The Sun. — London, England, 1861-01-18 00:00:00

........d..... ; 3 , 17 1 1 BETFP:2I‘7 RUSSIA AND CHIN.d. In tour impression of yesterday we translated from the Journal de St. Petersbourg the last treaty whi ill Russia has concluded with China. The policy of the Court of St. Petersburg recently has entirely changed with respect to its transactions in that tart of the world. Formerly all was mystery ; no one in England knew what Russia was about in those regions. The river Amour was generally ?supposed here to be a stream quite incapable of navigation ;, but when it was frozen, or whether it ever thawed, was a matter which might be vigorously debated even among those whose duties specially required them to keep an eye upon such affairs. Russia certainly never helped us to any insight into her position. Not a month ago it was thought a wild hope when it was suggested that St. Peters burg might possibly be able to give us recent in telligence with respect to our missing prisoners, We were indeed startled now and then by some strong fact, as when Count Mouravieff's treaty stole into publicity, or when, on the occasion of some disturbance in one of the Japanese islands, it was found that 12 Russian ships of war were close at hand upon the station. Usually, however, the counsel of Russia was very closely kept, and the general tone was to the effect that nothing of any importance was going on in that quarter. All this seems to be entirely changed. Russia has become communicative and polite. Instead of being desir ous to conceal her progress in the East, she is now rather anxious to magnify her influence and her power there. We find her representative almost officiously interposing his mediation to smooth the little difficulties in the way of the Convention of Pekin ; and then, with an ostentatious though kindly courtesy, giving burial to our dead in the Russian cemetery, and banquets to our living in the Russian Embassy. Quick upon this we are allowed to participate in the advantages of the rapid transit of news to Europe which Russia enjoys by means of Tartar couriers and telegraphic wires —means which are certainly not of very recent date, although the results have hitherto been kept as Russian secrets. To complete the change, we now have a fire-new treaty published to the world as soon as ratified, and containing stipula tions which, so far as we are able, we will attempt to explain. Let us premise that we think it far better for all parties that Russia should pursue the frank and open course she now adopts. There is no special reason why we should be jealous of her develop ment in the Eastern Ocean. It cannot be expected that so vast an empire will submit in perpetuity to be cut off from the sea. She is ice-bound in the Baltic, she is treaty-bound in the Black Sea. It would be hard to prevent her from bursting forth into the Pacific. Under proper treaties and with a proper understanding she must be a better Govern ment to trade with even than the Government of our new Tartar friends. Her outposts on the north and west of China have for a long time been en gaged in the sort of work that sailors witness in remote seas when a thrasher fixes itself upon a whale. The impotent and unwieldy monster has made a few unavailing. efforts, but they were quite vain ; Russia, having access to the sensitive part, has long since thrashed China into submission. The Sinologues who watched the Pekin Gazette fre quently met with Imperial groans over the ill suc cess of the war with theßussians, and the embezzle ments of ammunition which had been intended for that purpose. We knew that something was going on up there in the North. This was a private vic timisation ; but now, when France and England are upon the spot, it is necessary for Russia, if she intends to pursue her policy, to come forth boldly, and to hunt her prey under the eyes of Europe. This new treaty is certainly a bold step in this direction. If the frontier line which it settles be traced, upon a very good map, we shall find, after reconciling the difference in names, and identifying the rivers and lakes it mentions, that it takes a very thick peel off the west and north-east of China. To us China is the oyster which by our sword we open; to the Russians China seems to present itself under the image of an onion, which peel by peel they propose by themselves to devour. They now by this treaty push forward their frontier line considerably within the provinces lying at the foot of the mountains of Central Asia—provinces which were always included within the empire of China, and they advance very close even to the densely peopled portion of the country. But their great advance is upon the nerth-east, where they have actually come twelve degrees south of their old boundary at the mouth of the Amoor, have taken in the whole of the shores of the Gulf of Tartary, bringing out their frontier line into the Sea of Japan. Of course the great desire of Russia is to creep south to get seaports which would give her three outlets to the world, awl which are not for half the year blocked up with ice. Now, at the mouth of the river Thou-mien, by enlarging the already existing town of Hwan.nh.un, they will have a port directly opposite to Hakodadi, and command ing the islands of Japan. A very slight knowledge of the map of China is sufficient to convince any ono who hears that the Russian frontier line is brought down south to the river Thou-mien that Russia, with a naval station at that point, must be practically master of Japan. Thus we three European Powers have attained in China our different purposes. We confident British, relying on our skill, say—" Let us in to trade with you." France, not very hopeful of much gain from commerce in those parts, but desi rous of a cheap dotation for a crew of importunate and unwelcome priests, says—" Take these priests and feed them." Russia, confiding in nothing but in force and arms, says—" Give me territory where I may nestle warships and whereon I may build arsenals." When Russia carries out her principles into detail she is wont, as formerly, to be more long sighted for the attainment of her objects than we are. We have been content to stipulate that our goods shall be introduced under certain moderate fixed rates, which, moderate as they are, are calcu lated to yield to the Imperial Treasury more than two millions sterling. The Russians, however, by the fourth article of their treaty, obtain that " on the whole frontier line established by the present treaty trade, free of all duty or restrictions, is esta blished between the subjects of the two States; and the local authorities are bound to give special protection to such trade and to those who exercise it." Unless, therefore, we take advantage of the " most favoured nation clause" in the Treaty of Tien-tsin, the advantages which Russian cloths possess in China as against our woollen manufao tures will be retained. In providing for the carrying out this treaty the Russians have also been very careful not to em barrass themselves with the necessity of providing passports from Chinese Mandarins. The new treaty provides that Russian merchants, even in companies to the n umber of two hundred, may travel in China on commercial business with no further passport than a Russian certificate. Wherever they go these Russian merchants are to carry the Russian law about them, and the Chinese local authorities are bound to respect the rights mid to enforce the obli gations of a Russian subject. Such is the treaty which Russia has obtained in reward for her media tion and civility; and by means, perhaps, of a little tact in insinuating her request at a favourable mo ment Russia has got more than we have, and with out paying 12 millions for the prize. We do not want permanently to keep a large fleet in the China Seas, and therefore we do not much grudge to Rus sia the acquisitio n of the shores of the Gulf of Tar tary. Indeed, if we bad had auy such object in view, we would rather havekept Cnusan than have all these hundreds of leagues of coast line. But Russia has got absolute free trade over the land frontier, while we have to ply duties ; an d R ussia grants her own certificates to companies of her travelling merchants, while we exercise our treaty privilege under the visa of a local Chinese M an . darin. Upon the whole the Russians have the best of it.---Times. [ADVERTISEMENT.]—We extract a few out of the many thousand expressions of gratitude from invalids cured with out medicine by Du Barry's delicious Revalenta Arabica Food :—Cure No. 71. The Right Hon. the Lord Stuart de, Decies, of many years' dy s p e p s i a an d a ll it s h orror s.—Cure No. 49 , 832. "Fifty years' indescribable agony from dys pepsia, nervousness, asthma, cough, constipation, flatu lency, spasms, sickness at the stomach and vomiting, have been removed by Du Barry's excellent Food. Maria Joly, Wortham Ling, near Dias, Norfolk."—Cure No. 47,121. Miss Elizabeth Jacobs, of Nazing Vicarage, Waltham Cross, Ferta7aeure of extreme Nervousness, indigestion, ga th er ings, low spirits, and nervous fancies.—Cure ' No. 48,314. Miss Elizabeth Yeoman, Gateacre, near Liverpool, a cure of ten years dyspepsia, and all the horrors of nervous irritability. Avoid Pills and Medicines: they invariably aggravate and perpetuate diseas sa the; their annoyance, disapp o i n t men t, and expense may be avoided by using Du Barry's Food which, at a few pence per day, saves 50 times its cost in other remedies, removing effectually, without purging, constipation, indigestion (dyspepsia) nervous, bilious and liver complaints and all their Consequences. Certificate No. 36,418. We find it the safest remedy. Andrew Ure, MD., F.R.S., Dr Harvey, Dr. Wuxzer, Dr. Shorland, Dr. Campell. Let invalids avoid the fearful dangers of spu rious and injuriou-i imitations offered under a variety of false pretences. Novill's imitations are prohibited by the high Court of Chancery under a penalty of £5,000 against Alfred Hooper Nevin and his agents ; and the pretences that Nevill has a patent for Arabica Food and that Du Barry's are connected with such patent are utterly fake. No canister is genuine without the name Barry Du Barry and Co., 77, Regent-street, in full, ontheseal and wrapper. shopkeepers who attempt imposition in one article must expect to be distrusted in all others. Packed in tins 11b. 2s. 9d.; 21b. 4s. 6d. 61b. ; 121 b. 228. ; 241 b. 40s. The 121 b. and 241 b. can is t ers are. sent carriage free on receipt of Post-office order by Barry Du Barry and Co., 77, Re' gent-street, London; Fortnum Mason, and Co.; Abbit, 60, Gracechurch-street ; 4, Cheapsida ; 63 and 150, Ox bard-street ; 330 and 451, Strand; 49 and 60, Bishopsgate street ; Batty, 16, Finsbury Pavement ; Phillips and ( ` o. tea•dealers ; Petty, Wood, and C o ., King Williara-strce,t City; M 127, Watt liolkwrn; and all grocers, COURT OF COMMON COUNCIL. The members of the Common Council of the city of London held a Court yesterday in the Council Chamber, Guildhall. The Right Hon. the Lord Mayor presided. DISTRESS OF THE LABOURING POOR. Mr. CONNELL then proposed that the sum of £l,OOO be voted by the Court towards a general fund for the relief of the suffering poor of the city of London, inclusive of the coalwhippers and fel lowship porters, the same to be placed at the dis posal of the Coal, Corn, and Finance Committee, and that the citizens generally be invited to con tribute to the amount to be distributed. He said that he felt gratified that the Court had allowed the motion to be taken out of its order, and he felt as sured that the matte r was one which would commend itself to every member, and that it was quite unnecessary for him to go into the subject at any length. They were all aware of the great and almost general distress that prevailed at the present moment among the labouring classes owing to the inclemency of the weather, and he was sure that in this Court, which was perhaps celebrated above all other things for its sympathy for distress and a desire to alleviate it, he should have no difficulty on the present occasion in inducing it to come forward and alleviate . that wide-spread misery which unhappily prevailed at the present moment in the city of London. He had himself been that day to some of the water-side districts, and he could assure the Court that the state of destitution in which large numbers of working men were placed was quite dreadful to witness.. He had also received a letter from the Rev. Mr. Atherton, incumbent of St. James's parish, Ratcliff, in whi c h he stated that in that neighbourhood the state of distress was so great that many shops where provisions were sold had been plundered, and that a great many other shops were being closed by their owners for fear they should be similarly treated. Mr. COCKERELL seconded the motion, and said he felt it unnecessary to add anything to what had been stated by-Mr. Connell, as he was sure that every member 'of the Court must be aware of the great amount of distress that prevailed. They all knew how his lordship and his brother aldermen in their magisterial capacity had exerted themselves to alleviate this distress, and he felt assured that this court would not be behindhand with them in such a matter. He could bear testimony, from his own knowledge, to the great distress that prevailed among the coalwhippers, and their committee had voted £4OO for their relief, which was all that the state of their finances allowed them to offer, but this sum was greatly insufficient for the required purpose. Deputy ELLIOTT said that while admitting the existence. of distress to a great extent at the pre sent moment, and entertaining an anxious desire to alleviate it as much as possible, still he could not help feeling that the proposal for giving so large a sum as £l,OOO was one that ought not to be enter tained. He must look at the question as any prac tical man would, and he was satisfied that broad handed charity like this was calculated to do more harm than good. He must at the same time state his opinion that the distress was not so extensive as it was alleged to be. He had made inquiries at one of the City unions, and was informed that the number of inmates was only twenty-seven larger than for the corresponding period of last year, and one of the officials, a man of great experience, stated to him, in reference to the money th a t was being expended in charity, that it was sufficient to demoralise the entire working population. He believed that the Poor Laws were quite sufficient to meet the emergency if they were properly ad ministered. (so, no.) If anything additional was required let it be done upon a moderate scale, and not scatter money about in this manner. The dis tress was to a great extent occasioned by the frost, but in all probability the frost would not last much longer, and then there would be an enormous demand for labour, and they might not be able to obtain it if the labouring population got money by the means now proposed. He had no desire to stop the cur rent of benevolence, but he did wish that the court should look at the matter as practical men would do, and that they would act in reference to it, as they would in any important question having reference to their own affairs. He said that many of the men now out of employment had been earning from thirty to forty shillings per week when at work, and it was their duty to have laid by some portion of their earnings. He con cluded by proposing as an amendment that £lOO per week be granted by the Court for the pur poses stated in the motion, so long as the frost lasts. Mr. JoriNsoN seconded the motion. Mr. Deputy PEWTRESS supported the amend ment, and at the same time observed upon the system that had been adopted of turning their courts of justice into relieving offices which he said he considered most objectionable. No doubt a great number of people were out of employ at the present Limo from aceident.l eireumstane.s, hut he belie-v(4 that if the Poor-law was properly carried out it would be found quite sufficient to remedy the evil. Mr. REED, in supporting the original motion, said that the object of it was to prevent the neces sity of compelling. an honest labouring man front becoming a pauper and applying for parish relief. (Hear, hear.) Many a respectable working man who was now suffering the greatest privations would do anything rather than apply to the parish; and the fund that was now proposed to be raised was intended to be devoted to the relief of such persons. As to what had been said by the honourable member about the police courts being turned into relieving offices, it appeared to him that, instead of being any discredit, it was an honour to any magistrate who assisted in relieving the distresg of the people in his district who were deserving.of such a course of proceeding, and that Mr. Alderman Mechi and Mr. Alderman Allen, and other magistrates of the city of London who had interested themselves in this• wanner, were deserving of the thanks of their fellow-citizens for so doing. (Hear, hear.) Deputy HARRISON then suggested that the better course would be for the Court, instead of granting £l,OOO at once, to consent to give 1:50 or 1:100 a-week to the Minsion-house and the Guildhall Police Courts for as long a period as the Lord Mayor should consider necessary. Arrangements were made at both these courts for dispensing relief, and he believed the course he proposed would be found a satisfactory one. Alderman HALE said he thought the Court ought to be careful not to take any steps that might be calculated to stop the flow of public benevolence, and he suggested that £5O per week to each court would proeably be found sufficient. Mr. BO;NE objected to the money being dispersed through the medium of the police courts. There was a sort of general scramble for it,.and the result Was most unsatisfactory. • Mr. LAWLER supported the original motion. Alderman ROSE said he was of opinion, that the course proposed by the amendment would not have the desired effect. There was an extraordinary and sudden pressure, and this could not be met by doling out £5O or £lOO per week. • Mr. Alderman and Sheriff ABBISS said that, as the chairman of the City of London Union, he could state that the Board of Guardians did all in their .power to alleviate the distress that prevailed. They were, no doubt, empowered to levy rates to any amount they considered necessary, but he could state that: a great deal of the distress that now existed was among persons who never would apply for relief as paupers, and it was to relieve such per sons as these that was the object the court now had in view. (Hear, hear.) Deputy BOWER said he could speak from his per sonal knowledge of the very great distress that prevailed among the coal whippers at the present time. The men and their families were starving by hundreds, and it was impossible that any Poor. law couldineet 'such a state of things. . Alderman DAKIN said that the Court were all agreed in granting relief, and the only question was how to do so in the most judicious manner. With regard •to the coal-whippers, he said it ought not' to be forgotten that at a period when there weie public disturbances, and the peace of the City of London was endangered, these men came forward in a body, and volunteered to be sworn in rrs special constables. (Hear, hear.) Mr. H. L. TAYLOR said he should be most anxious to assist in, any proposition for.alleviating the pre sent distress; but he doubted whether either of the propositions that had been made would have that effect ; and he suggested that - the Lord Mayor, as the head of the Corporation, should convene a public meeting of bankers and merchants to consider the subject. He was sure, from his known character, that he would be too happy to takeany course that was for the benefit of his poorer brethren, and the effect of such a meeting would be, that large - sums would be raised. Mr. CONNELI then replied, and the original motion for the grant of £l,OOO was put to the Court, and carried by a large majority. It was then proposed and seconded, and carried unanimously, that the Chamberlain should be appointed treasurer to receive the contributions of the public in aid of the grant. The Lord Mayor subsequently announced that the Coal, Corn, and Finance Committee would meet in the evening at the Mansion-house, to c o n s id er what steps should at once be taken to carry out the views of the Court in alleviating the existing distress. A report __ and City was made by the Law, Parliamentary, Courts Committee, by which it appeared that a rule nisi had been obtained in the Court of Exchequer, calling upon the authorities of the Lord Mayor's Court to show cause and establish their THE SUN, LONDON, FRIDAY EVENING, JANUARY 18, 1861 right, under the process of that Court, to attach property about to be shipped abroad. Mr. Cox said that the privilege of attaching such property was a very important one claimed by the Lord Mayor's Court, mad it was very necessary that the Corporation should support their rights. He moved that the matter be referred back to the com mittee to take legal advice and adopt any proceed ings they might consider necessary to support the rights of the Corporation. The Court shortly afterwards adjourned. done with it was filled up tightly with rubbish. They had never been in the habit of using mortar to stop the spoutholes, though no doubt with plenty of mortar it would be possible to stop them more tightly than at present. The spoutholes, however, were very likely to creep together, and squeeze out a wall. Occasionally there was a scarcity of trams (for carrying the coal from where it is cut to the bottom of the shaft), and in that case the coals which had been cut would lie about, thus reducing the size of the airway (thereby reducing the column and the velocity of the current of air). This witness was still under examination when our parcel left. rather " sluggishly;" he had gone twice as fast in coming through the cutting. After some further evidence to the same effect, the jury returned a verdict of accidental death. Mr. Hargreaves, of Manchester, spoke in high terms of the attention of the medical men, and thanked the jury for their patient investigation. A SERVANT STARVED TO DEATH. The town of Henley-on-Thames has for several days been in a state of excitement from reports which had been freely circulated that a young woman who had lived in the service of a gentleman had died from starvation. Inquiries were set afloat, and the following par ticulars have been gathered :—Mr. Robert Durno Mitchell, who is a retired naval surgeon, occupies a house in the suburban part of lleuley, catled New Town. The site is pleasant, but, as a tolerably high wall surrounds the house, only the upper part of the building can be seen by persons walking along the road. In the month of August last a young woman named Clarke, about 24 years of age, was hired as a domestic servant to Mr. Mitchell, and she entered upon her situation in the same month. Mr. Mitchell has a wife and children, and the habits of the family appear to have been those of seclusion. The gate - in front of the house was kept locked, and the servant could seldom be seen. The young woman Clarke was taken very ill at the beginning of the present year, and she was subse. quently removed to the Henley Union Workhouse. Her appearance satisfied the officers of that estab lishment that she was in a state of starvation; and this opinion was confirmed by the avidity with which she ate the food given to her. The medical officer of the union was called in to see her, and he found her to present all the appearances of being in a state of starvation. In addition to that she was very dirty, and exhibited altoge ther signs of having been fearfully neglected, both with regard to food and other comforts of a domestic servant. Every attention was paid to the poor creature, but she became delirious, and, though she was subsequently more rational, her system was too far exhausted to be recovered, and she died on the 9th inst. The medical officer, Mr. Jeston, having stated that he believed death to have reßnited from a long deficiency of food and nourishment, the authorities deemed it right for an investigation to be made into the case. The de ceased, though 24 years of age, and about five feet in height, only weighed 501 b. after death—sucn was the extreme emaciation of her body. It was reported in the town that not only was the deceased kept short of food, but that the bed for her to lie on was little more than straw, and it is feared that there is some truth in this statement, four of her toes having been found frostbitten and in a state of gangrene. The inhabitants of the town were very indig nant at the conduct of the deceased's master, and nothing but the strictest inquiry would seem to calm them. An inquest was accordingly opened on Tuesday before Mr. Hews, the mayor and coroner of the town, and after taking voluminous depositions, in which three medical men expressed their decided opinion that death was the result of starvation, the jury returned a verdict of "Man slaughter" against Mr. Mitchell. A magisterial investigation into the case took place at the Town-hall on Tuesday. Mr. Charles Lane was chairman, and there was a full attendance of magistrates from the neighbourhood. Mr. Mitchell, in whose service the deceased had been, was taken into custody, and brought before the Bench. Mr. J. 0. Griffits, barrister-at-law (instructed by Mr. Lediard), was retained to watch the case on behalf of the accused. After some preliminary proceedings the following evidence was taken : Elizabeth Clarke, of Crown-place, Reading, stated that the deceased was her niece. 'I he last time she saw her she was in good health. The deceased lived with Mr. Sharpe, draper, Minster-street, Reading, for a year, and she left there to go to Mr. Mitchell's, at Henley, five months ago, being at the time in good health. Martha Clarke, stepmother of the deceased, was next examined, and she appeared much affected at the sad end of her daughter-in-law. She stated that about three or four years ago the deceased was at home for two or three months, being unwell, but since then she bad been in good health, and kept out in her situations. The last time she saw her she was in as good a state of health as a person could wish to be. Ann Godby, the wife of a letter-carrier, deposed that she frequently passed Mr. Mitchell's house, and for a time delivered milk there, but never saw the deceased, although she always took the mi3k of her, the wall in front of the house being too high to admit of their seeing each other. She always handed the milk up to the deceased. On Eeveral occasions, at the request of the deceased, she had purchased penny loaves for her, and passed them over the wall to her, but she could not see her on vt the neigut, uf Lne wall. one saw tne deceased once after Christmas, and she looked very bad. JANUARY 17. After the despatch of yesterday's parcel Morgan Beddow, an assistant-fireman was called, and his evidence carried the inspection of the third and fourth east districts to within two hours and a half of the time of the explosion. He descended with the men to work between five and six o'clock in the morning, and went his rounds in the ordinary man ner. It was close upon seven o'clock when he visited Sage's stall (where the " blower" is supposed to have come off), and at that time there was not the slightest indication of fire-damp there. Beddow was in the pit when she fired (in miner's language a'pit is always feminine), and in all probability he owed his life to a quarrel with his father, who is a head fireman on d u ty d ur i ng th e d a y. After finish ing his rounds he met the old man at the bottom of the slope, who asked him to go with him" a-dial ing"—i.e,, surveying. Young Beddow, however, as it was Saturday, wanted to get away early for an afternoon's amusement in Newport, and refused, on which the father got angry, and bade him get out of the pit:as fast as he could. They had parted about five minutes, and young Beddow was just going up the slope to the bottom of the shaft for the purpose of ascending' when the explosion took place. He was thrown forward some yards by its force, though not seriously injured, but the old man who had gone forward into the workings was killed. Beddow was also !examined as to the state of the " goaves," which he maintained were firmly packed in; and as to the " rippings" behind Sage's stall, the open space thus formed he said had closed up by the squeezing together of the roof and flour. He had that morning tried for gas there as far as it was possible to get in, but there was none. The ventilation of his district was very good that morning. This morning Mr. Phillpotts, the manager of the company, was called and examined at great length, but, as he did not interfere in any way with the underground management, his evidence threw no new light upon the causes of the accident. Mr. Harrison, the viewer, had power, he said, to carry on the underground operations ac. cording to his own ideas, but, of course, he would not have power to undertake any extraordinary outlay, such as sinking a new shaft, or placing a furnace, without consulting him. The ventilating machine was set up at his recommendation, after consulting Mr. Dobson, an eminent engineer of the neighbourhood, who made a report on the best means of developing the resources of the colliery. In that report Mr. Phillpotts allowed it was recom- Mended to sink a shaft to the deep workings, for the purpose of making a new colliery of the affair, which, when connected with the old workings, would greatly improve the ventilation. This, how ever, would have taken some years to do. All Mr. Harrison's requirements, he asserted, had been car ried out, nor had he ever refused to give effect to any of his recommendations on account of expense. He himself had had no experience of underground workings. Of course there had occasionally been gas present in the mine, but he had never heard of lamps getting redhot, or of the men being obliged to put them in the windways to coca them. to say what was the cause of death without know ing more of her previous history, but the appear ance of the body was consistent with the hypothesis that the deceased died from starvation. The symp toms mentioned, as far as he knew, were consistent with death from starvation. By the Chairman—Although the deceased told him at Mr. Mitchell's that she had plenty of food, yet if he had accompanied her to the workhouse and seen her eat her food with zest, he should have doubted the truth of her statement. Mr. G. Dranesfield Brown, surgeon, was also examined. He stated that he assisted in the post mortem examination, and quite concurred in the conclusions:of Mr. Jeston. There was no disease sufficient to account for the death. In his judge ment death was the result of starvation. James Sumner, a shoemaker, dsposed that he was in the habit of going to Mr. Mitchell's house. Some one else came with the deceased to the gate, which was fastened on the inside. On the 2d of January he saw the deceased, and she appeared to be in a very weak state. She tried to unfasten the gate, but could not succeed. He particularly observed her to be in an extremely weak state. William Cobbett, another person who had fre quently gone to the house, was called, and gave similar testimony. Mr. Griffits, having learnt that it was the inten tion of the bench to send the case before a jury for trial, said he should reserve his defence. The Chairman said, from the evidence adduced they had no alternative but to send the case before a jury, and Mr. Mitchell would therefore be com mitted to Oxford Gaol for trial at the ensuing Lent assizes. Application was made for bail, and the Bench stated that they would accept bail, Mr. Mitchell in the sum of £2OO and two sureties at £lOO each. The inquiry lasted six hours, and during the whole of that time the Town-hall was densely crowded. The remains of the poor girl were in terred in the afternoon of the same day in the ground adjoining the parish church, and a large crowd followed the corpse and were present at the funeral. LA JP INTELLIG LANCE.—Jan. 17. COURT OF COMMON PLEAS. Sittings in Nisi Prius in Middlesex. (Before Mr. Justice Byles and a Common Jury STEWART V. EIRCII.-SINGULAR PLEADINGS. The plaintiff, Miss Stewart, sued the defendant, Dr. Birch, to recover damages, and both parties appeared in person. Miss Stewart was about to address the jury when his lordship interrupted her by saying that the record was a very singular one, and he could not understand it ; the best way would probably be to have it read. Mr. Jones (the associate's chief clerk) accordingly read the document, which was in these terms : "I, Ann Anna Maria Stewart Stewart (of Stewart), late of 9, Ann's-place, Sloane-street, Chelsea, S.W., plaintiff, sue Scholes Butler Birch, the defendant, of Kensington gore Lodge, and 217, Piccadilly, (in the parish of Chelsea) ; who has been summoned to answer me, and to enter an appearance within eight days at the office of the Court of Common Pleas, Chancery-lane, for that the defendant heretofore, to wit, on the '23d day of Sept. ? 1860 (and may be previously) did publish of and concerning the plaintiff that she was "basterdie maniacal," being a false and scan ' dalcus libel, the defendant having addressed the plaintiff as "illegitimate" re and issued judgment; the above organised and acted out against the plaintiff, who has suffered special damage as follows :—The special damage was alleged in this way. Administratrix of three wills of plaintiff's father's, mother's, and uncles, having suffered under leaving and leaving, and leaving, three lodging houses ejected from by defendant's medical orders. "In these licensed lodgings treated as if lunatic in a private house. Threat If the plaintiff succeeded in getting (as her right, a private house, he, the medical man, would take the credit of it;' the plaintiff deprived of money in hand and in command. " The defendant having been called in as a private physi cian to Mary Stewart, the plaintiff's sister, he threw her and the plaintiff on the public under the alluded to scandal. By means of the said scandal of the defendant, Dr. Birch, the plaintiff had been greatly injured in her good name, fame, and credit, and brought into public scandal, infamy, and disgrace, and the plaintiff has been, and is, by means of the premises otherwise greatly injured and damni fied to the damage of the plaintiff, £ s. d., and therefore the plaintiff brings suit, claiming unliquidated damages from the defendant Dr. Scholes Birch. " Signed by A. A. M. S. STEWART. " To Dr. Scholes Butler Birch, 184, Sloane-street, Chelsea S.W., 20th Dec., 1860. " N.B.—lf within eight days the defendant does not plead the plaintiff can sign judgment." To this the defendant pleaded : " In reply to the extraordinary charge of scandal brought against me by A. A. M. S. Stewart, I, Dr. Scholes Butler Birch, have merely to express my extreme surprise that Miss A. A. M. S. Stewart should have entertained such an ima ginary idea without even a shadow of foundation • it ap pears, therefore, unnecessary for me to add that I give a most unconditional denial to the charge, and that I cannot conceive what motives have induced Miss A. A. M. S. Stewart to subject me to annoyance and inconvenience. " I am at present from home, but shall be returning very shortly. If Miss A. A. M. S. Stewart wishes to withdraw from the course which she appears to have decided upon Dr. Birch will be at Gore Lodge, his residence, on and after Monday next. the 31st peceraber, " SCROLES !SUTLER BIRCH, M.D." "The plaintiff joins issue on tho defendant's plea, there.. fore let a jury come." Miss Stewart then addressed the jury, making several disconnected statements in reference to the defendant. Mr. Justice Byles said, as far as, he understood, Dr. Birch was charged with publishing a libel, but there was no writing. The best thing was for plaintiff to be non-suited, but if she insisted upon going to the jury, he must direct them to find for the defendant. Perhaps the defendant would con sent to put an end to tne matter at once, it would save the plaintiff expense. Miss Stewart said she could draw on the treasury for the expenses. Frederick Brooker, a carter, stated that during the last harvest he was in the habit of daily carry ing milk to Mr. Mitchell's house. He did not know the servant girl, as he was accustomed to give her the milk over the wall. He never went beyond the gate. By her desire he had frequently bought her penny loaves, and given them to her over the Mr. J. W. Jeston, surgeon, examined—On Satur day, the sth inst., he was called in to see the deceased about eleven o'clock in the forenoon. He found her exhausted and very much emaciated. He asked her if she had had plenty of food, and she replied, " Plenty." She said she was suffering great pain. He examined her and found her extremely emaciated. Her skin was brown, and still dirty underneath. The ex t rem iti es of both great toes were black and also four others ; they were black from mortification and frost-bitten. There were also several blisters on the soles of her feet. On the forehead was a contusion as if from a blow or a fall. Her mind was collected, and she rationally answered all the questions which he put to her. She complained of extreme debility. Her body presented the appearance of having suffered from the want of food. (Sensation.) He ordered that wine, arrowroot, and gruel should be given to her. On Tuesday he found her worse, and that she was not likely to live 24 hours. He never saw any human being so much emaciated as the deceased. He quite expected the delirium. _Delirium fre quently takes place from suffering from want of food. His impression was that the deceased was in a state of starvation when he first saw her. He made a post mortem examination of the body on Friday last, at two o'clock. He found the body extremely emaciated. The convexity of the spine appeared pressing on the abdomen. Four toes on the right foot and two on the left were in a state of gangrene or mortification. The brain and the body were both healthy; the right lung was partly adhering to the wall of the chest, apparently from some previous attack of pleurisy. The upper part of the intestines were partly filled, apparently with food, like gruel and wine. The lower extremities of them were in a state of semi transparency. The liver was dark and congested. The gall bladder was full of bile, having the natural appearances. The body was perfectly free from disease. He did not believe that the diseases re ferred to were sufficient to cause death. In his judgment he could not attribute her death to any other cause than a long continuance of the want of food and nourishment. (Sensation.) Cross-examined by Mr. Griffith—He did not form the opinion that the deceased suffered from starva tion so much from his first seeing her as from the examination of her body. He did not know from his experience that persons who had died appa rently from starvation had the same appearances as those dying from food not assimilating with the system. He neverheard of such cases coming on in so short a period of time. He relied on Mr. Mit chell's statement, who was a medical man, as to the time she was taken with such debility. When he formed that opinion he had not seen Mr. Mitchell. He came to that opinion from her appearance, the answers which she gave to him, and the report made to him by the nurse of the avidity with which she took her food. The length of time had nothing to do with his opinion, He never before made a post mortem examination of a person known to have died from starva tion. Tie gained his knowledge of such cases COURT OF EXCHEQUER. from reading. His authorities were the Lancet, Sittings in Banco, before the Lord Chief Baron, Professor Taylor, and general reading. The signs ' and Barons Martin, Bramwell, and Wilde.) of death by starvation are extreme pellucidity of the intestines, almost amountin g t o transparency , ESCOMBE AND ANOTHER V. HEUGH AND ANOTHER, frequently to discolouration of the skin, delirium, Mr. Baron Martin delivered the judgment of their At the sitting of th e Court this morning, and all the internal organs app ear i ng h ea l t h y; ex treme emaciation is also present. He never attended lordships in this case, argued yesterday. It was a the post mortem examination of a person who had demurrer to a plea in an action brought against the died through food not havi ng ass i m il a t e d w i t h th e defendants, ship and insurance brokers at Man system. He did not believe that the skin would be cheater, who had, through their agents, Messrs. discoloured in such a case. It was likely that the Lingard and Co., entered into an agreement with intestines would have been much the same. Look- the plaintiffs to ship certain goods on board the ing at the state of all the organs, he came to the Warrior Queen for Calcutta, which was to sail on conclusion that the deceased died from starvation, a specified date. The question turned on the mean- By the Chairman—A great many more cases ing of a letter written by the agents of the defend happen of death from starvation than through food ants—whether this letter involved a guarantee that not assimilating with the system. The latter cases the vessel would sail on a certain date. The de were rare. He cou ld no t come t o a d e t erm i nat i on fendants had demurred to this plea, and th e C ourt until he had m a d e an i n t e rnal exa m i na ti on . was of opinion that the demurrer w as goo d , and Wasting away was c alled atrophy; but th a t was that the defendants were entitled t o j u d gment. the result of some disease, and not a disease itself. Judgment accordingly. Mr. A. D'Oyley Brooks, surgeon, stated that he (Sittings at Nisi Prius, before Mr. Baron Bram concurred with Mr. Jeston's evidence, with the well and Common Juries.) HAYTER V. KILPIN — BILLS OF EXCHANGE. LONDOS : Panted and Publi s h e d by 31IIRDO YOUNG, of exception that he did not think that the toes were No . 112, Strand, Printer, at THE Sux Office, No.ll2,Strand, in a state of gangrene. There was no organic dis- This was an action to re in the Precinct of the Savoy, in the Co un ty o uniddi en s fficient to 40001111 t for death. He was einAtirlei et exchange for AiQ cover the value of three ease eu 0, and 420 IQ6I Fri vi ialmuo 160. Dr. Birch said he was ready to adopt the sugges• tion if the plaintiff would promise to abstain from annoying him. Miss Stewart, in an excited manner, addressed Dr. Birch, saying that she could call God to wit ness that though she did not see him do it he had written what she had stated; and she hoped God's judgment would fall on him. Her sister could confirm her. The sister eagerly answered in the affirmative. Mr. Justice Byles was about directing a verdict for the defendant, when the plaintiff, acting on an intimation that he was ready to hear anything wh;ch could be proved, said she would call a witness. Mary Ann Lawford, a servant girl, was accord ingly sworn, and the first question the plaintiff asked was this :—" When I was at 46, Ann's-place, and my sister and I complained each morning, for two or three mornings in succession, that instead of being refreshed with rest there was pain in our spines, do you remember what your remarks to us were about the doctor ?" Mr. Justice Byles said the question could not be put, for it referred to what passed about the defen dant behind his back ; and having given a similar decision as to several other questions, he said that he should direct a nonsuit, and then if the plaintiff had any complaint against Dr. Birch she could come again. Miss Stewart said it was her wish to come again against Dr. Birch. A nonsuit was entered. Miss Stewart having in vain sought to induce the judge to advise her as to her future course, left the court, saying that she had been to six lawyers, and the law was set against her. LEADER AND ANOVIER V. RHYS.-LOAN OF PIANOS. The plaintiffs in this case, Messrs. Leader and Cock, the musicsellers and publishers of New Bond street, sued to recover a sum claimed for the hire of two pianos lent to Captain Horton Rhys during his entertainment, and also claiming damages for detention of the instruments. The defendant paid £6 108. 6d. into court. Mr. Sergeant Parry and Mr. Kelly appeared for :he plaintiffs, and Mr. Collier for the defendant. Statements were made pro and con, and it ap peared that the action was brought on the 10th of December last, and the instruments were delivered up on the 31st. It was admitted that the sum paid into court covered the claim for hire down to the time when the action was brought, but it was disputed whether the sum paid in liquidated every thing due on that account. Along discussion ensued upon technical points, but the result was that a verdict should be entered for the plaintiff—damages THE lUSCA COLLIERY .EXPLOSION. RISCA, TUESDAY, JAN. 15. Yesterday afternoon, after the despatch of our parcel, and this morning five or six other miners were called, who gave evidence of . a similarly favourable character as to the condition of the mine. Several of them had worked in the eastern district close to the seat of the explosion, but by none of them had any signs of the presence of gas been dis covered up to the time of its occurrence. The report was the same with regard to the west side. None of them however, had heard the blower, the existence of which at present rests entirely on Mr. Harrison's evidence. In all cases the lamps were proved to have been locked by the proper officer, and no de parture from the rule which provides that where a lamp is extinguished in the process of working it shall be taken back to the top of the slope to be relighted was proved to have taken place. Several of the witnesses spoke of the current of air in the mine . being thoroughly sufficient; in fact, some times so strong as to be inconvenient and almost put out the lamp. Derrick's account of his journey through the east workings the night beitre the ex , plosion was corroborated by miners who had met him at various points on his rounds. Samuel Jones a timberman, was at work all night in the cross heading close to Sage's stall, where the pit fired, but saw nothing to excite his suspic,ons. There appeared to have been a small fah in the roof of this stall, and Mr. Owen, by his cross examination endeavoured to show that gas had accumulated from it, but none of the men had ever found any there. Gas had been seen from time to time in different part of the workings, but when this was discovered, according to the evi dence, it had been usual to remove the men until the air had been coursed through the place, and the gas swept away. No evidence was obtained as to infractions of the colliery rules, with the exception that one of them admitted that he had been allowed to wander about the workings looking for his tools, or for other pur poses, without any check from the viewer, though one of the rules prohibits men from roaming about without special permission. One of the witnesses identified the lamp of which mention was made by Mr. Harrison, with a pick-hole in the gauze. It was found some hundred yards from the seat of the explosion, and on being produced. Mr. Brown, the inspector, remarked that the hole appeared much larger than it was when first brought up from below. It seemed as though some one had been trying whether a mandril or pick would fit into it, and had thus enlarged it. Mr. Llewellin, for the company, said he was pre pared with abundant evidence to show that it had not been tampered Joseph Adams, a collier belonging to a neigh bouring mine, who descended the pit immediately after the accident to render what assistance he could, gave a long account of the operations in which he had taken part for the recovery of the bodies in the first few days. By far the greatest number of men, according to his account, were choked by the after-damp, not many were very badly burnt, and some he had four d crushed by the falls. Fifty-two men were found lying dead altogether. They were at work on the west side, and were making the best of their way, after the explosion, to the downcast shaft, wh en th ey were stopped by a fall, and before that could be cleared away the after-damp overtook them and poisoned them. Adams, when questioned as to his opinion of the cause of the explosion, attributed it to the accumulation of gas behind the stalls where Sage and others were at work "ripping back"—i. e., taking away as much as possible of the 12 feet pillars of coal which in the first operations are left standing between each stall. In "ripping back" the men begin at the most remote end of the pillar, and work forward to the heading, leaving open space or "gobs" behind them. When all the pil lars are removed, the district then becomes a " gob," " goaf," or old working of larger or smaller extent, which is shut off astightly as possible from the rest of the workings, so as to prevent the oozing out of the gas generated therein. Adams said he had been informed by Joseph Hall, one of the men who worked in the thin east level, that there was no air carried round the back of these " rip pings." The consequence of this, in witness's opinion, would be that tine gas emitted from the " gob," which daily grew larger and larger as the men worked forward, would be accumulated in the roof, and, by some means or other, tired from the lamp of one of the men there employed. The .evidence of this witness brings into view a second cause of explosion. Mr. Harrison, the manager, attributes it to a sudden discharge of gas. Adams puts it down, on the contrary, to the gradual accumulation of gas in the space lei t behind by the men in taking away the pillars from the back of the stall to the heading or gallery from which the stall starts. As to the precise manner in which the gas, however produced, was fired, no evidence as yet has been brought forward. In reference to blowers, this witness allowed that when he had been employed in the pit some years ago, he had known of three blowers suddenly making their appearance. SAN. 16. After the despatch of our parcel yesterday, Joseph Hall was called to confirm the hearsay evidence given by the preceding witness, Adams, as to the inadequate ventilation of the "rippings" in the fourth east district. His account, however, of the conversation by no means agfeed with what had been reported of it. It turned out that some time he had been at work driving a windway near these rippings, and his conjecture was that the sides of this windway had been squeezed together by Hall. `I he current of air was weakened or stopped alto gether, and a sudden blower coming off, it had over powered the ventilation. He himself had seen a blower some three months before, which was so strong that it fouled the air for 20 yards to wind ward—that is, instead of being swept away by the ventilation, it had forced its way against a current of air, which was there going at the rate of from sto 7 feet per second. The work was, of course, stopped in that particular spot, and a spouthole or narrow passage driven through into the neat stall so as to carry the gas off. Hall was questioned as to the ventilation of the open spaces left behind by , the men in taking out the pillars, but did not ap pear to think it practicable to sweep a current of air through them, inasmuch as the roof and floor were so bad that they very soon squeezed together. He explained the mode of ventilating these rippings by means of spoutholes driven through the 12 feet pillars from one stall to another, so as to carry the air well up to the face of the work, and could not take upon himself to say that any better mode than this could have been adopted. John Sims was employed in driving a windway in the first cast district, and on several occasions had met with gas in that operation. It was impos sible altogether to avoid this, for the brattice which carried the air along in this work could not be car ried up to the face of the work. In such cases it was usual for one man to hold the lamp some 5 or 6. yards back, while the other man cut away the coal. On some occasions he had known the lamp get redhot. If the wind were at any time slack the foreman, on complaint being made to him, would immediately - do all in his power to remove the cause of it, whatever it might be. This morning the examination took place of several colliers belonging to the mine, who had been at work in the mine, and who gave the same account of the absence of every sign of danger, and of the confidence of the men in the arrangements of the mine and the power of ventilation. Several of the men had been at work when the pit fired. They were made aware of it by a sudden check, in some places by a reversal of the current owing to the partial vacuum produced by the explosion, and by a ringing noise in the ears. All caught up their lamps and made as fast as possible for the bottom of the downcast shaft, meeting more or less of the after damp in their flight, which killed their weaker comrades by the way, and affected even those who were fortunate enough to escape severely. One poor boy was called, who started with his father from the most distant part of the working, and when they had almost reached safety a strong column of the after damp met them. The old man told his son to lie down, and both went quickly off into the lethargy which is produced by this deadly com pound. How long they lay in this state thesurvivor could not tell, but he was revived bya sudden resto ration of the current of air. He groped about in the dark for his father, but could find him nowhere, and when he was reached by the mem who were searching for the sufferers the old man was found quite dead at the bottom of a short incline. Thomas Purnell was called, and stated that he had worked in the neighbourhood of the stall where the mine fired, and some months ago had met with a blower there. He could not get near enough to hear it, but he knew of its presence by the cap of flame on his lamp. Being cross-examined as to the manner of driving the ways, he said the brattice was never more than three yards from the face of the work. The spout holes from stall to stall were generally from 28 yards to 30 yards apart, and whenever one was THE FATAL RAILWAY ACCIDENT NEAR LINCOLN: DEATH OF ANOTHER SUFFERER. On Wednesday afternoon an inquest was held upon the bodies of the engine cleaner and passen ger, Clark, who died the evening previously. (4 , Richard Pearson said—l am a guard on the Manchester, Sheffield, and Lincolnshire Railway. I have been in the employ of the company for 13 years, and have been guard upon the line from Lincoln to Hull 12 years last December. Thomas Thompson is the engine driver, but I do not know how long he has been in the service. He has been on this line about three years. I left New Holland on the night of the accident 26 minutes late (the proper time is 5.45)-6.11. After leaving New Holland we ran up to Langworth, and were 24 minutes late, making up two minutes. We left there at 7.55, proceeding from thence to Greetwell, and arrived at the cutting, but had not increased the speed. It was about five minutes to 8 o'clock when I looked at my watch before the accident oc curred. We are due at Lincoln at a quarter to 8 o'clock. We carry the letter bags. Up to Greet well Cutting we were running at the same speed,, Ina were attoniya., 6 • tL, up our ti me. The train which carries the letters from Lincoln does not wait if we are behind time; their time is ten minutes past 8 to leave Lincoln. The driver blew the whistle in the Greetwell Cutting, which is an extraordinary circumstance at this point. My attention was called to it, and I immediately applied the brake. After I had done so the car riages came into collision, and I was knocked down at the bottom of the van, and I do not know any more of the circumstance. The train was arrar ged —engine and tender, three fish waggons, brake van, thireclass, one first and one second class carriage, and a dummy behind. When I recovered from the force of the concussion I went to see after the passen gers. I found one severely injured—a third class passenger--he was laid upon the seat. The car riage was quite upright. I asked him if he was hurt, and he replied that he had got his thigh or leg I broken. After having seen him, the fireman, G. Thompsol and myself, went to look after the driver and cleaner. I found the driver lying on the bank, near to the engine ; I sent the fireman back with a signal behind the train to Greetwell. I could not see the other man, there was so much steam blow ing off. I then came on to Lincoln. I did not notice any portion of the wheel lying about ; it was quite dark. By Mr, Kirton—They do sometimes come down the cutting faster than other portions of the line, but since the severe weather set in he had driven very carefully. By Mr. Robey—The speed would not be more than 30 miles an hour, The engine wheels are tested at New Holland, Ulceby, and Barnetby junctions. The speed depends upon the driver. We have no instructions from the company either to increase or slackea our speed. The station mas ters at Barnetby and Ulceby superintend the tap ping. lam unable to say whether they tap the engine wheels ; I rever saw them. This was the first journey the engine had made that day. She had been in the shed all day. lam unable to say how old she is. Mr. I. Barber, locomotive foreman, New Hol- land, said—l am connected with the Manchester, Sheffield, and Lincolnshire.line, and look after the locomotive plant. I know this engine, and had in spnted her on Monday afternoon. I examined the wheels, and had new blocks put upon the tender brake. When she left New Holland she was in a perfcct state to travel. I have seen the wheel this morning and examired it. It is made by Mr. Tay lor, of Leeds, from the best scrap iron. From my experience, the low state of the temperature of the atmo3phere and the rigid state of the frost would cause the wheel to fly. The speed of from 25 to 30 miles would not be the occasion of it. I have known of other engine wheels having flown in a similar way during the continuance of the frost. The weather exercises the same effect upon cast as upon wrought iron. Accidents of a similar character have occurred all over the kingdom. A salt waggon at Now Holland now has never been moved for two months, and yet the tire is split. Mr. Robey said that he had seen the same effect spoken of by the last witness. A cylinder in his yard broke all to pieces in one night. Messrs. Tye and Dixon coincided with the evi dence given as to the effect of the frost. Mr. - Barber—l do is necessary for any other inspector to look after the engine -wheels, as the driver is brought up to it from a child. William Griffiths said—l am permanent-way inspector on the Manchester, Sheffield, and Lincoln shire line. It is my duty to look over the road, and see that all is right. My district is from Bar netby to Lincoln, a distance of 29* miles, and from Saxilby to Ciarborough Junction, a distance of 8* miles. Igo over the line, occasionally riding and sometimes walking. I see the entire distance I have to superintend once in fix days. The gangers on the road, if they see anything wrong they cannot set right send to me. I was at the Greetwell cut- ting on the Bth, when- the roadway was all right, men having been on, backwards and forwards, night and morning. The hill does not shelve on to the rails—there is a recess large enough to catch all fallings from the bank. If the rails had been disarranged in the least my gangsman would have rectified it. The rails have not been removed from the time I saw them, and they are in a good state of repair. It is 2481 yards from where the first piece of the tire was found to the point where the engine and tender toppled over. It is 15 yards from the place where the first marks are found in the snow to where the first piece of the tire was found. The last piece of the tire was found 196 yards from the first piece. G. H. Richardson said that he was sitting in the third-class carriage, and saw the end of it broken in. He assisted the deceased (Clarke) to get out from the debris, 'no train wus going, he thought, respectively, and for money due. The defendant pleaded that the two first bills were accepted for the plaintiff's accommodation, and as re garded the third he paid the amount into court as well as £5 on an I 0 U. Mr. Turner and Mr. Talfourd Salter appeared for the plaintiff; Mr. Sergeant Shee and Mr. Kars lake were for the defendant. It appeared from the evidence of the plaintiff, the landlord of the York Hotel, Hastings, that in 1855 he had become acquainted with the defendant (stated by counsel in his opening to be a clergyman of the Church of England, but this was denied by the defendant's counsel.) He supplied the defen dant from that perioLi to June, 1858, with wine, spirits, beer, &c.,and had lent him and paid money for him on several occasions. The defendant gave him two I 0 U's, for £5O and £2OO. The defendant had seen his accounts from time to tittle, and when he gave the I 0 U's the greater portion had been torn out of the books at the defendant's request. Cross-examined by Mr. Sergeant Shee—The I 0 U for £5O was given on the 13th Ji.'l3r, 1857; and, at the request of the defendant, in or k ler that Messrs. Garratt, the family solicitors, miet not see it, I tore out the leaves of the account. He did the same, I believe, with other tradesmen at Has tings. £22 of that sum was contracted before my insolvency in January, 1850 ; my debts were £976, and my assets £175. I was remanded for six months. The defendant was a man of irregular habits, but I don't think he was weak-minded, because he wrote poetry and also for the news papers. (Laughter.) I think he is a very clever fellow. He was frequently drunk, but not daily. I did not know that Messrs. Garratt and James were lookibg after him at the request of his rela tions. When first I knew him he had considerable means, but afterwards I heard he had an allowance of £4 a week from his family. My account against him when he gave the £5O I 0 U, from July, 1857, to the 2d of June, 1858, when he gave a second I 0 U, was 4.:200. When the defendant gave me the bills he desired me to throw the I 0 U's on the fire, which was done, but they were afterwards found in the fireplace and burnt. The debt of £2.'2 contracted previous to my insol vency is omitted in my schedule. I will not swear that the whole of the £5O is made up of items sup plied before my insolvency. The plaintiff broke my plate glass windovvs three times, and I advanced him money to pay for them. (Laughter.) In December, 1858, I instructed my , solicitors to apply for the £250, and the Messrs. Garnatt and James replied that they were at a loss to understand the claim, and consi dering that the defendant's credit had been destroyed at Hastings and his position well known, they could, not but conclude that the bills had been given with out consideration. They asked for particulars, and said if the creditors would wait they would be paid. They afterwards wrote that they had made inquiries of the defendant, who had vo recollection of having given the bills, but that h e admitted the I 0 U's given for the amount of my trade account prior to my insolvency, and that he had contracted a further debt with me, but nothing like the amount de manded. I was in want of money very badly at that time, but did not press for payment. The defendant was supplied with particulars two or three times. Mr. Sergeant Shee—ln your books, from Nov., 1857, to April, 1858, I see abundance of drink, but not enough to make up £2OO. There are charges for cigars, tobacco, rum, brandy, grog. How long was the defendant living with you between July, 1857, and July, 1858 ? Plaintiff—Several times. He used to come and stay with me, though he had a lodging elsewhere. I think he gave a dinner party while he was there ; but I cannot say that he used to bring in many per sons to have some with him. He used to have half a-dozen bottles on the table at a time. When the Circus people were at Hastings he used to have half a-dozen of wine put on the coffee-room table for them several times. (Laughter.) He used to have dinner parties of young gentlemen on several times. Amongst them were one or two riding masters. I would board a gentleman for £2 2s. weekly, if he paid for his drink. The defendant only came to my house to live occasionally, when he fell out with the people he was lodging with. Re-examined—I became' insolvent from being security to the extent of £l,OOO. My wife carried on the hotel business during my insolvency. I returned to my hotel and have been doing well ever since. The defendant is 40 or 50 years of age. I never heard from the defendant's friends that I was not to trust him. In 1856, when Messrs. Garratt and James paid me an . account, they told me I should be cautious. Several letters were then put in from the defen dant to the plaintiff. In one, dated Feb. 13, 1856, he requested the plaintiff to pay a bill for him. In others he wrote to the plaintiff as "Dear brother Hayter " requesting the Book of the M ormons , a bottle Of port and sherry, and subscribing himself "Yours fraternally." In another, to be addressed under cover to J. Saunders, Esq., St. Ann's, Lewes," the defendant wrote. " Thanks for your letter. There is no chance of my getting out. Garrett and James's clerk came here this afternoon, but only to look at and mock me. Send me some sherry, a flannel waistcoat, flannel drawers, and a pocket handkerchief. Bo sure and come, for there is no chance of my getting out unless through the Insol vent Court. Bring me some tea and tobacco." Mr. Baron Bramwell That would imply the defendant was in prison. Mr. Serjeant Shee—He was, my lord. Re-examination continued—Defendant was a free liver. I believe he gave away a good deal he had from me. At last he wanted so much that he nearly cleared me out, and I refused to supply him. Mr. Serjeant Shee The plaintiff's schedule showed the amount of the defendant's security was £lOB 17s. Bd. By the Judge—How came you to trust the de fendant in so large an amount P Plaintiff=--I had known him a long time. The Judge—Had he ever paid you large sums ? Plaintiff—No, not a farthing. The Judge—Why did he address you as " Dear brother," and sign himself "yours fraternally ?" Plaintiff—We were brother freemasons. Other evidence having been adduced in behalf of the plaintiff's case, it closed. Mr. Serjeant Shee addressed the jury► for the defence, contending that, although something might be due from the defendant to the plaintiff, the pre. sent claim was an imposition. The learned judge having summed up, Tne jury found for the plaintiff damages, £179 10s. [ADVERTISEMENT.] Pills and medicine invariably ag. gravate and perpetuate diseases; their annoyance, dis appointment, and expense may be avoided by persons in indifferent health sending only their address to E. S. Barry, Esq., 77, Regent-street, W., London, and they will receive gratis and free by post the "INVALIDS' Owx GUIDE," or Natural Restorer, Without medicine or ex. p'nse, of perfect digestion, strong nerves, sound hinge, and refreshing sleep, to the most enfeebled, insuring the removal of indigestion (dyspepsia), constipation, liver complaints, nausea, epilepsy, paralysis, debility, nervousness. palpitation, cough, asthma, consumption, dropsy, flatulency, diarrhoea, dysentery, biliousness, fevers, sore throats, catarrhs, polds, noises in the ears, rheumatism, gout, impurities, eruptions, hysteria, neuralgia, irritability, sleeplessness, acidity, tation, heartburn, headache, despondency, cramps, spasms, sinking, fits, bronchitis —"Unouestionably the safest Guide to health." [ADVERTISEMENT.) - Holloway's Pills. Abdominal Pains, Colic, Torpid Bowels.—These disorders are parti cularly apt to prevail when bad weather prevents our tak ing out door exercise. The want of fresh air and,museular exertion soon begets indigestion, from which flows a mul titude of other maladies. All who have once tried Hol loway's pills pronounce them to be the beat yreservers from and the best relievers of disordered digestion. Whatever may be the immediate origin of the malady these admirable pills will at once remove both cause and effect, without much restriction of pleasure or diet. They increase the appetite, strengthen the stomach, regulate the liver, stimu late the kidneys, and gently increase the activity of the bowels. The most delicate may fearlessly rely en Hol loway's pills. BIRTHS. DALKEITII.—On the 17th inst., at 37, Belgrave-square, the Countess of Dalkeith, of a son and heir. Hoao.—On the 16th inst., at 23, Princes-terrace, Princes.. gate, the wife of Lieut. -Col. Hogg, of a son. HEYGATE.—On the 16th inst., at 47, Eaton-place, the wife of Wm. U. Heygate, Esq., of a daughter. LoWNDES.—On the 16th inst., at Highcroft, Husbands, Bosworth, Leicestershire, the wife of Captain James Lowndes, of a son. MARRIAGES. CHETWODE—READS.—On the 17th inst., at St. Thomas's Church, Portman-square, Sir John Newdigate Ludford Chetwode, Bart., of Oakley, Staffordshire, and of Chet wode Manor, Bucks, to Arabella Phillis, widow of the late James Reade, Esq., of Lower Berkeley-street, Port man-square. SCOTT — HOWARD.--On the 7th inst., at the Catholic Cha, pel, Arundel, James R. Hope Scott, Esq., Q.C., to Lady Victoxia Fitzalan Howard. DEATHS. BROOKHOVSE.—On the 11th inst., at Leicester, Joseph Brookhouse, Esq., aged 55. ERSKINE.—On the 15th inst., at 30, Devonshire-place, Maitland, widow of the late Wm. Erskine, formerly of Bombay, and daughter of the late Right Hen. Sir Jas. L Mackintosh,nscn e 13th inst., M r. J . Goldschmidt, of 6, Griffen-court, Mayfair, W., aged 75. GREEN.—On the 1 6 th inst., at Hyde, I s l e o f Wi g ht, C ap t . m iDT o 9. G o ag ed n Green, aged 70. HYDE.—On the 13 th inst., at Flado ng ' s H o t e l, Old Caven dish-street, Charles Hyde, Esq., o f H y d e - en d, Berk shire, aged 78. STANLEY. —On the 17th inst., suddenly, of bronchitis, at No. 20, Jermyn-street, St. James's, Mrs. Stanley, late of the Haymarket Theatre, aged 69 years. di Hn Pc col th• Ivo lat to: pei cal wb thE cc CI Ca Di