The Sun. — London, England, 1833-11-16 00:00:00

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Upon the application of a gentleman behind the bar, The LORD CHANCELLOR directed the order to he made In this tnntios, the papers in which he had read. It wa4 'llot stated what the nature of the motion was, but it was understood to relate to a bond. poRTMEN V. MILL. When this was called on it was found that the motion had keen disposed of before the long vacation ; but as iudement had not yet been delivered, Sir E. Sugden was Instructed •.o pray for The Loan CHANCELLOR said he should dispose of it very shortly. DARLINGTON V. DARLINGTON. Sir Eow.sen SUDDEN moved, on the part of Mr. Abraham Darlington, that the hiddings at the tole by the direction of the Court of Brindles Hall Farm in the • Parish of Acton, near Nanrwich, might be ordered to he reopened. The property was sold to Admiral Tolle. nische for 5,400/. on the 9th of April last. Mr. Darling ton subsequently came forward and cifered an additional SOO/. for the estate. Application was made to the Vice- Ch ancellor to have the biddings re-opened, which motion he refused, with costs; hence the present motion. The Admiral took possession on the very day after the purchase, Which was of itself an improper step, because he had no r ight to do so without having first been confirmed in the purchase by the Court. The G-ntleman now a PPIOng was himself entitled to a moiety of the estate, or of the purchase-money for life, and which at ilia decease descended absolutely to his children and grand. rhildren ; he was not allowed to attend the sale; affidavits w ere filed to show that the estate was worth nearly 7,000/ and he now came forward offering a higher price than the Admiral had bid, There were many infants and married women interested in this estate, and it was the d uty of the Court to take care that every thing possible Wee done for their benefit. The question was not, whe ther the estate was worth more or less than the Admiral ha d agreed to pay for it, but whether it would not he for the advantage of the infants, &c. that the hiddings should b e opened aga i n upon an o ff er of an advance of 5001. ? , Was no objection to Mr. Darlington that he was an interested party. Very often branches of families to W hom estates that were to be sold belonged, turned out in be the best purchasers. Sir Edward could not see why t he Present motion should not be granted. Mr. ROGERS was on the same side. Mr. Darlington tV „ I l desir o u s o f attending the s ate. H e did att en d it, unt il 15 Receiver told him he had no business there, when he immediately left the room. Unless for the circumstances ofhis Honour having dismis.ed the application, this Motion could not but be regarded as one of course, Hooper Godwyn, in " Cooper's Reports," page 95, was conclu lite on the point. Mr. BARBER appeared for the plaintiffs, the owners of the property ; and upon something like an objection being Leised to his being heard, he said he considered himself to " a the most important man in the cause. This was a tal e in which there was an immense number of individuals entitled to the protection of the Court; and upon the \ P r inciple l a id d own b y L or d Eld on i n L e f roy v. Lefroy, i n n "usell's Reports, the Court was bound to look to what ,would be for the b ene fit o f t h e part i es i ntereste d i n t h e Prop erty. The ATTORNEY-GENERAL believed the only party et titled to open the biddings of a sale under the direction of the Court was an indifferent person. A * r ar tY in the c a use cou ld not bid even w i t h out the previous !le of the Court. Mr. Darlington was a party mate tr„lllll7 interested, he bad net obtained the leave of the `-'nulto bid, and surely he could not now come forward ; a i d pei to set aside the sale that had taken olace. Tile auction occupied two hours. His client (Admiral hallemaehe) had conducted himself most fairly, the sale 4 " been properly made to him, and ought not : . W to be disturbed. Besides, Mr. Darlington 44 ; y' g a party int eres t e d, h e was tenant in pots hun at the time the s a l e too k place r, he gave up ri t eessinn t o t h e Ad m i ra l on the day after the sale. He 4 aPtiateil with him for certain fixtures in the hall. Ad- Tollemache granted a lease of the farm to a Mr. a u nknell, an d M r . D ar li n gto n su b sequent l y b ecame the iti ll a d er tenant of Hocknell for a part of that very farm, h. Yet he sought to set aside the original rule which he „ thus recognised. Furthermore, he had said that, lue Admiral would give him two hundred pounds, te rt , Would let him have the property at his it s ; Price. This was a motion unprecedented in t t l at ure, from being the motion of the parties entitled ° , - •• a fee of the estate, and who were all parties in the t ea r : el therefore he (the learned Attorney) trusted his , e dehip would dismiss the motion, as his Honour had ""e • h wit costs. Air KINDUSLEY and Mr. R ICHARDS f o ll o w e d on th e 121, aide. kr. ROGERS, in the absence of Sir E. Snonex, re_ dial , Mr. Darlington d e li vere d u p p ossess i on iron-w -ho a 'Y after the sal e , b ecause h e h a d b een to ld h e was tied to do so. Th e purchaser was told at the sale Dthat ae the property was going f or so sma ll a sum , it was o re th an probable the biddings would be re-opened. Mr. tt ,i tt. b nd off ere d to ta k e 2001 . to h ave not hi ng more to d o be " i - t t because he.was told by his country attorney that re..6Might experience great difficulty in getting the bidding' sh Pe a n ed• The Admiral had offered Mr. D. 501. to , t . 11 1 from applying to re-open the biddings. The l or'2 . ver, Mr. L ee b a d gross ly misconducted himself in 1 Itit 7lng possession to be taken, or rather in giving it up, Li c auut authority of the Court. There was not a bona fide :,„ mar in the sale room, except the agents of Admiral 011eurache. It was because Mr. Darling-on saw the I,: a o i,rtY was being given away that he now came for. oi , r ‘ With the offer he made ; he was ready to pay the wra with costs, and give whatever security might be i e hr i red for the rest of the purchase money provided ble Motion was granted. It was a most illogical argu ea:t to be taken by the Attorney• General, that be. th k Mr. D. was not in a con di t i on t o bid at t h e sa t e , th e he was in ca p ac i ta t e d f rom com i ng h ere to reopen to rte bi ddings. lie had a right, on all the authoriti es , to p es o the C ourt t o re - open the biddings ,• and, if it were Is e „,:arY, he had only to ask fir l eave to bid, which all ; 1 7 be granted to him as a matter of course. Under everuese circumstances, the Learned Counsel entertained not!..confidence that his Lordship would grant the motion, dib:lthetanding the Court below bad taken the extraor -I,llCOurse of refusing it. tp.,l b e LORD CHANCELLOR desired to be furnished 4 1 1 4 the affidavits, that be might have an oppor. ef te oY of reading the whole of them. It had very been a question whether the re-opening of bidding s at 441 e b th e Court of Chanc e ry had a ten d ency to k eep laiti `y bidders or not. His Lordship was inclined to think tat I t tend e d t o k ee p b ac k t h ose w h o were d es i rous of `te s , l .ibg a , a bargain ; but th a t, on th e o th er h an d, i t „ bring forward those who felt disposed to give , 4 " of the property to be sold. ROLLS COURT.-(THIS DAY.) JONES V. WATERS. tic () 8 Honour the MA STER of th e R OLLS , a t the condo (.;(4, I . the arguments in this case, whi c h re l a t e d to tt e e,44larthen Bank, in which the husband of th e d e f en d an t th, 1 ~ Partner, a nd of whom the plaintiff cl a i me d t o b e a thelor for 1 ,500 1 ., gave j u d gment, d ecree i ng i n f avour of Plaintiff. KING'S BENCH.--(THIS DAY.) Itttjt t he t.itting of the Court, M r . J us ti ce J ames P ar k e 41"'r• Ju s ti ce B osanquet too k t h e usual oaths on having % 4 -- 11 4 ,4Mit te d to his Majesty's Most Houourable Privy k THE /ICING V. BROOKS. ,et, lII ESNICILR, on the part of the defendant, who had 'oci. e , °ll victed upon an indictment at the instance of the I N' t 'Y for the Suppression of Vice, stated that his client have been brought up for judgment to day, but he i 'now,7, ll affidavit and the certificate of a medical man, ,`l l ; .b ,g that the defendant was extremely ill, and confined 4 14. 4 4 " in Newgate, where be was imprisoned. The sq.lle4 Counsel, therefore, hoped that some day next t'otilti*ould be appointed, when it was hoped the defendant t .ue abl e t o atten d. ktityir.,LOßDsiilYS said, they thought it unnecessary to fly "Ys and th ere by d erange ot h er b us i ness, particu -4141,-tiet4 offence was of a nature that rendered the ap. I " of any particular day of very little importance. t~ t ~TIIE KING V. WOOLCOI4II3E. tl t liti kti dCi "eleodant having pleaded guilty to a criminal I ,4ti i ,", filed f or sen di ng a c h al l enge to Sir Edward t, i -gt°o 3 now came up to rece i ve t h e j u d gment of Oil. P t ' Affid av it s on b ot h s id es h av i ng b een rea d , ' ScArtLETT for the prosecution was beard in ag :44„444 He w ou ld b r i e fl y state to t h e C ourt t h e circum th.°l3t of win c h t h e prosecut i on arose. Lor d Ebr i ng. I:tti4" lo ininer before la s t, h av i ng wr i tten to M r. Wool ,11)04ta solicitor in Devonport of great influence, begging his t‘.!kisp k ° f Sir Edward Codrington as a candidate for the at the approac hi ng e l ect i on, Mr. Woolcombe Nt. t , a lette r to L or d Eb r i ngton, and another to 04 11 doves, an intimate friend of Sir Edward Cod ,ilLt g t i bt t l iv ing th e m r ea son to beli eve h e would support ‘ ti vtis f i s ern aos Sir Edward Codrington, when be /ve nt t 9 • Devonport, did not go to the house of Mr. Woolcombe out of delicacy, believing that gentleman was about to be appointed returning officer to the borough, which he was shortly after. Some reports hav ing got abroad with respect to Sir Edward Cudrington's opinions on slavery, likely to be injurious to his success, he explained that he was favourable to any practicable plan of emancipation ; that he had property in the West Indies which once yielded 4001. per annum, hut that for some years past be had been at a loss of 1001. a year in culti vating it, and eupporting the slaves. This explanation Admiral Codrington thought satisfactory to all parties ; hut Mr. Woolcomhe afterwards declared that it was not, and his partner, 111 , . Leach, starting as a candidate, Ad miral Codrington thought Mr. Waolcomhe had b-trayed hint, and to sttisfy several of his friends that he originally came into the town with Mr. Woolcombe's approbation, showed them the letters he 't ad written to Lord Ebrington and Mr. Pendarves. Mr. Woolcombe ties, in a pamphlet, charged Sir Edwaral Codrington with breach of confidence in showing letters which, though not so marked, were evidently conidential. In commenting upon this pam phlet, in an add] , ss to the erectors, Sir Edward said that the charge was not founded in fact—that it was untrue. The challenge in question was then sent by Mr. Woolcombe, and declined by S;r Edward Codrington. Under all the circumstances, Sir E. Codrington, feeling that Mr. Woolcomhe had not acted correctly towards him, thought proper to apply to this Court, for no person could suppose that that gallant officer wished to shield himself from personal responsibility. The SOLICITOR-GENERAL then addressed the Court on behalf of the defendant. Like his Learned Friend, he had the honour of being acquainted with Sir E. Codrin,tton, and knowing the high feelings of honour which that gal. lint officer puss-used, it certainly was with surpriel and regret th it lie found Sir Edward persevere in this prose cution. Sir James Searlett complained that Mr. Weol comhe had made no offers of concession to Sir E. Codring ten. Certainly he had not; he now exprestod great regret that he had been induced to offend against the law, but he felt that he owed no apology to Sir E. Codrington. Did Sir Edward suppose, that having twice publicly charged Mr. Weoleotnbe with falsehood, after having been the first to publish a placard, and when called on for an explanation, not only to refuse it, but to repeat the insult, by stating that at the next public meeting he would state the grounds of his charges—did he expect, after all that, that a man of honour like Mr. Woolcombe would come to him, kneel down, ask pardon, and kiss his hand ? Mr. Woolcombe would have di-graced himself, and forlei.rd that high honour that bad always marked his character, it he had done so. Mr. Woolcombe was more anxious to preserve his honour untarnished, and for having offended t , e law he was willing to submit to such a judgment as this Court should feel it necessary to give. It was endeavoured to be shown that Mr. W. had been guilty of treachery to wards Sir Edward Codrington, in inducing him to come forward as a candidate for Devonport, and then, having brought him on the ground, setting up his own partner, Mr. Leach. If that were true, it would effect Mr. Woolcombe's disgrace, but it now appeared that Sir Edward had come forward as a candidate before he knew that Mr. Woolcomhe would support him. The LORD CHU! JUSTICR sari he understood that charge not to be persisted in, and, indeed, it had been now fully explained. The SOLICITOR-GENERAL said the circumstance of Mr. Leach's coming forward was occasioned by some of the electors being dissatisfied with Sir Edward Cudrington's explanation relative to his West India property, and they, in consequence, called on Mr. Leach without Mr. Woo - coombe's having anything whatever to do wilt it. Then, as to the exhibition of the correspondence by Sir Ed ward Codrington, Mr. Woolcomhe did nut complain of that, but of the use which was made of them, and it appeared that both Lord Ebrington and Mr. Pendarves condemned the showing of those letters as an act which they had not contemplated. Let it be re membered, too, that although the correspondence, with Mr. Woolcombe's comments, were sent to Sir Edward Codrington on the 26th of August, he took no notice of them until the 4th of September, the day on which he was to leave Devonport by the mail. On the morning of the 4th of September Sir Edward Codrington published a placard about the town which be (the Soli licitor-General) contended was, in fact, posting Mr. Wool combe. Mr. W. had never been asked for any explana tion, and if he had be would cheerfully have given it. Sir Edward, however, chose not to condescend to ask it, but published the placard on the morning of the day on which he intended to leave the town, in which he stated that Mr. W. " had put ft rth statements which bad no foundation in fact." Upon that appearing, Mr. W. sent Mr. Trelawn, y, as a friend, to get an explanation, which it would not have disgraced even the hero of Navarino to give ; but he refused, and in terms the most insulting. He was about to leave the town for some weeks, and yet he refused to give any explanation, stating that at the next public meeting, which would not happen for some time, he would state his gi ()untie for the accueition. That irritated Mr. Woolcombe, and it was under those feelings, which were naturally produced, that Mr. W. published the placard complained of, and thereby off-nding the law of the land. The hostile message was sent on the 4th of November, and yet Sir E. Codrington took no notice of it until he applied to this Court within the last two or three days of Hilary Term, when it was made to serve electioneering purposes, because it was known that an election was about to take place. That ohitct suc ceeded, and indeed it was a n atter that struck the Lord Chief Justice at the time. Under all the circumstances, the Learned Counsel hoped that in passing judgment the Court would consider the great provocation which the defendant had received at the hands of the prosecutor. Mr. WIG/ITS/AN and Mr. BULLER followed on the same side. After the Court had been some time in deliberation, Mr. Justice JAMES PAaKE gave judgment. He ob served that the defendant had pleated guilty to a criminal information, charging him with endeavouring to provoke Sir E award Codrington to fight a duel, and, on his retu.ing to do an, afterwards publishing a libel by posting him on the walls in different parts of the town of D-vonport. The defendant bad shown great propriety in pleading guilty, becau.e, on looking at the off dav, ts, be bad not the least chance of escaping conviction. It was quite clear that the defendant had been guilty of a very serious offence. It was the bounden duty of this Court to visit with a sev,•re punishment all persons who endeavoured to excite others to commit _ —..-.—.. breaches of the peace by sending c ,, allenges. On that ac count alone it wa. the duty of the Court to visit such an offence with severity ; hut, at the same time, the Court must inquire into the circurn.tAnces which led to the act. The present transaction seemed to have arisen out of an elecion for Devonport, and i , originally w,s a misunder standinA n the part of Sir E lward Coilrington as to the part whit the defendant t,ad taken, hut it was a misur- derstanding was perfectly natural, because it was clear that the defendant originally espoused the side of teat Gall int Officio, and offend him his decided support, but afterwards a person in business with the deferulatit was set up. It was natural, therefore, for the Gallant Admiral, who was then a candidate to conceive that the defendlnt had abandoned his cause. The defendan , had, however, explained that pirt of his conduct by letter, and by his conduct today hyd proved that be did not forcet his word. Under the contrary impression, Sir E. Codringron di•closed the litters which had been adverted to, and t, kieh the defendant con•idered strictly confidential. The C. t, however, could not see that they were so confidential as . . the defendant imagined. The defendant then published a patnphlet, with all the correspondence and comments, which he called temperate, upon Sir E. Codrington's conduct ; the Court thought those comments were highly provoking, and afforded some excuse for Sir E Cudring ton's charging him with making false statements. The result of tbat correspondence were the challenge, through the medium of Mr. Trelawney, and the subsequent plicard that was published. Looking at all the circumstinces, the Court thought there was some excuse for the defen dant's conduct, but not a complete excuse, and the Court thought it necessary to pass a sentence commensurate with the offence. The Court felt that a debt of gratitude was due from them to Sir E. Codrington, for the high moral courage he had displayed in appealing to the laws of the land, rather than accepting the challenge. The defendant was then ordered to pay a fine to the King of 1001., and to be imprisoned in the King's Bench prison one month, and further, until the fine be paid. TBE KING V. COHEN. The defendant in this case, who is the Editor and Pro prietor of the Brighton Gnardian, having been found guilty of publishing a. libel, appeared on the floor of the . . Court to receive judgment. Mr. Justice PARKE stated that the indictment charged the defendant with publishing, in the Brighton Guardian of 28th November, 1832, a libel, having the tendency to set the lower against the higher orders ; to incite the people to acts of incendiarism by setting fire to hay, corn, and other farming property, and lastly that the libel was calculated to bring the magistrates of Sussex into con , etnpt. The defendant put in several affidavits of different magistrates, and other gentlemen of the county, all spsdking in the highest terms of the paper of which the defendant was editor and proprietor, and stating their belief that he was not capable of doing any thing that would have the tendency to create incendiarietn An the county. Mr. Sergeant SPANKIE, in praying the judgmen t of the Court, stated that he did not consider it necessary to offer any observations, but would reserve himself till the de fendant had concluded what he had to say. Mr. Count; then addressed the Court in mitigation. He stated that the prosecutor having, through his Coun sel, prayed the judgment of the Court, it became his duty to address their Lordships. A verdict of guilty had been found against him for the publication of a paragraph, the substance of which the Learned Judge had stated. The paragraph in question was one of those which had been delivered at the office of the Paper at so late a period, that it had been inserted, be might say, al most without his knowledge. It commenced with an ac count of two fires which had taken place at Horsham late on Sunday night, and in consequence of the difficulty of communicating between Brighton and that place, was not received till within an hour or two of publica tion. The libel had been sent by a Correspondent in whom he placed the mot unlimited reliance. He would have been in a situation to have produced the affidavit of the writer of that paragraph, bad he not been advised by Counsel that, if he made an affidavit upon the subject, be would expose himself to prosecution ; and he had, therefore, refused to render him that act of justice. Having shown the Court that he was not guilty of the authorship of the libel, or aware of its contents, it would he for him to chew that the paragraph was not of that importance as to call for such proceed ings as had been taken against bim. The gravamen of the charge was, the exciting the lower orders to acts of violence and incendiarism. He admitted that such a charge was a grave one, and that the party really guilty ought to be brought instantly to punishment. But what had been the conduct of the prosecutors in the present case? Why, they had suffered the whole of the winter to pass away, dining which incendiary fires were raging in every part of the country, and bad not thought fit to present a bill of indictment against him till the following spring. Another serious charge in the indioa- Fnent was, that it was a libel upon the magistrates of Sussex. Upon that head he would only say, that the prosecution was not commenced by the Magistrates, or with their concurrence, hut, on the contrary, as wool(' be apparent from the affidavits of the Magistrates which had been received, they were entirely ignorant of it. The paragraph in question, though i , only contained thirty-six linos, had been made the subject of no less than eight charges against hint. To those ch irges he would not now refer, but would only advert to some of the state ments made by the Learned Judge with respect to them, on the trial. The Learned Judge stated, in addressing the Jury, that they would have to decide whether the lan guage used tended to vilify the Magistrates of the county of Sussex or not. For his own part, he must eay, that if an individual had a desire to vilify them, he might have used much stronger and different language With regard to the second point....that of inciting the la bouring classes to acts of violence, the Learned Judge said he must say, he did not think there was much in that part of the case ; at the same time, however, observing, that if the Jury considered the defendant convicted of any of the charges made in the indictment, they were bound to find him guilty. Now he (Mr. Cohen) took the liberty of inferring from that that although the jury returned a general verdict of guilty, it did not follow that it was intended to cover the whole of the charges laid in the indictment. The jury, in his humble opinon, had not found him guilty upon either of the charges to which he had adverted, but upon that part of the libel which recommended the people not to allow themselves to be sworn in as special constables. He admitted that such a recommendation wss a violation of the law ; but considering the motive of the wri ter, which evidently was to remove the greater evil of the people being excited to further acts of violence, be thought the Court would look with a lenient eye to that part of the charge. Having now pointed out the character of the publication, he would, with the permis sion of the Court, do what he was not allowed at the trial, vie., reply to several paragraphs which had been published in the .Brighlon Guardian at the time when incendiary fires were rife in the country, and from those para graphs be felt confident that the Court would draw the inference, that the conductor of the paper in which such paragraphs appeared need never lend his hand to the _ . instigation of incendiarism. The defendant then proceeded to read a series of articles published in the Brighton Guardian, between the years 1830 and 1832, all depre. eating, in the strongest manner, the outrages of the peasantry. He had read those paragraphs, in order to show to the Court that he had, at all times, spoken in strong terms of reprobation ; and to show that be had, at all times, most strongly advised the people not to resort to violence. Having laid the affidavits with which he had been furnished before the Court, many of which had been made by those Magistrates whom he was charged with libelling , and by the paragraphs having put the Court in possession of the feelings by which he was actuated (luring the wLole time that the fires raged, he left his case to their merciful consideration. He would merely further remark that he had a right to contend that the jury, in returning a verdict against him, referred only to that part of the libel which advised the middle classes to refrain from being sworn as special constables. H e trusted their Lordships would think that his case was not one which called for severe punishment. Mr. Sergeant STANICIE then replied. He said such general affidavits as bad been laid before the Courtb y the defendant were easily procured from gentlemen who were in the habit of reading his pap , -r. The prisoner had availed himself of the utmost possible latitude allowed him by the Court; but still he trusted that, looking at the character of the libel, looking at the libel itself, their Lord ships would think it was one which called for severe punishment. The defendant stood b.ffsre the Court as a person who had made no apology for that which might bare been done in haste. He had made no aroloay, no attempt to pall ate that which be now ascribed to have been inserted through mere inadvertency. The learned Gentleman then read the libel, and contended that, appearing as it did at a time of excitement, it was necessary, in order to uphold the character of the justice of the country, that it should receive adequat punishment. The Judges then consulted together, for nearly a quarter of an hour, when Mr. Justice PARKE, afer adverting to the nature of the libel, sentenced the defendant to - be confined in the county gaol of Essex fur six months ; to pay a fine of 501. to the King; to find security for his good behaviour for three years, himself in 1001., and two sureties in 501. each, and to be confined until such fine be paid, and such securities found. THE KING I. lUET. The defendant in this case came up to receive the sen. fence of the Court, he having allowed judgment to go . . . - agamst him by defaul•, on an indictment for an as.anii found at the 1111(14-sex &ssione, but retnotel by certio rani by the dafend4: • into this Court. Si , ' JAMES ScAatimr ap t :eared for the prosecution and Mr. EIUTCHUFSON for tr.' , ./..,endatit. The LORD CHIEF JusricE inquired ii the matter was likely to occimy much time ? Mr. HUTCHINSON replied that he had several affilavils to put in tin I , ehalt of the defendant. The Loan CHIEF JUSTICE—In that ease the matter must stand over, as we hive to meet the o her Judges in chamber at two o'cluck. Let it, however, be uilde;stood ;hat the Court will take the other caceß of judgment on convictions on ThurAiay next. The Court then rose. COMMON PLEAS.--(THIS DAY.) 111171N4112t X XANCO. MALLAIN V. IRVINE. This was an action of trespass for an illegal distress, and had been tried during the sittings after last term before Lord Chief Justice Tindal, when a verdict was had for the plaintiff, with liberty to the defendant to move the C ,, urt for leave to enter a nousuir. The facts proved on the trial were as follows :—The plaintiff held a house of the defendant, under en agreement to hold for twelve months certain, at twenty pounds per annum, to be paid quarterly, or half-quarterly, if requited ; and that six months' notice should be given by the tenant before surrendering possession of the premises. The occupation continued fur upwards of a year, and the rent had been demanded and paid quarterly, as appeared from the defendant's receipts produced, and proved at the trial. Some time after the termination of the year the defendant levied a distress without previous notice to the plaintiff, and fur th a distress the action was hrou 4 ht. Early in the present term, 111 r. Sergeant TALYOURD, pursuant to leave reserved, obtained a rule calling upon the plaintiff to snow cause why a nonsuit should not be entered. Air. Sergeant WILDE now showed cause. The ques tion before the Court was really the construction of the agreement which had been entered into between the parties. He contended that, looking at the manner the parties had acted during the whole of the year of tenancy, the defendant had made his option and elec tion to receive the rent quarterly ; and having so made his election, he could not legally levy a distress for a bait quarter's rent under the words in the agreement, " to be paid half quarterly, if required," without making a de. maw! for payment. No such demand had been made, and he therefore submitted that the distress was illegal, and the verdict must consequently stand. Mr. Sergeant Tatrounn, in support of the rule, con tended that the distress itself was such a notice or demand as tottisfisi the terms of the words in question. The Court said that the question for its decision arose sn!ely upon the construction of the agreement which had been produced. In the opinion of the Court, the reason able construction of the agreement was, that the tenant meant by it to bargain that he should have some notice from the landlord before a distress should he levied upon him. Indeed, on the evidence in the c.ise, it would seem that the landlord had made his election to receive the rent quarterly, and it would therefore be a most unreasonable construction to say ,that after that election the tenant should suddenly be liable to half quarterly payments, and in case of default, to be fixed with the costs of a distress. On these grounds the rule must be discharged. COURTMA RTIAL.—A general courtmartial was opened last Monday in Dublin, to try Ensign Stirling, of the 64th Regiment, for wilful and gross perjury com mitted by him on the trial of Lieutenant Ewing, of the same regiment, in August last. On the cross-examination of Ensign Stirling on that occasion, the following ques tions were answered by him :—.Did you ever say to Mr. Antony Connelly that you had given me (Lieut. Ewing) 101. in exchange of horses ?—No, never. Did you ever say the same to Mr. Bernard Connelly ? No, never. Did you ever say the same to Timothy Burke ?—No, never. Did you ever siy the same to any one at any time ?—No, never. The gentlemen here mentioned were sub , eqtiently examined, and flatly contradicted Ensign Stirling : Lieutenant Ewing was acquitted, and, by order of Lord Hill, Ensign Stirling was now to he tried 'or perjury, in giving false answers to these questions. The Judge-Advocate stated that Ensign Stirling was highly connected, and that his character up to this transaction was most respectable. The prisoner pleaded not guilty, but his counsel admitted the accuracy of the questions and answers given on the trial of Lieutenant Ewing ; nod the Messrs. Connelly were again ttrought forw ird and gave the same testimony. Several officers of the 64th Regiment give the prisoner an excellent character, and the sentence will not be known until confirmed by the King. The trial of an officer for perjury is not known ever previously to have occurred, their offences being generally a breach of some matter of discipline. The prisoner was brought into court under charge of Ciptain Goring, and was not al lowed to wear either his sash or sword. The shipmates of John Ayres, cook to Captain Ross on his late expedition, have subscribed for a tomb, which they intend having erected over his grave in Shadwel Churchyard, where he was buried a few days since, being carried to the grave by four of his late ship mates, six others supporting the Union jack, which was used as the pall. Several persona offered to subscribe towards its erection, but their offers wrre declined, as his companions were anxious to erect it solely at their OWII ex pense, as a tnaik at their regard for one who had shared with them their extraordinary difficulties and dangers. An appropriate inscription will be engraved on it, record ing the principal events of his life in having accompanied the list and two former expeditions to explore t;,e. Arctic regions. EXTRAORDINARY SHOOTING.—A young gentleman not 10 miles from Watergate, went out last Saturday morning, with a single-barrelled gun and one dog, and in two hours and a half brought home the amaz ing quantity of twenty-six brace of birds.—From a Dewsbury Correspondent.—Sparrows, perhaps ! Wakefield Journal. DISAPPEARANCE OF THE CHOLERA AT WHITBY, Nov. 7.—We have great satisfaction in announcing, that a written document, signed by all the medical practitioners of Whitby, was laid before the Board of Health, of that place, at one of their recent meetings, stating " that the malignant cholera has been gradually abating for some time, that not a single c Ise has occurred in the borough during the present week, and that the town, as regards the health of the inhabitants, is consider ably improved."—Hull Packet. SALPORD.—The electors of the borough of Salford were assembled on the evening of Wednesday, in the Town•hall, to hear the explanations of their represen. tative, Joseph Brotherton, Esq., relative to his Parlia- mentary conduct in the late session. Mr. Brotherton re capitulated the pledges he had given to his constituents, end now prayed to their satisfaction trait he had fulfilled them. He also enumerat, d the measures which he con- ceived ought to be brought forward next session, among the most important of which he ranked the repeal of the corn laws. He said, " I con•ider that this tax is at variance with the principles of sound policy, of justice, and of humanity. Its continuance is defended upon the ground that protection ought to be afforded to the agricul tural classes, but what does that protection mean ? It means an increase of prices, which those persons are interested in maintaining who conceive that it is for the interests of those who have corn to sell that prices should be kept up ; but I think it would require very strong arguments indeed to convince those who have to buy food, and who feel every day the necessity of eating it,—l say it would require very strong reasons to convince them that it is not their interest to get bread as cheap as they can.— (Cheers.) I think therefore that it would be very bene ficial to the community in general were the corn laws repealed, for it is not the producing clases—it is not the agricultural labourer—it is not the farmer, who wish the continuance of them, but it is the wealthy landlords who desire to continue the monopoly, and to put the profits of it into their own pockets—(Corers)—and I therefore think it will be my duty, when the question comes before Patliament, to give a motion for their repeal all the support in my power." The Hon. Gentleman's speech was loudly cheered. He was seemly tnied by Colonel Evans, who also addressed the constituents of his Hon. Friend, and his speech wasalso received with general applause. - RACING EXTRAORDINARY.--Among the Sports at Edwinstone Wakes, near Oilerton, two youths, whose joint ages amounted to 160 years old, for a w.ger of one gallon of ale, undertook a race of two hundred yards, which was performed in gallant style by Isaac Bowring, alias Lord Bowring, assisted by two sticks, heating his opponent, William Shooter, about two lengths. Toe match crewed much mirth to the assembled tude.—Leicester Journal. THE LONDON BRIIDGE THEATRE.--Among the various theatres, which have recently sprung up in and about London, there is none that seems to give greater amusement then this little place. It has been newly fitted up, under the management of Mr. Bedford, and in a style of neatness that rtlects great credit upon his taste. The company is numerous and respectable, and since the theatre has been opened it ha• been visited nightly by erowdtd nod enees. The performAnces 14.4 night were, The Miser, the Mnrdere- -qd the Discarded Son. a very pretty billet, c,111,1 The Lass of Richmond Hill, Intrigue, and The Ki,g and the Scctehman. GOUGH too lead. the Kiliet department. is an excellent r, and among. the mile performers Mr. WYNNE. Mr. WORRELL, and Mr. J. R. WILLIAMS, obrained gleat ap plause. The pieces are ,xceedingly well got up, and gave evident satiefietion. LIVERPOOL COTTON MARKET, Nov. 14 —Ttie day opened with a fair demand, but holders showed so much anxiety to dispose Of Cotton, that prices have receded id to iI, per 1!). in consequence. Toe sales are 2,500 hales, of which 500 (American) were taken on speculation towards the close of the day :-150 Pernams. Sid. to 10d. ; 130 Menanhams, 911. to 9id. ; 100 13thias, Sd. to 81al. ; 2,000 American, 7d. to std. ; some Orleans , 10d.—Imports trifli n g. The French colony of Algiers appears to be rapidly improving ; for the import duties, which in 1830 produced hut 5,9101 , last year produced 25 4701. This revenue is derived fnim a snail import duty of 4 per cent. if imported under the French or Algerine flag, and of 8 per cent. if by a foreign flag. The value of imports under the British, was last year 3,500/. ; they were exported from our possessions in the Mediterranean. INCENDIARY FIRE.—We lament to state that in Wales one instance has occurred of that diabolical spirit of destructiv e and cowardly malice which has spread so much misery in England. On the night of the Ist "t the f aint l y o f Mr. D. Walters, of Owns lle f iste, i ii iit a li n e t, parish of Ystradfelite, Glamorganshire, retired to rest at ten o'clock. About one, the maid ser vant, whose window overlooks the yard, was awakened by a great conflagration from the barn opposit.•. She instantly gave th e alarm, and though the whole of the family, with such of the neighbours as could be aroused at that hour, use 'l their utmost exertions to stop the flames, the whole contents of tht barn, about t hirty bushels of barley and forty of oat', we consumed, leaving 111 r Walters a loser of from SO/. to mag istrates for th e county, promply repaired to the spot, and investigated the p rem i ses . F rom the loca li ty o f t h e s barn, iooi. wAhil. M ehiosrgqaun, E q. o f Boedw i g i ad, one o f t h e quite remote from any thoroughfare, and from the door hieing found opened inwardly, there can be no doubt that this atrocious act was deliberately and wil fully perpetrated.—Shrewsbu r y , Chronicle. BRIGHTON, Nov. 15. In the forenoon of yesterday his Majesty gave audience to Baron Ompteda, and then rode out to near Shoreham, accompanied by his daughter, Lady S phis Sidney. The Queen, accompanied by the Duchess of Gloucester, drove out for nearly two hours, returning to the Palace before two o'clock. Rear-Admiral Thompson and Colonel Mercer were ho noured with audiences by his Majesty. Tire following p rsonag,es were honoured lty invitations to the Royal table lost evening :—The Princess Augusta, the Duke and ruche's of Gloucester, Earl arid Cnnntes• of Brownlow, Baron Ompteda, Lord and L 4dy Faltand, Mr. ann Lady Augusta Seymour, Lady Elizabeth ;rod Miss Palk, Lady Sophia Sidney, Colonel Mercer, Rear-Admiral Thompson, Captain Foote, and the suite. The Earl and Countess of B indon, Lady Harriet Ber nard, Hon. Mrs. and Miss Powys, and Mr. and Miss Kemp, visited their Majesties yesterday. The Duke and Duchess of St. Albans have not as yet paid their respects to Royalty. The revival of the " Atmacks' Balls" lure has caused much chit-chat, in consequence of the Master of the Ceremonies being excluded from any management in their arrangement, although it cannot be denied that Mr. Etd has invariably paid the utmost attention and respect to the visiters and inhabitants of Brighton. About a week past Vi-count Dillon, on returning from the sports of the field, thought proper to jump his horse into the cabbage garden of a poor and industrious in .n in the vicinity of this town. His Lordship then received several blows from the owner of the garden for his intru sion, and was finally knocked off his horse. Fer this un ceremonious conduct the poor man WaS summoned yester day before the Brighton Magistrates, at the instance of the Noble Lord, when, after a patient and impartial bearing on both aisles, th-ir Worships dismissed the Noble Lord's complaint. The court wag much crowded during the in vestigation. The presirlitvz Magistrates were Mr. Nlilfard, Capt. Miler, anti Mr. Wigncy, M.P. COURT CIRCULAR. His Majesty, it is expected, will hold a Council on Monday, at the Palac. at Brighton. Her Royal Highness the Princess Sophia Alatilda , visit ed the Duchess of Kent and the Princess yesterday, at the Palace at Kensington. The Ru-sian and Austrian Amhassvdors, the Prus4an Minister, the Baron de Wessenburg (Minister from Au.- tria, on a syecial mission), and the French Charge d'Af. faires t held a cord. retire yesterday aft -rnoon with Visenunt Palmerston at the Foreign-office. The Marquis de Fun chal, Portuguese Minister on a special mission. and the Belgic Ministers, had interviews with Viscount Palmerston yesterday. The Lord Chancellor and the Right Hon. C. Grant visited Earl Gr 6, yesterday at the Treasury. Lord John Russell and the Right Hon. P. Thomson had interviews yesterday with Viscount Althnrp. The Right Hon. Sir Stratford Canning transacted business yesterday at the Foreign offitte. Viscount Althorp returned to town on Thursday evening rom St. Albans. SPORTING INTELLIGENCE. BRIGHTON HURDLE RACE. These races excited an unusual degree of interest among the fashionable~ at Brighton. They came off y sterday afternoon on the racecourse, and the promise of sport held out by the printed list attracted thousands to the spot. It was rumoured, that if the day proved tolerably fine their Majesties intended to honour the races with their presence, which created additional interest, and by two o'clock. the time announced for starting, the hill was thickly Euddeo with numerous splendid equipages, presenting a most ani• mated scene. Some delsy took place in starting, in the expectation of their M ,jesties' arrival no the count, and considerable disappointment was manifest at their non appearance. Shortly after the e o'clock the ride's moon ed their horses. The first hurdle was put up about 500 yards from the winning -post, and they were about one hundred yards apart. All the horses started well together, and made the first leap in admirable style. scarcely without a f,ult. The ' , Toad hurdle was cleared in the sine admi rable manner, and the third the same, without making a single gap. Don Juan and Gulnare got the lead, and kept it for some distance till they rounded the course ; the Earl of Errol's Ensign made play, and Swerver followed close to his heels. Ensign k-pt the lead, and leaped the hurdles in beautiful style. He won by a length, Swerver coming in second. Upon the whole the race was admirably conteste,l, and afforded the utmost gratification. We subjoin a list of the race :.—• A Hurdle Sweepstakes of Five Guineas each, for horses not thorough bred, that have never won any Sake or Plate, to carry 124 t. each, to he bona fide the property of gentlemen, and to be rode by gentlemen in coloured jack ets and caps. Ten subscribers or no race. To name arid close on the 11th November, 1833. The names to be entered and the stakes paid to J. Sewell, Veterinary Sur geon, 78, Church-.trees. To be run over the new course, one mile and three quarters, taking six leaps in the race over sheep hurdles, starting from the winning post, taking three leaps going out and three coming home. Any horse fol!owing through a gap that a leading horse may have made to be considered di,tanced. SUISCRIIIIIRS. Earl of Errol immesh. g. Ensign—rider, T. Tourl, E-q. 1 H. Bites, Esq. names br. g. The Swerver—F. Hey al•atn, F q 2 Viscount Dillon nartss r. g. Pegasus—Dillon . 0 Sir R. Falkiner, Bat. names b. m. Gulnare—H. B. 0 G. Harrington, Esq. names b. m. Kittums—R. Brack enbury, Esq 0 F. Goring, Esq. names b g. Don Juan—J. Sconswer, Esq. of the King's Dra oon Guatds 0 J. Sivewright, Esq names b. g. Sailor—T. Smith, Esq 0 T. N. Kemp, Esq. names b. g. Jerry—T. N. Kemp, Esq 0 T. P. Wadsworth, Esq. names gr. g. : 1114zeppa, by Arbitrator—T. P. Wadsworth, Esq F. S. Colyer, Esq. names b. g. Rockingham—F. S Colyer, Esq 0 NEWMARKff:T COURSING MEETING. FRIDAY.—Ties for die Cup. Rattler beat Gal ita, Isabel beat Clara, Isabel beat Rat tler, and won the Cup. Ties for the Allington Stakes. Ina beat Gipsey, Venture ran a bye, Ina beat Venture, and won the Stakes. Ties fir the Chippenham Stakes. Partisan boa Richmond, Ivory ran a bye, Ivory beat Partisan, and won the St ikes. Ties for the Cheveley Stakes. Violet beat Fanny, Nareissa ran a bye, Violet beat Narci.sa, and won the Stakes. Port Stake.. Vivid beat Wizard, arid won the Stakes. MATCHES. Mr. Dobede's Diamond belt, Mr. Edveard,'s Arthur. Mr. C ,bede's Druid beat Mr. Edtvares's Arbutus. Mr. Edx,iiils's Atom beat Mr. [Merle's Daffodil. Mr. Dunn's Mist, r beat Mr. Marshall's MA. qui& Mr. Frvrr's Coventry beat Mr. D , :bede's Dance. Mr. Dobede's Darlia heat Mr. Dunn's Blinker. Mr. Gil ett's George heat Mr. Bryant's Euthymus. Mr. Fling's 1-tivu'et beat Mr. W. Marshall', Nimble. Mr. Weatherby's White Daisy beat Mr. Dubede's De c, priori. Mr. Finch's Gab beat Mr. Vipan's Vengeance. Mr. Hall's Hasty Dragon beat Mr. Fryer's Cleopatra. Mr. Bryant's Elm beat M. Bryant's Princes. M. Weatherby's Warwick against Mr. Bryant's Erntst (undecided). Mr. Marsha'l's Margrave . _against Mt. Fyson's Farmer (undecided). Mr. Bryant's Elk against Mr. Fyson's Darling (un vided ). _ Mr. Vipan's Vengeance beat Mr. Bryant'e Eagle. Mr. Isaacson's Princess beat Mr. Inskip's Mr. Gillett's Gillnare beat M. Ala-shall's Alarinu. Mr. I) , ibecte's Diamo , ,d beat Mr. W. Marshall' , Namtle. Mr. Alarslial's N Isnn beat Mr. Bryant's Ellen. Mr. Weathel by's White Daisy beat Mr. Inakip's Ida. Mr. Dohede's 1) , nee heat Mr. Gille , t's Game. Mr. Ala . shall's Illtrqu , s beat Mr. Brya•nt's Eel. Mr Doberle's Dail. aid b•at Mr. Finch's Goaling. Mr. Hall's Hasty Dragon beat Mr. Finch's Godolphin. Mr. Fyson's Flirt beat Mr. Dobede's Duchess. Mr. King's Ruby beat Mr. Inskip's Isis. Mr. Gi'lett's G'ingo heat Mr. Fys Fearnought. Mr. Gillett's Goldfinder aget. Air. Fryer's Caradori-- undecided. Mr. Blanes Edith beat Marshall's Mameluke. HUNTING APPOINTMENTS. The King's Stal Hounds meet on Monday, at Georg, Green, Langley ; Friday, at the 'Magpies, Hounslow Heath. Mr. Leche's Hounds meet on Tuesday, at Gresford ; Friday, at Carden—at ten. The Cheshire Hounds meet on Monday, at Norley Beach; Wednesday, at Shavington ; Thursday, at Chol mondeley; Saturday, at Bar-bridge—at hall p...sr ten. Mr. Drake's Hounds meet on Monday, at Bucknell Cow Common ; Tuesday, at Barton Common; Thursday. at Arncott Bridge; Saturil4,7, at ‘V.irditn Kem : 4. Sir T. Stan'ey's Hoon(14 meet on Tu,tday, at Bebbing ton ; Satu:day, at Baektord—at ten. Lard Radnor's Hounds meet on Tuesday, at B y Wood ; Tuesday, at Pu.ey Fume Inn. Hon. W. Moreton's • Hounds meet on Mor OX Compton; Thursday, at Buseott Rause. Mr. J. Stone's Hounds meet on Wednesday, at 't haine Park, at half-past ten ; and Saturday, at S:onor Keonel —at ten. Tip. Norfolk Hounds meet on Tucsil iy, at Woodrising ; Frid.w, at Thornage ; Saturday, at Guist Bridge—at half— past ten. Mr. Ville!)lig'. Harriers meet on Monday. at 13artletny Hi la ; Wednesd•iy, at Middleton; Friday, at floughton on the-Hill—at eleven. Mr. Oshaideston's Hounds meet on Monday, at West Haddon ; Tuesday, at Harleston; Friday, at Brockhall ; Saturday, at Sibbertoft—at half-past ten. The Duke of Grafton's Hounds meet on Monday, at Castle Thorp ; Wednesday, at Sroke Plain ; Friday, at Furzen Fields—at half past ten. Mr. Berkeley's Hounds meet on Monday. at the Kennel ; Tuesday, at Cranfield Windmill; Thursday, at Milton Mill ; Saturday, at Metchhourn House—at half-past ten. Mr. Holynake's Hounds meet on Monday, at Prestwold ; Wednesday, at Brookaby; Thursday, at Street Hedges; Saturday, at Melton Mowbray—at half•paet ten. Mr. Dinsay's Hounds meet on Monday, at Hrockw ; Wednesday, at Tollerton ; Friday, at Anne lel Hall—at half-past ten. THE MURDER. AT PLUMSTEAD. The adjourned inquest on Mr. George Bodle was re. newer! yesterday. A gentleman in tl,e room observed that he could state one fact in confirmation of the prisener'e statement, viz., that he Was attended by Dr. Halifax for the cam. plaint to which the prisoner bad alluded. The prisoner was here brought into the room. The CORONER said—You said that you was attender'. by Dr. Halifax for the itch, but that he did not advise you to use arsenic, nor did any other person give you such advi ce ? Prisoner answ,r. din the afilirm,tive. CORONER—You said you - used hellebore root I , efor. ; did any one advise you to use it? Prisoner—No. CORONER-Then, it was in consequence ef arsenic being stranger th in hellebore that you thought it would he successful? Prisoner—Yes. CORONER-The consumption of your stuff depend d upon the tine the disease continues ? Prisotier—y, Sometimes I did not use it for a month. When Al disease was bid I applied it two or three times a-day. The CORONER then asked Mr. Butler whit effect art.r ail would have when applied in seluti in, and wile& r it would affert the skin or system generally ? Mr. Butler said that cold solution of arsenic would not have any injurious effect, and would only dry up pimples such as the prisoner had stated. But he considered that if a mixture comprised of six ounces of water and half an ounce of arsenic was used, it would cause sickness and con• stitutional symptoms. The CORONER directed the attention of the jury to aes ne cases of death by poison in Chrisrison's treatise, int wit ch it was stated that persons had died by poison rubbed ou the skin. One case, which resembled that of the prisoner, was that of a young man who applied arsenical prepara tion for an itching irruption, and the next day he was ill in bed. Another case was that of a woman, who trying to cure an inveterate itch by arsenical lotion, was ettattked by er>sipelas. which terminated fatally in two ye ire. He. hoverer, did not mean to state that similar eymptorne would have been observed in the prisoner if he had used arsenic in the mintier he stated, but it was to be pre sumed that such symptoms would have appeared. Mr. Butler admitted that it was dangerous to we such a tat a - cure as the prisoner said he had. Dr. Hussey stated that it was an undoubted fact that arsenic, when applied to the surface of itching pimpl es , would :am! them, but he should he afraid to use it in the manner the prisoner *aid lie had, The Conotres then proceeded to sum up the evidence. The y were called upon to inquire when, how, and by wkat rne.ins George Budle ceme by his death. He observed, in reference to the testimany of the medic .1 geetdenen, that it was extremely important to know that two of them agreed in opinion that the death of the dece,s-d was caused by poison, produced try a small quantity of are. rite, which had caused inflammation, and ,t hich extended through the various ch noels Ind muscles of the holy. It was evident that the family's illness was caused by the csffee, with which arsenic had been mixed. Me. Evans's statement traced the possession of arsenic to the prisoner , which he said be had purchased to destroy tat. ; but when the natur e of the complaint which he had laboured under was explained, it was not extraordinary that he should conceal the purpose for which hr required i , . Tie e v i d ence o f Morris, the constable, he conceived, was SO contradictory to the truth, that he should entirely put it out of the luestiun. If there was ground for chatglng the prisoner with having administered the poison, Morris had complete'' , knocked the case on the head by exhibiting the packet of poison which he found in the prisoner's box to the company in several public houses, where it was banded about from one to another. Oa the part of the prisoner, it was relied upon by Mr. Celquhoun that the arsenic that was lost out of the packet, was lost by Morris, when in a drunken state, allowing it to be shown about, when it was fingered and taken up in the same manner that a person would take a pinch of snuff, and a portion of it was lost. He was inclined to place reliance on the evidence of Mary Higgins, and did not think that she inten led to make an incorrect statement. Mrs. evidence was contra: di,!tory to the testimony of some of the witnesses, but it should be considered that it was the evidence of a neither speaking against her son, and it was natural that she -hould le in towards him. Although she had therefore contradicted Mary lizeins, her evidence was not to upset the statement made by that young woman. With re !erence to the evidence of John &idle, it was full of contradictions, did not tally with the evidence of any of the witnesses, and contained so much important matter af f ecting the lite of his eon, that he should leave it entirety in the hands of the jury. When he saw a father so anxious to saddle his son with the commission of such a crime, he could not avoid tematking that ha considered it exceiidingly unnatural, and he was quite at a l oss to ac c o un t f or it. There was one very impor tan t link required in the chain of evidence ; no arsenic was found in the kettle, and it was not alleged that any was put into the coffee when it WAS made. The reason why it was not found in the kettle was, that the kettle was washed and cleansed several time to remove the arsenic which was supposed to have been put in. Some of the. Jury having expressed a wish to hear Dr. Halifax, that gentleman and Mr. Clark, who was in partnership with bim, stepped f irward and deposed that they attended the prisoner about four years ago, for the complaint he mentioned. Toe Jury they retired to consider their verdict, and aft r corrulting togerher about half an hour— The foreman ,aid--" The verdict of the Jury that John Bails, the )ounger, the prisoner in custuriy, it/guilty of wilful murder, as : , gaunt George Bole." The pri , oner, who was removed before the verdict was returned, was here ;)rought into court. The CORONER said—lt wi.l be my duty to commit y6u to AI iidstone gaol for trial, and I trust that better bilelTh will atrend you there, than it has here. The pris,mer did n.t evince the slightest emotion, or , sake any reply. He shook hands with some of his iriend, and qui•ted the room in custody. The CORONER then sent for Mr. Mason, one of the de ceased's executors. On his arrival he inquired what he was sent for ? CORONER—To bind you over to appear as a witness, and prosecute. Mr. Mason—Why atn I to ba selected to prosecute CottoistEß—B cause I think it necessary. Mr. Mason—Teen I shall protest against it. CORONER —Th e law decrees it necessary that sorce one ,huulti be selected to prosecute, otherwise f lons would escape. Are you content ? Mr. Mason—No ; Ido not feel content. CORONER —You must say you are content, or I have no other alternative b to commit you to M , idsione gaol. Mr. Alison—Under muse circumstances I must submit. Several other witnesses, who were in attendance, were also bound over to appear at the ase:zes, and the C o urt was aojourned. The proceedings terminated at half-past ten o'clock hot night. per gufuu.— ,3 or ccsterJour!cal. c:31:ueoh l: yaNr i ,To l x e ,:voie fi :De t: L e ;t s Ato t ;l c u........ i r der is delivering n this city by DREADFUL ACClD p E o lsl:c--::pare tc'ithin 'our e r ith the ides of saviae he: miles of Tuam. A w,,m,n had spread rut a large quanti f flax to dry br6,re a u se; and e`t three of her children for tes dune in the un e i n a:a.y be A t avvfiloi nd sf perished—the mother and ;ter tt,rte a llcolibumed to deal) in thtiflain,?4!--