IMPERIAL PARLIAMENT. HOUSE OF LORDS-CVESTERDAY). The LORD CHANCELLOR. took his seat on the woolsack At BVe•o'clock. NEW PEERS. Lord IaVEDBIS (late Mr. Vernon Smith) took the oaths and his seat as a peer of the realm. Lord Lidozovmit. (late Sir Benjamin Hall) also took the oaths and his seat as a peer of the realm. PETITIONS. The Earl of STANHOPE: presented a petition from Aberdeenshire, praying that Marischal College maybe pre served as a separate institution. The Earl of SHAFTESBURY presented a petition from Derbyshire, praying for the Omission of the Bible into the Government schools in India. PETTY SESSIONAL DIVISION BILL. This bill was read a second time. PRIVATE BUSINESS. On the motion of Lord REDESDALE, the Border Counties Railway Bill was read a second time. THIRD READINGS. The following bills were read a third time and passed : Manchester, Sheffield, and Lincolnshire Railway (Station at Manchester), South Wales Pembroke and Tenby Junction Railway, Tyne Im provement, Kingston-upon-Thames Gas, North-Eastern Railway (Kidd Valley branch), London and North-Western Railway, Edgehill to Garston), Great North of Scotland Railway, and Reading and Hatfield Railway. DIVORCE COURT. Lord BROUGHAM moved that the return No. 44 in the minutes of the 9th of June, delivered on the 27th of June, be printed. The noble and le arned lord said it was of imp ortance that the exact amount of business:should be ascertained ; as it was, the increased amount of busi ness that had been suddenly thrown upon the court arose from the fact that until very recently the extent of the powers it possessed had been altogether unknown. The amount of judicial business rendered it absolutely necessary to determine whether or not it was necessary to add to the number of judges. It might be that the aid might only be temporary, but it was of importance that the ques tion should be settled. In fifteen months, the period of the establishment of the court, there had been no less than 285 petitions granted for dissolution of marriage, and 105 for judicial separation, making in all nearly 400 cases in little more than a year. Out of this number, 37 divorces had been granted, but there were upwards of 140 cases waiting for consideration. The rules and regulations of the court he thought far from satisfactory, for as the procedure at pre sent existed the jury were very frequently deceived by the collusion between the suitors. Suits were often brought by arrrangements made by the husband, wife, and her paramour, and he knew an instance in which the paramour actually paid the expenses of the husband's application for a divorce. In his opinion it was absolutely necessary that the Attorney-General, or some other officer appointed by th• Crown, should be present to watch all the cases on the part of the public. The noble and learned lord said he trusted that the noble and learned lord on the woolsack would take the whole subject into his consideration, with a view of devising a remedy for the evils that at present existed. The LORD CHANCELLOR said he felt pleased the noble lord had brought the working of the Divorce C our t under the , cons i derat ion of the house. He rseolentirely with him as to the great necessity e i nq uiry being made into the working of the cour t, what he proposed should be done as a means of i n suring the efficiency of the court was, that all the puisne judges should be members of the court, and that two of them, together with the Judge-Ordinary, should sit in turns with the Lord Ordinary, for the purpose of making full Courts, which would, he thought, greatly facilitate the business, until some definite arrangement could be made. There were some very serious alterations he thought it would be advisable to make, and he hoped in the course of a few days to lay a bill upon the table which would remedy the evils complained of. After some remarks from Lord CRANwoirm, the return was ordered. CHURCH RATES. The Duke of MARLBOROUGH rose to move for the appointment of a select committee to inquire into the pre sent operation of the law and practice respecting the assess ment and the levy of church rates. He said that he had been anxious on several occasions to bring this subject be fore the house, but he had been hitherto disappointed in consequence of the various changes which had taken place, and which had caused its postponement until a period of the session when he regretted to think that the consideration which their lordships would be able to give it could not be so lengthened as its nature and importance demanded. Yet there was no subject of deeper or greater importance. He believed that it was held in some quarters that, inqui ries having taken place on the subject in the other house, it had been so fully discussed and so much attention paid to it that it was scarcely possible to eliminate any further facts, and that inquiry would lead to no practical result. But a few considerations which he should proceed to point out would, he thought, show that there would still be some advantage in inquiry. A committee of the House of Com mons which sat in 1851 did not represent the views of the great body of persons who were interested in the Church of England, for the composition of the committee and the evidence taken before it were of a partial character. Twenty- three witnesses were examined, Of whom 15 were strongly opposed to church rates in principle and practice. Of that 15 nine were dissenters. Eight of the witnesses who were opposed to church rates were barristers or lawyers who had been engaged in church rate cases, and two were clergymen of the Established Church in whose parishes there had been church rate disputes, viz., the vicar of Halstead and the incumbent of Melbourne, who only gave evidence as to the unfortunate circumstances in which these parishes had been placed. There were only six witnesses whose evidence was important as regarded the state of the law, whose tes timony formed a useful digest, and was important in refe rence to research ; but there was scarcely any witnesses in the interest of the Church of England. He might, therefore, ask for a committee which would represent in a fair and impartial manner opinions as to the practical working of church rates in the Established Church. When the committee of 1851 was sitting, the question of church rates occupied a very different position to that which it oc cupied now. Then unpleasant disputes on the subjects were raging, and especially at Braintree, where the dispute was caused in the first place by the churchwardens imposing a rate in defiance of the wish of a majority of the vestry, and by the vote of a minority. It was thought that when the judicial decision of their lordships' house was declared to be adverse to the minority, and that a rate could only be levied by the vote of a majority, it would go far to settle the ques tion. In answer to questions put to a Mr. Pritchard, a lawyer who had been engaged in church rate cases, and was examined as a witness before the committee, he said that the establishment of the principle of the acceptance or rejec tion of a rate by a majority of parishioners would be satisfac tory to the public mind, notwithstanding the fact that the rate would be equally compulsory, whether imposed by a majority: or a minority. The view generally taken was that if it was declared that a rate could only be carried by a ma jority, that would be a satisfactory settlement of the ques tion. Their lordships' house decided that a rate must be imposed by a majority, and the result, it was said, would be perfectly satisfactory, and yet from that time to this the efforts to obtain the abolition of church rates had been as lressing and virulent as ever. It was important that their ordships should have an opportunity of inquiring into the working of the law in its new and altered form, of seeing how the question worked in large parishes where church rate contests had existed, and whether by the judicial deci sion of the house being put into practice, much of the op position to, and the grievances connectedwith, church rates had been practically removed. Another rea,son why he thought , they should proceed in this matter was this, that in point of privilege, it was not competent for their lordships to send a bill touching taxation to the other house. Their lordships were placed in this position, that unless they adopted the mode which he recommended they could only discuss the question in a barren manner, and with no results, as theytmust either accept or reject any bill sent from the other house. They all felt the inconvenience of year after year rejecting bills sent from the other house. Those bills might go further than many of their lordships thought it prudent and politic to go, and yet might contain improvements in the law which they might desire to pass ; but if they were looked upon as money bills they could not be altered. If they were money bills they must be either accepted or re jected. There /tare many points in the law of church rates which required amendment, and there were also many grievances connected with it. In the first place it would be found that rates were voted for improper objects ; that ex penses were included in rates which had no business to be included ; that many things of an expensive kind were pro vided for the service of the church out of the rates, and when things were looked into it would be found that these mat ters formed grievances to many persons who were ready to look ;on the church as a national establishment, but were not inclined to vote rates for the provision of what might be called luxuries. Then there was "L'e expensive litigation often res orted to for the re eclvere of the rate—those things were all regarded as ,g ri , b 7 ; a nces by the dissenters, rates. t to prejudice the 'bad against church rates. Again, the dissenters complained th a t they contributed lar g ely to their own p lac e s of worship, and it was therefore unfair to call upon them to c,onteent e . to a form of worship from which they conscientiously differed. jection was inc reased ln many instances also, the ob - and the harshunpopu lar ity of the ministry manner by the while in other parishes, where . a. rich the rates were enforced ; was 'narked by pr a d enee er e conduc t of the minister the paid willingly. lee submitted con ciliation, the rate was profitably investigate all these that a committee might ascer tain what were really griev ai tff e e s rent points, and iir grievances might be remedied consi st ently and hey! far_ tho se . with the main tenance of the principle of chum different times, he believed, been no fe wer distinct measures brought under There had at _ than seven the notice of Par liament for settling this question. one class those measures proposed the rate on fixed - of doing away with the voluntary principle, pr operty, thus important element in the existing law, un ul de l l r was en which the rate could only be laid by the voluntary a c t of a majo rity of the vestry. If the rate were made in a com aa charge fixed on the land, this principle, which he attached great importance to, would be lost sight of. Another pr o_ d position was that the rate should be levied only on those who constituted themselves into a church vestry, or up on such as occupied pews or sittings in the church. The ob jection to that wasp that it would in effect proclaim that no person was in communion with the Church until the vestry was proved, and those people would be invited, de novo, to p u t themselves into communion. At present the law dam land looked upon every person as in communion with the Church of England, and for that reason any subject of the Queen could legally call upon the minister to perform cer tain duties and offices connected with the established re ligion ; and if they were to build up a system by which those only should be called upon to contribute to the funds for the support of the fabric of the church who chose to burden members of the vestry, they would be doing that which the Dissenters were aiming at, and p l ac i n g the Church of England upon an isolated and sectarian footing , an d all who did not formally subscribe to her communion would be exempt. The n*th regard to the matter of pews, the principle of the church of England was that the sittings should as be free, and the adoption as possible adoption of the princip • le that those who were either of the vestry or who rented pews or sittings in the church were to be regarded as of her communion, would be to involve in great hardship and incovenience the poor, who looked to the church as the common property of all the parish, and who had believed they had the right of sitting there and enjoying the ministrations of the church free of charge. Another plan proposed was simple abolition, and he trusted never to see the day when their lordships would sanction so serious an infraction of the rights and privileges of the church as would be comprised in any measure of that nature. A further scheme proposed by Mr. Duncombe in 1840 was to exempt dissenters upon their making a formal declaration that they were dissenters and entertained conscientious objections to the payment of a rate in support of the church. At the moment it was thought by many persons that that would be a satisfactory solution of the difficulty ; but it was afterwards found that any exemption founded upon such conditions must necessarily meet with a large amount of opposition. The effect would be to cut off all who made the declaration from all communion and connexion with the church; whereas, as their lordships were aware, there were very many people in almost every parish who, while declaring that they in many respects dissented from the established church, were not in the strict sense of the term dissenters, but availed themselves of the ministrations of the church in marriage, sickness, burial, and, perhaps, in occasional attendance at the ordinary services. All these different proposals were open to objection, and consequently failed; but there was a large class of persons who would accept no compromise, but demanded the complete and unconditional surrender and abolition of church rates. That demand was put forward by those persons avowedly as a blew aimed at the existence of the established church, as a step towards disuniting the church from the state, and taking pos session of those parochial endowments which were now the property of the parochial clergy, ago Mr. Bright, speaking neon the proposed ex - Tmwpo ear ei y eno g f dissenters, said that he would never consen t that di s senters, because they were dissenters, should give up their claims to participate in the property of the Church, if it should become aquestion hereafter what should be done with the funds of the Church. These were the views of that hon. gentleman and his friends, from which they had never swerved ; and he mentioned it because it was right that their lordships should know what were the motive and objects that guided and actuated those who were the opponents of church,.rates. In farther illustration of this point he would call attention to the proceedings of the Liberation Society, which was established with the avowed object of liberating religion from State control. At the conference this year a member moved to add to one of the resolutions an expression of earnest hove that the executive committee would find it practicable to Wing the great question of the separation of Church and State before the legislature on an early day. This was objected to by Mr. E. Miall, who said, " The only dif ference between my :friend and myself is, that he would take the faggot and break it at once, but I think better to break it stick by stick." Nr. Miall's object was not to dis cuss the question, but to tak,' the sticks, as he c alled st tlAn s ai one by one and break them. a Z. nd what were th ose First, the abolition of church ra, 4 es the secularis use of the churches for all sects ; a •tl'irl o l th, the abolition hag the endowed grammar-schools ; • seconasd, thecommon 'don of the Scottish of university tests ; another, the aboh of-grounds. annuity tax; and another, the common use u N ro th o o tin ad g vo o c f a th th: o l f t was a c h lea a r ti t o h n at o th f echourbjeecht roafttehsosweeswhtho.s:, Established society heaalluCheurd ch. The gen tlemen who gOnip?sed th the to had put forward a circular, which ey had distributed in all the different parishes,. stating iltat they had just issued auseful little manual showing any raoPayer how to proceed in order to avoid paying church rates, and adding that if the directions therein given were follaa'ed it would be scarcely possible for any vestry to levy 11 rate under the existing state of the law. If their lord ships consented to to the appointment of this committee all these facts would come Out, and their lordships would be enabled to judge of the objects and motives of those by whom the abolition was demanded, and by placing the ques tion in a true light before Parliament and the country, • might facilitate the remedy of all real grievances without interfering with the rights of the Church, and thus relieve a vast amount of anxiety and restore confidence to the Church. He might add that not more than 5 per cent. of all parishes throughout the country objected to church-rates, and £250,000 was still collected every year in MLitt form. Then it was said that if church-rates were abolished, the means for maintaining the fabric and providing for the services of the Church would be provided for by voluntary contribu tions. Hitherto voluntary contributions had thee= given in many parishes, though the law of church-rates existed ; but let the law be abolished, and these voluntary contribu tions would diminish, and the means of supporting and upholding the Church would most certainly fail. Again, the amount raised in church-rates was no test of the manner in which the principle was accepted and em bodied throughout the country, In many parishesthe church rates were of small amount, and the voluntary contributions w ere the main reliance ; while in others the rate was the sole de pendence. But on this as on various other details eonnected with the question such an investigation as he proposed would be useful, and although the session was far advanced, he had no doubt that during the comparatively short time that re mained information would be obtained that would be of the highest value and importance in legislating for the settle ment of this long-agitated question, and that at all events it would be found that one of the surest safeguards of our hereditary monarchy was an established church. (Hear.) L or d TEYNHAM, who spoke with his back tot he gal lery, and was in consequence very indistinctly heard, ex pressed himself earnestly anxious for theabolition.of church rates, but declared himself decidedly in favour of the main na,nce of the national church. The noble duke had urged that in only 5 per cent. of the parishes were church rates resisted, but wasnot 5 per cent. quite of sufficient importance to call for a legislative settlement ? He trusted theirlordships would grant this committee, and that its labours would result in an amicable settlement of this much vexed question. The Archbishop of CANTERBURY supported the com mittee. The subject was one of the greatest importance, and there were many who opposed church rates who would, if it were made clear to them how many important interests their maintenance influenced, be most probably induced to withdraw, or at least to relax, their opposition. Ile believed that if this were made clear, they would never in we such a bill presented as had been brought forward last s ession. In his opinion the committee demanded by the i table duke should be granted. The two principal objecti ens which were urged against church rates might then be t horoughiy examined. The first was the conscientious objection, and the second the obligation resting upon the supporters of chapels of ease also to support the mother church . The first might perhaps be met in some conciliatory wary, and the other could be investigated with a view to some Teasonable arrangement. On all grounds he trusted that no opposition would be offered to'the committee. Lord PORTMAN felt the enormous importance of ob taining a speedy settlement of this question, and was the more convinced of it by the speeches made in the various hustings of the kingdom at the late election. Ho found that many men who had formerly taken a moderate line were then forced onwards, and did not venture to say a word about maintaining the fabric of the church. He tr usted their lordships would take note of these symptoms, and if possible preserve themselves from a collision with the otl ier house of Parliament. He trusted they would go into this committee not in the spirit of antagonism which had been evinced by the noble duke, but in the spirit of the most rev. prelate who had just sat down, and if possible bring the :matter to a peaceable and amicable result. The opposition to rates did not so much arise from a dislike to maintain the fabric of the church as to the many other purposes for which they were levied, and to their being expended without cheek or audit. He had been told by many influential nonconformists that they were quite willing to contribute to the maintenance of the fabric, and from other sources of information Inc believed that they might obtain a rate for the fabric although not for the services of the church. It was to him a subject of regret that the most rev, prelate had held out a hope of settling this question which was not subsequently fulfilled, as he believed that if the right rev, bench could only settle on some reason able plan, it might ultimately lead to an. arrangement. He had himself placed a bill on their lordships! table in fur therance of a pledge he had given in the past year, and he hoped that some clauses at least in it might be found useful. He hoped also that Mr. Walpole would, notwithstanding his altered position, continue his attention to the subject, as there was no man who had conceived a stronger attachment to the Established Church, or who had a more thorough knowledge of the subject. He should vote for tha commit tee, trusting that it wontd take all the points into its careful consideration. The Bishop of LONDON said the noble Lord had taunted the right reverend bench with not having produced a mea sure on the subject of church rates ; but ho (the Bishop of London) thought that, seeing the number of bills that had been produced and rejected, there was very little encourage ment for the right rev. bench to interfere in the matter. (Hear.) Even the noble lord's own bill would most proba bly not prove an exception to the general role. In his opi nion the right rev. bench had taken a much wiser course in not undertaking the solution of the question, but in pray ing their lordships' house to grant this committee. There were some points which had been urged in advocating the abolition of church rates to which he wished to call atten tion. It was said that only one-third of the population be longed to the Established Church, but he could not find the data upon which that assertion was founded. True, the church accommodation extended to only one-third of the people, but that fact byno means justified the conclusion as to the religion of the population. Eighty-three par cent. of the schools for the education of the poor were in connection with the Church of England, and of the two millions of children between the ages of 3 and 15 years who attended them, 78 per cent. were in connection with the Church. He found, also, that of the marriages in England and Wales 84 per cent of the whole number were solemnised in the Church of Eng land, 11 per cent. of the remainder in. Romish, Jewish, and dissenting places of worship, and only 5 per cent. at the re ogistrar's o t u h r e r e d d i s o p n u ly t e o s , n u e e p o a n y which a n s d o o m u much t gi str s e tr s ar' s w s as offi la ce id . , th A e g y to be looked upon rather as so many safety valves for the parochial discontent. Disputes were common in all meetings of Englishmen, but the decision lay with the majority, and once given the discontent was soon forgotten. It appeared extraordinary to him that because 500 parishes had voted I against church rates they should be called upon to abolish them in 11,000 in whichnoresistance had beennuade. Every one seemed to be willing that the parochial system should be preserved, but it was folly to expect to preserve that system by means of the voluntary principle. They could not argue from populous and wealthy districts that the voltintary prin ciple would maintain the churches in such plat.: es as Cum berland. As well might they infer from the erection of that beautiful edifice in the west end of the metropolis, which some persons said would cost £100,004), that the voluntary principle would produce similar r ~salts in all parts of the kingdom. He would most earnestly impress upon their lordships the necessity of granting; this com mittee. There were a great many erroneous ideas to be dispelled, a great many important opinions to ho obtained. He wanted to know what were the opinions of Ole religious, not the political dissenters of England, of tin me men who thought there were great moral and asocial inte rests involved in the maintenance of an established church. He believed there were thousands of Dissenters in England who thought it would be a dark and niiserable day for England if the established church were abolished; but he know at the same time these were not the 1114 all who were the most influential in returning members to Parliament. (Hear, hear.) Earl GRANVILLE did not see that much. advantage could result from a committee, seeing that the subject had already been exhausted in way of inquiry, but, seeing that it had been recommended by the noble lord behind him, and after the aeal which had come fro m the right rev, bench, h m e ig sh h n t ul co d m l u not p feel justified in offering any oppoc ;Rion to the motion. At th e sam e time his consent must not be under stood as precluding him from considering any measure that from th the other ee House to. of Parlia t nent. The motion was - ECCLE SIASTIC AL COMMISSION. EaniTsWerto th e D u k e o f MARLBOROUGH, GR ANVILLE stated that no legislation on the above subject was adjournedeetitem contemplated 8 o dduTin olo g k t . he pre cent session. Their lordships HOUSE OF COMMONS.—(YEsTEMDAy.) The SPEAKER took the chair at 4 o'clock. THE CHANCELLOR OF THE EXCH:EQUEB' Mr. Gladstone, introduced by Lord Harve y and Mr. Foster, took the oaths and his seat, on his re• election for the University of Oxford. PRIVATE BUSINESS. The Lords' Amendments to the Great Weister n Railway Bill, the Chichester Harbour Erabankment, and Swansea Harbour Trust Bill, were considered and agveed to, and ordered to be read a third time. On the motion of Mr. C. FORSTER the fol 'lowing was ordered :—That the minutes of evidence takes 1 befoie the committee on the Durham and Cleveland Union Railway Bill, in session 1858, be referred to the committee on the Cleveland Railway Bill. BLACKBURN AND BRIDGE BILL. TN ' ROAD' AND Colonel PENNANT moved that the order .that the Blackburn and Preston Road and Brid ge Bill do . lie upon the table, be read and discharged; that the bill be.. referred to the committee on Group B, with leave to sit and proceed thereupon to •morrow.—Agreed to. On the motion of Mr. RIDLEY, the following was ordered :—That it be an instruction to the committtee on group 4 of railway bills, that they have leave to consolidate into two bills, in such manner as they shall think desir able, all or any of the provisions of the Midland Railwayßill, the London and North Western Railway (Arrangement) Bill, the Burton upon Trent Railway Bill, and the Burton upon Trent Bridge Bill. MR. CHISHOLM ANSTEY: Mr. E. JAMES presented a petition from the inhabi tants of Newcastle-on -Tyne, praying for an inquiry into the circumstances connected with the dismissal of Mr. C. Anstey, at Hong Kong. The hon. gentleman also gave notice that on the 12th inst. he would move for the produc tion of all the papers relative to this subject. SALE OF SLAVES AT BRAZIL. Mr. GRIFFITHS asked whether the British Consul at Rio had exercised his authority to prevent a certain con tract for the sale of slaves in Brazil, by the directors of a British Mining Company in that country, to one Santos, from being carried into effect, although such sale professed to be under the sanction of a British court of law ; and whether it was the intention of her Ma jesty's Government to support him in that course? Lord J. RUSSELL said there was some misapprehen sion on the present subject. In 1827 her Majesty's consul at Rio applied to the Government for information whether such transactions as that alluded to were legal, and the law offi cers of the Crown replied that by a recent statute, owners could sell the slaves on their estates, but could not sell their children. This information had been forwarded to her Majesty's Minister at Brazil, and by him communicated to the parties inte;ested. There could be no objection to the E course proposed by the hon. member. AT INDIA LOANS. Col. SYKES moved for an address fora return of all loans and repayments of debts at the several Presidencies in In dia, and in England, annually, from the year 1800 to the latest dates inclusive—specifying the rates of interest at which the several loans were contracted, with the annual gross revenue of each Presidency, and total annual revenue of British India from all sources ; with a column showing the annual per-tentage pressure of the interest of the debts in relation to the gross revenue. SAVINGS BANKS. The CHANCELLOR of the EXCHEQUER, in answer to Capt. D. O'CoNNELL, said it was not intended this ses sion to introduce any bill for the better regulation of sav- ings banks. INDIAN FINANCE. Mr. BRIGHT asked the Secretary for India whether it was intended to make any statement relative to the subject of Indian finance previous to the prorogation of Parliament, and whether he could fix a day for making such statement? Sir C. WOOD said he would make such statement prior to the prorogation of Parliament, but he could not state exactly what it would be or when he would be in a position to make it. Mr. BRIGHT then gave notice that he would bring the subject forward in the course of a few days, in order that a matter of such importance should be considered before the ' attendance of hon. members was reduced. Sir C. WOOD said he would bring the question forward shortly, but until he obtained some additional information to that be already possessed he would not be in a position to do so. THE OFFICE OF THE BOARD OF TRADE. In reply to Sir S. NORTHCOTE Mr. FITZROY said that directions had been given to make some necessary alterations in the office of the Board of Trade. THE FINANCIAL STATEMENT. In replytOSir H. WILLOUGHBY, Mr. GLADSTONE said it was his desire to appoint as early a day as possible for making his financial statement, but it was not his intention to make a statement with re gard teany particular estimate apart from that in combina tion with the subject of the general expenditure of the country. ESTIMATES The Civil Service estimates were laid on the table. MANNING THE NAVY. Lord CLARENCE PAGET said, in reply to a question that had been asked on a previous evening, that it was the intention of her Majesty's Government to introduce a bill on the subject of maiming the navy. NEW WRITS. New wits were ordered respectively for Ashton-under- Lyne, vacant by Mr. Milner Gibson's acceptance of Pre sident of the Board of Trade ; for Wolverhampton, vacant bythe Hon. C. P. Villiers being appointed the Chief Com missioner of the Board of Works. PARLIAMENTARY REFORM. Mr. E. JAMES asked the First Lord of the Treasury whether it was intended by her Majesty's Government to introduce any bill to amend the representation of the people in Parliament during the present session ? Lord PALMERSTON said he could only repeat the statement he had made the other evening, namely, that at the present period of the session it was not intended by her Majesty's Government to bring in any bill on the subject until the next meeting of Parliament. WORKHOUSES (ST. MARYLEBONE, &c.) Mr. HANKEY moved a return showing the number of in-door awl also of out-door poor (excepting lunatic paupers in asylums) receiving relief on the Ist day of January and the Ist day of July in the following years, viz., 1854, 1855, 1856, 1857, 1858, and 1859; also the total cost of maintenance of in-door poor in each of the above years, and the average cost per head; also the popula tion of each parish at the last census ; the number which each workhouse is calculated to hold, according to existing Poor Law regulations respecting space and venti lation ; and the total superficial space occupied by the workhouse of the parish of St. Marylebone. Like return for each of the parishes of Saint Pancras and Pad dington. Statement, whether the pauper children are maintained and educated in the workhouses or elsewhere. And, copy of a printed address from Mr. Farnall, Poor-law Inspector, delivered on Friday, the 11th of July, 1857, to the Directors of the Poor of Saint Marylebone, and of any answer which may have been received thereto. EAST INDIA (SALARIES, &c.) Mr. VANSITTART moved an address for returns of the salaries of the members of the Legislative Council for Bengal, North Western Provinces, Madras, and Bombay; of the salaries of the clerks employed in the said Council; and of the expense of the house, offices, and printing in curred by the Legislative Council from the time of its establishment to the present period.—Agreed to POOR LAW BOARDBILL. S (PAYMENT OF DEBTS) The bill was read a second time, and ordered to be com mitted. LAW OF PROPERTY AND TRUSTEES RELIEF AMENDMENT BILL. This bill was also read a second time. JURY TRIAL (SCOTLAND) ACTS AMENDMENT _ _ BILL. This bill went through committee, and was ordered fo third reading. CRIMINAL JUSTICE, MIDDLESEX (ASSISTANT JUIi(IE) BILL. On the motion for the second reading of this bill, Mr. LOCKE KING moved as an amendment that it be read a second time that clay six months. After some discussion the amendment was withdrawn, and the bill was read a second time. DIPLOMATIC PENSIONS. Mr. M. MILNES obtained leave to bring in a bill to remove doubts as to the qualification of persons holding diplomatic pensions to sit in Parliament. THE THAMES. Sir M. PETO moved for leave to bring in a bill to pro vide for the prevention of noisome effluvia from the River Thames within the metrepolis. He said he did not meati to impeach any blame to the metropolitan board, nor in any way to shackle them in the discharge of their duties, and he also proposed to give them additional powers if neces saryLo .rd J. MANNERS did not intend to oppose the intro duction of this measure, but he thought that its title was a misnomer. Instead of a bill to "provide for the prevention of noisome effluvia from the river Thames within the me tropolis," it appeared to him to be a'bill to require the Me tropolitan Board of Works to make a great many returns which no on© would read. He must enter a caveat against being supposed to patronise such legislation. (Hear, hear.) Sir J. V. SHELLEY expressed a hope that if the house desired to have these expensive returns from the Metro poiitan Board of Works it would not throw upon the rate payers of the metropolis the cost of their preparation, and protested against the Home Secretary being allowed to exercise any authority over the proceedings of that Board. Mr. TITE assured the house that the board had ample powers, and they had also the strongest desire to take effi cient steps to remedy the gigantic evil with which they had to contend. In order to show the feeling with which they were animated, it would only be necessary for him to state that last year, although they had not the powers which the legislature subsequently conferred upon them, they spent no less than £5,000 in lime for deodorising the sewers. A per manent cure could only be found is a great system of main drainage • and from the progress which had already been made he thought it probable that that system would be com pleted in three years instead of five. • (Hear, hear.) One large sewer was contracted for in February last, and one fifth of it was already made. That sewer, which would be finished in June next, would drain the Hackney Brook dis trict, a source of enormous annoyance. Another very large sewer on the other side of the river had just been contracted for. With regard to the present state of the Thames, he must remind the house that there were now discharged into it 80,000,000 gallons of sewage water, which contained 600 tons of mud, or NO tons of solid matter. This sewage was not only in a state of putrefaction itself, but it was a cause of putrefaction to the mass into which it was poured. The beard had appointed two of the most eminent chemists of the day to experiment on the best mode of deodorising the contents of the drains; and they had also appointed, since May last, Dr. Miller (Professor of Chemistry in the Uni versity of London), to report to them daily on the state of the river and of the great sewers. At the present moment the board had no fewer than 30 stations at which they could pour in lime water, which was all that in the present state of their knowledge they could do. But Dr. Miller was en gaged in a series of experiments, in order to see if a better disinfectant than lime could not be found for this temporary use. Last week Dr. Miller suggested some other deodorising agents, and the board were prepared to adopt those other agents, even if they threw an additional expense upon the ratepayers. (Hear, hear.) The board were sincerely anxious to discharge the duty imposed upon them y and any inter ference by the legislature would tend rather to embarrass than assist them. (Hear, hear.) Mr. ANGERSTEIN said a report was current that the high level sewer was intended to discharge its contents into Deptford Creek. He trusted that it was not intended to sacrifice a considerable portion of the metropolitan district in the way suggested. Mr. M'CANN complained of the abominable stench which on Sunday last was emitted from the opening at Charing-cross through lime which was put into the sewer. The smell rendered the rooms at Morley's Hotel almost unbearable. (A laugh.) Mr. RIDLEY said that a fetes hours after the rise of the tide the effluvium from the river was so bad that the win dows had to be closed, and there was reason to apprehend that pubic business would be seriously interrupted. If it continued it must again endanger the health of hon. mem bers, as to his knowledge it had done last year. Mr. CONINGHAM considered that the system which had been adopted in the drainage of the metropolis was not founded on right principles. He had no doubt that the use of lime world prove a signal failure. Mr. LOCKE (Southwark) was the only member who last year objected io the measure proposed in a great hurry by her Majesty's then advisers for the purpose of handing over all r esponsibilityconneeted with the river to the Board of Works. He was informed that the plan the Board of Works had ad o p ted was to divert the course of all streams par ticularly offensive, and to mak e th em run iThames below bridge. It was, therefore, extremely likely that w h e e r e iltehtese operations would only increase the evil. Mr. GRIFFITH said he had made inquiries as to the smell complained of by the hon. member for Drogheda (Mr. m ‘c ann ) ; an d he found from the men employed in superintending the lime operations that it answered very well so long as it was kept at work; but on Saturday they left off pouring in the lime water. It appeared to him that no plan of main drainage would answer unless the river was also embanked. It was found that the smell was worst when the tide began to disturb the mud banks ; a circum stance which showed that the removal of those banks was even more required than new drains. (Hear,'hear.) Alderman CUBITT said the Board of Works had been proceeding with all possible despatch ever since they had received their new powers ' • but it must be remembered that those powers were not conferred upon them till late last session, and that time was needed to prepare their plans. All that was now required was a little patience ; for it was impossible that great works like these could be carried out in a few months. (Hear, hear.) He hoped, however, that in three or four years the scheme would be completed, and that the noxious .effiu.via of which they had now to com plain would be removed. He begged to state with refer ence to the high level sewer that it was never intended that it should empty itself into Deptford Creek, The board had merely taken Deptford Creek as a point to which it should be constructed uutil proper machinery could be constructed to convey the sewage lower. (Hear, hear.) As to the smell at Charing-cross on Sund.ay, that had arisen from the sewer having been accidentally left uncuvered. The SPEAKER then put the motion that leave should be given to bring in the bill, and the noes appeared to pre poitderate. The right hon. gentleman having put the ques tion a second time, and with the same result, declared that the noes had it. Some amusement was caused by Sir M. Peto rising to challenge his decision a few seconds after wards, when it was too late. The hon. gentleman had evi dently let the moment for demanding a division pass from pure inadvertence. PICTURE GALLERIES. Mr. iCOWPER moved for an address for copies of all letters and memorials addressed to the Committee of Council on Education, or the Trustees of the National Gallery, with reference to the admission of the public in the evening to the Turner and Vernon Galleries of pictures and of the answers thereto. He thought the public should have the fullest opportunities of visiting these collections, which unfortunately was not the case. They were now being placed by the Trustees of the National Picture Gallery in rooms in which no provision was made for the admission of the public. He wished to call the atten tion of the house to this matter, in order that what was necessary for the education and improvement of the people might be done. The intention of the generous donors should be carried out to the fullest extent. A picture gal lery to be seen to the greatest advantage seould be seen in the evening, and that was the best time for the working classes and for visitors to the metropolis. It was, therefore, the duty of the trustees to open up these collectionsin the evening. He did not know the motives of the trustees for refusing this permission, but one reason was, that if they opened these galleries they must also open the National Gallery. He could not see the force of that reason. The rule should be the freest access at all times. No danger could arise from the use of gas, for the galleries could be lighted from the roof in the same way in which that house was lighted. (Hear, hear.) That would cause some addi tional expenditure, but he thought the house would give any reasonable sum of money for that purpose for the benefit of the public, and he trusted that when the papers were laid on the table of the house the attention of the trustees would be called to the manner in which they were discharging their trust, and take a more extended view of their duty for the benefit of the country at large. The address was ageed to. Mr. DUNLOP obtained leave to bring in a bill to afford means for the more certain ascertainment of the law ad ministered in one part of her Majesty's dominions when pleaded in the courts of another part thereof. PUBLIC HEALTH. Mr. LOWE obtained leave to bring in a bill to make perpetual the Public Health Act (1858). PRIVY COUNCIL ORDERS. Mr. LOWE obtained leave to bring in a bill to provide for the authentication of certain orders of the Privy Coun cil in the absence of the clerk of the council in ordinary, having previously stated that it was not the intention of her Majesty to fill up the clerkship of the Privy Council rendered vacaMntILITA by th RY ORGANISATION. of Mr. Greville. Mr. S. HERBERT moved for a select committee to in • quire into the effects of the alterations in military organi sation regarding the War-office and Board of Ordnance which were made in the year 1855 ; and also to inquire whether any changes were required to secure the utmost efficiency and economy in the administration of military affairs. The motion was agreed to. Colonel DUNNE said he had given notice of his inten tion to move for a select committee, which was, to a great extent, for the same purposes as those proposed by the right hon. gentleman. His object was, however, principally to inquire into the organisation of the civilian departments of the War-office, which were at present very inefficient; but he would not attempt to take the question out of the very able hands of the right hon. gentleman the Secretary for War, and he should, therefore, postpone his motion. General PEEL said he could not agree with the descrip tion which his hon. and gallant friend had given of certain departments of the War-office. On the contrary, they were in the highest state of efficiency at the present moment, and ready to peform any duty that might devolve upon them. (Hear, hear.) Mr. HORSMAN said he could see no hope of the in quiry being brought to a close during the short period which still remained of the present session ; and, as a member, of the former committee, he would appeal to his right hon. friend whether, upon a question of such extent and import ance, they would not really gain time by postponing the appointment of the committee until the beginning of next session. Captain JERVIS said that many alterations and im provements might be made, and, where necessary, byorder in Council, without waiting for the report or the recom mendations of the select committee. Time would thus be saved. Mr. MONSELL concurred with his right hon. friend the member for Stroud in thinking that it would be much better to postpone the appointment of the committee until next session. It was utterly impossible, in the short time before them, that they could go fully into the many important questions with which they would be engaged. In fact, they would not be able to gat further than a mere prelimi nary statement of the organisation of the department, and to have no time to take evidence, or to hear both sides of the question. He urged his right hon. friend tcp postpone the committee. Mr. S. HERBERT said, in reply, that the very vastness and importance of the subject constituted one strong reason in his mind for going on with the inquiry at once. (Hear, hear.) They might, though late in the season, have some eight sittings of the committee ; and he was most anxious, at the earliest moment, 'to have the defebts of the depart ment pointed out, as well as the most practical remedies for these defects where they existed. He hoped, therefore, his right hon. friends would withdraw their oppesltion. Colonel LINDSAY thought it was much better to ap point the committee'at once ; but he trusted that in its for mation the right hon. gentleman would deal more fairly with the military profession, and not place subh a prepon derance of civilians upon it, as there had been upon former committees. Mr. DISRAELI was of opinion that there were very cogent reasons for postponing the appointment of this com mittee at the present moment. When the right hen, gen tleman was formerly in office he had introduced a great many changes. His hon. and gallant friend the late Secre taryforWar (General Peel) had also made manyalterations, and it would be in his opinion judicious to delay the ap pointment of the committee until next session, in order to test the practical working of these changes. If the com mittee was now appointed, and held only a few sittings, say seven or eight, as mentioned by the right hon. gentleman, the result would be the publication of evidence on one side only, and in an imperfect form, whereas if the committee did not commence till next session, the inquiry could be conducted more satisfactorily and more fully. Lord PALMERSTON said the Government had no de sire either to prejudge or unduly press this matter, but hav ing been himself a mamber of the late committee before the dissolution, he could state that the committee had taken a great deal of evidence, which it was very important should be laid before the house, and if the committee were now re appointed and had a few sittings, the evidence taken by them might also be presented, together with that previously taken. The committee in the meantime need not inquire into the alterations made by the right hon. and gallant member opposite, which could be taken up when the inquiry was resumed next session. He hoped the house would not ose the remaining portion of the present session, or vir ually shelve an important question by postponing it. The motion was then agreed to. DIVORCE BILLS. Mr. S. ESTCOURT, in the absence of Col. W. Patten, moved the nomination of the select committee on Divorce Bills :—Mr. Walpole, Mr: Sotheron Estcourt, Sir John Pakington, Mr. Headiam, Mr. Bonham Carter, Mr. Mellor, Mr. G. Clive, Mr. Adderley, Mr. Steel, and Mr. Hussey Packe. Mr. BOUVERIE said it was high time that Parliament should do something in the matter, and for his own part he gave the right hon. gentleman opposite warning that he should strenuously oppose any legislation in that house with respect to particular divorces. After a few words from Mr. S. ESTCOURT, Mr. M'CANN said there had been some talk among members on both sides of the house, about extending the Divorce Bill to Ireland. If the Irish members had thought "such an intention existed, they would never have allowed it to pass. (A. laugh.) The motion was agreed to. CONTRACTS (PUBLIC DEPARTMENTS.) Col. DUNNE moved for the appointment of a select committee to inquire into the principle adopted for making contracts for the public departments, and the effect which the present system has upon the expenditure of public money. Mr. S. HERBERT asked if the hon. and gallant member would define any limits to the inquiry. The first committee was appointed in 1856, and some of its members had since left- the house, not being returned by their constituents, while others had gone to another world. The house recommended a committee which had been appointed and made no report; unless there was a definite limit, the in quiry would be protracted until it ended in nothing. Col. DUNNE said he did not want any further extension of the inquiry, but simply the gathering together of the mass of evidence already taken: He wsuld not introduce any new topics. As to the report o(the committee, he be lieved it would never be made, because it had to be founded on the books at Weedon, and it was impossible to make them up. The motion was then agreed to. Mr. S. HERBERT brought up the supplementary army estimates. Mr. BRAND brought up the navy estimates. The various bills for the introduction of which leave had been given, were read a first time, and the house adjourned at five minutes to seven o'clock. We have much pleasure in stating that Lord Palmerston has appointed Mr. Fleming, for many years Assistant -Secretary of the Poor Law Board, to the office of permanent Secretary, in the room of Lord Devon, resigned. THE IRISII FISHERIES. —The Report onnriM Fisheries for 1858 was published yesterday. The sea -coast fishery does not, unfortunately, appear to be in that pro gressive state of general improvement which might he de sired. In some localities, 7here the means of tra ns it b y s team are available, an activityin capture, and an i ncrease in business, are perceptible. The languid state of the Irish fisheries is attributed in a great measure to the want o f curing establishments. In districts remote from railway an d s team-boat communication, there is no constant and steady demand for sea-fish, and the s a f e d epen d s on t h e casu al requirements of the neighbourhood, the vendors be ing at the mercy of the purchasers as far as price is con cerned. Some of the oyster fishe r i es , create d un d er t h e powers invested in the commissioners for granting licenses t o private parties to formartificial layings or beds, have prospered, and it is anticipated that this success may stimu late others to embark in similar operations, more especially as the supply of this description of food falls short of the demand. The salmon fisheries present a more flourishing condition, and are progressively improving. The laws are better observed, and, where it becomes necessary to enforce them, more vigorously administered than heretofore. ' THE 'SUN, LONDON, TUESDAY EVENING, J LA TV .L '7 -July it COURT OF EXCHEQUER. (Sittings at Guildhall, before Lord Chief Baron Pollock and a Special Jury.) SWINFEN V. LORD CHELMSFORD (LATE SIR F. THESIGER.) This case, which has for some months past been looked forward to with great anxiety, came on for hearing. The Court was densely crowded, and a large number of persons vainly sought admission. Mrs. Swinfen, the plaintiff, with two or three lady friends, were accommodated with seats in the body of the Court. Lord Chelmsford sat with his coun sel within the bar. The Earl of Shrewsbury and Talbot and!, Mr. Haliburton, M.P. (Sam Slick), occupied seats on the bench. Mr. Kennedy, the Hon. George Denman, and Mr. M'Mahon, M.P., were counsel for the plaintiff; Sir F. Kelly, Q.C., M.P., Mr. Bovill, Q.C., M.P., Mr. M. Smith, Q.C., M.P., and Mr. Ellis were for the defendant. Mr. Denman opened the pleadings. The declara tion stated that the plaintiff, Patience Swinfen, sued the Right Hon. Frederick Lord Chelmsford; that Samuel S winfen decreed all his estates to the plaintiff, who was his daughter-in-law, and her heirs ; that after the death of the testator, Frede rick Hay Swinfen, claiming to be entitled to the estates as heir-at-law, filed a bill in the Court of Chancery, praying that an issue might be directed to try the validity of the decree ; that the Master of the Rolls ordered an issue, at which the now plaintiff should affirm, and Frederick Hay Swinfen should deny the validity of the will ; that the issue was tried at Stafford, before Sir Cresswell Cress well ; that the defendant being then a barrister, was her leading counsel, yet that he, without her authority and against her will, and wrongfully and fraudulently, and contrary to his instruc tions, entered into and concluded a compro mise, and signed a paper set out in the decla ration, and consented that a juror should be withdrawn, the terms being that the estate should go to Frederick Hay Swinfen on the now plaintiff being secured £l,OOO a-year. The second count, like the first, stated that , the defen dant had been retained as the plaintiff's coun sel; that after the commencement of the trial Sir Cresswell Cresswell, the judge who tried the cause, privately, clandestinely, and illegally communicated with the defendant as the counsel for the plaintiff, and gave him to understand that he, Sir Cresswe Cresswell, had formed an unfavourable opinion o the plaintiff's case, and that she would probably lose the verdict, for the purpose of intimidating the defendant and inducing him to compromise the case, and thereupon the defendant, without the know ledge of the plaintiff, although she required him to proceed, being unduly and improperly influenced by the said judge, did unduly and wrongfully and fraudulently become a party to the purpose of the judge, by reason of which a juror was withdrawn and the trial was not proceeded with. The de claration then stated special damages, and the plaintiff claimed £lO,OOO. The defendant as to the whole of the declaration pleaded not guilty. As a second plea to the first count the defendant said that he entered into the compromise in good faith and without fear, and in the belief that he had full authority from the plain tiff. In a third plea to the second count, he denied that Sir Cresswell Cresswell did privately, clandes tinely, or illegally communicate with him. In a fourth plea, as to the second count, he denied that he did wrongfully or fraudulently, or in collusion with Sir Cresswell Cresswell, enter into the said arrangement as alleged. In a fifth plea to the second count, the defendant said that the plaintiff did not require him to proceed. In a sixth plea, the defendant said that when he entered into the agreement he did so on good faith, and in the belief that he had full authority from the plaintiff. In a seventh plea to the second count, the defendant said that after he had been retained, and after he had advised the plaintiff to enter into a compromise, and she had refused, Charles Simpson, the plaintiffs attorney, communicated to him,a fact, which, in his judgment, rendered it necessary and expedient to enter into a compromise, and that acting to the best of his judgment, and in the interests of the plain tiff, and without fraud, he had entered into the agreement alleged; and for a last plea, that he was not retained in the form alleged. On these pleas issue was joined. Mr. Kenned 3 ., rose at five minutes past 11 o'clock to address the jury, and continued speaking until three o'clock, with the exception of 10 minutes, during which the Court adjourned. Much of his address consisted of dry details. Mrs. Swinfen was called and examined by Mr. M'Mahon, M.P. She said—l am plaintiff in this action. I and my husband, Henry John Swinfen, went to Swinfen Hall in 1851, and lived there till the death of his father-in-law, on 'July 27, 1854. I saw my father-in-law every day, and many times in the day. My husband died on the 15th of June, 1854. After that I sent for Mr. Charles Swinfen and his wife. My father-in-law made a will on the 7th of July, leaving all the real estate to me. In the beginning of 1855 steps were taken to dis pute the will. My father-in-law knew that my husband had left a will leaving his property to me, and he approved of that will. He knew that if my husband died before him that will would be inope rative. An offer of compromise was made to me by the heir-at-law. I went to the Stafford Assizes in March, 1856. The trial commenced on Satur day, the 15th of March. I was examined as a wit ness. I was under examination three hours and a half. I was cross-examined by Sir Alexander Cockburn. I was asked whether Mr. Swinfen, my father-in-law, had ever fondled me. There were five witnesses examined that day, but none of the attesting witnesses were examined. At the ad journment of the Court for the day, the Judge asked Sir Frederick Thesiger what timele expected the expected the case to last. Sir F. Thesiger said he expected to conclude on Monday. Afterwards went over to the Swan with Sir Henry Durrant, and fetched by Mr. Cole and asked to go to Sir F. Thesiger's chambers. I went there ; Mr. Simpson was not there. Sir F. Thesiger advised me to accept a compromise. I said I would not do so, as I thought it better the case should go to the jury. He said he had received an inti mation from the Attorney-General with an offer of £l,OOO a-year in addition to the mansion. I replied I objected to any compromise, as I wished the case to go to the jury and uphold the will. Sir F. Thesiger said he had received infor mation from a high quarter, and it would be better to accept something from the wreck, as the case was likely to go against me. I understood him to mean the information came from the judge. I re quested that Sir Henry Durrant should b e sent for, he is my husband's cousin ; he was at the Swan at the time. Sir Henry Durrant came over, and Sir F. Thesiger repeated what he had said to me. Sir Henry Durrant said I had be tter consider a little before I consented. On the Sunday I went to Stafford and saw Mr. Simpson, and never gave him authority . to consent to a com promise. On Monday morning I went with Sir H. Durrant to the Court-house, when Si r F. Thesiger said that he had effected a compromise which he thought was satisfactory. Sir H. Durrant asked by whose authority, and Sir F. Thesiger said by mine. I deny that I gave any authority for the compromise. After the compromise two of the tenants refused to pay their rent, £l,OOO a year. The whole rental was £1,700 a-year. There was £3OO a-year to be added for the hall. After the compromise I was subjected to various proceedings as to the attach ment in the Common Pleas and in Chancery. I paid my attorney- £5OO. The Lord Chief Baron said—Mrs. Swinfen, I hope you will not be detained so long in this court as you have been in others. Cross-examined by Sir F. Kelly--The only q uestion on the trial was, wheth er my father-in law was capable of making a will. On the 15th of March I was examined with Mrs. Rowley and Mr. Meesham ; a Mr. Reed was also examined. On Mrs. Rowley's cross-examination by the then At torney-General, Sir A. Cockburn, she admitted she had written a letter in which she stated her opinion that old Mr. Swinf en „ was, from the loss of his son, incapable of knowing what he was about. The witness admitted that the letter had been read to her by Mrs. Rowley, and witness said that will do. In the examination in chief, she had stated that old Mr. Swinfen was conscious to the time of his death. The Chief Baron—How old was Mr. Swinfen ? Witness —Eighty-one. Sir F. Kelly—Did not Mrs. Meesham say she had stated that Mr. Swinfen did not know that his son was dead, but believed it was you ? Witness—She did. Sir Fitzroy Kelly proceeded with the cross examination as to what the plaintiff had stated in her evidence at the second trial, as to Mrs. Taylor stating that Mrs. Francis William Swinfen had sent a message desiring to see Mr. Swinfen, and that she brought down a message that Mr. Swin fen refused to see her. Mr. and Mrs. Charles Swinfen were in the house from June up to the 23d of July, and Mrs. Charles Swinfen was in the room when the message was brought down. With regard to Mr. Simpson, the witness stated she bad no communication between . the Saturday and the Monday morning with him, and gave him no authority to consent to any compromise. Scarcely ever had any conversation with Mr. Simpson. Did send to him-between the 28th of June and her hus band's death. Sir F. Kelly—Did you or did not you and Mr. Charles Swinfen give directions to Mr. Simpson to make inquiries as to a commission of lunacy being issued against old Mr. Swinfen? M rs , Swinfen—l never gave any such directions, or authorised any letter written by him on the ' Esq., Chambers, R. Hepburn, Esq., Mr. D. N. and subject. Mr. F. W. Caldwell, with power to add to their By the Judge—l knew that Mr. Chas. Swinfen number." had some such conversation with Mr. Simpson, but The committee, it was stated, will be happy to I gave no authority on the subject. receive the assistance of gentlemen in order to faci- By Sir F. Kelly—lf the case had gone on, and litate arrangements for forming London into dis- Sir F. Thesiger had not consented to the compro- tricts. mise, Mr. Simpson and Mr. Charles Swinfen would The EDITOR of the Melbourne Argus proposed a have been called as witnesses. They were two of vote of thanks to Lord Elcho for his conduct in the the attesting witnesses to the will. Dr. Rowley chair, which was unanimously agreed to, when the was in attendance on Mr. Swinfen, and Dr. Evans, h proceedings terminated. of Birmingham, was called in ; he is a clever prac titioner. I made no objection to his being called ' in, but gave no authority. Believed that it was done at the request of Dr. Rowley and Mr. Charles Swinfen. Believed that Dr. Evans had given an opinion that Mr. Swinfen was incapable of making a will, as he did not recollect the names of his relations and those who were dead. The witness then positively stated, in answer to ques tions put by Sir F. Kelly, that Sir F. Thesiger had said that he was authorised by the Attorney-Ge neral to offer £l,OOO a-year in addition to the £3OO, and not that he would make such a proposition, and also that he stated that he had heard from high authority that it would be better to effect a com promise. Two of the tenants, the largest of £l,lOO a-year, having refused to pay the rent, the witness had brought actions against them for double rent. Was now in possession of the rents, and in the actions one year's rent had been paid into court. Had made many affidavits in these proceedings, extracts of which were used ; she agreed to their contents. In the last few weeks of Mr. Samuel Swinfen's life a sum of about £7.000 was trans ferred into witness's name, as also a balance at his banker's, paid over to me; that transfer has been disputed by the next of kin, and has been re-trans ferred. BRUTAL MURDER IN HULL. On Sunday afternoon the inhabitants of Black friargate, Hull, and neighbourhood, were startled by a rumour that a most foul murder had been com mitted. The rumour spread with great rapidity through the town, and upon inquiry it was found to be too true. It appears that for some time past a man named John Ryley and his wife, and two children (aged respectively eight and eleven years), have resided in Mariner's •court,Black friargate. They have livektogethermostunhappily, however, and it is only a short time ago since the wife had her husband before the stipendiary magistsate for violently assaulting her. Her face upon that oc casion bore evidence to the brutal treatment that she had. received, and the magistrate considered it such a flagrant case that he committed the husband to one month's imprisonment in the gaol. His term of imprisonment had only just expired, and he had been liberated from prison when he had recourse to his former treatment, and upon this occasion apparently with a firm determination to end the poor woman's existence. On Sunday afternoon, about three o'clock, a female named Mary Thomp son went to Ryley's house for the purpose of getting a saucepan. She knocked at the door, but no one answered her. She then looked in at the window, and not being able to see any one stirring about, she threw it open, when to her dismay she saw Ryley suspended by the neck from the bed. p a immediate alarm was given, and the door burst open, when, to the horror of the parties, Ryley's wife was discovered in bed weltering in her blood, with her throat cut from ear so ear. A surgeon was at once sent for, and Ryley was cut down just as he was beginning to turn black in the face. Under the care of the surgeon Ryley shortly after wards recovered, and he was then conveyed to the station-house. The poor woman's life was quite extinct. The murder appeared to have been com mitted with a dinner-knife, and while the woman was asleep in bed. Ryley was yesterday brought before the stipendiary magistrate, and the case hav ing been proved, the prisoner was committed for trial at the ensuing York Assizes. Re-examined by Mr. Kennedy—The letters re ferred to were in the affidavits, and were read on the second trial. She stated that she was present on the 16th of June and saw Mr. Swinfen. She had been there on the 16th. My husband died on the 15th of June, but I do not know what day old:Mr. Swinfen was told of his son's death. Mrs. Rowley went into the room of Mr. Swinfen on the 23d of June, and that was the first time witness was in the testator's room after her husband's death. When Mrs. Francis arrived it was unknown to witness that the carriage drove up. Before that time I had not known her. Mrs. Charles Swinfen was there. A solicitor came with her. A long conversation took place before Mrs. Francis asked to see Mr. Swinfen. At that time Mr. Swinfen was not in a position to be seen, and she told Mrs. Taylor (the nurse) so. Mrs. Francis was a stranger to witness, and Mrs. Charles was almost a stranger to her. Mr. Simpson was also a stranger to her. First saw him in 1852. Never made any objection to what was done as to the proposed issuing . of a commission of lunacy. Dr. Evans, of Birmingham, was sent for, to say whether ie testator was in a condition to make a will, and he said he was not. The Judge—ls that so ? Witness—lt was so. Re-examination continued—Had not since re ceived the whole of the rents. Had nothing to do with the transfer of the £7,000. It was done by Mr. Charles Swinfen. Had been re-transferred before any bill was filed. At 5 o'clock the further hearing was adjourned • until to-morrow (this day) at 10. SCOTCH VOL UXTEER RIFLE CORPS IN LONDON. Yesterday, at four o'clock p.m., a public meeting, under the auspices of the Highland and Caledonian Societies of London, was held at the Freemasons' Tavern, for the purpose of deciding on the measures to be adopted for the formation of a Scotch Volunteer Rifle Corps in London. Lord Er..cno, M.P., who presided, expressed him self at some length upon the absolute necessity of there being more tangible means of defence than are now possessed by this country, citing the valuable and weighty opinions of Mr. Pitt, who always con tended that the volunteer system, in a permanent form, would be a perpetual source of great national energy. His lordship next replied to the doubts and objections as to the necessity of the present move ment throughout the United Kingdom, and whether the volunteer system can be an efficient means of national defence. He drew the attention of the meeting to the time when this country was threat ened with invasion by Napoleon 1., and his hosts at Boulogne ; but the storm had rolled away in another direction, and this island remained untrod by the foot of a foreign invader. Notwithstanding the formidable fleet which England possessed in 1804 to cope with France, it was the opinion of many gal lant officers of the united service that now the Bri tish fleet was little if at all superior to that of France. As in 1804, danger was now imminent, because, by means of science, the application of steam could afford greater facilities to an invading force. There was no doubt the present French Emperor was our ally ; but it ought to be borne in mind that Napo leon 111., who inaugurated his advent to the throne with the declaration " The Empire is peace," was not complete master of his situation; and hence this country ought never to be liable to the caprice of any Emperor. (Hear, hear, and cheers.) With the pro vinces of Venice and Lombardy at his feet, and wild excitement prevailing throughout Germany, not withstanding our policy to work out a strict neu trality, we knew not how soon our national honour, our national safety, aye, our very existence, would compel us to draw the sword. (Loud cheers.) Was this country prepared to maintain its defence or were the national 'defences as they ought to be ? Without going into figures, his lordship showed that the British army mostly now consisted of young men who had been hastily recruited and drilled in order to fill up the gaps that had been made by disease and the sword in India. The yeomanry corps of the rural districts were excellent in their way ; but they were merely supports to the civil power. The police ought to be trained to the use of arms. (Hear, hear.) The navy was the first line of our national defence, and he always looked with pride to the wooden walls of old Eng land ; but were they prepartd to meet the combined fleets of France,Russia, and Sardinia? He looked for one of the great means of national defence, on any great e mergency, upon the patriotic bearing of the general body of the people. His lordship, after having entered into details relative to the organisa tion of volunteer s alyreoatwoulderchmm byy c r, o o taal r ecun p nend s dt , teth repelled the objection that diminish Corps showed, r w p whose withois tne London, position strength respect thatitno. oti the such t pw h r oeo would lrodes corpsge o u d n 1 prevented them from joining the army, navy, or the militia. He was perfectly sanguine as to the success of the Scottish Bri ga d e in Lodon, for he was con fident, when the cause was thoroughly understood and appreciated, that it would swell from the num bers and proportions of a mere corps into the man.- nitude and efficiency of a brigade. (Cheers.) He next adverted to the Government offer of supplying 25 per cent. of arms to each corps for purposes of drill. As to uniform or dress, he would not favour the Celtic garb, as had been recommended in cer tain localities because it enabled one to shoot over the heather in the shooting season, but recom mended the Austrian grey uniform, the trousers being made in the wide breeches fashion of anlEng lish peasant. With respect to practice of aim with the rifle, his lordship thought that steadiness could be easily acquired by firing with a simple " cap" at a lighted candle. This simple mode would go far to remove objections as to procuring certain distances of range in the open air. His lordship concluded by impressing upon Scotchmen in London not to lull themselves into. fancied security, but to rally round each other, as was the general impulse of the civilians of this country ; and that, by so doing, they would contribute to:render secure the homes of their fellow -countrymen, and make England able, as in bygone years, to stand against the world in arms. (Loud cheers.) Sir H. MAXWELL, Bart., made a stirring speech in proposing the following resolution :—" That since the present condition of affairs on the Conti nent of Europe may lead to complications that will render it impossible for Great Britain, with due regard to her material interest and high sta tion among the nations, to maintain a position of strict neutrality, it is expedient that Scotchmen resident in and in the neighbourhood of London be invited to participate in strengthening the defen sive resources of the country, by forming a volun teer rifle corps, to be designated, " The London Scotch Volunteers." Sir C. FORBES, Barr., seconded the motion in a speech replete with the necessity of there being a thorough Scotch movement in the metropolis. The motion was unanimously adopted. On the motion of Sir C. FORBES, seconded by COSMO GORDON, Esq., of Fyvie, it was unanimously resolved---" That for the purpose of moee effectually carrying out the object contemplated by the fore going resolution, a subscription list be originated to furnish arms and accoutrements, to be supplied to such volunteers as may be unable to defray the necessary outlay from their own funds. as well as for meeting the general expenses of the corps." It was next resolved, on the motion of Sir Wm. FORBEs, Bart., sec3nded. by DUNCAN FORBES MITCHELL, Esq., of Thainston, " That a committee be appointed to carry out the preceding resolutions, and that the following gentlemen be requested to act on the occasion, viz. :—The Right Hon: Lord Elcho ALP., Sir John H. Maxwell, Bart., Sir Chas. 'Forbes, Bart., Sir - William Forbes, Bart., Dr. Halley, Geo. Mackenzie, Esq., Dr. Cormack, Robt. Marshall, Esq., L. Mackinnon, Esq., S. Carlisle, COUNTRY MARKBTB. ROCHESTER—JULY 2. There was a fair supply of wheat to-day, and a small business at the annexed prices :—White wheat, from 48; Od to 54s Od ; red, 46s Od to 52s per 36 st.; beans, 44s 0 41 to 46s Od per 38 st. ; barley, 30s to 43s Od per qr. ; oats, 240 to 30s per 24 stone. COLCHESTER—JULY 2. There was a limited quantity of wheat on offer, but WI must quote a decline on previous rates, with a very dull trade. Beans and peas had a slow sale, but no change In price from last week. Barley the same as last week. Oato in moderate demand, and tending downwards. Wheat, white 46s to 508 Beans, Mazagan..3Bs to 400 I red 44s to 48s Middle & small 42s to 44 0 Barley 2Bs to 36s White peas 42s to 4 4 i Oats ..24s to 32s I Grey.. 42s to 440 STAMFORD—JULY 2. There was a fair show of wheat from the farmers, with an inactive trade, at is to 2s per qr. advance. The trade itt barley was lo* at last week's rates. Beans were in limited supply, but a firm trade. Oats were unaltered in value. Wheat .48s to 50s Oats . 24s to 32g White do .50s to 54s Beans Ms to 5 44 Barley .28s to 32s Peas ....—s to --'4 KIRKA_LDY—JULY 2. We had very good supplies to-day of all kinds of grain. Sales dull. Oats and barley were at about the prices of last week ; wheat is per qr. lower ; oats 6d. down. Wheat (N). Barley (N). Oats (N). First.... 448 Oct 29s 6d 22s Oct Second.. 50s Od 34s Od 28s Od Third .. 53s Oct —s Od 23s Od Wheat (0). Barley (0). Oats (0). First.... —s Oct —s Od —s Od Second.. —s Od —s Oct —s Oct Third .. —s Oct —s Od —s dO COAL MARE (Prices of Coal per Ton at :ET—JVLY 4. the close of the market.) Walls End. s. d. Montague Garesfield l3 6 Earsden Hartley 14 6 Tanfield Moor 13 6 Tanfield Moor Butes l3 6 Hastings Hartley l5 3 Ward's West Hartley l4 6 Walker Primrose 14 0 Wylam Lambert's West Hart- s. a„. Whit wor th 16 u,, Hetton l7 Kelloe l6 7 Thornley 15 0 Gosforth ' l5 3 Binehester Haswell . . l7 6 Eden Main . 16 . t * Braddyll's Hett0n.....1 6 Shincliffe 15 3 Benson To u Hetton Lyons Main 1 6 3 Heugh Hall l b 0 Nixon's Duffryn 21 6 Powell' sDuffryn Steam 21 :et, 112—Sold, 82. ley 15 0 Haswell Gas. 14 0 Clark'sWestHartley 1.5 0 Walls End. Hartlepool. l7 0 South Hartlepool. 16 0 Ships at mark, LOCAL SHARE MARKETS. LIVERPOOL-jULY 4. There was a good business done in this market to -day' and prices a little higher. Leeds Northern, 441 451- - " North British, 55 51—Great Western of Canada, 14 15. - Sheffields, 361 4—Caledonians, 801—Lancashire and York' shire, 931—London. and North-Westerns, 91i 92—Dutch Rhenish, 6a a dis.—East Lancashire, 91 92—Berwick* 881—Midlands, 1001 —Chester and Holyheads, 48 49" Eastern Counties, lla I—Grand Trunk of Canada, 81 11 . Great Western, 55f 56—Blackburns, 111 I—Dovers, 201 Birkenheads, 73i 74. BIRMINGHAM—JULY 4. The market was quiet this morning, with little doing! Great Westerns, 55 --North Staffords, £lO 16s. Birmingham Waggon Co. shares, 11 pm—Birmingham Ca' nals, 92 3—StourValley Guaranteed shares, 52 4. The Alma steamer, belonging to the Peninsular and Oriental Company, which has bees wrecked on her voyage from Calcutta, was a new vessel of 2,164 tons, and her loss will fall on the company, who are their own 1 11- surerc Sl° is believed to have had rather a large quantiff of silk in her cargo, but if this is speedily recovered an treated in a proper manner it may still be worth 75 per cent. of its original value. [ADVERTISEMENT.] —DU Barry's delicious Reveal s , Arabica Food saves 50 times its cost in other remedies, and cures indigestion (dyspepsia), habitual constipation, ner" vousness, biliousness, and liver complaints, flatulency, *Vs' tension, acidity, heartburn, palpitation, nervous headaches , hysteria, neuralgia, noises in'the head and ears, pains la the pit of the stomach and between the shoulders , ery si P e " las, eruptions of the skin, impurities and poverty of the blood, scrofula, cough, asthma, consumption, dropsy, Alen' matism, gout ; nausea and sickness during pregnancy, aftear eating, or at sea ; low spirits, spasms, cramps, epl" leptic fits, spleen,' general debility. inquietude,. sleeplessness, irritability, paralysis, tremors, dislike to society, unfitness for study, loss of memory, de lusions, verti g o, blood to the head, exhaustion, me l anc holy, groundless fear, indecision , wretchedness. It is, moreover, the best food for infants and invalids generally, as it never turns acid on the weakest stomach, nor interferes with a good liberal diet, but imports a healthy relish for lunch an d dinner, and restores the faculty of digestion, and ner vous and muscular energy to the most enfeebled . Packed with full instructions, in canisters, lib., 2s. 9d. ; 21b., 4s. 6d. ; 1211)., 225. Super refined quality, 101 b., Vs. Also Du Barry's Revalenta Arabica Chocolate Powder, contains the greatest amount of easily assimilated nourish' ment for strengthening delicate persons, children and hi' fants of weak stomach, chest, or nerves, and at 3d. pe r meal, affords a delicio us breakfast, lunch, or supper. It is the best dietetic homeopathic preparation, and m ay be eaten either alon e or mixed with Du Barry's Revalente Arabica Food. Admirably adapted to rear infants with. In tins, at ls. 6d. ; 11b., 3s. ; 21b., ss. 9d. ; 51b., 125.; 121 b., 265. The 101 b. and 121 b. tins carriage free, on receipt of post' office order. Du Barry and Co., 77, Regent-street, London. Fortnum, Mason, : and Co., 182, Piccadilly ; Abbis, 60, Gracechurch-street Cheapside 63, and 150, Oxford' street ; 330 and 451, Strand ; 49 and 60, Bishopsga te. street ; 85, Tottenham-court-road. Also at Dublin, Bewley and Drapor ; at Edinburgh, Raimes and Co.; at Liverpool, Nixon. and Thew; at Manchester, Sharp ana Scott ; at York, R aimes, Blanchard, and Co. ; at South' ampton, Randall ass d Son. BIRTHS. BECRIL—On the 4th inst., the wife of E. Beckh, Esq., of Denmark-hill, Camberwell, of a daughter. COLLIE.--On the .id inst., at Sydenham, the wife of Thos. Collis, Esq., of n son. MARGETSON.—On the 2d inst., at Streatham, Mrs. John S. Margetson, of a son. LIDDELL.—On tboe Ist inst., at the ea Dnery, Christ Church, Oxford, Mrs. Liddell,2f_s: MARRIAGES. BIGGS—ANsTo.--On the 30th ult., at Regent -square pis trict Church, R... W. Biggs, LL.D., of Devizes, to Marl Ann, the daughter of the late J. 0. Anstie, Esq., of De- vizes. Fox —DRAKE.— On the 2d inst., at the parish church, Hove, Caroline Charlotte Fox of Medina Hall, Clifton.- v ill e , Brighton, to George Drake,i of Camden town. DEATHS, ALLEN.—On the Ist inst., at Coleridge House, Devon, M. Allen, Lieutenant 91st Regt., aged 19. COOPER. —On the 30th ult., at the Rectory, Ludford, Lin colnshire, the Rev. E. A. Cooper, aged 31. DUNBAR.—On the 3d inst., at 4, Gresham-place, Dalston, William Dunbar, Esq., of the firm of C/eghorn and Dun- bar, Billiter-stret3t, aged 62. ---- HAWES.—On the !ist inst., Mr. Wm. Hawes, of Hanover street, aged 51. HoLT.—On the 27th ult. / at Nice, Juliana, wife of Rear- Admiral Holt. HrrencocK.—On. the 3d inst., Mr. Hitchcock, ofßartlett's buildings, Holborn, aged 62. LONDON : Printed and Published by MURDO YOUNG, of No. 112, Strand, Printer, at The Su* Office, No. 112, Strand, in the Precinct of the Savoy, in the county of bliddlesez, Tuesday, July 5, 1859. 4 IVE Enter " TI warde teen 5. CE noon gram New ; 35.; I may Bond, DAY C' the ` C '. GRA FRII May-] molt' nett& 10—S Fire Crysl wet CF It( Lond FAM Littl4 at 3 even' that Lead a-plf artis Bug Man ten Balt Roos 31 Lect born SYI and lily Cun and The Tw( the dud AN du w Peri stall squl sho foo( Beal led. flea'