The Sun. — London, England, 1849-12-11 00:00:00

IRELAND. (PROM OUR C ORRESPONDENT.) DUBLIN, SUNDAY EVENING, DEC. 9.—This was one of the most foggy days I have ever seen here. It was far more like a day one might expect in the fuliginous atmosphere of Manchester than in this usually clear-aired city. I scarcely ever, even in London, witnessed a fog so damp, palpable, and oppressive. The weatherwise say it is the forerunner of frost and snow, and agriculturists hope it may be so. The provincial papers received to-day do not con tain any additional news of much novel import. The Limerick and other western papers contain melan choly statements of the condition of some unions. The following is their report : STATE Or KILRUSH Umorr.—A crisis has taken place at last in the Kilrush Union. Notwithstanding the exertions of the local board and poor•law inspector, the indoor paupers were obliged to go to bed without dinner on Thursday night. The master brought the state of the house, as regards want of provisions for that day, before the board, when soup and chopped turnips grown on the land was the only food available. The outdoor paupers are in a desperate state, crowding the depots, and following the relieving officers by thousands to town to get into the workhouse: but one day's admissions (SOO admitted) so crowded the auxiliary that admission was impossible. Barley, the produce of the land about the workhouse, has been ordered to be threshed; but are 2,600 paupers to be fed on the principle of " live horse and you'll get grass?" It is fearful to think of the state of the Kilrush Union—nothing but starving creatures from the country to be seen pouring in to a starving workhouse. The board meet every day; but if we are to judge from the general confession of that body, they are able to effect no good. The chairman, Col. C. M. Vandeleur, took the ehair on Friday, and his pre • sence was sufficient, it was thought, to get the " needful," but to no purpose—outdoor paupers and relieving officers were sent home, and indoor paupers recommended to go to bed. The coroner attended an inquest cn a man who was found in a dying state on the side of the road near Kilmurray. Mortality in the workhouse has been small, but owing to the able-bodied on the out-door relief being struck off, the deaths in that department are every day increasing to a frightful extent. Relieving offieers complain that they must bury their dead without coffins. The board on Friday agreed to petition the Poor-law Commissioners on the state of the union, and said that the guardians would not be morally respon sible for the deaths that may occur through starvation.— Limerick Chronicle. Communications reached us at an advanced hour on Saturday, stating that between six and seven hundred people, who, in the hope of relief were brought into the workhouse on Friday, from the districts of Kilmurray, Kilkee, and Lilkofin, had to be sent back, not a particle of food remaining in the workhouse.—Limerick Ex aminer. Tunr UNlON.—Robert Bodkin, Esq., chairman of the Tuam board of guardians, at the ordinary weekly meet ing of the board, on Wednesday, brought forward a report of the financial state of the union, from which we take the following extract:—" I regret to state my un qualified conviction, that the affairs of this union have been greatly mismanaged; and although I am far from attributing corrupt motives, as its cause, the figures I shall submit to you will show that the result has been equally disastrous to the already overburdened ratepayers. Referring to the last published report of the Poor-low Commissioners, we find the expense of the Tuam Union for the year ending the 29th of September, 1848, amounted to 18,663/. Os. 7d., and for the year ending the 29th of September, 1849, the expenditure increased to the enormous sum of 32,4191. 193. 93., during a season when food was more than twenty per cent. cheaper than in the preceding one. I hare, in vain, looked for any grounds for this immense outlay, and comparing the expenses of the Galway Union for the same period, I have ascertained that they did not exceed 36,7051. 175,81. When we consider the acknowledged poverty of a very large portion of that union—when we take into account tint its population is larger by 13,997 (almost I.4th) than that of 'ream—when we find the numbers in it re- lieved so vary much greater—it cannot, I apprehend, be denied that our funds have been, at least, most carelessly disposed of. You may judge of the abuses which have characterised the administration of your affairs from the fact of the vice guardians having entered into con tracts for the supply of articles to the workhouse on the very day previous to their removal; and amongst them we find one for meat, for six months, at the exorbitant price of 4id. per lb., the same being con tracted for, for a similar period, at the South Dublin union, as lam informed, at the rate of 20. per lb. It must be in the recollection of the board that, when it was dissolved, the debts of the union amounted to 6,4011. 17s. 4d., and, I lament to say, they have bean allowed to accumulate to the sum of 12,2651., though our rates have been larger, and more promptly paid than those of any of the neighbouring unions.' Herald. The Court of Appeal—a court modelled somewhat on the principle of the Court of Cassation, in Paris— held its first sitting here on Saturday. The following is the report : OOURT OF CRIMINAL APPEAL. This Court, constituted under the provisions of the 1 11th and 12th Vic., c. 78, sat on Saturday at twelve o'clock (for the first time in this country) in the matter of Samuel Otway, who was convicted at the last Dublin. Commission for having arms and ammunition in his. custody without a licence, as required by the 11th Vie., chap. 2. The Judges present were—the Lord Chief Justice, the' Lord Chief Justice of the Common Pleas, and Judges Perrin, Jackson, and Ball. Mr. A. CURRAN, on behalf of the traverser, stated that this was a case reserved by Judges Ball and Crampton at the last commission, on the ground that the Crown had failed in proof of the posting or copies of the proclamation and abstract, as required by the 2d section, and of the notices to deliver up arms, as required by the 11th section, near all places of public worship, and on every police station and barrack within the district named in the proclamation, in order to give information to all persons likely to be affected thereby—such posting being, as counsel contended, indispensable and necessary before any offence could be committed under the provisions of this Act. He argued that the words were mandatory and not'directory, 4 as alleged by the Attorney-General ; and further, that having averred the posting as an essential in- I gredient in the charging part of the indictment, in both counts, they were bound to prove in the aifiirmative a. / t . full compliance with the conditions precedent as by law required. The Learned Counsel then read and collated. the several sections of the Act, and cited several cases in support of his view of the case. Mr. Curran having concluded his clear and able argument, The ATTORNEY-GENERAL, in reply, stated that he only intended to support the second count, which was for having arms elsewhere than in his dwelling-house„ which did not require the posting of the notice, as re quired by the 11th section—the second count having: been framed under the 9th section only, and not under the 12th, which did not allude to the posting. He said. that, in his opinion, the 2d section was only directory, at least so far as the offence charged in the second count. The SOLICITOR-GENERAL followed, and cited several? oases to show that the 'portion of the averment as to posting might be rejected as surplusage. Mr. CURRAN having replied, After a long consultation, the CHIEF JUSTICE an.. nounced that the Court would deliver judgment out Monday, at three o'clock. Counsel for the Crown—The Attorney-General, the Solicitor -General, Mr. Baldwin, Q.C., and Mr. Smyly ; agent, Mr. Kemmis. Counsel for the traverser, John A. Curran ; agent, Mr. C. Fitzgerald. RAILWAY INTELLIGENCE. NORTH STAFFORDSHIRE. A meeting of the inhabitants of Newcastle•under- Lyme was held on Thursday at Newcastle, in com. plisnce with a requisition to the Mayor, who presided en the occasion, for the adoption of measures to insure the speedy completion of the Newcastle branch of the North Staffordshire Railway. The meeting was con vened in consequence of the North Staffordshire Company having given notice of application to Pars liament for powers to abandon that branch, together with two other branches, and also to repeal a clause in the company's Act, whieh provides that, unless the Newcastle branch be completed within twelve months after the opening of the N orth Staffordshire line from Macclesfield to Colwick, it shall not be lawful for the company to declare any dividend until the Newcastle branch shall have been completed. After some dis cussion on the propriety of compelling the company to construct the line, and the necessity of opposing the proposed application to Parliament, resolutions were passed to the effect that the meeting was of opinion that the extension of the railway was of vital importance to the prosperity of the district, and viewed with great dissatisfaction the proceed. ings of the directors, having for their object the aban donment of the branch, in violation of an agreement, and approving of the prompt and energetic proceed ings of the town•council in protesting against the proposed abandonment of the branch ; that the mem bers for the borough and the members for the county be requested to oppose the Bill in Parliament by every means in their power; and that the Duke of Sutherland and other Peers he solicited to give their earnest opposition to the Bill in the House of Lords. A committee . was appoi n t e d t o carry th e reso l ut i ons into Deflect, consisting of Messrs. Turner, Cooper, Beardmore, Tilsby, Phillips, Mason, Crew, Cart wright, Spark, and Slaney. SUREWSBURY AND CHESTER. It appears that the London and North-Western Company have recently commenced an active op position to the above company by running two omni buses twice a day to Wrexham and Ruabon, at about half the usual fare charged by the Shrewsbury and. Chester Company, owing to the latter having carried on similar operations on the Liverpool road in op position to the railways of the other company. It is believed that this omnibus opposition, commenced, in. the first instance, by the Shrewsbury and Chester parties, and which has been going on for some time, is nothing more than a scheme of the directors to. alarm the shareholders, and bring about an amalga mation of the two companies. MANCHESTER, SHEFFIELD, AND LINCOLNSHIRE- It appears that considerable dissatisfaction exists among certain merchants, traders, and others, in consequence of the manner in which the goods traffic on this line is conducted, and the unequal charges per mile on certain portions of the railway. It is THE SUN, LONDON, TUESDAY EVENING, DECEMBER 11, 1849. stated that Bs. 4d. per ton is charged on certain articles from Lincoln to Manchester, a distance of 90 miles, whilst the rate from Sheffield to Manchester, a dis tance of 41 miles, for the same article, is 10s. per ton.; the charge for the former distance being at the rate of lid. per mile, and for the latter 3d per ton per mile. YORK AND NORTH MIDLAND. A meeting of shareholders in this company was held at Manchester on Friday, Mr. R. J. Jones in the chair, to consider the resolution of the directors with reference to the Hull and Selby purchase shares. It appeared that the directors, in conjunction with a committee of shareholders appointed to consider the matter, had determined that the guaranteed dividend at the rate of 6/. per cent. on the 10/. already called up in respect of the Hull and Selby purchase shares shall cease from the Ist of July, 1850 ; and, for the future, that amount of capital shall be entitled, in perpetuity, to a preference dividend at the rate of 4i per cent. per annum ; that the sum of 15/. per share remaining to be called up on those shares shall be en titled, in perpetuity, to a preference dividend at the rate of five per cent. per annum from the respective times of calling the same up; that future calls shall be made only for the purpose of completing the pur chase of the Hull and Selby Railway, when resolved upon, or for paying off the debentures of the com pany. The holders of the preference shares shall be entitled to the benefit of any dividend above the several guaranteed rates of dividend which the holders of the general stock of the company may receive. After some conversation, a resolution was passed to the effect that the meeting recommend that the Hull and Selby purchase should be completed, and that the directors should take the necessary steps for effecting that object; that the meeting learned with surprise and regret the proposal for the conversion of the Hull and Selby preference shares into capital ; that such proposal was unreasonable, and ought to receive the most decided opposition. A committee was appointed, consisting of Messrs. Ashton, Jones, Joynson, and Hampson, to take such steps as may be deemed expo. dient to oppose the proposed measure. DIRECT LONDON AND EXETER. On Saturday a prolonged argument took place be fore the Master in Chancery (Brougham), with refe rence to the alleged liability of the directors who had the management of this concern, and the charges of fraud preferred against them by the official manager in his report of investigation. A number of counsel appeared for the parties arraigned. Mr. SELWYN, who appeared for Captain Pope, one of the directors, :contended that if fraud existed, the directors were not liable to be charged as a body in equity, but per se at common law by the contributors. Mr. H. CLARK, on behalf of Sir Bruce Chichester, argued that ,the official manager was going beyond his province and his functions as defined by the Act, which declared his duties to be simply the repopting the liabilities and /assets, and making out the list of the contributories. Mr. HETHERINGTON, who appeared for Dr. Philli more and Mr. Chambers, said that the former, as Chancellor of the diocese of Salisbury, and the latter us Recorder of the same city, had connected them selves with the company with the view of benefiting it locally, and had disbursed the assets in their hands as members of the Committee of Finance, in accord ance with the expressed views of the shareholders, and had not meddled with these moneys until after a meeting of the company had been held to wind up its affairs under Lord Dalhousie's Dissolution Bill. The official manager had no right to dictate what the law was upon these questions. His report in all probability would give rise to further proceedings on the subject, and this system if pursued would render the operation of the Joint-stock Winding-up Act a curse, instead of a blessing to the country. The MASTER observed that if the official manager I should not be the proper party to conduct the case against the alleged mismanaging directors then he took it to be in the power of any contributory to do so. _ _ After much further argument it was agreed to adjourn the consideration of the question until Friday, when other parties, with Mr. Daniel for the official manager, will be heard in reply. MANCHESTER, SHEFFIELD, AND LINCOLNSHIRE. During the past week this company have success fully launched broadside, and deposited at the end of their pier in the Humber, opposite Hull, the great pontoon of iron plates, 400 feet long, forming a landing-place, by means of descending platforms from the pier, on to which out of the railway car riages alongside passengers will embark in the steam boats that are to ferry them in a few minutes across with the least possible detention. The fabric is fifty I feet wide, eight deep, weighs 70 0 tons, and was towed to its destination by six steamers. RAILWAY RATING. An appeal, on the part of the London and North- Western Company, was heard on Tuesday, before the special session at Manchester, against a rate de manded by the overseers of Barton-on-Irwell, on a portion of the old Liverpool and Manchester line. The case was decided against the railway company, on the ground that they did not apply in a reasonable time after the rate was made. It appeared that the total area of the parish was 10,530 acres, and the total assessment upon it, including the railway, was 43,8271. The amount assessed on the railway, which only occupies 42 acres of bog land, is 8,9091., or one•fifth of the entire rate levied upon the whole township for the 1-250th part of it occupied by the railway. It was stated that the land in question was purchased by the railway company at 401. per acre, and that the directors had consented, for a period of 19 years, up to the time of making the appeal, to pay nearly as much annually for the rate as the pur chase of the land cost them originally; the former being at the rate of 341. per acre per annum. LAW INTELLIGENCE. VICE-CHANCELLOR'S COURT, Dec. 10. (Before Sir L. SIADWELL.) THE GRAND JUNCTION CANAL COMPANY V. DIMES. --- Mr. STUAUT, with Mr. ByRT, moved to commit the defendant Dimes for the breach of an injunction of this Court, which restrained him from impeding the navigation of the canal. Since the last applica tion the defendant had cut a trench across the towing path, and fixed a chain across the canal. These acts were not denied. Mr. DANIEL, with whom was Mr. SMYTHIES, ad mitted the acts in question. The Learned Counsel then proceeded to argue, that the order on the appeal was void, on the ground that the Lord Chancellor, who had confirmed his Honour's order, was inter ested in the company, as being the owner of certain shares in the canal, and was, therefore, disqualified from sitting in judgment on the case. The Learned Counsel then proceeded to contend that the original order was void, and had been obtained by a surprise. The facts were, " that the Lord Chancellor, by his agents"— The VICE-CHANCELLOR, interrupting, said—l think that as this is a very grave case it would be better to avoid any expression that might be mistaken by those who are unacquainted with the circumstances of the case. To say that " the Lord Chancellor by his agents interfered," is calculated to convey a very erroneous impression of the truth. It would be more just to say, " the company, of whom the Lord Chan cellor is one Mr. STUART—My Learned Friend will pardon me if I remind him that we are here coram populo ; that any unguarded expressions are liable to be miscon strued by those who are either unwilling or indis posed to arrive at a just conclusion in the case. Mr. DANIEL disclaimed the slightest desire of im puting to the Lord Chancellor anything unbecoming the most upright judge that ever sat on the bench. He could not, however, from motives of delicacy, abandon the interests of his client. The Learned Counsel then continued, and recapitulated the facts that have been frequently before the public, and read the judgment of Lord Langdale, to whom the Lord Chancellor referred the matter. Lord Langdale, it appeared, having gone into the question much in detail, gave it as his opinion that any order that could be pronounced must be taken, in construction of law, to be the order of the Lord Chancellor him self. Lord Langdale thought that if the Lord Chan cellor could not legally entertain the appeal that there would be a failure in the administration of justice, one effect of which would be that the defendant could not appeal to the House of Lords, and that on the whole the appeal ought to be dismissed with costs. Mr. Stuart and Mr. Busk appeared for the other side, without hearing whom, The VICE-CHANCELLOR said the case stood thus :- The order for the injunction was pronounced on the 18th June, 1838, and on the 16th December, 1838, the Lord Chancellor affirmed the proceedings, and the injunction was dated on the 6th July, 1839. On the 16th November, 1846, a decree was made in this branch of the court, which was affirmed by the Lord Chancellor in January, 1848. Then those proceed ings were taken which raised a question whether what Lord Cottenham had done was not void by reason of interest? He (the Vice-Chancellor) was still of the opinion that he had expressed at the time, that by the very terms of the statute creating the office of Vice-Chancellor, enacting that no authority given by that statute shall enable the Vice-Chancel- lor " to discharge, revoke, or alter any order, decree, Scc., of the Lord Chancellor," he thought that he was bound by the order of the Lord Chancellor, and had no power to enter into the question of its validity. But, even supposing the case doubtful, it wag clear that the effect of the doubt would be that the original order would be now in force, and would he as valid now as it was eleven years ago. He trusted, considering the nature of the question, that should the report of the proceedings be published, that the clear, deliberate, well-weighed judgment of Lord Langdale would not be omitted. Then with regard to the principle of the thing, he thought that from what had taken place the Court must act in the ordinary way. Mr. Dimes, in his affidavit, which entitled him to the merit of sincerity and candour, stated that with the view of accelerating the decision of the question he had taken the law into his own hands. It appeared that he had cut a trench across the towing-path and fixed a chain across the canal. He had attempted by his mode of dealing to destroy the very thing which formed the subject of the dispute —viz., the canal ; and he thought that, this being so, the Court must deal with him in the strongest manner possible—namely, by committing him for contempt. COURT OF QUEEIV'S BENCH, Dec. 10. COUELCII v. WAILLEY. This was au action brought by Charles Quelch, a bootmaker, in forma pauperis, torecover damages from the defendant, Mr. Thomas Wakley, son of Mr. Wak ley, M.P., and one of the surgeons of the Royal Free Hospital, for neglecting his daughter whilst placed under his care in that institution. Mr. Sergeant Wilkins appeared for the plaintiff, and the Attorney-General, Mr. Martin, and Mr. Brammill for the defendant. The case seemed to excite much interest, as the court was much crowded. Mr. Wakley, M.P., sat under the Attorney-General. Sergeant WILKINS having opened the case, called evidence to substantiate it. Charles Quelch, the father of the child, was the first witness. He said his child was now thirteen years of age. On the 29th of March last his daughter, Emma Quelch, fell down stairs and fractured her thigh. He had her immediately removed to the Royal Free Hospital in Gray's Inn-road, where she was placed under the care of the defendant. The limb was set. Afterwards she was much neglected. On the Bth of April a woman afflicted with the small pox, named O'Connor, was brought into the same ward with his daughter, and two days after his daughter showed symptoms of labouring under the same malady. Shortly after he found that the child was also labouring under syphilis, in consequence of having had bandages applied to her which had been used by women afflicted with that loathsome com• plaint. Sores showed themselves on her body, and she suffered much from them. His child was also so much neglected that the bandages and splinter gave way, and the leg could be moved about. The fracture had not been reduced. He determined to remove her from the hospital, and intimated to the defendant that he should do so in consequence of the disgraceful conduct pursued towards her. The defendant asked him to call upon him at his private residence, which be did. In the course of a conversation which he had with him, he told him his child had the venereal disease. He said, "How the devil can you know that ? " He told him of the proofs. He added, "It is beyond human power to save her, and when she dies all evidence of that will die with her." lie said further that he would rather give him 1,0001. than that he should remove the child, as he was in great expectation of obtaining a professorship at the University Hospital. He (witness) said his prospects were nothing to him; in consequence of the way in which he had treated his child he should remove her —that he had obtained the interest of some influential gentlemen connected with a public institution, and that he should certainly remove the child. The de fendant said he would turn the nurses who had neglected his child out of the ward, and have the place fitted up fit for a princess, and in the event of his child becoming a cripple she should be provided for for life by the interest of his father. He had no doubt he could give her the place of a lodge-keeper at his country house. He also promised to aid him in his business. He begged him to allow her to re main, and asked him to call and see him the next morning (Sunday). He produced a sheet of note paper, and asked hi m t o s i gn it, w hich he (witnes s ) declined to do, as it would have exonerated the de fendanta f that tar t h h e e d should i have o nin head e h sande hexpressed osi th ti e on p t r o ev h io im us , day to take his child away. He consented, at the request of the defendant, to meet him and his father at the Lancet office the following Monday. After some consideration Mr. Wakley, sen., putting his hand into his pocket said, " The man is an intelli gent man, but poor, and it is nothing but right that he should be remunerated for his trouble." He (the witness) said he did not come there to listen to any proposal of the kind, and said, if they had nothing more to say, that he would take his leave. He told them that he should lay the matter before the committee of the hospital on the succeeding Wednesday, and Hr. Wakley, M.P., said in reply to a question, that he should be there if possible. In the course of this interview, on the 21st of May, Mr. Wakley, sen., exclaimed—" Why, To, what have you been doing with the limb all this time ?" He replied, "He threw that aside altogether ;" to which Mr. Wakley, M.P., replied " That's a d—d pretty thing." Young Mr. Wakley, on his leaving, said, "When you are before the committee, don't say anything about me, and I will rise up and be your staunch friend." On the 22d May, 1848, he took the child to St. Bartholomew's. She was there seventeen weeks, but the fracture had never been reduced, and his child's leg was inches shorter than the other the bones lapped over each other. Her condition was very filthy when he removed her; her leg was loose, and moved about like a thresher's tail. He had frequently been obliged to remove her excrement and water in order to relieve her pain. She was always a healthy child before she went to the hospital, Cross-examined by the ATTORNEY-GENERAL Mr. Peacock was the physician to the hospital, and the defendant was one of the surgeons. The wards were divided into partitions, with curtains before them. Mr. Jackson performed the operation of setting the leg, with some other person whom he did not • know. The small-pox patient came in on the ‘.5 lb, and was placed three beds off on the same side of the ward. There was but one partition between the patient and his daughter. There were three sores on the child, one of which was on the bottom of her back and another on the instep. Dr. Peacock attended the child on the 12th, and wrote prescriptions in con- unction with the defendant. Could iiot swear that he saw the defendant write any prescriptions after the 12th of April. Mr. Jackson saw the child every day in common with the other patients. Saw the defendant three or four times after the 12th, but could not say that he had attended his daughter. He had admitted that his child had con- need. the venereal disease in . consequence of using bandages and sponges used by persons so afflicted. Knew the child had the disease because she smelt of copaiba. He gathered from the expres sions of the defendant, with respect to the traces of the disease dying with her, that it was intended to bury the child. lie had published a pamphlet upon the matter, but did not send a man with placards Opposite Mr. Wakley's door in Bedford-square. He had heard that a man he had employed to walk about with one had gone there, but not t with his instruc tions. He did not think the man knew where he lived. The placard was headed " Caution to Parents —History of a Child experimentalised upon in the Royal Free Hospital, by Mr. Thomas Wakley, jun." Knew Mr. Healey, of the Medical Times. lie sent . _ _ _ Or him to come forward with his child as a witness in a case in the Exchequer. He saw him in 1848, whereas the pamphlet was not published until 1849 Had seen Dr. Worthington, Dr. Cronin, and a person connected with the newspapers. They did not counsel him as to publishing this pamphlet. Did not say, when he took the child away, with an oath, "that he would have some of Wakley's shiners." Never made improper overtures to two women in the hospital, named Agnes Williams and Mrs. Weston He had lived five years at 10, James-street, Clerken . well, and was a shoemaker. He had taken the child to several eminent surgeons. Mrs. Quelch, the mother of the child, deposed that the name of the surgeon over her daughter's bed was that of the defendant. On the 7th of April the defendant said to her (Mrs. Quelch) we have just been re-setting your daughter's limb, to which she replied she was very glad of it, for you made a sorry job of it last time. The position of the splinters was altered on the 12th. During the time she was in the hospital she was frequently obliged to clean the child herself. . . . Cross- examined—The nurses never told her the , the child soiled the bed because she never told them when she wanted the bed-pan. Re-examined—The child was of clean habits, and was sorely grieved at the dirty state she was kept in. Mary Collins, formerly a nurse at St. Bartholo mew's, said the child was so dirty that not only soap but soda were required to clean her. There were five wounds upon her, Her health was good, but she required much nourishment. She unproved in the course of a week or two. She was placed on a water bed for thirteen weeks. She was not a child of dirty habits. Mary Steer, another nurse, corroborated the above evidence. By the ATTORNEY-GENERAL—The child screamed very much, nevertheless they washed her. Mr. Edward Strller, one of the surgeons at St. Bartholomew's Hospital, was next examined—He said that from the 29th of March to the 7th of April there would have been more than ordinary difficulty in re ducing the fracture. That difficulty was insur mountable under the circumstances stated. The fever and weakness from which she had suffered rendered it indispensable to remove the bandage and splints. When not suffering from either fever or exhaustion, there would be more than the ordinary difficulty in consequence of the unusual position of the fracture, which was situated in the upper third of the thigh-bone. Such a fracture was most difficult to deal with in an adult—most unusual in a young person, and most difficult to deal with in consequence of the motion of the muscles of that part. It was a case requiring much attention. He doubted whether with the utmost skill the difficulty he spoke of could be surmounted. He would not say it was insurmountable. He did not find the child in a filthy state, as she had been in the hands of the nurses. Though the ulcers were large, they were not un healthy ; there was nothing that denoted neglect. By the ATTORNEY- GENERAL—It was of paramount importance to attend to the health of a patient. Such was the state of exhaustion of the child, that it was useless to examine the limb ; but he judged that the bones were in process of union, and afterwards he found the union complete. Scarlet fever would pro duce such sores as those on the child. The cure was as good as the circumstances of the case would admit of. In the adult as in the youth a shortening of the limb was a common result. his attention had been most directed to the case, in consequence of intending to write about it. Could not say there was any de fect in the surgical treatment. Re-examined—Under the circumstances it was correct to re-set the thigh on the 12th. The muscular resistance was greater in the child than man. Mr. Justice COLERIDGE inquired if the lapping over of the bones of the limb was, according to his view, a proper setting of the bones ? Mr. Stanley replied that setting of the limb con sisted in placing it in the best position. The best was done under the circumstances. The ATTORNEY GENERAL then addressed the jury on behalf of the defendant. He contended that the prosecution was one of the mast cruel that could be brought into a court of justice. It was evidently set on foot by parties who wished through the son to aim a blow at the father. The defendant was a young man of much intelligence, and was rapidly rising in his profession, and he begged them to consider that the investigation was one of character and not of da mages. The defendant attended the hospital without fee or reward, and his days of attendance were Wed nesdays and Saturdays, but he came almost every other day to the hospital to tender his services. He gave his best attention to the case, under the direction of the house-surgeon, who, being a paid servant, should have been selected as the defendant. Every attention was paid to the child, as he should prove ; and, in conclusion, he implored them to consider that in their hands depended the very existence of a young professional man. He then proceeded to call the fol lowing witnesses: — Thomas Jackson was then examined—ln 1848 I was house surgeon at the Royal Free Hospital. I attended the child. The defendant attended officially twice a week, but came every other day. I saw the child as soon as it was brought in. I directed her to be washed, and measured her for a splint. She was in a very dirty state. She had a fracture of the upper thigh bone. It was an oblique fracture. I set the limb on the afternoon of the same day. I. used new bandages. A fracture in that part is diffi cult to reduce. The defendant saw her an hour after. A woman was afterwards admitted to the ward, but it was not known that she had the scarlet fever. She had a sore throat. That was on the 7th of April. The child had gone on well till that time, and de fendant had seen her regularly. I used to see her twice a day. When she was attacked with scarlet fever, I prescribed for her, and Dr. Peacock's atten tion was called to her. Dr. Peacock prescribed for her during the time she had fever. When fever came on, we found it necessary to treat the limb differently. On the 12th the original splints were removed, and Liston's splint was applied. Her powers of life became very much depressed, so that it was deemed advisable to make the treatment of the frac ture a secondary consideration till they should become renovated. The defendant's judgment was a correct judgment. The sores • she had were bad sores. They are common in a low condition of the body. The first splint put on hurt her ankle. There was an excoriation caused by the band. Such exco riations are common in such cases, especially in chile dren. There was nothing particular in this excoria tion. I applied zinc lotion and oiled silk. The de fendant ordered bladders filled with air to be used to prevent.pressure on the sore places. We do not order water beds for fractures, but hard mattresses. The defendant gave his best attention to these sores. She was not so ill of the fever as of the subsequent symp toms. She was delirious during the early part of the fever. The child was frequently washed and supplied with clean linen. I have known her to have clean sheets six times a day. It was my duty to attend to the conduct of the nurses, I never saw any want of attention. The nurses are appointed by me. Quelch came every clay. He never complained to me of in attention to the child. He made no complaint of any kind. I heard nothing of the venereal disease till he had removed the child. No copaiba was used in the ward. Nitrate of silver might have been used, but not for this child. Quelch expoessed himself dissatisfied with the progress of the case about a fortnight before she was removed. Her skin came off after the fever in dark brown scales. I have seen the child since, who does not walk very lame. 'When she left the bone was united to a certain extent. 1 saw no want of attention. Cross examined—The defendant and I are still connected with the hospital. The nurses did not dance in my presence. One nurse was named Web ster. Parsons was the night nurse. I gave Webster a good character to St. Bartholomew's Hospital, where she now is. Parson s go t married to a Mr. Lord. There was no patient named Catherine Connor brought into that ward on the 7th with scarlet fever. A patient named Bellingham was brought in on the 22d of March. Three or four days after I found she had had scarlet fever. She had sore throat, which continues after the fever. A child died on the 28th in;that ward, or on tl.o 29th If the defendant had directed a patient to be removed she would have been removed. I never said this child brought the scarlet fever into the ward. Mr. George, the other surgeon, saw the child with the defendant. I thought the child would die, from the symptoms. The fever subsided on the 12th. Re-examined by the ATTORNET..GENBRAI,•••-There was a charge made against Webster, but I could not prove it to be true. She was accused of letting some body into the hospital in the morning. There was an empty ward on the other side of the hospital, but we had no establishment to attend to it. That was for want of funds. Dr. Thomas Peacock examined—l am assistant physician at St. Thomas's Hospital. I was four years physician to the Free Hospital. I prescribed for the child on the ath of April. I recommended that the attention to the limb should be made subser vient. That recommendation was followed. I believe she was properly attended to. I never saw any neglect. I ordered wine, porter, and brandy for the fever. I never heard any complaint till Quelch stated them before the board. John George examined—l am surgeon to the Royal Free HoTital. The appointment is gratuitous. I saw the plaintiff on two occasions. She appeared to be properly attended to. I examined her limb. I found the union was not perfect. I explained to Quelch how it was the case was not so successful. I saw placards before the hospital about this case. Cross-examined—The appointment leads to practice and great experience. Sir Benjamin Brodie examined—l have heard the evidence of Mr. Jackson and Dr. Peacock. In my opinion up to the time when the child caught the fever, the treatment was correct, as far as I under stand their evidence. It was correct to shift the splints if they disagreed with the patient, or were in any way uncomfortable to her. It was right to make the fracture subordinate to the other disease, when the patient got (as described) into a low typhoid state. Upon the whole of the evidence, I see no reason to doubt that the child was properly treated. Such a fracture is very difficult to be treated, and it is very seldom we can make the thigh as long as it was. It is generally attended with shortening of the limb. Cross-examined —I should keep a patient as far as possible from the influence of fever. Mr. Bransby Cooper examined—l have heard the evidence in this case. The fracture is one of a diffi cult character to cure. I agree in tote, from begin ning to end, with Mr. Stanley's evidence. I examined the child on Saturday. I think it was a good union, and not more deformed than I have seen in more favourable circumstances. Mr. Guthrie was examined, and said that, from the evidence, he thought the fracture had been properly treated, but he should be better able to tell if he had examined the child himself. (The child being in court, it was arranged that the witness should retire with her for that purpose. As the child walked across the court she appeared to limp but slightly.) On his return into court the witness said the bone was irre gularly united, but that could not be otherwise. He should say it was a good cure. Mr. lancocic, a surgeon, and Mr. Morgan, the apothecary, were then called, but their evidence was not very material. Mrs. Ann Lord examined—My maiden name was Parsons. I was a nurse at the Free Hospital, and four years at St. George's. I saw the limb set. The child was very dirty when she was brought in. I washed her twice over. (The witness here gave evidence of the dirty habits of the patient.) Quelch was there often. He used to come into our room when we were undressing. The sores were attended to with bladders. She would not keep them under her. I never saw dancing in the ward. Mrs. Webster examined—l was day-nurse. (The witness gave evidence similar to that of the last wit ness. She said the child was of very dirty habits, and that she washed and changed her three or four times a day.) Cross-examined—l was discharged from St. Bar tholomew's Hospital. I answered the sister pert. A child died in the Free Hospital of a burn. Catherine Connor had typhus fever; she was at the bottom, and plaintiff at the top of the ward. There were syphilis patients in the ward, whom Mr. Marsden attended. There was a sponge used for those patients. Mrs. Morgan examined—l was matron of the es tablishment, I knew the plaintiff had her linen often changed. The number was unlimited. There were constant applications. She has used 25 pairs of sheets in a week. No complaint was made by the father or by the mother. Mrs. Jones examined—l was a patient when the child was there. (This witness confirmed the evi dence of the last witnesses; as did Agnes Williams and Mrs. - Weston, two other patients.) Dr. Rice examined--I am the head master of Christ's Hospital, and chairman of the weekly board of the Free Hospital. Our funds were in a depressed state at that time. We were 5,0001. in debt, in con sequence of which two wards were closed. I was in the chair when the plaintiff's father made his com plaint fur three hours. Ile stated everything he wished to say. I took down everything he said. I only stopped him to write it down. We were specially summoned the next night to consider the matter. -The plaintiff's father said nothing of any private communications with the defendant which came out to-day. The statement which I took down was signed by him, and he said that was all he wished to say. The ATTORNEY-GENERAL proposed to put in the paper, which was objected to, and rejected. Witness—At that time we had only one female ward. They could not have had her removed to another. This being the defendant's case, Mr. Sergeant WILKINS replied, and after Mr. Justice COLRRIDGE had summed up the evi dence, The jury gave a verdict for the defendant. The jury, in ten minutes afterwards, came into court, when they gave a verdict for the defendants. COURT OF BANKRUPTCY, Dec. 10. (Before Mr. Commissioner GOULBURN.) JUDGMENT.—TIIE SAINT ALBAN'S BANK.—IN RE J. 8. STORY. His HONOUR to-day gave judgment upon the bank rupt's application for certificate. He said that includ ing the 1,5001. which rightly belonged to the repre sentatives of Mr. Lomax, there were assets sufficient to pay Bi. in the pound. In looking into the case, he was ;truck with the great amount of personal expen -. diture, which was at the rate of more than 2,600/. a year, exclusive of the bank and professional x - penses. This was a remarkable illustration of the bad consequences of extravagant expenditure. Had Mr. Story been content with expending 1,0001. or 1,5001. a year, there would have been enough to pay everybody. Thus was seen the importance of care fully watching personal expenditure, for in this case the failure was owing to it. Had the case been unopposed, he should probably have allowed the certificate, but of the third class. It was with pin he had adverted to the charge which had been brought and proved against this gentleman, that being appointed to receive the tithes of Mr. Lomax, a very aged gentleman, he did so for many years, and paid them over with great regularity to the bankers, but Mr. Lomax being infirm or imbecile, he had ceased to do so. Mr. Story had introduced this feature in the case, without which he would have been in a much better position. Why should he constitute himself a trustee for Mr. Lomax, and what was more, charge 5 per cent. for doing so ? He ought at all events have disposed of the money, so that it was forthcoming when called for. Such was certainly the duty of one who had taken upon himself the office of hanker and solicitor. His excuses for non-payment were extremely frivolous. First, that he had no au thority for paying the money into Messrs. Fuller's ; why he had been paying it there all along, and nothing had been done to alter the authority. Then ho asked for an indemnity, and paid 1,0001. without it. But this excuse was soon removed by the legal authority of the executor, who had shown the greatest forbearance and consideration in the matter. His allegation then was, that the accounts were not ready; and a worse feature in the transaction was, that he had subsequently received 491., which ho did not hand over—hiving no right to touch it. When Mr. Merratt's patience was exhausted he had recourse to law, and the bankrupt, instead of at once admitting the claim, put in a plea that he did not owe the money—a deliberate falsehood. And his excuse was, that he did not wish any advantage to be had over his other creditors by the representatives of Mr. Lomax. In other words, that this 1,500/. of Mr. Lomax's should go to swell the dividend under the estate. Such was the conduct of this said to be respectable solicitor of long standing, and of good family. Upon remonstration, he had the cool ness to allege that the loss would only be about 2001. to each cestui que trust, of whom there was a large number. When the case came on for trial, he came to the court, alleging that he had thought himself all along solvent. He had clearly brought himself within the operation of two of the special clauses of the new Act, to which, however, a retrospective operation would be given, unless high authority decided otherwise. The bankrupt came within the 3d and sth divisions of the 256th section, having fraudulently obtained the forbearance of his creditors, and vexatiously defended an action. His responsibility was by far greater than an ordinary trader, he being a banker and solicitor, who bad obtained money in confidence, and violated that confidence. He was a trustee, and had committed a breach of trust—a steward, and had acted unjustly. The consideration of the interest of the public required that such an offence should he very severely visited. his high character had been urged in his behalf ; but how easy was it for a man living in the country, at the rate of '2,000/. a year, to obtain such a character ! As the good book told us, " Only do good to thyself, and all men will speak well of thee." The offence complained of was conduct which had been pursued for a course of years, and not an isolated act. The reputation of his life was now gone, at the close of it he would have to feel that his misdeeds had been brought to light, and exposed in a court of justice. He trusted that when the bankrupt came to reflect upon the judgment of the Court he would alter his tone which he had hitherto held, admit that he had done extremely wrong, and do all he could, if ever it was in his power, to repair the loss which he had caused. His Honour would not go to the extreme point of refusing the certificate altogether, the reason being, that there was no other opposition; that, generally speaking, there was no complaint against him (the bankrupt), and he was willing to believe that this was one instance, bad enough, but only one of gross misconduct. The certificate could not be granted under a very consi derable period, so as to establish the principle, that persons who accepted and violated trusts, were persons not to be permitted to enter trade again, or at all events, until after a very lengthened lapse of time, and after they had undergone much pain and suffer ing, which it appeared to the Court, was deserved by this description of offences. The judgment of the Court was, that the certificate be supended for two years, at the expiration of which time to be granted as of the third class. The costs of the opposition ought to be allowed out of the estate, considering that it was very important to trade that transactions of this description should be brought to light and exposed, and it' brought to light not at the expense of the individual creditor wronged, but of the general body of creditors. In this case there was the more reason for it, as the creditors would get the benefit of Mr. Lomax's 1,500/., which would be divided amongst them. The solicitor for the bankrupt applied for proteetion. Mr. Merratt, the opposing creditor, had no ob jection. His HONOUR granted it, complimenting Mr. Merratt on the kindness and forbearance which had marked his conduct throughout the transaction. Certificate suspended for two years accordingly. (Before Mr. Commissioner SHEPHERD.) IN R J. ELLIS. To-day was fixed for the meeting for proof of debts and last examination in the matter of this bankrupt, the proprietor of Cremorne Gardens. The accounts have not, as yet, been filed, and the meeting was adjourned. Several debts were proved during the day, upon which no discussion, involving any point of public importance, took place. MIDDLESEX SESSIONS, Dec. 10. (Before Mr. Sergeant ADAMS and a Bench of Ma gistratea.) The Court sat today to hear appeals. THE QUEEN V. GRANT. This was an appeal against a conviction of Mr. Jardine, one of the magistrates of the Bow street Police Court, for an indecent assault. The defendant having been convicted was sentenced to three months' imprisonment. Collyer was in support of the conviction, and Mr. Parry was in support of the appeal. It appeared that on the afternoon of Sunday, the 16th of September last, a lighterman of the name of Wood, living in George•strect, Adelphi, observed the appellant walking with two little girls, the one about 7, the other about 10 years of age, and then stopping near an apple stall at the bottom of the same street. Whilst they were standing by the stall he remarked a peculiarity in the manner of the defendant which induced him to watch his proceedings closely, but presently perceiving, as he imagined, that the defendant noticed that he was looking at him, he walked to wards an archway, through which there was a footpath leading to some steps going up to Adelphi-terrace. The defendant was accompanied by the two little girls, whom he had treated with some walnuts at the fruit stall. In order to attain the terrace, a pair of folding doors had to be passed through. The de fendant and the children having gone through, the witness placed himself in such a position as enabled him to command a view of anything that might take place. The witness then entered into a det a il o f th e offence, for which the magistrate pronounced the conviction. As the matter was proceeding Wood obtained the aid of some other persons, and when he had gathered them they went through the folding doors, and taking the defendant into custody, accused him of having exposed his person. The defendant indignantly denied the imputation, and said that he laboured under a stricture, and had gone to that place for the performance of a call of nature. The girls were examined, and, to a certain extent, corroborated the evidence of Wood, whilst another witness stated that he had noticed the defendant beckon the girls to follow him. The witnesses were cross-examined by Mr. PARRY, with a view chiefly of showing that the avenue was a private passage and not a public thoroughfare, and was used as a casual road to the penny steam boats. It was said, however, that this was the road by which the inhabitants of the Adelphi terrace passed down to the pier, and that each of the residents had a key of the gate which was at the bottom of the street, and that that gate had been kept locked ever since the alleged transaction ; and that when a surveyor had gone to make a plan of the place for the purposes of the appellant, he had been informed that he was commit ting a trespass, inasmuch as that it was a private avenue and not open to the public. Mr. PARRY, on behalf of the appellant, said that he had to discharge a most painful duty in this case. Were the Court to pronounce a decision in favour of the conviction, and thereby confirm that proceeding, the character of a gentleman, who for a long series of years had borne the highest reputation, would for ever be blasted. As a proof that such had been his character, it would only be necessary that he should mention that a host of his friends were present to support it. The appellant was a married man, residing in the vicinity of the Adelphi, and a man who was devotedly attached to his children. Oftentimes the appellant, for the pur pose of breathing the freshened air that was to be obtains(' by walking upon the steam-boat piers, took a stroll upon those erections of so much public ad vantage and convenience, and it seldom occurred, being—as he had already stated—extremely fond of children, that he did so, if any young people were near, that he did not buy them some fruit from the stall which was close by; and this had been the case in the present instance. Now, he had a good, satis factory, and substantial answer on the merits to this charge, for he was in a position to prove that the reason which the appellant had given to Wood for his being in the place in question was correct. However, in the first instance he felt called upon to take an objection which had offered itself to his mind—namely, that the conviction having dis closed upon its face the charge, that the alleged exposure had occurred in a certain place of" public resort," he had to submit that whatever might have transpired, supposing anything, had not taken place in a "public place," seeing that the spot described was a private avenue or passage, not open to the public nor exposed to the public gaze. Mr. COLLYER, on the other hand, contended that the passage in question was a place of public resort, and submitted that it fell within the meaning of the statute. Eventually, the Learned JUDGE said, it appeared to him that the place in question came rather within the description of a private staircase than anything else, inasmuch as that the means of access were not in common, the gate being locked or unlocked at the discretion of the parties who were the pos sessors of its key. There was a doubt whether it might in that way be made a thoroughfare by those who were so situated, but it was clear that it was neither a street nor a road, nor a thoroughfare, nor a place of public resort within the meaning and intent of the statute. That statute was a pen a l statute, - and therefore he was bound to construe it and act upon it strictly. Without, therefore, express ing any opinion as to whether the evidence bad sup• ported the conviction, he must say that the objection ' which had been taken was fatal, and therefore that the conviction must be quashed.—Conviction quashed accordingly. MR. HUDSON AND THE YORK AND BERWICK Mr. Hudson paid to the above company 75,0001. last week, in quittance of all claims upon him, except a balance of interest of some 10,0001., which it is supposed the company will either give up or divide between them and Mr. Hudson. This includes his bill for forty odd thousand pounds for the Sunderland Docks.—Herapath's Railway Journal. AUSTRIA. The Kolner Zeitung contains the following tele graphic dispatch from Vienna, of the sth inst.:— " We are informed of a crisis iu the Cabinet, owing to dissensions between the Prince Schwarzenberg and Minister Bach. It is but too likely that M. Bach will retire from office. "The treaty respecting the railroad between Vienna and Pusth has been concluded. The Government has purchased that railroad for 8,000,000 florins, to be paid by instalments of from eight to eight years, and to 1e rated at i n interest of four per cent." THE MEDITERRANEAN. SOUTHAMPTON, SATURDAY, DEC. B.—The Penin sular and Oriental Steam Navigation Company's ship Euxine, Captain R. W. Evans, arrived here at eight o'clock this morning, with ship letter bags of the following dates, which were her drys of sailing : Constantinople, Nov. 19; Dardanelles, Nov. 20; Smyrna, Nov. 21; Malta, Nov. 26; Gibraltar, Dec. 2. The Euxine experienced boisterous weather throughout the voyage. She waited nearly two days at Malta for the passengers by the B)mbay mail, but left on the 26th in consequence of its non-arrival. Amongst her passengers are Lord Mandeville, Captain and Mrs. Lang, &c. The freight list comprises eight packages specie, value about 18,0001. sterling ; 50 boxes of oranges ; 29 skeleton cases of figs ; 1,958 drums of figs; 12 cases of scamony ; 20 cases of opium ; 126 bales of silk ; 265 bales of goat's hair ; 48 bags of yellow berries; 23 tubs of leeches; three cases of otto of roses ; 54 bales sheep's wool ; and 61 packages of sundries. On the 20th ult., the Euxine passed the British fleet lying in Beiska-bay ; it consisted of the following ships—Queen, 110 ; Caledonia, 120; Howe, 120 ; Prince Regent, 92 ; Bellerophon, 80 ; Powerful, 84 ; Vengeance, 84; Thetis, 36; with several steamers. The French feet, consisting of six ships of the line, with frigates and steamers, was at anchor in Vourla-bay. On the 27th of Nov., off the island of Pantellana, the Euxine exchanged signals with her Majesty's ship Hercules, steering to the eastward ; on the 29th spoke the steam-ship Indus with the outwardbound India and China mails, 50 miles to the eastward of the island of Galita ; on the Ist of Dec. saw the Penin sular and Oriental steamer Madrid, 80 miles eastward of Gibraltar, bound to Genoa; Dec. 3, exchanged signals with the Peninsular and Oriental steamer Sultan, 25 miles to the northward of Cape St. Vincent, bound to Constantinople; passed a screw steamer at the same time going south; spoke also, on the same day, the Psyche off Cape St. Vincent. The screw-steamer Brigand arrived at Constanti nople at noon, on the 19th ult. LEITH.—FATAL ACCIDENT.—We regret to state that Mr. G. T. Page, civil engineer, acting at tho dock improvements under Mr. Rendall, met with an accident on Thursday afternoon that terminated fatally a few hours afterwards. Mr. Page left his office at four P.M. to inspect the inner dock wall, which, to protect it from the frost, was recently covered with a coping of straw, which projected a little o ver t h e wa ll . H ere M r . P age incautiously put his foot, and f e ll a h e i g h t o f near l y twenty feet, striking . his head upon a cross beam in his descent. When carried home it was found that his skull was fractured, but a fatal result was not apprehended till ten o'clock, when tho medical gentl emen remarked s y m ptoms of congestion , and Mr. Pa ge died at one o'clock next morning. He stood high i n his profession as an engineer, and his sudden , death has caused a glo om among the many workmen under his charge. He has left a wi'.e and young family to lament. his loss.—Scots• man. COURT OF EXCHEQUER, Dec. 10. (Sitting at Nisi Prins, in Middlesex, before the LORD CHIEF BARON and a Special Jury.) BATE!' V. WATSON AND OTHERS. This action was brought to recover compensation in damages for an alleged obstruction of light and air, occasioned to the plaintiff's premises by the erection of a very elegant building in Pall-mall (at the corner of George-street, St. James's•square), for the use of the Army and Navy Club, of which the defendants are the trustees. The damages were laid at 5001. Mr. Cockburn, Mr. Lush, and Mr. Wells appeared for the plaintiff, and Sir Frederick Thesiger and Mr. Peacock for the defendants. The plaintiff it appeared carried on the business of a tailor at 42, Pall-mall, and was also in the habit of letting out the upper part of the house to lodgers during the fashionable season in London. He had formerly occupied No. 38, which he sold to the club in order to enable them to erect their mansion, and being desirous to continue his business in the same vicinity, he became the purchaser of a lease for twenty-one years of No. 42, which previously belonged to a neighbour named Tattersall. The plaintiff put the premises upon them. sesint Soon horou ghaft errepair, th ande h spent of the eh e i r l it in aconsidera l b u le sum commenced the plaintiff happened to go to Glasgow, and on his return, two or three months afterwards, he found that the light behind the house, which was before free and uninterrupted, had been diminished so much m to render the lower rooms almost useless. Applications were made to the club to have this remedied, but without avail, and the consequence was that he had bean compelled to apply to a jury for compensation. Several witnesses were called for the plaintiff, and they agreed in stating that the effect of the erection had been to greatly diminish the light in the rooms, one saying that the back parlour was so dark that he could scarcely find the way to his mouth at dinner, and another that he was unable to distinguish leaders from advertisements in a newspaper unless he stood close to the window. The defence was that the portion of the building complained of had been erected with the entire sanction of the plaintiff, and on the understanding that if there should be any diminution of light, it would be a matter of no consequence to him, and it was further alleged that there was no actual inter ference with the ordinary rays of light, and that, in stead of obstructing the free progress of air, a portion of a building which previously existed had been pulled down, and given the plaintiff's house the benefit of the breezes from the Green Park and the south-west. The defendants asserted likewise that, having re ceived a large sum of money, viz. 3,8001., to quit one set of premises, it was neither fair nor just for the plaintiff to obtain the possession of another house contiguous to the club, in order to give a colour for a further claim to compensation. Several witnesses were also called on the part of the defendants, and they gave it as their opinion that so far from the plaintiff being injured by the erection, he had been benefited by an additional quantity of air, which was admitted by a narrow passage that had been thrown open by the defendants, but only one of these witnesses had been inside the plaintiff's house to see the effect produced, as far as regarded light. The LORD CHIEF BARON summed up the evidence. The jury retired. In the course of the trial, one of the jury expressed a wish to be allowed to visit the premises, as from the contradictory nature of the evidence it was im possible to know what was the real injury sustained by the erection, but the Chief Baron said he could not give his sanction to such a course without the consent of both parties. He was there, he observed, to try the legal part of the case, and as that was the last day of the We3tminster sittings, it would be highly_ inconvenient to allow the jury to leave, as the Court must remain unoccupied until their return. The jury having been absent for upwards of two hours, sent to know whether, as there wr,s not the most remote chance of their arriving at a verdict, they might not come into court to be discharged without giving a verdict ? Mr. Pollock, the Marshal, in the absence of the Lord Chief Baron, who had quitted by the consent of all parties, said that course could not be adopted. THE COUNTRY MARKETS. The following is the official statement of the quantities Of corn, &c., received in the port of London from the po its in Essex, from the 3d Dec., 1849, to the Bth Dec., 1849, both inclusive : 4 ' ca I' •-' 2, '''' I pc9 g 9 ' A4 '3 46;1 129 - 87 2 43 324 Colchester Harwich Leigh Maldon 321 2( 573 176 608 128 HADDINGTON, DEC. 7. -Thi following are the ioso price: of grain at our market to-day : Wheat. Barley. I Oats. Ben ' First ... ... 42s 6d233 61 19s Od 29s ~,, Second ... .. 343 hl 204 541 I :6s 8d 255; Jul Third ... .. 283 Od 174 6d 1143 01 22v 0 1 Total quantity of Wheat in market 502 qrs., 496; ;sold Do. Barley do. :360 qrs., 48$ :sold Do. Oats do. 568 qrs., 52L ;soil Do', Beans do. 79 qrs., 41 101 d KIRKALDY, DEC. B.—The following are the qaotatlou s up to this date : Wheat. Barley. Oats. Beans. I , esg. First ...423 Od 234 Ocl 20s Od —s Od —ts Od Second 373 6d 191 6cl 17a Od —s Od —al 0 1 Third Oatmeal, per bag of 280Ibs. imp., 25s to 00s Od. GLasoow, DEC. 6.—Provisions—Cheese, 46s to 503 O d per cwt • retail, 5d to 6d per lb. Skim milk, 18s to 000 ;Pe r cwt. dountry fresh butter, 9J to lld per lb ; Irish v o dered, in lumps, 9d to 10d ; country powdered, wholesale, :ILI to Bd. Country eggs, 9d per dozen ; carried hen ditto, .5e per hundred, or 7d per dozen. Hens, 2* Od per pair ; disc 10 ' 2s Od. STIRLING, DEC. 7.—Wheat, foreign, 21s to 24s Od; tt ° : home, 2:s Od to Os Od ; ditto ditto new, 16s to 18s ; barley„ boll f 6 bushels, 00s Od to OOs Od ; ditto new, 12, to 17s rs , V oats, common, 12, Od to 13s Od • ditto new, 9s Od to 10s ditto, Flemish, Os Od to Os Od ; ditto ditto new, Os Od; te , ‘" distillers, 33s to 35: ; ditto brewers, 35s Od to 38s ; besa !!! per boll, Os 01 to Os Od; ditto new, 16s Od to 17s 6d; pe 14s 6d to Os Od ; flour, new, per sack, 31a to 35s ; ditto com 1 13 17 ditto, 24s Od to 25s 6d ; oatmeal, per load, Os Od to oa; 4 fi u ; ditto new 26s Od to 28s ; ditto per peck of 71bs, Bid to Os V_ , ; fresh butter, per lb, 8d to 10d; eggs per dozen, 6cl to . - 7 " hay per ton, 44s to 475. .o KELso, DEC. 7.—Wheat, old, 00s to 00s ; ditto, new, •:•,„ to 30s t.d ; barley, new, 14s to 16s 6d ; ditto old, 00s 0u " 00s ; potato oats, OOs to 00s ; ditto new, 11s to 13s Od ; c‘ mon oats, 00s to 00s Od ; ditto new , 10s to 12s Od ; peas, 9 " to 24s Od; beans, 20s to 24s per boll of six imperial bushel 0. 41 PERTH, DEC. 6.—Wheat, 32s Od to 44s Od ; barley, 1,4 to 23s Od ; oats, 14s to 16* ; peas and beans, 25s Od to 2 8 s ; per quarter. Oatmeal, per sack, 26s to 28s. FALKIRK, DEC.; 6..—The supply of grain in this d market was 747 bolls; wheat at 15s 6d to 18s 6d per b. 1 1 !,j barley, 14s 3d to 17s 3d ; oats, 1 is 01 to 14s Od; beans, 12 s to 13s Od per boll ; oatmeal, Os to Os per load. HAWICK, Dic. O.—Wheat, new, 26* Od to 301 Od; barllo3 l, new, 14s to 186 Od ; ditto old, 00* to 00a • potato eat so 121 Od to 14s Od ; common oats, 11s to 14s Od; peas, 20s ( K 1 to 241 Od ; beans, 20s Od to 24s Od per boll of six impe ri sl bushels. BYRWICK, DYe. 6.—Wheat, 32s Sid ; barley, 19s 4 d oats, lbs 4d ; rye, Os Od ; beans, 003 Od ; peas, 24s Od ass ' rage per imperial quarter. COAL MARKE' Bate's West Hartley 163 Co Chester Main l6s .9(1 East Adairs Main l4s 3d Holywell Main ..... 17s Od West Wylam Wall's End, &c. Buraton Killingworth 18s Od i Ilarton Hilda l7s 6(11 Original Gibson Lambton Primrose 18a 3d Braddyll Retton Haswell l9s 3d Lambton g.. -..YESTERDAY. Stewart's 199 64 hitwell ... ISs ": K a elloe W ~.1 , j s 7 6 ; South Hartlep00l 159 i ;1 Whitworth Adelaide Tees Cownden Tees ... Welt Tees Cornforth ....•••• 1 1: ( (°i F' I I Anthracite ...... 25s l , Aberaman Steam 22s IP" I Birehg.Graigola,hdpk 16s 'Nixon's Merthyr and Cardiff .... ..... 21a Ships at market, 45. RAILWAY StiAith MARKETS. BRISTOL, DEC. 10. STOCK EXCILANOL—The market to-day was tolerAb try firm for all descriptions of shares, although the atnev t o. of business concluded was not very considerable. 1 01 only varitions in prices were-Midland Stock, 50-Bris t and Exeter, Thirds, 12 dis. LIVERPOOL, DEC. 10. jl SWOCIE ExcuArtou.-The share market was rather du in the early part of the day, but at the close prices Wel e . shade better. The transactions were as follow :-Birk e % head, Lancashire, and Cheshire, (late C. and ti.), 6 per et, till 1850, 12%-Lancashire and Yorkshire, Consol. dis.-Ditto, Preston and Wire (No. 1), 38t/--Load ? ,;" and North-Western, 113 c.-Ditto, New Quarters, 16s. " j , p.-Midland, 50-Ditto, Halves, 20 3 / t dis,- Ditto. Colt (13 and D), 25 3 / 4 -North Union (A), 225 -York, Newc oD ; and Berwick (Original N. and 8., G. N. E. Purchase) , per cent. till 1850, 4 1 X, dis. MANCHESTER, DEC. 10. STocK ExcHANGx..-The transactions to•day were w ag : follow :-East Lancashire, IFX,-Edinburgh and 01341, 0 , 29 1 4-Lancashire and Yorkshire, Fifths, 9-16 dis.-1 - 4 0 °':, and North-Western, 1134 -llit'o, New Quarters, N P',„,. Ditto, Manchester and Birmingham (C ), Quarters, 1% P',„, Manchester, Sheffield, and Lincolnshire, Preference, 9"1 North Staffordshire, 9 1 4 dis. BIRMINGHAM, DEC. 10. . Of STOCK EXCHANGE.—The prices of shares in local lOr t ie railway remain stationary; and generally there is 11 : 30 . speculation in any other railways in th e mar k e t. nr tli putes in which the Shrewsbury an d Bi rm i ng h am and ,',"ibe Staflordshira Companies are i nvo l ve d, t o sa y no thing 0. 0 - recent proceedings of th e S ou th St a ff or d s hi re , ren der it ? .. , 1 probable that there will at pre s e n t be an y material 1 ' provement in their respective quotations. - YORK, DEC. 8. STOCK Exclutrton.— -The transactions to-day vre— follow Great Northern, VA North British, Preferen 51. Os. 9d.—York and North Midland, 1714. [ADVERTISEMENT.] —Hollo way's Pills, a sUper i f remedy for old Coughs, recent Colds, and Asthmatic C o ';',o plaints.—lt is confirmed daily by persons who have been g o ld sufferers that these wonderful pills are an effectual cure for d coughs, recent colds, wheezings on the chest, shortne o or breath, and asthmatical complaints. Such are the csP . „ g i f e dinary powers of Holloway's Pills tin.t a few doses will I'd relief to the most obstinate cases of diseases of the chest , $ e r those who have been afflicted for years, an d f oun d every °th'e medicine useless, may, by a little p erseverance an d car e, obta l foi . a permanent cure. They are &so an effectual remedY hoarseness and complai n t s o f t h e t h roat . — S o ld b y all Dr„-tll gists, and at Professor ll o ll owa y' s E sta bli s h men t, 244, St r— London. BIRTHM. G e orgi 6tiS On the Bth inst., in Wilton crescent, Lady Romilly, of "a son. On the sth inst, mes Pratt °C 412 twin sons. —oe , On the 6th inst., the wife of W. IL Hood, Deptfordw r of a daughter. fi e nd On the 6th inst., at Yately-hall, Hants, the wife of xi P. Collett, Esq., of a daugh:er. tbo On the 6th inst., in Dorset- s'reet, Portman.Equa ret wife of 11. Harrimoo, Esq., of a daughter. dn ' t 4 On the 7th inst., at flank y Rectory, near Alton, the wife cf the Rev. J. T. Plummer, of a da u ghter..., (Jo e On the 7th inst., at Park-house, Shiffnal, blrs. I I • of a daughter. On the. 7th inst., in Clapton-square, the wife of May, jun., of a son. 1 Dal MARRIED. of On the 12th ult., William, eldest son of W. Tyler, fi s lo, Tulsa-hill , to Frances, eldest daught e r of Edmunds A" Esq., of Camberwell New-road. ro; On the Eth inst., at the church of St. Mary, B ar ,, r) ,;;, °,` mercy, Totnes. Devon, William Crawford Stow, 1- ',', Camberwell, Surrey, to Hermina Georgians, eldest ' l i .a u t;,oo o of J. G. Waller, Esq., late of Thurlow-lodge , •° °r Su Oa re the Bth inst.,at St. PancrasChurch, New-road, u rt. to only son of the late Mr. S. Redrord, of Ilam_pton-c°°S.4' Isabella Th mss, second daughter of the late T. Jaes , . of the Regent's-park. A , 6r lED. On the 3d inst., at Shanklin, Isle of Wight, ag,t,., 2 of George Charles, second son of the late Colonel &few' Derby. Pe leer On the sth inst., Charles Holland, Esq., of S t. terrace, Hammersmith, aged 82. ra F On the 7th inst., iu llamilton-place, New-road, -13 Judd, Esq., aged 71. e IS" . On the 7th inst., in Wilton-place, Belgrave-sclua r ' Isabella Dunlop, aged 90. ..f a lor; On the 7th inst., at Belan-hill, near Chepstow, o`e General Sir E lward Keynton Williams, K.C.8. , C °l°ll- the 80th Regiment, aged 71. London ; Printed and Published by MURDO vl4 O . 1 1 1 No. 112, Strand, Printer, at The Sun Wee, tf Strand, in the Precin•t of the Savoy. in the Middlseex, Tuoitly, December 11, 1849. Of a Street Tk e UAN - , or so% TRAP . 1 001, p • his gab Apps • at the 1 / 1 1 ante, • =$ 1401), A ne Essex Imm tntert free._ Botanli transps dies, Is and 60e Is. 4d. 2s. 6d . ; sealing wareho Court I ./ I At ai yike ' ,im e d /retie et thee, Oaei .ZO4 'Retort taxo n ., %stabil Caatl %dim, Alsi t h e , 444 hoe be ht or 0 , IS t., 81 ‘ 4l St 0 r ti t htlin ?ate 1 ' D,►=. the witt ettih She 6th house Stab' Tree; An semi for 11 nlbssl or be Math Th Head of tip Office Whit, "rite : Perso of Ju, well a AC Inylte and n aye isi stains Pardo • dee, rang), S BECU Ap C 014•5 ......... D IVit; ........_._. ~~~