The Sun. — London, England, 1852-08-16 00:00:00

EBOR HANDICAP. 5 to 1 agsc Aline 12 to 1 agst Odessns 12 to 1 agst Storyteller 12 to 1 agst Montagu° 12 to 1 agst Sir Roland Trenchard 1(0 to 6 apt Voltigeur 20 to 1 agst Bilberry 20 to 1 agst Nancy—taken 20 to 1 agst Merry Bird EBOR ST. LEVER. Offers to take 6 to 4 about Daniel O'Rourke GREAT YORKSHIRE. 6 to 4 agst Stockwell 8 to 1 agst Ilex BT. LEGER. 7 to 2 agst Stockwell 7 to 2 agst Daniel O'Rourke 6to 1 apt Songstress ' POLAND. A letter from Warsaw of the Bth, in the Cologne Gazette says—" In the two last days there have been 254 cases of cholera, 214 of which terminated fatally. The country people have in their alarm lost all energy, and the crops remain to rot for want of hands to gather them in. The symptoms of the malady are terrible. The sufferers have dreadful cramps, which carry them off in a few hours. At Swierezevo, where th ere were several hundred inhabitants, only ten remain alive. At Sieradz, a small town on the banks of the Wartbe, the deaths exceed 500." SY RIA. The Emancipation of Brussels states, on the autho rity of a letter from Constantinople, that the Ottoman Porte has refused to sanction the treaty recently concluded between the Government of Damascus and the inhabitants of the Huran relative to the con scription of the Druses, and is preparing t o march a strong force agai ns t th em t o re duce them to order. THE NORTLi — AMERI6ANFIS DISPUTE. lIERIE S The following is the text of the fishery treaty of 1818, together with the English interpretation o f t he document:— By THE PRESIDENT OF THE UN ITED STATES OF AMERICA, A PROCLAMATION. Whereas a conventio n b etw een the United Stat es o f the Kin , of the Unite d America and his Maje st y dom of Great Britain and Ireland, was made and con chided at London, on the 20th day of October, i n the sear Ex traordinary of our Lord , 1818, b y Albert Gallatin, Envoy an d Minister Plenipotentiary of the Unit e d States to the court of France, and Richard Rush, their Envoy Extraordinary and Minister Plenipotentiary to t h e c ourt of his Britannic Majesty, and th e Ri g h t H on. Frederick John Robinson, Treasurer of his Majesty's Navy and President of the Privy Council for Trade and Plantations, and Henry Goulburn, Esq., one of his Ma jesty's Under Secretaries of State, fully authorised and em powered by their respective governments: And whereas the said convention was duly ratified by his Royal High ness the Prince Regent, in the name and on behalf of his Britannic Majesty, oa the 2d day of November, in the year of our 'Lord 1818; and by the President of the United States, by and with the advice and consent of the Senate thereof, on the 28th day of January follow ing:. And whereas the raiifications of the two govern ments were exchanged in the city of Washington, on the 30th day of the present month of January, by John Quincy Adams, Secretary of State of the United States, on the part of the United States, and the Right Hon. Charles Begot, his Britannic Majesty's Envoy Extra ordinary and Minister Plenipotentiary near the United States, on the part of his Britannic Majesty; the articles of which convention are word for wcrd as follows: The United States of America, and his Majesty the King of the. United Kingdcm of Great Britain and Ireland, desirous to cement the good understanding which happily subsists between them, have, for that purpose, named their respective plenipotentiaries, that is to say: the President of the United States, on his part, has appointed Albert Gallatin, their Envoy Extraordi• nary and Minister Plenipotentiary to the Court of France, and Richard Rush, their Envoy Extraordinary and Minister Plenipotentiary to the Court of his B.i tannic Majesty; and his Majesty has appointed the Right Honourable Frederick John Robinson, Treasurer of nis Majesty's Navy, and President of the Committee of Privy Council for Trade and Plantations, and Henry Goulburn, E3q,, one of hie Majesties Under Secretaries of State: who, after having exchanged their respective full powere., found to be in due and proper form, have agreed to and concluded the following articles:— ARTICLE I. Whereas differences have arisen respecting the liberty claimed by the United States, for the inhabitants there of, to take, dry, and cure fig), on certain coasts, bays, harbours, and creeks of his Britannic Majesty's dominions in America, it is agreed between the high contracting parties that the inhabitants of the said United States shall have, for ever, in commoe with the subjects of hie Britannic Majesty, the liberty to take fish of every kind en that part of the southern coast of Newfoundland which Letends from Cape Ray to the Remueau Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Qeirpon Islands, on the shores of the Itigelelen Llands, and also on the coasts, bays, harbours, and creeks, from Mount Joly, on the southern coast of Labrador, to and thrcugh the Straits of Bellisle, and ther.ce northwardly indefinitely alor g the coast, without prejudice, however, to any of the ex clusive rights of the Hudson Bay Company; and that the American fishermee :tail also have liberty, for ever, to dry and cure fish in any of the unsettled bays, harbours, and creeks of the southern part of the coast of Newfound land, hereabove described, end of the coast of Labrador ; but so soon as the seine, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled without pre vious agreement for such purpose, with the inhabitants, proprietors, or possesaore of the ground. And the United States hereby renounce for ever, any liberty heretofore enjoyed or ciaim,cl by the inhabitants thereof to take, dry, cr cure flan, on or within three marine miles of any of the coasts, bays, creeks, or harbours of his Bri tanic Majesty's dominions in America, not included 'within the above-mentioned limits: provided, however, that the American fishermen shall be admitted to ent e r such bays or h ar b ours, for en the purpose of shelter and of repairing damages therein, of obtaining water, and forpurchasing wood, and of no , other purpose whatever. But they shall be under such restriction s asmity be necessa r y drying, or curing fish there p in, or in any other manner Whatever abusing theprivileges hereby reserved to them. It is agreed that a Itri:ditrEtaiaLfrom the most north parallelp of the Lake said point shall not of north latitude, or i f e t v h vood. along the 49th be in the 49th parallel of north lattieltitiae2 then that a line, intersect the said ph hictr South, as the case drawn from the said point dahehnaour may be, until the said line the ter rrallel, shell rallel of north latitude, and from th e section due west along and with the point of each inter be the line of demarcation between tie jestouthern United States and ;hobo of his Britannia territo ries of the e h apty, and that the said line shall form the northern the said territories of the United States, and th e und ltrY of boundary of the territories of his Britannic the Lake of the Woods to the Stony Mountain:. Y ' rruru ARTICLE 111. It is agreed that any country that may be clai med b either party on the North -west coast of America, Wee?: ward of th e Stony Mountains, shall, together with its harbours, bays, and creeks, and the navigation of a ll rivers within the same, be free and open for the t erm of ten years from the date of the signature of the pre sent convention to the vessels, citizens, and subjects of the two powers; it being well understood that this agreement is not to be construed to the prejudice of any claim which either of the two high contracting parties may have to any part of the said country, nor shall it be taken to effect the claims of any other power or state to any part of the said country; the only object of the high contracting parties in that res- Pect being to prevent disputes and differences amongst themselves. ARTICLE IV. All the p rovisions of tho convention "to regulate the °orate ea , .. . eree between the territory of the United States the of his Britannic Majesty, concluded at London, on th e e ', u 2 1,1 3! of July, in the year of our Lord 1815, with I . o „'", e lt e ton of the clause which limited its duration to affected 4 and excepting also so for as the same was the island otill declaration of his M a j esty respecting tinned in forcere . Hele na are h ere b y extended and con of the signatu of " the term of ten years from the date manner as f l ail the the present convention, in the same were herein..l prov isi e ons of the said convention veciady recited. Whereas it was a ArertcLE V. of Ghent, that .. AriZ e d rr b, 3' the first article of the treaty whatsoever, taken mayimy, places, and possessions be (teparnty from the other, during the will', or which islandskcafter , he signing of this 1 treaty, excepting only the _,ltithsereinafter mentioned, I shall be restored without dela the artillery or I destruction, or carrying " p l ay ( : 1 1 1 without causing any 1 pu bli c property originally „ y _ cli other !Allr e d - forts or places, which shall remain there' in the said change of the ratifications of i tabs treatyln:Pon the ex or other private proPerlyt" 4rici, -trlgany slaves, aforesaid art;cle, the United States cleire e fei: ntitlicir tler the z ll*, and as their primes oorTyrty,, the rtsti tution e T f " or full compeceaticu f f.all j„. 3 Who, at the date the exchaige of the raiticaticrs of tho said tromy W ere f i n knY terri , :ory, Pl';ce 3 , or P ( ''' Eessi3 whatsoev., teeter' b the seid tm'•ty t o be restored to t he II n ited Stat e; but then tt'll occaPied by the British foress, whether such s o av i 3 ~, , r e, at the dste atoressid oo „ i shore, or on "i„ ~.. „rt, , a ny 13;','A,i'a yr,s4,l, ! ling in ~ t he territory or juri!,dictiou the with' of the 11„- • ''' and whereas differences have arisen Whether ; t h e troy intent and meaning of ivh t e h t e her, by ij article of the 1 tresty of Ghent, tea Unt a to f d re ;ta ' tes are entitled to the 1 reiitoration r.t., or f ull .--- ". fo - , ail or any slaves, as above describ a d, th e e Gre ,P", 4 'setz ue '. parties hereby agree to refer the said dill contractingg eriendly sore reign or state, to be nena ll ed reia c ces h to : SG I purpose; and the high contracting parties furtherf .r t ar, consider the decision of such friendly sev engage to be final ereign or state to and conclusive on all the I , matters referred. ARTICLE yr. This convention, when the same shall have been duly i! ertirb TATTERSALL'S.=-THIS EVENING. SIX O'CLOCK. TitlE SUN, CHARGE OF FORGERY AGAINST A CLE RGI MAN. WORCEiTEB, SATURDAY EYENING.—The inquiry into a charge of forgery preferred by Mr. Hughes, solicitor, of this city, against the Rev. James until recently curate of Shrawley, in this county, wee resumed at twelve o'clock to-day, at the police-oourt, c p it e y lie b e en in ch a . gia M tra r t . e iV e r e i d gh l‘ t, l o r i b jß e i f rxt o m r nGs M uh ta r om . b e d ne e en b do o t uf t et a tb n eed i , the prosecution, and Mr. .The Elgee, of Worcester, th e defence. police-court, which is an inconve n i en t room at the back of the n er fi z t y te . d for carrying Guildhall, totally ,lowcasl e e l crowded to suffocationpeople public ig anxious to hear th e resu l t, and among them were one i e n r y t e w st eo a f ti t o h n e a on bya The case, ase, it should b e men ti one d, was adjourned on last s o clerkn,ao t w theve however, w or t ged oall ß ow ill, ti wb me o to send for thedraw e e a r of the alleg e d f in a e s E notlm was represented to b Elms forthcoming, Station, Vauxhall.and Mr.'Wright, I This per for the prosecutor, asked time to produce officials from that station to prove that there was no such person employed at the railway, nor had been at the time when the bill was drawn. This, it was under stood, would bs agreed to, and in the meantime. Mr. Thomas, clerk at the Worcester Old Bank, was examined to prove that the prisoner kept an ac count at that bank from 1849 down to a recent date ; that he had frequently seen him at the bank; that he frequently signed cheques at the counter, &c. The witness however could not positively swear to his handwriting, but he knew it from having had his cheques frequently pass through his hands for entry in the bank books. The forged bill was then handed to the witness. It was in the following terms : " London, March 1, 1851. " 3001.—Six months after date pay to the Rev. James Nisbett, or order, the sum of three hundred pounds, for value received. " RICHARD MITCHELL. " To William Robert Nisbett, Fort Nisbett, BurHs-a-Bane, Ireland. " Accepted—William Robert Nisbett, payable at Messrs. Scott and Co., bankers, Cavendish-square, London." (Endorsed) " J AMES NISBETT." The witness, on examining the bill, gave his opinion that the name of the drawer, the body of the bill, the name of the acceptor, and the acceptance, were all in the same handwriting, and that the whole was the handwriting of the prisoner. The handwriting of the endorser though larger than the rest, was also of the same character, and the writing of the prisoner. Mr. Winwood, the cashier at the Old Bank, was then sent for, and produced thirty-three cheques which had passed through his hands, drawn by the prisoner. He bad seen the prisoner write frequently, and should say that the whole body and signatures of' the bill produced had been written by him. The bank had bad several bill transactions with the prisoner, and he had no recollection of ever having seen the sig.- nature of "Richard Mitchell'' before. Mr. Wright submitted that this was sufficient evidence to warrant the magistrates in committing the prisoner for trial. The witnesses had given evidence distinctly showing that this was a fictitious bill, signed ley fictitious signatures, and in the handwriting of the prisoner, which was as much a forgery as if an indi vidual's signature had been actually counterfeited. Mr. Elgee, for the prisoner, on being called upon declined to address the Court for the defence until the case for the prosecution was actually closed. Mr. Sidebottom said that at present he had no evi dence before him that there was no such person as Richard Mitchell, and he therefore thought an ad journment advisable, in order to clear up that point. After some conversation, the evidence of Glossop, inspector of the Bi rm i ng ham police, was taken, as to the apprehension of the prisoner, and the papers found upon him. Inspector Glossop deposed that from information which he bad received he apprehended the prisoner, this day week, at the White Hart, Digbetb, Birming ham, and took possession of a quantity of papers found in his possession. These papers (which it is said contain some reve lations of consequence) were, by consent of all parties, now placed in the custody of Inspector Chipp, of the Worcester police, who was instructed to allow the solicitors on both sides to inspect them in his pre sence. Amongst the papers is a very full and elabo rate diary, which it is said will furnish some materials for the prosecution. The prisoner stands remanded for a few days. REPRESENTATION Or DtramAsr.—Since our last, a deputation from this city, headed by Mr. John Henderson, has had an interview with Sir George Grey at Falloden on the subject of its representation. The Right Honourable Baronet declined an invitation which was given to him to present his name to the electors; the reasons which in fluenced him in coming to a decision which the constituency generally regret have not transpired. Mr. Fenwick, of South hill, the unsuccessful candidate for Sunderland at the late election, will, it is now understood, offer himself on the Libe ral interest, and the address of Lord Adolphus Vane has been published. The contest will ba close and the result there fk re doubtful, but we need hardly say our best wishes are with Mr. Fenwick, who is every way qualified for a seat in Parliament. Newcastle Guardian. THE LIVERPOOL EXCHANGE VOTING LIST.—The votes of the merchants on 'Change have been analysed, and are found to have been bestowed thus :—Cardwell and Ewart, 461; Mackenzie and Turner, 550; Cardwell and Turner, 38; Cardwell and Mackenzie, 1; Ewart and Turner, 1; Cardwell, 20 ; Ewart,B ; Mackenzie, 1; and Turner, 11. Of this clas,, of voters there were 320 who did not avail themselves of their privileges. PLYMOUTH, AUG. 15.—Wind N.W.—Arrd. 'LOOT of Venice, Fuller, Smyrna. Sid. Northumberland and Marlborough, Port Philip ; Lady Jocelyn steamer, Cape of Good Hope. ASSIZE IN TELLIGENCE. NORTH WALES CIRCUIT. —Chester, Aug. 14. CROWN COURT.—(Before Mr. Justice CROMPON.) THE STOCKPORT RIOTS. Mr. HUDDLESTONE addressed the jury on behalf of the prisoners. He commenced by saying that in ac cordance with the pledge he gave the previous day at the commencement of these proceedings, and in imi tation of the very judicious and proper course pursued by his Learned Friend (Mr. Welaby), he should strictly abstain from the use of any topics calculated to inflame, or prejudice, or divert the minds of the jury from the real question they had to try. They had, in reality, but one object in view, and that was to inquire whether any and which of the prisoners were guilty of the offence with which they were charged, for it was idle to deny that a serious riot had taken place on the night in question. They knew too well their duty to their clients, to the Court, and to the jury, to waste their time by idly discussing facts which must be admitted, so as to weaken their atten tion from what it should plainly be directed. And here he (the Learned Counsel) could not refrain from ex pressing his deep regret—andln doing so he was also expressing the regret of most of the defendants—that attacks most unseemly and most cowardly had been perpetrated upon large bodies of her Majesty's sub jects. At the same time it was right to observe — and he did not shrink from the observation— that had the peace of the town not been as sailed by the inhabitants of Rock-row assembling in a large body for the purpose of insulting or attacking all who passed them, there would not have been any of those deplorable events which all must regret. He could not help thinking that Mr. Frith, at an early part of the evening, saw the glaring folly that some of his own sect had committed, because the jury would recollect that he stated, when the news of the attack upon St. Peter's School was brought to him, he expressed his regret and his fear that it would pro voke retaliation upon the Roman Catholics. He (Mr. Huddlestone) could not help feeling that what passed through the reverend gentleman's mind at the moment was only the consequence of all the disastrous con• duct that occurred upon- that evening. It could not be doubted that a very serious riot took place on the night in question, but it was abundantly clear that it first began in St. Peter's-square, and with regard to that he thought it was clear that with respect to time the witness E,krigge must be mistaken, for between halt-past seven and a quarter to eigbt there were con • tinned disturbances in that square, and the windows both of St. Peter's School and Mr. Graham's house were broken. There was one most remarkable feature in the occurrences of that night. The principal wit nesses against the defendants were women, some Irish, some English, who appeared to have followed to the the mob from place to place, and yet it was most Catholic riot. uttenthe- sin gular that not one of them from the beginning end ventured to say that the slightest insult or ill nsuaBe was offered to them. No one would deny were the that a serious outrae was committed on both Roman thosechapels, and he was not there to deny that who took part in those outra were guilty of bad d then: question the jury to ecide was guilty of prisoners , or any, and which thatoffence. The Learned Counsel th en proceeded t o noti • in • notice the counts the indictment. The forem were ? an of the j ury i nqu i red how many there Mr. HUDDLESTONE The Junom—we . replied that there wer e t we l ve. on' with the count s now t need to tr ou bl e ourse l ves Mr. HUDDLESTONE—No, my Lord ; w it generally that th ey are all charged withe rl .m ot ay t4i , ke Learned Counsel then proceeded observe that his anxiety was to place th e case against each prisoner se parately and distinctly before the jury, so that they might he able to see how it applied to each, and' e able to try them as if each was a separate case. It was certainly not a little singular th a t a f ter the tnagis +rates had committed ten cf the Irish they should proceed to commit precisely the same numb er o f English by way of set-off. The jury, however, would not come to the conclusion that because some o f th e Irish had been convicted theref ore the English must be. It would be an insult to'their understanding to moment. The Learned Counsel suppose so for one the nature of the • evidence he then proceeded to detai l the prisoners. • should adduce on behalf o f With re gard to most of them be should cal l witnesses to prove that the witnesses on behalf of the prosecution were mistaken ; but with regard to the witness Corcoran ratified by the President of the United States, by and with the advice and consent of their Senate, and by Ids B:: annic Majesty, au‘i chc respective ratifications mutually exchangrd, shall be binding and obligatory on no said thiiteii S:ates, and Maje-ty; and the ratifications shall be rachariged in six month trum this da1 . .., or sooner, if possible. In witness wiaereot, the respective Plenipotentiaries have signed the same, and have thereunto affixed the seal of their arms. Done at London, this twentieth day of October, in the year of our Lord one thousand eight hundred and eighteen. (L s.) ALBERT GALLATIN. (US.) RICHARD RUSH. (L.S.) FREDERICK JOHN ROBINSON'. (L.s.) HENRY GOULBURN. Now, therefore, be it known, that I, James Monroe, President of the United States, have caused the said convention to be made public, to the end that t he same, and every clause an d art i c l e t h ereo f. m ay be observed and fulfilled, with goo d f a i t h , b y t h e U n ited States, and the citizens thereof. In witness whereof I have hereunto set my (L. s.) hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this thirtieth day of January, in the year of our Lord one thousand eight hundred and nineteen, and of independence the forty-third. JAMES MONROE, By the P:esident, JOHN QUINCY ADAMS, Secretary of State, the G Que en's l. l ega l opinion respecting b the interpre tation of the Treaty of a this i. on subject made by n compliance with a requis i tion tl: law officers, the Advoc43 BlB nd w t a la s e Lord Palmerston in Query 1. In obed iencelB to your Lordship's commands, we have taken th ese p a p ers in to consideration, and have the honour to report that we are of opinion that the treaty of 1782 was annulled by the war of 1812; and we are also of opinion that the rights of fishery of the United States must now be considered as defined and re gulated by the Convention of 1818, and, with respect to the general question, "if so what right?" we can only refer to the terms of the eonvention as explained and elucidated by the observations which will occur in an swering the other specific queries. 2. Except within certain defined limits, to which the query put to us does not apply, we are of opinion that, by f c r b o e m ter the ms roifghitheoti fishingreaty,American citizens are excluded coast of Briti s h America; w a it n h d in three thatthe mi p le r a esc a r f ib .‘ e h d e distance of three miles is to be measured from the head lands or extreme points of land next the sea of the coast, or of the entrance of the bays, and not from the interior of such bays or inlets of the coast, and, consequently, that no right exists on the part of American citizens to enter the bays of Nova Scotia, there to take fish, al though the fishing being within the bay may be at a greater distance than three miles from the shores of the bay, as we are of opinion that the term headland is used in the treaty to express the part of the land we have before mentioned, excluding the interior of the bays and the inlets of the coast. 4. By the treaty of 1818, it is agreed that American citizens should have the liberty of fishing in the Gulf of St. Lawrence, within certain defined limits in com mon with British subjects, and such treaty does not contain any words negativing the right to navigate the passage of the Gut of Canso, and therefore it may be conceded that such right of navigation is not taken away by that convention; but we have now attentively con sidered the course of navigation to the gulf by Cape Breton, and likewise the capacity and situation of the passage of Canso and of the British dominions on either side: and we are of opinion that, independently of treaty, no foreign country has the right to use or navi gate the passage of Canso; and attending to the terms of the convention relating to the liberty of fishery to be enjoyed by the Americans, we are also of opinion that that convention did not either expressly or by im plication concede any such right of using or navigating the passage in question. We aro also of opinion that casting bait to allure fish in the tra c k o f any A mer i can vessels navigating the passage wou ld const i tute a fishing within the negative terms of the convention. 5. With reference to the claim of a right to land on the Magdalen I s lands, an d t o fi sh from the shores thereof, it must be observed, that by the treaty, the liberty of drying and curing fish (purposes which could only he accomplished by landing) in any part of the unsettled bays, &c., of the southern part of Newfoundland, and of the coast of Labrador,. is spe c ifi ca ll y prov id e d f or; b ut such privilege is distinctly negatived in any settled bay, &c.; end it must therefore he interred that if the liberty of landing on the shores of the Magdalen Islands had been intended to be conceded, such an important con cession would have been the subject of express stipula tion, and woald necessarily have been accompanied with a description of the inland extent of the shore over which such liberty was to be exercised, and whether in settled or unsettled parts; but neither of these important parti culars are provided for even by implication, and that, among other considerations, leads us to the conclusion that American citizens have no right to land or conduct the fishery from the shores of the Magdalen Islands. The word " shore" does not appear to be used in the convention in any other than the general or ordinary sense of the word, and must be construed with reference to the liberty to be exercised upon it, and would there fore compromise the land covered with water, as far as could be available for the due enjoyment of the liberty granted. 6 By the convention the liberty of entering the bays and harbours of Nova Scotia for the purpose of parches• ing wood and obtaining water is conceded in genera terms, unrestricted by any condition expressed or im plied Hushing it to vessels duly provided at the com mencement of the voyage; arid wo are of opinion tha• no such condition can be attache] to the enjoyment of the liberty. 7. T e rights of fi3hory ceded to the citizens of the United Sates, and th:)se reserved for the exclusive en joyment of British subjects, depend altogether upon the convention of 1818, the only existing treaty oa this sut.;jt!ct between the two countries; and the materis points rising thereon have been specifically answered our replies to the preceding queries. We have, &c., (Signed) J. DODSON. TUO3. WILDE, Viscount Palmeraton, K.B , &c. &c. MURDEROUS OUTRAGE-FIVE PER SONS SHOT. OLDSWINFORD, SAT CrRpAY.-7ebterday David Davies, iandlord of the Seven Stars public-house at Lower Swinford. was committed to Worcester county gaol for trial at the next assizes, on the charge of wilful murder under most extraordinary circumstances. The prisoner combines the trades of a gardener and publican, and is a married man, having a son 15 years old, who is also charged as an accessary before the fact. A few nights ago, a number of railway labourers from the adjacent county, who had been drinking at the prisoner's house, quarrelled, and turned out to fight. On their return to the house they contiaued to make a great disturbance, and the consequence was that a crowd of persons collected in front of the inn. At this period Davies came home, and was much annoyed at the col lection of the crowd in front of his house, which con sisted for the most part of noisy boys, though there were some men and women among them. He endea voured roughly to disperse them, and struck several with his walking-stick, on which they hooted at him and threw stones. The prisoner immediately rushed into the house in a violent passion, declaring that he " would blow their b heads off," and went up st a i rs , f o ll owe d b y his son. The prisoner had two guns, a single and a double-barrel. These he fetched out, and his son got out the powder and shot. The guns were immediately loaded, and the prisoner went to the bed-room window, and leaning out, presented the gun and fired among the crowd in the street, exclaiming, " Here's into you, you -----," using a foul expression. Immediately afterwards spot, The v i e he exclaimed, " I've given 'em a sweet, and I'll give 'em %lied—M.l'j another,. , and he immediately fired a gun. His son as sist,dinhiamato re-load, and altogether four shots were was fired people were wounded—one killed on the tired parties are— unded—Wilrti_ six ~h ikiren, ra. Pardee, wife of a hallier, and mother of u , so l . ee Of whom she was looking for when she Wo v the neck, and not I' 4lll also wounded in the Woolridge, a miner, wounded in bricklayer' s w i fe, i s li t e i lY to recover; Hannah Fletcher, a aged lady, wife of theeg': and Mrs' in ja the legs- James Haywood, Mr. F. T. Ruffurd, wet:den-14-er ' Brunel', a middle at the establishment of raised from the ground wa3 legs, while aiding m rs. I. ' in the abdomen, thigh, and servant in her employ. Pardo© who had once been a Mrs. Pardon, on being guns when p fcl a u Zi . to have died for use use again. carried into a honse, but she appeared ree ip thef house were eon for trial, but b s O 3 t t h it ra e de u d lY with T p h o e wder and shot Toe affair bss created intense excitement, The msgia,rate also committed the admitted him to bail._ ..,......., ' the neighbourhood of St. Bartholomew close DESPERATE AFFRAY WITH THE CITY POLICD Yesterday evening . In consequence close was thrown between several officers of the City of a serious collision into a state of excitement '—ew f ruffians who have for some time police and a g infested the kenwell have been commenced the the improvements in Cler . pu-ralinegusoof Cloth-fair. It appears that since to other localities. In the their vicinities, have been driven inhabitants of Saffron-hill, Peter-street, Field-lane, and of St. Bartholomew ! court in Cloth - fair, adjoining the church respectable portion present instance they have located themselves in a back the-Great, to the annoyance of the Last night determination, have hitherto escaped capture. insulted and of the inhabitants. The offenders, from their number and some respectable persons passing found it im possible ill-treated. The policeman on duty possible to render efficient aid, and assistance was sp e edily forwarded by Mr. Courtenay, the acting inspector at were grossly Smith field station. Forcibly entry was now made into t he lodg ing -house t o t a k e the aggressors into custody. Some were captured, and a general melee took place, in which the police received some injuries, but not of a serious nature, and humanely forebore using their truncheons, one time, they were nearly overpowered by the mob. Ulti mately they sec f. 4 ured a person supposed to be the principal aloveeader of the rioters, and he was taken to the station evidien in Smithfield; but there appeared to be such an although. at _ ry precaution was to rescue the prisoner, that every neces %as t r e ut t i i o m n e w o a f s r t e ak lie e v n i , h a g sttatoengdafoyrcme benei.ngloihbetaiiineuedse, in police which the fracas commenced is a filthy den, and, although the • Inhabitants have protested against it by memorial to the authorities, no notice has been taken of the nuisance, which ioda tion l g h o regularly registered, is totally unfit for the h e o u v r e 100 tranely fil t h y in i a large number of persons who are ex one time numbernedPat last evening pri their habits. The mob that Naas collected We regret to Fletcher, one of the Governme IIY consisted of low vagabonds, and at persons. of the death of Mr. Joseph Foreign Schools. Mr. Fletehnt Inspectors of British and er was a most valuable public servant, as his educational repots amply testify. LONDON, EVENING, ATTGIG(ST l6, MO`NDAY he felt satisfied, when the jury bad heard the evidence he should adducs, they would be of opinion that he wa s guilty of the grossest untruth. In conclusion, th- L-srned Gentleman said that while all must de plore that those disturbances had taken place— while all must regret that such outrages should have oc curred that night—he felt sure the jury woul feel it to be their duty to vindicate the law, not by punish . i ng persons who might be charged, but those who were proved to be guilty, and by showing the inno cent that they should not be sacrificed. The Court then adjourned. On the opening of the court this morning, the pro ceedings commenced with the examination of wit nesses on behalf of the prisoners. James Lane examined—About half-past eight on the night of Tuesday, the 29th of June, I was going through St. Peter's square to High-street, with the - prisoner Edward s . Ab out 200 Irish rushed out from Rock-row. They threw stones and hit Edwards with a stone, which knocked him down " dateless." Edwards bled very much, and was taken on a man's back to Lingard's yard. Cross-examined by Mr. WELSBY—Was going to wards Hillgate. There was no crowd of English there at that time. Saw no fighting in St. Peter's square. Saw nothing but the Irish mob. Left Edward's at Lingard's-yard. That was nine o'clock. Knew that Edwards had been taken up. Went to the Court-house when Edwards was accused of being one of the Edgeley rioters. Did not then give evidence. John Roberts, an overlooker resided in Duke street, Stockp ort, deposed to carrying the prisoner Edwards on eight, on hi s b ac k , from near St. Peter ' s church-gates Tuesday evening, at about half- past to Lingard's-yard. Witness then gave him to another man, who carried him to the house of Catherine Barton. At half-past ten o'clock witness again went to see the prisoner at Mrs. Barton's. He had plaster on his head, and was still insensible. Catherine Barton, residing in Lingard's-yard, de posed to the prisoner Edwards being brought to her house about n i ne o ' c l oc k on the even i ng o f T uesday, the 29th. He was i nsens ibl e . W as was h e d, an d h a d plasters appli e d to hi s head. H e rema i ne d a t wit ness's hou se until half-past eleven o ' c l ock. Ab out ten o'clock witness spoke to the prisoner, but he was " still insen s ibl e. About eleven o ' cloc k the prisoner came round, an d sa id to w i tness, " Wh o b roug ht me here ? She told him that a man brought him to her house on his back. Prisoner said he would try to go home. Witness told him she had heard that the mob had destroyed Edgley chapel, and that the soldiers bad dispersed them. About a quarter past eleven • o'clock the prisoner left her house. Nancy Roberts, wife to the last witness but one, deposed t o seeing the ' prisoner brought into Lingard's yard o n th e n i ght of the 29th of June, about nine o'clock. He seemed insen s ibl e . H e was t a k en t o the p ump and washed, and then taken into Catherine Barton's house, next door but one to witness's. About a quarter past eleven witness saw the prisoner in Catherine Barton's house. He was still insensible. About a quarter past eleven saw the prisoner passing witness's house. He was still staggering. Witness said to him, "Now, go home, like a good lad." Be lieved he was then going home. James Edwards, the prisoner's brother, stated that the prisoner came home about half-past eleven o'clock on the night of the 29th of June. His face was cut. He looked quite " dateless," and staggered as if he was tipsy. Joseph Corcoran, the brother of William Corcoran, the witness who gave evidence against the prisoner Edwards the previous day, deposed that he was a member of a burial society which met at the Old Admiral Inn. They met on Tuesdays. On the night of Tuesday, the 29th, witness met his brother Wil liam outside the Old Admiral. They went into the public-house, transacted some funeral business, and witness and his brother afterwards went towards Carr-green. Witness left his brother at the Borough Tavern, which was near Carr-green, and went home. About a quarter or half-past ten witness was standing at his own door with his pipe, and saw his brother standing with some other men near the Borough vaults. Witness went into the Borough Tavern and had a glass of ale. He came out a little before eleven o'clock, and saw his brother still standing near the borough vaults. He bade him " Good night," and went home. Elizabeth Rushton deposed to being in conversa tion with William Corcoran, in Carr-green, near the Borough Tavern, at nine o'clock on the evening of the 29th of June. Corcoran was in his shirt sleeves, smoking a pipe. Witness, Corcoran, and some others were talking about the riots in Rock row. Witness left them, and about half-past nine came back again. William Corcoran was still stand ing there. About eleven o'clock witness was standing at the door of her house in Carr-green, and Corcoran was still standing near the Borough Tavern in his shirt-sleeves, smoking. Mary Wardle, residing in Carr-green, deposed to seeing William Corcoran on the night of the 29th of June. He was in Carr-green, smoking his pipe. She asked him if he had seen the row at Edgeley Chapel ? an d he said, " No, and he'd be d—d if he durst go." He also said, " There's pretty work going on, but the furthest I've been to. d a y is the top of the street." Cross-examined by Mr. WELSBY—h conversation with William Corcoran witness said to him, They have begged it a long time, but they've got it at last." Mr. WELSBY-• - •Whom do you mean—the English or the Irish, or both ? Witness—l mean them as was kicking up a row. Mr. WELSDY--4 ask you, whom did you mean when "They' ve caug h t i t at l ast ?' Witness (after —the I r i s h. Lucy Hill c orro b orated the previous witness's youa p asu ssad,i d, statement as to the conversation with William Cor coran. Mr. HUDDLESTONE OWSebrreook, Had you heard of the row when you were t a lking till tea o'clock — (Laughter)-- and to Corcoran?—Y es ; m y caasthe prisoner a nd then I came out ? Into the street and saw Corcoran in master Th sh ir t i h s e leie sleeves.witnesses ssriestant tnoexptrovel an alibi in the prisoner on ce led. eonstabel of the firemen at Stockport t atS h oni ead seein g t night e ra'US Thom as of the 2 9th e during the riots, deposed Slater at the Court-house on Prisoner had a staff o f June, about half-past eight. as a special L constable. Witness sa w him again a b out " o n patrol, and agai n in th e Court-house about 11. Mr. y" cotton w h o se employ the Prisoners Slater and Edwards had for some time been, me n who had alw ays gave them a good character as been peaceably disposed. Mr. WELsny here i the prisoner Slates., he thought that with respect t o it right to say, inas much a; a responsible m to his being in the Co an in Stockport had sp o k en . urt-house at Stockport on t h e e vening of the 29th, he should withdraw the as against him. ch arge Mr. HUDDLESTONII Th n e 1 of course, y ou will take the same course as regards the prisoner Edward Mr, WELsnr---11 0 I 4 no. I shall take th e " s. the jury in his case. Opinion o f . Mr. lIIIDDLESTONE.--You have only th e of Corcoran, which has b een evidence contradicted w i tness es. b y several Mr. WELSBY—I shall leave it to the jury. On behalf of the prisoners Birch John Bowers, Painter, Stockp ort of Stock and William son , an d deposed this! he 3re Saw a showero of , was call e d, oat of Mrs. Dow d's hous e , i n John- t stones coming E ng lish mob, of Which it was allege d et, before the formed a part , attacked her house. the prisoner Charles Maynard, a waiter at the Robin Hood public-house, at Stockport, deposed that on the night of the 29th of June th e there. Prisoner was not many prisoner Birch was pass's sight from 9 o'clock till minutes out of wit [Birch was charged with bein g part in the destruction of Edgelyon° of those taking For the prisoner Thomas Walker, eChapel') with taking part in the attack also charged upon the Ed 1 Chapel, Edge ley William Wareham, a spinner, residin g Wel lington-row, dep osed that the near prisoner him. Witness met p ri soner comin g f lived near on the night of Tuesday, the 29th, at about 10 from hi s wor k minutes past 7. Saw p ri soner aft course of the evening . Was with prisoner afterwards in the neighbourhood during th e evening fr om in the 7 till 11. Lost sight of him for a shorttime. Pri soner came into his house about half. and smoked his pipe w ith wi tness until t 9 o'clock, before 11 his aunt cam e for hi m , and said A little it was time to go home. Prisoner then left with hi s By the JUDGE—It was at the tfine of aunt.the disturb ance, when Mulligan was killed, that witness lost sight of prisoner. That w as ab out ten mi n utes eight. Prisoner at that time left witness f or past or si x or seven minutes. It would be about ten minutes' walk from prisoner's house. On behalf of the prisoner Samuel Preston, several witnesses were called to pro v e that on the night of the riot the prisoner was sworn in as a specia l con stable at the Court-house a bo ut eight o'cloc k, and that he afterwards acted in that capacity up to half- githtoitntgoh,ecloperkis.oner who deposed w as constable, i n t o cu3tody in St. Peter's square pant ten o'clock. ca that on ndvtitcohoteekdtohne prisonerTprisoner, Thomas Spencer, an n a og ss e i r sta i‘a n is t , Da c o esr n pin s e t co a it b at l l e ( , the Edgeley Chapel gprßil:steonntherae considerables q u o a t r h e e a r b w ou it t nd h eis a ss l tea f s - n p cs a pe s o t fkr e ) eo ai i time the attack was made upon it. Gleave was that he was present, but took no part in The evidence offered on the part of th e the riot. Witnesses were then called to show that those pro duced by the prosecution were mistaken as to the time when they said the prisoner, William Walker, was at the riot. _ _ the prisoner, George George liirkley deposed to • Peil, being at his house from nine o'clock on the night of the riot until eleven. Rigby, the mater th 9 Pell, and one of the tow❑ council of Stockport, gave him a goad character as a quiet, sober, and peaceable mho. Mr. HUDDLESTONE said, he 11:..d no witnesses to call ou belLilt the prisoner Buttery, and that closed the case on behalf of the defence. Mr. WELSBI replied on behalf of the prosecution, and at a quarter past 4 o'clock his Lordship began bis charge to the jury, and did not conclude until 7 o'clock. His LORDSHIP said, the simple question the jury had to try was whether the prisoners, or any of them, were guilty of the offence of riot. It was not dis puted that riots of a most rerious and disgraceful na ture had taken place, and it was unquestionable that those who took part in them and were found guilty must be subject to very severe punishment. His Lordship then went over the whole of the evidence as it affected each prisoner, and, at the conclusion of each, gave the jury an opportunity of considering each case separately. With respect to the prisoners Slater, Edwards, Preston, and Thomas Walker, the jury at once pronounced verdicts of not guilty, and with respect to the others postponed their decision to the conclusion of the summing up. After the whole of the evidence had been read over, his Lordship merely observed, that the jury, as reasonable men and as men of business, would consider whether all or any of the prisoners were guilty, without any refe rence as to whether they were English or Irish, Pro testants or Roman Catholics. The jury then retired, and having been out of court a quarter of an hour, Acquitted Birch, William son, and William Walker; and found Pell, Buttery, and Cleave Guilty. During the absence of the jury his LORDSHIP in quired from Mr. Welsby what he meant to do with the other indictments ? Mr. WELsny—l hardly know at present. The JUDGE—You are aware that under a recent statute you cannot try for felony after a misde meanour. Mr. WELSBT —I think your Lordship will find that that Act of Parliament does not apply to this case. Mr. HUDDLESTONE asked for a verdict to be taken upon the other indictments. _ Mr. WELSBY declined to accede to this. The JUDGE—Very well, then ; we will begin on Monday morning, and go on. His LORDSHIP asked Mr. Welsby whether the pre sent jury (they having given their verdict) might be discharged ? Mr. WELSBY-I can hardly answer that question. His Loapsnrp was sorry he could not discharge them, as they had had two hard days' work. It was understood that the seven indictments for felony against the prisoners would be pressed on Monday. NORTHERN ClRCUlT.—Liverpool, Aug. 14. Mr. Warren, Q.C., of this circuit, has, it is under stood, received the appointment of Recorder of Hull, vacant by the late sudden death of Mr. T. Granger, M.P., who held the recordership after Mr. Baines vacated the office on being elected for the borough. NISI PRIUS COURT.—(Before Mr. Justice WIGHTMAN.) TETLOW V. HOLDEN. In this case Mr. Overeud appeared for the plaintiff and Mr. Monk for the defendant. This was an action to recover the sum of 1001., which had been deposited with the defendant as stake holder to abide the event of a race of four miles to be run between the plaintiff and one Hayes for 2001., on the last Monday in September, 1851. The match was made in May, 1850, and the whole of the deposits were paid on Saturday, the 27th of September, 1851 (being the last Saturday in September). The race was run at Aintree racecourse, near Liverpool, for 1001. aside. During the first three miles Hayes was very much in advance of his competitor, and during the straight run, just before arriving at the goal, it was proved that the plaintiff was gaining very fast upon Hayes, when a man in a fustian jacket stepped before the plaintiff, tripped him up, and prevented his gaining the race. The plaintiff at once stated the facts to the defendant, as stakeholder, and requested the repayment of his stake. Mr. OVEREND, for the plaintiff, contended—first, that the wager was unlawful, and that before the money was paid over each party had a right to re cover back his deposit. Supposing, however, that it was a lawful wager, that the event had never hap pened upon which the money was to be paid over, and could never happen, inasmuch as a race could only be won, within the meaning of the agreement, if both parties were not prevented from contending against each other to the end of the race. The plaintiff was called, and he proved that the stake was not his own, but was subscribed by his backers, and that he was to have 5 per cent. in case he won the race. Mr. Justice WIGEITMAN held that the money be longed to his backers. The plaintiff had no interest in the deposit so as to enable him to sue the stake holder, and accordingly the plaintiff was nonsuited. CARTSIDE V. NRADBURY. In this case the Attorney-General for the County Palatine and Mr. Unthank appeared for the plaintiff, and Mr. Sergeant Wilkins for the defendant. This was an action brought by the plaintiff, as the occupier of about nine acres of land adjoining some land and a quarry occupied by the defendant, for al leged damage done to him by overflowing and in juring his land. For the plaintiff it was contended that the defendant so worked his quarry and diverted a watercourse from it, that the water overflowed the plaintiff's land, and covered it with wreck and gravel, and rendered the pond in his field undrinkable for cattle. The water in the pond was so bad that on the Bth of May, 1851, three cows in the plaintiff's field would not drink the water, or, as the plaintiff said in cross-examination, "they turned up their noses at it." For the defendant it was contended that the action was a disgrace to the profession of the law, as the de fendant bad offered to the plaintiff to refer the ques tion of damage and the whole case to any impartial person, and the plaintiff had told his attorney he might do as ho liked, but that gentleman had pre ferred continuing the litigation. The damage from the overflowing of the water was alleged to be the result of natural causes, and it was contended that the water from a sandstone quarry was not likely to be of a quality at which cows would "turn up their noses." His LORDSHIP having summed up, The jury found a verdict for the defendant. CROWN COURT.—(Before Lord Chief Justice CAMPBELL.) Daniel Small and Thomas Wood were indicted for stealing from the dwelling-house of John M'Farlane, at Speke, on the 26th of April last, 33/. in money, a watch, and a gun, his property; and a watch and other things, the property of Thomas Edwards and William Parker. Mr. Monk and Mr. Ovens prosecuted, and Mr. T. Atkinson defended the prisoners. It appeared from the evidence of Ellen M'Farlane, the daughter of the prosecutor, that she lived with her father, at Speke-hall (an old-fashioned hall about seven miles from Liverpool), and that about half -past , 9 o'clock on the night of the 26th of April last she was seated in the parlour with Mrs. Edwards, when she heard a noise i❑ the kitchen, and on going to the door she saw three men in the lobby, and asked them what they were doing. One of the men answered, " I will let you see what lam doing." This man had a pistol in his hand and wore a black mask on his face. The other two men were also masked. The witness, on hearing this and seeing how the men were disguised, screamed out and fell down, and the man struck at her until she became insensible. When she came to herself she was kneel ing with her head on the knees of Mrs. Edwards, and the three men were then in the par lour. She cried out, " Oh, my father!" and one of the men said, " Where is your father ?" She told them he was out, although she knew he was in bed up stairs. Two of the men then went up stairs, the man who remained saying, " Make no no i se , or will shoot you." He had a pistol in his hand, and his face blacked. Shortly afterwards the man she saw first came into the parlour, and the servant girl Mary Taylor was brought by the other into the room. The first man then asked where the money was. She answered, "We have none; " but afterwards said be would find the money in the office at the bottom of the kitchen. He then went out of the room, and a woman who came for milk to the farm, named Sad don, was brought in. The man who had gone out returned, and said he could not find the money, and that witness must go with him. She said she durst not go, as he would shoot her. H e said he wo uld not, and he took her by the hand and led her through the kitchen to the office. There she saw a man stand ing with a candle in his hand, whom she had not be fore seen, also masked. On g etting into the office she opened the drawer where the mone y was kept, but there was none in it, and she said, " You have taken the money. She then saw another man there disguised with a candle in his hand, with his mask loose. She afterwards saw that man upstairs with his mask off , and he told her not " to stare at h im or he would bl ow h er brains out." That ma n was the p ris oner Small. Th e Shortly .t. man who took her to the o ffi ce took her back after was brou to the parlour, and she lay down on the floor. wit gla in there William Parker, the servant boy, office then and one of the men struck him twice a pistol. The man who took her to the said to her, 46 miss Mac, have you any refreshment s ?"' Sh e said, i ~ y es ," and gave them s ome for whiskey, and one of them wne. They asked asked for mile and got some from the dairy. The men she fir s t saw then said to her, " If you don't give me 51. I'll shoot you," and put a pistol to her face , when the servant boy cried our, " Don't shoot Miss Ellen and I'll give the boy you my watch," and The man again asked for g ave up his -watch. had none, but th e ..,_ money, and she told him she v Nue could give him her brooch and bracelets. He then took her upstairs, and she gave him her brooch and bracelets 1.19 asked her if they were hers, and she said, " Yes," he returned them to her. He then took her down stairs to the par lour again, and th e w e n bad some spirits, after which ad left the room but Smell, and Small told the men in the lobby to ft-rch down die old rascal, her in to the They th en b roug h t h er f a th e r down the parlour, and the prisoner Small, and the man she had first seen, struck him several times with bludgeons and pistols, and knocked him into a chair. Her father then said to her, " Fetch me my keys, and give them the money." She took the candle to go up stairs, and Small said, You are not going by yourself." She went into her father's room and searched his clothes for the keys, but did not,find them, and then said, "You have got the keys." He said, " We have not," and stooped down to exa mine her father's small clothes, anal in doing so his mask fell off partly and she saw his face. She then recognised him as the prisoner Sm 11, whom she had known for three or four years as a hawker. When his mask fell off, the prisoner said to her, " Do you know me She answered "No." He said "L's as well for you." They then went down stairs into the par lour, and Small said, " Put the old rascal on the fire," and pulled her father by his legs along the floor to wards the fire. While he stooped down to do so she again saw part of his face under his mask. They all then left the room, and said they were going to Speke hall and would return in half an hour, and if they found no money they would blow out her brains. They fastened the door. She had told them the safe was in the hall. One of the men afterwards returned and said he had forgotten his coat. He got his coat and then went away, fastening the door, and she saw no more of them. She had seen Small the Friday before at their house, and knew him both from his ap pearance and dress. She also recognised the prisoner Wood by his dress and features, and by his eyes, which are very dark. She had seen him at Woolton as a witness for Small. John M'Farlane, the agent of Mr. Watt at Speke was then examined, and stated that on the night in question he went to bed at nine o'clock, and heard his daughter scream. He shouted out " Holloa," and got up, but got into bed again. Two men came into the room ; one of them had a brace of pistols in his hands, and the other had a bludgeon. He asked them what they wanted, and they replied, " Money." He said he had no money in his pocket, and the shorter of the two men said, he knew witness had got some money the week before," which was true. - Witness put his hand under his pillow, and the man asked him what he had got there, and witness an swered " his watch." The man said, " Give it to me," and he gave it to him. The man then ordered him to turn his face to the wall and struck him on the side of the head with a bludgeon and ordered him not to look at them. They then searched up and down the room, the lesser of the me n h o ldi ng a pistol in each hand,: and telling him if he did not give up his money they would blow his brains out. They then left the room, but shortly aft er r e tur n ed end pulled him out of bed, and then searched the bed clothes. The taller man threatened to strike him with his bludgeon for taking up a chair to defend himself, and called to the man in the lobby to come and take him down and put him on the fire. They then dragged him down stairs in his shirt into the parlour, where his daughter, the little man (one of the prisoners), Mr. Edwards, the servant girl, the servant lad, and Mrs. Seddon were. They then threw him to the other side of the room, and struck him with bludgeons, and threatened to throw him on the fire. The witness then corroborated the account given by the last witness. The little man was like the prisoner Small, whom he knew, he having worked for him several times. lie ku, , w him also by his voice. When the men were gone he missed a gun and 331. He was confined a fortnight from the in juries which he received. Mrs. Edward, Mary Taylor, the servant, and William Parker, the servant lad, corroborated the statements of the last two witnesses, and said the two prisoners were like two of the men. The prisoner Small was afterwards apprehended by the police, and when before the magistrates at Woolton the other prisoner, Wood, was examined as a witness on his behalf, when he was identified by Miss M`Farlane, and apprehended. This was the case for the prosecution. Mr. ATKINSON then addressed the jury for the de fence, and called a number of Irish witnesses to prove an alibi. Mr. MONK having replied, His LORDSHIP summed up with great impartiality, and the jury Acquitted the prisoners. WESTERN ClRCUlT.—Bristol, Aug. 14. (Before Mr. Baron PIA TT and a Special Jury.) GIBSON V. WILKES. Mr. Slade and Mr. Ball were counsel for the plain tiff, and Mr. Sergeant Kinglake and Mr. Phinn for the defendant. This was an action brought by a merchant in Gracechurch-street, London, against the defendant, who was a spindle and brass manufacturer at Wol verhampton, to recover 5401. for money advanced by the plaintiff to the defendant. To this there were three pleas—first, that except as to 251, which had been paid into court, ho (the defendant) was not lia ble ; secondly, that except as to the 251., he had a set off; and, thirdly, the defendant pleaded payment. It appeared that these parties had had a good deal to do together in mines, and the plaintiff swore that he had lent the defendant money, and that he had paid sums for him amounting to the sum now claimed in this action. The real merits of the case were not very important, but there were curious circumstances con nected with it. The plaintiff was called and examined, and be stated that he was a merchant in the city of London ; that he had been introduced to the defendant. He became connected with mining transactions, and par ticularly with the Royal Hibernian Mining Company. They had gone to Ireland together, and the plaintiff had paid all the expenses of the journey ; he had also, at the request of the defendant, lent him money. In consequence of the plaintiff having rendered great service to the company it was suggested that they should present him with a service of plate, and a day was fixed for the purpose, and the defendant was to be vice-chairman. The defendant said he thought it requisite to have a diamond ring and a diamond pin for that occasion, and in consequence a jeweller was called in, and a ring was selected at the price of 25/., which sum, however, the defendant did not pay, and the plaintiff had had to pay the money. The defendant had also given the plaintiff's son a gold snuffbox, of the value of 251., which the plaintiff had also paid. In cross-examination the plaintiff stated that he was horn in the name of Gibson, but from his infancy until within th e l as t ten years he had gone by the name of Howard, his maternal name, He had been brought up in the military school, his father having been a military man. He was afterwards placed on board ship While there, 20 years ago, some infor mation came to his knowledge relative to his parent age, and he and another young man went on shore and hired a gig to go and make inquiries. Upon reaching London they wanted money to proceed with their intentions, and to obtain that money they sold the horse and gig. The plaintiff was apprehended, tried, and convicted, and sentenced to seven year s ' transportation. lie was sent to Australia. After he had served out his term of punishment he set to work, had been prosperous, and was now an extensive mer chant. Before his trial endeavours were made to in duce him to give up the name of the friend who was with him when they sold the horse and gig. He, however, resolutely refused to do so, an d his friend nev er was suspected, but he nowS r t s a .ted that was that friend was since dead, but had h e li ved he would now h avT e h b e e d e e n fe s n it c t e i , ng as in re t l h at e e ofidlbouysethedefendant,ee Peers. that he had an interest in the W i ne, , an d that the money, instead of being adva w nced as a loan, was money paid as profit arising from the mine. M r. Baron PLATT, in summing up, sp o k e i n very strong language upon the raking cha racter of the plaintiff. Anli up thehad previousb in his early life ; he had oence the com ment.suffered punish for it, and had • since become an honourable man, and it ought to be forgotten, and not used as a means of intimidation. The trial lasted the whole day, and ended in a ver dict for the plaintiff for 2241. , PO LICE INTELLIGENCE. WORSHIP -STREET. Robe r t B urns a slight-made delicate boy of twelve years old, the bridge of whose nose was so injured as to render it level with his face, was placed at the bar before Mr. D'Eyncourt, charged with stealing an iron teakettle of the value of Is. 3d. Mr. George Cash, an ironmonger in High-street, Whitechapel, said--I was in my shop at six o'clock last night, when a neighbour ran in and told me some boys b a d s t o l en a k ett l e f rom my d oo r. I h as t ene d out after them, and overtook the prisoner at the e n d of St. Mary's street, in company with others, w ith the kettl e i n en apron. Toe other boys escap e d, b at I held this one till a constable came up, and gave him into custody. Mr. D'EyscounT (to the prisoner)--Wel l A Uo you ' wish to say anything in answer ? Prisoner—l did not steal th , ? , kettl e , Si r ; two boys hold the bundle for a minute, hit the moment I had got it they both went on very Pi . k le , and I went on quick too to keep up with them, when - me f or stealing the kettle, t b h u is t 1 did not think it was a robbery till gentleman took hold of the other boys a D y; EvscoußT, on hearing this kind of defence, ran away. delivered in an artless and apparently truth' ful manner, had apparently made up his mind to con vict, and having asked the' prisoner in the usual formal terms whether h would prefer his dealing e lI with the case to its being sent before 6 jury, to which tbs boy with some hesitation assented, was about to hat sentence excu t , h e e t p h r e is p o r n is e u r i , le w r when he mhebasdke to asked the prosecut w him on bein dectected ? Mr. Cash—Why, he slid the boys had given it to him, just the same as he does now, an d did net try to get. away. I really don't wish to hu rt the led, if your Worship pleases, and should not have given him into custody at all if it had not been for the incessant robberies to which we shopkeepers are daily subjected. It is generalldone by boys, don't w s a e s e , s and h am e o i n u ly i i y robbedyesterdaywhom Parker, you an d the thieves got away. Mr. D'EvcoußT (to the boy)—What are year father and mother ? Prisoner—l have not got any father or mother. My father, who was a sailor, went to sea a good many years ago, but never el my by ntehiegmhrur, 11111. home again, and mother thought he was dead, so lived with her till she died. Mr. D'EYNCOURT—When did she die, then? Fri' soner—About a year ago ; she caught the tYPb as fever, and died of it. Mr. D'EyNcouar —Have you any brothers or Sis' tern? Prisoner—No, Sir, only myself. livit Mr. D ' EYNCOURT—Then how do y o u get a and where do you sleep at night ? Prisoner—l t a d care of carts and bold h o r s e s , and run of errands, an when I can't get anything like that to do I Pick U bones in the street a n d se ll them to the ragshope , sleep where I can, s om eti mes in sheds and stables, bal now I'm sleeping a t a pl a ce kept by a ma n " Ine How M ard, for a few nights. r. D'EYNCOURT—Why don't you try to get dems; long as I could with a man named ployment ? Prisoner—Why, I did, Sir ; I stoPPe n. ____,, who 9 7: coals about the streets, but he made me and beat me so badly, that I was obliged to run o te Y r from him, and I've never been able to get any ° I place since. dial Mr. IYEYNCOURT—How did ou get that dreadful wound on your nose ? Priioner y WbY,I was sleesp; in g under a penthouse in Iloundsditch one night , s _ policeui n_ I bad nowhere else to go, when a City n DIY woke me up with three or four heavy blows o sod back with his truncheon, and on my jumPing apron' turning eb round, he struck at me again with his o eon, and it came on the bridge of my nose s tic o r work so b w a a n_ dreadful blow that the bloodpoured out, an d it i n n e the stopped bleeding from then, half-past one - i hr ee lai) .m , n r o . se ri e ,_ v r e y r N s c in o c u e ß . morning, till half -past eight at night. That viti n g ,;• o is months ago, I think, but I have always go t a r-1 ndo you tell me that you have got your living in that wan f n u is the whole of the last twelvmonth, ever since Y — t sreo that your mother died ? Prisoner (with aPP so i, earnestness)—Yes, Sir, I couldn't live any et her -, Mr. D'E deration) YNCOURT (after some cowi a t t he T—A d mean Serin_USlyfor This is certainly a very extraordinary statem e se li t boy makes, if t rue . I s h a ll not d ea l with th e I v o, present ; let him b e reman d e d t o r a week; ° Woe officer, in the m eant i me ma k e pro p e r inquiries o out b ig who know him, an d ascerta i n w h a t you can about previous lif e an d con d uct. o ' o °' The constable, o f course , promised to d° s De the prisoner was trans f erre d t o the Ilouse ° tention. SEABORNE MAILS- r o it.o o EN signitlel thp.t the mails are sent from the General by the night—and M by the morning—dispatch.) "l,ACkrl When made up is From what General Post - office ' Pori di _ s- L on d op . , pateheu• Aug. 13 Aug. 18 America (by Brit. pkt.) N kmerica (by U.S. pkt.) N America (by U.S. pkt.) Australia (via South ampton) .. •. Ditto (via Marseilles) NI • • Ditto, via C. of G. Hope NI .. • • k West coast).. Nll4th of the month Alexandria* ........ N 19th & 30th of me. Belgium .. • • N Daily • • • • • Brazil .. • Ml9th of the month Buenos Ayres M 9th of the month Callfornia(viaClaagrer) 31'25 & 17th of month Cape of Good Hope N 14th of August •• Cape de Verdi N 25 of the month .. Constantinople. 6,7 th 17th 27th et mo Cenral America .. M 2 c l & 17 th of men. Channel Paler •• NlMon., Wed., & Fri. Chili .. „,, . & 17th of mnth France M t N' Twice daily .• Greece. . • N 7th 17th 27th of nao Hamburgb .• • • N Tuesday & Friday Holland • • •• M Wednes. & Satur. Honduras • N 17th of the mouth, Ireland • • •• M N Twice daily.. •• India (via Southamp.) M 20th of the mon th India (via Marseilles) Nsithec24thefmon th i India, via C. of G. Hope N 15th of month Mauritius .. • . 15th of month Mediterranean (via Sonthatr pton) MI '2oth (via Marseilles) N Mexico Madeira 20th of the Month Malta* .. .. Naples* .. •• isT Papal States* N i"cninsula .. • • .. Peru .. .. • • .. M Tuscany* .. •• N West Indies .. M West Indies (except Havanna & Nassau) M * The mails to those c French packet via Morsel • , 'LiverPeol , 'Liverpool , ;Sontlien 2 P t ' so o n vr t e llag7 • D o ylYte°" ° Dover Dover : Son t !SoutbaraPt thataP t ' South P Tirno utti .• i r vl3 lo6°l ' . Dover " ,I ss s :o a u u t tia t h b a l p aull3 P t it . i . ' Do ver • Do ver • London !London • • s o utharsaPt• nolYbe aci southen a P mover Plymouth • • Plymouth • . (douthampt• lin a due. !Aug• 5 I.Aug'• ' 3 lAtig• 2 ' 24 0 °' ,6 pui• Aug' I DA 1 6 S e p t ' 16 SuPt• 6 Aug' Auß• ; 4 26 Aug. Aug 2 1' SePt;oo Tu. 4-16 1 115 - Ail • 6s t, Ang, c ; e d i all Aug. !Aug. 26 (Aug. 2' , !Aug." SePt• 1 6 Se pt' Aug. Aug. 1 1 jog. ,6 A ug. 16 Aug. Aug'. ',6 Aug. ' Dover •• SonthamP t • southereP t ' 1 Dover ' ath& 94th of Month 2d of the month. • 9th of the month 7th,17 th,l9th, 27 t h &30th of month r sth 15th 25th ofmol Dover sth 15th 25th of me Dover •• 7th 17th 27th ef mo Soutbampt. 2d & 17th of mntb Sootharopt. sth 15th 25th of mo Dover •: 17th of the month BoutharaP , 2d of the month .. SouthanlPt• ' #lO4 bf °entries thus marked 0) a re con RAILWAY MARK , R A E ua.l4. T ' ''. t ° STOCK ExcnAwGz.—The market was more ac ts 1 0l 1 01." and prices are better. Bristol and Exeter were done 4 ' BRI S S H TO A L —Great Westerns, 06 ex div. :STOCK EXCH A NGIC.—The share market continlic,,„ if though the sales are small. The transactions to . ri3i t t LIVERPOOL, AUG. 14 . „ as follow :—Caledonian, 1914—Eastern Counties, ' Ol, h ire il li to East Lancashire, 17 1 A—Great Western, 9G—Lancortl Yorkshire, 78 V.—Ditto, Fifths, 41/ 2 dis.--Leeds r, I ;4 # (late L. and T.), 15% 8 —London and North-Westt gtsfor), —Ditto, New Quarters, 30?;—Midland,72'i,NI„rk, Sell shire, 514 dis.—South-Eastern and Dover, 21 d, 24Nr castle, and Berwick, 17 1 4—York and North Midland, to! , MANCHESTER, AUG. 1 4 . , ~ w r e as fe . STOCK EXCHANGE.—The transactions te- 05 ; , , fl6--"'" op l , low :—Caledonian, 19 V. —East Lancashire, 1 , " tjait i f B idi i r olto, ) 1% cashire and Yorkshire, 78%—Ditto (West 3% dis.—London and North-Western, 1243/4-- it tic° d 141 tY Ea s st T e o r c n K andD over, 9 o Quarters, 30 13-16—Manchester,Shtfield, an, 3 ,,,50a shire (101. Preference), 12 11 • 'dland , 7 ' . BIRMINGHAM, AuG. 14. h e chl I bi. ," ii EXCHANGE.—The fluctuations -i6—ii which - I , ll h c ove :' tensed the London share market during the vre e '„ 004; lways the case, produced a corresponding effect ;s:l7 , t - o rtt ham. Contrary, however, to the expectation e f .,t Vil e i t' proceedings of the half-yearly meet' and London and North-Western Comrngpsaonies, i9s'4cosiogt!cti ther depressing prices, had the effect of suddenly spi e s ope advance, and yesterday the stocks of both cen'Plelc. 1 ,00 better than they did a t an ear li er period of the ". Xit i-hisroli ing",r , following w ere among th e c l os i ng quotationi_il,, and Oxford Junction. sellers, 30—Birmingblin' 11 '0 , hampton. and Stour Valley, buyers, 1L sellefl3:o9*4 Great Western, buyers, 95—London and Su r Lfiertor buyers 124, sellers 125-31idland, buyers, 71 . 1 /' se 'llerst '„Pce , —Shrewsbury and Birmingham (A), buyers, 9, prefe r ,„"ol l3 Ditto (B), buyers, 698, sellers, buyers, M R —Shropshire Union, sellers, 21. 163. b. Staffordshire, sellers, Os. 3d. dis. g—Ditte, , A.... 7 1 0 c [A nvratrisEmENT. - J—Hollown 's Pin 5 Pills o,ife r i s and effectual remedy f or Indigestion I n d Disordere 5 t h : O IC Mr. Bostock, druggist, of Ashton-under-Lyn e, st y te ed $ person with whom he is well acquainted has or roonad astonishing cure by the use of Holloway's Pills. t. r diest , eo l he was afflicted with severe pains in the stottla c ,': ‘ liyer, which entirely prevented him from following he tried most of the medical men in the neighban r o: Olen os . out deriving any benefit from their treatment.inC termined on giving Holloway's Pills a trial, and °i n ,' e diso t all rable medicine had the effect of affording him °s o ld 111 . ,! 44 lief, and finally restoring him to perfect healtfri o ent , Druggists, and at Professor Holloway's Esta blis Strand, London. nig ° • IA vridal „ 1. - at n i g a j TERRIFIC THUNDERSTORM.—On nlse early on Saturday morning, viz., from to,' v isit until about two o'clock on Saturday morV e L ;setW er l s ed in the eastern portion of the county or 5 ° ev er w itD der s i) s by one of the most terrific thunderstor ms t he than , lo os the neighbourhood. From ten o'cloc k ed dowO ' ri cer lightning were incessant, and the rain P° lll. yet bee n coo' Dotpt in a deluge. The amount of damage hs s : , ier sble• of * /- a t tained, but it must have been very . con s _,'"*. v si% gresbury the river overflowed, carrying 3 ",', 8 pie ce - necl',,.t and sweeping all before it. At Itedhi 1 a , 4r t e twee o ; o g 0- 0 in shock was completely swept away, an d wa ter b e ' TO and Clutton the roads were impassable, the v ouahl s o4 l ; upon them to a depth of four or five feet. A ed t" ter isi* and some cattle were swept away and destroY both e% bees and the injury to the standing corn hasrjf and serious. nied bl ur °/1 The Bishop of Cape T own , a cconlPß„ nt b's t, ° , Mowbray, left town on the 14th inst. for havi i3 7.v $) commended Continent,further r L es o t rd a s n h d i the complete re-establishment of his health. 's medical adnVeiSeti"iWe° On the 13th inst. the BIRTHS. or A Clarendon. On the 12th i B. Charlton Esq. list" near '''' l Cl' ' Countess 13 1 g vntore „ * Dior On th Bth • at .Lugtuount, n On the llth inst., at IChAilDwAerl-hall,', e inst., at Portsmouth, the wife 0 1 ' burn, 85th Regiment. ' 9 Countess ofit.,:otts,,thie.ribwaifi:llo,ltbot° P . On the 13th inst., in Carlton-terrace,:b° C°lintes3 Arundel and Surrey. o d ric MARRIED. , Fr,,- 8 ,. 9 0 On the sth inst. at North Cadbury', Som ers ;" 11 1 1 g ,„ P iir George Urquhart, ' Esq., eldest son of the Bevt set , to ,-"Z. A ti' rector of West Knighton and BroacnaYne , por t's ,° L bella Mary, eldest daughter of James Bennett, -,,, c l ~, bury-house, in the same c(ninty. bury ' o s our, , na. On the I 2th inst., at the parish church, Shit gyde dr eg/ shire, Edward Holmes Baldock, Esq., M•P' of f sir ' 4 ' l3 place, to Elizabeth Mara, bt er 0 Vincent Corbet, Bart., - eld iliP DIED. .1 Mes ofylcetoldnesi'oydrOulgd, Salop. On the 2d inst., at Cockermouth Castle, - 4 LW ° Esq., of Denbigh.hi , use, Ilaslemere, acted 52 ; da - d r°ve' rt° ° ' On the 7th inst. , at the Parsonage,qtihalN° '_, ',lister colnshire, the Rev. Richard Lowe, 13. D., vicar 0' aged 75. ba t '', Oa the 9th inst., Mrs. Elizabeth Mondet. . gton - o , O n the 11th inst., at High-street, N.Zin0,004., Francis Ellisln , t e hirt,s_ ds p o ak, g son of, a lh e e d 5 1at 5. e Henry D" -..0 N o rth-bank, legn 1 rOOl-Aft London: Printed and Published by DIVRD INC 4 No. 112, Strand Printer, at The Sun . 00 03, pp pistS Strand, in the P;ecinct of the &wen e 1 t i ll d Oil d WW I .; Bloodily, August 16, 180. 185 6 2,