The Sun. — London, England, 1858-12-04 00:00:00

LAW INTELLIGENCE. Dec. 3. COURT OF QUEEN'S BENCH. Sittings at Nisi Prins at Westminister.---(Before Lord Campbell and Special Juries.) SKAIFE V. DAIIKES.-COLNEY-HATCH ASYLUM. The trial of this action, which was brought by the representative of the justices of Middlesex against the defendant, Mr. Daukes, who is an architect, for alleged breach of contract in the course of superintending 'the erection of the Colney-hatch Asylum for lunatics, was resumed at the sitting of the court to-day. Mr. Daukes, the defendant, was cross-examined by Mr. Atherton at considerable length, but with out eliciting any matter to shake his examination in chief. The next witness called was Mr. Myers, the builder of the asylum, whose evidence in the main corroborated the defendant's testimony. When Mr. Myers' examination had concluded, Mr. Atherton, who appeared for the plaintiff, rose and said, that as the justices thought that the case had been answered by the defendant, it was their intention not to proceed further with the action, and therefore they would consent to a ver dict being entered for the defendant. Lord Campbell—The case has been most properly conducted from first to last by the counsel for both sides. I think no discredit ought to attach to the magistrates for the county of Middlesex in institut ing this inquiry, but I think it has resulted in an entire exculpation of Mr. Daukes from all the im putations which have been alleged against him. The magistrates have been misled, not by any bad professional advice as far as the law is concerned, but the advice of-rival architects. We have heard a great deal of odium medicum and of odium theo logicum. I think architectural odium seems to be greater than either. We have had a number of wit nesses on the part of the plaintiff, who evidently were rivals of Mr. Daukes, and I think they made a very ungenerous and unjust attempt to under mine his reputation. lam very glad that this has undergone a public inquiry, and the result is most satisfactory and most creditable to Mr, Daukes, and I think that the magistrates are absolved from all blame in the course which they have adopted. The Attorney-General—The great object of Mr. Daukes was to 'vindicate and maintain the cha racter he has always borne. He is perfectly satis fied with what has fallen from your lordship ? Will your lordship certify for a special jury ? Lord Campbell—Yes. Lord Campbell—l am requested by the jury to say that they heartily concur in the opinion I ex pressed with respect to the result of this inquiry in favour of Mr. Daukes. The announcement of Mr. Atherton and the observations of the learned judge were received by the spectators in the court with some applause. TITMAS V. WINDSOR.--SEDUCTION. This action was brought by the plaintiff to re cover damages for the seduction of his daughter by the defendant. Mr. Huddleston and Mr. Giffard were for the plaintiff; and Mr. M. Smith, Mr. Karslake, and Mr. Buller for the defendant. _ _ From the opening statement of Mr. Huddleston, it appeared that the plaintiff, Mr. Titmas, was a man in humble life, in the service of the North Western Railway Company, and living at Camden town, and that the defendant, Mr. Frederick Windsor, was a gentleman of independent fortune aged forty, residing with his mother at West Cliff, near Pegwell Bay. The plaintiff's daughter, Maria Titmas, represented as near seventeen years of age, went to live with the defendant's mother as housemaid, and while in that capacity the defen dant, under the promise of marriage, seduced her. On discovering that she was enceinte, she returned to the house of her parents, where in due course • she gave birth to a child. Sub sequently. the connection was renewed, and she be came again in the family way, but the second child did not survive. During the whole of thisperiod the de fendant continued to write to her in the most affectionate terms, expressing for her always the greatest attachment and fondness. After stating the above facts the learned counsel read some of the defendant's letters. In one the defendant en closed £5, and in another he gave permission to the plaintiff's 'daughter to call the child " Frede rick," after himself, and expressed his entire con fidence in her fidelity towards him. At this stage of the proceedings, Lord Campbell said he thought from the tenor of the letters that it might be possible for the parties to come to some arrangement which would obviate a very painful investigation in a public court. Acting upon his lordship's suggestion the parties left the court to discuss the matter, and on their return, Mr. M. Smith intimated that they had agreed to withdraw a juror. This was accordingly done. It was understood in the court that defendant had agreed to pay a sum of X3OO. COURT OF COMMON PLEAS. Sittings at Nisi Prius in Middlesex.—(Before Lord Chief Justice Cockburn and a Common Jury.) BRETT V. PHILLIPS.-DISMISSAL OF A SHOPMAN. This was an action to recover damages in conse quence of the plaintiff having been improperly dis missed from the service of the defendant, and there was also a count for. slander. Mr. Ribton appeared for the plaintiff; and Mr. Sergeant Petersdorff and Mr. Yates for the defen dant. The plaintiff had been for four years in the service of Mr. Carlin, a tobacconist, of Regent street, and. afterwards for two years had been shop man to Mr. Martin, who earned on the same kind of business in Ludgate-street. In December, 1857, Mr. Martin sold the business to the defendant, and on the 11th of that month it was agreed that the plaintiff should be his shopman at a salary of £lOO a year. The engagement, which was verbal, was to be for • one year certain, to commence on the 21st Dec., and was afterwards to be determinablo by three months' notice. The two quarters' salary , due in March and June were paid, and no complaint was made until Monday, the 13th Sept. On that day the plaintiff was called into the back room, where he found Mr. Mayhew, the defendant's solicitor. Mr. Mayhew said he had been informed by the defendant that plaintiff had been robbing him to a very great extent. Plaintiff said he did not know what he meant, and asked for an explanation. Mr. Mayhew said, " How about the five dozen and nine cigars ?" Plaintiff still said he did not know what he meant, and the errand boy was then called in ; and he said he had heard the plaintiff tell his brother that he had got off on the Wednesday even ing with five dozen and nine. The boy also said that he had taken for the plaintiff a parcel which felt soft, as though it had tobacco in it. The parcel was directed to the plaintiff's wife, who kept a cigar-shop in Clerkenwell. Plaintiff explained that the parcel contained an old coat, some aprons, some tea and some small sashes. The real conversation plaintiff had with his brother was in reference to some meerschaum washed pipes, which the brother had sold to the defendant. Plaintiff told his brother that he had sold from three to four dozen before nine on Saturday. There was nothing said about five dozen and nine. Mr. Mayhew asked plaintiff to confess, saying if he did, that defendant would let him off. Plaintiff said he had nothing to con fess, and he would not confess to what he had not done for any man. The defendant said he had a detective outside and that he would give plaintiff into custody, and then send and arrest his wife and his brother. Ultimately the plaintiff was told by Mr. Mayhew that he had better go. The plaintiff said, " How about the quarter's salary ?" but get ting no answer, he left. Mr. Sergeant Petersdorff submitted that the engagment being for more than a year was not valid unless in writing ; and that as to the count for slander there was no evidence. The slander alleged in the declaration was the following :—" He took away with him on Wednesday night five • dozen and nine cigars, which he divided into two Packages, and put one of them into each pocket." There w as no evidence of the defendant having said anythi ng of the kind. His lordship thought that the plaintiff could not • recover on these counts, but said that there was a count for wages for that portion of time that elapsed between June and the 13th September, when the plaintiff was dismissed. After a good deal of discussion as to the various issues, it was decided to lay evidence before the jury upon the count for wages between June and September. • The defendant was then called. He said that plaintiff, had a wife, he after Mr. Mayhew had spoken to the pla he n o t begged to be allowed to go.. sa id and he should be rieufnenedd,aenvte said d f the that chargebefore was not substantiated. Defendant he would consent to mercy plaintiff must show 'contrition. He admitted he had taken away cigars for his own smoking ; as many as half a dozen at one time. He said he thought witness allowed that, as he allowed smoking i n the shop. Five or six days after plaintiff left, witness took stock and found a deficiency—taking selling prices—of £2lO. Samuel Tosland said he was errand boy to the defendant. Before his master came to live on the premises in Ludgate-street, witness had seen per sons waiting outside the shop. They came in after the plaintiff left. The plaintiff used to hand them cigars, and they stopped in the shop and smoked them. Sometimes he would give them parcels, which they would take away. Sometimes the parcels would be given two or three times a week. After the defendant came to live on the premise 4 they would come and look in at the door and then go away. He had seen the plaintiff take money out of the till and put it into his pocket. He did not put any money into the till in lieu of it. Wit ness used to fetch him luncheons nearly every morning. The plaintiff got the money out of the till. Sometimes he took it out of his pocket. Wit ness had seen the plaintiff make up small parcels of cigars and put them into a drawer. He used to put them into his pocket at night. This occurred some times twice a week. Persons would come outside the shop and whistle, and then plaintiff would give them a parcel and say, " Be off as quick as you can." This occurred very often, but it did not happen after the defendant went to reside on the premises. Witness had seen plaintiff weigh half-a-pound of snuff, do it up, and put it into his pocket. The parcel witness took to the Parcels' Company's re ceiving-house in St. Paul's-churchyard looked like alO lb. parcel of tobacco. Witness had missed a 10 lb. parcel of tobacco, and said to the plaintiff, " The tobacco has gone very quick this week." Plaintiff said, " Yes." Witness told his father what he had seen, and by his direction told the de fendant. One evening witness saw plaintiff put f c up two parcels oigars, about six dozen. He put them into a drawer, and at night into his pocket. On Monday morning, when the plaintiff's brother came, he said, " Go up stairs and see if there is anything to be done in the house." Witness went and came back again by way of the private en trance in at the shop-door. A s h e wen t i n h e heard plaintiff say to his brother, " I got off n i ce ly last Wednesday night with five dozen and nine." Mr. Mayhew stated at length what had occurred when he saw the plaintiff. Among other things he asked what the parcel sent by the Delivery Com pany contained ? Pl a i n tiff sa id, " 11b. o f t ea ." Witness said, " How can that be, when you paid 6d. with it." Plaintiff said he had forgotten that there was also a coat. Witness asked him how he came to senditto St. Paul's-churchyard, when the defend ant's own shop was a parcels receiving-house for the company. Plaintiff said all the parcels had left the shop, and he was desirous that his wife should have the parcel by a certain time. Witness reminded him that the parcels had not then left the defendant's shop. Afterwards the plaintiff said, " It is quite evi dent after these suspicion Mr. Phillips and myself cannot remain together, and I had better go." Wit ness told him defendant was determined to prosecute him, and had sent for a detective officer to give him in charge. Witness interceded at the plaintiff's request and at witness's intercession the defendant agreed to let the plaintiff go. The plaintiff then asked if he would give him a character. Witness said he could not ask the defendant to do so. ['His lordship, in summing up, impressed upon the jury that the case before them was one of con siderable importance, and was well worthy of their serious consideration. His lordship then detailed the circumstances of the case, and left it to the jury to consider first, whether they were of opinion that the plaintiff had dismissed himself ; and if not, secondly, whether the plaintiff had been guilty of acts of dishonesty that justified the defendant in dismissing him. The jury found that the plaintiff had not dis missed himself, and they stated that they did not place reliance on the boy's statement. A verdict was accordingly entered for the plaix tiff for £2O 16s. 6d., but leave was given to the .de fendant to move the full court upon certain ques tions of law. COURT OF PROBATE AND DIVORCE. (Before the Judge Ordinary.) COOPER AND SPARKS V. MOSS AND MOSS. In this case the defendants had disputed the validity of a will, by which the testator, Mr. Hill, late of Derby, had left a considerable portion of his property to local charities and dissenting chapels. The defendants alleged that the instrument had been procured through the undue influence of Mr. Gawthorne, who was formerly the minister of the chapels benefited. Mr. Collier, Q.C., contended that the costs of the next of kin might be paid out of the estate. Sir C. Cresswell thought that as a general rule, the costs ought to follow the result of the case, and he should therefore decree probate of the will, con demning Mr. and Miss Moss in the costs. ALLEN V. ALLEN AND DARCY.—ALIMONY. Alimony, pendente lite, at the rate of £250 per annum, was allotted to the wife, the income of the husband, an army clothier, being taken at £1,25 0,1 VICARS V. VICARS.—INCEST. This was a petition brought by a wife against her husband, on the ground of his desertion of her, and of his cohabitation with an illegitimate daugh ter. The respondent denied both charges. Dr. Addams, Q.C., and Mr. Jones appeared for i the wife ; Dr. Swabey for the respondent. The respondent was the son of a person who many years ago carried on the business of a cotton. spinner at Bolton-le-Moors. The respondent, who acted as his book-keeper, formed an intimacy with Agnes Leach, who worked in a factory at West Leigh. This girl, becoming pregnant, went in 1831 to Chorley to be confined, after which the re spondent fetched her back, had the child named Mary Ann after his sister, and adopted her as his own. In 1837 the respondent married his present wife, a widow named Naomi Westwell, with whom he had been lodging. Shortly afterwards he took his illegitimate daughter into his house, and when she grew old enough he apprenticed her to a mil liner. Afterwards he left his wife and took a house, first at Southport, and then in Edge-lane, West Derby, Liverpool ; at both of which places his daughter went to live with him. The evidence of the incest was furnished by a number of servants, who spoke to finding Miss Vicars' room unoccupied, to seeing her in her father's room, and to observing traces of two persons having slept in the respon dent's bed. In 1853 Miss Vicars was confined of an illegitimate child, which was baptised at St. Peter's church. Mr. Vicars was one of the god fathers ; and the child was named Frederick Robins Leach. It died in 1854. In 1855 another child, a daughter who still survived, was born, to which th e respondent also acted as sponsor. - A third child was born in the following year, and two of the wit nesses declared that they let the service of the respondent on account of his peculiar connection with his daugh ter. There was no evidence of wilful desertion, the parties having apparently separated by mutual consent. Dr. Swabey contended that the evidence of iden tity was not sufficient. There was in reality no thing in the facts proved before the court from which to infer that the persons whom the servants represented as cohabiting together were those who were now charged with the horrible crime imputed to the respondent and his natural daughter. The jury, by his lordship's direction, acquitted the respondent of desertion; but they found, with out hesitation, that he had been guilty of the inces tuous adultery with which he stood charged. COULTHART v. COULTIIART AND GOUTIIWAITE. In this case the wife had not put in any answer to the charge of adultery, but the co-respondent pleaded certain matters tending to show connivance. Mr. E. James, Q.C., and Dr. Swabey appeared for the petitioner ; Dr. Spinks for the co-respon dent. No evidence being adduced in support of the co respondent's allegations, they were at once nega tived by the jury. TISDELL V. TISDELL—ADULTERY. The petitioner, Mrs. Eleanor Tisdell, sought a judicial separation from her husband Mark Antony on the ground of adultery. Mr. Sergeant Parry and Mr. Thompson were counsel for the petitioner; the respondent appeared in person. The marriage took place at Milford, in South Wales, on the Bth of December, 1842, and there were three children born of the union, the eldest being a boy about 14 years of age, a daughter about three, and another daughter who had died. The respondent, who was a clerk in the shipping trade, cohabited with his wife in various places, but she left him on more than one occasion, on account, as she alleged, of his misconduct. She finally quitted him on the Bth of July last, having dis covered that he had an intrigue with a person named Mary Ann James. Witnesses were called to show that the alleged paramours had lived toge ther in Drummond-street, Sidney-street, and War rington-street, Somers-town. The respondent then addressed the jury at some length, contending that his wife had condoned everything up to the Bth of July, when they were living together. His avocations about that time kept him away from home for two or three days, and on his return he found that she had deserted him. The learned judge said the jury had nothing to do with any question of condonation, the respon dent having put no such plea on record, and raised no such issue. They had simply to say whether he had or had not committed adultery with a person named James. The jury found this issue in the affirmative. INSOLVENT DEBTORS COURT. (Before the Chi e f C omm i ss i oner .) IN RE GEORGE JAMES PHILLIPS—BREACH OF PROMISE OF MARRIAGE. This ins o l vent, a' shell fishmonger, whose case was before reportedo,sea sp f e o a r red to receive judgment, . e t Macrae Eu s ; op an p d Mr. S ir i t a a supported.woman, named Harriett Harriett Ellis, after the a-riage with a widow, brought an action agaiilitstahni for breach of promise of marriage, and obtained a verdict, with £75 damages, which, with the costs £lOO. The case stood over to see whether any. er any. thing could .be done for the young w oman . Mr. Macrae informed the learned Commissioner ,sg.yiedn g, THE SUN, LONDON, SATURDAY EVENING, DECEMBER 4, 1858. that nothing had been done, and therefore prayed the judgment of the court. The court gave a judgment of eight calendar months from the vesting order on Sept. 13, at the suit of Harriett Ellis, for the damages awarded in the action of breach of promise of marriage. IN RE BENJAMIN ISAACS, OTHERWISE " CHARLES SINCLAIR." This insolvent, described as an " illusionist and ventriloquist," applied under the Protection Act. Mr. Reed supported. There was no opposition. The insolvent had travelled about, and his income had been inadequate to meet his expenses. A day was named for the final order, and in the interim the broker of the court was to value the conjuring apparatus of the insolvent. (Before Mr. Commissioner Murphy.) IN RE SIR WILLIAM MAGNAY, BART. The case of Sir Wm. Mao-nay, the late alderman for the city of London, which was reported oil the 10th ult., again came on. Sir William now applied for his final order. Mr. Reed appeared for the Rev. Mr. North, on the question of assigneeship. Mr. Sargood sup ported. Mr. Dowse, who had appeared for Mr. George Magnay on the former occasion, appeared after the case had commenced. Mr. Reed said he had no further opposition against Sir William, but had to apply that the Rev. Mr. North, who was trustee of one of the sis ter's family, might be appointed assignee, or that the assigneeship might remain in Mr. Sturgin, the official assignee. Mr. Sargood thought there was no use to appoint an assignee. There had been family matters and suits pending. Mr. Reed said the suits were over. Mr. Sargood said there could be no object to ap point an assignee. The officer of the court asked whether there was any creditor present to nominate an assignee. It appeared that no creditor was present. Mr. Commissioner Murphy said he was not dis posed to take the case out of the official assignee's hand. He could do all that might be required. Before the discussion arose on the question of assigneeship Mr. Sargood wished to correct a state ment which had gone forth that Mr. Marshall had received £l,OOO, when it should be that 1,000 shares had been obtained. Mr. Dowse said he had to apply that Mr. G. Magnay, the insolvent's brother, might be inserted as a creditor for £3,000 for loans advanced. Mr. Sargood objected, as Sir William had filed a bill in Chancery against his brother, and any state ment inserted in the schedule might be used against him. Mr. Dowse said Mr. G. Magnay was very ill or he would have attended to prove the debt. Mr. Douglas, a house agent of Belgravia, claimed a debt for a rea dy-furnished; house. Mr. Commissioner Murphy, after a long discus sion, told Mr. Douglas he could sue the moment afterwards if he had any claim which was after the vesting order in the case. Towards the close of the case Mr. Geo. Magnay came into court. He appeared very ill. He was sworn and stated that Sir William owed him £3,000 as a balance of £7,000. Mr. Sargood said after that statement the claim would be inserted in Sir William's schedule. Mr. G. Magnay became very ill, and was with difficulty taken out of court, the learned counsel saying, " It's a melancholy case." The insolvent obtained his final order of protection, and left with his friends. ASSIZE INTELLIGENCE. HOME CIRCUIT.—CHELMSFORD, Dec. 3. The business for the county of Essex was brought to a conclusion by Mr. Justice Wightman yesterday evening. John Taylor, a respectable-looking young man, was indicted for the manslaughter of Jos. Dawson. Mr. Bushby prosecuted ; Mr. Taylor defended the prisoner. It appeared that on the 10th Sept, the prisoner, the deceased, and several other young men were at a public-house in West Tilbury, and the deceased and the prisoner began sparring together in play ; but at length they got in earnest, and some sharp blows were exchanged, and the deceased took off his coat and waistcoat and insisted upon having a regular fight. The prisoner, it appeared, did not wish to fight ; but the deceased insisted that he should do so, and at length some more blows were exchanged, and in the course of the scuffle the de ceased fell to the ground insensible, and he was picked up and expired shortly afterwards. All the witnesses concurred in stating that the fight was forced upon the prisoner by the deceased, and there was no evidence to show that the fall was occasioned by a blow given by the prisoner. The surgeon who was called in also stated that, although the death was occasioned by a rupture of one of the blood vessels of the brain, still this event, he said, was equally attributable to a fall as to a blow. Mr. Tayler, at the close of the case for the pro secution, submitted that there was nothing to go to the jury against the prisoner. Even supposing, he said, the jury should be of opinion that a blow given by the prisoner was the cause of death, he submitted that as the deceased was clearly the ag gressor, the prisoner . was justified in protecting himself, and all that he did wits merely in self defence, Mr. Justice Wightman said that undoubtedly before the jury would be justified in convicting the prisoner they must be satisfied that by some blow or act of his he had occasioned the death of the deceased, and the jury would not in such a case as this criticise the conduct of a prisoner too harshly. The struggle appeared to have been conducted fairly between the parties, and the de ceased had evidently forced the affair upon the pri soner, and under these circumstances, even if the jury should be of opinion that the blow struck by the prisoner wa's the cause of death, still, if they should think he struck that blow to protect himself and did not use any more violence than was neces sary to effect that object, they ought not to con vict him of manslaughter. The jury immediately returned a verdict of not guilty. Robert Maynard, 42, was charged with stealing 381 b. of lead, the property of her Majesty's Princi pal Secretary of State for War. Mr. I. F. grnith conducted the prosecution. The prisoner, it appeared, was employed as plumber's labourer upon the Government works at Waltham-cress, and he was stopped by a policeman carrying a bag, which, on being opened, was found to contain a quantity of lead that had been taken from the works. He was found guilty, and, as it appeared that he had beeii in gaol already for three months, the learned judge only sentenced him to undergo a further imprisonment of a fortnight. The commission for the coanty of Kent will be opened.on Monday next, at Maidstone. the 10th of September last, and stealing Bs. from the person of a pitman named Walker. Mr. Seymour prosecuted, and Mr. Price defended the prisoner. _ It appeared that the prisoner and the prosecutor, with others had been drinking at the Blaydon Hotel, at WTinlaton, on the night of the 10th of September last. The prisoner left the house, or was turned out, about 11 o'clock at night, and soon after the prosecutor rose and left the house. The prosecutor, by his own account, had 19s. in his pocket at the time. As soon as he got outside he was seized by the neck and thrown down, and his pocket rifled of Bs. of his money by the prisoner, to whom he swore positively. They were struggling together some time, and he called out " Tom Tralear," the name of the landlord's son, to come and help him, and the servant came to the door and saw the two men struggling on the ground. The prisoner was afterwards taken into custody in bed that same night, and only 2s. 21-cl. in money was found upon him, which, for the defence, it was sug gested was the balance of a half-crown he had got in the public-house that night for a "pick" he had "raffled," after deducting 30. for a bottle of ginger beer and some tobacco. It was suggested for the defence that the two men had had a quarrel, and that the prosecutor was worse for liquor, and there was no sufficient proof that he had lost Bs. The jury found the prisoner guilty. Sentence was deferred. Lawrence Crowley, aged 19, was indicted for highway robbery with violence, at Gateshead, on the 6th of November last, and stealing from the person of Robert Bewick - 17 s. 3d. The Hon. A. Liddell prosecuted, and Mr. R. Fowler defended the prisoner. It appeared that the prosecutor is a "puddler" in the employment of Messrs. Hawks and Crawshaw, ironfounders, of Gateshead, and on Saturday, the November last, after receiving his wages, £1 ls. Bd., he walked about Newcastle, and was on his way home, over the high level bridge to Gateshead, when near the foot of that bridge, on the south bank of the river, a man ran out of a gateway,and striking him a blow on the chest, tripped him up. As soon as he fell the man threw himself upon him, and got hold of his neckerchief. The prosecutor, however, succeeded in raising himself on his knees, and throwing the man who assailed him over. That man was the prisoner, whom he had seen several times, and whom he could distinctly see by the light of some coke ovenland a gaslight. Two other men then rushed out of the gateway and kicked him while down. He succeeded, however, in again getting up, when a fourth man from the gateway threw a large stone at him, which struck him on the hip-joint and disabled him. He then called out " Police," and the prisoner said to him, " If you do that again I'll jump your guts out." The prisoner then took 17s. 3d. out of his pocket, still holding him tightly by the neckerchief, and the men all made off. Next day the prosecutor and a police man went to a house in Gateshead, where the pri soner was found with his coat off, with some girls. The prosecutor immediately said, " That's the man.' The policeman then asked him his name, and he said it was " John Thompson." He was then charged with robbing the prosecutor on the South Bank, and he replied he did not know where the South Bank was. Several witnesses were called who knew the prisoner, and who described his dress on that day as the same the prosecutor de scribed it, and one witness met him that night near the bridge soon after the robbery. For the defence it was urged that the identity of the pri soner was not satisfactorily established. His Lordship having summed up, The jury found the prisoner guilty. Sentence was deferred until to-morrow morning. There remains only a charge of cutting and wounding to try, and these assizes are finished. OXFORD CIRCUIT.—STAFFORD, Dec. 3. (Before Mr. Baron Bramwell.) CHARGE OF MURDER. Edward Garbett and Charles Welch was indicted for the wilful murder of John Springthorpe, at Walsall, in August last. Mr. Scotland and Mr. Holroyd prosecuted, and Mr. Motteram and Mr. S. Hill defended. It appeared from the evidence that on the even ing of the 21st August the deceased was at the house of Garbett, and while there lost a watch, which he he inquired about, and imputed to Garbett that he had stolen it. After this the two prisoners went to the deceased's house, and told him to come out, for he " was going to be killed." Springthorpe went out, on which he was set upon by the prisoners and knocked down, and he died from the effect of a severe blow on the throat. His lordship told the jury that the charge of wil ful murder was not sustained by the evidence, and The jury found the prisoners guilty of man slaughter. Sentence, three monthss' imprisonment. WESTERN CIRCUIT.—WINCHESTER, DEC. 3, (Before Mr. Justice Byles.) ARSON. William Russell, a boy 11 years old, was indicted for feloniously setting fire to certain barley, the property of Mr. Wm. Francis Digwood, on the 25th August last. Mr. Yonge prosecuted, and Mr. Cooke defended the prisoner. _ Mr. Rivers, bailiff to Mr. Digwood, said he was at Basingstoke market when news reached him that the farm was on fire. He went home, and found a fire raging, which destroyed 12 wheat ricks, the produce of 56 acres of barley, 34 acres of oats, 12 acres of rye grass, a quantity, of thrashed wheat, five barns, three stables, eowhouses, fowlhouses, pigsties, thrashing machine, a horse, ten pigs, and other property to the value of £5,000. From fur ther evidence, it appeared that the prisoner was seen to come from the barn whilst the harvest men were at their dinner, and though his attention was called to the smoke from the barn, he merely ele vated his whip and went en. When taken into custody, he said he took a match from his uncle Henry's pocket, and struck it against the barn door, and threw it down against a cart wheel, andlighted the barley with it. The facts were not disputed by Mr. Cooke, the prisoner's Counsel, who could only suggest that the act was done inadvertently, and without any malicious' intent, but the learned judge instructed the jury that setting fire, even as a childish freak, and without any malicious intent, was still a crime amenable to the law, or children would be the most dangerous creatures in the world. The boy was found guilty, and sentenced to three months' hard labour in the first place, and then to be confined in the Hampshire Reformatory School for five years. CHESTER CIRCUIT—CHESTER, DEC. 3. (Before Mr. Justice Hill.) RIOT. James Adshead, 22, Luke Berry, 23, Richard Boardman 29, Thomas Higginson, 19, Samuel Hod son, 26, James Howard, 19, Charles Moores, 22, Joseph Needham, 30, Frederick Nixen, 32, Wm. Smith, 28, and Thomas Sutton, 25, ,were charged with riotously assembling with divers others per sons to disturb the public peace, and assaulting John Hopwood, at Dukinfield, on the 19th Nov., 1158. Mr. Beavan (with whom was Mr. W. Foulkes), on behalf of the prosecution said he had an appli cation to make to the court in this case. No con siderable violence had been committed; the cause of the riot was at an end ; and it was proposed that the prisoners should plead guilty to the charge, and enter into their own recognisances to come up when called upon toreceive judgment, He thought such a course would answer the ends of justice, should it meet with:the approbation of his lordship. Mr. M'lntyre, on behalf of some of the prisoners, said since the prisoners had been taken into cus tody an arrangement had been entered into be tween some of the masters and the colliers ; an advance of wages had been granted ; and the men had returned to their work ; the cause of the riot was therefore at an end. lie felt bound to say that if ever there had been a mild riot, the one with which the prisoners were charged was the mildest. Mr. Brandt and Mr. Morgan Lloyd, on behalf of others of the prisoners, concurred in the obser vations made by Mr. M'lntyre. His lordship said, so far as the court was con cerned, he was perfectly content with the arrange ment proposed. lie was bound to say that if any persons appeared in that or any other dock, charged with rioting, if found guilty, they would be visited with a very severe sentence. The prisoners then pleaded to the indictment, were bound over in their own recognistnees to come up to receive judgment when called upon, and were discharged. POLICE INTELLIGENCE.—Dec. 3. MANSION-HOUSE.—Henry Belcher. clerk in the service of Messrs. Ridgway and Drake, notaries, of 28, Royal Exchange, was _ charged before the Lord Mayor with embezzling the moneys of his employers, under the following circumstances : Mr. A. Ridgway-, one of th prosecutors, said— It was the duty of the prisoner to attend to our ge neral business of conveyancing, in the course of which he would have intercourse with Mr. Able white. He would have known that money was due from that gentleman to the firm, but he had no authority to apply to him for it. I had given him directions not to receive money . on account of the firm. The account produced. is in his handwrit ing, but it was made out without my authority, which was quite contrary to my orders. Mr. E. Ablewhite, a coachmaker,inMount-street, Grosvenorsquare, said--I owed the prosecutors some money for professional oerfict'ff: About 'a month ago the prisoner called upon me, and asked for payment of the prosecutors . account. I paid him £5 155., and he gave me a receipt to the ac count produced. He also gave me a counterpart of a lease, instead of the lease itself. Upon my telling him that I thought this was an error, he said he would rectify it by bringing the lease on a future occasion. I believed he was authorised to receive the £5 15s, otherwise I should not have paid it. Mr. J. Adamthwaite, clerk to the prosecutors, said that on the 31st July last he handed the pri soner £3, to enable him to pay some legacy duty at Somerset-house, in the matter of the executors of a deceased lady. The prisoner gave him the voucher produced for the £3. Mr. J. Brown, examiner of legacy duties at Somerset•house, stated that no warrant had been issued for the receipt of the £3 referred to by the last witness. H. G. Pagden, clerk to Messrs. Webb, provision merchants, Southwark, said—On the 11th of No. vcmber last the prisoner called at our counting house with a power of attorney which had been prepared by the prosecutors for my employers. He also brought the account produced for £4 14s. I drew a cheque for the amount, and handed it to Mr. J. R. Webb, who signed it, and delivered it to prisoner in my presence, who gave a receipt for the same. Mr. A. Ridgway was further examined, and said —The account of Messrs. Webb was made out without my authority. It was expressly contrary to his duty to receive that money on our account. He had no right to receive the £3 referred to by Mr. Adamthwaite, until I had sanctioned the gene• ral residuary account, and it was ready to be passed at Somerset-house, which I had not done. The prisoner, with a great deal of assurance,pro ceeded to cross-examine Mr. Ridgway, but did not elicit anything that told in his favour. The Lord Mayor, after giving the prisoner the usual caution, asked him whether he had anything to say in answer to the charge ? Prisoner—l wish to declare solemnly that I had no intention 'whatever to defraud. The moneys I intended to return. I never intended in any way to retain them. The officer inquired what he was to do with £3 16s. 9d. that he found on the prisoner. The Lord Mayor—The prosecutor will apply to the court at the trial, and will be ordered to be de livered up to him. Robert Maggess, a ticket-of-leavc man, was charged with smashing. Mr. H. Hills, landlord of the Rose and Crown Inn, Lower Thames-street, said that on the preced ing Saturday evening the prisoner entered his house and asked for half a quartern of spruce and water, in payment of which he tendered a counter feit half-crown. Witness, from his manner, sus pected he was an old hand, at passing bad money, and forcibly detained him in the tap-room till an officer arrived. The Lord Mayor—Did you tell him it was a bad half-crown ? 'Witness—Yes, my lord, after I got the right side of him, and shoved him into tho tap•room. He then begged of me to give him his umbrella, which he had left at the bar. I refused to do this. He next asked for his spruce and water. While I was get ting this I noticed him stoop by the coal-shoot. After I returned from the station-house, I was in duced to say to a seaman, " I wonder whether he planted anything when he stooped by the coal shoot ?" The seaman then put his hand down and picked up the eight counterfeit half-crowns pro duced, wrapped in paper. 8.. Bryant deposed to his having found the eight counterfeit half-crowns by the side of the coal-shoot. Constable 518 said that he found upon the pri soner 12s. 41d. in good money, a locket, chain, ring, banker's pass-book, and several blank cheques. Foulger, another constable, said that the pri soner, who gave a false address, had just been re leased from four years' penal servitude. The prisoner was fully committed for trial. The Lord Mayor, after sentencing several thieves to various periods of imprisonment, said—ln nearly every case of picking pockets that comes before me the property is-proved to have been abstracted from the outside pocket. I would therefore recommend the public for the future to order their tailors to make pockets inside their coats instead of outside. Matthew Broadhurst was charged before the Lord Mayor with being a deserter from the Royal Artil lery. G. Stevens, bombardier at Woolwich barracks, said—The defendant came to me on Tower Hill, on Wednesday, and I was about to apprehend him, when the sergeant came up and took him into cus tody on the charge of being a deserter. Cross-examined by the defendant—l knew you were a deserter. We had two pints of ale together. You did not give yourself up as a deserter to me, otherwise I should have given you into custody. Defendant—He has been with me on the recruit ing service, and he knew me to be a deserter, and having been in his company half an hour, it was tantamount to giving myself up. The Lord Mayor—You did not surrender your self. You did not state so to the bombardier. You were given into custody by a recruiting sergeant. The defendant was anded in order that the authorities at the Home-office might be communi cated with. GUILDHALL.—John Cartwright, a draper, 6, Bousfield-terrace, Holloway-road, was charged with unlawfully conspiring, with others, to cheat and defraud. He was also charged with obtaining £2OO worth of goods of Messrs. Castle and Co., of Love lane, under false pretences. Mr. Albert Turner, of the firm of Messrs. Sole and Turner, of Aldermanbury, appeared for the prosecution ; and Mr. Lewis, jun., of Ely-place, attended on behalf of the prisoner. The evidence in this case went to show that in August last the prisoner' called upon Messrs. Castle and Co., and after. representing that he had a capital of £6OO, besides fixtures and furni ture to the value .of £l3O, referred them to Mr. Cotter, of 9, .Albert-square, Commercial-road East, who, he said, was the executor of his father's will, under which he derived his capital of £6OO. Mr. Cooper was accordingly communi cated with and confirmed the prisoner's statement, at the same time stating that the property had realised more than was expected, and that the pri soner would have over £7OO as his share. The prisoner had previously- said that his father's name was Charles Cartwright, that he was a watchmaker at Cheltenham, and that he died in 1848. Upon these representations the prosecutors supplied the prisoner with goods to the amout of £2OO, but the prisoner's orders poured in so thick upon them that they thought it advisable to obtain Cooper's gua rantee, which he had offered them when first ap plied to, and a guarantee for £2OO was accordingly given by Cooper ; but shortly afterwards both the prisoner and Cooper vanished from their respective residences. Although the prisoner had been found, no trace of the goods had yet been discovered. These facts being in evidence., witnesses were called, who stated that no such person as Charles_ Cart wright had resided at Cheltenham for many years prior to 1848. The delivery of the goods having beekn.proved, and the identification of the prisoner established, he was fully, committed for trial on both charges. The prisoner was then charged with obtaining £2O worth of goods of Mr. Stone, a brace and button manufacturer, of 126, Wood-street, under precisely similar circumstances ; but as the prisoner had not entered into the same minute details in the repre sentations he made, the evidence failed to negative them in the most material points, and the charge was therefore not proceeded with. FROM THE GAZETTE 'OF YESTERDA Y. WHITEHALL, DEC. 2 The Queen has been pleased to appoint the Rev. John Caird, M.A., to be one of her Majesty's Chaplains in Ordi nary in Scotland, in the room of Dr. James Paul, de ceased. FOREIGN-OFFICE, DEC. 1. The Queen has been pleased to approve of Don Balbino Cortes as Consul at Singapore for her Majesty the Queen of Spain. • NORTHERN CIRCUIT.—DuRnAm, Dec. 2. Mr. Baron Watson arrived at this town early yesterday, and proceeded at once to open the com mission, after which his Lordship attended divine service at the Cathedral. This morning his Lordship took• his seat at 10 o'clock at the Court-house and charged the grand jury. The calendar, which is very light, contains the names of 13 prisoners only, of these 6 are-charged with cutting and wounding, 3 with robbery with violence, 1 with manslaughter, 1 with child mur der, 1 with concealment of birth, and 1 with bigamy. The grand jury threw out the bill for child mur der, and several of the prisoners pleaded guilty. Robert Brunton, aged 15, was indicted for the manslaughter of James Dale, at Bishopwearmouth, on the 27th of August last. The prisoner, a re spectable-looking boy, pleaded not guilty. The Hon. A. Liddell appeared for the prosecu tion, and Mr. Price defended the prisoner. The prisoner, it appeared, lived with his father and mother at Bishopwearmouth, and on the even ing of the 24th of August last the prisoner's brother was playing a pipe in his mother's kitchen, when a number of boys assembled round the door listening to the music. This seemed to annoy the prisoner, and he 'told them to go away ; as they would not . go he picked up a small stone, which one of the boys, called as a witness, said was a little bigger than a walnut, and another boy de scribed as " like a kidney cut in two halves, with a bit chipped out," aid threw it at the boys. This stone struck a little boy about seven years old, who went by the name of Jemmy Watson, on the temple and made it bleed. The boy cried and went home to his mother. The boy became insensible soon after and died in a few days; of congestion of the brain. The father of the boy was called to prove his name and 4e, and swore he was never known by the name of Dale. His mother's name was Dale before he married her. Mr. Liddell, for the prosecution, apprehended he could amend this variance in the name. Ibis Lordship—l apprehend not ; but whether you might amend or not, I do not think that this is case which calls upon me to leave it to the jury. The boy has been two months in prison, which is punishment enough for the indiscretion of throwing a stone without force or anger, and without inten tion to injure any one, but which happened unfor tunately to strike this boy on the head. The jury, by his lordship's direction, returned a verdict of not guilty, and the prisoner was imme diately discharged. Henry Atkinson, aged 37, blacksmith by trade, was indicted for a garrotte robbery at Winition on REPRESENTATION OF BRECKNOCK. The Speaker of the House of Commons has given notice that, owing to the death of Sir Joseph Bailey, Bart., late M.P. for the county a Brecknock, a new writ will be issued for the election of a new member, at the end of 14 days from yesterday. BOARD OF TRADE, WHITEHALL, DEc. 2. The Right Honourable the Lords of the Committee of Privy Council for Trade and Plantations have received through the Secretary of State for Foreign Affairs, a copy of a Despatch from her Majesty's Minister at Madrid, re porting that the Spanish Government has issued instruc tions to the Commander of the Fort of Tarifa, to require all vessels to hoist their national flag, or to show proper signal lights, on passing within range of that fort. - • - BOARD OF TRADE, 'WHITEHALL, DEC. 2. The Right Honourable the Lords of the Committee of Privy Council for Trade and Plantations have received, through the Secretary of State for Foreign Affairs, a copy of a Despatch from her Majesty's Consul at Lisbon, enclos ing copies of notifications issued by the Board of Health of that capital, declaring the port of Maranham to be free from infection, and announcing that the Board of Health at Naples has revoked the quarantine regulations established for vessels arriving from Portugal and the Azores. BOARD OF TRADE, WHITEHALL, DEC. 2. The Right Honourable the Lords of the Committee of Privy Council for Trade and Plantations have received, through the Secretary of State for Foreign Affairs, a copy of a despatch from her Majesty's Consul-General at Tunis, enclosing a notification of the B . ey of that Regency removing the prohibition on the exportation of grain ; also announc ing that the prohibition on the exportation of cattle has been removed, and a duty of 12: per head imposed BOARD OF TRADE, WHITEHALL, DEC. 2. The Right Honourable tho Lords of the Committee of Privy Council for Trade and Plantations have received, through the Secretary of State for Foreign Affairs from her Isktjeety'e Arribusegder at'' Paw, a Copy 04 f i ? A reach Imperial Decree, authorizing the establishment of a Bonded Warehouse at the port of Fecamp. ADMIRALTY, DEC. 2. The following promotions, ditted the 24th ult., have this day taken place, consequent on the death, on the 23d ult., of Viee-Admiral of the White the Right Hon. Edmund, Lord Lyons, G.C.8., K.C.H., G.C. St. M. and St. G., &c.: — Vice-Admiral of the Bluo Sir James Hanway Plum ridge, K.C.8., to be Vice-Admiral of the White. Rear-Admiral the Right Hon. Charles Philip, Earl of Hardwicke, on the Reserved Half-pay List, to be Vice- Admiral on the Reserved Half-pay List. Rear-Admiral of the Red Sir Henry Ducie Chads, K.C.8., to be Vice-Admiral of the Blue. Rear-Admiral of the White Sir Thomas Hastings, Knt., C.B. R ear -Admiral of the Red. Rear-Admiral of the Blue Robert Smart, K.H., to be Rear-Admiral of the White. Captain Nicholas Cory to be Rear-Admiral on the Re served Half-pay List. Captain John Shepherd to be Rear-Admira l of the Blue. Retired Rear-Admiral George Ourry Lempriere. to have the rank and title of Retired Vice-Admiral, in pursuance of the Order in Council of 7th May, 1858. ADMIRALTY, NOV. 15. Corps of Royal Marines—Gentleman Cadet H. Everitt to be Second Lieutenant. COMMISSION SIGNED BY THE QUEEN. Oxfordshire Regiment of Militia—Wm'. Wykeham Hol loway, Esq., to be Paymaster, vice Carter, resigned. COMMISSIONS BY LORDS LIEUTENANT. Oxfordsbire Regiment of. Militia—Lieutenant Frederick Walter Aston to be Captain, vice Lambert, resigned. King's Own Light Infantry Regiment of Tower Hamlets Militia—Henry John Hunter, Gent., to be Lieutenant, vice Baugh, resigned ; James Henry Morrell, Gent., to be En sign, vice Kulback, promoted. West Somerset Regiment . of Yeomanry Cavalry—Wm. Haggett Richards, jun., Gent., to be Cornet, vice Seymour, promoted. Royal Ayrshire Rifles—Her Majesty has been pleased to direct that Ensign Joseph Booth Gretton, who has ab sented himself from the recent training of the Regiment, and disobeyed the orders of his Commanding Officer, shall be removed from the strength of the Regiment from 30th November, 1858. TREASURY WARRANT. Whereas by an Act of Parliament passed in the fourth year of the reign of her present Majesty, intituled "An Act for the regulation of the duties of postage," power is given to the Commissioners of her Majesty's Treasury, from time to time by warrant under their hands, to alter and fix any of the rates of British postage payable by law, on the transmission by the post of foreign or colonial letters or newspapers, or of any other printed papers, and to sub ject the same to rates of postages according to the weight thereof, and a scald of weight to be contained in such war rant. - - -- And whereas further powers are given to the Commis sioners of her Majesty's Treasury by another Act of Par liament, passed in the eleventh year of the reign of her present Majesty, intituled " An act for giving further faci lities for the transmission of letters by post, and for the regulating the duties of postage thereon, and for other purposes relating to the Post-office." And whereas certain powers are also given to the Com missioners of her Majesty's Treasury by another Act of Parliament passed in the eighteenth year of the reign of her present Majesty, intituled " An act to amend the laws relating to the stamp duties on newspapers, and to provide for the transmission by post of printed periodical Rublica lions." And whereas a treaty hath been lately entered into be tween her Majesty and the Emperor of Hayti,. for regulat ing the communications by post between their respective dominions ; and it is expedient for the better carrying out of the same, that certain regulations should be made, in the manner hereinafter mentioned. • Now we, the Commissioners of her Majesty's Treasury, in exercise of the powers reserved to us in and by the said hereinbefore recited acts, and every of them, and of all other powers enabling us in this behalf, do by this warrant, under the hands of two of us the said Commissioners, by the authority of the statute in that case made and provided, order, direct, and declare as follows:- 1. On every letter, not exceeding one-half of an ounce in weight, posted in the United Kingdom, addressed to Hayti, and on every letter not exceeding one-half of an ounce in weight, posted in Hayti, addressed to the United Kingdom, transmitted direct by British packet-boat between the United Kingdom and Hayti, there shall be charged and taken an uniform rate of postage of sixpence. 2. On every letter, not exceeding half an ounce in weight,. transmitted by British packet-boat between a port in Hayti and any other port, whether in Hay ti or any other country, island, or place, without passing through the United King dom, there shall be charged and taken an uniform rate of postage of four pence. 3. All such letters so transmitted, as hereinbefore in the first and second Clauses of this warrant mentioned, if ex ceeding one half of an ounce in weight, shallbe subject to the several additional and progressive rates of postage herein after mentioned ; that is to say : On every letter so transmitted, if exceeding half an ounce in weight, and not exceeding one ounce in weight , there shall be charged, taken, and paid, two rates of postage : And on every letter so transmitted, if exceeding one ounce, and not exceeding two ounces in weight, four rates of postage And on every letter so transmitted, if exceeding twe ounces, and not exceeding three ounces in weight, six rates of postage : And for every additional ounce of weight of any letter, so transmitted respectively as aforesaid, above the weight of three ounces,: there shall be charged, taken, and paid, two addittonal rates of postage, and every fractional part of such additional ounce shall be charged as an additional ounce in weight; and each progressive and additimial rate, chargeable under this clause, shall be estimated and charged at the sum which any such letter would be charged with under this warrant, if not exceeding half an ounce in weight. 4. Nothing herein contained shall be construed in any wise to annul, prejudice, or affect any of the exemptions and privileges granted by the said recited act, passed in the fourth year of the reign of her present Majesty, or to annul, prejudice, or affect any of the privileges which sea men and soldiers employed in her Majesty's service, and seamen and soldiers employed in the service of the East India Company are now by law entitled to. of sending and re ceiving by the post letters not exceeding half an ounce in weight, subject to the regulations and restrictions in respect of the same. 5. On every printed newspaper posted in the United Kingdom, addressed to Hayti, and on every printed newspaper posted in Hayti, addressed to the United Kingdom, transmitted by the post between the United Kingdom and Hayti, direct by packet-boat, there shall be charged, taken, and paid in the United Kingdom, the rate of British postage hereinafter mentioned, that is to say, if not exceeding the weight of four ounces, a rate of one penny, and if exceeding that weight, but not exceeding the weight of eight ounces, a rate of twopence. 6. Every newspaper which shall be transmitted by the post, under the provisions of this warrant, shall be so trans mitted in conformity with, and under and subject to, the several regulations, orders, directions, and conditions here inafter contained (that is to say) : No such newspaper shall in length, or breadth, or width, exceed the dimensions of two feet British : Every such newspaper shall be sent open at the ends or sides, and either without a cover, or in a cover or envelope, open at the ends or sides : There hail be no word or communication printed on any newspaper, transmitted by the post under the pro visions of this warrant, after the publication thereof, or upon any cover thereof, nor any writing or marks upon any such newspaper, or upon any cover thereof, other than and except the name and address of the person to whom the same is sent, but the name or title of such newspaper, and the name and address of the publisher, newsvender, or agent, by whom the same is sent, may be printed on the cover thereof. There shall be no paper or thing enclosed in or with any such newspaper: Every British newspaper which shall be posted in the United Kingdom, under the provisions of this warrant, shall be printed and published at intervals, not ex ceeding thirty-one days between two consecutive numbers or parts of such publication, and the same shall be registerol s by the proprietor or printer thereof at the General Post Office in London, and shall be posted within fifteen days from the date , of its publica tion, and the title and date of the newspaper shall be printed at the top of every page thereof. 7. All packets consisting of printed; papers (other than British newspapeTs), posted in the United Kingdom, ad dressed to Hayti, or posted in Hayti, addressed to the United Kingdom, may be transmitted by the post between the United Kingdom and Hayti direct by packet-boat, under and subject to the several regulations, orders, direc tions, and conditions herinafter mentioned and contained relating thereto and on every such packet, if not exceed ing four ounces in weight, there shall be charged, taken, and paid in the United Kingdom for the transmission there of as asforesaid, the unform single rate of British postage of threepence. _ . _ - _ 8. All such respective packets transmitted under the seventh clause of this warrant shall be subject to the seve ral progressive and additional rates of postage hereinafter mentioned ; that is to say ; On every such packet, if exceeding four ounces in weight anti not exceeding eight (minces in weight, two rates of postage. • And on every such packet, if exceeding eight ounces in weight and not exceeding ono pound in weight, four rates of postage. And on every such packet, if exceeding one pound and the half of another pound in weight, six rates of postage. And on every suck packet, if exceeding one pound and the half of another pound and not exceeding two pounds in weight, eight rates of postage. And for every additional half of a pound in weight of any such packet above the weight of two pounds there shall be charged, taken, and paid two additional rates of postage, and every fractional part of such additional half of a pound in weight shall be charged as an additional half of a pound in weight ; • and each progressive and additional rate chargeable under this clause shall be estimated and charged at the sum which any such packet would be charged with under this warrant if not exceeding four ounces in weight. 9. Every packet which . shall be transmitted by the post under the seventh and eighth clauses of this warrant shall be so transmitted in conformity with, and und er an d sub ject to the several re g ul ations, orders, directi ons , an d con ditions hereinafter contained ; that is to say : Every such packet shall be sent without a cover or in a cover open at the ends or sides. It may contain any number of separate books or other publications, prints, or maps, any quantity of paper, parchment, or vellum, and the books or other publications, prints, or maps, may be either printed, written, or plain, or any mixture of the three, and all legitimate binding, mount ing, or covering of a book, publication, • print, or map, or of a portion thereof, shall be allowed to pass by the post, whether such binding, mounting, or covering, be loose or attached, as also rollers in the case of print s or maps, markers (whether of paper or otherwise) in the Case of books, and whatsoever is ne cessary for the safe transmission of literary or artistic matter, or usually appertains thereto ; but no patterns or books of patterns (unless consisting merelyof paper) shall be allowed. It shall contain no written letter, nor any communication in thlwAture of a letter, closed or open, nor any enclosure, sealed or otherwise closed against inspection, nor any communication of the na ture of a letter written in or upon any such packet, or the cover thereof. No such packet, which in length, or width, or depth shall exceed the dimensions of two feet (British) shall be forwarded by the post under the provisions of this warrant. Every newspaper and packet transmitted by the post un der the fifth, seventh, and eighth clauses of this war rant, and posted in the United Kingdon, shall be put illto the rfat - GCCO' At NEU IA9IIO in the day and under all such regui ations as the Postmaster-General Du 'IY appoint. 10. The poste • of any letter tran sm itt e d by th e j ?yet e. under the provi. mints of this warrant and posted in the United - Kingdom, shall be paid at the time of the sr une in money or by the proper post age being posted, eitht stamp or stamps bd.. V: affixed thereto, and the postage ,. of every newspaper and. pceket of printed papers transmitted by the post under the provisions of this warrant and po.stied in the United Kingdom si 'all also be paid at the time of the same being post ed, not money but by the proper pa s tage stamp or stamps being affixed thereto, which respe4:- tive stamp or stamps in this clause mentioned shall h n every case be affixed or appear on the outside of every such letter, newspaper, or packet near the address or directi:on, and shall bo of the value or amount of the postage duty payable thereon under or by virtue of this warrant. 11. If any letter, newel taper, or packet of printed papers transmitted by the post hinder the provisions of this war rant be sent otherwise than .in conformity with the con ai tions and regulations her einbefore established, the sa sne shall and may be detainer and opened, and shall be retur tied or given up to the sendex - thereof. 12. The respective lettvrs and rackets transmitted by the post under the provisia Is of this warrant shall be 8 v.b ject to the several orders, directions, regulations, and ratites of postage respectively conta fined in a certain warrant of the CommisE loners- of her A tajesty's Treasury under the hands of two of the said Cot unissionsrs bearing date t ho 19th of February, 1855; Tele ting to 'redirected rates of postage upon letters and packets which. shall be redirects xl and again forwarded by the post. 13. The rates of postage chineable on letters, privrtAid newspapers, and other printed • papers transmitted by tl le post under the provisions of thiFt warrant shall be in lit ni of any rates of British postage' now chargeable by la w thereon. 14. The term " weight" used in this warrant shall men n British weight, and the several other terms and exprek;- sions used in this warrant shall be construed to have the like meaning in all respects as they -would have had if, in serted in the said •Act passed •in the fourth year of the reign of her present Majesty. • • 15. The Commissioners for •the tiu to being of Her Majesty's Treasury may by warrant u uder their hands, duly made at any time hereafter, alter, repeal, or revokeany of the rates of postage hereby fixed or altered, or any of the orders, directions, regulations, and conditions heireby made, and may make and establish any Dm , or other rites, orders, directions, regulations, and co - : editions in lieu thereof, and from time to time appoint at what time. the rates which may be payable are to be pail 1. 16. This warrant shall come into opei nation on the first day of January, 1859. Whitehall, Treasury Chambers, I ;he 27th day of November, ono thousand eight h xmdred and fifty eight. HENRY " WHITMORE. H. G. LEI 51NOX. BANKRUPTCY ANNUL LED. William Robinson Urwin, chain and iron merchamt r Newcastle-upon-Tyne. BANKRUPTS. Edward Button, butcher, Gravesend, • to surrender, Dec. 9at half-past eleven, and Jan. 13 at on( ), at the Court of Bankruptcy. John Upton, plumber , Brighton, Dec 15, at half-past twelve, and Jan. 12, at welve, at the Cou xt of Bankruptcy. John Nicks, dealer and chapman, E: ceter, Dec. 21 and Jan. 20, at one, at the Exeter District 0 nut. William Taylor, coal merchant, Newp sort, Dec. 14 5 and Jan. 18, at eleven, at the Bristol District 'Court. William Merchant, corn merchant, Folkestone, Kent, Dec. 15, and Jan. 14, at two, at the Com 't of Bankruptcy. John Dyer Ruddock, upholsterer, Re ading, Berkshire, Dec. 15 and Jan. 19, at twelve, at the Co art of Bankruptcy. William. Hunt, silk and cotton maw ifacturer, Market street, Manchester, Dec. 16 and Jan. 13 at eleven, at the Manchester District Court. 'William Watts, builder, Manchester, Dec. 20, and Jan. 11, at one, at the Manchester District Cc ,urt. Joseph Sims Warner, merchant, She' Bleld, Dec. 18, and Jan. 15, at ten, at the Leeds District Col art. William Wollox Hall, currier, Kidd ?..rminster, Dec. 13 and Jan. 3, at half-past ten, at the Bii vungham District Court. SCOTCH BANKRUPICS. John Chalmers, draper, Blairgowrie. Frederick Pope, commission agent, Edinburgh. Peter Macdonald, fishcurer, Sleat, Island of Skye. William Henderson, flesher, Dunfermi ine. Thomas Wyse, farmer, Colebrae, near Falkirk. James Rodger, farmer, Barrhill, Ayrsl hire. BANK OF ENGLAND. An Account, pursuant to the Act 7th and Bth Victoria, cap. 32, for the week ending on Wedne.s day, tho. let day of December, 1868: ISSUE DEPARTMENT. Notes issued £32,633,180 Governmen t Debt £11,015,100 Other Seoul 'Meg .. 3,459,900 Gold Coin atS Bullion 18,158,180 Silver Bull ton £32,633,1801 $32,633,150 BANKING D Proprietorte Capi tal 214,553,000 Rest Public Deposits (in cluding Exche quer, Savings' Banks, Commis - missioners of Na- • tional Debt, and Dividend Ac- tPARTIMIgT. Government Secu rities (including Dead We ightAn nuity) X10,803 591 Other Secu titles 15,432,330 Notes .... Gold and Silver Coin .... counts) 8,245,211 Other Deposits 12,491,758 Seven Day and other Bills 798,398 £39,183,095 H.. X 39,183,095 :SHAL L, Chief Cashier. Dated Dec. 2,1858. AVERAGE PRICE OF S UGAR. The Average Price of Brown or Muse ovado Sugar, com puted from Returns made in the week e tiding the 30th day of Nov., 1858, exclusive of the duties o I Customs paid-of payable thereon, on the importation t hereof into Great Britain Per cwt. From the British possessions in Amer ica 27s Did Muscovado, the produce of the Mauritius .. 22s lfd Movado t the produce of the East 13 Idies.. 33s 6. 4 _ld A'rage price of the foregoing COUNTRY MAR 6:ETS. LIVERPOOL-DEC. :3. At this day's market we had a fair attendance of the trade, and wheat met with a moderately good demand for. consumption, at the prices of this day week. The govern mental returns of the sales and prices of British grain are . not published as usual this week, but as•e expected to bel out to-morrow. WAKEFIELD—DEc. 3. To=day . there was only a moderate attendance of the town and country trade, and wheat was in lid iited demand, the turn being in favour of the buyer. Averages for the week : Wheat . 3,759 qrs., at........42s 61rd 8ar1ey......... 648 „ 33, 3d Oats 77 ~ ........20s 10.1 d Rye — • ..... .-S Oa Beans l5O . „ ....43s 31d . ...... .—s Od Peas EXETE -DEc. 3. The market to-day continues much the same as last week, with a small supply, at the following prices : Wheat, white 5s Od to 5s 4d 8ar1ey........4s Od to 4s 3d I Ditto red 5s Od to 5s 6d Oats .... 3s Od to 3s 3d Flour, fine, 31s to 32s ;seonds, 29s to 30s per sack. CATTLE.—The market was fairly supplied with stock but business appeared to be small. Fat beef, p score, 98 to lOs Od Ewes 'per lb ... .41 to Od Pork carcases, do 7s6d 8s 6d Wethers, de...... 6d to Od Lambs, per lb. Od to Od Fat calves, d0....6d to 7d Bough fat, 41d per lb. DUBLI • r—DEc. 2. ?1 - 3;;and generally a firm mar ithout much change: Indian rket. There was a mederate'sUpp ket, but prices remained WI corn is still a drug in the mai s. d. s. d. Wheat, white 22 6 to 24 6 Do., red 2l: 6 to 22 6 Do., new Barley Oats Do., black ll 0 to 12 0 s.d. s.d. Do., new ll 6 to 13 0 Bere . ll 6 to 12 6 Rapeseed 26 0 to 20 0 Oatmeal l2 6 to 14 6 Bakers' flour Indian corn CORK The following were the At wheat, 16s Od to 20s; white, ] to 15s Od; oats, Hs Od to 12s —DEc. 2. Lotations this morning :—Rod 1.9 s 6d to 22s 6d; barley lls Od 9d. BRISTOL SUGAR-DEC. 3. The market continues steady but quiet . The transac tions are necessarily small, owing to the poor supply . offor • ing, but former rates prevail. Refiners' produce sells freely, and at fully late rates. Rum is rather quiet. BIRTHS. BALFOUR.—On the 2d inst , at the Royal Military Asylum, Chelsea, the wife of T. Graham Balfour, M.D. F,R.S., of a son. BEIVES.—On the Ist inst., at Yealnipton, Devon, the wife of Lieut.-Colonel Bewes, 73d Regt. of a son. --- Buss.—On the 3d inst., at 149, Fenchurch-street, the w ifo of the Rev. Alfred J. Buss, of a son. CROFTON.—On the 30th ult., at Raheney, near Dublin, the wife of Captain Walter Crofton, C. 8., of a son. MARRIAGES. DAWKINS — BACON.—On the 2d inst., at St. George/ 4 / Camberwell, W. W. Dawkins, Esq., of Thames Dittont Surrey, and Bow-lane, to Mary, the second daughter of John Bacon, Esq., of East Dulwich, and Church-street, St. John's, Horselydown. GEACH—BURRELL—On the 2d inst., at St. Marylebon° Church, Charles S. Geach, Esq., of Brandesbury-park, Willesden, eldest son of the late Charles Geach, M.P./ to Harriott Georgina, daughter of F. S. Burrell, Esq., 0 ' Sussex-place, Regent's-park. DEATHS BRIDGEMAN.—On the 3d inst., at Weston-under-Liziar; the Lady Lucy Bridgeman, eldest surviving daughter or the Earl of Bradford. BA.ILEY.—On tile 2d inst., at 5, Stratford-place, Charles' Bailey, Esq., aged 62. BARLOW.—On the 3d inst., at 3, Vincent-terrace, Isling ton, Thomas Barlow, Esq., late of Wellington, N.Z.I aged 34. CHAMEN.—On the 2d inst., at 8, Priory-road,Wandsworth road, Mr. Wm. Chamen, aged 64. FEARN.—On the 2d inst., at Park-place,`Camberwell-grove► Samuel Fearn, Esq., for more than 55 years of the Phcenix Fire •office, aged 79. FOSTER.—On the Ist inst., at Torquay, after an illness of a few days, George Holgate Foster, Esq., of the Holme, Regent s-park. MACIRONE.—On the 2d inst., at 5, Park Village W.N.W, George Macirone, late of the Stock Exchange, aged 70. WATsoN.—On the Ist inst., at Ivy Cottage, Dulwich, J. Watson, Esq., aged 65. LONDON : Printed and Published by MURDO YOUNG, of No. 112, Strand, Printer, at The Sun Office, No. 112, Strand, in the Precinct of the Savoy, in the county ° 4 AliddlefiexASattulah Demilber_4l ISA cid 1 . 431 Pr Nth, Ban • ,~.~, on Oct de, Tar bef