The Sun. — London, England, 1842-01-28 00:00:00

THE SUN, LONDON, FRIDAY, JAN ILLEGALITY OF TITHE COMMU TATION. PARLIAMENT EXCOMMUNICATED. (From the Western Lyininary.) On Monday last, at a m ee ti ng h e l d at the New Lon don Inn, for commuting the tithes of several parishes, tlir following Protest was delivered to Mr. Assistant Commissioner Louis by Prebendary Dennis: Protest of the Rev. J ;nes Donnie, Prebendary-, Bachelor of Civil . Law, and owner of the moiety of the benefi ciary interest in a lease, for a certain term of years, of the rectorial tithes of the parish of St. David's, in the County of the City of Exeter, and of the manor of Rooksdon, in the parish of Heavitree, in, the County of Devoie The said Jonas Dennis protesting, declares, that having been summoned to attend slivers meetings of proprietors and payers of tithes, in. the aforesaid parishes, at the New London Inn, in the months of December last, and of Januar/ instaet, convened by George Louis, Esq., Sub-Commissioner, as is asserted, for the com mutation of tithes, by the alleged virtue of a certain provision of an Act passed in• the sixth and seventh years of King William the Fourth, in titled " An Act for the Commutation of Tithes in Eng land and Wales," he cloth not voluntarily consent to anz act, proceeding, or agreement, of the said Sub-Commis sioner, title-proprietors, or tithe-payers, t o e ff ect t h e PruPostet unconstitution a l, and therefore unlawful com mutation and annihilation of tithes, otherwise than by noncurrence, compelled, and extorted tinder terror of the plan and penalties denounced by the said Act. First—Because the provisions of the said Act of Par liament are a direct violation of the English C.onstitu tion, and, therefore, form no part of the stringent law of the land ; the said provisions not having obtained Me previous consent of the respective convocations of Me bishops and clergy of each province, notwithstanding that such convocations having been convened and assembled concurrently with the said Parliament, at the ti : - ,e of passing the said Act, continued toconstitute the first o f the three estates of the realm, t o which function of legislation, as to the disposal or moditl eaa n on o f eac k e n astical endowment with tithes, con:leinlay and primarily pertaieed. becendlY — Because the previsions of the said Act are further demonstrable en an infraction of the English Censtitution, and °'msequently form n o . p art of the stringent h'w of t'ae hind, inasmuch as they are a direct vio:ation of that fundamental law of the said Constitu lotion, the unrepealed Act of Henry 111., commonly called Magna Charta, whereby it is enacted, that " the Church of England shall be free, and shall have all her whole rights aintLiaerfies Thirdly---.T.,eeause by a st a t u t e of 37 Hen. 111., it is enacted that the sentence of excommunication is de nounced against "all that secretly, or openly, by deed, word, or council, do make statutes, or observe them being made, and that bring in customs, or keep them when they be br oug ht i n, aga i nst the said liberties, or any o them, the authors, law-make rs councillors, and the executors o f th em , an d all those that shall presume to . judge against them, all and every which person, let them know that they incur the said sentence ipso facto, i. e. upon the deed done." Fourthly—Because by a statute of 25 Edward 1., c. I, it is enacted that " the said charter be confirmed," and that "all justices, sheriffs, mayors, and other ministers, shall allow the same pleaded before them in judgment, in all their points ;" and*by cap. 2 it is provided that " if any judgment be given from henceforth contrary to the points of the charter aforesaid, by the justices, or by any other ministers that hold pleas before them, against the points of the charter, it shall be undone and holden for nought." Fifthly--. Because, by a statute of 25 Edward I. "all persons, of whatsoever estate they be, .are enjoined to maintain and uphold all the said articles of the said Magna Charta, on pain. of the sentence of excommuni cation." bixthly—Because, by a statute of 28 Edward 1., "it IS enacted that the said statute of Magna Charta is ra tified and approved by the King, and confirmed and made staoag for him and all his heirs perpetually." Seventhly—Because, by 19 subsequent statutes, harnely, 14 Edw. 111., cap. 1, 25 Edw. HT., cap. 1, 50 Edw. HI., cap. 1, 1 Ric. 11., cap. 1, 2 Ric. 11., cap 1, 3 Ilic. IL, cap. 1, 5 Ric. IL, can. 1, 6 Ric. IL, cap. 1, 7 Ric. IL, cap. 1, 8 Ric. IL, .e p. 1, 12 Ric. 11., cap. 1, 1 Lien. IV., cap. 2; 2,4, 7,:,f;, and 13 Hen. IV., 3 Hen. V., cap, 1, and 4 Hen. IV., cap. 1, it is enacted, nearly in the same words, " that all the privileges and franchises granted 'heretofore to the said clergy, be confirmed and holden in all points." Eightly—Because, by I William and Mary, cap. 6. the following oath is required to be taken by the King, or Queen, as the condition of coronation, " Will you preserve unto the bishops and clergy of this realm, and to the churches committed to their charge, all such rights and privileges as by law do, or shall, appertain unto them, or any of them ?—All this I promise to do." Ninthly—Because, by 16, 17 Car. 2, c. 1, and 22, 23 Car. 2, c. 3, in an Act fongranting a subsidy to his Ma jesty, by which the endowment of the Church with tithes, previously exempt from Parliamentary taxation by virtue of King Ethelwolph's charter, were first included in the general taxation, it is " provided that nothing herein contained shall be drawn into example, to the prejudice of the ancient rights belonging unto the clergy of this realm, by the force of which saving clause in the reign of King George 11., Mr. Spealter Onslow reminded the House of Commons, that an Act of Parliament affect ing the property of the Church, was not binding in law, without the concurrence of the clergy assembled in con vocation having been first obtained." Wherefore, fortified by such high authority, and on the various grounds before enumerated, the undersigned tithe. owner protests against the proposed, or accom plished annihilation of tithe by commutation, in the pa rish of St. David's, Heavitree, St. Thomas the Apostle, St. Sidwell's, Kenn, Payhembury, or any parish wherein he is tithe-owner, or either by himself, or by his tenants, payers of tithes, such commutation being devoid of con stitutional authority, therchre illegal. JONAS bENNIS, 8.C.L., Prebendary, Impropriate Rector of St. David's, Parish of R oo k s d on, M anor. To Georg e Louis, Esq., of for Commutation of Tithes. - • PClsloe-park, J an . 24 , 1842. ANTI-COIN-LAW MEETING AT T A public meeting was held in the T r i n i ty H ouse, Leith, on Monday, to consider the propriety of petition ing Parliament for the_repeal of the Corn and Pro vision-laws. Provost Woof , ' being called to the Chair, shortly ex plained the object of the meeting. lie thought they were entitled, as members of an important and thriving commercial town, to consider the working of these laws; and from the same circumstances, they were naturally called upon to consider what ought to be done to relieve the present distresses of the country.—(Hear.) Mr. BERRY moved the first resolution, to the effect that, of all the protective duties, the Corn-laws were the worst. Surely that law was the worst which taxed the daily end necessary food of man more than his luxuries; which aggrandized-the rich and impoverished the poor ; which aggravated the wants of the cottage, impaired the health of its inmates, and barred the education of their children. —(Cheers.) Bailie Muse seconded the resolution. DANIEL ItPGILVRAY moved an amendment, to the effect that the extension of commerce had not benefited the. working population of this kingdom ; and that the repeal of the Corn-laws would not be sufficient relief to the working classes,' tvhi!e there are so many standing laws equally hostile to ttiNt• interests. JOHN MACRAE, another working man, seconded the amendment, which was put and negatived ; the original motion being carried by a large majority. Mr. RUTHERFORD, M.P., then moved the second resolution, to the effect that the aim and object of all monopolies was to benefit the few at the expense of the many, and were therefore always injurious to the people, particularly so when applied to their food. In speaking of the amendment which had been moved, he said, I am sure it would be a great boon to all—to the working classes especially—if these laws could b e repea l e d or a b • rog,ated,,or even if they could be ref orme d. The Hon. r h M em b o - ming addreseci the meeting at some length, ccncluded by movin his resolution. Mr. D. Tno3i seconded - the motion, and it was carried unanimously. Other resolutioni were movcd and seconded by Mr. Cassels,' Mr. Lawrie, ReT. Jame and Mr. Mitch M• 3 Harper, Rev. I.Cul len,- and carried a,lmost unanimously ; and a petition to Parliament, founded on the resolutions, was ado ti ts on the motion of Councillor Gilley. MONEY friAltliET;nd CITY NEWS. FROM THE MORNING PAPERS OF THIS DAY. POST.—In the course of the morning the Chairman of the Spanish Exchequer, or Treasury-Bill Holders, had an interview with Senor B orra j o, on the subject of the payment about to be made to the English creditors of a years interest on overdue interest ; the result of which does not appear to have been otherwise satisfactory, than as regards the acknowledgment made by Senor Bull of the undoubted prelerrability of the claims of this class of sufferers (the Treasury bill holders), of the pro priety of which acknowledgment he _(the Chairman) has from Senor Borrajo a full confirmation. It is fairly conceded that the case of the Treasury bondholders cannot, with any justice, be blended with that of the coupon holders, a matter of comparatively recent d a t e ; but, w i t h all this, it turns -out that Senor Borrajo has no authority to pay one sixpence even of the .niterest accrued upon the advertised Ambassadorial money, bills be evide n t or Promissory no to ev ery one,tes due in 183 i% must Pow,.•kn; if, indeed, there had leen before a doubt upon the point, that the Three per"cent. ). We understand thaTil,,, DUlieof Bu,s ,7 kinl, has now an agent busied in wai t i ng on his - fi u ' e a l r c n s Ic s nclholtlin; tenantry, with notic,s, fur the'r siuca tnres, forbidding Baron ItothF: , child, his man, whippers in, &a. , from hunting o n or hu l at s - uver any of his Grame's lands. The tenantry are not allowed to exercise their opinions in the matter, but sign they must. We know several tenants who have. signed it with reluctance. In one instance which has come to our knowledge, on the person in charge of the notices (one of his Grace's well pqi(l labourers), calling; at the house of a tenant for the signature, the individual was not at home ; the per4o n in' - '4 , .flrf!-e of the hooF,tl hcsitr:ted :is to the signing , oil that " Grate will un , ..',lT if 'taint signA". suid the messenger. This was sufficient. The signetore Was immediately at t4ebetl. —Aylesbury Neu% he Spinish we proclaimed it to be in the first SPIRIT of the PUBLIC JOURNALS. isrischtaemticee,isnajmusetly7 FROM THE DAILY PAPERS OF YESTERDAY. GLOBE.—The Tory candidate for Dublin haa I which arc - .' ' What t other of the artful contrivances of EX'anitive and their friends of the bolgu, obtained a majority of 9,00 on the first day's poll. ,_. n resorted to for the purpose of working up i The almost frantic exultation with which this in- L nices, and of paving- the way to further loans. Admit .,sed appre telligence has been received by the Torie . s .,, eon. ting the entire justice of Mr. Taslier's representations, firms the already-sufficiently-disc: r and consequent M. Borrajo undertook to write out to his Government for instructions as to the proposed payment of 5 per cent. in hensions of the party, that det._ , in. . If the Polling-lists terest, for 1841, to the Treasury bondholders, as well as destruction, awaited . _ the . ; to ascertain what course it is intended to pursue in the :It 7.'1 t be seen that the triumph a f justment of that previously due, being for the period four years, and • likewise . what will: be done with the in be of e the examined o ra Iw , ~men and their patron .Govern- o inept is - grem'ature. Instead of ministering. capital. If the Spanish Cortes would have their laws h i. opP,, aud.justifying anticipations of final vie- respected by others, they should be careful to respect story, the lists disclose their weakness, and prove them themselves ; b u t h ow i s t h e fact ? While the de only the desperat e means their agents have cree of Gamboa, the automaton of M. Mendizabal, passed been driven to employ, in order to obtain the in 1841, is to be acted upon, that of the great financier temporary advantage to which they refer their desponding adh erents. The polling will con- himself, passed in - 1836, is to re ma i n a d ea d l etter—a monument of bad faith the most unparalleled. tinue litre days. It is, therefore, evident that CHRONICLE. —lt is believed, on the Corn Exchange 1 the state of the poll at the close of the first day on th e i r and in commercial circles, that the Cabinet have decided . cannot possibly, in a Constituency so large as plan for altering the present fluctuating scale of duties on foreign corn. .The . new scale, as we stated on that of .Dublin decide anything beyond the fact t , Monday last, is to 'O3 a minimum duty of four shillings that, with whichsoever of theartiestlie ina:o tiis found, that majority was, in p all probability, ob y tamed by the s u p er i or act i v i ty used in bringims average price is at or b e l ow 56 5 . per quarter up the voters, aided by the superior faciliti es ate an d q a u m a r a t x e r i m w n h ni en o f th t e we a i v z t e v rag i j) i r n i g c 3 e p is er a e t u a o r r t e a r b n o_ v h e e n 6 t 4 h s . e , ua ; the dut l falling t wo .shillings Fir quart er f or every r i se o f pne shil y forded to that party in approaching the polling .booths. Thi s v i ew of the case appears t o b e f u ll y ling per quar t er on t h e average pr i ce. The averages are to be taken fr om th e ac t ua l sa l es o f t h e growers only, to Justified by th e c i rcumstances attendant on the be ascertained, und er sp ec i a l regu l at i ons prepared for first day' s po lli ng, b y which Mr. Gregory ob- the purpose, from the weekly returns to be made out through i the principal market towns of the United King thetaiued his boasted, but- fallacious majority. At by the district officer of . Excise.. London, Liver last election the Liberals were in a majority L prol, and Hull are not to be included in the returns. on the first day's poll, equal to that obtained by the Tories on the first day's poll of the present contest—and yet were defeated. This we men tion as a sufficient answer to the exultings of the Tories over a merely nominal and 0- enerally de ceptive advantage. But w h en we e 'look to the lists, and see of what that majority is made up, there is enough to ch eer , and nothing to dis courage, the Liberal party. By polling ticir freemen emphatically theirs, because they made and pay them—in numbers - greater than they have been in the habit of doing on the first day, the Tories obtained an early superiority. This will sufficiently appear, when it, is stated that more than two-thirds of the entire number Of votes recorded for Mr. Gregory were free men, and that a considerable number of these were created by the late Lord Mayor, a few hours before he and the o ld Corporation became defunct—a termination being put to the doings of that proverbially unscrupulous body by the Irish Municipal Reform Act. - As the law re quires a voter to be six months on the registry hefitre he is qualified to exercise the franchise, and as these last creations of corruption have only been in existence two months, their votes will, necessarily, be disallowed, shOuld the merits of the election become the subject of inquiry before a Parliamentary Committee. STANDARD.—The late Oxford controversy has left a legacy of inconvenience in the uncer tainty into which it has cast the meaning of cer tain important , words,--words rendered im- portant by the arguments which it has been attempted to deduce from their etymology : The terms Catholic and Protestant,. though neither is to be found in the Scriptures in the sense in which thy have been applied, are treated as if they had, like the letter in the Gematica. of the Kavbalites, a specific and mys tic power, and the most violent deductions are made from them. We need, however, scarcely to remind our readers that " Catholic" means simply universal; and that when it is ap plied to the Church it means neither more nor less than the whole community of Christian wor shippers on the face of the earth. In this sense —its only proper sense—it is not merely tlifr:- rent from, it is contrasted to, the Church of any particular country; there -can be such thing as a Catholic Church of England, or a Catholic Church of Rome, though the Church of England belongs to the Catholic Church. As to the so called Church of Rome, it is, according to our ar ticles no Church at all; therefore it is neither the Catholic Church nor part of the Catholic Church, although, questionless, millions of Ro manists are members of the universal Church, and, as such, good Catholics. There is something curious, end not uninstructive, in the assump tion of the title Catholic by the Romanist com munity. For about eight centuries, that is, while the west of Christendom lay in ignorance, and rested in communion with Rome, "the Church," as it is called, of " Rome " was contented with that title, it called itself the Church of Rome, or the Roman Church. It was not until the Reforma tion warned the Vatican that it was likely to lose large divisions of its votaries, that, among other devices to retain its influence, the Papacy claimed a monopoly of ChriStianity, by calling itself uni formly the Catholic,- that is,, the Universal Church. This title, adopted for the very pur pose of excluding us from the name of Ch r i s ti ans , we have weakly sulimitted to • and now we have this submission—the effect of good humour of inadvertence—employed as an argument to wrest from us the Christian liberty earned by our fa thers. We have more to say upon this subject, though it is one to which we do not like to advert, but we shall try to discharge ourselves of it once tbr all. COURIER.—The Morning Chronicle is sore and wrathful that, as a matter of taste, Earl de Grey should seem to prefer Mr. Gregory as the candidate for Dublin over Lord Morpeth, the patronized puppet of Lord Mayor Daniel O'Connell. This may seem odd to the Chronicle, which has one rule for its own party and another for its opponents; but it would he more odd still if Earl de Grey might not be per mitted to indulge a taste of his own, as well as Lords Normanby and Fortescue his predecessors. So long as the Lord Lieut enant d o e s not, like LordNormanby, openly canvass for the ob jects of his preference, or clandestinely connive at the " death's head and bloody bones" system for annihilating the freedom of election, and car rying the candidate of his private preference tri umphantly to the poll over the mangled car cases of hostile voters, by their violent abduc tion, or waylaying and assassination' by hired gangs of ruffians, or by any other of the uncon stitutional and atrocious practices which were the rule and not the exception of Whig-Radical ad ministration, under the Noble Marquis at least, we cannot understand why the present head of the Irish Government may not entertain in peace his individual predilections and opinions, when, as a singular phase in Irish history during the last ten years, they are not allowed to interfere with the impartial exercise of his public duty. A trumpery charge is indeed alleged against his Lordship that such impartiality has not been ob served, and that the light of the Vice-Regal - countenance has beamed too favourably and conspicuously upon the cause of Mr. Gregory, and per contra withheld from Lord Mayor O'Connell; for as to his candidate, the man is not even in court or a consenting party. to the suit carrying on in his name. The primary proof; obstreperously vociferated . by the Radical press on both sides-'the water against the impartial bearing of the Viceroy, is based on the fact that Lord Jocelyn, one of the state officers of his Lordship's household, was ab solutely seen (tell it not in Gath !) arm la arm traitorously promenading the streets, and `cold ' ing criminal converse with Mr. Gregory, the constitutional presentee of the city of Dublin. No other overt act of vice-regal treason was made out, or could be discovered, from this mon strous twin conjunction of old friends or ac quaintance, but a deadly plot was scented at once to be in agitation as surely as that Irish swine snuff the wind a-coming though afar off. We chance to recollect, and 'in the latter days of the late Ministry too, when Whiggery was not quite so fa s tidi ous , an d when Lords of'. the Bedchamber were unceremoniously discharged, not for the hi g h cr i me an d inisdemea,nou of voting against their liege Lords of the Govern ment fitction, but absolutely for not voting at all, and affecting neutrality, if not independence. We can remember, moreover, when the Queen Consort of England, now our excellent Queen Dowager, was not tolerated in the retention of her own Chamberlain, because in the consistent discharge of his duty, and in consonance with the public principles of his whole life, he presumed to a will and a vote of his own, not in unison with the acts and the sentiments of the powers that were. What would have been the fate of any officer of the household of Lord Normanby, who should have refused to be dragged in the mire of the O'Connell car, or even have cut the honour of his personal ac quaintance' in the streets of Dublin, may be readily conjectured from these significant ex amples. LAW INTELLIGENCE. COURT OF CHANCERY, Jan. 27. The Lord Chancellor sat in his Court at Westminster and took appeal motions to-day. THE BRISTOL CHARITIES. This case came before his Lordship upon petition praying the confirmation of the Master's Report, finding that certain charities in the City of Bristol came under the 71st section of the Municipal Act, and finding also that the trustees of the other charities of Bristol would be proper persons to be trustees of the other charities. The LORD CH. NCELLOR granted the prayer of the petition, confirming the report of the Master. WALKER V. FLETCHER. _ This case•came before the Court upon two appeal mo tions, the objects of which were to discharge an order pronounced by the Vice-Chancellor of England, by which his Honour refused to dissolve an injunction he had granted restraining two of the defendants, Messrs. Popes, the coal merchants, from proceeding with an action-at-law, which they had instituted against the plaintiffs, for the value of certain coals which had been lost at se. From the statement of Mr. Richards, who was in support of the application, it appeared that the plaintiffs Messrs. Walker and Co., were in and previous to 1841, the owners of a vessel called The Hunter, and Joseph Fletcher, one of the defendants was the registered owner of a vessel called the Robert. The Hunter sailed in January 1841, from London to Sunderland, and on the night of the 22d of that month, she came in collision with the Robert. The latter vessel sunk immediately, and the crew of the Hunter abandoned her, she caught fire, and ultimately went down. On board the Robert were coals belonging to the defendants, the Messrs. Pope. In con sequence of the collision having taken place, Joseph Fletcher, the registered owner of the Robert, brought an action in the Court of Queen's Bench for the injury sustained by the Robert against the plaintiffs. That action was tried at the last Spring Assizes for Surrey, when a verdict was entered by consent jor the plaintiff Fletcher as the owner of The Robert, and the damages were estimated at 5001. At the same Spring Assizes at Liverpool the present plaintiff brought an action against Fletcher, alleging that the Robert ran down the Hunter, and claiming damages for the injury. In that action Fletcher was also successful, and obtained a verdict. Since then Messrs. Pope had brought their action against the plaintiff for the value of the c:,als lost ; and to restrain the proceedings in that ac tion the injunction had been granted which it was now sought to dissolve, The arguments had not concluded when the Court rose. THE NEW JUDGE. In the course of the morning, Mr. Cresswell was sworn in, in his Lordship's private-room, as a Sergeant and one of the Judges of the Court of Common Pleas. ROLLS' COURT, Jan. 27. WILSON V. TINDALL. His LORDSHIP gave judgment in this case this morn ing, and made the following order:—That on the first hearing of the case the Court, not thinking there had been a sufficient breach of the injunction to commit the defendant, ordered the case to stand over, for the pur pose of inspecting an affidavit from the defendant, since reading which the Court considered the breach of the injunction to be founded on mistake, and therefore now ordered the defendant to pay the costs of this application, leaving it open to the parties to make an application to the Lord Chancellor to have the injunction reversed. The defendant to be restrained, in the mean time, from vending the cocoa-nut oil candles for which the injunc tion had been obtained. • His LORDSHIP th en p rocee d e d to take motions, none o which possessed any features of public interest. VICE-CHANCELLORS' COURT, Jan. 27. (Before the VICE-CHANCELLOR of ENGLAND.) QUARRIDE V. COLSON. This case came before the Court upon motion for an • injunction to restrain the defendant, Captain Colson, • from proceeding with an action which he had brought against the plaintiffs, the executors of the late Captain Tobin. It appeared that sometime since Captain Colson and Captain Tobin met together at Baden Baden, that a friendship sprung up between them, that they travelled the Continent together, and that Capt. Colson advanced several sums to Capt. Tobin, for the purpose of paying his travelli ng ex p enses, and he had also lent him money when they had been amusing them selves in the gambling-houses on the Continent. On the return of these gentlemen to this country, they went over their accounts, and Captain 'robin gave his 1.0. U. to Captain Colson for the amount due to him. That amount had been stated variously, the plaintiffs submitting that it could not exceed 475/, while the defendant contended that it was 5251. The plaintiffs submitted that inquiry ought to take place into the manner in which the debt had been incurred, and offered to pay the 4751. into Court in consideration of obtaining the injunction ; on the other hand the defe n d an t urged that the ques ti on was I entirely one for a Co ur t o f Law. The VICE-CHANCELLOR granted the injunction upon the terms of the plaintiff paying the 4751. into Court within ten days; if that was not done he should refuse the motion with costs. - (Before Vice-Chancellor BRUCE.) His HONOUR was engaged during the early part of the morning in hearing motions of no particular interest. OLIVER V. LATHAM. The arguments in this cause were resumed to-day, and were continued to the rising of the Court. The facts shall appear when judgment is given. (Before Vice-Chancellor WIGRA3I.) No case of any public interest came under the atten tion of the Court. COURT OF QUEEN'S BENCH, Jan. 27. THE QUEEN V. THE MAYOR OF LICHFIELD. This was a rule calling upon the defendant to show cause why a writ of mandamus should not issue directed to. him, and commanding him to insert upon the muni cipal burgess -roll of the Borough of Lichfield, the name of the applicant, George Alton. Mr. WADDINGTON now appeared to show cause against the rule. The application had been made linger the pro visions of the Ist Vic. ch. 78, sec. 4, and their Lord ships had held in former cases that they were to require of the applicant to show that he was e::,itled to be placed- on the burgess-roll ; because if the rule was granted, the Mayor would he compelled to place the name of the applicant on the burgess-roll. The affidavit of the applicant stated that he had been for several years an inhabitant-householder of the borough ; that he had paid all the rates made for the relief of the , poor ; and all the borough-rates which under the provision of the Act of Parliament had become payable by him in re spect of such house or tenement. He also stated that he was not an alien, and had not received any parochial relief, alms, or other p u bli c c h ar it y f or a certain period. It appeared that the Mayor, who now showed cause against the rule, was -not the Mayor who presided at the revision, but the present defendant believing that there were two serious objections to the defendant's qualification or claim, had thought it right to oppoSe the motion. - The first objection was made at the revision of the list, and he had then been duly objected to on the . ground that he had been three years in arrear to a rate imposed under the provisions of a local Act, the 46th Geo. 111., chap. 32, for lighting, paving, and watching the city of Lichfield. The objection was twice heard before the assessors, and the majority were of opinion that the ob jection was fatal, and the present application was now in the nature of an appeal from that decision. The other objection was, that the applicant had been receiv ing for several years relief out of the funds of a public charity of the town, called the Wakefield Charity ; and that objection was made upon the affidavit of Dr. Har wood, one of the trustees of the charity. Now, with re gard to the first objection, the 76th section of the Mu nicipal Corporation Act provided that the party shall not be entitled to be placed on the burgess-roll, unl ess he shall have paid all such rates payable by him in re spect of such premises. He submitted that the rate in question decidedly came within the provisions of the Act, and at all events it must be taken to be included in the borough rate. With regard to the second objec tion, the questimi would turn upon what amounted to f t u h n e d r . ecei H pt e of su a b l m m i s tte o p d r t i h ib a le charity t i thecha from any borough rity,althotighnot entrusted to the charitable trustees of the borough," caine within the meaning of the word " alms" in the Act of Parliament, and it was shown that the applicant had been for eleven years receiving relief from the cha rity on the ground Of his poverty. The Learned Coun sel concluded by submitting that the objections he had urged must prevail, and that the rule ought to be dis charged. The COURT was of opinion that the objections urged by the Learned Counsel against the rule were not suffi cient to justify theta in discharging it. It was contended that the voter was disqualified for non-payment of rates, and the receiving of alms or charitable relief. When they looked at the terms of the sixth section, the Court was of opinion that they did not apply to cases like the present in either respect. In the first place, it did not appear that the rate for which the applicant was in arrear, was a rate within the meaning of the Act of Parliament. He was required to pay poor-rates, and such other borotigh rates as were directed to be paid under the provisions of the Act. It would certainly appear as if there. had been some confusion in the wording of the clause, but they did not think, on viewing the whole of the . clause, that they could extend its meaning to rates like the one under the consideration of the Court. The rate was . a partial local rate, and its provisions had not been extended to all parts of the borough, and, therefore, it could not be said that its non-pay ment rendered a man disqualified. The relief which the applicant had received was also more of a private than a further,stee sof was not " any pension or the borough, " f or it would appear that they had nothi ng w h atever to do with fund public e n nature tru st entrusted d ; to and the tr u it. On the whole, therefore, th e C ourt was of opinion that the applicant was not disqu a lifi e d under either of these objections, and his title being admitted to be g6od in other respects, the rule for a mandamus must be made absolute. mitted by the bankrupt. As to the Statenient made by Mr. Warwick, there must have been some mistake on the one side, and it might have occurred without imput ing anything like blame to either. If Mr. Cook had told Mr. Warwick that he held his brother's security for 7,0004 the result might be that he would 'not then have trusted the bankrupt.—(A laugh.) That laugh was uncalled for, particularly with re f erence to M r. George Hitchcock, whose respectability he did not wish for one moment to impugn. With respect to Mr. Wheeler, the manner in which he gave his evidence to-day was full proof of his undoubted respectability.—(Mr. Wheeler here strongly complained of an allusion made to him in the Times, that he sought to compromise his debt with Mr. Cook. He denied that he ever had done so, or ever intended to have done so, and he was sorry that Mr. Cock shOuld in any manner have concocted. what passed at a friendly meeting into an overture of a most unworthy compromise.--(Applause.) Mr. Humfrey was glad that he had permitted this interruption, as it gave Mr. Wheeler a pulslic opportunity of giving his o n statement fully to the world ; and thus far as to the only two gen- . tlemen to whom Messrs. Cook and Gladstone had given referenCes. They believed Hitchcock to be a solvent man, and as such, they continued to supply him with goods to the amount of thousands, besides lending him money to take up the bills which he had accepted for other creditors. Their debt was increased from 16,0001. to 20,0001. as the strongest proof of their belief in his integrity. With respect to the rate of interest charged to the bankrupt, it was upon a general average —it was not more than seven and a half per cent. Why was not Mr. George Hitchcock called here to-d a y ? Have no other goods been concealed than those which had been discovered ? No good reason could be sug gested for his not calling his brother or his clerks ; but he supposed he dare not put his brother in the box. He would now call Messrs. Cook and Gladstone who were desirous of giving the fullest information respect ing the whole of their transactions with the bankrupt. The Bankrupt (very warmly)—l can prove that what you have stated is untrue: Mr. HUMFREY—Then you shall have an 'opportunity of doing so by and by. Mr. Gladstone examined by Mr. HUMFREY—I am the partner of Mr. Cook, and we had large dealings with the bankrupt. In May, 1840, I saw him and William Hitchcock together, relative to the ba n k ru pt' s a ff a i rs. 'We agreed upon that occasion to take the security of George Hitchcock for 7,0001. on the condition that he should first look into his brother's afthirs, to see that he was doing well, and to Continue to do so from time to time, and that the bankrupt s h ou ld di scont i nue hi s small wholesale trade, which we believed to be dangerous and unprofitable. He did so, and we took his security for 7,000/. We continued to supply the bankrupt with goods to the end of 1840, and in 1841 (the beginning of it) our account with the bankrupt was 13,3001. independent of the loan of 3,0001. by Mr. Cook. About that time he showed us a statement of his affairs (that now produced to me), and at the time I put the date upon it in the bankrupt's presence. What did he say about it?—He brought it to us at our request, as we wished to know his circumstances be fore increasing his account, and answer any inquiry which might be made respecting him. He said he had been much occupied, and that one or two items in the account were not furnished, but that the statement would show his accounts within a few hundred pounds ; and we were satisfied with it, and went freely into the account. The total debts and credit in that paper show a balance of nearly 4,0001. in his favour. He repre sented it as a true statement of his affairs within 100/. either way. He called upon us again in a few days af terwards, and gave us an account of his monthly pay ments. I asked him how he could meet our account during those periods, and he brought with him this pa per (exhibit B), and wrote it down in the margin ofeach month, and I read it to him afterwards. Now read to us what you so read to him:—" It has expectation that all will be provided for by takings; but there may be a deficiency of 2001. or 300/. besides the bill of 1,2541. Bs. 7d." It was a bill of our own. What I took down was f rom t h e b ankrupt ' s own statement. There is a memorandum upon the back of it in the bank rupt's own handwriti ng; at least e l believe it to b e so— " Wm. Hitchc oc k and Co.'s liabilities, after paying, Ja nuary 4th and sth, 1841, will be—," and then it breaks• off. That was the endorsement upon the back of it, and it contained a further statement, that by the " takings" he wished to be able to pay. off a large amount —say from 1,000/. to 2,0001., by the 4th of May, and a con siderable amount in June and July. At that time he went into the state of his affairs with me ; but not farther than the paper represents. He gave it (the paper) to us as explaining the nature of his affairs, and showing us his liabilities in the different months which were thereafter to become due. Upon that representation we continued to give him credit.--[A letter; dated May 1, from Hitchcock to Cook and Gladstone (exhibit G) was here read, and a minute of the answer to it, on the sth of May, warning Mr. Hitchcock not to keep too large a stock, and not abuse- the opportunity he then had of doing well.] In consequence of a letter from him, of May 15, he applied a sum of 863/. to his account and the 28th of the same mon th the bankrupt stated that he paid off their acco un t u p war d s of. 3,0001., and begging them to let 2,0001. remain for a feW days, and again re peating his promise to abide by their previous " warn-- ing" letter of the 15th of .May, 1841. Another letter of the date of the 15th of May was written to us by the bankrupt, and it had relation to Heel's bill for 8631. In reference to that, I said, we should have a letter with your check, and without being mixed up with other matters. My recollection then carrying me back to the letter of May the Ist, which contained other names, I mentioned it, regretting that such an affair should be mixed up with other matters, and the second. letter was then written. On the Ist of July we sent a letter to the bankrupt, saying— Mr. MARDON—Have you that letter ? Mr. HumFuEv—No ; I have not, nor a copy. Witness proCeeded—That letter said that as his buyers were frequently with 'us, contrary to our under standing with him on the Bth of May, we desired him to instruct them not to come so frequently to us. In consequence of that letter, he called upon us on the following day ; he held a number of letters in his hand, and complained in an imperative tone, that if we did not give him sufficient support, so as to keep him in good credit, it might be worse for him and for us. I said we had given him sufficient support, that we had answered all his references correctly and to the best of our belief, and that we would do no more, as we would not allow ourselves to lie under the imputation of his having a large account with us being the cause of any injury to him. I further told him that I would speak to Mr. Cook, and he might call upon the following day. He did call, and we told him that we had considered the conversation of the previous day, and that we had an offer to make to him, and begged .of him to go for his brother before we mentioned the offer. He did so, and lie and his brother returned . together. I then stated to him that we had been much amazed by the complaint which the bankrupt had made in saying that we had not given him sufficient support, and that having a large ac eount with us was an injury to him in the market. I told him we had no desire to injure his brother, and that we had made up our minds to " write off" a liberal amount from the account, provided he could obtain a party or parties to take our unsecured . debt. I added, that we would lend him the 7,0001., and that as the bank rupt had shown by his stock-taking in January that he had a balance in his favour of nearly 4,0001., the amount to be written off would enable him to carry on his busi ness well. The bankrupt then asked if he should receive the money, or the party or parties who might take the account, and we said that that was a matter for his own arrangement. He then expressed his confidence that he would obtain a party to take our debt, and requested to have ten days for that purpose. We gave him ten days, and they left. Shortly after the bankrupt called again, saying that his brother had sent him to know what sum we would write off, and we said 2,500/. Did he call upon you on the 13th of July ?—H e did, and said he Would not avail himself of our offer, as he had not succeeded in getting a party to take our un secured debt; but he said lie had a proposition to make to us from his brother George, who held the lease of the house No. 118, Regent -street. We asked why his bro ther had not come to make the proposition him self, and the bankrupt said his brother was much dis tressed and agitated in consequence of the extreme ill ness of his wife, who would never be better, and he therefore could. not come. He added that his brother would sell us his valuable lease for 2,0001., and to give us an undertaking to buy it back (if we desired it), and give us a guaranty for 1,0001, provided we relieved him from the bill of 7,0001. He said his brother was very uncomfortable about that bill, as he had not mentioned it to Mr. Rogers, his partner. We rejected the propo sition. The bankrupt said he would speak to his brother, and would call upon us again. He next called on the 16th of July, and found me alone. He said that he had not seen his brother; that lie felt himself much over stocked with linens, and wished that I would receive a parcel back from him for the purpose •of being " re finished," when I said that he might send them for that purpose. He said he frequently bought very cheap goods, and that he then had a parcel of the value of 5001., which he would be glad to sell to any wholesale house. To that I made no reply at the time, and th e nex t d ay I sent him a note, desiring him to s e nd us samples, as we had buyers or them. Some patterns came on the 19th of July, but they were not suitable for us, and we did not order them. The bankrupt called the following day, and made a similar proposition as- to his brother's lease as he had done on the 13th, and I believe he called twice on that day. He urged us to exchange our secu rities, for if he were to fail, or be driven in the Gazette, and only pay 10s. in the pound, we would scarcely lose more than we had agreed to write off from his account, provided he had been able to take it ; and, as we had a claim against Heel and Co.for 863/., we asked him the nature of hits account with that firm, and, after using severe expressions respecting them, he said that they had received bills from him, which they had applied to their own use, and that they were in the hands of the London Joint-stock Bank Company. Gandon and Co. and Cun liffe, and that h e h a d b een, or would be compelled to pay them by those parties, and that closed the interview. When was the next time you saw him ?—I think about the Bth of August ; we had sent him a letter on the sth, giving him notice of • the dishonour of three bills that morning, and stating that if his account was not con siderably reduced, we would be obliged to proceed against him. • Was that letter written in any concert with the bank rupt ?—Certainly not. Had you any communication with him directly or in directly about your writing any letter of the kind ? None. That letter was written in the regular course of business, and I. next saw hi m i n , I think', two or three days. He found nee alone, and said he had found that he could not pay us any money, and asked me 'if the linens had been sent to be re-finished, and I told him they were not yet sent. He then wished me to place them to his credit, which I agreed to do, on pondition that he would allow a reasonable remuneration for want of con dition, or want a vataae to which lie consented ; stating to me at the same time, that he had not entered them in his books ; at millet; I felt surprised, find told him that BAIL COURT, Jan. 27. THE TRIBE OF WILLIAMS. Mr. Williams, the Counsel, applied to Mr. Justice Williams, on a point of practice in the case. of Williams v. Williams, and grounded . his applicati on , w hi c h was merely of a technical nature, on the affidavit of a witness named Williams. EX PARTE TEE COAL AND IRON COMPANY. Mr. ROEBUCK applied for a rule calling upon an attor ney of the Court to show cause why he should not de liver up certain deeds and papers belonging to the Com pany,, and why he should not answer certain matters contained in the affidavits. It appeared from the affidavits that the party in question had been a Director of the Company, and had also acted as their solicitor on behalf of himself and his partner. The Shareholders had since thought proper to employ another attorney, - and he had applied to the party against whom the present applica tion was made, to deliver up the deeds and documents of the Company, which the party in question had refused to do, alleging that he had a lien upon them for his bill of vests, amounting to upwards' of 9001. The affidavits then proceeded to set forth certain charges against the party in question, which we do not feel justified in giving, as the application is an ex parte one. Mr. Justice WxuAAms thought that such charges should have been made the subject of an indictment rather than of such an application- as the present • how ever, under the circumstanc es , h e w o uld grant a rule nisi. COURT OF EXCHEQUER, Jan. 27. JEWISON V. DYSON. This case had been already before the Court on Friday last. The question was as to the right to appoint a Co roner within the honour of Pomfret, which was claimed by the plaintiff as nominee of the Crown in right of the Duchy of Lancaster,'and by the defendant as the ap pointee of the freeholders of the West Riding of York shire. The case was tried at the last Assizes for York shire, and a verdict returned for the plaintiff ; but at the commencement of last term a rule was granted to show cause why the verdict should not be set aside and a new trial granted. Mr. Cresswell, who opposed the rule on Friday last, submitted that, under the,Charter of Richard the Second, the Crown was entitled to appoint a person to execute the duties of Coroner in the locality referred to, ,and that the verdict obtained by the plaintiff might not be disturbed. The case having been appointed for re-hearing to-day, Mr. Ellis, and Mr. Martin were also heard in favour of the right of the plaintiff, the nominee, of the Crown. Mr. S. WORTLEY commenced his argument for the de fence, which, at the rising of the Court, was not brought to a conclusion, and the further hearing of the case was again postponed till to-morrow. COURT OF COMMON PLEAS, Jan. 27. THE NEW JUDGE. In the course of the morning, Mr. Cresswell, the newly appointed successor of Sir John Barnard Bosun (pet, lately a Justice of this Court, was made a Sergeant of-Law, after which the oaths were administered to him, and he took his seat on the bench ; but shortly after- wards he retired, and his place was taken by Mr. Jus tice Maule. CRANE V. PRICE. The special argument in this case, which is an action for the infringement of a patent invention for the smelt ing of iron, being adjourned from Saturday, occupied the Court again during the whole morning. This was the third day, but the arguments were of great length and are purely legal. The matter in dispute seems sufficiently simple, a s i t re l a t es on ly t o th e ques ti on , whe ther the defendants using the hot air,blast in a manner somewhat different from that employed by the plaintiffs is an infringement on the patent of the latter. The argument having been concluded with Mr. Ser geant Bompas's reply, - The LORD CHIEF JUSTICE said—This case involves an important question, and we shall take time to consider judgment. • COURT OF BANKRUPTCY, Jan. 26. IN RE WILLIAM HITCHCOCK. The examination of witnesses in the case of the bank rupt, William Hitchcock, was resumed this morning. The Court was as crowded as at former examinations. Mr. Hurnfrey, the barrister, and Mr. Ashurst, the solicitor, appeared on behalf of Messrs. Cook and Glad stone ; and Mr. Mardon for the bankrupt. Mr. i'vartnoN said that Mr. Wheeler was in Court, and he propOsed to examine him. Mr. William Whee!er, of Cheapside, warehouseman, sworn—He stated that in the month of July ha applied to Messrs. Cook and Co., as a reference for the bank rupt, "William Hitchcock. He called upon them and in quired for Mr. Cook. He was answered in the affirma tive, and was introduced in the private counting-house t:, Mr. Cook. lle said " Mr. Cook, I have called to make inquiry as to the respectability of Mr. Hitch cock, of Regent -street. We have a reference from him to your house ; this reference we have had for some short time, but the account being small, we did not think it necessary to make the inquiry ; as it is now likely to b ecome one o f importance,.h having just bought a large parcel of us, we are desirous of availing ourselves of the reference, and shall be obliged by your giving me your candid opinion of Mr. Hitchcock." Mr. Cook replied, " The better way will be to turn to his account in our ledger." He intro duced me to the clerk's office for that purpose. The ac count was exhited to me, and I went minutely through it. It was a long and open account, such a one as it ap peared to me every honourable house would exhibit. There were no interlineations or credits. Mr. Cook di rected my attention to one particular entry in the ledger, which was about 2001. He s a id, " to show you theopi nion we have of Mr. Hitchcock, Mr. Wheeler, that amount, entered in May, was dated forward as July." He (witness) could not swear as to the date or amount, but stated the truth, to the best of' his belief. He ac knowledged to Mr. Cook that his statement was quite satisfactory. As I was retiring I said, " By the way, Mr. Cook, do you know anything of the means of Mr. Hitchcock ?" Mr. Cook declined replying to the ques tion. Did not press the point, thinking Messrs. Cook and Gladstone were assisting the bankrupt with capital. Did not ask him if they held security. Did not sell any goods to Hitchcock after 21st July —not at least that he was aware of. The -goods previously ordered were sent in in July. The amount of that order was 2341. 9s. 4d. Mr. Cook said, in reply to my question, " These are very ticklish times, and you will excuse my offering any opinion on the subject." Mr. HUMFREY said it was now his duty to address the Court on the part 'of Messrs. Cook and Gladstone— most respectable tradesmen who had been inculpated. They had,been calumniated for weeks without any oppor tunity of reply, but he had no doubt he would be able to show that they would' i retire from this Court in the roost honourable manner. The bankrupt had already proved himself to be an accomplice in a most nefarious transac ' lion, and if he were before a criminal court he would not be believed without being fully corroborated. Here was a man supposed to have concealed his goods from his creditors. Why did he not call his brother, or his clerks to confirm his representation ? Why, because he dare not do so. The Learned Counsel then entered into a lengthened statement of the transactions between Cook and Gladtitone with the bankrupt from the year 1537 to the period of his bankruptcy in 1841, and as has already appeared in evidence, Messrs. Cook and Gladstone cer tainly held some securities, one said to be for 8,500., but for which they would now, or at any other time be given up to the assignees for 1,500 L, thus benefiting the cre ditors by 5,0001., if there be one word of truth in Mr. Hitchcock's statement. The utmost the creditors were likely to get would be 4s. in the pound, and this 5,000/., if they would take his offer, would give them a considerable addition ; but he was much afraid they would not accept it. In Jan. 1841, the bankrupt brought a statement of:his affairs to Cook and Gladstone, in which he stated his liabilities at 23,0001., and his assets at 27,000/ ; thus representing himself to be nearly 4,000/, above the world ;_ and the onl manner in which the b an k rupt at tempted to get out of this document was, that it re ferred not to 1841, but to the year 1839. If that state ment were true, as he represented it then to be, he must have thousands to account for to, his creditors when he came to pass his final examination, whenever that day might arrive. As to his evidence with respect to Heels cual Co., it was (the Learned Counsel said) a misrepre f;antation, as he could prove by referring to his letter of the 15th May (which was here read by the Learned Counsel, and appeared to be at variance with the pre vious testimony of Mr. Hitchcock in relating to it.) What security could any tradesman have, if such per sons, in the face of their own hand-writing, gave such statements as those already given by . the . bankrupt ? Several other l e tt ers o f a warning ' character were also read, addreSsed by Mr. Gladstone to the bankrupt, and one from the latter of the Ist of May, stating that he would follow. the advice which was given him of not having too large a stock of goo d s , an d t h at he wou ld not be guilty of any extravagan ce . I n J u l y, 1841, Messrs. Cook and Gladstone believed him to be solvent, and hence their representations to Mr. Wheeler.. Subsequently they had reason to believe otherwise, and, naturally and fairly they wished to obtain some security for their heavy debt. On the 16th July tire bankrupt said to them th at he had too heavy a stock of linens, to which - they so sent. B ut i t was alleged that they were sent in at ss they repli c a , " Then send them to us," and they were the " back " door of Mers. Cook and Co. , in order that the bankrupt might obtain a temporary benefit. What, however, was the fact ? Why that all the good s t a k en i nto their large warehouse were taken in at the " back " d oor, and no other. In Septem b er he be- I came a bank rupt ; but let it not be forgotten that the (locket w as s t ruck by Messrs. Cook and Gladstone, and if they had been privy to the concealment of his goods they never would have had the madness to have done so, knowing perfectly well that the docket would have got them all • back. Only shortly before he failed he paid away 2,0001, the produce of forced sales, but not a shilling of it to Messrs. Cook and Gladstone. Upon the 6th of October he admits himself to have been perjured as The.to th Bankrupt—fro. anything like perjury. where. It was Mr. Cook al was it 'that the concealment was ad inent of the li sru' a e n rPy k t— r i f p Na t l : s i Mr. IlmarnEy--.8, proved else .lglioslogtio:o:dnsytothhaistl, creditors. haveadmi:tnedd ho gave the information respecting it to the assignees, then and there only Tile first twelve lots comprised a variety of monkeys, which varied in thcir prices from 30s. to 12s. ; lot 15, puma, or silver mountain lion, 141. ; lot 'l6, handsome Senegal leopardess, 91. ;'lot 17, a hyena, 71.: lot 18, splen did Barbary lioness, 241. ; lot 19, handsome Bengal tigress, 90/. (Wombwell) ; lot 21, a white Polar bear, supposcki to be the largest in England, 37/. ( Wombwell) ; lot 23, a fine esquimaux sledge dog, 2/. ; lot 26, hand some gold pheasant, 21. Bs. ; lot 28, handsome silver ditto, IL 3s. ; lot 37, handsome orange-crested cockatoo, 3/. 12s. 6d. (Wombwell) ; lot 40, handsome peacock, 1/. 2s. ; lot 41, handsome performing Barbary lion, 105/. (Oliver) ; lot 42, ditto, ditto, lioness, 941. 10s. (Oliver) ; lot 43, handsome Senegal performing leopard, 34 guineas (Oliver) ; lot 44, ditto, ditto, 25 guineas (Wombwell) ; lot 49, an Indian buffalo, 9f guineas ; lot 50, a sagacious male elephant, about eight years' old, and very docile. This lot caused great com petition, Mr. Wombwell commenced by offering 501. the bidding increased until it reached 350/., at which sum it was knocked down to Mr. Oliver. The travelling-vans, &c., were then sold, and fetched high prices, It is said that the - elephant was worth 500/. UNION BANK OF AUSTRALlA.—Wednesday a special general meeting of the Proprietors of this Company was held at their office, 38, Old Broad-street, and was fully attended. J. B. Smith, Esq., presided. From the Report it - appeared that the accounts re ceived from New South Wales and Van Diemen's Land since June last were highly satisfactory. The amount of undivided profits to June last was 46,220/. Bs. 6d., to which add the profit of the last half year, less the expenses of the branches and in London, amounting to 33,564/. 16s. 7d., which left a balance, after further deductioi,s, of 54,785/. ss. ld. of undivided profit. The result of the foregoing statement enabled the Directors to declare a dividend of 255. per share on the original shares, and in the second series 10s. per share, which was after the rate of 10 per cent. per an num. The reserve fund balance to the end of Decem ber, was 15,1981. 6s. 6d. Mr. Borrodaile moved the adoption of the Report, which was carried unanimously. A discussion took place between the Directors and Mr. G. R. Robinson, Mr. Mader, Mr. Nicholls, and others, daring which the Chairman said i t was their intention to apply for an Act of Incorporation. After votes of thanks to the London and Colonial Directors, two new Directors were elected by ballot, after which the meet ing adjourned. RELIC OF PRINCE RUPERT'S DEFEAT. — In the course of last week, a cannon-ball was found on ➢larston-moor, by a person named Edward Clayton. It was imbedded about eighteen inches beneath the surface of the grouad.— York Courant' - MORNING SUN SPORTING INTELLIGENCE. TATTE lISALL'S--YESTERDAY. The betting yesterday touched upon the Chester Cup as well as the Derby, and towards the close was tolerably brisk, but except that it established Lanercost as the premier for the first event, and confirmed the advance of Auckland to 20 to 1, nothing of any importance was transacted. The final arrangements were thus : THE CHESTER CUP. 5 to 4 on Mr. Kirby's Lanercost asst any other offd. 15 to 1 agst Mr. G rev ill e ' s Rory OPMore 17 to 1 agst Mr. St. George's Jolly Tar 1000 to 20 agst Mr. Legh's George—taken 50 even between Rory Olfore and Jolly Tar—taken THE DERBY. 26 to 1 agst Mr. Gregory's lot—taken 7 to I agst Col. Anson's Attila—taken 10. to 1 agst Col. Peel's Chatham 20 to 1 agst Lord Westminster's Aucklar,a—t. & off. 23 to 1 agst Mr. Wreford's Wiseacre 27 to 1 agst Lord Verulam's Rol art de Gorham—ta. 35 to I agst Lord Chesterfiel?; s Joanna colt 40 to 1 agst Mr. Rainsha,:;' s Moss-Trooper 50 to 1 agst Mr. Bowc„ 4 ' s Meteor—taken 50 to 1 agst Mr. G 4-egory's Defier—taken and offered 60 to 1 agst Mr. `„;eott's Artful Dodger—taken .5000 to 75 apt .4r. G. Clark's William le Gros—taken 1000 to 15 aP:.,t Mr. I. Day's Curator—taken. 6666 to 2.PJO "ag.,t all the mares—taken TIIE OAKS. to I ag3t Colond We3tonas Rapture—taken IARN 28, 1842. ought to have been done before they left his premises. All our goods came in at the back door. Was there any seeresy observed in your taking those goods ? —None in the least, and they were in a cOnspi cuons part of the warehouse. • On the 20th of August the bankrupt brought Mr. Buzzetel with him, and they saw me alone. Mr. B. soon left the room,_ saying he had better not hear w h a t we h a d to say together. I told him there was do necessity for his doing so, and he (the bankrupt) said he had sold Mr. B. some furniture and plate, - and that he Would give us a guaranty for 5001. 1 said I could not take it, as it might be considered a pre ference, and that I would take no preference. He then said, this was independent of the plate of his private house. He pressed.me for money, and I could not give him any, adding--",you may take the security back if you please." However, subsequently, Mr. B. having signed the guaranty, went away. On the 2d of September we sent in Mr. Parrington. the accountant. We struck the•do3ket; and are the petitioning creditors. During the whole of your dealings with the bankrupt, have you ever, directly or indirectly, entered into any Concert- with him, in order to obtain for him either goods or cash, to the injury of the creditors?—Never; and there is not one word of truth in the bankrupt's evi dence, that we wished him to conceal goods or anything else for our benefit. Are you ready to let the creditors have the leases You hold, and valued by the bankrupt at 6,5501., if you get 1,5001. for them?—Perfectly willing, and that the assig nees may have a week to consider of it. Besides those leases, we hold a guarantee for 1,0001. which is disputed; Buzzecott for 5001., the joint bill for 7,0001., and nothing else. The debt due to us when the bankrupt failed was (including Cook's 3,0001.) nearly 20,0001.; and, supposing all are fully realised, we shall still be creditors for nearly 10,0001.; and in January, 1341, the account was 16,3001. Between January and July in hand was 10,4591. 93. 5d., and during the same period ho received from us, to make payments to ourselves and others, 10,927 L 15s. 5d., leav ing then a balance of 4801. 4s. 11d. We gave more than we received, besides increasing our debt for goods. Af ter Mr. Warwick called for a reference, we supplied the bankrupt with goods to upwards of 2,000/., before his bankruptcy. The cash advanced and- the payments made to us amounted to 7,440/. 3s. 11d., and cashed for goods 3,3071. Os. 6d., making the amount before given. The whole of the interest taken by us from the bankrupt amounts to 1,322/. 6s. Bd. from the Ist of January, 1838, to the time of the bankruptcy, and that 3vould average 71 per cent., including commission. Mr. HUIIIFREY here stated that he had no ftirther quest tions to ask Mr. Gladstone. Mr. Gladstone—l wish, generally and particularly, to deny any imputation of f ra ud or d es i re o f concealment; and I also think it right . to observe, that our counting house is not a private oue, but is open to every one who may enter the premises. Therefore when we wished the bankrupt to bring his brother, we thought it right to see them in a private room up stairs ; and the bankrupt afterwards, of his own accord, came in at the private door. The lengthened examination of Mr. Gladstone having been read over to and signed by him, a short conversa tion ensued between Mr. .Marlon and• Mr. Humfrey, when the further hearing was adjourned to Wednesday next. POLICE INTELL/GrENCE. THAMES OFFICE. 'Wednesday Thomas Prince, a weaver, aged 22, residing at 32, Green-street, B7thnal-green, and Sxrah Hopkins, aged 27, his sister, of 32, New Gravel-lane, were charged with being disorderly, refusing to pay their fare at the Limebouse station of the Blackwall Railway, and as saulting Michael Chick, - the station clerk, and Hood, a police sergeant of the K division ; to all which charges they pleaded Not Guilty. - It appeared in evidence that the defendants presented themselves at the railway station on Tuesday evening in a state of intoxication, and asked for tickets. Mr. Chick, the clerk, observing the parties to be drunk, refused to take their money, . and requested them to depart. They immediately commenced abusing him, and per sisted in going by the next train. The clerk, find ing remonstrances in vain, sent for the porter who was attending to the telegraph, and he endeavoured to eject the noisy couple, who made a great disturb ance, but he could make nothing of them, and was obliged to leave them in the hands of the clerk, who was struck by Prince, and threatened to be annihilated. After much scuffling he sent for Hood, the police ser geant, who attempted to take the defendants into cus tody, and was attacked by both and severely beaten. He was eventually obliged to call in the assistance of several other police-constables, who, after a good deal of scuf fling, locked up the defendants. Mr. Prince and his sister denied that they were in toxicated, but only a little mellow, and also stoutly denied having struck the police-Sergeant ; but the case was too clearly made out to admit of a doubt. Mr. BRODERIP said if drunken persons were allowed to proceed in the railway-trains serious inconvenience and loss of life would be frequently taking place, and he thought the clerk and the police had done quite right in not allowing them to travel in the carriages on the line. The officer had been violently assaulted in the execution of his duty, and he sentenced Prince to pay a fine of 41., and Hopkins to pay 21. . . The defendants were unable to pay the fines, and were sentenced, tile former to six weeks' imprisonment, and the latter to three weeks. NAVAL INTELLIGENCE. PORTSMOUTEI, JAN. 26.—Preparations are making here for the King of Prussia, expected to visit the naval arsenal and flag-ship. The arrival of Prince Albert is also confidently spoken of. The Warspite, 50 3 Capt. Lord John Hay, C. 8., is to take out Lord Ashburton (appointed special Minister to Washington), and will be completed with all expedition, to proceed to New York. The Hastings, 72, Capt. Lawrence, is in this harbour from the Mediterranean, to be paid off forthwith, and fitted for the flag (white at the mizen) of Rear-Admiral Sir Thomas Cochrane, Knight, C. 8., as second in com mand to Vice-Admiral Sir Wm. Parker, in the China seas. Capt. Henry Bruce, 1821, is to be Flag-Captain, and Lieut. James Caldwell, late of the Britannia, to be Flag-Lieutenant. Several promotions, consequent on the arrival of the King of Prussia in this country, will take place in both services. The Illustrious, 72, Captain Erskine, arrived at New York from Spithead on the 30th December, with his Ex cellency, Sir C. Bagot, Governor-General of Canada, on board, and after repairing her defects, occasioned by heavy weather, was to sail for Halifax to join Vice-Ad miral Sir Charles Adam, on the Bth January. Letters from the Ganges, 84, of the 2d instant, state the ship in Malta Harbour, all well, and that the report of her being ordered home is unfounded. She would not leave the station until the arrival of the new Admiral from England (daily expected), when Sir Francis Mason was to proceed in the Vanguard, 84, to take the com mand in the Tagus. The Implacable, 72, Captain Harvey, is gone into Ha moaze, to be paid off, having left Gibraltar on the 2d inst. with the Hastings, 72, since arrived at this port. The Alfred. 50, Captain J. Brett Purvis, may be ex pected at Spithead about the Ist of February ; but men enter for her at Sheerness very slowly. Her destination is Rio de Janeiro. The Rhadamanthus, steam transport, Mr. Lane, Master, from Woolwich, takes out a detachment of Engineers, and Sappers and Miners, for the repair of the fortifications of Gibraltar, thence proceeding to Corfu and Malta. The Vengeance, 80, it is reported, will shortly be com missioned here. She has never yet been to sea. • The Powerful, 84, is ordered to be taken into dock, to ascertain her fitness for re-commissioning. At Spithead—Queen, 110. In Harbour—St. Vincent, Victory, Hastings, Excel lent, Royal George yacht, Carysfort, Nautilus and Rapid. —Brighton Gazette. SALE OF A MENAGERIE. , Yesterday, the splendid collection of wild beasts, ele phant, &c., belonging to Mr. Batty, was sold by auction by Mr. Wisby, on the grounds of the Beehive Tavern, Castle -street, Walworth. There were upwards of 300 persons present, among whom we noticed Mr. Womb well ; Mr. Oliver, of Cheltenham ; Mr. Isaacson, pro curer to the Liverpool Zoological Gardens ; and a great many dealers, &c. 1171 GRN3 NG PUN AVERAGES OF THE LAST Silt wzgics. Ivor* ending WHEAT. BARLEY.I OATS. 1 RYE. BRANS. Dec. 17 ...., 21.... COAL MARKET. Ships arrived since last maritet,clay, 2 2 • d. Aciair'a H. g l e 95 Kew Tanfleld Rfoor l6 6 Walls End .... _.......- -- 0 Lambton ......... 23 0 l'ontop Windsor l7 6 Walls End Hattlex,ool ...... 1. 1 6 Tanfleld Moor - 1 01Walls End Cassop...•"*' ••• gl 9 West Wylam l6 9Tenna nes Flartlepool. ....... 19 • W ylam Walls End Hedlcy 2O t 'Walls End South Dur Walls Et d Evenvrood ..... • 5 0 ! Walk 6 . Walls", End Hotspur W. E. liraddyll'sHetton ... COUNTRY CORN MARKETS. yeas- .. • Wheat. f Barley. I Oats. peal.. 1 .... ..„...- , ,, _.----. ......____ -...—............ _..._.......... ____--- 1 s , E f Per Quarter. s. to s. a. to a. N. to a. a. to S. .9 4 0 Boston 13raintiee 52 70 27 34 93 20 3,3 33 .',..- ',4 8 ighton 6O f 8 20 :17 22 28 37 44 rib 4) Cambridge — 82 27. 18 35 --„,,, '',() Chichester 6O 60 27 35 21 24 33 40 l''' - ' Dunrn ow Grantham Grimsby 56 71 28 33 lb 21 36 401 r o 0 Hai:sham 66 72 33 35 22 23 32 37 '' ' Ilitchin 5O 67 27 34 20 30 at 45 „•-: „ 35 , Ipswich Lew vs PO 66 32 33 21 22 34 38 .T.; ' Lynn ....... - •''' 7.laidstone 59 67 36 39 26 32 38 40 Norwich 4 0 • 4 21 , Pet worth 39 Romford :.4 66 28 3; 21 32 k 8 40 311 1 Sandwich Tnetihrd 1 40 4 3 40 Wisbech - 3 5 .8 Witham (3l 71 29 35 24 31 31 42 „„ I. larmoutb 6O 69 50 32 24 34) 38 :$0 LIVERPOOL CORN 51 kit liET.—Jan 55 Wh jOs 3 4 WttexT, English, Red ite, per 7016 e,. 9 89 381 to 9 ---- i 9 0 0 --.-- Scotch, Welch, and Manx ----. Irish, White 7 4 Qt . ' . A 9 --- Red 6 - ';s --- Foreign OATS, English, Welsh, and Scotch, per 451 b 2 9 a 1 ---- frisk ••• 3 0 Foreign • ••• 0 ti SARLEY, English, Malting, per Imp. quarter 30 g ai, 91 !---- Scotch and Irish, pet GOlb s . - 3 410 -• . 3 si ... Feeding y,, BEANS, o 44 40 s‘ BEANS, English, per Imp er i a l quar t er 0 6 -- Irish, &c.. . ' 36 t 37 40 --- Foreign Pease, English, per Imperial quarter 42 0 4 2 0 40 a „,, 0 -..-- Foreign 48 0 17, 0 • FLOUR, English, per 2801 h. -,--- Irish OATMEAL, English and Irish,per 2401bs .• 27 6 4 6 0 Immix Coes, per 480Ib. ,......... .......... -••• 35 ° 0 lire, per Imperial quarter t:4 0 'lb 0 MALT, per Imperial quarter ..... A• BAKER SUFFOCATED IN His _Jo LIOUSE.—On Thursday last some repairs were 1 ,„, in the bakehouse attached to the Worcester Infirn7ti'd and it Would seem that the baker (a highly resl ) ,.?„,k , young man of twenty-three, named William 13- 6 7 s te well), in his anxiety to have the oven in a fit, i be for the following day, intended to sit up all night ' or te purpose of drying it. In the morning the ill-fated the man was discovered lying upon a table, with 'lir . „j o g . on his arm apparently asleep, but in reality dead, " 3 , o vr been suffocated hours before by the noxious vat' r e' before alluded to. A ver di ct o f " Died of Suffocation was returned.— Worcestershire Chronicle. ibl d DEAFNESS. —Sound M agn ifi ers , an d In"' ce i Operative Voice Conduct ors, to enable persons at an --imjef.l,. age, and of old s t an di ng extreme deafwvs, to join in 6 ; 4 0 conversation, and to catch the sound of a .ijstant low sa id at a public assem b ly; they are the size of a very so tpel seven shilling piece, and when in the cavity of ibe ca . " ' 01 ,11 . are not in the l eas t percept i ble nor more uncomfollabte nee having a small pi e ce of fi ne wool i n i ts place ; they are OW. i r d fi• of a metal t o co ll ect sound, peculiar to the Messrs. S. toSii Solomons themselves ; and although they are so extremely s pa yet they enable those afflicted with extreme deatbell',ol those who are only sli g htly d u ll of hearing to h ea r in s : s ni t respect equal to those of most acute hearing. Mewl' al! B. Solomons, 39, Albemarle.street, Piccadilly, oPPO l ; e pte. York Hotel, and 76, King Wiliiam.street, City. NeW I Y- 1 "0,10 0 . Spectacles, immediately they are placed before imperfect v Ajch either by day or candlelight, that mist and dulln et , co in% appears before the eyes is at once r emove d , every object bt'etit clear and distinct, so that the moat aged defective eye.4,tg aturbl comes bright and brilliant, and is brought to its youthful, Pei the and original state. Those valuable inventions have gain' i o n 011 patronage of the Royal Family, and the unqualified approba` and above 400 of the principal memb ers o f t h e medical pro f es s i°"' o tll numerous individuals of high distinction, who have been g l to ct, benefited by their use. To be h a d only at 39, Albemarle' %tree' Piccadilly, opposite the York H o t e l , and 711, King Williara- City.—No connexion with persons of the same name. .SILVER TEA SERVlC' fi bill , —T. COX SAVORY,- W or ki ng Sil versmith, 47, Ct r a " th e London, seven doors fro m G racec h ure h -street, sub 1,11"-,,, prices of the followin g SILVER TEA and COFF E E f e et , s e . T oe Vft a l l ICES. The Cottage P a tt ern i s p l a i n, stan di ng o the tea and coffee pots w ith a flower ornament ou the .1 1 cj ectl ls ' King's Pattern is richly e m b os s e d with flowers an 9 The shape of either is new and elegant. COTTAGE PATTERN. KING'S PATTED 60 * * S. .1 0 co Strong Silver Tea-pot ...12 0 St rong Sil ver T ea -p o t 7,1 0 Ditto Sugar Basin 6lc Ditto Sugar Ba: Ditto Milk Ewer. 410 Ditto CreamEwrlly..o Ditto Coffee,pot..ls 0 Ditto Coffee-pot-- .-1; 0 Complete £3B 6 A variety of upwards of fifty Tea and ra !Coffee be seen in the Show-rooms, where may be selected every I o r cis of silver requisite for the sideboard or plate-chest. 131 . !eh phlets of prices, illustrated by sketches of the various artt gratis, and forwa-ded, postage free, to any part of the king los —T. COX SAVORY, No. 47, Cornhill, London, " yen ° from Gracechurch-street. te ****** **** 171; BIRTHS. ...Aft e l On the 25th inst., at Newark, Notts, the lad of Gv — Tallents, Esq., of a son. On the 26th inst., Mrs. William Bucknall, of Cru tcheo friars, and Trinity-s quare , N ew i ng t on , o f a d aug hter. fF. On the 26th inst., in Upper Wi m p o l e - s t ree t, the lan of H. Mitchell, Esq., of a daughter:\ MARRIED. none' On the 19th of November, at St. George's Church, "c o s. rara, Thomas Holme s , E sq ., C o ll ec t or o f h er MajeflP vi r e ste toms, Grenada, to Caroline, youngest daughter of Rober t field Benjamin, Esq. On the 25th inst., at the old church, Brighton, the is; ;Ali Ansley, of Regency-square, Bright o n, to Fanny Agn o rd. surviving child of the late W. Corser, Esq., o f Oxley, shire. kfrist e " On the 26th inst., Mr. William Benham, jun., of Blae„, road, to Anne, third daughter of William Whittle'' , Sawbridgeworth. DIED. f a mes On the 25th ult., at Gayland's. place, Clapham. road, Metcalfe, Esq., aged 61. On the 22d inst., at the Rect ory , El msw ell, Suffolk, Cotlafir rine, wife of the Re. J. T. Lawton. a te nfitn Or, the 2 ith inst. v , in Eastern -terrace, Brighton , daughter of the Hon. Charles Hanbury Tracy. On the 23d inst.., at Que en - square , B a th, the Rev. N. W. Robinson, V icar o f flodenham , Villa, On the 26th root., M r . R o b ert B ryan , o f Fair Law° v Turnham-green, aged 6 in o. Margaret, w.lifer_eot: On the 26th inst., Great George-strcet. Westrck.-.°!..te.r° Miss Maria Sarah M oore , d aug h ter o f the late P. M oore, On the 26th inst., at East Ealing, Miss Mary Feil d. On the 17th inst., J ames A n d e rson, Esq., of Carlton -c' cent, Southampton, aged 71. th e On the 18th inst., at Westerham, Kent, Amelia, relict Of Rev. T. Harvey, late Rector of Cowden, Kent, aged ' l a te On the 20th inst., at Dahtsn, Captain Thomas MOW' of the King's OlAn Regiment. London: Printed and Published by 31aRvo YOl- 714Stra,,G; (i)0 O; No. 112, Strand, at Th e S ea Os - l o No. 11 2 , the County of Middlesex, F .. ..wi t ' Jest e' uorY 28, Iv ''' . Yt LIVERPOOL ELECTION. The 'Conservatives are already in the field fo r- the reprsentation of Liverpool, vacant by the elevatio n to the judi c ial b enc h, o f Mr. Cresswell. The two gent le ; men who have announced themselves are Sir Ilovvaru. Douglas, late Governor of the lonian I s l a nds and t he Right Hon. J. C. l orr i es . Th e f orme r is Zbackbet t f monopolist, and a TOry of the most bigoted scheele Twice has he set forth his claims on the good peopie ° Liverpool, and twice has he been most unceremoniously rejected. Mr. Herries was formerly conn ected with the Board of Trad e , was Member for Ipswich, the consti tuency' of which place so on b ecame tired of him, and elected an: other in his place. The Right Hon. Gentleman's in Liverpool is certain, if he should have the Pre; sumption to allow himself to be nominated. T h , Liberals have not been idle. Although they have n e a yet announced their man, it is believed they In t , v " fixed upon one of high standing and considerable ''ll fluenceof much experience in foreign and coloint affairs, and possessing an intimate acquaintance our .commercial and diplomatic relations. Liverpool 7, deeply interested in the trade of the St. Lawrence .a!'_` its tribfitary rivers, and therefore it is the duty o f h! electors to secure the services of one who is conversanta with their interest, as connected with these in 3 P% rt i e b e subjects. The attention of the whole empire w' defeat , directed to the conduct of the merchants, tradesmen,_, and other inh a bit an ts of Liverpool, in the forthconint contest. The avowed intention of the Pre d°lll t ; nant portion of the landed aristocracy is to lim the manufactures and commerce of the coull , 01 to the capabiliti es , a l rea dy ex h aus t e d, o f her own and to starve out or export tne superfluous popliinn,„ The verd:ct of th e fi rs t commerc i a l t own i n the kinß: t e i s is now asked o n thi s ma d—thi s inhuman policy, and to, for its inhabitants calmly to p on d er w h a t answer t will give. The electi on w ill t a k e pl ace ear ly in Feb ruert —there is no time for delay. Ara [The Tories have, it appears, fixed on Sir LW Douglas as their man.] CORN AVERAGES. GENERAL AVERAGE PRICES OF BRITISH colt, r„ 4 1 ) , FA* the Week ended Jan. 21, 1842, made up f r om the Re,t i j ot the Inspectors in the dilterent Cities and Towns in Engia" Wales, per Imperial Quarter, 9d. Wheat 6ls. sd. I Oats 3.lrler 23s. 10J. I Ityv 0 11.1 8reea5ane5:::::::41.33%5..4. I rg ~ ..--........ ------ ~... Q 62 9 30 5 21 2 49 5; 37 9 il r i 7 6 62 10 30 2 21 5 34 8' 37 0 .. R . 77 f 63 1 29 9 20 7 43 6i 36 0 ;i5 lu 63 0 29 7 1:0 7 39 91 26 0 3 ,1 14 21 l6l 1 - 5 23 10 29 1 , i 8 0! 33 9 ,r,,s IMPERIAL AGGREGATE AVERAGES Or TITS SIX ig' - itcl., Wheat ...... ... 625. 7d Oats ........20:. &LI Beans ........ '.5 4 1 Barley DUTIES ON FOREIGN CORN. 9t Wheat 2's 8.1. I Oats Barley THE MARKETS,-(YESTERDA Y ' ) COLONIAL MARKET. The operations wer e f a i r , but principally for Ir s j s rae consumption, and full rat es w ere paid. The arrl o il were to a fair extent. Raw Sugar in fair demand 5t rates. Coffee brought firm prices, with a good denit'no Middling Jamaica, 118 s. to 1225. per cwt. Coe° better request, at full rate& • TEA MARKET. There was a li m it e d b us i ness t ransac t e d, but hol c i er6 000 were firm, and obt a i ne d f u ll ra t es . C om pany's C °ll° is. 101 d., cash. TALLOW MARKET. r ye Prices firm, and the demand good. P.Y.C. ° ll spot, 48s. 3d., and 48s. 6d, for delivery. WHITECHAPEL HAY MARKET. aat The supply was middling, with a moderate dernalrity, present quotation s . Cl over , 2/. 10 s . t o 5/. Bs. ; 2/. to 41.65. ; Straw, ] /. 12s. to 1/. 16s. Ph •s Ato tf a 4 41 !ki 4 1 , 1 (141 4 fo