The Sun. — London, England, 1841-12-04 00:00:00

MORNING SUN LAW INTELLIGENCE. COURT OF CHANCERY, Dec. 3. • BI,UNDELL V. BLUNDELL. The further arguments in this part-heard appeal occu pied the Lord Chancellor the whole day, and his Lord ship postponed his judgment. ROLLS' COURT, Dec. 3. TANNER V. ELWORTHY. The bill was filed by the plaintiff for the purpti se of obtaining the declaration of the Court that certain lease hold estates were the subject of a settlement made Octo ber 11, 1783, and a cross bill was filed by the plaintiff to obtain a contrary declaration. In the year 1783, the estates in question were possessed by Andrew Elworthy, the grandfather of the defendant, and were estates that had been for a long period granted on lease. It appeared from the statements of the defendant, and from the evi dence, that these leases all contained covenants for re newal, and were from time to time renewed, sometimes by surrender of the original life, and sometimes by granting a reversionary life to the lessee. On the mar riage of Richard Elworthy, the son of the lessee, the property was assigned to trustees to the use of Richard Elworthy for his life, with remainder to his wife for her life, with .remainder over to such children as Richard Elworthy should appoint, and in default of appointment to the children of the marriage in equal shares. In this assignment there was no provision made for the general renewal of the leases, or for obtaining reversionary leases, but there was a provision by which the trustees were enabled to surrender the existing lease and to have a new substituted for that of Andrew Elworthy. Richard Elworthy made his will on the 17th of July, 1801, at which time he had freehold property, was- possessed of such interest as ho was entitled to under the settlement, and had procured to himself a grant of the reversionary interest. He was also in possession of other leasehold property which he held for the term of 200 years. By this will he gave a sum of 1,0001. to trustees for the use of his daughter, and then " all his freehold and lease hold estates" to his son Richard Elworthy, the defen dant, and in the commencement of it he referred to the settlement, and stated that he concurred in it. Testator died in June, 1805, and the defendant attained his ma jority in ISOS, but did not claim, nor had his trustees claimed for him, possession of the leasehold estates, which were held-by the, widow until her death, when a moiety of the estates was claimed by the defendant, who had married the daughter of the testator, and filed a bill on the 27th Feb., 1839, to establish his right. On the 21st June following, the defendant put in his answer, and thereby insisted that the leases in question were not subject to the settlement. Mr. Pemberton, Mr. Girdleston, and Mr. Teed ap peared for the plaintiff; and Mr. Turner and Mr. Clarke for the defendant. The MASTER of the ROLLS said, that by the marriage settlement a partial and temporary interest was given to the testator ; and the first question was, whether, hav ing such interest, he could procure to himself a grant of the reversionary interest for his own benefit. Ac cording to the general rule of the Court, it was admitted he could not, but it was said that rule did not apply in this case, because their was a special contract providing for surrender, during the life of Andrew Elworthy. He was of opinion there was nothing in the settlement that tended to any such construction, but that the interest acquired by Richard Elworthy, the testator, must be considered as acquired by him as a trustee, for the purpose of appointment. The next question was, whether he had not exercised that appointment by his will, and he was of opinion that he bad not. lie was also of opinion that there was no plausible argument in support of a ease of election, and that the conduct of the parties showed that they under stood their interest in the property. He must therefore declare that the plaintiff was entitled to an equal moiety of the property in question. He thought also that the cross bill was totally unnecessary, and that the defendant must therefore pay the costs of both. An account must be taken of the sums received and expended, and the costs of the trustees paid out of the funds. VICE CHANCELLORS' COURT, Dec. 3. (Before the VICE-CHANCELLOR of ENGLAND.) DEFARIS V. MARTANNE. This was an application to dissolve an injunction granted lately by his Honour, for the purpose of restraining the defendant from completing the sale of certain goods made by him to a mer chant trading with New York, of the name of Dawes. It appeared that the defendant had been commissioned by the plaintiff, a merchant in Barcelona, to convey to North America, and to dispose of there, in his favour, various bales of goods. These goods were landed, in the first instance, at Southampton, in October last, and a portion of the property was afterwards sold by the defendant to Mr. Dawes, the contract hav ing been concluded in London, at Friesart's Hotel. The stated price of the goods they purchased was 83,0001., but a reduction was made upon that sum of 35 per cent. The Court had, on a former day granted a special injunc tion ex parte, restrainini the defendant from completing the sale on the ground of fraud, upon the affidavit of a Mr Stephens. His HONOUR, however, was of opinion to-day, on hear ing the case argued for both parties, that the affidavit did not fully state the entire transaction ; and that, whatever suspicion might be at first sight attached to the conduct of Mr. Dawes, there were no sufficient grounds for con cluding that he had acted fraudulently. His Honour, therefore, dissolved the injunction with costs. The Court then proceeded' with unopposed petitions and short causes. _ (Before Vice-Chancellor KNIGHT BrtucE.) None of the parties in the causes set down for hearing to-day being ready on the sitting of the Court, his honour directed the causes to be struck out of the paper, and rose befbre eleven o'clock. (Before Vice-Chancellor WIGRAM.) LITTLE V. GREVILLE. The hearing of this cause was resumed to-day, and ad. journed till to-morrow, to hear the reply of the Counse for the plaintiff. No other case involving any public interest came be fJre the Court. COURT OF Q UEENS BENCH, Dec. 3. JONES V. WALTON. This was an action for a libel, brought by the plaintiff, a banker, carrying on business in the county of Mont gomery, against the defendant, as proprietor of the Shrewsbury Chronicle newspaper, to recover damages for certain retnarks which appeared in that paper, reflecting on the character of the plaintiff. The article complained of was published in the Shrewsbury Chronicle, of the sth February last, on the authority of a correspondence, and its substance would appear to have been the subject of gossip and conversation in the county for some time pre viously. It charged the plaintiff, in substance, with hav ing given a false character for solveacy and integrity to a person named Havels, who had some time previously failed in business, to a wool merchant of London, named Fauntleroy, in consequence of which Havel had obtained credit from Fauntleroy to the amount of 500 L The transaction was characterised in the defendant's newspaper as a fraud and conspiracy, and on its ap pearance, application was made to the defendant by Mr. Jones's solicitor who denied its truth. An explanation took place, and the defendant agreed to publish a re tractation of the offensive article, and the terms were suggested by the plaintiff's solicitor. The retractation was published in the newspaper of the 12th February, the very day when the plaintiff commenced the present action. Mr. Mu . fur the d e f en d an t, su bmitted that it was nothing less than p ersecu ti on to go on with the present action, after the full an d amp l e retractation that had been published at the instance, and on the terms sug gested, by the plaintiff's solicitor. They had also put considerable defendant to consrable ex p ense in changing the venue from one place to another, and he trusted that under these circumstances the J ury wou ld no t inflict any very severe punishment upon hi m . LordI.MAN left it to the J ury to say what dainamos the plaintiff was entitled to under the circumstances stated by the Learned Counesl. The Jury found for the plain tiff—Damarres one farthinff. The Court refused to certify that it wasa case for b a Special Jury. SMITH V GROOM AND OTHERS. This was an action to e r ( L i scover certain prop er ty, .pur suant to the terms o f ade executed by a person named Wyatt, in favour of the plaintily. The c ase occup i e d several hours, but contained no point of any public interest. COURT OF EXCHEQUER, Dec. 3. The Special Jury cause of Perry v. Mitchell, which the celebrated st eel p en-maker seeks damame; n for the infringement of one of his numerous p atents, was set absence of for trial to-day, but in conse q uence of the of his Counsel the plaintiff withdrew his record. LUCKIE V. LORD lIUNTINGTOWER. This was also a Special Jury cause. When the Jury were about to be sworn, the defendant's Counsel applied for its postponement, on the ground of the absence of a material witness, who had faithfully promised to be in attendance at the sitting of the Court. His LX3SIIIP grantd the application, on the pay ment of the costs of the day. - ADAMS V. GARRARD. This was another Special Jury case. The plaintiff was the administrator of the late Mr. Adams, the wharfinger,. of Holland-street, who sought to recover the suni of 8001., a balance of account her late husband had against the defendant, as one of the"partners of the late Limerick Marble Company, for his services as their agent in its sale, for wharfage, &c. The evidence was mere matter of account, and totally uninteresting. For the defence, many of the letters written to the partners in the Company by Mr. Adams, in order to show that he was the person who took the initiatory in forming the Company, and that had it succeeded, and had he lived, he , was to have been a Shareholder, and either Manager or Secretary—in fact, that he was to all intents and pur poses a partner, and some witnesses spoke to admissions mad e by him that he was to be merely a commission ap42iit, and receive a commission, which was undefined, uinn the value he soli. 'The Jury found for the Plaintiff—Damages 3901. 10s. 6d. PHILIS V. SCHOLFILD The Plaintiffs in this P case sought E to . recover 391. 18s. upon a bill olexehange, which was given by the defendant in payment of two pipes of wane. Mr. CROWD I,:a expected that would have been as un defended caus e . As it was defended it was his duty to lay the case before the Jury. The plaintiffs were wine merchants at Bristol ; they had an agent named Smith, who sold the wine to the defendant, through a person named Lawes. The bill was drawn by the plaintiffs, and given to Lawes by Smith to get it accepted. Lawes brought him the acceptanc e and said, " We have altered the date from the 13th to the 23d, because the wine did not arrive so soon as we expected." Smith said it made no difference, and took the bill. Now the defendant de nied his acceptance, because of the alteration made either by himself or his agent. Smith was called, and proved these facts. Mr. HUISIFitEir then called Lawes, who said the wit ness Smith employed him to sell wine for him at 2i per cent. commission. lie sold some to the defendant at Kingston. Ile enclosed the acceptance to him, and received it back dated the 13th. Th e wine had not arrived when he received the bill from the defendant; he therefore kept it in his possession till it did. He altered the date two or three days before he handed it over to Smith. The defendant did not know of the alteration. When he first took the bill from Smith, he asked him whether there would be any objec tion to alter the bill, as the wine had not arrived, and Smith said "No." The Jury considered Lawes as the agent of the de fendant, and found for the plaintiff. COURT OF COMMON PLEAS, Dec. 3. BALMAN V. OILMAN. The plaintiffs are Parliamentary agents, and the defendants solicitors at Norwich. The lat ter, acting on behalf of the Commissioners for Paving and Lighting that city, employed the plain tiffs to conduct a Bill through Parliament for . amending and enlarging the local Act, by which the commission is constituted. The Bill was thrown out in consequence of the standing orders of the House of Lords not having been complied with, and this action was brought to recover the costs of the agents. The defence was, that the Bill was lost through the negligence of the plaintiffs, and that they were therefore entitled to no remuneration. The case occupied the whole day, the time being chiefly taken up in reading documents relating to the forms of Parliament, and the several stages of the Bill in question. The Jury at length found for the plaintiff, 42/. COURT OF BANKRUPTCY, Dec. 3. IN RE SMITH. The bankrupt, who is at present a prisoner in the Queen's Bench, formerly carried on a very extensive business at Deptford, as a hat manufacturer. This day being appointed for his final examination, Mr. Commissioner EVANS, after looking over his accounts, said he could find no cash account amongst them. The bankrupt's solicitor said the bankrupt never kept any cash account. Mr. Commissioner Evaisrs—l shall never allow any bankrupt, who has had extensive mercantile transactions, to pass his examination without first seeing his cash accounts. The Solicitor—l fear he will not be able to furnish them. The assignees have expressed themselves satis fied. Perhaps the Court would pass the other accounts. Mr. Commissioner EVANS—I always make it a rule never to pass any accounts in that manner. He cannot pass his final examination without producing his cash-books. As I understand he is at pre sent a prisoner in the Queen's Bench, the other accounts can be taken there to him, and every facility afforded to him to enable him to lay a fair state ment under this head before the Court and the creditors. Solicitor—Perhaps another day of meeting would be appointed. The Official Assignee—l have no objection, provided the expenses are defrayed by the bankrupt. It was finally arranged that the case should stand over for a short time, to allow time for making out a cash ac count, and in the interim the bankrupt was to be allowed by the assignees 30s. a-week. CENTRAL CRIMINAL COURT. OLD COURT. (Before Mr. Baron PARKE.) his Lordship took his seat on the bench at 10 o'clock. John Henry Larkin, convicted last Session of stealing a post letter containing a sovereign ; and, in a second count, of simple larceny, for stealing a sovereign, was placed a.; the bar. A technical objection had been taken to the indictment that the conviction for stealing a post letter was bad, because the letter had not been regularly posted. Mr. Baron PARKE said the Judges held the objection good as to the conviction for stealing a post letter, but affirmed the conviction for larceny, and the prisoner was sentenced to transportation for seven years. Henry Gilchrist, convicted last Session of stealing a post letter containing four money orders, but to whose conviction several technical objections had been taken, was then placed at the bar. Mr. Baron PARKE informed the prisoner that the Judges had overruled all the objections, and sentenced him to transportation for seven years. In the case of Basta, committed only last evening on a charge of fraudulently obtaining wine warrants and Portuguese Bonds, Mr. BODKIN, on behalf of the prosecutor, applied to have the case postponed until next Session. Mr. Baron PARKE granted the application. TRIAL OF THE PACkARDS. man got intoxicated last night, rand my brother and Mr. Kennett prevailed on him to take a ride, and I thought it best to keep him out. Will you let my boy go down to Mr. Knight's through your house ? Yours, &c., " R. PACKARD." Cross-examined by Mr. CHAMBERS—My master was intoxicated. They led the deceased down the first time. Deceased complained of a cold. Ido not recollect if deceased spoke when the bottle was put to his nose. I have heard my master was a surgeon, but do not know it. The shop is a chemist's shop. My master was very drunk before he went into the street with the cab, when I went into his bed-room the following morning the bed - _ had not been slept in. He was in bed nearly the whole of the following day. The maid servant Jemima was not tipsy. Mr. C. JONES—I drank some of the first rum and water. Deceased had some porter given him by the maid servant twice before my master gave him any thing. Deceased said it was his birthday. Kennett did not live at•my master's ; he visited him occasionally. He came about an hour before I ordered the supper. I know soda when I see it. I did not notice any in the room, when deceased was lying on the sofa. I was not in the room at the time. _ _ _ By Mr. CHARNOCK—I saw the soda bottle on the sur gery table as I came down stairs. Joseph did not live at the house ; he was merely a visitor. Re-examined—Joseph slept at the house. He had been there about a month. He lived at another doctor's. It was about an hour before the supper came that Mr. Kennett arrived. The porter I spoke of having been drank by the deceased was a tumbler at dinner, and another shortly after. He was sober, and I was sober, when I first went into the supper-room. People used to come and consult my master. I do not know what has become of Jemima, the maid servant. By Mr. C. JONES—I saw her about a week ago. John Kemp—l am a driver of a cabriolet. I was called from the stand at half-past two in the morning of 6th Nov., to the house in Drury-lane. I waited an hour at the door. It was a chemist's shop, near the corner of Russell-street. Three gentlemen came out of the house, and said their friend was rather tipsy, and wished me to drive him home._ The prisoners are the three gentlemen. They gave me a glass of brandy and water. I waited an hour. I then saw a person brought down stairs, very tipsy, by two of the gentlemen ; they held him under his arms. He seemed very tipsy. I was in the shop. There was a door behind, divided from the shop by a glass door. I heard one of the gentlemen in the little room say, " Take it, it will do you good." I do not think he said so more than once. He remained there a short time, and they took him up again. They said if they placed him in the wind he would be better. He was brought down twenty minutes after, in a helpless state, and assisted in the cab. All three were there. Two of them went with him. The other was iu the shop and the door open. The two gentlemen got on the box with me and I was directed to drive to the Hummums at Co vent-garden. They got off and told me to take him to 18, Chancery-lane. They gave me half-a-crown. I drove to 18, Chancery-lane, and could not procure ad mission. I staid there ten minutes. I roused the man in the cab. I could make no :sense of him, and drove him to Drury-lane to the house I took him from. I rang the night bell three or four times, but could procure no admission, and I took him to Bow street-office. I found him at the bottom of the cab, and put him on the seat. He groaned then. I went to the station-house. 'rho inspector would not interfere in the case, and I returned to Drury-lane. I could not make any person answer. I drove to Bow-street, took him out, and put him on the step of a door. I cannot say if he was alive then. A policeman came up in about three minutes, and examined him, and said he was dead. A stretcher was brought, and he was taken to the station-house. The policeman and I went to Drury-lane, but could make no one hear. As we were retiring to Bow-street I saw two of the gentlemen (Joseph Packard and Kennett) and pointed them out to the inspector, who took them into custody. Cross-examined by Mr. CHARNOCK—The prisoners appeared kind to the deceased. Re-examined—He was : in a helpless state of in toxication. J. Latter—l am a policeman. I saw the last witness in Bow-street the morning in question. A man was sitting on the step of the door. I examined him in con sequence of what the cabman said. He appeared to be dead. I got a stretcher and carried him to the station house. I went with the cabman to Mr. Packard's, in Dury-lane, but failed in getting admission. We trial twice on our return ; the second time we met two of the pri soners, and I took them into custody. They wanted to know the reason • I told them they would see. The Inspector told them they were detained in consequence of the man's death; they said they knew nothing about it. The cab driver told Kennett he was the man who had helped to put him in the cab. Kennett said he had nothing to do with it, and had not been in Drury-lane. Shortly after Kennett saw the inspector, and said he had been in Drury-lane, and told him Packard's name. Kennett was drunk, but was capable of taking care of himself. Cross-examined by Mr. C. JONES—It was after he had been in custody about an hour that Kennett told the Inspector. He was not very drunk when taken into custody. He could stand and walk. Cross-examined by Mr. CHARNocit—I told Joseph Packard the man was dead, and he said he knew nothing about it. Charles James Sneatch.—l am a surgeon, residing in Bridges-street, Covent-garden. I was called in on the 6th of November to the station-house. I was shown the body of a man. There were no appearances of external violence. There was an appearance of eichymosis round the throat—that denoted pressure before the body was cold. The situation in which he was in in the cab, having fallen down with his head downwards, would have been very likely to produce it. Saliva was flowing from the mouth, slime from the nostrils, and the pupil of the eye was dilated. I instituted a post mortem examination the following day. On removing the calvain the vessels of the dura mater were injected with congealed blood. The blood vessels of the brain were gorged with blood. Two ounces of water were found in the ventricles, and some of the small vessels were ruptured. The lungs were gorged with congested blood. The blood vessels of the ab domen were gorged with blood. The internal ap pearance of the stomach indicated the presence of some little investigation. The contents of the stomach were analyzed, and there was nothing to indicate the presence of any poisonous substance. I should say his position in the cab would be likely to cause suffocation. By Mr. CHAMBERS—The water in the ventricles might have been some time collecting if lie had been the sub ject of previous disease. It is hardly likely it could have collected in five or six hours, but it is possible. I should say, that altogether he was a healthy subject. He was rather short-necked. There was an adherence of the dura mater to the skull bone; that must have been owing to long-continued previous inflammation. Apo plexy may be produced by overloading the stomach with solid food, particularly where stimulating liquors have been taken. In this case it may have been produced by solid food, stimulating liquors, and exercise. Solid food, if taken to excess by a person not accustomed to it, produces very sudden effects. In this case the stomach was not gorged; its contents did not exceed a pint. Mr. CHAMBERS—Are dinner parties, and drinking after them, likely to lead to death ? Witness—Where there is great eating, decidedly yes.—(A laugh.) Mr. CHAMBERS—Are corporation feasts likely to lead to death ? Witness—l have never had the honour of being at one ; but I am sure, generally speaking, more persons are starved to death by over-eating than by under eating.—(A laugh.) Mr. CHAMBERS—Starved by over-eating. Witness— Yes, logically speaking, although it may seem a contra diction.—(Laughter.) By Mr. C. JONES—I am afraid I cannot attribute the death in the present instance to the water in the ven tricles. If I had found the body perfectly healthy, and with no other appearances than the water in the ven tricles, I might have attributed death to that cause. Mr. B. Brooks, surgeon, attended the post mortem examination with last witness, and attributed the death of deceased to his having been given spirituous liquors to excess, and afterwards driven about in a cab. This was the case for the prosecution. Mr. CHAMBERS then addressed the Jury in behalf of John Packard, and, after expressing his satisfaction that the present unprecedented case had come to be tried be fore one of the Judges of the land, proceeded to quote Justice Foster on homicide, and contended that in order to make the case culpable homicide it must appear that what the prisoners were engaged in was malum in se. The allegations of the indictment were, he contended, not proved. It alleged that the prisoners did administer to one Michael Aungier, certain quantities of spirituous liquors, &c., such liquors so taken being then and there likely to procure his death, and which the said prisoners then and there well knew. Therefore, before the Jury could convict, they must be satisfied that the prisoners administered these spirits to the deceased, and that at the time they administered them they well knew that it would cause his death. Now, not only was it not proved that such was the case, but he did not think that any one who had heard the evidence could for a moment believe that the three young men at the bar had any idea that what the officer was taking at the supper-table would cause his death. The indict ment then went on to allege that they had forced the de ceased to go into the cab, and had driven him about, thereby causing his death. They must be satisfied that the administering the spirits and the driving about caused his death. If there was another cause such as the administration of solid food, or another cause effusion of water on the brain, or another cause adhesion of the darn mater to the skull conducing to his death, then they could not find that the death was solely owing to the causes laid in the indictment. In allusion to the answer of the surgeon relating to the danger of dinner parties, he would ask, was a personwho at the festive board induced a friend to take a glass more than would do him good actuated by any evil intention ? Why then should they assume such an intention on the part of these unhappy, young men. lle utterly denied that there was the slightest foundation to suppose that there was any original intention to get the man out of possession by making h im tipsy. Finding the man there, and that he wanted liquor, they all got drunk together, and then it was t hat the fir s t id ea o f t hi s f oo li s h trick entered their minds. There was nothing in the case to impute to either of the o prisonerstineta° d g es et ig: A to o n f ut a l n tim out of possession. Had they w ish entertained e(,.ll a t r t : s it ecr b e: e d n esign they would have introduced some narcotic into his first glass of grog, and have sent him off in a cab, and that would have given them plenty g or illeval t ii h a i v n e g ta w k r e o n n care to to take advantage of the -L ,P ma oh ' i s ems i e n lof tox s i o c b a e t r io , her r o n er intention he y t ome them g d h o t w have oatln dy uee they had any design against n the man they would h ave asked the servant to sit clown intoxication. Had order to n to supper with them. The whole conduct of the parties denoted the most kindly intention towards Aungier—there was no pressure upon him, no attempt to induce him to drink more than would do him good. The wine and the grog were there, and every one took what he liked. The pri soners had not administered the liquor to the deceased—they did not know that it would lead John Richard Packard, Joseph Packard, and Alfred Kennett, were placed at the bar, and indicted for killing and slaying Michael Aungier. The three prisoners were dressed in a fashionable style, and bore the appear ance of men about town. They severally pleaded Not Guilty. Mr. CLARKSON (with whom was Mr. Bodkin) stated the case for the prosecution, and said that if the Jury should be of opinion that the prisoners had been toge ther engaged in any unlawful design, and that in the prosecution of that design they had caused the death of the deceased, it would be their duty to convict the prisoners. He did not suppose that the three young men at the bar, all of whom were re spectably connected, had entertained a design of killing the deceased, but if by this means the deceased came by his death, under the circumstances which he under stood he should lay before them, it would be their duty to convict the prisoner. The prosecution had been instituted by Mr. Hamlin, the Sheriff's Officer, in order to protect persons placed in posses sion of property, as the deceased had been. (The Learned Counsel then detailed the facts of the case as they afterwards appeared in evidence.) If the object of the prisoners, in acting as they had done, was to put the deceased out of possession of the premises, he being at the time in lawful possession of them, that was an un lawful object ; and if, in the prosecution of that object by the prisoners the deceased came by his death, then he did not doubt but that the Learned Judge would tell them it was their duty to find the prisoners guilty. John Huntly—l am one of the officers of the Sheriff of Middlesex. Deceased was in my employment. I had in the month of September last a warrant against the goods of the prisoner, J. B. Packard. He kept a chemist's shop. I executed it on Nov. 5. I put deceased in pos session of the goods. He was sixty , years of age. I went to Packard's the following morning. The house was shut up, and I could not obtain admission. Cross-examined by Mr. C. JONES—Since, I obtained admission afterwards. _ _ By the COURT—At that time it was known the de ceased was dead. Cross-examination continued—Mr. Moulter, law sta tioner, lives at 18, Chancery-lane. That is the same side the way as my office. Cross-examined by Mr. CHARNOCIE—The execution has since been satisfied. Charles Pearson—l was in the service of the prisoner, J. K. Packard, on sth November. He is a surgeon and chemist, and druggist, living in Drury-lane. Some offi cers came to the house that evening about five, one was left in possession. About nine o'clock, my master saw deceased in the kitchen, deceased asked him for a glass of gin. Master said, " Very well, you shall have it." My master gave him a tumbler of rum and water. Deceased was sober at the time he drank the rum and water ; after master retired to the parlt)ur. Master came to the kitchen shortly after, and asked de ceased to step into the parlour. Deceased did so. That was about ten o'clock. I went into the parlour afterwards, and found the deceased and the two Packards, and the maid servant, there. There were spirits and glasses on the table. There was no wine there. They appeared to be drinking. Deceased seemed sober and well. About half an hour afterwards I was called in again, and then there was liquor in the deceased's tumbler. There was some red wine on the table in the tumblers, and rum and water and gin and water in others. My master kept gin in that room in a gallon stone bottle. It had been poured out of that into the tumblers. The same persons were in the room then, and still at the table. Kennett was there also. He arrived about ten o'clock. I was told by my master to go to the Garrick's Head, and take a note. I did so. I was to wait for an answer, but did not get one. A man returned with me, and my master ordered him to bring supper for four at half-past twelve. The rum and wine were kept in stone bottles. On my return I found the party still drinking, and they continued to do so until the supper came at half-past twelve. Two bottles of red wine in decanters came with the supper. I placed them on the table round which the prisoners, the deceased, and the servant were sitting. I waited at supper. I saw red wine given to the deceased. There were no spirits on th e table then. The red wine in the decanters was all drank at supper, and two more arrived, and all was drunk, except a little in the bottom of one decanter. Three pints of porter were sent for—very little of it was left. I tl t es wa o s f port, about one o'clock when I fetched the last two bot tles m cupboa r d . they After the table was cleared my master di rected the maid -servant to bring the stone bottle out was rum in She did so. When I went into were all round the table, and there of f e their tumblers. They continued drinking about half an hour. I then went into the room. Deceased was very tipsy. me lie was unable to help him self. My master to Kennett also desired me to and fetch a cab. Mr. present. I fetched a cab, an dso. Joseph Packard was master and Mr. ill s Y tairs, and brought Kennett lifted deceased down appeared unable to help eu ttl e e o t d o the nose of him into the surgery. himself. Ary master put a smelling the deceased and said " This will do k y made no answer. They then lifted himg up."stileres,easanedd put him on a sofa. He remained on the sofa a quarter of an hour. Whiht there I saw some water in a tumbler. Mr. Kennett p ut some spirits to it in the t umbler, and gave it to the deceased, who was lying on the sofa. Th e two Packards were pre sent. Deceased rem ' tuned about a quarter of an hour longer, when my master and Mr. Kennett carried deceased down stairs, and lifted him into the cab. Joseph Packard accompanied them, m „ master and Kennett went out with the cab. Josep hopt stopped at home. It w as about three in the morning when the cab went away. My master and Kennett returned i n about half an hour. I went to bed about four, and got up between eight and nine. The servant maid came out it from open. She said to me, " Don't yon open the door." I the room where they had supped. The door of was said, " What for?" She said, " Mind your own business." . Master heard what passed. He was lying . on the sofa. Shortly after I heard a loud knocking and ringing at the door, but did not go down. This occurreel more than onco during the day. My master was in bed the greater part of the day. I received a note from my master to take to Mr. Folkes, his landlord, who lives next door. I got out of the bed-room window, jumped on the leads, and got into Mr. Folkes' window. I did this by directions from my master, who was in the room, from the window of which I got out, The note produced I believe to be it. Mr. Folkes was not at home. I left it. (The note was then put in and read, and was as follows : " TO MR. FOLKES. " Dear Sir—How would you advise me to act ? The THE SUN, LONDON, SATURDAY, DECEMTIER 4, 1 dl. to his death. There was nothing more in the case than a kind of supper party, which had ended fatally and miserably. The prisoners had been miserable —they had met their trial this day for the purpose of vindicating themselves, and they trusted that they would be sent forth to ie world re-established in the opinions of their friends and of themselves by the verdict of the Jury. Mr. C. JONES then addressed the Jury on behalf of the prisoner Kennett. He contended that as his client knew nothing of the fact of an execution being in Packard's house until his arrival there at ten o'clock at.night, after Aungier had commenced drinkifig, there could be no pretence for saying that he was engaged in a conspiracy to make the man drunk to get him out of possession. Finding the man in a dangerous state of intoxication, fearing perhaps he might die in the house, they did what any other men would have done ; they put him into a cab, and directed him to be driven home to his master's, in Chancery-lane. Mr. Kennett left the house at that time, • and never returned after. He was drunk when he was taken into custody, and therefore no reliance could be placed upon any denials he might have made while in that state. There was no evidence whatever to show that Kennett was connected with the medical pro fession, as had been stated by the Learned Counsel in his opening speech. If they had wished to get rid of the old man, why did they not take him by the shoulders, and turn him out at eleven o'clock at night. They might easily have done so. They had not done so, and there could be no pretence for say ing that they had any desire to get rid of him. There was no evidence whatever against Mr. Kennett, and therefore he confidently hoped the Jury would acquit him. Mr. CRARNOCK then addressed the Jury for Joseph Packard, and after complimenting the Learned Counsel for the prosecuticin on the temperate manner in which he had opened the case, and on his candour in at once admitting the respectability of the accused, complained of the conduct of the prosecutors in not producing either the maid servant Jemima or Mr. Folkes, instead of relying solely on the evidence of the boy Pearson. There was not a particle of evidence to prove the aver ments in the indictment. There was nothing in the evidence at all affecting Joseph Packard, who appeared throughout to hive been merely a silent spectator of what was going on. Mr. Baron PARKE, in summing up, said that in order to constitute the offence of manslaughter, it Was neces sary to prove that the deceased came to his death by some act of carelessness or of neglect on the part of the prisoners. It was not necessary to prove the whole of the indictment to constitute the offence. If it had been proved that the prisoners . ' knew the spirits they admi nistered would be likely to cause death, that would con stitute a crime amounting almost to murder ; but it was not necessary to prove so much as that. If the prisoners had induced Aungier to take liquor for an unlawful pur pose, or if they had forced him into a cab for an unlawful purpose, that would be sufficient to conatitute the offence. If their object was to get Aungier out of possession, then that was an unlawful act, and they must find the prisoners guilty. If what took place had been merely for the purpose of making themselves merry ; or, if the Jury entertained any doubt on tile subject, then they would acquit the prisoners. The Jury, after an absence of three hours, returned a verdict of Guilty of Manslaughter. The prisoners were then sentenced to one month's imprisonment in Newgate. Michael Briant, aged 13, and Charles Donovan, aged 15, pleaded guilty to the charge of stealing certain quan tities of rope-yarn, the property of John Thompson, jun. It appeared that Donovan had been twice before sum marily convicted. Mr. Baron PARKE sentenced Donovan to six months' imprisonment, and Briant to three months' imprisonment, with hard labour. she denied that she had ever given the prisoner any en couragement to take liberties with her. Mr. White, on the part of the defence, said that he was instructed that this was a conspiracy between the prose cutrix and her husband to extort money from the pri soner ; and, in confirmation of this, called two witnesses, who deposed, in the course of Thursday evening that the husband of the prosecutrix called at the prisoner's house, and offered to compromise the matter, but the prisoner refusing to have any thing to say to him, he went away, threatening that he would have him up before a Magistrate. The husband strongly - denied this. Mr. HAnDwicx said he had made up his mind to send the case to a jury, and he should, therefore, commit the prisoner to take his trial at the present sitting of the Cri minal Court. The prosecutrix and witnesses were then bound over to appear on the trial, and the prisoner was immediately removed to Newgate. BATTON-GARDEN. Mrs. M'Carilly, keeper of a lodging-house, in Carrier street, St. Giles's, was placed at the bar, charged with stealing one sovereign and ten shillings from Michael M'Swiney. The prosecutor informed Mr. Combo that he was a raal ould British subject, who fought hard and tuk his own part in every battle in the Peninsula, and that lie ap peared there to be "compensated" for the robbery of 30s. from .his coat-pocket that morning in Mrs. M'Carthy's dwelling-house while he was asleep there. " I saw this lady," continued Mr. M'Swiney, " come into my room and make for my coat-pocket ; and, after examining it when I got up, I found my money gone." Mr, Comm—How can you say she took it when you were asleep ? Prosecutor---4 pretended it, your wurtchip, and kept my eyes half shut, taking the oppor tunity all the time to observe her movements. She also tuk away two pounds of steak and a quarter of a pound of tea ill the previous evening. Mr. COMBE—How came you there ? Prosecutor — Why, your wurtchip, Mrs. M'Swiney and I were caught in the rain on Tuesday evening, and being far away from our own place resolved to put up at some respectable lodging. - Mr. CoMßE—Were you drunk ? Prosecutor—No, your wurtchip, we were sensibly sober. We paid six pence for the bed, and went to that expense to ensure something beyond the lower order of lodgings ; but we were sadly mistaken in the character of Mrs. M'Carthy. Call my witnesses, your wurtchip, and give an ancient definder of his country fair play. Mrs. O'Brien was ushered in on the part of the prose cution, and began her testimony by giving evidence of her own moral worth and consequence., "'Tis the first time, my Lord," said Mrs. O'Brien, " that I was ever in a jus tice-room or before a Court, or brought to answer for breaking the pace, except this day, an? thanks to you for that, Mrs. M'Carthy. [Here the witness and the de- • fendant exchanged curtsies.] Mr. CoMßE—Well, what do you know about this robbery ? Witness—l know that Mrs. M'Carthy is an infarnal hardened ould thafe, my lord. Prisoner—Me, Mrs. O'Brien ? Witness—You, Mrs. M'Carthy, most certainly. You would stale an eye out of a priest's head. You robbed that gentleman of his money, and that's as true as the word of God—the Lord between us and harm. Mr. COMBE—YOU were all very drunk, I suppose ? Witness—Drunk, my Lord. Mrs. M'Carthy is always drunk, but none of the others was past hearty. Mr. M'Swiney and his lady were looking at some comrades drinking, your Lordship, but nothing beyond strict pro priety went inside their lips. Defendant—Pay me my rent, Mrs. O'Brien. Mr. COMBE—DO you owe her rent ? Witness—l do, my Lord ; and, if she gives me my bundle, I'll give her es venpence valuation out of it. I have no change now, your Lordship.—(Renewed laughter.) As there was no proof of the manner in which the prosecutor lost his money, the defendant was dismissed, the former exclaiming loudly that there was no justice in that decision, and that a man who sarved his Sove reign in many a battle should have fared otherwise. MARY LEB ONE. TORIES FOR EVER.—A young man with a wooden leg, who gave his name Edward Fosbrook, was charged by a police constable of the D division, who stated that on the previous night he found the prisoner in the New-road ; a number of persons had collected around him, and he was shouting out " Tories for ever." Mr. LONG—Is that all he did, merely crying " Tories for ever ?" Witness—lie continued to do so in a very loud tone of voice, your Worship, so as to cause a great annoyance; he was also otherwise very noisy and riotous. Mr. LONG (to defendant)—Why do you call out " To ries for ever" in so loud a key as to cause a crowd to as semble ? Defendant—l'm very sorry, your Worship, if I've committed my self, but I'd no intention of offending or disturbing any one. The constable further stated that the prisoner was drunk. The accused was discharged, with an intimation that his predilection for any particular political party should be made known in a much less boisterous manner in future. QUEEN-SQUARE. Mr. James White, the proprietor of the Turk's head, Motcomb-street, Belgrave-square, appeared on a sum mons charging him with having obstructed and assaulted EdwardPowel, an attendant on the Annoyance Jury. Mr. Smedley, the High-bailiff, briefly explained the nature of the charge against the defendant, and cited the section of the Act of Parliament, which gave the An noyance Jury the power to enter, at all reasonable hours in the day time, into the houses of all persons using weights and measures in the retail of their goods. Edward Powel stated that he had for the last twenty seven years been employed as an inspector of weights and measures, and attended on all occasions as conductor of the Leet and Annoyance Jury. On Wednesday week last he accompanied them to the house of defendant, where four measures were found deficient by the stand ard. He was proceeding to break them up in the street before the door, when defendant laid hold of him by the collar, and in other respects obstructed him. A number of the Jury gave similar evidence. Mr. buncombe, the solicitor, cross-examined these witnesses at considerable length. They admitted that a cross staff had.been held by Powel in defendant's face, and that the landlord had expostulated with them en the impropriety of breaking up the measures outside the house, observing at the same time that he had no ob jection to their being destroyed within. After some further inquiry, the defendant was fined 20s. and costs. THE EXCHEQUER-BILL CASE. It is generally understood that the trial of Edward Beaumont Smith, for forging and uttering certain papers purporting to be Exchequer bills, will take place this morning, on the opening of the Court. NEW COURT. The Court was occupied the principal part of the morn ing in trying trifling cases of uttering base coin, none or which possessed any features of general interest. Matilda Bruce, twenty-one, was indicted for embez zling and stealing the sums of 41. 10s., 31.65.; and li. 10s., the property of John Aveny, her master. The prisoner, in the early part of the morning, pleaded not guilty to the indictment, but on being placed at the bar to take her trial, she requested leave to retract her plea for that of guilty. Mr. CLARKSON, who appeared for the prosecution, said that he had been instructed to state that the prose cutor entertained no ill feeling towards the prisoner. From what he had heard ofler character and family, he believed that this was her first offence, and that she bad been induced in a moment of temptation to the commis sion of it. Mr. PHILLIPS appeared for the prisoner, and called witnesses to her character, all of whom spoke to her for mer honesty and previous; good conduct. The Learned JUDGE then addressed the prisoner, and said it was painful to pass a severe sentence on a person so young, and upon one who had hitherto borne so good a character. In the early part of the Session he had sentenced a young man to eighteen months' im prisonment ; but her sentence would not be so heavy, although she had been guilty of a great breach of trust. The case was not so bad, perhaps, as the one to which he had alluded. The prisoner was then sentenced to twelve months' imprisonment and hard labour. The prisoner, who appeared a very respectable young woman, wept bitterly during the whole of the proceed ings,' and buried her face in her handkerchief. We un derstood that she had been engaged as shopwoman to the prosecutor. • POLICE INTELLIGENCE. MANSION HOUSE. A ragged fish-dealer, named Stephen Berry, was brought before the Lord Mayor, charged with having stolen a lot of dried haddock out of the shop of a sales man,n along the • in the neighbourhood of Billingsgate. that, t er walk out of th e sas he was passinap, and he, str A eet, at the same time, observed that the shopman was at some distance within, and with his back to the street, so that phorete sawr stated, the prisoner a robbery' might have been effected without his notice. Judging from the cut of the prisoner, and the manner in which the man was conveying away a lot of fish, that it was got at too cheap a rate, he ran in, and asked whether his suspicion was just, and he and the shopman soon collared the prisoner, who, upon turning a corner, walked as boldly as if he had made the purchase. The prisoner said he had paid for the lot, and pointed out a shop in a different part of the street, from which he said he had had it. The LORD MAYOR—Why, Mr. Berry, you often pay us a visit. Prisoner—Never here, my Lord. It's true I've been to see you in Freeman's-court, Cornhill, when I've jobbed for you. The Loan MAYOR—I have seen you. at Guildhall Office. This is one of your old tricks, Mr. Berry. Prisoner—Tricks I No, your Lordship, I never played a trick in my life. I've being doing upright business in Billingsgate these twenty-two years. The Loan MAYOR (to the shopman)—Do you know anything of the prisoner ? Shopman—No, my Lord, I never saw him before in my life. Prisoner—Lord ! Do you hear that ? Why didn't I go in and pay you down two bob for the haddocks as they stood. __ _ Shopman—Never. You never paid me a halfpenny in your life. Prisoner—Pon, pool Come, you know I did. All I had was 3s. Gd. in the world, and you agreed to let me have them for the two bob, and I put the silver shillings into your hand. Shopman—The price of the lot was 4s. Gd. to 55., so that I could not have taken so small a sum. Prisoner—All I know, my Lord, is, that the young man did take the two bob, 'selp me G—d!—(A laugh.) But how could any one believe him? Why he says he don't know me; and I'm blessed if I aint been buying fish on him for years. There ! The Lou) MAYOR—You sell your fish cheap, Mr. Berry? Prisoner—l do, my Lord, as cheap as any dealer, and as good, though I say it. The LORD MAYOR—You can afford to sell it cheap, for you get it very cheap.—(Laughter.) Prisoner—Why, my Lord, I get it as cheap as I can. / The LORD MAYOR—Exactly so. 'Tis for getting it at so cheap a rate that I shall send you to the treadmill. Prisoner—You don't-mean that, do you, my Lord ? The LORD Mevoa—You shall certainly go either to the treadmill or the Old Bailey. Which do you prefer ? Prisoner—l'd rather just go between the two my Lord, if you'll allow me.—(A laugh.) The LORD MAYOR—I shall save the trouble and ex pense of a prosecution, and commit you to the mill. Prisoner—But what are yon going to do with my fish? The LORD MAYOR—The right owner shall do as he pleases with that. Prisoner—Then I suppose you'll order him to give me up my two bob. The Lone , MAYOR—NO. But you shall have your two months.—(Great laughter.) He stands committed to the treadmill for two months. Prisoner—That's hard, my Lord. I'm very sorry you put such a wrong construction upon the affair. 'This is a nice business. I'm robbed.of my money and my fish, and then I'm sent to the mill.—(Laughter.)—Com- mitted. MARLBOBOUG H-STREET. Mr. William Crofts, the landlord of the Bull public house, in Great Windmill-street, Haymarket, was brought up on a warrant, charged with committing a rape upon Sarah Stevens, the wife of William Stevens, of No. 1, Angel-court, Great Windmill-street, porter. Mr. White, of No. 2, Hatton-garden, solicitor, at tended on the behalf of the prisoner. The prosecutrix, who was an ordinary looking w oman, about 35 years of age, stated, th a t she had been in the habit of going to the prisoner's house for the last two or three weeks for beer, 4nd occasionally borrowed a newspaper. On Thurs day, between two and three o'clock, the prisoner called at her lodgings fur a newspaper she had. Her husband was out at the time. She first spoke to the prisoner at the street door, and on her going clown stairs he fol lowed her, uninvited, into the front kitchen, which was the room she occupied. He shut the door after him, and asked her if she had any children; and on her replying that she had not any living, he took off his hat and pitt it on the table, and then seized her in his arms, and forced her against a bed that was folded up on an arm-chair. The prisoner then went away ; and in a short time afterwards her husband came in, and seeing the room in confusion, and that she was crying, he questioned her as to the cause, and on her hesitating to tell him, he seized a razor, and swore that he would cut her throat if she did not inform him of the whole truth, and fearing that he would actually carry his threat into execution, she related all that had passed, and by her husband's desire she carne to this office, and obtained a warrant against the prisoner. The prosecutrix underwent a strict and searching cross-examination by Mr. White, in the course of which KENSINGTON. Row AT THE ROYAL KENT THEATRE, KENSINGTON. —Mrs. Julia Elizabeth Morland, the wife of Mr. Henry Morland, otherwise Francis William John Sutliffe, the proprietor of the Royal Kent Theatre, Kensington, at tended before Mr. G. Clive, the sitting Magistrate, ac companied by a friend, to apply for a warrant against a person named Mathews, under the following circum stances : Mrs. Morland (who, it will be recollected, was a short time since charged on suspicion of having married three husbands) stated that, on Monday last, the theatre was let by her husband to a person named Mathews, one of the performers, for the purposes of a benefit. The first piece was one of Mathews's own introducing, and he brought with him to perform one of the leading female characters, a female whom she understood was a com mon prostitute. The audience were much displeased with the manner in which the performance was gone through, and hissed the piece as a parcel of trash. That exasperated Mathews, and when those marks of disap probation were renewed in the second piece, Mathews, who was sitting in one of the stage-boxes, loudly abused her before the whole theatre, and called her a -, and said that she had been proved to be so at the Kensington Police-court. She therefore wished that he might be brought up on a warrant to answer for his conduct, and that she might have an opportunity of refuting the calumny on her character. Mr. CLIVE observed, that he did not see that he had any power to grant a warrant in such a case, or even a summons, the Police Act requiring that abusive words, to bring them under the provisions of the Act, must be used in the street or public place. Mrs. Morland contended that theatres were always considered " public places," and that therefore the Act would be fully operative. Besides, the conduct of Mathews had occasioned a riot in the theatre, where the seats were torn up, and other damage done. Mr. CLIVE inquired if the person she accused had himself caused any damage to her husband's property ? Mrs. Morland said that she was not prepared to prove that he had. Mr. CLIvE then said Mrs. Morland might have a sum mons, but he could not take upon himself to say what the result might be. Mrs. Morland, it appearing, not being acquainted with Mathews's address, beyond its being near the Westmin ster Brewhouse, was told she could have tho summons when she ascertained the address correctly. HER MAJESTY.—We understand her Majesty has signified her intention of being "churched' on Sunday next, and that the ceremony will take place in the chapel of Buckingham Palace. For several years past the cultivators of the vine yards in and near Meaursault, in the Cote d'Or, have, in turning up their grounds found Roman tiles, fragments of marble sculpture, figures in bronze and terracotta, a small statue of Mercury, rings, medals, and coins of gold and silver, and other relics of Roman art, - on which M. Rossignol, Conservator of the Archives of ancient Burgundy, is about to present a report to the Commission d'Antiquites of the department. SUDDEN DEATH OF A MAN WHILST ILL TREATING HIS WIFE.-Mr. Baker held an inquest on Thursday at the Royal Standard, Arundel-street, Bethnal green, on the body of Thomas Bird, aged 49, a silk dyer, of No. 1, Selby-street West. It appeared in evidence that on Monday night last, at about ten o'clock, deceased returned home in a state of intoxi cation, and, as was not unusual, began quarrelling 'with and beating his wife. At twelve o'clock he went out, followed by his wife, who was persuading him to return, but he refused, and did not come home until two o'clock the next morning. The quarrel • was then renewed, though the lodgers could plainly tell that ;deceased was in fault, for, without any provocation what ever, he threw her forcibly on the floor, and beat her severely. The wife at length, to avoid his blows, ran down stairs, and, as he followed, the place being in darkness, he fell headforemost to the bottom. He called to his wife to raise him, but she, fearing further chastisement, refused. The lodgers were unable to remove him to his room, and not being then aware that he was seriously hurt, placed a pillow under his head, and let him remain there until six o'clock. At that hour he was removed to his room, when he complained of pains in different parts of his body, and at one o'clock he died. Mr. Burchett said he perceived no marks of violence upon the body, and judging from that he thought death to have resulted from the rupture of a vessel in the head. It might, how ever, have been caused by the fall. :Verdict, That deceased was found dead, but whether death was . occa sioned by a fall or by other means there was no ev idenc e to show." . , THE MARKETS.-YESTERDAY. • CORN EXCHANGE. The supplies of English Barley and Irish Oats were good, but small of other Grain. Wheat at Monday's prices, with rather more doing in Foreign. Barley very dull. Beans and Pease as last stated. Oats maintained their prices with a slow sale. Flour unaltered. SMITHFIELD MARKET. The supply of cattle was large ; of Sheep, Calves, and Pigs moderate. The demand for Beef and Mutton was dull ; for Veal and Pork tolerably brisk, at the follow ing prices :—Beef, 3s. Bd. to 4s. 4d. ; Mutton, 3s. Bd. to 4s. Bd. ; Veal, 4s. to ss. 4d. ; Pork, 4s. 6d. to ss. 6d. TEA MARKET. The biddings for Free Trade Tea at the public sale were dull, but for both Black and Green sorts former rates were sustained, and Company's Congou could not be obtained under is. 91d. cash. TALLOW MARKET. There was a fair business done in P. Y. Candle, and prices were firm ; purchases on the spot could not be made under 48s. Gd. per cwt. OIL MARKET. There was little business done, but prices were steady. Linseed Oil 375. on the spot. SUGAR MARKET. The demand for all sorts of Raw Sugar was good, and stiffer rates were paid. The deliveries were large, and arrivals small. Fine Yellow 735. per cwt. (From the London New Price Current of December 3.) SuoAn.—The deliveries of British Plantation continu ing on a large scale, and the arrivals small, have given importers increased confidence, and have caused the trade to be again anxious to purchase : a good demand jias prevailed for all qualities, both for the scale and pan, and buyers have been compelled to pay prices is above those of this day week for yellow, brown and grey sorts, in deed in several cases the rates paid are is Gd higher for mid grocery sorts. To-day the market for West India Muscovadoes ex hibited a healthy appearance, both grocers and refiners were buyers to a fair extent of all kinds, and the market being scantily supplied, buyers were compelled to pay rather higher rates, making the rise for the week is 6d, and in some cases 2s per cwt, and the total sales 1,750 hhds and trcs; for auction on Tuesday 160 hhds Bar badoes are declared, the lowest price of brown Sugar was 59s per cwt. REFINED.--FOr Refined _floods this week prices have been firm ; Standard Ltinips at 81s, fair grocery lumps 81s, fine brown 78s to 795, and low to good 73s to 77s per cwt. Treacle, common at 26s 6d to 275, patent 28s to 30s, and golden syrup 31s to 33s per cwt. Pieces, fine at 74s to 765, good 71s to 735, mid 67s to 70s, ord 63s to 665. for Bastards stiffer rates have been paid, fine 53s to 575, good 48s to 525, low to middling 40s to 475. Bonded Crushed Sugar at 28s 6d to 29s for first sort. Loaves, 6lbs at 34s to 35s ; 101bs, 31s 6d to 32s ; and 141bs, 30s 6d to 31s per cwt. Treacle at 13s 3d to 13s 6d. Bastards and Pieces at 13s to 19s. In Dutch Crushed Sugar the price remains at 27s for the best. MAURITIDS.-For yellow sorts, buyers have been com pelled to pay a further advance of is per cwt ; fine yel lowjat 70s to 725, good 66s to 695, mid 60s to 645, and ord 56s to 59s ; 338 bags imported from Launceston went as follows-black at 36s to 38s, low brown 42s to 42s 6d, fine 51s, low and mid yellow 56s to 59s 6d. EAST INDIA.-This afternoon at public sale 5,427 mats Cochin China were all sold, but at moderate rates; fine damp yellow went at 18s to 18s . 6d, good 17s to 17s 6d, washed good and fine 16s to 18s, ordi nary 16s 6d, low damp white 18s 6d to 19s 6d, a few lots sound went at 20s to 21s, for good fair white, mid brown 14s Gd, good dry grey 21s, yellow and brown washed and shifted 12s to 15s. 3,000 bags Bengal wentt rather lower, the quality not being adapted for the grocery trade ; good yellow sold at 645, mid 55s to 57s Gd, low damp 50s to 52s 6d, mid and good brown 44s 6d to 475, ord 435, and very inferior 40s percwt. FOREIGN.-Brazil since this day week at very full prices. Bahia fine brown and low mid yellow at 17s, white at 18s to 23s for low to fine quality. Yellow Ha vannah 21s to 21s Gd for fine quality for export ; white at 26s per cwt. This afternoon at public sale 10 casks 35 brls Brazil were sold at full rates, low yellow at 15s to 16s, mid brown 14s Gd per cwt. MoLAssEs.-For West India a good demand has existed ; St. Vincent's fair 255, Antigua good 28s, St. Lucia common 23s 6d to 24s per cwt. Bengal Syrup at 21s Gd to 255, and Foreign Molasses at Gs Gd to 8s per cwt. TEA -The market has been in a quiet state, for Free Trade Tea since this day week, and some importers having been desirous to realise have further depressed prices ; 1 2 -d per lb for both black and green sorts ; the operations _privately have been upon a small scale only at is 81d to is 9d for low common Congou, cash, good clean common is 90 to is 91d, and Common Twankay is 8d ; but Congouer Barossa, out of condition has been disposed of at is 7id to is 8d ; on Pouchong, however, Ole - decline at the public sales held on Tuesday amounted to ld per lb. On Tuesday at auction only 1,800 packages were actually sold. Bohea at is 6d to is 7d ; Congou, but mid dling rather strong burnt is 10d, but middling rather strong rough and full Is lold to is 10id, but middling rather strong blackish leaf is lOid to is I ld, strong Pekoe flavour 2s 2d; Souchong, middling black ish leaf strong Pekoe flavour 2s Ild ; Pouchong is lid to is 8 d ; Twankay, but middling coarse, is 8,-d to is Od, good Is 91d, strong bright leaf is iold to is lld ; llyson, fine bright leaf; 4s I lid to 5s Old ; Young Hyson tine bright leaf 4s sid to 4s 6d, good mid 2s 8d to 2s 10L-d ; Caper 2s ; 12 boxes Japan Tea sold at the high rates of 14s to 35s per lb. Company's Con gou have met with &slow sale all the week at Is 94d to Is 9id per lb cash ; the stock of this kind of Tea is re duced to 12,200 packages ; the deliveries during the past month amounting to 1,000 chests. The deliveries of all kinds of Tea reached 413,0001bs last week. To-day the public sales of Tea consisting of 13,000 packages were but thinly attended, the trade were cautious in their operations, and for both black and green Tea there was but a limited demand, importers, however, were generally firm, and buying in pretty freely, were enabled to support former rates, but the small proportion only of 4,700 packages were sold out of the quantity offered—Congou out of condition sold at is 81c1 to is 81d, good ord flat new is 90, good ord coarse and fresh is 84d to is 10d, but mid burnt fresh is Sid to is 10d, mid coarse Is lid to 2s, strong coarse Pekoe kind 2s Ofd to 2s 1/d, fine Pekoe kind 2s 24d to 2s 3d ; Twankay good and fine, Is Ild to 2s 2d, mid rather strong is 9d to Is 9d ; Hyson, good mid 3s 3d, good 3s 9d, mid 2s 5d to 2s 9d, ord Is 10d; Caper is 6d to 2s ' • Gunpowder fine ss, good 3s 90. to 4s 3P; mid 2s 10d to 3s, ord 2s 4d; Imperial good 3s 6d, mid 2s 7d to 3s 2d, ord 2s ld to 2s 5d ; Young Hyson, fine 5s Gd. The total stock of Tea at this port is 24,738,584 lbs, last year at this time it_was 38,206,000 lbs. The deli veries this year have been 30,635,963 lbs, against 23,430,356 lbs. in 1840 to this period ; in addition to the stock there are about 3,753,000 lbs, brought by various vessels just arrived, and not warehoused. Company's Congou moved off slowly, and closed at is 9/d cash. COFFEE.—lmporters of British Plantation have dis played firmness this week, and having supplied the market sparingly, former rates have been sustained ; mid qualities of Jamaica in good request privately at 110 s to 115 s, but in ord and fine ord sorts little business trans acted. For Berbice or Demerara few inquiries have existed ; at auction 20 casks Jamaica were sold, fine ord at 73s 6d, good ord 58s to - 63s Gd per cwt.; the arrivals have been much less than last year, and the deliveries continue good, the market wears a healthy appearance. East India and Cape sorts have met with more attention, and holders. have been less disposed to realise. This afternoon the demand was steady for home con sumption, and holders were firm. At public sale 339 bags East India, 68 hags 28 casks West India and 200 bags Ceylon were offered. Mocha sold at high rates, fise mid yellow at 129 s ; "West India was all taken in, the quality being unclean. Ceylon sold at full rates, low good ord at 67s to 67s 6d, ord 665. Malabar went at 50s for good yellow. FRUIT.—AII descriptions of new have been in good demand this week at the reduced quotations. For new Fruit, Currants, Cephalonia and Zante 565, Patras Gls to 62, Denia Raisins 295, fine Valentia 365, rather tender 345, Smyrna red 30s to 325, Carrabourna 335, Sultana 50s, Muscatels 45s to 90s. Figs, Turkey pulled 45s to 755. At auction sound Turkey pulled sold at 42s to 58s, and damaged 35s to 565; Sultana Raisins sound 50s, and damaged 37s to 38s; Chesme Raisins damaged 2Gs to 30s. For French Plums 80s to 90s paid privately; Im perial Cartoons 105 s to 150 s. RlCE.—Prices have been sustained' for Bengal Rice this week. Low dusty sorts have been in good request at 9s to 9s Gd per cwt; lOs 6d is the value of mid white. For Java full rates paid. Carolina for home use at 28s to 36s per cwt. Saco.—For Sago prices arc ls to 2s lower; good Pearl at 23s to 23s Gd, good middling 20s to 22s 6d, rather greyish 18s to IBs Gd, ordinary Pearl 15s to 15s Gd. Ta pioca at 3d to 4tl per lb. Sago Flour at 12s to 13s per cwt. West India Arrowroot at Gd to is 4d per lb, and common East India at 3d to 5d per lb. Rum, BRANDY, AND HOLLANDS.—HoIders of Leeward Island Rum having submitted to a reduction of id per gallon, has occasioned a fair demand, and 350 puns have been disposed of, 3 per cent. under proof, at 159 d; 8 un der Is 8d; proofs ordinary, is 91; 1 to 3 over-proof, Is 10d to is 11d; 7 over, good brown, 28 Id. Jamaica has met with a slow sale, and rather lower rates accept ed; sales of fine quality, 35 over-proof, have been made at 5s 6d. Of Demerara 60 puns have been disposed of at 3s 10d for 33 per cent. over o f good qua s li c ty ie o T ni l y ie operations in Calcutta have bee n u p on a small a and is 3i-d is the value of proofs. Cognac, first Brands, of the vintage of I:3s6d,;ldihodissa3tB, 6s, h h p ( u is ns s3 ss sd l , o p d t ; in d s o s l s B 3 3 d 7i hhds 5s 7d, puns 5 do 1839, hhds ss, puns 4s 10d; do 1840, hlids 4s, pun s 3s led per gallon. Geneva at 2s to 2s ld for comm on , and 2s 7d to 2. 9d for fine fit for duty. English Corn Spirits at lOs 4d cash. Batavia Arrack taken in at Is Gd proof strength. SPICES. _Cassia Lignea at a decline in prices of 3s quill at 98s, good 95s to 965, middling r l asldildpsa depression t oe o sg2s B oi 4 iood s dn, n 6 e d, th l l o n w middling 86s to 88s, good ordinary 8 per B s cwt,to9fis 82s 6d to 84s Gd, and mouldy gsoosdu a ir n fea d rier b d r s o at l a c f e lui n ,ryt e ha n et : loose and broken 74s to 83s 6d, and mouldy 81s 6d to 83s per cwt. o f id per lb. I S 'e u p m pe a r tra ba low dusty 21d, good brown clean 2P; brown 3A-d, and low grey 20 to 2P per lb. White at 44d to 9d for low to good middling quality. Pimento middling at 3d, and low middling dark at 2d to 20 per lb; Nutmegs 4s led to 6a paid for good and fine bold brown Singapore, and 3s to 4s 8d for ordinary and mid good sorts, 3s 7d for fair bold limed. Cloves, and fine Bencoolen at 2s to 2s 7d, and Common Bourbon is Id to Is 2d per lb; Mace good and fine at 5s 7d to 6s Id, ord to good mid 3s 3d to 4s lld per lb. The Ginger market has been in a dull state; East India has sustained the former value, but West India a shade lower; Jamaica at 81s to 105s:for low to middling; African Ginger at 42s to 47s Gd per cwt. Holders of Cinnamon have sub mitted to a reduction onlast sales rates of 4d to 6d per lb. i F MORNING gUll TALLow.—Pricea . for Russian Tallow now rule b above those of this day f 0 week. For P. Y . C., ur 11°3 ow Soap and Candle making purposes, 48 s 3 d to 485 been the current rates for first quality. For delivery bs to the enci of the Year 48s to 48s 3d, and for springcl°ll,t6a 49s to 495 3d per cwt. South American at 435 to 47 ,v , for common to fine quality. Town Tallow has met with a free sale. This afternoon the demand was good P. Y. Candle at 48s 3d to 48s Gd for parc els on the 517, and for delivery up to the end of the year. At r i sale 23a pipes 227 brls, &c. South American nO'' sold at 43s to 46s G per cwt. sol o Ls. comm d on Fish Oils this week holt:1001 firm. Cod Oil at 31/, pale Seal 42/ 10 to 43/, yellov straw colour 341 to 39/ 15s, brown 321t0 33110 s; SouthZs according to quality, 32l to 361 per tun ; for Spelln. 93/ to 94/ paid for fine British. For Linseed Oil prices have declined 9d to is per cwt. Still ther e has boo! fair business transacted at 37s to 375 3d on the spot, ar r 38s for delivery in the early part of next year, bu ' , the middle part of 1842, 39s is required. Rape 1311 timer lower prices have been submitted to at 53s 6., 5 40 brown 52s Gd per cwt. East India Coco a Nut Oil • to 4ls for the best. Palm at 3 2 l to 39 / lOs Ibr first sort Olive has been disposed of to a fair extent. 81, and Spanish 75/ to 76/ per tun. 'This afterooon ev public sale 280 tuns Whale Oil were offered , and 111,V6 sold. Southern Oil at 311 lOs to 341 l Os for ord ant' quality. tialatua..y. COUNTRY MARKETS. te ar wheat. 1 Barley. Oat . Bea" .....< - ........ -...--..... ..• f to Per Quarterd s. to S. S. to s. S. t , s. a 46 to s• : 0 o 6 Gatti 81and1'ord 152 72 31 32 ‘..3 26 413 -- . kl dridport ....--1 - 68 - - - - - A I Chard ...........- 53 72 28 32 22 26 3b Exeter Gloucester 5O 61 26 30 21 '.B 40 „ 3 7 duildford Newbury ..-- 45 74 26 '35 18 30 40 4 A : 36 '" Reading d4s 72 25 38 19 31 3 3 '',l ... ... Salisbury ..- ,52 72 27 34 20 25 40 a" , ''',, Sherborne 172 74 '2B 35 .e. 4 W 42 44 4, ,, r Shepton Mallet, 51 73 28 37 sil 21 40 4g 1 36 Uxbridge ....-1 - - 37 43 23 28 -• ;0 -- 40 Warminster 155 70 28 35 '24 4 ! 1., ',3... i 0 Worcester i 64 68 32 6 ‘..G A: ieovil 152 GO 28 32 •. 0 24 40 '• LEEDS CORN Al tRKET. ~. t 0 ,7111.1 1 Wheat, Norfolk and Sullblk, 601 b. ............ ....... .. r; 5. ,la .. -- York. and Lincoln. 601 b........ .. ......• •••*". 3 0:: 10 ; 3 ' ; ,,, pl Harley, Norfolk and Su tfoik -- Yorkshire and Lincolnshire .............. ...••••••• : 4 . re 6 0 Z . I ; 1 - Grinding Beans Oats, Potatoe . . ............................................... 44‘Ditt°°!r16';',1,1: -Alealing, 'For. I Id. to lid -.. . ~,hd. to 1 3 ' • r er Is ... - tv,. to O. shelling DEVIZES CORN MARKET. . d. 0 • Per Sack. s. el. ad. Per Quarter. ~.,•,, oto .4 0 First W 'mat 3l oto :5 0 Oats ... ............ .. tf i 0 1 0 Second SO 0 32 0 Beans (per sack)... ..... 7 0 ..... . rhird darley 27 0 33 6 Bread (pergallon). CHELTENHAM MARKETS. d• tad': Per Bushel. s. d. to s. d. Per lb. 6 / Wheat 7 6 9 0 8eef..................." " *".... 6 I Barley 3 0 3 9 Mutton ..........•••"•". 6 6 • Oats 3 0 .3 9 Veal ........ ........•••• 0 Beans ~:. Pease 5 0 8 0 Lamb ...... ~ •; .....••• o , Hay 41.55. to 41, 10s. O d. Pa' CANTERBURY MARKET. .... 5 , colt Wheat, white......-...... 60s. to 735...... 01ci........• _s. 10 . !• ....« - red......... 58s. to 665...... 01d............„. t o . Barley, Malting ..w. 3kls. to 30s ..... Gr•nding, ....„ Is '''',-. Oats Beans 36s to 405...... 01d.........••• ;6 0 . i'' , Pease ......-... 3ss. to -5 ...... GreY..r. • i 0 -3/ ' to v" CHELMSFORD MARKET- a..••• ? 4 , 6 - Wheat, White 5B to 69 Oats .. ..... .....•••'..,.., gi Red 54 6ti Pease, Gray ..... •••% ...... 3 ; 3 3 Barley .............. .......... 32 35 White •••. ..... .. Chevalier 35 37 Beans, Tick ................. wr Grinding 25 31 Malaga''' . _, THE NIGER EXPEDI ------ 1 1°14. (Extract from a Private Lette l t r t, 1, Her Majesty's ship Prince A'"-10,1S1 0 Off the River, A',4, ce nt, r and We called at Madeira, Teneriffe, St. I' ll e a stle , i o si Leone, Monrovia, River Sinde, Cape Coo t , wive for Accra. 'We have had very good health, bat , Ths c od three men since we left England byaccident-5;40, fe t we have been fortunate ; all are in good a r o ill s o ie; anxious to get into the river. which we shall the ° jet° days. We are now taking coals, Sce.,.fre a nd t i be t# transport ; she then goes on to Fernando P ,o is not ,sii . to India. The appearance of the countrY 9 f e e p o i very good, being low and swampy, but af ter r a is b e s ot' it will improve. Her Majesty's brig 1311113 , 0 00 5 ',pi1el she has been blockading the river foe'r six P rz i ,er P k t ut 0 . has not lost one man. .We have been to the ' 4 : 0 1, u., ti which professes to be a civilized American col Liberlotl , is, if anything, worse than a native village• Castl e d er not all as it should be. As to Cape C °39t ch il. ce od tn u oIV 3 Sierra Leone, Ilike them very well ; I h,,,- - ,.„ oil,. 1 0 0 i live in Sierra Leone titan in Sydney. .."',,' is, 0 , 00 I tion that I have to Accra and Cape Co s " i e by ' te r horses will live ; they have lived a little 1 01 .., ibe ' t he 3 so as to do any good. We hear the natives .' O4 is 0 . 6 are not very friendly. The Buzzard's boat `,.` t iota i other day, and was obliged to return, so n l °' or t shall have something to do. bg' 0 a tio , tle i , 14th.—We are in the river now • crosse d lit tic .. .. , . .' I went I LL Om 14th.—We are in the river now ; ct. n ' terday ; all well, and in good spirits. we t las t the river yesterday in the Soudan, but she . u de tose' in the river, where she remained until the all go up on Monday. O f' Th e k en j NEW MAGISTRATES OF DUBLl< a d ivfo, ref Lions of the Charter Justices of the old w" fot Corporation expired this day, and it I" ls '; s sion . ,,iti become necessary to issue a new ConA l ' n eeco' the City of Dublin. We are told that the Lo rd document has already been signed by the, 1- 1,41 4° ,1'0' cellor, and that the number of new litag - Cs o ,t l er twenty-seven--twenty Protestants and sc/e n e rs-P .j ,e o ' Amongst the former arc several of the Orang e A . l3e r r l ' a l s o men, and some ultras who have never been the such as Mr. Ferrier, the defeated candidate fli r t , Se`;',liir Council in St. Andrew's Ward, and Mr. of the Directors of the Bank of Ireland, " c ob th e are in the list. Two or three of them IL % fre7 A portion of the Magistrates only are ° ore ° new Town Council. e' We have heard thr„ t he C i f roj eo of the Aldermen who have been plac ed ' , j and s ` t o r i c a b v ,r e' sion—Sir John Power, Sir E. Boro"Pjiiit Kinahan, Roe, Purcell, and Boye e ,,*bliely i tig ; f t ° , ln vi e ir ; not the list—our Reporter was P,",„,. that t win " i t the Secretary of the Lord Chance" — tb e -"e C c. 5 °ll o ' 4 be completed until to-morrow—we f e w a t , h can a to the details. We have said that a Alr' re f o cal Liberal Protestants have been appoint a . 5 the) . But see how this could have been avoide";,odacil• great a majority in the New Town ` - 'olao s lreol there is nothing to be got by the offic i e , c i ta t the it I , n d trouble, we may take it for grante" to r i iiireit't Mad will not think it necessary this ' d rev De Grey upon his marrow-bones hel l , Lei'" a fte r any other discontented claimant.- - n -P: v s a turdl o r.i m l y, SINGULAR ACCIDEI;T.--"" to the 11 " ) .i noon, as the keeper was explaining ,Buti.4otr, the names of the beasts, one of thosei;nej Pr 0 1 mals, the giraffes, in rising, in its de l i ' , " , e, e a the wood-work in front, part of whi e ' l Bich I°an ""; the animal fell among the company'•it of 1 t such confusion that the whole collectie buot p 0 ta rt' gers, leopards, elephants, hyenas, f t he sP e '„„iog o :; simultaneous roar, to the great terror 0 , 00 who instantly made a rush to get out, bu t t he 5 1 7 eh 9 sured r 11 0 Y danger, by as th ratter, the company remained inside, ;," The A e tc the e keeers that there was howlings in a few minutes subsidea_toe ti e s er giraffe was of a per. o _ d the • was so stunned by the fall, that it was som e /tc50 0 14 it could be got upon its legs; and 0 0 te er rt y tempting to left it into its den the roar the ee animals was renewed to such a degree thTreuien', were obliged to desist, and let the anima l l e .gloc h i it was the whole of the evening. One ° bu t it injured by strikine , against the fire-grat e ' e ffect ti lt fr it not seriously. The accident had such att b de o) h i tile lions and tigers, that the keeper did no dent to enter the den, to snake them g ° beg s usual performance.—Essex Herald. Ole .; The Rector and Curate of K.egworthojled a , rood work, which we hope to see s ec° ,,el), o Of 113 other wealthy inhabitants of the town--rd'eloita"- buting soup, every week, to the poor and c is , parish.—Nettinglysm Review. 0. , QV/ GOLD WATCHES.—E. RE,! to b e oen, ° > appointment, Chronometer and Watehmaxol • and his Royal Highness Mince Albrrt, offel:'101 17, 1 5 assortment of HORIZONTAL WATCHESa! rt iol 0 41 From their great advantages over those of the ree tion in performance, appearance, and gatness,_l4 bore4nts'io them for Ladies' and Gentlemen's wear. Theloatew,i, jewelled is four holes, and the performanCe 6. 0 00 f V oi d , engraved or plain gold dials and cases, and the oir sat co oo 2 7 - ‘l, abstract from Mr. Dent's Lectures on the ; I _ 4o rOistr Management of Chronometer -Wretches and Cl o cks gratuitously by customers, or to the public pri c e a O 7 SILVER.PLATED ..,Pso. 47 ; 0 6 b 1 ,1: 11 : T. COX SAVORY, Manufacturing Silverstol";eet): C I Y hill, London (Seven doors from Gracechach-s ieldt the prices of the following patterns of strongli.iver 0 Dishes, with silver handles and edges , and 'I 1 0 engraving the crest or coat of arms: — 10 The Gadroon Pattern. Four Strongly Plated Corner Dishes and Cove a nd i n 1' Four Extra Strongly Plated Corner D ishes Covers The Flower Pattern. a d 13 i tto t Four Extra Strongly Plated Corner Dish" 0,i 7 Covers ................. .............. N.B. The covers . moveable b3;"0010' they form extra dishes. Drawings of th e ai r e • any part of G rea t B r it a i n o r Ireland, pos ta g e re On 29th ult., at Hi 0 01 ' of ° 00 ° ' 1 1 50 MARRIED. ~ Pernlisji, gbamil,ZsfetMrs. Pair , 4 0 On the `29th ult. , at Clewer, war Winoor9 ,1 0_,.,.. 0.- Melville Glenie, Esq., late Lieutenant' a n d V" if, Rifles, to Mrs. Glynn, daughter of the late Blebs pi of Lady-place, Ilerks, Esq. _ 1 8' , ptill On the 30th ult.. at Heworth, the Rev- ~..,4 ii il4 youngest son of the late Major Dennis, of Tei w y (~sr l " 0 , 1 Eliza, third daughter of Matthew Potts, Escl'‘' ° , C" ld itl' the county of Durham. ,„10 0 , ...00 On the 2d inst., at Faversharn, Kent, Lieu' 001 Y,, W. M. Burton, Ro)al Alarines, to Charlotte r ave r ' •w ter of the late J. Shepherd, Esq., solicitor, of ,IrP les t et, ,I DIED. On the 30th ult., in Kingsgate-street, oo oir u l 5i e,i Emily Coxe, aged 90. cis F a mo ce ito On the lst inst., in Bedford -square, Ffa n tof c 9 # Esl., formerly one of the Masters of the Colfary, 0 0' On the 18th ult., at Boulogne-sur-Mei,po, we the Rev. G. Sloper, late of West WoohaY, of ' a , if , On the 28th ult., Miss Sarah Harriet ModleY' _is, , terrace, Walworth, aged 27. ,-4., need rcfor" On the 29th ult. Miss Elizabeth Shaw, Lfr•aiviatihs i On the 29th ul t. , at Birlingham Mrs.. ~,e1}01” of , e Dire., de widow of the late T. C. Porter, Esq •, 49 ' ,l b 83. 1 1 I cestcrshire, and Fulham, Middlesex, aged —., A- 0 st.Oivniatih.teinrs_tihaiinel".a,geHdelnly, eldest s on . of sliolpf.bis, the flii9 On the 30th tilt , at Limehouse, Harriet John Blyth, Esq. * - • , r w , London Printed aid published by 1‘ , 11 9 ' led' Lond-101)6 6° No. 112, Stran.l, at The Sint Oinee, I"' he r4 t' the County of Middlesex, Saturday, Vece°3 " ROl 4 be