The Sun. — London, England, 1849-10-25 00:00:00

fourtbitibittan SUN OFFICE, Seven o'clock. THE TRIAL OF THE MANNINGS. CRIMINAL COURT.—(THIS DAY.) This being the day appointed for the trial of Man ning and his wife for the murder of Patrick O'Connor, the exterior of the court was densely thronged by crowds of persons, and presented a scene of excite ment and bustle which unmistakably indicated ithat something of absorbing interest, and of more than ordinary importance, was transpiring inside. At an early hour many had assembled, in the hope, no doubt, by dint of perseverence, by gocd fortune, or, perchance, by means of liberal bribes, of securing a position from which a portion of the proceedings might be heard, or a glimpse of the prisoners obtained. In this hope, however, by far the greater number must have been disappointed, for those only were ad mitted to the body of the court who had tickets signed by the Under-Sheriffs—an arrangement which deserves great praise, for while it enabled persons w hose duties iieperatively required their attendance to effect a ready entrance, it prevented too numerous an assemblage of curious spectators, who, on important occasione in courts of law, produce so much annoy :trice and inconvenience. Nevertheless, every avail able space in the court was turned to account, and even the bench had to give way to the pressing desire for accommodation, and the three Learned Judges had little more than elbow room enough to discharge their serious and most important functions. There was a considerable array of gentlemen of the bar, and extra seats had to be provided for them. The gallery, it would appear, is still placed under that disgraceful system of farming, which has been so ftequently condemned, but never yet abolished. Several touters, employed by the keepers, were very actively engaged in fixing upon persons who had no tickets, and wished to gain admission, and managed thus, no doubt, to get large, if not enormous tees, for the f ew th ey managed to squeeze together in the cramped-up space. There were at least about twenty ladies present, most of whom were dressed in very gay attire, and they appeared to take a most lively interest in the exciting scene which the court presented previous to the entry of the Judges. Among the most distinguished visitors may be mentioned the Swedish Minister and his Secretary, Count Colleredo ; the Austrian Minister and his Secretary, Baron Kohler; the Secretary of the Prus sian Legation, the Marq u i s o f A zeg li o, brother to the Sardinian Minister of Foreign Affairs at Turin ; the Sardinian Charge d'Affaires, the Marquis of Hertford, Lord Strangford, Lord Howden, the Rev. Mr. Gib• son, rector of St. Mary Magdalen, Bermondsey, the Lady Mayoress, an d M rs. W i lkins, the lady of the Learned Sergeant. At nine o'clock, Mr. Commissioner Bullock and some of the civic functionaries entered, and arraigned several prisoner s i n th e or di nary way, preliminary to their trial in the other court. The interval that elapsed before the entry of the Judges was occupied in handing ladies and gentle men to their seats, and in making arrangements for the day, a loud buzz of discussion prevailing the At ten o'clock the judges, the Lord Chief Baron, Mr. Justice Maule, and Mr. Justice Cresswell, en tered the court, followed by the Lord Mayor, Alder men Magnay, Lawrence, and Carden, and other civic functionaries. The prisoners were immediatelylplaced in the front of the dock, Manning at the extreme end facing the left of the judges, and his wife at the other extremity, and they remained in a standing position. It may easily be imagined that the attention of all was instantly directed to that part of the court, and those most distant from the prisoners did not hesitate to assist their view by means of opera-glasses. Manning was dressed in a suit of black. Since his appearance at the police-court he has got much thinner, and this, together with the paleness of his countenance, seems to indicate that he has been suffering from much mental anxiety. Nre. Manning likewise is considerably altered, the blooming appearance and freshness of her countenance which was so much remarked before having given place to a pale hue, and to an anxious expression. Her dives was similar to the one she has hitherto worn with some slight exceptions. She had on no bonnet, and a better view, therefore, of her counte nance could be obtained. Her hair was dressed with long crPpe bands, a small plain cap placed far back on the crown, in the French fashion, and a long sash of white muslin, placed on the head and tied under the chin, the ends banging down. A light coloured plaid shawl hung loosely over her Shoulders, and she wore a very line pair of straw coloured kid gloves, which were set off by large ruffles round the wrist. On the whole they both looked more anxious and enure aware of their awful situation than formerly. The solemn aspect of the court, the imposing appear ance of the dignitaries on the bench, which is deco rated with the sword of justice, threatening as it were vengeance to the guilty, and also the crowd of as sembled spectators, are enough to strike terror into the breasts of the most hardened criminals, but more especially of those who are indicted for the most heinous of crimes. The counsel for the Crown were the Attorney- General Mr. Bodkin, Mr. Clarkson, and Mr. Clerk. Mr. Hayward, from the office of the Treasury Solicitor, also attended. Manning was defended by Mr. Sergeant Wilkins and Mr. Charnock, and Mrs. Manning by Mr. Bal lantyne and Mr. Parry. The respective solicitors for the prisoners, Mr. Binna and Mr. Solomons, were also present. In the calendar the prisoners stand as follows: 7 . Frederick George Manning, traveller, 30 ; Maria Manning, married woman, 28. The Clerk of the Arraigns, having read the indict ment, said —Frederick George Manning, are y o u guilty or not guilty ? The prisoner (in a most loud and confident tone) -- Not guilty. Mr. BALLANTYNE said—The female prisoner, Maria Man n i ng , p rays your L or d s hi ps to awar d her %Jury de medietate lingua, on the ground that she is 4 4 alien, and ought to have a jury composed half of foreigners. A short discussion followed upon this application, the result of which was that it should be deferred u ntil the pri soners h a d b o th pl ea d e d. the male prisoner was then again asked if he was guilty or not guilty, and in a lower but still confident tone he said " Not guilty ;" a similar question was als o put to th e f ema l e pr i soner, an d h er reply was also , Not gu ilt y, " b ut so low that it could scarcely be teard. Upon the coroner's inquisition they also made the same reply. Mr. BALLANTYNE again repeated his application. thThe ATTORNEY-GENERAL opp ose d i t , a ll eg i ng that e female prisoner was, in the eyes of the law, con sidered a natural born subject. The 7 and 8 Vic., c• 66, sec. 16 (the Act amending the law relating to 'aliens), said that any foreign woman who married a natural born subject, or a person naturalized, should be deemed and taken to be herself naturalized, a n d should have the rights and privileges of a natural born subject ; and under that Act he argued she was not entitled to a jury de medietate The Learned Gentleman referred also to Alarrs' case under the title " Jury," in More's Abridg ?tient, in which an information was filed by the Attorney-General against several persons, some of whom were aliens and some Englishmen. An applicatioa for a jury de medietate linguae on behalf of the aliens was in that case refused, on the ground that there was a joint indictment, and the 'cases of the accused could not be separated one from 4 totler. Mr. BALLANTYNE said the right of a foreigner to claim a jury composed half of aliens was originally granted by the 27th of Edward the Third, and he !Omitted that it could not be taken away by any tnplication in a subsequent' Act of Parliament, and could only be abolished by a special enactment. The Act alluded to by the Attorney-General might affect ,the position of an alien in relation to her husband, cut could not alter her position with reference to the criminal law of the land. The real question was whether under the Act of Edward 111. the female prisoner was a d en i zen ; if not, she was entitled to be tried by a jury de medietate lingua. Mr. PARRY followed on the same side with Bellantyne., stating that a foreigner could not divest himself of h;s cha hoer as an alien, .except with the consent of the country in jointly which h . e was born. If a peer 7smiminpolryierhseeafuorse theresome Was indicted with . offence, could they prevent • him . Was a joint indictment, .claiming to be tried by his Peers ? He would remind the Court that th e a ll eged o ffence of the prisoners was the highest felo ny k nown to the l aw , and also that it was not necessary th at t hey should jointly convicted under th e i n . e be be ; the case was such that the man might L uc convi c t e d an d the woman acquitted. He had yet " 3 learn that the judges of the land could put up on ~T 1 Act of Parliament an interpretation which would Privilege the e ff ec t o f t a king away a most important privilege conferred by a former Act, and Which had never been abrogated by any special enact. 414 nt of the Legislature. After some further discussion, 111 9 Cam BARON said that the Act of Victoria . I, . I .. 2 led to• inning. >ry, as cum— Derby bat be and to the• e Cs►l - as 3• tertinr y," for t. Ib,. . 7 0' o , . 6 13 1 ~ 6 1 . 6 9') ~ 6 7 ~ 6 7 . 6 6 , I have it" will. ,carum, rig the ss, and S year, I 25e1" to• um and for the ian and Pitsford , Hunter iter for JRF. fore an at di e icter t stic re le Nev, eted the l quivoc e marked use 0216 ds Wer e aclesi ° l n atiena• pour t ° , Im pber"' infinite fortuP° THE SUN, was a complete answer to the application ; but he was nut disposed then to lay down any general rule on the subject without more consideration. By that statute, however, a foreign lady by marrying a natural born subject becomes naturalized—the quality of an alien disappears, and she becomes an Englishwoman. It appeared to him, therefore, right that the trial ought to proceed. Mr. BALLANTYNE replied that the plea of the female prisoner that she was an alien, and ought to ba tried by a jury de medietate lingua, should be entered on the record. [This application is, no doubt, made for the purpose of obtaining a writ of error, to be argued before all the Judges ] The ATTORNEY-GENERAL objected to the pro posed endorsement on the back of the indictment. The CHIEF BARON said the question must be so framed as to carry it to a court of error, or, if pre ferred, to the House of Lords. The option was given to Mr. Ballantyne to take the matter before the new Court of Error, or of putting it on the record with the view of taking it to the House of Lords. Mr. BALLANTYNE then formally demurred to the course of proceeding adopted by the Attorney- General. The ATTORNEY-GENERAL joined in the demurrer. Mr. BALLANTYNE suggested that the statement of the woman that she was an alien would be sufficient. The Crown had treated the case ns if the woman was a foreigner ; but to place the matter beyond doubt ar.d properly before the Court, he had an affidavit of the fact. The ATTORNEY-GENERAL said he had come there in his official capacity to promote the administration of justice, and he did not wish to take any advantage of a mere technical point. He did not deny that the woman was formerly an alien. He should not, therefore, traverse the fact. The completion of the necessary proceedings in regard to the demurrer having been postponed for a short time, the jury was sworn. The female prisoner, who grew somewhat paler as the time advanced, was accommodated with a seat. The indictment having been again read by the Clerk of Arraigns, The ATTORNEY-GENERAL proceeded to state the case to the jury. He said the great importance of the case upon which they were about to enter, and the excitement which it had occasioned in the public mind, had induced him as public prosecutor, to appear there that day and take upon himself any responsibility that might arise in the course of the proceedings; and being anxious to conduct the case calmly and dis passionately, so that the ends of justice might be promoted, he was quite certain that upon a charge of the serious nature they were about to try—almost the most serious charge that could be made against any member of this conannnity—it was, he believed, quite unnecessary for him to caution and implore them to dismiss altogether from their minds if pos sible, anything . that up to that hour they had heard with respect to the case they were now called upon t? try—anything that they had read, and every impres sion which their minds might have formed with re spect to this painful investigation. He implored them to confine themselves entirely to the evidence, and to decide upon that evidence alone, under the direction of the Learned Judge, as to their verdict. It would be necessary for him, he feared, at some length to enter into a detail of the circumstances, but he would abstain as much as pos sible from all unnecessary circumstances and com ments. He was not bound, appearing there to conduct the prosecution, to suggest anything to their consi deration, any theory with respect to the guilt or innocence of the parties accused, but to lay before them as clearly as possible, and as ably as he could, the facts as they would afterwards be adduced in evidence. The prisoner at the . bar„Frederick George Manning, was, he believed, a native of Somersetshire, and was in the service of the Great Western Railway as a guard, in 1847, when he married the female prisoner, Maria Manning. Maria Manning was a native of Switzerland, and formerly lived in the service of Lady Blantyre, the daughter of the Duchess of Sutherland. They were married in 1847. ;They kept, for some time after their marriage, a public house at Taunton. Afterwards, they hired a house at No. 3, Min- Ter-place, Bermondsey, the scene of the fatal murder with which they were charged. O'Connor, with whose murder they were charged, was for many years a gauger in the Customs, and on the day of the murder—the 9th of August—was stationed at the London-docks. He resided at Greenwood-place, Mile-end, a distance of some two or three miles from Minver-place, which was accessible by tb e ordinary conveyances in about a quarter of an hour. On Thurs day, the 9th, he left his residence, in order to attend his business at the docks at half-past seven in the morning. He was at the London Docks during the ordinary hours of duty, and at four o'clock signed the departure-book which was kept in that establish ment, as he had done the appearance-book in the morning on his arrival, when he left for the day. A little before five o'clock, about a quarter before five, he,was seen by two friends on London-bridge; and being questioned as to where he was going, he produced and opened to one or both of them a letter of invitation to dinner, at the Mannings. he believed for that day, signed " Maria." They do not, I understand, recollect whether there was any surname to the note or not. About five o'clock the same day he was seen in Weston-street, about three minutes walk from Minver-place, and a little later he was again seen by some persons on London-bridge, as if he was uncertain whether he should go to Minver-place. That was the last time he was seen alive. On the 13th of August the two prisoners abruptly left the house in the manner he should describe. On the 14th, the landlord finding the house unoccupied, the prisoners having left without giving him any notice, and the police having obtained access to the dwelling, made a diligent search of the pre mises, and under the pavement in the back kitchen, about the depth of four feet, they found the body of O'Connor buried, the legs tied • tightly, back to the haunches, and covered with lime. No clothes were found, and no invitation to dinner, as might have been anticipated. No instrument by which the fatal deed was likely to have been inflicted was found. The body so found would be clearly identified as the body of O'Connor; and although, of course, the finding of the body under such circumstances, in a house occupied and known to belong to the prisoners, with whom he was on terms of intimacy, was most suspicious, yet it was not to be taken as conclusive of the guilt of one or both the prisoners ; yet there could be no doubt that O'Con nor—whose body was thus found thus mutilated, shut through the head and his skull fractured—was mur dered and deposited in the receptacle in which he was found by some parties who believed that his body would never be discovered. His Learned Friend would have no right to complain if he started with the assumption that the unfortunate man was mur dered on the evening of the 9th. It would of course be their duty to inquire into the degree of guilt of each of the accused; but he feared when they had heard the whole of the evidence they could not fail to be of opinion that the deed was the result of a long deep-laid scheme, and that the prisoners were the actual per petrators of it. He would before proceeding further point out one or two legal principles with which they would have to deal in coming to a conclusion. They had heard that the indictment varied, as was most necessary, the way in which the murder was sup posed to have been committed; that the male prisoner shot the deceased and then struck him with a crowbar; that he killed him by shooting him with an air-gun, and by striking him with it afterwards, and that his wife was present aiding and assisting him in the commission of the act. The law required the charge to be thus put ; and if they should be of opinion that Maria Manning's hand was the one that struck the fatal blow, and that the male prisoner was present—if he was not even in the same room—nay, even if a third party had committed the act, and both the prisoners were present at its com mission, they would stead in the light of principals in the second degree, and, according to law, they would have to find them guilty of murder. And, there fore, though they might inquire whether the hand of the one or of the other s inflicted the fatal blow, yet if either committed the act, and the other was present participating in the dreadful crime, both would be guilty of the crime of murder. Formerly there was a difficulty in bringing about such a con viction under such circumstances. No one at the commission of dreadful acts of this description was present as a witness. It was difficult, there fore, to get positive eye testimony, and juries were, therefore, of necessity, satisfied with thst which in some cases might be more satisfactory than clear testi mony , namely, sufficient circumstantial evidence to bring home the charge to the accused. All who were present at a murder, though different degrees and modes of guilt might attach to some of the parties, were equally guilty of the offence. The parties who conceived, and those who committed a murder of this kind, were equally guilty. The law formerly took cognizance of the different degrees of guilt, dealing with principals as principals, and accessories as accessories. Thus much injustice was done, as parties actually present at the commission of murder were acquitted. The 11th and 12th of Victoria had remedied this defect in the law, and enacted that accessories before the fact should stand in the position of principals. Therefore they would be relieved of all diffi culty in considering whether Manning ad ministered the deadly blow in the absence of his wife, or whether Maria Manning did so in the absence or presence, or with the connivance of her husband, or whether they did so in concert. They could have no difficulty in coming to a conclusion. In some cases the humanity of the law presumes that a maMed woman was under the direction and constraint of her hueband, and there were some offences for w hi c h t h e w i fe was acqu i t t e d, if com mitted under the constraint and with the consent of o - = LONDONn THURSDAY EVENING, OCTOBER 25, 18.19 her husband. But the law did not extend its protec tion to married women who were charged with the commission of heinous crimes, which were abhorrent to the laws of nature. It might be pleaded for the female prisoner that the murder was committed by the husband, and that she was only an accessory in the second degree before the fact ; bat neither the law nor the evidence justified, in the slightest degree, the plea of coverture. The Attorney-General then gave a rapid but succinct account of the whole facts whiee have been adduced in the various examinations at the police court—from the beginning of the intimacy of O'Connor with Mrs. Manning down to the commission of the murder, dwelling and commenting upon the main facts as tending to show the guilt of the accused. In conclusion, he said they would find that before the act was done lime was purchased by Manning, and that lime was used for the purpose of obliterating all traces of the murder ; that he had also purchased a crowbar, which was delivered to the female prisoner, and paid for by her, after complaining that the price was higher than was agreed upon ; that she had herself, the day before the murder, purchased a strong shovel, probably for the purpose of removing the earth ; and the various facts that he had stated, and which would be substantiated in evidence, would, he believed, clearly show that the prisoners at the bar were guilty of the crime imputed to them. Ile was quite sure that they would calmly investigate the whole of the facts ; he knew that they would do so patiently and honestly, dismissing everything from their minds which they had heard out of doors, end de livering their verdict solely upon the evidence adduced The first witness called was Henry Barnes; he was examined by Mr. CLARKSON—I am a police- constable. On the 17th of August last, in consequence of infor mation I received, I accompanied a man named Burton to a house in Minver-place, Bermondsey. The house was empty, but we got in. Burton had the key, and he unlocked the door and we went in. We examined the house, with the back kitchen, and I observeda damp mark between the flag-stones. Those two stones ap peared to have been recently removed. I removed the stones and the earth, and when I got about an inch down I discovered the toe of a man. About eighteen inches lower down I found the loins of a man. The body was lying with the face downwards, with the legs tied up to the haunches. The body was naked, and the legs tied up with a strong cord. 1 found also a quantity of slack lime. Whilst I was doing this, iMr. Lockwood came, but I had removed enough to disclose the body. Mr. Lockwood found a set of false teeth in the earth. The head was downwards, but I did not examine it, and therefore I cannot say in what state it was. Mr. Lockwood was a surgeon. The body was removed, and afterwards examined by Mr. Lockwood and another surgeon. While the body was in the hole, Mr. Flints came in, and had an opportunity of seeing the body. On the same day in the evening I went to No. 20, Greenwood -street. I there found a box, which had been previously forced open. In that box there was another, a sort of cash box, but there was no cash in it. There were some I 0 U's in it. Mr. Flower went with me and saw it. Cross-examined by Mr. Sergeant WILKINS—The size of the flag-stones were about three feet long by two feet wide. The soil below was damp. I have, since the day I mentioned, exa• mined the house carefully, and made myself well acquainted with it. There is a garden at the back, and on entering the house by the front door the first room come to was the front parlour. The front kitchen was under the front parlour, and the back one under the back parlour. I can't say whether or not persons could be heard walking about in the next houses, because there was a good deal of noise in the street. Re- examined by the ATTORNEY. GENERAL—A crow-bar and shovel were used to remove the atones. Cross-examined by Mr. BALLANTYNE — I could easily have removed the flag-stone. James Burton, a police-officer, examined by Mr. BODKIN—I went with the last witness to the house in Minver-place, and opened the front door with the key. I saw the opening made in the back kitchen. The size of it was about five feet long and two broad, and between two and three deep. The things had all been removed from the house, but I subsequently found a shovel in the back parlour. Cross-examined by Mr. Sergeant Wirlirris —I went first to the house on the 14th of Au gust, accompanied by Mr. Keating and two other persons. On that occasion I found 28 pieces of clean linen there, and there were some trunks in the house. The shovel was found in the back parlour. Mr. Samuel James Lockwood examined by Mr. CLAIIKE—I am a surgeon, and I remember going to a house in Minver-place, in consequence of some in-. formation I had received, and finding the two last wit nesses there in the back kitchen. I found them opening a hole there, and saw in it the body of a man with the face downwards and the knees tied up to the haunches. Before it was removed I took out a set of false teeth from the mouth. The body was taken from the hole, and I then examined it. Mr. llowdley and another surgeon cut the cords. On examining the head I perceived a small protuberance over the right eye. I further examined the head, and found a bullet on the back which I now produce. I could not trace the progress of the bullet, in consequence of the wounded and decomposed state of the head. Sixteen pieces of bone had been removed from the head, which was covered with wounds that might have been produced by a blunt instrument, such as a crow-bar or chisel. There was also a wound that might have resulted from a gun shot ; and those named, in my opinion, would be sufficient to ac count for death. A post-mortem examination was made of the body. The witness was not cross-examined. Mr. Charles Slow examined by the ATTORNEY.. GENERAL—I am summoning officer of the Coroner's Court, and produce a set of teeth which I received from Mr. Lockwood. Mr. Lockwood identified the teeth as those he had taken from the head of the body. William Tomlin, a dentist, examined by the AT TORNEY-GENERAL--I knew Mr. O'Connor, and the set of false teeth now produced I remember having made for him. Price Walsh, examined by Mr. CLAnxsoN—l knew the deceased. On the 17th of August I went to a house in Minver-place, but could not get in. 1 went again on the following day, and then saw a body in the back kitchen. It was the body et Patrick O'Connor, of her Majesty's Customs. I had known him since April. On the Bth of August I saw O'Connor alive. I was with him at his lodg ings and accompanied him that night to the Man nings, in Minver-place. It was about a quarter to ten when we went, and for some time we sat to gether with the Mannings. I remember on this occasion Mrs. Manning saying to Mr. O'Connor, ' 6 Why did you not come to dinner to-day; we kept dinner waiting for an hour ; did you not get my note ?" He said, no, and she said "P er h a p s it did not arr i ve before you left the ducks, but you will; get it to morrow." Mr. O'Connor then said, "Mr. Walsh has got the balance of the bill to-day, Pitt's bill." Mrs. Manning asked: him, " Will you' proceed against him for the other three bills ?" and he said "1 will." O'Connor and Manning then began to smoke, and after doing so for some time O'Connor became faint and he sat upon the sofa, and Mrs. Manning went for some brandy and water, but he did not take any. We quitted the premises about a quarter past eleven, and I accompanied him home as tar as Com mercial-street. I never saw him again until I saw his body on the Bth of August. The Mannings were as friendly with O'Connor as brothers. Cross-examined by Mr. BALLANTYNE-Mrs. Man ning bathed O'Connor's temples with Eau de Cologne. By Mr. Wuxi/is—Pitt is a grocer, or a broker of that sort. William Keating examined by Mr. BODKIN—I am clerk in the Examiner's office of the Customs. I knew O'Connor, and saw him last alone on th.e 9th of August, about a quarter to five o'clock. He was going over London. bridge, towards the Surrey side. Mr. Graham was with me, and we had some conversation together. O'Connor showed me a letter. Mr. BODKIN—Did you see the name to that letter? Witness—Yes. Mr. BoDalN—Was it Maria ? Mr. BALLANTYNB objected to the question. No proof had been adduced that the letter had been lost, and secondary evidenee ought not to be taken till that was done. The ATTORNEY-GENERAL said the letter could not be found. The COURT ruled that the question could not be put. Examination continued—Mr. O'Connor appeared in his usual health and spirits when I met him on the bridge. On the Sunday following I went to Mr. Manning's house in Minver place, and saw Mrs. Manning. I asked her if O'Connor dined there on the previous Thursday. She said no. She added, "I saw him on the night before that, and he was unwell, and I went on the following night about seven o'clock to inquire about him, but he was not at home." I said, " It is very strange, for he was seen by two friends crossing London-bridge in the direction of your house on that day." I asked to see Mr. Manning, but she said he , was not in. She sa id it was ungent l eman l y o f M r. 0 Connor that he did not come to keep his appoint ment to dine with us on the Thursday. I said I would call the same evening to see Mr. Manning, as perhaps he might have seen Mr. O'Connor, but she said they were going out to tea, and would not be at 'lame. I do not know Mrs. Manning's hand writing. O'Connor was on very friendly terms with the Mannings. Cross• examined by Mr. BALLANTTNE—I knew Mrs. Manning before I saw Manning. I have been to O'Connor's lodgings and seen Mrs. Manning there, and have left them together late of an evening. It was on the 12th of August I saw Mrs. Manning, and she said she had been down at O'Connor's twice to inquire after him—once on the 9th and once on the 16th. I think she said it was about 7 o'clock in the evening. Cross-examined by Mr. Sergeant WlLKlNS—When ever I have seen Manning and O'Connor together, they have always appeared on friendly terms. David Graham examined by Mr. CLERK—I am an officer in the Customs, and knew O'Connor, I remember meeting him on London-bridge while in company with the last witness. He appeared in perfect health and spirits. I remember going to Manning's house, in Minver place, on the 12th of August, with Mr. Keating, and then seeing Mrs. Manning. Mr. Keating asked if she had seen O'Connor. She said she had, on the Wednesday previous, when he was at their house, and being unwell lie laid down on the sofa. Then she went to Mr. O'Connor's lodgings on Thursday even ing, the 10th, at about a quarter to six, to know why be had not come to dine with them, but she did not find him at home. She said also that she thought it very ungentlemanly that he did riot come. We asked to see Mr. Manning, but he was not at home, and when Mr. Keating proposed to come in the evening, she said they were going out to tea. Cross-examined by Mr. Sergeant Werems—The spot where we met O'Connor was about half a mile from the Mannings. Cross-examined by Mr. PARRY—I had often seen O'Connor walking with Mr. Manning, and I have seen Mrs. Manning at O'Connor's lodgings once, It was in the evening, and I left them together. O'Connor occupied two rooms in a house in Green. wood-street on the same floor. The Court adjourned at this period of the proceed., ings for a quarter of an hour. The Court having resumed, John Coleman was exam i ne d b y th e ATTORNEY GENERAL-1 hold a situation in the Customs. I knew Mr. O'Connor. I saw him last on the 9th of August on London-bri:lge about a guar.- ter past five. lie was walki ng s l ow ly, an d some ti mes stopping, as if undecided which way he would go. Cross-examined by Mr. Sergeant ''ewes—Hc was going towards the City. I was on the top of an omnibus, and had but a mere cursory glance of him. Ile appeared undecided as to the way he should go. Sophia Payne examined by Mr. CLARKSON—I am the wife of Joseph Payne, residing at No. 2, Minver place. I know the Mannings. I remember the rumour of the murder of O'Connor. On the Monday after I heard it I saw the male prisoner about six o'clock in the evening. He came to my house and asked me to permit him to go through my house to his own, as his wife was out. He did so, and got over the garden-wall. On the Thursday before, et about a quarter before seven, I saw the male prisoner sitting on the garden-wall, smoking his pipe. I entered into conversation with him, and alter con versing with him for a quarter of an hour or 20 mi nutes, he jumped down, saying he had an appointment to keep that he had forgotten, and must go to dress. lie went in upon that, and I saw nothing more of him that evening. I left my house that evening about half-past seven, and retured about eleven. I left my husband at home. Cross-examined by Mr. Sergeant iVernuers—When I first saw him it was light. He was sitting with his legs hanging in his own garden and appeared as asual. His garden is rather larger than ours . I do not know that th e y paid particular attention to the flowers in their garden, nor did I ever observe any particular flower in the garden. We can hear persons moving about when there is a bustle in the next house, but we are rather quiet. The lithographing business is carried on in our house. We had our tea about fire o'clock, and then we were very quiet. It was about half en hour before I left home that I saw Manning. Mr. examined by Mr. 13 . ODZIN—I am an officer in the Flynn,} ustoms, and knew 0 Connor. In con sequence of his being absent from business, I went to inquire after him on Sunday, the 12th of August, at Nlinver place, but found no one at home. On the following day I went again, with a police-officer, and seked for Mr. Manning. A female answered the door, and said he was not in. I then asked for Mrs. Manning, and she said, " I am. Mrs. M ann i ng ." I told her that I was a friend of O'Connor, and she asked me to walk in. I did so, .and then asked her if she had seen O'Connor. She said " No, it is very strange, as some friends of his saw him on Thursday on London.bridge." She said O'Connor was :a fickle-minded man, as he would often come to her place, stop a minute or two, and then suddenly jump up and leave. She then spoke of Vauxhall, and suggested that probably tie might be there, as she had been with him once or twice. She mentioned the name of Walsh, who resided there. She then said, "Poor Mr. O'Connor, he was the best friend we had in London," and when she said that I thought I fancied her countenance changed. She turned pale, and I asked her if she was ill. She said, "No, but - six weeks ago she had been ill." I then asked her if she had been to Mr. O'Connor's lodgings on the 9th. She said "Yes." I then asked her what time she left her own house. ,She first said six o'clock. I asked her if she was certain of the time, and she said it might have been a quarter past six. She said she wet one or two friends on her way there. The last remark when I was leaving was, " You gentlemen are very susceptable." Cross-examined by Mr: Sergeant WILKINS—I knew where Mr. O'Connor kept his cash. It was in a cash-box which he kept in his trunk in his bedroom. ATTORNEY-GENERAL—I beg pardon ; I have some other questions to put. Did you go to O'Connor's lodgings on the 13th? Witness—Yes, I went there on the 13th, and Walsh, Keating, and the officer. I broke open the trunk, found the cash-box open, but it had no money in it. It had nothing in it but memo randums. Ann Armes, examined by Mr. CLERK—I reside at 21, Greenwood-street, Mile- end-road. I have a sister living with me, named Emily. O'Connor lodged with me for several years; he occupied two rooms on the first floor. I recollect Thursday morning, the 9th of August. O'Connor left my house on that day about half-past seven o'clock in the morning, and I never saw him again. lle never returned to my house. I know the female prisoner. She was in the habit of coming to visit O'Connor par ticularly in the last month before his death ; she came alone except two or three times, and then she was accompanied by Mr. Manning and Mr. Massey. At a quarter past six on that day I saw Mrs. Manning go up stairs into Mr. O'Connor's room, where she remained till a quarter past seven. No one else went into the room while she was there. I saw her go out of the house. She went through the shop attached to the house, but on other occa sions she had been in the habit of going through the private door. I saw her the next day, Friday. She came about the same time, a quarter to six o'clock, and went upstairs into Mr. O'Connor's room, and remained there till near a quarter past seven. I saw her leave the house. She went through the shop and changed a half-crown when I observed her ha n d t rem ble. O n Monday, ?he 13th, Mr. Flynn and others came to my house, and entering Mr. O'Connor's room, broke open his box, which was found on the top of the drawers, the place where it was usually kept. No one had been in the house since O'Connor left it but the female prisoner and herself and sister. I remember Mrs. Manning coming to my house on the Friday before the 9th, and I then heard her say to O'Connor, " I want to purchase some railway shares." O'Connor then had his cash-box open before him, together with some papers. Cross-examined by Mr. Sergeant WILKINs— O'Connor always kept his keys on his own person. Mr. Lockwood, recalled, 'aid that the wounds on the head might have been intPcted by the sharp end of such an instrument as the crowbar. By the COURT—Should say the body might have been in the hole a week, or a little more. The exterior cf the body was in a state cf decomposition. In saying that the body had been underground for a week he took into account the acti( a of the lime by which it was surrounded. He formed this opinion from the ap pearance of the body, independent of any other circum stance. The lime must have been absorbed through the fractures, and thus tend to the decomposition of the brain. Mr. Cahill, shopman to Mr. Langley, ironmonger, Tooley-street, said—l remember, on the Bth of August, the female prisoner coming to the shop to purchase a shovel. I showed her one, and , she said s h e wante d a strong shovel, and I recommended her a lon g wooden handled and regul a r s h ove l. She said she would make a short shovel do, and I sold her one. I took it to her house. She gave me a direction, 3, Minver•place, the name of Manning. When I went there I saw Mrs. Manning. I went about seven o'clock in the evening, and she ordered it about three in the afternoon. (A shovel was here produced by the officer.) That is the shovel purchased at our shop. It is a dust shovel. Cross-examined by Mr. BALLANTYNE—The price of it is is. 3d.; I did not ask more than that for it. William Sopp, policeman, produced the shovel. I received it from Mrs. Bainbria;ge, the wife of a broker in Bermondsey-square. Barnes, policeman, recalled, and examined by Mr. BALLANTYNE—I did not find any shovel in Minver-place. By Mr. WILKINS—I noticed that there was a marble chimney-piece in the front parlour, which seemed to have been newly put up. Eliza Firman, a little girl, aged 12, living in Staple street, said, I recollect the 10th of August. I was op posite 3, Minve r -pl ace . I was selling matches and boot laces. On the following Saturday I saw th e f emale prisoner at the w i n d ow . I said—" If you please, Nia'am, do you want your steps cleaned ? " Sh e sa id , " Can you com e on M on d a y." I said " No Ma'am, I cannot come on M on d a y, I mast go out and sell my things." She then asked how much I would charge, and I said sd. This was about half -pat n i ne . I then went into the house, and cleaned up some por tions. She flaked me to clean the blinds, and I said I could not, my hands were had, but I will clean your steps. She said she had cleaned the back kitchen; but told me I might clean it again. She asked me to clean a basket which had spore lime in it. I could no t d o it, and then Mrs. Manning tried to I wash it, but es there was not enough water was obliged 'to stop. The male prirocer was there at the time. I saw him twice. I heard some words the second time. Ire came up stairs to his wife, and stamped his feet on the ground in a passion, and said " he would have it." Cross.examintd by Mr. BALLANTYNE—They kept me till seven, and gave me sixpence. They were not gngry with inv. I took something away with me. I'll tell the truth, nod that a ill go the furthest.—(Laughter.) I can't tell everything.—(Laughter.) I took an egg and a razor. I took the egg out of the larder when their backs were turned. I took also a purse that came out of the drawer. I took also some stockings, They came out of the cupboard in the kitchen. There was no dress nor petticoat. I don't remember if there was a smelling-bottle. Mr. James Coleman, builder, and landlord of 3, Minver-place. The Mannings were yearly tenants. They gave me no warning when they left. I heard of their leaving on the 14th. Charles Bainbridge, the broker who purchased the furniture from Manning, gave similar evidence to that detailed at the police-court. Cross-examined by Mr. Sergeant WlLltirts—l took a list of the things I purchased, and I will produce it to-morrow. I say positiyely that Manning said, "I have sent my wife into the country." There was not such a thing as a coal-pick among the articles, nor a pick-axe. The tongs were not worn very thin at the end. By Mr. BODKIN—There was not such a thing as a crowbar. There was some men's clothing, a light z phyr coat and a paletot. Mrs. Bainbridge, the wife of the former witness, said, that the dust shovel produced was among the articles brought from 3, Minver-place. There were four female's dresses ; she noticed, something remarkable about one of them—a morning wraper, upon which there a pp eare d to b e mar k s o f blood. It looked as if it had been washed out, and dried in:a hurry, and become mildew-ed. The cape was separated from the body. The prisoner Manning slept two nights at her house, and left on the Wednesday morning. He took a carpet bag and a trunk covered with leather. He went away in a cab, and said he was going sea-bathing. On the Monday ni g h t , a b out a quarter before six, she said to Manning, wh ere ' s Mrs. Manning, and ho said I have sent her into the country. She asked him if he was going to sleep at his house that night ? He replied. No; I would not sleep the re f or 20/. Some dresses were left as a present for me. Crest-examined by Sergeant WILK/Ns—l am positive that he said he had sent his wife into the country ; he did not say that she had started into the country. No one was present when he said he would not sleep at Minver-place for 20/. By Mr. BALLANTYNE—I said I considered the marks on the dress were scorches arising from ironing or dry ing in a hurry. The marks of blood are on the cape only. lite.tilda Weldon, examined by Mr. CLERK, said—l was servant to Mr. Bainbridge iu the mouth of August last. I recollect Manning coming to our house on Monday, the 13th of August. Ile sent me to 3, Minver-place, to bring his wife. I could not find it out, and I went back again. I recollect his gcing out after I returned. When he came back I don't recollect him saying anything to Mrs. Bainbridge. On the day when the goods were removed he told me to say that if any one inquired for her I wss to say that I had net seen her for a fortnight. I cannot say whether he said his wife had gone into the country, or that he had sent her. Mary Ann Schofield, \ examined by the ATTORNEY GENERAL, said—l live opposite 3, Minver-place, and I recollect Mrs. Manning leaving her house in a cab, on the 13th, the Monday before the body was found; she left about half-past three. Manning came about half-past five, and knocked twice at the door, and then tapped at the window. Ile then came over to me, end held up his fieger for me to open the door. He asked me if I had seen his wife, and I said I saw her leave in a cab at half-past three. He thanked me, and then crossed over to 2, Min ver-place, and knocked at the door. William Byford, the cabman, said he had a fare on the 15th of August from Bermondsey-square. The prisoner Manning hired him, and he drove him to Wattrloo station. He had a carpet-bag and a trunk. This was about half-past eight o'clock in the morning. Ile went by way of Bermondsey-street, by the request of Manning, but that was a much longer route. William Kirk, the other cabman, said Mrs. Manning hired him, and requested him to drive to 3, Minver place. When they arrived there ho assisted her down with two boxes and some other things. He then drove her to a stationer'a shop where she got something ; he afterwards proceeded to the London-bridge station, where she left two boxes, and upon which some cards were nailed. He afterwards drove to the Euston Rail way station. William Day, porter at tho London-bridge station, said the female prisoner gave him two cards to nail upon the boxes. They had on them " Mrs. Smith (or Miss Smith) passenger to Paris." She wished the boxes to be left in the cloak-room until called for. Richard John Moxhay, the superintendent of the Edinburgh police, was next examined by the.A TTORNEY GENERAL, and gave precisely the same evidence relative to the arrest of the female prisoner in Edinburgh which has more than twice been laid before the public. Cross-examined by Mr. Sergeant WILKINS—Mrs. Manning told me with respect to the two boxes that she had left them at the Brighton station, because she had not made up her mind whether she should go to Paris or to Edinburgh. Cross examined by Mr. BALLINTYNE—Shp also told me that part of the scrip found upon her was purchased for her by O'Connor. Edward Langley, of the detective force, detailed the particulars with reference to the arrest of Manning at Prospect house, St. Heliers, Jersey, on the 25th of August. _ _ _ Cross-examined by Mr. Sergeant Wn.xiNs—l found some gunpowder upon Manning. Ido not know that he was in the habit of going out shooting; thought he used to shoot with his dog at Taunton. Mr. Superintoade — nt Haines was next examined, and gave evidence as to the contents found in the two boxes at the Brighton station, and also as to his conversation with the male prisoner while on his way by the railway from Southampton to London. The Court then adjourned at a quarter after Eix o'clock until ten to-morrow. The court continued filled until the conclusion of the proceedings. At five o'clock the court was lighted up, and presented a singularly imposing appearance. We regretted to see that several persons were accommodated with seats in the dock, close to the prisoners. They kept their eyes almost constantly fixed upon them, and, as th© expression is, " almost stared them out of countenance." We should have thought that the officials had more good sense than allow this; the prisoners might be sp a r e d th e p a i n o f p ersons , at teir very elbow, gazing intently upon them, and perhaps diverting their attention from the evidence. 7'HIRD COURT. (Before Mr. Commissioner BULLOCK.) MURDER.—Henry Watson, a man about 35 years of age, was indicted for the wilful murder of Louisa Charlotte Watson, his daughter, on the 20th Septem ber, by throwing her into a waterbutt, and was also charged, on the Coroner's inquisition, with the said murder. Mr. M'Murdo, the surgeon to the prison, upon being sworn. deposed that he had had an opportunity of seeing the prisoner since the 21st of September last, and he was evidently of an unsound mind. The jury returned a verdict accordingly. MIDDLESEX SESSIONS. (THIS DAY.) The ASSISTANT JUDGE, on taking his seat on the bench, apologised to the bar and the jury for the late ness of his arrival (it being half-past ten o'clock), which he said was occasioned by a serious accident upon the North Kent Railway, which delayed the train a consi derable time. The Court this day took thebail list, and was occupied the greater part of the morning with hearing appeals against the decisions of the magistrates in cases of affiliation. IRELAND. (FROM A CORRESPONDENT.) OPENING OF THE ENCUMBERED ESTATES COMMISSION. DUBLIN, WEDNESDAY, OCT. 24. This day, at twelve o'clock, the Commission for the Sale and Transfer of Encumbered Estates in this country was opened in the Court of Exchequer by Baron Richards and Messrs. Mountiford Longlield, LL.D., and Charles J. Hargrave, Esq., the Commissioners appointed by her Majesty. The court was very much crowded by bar risters and solicitors. When the Commissioners had ak en their seats on the bench, The Right Hon. Baron RICHARDS (Chief Commis sioner) said—This being the first public sitting et the Court for the Sale and Transfer of Encumbered Estates in Ireland, as established under the Act of Parliament passed in the sessions holden in the 12th and 13th years of the reign of her Majesty Queen Victoria, it may be right briefly to call attention to some matters connected with the establishment of this court, and with the course of procedure which it is our intention to have adopted for the purpose of carrying out the provisions of the statute. The Act of Parliament from whence all our jurisdiction is derived appears to have received the Royal Assent on the 28th of July, 1849, and, shortly after that time, Dr. Longfielel, Mr. Hargreave, and myself had the honour to be appointed Commissioners by her Majesty, pursuant to the Ist section of the Act ; and with all convenient speed afterwards, we, the Commis sioners, assembled together, and pmcceded to frame a code of rules for regulating the course of procedure under the Act, and for securing the due execution of the powers vested in us, and giving effect to the pro visions and objects of the Act. These rules we were enabled to lay before her Majesty's Privy Coun cil in Ireland for their approbation or amendment on the 18th September, 1849. Some of these rules that Right Hon. and Learned Body were pleased to strike out altogether, and to alter others; and on the 17th of October, 1849, the Privy Council were pleased finally to dispose of the matter, and to express their approbation of the rules as so altered by them, and immediately afterwards the rules, as so altered, were, as I under stand, enrolled in the High Court of Chancery as required by the 10th section of the statute, and that being done, we have thought it right to came this day, being the earliest that r.e could well appoint, for the opening of our court, I may men ti on th a t certain of the rules which we have laid bef ore th e Privy Council were relative to matters of form mere ly, a nd to the mode of commencing and continuing proceedings in our court, and though we felt that we had sufficient outhoritY of ournelYoo, wider 1129 Pal Oeoii94 9f the Act, to frame rules and regulations of that descrip tion, without requiring the approbation of the Privy Council, we thought it would be mere satisfactory that the en:ire of the proposed plan and frame-work of our ccurt should be laid before the Council, rather than a mere fractional portion of our in tended practice, leaving it, however, to that learned body to deal with the rules generally in whatever way they might, in their wisdom, think proper; and accordingly the Privy Council, considering it unneces sary that their approbation should be required in respect to matters which fell within our own authority, under the 9th section of the Act, did, as I understand, strike out all those rules which appeared to them to partake of that character. But they, no doubt, also varied other rules, which we submitted to them in many important particulars. I mention these matters chiefly to ac count for our having introduced into a separate code, and upon our own authority alone, certain of those forms and directions which, if the matter were unex plained, it might be supposed the Privy Council had dissented from; but that is not the case. We are quite aware that, wherever the Privy Council varied or ex punged any of the rules submitted to them, except upon the grounds that I have mentioned, we had no autho rity to retain those rules so disapproved of, nor have we any disposition to assume the authority of running counter in any respect to the judgment of that learned body. With regard to the rules themselves, it would be taking up time unnecessarily if I were to at tempt here to state them either in detail or otherwise; all persons who are desirous of making themselves acquaint ed with the subject, would do well to study attentively both sets of rules end forms—l mean those approved of by the Privy Council and those emanating from ourselves, and propounded upon our own authority. Wo have endeavoured to make all those rules as plain and as clear as we could, and those that have been trained under the 10th section of the Act having, in their present state, re ived the sanction of such distinguished person ages as presided at th e C ounc il B oar d , I should hope they will not be found very difficult to be understood. But considering the novelty of the subject, we think it right to invite those who intend practisieg in the court to communicate freely with us in case of any difficulty arisirg in their minds, in regard to any of those rules. Such coin. munication, however, must be made in public, and at the sitting of the court, and not in any other manner, or at any other time. Hiving said thus much upon the subject of our general rules and orders, I would next observe that although we (the Commis sioners) aro now perfectly ready and most anxious upon our parts, to proceed with the business of our court, yet I do not well see how we can advance a step until souse tit and proper place shall be provided and prepared for us in which to hold our sittings, and more especially a place in which the office business of our court can be carried on, and where the pleadings and documents connec:ed with the business of our court can be deposited, and safely kept, and filed, and re gistered. It is not to be expected that our secretary can keep all those pleadings and documents about his person, or ev e n i n hi s own d om i c i le; and I would not I think it right that valuable papers and muniments of title and deeds should be lodged with our officer until he shall have a safe and convenient place in which to de posit them. I trust, however, that ere long, we shall be provided with all necessary accommoda tion for the purpose of carrying on the business of our court; indeed I have every reason to believe that his Excellency the :Lord-Lieutenant and the Government aro meet anxious to second our efforts to obtain that accommodation with as little delay as possible. But until this accommodation shall be obtained I :greatly fear that the business of the court must be very much impeded. Ido not feel that it is within my province to touch upon the general policy of this measure, except to say that nothing shall be wanting on the part of the Commissioners to carry out, as fir as in them lies, the great object which the Legislature had in view in enacting this law, and we hope and trust that public expectation may not be dis appointed. Upon the subject of sales before us, I would wish to call public attention to our six• teenth rule ; and chiefly because that rule esta blishes a practice essentially varient from the practice of every other court of equity both in England and Ireland. By that rule we have precluded ourselves from opening any sale by reason of an advance in the bidding merely. Many persons, I dare say, will disapprove of the prin ciple of that rule, hut we do not expect to please all parties, we can only say that the principle of that rule engaged our most earnest and anxious consideration ; and, upon the deepest reflection, we arrive at the conclusion that the practice of opening sales from time to time, by reason of an advance in the biddings, was calculated to damp very much the ardour of bonafide purchasers, to delay the final completion of the sale and winding up of the cause; and, in fact, more or less to damage all parties interested in the case. It is essential, however, that this most important alteration in the mode of procedure in respect to the sales of property should be very generally known, and we trust it will obtain universal publicity; on the other hand, to guard against a collusive or fraudulent attempt to have pro perty knocked down at a gross undervalue, we have reserved to ourselves a power by the sth rule to ad journ the sale of any lot if, in our opinion, the highest price offered is clearly inadequate. This is a power which. I apprehend we shall very seldom have occasion to exercise, and, most likely, never shall exercise, except where we have reason to suspect something in the nature of fraud or contrivance in the case. It is right, however, that we should have such a power, to be used or not as the circumstance of the caae may appear to render necessary. Indeed, I have heard it said by some, and I have read something of the same kind also, that unless we are prepared to sacrifice all property brought into our court we shall not be able to effect sales. I don't know whether it is expected that I should enter at any length into that subject; hut I presume it is not, and, for myself, I must confess I have no disposition to prophecy one way or other on that point. All I shall therefore say is, that I see no well-founded reason why persons desirous of investing capital in a profitable manner should refrain from doing so in the purchase of land is Ireland, and especially in the purchase of land to be sold under our court; for, first, they will have a clear and indefeasible title not de pending upon the preservation of any ancient deeds or charters, or on the accuracy of searches, or on the opinions of counsel ; but deriving its validity from the statute under which we are acting ; and, secondly, they will have a clear possession, free from all claims of tenancy, save those subject to which the property is expressly sold ; but chiefly the purchaser under our court will obtain the benefit of his contract at once, and not be delayed, as is sometimes the case, fur years, not knowing, up almost to the latest moment, whether his purchase is to be on or off. As to the objection I have here made against purchasing in Ireland, arising out of the present state of this country, I shall only only observe that if we reflsct upon the calamitous events of the last four years, it is not surprising that the state of society in Ireland should be, to a certain extent at least, disorganized. We have had, by the awful visitation of Providence, I may say four successive years of partial famine, accompanied with pestilence and wretchedness unparalleled; and it has been our fate, during the same time, to have had a code of laws to work out which, even in better times, could not fail in their commencement to press severely upon many —I mean the poor-law Acts. But this state of things is not, I trust, to last for ever ; and I confess I have strong hope and expectation th a t, ere l ong , we s h a ll see Ireland emerging from her present condition, and rising into a more elevated and healthy state, both morally and physically, than we have ever yet known her to enjoy. With regard to the frauds attempted by tenants on their landlords in carrying away their crops and stock to avoid payment of their lawful debts and engagements, I have every confidence that such a state of things will not have continuance; and that contracts between landlords and tenants will be observed with the same fidelity in Ireland as elsewhere. But however fraught with matter for observation the present state of Ireland may be, it is not for me to enter upon that wide field ; there are far more compe tent persons engaged in considering what is best to be done for the improvement and amelioration of our country, and I shall not, therefore, be tempted to pur sue this subject. In a moment or two after the delivery of his opening address, Baron RICHARDS said the Commissioners would retire for a few moments to consult with the Judge of the Admiralty Court, in order to see if they could got the use of that court for their officers, and to meet there if necessary. Ile had reason to believe that there would be no objection to such an arrangement as this. Tho Commissioners then retired for a few minutes, and on their return to court, Baron Richards said that by permission of Sergeant Stock, the secretary and other splicers under the Com mission would occupy the Admiralty Court till accom modation off; ed elsewhere. They would be there from the hour of ten o'clock to-morrow morning to receive petitions, &c. The Commissioners would sit at eleven o'clock to-morrow, in the Court of Exchequer, for busi ness, and to answer any questions that any one might wish to put to them concernning the working of the Act. A solicitor wished to ask a question arising out of the 26th rule. It was this, whether a party who had a first encumbrance would be entitled in the Commissioners' Court to his costs es a matter of right—not as a matter of favour ? Whether, in fact, the decree of the Chan cery was binding in this court? Baron RICHARDS—Do you mean, if his - costs were decreed by the Court of Chancery, and that the party comes in here with that decree in his hand, will we admit it ? Certainly, if no party desire to have the question re-heard in Chancery, there will be no ques tion on the matter in this court. Another solicitor begged to ask tho Commissioners whether a party not a professional man could come in to carry on proceedings for another person in this court? lie meant, could a not duly qualified person act before the Commissioners; for one of the rules might lead to doubt on this matter? Baron RICHARDS replied that any party might act for himself—on his own behalf ; hut there was nothing in the rules of the court that could lead any one to sup pose that the Commissioners would sanction an unquali fied party to act for others before them. There was n o difficulty whatever in either of the questions that had been asked. The Court then adjourned till to-morrow morni ng at eleven o'clock. FRS N CE. The proposition of M. Creton, for the repeal of the j a ws of proscription passed against the Bourbons, was ultimately rejected by the Assembly by a majority of 484 to 103. lONIAN ISLANDS. The Patris of Corfu states that on the 30th several arrests took place at Corfu, and that after placing the prisoners in solitary confinement their papers were seized and underwent a severe scrutiny. The per sons arrested are MM. YeHanes, Pietro QurortAno, J. B. Scarpa, G. Calogeras, Colonel Zambeccari, De Ohilippis, and Rocco Canerini. THE TURKISH QUESTION. The lndpendence Beige publishes the subjoined letter on this important question : " Austria, it must be said, is sailing in this question in some degree in the wake of Russia. The Vienna Cabinet would be too glad of a settlement of the affair, and would not insist upon the extradition o f th e refugees. B u t it is evident that if Russia insists, the Austrian Governm en t w ill b e o bli ged to follow. It is not on the morrow of the day upon which the Czar has rendered hi s ass i stance to the Emperor Francis Joseph in putting down the Hungarian in surrection, that the latt er cou l d leave his powerful ally, especially in a matter in which Russia is en gaged in consequence of the very assistance she rendered to Austria. "France, on her side, w ith ou t b e i ng placed in a similar position towards England, nevertheless yields to the impulse given by that power. Like Austria, she ardently desires a prompt and pacific solution ; but if, perchance, that solution should not take place, it is certain that it will be impossible for France to remain an indifferent spectator of the struggle in the Bosphorus, the Black Sea, or the Mediterranean. Only not desiring the struggle, she endeavours to prevent it, and effect an arrangement. " England, or to speak more correctly, Lord Palmerston, is far from being animated by such conciliatory sentiments. What direct interest can the English Government have in entangling matters and bringing about a conflagration ? Does it even wish for such a conflagration ? I shall not seek to investigate this question in this letter, but shall confine myself to a sketch of the situations without seeking causes. The fact is, that England alone, of the three Powers of Turkey, France, and Great Britain, without exactly pushing fur a war, acts in a manner as if war must be the inevitable result, ex. citing instead of calming the public mind. " Thence the difference in the language held by the representatives of France and England at Vienna. Both endeavour to detach Austria from her coalition with Russia, on the extradition question, to persuade her to relinquish the demand of extradition on her part, whatever may be the decision of Russia. But in seeking the same end Lord Ponsonby and M. Gustave de Beaumont employ different means. The first endeavours to intimidate the Cabinet of Vienna, the latter tries persuasion. " According to the last advises received at Paris from Vienna, Lord Ponsonby had just received a new dispatch from Lord Palmerston, enjoining him to declare in positive terms to Prince Schwarzenberg that if Austria or Russia persisted in demanding the extradition of the refugees, and resolved to have recourse to coercive measures against the Porte, England for her part would take measures to protect the independence of the Ottoman Empire and the integrity of its territory. If my information is exact —and I have reason to believe it is most exact—Lord Palmerston brings forward France in this dispatch, and thinks himself warranted in declaring to the Austrian Government that the French Republic would join Great Britain to oppose any act of violence projected against the Sultan. Moreover, Lord Pon son by was instructed to provoke an immediate reply from Prince Schwarzenberg, and in case that reply should not be satisfactory, to transmit directly orders to Admiral Parker to take position with his squadron at the mouth of the Dardanelles, to be ready to pass them at the first signal from the representative of Great Britain at Constantinople, Sir S. Canning. " What was the reply of Prince Schwarzenberg ? lam not able to inform you; the more so, as I arn assured that Prince Schwarzenberg wishes to avoid giving a definitive reply until he is acquainted with the reply of the Czar to Fuad Effendi. "M. de Beaumont is by no means so imperative as Lord Ponsonby. He does not conceal, that should war be the result, France could not do otherwise than espouse the cause of Turkey; but at the same time he shows, on the part of his Government, a sincere desire for the maintenance of peace, especially with Austria. " What results from all this ? That the solution of the question is between England and Russia. Austria will follow the latter power, France will side with England ; but be assured that Austria and France desire peace, and that they will unite their endeavours, as far as their respective positions will allow them, to prevent a war. M. Delacour, predecessor of M. de Beaumont at Vienna, has just arrived at Paris. It is not improbable that he is the bearer of communications of a nature to render a pacific solution snore probable. However, I repeat it, nothing positive can be said, until we know the reply of the Emperor Nicholas to Fuad Effendi. But it is allowed to presume that that reply will not be of a nature to render an amicable solution impossible. In that case Lord Palmerston will be quit for a little extra excitement. " Russian diplomacy is on the stir. Prince Vol konski, general aide-de camp of the Emperor, one of the big-wigs at court, is at Naples. General Boehm, another aide• oe-camp of the Emperor, has arrived at Paris. Count Blondoff is expected to be sent on a mission to London." CHOLERA AND DIARRHEA ENGLAND AND WALES. The following is the Return of Deaths from Cholera and Diarrhoea reported to the General Board of Health, October 24, 1849 : SUPERINTENDING REGISTRAR'S DISTRICT. Deaths. Cholera. Dlarrh. 2 0 O 1 1 0 O 3 O 1 O 1 1 0 O 1 2 0 2 0 1 0 1 0 Basford (MARFA) Bedminster (Stoke Abbott) ... Berwick-upon-Tvveed... ... Birmingham Blackburn (Great Harwood dis.) Biolield (South Walsham dis.) Bolton (Tonge with Haulgh) Bradford ••• ••• ••• ..• Bridgewater ... Bristol Burnley (Padiham district) ... Chapel-en-le-Frith Clifton Union (St. Philip and Jacob) Cockermouth (Maryport dis) Darlington ... ... Derby ... ••• ... Dewsbury (Batley) ... Dudley (Rowley Regis district) Forebne (Colton) ... ..• Halifax (0 venden) .• • Hunslet (Bothwell and Kirk stall districts) ••• ••• Knaresborough ••• Leeds ... Liverpool ... Llauelly ••• ••• ••• Loughborough ••• ••• Malmesbury Manchester Midburst ••• ... Newark ••• ••• • • Newton Abbott (Torquay) Northwich Norwich (East Wymer district) Peterborough ... ... Pontefract (Knottingley dis.) Portsea (Kingston and Land port districts) Portsea (Southsea) Preston (Walton-le-dale) ... Richmond (Surrey) ... ... South Shields ... Stockport and Hyde ... Stour bridge ... Upton-upon-Severn ... Wahall (Borough district) West Bromwich (Oldbury) Wigan Witham ••1 Wolverhampton Wrexham .. Yeovil (Coker) ••• ..-.• ••• .."' Total ... SCOTLAND. Haddington ... Hawick ... Total . GENERAL TOTAL. England and Wales ... Ecotland ••• ..."'' Total es• "'''" NOTE.—The deaths are returned according to the superintendent registr ars districts, as it i s found bile prac ticable to distinguish every place separately. COMMON ASSAULTS. TO THE EDITOR OF THE SUN. Sin,—lf a defendant refuses (or is not able) to pay penalty and costs in a case of common assault, he cannot be committed to hard labour. This is a defect which ought to be reme di ed. There are other cases wherein hard labour cannot be ordered. It would, in my humble opinion, be well to pass a short Act of Parliament (and it would necessarily b e short) g i v i ng magistrates a discretionary power, in all case - s, to commit to hard labour or not. Yours obediently, 25th Oct., 1849. A JUSTICES' CLERK: DEATH OF SIR JOHN DASHWOOD KING, BART.-- We have to announce the demise of the above venerable baronet, who expired on Monday last, after a protracted illness. The deceased baronet was con of the third baronet, who w.sumed his maternal name of King. He succeeded to the baronetcy and family estates on the death of his father in December, 1793, having previously married, in 1789, Mary Anne, daughter of the late Mr. Theodore H. Broadhead. The late baronet represented the family borough of Wycombe in the House of Com mons in nine successive parliaments, but retired from public affairs at the close of the parliament of 183 O. Sir John is succeeded in the baronetcy by his eldest son, sawrge 11. Doslawogd, ink► Liao; It S. . 1 . 2, .. 1 .. .. 3- en!" icis.