The Sun. — London, England, 1846-12-07 00:00:00

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Extensio 4a "llest n Mat10ck ................. .er , Buxton,and Id j ' c ' e t .. 1 1 4 p • a ntis _ . .... , .......... 425. ...... - p k ( Tster Birm., and katieulid Junction .. - - - - Ilia' ee l &Southampt. 2 ...... 1% 1% 128 boan.rdi,s. ................. 100 .....127 1 ,x. /3 ° Nenlis ..............• 2 - - Di t l o ;.7 ............... 24 , Do . il."ew Atial nd krn., and Derbyloo kidla nd „East Counties 2% - N lri s h "mat Western .... ewe__ ................ 15 . _ 4.t 3 J 0 10 r and Berwick 20 eweaatleath Shields ... 25 Itovrii irk _.,Pd Carlisle...loo A ey„,,,_ It o tChesterfrd 5 liew.:,:rl&Abergavenny 2%....- - ........ ''''''' Ne - i" and Enniskillen 7 - ••• ..... . ..... - 11,._1:1t, Sheffield, and ICtit°ll ... . , 1%.. ... - ... ........ .. - Do;ji "......»•. ...... - 100 l3l 132. ti n. 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D o. n e r l P (issd. 5 dis.) 45 - b or. ‘txu_a_rter Shares... 12% - North 8 ,7 . ..... • ......... 1 Ort , e o . l4ll ordshire 5 ..-.. 8% % orth t „." ales Coon and Southern Oxf„ attin g 2%- o f , Wolp er „ rcester, and v aford, % 4111 14011 ~ Ch e t,. n r itney and r o ,, ..nb an ,. , "-lin •• Pre at , 1411 Direct 3% 1 4 1 2 1 : 4 24 i 1 11 : 8 3(1 Wyre - ili 'gat e te.ng, Guillirledfsord, and 6% cittuon,, ............ 3/. 12s. . 4 °Yst o '' ... 15 e, ti __ . • : ........... 7,,Otti,h „ a nu Flitchen ... 1% 1 3% roott* "entral Blieftlllll Midland ... , eld 12% • t rott ' B uxton, Leek li efat e i l d ies, anderewe... 1%•••••• bo. 0„ 8 ' Manchester 100 - •• •••• ........ tkkee'arter Shares... 8 - D o l ricolnshire Jun c. 1 1 4 - Do.El Teat Grimsby. 10 - •.. ..... •••••• Sh r , e ltsbo, c ,L . Extension 425. - .... .... .... 6opsi e i,Thr,, „ r and Birm... 3 .... - ' 11 '? - ' 1401 l 42 1 4 B. 6 '' Wol ...... 3. eB,, ste verharap., go and u° rdsli. 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" l ta, S o an d Carl . i • • - rao r nerse NY - " w o nth I.,&Wey kreester,W."•• :.- ..... 15 - l,orupb„ arwick,and 1 or !"; 14 J • isle ......... 425. thNee 4 rl ......... 234 - ...- - ...... tto :castle. •_ 25 .... 3837% 14 Prefere ........ ... 5 '''''' - 14 74 - ti. and Nor nc midland 2 N D itt o ~ 8 , th 5O 92 45 O. sa y uarea ..... ... 25 7954 BO . E x.__ ! ............. 40 A preferenc ei."llB' ......... 20 ••••-• 38IA 'y ll% Do te, 2 ...... 117 is 4 *Eltat in_ and NY est Hd- % ... 17% K r..xtension .... i .. 5 BAtm FOREIGN RAIL WAY 6. .4 °-Bel g i a _ ,erb ado __ n... ......... 1 4 .....- h llei g i ao `, L • (lo w ...astern Junctn. 2% ...... _.. ••• - t ord qae and Amiens l6 „..... __ flord ea4l 8' Mediterran. 2 ...... -- e aux,Toulouse, and C ' e tte (Mackenzie's)... 2 Do. (p •• ... -_. s-Velete's) . . '- Calais, Dunkrk and West 2 .... . - ..... - Flanders . ' wibrlc_r.ta and .bi ......... 2 **".. - :iii:L.L.r. ; :;ii . d .. p .. acifi . e . 78. ...... -- - Itioraill..o.f k i : ......... ......... ..... ... ... .. .. .... ih •. • 9. ,ZttQ .rata' . ••••• .. •• • • .. .... 53. ...... - tare Valle; ..... ........ 2 ...• • • - % % lead% 130 Inbay ... - an - d "*"'' - 4JAt t a? .. : ............... ss. ...... lA A ..... ... ts4t, iii*":!eiush ......... ... 5 l iath-` 141 2. ,.. .. ..... .... ss. GreZyga 8.. - - 1 / 4 I - nazebrouk 4 Qr 4 - o . eat BruneB Peninsular ss. ...... Vat W4trn Bengal... ss. - eana.a a;', er liCanada... 3 1 4 ...... - 4.'414 S. Austrian. ... 4 ••• - - ; :tt */ •••4ild•Junction 1 to l 'aln CI" ~" • •••••• 1 2er a b o a oarabre ... 6 ... - • V i4 ks tIr g••• •-•• ........ and A . ••• ..... .. 4 3 4% ..... ....- is v lgnon ...... 2 - 14447 ' ••••- ............. 1 - .. l'iellore, and 44 .....d. ............... % I.4titi,l,T. 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STOCK BANKS. .. 0 , •North A ........... 40 - ••• . /I t r i lnerei a i ` ll neri cau 5 - l' it nal of i c ' t L onde) ° - I,, on vinei ai 0 , rela nd .. n 29 - - Itloliddoon &w i I reland ..•• ::: 22 /Q - ••• ......... ''• 4$ thip 4JOinteStrninater. 20 - N1,1410041t:r..0.v................. v_ aof Lo ndon StOek ...... 10 i::? 4 144:.... . 2 1( 5 ) °I A , st . rali E nagla....d. 23g • • •"....•• Beal e - - el t v AL I ‘ . GAtetr nregd MINES. 3% 14 °1% ---- ----- - -__________ 3% t kib ' S S ti T , 4 4 1 b kt, b, - ...1" PIN G.-(THIS DAY.) Nd . . r eez -c 7 .- Wind variable from N.N.W. to N.N.E. ik l i bbo o e and haz . A foremast, fore topmast, fore yard, 4 41 ", Th ' a PPare y 1 1 4 e, g Were ek nt y belonging to a vessel abut 160 tons 1, to w eal e, „IP.' et! up off St. Catherine's Point, by the walplit o f ale, steamer in the River. A vessel under jury mast, fr b t4 iso, miattner, supposed to be the Templeman, from „a1 1 ..../s I), e w a s st ran ded on the coast of Wexford. m 44 0, Ar rd •,,°•-Wind E.N.E. to W.S.W. •, 6. N.N.W., , m • Centurion, H R,,_ ,Cenca, / 4 „ . , eppenstal, Quebec ; Jane, M'Lean, ' )4` - otia oll l th e - 1 ';' 11, ditto ; Fergus, Martin, ditto, for Hull. - •aiab: Sy ni ,Zver and ald. Ann Corbett, Yarmouth, Nova ,_4 1‘ 74; It os *:‘ l 7, Butler. China; Royal Alice, Hopper, ‘gllktearloui,...o},n,aLßruce, Rio Janeiro ; Amy, Havannah. li b b_ lti er, " aro DEC. 6.-Wind N.N.W.-Sld. Hadding aet, "',. ocru, D EC. e!, Calcutta. )4 4 4)4 . J0h, , ,, , ew 6.-Wind N.N.E.-Sld. Emily Tobin, light.- ge A to r w rd n: tatt tt e , a i.,:" . ,,, °d ge, Quebec; Sylph, 'Raisbeck, Richibuctu ; z ll i :t f i !ii ii reci ti t i t°° ll l t t o i :Yi . C 5 : 3- 31 1 , 7dr Il i o c f . s .W on,. Q 6 u . eb N ec " ; n Lancaster, Wright, Demerara ; Berry 1.745 e0 11e, T rini l. ; Sarah Horn. Henderson, Africa; fita 4 Christie 9ad Freeman, Whyte, Jamaica; John A a„,,_Cov enanter , ditto; Manchester, Brown, New Or ()Oka ; , Patterson, Apalachicola; Mersey, Boyd, tt el'e t t 4 t, icfa".glatiCoffin, New York; Tarolinta, Cave, Boston. lii t ; 4 l ef,V"--Arrd.. John Mum, Watt, Quebec ; Mary Ann o tos tst r i - : 0 aL Ilalifax ; Retrieve, Cuthbertson, Havannah. %eb b ' D0,,1 4 Ya:son, Berbice ; Mary Harrison, Havannah. ,Ot e p e l r for li t ' u P i Ee• 5-Wind W. to E.N.E.-Arrd.Waterloo, 1 ,, c tlst .ot t , 4 „, C '„•rY, 13„1111/,'6"-E_Me_teor, Bros; n, Quebec, for Hull. N.N.W.--Arrd. off, Victory, 1 6: 14 :a e t be ij i , f° r L b ndon Willd oed_,s•eoeb, c "c• 6 . -Wind N., fresh.-Axrd. William Miles, IsT,„le, L er c. e Sld. Mohawk, Boaden, Africa; Emerald, 4 1%;: t P0n.,, , u ',.?, and Demerara. 1.,/,oll* Quebe"EC• 5. Wind N.E. -Arrd. Meetina, -- , . e t ,„_ol. ty ~,e. Sld. Edward Kenny, Cook, Grenada. ' s,...'mt-,b a '''', ec• 1 .-Sld. Bayne, Wild. Africa. i tOt . i i iikklPE , n t u e •- • 4......51d. Metoka, Maclaren, New York. sty od•W ind N.N.E.-51d. Lord Sandon, Per- i 1 p 32 1 4 6 ih ...... 833/4 - 5% -- 31/2 8% 12% - 134 13 1 4 14 1 3% 3 3 / 4 37 1/2 +% 1% - % 10% 13 1 4 8% 51/, THE SUN * LOND OI47, MONDAY EVENING, .pEcEmn - ER 1846 0,7401.100 , -- , •: --6 . 74 asetri , 7 L mizi .,,,, , p re. s.—Wind NIT.N. w.,__H..m ityf i , 0,- 0 1 . 1 ibertser. ' there is no consent of Mr. Gain's to be on the provisional 12 1 4', —; Enterprise, Yzirrall, ; Leviathan, Ray:Tetig, —_ - 7. committee. . 12A; BELFAST, DEC. s.—Wind W.S.W.—Arrd. William ~ l 'i ne, Mr. Beckett was then sworn — lie stated that he was 8 Agnew, Quebec. Si.,l Syreil, Waterson, New York. one of the solicitors to the company. Ile had to get up Doyen, DEc. 4.—The Chichester, Holga, of Chichesfer, the lists of the provisional Has in his was brought in here yesterday, leaky, and with other damage, ' committee. possession the wriuen consent of all the members of after being on U!e Kentish Rock. the provisional committee. Mr. Gain's name was put on PLYMOUTH, DEC. 4.—The Providence, Martin, from Fal mouth to St. Halo, went on shore near St. Anne's Battery , the list by mistake, and was a f t erw ards struck out. 20th nit., but has since been got off. Witness never considered him to be on the committee, PADSTOW, DEC. 3.—A ship wheel, together with a portion land has informed the parties that the present action of wreck, came ashore to-day in Peerlss Bay, on a brass could not succeed. plate in front of the axle of the wheel, " Jules de Blossiville" By Mr. CHAMBERS—Witness and his brother were are engraved. ' the projectors of the scheme. The list was registered LLANMADOCK, D. 4.—The Mary, Earl, from Hayle to on the 22d of September, and in consequence of many Llanelly, which was driven on the Lynch Sands, 20th ult., additional names being entered it was again registered. has been got off. Witness has brought an action for a bill for 3,0001. PLYMOUTH, DEC. 6.—The Shannon steamer, from London against Mr. Fisher, the owner of the Caxton Press, and to Dublin, took fire yesterday, was run ashore and scuttled; one of, the principal tradesmen in the city of London. all the cargo in the main hold is mere or less damaged. Witness has given an indemnity for 10,0001. to several PORT TALBOT, DEC. 6.—A small vessel, laden with pota toes, &c., from Jersey to Swansea, is on shore at the entrance gentlemen for using their names. of this port. Mr. CnownEn objected le this examination. ST. IVES, DEC. 5.—A medicine-chest, two boards, one a Mr.; CHAMBERS said that as his friend argued that stern board, marked Jules de Blosseville, and 200 pieces of the provisional committee-men only gave their names to mahogany, have been brought in here. sanction the undertaking, and were not liable, he (Mr. BinEroitn, DEC 4.—Some wreck, with a sail marked Chambers) had a right to show that something more Grant, 13rixham, has been picked up in this Bay. than a mare undertaking to sanction the line was consi- OFF FALMOUTH, DEC. s.—Wind S.W., light.—Grace Dar- dered necessary. He then addressed the jury in reply, ling, Orfeur, Madeira. and contended that when the insertion of Mr. Gain's LYTHAM, DEC. 6.—Wind N.W.—Arrd. Thompson, Bur- name was sanctioned by the committee, Mr. Beckett had ton, Quebec. DUNDEE, DFC. 2.—Arrd.Glammis Castle, New York. no authority to erase it, and that Mr. Gain was, to all WHITBY, DEC. s.—Arrd. Pet, Robinson, of Whitby, with intents and purposes, a committee-man. considerable damage to deck and cabin by fire, in Bridling- The LonD CHIEF JUSTICE, in summing up, regretted tea say. that if there were any solveet persons connected with Sr. ivxs, Dzo. 4.—Arrd. Jane, Richards, Hamburgh for the company, that they had not been singled out, in- Belfast, leaky and with cargo shifted. stead of the defendant, who had been sued, as it ap- WATERFORD, DEC. s.—Wind N. to N.N.W.—Arr.l. Mary peered to him, upon very slight grounds. The question Taylor, Lancaster, Newport for Corfu, leaky. for their consideration was whether the defendant had in any way rendered himself liable by causing himself to become one of the provisional committee. The de fendant had written to be placed upon the committee, and the question was, how far—taking all the circum stances of the case into consideration—he had so rendered himself liable. The jury, after a short consideration, returned a verdict for the defendant. 5% 4% 5% 4% 6 1 101/?, ll' ottli laitttoti CHANCERY-(THIS DAY). RIGBY V. THE GREAT WESTERN RAILWAY COMPANY. The Lord Chancellor, after disposing of this case, which came before his Lordship to be spoke to ou the minutes, proceeded with the further arguments in the part heard case of " Chuck v. Cremer," the facts of which we have already given in detail. The case occupied his Lordship the whole morning. EXCHEQUER.-(THIS DAY.) PAYN V. PRITCHARD. This was an action in which the plaintiff, a railway surveyor, sought to recover the sum of 461., the balance alleged to be due to him for work and services rendered as a leveller upon the London and Birmingham Exten sion Railway, and the Worcester and Warwick Railway, for Mr. Pritchard, the engineer to the above lines. Mr. M. Chambers, with whom was Mr. Hayes, ap peared for the plaintiff ; the Attorney-General, Mr. Ashton, and Mr. Humfrey for the defendant. From the evidence in support of the case of the plain tiff, it appeared that he was engaged by Mr. Bushell, the managing clerk of the defendant, as a leveller, in the commencement of October, at the rate of one guinea per day ; subsequently, us the wages of that class of persons rose in amount, it was increased to one guinea and a half per day. The plaintiff now claimed the sum of 46/, as a balance of the sum of 1081. due to him from the 10th of October to the 2d of December, 1845, at the rate of three guineas per day. It was the custom of all the persons employed by the defendant to send every week to London a time bill," showing how they had been engaged, and also what other necessary expenses had been incurred; and it was from these " time bills" in the office of the defendant that the present claim was made out. VICE-CHANCERY.—(THIS DAY.) (Before the VICE-CHANCELLOR of ENGLAND.) This being the Second Seal after Michaelmas Term, the Court proceeded to hear motions, none of which call for a particular notice. (Before Vice-Chancellor Sir J. WIGRAM.) WINTER V. WINTER. The arguments of this part-heard case were concluded this morning. His HoNouß reserved his judgment. (Before Vice-Chancellor Sir J. K. BRUCE.) ROBINSON V. ASTEN. This was a motion for the issue of an attachment against the defendants, John and Robert Asten, of Wol verhampton, for a non-compliance with an order of the Court of the 3d of last November. It appeared that the defendants were ordered to execute a deed of partner ship with the plaintiff within four days from the date of the order, but that the deed remained still unexecuted. His HONOUR considered that this was a matter which could have been arranged at the office, and refused to grant the order. After hearing some uninteresting motions, the Court rose shortly after eleven o'clock. Mr. H UMFREY, in his address to the jury, contended that the defendant was not liable to pay the present large amount. Plaintiff was engaged at the rate of one guinea per day, which was afterwards increased at the express wish of the defendant to a larger sum, and al though the time bills forwarded to London by the plain tiff contained charges at the rate of three guineas per day, still it was not until the month of Decem ber last that the defendant was made acquainted with the charges. He thought that at least the plaintiff should give some evidence that the work was actually done for which he made his charge. ['he Learned Counsel proceeded to say that the plaintiff had himself admitted that he had received the sum of 70/. for his services from the 10th of November to the 2d of December, and that a further sum of 71. 6s. was paid info Court, and contended that this was ample re muneration for the services of a person who had entered into an agreement at the rate of one guinea and a half per day. A number of witnesses were then called on the part of the defence. QUEEN'S BENCH.-(THIS DAY.) ALLEY V. GAIN. Mr. Chambers (vvitlhomvt --- aS Mr. Ball) appeared for the plaintiff, and Mr. Crowder appeared for the de t't admit. Mr. CHAMBERS stated that this action arose out of that great mania for speculation in railways which took place in the year 1845, and in which the defendant was extensively engaged. The plaintiff a surveyor. The defendant was a butcher, residing at Kennington. In the course of the railway mania a, scheme! entitled the Lincolnshire and Eastern Counties Junction Railway was formed, and on the 9th of October, 1845, the defendant wrote to the parties engaged in the project to have his name inserted in the list of the provisional committee, which was accord inWy done. In the late decisions upon this class of cases, in the_Court of Exchequer, it had been held that the mere fact of any man's name appearing on the provisional committee would not entitle any parties to bring an action against him, but that the jury might take into consideration the important fact, of whether it should appear upon the prospectus that the provisional committee had employed parties to make surveys, or had in their prospectus in any manner made themselves liable or responsible. In the prospectus which had been set forth in this case the provisional committee de scribed the various facilities offered by the line, stating that persons had been employed to make the necessary surveys, and on the face of it it must appear to the jury that the plaintiff was in this case clearly entitled to re cover according to the view taken by the Court of Ex chequer. The amount sought to be recovered was 2031. 19s. 6d., the balance of an account, for part of the money had been handed over. The Learned Counsel then read the prospectus, and called The LORD CHIEF BARON, in summing up to the jury, said, that with reference to the disputes as to what portion of the line the work was done upon, he thought the proper course would have been for the defendant to take out a summons before the judge at chambers for the particulars of demand, the plaintiff wishing to know upon what portion of the line such or such work was done. Suck a demand would always be granted by the judge, upon a proper affidavit, stating that the plaintiff had reason to believe that the work in question was not done. The questions for the jury to consider were, first, by whom the plaintiff was employed, then whether the work in question was really done, and if done, were the charges for such work correctly made, and if so, what was the balance now due to the plaintiff. The jury, atter a short consultation, returned a ver dict for the full amount, 461. 16s. His LORDSHIP granted immediate execution. WILSON v. LORD CURZON AND ANOTHER.—LIABILITY OF PEOVISIONAL COMMITTEEMEN. --- Mr. White, the secretary to the company, who proved the insertion of the defendant's name upon the prospec • tus, of which 3,000 copies were printed and issued. Mr. CROWDER objected that, although the defendant wrote to request that he should be placed upon the pro yisioual committee, he had not authorised their publish. ing his name to the world. This was an action in which the pinintiff sought to re cover the sum of 1254 for }Jaffa year's salary due to him as secretary to the Canterbury and Herne Bay Railway, from the defendants, members of the provisional com mittee. The Learned JuDoureserved the point. Mr. LEWIS, the engineer to the proposed railway com pany, proved the moderate nature of the plaintiff's charges. He stated that he employed surveyors to do work for the company; but he should not have done so had it not been for the list of responsible persona whose names appeared as provisional committeemen. All the work was done by him on the reponsibility of the company. Mr. Furlong, a surveyor, also proved that the plain tiff's charges were fair and reasonable. The company had not yet been dissolved. Mr. Brace, the solicitor to the cots pany, employed witness to arrange the sections. By Mr. C R OWDER—Considered that Mr.' Brace em ployed him on the responsibility of the company, as set forth. This was the plaintiff's case. Mr. CROWDER rent wed his former objection, and con tended that the prospectus could not be received in evi dence, as there was nothing in the defendant's letter to warrant the parties in publishing his name to the world with any responsibility attached to it. This letter merely said " insert my name as a provisional committeeman;" but did not say, " publish my name as a provisional committeeman." Had the prospectus been sent to him, and he had offered no objection to it, it would be another thing, but nothing of the kind was proved. The LORD CHIEF JUSTICE was of opinion that the ob tion of Mr. Crowder was a good one, and the question should abide the decision of the jury. Mr. CHAMBERS said that it would he a pity that the cause should have little additional again, and he would therefore offer a evidence. He then called Mr. Ambrose Moore, one of the provisional committee men of the railway, and chairman of the committee of i m e n a a an e t m was gent, on w t I o e I p t r th v of e cl o t h e t a n t the er r e n a a d m f e r o m f t t h h e e p d r e e spk ctus at a meeting of the committee at which the de fendant was present: He made no objection to it, nor was any objection made to its insertion. By Mr. CROWDER—Does not know that this action is sanctioned by the company. Nor does he remember that any resolution to the effect that actions should be brought against any person or persons whose names should be mentioned was passed. The LORD CHIEF JUSTICE said that after this evi dence the prospectus could be received. Mr. CROWDER then submitted that the case was not supported on the evidence, which did not in any way fix Mr. Gain. The LORD CHIEF JUSTICE said that the view he had alwayshe ewe u t i taken e h n of e ee m these e a cases h provisional a issuete v was, er t h ee a tw n m h i t e t n a e ere m a n a , n said an d spn authorised tu si n a t n h y e e company r t w o , h h i e s m n n am et e m i e n an a so p m ro e. thing by it. If he wished to be a committeeman it was strong evidence that he authorised the company to publish his name through the world in that character. He could take no judicial notice of the word provisional committeeman, but it had a meaning in the world, and the jury, looking at all the facts of the case, must form their judgment as to whether the defendant had ren dered himself liable to the plaintiff or to the public. Mr. CROWDER then contended that as there was an acting committee on and after the 14th of October, therefore, they were liable, and not the members of the provisional committee. The LORD CHIEF JUSTICE said that it was for the jury to decide. Mr. CROWDER the addressed the jury, and contended that as the plaintiff commenced work on the 30th of September, and the defendant did not join the provisional committee until the 14th of October, the plaintiff must have had some agreement stated or implied with other parties, and with which the defendant could have nothing to do. If the verdict were given against him in the pre sent case, Mr. Gain would be liable not only to the extent of 2031., but to the extent of 28,000/., the whole liabili ties of the company. He knew that Mr. Beckett, one of the managing men of the company, had struck out Mr. Gain's name, as he did not wish any tradesmen's names to be seen on the committee. When the committee was registered Mr. Gain's name was struck out, and notice of the erasure was given to him. He hoped that the jury would not sanction the injustice of compelling the defen dant to be liable to this ruinous extent. Mr. UDALL (who was with Mr. Crowder) then called Charles Russell, who stated that in the month of Oc tober, 1845, he was engaged as a copying clerk by Mr. Beckett. The defendant requested that his name should be put on the list of the provisional committee. Witness placed it on the list. It was not the act of the com pany. Afterwards saw Mr. Beckett strike out the defendant's name from the printed list, and inquire who he was. The name was struck out between the 13th and the 15th; believes it was the 14th. The Attorney-General and Mr. Hoggius appeared for the plaintiff ; Mr. Martin and another gentleman for the defendent. From the opening statements of the Attorney-Ge neral it appeared that the plaintiff was a civil engineer and the projector of the company. He obtained the names of a number of influential individuals, among which were Lord Curzon and Mr. Stuart, who was also a member of the provisional committee of the Thames Navigation Embankment Company. A provisional committee was subsequently appointed, and one of their first acts was to appoint the present plaintiffthe secretai y to the company at a salary of 2501. per annum. And he was ordered to receive applications for shares in the company. Both of the defendants were present at the appointment of the defendant, and at a subsequent meeting to consider the claims upon the company, they admitted the claims of the plaintiff fcr the sum of 1251. The above facts having been proved by witnesses called on the part of the plaintiff. The LORD CHIEF BARON said that in his opinion there was no evidence to go to the jury except the facts before him, and from them there was nothing for them to find. It was a simple question of law, and in his opinion, the plaintiff ought at once to be nonsuited; or, if a verdict should be returned for the plaintiff, it would be with leave to enter the verdict for the de fendant. Mr. MARTIN could not consent to the latter proposi tion was no LORD a oA s ß e cDt w et h h a Ha t it e u vi h r Be t A o pßr g oo o Nm t o o t the t o h r u e go j fh u t r a y ; lion ; he did not inte n d t o ca ll any w i tnesses. There w a s a y very clear t ra could not sue any member of the provisional committee. It was lawful for the promoters to act as provisional com mitteemen ; and it was also lawful for the promoters to allot shares, and receive deposits, and pay the expense of the formation of the company. There was, however, no authority by which they could sue any member of the provisional committee for these expensns. ATTORNEY - GENERAL -All person whose names are registered are taken as promoters. The Court has lately decided that the members of a provisional com mittee are not to be considered as partners in the concern. The LORD CHILI' BARON did not think that in the Present case there was anything at all to go to the jury. In his opinion the case was perfectly clear. The plaintiff was accordingly non-suited. Leave was then given to the Attorney-General to move to enter the verdict for the plaintiff, if the Court should be of opinion there was any evidence to go to the jury. WADDY V. DILLON AND OTHERS. This was also an action in which the question of provisional liability was raised. The plaintiff was the Parliamentary agent of the London and Manchester Direct Railway, and sought to recover a g lar e sum of due to him for professional services rendered money the early stages of the formation of this company. during The defendants, seven or eight in number, were mem bers of the managing, as well as the provisional com mittees, of the London and Manchester Direct Railway. Mr. Montague Chambers and Mr. Bayley appear . ed for the plaintiff; the Attorney-General and Mr. noggins for . the defendants. It appeared that the serv ices rendered by the plaintiff n to the company consisted i part of obtaining the names of good, influential, and first-rate pe rsons as members of the provisional and managing committees of the railway in question. From the evidence called upon the part of the plain tiff, it appea re d th a t h e had recommended six persons to be e l ec t e d as p rov i s i ona l committeemen. The late secretary of the company, who was called, stated that the plaintiff had sent in their names, and that some of them were elected. The application to become members of the Provisional Committee were so numerous that he was literally diluged with them, and he considered that the great object of the applicants was to obtain an allot ment of the shares. The LORD CHIEF BARON—Does the whole of the plaintiff's claim arise from printing these names? If so, I think the plaintiff must be nonsuited. Adr. M. CHAMBERS said that he would call other witnesses, who would depose to other professional ser vices rendered by the plaintiff. Another witness was accordingly called. The Loma. CHIEF BARON intimated that no further progress was being made by the evidence of that witness. Mr. M. CHAMBERS said that he could not go any further with his case. The plaintiff was accordingly nonsuited. COMMON PLEAS.-(THIS DAY.) The Court was occupied all the morning with a pedi. gree case, which was adjourned from Saturday. HOLDSNYORTH V. GIBSON AND OTHERS.-.ALLEGED NEWS. By Mr. CH.4.3thEns----Can - Doi speak precisely to the day. Mr. Pritchard stated that he is one of the clerks to the register of the joint• stock company, He has the book containing the list of the provisional committee of the Lincolnshire and Eastern Counties Junction Railway Company. The registry was made on the 15th of Oc tober. Tttere was a previous registry of the 22d of September. Mr. name is trot in that registry. In the registry of the 15th of October Mr. Gain's name is printed, but is struck thr , ugh with a pen. The con• Bents of all the other persons on the list to be provision ally registered as committeeman are appended, but plaintiff. The action, he said, was brought against the proprietor., of the newspaper in question after the most careful anxiety and consideration. Unless he had done so, he could not have again held up his head in society. In order to meet the charge the defendant, not content with denying the libel, had declared on the record that the charge was true. With regard to the plaintiff, the consequences of the trial were must important. If the verdict goes for the defendant the consequences to the plaintiff would be most disastrous ; whereas, should it go for the plaintiff, it would be but little reparation for the injury done, while the defendant in that case would, in all likelihood, not sell a single newspaper the less. The plaintiff in the action is a physician, a married man with eight children, who, in 1845, established himself in practice at Plymouth, and, up to the time of the unfortunate circumstance which led to the present action, had been much respected. Shortly after settling in that town he got elected into the Royal Yacht Club. In the month of February, in the present year, some circumstances arose in connexion with that club which led to the calling together of a general meeting of its members. A discussion took place. and the result was the black-balling of the plaintiff and another member. This was a matter unfor tunate enough in itself, but the matter did not rest here. In a few days there appeared in the newspaper in, question an article reflecting in the strongest manner on the character of the plaintiff. The public, it was said, liked strung meat in newspapers, and this, no doubt, was the cause of the article in ques tio❑ being panned and published. That article was so gross and libellous that no course remained to the plaintiff, unless he would allow his character to be for ever blasted, but to bring this action. In order to put the jury in possession of the libel at the earliest possible period, he would read it.. (The Learned Gentleman then read the alleged libel from the Plymouth Journal of Feb 12 : " ROYAL WESTERN YACHT CLUB. "COURT OF HONOUR. " EXPULSION OF TWO BLACKLEGS. "For some time past circumstances of suspicion had attached to two members of this club, owing to two gentlemen having been plucked at the residence of one of the suspected members in a manlier that seemed to indicate soul play. One of the party was fleeced to the amount of 1,0701. in one evening at cards, and the other gentle. man lost about 200/. In the case of the first gentleman that we have alluded to the parties were betting on the turn-up card, and his op ponents managed to turn up a king nine times running. All these circumstances led to suspicion —that suspicion led to inquiry —and the inquiry has resulted in the expulsion of the two suspected per son!, and of one of them suddenly leaving the town. " A short time ago a person known to be a confidante of the ex pelled parties sought admission into the club. His name was O'Brien. He gave a crack entertainment a few days before he was to be elected, as he thought, and his party was graced by almost all the rank and fashion of the neighbourhood. He was going to make his entree into the club in grand style. Two or three days afterwards he stood the ballot, and was blackballed ! The next morning he bolted, and some of the poor tradesmen had to lament the Character of his fashionable entertainment, and the great desire he had for display. " The talk and excitement that this blackballing occasioned was very great. Other gentlemen who stood the ballot about the same time trembled lest the same fate might await them, especially as one black ball in seven excludes any who may seek admission. Sub sequent events prove that the conrse thus adopted with regard to Mr. O'Brien was a very judicious and wise one. " The events that we have described led to an inquiry into the character of a Mr. M—, who lived near the club, and into that of Dr. H—. Both those persons were citizens of the world ; we can not learn whence they came or whither they are going. On the 29th ult. the secretary of the club, Walter Lormer, Esq., by order of the committee, issued a circular, summoning a special general meeting of the members on Thursday, the sth inst., at noon, when informa tion forwarded to the committee from Tours, relative to the conduct of two members of the club, would be laid before them.' The members of the club generally knew what the object of the meeting was, and therefore on Thursday last there was an ex ceedingly large attendance, there being nearly eighty members present. W. li. Hanker, Esq., was voted into the chair. Pre viously to reading the report of the committee, and the documents mentioned therein. Sir. John Beer, of Devonport, rose to inform the meeting that he had been consulted professionally, and that he attended the meeting as the professional adviser of the two persons implicated. It was then put to the meeting, whether a pro• fessional man could appear there, and it was negatived ungnimously and decidedly. " The history of their movements, as detailed to the meeting from sources beyond all doubt, was this—They were said to have been connected in a notorious gambling transaction with Mr. Connelly at Tours—that of marking cards—in which a French officer was made to suffer most severely. Mr. Connolly was tried at Tours, and thin he removed the trial to a higher court at Blois, and again into a higher court at Orleans, and had decisions against him in all cases, and he was for the offence imprisoned two years. There was then a charged against them of malpractices in play at Guernsey, where they were ejected from the Civil and United Service Club—all of which will be more amply detailed in the letter of which we shall give a copy presently. Thus the eircumstances that have occurred, which were not in the club, but by means of their connexion with it, were also stated. " When these circumstances were known, Mr. Lormer sent a letter to them, suggesting the propriety of their withdrawing. They replied to this by requesting to known what charges there were against them. The secretary sent a copy of the charges, to which they male no reply. "On the meeting deciding that they would not hear a professional man, Mr. Beer, and their proposer sent for them. The club waited for one hour and a half in order that they might offer any defence that they felt necessary. They, however, made no appearance, and sent back no answer, though one of them was seen from the window of the room walking about. " The letter received by the secretary from Guensey, in answer to inquires was as follows : IGuernsey from the autumn of 1843 to 1844, when hey went on a continental tour. They went to Paden, and again in a short time they ieturnsd to 1 1 Guernsey, and wanted to get into the club, but Mr. McDonald, who first claimed admission, was blackballed by no immense majority. This arose from the discoveries made respecting these gentlemen at play. The Learned Gentleman having amplified on these points, went on to trace their proceedings till they arrived at Plymouth some time after, giving in the pro gress a list of the victims that had been made, whom he stated he would produce in the witness box, and the whole of whom, he said, would completely and trium phantly justify the article for which the plaintiff now sought to recover damages. The Learned Gentleman then proceeded to call evidence. The case, it is expected, will occupy all day to-morrow, examined. there are a very great number of witnesses to be BANKRUPTCY.-(THIS DAY.) IN RE DRYDEN. •` The affair teat took place in this island, with reference to these two black-legs, was this :—They had got themselves introduced Into a club lately formed, called The Civil and United Service. Several strange occurrences had taken place in and out of this club, Large sums of mosey were lost. Suspicion was afloat. They quitted and went to Baden. Something drove them out of that placd, and they returned here. 31-- came back first, and wished to re enter the club, but he was black-balled, and 31--, out of this occur rence, assaulted a highly respectable gentleman, for which ha was sent to gaol for a fortnight. Shortly after this, a person from Paris came here to arrest him, and he stowed himself away in his house, which overhung the sea, and while the police were watching outside he let himself into a boat, and that is the last we know of him. " You are in the right direction—Tours. You may go to Ireland also—Tipperary, I think he was brought before the Court there for swindling. He made a bolt, and got out of Ireland in a somewhat similar way that he did out of this place. " I hope that my friends at Plymouth have not been fleeced. " Mr. Lormer—You have been asleep at your post. "Had I had the least supicion that these chaps would have had the impudence to introduce themselves at your club, I should have felt it a duty that I owed, to have gone to Plymouth at my own cost to have put you on your guard. "The letter and evidence having been read, and the members having waited till endurance could wait no longer, the meeting pro ceeded to ballot under the 11th rule, which provided that, ' In ease any circumstances should occur injurious to the welfare and charac ter of the club, the committee shall call a general meeting, giving seven days notice, and in the event of two-thirds of the members present voting (by ballot) that the name of any member shall be removed from the list, the subscription of that member for the cur rent year shall be returned, and he shall cease to be a member.' The result of the ballot was a most awful affair. At the time of the vote being taken a number of gentleme►r had left, the proceedings having lasted three hours:— NOVEL APPLICATION.—In this case, which eras an old fiat, the solicitor to the assignees app!ied to the Learned Commissioner to annul a divide nd previcusly declared, and grant another meeting, on the ground that there was an error in the calculation, whereby one por tion of the creditors were excluded from partaking in the dividet.d. The ckrk to the official assignee said the error arose in consequence of the subsequent meeting for proof of debts not being taken into consideration, the consequence was, that the first creditors would receive two dividends and the others none at all. The Registrar said the dividend was declared so far back as the 18th October, 1845. The solicitor said it had not been advertised, and he conceived that the fund might be brought back from the dividend and placed to the general account. He was a creditor himself, and also had a bill of costs. The Learned COMMISSIONER said he could not un derstand why there had been so much delay, nor could he now withdraw the fund. For Dr. II „ Mr. M. 2 Against Dr. 11. 1 Mr. 31 " Mr. V - - has since l e ft th e towa ,' but the Doctor rema i n s. " We think the inhabitants are under the greatest obligations to the members of the committee and to the club generally, for the prompt and determined manner in which they obtained evidence respecting these men, an d acted upon it. They h a d i n t r oduced themselves into the soc i ety of every respec t a ble stranger who visited the town, with wh a t i ntentions we leave our readers to determ i ne The dull is not lik e l y to be impaired through having had two or three black sheep i n i t. It still maintains its high and respec t a bl e character, and the h onourable way in which it has v i n di ca t e d it se lf from this possible stain will redound to its credit rather than detra ct from it. The club is of great public utility, it affords excellent literary qualifications to those of its members who desire to avail themselves of them, and it must be a source of pleasure to its friends to know that there are fifteen new candidates to be ballotted for at the meeting on Friday next." The Learned Gentleman then went on to show that the Dr. represented could mean no other than the plaintiff ; that the other party named in the libel was a Mr. M‘Donald ; an d t h at the grea test injury had been inflicted on the char acter o f his client. Having ampli fied on these points, he proceeded to prove his case. The newspaper was put in, and admitted ; and the following witnesses examined as to the character of the plaintiff, and the identity of the plaintiff with the Dr. H- of the article. Richard Freeman, general medical practitioner at Plymouth. He knew the Royal Western Yacht Club, and had belonged to it. He also knew the plaintiff; he was married, and had eight children. He believed he was a physician. He recollected the publication of the Plymouth Journal of the 12th of February last. He knew no one in Plymouth to whom the initial H. could apply but Dr. Iloldsworth. Witness sent the paper to plaintiff, as he was sure it meant him alone. It was directed, to the best of witness's belief, against that gen tleman. The clerk to the official assignee said, that the solicitor to the assignees was aware, the day after the dividend was directed, that there was an error, and refused to sign the dividend paper, but he had not since taken any steps on the part of the assignee, or for himself, to have it set right till now. The Solicitor had been a great many times and never had an opportunity of speaking to his Honour. His HONOUR said that was quite incredible. It was clear that he was not entitled to costs which had not been submitted to audit at the audit meeting. He could not bring the money back, but would in a proper me morandum being put on the proceedings, allow an amendment, so that the new creditors might receive the first dividend which would exhaust the assets. Cross-examined—H e was not aware that Dr. Holds worth had ever practised. He only knew that he gave himself out as Dr. Holdsworth. He was not aware he had only put the name " Dr. Holdsworth" on the door plate, since the publication of the alleged libel. Harry Snell, a chemist and druggist, Plymouth, de posed that he had made up prescriptions for Dr. Holds worth. He bad received correct Latin prescriptions laom Dr. Holdsworth, before the date of the newspaper. Cross-examined —He might have dispensed thirty or forty prescriptions for Dr. tioldsworth, IN fore February last. He could not, however, say how many. This was the case for the plaintiff. Mr. COCIeBURN then opened the ease for the defence. He said it would be his duty to justify the course taken by the defendants in this case, they had heard it stated that the plaintiff was a respectable man, but how could they come to that conclusion when it was known that a a highly respectable and honourable club had unani mously expelled him after an anxious inquiry ; and when he (Mr. Cockburn) would prove, as prove he should, that not only had the plaintiff given himself out as a physician, but that ha was a confirmed gambler, prac tising his arts not only in Plymouth but elsewhere. It was said the defendants had written to gratify a morbid feeling in the public mind for strong articles but this he denied. There was not the least evidence to show that any malice or ill-feeling had been displayed by the defendants in the article in question. As public journalists, knowing these facts alledged to be true ; knowing that the highly respectable club had igno miniously expelled the plaintiff, was it not the duty of them, as honest journalists, to warn the public against parties of such dangerous and disreputable character. It was said the plaintiff was a member of a profession which they all respected ; and they bad heard something of his correct Latin prescriptions ; but oa that he would be prepared to show that he had not, at least, supported himself by that honourable profession. In order to do that s for ow whichtha that i place n l he would have to trace the plaintiff's career since the 8 3 he left deeply 9 , he lived at in debt, which debt s had not bee n paid to th e p resen t hour that ha left Wilsden for Tours in France, where he associated with a p e r son name d M'Donaldonald ; and that w hile there the plaiutiff, M'Donald, an d a person mimed Connotty were cont in u all y togethe r at t h e year rsden 1839. near He Leicester, would gam i n g table, working with each other, an d mixed up with most disgraceful proceedings. The Learned Gentleman here gave the facts, which he intended to prove iu evidence. It was to to the effect that Connotty had been convicted o f marking and cheating at cards, and that, on the occasion, the plaintiff and M'Donald were acting with him in the matter. This Connotty was convicted for the same at Tours, and the sentence was confirmed by an appeal to a Superior Court, though, strange to say, he had the plaintiff and M'Donald to speak to his character. The Learned Gentleman then proceeded to trace the plaintiff to Guernsey, where be got connected with a club when again he was rejoined by M'Donald. Here again they got deeply engaged in gaming affairs, an d were mixed with similar dis graceful proceedings to these at Tours, inveigling members of the club to play at ecarte at the plaintiff's and McDonald's private lodgings, and there, by practised gambler's tricks, cheating the parties out of their money. While at Guernsey, these two gentlemen had no visible means of subsistence, but seemed to live by victimizing all that came within their reach. They continued at SURREY SESSIONS.—(THIS DAY.) These sessions commenced to-day before Mr. Puckle, chairman, and a full bench of magistrates. The first case taken was an indictment for an assault of a violent character, committed by Thomas Foulkes and Henry Foulkes, his brother, omnibus proprietors, on W. H. Balls, the keeper of a green .yard at Kennington cross. It appeared that the former of the two prisoners, who had surrendered in discharge of their bail, had ap plied to the Insolvent Court for relief, and one of his omnibuses had been, as part of his property, delivered to Rutland, a sheriff's officer, for custody, and by him confided to the care of the prosecutor. The application of Thomas Foulkes failed in consequence of his having described himself as out of trade, whereas at the hearing the con trary was shown. This invalidated the petition, and it was shown by one of the messengers of the Court of Chancery, in the employment of Mr. Graham, the official assignee, that in such a case the property that had been seized immediately becomes reinvested in the insolvent, and if any of it has been sold, the proceeds are handed over to him. With this impression Foulkes and his brother went to Ball's yard to take away his omnibus, on the 23d of July last. Ball had, however,received a notice not to give up the property, as Foulkes had failed to pay the fees of the Court. Notwithstanding this circum stance, the two Foulkeses proceeded to take away by force the omnibus and the two horses which drew it. While getting the horses out, the son of the prosecutor took away the pole of the carriage, but they persevered, and as Henry Foulkes was driving the omnibus out of the yard, they were met by Ball, who, with his utmost strength, opposed their progress, and was violently struck over the hands, head, and face. The cries of the prosecutor ultimately brought the police to his assistance, and all went together to the station, where they were referred to the magistrates, and this indictment was ultimately preferred. Mr. CHARNOCK, who was retained for the prisoners, in addressing the jury, stated that the petition of Thomas Foulkes to the Court of Insolvency had been filed two years before this circumstance occurred. During the interval which had elapsed he had succeeded in making arrangements with several of his creditors, and he ceased to be a petitioner at all. He had, therefore, agreed to let the omnibus and horses to Ball, at a rent of 4/. 10s. per week, with a proviso that all should be returned to him safe and in good condition, and that, in the event of the duty getting into arrear, or of the horses or the carriage being in jured, he should have a right to take them away at any time from the possession of the prosecutor. The rent had got three weeks behind hand ; there was a sum of 231. owing for duty, and one of the horses had died. Seeing this property thus injured, Foulkes and his brother had gone to Ball's yard to take it, and in the en deavour, to do so the assault was made, which the Learned Counsel asserted was justified to the very ut most, and put in the agreement between Foulkes and Ball, and signed by both of them. With respect to the allegation that the property was rightly detained under the Court of Bankruptcy, he would contend that, in the first place, no sufficient proof had been given that such was the cass. The property had been seized, not in the night, but in the light of day, and in the presence of the officers of the law ; and, under all the circumstances, whatever assault bad been committed was in every way justifiable. Mr. CHARNOCK then called Mr. Bicknell, who proved the draft and execution of the agreement, and several other witnesses, to show that the nature of the assault had been much exaggerated. Mr. ROBINSON replied at considerable length, resting chiefly on the right of the prosecutor to retain the omnibus, as one of the authorised persons of the Court of Bankruptcy. The CHAIRMAN, in summing up said, that there was no doubt whatever but that a violent assault had been committed, and the chief consideration for the jury was, whether it was or was not justifiable. It appeared that there wsre two liens on the omnibus, to which allusion had been made One of these was held by Mr. Rutlanc, the officer, and the other by Balls as the agent of the Court of Bankruptcy, and much stress wac to be laid upon the respective times when these two liens were waived Rutland had evidently given up his in the presence of Balls when the two brothers Foulkes went to take away the omnibus. That Balls did not give up his was shown by his conduct ; and the whole case turned upon the point whether he was legally right. He was right if he was properly authorised by the Court of Bankruptcy, of which, indeed, there did not appear to be any sufficient proof, but of this the jury were to be the judges. If he was not properly authorised the as sault was justifiable, and the prisoner ought to be acquitted. The trial lasted from the opening of the circuit till nearly the close of the proceedings of the day, and, after much consideration in the box, the jury were locked up, not seeming likely to agree very speedily on their verdict. BOW-STREET.—(THIS DAY.) John Wallace was charged before Mr. Hall, with being concerned with others in robbing Henry Carver, a lad of about 14 years of age, of the sum of 11. 75., at a coffee shop in King-street, Covent-garden. The prosecutor stated that he came to town on Friday evening last, from Hertfordshire. He had when he came to town 11. 18s.. He took a lodging immediately at the Hope coffee-shop, in King-street. Last evening he was sitting in the shop taking his tea, and took out of his pocket a tin box (in which he kept his money), for the purpose of paying for what he had taken. The prisoner and another boy were sitting in the box with him. After he had put his money in his pocket he thought he elt the hand of one them in his pocket, and he ook his money out, and was gcing to put it in another pocket, when the boy who was sitting opposite to him snatched it out of his hand and ran away, followed by the prisoner. Witness ran after them, but at the door of the coffee-house the prisoner turned back and knocked him down. There was 11. 7s. or 1Z Bs. in his pocket — he was not sure which. Policeman F 60 said that he apprehended the prisoner this morning, knowing him by the descziption given of him by the prosecutor. The prisoner was an associate of thieves, and suspected by the police. Mr. HALL supposed that now he had lost his money he had no means of supporting himself while he was looking for employment. The boy said that he had a few shillings deposited in the hands of the coffee-shop-keeper, and that would keep him until to-morrow, when he would' go to look for work. He had no doubt he would get engaged by some fruiterer in Covent-garden market. Mr. HALL sent for Moore, the beadle of the market, and asked him whether he thought it possible to get the boy any employment in the market? as if he was left to himself it would be the ruin of him. Moore promised to get him a ticket to work in the market immediately. The prisoner was committed for trial, Mr. HALL ob serving that if his accomplice was taken he could also be committed immediately, and they could be tried to • gether. MARLBRO I -STREET.—(THIS DAY.) Charles Hagan and John Hull were charged with picking the pocket of Mary Ryde, a servant out of place. The complainant said she went into the coffee-shop, 265, Oxford-street, yesterday afternoon, between three and four o'clock, to have a cup of coffee. A little after she had been there, the prisoners came and sat down at the table where she was, the prisoner Hull being by her side. She could not swear to seeing the money taken, but she had it in her pocket after she sat down in the house, and she once felt Hall's hand in her pocket. Inspector Whall said, a young woman had come up and signed the charge-sheet, to whom the prisoner, Hagan, said he very near had had the complainant's money. Police constable D 33, said, he believed the female witness was afraid to appear, on account of the threats which had been used towards her by the prisoners. The prisoners Is ere known as the associates of a gang. Mr. HARDWICK remanded the prisoners till Wednes day, and granted the police-constables a warrant to bring up the other witnesses. ~~: 1 MAGAZINES—(CONTINUED). HOOD'S MAGAZINE, An Ele g i ac Od e to T homas Hood is prefixed to the December number: it has some merit. The tragedy of "The Avenger" is continued, as is likewise the story- of " Blanche Neville." Beyond there contribu tions the magazine is an olla podrida of miscellaneous scraps in prose and poetry, some of them good, and others execrably bad. One of them is entitled, "A Thought," to this effect— " Cease to murmur, hapless whiner, Throw that sigh away, Think if caring much won't win her Caring little ma y I" , Surely the editor has forgotten the most inimitable of the delicious songs of old Sir John Suckling; surely he has not observed before that the above is a direful parody upon this exquisite and naive ditty --a ditty none the less beautiful for being familiar to many— " Why so pale and wan, fond lover ? Prythee, why so pale ? W ill, when looking zrell can't move her, Looking ill prevail? Prythee, why so pale ? Why so dull and mute, young sinner? Prythee, why so mute? Will, when speaking well can't win her, Speaking nothing do't? Prythee, why so mute ?" The imitation from this is most manifest. Mr. J. Jones manages, again, very adroitly to ruin his noble sonnet to December, by the most ill-judged alterations. DOUGLAS JERROLD'S SHILLING MAGA ZINE. Where tarries the cab driver ? We have missed him from the stand for months past, and we almost despair of ever meeting with him again. Can it be that Juniper Hedgehog hath resigned the whip for the razor, and turned from cab-driver to barber, giving oral instead of epistolatory information to his fellow creatures ? But although Juniper Hedgehog no longer enlightens us, we have still the history of St. Giles and St. James. The 34th chapter of which commences the present number. Capstick, who through the remonstrances of Bright Jem, begins to have an inkling that Snipeton bas made a tool of him in the affair of the representation of Liquorish, goes up to the cottage at Hampstead to satisfy his doubts; he arrives there just as St. Giles has returned with the account of the abduction of Clarissa by Willis and Tom Blast, and is present when on first learning the in telligence, Snipeton grinds his teeth, howls his curses, and, in very impotence, works his hands like a demon balked of his revenge " And now is Snipeton widowed. Yes : with a living wife, damned to worst widowhood. It would have worn and tortured the spirit within him sometimes to wander from the desk to the churchyard, and there look down upon Clarissa's grave. To have read, and read with dreamy, vacant eyes, the few tombstone syllables that sum up—solemnly brief—the hopes, and fears, and wrong!, and wretchedness ; the pleasant thoughts and aching weariness that breath begins and ends. Cla rissa, wife of Ebenezer Snipeton, died —.' Words to dim a husband's eyes ; to carry heaviness to the heart ; to numb the soul ; and for a time to make the lone man, with his foot at the treasure-holding grave, feel the whole world drifted from him, and he left landed on the little spot he looks on. And then breaks small, mourn ful music from those words : pleasant, hopeful sounds, that will mingle her name with his ; that will make him own the dear, the still incorporate dead. The flesh of his flesh, the bone of his bone, is lapsed into the dis , grace of death: it is becoming the nourishment of grass; and still his heart yearns to the changing form: still it is a part of him; and his tend:r thoughts may, with the col 'fined dead, love to renew the bridal vow the dead ab solves him of. And Snipeton, his wife in her winding sheet, might so have solemnised a second wedlock. For surely there are such nuptials. Yes; second marriages of the grave between the quick and the dead, with God and his angels the sole witnesses. " And Snipeton was denied such consolation. His widowhood permitted no such second troth. Living to the world, his wife was dead to him; yet though dead, not severed. There was the horror: there, the foul con dition of disgraced wedlock : the flesh was still of his flesh, cancerous, ulcerous ; with a life in it to torture him. By day, that flesh of his flesh would wear him ; by night, with time and darkness lying like a weight upon him, would be to him as a fiend that would cling to him; that would touch his lips; that would murmur in his ear. And let him writhe, and struggle, and with a strong man's strong will determine to put away that close tormentor, it would not be. The flesh was still of his flesh, alike incorporate in guilt and truth." " St. Giles and St. James" is followed by a graphic description of the Night Fair in Alexandria, evi dently from the pen of one who has been long resi dent in Egypt. "Fables for Foolish Fellows," and " Pearls for Popish Places," are continued. Angus Reach contributes a paper on " Our Statues and their Wardrobes," which commences thus : " There is one dress for the people of the nineteenth century, and another dress for the statues of the people of the nineteenth century. Flesh and blood wear Eng. lish costumes—stone and bronze, Roman. Coats and trowsers are quite good enough for actual breathing humanity—togas and buskins must be employed to set off its more valuable and honoured effigies. A man is not felt to be degraded by a waistcoat and a standing shirt collar—a statue is. The statue being the more exalted thing of the two, claims the greatest cares of the costumier. Anything is good enough for an existing original—hardly anything h good enough for a metallic portraiture. The tailor is thought to be sufficient to clothe the man—the artist must drape the statue. Happy statues—miserable men! Who would not be bronze rather than human—sculptured by man rather than formed by Nature?" He suggests, and very properly suggests, that we should dress the statues of Englishmen as English men. Of course there will be a great outcry among the "high art" people against this sacrilege, but we value truth above high art, and if high artists cannot sculpture statues in modern costume, doubtless low artists will be found who can and will do so, and who will do it tastefully, picturesquely, artistically, and drive from the field the herd of mere imitators, who, to hide their want of original genius, cant of "classical taste," and drivel oceans of nonsense about " high art." We have also in this number some passable poetry, and some good reviews of new books. CHRISTOPHER 74 DPOLE. By Albert Smith. Part. IV. The tenth chapter opens witha description of the approach of Hickory and Christopher to Liverpool : " The calm and soothing twilight of spring eventide was gliding slowly onward upon the earth as Hickory led the donkey, upon which Christopher was seated, intended to a rude bridl e - wa y t owar d s t h e l as t h a lt h e to make on their journey. " They vs ere travelling along a bold headland, on the ridge of which their path lay. Hitherto they had gone for some little distance over broken ground, encumbered with huge blocks of stone, and dug into deep quar ries and pits that it required some little caution to avoid in the failing light; but now they had arrived at a beaten track, and all was smooth before them. It was not yet so dark that Christopher could not observe the extensive panorama around him, although the horizon was already veiled in shade. But his attention was principally at tracted by a swarm of lights that he was looking down upon on his right, the like of which he had never be fore witnessed. " They rose, bright and twinkling, even in the last gleam of day, one above the other, until the most dis tant and the faintest appeared to mingle with the peeping stars that one by one were coming out in the blue air. Their reflection gleamed and quivered in a great water that flowed between them and the headland ; and they spangled the banks in long array, until they got so hazy at the far-off points, that they only caught the eye at intervals. But they were not all stationary. Upon the shore, and on the water, they moved along, crossing and re-crossing one another, and mixing with the gene ral mass, until all appeared to be endowed with bewil dering motion. " ' That's a larger mine than we've got,' said Chisto topher„as he looked in wonderment at the illumination, his only idea of a number of lights being connected with the working of the miners. " ' It isn't a mine,' replied Hickory, 'as you shall see to-morrow. That's a great town, and those are the lamps. It's Liverpool.' " They put up for the night at the " Ring o' B e ll s, " at Bidston, where Christopher is unfortunately recog nised by a " miner," who gives information of his whereabout to Rockey. The next morning Hickory and Christopher go to the docks to meet Luddy, who has come to Liverpool by water. Poor Christopher gets confused and bewildered in th e d o c ks,and no wonder, for— " One had only to look upon the goods debarked under the sheds to see what wonderful journeys the ships had made. Strange logs of wood--of grain and colour un known at home--were pitched down in heaps. Odd out landish packages, too, were there, marked with mystic hieroglyphics, as if the artist bad learned his alphabet from the bottles in chemists' windows, or the curious diagram—which some people pretend to understand—in Moore's Almanac. Further on were drums of figs, enough to have supplied all England with dessert for a year, including Lord Mayor's Day, at which festival such unwonted numbers of dishes always figure in the long lists of eatables that everybody knows, bat nobody reads—tight little band boxes of seed and-sugar bags, seen singly at reputable grocers, but here stocked iu piles that an ordinary sizTd man might not look over. Bales of matting like enormous first-born-baby pin cushions ; or rather, as such would appear in the Poly technic microscope, when the ingenious gentleman who lives all amongst the oxy-hydrogen gas and dissolving views in his vivid sentry-box, shows you the triumph of nature over art as exhibited in the leaf and bit of cam• brie. Strange casks which might contain fish, or treacle, or pickles, or anything else a vivid imagination chose to fancy in them. Hides of supposed wild beasts, looking like diseased door-mats : skins of animals as unknown as the wondrous Liver—the bird from which the town takes its name, and who has never been seen except on the corporation seal, but is supposed, in the dark ages, to have paired off with the Dodo upon some in teresting division of the globe generally. Everything lying about was odd, and new, and foreign. Even the carts that carried these things away were like none others in England : for they were very long —they would have done for large gangways at steam-boat piers—and had only two wheels, so that everything had - -- —,---s-.---r?-1, to be balanced in them : and if this were not done, they threatened either to lift the horse up into the hair, like a harnessed Pegasus, or press him to the ground beyond all chance of progression, except he had been trained at Astley's to approach a conquering King upon his knees. "Few shops diversified the lines of warehouses that rose along the road bordering the docks ; and when they did, they were for the sale of articles of stern nautical use—ropes and sail-cloth, ard tough biscuits : outlandish habits of oil-skin, optical instruments, and spirits. At the dock-gates were stalls of humbler merchandise— cheap braces and small mirrors—superannuated apples and results of unpromising confectionary. in this new world, Christopher had not eyesight enough to gaze in wonder on the novelties that burst upon him at every step. But for Hickory's guidance, he would long ago have tumbled amidst some of the piles of strange mer chandise that rose everywhere right in the way of the passenger." He is soon, however, awakened from his dream of wonder, for, from behind a bale of merchandise, Rockey em erges, an d se i z i ng C hr i stop h er b ears him off, in spite of the remonstrances of Hickory, to one of those subterranean dens of in;quity which are to be found i n suc h a b undance in Liverpool. Their ad ventures there f urn i s h t h e subject of another chapter, which concludes the present number, but between the two is interpolated a third, which is devoted to a de scription of the sayings and doings of Sprouts and Bessy Payne, during the day's excursion to Ha:npton Court. The description in this chapter of the jolly man and of the cross old lady, and indeed of the whole of the van party, is most graphic. TEE COMIC HISTORY OF ENGLAND. Part VI. By Gilbert Abbott A'Beckett. Merrily does Mr. A'Beckett laugh his way through the reign of Edward 111. in this number, and mar vellous is the manner in which, in his merriest moods, he keeps to the truth of history, and dresses Clio— in the costume of Thalia. Take as a specimen his description of the battle of Poictiers : "On the 19th of September, 1356, the battle began with a duet played by two trumpets—one on each side— but this did not last long, for neither party desired to listen to overtures. The French commenced the at. tack, but they came to the point a little too soon, for They actually ran upon the arrows of the English bow ► men. The Constable of France tried to inspire courage into the troops on his side by roaring out Mountjoy ! t St. Denis I' but a stalwart Briton, telling him to hold his noise, felled him to the ground. A strong body of reserve, who carried their reserve to downright timidity, fled without striking a blow. They had scarcely drawn their swords, and received the word of command to " cut away," when they did literally cut away, and having cut refused to come again. John of France flourished his battle-axe with ferocious courage ; but at last he received two tremendous blows in the face which brought him to the ground. His son Philip, a lad of sixteen, fought by his side, encouraging him with cries of 'Give it 'em, father 1' which aroused the almost ex hausted John, and caused him to recover his legs. Every kind of verbal insults was offered to him by the enemy, and particularly by the Gascons, who indulged in a great deal of their usual gasconade. Stand and surrender !' cried a voice, to which John replied, If I could stand I would not surrender, but I suppose I must fall into your hands.' With this he tottered into a circle of English knights, by whom he was newly torn to pieces in the scramble that arose for the royal captive. Some among the crowd of his victors endeavoured to induce his Majesty to place himself under their charge, and one or two began to talk to him in bad French, when Sir Denis, a real Frenchman, who had been dismissed from the service of his own country and entered that of England, addressed the monarch politely in his native tongue. John was in the act of offering up his glove to this gentleman as a token of surrender, when the royal gauntlet was torn to pieces by the surrounding knights, who all wanted to have a finger in it. Every one was eager to claim the French monarch, who seemed on the point of being torn to pieces like a hare by a pack of ill bred hounds. ' I took him,' exclaimed fifty voices at once, when the Earl of Warwick, rushing into the front, thundered forth in a stentorian voice, 'Can't you leave the man alone I' and drawing John's arm within his own, led off the conquered King to the camp of Ed ward. Warwick took little Philip by the hand, and presented father and sen to the Black Prince, who re ceived them with much courtesy. He invited them both to supper, waited on the French King at table, and soothed his grief with probably such kind expressions as 'Poor old chap 1' Never mind, old fellow I' and other words of respectful sympathy." ALMANACS FOR THE MONTH. We are sorry to find from the preface that this is to be the last number of this monthly repertory of fun. The success of the work has been great, but Mr. A'Beckett fairly tells his readers that having " something else to do he cannot cater for their en tertainment in this shape any longer." We hope, however, that his collaboratears will continue the almanack; and, although unable to continue the duties of editorship, he may perchance occasionally contri bute some "quips and cranks" which will "set the table in a roar." THE COMMERCIAL MAGAZINE. The present number fully sustains the high charac ;er which this magazine has already attained as a va uable repertory of commercial statistics, THE PLOUGH. Although this publication commenced with unusual promise, and although a year has now elapsed since its first appearance, that promise has been fulfilled. The work is a creditable organ of English agricul ture. In intelligence, in its editorial management and correspondence, The Plough is worthy of all commendation. GUIDE TO THE TURF, OR POCKET RACING COMPAIVIOIV, By IV. Rug; for 1847. What Mr. Joseph Deacon liume was, and what Mr. J. R. Porter is to the statistics of trade and com merce, that is Air. Ruff to the statistics of racing. The present number of the guide contains the nomi nations for 1847 ; the entries for the great stakes for 1848, alphabetically arranged and indexed ; a record of the races of 1846 ; the laws of racing ; the Derby, Oaks, and Leger lots; with a list of the winners of those races from the commencement. In fact, it is impossible to require any information on the subject of racing, which is not be found in " Ruff's Guide." COURT CIRCULAR. The Queen and Prince Albert, attended by the Royal suite, returned to Osborne House at a quarter before two o'clock on Friday afternoon, from Arundel Castl e . On Saturday her Maj es ty an d her Royal Consort took their usual walks in the pleasure grounds, and the Royal Family took their accustomed airings. - Yesterday morning their Royal Highnesses the Prince of Wales, Prince Alfred, the Princess Royal, and the Princess Alice walked and rode on the sea-beach. Her Majesty and Prince Albert, and the Ladies and Gentlemen of the Court, att-nded Divine service in Whippingham Church yeste,.3av morning. Her Royal Highness o , e Duchess of Cambridge visited Her Royal Highness the Duchess of Gloucester on Saturday at Gloucester Horse. Combined deputations of merchants and others in terested in the reduction of the duty upon tea, from Liverpool, Edinburgh, Gl a ., gow , L ee d s , Blackburn:Man chester, Dublin, and Norwich, hai an interview with Lord John Russell and eie Chancellor of the Exchequer on Saturday at the official residence of the Noble Lord in Do h Downing-street. n t i neg-s townt r of e et. iTerpo hed ol, A ep utesroes. s were WilliamE composed aile, T o f —from T. B. Horsfall, and J. Bromley Moore ; from the town of Leeds, Messrs. H. Stansfield and Scarlet; from the town of Blackburn, Messrs. Montague, Fie!den and Pilki ng t nn, from the city of Edinburgh, - Mr. W. Law; from the city of Glasgow, Messrs. John Scott, Andrew Jamieson, and R. Eglinton; from the Liverpool Association of the reduction of the duty on tea, Mears. Christopher Raw son, William Rathbone, and James Stearns; from the Liverpool East India and China Association, Messrs. William Potter, Henry Winch, and Edward Brodribb; from the Manchester Commercial Association, Messrs. Robert Gardner, Leopold Reiss, and William Steuart; from the Glasgow Merchants House, Chamber of Com merce, East India and China Association, Messrs. John Scott, Andrew Jamieson, and Rolert Eglinton; from the Dublin Chamber of Commerce, Mr. C. Halliday; from the Merchants and Manufacturers of Norwich, Messrs. J. W. Robberds and Willett; from the Liverpool Ship-owners Association, Messrs. John Lockett and Thomas Bold. Sir John Hall transacted business on Saturday at the office of the Board of Trade. Colonel Campbell had an interview with Earl Grey b n Saturday at the Colonial-office. Sir Henry Pottinger left town on Saturday fel South ampton, to embark for the Cape of Good Hope. _ Dr. Bowring, M.P., and a deputation respecting to bacco, had an interview on Saturday with Lord John Russell. Sir George Grey left town on Saturday fOr Sandon Hall, the seas. of the Earl of Harrowby. Lord John Russell left town on Saturday afternoon for Charlwood. The Judicial Committee of the Privy Council sat de Saturday, and resumed the hearing of an appeal from Jamaica, " Gordon v. Elorsfall." Mr. Wigram, Queen's counsel, Mr. Rennals, and Mr. Turner, Queen's counsel, were beard. The case was adjourned. At the Chapel Royal St. 'James's, yesterday, the pray rs wi re re..d by thi , R v. Dr. IL. Dukins, nd the les, , n, by the R.N. Dr. IVe,e,. Thr serm on was prtatqled byr , O l‘: Di. .The ant hen; was "Prepare e thr way tA' ti,e Lord - (Wi6e). G, i•rge Smart presided at the organ. The Duke and Duchess of Sutherland, the Marquises of Anglese), Granby, and Thomond, Lords Sandwich, an d W. Graham, 'were among the nobility present. MR. BRODERIP.—On Saturday, at the Thames Police-court, Mr. Symons, the chief clerk, read a valedic tory letter from Mr. Broderip, on that gentleman's re tirement from a station which he had filled for upwards of 23 years, to take his seat as one of the presiding ma magistrate..., at the 'Westminster Police -court. ST. 'YRS.—Upwards of fifty pieces of mahogany have b, en brought into this port by the pilot boats, atd trom the appearance of the wreck the portions found are supposed to have be.ongod to a French vessel, of about 200 tons.— W est Br i ton. BR'STOL SUGAR MARKET, DEC. 6.—We have still b to are r l e y po s t u t ffi a cie v n e t ry fn d r ull their su gimmediatel.market wants, ; are again easier.—Bristol Mercury. the t a r n a d d e p taketines PAPER LIBEL. This was an action brought by Dr. Holdsworth, re siding at Pl 3 mouth, to recover from the proprietors of the Plymouth Journal damages for an alleged libel, which appeared in that paper on the 12th of February last, arising out of certain proceedings of the Royal Western Yacht Club. S r F. Thesiger, Mr. Sergeant Channel, and Mr. Smith were fur the plaintiff; Mr. Ccckburn, Mr. Green. wood, and Mr. Hogg ins were for the defendants. The defendants pleaded not guilty, and also that the charges put forth in the alleged libel were true. Sir F. TIIEBIGER opened the ease on behalf of the - 43 A Ott_ 23; 0 4 64 28 ? V 4 1