The Sun. — London, England, 1841-11-22 00:00:00

MORNING SUN LAW INTELLIGENCE. COURT OF CHANCERY, Nor. 20. The LORD CHANCELLOR sat in his Court at West minster to-day, shortly after 10 o'clock. VAUGHAN V. BUCK.—JUDGMENT. The LORD CHANCELLOR gave judgment to-day in this case, which was argued before his Lordship in the course of last week, upon an appeal from the decision of his Honour the Vice-Chancellor of England. The principal question in this case was whether the testator in the cause intended by his will to give his wife an ab solute, or only a life-interest, in the property bequeathed by his will. On the case coming on before the ;Vice- Chancellor of England, his Honour thought the wife took a life-interest only, and. decreed accordingly, di recting the property to be converted. Frem that decision the parties appealed, and upon that appeal the Court now gave judgment. His Lordship said the question in the case arose under the will of Mr. William Henry Vaughan. The testator appeared to have been an illiterate person and to have drawn his will himself, and it was, there fore, difficult to form an opinion as to what the inten tions of the testator were upon an instrument so framed. The testator began his will by bequeathing the whole of of his property, during her life, to his wife, and, after her death to his surviving children, excepting two small sums which were to be appropriated to the putting out of his two sons to some trade. He then gave 1001. each to his two sons, and a similar sum to his two daughters ; and afterwards he gave his books, pictures, and plate, to his wife. The total amount of these legacies bore an inconsiderable proportion to the rest of the property disposed of by the will of the tes tator. After these bequests the will proceeded to enume rate certain leasehold property, money :in the funds, and Long Annuities, possessed by the testator, and stated " all these I give to my wife, and the residue, if any." Under those words it had been contended that the widow took an absolute interest in the property con-. tained in that clause of the will. His Lordship was clearly of opinion dint that was not the true construc tion of the clause, and that such was not the intention of the testator. That clause must be considered as extend ing to all the testator's property, except the legacies be fore given. It would be, therefore, difficult to suppose that the testator, after having, in ,a few lines before, given the whole property to his wife for life, should, in the same clause, give th,i property to her absolutely. In the opinion of his Lordship it was not reasonable to put such a construction upon the will of the testator, it being clear to the Court that the intention of the testator was only to enumerate, in detail, what he had before given in ;general terms, and not to make a new disposition of his property. This appeared to his Lordship to be the true construction of the will, and he was therefore of opinion, that the widow only took a life estate. The next point raised, was, whether the whole property was to be converted, or whether it was - to be enjoyed by the widow in specie. His Lordship thought the Court ought to put the same construction on the will in this respect, as if the whole property had had been included in the same clause. His Lordship thought, that as to the leasehold premises and the Long Annuities the gift was clearly specific, and that therefore the widow was entitled to the enjoyment of them in specie. The decree of the Court below must be varied as to those two particular subjects, but with respect to all the other matters it must be affirmed. Air. GIRDLESTONE presumed, as infants were con cerned, the Court would order the costs of all parties to come out of the estate. The LORD CHANCELLOR— Yes ; I think that will be the proper course to adopt. MITFORD I". REYNOLDS. Mr. BETHEL concluded his reply in this case. The LORD CHANCELLOR postponed his judgment. ROLLS' COURT, Nov. 20. NORBURN C. OLLETT. Mr. PEMBERTON and Mr. ROLT stated that this suit was instituted by one of the trustees and executors, who was also a a legatee, and interested in remainder under the will of Thomas Norburn, deceased, for the purpose of having the accounts taken and the trusts of the will carried into execution. The testator was a farmer in the county of Norfolk, and made his will on the 30th of June, 1832, and thereby devised his real estate, subject to certain annuities and legacies, to his daughter, Mary 011ett, the wife of the defendant, with remainder to his son in tail, with remainder to his daughter in similar manner, and with remainder over to the plaintiff, who was testator's brother, and testator appointed plaintiff and Mrs. 011ett his executors; and, having died Oct. 29, 1835, the will was severally proved by them. It was alleged by the plaintiff that some years before the testator's death the defendant had occupied and been rated to the parish for a farm belonging to testator, and had possessed him self of stock and effects, on account of which he was indebted to the estate in the sum of 1,0001, and that on application he had refused payment of the legacies and an account of the assets. A bill was, therefore, filed by the plaintiff, praying that the will might be established, a receiver appointed, and the trusts carried into effect. The defendant, in his answer, alleged that the testator, at the time of his death, was indebted to him to a considerable amount in respect of ploughs and other agricultural implements supplied by him to the testator in his lifetime, and in respect of pas turage on a farm of the defendant. He admitted that he had occupied the farm of the testator, but alleged that he did so under an arrangement, by which he was to hold it without payment of rent. He also alleged that testator had engaged to give him a portion of 2,200/. on his marriage with testator's daughter, but had not done so ; and that he was ready to pay the 'sum charged upon him on payment of this sum, but not otherwise. Mr. RINDERSLEY and Mr. BLUNT, on behalf of the defendant, said their client was willing to give an ac count of the assets, but denied that he was liable to charged with an occupation rent. The defendant having married testator's daughter, they had all lived together and defendant had constantly Acted in the arrangement of testator's farm, but under the direction of testator. In the original bill nothing was said about defendant's occu pation of the farm; but defendant having in his answer suggested that the estate was indebted to him in a con siderable sum of money for which he was entitled to ac count, the plaintiff thereupon amended his bill, and in troduced the allegation that the, defendant was a tenant of the farm, at a rent of 1501. Defendant also alleged that the marriage portion due to him, had never been paid, and that he had expended more on account of the testator than he had received of his personal estate, and that plaintiff had also received considerable sums of money on account of the estate for which he ought to account. It appeared from the evidence that although de fendant was rated to the parish on account of his occupation of the farm, those who had dealings with the testator in respect of it, and the labourers and others connected with the farm, all considered testator to be the occupant, and that he had constantly exercised authority over it, and controlled the acts of the defendant, and had repeatedly stated that he would never give up the government of it as 10n... as he lived. Mr. ROMILLY, on behalf of the trustees, appeared and supported the case of the plaintiff. The MasTEn of the ROLLS said it appeared to him to be a question whether the answer of the defendant was sufficient to allow him to let in evidence. The sole ques tion in the ease was, on what terms the defendant en tered on the management of the farm, it being alleged by the plaintiff that he did so as a tenant, and liable to pay a proper sum for use and occupation ; and on the other hand, it being alleged by the defendant that he occupied it at the desire of the testator, and for the com mon benefit of the testator's family, of which he had re cently become a member, and in consideration of certain things held out to him ; and this appeared to him an extremely natural arrangement.. If the defendant's an swer was inconsistent with the evidence he must re ject the bill; but if it was not, he did not see why he should be charged with rent during the testator's life time. He would giv e hi s d ec i sion on this point on Mon day. The accounts m ust b e taken, and the will esta blished. MORRELL V. SUTTON. Mr. PENnEnsrost and Mr. KINDERSLEY stated that the case came on upon proofs of the case, and on the Masters report, for preliminary inquiry. The sole ques tion in it was, whether a b equest made to a lady named Calcott, in the will of Edward Lloyd, bearing date Apr il 15, 1789, was a bequest for h er lif e, i n events which happene d, or whether it was a b equest in events which happened of an absolute interest. If it was a be quest of . inres t it . was .admitted by all parties was entitled ; if it was a bequest of that the plaintiff The bequest was as follows :-: absolute. interest it was equally admitted that the defendant defendant was entitled. h unto Anne Elizabeth Waring, .. I g i ve and . Waring, my cousin, Sarah Calcott, wife of the Rev. Id under the Dean and Ch a p ter of the elder, and Mary _Spencer, all my leasehold estate in Gloucestershire, he Bristol, to hold to th e m for and during their j o i nt na tural lives, and thelifetof the longer liver of th em , b ut subject, nevertheless to, and charged and chargeable with, the following an ' nu iti e s ; that is to say, o ne annuity of 201. a year to my relation, Esther Jergins o n, wi during her life, and th one another annuity of 20 /. a daughter of the said Esther year to Sarah Jerginson, Jerginson ; and with one other annuity of 10/. a year to my relation Mrs. Oddenbrook, and which several ennui , ties I do hereby direct to be charged on my said estate half-yearly, as in Gloucestershire, and to be paid the rents of the said estate can be received, without any deduction for texas or otherwise, and from and after the decease of the said A. E. Waring, S. Calcott the elder, and M. Spencer, I give, de vise, and bequeath my said leasehold estate in GlOti annuities, cestershire, subject to the said several be then to the said Sarah Calcott, the younger, if she should liv ing, her executors, a d ministra t ors , and assigns, subject to the said annuities c h arge d th ereon , during the term of her natural lif e . A n d if t h e sa id S ara h C a l co tt the_ .younger should die in the lifeti m e of the said A.}:. Waring, S. C a l co tt th e e ld er , an d M. S pencer , l eavi n,,_ any lawful issu e th a t s h a ll b e li v i ng at t h e d ecease o f the survivor of them, the said E. A. Waring, S. Calcott the elder, and M. Spencer, then I give, de vise, and bequeath the said leasehold premises after the several deceases of the said A. E. Waring, S. Calcott the elder, and M. Spencer, to such child or children of the said Sarah Calcott the younger, as shall be then living, to be equally divided between them, if more than one, share and share alike ; Provided that if any child of the said Sarah Calcott the younger shall be then deceased, leaving issue then hying, such issue shall be entitled to the same share as his, her, or their parent would have been, if then living, equally between them, if more than one. But if the said Sarah Calcott shall die in the lifetime of the said A. E. Waring, S. Calcott the elder, and M. Spencer, or either of them, without leav ing lawful issue, livin— g at the decease of the survivor of them, the said A. P. B. Waring, S. Calcott the elder, and M. Spencer, then I give, devise, and bequeath all my said leasehold estate in Gloucestershire, after their several deceases, but in to the said annuities, to E. Jerginson, and her daughter, s. Jerginson, to Thomas Jerginson, the son, and. Charles Merrell, their executors, administrators, and assigns, for the whore i es id i s e s of my "said leasehold interest therein. in equal shares and propor tions." Testator then devised his real estate upon certain trusts under which the plaintiffbecame entitled to them, and directed the general residue of his personal estate to be converted into money, and laid out in the purchase of land, to be settled to the same uses. Sarah Calcott, the younger, survived the three tenants for life, and mar ried a gentleman named Sutton, whom she also sur vived, and died in the year 1838, without children; having made a disposition of her pro perty, under which, it was not disputed, the pre sent plaintiff was entitled, if she had taken only an estate for life. The Learned Gentleman then argued at considerable length that Sarah Calcott, the younger, took a beneficial interest for life only under the testator's will ; that testator bad given her an absolute legal in terest, because she had to deal with the estate as a trustee; and that if it was attempted to separate the legal from the beneficial interest the words would be inoperative. Mr. Tinney, Mr. Turner, and Mr. Dixon (contra) ar gued that the devisee, Sarah Calcott the younger, took an absolute interest. The MASTER of the Rous said he would give judg ment on Friday next. THE SHEFFIELD CANAL COMPANY V. THE SHEFFIELD AND ROTHERHAM RAILWAY COMPANY. Mr. PEMBERTON stated that this suit was for the spe cific pertbrrnake of an agreement. The Learned Gen-. tleman was opening the case for the plaintiffs when the Court rose;' and the farther hearing was adjourned to Monday. VICE-CHANCELLOR'S COURT, Nov. 20. SALISBURY V. MORRIS. The further arguments in this part-heard cause, the facts of which we have already stated, occupied the Court the whole of the day. (Before the Vice-Chancellor WIGRAN.) BOWSER V. COLBY. His Homoun disposed of several of the points raised by the Counsel in this cause, but reserved his final decision with respect to the argument that the plaintiff had no right to relief because he had not paid the rent within the time required by the Act. His Honour, aft er examining the cases cited on that point, said he thought the plaintiff had not lost his right to relief at the hearing of the cause, if he were otherwise entitled to it, simply be cause he had not paid the money into Court within forty days from the filing of the answer. He thought that he would be at liberty to give relief, if a case of relief were made out. With respect to the argument as to the re entry of the landlord, on that point, also, he was of opinion that this case was within the ordinary cases in which the Court could give relief. Another point was, whether the defendant should be at liberty to show that there had been breaches of the covenant. He appre hended that nothing could be more clear, than that where a party came to a Court of Equity for its assistance, the Court would inquire whether, if the party had been in possession of the right he claimed, that right would, or would not, have been forfeited. 'The defendant, therefore, had a right to bring before the Court any breaches of cove nant, and, if committed, would occasion a loss of the lease. Whether these breaches would be proved in the cause, or tried by an issue, must depend very much upon the course taken in the pleadings. He would, however, reserve his final judgment until he had examined the papers. LYDALL V. DODD. This was a bill filed by John Lydall Dodd, against Thomas Dodd, the surviving executor of his father, and a number of other persons, praying generally for the per formance of the trusts of the will of John Lydall, in the pleadings mentioned. (Before Vice-Chancellor KNIGHT BRUCE.) WITTY V. DIARSHALL.—PETITION. This was a petition praying a reference to the Master to inquire and report as to the right of certain parties to control the religious education of the boy Witty. The facts were shortly these :—The father of the boy . Witty was a member of the Roman Catholic Church, and died when his son was but an infant, appointing by his will a person named Anderson, also a Roman Ca tholic, as guardian of his child, and enjoining Anderson to take care that the boy should be educated in the Ro man Catholic faith. Witty, senior, died possessed of but very little property, which was not sufficient for the purpose of the boy's education, who remained until three years of age under the care of his mother, who was a Protestant. From that period till he arrived at the age of seven years and a half old he was under the care of his paternal aunt, Mrs. Conyers, a Roman Catholic, and who during that time instilled into his mind the principles of that faith ; then on her death he was transferred to the care of his maternal grandfather, Mr. Ditton, a Protestant, with whom he remained till his fourteenth year, and during the intervening time it was stated he had imbibed the principles of the Protes tant religion. As the boy was in delicate health, and his grandfather Ditton seemed much attached to him, and his (the boy's) temporal interest would be most pro bably benefited by his residing with his grandfather, Anderson, the testamentary guardian, acting under the impression that at that early age the child's religious principles could not be materially biassed one side or the other, did not interfere to withdraw him from the affectionate care of Mr. Ditton. The latter had by his will, and when the boy was residing with and being educated by Mrs. Conyers, left him a sum of 1,0001., and by a codicil to that will in 1841 bequeathed another sum of the same amount, without making any remarks in that codicil as to how the lad should be brought up. In 1841, on the death of Mr. Ditton, the lad fell under the charge of Mrs. Marshall, his maternal aunt, a Protes tant, and four months subsequently Anderson, having heard . that Miss Ditton, now Mrs. Marshall, was abOut to get married, and that Witty, in consequence, was about to be sent to a boarding school, entered upon a correspondence with her relative to what should .he done with the boy. The result was his being re ferred by her to her solicitors, and hence the present application. Mr. SPENCE (with whom were Mr. Russell and Mr. Dearsley) appeared for Anderson, the testamentary guardian, and said that all his client was anxious for was, that with the least possible expense, and in the manner most beneficial to the boy, the Court would decide as to the course of education which he should receive. He was desirous that his Honour should see the boy him self, and hear what he had to say as to his religious belief. His HONOUR said that his so doing would be stepping very much out of the ordinary . course, and unless all the parties concurred in that desire he could not think of complying with it, and even then he was not decided as to whether he would see the boy. The matters brought out at such an interview would be much better discussed in private at the' Master's office than in public. Mr. SWANSTON, who, with Mr. Koe and Mr. Smythe, appeared for Mrs. Marshall, stated that that lady was very anxious that his Honour should see the lad. On the close of the arguments on either side, his HONOUR, in delivering judgment said, that with regard to the alleged guardianship of Anderson, as it appeared that the boy's education had devolved, during a long course of years, upon other persons without any interference on the part of that person, as guardian—though he, if legally the guardian, was not by that circumstance deprived of his right as such— there was a prima facie case for a reference to the Mas ter, especially when at the present moment the boy was not under the alleged guardian's care. With respect to the other points involved in the case, he had no doubt that all the parties were actuated in the course they had taken by the best motives, according to their judgment, relative to the boy's interest. Witty, the father, was a Roman Catholic, and appeared by his will to have left strict injunctions that his son should be brought up in his own religion. It was, therefore, the duty of all those who, with the knowledge of that fact,:were concerned in the care and education of the infant, to have caused him to have been brought up in his father's religion, and there had been to that extent, in his Honour's judgment, a breach of duty both to the father and the infant. He could readily understand the motives which actuated Anderson and the members of the father's family in not interfering with the maternal re latives—particularly the grandfather—with respect to the care and education of the infant—such a course might probably have interfered with the boy's temporal prospects. At the same time he must say that Anderson might have with delicacy communicated with Ditton, the grand father, on the subject of the child's religion and expressed a wish that he should be brought up in his father's faith. That was a duty which was equally incumbent on the relatives of the mother; and in his Honour's opinion those relatives, from motives, however good, had not kept faith with the dead. They might and ought to have brought him up in the faith of his father, though they themselves were Protestants. That, however, had not been - done, and the boy had been allowed to grow up to a. most important period of life educated a s a Pr o testant, and living under Protes tant impressions. Whatever weight ought to have been ascribed at an earlier period to the father's wishes, it was impossible so far now to over look the interest of the infant, as not to see that great danger to his future spiritual welfare and of the 7tir,.7c;,il..character might—he would not say would—might, . 1 t rout a change in the course of his religious educa tion. On that have arisendiffsei ground and, on that alone, it was the duty o r zr e t to e father'spause. mightm g h t which would render a have eut course of proceeding from that takenTh osematte p l la - c w e 'oul e d ss b e in fants' inter est.entibaelsttodistheteissednature of the discussion—no in the Master's o ffi ce. How ever, looking at the withstanding the respect ability of the parties, the great probability was that the matter would ultimat ely b e again br oug ht before the Court, whatever th e Mast er's report might be ; and b the and considering the small fortu ne o f the expenses attendant on a prolonged inquiry the Master, his Honour, s ince it wasthe requestefore of all parties, had no objection to see and converse with the boy, not, however, so a s to o f guiding the Court in th e species of dispense with the reference to the Master, but f or t h e reference,p tueurpo purpose and in the particular language of th e order to be made, and stating :for the Master's information, but not necessarily for his guidance, the impression made on the mind of the Court, if an y should be made , by .the personal communication w i t h the infant. In that view his Honour was willing to see mission, was ac cordinglyH nour's er • the boy before the particular . form of order was agreed on. Thursday next, with his o p and his Monour stated that he would see the lad on fixed for the purpose e iat day in his room. The Court rose at four o'clock. COURT OF QUEEN'S BENCH, Nom 20. THE QUEEN V. THE SCRIVENERS' COMPANY. This was a rule calling upon the defendants to show cause why a writ of mandamus should not issue, directed to them, and commanding them to admit Wm. Page, jun., to the Scriveners' Company, to enable him to practise as such within the limits of the City of London. It ap peared that the applicant . had been duly indentured to his father, an attorney and scrivener, and had served him as his clerk during the term of 12 years, five to qualify him for the profession of an attorney, and seven to enable him to act as a scrivener. The applicant was duly admitted an attorney, and when he subsequently applied to the Scri veners' Company they refused to admit him, alleging that he had not complied with the provisions of the Act under which the CG.npany was incorporated, and that he had not served the time required by the Act. That was in substance the answer to the writ, and _ The SOLICITOR-GENERAL now appeared to show cause against the return. The question turned upon the service of the party, and by the 41st George 11L, chap. 79, sec. 7, it was enacted that the party should be bound for any space of time not less than seven years, during which time he should be employed in the business •of a public notary, and by the 13th sec., it was provided that the Scriveners' Company should admit the party having so served, on the payment of the usual fees. When the rule was moved for several cases of a similar nature were cited, and their Lordships were clearly of opinion at that time that the service was good. Page the elder was a notary public, and was also an attorney duly admitted, and carried on the two businesses, which were not at all inconsistent, inasmuch as the Legislature, by the Act 3d and 4th Wm. IV., c. 70, had authorised attorneys residing in the country to carry on the business of a notary public. In the present case the applicant served a period of twelve years, and during all that time he remained under the control and direction of his father, devoting one portion of his time to the business of a notary, and the other to the business of an attorney. Ho was duly admitted an attorney ; and if there was anything improper or illegal in the service, why had not application been made to strike him off the roll ? On the other side, the case of the King v. the Scriveners' Company, reported in the 10th vol. Barnewall and Cresswell, page 511, was relied upon. That was an application to admit a person named Ridgway to the office of scrivener and notary public; he having served a person named Drake for seven years. It appeared that during the same period Ridgway was employed from ten till five at Hop kinson's banking-house in Regent-street, and after that hour he went to Drake's, and attended to his business for sonic hours. The defendants in that case refused to admit him, and Lord Tenterden discharged the rule, it being clear that the applicant had other masters and em - ployers, and was not during the seven years wholly under the control of Drake. That case, however, was entirely distinct from the present, and he submitted that the ser vice was good, both as regarded the notary public and attorney. The decision of the Court in former cases was in his favour, and the rule for the mandamus ought to be made absolute. The ATTORNEY-GENERAL protested against its being said that the Court had come to any decision favourable to his Learned Friend in any case similar to the present, and against the judgment of the Court being forestalled by such a statement. He was quite satisfied that the Court had pronounced no opinion whatever when therule was applied for, because it was the uniform practice in modern times to grant these rules, so that these impor tant questions might be decided upon the fullest and most satisfactory discussion. The question was, whether these two occupations of notary public and attorney, although the Legislature permitted them to be carried on under certain circumstances toge ther—whether these two occupations were one and the same, or entirely distinct. He submitted that the latter was the case ; and when it was alleged that it would be a hardship upon the party having served his time to both, his reply was that .the party should not have at tempted to do what the Act of Parliament specifically provided against, and he must take the consequences of his own indiscretion. In the present case the applicant had been allowed to elect, and having been admitted an attorney, he had no right to turn round now and claim to be admitted a notary public. In fact he had no right to be admitted to either; but when the application to be admitted as attorney was made, there might have been no means of bringing these facts before the Court. Now the Attorneys' Act, 22d Geo. 11., chap. 46, provided that, during the time of his service the party should continue and be actually employed by such attorney or solicitor in the business, practice, or employment of such attorney or solicitor. It was clear, then, that the two occupations were entirely distinct, and could not be fol lowed at one and the same time. The Learned Counsel referred to several cases in which the question of service had been discussed, and observed that the parties for whom he appeared had felt it their duty, in watching over the interests of the profession, to resist the present application, being convinced that such a proceeding would be highly prejudicial thereto. The SOLICITOR-GENERAL having replied, The COURT took time to consider its decision. THE QUEEN V. THE VESTRYMEN OF MARYLEBONE. After hearing a portion of this case, the Court rose at a quarter past two o'clock, to meet the other Judges in the Exchequer Chamber. COURT OF EXCHEQUE R, Nov. 20. HAYNES V. JONES AND ANOTHER. In this case the plaintiff had obtained a judg• ment against four persons of whom the defendant was one. One of them resided in Devonshire, an other (the defendant) in Denbigh, and the other two in Liverpool. It appeared, that after the judgment, and before it was put in force, the defendant Jones had become insolvent, and been discharged under the Act. He one day had ridden into Carnarvonshire on a horse belonging, as he alleged, to his mother-in-law ; he had put up at an inn there; when the horse was seized upon a writ of fieri facias. Mr. Jarvis had ob tained a rule to set that writ and execution aside, on the ground of irregularity. Cause against that rule was now shown by Mr. Henderson. After long argu ments on both sides, The COURT said the rule must be made absolute. The discharge of the defendant, under the Insolvent Act, was a discharge from all his liabilities, whether personal or joint. Therefore, the Sheriff had no right to seize any property, either of his own or under his charge. Both the writ and execution must be set aside with costs, the defendant undertaking to bring no action for the wrong ful seizure.—Rule absolute. THE SUN, LONDON, MONDAY, NOVEMBER 22. 1841. Mr. WATSON—No, my Lord, close to it. Mr. Justice PATTESON —You may take your rule ; but you must be aware that, on argument, the point may appear a very doubtful one. Mr. WATSON—It iS 34 very important one to be decided. Mr. Justice PATTESON—jt is SO.—Rule granted. INSOLVENT' DEBTOR'S COURT, Nov. 20. IN THE NATTER OF EDWARD HALL. The insolvent applied to be discharged on bail, and offered as sureties Win. Rogers and Robert Howe. The latter person was examined by Mr. COOKE for the opposing creditor, as to his solvency, and his state ments created astonishment and disgust in the Court. He swore he was worth 1,0001., and resided in Gros venor-mews, as a job-master, and. had ferty-seven horses ; that he held a situation in the Tower, and that he had a large quantity of property. In his cross-examination, he could only account for two horses, which were let to a Mr. Burrell, who bad been at Rome; but where he or the horaes were now he did not know, but thought they were " somewhere" on the Continent. Ile also thought he let two of them on hire to Lord Lowther ; but, again, so far as Howe's statement went, his Lordship was " non est." He also stated that he had a quantity of plate, which, upon his cross-examination, turned out to be a few spoons, and a Britannia metal tea-pot. The Learned COMMISSIONER, in disgust, ordered him to leave the bar and similar objections being made so the other surety, the insolvent was remanded to prison. Sir William Cathcart Boyd, Knt., appeared before the Court to receive judgment. Mr. Commissioner Lam, in giving judgment, said that in this case of Boyd he had to pronounce the judgment recorded. There had been a pause in the case by seve ral persons claiming to be creditors, and he had given them an opportunity to take the cases out of the statute. They had, however, failed, and on the ground of the age of the debts the insolvent had objected to insert them in his schedule. The insolvent would take no protection from the parties who appeared, and he was at their mercy in any other proceedings against him. They were not inserted in the . schedule, and he was liable to any further means they might adopt. The Learned Commissioner remanded the insolvent for eight calendar months from the vesting order, for fraudulently con tracting the debt with Mr. Hall. The insolvent, who has been twelve months in prison, will be detained some months longer. He originally called himself a doctor of medicine ; but the Court held that he was not entitled to the designation, and he then described himself as a " medical attendant and author." His case created considerable interest, He was removed to the Fleet, to undergo the judgment of the Court. NORRIS V. THE DUKE OF NORFOLK. This was an action brought by the clergyman of a parish in Norfolk to set aside an alleged modus—it has been very frequently before the Court. The plaintiff succeeded. Mr. B. ANDREWS now moved for a rule to show cause why the defendant should not pay the costs of the action, which from the spirit in which the plaintiff had been met amounted to upwards of I,4ool.—Rule granted. The whole morning was occupied with motions of a technical nature. No features of public interest pre sented themselves. Their Lordships rose at two o'clock, for the purpose of meeting the other Judges for the con sideration of some Crown cases reserved during the late Assizes. BAIL COURT, N0v.20. CRIMINAL INFORMATION AGAINST THEI"SUSSEX AGRICUL• TURAL EXPRESS."-THE QUEEN V. BAXTER. Mr. PLATT moved for a rule, calling upon the defen dant, Mr. Baxter, the proprietor of the Sussex Agricul tural Express, to show cause why a criminal information should not be filed against him for the publication of a libellous paragraph, reflecting on one of the Members for Lewes, and imputing to him that he had been guilty of bribery and corruption at the late election for that borough. Mr. Harford, in his affidavit, denied on oath all the allegations made against him, and swore distinctly that he had not bribed any of the elec tors, directly or indirectly—that he had never given any directions to any other person to do so, nor did he be lieve that any of his agents, or any member of his Committee had been guilty of bribery and corruption. Rule granted. THE QUEEN V. /HE GREAT NORTH OF ENGLAND RAILWAY. Mr. WATSON, on behalf of a gentleman named Ogden, appeared for a rule calling upon the Great North of Eng land Railway Company to show cause why they should not immediately proceed to set out the Railway from Darlington to Newcastle. This was an application si milar to the one which had been made in this Court in the case of the Eastern Counties Railway, in which case the rule, after argument in the other Court, had been made absolute, a mandamus had gone down which on the return had been quashed, on the ground of insufficiency. In the year 1836, an Act of Parliament had been ob tained by the Great North of England Railway Com pany, for the..making of a railway from Gateshead, opposite the town of Newcastle-upon-Tyne, to Beworth on-the-Tees, thus connecting the river Tees by railway with the town of Newcastle. It was also the intention of the Company to carry a railway from the river Tees to the city of York, and in the next Session of Parlia ment an Act had been obtained for carrying the railway from the Tees to York. The first had been obtained in 1836; they immediately proceeded to complete the rail way from the City of York to the Tees, and that portion of the line was now open. They also, under their first Act proceeded to complete the original railway from the river Tees to Darlington, a distance of about four miles out of 36. Whether this extension to Darlington enabled them to fetch coals from West Auckland, in the West Riding of Yorkshire, he could not then stop to inquire, but A% ith the exception of buying some small portions of property they had not done anything for the completion of the line from Darlington to Newcastle. He thought that he had already shown sufficient to entitle him to his rule; but lately a meeting of the Company had been held, at which a plan had been proposed for abandoning the original line, and for the adoption of another line. Close to the city of Durham, where the original line would have passed, they would, according to the Act of Par liament, have had to carry an immense embankment across Shimcliti Valley, the expense attending which had probably been the cause of their desiring to abandon the orig inal line. M r . O g d en , on whose behalf he applie, possessed property close to what would have been the Durham station, and it was now proposed to carry the railway from Darlington to Newcastle, by carrying the line four or five miles from Durham through a place called Thistleton Gap, and then deviating to the right to join the Durham Junction Railway, which railway joined the Stanhope and Tyne Railway, which went to Shields and joined the Brandling Junction Railway, and thus the railway was carried from Darlington to Newcastle by a devious course, and by joining three railways, on which loads of coal were constantly bzi% carried, thus adding considerably to the danger of the passengers travelling on the railway. All that was deficient in the Eastern Counties case was present here. The public had given this Company certain privileges, and that Company had entered into a contract with the public to complete the line. They had agreed to carry the rail way close to Durham ; they now proposed to pass at a considerable distance from Durham. Mr. Justice PATTESON—They must get an Act of gro i‘ t ir t . d \ . v A l T s so tt u us su t b h m e Parliament to make the deviation, and then the present Act will be repealed, and your rule will fall to the what Parliament might tr submitted that apt besidesl theyace t o t h fi eg cou l dhcnt question?ootmthpean3, mspec ul a te igohn complete the line for five or six miles to join the Durham Junction, and they would not want any Act of Parliament. The Company had obtained an Act, giving them longer time, but the additional time would expire in two years; and his affidavit showed that unless they immediately . proceeded to take'steps for the completion of the line, it would not be completed in time. Justice PansoN—Does the line pass through the property of your client ? MIDDLESEX SESSIONS. PROCEEDINGS UNDER THE WEIGHTS AND MEASURES ACT.—Thomas Bleese, the keeper of a chandler's shop at No. 31, Ray-street, Clerkenwell, was charged by Mr. Childe, the Inspector of Weights and Measures, with having in use an unjust weighing-machine. It appeared that there was a deficiency of nearly a quarter of an ounce in the defendant's weighing scale, which fraud was occasioned by a farthing being affixed to and underneath the balance. Defendant said he had not long been in the bnsiness, and that he was told by the person of whom he took the shop, that if he wished to get a living he must have an ounce draught against the purchaser. The Magistrate—The advice of your predecessor, then, has led you to commit v. robbery, by making persons pay for what they never had, and the Court adjudges you to pay 20s. Christopher Wire, described as an " Irish provision merchant," 141, Great Saffron-hill, was summoned. This was the second visit which the defendant had been compelled to make before their Worships for defrauding the poor. On the occasion of the last inspection by Mr. Childe of the defendant's weights, there was a deficiency of three quarters of an ounce against the buyer. - „ Defendant—l am very sorry ;we are obliged to give a lumping weight. Mr. WILsoN—Do you live now where you resided when you were here before? Defendant—No, your Wor ship. The exposure in the newspapers drove me away. Mr. CHAPMAN—What does the defendant weigh in the scales you found so abominably short? Mr. Childe—As small a quantity as two ounces. Mr. CHAPMAN—WeII, I never heard of such a case in my life. Defendant—Don't believe that I did wrong in such a small quantity. Mr. WILsoN—We do believe it, and fine you 40s. Defendant—Let me off a little cheaper, and if I come here again do what you like with me. Mr. CHAPMAN—You must pay that sum, or else a war rant will be issued. Sarah Day, of Bride-street, Liverpool-road, chandler, was complained of for having a half-penny under her scale. Defendant said it had not been put there by her. She had been in the business but a very short period. Mr. WILSON—It was your duty to see that your weights and scales were correct, and you must suffer for your neglect. Fined 10s. Wm. Owen, butcher, near the Half-moon public-house, Holloway, appeared to answer the following charge : Mr. Turner said, that fastened to one of the defen dant's scales was a piece of fat weighing nearly an ounce. Mr. WILSON (to defendant)—What have you to say? Defendant—Purchasers want consideraby more than that draught. lam poor, and what am Itodo ? Mr. WILSON—Why, be honest. Honesty is the best policy. Mr. CHAPMAN—You pretend to give good weight, and still are plundering. Yoti must pay 10s. John Hanbury, a grocer in Pulteny-street, Islington, was summoned on the following charge : Mr. Childe said this was a case that differed very of complaints which he was in to the Bench. There were a t m he u much habitfr from f t the generalityintroducing number of weights and scales in defendant's shop, and the only fault he had to find was that one scale was against a purchaser to the extent of seven drachms, oc casioned by some butter adhering to the top of the w sc e a i l g e hi l n va g s sc of a ale ; when the butt er h a d b een w i pe d o ff t h e just balance. The scales being to that incorrect, he thought it incumbent on him to take out a summons against Mr. Hanbury. Defendant--Do you suppose the butter wa's there for the purpose of fraud ? Mr. Childe—Certainly not ;it was only neglect. Mr. WILSON—But neglect will lead to fraud. If we supposed ter a moment that there was an intended evil in the neglect, we should fine you heavily ; as it is, you must pay 30s. George Clothier, a coal-dealer, in Collier-street, Pen tonville, was next heard on his summons. Mr. Turner said that defendant's coal-machine was a pound and a quarter against a purchaser. Mr. Childe—This is a second offence. When he was last here, he was fined 41. Defendant—Yes, and I have been starving ever since. Mr. CHAPMAN — Your poverty ought to make you feel for your poor neighbour. Mr. Childe—Allow me to plead for him, your Wor ships. He is very badly off, and his children are suffer ing from scarlet fever. Mr. WILSON—Then we will be merciful, hoping that he will amend his ways. Return him his weighing machine, and let him pay ss. POLICE INTELLIGENCE. BOW-STREET. Samuel Williams, a man of very respectable appear ance, was brought up on the following charge of robbery: The Rev. Dr. Giles stated, that he resided at Wind lesham Hall, near Bagshot. In May last, it being his intention to go abroad for six months, he determined on letting his house, furniture, Sac., for that period ; and the prisoner having given several respectable references, it was agreed that he should have witness's house, and the use of the furniture, &c., for the above period. At the time of prisoner's taking .possession, witness showed him a ca• binet in one of the rooms, in which was upwards of 200/. worth of plate, and securities for money of the value of about 1,2001. more. Witness locked the cabinet, and then left the whole of his property , in charge of the prisoner. Witness returned to England in the early part of Sep tember last, and soon afterwards went to Windlesham Hall, where he saw the prisoner, and told him that he should shortly require to take possession of his house, and in the course of their conversation asked if the plate was all safe, whereupon the prisoner said, that some months before he discovered that an attempt had been made to force the lock of the cabinet, and that he fearing that the plate might be stolen, had himself broken open the cabinet and taken out the plate, and removed it to the house of a friend for safe custody. Witness inquired who his friend was, h u t t h e prisoner declined answering the question, assuring him, however, that the plate should be all restored to him in the course of a few days. Wit ness wrote frequentl y to the prisoner; and received letters in reply, stating hi s p roper ty was safe. He had never been able to get an int erv i ew w i t h the prisoner or to recover his property, and his patience being completely exhausted he gave information of the whole affair to the police, and on Friday night Sergeant Weston traced the prisoner to a house in the Strand, where he took him into custody. Prisoner afterwards confessed to the prosecutor that he had pledged the plate at the shop of a Mr. Kirkham, a pawnbroker, 318, in the Strand; who had advanced him upwards of 1001. upon it. Upon being asked what he had done with the duplicates, he replied that Mr. Kirk ham had them, and had advanced him a further sum of 61. upon them. On hearing the above evidence, Mr. Jar dine dispatched a constable to request the attendance of Mr. Kirkham, vho returned an answer that he was par ticularly engaged and could not come. Mr. Jardine then sent a summons to compel his attendance, when he refused to come, saying that his solicitor had informed him that he WAS not bound to attend on so short a notice. The officer then t o ld hi m t h at h e was wan t e d to give evi dence respecti ng pledged with hi m by Williams, an d d escr ib e d t h e differ ent articles, some stolen plate, that had been when he declared that lie had no such pro perty in his shop, and that he did not know such a person as Williams. M r. J ardine now i ssue d a searc h w a rrant,and on the officer going to Mr. Kirkham's shop to execute it he could not find any of the prosecuta's property. The officer was again sent to Mr. Kirkham desiring his attendance, and informing him that, if he did not come, a warrant would be issued. On this Mr. Kirkham thought proper to make his appearance. He stated that lie thought he had seen the prisoner before, but could not tell. He might have taken plate in pledge from him, but did not know. Mr. JARDINE said that sort of fencing with questions would not do, and he advised witness to be cautious, or he would most assuredly be indicted for perjury. The witness; notwithstanding this caution, answered the questions put t o hi m in such an evasive manner, that at length Mr. Jardine ordered him into custody, and he was placed at the bar with the other prisoner. In the mean time the shopman of Mr. Kirkham was sent for, and he attended, and gave his name James H. Stewart. He stated (after having been cautioned that all the facts of the case were already known, and that, if he did not speak the truth, he would be indicted for perjury) that he had seen the prisoner in his mister's shop. The first time he came there was about three months ago, when witness showed him into his master's private room, and afterwards made out duplicates for 401., which was lent to prisoner on some plate that he brought with him, and which he pledged in the name of Wynd , ham. Could not say how often he had seen him in his master's shop, or when he saw him there last. Had known him to pledge plate there several times. The greatest sum advanced at any one time was 401. Wit ness always asked prisoner if the plate was his own pro perty, and he invariably replied in the affirmative. Prisoner had since obtained an advance of 51. or 61. on those duplicates: Did not know where th© duplicates were now. Had looked for them, but could not find them. Often advanced as much as 401. on plate to gen tlemen of respectable appearance, though they were strangers to him. When, such persons came to his mas ter's shop he always showed them into a private room. Mr. JARDIgE—You must go with an officer, and en deavour to find the duplicates. Witness (impudently)— I dare say they are in the warehouse, but I am not the warehouse boy. Mr. JARDlNE—Whatever you may be, you had better go with the officer, and bring back the duplicates.—The witness went away with an officer ; and in a short time returned, and said he had again searched for the dupli cates, but could not find them. At this moment another of Kirkham's shopmen en tered the office and produced the required duplicates, say ing he had just found then) in the shop till. Mr. Kirk ham here said that he hoped the two last witnesses would not be detained, as he had no one else to mind his bu siness. Mr. Jardine, however, ordered them not to leave the office. George Jones, the shopman who brought the dupli cates, was here examined, and he having sworn as to finding the duplicates, Mr. Jardine broke open the sealed packet in which they were contained. There were altogether sixteen duplicates for various articles of plate, several of them dated within a day or two of each other, and on which altogether 1021. 10s. had been advanced. Stewart re-examined—Admitted that one of the dupli cates was in the handwriting of his master, and said the rest had been made out by himself, and that he had sub sequently advanced Williams 61. on those duplicates. Sergeant Weston proved having taken the prisoner Williams into custody, and the subsequent occurrences at the shop of Mr. Kirkham, as above stated. Mr. White, an attorney, here stepped forward, and said that the prisoner Kirkham was his cousin, and had acted under his adviee throughout the whole transaction. He was willing to give up the plate, which lie would ad mit was in his possession. Mr. JARDINE—You mean in your client's possession ? The Solicitor—No, Sir. It has been removed from his house by my advice, and is now in my custody. Mr. JARDINE—ReaIIy this is the most extraordinary conduct I ever heard. of on the part of a professional man. The Solicitor—Well, if I have done wrong I am ready to abide by the consequences. Mr. JARDINE.—You must go at once with an officer and deliver up the plate to him. The Solicitor—l have no objection to do so. The solicitor and the policeman then left the Court together. After lapse of nearly half an hour, Mr. JARDINE said he had no objection to admit Mr. Kirkham to bail, himself in 2001., and two sureties in 100 t each, to appear again on Saturday next. The other prisoner would be remanded until that day. Mr. Kirkham sent to his friends, and the required re cognizances were entered into, Mr. Jardine consenting to take one bail in 2001. Kirkham then left the office, and up to eight o'clock the plate was not forthcoming. MARLBOROUGH-STREET. Mr. Ingram, landlord of the Three Tuns public-house, Rupert-street, was summoned before Mr. Hardwick by the police for having his house open after twelve o'clock on Saturday night. Police Sergeant Valiance stated, that he went into the defendant's house about half-past twelve on Saturday night, and found persons assembled in the parlour, tap room, and before the bar, in number between twenty and thirty. Some of the persons were smoking. Mr. Ingram, in--answer to the charge, said his house was a house o€ call for. bakers, a class of persons whose work did not cease until a - ,very late hour, and they, as a matter of course, had no other time for refreshment than after the period of their daily labours. The persons seen by the police were lodgers, and one or two neigh bours, but though some were smoking none were drink ing, and he could prove that he did not draw a drop of any kind of liquor after twelve o'clock. Mr. HARDWICK said it was idle to plead that the num ber of persons found in the house were lodgers. That was a common excuse with all publicans, , and deserved as little attention as the excuse of beggars, that they were not begging but selling inciter matches. Mr. Ingram said he had 16 lodgers in his house, and on Saturday night, in particular, he frequently had to accommodate four or fire and twenty. • Mr. HARDWICK replied it was his duty to clear his house by 12 o'clock. If the lodgers would not retire to their rooms, he had the resource of putting- out the lights, and this would oblige them to disperse. Mr. HARDWICK having inquired if the defendant had been summoned before, was informed that he had been summoned a few weeks ago for keeping open during Divine service, and let off on payment of the expenses. Mr. HARDWICK—I fine the defendant 2/. now, and if he is brought here again I shall put on the full' penalty of U.—The money was immediately paid. The next case was against Mr. Slograve, landlord of the 'White Horse, Rupert-street. for a. like offence. Police Serjeant Valiance proved that after half-past 12 o'clock he went into the defendant's house, and found a number of persons in the tap-room and parlour with measures containing gin and beer before tkem. As the defendant lied been fined two years back for some offence, the penalty of 40s. was inflicted and paid. The third case was against Mr. Shandon, Horse and Groom, Richmond-street. In this case the police sergeant proved that seven per sons were in the parlour, some of whom were amusing themselves at a game of chess. The landlord said the company were his lodgers, and they had no drink served to them aft©r 12 o'clock. lcfr. HARDWICK was informed that the house was well conducted, and no complaint had been made before. The reduced fine of 103. was inflicted and paid. A female, about 19 years of age, whose name was stated to be Mary Carter, fashionably dressed and of interesting appearance, and who was accompanied by her mother and brother, was charged with making an at• tempt to throw herself into the Serpentine River. Police constable, 201 of the A division, stated that about ten minutes before seven on Saturday morning while standing on the bridge over the Sepentine River, he saw several persons standing together, and on pro ceeding to them found the defendant lying on the wet ground divested of her bonnet, shawl, and stockings and shoes, and some of the bystanders informed him that she had made an attempt to throw herself into the river. Watching an opportunity while witness's attention was engaged she made another effort to get to the water, but was prevented by him, and she then burst into tears, and on being questioned refused to give any account of herself. The mother of the defendant stated that her daughter had been married about nine months to a highly respect able tradesman at the West-end, bnt that he so con tinually and cruelly ill-treated her, that she (the mo ther) had no doubt but that her poor child's mind had been overwrought to madness by her wrongs, and that in a fit of desperation she had purposed making away with herself. After a lengthened conversation, it was settled that Mrs. Carter should, for the present, remain in charge of her relations, and that proceedings should be in stantly commenced against the husband fur personal and most brutal violence to his wife. THE MURDERS AND SUICIDE AT BURNLEY BARRACKS. INQUEST ON THE BODIES. Tuesday a Coroner's jury assembled to inquire into the death of Lieutenant William Sharman O'Grady, private Robert Marris, both of the 60th Rifles, and Isa bella Hadden, alias Terrett. The first witness called was Mary Hargraves, the landlady of the Garrison Hotel, which is close to the barrack gate. She deposed that on the night of the murder the deceased woman came to her .house, about eight o'clock. She ran into the kitchen ; and appeared very much agitated. She threw herself into a. chair and was much frightened. When she recovered she said Marris, the Mess-waiter, had been ruining her, and had threatened to kill her. Witness told her she had no cause to be.alarmed, for Marris would not hurt her ; but deceased still seemed very much agitated, and observed that Marris intended something serious. She got up from the chair and asked a young girl, named Lord, to go home, and they both went off together. Ann Lord stated that she went with her to the bar rack-gate, and then bade her good night, and in a•very short time after she heard a shriek, as if some person was being beaten, and on witness reaching the lobby in the officers' quarters, she saw Marris fall dead upon the floor. By a Juror—Had Marris any weapon in his hand when you saw him fall? Witness—l did not see any. Mrs. Ann Appleton Hadden, the mother of the de ceased woman, was next called. She deposed that her husband's name was Richard ; that he had served as lance-sergeant in the 7th Dragoon Guards. Isa bella was her daughter, and was married about three years ago to a sergeant of the 97th Foot. His name is Patrick Terrett, and he is now with his regiment, which is out of this country. Isabella was twenty years of age on the 27th of April last, and she is the mother of one child, which is about two years of age. The first time, on Sunday night, that witness suspected there was something wrong, was about seven o clock. After the mess was over Marris came into the kitchen, and he looked very wild. This was about eight o'clock ; Isabella was also in at the time. Witness asked what was the matter with him, and he complained of some thing that Mr. O'Grady had said to him during mess. She also asked her daughter what was the matter, and deceased's answer was, " That it was not fit that she and Marris should be in the same place together." De ceased then put on her cloak and bonnet and went out. Morris followed her apparently in a great rage, and witness went after them and prevailed on her to return, which sh e did , b ut almost immediately ran off again, followed by Maths. Where they went witness did not know. • Witness then went into the mess-pantry, where she found Marris and two other soldiers. He ordered the two men out, and told them if they would come in the morning he would treat them with some ale. They went away, arid he threw himself on a bed in a state of great excitement. Witness remon strated with him, and asked him if he was mad. He got up off the bed, and looking into a looking glass said, " Do I look like a madman ? " He said he had 275. in his pocket, which belonged to a wine account, and that he would throw it over the wall in the morning. He then asked witness to come in and close the door, but she refused. At this moment Mr. Hadden came up, and Marris said, " Let him come here, and I will smash his face for him for what he said to me this morning." Witness told him if he was dis turbed about Isabella, it was very foolish of him, for she was married, and he could therefore never have her, to which he replied he was very fond of her, and if she would not have him she must never have anybody else. Witness then went into the kitchen, but returned almost immediately, and found the deceased Mr. O'Grady in the pantry remonstrating with him, and he had taken his gun from him, and was requesting him to deliver up' aft his arms. Marris said, " What is the meaning of all this ?" to which Mr. O'Grady replied, " I will let you know that in the morning." Witness (lid not see what Marris had in his hand, but he made a push at Mr. O'Grady with something which seemed to miss him, and he made another stab at him with the instrument. Witness heard Mr. O'Grady cry oat " Treachery !" aisd saw him put his hand on his side and stumble into the officers' mess-room. - Witness called out " Murder !" and went back to the kitchen, and immediately returned, and saw Marris lying dead in the lobby ; she ran down the passage , and when she got to Mr. O'Gr a dy's room she saw her daughter standing on the floor bleeding. Witness asked what was the matter, to which deceased answered, " I don't know," and then began to vomit. Witness asked who had done it, or was it Marris, and she replied " No." Deceased remained sensible till her death, which occurred about twelve o'clock, but never gave any account of how the wounds were inflicted. Marris seemed very fond of her, and often said if she would not have him he would kill both her and himself. By . a Juror—Did any struggle take place between Marris and Mr. O'Grady? Witness—Not at that time. By another Juror—Had Mr. O'Grady any weapon in his hand at that time? Witness—No, Sir, he had not. A Mrs. Holmes was next examined, but her evidence was not material. Sergeant Rooney was next called, and deposed to the finding of a large carving knife in the lobby, near the spot where Marris fell. It was very much bent, and stained with blood. In other respects his evidence was not material. Lieut. Charles William Hamilton Sotheby, of the same corps, was sworn, and after corroborating some of the previous evidence, stated that he was in the mess room with Major Cockburn and the assistant, when Mr. O'Grady came in with his hand upon his left side, and exclaimed, " Oh, Major, Marris has murdered me." Private Reuben Laking, of the 60th Rifles, was called in and examined. He deposed to the general facts above stated, and said that he had attended the deceased woman several hours, during which time her father, Richard Hadden, came into the room several times, and on one occasion he exclaimed, "Oh God, oh God ! what have I done, what have I done I" Witness asked her if Marris had done it, and she said no. He asked her who had done it, and she shook her head. Witness also asked what it was all about, and she answered, " All through jealousy." Several other witnesses were examined, but nothing material was elicited. Major Wemyss Thomas Cockburn was called, and stated that he was in the room with the deceased woman when her father was present ; and the exclamation he used was, " Oh, God ! what have I done to deserve such oppression ?" Mr. Thos. Cowan, Assistant-Surgeon to the regiment, was sworn, and deposed to having examined the wound in Mr. O'Grady's left side, which he described as fatal. The intestines protruded from the wound, but were pressed in, and the gash stitched up again. Mr. White, a surgeon of the village, spoke to the na ture of the wounds on the whole of the unhappy beings, but not having opened the bodies could not enter into de tail. Ile had no doubt, however, that in each case the wounds were the cause of death. The Reverend Thomas George James, chaplain to the barracks, was also called, and stated that at eight o'clock on Monday morning, he was called in to attend Mr. O'Grady. Deceased said, " Oh, James, I am dying." Witness asked him if he was afraid to die, and he said, " Oh, no ; I die in a glorious cause. I lose my life in endeavouring to save the life of another," meaning the deceased woman. This being the last witness the Coroner gave some directions to the jury as to the nature of their verdict, and, after a short consultation, they returned a verdict of " 'Wilful murder" against the deceased Robert Marris, for taking away the lives of Lieutenant William Sharman O'Grady and Isabella Hadden, and a verdict of felo de se as regarded himself. THE MARKETS—SATURDAY. NEWGATE AND LEADENHALL. There was a very slack demand for all kinds of Meat, the supply of which was fair, and prices were with diffi culty supported. Game and Poultry were dull of sale, the supplies were good, and prices barely supported. Eggs, at ss. 6d. to Bs. 6d. per load. WHITECHAPEL MARKET. The supply from the country was very small, with very good demand for Pork. Other kinds dull of sale, and prices stationary. Beef, 2s. to 3s. 10d. ; Mutton, 2s. 4d. to 4s. 2d. ; Veal, 3s. 4d. to 4s. 10d. ; Pork, 4s. to ss. Bd. Clover, 31. to 51. 18s. ; Hay, 21. to 41. 10s. ; Straw, 11. 12s. to 1/. 15s. TEA. MARKET. Prices of Free Trade Tea gave way a little, and the market assumed a dull appearance, ls. qd. was the value of common Congou, cash. Company's Tea sold slowly at the same rate. The public sales will not con clude until Tuesday afternoon. TALLOW MARKET. The demand was steady, and prices firm at 47s on the spot, and 46s 9d for delivery up to the end of the year. WOOL MARKET. Prices firm, for both English and Foreign, and a fair amount of business was transacted. The market looks healthy ; the deliveries large, and arrivals small. METAL MARKET. Spelter has declined to 351. 15s. per ton, with few buyers. Ironin steady request at firm rates, but Lead was difficult of sale. Copper was taken sparingly. ( From the London Neiv Price Current of November 19. ) SUGAR.-The market for British Plantation Sugar has presented an healthy appearance this week ; a brisk de mand has existed for all descriptions for both grocery and refining purposes, and the prices paid are Gd to is above those of Friday last for yellow, and 6d for brown kinds; good and fine yellow the supply insufficient for the wants of the trade ; Barbadoes good to fine yellow at 68s to 72s 6d ; middling to good middling 63s 6d to 67s Gd ; low 60s to 62s 6d per cwt ; by private treaty a mixed parcel of Berbice of low to good grey and grainy Sugars have been disposed of at 57s to 58s ; good brown Trinidad 595; Jamaica with less colour but more strength at 58s, rather better to low yellow 59s to 60s, greyish mid and low mid Demerara together 60s, mid yellow Ja maica 625, Dominica ditto with more colour 635, and good mid grey Jamaica 655. To-day a good demand existed from both grocers and refiners for West India Sugar, and the rates previously established were fully supported, the purchases for the week amount to 2,250 hhds and trs, and the market closed with a firm aspect. REFINED.:---For home consumption prices hare ad vanced 6d to is per cwt for the better descriptions, but brown qualities remain as previously quoted ; standard lumps 81s. Tittlers and Hamburgh Loaves common 80s to 81s, middling 82s to 84s, good 85s to 90s, fine 91s to 995, very fine small sizes 100 s to 103 s, low brown lumps 74s to 755, good to fine 76s to 80s per cwt. Treacle, common, at 25s 6d to 265, Patent ordinary 27s to 28s, good 28s fid to 30s, best old make 30s, and Golden Syrup 31s to 33s per cwt. Pieces at stiffer rates; fine 71s to 755, good 67s to 708, low to mid GOs to 66s ; Bastards of low descriptions at 37s to 435, but middling good and fine sorts at 45s to 55s per cwt. Bonded Crushed Sugar at 28s 6d for first quality ; Loaves, 101bs, at 31s, and 141bs 29s to 30s. Treacle at 13s 3d to 13s 6d. For Bastards and Pieces 12s to 18s is the value. Dutch Crushed Sugar at 27s on board for first, and 28s 6d for second quality. MAURITIUS.- For yellow sorts, prices have advanced Is to is 6cl per cwt; fine yellow at 68s 6d to 69s 6d, good 64s to 675, good mid 60s to 645, mid 57s to 395, low 53s Gd to 565, good to fine brown 52s to 53s 6d, mid 46 to 495. EAST INDIA.-For white Bengal rather higher rates have been paid, fine has. fetched 735, good 71S to 725, and middling 68s ; heavy brown went at 40s, low bright 42s to 445, mid bright 46s to 475, low white 63 to 65s 6d, dingy greyish white of a soft dead grain 69s 6d to 70s 6d, dingy coloury grey 65s 6d to 68s, ord 57s 6d to 625. For Manilla prices remain the same as last week. Slain is neglected. Java has been , taken sparingly, but prices have been sustained. This afternoon at public sale 907 bags brOwn Bengal were all taken in at full rates ; good at 45s to 46s 6d, low 43s to 44s 6d per cwt. FOREIGN.—This afternoon the market presented a dull aspect for Foreign, 'and at public sale a small part only of 291 chests 6 barrels Bahia found buyers, but former rates were sustained ; low middling 'strong yel low went at 18s to 18s 6d, fine brown 17s to 18s 6d, good 15s to 16s 6d, middling grey 15s to 17s 6d, da maged 12s 6d to 13s, low soft white 17s 6d to 18s 6d per cwt. • MOLASSES.—There has been a good demand for West India this week, at full rates ,• St. Vincents middling 23s ; St. Kitts 235, good middling 24s ; St. Lucia, fair 23s to 23s 6d per cwt. Bengal Syrup 21s to 24s ; and Foreign Molasses 6s to 7s 6d per cwt. TEA.—To-day the demand was limited for Free Trade Tea, and although the public sales attracted a good at tendance, still buyers evinced little desire to operate, and the biddings were languid for both black and green sorts ; the quantity declared being large, a motuiting to 29,000 packages causing the trade to buy with caution, and of 1,200 packages which passed the sale the sm all proportion only of 5,000 were actually disposed of at a reduction on former rates of d to -.td for Congou, and Id for Green Tea ; the Congou was mostly of good quality. Congou, but mid ra coa and ra old lit blksh If H M kind is 91(1 to 13 10d, but mid ra coa ra blksh if is 10d, but mid blksh If ra str and ra old is 104 to is lid, mid blackish leaf strong and old 2s to 2s id, str and old 2s 2d to 2s 24d ; Ning Young supe rior 2s 6d to 2s 64-cl ; Pottchong is 5d to is 6 4 1 d ; Caper, fair little buret 2s 1-id to 2s 2d ; Flowery Pekoe 3s 9id to 3s 10d ; Souchong fine 3s 3d to 3s 7, but mid is 9d to is 94d Hyson, good brightish leaf 3s 9d to 3s 9-id, fine 4s Bid to 4s 9d, mid brightish leaf 2s 2d to 2s Bd, good mid 2s 10d to 2s 1 Old, low Is 9,1c1 to is l Id, Imperial good mid 3s 6il to 3s 7id, mid 2s 7d4 to 2s 10d ; Gunpowder, fine 4s BA-d to 4s 9d t • Twaukay, fine is 10t1 0 to is 10, mid is 94a to is 9id, ord is B+d to Is 9d. Assam sold as follow :—Congou 2s 6d to 3s 6d ; Pekoe 3s 6d to 4s; Hyson ;Ain 2s; Catnpoi 3s to 3s 3d; Hyson 5s 3d ; Young Hyson 4s 6d ; large Gunpowder 5s Id per lb. Company's Congou dull all day at is 91d to Is 9id cash. COFFEE.—There has been less demand for British Plantation Coffee this week, and the market has pre sented a dull aspect ; of clean kinds the trade have purchased sparingly, and unclean sorts have moved off heavily ; importers generally have appeared unwilling to submit to lower rates, hut those parties who have been disposed to realise have been compelled to submit to a reduction on former rates of is per cwt. For Ceylon prices have given w a y i s per evt. J ava has met with little attention, and prices have given way is per cwt. Mocha has inoved off slowly, but prices have been firm fur the better sorts. • This afternoon the demand was limited for Foreign ' MORNING SUN but holders were firm, and bought in the whole of .1, 0 1 bags of Rio at public sale at full rates, vi z., low ord 38s, good ord 39s to 40s, fine ord colory 40s to 415 Pee, ewt ; for home consumption there was little busin el ' 6 "' transacted in Coffee; at public sale 1,959 bags East Indip and only partly sold at easier rates; ord Bata via at 32s d to 345, and good Samarang, 42s 6d per cwt. • RlCE.—There has been an increased d isinclinston evinced on the part of both shippers and the hole trade to operate in Bengal Rice this week, an d g private treaty the operations have been extre me ' 6 limited, although there are sellers at rather lowed ' rates, 118 have been accepted for middling , and 115 for good middling white ; at auction, 1,900 bags coning° cargo were bought in at 9s 6d p e r cwt. Java has beest taken sparingly, but prices have been sustained. Siam and Madras few inquiries have existed. Carotin: for h yet no e ooder consumption rs at 30s to 365, but for ex p a ort ther SAGO.—For Pearl, stiff prices have bee n p aid for the best sorts ; at auction 59 boxes were sold at 18s for fine Pearl ; 1,379 bags at 20s 64 to 23s for good olid middling 17s to 18s 64, good ordinary brown sifted s to repacked 13s to 13s- 6d. Sago Flour at 14 14s 64 per cwt. SPICES,—The operations in Black Pepper have been upon a small scale only, and prices have further gi'en way *d per lb. This afternoon the public sales consisted of 59 7 ,c, 11 _, e 1,1 5 Cassia Lignea, 1,431 bags Pepper ; the former all but at a reduction on former rates of 3s per ewt , r fo fair thin quill went at 93s to 94s 6d. broken 7fis 6 5 4; 85s 6d, very low 40s to 41s, sea damaged 7Ss to 893 „ s , the latter went at 21d to 2;d fur good fair light Ston s " being id cheaper. f „,. a ll FRUlT.—There has been an extensive de manu descriptions of new Eruit this week ; Currants m s „i e brought full rates, viz. Patras 635, Cephalonia a nd Za 3 " 63 58s, but Valentia Raisins have fallen 2s per ea rt ' ilg s being the price for first quality. New Turi c O n d out good and fine sorts at 66s to 755, very ordinary 21 ,". of condition at much lower rates. Sultana linis m 'f all at Gss, and new Muscatels 50s to 90s. A. for ° for sorts have brought full rates, new Jordan at 9 1 „,. , 15* ta old Fruit prices keep on the decline. l'atra s rin32 lo ' at 50s to 535, Cephalona 55s to 575, Prunes ou' - French Plums 51 to 81. t f °r , Russ, :BRANDY, AND HOLLANDS.—The Ruin has been in a very dull state all the week., 1 00 India has supported the former value, but 11 , ° ; puns have been sold. East India is however la°ref. 600 hhds &c., having been sold at Is lid to 1 5 3 "4,00 The Government contract for 100,000 gallons bilS a" rate of taken by Messrs. Mahon and Simons, at the Im v v hs s Is 7,d proof, being id less than the last contract. Bra n ' " f irst met with a fair sale at the following rates ; Cogna c io d brands of the vintage of 1836, hhds at 6s, Pur5,,.,5655 5() : do 1837, hhds 5s 7d, putts 5s 5d ; do 18 38, bnnn bb to puns 5s ad; do 1839, hhds ss, puns 4s 10d; do its in 3s Ild, puns 3s 9d per gall. British Corn SP brisk request at lOs 4d cash. 5 . 10 The stock of West India Rum is 1,617 pun s 3 less than last year at this time. 'rant: TALLOW.—Although the arrivals of Bliss' ; a have been large since this-day week, still holdwee—oitfip been firm. Petersburgh yellow Candle bas, li posed of currently at 46s 9d per cwt ; for u e ,,, - n teo - to the end of the year at 46s 6d ; for spring '„(," 41 5 47s 6d to 47s 9d per cwt. South Americas at to 46s for low to fine quality. Town Tallow ha good request. dem and fo r This afternoon there was but a limited deT to es 0 , 1 , 1' Y. Candle, but prices were steady at 46s 91 .',7,0 the sppt : at public sale 114 pipes 67 hhds 2 1 „`" 0 0 1 ",,' American weet at 40s 6d to 45s ad for low to fi g ` s OiLs.—The market for common Fish Oils " i ., - s r a ceu healthy appearance ; and prices have further to 3 11, ; 20s to 30s per tun ; Cod Oil at 30/. W s ,i to St' s°. pale Seal 41/. to 411. 10s, yellow an",.. nu the r .A s ' colour 34/. a 381. 10s, brown 32/. a 33/. lOs gooi common a 2/. a 331., middling 331. lOs to 34 ' 1 1/ P of 351 to 36/ ss, fine 361 lOs to 371 lOs ; SPe r° ' rat e 9 for fine British. Linseed Oil at the advanced vale' 38s per cwt. Rape Oil has sustained the ferm,, er /10 5 ° 83C22011e is soa the pe u e v t r , atl 4 uun l e s , paid ii.oGr afilirpfsoot quality.t n e d b . e s s . Palen a t r ;•1 51 11 " COUNTRY CORE MAFtßooKr7E9lTlfioSvre• - - COUNTRY CORN MARKETS:_---cole.'„. Wheat. Barley. Oats. — Rea „... n.. II Per Quarter. s. to a. a. to a. a. to a. t 1042 °° Abingdon 5B 74 30 36 24 30 40 •"*. Ikndover 63 70 33 34 25 27 40 .1, 4 ' tit nbnry 64 74 32 40 33 : 3 „ •46 'LI Bash gstoke 60 72 32 37 24 4 -4 4 2 Cireneoster 6O 70 :12 33 24 25 4 2, 0 ' Coventry — 69 30 39 25 BO 44 Uaventry Derby 65 7 , 4 30 38 2 3 28 43 ; 3 mi sl 49 Howden — 63 33 20 45 Hungerford 50 '74 29 37 23 30 44 Mallon Mai )enhead 5 64 8 76 1 3302 33 22 34 40 3i 40 45 Nottingham 60 77 30 35 *A 2 8 41 -40 Wantage 6B 80 3 6 31 3(1 32 36 44 Warwick 31 30 26 02 43 Winchester 76 36 29 44 a York 5B 70 30 36 19 24 3 0 t` Per Bushel s.d. s.d. s.d. s. s. 5. d.' d 7 0 Birmingham 70 111 6 3 6 46 98 401 3 0 HULL. CORN MARKET. Iq s _• . Wheat, Whitc (per Quarter) .................. 61,7. Red ............................................ fins. 7 665. 66 4 . • ....... : 45. Foreign ............ . .................... 30..3%5. . Barley, Malting ...................................... mss. _ Grinding Foreign.., ~.• ,„, - ;: - .32 .. ~.... .• ;iv' . %b. ... , Malting... ' mss. 29 , .„,,, Grinding., .... off, Vs. ',*, Oats, British Foreign (in bond) '16 4 . 41 ' . Beans 3 O, • . 0 , ~hs. „,, Pelvic, Grey .. ' 4 . 11 46 . 1 u Blue and White 3,,5. . ogs /,insced... 50i. s °' 5.5. Flour (per sack) , 49' 41, Rapeseed per ;0 quarters) _l. al l ' ste' EDINBURGH CORN MARKET. I" Wneat. I Barley. 1 Oats. 1 1 ,,,a,... 46. 0 First it's. ocl 39:.0d. 295. 4d. 410. ( k). • I! 0 tiseorid 7O 4 3t 0 21, 0 44 ° .' Third ...-1 so o 1 ii o 1 ii a I ia ,I. Average price of Wheat .„ 1 0 ., . 3l. 1 2 c 6 1$ PRICES OF PROVISIONS. .RC. (1,1 ." 0 P Beef, per W. «woo Ds. hd. to Os.gd. Freshßutter, tl, 0 1 ' 1 0 0 0 0 1 Mutt0n,,,,.,......... 0 5 0 7 Salt Ditt0....... , , 0 1 Veal 0 7 010 Ditto, per c%1 ., •',i 0 I.° ',i P0rit....—....—....... 0 5 0 7 Eggs, per doz.,' 0 6 6 0 Lam, per qr. .... 3 0 4 0 OatStraw(kpl.) , / 0 1 0 Fallow, civt.......39 0 42 0 Wheat Dlttoo' 7, i Quartern Loaf . ... u9i 010 Barley Ditte_..e 0 ' Potatoes,l4lb. ..... 0 0 0 5 Hay, perlltf lm j ' I a J., , n EDINBURGH MEAL MAB--01. , ' -o - .0. - Per Sack of 2801 b. Imp. Per Stott! .... • . 116 First Oatmeal £2 01. First °atm.' , .'.. „ ..... ,‘ $ ?second ditto._ 1 18 0 Second ditto ..."....,.-•:: 0 Barleymeat ..... Ptasenseal I 8 0 ?oatmeal ...It Pot Barley from 30s. to 48s. poi° MARK CORNWALL MARK oc ii .... (Calculated at 24 gallons to the hu. oato• i Wheat. l _... .Llar .....--ler• . •d• 0 0 (9 6 . l e i ' I. d. to a. d. a. d. te I. . - , 0 Truro 0 7 3 0 w ...- " 0 Helstene —.l 96 0 3 : .... : ! 9 St. Austell 0 71— 0 3 .... Modmin 0 88— 0 4 t .... 0 0 Liskeard... ..... Launceston Camelford 6 6 7 e 3 0 3 . i' l .... " rof Penzance -.--....---,v r ,, , ,,,.• 0 MINING INTELLIGENC E ' q , 05 4 2uantity of Copper ures sold at Iledruth Is* wreck.- 4 Average Produce ........ 136 OIL Quantity of tine Copper . . .. „.. ........... Amount of 5a1e,...73; Standard. " e 0. 0, MECHANISM OF CLOCKS AND W rik , ; ,. s t The mechanism of clocks and watches was f duced into this country by Sir Joseph Wright,_°e 0), ton, Cheshire, in the reign of King Charles t l l r l u ly . 11 1 1 ,11 t Sir Joseph was a man of whom it may d that though possessed of shining genius 0 :11e d t t he s n talents, he never looked upon a person.. less g' itr icea ti d himself, with that degree of scorn which ha,s, fli t t o gsi s o pe characters of some of the ablest and most b e ig, re d of our statesmen and philosophers. I3esiaesoosiae of the most ingenious of mechanics, he wa s h ecla t°. to be the highest musical authority in the "' t hr From a Liverpool Correspondent. nn j Or of It was a remark of Edmund Burke, --- '''„note of becoming an aphorism , that "the chief au; character is, that it is a shield against 0, GOLD WATCHES, LONDON-iSLOL T. COX SAVORY, Watchmaker, No. 47, Cora,_' — ielset; of seven doors from Gracechurch-street, submits w r „ ifbw - tto very large STOCK of GOLD WATCHES, toe . which are carefully examined by experienced "'toe. premises, and each is warranted for correct peefe r SIZE FOR LADIES. 010° 0 d 10 Fine Vertical Watches, jewelled, in engin e-0 gold case., and gold dials, warranted ........... •ed Il l,, Fine Vertical Watches, jewelled, with d o ublo-be n c ' i t ' e ti engine-turned gold eases and gold dials , wa rs , 'iota Patent detached Lever Watches, jewelled in 1 4 ° holes with double-backed gold cases and go" warranted ................. ................... SIZE FOR GENTLEMEN' fout Patent detached Lever Watches, jewelled to ar , , 3 holes, seconds, and double-backed gold cases , e‘ 13 ' ranted .............. Patent detached Lever Watches, capped, lew e and 11 0 six holes, seconds, double-backed go ld easel 11 enamel dials, warranted ........ ................ d . Patent detached Lever Watches, capped, je wel° and ° six holes, seconds, double-backed gold cases,B- 21 „ o t geld dials, warranted Either of the Gentlemen's Watches maybe had la P l ' N. .secend-han cases, for Watches 3 a l tc . h 3 es s. p each urch e ased ste e i n oc htise of On the 19th inst., the I dy her' Glyn Abbot, 'u n veil, o f te l ' i°r da. . f — rit --- ....mat h On the 14th inst., at the Rectory of Preston-Bisset, am, the lady of the Rev. J. Elliott, of a aghter. ,_ v Wil lik OMARRIED• On the 11th inst. , at St. Pancras New Churc h , -'spbit eldest son of J. Goo dwin, Es qof Datchet, Bucks , 0 4 s ore/ daughter of T. Cock, Esq. -.' surgeon of the Ist RoY Militia. ttiabstlioi On the 17th inst., at St. Nicholas Church , 11 , ° i s lin d n o s ~ Thomas, % eldest son of P. T. Huggins, Esq., of t •ne, 5 4 evis to Annie, third daughter of David Mel° , Oeldf Standard -hill, Nottingham. On the 18th inst, at Clifton the Rev. W. R., l3 7,tpe r t Curate of S:. James's Westminster , to Jane Oetsva;(lo of '' daughter of C. A. Elton, Esq., of Clifton, e ldest Tuft , v . Abraham Elton, of Clevedon Court, Soinersetsbiree,;;e. JI; . On the 18th inst., at Christ Church, St. Ajaelj, of 13 ,1 4 Trapp Flood, Esq., only son of Luke 'f . Fleod, 1 1: 1 1. 'the e l r ,, Vue, Chelsea, and of Fairlight, Sussex, to Elizabet ' ri t'z-P 1 daughter of the late R. Todd, of Alpha-road, Rege and of Datehet; Bucks. rid DIED. 0 E ar l On the 14th inst., at Paris, the Right Hon. Th °ll3 dford' Elgin and Kincardine, aged at• , Br* On the I ltli of October, at Moscow, Elizabeto, ate the wife of Philip De Pouteau , Esq., aged 32. •A n ri Of th a" 1 On the. 11th intt., at Plymouth, Stephan*, "'- Joseph Tapson, Esq., of London. 'On the 14th inst., Mary Holloway, aged 28. ay Of W e ' . On the 17th inst., Andrew Belcher, Est' f°1.11". hampton, Surrey. i, .r of /(e6l On the 18th inst., the Rev. G. F. Bates, 14 — Mailing, Kent, and South Mims, Gllliddlesex. . _ Lieu"' On the 18th inst., at Brockhall, Northatoptonshir!! ilycle' nant-General William Thornton, of Grosvenor -gal" f park, aged 79. the wid °l ° On the 18th inst., in Grosvenor-street, Sarah, Archibald Elijah Impey, Esq. 0 —O--0-I(°lsjod London: Printed and Publisbed by M U _o , " , Str_," No. 112, Strand , at The SZih. ber "V. 2, pi 4 the County of Middlesex, Monday, Vovem