The Sun. — London, England, 1845-01-24 00:00:00

IRELAND. THE CHIEF SECRETARYHIP. DUBLIN, JAN. 21.—Intelligence of the death of the venerable Earl of St. Germans reached Lord Eliot this day, at Dublin Castle. As his Lordship goes to the House of Lords as Earl of St. Germans, it is very pro bable that he will not continue in the office of Chief Secretary of Ireland. There are already rumours as to his successor, and amongst those spoken of are Lord Dalhousie, Vice-President of the Board of Trade, and Mr. Sydney Herbert, Secretary to the Admiralty ; but, of course, everything on this point at present must be the merest speculation. Lord Eliot had arranged to receive a deputation from the Corporation at the Castle to-day ; but, in conse quence of the event above referred to, the interview did sot take place. Lord Eliot is to sail for Port Eliot, Cornwall, this evening, to attend the funeral of his father. THE ROMAN CATHOLIC CLERGY. The following is the petition fur the repeal of the penal clauses affecting the regular clergy in the Emanci pation Act and the Chat itable Bequests' Act. It is now in course of signature, with the earnest sanction of Arch bishop Murray, amongst the Roman Catholic clergy of Dublin . " THE PETITION OF THE UNDERSIGNED ARCHBISHOP AND SECULAR CLERGY OF THE ROMAN CATHOLIC CHURCH IN DUBLIN. " Most humbly showeth—That petitioners presume to approach your Honourable House, soliciting your gra cious consideration in favour of the regulars or clergy hound by monastic vows in this city and country. " That petitioners have had long and constant oppor tunities of closely observing and intimately knowing tl:e clergymen aforesaid. " That this close observation and intimate knowledge have rendered it evident to petitioners that the said re gulars have always constituted, and still constitute, a class not only of peaceable and loyal subjects, but a class entitled to great merit and great gratitude for their un ceasinc", extensive, and successful labours in the advance ment of ll morality, education, and soci. I order. " That in the year 1829, when, in a spirit of liberal and wise legislation, your Honourable House, by the Act of 10 Geo. IV., chap. 7, commonly called ' The 'Catholic Relief Bill,' admitted to a very full participation in civil rights the Roman Catholics of the realm, to whom, on account of mere abstract religious opinions, these rights had long been denied, the regulars were, petitioners humbly sub mit, unmeritedly excluded from a participation in the be nefits which that measure of justice and of wisdom con ferred on their Catholic fellow-subjects. " That your petitioners, actuated by their intimate knowledge of the deserts of said regulars, appeared at that time before your Honourable House, by petition, stating that the institutions composed of said regulars were suited to the wants of Irwland, promoted exten sively the public good, without being, in any manner, at all known to petitioners dangerous to the- Government or prejudicial to the State, and that the suppression of them would, in the opinion of petitioners, tend much to retard the progress of education, and the moral improve ment of the people,' and praying that a measure of relief and conciliation should not be rendered the means of vi siting with penalties and deprivation of character whole classes of meritorious individuals. . . " That, notwithstanding, petitioners saw with sorrow your Hon. House pass clauses 27 to 39 inclusively of said Catholic Relief Bill, which clauses enact most dis tressing disabilities against said regulars. " That nearly sixteen years of additional experience have confirmed petitioners in the opinion then formed of the merits of said regulars, and of their value to the morals, the education, and the good order of the pecple. " That petitioners have now further to regret, that in the last session of Parliament your Hoa. House thought proper to enact section 15 of 7 and 8 Victoria, chap. 97, commonly called, • The Charitable Donations and Be quests Act,' which section, while it provides for the pro tection and conveyance of ecclesiastical property held by the parochial clergy, extends to said regulars no partici pation in said beneficial provision, and thereby virtually declares said regulars still unworthy of the rights and privileges of British subjects. "Petitioners, humbly conceiving that these exclusions and disabilities affecting said regulars are unmerited pe nalties upon a peaceful, loyal, and most useful body, whose conduct individually and collectively petitioners most respectfully submit deserves from a just and paternal Government protection and not proscription, humbly solicit your Honourable House to restore said regulars to the rights and privileges of the other subjects of the realm, or grant such relief in the premises as your Honourable House in its wisdom shall graciously Stink proper. And petitioners will ever jaray." SICK AND INDIGENT BOOK-KEEPERS' SOCIETY.—The annual meeting of this excellent society was held to-day, at the Commercial-buildings. The Lord Mayor pre sided. Mr. O'Connell and several of the leading citi zens attended. FEVER IS ENNISTIMON WORKIIOUSE.—We have been informed that fever to an alarming extent has broken out in the Ennistimon Workhouse. The master, porter, and fifty of the paupers, young and old, are in hospital. Several of the male and female children, and adults, are also infected with the complaint called " tetters." The workhouses throughout Ireland are too large, and con sequently exceedingly cold, particularly on the ground floors, composed as they are of flags or earth.—Clare Journal. RECRUITING IN IRELAND.—The most vigorous efforts are being made throughout the various recruiting dis tricts to raise recruits; and commanding officers of some corps have received a most formidable circular, in J. E. Napier's energetic style, to use every exertion to com plete the deficiency in their respective corps.— Cork Examiner. FALLING OF TUBER NEW HOUSES IN LIVERPOOL. —On Thursday night last, about ten o'clock, three new and unfinished houses, in Upper Canning-street, fell with a tremendous crash, the walls carrying nearly the whole of the joists, floors, &c., into the cellar, and smashing the timber into comparatively small pieces. The buildings were of four stories in height, of brick, and formed the eastern end of a new row of houses on the south side of the street. Luckily no one was by at the late hour stated. We find that the lower, or cellar portion of the walls, up the datum level, was roughly built of broken pieces of soft freestone, called " nobling," and so imper fectly put together as to be inadequate to support the superincumbent weight, rising to an elevation of forty-six feet. The walls wore but nine inches (or only brick length) in thickness, which is sadly short for buildings of that size. The buildings are upon what was formerly Mosslake-field, in which the unbroken ground is yet a black moss to the depth of two or three feet. The foun dations, however,- were sunk below this, to apparently a stratum of soft sandstone, and the probability is that the houses gave way from the cause assigned.—Liverpool Coerrier. -- ADMIRAL DUPETIT THOUARS.—There is a pom pous account in the French Radical newspapers of a subscription to purchase " a sword of honour for Admiral Deputit Thouars, who had the command of the French expedition to Otaheite. We are told that sub scriptions have been received in all the principal towns of France," and that " it is calculated that no less than 175,000 persons had joined in this expression of feel ing." From this it is argued how strong must be the national feeling of France in favour of the Admiral, and of all he had done against the actual or supposed inte rests of Great Britain in the Pacific. But what do our readers suppose may be the total amount of the sub scription of these 175,000 French patriots ? The sum is 19,685 francs, with the addition (in order to be exact) of five centimes, or one halfpenny ! As 19 then is to 175, so is the subscription of each patriot to the munificent sum of ninepence halfpenny ! The fact is, that 175,000 patriots have combined among them to put together 374,000 halfpence. Each patriot has, on an average, contributed a fraction beyond one penny sterling, in order to accumulate honour upon the Admiral of the Pacific, and to impress England with a due sense of French determination to uphold her officers, however marked their hostility to British interests may be. We are of opinion, however that this penny subscription is, on the whole, a very ludicrous affair.—Post. THE BITER BIT.—A gang of horse-jockeys made their appearance before the magistrates on Saturday last, charged with an a' tempt to swindle a farmer in a most audacious manner. The farmer, it appears, had brought a nag for sale to the fair, &c., and on the pre vious evening fell into the company of several dealers, one of whom proposed to change horses with him, and give him 30s. "to boot." The farmer closed in with this offer, knowing that his horse was considerably inferior to the one he was to receive from the dealer. On the Saturday morning the exchange of the horses took place, and the farmer mounted his new steed for a jour ney home. On arriving opposite the House of Correc tion, however, he was stopped by a jockey, who de manded in the most peremptory terms whither the farmer was taking the horse, which he said belonged to himself. The rustic at once explained the process by which he became possessed of the animal ; but was instantly met with the reply that the person who had sold him the horse had no right whatever to dispose of it ; and was, moreover, ordered to dismount, and to return to the stable for his original steed. The farmer at once per ceived the " dodge" and knowing full well that if he re turned to the stable on foot he would lose both horses, held firmly to that which he had, and referred his new aqua stance to a policeman for satisfactio,n. The con sequence was, that the entire company had to make their appearance at the Town. hall the same forenoon, when it was clearly proved that the trick had been concerted among them. The magistrates ratified the bargain which had been male ; and the designing swindlers, in order to escape f urt h er exposure, added- another sove reign to the exchange money, thus increasing the far mer's i gain to fifty shillings, and leaving him in posses sion of an animal much superior to his own.—Prestun Guardian. T HE RULING PASSION.—It It, perhaps, be re. a fortnight membered, that we stated, or three weeks ago, that a man named Birkenshaw had to York, for trial at the assizes, for roabbbirgnanpnenirsmointtea(ti Ardsley, near Wakefield, of a considerable sum of money, and that the principal witness against him as a man t o whom he had confided his secr e t whilst under remand in the House of Correction. This witness , whose name is John Denison, was tried at Leeds Borough Sessions and acquitted. He was bound to give evidence against N si t V Birkenshaw at the assizes. During the recente7e Nest Biding Sessions, at Wakefield, he could not r tem ptation of availing himself of the opportunity offeredst by a crowded court to abstract a handkerchief from the pocket of a person named George Haigh, of East Moor, for which he was broug h t u p before the magistrates a; the. Court-house, Wakefield, on Monday last, and com mitted for trial at the sessions.—Doncaster Gazette. The sum of one thousand three hundred pounds has been subscribed for the relief of the widows and children of the men who were killed by the explosion of the boiler of the Gipsv Queen, at Blackwall, in November last. The relatives of the sufferers have received weekly ellovances since the accident, and some of them have been supplied with mangles as a means of obtaining a livelihood. SPIRIT of the PUBLIC JOURNALS. CHARGE OF CONSPIRACY AND LAW INTELLIGENCE. VICE-CHANCELLOR'S COURT, Jan. 23. (Before Sir J. K. BRUCE.) WALKER V. HILL. FR UM THE EVENING PAPERS OF YESTERDAY. GLOW.—Excessive expansiveness (though no one would have supposed so) is the complexional foible of Lord Aberdeen. "Le garcon epicier," says the French comic novelist, " est eminemment seducteur, quoique cela ne paraisse pas." Lord Aberdeen is not less eminently communicative, though he seems not quite equally seductive, if we may judge by the final issues of his expansive communications. His Grace of Newcastle, a good many years ago, said he was not accustomed to " dilate with his pen." It would be just as well if our present Foreign Secre tary would try to get out of the habit of " dilating " with tongue or pen, at least on occasions when every word exposes a weaker and more extended front to an enemy. The word too much appears invariably the point he has most happiness in hitting. This some times happens to people who are by no means led into it by excessive warmth of sympathies. On the contrary, caring about as much for one party addressing them as another, they do not feel the distinctions of demea nour required by their tempers or positions. We have thus Lord Aberdeen expanding to Mr. Everett on the desirableness of abolishing slaver in America ; and now we have him expanding to Lord Ranelagh on the questions which have most divided European opinion in late years. But the word too much occurs most emphatically at the close of this curious correspondence. Lord Aberdeen gets out of temper at Lord Ranelagh's intention of publishing it ; though what on earth an amateur diplomatist ever does want but to possess the world with the importance of his opinions and of his over tures—or why on earth Lord Aberdeen took pains to " dilate with the pen " at such a rate, if he did not mean to furnish materials for publicity—are questions his Lordship might have asked himself at the outset. Lord Aberdeen, however, gets out of temper, and this is the way he shows it : " I should naturally feel much disposed to object to the publication of letters which, by me at least, had never benn written with any such view or expectation ; but as my request might be liable to misconstruction, and as I conjecture that the suppression of the corre spondence would be more painful to 3 our Lordship than its publication would be disagreeable to me. I leave you o do as you think proper. Should your Lordship finally decide on giving this correspondence to the public, have only to express a hope that a part of it may be sup pressed." Oh that our enemies would write us such letters ! here is a nobleman of mature years—of qualities (it is presumable) such as to fit him for precisely the post in her Majesty's Government which requires the most in tuitive tact and habit of keeping in view—when he writes or speaks—all probable consequences—and who yet shows evident irritation at so simple a fact as that an amateur Carlist crusader, whom he favours with long letters (when short snubbing ones would have served every purpose), should set his heart upon printing them, and " shame the fools" who undervalued the momentousness of his mission as Minister Plenipoten tiary from Don Carlos to the Court of Great Britain ! Well, Lord Aberdeen gets angry. But surely he might have kept more wit in his anger than to hazard the "hope" that "no part" of his correspondence would be " suppressed" by a gentleman in publishing it ! Why, if such an unsupposable case should happen, he had his remedy in his own hands. Or are we to understand, as the climax to all this mature states man's unsuspiciousness, that he keeps no copies of letters addressed on such subjects to such parties ? The following is the Parthian shot of Lord Rane lagh. We cannot recover from our astonishment that even our expansive Foreign Secretary should not have been "far north" enough to forbear dilating with the pen on a point so obviously open to such an answer : FRAUD. At Queen-square Police on Wednesday, Harman Milton, a well-dressed man, of dark sallow com plexion, about thirty-five years of age, was brought up for re-examination, charged with obtaining 301. under false pretences. The following is a brief outline of the circumstances which are of a very complicated character :—On the 20th of December Mr. John Kinkeade, a retired wealthy tradesman, residing at 20, Rue Royal, Calais, met William Milton (the brother of the prisoner) and a person who represented himself to be Sir Ed ward Barry, at the Hotel de Commerce, when, in the course of conversation, Milton stated that Sir Edward's brougham and six horses were coming over from England to go to his establishment at Brussels. On the three following days he met the parties on the pier, when they pretended that they were anxiously waiting for the arrival of the carriage and horses. Sir Edward expressed great dissatisfaction at the conduct of his servant at Dover, and it was proposed that Milton should go over, ascertain the cause of the delay, and bring back the horses and carriage with him. It was then inti mated to Mr. Kinkeade that Sir Edward expected re mittances in the course of a few days, but was un fortunately at the moment without cash, and Mr. Kinkeade lent Sir Edward 1/. to pay Milton's ex penses, and 41. to discharge the bill at the hotel where he had been staying. Milton went to Dover, and after three days returned with two horses, and said he expected the rest by the next boat. In a day or two afterwards Mr. Kinkeade lent 11/. more, and Milton again came to England. Various excuses were then sent by him to account for the remainder of the horses not being shipped as had been directed. One day the delay was answered by the fog—the next day the black horse was sick, and had been bled, and lastly, Milton's brother had a fever, or the small pox, and he had to go to him in London. In the meantime Sir Edward, as he styled himself, bor rowed several sums of money, amounting in all to 401., and, it having been arranged that they should go to England, the two horses were removed to Meurice's stables, as security for the money Mr. Kinkeade had advanced. After going to se veral places in quest of Milton they proceeded to Sittingbourne, where the prisoner was introduced as Milton's brother. On the following day they went to Chatham, where some horses and a gig were shown as Sir Edward's, and Mr. Kinkeade having lent other moneys, an agreement was drawn up by which it ap peared that Mr. Kinkeade was to have possession of the horses as security for the money he had advanced, and that Sir Edward gave him a promissory note for 100/., but that the latter was to be considered as col lateral security only. Sir Edward was to take the gig and horse, and Milton the two horses, to Worthing ton's, at Dover, and it was arranged that Mr. Kin keade and prisoner were to proceed to London for a brougham and three other horses of Sir Edward's. They went to the Black Horse, in Coventry-street, where prosecutor gave the prisoner a sovereign, and on the next morning they repaired to the stables in Caroline-street, Coleshill-street, Pimlico, where pri soner showed Mr. Kinkeade three valuable horses, which he represented to be Sir Edward Barry's, and also a brougham. They went to a house opposite, where prisoner introduced prosecutor to a lady whom he described as his sister, and invited him to take a glass of wine. Prisoner then asked the prose cutor for 301., which he refused to give until the horses were sent to the railway station. Prisoner then said, " I may as well be candid with you ; I can't remove them until the rent is paid," at the same j time pointing out of the window to a man, and ob serving, " There is the keeper." Prisoner asked pro secutor what he was afraid of, as Sir Edward was a gentleman of fine property—when prosecutor gave ' him two 101. notes, and asked him if that would do. , Prisoner then, taking a gold watch from his pocket, said he could pledge it, upon which prosecutor ob served that he need not do that ; and in order to pay him the W., to make up the 30/., got change of a 1001. note at the Bank, and gave him the amount re quired. Prisoner asked prosecutor whether he should see him on the following morning, as the horses would go at a very early hour; and it was ar ranged that they should meet on the following morning, at the Black Horse, which they did, w hen prisoner said he was waiting for some other horses, and they could all be taken together. Prosecutor said that he had made an appointment with Sir Ed ward at Dover, and he should go there at once, and prisoner might send the horses and carriages after him. Prosecutor left town, but did not find the horses at Worthington's, nor Sir Edward, of whom he went in quest to Calais, and found that the horses had been taken away from Meurice's. Mr. Kin keade then went to Boulogne, and found that Sir Edward had gone with the horses to Folkestone, whither he followed in a fishing-boat, after being driven into Dover. He found one horse at the Pavilion. He then went to Canterbury, where a person named Beaumont said, that two of the horses belonged to him. Prosecutor was subse quently taken to Sir Edward, at a low public house, where Sir Edward said he had his bill, and that it would be paid. Some of the above circumstances were proved against the prisoner, to justify his detention, but we have found it neces sary to travel out of the evidence in:order to render the account at all intelligible to the reader. It was further shown that the distress in the stables in Caroline-street amounted to 71. only. On the prisoner being placed in the felon's dock, Mr. Steele, who attended for the prosecution, stated that a true bill having been found on Tuesday in the Court of Queen's Bench, by the grand jury for Mid dlesex, against the parties for conspiracy and fraud, on which a judge's warrant had been obtained, he would not trouble the Magistrate by offering any further evidence. Mr. JAMES RUSSELL (with whom was Mr. Daniel) applied to the Court, on behalf of t he plaintiff, for an in junction to restrain the defendant from making, manu facturing, selling, or disposing of, or causing to be manu factured, sold, &c., a certain description of axle-shaft, for which a patent had been obtained by a Mr. Hardy, and which the plaintiff now used. The object of the motion was to prevent the defendant, who, as well as the plaintiff, is resident at Birmingham, from infringing the plaintiff's patent. Mr. Wigram appeared for the defendant. His HONOUR granted the injunction, without prejudice to any motion that either party may deem fit hereafter to make. My Lord—ln acknowledging the receipt of your letter of yesterday, I must beg your Lordship to excuse me from following the example which you have set me, by infusing into this correspondence any portion of per sonal feeling. " I shall merely observe, that, until I bad read your Lordship's letter now before me, it never had en tered into my mind that any gentleman would entertain for a moment the notion of garbling a correspondence which he felt it to be his duty to give to the public." Prisoner waa then discharged by the Magistrate, and immediately apprehended on the judge's warrant by Panting, an officer of the Court, in order to be taken before one of the judges. COLLISION WITH AN OMNIBUS.—On Wednesday afternoon, as an omnibus was coming down the Surrey side of Westminster-bridge, a person was observed driving at a furious rate, and evidently intending to make a passage between the omnibus and footpath—an intention which immediately became obvious to a young lady could not be effected without great danger, and she exclaimed, " Stop ! for God's sake, stop !" but without inducing him to pay any attention ; and in another moment he had forced his way, and the wheel of the phaeton going over a stone, he was precipitated on to the ground. Most providentially a man who was passing seized hold of the reins and stopped the horse, while the young lady threw herself into the carriage-road and dragged the unfortunate sufferer from the ground. By this time a crowd of persons had assembled, and the gentleman was lifted into the phaeton, though suffering so severely from his fall as to require assistance in pur suing his journey. The conductor of the omnibus (to whom no blame whatever can be attached) was most active in rendering assistance. It is to be hoped that the narrow escape of this gentleman from a dreadful death will be a warning to others against driving with such reckless disregard of their own safety or that of others. OUR ALLEGIANCE.—A good deal of conversation has arisen on the:subject of our removal within the City, and it is asked in several quarters whether we shall pay our allegiance to Gibbs. We beg to say, once for all, that we respect the City sovereignty, and to him who is, de facto, the Cockney King, we are prepared to render the homage that is due to him. We feel that we owe Gibbs something,, and we trust we know how to pay him off.—Puxch. ROCHESTER, JAN. 20.—THE CASE OP SHOOTING AT CHALK.—The county magistrate's were engaged for some time this day in taking the depositions of the several witnesses in the case of the boy White, who was shot on Christmas-day in a field at Chalk, and for which offence George Blake, aged 12, and Charles Rand, aged 14, have been held in custody. From the evidence of Dr. Brown, who attends the boy White, it appears that there were twenty-three wounds in the head, besides others in the neck, arm, and aide. He still considered his patient in a very doubtful state. From the evidence of the witnesses, it appears that there was a quarrel be tween the parties respecting rabbit-shooting; that White kicked Blake in the groin, on which the latter said, D—n your eyes, I'll shoot you." Rand first took the gun and pointed it at White, but immediately said, " I shan't shoot him ; you shoot him." Blake then took the gun and pointed it at White, who ran away, when Blake instantly fired, hitting him as above described. The prisoners wept bitterly during the examination, and were fully committed to take their trial at the next assizes at Maidstone. SUDDEN DEATH OF AN ECCENTRIC LADY.—On Tuesday night Mr. Higgs held an inquest at the Talbot Tavern, Little Chester-street, Grosvenor-place, as to the death of Mrs. Lydia Doran, aged sixty-seven, a lady of some property, but of very penurious habits. Mr. Short, of 21, Grosvenor-place, surgeon, stated that he had at tended the deceased for twelve years for bronchitis. On the 16th inst. he saw her for the last time. She was then v..erse, and having given directions what was to be done, he sent her some medicine, but the next morning heard she was dead. lie had no doubt she died from exha,us - tion, to some extent caused by her penurious habits, for she would refuse herself those necessaries her state re quired, lest her property should be exhausted and she should come to want. She had often dismissed him for a time, as she said it was so expensive, and she hoped to get better. Mr. Pragnell stated that she was found dead in her bed, and the medicine had not been touched. She had sufficient to live on. Verdict—" Died by the visita tion of Ged." SALE OF A VALUABLE CHURCH LIVING:on Tues day, the perpetual advowson, with the next presentation to the living of Trimley, St. Martin, in the county o Suffolk, was disposed of, by public competition, at the Auction Mart. The large and small tithes had been commuted at the sum of 5001. per annum. The out• goings amounted to about 451. a-year, but were compen sated by the glebe, consisting of twenty-one acres. The population, wholly agricultural, consists of about 500 persons, and the parish comprised above 1,200 acres ; while the incumbent is in his 86th year. The auctioneer stated the value of it to be 7,000/, The first sum offered was 4,000/., and it was knocked down, after a spirited competition, for 5,950/. THE SIJN, LONDON, FRIDAY MORNING, JANUARY 184,5, common law of England. An attempt had been made by his Learned Friend (Mr. Martin) to put the matter on some general or universal law of nations, contending that in all civilised countries such a right must exist. How could any such right exist, when the law varied in different countries, and when copyright was given for such different terms ? The argument, however, had been principally rested on the common-law right. It was yet an open question whether any right existed, even in the case of an English subject, independent of the statute law ; and that question must be decided before such a right could be claimed for foreigners. When Ireland and Scotland were foreign countries, it was a common matter of complaint that English books, soon after they appeared in this country, were republished ; and in the case of Ireland there was a scramble amongst the Irish booksellers to see who should first establish a kind of right to the publication in that country. Why was it, if the arguments on the other side were sound, that the English authors did not seek redress in the Irish courts? A similar illustration was to be found in the case of Mr. Dickens, whose works were republished in America, but who had never sought redress against the American booksellers. With regard to the assignment pleaded in this case, how could that alter in the least the original character of the work ; or how could the assignor acquire any right which did not belong to the assignee? Why was the assignee to be placed in a better position than the author, or to possess any additional right ? He thought their Lordships would pause before they recognised the common-law right in an Englishman ; but even if it were determined that this right existed, and that it could pass from one English subject to another without deed, the plaintiff would still have to show, either by statute or common-law right, that a property was recognised in a French publication. It appeared to him that there was no such right, and that he was entitled, therefore, to have the verdict entered for the defendant. Mr. MARTIN said, the point put by his Learned Friend had been submitted to the Courts of France in the case of an Italian work republished in that country, and had been decided in favour of the assignee. The Court intimated that they would take time to consider their judgment. The papers were handed up to their Lordships to assist them in coming to their decision. (Before Mr. Justice WILLIAMs.) THE QUEEN V. THE COMMISSIONERS OF EXCISE. Mr. COOK moved for a writ of mandamus, directed to the Commissioners of the Excise, calling upon them to express their assent in writing to a recommendation of the Commissioner of the Court for the relief of insolvent debtors, that the sum of 401. per annum should be paid to the provisional assignee of the estate of Philip Hay ward, lately an officer in the excise, and now in receipt of a superanuation pension of 1201. a year, that sum to be equally apportioned among his creditors. The insolvent, Philip Heyward, had been committed to the prison of St. Thomas the Apostle, in the town of Exeter. He filed a petition in the Insolvent Court there. and obtained a hearing before the Circuit Commissioner. He was opposed by a creditor, and ultimately the Court made an order that he should pay 401. a year out of his retiring pension. The practice of the Court was that the order or recommendation by the Commissioners of the Insolvent Courts should be transmitted to the Court of Excise, which might or might not assent to it, in terms of the Act of Parliament, 1 and 2 Victoria, chap. 110, secs. 5 and 6, which excepted those holding certain eccle siastical benefits, and the pay or pension of military per sons, or persons employed under Government, from the operation of the general vesting order. To bring the matter more clearly before his Lordship, he would read the answer transmitted by the Court of Excise to the op posing creditor. It ran thus a—" Sir—The Commissioners of Excise have considered the application made to it, that a certain sum should be apportioned to the cre ditors of Philip Heyward from his superannuated allow ance, and they request me to state that the reonmenda- tion cannot be acceded to, as the Court has no power to stop any part of such allowance." He contended that the Court of Excise had that power, and therefore it was that he moved for a mandamus. Mr. Justice WILLIAMS did not see how the Court could interfere, as it was discretionary with the Court of Excise whether any recommendation, proceeding from the Insolvent Court, and affecting the stipend or pension of any its officers, should be acceded to. The application was refused. IN THE MATTER OF OILBERT. The SOLICITOR-GENERAL said that he understood an applicati , n had yesterday been made by Mr. Huggins to set aside a rule which had been granted on an exparte statement made by himself, in the case of two infants. Now he thought it was essentially necessary that the in fants should appear before the Court, as the question was one between two guardians, and it might remain for the children to state in whose custody they might wish to be. He, in order to avoid any delay, would move for an attachment against the party to whom the writ of habeas was directed. . _ _ Mr. Hmatlis said that they had the whole of that day to make the return to the writ, and it would cer tainly be done before night. His LORDSHIP said, under these circumstances, he would not interfere, but leave the matter for discussion before the full Court. POLICE INTELLIGENCE. (YESTERDAY.) MANSION-HOUSE. Two men, named Kirby and Armstrong, were brought before the Lord Mayor on suspicion of having plundered the premises of Messrs. Letham, Blyth, and Letham, of Friday-street, muslin manu facturers. Mr. Humphreys appeared for the prisoner Armstrong. Mr. Matthew Letham, of the house of Letham and Co., stated that on the morning of Wednesday last two pieces of goods (trimmings) were stolen from the warehouse. lie could swear to some of the goods positively by the private marks of the house. They were Scotch goods, and many firms had the same sorts of goods. Mr. W. Beman, of Tottenham-court-road, stated that his partner purchased some trimmings from the prisoner Kirby, and witness paid Si. 45., or 81. 6s. for them, and three or four dresses, about ten or eleven days, or perhaps only a week ago. (Here a parcel of goods were produced, which the witness identified as those he had purchased.) James Nelson, a person in the employment of Mr. Evans, of 149 and 160, Tottenham-court-road, stated that a second parcel of goods which was produced had been brought by the prisoner Kirby to his em ployer, about a week ago, and that Mr. Evans paid 41. 7s. 9d. for them. The bill of parcels was here ex hibited. It enumerated the particular of the purchase with the ustial regularity. Inspector Waller stated that, in consequence of in formation which he had received that a robbery had been committed on Wednesday week, in the ware house of Messrs. Latham and Co., and that the goods stolen had been offered for sale, he went to Mr. Evans's house to look at the property. Mr. Evans identified the property, and Mr. Latham stated that Kirby, who resided at Islington-green, at a coffee shop, had sold them. At Islington-green, Kirby, upon being questioned, with the due caution to mind what he said, as he was to consider himself in custody, stated that he could clear up his part of the transaction by proving from whom he had got the goods. Kirby then ac companied him (Inspector Waller) to Stanhope street, Clare-market, where, after having wasted a considerable time, he saw the prisoner Armstrong go up to the door of a house. Kirby then approached Armstrong, and said to him, " Why, lam come after those goods. This is a pretty thing." Witness then asked Armstrong, having told him previously that he was not hound to answer, where he got the property. Armstrong said he could not directly tell, and witness conveyed him to the station-house. Witness after wards searched Armstrong's lodgings, but found there but one small piece of goods, which he said he left with his wife to cut up for caps for the children. Mr. Letham said the piece of goods just produced was of the same style of goods as those which had been already identified. Mr. Ewin, who stated that he was in the employ ment of Messrs. Letham and Co., said he had packed some parcels on the day preceding the robbery, and taken them round in his chaise, and afterwards depo sited them in the warehouse, and that on going next day to the warehouse he found that they had been stolen. The LORD MAYOR (to Mr. Letham)—Did you sell any of these goods to the trade ?—Mr. Letham replied that he believed he did last year. The LORD MAYOR—WouId these pieces have brought a higher price than Mr. Evans gave for them ? Mr. Letham—They would have been sold at a much higher price. Mr. Evans has given a very low price for them. Mr. Humphreys—ls not Mr. Evans's a very respect able house ? Mr. Letham—Certainly it is. The LORD MAYOR—These goods have been pur -1 chased at fourpence-halfpenny a yard. What would you have charged? Mr. Letham—l think there is not one which we would sell at less than ninepence a yard, and there are some which would produce four teen or fifteenpence. Mr. Humphreys—ls it not usual to sell off a bank rupt's stock at at least as low a rate, comparatively ? Mr. Letham—l have never observed things of the kind. lam not in the habit of taking the least notice of placards or advertisements about such stock. Mr. Humphreys—Do you not know that goods are often sold at a great reduction of price ? Mr. Letham (as we understood him) —Certainly. The LORD MAYOR—I shall remand the prisoners. The prisoner Kirby asked whether the Lord Mayor would not accept of bail for his appearance ? The LORD MAYOR replied that he could not accept of bail under the present circumstances. A very wild-looking Irishman, named Ned Howe, was brought before the Lord Mayor upon the charge of having assaulted Margaret Macnamara, a count r y woman of his own, after having been bound over a short time ago to keep the peace towards her. The assault was committed under rather odd circum stances. The statement of Mrs. Macnamara was to the effect that she had, about three months ego, been in volved in a row with the defendant in Angel-alley, and that the Lord Mayor thought so badly of his conduct upon that occasion that his Lordship thought proper to bind him over in a serious penalty to keep the peace for ALARMING EXPLOSION AND DESTRUCTIVE FIRE. On Thursday morning an explosion of a fearful character, and which resulted in a great destruction of property, took place in the oil and colour stores in the occupation of Mr. Bayliss, colourman, No. 149, White chapel-road, immediately facing the London Hospital. From inquiries made upon the spot, it appears that two lads in the employ of Mr. Bayliss were engaged between eight and nine o'clock in drawing off a quantity of naptha from a churn-shaped vessel. Whilst they were so employed the light they held communicated with the inflammable fluid. In an instant, and almost before the lads could escape, the body of naptha took fire, and the house from the bottom to the top was one mass of blaze. One of the conductors of a Bow omnibus hastened to Mr. Crookland, at the Jeffery-square station, and the engine from that station, followed by others of the brigade, was very speedily at the scene. By the excrtionsof Mr. Braidwood, and his men the flames were confined to the building in which they originated, but the work of extinguishing the fire was one of no ordinary difficulty, the limbs and lives of the firemen being in constant jeopardy from the frequent explosions which took place among the ruins, supposed to arise from a quantity of gunpowder among the stock. Co pious supplies of water being furnished to the engines at work, the ruins were cooled by half-past ten o'clock, but every particle of property is destroyed, and the house, which is completely burned through, and in a very tot tering state, must be taken down. One of the lads was rather severely burned about the hands and face, but having had his injuries dressed at the London Hospital, he recovered so far as to be able to engage in business again. Both the house and its contents are insured. The adjoining premises, occupied severally by Mr. G. Was tropp, baker, and Mr. Sewin, corn-chandler, are par tially injured by fire and water. ENORMOUS FALL OF EARTH IN A MINE. Yesterday an inquest was held at the Coseley Ta vern, at Coseley, on the body of Benjamin Smith, a miner, whose death, with that of two other men, was caused by an enormous fall of earth in a mine in which they were working. The accompanying state ment, given before the coroner by one of the sur vivors, will be perused with deep interest : Joseph Parkes said—l live at Cosely, in this parish, and am a miner. On Friday last I was at work with the deceased Benjamin Smith (who was about thirty two years old, and a miner, living at Cosely), in a coal-pit at the Fox Yards, in the parish of Tipton, in this county, and while we were at work there, about half-past nine o'clock that morning, a quan tity of clod and earth fell in, to the amount of more than a thousand tons, and almost every man in the pit was stopped up. Some few of the men were a distance off, and got clear away ; but the de ceased, myself, and four others, were stopped up in one of the hollows. Great exertions were made to get us out ; there was plenty of help, and nearly all the miners from the adjoining collieries came to their assistance. Several tons of stuff were soon removed, and in about an hour one of the six men was got out very badly hurt, but he is still alive. Another was got out soon after without much injury. As fast as the miners got the stuff away more fell in, but in the course of the day all the remaining men, except my self, were got out, but I was not got out till about ten o'clock that night. I was not at all hurt, but was very w.eak through the damp and confinement, and being without food. I had not had anything to eat from the previous night, so that I was more than twenty•four hours without tasting it. I was quite sensible all the time, and conversed with all the men. I talked with Smith as long as he lived, which was about an hour and a half, as near as I can guess, after the stuff fell in. Two other men were killed. One of them lived about an hour, and the other about an hour and a half. I could hear the miners working to get us out. I believe everything was done that could be done. I was afraid to stir, although I saw my suf fering companions close to me nearly buried in the earth. It was light a part of the time from a candle, but after it went out we were in darkness all the time. Some of the men had their arms wedged down, and asked me to remove the clods from their mouths to allow them to breathe, and I did :o several times, although it endangered my own life, as the guff continued falling. The butty was one of those stopped up, and he died. While he was con fined his arms were crushed against his body, and his head was kept bent down. lie could scarcely breathe, and when I removed the clod from his mouth he breathed so hard that the candle went out, and we gave ourselves up for lost. I have been a miner from my childhood, and have worked at the pit in question about six weeks, and speaking from my expe rience I think the occurrence was accidental, and could not be prevented. I did not think there was any danger, or I would not have worked at the pit. There is plenty of timber, and every precaution is taken to ensure the safety of the men. After the deceased was got out, his body was, I b.lieve, taken to his house. It is now lying there. The two others who were killed were removed to Dudley. I think the accident took place through there being a hollow above the one where we worked, and the stuff between the two dropping down. Ido not think any one is to blame with reference to it. Other corroborative evidence was given, and the jury returned a verdict of " Accidental death."— Wolverhampton Chronicle of Wednesday. We understand that the tenantry of Sir Henry Durrant, Bart., of Scotto, have received his sanction not only to sport on their several occupations, but also to invite their friends. This is a novel circumstance in the county of Norfolk, and speaks well not only for the good feeling which exists between this gentleman and the tenants, but exhibits on the part of the Hon. Baronet a high confidence in the character of those whom he has thus trusted. We hope, nay we feel assured, that this permission will in no degree be abused, and that Sir Henry will always find as ample sport on his domain under the care of his tenantry, as he has done at any previous time.—Norwich Mercury. BURT V. ALLAN. This case, which was before the Court upon bill and supplemental bill, related to the settlement of partner ship accounts between the late Dr. Allan, High Beach, Essex, and George Bury, surgeon, the plaintiff in the cause. It appeared that early in the year 1842, the plaintiff, Bury, and the late Dr. Allan entered into part nership in the management and proprietorship of an establishment at High Beach for the cure of insane and nervous persons, Bury agreeing to pay Dr. Allan the sum of 2,5001. in consideration of the share he was to have in the profits—one moiety, viz., 2501, to be paid on the day of the commencement of tho partnership; the other moiety within a specified time mentioned. The partner3hip lasted uninterruptedly from February, 1842, to July in the same year, when, in consequence of an altercation between the parties, Dr. Allan excluded the plaintiff from all management or concern in the establishment. Up to that period the first moiety of the sum had been paid by Bury; the other moiety has never yet been paid. The original bill was filed in 1842, when an order of the Court was made, according to which the Master appointed Dr. Allan to act as re ceiver or collector of the partnership debts. Subse quently, in the year 1843, Dr. Allan became bankrupt, and the plaintiff thereupon filed a supplemental bill against the assignees. For the defendants it had been argued that the plaintiff had no claim to any of the part nership profits, and that he should be merely paid the money he had advanced, and the interest thereon. His Hosroua entered at length into a detail of the cir• cumstances which led him to the conviction that Dr. Allan was not justified in excluding the plaintiff, who had em barked such a sum in the concern, from all share in the partnership, and he therefore ordered the accounts to be taken as between the assignees and the plaintiff, the latter to be credited with the 2,5001. mentioned in the agreement, and debited on the other hand with the 1,250/. unpaid. And, besides, with such a sum as bore the same proportion to the whole 2,5001., as the time from the commencement of the partnership to the Ist of July, 1843, inclusive, bore to the term of fourteen years, the intended duration of the partnership. Any questions of interest, as w ell as of costs, between the plaintiff and assignees to be reserved, and an arrangement to be made to prevent any dividends being made in the bankruptcy prejudicial to the plaintiff's rights. COURT OF QUEEN'S BENCH, Jan. 23. The Court were engaged to-day in hearing arguments upon a case relating to a Cornish mine, im which the question to be determined referred to certain boundaries and customs in Cornwall. The question, therefore, in. vulved no general interest. COURT OF EXCHEQUER, Jan. 22. (Sittings at Nisi Prius, before Mr. Baron ROLFE and a Common Jury.) READING V. HOWORTH. . - . This was an action on two bills of exchange for the respective amounts of 161. 10s. and 5L ss. 'The defendant pleaded that she did not accept. Mr. Petersdorff appeared for the plaintiff, and Mr. Piggott for the defendant. It appeared that the defendant is a very old lady, up wards of 80 years of age, and that some two years since a person of the name of Symonds, the son of the de fendant by her first husband, took the bills in question to the plaintiff to be discounted. This the plaintiff, after having made inquiries as to the fact of the acceptances being in the handwriting of the defendant, consented to do, and eventually handed over the money for them. The bills, however, on arriving at maturity, were not duly honoured, and remained unsatisfied down to the present moment. Hence the action. A gentleman of the name of Sayer, who was the managing clerk at a solicitor's in Bedford-row, was called as a witness to prove the handwriting of the ac ceptances to be that of the defendant. He had seen her sign her name to legal instruments. He entertained not the least doubt of these acceptances being in her hand writing. Mr. PIGGOTT, on behalf of the defendant, stated that she was now upwards of eighty years of age, and was not free from exhibiting the infirmness of a person who had arrived at that advanced period of existence. That lady most positively denied that she had ever accepted these bills. - It was not a little singular that if the plaintiff had really entertained an opinion, after their dishonour, that they had been accepted by her, he should not have taken any steps upon them for upwards of two years. But such had been the fact ; and on the part of the lady he was there that day, not simply to repeat her declara tion, but also to prove by evidence—evidence of a far mere satisfactory and conclusive character than that which had been offered on the other side—that the ac ceptance to these two bills was not in her handwriting. Mr. R. Cooke was then examined.—He stated that he was a conveyancer, and had known the defendant for several years. She was eighty years of age, and wrote a very feeble hand, a fact he was well acquainted with, because he received her half-year's dividends, for which she not only gave him her receipts, but frequently wrote to him on the subject of them. These acceptances, he should say, were not written by the defendant. The writing was very much too firm and bold for an old lady like her. She wrote her name, as on the bills, at full length; but then her writing was distinguished by great tremulousness. Were he to receive instructions with such a boldness of signature, he should not act upon them, because the writing was far too firm and bold for a woman at her advanced age, and most certainly for the defendant. ;,Cross-examined —He did not know were the defendant lived at present. She usually called or wrote for her dividends, and therefore, as he had no other transactions with her, he had no occasion to know where she resided. Mr. PETERMORFT --- May I ask whether you did not belong to another branch of the profession than that which you have now stated? Witness—Yes; I was, and am, I consider, a member of the bar. Do you mean to say that you believe yourself to be a member of the bar nowt—Yes, certainly. Why, have you—l lament at being compelled to put such a question—have you not been disbarred ?—Yes, I have been disbarred, but only by the benchers, and an appeal has been lodged against the decision of those gentlemen. What was it for ?—lt was in reference to a bill which I had discounted, and the Benchers were of opinion that too much interest had been taken upon it ; but I feel that I have not done so, and that I stand before the world as free from the imputation of any dishonourable or improper action as any man possibly can be. The Benchers, however, with respect to this particular trans action, appear to have entertained a different opinion ; but my character is as unblemished as any character can by possibility be. With regard to these bills I may be allowed to state that I knew nothing about their exist ence until now. Mr. PETERSDORFF having replied, Mr. Baron ROLFE told the jury th© question was one upon which they alone could decide. They w ould ha v e to say to which of the two witnesses they were inclined to give the greater credence. The jury returned a verdict for the plaintiff:— Damages, 241. 3s. JANUARY 23. (Sittings in Banco.) DAVIS V. ANCRAIL In this case Mr. Jervis had obtained a rule calling on Mr. Moss, the plaintiff's attorney, to show cause why he should not refund the sum of 5/. Is. paid to him for costs on an untrue representation that judgment had been en tered up. The application, in the first instance, was made before the Lord Chief Baron at chambers; but his Lordship, on the ground that an important point of pro fessional practice was involved, intimated that it should be heard before the full Court, in order that such notice might be taken of the case as it seemed to demand. The Learned Counsel now moved, on several affidavits, and, among others, that of the defendant himself. In that affidavit it was stated that the action was brought to re cover the sum of 41. ss. 6d. Notice of trial was given on the 2d of August, but it was also countermanded, as were also several subsequent ones. The action was at length tried on the 3d of July, when the plaintiff ob tained a verdict for the sum of 11.73.6 d. The trial was, however, set aside on the ground of irregularity, it being stated that though the defendant had a good defence to the action, it was unavailing on account of the vexatious delays on the part of the plaintiff. Being unable to pay 8/. 15s. 6d., the amount incurred by costs and other wise, the defendant went to the plaintiff's atter- Rey in December last, to request further time, which the attorney at first refused, on account of the judgment and execution having been signed, though he at length con sented to stay proceedings on payment of the debt, costs, and further sums stated to be due, the whole amount being 131. 16s. The defendant signed a memo randum making his goods liable to that extent. The money was paid in due time, and proceedings were taken, when it was perceived that judgment had not been signed. The plaintiff's attorney then proposed to refer the matter to a solicitor, and correspondence ensued. Mr. CHAMBERS now showed cause, contending that Mr. Moss had done all in his power to save expense, and that all the outlay was occasioned by the defen dant's offering vexatious obstacles to the progress of the proceedings. Mr. JEavis, in reply, submitted that the rule sh ou ld be made absolute, as the affidavits of his Learned F r i en d admitted the overcharge.—Rule absolute. CHAPPELL V. PURDAY. This case was argued last term, the suit being insti tuted for the alleged infringement of the copyright o f the opera of Fra Diavolo. The principal facts of th e case have already been laid before the public. Counsel were heard last term in support of the rule obtained by the defendant, either to have the verdict entered for him on some of the issues, or to have a new trial. Mr. CROMPTON followed this morning on the same side. The Learned Counsel said it seemed to be admit ted on all hands, that the music of Fru Diavolo was the composition of Auber, and that it was assigned by him to Latour, and published in France before it was pub lished in this country either by the plaintiff or the de fendant. The proposition which he was prepared to maintain was, that this species of property could not exist in any one, except an English author of an Engligh work, or the assignee of such author. The decision of the case must depend either on the statutes relating to copyright, or on the six months. Notwithstanding, however, so solemn an engagement, he bounced out of his window in Cock-court, Angel-alley, in his shirt, on Wednes day morning early, and pitched his knuckles into her ribs with such violence, that she wondered the life did not leave her along with her breath. The LORD MAYOR—Do you swear that he actually got out of his window without his clothes to attack you? Complainant—Yes, your Lordship. All he had on in the world was his shirt, and I was in the front of the court getting a kettle of water. The LORD MAYOR—WeII, defendant, what have you to say ? You are accused of breaking your bond to keep the peace. Defendant—Oh, then, my Lord, who could stand it? Why, do you know what she called me ? By the vartue of my oath, she called me a son of a —. Complainant—Well, my Lord, what do you think he called me ? By the vartue of my oath, he called me a —, and ain't that as bad as the son of a -- any day ?—(Great laughter.) Why should Ibe tumbled over head and heels, and a kettle of water on my head, for calling him what his mother knew very well he was (Laughter.) The defendant—The devil a bit I hurt her, for I didn't give her a single clout on earth. . The LORD MAYOR—She swears that you did, and it is quite intolerable, after a magistrate has taken your own recognisances to keep the peace, that you should so grossly break it. Now I must put 'a stop to this sort of proceeding. I shall send the case to the sessions to be disposed of. The prisoner was accordingly committed. BOW-STI?EE7'. Two lads, by name Thomas Murphy and John Thomas, were charged with stealing two pieces of bacon, the property of James Clark, a cheesemonger, in Museum street. The prosecutor stated, that at about three o'clock in the day, on Saturday the 19th, he had occasion to leave his shop for an instant, and on his return he missed two 1 ieces of bacon from his counter. On going to the door of his shop he saw the prisoners running away, and he then called a policeman, who overtook them and found the bacon on them. Edward Harris, policeman E 50, proved that prose cutor called his attention to the two boys, and having told him that he thought they had stolen some bacon, he seized them, and found the bacon in their possession. The prisoner Murphy said that he bought the bacon from a boy in a naval cap, whom he met in the street. The prisoner Thomas said he was with Murphy, and saw him buy it.—Committed to take their trial. MARLBOROUGH-STREET. One of the Italian mendicants, about 18 years of age, was charged by Wm. Horsford, one of the constables belonging to the Mendicity Society, under the following circumstances : Between five and six o'clock last evening the prisoner had placed himself on the foot pavement in Oxford street, and was exciting charity by pretending that he was in great pain. Knowing him to be an impostor, the constable took him into custody, and on searching him found in his pockets Is. 10d. in silver and copper, and in a small bag concealed in the lining of his trousers there were 16 sixpences and 13 fourpenny-pieces. lie was committed for one Month. LAMBETH. John Pearce, a young urchin of 12 years of age, was charged with robbing his mother of 3s. in silver. The father and mother of the lad stated that they had a large family, and the prisoner was their second child ; he was continually robbing them, and they had tried all means of reformation, but in vain. The father was a bookbinder, and there was plenty of work, but the prisoner did not choose to do it. He had got his son two or three excellent situations, but he never kept them. The father added that he had even gone so far as to keep him for a fortnight locked in a back room without his clothes, but it was all to no purpose. Mr. NORTON (with the approbation of the father) di rected that Cook, the gaoler, should take the prisoner into one of the cells, and administer to him a severe whipping with the cat-o'-nine-tails, and then bring him again into Court. In compliance with the Magistrate's order the castiga tion was immediately administered. The youthful cul prit afterwards received a severe admonition from the worthy Magistrate, and was delivered up to his parents with a caution as to his future conduct. CLERKEIV WELL. An elderly gentleman, dressed as a clergyman, and who described himself on the police-sheet as the Rev. Thomas Hanbury, of Leicester, clergyman, was charged with having been found drunk. Police-cnstable E 165 deposed that, on the previous night, he found the prisoner in Bernard-street, Russell square, drunk, and incapable of taking care of himself. Mr. GREENWOOD asked the prisoner what he had to say to the charge ? Prisoner—l have nothing to say. Mr. GREENWOOD—You are fined ss. WORSHIP-STREET. A LIBELLOUS PLACARD.-Mr. Phillip Meedon Hewitt, a respectable elderly-looking person, residing in Gloucester-street, St. John-street-road, appeared on summons before Air. Broughton, on the complaint of Mr. John Stewart Kipling, a solicitor, charged with having, on the 14th instant, caused to be written and published a false and scandalous libel concerning the said John Stewart Kipling, with intent to excite him to a breach of the peace. Mr. Smith, a solicitor, attended for the defence. The complainant stated, that in May a stock•job hing transaction took place between Mr. Heseltine and the present defendant, and the latter came to con sult complainant, stating that he had deposited Spa nish bonds to the nominal value of 9,0001. in the hands cf Heseltine, and could not recover them. Com plainant commenced an action of trover for him against Heseltine, and another action against Messrs. Master man and Co., the bankers, for 841., which had been at tached in their hands, in the Lord Mayor's Court. The result of the latter action was the recovery of the 811., minus Messrs. Masterman's expenses (about 91.), and complainant handed over the proceeds to Mr. Hewitt, the present defendant, his own costs (about 81.) being paid. The action against Heseltine is still pending. It is a special jury cause, and the costs out of pocket in bringing that to trial will amount to about 301. for counsel's fees, fees in court, &c. The plea set up was that the bonds did not belong to Hewitt, and that he did not sell them. The present complaint against his late client, the present defendant, was for publishing an infamous libel in a paper which had been stuck on the wall of the workhouse, and was now produced, arid which he said was in the handwriting of the de fendant. The writing on the produced paper was as fol lows:— " NOTlCE.—Unless Mr. Kipling, solicitor, 8, City road, makes his appearance, and give up Mr. Hewitt's property (9,0000, he will be advertised as a rogue and vagabond, and there will be a reward offered (1000 for his apprehension. " JOHN HEWITT." Mr. James Whitehouse, a grocer in the City-road, stated that between three and tour o'clock in the after noon of the day above-mentioned, he saw a person who appeared to him to he in the act of putting up a paper against the wall of the workhouse, and he had little doubt that the defendant was the person, but he should not like to swear to it. The prisoner went away directly, and the witness went and read the paper that had been posted up, and then knocked at the workhouse lodge and pointed it out to the porter, who also read it and tore it down. Richard Morgan, clerk to Mr. Kipling, the com plainant, said he had seen the defendant write, and he believed the paper now produced to be in the de fendant's handwriting. The complainant being recalled, said that about three weeks ago the defendant came to him in an ex cited state, and told him that if he was an honest man he would, without delay, conduct the cause to trial. He replied, with some anger, that the defendant was already in his debt, rnd that it would take a consi derable sum out of his pocket to carry the cause to trial. The defendant then said he would never pay him his demand, and would give him an ill name, or words to that effect. All the money he had had of the defendant was 151., which paid the costs of pro ceedings against Messrs. Masterman, and left about 51. in hand. The solicitor for the defendant said he could say nothing as to the produced document, but he was in structed by his client that the paper had not emanated from him, but from his brother. Mr. BROUGHTON said the evidence left no doubt on his mind that the defendant was the author, who had stuck up and published the libel, and that a breach of the peace was highly probable. The paper contained what was no doubt a most gross and wicked charge against the complainant, accusing him of defrauding defendant of 9,0001., and threatening to offer 1001. reward for his apprehension. He should therefore hold the defendant to bail to answer any indictment at the sessions. The bail required was two sureties in 1501. each, and the defendant's own recognisances for 2001. THAMES POLICE. SMUGGLING CIGARS.—SEIZURE OF A SKlP.—Wed nesday Emmelino de Arrandiago, master of the Spanish ship Joven Victoriana, and Antonio Martinez, a sea man, and one of the crew of the Spanish ship Pepita, both lying in the St. Katherine Docks, were brought before Mr. Broderip, charged with smuggling cigars, by which they had incurred penalties of 100/. each. Mr. Potbury, of the Customs Solicitors'-office, attended on the part of the Crown. The case against Martinez was first heard. He was charged with carrying 281bs. of foreign manu factured cigars, which had been unshipped before the Customs duties had been first paid. George Little, a revenue officer, stated that he was stationed on board the Joven Victoriana on Monday night, and hearing a noise on deck he left the cabin, and went up and saw the defendant on board his o•wn vessel, the Pepita alongside. He saw the seaman on board the Joven Victoriana, whose faces he could I lot distinguish, hand to the defendant several box es, which appeared to be cigar boxes. They were broug ht out of the forecastle of one vessel and received by t he defendant, who took them into the forecastle of his own. He was unable to obtain any assistance at th e time, but, on the following morning, he made a communication to his superior officer, who seized cigars. • ~ 1i0ni5mami0•0010...•••••01....." Robert Macdonald said he was also a Custoin 4ll .% o i ffcer, and in consequence of what h e heat' frieer. tee last witness, he rummaged the Pepita , a nd he lli f ' : t od n eath a quantity of canvass and sail cloth three boxes, containing cigars, and in a chest long'rg to the prisoner he found two more boxes of Cirri. and about two pounds of loose tobac co. The P d it sonar gave him the key of the box, and admitted it soner gave him the key of the box, an mediat to be his. On searching the fore peak, im media e s i rs below the forecastle, he discovered five hundred cifrii secreted among the coals, making in all 281bs. defendant admittted the whole of these to be h i° ,'„,i s in Thomas Cornell, appraiser of condemned K r ° ~, the port of London, said the cigars were real / 151 ; nabs, liable to a duty of 9s. sd. per pound. T he Id, of them was 2/. 17s. 6d., and the duty 13/. 185. makin evidence having been interpreted to t t h h e at d ot e r i fendant, he stated through the same m edium was innocent, and that, when the officer came cars board he acquainted him with the fact of where being concealed, and showed him every place they were foun. Mr. BRODERI d P said he had no alternative boll: sentence the prisoner to pay a fine of 100 1 . Queen, and to be imprisoned until it wasp i ct a s in The Spaniard, with a sorrowful air , said be fl w was his e captain's debt, and not worth a farthing. He t h n i committed to Clerkenwell prison. 0 to Catain Arrandiago was next called 11 1/ ° ~..in g with pot answer o an information, which charged him n board a certain vessel liable to forfeituretotliber driven into this port by stress of weather, ° r o r immediate causes, and having on boar d divers eebeing band g oods, viz., 141bs. 8 oz. of cigars, the sat° h. hnported in packages less than 3001bs. weigh t leo' Robert Macdonald stated that the Joven riana was alongside the Pepita, and that overhau_; o f the captain's state room he discovered seven bon,. Havannah cigars, secreted under a quantity ( u oa cuits in a locker. They weighed 14Ibs. he had asking the captain what quantity of cigar s f the reported, he said he had taken them all out o a be locker, and given a true account of all he suPP °3 b e a ses had on board. Witness pointed to the s even o f and the captain said they belonged to h ilri :Acl officer said the Joven Victoriana had been s eized the Crown, and was now under detention. •ho Mr. Phillips, a professional entlernan,;*- who tended with the brokers of the shipg and othere!tfon as ked if_ l A bet expressed great anxiety for the captain, usual to rummage a ship before she diSChar iri r o ge s c h a i r p g s o t ? h e The they a officer—Certainly rrive it is; I ' ll Mr. Potbury—Vessels are rummaged at Gr , a: 0 ; 1 coming up the River. The officer, in answer to other questions Pi o p ut Phillips, said the seven boxes of cigars bad, be f e bro o in the locker, and the 3001bs. of biscuits loosel to over them to conceal them. reply The defendant made a lon s tatement in r h - ,' the charge, the substance of l'hich was, that, en ded ode' the cigars on board at Havannah, and that Ile ifeot, to insert an account of them in the y ship's werell3 e°t, but owing to the neglect of his bo, dial eve sie' removed from the locker, where he 113c1 them pro terapore. "e Mr. Potbury said, the presumption wa s, ,,,d bee ti cigars, the subject of the last information, "'Poi* smuggled out of the Joven Victoriana into the ,i - ffer aot Mr. 11 —RODERIP said this information wa s di t. from the last, and the mere fact of the defendau• less on board a vessel in which tobacco in Pa. cial sl Wl ° than 3001bs. weight was found rendered bu n i " I g e by t the penalty. The proof of a guilty kn°w-edirecl t,A not at all necessary, nor was any proof recll'Otte' the tobacco belonged to the captain• lens,,e-een.„ the defendant to pay a fine of 100/. to the "i foe"' The captain was led away in eustodY ° so ds sl l° the gaoler, and in about two hours afte rg penalty was paid, and he was liberated. A Y ' ) MARKET NE WS.—.(YES --9 41 'l' HAT MARZETO• ,o i , SmiTIIFIELD.—Coarse Meadow Ha 31 t6) 51 ) ,, ° Useful ditto, 41 16s to 5/ 4s ; 5110 s; Clover Hay, 4/ lOs to 6 fi / n ; e IT O 11 14s ; Wheat Straw, 11 14s to 11 16s per I" - s ,; Hay and Straw sold slowly, at our quotations* 04110 CUMBERLAND.—Coarse Meadow Hays 3 , : L 6 , Useful ditto, 51 to 5/ 4s ; fine Upland og'for, 5/ 12s ; Clover Hay, 4/ lOs to 5/ 185; Oat ,T - ver to 11 14s ; Wheat Straw, 11 14s to 11 l° s A • , i sr: A fair average supply, and a sluggish dettloAun;to4,'" WHITECHAPEL.—Coarse Meadow Hay, 31 , 1 % 6 ` '5O 0 Useful ditto, 4/ 16s to 51 4s ; fine uniand opttli 053 i patrs:llsdtraisottit'l 51 lOs ; Clover Hay, 41 lOs to 6/ ; bat Strefila• 1114 s ; Wheat Straw, 1/14s to 11 15s per I° , fl ices. on the whole, dull, at but little variation in P'" f MEAT IVIASLICETS. SOUTHALL, JAN. 22.—The supply of e ach fe• to stack on sale to-day was tolerably estq s 7r e o ' o 3 : o demand was steady at full prices. 1 3 n et ' Q A to "olt i ' 4s 2d ; Mutton, 3s to 4s 4d ; Veal, 3s and Pork, 2s 10d to 38 8d per s 81b Supply 40; Sheep. 1,200 ; Calves, 49 ; Pigs,s3. drefe e' ROMFORD, JAN. 22.—Prime stock "c)f was g,, at full prices ; otherwise the trade rule d bee:''{; , ; from 2s 10d to 4s 2d ; Mutton, 3s to 4 A 5 Per "ifi ,l 3s 8d to 4s 2d ; and Pork. 3s to 45 , 2- Sior e ll r Suckling Calves, 18s to 30s; Quarter-old Cr 4 16s to 18s ; and Mulch Cows, with their W ill ne o to 191 each. HAILSHAM, JAN. 22.—We had, cornPnr-t„isrrice-,,,tt0• ing, a steady demand thi% morning, and , A r 1 0 ; w 0 freely supported. Beef, from 2s 10d to 45 r3"3 6 " 3s to 4s 4d ; Veal, 3s 8d to 4s 4d ; and 1 " 311 os °' : per Sibs. sheer t iotx ARUNDEL, JAN. 21.—Prime Beasts M id 0( 0 d i steadily ; other kinds of stock slowly, at ontocl 4s. Beef, from 2s 10d to 4s 4d ; Mutton, 35 f 8 119°. $ Veal, 3s 6d to 4s ; and Pork, 2s 10d to 40P:e'004en CIIICHEEMER, JAN. 22.—There was fatil!co. SY L from business doing here to-day, at full P i r l , 4 cl; 2s 10d to 4s 4d ; Mutton, 2s 10d t o . 74 c 3s 8d to 4s 2d ; and Pork, 2s 10d to t Suckling Calves, 18s to 28s; quarter-old SAtiscsl4 1 0 91 145 (1 ; 3. and Milch Cows, with their WY. CORN AVERAG-Li w - i C ti ooo, GENERAL AVERAGE PRICES OF Bill' t - h s e 4 For the Week ended Jan. 18, 1845, made up froll , ,:„ - ,Do t yo ld Inspectors in the different Cities and Towns in P" , r 3 51 per Imperial Quarter. eans Wheat ...... 45s 7d I Oats Barley ...• •• 34s 7d et ,_% Rye 3ls 4 d P ' 5• 1 ,,, A 0 AVERAGES OF THE LAST - / Oats. BY ( ' 1 6 , 36 l ily!' 32 2 35 I 0 32 3 6 3 16 31 9 36 s 33 • 8 35 1, 31 4 35 31 4 Weeks I Wheat. ' Barley. ending Dec. 11.... 45 1 134 5 45 3 34 2 45 6 34 3 45 8! 34 2 45 10 34 5 45 7• 34 7 21 11 21 10 28 10 20 10 21 7 21 8 1 j 0 ERAGES OF 21 7d re of 0 32 Od FOREIGN cottS. .. 65 Od 14:51 I . ... lo g 6d 0 .1 i; ELEVATED SEA BEACK Ni r •Al t , 9l ,lrOl i f il S O A' o' rations of opening the ground for the tor s i t o" e j has exposed an interesting section of z " eet 4.4 Wardie. After a surface of sandy loattl'of some peaty substances, from the cleeaY t wo l i f ict o .; remains, there is exposed, at the depth ca o f ' f owl!! feet, a bed of sea sand, on the surtliccoost pebbles and sea shells, indicating in the manner the remains of a sea be an are P''-v,ll are smooth and water-worn, and Il re „ r eaboo;e specimens of the univalves, which exist A t r o d Od ttO` tie o neighbouring shores. This deposit is ele v : eo i or twelve feet, as far as may beburriedlYiltelottloitir the level of high-water tides—no great g fet e considered geologically, but still not the l e ii s o ci , It is ascertainefl with some degree of ac is riii°`tift, land in the neighbourhood of the Baltic o igo OA" level of the west coast of South .A.tneriea 1 %0 v , to hve changed cnsiderably for from a the sea there o are foundr'terraeest c " t he 6t and other marine deposits. At Waroiet 'd sent has rather a tendency to encroach. a11,.,590,0 did so to a considerable extent before the P h i e o' l 4 "" r i' was erected. The low cliffs on which f acil e 0 , 1'9' are probably those against which the sc4 beef rs? when it laid down the now exposed beach' of c l t V sent elevation, or the subsequent depresld, ea is/ now, again, a new action has comMencio pe r° ,o.< eats away the coast so far as the bul'O r sf v f or CAO edonian Mercury. vv s., d THE ANCIENT CLOCK OF LOCIII-,truCte &ret, A one hand dlock, all curiously ec' e c ' n , Lo c o/ 1 ; which was brought some years ag? i r° O i t , ; supposed to ,have been the prince' offtWoo clock of the castle. It has muc h c od 40 0 rl, maker's name and the year 1566 is eng u r g - bt ll+ s /j ov e-fir' is enclosed in a very curiously-wr° It is at present in fine order, and Ve, s st ree",eit t ' session of William Wilson, 14, Sbutit'ea-oto The Meek is now 279 years old.Gias Jan. 4.. IMPERIAL AGGREGATE A' Wheat ••• • • • 45s 6(1 Oats • . Barley •• •• •• 34s 4d Rye •• DUTIES ON Wheat • . •. • . 204 Od I Oats Barley .• •• • • 4s Od Rye .. . , 0( 11° di 1$ ----_____ On the 17th inst., at tßheißlrrieLarraSge, L att°ll' , O ille O ilj i l ' l Rev. Hyde W. Beailoa, of a son. c lit.be —e' „,, , , On the 18th inst., at Downbeat, ne 3r i titer• Py - o fr the Rev. S. Houghton Sherard, of a deoke goo' ci! On the 20th inst., at Roehamptov, t' 0 0 e ~ ill ft Me o lv a il t l h e e , o 2 f l a st s i o n n s . tat the Grove, 13 15°IchelLtP' i jot °, Twining, jun , Esq., of a dau ,hter. h !of o o e, i On the 21st mg ,in Sussexisquare, t-6 ii twits J. J E . s o q T . ao , o rtrh f : a o2 s fl o aa n t . sio. On the 20th nlls.t." ,--' f f 0 t Il lisge ralic l 0 inst., Mrs. George F 1 1 1. 1 H daughtere. rt sl e t , liament- street, of a son. 0( 0° e ti it ° ' in Bernard-stree 9 .s voliore, HARK -1W p• foartiti.,l6 On the 21st inst., George Thetuas' rlerfil ufr pe ,0 , of Esq., Robert °i Stokes,College-street, E - sq. , c f the 1 1°°'.63113e P 0 l''' llir , i i. • Ofr Esq.,on lathteecla2ptthaiiiinostf.t,haetssren:tfo'rd.-I).utts' lifil , 1 1 :0 41 ‘i gilitialwirk iseo 6 1° On the 16th inst., at Bognor, Stiss e ' ,of It Jackson, C. 8., aged 73. TipP lll '' 'A place Brighton, B th ri e g l h B t t e h n, i a n g s e t. d , 61151. r. Willierrl so, r:_c_ pef i nitt ,-1 41 g;1 On the 20th inst., at Vauxhall-torl. n *f..; 0 4 11.0 0 V. 00 0 " London : Printed and Published 011 m e 00 No. 112, Strand, Printer, at P TY. v o 9 Strand, in the Precinc t of the 1' 0 1 iitiOi Middlesex, Friday, Jaauari -'