The Sun. — London, England, 1841-11-09 00:00:00

MORNING SUN FIRE IN MANCHESTER. (FROM OUR OWN REPORTER.) MANCHESTER, SUNDAY MORNING.—Last night about six o'clock, an extensive fire broke out in a large mill situated in Jersey-street, in this town. The mill was a very large one, and more than 350 hands were em ployed in it, and will in consequence of the fire be en tirely thrown ont of employment. The building was six stories high, and filled with valuable machinery for the preparation and manufacture of cotton. The whole of the mill , with the exception of the two lower rooms, was in the occupation of the owners, Messrs. Copley, Barrow, and Co. We regret to state that considerable delay and inconvenience occurred in procuring a sufficient supply of water, and it was not till the whole building' was en veloped in tisanes, that the engines could be brought into full play. Such was the rapidity with which the flames raged, that all hope of saving the building was out of the question. Mr. Rose finding this to be the case, directed his efforts to the saving of a portion of the building. which was separated from the mill by a partition wall. This part of the building contained the steam-engine, and a considerable quantity of machinery for the preparation of the yarn or warps, as it 23 called, before being sent to the power-loom. The mill is situ ated in the midst of a dense population, and surrounded by small cottages, with but a very narrow street between them, and great apprehension was felt by the inhabi tants as the lofty and massive walls of the factory came down with a tremendous crash at short intervals during the progress of the flames. As we stated above, the fire broke out soon after six o'clock, and by half-past nine the whole of the large mill was completely gutted, and the walls and machinery mingled together in a mass of ruins almost levelled with the street. 'We learn that the estimated loss is about 15,000 L, and that Messrs. Copley, Barrow, and Co., are insured for 10,5001. Mr. Pooley, by whom the two lower rooms were rented, is also insured, but to what extent is not ascertained. No serious accidents occurred to any of the people engaged in extinguishing the flames. THE FIRE IN THE TOWER. It having been announced that the Rev. Henry Mel ville, the recently-a - tpointed Chaplain to the garrison, had returned to England, and would preach his first sermon in St. Peter's Chapel, on Sunday morning, the greatest interest was manifested to obtain admission. The church is remarkably small, and was crowded to excess. The whole of the officers on duty in the garri son attended, and the Adjutant-General, Sir J. M'llonald, the family of Lord 11111, and the Lady Emily Seymour, were among those present. Mr. Melville took his text from the Second Epistle of St. Peter, chap. 3, v. 11—" Seeing then that all these things shall be dissolved, what manner of persons ought ye to be in all holy conversation and gadli ness," and expressed his conviction that it was the duty of ministers on extraordinary occasions like the present, assembled as they were amid the ruins of that which was once so stately, to extract from it some profitable theme for observation and reflection. In the course of his very eloquent sermon the Rev. Gentle man observed :—Lament we must the proud memorials of our national fame, which are now nothing more than smouldering ruins ; but Blenheim and Waterloo still exist in the minds of men ; and though the trophies so honourably gained be wholly lost there will be found in our country brave soldiers ever ready, when danger threatens, to defend the honour of their fatherland ; and if the wheel of the "Victory," which has so often been guided in defence of our liberties, be crumbled into dust, there is an army and a navy which will ever respond to the spirit stirring call of 6- England expects that every man will do his duty." Let those whose fame is doubt ful mourn hopelessly the loss of trophies such as these— that of England rests on too stanch a foundation to be affected by the like contingencies. But how forcible are the words of the apostle, and, standing amidst the scene of desolation around, how applicable the demand, - 6 What manner of men are ye in all holy conversation and god liness ?" FUNERAL OF WIVELL, THE FIREMAN. 'Sunday afternoon being appointed for the funeral of Richard Wivell, ene of the firemen who was killed at the fire of the Tower on Sunday week, and, in conse quence of it being stated in the papers that the interment was appointed fur two o'clock, the church and church yard of St. Saviour's, Southwark, was crowded to excess, and by the time the funeral arrived, which was just be fore four o'clock, there could not be less than from 3,000 to 4,000 people present; every spot which could afford a view of the place of interment was densely crowded. At half-past three o'clock the funeral procession left the residence of Wivell's mother, in Pitt's-place, New Park-street, Borough, in the following order :—Mr. Braidwood (the superintendent of the London Fire Bri gade), the four foremen,of the A, B, C, and D districts, after which came the coffin, the pall being supported by the six eldest engineers and deputy foremen ; upon the lid of the coffin were placed the coat and helmet of the deceased ; after which came the mourners, about 30 in number, the chief mourner being . the mother of the deceased ; and after them came 40 of the brigade. When entering the western gate of the churchyard it was with great difficulty that the police could clear a sufficient pas sage for the procession ; the coffin was taken in at the eastern door of the old church, when a most tremendous rush took place, which, to say the least, was highly dis graceful, while the gallery staircase of the new church was filled with a dense mass of persons ; and during the time the funeral service was being performed by the Rev. Mr. Barrow, persons of respectable appearance remained co vered. The interior of the church was also crowded, from it being expected that the Rev. Mr. Curling would preach a funeral sermon. While the funeral service was being performed, an acci dent of a most serious nature happened in the church yard: a boy, about 14 years of age, had climbed up to the top of one of the trees ; by some means his footing F ave way, and he fell with considerable violence on the iron spikes, some of which entered his thighs and body, and where he remained for some seconds impaled. MUNICIPAL ELEI (R., Reformer R. T. :3TION RETURNS Tory.) Aberdeen Albans (St.) Andover Andrews (St.) 9 -2 Kirkaldy Lancaster Leeds (Leeds paper) 12 ter Leices • 12 Ayr Barnstaple .. 20 4 Bath Bedford Beverly .. Bewdly Bideford Birmingham Brecon Bridgewater Bristol Bury St. Edmunds ... 6 Cambridge Canterbury Carlisle lO Chester Leith • 4 Liverpool Lyme Regis Lymington . Lynn Regis 1 Manchester l5 Mussel burgh . Newcastle-upon- Tyne Northampton 2 Nottingham . Oxford 4 Paisley Penryn Pontefract Port Glasgow 3 Chesterfield 10 Chippenham Coleih-ster 2 4 Ripon Cork _ ._ _ 7 I:Rochester Cupar-Fife Derby Devizes Dover Dublin 47 13 Stirling 6 Durnferline ...... ... 3 ... Stockport Dunbar 7 Durham Edinburgh ......... 14 4 4 2 Evesham ............ 1 n Exeter .... ..... - ..... 16 42 Falkirk 4 Falmouth G ateshead 6 ••• Gravesend & Milton - "I Guilford -6; 4 Haddingtaa Harwich Hastings Helston Hull Kendal Kingston The above returns are from the provin c i a l papers and The meagre re may ho relied on for their accuracy. turns, afforded by the local prints infurnish stv.:ll unsatisfactory' data as net to enable cases, them in the same shape as those above. I. l , l h s e to present summary will, however, give a fair idea of such f°ll"ing Reformers in majority, but no numbers :- nt : Arundel, Dartmouth, Devonport, Hertford, Hereford, Norwich, Tiverton, Greenock, Portobello, Ludlow. All Reformers wo were returned, but no numbers sent:—Lincoln, Macclesfield, Morpeth. No contest :—Newport (Isle of Wight), Richmond. All Tories :—Newark. In Scotland the Tories have done next to nothing. Perth : great preponderance on the Liberal side. In verness : the whole of the new Councillors Liberals. Glasgow : a gain of one Liberal. Inverbury, Banff, Peterhead, no numbers or statement of politics given. Tam wor di 'Truro Wallingford Walsall. . 3 5 IWar wick IWelch pool . Wigan 3 10 .Windsor Worcester Wycombe .IYarmouth .IYork Total ...531 375 Reform Majority, 156. THE QUEEN DO WA It is with extreme regret that we ha G ve E received in telligence confirming the worst f e ar s Queen re Dowager's spenting the alarming and critical state of the health. From communications we have received her Majesty from Sudbury Hall, we regret to state h has unhappily b een deprived of speech a for_ the l ast three or four day s ; an d th a t i t is only by sig ns that her M a j es ty' s wan t s an d wishes "ex pressed. The care and attention of her Majesty's me dicals a t ten d ants h ave b een i ncessant ; an d the serv ic es of the R oya l h ouse h o ld h ave b een unre mitting. It is t he express command of the Queen Dowager that the bul letins b e shown t 3 her Majesty, previous to their trans mission to Marlborough House. Immediately on the ar rival of the bulletin in town, copies are despatched to the Queen, Duchess of Kent, and Duchess of Gloucester, Dr. Chambers returned to town yesterday evening, and stiles that her Majesty is a little better, and gives some faint hopes ; but there is no doubt that her Majesty has been in great danger for some time past. A NOTHEIt ACCOUN T .—The afflicting state of debi lity, and the symptoms which indicate imminent dan ger of a fatal termination to the insidious disease that has taken so firm a hold of her Majesty's constitution, we were the first to announce, from a source in the means of knowledge to communicate the real state of the case, we could well rely. W e are sorry to state that no alleviation of t he alar m i ng symptoms has been experi enced by the illustrious sufferer ; and that, although, from the nature of the disease, a sudden termination of life uN.I not result, there is but slight hopes that medi cal skill will be . successful in arresting its progress, or even of mater ially checking its inroads upon the essen tial organs of life, for any considerable period. LAW INTELLIGENCE. COURT OF CHANCERY, Nov. 8. The LORD CHANCELLOR took his seat shortly after ten o'clock. RICHARDS V. LORD MACCLESFIELD Mr. STUART said that his Lordship would recollect that the case of Richards and the Earl of Macclesfield was a few days since ordered to be transferred from the paper of Vice-Chancellor Knight Bruce to that of the Vice-Chancellor of England ; connected with the peti tion in that case Were three causes, all of which were set down for hearing before Vice-Chancellor Knight Bruce, and as it was most probable that upon the hearing of that petition the form of the decree to be pronounced in all these causes would be determined on. he had to ask that they might also be transferred to the paper of the Vice-Chancellor of England. The LORD CHANCELLOR, after inquiring whether all parties consented, and being informed that they did, made the order as asked. IN THE MATTER OF JANE HOE, A LUNATIC, DECEASED. Mr. PURVIS applied in this Case on behalf of the indi vidual who filled the office of executor, committee, and residuary legatee of the lunatic who was dead, that he might be excused from pissing his accounts, that the costs of an arbitration which had taken place might be taxed and paid out of the funds of the lunatic, and that after payment he might be entitled to the residue of the lunatic's property. His LORDSHIP made the order as prayed. BRIERLEY V. BOUCHER. The COURT then proceeded to hear the further argu ments on this part-heard appeal from the j udgment of his Lordship the Master of the Rolls. The only question in the case was whether under the will of Owen Gray, Nathan Gray, his son, took an absolute interest in the property in question or only a life estate. The Master of the Rolls decided that Nathan had an absolute in terest, and from that decision the appellant presented an appeal. Mr. Bethell and Mr. Metcalfe appeared for the appel lant ; and Mr. Richards and Mr. Steed Girdlestone supported the judgment in the Court below. His LORDSHIP, at the conclusion of the arguments, said that his present impression was in favour of the decision of the Master of the Rolls. He would, how ever, read the bill, and should his present views be changed by that reading he would let the parties know. —Judgment deferred. PEPPERCORN V. PEACOCK. This case came before the Court upon the certificate of the Court of Common Pleas. The bill was filed by the plaintiff; Mr. Peacock, together with a person named Harrod, who were the trustees for sale of the property in question, for the specific performance of a contract entered into by the defendant Peacock, for the purchase of certain estates from the plaintiff. By a conveyance sated in March, 1838, the estate in question was con veyed to the plaintiffs as trustees to sell; in that charac ter they caused the estates to be put up by auction, stating that the subject-matter of the sale was the rever sion expectant upon the death of a lady who was then forty-four years of age. The conditions of sale were, that the purchase should be completed before the 2bth of March, but in case it was not, the purchaser was to pay interest on the purchase money at the rate of five per cent. At that sale the defendant purchased a part of the property, but on inquiry he objected to the title which the plaintiffs derived under the will. Upon this objection being raised, considerable corres pondence passed between the solicitors of both parties, and ultimately the plaintiffs filed their bill to enforce the specific performance of the contract. Upon the case coming on for argument before the Vice-Chancellor of England he directed a specific performance of the con tract, and from this decision the defendant appealed, and upon that appeal being argued before Lord Cottenham he directed a special case for the opinion of the Court of Review as to whether the plaintiff's under the will had a good title to the estates in question. That special case having been argued before the Court of Common Pleas, that Court certified that a good title had been shown, and in that state of things the case now came before the Court. The Court of Common Pleas having decided in favour of the title, the principal questions now for consi deration were as to the payment of the interest by the defendant and the costs. Mr. TINNEY and Mr. TENNANT appeared for the plaintiffs, and contended that the defendant ought to pay interest, at the rate of five per cent., and all the costs. Mr. GIRDLESTONE and Mr. WRAY, on the part of the defendant, submitted that, in consequence of the circum stances that had taken place, the defendant was not bound to pay interest, and that the costs ought to be borne by the plaintiffs. The LORD CHANCELLOR, at the conclusion of the ar guments, gave judgment, decreeing a specific perform ance of the contract of the purchase, ordering the de fendant to pay three per cent. interest upon the purchase money, and directing each party to pay his own costs. ROLLS' COURT, Nov, 8. RANELACH V; RANSLAGH. Mr. PEMBERTON, with whom was Mr. ROMILLY, moved for an order to the Accountant-Ganeral to transfer to the petitioners, Ann Marston, the repre sentative of Sarah Antonia Jones, a certain fund be queathed to her by the will of her late father, and which was now in custody of the Court. The testator, Thomas Lord Viscount Ranelagh, made is will on the 20th August, 1814, and a codicil thereto on the 18th December, 1818. By this codicil he be queathed to his daughter, Marianne Jones, 2001. to he paid forthwith; to his daughters Sarah Antonia Jones, and Louisa Jones, the sum of 4,0001. sterling each; and to his two sons, Thomas Cowley Jones, and Thomas Edward Jones, 2,0001. each during their natural lives, with legal interest at 5 per cent., to be paid to all of them in equal quarterly payments, commencing from the day of his decease, till his son, the Hon. Thomas Jones, or, his heir in entail, attained his or her 21st year of age, and in case of the demise of any of the above parties without legitimate issue, then his or her proportions to be divided equally amongst the sur vivors; and the testator's son, the present Lord Rane lagh, was appointed residuary legatee. A bill having been filed, it was contended ou behalf of the two daugh ters and two youngest sons, that they took an absolute interest in their respective legacies, on the ground that the gift over in case of the derniso of any of them without issue was to be referred to an indefinite failure of issue. The case came before the Master of the Rolls in 1832, and his Honour decided that the presumption was that the testator had not . in contemplation an indefinite failure of issue, and his Lordship directed the sums to be secured in Court, and the dividends paid to the legatees for their respective lives, with liberty to any person to apply on the death of each legatee, and on appeal the Lord Chancellor (Lord Brougham) confirmed the judg ment of the Master of the Rolls. One of the legatees, Sarah Antonia Jones, being dead without issue, Mr. PEMBERTON applied on behalf of her executor to transfer to her her portion of the funds in Court, and contended that if ally .of the legatees died Without issue, the testator intended the gift over should take effect. Mr. TINNEY and Mr. Exec on bel:alf of Thomas Cow ley Jones, and Mr. KINDERSLEY 01 t behalf of the other surviving children, contended that the death of the legatee could not determine that e took an absolute interest. The Court having said that she was not en titled to it when the case came Tx fore it on a former occasion, it lay upon them to show that though not entitled to it when the decree was; pronounced, subse quent circumstances gave it to her, but the circumstances that had occurred, prevented the possibility of her having a better interest. Mr:TuaNER argued that the fund should be divided, and one-third be given to each survivor. Mr. PEMBERTO - N rose to reply, W hen Ilis LORDSHIP observed, that b e feared the decision of the Court was binding upon him, and requested to hear the Learned Gentleman on th: it point. Mr. PEMBERTON said they mus t altogether discard the report, except as a legal au6aor.ty. This legacy having been carried to the separate account of this lega tee, that legatee was entitled to present a petition for the purpose of obtaining payment. And lest his Lordship should say, that to make this order con clusive against the right of the party, it must be so clear as to prevent doubt, the only proposition in support of this argument was to suppose the parties entitled now were entitled at the time when the case came before the Court. It that could be maintained, he admitted they were concluded, but otherwise not. The simple order being to carry the fund over to the se parate account, and the dividends to be paid to the legatee for life, with liberty for other persons to apply at her death, what he was asking was not inconsistent with an absolute interest. lie would, therefore, submit to his Lordship that in conformity - with the practice of the Court, whatever weight migh t be given to the authority of this case, there was nothing in the order . produced t o exc l u d e th e r i g h t o f t h e repre sentative of this lady f rom s a yin g th a t, i n th e event which had h a p pene d , no person cou ld c l a i m i n competitio n w i th him, and therefore he hoped the Court would mak e the transfer to him. stances Lord T statement * ...ANGDALE.said the case came on under circum- • of extreme difficulty He must as sume, in the ab sence of any in the case contended beyond all doubt it was il l fo to the contrary, that the very point to-day was made •in the pleading; and a claim then bein focussed at the hei :ring of the cause was entitled absolutely t m e at is that Sarah Antonia Jones deter mined that she was entitled tkis money to her account, and to an order to place legacy,the Court ordered the dividend to be hidpa to her with liberty to " a abso lu a teli ng e negativ e d by at her the from that that tdheaatt claim He o fctohuilad lad n o y t w h c o l s to any toapply t interest,t ivoenof probabilitytha that ri or t„ behalf of Court, because notwithstandi n claim to be afterwards raised a children, there being then an to be vested, it seemed to him irscumbet alleged Court to decree specifically that the right existed Ono It, there: do that which would amount to a ne r ,e and he thought the Court had done the, latter. fore, appeared to him that, under the fo rm of the order, he was precluded fro m decision. If it I :ere not so, then' came the question, whether, there bei ag no d ec i s i on i n tliecascthere would be authority binding him to net ; but all preceding authorities being in favo:ar of such a con clusion the cuestion was, whether he . - was rot hou n d to adhere to those authorities , an d whet her it would be con sistent with his duty to make a decision to that effect directly contrary to that of pre:eding Judges. If both these difficulties were got rid of, he should still have exceeding difficulty. The, words appeared to him extremely doubtful, and he must have taken considerable time to consider them, but under the circumstances, he thought himself' precluded. He thought it, however, better not to say further, be cause, if the parties had a right, they - glad a right to bring it before a t r ib una l, no t f et t ere d by the decision in the case. The costs must be costs in the cause. VICE-CHANCELLOR'S COURT, Nov. 8. (Before the VICE-CHANCELLOR .of ENGLAND.) Pleas,•dernurrers, exceptions, and further directions, occupied his Honour the whole morning. (Before Vice-Chancellor Winn Am.) CLAYTON V. MEADOWS. In this cause the bill was filed by the plaintiff, the Rev. Thomas Clayton, who is the Rector of the parish of Cottingham, otherwise Cottingham-cum-Middleton, in the county of Northampton, for the tithes of certain lands alleged to be within the parish. Mr. TEMPLE opened the case, at great length, for the plaintiff; Mr. COLERIDGE followed on the same side. The further hearing of the cause was adjourned till to-morrow. THE EAST INDIA COMPANY U. THE COOPER'S COMPANY. This cause, which was the eighteenth on the paper, on the application of Atr. Cooper, was ordered to stand over generally. • The Court rose at three o'clock. (Before Vice -Chancellor KNIGHT BRUCE.) BROADHURST V. BALGUY AND ANOTHER. This cause, which had been part heard on Saturday, was resumed at the sitting of the Court. It was a suit instituted by the plaintiff for a breach of trust alleged to have been committed by the defendants. It appeared that the defendant, Mr. Bryan Thomas Balguy, who was a solicitor of considerable repute in Derby, and Mr. Francis Ilert, a gentleman of large es tate in the same county, and brother of the plaintiff's first wife, had been appointed trustees under a settlement executed upon the marriage of the plaintiff with his first wife. It was charged against Mr. Ilert that he had, by great imprudence and neglect, permitted his co-trustee, Mr. Balguy, to obtain the entire and sole dominion of a sum exceeding 3,0001., a portion of the trust-fund, which sum the latter appropriated to his own purposes. The suit was of course instituted against both Mr. Balguy and Mr. Hert, but inasmuch as the former had become reduced to a state of great pecuniary embarrassment, amounting to almost total insolvency, Mr. fort, wh• was liable for the acts of his co-trustee, was the only person looked to to have the fund replaced. The bill, in addi tion to claiming repayment of the 3,0001., also prayed a change of trustees. The plaintiff totally disclaimed any imputation against Mr. Hert as having been wilfully or fraudulently a party to the application of the money to his own use by Mr. Balguy, and the consequent loss of it ; but counsel on hi; behalf submitted that he (the plaintiff) had an equitable right to sue him as being co trustee, and to obtain from him the repayment of the sum claimed. Mr. COOPER, Q.C. (with whom was Mr. Loftus Wi gram), contended that the plaintiff must have been aware of the manner in which the trust-fund was disposed of. Certain accofints had been rendered to the plaintiff by the defendant, whereby such a knowledge, namely, that of the mode of disposal of the fund, must have been at tained by the plaintiff, and this circumstance, joined with his acquiescence in the disposal of the money, which consisted in placing the fund solely under the control of Balguy, counsel submitted deprived the plaintiff of any right to succeed in the claim now put forward. The arguments in the cause were of great length, oc cupying the Court the whole of Saturday and to-day, to within a short time of its rising. His HONOUR stated that he would give judgment on Monday next, and rose at half-past three o'clock. Mr. Wilcock and Mr. James Russell appeared for the plaintiff. • COURT OF QUEEN'S BENCH, Nov. 8. STONEHOUSE AND ANOTHER V. JENT. This was an action brought to recover a sum of 12C1. for work and labour done, and goods sold and delivered. The action was brought by Stonehouse and Co. of New port, Monmouth, ship-brokers, against the defendant, a shipowner of Plymouth, for repairs done to a vessel called the Lady Hardy, and for necessaries supplied to the crew. The cause was tried before Mr. Justice Wil liams at the last Monmouth Assizes, and a verdict was had for the plaintiff's, damages 1231. A rule for a new trial, and to set aside the verdict on the ground of mis direction, and of its being against evidence, was after wards obtained by Mr. Richards. Mr. WAKELY now appeared to show cause against the rule. The facts, as they appeared at the trial, were briefly these. The Lady Hardy was built in America, where she was purchased by a person named Nichols, a merchant of Plymouth. Being desirous to sell her, an offer was made him by a man named llawksmith Of 800/. Nichols accepted the offer, but Smith not having the money, applied to the defendant, Jent, to advance a part of it. and Jent accordingly gave two bills of exchange for 2501. each, Smith giving a mortgage upon some premises to pay the remaining 3001. A bill of sale was accordingly made out to Jent, who was thereby legally constituted the owner of the vessel, and was to receive her earnings until the money was paid, Smith having authority to pledge the credit of the owners for the prosecution of the voyage. It was then arranged that Hawksmith should be appointed the Captain, but the revenue officers of Newport, where the vessel was lying, objected to it, on the ground that Smith had been previously engaged in some smuggling transactions, in a vessel called the Good Intent. Jent then said ho would fix him in another way, and Smith's nephew was registered as nominal master, while Smith himself, who acted as supercargo, was really master, and Jent was registered as the owner. In the course of the voyage the vessel sustained some damage, and Smith had no means whatever of repairing her, ex cept by obtaining an advance of money, which he accordingly procured from the plaintiffs. Application was made to Smith for payment, in the first instance, but he having become insolvent in about sixteen or seventeen months after the debt was contracted, appli cation was made to the defendant, who denied the authority of Smith to bind him, and refused to pay it, The Learned Counsel contended that the ' evidence laid before the Jury at the trial was sufficient to establish the fact of Jent and Smith being part owners, in which case Jent was equally liable with the other. Unless there was some ground for dis crediting the testimony of Smith, who distinctly deposed to these facts there could be no other conclusion come to, and he did not think it was very creditable to the defendant now to attempt to shift the responsibility from his own shoulders, more especially as Smith was since dead, and there was no means of obtaining his evidence in the case of a new trial. Under these circumstances he submitted that there was no ground for granting a new trial. Mr. RICHARDS, on behalf of the defendant, said he claimed to have the rule made absolute, first, on the ground of misdirection ; and, secondly, on the ground of surprise, and its being against evidence. Now it ap peared that the great bull: of the sum claimed, namely, 88i. 175., was for money borrowed by Smith, as he to purchase necessaries, and pay the seamen, while the balance was for certain repairs done to the vessel. Before the act of Smith in borrowing that money could be made binding upon the owner, it must be shown that the advance was necessary for the prose cution of the voyage ; but he denied that that could be alleged in the present case, because the captain could in less than two days hare communicated with, and re• ceived an answer from, his owner. Where advances were made upon the credit of the vessel the parties making these advances locked to the Captain and the Captain only, unless he could show an express authority from the owner to borrow money in his name. It was a recognised rule of law that the Captain was the only party who could charge the owner, but there must be an express authority shown before that could be done. After hearing the arguments of the Counsel the Court took time to consider its decision. (wilt. party, then that the original document ought to be produced, and be (boeo Denhain) confessed that where the object was to prove the identity of the party, he thought the Court ought to have the .original document. Mr. ALEXANDER submitted that the evidence of iden tity upon that point being so extremely inconclusive, there was nothing on which the other party could rely but the alleged interference of the defendant at the sale, and that he had already explained as being by no means sufficient to bind the defendant. and render him liable. The Learned Counsel, after referring to several authorities on the subject, concluded by sub mitting that the defendant was entitled to a nonsuit, and that the rule ought to be made absolute. The COURT thought there ought to be a new trial. Rule for a new trial absolute. EXCHEQUER COURT, Nov. 8. J . /OW:JET V. EDWARDS AND ANOTHER. The ATTORNEY-GENERAL moved for a rule nisi, to se aside a nonsuit in this case, which had been directed to be entered by the Lord Chief Baron at the trial, which took place at the Sittings at Westminster after the last Session. It was an action of trover, to recover certain articles of plate from the executors to the will of the father of the plaintiff's wife. The testator left the wife of the plaintiff in trust for her brother, who, four years ago, Inid gone to Van Diemen's Land ; in ease of his re turn, the plate became his ;' failing that, then it was to be held in trust for the son of the plaintiff, until he was 14 years of age, and if he died before that period, then it was to become the property of the wife of the plaintiff. The executors were to hand over the property upon get ting a receipt for it from the wife of the plaintiff. The executors were willing to hand over the articles, but the wife of plaintiff objected to some salt-cellars as not being those intended for her by her father, and she refused to receive them, or give a receipt. His Lordship was of opinion that trover could not be maintained, because there had'in fact been no assent by . the executors. The COURT were of the same opinion, and refused the rule. SMITH V. CLINCH. This was an action of trespass brought by the plaintiff, a widow, residing at Witney, in Oxfordshire, against the defendant, a hanker and brewer of that place, for break ing and entering the plaintiff's premises and taking away certain goods. The defendant pleaded not guilty, and that the goods and chattels were not the property of the plaintiff: The case was tried before Mr. Justice Williams at the last Oxford Assizes, and a verdict had for the plaintiff, subject to a motion for leave to stet aside the verdict and enter a nonsuit. A rule. to that edfect having been subsequently obtained, Mr. WAKELY now appeared to show cause against the rule, which had been obtained on the ground that there was no evidence to fix the defendant with the proceed ings had under the writ. The facts of the case were as follow :—ln November, 1835, the plaintiff, Smith (since dead) executed a power of attorney to Clinch, fur a sunr of 1,000/. money lent. In February, 1837, a mortgage was made for a further security. In December, '1839, judgment was entered up upon the warrant of attorney, and on the morning of the 16th Dec., three days after wards, Smith died. On the same evening the writ issued, clearly, and, as it was admitted on all hands, after Smith died, and on the followir b ee day the goods were seized for a sum of 9071. 10s. The case afterwards came be fore Mr. Justice Coleridge, and on the 31st January, 1840, the writ was set aside on the ground of its having issued after the death of Smith, and on the 13th Febru ary the order issued, on which the present action was brought, the proceeds of the sale having been paid into Court, and the action was brought to ascertain what damages the plaintiff was entitled to for the seizure cef her goods, it having. been proved that the goods which were sold for 1751. were worth 501. more. The Learned Counsel said the writ in this case having been set aside, was the same as if no writ had issued, and the question for the consideration of the Court now was, whether there was evidence to fix the defendant in the writ of fi. fa. The principal evidence on that point was the similarity of the name, and the production of the office copy of the affidavit, on which the execution issued, from the rule office. Now, he apprehended, that it would not be denied that that was a document which might be received in evidence. It appeared that the defendant had attended the sale of the plaintiff's goods, and had given directions respect ing some of the articles, and it was quite clear, under all the circumstances, that the defendant had acted in the case, and had rendered himself liable. Mr. ALEXANDER was heard in support of the rule. The question was whether the defendant had done any thing by which he bad made himself liable to an action of damages to Mrs. Smith. Mr. Justice COLERIDGE wished to knoW how the Learned Counsel could get over the difficulty of the de fendant having interfered at the sale, and directed some of his men to go and measure the potatoes ? a lst t lai t wie o d r i si n ul, e ,bg y jgi evoce u ta - Mr. ALEXANDER submitted that was merely hearsay evidence, and that the defendant might have been a purchaser. Besides, the evidence of the defendant's e io3i n fd_o t tthid d o istinctly to negative any interference on his part, because, when the Sheriff's officer came to him with e t nd h oe e feanu N d e t th r l i no t tr . ,ist)s t ,i l 4 7 defendant's attorney The original your duty on your own responsibility. 'which the writ issued, was not produced in n document appeared d incon clusive.ntouNthuoirilet'xhttehreemeaveffiildydeanlee'itO(ll Court, and there was ' means of t testing the witness's knowledge of the defendaonesse Lord DvotAN said it had been decided u by Lord El lenborough that the original document ought to be produced, and that opinion was concurred in by the Court of Common Pleas. Mr. Justice Garrow, in com menting upon the opinion of Lord Ellenborough in a subsequent case, thought the production of an office copy sufficient where the affidavit it self was the only question, but where there was a n allegation that the affidavit was made by ti parti- THE SUN, LONDON, TUESDAY, NOVEMBER. 9, 1841. ter. Application was made to the solicitor of Lady Har riet Clive on the sohject. report was made to the Quarter Sessions, and negotiations were entered - into. Everything that was done was done under the sanction of the Committee and of the Quarter Sessions. The mat ter was referred to the Secretary of State, agreeably to the provisions of the statute. The Secretary of State suggested certain alterations which would have in creased the expense, and, in consequence of such increase in the expense, the matter was abandoned. After the abandonment of these negotiations, an article appeared in the paper of the defendant, which was headed " , Choice specimen of Tory Magisterial ignorance and jobbing." The article imputed to Mr. Ricketts that he had moved at the Michaelmas Quarter Sessions for a grant of money, for a station at Bromsgrove. This Mr. Ricketts declared was untrue. The article then went on to impute to Mr. Ricketts that he had applied for estimates to two Tory tradesmen of Bromsgrove, and had subsequently given a contract for fitting up this station-house, to a Tory tradesman named Wood, residing at Droitwich. It then went on to state, that Mr. Ricketts had, in ignorance of the law, proceeded to enter into a treaty with the Clive family for the premises in ques tion, without considering that it was Dean and Chapter land, and that the Dean and Chapter might refuse to renew the lease ; and then the article went on to state, that a sister of Mr. Ricketts had married a Mr. Cutter, and that Mr. Cutter had land adjacent to the premises in question, on which land there was a brick manufac tory close to the proposed dation-house, and that Cutter was to supply the bricks, which some spiteful people, per haps, might say were rather small, but that, fortunately, the the law was stronger even than the Court of Quarter Sessions, and that wauld not permit him to erect this station-house on the quicksands of Church property in preference to the rock of freehold or copyhold. This appeared as an article from a correspondent, and the editor proceeded to remark on the conduct of Mr. Ricketts, in what he called this ridiculous affair. It would be perceived from this article that it attributed to Mr. Ricketts, that he had been actuated by party motives with regard to the tradesmen employed, and that he had been actuated by private and family motives in the choice of a site for the proposed station house. Mr. Ricketts in his affidavit denied on oath all these imputations. He stated that he was ignorant of the politics of the two tradesmen at Bromsgrove, who had given in estimates ; that he did know the politics of Mr. Wood of Droitwich, but that the only reason he was employed was, because his con tract was the lowest. Mr. Ricketts admitted that his sister was married • to a Mr. Cutter, and that the brother of Mr. Cutter, Mr. John Cutter, possessed property in the neighbourhood of Bromsgrove, but that he was not aware, until he saw it in the article complained of, that there were any brickworks on that property, that since the article appeared he had learned that bricks were made on Mr. John Cutter's property, but . .that the brick works were at the distance of a mile from the pro posed station-house at Bromsgrove, and were situated in a different parish. The applicant denied that he had been actuated by any improper motives, and stated that every step taken had been approved by the Committee, and by the Quarter Sessions, and that he should have acted precisely as he had done if he had been acting on his own private account. Mr. Justice PATTESON--Take a rule.—Rule nisi granted. INSOLVENT DEBTOR'S COURT, Nov. 8. IN RE CHRISTOPHER SMITH. The insolvent in this case had been a commission agent, a money-lender, and lastly, by means of accom modation bills, succeeded in getting from Mr. Edmonds,, an extensive wholesale button-manufacturer, a large quantity of goods with which he set up business in St. In the many cases which come before this Court, arising from what is vulgarly called " kite flying" few equalled, and certainly none exceeded the facts in relation to this one, as detailed in evidence. _ _ _ It appeared from the testimony of Mr. Edmonds, the opposing creditor, and several other witnesses, that the insolvent had been at first a bankrupt, afterwards in 1832, he passed through this Court as an insolvent, and thirdly had been tried at the Old Bailey, 'on a charge of forging the name of a person purporting to be the acceptor of a bill of exchange within four Months previous to his arrest, at , the suit of the oppos ing creditor. He managed to get 40C1. worth of goods from him, for which he gave him bills drawn by him self, and accepted, or purporting to be accepted by per sons without a local habitation or a name. The Learned COMMISSIONER said this was a case which required the attention of the Court in no ordi nary degree, and he should therefore order it to stand over till to-morrow. POLICE INTELLO_,ENCE. MANSION-HOUSE. Three wretched girls were brought before Alderman HOOPER, charged with having broken windows for the purpose of being sent to Bridewell. A policeman stated that having, between one and two o'clock in the morning, heard a smashing of glass, he went to ascertain the cause, and saw the three girls, who told him that they had committed the offence, and that they wished to be locked up out of the cold. He took them to the station-house, and from thence, by order of the Inspector, to the union in Cannon-street, where Mr. Thwaites, the relieving officer, immediately attended to the case, and offered them orders of admission to the house at Peckham, but they refused to go that establish ment, and witness conveyed them to the station-house. Mr. Thwaites said that, as was frequently the case, he was knocked up at an unseasonable hour, after the regular labours of the day, and he offered the orders to the girls, all of whom had been at Peckham before, but they re jected the orders, and he had no alternative but to send them back to the station-house. Mr. Nobler intimated to the Alderman that the rejec tion of the oftbr was by no means to be wondered at, as it was no trifle to walk four or five miles between one and two in the morning, after the exhaustion of the day. Alderman HOOPER—lndeed, it is a hard sentence upon poor fatigued persons to send them at such an hour to such a distance. lam sure that is not what ought to be called relief. Mr. 'fhw•aites said that he had it not in his power to do anything more for those who were brought to him. The multitudes received at Peckham were beyond all credibility. They had 240 persons in the house a couple of weeks ago, and a strong spirit of insubordination had exhibited itself of late there. The girls stated that they 11:.d broken the windows in order to be sent to prison, as prison, bad as it was, was better than the Peckam house, of which they knew quite enough. All that they could expect at Peckham house was to be turned out in the morning with a little bread. They had been all round London Unions, and they must say that prison was greatly preferable, what ever people might state. Mr. Booker, the overseer of Bishopsgate parish, stated, that the Guardians of the East London Union were to hold a meeting next day on the subject of purchasing premises in town, for the reception of destitute persons like the defendants. All the Guardians of the Unions in the City would, he believed, attend on so important an occasion. The East London Union Guardians had seen one of the Assistant Poor-law Commissioners on the subject, and it was believed that premises would be pur chased. The conduct of the younger prisoners in the workhouse was so bad, that the old people, who were en titled to some little comfort, had the most miserable lives in that asylum. Girls like those at the bar were in the habit of pelting each other with bread and pudding, and the house was really a hell upon earth. Alderman HOOPER perceiving that one of the girls was ill, sent her to Bartholeniew Hospital. and ordered that the other two should pay the sum of 20s. each for the mis chief they had done, or suffer imprisonment for a month in Bridewell. One of the girls—Thanlc you, Sir, for sending us to Bridewell. Any place is to be preferred to Peckham, and no mistake. We shall never go there again, at any rate. Alderman HOOPER—I do not attribute any blame to the relieving officer, for he cannot remedy the evil ; but it is quite a mockery of relief to give poor destitute crea tures orders to go to Peckham between one and two in the morning. I hope such a mode of relief will be as quickly as possible substituted by one more according with ordinary humanity. Mr. Marklew, the proprietor of the Ship tavern, in Talbot -court, Gracechurch-street, applied to Alderman Hooper for advice in what manner to act in a case of a very remarkable kind. Mr. Hobler, jun., by whose advice the applicant waited upon the. Alderman, stated the circumstances briefly :—Edward Marklew, the son of Mr. Marklew, and another young man, whose name was John Williams, became acquainted with a Mr. Snow, who had lately ar rived from Australia, and was induced by the represen tations of that person to make preparations to go to Port Philip, in the expectation of a prosperous result. Mr. Mark lew went to very considerable expense to fit out his son for the voyage, and Mr. Snow, who was a very plausible person, and appeared to be qualified to advise young people upon such an adventure, undertook to superin tend the arrangements, and was unfortunately entrusted with the greater part of the money which was to be paid for the voyage. What gave a singular complexion of villany to the affair was the fact, that Mr. Snow not only decamped with the money of the two young men, but actually took off the property of his own sister, who was also going out to Australia, and whom lie had prevailed upon to marry John Williams for the purpose, as now was manifest, of stripping her of all the property she had in the world. Having undertaken to manage the affairs of the voyage for the young people, Mr. Snow sent on board some heavy trunks which he said contained much valuable property, and the ship, which was called the Pathfinder, sailed from Lon don about these weeks ago. As soon, however, as she arrived in the Downs, Mr. Snow and his wife left her, and appointed to meet her at Plymouth, but upon the arrival of the Pathfinder at that port, no such individuals were to be found. Edward Marklevv, John Williams, and Mrs. Williams, a poor young creature of not more than fifteen years of age, then ascertained, to their surprise and grief, that no settlement had been made for their passage by Mr. Sr.ow, and they were obliged to leave the vessel, and make the best of their way to London. Be fore, however, they quitted the ship, they, by the advice of the Captain, broke open Mr. Snow's trunks, and on their opening, his baseness was confirmed by what they saw in them, for the valuable property was mere rubbish. Alderman HOOFER said that the case was really the most heartless lie had ever heard of. Mr. Marklew stated that the condition of the poor young girl, Mrs. 'Williams, was calculated to excite the deepest compassion, and the conduct of . her brother betrayed, without doubt, the greatest possible enormity. Mr. Snow had actually persuaded. her to give up 38/. a year, which she had to live upon, in order to supply her with the money of which he subsequently deprived her. The poor girl had 181. a-year, as the daughter of a deceased Lieute nant, and bhe was allowed 151. a-year by the second husband of her mother, and her matrimonial adventure destroyed those means completely. She was now at bis (Mr. Marklew's house ; possessed of no more clothes than ti.tti HOYLE V. COOK. This action was tried. before Justice Wightman, at the late Assizes for North Lancashire, when a verdict was found for the plaintiff. Mr. WORTLEY now moved for. a rule to show cause why that verdict should not be set aside and a new trial granted, on the ground of the improper rejection of evidence. The plaintiff was the lessee of minerals, under Lord Montague, and brought his action, to try whether a tenant of a copyhold had a right to dig for and take stone from the tenement where it uas found. The de fendant was the tenant of one copyhold and the owner of another, under the same Lord. On that of which he was owner he could not obtain stone for walling ; he applied far and obtained leave of his landlord to take stone From the copyhold of which he was tenant, and he re moved it to the tenement of which he was owner. It was admitted that the tenant of each copyhold had the right to take stone, but it was contended that no right existed to remove it from one tenemeut to another—it must be used on that where it was found, or if removed must be paid for. He (Mr. Wortley) opened a large body of evidence to prove the custom, but when he called his first witness upon the voir - dire, he stated that he was a copyholder under the same Lord. His evidence was objected to, and his Lordship held the objection good. He (Mr. Wortley) contended that his witnesses had no direct interest in the cause, and were made good wit nesses by the statute the 3d and 4th - William IV. The question was an important one, and had not yet been de cided. It was very desirable that it should be settled ; he therefore trusted the Court would grant a rule. Rule granted. BROOKS V. MITCHELL, This action was tried before Justice Wightruan at the late Liverpool Assizes, when a verdict was found for the defendant. Mr. WORTLEY now moved for a rule to show cause why that verdict should not beset aside, and a new trial granted, on the ground that the finding of the Jury was insuffi cient and inconclusive ; that it was, in fact, no verdict at all. The evidence given at the trial was that a person named Evans, who was a Sergeant in the Guards, on his return from foreign service, found an uncle in business as a small banker in Man chester. He took Evans into partnership, and in 1824, Evans wishing to put a foster-brother named Lenns, into business, advanced him I,oool_ for which he took a promissary note, payable upon demand. It ap peared that the interest upon the note was paid up to the year 1835. The note was endorsed, or purported to have been endorsed, to a person named Royle, on the I2th March, 1836, and by Royle to the defendant, in March, 1838. In 1836 Evans became much embarrassed, and, in August of that year, became bankrupt ; at which time he went to reside with Royle, and it was proved that Royle, so fat' from being a creditor, was a debtor to Evans's estate, and that, so - far from being able to advance 1,0001., he was at the time in very low circumstances. Royle was appointed assignee of the estate of Evans, but nothing was ever said about the note, nor any claim made upon it. In 1837 Royle compounded with his creditors, and became bankrupt in 1838, but not a word was said about the note. In the latter year the defendant wrote to the maker of the note, saying he had held it for some time, and then wanted payment of it. Lenns died shortly after, and the defendant sued the widow ; she applied to the Court for an into-pleader rule, to know to whom she was to pay the money, and then for the first time the plaintiff, who Was the assignee of Evans's estate, became aware of the existence of the note, anti claimed it, on the ground that neither Royle nor the defendant had given consideration for it. The suspicious appearances wQre, first, the dating of the en dorsements, which was unusual, but was done to make it appear as if the note had been passed Lefore the bankruptcy of the parties. There had been dividends paid upon both Evans's and Royle's estate—the first ss. 6d., and the second of 4s. 6d., so that the defend ant, if a bona fide holder, might have got 10s. per pound upon the note, but no claim was made under either bankrupts. The Jury found that Mitchell had given consideration for the bill, but they further said there was no evidence to show whether Royle had or not. Now all the evidence was that Royle did not, and could not have given consideration for the note. The COURT were of opinion that the verdict might stand if there was evidence to support it, but they granted a rule on the ground that it was against evi dence.—Rule granted. COURT OF COMMON PLEAS, Nov. 8. (Before the LORD CHIEF JUSTICE, and Justices COLE MAN and MAULE.) COLLYER V. STENNET. This was an action brought on the part of the Tackle House Porters of the City of London, to recover the amount of porterage of goods landed in the port of London, and carried into the City by the defen dant, he not being one of the Company of the Tackle House or a ticket porter. The de fence was, that the goods belonged to a foreigner, and were consigned to a foreigner (that is, to a person not of the Corporation of the City), and that, thererore, the privilege of the Tackle House did not in terpose, and a foreigner was entitled to carry and to re ceive the porterage. The plaintiffs, on the contrary, undertook to prove that the goods in question were con, signed to a freeman, and not to an alien. The case was tried at Guildhall before the Lord Chief Justice, as fully reported in The Sun at the time, and a verdict found for the plaintiff. Mr. Sergeant Channell since obtained a rule nisi for a new trial, on the grounds, first, that the ver dict was against evidence, and secondly, that improper evi dence was received, members of the Corporation in terested in the issue having been admitted as witnesses. Mr. Sergeant TiLrouaD this day showed cause against the rule at great length, and cited numerous authorities to prove the admissahility of members of the Corpora tion, it having been laid down that the statute could not intend to disqualify so many as ten or twenty thousand witnesses in one locality. If so, cases would arise in which no evidence could be adduced of even the most notorious facts. BAIL COURT, Nov 8. CORPORATION OF LIVERPOOL - QUO WARRANTO-THE QUEEN V. HARVEY. IThe SOLICITOR-GENERAL moved for a rule calling upon Robert Ellison Harvey to show cause why a writ .:11 the nature of a quo warranto should nut be issued, eelling upon him to state by what right he exercised the fu actions of an Alderman of the town of Liverpool. A va cancy having occurred among the Aldermen of Liverpool, on the 29th Oct. last Mr. Harvey was elected to the vacant office under the provisions of the 27th section of the Corporation Act. Now, by the provisions of that Act, no person. was qualified to be elected to the office of Alderman. who was not either a Town-councillor, or qualified to' be ~such. According to the provisions of the Act, no ,person was qualified to hold the office of Town:Councillor whose name did not appear upon the bureess rolL New, as in 1840 the Mayor and Assessor had not time to revise the burgess lists, the roll in being at the time of the election of Mr. Harvey, was, under ,`be provisions of the Act 1 Victoria, cap. 71, the one f e st. 1839. In • that list the name of Mr. Harvey did not appear, and that, he apprehended, was prima facie asi Ifficient cause to entitle him to a quo warranto. But the affidavits went further, they set forth that Mr. Ha rvey was not entitled to be on the burgess list, inas mu ch as he was not an inhabitant householder, but re• sided with his mother, in whose name the house was raLed. Since that tide an attempt had been made to place Mr. Harvey on the burgess roll, by having the house rated in' his name ; but his name was not on the burg ess roll in force at the time of his election. M r. Justice PATTESON—Take your rule.—Application grar iced. CRIB lINAL INFORMATION AGAINST THE " WORCESTER.- MERE CHRONICLE"--THE QEEEN V. ARROWSMITII. The SOLICITOR-GENERAL applied for a rule calling u eon the defendant, Isaac Arrowsmith, the printer and Pt. blish er of the Worcestershire Chronicle, to show cause e,lev a criminal information should not be filed against him for the publication of an article of a libellous nature, relit cting upon the character of Henry Ricketts, Esq., one 4)f the• Justices for the county of Worcester, on whose account the present application was made. it ap pear,Kl teat the Magistrates for W o rcestershire, in Quieter Sessions assembled, had determined to esta blish a County Police, under the provisions of the Act of Parliament. A Committee of the Magistrates bad be en apointed, of which Committee Mr. Ricketts had be en a member. That Committee had met from time tc . time, and had reported to the Quarter Sessions ; and under the sanction of that Committee, Mr. Ricketts had hired a lock•up house at Bromsgrove for the purpose of min g it as a station-house. This had been reported to the • Quarter Sessions, held at Michaelmas, 1840, and at the l e piphany Sessions following the Committee re port( :d on the difficulty of providing a proper place for a stm ition-house, but stated that arrangements were in progress for that purpose. The Committee con tinued its labours, and Mr. Ricketts still con tinued to act as a member of that Committee. Endear( urs were still made by him under the sanction or the C ommittee, to procure proper premises for a sta tion-hout ;e. Thos premises were held by Lady Harriet Clive, bb' lease from 4.1 - ke Dean and Chapter of Worces- Alderman HoopEu—How much money 11,1 6iStCr ' S said that :dill'. Show had guL 861. of hers, every farthing of which she was possessed. Mr. Edward Marklew said that Mr. Snow had under taken to see that everything was right, and took him and Mr. Williams amid his wife under his protection, as they were all so young. When the vessel got to the Downs, Mr. Snow said that he had to leave her for four days, and would meet her at Plymouth. He (Mr. E. Marklew) proposed to him to leave his wife on board, but, after a good deal of whispering between husband and wife, Mrs. Snow positively refused to stay in the vessel, and off they both went. Mr. Snow had pre viously called attention to one of his trunks particularly, and said, putting his hand upon it, " Mind this, for all my hopes are upon it," and when it was broken open it was found stuffed with old paper, old iron, and bones.' Alderman HOOPER—Yes, it was quite evident that it was premeditated. What did he say to induce you to go to Australia. Mr. Edward Marklew—He told us that he kept a tavern in Melbourne, in Port Philip, called the Yarrow Steam Packet Hotel, in which he was making a vast deal of money; and that our chances were very great. We had the utmost reliance upon him, particularly as his own sister was with us. He was to have met us at the Royal Hotel in Plymouth; and Captain Metcalf of the Pathfinder kept us on board, waiting for him, till the vessel was obliged to sail. Mr. Mears, the broker, had come on board on the fifth day after Mr. Snow left us, and informed us that we could not go in the vessel, as Mr. Snow had made no settlement. G UILD HALL. A respectable-looking lad,, about 15 years of age, named Thomas Winter, was placed at the bar before Sir Chapman Marshall, on the charge of having obtained a quantity of valuable law books from several barristers and solicitors residing in the Temple and Chancery-lane, on a false representation of being sent to borrow them by Mr. Snell, the law reporter. Mr. Smythe, of 41, Chancery-lane, said the prisoner came to him on Saturday, and requested a loan of three volumes of " Dickenson's Reports" for Mr. Snell, which he gave him, but was soon afterwards informed by Mr. Snell that he had never sent for them. Mr. George Snell said, from information he received he went to several gentlemen from whom he was in the habit of *borrowing books occasionally, and found that several had been given without his authority. From Mr. Clarke, of the Middle Temple, the prisoner suc ceeded in getting in his (Mr. Snell's) name three volumes of " Chitty on Pleadings." Mr. Smythe said these books had been sold at a book shop in Holborn, kept by a person named Mason ; the three volumes of " Dickenson's Reports" for 35., and " Chitty on Pleadings" for 65., either of which were well worth three guineas. Sir C. MARSHALL said there might be other cases against the prisoner, and he should therefore remand him to Monday next, to afford time to the police fur making inquiries. CROYDON i'OtACE. An old woman, apparently between sixty and seventy, named Elizabeth Holmes, was brought before Messrs. Reid and Currie for final examination upon the charge of feloniously receiving a quantity of mutton, part of a sheep that had been stolen from Mr. Walter, a farmer at Purley, near Croydon, well knowing that it had been stolen. Mr. Richards appeared in support of the charge, and Mi. R. Russell attended for the prisoner. The circum• stances of the case were of rather an unusual character. It appeared from the testimony of several witnesses that on Saturday night, the 24th of October, the prose cutor's shepherd placed a flock of sheep, consisting of 152 ewes and two rams, in one of his fields at Purley, and on his going to the fold the next morning he ob served footsteps, and saw that the fold had been dis turbed, and upon his counting the sheep he ascertained that one of the ewes was gone. A search was made and the skin of the lost sheep, with the head and the greater part of the back, were found in an adjoining field, and in consequence of information received by the police, Cooper, one of the constables of the P divi sion, the next day went to the prisoner's cottage in Selsdon:lane, and upon seeing her, he asked her some questions, when she denied that she had either a hus band or a lodger in the house. The cons able then in quired what'she had for dinner the day before, and she replied that she had nothing but some tea and bread and butter, and she also told him that she was very poor and was receiving relief from the union, and that she had not eaten any meat for a fortnight. The constable then searched the house, and in a cupboard he found a loin of boiled mutton, and when he showed it to the prisoner, she said she had quite forgot she had that in the house, and she said she .had bought it of a butcher whose name she did not know. The constable, seeing a pot boiling on the fire, asked what it contained, and the prisoner with an oath, declared there was nothing but turnips in it, but on the constable stirring it up with a fork, he speedily brought to light another great lump of mutton, and in a chest of drawers in the room he found a leg, a loin, ind some other joints of mutton, and also two bags, which the prisoner told him contained some " halfpence" to pay her rent with, but upon his exa mining them, he found they contained 121. is. in gold and silver. The constable then told the prisoner that he must take her into custody, when she replied that she hoped he would not do so, for that she knew nothing of where the mutton came from, and said that some of it was brought to the house by her son and the rest by her lodger. The prisoner was then removed to the station house, and Cooper afterwards made a further search in the drawers, and he found a knife ground very sharp at the point, calculated for killing sheen, and also 3/. more money, and a large bag that, from its appearance, had evidently been used to carry hot fat in. The meat that had been found was afterwards carefully examined by a butcher, who stated that none of the joints had been severed by a butcher, and also spoke confidently to the fact of the, joints found in the house of the prisoner, corresponding with the skin of the prosecutor's sheep that was discovered in the field. In answer to a question from the Magistrate, Inspector Collier said that active search had been made after the parties mentioned by the prisoner, but they had ab scended and the police had not been able to take them. The prisoner, who, by the advice of her attorney, declined to make any answer to the charge, was then committed for trial, but upon a communication being made to the bench by the Inspector it was arranged that she should be brought up again if the other parties were apprehended. CORONER'S INQUEST. An inquest was held at four o'clock, yesterday even ing, at the Grapes public-house, Bow-street, before Mr. Higgs and a Jury, on the body of Michael Aungier, who had been found dead on being removed from a cab on the ,morning of Saturday lust. Mr. Abrahams attended professionally for . the prose cutors, and Mr. Scard for the parties charged on suspicion with having administered to the deceased deleterious drugs, which caused his death. John Hanley, an officer to the Sheriff of Middlesex, deposed that he had levied a warrant, by order of the Sheriff, on the house of Juhn Joseph Paccard, 'No. 59, Drury-lane, and he had put the deceased, Michael Ann- Bier, in possession. He had seen the body of the deceased. on Saturday, and it was the same per son. On Friday last, at about twelie o'clock, when he had put him in possession, he was perfectly sober and apparently in Rod health. He had known the man during the last eighteen months, and he believed him to have been of sober habits. He had been over the, house since Friday, and he believed nothing had been removed from it. He had employed the deceased in the same way before, and he had never known him to be subject to fits. John Kemp, a cab driver, in addition to his evidence published in The Sun on Saturday, said the deceased when put in the cab was alive, but he groaned, and seemed completely insensible. On being refused admit . - tance at Chancery-lane he drove to Bow-street, and took the deceased out of the cab and placed him ox the steps of a door. He appeared at that time to be dead. A policeman came up and took him on a stretcher to the Bow-street station-house. On going to Chancery-lane he tried to rouse the de ceased, but he could not do so. The deceased hal ken about half an hour in the cab, when the witness had taken him to the station-house. The deceased smelt strongly of rum, or brandy, or some such drink. The deceased had fallen down twice while sitting in the. cab —the first time in Chancery-lane, when the witness lifted hint up.; and the second time in Bow-street, before witness had taken him out. He received half-a-crown at the Hummums from the gentlemen who were with him on the box. The three gentlemen assisted in putting the deceased into the cab. The deceased had been kept by the witness on the steps of the house in Bow-street about five minutes when the policeman came up and took him to the station-house. Witness could not say where the deceased bad died. Mr. Griffith Foulkes, of No. 2, Russell-street, stated that he was the landlord of the house occupied by Mr. Paccard. The witness then handed over a letter he had received on Saturday morning from Mr. Paccard to the following effect :—" How would you advise me to act in this matter ? The man got intoxicated last night, and my brother and Mr. Kennot thought it best to take him out for a drive." Mr. Foulkes replied to this letter as follows :—" If Mr. Paccard is in the house Mr. Foulkes would advise him to come out, for he is not perhaps aware that the officer who was sent out in the cab is now dead." The witness then stated that he had a claim ou Mr. Paccard for only 131., or a quarter's rent. The further examination of witnesses was then post poned till two o'clock this day, the presence of the Coroner being required at another inquest. THE MATCH MAKER.—We are requested to state that the new novel entitled the " Match Maker," by the author of "Cousin Geoffrey," "The Marrying Man." &c., in 3 vols. post Bvo, will be published to-mor row by Mr. CollArn, of Great Marlborough-street, and may be had at all the Libraries. Mr. Colburn has, also just published-1. The Parish Clerk, by the author of "Peter Theodore Hook, Es q ., 3 vos.2l.3rlig'hgeinso'ldElid]ittegliisbhy Gentleman ; or the Fields and the Woods, a sporting hovel, by. John Mills, E sq ., 3 vols. 3. Charles Chesterfield, or the Adventures of a Youth of Genius, by Mrs. Trollope, 3 vols., with flume rous Illustrations by Phiz. 4. Tom Bowli ng , a T a l e.of the Sea, by Captain Pretlerick Chancier, R.N., 3 vols, 5. De Clifford, ore . COnstant Man, by It. Pl umer W ard, Esq., Author of " Tremaine," " De Vere," cte., 4 vols: And 6. The Pie Nia Papers, by Various Hands, Edited by Charles Dickens, Esq. (Boz), 3 vols, with numerous illustrations by George Cruikshank. STEAM v. THE SWORD. --It is a melancholy fact (sa:, s an American journalist, speaking of the wide application of, the powers of stea m ), t h at, ." i n these piping times of peace," we are destroying about as many human beings by steam, as when " dread Bellona" reigned triumphant, fell victims to the sword ! A sur vey of the many accidents that 'have occurred through this tremendous power will tolerably support the assertion. THE MARKETS —YESTERDAY' but T of Irish CORN EXCHANGE. supplies oats of considerable. English all sorts of Corn were larger than of late. D i e t % Wheat 2s. per quarter lower ;Foreignb, T w he ere fre s • cheaper; doing ; Barley, unless very fine, ls. per quartet le, Beans and Pease are unaltered ; Oats meta h ea l '5 ; l g but prices were not lower. The demand for El.?'l.r his but tilt,' slackened, and last week's rates were . with c maintained. FIa EZ% smhacillualanstittiNre•es,e.l4l ARRIVALS OF GRAIN IN LONDON DURING LAS - Wheat. Barley. I out,. 5 ir owst English 4,075 sirs, r,(575 qrs. I '2,890 qrs. I ;.....-. Irish ."*" 2 1 21,741 5, 75 t o, Foreign 2,3... . 19 5,414 I :3,6i45 PRICKS 014 BOARD OF SKIP firm, with lit . Se , 0 " Wheat,Red (old) - s. --s. Beans, Small fneiv).•••••••• • ,2. 461. -----i White (old) --g. ....g. ------...'(01d) ..... ...1 3 .0, --- Red(1841) 525. 555. - Tick (new) .. "...' c Fine .----- Superfine CS& 67a. - Narrow (new)... ".b.14,4 4 1. 565. (534. .-- (old) ............. . 54 5 9 ;,, 4 6 : . -- White (1841) 545. s?s. ---- (01d).......'"" . s. .....s.- - ---- Fine Gns. 6.25. 13r:Ink ............. ....... ....1 Superfine 'Os. 735. 0. 1 . • ..... ..... --'' at 5,.. ., CM .................... ~,_.°4l, .---.-Foreiciitree 564. Vs. Rye :kis. 403 . --.• POI::d .................. ..". 3 .. ~4 4. ."t 1. 3 . 1, ...... P0tat0eN..e..w........................2:2--:::'',1: Barley --, Grinding - Malting 34a. 3 . 8 i ~,..3 0 g . Malt 565 e n s. Scotch .................. ~.7.0., -- Fine New 14s. Os. - Irish ............ 10s. .- 4, 6 bi. Pease, Grey, New 13 per J s. ras. Flour Town ( sack) • -•• ': 4 yfa. ‘--- Maple New stir. 40s. -- Seconds ............... ..:"„ - White 348 3". ---.-- North Count r y .... D, ~Y,:io. --...... Boilers 37s. 420. Bran-- ....................... SMITHFIELD MARKET. hoe, • The supply of Cattle, Sheep, and Calves V s-,..11,/ with a brisk demand for Beef and Veal, which realised the present Irises. Mutton, a doll trade, par:: cularly for the middling and inferior qualities. °f ri g the supply was pretty fair, with a good demand amg present prices. Beasts, 2,824 ; Sheep, 19,360;yt -650 ; Calves, 110 • Beef, inferior, 3s 4d to 4s a ; ton, 4s to 4s 10d ; ' Veal, 4s to 5s 4d ; Pork,4s 4d W 55 TEA MARKET. , (r ood Prices of Free Trade Tea were sustained, nur,11,7,00' business was done, at firm rates. Company's ""L e re ls. 10d. to Is. 101 d. cash. The. deliveries of Tea large, and likely io continue so. TALLOW MARKET. ; aSi' Prices of P.Y. Candle were steady, and a faxr ness was done at 475. on the spot, 465. 6d. for deli q . up to the end of the year, and 475. 6d. for Jan uary ' bruary, and March. PROVISION MARKET. Butter dull of sale, and prices of Irish with. f4ll di supported. Fine Dutch fell to 108 s. Bacon 6 1 * the demand good. Lard less in request. HOP MARKET. Fair purchases were made in Hops at full ra to° bright sorts are most in request, but of such the, ' d; ply was small. The official duty is expected to be declared. F DREAD. Ihe hlghest rrice of Ble. O L: the MArevilis Is 101. i fortbe 41.4 Leaf, G,cd Brelli may be had at. 41. PRICES 0 F'SEEDS. Per Cv.7t. P w English Reo C10ver...66s 54s St. Fein '''s ‘, .:5( P Old i it:,•. Ditto .........—s —s ..- s Rye G r as s..e.r . .. Q .. .. ..... ... k ... „, 5 - 1 :: New Foreign Di,to —s 62s 503 Pacer Graso ........... ....--: 0 % Old Ditto Liao —s --.4 —s I..nseell, for fe.ding ...-- ot c', New White Clover 54s (*Os 6Fts l)it o, for sowing ....... --, 05- 4 , Old Ditto Dia.,-s 5, —s —s —s Ditto. far crushiog •..• . 44 , dt4 eV Tre,oil ... - —s i'Os 40s 14 , m, ...... w•r- Old Ditto —s '2os :-.83 Canary Fr folium - a atis 703 Per I.l.shel• .441 1 it 4 D glisti Carraway —s 50s Ns White Must,rd ..... Os Od n., Foreign Ditto —s 46s b(lßrown Ditto 12S Od" II" Coriander ... —s —s siTares ss C A s°‘ 0 PllloE OF TALLOW, SOAP, &c. per 11 21 b.,i ll Town Tallow ..R2 10 6 Melting Stuff ............... ~ 6 ; Yellow Russia White Soap Ditto 0 0 0 Good Dregs .................. 1' PRICE OF RAW FAT, per stone of Sibs, ~ 914 Price of Tallow (as stated by the Tallow Melters)... ............ _ _ _. PitiCE 4.)F OIL rha 0 Rape Oil, brown, per ton .....--- 0 Ditto, refined rs 6 1, Linseed Oil __ 0 0 Lins :Ed Oil Cake at tn, MIl Fla r e ake, per tot. COAL Al Ships arrived since 14 6 Nelson's West Hartley l7 01,1 Tanfirl,l Tanfleld Moor W:. , t Hartley ....... .......... i 9 2 Wylsm Walls E d. Beovicise Co. 21 t Walls End Clark and Co. W.dis End Clennell Ayes End Heaton 2O 9 Wads End Killingwortn Walls End N. , r na.,,berla,.d 19 01 Walls End Riddell's. W. E. llrade.yll'stiettoa t: Walls End East Fletton 29 t Per Quarter ! Carlisle ' Hexham Aorpeth Penrith Sheffield Winchester Per Bushel. Carmarthen. Swansea Per 8011. Barnardcastl! Uurham Richmond , Stockton s. to S. 53 73 60 70 511 l 4 3. to s, S. tO S. 35 39 t. 9 60 68 s. d. s. cl. t ; 0, 79 76 80 76 84 29 3 • s. d. s. d. 00 40 00 40 4 0 44, 13 0 '2O 0 14 6 16 fi 90 is o! a 0 90; 13 0 19 0 10 0 11 0 150 196 90 90, NEWCASTLE COli Wheat, Northumlscrland - Berwick and Scotch - Foreign Rye, Norfolk and Suffolk Foreign Barley, Molting, Norfolk and Sulfl,lk - Grinding and Feeding Malt, Norfolk and Suffolk Bemis, Small Tick Pease, White Gray Oats, Northumberland, Potatoe Feed _ ..,' MORNING ST (per IOW • • S. Walls End Ha:well...us ; Walls;End Hetton 21 ' 1 ; walk End Lambton .;•«1„.„'"*" 21 A Walls End Russell's He Wal is End Stewart's ....••••• ^y Walls End CarAdse.... ••••".. Wals Etld tiattlepao l ******* Y a Walk End Yellne ........ ••••• 51 l'enr ant's H irtlepcx)l.... - **" 21 Walls r.nd Adel Aide ..... 0 , 6 Walk End Barret ....... lt •:nd Tees Hetton •••• ees ....... ••••• AS ails End West TCCFa...' . Want West fiettwOw' - ------ last market .day, 53. COUNTRY CORN MARKETS.__.. es* Wheat Barley. Oats. Beans. s. to Y. 46 -- 4.06 .°)•", '.3 28 20 21 42 -- 40 447 - 4 ' 5 4 0 s. d. V o ° ° 56 50 5 1 g6 1' ° ° 56 6 4 0 7 4 9 0 1 ( i f 9 9 I. 9 691 00 10:' f „ 90 60 7 4110 0 10 — .. 0 0 60 701 9 0 11-,' N EXCHANGt ' w oe. Red. 54v 65s 55'•62.1 40 20 s. d. s. d. 00 23 00 3 0 26 30 t;B4 ..... _ ..... 50L &Is 5 4, 4s . - I. 60s. 6413 ' vs. , 424. ""*S. 10 0 10 10 100 345; . . 28a. 20,. SSS 64. 42.. 4 ts.. 403. Cs. -s• 41s. —s. ^" 325. 34j ......... 5 . 2ts. 22s _4s., ..... .5...1 Foreign Flour (poi- sack) 523. 55........ " PARIS RAILROADS.—The following i 5; 3 ' di count of the traffic and receipts on the Pans ! lr a . °B e rof for the last month :—St. Germains, 95,127 ' As. -",b; 3 151 107,6401'. receipts ; Versailles and St. Cloud, l4 )4 0 0; 118,625 f.; Versailles and Meudon, 77,753, 9 c l, Corbeil, 81,053, 113,351 f. 010 5- / GOLD WATCHES, LONDON-MA-1;01.P T. COX SAVORY, Watchmaker, No. 47, Cornhins seven doors from Gracechurch-street, submits for se le o le ° very large STOCK of GOLD WATCHES; the " ° the which are carefully examined by experienced worksne premises, and each is warranted for correct performane t - SIZE FOR LADIES. Fine Vertical Watches, jewelled, in engine-turnedoo gold case', and gold dials, warranted Fine Vertical Watches, jewelled, with double-backed . a engine-turned gold cases and gold dials, warranted Patent detached Lever Watches, jewelled in four 0 holes with double-backed gold cases and gold dials, 1.1 /4 warranted .. SIZE FOR GENTLEMEN. Patent detached Lever Watches jewelled in four 0 holes, seconds, and double-backed gold cases, gran. 13 ranted Patent detached Lever Watches, capped, jewelled in 0 six holes, seconds, double-backed gold cases and 17 enamel dials, warrantee ,•,,,....... Patent detached Lever Watches, capped, itwelled 0 six holes, seconds, double-backed gold cases and 1 6 ,4 goldials, warranted . Either of the Gentlemen's Watches may be had in g 0- Itl Or 3 cases, for 31. 3s. each extra. . e• N.B. Second-hand Watches purchased in ex Chat' C. J. DENT begs to acquaint his keriell i i :g tb e the Public that he has just had the honour of reel subjoined letter from the Admiralty 1 44 1 i 0 r " Admiralty, 29th Septentber' of " Sir--The annual trial of chronometers fi r the us' . 0 4 ;00 Majesty's Government having now terminated, I a rli ,„ ieq o l- mended by my Lords Commissioners of the A dmiraltY `" tbe„,ll you that their Lordships have directed me t o purchs", ji lowing chronometers at the various prices specified ega'' respectively, viz.:— Dent, No. 1,571 55 guineas Dent, No. 1,606........ 4O guineas t yt Dent, No. 5,621 (pocket) 3O guinea 6 , l ‘‘Their Lordships having been pl ease d, i n or der to 7 , 3 j or superior performance of 1,571, to assign to it a prop's increased price to that usually given. "I am, Sir, your most obedient serva 4t , "F. BEAUFORT, flypors to " To Mr. Dent, Chronometer Maker, 82, Stiand- 14 .,i t r r t he Out of 80 Chronometers, by va r io us Mak er s, st l , - o d the late trial by order of their Lord s hips, th e eb,%; ." this above three, with two selected for the Niger Exper t ` Ist. the others, enables Mr. Dent to affirm that he believes hl $ hy year supplied their Lordships with mer e Chrononle tt , VP" use of the Royal Navy than have been f urn i s hed" - wse any other Maker. th, it i t 01 It affords Mr. Dent additional pleasure to stattl oss' p' to their Lordships' high recommendation he owes t' e v igtr having made a Gold Chronometer, presented to the to pedition by his Royal Highness Prince Albert. , v o, tgb 1410 Dent's Lectures on Chron o m e t ers , Clocks, an u .,i. e 0311 rbe obtained at 62, Strand, price o n e s hilli ng , but customers gratuitously. G dine ° Present price of T wo -d ay Ch ronometers , n ....yell ,I, )11 - BIRTHS. On the 3d inst., in P or tl an d- p l ace, the lady of J. 31 ooff Esq., of a son. On the sth inst., at Tunbridge-w e ll s , the 1.11,:ly Sara h 011, of a daughter. 3 1, On the sth inst., at Ald ersgate-street, Mrs. John 'Oar of a daughter. On the 6th inst., Mrs. T. C. Simmons, Park roa d, ham- road, of a daughter. Oa the 21st SeptemMbefr,Raßt MARRIED, e p tiap of the Briti', fobassy, e Naples, er Major Charters, Royal Arti e llery, to , I r ?'! e e IsA . s j uir ! ir w siatto)eh,mr t , :EeLC2B6,pa, p . t.oh: H ilohni a fnia r t,m d l.B, y it , ahp o ttu f oor t Fp h sltsh e opamarn H esena o :ne n ie. . a, e t e.34t u ttihe. : ,sht l ths n oe d n i h a o C us o n o P f a t ir 9 s l : l of the late ughter of o fi~ On the 2d inst , t St, Paul's, Dep - tfo ir rd ed'a , 41 of Martin's-lane, .to Maria, only daughter of the Noel, of Lambeth. lat e "W' Ai uli' DIED. Ge S o u rg d e de .a n l l o y i , ino b ef n uitx th y• the 16th ult., highly respected, ~,..iicherd ; .101 neux,_ E s - , o f th cit y u cou ton, E s . i ,n of th e w e: l n v e n i t h y a t in ,f p S to a Salop' in sun the Stafford. Og r ' On the 16th of August last, at Dominic.,, Weston,dies, i f tbe b^ra Murray. the wife of his Excellency :11ajor .° pd , Slat Regiment, administering the Govcrnment of thatiso g eo" On the 14th of September last, at l'oe Island of St.. VI E , ~ West Indies, Mr. John Reckless, aped 29. VU'' ' • 1 . 11l 1 On the 28th ult., at Sheerness, Lieutenant WIT la 0, field, R.N., of her Majesty's ship Ocean. On the 31st ult., Mrs. J. Grant; sen. , of BrotoleY Middlesex. Ig es t • On the 4th inst., et Slough, 11. J. Stedman, E 9 9, 3 S h it , 0 '* son of the late Rev. T. Stedman, Vicar of St. Chad's,'' et burp. f yill On the sth inst. , in Weymouth-street, Portl and.— ' st Catherine Anne, relict of Thc,:nas Lack, Esq. , 'nom On the sth inst., at Norwood, Surrey, Lora Sophie, 1° darghter ot Lewis Leese, M.D. On the sth inst., Lieutenuit G. L. H. Bazelep —we" Oa London : Printed and Published by MURDO YO CA 4' No. 112, Strand, - at The Sus office, No. 112, itra zl " tike county of Middlesex, Tuesday, November 9, 1841' ~✓ll~