The Sun. — London, England, 1841-11-04 00:00:00

EVENING SUN 9raetime ago he entrusted a bag of papers to Mr. Mar rtar, and he was anxious that they should be restored, tamedt along with the other papers.-And that bag con _ ppers of which you have, and could have had, no Vlowledge, but from his information ? Certainly ; no Knowledge in the world. organ here interrupted the proceedings. He fd to make a statement in explanation of something of him in the prisoner's statement. There is had better - not interrupt now. -Lae i re sno imputation on your character. At all events, 70u will be heard by and bye. ar The Prisoner—l never made any charge against Mr. -aol• gan. ;,Yr. Morgan —It is said, " Mr. Morganknew all about I am anxious to explain all my con nection with— Wanrastcrox—l must beg it to be clearly un .der - "A`o a that I make no charge—that I throw out no =- Potation of any kind against Mr. Morgan. I am not so Instructed. Alderman WILSON—You will have an opportunity Presenti 1/ 4r. Morgan. At present we will go on. . limner sworn and examined by Mr. WAD -I)WillhaT6 ire you a broker, Mr. Marriner ? at b,ness are you - engaged in? lam secretary to bris "u o og - speculation.—How long bare you . known k the ykaa,_ while *S he About two years and a half.—Did you no . w , was in the employment of Mr. Solar!. i: d r e I believe Mr. Solari is dead? Yes.—When e Wa s ?On the 18th October last year. —During Solari's e , e as Mr. Rapallo in the habit of bringing you Ex tou (pier bills? Yos, he was.—Has he continued to do of '1 , 111 ,2? Ye=:—For what purpose? • For the pu r p ose or -- "ung money to pay the differences on Stoc k, to take 'k i p S toc k.—D o y o u mean that he ta e a ged them with you for money? Not with 14,4 e th,eY were brought to me that I might 11 , 1 tam .or money.—Has he brought you a great b‘.. _ tuber within the last year ? Yes ?—Has he brought 1 72 1 Y at a time ? Yes. ; so many as eighty odd at one ii::•—lyor•wbat amount were the bills? For 1,000/. each. ah, 2 w uole eighty were for 1,000/. each ? Yes. — Tell us mg that was? I cannot do so without referring to rate oo ks.—Yo u h ave b oo k s in which you kept an acon ite, tte Tant of a ll bill s you received from the prisoner? 141 .1 , 411 1 are new in the hands of Mr. Mania. tea s; 7oliix—What is that you are looking at? Wit time o r extract from the books.—Was it made at the ago. si th e transaction ? No ; it was made a few days Pot i t n ce this matter has turned up ? Yes.—Then was ~,4 6i de. You must refer to nothing that Will f done at the time of the transaction. sou l ,' (to Mr. Waddington) confine your evidence to and one ie t ransaction, it will be much more conve nient Air. ,regular. regul ar . „WAnnixo ToN —My Learned Friend knows as ones F t any one does that in such a case as the p resent th e 'll impossibl e f o r ine"to do so; he knows that it is tha t re ill ' ° rM rule to inquire.into any, or all transactions , (14 tittl ay make out one case. I shall show that he fre kest Y , ! repeatedly, uttered forged Exchequer bills. I lt r g ia e Into the i'vhole ease if I see fit. 14 1' K I do not:watit you to be embarrassed in era youY, but let me fullasunderstand you right. What low about t o q Into? 4 131 D Wi tt INoTorr—l will now confine myself to the 80 . "a—Ther e we re 84. Exam inationi r esume d.—Then Mr. Marriner, of those te wh ich he gave you 6b. that occasion, did ttreakft er wards pledge them iii the hands of Mr. De Ye u atu I handed some of "them over to him.—Do of L b elot the wh o l e o f t he m ? •-No.—Tell us what part othf,the e; ns and when. On the 30Th of March I gave 36 into the hands - of Mr :,De Burckam.—Were NlYetart of th e 84? Y e ' s. —Wl ra t was the date you re fit from th e prjsoner? :The 30th March.—Oh, bil~wae ". On th e same clay as you received the 84 s/ m r°l4 the p r i soner ? Y e s .—And on that day you /OUb-Z them over to Dc Burckam ? 36 of them. — A nd J ab , toe numbers of them there in that book ? Yes , he afterwards, in June, bring you more? Ott .t o ° ‘, lll June, it was in October.—Do you mean in the frt e a l4 .ther ?—Yes. On Oct. 13th be brought me the bills Ye - ' 4 " to 6,413 consecutively..—Was that all he *ba Yen on the 13th October? Yes ; ten bills.—For to k "lount ? 1,000/. each.— Did you hand them over hoek r de Burckam ?—I cannot say unless I refer to the think I did. Refer to „your book and see. I sill' I Y ° Will no w go on with the case as to these ten. to te 4 ) that before the Court, arid I think the /Aegis be satisfied. Nnrt j ' ° oKlN—That will be the:, better course. Mr. tit er, are those books in your own handwriting ? e3' are extracts made by Mr. Mayo, De Burckam's M r. a u l , l _d myself, since the transaction took place. Z( 4l h u r.li.lN—Then_you must not refer to them at all. tit le 7,,aY turn to any thing—any entry made at the - v v ..‘ 0 41 transaction took place. Ott t h i e tn ns—, This is the original entry, made by myself October. et4,Ye.?lr. WADDINGTON—That was on the day you re -8413", from Rappalle the Exchequier bills from 6,404 to th Yes.—And .all f o r 1,0001. each? Yes.—Will B at u° o k show w h e th er you handed them over to De 4 ~,e, 04 "eill or not? Yes.—Did you give them to him for urp ose o f raising money upon t h em , or f o r some Vl'Lleular Stock ,transaction ? Yes.--For the use of 'PPallo? Yes. til-tlr Alderman ,WnsoN—Didri understand you to say tot . ' ir • R aPPallO" brought these bills to you from time time for the purpose o fraising money ? 44 r- BODKIN —H ha s not said anything of that kind " 4, Sir e Ty„ • Alderman WILSON—I, understood him to say so. Ir a : let me inquire. The prisoner brought you bills e tune t o t i me ? Y es. %p:els-examined by Mr. BODKIN—What became of ke ora. t .ell bills' you don't know ? No, I cannot say, but 3en t 'llg to Mr. De Burckam's books—Never mind that, ", i low nothing of it of your own knowledge ? No. to Alderman Wthsosi—Did you give those ten bills for l',l)e._Burckam ? To, the best of my belief I did.— te4otrt, purpose ? Wis' it for the purpose of being dated, or as a depo s it to raise money ? It was as a Ai nrity r. E . onz.mr—l am sure the worthy Magistrate will Ptov tie, but I think that is assuming more to be has actually been. kilted Merman WILSON—I don't assume anything. I „„Alra that question because I understood him to sa y 4 t rve those bills to lir. De Burckam; if I had not un kri that I should not hare asked him the question. Nslid itsnb glii (to - the witness)—Did you not say that k r net know what onhad done with the bills?—l did. 4- • Vir kt , said - —INGTON—He that he remembered that , l imn ten bills. test- lV itoess7-4 do not wish to attempt to evade the . on. •ar. 'to (3131 (IN—I did not say you did. I don't wish to • Ai r au ch a thing Yri• • Ald e • 'ght b rMan WrLsorr—l put the question that there 11 ° ) r_ misunderstanding. • t :owl ed „ 6 - 1 !-IINT—Are you prepared to swear, of your own tZahs4',-.1 , P 0 whom you gave those ten bills . ? I have tie ref, re memory with respect to those bills, except ite ti me Ire to my books.—Did you know Mr. Solari at h elle xe ir • Rapallo was in his employment ? ? at the latter part of his life he was in bad it4ekaßeat was.—ln consequence of that did the ma "bid of his concerns devolve upon the prisoner ? Yes. 'kith " ° , tt know Mr Solari to be the agent of Mr. / 4. 111 1 °' th e . * t t " E xc h equer-office ? Not at all.—What he so r H . e was , described , as a merchant, tr 'ether ' th otered into Stock Exchange speculations? a ot t hat 6f °B ° speculations were upon his own account butother individuals, you don't know ?I do bs ° , l EL , Y e ell was in the habit of receiving Exchrue o r . *elf Sots ? ° ' - 'ot of stock speculations during the . f d at i" , 1121,. Yes.—Sometimes from Mr. Solari him yoc4-43 time? Yes.—And since Mr. Solari's C t P l , l/11 °? ' aw l ,' been in the habit of reeeiving them from dit -4C. gat --4° .--There is nothing unusual I believe b• Ib e thirws is there? It is not unusual in the 111 s? elie ve t'(; ) raise money upon Exchequer Z r t? i' e ertai n i„ not.—lt is every day's practice is it n osaet• ----There appeared nothing suspicious in this 1 1 to t t mmai tari L yon? Certainly not. t . 0) , Mr. WADDINGTON—Have the number . 14 ee s ta x( "hequer bills that you have received increased I,,,''ares death? They have.—Did you ever have don't be a th. , quantity as 84,0001. worth from Solari? ~xehe t nil I ever had.—Now, with respect to these ten ))1 4 ,:clIter bills, as I understand you, you know that Itte / l a ve ten bills to 1)e Burckam, but you do not know lie ber?—Yes. - •"ittn Mayo examined by Mr. WADDINGTON - I be be Y5ll are the clerk of Mr. De Burckam? I am.—ls foreigner or an Englishman? An En g lishman. k qe,t i s ?Is he stock - broker? He is. 1 41 01 ,, 1% ilonLien—ls he an admitted !broker ? I don't the * ---- Was Mr. Marriner in the habit o f pledging Ex hat ? t bills with Mr. De Burcka m durin g the last. k a,.; • o the Lr 'Le was —Have you any entry in y our books t h er ? - Atttions in Exchequer bills on the 13th of Octo- Yes. i s. "Thx..ix—ls that entry in your own hand writing r WA sum-DpixoToN—How many did he pledge ?—Ten Itr red from 6,404 to 6,413. car th 1/"ltit.T D ou recollect whether yeu saw any e hill ° , 4 • 4 e ~„ s • I don't know.—All you know is that you 04 tio-•,ll,te!itry, but from what cause you made that entry Know ? Just so. 1 4:o r. De Burckam sworn, and examined by Mr. WAD- I /I N: I .". -- You are, I believe, Mr. De Burckam, a 'jou 41 , 11 ? the City of London ? I am.—How long have sN i kr, - V 1 on your business ? Four years. (), lderraan WILSON—Are you a sworn broker ? Vder t r t a ill n ° t• ---- Ilave you been admitted by the Cou rt of 11 sin os ? No, I have not. I have carried en my k r. Vor four years, ve H and my father did it before me. AD DINGTort—a you, during the last two or Ir, - ‘,Years, b een i n t h e h a bit o f making advances to A er on Exchequer bills ? Yes.—Do ou know Ir. m . ? I know hi m by s ight. I have seen him with toper 4rrie er.---Do • me mber, on the 13th of Oc -4h 1,1„ -51_ you re •arriner having pledged Exchequer bills . 3 ' 4 4 ? I cannot tell ;if he did, the transaction is 'elite ° °ks, and I will swear to them.—Look at this ? 11 your clerk' hand-writing, was it made at the .„," believe it was. 1 414, ? ' - ') l 3xtx--A re you the party that directed it to be .„,/Sir. AV" , I am not. k r , I, 43 MINGTON—Did you give ten Exchequer bills Ai r Ti ' a ule?—l did kt civ"t)rtoLtu—w lapton. here do you live, Mr. de Burckam?-- laul'ale....-A•jusCrinan WILSON—Where is your counting Aq r a Cushion.court, Broad-street. ill s Last`l',l4,.l3l3lstorox—Did you give several Exchequer 'Last li on `:, Pemberton ? I did, I gave him 16.—Whe \ Sh ar i, s u aY week I gave him 16. ILethert Pemberton sworn—Examined by Mr. bi 'f r °T °N - --You have received several Exchequer hir a, a °: ), the last witness ? I have.—l received 16 from ` l ueed th I !low produce them. (The witness here pro e bills.) . 414 7 . 1 1 il "Lta—What are you, Mr. Pemberton ? I 140'Per, e Ftivate Scerecary of the Chancellor of the Ex- Mr. WADDINGTON—Did you receive the bills now produced from Mr. Burckam ?—I did. Mr. Burckam recalled. Mr. WADDINGTON—From whom or where did you receive those bills? I don't know:of my own knowledge.— Had you any from Mr. Marriner? I believe all the bills I gave to Mr. Pemberton I received from Mr. Marriner. —What did you'do with the pther bills? All the other bills I disposed of in a different manner.—Among the bills handed by you to Mr. Pemberton, were the bills numbered 6,404 to 6,4132 —Yes. Mr. WADDINGTON—As Mr. Bodkin has requested for convenience that we should confine ourselves to some particular case, I may as well state now that we are now about to confine ourselves to the ten bills now pro duced by Mr. Mariner. Mr. BODKIN—Is there anything in these bills which will enable you to speak of them except the cumbers ? —Nothing except the numbers. Mr. BODKIN—You said that the bills had sometimes passed through five or six hands ? —Yes, through several hands. My books will show that. Mr. WADDINGTON—It appears from the entries that all these bills are June bills. Let Mr. Marriner be re called. Mr. Mariner recalled. Mr. WADDINGTON—What is the date and the month appearing upon the bills pledged by you with M. De Burckam 2—The 16th June, 1841. Mr. WADDINGTON—It appears that it was in the month of June from M. de Burkam's books, and their dates, and their numbers are all in June. Mr. BODKIN declined to ask the witness any more questions. Mr. Dudley Montague Perceval called in and ex amined by Mr. WADDINGTON. Are you the Assistant -Comptroller of the Exche quer? I am, at present.—How long have you held that office?:l was appointedon the 6th of January last.— The Comptroller-General is Lord Monteagle ? Yes.— Is it part of your duty, under the Act of Parliatnent, to sign Lord Monteagle's name to Exchequer bills? It is.— Did you sign the issue of Exchequer bills in June last? A great proportion of them I did. Not the whole of them. I signed three - fifths o f the whole, perhaps.— Explain the system of mark in g Exche q uer bills, particu larly that portion of the process relating to the counter foils. I have already heard an explanation of much of the process, which I need not repeat—that the bills are engraved in duplicate—that one side constitutes the counterfoil, and the other is issued as a genuine bill. I suppose I need not repeat what I have heard described relating to the scroll ? Mr. BODKIN—We understand that it is exactly like a banker's cheque, in faot ?—The witness then proceeded to state that the scroll was cut down the middle. Mr. WADDINGTON—The number of the counterfoil and of the genuine bill ought to correspond. The wit ness—The counterfoil is first numbered by one clerk, and the Exchequer bills are subsequently numbered by another to prevent mistakes.—Whose duty is it to num ber the genuine bills? I believe any one of the clerks can do so. lam not sure. I think Mr. Blake, the junior clerk, commonly numbers the counterfoils, and Mr. Smith in general the bills.—What office did Mr. Smith hold ? He was senior clerk in the Exchequer Bill issuing office.—Have you compared the ten bills now produced, purporting to be Exchequer bills, with the counterfoils, and do. they respectively correspond with those numbers And what I compared was the r every esult ? one of them Not yesterdy evening. — one of them tallied with the counterfoil. Alderman WILSON —Have you got the counterfoils here ? Mr. WADDINGTON—IN 0, we have not,. He could not bring them here without bringing the Treasury books. They can be brought if it is desired. Mr. _BODKIN did not think it necessary. Examination resumed by Mr. WADDINGTON—Did some of them vary as to the scroll as well as not fittiug the counterfoil ? I will explain. Here is a series of, fours bills 6,404, 6,405,. 6,406,, and 6,407. There are three bills in a page. Now, I know from a private mark at once in what part of the page the counterfoil ought to come. This bill, 6407, ought to be the bottom bill of the page. It will be easy for any gentleman by making the calcula tion from 6,000 to 6,407, to satisfy himself of this fact. 6,404 ought properly to be the second bill in the page of the series, and this hill ought consequently to correspond with the second bill i n that page. —(The wit ness here looked over the bills, a nd seemed to hesitate a little, saying, " No, I am not q uite sure ;" and then resumed.) This bill, 6,404, is the top bill of a page. Now, any one may ascertain that the top bill ought to be 6,403 ; consequently it does not only not correspond with the counterfoil, but it is not the bill. Alderman WiLsoN—lt does not correspond with the part that ought to be opposite to it. Mr. WADDINGTON—Nor do the counterfoils corre spond.—Do the numbers correspond ? No, they do not. —Have you the genuine bills with you here ? I have not.—Who has them, then ? Mr. Pemberton. Mr. Pemberton r ecalled, and examined by Mr. WAD DINGTON—Mr. Pemberton, do you produce the Exchequer bills numbered from 6,405 to 6,411 consecutively W ? I do. Mr. Perceval's examina tion resumed by Mr. AD DINGTON.-Have you examined these bills produced by Mr. Pemberton with the counterfoils? These six I have. —Do they exactly correspond ? They do.—Are they signed by you ? They are signed by me.—Every one of them ? Every one of them, with Lord Monteagle's name. — They are the same numbers and dates as the counterfoils They are-6,405, 6,406, 6,407, 6,408, 6,409, at.d 6,410. These are genuine.—They are signed by you, you say? Yes, they are signed by me with the name of Lord Monteagle. Look at the counterfoil bills. What do you say to the signature of these ? I do not entertain the shadow of a doubt that not one of these signatures is my hand-writing.— Can you speak to all ten? I can speak with confidence. Although a near imitation, it is not my hand-writing. —lt is not Lord Monteagle's ? Certainly not ;it is very different. Mr. BODKIN requested to look at the genuine bills and the forgeries, which were handed to him, after a request on the part of the prosecution, that he would take care to keep them separate, which he promised to do, observing—" I suppose if they got mixed you would not be able to separate the genuine from the forged ? Mr. Waddington. Oh! yes! but we should have to com pare them again with the counterfoils. Mr. BODKIN having returned the bills proceeded to cross-examine the witness.—You say . you have only 1841 been in office since Jauuary, 1841? Only since January, . —Does Lord Monteagle attend much at the office ? Constantly, when in town. Does he sign bills him self ?—Yes, great numbers. They are, I suppose, placed before him by a clerk for that purpose?—Just so. By Mr. Smith ?—Not by him only Are you aware whether Exchequer bills have been signed in any other manner than what you have stated ?—From 1834 to the 6th January, 1840, they have been signed either by Sir John Newport or Lord Monteagle, during the respec tive periods they were in office, or Mr. Arthur Eden, who held the office of Assistant -Comptroller of the Ex chequer up to the period when he was obliged to leave office on account of ill health. You are not aware that any other person had authority from Lord Monteagle to sign his name to these bills ? Cer tainly not.—No other person could do so according to Act of Parliament.—You have had a good many be fore you lately ? A considerable number.—Have you seen any which do not correspond with the counter foil to which is at tached a genuine signaturo ? I have not seen any which did not corre spond with the counterfoils as to the signature, of which I had no doubt. I nave had several bills sub mitted to me, and I never saw one on which I could lay my finger and say at once the signature to this is genuine, the counterpart to which did not correspond. At the begin ning of the inquiry I was not sufficiently acquainted with the forged signature to state without • hesi tation that it was a forgery, but in every case in which I had any hesitation as to the signature, I was afterwards told that the bill and the counterfoil did not correspond. In answer to questions from Alderman Wilson and others, the witness said that, in June, the Supply bills were furnished in books of 5001. each, and that he had signad two books of 1,000 bills at the same time. Seve ral questions were put to the witness, with a view of eliciting whether any of the bills which did not correspond with the counterfoil, had genuine signa tures attached to them. It was evident from the wit ness's answers that he did not understand the ques tion, and at last, after stating that it was part of Smith's duty to place the books before him for signature, the witness, in reply to an ob servation of Mr. Bodkin, that it was understood that some of the bills had been issued in duplicate, and that he wished to ascertain what was the fact as regarded that point, was his object in putting the questions he had. The witness replied, that as far as his judgment went he had not the slightest reason for believing that the signature could be genuine to any of the bills which did not correspond with the coun terfoils ?—Alderman WILSON—Have you seen any bills which did not correspond with the counterfeits, the sig natures to which you had any reason to think genuine ? Certainly not. Mr. BODKIN—As far as your invettigation has gone, all the bills which do not correspond with the counter foil or forgeries. So far as my investiation has gone, and I believe them to be forgerie g s, not because they :do not :correspond with the counterfeit, but because the signature is not my own.— I cornyared:3B of these bills to-day, and 18 yesterday, and of every "one ,which did not correspond with the coun t e rfoil, there is not one concering the signature, to which I should hesitate t think it was a forgery. Alderman WILSON. --I there is evidence enough to show that there has been a forgery of Exchequer bills, but is it not now time to show that Bapallo had a know ?admit that a forgery of Ex ledf ientrotptxhieNy just se re-forged l the guilty knowledge to Mr. 1 apa o chequer bills has been made out l ; have you traced Mr. WADDINGTON—You must be aware of this prin ciple of law, that in all preliminary investigatioi. s the uttering of forged Exchequer bills or other documents is alone sufficient to cast upon them the party the onus o f prov ing that he came hon estl y by . Mr. WADDINGTON—Your Worships are far .o .t o Mr. BODKIN would beg to dispute that princtiplecoofnlyawr. usatntetriw ng ith of qfouregsteidonbsilolsf tolfiisexsoerhtanngote,toe rities, or coin, or receiving stolen goods, was suggested to warrant a committal, and that it never was ) a u k n e t er l f that e thec u - that it should be proved that the party lied the guilty sufficientels knowledge—that bras to be inferred fromhe circum stances of the case. It will be for a Jury to infer from the fact of a person uttering such an enormous quantity of Exchequer bills, and I can make the case in this respect much stronger hereafter, by showing t hat a much larger quantity was forged,—l say, that the fact of a person uttering so large a quantity of forged billsm, c oupled with his statement that he recei ved them fro Smith—taking this statement, coupled with the fact that forged bills to a large amo unt was uttered by him, I think there Ample evidence not only for the present purpose but evidence upon which a Jury would not hesitate to infer that he had a guilty knowledge. Ob serve, he admits in his statement that he knew they were not the property of the person from whom he received them, and he gives no explanation of how he could have supposed that'a person in the situation of Smith could have the power of supplying him to this enormous amount. He knew that Smith was not a man of property; he knew they were not his bills, and will any one suppose that another party would authorise Smith to apply this amount of Exchequer bills] to stock specula tions ? From the whole of the statements it is clear that the party must have had a guilty knowledge of the na ture of the transaction. Mr. Alderman Wiesox—lf you had charged any per son with stealing these bills, you might have some ground for supposing that Rapallo was the receiver of stolen property. But what evidence is there here that he knew they were forged ? Mr. WADDINGTON—That would be inferred from all the circumstances of the case. Mr. Alderman WILSON thought the case of a party re ceiving stolen goods, and of a party having Exchequer bills in his possession knowing them to be stolen, as being very different. Mr. WADDINGTON—What I say is, that in the ab sence of direct evidence on the subject, the guilty know ledge of the party must be inferred from the circum stances of the case: Of course, if a person admitted that he had forged Exchequer bills in his possession— Mr. Alderman b WILSON—No, no ; he did not say that. Mr. WADDINGTON—He admits that he had these bills from Smith, and it is now proved that they are forged. Therefore, you are to say from all the circumstances of the case, whether Rapallo knew them to be forged; but if you stop this inquiry into a most enormous and gigantic fraud, by requiring direct proof of his guilty knowledge, the ends of justice will not be met. Mr. Alderman PIRIE—It would go a great way in inferring a guilty knowledge, if I found that he received bills from the Government office and made no regular entry in his booke. Mr. WADDINGTON—That will be all very well when the case comes before a Jury. Mr. Alderman PIRIE-1t strikes me, however, that it would be a very important point to establish now. Mr. WADDINGTON—There is one thing that I must remind you, that you are not pronouncing definitively upon the guilt or innocence of the party, and really I think that you can hardly have paid sufficient attention to the statements of this man. Mr. Alderman PIRIE—I beg your pardon. I have read it over very carefully and attentively. Mr. WADDINGTON—I must say that that statement ap-, pears to me to be pregnant with suspicion, and that the party who received them must have been, not only a party to the fraud, but that he knew they were fraudu lently obtained. How could he suppose that Smith would have been all this time supplying him with genuine Exchequer bills? Surely when you find him dealing with those bills to so enormous an amount — Mr. BODKIN—It strikes me that whatever may be supposed on that point we have nothing to do with the principle. The party seeking to deprive one of the Queens subjects of his personal liberty will not make that a case of suspicion that the transactions were of an extensive nature. The case should be looked at as if it were simply between two individuals. My Learned Friend, I admit, has not thrown any unfair diffi culties in the way of the inquiry. I admit he has given reasonable evidence, from which it may be inferred that the documents were forged ; but there has been nothing stated to show that Rapallo had any more, knowledge of their being forged than either of the two witnesses from the Treasury, who did precisely what Rapallo - would do himself. I call upon you to read the statement of Mr. Rapallo. I can w e ll imagine how a man in the consciousness of rectitude, thinking fit to present hiMsClf 'voluntarily at the Home office, and subjecting himself - to the rigid cross-examina tion of the' acute and able legal authorities there, might haveheen betrayed into sotne statements or admissions` which the ingenuity of my Learned Friend opposite might construe as prejudicial to him. My Learned Friend dwells on the fact that Rapallo said he did not believe them to be the property of Smith ; but you must be aware that these large transactions were matter of public notoriety in the City, and the general impres sion among commercial men was, that they originated with parties at the West end who knew their agents in the City were conducting these speculations, and Smith might have been supposed to be the party re presenting them. In the same way Rapallo was the agent of Smith in the City ; taking up the business as it had been formerly carried on by Solari. Now, looking at the nature of the evidence that has been given, I ask you to lay your finger upon a tittle of evidence from which you can infer that Rapallo had any guilty know ledge of these bills being forgeries. Now, my Learned Friend relies on the evidence as being sufficient not only to commit him, but even to convict him; but I take leave with great humility and submission to his superior knowledge, to doubt whether a jury, even from the Trea sury or Exchequer-office itself; would be able to pronounce such a verdict. If that were so, no man could be safe who engaged in commercial specu lations of this nature. I submit that there is no proof of knowledge on the part of Rapallo of these bills being forged. And, Sir, I cannot help asking you, an 4 I trust I am not making any observa tions unbecoinieg the situation in which I stand here, to look with a good deal of jealousy at the case raised against this particular person. The bills have gone through a great number of hands, and there is no doubt that they generally came from the Ex chequer-office itself ; and a very serious question will be raised on the part of the innocent holders as to whether they will be able to recover the amount from the Government or not. Mr. Rapallo is the only link by which they will be able to prove their claim upon the Government, and that they had, in point of fact, proceeeded from the Government office. You will look therefore with proper caution and suspicion on this attempt, because, if it be successful, it will go far to relieve the Government from the responsibility which may attach to it for the payment of these Ex chequer bills. Under those circumstances, I appre hend that you will be of opinion that this is a case in which you would not be justified in depriving a man of his personal liberty, more especially when I advert to the fact that this statem e n t o f, m y client's, on which the strongest suggestion of criminality is founded, was made twelve days ago, during the whole of which time Mr. Rapallo has been at liberty. In that period his counting-house has been ran sacked; his books have been taken from him; and those which were not discovered, he himself voluntarily surrendered. He has been himself on the spot, and has 'expressed the utmost willingness to come forward at any time. After all this I think it would really be too much to consign a person to prison who has evinced such readiness to afford every information in his power. In answer to Alderman Wiesorr, it was stated that the Government officers had Mr. Rapallo's books, and it was suggested that they should be examined, in order to ascertain whether there was any entry of these bills in the regular course. Mr. WADDINGTON submitted that that would not alter the nature of the case in any respect. The fact of his receiving these bills from a clerk in the Treasury, without making any inquiry into their authenticity, was a proof that he knew the transaction to be fraudulent, and if these entries were regularly made in his books that would be merely a cloak to conceal the real nature of the transaction. He said he did not consider that it was his business to ask whether it was a regular thing or not. He has frequently in similar transactions taken the bills and asked no questions. But was it possible to suppose that he would receive at one time 120,0001., and at another time upwards of 80,0001. of these bills, suppos ing them to have been legitimately come by? He hoped the Magistrates of that great commercial city would be of opinion that enough of evidence had been tendered to put the case in a train of investigation. If it was thought that Rapallo should be admitted to bail, he had no objec tion, but that was a point which he lett to the discretion of the Magistrates. Mr. Alderman WILSON thought that the fact of these bills being regularly entered in the books of the pri soner would be a strong proof that he did not think they had been fraudulently obtained. Mr. WADDINGTON complained of the aspersions that had been cast by his Learned Friend on the motives of the Government, who, he said, were anxious to do every thing consistently with jestice as regarded the holders of these bills. Mr. BODKIN explained. Mr. Alerman WILSON said fault had been found by . tha Learned Counsel, and he thought great injustice had also been done to the Magistrates of the City of London, in supposing that there was any wish on their part to impede the course of justice. It was, however, the duty of the Magistrates to see that the liberty of the subject was not taken away unless there appeared to them good and sufficient grounds for such a step. Putting Rappallo out of the question for a moment, it appeared to him that any merchant might have received these bills from Mr. Smith, as a person connected with the Troasury, with out suspecting that they were forged or counterfeit. He did not see how they could entertain any suspicion of the sort. Mr. WADDINGTON admitted that such was the case. Mri BODKIN—I submit, Sir, that my client be allowed his liberty upon bail. He went forward voluntarily— he has attended to his business ever since he made his statement, and will again come forward whenever it is thought necessary. My Learned Friend certainly mis understood me, when he says I threw out reflections against the Government. I meant no such thing. Of course, it will be their duty i to insti tute a most strict and searching investigation into the whole of these transactions. What he meant to say was that these bills had passed through se veral hands. They had passed through the hands of Marriner and of De Burchem, yet they are treated as respectable men, and are brought forward as witnesses for the Crown. I look with jealousy to any selection of witnesses. Mr. Alderman WILSON—WeII, produce the day-book, and satisfy me that these ten bills received by Mr. Rap pallo, on the 13th October, were regularly entered in a mercantile manner, and it will have much and conside rable impression upon my mind. Mr. WADDINGTON—Supposing such were to be the case, Sir, still in my mind it would not make the slightest difference. Parties engaged in such a transaction might keep a good mercantile record of the bills, and yet have a guilty knowledge. That guilty knowledge I have proved, for no man in his senses could fancy for one mo ment that a clerk in the Exchequer could find bills to such an amount laying about the office ; nor could he for a moment suppose they could be purloined to such an amount. It is such, an absurdity, no: man could believe it. It could not suggest itself to any reasonable mind; the only other inference there is that the bills were not genuine, and that was en inference which 'must have forced itself upon the mind of the prisoner or any other person dealing with bills to with an amount, and with a .n of no substance, THE SUN, LONDON. THURSDAY, NOVEMBER 4. 1841. Mr. Alderman WILSON—But there might be a third party behind, or More persons in the back-ground, who were supplying Mr. Smith. Mr. BODKIN—Just so, Sir—that was the impression on the minds of all. A book was here produced and examined, but no entry of the bills could be found of such a character as to sa tisfy. the minds of the Aldernien. Mr. BODKIN explained:that the entry wag not under the date of October, but merely consisted of the date and numbers of the bills. Mr. Alderman WILSON —lf the prisoner were that honest man which his caunsel . represents him to be, it is in his power to show a fair mercantile entry of the transactions] hel had with these bills, that would have much weight with me, but he has failed to do so.- Had these transactions taken place through a regular sworn broker, they never could have been carried on so long. It was a case preg nant with suspicion. How long do you ask for the re mand ? Mr. WADDINGTON—I apply, sir, for the committal of the prisoner. . Mr. Ald. WlLsori—l don't think there is sufficient evidcnce for that yet. After a long discussion between the Counsel as to the time to which the prisoner should be remanded, and whether bail should be taken, it was finally agreed upon that the prisoner should be remanded till Wednesday week, his solicitor to have full access to his books. Mr. MORGAN—Its having appeared in the statement made by Mr. Rapallo, that " Morgan and another broker knew it all," lam most anxious to ask him whether he meant— Mr. BODKIN—You cannot put any questions to the prisoner. I can state, however, that he exonerates you from all blame. _ The prisoner declared that Mr.. Morgan knew nothing of the transactions except in the regular way, nor was he at all acquainted with Smith, neither had Smith's name ever been mentioned to him. _ _ Mr. Perceval begged to explain. A question had been put by Mr. Bodkin in such a manner as to leave him no room to give an explicit answer. He wished to say, such were the precautions taken at the Exchequer Office, and such the checks in force that it was next to an impossi bility for genuine duplicate bills ever to be put in circulation, but as for a consecutive series of duplicate numbers to appear, was •as near to an impossibility as anything hu man could be. Mr. Morgan, stated that he was a sworn broker, and from 120,0001. to 130,0001. worth of these bills had passed 'through his hands. The prisoner was then removed in the custody of the officer. The Lord Mayor's private room was densely crowded during the examination. Many of the first merchants of the City and members of the Stock Exchange were present. CHANCERY COURT-(THIS DAY.) His Lordship was engaged the entire morning, up to the time of the rising of the Court, in hearing the argu ments in a bankrupt petition. His Lordship rose at one o'clock, before the arguments in the case were concluded. ROLLS' C OURT.-(THIS DAY.) MAITLAND V. DROWNRIGG. This was a petition for payment of a portion of certain funds raid into Court in suits now pending. Mrs. Mait land was, by a settlement on her first marriage with Mr. Simpson, entitled to a life interest in certain funds, with a power to appoint to her children. On her second marriage with Admiral Maitland her life interest in this settlement was Made the subject of a second settlement, and in this last settlement a covenant was entered into . by Admiral Maitland for payment of a sum of 10,000/, which was alio to be settled; and in which his widow was also to have a life interest, with remainder to tbe relations of Admiral Mait land. This covenant was not performed, and after the desith of Admiral Maitland, his widow accused Mr. Bateman, the trustee of the second settlement, of neglect of his duty, for not compelling the performance of it, and filed a bill against him to compel him to make good the loss thereby sustained. The whole sum, however, was not lost, as a sum of 1,2001., of Admiral Maitland's estate was recovered by the trustee and paid into Court. and Mrs. Maitland from time to time received the divi dends on the funds in Court. Mr. Bateman, the trustee, on the commencement of the suit by Mrs. Maitland, in stituted a cross suit, and costs were from time to time incurred by him in these suits. Mrs. Maitland being desirous to advance some money to her son for his ad vancement in the Church, executed an appointment in his favour of one third of her life interest, and was desir ous that the money should be paid out of Court. This was objected to by the trustee, on the ground that the settlement gave him a lien on the funds for the costs that had or might be incurred by him in the above suits, and in the execution of his trust. His LORDSHIP, after hearing Mr. Pemberton and Mr. Sidebottom in support of the petition, and Mr. Kinders ley and Mr. Hullet against it, said that he did not think he should diminish the trustee's security to any extent that would be prejudicial to him if be made the order prayed for, leaving it to him, if he should be advised to do so, to apply to the Court to stop the order by which her income was paid to Mrs. Maitland. - GREEN V. BADLEY. _ _ This was a petition by the representatives of the trustees under the will of a gentleman named Thomp son, who died in 1814, to have a reference made to the Master, to make certain inquiries. Mr. Thompson, by his will devised his estate, called the Sedgeley Hall estate, in the neighbourhood of Dudley, in trust, that after his trustees had ascertained'whether there was any and what minerals under it, to make sale of the estate, and divide the proceeds among his children, and he em powered his trustees,if his personal estate was not sufficient, to borrow money by mortgage on the estate for the pur pose. Attempts were made from time to time to ascer tain what minerals were under the estate, and consider able expences incurred thereby, which were defrayed by money borrowed from a banker for the purpose, the tes tator's personal estate not being sufficient. It was ascer tained by these experiments that there were mines of very great value under the estate, and that, in consequence of this discovery, the value of the estate had been doub led. A bill having been filed against the trustees a decree was made in July, 1831, directing the usual accounts of rents and profits received by the trustees and of all incumbrances affecting the estate, and also directing a reference to .in quire whether it would be for the benefit of all parties that the estate should be sold, reserving the mines and minerals ; and the Master was directed to allow the parties all just allownces, but the decree did not provide tfor an inquiry as •to the expenses that had been incurred by the trustees in ex ecution of the trusts. The Master's report, from some cause or other, had not been made, and it was now prayed that an inquiry, as to the sums expended by the trustees, should also be made. Mr. Pemberton and Mr. Renshaw appeared in sup port of the petition, and Mr. Kindersley against it. His LORDSHIP said, that it not being denied that money had been expended, it would be unreasonable and ine quitable to exclude the parties altogether from the inquiry prayed for, because, by some oversight, it had not been included in the decree, and that the parties should have the benefit of the investigation made by the trustees, and nokpay the expenses. He thought, how ever, they had reason to complain of neglect on the part of the defendants, in not bringing the matter for ward at an earlier period. He should, therefore, direct an inquiry whether any and what sums had been properly laid out by the defendants in search for mines, and that a report should be made thereon, with the general report, without delay, and that that report should be brought on for confirmation when the case was brought on for further direction, on the report then to be made. He thought the petitioners ought to pay the costs of the application, but that the question of the costs of the report should be reserved. VICE-CHANCERY—(THIS DAY.) (Before Vice-Chancellor KNIGHT BRUCE.) The Court was engaged the whole morning in hearing causes which involved no feature of public interest whatever. (Before Vice-Chancellor WIGRAM.) his HONOUR took short causes this morning of no ge• neral interest, and rose before 12 o'clock. QUEEN'S BENCH.-(THIS DAY WALTON V PENFoLD. This was an action brought by the lessee of turnpike tolls in Surrey against the Trustees of the Surrey Roads, to obtain possession under the 29th Geo. 111. The case was tried at Kingston at the last Assizes, and a verdict found for the plaintiff. Mr. WRANGHAM now applied for a rule to set aside the verdict, on the ground that under the statute in question the plaintiff had no property in the tolls. The LORD CHIEF JUSTICE said, that this ease involved an important question, which was already under the con sideration of the Court in the case of a Bridge Company, and wished therefore that the present case should stand over. However, take a rule to show cause. CHAPMAN. V. WHITE. This was an action brought upon some bills of ex change and a balance by the Newcastle, Shields, and Sunderland Union Bank, and the Sunderland Sail Cloth Company. The case was tried before the Lord Chief Justice, and a verdict found for the plaintiff in 9,1781. 6s. 9d. The ATTORNEY-GENERAL now moved for a rule to enter on a nonsuit on th e p oints re served, of which we understand the principal t o be, th at one of the plaintiffs, and was also sub s t an ti a ll y one o f wa s manager of the Sunderland B ranc h o f M the r. the defendants , in asmuch as he was a Director , and had u C n h i a o y n te c r o , generally acted as Chairman of the Sail Cloth Company, at the time the transactions out of which this action arose took place, and that he had since divested himself of the latter character with a view to this action. The Attorney-General contended that against the defendant White especially, who had become a Director since, the plaintiff Chayter could not transfer his own liabilities. The LORD CHIEF JUSTICE said the question was one of considerable importance, and he recommended the parties to make a case. The SOLICITOR-GENERAL, who was for the defendants, would confer with the Attorney-General, in order to agree upon the course to be taken for a determination o he law points. SMAWLEY V. NAGNAIr. paper manufacturer. Th e act i on was The plaintiff is ..,. a rag-merchant, carryi ng on b us i ness 1 in Nottingham, and t he defenda nt is an Alderman of a quantity of rags, which were returned by the defendant, after the market price had fallen, on the a lle g ed g r ound that the bulk did London,brought to and e nfo a rce the payment for not agree with the samples. The Jury found for the plaintiff. Mr. Humniamt moved for a rule for a new trial, on the ground that the verdict was against the , evi dence, which attempte d t o show that Alderman i Magna7 had altered he samples in w i lcr "- - - ..... • ..v EVENING SUN THE LATE LORD SYDENHAM. evade his contract. It was of great importance to the defendant that such an imputation should not lie upon him, and, certainly, as was the opinion of the Judge on the trial, the evidence was by no means sufficient to bear t out. The Learned Counsel went at some length into he evidence, to show that the bulk did not agree with , c samples, and that, in reality, the latter were proved in the same state as furnished by the plaintiff. ,ule nisi granted. MARGATE PIER COMPANY V. HIIIIST. to be The defendant is a coal merchant, who, since the erec- tion of the Margate Pier, had been accustomed to land coals upon that erection, paying to the Company a toll of 4s. per chaldron, according to the Act, 52, Geo. 111., c. 186. But in 1835, the Metropolitan Coal Act, the Ist and 2d Will. IV., was passed, by which coals were directed to be sold by weight, and all contracts respect ing coal, wherein the term " chaldron" was used, that term should be understood as equivalent to twenty five cwt. But in the General Coal Act of the same year, which applied to the whole kingdom, except the metropolis, there was no provision for such a change of the measure into a denomination of weight ; but there was a clause enabling parties to apply to th jus tices in Quarter Sessions whenever any dispute arose. The mode in which the Margate Pier Company chose to apply the Act, in the adaptation of their rate of tolls to the altered denomination of coals, gave great dissatisfac tion to the coal merchants, who refused to pay the new rates. This action was brought to try the question, and a verdict was returned for the plaintiffs. Mr. DILE this day moved for a rule for a non-suit on the ground that the •claim of the plaintiffs was contrary to the legal interpretation of the Act ; according to which he contended that the defendant had overpaid the plaintiffs in the amount to which he had consented to pay. The COURT considered the verdict well found, and re fused the rule. DAVIS V. TILE CORPORATION OF SWANSEA. Mr. JAMES applied for a rule to set aside the verdict for the plaintiff. The action, which was tried at Gla morgan before Mr. Justice Erskine,ag ainst the brought the new Corporation of Swansea by the plaintiff, who had been treasurer, collector, and common attorney to the old Corporation, to recover compensation under the Municipal Corporations Reform Act. The Mayor and Council disallowed his claim (9731.), on the ground that he had not properly set forth the amount of his income derived from the office during the previous five years, as the Act required. The plaintiff, instead of rendering . a detailed account, stated the average of his income in those five years to have been 641., the value of which, taken as an annuity for life, was the sum laid in his de clatation. Mr. James contended at great length, on the part of the Corporation, that the plaintiff had not com plied with the Act, and therefore that the verdict in his favour could not stand.—Rule nisi granted. COMMON PLEAS.-(THIS DAY.) BARTHOLOMEW V. CARTER. In this case, which was an action against a Middlesex constable for false imprisonment, and which has been re peatedly reported in detail, a verdict was given for the plaintiff in 40s. damages. Mr. HUMPHREY this day obtained a rule to deprive the plaintiff of his costs, under Lord Denman's (the Frivo lous Suits) Act, inasmuch as the Judge did not certify in Court immediately upon the delivery of the verdict, as the Act requires. GIBSON V. BRAND. ';he plaintiff and defendant are silk-manufacturers, and the action was brought for an infringement of the plaintiff's patent in an improved process of manufacture, by which the gum is more effectually and at less cost re moved, than by the operation previously employed. The Jury found for the plaintiff on some of the pleas, but generally that there was no infringement ; with other special findings. Mr. Sergeant CHANkELL, after an argument of great length, and a minute detail of the technical peculiaritie's of the processes employed respectively by the two par ties, obtained a rule nisi to enter a verdict for the de fendant on all the pleas. IRELAND. DUBLIN, Nov. 2.—lt appears that Mr. Lefroy is to obtain the Judgeship rendered vacant by the retirement of Mr. Justice Johnson. Baron Foster, it is stated, is to go to the Common Pleas, as the successor of Judge John son, and Mr. Lefroy is to become the Junior Baron in the Exchequer, in place of Baron Foster. The appointment of Mr. Lefroy—the most thoroughly Orange partisan in the country—to a Judgeship com pletely throws off the mask put on by Sir Robert Peel, Lord de Grey, and Lord Eliot, at the formation of the Tory Ministry. At the Orange meeting held in Marlborough-green, in this city, in 1829, Mr. Sergeant Lefroy declared that the passing of the Catholic Emancipation Bill would ab solve the Protestants of Ireland from their allegiance. In the autumn of that year, the late Chief Baron Joy waited upon Mr. Sergeant Lefroy, and intimated to him that the Duke of Northumberland, then Lord Lieutenant of Ireland, considered him so decided a partizan that he would be unfit to act as a Judge of Assize in place of one of the Judges who had been unable, on account of illness, to go circuit. In consequence, Mr. Lefroy at once resigned his sergeantcy. Yet this is the man whom Sir Robert Peel, Lord De Grey, and Lord Eliot, after all their professions, consider fit to fill the judgment -seat in Ireland ! Even to the Tories, such an appointment is utterly disgraceful—it is really infamous. EXCHEQUER..—(THIS DAY). (Sittings in Banco.) WILLIAMS V. BAILEY. In this case an action having been tried on a bill of exchange, and a nonsuit obtained by the defendant, Mr. Cresswell moved to set aside the nonsuit, on the ground that the act of one partner must bind the other. , • Rule refused. INSOLVENT COURT.-THIS _DAY IN RE LADY FANNY HYDE PARKER. The insolvent in this case was the relict of the late Admiral Sir Hyde Parker. She has been frequently ex amined in Court, and all the facts of the case have been already before the public. Mr. Cooke, the insolvent's counsel, said the case had been aheady heard by the Learned Chief Commissioner, who ordered its adjournment for service. Ills client vt as very far advanced in years, and was in very delicate health. In the schedule a debt of 4201. was stated as due to the estate, and at the time it was doubted whether the person owing it was solvent, but it had been since ascertained that he was, and this sum further will be available to the creditors tothe amount of 7s.in the pound. Mr. Commissioner LAW said the case had been already closed by his Learned Colleague, and he could not think of entering upon it again. He could only adhere to the judgment as recorded in the book. FALL OF EARTH . ON THE CROY DON RAILWAY. The trains were stopped from running yesterday morn ing, between the Now Cross and Dartmouth stations, in consequence of a slip of earth, to the extent of 20,000 yards, having taken place, at eleven o'clock on Tuesday night, from the banks of a deep cutting, rather more than a quarter of a mile south of the New Cross station, on the first inclined plane therefrom towarda Croydon. The earth has slipped in from both flicks of the embankment on the rails, and covers them to a considerable depth. It was so far fortunate that as the half-past eight o'clock train passed a partial giving way was observed, and information of it hay ing been forwarded to the London and Croydon stations the trains were stopped for the night. The Directors were immediately apprised of the circumstances, and Captain Heaviside and other Directors instantly as sembled, and determined upon contracting with Messes. Wheatley, the coach proprietors, for the convey ance of the passengers going to and returning from London on the Brighton, Croydon, and London lines, on that part of it between New Cross and the Dart mouth Arms station. Several engines, with carts a;.- tached, and a great number of men, were employell in clearing the rails, conveying the soil down the incline towards Cold Blow Farm, Deptford, where it is shot over the western embankment ; and it is fully expected the rails will be clear in a few days, as the clearing of the last Brighton railway slip, at Merstham, was completed on Tuesday night, and the men employed at that are now available to assist in this one, which it appears has taken place through the unprecedented state of the embank ments, resulting from the immense quantity of rain which has recently fallen on them, which are constructed upon an incline of two feet to one foot rise. The number of inert employed in removing the earth has been increased to 500. The Brighton Company are only running five down trains, and four up trains, in consequence ; but will increase them to seven each way when the line is again clear. The Croydon Company have also discontinued nine trains per diem. A con tinued crowd of persons have been at New Cross to see the passengers arrive and depart by the omnibuses. The train from Croydon, upon arriving at the place, was stopped by a signal, and the passengers were conducted by the guards over the slopes, or top of the embankment, to the other side, where a train was in readiness to take them to London. So near was the Brighton up-train hat it caught the end of the fall of earth and escaped. OPENING OF TERM. November Term commenced this day. The Lord Chancellor, Sir E. Sugden, presided in the Court of Chancery. Twenty-five new Barristers were admitted, seven of whom took the Roman Catholic oath. The new Chief Justice of the Queen's Bench (Mr. Penne father) did not appear in Court. THE NEW CORPORATION. Yesterday the Lord Mayor was detained for a con siderable time at the Assembly-house after the adjourn ment, the crowd in the surrounding streets being so dense that it was with great difficulty and delay his car riage could be brought to the house ; and to induce the vast multitude to disperse, he presented himself at the front window, dressed in his scarlet velvet robes and cocked hat. This was the signal for cheers that were perfectly astounding. The street presented a most animated appearance, the windows, to the very topmost, being filled with spectators, principally ladies, who, by waving of handkerchiefs, marked their participation in the general feeling. After an interval of some minutes had elapsed before comparative silence could be obtained, his Lordship addressed the multitude. He said it was a great day for Ireland.—(Great cheers.) He wondered did they know him as Lord Mayor.—(Cheering.) That day was one of triumph for the principles of civil and reli gious liberty, and that, too, in a spot where they were never heard of before.- Were there, he asked, any tee totallers in the vast assembly which he saw before him ; and, if so, he trusted they would celebrate that triumph temperately and good humouredly, and that they would imitate his example by emptying their glass in the evening, but they should recollect it was only to be filled with water.—(Cheers and laughter.) Oh I what a great day that was for old Ireland, when the Lord Mayor of Dublin was a Repealer. It was only a fore taste of what they might expect for their country, when she should enjoy their own independent and pro tective Legislature.—(Loud cheers.) He begged of his friends, after the triumph they had achieved, and, as he was fatigued by the labours of the day, to retire peaceably and quietly to their respective homes, promis ihg them that it would not be the last time they should have the pleasure of seeing him.—(Cheers.) The Lord Mayor then descended and entered his pri vate carriage, still wearing his robes. It would be ut terly impossible to describe the enthusiasm with which his presence was hailed by the people ; the successive peals of acclamation which rapidly followed on each other were literally deafening. But here numbers were doomed to disappointment ; .not only those, the great bulk of the assemblage, who had in vain expected a pub lic procession, notwithstanding every assurance to the contrary, at least Tor the present, but thousands who had congregated in College-green, particularly about the statue of King William. Instead of taking this course, his Lordship, with whom was his secretary, Mr. O'Neil Daunt, proceeded up William-street, passed through King-street South, and across the Green to Dawson street. '.i. here the carriage stopped before the Mansion house. His Lordship having alighted, entered the Man sion-house, went through some of the apartments, and, re-entering his carriage, proceeded to Merrion-square, where thousands had already assembled to await his approach. At about half-past three his Lordship alighted from his carriage, and entered his house amid the most en thusiastic outburst of popular joy we ever witnessed. After silence was restored, his Lordship took off his hat, and addressed the people for a few minutes to the following effect : " A greater revolution has never occurred than that which has been this day consummated. Fifty years ago who would have ventured to say that I should be Lord Mayor of the City of Dublin ? Yet I now address you as the Chief Magistrate of this great metropolis. Let them, then, tell me, if they dare, that I won't carry the repeal of the Union, and that I, who am now the Catholic Lord Mayor of Dublin, elected by the popu lar voice, shall not have the still greater honour of being elected to serve you in the Irish House of Commons. Yes, I shall yet address the Speaker of the Irish Parliament in College-green.—(Tremendous cheers.) Now that I am the guardian of your rights, it shall be my duty to use every energy to promote and advance the interests of your city, to encourage morality, and discountenance vice. In doing so, one great means shall be to use my utmost endea vours for the spread of teetotalism. Oh ! give me my honest teetotaller. My friends, you have gained a great and a glorious triumph—you have gained that triumph in a manner worthy of yourselves—your triumph is one of peace—that of liberto over oppression—of religious equality over sectarian exclusiveness. In your struggle for this great end no riot, no tumult, no bloodshed has characterised your proceedings—there is nothing to cloud your joy. Enjoy, then, your triumph in the same spirit as that in which it has been achieved. This is, indeed, great day for Ireland. We can triumph over the ene mies of our country without injury to any man—without insult, or molestation, or offence. We want to be su perior to none—we are now their equals in everything, and it is not for us to seek for more—we never wanted more—we are satisfied with equality—we now have it carried into practice. (Loud cheers.) lam now your chief magistrate—to me you have en trusted the peace and tranquillity of your city. I need not tell you that in that capacity I will, to the utmost of my power, exert the strictest impartiality, and in every tb ing, I know, I can rely on your support and cordial 00-operation.-(Cheers.) His Lordship retired from the balcony amidst the most , deafening cheers. The vast concourse, whose conduct on this day of national triumph had been marked through out by the most exemplary order and inoffensive demea nour, then retired, and the most perfect tranquillity reigned in the city during the remainder of the evening. THE NATIONAL REPEAL ASSOCIATION. 'The weekly meeting of this body was held to-day at the Corn Exchange. Shortly before one o'clock the Lord Mayor entered, and was received with loud and Pooled cheerin; when, on the motion of his Lord sh dp, Mr. Markey was called to the chair. After the announcement of contributions from Eng le' id and America, Dr. MURPHY g are an account of his mission to the county of Sligo, for the purpose of aiding in the registry the re. Lord Palmerston was giving his best assistance to I us numerous tenantry to register. 1 dr. O'CONNELL was.delighted to hear that Lord Pal merston was now looking to the state of the registry in the ,t county in which he had so much property. He had no doubt that in a short time the Percivals and Folliotts wol aI be driven from the representation of Sligo. Lord Pal m erston was a statesman of the first order; by his po- THE POLICE COURTS' ACT. hey - fi B. ten years he had preserved the peace of Europe in the midst of difficulties, and added glory to the Brit ish (FROM A CORRESPONDENT.) For some time past representations have been made toweek as declared to be name in several parts of thelobe.—(Cheers.) the Secretary of State, and also to the Commissioners Th. ere peal rent fort e pastw of Police, complaining of the inconvenience that existed 2961. 15s. Bid.—The meeting then adj___'ourned. in the district of the Croydon Police, a consequence of THE QUEEN DOWAGER. _ the present defective arrangements in reference to the e following bulletin wa s received at Marlborough attendance of Magistrates to dispose of the cases brought ' • Hoar se this morning : by the police. Our readers are aware, that, by the provisions of the New Police Act, the Metropolitan Po th‘ night,ml'heQueaenndDhoewragmera je h s a t s y slept at not qienitteerveaelsideuhrighingd lice were empowered to act, under an Order of Council," DAVID DAVIS, M.D. within fifteen miles :of London ; and the P division of th Police, in accordance with that Act, have, for a consider- "iu Sudbury Hall, 1641." CO URT CIRCULAR. able time, been extended to Croydon , a nd four or five miles below that town ; but, although the police are ner Majesty and Prince Albert took an airing yester extended, the new Act of Parliament is itself almost a d It afternoon, attended by the Maids of Honour in dead letter, inasmuch as it requires two county Justices \ at least, in number, to be enabled to act upon it ; and , Vaiting four. Colonels Arbuthnot nd Wyld in a carriage and were in attendan ce on horseback. as it is with very great difficulty, occasionally, that ‘- His' Royal Highness Prince Albert, attended by Colo one Magistrate can be obtained, it occurs that the provisions of the Act are seldom or ever nel Wyld and C a p tain Francis Seymour, rode out on horseback put in force. There are ten resident Magistrates in the neighbourhood, but as roost of them are gentlemen con- The jleyylelstedrideanye,ra party yooant Buckingham Palace, last . venine, included the Earl of Liverpool and the Earl of nected with business in London, and who go to town every day, and others live at a distance from Croydon, Th e Band of the Co ldstream Guards attended at Buck and very seldom go there, the whole burden of the hi...el- Ingham Palace during the evening. . mess rests upon two or three gentlemen, who deserve, The following Bulletin of the health of her Majesty great credit for the services they render; but it fr often the Queen Dowager, was received in town yestere,ay : necessarily happens that they are unable to come to " The Queen Dowager has been much disturbed by Croydon, and the police have them to send about in. all cough during the night, but her Majesty is not worse directions to find a Magistrate, and in the meantime the this morning. "W. F. CHAMBERS, M.D. prisoners are detained in custody, frequently . for an ex- " DAVID DAVIES, M.D. tended period, the witnesses are kept waiting, and at " Sudbury-hall, Nov. 2, 1841." times it is found necessary to send the prisoners back Flex Royal Highness the Duchess of Gloucester gave to the police-station for another day, or till such time, a dejoame yesterday afternoon, to the Royal Family, at if it is a serious case, as a Magistrate can Gloucester House, in honour of the Birth-day of the be obtained. Another inconvenience arises from Princes s , ophia. There were present their Royal High this state of things. The police have no place of the i r nesses r acesses Augusta and Mary of Cam brid g e, and ‘e Duchess of Kent, the - Duchess of Cambr id g e, the own to which y can send a prisoner for safe custody , be Pri, and they are obliged to send him to what is called the, 'tines George of Cambridge; and also his Serene High cage, or town gaol; and for every prisoner the parish a t Croydon makes a charge upon the constable who bri - a g e lit •" 5 Pi Ernest of Hessehili psthal. him, of so much per day; and as there are no ends , R in o e y e al Highness Prince Ge P orge of Cambridge ar- Tweet e from whence repayment can be obtained, the cons' ery often have to pay this sum out of their own r oc:kets, g evenin from Dublin. t his residence in St. James's Palace on Tuesday It is very necessary either that a police court slierild be erected in that district, or else that some other m eans te cessef Augusta and Mary of Cambridge, Duchess of Cambridgz accompanied return dthrhbyethd teePicrien; should be adopted to put an end to this incosivenirlnt state yes rday afternoon. . of things. Hon. J. D. Bloomfield, 'Ala; Ted with despatches from the reached Aberdeen, r. Murchison, President of the Geological St. Petersburgh, to the Earl o_ tfseven nionthi, during P .wn last night, after an absence o arts of the Russian which he has visited many distant p Coin empire,.the South Sea Cons- Chairman of f the Ex- - Mr, Charles Franks, . .Society, c aer yesterday, at his terview with Sir Robert I 'any, bed an interview e t roe h had an in Le r d Ellenboreni residence in Downing-street, on Pe. V, at his nifi ci ' wish the Chancellor e :Omelet residence, in Downuig• SIERRA LEONE. —The state of things in this settlement is thus described by the recent emigrants to British Guiana, some of whom are acquainted with in dividuals in the African regiment lying at Demerara. They say that they are laying out the land in large estates for the growth of colonial produce, and that the natives from the Bullom country, the Mandingos, Conga, and Foulahs, are pouring into Sierra Leone across the boundaries for work—that by these large estates b e i n g formed, they have been obliged to give up the -, 2 - I ground they hitherto held, and to retire farther into the - ti('* aY. believe 11 son to interior, near to the na9untains—that, rather than do W e have reason six ships of the line proceeding believe that. the statements made restive to this, they resolved to enf:grate, and that there are thou- l t ly sands who will ‘ 1 !:, the same. - They state that provisions 1 f a re e rti ' Toulon a tci d that those six vessels are to form a are very ‘ft, e sp at Sierra Leone, and that they can ee.rn i s iac orre of ol;iservation which the French Government Brest for the purpose of being disarmed, "..1:3, 4 d.. per diem for agricultural labour.—Jantaim, sq u se iron to e mploy on lie coast of Spain.—ilerald pu) i oses I Paper, Sept. 17. - As every thing connected with the latter moments of this lamented Nobleman will be interesting to the public., we arc happy in being able to lay before our readers a correct statement of the symptoms, &c., of his Lordship's mortal illness. At six o'clock on Saturday, sth September, on his re turn from riding, Lord Sydenhatn's horse stumbled and fell on his right side, by which accident the right leg of his Lordship was thrown under. The horse was soon on his feet, and moved forward for some distance, dragging the rider with his foot in the stirrup; from which posi tion he was soon extricated, and carried to his residence, then close at hand. On the arrival of Mr. Farnden it was ascertained that the tibia was fractured obliquely to the extent of two inches, about two-thirds from the knee, the fabula being entire. There was also a large circular and ragged wound of considerable depth immediately above the patella of the same limb, which it appears had been inflicted by the angle of a large stone against which he bad been dragged. The bone was at once adjusted, and the limb placed on a pillow, where it remained undisturbed till next morning, when Dr. Sampson was called in, and assisted in putting it up with a, many-tailed bandage and splints. no inflammation having arisen to forbid such applica tion. His Lordship passed this and the following night with comparative ease. The wound above the knee eon tinued for some days to assume a sloughing appearance, which, however, was replaced by a healthy granulating surface. It was, however, afterwards necessary to open a pending sinus of an inch and a half in extent, which also proceeeded towards healing kindly. No difficulty was, therefore, apprehended from this source. On the morning of the fifth day it was thought necessary to place the limb on a double inclined plane in a fracture box, where it remained tranquilly for a few days. On the 9th day his Lordship stated that he had felt during the night, at certain intervals, three severe spasms in the wounded extremity—extending from the groin to the foot, by which the limb was on each occa sion so violently agitated as to produce crepitus evi dent even to the ear of the patient. The limb had been examined on the previous day and found going on extremely well towards union—but now on removing the bandage, and examining the kg, complete dissolu tion of union proved to have taken place ; the broken surfaces moving on each other with freedom. All tume faction had by this time subsided, leaving however eon- . siderable chemocis. It was now thought necessary to place the limb in a more secure state, and accordingly slips of wetted pasteboard, surrounded by a long roller, were applied, and the extremity placed in a well ad justed and padded hinged splint, of an approved con struction. The spasms continued to affect the limb in a minor degree, though still sufficient to produce crepi tus ; but as it was impossible that any considerable dis placement could now take place, it was not thought ad visable again to remove the dressings. Daring the whole of the above period there was great restlessness—his Lordship seldom sleeping more than an hour at a time. He was constantly anxious for a change of position, and required moving very often. A sling was therefore placed between two standards, fixed to opposite sides of the bedstead, on which the apparatus was placed, so as to obviate concussion, in the event of spasm, or other movement of the body. The spasmodic movements of the limb never entirely subsided, nor did the accompanying crepitus. About this time the patient complained of slight soreness of the throat, which, at the end of three days, produced inabi lity to swallow anything but liquid, sucked through a tube. It appeared at first to be an attack of epianchaa tonsillaris, such as might be expected to arise from exposure of the uncovered surface of - the body to the air. It soon, however, became but too evident that the muscles of deglutition had partaken of •the spasmodic character. Blistering externally, and the usual nine dies,, were therefore applied. On the morning of Fri day, the 17th, very violent elonic spasms, returning at short intervals, assailed the muscles of the abdomen, as well as those of respiration, and in a few hours after wards the lower jaw became locked, and partially closed. All means which could be suggested on this emergency were resorted to by the medical attendants, who were by this time joined in consultation by Dr. Widmer, of To ronto. Every alarming symptom now progressively in creased, and his Lordship expired at five minutes after seven o'clock on Sunday morning, the 19th inst., imme diately after the cessation of a violent spasm. The frac tured bone was found, on examination, to have under gone no union, though lying in the most perfect opposi tion.—Kingston, Canada, Sept. 21, 1841. MUNICIPAL REFORM. In the little independent borough of Andover, four To ries quitted office on the Ist,' and stood for re-election. They were opposed by the Reformers, and never has a contest been carried forward with such determined spirit on both sides, as was witnessed upon this occasion. The Reformers obtained a most triumphant victory, having won the whole number, viz.:— REFORMERS. T. H. Mortimer Hugh Mundy W. F. Bridger ll4 Samuel Shaw 110 TORIES. John Holloway H. Thomson 92 = W. Poore 72 T. H. Parker 474 Majority for Reform TEWKESBURY. — The election for four Town Council lors here has returned all four Liberals. There is not a Conservative in the Corporation. WORCESTER.—The Tories contested every ward most resolutely. The election took place on Monday. '1 n Liberals and two Toriea have been returned. 333 GREAT NORTH OF ENGLAND RAILWAY. Traffic returns for the week ending Nov. 1, 1341 : Passengers £941 18 5 Merchandize 534 6 11 Darlington, Nov. 3. £1,476 5 4 D. O'BRiEN, Secretary. MISERIES of the POOR in LONDON. It is painful to turn our thoughts from the luxurious living which obtains among the higher, and, to a great Extent, among the middle classes of society, to the con templation el the miserable living which prevails among the lower classes. Myriads of the latter grope and grovel in families of from seven to fourteen, in mi serable hovels, many of them underneath the ground, without grates, without glass windows, or indeed win dows of any kind ; the only light and air being admitted through the horizontal door. Here, amidst damp and filth, and without a breath of fresh air from one year's end to the other, do whole families mess together as if they were so many pigs. St. Giles's, the neighbour hood of Drury•lane, St. George's.io-the-Fields, and im mense districts in the eastern parts of the metropolis, are among the localities in which these appalling scenes are to be witnessed. And the wretchedness of the huts or hovels to which I refer is greatly aggravated by the deplorable destitution of the unhappy inmates as regards food and clothing. The quantities of food on which thousands of them subsist are incredibly small. Some times a whole family, consisting of from five to ten in dividuals, are compe lled to l i ve (if living it can be called) on an amount of food which would nc . it more thin suffice for a hearty mea l to a person possessing an ordary ap petite ; while, in the article of appaFel, they have scarc ely enough wh erewith to cover their nakedness.— , The Lights ,anGd reSahtadmowsetroofpoit7don L i fe, by the Author of THE MURDER AT ESCRICIE, NEAR YORK.-- Jonathan Taylor, the supposed murderer of his wife, was examined at York on Wednesday last, when the Jury returned a verdict of Wilful Murder against him, and he was committed to York Castle to take his trial a$ the ensuing Assizes. The public are cautioned against parties who are in the habit of putting advertisements in the country news papers, offering to supply the London newspapers it such prices as must convince any person, who will take the trouble to make the slightest calculation, that a fraud is intended. It has very often happened, that peons being tempted by the low prices named, have sent the parties orders for papers, and, as desired by them, EIY: a ment in advance, and in every instance, such persons T"„, been swindled out of their money. Adverusernel" `_.'i the above description have been observed to abotuonu dear late, in the country papers, and there is retoo l _ d rich that some of the London sharpers have reaPe a fear harvest by this nefarious practice. ts ;or , brought to Fifty-one of the Maltese to this island as agricultural labourers, Yolk during the week, in the bri .. ,g 1 , 11 , 1 ,,, , w hich they left people were averse to plantation 1a bee n p e rambulating some months two, and have s ine rs an d jobbers They both country and town as hackste fficient for defraying the accumulated means more than NewbuYork, and someof them, expense of passage, &c., to d of 100$ in their respective orriumreit:nhnaevelsete.ft fur New we understand, had upwards chests.—Grenada Pc_zer. onic Society have added The Sacred H h Oratorio, " The Last Judg. • a o f Spo.r at difficulty it was per the production ie s teat i is o te n. ned to every por hstanding mee t." Notwit bers on Wednesday in so excellent a a fo n r o m th e e d r b e y lai :e gairlin:teitude of the musical public by Moon : e v inced no oratorio ever produced a style that gr • .th most pro lion of it wi A APPOINTDIENTS.— (From a COP. IRISH 14 , — . W he p os c_ ) Thu Right lion. Thomas Le raspondent o 1 , al t h en t l 4- i has accepted the vacant Judgeship, caused froy, A,-2.tgnation of the Hon. Justice Johnson. Baron the Common Pleas, and Mr. Lefroy takes eater effect ofeneithee audfiaeunicled, the . This creates a vacancy in the the puisne 13aro re the-it and l d at i on of the nis b y, a rea yto eandi pretseenatre name d —George A. Hamilton, Es c i , s late M.P. dfoarethe city of Dublin, and Dr. Longfiela,F.T.C.D. We learn by a letter from Vevay that the three children of Queen Christina are now residing there. blostthere ro s e ' s to Her Majesty and her husband were staying some time at Vevay befo re the y went to l ' aris, and were so fond of ild a of Bethnal-g reen an d S p i u dfi e lds have palace upon.—B r i g h ton G a . ette . t h e place, that they have been in treaty for a piece of groTunlhade to parishes build had a large addition to the charities, by the will of Mr. ti eorge Funnier, who was a wealthy merchant in the City. 110 has bequeathed the sum of 4,000.. to each of the above parishes, the interest of which will amount to about 1501. (the money to be in the Three and Three-and-a -Half per Cents.), to be appropriated annu ally on the 22d June, his birth-day, to such deserving objects of charity as have not received parochial relief for two years. lie has also bequeathed 2,0001. to the school attached to the French Hospital, Bath-street, St. Luke's, fur the education of the ehildvn refugees. of French i ;he i cy o l e 01l '5 "C 7ilY% ‘.L iv fiti,