The Sun. — London, England, 1846-11-25 00:00:00

TILF SITNi I, O.N _-_ Co ' R ET NEWS.-(TIIIS DAY.) , s _AIC: f 1 2i• CHANGE—WEDNESDAY ...we t b e - g 4 the arrivals of English Wheat since Monday het e, ttet!l Inoderately good, the show of samples of that article Waa very ~1 11°rnh ig, was small. The demand, therefore, Q n listths'entdY, at fully the improved currencies obtained atikttd. ID yeti', and at which a good clearance was -ert hell,--e quantity of froe foreign Wheat was pod s , 11 1 00, the sale for it was firm at extreme quotation . hi g h "4 under lock neat to nothing ' was doing, owing to the tatiepretensions of th • pot rs Malting and grinding ,13.1 WIS quite as de e ar nn , wi r th e a * steady inquiry. In *alt, 'e arls, ii)l°dere.te business was doing at late rates. Oats, Pte ' and Flour supported previous hgures. ARRIVALS. I Barley. I Oats I Flour. 380 qrs. 30 qrs. 1,230 ski. 700 150 I -- 1 4,110 870 1 Malt. qrs. P W e haa Vi nIITECEMPEZ. tetu.s'ilerajfahttu_ll averagesupply, e o a c Meat y, on sale to-day. Vial‘ te r rVag, the trade was heavy, on somewhat easier .., irom 2s 6(1 to 33 6d ; Mutton 3s 44 to 4s 6_d ; ' ;,- wile 03 4s 6d; and Pork, 3s 4d to 4s 8d per lb, by the „ r or u. ... • • .. .. ” . Wheat. 1,410 qrs. " it TING INTELLIGENCE BETA cRECEIVED THIS DAY.) , 1:1448 'llll'4G AT MANCHESTER.—FRIDAY. 8 t 1 1'.•15 to 2 st Van Tromp, 15 to 1 apt Epir te, ° ttsk ° " l a,,gst Pl anet ag , 25 to 1 agst Sister to Cobweb colt % (t4 ken n 4 , 8 to 1 agst Glentilt (taken), 33 to I agst Oldl'ort It Tk"5,,,t0 1 agst Johnny Armstrong (taken), 3a , to I freredc, hiss Iris colt (taken), 5 to 1 agst Scotts lot l ik , 41(144E11 Cur (ENTE R on Nor).-50 to 1 offered on the _ 11, il atiu r PEDESTRIANISM. 1 14 1-7„Of Bradford) AND J. Slum (of London).— Num' `7Yurds e off yesterday, at Bellevue n'ortl 7 2 . 4 4sinehester! e. ;r at e need not say that the Brad al tli — ; ha d a high reputation for fleetness of foot, byor wh Lsatue attribute -- is freely conceded to Smith, . 4t „'ee, t ° F"" l ' hin t in pedestrian circles as " the Regent -I th e " lienee considerable interest was excited, dis_ '''aYed Maud, despite the wetness of the day, relt kill Mend, assemblage. The men started t a . I, te Ntits -114t e 3 after one o'clock, after six or seven a nd ' 4 , lte D 1-)alith certainly tigo the lead at going 9ff ' a of 41,1111eEi1,„itWell 'until about 0 yards, when Brian s t Rieana --44, 3' near. It w however only a transien 41'''tigl(),,` hope for his - frie aa nds, for Smith . ran fleetly and — °i YarP 41R1 eventually came in the winner by a couple -..—5tt„,_......1. _ .. ________...........-..... Blu r , --NO.------v. 2:2------ The Rowena, b oard . onn, descripti , m of - 7 - arse : '-'-'—' wa; s — hould be rc.coinmentled by-the beneficed curates of that task s e 4 off Lynniouth;a. derelict, by the Coast Gu 3 a , rd ;18 r deanery. It was contended that this el . ga o b o „"Palm oil, and. seven bags of nuts, have ween washed applied to one class . of persons only, naiu y, shore, and secured t ?. ll :e tticK) N ". ' 2 1 —Sea Lark, bound to Tralce, reported 4r. it ~); . bottom 351. per annum. It appeared to hire that these l those whose incomes did not exceed the abov o e ra s s u r i e n . , tun b a caPsized near Ball bunion 19th inst., has drifted into I those r imrose upwars crew supposed to be drowned. I f i e m rr i e t d ed to in t‘ e v o o m c e las a s s es wa o s f , persons Ti n n a t m h :ly w ', il t l :t - is a w e n o ( f sueh . Su xatu , Irvin, Quebec; Thetis, Hug, Quebec. * sho re ne 8:Yov. 2 4.—The cargo of the Britain, Storey, on fi w e h e o d o c b u t r a a i t n e e s d o t i h t e ,he sp d e e e tt i n fi c e r d y r . , commendation of the bone Atbeeaßr Tynemouth, is being saved. ITQWcastle "Gil Nov. 21—The St. Lawrence, of and from il a ,, n ___ , he ro London, was in contact with a brig and p;t;tenap cp.iarter, but proceeded. dtarae ou o ' l . , Ziov. 22.—Part of the Achillts, of St. Ives, raw uore near Towin sands to-day crew supposed to be iost. The Hero of Acre,of Liverpool, ' was passed, 2d arri,:orlaterlogged, dismasted,nd abandoned, by the China, toi l at Bristol. 1 9t4 ia,.,-N"or• 21.—The Nimrod steamer was in contact, No; from Vali several vessels, among them the Wilhel sPrit uni Alexandria ; the Ann Laby which lost bow ii-IN_a_rul the Caroline Sescar, which bad stern stove. to bot;"'„"P.A. Wii, Nisv.23.—The Wave, Smallman, from Quebec off - 04 " . ..t, struck on the Arklow Bank last night, but came yeti sent and with loss of rudder. A steamer has lit al‘ ",L e to tow her up. Put i nto l 4t, Nov. 23.—The Joana, Sims, of Dundee, which het % uoly Island in a sinkin state, has been towed in liaa bed is discharging The cargo of the Elsina, Luckt, saved, but the vessel . is a ea tot o al wreck. 8AR.............. QUEEN'S BENCH.-(THIS DAY.) Mr. Edward Strutt took the oaths on his acceptance of office as one of her Majesty's counsel. Mr. Charles Buller, M.l'.,Judge-Advocate, was called within the bar, he having een appointed " one of her Majesty's counsel learned in the law." 1.1 N, WED 1,0251. to the prosecutor, as he was enabled to identify that much of the notes as his own. The police were at present in search of - Fabian, but Faulkner had corn• menced an action against the inspector to recover the railway scrip and the remaining b ank-notes, both of which it would be absolutely necessary to produce on the trial of Fabian, should he be taken; Under these circumstances, he (Mr. Hill) was intrusted to apply for an order to stay proceedings in the action until Fabian was tried.—Application granted. EXCHEQUER.—(THIS DAY.) LIABILITY OF PROVISIONAL COMMITTEEMEN. REYNELL V. LEWIS. WYLD V. HOPKINS. Upon entering the Court, the LORD CHIEF BARON pro ceeded to give judgment in these cases, as follows : In these cases which have lately been areued before us we think the plaintiffs seek to fix upon the defendants the liability of contracts, expressed or implied, and the question for the decision of the Court is, whether such contract was made by the defendant himself, or his agent, with the plaintiff, or his agent. This is a slues, tion of fact for the consideration of the jury, from the evidence before them, and it will be for the plain tiff to produce the proof in all these cases, in order to show that the defendant had en tered into such contract, expressed or implied expressly by making a contract with the plaintiff, im plied by giving the order to him under such circum stances as would warrant the plaintiff in concluding, by reasonable inference, that he was liable ; and if the con tract is not proved to be made with the defendant per sonally it must be proved to be made with an authorised agent on his behalf. In the case of a number of actions brought against provisional committeemen it often happens that the contract is made by a third party, and in such cases the point to be decided is, whether such third person was the agent for the defendant for the purpose of making such contracts, and whether the plaintiff entered into the contract as such. Again, the order may be conveyed by an express authority on the part of the defendant with such third person to make such contract on his behalf, but he may not give him a a general authority to make general contracts on his behalf; or it may be enough to show that a general rule exists. In point of law, this would be sufficient to prove the affirmative on the part of the plaintiff, as, for instance, in the case of a partner, when their relations are complete, one becomes, in law, the agent of the other in all purposes, which are necessary for their mutual interests, or the relation of husband and wife, in which the law considers that the husband makes his wife the agent, and in all cases the husband is bound by such contract. This agency may be constituted by the immediate action of the parties, that is, by merely giving authority to the agent, or re presenting any relation to exist between the parties similar to that which the law recognises and makes, or by representing the defendant to the plaintiff as the party making the contract, and that such third person was his recognised agent, or that he had relations to create him such ; and if the plaintiff really makes the contract upon the faith of the defendant's representa tions, the defendant is then made the party to such contract, and the representatives of authority upon the part of the third party pro ad hoc, asseTes that the re lations of agent are established between these. These representations may be made direct to the plaintiff, or made so public as to have reached him, or it may he made by word or by actual contrast. In all such cases it will be for the jury to find upon the evidence with the assistance of the judge who may try the case. There are few, if any, of the cases which have come before us in which the contract is entered into directly by the de fendant, but they have been entered into by other par e tied. In one case it was attempted to be proved by a conversation in which the defendant expressed his entire satisfaction et the expenditure which had been going on, he said the expenses were moderate, and that was evi dence ,to go to the jury, and entitled to more or less weight according to the circumstances of the case. tut the chief point of Mr. Martin's argu ment was, that the relation of a provisional committee man constituted an association or quasi copartnei ship, in which he was an agent for all the purposes, and liable for all the expenses incident to the preliminary proceed ings in obtaining an Act of incorporation; and that the mere fact of his being a co-promoter was evidence to go to a jury, that lie had authorised the contracts to bo entered into, and insisted that if there were no other evidence than the mere fact of the defendant having joined the provisional committee, yet that that was sufficient evidence to go to a jury to prove the liability of the defendant, and his being a party to the contract, and that authority was given by the defendant to every other provisional committeeman of the same company, to bind him for any contract connected with the Company, and that the solicitor in the suit bad the power to give any orders, and thereby bind the defendant. We think that no such consequence follows as res matter of law. The mere fact of the defendant being a provisional committeeman, such agreement amounted to no more than a mere promise on his part to the effect " I will act with other persons for the purpose of carrying forward some scheme," it may be in a committee or in any other body who have taken upon themselves to perform that duty subject to the approval of the general body, the acts are to be confirmed by the great body whom they propose to act fur. The agree ment to be a committeeman is an agreement to carry out a certain scheme under such circumstances as may have given rise to the scheme. The objects of a provisional committee may be various, it may be to establish an hospital, or any other charitable institution, to which persons are to subscribe, either for a charitable motive or any other, it may be to establish a school, or a place of meeting, in which the persons subscribing are to have beneficial interest as shareholders. It may be that a provisional committee is formed for the purpose of oic e caamscohl a n—lac n madka a rimsei l t cases, , charitable occasions tnotn o sbtherseo r l eese:d:i railway.namiffppaolerernrrogodepp whatever eeernreioptconsequences njt bohus i , ttece V ehdi hvgtie h echau a esroeesi t bn e ti jou iebebencjmsrl relationstee t:ah t ty h aeo oh e rfaefeemex o cacit b osnhi jtretdheedee memberckt s obtaining an Act for the construction of a bridge, a m ty a o yo la f t 6e a t i h n iet , minds nuo p gfp s a o a r t nh t m y oe e ss * ti ity n ee who may have to dispose of the facts of the case. Such associations as provisional committees constitute, how ever, no agreement to share in the profit or loss of the concern, which constitutes the real essence of partnership. It would be absurd to suppose that such a relation was meant to be made in any case in which a provisional committeeman consented to act as such. Now, applying these cases, in some cases there - is evidence, beyond the mere fact of the defendant being a member of the pro visional committee, there are some instances where the question does not seem to rest upon the same grounds, and where there is evidence that the defendant has not only consented to act as a provisional committeeman, but.has actually authorised his name to be inserted in the prospectus of the company. Now, in some of these prospectuses there are certain persons described as the acting committee, and in which there appears also the names of the solicitor, and the secretary to the company. In some prospectuses it is stated what are the duties and functions, and what the objects of the provisional com mittee; such prospectuses have, in many cases, been circulated by the defendant's express consent, and the jury would presume that if such prospectus were taken to the plaintiff, and that it bad been showed to him, and that he had acted upon such prospectue in the per formance of his contract; and the question. therefore, is, what inference should reasonably be drawn from the contents of such a prospectus. This would of course de pend entirely upon the terms of such prospectus, if it stated the mere names of the committee, and nothing more ; and if no light could be derived from it with reference to the intentions of the committee, then it does not alter the liability of the defendant, and he can not be responsible as a mere member of the committee; and the publication of the fact cannot therefore alter his position or relation. In some cases, however, there are acting committees, who take the whole management; of the concern instead of the provisional commit. tee. The functions of the provisional committee having ceased, or in such cases it may mean that the provisional committee have appointed an acting come mittee to act on their behalf, and to be their agent. In that case the provisional committee would be clearly liable for the acts of the acting committee. Again,ldo such prospectuses mean where the solicitor or the se cretary's name is inserted, that such persons are regu larly employed or appointed by the provisional cos mittee, or by the acting committee, on their behalf v ? T sin h e en ss , again, a n i another tach question to therises; what or bthu" se c r etary in question. In all th ose cases the results must depend upon the part icular terms of each prospectus, and the reasonable infe rence to be drawn therefrom. e Now, applying these observations to the two cases which have alone been argued before us, Reynell v. Lewis and Wyld v. Hopkins, we are of opinion that in the first case there was some evidence to go to the jury, we think that the manner in which the question was left to the jury was perfectly correct, but we thi n k there should have been a new trial upo n payment of costs, but we think that a new trial should be had evenett e jury; the case " Wyld v. nor and in order that the jury may have the opportu nit y of considering the facts of the case, accor ding to the i view e f to the go Court.oh kins," we Entertain much doubt whether there was an y d that in the case o f "- Wyld v op kips " a new trial should be h a d geraerally upon the whole merits of the case. .we therefore, `WHITE V. HARDING. In this cause, which was tried before Mr. Baron Platt at the Middlesex sittings at Nisi Prins, a verdict for 501. was returned for the plaintiff, for a series of assaults committed upon the plaintiff, who was a process server. Mr. liistowLus a few da3s since obtained a rule nisi for a new trial, on the ground of surprise. Mr. CHAMBERS and another Learned Gentleman bay in v 4 been heard against • the rule, and Mr. KNOWLES in support er it, The COURT ordered the rule to be discharged. BUSINESS OF TUE CounT.---The clerk of the court rave notice, that on Saturday next the Court would pro ceed to give judgment in ail the causes now standing for judgment on the new trial paper. COMMON PLEAS.—(THIS DAY.) The Right lion. Charles Buller M.P., w as thi s morn ing called within th e b ar as one of the Queen's Counsel. RE lIENSWORTII. The defendant, who had bern attacT)ed for contempt. in refusing to deli - er up certain wine vvalertuits, in com pliance with an award which had been •,to: s de ordel (.1 Court, was this morning brought up f or juAgmeDt. The LORD CHIEF JUSTICE said the hrpioo' ease came before the Court on the report of 'ca.ster, in which the defendant was taken up 0, an attachment for a contempt of Court, With . regard to the interrogations on which, attachen pe plaintitrin roceeded, it Ny-as shown that the "..4 1 efendant , formerly t th the co§e , - el, 'which the present • :Oceeding had ,THE QUEEN V. WATKINS AND OTHERS. The defendants had been found guilty on an indictment, at the instance of the Navigation Committee, of creating a nuisanceln the Thames, at Garden-stairs, Greenwich, by persisting in maintaining a pier there, after repeated notices to remove it. The matter was brcuglat before this Court, and an order was issued directing the Navi gation Committee to abate the nuisance. It appeared they had misunderstood the order, and at once directed the water-bailiff to remove the pier, and be accordingly did so on the 28th of July last, the defendants assisting him in its reir Jval, believing that he was empowered to do so by the order of the Court, but subsequently, find ing they were in error, they forcibly replaced the pier. Mr. WORDSWORTH now prayed the judgment of the Court on the defendants for transgressing the order of the Court. Mr. Sergeant SNEA, who appeared for the defendants, dwelt upon the fact, that the order had been misunder stood by the Navigation Committee, who, it was under stood, were to appoint a properly qualified person to see that the nuisance was properly abated, not absolutely re moved. The . pier could not nuw be considered a nuisance as a stone pier, which was objectionable, had been re moved, and access to Garden-stairs might now be easily obtained. After some discussion, on the suggestion of Lord Denman, it was agreed between the parties that Mr. Walker, the engineer, or a properly qualified person to be appointed by him, should be empowered to adjudicate and abate the nuisance with as little injury to the pro perty of the defendants as possible, the defendants to pay all reasonable costs. THE QUEEN P. THOMPSON. In this case a little had been obtained calling upon the defendant, who is an attorney of this Court., to show cause why he should not be struck off the rolls. Mr. WHITEHURST, Q.C., showed cause against the rule. His objections were—that the offence imputed to the defendant was clearly an indictable one, and, on ac count of the time which bad elapsed since , the . offence was stated to have been committed—namely, 13,':ceraber, 1844—whereas the rule was not applied for until last June. , The defendant was charged with the concoction of a scandalous conspiracy to obtain money under false pretences. He was charged with conspiring; with a person named Luke, who, in August, 1844, oc cupied some property in Northamptonshire, to concoct a fraudulent title in his name to some land, for the purpose of inducing a solicitor named Pell, or a client of his, to lend him (the defendant) 82/. or 1001. upon them, and that the defendant well knew that Luke had no title to the land in question, and that the whole matter was a piece of fraud; but then the rule was mainly moved and obtained on hearsay evi dence. Now he apprehended that the Court would not take any proceedings in a case in which the offence charged was a criminal one, and consequently indict able. Besides, if the case was allowed to proceed in its present form, the defendant might be betrayed into the admission of statements which might be used against him on his trial. The proper time to make such an opposition was, when the ulterior proceedings had been completed. In a case re ported in the sth of Barnwell and Adolphus. Lord Denman was reported to have said with re spect to a rule calling upon two solicitors to show cause why they should not be struck off the rolls for improper conduct, that the offence was an indictable one, and that the defendants should undergo the ordeal of a trial before such an application was made to the Couet. The Learned Gentleman cited a number of other cases which favoured his view of the case, and trusted the Court would discharge the rule. Lord DENMAN suggested that the matter should go before a master of the Court. Mr. WHITEHURST opposed the adoption of such a course, as the defendant preferred to have the whole matter brought before the Court, and as an investigation before the master would be most expensive; besides he anticipated that a private investigation would not be so effectual as a solemn investigation before a judge and a jury. Mr. JAMES called the attention of the Court to the fact that the defendant had become a bankrupt, and that he had been examined before Mr. Commissioner Fon blanque, who had refused to certificate him en account of his improper conduct. He apprehended that the Court ought not to dismiss the rule until further inquiry was made into the defendant's case. Mr. WHITEHURST explained that the money was lent on a bill at two months,-which became due on the 20th of December, 1844, the title deeds being given to Mr. Pell as security. The bill was not paid, and the pro.. perty to which the title deeds referred was put up to auction, but an arrangement was made between Mr. Pell and the defendant, by which he was to pay 101. a month until the amount of the bill and some other debt, amounting altogether to 1301., was settled, but the pay ments were stopped on account of the defendant becoming a bankrupt. The defendant, in the whole transaction, had acted as the attorney of. Luke, who set forth in his affidavit_ that he purchased_ the property referred to in felon h i t u e s m iy r e lc i:t e e d red the in 1826, a l n B d o3 th ; e tb t a it t ie h d is eed n deeds stolen; was that defen dant to frame new ones, which he did 3' • that the pro perty was his (Luke's); and that the reason the deeds were renewed was, in order that he might place them with Thompson for 821. los., which he had agreed to obtain for him for two months. Other affidavits set forth that it was well known that the pro perty did not belong to Luke, but to a person named Wyman, who only allowed him to occupy it on account of his poverty ; that the defendant had admitted that the deeds were fraudulent, and asked Mr. Pell not to take proceedings against him, which it appeared he indignantly denied. The Court should bear in mind that Mr. Pell was a solicitor in the same town, and that he did not take proceedings until the defendant became a bankrupt, and long after the circumstances had taken place. Mr. FLOOD followed on the same side, and urged in support of the discharge of the rule that Mr. Bell did not come into the Court with "clean hands " as he had brought actions against Mr. Thompson, which increased the 821. to 1261., and when an arrangement was made between them it was on the express understanding that, if any interruption took place in the payment of the instal ment, his claim shouldbe increased to 1501. The whole profit made by the defendant, out of the transaction in which Luke was engaged, was only 31. 65., a sum so insignifi cant, that it forbade the inference that a professional man would destroy his character for it ; besides, Luke's name was in the list of voters as proprietor of the land, pretty strong evidence that he, and not Wyman, was the proprietor. Mr. ROBINSON submitted, in support of the rule, that the defendant alone was to blame for not having before now appealed to the proper tribunals if he could prove his innocence. lie cited cases to show that the Court had interposed its authority, and struck solicitors off the rolls some years after the offences with which they were charged were committed, and held that this was a case in which the Court should so interpose, because it was incumbent on the Court to see that none but respectable persons were allowed to practise in it. Lord DENMAN stopped Mr. Robinson, and stated that the Court considered the case ought to be remitted to the master, before whom additional affidavits would be necessary. The Court had given its opinion with re! pect to the first objection in the case of " King," and considered that the second with respect to time was not tenable, inasmuch as the proceedings before the Com missioner of Bankruptcy justified the re-opening of the matter. BAIL COURT.-(THIS DAY.) (Before Mr. Justice PATTESON.) THE QUEEN V. THE TREASURER OF THE COUNTY OP CUMBERLAND. Mr. MANISTY moved on the part of the Keeper of the Queen's prison, for an order upon the treasurer of the county of Cumberland, to pay a sum of money towards the maintenance and relief of poor prisoners, as directed by the Act 53d Geo. 111., chap. 113, sec. 2. By the 2d section of that act, it was enacted that every treasurer of every county mentioned in the Act should, on or before the Ist day of August, in each, year, pay from the public stock of such county, a certain sum of money, according , to the terms mentioned by tb e Act to • the treasurer of the county of Surrey, to be applied to the relief of poor prisoners in the Queen's pn: ion. On reference to the schedule of the Act, it would • appear that the treasurer of the county of Cumberland, was to pay 101. towards the Queen's prison, and 51. to wards the Fleet prison. Then came the Act, 5 and 6 Victoria, chap. 22, by which the Fleet prison was abolished, and section 8 of that Act enacted that the money payable to the account of the Fleet prison, should be paid to the Queen's prison. By the 53d Geo. 111, it was also stated that in case of non payment, this Court, on the affidavit of the keeper of the Queen's prison, should have the power to make an order for the payment of the money. This was the first appli cation which had ever been made under the statute. Mr. Justice PA.TTESON—As it is the first application, you may have a rule nisi for an. order. The rule should be absolute. FAULKNER V. WALLER. Mr. I-Itra. moved for a rule to show cause why the proceedings in this action should not be stayed until after an indictment, which •was now pending in the Central Criminal Court, shot': td have been tried. The Learned Counsel stated that the defendant in this case was an inspector of the City police, and in the month of March last the two plaintiffs were given into custody upon a charge of forging railway scrip. When they were taken to the police-station a very considerable quantity of paper, in the form of railway scrip, was fou nd up on them, and also the sum of 1,0 . 251. in notes. Mr. Justice PATTEsorr--Do you mean genuine notes? Mr. HILL .said that the notes were genuine Bank of England notes. These persons were taken before the magistrates, and were remanded from time to time, until, in the month of June, they were committed to to.ke their trial upon the charge of forgery. The _Bank notes and railway scrip were handed over to thc defendant, as being One of the inspectors, ,to he prodtb;ed upon the trial. Mr. Alderman Gibbs made that order. The trial:Nias post poned, for some reason, :until the month :6f October, and during the interval the plain tiffs• were admitted to bail. At the October sessions the plaintiff Faulkner surren dered to take his trial, but the other plaintiff; Fabian, did not surrender, and his recognisances were estreated. Faulkner was, acquitted, but the Learned Judge, 'after tho trial, directed that 3601. should be paid out of the * 1- 6 '—cas' 4 1 . 11 ‘.!P - ilfrgi 4 They 4ANCERy._(THIS DAY.) 4 tt t -1.0111) Cu,. (lay at NELLOR sat in his Court at Westmin n Th e b. ten o ' clock. NEW QUEEN'S COUNSEL. e 'reNt '1%11,,t NEW Charles Buller, the Judge-Advocattiele mlli4l) ° , 01 the U d r- Secretaries of State for Yt°4l".°inegB' baT(l,,ldembern for e LiQkeard, was called this 04e Jesty h a - v . me Lord Chancellor within the bar, her °f her Ill g been graciously pleased to appoint him etlet Counsel learned in the law. The . Right Hon. Illetilb ers at o l i ii,l4‘ing received the congratulations of the "4e bar, withdrew. i Th is k►ig I _ eas e , t ,erutisTlAN V. FOSTER. lik,,-"^irdghi p out n the paper to-day for judgment, but --j 1ie1.t) . 13 I )o ned giving it till the first seal (Tues. The 13E/lit t ooRE v. LOWNDES. Th e Lehr, 414 re plied to-day in thisand case, judgment.' '"e hems; 4 iklict R postponed his I., 0 1" r ," 11. 4rilenegt e () , f t he Lt aPpeals of " Walford v. Adis," 11 '44 Navi n z, Green " were "Per, ro ' sp. 'lg thus dis ' posed of 41 the cases in his postponed; and . not'flaiE w -- before t welve o'clock. 84 .43 th e last day f term, and his Lordship will again till the firs se e al, Tuesday next. 1,,,_1101.t c-• ------ n.- -q4 II4 I ; AT L ' Z ' CO U it.T.—(THIS V. T A Ay I: 4O .) ---,GREEN GAS-WoRKS.-114-INEB r R - - JUDGMENT. 11j3 iI,NbERSLEY having replied to-day, Nati .duisbsulp delivered judgment.. Thu- (4 1 for • • defendants au injunction to restrain the erecting lieZ Proceeding with works which they He said this was were The question inteithe dwellinv-house of the p laintiff ' import ved • ~. . 1 / 4 ' f or the -4 ° . • la Was motion was one of greatest legal th e . e public had the Maintenance of such present case. i n t e T r e h s e t likkr contended for , in the in rights as 1114,116 F was possessed f h ro e m re ; S tef? 11114 which was situated a short distance from Ip k,k,' ~ k 13t,ieland posse s t s e e d e r o e b f e y t ft a th g e as d m e f a e n n u d f a a n e t t s ;ry a . n d Their up.on were proposed §4 7 re now in progress of erec . t ff ion. aa T fr h e e m on th ly e m m i a s : Veßthatlbar could ensue toe had the nothing tre of gas, and • to w apprehend . from t fs, si orks considered in themselves, and without Tlijbee to what was to be manufactured in them. was not to commence till m anufacture of the , consequently has s e mischief apprehended theby deee,„raiutiff was future—speculative —and —and if / Nile% of works were of that effects arfaecatreerd by y h t i h ch e litaktigrodtoce unquestionably those ._ ;4,1 001. 1 Lue Court would give the relief heresou h g e h e t e t u b l r d . tip %lent on all the cases any way analogous,. 1._.t0 i .," l th the exception of one particularthceasem, matter -- " 1 4 1 ilad granted an injunction before . . `', bite us ad by of law. Jeru sitici a t r, a court had no a na`,7 3 Rolls') Court acted w n a to T s ra h cl e e h p a r r l i n w el l a p t a l ntlizit ul h dolls') when biers r n ,' ;at had nun a n d p n on o *b a t or' 11 Pow n e w r .h t n o t p . W re a y s e wnuaisapee If _t wouldt give ;P I Z e l 4 4_ , r_ Zeit7 :ere insufficient n i t a t w o d e o eu j l u d sti n ce e . i be ti g h t 1. ,.. !tueq uitte a court the Court eider ihterfere. ethlion.w43' whetheicie was any instance a w nais. orders, then really to be hcoenre !lee e;? d ° gas works was to be regarded 1"... 118 ,1 10 n legal proceeding had determined t a e s su h c e h. sub l! Vted t. doubt,l very disagreable in any case :::444:::rte.:77,,,,tegoureiestftehffifeeceetsesoN:f;:a sdu volatileieffhe different e anst products:ciwuoe4slhna.t thesea T 1 arise eir eets the distillation of coal, but whether eensti.. -given iloti req that the plaintiff should Works,irpan a b e e d for i e ee ',ll:lea:lth their° ` 4 hi ~, Lo oking at all the circumstances, he consequenthad rQcti: ' - ' ° ''''er to gran injunction. u th rr e e y d ill piailt,.,_ . a titheoin a way 111 the aPplie t - • - that w H ou e ld sh n e o ul t l p d r w ec i l s u h _d o e ~,, un, in the event of obtaining 'Aii 4 ' . 'n to th , . • hi s case before .3 th r • - a Court, or of bringing iiir%Judge.a verdict, apply that iPIsLEY a lied, on the part of the plaintiff, tii,T ease should be allowed to stand over. WEt% 4:-'4Dillis said he had no objection, and the case ace ease ordered to stand over. 1. t .., t ) o*CHANcErty.......cr T HIS DAY. I/ ii% 1... a the VIC E - CRANcELLon of _ENGLAND.) his 10.1'4041. bin the last day of Michaelmas term, , 41 • ••'s Du 4 the Vice Chancellor of England took motions ~ kir,!ft,itintleornneinozf. any interest came before the Court Alpoint,s-marles Bull: M P for Liskeard, having been 3' eaii„, ,a Queen's Counsel, was in m lt is ici ' °Y his Ilen'our.within the bar. not sit aZairi tar Toes understood that the Court will the course of the Ivili. h e Tuesday next, the first seal, when his Honour eat Motions in his Court at Lincoln's Inn. .., (Before Sir J. WicatAbt.) aim, tsLAIa I'. nnoIn'LEY.—JuDGmENT. I, IliOitilterlt was delivered in this cause this morning. Nu "°=olitt said that at the conclusion . . o of the atil t 44111Ns he Ch adh expressed an opinion, to vvr!l? of `1` 11) -hered, t h must decide upon the liability ~-4:1 115 7 to paa the e amount claimed by the plaintiff: 4(344';111Y qiiesti3o'n t whether the act of William '114,137 should considered b e lvas'u o the act of the firm re o_f th aea tsC n e was one of the members. The false rcp as k IC) -8 of Bromley, must be admitted and taken irStilltr°l;,,tile firm, to - raise money for the purpose of ' t he d'• ‘u° Mortgage. There were some points raised tlvhsfhmtaeussio into which he did not enter, such as uY thee or notehe defendants were injuriously effected t 1,114- Wahl4t of William Bromley, which act u order n 'kiat, I.°Y constituted a suggestio falsi. a bkli 15 decia ien might be placed on as ln broad e ( Nesti,, 11A possible, he had looked into the law on 1:q11,4 teutt,,:-Et„ir:t (iiPvs, 4141 he belie to seP hOW this" tter could be treated at law, ~ e - ,raa 'ert ,rved he was correct when he stated that there .l by 1 i y o which q u th e e nee plaintiff could have had . l"tted C. I,linitation, for the evil effects that hadr of the intervention of the 11 4, 411 0 hire from the misrepresentations of William e ' l aie 1, e3 . Ile considered that this was a case which kid heNnimately within the jurisdiction of that Court, 1 / 4 Y tliew,„15111(1 make a decree that the defendant should , ""tley with costs. ili a 4 Jouno x v. JoNES.—JUDGMENT. , 4 de,„llorin also gave judgment in this case. ' e oov, - "e was made to enable certain parties to make /to kti la 'n,ce, rind ODD of those parties being n Order , who h a ice, the er a ,. d refused to join in the couvcy xe., Otte thl)Piled for was, that she should he directed to e. a w married e deed of indenture, which the Court granted. „_lli s //, PRIININGToN V. BercELEY. , ` 4l aDie vg delivered judgment in this cause, which The will the Court on Saturday last. tits u :la of the testator dircteteci that an income of a 4 tctrmunt was to be p 'd to as many persons The 4: ,iterest of his tack would admit. %ale T t 'on was who were the stack to which the in s!ich a t rld be g i ven. They were described as being %%tun enced curatos in a certain deanery in Not! ,tie " 5414 ries did not exceed 351., and who , , , 0 / ' /40 / ' ~4 0 0; 0 ;f Era 1 1 ` Jos t ott e ' 0-I°' s• Or s o° *I'RIP`, NES f)AY t EV_ENf 14:'0VENItEll 25, 1846. ' arisen, had been in repeated instances guilty of a con tempt of this Court, acting, on the advice, it would appear, that he could defeat the award the Court had previously opiered to be made. The defendant, how ever, would find any attempt of his impotent to defeat the enforcement of the award, and that he was utterly mistaken in supposing the Court had not full power to vindicate its rules and orders. It was their determina tion to render the law effective in such cases as this as far as the Legislature had given them power to do so. Though it was to a, certain extent uncertain whether the Court should fix a certain term of imprisonment, or order the confinement to be continued till the award, for the contempt of which the defendant was in custody, was fulfilled ; still they were strongly of opinion that any term of imprisonment they might order would not liberate the defendant from the contempt of the Court, but that he would still be liable to be brought up and committed for the same. The defendant was charged not with one act of comtempt, but for continued contempt, and any, term of imprisonment would not ex punge the liability, which could only be removed by the completion of the award, or by the payment of the value of the wine, spirits, warrants, &c., with the costs incurred, Looking at all the facts of the case, the Court were of opinioa that the defendant bad possessed the means of completing the award, and his not doing so, but acting in continued contempt, called for no consideration on their parts. With the object, therefore, of vindicating the authority of the Court, and giving effect to such awards, protecting the civil right of the parties interested therein, the judgment on the defendant was, that be be imprisoned for a period of two years, or until such time as he had paid the value of the property made in the award with the costs since incurred. The defendant was then removed in the custody of the officer of the Court. EDWARDS V. SHAW. This was an action brought by an attorney resident at Birmingham against th e pl a i n tiff, as Vice-Chairman and provision a l di rector of a railway compan y, f o r work and labour done on behalf of the said company. The action was to have been tried at the last Warwick assizes, but before the case came on, it was arranged between the parties that the bill of particulars should be amended, so as to give the defendant credit for 500/., whichle had paid. The action would then be for 300/.., the balance alleged to be due. Th e d e f en d ant d en i e d the liability, anthrough some mismanagement, which the plaintiff, in his affidavits, attributed to the neglect of the attorney of the former, the ease as amended, was not entered in time for trial. A rule was moved this term, on behalf of the plaintiff, to change the venue to Middlesex, and to have the declaration and issue amended. Mr. Sergeant Ryles and Mr. Mellor appeared this day against the rule ; Mr. Sergeant Channel for it. Rule made absolute. JACKSON AND ANOTHER V. MAGNAY-HEREFORD AND MERTHYR TYDVIL RAILWAY. This WAS an action brought against Sir Wm. Magnay, as one of the board of management of this line of rail way, to recover for goods sold and delivered on its be. half. Shortly after the action was brought a note was sent from the company's attorney to the plaintiff's at torney, intimating that if a fresh bill was made out, with the costs incurred in bringing the action, the company would discharge the same. With this understanding the record was withdrawn, and now the defendant moved for a rule to enter a nonsuit on his behalf. Mr, Lush moved for the rule on a previous day, alleging that plaintiff was no party to the arrangement with the com pany, and that he denied his liability. Mr. White was heard to•day against the rule, and Mr. Lush in reply. The matter was arranged that the rule should be discharged on the plaintiff giving a peremptory under taking to proceed to trial in the next term, and the Court so ordered. SECONDARIES'.-(THIS DAY.) The whole of the cases this morning were undefended, chiefly on bills of exchange, and none were of the ,lightest public interest. The Learned SECONDARY said that much unnecessary trouble and expense was saved by the plaintiffs obtain ing ajudge's order on the defendants to admit their sig natures to bills, as in a great number of cases the de fendants vexatiously pleaded non -acceptance, without having the slightest ground of defence. A verdict was given in each case for the plaintiff CRIMINAL. C_9yß__T_.-(THIS DAY.) OLD COURT': Joseph Jones was indicted for forging an order upon the Bank of England, for the transfer of 3/. 10s. Bank Stock, the property of George Edwards and his wife, of Ebury-street, _Pimlico. Mr. Clarkson was retained for the prosecution ; Mr. Prendergast defended the prisoner. George Clifden, one of the Bank clerks, testified to the stock standing in the name of the prosecutor pre vious to the transfer. Mr. Samuel Stephen Lowe, a clerk in the Long An nuities Transfer-office, witnessed the transfer on the sth of January last. George Edwards, a retired coachman, of Ebury-street, Pimlico, deposed that his wife, whose name before her marriage was Sarah Swift, and himself, purchased the long annuities in question on the 6th April, 1840. This stock he had never given authority to any one to dispose of in any way, and on the production of the Bank book declared that the signature in it was not his. He denied that the letter purporting to give the authority, which was also produced, was his, and said he knew nothing whatever of the transfer until he heard of it through a communication from his daughter. Cross-examined by Mr. PRENDERGAST—Cannot read or write. The four first years after their marriage they had lived together, but since that period they had been separated, and had not received a letter from her for more than three ears. He had given his wife the money from time to time to be taken care of, but what afterwards became of it he was not able to tell, though he believed it was to be put into the Bank. Mr. Thomas Crumpton, a stockbroker —Occasionally officiated for Mr. Baillie, another stockbroker, who had an office on the same floor with himself in Lothbury. In January, 1842, he had transferred 31.105. Long Annuities for that gentleman, at the desire of a person whom he believed to be the prisoner. He had sold the stock to Mr. Clement Smith, a stockbroker, and paid the money over to the person who represented himself as George Edwards, the owner. The Learned JUDGE reproved the witness for his want of caution in identifying a person at the Bank whom he had never seen before that time. Carlton Anthony Goring, now a private in the 31st Regiment, stated, that in 1842 be was clerk to Mr. Baillie, whose business Mr. Compton was in the habit of transacting when he was away from London. He confirmed Mr. Compton's evidence, and identified the prisoner, and also the paper which he had produced, as being Mr. Edwards' authority to her husband to sell the stock. Charlotte Arnold identified the writing of the pri soner. She had known him as Henry Clark. Mr. James Hunter of 34, Bloomsbury -street, had known the prison er under the name of Henry Hitch cock Barrow. The document produced, purporting to be the authority of Mrs. Edwards, was decidedly the prisoner's writing. Mr. George C ow ld rey , go ldbeater, of Eccleston street, Clerkenwell, stated, that he had known Edwards and his wife, the latter for twenty years. Knew the prisoner in January 1842. The last time witness saw him was on his apprehension on the 9th of September last, when Mrs. Edwards was with him, and they gave their names as Mr. and Mrs. Jones. lie had seen Mrs. Edwards in 1845, when he went with her to Mr. Peppercorn's, a stockbroker, to purchase some stock ; and, in consequence of what passed then the Bank porter was sent for, with whom Mrs. Edwards communicated, and to whom she gave a de scription of the prisoner. After that witness and Mrs. Edwards went to Mr. Baillie's office, and told that gen tleman what had passed. Mr. Edwards immediately afterwards went to the Bank. On the 4th or sth August he saw her again at his own house, in company with the prisoner at the bar, when she introduced him as her husband, under the name of Joseph Jones. Witness then immediately recognised the prisoner as the man, who had, some years before, called with a message from. Mrs. Edwards, and who then represented himself as. Mr. llandley's servant, of Newark. Some conversed= then ensued on the prisoner's change of name. At that time he saw a gold watch in the prisoner's possession,. which he knew belonged to George Edwards. Mrs.. Edwards at that time told him that her first husband: had been dead for two years, and showed him a ring on. her finger, which she said prisoner had put on. He identified the handwriting of the prisoner. The autho— rity was then put in and read. • Mr. PRENDERGAST addressed the jury on behalf of ;he prisoner, who found him Guilty. He was sentenced to be transported for life. seventy pawnbrokers' duplicates were found upon her when she was talu-n into custody. A verdict of guilty having been returned against the prisoner, she was sentenced to four manths' imprison ment. James Wilson, was indicted for stealing a quantity of metal piping, the property of Henry Murray, his master. It appeared that the prosecutor was an extensive plumber. The prisoner had been his foreman for three years. On Monday week he was observed by a police man to enter the shop of a mark e store dealer several times with a bundle, and information of the fact having been conveyed to the prosecutor, it was ascertained that the prisoner had stolen a quantity of lead, which he disposed of at ,the shop for about a quarter of its value. He was found guilty, and sentenced to six months' im prisonment with hard labour. THE EXTRAORDINARY ROB BERIES IN BERKSHIRE. ABINGDON, TUESDAY NIGHT.—The examination 0: the nitnesecs still continues, but, both yesterday and to day, have been partially private, as was that of Mr. Salisbury, a large maltster and brewer, taken this after noon, but of the testimony given in open Court the fol lowing is the most importan►. No other person has yet been arrested, but it is said Superintendent Wyatt has warrants for the apprehension of several who are impli cated by the evidence of the last few days. William Beeehey—About two years ago I was out of employ, and remember meeting Thomas Prior, the pri soner, on Si. Helen's-wharf. He was boatman for Mr. Pemberton. He and I had some conversation together. He told me he bad some malt and hops. He said he shoved his boat up a back way, pointing towards Abing don-bridge, and they got out six sacks of malt and some hops. One of the men present had a blue coat on, with pigeon tails, and a bunch of keys on his arm. Prior said he thought it was the foreman, and said, " Why, that must be Jones," but he said, he thought it was Gardener. From the description of the other one, I thought it must be Edney; and there was another man, whom -I did not know. Prior said that the man with the keys showed him about the place. " The brewery" was mentioned by Prior as the place where the malt and hops were got from, and by his saying he shoved his boat back up the water, I thought he must mean Miss Spenlove's. I understood he was going to take hie ; boat Birmingham way. This transaction was a common talk about the wharf at the time. I heard it spoken of twenty times. Prior told me he looked out in the night, and saw " Old Dusty" trying to take one of the sacks out of the boat, and he called out to him, " Let 'urn bide," and then " Old Dusty" cut. He soon after started with his boat. I don't know what Dusty's name is besides " Charley." (By "Dusty" is meant a man who has absconded.) The evidence of another witness proves a loss in Miss Splenlove's stock before the management was confided to sir. Marshall. The interest as to the result of the inquiry daity in creases, especially in Oxford, in consequence of the re spectability of the alleged receivers in that city. THE LATE COAL-MINE A.CCI- DENT AT OLDBU RY. BIRMINGUAM, TUESDAY EVENING.—The jury before whom the inquest was held at Dudley on the bodies of two of tee sufferers, late residents in Worcestershire, by the coal-mice explosion at Dudley, returned & ver dict last evi-ning.of manslaughter against Thomas Harris; ground bailiff at Newbury pit—a verdict which has ex cited the strongest sensation in the district. The adjourned inquest at Oldbury, in Staffordshire, was resumed at the Talbot Inn there to-day. The Coroner, before proceeding with the business, stated that efforts of a benevolent character had already been made with a view to. relieve the distress occasioned by the late accident in the mine. Charles Kennedy was the first witness examined., He had worked in the mine two years ago, but left on ac count of the sulphur that was in it, which he believed to have arisen f rota the detective character of the ventila tion. The witness, on cross-examination, admitted that a new gate road had been made since he left, as :shown in the plan. He had been twice burned in the pit. Mr. John Brittle, mining surveyor, Dudley, had exa mined the pit with Mr. Yardley and Mr. Silas Elwell, yesterday, from one - end to the other, and only found sulphur in one part of it. He attributed the explosion to the fact that one side of the work was not properly ventilated. Ile considered the place where the men were at work sufficiently ventilated. The state of the atmos phere affects much the condition of the sulphur in mines. Tuesday last was a very bad day to work in pits. The colliers in several pits were at play that day, in cense quende of the sulphur in them, engendered by the damp and foggy atmosphere. Mr. Yardley and Mr. Elwell gave evidence to the same effect, both insisting strongly that the state of the atmo sphere had much to do in causing the explosion. The OORGNER then summed up the evidence, and the jury returned a verdict of "Accidental death ;" but ex pressing dissatisfaction with the ventilation of the pit. DREADFUL ACCIDENT ON THE LONDON AND NORTH --- WESTERN RAILWAY.--MANCHESTER, TUESDAY EVEN INC—This morning a collision took place on the Man chester and Birmingham portion of the London and North-western Railway, at Stockport, of a serious cha racter, but fortunately attended with no loss of lite. The forty minutes past nine o'clock train, which left Manchester this morning for London, had just passed over the lofty viaduct which crosses the Mersey at Stockport, about seven minutes to ten o'clock, when the engine came in collision with a coal train, one of Lord Vernon's, which had passed the shunts to get upon the London (or up line), about nine minutes to ten o'clock, when the Superintendent of the Stockporte station stopped it, and told the engineer that the train from Manchester was due in a minute or two, and advised him to back upon the down iine until it had passed. The engineer had proceeded to do /0, and the whole of the carriages had cleared the up-line, when the passenger train ar rived, and came in collision with the tender and engine. The collision was dreadful, causing the engines of the two traps to rear up almost on end, and fall off the line. The front of one engine and the rear of the other were broken badly, and one of the buffers of each were broken off. The tenders were also considerably damaged. Se veral of the passengers were severely bruised and in jured, and one had three teeth broken. They were all conveyed to the Stockport Infirmary,' a very short dis tance from the spot, and had their wounds attended to. Four of them were able to proceed by the train, which was not, however, in motion till about one o'clock, having been detained three hours. The shunts at which the accident occurred . was: only seventy yards from the Stockport station, where the passenger train was to stop, and it appears the engineer was to blame in not having slackened bis speed sooner. Indeed, the signal was up for him to stop before arriving at the station, which he ought to ,have seen at nearly a mile distance. The en gineer and guard of the coal train had both jumped oft their engine before the collision, and escaped unhurt. Charles Win.terbottom, the driver of the passenger train, jumped off, and had his ankle sprained, and John Fox, the stoker, had his foot caught between the engine and tender, and slightly hurt. DARING PLATE - ROBBERY.—Yesterday, at the Greenwich Police Court. an elderly man of shabby genteel appearance, who gave the name of John Jackson, and a young man similarly attired, named Thomas Thorpe, were brought up on remand, charged with rob bing the house of Mr. William Hall, a merchant, of Wood-street, Cheapside, whose country residence is at Catford Bridge, near Sydenham, of a silver cruet stand, gold cayenne spoon, silver salt spoons, and a number of table spoons, value upwards of 201. Ann Ward, house maid in the prosecutor's family, stated that on Thursday last she was directed to lay the cloth in the dining room, the window of which was partially open, and is situated about twenty yards from the high road. She did so, leaving the articles above enumerated on the table, from which they were missed a short time after. The article:: were missed about two o'clock. Police constable Carpenter, of the detective force, stated that on Thursday last he was on Blackheath about two o'clock, when he observed the prisoners' near the upper gate of Greenwich Park. He saw the prisoner Thorpe pass a bundle or parcel to the hands of Jackson, who deliberately walked away, and, suspecting there was something wrong in the trans action, he went up to the former, and asked him what he was doing there, and what he had in his possession. Thorpe drew a packet of black lead from his pocket, which he said he was in the habit of selling. Witness then asked him what was contained in the parcel he had given to the other paisoner. Thorpe replied he knew nothing of the parcel nor the other man. He then left Thorpe and hastened after the prisoner Jackson, who, upon observing him, ran away, and he ran after him. On the -way he saw Jackson endeavour to throw' the bundle over the park wall into the garden of Mr. Ky naston, of Crootn's-hill, but which fell short. He picked up the parcel containing part of the property, and with the assistance of other persons who ran to his aid, se cured the prisoner. Lie gave Jackson into the custody of another constable, and then went in search of Thorpe, whom lie subsequently apprehended. The prisoners were committed for trial. ACCENTS YESTERDAY. —Emily White, aged 18 months, whose parents reside at No. 12 , Bermondsey street, Southwark, had been placed in a chair by its mother, and during her temporary absence a saucepan of boiling water fell from the fire over her face, arms, and neck, whereby she was frightfully scalded. She was remored to Guy's Hospital, whither she was con veyed in a blanket, in dreadful agony: and Rebecca North, aged five years, residing at No. 1, Grange walk, Bermondsey, whilst standing on the fender, set fire to her clothes, and, before the flames were extin guished, she was shockingly burned. She was taken to the same hospital. Slight hopes are entertained of the recovery of either. PEACE VERSUS WAR.—A very large meeting was held at the Hall of Commerce, in Threadneedly-street, on Tuesday night, for the purpose of hearing Elihtt Burritt, " the learned American blacksmith," deliver a lecture of the abrogation of war, and the establishment of universal and inviolable peace all over the world. At eight o'clock, the hall, to which there was free admission, was crowded in every part by a very respectable audience, of whom a large number belonged to the " Society of Friends." Immediately after that hour Elihu Burritt commetced his lecture and continued it without inter mission for nearly two hours. " The learned black smith" seems like one who has laboured rather in the study than in the smithy, and does not exhibit much of the rolonst physique of the forge. His features are strongly markt d, though of a mild and rather intellec tual expression, and his delivery is characterised by the slow oracular kind of pronunciation which is attri buted to our transatlantic brethren. For nearly two hours, with a strong, rough, but monotonous, and not very distinct voice, did the lecturer declaim on the misery and sinfulness of war; its opposition to the precepts of the Scriptures, and its violation of all the softer feelings of humaility, aiding his memory from time to time with yen/ copious nutes. His argument was founded on. the preaching and practice of our Saviour, and he con tended that undfa no possible circumstances could Chris tians just ify an appeal to arms. Towards the close of the proceedings he was highly applauded, and the thanks of the meeting were given him by acclamation, and long-eontimied and vehement applaUS. ‘.T I'CTION. ib+.llt t , :ge,t , i f'ir a lw ~‘r 0 1:1 in, NF mortii tti t.! lr. S;ritlt 4' th the I) , ,•0;11,. nt-fitre, Ivns r=ain* by at the; ivie, ~ t ,;N- lwr lwr arm ahi)ve the wat-r, he gave au alarm to another gentlaman who was at a short distance, when, with his assistance, she was drawn to the side. The Humane Society's men then came up and took her to the receiv ing house. She appeared quite dead, but we have since learnt het animation was restored. NEW COURT. Thomas Watkins and John Hill were convicted of stealing rags to the value of 10s., from the warehouie of John Beamish, the master of Hill. Watkins, who had been before convicted, was sen tenced to seven years transportation ; and Hill, who was believed to have fallen into the hands of an old thief. to six months' imprisonment. , , the property of MIDDLESEX oeat at the bar, the police convicted about twenty m w" (THI t S i D es A i Y n .) :isCourt, SES SIONS. s ce e d onsequently ordered to Ann Davis, an old offender, who h a d b een already in dicted for stealing a quantity f Joseph Smart. the dprtihsoenperrisboenienrg pwlaa constable, who had charge of the case, was not in at tendance,ljpont be discharged for want of evidence. The Learned ASSISTANT -JUDGE commented strongly upon the neg li g ence of the constable, and ordered hi his I recognisances to be estrea ted. Thomas Montgomery, another. well-known thief, was indicted for stealing a handkerchief, the property of Some person unknown. Mr. O'BRIEN, who appeared on behalf of the prisoner, took an objection to the form of the indictment, on tb e , ground that the property was described as belonging t o some person unknown to,the jurors, while in point cif fact the depositions showed it to be the property of El. person named Frederick Martin. The Learned ASSISTANT.JUDGE coincided in the ob jection, and remarked that this appeared to be a parti cularly lucky d a y for thieves and pickpockets, as' it• seemed fated that the more. notorious they were the more likely they :were ;0 escape—no less than four et the best known in the calendar having eicaped that without even even entering upou theJnerits of the charges. • . against them. : • - • . . Elizabeth Beazelcy wa s indicted for robbing her fur nished lodgings of a quantity of bed clothes and furni ture, the property of William Hales. The prisoner must have been carrying on an extensive s y s tem of plunder , not alone in the lodgings where she was detected, /Alt alsajn etlyx _pltices,..as uprogily of CLERKEN Wt.LL.--(THIS DAY.) Thomas Whitehall, whose head scarcely could be seen above the bar, and who stated his age to be only 15 years, was charged with robbing his employer, Mr. Thor as Dobell, linendraper, 38, Leather-lane, Holborn, Police-constable 153 N stated that last night about twelve o'clock as be was passing the door of a brothel • in Henrietta-street, Shoreditch, he saw the prisoner, who hada large bundle with him, standing inside , tal kin g to a female. Discovering him to be an apprentice of Mr. Dobell's, he went up and asked him what he was doing in such a place at that hour, and also what he had in the bundle. The prisoner replied that he was taking the parcel to a lady at Lansdown-terrace, but not be lieving the story the constable took him back to Mr. Dobell, when the property was found to have been stolen from the stock: Mr. Dobell said he was knocked up out of his bed that morning by the constable, who inquired after the apprentice, when he said he was in bed, as he had no idea he was in the habit of getting up after all the rest had retired, and letting himself out with a second street-- door key, of which he had possessed himself. Mr. Dobell identified the property, which consisted of table cloths, napkins, and other articles, although he found that the private mark of the firm had been partly effaced with some kind of acid. _ _ _ _ .The policeman said he had ascertained that the pri soner, young as he was, had been in the habit of visiting the house in Henrietta-street for a considerable time. The prisoner was fully committed to take his trial. WATERFORD AND KILKENNY RAILWAY COMPANY.—(THIS DAY.) The half-yearly general meeting of the proprietors of the Waterford and Kilkenny Railway was held this afternoon, at the London Tavern, Bishopsgate-street; the Hon. 1 3 4 S. Butler, M.P., in the chair. The report stated that the first contract, embracing a distance of 51 miles from Kilkenny to Bennett's-bridge, was nearly complete, and it was proposed to lay the rails on that portion within a few weeks. Another contract including a heavy viaduct bad been let, and it was anticipated the works would be so much advanced in March next as to admit of the line being opened from Kilkenny to Thomastown. ..The directors proposed to make the Meeting special, for the purpose of taking powers to borrow money. Negotiations had been going on with the Government for a loan, but owing to the intricacy of the machinery with which' the Board of Wcrks had been trammelled, they had as yet proved unsuccessful. Hopes were entertained, however, that Government would shortly see the expediency of advancing money to expedite the progress of lines in the position of the Waterford and Kilkenny Railway ; and if those hopes were realised, the whole of the line could be proceeded with without any call being made upon the shareholders till June,,_ M 1847, when it was pro posed to call up 31. per share. t could only be done, however, by the indulgence and assistance of the share holders ; and unless the arrears of calls were called up, the line must stop at Thomastown, and even the open ing of the line to that extent would be much delayed. Several shareholders complained of the complicated manner in which the accounts were kept, and of the ex penditure being extravagant, and eventually, after a lengthened discussion, the report was adopted, and a committee appointed to inquire into the state of the ac counts, and to report upon the future prospects of the company. Power was then taken to borrow money from the Go vernment, and the meeting terminated. MADRID AND VALENCIA RAIL WAY COMPANY.—(THIS DAY.) This day, at twelve o'clock, an adjourned general meeting of the proprietors of the Madrid and Valencia Railway Company was held at the London Tavern, Bishopsgate-street. Mr. Chadwick took the chair. The SOLICITOR read the case which had been sub mitted to counsel since the last meeting. The case en tered into are the particulars connected with the attempt to constitute the company, with which the public are already familiar. The principal points submitted to counsel were the following : " Ist. To suggest to the company what steps the directors ought legitimately to adopt, to effect a dissolu tion of the company. " 2d. What majority of shareholders in Loudon could dissolve the company. " 3d. How the company should be dissolved, iuppos ing the English shareholders had not the power." Messrs. Robert and Whaley, the counsel to whom the case was submitted, were of opinion that the English directors had no power to alter the constitution of the company, that it could not legally be dissolved in Eng. land, and that it was affected by the Spanish law, no English Act of Parliament, applying to railways, em bracing it. The CHAIRMAN deeply regretted the unavoidable absence of Dr. Bowring, who on the occasion of the last meeting had suggested the course which the di rectors had since pursued. He for one would do all he could to carry out Dr. Bowring's views ; but from the opinion which had been submittd to them, they would learn that very serious obstacles lay in the way of their putting an end to the company as had been desired by a large body of the shareholders. He was in a position to state that negotiations were pending with some large capitalists, by which, if carried into effect, the discontented shareholders would be paid off. As soon as the arrangement was duly perfected a public announcement would be made, and a meeting of the shareholders called. Beyond that nothing could be done by the directors, who would for their own sake do all they could to promote the affairs of the company. Mr. DRURY understood from the speech.of the Chair man that the directors were in treaty with some men of capital, that agreement if carried out was tantamount to a sale of the line, and he moved that the directors be empowered to sell the line immediately.—(Uproar.) Mr. BIGG thought the meeting would have a diffi culty in adopting any substantive resolution, and advised a delay. Mr. LINDOW could not avoid attaching blame to the directors for having promised to the proprie • tors in February last, and so late as July, that the Spanish money would be forthcoming. If the Spanish shares had been forfeited, according to the terms of the letter of allotment the Spanish people would have had 'nothing to do with the line, and they would then be in a condition to dispose of the company. But he was of opinion that the proprietors in England could dissolve the company, and felt surprised, knowing Spain so well as he did, that the Spanish people were such fools as to have anything to do with the line. A long conversation ensued upon the propriety of allowing the Spaniards extended time to pay up on the shares allotted them, which was ended by Mr. HARVEY rising to move the adjournment of the meeting. In the course of some eloquent and humor ous remarks he made upon the affairs of the company, he disclaimed impugning the integrity or the talent of the directors ; he firmly believed they had done all they possibly could to promote the interests of the propieters. But be thought they were entitled to, and could obtain, better terms ; and as to there being any difficulty about dissolving the company, he considered that exaggeration had been indulged in to intimidate them from proceeding vigorously. In the. Cornwall and Devon Central a similar difficully had been started to impede dissolution, but, although he had been thwarted by the directors of that company, he had filed his bill in Chancery, and, although beaten on a de murrer before the Vice-Chancellor, he had appealed to the Lord Chancellor, and the effect of that movement was, that he had, a few days since, been paid for the shares, premium and all, together with the costs of the suit, by the directors of that company. They were not in a worse position; and he advised them to wait, and by all means repudiate the negotiation of the directors at Madrid. He would take 28s. per share down, and a reversonary hope of what might be got out of Spanish honour ; or he would take 30s. down and sign a general acquittance and distance. The Hon. Proprietor's very characteristic address was loudly cheered, and the adjournment carried by ac clamation, the time not to exceed six weeks, to be in the discretion of the board of directors. JUPITER AND HIS MOONS.—There will be a most beautiful and interesting grouping of the moons of Jupiter on the evening of the 2d of November at nine o'clock, when all will appear to the eastward of their primary in rare and close companionship ; the second l and fourth moon occupying a position nearly paralle with the belts, and once his diameter fro m his lim b; t he first and third parallel with his equator , and distant two - and three diameters. Owing to the rapid and now op posite motion of the first and second satellites this con vocation of worlds will be of short duration, and the beautiful group will separate; but not as a distinguished lecturer has said " never to meet at the same time on the same side of their magnificent primary ;" but again, ,on the evening of Dec. 30, at 7h. 16m. mean time, as if by mutual concert, they congregate and occupy the opposite or western hemisphere ofJupiter, where in bold and beautiful relief they will exhibit the same triangular configuration as described on the: 21. The belts of Jupiter, which for a series of years have exhibited m arked inequalities of distinctness, this year are strong and well defined.—New Bedford (United States) Mer cury. TIIE LONDON CITY Missmiv.—Last evening the fourth annual meeting of the members of the North London Auxiliary to this Association was held at the Dlusic Hall, Store•street, Bedford•square. The Rev. Lord Wriotesley Russell, M.A., presided, and was sup , ported by the Rev. Thomas Mortimer, the Rev. W. R. llibdin, the Rev. E. Bickersteth, R. C. L. Bevan, Esq., and several other clergymen and gentlemen. From the annual report it appeared that during the four 3:ears of its existence the anxilinry 27;,w , intinn had retritt,:d to h e I,r_trent .506(43' tip , t *l llll of P2st. By. Illf L m id ot , City Missiott 160 agents were, employed, who devoted their . w h o ie time to the work of vi4itin4 the poor in their ‘iwn habitationr. The r , port :;116wed in detail that the church accommodation of the metropolis was only for 351,290 persons, and the chapel accommodation 601,418, of a population of 2,103,279 persons. The report was adopted, and resolutions expressive of confidence in the mission, and pledging the meeting to its support, were passed. . . COURT CIRCULA R• The Queen and Prince Albert took th, sir accustomed early walk yesterday, in the gardens and pleasure grounds of Osborne House. His Royal I %Thum Prince Albert afterwards rode out on horseback. Their Royal Highnesses the Prince of Wales, Prince Alfred, the Princess Royal, and the Prince us Alice, rodo out on ponies yesterday. Her Royal Highness the Princess Helena was also taken an airing. Mr. Marjoribanks, Mr. W. Ewart, and a deputation of the College of Preceptors, had an interview • with Lord John Russell yesterday at his official residence in Docvning-street. Mr. _Arthur Crooke, from Liverpool, had an interview with•the Chancellor of the Exchequer yesterday , at his official re;jdence in Downing-street, and presented a memorial rescecting sugar. Mr. Gregor/ had an interview with Earl Grey yester day at the Cele/nisi-office. The Bishop of London had an interview yesterday with Lord John Russell. Mr. Warburton had air interview yesterday with the Chancellor of the Exchequer. The Rev. W. A. Soames, Vicar, Mr. E. W. James, Vestry Clerk, and two other inhabitants of the parish of Greenwich, had an interview yvilh Sir George Grey yesterday at the Home-office. The Chancellor of the Exchequer and Lady Mary Wood had a dinner party yesterday at their residence in Eaton- square. Lady John Russell had an evening party yesterday at her residence in Chesham-place. The Duke of Wellington left town yesterday for his seat Strathfieldsaye, Rants. Dispatches were sent off yesterday evening from too Colonial-office for the Governor of Ceylon. THE LATE FIRE. TO THE EDITOR OF THE SUN. _ SIR,—An exaggerated account having appeared in your paper of a fire that took place at one of our branch factories, quite detached from our principal works, we beg to state that the total lolls is under 2,0001., that the greater part is insured, and that it will not interfere, in the slightest degree, with the conduct of our business. , — We arc, Sir, your obedient servants, Sutton-street, Clerkenwell, PALMER and CO. Nov. 25, 1846. We.are authorised in stating that the Count de Montemolin, or, as he is called by his adherents, his Majesty Charles Luis King de jure of Spain, arrived in the metropolis on Sunday night. His Royal Highness travelled under the strictest incognito, and was accom panied only by General Montenegro, and his private secretary, Don Ron3ualdo Mon. The Marquis di Villa Franca Duke di Medina Sidonia arrived in London a few days since.—Times. IMPORT OF PROVISIONS FROM THE UNITE)? STATES. —The Saranak, which arrived at Liverpool from Phila delphia on the 21st inst., brings 2,854 barrels of flour, 12,000 bushels of wheat, 5,000 bushels and 40 bags Indian corn, 30 casks of beef, 9 casks of bacon, and 7 barrels of potatoes. SUPPRESSION OF GAMBLING AT LUCCA.—(Extract of a letter from Italy.)—His Royal Highness the Duke of Lucca having had experience of the rain which gam bling tables have entailed on many visitors to the baths of Lucca, has by a royal ordinance, dated the sth No vember instant, suppressed all games of hazard in his dukedom ; and has directed that the casino erected at the Baths of Lucca, for the convenience of strangers, he converted into a reading room, &c., as well as that at Viareggio. COLLEGE OF PRECEPTORS.—Yesterday a deputa tion of gentlemen conducting private boarding schools, in different sections of the country, headed by J. Majori banks. Esq., M.P., and T. Ewart, Esq., M.P., had an audience of Lord John Russell, on the subject of the recently formed College of Preceptors. His Lordship received the deputation graciously, and patiently listened to a detailed plan of their future movements. FRIGHTFUL CASE OF STABBING.—We are very sorry to have to record another of those unfortunate collisions in which the use of the knife has been resorted to, with, we fear, too great a probability of a fatal result. The particulars of the case, so far as we have been able to learn, are as follow :—At about one o'cicck this morning the attention of the police was drawn to a squabble between two sea faring men in South Castle street. When they came up it was found that one of the men was stalibed in the belly. The other was im mediately arrested, and on him was found a large broad pointed clasp-knife. The injured man was conveyed to the Northern Hospital, where he now lies in a most pre carious state. The wound, from which his bowels were protruding, is a little below the naval and about two inches long. His name is Charles Winslow, and he re sides at a boarding house in Barton-street, having re cently arrived from St. John's, New Brunswick, in the Champion, of this port. Liverpool Standard, of yesterday. PRICE or LAND.—Yesterday, by an order from the, Court of Chancery, a piece of land, known as the Gospel Oak and Five-acre Fields, lying between Kent ish-town and Hampstead, so called in consequence of the bishops preaching the Reformation at that locality, beneath an oak, which is at present standing there in the last stage of decay, was put up to auction at the Gray's Inn Coffee-house, for the purpose of the erection of villas. The land was exonerated from land-tax and tithe free, save a payment of 4d. per acre, and a pay ment of 4s. yearly rent to the lord of the manor of Tottenham; it formerly being copyhold of inheritance of the manor of Tottenham. There were but little more than two acres, which sold for 1,4001., or 7001. an acre. THE ROYAL FAMILY OF PORTUGAL.—Though the probable result of the present struggle in Portugal is a problem that ordinary persons seek in vain to solve, it would seem that in very high quarters the difficulty is not so great. We judge so from a circumstance that has been stated to us on apparently good authority. We are assured that orders were given, before the departure of the Court for the Isle of Wight, for the immediate pre paration of aprtments in Windsor Castle, in case the Queen of Portugal, and the King-Consort—first cousin of his Royal Highness the Prince Field Marshal—should find it advisable to avail themselves of British hospita lity. Arrangements are also made for the reception of their Majesties four sons and two daughters, who may naturally be expected to accompany their royal parents in this involuntary visit. It is added that the mysterious mission of Colonel Wylde, about which people have wearied themselves with conjectures, had reference sim ply to the offer of this asylum to the royal family of Por tugal.—Morning Post. On Saturday night last, while a gentleman, who had just returned to Glasgow with the train from Edin burgh, was passing along London-street on his way home, a young fellow, dressed in moleskin clothes, suddenly rushed out of the through-going passage leading down St. Andrew's-lane and darting his hand into his vest pocket carried off his gold watch, gold guard- chain, ring, and key, along with a button of the vest to which the guard was attached, making his escape by the same entrance from which he emerged. The whole was the work of an instant, and the villain was off before the gentleman had discovered his loss.—Glasgow Herald. MADAME ANNA Bisnor.—The engagement of this accomplished vocalist, at Drury-lane Theatre, will ter minate, on the 23d of December, after v, hieh Madame Bishop will make an extensive tour to fulfil her engage ments in the psovinces. MADAME EUGENIA. GARCIA..—This vocalist, who was the Prima Donna in turn at Drury-lane, the Prin cess's, and the Surrey, seems to have surprised the ama teurs at Rovigo, for she was called for at her benefit, it we are to believe the France Musicale, 58 times 1 ! in one night!! DUPREZ.—This artist having dedicated his "Art of Singing " to the Duchess de Montpensier, her Royal Higness has presented him with a magnificent pencil case, surmounted by a rich diamond, accompanied by a letter, in which the wish is expressed that the pencil may serve to write another of the too rare vocal gems which Duprez has yet published. G E RMANY.—Mendelssohn's Paul has been given in Vienna by 1,000 executants, Staudigl being the principal singer. Liszt has gone to Constantinople, and Ernst is about to visit Russia. Conradin Kreutzer has been no minated successor to Nicolai, at the Court Opera, the latter going to Berlin. ATTEMPTED MURDER.-1001. REWARD.—Yester day's Government Police Gazette contained the offer of the above reward for such informatiun as will lead to the apprehension and conviction of the individuals who, on the evening of the 20th ult., caused such injuries to Mr. David Congreve, near his own residence, on the Holbeach Turnpike-road, by shooting at hi m w ith slugs, as to endanger life—viz., 501. by her Majesty's Govern ment, and 501. by Mr. avid Congreve. Lord ,Brougham left Paris on Monday on his return to England. ANOTHER COLLIERY EXPLOSION. LIVERPOOL, o'clock in Nov. 24.—Yesterday morning a dreadful explosion of fire-damp took place at Harvey's Coppell Colliery, near Standish, Lancashire, by which several lives have been lost. renew I t th the seemsfires belowthat the es 3 omitted sbo.uskneeistshriete. in the morning, and in consequenceof fire-damp accumulated. When he went dogwoninagt out,a o'clock, for *the purpose of relighting them, an explosion whoseto do apprehendedwere that six others, in a e also been killed. This il a different part of the mine, have took place. Three men killed, several were ser i ous ly hurt, and it is report was b roug ht to Liverpool yesterday morning, but no other particulars were known. DREADFUL MURDER IN FRANCE. A dreadful murder was committed . yesterday morning in the Rue Bertin Poirce, No. 9. A girl, aged twenty eight, by flame Alexandrine Boulanger, was lately dismissed from the service of M. R—, a cloth merchant, who had just got married. She considered herself ill-treated, and complained loudly of what had been done, threatening vengeance on M. R— and his young wife. Yester day, Understanding that M. It— had gone to the country, she knocked at the door of his apartment, and seeing it opened by a young woman, she took it for granted that this was Madame R. She accordingly threw in her face the contents of a phial of vitriolic acid, and then, precipitating herself on her, stabbed her with a knife in eight - places, leaving the unfortunate victim of her passion a corpse. She then threw herself out of the window of a landing into the street, but a market.cart c s l h a e r e cr t p h e a d t erlyhaudnhurt. killed N t it; a n d e a n m t e a k il e n . that happened to pass at the mom en t rece i ve d her, and outon sper s ons - .--• - be truth, it was discovered Al-xandrine Boulapger Pr facture of Police.— rt.% 13 EPLOUABLE EFFECTS OF TILE REPEAL OF TUE CO RN-I. kW S.—We understand that at the Michael mas audits of the Right Hon. Lord Feversham, held at Helmsley and Kirbymoorside, last week, not one of his Lordship's numerous tenantry made default, and that there was not a single arrear,— Yorhshireman. .\ e 5 Bp 113, / 11 19; •134 P ,/ i ~~: .