The Sun. — London, England, 1846-12-08 00:00:00

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Ve COult )-en.bert Jenner Fust (Judfe of t 1 , " ehanc ellk);',,P, e aadge of the Admira l ty Cou rt , NO , ''' the Duchy of Cornwall. '% 4 ‘ 4 t* ' Wltt "Il bo , t ty FALL. ,It T -RAI. . • HORS this +A% ", r@ o. to- day on i appeal; and ka. bsttxps -"P.wry, Postponed their judgment. 8 pa i. re4 tlll4 trucuocyToon V. THE E S R OLICITOR OF THE ,k 14 :4 lick Cll B , k . F LANCAST • bqtZ ()li'alt°trOtt ueing called on, 10Nt.440e1l N 4, c,„A3I, Perceiving Lord Campbell (the pye , L I Z b a - r " of the DuChy of Lancaster) sitting Itt u shin', l lllll ong the Qu's Counsel, observed eC4 it p,„r. luat there could ben o doubt that be had 101 1 1% It ttse to'''''Y Councillor, though the principal par t y p,,,h %A le it within the bar. He recollected . -1 4 At 148 kb,Sl ( i do.. , Pursued by Mr. Sheridan, in a cas w e in SI, % L i t, tus..c.L Brougham) and Mr. Warren were N l ' tite,7 414 , and he could not forget also, d that .s e - °", I°e Mr. Sheridan not only argue 1 111k441e,,,;`,1t1id that which he was sure Lord Camp ti r , ' 40, abused the counsel that were against N l _ p es tpu k ''t Offer d ELI. felt indebted to their Lordships for h!e ) mat e t tottrt e - %i d -oli o ,. esy towards him as a privy coun t4t, ..Ivewing the example set him by Lord Holt N to r : „his right to sit within the . bar, and 4 / I kt ' t - m ttolt did, to remain by the side of his L t Y. ° off e kb.4 1. Rity suggestions that might be ne llNge4 114,, 0%, :011.);Qt4,4e31 believed that upon the with his u Noble Lord, Lord bolt sat $°1.1:1 ', 1 ,1 2 . 1 u I tru e ted his Counsel. q t b ili a llt in 4'1!4•I. felt no desire to exert such a privri .4i4 44 % °l. l'lg so he was anxious that his not weab i%t,ed a or sitting within the bar, should not e ti ~1- 1° of 4 waiver on his part of any right his sue t ),,!?Illic ileene° °light claim . ilittlitherigt4hAikobservd that there could be no . I, tpi 4 t- t i echttr. o f the Noble Lord, i f he chose, to sit li tt te t t 4 r ItatijiPbell retained his seat outside the bar, h l t ti era °rt discussion the case proceeded. The orth:Niop theebelt their Lordships upon an appeal from th e ~,°f Chancery of York, and the question kltali4itieh,„tts, whether her Majesty, or the Chancellor 444,4Ni°' °I Lancaster, was entitled to letters of tl lt ik ell N vi ° to the effects of an old lady named Ann ONftikkil „..T11,1.T1,_411, who died without any apparent next t" L ` the Ch piece of York decided in favour of the I:: k"!tt de j'haneellor of the Duchy of Lancaster, and „, 1 14 1 4etr a l lipa the present appeal was brought by Ct c hf, I N. r octoe, on h,tr Majesty's behalf, to their N olt,.4tte e4 , -.41141,2 Procter, herolicitor-General, and Mr. v cOnnsel for appellant ; and Mr. James SU N OFFICE, Seven o' Clock. THE SUN, LONDON, TUESDAY EVENING, DECEMBER 8, 1846. Parker, Dr. Jenner, and Mr. Ellis, appeared in support of the judzment of the Court below. The ca-e, i; is (-2:pect,ti, wiq occupy two or three days. CHANCERY-(THIS DAY.) SPOTTIS W ODE V. CLA EKE..-- PICTORIAL ALMANAC. Mr. STUART, at the sitting of the Court to-day, applied in this case, in which his Honour the Vice- Chancellor of England refused yesterday to dissolve an injunction he had granted ex parte, restraining the defendant from publishing a work, entitled Old Moore's Pictorial Almanac, in imitation of The Pictorial Almanac, published by the plaintiff, for leave to give notice of motion for Thursday to discharge his Honour's order. His LORDSHIP granted the application. STOCKER U. DAWSON. The remaider of the day was occupied with the further arguments in this part-heard appeal. VICE-CHANCERY.-(THIS DAY). (Before the VICE-CHANCELLOR of ENGLAND). SHALE V. BECKFORD. The further arguments in this part-heard case occu pied his Honour the Vice-Chancellor of England the whole morning. (Before Sir K. BRUCE.) FINCH V. SECKER AND ANOTHER. This was tl,e petition of two infant plaintiffs, praying for a reference to the Master to make certain inquires, with the view of compelling the defendants to execute the trusts of a will. It appeared that Mary Shield, the testatrix, by her will, of March, 1841, after directing the payment of her debts, &c., devised the residue of her property, consisting of an estate of 3501. a year and large personal effects, to Mary Finch, for her use during her life-time, on condition of her remaining single, and after her demise, to go to the plaintiffs, her niece and nephew; but in the event of her marrying, she was to have an annuity of 301. a year, and the residue was then to go to the plaintiffs and their heirs. The testatrix. by a codicil to her will, appointed John Seeker and James Mason her executors, and for the trouble they would be subjected to, she bequeathed them a sum of 100/. each. She subsequently revoked the appointment of Mason, and substituted a Mr. Bryant, one of the defend ants, and he contended that he was entitled to the legacy of 100/. under the testament of the testatrix. This claim was opposed. Mrs. Finch had married and consequently forfeited her right to the residue of the property of the testatrix, which now became vested in the infant plaintiffs. It appeared that certain funeral expences had been incurred for the interment of the testatrix, which had been de frayed by two of the legatees, but which it was con tended were too exorbitant and were resisted by the exe cutors on that ground. Messrs. Cooper and Hall appeared for the plaintiffs, and Mr. Bacon for the defendants. His HONOUR granted an order for the master to en quire into the circumstances of funeral expences, and to state special circumstances. QUEEN'S BENCH.-(THIS DAY.) BARCLAY V. EMERSON. This was an action brought to recover the sum of 1501., the amount of a bill of exchange, given to the plaintiff by the defendant for teaching the son of the defendant what plaintiff represented to be a newly-invented method of oil painting, a knowledge which would enable the defendant's son to make a fortune. The plaintiff, Captain Barclay, had advertised this grand secret in several newspaper s, and defendant's on hadgone down to Exeter to plaintiff to be instructed. The de fence was that the alleged discovery was not new, and that the knowledge communicated was valueless. Several artists, who were called by defendant, de posed to the utter worthlessness of the alleged discovery, Lord DENMAN, in summing up, observed that the question for the jury was, whether the plaintiff at the time of obtaining the bill believed that he had some secret of value to communicate. There could be no doubt that as to the real value of the secret it was worth nothing at all. It had been proved in evidence, by per sons competent to form an opinion, that the secret was of so little worth that the young man would have to unlearn all that he had learned. A showy kind of painting had been taught, but not the manner of pro ducing a picture valuable to persons who were judges of these things. With regard to the representation made by him of having received two gold medals, it appeared that they were only two silver ones, and those had been obtained by requiring a second plain medal, and detaining the first. If th jury were of opinion that the plaintiff had grossly misstated the con sequences of the communication of his secret, they would find a verdict for the defendant. The jury, without a moment's deliberation, returned a verdict for the defendant. Mr. Crowder appeared for the plaintiff, and Mr. Wat son for the defendant. think I cautioned him at the time about the insertion of the letter, as it might be considered libelous, but I cannot say the exact terms in which I expressed myself. Re-examined—l believe that it was on the day the paper was published that I expressed the opinion that the contents of the letter might be libellous. John Whitehead Peard, barrister-at-law, and Deputy- Chairman of the Royal Western Yacht Club, examined —I remember Dr. Holdsworth and Mr. M'Donald being proposed to the club. I did not know them before, though I was well acquainted in Plymouth. I was pre sent when they were balloted for. I put in a blackball on the occasion, as I knew nothing of them. On account of certain rumours about these gentlemen a general meeting was held on the sth of February. Before opening the business, Mr. Beer, an attorney, and member of the club, said he appeared as the professional adviser of the two gentlemen. It was answered that he could not be heard as their legal adviser, but that he could be heard as their friend. He declined to speak in that capacity, and Dr. Holdsworth and Mr. M'Donald were sent for, Mr. Ayre going for them as their proposer. Though the club waited a considerable time they did not come. They were then blackballed. Cross-examined—l spoke rather strongly on the occasion twice. In addition to the other letters referred to, two were read from friends of Dr. Holdsworth, a Mr Lorraine and Mr. Weard. I never objected to the reading of these letters. Ernest John Craigie examined, said—l am a member of the Roy al Western Yacht Club. I recollect being present at the club about the 9th of July last. On that evening I left the club about half-past twelve, when, on the proposition of Dr. Holdsworth, I went to Mr. M'Donald's for supper. The party were Major Ford, Dr. Holdsworth, Mr. M'Donald, Mr. Ayre, and myself. When we got there a very nice supper was laid out, with plenty of Champagne. After supper, play commenced. I did not play myself, but bet money on Major Ford. I lay on the sofa, and slept part of the time. I wakened once or twice during the progress of the play and asked how I stood in the game.—(Laughter.) Mr. M`Donald and Major Ford played a good deal together, and during the time I noticed Dr. Holdsworth moving about. I lost about 201. I again was present with these parties on the 12th, and on or about the 28th, at the club, when there was considerable playing. On another occasion I invited Dr. Holdsworth, Mr. M'Donald, and Mr. Moore to my apartments. I did not play on this occasion, but bet on Mr. Moore. I lost 1001. to Dr. Holdsworth; and 401. to Mr. M'Donald. I lost money on the turning up of the kings. I bet at first stol on turning up the king, and afterwards 4to 1, but lost. The usual odds is Bto 1. Finding that the king came up too often, I reduced the odds. I should say the king was turned four or five times out of seven. On cross-examination the witness admitted that he was fond of play, and had lost considerably on other occasions, especially on horse-racing. He had lately given up all play for large sums. Eliza Thompson examined—Said, I reside at 84, Union-street, Stonehouse. In April or May Mr. M'Donald took my lodgings for Mrs. M'Donald, servant, and three children. Dr. Holdsworth came with them in a coach to my house. Dr. Holdsworth and Mr. M•Donald went and slept at 45, on the opposite side. Dr. Holdsworth always took his dinner with Mr. M'Donald and family. In about a fortnight, Mr. M'Donald and family removed to a furnished house, but Dr. Holdsworth stayed some time longer at 45. On the 16th of August Mr. O'Brien arrived, and Mr. M'Donald took my apartments for him. Mr. M'Donald and Dr. Holdsworth visited Mr. O'Brien often, and on several occasions took refreshments, though Mr. O'Brien was out. Mr. O'Brien gave an entertainment about the Bth of October. It was a considerable one for my apart ments. Mr. O'Brien gave the orders for the articles to be supplied. A great number of respectable people of the town, both male and female, were present, in all about sixty. Mr. O'Brien I think left on the Wednesday week following. I recollect also Mr. M'Donald leaving; the ccach called at my house for them as it fronted the road. Dr. Holdsworth was present when they left. John Stone, tailor, at Plymouth, deposed that he knew Dr. Holdsworth, Mr. M'Donald, and Mr. O'Brien, and worked for them all. He knew Dr. Holdsworth first of the three; the others came with him. Wm. Henry Hawker, chairman of the " Royal West ern Yacht Club, " examined—l never heard of Dr. Holdsworth or Mr. M'Donald before the proceedings in the club. I was present when the inquiry took place, and examined the ballot box. Louis Bournier, a Frenchman, was examined in French, and interpreted to the Court by Thomas Davies. Witness—l was a resident at Tours, in 1842, and knew Dr. Holdsworth and Mr. M'Donald. I was at a café, on the evening of the 9th of February, and saw M'Donald there with Mon. Deson, a Captain of French Hussars, Baron Rosseti, and another gentleman. Mr. Connolty was also present. They were playing when I arrived at the cafe., and Mr. M'Donald was along with Mr. Connolty. They adjourned to a room at the bottom of the garden, when Mr. M'Donald went out and brought in Dr. Holdsworth. They ad journed to that room at twelve o'clock, as the police closed the cafés between eleven and twelve. They went there at the desire of the master of the cafe. When Mr. M'Donald came back with Dr. Holdsworth, Mr. Con notty was playing against Mons. Deson. The former bet on Mr. Connolty's side, and Baron Rosseti and the other gentleman bet on Mons. Deson. The play went on till about daybreak. The first thing that excited my suspicion of foul play, was the continual luck of Mr. Connolty. They were playing at ecarte, and I remarked always, that when the cards came into Mr. Connolty's, and he had a king, he " pitched the corner." I further noticed that every time Connolty dealt, he either turned up a king, or had it in his hand. About two o'clock, Baron Rosseti and his friend was leaving, but I followed him, and brought him back, to show him how the game was going on. I pointed out to Baron Rosseti a blue pack of cards on the chimney-piece, which Connolty had been using. Each party produced their own cards in the game. I called attention to the game, and pointed out the king which was marked in a peculiar manner by the thumb nail. I had watched very closely the proceedings of Connolty, and noticed his manceuver ing, and also that when the king should have gone to his adversary it came to himself. (The witness here showed the process of manipulation employed.) Dr. Holdsworth ;and Mr. M'Donald betted continually on Connolty. Mr. Connolty was winner to a considerable amount when they commenced playing at double or quits. M. Deson had at this time lost 3,000 francs. They played about twenty minutes, when I interrupted them by putting my hands on the cards and saying " they should not continue to play." M. Deson asked the reason, when I answered, " Because you are playing with a cheat." Connolty got up and inquired why I said so, when I answered " You are a cheat and a thief, for the four kings are marked." Connolty answered, "If that is so, let us throw them into the fire, and begin the game with a fresh pack of cards." This was refused ; when the cards were sealed up: by Baron Rosseti and Mr. M'Donald. Baron Ros seti first proposed this. Mr. Connolty wanted the cards to be thrown into the fire, but Baron Rosseti refused, saying they had proofs which required them to be sealed up. I afterwards appeared as a witness against Connolty at the Court de Correctional of Tours. The plaintiff gave evidence in Mr. Connolty's favour. I heard Mr. Connolty condemned to two years' imprisonment. I was subsequently present at the Court of Blois, to which Mr. Connolty appealed. The plaintiff was again pre ' sent as a witness f o r C o n no lty. Th e l atter was con demned imprisonment,iththe deprivation v t a o t o fi n v e f years' civ surveillance t o twoof t y h e e a rs police,' il rights in the meantime. The witness was cross-examined at some length with the object of showing that he appeal l d not f been examined at hado Connolty to the evidence Witne Y ss admitted d that one or thhee was tri a n l 0 t o t f r n t s h t w e 0 second rthy. Toursdnota ila.e e t o n show sub poenaed Orleans Court, because Conn p olt a rsmbeardmpaesrtpeertroaftehdis,aufpemwy,heo i a e m v m e iet w w h a a s t two en a p e e d r persons from that effect,th e b uptritsboen Courtof di they alleged for ward and gave him an excellent character. saiddieanwditanefos A copy of an examination of Louisa La Silva, taken at Tours by commissi oners, on the 19th of Au g ust, was then read. She stated that she had resided for ten years there. Dr. Holdsworth rented a furnished house from her. He had a good number of visitors, and they re mained till late at night. He went off in May, 1845, and left a bill for rent unpaid. He now owes 3,000 f. When he left Tours the time for which he had taken the house was not expired. After he left many tradesmen called to see him. Mrs. Holdsworth did not leave till about six weeks after Dr. Holdsworth went away, and she left at night without witness's knowledge. The deposition of Francis Goubau, of Tours, was next read, which set out that Mr. M`Donald had rented a house of him from 1842 to 1843. He remained sixteen months. He had a wife and three children. Mr. Con nolty was a friend of Mr. M'Donald's, and visited him often. He once saw Dr. Holdsworth at Mr. M'Donald's. A deposition of a brother of Madame La Silva was next read, but it contained no material point bearing on the case. Timothy Serve, attorney, produced an a ttested copy of a decision of the Court of Cassation, on an a pp eal of Michae C onnolty from the Court of Blois. It was in fact setting aside the judgment ofthe inferior court on an interpretation of the law of France as applied to the case, ,but not on the facts adduced ' on trial, and remitting it, with.all the documents ' , in examination, the case, for further considera tion. The wit ness reason why Baron examination, deposed that the Rosseti was not present was his being engaged on special service in the army. He had asked a few days ago for the adjournment u of the case, in order to produce Baron Rosseti, b Baron Rosseti could not a tt en d t the plaintiff opposed it. was at Tours. When he was a the commission when it Captain Deson had gone to Africa.t Paris he learned that Lionel Lavelle, a resident o f Guernsey, examined— I am an hotel and coffee-hous e keep er i n Guernsey. I know both the plaintiff and Mr. M'Donald. I first saw them there in 1843, but the month I do not remember. It was, I think, about the end of the year. I have seen them often together at my house. They were living in the island at that time. I only saw them play once at nay house ; it was at ecarte. There were three others present on that occasion—MM. Boyer, Armand, Dentin, and Dr. Holdsworth. Of these two only played, M`Donald betted. The plaintiff played with the other three in succession. They were all losers to the plaintiff. I understand the game, and observed certain proceedings of a suspicious character. I begged Mr. Armand, in consequence, not to play. What was done was by a quick movement among the cards, which only a practised eye could observe. Mr. M`Donald, during the game noticed, hail always some particular order to give me when the cards were shuffled, in order, I suppose, to call off my attention. M`Donald kept walking about, or standing beside Dr. Holdsworth. Dr. Holdsworth always won, but the sum realised was not very great as the stakes were small. Mr. M'Donald, accompanied by Dr. Holdsworth, came next day into the coffee; house and asked if any one would play, but no one would. I saw Mr. M‘Donald in the court yesterday, I The cross-examination e li c i te d no po i n t o f m aterial importance. Thomas Freehold deposed that in 1841 or 1842 he resided at Guernsey. He met the plaintiff and M'Donald there at the United Service Club. He saw them occa sionally play at ecarte, sometimes against each other, and sometimes for, but he noticed they always won at high stakes. Witness went on to ducribe what he had noticed when M'Donald or Dr. Holdsworth played at ecarte. Whoever played singly invariably was the winner. Their plan was this—Dr. Holdsworth would challenge M'Donald to play, provided one of the bystanders would join with plaintiff, when the latter lost. On other occa sions M'Donald would challenge in the same way, when Dr. Holdsworth won. He never saw Dr. Holdsworth pay M'Donald any money. Witness, on one occasion, played with M'Donald at cutting cards, when he won 51. M'Donald wished then to play double or quits, but he refused. Then they agreed to play it off in twenty-four cuts, when, out of that number, M'Donald cut twenty-three times higher than he did. On another occasion witness played partners with Dr. Holdsworth against M'Donald, when the former al ways lost. Witness then gave up partnership, when the two partners continued the play, when Dr. Holdsworth won continually to a nominal amount of 8001. No mo ney, however, passed between them. The examination of William Taylor, taken at G uern • sey, was next put in and read. It was similar to the evidence that has already been given as to the proceed ings of Dr. Holdsworth and Mr. M'Donald at Guernsey. Siras Trapeau, a captain in the army, said he was living at Guernsey as a half-pay officer in 1844. He re collected Dr. Holdsworth and Mr. M'Donald. They left in the autumn of 1844, and M'Donald came back some time after. Dr. Holdsworth followed. Witness was a member of the United Service Club, to which Mr. M'Donald applied to be admitted on his return, but he was black-balled. About this time another club was projected, called the British Club, which was held at the house of Mr. Taylor, and of which Dr. Holdsworth and Mr. M'Donald were members. There were rumours abroad derogatory to these gentlemen's characters. Mr. M'Donald had been black -balled on account of information derived from Tours. Witness told this subsequently to the black -balling of Dr. Holdsworth, and he said he would make the parties who said so " pay for it," and that "he would bring them up." Witness afterwards learned about plaintiff's play at Guernsey, and told him of it. The witness here gave some particulars as to the proceedings of the plaintiff in the island, on which the charges and rumours alluded to were founded. The examination of witnesses was still going forward when our report left. EXCHEQUER.--(THIS DAY.) O'BRIEN V. CLEMENT. This was an action in which the plaintiff sought to recover compensation in damages for a libel, which contained a gross and unfounded imputation upon the character of the plaintiff, and which was published in a weekly paper, the property of the defendant, Mr. Sergeant Murphy, Mr. M`Mahon, and Mr. Lush, appeared for the plaintiff ; the Attorney-General, Mr. Cockburn, and another Learned Gentleman, for the de fendant. Mr. Sergeant MURPHY, in opening the case, said that the defendant was the proprietor of Bell's Life in London, a paper which had a most extensive circulation in every town throughout the kingdom, and among gentlemen of high character in the sporting world, in the columns of which a libel affecting the character of any gentleman would act with great force. The libel in question was published in the month of February, 1846. The plain tiff was an Irish gentleman, who had resided in London for five or six years. In the month of August, 1845, the plaintiff happened to go to Plymouth, and renewed an acquaintance, which had taken place many years be fore in Ireland, with a gentlemen named M'Donald. _By that gentleman he was introduced to another gentleman of the name of Holdsworth, and, with the exception of that introduction, the plaintiff was utterly unacquainted with that person. Mr. Holdsworth was a person moving in a high station of life, and which was calculated to in dicate to a stranger like the plaintiff, that he was a per fectly honourable man. Mr. liPDonald wa s a p erson who in his own country held the station of a gentleman, and was also a magistrate in the country. The plaintiff remained for a period of five weeks in Plymouth, and be came intimate with many persons in that town of great respectability. At the end of that period the plaintiff was about to leave that town to go to Torquay, and be fore he left the town he thought he would make a fair return for the hospitality he had received, and he ac cordingly invited several of his friends to his lodging, and it was upon the subject of this entertainment that the present libel was published. The libel in question was as follows : " ROYAL WESTERN YACHT CLUB. " EXPULSION OF TWO BLACK LEGS. " Circumstances of suspicion bad attached for some time to two members of this club, owing to two gentle men having been ' plucked' at the residence of one of the suspected members in a manner which seemed to in dicate foul play. One of the parties was fleeced to the amount of 1,0701. in one evening, at cards ; the other gentleman lost above 2001. In the case of the first gen tleman whom we have alluded to, the parties were betting on the turn-up card, and his opponent managed to turn up a king nine times running. All these circumstances led to suspicion, that suspicion led to inquiry, and the inquiry has resulted in the expulsion of the two suspected members, and one of them suddenly leaving the place." The part which more particularly affected the plaintiff was the following , por tion of the libel:—" A short time since a person known now to he a confederate of the expelled parties sought admission into the club, his name was 0. B. He gave a crack entertainment a few days before he was to be elected, as he thought. The party was graced by almost all the rank and fashion of the neighbourhood ; he was going to mak' his entree in the club in great style. Two or three days after he stood the ballot, and was black-balled. The next morning he bolted, and some poor tradesman had to lament the fashionable character of his entertain ment, and the great desire he had for display. The talk and excitement this black -balling occasioned was very great ; other gentlemen who had stood the ballot at the same time trembled lest the same fate should await them, especially as one black ball in seven excludes any person who may seek for admission. Subsequent events proved that the course then adopted with reference to 0. 8.. was a very judicious and wise one. It turns out that Dr. H. and Mr. 0. 8., the members black balled, had been engaged in nefarious transactions at Tours and at Guernsey, for which they had been convicted and impri soned In Ireland they had equally distinguished them selves. Plymouth has had a rdidance of such black sheep ; whose infamy was only equ a ll e d b y th e i r impudence.' The Learned Sergeant went on to say, that there was not the slightest foundation for the charges contained in the libel. The plaintiff had never been either to Tours or to Guernsey, and the occurrences alluded to in the former part of the libel took place prior to his visit to Plymouth. Mr. Tunstall, a member of the Royal Yacht Club, was called, and stated, upon cross-examination by the ATTORNEY-GENERAL, that in reading the paragraph he should at once perceive that it did not refer to the plain tiff, and that the initials of Mr. 0. B. were, in his opinion, set up by the printer in mistake for M. A. C., the initials of one of the persons who was black-balled and expelled from the club. The ATTORNEY-GENERAL then replied with great warmth, and denounced the present as an action brought not for the purpose of vindicating plaintiff's character so much as for the purpose of obtaining damages. The situation of a public journalist was one of great onerous ness, and the proprietor of the journal now sued, as de fendant in the present action, had in the discharge of a great public duty admitted the paragraph into his co lumns. If it could be proved that the defendant had published this statement by gross negligence or by actual malice, no doubt the plaintiff was entitled to great damages ; but nothing of the sort had been proved, an ample apology had been published, and the sum of ten shillings had been paid into court. With reference to the libel itself, it was clear that one portion of it had no reference to the plaintiff. It was headed "Royal Western Yacht Club — Expulsion of Two Members." Why, the plaintiff never was a member ; he was refused admittance to the club, as stated in the latter part of the paragraph. In reference to that part of the libel charging the plaintiff with being a confederate of these parties, the defendant not being able to prove, had published an ample apology and retractation. The present was only a series of actions. Dr. Holdsworth and Mr. M'Donald had brought actions against the proprietor of the Plymouth Times for the same libel. The plaintiff had also brought an action against the Plymouth Times. The article in question was copied from a country paper s? vr o i ut t ol h d o tbh u ee t gj in iuv t re e yn - , inte rest or without malice, and the smallest amount of da mages would amply satisfy the demands of the case. said thatL o as liD it C w H a r s Er BARON,admitted thatin summing verdict for the plaintiff, the only question for them to decide would be the amount of damages to be awarded to the plaintiff. The defendant had, it appeared, published an apology for a pertion of the libel com plained of, but the more important portion of it that referring to the plaintiff being a confederate of cer tain parties who had been expelled from the club for mal-practices, no apology had been made, and although a justification had been pleaded, yet no evidence had been brought forward for that purpose. The jury, after a short consultation, returned a verdict for the plaintiff —damages, 30/. O'BRIEN V. BRIANT. This was also an action for libel, brought by the same misled b t the part hpea intimacy of the which defendant, pl a intiff, as in the forme r action, a g ainst t he defendant, the proprietor of the Plymouth eormer action. Mr. Jou rnal, hf for th e publica tion of the libel complained o f in p sub sisted between t he p arties into the supposition that the laintiff WbS a confederate w ith them, but that subsequent said i that a C t o b c therefore, i wished t o express h i s rh u ad it N bee gn.C. on sorrow for the publicat ion of the libel, and at t h e same time to retract everyt hin g contained in th e paragraph ng e uiri° case s ; had a and led him himtlito believe th:.t suc h was not which had the slightest reference to the plaintiff. If the Learned Counsel for t he p laintiff would accept this apology, he would consent, on the part of the defen dant, to a verdict for the plaintiff, with damages to carry costs. Mr. Sergeant MURPHY said that his client had no ob jection to such a course, providing all the costs, in cluding those between attorney and client were paid. Mr. COCKBURN declined to accept such terms; he had no objection to pay the usual costs of these actions. The LORD Carer BAnote—When I was at the bar I never would be a party to any agreements involving the payment of costs as between attorney and client. Mr. Sergeant MURPHY at length acceded to the pro position of the Learned Counsel for the defendant. The LORD CHIEF BARON—Under these circumstances I have no doubt oonsidertog th@PO lad handsome apology made, that the verdict will be of more value to the plaintiff than one returned for a large amount of damages. The jury accordingly returned a verdict for the plaintiff—Damages, 40s. LIABILITY OF PROVISIONAL COMMITTEEMEN. GELL V. LORD CURZON. In this case Mr. Martin and Mr. Ogle appeared for the plaintiff; the Attorney-General (with whom was Mr. Keean) appeared for the defendant. The plaintiff was a solicitor, carrying on business in the Carlton-chambers, who had been employed as a so. licitor to the Oxford, Thane, High Wycombe, and Ux bridge Junction Railway. The defendant was the deputy-chairman of the managing committee of the above named railway. The plaintiff's demand against the defendant was for the sum of 5,0001. Upon the winding up of the affairs of the company several meetings of the provisional com mittee were presided over by the defendant, at which resolutions were passed to the effect that each of the members should contribute a certain sum towards the expenses already incurred. Of this sum so contributed the plaintiff had received 1,4501. The defendant had not, however, paid any portion, and it was to enforce the payment of the balance of the account that the present action was brought against the defendant. The defendant,among other pleas, pleaded non-liability, and this was the issue which was to be tried. Witnesses were called on the part of the plaintiff to prove the facts above stated, also that his Lordship was present at several meetings of the provisional committee, and presided upon each occasion ; and that the minutes of the first meeting of the company, on the Bth of Octo ber, 1845, appointing the plaintiff solicitor to the com pany were confirmed and signed at a subsequent meet ing, on the 26th of October, by his Lordship. A ma naging committee (three of which were to be a quorum), were also appointed by the provisional committee. At this stage of the proceedings, The ATTORNEY-GENERAL interposed and said, that he must make an objection to the reception of any evi dence of a date subsequent to the date of the 20th of October, no meeting having been attended by the de fendant since that period, and he apprehended according, to the opinion of Mr. Baron Parke, that only those persons who should be present at the meeting when any order was given were to be held liable for such order. Another objection was also raised by the Learned Gentleman, which was, that the solicitor was appointed under the 6th section of the Act of 7 and 8 Victoria, to register, and do all necessary works for the formation of the company. He had not registered himself as the solicitor to the company, for it appeared that he was registered as solicitor by the promoter. The LORD CHIEF BARON said he would reserve these points. The examination of Mr. Cayley, the promoter and secretary of the company, was then proceeded with. The case, however, was not completed when the Court rose, and the further proceedings were postponed till to-morrow. about 500/. The witness said he did not have his books , in court as they were not in his own hands, and the ' jewellery had been Gold. The prisoner said he was a hair-worker and artist to the Queen, and had been once or twice at Mr. Linnet's shop. The first time he bought 101. worth of jewellery, and at another time 601. worth, which he paid him for. After this he showed a stick in the palace and sold it to Prince Albert, for whi c h h e pa id Mr. Linnet 30L It was subsequent to this that Mr. Linnet, knowing he wi)s an artist to the Queen, begged him to take the diamond brooches to the palace, in hopes that he might be able to sell them, and he took them and shovied thein to the chief secretary at the palace, and also to Mr. Taylor, the second secretary, but when both these gen tlemen gave him no encouragement, and as he was in want of money at the time, he went and deposited them at Mr. Norton's, and sent the tickets to Mr. Linnet. Mr. LONG said he was not satisfied that the charge of false and fraudulent pretences could be sustained, as that supposed the averment of some fact which after wards did not appear. The safest course which he could take would be to convict the prisoner on one or more charges of felony, but at present he would remand him till Saturday next, and in the meantime Mr. Linnet's books and, if possible, some of the articles of jewellery, would be brought into court. The prisoner, who is a German, was then removed from the bar. SOUTHWARK.--(THIS DAY). William Ringliorn, a stoker ou board a steam - vessel from Hamburgh, was charged before Mr. Seeker with smuggling a quantity of tobacco. Lialloway, au officer of the Thames Police, stated that the Wilberforce steam -vessel arrived opposite Davies wharf, at two o'clock on the preceding day, from Ham burgh. That at five o'clock the same afternoon, the pri- soner, who is a stoker on board the vessel, was seen to land in a hurry after the passengers had disembarked, and being followed, he was stopped, and on examining his person a quantity of compressed tobacco was dis covered in the crown of his hat, inside his stockings, and in his pockets. He was then taken into custody. The prisoner said that he was about to take charge of a saw-mill steam-engine ashore, and that as iti was the last time he was going to Hamburgh, he thought he would bring some of the weed with him ; that he could declare he did not intend to dispose of any portion of it, but meant to use it all himself. He therefore threw himself on the mercy of the Court. Mr. &CHER said he rendered himself liable to a very heavy penalty; that he must have known it was against the law to bring such an article from any part of the continent without payment of the duty. The prisoner was fined 405., and in default was com mitted for one month. COURSE OF EXCH. Amsterdam .....C.F. 12 5 Ditto, at sight .• .... 12 2 Rotterdam ...... 2U. 12 5% Antwerp .............. 26 0 IlLunburgh .... • • M.B. 13 12% Altona. Paris, 3 days' sight .. 25 70 Ditto, 3 months .. .. 25 95 Marseilles ..... . 26 0 Bourdeaux .. 26 0 Frankfort on Maine.... 121% Petersburgh, 3 U 5.... Vienna, effee.flo• • •• 10 6 Trieste, ditto.. • • .... 10 6 Madrid .. 35% Barcelona • • •• . . deville ... .... .... . . LNGE.-(THIS DAY) Gibraltar.. ............ Leghorn Genoa .. • • . 26 5 Venice • Naples .. .. • • 40% Palermo, per 0z.... 20U, Lisbon.... • • . 52% Oporto • ... Rio Janeiro ..... . Bahia Buenos Ayres .. ••.. • • New York, 21 days' sight Philadelphia ; . .. .. .. PRICES OF BULLION, PER 02. Foreign Gold in bars.. F.,3 17 9 Portugal Gold Coin .. 0 0 0 New Dollars .... • . 0 4 10% Spanish Doubloons .. 0 0 0 Silver in bars ........ 0 5 0% SALE OF RAILWAY SHARES BY AUCTION.—(THIS DAY.) • The sale of railway shares, to-day, at Messrs. Lamond and Co.'s, did not go off so firmly, and the general aspect of shares was not so satisfactory as it was last week. The following are a few of the principal sales : Barbadoes £0 6 6 Great Western of Bengal 0 5 0 Shrewsby., Wolverh., and South Stafford 3 9 6 Leicester & Bedford, Exchange Certficate 0 10 6 Great Luxembourg Liverp. Manch. and Newcastle-upon-Tyne 2 8 6 Manchester and Southampton, 1847 1 10 0 Shropshire Union and Canal North British, Extension: 1 10 0 Great Northern Madrid and Valencia.. 1 0 0 Eastern Counties, York Extension.......; 3 6 6 Shrewsbury and Birmingham 4 12 6 Boston, Newark, and Sheffield 0 14 6 Paris and Lyons 5 0 0 Exeter, Yeovil, and Dorset 0 14 0 THE LONDON GAZETTE. (THIS EVENING.) DOWNING-STREET, DEc. '5, _1846, The Queen has been pleased to appoint Herbert Townshend, Esq. to be her Majesty's Solicitor-General for the island of Trinidad. WAR• OFFICE, DEC. 8. 14th Regiment of Light Dragoons—Sergeant Major Emanuel Bradbury, from the Ist Dragoon Guards, to be Cornet, without purchase, Dec. 8. 22d Regiment of Foot— Lieutenant Henry Allen Murray Deane, from the 63d Foot, to be Lieutenant, vice Frederick Hankey, who retires upon half-pay 63d Foot, Dec. 8. 29th Foot—Brevet Colonel Henry Robartes Wyatt, from half-pay Unattached, to be Lieutenant-Colonel, vice Brevet- Colonel James Simpson, who exchanges; Major Andrew T. Hemphill to be Lieutenant-Colonel, by purchase, vice Wyatt, who retires ; Captain Gregory Lewis Way to be Major, by purchase, vice Hemphill; Lieutenant Walter Kirby to be Captain, by purchase, vice Way; Ensign William Septimus Simmons to be Lieutenant, by purchase, vice Kirby; George Augustus Ferris, Gent., to be Ensign, by purchase, vice Simmons, Dec. 8. 33d Foot—Ensign William Mortimer Pechell to be Lieu tenant, without purchase, vice Keane, promoted in the 56th Foot; Gentleman Cadet Frederic Smith Vacher, from the Royal Military College, to be Ensign, vice Pechell, Dec. 8. 44th Foot—Lieutenant John Allen Lloyd Phillips, to be Captain, by purchases, vice Rodon, who retires ; Ensign William Henry Hotham, to be Lieutenant, by purchase, vice Philips; George White, Gent., to be Ensign, by purchase, vice Hotham ; Dec. 8. 71st Foot—Lieutenant Francis G. Scott to be Captain, by purchase, vice Brickenden, who retires; Ensign John Igna tius Macdonell to be Lieutenant, by purchase, vice Scott; Otway Wemyss, Gent., to be Ensign, by . purchase, vice Mac donell ; Lieutenant William Stratton Prince to be Adjutant, vice Scott, promoted, Dec. 8. 76th Foot—Ensign Benjamin Rising to be Lieutenant, by purchase, vice W hitter, who retires ; James Fox Bland, Gent., to be Ensign, by purchase, vice Riding, Dec. 8. 81st Foot—Lieutenant Henry Edward Sorrell to be Cap tain, without purchase, vice Brevet-Major Edmonstone, de ceased, Nov. 13. 95th Foot—Lieutenant Charles A. Cobbe to be Captain, by purchase, vice Thompson, who retires; Ensign Thomas Browne Feneran to be Lieutenant, by purchase, vice Cobbe ; Samuel Blomefield Kekewich, Gent., to be Ensign, by pur chase, vice Feneran,Dec. 8. 97th Foot—Ensign Hedley S. J. Vicars to be Lieutenant, by purchase, vice Woods, whose promotion has been can celled, Nov. 6; Ensign Thomas Venables to be Lieutenant, by purchase, who retires; Osborne Barwell Cannon, Gent., to be Ensign, by purchase, vice Venables, Dec. 8. Royal Newfoundland Companies—Lieutenant Robert Cas sells Oliphant, from the 80th Regimeet, to be Lieutenant, vice Hunt, promoted, Dec. 8. WAR-OFFICE, Dsc. 8, 1846. Supplementary List of Non-Commissioned Officers and Pri vate Soldiers of the Queen's Army killed in the late Battles on the Sutlej, or who have died of wounds received in those Actions : 50th Regiment—John Beck, Alexander Beardman, Wil liam H. Booth, George Bowden, Jos. Brindley,Johas Brooks, John Callaghan, Wm. Clifford, John Colegan, John David son, Wm. Denaey,MichaelDonahue,DanielDoolan, M. Dooley- Richard Dunn, George Evitt, George Fanney, Peter Fan ning, Brian Feemy, M. Fenton (Sergeant), William Garrett, Francis Gleeson (Colour Sergeant), John Goodwin, Anthony Hall, George Haneock, Charles Hawkins, John Hayes, Henry Hart, Robert Illenley (Sergeant), William Hol well, John James, John Jeffery, John Ingold, James Kayns, John Kelly, James Kelly, Peter Lawler, Benjamin Lucas, John M'Cabe, Thomas M'Kean, William M‘Bnight, James M'Meeking (Sergeant), John Moran, William Mullins, Thomas North, James O'Leary, Thomas Pike, John Poole, William Quigley, John Reese, John Richardson, Edward Ridlestoff, Thomas Riday, Richard Ronald, William Shea (Colour -Sergeant), John Skates, George Smith, John Smith, George [Stephens, John Stephens, Samuel Steele, William Thorp, John Travers, Francis Ward, John Whealdon, John White (Colour- Sergeant). Non-Commissioned Officers and Private Soldiers of 50th Regiment snpposed to be dead, they having been missing since he recent Battles on the Sutlej. William Beckett (Corporal), Daniel Fitzpatrick, John Flinn, Frederick Harris, Matthew Healey, Frederick John. son, Patrick Kelly (Corporal), William Minney, Edmond Murphy, John Murphy, James Palfrey, John Peel, Robert Wallace, William Wright. Private Soldiers of the 50th Regiment killed at Loodianah, 20th May, 1846, by the Storm, which blew down the Barracks, or who have died from Contusions received on that occasion. Michael Donahue, James Ford, Benjamin Frobisher, John Gibbons, Thomas Hatcher, Henry Hayes, Michael O'Brien, Thomas Todd. _ OFFICE OF ORDNANCE, Die. 5. Royal Regiment of Artillery—Captain and Brevet-Major William Henry Bent to be Lieutenant-Colonel, vice Hornsby, deceased ; Second Captain George Sandham to be Captain, vice Beat; First Lieutenant Thomas Knok to be Second Captain, vice Sandham, Nov. 9 ; Second Lieutenant Archibald Mottenx Calvert to be First Lieutenant, vice Knox, Nov. 19. The dates of promotion of the undermentioned officers have been altered as follows, viz. : Captain Tyler Oct. 14, 1846. Second Captain F. A. Campbell, Oct. 14, 1846. First Lieut. Phillips, Oct. 14,1846. First Lieut. Godby, Oct 20, 1846. First Lieut. Street, Nov. 9. 1846. Captain and Brevet Major Robert Clarke, to be Lieut.- Colon el, vice Blachley, retired on full-pay, Nov. 28. Second Captain Charles Vansittart Cockburn, to be Captain, vice Clarke, Nov. 28. First Lieutenant Charles Wright Younghuaband, to be Se cond Captain, vice Cockburn, Nov. 28. Second Lieutenant O'Bryen Bellingham Woolsey, to be First Lieutenant, vice Younghusband, Nov. 28. Commission by the Lord Lieutenant of the West. Riding of Yorkshire, and of the City and County of the City of York. Yorkshire Hussar Regiment of West Riding Yeomanry Cavalry—Edmun WH IT E HAL L , Gent DEC. 3. to be Cornet, Dec. 1. The Lord Chancellor has appointed Richard Shaw the younger, of Burnley, in the county palatine of Lancaster, Gent., to be a Master Extraordinary in the High Court of Chancery. The Gazette of this evening contains a notice from the Speaker for the issuing of a new writ for the northern divi sion of the county of Lincoln, in the room of Charles Ander son Worsley Pelham, commonly called Lord Worsley, now a Peer of the United iin g dom of Great Britain and Ireland. BANKRUPTS. John Donaldson, coach-maker, Regent-street, to surrender Dec. 16 and Jan. 80th, at eleven, at the Court of Bank ruptcy. Green, official assignee, Aldermanbury ; Dunn and Dobie, Raymond-buildings, Gray's Inn. Philip Howard, wine merchant, Hingham, Norfolk, Dec. 16, at one ? and Jan. 19, at twelve, at the Court of Bank ruptcy. Pennell, official assignee ; Trehern and Whit, z$ Barge-yard chambers, Bucklersbury. Sidney Nelson, music -seller, New Bond-street, Dec. 16, at half-past one, and Jan. 19, at one, at the Court of Bank ruptcy. Pennell, official assignee ; Chapple, Chancery-lane. John Spence, dealer in china, Queen-street, Charles-square, Hoxton, Middlesex, Dec. 17 and Jan. 18, at twelve, at the Court of Bankruptcy. Turquand, official assignee, Old Jewry-chambers; }busman, Basing-lane. Edmund Jones Howe, china dealer, Deptford, Dec. 17, and Jan. 18, at twelve, at the Court of Bankruptcy. , Graham, official assignee, Coleman-street; Sutcliffe, New Bridge-street, Blackfriars. Joseph seed Bullen, tailor, Peterborough, Dec. 22, at three, and Jan. 19, at half-one one, at the Court of Bankruptcy. Edwards, official assignee, Frederick's-place, Old Jewry; Wood and Fraser, Dean-street, Soho. James Bussev, ironmonger, Bear-street, Leicester-square, Dec. 18, at half-past one, and Jan. 19, at two, at the Court of Bankruptcy. Groom, offi-cial assignee, Abchurch-lane, Lombard -street; Townshend; Howland-street, Fitzroy square. - - Richard Satchel], jun., cowkeeper, Winsley-street, Ox ford-street, Dec. 17, at half-past two, and Jan. 14, at two, at the Court of Bankruptcy. Johnson, official assignee, Basinghall-street ; Rye, Golden-square. William Cameron, confectioner, Newcastle-upon-Tyne, Dec. 15, at half-past twelve, and Jan. 19, at one, at the Newcastle-upon-Tyne District Court. Baker, official assignee, Newcastle-upen-Tyn e ; Clartres, Newcastle-upon- Tyne; Shield and Harwood, Queen-street, Cheapside. Owen Evans, innkeeper, Liverpool, Dec. 18, and Jan. 19, at twelve, at the Liverpool District Court. Turner, official assignee, Liverpool; Comthwaite and Co., Old Jewry Cham bers, London ; Fisher and Stone, Liverpool. John Julian Jackson, wine merchant, Birkenhead, Dec. 18 and Jan. 19, at twelve, at the Liverpool District Court. Bird, official assignee, Liverpool ; Bridger and Co., London wall, London ; Dodge, Liverpool. James Barron Rodway, commission agent, Birmingham, Dec. 22 and Jan. 19, at twelve, at the Birmingham Dirtrict Court. Christie, official assignee, Waterloo-street, Birming ham ; Suckling, Birmingham. William Barker, hosier, Nottingham, Dec. 18 and Jan. 8, at twelve, at the Birmingham District Court. Bittleston, official assignee, Nottingham ; Bowley, Nottingham. William Thomas, draper, Treforest, Glamorganshire, Dec. 22 and Jan. 22, at eleven, at the Bristol District Court. Acraman, official assignee, Bristol; Bird, Cardiff; Short, Bristol. Matthew Burton and Benjamin Shaen, cotton spinners, Manchester, Dec. 19 and Jan. 12, at eleven, at the Man chester District Court. Fraser, official assignee, Manchester ; Pittendreigh and Stevenson, Sonth-square, Gray's Inn; Baker, Manchester. MARKET INTELLIGENCE. (From the L.ndon Nero Price Current of December 8.) SIIGAIL—To-day the market for all kinds of West India Sugar had a heavy appearance, refiners and grocers operat ing with much caution, although merchants were willing to sell, and submitted to a reduction on the rates of Friday of 6d per cwt for all kinds. The private sales amounted to only 200 hhds and trcs. At a public sale of 138 hhds 6 tres Bar badoes the biddings were languid, and a part only sold 6d under the rates of the last auction. REFINED.—To-day the home trade were induced to pur chase Refined goods with more freedom, in consequence of further reduced rates being accepted. A fair business was transacted; brown melting lumps at 60s, brown grocery 61s, and standard lumps at 62s tO 62s 6d per cwt. Bonded Crushed Sugar is wanted for exportation,—first sort at 33s ; but little is to be had. For Loaves the demand is brisk, and prices firm. FOREIGN.—This afternoon foreign Sugar met with little attention. At public sale 118 boxes of yellow Havannah sold, all 6d to is cheaper. IdAurirrius.—The supply is on the increase, and all kinds are offered at a further reduction of 6d to is per cwt., still refiners and grocers have operated with caution, and 2,758 bags 120 casks 80 barrels at auction were only in part sold. EAST INDIA.—This afternoon the market was abundantly supplied with Bengal Sugar. Six parcels, amounting to 6,228 bags, were submitted to public sale, and consisted chiefly of the better qualities of white and yellow; but little desire was shown to operate, and a small part only sold at 6d to is under former rates. MOLASSES.—This afternoon at auction 50 puns 100 hhds of Bengal Treacle sold at 20s 6d to 225. COFFEE.—This afternoon there was little passing in Mocha Coffee privately, and 53 bales of ordinary unclean quality at auction were withdrawn for the want of buyers. Ceylon is little wanted, and 374 bags 10 cks sold at barely former rates. There are sellers of good pale Native privately at 375, but few buyers. CocoA.—West India of good and fine quality is wanted at 42s to 475, but low and middling sorts of which the stock chiefly consists, met with a dull sale at 82s to 40s per cwt. There are further arrivals, direct and indirect. None at pre sent has been offered at auction. TEA. —The market has presented a tranquil appearance for black as well as green since the issuing of our last Price Current, there having been only a limited demand from the town and country trade, and speculators ceasing to operate. Prices have slightly given way, 9 1 ,4c1 to 10d being taken for common Congou, cash good common 10%d; Twanksi, ord and good ord yellowish leaf 9 1 ,4c1 to lld ; and I 3 son, common is 8d to is 10d per lb. The principal holders, how ever, will not sell at these rates, as the consumption is going on very satisfactory. Smas.—Pimento has met with little attention by private treaty, but the supply being small, holders are enabled to obtain fully late rates. At auction 120 bags were taken in at 4id to 4d for mixed, being above the value. The stock is less than it was last year at this time, and the consump tion continues good. Cassia Lignea is wanted, and, being in small supply, prices rule firm. For Nutmegs, for exportation, there are'few shipping orders, but the home trade are ready purchasers, and the parcels sold privately were at fully previous rates. Of Mace the supply is insufficient fOr the wants of the trade; there are several buyers, and the rates offered are fully equal to those of this day week. Ginger has met with little attention by private contract, and previous rates cannot be obtained. In Cinnamon a good business has been trans acted, and the rates paid show an advance on those of the last quarterly sales of 2d to 4d per lb for the better qualities. Cloves are little wanted. _ . Fncrr.—This afternoon there was less activity in the Fruit aarket, and at public sale 647 pks of Patras Currants Were _ only partly sold. -CocurratAL.—The demand this afternoon was limited, at a public sale of 295 bags of Honduras, but - little desire has shown to operate, and a part only sold at Id to 2d decline, good ordinary to good silvers were at 4s 10d to 5s 6d, and good to fine black 6s 4d to Gs 93 per cwt. SPIIIITS.—Leeward Island Rum is not to be obtained upon lower terms, as the supply is yet small ; but only trifling quantities have been disposed of. East India . has been spar- iiagly dealt in; yet holders remain firm. Holders of Jamlica remain firm and insist upon previous rites. Demerera is held with firmnes, but only a limited business has been trans acted. Holders of Brandy are unwilling to reduce their prices, as the consumption is going on largely ; but ex porters and the home trade have operated with caution, and there is a fair stock here. Geneva has met with little at tention for exportation. Corn Spirits have been in excel lent request; English at Ils 3d nett cash, Scotch and Irish 2d to Ils 3d. SALTPETRE.--Tha demand is improving for rough; and privately several parcels have been disposed of at rather higher rate ; the home trade being the principal operators. The chief transaction has been that of 1,000 bags of Calcutta, 12 to 9 per cent. refraction, at 25s to 25s 6d. At public sale 627 bags of Madras were disposed of. . _ _ OILS.—The demand has been brisk for Linseed Oil" for home consumption, and several parcels have been taken for exportation. For Rape Seed Oil the demand has been brisker, but the rates cannot be quoted higher. In Olive Oil a good deal has been done, and prices have improved, Palm has been in excellent request, and privately large par cels have been sold, but not at better prices. Cocoa Nut has been in excellent request. There are sellers of Lard Oil upon lower terms, but few buyers are to be met with. For Cod a reduction on former rotes of lOs to Iss having been submitted to. Seal has been in good demand by private contract, but in the value little variation can be quoted. TALLOW.—The arrivals of Russian continuing on a large scale, and the delivories being still deficient of those of last season, cause merchants to be willing sellers, and they have submitted to furtherireduced rates. There are sellers of Town Tallow at 49s to 49s 6d for net cash. LATEST PRICES OF SHARES, From tits Official List, PUBLISHED EVERY TUESDAY AND FRIDAY EVENING. LONDON, TUESDAY, DECEMBER 8. JOINT-STOCK 33.82TH.5. Dividend Amount Name of Company. per of Paid. Price Annum. Share. -- --- ---- --- X a. d. X a. d. australasia ••••.• . . •• 61. per cent. 40 0 0 40 0 0 BritshNorth American bd. per cent. 50 0 0 50 0 0 • Dommer London Si. per cent. 100 0 0 20 0 0 "7olonial. •. • Londn and Westmnstr 61. per cent. 100 0 0 20 0 0 28 London Joint-Stock .• • 61. per cent. 50 0 0 10 0 0 Metropolitan ••.•• • • • • 25 0 0 710 0 Provincial of Ireland.. Si. per cent. 100 0 0 25 0 0 48 Ditto, New. National of Ireland .. 51. per cent. 50 0 0 20 0 0 Nat. l'rovncial of Eng. 51. per cent. 100 0 0 35 0 0 Ditto, Drew. •. • • 51. per cent. 20 0 0 10 0 0 ' Union of Australia •• • • 61. per cent. 25 0 0 25 0 0 Union of London... •• , 5/. per cent. ,50 0 0 10 0 0 11% - 11% COMMON PLEAS.-(THIS DAY.) HOLDSWORTH V. GIBSON AND OTHERS. On the opening of the Court, the evidence on behalf of the defendants was proceeded with. Major Ford, an officer in the army, examined—l was in Plymouth in 1845, and was then a temporary member of the Royal Western Yacht Club. I saw Dr. Holds worth and Mr. M`Donald there at the club. I was in Plymouth three months. I recollect meeting Dr. Holds worth and Mr. M`Donald one night in July, when I went from the club in company with them and some others. We were invited to sup at Mr. M`Donald's lodgings. We had an excellent supper, and we played both before and after supper. We did not play very high before supper, but we did after. We played at made, which Has proposed by Mr. M`Donald. The latter played against me the wholo evening ; and Dr. Holdsworth t always bet on Mr. M•Donald's side . The st akes got higher as the evening advanced. As far a U s , the cards were the same throughout the evening,s I k won everything. Dr. Holdsworth move il d about ta good deal, but he mainly stood behind my back, and could see my cards if he desired. The king is considered a capital card at ecarte. If a person has a king. he is sure to win every game. On that oc casion M4Donald turned up a king almost every time, and I remarked I never saw such turning up before. We played till early in the morning.. My losses to both were about 1,075/. Shortly afterwards I paid it. Cross-examined by Sir F. THESIGER—I paid the money by letter. lam rather fond of a game of cards, but not of gambling. I never played for such large stakes before or atter. The largest stakes I have ever bet on any other occasion was 51. The largest loss I have had otherwise at cards was 1001. I am not very lacky at cards generally. I do not know how much I may have lost in my lifetime, apart from the evening in question ; but I do not think that the losses have been 2,0001. in the aggregate. I have since played st cards, but it has been whist, at Is. or 2s. 6d. a game, never higher. I had seen Dr. Holdsworth at the club before, and played, I think, a game or two at ecarte with him. We commenced at Si. a game, and run it up to as much a s 400/. We had only one ga me at the latter sum, which I lost, being 200/. to sPDonald for the game, and 2001. to Dr. Holdsworth as a bet. I lost 5051. to Dr. Holdsworth, and the re mainder to Mr. M'Donald. There was a Mr. Craigie present and another person, Mr. Ayre, I believe. Re-examined—We played about three and a half hours after supper. I never was a winner during that time. Walter Lormer, secretary to the Royal Western Yacht Club, examined—l have been secretary nine years. There are in it 312 members at present. It consists of a number of noblemen and gentlemen, who take a plea sure in yachting. It is a rule of the club to allow any member to introduce a visitor for a month, at the end of which they must be elected or give up attendance. I recollect seeing Dr. Holdsworth and Mr. M`Donald in 1845, at the club. According to the books of the club Dr. Holdsworth was introduced by Mr. Ayre, as a visitor, on the 10th of June. I had not known Dr. Holdsworth before. It is necessary to give the residence of visitors introduced. On this occasion Tours was given as Dr. Holdworth's residence. On the 25th of the same month, E. M'Donald, Esq., was introduced as a gentleman from France. On the 11th of July both were elected members. Captain Atkinson and Mr. Ayres were the proposers and seconders. They were on thi s occas i on d escr ibed on r c s e hi p re a , pe a r n s d as Dr. r A . l,l) H o o n ld a s id w , or o t f h, s o to f n L t h e e i notice papers as Dr. Holdsworth of Whitehall, Leice sottei W eho h u it s e e h . recollect on the 17th of August Mr. Fitzgerald O'Brien, of Ballycannon , Ir el a n d , being admitted as a visitor in troduced by Dr. Holdsworth. He was balloted for on 10th of October, when 25 voted ; 13 were against him. One in seven black balls excluded. At the general meeting of the members which followed, some rumours were afloat about these gentlemen, and in consequence I wrote a letter to Guernsey. I received a letter In answer, which was submitted in the first instance to the committee, and afterwards laid before a general meeting. I n accordance with the instructi ons of t h e committee, I wrote a letter to Dr. Holdsworth. (The letter was here put in and read, which set forth that they (the commit tee) had heard certain statements about his conduct at Tours, which would compel them to bring the matter before a general meeting, and therefore they wished him to withdraw from being a member of the club. An answer from Dr. Holdsworth was received, denying that he had done anything dishonourable while at Tours, and hoping they would specify any charge they had to make against him. Another letter was sent by witness on the 29th of January, intimating that a general meet ing would take place on the following Thursday, at which the eonnexion of the plaintiff with Connolty's gambling transactions at Tours would be investigated. A general meeting in consequence took place, specially convened for the purpose. On the 31st, Dr. Holds worth sent another note, denying all connexion with Connolty's gambling affair, and declaring the statement of the Tours correspondent to be a " tissue of mali cious fals• hood." The meeting was held on the sth of February, and was very fully attended. More than ninety members were present. Mr. 'locker was in the chair. The letters received from Guernsey were laid before the meeting; the corre spond, rice already referred was also read. Neither Dr. Holdsworth, nor Mr. M'Donald were present. Mr. Beer, an attorney, was present on their behalf, but it was decided they could not hear him as their profes sional adviser. They wished Dr. Holdsworth and Mr. O'Brien to attend and make their own explanations. The latter gentleman was sent for, End the club waited for more than an hour, but he did not come. The Guernsey letters were then read, which were in terms the same as what is given in the alleged libel already published with the addition of recommend ing Mr. Lormer to apply to Colonel Lane of the Guernsey United Service Club, if further information was required, as he knew all about these " bucks." The ballot then took place, when Dr. Holdsworth had for him two white balls ; against him, 50 ; for Mr. M'l)onald, 1 white ball ; against him, 51. I returned Dr. Holdsworth's subscription for the year. Dr. Holds worth since then had never remonstrated against the decision. Cross-examined—l allowed Mr. Latimer to take a copy of the letters for insertion' in' the newsPsper, • I BANKRUPTCY.-(THIS DAY.) IN RE CHAS. COLLINS. This bankrupt, who had been secretary to Pilbrow's Atmospheric Railway, and was a provisional committee man, or otherwise connected with several other rail ways, came up this day to apply for his certificate. After hearing the examination of the bankrupt, which took a considerable time, The Learned ComturssioNEß gave judgment, and said that it was with the bankrupt's conduct as a trader that the Court had to deal, and the question was raised as to whether there had been reckless speculation prejudicial to the estate. He thought there had not. It had, how ever, been alleged that a large amount of shares had not been accounted for. Strict inquiries had been made on that point, and advertisements inserted, and the charge had not been made out ; lastly came the question of a fraudulent preference to one creditor ; that he considered made out at the last ex amination, and decided on suspending the certificate six months. That time having expired in making inquiries, and no further charge made out, the suspension would be calculated from the last examination, and the certifi cate now be granted. SURREY SESSIONS.—(THIS DAY.) The Court resumed this morning, Mr. Packle, Chair man, and several Magistrates present. Thomas Foulkes, and Henry Foulkes, his brother, om nibus proprietors. of whose case we gave a report yes terday, were again brought before the Bench, and the jury having brought in a verdict of Guilty, were sen tenced to fourteen days' imprisonment in Brixton gaol. Henry John Dunstan. aged 19, was indicted for utter ing a counterfeit half sovereign, knowing it to be so, on the 9th of November, to John Legg, tea-dealer of Bletch in gly h . Te case was clearly proved. He was sentenced to twelvemonths' imprisonment in Brixton Gaol, with hard labour. Thomas Brooker, aged 16, Charles Martin, aged 16, Henry Howley, aged 13, three )ads, who appeared to be much younger than they are stated to be in the ca lendar, pleaded guilty to' charge of stealing a quantity of iron bolts, about 3 cwt., at Penge, on the 14th Nov. the property of the London and Brighton South Coast Railway. After admonishing the person who had re ceived the iron from the boys with much severity, the Chairman sentenced them to twenty-one days' solitary confinement. Mary Anne Menzies, an interesting looking child, of 13 years of age, was prosecuted by her own mother for stealing a pair of sheets from her. It did not appear, in answer to the Magistrate's inquiries, that the little girl had exhibited any particularly bad qualities before this offence was committed, and he reminded the mothr, in feeling term., of the duty which she ought to fulfil to one of such tender years, and expressed astonishment at the prosecution being instituted. The mother replied that Sir T. Reeves had told her this was the best thing that she could do for her daughter. In consideration of the circumstances of the case, the Magistrate sentenced the child to seven days' solitary confinement, and ex horted the mother to be more tender and careful of her for the future. Richard Waller, aged 30, was indicted for stealing dead rabbits on the property of Ralph A. Frogley, Esq. Ile pleaded guilty, and receiving a bad character, was sentenced to six months' imprisonment with hard labour. George Gillam, James Ayling, and Thomas Nichols, aged respectively 18 years, 23, and 24, pleaded guilty to a charge of stealing three loaves from the shop of a person named Hubbard, at Dorking. Alleging that want alone had induced them to commit the offence. They had slept the previous night at Kingston work house, and they stole loaves in the hope of being sent to prison. The CHAIRMAN said they would not like the situa don in which they had placed themselves, and sentenced them to 21 days solitary confinement, and to be once privately whipped. Two boys, named Morris and Scott, were convicted of picking pockets at Kingston Fair. Sentence of three months' imprisonment, with a whipping, being passed, they thanked the magistrate in the most hardened manner. Two other boys, named Lonyley and cook, aged 16 and 17 respectively pleaded guilty to the charge of steal ing a Dutch cheese at Wandsworth, and were sentenced to fourteen days' solitary confinement, and to be once privately whipped. BOW-STREET.—(THIS DAY.) Two ill-looking women, named Mullins and Hamilton, were charged before Mr. Jardine with stealing a purse, containing about 155., from the person of Ann White way (a Jewess), in Broad-street, Bloomsbury, at half past three o'clock this morning. The prosecutrix, who lives in Queen-street, Chelsea, said that at the hour mentioned she met the prisoners in Broad-street, and asked them to tell her where she could get a respectable lodging, offering to treat them if they would do so. They promised to do so, and went with her into a public-house, where she treated them to some gin. On leaving the public-house, Mullins caught hold of one of her arms, while Hamilton took the other, and each asked her to go in a different direction. While they had hold of her in this manner, Hamilton thrust her hand into her bosom, and pulled out her purse, which contained three half-crowns and some shillings she could not say how much. Both the prisoners then ran away. She gave information to the first policeman she met, and afterwards being sent for when the pri soners were taken, she went down to the station and identified them as soon as she saw them. Policemam E 66 said that he took the prisoners in custody. When they were searched at the station, three half-crowns were found on Hamilton, and two shillings on Mullins. Mullins said it was all hers, and a gentle man had given it to her. The prosecutrix was not sober. The prosecutrix admitted that she was not quite sober, but said that she knew what she was about. The prisoners said the money was Mullins's. Mr. JARDINE committed them for trial. DAY MARLBRO'-STREET.—(THIS . _ • Francis Hollifiers was charged with obtaining jewellery under false pretences to the value of 5004 John Reardon, manager to Mr. Phillip Norton, pawn broker, 21, Green-street, Leicester-square, said the pri soner came to their place of business on the 7th of January, 1845, and deposited in his hands a brilliant brooch, for 701., signing the agreement book. On the 9th of Januaryhe returned and deposited another bril liant brooch, on which he received 801.; on the 16th of January he deposited a brilliant ring, for 251., and on the 20th of the same month another brilliant ring for 251., making in all 200/., whieh the prisoner received on jewellery, signing the agreement book on each several occasion. But in the month of September following an action was instituted against Mr. Norton by the official assignees of Mr. Linnet, goldsmith and jeweller, Argyle place, to recover the jewellery deposited by the prisoner, as having been obtained by him from Mr. Linnet under false pretences. The property therefore was arrested and sold for behoof of Mr. Linnet's creditors. Mr. Linnet, goldsmith and jeweller, Bloomsbury square, and late of Argyle-place, said the first introduc tion he had to the prisoner, was, from his bringing him a workman in distress. In a few days afterwards he re turned, and represented himself as a hair-worker em ployed by the Queen, and got some few things, which he immediately paid for. After making another small pur chase, and paying for it punctually, the prisoner requested to have two diamond brooches, that lab might show them to the Queen, which witness, induced by the punctuality of the prisoner's previous payments, allowed him to have. The prisoner returned a day or two after and said the Prince had bought the brooches, and would give him a cheque for them on the Wednesday following, as that was the only day on which his Royal Highness paid cheques ; the p risoner, at the same time, got away two diamond rings for the purpose, as he pretended, of showing them also to the Queen. Instead of that, how ever, be beard afterwards that he bad gone and pawned them. The value of the whole amounted to somewhere 28% 1 1 / 8 p 127 1 ,! 2 6% 104 33:N 113 12% 6 % 1% 353/4 3% 1% 12% 4% 1% 13 1 % 4% 37 23 3 is 3% 1 1 A 38 11% 3 / 4 3 1 / 2 10 7 4 47 1 4 27% 11% INSURANCE COMPANIES. Dividend Amount Name of Company. per of Paid. Price Annum. Share. Albion . _ .............. -. £ a. d. £ a. 6. 31. 10s. 500 0 0 50 0 0 75 Ditto Marine....... Alliance Brit. and For. 6 per cent. 100 0 0 11 0 0 18% 6!. per cent, 100 0 0 5 0 0 5% Atlas ...... .. British Commercial •• 7s. per share 50 0 0 50 0 73{, I arici,Med. & Gen. Life Si. per cent. 100 0 0 210 0 10 county ••••••• • • • • • • • 31. 100 0 0 10 0 0 108. -50 0 0 5 0 0 - Eagle ....... ..... •• • • 6s. 50 A 0 5 0 0 33iXii Eng. & Scot. Law •• .. 5!. per cent. 50 0 0 2 0 aid. 0 20 3 European Life ••• • .. 5% per cent 20 0 0 All p Freemasons' .•••• • • • • 51. per cent. 20 0 0 3 0 0 Globe ..... .. .. • • .... 6/. per cent. Stock. - 1 43 I m perial .••• • - - . 12s. 100 0 0 10 0 0 -- Imperiall Fire ........ GI. and bonus 500 0 0 50 0 0 230 Imperial Life • • - • • • • Indemnity Marine - -1/. sh. & bs. 100 0 0 513 1 31 1/. ss. 100 0 0 10 0 0 - Law Life ..... • • • • - • • Legal an d General Life - 50 0 0 20 0 6% Lon don Fire , o ndon Ship -•• • •• •• . 10s. 25 0 0 1 2 10 0 15 mar i ne _ ... .. .... N. per cent. 100 0 0 15 0 0 - M e d. lnviid&Gen Life 4 % 1 . per ct. 60 0 0 2 0 0 - National Lean Fund.. 5/. per cent. 20 0 0 210 0 - National Life Palladium Life ...... 3/. N. pe r cent bs. . 50 0 0 2 0 P 0 2205 /. Os. Phcenix - - Protector Liib •• • • ... 5/. per cent. 20 0 0 1 0 0 24/. 6d provident Life •••• • • • . 1/. ss. 100 0 0 10 0 0 23 Rock Life •••-•• • • • • • • 4s. 50 0 010 0 4!4 Royal Exchange .• • ... 5/. per cent. Stock. - Sun Fire • - - 210 Ditto Life .• • 1/. 6s. . - - 49 Ualversal Life .. - DOCKS. Dlyidend Amount per of Annum. Share. Name of Company. I Paid. , Price. s. d. s. d 'ommercial • ..... 31. per cent. Stock. East and West Ind1a••• 6/. pr cent. Stock. East Country •••• • • • • 1/. per sh. 100 0 0 London • • • 3t. Katharine •••• • • • • 5 per cent. Stock. Southampton •••• • • • • 4/. per cent. 50 0 0 Name of Company Fast L0nd0n........ Grand Junction Vauxhall West liiiddlose . . WATER-VTORE.S. Dividend Amount I per of Annum. I Share. s. d. Si. 100 0 0 3/. 10s. 41 13 4 2k 10s. 100 0 0 Si. per cent. 100 0 0 , 51.53. pr cut 68 12 9 I 0 0 113 995( Paid Price.