The Sun. — London, England, 1856-07-07 00:00:00

tr ition t SUN OFFICE, Ser.sa 0' Clock. TATTERSALL'S.—(This Evening.) LIVERPOOL CUP. sto 2 agst Typee (taken) 7 to 1 agst Goldhill (taken) 8 to 1 agst Marchioness (taken) 12 to 1 agst Brother to Grey Tommy (taken) 12 to 1 agst Lady Tat.ton 100 to 7 agst Early Bird 100 to 5 agst Tom Thumb (taken) GOODWOOD STASES. 10 to 1 agst Zeta (taken and offered) 10 to 1 agst Bandalore (taken and offered) 20 to l'agst Libellist (offered) GOODWOOD CUP. 4to 1 agst Yellow Jack (taken and offered) 4to 1 agst Fisherman (offered) 6to 1 agst Monarque (taken) Bto 1 abet Muscovite (taken) 20 to 1 agst Nettle (taken) ST. LEGER. 4to 1 agst Ellin ton (taken) 10 to 1 agst Fly-by-Night (taken) D ERBY. 25 'to 1 agst Bel Oiseau (taken) 25 to 1 agst Sprig of Shillelah (taken) 25 to 1 agst Zuyder Zee (taken) 30 to 1 agst Schiedam (taken) 50 to 1 apt Lsnsdown (taken) 2000 to 300 agst Bel Oiseau, Bird in Hand, and Colonist (taken) STOURBRIDGE RACES.—(This Day.) (BY ELECTRIC TELEGRAPH.) PRESTWOOD STAKES. Indian Queen . Van Dunck Era filly . , Eight ran. STOURBRIDGE STAKES. Golan' .. Timothens Seven ran. IMPERIAL PARLIAMENT. HOUSE OF LORDS--(This Evening.) The LORD CHANCELLOR took his seat on the woolsack at 5 o'clock. ROYAL COMMISSION. The Royal assent was given by Commission to the following bills Industrial and Provident Societies ; Seamen's Savings Bank Annuities Redemption ; Stock in Trade Exemption ; Luton, Dunstable, and Welwyn junction Railway ; London, Tilbury, and Southend Railway (Extension and - Branches) ; Middlesborough Improvement ; Tormohaui Water ; Yarmouth and Haddiscoe Railway ; Scottish Drainage and Improve ment Co. ; Lymington Railway ; Borough and Eamont Bridge Road, Donington Turnpike Trust, Claycross Water, Sittingbourne and Sheerness Railway, Leeds Water, Eastern Union Railway, Bawtry and Tinsley Road, Godley Lane Road, and Shipton s Disabilities Removal. The Royal Conimis , ionerl were the Lnrd Chancellor, the Marquis of Breadalbaue, and the Duke of Argyll. PRIVATE BUSINESS. On the motion of L,r,i REDESDALE, the following bills were read a second time :—lsle of Wight Steam Bridge and Approaches Metropolitan Railway ; Wave nay Valley Railway ; East Indian Railway Company ; Severn Navigation Itriproiement Commission ; Cleohury North, 8c,:: , District Roads ; Dorset Central Railway ; Wimbledon and Croydon Railway ; Stirling and Dun fermline Railway ; Duriblane, Doune, .and Callandar Railway ; Rhosydd Railway ; Conway and Llandudno Road. On the motion of the same noble lord the following were severally read a third time and passed :—WeA London and Crystal Palace Railway, Bagenalstown and Wexford Railway, London Printing, and Publishing Company Bill (Amendment..) NAWAB OF SURXT BILL. Lord LYNDHURST asked whether the law officers of the Crown had been consulted as to their opinion of the construction of the treaty entered into with the East India Company and the late Nawab of Surar, and if so, whether the Government would have auy objection to lay a copy of the opinion on the table ? Toe Duke of ARGYLL said he was not aware of any formal question having been put to the law officers of the Crown by her Majesty': Government as to the construction of that treaty. He was therefore unable to say what their opinion was on the subject. On the order of the day for the second reading of this bill, The EFtrl of ELLENDOROUGH asked whether the Government were prepared to give the assent of the Crown to the secan(' reading of this bill, which would affect the revenues of the Crown, inasmuch as the com pany were only the trustees fcr the Crown in the man - agement of the affairs of India. The Duke of ARGYLL said, he was not prepared to cive the assent of the Crown to this bill. The Marquis of CLANRICARDE then rose, and moved the second reading of the bill. He contended that it was founded on justice, and that the heirs of the Nawab were clearly entitled to a continuance of the payment of the money which the treaty secured to them. (LEFT SPEAKING.) HOUSE OF COMMONS—(This Eve4ing.) The SrEAKER took the chair at the usual hoar. • PRIVATE BUSINESS. " The Lords' amendments to the folloWing bills were considered and agroed :—E Unipargh Water ; F.,psore and Leatherhead - Riirway ; Sadsbury Market Branch Railway and Market Elonsc ; Stockton and Darlingtcu and Newcastle and C.;rlisle 'Union Railway ; Swansea Vale Railway. Ball's Estate Bill was read a second tim; and pasSed . Civil Service Superannuation Fund, which was received and ordered to be laid on the table. THE TERMAGENT. In answer to a question from Admiral WALCOTT, Sir CHAS. WOOD said that the yellow fever had broken out on board the Termagent,ou the West Indian Station, but not in a malignant form. The vessel had been sent to the northward, which was considered a spe cific against the further spread of the fever. THE RETURN OF THE GUARDS. In reply to a question from Major BARING, Lord PALMERSTON said, the Guards, on their en try on Wednesday into London on their return from the Crimea, would march from the railway station to Char ing-cross, along Pall-mall, in at the gate near the Ger man chapel, and inaugurate, as it were, the opening of the road through the park to the public ; pass in front of Buckingham Palace and up Constitution Hill to Hyde Park. He was unable to say at what hour the Guards would enter London, but it would be early in the day. The details were arranged by the Quarter master-General, but the , Government was answerable for them. / THE AFFAIRS OF ITALY. Lord J. RUSSELL said it was desirable that the house on an early day should be informed of what had been done by foreign Governments with regard to Ita lian affairs. (Cheers.) He should therefore move on Fri day or Monday next for copies of the correspondence between foreign Governments on this question, be cause it was desirable the house should know if any fruits might be expected from the declaration made at the late Conference at Paris. MEDICAL PROFESSION BILL. Mr. COWPER stated that be intended to abandon this bill for the present session. THE VACCINATION BILL. Mr. COWPER said it was his intention to pro ceed with this bill at whatever hour it might come on in order. WAYS AND MEANS. The CHANCELLOR of the EXCHEQUER brought p the report on Ways and Means. Sir H. WILLOUGHBY took objections to it, but it was ultimately agreed to. [LEFT SITTING.] BEDFORD CHARITY. Mr. IV EITTBREAD present-41 a petition from the trustees of the EAford Charity, under their common seal, complaining of the very heavy charges entailed upon their charity funds, owing to the unnecessary pro moting. of two hills in Parliament which were never pa.ssed into law by the Attorney- General. The petition was read at length at the table. The ATTORNEY-GENERAL said in explanation that the bill s a ll uded to w ere not actual l y brought in by himself, but by the trustees of the charity, and were read a second time. On the recommendation of Sir Page Wood the bills were withdrawn, in consequence of a compromise. All he had done in the matter was to carry out the orders of the Court of Chancery. Sir J. DUKE, in the absence of the Hon. Stuart Wortley. begged to ask the Secretary of State for the Home Department whether the Government would as sist the Corporation of the City of London in passing a bill, during the present session, to extend the right of voting in the election of aldermen and members of the Common Council to all occupiers within the city who were oa the Parliamentary register Sir G. GREY said he bad received a copy of the bill, but alit was limited in its operation it would have to he totrovlticad and Proceeded with as a private bill. The standing orders of the house would prevent such a course at this late period of the session, but if the diffizulty with respect to these orders were surmounted he should have no objection to the laying the bill on the table, but he should object to proceeding with the measure at this late period of the session. MR. JAMES SADLEIR. Mr. MOORE asked the Attor ney-General General for Ireland whether it was tru e th a t Mr. J ames Sadl eir had been having b permitted to leave I re l an d w i t h out havi eenararrersetstleujd and whether any step s h a d b een taken for the prosecution of the said James Sadleir by her Majesty's Government ? The ATTORNEY-GENERAL for IRELAND said is had spoken fully upon this su bj ect on a previous occasion. The hon. gentleman then proceeded to allude to the observations made by the Master of the Rolls in Ireland respecting steps not being taken against certain parties as participators in the frauds committed by Mr. John Sadleir. In consequence of those ()beer. vations he had been to Ireland, and there he could find nothing to assist him in his endeavours to carry out a prosecution. The most active steps had been taken both in this country and in Ireland for the apprehension of Mr. James Sadleir. With respect to the latter part of the question he begged to say that if it was intended to convey an idea that the Government had permitted Jas. Sadleir to escape, thatdie would simply say wasnotafact. Warrants had been issued for the apprehension of Sad leir, and most active steps were at the present moment being taken to prevent his eluding justice. CLQCK TOWER DEVICE —HOUSES OF PAR- IiAMENT. Lord P. GROSVENOR, amidst much laughter, asked th e Chi ef Commiss i oner o f Works, whether it was too late to Aubstitute a weathercock for the device now placed on t h e summit of the Cl oc k Tower, and complained that the only weathercock in the neighbour hood was that a t St. James's Palace ? Sir B. HALL said that in coming down to the house be saw plenty of w eathercocks—(laiiglater)—and he hail no doubt the noble lord could find many weathercocks on both sides of the house. (Renewed laughter.) Mr. PULKAN, the Deputy Usher of B'ack Rod, summoned the Speaker and the members of the house to the Howie of Lords, to hear tho Royal assent given by commission to various bills (for which see Lords' report). MILITIA COLONELS. Colonel FRENCH moved for an address for return of the names of colonels of militia in Gteat Britain and Ireland, appointed since the 30th day of March, 1853, who had received pay during the time their regiments had been embodied.—Agreed to. CIVIL SERVICE SUPERANNUATION FUND. The CHANCELLOR of the EXCHEQUER brought up the report of the select committee in a•eference to the LAW INTELLIGENCE.—(This Day.) COURT OF COMMON PLEAS. SMITH V. WOODFINE.-BREACH OF PROMISE. The hearing of this case was resumed this morning. It will be seen from our report of the proceedings on Saturday, that the cross-examination of Mr. H. A. Smith, the plaintiff's father, occupied the Court until it rose. The firdt, witness called this morning was Mr. Matthews, who deposed to the defendant's calling on Mr. Smith, and that at the defendant's interview with the plaintiff he overheard the defendant say to the plaintiff that if "she would live in a house in the village, be married in private, without any of her friends, be cause his mother could not forget the insult she bad received, and consent that her father and none of her friends or relations should cross his threshold aftar their marriage,—if she would consent to that, his mother would forgive her, and he would marry her." She re plied, "low can I after this," and the door was then shut, the defendant saying, "There he is again," mean ing, he supposed, Mr. Smith. The plaintiff was as good a temper as one could wish. Cross-examined—ln the course of the conversation, when defendant complained of his plaintiff's remark on his mother's temper, he did not recollect if the defendan also complained at the plaintiff saying " he was only Miss Jones's leavings, that she did not care for him, and that she would try and do her duty, and that was all lie was to expnt." He had never heard that the Phil lipses were objected to by the plaintiff as being unfit to associate with her friends, because they were trades people. He did riot recollect that defendant said to the plaintiff, when he overheard the conversation, he " wished them to be married privately after what had occurred," and as to her refusal thin being a substantial refusal, and marrying him was a matter of opinion. At the interview between witness, defendant, and his mother, at the latter's residence, he did not recollect that defendant said "he had asked the plaintiff to give him a kiss and make it up ;" and that she said, "Certainly not, for after our marriage they will say I have only had Miss Jones's leavings after all." (Laughter.) Witness had never seen any reluctance on the plaintiff's part to aff , rd the defendant that lover's privilege. (Renewed laughter.) A number of letters written by the defendant\to the plaintiff were put in and read, in which the defendant expressed his love and affection for the plaintiff, and the impossibility of his ever being happy without her ; and also the will of the defendant's father, giving the son a joint interest in the brewery, Tuis was the plaintiff's case. As the defendant did, not intend to call witnesses, Mr. Sergeant Bytes addressed the jury on the evidence, contending he had made out his case, and characterised the excuses of insults to the family as miserable subter fuges to break off the match, and added that if defen dant had been pressed further he (31. Sergeant Bytes) had no doubt he would have raised as another excuse for not fulfilling his promise, that he had not been in vited to the wedding breakfast. (Laughter.) The learned gentleman humourously referred to the evidence, and created much amusement by criticising the conduct of the defendant and the interference of the mother, and ridiculed her idens - of, propriety in objecting to her son, with a share in the ii?evrery returning ,between 6,0001. - and 7,0001. a-year, ta'eine; a house at 2001. per annum, intead of one at 301. 1 per'annum. The last offer on the part of the defendant was, he contended, the most dis graceful, in wishing to enforce terms on the plaintiff that she could not , accept, viz., marriage with entle separa• Lion from her father and relatives. It was clear the de fendant had broken his promise, and he had no doubt r.the jury wt. uld mark their sense of his conduct by Awarding the plaintiff substantial damages, a portion of I..whieh his " ma" ought to pay. The Attorney-General, for the defendant, addressed the jury in mitigation of damages. There could be no doubt that the defendant at one time was attached to the plaintiff and intended to marry her, but when the period arrived he felt some misapprehension as to the results from what bad occurred, and being doubtful as to the manner in which his relatives might be received after marriage with the plaintiff—he being of humble origin, the grandson of a carpenter—from the conscious superiority over them of the plaintiff, the daughter of a retired examiner of the Audit-office, he thought it better to postpone the marriage until an explanation had taken place. Had that been entertained by the plain tiff's friends no doubt the gossip of the village, that the plaintiff and her family despised tradesmen, and were disposed to look down on that class of persons with indignity, would have been satis factorily explained. It often occurred that ladies were of amiable temper when courting, but when it came to a question of whose will shall carry the day, then a little of female human nature peeped out, and a man in a moment saw that he was about to take to himself a yoke fellow, who would be disposed to exer cise a little more despotic power over him than would be agreeable. Had the plaintiff been a warm hearted, generous young woman, and have spoken to the defen dant in terms of concilliation and endearment, instead of standing out as she had against the terms proposed of a private marriage, in all probability the defendant would have given way. Or if judicious friends bad na• terpused, there could be no doubt that the foolish quar rel and the differences existing between them would have been healed, and these parties by this time have been man and wife, instead of in a court of justice in hostile antagonism, as plaintiff and defendant. Under all the circumotances of the case, the learned Attorney- General contended the plaintiff had relieved the defendant from his promise, or if not, that had sufficient time been allowed between the last quarrel and the father consulting an attorney (three weeks after), a reconciliation would no doubt have taken place between them, and the marriage consummated. He condemned the conduct of the father and friends of the plaintiff who, he said, did not appear to have been actuated by any desire to uphold the plaintiff's character, or from any regard for her feelings, hut a desire to obtain money, or he would have attempted a reconciliation instead of going to an attorney, and have proceeded with undue and in delicate haste. In awarding damages, should they be of opinion the defendant and not the plaintiff had broken off the marriage by her injudicious conduct, as well es that of her friends, he hoped they would not be misled by the exaggerated statement of the defendant's pecu y ni''r T yr e e P l a i e B u a r r n t y l e n r d e . t j i judge t E o llin co m ns e i d de u r p. their verdict, and after being absent about half an hour, returned a verdict for the plaintiff, damages 3,000/. LOCAL SHARE MARKETS. LIVERPOOL, JULY 5. &rocs EXCEIANGE.—The market has been doing a very quiet business to-day, closing firmly at the foll ow i ng quotations :—London and North-Westerns, 1094 North British, 9—Eastern Counties, 101 sn —East Larrashire, 22A—Lancasbire and Yorkshire, 981 4—Great Western of Canada, 264 A—Caledonian, 311 South _Eastern and Dover, 22 11.16 2i—Leeds Capital Stock, 104 A—Blackburn, B—Great Western, 634—Ditch Rhenish, 21 - 13-16 p.—Royal Insurance, 2i 9-16. MANCHESTE3t, Jou 5. ;3111001C EXCHANGE. The - market has been dole (rood business to-day, and clwed with improving prices kanchester, Sheffield, and Lincolnshire, 35 —Ditto, 101. Pref., 12r—Blackburn Class :B Pref., 20—London and ":orth Western, 109 1 -31 idland Railway Consols, 814— East Lancashire, Ml—Gre4 . Western, 633—Lancashire and Yorkshire, 98A —South Eas tern and Dover, 223 11-16. BIRMINGHA.II, JULY 5. STOOK EXCHANGE. —This nlarket was steady to-day, and prices at the following quotations :—Birmingham and Der bys, 55 London and North- Westerns, 109i—Great Westerns, 634-Birmingham and St our Valleys, 94—Wor cester and Birmingham Canals, 37. LEEDS, JULY 5. §TOCX EXCHANGE. North Eas torn, Yorks, 32i lidlands, 84—Leeds, 934-11ebden Moor, 21. ""°l4 s____AthNDA V EVENING, JULY 7, lsse. THE SUN, AILW AY INTELLIGENCE. METROPOLITAN. LAW INTELLP4aICE.--,Tvly 5. COURT OF EXCHEQUER (Sittings at Nisi Prius, at Guildhall, aster term, before the Lard Qhiet Baron and a Special Jury.) DIDDLE V. THOMPSON AND ANOTHER-ALLEGED LIBEL. This was an action brought by the plaintiff to recover from the defendants, Messrs. Thompson and Sun, the pro- prietors and publishers of the Leicester Chronicle, com pensation in damages for an alleged libel published in that paprr on Ist March last, reflecting upon, the character of the plaintiff. The defendants pleaded not guilty, and a justification so far as part of the alleged libel went. It appeared that the plaintiff, in 1830, started in business as a mrnufaeturer of gloves and cloth pieces, at Leicester, which he carried on with success un til 1843, when he entered lute partnership with a Mr. Ramsden, a spinner, at Huddersfield. In 1848 he started a manufactory of Lisle and Berlin laces at Leicester, with one Briggs, who had previously been in his employ. Unfortunately the partnership with Ramsden was found to be unprofitable, su much so that, in 1851, the firm were involved to the extent of bet Ween 6,0001. and'7,ooo/., which arose in consequence of bad debts. The partriership was then dissolved, it having been arranged thai Rimsden should conduct the business and discharge the liabilities. However, Rams den having become insolvent, the liabilities were thrown upon the plaintiff, who, in the first instance, had invested 5001, in the Huddersfield conoerns without rd iving any return. There were then acceptances out to the amount of 1,6001. on account of the Yorkshire concern, and the plaintiff owed about 2,3001. to his bankers, the Messrs. Paget, of Leicester, who were his largest creditor& Iu this state of things the plaintiff consulted two of his York shire creditors', Mr. Brooke and Mr. De Paiva, to whom he owed 1,6801. and 4501. respectively ; and they recom mended him, notwithstanding that his liabilities amounted to nearly 7,0001., to continue his Leicester business, and at the same time Brooke surrendered 10s, in the pound of his claim, leaving the plaintiff 15-1. or 10g. in the pound for the rest of his creditors—his liabilities being at that time 4,8001., and his assets 3,5001. He did not tell Messrs. Paget that be was insolvent, but he told them that he had got out of the Yorkshire ccncern better than he anticipated. After this the plaintiff car ried on the Leicester business till 1854, when, in conse• quence of the total cessation of all shipments to Austra. ha, he found that he was a considerable loser, his debts being 5,6671., and his assets 4791. 19s. 6d. On May 9, 1855, being pressed by one of his creditors who had ob tained judgment against him, he filed his petition, and on the 14th of Aug. obtained a second-class certificate, his estate paying 4d. in the pound. In this state of things, an article, which was of considerable length, appeared in the Leicester Chronicle of the Ist of March last, in allusion to the bankrupt's circumstances, and which was the matter now complained of. It was headed " Speculation and Bankruptcy," and commenced by saying, " In the tragi cal end of J. Sadleir there is much material for contem plation. He was but the type of a class which, we are afraid, is numerous. It is difficult to c impletely describe that class, but a few hints may help our readers in compre hending its principal attributes." Tee article having al luded to the career of Sadleir, touched upon the failure of Mr. George Pell, of \Velford, Northamptonshire, and continued—" Another case has happened nearer home of a similar description ; we mean the case of John Bid dle, who has lately passed through the Court of Bank ruptey. He was well known in this town from the as sumption of the dre,s of the Society of Friends (the plaintiff, although not a Quaker, was dressed in the garb of one), and he had placed himself in no inferior position in the conduct of pi and local affairs He selects his own opportunity, and throws himself into the Court of Bankruptcy, passes through such an exa mination as is common in that court, and with the slight stigma of a second-class certificate, after paying 4d. in the pound, probably starts again, like Mr. Pell, of Wel ford, his plumage only slightly damaged, on a new career of reckless ambition." The statement relative to the plaintiff, coupled with the harsh comments on the frau dulent career of Mr. Sadleir in the same article, it was contended, amounted to a malicious and injurious libel, and hence the present action. The Lord Chief Baron, at the conclusion of the plain tiff's case, said that, in his opinion, any man who, being in insolvent circumstances, went on trading and did not tell his principal creditors of his position, was not acting like an honest man or a fair trader. Mr. Sergeant Byles addressed the jury for the defence. He said the defendants had for many years conducted their paper in a highly respectable manner amongst a manufacturing cominuuity, and they thought it their duty to comment fairly on transactions which they con sidered discreditable. He would ask them was not the article a fair comment upon the plaintiff's acts ? Was not 'what had been stated true in every respect, as proved from the plaintiff's own mouth—strictly and literally true and, unless the greater the truth the greater the libel be the law of the land, they would be justified in returning a verdict for the defendants. He contended that his clients had only exercised the power of fair comment, which was entrusted to them as public journalists. The press was now the great public instructor, and the public were much indebted to them when they exposed malpractices. That the plaintiff was a bankrupt under discreditable circumstances was abundantly proved. The article, when speaking of Sadleir's career of vice and forgery, did not mean to im pute forgery to the plaintiff—it only meant to ascribe that he had become a'bankrupt under discreditable cir cumstances. The Chief BaroU, in summing up, said the real ques tionAvas how much and how far the article complained of was applicable to the plaintiff. There could be no doubt that if the plaintiff had been classed in the same category with Sadleir—with the view of ascribing the 'same delinquencies to him—that he, in the event of the juetificNtion not establishing it, would be entitled to a verdict. But the question was, had the article exceeded the fair limits of discussion in relating all the facts in connection with Sadleir, then Pell, then the plaintiff, but stating only what was true of the latter, and finally, commenting upon them as specimens of the way in which the business of life was now conducted. If they thought the article was only a fair comment on current public events, and that the facts relating to Bid dle, the plaintiff, were true, the defendants would be entitled to their verdict. The question was, whether the article had gone beyond the fair limits of discussion. The most prolific 'source of misery in this country arose from persons trading beyond their capital and living beyond their means. No man was justified in carrying 'on his business for a single day beyond the time he was able to meet his liabilities. He considered trading in insolvent circumstances highly dishonest, and, in his judgment, the man who would do so was half-way to Hounslow-heath, as matters went in former times. considered that Mr. Brooke, who advised the plaintiff to go on trading when he was so deeply in volved, was not entirely free from blame. The ques tion, however, for the consideration of the jury was, were the comments fairly made, not alone in the 'dis charge of a public duty, but in the rights of the free dom (,f public discussion If they were of opinion that the remarks which applied to-Sadleir were intended to apply to the plaintiff, they would return a verdict in his favour, awarding him such damages as they consi dered he was entitled to. The jury immediately returned a verdict for the de. fendants. —" your ever affectionate." Oa the 28th Dec., be said " I wish I could find words sufficient to express toy fond affection for you, hut time will prove.'' On the 9th Jan., "I was very much pleased at seeing you on Mon day laNt, but since I have really felt home to be more dull than ever," and on the 2jd, "You cannot conceive how dearly I love you, dearest, and with how much plea sure I look forward to our marriage, as I know how happy I shall be at all times when blessed with your presence." Tire marriage having been fixed for the 3d April, in' the meantime the gentleman went in search of a suitable re sidence for the plaintiff ; and in January he took a place called Hill-house, and be also ordered a brougham and a phaeton. On the 17th March, however, Mr. Smith, the plaintiff's father, received this extraordinary letter, to which he wished to call their attention, indicating, as be thought it did, a vacillation and impropriety of conduct perfectly inexcusable under such circumstances, N% ben the happiness and the very life of this young lacy were at stake. The letter was : " Dear Sir,—For various causes, the affair fixed _fur the 3d of April must be postponed.—l remain, yours faithfully, " THOMAS WOODFINE." Nothing more than that. Inquiry was made as to the reason of this, and the reason alleged was, that an af front had been offered to the defendant's family in not sending an invitation to the wedding breakfast to his sister, Mrs. Thompson, who resided in Loudon. The fact, however, was, that an invitation had actually been sent to that lady, and no reason could be ascer tained why the letter should not have been delivered. He was told that there was no intention to give any offence, and eventually the matter ended in the de fendant expressing his penitence for what he had done, and he took charge himself of the second letter to Mrs. Thompson, in order that there should be no misdelivery again. The day for the wedding was altered to the 17th April, and every preparation was made for it ; but before the day arrived the defen dant began to harp upon the old story. There were various pretexts ; but the principal one was that Mrs. Thompson had notreceived an invitation, though she had in fact received the second invitation, and had answered that Mr. and Mrs. Thompson could not possibly come. He also said that his mother did not like the young lady; and on the let April, Miss Smith, with a female com panion, waited on Mrs. Woodfine, and asked whether she had done anything to offend her, and expressed her _ _ sorrow if she had done so. She also asked whether Mr. Woodfine was at home, and at first he was denied, but afterwards he came into the room with his slippers on, and appeared as though he had been in the house, all the time. On the next day Mr. Woodfine called on Mr. Smith, and requested to see his daughter. The old gentleman, after what had occurred, was not desirous that his daughter should be seen when he was not present, but the defendant contrived to get into the room where she was, and locked the door after him. He said to her, " I will marry yon on this condition, that your father," or else is was " None of your relatives shall ever MOSS my threshold." He might as well have said to the young lady, " I will marry you if you cut off your right hand." She said, " No, I cannot marry you on those conditions." On which he ran out of the house, saying, " She says no ; she says no." The consequence was that the second day fixed for the wedding went off as the first had done, and no resource remained but to bring the ac tion which was now before them. It was an action to which there was no solid defence, and the .only ques tion would be to what damages this young lady was en titled for this causeless and most distressing conduct of this gentleman. Mr. Henry A. Smith, the plaintiff's father, was called, and said—l reside at Hornehnrch, and was for a great many years iu the Audit-office. My daughter was 21 last July. The defendant told me that the brewery last year produced 6,0001. profit, and he also said he had 16,0001. or 19,0001. in the funds. The defendant spoke to me in June, 1855, and said he had made pro posals of marriage to my daughter, and she preferred his naming it to me. I told him my daughter would have no fortune until I died, and I also said I should wish to see his mother on the subject, and the defendant asked what was the necessity of that ; was he not old enough to judge for himself ? He alluded to a former engagement he had had with a Miss Jones, and he entered into some details as to the manner in which it was broken off. I had an interview with his mother afterwards, and told her what her son had said, and she offered no objec tion. After this the defendant continued his attentions to my daughter, and was received as her suitor. The de fendant looked out for a house for my daughter. He looked at Mr. Wagner's, the best house in the neighbourhood ; but Mr. Wagner would not giveit up. Ultimately he took Hill-house, and-was to give 2001. a-year for it. The wed ding was fixed for the 3d Ansi:, and I was to give a break fast. After the receipt of the letter in March I sent Mr. Matthews to the defendant, and the answer was, "If I had anything to say I must go to him." I went with Mr. Matthews, and saw him in the presence of his mother. I asked him to explain the meaning of his letter, and he said, " You have insulted my family." I said, "In what manner?" and he said, in not having sent an invitation to Mrs. Thompson, his sister. I told him that the letter had been sent, and he observed that there were various modes of intercepting a letter on its road. I reminded him that he had promised to take a letter and explain the circumstances. He then said, " You have insulted my mother ; you never sent her a letter of invitation." Mr. Matthews observed that, if we had sent her a letter of invitation, living, as she did, in the same village, they might have taken it as an in sult, and that when be was married be had not sent an in vitation to his mother. He then said, " Mr. Smith ac• °used me of wanting to serve her as I served Miss Jones." I said, "Mr. Wood fine, do you want to break off the mar riage ?" He said, "I do not say so—it must be post poned." Mrs. Woodfine observed, " Your daughter cannot love my son, for she has allowed him to take a house at Upuiinster, and to be so far from the brewery." Mr. Woodfine said immediately, "Oh ! [nether, mother, that has nothing to do with it." The house which had been taken was about a mile from the brewery. I said I thought Mrs. Woodfine did not like my daughter, and her reply was, " I certainly do not like your daughter;" that she was extravagant and bad tempered. She said there were plenty of other houses, and referred to on e occupied now by Mr. Denbigh, and let at 301. a year. I again adverted to the letter that we bad sent to Mrs. Thompson, and I said, " Perhaps by this time they may have received the letter." He rose up and attempted to ring the bell, and said, " Oh ! if you doubt my word," and he, in fact, ordered us out of the house. After, that Mr. Woodfine renewed his visits to our house. I saw him on the 24th of March. He shook hands with me, and ape. logised for his conduct. He said he was sorry for having been so hasty ; if he at any time did wrong he wished to apologise for it. After-the 24th of March Mr. Woodfine called as usual. On the 2d April he came through the sur gery into the dining-room where I was sitting. Mr. Mat thews let him into the room, and he asked if he could see my (laughter. I said "No;she is unwell, and suffering from the treatment she bad received from your mother and yourself." He said "It is a pastry excuse ; it is an in famous lie." I told him I was at a loss to understand what he meant by his vacillating conduct ; one day com ing down to apologise for what he had said the day pre vious, and another day allowing his mother to insult my daughters, and standing by whilst they were insulted. I told him I was quite at a loss to know what he meant— did he mean to break off the marriage? He said, "You are a fool, you are a liar, you are a placeman and a clerk"—(a laugh)—and he shook his fist at me. I told him I should be ashamed to revert to what his father or his grandfather had been ; and there I was wrong, per haps. He said he wished to see my daughter, and I sent up for her, and, before my daugh ter, asked him to speak up like a man ; and I said, "Do you wish to break off the engagement—you are trying to force my daughter to do so." He said he wanted to see her alone, and I would not let him. He said, " I must appoint a meeting with Mi-s Smith," and out we both went —Mr. Woodfine going before me through the surgery; and I after him. All of a sudden he slipped round, went back to my daughter, and locked me in the surgery. (Laughter.) He locked himself up in the room with my daughter. I did not hear what passed between them. He came out with my daughter, and his words were "Do you agree to my proposal ?" My daughter said, "No, never on those conditions." He then left the house, saying, " She says no'—she says no." I said," My good fellow, she does not say no,' and he said, "You are a liar," and that is the last time I have spoken to him. The cross-examination of this witness was concluded shortly before 5 o'clock, and tee case was adjourned un til Monday. ROLLS COURT. BALDWIN V. BALDWIN. This was a suit to take the opinion of the Court whe• ther a specific bequest to a charitable use, under the will of William Baldwin, of Sedgley and Bilaton, near Wol. verhampton, had been revoked by a codicil to the 'aid will. The will was executed on the 25th of May, 1854, whereby the testator gave 4,0001. to his tru...tees to provide stipends and annuities for old persons of both sexes, not exceeding nii , e in number, who through mis fortune had become indigent, and were worthy object of charity. The trustees were to be empowered to sele. t the parties, with a preference for the testator's family servants, should they require aid in their old age, and to devise rules for the conduct of the almshouses. Is three weeks after the testator made a codicil to this will, confirming all other bequests to his sister and brother, but revoking the bequest to the purposes of hie intended charity and the providing the inmates thereof with sti pends and annuities for their support. This codicil was dated 19 days after the will, and the property, upon probate of the will on testator's decease, was found to be fully adequate to all the objects contemplated by the testator. The. defendant, Martin Baldwin, now con- tended that the charitable bequest had been revoked by the codicil. Mr. R. Palmer, Mr. Wicking, Mr. Bird, and Mr. Druce were in the case. The Master of the Rolls gave judgment, observing that the words of the codicil were sufficiently explicit to convey the intention of the testator to revoke the legacy to the charitable object, and the intention of the testa. tor so clearly expressed must be carried out. DEN - MAIL: - AND THE TRANSIT DUTIES. We entirely concur with our intelligent corre spondent from Lubeck, that the time has now come when Dehmarkl must abolish the Transit Duties she has imposed on the transit of goods through the ,Duchies, as well as the Sound Dues, which she has so long extorted from ships passing through the mouths of the Baltic. He is quite correct in his statement that the imposition of the Transit Dues is a ()Toss violation of those ancient rights which the Hanse Towns won from the Ger man Empire ; he might have added, they are also at variance with all those sound principles which sway modern commerce. Except in Austria and Denmark, there is not one European State in which transit dues now .exist ; and in Austria they are imposed to eke out an insolvent revenue, while in Denmark they have been resorted to in order to protect and defend the Sound Dues. As, however, the Committee of th," House of Commons on the Sound Dues has turned its attention to the Danish Transit Dues, thei!e iss we trust, some chance that English diplomacy will -again make a serious effort to induce late Danish. Cabinet to abrogate a tax which inflicts a maximum injury on trade, and yields a minimum revenue to the State. The road which connects Hamburg on the Elbe with Lubeck on the Baltic, is one of the most an cient in Europe ; it is the shortest and most secure route from the West to the North ; it saves the passage through the Cattegat and the Belt, with its dangers, its ice, its high freights and high rates of insurance ; it is the natural mode of transit for all lighter and more valuable articles. Already British goods to the extent of 1,500,0001. a year use it ; and, if placed on the same footing as roads in all other civilised countries, its traffic would within three years be certainly trebled. But, unfortu ' nately for Lubeck and Hamburg in particular, and for trade in general, the road for about half its dis tance passes through the German Duchies, which diplomacy, to the manifest advantage of Russia, has insisted shall remain Danish. That gives Den mark complete power over this great arterial line of European interanimunication ; and most per versely has Denmark used its power. For many years previously to 1839 the Danish Government, of malice prepense, rendered this road impassable for all heavy goods, and would not allow public conveyances to use it. At last, however, the two free towns insisted on its improvement, and improved it at their own cost. Then; for the first time in history, Denmark imposed ransit Dues, so heavy in amount that all the countries concerned protested against the. infliction. Denmark yielded a little to the general indignation ; she conciliated Russia by exempting from any dues those articles in the impost of which Russia enjoys nearly a mo nopoly, but which from their bulk would never cross the road ; and she pacified Lord Palmerston for a while by equal rates on goods liable to the duties, and by some modification of the tariff. The Hanse Towns appealed to the German Diet against any dues on transit. through Holstein and Lauen burg as an infraction of their imperial privileges and of treaties ; but. the Diet, ready enough on all occasions to assist arbitrary princes, had no sympathy with the free towns, and they were obliged to submit. They did not, however, acquiesce patiently. They fancied they saw a remedy for their grievance in railway enterprise ;. and the capitalists of Lubeck and Hamburg constructed railroads, some 70 miles long, across the Duchies to connect the two towns, Denmark not contributing one stiver to the work. But the railroads finished, the Transit Dues were imposed on t ham t s well as on the ordinary roads, and. such is their pecuniary weight that they actually ex ceed the cost of the transport of goods. So that Den mark prevents the line being used to the extent it otherwise would, and receives from the tolls it le vies some 8,0001. a year, without rendering a single service in return, and inflicting grievous injury on commerce and prejudicing in the most serious man ner the interests of the shareholders by whose money this most useful work was executed. This conduct is so monstrous that it would appear in credible were there not a very intelligible reason for it. The real and almost avowed object of Denmark in introducing these Transit Duties was and is to secure the revenues it derives from the Sound Dues, by interposing pecuniary obstacles to the transmission of goods overland, by which a long voyage round the Sound and the payment of the Sound Dues would be avoided. That this is the reasou,the favour which she has shown Russia from the first imposition of these dues would be evidence enough ; for originally they were applicable to all goods, only those coming from the west had to pay double rates, while those from the east had merely a single rate to contend against. On the s ugg es- 1 tion of a retaliatory measure from Lord Palmer ston, Denmark, however, abandoned these differ ential rates. But she exempted pitch, hemp, flax, hempaeed, linseed, lamp oil, tallow, - tar, Asc., all Russian staples, from the payment of any dues. By this concession. Russia's support of the Transit Dues system was purchased. But there is better evidence that by the Transit Dues Denmark seeks to protect the Sound Duos than even the exemption of Russian exports. If the reader will look at a railway map, he will see that from a point midway between Hamburg and Lubeck, the railway starts away at Buschen for Berlin, and so direct on to Breslau and Cracow, with some half dozen links connecting it with other great railway systems on either side. Were Denmark' only reeking revenue by means of these Transit Dues, they would be dis tinguished by uniformity of amount, regard less of the destination of the goods on which they were levied. The very reverse, however, is the case ; for not only are Russian staples wholly exempted; but while the transit duty to and from Hamburg and Lubeck is five skillings Holstein currency, and 6 per cent. thereon in the shape of fees, or 4J,d. a cwt, ; to or from Prussia it is only one shilling a cwt. on the rail, and for goods on the roads in that direction nothing at all. Mark the scandalous injustice of this. The free towns of Lubeck and Hamburg are taxed by Danmark on a railway which they themselves made, to an extent equivalent to the freight, whilst Russia is allowed by Denmark to pass over untaxed, and Prussia, when not brought into competition with the Sound navigation, is passed for one-fifth the amount ex torted_ from the free towns. The thing is so mon strous that to state it, one would really suppose, would he to overthrow it. The Danish Government knows very well that the imposition is untenable, and it purchased the acquiescence of the free towns for a while by an article in the Treaty of July, 1840, whereby it un dertook to reduce the duty "whenever a change in the conditions of the traffic should occur." Now no greater change could occur than that which Denmark has itself proposed, the abolition of the Sound Dues on compensation. If the passage of the Sound became free, and the existing or any dues remained on the transit across Holstein and Lauenburg, the conveyance of goods by that route would become practically impossible, for oppressed by transit-duty while the Sound was untaxed, ths road between Lubeck and Hamburg would neces sarily have to be abandoned. If, therefore, in coming to an arrangement as to the abolition of the Sound Dues with Denmark, Lord Clarendon do not provide also for the abolition of these Transit Dues, he will secure for a bad route, for light goods, a preference over a good route, and se riously prejudice freedom of trade. The Danish Government, long experience shows,- does not care two straws for the remonstrances of the Iraanse Towns ou this or on any other subject. Stronger influences must, therefore, be brought to bear on the Cabinet of Copenhagen than any that Lubeck or .Hambur g can exert. No country has a deeper interest in the question of the free transit across the Duchies than England. Already Ham burg sends yearly to. Lubeck British manufactures and British colonial produce of the value of 1,500,000/. ' • from Lubeck they are dispersed in steamers allover the Baltic ; and it only requires the abolition of these Transit Duties very largely to increase this trade, and to give to Lubeck all its natural and acquired advantages. Russian goods coming from the north across the Duchies are almost all free.; Prussian goods pay farefi ; but English goods • ooing to Lubeck , charged with a pecuniary b b urthen equal to the railway freight. Lord Clarendon has, therefore, an irre sistible case for interference. The subject has been fully brought under the consideration of the Sound Dues Committee of the House of Commons ; and it will not, we trust, be denied due prominence in the , report of a committee over which so eminent aFree trader as Mr. Charles Villiers presides. At . all events, it is quite. impossible that the Sound Dues can be settled without- a concurrent settlement of the Lubeck and Hamburg, and also the Tonning sen and Flensburg, Transit Duties ; and it will be our business to me that popular attention is kept alive to the subject, should there be any indications of official apathy—Morning paper. a chair. ADVEBTNEMENT.I—HoIIoway's Ointment and Pills surpass all other Remedies for the Cure of Bad Legs,— Mr. James lles'op, weaver, of GalasWeis, suffered se verely from a sore leg, and notwithstanding he tried everything that medical skill could devise, yet a , l was to no purpose ; no cure was effected until he made use of Holloway's Ointment and Pills. Ti ese invaluable medicines soon had the desired effect, for in a few weeks his leg was completely healed, and he wishes to give publicity to .the fact, that others might derive the same benefit.—Sold by all medicine vendors throughout the world ; at Professor Holloway's Establishments, 244, Strand, London, and 80, Maiden-lane, New York ; by A. Stamps, Constantinople ; A. Guidicy, Smyrna ; and E Muir, Malta. This 2 mportant railway, which will give the Cleat Western,. London and North-Western, and Great Northert t lines a City terminus at the Post office, has receivecl . .an accession of strength which ensures its im mediate, .cotcuiencement and an early completion. Not withst7Ating the estimates of local traffic between Pad dington and its City terminus show a very large net re ceipt, independent of the through passengers, &c., that must come upon it from the great lines with which it will be connected, the condition of the money market has been such as to induce the promoters to refrain from commencing works which imperatively required what they did not clearly see their way to—namely, a rapid completion of them. It is known that the Great Western Company have subscribed 175,0001. to wards the line, and the Great Northern Company are now seeking powers in the House of Lords to subscribe a like sum. These amounts, with the subscriptions taken 1 by the public, make up one moiety of the capital ; the 1 other half being held by the promoters, who, satisfied with the undertaking, have kept their shares throughout the late monetary crisis. The company have now se ,lured the co operation of Mr. Ricardo, M.P., who has, after a careful examination of the position and prospects of the company', proposed to become the lessee, on the following terms, of the shares so held by the promo- tern, viz.:— " 41. per share (making, with the deposit, Si. per share paid up) to be paid in advance of calla within three months, and the remaining 51. per share within six months from a day to be.named. " Upon these sums the company will allow 51. per cent. from the times of payment until the time con tracted for the opening of the line. " That dividends from the opening of the line on these shares to be a guaranteed minimum of 6 per cent, with one tooiety of all the profits thereon beyond such per centage. The other moiety of the surplus profits to be long to Mr. Ricardo, as lessee. " The security for the minimum dividend to be the material guarantee of 100,0001. on the 50,000 shares, or 20 per cent. on the guaranteed capital, to be deposited by Mr. Ricardo in the names of the directors of the London and Westminster Bank as trustees. " When a permanent dividend of 6 per cent, per an num at the least has been established by the payment of such dividend for three consecutive years, Mr. Ricardo to be at liberty to withdraw his deposit fend, on aban doning all claim to future surplus profits." The directors state they will rec tgnise the trust, " and issue certificates of shares on which the terms of the guarantee will be printed, and they will apply to Parliament for an act to carry it out directly by the company itself, if preferred by the shareholders." They further state that, "On this arrangement being carried out, the works will be forthwith commenced, and the engineer is satisfied that the line will be completed within the stipulated period of two years. The holders of the guaranteed shares will thus receive 51, per cent. on their capital, and 6/. per cent. and half-profits after wards, secured by the actual deposit of 100,000/., or 201. per cent. on the guaranteed capital, invested in the names of their trustees." METROPOLITAN BOARD OF WORKS. The weekly meeting of the Metropolitan Board o Works was held on Friday, in the Chamberlain's-office Guildhall ; Mr. J. ThwadeS, the president, occupied the THE OUTFALL OF THE MAIN SOUTHERN DRAINAGE AT RUTH. A deputation from the inhabitants of Erith waited upon the board to state their objections to the proposed outfall of the southern main sewage of the metropolis at Erith. The deputation comprised Archdeacon Smith, the vicar of Erith ; Capt. Wheatley, lord of the manor ; Mr. Renshaw and Mr. Beadle, churchwardens; Dr. Oates, Capt. Murrell, and Messrs. M'Neile, Everett, Ayres, Wells, Smith, Shaw, and Williams. Mr. Davis, the represent dive for the Woolwich district and neighbourhood, introduced the deputation to the board. The Archdeacon, in introducing the subject, observed that the inhabitants of Erith would be subjected to very serious evils should the outfall, as at present proposed, Of the s .uthern main intercepting sewage be made at Plumstead Marshes, the points of which were fully set out in the memorial. The memorial was then read, and set forth that the memorialists understood that the board had sanctioned a scheme for draining the whole of the metropolis by means of a large and deep sewer on each side of the river, having outfalls into the Thames on the north side at B.srking Creek, and on the south side of the river at Plumstead and Erith Marshes. They considered such outfalls would be most injurious to the health and comfort of the inha bitants of Erith and its vicinity, and would greatly depre ciate the value of the adjacent property. They considered that the accumulated filth and soil of London and its increasing suburbs poured into the Thames at a point near Erith would form a mass of pestilential matter, slowly but incessantly ebbing and flowing with the tide, and that the deposition of excremental and decomposed vegetable and animal matter on the slopes and projecting points of the riverbanks, could not fail to be injurious to health, and would most probably engender fever, cholera, and other diseases, not only among the popula tion of Erith, but also of the neighbouring towns near the river. The memorialists also believed that under the 135th section of the Metropolis Management Act the e proposed outfall waa illegal. They suggested that the point of outfall should he below Gravesend, where the• accumulated sewage matters would pass into Sea Reach, from which_place it would be borne out to sea and become absorbed in the ocean with such rapidity a. to prevent any appreciable mischief from the tidal reflux towards the populous parts of the stream. They consi dered that although this extension might cost two mil lions, yet, involving as it did the comfort and conve nience of the immense population of the metropolis, the cost ought not to be permitted to stand in the way of efficiently and permanently relieving this great national estuary from being the common sewer of a population the numbers of which must be estimated by millions. Mr. RENSHAW, churchwarden, addressed the board in support of the memorial. The PRESIDENT remarked that while the Metropolitan Board were most anxious to make the plan agreeable to alt parties, there were engineefing difficulties in the way of carrying the metropolitan sewage to a point lower down the Thames than that indioa'ed, and it would be attended with a very considerable addition to tae expense. The board, however, would give the fullest consideration to the memorial. The deputation then retired. AN IMPORTANT PRINCIPLE. Mr. Marrable, the superintending architect, presented a report, on the application of Mr. Munday, asking for the approval of the board to the raising of an engine chimney in Cox square, Spitaluields. The recommendation was, that the chimney be not raised on the plan proposed, and the superintending architect suggested that the work should be done on a plan that he proposed. An important principle was involved in this question, and a long discussion ensued. It was contended on the one hand that the superintending architect, as the Facer of that board, was no . ; called upon to suggest plans to be substituted for those submitted to him, as by so doing the board would take upon themseliesCa great amount of responsibility; and especially so„ Abe work which was done under. the recommendation of the architect should fall down. .In that case abundant evidence ini;ht be brought forward to show that those who performed the work did it under the express sanction of this board, in opposition to the plan originally proposed ; and it would then be said, that if they had been allowed to do their work in their own way it would have stood, and there would have been no accident whatever. In oppo sition to these arguments, it was contended that if the superintending architect was to wrap himself up in offi cial reserve, and ref nee to explain his objections to any particular plan submitted to him, that a hu L ndred plans might be brought forward, and not one of them suit the particular point of his objection. 7; 1 Mr. CAIIPM.tEL moved that the application be not granted, and that the architect do nut offer any plan in substitution of the one submitted to him. .Mr. Deputy HAMMON seconded the motion. Mr. WALLis moved that the architect's report and recommendation be adopted ; which, having been se. conded, the question was pun, and the numbers were for the adoption of the report of the architect, 13 ; against it, 11 ; majority in favour of the report, 2. THE VITRA SEWER. A letter was received from Mr. C. Reeves, police sur veyor, with a meinorial from the incumbent of St. John's, Brixton, and others, as to the covering over of a portion of the_Effra sewer, near the Brixton-road. This subject was brought before the board a few weeks bask, and the proposal was rejected by a majority of 15 votes to 14. Mr—Dour:Am moved that the portion of the Effra which was an open sewer, near the Brixton-road, be per mitted to be covered over. He said that the police, who were about to build a station-house, had offered to sub scribe 1001., and the parish of Lambeth would subscribe - the remaining 9001.,. which was to be the cost of covering in the sewer. There was also a school within twenty feet of the ditch, and a great deal of fever, disease, and death bad resulted, and the school was to be closed in a month unless something were done. Mr. TAYLOR (representative for Lambeth) supported the !notion, and said a large amount of cholera resulted from this open sew r. Mr. Deputy HARRISON moved an amendment, to the effect that the assent of the Metropolitan Board be given to the covering 1 .11 of the sewer, providing the police com missioners pay the board 1001., and that the remainder of the expense be assessed upon the parish of Lambeth. This was seconded, and after some discussion the origi nal motion was carried, and the addition contained. in the amendment. FINANCIAL STATEMENT. The following is the financial statement of the board for the week ending Ist July : CASH ACCOUNT. Balance in hands of treasurer, Ist July, 1856 Checks drawn, bnt not presented Available bal anc e 5,408 10 2 127,522 2 2 Amount of d e p os it account Total general balance £132,930 12 4 A mass of other routine business having been disposed of, the board separated, after sitting upwards of six hours. THE SURGEON OF THE SURREY LUNATIC ASYLU3I.--.. The prosecution instituted by the Commissioners of Lu nacy against W. Snape, the surgeon at the Surrey Lunatic Asylum, will be tried at the coming session of the Central Criminal Court. Sir F. Thesiger is retained for the prosecution, and Mr. Edwin James, Q.C., for the defencv. COURT OF COMMON PLEAS. (Sittings at Nisi Prius, in London, before Mr. Justice Wines and a Special Jury.) SMITH V. WOODFINE-BREACH OF PROMISE OW MARRIAGE. This was an action brought to recover damages for a breach of promise of marriage, and the defendant denied the promise ; and that the plaintiff had not been always ready to marry him ; and he also pleaded that a reason able time had not elapsed for the performance of the promise ; and that he had broken it by the leave and li cence of the plaintiff. Mr. Sergeant Byles, Mr. M. Smith, and Mr. Untbank appeared for the plaintiff ; and the Attorney-General and Mr M. Chambers for the defendant. Mr. Sergeant Byles said that he had the honour to ap pear for Miss Margaret Smith, a younz lady of amiable temper and pleasing manner:, the daughter of a gentle man who was ftir a great many years in the Audit-office, but who had retired three or four years ago on a pension, and he was in addition possessed of some fortune, the result of the judicious employment of some capital he possessed, and of an economical mode of living. He had. four daughters and a son ; and his wife having died, he retired to live with one of bis daughters, who had mar ried a medical gentleman named Matthews, and resided in the vicinity of Hornchurch, near Relator& In the neighbourhood of Hornchurch also lived the de• fondant, who was a bre eer—his father having died in 1853, and left the business to the defendant and his mother. The brewery was a very thriving con cern, and was represented by the defendant to be worth from 61,11001. to 70,0001. or 80,000/. ; and in addition to his interest in that business the defendant was possessed of other property. He was a young man, 32 or 33 years old, and the plaintiff was about 21 years of age. The defendant visited at Mr. Matthews's house, and there he saw the plaintiff ; and as early as June, 1855, he made known his intentions to her, but she re quired that those intentions should be communicated to her father, and they were so communicated. She also did what was natural and what was also highly proper to be done on such occasions ; the defendant was compa ratively a stranger to her, and she took time to delibe rate on so important a step ; she wished for an oppor tunity to form a deliberate judgment how far such a union would contribute to their mutual happiness. Mat ters went on without anything particular occurring until about Christmas, 1855, when it was finally arranged that the defendant should be the accepted suitor of the plaintiff, and the day of the wedding waa fixed for the 3d of April. In order to show upon what terms the plaintiff and defendant were, he would read some pas sages from a correspondence, in which the defendant ad dressed the plaintiff in the most affectionute manner, and these letters showed clearly enough what at that time the defendant thought. and hoped, and believed. In August he addressed her as "My dear Madge," and said, " Now absent, it affords me pleasure in writing to you, in whom my happiness is reposed. You know, dearest, without your society I cannot continue happy, but I by to console myself with the pleasing thought that we shall be united, after a few mouths have passed over. ' In another part of the same letter he said "Your doves are in the new cage and are taken great care of ;" and he concluded by remaining her "ever-affectionate, 'Montag %Voodfine." A day or two after he said, " The recollection of the happy time I passed with you is pleas ing to me, and can never be forgotten ; for you, dearest, possess my sincere love, and to contribute te your happi ness shall ever be the study of sour ever affectionate and fondly attached, Thomas %Voodfine." On the 21st De ' cember, he expresses himself thus :—" Haying now ar -1 rived at the close cf this year, never to be forgotten by 1 me, I beg to express a hope that the succeeding one will be as happy to you as it will to me ;" and he was still POLICE INTELLIGENCE.-July 5. GUILDHA LL.—Jouquin Sevilla, a Spaniard, of re. spectable appearance, wag charged with forging docu meets with intent to defraud the Peruvian Government and others. Mr. H. Kendall, the Peruvian consul, attended to watch the case on the part of his government, and Mr. E. Routh, a member of the Peruvian bondholders' com mittee, attended for the same purpose. Herman Deut•eh stated that he was a lithographic en graver, carrying on b us i ness at No. 6, Carpenter'h-build ings, Lond on - wa ll, O n the 27th of June t h e pri-ourr came to his officeand asked him if be ever didafac.simil and asked to see somespecimens. On these being shown to him he said, "That ie the very thing I want." He thus took a. sheet of paper Out of his pocket and said, "Maki/ the size of it. I want you to do me between 110 and 125 on it." lie asked the prisoner whether he wanted theta at the ho , torn of .p ,rtraits, and he seid, "Yes." Attar agreeing upon the price, and that witue , s was to pi /it them himself, prisener left a letter to be copied as a spe eitnen. He called for it the next day, and said it was very well done, and that he mustsend it off by post, and would let witness have an answer in about two days. OA the following Mor.day he called again, and produced about 100 printed forms in blank, purporting to be " vales," or government compensation bonds for the li• beration of slaves in the republic of Peru. - Witness said, " What are these things ?" to which he replied that they were passports to South America, and witness then said, " Oh, I perfectly understand," and agreed to do thefec' similes. Prisoner than banded witness the 100 sheets. He then produced four different signatur, of thosenatna (which witness now produced), and explained to witness how he wanted them done. He called on the following day and said, "I shall want, instead of 125 names, at least 1,500 names. What would theprice be ?" On some sheets there were to be two names and on some 5 named He told him it would be about 181., and he said, "Fell well, I will pay you that sum." Witness asked hits for his address, and he said ho lived in the country' Witness then asked. for his name, but he would not give it. He said to prisoner, " Will you give tae a reference, sir ?' and he said, " 06, shall leave you a:deposit. How much will you require!' Witness said Si. or 61., but he said he would give bits only 41., and that was agreed to. He gave the 41 4 and then said, "Now you know all the particulars; when am Ito call again ?" Ile told him to call on the morrow, between one and two o'clock. In the interval thus afforded witness endeavoured to find out the Peg' vian ambassador or consul, but failed in doing so. Il e then went to the Prussian ambassador, and was tol d there was no Peruvian consul ; and on the Wednesday evening be communicated with the detective officer Fun' nel. He explained everything to him, and then acted according to his instructions. The witness proceedetlt ° , detail the particulars of further interviews which he WI with the prisoner, who on various occasions brought AU' ditional papers of which he wished to obtain itepree: sions. Whenever prisoner left witness's shop he formed excuses for returning, to see if there was any person ir, but he never had anything to say beyond what ness had already stated. Prisoner Came. on Friday an remarked that the work was nearly all done. He the! said, "Now I know, Mr. Diaiatabli, you: are an honey man—have you no one whom you could-place cenfidell in to fill that up (pointingeo c-rtain blanks in the paper./ I don't mind paying about 41; Or 51. for it." Witness r' plied, ." Well, I will de my best tii-find some one IIk! will do it." Prisoner said, " I could r.,49, it myself; bu;, ley handwriting is too bad.. That ivelny, handwriting , he added, giving him an envelope with'the nneni of TIP; hen written on it. Witness wrote hii own namb out!, envelope, and remarked that his handwriting was Wl . ' than that. The prisoner then said he would have Oki: some of them with him if they had been filledup,s 43 . witness promised to give him au answer whither li could get them done by the next day. He told prison er to call about one o'clock on Saturday, and sawnotlibi more of him, as he was taken into custody on Fri d .4 l4 niget. Witness delivered all the papers and eignatili to the officer Funnel. The prisoner said he should like to have legal ado ho and the assistance of an interpreter, as, although: l , understood English, be did not understand it aufficien" to conduct his defence, Sir Ge Carroll acoerlingly remanded him, 111/11 gave orders that an interpreter should be sent to When token into custody the prisoner had- on bij 41. 4s. 10d. in money, ten 51. Bank of England notes'. gold watch, and other articles. It is expected that t detection has prevented an extensive and organised 61 0 ) tern of fraud on the Peruvian Government, for tb o bonds could be filled -up for 20,000 or 30,000 doll each, and were neiotiable in the interior of Peitz. LA.MBETH.—Robert Hawkins, a constable belong s ; to the P division of police, ens brought before the i li i gistrace, by order of Sir Richard Mayne, on a ci3arge assaulting Mrs. Catherine Brooker, a married female:it The complainant said she resided at No. 29, i ll r e street, 0:d Kentenarket. Her husband's business 40 quired him to go out very early in the morning, aria "o defendant was in the habit of calling hint. On Sator u e s her husband got np at about halt 4, and as 11 . 0,, pected to return in a short time, and did not wis'; disturb her when he came back, he left the street ajar. Shortly after she was alarmed by finding defonol in his uniform by her bedside, and on asking bin' * s :,, i t he wanted there, he said—"lt's all right, my dear, ciro make a noise ;" and, at the same time, put his bair..)- her person. She instantly jumped out of bed, and de l i him to go about his business, and pushed him 11.0 ij i bed-room into the pas: age. The defendant atterajii to push his way in again; but she told him that if belt' not instantly go about his business, she should go t° l o station-house, and report him there ; and he thou, o i On the return of her husband she made him acqt3 ol ,l with the defendant's conduct, and that led to the pre inquiry and charge. Mr. Lund, defendant's superintendent, a nd 141 ' 1 0 : Worrell, his inspector, gave him au excellent chariv ° ji. and both declared that he was the very last perelf the force who, they thought, would be guilty of iel ptiety of conduct. ' it Mr. Elliott observed that there could not be slightest doubt of the defendant's intention and misconduct, and, to justify his baseness, he had res_, to the mean subterfuge. of assailing the charactest °: he had so shamefully insulted. The sentence 01 0 Court was that he pay a penalty of 3/ , and in deist° payment be committed for one month's imprisono. THAMES.—Mr. G. F. Young, and Mr. CI Magnay, of the firm of Young, Sou, and Maga* ° builders, Limehouse, attended the court. Mr. Young said that on Wednesday it was his 1/$ :0 ful duty to, prosecute 13 shipwrights, against whoto rants had been_granted for violating contracts eP l . d ii into by them at Southampton to enter into the sPr/pl the firm. Two cases were g one i n t o , an d Mr. 0 1 being of opinion the m e n h a d k now i ng ly an d wi li di o broken the contracts entered into, after hearing p on their behalf, sent ence d th em t o th ree months' ilo sonment and hard labour ; but on an urgent appes,o the men, and on a promise that they would fu10 1 ;0 contracts and go to work, - and with the c >nsent 0 ' self and firm, who did not wiih to send working tneP t i gaol, the magistrate consented to remit the punisbli and the two men were discharged. The rest °0 shipwrights brought up on warrants also made a po j i to observe the contracts they had entered into, 01 4 to work, and they were all discharged. Seven of t"i men had gone to work, and were then at work 1,0 yard ; but the other six, in violation of their e ° promise, and disregarding the lenity shown theolfd n't gone to work. It was thilrefore his duty , to 0 9 for warants for the appreheni non of the six meoLI went on to complain of the int imidation practised y el ' Union to prevent workmen from the outporta en ° into the service of this firm. ol i „Mr. Yardley said they wer ? entitled to the prate 4 1 of the law. The warrants w hich were asked for be issued. Country Markets. HA.DDINGTON CORN MARKET— JuLY .r 0 4' WiIEA T. 1 MALEY OATS. lam First BBs Od l 473 Od 36s 3d ' 1 0 Second 7Bs 4d 1 44% 10d. 1 33s 7d 1 4 45 , Third 6Bs Od 1 41s Od 1 29s Od 1 1 1)1 Total quantity of whew; in market, 270 qrs., A s barley. „ 48 qrs. , oats ,1 248 .1 4 6 beans. 111 53 qrs., PP ~ AVERAGES PER IMPERIAL QUARTER. Wheat, 3/. 13 4 11-12ths j Barley, /. 4 10 Oats, ... 11. 13 7 3-12ths I Beaus, VI. 910 DA.LKEITH GRAIN 711A.RICBT—JULY 5 ',. tf Qrs. Best. Current. 1 11 a 240 Wheat 77s 0,1 334 Oats -35 s 4kl OO5 (h 1 86 Barley 4 s 643 oos Ild .Se A w 13 Peas & beans 50s 0,1 oos 1041 DUBLIN. JULY 4; The only change we have to. report ' since Tuesdi rather improved demand for oats to-day. but we alter our quotations for any article. White wheat, 41$ Od to 46s Od ; rod ditto, 38s to barley, —e Od to —s Od ; oats, 14s 6d to 16s Od ; —s Od to —s Od per brl ; oatmeal, 16s Od to 18s Od ; dour, 23s Od to 27s Cd per cwt ; ludtan corn, 29s Od t° par 480 lbs. BIRTII:. O? 4 BOW. On the 4th inst., at Cumberland. Lodge, Win • of' Lady Mary Hood. 04 Ou the sth inst., the wife of Oetaxius Phillips, Glocestenerescent north, Porcbester-aquare. OP A DAUGAI9'IOI On the 2AI inst.. at Carlton-hill, St. John's-w' wife of the Rev. Professor Lorimer. Oa the 3d inst., at Oltibscry Hall, the wife of 3.1` Alleyne, Esq., late Captain 7th Dragoon Guards. MARRIED. On the 31 inst., at the British Embassy, Paris, ,1 Colonel Graydon, R.A.. to Ann Eliribeth, eldest ur ter of James Rolleston, Esct., Commander R.N. be d On the 3d inst., at St_ John's, Hackney, POj Walker, of Leyton and Ws Aping, to Emily, secs 0I viving. (laughter of the lati) Thomas Walker, of Co cial-road. . - DIED. It On the 4th i ns t., a t B r ighton, General Sirjefferf • dergast, M a d ras A rm y. i On the 4th inst.. au Ovington-square, Bromptottio l Veatch, Esq., M.D., Deputy-Inspector of HosPIL P I Fleets, aged 86. On the 4th faist., Mary A am, wife of Mr. Wel' 1 , wood, of Parliament-street. On the 4th inst., Williai:n Thomson, Esq., Covri tr i St. He'.e's Lancashire, :wed 34. On. the 4 th' 'inst., Sarah; the wife of Silas Gal. r i Esq.., of 52, George-street, , "Portman-square.' .1 On the Ist inst., Louisa :lf _atilday, sister of Li" General Forbes, R.A„ sigeil. 78. r. . f t l# On the 3d inst., at Brightort,: , Stitfsh, -wi d o w o a i Ribert Peake, of Waltham Abbt33,3Nssex, aged kii' On the Ist inst., at Roraford, M r .Willi ani T. "-L P il l aged . .:1. . . , On the 3d inst., at 34, A;:rlington-sireet, Patnaeir Mrs. Elizabeth Pratten, aged 64. ' j LONDON : Printed and Publ Ished by MURDO of No. 112, Strand, Printi m, at Ths 81ui 00 00 0;$1 1 Straw!, in the Precin c t ark the Savoy, in wl@ kliddieHez, Monday, July 1856. mA $E Be n Pon be! Btu: molt Kr, (wl Chi s. . 1 .\ S for I nett Jam rub this at E Thi Fi6j Perfe the ( deca This . °Per, gut reno, WAI rends twin ADE Ev .--- blish Bumf Teas kind, °file Price Plac4 guar ......_ Jib Oral Nov Ree 1%11. eon( to t val of 1