The Sun. — London, England, 1846-12-24 00:00:00

THE QUALIFICATION OF APOTHECARIES. _ _ The Society of Apothecaries, entertaining an opinion which they have publicly expressed upon several occa sions, that a penal check upon the practice of medicine by unqualified persons is indispensably necessary for the protection of the public, and that the pecuniary penalty imposed by the Apothecaries Act, is but ill adapted for checking such practices, have long desired that a more summary mode of proceeding agai ns t ill e gal practitioners should be adopted; and they have advocated an altera tion of the law in this respect, whenever a favourable opportunity for so doing has presented itself. A recent decision of the Court of Queen's Bench, in a criminal prosecution instituted against an attorney for practising without qualification, seemed to lead to the conclusion, that notwithstanding the specific pecuniary penalty im posed upon unqualified persons practising as apothecaries, such persons might be indicted criminally as for a mis demeanor. This decision appeared to th e soc i ety to suggest a mode of proceeding for checking the illegal practice of medicine, which might be attended with such important results that they dete rm i ne d to l ose no t i me in obtaining the highest legal opinions upon the subject. They, therefore, laid a case before the law officers of the Crown, and it will be found from the answers given to the questions submitted to the Attorney and Solicitor- General, in consultation w ith M r. F . R o bi nson, : that it is the opinion of thos e l earne d gent l emen that an indict ment will lie against a person who has practised as an apothecary without legal qualification. The society subjoin the questions proposed to counsel and their answers thereto. QUESTIONS. 1. Whether an indictment will lie against a person who has practised as an apothecary without legal quali fication, notwithstanding the particular penalty imposed upon persons so practising. by the 20th section of the Act, and the disability imposed upon them by the 21st section ? and, if you should be of opinion that an indict ment will lie? 2. In what courts, metropolitan or provincial, could such an indictment be preferred ? and could it be pre ferred at the instance of a private prosecutor ? 3. Would it be competent for the Society of Apothe caries to prefer such an indictment, notwithstanding the interest given to the society in the pecuniary penalties imposed by the 20th section, and the particular remedy given to the society for the recovery of such penalties ? 4. What would be the extent of punishment which could be inflicted by law upon a person convicted of the offence of practising as an apothecary without legal qua lification ? 5. Can any more summary proceeding than an indict. ment be resorted to, for the punishment of persons prac tising as apothecaries without legal qualification ? ANSWERS. 1. We think that an indictment will lie against a per son who has practised as an apothecary without legal qualification, notwithstanding the particular penalty im posed by the 20th section of the Act, and the disability imposed by the 21st section. 2. The Indictment may be preferred in any of the ordi nary criminal courts having cognisance of misdemeanors committed in the county or place in which the party has so illegally practised, and it may be preferred at the instance of a private prosecutor. 3. We think it is competent for the Society of Apo thecaries to prefer the indictment__ _ 4. The punishment, as in case of other misdemeanors, would be fine or imprisonment, or both, at the discretion of the Court. 5. We are not aware that any more summary proceed ing than an indictment can be resortei to fir the punish ment of persons practising as apotheca-ies without legal qualification. JOHN JERVIS, DAVID DIINDAS, Temple, Nov. 23. FREDERIC ROBINSON. It is, perhaps, hardly necessary for the society to point out the increased facilities which this mode of pro ceedinc, affords for putting the law in force against un qualified practitioners. Instead of proceeding for the recovery of penalties by a civil action, which in the case of. a country practitioner could only be tried at the s p r i ng and summer as s i zes , an indictment may be preferred at the quarter sessions and at the assizes also ; and, instead of the power of proceeding against unqualified practioners being restricted, as in the case of the specific penalty imposed by the statute, to the Society of Apothecaries, it will be competent for any person to prefer an indictment who may be disposed to do so. Another dist;nction between the two modes of proceed ing, which is likely to operate still more powerfully as a cheek upon illegal practice, is this, that whereas an in dividual against whom a judgment for a penalty is ob tained, under the present form of proceeding, can re lieve himself from the consequences of his offence by ob taining his discharge undt r the Bankrupt or Insolvent Ac's, an individual found guilty on indictment of having practised as an apothecary without legal qualification, will be punishable by fine and imprisonment, and will have to undergo whatever measure of punishment. the Criminal Court may in its discretion award. The society sincerely hope that a public intimation, that the penalties of the law can now be enforced against illegal practitioner sof medicine more summarily , than heretofore, will deter all persons from prac tising as apothecaries who have not given such evidence of their competency to practice as the law demands. But if individuals who have not possessed themselves of a legal qualification will persist in practising in the absence of such qualification, they will do so at the r-sk of being criminally indicted for the offence at the instance of any individual prosecutor who may be induced to profer an indictment against them. The society on the'r part will be ready, as they have ever been, to enforce the law to the extent of the means placed at their disposal. but those means are inadequate to the institution of frequent prosecutions. It may, therefore, be anticipated that indictments will be pre ferred at the instance of other parties ; and the society take this opportunity of stating:, that they will endea• Your to render such experience as they may have ae quired in administering the Act of 1815 available in furthering the ends of justice ; and that they will be prepared, upon proper application, to furnish any infor mation in connexion with the subject of illegal practice 1 which they may here it in their paw,?,r to afford. Apothecaries' Hall, Dec. 10. STATE of the WEST HIGHLANDS. (From the Inverness Courier of the 16th inst.) The snow storm has interrupted our communication with the Hebrides, but the latest accounts are more sa tisfactory with respect to the supply of provisions. The Stromboli steamer had arrived in Skye from Glasgow with a cargo of meal, a private speculation, intended for the use of Lord Macdonald's tenants. Meal was landed from this vessel at Armadale, and such was the demand, that it was supposed the cargo would be ex hausted in a week. The two Government store-ships were, however, daily expected. The Eolus is to be stationed at Portree, and the Belvidera at Tobermory, both containing ample stores of provisions, to be sold in whatever quantities the poor people demand, and at the lowest market price. No charge is to be made for freight or other incidental expenses. Sir Ed ward Coffin, the Commissary Officer, (who is now at To bermory), calculates that they can sell barleymeal at about 28s. per sack of 2801bs. or 14s. per boll of half that weight. The country people are more partial to barleymeal, in the absence of potatoes, than to any other kind of grain, as they think it the most wholesome. The Government store; can only be sold for ready money, and the great object on the part of the proprietors must now be to furnish employment to the poor people, that they may be enabled to purchase provisions. Most of the crofters had some little crop past them, for seed in spring, but, of course, this, in many instances, has been partly used, to avert actual famine. A correspondent writes— The ship that went ashore lately in Harris was laden with flour, and part of the cargo being saved, the flour was advertised over the country for sale. People flocked to the spot from all quarters, and it was calculated that nearly three thousand persons were present. The owners, however, asked extravagant prices. The first lot, I hear, was put up at 345., and no one making an advance, the sale was given up. It is a great pity, both for the Long Island and Skye, that sales were not effected, as the supply of meal has been far too limited, and the flour would have been a great help to us. The subsequent arrival of the Stromboli and the Go vernment ships will, we hope, have obviated this loss. The Firefly steamer has arrived to assist in, conveying stores, and keeping up communication between the different localities. With respect to employment, there is a general dis position among the proprietors to avail themselves of the Drainage Act, and even to anticipate the grants by set ting the people to work. Mr. Macleod, we are happy to see, has applied for a sum of 5,0001. Sir James M. Riddell, of Ardnamurchan, intends soliciting a sum of 4,5002, as there is a large mass of unemployed at Ard namurchan. At Coll, the factor, Captain Campbell, em ploys a considerable number of hands on his own farms. Barra is perhaps the most wretched of the islands, and there only do the poor people appear in rags, like the Irish peasantry. Generally throughout the Hebrides the people wear strong homely clothing, which has an air of comfort. but those of Barra are an exception. The inhabi •.ants of ITig have also been in a very miserable state. The people of the Lewis, notwithstanding some insinua tions that have been made to the contrary, are undoubt edly better off than any of their neighbour islanders. There are fully 1,600 employed in out-door work, ac cording to the system laid down by Mr. Smith of Dean ston. A gentleman who has recently been at Mull, Coll, and some of the other Western Islands, remarks:— " There is much suffering everywhere, hut it will be worse in the spring. The people are consuming their oats and barley, and they will have no supply for seed. This should be provided for. The change of food and destituticn have increased the mortality among the people. I was snrprised, however, to find that the men (most of whom have boats for communication) do not fish for cod, haddocks, &c., which would vary their diets of meal, and be nourishing food. Boys fish for small cuddles from the rocks, but during the three weeks I was there I could g t no good fish, though abundance might be had in the sea, and the weather was remarkably fine and calm." The Highland population have generally little inclina tion for the sea, and in this respect are very different from the east-coast fishermen, who go out in all weathers, and are hardy and industrious. We hope to have our fisheries prosecuted with more activity and diligence when this crisis of destitution is passed, or at least mitigated. The subject is one of national import once. We extract the following from a private letter as ho nourable to Lord Macdonald : " The minister of Kilmuir told me that he has leave from Lord Macdonald to give a certain quantity of meal to every person applying for it, and really needing it —say one pound per day to every grown-up person, and to young persons three quarter.i of a pound. He was, however, unable to act upon this at the time, there being no meal in the parish, nor, indeed, in almost any parish in Skye ; but since the Stromboli has come there will be a supply." The Government store-ships will also furnish excellent depots, and all that is wanted is money, or its equiva lent, labour, on the part of the people. A SKETCH OF IRISH LOCO MOTION. The Irish public have not, as yet, had an advanta geous opportunity of appreciating the superiority of railway travelling over the old-established means of locomotion. The Kingstown, to be sure, pays its share holders, notwithstanding the spirit of jobbing which taints it, as we ll as a l most every other Irish under taking ; but then it should be remembered that it is a pet line, and only made use of to transmit the luxurious Dublin cits from their shops and counting-houses to suburban mansions, where they repose until another day recals them to light and labour. But, look at the Drogheda affair, which neither gratifies the shareheld .r% by ‘• putting, money in their purses," nor the public, by carrying them quickly over the ground. The rate of travelling is very low, presenting a marked contrast to the charge for it, which is very high, when com pared with the accommodation on English lines. The pace, however, accomplished by the engineer on the Drogheda line is the ne plus ultra of speed, when viewed in competition with the jog -trot system of going a head on the Dublin and Carlow Railway. Really, any one who has plenty of leisure and humour may en joy ample amusement by graduating to Carlow through the agency of the Great Southern and Western Railway. The swift- footed pedestrian, who delights in the name of "The American Deer," and who has astonished so many admirers of human agility in England, I would back against the railway for as large a sum as a penny-a-liner might be expected to exhibit, and, ten to one, before half-a-down miles of the road had been covered, the puff would be out of the engine, and, in sporting phrase, it would be " nowhere." If the directors with to make the undertaking prosperous, they must display some spirit in keeping with the advanced state of science. As far as yet appears, if they had been prompted by a wish to disgust the community with travelling by steam carriages on iron roade they could not have done so more effectual than by their management of the line. As a medium of speedy transit it is the greatest farce that ever ens imagined, and as the merry pantomime days are approaching, I would not be surprised if the ferrite genius of Calcraft founded upon it a happy scene, in which would be reeresented a " monster" snail " drag girg its slow length along," and with it a train of car riages, the subject being further illustrated by the face tious clown exclaiming, " Tremendous travelling in the nineteenth century—Dublin to Carlow, at the rate of the sixteenth part of a knot in one hour." There are three or four stations along the line which may be serviceable to the inhabitants of neighbouring towns or villages, but there are about a dozan which have been constructed for no public purpose whatever, that I could ascertain, unless it be anticipated that from the womb of time marts of commerce and manufactures may hereafter spring up among them. Whether those whom it most concerns—the shareholders—will regard the prospect of the country's prosperity a century hence as a full remuderation of their investments —whether they will be content with a draft upon posterity, it is not for me to say. At each of these stations the train tarries about a quarter of an hour, and as they are neither few nor far between, a vast deal of time is con sumed, most provokingly to energetic spirits, on the road. The utility of the system I could not fathom, as scarcely any persons emerged from or entered the car riages at the different stages excepting poor devils who were passing on to their labour, under the Board of Works, and who could not be expected to patronise any other vehicles than the Parliamentary or the penny-a. mile ones. For my own part, as my mission was one of observation and reflection, I had no particular wish to fly over the ground at the rate of a flash of lightning ; but there were two gentlemen in the box with me, who did not think there was any "luck in leisure." I should mention that the carriage was a second-class one ; the seats in which were not cushioned like those of the same rank on the Kingstown and Drogheda lines. To sit upon them for five or fix consecutive hours, is assuredly "mortifying the flesh," and doing penance for one s sins. One of my f ellow-travellers was a solicitor, who was hastening to Clonmel to oppose the discharge of an insolvent, and he was afraid that, owing to the slow motion of the train, he would not be in time for the coach to the capital or Tip perary, and Commissioner Ferrell would have liberated his victim before he could arrive to rule him. The other was an emissary from ate entensive grocery esta blishment in Dublin, that has a large business in the south of Ireland, but rarely allows its customers to amass fortunes. His object in travelling was the benevolent one of issuing an execution against the goods and chat tels of a molasses vendor in Waterford, and he was in anguish lest he might have taken wing to America, be fore he could reach the urbs intacta. The griefs depicted on the visages of this pair at the delay at each stage was irresistibly comic to an indifferent spectator like myself. If malisons, showered ad libitum by my temporary com panions upon the heads of railway directors and engi neers, can do them any mischief, I would be very sorry to stand in the shoes of any of these officials. As an illustration of the tedious system of locomotion on the Carlow line, I may state that its operation has failed to drive the Wexford day coach, and th e n i ght mail, off the road. Al t h ough a coach leaves Wexford every morning for Carlow, people still prefer going the whole distance to Dublin by the old-fashioned four-in-hand vehicle. Would this be the case if anything like cele rity or comfort were studied by the directors of the railway? Who would, at such a season as this, be eon . tent to be perched the livelong day upon the t o ' f coach, exposed to all the winds of heay.-e, if the o rival jenificent hu m bug? conveyance by steam were not a me Verily, it is well that the Qu'een'sb highway, parallel with the Carlow Raileerai, i s being kept to run ni ngre be no chance of grass will by the Board of Works, We need it yet. There lack of use, until th e growing upon it, at all events, for and, instead of rn- railway directors turn a new leaf, leg -stock , rendergri:t k.in gtheirundertaking a huge laugh _ ion, but-which its e e n io s y u a n t k i 0 n in e, e - worthy of a country that has long now is bent upon o....publin World. LAW INTELLIGENCE. ROLLS' COURT, Dec. 23. BA.RTLETT V. HORTON AND OTHERS. This was a motion on the part of the plaintiffs for the payment into Court of 2,555/. Hts LORDSHIP delivered judgment, and went through the facts of the case. The plaintiffs were parties bene ficially interested in the estate of a testator named An drew Griffin, and the defendants were the legal personal representatives of Samuel Horton, who was t! . .e trustee. The testator died in 1825, and by his will directed his property to be sold, and the amount realised by the same to be invested, and the interest to be paid to his wife during her lifetime, and after her demise to devolve upon other persons. The property of the testator, including three bills of exchange for 7551. 13s. 6c1., which the executor, Samuel Horton, claimed, alleging that he had advanced money to that amount to the widow of the testator to carry on business, was sold. The transaction was stated to have taken place in 1826, and the business was dispDsed of shortly afterwards, and it cortaioly appeared strange that the money should have been advar.cf'd under these circumstances. It appeared that the defendants disbursed the assets of Samuel Harton towards the payment of his debts, and the plaintiffs claimed to be entitled to the amount of the bills of exchange, alleging that Samuel Horton was not authorised by the terms of the trust to advance money to Mrs. Griffin. He (Lord Langdale) did not think the plaintiffs were entitled .to have their motion granted, and he would give the de fendants the costs to which they had been put by such motion. COURT OF QUEER'S BENCH, Dec. 23. HOOPER V. LAMB. This was an action brought by Mr. Hooper, the well known advertisement agent, to recover from Mr. Lamb, one of the provisional committee of the Great Western, Eastern Counties, and Ipswich and Southampton Rail ways, 61/., but virtually for 201., that being his share of the exrenses incurred for advertising in the different daily and weekly newspapers. Mr. Martin, QC., and another Learned Gentleman, appeared for the plaintiffs, and Mr. Butt, Q.C., and Mr. Warren, for the dlendant. Mr. MARTIN opened the case, and stated that several members of the committee had subscribed their quota, and discharged part of the claim. Captain James Patrick M'Dougall, one of the pro visional committeemen, proved having on the 20th of September, 184. i,•, received Mr. Lamb's consent to insert his name in the prospectus of the company. Mr. Graham, the secretary, produced the minute books, and proved that the managing committee directed him to give Mr. llooper instructions to publish the ad vertisement. The plaintiff had received 300/. from the company, and a balance of 61/. was still due. The first general meeting of the committee was held on the 15th September, 1845, and at that meeting a committee of management was appointed. At this period the defend. ant had not become a provisional committeeman. Mr. BUTT contended that there was no evidence to fix the defendant with this liability. He had been sum moned to no meeting, attended none, and had no com • tnunication with any parties connected with the scheme. All he had done was merely to give his consent to his name being added to the provisional committee. The authority for the insertion of the advertisements pro ceeded from the managing committee appointed on the 15th September, which was before the defendant became connected with the company. Mr. Justice Cresswell had held that, in such a case, there was no evidence of lia bility, and, therefore, he submitted, under his Lord ship's direction, that the defendant was entitled to their verdict. Lori DENMAN said the first consideration in such cases was to do justice between the parties, and it would be for the jury to say, whether the plaintiff ha 1 been employed by the defendant to do the particular work he did. lie apprehended that the defendant was aware, when he gave authority to have his name put down as a provisional committeeman, that it would be made known to the world in that character. Then they would consider what inference a person employed by the undertaking had a right to draw with respect to the liability of the defendant, and whether the acts of the managing committee in the formation of the com pany were binding upon all. The prospectus held out that it was a desirable investment, and proceeded to say that p)wers would be applied for in the Bill to allow in terest at the rato of 4/. per cent., &c. All men understood by that, that a Bill for the formation of the company was to be applied for in Parliament. So, in the same way, if the words provisional committee were used, it meant for the purpose of forming a company, and therefore it was inferred that a person who had become a member sought parsons who were ready to form contracts to do the ne cessary works. If advertisements were essential to the formation of a company, and these advertisements must be ordered, not by the whole of the committee, but as the necessities of the case required, their verdict would ba for the plaintiff, because he had a right to look to every person on the provisional committee as persons liable for the work he had done. A verdict was found for the plaintiff for 6 1 1., with execution only for 201., being the defendant's share in the transaction, but with liberty to the defendant to enter a nonsuit. HOOPER V. BYROM.-lIOOPER V. UPFILL. These were actions of a similar nature, the defendants being two provisional committeemen in the same com pany. The parties agreed to a similar verdict, with liberty to enter a nonsuit, as in the last clue. REED BROTHERS V. S33IERS. The plaintiffs in this case are wine -merchants, in Suffolk-street, and the defendant, Mr. Patrick Somers M.P. for Sligo. , Mr. Nlerrewether appeared for the plaintiffs, and Mr. Hurnfrey, Q.C., for the defendant. The action was brought t 3 recover the sum of 811. for wincs supplied to the plaintiff in April and July of last year. The defence set up was that the defendant purchased the wines with the express understanding that they were not to be paid for until the Christmas follow ing:, whereas on the 10th September the defendant, without having received any previous intimation by letter or otherwise, was served with a writ for the amount. A friend of Mr. Somers, who was allowed a commission on the wines he sold for the plaintiffs, was called, and stated that he had induced the defendant to purchase the wines on such an understanding. Lard DEN,?IAti left it to the jury t o say w h et h er they were of opinion that the wines were sold to be paid on request, or on an understanding that payment would not be required until Christmas next. The jury gave a verdict for the defendant. His Lonnsuip intimated to the jury that their labours were at a close. COMMERCE OF THE REPUBLIC OF ECUADOR. The French Minister of Commercc has just addressed a circular to some of the chambars of commerce, con taining information as to tly, French products and manufactures most in demand at Guayaquil. The Minister says— " In the markets of the Equator, as in the other mar kets of South America, English, Swiss, and Rhtnish manufactures in linen and cotton have had too frequeatiy a preference over us. Our Bilks, which have much success at Valparaiso and Lima, are less in demand at Guayaquil, on account of the poverty of the country and foreign competition, which is formidable for the inferior qualities. Our I roadcloths, the superiority and fine ness of which begin to be acknowledged by the inhabi tants, gain ground, but as yet are purchased only by the rich. In mixed stuffs, of wool, thread, and cotton, new designs of which are produced every day, we pre serve a marked advantage over our rivals. As to cut 107 and hardware, England supplies the first almost exclusively, and shares the supply ( f the second with Germany and the United States ; but we Lave still the supply of articles of luxury. We have little competi tion to dread in fine rnercery and Paris articles, the con sumption of which increases daily. In the supply of paper, Genoa and Spain have almost monopolised the trace as regards the common sorts. In the fine qualities we compete with some advantage with Italy and Eng land. Our printed papers maintain the first rank. In the book trade, as regards French and Spanish works, we have to fear the competition of Spain and even Ame rica. Our preserved food and fruits maintain their supe riority, notwithstanding their high price. This is the case also wiih our oils and our wines. French liqueurs are esteemed beyond all others at Guayaquil. Cognac brandy is imitated to such an extent by brandy made from sugar, that it is difficult to compete with the adul terations." The Court then rose, and will not sit again until nex term. COURT OF COMMON PLEAS, Dec. 23. This being the last day of the sittings after term, the Lord Chief Justice, who presided, took common jury causes, and disposed of several undefended ones. The remainder of the day was occupied with a horsy case, arising out of a sale at Aldridge's repository, the particu lars of which were of interest only to the parties con cerned. THE AFFAIRS OF SPAIN. BARCELONA, DEc. 9.—Mr. Cobden has arrived here this morning, proceeding on his tour through Spain. He has visited Malaga, Almeria, Alicante, and Valentia, on his way hither, and was most favourably received at all those towns ; and the free trade principles, the ro pagation o f w hi ch is the object of his mission, w p ere freely and warmly discussed by the commercial men of these important sea-ports. It is universally admitted that Mr. Cobden during his tour has made numerous proselytes in all the principal towns of Spain; and he has come at last to the strong.. hold of monopoly—Barcelona. At the very moment of his arrival the manufacturers were beginning to bestir themselves to again take the field against the changes in the tariff system which, it is well known M. Mon has not abandoned his intentions of carrying into effect. Mr. Cobden has already seen some of the principal manufac turers. I know for a fact that Mr. Guell, the largest mill-owner in the place, was very much taken by the extreme modesty and unassuming manners of Mr. Cobden, and after an hour's conversation with hitt; seemed much staggered in the policy of his long -enter tained prohibitive principles. One great good will be effected by Mr. Cobden's visit to Barcelona, which is, that they will be convinced that it is not the object of those who advocate free trade principles to force on the Catalans their adoption, and that the 'views of Mr. Cobden and his supporters are but to induce them to submit the matter to discussion, when the truth will be sure to triumph. Barcelona has its advocates of free trade also ; all commercial houses connected with the South American trade, and more especially with the Island of Cuba, are free traders fro:a conviction, because they say they have seen the advantages to the Liavannah of being a free port. Previous to its being declared so it cost the home o_ntry milli ons yearly to sustain it, and now it not inelKtpays th e enormous expense of its own establish- Mad rid . but send s m illi ons yearly to the Treasury of _lt likely th en t h at the commercial men un connected with thed manufacturers, and some of the principal nobilit propietors, will offer Mr. Cobden every attention,Yanand give him some public manifestation m pathies. of their sy THE ILLICIT DISTILLzReIt IJ-----11DER TUB WATERLOO.. ire OR Tuesday, John ilar- ROAD.—In the Court of to a : uswer informs ris, of 180, Waterloo-ro a d tionsaatfiaving worked illiciratiairsed recently the:Witeepo-road, the discovery of °ll lo l 2 ll l Preinis es near _ • notiaid in 7'40 Sun. The facts of the le du waa stateftly the t .ooilpers, who said the defendant c re v pr erT e We tp r d e that* the preniises had been let to a person named 11:(liw and that the wqAtence of the stills was unknown to hi m, ' The penaltieA .t . — e laid at 2.4004 . The defendant Tva - I finer:lE4oi, apd the whole of the seizure was condemned. : . Ile appeareglowipletely astounded at the decision. I . ' ...`"--",!---;-• AC V ~Li"i r THE SUN, LONDON. THURSDAY MORNING, DECEMBER 24, 1816. the Guildhall during the hearing of the base: The de fendant did not in the least degree oppose the release of the plaintiff from custody on bail ; it was entirely the decision of the magistrate, who refused to accept bail. There was no angry feeling on the part of the defewlant, and the plaintiff did not in any degree complain of his being given in charge. Sir F. THESIGSR having replied, The LORD CHIEF BARON, in summing up, said, that in point of law, if the defendant was guilty, he was only to be held liable for that portion of the injury complained of which arose from taking the plaintiff from the office to the station-houFe, and thence to Guildhall; but after the arrival of the plaintiff at Guildhall he was en tirely out of the hands of the defendant, and what took place after was done under the law; and if he (the Lord Chief Baron) had been in the situation of the plaintiff, and had been the instrument of uttering forged documents, and was taken, as stated by one of th. witnesses, without complaint on his part, and with all possible courtesy on the other ; before a magis trate, who, acting upon his own opinion, had con fined him for four days, he certainly would not have brought the present action ; and upon the part of the defendant, he thought he ought certainly to have obtained a warrant for the apprehension of the plaintiff, which, from the subsequent conduct of the magistrate, no doubt he could have obtained at once. The jury returned a verdict for the deft ndant. Leave was then given to the plaintiff to move to enter the verdict for the plaintiff for the sum of one farthing damages, should the Court be of opinion that the forgery of the scrip did not amount to felony. The Court then rose for the Christmas vacation. COURT OF BANKRUPTCY, Dec. 23. IN RE FARRER. This insolvent, who was a cabinet-maker in Finsbury, came u p for his interim order. There was only one creditor inserted in the schedule, Mr. Wildbore, a sur geon, for a debt and costs in an action brought against him by defendant for unskilful conduct. Mr. CooKE opposed on behalf of Mr. Wildbore, on the ground that the action was vexations. The action was tried in June, but judgment not having been signed at that time the certificate obtained under his bankruptcy did not clear the debt, and the insolvent had therefore filed his petition. The Learned Counsel contended that the in solvent had not afforded sufficient opportunity for effect ing a perfect cure, his wrist having been badly injured, and Mr. Liston, Mr. Bransby Cooper, Mr. Solly, and other witnesses, were so strongly of opinion that there had been no neglect that a verdict was given for the defendant, the jury actually stopping the case. The insolvent said that arose from the negligence of his attorney, who had not secured the attendance of Mr. Aston Key and others who would have given evidence in his behalf. The L'w•ned Co3tmrssiormt said it was a case of very great difficulty, and to come to a sound conclusion on the merits he must go into the evidence to ascertain whether there had been such neglect as to justify an action. It was not to he supposed that all surgeons or medical men were infallible, and that in the absence of success the conclusion was to be come to that there had been gross misconduct. It appeared to him that the insolvent had been ill•advised in bringing the action, but he could not say so to prejudice the bankrupt without further inquiry, and should, therefore, grant the interim order to go into the evidence when the insolvent came up again. Mr. (30C:1msaid Mr. Wildbore did not wish to oppose the insolvent if he would make an order. The COMMISSIONER said perhaps Mr. Wildbore would become assignee, and look after the future affairs of the bankrupt. At present there was nothing to administer. Interim order granted. SECONDARIES' COURT, Dec. 23. GOLDSMIDT V. COHEN. This was an action to recover 71. 11 e, for goods sold. The case was of no interest, being a dispute between the parties, who r e sid e i n H oun d s di tc h , as to the value of some plated articles sold. The only point in the case arose from the defendant's wife having ordered the goods without the authority of the defendant. It appeared she had agreed to the price, but in consequence of the disap probation of the defendant, his wife endeavoured to in duce plaintiff to take them back at an allowance of it or 21.. but he refused. It was now contended by Mr. HAvriciNs, that a wife could not bind her husband to pay more than the real value. The SECONDARY was of opinion that defendant was bound by the agreed price if defendant's wife had autho rity, if she had not, the value must be proveJ, but he would not decide, but reserve the point. iseharged. The magistrate then proc , vded to make I undry observations on the beadle's uniform, which he contended, should be more easily distinguishable from a private dress, to point out the qualification which a beadle ought to possess, and the defects which would disquality him for the office. MARLBOROUGH-STREET. Ann Wright was charged with creating a disturbance, and assaulting M. A. ilarringtou, tt her home, 4, Rid ing -house-lane. The complainant said the prisoner came to her h(at. , e on Tuesday,about some money which one of the lodgers in the house owed her, but that person being out, the prisoner was told so, and that she would not return till it was late. That, however, did not satisfy the prisoner, who, as soon as the door was closed, began to use the knocker with vehemence, and continued pulling the bells very violently, till all the lodgers in the house came down stairs to ascertain the cause. Some of them opened the door to the prisoner, with the intention of remon strating with her ; but as soon as she had the opportu nity, she burst in, and seized upon complainant, whom she struck with closed fist, and struggled with, and was not satisfied till she tore every part of her dress and had beaten her till she was insensible. The prisoner was very tipsy at the time. Oneol 7 the lodgers and the policeman corroborate, complainant's statement. The prisoner said the sum owed her was only ss. 4d., but she had been obliged to call for that again and again, and as often as she went th e l an dl a d y h a d denied her lodger. Mr. HARDWICK sentenced her to a fine of 10s. or a month's imprisonment. Mr. Waiter Jones, J.P., was brought up by the owner of Fladong's Hotel, Oxford-street, who said he was in fear of bodily harm in consequence of the threats of the defendant. John E. Lovegrove said that in consequence of a no tice to quit his apartments in the hotel on Monday last, the prisoner came down about eleven o'clock on Sunday night, to where he was sitting in the bar, and after abusing him grossly swore that, but for a promise he had made his wife, he would have smashed him and broken every bone in his skin. Henry Joyce, a waiter in the hotel, corroborated the evidence. John Hinsh Webber, solicitor, :3, Caroline -street, Bed ford-square, solicitor for the plaintiff, said he had been applied to by the defendant, who wished hitne to inter fere in order to prevent a breach of the peace, for if ever he met Mr. Lovegrove, without any third person being present, he would certainly do him some bodily injury. The defendant begged the magistrate to put the case off until he could bring witnesses who would put a very different colour on the matter, for he had received great provocation from the complainant, and the quarrel was one entirely originating in family affairs. He said he was married to a sister of the complainant, whose father, notwithstandinc , the kindness he had shown him, had died leaving all his property to the complainant and their younger children. _ _ „ Mr. „ HARDWICK said witnesses were unnecessary. The defendant himself had admitted the existence of provo cations, and therefore he must bind him over, himself in 100/. and two householders in 50/. each, to keep the peace towards the complainant for the next two months. Respectable bail was shortly after put in. A donation of 51. to the poor-box, being part proceeds of a private concert, in Hanover-square Rooms, on the 10th I)ee. ; and the second half of a 51. note, N 0.53,472, rom E. C., were rec, ived this morning. MIDDLESEX SESSIONS. RAILWAY R OBBERIE S.—John Murrall and Roberg Emmerton were indicted for stealing a quantity of vit. the property of the London and North-Western Rail way Company. Mr. Clarkson appeared for the prose cution, and the prisoners were undefended. John Batt, a constable in the employment of the Lon don and North-Western Railway Company, deposed that the two prisoners were also employed by the Com pany as labourers or porters at the Camden-town station, and on the evening of the 12th instant he ob served them about eight o'clock standing between two of the carriages attached to a luggage-train which was about to start, and his suspicions being excited he watched them for some time, when he saw Murrall's right hand working backwards and forwards in a chest placed on the front part of one of the waggons, and soon after Murrall handed something to Eturnerton, which the latter tied UD in a handkerchief, when he (the con stable) came up, and told the two prisoners he should take them to the station-house. On looking at the handkerchief he found it contained a quantity of tea, and he also observed that the side of the chest in which he saw Murrall's hand had been broken in, and that it contained tea of the same quality, a large portion of which was scattered over the bottom of the waggon. While he and another railway constable were taking the prisoners to the lock-up, Murrall said, " Well, it can't be helped ; there is no use in being down hearted." The witness allowed him to go to get his coat, when he attempted to mike his escape, but was soon afterwards taken into custody at his lodgings in Kentish -town. The prisoners, in their defence, said that they saw some tea spilt upon the side 3 of the waggon, and that they swept it up, thinking it was of no value ; but find ing that this excuse seemed t o p reva il b ut littl with the Court, they endeavoured each to shift the charge from himself by criminating the other, The jury having returned a verdict of Gnilty, The ASSISTANT-JUDGE, after commenting upon the serious nature of offences of this description by servants at places where so much property is deposited, sentenced the prisoners to be each imprisoned and kept to hard labour for six calendar months. George Williams, aged 16 years, was indicted for steal ing a portmanteau, con taming two co a t s , an d a l arge quantity of other articles of we ar i ng apparel, the pro hew Rogers. A not h er count laid the ar ticlesthe property of th e G reat Western Rail way Company. Mr. CLARKSON, who also appeared on behalf of the Great Western Railway Company, in stating the case to the jury, said, that on the evening of the 10th inst., a third class train arrived at eight o'clock from Bristol, when the prisoner at the bar walked from the platform to one of B Aton's omnibuses, and handing a portmanteau to the conductor, who placed it behind the driver's seat, got upon the roof himself, and said he wished to be put down at t h e B ar k . When the omnibus arrived at the King and Keys public house, the prisoner took up a large carpet bag, which lay amongst other luggage upcn the top of' the omnibus, and said he wished to get down there, but a gentleman who sat next to him said it was his, and then begged pardon, saying ho had made a mistake. The omnib us t h en proceeded as far as Blackfriar's-bridge, when th e p r i soner aga i n ex • pressed a wish to alight, but owing to his previous con duct and other circumstances, the conductor, judgingthat all was not right,aslied him if he could produce the key of the portmanteau he was about to take away, which the pri soner was unable to do. The conductor then put further questions to him, when he stated that ho had come by the train from Bristol, and the portmanteau had been carried for him from amongst other luggage on the plat form by one of the railway constables. The prisoner was theln taken back to the railway statian, when it was found that the portmanteau was the property of Mr. Rogers, and had been stolen on the night in question from the platform at the time the train arrived. Evidences having been adduced at considerable length in support of the Learned Counsel's statement, The jury without a moment's hesitation returned a verdict of Guilty against the prisoner, and he was sen tenced to six months' imprisonment with hard labour. POLICE INTELLIGENCE. BoW-STREET. James Pchearth was charged by one of the beadles of the Lowther Arcade with interrupting him in the execution of his d u t y , an d assau l t i ng hi m. The beadle dtated that the prisoner and some other young men were passing through the Lowther Arcade on Tuesday etenitig, When the prisoner began to " whistle and hoot," to the annoyance of persons passing through the Arcade. Witness went up to him, and told him that it was egainst the rules to make noises of that kind. The prisoner took no notice, but continued to whistle and hoot, Upon which witness again spoke to him, telling him he should be obliged to turn him out of the Arcade. The prisoner said he would not let him, and taking his pocket handkerchief from his pocket, slapped him (witness) iu the face with it. Witness proceeded to take him in custody, and he resisted, and somebody struck him, but he could not swear that it was the pri soner. With the assistance of some of the bystanders, he took the crisoner in charge, and carried him off to the station-house. The prisoner—denied e whole charge. It was not himself, but a f r i en d that was whistling. He did not beadle . u'e his handkerchi e f as stated t,^ the , and he did ;' b not strike him. Th e blow must - have been given 3 som one else. I n proof of these asst.. rtkns' o said that one of the gentl emen who was with him, . wh he himself, and n o t t h e prisoner was whis tn.._ but he • coin denied the hooting. The prisoner did not slap th, plainant with his handkerchid, nor strike him. NV ness could not tell who it was that struck complainant. Witness was himself struck by some one in the crowd. Mr. HENRY severely rebuked the witnesses for con tinning to whistle after being told by the beadLi that it was not allowed. The witness attempted to excuse him self by saying that he would not have done so, but fur the pompous manner of the beadle, but Mr. Henry said that his proper course would be to complain to the owners of the arcade, if the beadle misconducted him self, but in passing through private property, by permis sion, he became a trespasser the moment he infringed any of the rules. Mr. Marsh, the inspector, who took the charge said, that the beadle stated to him that the prisoner was the person who struck him, and if that statement had not been made he would never have taken the charge. Mr. HENRY questioned the beadle on this point, and ultimately decided that as he could not positively swea that he was struck by the prisoner, the latter should be wobau.— to the 104th Aerele f Wer, with regard to the re :dine all diserdere, aed fret in a. commending rfficer iii arrest, and stated diet in a ciente r, 18:9, a gener.,l court-martial assembled at Plymouth, for the trial of Lieutenant Celenel Hogg, for coming on parade in a state of drunkenness. He was found guilty, and sentenced to be cishicred ; but his Royal Highness the Prince Regent, taking into consideration the destitution Colonel Floeg would be in at his advanced stage of life, 'ordered him to receive the rritiected vaiue of the corn naissien. He would submit, with such a precedent, that no doubt could xist in the minds el the Court but that he had acti d right in putting his commanding officer in arrest; for, could any one doubt but that the word " disorders," spoken of in the Articles of War, inferred drunkenness ? It might be said, on the report being made to him, that he might have waited till the morn ing. What, if he had done so, would have been the issue? Why, he would have been told that he should have done it at the time. Whatever view the Court might take of it, he assured them that he had already suffered most severely ; he had been kept 77 days in close arrest whilst on board ship, and had remained so since October. It "as impossible that he could have been influenced by any ill-feeling. Ile denied that his condevt had been contrary to tle3 Articles of War, on which he rested his defence. He submitted, with con fidence, that it could be no matter of deliberation, for he was called suddenly from his bed ; and he assured them he was only actuated by a desire to uphold the good of her Majesty's service. The court was then cleared, aid on re• admission the President said the prosecutor, having heard the de fence, might now call any witnesses in reply. Major Shadforth then called Lieutenant R. Reed, late of the Sapphire, whom he questioned. Were you on board the barque Mary Ann on the 9th of July? did you see me on board? and, if so, what state was I in?—l was on board, and saw .you and se veral officers come on board. In coming over the gang way your foot slipped, and you fell upon the deck, it being very rainy and the gangway being very awkward, there being a plank across it. You immediately walked to the cuddy, to my idea apparently sober. I nearly fell down myself' coming over, and am not at all surprised that a military officer, and not so accustomed to ships as myself, should have fallen. Did you see Lieutenant Hunt on the evening in ques tion ; and, if so, what state was he in?—l did; I was conversing with him in the cuddy, and he was then per fectly sober. By the COURT.--llad you any conversation with Major Shadforth on the night in question?—l had not. Was it raining at the time Major Shadforth came on board?—lt was; and I was kept on board the Mary Anne halt' an hour afterwards in consequence. Assistant-Surgeon Jackson was next called, and questioned by Major Shadforth. Were you in company with me on the 9th of July? If so, did you return with me to the Mary Anne, and what state was I in?—l was with you, and returned to the ship with you, and you were sober. On mining on board the deck was very slippery, and the night exces sively dark; there were ropes and planks which caused you to slip. It rained at the time, and you ordered tar paulings to be put over the hatchways in consequence. Some time after Lieutenares Hunt and Logan and myself were seated in the middy, we were laughing and talking together rather loudly. You sent to us, and wished us not to make so much noise, as you wanted to go to sleep. We then dispersed. Did you see Lieutenants Hunt and Logan that night, and were they sober? One of the members objected to the question being put, but the President said the defence having been founded on drunkenness it w as i ncum b en t on the Court to hear the witness. The question being repeated, witness replied that he saw them both, and they were sober when they went to bed. Captain Stanley, in answer to questions, said I saw the mei ,r come on board on the 9th. I did not observe any thing particular in his appearance. The deck was lum bered, and it was likely that a person would slip. By the COURT—Was Major Shadforth sober on the night in question?—Nothing whatever occurred to give me a contraro opinion, except the circumstance of his slipping on the deck. On what part of the deck were you when Major Shad forth came on board?—l was standing on the quarter deck, in conversation with Lieutenant Reed, First Lieu tenant of the Sapphire. Mr. Allen, the master, was also there. Had you any conversation with Major Shadforth on that night?—l received verbal orders from the major. Serjeant J. Thomas, 57th Regiment, said—l was Major Shadforth come over the gangway on the night of the 9th of July. I saw him go from the gangway as far as the cuddy door. I saw no difference from the state lie was usually in since I have been in this regiment— mow 12 years. Did you see Lieutenants Hunt and Logan come on board; and, if so, what state were they in?—l did not see them come on board, but saw them at the cuddy table. They were laughing and talking together for about a quarter of an h‘pur; they then retired to their cabin. They did not appear to me to be tipsy. By the COURT—Did Major Sbadforth speak to you on the night in question?—No. Private Peter Carroll, 57th Regiment, questioned by the prosecutor—Were you on sentry on board the Mary Anne on the 9th of July, when I came on board?—Yes. Was I sober when you saw me?—Yes. By the prisoner—bid you see Major Shadforth fa] down on the deck of the vessel when he came on board —No. Major Shadforth appl'ed for further time for a re joinder, thinking it necessary for his own justification. The PRESIDENT said he thought not; the case had been investigated more closely than any preceding one, and he thought the prosecutor ought to be prepared at the present time. The court was then cleared to consider the application. On re-admission, The PRESIDENT said the Court had determined that they could not accede to the application of the prosecutor to delay to the next day; they would, however, adjourn for half an hour, in order to give him an opportunity of obtaining the further evidence he required. Major Shadforth thanked the Court, but said he would leave the case where it stood. The PRESIDENT replied he thought it was right, both n justice to the service and the Court. --- Thus the inquiry, which has occupied six days, ter. roinated. ROYAL NAVAL SCHOOL.—On Tuesday the half yearly distribution of prizes and the election of Presi dent, Vice-Admiral Sir C. Ogle having resigned, took place at the school. New-cross, Deptford. At a meeting of the Council, held previous to the distribution of prizes, it was resolved, on the motion of Sir Charles Malcolm, seconded by Colonel Robinson, that Lord Prudhoe be requesten to accept the office of President. The prizes were then distributed, when the principal ones were awarded to the following gentlemen, viz.:—Masters Wright, Ha edsley, Made, Collier, Parker, Chusan, Roe buck, Rosenbergh, Banbury, Fitzmsurice, Hill, Leslie, Shellard, &c. Honourable mention was also made of Masters—Gardiner, Burton, Leslie, Rich, Dowling, Cooper,. Burton, Harrington, &e. Master Gardiner, senior student, read an add's- ss to Sir Charles Ogle from his fellow pupils, expressive of their gratitude fir the ability .and kindness with which the gallant Admiral fulfilled the office of President. Sir Charles Ogle feel ingly aclincwledged the compliment. The retiring President left the examination hall amidst the warmest. cheers. On Monday last the thirtieth annual general meet ing of the Royal Dispensary for Diseases of the Ear, was held at the dispensary, in Dean-street, Soho, Henry Holland, Esq., V.P., in the chair. By the report it ap peared, that since the establishment of the charity, in 1816, upwards of 14,900 patients have been cured or relieved. Considerable improvements have been effected during the past year in the treatment of diseases of the ear, and in no case has any injurious results attended the course pursued. Thanks were unanimously voted to John Harrison Curtis, Esq., the director and surgeon, for his unwearied devOtion, during thirty years, to the interests of the dispensary, of which he was the founder. In returning thanks, Mr. Curtis expressed his profound sense of the , vast importance of the study of aural sur gery, and his gratification at having been the means of calling into existence 'an institution which has done more than any other cause to diffuse a knowledge of the subject. He stated that there were frequently more than 180 patients in one day attending at the dispen • sary, a fact which shows that such a charity is of the most extensive utility. He concluded with some re marks on the deaf and dumb, whose claims on their more fortunate fellow-creatures cannot be adequately met by asylums in which their total privations of hearing and speech is t a k en f or gran t e d ; as M r- C urt i s i s o f opinion that the great majority of those who are deaf and dumb in early life might, by proper treatment, be restored to the enjoyment of those invaluable senses. IMMENSE INFLUX OF SHIPPING INTO LIVERPOOL.— Ow;ng to the prevalence of easterly winds, some of the Liverpool docks were almost emptied, and the labourers usually employed in them driven to serious straits ; and many So actual want. A favourable change of the wind, however, having taken place early on Saturday, a vast fleet of vessels began to pour into the Mersey ; and by Sunday afternoon not less than 128 sail, many of them large American and Canadian vessels, with cargoes of breadstuffs, cotton. timber, &c., had come up, and with the exception of 17, were safely docked. Of the vessels docked twenty-two are from the United States, with an aggregate registered tonnage amounting to 11,054 tons ; nineteen are from Canadian ports, aggregate burthen 10,019 tons ; three are East Indianien, tonnage 1,187 ; and the remainder, other foreign and coasting vessels, tonnage 6 280. Of the seventeen vessels in the river, seven are Canadian, five American, two East Indies, and three foreign, the tonnage of which average 500 each, or 37,000 tons in all arrived from the Saturday morning's tide to the Sunday's mid-day tide. This change is cal culated to do infinite service to the working poor, and all connected with the shipping and docks of the port. THE ALLEGED REMOVAL OF TUE WELLINGTON STATUE TO THE PARADE, ST. JAMES'S PARK.—What eyer may be the ultimate destina . ion of this statue, its final 'seeing place will seemingly not be here, the recent excav:vions said to be for that purpose on the Parade, fronting the horse Guards, being yesterday filled up and abandoned. WINDOW SMASIIING.—In consequence of the in creased number of prisoners brought up before the Lord Mayor and Aldermen of the two police -courts in the City, within the last fortnight or three weeks, for smash ing squares of glass in the shop windows of various traciosmen, some of them varying in value from 30s. to 51., for the avowed purpose of being committed to gaol and thus come in for a share of the good fare on Christmas-d iy, orders have been sent to the governors of the Coinpter and Brideweil, directing them that in every such case the usual Christmas allowance of roast beef, plum• padd , ng, b , er, &c., should not be given to them, and it is thus hoped that in future they will not be so anxious to get themselves incarcerated when the ' will be that they will only receive the ordi- ' - ;OURT OF EXCHEQUER, Dec. 23. CLARK V NEWSOM.-FALSE IMPRISOrMENT ON A CHARGE OF FORGING RAILWAY SCRIP. In this cause Sir F. Thesiger and Mr. Humphrey ap peared for the plaintiff Mr. Watson and Mr. Greenwood appeared for the defendant. This was an atAion in which the plaintiff sought to re cover compensation in damages for haring been given into custody upon a charge of uttering forged railway scrip. Ifrom the opening statements of Sir F. THEsIGER, it appeared that the transaction in question arose out of the case of Faulkner and Fabian. The plaintiff was at the. Hall of Commerce, as a jobber in railway shares I during the course of his transactions a pertion of the name of Richards brought to him fifty shares in the Bucking hamshire Railway, and desired plaintiff to sell them for him, and that he would give him the usual broker's coin- Mission. These shares Were accordingly sold Id a per son of the name of Robins. Just rtt thfs period Faulk ner and Fabian were arrested upon the charge of forgery. of scrip in this s ame ra il wa y, an d w i t h in tt few day of that period, defendant, who had purchased the shares of Robins, which turned out to be forged, caused the plaintiff to be given into custody on the char ~e now complained of. Tne plaintiff was examined before the magistrate at Guildhall, upon which occasion he was ordered to be remanded for four days, and at the end of that period Was brought up in company with Faulkner and Fabian. It was under these eircum tances that the present action was brought i and he was certain that the Jury would consider it a Case in which they Would award large damages to the plaintiff. A number of witnesses were called ) who gave evidence corroborative of the above statements. Mr. WATSON, on the part of the tiefentlanth dohtendrd that the defendant had tin* ho there than his duty in giving the plaintiff into custod'•l a d that h was evident f rom t h e f act th at tfle magistrates thought * tho ds ug r h ig t h it t so suspicious that they refused to discharge him on bail. His .darned Friend, for the plaintiff, had dwelt at &Atte length upon the hardship of his being deprived of his liberty for four days t that was an act rot. which the dez fendant was not liable, it was the act of the magistrates. It had been said that the forging of railway scrip was not a forgery under the statute, but a forgery at common law, and that therefore the plaintiff ought not to have bean arrested without a warrant and previous deposition on oath before the magistrate ; but whatever might b 4 the opinion of the court of law at Westminster upon that point, still ho would contend that in moral turpitude one was equally as bad as the other. The plaintiff refused to give any reference as to his character when called upon to do so, he was not known as an established broker on the Exchange, end the de • fendant was perfectly justified in what he had done, and the smallest damages were all that the plaintiff was en titled to receive. Mr. Barber, clerk to Mr. Robins, stock broker, stated that the plaintiff was introduced is their house by Rich ards, that they had purchased several quantities of scrip in the Bulkinghamshire Railway from Richards which turned out to be forged, and which they had since been obliged to make goer!. Mr. Harding, solicitor to the Buckinghamshire Rail way Company, gave evidence of the forging of the scrip in question, and identified some produced by the de fendant which had been purchased from the plaintiff, as forgeries. Edwards was present at the time the plaintiff' was given into custody, and the plaintiff offered to pay down 101., and to deposit some Indian sc►ip as security with Mr. Robins for the payment of the remainder, but upon the arrival of Mr. Newsom (the defendant) who came in at the time when the offvr was made, he (the defendant) said, " No, no, this will not do ; it is necessary for the character of Mr. Robins, and due to his position on the Exchange, that the affair should be publicly inves tigated, and that he would be no party to any private arrangemeht of the matter." Witness also attended at CLERICENWELi: Mary Costello and Thomas Pelle, who have been several times before convicted of robbery, were charged with stealing a quantity of wearing apparel, the pro perly. of Mr. Righeth, of No. 1, Richmond-terrace, and of Mr. Hill, who resided close to Mr. Righeth. It appeared that a constable of the N division met the female prisoner carrying a large bundle, and inquired what the bundle contained, when her answer being un satisfactory, he took her to the station-house, where the articles were soon afterwards identified by the ser vants of Messrs. Righeth and Hill. Upon the prisoners' lodgings being searched a quantity of other property in a wet state, as if taken from a line after washing, and a pair of shoes which the male prisoner had on his feet corresponded exactly with the foot-marks in the gardens of Messrs. Hill and Righeth, from whence the property had been stolen. At the request of the police, Mr. COOMBE remanded the prisoner for a week, in order that further inquiries might be made as to the property found at the prisoner. odgings. THE TRIAL OF CAPTAIN BULL. The Court assembled on Monday morning at Chatham Barracks, according to adjournment, in order to hear the prisoner's defence. Contrary to general expectation, witnesses were called both by Major Shadforth and Cap tain Bull. On the opening of the Court the prisoner called wit nesses . to state the opinion they might have formed of his character, both as an officer and a gentleman. Captain G. Edwards, 57th Regiment, said—l have known Captain Bull since the early part of last year. I always considered him gentlemanly and correct. I was intimately acquainted with him about a year in India, and by that means had an opportunity of forming a cor rect opinion of him. I always considered him very obedient to all orders he received in the way of military duty. Captain W. F. Harvey, 57th Regiment, said—l have known Captain Bull since I joined the 57th Regiment in 1845. During that time I formed a high opinion of him as an officer and a gentleman. I have never seen or known anything of his disposition leading at all to the subversion of military discipline. Captain Langford Croft, 57th Regiment, said—l have had the pleasure of Captain Bull's acquaintance since he joined the 57th Regiment. I consider him a gentleman and a man of honour, and a person disposed to be on good terms with his brother officers. I never knew him to assume a position subversive of military discipline, or manifest a disposition to usurp authority that dia nut belong to him. The accused then handed in his defence, which was read ley the Deputy Judge• Advocate. It embraced the various points connected with the evidence, and was at great length. It commenced by thanking Major General Brotherton and the members of the Court for tho kind and attentive indulgence they had shown towards him in the investi gation of the case. Having already engaged their atten tion f.r a considerable time, he would on the present oc casion occupy as little time as possible. He wished first to direct the attention of the Court to the letter written by the Town-Major of Cape Town, which had been pro duced by Major Shadforth, and used as evidence against him. That letter contained an order to release Major Shadforth, and place him (Captain Bull) in arrest: al though that document hail been produced in evidence, there was no proof that the signature to it was that of the Town-Major. He thought the Court attached undue importance to it. It was evident from the letter that a court of inquiry had assembled, but that was no Fool' it was a just one. He wished, however, to cast no re flections on the members of that Court, which was com posed only of three officers; but he did not think that a full investigation had taken place, for that Court was only engaged three hours in deliberation, whilst the pre sent, which was one of a very similar character, had ex tended over a period of 30 hours. In directing the at tention of the Court to the evidence of Captain Stanley, he dwelt upon that portion wherein ha stated - that he would not leave his cabin to join him in what lie considered a most irregular proceeding; to assist him, by his presence, in assuming the command of the regiment. On this point he dwelt with much force, sub mitting that if Captain Stanley believed Major Shad forth was sober, he should have informed him that such was the case, and thus have endeavoured to avert what he considered a violation of military discipline. lie expressed himself in strong terms on that point, and said he would with confidence leave the Court to draw its own inference. He next directed their attention to the evidence in support of the defence. With regard to that of Mr. Allen, the commander of the vessel, who had deposed that he say(' Major Shadforth come on board, fall down on the deck, and afterwards stagger into the cuddy, he begged to assure the Court that he had no feelings of animosity, nor any desire to injure Major Shadforth or the other two officers. Turning aside from the evidence, would it not seem that if Major Shadforth was not in the state sworn to by the witnesses, he would have come into the cuddy when called upon ? Was it not his bounden duty to do so ? which, if he had done, he assured the Court that he would have found no stronger supporter than himself. The only inference in his (Captain Bull's) unbiassed judgment was, that Major Shadforth was i i i n a c d a n p o ac t it b y e , o a u w t a . re l o f f su h e t h a the at case, prevented i‘iait)r his sh a coming dfort h eanndtht might, at that time, have repelled with certain success cabin bin not sent h e told for h h i that m. ue always respected Major Shadforth , and always paid him a d th e e n ee ch o a r f g t e e t u h t e e n n a brought d s ag t a h in e t s : h w i a m s . n ln .l m t p h o e r t e a v n i t part, where the witness stated he was called up by . Major h S e h a d d i d for n t o h t , want , o h n i m g o ; in that deference which was due to a commanding offic er . It had been stated that he had been reprimanded by th e major on the occasion of his l e a v i n g the barque Mary Anne, whilst on duty, to go on board her Majesty's t g ha t t o he his had steamer Thunderbolt, Now he could assert with truth that that reprimand engendered no feeli ng o f resentment or malice against the major. lie had, however, had his own feelings of remorse and regret at leaving the Mary intimate l e dby y with k new Anne as he had done on that occasion. H e never existingof any animosity between M a j or Sh a df orth and hMimr..Alrleien,knnieirwwnats thehe particularlyhtlmmeseltfhathe w as e ai Cap tain Allen that he was taking a responsible position. He was called from his bed by the captain of the ship, who demanded his aid to protect the vessel from the fearful risk of tire. Had he remained quiet, and anything had As occurred , lpable An t i t t e, w e h representedtiel'ed'm''ttuls,l)tdthhtaeatvlvoel have him l i eenn b c y gt - o au t i k i l i i i e t ti - m i n : f' striticeteuri euired a of r Ik a trf crimi nality,aatervrye. consileration what to do. It was impossible to say what a man may do who is deprived of his rvason. On such a report being made of the state of a commanding officer, was the next in command to be a passive sp,c -" ? If he had remained quiet, it was impossible to t might have occurred. The captain might have tier his crew, quarrelling might have ensued, ' have been said to him for remaining 1 have been made amenable for neg -dyed that the master had god fie had hinatelf called Lieute had told the Court of the He thought the Court - iircumstances, that the ruceeded to Major nination to place - • - n of the ac 'Own he tato. say whi, called togeti„ and what wont, passive ? He wont, lect of duty. He con, grounds for his re,'ort. - nant Grant as a witness, wli noise going on in the cuddy. could not consider, under such ship was in safety. When he p_ Shadforth's cabin, he went with a deter', him, if drunk, in arrest ; if sober, to tell hi, cusation that had been made against him ; ana saw him the state he was in was but to:, - ; ~v d ent. maintained he had infringed no orders to th of military di sc ipli ne, b ut that he had acted in c so.. cordauee with military l aw . Captain Bull then referre ~...,i ~1:j1~ English •• •• [rich ........ 'oreign A POPULAR ---------------------------------"--d TREATISE on the HEALT H, LIF"n ia°lsl ETEENTH EDITIONOt ogled NIN . Lion. THE Ehe SILENT FRIEND. . on the banefulloss o f free bY Ki s ' s th price BODILY2sP.'6UdN.C; wee S. _ . (in g 0 35 6d., A MediC al r iV e fort condary e t ff h e e ct r s ep o ro f d j u n c d ti ,il ve e p n o c t:ers , Wi th M _ A e s an t;i:t t ar eSi r. neglect.. ~ D y F e T . I- u m ' g y s S i : f - d m o lcplotowo.ms, &c., are fully po g inted ' , e dcobi„)...lotbi Consulting T. Surgeons, g i o e n o s . go, out. ,„, R. alis "- Stree by Strange, Sold I by the Authors, and may be bad at theft„ .o .. e obsi' nLondarenri.sge. rinu'leate.- " ,, -.f' Pl/ r,2gl,aP3aiptaetrnrin2osotnierai-rojuitv ;:ation'tooi;l:;:cetor. pre e v e e t t , it a c i d id fr 3 o 7 m , R fo o N :a n o l i . Exchan 0 . and all boo k-Nile". 4 h." ib° t ; Purkis, Compton-street. Soho ; HannaY and uo• ""' str Part I. of this Work is garticularly addressed Illtistrate. .L. itia lain disqualifications, and will bef ound an aValla ble in''. the means of perfect and secret restoration tom _ a , diseas es, ~. anhood. eithe r Part II treats perspicuous!) upon those forges n et ton, 011 01 ":2 in their primary . or secondary state, arising from I dio t aid, ea" -- how nurnloers who neglect to obtain compe t e nt 11l _,, tip upon themselves years of misery and suffering- i i direct s " - u a e r s i s s , in lo g ss fr o o f m a y p e pe n :I r . The CORDIAL BALM OF SYRIACLIM is e xcl " veankness. pat" I the cure of nervous and sexual debility, irregu lar "' 'I; an d OW . L e e r: tie. T - be bad as usual. CE An aut i ' he .1' ive-pound wises may The CONC ENT it I TERSIVE ESSEIS ._ _ A ~,,.i n yr appetite, indigestion , i e n . d c ites sse ti , o , n ta , 00 . os r m o P ti l v i e c h as ali d 333. per O t. --TED DE r ifying the b10....vm. syphilitic remedy for ~,,,,,,,Dw out and pu ead , face , a nd I t nereal contaminatio curvy blotches on the from , im nroper tren • ulcerations, and those 3. s pa i nful-'affe c tions arising .- III - tlons of the skill. , ment, and 335. per bottle. o s 9d.. 41 ' PERRY'S PURIFYING SPECIFIC PILLS, Pee - --g * ctures, itV and Its , per box. are the most effectual remedy for stri ...inci to flacamation, irritation of the bladder, &C., without hillm business. • *Se l a lir Consultation fee, if by Letter, 11. A minute detail o f c ~,e lO4 cessary. Messrs. Perry are in daily attendance at their er o, a nd 19, Berners-street, Oxford-street, London, from eleven all " eve till eight; and on Sundays from eleven till twelve. ________ ON THE SECRET INFIRMITIES OF TOUTS Ar MATURITY. •,ryt.TOS. WITS! TWENTY-FIVE COLOURED ENGRA Just published. Twentieth Thousand, in a sealed envelolisel, 2s. 64. or post paid, to any address, for 3s. 6d. in Postage • direct from the Author's residence. fife IQ ELF- PRESERVATION: A Medical Tre li to g on the Secret Infirmities and Disorders of Youth and r:0 0 00 Illustrated with Twenty-five Coloured I'lateS on the _Oa Physiology, and Diseases of the Urinary and Reproductlin b fir" t explaining their various structures, u se s, an d functions, an u ,,"d of!: the injuries that are produced in th em, b y solitary habl,:isorn exc';sses. With Practical Observati ons on t h e Treatment Debility, Local and Constitutional Weakness, and other 0. 7 the Urethra. By SAMUEL LVIVIERT, CONSULTING SlTE° s°l4' 9, Bedford-street, Bedford-square, London; if o p Matriculated Member of the University of Edinburgh tuts Member of the London Hospital Medical society , L"" -- Apothecaries' Hall, London, &c. # don CONTENTS OF THE TREATISE. ~T lin CHAPTER 1. On the Philosophy of Marriage, w ith t inioeS f e and° bligations, and on Infelicitous and UnprOdliCtl7 oen eftd CHAPTER 2. On the Anatomy and Physioloff of roi l lng that c gi ti ;-° Organs, their functions, structures, and secretions, Pir hesitlif Mental and Physical lower are dependant upon the 6 _ o 0.. 0 04 —CstArvaa 3. On Solitary Habits; their variou s _ n . e` 00 0 .4 Animal Economy; the concealed cause of Debility wea lo e.o f o r t s of the Stomach, Lungs, and Brain, and general o f Mental Faculties. CHAPTER 4. On h and Maturity, and the Tr ea t men t o f tiTe'r and L 59-I,nd 6. of Mental Debility, and Pre ma t ure D e cay.—CHAPT e " Golle the Disorders arising f ro m i n di scri minate Gleet, Strictures, and other Diseases of the Uret hra. REVIEWS OF THE WORE• as° . legs li folce Secret Dlso_ ocrde.rsiir ;joshis of "The author of this singular and talented W eil able et moni es fled medical man, who h as ev id ent l y h a d conside r the ele e d. fl e the trr fitment of th e var i ous disorders , ,flitalua CE _,ast frailtied of early indiscretion. The en ravings by demonstrating the consequenecS can nd_ act as a salutary warning to youth and maturi t Y t i; saw' many questions may be satisfactorily replied t° , A ' 6 ; .h rt peal, even to th e mos t confidential friend."—Er a ' his reS'" en icoir6, Published by the Author, and may be had a' rjan nal from Kent and Richard.), 52, Paternoster-row: 1 -.• t . gor" y - er pov• Oxford -street. Starie, Tichborne-street, Quadrant Leadenhall-street, London; Newton, 16, Chure h sn d 6 and by all Booksellers. Tif 0, tsi 01 At Home for Consultation daily, from Nine to, if gp. Five till Eight ; and all l e tt ers i mme di a t e ly rePli e ",,i the fee of 11., for advic e , & c .-9 BEDFORD-STUD.' SQUARE. LONDON . w o,/ THE LATE ACCI D E NT ON THE BOLTON I ‘ ll ,, l' t Of b : Tinsley, the stoker, wh o hsd one leg wed theircchetr' other leg cut off in this accident, died in the Infirmary, on Monday evening. fi s ._; lll. ed THE MURDER AND S UICIDE - --3( o l 7 Pii i L i; Owing to the vigilance of the police, a clue ig° s 0 03.- which eventually led to the identification of at e o fst i ,‘ and child whose bodies were found, under soe'ino,,loo;', rious circumstances, in the water, off W r at e u r ' a v 0 03 1; on Monday forenoon last. It appears that t ,",„" d '" had formerly lived in the service of several le--110 it Lambeth, but whilst in one of her situations she her, seduced, and ultimately gave birth to the child with Pri; Since her confinement she has been subject °t4,- tog n wee r vation, having no settled plac e o f a bode, living otb e " in one part of the town, and then shifting age "red her •n i te quarters. Her name was Hannah Reid, 32, and the child was only I t months old, °li d an ik' re . .e °° William Reid. From what has since tea ll 'r l res!:: doubt any longer exists that the unfortunate fr,pty'v f ; had destroyed her own life and also that of ber,° The last time she was seen alive was on ThursOln'a she appeared very disconsolate and unhapPYtths;e er frequently stated that her troubles were mor e w lette r _i: could bear. Since that day she had written s h - e the person who identified the bodies, in whi ch !' 'et e ,,4l . known her intention of destroying her 1det,.,111-receti boords that it was all owing to the treatment she o'" from one of her own relatives. The letter is i n t e a l° st tblb of the summoning officer, and will be product t ot coroner's inquest: It is the general opini ell ,V iii h'y unfortunate woman's mind had become icoPe „ Leter_,.; to the disgrace; she had brought upon her ch at "ii her imprudence, and the destitute state she /"- sequence reduced to. C ol t, [ADVERTISEMENT.] B ON T,rs , E VEL AND n a pe PLAINTS CURED BY HOLLOWAY'S PILLS.—A to, a the oe. dir J. Butlar, of tickileld, Sussex, belonging to her Mai e , S ;ilth "not was four years in B irbadoes, where he suffered seTere/Y t DUI .-, o r ordered state of the bowels, ending In dysentery at _„ l46 ,loo_, l irfil and stomach became much disordered, and his health svr., - y very bad. He received every attention from the ini i , i ,,7 - 110 . .,'"the gentlemen In Barbadoes, but yet he continued so ,'",„ - f t irom; o ni; very was considered very doubtful. Failing' to get r''," - hlclr f , of usual treatment, he commenced taking Holloway's Pis' t " act , % - tr pletely cured the liver complaint, and induced Pe riec ,,,E49 l the bowels. Sold by all druggists, and at PrOfetlfier 110. v ' blishment, 244, Strand, London. --------- BIRTHS. On the 20th inst., at Ickworth, the Lady Arthur gefire of a son. f 1 1 On the 18th inst., in Dorset-square, the wife ' 2-1 Esq., of a daughter. t i 05 9 r On the 19th inst., at Lee, Kent, the wife of SeP--in r i 50... vidson, Esq. of a son. °1 On the 19th ' inst., the wife of F. Le Gros Clark. F- , Tq . ' i . r , Sl* a, On the 19th inst., in Albany- s treet, Regent s - P Howell, of a daughter. le af of the On the 20th inst., in Charte r house-square, the , ci.itre so Rev. W. Goode, of a son. On the 20th i n st., M rs . H enne ll, of Northurn her's° Strandthe 20th , of a son. doe , of . On inst., the lady of Major B orra daughter. -..--- ° • b On the 19th inst., at Lewish VARRIED. am, Arthur Smtt • t° Al Maria Francis, relict of the late F. Francis, Esq , P h ! On the 19th inst., at Trinity Church, Newingtolhoop Kibbey, Esq., to Mary Anne, only daught er of 1 Jenvey, Esq., of Trinity-squ,re DIED. ll e°l4 On the 18th inst., at Brighton, Valentine Antonio, ei $ son of the Baron de Thoren. of Underdown, LedWl tr" fordshire. CAP On tne 12th inst., in George-street, Edinburg'' , p Peter Flay. eAC BII - On the 13th inst., Miss Elizabeth Bell, of Burton-a On the 17th inst., at Blackheath, B. Goldsmid , g, s , s % P S' On the 18th inst., at Langport, Somerset, Mr. °v.- _ 4 4 dal!, aged 90. . '. 'VOA • •'' On the 20th inst., Jane, the wife of 'Milian!' - of Windsor -terrace, City-road, aged 85. •-••••"!..111' so.,ct _ O Y 01. 7104 ;--,.,,,. : niool 1,11 , ; Publisite , l by IVLIED th o e i- rtlie ,i,,,,,, I :int e r, :Ai Ch, .5,47; 01:14... , N., II 2 strand , io ur oos of the Savoy, in th e Counts' o wallops, I li comber 24, WO. A MARKET NE WS.--(YESTERDA Y.) CON,N—EXCECANG E. This week's fresh arrival,: of English Wheat have been moderate, though of fair average qu ' ality. To - day the shoal of samples of that article was by no means large, yet the cted de: sele mand was rather inactive at Monday's quotations. qualities of free foreign Wheat sold freely; other kind/ slowly, at late rates. In Wheat under lock a f e w transac: tions were concluded for shipment to Ireland. The demand for Barley was steady, w but value. In Malt comparatively Ft tle was doing. Oats, Beans, rovement 01 Peas, and Flour were quite as dear. ARRIVALS. Wheat. I Batley. Oa ts f flour. 1,580 qrs. 1,040 qrs. 360 qrs. La" 5,720 2,50. 4.720 Malt. 1.050 qrs. WHITECIMPEI. t, Very large supplies of Meat were OR sale here Ye owing to the prevailing wet weather, the general deinand inactive, do as follows:—Beef, from 2 s 8 d to 35 104:1; 3s 8d to 4s 8d; Veal, 3s Sd to 45 8 d; an d Pork, 3s 6a 4s 1 t° per Blns., by the carcase. Mutton, ii OAKS by ZOBERT J. CULVERWELL,M.n• if sc.& One Shilling each. by post On' and i4ixpenze 0 N SIN GLE-and s MARRA-ED LIFT (An Original Medical History.) CONTENTS: Analysis of the Affections —Early Conventional Ite.'`ttsint—_,.l.l.! direction—Marital Anticipations and Realities —Laws of Pau c.to rw_''fa Matenial Influenee—rheaomena of Gestation —On Intel' I . T o , Infertile Unions—lncongruous Alliances —Late Marr ia g es ea& Matches---Curiosities of Twenty-three Years' Medic al Eli° Ste. &c. 2. Oa CHASTITY and its INFRINGEMENTS (An Essay for 1846.) "Of human ills and frailties I discourse. Those taught by nature, and by art aenturkeen, Of griefs conceal'd, and disappoint ments d Which young and gentle, the matured an The lonely and the mated —ell In kindly spirit, herein counsel's 8. 04 g ay.' How health, how hope, hole hap piness to 3. and AVO ID WHAT to EAT, DRINK , With Diet Tables forall CoMplaints. fees Contents ;—llow to ensure perfeet digestion, tre n ,S . sn' good night's rest, a clear head, and a contented nnL"; l , the 1 1 e servnce of the instructons herein contained 1 110 f ee mit ystegn"' vously delica e, even to t the most shattered constitueS ion,_ he a l aid ren the greatest amount of physical happiness , full period of life allotte t man at Sin 4 " How we should liv d e— o what . eat, what drink' what A n tan? ',fee To reach in health full threescore Year s -- o . u pon These interesting little volumes, aithostbleer,„*lound of Ires surable and u g n en de e n ra t l ani very delicate import, as their titles everlitsingc tthur9eseaebnlelia ought tolol ei nW l utility, for they t whicn throng) but mu i s atedi h enlightened times, except that qu ell ., tY _„ P .oi r° t o f M atters inforniatioil in questionab e hannels, is at a very terrible disc h idden Wi th , :ft In the exposition hereby offered of the till n ?;./ it 1,4 nature, ct human disappointments and their WSJ. o wn his or If opon that w r contended that every reader shall become any more than their own la . wy .`"' t it 1 ... i org ist • W.,' th be i a l l a t ic h; should know the simple principles of - Our -4niza whereby our existence and the Issue thereof in theitse::errnaifiiiLn'd states depend. the duties that are expected of to if the ho lth e h apacities in the family circle, and the terms on Wili eu lioe to fe l f' et t in wari appine,s of the present and future race of mankind mito gi neir o By such knowledge, and which is herein And n sr (allifiS health will be found to be In' our own keeps ' fin fu ring within the attainment et all , by the avallment ou'; o ar %in our duty to ourselves, we secure the lit e advanteg__,el,,ea. to follow, and finally by the cultivation )1 our fitew,,':; - ihe ny",f, a . - has a consistent with degenerate health, the mind as w. -- ,„e5 the ""'- be exalted to the summit of perfection, as best wn prat of God's creations. et his o. are a The author's justification for this seeming' en in r i , n ust be nl ha e l the ings, and the avowal of their integrity of purpose, t e e ktr by their perusal—his accredited qualification s • 1i ; topics broached involve his legitimate study and P_." --- Carea Lll A: or F To be had of Sherwood, 23, Paternoster-rn" 3 9 t) leet-street ; Hannay, 63, Oxford. street ; Man n ' 'et (lea s " — ese Rege n-titre nauy o n el direct from the Author, 10, Argyle-place, Great Marlborough-street), who may be advise d P e Z a u till I TU* matters daily till Three, and in the Evenings i Nni --v ba,"'t~r?llt, is eau th rif ts. he ti lia l 14 1 lga s Iga s ,11 40 :111 , 2t,1 -%14, ii 1, 4 / 7 .! 4 11%---- 2 , 4 : th Tll °Thl etai en, "4,rti eit - c3 --. bzti