The Sun. — London, England, 1861-11-06 00:00:00

J?AILWAY S AND PUBLIC COMPANIES. RED SEA AND INDIA TELEGRAPH. A special general meeting of this company was held yesterday at the London Tavern for the purpose of considering a proposal received by the Board from the Lords Commissioners of the Treasury for the transfer of the line and property of the company to her Majesty's Government ; Mr. Marshman in the chair. Mr. C. L. Peel, the secretary, having read the notice convening the meeting, The CHAIRMAN said the object of the meeting was fully stated in the notice. The directors had been endeavouring to obtain from the Government some arrangement for the repair of the line, but the Lords Commissioners of her Majesty's Treasury had not deemed it expedient to grant any further gua rantee for that purpose. Some weeks ago it was proposed to form a new company for the purpose of raising sufficient capital to repair the whole of the line, and render it of service to the public, A communication to this effect was immediately sent to the Lords of the Treasury, which resulted in a proposal to the effect that her Majesty's Govern_ ment was disposed to exercise the right of taking over the line from the company, and of repaying the whole of the capital to the shareholders. The directors stated in reply that they had reason to believe that the shareholders would be equally satisfied with having an annuity of 41 per cent. secured to them, payable at the Bank of England. To this proposal the Lords of the Treasury gave their consent, and expressed their willingness to take the line and relieve the directors from their responsibility. He then read the following letter, which was addressed to the directors by the Secre tary to the Treasury " Treasury Chambers, Oct. 15,1861. "Gentlemen,—The Lords Commissioners of her :Majesty's Treasury have had before them your letter of the 9th inst., and I am desired by their lordships to state to you in reply that they have given the best consideration to the proposition of Sir Mac donald St ep h enson of which the shortness of the time since the receipt of your letter would allow, and are prepared to agree to the following terms : " 1. To divest the existing company of all further responsibility in respect to the affairs of the Red Sea and India Telegraph, with a view to transfer ring the entire concern to the hands of a new com pany, on suitable terms and conditions, should any such company be formed with an amount of capital sufficient to justify a reasonable hope of the success of its object. " 2. To convert the present guarantee into a Go vernment annuity of like amount, payable at the Bank of England, as in the case of other Govern ment annuities. " It would follow from this conversion that all expenses of disbursements would be defrayed by the Government. " 3. To reserve power to the Government to re deem this annuity at any time hereafter, on pay ment of a capital sum in proportion to the unexpired period which the annuity may then have to run. " Your Board is, of course, aware that no final step can be taken in such a matter without the ap proval of Parliament, but my Lords undertake, on the part of her Majesty's Government, in the event of such new company being established, to have a bill introduced into Parliament early in the ensuing scission for carrying into effect the foregoing terms. " Their Lordships abstain on the present occasion from entering into details connected with the pro ceedings of the new company, leaving them for future discussion and arrangement —I am, &c., " G. A. HAMILTON_" On reading this letter the directors thought the third clause rather obscure, but might be agreed to with the understanding that a full and fair equi valent should be given to the shareholders in case the Government should exercise their option of redeeming the annuity. Several large share. holders objected to the third clause, and eventu ally a deputation from the directors had an inter view with the Chancellor of the Exchequer on the subject, and some days after there was a meeting of the largest shareholders, and it seemed to be the general opinion that the proprietors should accept ,the annuity, with the understanding that the sum to be paid them in case of redemption should be sufficient to enable them to purchase a Government annuity of equal value. Upon this point there was no difference of opinion between the Chancellor of the Exchequer and the directors that a full and 'fair equivalent should be given to the proprietors, and that they should not suffer the slightest disadvantage at any future time by the redemption of the annuity. The details, would, of course, be left to the directors. He concluded by moving the following resolution :—" Resolved, that the proposition mentioned in the letter addressed by the Secretary of the Treasury to the directors of the Red Sea Telegraph Company on Oct. 15th last be and is hereby accepted, on the understanding that it be made clear in the agreement with the Govern ment that the intention of clause 3 in the proposal is that, in the event of the Government deciding to redeem the annuity, they shall pay a capital sum which will be - sufficient to purchase a Government annuity of L 4 10s. per cent. per annum on each £lOO of the stock or capital of the company for the unexpired residue of the term." Mr. DENT, a director, seconded the motion. He said the proposal had been fully discussed by the directors ; they considered that nothing but a Go vernment annuity could be equal to a Government annuity, and the board of directors unanimously re commended the adoption of that resolution. A discussion then ensued, in which Mr. A. Eames, Mr. T. K. Cleghorn, Mr. Skinner, and other share holders took part, in the course of which the resolu tion was adopted, there being only two dissentients. The CHAIRMAN then moved the following resolu tion :—" Resolved, that the directors be, and they are hereby authorised to take all necessary mea sures for carrying the arrangement into effect." Mr. DENT seconded the motion, and it was car ried unanimously. The CHAIRMAN said that Sir Macdonald Stephen son, the chairman of the new company, namely, the Telegraph to India Company, wished to address the meeting. Sir M. STEPIIENSON said he hoped they would permit him to congratulate them upon their deci sion to accept the Government proposals, with the interpretation of the only point on which any doubt could arise sufficiently defined to prevent possible future misapprehension. He would make a few observations on the subject of the new company, which he hoped and believed would not be entirely without interest, the more especially as the carry ing out of the new company was one and an essen tial condition in the Government arrangement. Telegraphic communication between Great Britain and her vast dependencies in the East had long been an acknowledged and imperative necessity, and corresponding been exertions had from time to time made to attended any it. Immediate success rarely It was a giadual great innovating enterprise. and progressive operation, attained only after repealed failures had f urn i s h e d t h e ex perience uponwhich ultimate greater the success could be hoped for. Th e undertaking the greater the difficulties usually encountered and the greater s h o uld be the resol u ti on and Perseverance to overcome them. It was noottw exercised the thought, language, and action o ?eery, it was every Eng lishman under the same cireutnstaneee. It must only be the right thing to be done, and it he r ne time, trouble, nor money would be sp ared to ttce plish it. The telegraph to India would not require any illustration to demonstrate its value to an classes. Additional lines would assuredly be re quired within a few months of the restoration of the first. One merchant assured him that he should have saved £50,000 if he could have sent a single message. The Peninsular and Oriental Company's reports of their ships were of hourly necessity. The use of the telegraph was universally admitted, and it was to its completion that their attention was now needed. The false position in which the old company was placed by the late Attorney-Gene ral had nearly destroyed the prospects of telegraphic communication with the East for, perhaps, years to come, but for the earnest and active interference of those who had exerted themselves so effectually to remove the erroneous impression of the insu perable difficulties in the way, and t o s h ow t h a t, by the adoption of proper means and precautions, the ce 'e tarluilll 'ati on might be restored, while the parties w s rs b avked. the alt eTtative l n the new en t er p r i se were secured successful, or yery high rate of dividend if cue er failure. ,rrherersement of their outlay in liberal terms conceded by the Government had effected this, and the argument on which it was based and explained was unanswer able. If the undertaking was successful the Go vernment would get back their advances; if unsuc cessful, they would know that every exertion had been made to secure success, and that ai er the re payment of their outlay to the shareholders the balance from the sale of the property would go to the Government. The capital of the new company was moderate, £100,000; with one half called up it would be sufficient to restore the communication between Aden and Kurrachee, and thus to bring India within five days of England. The shares were of £2 each. The Limited Liability Act defined and limited individual responsibility of the shareholders. The prospects of success were con sidered satisfactory by the highest authorities, and the result of success would be to impart a high value to the shares; the result of failure would be to recover the money laid out from the sale of the property of the old company, now made over abso lutely to the new company. It was a one-sided speculation with great contingent advantages, and without risk of losing the capital under any cir ' cumstances. Two-thirds of the capital required by the Government to be at once raised having been subscribed during the first few days, it was unne cessary to keep open the lists until the decision of the old shareholders was known. Now that it was known no time should be lost in completing the capital, so as to have the shares allotted in the course of the week. He hoped they would all assist the undertaking to the utmost of their power. He and his colleagues and the officers of the com pany had well supported the measure. The Govern ment had met the question in a fair, liberal, and comprehensive spirit, and the shareholders in the old company having most judiciously accepted the Government proposal as regarded their annuity, had only to give effect to their views by extending their cordial and hearty support to the new com pany. Mr. DENT explained that those who wished to take the remaining shares in the new company should apply immediately, and they would get them. The meeting then separated. BUFFALO AND LAKE HURON. Yesterday the half-yearly meeting of this com pany was held at the London Tavern, Mr. H. W. Andrews, in the chair. Mr. T. SHORT, the secretary, having read the notice convening the meeting, the report was taken as read. The CHAIRMAN, in moving the adoption of the report, said the directors considered it better to present it in a condensed form than at greater length. Their main expenditure had been on that portion of the line near the waters of Lake Huron and on the necessary works at the harbour of Gode rich. Sufficient had already been done to insure the company a good and profitable trade, though unfortunately the works had not been completed in time for them to fully avail themselves of the traffic brought to the railway. Other works yet remained to be done which would be attended with some ex pense. The directors had applied for pecuniary assistance to the Canadian Legislature, but they had not hitherto listened to them beyond granting a select committee to consider the subject, and causing a survey of the coast to be made by the Go vernment engineer to ascertain which was the best harbour; but he thought there could be no doubt that Goderich would be found to be the best. The passenger traffic on their line had not increased, but there had been a considerable increase in the carriage of live stock which he thought they might safely congratulate themselves upon. They could now pay their way and something more. Their expenditure' had increased, which was owing to their increased business and wear and tear of their rolling stock, but he believed they had seen the worst of that. There was a great want of trucks for the carriage of goods, and from the want of them they were in danger of losing'some of their business. A car company had been started, but had not been well supported, only about 50 or 60 cars hav ing been built, and in conseque#ce they had been obliged to convert the platform ca.kriages into trucks to accommodate the traffic which/ was at their doors and which for the want of efficient cars they dould not convey. With regard to the postal sub sidy, the directors had not been finabled to do any thing. They had been very economical in the man agement of the line ; the balancersheet showed that the works had been carried on with as little ex pense as any similar undertaking, and he was glad to ,say that the powers given them by the share holders had not been exceeded. Although the Ca nadian Government had refused assistance to them they had given it to other railway companies, and they were therefore left to their ownresources. The time had now arrived when it was necessary to call in the aid of the shareholders, and the directors therefore recommended the appointment of a com mittee to consult and concert with them as to the best means of supplying the necessary funds and what course should be adopted. * Mr. P. RAWSON seconded the motion for the adoption of the report.: Mr. POWELL inquired what measures had been taken with the Government of Canada with regard to the mail service. The CHAIRMAN replied that he believed nothing further had been done than presenting the petition agreed upon at their last meeting. On the motion of the Chairman, seconded by Mr. G, Rose, the following gentlemen, with power to add to their number, were elected to act as a com mittee of consultation :—Messrs. C. Makins, T. W. Powell, T. It. Cobb, S. Lawrence, J. A ikin, E. Johnson, and M. Hyslop, The CHAIRMAN then moved that the meeting be adjourned to the sth of December, which was seconded by Captain Dashwood and carried. A vote of thanks to the chairman and directors terminated the proceedings. FINN VALLEY. The half-yearly meeting of this company was held at Strabane on Thursday; Lord Lifford in the chair. The SECRETARY read the report, which stated that since the last meeting the contractors had been put in possession of land, and were at work at the Stranorlar end of the line. In the cases in which the directors could not effect the purchase of the requisite land by amicable settlement the Govern ment arbitrator had made his valuation, and had fixed Dec. 6 and 7 for hearing objections to it. The directors would be able to deliver to the contrac tors all the lands required for the line without delay to the progress of the works. The directors had entered into a contract with the directors of the Dundalk and Londonderry line to work the railway for 10 years after its completion for 35 per cent. of the traffic receipts; the Dundalk Company were to provide rolling stock and to pay all working charges. The capital account showed that £14,773 had been received, and £9,727 expended, leaving a balance of £5,046. The CHAIRMAN, in moving the adoption of the report, congratulated the shareholders on the pro spect of completing the line and works within the estimate by the end of July next. Mr. MACKY seconded the motion. Mr. BOWER, the engineer, said that he had esti mated that the probable return on the outlay would not be leas than 44 per cent., and that 8 per cent. might be realised under the working arrangement. The report was unanimously adopted, and a vote of thanks to the chairman concluded the proceed ings. DERIVATION OF Bench or Form in the open air, on our day expose their wares for chs sale, humbler hucksters of counter which, in older and simpler representsl the table or the shop of traders of all degrees, times, constituted used them—as still in the East—tobees Bankers even conduct their business in the public places, seated enfo a bench (baneus,ban,co, whence `," bank, banker") before them, on which . to count out cash to customers, When e a trader became insolvent,. it accorded with the unsophisti cated procedure of the middle ages, that the authorities should manifest the insolvency to his brother-traders and to the community, by breaking up his bench. Hence the term baneus ruptus, through the Italian banco sotto, and its French adaptation banque route, all alike signifying broken bench, has added to our vocabulary the word bank rupt—"denoting thereby," as Blackstone expounds, "one whose shop or place is broken and gone, "—.The Gazette of I3mikruptcy, LAW INTELLIGENCE.—Nov. 5. COURT OF PROBATE AND DIVORCE. (Before Sir C. Cresswell.) ALLEGED COLLUSION. The Attorney-General:obtained leave to intervene in the cases of Pollack v. Pollack and others, and Hotine v. Hotine and Foxall, which have been fully reported, on the ground of collusion. WALKER V. WALKER, NICOL, CRAIG AND ANOTHER. In this case the petitioner was the husband, and sued for a dissolution of marriage with his wife on the ground of her adultery with the two co-respon dents Nicol and Craig, and another person not known. The case was heard last July before a special Jury, and occupied the court two days, when a verdict was found for the petitioner on all the issues. From the evidence adduced at the trial, it ap peared that all the parties lived in Liverpool, and that Mr. Nicol was a builder and Mr. Craig a medi cal man. Various acts of familiarity were deposed to on the part of Mrs. Walker with the co-respon dents, and, inter atia, it was alleged that she had admitted Mr. Nicol into her house during the ab sence of her husband, and had been locked in the dining-room, and that he had been frequently seen to leave the house, the door being opened to him by Mrs. Walker. Notes were also read which, although not of an amatory cha racter, showed that a very close intimacy sub sisted between Mrs. Walker and Nicol ; but it was attempted to be shown that these had reference to business transactions. Mr. Nicol admitted having written these epistles, and also that he and his wife were on very friendly terms with Mrs. Walker, even subsequently to his having heard that her husband accused her of impropriety with him. Mr. Coleridge, Q.C., on behalf of Mr. Nicol, now moved for a rule calling on the petitioner to show cause why there should not be a new trial, on the ground that the verdict was against evidence. He stated that Mr. Craig had also filed an application for a new trial, but he did not appear on the pre sent occasion. The learned counsel then went through the evidence in detail, and contended that there were discrepancies in the testimony of the principal witnesses which fully justified the applica tion. He also produced a plan of the house where Mrs. Walker resided, to show that the evidence of one of the females examined, a servant, who de posed to having seen Mr. Nicol leave the house on one occasion, was not to be relied on, as she stated that she witnessed the occurrence from the kitchen, which was considerably below the surface of the ground outside, and rendered it improbable that any person could see who entered or left the house. Sir C. Cresswell One pane of the window in the basement story is above the surface, and a person, by mounting on a chair, could see who left the house. When female curiosity is excited there is nothing improbable in its being gratified in a case like the present, when the servant might have known or suspected that there was a gentleman in the house. (Laughter.) I will consider before de ciding on the application. Dr. Phillimore, Q.C., on the part of the petitioner, applied to have the decree nisi pronounced, as there was sufficient proof of the respondent's adultery, even if it had not been established against Mr. Nicol. - . Sir C. Cresswell said he must decide the appli cation on the other side before making any;such de. cree. COMPTON V. COMPTON AND BARING. In this case, which has been fully reported in this journal, the husband obtained a verdict and £6OO damages, and the Court pronounced the decree nisi dissolving the marriage, on the ground of the wife's adultery with the co-respondent, who holds the rank of captain in the English army. Dr. Spinks applied to - the Court to make the decree absolute, and also that the damages should be paid to the petitioner. . _ _ Icfr. R. Searle said he was instructed on behalf of Mrs. Compton to apply to the Court to direct some provision to be made to her out of the money in question. Sir C. Cresswell—l cannot direct that she should derive any advantage from her prostitution. I think the husband is entitled to the decree being made absolute, and also to the damages being de livered to him. CITY SHERIFFS' COURT. (Before Mr. Sergeant Wheeler.) PEARSON V. MUGGERIDGE. At the conclusion of the examination of witnesses in this case, The jury, without a moment's hesitation, found a verdict for the defendant. The learned Judge said the other applicants would have their remedy against Mr. Acland. Defendant's counsel waived costs. DESERTION BEFORE TilE ENEMY. CHATHAM, Nov. 5. The members of the General Court-martial re sumed their sitting at 10 a.m., this day, in the Gene ral Court-martial-room, Chatham Barracks, for the trial of Henry Warner, 17th Lancers, No. 1,224, for having deserted from his regiment when in front of the enemy at Kadikoi, in the_Crimea,•on the Bth of August, 1855. Captain Congrave, Brigade Major at Chatham, officiated as Deputy Judge-Advocate; and Colonel R. N. Phillips, commanding 2d Depot Battalion, was president. The charge having been read, The prisoner, who was dressed as a sailor, was asked by the President whether he pleaded guilty or not, and replied, in a firm voice, " Guilty.' Staff Captain William Miller, from the Cavalry Depot, Maidstone, was the prosecutor. _ _ The first witness examined was Sergeant John Penn, 17th Lancers. He knew the prisoner, who deserted from the regiment in August, 1855, when the regiment was in active service at Kadikoi. The prisoner was not seen again until he was in the guard-room at the Cavalry Depot, Maidstone. By the Prisoner—What state of mind and body was I in when I deserted? Sergeant Penn replied that he knew the prisoner to have been in hospital a day or two before he deserted, but could not say the disease he was suffering from. Sergeant William Pervis 17th Lancers, was the ° sevreant of the guard on the 10th of Ociober last at Maidstone Barracks, when the prisoner was handed over to Lim by a military escort. Captain Miller said he had no more evidence to offer. The prisoner then handed to the Court a written defence, throwing himself on the merciful consi deration of the Court. At the lime of his desertion he was labouring under an afflicted mind, in consequence of receiving a letter from his mother, giving an account of his father's death ; and being just released from hospital, he wandered about for two days, and did not like to return to his regi ment ; he therefore concealed himself on board Her Majesty's ship Colossus, and subsequently served on board as a stoker up to 1856, when the ship was taken into dock at Portsmouth. He then gave himself up to Sergeant Irish, Royal Marine Artil lery, as a deserter from the 17th Lancers. He was then placed in irons in the cockpit of the Colossus, by order of Captain Turner, and there kept in irons for 10 weeks and three days. He was released by Captain Turner, who had him up on the quarter deck and told him that he had written to the Horse Guards, and also to Colonel Benson, commanding the regiment, which was then in Ireland, and they disowned him. He was therefore set at liberty. He also served on board three others of Her Ma jesty's ships and on being paid off from the last he was sent to the Fisgard, at Woolwich, and after wards transferred to the Cumberland. Having obtained a pass to see his friends in the beginning of October last, he was going from the London-bridge station, when he was taken as a deserter from the 17th Lancers. The prisoner then called Captain Turner and put several questions to him. Captain Turner said that he was in command of Her Majes ty's ship Colossus in 1856. He did not recollect the prisoner joining that ship, neither did he recollect the prisoner being brought to him on the quarter-deck by Sergeant Irish, Marine Artillery, nor yet the circumstance of Mr. Griffin, the master-at-arms, re leasing the prisoner, and having the prisoner before him on the quarter-deck and saying that he had written to the commanding officer of the prisoner's regiment and he refused to claim him. Nor did he recollect any correspondence having been entered into on the subject of the prisoner by himself to any one. By the Court—Do you recognise the prisoner as having served on board the Colossus in 1856?—I do. By the Court—For what length of time in 1856 did the prisoner serve ? I cannot say. I know he served in that ship. By the Court—Was he a prisoner during any part of the time he was on board the Colossus P—l do not recollect. By the Court—Could the circumstances have oc curred on board the ship of which you were the commander which have been mentioned by the pri soner,--of his being delivered over to you as a de serter, and you having placed him irons, and your having written to the commanding officer of the 17 th Lancers an d h av i ng re l ease d hi m , w ith ou t w be l uo e ‘.l ' r g l t e . . . . . h ? a — cv eo T un h i i rt c eh i e r e o c p u l l m re ic s s t o t i a no n ne r c oef t s have might con fined on bo ar d your ship for t en irons and released • h your knowled out knowled ge ?—I cannot recollect. en orei i without The Court asked Captain Turner 'whether he could, on application to the Admiralty, obtain the information as alleged by the prisoner, of his having been put into irons on board the Colossus and after wards liberated, And other records concerning the THE SUN, LONDON, WEDNESDAY EVENING, NOVEMBER 6, 1861, prisoner on his surrendering as a deserter.—Pos sibly I might ; it is doubtful. Sergeant Isaac Irish, Royal Marine Artillery, was called by the prisoner. The sergeant stated that in August, 1856, he took the prisoner by order of the adjutant at Portsmouth Barracks, and deliveredhim over to the commanding officer of the Colossus, when that officer said to the prisoner, " You have made a pretty mess of it." Captain Turner sent for the master-at-arms, and the prisoner, by order of Captain Turner was put in irons. The next time he saw the prisoner was within three months. He was then in barracks at Ports mouth, dressed in the uniform of the Colossus. The prisoner told him that the commander of the ship had written to the commanding officer of his regiment, who had disowned him. The prisoner was then on leave from the ship. Patrick Foley, No. 1,452, private, 17th Lancers, said that he served with the prisoner during the camp at ICadikoi. The prisoner was in hospital two or three days before he went away. The pri soner complained of pains In the head and giddi ness. Captain Turner was recalled. The prisoner put the following question :—Do you recollect my stating the reason for giving my self up as a deserter from the 17th Lancers after my being away so long from the corps ?-1 have no re collection. By the Court—Captain Turner, do you recollect, as you were the commander of the Colossus, any ono being brought on board the ship by an escort of Royal Marine Artillery at Portsmouth as a pri soner ?—I do not recollect. By the Court—When did you leave the Colossus? —Some time in October, 1857. A gentleman from the Admiralty produced a War-office letter, dated the 19th of August, 1856, wherein it stated that the prisoner, Private Henry Warner, alias Fisher, 17th Lancers, deserted in the Crimea, and he afterwards surrendered himself as a deserter to her Majesty's ship Colossus. The com munication was made by the Secretary of State to the Admiralty to his Royal Highness the General Commanding-in-Chief, who said that he had no desire to claim him. The letter was signed "B. Hawes:' The back of the letter showed that a communication had been received from .the com mander of the Colossus on the subject of the pri soner. The. Court was then closed. The issue of this extraordinary trial will not be known until the proceedings have been laid before her Majesty. ----- POLICE INTELLIGENCE, Nov. 5. LAM BETIL--IMPORTANT IMPROVEMENT IN TILE LAW.—THE OMNIBUS AND THE TRAMWAYS. —George Phillips, the driver, and Charles Smart, the conductor of one of Mr. Ball's Brixton omni buses, No. 6,006, attended before Mr. Elliott, to answer to two summonses taken out against them by Mr. Knell, a gentleman residing in Abbey-gar dens, St. John's-wood, and charging them, the former with wanton driving, and other misbe haviour, and the latter with using insulting and abusive language, contrary to the statute. Mr. John Scard, of St. Mary-axe, attended as the attorney of Mr. Knell, the complainant, and Mr. Beard for the defendants. The present proceedings, it will be recollected, arose out of a case in which Mr. Knell had been summoned by the defendant Smart, for the refusal to pay fourpence fare by his omnibus on the day in question ; and the summons in that case was ordered to stand over to abide the present investigation. Mr. Scard having briefly stated the nature of the complaint, called Mr. Knell, who said that on Monday fortnight he got into a Brixton omnibus, of which the de fendants were the one the driver and the other the conductor, in Oxford-street, and the vehicle went on at a regular steady pace until it had reached the Westminster-road ; the driver then urged his horses on, and got before one of the tram cars then pro ceeding the same way, and, getting on the rails, did all that he could to annoy the driver of the tramway carriage. While driving, the defendant Phillips pulled up several times so quickly, that the poll of the tramway carriage had narrowly escaped running into the omnibus, and had it not been for the caution and dexterity of the tramway car driver, serious injury would have been done. Mr. Elliott—Was there any necessity for the driver of the vehicle you were in to pull up in the way you have stated ? Mr. Knell—Not at all, sir, there was plenty of room at the time on both sides of the rails for different vehicles, and therefore the act was done wilfully and wantonly. One one occasion the driver drove partly off the rails, and drove quickly on again, and had it not been that Mr. Train's man had pulled his horses on one side, a serious collision must have taken place. Considering that we must have an accident, I called out to the conductor to let me out, but he appeared so excited by chaffing the driver of the car that followed, knocking on his own vehicle and bawling out to his driver, that he did not pay any attention for two ox three times I called to him, but at last stepped at the Horns, where I got out, with four or five other persons. When I got out I at once gave the conductor my card, saying that I should bring his misconduct before the public, and therefore I should not pay him. I did not use an offensive expression to the conductor, but he used several towards me when I refused to pay him. He said he would have it out of me, and called me a scamp and no gentleman. Mr. Elliott—Had you an opportunity of seeing the driver, or observing his conduct ? Mr. Knell—No, I had not ; but being seated next to the door, I had ample opportunity of seeing the conductor, and from his knocking on the omnibus and calling out to his driver, I have no doubt he it was who egged the driver on. The witness was cross-examined at considerable length by Mr. Beard, who did notsucceed in eliciting anything favourable to his clients. Mr. Knell said he was not interested either directly or indirectly in tramways, and all he knew of them was his riding twice in the carriages on them. He denied having called the conductor a d—d scamp and a blackguard, or using any offen sive expressions towards him. Ho did not ask the number of the conductor at the time, nor had he taken any steps to bring the defendant's conduct before the public as ho threatened, until the con ductor had summoned him to this Court for his fare. _ _ Mr. Davis, a g entleman who had been a pass enger on Train's car on the occasion, and who having been in front with the driver, had a perfect opportunity of witnessing all that took place, corroborated much of the statement of Mr. Knell, and said that had it not been for the care and dexterity of the driver of the tramway carriage' a collision and serious acci dent must have resulted from the misconduct of the defendants. Police-constable, 137 L, said he was at the Horns between eleven and twelve o'clock on the day in question and saw a crowd of persons collected there in consequence of the passengers getting out of the omnibus attended by the defendants. The persons who omnibus complained of the mis conduct got out ofth o e f thedriver, andthe conductor seemed a good deal excited, but he did not hear any bad lan guage, From what took place he felt it necessary to take the number of the vehicle, as well as those of the badges of the defendants. Mr. Beard addressed the bench for some time on behalf of the defendants, and said that the real parties to the present complaint were those con nected with the tramway, which he designated as a perfect and dangerous nuisance, but one which he hoped the public:would soon get rid of, as it, as well as the parties who sanctioned it, were at present the subject of an indictment. He contended that his clients had as perfect a right to drive along the tram way as Mr. Train, and the real danger, if there had been any, was occasioned by the tramway-car keeping so close to the omnibus. In conclusion, he said that nothing would have been heard of the pre. sent proceeding if his client had not thought proper to summon Mr. Knell for the faro due from that gentleman to his master. Mr. Elliott observed that there could not be the slightest doubt from the evidence that the conduct of the defendants was most improper, and it would be well that such persons should know that in the last session of Parliament an act was passed, which came into force on the first instant—a clause from which he should read, and which stated—" Who soever, having the charge of any carriage or ve hicle shall, by wanton or furious driving or racing, or,other wilful misconduct, or by wilful neglect, no or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanour, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour," and this he hoped would check the reckless conduct of those entrusted with public vehicles. it was not for him to offer any opinion respecting the tramroad, but it was his duty to protect the public from such conduct as that of which the defendants had been evidently here guilty. The conductor, being the greater offender, must pay a penalty of 405., or 20 days, and the driver 205., or 14 days, and the summons against Mr. Knell be disharged. The penalties were paid. THAMES.—FEAEPUL CASE.—Annie Vale, a midwife, aged 39, late of No. 6, Henry-street, Limehouse-fields, near Stepney Old Church, who has been in custody since the 14th ult., was brought up on remand before Mr. Woolrych, charged with administering to Anne Horne, a noxious drug, with intent to produce abortion, whereby the life of the said Anne Horne was endangered. The prisoner's husband, Benjamin Vale, an apothecary, who received his diplonia as a licentiate • of the Apothecaries' Company in 1839, is ROW in Newgatei awaiting his trial on a charge of man slaughter, for having by his mal-treatment and the use of instruments, caused the death of a poor woman, named Eliza Garrett, of No. 9, Coventry court, Three Colt-street, Bethnal-green. The grand jury returned a true bill for manslaughter at the last Old Bailey Sessions, and his trial, on the appli catkin of counsel, was postponed. The evidence of the witnesses taken on pre vious examinations was read by Mr. Bowdler, the second clerk, and their testimony made out a strong case against the prisoner of having admi nistered a powerful and noxious drug to Anne Horne to procure abortion, in which she unfor tunately succeeded, causing frightful suffering to the patient, and nearly causing her death. Four days after the noxious drug was administered by Annie Vale, Mr. Robinson, the senior medical officer of the Stepney Union, found her in a bloodless, blanched condition, and thought she would die. Continuous hemorrhage had taken place for five days, the consequence of the powerful drug ad ministered to the unfortunate woman by the pri soner. The patient had been since kept alive by the skill and attention paid to the case by Mr. Robinson, find the use of a very nourishing diet. The poor creature is still in a weakly condition, and Mr. Robinson said if she had not been a strong, healthy woman she, would have perished. Mrs. Horne was brought to the court in a cab, and gave her evidence for the first time. She was as pale as a spectre and very languid. She stated that she had been dwelling with her husband and three children, at No. 43,Edward-street, Limchouse fields. Her husband was a labourer, and for some time past he :had very little work. On the last Thursday iu September she went to the prisoner's shop, in Henry-street, and asked her for a penny worth of pills. The prisoner elicited from her that she was in the family way, and then said that a dranght would do more good for her than pills, and would operate more quickly. The prisoner also said, poor people are fools to have so many children as they did ; if they came to me they would not have so many. The witness then related some other conversation with the prisoner, which we cannot print, but it meant in effect, that the draught she was mixing would prevent the child the prosecu trix had conceived arriving at maturity, and would restore her to the state she was in before pregnancy. The prosecutrix took the draught prepared by the prisoner in the shop. She was very ill afterwards. On Sunday, the 6th of August, she was in great pain, and the prisoner was sent for, and brought some medicine, and gave it to her in a cup. The prisoner said that will fetch it away bit by bit. Mr. Woolrych—What did you understand by that ? Witness—l believe the prisoner meant abortion, sir. Mrs. Horne then described the abortion ; the dreadful sufferings she endured, and the frightful hemorrhage that ensued after swallowing the drug. She was very ill, very weak, and felt she was dying at times. On the day after she re ceived the drug from the prisoner she sent her sister-in-law, Anne Kent, who gave evidence three weeks ago, to the prisoner's shop for some medicine. It did her no good. She had been very ill and weak ever since. The regular functions of her body were not restored. She was continually weak. Mr. Woolrych directed Mrs. Horne to leave the witness box and be seated. Anne Kent was recalled, and in answer to Mr. Woolrych said—l went on Monday, the 7th of October, to the prisoner's shop for some medicine. Mrs. Horne was then very bad. I saw Mrs. Vale, and said to her my sister-in-law is very bad. The prisoner said to Mr. Vale, her husband, " Oh, it is the young woman who miscarried. She took the cup out of my hand and gave me some medicine. It was darker than the stuff which the prisoner gave to Mrs. Horne on Sunday. Inspector Griffin, of the K division, said he took the prisoner into custody on the 14th of October, and told her she was charged with administering a noxious drug, with intent to procure abortion. The prisoner said that all she administered was a pre paration of soda and oil of cloves. The prisoner, after receiving the usual caution, entered into a long defence. About five weeks ago, on a Thursday or Friday, Mrs. Horne called upon her, and said she was suffering from head to foot, and could not hold a joint still. She also said that she had been bad above a week, and her husband had scolded her very much because she did not get some medicine. She asked Mrs. Horne why she did not come before, to which she replied that she was too poor, and could get no money, and that her husband had only work for about a day and a half every week. The prisoner described the treatment of. ,the sick woman, and denied administering noxious drugs. She asked Mrs. Horne how many children she had, to which she replied three. She then remarked to Mrs. Horne, " It is a great pity the rich don't have more children than the poor, for it is worse than starvation for the poor to have them." The depositions having been completed, Mr. Woolrych committed the prisoner for tria, at tlio next sessions of the Central Criminal Court THE NEW AGRICULTURAL HALL AT ISLINGTON. .♦---- The ceremony of laying the foundation stone of this edifice took place yesterday afternoon. It did not occupy more than ten minutes. Owing to the unfavourable state of the weather the attendance was not so numerous as it would, no doubt, other wise have been, though it included some of the leading members of the Smithfield Club. The stone was laid with the usual formalities by Lord Ber ners, to whom an address waspresented by the pro moters of the undertaking, and who made a few congratulatory remarks in reply. We believe that the project thus quietly inaugurated owes its exist ence to a growing conviction that the Christmas show of the Smithfield Club has outgrown the space and accommodation of the Baker-street Bazaar. It was at one time proposed that the new hall should be erected by the club itself, but on second thoughts the members of that body came to the conclusion that it ought not to enter into any building specu lation. Under these circumstances, early in the spring of last year, a number of gentlemen who, either as breeders or exhibitors of stock, or as manu facturers of agricultural implements, are deeply in terested in the prosperity of the club, formed them selves into a company for the purpose of providing a suitable building for the Christmas shows. They elected Mr. Jonas IVebb as their chairman, issued a prospectus explaining their intentions, and invited subscriptions for a capital of £30,000. Since that time all the shares have been taken up, a conveni site has been chosen, and in less than 12 months the building will be ready to receive a greater multi tude of visitors and a larger collection of stock and implements than have ever been accommodated in any country at a winter show. It will be a plain, but not ungainly edifice, composed chiefly of brick, iron, and glass. The principal front will be in Liverpool-road, and its most striking features will be two towers, one on either side, each 95 feet in height. The spacebetween will be partially occupied by the spring of the roof, the arch being filled in with wrought-iron foliage and glass. On one side of the main entrance there will be a police-office and a parcel and cloak room; on the other side there will bo an inquiry -office, a post-office, and a telegraph office. The body of the building will be fitted up for the exhibition of cattle. A space of 384 feet in length and 217 feet in width will be covered by an arched roof of iron and glass, and will be sur rounded by a gallery 36 feet in breadth, supported by iron columns 24 feet apart. The span of the roof will be no less than 130 feet. Behind the cattle show there will be a place for the exhibition of pigs. This division will be 100 feet square, and will have a ridge and furrow roof of wrought iron. Ample provision will be made for light ing and ventilation ; for, in, addition to the glass in the roof, the walls will be pierced by numerous windows. The plans also include first and second class refreshment-rooms ; in short, no pains will be spared to promote the comfort of visitors. The entire length of the building will be 500 feet ; breadth, 220 feet; superficial area, 110,000 feet. The architects aro Messrs. Peck and Stephens, of Maidstone ; and the builders are Messrs. Hill, Ked dell, and Robinson. The cost of the edifice is esti mated at £25,000, exclusive of the site. A MYSTERIOUS RING .—The London correspon dent of the Belfast News Letter tells this story : —On Tues day a well-known auctioneer of Bond-street submitted for sale, by auction, a quantity of miscellaneous property, " received from the country." The sale included a library of books, somo costly furniture, a quantity of plate, and several articles of personal jewellery. The effects were evi dently of a very superior description, and must have be longed to persons of some social position. Among the lots was a ring, described in the catalogue as ccan ancient gold ring, set with diamonds." The upper part of the ring was oblong in form, and the diamonds were set in a hard ena melled substance, made to represent emerald. Tho intrin sic value was said to be about £l2 or £l3. Several persons present bid for the ring until the price went up to £l5, when two gentlemen were observed to bid against each other with great pertinacity until it rea ched 170 guineas. The secret history of the ring did not transpire, name of the and the auctioneer very properly declined to give the owners of the property. BENSON'S WATCHES AND CLOCKS..—" Perfection of mechanism."-31orning Post. Gold watches, 5 to ICO guineas; silver watches, 2 to co guineas. Benson's new Illustrated Pamphla, free for two stamps, descriptive of every construc tion of watch, enables persons in any part of the world to select with the greatest certainty the watch best adapted to their use. Watches sent free and safe by post on receipt of a remittance. —J. W. BensOn, 33 and 34, Ludgate-hill, 40 and 47, Ciankill, L9ndon, E.C. _ ZstaPlielled 1749. FBO2I TILE GAZETTE OF LAST EVENING. CITY OF CARLISLE. The Gazette contains the Speaker's warrant for issuing a new writ for the electing of a member to serve in Parlia ment for the city of Carlisle iu the room of Sir J. Graham, Bart., deceased. WAR-OFFICE, PALL-:MALL, Nov. 5. 3d Regiment of Dragoon Guards— Cornet Francis Anthony Strickland Mannock to be Lieutenant, by purchase, vice Nathaniel Gould, who retires ; Charles Henry Collette, Gent., to be Cornet, by purchase, vice Mannock. 17th Lancers—Cornet Geoi go Rosser to be Lieutenant, by purchase, vice Young, whose promotion, by purchase, on the 23d July, 1861, has been cancelled. Royal Engineers—Second Captain Charles John Fowler to be Captain, vice Frederick Henry Rich, seconded; Lieut. Charles Anne Law do Montmorency to be 2d Cap tain, vice Fowler. 4th Regiment of Foot—Captain Augustus Edward Henry Ansel' to be Major, by purchase, vice Brevet•Lieut.-Col. George Henry Tyler, who at:cos ; Lieut. Daniel Geran Clery to be Captain by purchase, vice Anson; Ensign Francis Robert Sandyss to bo Lieutenant, by purchase, vice Clery. sth. Foot—Staff Assistant-Surgeon Charles Henry Leet, to be Assistant-Surgeon, vice Thomas Ravenscroft Whitty, who exchanges, 6th Foot—Captain St. Andrew B. St. John, from the 10th Foot, to be Captain, vice John Grahame, who exchanges. Bth Foot—John Barton Sterling, Gent., to bo Ensign, by purchase, vice John George Brown, who retires. 10th Foot—Captain John Grahame, from 6th Foot, to be Captain, vice St. Andrew B. St. John, who exchanges. 11th Foot—Lieut. Roper Dacry Tyler, to be Instructor of Musketry, vice Capt. F. T. Lyster, who resigns that ap pointment. 13th Foot—Lieut. George Hibbort Anchitel Kinloch, from the 2d West India Regiment, to be Lieutenant, vice Ed - ward Bolger, who retires upon half pay. 19th Foot—Lieut. Samuel Gordon M'Dakin, from the 42d Foat, to be Lieutenant, vice Duncan Campbell Affieck, who exchanges; Ensign Robert Gayer Traill to be Lieu tenant, by purchase, vice Dickinson, whose promotion, by purchase, on Aug. 23, lti6l, has been cancelled; Lill wall Scott Powell, Gent., to be Ensign, without purchase, vice Traill. 26th Foot—Major Shurlock Henning, from the 88th Foot, to be Major, vice Wm. Thos. Betts, who exchanges. 32d Foot—Lieut. Henry Sparke Stebb to be Captain, with out purchase, vice Brevet-Major Wm. Ruddman, who retires upon full pay ; Ensign Walter Philip Walsh° to bo Lieutenant, without purchase, vice Stabb; Lieut. Cornelius Francis Clary to be Adjutant, vice Lieut. Stabb. promoted. 33d Foot—Ensign Rowland Hill Fawcett to be Lieutenant, by purchase, vice Arthur Marmaduke Peter Browne, who retires ; Charles Malan Tubbs, Gent,, to be Ensign, by purchase, vice Fawcett. • 42d Foot—Lieutenant Duncan Campbell Aftleck, from the .19th Foot, to be Lieutenant, vice Samuel Gordon M'Dakin, who exchanges. 67th Foot—James Heydon Archibald Rutticdge, Gent„ to be Ensign, by purchase, vice George Charles Henry Holmes, who retires. 88th Foot—Major Wm. Thomas Betts, from the 26th Foot, to be Major, vice Shurlock Henning, who exchanges. 90th Foot—Captain Arthur George Evelyn Morley, from half Tay, late 43d Foot, to be Captain, vice Wm. Knight, who retires upon half-pay. 93d Foot—Ensiga, Robert Wm. Thew Gordon, to be Lieu tenant, by purchase, vice Charles Dennis Potts, who retires ; Charles Wm. Selby Lowndcs, Gent., to be En sign, by purchme, vice Gordon. 96th Foot—Lieutenant James Morrison Kirkwood, to be Captain, by purchase, vice Walter Barnes Pugh, who retires; Ensign Justinian Henry Strong, to be Lieu tenant, by purchase, vice Kirkwood ; Gentleman Cadet Arthur George Hay Church, from the Royal Military College, to be Ensign, by purchase, vice Strong. 3d West India Regiment—Ensign Arthur Howard Southey, from the 28th Foot, to be Lieutenant, by purchase, vice Sykes, who has retired. Royal Newfoundland Companies—Chas. Coghlan Smyth, Gent., to be Ensign, without purchase, vice Cavanagh, promoted. Gold Coast Artillery Corps—Lieut. Edwin Hewett to be Captain, without purchase, vice Edward Nathaniel Robt. Gatehouse, deceased ; Ensign Francis Charles Gavegan to be Lieutenant, without purchase, vice Hewett. UNATTACHED — Capt. and Brevet-Major Samuel Burges Lamb, from the 10th Foot, to be Major, without purchase. MEDICAL DEPARTMENT. Assistant. Surgeon Thomas Ravonscroft Whitty, from the sth Foot, to be Staff.. Assistant •Surgeon, vice Chas. Henry Ileet,who exchanges. BREVET—Captain and Brevet-Major William Rudman, retired full-pay 32d Foot, to have the honorary rank of Lieutenant-Colonel. BANKRUPI S. _ Samuel Day and Joseph Thomas Thackray, plumbers, Fenton, Staffordshire. William Burgess, grocer, Hanley, Staffordshire. William Smith, jun.., grocer, Longton, Staffordshire. Charles Davis, upholsterer, Bath. Nicholas Lomas Riorns, stationer, Exmouth. Henry Johns, shoe deafer, Camborne, Cornwall. John Neale, druggist, Voneaster. John Bennett, builder, Everton, Liverpool. Charles Smith. commission merchant, Liverpool. William Cosby, plumber, Manchester. • Thomas Brown, woollen warehouszsman, Manchester. Henry Seholefleld, merchant, South Shields. John Evans, provision dealer, Hulme. John Coulter, boot maker, Salford. Jonathan Cox, commission agent, Higher Broughton. James Fester Wilkinson, commission traveller, Ilultue. Benjamin Swift, salesman, Cheatham. John Forbes Hopwood, book-keeper, Hulme. Josev.h Kelly, journeyman joiner, Hulme. William Barnes, provision dealer, Newton, Lancashire. James Reeves, licensed victualler, Willenhall, Stafford Joseph Lovegrove, yr., spirit merchant, Wolverhampton. John Lewis, ale dealer, Bushbury, Stafford. John Starling Day, surgeon, Brentwood, Essex. John Peter Bibb, inspector of railway police, Lancaster. William Fletcher, late of Liverpool. Isaac Fish, clerk, Rutland-street, South Lambeth. Wm. Foster Smith, hosier, Coventry-street, Haymarket. Solomon Davis, corn dealer, St. George's-street, St. George-in-the-East. James George Pickering, gentleman, Dalston. Thomas Barker, tailor, Station-road, Reigate. Francis Hewer, butcher, Hereford. Stephen Nicholson, solicitor, Leeds. Christopher Smith, commission agent, Huddersfield: Henry Wostenholm, cutlery manufacturer, Sheffield. Luke Frith Bingham, auctioneer, Bakowell, Derbyshire. Wm. Wood, butcher, Leeds. John Chappell, mungo manufacturer, Ilorbury, York shire. Thomas Austwick, farmer, Monk Fryston, Yorkshire. John Henry Welchman, general agent, late of Upper Stamford-street, Surrey. Robert Eden Hope, oil merchant, Mark-lane, City. Richard Deacon Dodge, commercialtraveller, Southwark Charles Itoe, schoolmaster, Roydon, Essex. Charles Cowdery, licensed victualler,; Bloomsbury, James Moss Sperling, late or The Grove, Clapham. William Babington, provision dealer, Lower Walton, Lancashire. . Robert Kelly, grocer, Liverpool. Walter Lepard Crockford, milliner and laceman, Bir mingham. John Smith, farmer, Longworth, Lancashire. RI win Bendall, carrier, Blaisdon, Gloucestershire. Thomas Henry Bates, coal dealer, Walsall. Richard Hall, builder, Walsall. Isaac Lewis, baker, 3, Langdon-place, Camberwell. John George, baker, 2, Providence-buildings, New Kent road. George Richards, licensed victualler, Billingsgate market. William Stoten, baker, 18, 13aekchurch-lane, St. George in-the-East. Charles Williams Brown, clerk, 14, Morden-grove, Lewisham-road, Greenwich. Phillip Bastard Peek, commercial traveller, 100, Drum mond-street, St. Pancras. William Kennedy, bricklayer, Lancaster. William Wade, baker, Wickham Market, Suffolk. Thomas Ridgway Coles, printer, Brighton. Morris Goddard, greengrocer, Brighton. Edward Ilea' es, shipwright, Dovonport. William Jessup, blacksmith and grocer, Ryarsh, Kent. John Ladd, builder, Turner's-road, Limehouse. James Sutherland Menzies, private tutor, Kilburn, Mid dlesex. Samuel Shiekell, licensed victualler, Blackman 'street, Southwaik. Henry Mort Feist, newspaper reporter, Cleveland Cot tage, Sutton, Surrey. Bernhard Behrenz, brush manufacturer, Southampton street, Camberwell. John Henry Gibbons, chemist, Cheshatn, Bucks. Henry Tuson, printer, Cottage-place, Salmon-lane, Lime house. Christopher Storry, mess master, Winchester. Ercole Mecath, professor of singing, Brighton. Henry Adeano and William Baker. iron bedstead makers, Stanhope. street, Hampstead-road. William George Bartlett Harbord, ship chandler, Tooley-street, Southwark. Charlay Wray Lewis, barrister-at-law, Barnes-terrace, Barnes, Surrey. _ James Scraggs, draper, High-street, Watford, Hertford- shire. Samuel Francis Hooper, commission agent, Bernard street, St. George's, Bloomsbury. William Henry hapman, livery-stable-keeper, Garway road, Westbourne- grove. George Green, upholsterer, Hertford, Hertfordshire. William Simmonds,builder, Little Peter's-street, West minster. Henry Albert Ball , dairyman, Brixton-road, Surrey. William Wnett, 14, Chapel-place, Cavendish-square. Michael Duffy, beer-house keeper, 73, Wapping-wall, Shad well. Henry Nodes, undertaker, Robert-street, Chelsea. Alexander Cohen, marine store dealer, Now-street ) Gravel- yard, Houndsditch. James llolroyd, warehouseman, Basinghall-street, City. o Th oma s Benham, baker, Brighton-road, Aldershott. Edward Davies, boot maker, Townshend-road, Sr tt -John'sp , c Wood. Henry Garrett, attorney's clerk, Upper Gray's-mn-read. SCOTCH BANKRUPTS. John Scott ani Sons, shipbuilders, Greenock. William Forrest, grocer, Brokley, Lanarkshire. Patrick Durnan, boot maker, Glasgow. William Young, builder, near Elgin. [ADVERTISEMENT.]-11olloway's Ointment and Pills.— Chest Preservatives.—As the termination of each year ap proaches the rate of mortality from diseases of the lungs in creases week by week. Holloway's ointment, well rubbed upon the chest, aided by hi:spills, arrests all mischief. These cleansing medicaments exercise the most salutary and res torative influence over the entire contents of the pectoral cavity. Air tubes, nerves, bloodvessels, and all other tis sues feel their wholesomely potent power, more particularly in their thoroughly purifying both venous and arterial blood by promoting the free circulation of air. Neither ointment or pills contain any vicious ingredient whatever ; but their balsamic nature nourish rather than irritate the system, and kindly aubdup all untoward symptoms till all is wel} O n ce PAM LOSS OF THE BRIGANTINE EMILY, OF CORK.-OFFICIAL REPORT. TO THE RIGHT HON. THE LORDS OP THE COMMITTEE Or PRIVY COUNCIL FOR TRADE. My Lords,—ln compliance with your lordships' commands, communicated to me by Mr, O'Dowd, the solicitor for the Merchant Shipping Department of the Customs, I have, in conjunction with Inspecting Commander Thomas Goss, of the Queenstown Coastguard Division (Nautical Assessor) made inquiry into the circumstances attending the recent lost of the brigantine Emily, of this port, and have the honour to submit the following as my report of the circumstances, and my opinion thereon :—Tho Emily was an American built vessel, and registered as of the port of Cork, in 1859, in the name of Mr. George Howe, and commanded by Mr. Timothy Bease, who holds a certificate of competency, Nu 12,885. She proceeded from Cork on the 20th August, on. a voyage to Miramichi, under command of Captain Bease, with a crew of five able seamen and one boy. Sh e carried neither cargo nor passengers, but had on board 90 tons of ballast, which, adverting to the fact of her total register tonnage being only :150, may be considered an adequate quantity. The weather during the early part of the voyage was variable, but not unfavourable. On the 14th of Sept., however, it began to blow freshly from the westward, and the first casualty then occurred—viz., the breaking and working of the cap of the mast—increasing in violence until the 24th, when the ship had proceeded on her voyage as far as fat 47 3, and long 3G 55. She then appears to have laboured heavily, drifting in the course of the two following days about 50 miles to leeward. Deeming it impossible to pursue the voyage to America at that advanced period of the year, and the more especially as the vessel was leaky, they made the Fastnet Rock, bearing E.S.E. seven miles distant, the wind then getting round to the south, with every appearance of a bad night. Failing to weather the Fastnet, they bore up for Berehaven, and rounded the Roancarrig Light to the eastward at 11 30 p.m., passing be tween Itoanc,arrig, and in close contiguity to it. This is not the passage which a prudent seaman should have chosen. The passage recommended by the sailing directions being north-westerly of Roancarrig Island, the latter would have been a safe and direct course to the anchorage. After rounding Roancarrig Light, they hauled up •on the pert tack under single-reefed topsail and mainsail, standing towards main land. As they approached the Haven the wind veered to the westward, which broke the ship off when within, about two cables' long th of the mainland. They then put the helm down to throw the vessel on the other tack, but finding that she would not stay, and there not being suffi cient room to -wear her, they hauled the jib down, let go the port anchor, which brought her head to wind, and veered out:3o fathoms of cable, tile wind still blowing strong from the S.W. The anchor was, .however, brought home, and the vessel's stern touched upon the rock, or the mainland, hav ing then 4ft. of water in the hold. Obtained the assistance of two shore boats and 14 men, and carried out a stream an chor and 5-inch hawser, which hove the vessel off the rock ; but owing to the heavy strain, the hawser parted, and she went broadside on the rocks, where she bilged, broke her keel, stern post, and stern frame, unshipped her rudder, filled with water, and became a total wreck. It appears in evidence that the lead, instead of being ready for use, was stowed away in a locker below, and that on way to Bern haven, though the master was not; acquainted with the lo cality, and the night very dark, the• lead was not used. It also appears in evidence that the only chart on board the vessel was Norie's General Chart of the English Channel —altogether on too small a scale tos show the master any of the difficulties he was approaching. It may also be added, that the chart was so old and obliterated as to render it im possible to distinguish the rocks in the vicinity of Roan carr•ig. It also appears that the master was ignorant of the safe anchorage which he would have found in the har bour of Crookhaven, after passing the. Fastnet. Under all the circumstances, I regret to have to report to your lord ships as my opinion that the loss olf the Emily is attri butable to the default of Captain Besse, either in not hav ing gone into Crookhaven, or omittitig to do so; in not having taken the approved established passage between Roancarrig and Bore Island; as also for not having used. his lead, as he ought to hayed one under the circumstances. Several testimonials having been produced in favour of his antecedent character, and it appearing that he and his crew suffered great bodily exhaustion prior to the oc currence of the wreck, I submit as my opinion that tho case is one in which your lordships might deem it expedient to adopt a lenient course. I have, &c., EDWARD ORME. I concur with Edward Orme, Esq., R.M., in the fore going report. THOMAS Goss, COM. R.N., Inspecting Commander Queenstown Division. Cork, Oct. 29, 1861. • COUN2.RY MARKETS. BRISTOL—Nov. 5. -- - - - Our market this morning was fairly attended, and the wheat was in good inquiry. Both new and old samples of fine:quality brought fully late prices. LEEDS—Nov. 5. We have had a good show of grain to-day, and but a very moderato attendance. .A...limited business was done in wheat of fine quality at an advance of is per qr upon last week's currencies. Fine barley is lower. Oats and beans at fully late rates. NEWCASTLE-UNDER-LYNE—Nov. 5. At this corn market there was a fair supply of wheat, which met a fair demand ; prices were about the same as the previous week—white making 58s to 665, red 48s to 575. The demand for barley was pretty good, and the same in value. Oats were in fair show, with a steady sale, from 24s to 32s per 24 stone. Beans scarce, and held at extreme rates, from 465.t0 50a per qr. MELTON MOWBRAY—Nov. 5. -- - There was a less show of wheat to-day, and with ra ther more life in the trade, prices were is per qr higher for the best sorts. Barley rather lower. White wheat, 55s Od to 60s Od; red, Us Od to 57s per 36 stone; beans firm, at 46s to 50s for old ; new sorts, —s per 38 st. ; barley, 3653t0 42s for malting, and 30s to 33s per qr. for grinding; oats, 26s to 35s Od per 24 stone. LYNN—Ocr. 14. Old white 59s to 62s I ss s -to 583 Barley. 36s to 40s I 0at5....... Beans .42s to 46s Peas 4Ss to 54s NORWICH CATTLE. The show of store cattle to-day was unusually large, con sisting of Scots, shorthorns, and Irish. A tolerably fair attendance of buyers. Sales were rather inactive, and quotations were much the same. At the close one-half re mained unsold. Scots, 4s 6d to 5s 6d ; shorthorns, 4s 6d to ss; Irish, 3s 6d to 4s Od ; Doyens, 4s to 4s Gd (estimated weight when fat). Fat beasts a small show and sales brisk, at 8s Od to 8s 6d per 141 b. Sheep—There was a better supply of sheep in the pens and a dull sale, Fat sheep, Os Od to Os Gd per stone; prime, 013 Od., and all sold. Pigs—A fair supply. Store pigs, IGs to 20s ; fat pork, 7s Gd to 8s Od per stone. 1"01?E'IGN MAIL PACKET LIST. MAILS DUE. Australia and Mauritius, via Southampton• Nov, 18. via Marseilles Nov. 12. Brazil and Cape Verds, by British packet. Nov. 4. Cape of Good Hope, Ascension, and St. llelena Dec. 2. China, Penang, and Singapore, via Southampton Nov. 2. via Marseilles Nov. 12. Falkland Islands Gibraltar, via Southampton Nov. 12. India (Calcutta), and Ceylon, via Southampton Nov. 2. via Marseilles. Nov. 2. India (Bombay), via Southampton ... Nov. 10. via Marseilles Lisbon .. Nov 1. Malta, Egypt, and Adcn, via Southampton. Nov. 2. via Marseilles .. Nov. 4. Newfoundland Oporto and Vigo U. S. and British N. America, by Brit. packet Nov. 7: by U.S. packet by Canadian packet Nov. 6 . W.C. of Africa, Madeira, and Teneriffe Nov. 10. N ov. N Bahamas, via New York ........ . Nov. 221. .....8. Mexico All parts of West Indies, including cidijie", Nov. 13. California,and British Columbia..... --..... BIRTHS. CLIFFORD.—On the 3,1 inst., at Farnham, Surrey, the lion. Mrs. Henry Hugh Clifford, of a daughter. - GRANT. —On the 4th inst., at Balharu, Surrey, the wife of Lieut.-Col. W. D. Grant, of a son. JENNER.—On the Ist inst., at 13, Lowndes-street, the wife of Edward F. Jenner, of a son. PONSONBY.—On the 3d inst., at 8, Grafton-street, the Hon. Mrs. Spencer Ponsonby, of a daughter. ROMAINE.—On the 31st ult., at 21, New-street, Spring gardens, the wife of G. W. Romaine, Esq., C. 13., Secre tary to the Admiralty, of a son. MARRIAGES. ONVEN—PunsER,—OnTho 3lst ult., at All Saints', Clap , ham -park, Francis Owen, Esq., of Loatherhead, to Fanny Eliza, eldest daughter of Edward Purser, Esq., of Clap ham-park. TALFOURD—TOWNE.-011 the sth inst., at St. Dunstan's, Fleet-street, Francis, eldest son of the late lion. Mr. Justice Talfourd, D.C.L., to Frances Louisa Morgan, second daughter of Josiah Towner, Esq., solicitor, Mar. gate, Kent. DEATHS. BRUCE.—On the 4th inst., at Bognor, Sussex, while on a visit to his son, Michael Bruce, Esq., of 74, Lower Gros venor-street, Grosvenor-square. CRADOCK.—On the 4th inst., at 29, Cloudesley-terrace, Islington, Charles Cradock, Esq., aged 71. CA.LEY.—On the 2d inst., at Clifton, the Rev. Robert L. Caley l precentor of Bristol, and vicar of A.ll Saints, aged 51. COOKE.—On the 4th Aug., at Woosung , China, Comman der John Murray Cooke, R N., H.M.S. Sintoom, son of the late Rev. Wm. Cooke, vicar of Broomyard, Here fordshire. HANCORN.—At 22, White Lion-street, Spital- square, Jas. Richard Hancorn, Esq., M.D , aged 53. HomtN.—Oil the 4th inst., at 4, Hanover-terrace, Peckham, W. F. Horn, Es 1., root., the Provincial Bank a Ireland, London. WlLsx.—On the 28th ult., at Stanton Harcou r t , Oxford shire, Percival Walsh, Esq., aged 85. LO Printed and Published by MURD O YOUNG, of No.Nthll:2, strand, Printer, at TIIE SUN Ofilee, No. 112,Strand, in e P r ecinct of the Savoy. In th e C ounty of MildleEex, We n du sd a Y, November 6, 1861,