The Sun. — London, England, 1848-11-06 00:00:00

1! SPIRIT of the PUBLIC .JOURNALS. TIME.--The enormous difficulties which have beset our re - ill& system from its birth, and which threaten rather toirdwetse than to give way, have prepared the public for the important preposition about to be sub mined -to the Legislature. The three great companies entrusted with our internal communications westward of the metroodis, after a protracted and ruinous struggle for territffY, and after many fruitless attempts at traces and compromises, are about to try an actual amalgama tior. The three chiefs, it is, said, have decided upon t a king the sense of their several' shareholders on a Bill to *tie effect. What the judgment of shareholders will and ought to b 3 on the pecuniary question there can be little doubt. A monopoly commanding the traffic of at least half this island is a property of indefinite and al most optional value; for it is worth, in fact, as much as the fortunate owners may choose to extract out of it. But to treat this as a private or purely mercantile affair would argue either ignorance or cunning. It is a great poli tical question. It has long been perceived by the more discerning portion of the public, such at least as were not themselves absorbed and blinded by railway specu lation, that it must come to this in the end. There was no eacaping a choice between a competition ruinous to the shareholders, or an amalgamation dangerous to the public. The one is the stormy Scylla, the other the de vouring Charybdis of the question. The nation at large is vastly, we may almost say equally, interested to avoid either extreme; for it suffers not less by the ruin of too adventurous undertakers than by contribut ing to their success at too high a cost. Unfortunately, the Legislature was seduced by the promises of compe tition. Private wealth and enterprise, the opinion of shareholders, the good sense of Englishmen, the cautious habits of trade, and, above all, the old-fashioned system of the country, were the ideas adopted by our rulers, and allowed to prevail against comprehensive and national plans. A new emereency:was met on antiquated prin ciples, and modes of action which it had been found ne cessary to supersede, to simplify, and to generalize in every department of the public service, were gratuitously adopted in an entirely new field of legislation. Rail ways were treated simply as private speculations; and only five years since there was passed an Act which took fur granted that. every railway would remain to the end of time in its original and separate form, such as it was when it received the royal assent. A change has come over the scene. Amalgamation has become a necessity and a law of railway progress. There was no help for it, and it was evidentln useless to contend against a nrahtice so deeply iounded in utility and profit. The great trunk lines soon affiliated and an nexed all their feeders and tributaries,' whether existing or intends d. So rapid has been this process that at the present moment nearly all the traffic of England and Wales, including the metropolis, and the southern, western, eastern, and midland counties, is in the hands of seven or eight hostile companies. No one who reflected on this state of things, and who -saw the gigantic ruin certain to attend such gigantic competition, could doubt the next step. It is now proposed to amal gam its. three of these great companies. When the rest of the heptarchy will follow is only a question of time. Such a consummation was the very farthest from the thoughts of our statesmen and legislators only three years since. They no more dreamt of one monster company than they did of a democratic revolution. They sate -only a crowd of competitors and a Babel Of dis cordant interests and opinions. Could they have fore-I • seen what was so shortly to• take place, it is probable' they would have spared themselves some of the over powering labours of inquiry and selection, and spared the promoters also some of their ruinous expenses. Nor can we doubt that a much simpler, mere effective, and more economical arrangement ,of lines would have been adopted. But the old question now returns to Parlia• men shi a new feral. Simplification of railer:lr manage mentaind unity of direction is no longer a problematical advantage, but an escerta;ned necessity; and Par liamsnt will now have the difficult tads of allowing u colossal mouopo'y, but keeping it within proper bounds. But the triumvirs who hove partitioned so large a por tion ol , ,thia island, and %ala s are now about to ask Go vernmenito consolidate their rule, may spare themselves all further trouble in the affair, unless- they are prepared to saarait to a regular national control. 'Without this eenatiaa Noir demand is extravagant indeed. The carriage of passengers is a traffic not very different from . the carriage of letters. The difference is more in a few practical difficulties than in principle; and these practi cal difficulties have been vastly reduced by the invention of the railroad. A monopoly of letters in the hands of Government, and a monopoly of passengers in the hands of a private company, would inevitably suggest that 'either the one or the other must be wrong. Railways are now the highways of Englerid, and therefore of public right. If we are consigned to one vast manage ment, we must at least be assured that the convenience of all shall ;;bt be sacrificed to the profit of some. The management of the P. st-office itself will suggest a model. ' ICs net revenue to the State might' hive been made three or four times what it is now, brit adiantage has been taken of its wealth to cheapen postage, to multiply communications and deliveries, and in every a iway to consult the general convenience. By the samPßltie the State will be bound to claim a power of dictating now branches, new trains, new accommodatioes, and lower fares. It is not likely that much dictation will • be neceasarry, but the State must reserve to itself the right before it constitutes so vast a monopoly. We have just had some small indication of -what a monster union will be likely to attempt, in the recent alterations of the Great Western Company. Besides withdrawing two tildes, it has suddenly suspended the practice of return tickets, on the faith of which many persons base settled near the stations down the line—some at a considerable di - th:ce. The directors will hardly allow this to be sti-gtdatised- as a breach of faith, but it will operate as such on those who have trusted to the permanency of the company's rules, and to the inherent reasonableness of this particular provision. Certainly- the unfortunate dupes will feel themselves betrayed. They-deem, not without some reason, that they have a vested interest in a practice which induced them to settle where they are, to rent or buy a house, to form corinexions, and to adopt a certain scale of expehiditure. All their calculations are put out by a change which, in some cases, will make a cliff. rence of '2Ol, or 30/. a year—no trifle to a man of limited income. The fact shows most opportunely how completely the whole country would be at the mercy of a private sp-culation, if the State should abdicate its right of interfering for the common weal. FIERALIt—The news which we publish to-day in another column states that the fate of Vienna has been decided. Supposing the Imperial army wholly suc cessful, the difficulties of the Imperial Government are but beginning with this unhappy victory—fir every vic tory intuit be considered unfortunate which a monarch, however just his cause, or however unexceptionable his character or gevernment, gains over the most' intelligent and instructed—and hitherto the most faithful and obe dient portion of his subjects. But though an amiable and well-meaning man, the Government of the Emperor of Austria has never been unexceptionable, and Ferdi nand himself, weak, wavering, almost idiotic, is now, and ever has been, a mere puppet and plaything in the hands of others. As the Emperor's directors and counsellors have always had their own personal objects to serve, and have occasionally neitherbeen distinguished by in telligence, by honesty, by patriotism, nor by any of the finer qualities of the human mind —as, in fact, this Imperial and (loyal personage has been too often the victim- and the dupe of an interested knot of intriguers, it is no marvel to those who had observed his previous career, and the persons by whom he wag surrouaded, that he was first moved from Vienna to Innsr.ruck—then back again to Vienna—that he was then invited to Prague, and that, lastly, he left his ca p- eal a second time to find refuge in the capital of Mo ravia, in the city of Olinilez, eighty miles north-east of Vienna. No doubt the seeds of discontent and revolution were sewn -long before the time of the present Emperor. Both the discontent and the revolution are mainly trace• Ole to the stand-still, impassive system of the late Emperor, and the corrupt and material means by which Metternich carried that system into effect. But allowing that the present Emperor is not personally to blame for the result of a system which existed from the period of his birth, and giving every full effect to these' candid conSideratioes, we cannot, in many instances, regard the conduct or the measures of Ferdinand as wise or discreet, since the flight of his late Arch-Chancellor, Metternich, to Englanrl, in the month of March last. ranb From oo flewthat period, flew scarcely more than six s ago, Ferdinand has confided the intsrcsts hisof empire to six or seven Ministers, and from the weakness and indecision of the men, or from the arts of the Came :11 re aby which lie has been surrounded, each of ' these MiniSters has retired - or been dismissed, after a few weeks' service. T o rath—to Kaiourath, Pill Itletternich succeeded Kolous senberg—to end°rEr—to Pillersdorft; Wessenberg,Wes then Dobbleff—then Kraus ap pesred'o-n the scene ; and cap and w ( a ) ris, Wessenberg, who is 'low with the Enipenor at' hem all must admit to be an experienced z i shl b e politician. Such e b edmitted, denote frequent changes, however, it vacillation and irresolution, and the are system be one we from and consistent system of one of concession or of resistance. Fart say i ng that there have niPstr)ibieeeYn—wgrileealt,tilliseursaeulunliliesegr of etaileefiapdierdt were in no of the people and democratic party Vi e nna. The riots in reference to paper money, at the cud of September, encouraged by Swowara, degree defsnsible; and no misconduct or duplicity o f the Court c rt eiscuse the barbarous murders of Lemberg and Laayar. The setting of raves and nationalities against eaels Other - in such an empire as Austria is, however, a dangerous and a desperate game for a Gairernment to play against discontent, whe ther well or ill-founded—for it is sure to evoke the wildest and most untameable passions that burn in the human breast. The elements thus set loose are now waging a war of ex!ernination against each other, and horror where the conflict is to end, the wisest of men cannot foreshadow or tell with anything even approtch ing even to probability. This alone is certain, that the Emperor has confided his Imperial Crown to the keeping of is .Field Marshals, and no doubt those brave and .Generals will do all that in them lies to re-inl‘rate and re-establish the empire, if it can be eat iblitaed by the power of the sword. Whatever may be tile restiits of the struggle between the Emperor and his subjects, the Consrnander-in-Chief of the Imperial army, Prince Windischgratz, cannot be blamed either by tho Viennese or the public opinion of Europe. There 's not a braver , a more clement, or a more able general l in the Imperial service, or one to whom ;he expression " all Sclavoirian," used in reference to him by a morning paper or S.turdsy, less applies. For nearly five and forty years Wincli sc hgratz, now in his sixty-first year, has been in the Imperial se rvice, and has ever been known as a resolute but humane officer. The large pos aessione which this able commander inherits in Bohe • raise Austria, Hungary, Styria, and Suable, forbid th e notion that he is personally influenced by those jealousies of race which exercise-so much influence ovf r the mind of the Croatian Ban, Jellachich. The noble man who possesses sixteen large estates within the Arch duchy-sal Austria, one of them, so close to Vienna as Schoenbruen, the censmaeder who takes his title of THE SUN, Windiscbgratz from the kingdom of Wurtemberg, can bear no hatred to that Germav race with which he is so intimately connected both on his father's and his mother's side. He himself, as well as his consort, the daughter of Prince Schwartzenberg, whom ho lost by a random shot at Prague a few weeks age, were both born within the walls of the town which he has been so recently invest ing, so that all his habits and previous history would prove that his earliest and his fondest recollections must be intimately intertwined with Vienna. But Windieche gratz is above all and before all a soldier, and though he may entertain widely different notions from some of the courtiers and flatterers who surround the Emperor at 011mutz, yet he feels his first duty as an officer to be obedience, while as a man and as a citizen, also, he must see that any authority, however arbitrary, is preferable to the wild license which is alleged to pre vail. It is plain, however, that it was not without many a pang, that Windischgratz commenced operations against the capital of the monarchy. His attack was deferred, not merely after his forces had been at tacked, but for more than forty-eight hours after the period indicated in his proclamations; and though we cannot think, that all the conditions for which he con tended in these state documents were necessary or equit able, still, the demands, however exigent, were made in terms moderate and dignified. No harsh or injurious language was used, at least in state documents, not withstanding the exacerbation of feeling both on the one side and on the other. As the city would not con sent to deliver up some of the leaders of the insurrection —the arm; of the inhabitants—or pledge itself to abstain from publishing none but public documents in the jour nals—as the Austrian commander refused to enter the city to carry on the disarming by his own agents—the bombardment commenced on the 27th, and the event has been the capitulation of Vienna. The inhabitants and working men of the capital fought with the greatest bravery, and every success of the Imperial troops was gained with the greatest slaughter. But desolation and solitude, whatever Austrian field marshals may think, are not peace, still less prosperity, and when the work of organization and reconstruction devolves on the civil servants of Go vernment, it is then that the Austrian functionaries will poignantly feel how difficult—if not impossible—it will be even to replace things on their former footing. The destruction of the fairest portion of a city by cannonade or by bombardment, or the siege of a capital by invest• ment, must ever leave rankling recollections, even in re ference to an alien enemy, which has conquered by the fairest fortune of war. But how much more embittered —how much more festering must be the recollections — of an internecine civil war, in which subjects of the same empire have been arrayed against each other. li, may be that Vienna contained a" heap of peopl—to use the happy epithet of Bacon—altogether unable or un worthy to govern ; but the shoals of seditious students and workmen within the gates of that city will not be rendered less savage and ferocious, or the better and more obedient subjects, by the destptc don of their homes, the burning of their property — and the death and massacre of their parents, kindred, and friends. No—shadows, clouds, and darkness rest on the future of the Austrian empire, and the success of the Imperial armies before Vienna may be the doom and the destruction of Austria as a German power. The discontented burghers of the capital which was once Vienna can now only be retained in subjection by the sharp power of the sword, and it will not require less than a garrison of 50,000 men to keep in check a people subdued, but not exterminated—exacerbated, but not crushed or extinguished. The . Tyroleans, seeing the manner in which their German brethren have been made to succumb to Selavonian prepOnder ance, are already exhibiting symptoms of discontent. Italy, too, and Hungary are restless and disturbed, and even the Ban Jellachich uppears in the moment of vic tory to be rather the servant of Sclavenism. than of the Kaiser. Under these circumstances, it seez probable that wit , tt was once Austria will soon cease to Lea Gtr ,nen and Italian, and transmute itself into . a pure, un eft•eatcd Sclaronian power. If such a power wt-re cal culated to strengthen Turkey, and oppose, with At Ottoman empire, a barrier t ) Russian encroachm n:— (a Russian army is now ut Bucharest)—we might see " sem() soul of goodness arising out of things" evil. But to hope anything from a kingdom so rent and, torn, or an Emperor so weak as the Emperor of . Aiistria, were to be credulous over much. It is possible that Ferdinand may, in a given time, enter within the walls of his ruined capital, but never again to reign there or elsewhere over the heat is of his German subjects. RIOT IN ST. SID WELL'S CHURCH, EXETER. St. Sidwell's Church, Exeter, was on- Sunday evening last the scene of one of the most disgraceful riots, occasioned primarily by the obstinate' folly and morbid !love of notoriety of a young clergy man' named 'lngle. Our readers doubtless reniem ber. " the surplice controversy,' which -Created such feelings of animosity in Exeter some two years since, and which was happily put an end to by the bishop rescinding (in accordance with the wishes of the Archbishop of Canterbury) his order to the clergyman of his diocese to preach in their surplices. . The parishioners of St. Sidwell's were foremost amongst the anti- surplicites, and knowing this Mr. Ingle, who is, it appears, a mere boy, not having been ordained -more than two years, and who is not the incumbent of St. Sidwell's, deemed it proper to wan tonly shock the prejudices of the congregation of St. Sidwell's by appearing on Sunday evening last in the pulpit of that church in his surplice. We extract from froelmer's Exeter Gazette a description of the row which ensued. Without taking any notice of a visible agitation which was going on in the church below, he used—hot a collect, as is the accustomed preliminary to the sermon, but the " bidding prayer," which is used ,in the morning i service at the cathedral. This novelty was by no means calculated to allay the ferment which was rapidly increasing; anal on his giving out the text, which he did from Judges ix., 7-15, the brewing elements of discord burst forth in a terrific storm. The uproar commenced with a general " coughing down," such as takes place in popular assemblies when an obnoxious speaker rises to deliver sentiments which are hateful to the discordant majority. Several persons then moved towards the door, making a great uproar in their progress. The ',excitement was still further increased by a young woman going off in a fit of hysterics, uttering heartrending shrieks. At this juncture, a mob, who had either collected or been attracted together in the churchyard, be sieged the doors of the building. A cry of " Fire!" was raised, followed by an announcement that the church doors were closed. The effect may be more readily conceived than described. A rush immedi ately took place to burst the gates open. Many females fainted, and others went off into hysterics. The persons' nearest the gates cried out—in allusion to the clergymati—" Turn him out; put out his lights." During this alarming interval the galleries were the scenes of fearful uproar—of whistling, cat calls, and all the disgraceful outcry which is common in the gallery of the theatres—persons in the gallery stairs were even burraing, and inciting the mob to still further outrages. . It was now be — come apparent that there was no hope of the service being allowed to proceed unless the arm of authority was interposed. It appeared weles to expect conciliatory measures on the part of the clergyman, for he was strongly advised by many to take off his surplice, or to dismiss the people, but he treated these suggestions of prudence with neg- lect. He attempted three times to read 'Ads text and commence his sermon, but on every occasion he was obligel to desist, in consequence of the stunning clamour"which was raised, and which his repeated exhortations failed to allay. The Church is repre sented as resembling a Chartist assembly more than' a place of worship. The decent respect to the house of prayer, which at other times induces those who enter to uncover their heads in reverential obedience, seemed now to be forgotten. Men in the lower part of the church put on their hats—others waved them about—others stood up on the seats—jumped over the pews—chattered, bawled, raved, and gesticulated —and the scene could not be equalled in violence in the Guildhall of Exeter on a Parliamentary election. The churchwarden (Mr. Hayman) who had bene sent for I;y a gentleman present, speedily arrived. The minister had, at this time, also beckoned to a perional friend of his among the congrega tion to come up to the pulpit to him. He did so, and was desired by *Mr. Ingle to acquaint the Mayor of Exeter with his situation, and to re quest his immediate interference for the preservation of the peace. Whilst this gentleman was engaged on this errand the churchwarden addressed the people. lle informed them that his authority—(which was magisterial in that building)—would be exerted if the uproar continued, and he entreated them to resume order. At th e same time h e expr esse d hi s h o p e th a t the - eler g y man i n th e pu l p i t — see i ng th e exc i tement which had been occasioned—would at once remove the cause of the ill-feeling manifested towards him. Mr. I ng l e treated this remonstrance also with indif ference, when Mr. e him, and usingW. 13. Hill, a p ar i s hi oner , a d resse d vry :i iis igorous language, insisted, in no measured terms, on rectly. It is needless to co rning out of the pulpit di say that this proceedi ng on ly wors e made " confusion contounded." About thi s time the Mayor arriv e d, and shortly aft erwar d s Mr. Steele, the suparintendent s e r er al of the constabulary force,oefpolice, w i s h who had men hastily summoned from the The Rev. Chancellor llarington a n d th:Vrest heats. . Arch deacon Bartholomew, members of the chapter, too had been sent for, also came. They our v' dt 'h h o e street in the neighb , urhood of the church thronged, the churchyard crowded with people, and the church continuing the scene of uproar. The mayor en forced silence, and after admonishing the people, sent up a request to the clergyman to leave the pulpit for a few moments-and to speak to him in the vestry. It is with extreme regret we state that Mr. Ingle treated the mayor's request with the same disrespect that he had all the other remonstrances addressed to him. He refu-ed to comply, and took advantage of the lull which the mayor and the police had produced Ito begin his sermon, by again giving out his text, at about half-past eight o'clock, being half an hour after ' the time when the service usually concludes. The text was most remarkable. The sermon, which was of an entirely political character, and which treated of the French Revolution, and Chartism, and the Repeal of the Union with Ireland, lasted twenty .. . LONDON, minutes, and concluded about ten minutes to nine, ':hen the congregation were dismissed with the bene diction. But the mob had not dispersed from the streets and the churchyard, and the police were directed by the mayor to disperse them. Mr. Ingle, who disrobed himself of his surplice in the vestry, and came out in his gown, proposed to go into the main street and to proceed home in his academical vestment. The mayor requested him to retire by a private way into Long brook-street, when he would be safe. We regret to have to add that Mr. Ingle refused to take this kind suggestion, and an altercation, attributable to this cause, between himself and the mayor, was threatened, which was one of the most unhappy results of the night's disaster, and must have been most irritating to his worship, who considered himself obstructed by the individual who must be looked upon as the origin of the uproar, and whose person he was then endeavouring to save from violence. Further evils, however, were averted by the friends of Mr. Ingle carrying him off by the way the mayor proposed, and he was not further molested. In passing sentence on one of the rioters on Tues day, the Mayor of Exeter thus commented on the conduct of the " clerical stirrer up of strife," whose " priestly pride" had occasioned the disturbance,: — "Now, it'is intolerable, whatever may be the mo tive, that the peace of a large city like this should be thus idly outraged—and it is still more intoler able that any church of this city should be thus rendered the arena for scenes of this unholy and most distressing nature • and I regret, most deeply regret, that its origin should be found in the conduct and proceedings of one, from whom, considering his pro fessional calling, better things might have been ex pected. The conduct of this gentleman has, upon this occasion, been characterized by a most unbe coming levity, inasmuch as it was entirely gratui tous, and, by an indecent and reckless carelessness of consequences, inasmuch as indications of what has taken place had, on his pursuing a similar course on a former occasion, been evinced. " During the course of the last Sunday evening, I was waited upon with a request—to do what ?—to protect a person who was voluntarily doing that which was creating a disturbance; to do ary such thing I did not conceive it to be my duty. Forsooth—are the magistrates of this city to he called on to re move the houses, e• that an incendiary, with his blazing torch, may rush through the streets ? Are they to e ' protect every tool-hardy seeker of notoriety and causer of brawls? No—their duty is a wider one—to protect the peace of the city generally. In accordance with this feeling, I, therefore, immediately repaired to the scene of riot and disturbance, in order to render such assistance as was in my power, to stay and quell it ; and, I am happy to say, I found no great difficulty in so doing; for, to the credit of the large mass of people whom I found collected, excited as they were, the most implicit obedience to my wishes was immedi ately rendered, save in one instance, and that was in the person of the prime cause of the whole disturb ance. The merits of his previous conduct, I shall not consider it my business further to canvass or refer to, but, as regards his resistance to my frequently, and, it length, somewhat authoritatively, expressed re quest, as regards the route he should pursue on leav ing the church, I have this strong and advised remark to make, that he neither proved himself a gool mor evinced a seemly or proper respect for the office which it is my lot, at this moment, to hold ; and it is rather due to my own forbearance, than to his own ilLcretion, that I did not at that time take him into oustody, and that he is Tilt sanding will you at that htr, a.iswering to t' - :e very serious charge of obstruct i-,g me in my duty, while quelling that riot, of which he himself had been the chief cause and in •tigator. I know not if I should again recognise this gentle man, but the hurried view 1 then had of him led me to conclude him to be very young. 1 trust, therefore the whole of his conduct on that evening is attribu table, as in your case, to youthful indiscretion, rather than to any vicious and determined intention of creating disturbance, animosities, and ill-feeling; I would fain trust that suchis the case. It is, however, a serious matter for him on the one hand, to frighten a whole city from its propriety, and on the other, to in trude himself into a parish to which he is not in any way attached, and there stir up strifes and contentions which, by their recurrence cannot fail to reanimate enmities between the flock and their pastor. _ _ LAW LNTELLIGENCE. COURT OP QUEEN'S BENCH, Nov. 4. (Sittings in Banco.) SMALL AND ANOTHER V. GIBSON. Mr. Sergeant SHEE moved in this case, which is onj of considerable importance,to those engaged in maritime pursuitS, for a rule to show cause why the plainti4 should not be at liberty to enter judgment upon the issues found for them, awarding 551. 11 , . and the coats t , notwithstanding the verdict found for the defendant, upon the second issue; or fur a new trial. The case was tried before Mr. Justice Wightman at the sittings at Guildhall on the sth of July last. The jury found foe the plaintiffs on several issues, and for the defendant upon the one referred to. The action was upon a time policy of insurance upon the ship Susan, dating from the 23d Sept., 1843, to the 25th Sept., 1844, effected in 1843. The declaration alleged that the ship had been rendered valueless during the existence of the policy, and claimed the usual compensation. The defendants put several pleas upon the record. The second (which was found for him) set forth that the ship was not, at the commencement of the risk, nor at the making of the policy of insurance, nor on the 25th of September, sea worthy, or in a fit and proper condition to go to sea. The third urged that the vessel was not during the con tinuance of the risk injured by the perils of the sea; and another plea set up that during the insurance the ship became damaged, and was not fit to remain at sea; that the owners were aware of the fact, and ought to have had the vessel repaired at a small expense; but that they did not do so, and that the ship remained at sea, and was destroyed through the negligence of the owners. The vessel traded between Madras and the Mau ritius, carrying merchandise and Coolies: On one of her voyages she encountered some boisterous weather, and was obliged to put into the nearest port, where she was condemned. The question involved in the case wa►► whether the seaworthiness of a ship at the commence ment of the risk on the 25th of September was an answer to an action to recover an insurance for time. There were no cases upon this point. The Learned Sergeant cited, however, cases which touched upon the matter. lie contended that a time policy only required that a ship should be seaworthy when she commences her voyage, and the ship in question was fit t 3 undertake the voyage. An owner very seldom knew the ,exact place where his ship was at a given time; it was, there fore, impossible he could be aware with any certainty of her condition. The Con itT granted a rule upon the first point—that relating to the judgment. REG. V. GREGORY. "Nor:would I altogether acquit the incumbent of the parish himself from some slight share of blame; :or I deem it to be his duty as a good citizen, after what had occurred, some three or four years ago, to take every precaution that the frightful scenes of those days should not be repeated. It cannot but be re collected that something like a promise of this kind was made, and any speeious excuses or reasonings whereby this promise is avoided, are not compre hended by the multitude, who look solely to the broad and easily appreciable facts. The peace of a large parish, and the good will and respect of its parishioners, are well worthy the consideration of its pastor." The Bishop held a public investigation into the circumstances of the case yesterday, nominally to inquire into the conduct of Mr. Ingle, but really to In this case the Duke of Brunswick had been the pro secutor.of an indictment against a parson of the name of Barnard Gregory, who had been convicted thereon, and sentenced to six months imprisonment in the Q teen's Prison. The attorney had entered the verdict generally upon the : whole indictment, some of the counts of which charged no offence, in consequence of which a writ of error had been brought. M SNOW now moved for a rule to show cause why the j ;dgment roll should not be amended according to the rule of sentence made by the officer of the court, who hid entered the judgment upon each count sepa rately. The 'Learned Counsel contended that the judg ment might be amended after a writ of error had been brought,. and joinder therein, and even after argument, rnent,- as in the present case, if there was anything to amend by. The COURT granted a rule nisi. TniatEN V. DE BURGH. Mr. Sergeant StiEi: showed cause against a rule which had been obtained on the motion of Mr. M. Chambers, Q.O , to enter a nonsuit in this'ease. The action waibrought by a surveyor against the de- Tetidant, Who wawa member of the managing comnittee of the Oxford, Thame, High Wycombe, and Uxbridge li,adway Cempany,. to recover the amount of his charge far Surveying the late of the proposed railway. In the first instance, the plaintiff, on the 23d of October, 1845, nd ad,tressed ti' letter to the committee, in which he ,ire ed to survey' the line at tha rate of 50/. a tulle ; but •on t 1.6 following . dly he Was present at a meeting of the couranitt , c,' wNn r. r. solution was passed, and assented to b) the plaintiff, in which it was res deed that the pro posed terms should be abandoned, and that on the survey bailor completed he (Mr. Trimen) would be perfectly sa tisfied' With leaving his remuneration in the hands of the committee. The committee had subsequently paid him the sum of 800/., which, in their judgment, was a suffi cient remuneration for his services. The defendint had contended that the plaintiff ought to have declared spe cially upon the written agreement, and that if he had done so he would not be entitled to more - than the com mittee might think proper to -e-"rant. Mr. Sergeant SUEE and Mr. FIANCE now showed cause against the rule, and contended that not the amount but the rate of the plaintiff's remuneration was to be deter mined by the committee. Mr. CLIANDERS, Q C., rose to reply, but was stopped by the - ConaT, -- who - Made the rule absolute: Rae absolute. _ • COURT OF BANKRUPTCY, Nov. 4. (Before. Mr. Commissioner. GouLtkurot.) WILLIAM HAMMOND'S BANKRUPTCY. The bankrupt in this case was a seed-crusher, carry • ing on business at Uxbridge, and now appeared before the Court on the question of certificate. The bankrupt was.opposA on the general grounds of misconduct us a trader, including allegations of sales of property, &c.,_ to relatives when he knew he was in an insolvent -condition. Mr. Commissioner- GOULBURN, regarding the casoas a I very batione,. and considering that the bankrupt had acted in a fraudulent and dishonest manner, ordered a suspension of the certificate for two years. Alluding to the late Act of Parliament which empowered the Com missioner to grant a release to those bankrupts who had had their certificates either refused or suspended when they were supposed to have undergone sufficient . punish mtnat, his Honour said, he was of opinion that the most convenient course to pursue would be to mention at the time of giving decision the date at which (presuming the bankrupt to be incarcerated) the Court would grant his release. ,Under these circumstances, he would order that in the case of the proem bankrupt protection be granted after he had undergone six months' imprisonment. afford the Right Rev. Bishop Philipotts an opportu nity of abusing the Mayor and magistrates, of de claiming priestly authority superior to all secular rule, and of launching his , episcopal thunders at the heads of " the Puritans" of St: Sidwill's, and to ad vise priests never to yield to the dictation of a Puritan mob. We quote from the report of these proceedings, given in a second edition of the Western_, Times, the following account of the Puseyite incum bent of St. Sidwill's of the manners and moral state cf his congregation, reminding the reverend gentle man, at the same time, that " as every tree is known by its fruits," we are warranted in concluding that these are some of the fruits of the Puseyite tree : " The Rev. Francis Courtenay spoke under a manifestation of deep solemnity. He felt bound to close the church in the evening, and he desired to give his reasons for so doing. He th-n proceeded to describe a state of dissoluteness and disorder, as the usual state of things at this church, on a Sunday evening, which is hardly credible. In a part which he designated the ante-church—a young man had been known to light his cigar by the gas. Parties talked, and young girls flirted there—young people had been seen making signals to each other across the gallery, and many young females had been ruined by their- attkmdance at these Sunday evening lectures. You might have thought that he was speaking of the vestibule of a brothel, or one of the dancing saloons of the metropolis, from the description which he gave of this sorrowful scene of levity, irreligion, and demorali sation. Under these circumstances he felt bound to close the church. If, however, the Bishop com manded him, then being bound by his vows to render obedience where God had placed authority—he should obey. But God would relieve him from the respon sibility, and in the day of judgment he should not have to answer for it. He dwelt with apprehension on the consequences which impended over his parishioners for their wickedness at this Sunday even ing lecture, and appeared to expect an eFpecial judg- Tamt, as the punishment of this last Sunday even ing riot." 'Ma investigation ended in smoke, having abused the mayor and laity, and eulogised the clergy, the Bishop declared he wanted to go home, and went home accordingly. PULMONARY DISEASES IN CATTLE.—On this sub ject Mr. Pond, author of the, "Farmers' Cash-Book," has just, issued a short pamphlet, which is well worthy the perusal and consideration of farmers, dairy-keepers, and others interested in the rearing of cattle. While pointing out the ravages of pleuro-pneumonia in dairy stock, the writer also lays down valuable and practical remedies and preventives. After stating that he had made an inspection of thirty dairies in Edinburgh (about one-fourth of the whole nuna ber), Mr. Pond presents the folloting statistics to show the alarming fatality of the disease, arid consequent loss entailed on the owners of the cattle: —" The aggregate usual number of stock of these 30 dairy-keepers is 537, and the loss from pulmonary disease, within the last twelve months, had been no less a number than 458, or on an average about 16 deaths in every stock of 18 cows. When I say that the lo,s has been 458, it is not to be understood that that number actually died in the byres, but that that fearful number either died there, or were removed from the stock and immediately slwightered, before the disease was communicated to the system. In either case, however, the dairy-keeper has been a severe lo,er—in fact, every cow attacked has been almost a 'dead loss' to him." In speaking of bad ventilation, the evil effects of which he forcibly points out, as well as the healthful influence of fresh air, the author re marks—" In many instances, I observed that the mode of ventilation adopted (if it deserved the appellation) tended more to do mischief than to counteract evil. A certain degree of heat is no doubt very essential to the comfort and thriving of cows, and that fact being ad mitted, shows that they should not be subjected to currents of cold air; but the warmth produced from an over-crowded byre, or by an atmosphere loaded aith ro.pired air, must be as destrucive to health as it is insidious and sure in its effects. No stronger reasoning can be advanced in support of ventilation than the fact, that when the oxygen of the air is ci , nsurned, itifl un tnable substances do not burn in it, and animals intro jeri:‘,LayanTeihs.E:mirst: duced into air deprived of its ox3gen immediately die." Caledonian Mercury. &c. The I r : OO C d, ONSUMPTION, of G. Amott Esq., Principal Surveyor clot Customs, published in the Muss 11,ite, Mr. Clin r i ey. Captain Lindsey, R.N., Bcc., are Sir 11. N. W—s, B trt., the severest forms of disease Clinical Report of Cases by Dr. Cronin, 071 the Use of " Ana may be had d sease of the stomach, heart, snd in the treatment of some of lungs, and gratuitou s ly b etween ten an d a c o o n n el3 : i ß n dl u as e iTl s yO t ;L o atB b e ul 4G v e A r R y b- M , Leic est er - place, Leic es t er - square . y supplied with samples, and the sales of the week are coltrequentligmly to a limited extent,- at about former prices ; the refined market is steady. Rum and Molasses continue very dull.—Bristol Mercury. MONDAY EVENING, NOVEMBER 6, 1848. LONDON SESSIONS-SATURDAY. DERBY SWEEPS.-WILLIS, APPELLANT ; SIR P. LAURIE AND ALDERMAN WILSON, RESPONDENTS. This case, which excited a great deal of interest, was an appeal made from the decision of Sir Peter Laurie and Alderman Wilson, who convicted Mr. Willis. the proprietor of the King's Head public-house, in New gate-street, for that he, being duly licensed under the 9th of George IV., did, on the 22d of May, knowingly and unlawfully, and against the terms of the said li cense, and against the force and effect of the Act :of Parliament, suffer certain gaming in bis house, and suffer and permit a certain game, or lottery called a Derby Sweep, to be played and drawn as by lot, By directioa of the magistrates who convicted the appellant, the City Solicitor conducted the proceedings for the re. spondents. At the commencement of the proceedings the Recorder sat alone for some time, both parties hav ing consented to abide by his decision. Subsequently Alderman William Hunter entered the court. Me.tsrs. Wire and Child were the solicitors for the appellant ; Mr. R) land and Mr. Laurie were counsel for the respondents; and Mr. Clarkson was counsel for the appellants. Mr. ItYLAND said the license had been granted to the appellant under certain conditions, ona of which was that he should not allow any unlawful games, or any gaming whatsoever in his house. The question was one of considerable importance to the publican, but, in his opinion, of much more importance to the public in gene ral, inasmuch as it was calculated to affect the morals of the community to a most mischievous extent, if the de cision of the magistrates were declared null and void. It was regulated by the appellant that there should be 2,000 tickets, at ss. each; that the person who should draw the horse that should be first in the Derby race would be entitled to 3001.; the person who should draw the horse that should be second in the race should be entitled to 801.; the third horse in the race would entitle the holder of the ticket having his name to 40L; and there was a deduction of 5 per cent. from each of the prizes to be paid to the landlord, who, as a matter of course, doubled that profit by the contingent trade arising from such a multitude of speculations on the game. His Lordship would not forget that at the past Central Criminal Court Sessions a young person was convicted of felony, who afterwards acknowledged that he had been led to commit the offence in consequence of the temptation which these sweeps held out of realising a large amount of money. The practice of permitting sweeps had also the effect of inducing persons to frequent public-houses, so that the _ immoral tendency of the unlawful game was unquestion able, and it was the duty of the magistracy to crush it altog'ther by inflicting such penalties in all cases as would far exceed the amount of pecuniary recompense derivable from the infringement of the obligation ex pressed in the license; and, if it were necessary, by re fusing to license, in any future case of the violation of the law. It could not, he thought, be denied that the Derby sweep was a lottery. Mr. CLARKSON said. it was not his intention to make any objection calculated to prevent a speedy decision on the question, which was, as had been observed, a very important one. His client had no idea of requiring proofs of any of the facts of the case. He admitted that the Derby sweep held at his house was a lottery. The great point was whether the sweep was held in violation of the license. Mr. RYLAND referred to the schedule of the Act 9th of George IV., cap. 61, which set forth the terms of the li cense under which the appellant kept his house. He considered the case of the Art-Union in point. There was a lottery which had about it none of the mischiefs with which sweeps abounded; on the contrary, it was calculated to promote intellectual attainments and im prove the taste of society. The violation of the law, however, was held to be of so much consequence, that an immediate stop was put to ;hat innocent lottery, and it became necessary to pass an Act of indemnity for the protection of those who unconsciously subjected them selve3 to penalties by the infringement of the law. Mr. Ryland then referred to. the 10th and 11th of William IV., cap. 17, which related to ". mischievous and unlaw ful games called lotteries," and also to the preamble of the . 42d Of George 111., cap, 119, which also related to _ . certain mischievous g,aties or, lotteries; and likewise to the 6:h and 7th of Wiiliain IV., which referred to the illegtlity of lotteries and tickets, and chances or throws therein. He could not- -11)r a. moment see how there _ . could be any doubt at all about the validity of the con viction, and he expressed . , a most confident expectation that it would be sanctioned by, the Bench. The RECORDER—The question is, whether the Derby sweep was a lottery and a gaining within the meaning of the words expressed in the license. Mr. RYLAND that was the question. He did not see how the license could have been more essentially violated than had been proved in the case of the appellant. The tendency of those sweepstakes in a moral and pecuniary point of view was most pernicious. It encouraged a most dangerous spirit of gambling, and was calculated to lead to lois in most, cases, and to ruin in many; but the publican was sure-tole served, not only by obtaining a considerable per centage out of the sum subscribed, but by an increase of trade, by means of the calamitous temptation, • Mr. LAURIE proceeded to argue upon the same side. He contended that ,the case of Allport v. Nutt, decided in 1845 before Lord Chief Justice Tindal, was exactly in point, the only difference being that the present case was much stronger. Effect must be given to the words of general prohibition con tained in the 10th and 11th William IV., cap. 17, whch recited that " Several ill-diiposed persons, for divers years last past, had set up many mischievous and un lawful games called lotteries, and had thereby most un justly and fraudulently got to themselves great sums of money from the children and servants of several gentle men, traders, and merchants, and from other unwary persons, to the utter ruin and impoverishment of many families, and to the reproach of the English laws and Government by colour of several patents or grants under the great seal of England for the said lotteries, or sotue of them, which said grants or patents were against the common good, trade, welfare, and peace of his Majesty's kingdom; and for remedy thereof it is enacted, ad judged, and declared that all such lotteries are common and public nuisances, and. that all grants, patents, and licenses for such lotteries, or, any other lotteries, are void and against law." The words he had quoted we re decisive of the illegality of the Derby sweep, which w as to all intents and purposes a lottery, and could not for a moment be sanctioned after the decision upon the es.se to which he had referred. Amongst the publicans wh o were obedient to the laws the feeling was strong against these sweeps. The RECORDER—It appears that the only thing cer tain in Derby sweeps is, that each person must pay five shillings. Mr. LAURIE—There were more than 1,800 blanks cut of the 2,000 tickets; in fact, there was no one argument of law or morality that did not completely discountenance the practice which the decision of the magistrates had condemned, and to the affirmation of which by the Bench he looked with perfect confidence. Mr. CLAtotsore, for the appellant, argued that Lis client had not committed any offence, against the terms of his license; the gaming referred to in that instance not having any reference to Derby sweep s, which, ho w •ever unlawful they might be considered by some to :be, were not comprehended in the matters which the licens ad victualler had in his license pledged himself to repudiate. Ile considered that Derby sweeps were illegal within the meaning of the Act against lotteries or little goes, but he could not see that the conviction in the presc nt instance was sustainable, as it did not at all appear to him that a racing sweep came within the terms of the license. a ir t . C th l e ari c c o s n on vic h t a io d n m w a - d a e s arguments of the counsel t t i (; :t i f t l . h ia e b u l ß e o g t c d o ° i d t li h n n e g o o t ß b s j e e c e c o t n i i l o s o n i w d w e t r h h e i i d e e ha that for the respondents could be evaded in deciding up on such a case. Mr.CLarticsom wished that the Recorder would give the appellant an opportunity of applying to the Courts abe ve in a case of such great importance. Oue of the highest authorities in Westminster, Hall had given it as ?his opinion that the case did not come within the meaning of the words of the Act. The RECORDER said he was desirous to give the up pliant the opportunity, but unfortunately he could hot do so without quashing the.conviction; a thing which he could not conscientiously do. Mr. CLARKSON then made an objection to this form of the conviction, but it was not considered tenable. The RECORDER then affirmed the conviction, but said that the decision would not at all affect the appellant as to his license. Ills Lordship considered that the (de fendant had acted fairly in appealing in a matter of so much importance to the trade; it would, however, be dangerous for licensed victuallers to have any more Lot teries of the kind in their houses, as the magistrates would unquestionably stop the license of any violator of the law. Mr. CLARKSON informed the Court that his client b ad determined, whatever should be the result of this appeal, never to have anything of the kind again in his house.. Mr. RYLAND and Mr. LAURIE spoke in terms of :ap probation of the conduct of the appellant. The penalty of 5/. was then paid, and handed over to tho poor-box. POLICE INTELLIG ENCE. MARLBOROUGH-STREET. Jonas Harris, formerly in the Guar.'s, and in Om A division of police, from both of which forces he was dis missed for bad conduct, was brought before Mr. Bh ig ham, charged with having committed a robbery, attene led with violence, on Miss Catherine Bisset. a maiden kidy, residing at No. 11, Gloucester-terrace, Kensington. Miss Catherine Bisset stated that on Friday after noon, about two o'clock, she was walking alone in Ken sington-gardens, and on passing one of the alcoves :her attention was attracted to a woman who appeared to be dodging her steps. Not liking the appearanc. of :the woman she increased her speed, with the intention of seeking temporary protection in one of the keeps r's lodges. She had not proceeded further than the Maunt alcove when a man rushed out upon her, and, without saying a word, fulled he - r to the ground by a blow wath his fist between her shoulders. The robber then seized her reticule, and tried to force it from lit r. Having 8, large sum of money in it, she struggled with the pow ) . ner, and for some time prevented him from taking it. She screamed loudly for assistance, in the hope of trading the attention of the park-keepers, still retaining hold of the reticule. The strings of the reticule at length gave way, and the man ran off with the reticule, dropping a cheque for 101. in his hurry to escape. The reticule contained a cheque for 501. and a small sum in silver. As soon as she recovered she made the best of her way to the keeper's lodge, and gave an account of the robbery and also a description of the prisoner, Kite haying had a full view of him while erlaged in the struggle to save her reticule. Witness afterwards wont to the bankers', Messrs. Herries and Co., and stopped the cheque. The prisoner at the bar was the man w ho knocked her down and robbed her of her reticule. Moses Benjamin, shoprnan to Mr. Myers, clothier, Marylebone-lane, said, on Friday afternoon, about four four o'clock, the prisoner came into the shop, and said he wanted a suit of clothes about the value of 6/. The prisoner fixed upon a suit of clothes, in payment of which he offered a cheque for 50L on Messrs. Herries and Co. Witness asked him where he got the cheque from, and the prisoner replied he had just received it from his old mistress, in payment of his wages. Witness took the cheque to Mr. Myers, who directed him to detain the prisoner until he had been to the bankers to ascertain if it was genuine. Witness did as he was directed, and in a short time Mr. Myers came back with a police-con stable, who took the prisoner into custody. Police-constable Hadley, 199 D, said he was on duty at the station in Marylebone-lane on Friday afternoon, when Mr. Myers called upon him and produced a 501. cheque, stating that he had received it from a person then in his shop, and that from what he had just heard at the bankers he believed the cheque had been stolen. Witness accompanied Mr. Myers to his house, and there saw the prisoner, who, when questioned, gave such unsatisfactory answers that witness conceived it to be his duty to take him to the station-house. On searching the prisoner a half-crown was found in his possession, and also a glove. The parkkeeper found the fellow glove near where the struggle had taken place. Miss Bissett idsmtified both gloves. Police-sergeant Whicher proved that the prisoner had been in the police force, and had been discharged for misconduct. The prisoner said he would reserve his defence, and was committed. THAMES. Ellen Lenerett was brought before Mr. Ballantine, charged with stealing seventeen sovereigns from Patrick Sullivan, her father. The prisoner, a dirty, noisy, dissipated woman, has given much trouble to her father, who is an Irish ballast getter, awl by his industry and frugality saved a good deal of money, the greater portion of which he indis creetly carried in his pockets, instead of investing it in a savings-bank. On Friday afternoon, on the termina tion of a very hard day's work, he was annoyed by his (laughter, who demanded some money of him, and vowed she would exterminate him if he did not comply with her demands. The prosecutor said ho would sooner throw his money into the common sewer than give her any, for he knew she would waste it, as she had done before, in the gin shop, or a much worse place, and to avoid her he ran out of his house. She followed him, and, to use his own words " haunted him up and down the streets, and bully-ragged him for several hours." In despair he again went home, followed by his daughter, who used the most horrible language, and declared she would not quit his dwelling till she had some money. He gave her 25., and told her not to let him sec her again, and directly afterwards pulled off an old waistcoat, the pockets of which con tained seventeen sovereigns. She immediately snatched the garment off the dresser, where he had placed it, ab stracted the money, and ran away. In her haste she dropped one of her pattens in the passage and another in the street, and, although she was half drunk at the time, got away with the money. On the following malting the prosecutor and his son, John Sullivan, traced the urisoner to an Irish colony in the neighbourhood of Gray's Inn-lane. She was found in bed " stone-blind drunk," and when she recovered her senses, she told her brother she went home with a strange man in a cab, and he robbed her of all the money she took from her father. Sae afterwards told a police-constable, 88 G, that she had not taken the sovereigns out of her father's pockets, and that he gave her 23., and one of the pieces turned out to be a sovereign. A quantity of pawnbrokers' duplicates were found upon her, but no money. Mr. BALLANTINE said the prisoner was a most aban• dolled and wretched woman, and committed her for trial. George Grove, a young fellow late a footman in the service of Mrs. Kemble, a lady of property residing in Denmark-hill, Camberwell, was finally examined on a charge of stealing and pawning a quantity of massive family plate of the valuo of upwards of 1001., the property of his mistress. Nine different pawnbrokers produced the stolen pro perty, and some of them were severely reproved by the magis!rate for taking in such massive property having a crest from a person they were not in some instances, able to swear to. The prisoner was fully committed for trial. SOU HWARK. Alexander Byers, an engineer, living at D, , clthead, was summoned before Mr. Srcker to show cauie why he refused to maintain his two illegitimate children, which, with their mother, had become chargeable to the parish. The complainant, rather a decent looking Scotch woman, with a baby in her arms, and another about two years old at her feet, stated that about six years ago she was married to a man named Mackintosh, at Glasgow, but unfortunately, after living happily together about a year, he was killed by falling off a scaffold while assisting in building a new church at that place. After the funeral she obtained service in a respectable family, when she received 131. a year as wages. While in that place she became acqu tinted with the prisoner, who worked at a factory in Glasgow. After keeping com pany with her for some time, he contrived to seduce her from the p.iths of virtue, and persuaded her to leave Glasgow and accompany him to Loudon, promising at the same time to cherish her and keep her from want. They lived together four years, the result of which was the birth of the two children now with her. A short time ago he got tired of her, and having married another woman, ho turned her and the children into the streets to shift for themselves. She had since then made re peated applications to him for assistance, but he treated her like a brute, telling her to go to the workhouse. She was at last compelled to go to the latter place, or she would have starved, as she had parted with everything she possessed to purchase food. Tho defendant here made an objection to the summons. She had there stated her name to be Brackenbridge, whereas now she called herself Mackintosh. He could prove that her right name was Ferguson, as she was married to a man of that name lately. The complainant denied ever being married since Macintosh died, or living with any other man but the defendant. The reason she asked for the summons in the name of Brackenbridge was because it was her maiden name, and she thought she had no right to her late husband's. Her name was certainly Macintosh. Mr. SECKER said that the summons was certainly made out wrong; but if the defendant liked, the name could be altered, and the summons decided. The defendant, in a very violent manner, exclaimed that he did not care for the Bench or any person; the summons was wrong, and he did not care a fig for it. His conduct became so violent that the Magistrate or dered him to be locked up, and at 'a late hour another summons was served on him for hearing another day. HAGEN AND DAGEN'S BANKRUPTCY. The i aTikrupts, described as merchants carrying on business at Bermondsey, passed their final examination without opposition. INSOLVENT I)EB7ORS' COURT, Nov. 4. (Before Mr. Commisiioner HARRIS.) IN RE EDWARD JOHN LACK. This insolvent, lately a clerk in the office of the Board of Trade, wa s opposed by Mr. Skinner on behalf of Mr. Whiting, a printer, and also by two creditors named Payne and Avis. The insolvent, whose salary during the latter perioi of his II taming his situation was 250 1. a year, had peti tioned the Bankruptcy Court in 1843, and obtained a finll order of protection against 31,292/, of debts, a con siderable portion of which were :liabilities on account of bis father, a retired comptroller of Custoins with a pun sion of 1,000/. a year. The debts in the present schedule amounted to 8,0201., of which 3,509/. were without con sid ration, and 2,6481. were hia consideration debts.. Mr, Whiting complained that he had been indu.3..tl to advance 2301. to the insolvent upon a written statement of the latter that his father's pension (which was im pounded by the Court of Chancery, and of which there was about 5,000/. in hand) would be paid out in Novem ber; 1847, and that he (Mr. Whiting) should be scoured for his advance - by a first claim on the fund.' Tbe suit. in Chancery, however, still depended, and there were several prior claimants on the fund, whose securities were in existence to the insolvent's knowledge at the time of borrowiug the money from Mr. Whiting. grs. Payne, an oyster room keeper, near Charing- Cross, complained that the insolvent had contracted a debt. with her to the extent of 38/. for refreshments, and had also induced her to become security for him to a loan society for 151., which she would have to pay. She brOught 'an action against the insolvent, who pleaded, and thereby increa sed the costs to 41/. Mr. Avis, a coal merchant, stated that he also brought an:action - to recover a debt of 321., to which insolvent pleaded, and increased the costs to 46/. Mr. Commissioner HARRIS was clearly of opinion that Mr. Whiting's debt had been fraudently contracted, the insolvent at that time being perfectly unable to repay the loan. In the cases of he other creditors, gross cases of vexatious defences had been proved, and the judgment of the Court was that insclreat should be discharged at the snit of Mr. Whiting at the expiration of 12 cat en der months from the date of his vesting order , and from. the suits of Mr. Avis and Mrs. Payne after a p eriod of eight months. These periods alo'cbncurrent, the shorter term merg ing in the MIMILESEX SESSIONS. BROTHEL-KEEPERS.—On Friday Madame do Sonzt, who was Sentenced to six months. imprisonment with hard labour in Coldbath-fields, at the last sessions, fur having kept a brothel in Bury-street, in the parish of St. James, applied to the court for a remission of some part of the sentence, upon the ground that possession of the premises had been given up to the landlord, the rent paid, and that the house had resumed its previous character. The JUDGE went over the circumstances proved upon the trial, and said.the gravamen of the charge was that the prisoner, after a previous conviction, had gone into another street and opened a new brothel there. Nu merous letters had been sent to him, none of which he had read, upon this very case; for if he were to listen to all applications of this nature, after trial and sentence, justice would be completely mocked. His only anewer, then, to the Learned Counsel was, that he had done, and would do in this case, what justice seemed to him to require. ArroTuEn WHOLESALE B R OTHEL•KEEPER.—On Sa turday, George Joseph Murray, alias Bradley, alias Jones, alias Williams, was placed at the bar, indicted with Ann, his wife, and seven other persons who did not appear, for keeping brothels in various parts of London. Mr. BODKIN prosecuted for the Society for the Pro tection of Young Females, and stated that as the female prisoner was enceinte with her ninth child, and appeared to have acted under the coercion of her husband, the so cie:y would not proceed against her. The male defendant then pleaded guilty of keeping a house in Curzon -street, Mayfair; another in Eagle street, Red Lion -square; and a house in Sheppard-street, Rinover-square, as broth' l=. It was stated that he had an interest in the celebrated " Mother H's," in Brydges street, Covent-garden, and upwards of 30 other houses, chiefly at the west end of the town. _ _ . As the prisoner was brought up on a writ of habeas carpus from the City Compter, where he was undergoing a ,genteuee of imprisonment for another offence, the Court po.itpomal judgment thi the term shall have expired, and the prisoner was sent back to the Compter. AN UPSTART.—A negro boy was driving a mule in Jamaica, when the animal suddenly stopped and re fused to budge. " Won't you go, eh?" said the boy. Feel grand, do you? I s'pose you forget your fadder was a jackass?"—American Paper. NAVAL INTELLIGENCE. PORT;3IOUTII, Nov. s.—The Fairy Royal ya c ht, Master Commander Welch, was taken out yesterday under the superintendence of Mr. Murray, Civil En gineer, to try her speed. The Diligence naval transport, and the Aid naval lighter, arrived this morning from the eastern yards, with stores. _ Toe practice of paying off ships at the time that they are in the very highest state of discipline and the most precise war trim we are glad to see giving way to a more sensible and economical encouragement. There is more money wasted in materials destroyed in the pre mature dismantling and paying off her Majesty's ships than in any other department of the navy, or indeed in all the other departments put together. The Superb, 80, Captain Corry, is, according to an official report made to the Admiralty by Sir William Parker, from under whose command she Las but lately been de tached, in such excellent condition in every respect that she is fit for another commission without being previously dismantled. The Rosamond steam-sloop, Commander Foote, just returned from two years' foreign service, is also to be kept in commission. And why not all ships longer than three years, the usual term ? It is a well-admitted tact that, on a ship's return from three years' service, if properly officered, she is in the highest possible con dition for service—every man and everything well ac customed to his and its place. The ship on arrival at the homestead is even painted and decorated as if but just going out. She is inspected, her crew mustered and exer cised, and then—to rack and destruction goes every thing; rigging is hewn down, spars stripped with ruthless carelessness; all in haste, without regard to value of materials, to get the craft quickly stripped and paid off; and if quickly, that is called "smart." The ship undergoes an expensive tearing to pieces to see if she is sound, which entails an expensive process of re-adjustment; and then, after other overhaulings, too various and too numerous to mention, she lies in harbour for a few years, to be again brought to the dockyard, again overhauled and probed, and ultimately again commissioned, to undergo the whole of the above process when sent to sea, and when again paid off. It is to such matters the " Revision Boards" and " Com mittees of Reference" should direct their attention aad inquiries, and not to how many men they can reduce and threw upon the parish. The Juno, 26, Captain Blake, sailed from St. Blas on the 3d of August, with 2,000,000 on board on mer chants' account, which it was believed she would tranship into the Sampson steam-frigate, Captain Henderson, for carriage home. Wind—West by south, fresh breezes and squally weather, with rain and snow at intervals. The Earl of Auckland has returned to the Admiralty, from Bowood and Windsor Castle. Captain - 61;1;s Eden, of the Victory, is not, as stated a brother of Captain Henry Eden, or of Captain Rodney He is younger brother of Sir William Eden, Bart., and is brother-in•law of Rear Admiral Hyde Parker, C.B. Captain St. Vincent King is not a son of Vice-Admiral Sir E. D. King, K.C.H. The only son of the gallant Admiral is an officer in the army. Captain the Hon. H. Drummond, who was once Flag- Lieutenant to Sir B. Capel, is also a candidate for the command of the Victory. As we stated on Saturday, the nomination rests entirely with the Commander-in- Chief, and it is generally believed that Captain F. I'. Blackwood, who commanded the Fly in surveying , Torres Straits, and who was a candidate before Cap tain Eden was appointed, will have the vacancy. Sir B. Capel and the late Admiral Sir Henry Blackwood, Bart., -father of Captain Blackwood, both commanded frigates at Trafalgar, and, it appears, were most inti mate friends. THE CHANNEL SQUADRON.—The 17th is the named for Rear-Admiral Sir Charles Napier proceeding to sea with the Chmuel squadron. It is likely that the Amazon, Daphne, and Orestes, will join the Admiral for a little exercise before they proceed to their respective stations, the Cape, the Pacific, and the Brazils. NAVAL OBITUARY• Captain the Right llon. Lord Digby Willoughby Midleton (1840), was found dead on the Ist of N9vember, at his seat Pepper-harrow, Surrey, as detatkd in ano ther column. His Lordship was born in 1769, became a lieutenant in January, 179.1, served as lieutenant of the Culloden on the Ist of June, was promoted to the rank of commander in 1802, succeeded to his title as seventh Baron, on the demise of his cousin, in June, 1835, and on the establishment of the retired list of captains, under the order in council of August, 1840, on the half-pay o 1911. 12s. 6cl. per annum, his Lordship accepted that rank and was fifth on the list. Commander William Chasman (1821) died last week at his residence, Devonport. He was mate of the Vic tory at the battle of Trafalgar, for which action he was promotion to the rank of lieutenant. In that rank he served in the Kent at the capture of a convoy in the Gull of Genoa, in 1808, and was honourably mentioned in the Gazette. He, however, did not obtain his promotion until 1821, and as a commander went out in the South ampton, 50, fiag•ship of Sir Edward D. King, K.C.H., to the Cape of Good Hope; but return(d to England soon after her arrival there. APPOINTMENTS. Commander Gardner and Lieutenant F. Hawkins were appointed by mistake last week to study steam at Wool• with; it should have been to the Royal Naval College, Portsmouth. Commander G. M. Hunter has likewse been appointed to study at the Royal Naval College. Lieutenants—R. A. Buchanzn, whose appointment to the Coast Guard service we gave la , t week, is to com mand the Buckie station, N. 8.; Martin Bonn( tt, from Cliff Creek to Gravesend station; Robert Hopkins, from Grand Redoubt, to No. 1, Battery, vice Wilkinson, su perseded. Mates--Messrs. Pym, of the excellent, and Jerdan, of the Prince Regent, finished their examination for lieu tenants on board the Victory, on the Ist instant. Second Masters—William Coombe Pypr, to com mand the Winterton Coast Guard station; William Lidstone, to command the Dungeness Coast Guard station, vice Collins, superseded.-; Chaplain—The Rev. Mr. Sehon has recently been appointed chaplain of Melvill Hospital, Chatham. The Encounter, screw steam-sloop, as we before stated, was again tried on Thursday, at the measured mile in Stokes Bay. She had the same weights on board as on her former trial, but her trim was altered, being lightened nine inches by the stern and brought down the same by the head. This brought her fan nearer the surface of the water, and it consequently occasioned a greater ebullition of the water immediately over it. The revolutions of the fan were increased to 79, and a very slight increase of speed took place. On her former trial she made 10.178 knots; on Thursday she made 10.254; her draught of water was forward 11 feet 51 inches; aft, 12 feet 21 inches. With her stuns and provisions and crew on board her draught will be in creasAd about two feet and upwards. PLYMOUTH, Nov. 3.—Her Majesty's ship Caledonia, 120, Captain Thomas %V. Carter, is ordered up harbour to refit. Her powder was taken out yesterday, and she waits only for a steamer, or a fair wind, to enter Hamoaze. Her Majesty's brig Kingfisher was paid advance yes terday._ The Finance Committee attend daily at the yard from 9 o'clock A. m. to 5 or 6 o'clock P.M., when they return to the Black Eagle. On Wednesday they made a cursory examination of the Arsenal, inspecting as they passed the various ships in course of construction. They were accompanied by Admiral Superintendent Sir John Louis, the Master Shipwright, Mr. Edye, and the Master-At tendant, Mr. Henderson. Yesurday the Master Shipwright was in conference with their Lordships. Wind N.N.W., light breeze. Woo',wren, Nov.—The Lightning steam-vessel, Mas ter Commander Petley, arrived yesterday at Woolwich, from Copenhagen. Lieutenant Wright, one sergeant and 27 privates of the Woolwich division of the Royal Marines, joined head-quarters yesterday, from Chatham, where they had been to receive instructions in drill. The Cadet, hired convict-ship, has arrived at moor ings opposite Woolwich dockyard, to take on board female convicts for Hobart-town. A number of women were brought down this morning from Millbank Peni tentiary, in one of the Waterman steamers, and put on boat d the vt. Jainss Chimmo, Esq , paymaster and purser, R.N. (1831), has instituted legal proceedings to recover da mages for the alleged serious loss in fame and fortune he has suffered at the hands of the court, who sentenced him to be dismissed his ship (her Majesty's ship Alarni, 26 guns), at Bermuda, on the 16th of April, 1846. 'The charges declared proved against Mr. Chimmo were the following, having been preferred by his captain (Captain Charles Colville Frankland) : " 1. That he did, falsely and injuriously, by his letter to the Secretary of the Admiralty, dated the 28th of February, 1846, and sent through the post office at Hamilton, in Bermuda (as appears by the in dorsement in his own hand), and subsequently, by a letter to Vice Admiral Sir Francis William Austen, K.C.8., Commander-in-Chief, accuse me of tyranny, in justice, and oppression, the same charge or accusation being made by him, unknown to me, and without any re presentation to me, contrary to article 6, chap. 1, p. 2, of the Admiralty Instructions, and subversive of naval discipline. 2. That he did falsely and injuriously ac cuse me, in the same letter, of having invited his mess mates to accompany me to hear what idle and malicious persons on shore had to say ; the said accusation being also made contrary to article 6, chap. 1, p. 2, of the Admiralty Instructions. 3. That he did falsely and in juriously, by his letter to Vice-Admiral Sir Francis William Austen, K.C.8., Commander-in-Chief, dated At sea, March 1, 1846,' accuse me of communicating to him, through the gun-room officers, that I should decline their usual invitation to dinner unless he left the table, and conveying an impression, in the latter part of the said letter, that I had prejudiced him in the minds of the officers and ship's company, the said accusation being also made without first representing his case to me, contrary , to article 6, chap. 1, p. 2, o f t h e Admiralty Instructions. ' The sentence of the Court was pronounced illegal by the Lords of the Admiralty when they came into the possession of the official details of the trial, and Mr. Chimmo was for some time borne on the books of her Majesty's ship Victory at Portsmouth, after his arrival in England, under an Admiralty order to hold himself in readiness for an appointment to another ship, and Captain Frankland was superseded in the command of the Alarm by the appointment of Captain Granville Gore Loch, C. 8., on the 14th of October, 1846, (who remains in command of her now on the same station); but although Mr. Chimmo's order to hold himself in readiness for another appointment has been in force ever since the date when it was given (now two years and a half since), he has never received such compen satory appointment, and he now seeks to recover his loss by an appeal to the Court of Queen's Bench. Pro ceedings could not well have been instituted earlier, as the commander-in-chief late in the West India com mission, and the other necessary witnesses, have but recently returned toEngland. The members of the Court were Vice-Admiral (now Admiral) Sir Francis William Austen, K.C.B , then Commander-in-Chief of the West India and North American stations, president; Captain George Robert Lambert, then commanding her Majesty's ship Endymion; Captain Michael Seymour, then of the flag-ship Vindictive; Commander Francis Scott, then commanding her Majesty's sloop Hyacinth; Commander. Henry Coryton, then of her Majesty's sloop Persian; and Mr. William 1). Jeans, Admiral's Secretary, who officiated as judge advocate. The writs are served, and the case will shortly come on. - Messrs. Crowder and Cockburn, Q.C., are retained for the plaintiff. The case %sill be a highly interesting and important one to the British navy. DOCKYARD REDUCTIONS.—The Devonport public have set an example to the inhabitants of other ports, in coming forward as the champions of the interests of those classes on whose support the new town of Davin:Tort so much depends for prosperity. As the inclement season (already set in) advances, we may expect much misery will be caused if the contemplated reductions in the Lumbers of labourers employed in the dockyards are carried out. In another dockyard we are informed it is the intention to discharge m en f rom th e var i ous depart ! meats to the number of 2001 DARING ROBBERY.—On Thursday ni ht the dwelling-house of Mr. Nathaniel Neal, farmer, Slueh bury, near Brackley, was entered by six or seven men, dressed as railway labourers, who demanded tho money that was in the house. They took four 51. notes, 18 sovereigns, and abour 41. in silver. There were some old coins and silver spoons, but they intimated that they would not have them, and they were consequently left behind. They obtained an entrance by taking ou t part of a window. The notes were found the next morning near Mr. Butterfield's farm at Hake. BRIDGEWATER HOUSE.—The Earl of Elh.smere has just given instructions to Mr. Barry to de siLn and construct a staircase to the picture gallery at his new mansion, Bridgewater House, especially for the purpose of admitting the public to the Bridgewater c.A.leciton, without any other restriction or condition that& being attired in decent apparel. Bfl 7IS. On the 2d inst., at WalthalnstoW, Essex, Mrs. E. Lloyd, of a daughter. On the 2d inst., at Thames-villa, Hammersmith, the wife of W. F. Ainsworth, Esq., of a son. On the 3 tat ult., at Cuffern, near Haverfordwest, Che wife of John Stokes, Esq., of a son, stillborn. On gip 2d inst., at Hyde-park-street, the lady of It Ii• Gibbs, sq., of a daughter. On the 2d inst., at Stanton, the wife of the Rev. C. G• Cotes, of a son. On the 2d inst., at Blackheath, the wife of Mr. Nit holiest Regent-street, of a daughter. On the 3d inst., at Fleet-street, Mrs. C. H. Law, of twins —a son and daughter. MA RRIED. On the Ist inut., at St. Bride's, Chester, Francis 1 itrongt Esq., late of Worcester College, Oxford, to Anne, daughter of T. Warrington, Esq., of Tranmere-hall, Birmingb a m. On the Ist inst., at Yealmpton, Devonshire, James EMan4 Esq., Captain in the 41st Regiment, to Anna Maria Bowes' second daughter of the late Major-General Bowes. On tke '2d inst., at Sunbury, Middlesex, the R ev. John Fisher llongson, vicar of Horsham, Sussex, to Eli: sa Maris Hayes, daughter of the late Thomas Hayes, Esq., of Darby house, Sunbury. DIED. On the 30th ult., at Plymouth, Brevet Major • Henry Cooper, late of her Majesty's 35th (Royal Sussex) II( ,gintoo' On the 31st ult., at Piccadilly, Eliz.beth, wife of Vhiltiam Gunston, Esq. On the 31st ult., Amelia Whitfield, aged 26, daugitter of Mrs. G. Whitfield, of Guernhev. On the 31st ult., at White-park, Ballyclare, Irel.snd W r ' Smyth, Esq., aged 49. On the Ist inst., H anna h J ust i ne, t h e w if e o f Pet er D. Long, Esq., of Ipswich. On the Ist inst., at Belle Vue, Slough, Bucks, rivPh is ' youngest daught er o f W. Bonsey, Esq. On the Ist inst., at Eydon-hall, Northamptonshire, (. rine, relict of the l a t e A r th ur A nnes l ey , E sq ., o f Bl e tc 6 ig . ton, Oxon, aged 85. On the 2d inst., at Farnham, H. Nichols, Esq., aged r! On the 3d inst., at Brixton, T. Woodfiill, Esq., aged 94 • At Spring-gardens, near Kingston-upon-Hull, rooi as English, Esq., aged 73. - - of London: Printed and Published by MURDO YOITY (I ;,,_ No. 112, Strand, Printer, at The Sun Office, l 'a Strand, in the Precinct of the Savoy. in the ix ,pity Niddlezex, Monday, November 6, 1848. pre lt.A at Ms bot dro Ter pre few hai hoc hat hey Yet pat • :I* a'