The Sun. — London, England, 1844-12-23 00:00:00

SPIRIT of the PUBLIC JOURNALS. FROM TTIE EVENING PAPERS OF SATURDAY. GLOBE.—It is curious to observe how much the most intelligent persons will believe, or affect to be lieve, when their credulity is urged by an appeal to their ease or their interest. The wealthier classes know how they deal with the poorer. They cannot entirely shut their eyes to a matter of daily, hourly axperience. Of late they have even written and talked a great deal about it. No one now in dulges in the notion of any innate difference be tween the classes distinguished in the artificial order of society. All are admitted to be equally endowed with a natural sense of justice—a capacity to appre ciate kindness, and a tendency to r :Bent injury. Yet wealth, holding the lion's share of political power, uses it mainly in a scrupulous care of itself—seldom thinks of poverty till its miseries show some upward tendency—and withal believes that nothing more is necessary to the permanence of such a system than the occasional passing of a f ew A c t s o f Parliament, recognising the existence of the labourer only in order to make sweeping regulations as to how brig he shall work, or how his wages shall be paid, or on what conditions he shall enter a workhouse. Rick burning and Chartism are dreadful things ; but we treat them too much as our ancestors did thunder and lightning :—we deeply deplore their effects, and do not deeply investigate their causes. We have already drawn attention to the spirit which seems to have animated the Legislature in the reforms of the last few years—to the remarkable facility with which right principles have been adopted and forced into practice in one direction, and the extreme difficulty ss hich has attended their introduction in another. But the doings of Parliament present to us the opinions and feelings prevalent upon this subject among the wealthier classes, upon so large a scale, and so modified, as to ex hibit but half their errors and inconsistencies. Let them he examined as developed in the local legislation of large towns, or in the local influence of wealthy in dividuals in rural districts, and their want of what has been well termed " Christian principle" becomes still more strikingly apparent. In all municipal arrange ments, the safety, the comfort, the health of the rich are first cared for, and the poor are left to take cart of themselves. Mansions replete with everyluxury and con venience that taste or ingenuity can suggest, are every where found the near neighbours of hovels less fitted for human habitation than the huts or wigwams of the least civilised savages on earth. No house pays so . good a profit to its owner as that tenanted by the poor man. None is constructed with so little regard to the health or comfort of its tenant. The " gentry " everywhere bend the municipal authority to the drain ing, ventilation, and cleansing of their own dwellings, and have those inhabited by " artisans and labourers" destitute of the benefit of these processes. Superior intelligence, the fruit of a better education, places the i - t-sour.'es of modern science within the reach of the fotinee. These are freely used—for themselves. They- are equally applicable to the condition of, and her more needed by, those beneath them ; but how seldom are they so applied ! These are no hasty or id-considered assertions. They are based upon a e ireful and painful review of evidence which is only too simule. STANDARD. The Bishop of Exeter has writ •,-.1 and published a letter to the churchwardens of Sr.feidwell's and St. James's parishes, in Exeter, in reply to an address from those parishes. Every one is prepared to expect eloquent and graceful writing from the Bishop of Exeter ; but the reply before us possesses merits beyond eloquence a:id grace. It is kindly, affectionate, and even pa thetic ; a picture of the struggle of an able, honest, and warm-hearted man, between the wish to con cdiete on one side, and a severe sense of duty on the othtr. The Right Rev. Lord considers himself as (if we may use the phrase) amagistrate in the Church, not required perhaps to be over vigilant in detecting evasions or transgressions of the Church's laws, but under a peremptory obligation to see those laws exe cuted to the best of his judgment, and in their exact spirit, without reference to the motives of those who put their power in motion ; further, as a magis trate, strictly bound to make all the legal provisions against any probable disturbance of the Church's peace, even though at the cost of offering violence to his own feelings, in seeming to take part against those on whose side substantial right and justice are manifestly arrayed ; lastly, as a magis trate who would betray his trust if he allowed his authority to be treated lightly. This is plainly the Bishop of Exeter's view of the nature and duties of the episcopal office ; and we can imagine no better conception of the nature and duties of the office, were a bishop merely " a civil magistrate -" but we have a higher esti• • mate of the office of a bishop—we regard it as not merely in name, but as, in fact, paternal, and we think that as a father has power to restrain or to relax the domestic rule, as his judgment shall direct, so has a bishop considerable power to modify even the Church's laws in the government of his diocese, not indeed by a direct action, but by the exercise of a mild influence. These remarks will, we trust, acquit us of any want] of respect either for the Right Rev. Lord personally or for his office, and we will now proceed to state strictly but fairly what appears to us to be the case made in the Bishop's reply. Chaoges have, within the last few years, been made in the forms of Divine worship. These changes have been universally introduced by perverse men, either frivolous coxcomb; or treacherous emissaries of Romanism, and consequently they have given great offence, and excited no small jealousy, in the people. There is a passage in the reply to which we refer with high gratification, because it proves that in the course which he has thought himself bound to adopt, the Right Rev. writer is not a volunteer— peovel, that before he sought to provide for the peace o' tli. Church by commanding a general uniformity • with the change proposed, he tried to secure that peace by dissuading all from any change, but that he dissuaded many in vain : " It I should order ray clery, as your letter seems to lu 4 gest, to continue the services of the Church as they T 1 ,1 1 ,7 are, without any change, any one of them might .ty to me—' We cannot, conscientiously, do what you !taus illegally order ; we are bound, by our ordination vow, to minister the doctrine and sacraments, and the discipline of Christ, as the Lord bath com manded. and as this Church and realm bath re ceived the same ;" we have, moreover, solemnly de hat " we will use the form in the Book of Cora l...on , yer prescribed in public pra; er and administra tive of the sacraments, and no other ;" and the statute which re quires this declaration from us, requires also that. we "conform, in all points, to the things appointed and prescribed in that book." We will be faithful to these engagements, and will not serve as ministers in this Church if this our faithfulness is not permitted.— How could I answer this ? " You may imagine that I am here proposing an ex treme case, which is utterly unlikely ever to present itself in real practice. But your imagination would be unfounded. Several such cases have actually occurred, and similar ones are likely to occur every month. Al ready they have caused to me much perplexity, and have produced practical effects seriously injurious to that great object which you value, and which it is among my first duties to seek to place on the firmest footing—peace in the Church, which cannot be secured without uniformity in the worship of Almighty God." This, we confess, opens to us a wholly new view of the question—a view of which the whole episcopal bench ought to have the benefit, in company with the Bishop of Exeter. NAVAL INTELLIGENCE. Porrsmouni, DEC. 19.—The commissioning of eleven men-of-war—Superb, 80 ; Actmon, 26 ; Racehorse, 18 ; Persian, 16; Acorn, 16; and Ranger, 6, at Devonport ; the Eagle, 50; Comus, 18; and Fantome, 16, at Chatham; the Amazon, 26, at Sheerness; and the Lily, 16, at Port-mouth—is evidence that the Admiralty do not in tend to allow the force of the navy to be crippled in future so dangerously as it has been hitherto ; and, whilst we give them every credit for thus endeavouring to sustain a sound feature in the well-being of this country, we cannot help pointing out acts of the grossest injustice on the one band, and the most evident par tiality on the other, towards individual ports. It is tolerably well known that Admiral Sir George Cockburn, first acting Lord of the Admirality, and Admiral Sir Charles Rowley, Commander-in-Chief at Portsmouth, are both rejected candidates for the representation of Portsmouth in Parliament ; hence, it is said, the bitter animosity which has ever been manifested towards this unfortunate borough sioce the accession to office of the two Admirals above-named ; one is merely the double of the other, so that between the two, Ports mouth shares but little in the distribution of prix-s from the Admirality. A more striking illustration of the feeling which is believed to pre vail, could not be well imagined than the eircum• stance of commissioning a squadron of ships at one port, and only one small brig of 16 guns at another, the chief naval depot in the world, at a time too when there are plenty of seamen knocking about the Ilace, and plinty of ships of almost every class in the harbour ready for the pendant. Ever since Sir Charles Rowley's Dr ointment to the chief command of this port have the inhe+Atants suffered most bitterly for their faith in and the performance of their promises towards that officer. lie will not buy an article for the personal consumption of himself and household in or near the spot where floats his flag; but sends his tender to Jersey, Guernsey, and the London markets for provisions for his table and esta blishment. This is a fact so glaring as scarcely to insure belief, but it nevertheless is a public fact, and one she truth of which every week, nay, almost every day, furnishes fresh illustrations of. It is said that Sir George declared that the people of Portsmouth would rue the day they returned him to his own seat instead of a seat in the House of Commons, and dearly has his anticipati on b een performed. The commission of the Lily brig seems conferred as a sop in the pan to the hungry people of P ortsmouth, and as if in very shame for the degradations heaped upon them. The insult ap pears more remarkable w h en we consider that at the te.esent moment there is not a craft at SP itheadnr ,one so the harbour with guns on bo ar d, except the 'o Vic tory with her saluting complement, and the Syren, la (dismantling prior to paying off), and not a war -steamer in the port ! Such is the manner in which Portsmouth is treated by the Admiralty The Dwarf; steam tender to the Royal yacht, Com mender Chamberlain, left the harbour yesterday, and I steamed out to Southsea Castle :and back several times, Ito try her rate of speed. She went withotr, her figure head. The Lily, 16, was brought down from her moorings among the ordinary, on Tuesday, alongside the dock yard, for commission, by Commander C. J. F. Newton (1838). The Emerald, tender, returned to-day from the relief of the wind-bound merchantmen in the chops of the Channel. DEVONPORT, DEC. 19.—The Actteon, 26, Racehorse, 18, Acorn, 16, Persian, 16, and Ranger, 6, have been brought alongside the jetty for docking, prior to com mission by the following officers:—Capt. George Mansel (1840), to the Actaeon ; Commander G. I. Hay (1828), to the Racehorse ; Commander H. Coryton (1841), to the Persian ; Commander J. E. Bingham (1841), to the Acorn ; Commander J. Anderson (1841), to the Ranger. These vessels, together with the Superb, 80, require 1,400 men to man them. The Wellesley, 72, is ordered to be brought forward as an advance-ship. The Savage, 10, Commander Bowker, recently arrived from Gibraltar, is in Hamoaze dismantling, preparatory to being paid off. The Dwdalus, 20, Captain M'Quhae, sailed on Sunday for New Zealand. The Tartarus steam-vessel, Captain Wolfe, was paid advance yesterday, and sailed for Cork, to resume her surveying operations. The Cruiser, 16, Commander Fanshawe; Osprey, 12, Commander Patten ; and Espiegle, 12, Commander Thompson, are fitting for service on the China station. The Firebrand steam-frigate, Captain Hope, and the Waterwitch, 8, Commander Birch, were docked on Wed nesday to refit. The Albion, 90, Captain Lockyer, arrived from the Tagus on Monday. She is ordered into harbour to refit. It is expected she will be put out of commission, and her crew transferred to another line-of : battle ship ; the late trial sailing with the St. Vincent, Caledonia, and Queen, having proved her to be almost useless in a heavy sea, her rolling propensities preventing her lower deck guns being of any service. The Daring, 12, Commander Matson, was docked on Friday, when the cause of her leaking was discovered to arise from a plank on the starooard side, near the keel forward, having split. Woonwlcnt, Jac. 20.—The Rattler steam-vessel was commissioned last week by Commander Henry Smith (b), and the following appointments have been since made for service in that vessel :—Lieutenant E. B. Rice (1844), Lieutenant William Robertson (1840), and sub sequently Lieutenant H. D. Blanckley (1844), rice Rice, whose appointment has been cancelled; W. H. T. Green (1844), to be master ; R. J. B. Chambers (1844), to be surgeon ; and J. D. Cronin, to be acting assistant-sur geon ; J. R. Tate, to be purser and paymaster ; and, subsequently, Frederick Mundy, to be purser and pay master, vice Tate, whose appointment has been can• celled ; Richard Brown, boatswain ; Robert Hall, car penter ; Thomas Johnson, gunner (acting); and F. W. Raey, master's assistant. The Scourge, first-class steam-sloop, of 1,124 tons, built at Portsmouth, was brought round to Woolwich on Saturday last, and taken into the basin ou Wednes day, to be fitted with engines of 420-horse power by Messrs. Maudslay and Field. The Comet steam-vessel, Lieutenant-Commander Prettyman, left Woolwich yesterday, having come round with the Scourge, and towed a tank-vessel to Chatham Dockyard, and at the same time conveyed a party of boiler-makers to rivet the wheels of the Janus steam. vessel. LAW INTELLIGENCE. COURT OF CHANCERY, Dec. 21. THE CORPORATION OF GLOUCESTER V. WOOD AND OTHERS. - JUDGMENT.-THE LATE lIIL JAMES WOOD'S WILL. When this case was called on, the LORD CHANCELLOR inquired of Mr. Su anstone, counsel for the Corporation of Gloucester, whether his clients acceded to the terms of the order of Vice-Chancellor Wigram? Mr. SWANSTONZ said they did. Mr. WALKER—It was not an order of his Honour, but a proposition suggested by the Court. Mr. SWANSTONE —The Corporation of Gloucester are ready to *secede to the proposals that have been made, and they will submit to any order the Court may here after think proper to make. The LORD CHANCELLOR then said he had considered this case with great care and attention, and the con clusion he had come to was, that the money in litiga tion ought not to be paid to the executors pending the appeal to the House of Lords against Vice- Chancellor Wigram's decision. On looking at the judgment of the Court below he observed that his Honour at the time stated, that in a question of such importance, where property of upwards of 200,0001. was in litigation, it was not likely that either party would be satisfied with the decision of a puisne judge of the Court, and therefore he (the Lord Chancellor) considered it a proper case for an appeal, and that the proceedings were not frivolous. After some further remarks, his Lordship said, suppose he was to order the money in dispute to be paid over to the executors, they would not feel themselves justified in distributing it. Under the present circumstances, therefore, he thought it had bet'er remain invested in the Funds, under the con trol of the Court, until the appeal to the House of Lords was decided. At the same time he was of opinion that the executors were at full liberty to apply to have any portion of the fund paid over to them on their giving sa tisfactory security. It was asked by counsel for the execu tors that, in the event of loss by a decline in the funds, the Corporation should make it good. Now he could not make any order on that point, as the Courts had always considered Consols in the light of money : if the price fell, the executors would lose (in case the appeal should be in their favour) ; but if it was higher, they would have the advantage. In conclusion, his Lordship ordered the money claimed by the Corporation, under a codicil in the will of the testator, to remain invested in the Funds pending the appeal, with liberty to the de fendants (executors to the will) to apply to take any portion of it out, on giving sufficient security. A long discussion ensued respecting costs. His LORDSHIP directed the costs of the present mo tion to be paid by the Corporation. VI CS-CHANCELLOR' S COURT, Dec. 21. (Before Sir J. WIGRAIII.) VIVIAN V. COCHRANE. In this case a question has arisen between the plain tiff, the Rev. J. W. Vivian, Rector of the parish of St. Peter-le-Poor, in the City of London, and the proprietors of the National Bank of Ireland, Broad street, as to the principle upon which tithe was to be taken on the house and premises used for the business of the bank, whether it should be levied on the amount of the reserved rent, or on the value of the house in its improved state. The question is an important one to the owners of property in the city, and at a former stage of the proceedings his Honour had stated that his decision was not likely to be final on the matter. It had been postponed on one or two occasions, but was given this day. His HONOUR, after remarking on the novelty and importance of the case, said the plaintiff was the rector of a parish in London, and the defendant re presented the National Bank of Ireland, who are lessees for years and occupiers of a house, the tithes of which are claimed by the plaintiff. The lease under which the bank occupancy was made in consideration of a reserved rent, and of a covenant by the lessees to expend 2,0001. in building, &c.; that sum had been duly expended according to the covenant. The right of the clergyman to tithes of 2s. 9d. in the pound on the reserved rent was not disputed, but the plaintiff claimed to be paid 2s. 9d. in the pound on the im proved value of the property arising from the expen diture of the sum above stated. The question at issue was, then, on which of the two valuations the tithes were to be paid, and this depended on the statute of 37th Henry VIII., c. 12, which is an Act regu lating the payment of tithes in London. His Honour read the decree in that Act, and after going minutely into the details of the case, said it was one presenting great difficulties, but he thought his decision must be in favour of the plaintiff and his claim to the tithe ; he therefore directed an account of the said tithes to be taken on the value of the premises, but without costs. The Black Eagle steam-vessel, Master-Commander S. B. Cook, returned to Woolwich yesterday from Ostend, having landed safely their Royal Highnesses the Duke and Duchess of Saxe-Coburg and Gotha, and the mem bers of their suite. Lieutenants Davis and Sprott, 1 sergeant, 2 corporals, 1 drummer, and 50 privates of the Woolwich division of the Royal Marines, proceed to Chatham to-morrow, to join the detachment from that division selected for ser vice in the Superb, 80-gun ship, commissioned at Ply mouth by Captain Corry, C.B. One corporal and 18 privates of the Woolwich division are to embark at Woolwich Dockyard to-morrow, for service in the Rattler steam-vessel. One sergeant, 1 corporal, and 10 privates, haring a knowledge of mechanical trades, are to embark in a transport-vessel at Deptford to-morrow, for Ascension, where they are to be stationed. CHATHAM, DEC. 20.—The Fantome, 16 guns, has had her masts put in place, and was commissioned on Wed nesday, the 18th instant, by Commander Sir F. W. E. Nicholson. The Comus, 20 guns, was commissioned on Wednes day, the 18th instant, by Commander T. S. Thompson. The Comus and Fantome will be taken into dock, to be cleansed from the 'vegetable matter adhering to their bottoms owing to their lying so long in the river. The Eagle, 50 guns, Captain G. B. Martin, is fitting for sea; she is expected to be put out of dock next week. The Queen, 110 guns, at Sheerness, after being paid off, is to be taken into dock, to undergo some alterations. The Janus steam-vessel is in dock ; the engineers are on board, engaged fitting her engines. Lieutenant Henry Eden, whose commission bears date the 15th of February, 1827, is appointed to the Eagle ; and Lieutenant T. E. L. Moore, whose commission bears date the 4th of October, 1843, is appointed to the Comus. Mr. W. Baker, who was for many years clerk in the Master-Attendant's office, in Chatham Dockyard, died yesterday, at the advanced age of seventy-eight. COURT OF EXCHEQUER, Dec. 21. ;Sittings at Nisi Prins, at Guildhall, before the LORD CHIEF BARON and Special Juries.) CRIM CON.-MULLETT V. LLYOD. Mr. Sergeant Talfourd and Mr. Hoggins conducted the case for the plaintiff, and Mr. Cockburn and Mr. Walesby appeared for the defendant. This was an action to recover compensation in da mages for the domestic loss sustained by the plaintiff, by means of criminal conversation had by the defend ant with his wife. The damages were laid at 2,0001. Mr. Sergeant TALFOURD proceeded to state the case. The plaintiff was a young gentleman of about 30 years of age, and was a paper manufacturer, and a wholesale stationer, in an extensive way of business in the city of London. The defendant was some years his senior, and was one of those persons who had taken upon themselves, or had assumed to them selves, the position of public instructors—he was the proprietor of several newspapers. One was published under the title of Lloyd's Weekly Newspaper, a three penny affair, he believed, Lloyd's Penny Sunday Times, and Lloyd's Penny Miscellany. He now resided at a villa on Forest-hill. The plaintiff was married on the 9th of September, 1836. He was then a young man of twenty-two years of age, whilst the un happy lady was some three of four years younger. The marriage had been one of sincere affection and strong attachment. At the period of his union the plaintiff was in a salaried employment, but shortly afterwards he had commenced business on his own account, and being successful, he had looked forward to that full enjoyment of his domestic comforts, to wards which all men with a family were accustomed naturally to yearn. Up to the time, within a very brief period, when this lamentable event came to pass, there had never been a breath even that could inter fere with that happiness—a happiness which had been increased and added to by the fact of his wife having borne him four children. The defendant also, he re gretted to say, was a married man with three children. The, connection between the plaintiff and the de fendant had not simply been of the most intimate cha racter, hut it had amounted to brotherly friendship. The defendant had dealt with the plaintiff for paper to the extent of 12,0001. per annum, and at the moment when this affair took place was then a debtor to him to the extent of upwards of 4,000/. That sum, it was, however, but fair that he should state, had been regu larly paid as the bills had severally arrived at maturity. He had merely mentioned the fact in order to show the extent of the transactions which had been carried on between the parties. The plaintiff, too, had been one of the securities for the defendant at , METROPOLITAN BUILDING ACT RUINOUS BUILDINGS. In the new Metropolitan Buildings' Act, which takes effect from the Ist proximo, there are se veral provisions framed to prevent a recurrence of accidents arising from dangerous buildings being per mitted to remain until they have fallen down. The object of the 40th and three following sections is to compel the owners of dangerous buildings to repair or to pull them down, and in case of default the City of London (if the property be in the City) or the parish to put up a hoard for the protection of the public, and to repair or pull down the ruinous houses. The mode of proceeding is a simple one. A surveyor under this Act, and the overseers of the parish, on receiving no tice of any building being in a " ruinous and dan gerous condition," they are forthwith to apply to the official referee, to direct the surveyor to make survey, and upon the receipt of the survey a copy is to be transmitted to the City of London or parish. Notice is to be given to the owners, and if the repairs or de molition are not began in fourteen days, then the authorities menti one d are t o re p a i r or p u ll down the buildings. The materials are to be sold, and in case of deficiency, a claim is to be made on the owner, and if he refuses a distress warrant is to be issued. It is fur ther provided, that in case the owner refuses to pay or has no goods for distraint, " then it shall be lawful fur the person who shall at any time thereafter occupy any such building or the ground where the same stood, and he is hereby authorised and required to pay and deduct the same out of the rent thereof, and that if he neglect or refuse to pay such deficiency then it shall be lawful for the said Lord Mayor, or two or more such justices of the peace, and they are hereby authorised and required to cause the same to be levied by distress, and sale of the goods and chattels of any occupier of the premises, together with the costs of every such di s t res s an d sale." By the 44th section, any damage to adjoining buildings or to furniture, &c., from ruinous buildings, is to be made good, and can be enforced under the Act. Lord Wharncliffe, Lord President of the Council, returned to town on Saturday, from a visit to Lord Francis Egerton at Ratchford. MARRIED.—On Saturday, at St. John's Church, Richmoad, by the Rev. Charles Proby, Canon of Windsor John Berney Petre, Esq., only son of Colonel and the Hon. Mrs. Petro, of Westwick Hall, in the county of Norfolk, to Caroline Susan, second daughter of the late Right Hon. James Alexander Stewart Mackenzie. Immediately after the ceremony, a large party of nobi lity and gentry, relations and friends of both parties, assembled at the house of the bride's mother, the Hon. Mrs. Stewart Mackenzie, and partook of an elegant breakfast ; after which the happy pair set out for Stody Lodge, the seat of Caroline Dowager Lady Suffield. BRISTOL SUGAR MARKET, DEC. 20.—Our raw sugar market must still be considered very dull, for al though the refiners have taken about 400 hhds. of West India, since our last, to carry them over the Christmas recess, yet the grocers are doing nothing whatever, and appear to hold fair s t oc k s , w hi c h t h ey fi n d a diffi culty in selling, and consequently are not disposed to increase. In Mauritius and Bengali no transactions are reported, and the demand for rum continued very dull.—Bristol Mercury. RESIGNATION OF TUB VICAR OP BRADFORD. -- The Rev. Dr. Scoresby, much to the astonishment of the public, has resigned the vicarage of Bradford. Dr. Scoresby is a High Church Evangelical. He has for years been on uncomfortable terms with several of his leading parishioners, i❑ consequence of which one or two new churches, built by individuals, have never been opened. As a man of science, Dr. Scoresby occupies a very respectable rank. He had formed a scheme for the division of the extensive parish of Bradford, and notice had been given of an application to Parliament next session for a Bill to authorise it. The Ecclesiastical Commissioners are said not to approve of Dr. Scoresby's scheme, and hence it is supposed he has resigned the living.—Leeds Mercury. ETON COLLEGE, DSC. 20.—1 n consequence of the marriages, during this week, of the Rev. Francis Ed ward liurnford and of the Rev. John Eyre Yonge, both assistant masters at Eton College, two fellowships have become vacant at King's College, Cambridge. These vacancies will be filled up by the fellowships being given to the Captain of the Eton School, Wright, and to Wool ley, the next senior scholar at Eton. OXFORD.—It is currently reported, and generally be;ieved, that the Rector of Exeter, who is one of the chaplains to Prince Albert, will vote in Convocation for Mr. Ward, and consequently against the charges brought against that gentleman for the attacks on Protestantism contained in his Ideal Church. The Rector of Exeter against Dr. Ham den. INCENDIARY FIRE REWARDS.—On Friday a pro clamation was issued by her Majesty's Government, offering 100 Z reward, in addition to a like sum of 100/. from Mr. Richard Eldridge, a timber-merchant, of Canal-walk, Southampton, for the apprehension and con viction of the parties who set fire to some timber-sheds bylunging to Mr. Eldridge, on Wednesday night l as t. Astrung suspicion is entertained, but unfortunately not sufficient to justify apprehending the suspected person. he Stamp-office. Such, then, it would be seen, were the relations in which these per sons stood the one towards the other. They were those of the closest friendship. They were on the most intimate, and friendly, and cordial footing. Some time after the plaintiff had been married he be came the proprietor of two mills, the one at Bristol, and the other at Tonbridge, and until that period he had never slept away from home. Then, however, such a course was absolutely necessary, for be could not carry on his business without; but upon no occa sion had he left his wife without a female companion. Subsequently the defendant, it was remarked, had become a frequent visitor at the house when the plaintiff was from home, and that the lady took rides with him alone. In the month of April, however, the matter was seen by the servants ; for Mrs. Mul• lett was observed to go out in the absence of her hus band, and to remain away for some time, but to con trive in most instances to reach home before her hus band's return. On the 27th of April, at length, she went out, and never returned, leaving all her trin kets, and even her watch behind her. The plaintiff was left to seek where he best could consolation for the de privation of the partner in his best hopes, in his best wishes, in his best expectations, and above all the mother of his children, whilst the defendant, deserting his own wife, had taken to his arms a paramour in the person of the wife of his most intimate friend. With that paramour was he now living at Forest-hill, where she was known as Mrs. Lloyd. The house, it ap peared, stood back from the road, and was approached through a gateway leading into the front garden. That gate since the plaintiff's wife had flown there had been kept locked, so that, contrary to all former custom, even the tradespeople were not permitted to come up to the house. But this difficulty it would be proved had been overcome by the plaintiff, and the identity of the female now living and passing as Mrs. Lloyd, being in reality Mrs. Mullett, the plaintiff's wife, would be most clearly established by evidence which could not be impeached, for that lady had her self come down without her bonnet, and spoken to a gentleman who was well acquainted with her. There could not, therefore, be any dispute as to the fact of the supposed Mrs. Lloyd being the real Mrs. Mullett. George Cox, jun., produced an accredited copy of the marriage register between the plaintiff and his wife. The marriage took place the 10th of Septem ber, 1836. George Luck—l am uncle to the plaintiff's wife. I have known the plaintiff and his wife during the whole of their lives. I was in the habit of visiting them after their marriage, in the Deptford-road. He is now living at his mill, I imagine, in the country. They had lived most happily together until just be fore this event. They have four children. Isaac Henry Sercombe—l attend from Somerset House, and produce the bond entered into by the defendant to the Stamp-office, and the plaintiff is one of the securities to that bond. In August last that bond was withdrawn, and another substituted. The defendant there is not a surety. The bond is for the payment of the _duties on Lloyd's Weekly London j Newspaper. THE HUN, LONDON, MONDAY EVENING, DECEMBER 28, 1344. Mary Walsh—l was servant to the plaintiff. On the 27th of April Mrs. Mullett left. My mistress said she should go away en the 26th of April, and 1 ion the next day she did so. Prior to her doing so, however, she gave all her trinkets and her watch into my care. The plaintiff was aware that she was going away, baeause she told him she would on the pre ceding evening. Upon that occasion she had come home late, when he asked her where she had been. She would not tell him ; whereupon the plaintiff said he would make her. She again refused, but he said she should tell him, or he would make her. Upon this, she said she should go away from him altoge ther. The plaintiff, in a tone of astonishment, ex claimed, " That surely she would not think of doing so; did she remember her four children ? Could she abandon them ?" My mistress cried very much, but persisted in her determination to leave. The plaintiff then said, if she had resolved upon adopting such a step he would place her in proper care, and make her an allowance ; he would place her with her father. She said she would not go there, for her father was nothing to her. Cross-examined--I have lived three and a half years with the plaintiff and his wife. They lived in the most comfortable and affectionate manner, and with kindness and attachment; to their children. I never heard any angry words pass between them until the last three months. I have never seen her cry during the whole of that period. I have known the plaintiff to come home late at night ; one o'clock was the latest. I have heard Mrs. Mullett complain of his being late. But they did not have words about it, for he has explained where he has been. I never saw him strike or throw anything at her. Mrs. Dibble—l am sister to the defendant's wife. They were living in Salisbury-square in April last. The defendant did not sleep at home at that time, because they had had words, and a difference in con sequence. I was there a few days after the plaintiff's wife had gone off from her husband, when the latter called there. It was about seven o'clock in the even ing. He saw my sister. He was not very much excited when he was speaking to her. The defendant came home while the plaintiff was there. I heard the plaintiff ask the defendant fur his wife. Mrs. Lloyd was crying very much in consequence of what the plaintiff had communicated to her. I heard him after wards say, " You are a black-hearted villain." The plaintiff said, "You have got my wife ;" and the de fendant said, " That is to be proved." Afterwards the defendant said, "You may take my old wife, and I'll have your young one." The defendant ordered the plaintiff to leave the house, which he was about to do when blows ensued. Mrs. Lloyd left the house to protect her life, and afterwards she left her husband altogether, in consequence of his connection and be haviour. Mrs. Lloyd left her home on the 29th of May. The defendant lives now at Forest- hill. They have two children living. Mrs. Lloyd is my sister. Mr. COCKBURN rose, and said he would save at once his Learned Friend the trouble of offering any further proof of the criminal act. That fact he now was not there to deny. He was prepared to admit the fact, and that the parties were residing together at Forest-hill. MIDLAND CIRCUIT.—Lincoln, Dcc. 20. (Before Mr. Justice PATTESOK) The principal part of the day was consumed in trying cases for the concealment of birth and assaults upon females. Of the former .lane Covey, aged twenty-four, Fanny Thorpe, E.;•ect twenty-seven, and Rebecca Coxsingtoo, wr•re convicted of the offence of concealing The births of their bastard children. We do not publixh the details, but the Learned Judge, after pointedly alluding to the serious offence the prisoners had committed, sentenced lianny Thorpe to two years' imprisonment and hard labour, and the two other females each to twelve months' im prisonment and hard labour. - Joseph Sharpe, aged twenty-three, was charged with having, on the 3d of September, at Barrowity, com mitted a capital assault on a married woman named Mary Leeson. The facts were few. It appeared that, on the day in question, the husband of the prosecutrix being absent from his home longer than was expected, his wife be came apprehensive, and went in search of him. The prisoner accompanied her, and when only two hundred yards from the cottage in which the Leesons lived, threw her down, and, according to the evidence of Mrs. Lee son, completed his purpose. The jury found him guilty of the common assault only, and the judge sentenced him to twelve months' imprisonment and hard labour. The calendar, which contains but two or three cases of any interest, is likely to begot through with on Saturday. NORFOLK CIRCUIT.---Norwich, Dec. 21. The County Court was opened at an early hour to day, to enable his Lordship to pass sentence upon the several prisoners convicted, either by verdict or confes sion, of arson. Accordingly Rutland, Dye, Medlar, Rump, Parker, the two Quantrells, Baker, the two boys, Harvey and Lessams, who as well as Parker pleaded guilty, and Jane Watts, having been placed at the bar, Mr. Justice WILLIAMS, with great earnestness of voice and solemnity of manner, proceeded to discharge that which he could not but feel to be a most unwel come duty. The exhibition now before him was most painful to his mind, corning as it did so close upon a recent penal example, in which he had borne a part, in the adjoining county of Suffolk. It had been hoped that the example and exhibition then made would have tended to diminish and check the commission of a crime which, in his (Mr. Justice Williams's) opinion, ranked next in atrocity to that of murder, being one which resulted from a settled determination to do wrong, and was attended, moreover, by no benefit to any single human creature, while it in flicted incalculable injury on those whose property was destroyed, and, indeed, on all the labouring class too. In one of the cases now before him, a witness had well said that a fire would be a bad job for we labourers," and if persons of that rank in society would but think seriously on the subject, he was sure they would all come to the same conclusion. His Lordship having then briefly adverted to the distinguishing features of the charges against the several prisoners, proceeded to sen tence all the men, and Parker (who had pleaded guilty to two indictments), to transportation for 15 years, but adjudged to the boys, Harvey and Lessams, in conside ration of their extreme youth, imprisonment for one and two months respectively ; and to Jane Watts, whose case was of so singular a character as to induce the jury to believe that she must have been mad, the like punishment for 12 months. His Lordship then adjourned to the Guildhall, where three prisoners awaited him. Of these cases the follow ing alone was worty of nutice : Lucy Thorpe, aged thirty, was indicted for the wilful murder of her illegitimate child. Mr. Palmer appeared for the prosecution, and the pri soner was defended by Mr. W. Cooper. From the evidence of Mrs. Roll, whose husband keeps the Dove Inn, in this city, and her daughter, if appeared that the prisoner came in August last and demanded lodgings for herself and a child aged two years. Her size even then attracted the notice of Mrs Roll, but on her asserting that she was not enceinte she obtained her object. Towards the end of a month her landlady's sus picions were again roused by her increased bulk, but she positively denied the charge, with more solemnity than truth, for in a few days she gave birth to the being whose fate was the object of this inquiry. It appeared that on the night of the 10th of September, the prisoner had for her bed-fellows her little boy and a daughter of her land lady, awed fifteen. Accordi ng t o th e test i mony o f t hi s girl, they passed the night as usual till six o'clock with out any disturbance; but at that hour she was awoke by the noise of a baby crying. On getting up, she she saw the prisoner dressed and walking about the room. She then went out to get some water, and on her return was seen to wipe up some blood which was on the floor. Immediately after the noise was heard by the witness, when the prisoner knelt down by the bed-side, and pulled the curtains close down. Her son, who was also awake, then asked his mother, " what that noise was?" to which she replied, " that it must be some bird," and then got into bed again. The witness then got up, and, having acquainted her mother with the transactions of the night, an inquiry was made, which resulted in the discovery of the dead body of a fine male child under the bed, and covered up with towels. A surgeon having been called in, certain marks were discovered on the neck of the poor thing which led to this charge ; but, it being impossible for the medical witnesses to-day to de cide whether they were to be attributed to accident during delivery, or to design, The jury were directed to Acquit the prisoner, without any defence being gone into. With this case the first Norfolk Winter Assize may be said to have terminated ; for, soon after its close, ail parties concerned therein, from high to low, having packed up their bags, briefs, and bodies, went their way across the market-place, rejoicing, no doubt, that the festivities appropriate to the ensuing week were not to be broken in upon and marred by any unwelcome and close contamination with vice and poverty—those fruit ful sources of that wretched thing, a heavy calendar. 1 John Mullett—l am in the employ of my brother, the plaintiff. The defendant dealt with my brother for paper, and during the last six months it averaged at the rate of 12,0001. a year. In April last he owed us 4,3001. He had about 1,3001. worth a month. The 4,300/. have been paid in due course. Cross-examined by Mr. Walesby—The defendant dealt with us for three or four years. The Parliamentary return of newspaper stamps was here produced to prove the sale of the publica tions of which the defendant is the proprietor. This closed the case for the plaintiff. Mr. COCKBURN then addressed the jury on behalf of the defendant, and said he was not instructed to deny the offence of which proof had now been laid before them. The LORD CHIEF BARON summed up ; and the jury, after a few minutes' consultation, returned a verdict for the plaintiff.—Damages, 7501. ASSIZE INTELLIGENCE. WESTERN CIRCUIT.—Exeter, Dec. 20. (Before Mr. Baron ALDERSON.) Henry George Carpenter, the druggist who was con victed yesterday of an assault upon Elizabeth Hibbert, was this morning sentenced to one year's ,imprisonment, bat without hard labour. The early part of this day was occupied in trying cases of a description not proper to be reported. All the other cases were finished before the Court rose, to do which, however, his Lordship was obli g ed to sit to a late h ou r. William Smith w a s indi c t e d for assaulting and robbing Mary Ayre on the highway. Mr. Bird conducted the prosecution. The prisoner was defended by Mr. Rowe. The prosecutrix, an old woman between 70 and 80 years of age, bent double with the weight of time, and wearing upon her face the many furrows it had made, in a feeble vo;ce, that could be heard only a few feet from the spot where she stood, gave evidence to the following effect :—On the 6th of November last she was making her way as well as she could from North to South Mutton. She had proceeded nearly two miles of her way (which mast have been a great task for the old lady), when she was passed by two men, who asked her for some nuts, an article which she usually sold. They passed on and she followed. She had not got very far, when a man with a handkerchief tied over his head suddenly jumped from the hedge, and, ap proaching her, knocked her down, andforthwith proceeded to take from her pocket, in which was contained a box holding 375., and some other trifling articles ; and, har ing done this and threatened her, the robber made off, Whilst standing over her, the wind blew back the flaps of the handkerchief which was bound round his head, and then she immediately recognised the prisoner at the bar, whom she had known for years. The jury immediately found him Guilty. He was sentenced to be transported for ten years. Richard Back was indicted for the manslaughter of John Perriam. Mr. Stone prosecuted ; the prisoner was defended by Mr. Rowe. It appeared that the prisoner had occupied a house situated in Elford-lane, Woodbury, as a tenant of a Mrs. Elizabeth Back, who was his mother. About a year since she made over the property to a Mr. Wrench, who, unable to obtain payment of his rent, put a distress war rant in the hands of the deceased, and his son, Henry Perriam, with directions that they should distrain fur the rent due. In obedience to those instructions, they went to the prisoner's house, whom they found from home. Having ascertained where he was gone they sent for him, and after a time he made his appearance. Henry Perriam, the son, stated that on reaching the house the prisoner immediately went to one corner of the room, where a poker and a pair of tongs were standing. Ho seized them in his hands, and then, flinging the tongs away, grasped the poker in his right hand. The de ceased, on his entry, was sitting near the table, and commenced reading the warrant. Nothing else was said to him; not a word besides was spoken. The prisoner said nothing; but, grasping the poker as described, he made a furious assault, on witness, struck him a violent blow on his right arm, which completely disabled it, and the arm hung powerless by his side. Ile then aimed and inflicted a similar blow on his left arm, attended with like results, and added a third, which struck him on the head. The deceased, seeing this, discontinued the perusal of the warrant, and came to his son's assistance. The prisoner swore if they did not leave his house he would knock their brains Out, and the deceased, there fore, quitted the room, calling to his son nut to strike the prisoner, but to come with him, which he did. As he (the witness) reached the door prisoner struck him an other blow, and be tumbled in the yard. He recollected then seeing his father standing by the door, and the pri soner's fist in the attitude of striking him. He did not see the blow, but in a moment his father fell by his side, and he (the son) fainted away. When he recovered his senses, his father was standing over him, the blood dropping from his face and falling upon his own. As soon as he could he got up, and then perceived that his father had received a violent blow on the lower part of his forehead, from the wound inflicted by which the blood was running. He went home. His father was upwards of 70, and before this had been well, but from that moment complained of being ill, and within ten days had done with earth, and was a corpse. Mr. Warren; a surgeon, of Exeter, was called, who had seen the deceased two days before his death, and had also made a post mortem examination. Ile stated that when he saw the deceased alive he was labouring appa rently from some disease of the chest, which produced great difficulty of breathing. He said to him, " Why, Perriam, you must have been ill for some time," and the deceased answered that he had. Two days after ho died. On making the post mortem examination he discovered a great quantity of watery serum on the brain, which also bore evident marks of a chronic disease, which must have existed for a long time. On examining the chest and surrounding viscera he found the heart very much diseased, which also must have been a complaint of long standing ; and he considered the death of the deceased resulted from one or both of these maladies, and not from the effects of the blow. It was possible that the blow might have accelerated his death, and possible that it had had no such effect. Mr. Baron ALDERSON stopped the case, observing that everything was to be presumed in favour of the prisoner, the contrary of which was not satisfactorily proved. The jury, if satisfied with the truth of the evidence given by the son, would find hint guilty of an assault. This verdict was immediately returned, and the Learned Judge then sentenced him to four months' imprisonment, with hard labour. John Maddock and William Maddock were indicted for assaulting and robbing Richard Coles, on the high way, and stealing from his person a hat and handkerchief, his property. The jury immediately returned a verdict of Not Guilty. Charles Rowe Salter was indicted for maliciously shoot ing at James Salter and Henry Canniford, with intent to maim, &c. Mr. Cox prosecuted ; Mr. Rowe defended the prisoner. From the evidence in this case, it appeared that the prisoner had most improperly fired a gun at the two boys named in the indictment, but at such a great dis tance as to negative the supposition that he was actuated by the intent laid in the indictment. He was, therefore, acquitted ; but the Learned Judge expressed a regret that it was not a case in which the jury could find a common assault. His Lordship rose about nine o'clock, all the business being finished ; and this ends the business of the Winter Western Circuit. OXFORD ClRCUlT.—Stafford, Dec. 20. (Betore Mr. Justice COLTMAN.) At the sitting of the Ceurt this morning, the Learned Judge directed Joseph Penn (who, on Wednesday last, had been convicted of the manslaughter of Prudence Ilughes, at Sedgley) to be placed at the bar where upon, his Lordship sui I, "You have been found guilty, upon the clearest possible evidence, of the manslaughter of Prudence Hughes. The jury, by their verdict, have evidently taken a most merciful view of your case, and have acquitted you of the more serious crime of murder. The sentence of the Court is, that you be transported for the term of ten years." -- John Sherri', an account of whose trial;together with that of Miss Railton and Mr. Hiidreth, fur the conceal ment of the birth of a child, has already appeared in our columns, was again placed at the bar, under an in dictment for using a certain instrument on the 19th and 23d of October last, at the parish of Wolverhampton, with intent to procure the miscarriage of Miss Jape Railton, a young lady. The prisoner pleaded Not Guilty. Mr. Beadon appeared fur the prosecution, and stated the facts of the case clearly and concisely to the jury. Miss Railton was then called several times as a witness against the prisoner; but as she did not come into Court fur that purpose, the Judge ordered her recognizance to be estreated. Mr. BEADON then observed that it would be needless for him to proceed with the case during the abs , nee of so material a witness, and the Learned Judge directed the jury to acquit the prisoner, upon which he was dis charged from custody. Matthew Leach was then arraigned for cutting and wounding Wm. Skinner, with intent to do him seine grievous bodily harm, on the 2d of last September. Mr. Beadon appeared for the prosecution; Mr. Neale for the prisoner. The evidence adduced tended to show that the prose cutor and some other men were together drinking in a public-house at Sedgley, when the prisoner suddenly came in and tried to take Skinner's pipe from his mouth. This gave rise to a quarrel, which ended in an inter change of blows. Both the prisoner and the prosecutor fell to the ground, and a jug which Leach had in his hand was smashed against the ground. On picking up the prosecutor he was found to have received a severe cut on the back of his neck. For the defence it was contended that the injury was inflicted by a broken fragment of the jug. The jury found a verdict of Not Guilty. John Gdvan, [Wary Govan, and Margaret Mackintyre (natives of the sister kingdom) were indicted for stab bing James Coyne and Robert Coyne, with intent to do them some grievous bodily harm, at Wolverhampton, on the 25th of August last. Mr. Yardley appeared for the prosecution. The prisoners were undefended. James Coyne, a labourer, stated that between eleven and twelve o'clock on the night of the 25th of August, he, with his wife and brother, were returning home along Stafford -street, Wolverhampton. They had arrived within twenty yards of their house, when they passed James Gavan and other persons standing in the street. Prosecutor said, " Good night, lads." John Gavan put out his leg to throw prosecutor down. He escaped, how ever, but just as he had passed the party, he felt a knife running into his left arm. lie turned round and seized John Gavan. They wrestled, and the prosecutor re ceived a cut on the chin with a knife. His wife ran for the police. He received four cuts on the arm, and two on the chin. Prosecutor did not know any of the other persons. Ellen Coyne, the prosecutor's wife, corroborated her husband's testimony, and saw Mary Gavan make a blow at witness's husband with a knife. Her husband was on the ground at the time, and kicked off the blow with his foot. Bridget Coyne said that she saw John Gavan with a knife in his hand, with which lie stabbed the prosecutor. Michael Stewart, inspector of police, saw the prose cutor shortly after the occurrence. He was covered with blood. Witness then apprehended John Gavin. Mr. Edward Francis Dehane, surgeon, Wolverhampton, described the nature of the wounds the prosecutor had re ceived. They were such as might be inflicted with a knife. The jury found the prisoner, John Gavan, Guilty of a common assault, and the Learned Judge sentenced him to be imprisoned twelve calendar months to hard labour. The female prisoners were acquitted. James Thompson, Benjamin Moore, and James Mar chant, were indicted for feloniously wounding Thomas Westwood, on the Ist of June, at Kingswinford. Mr. Huddlestone and Mr. Woolrych appeared for the prosecution, and Mr. Neale for the defence. The prosecutor, who is a glass-maker, had been very cruelly ill-treated by three men, when returning home from his work on the evening in question. The prisoners were not clearly identified as the parties who had com mitted the outrage, upon which they were acquitted. At about half -past four o'clock on Friday the business of the winter assize fur this county closed, having lasted altogether about eleven days. With the last trial here the present Oxford Cireait terminated. The cases which carne before the Learned Judge on this occasion were almost all of a very serious character, and the number of prisoners was far g rea t er t h an was ant i cipated; although, prisoners was far greater than was anticipated; although, howeyez', several of the charges against thew were of a capital nature, only two men have been left by Mr. Jua• tice Coltman for execution. POLICE INTELLIGENCE. (SATURDAY.) MARLBOROUGH-STREET. Mr. Patrick H. Owen, a young Irishman, was brought before Mr. Hardwick, charged with having broken a looking•glass, worth 17/., and done other damage to the property of Mrs. Fletcher, of 34, Duke-street. The complainant said she kept a respectable lodging-house for ladies. The defendant, who was a stranger to her, called upon her about five weeks ago, and said he had been recommended by a Mrs. Thompson, of Dublin, to a young lady who lodged in the house. Complainant refused to allow him to see the lady in question, as she was under the pro tection of a friend. The defendant refused to go until he had seen the lady, and then complainant threatened to call the police. The defendant imme diately thrust his umbrella against a looking-glass worth 17/., and broke it, and also broke a gas lamp worth 10s. The defendant went away, and com plainant obtaine 1 a summons against him, but the summons could not be served until Friday evening. The defendant attempted to deny being the person who had called at the complainant's house. Mr. Ihauvvicx was satisfied that the complainant's story was correct, and therefore fined the defendant 51. for the assault, 51. for the glass, and 10s. for the gas lamp.—The defendant paid the money. THAMES POLICE. The brother of the late master of the Hero appeared before Mr. Ballantine to contradict a statement made on Thursday by a person, who in applying for an arrear of wages alleged to be due to his son, one of the parties who perished in the wreck, said the acci dent was attributable to the circumstance of the cap tain having been ill, and entrusting the care of the vessel to the mate, who was in liquor at the time. To disprove so serious a charge, and to relieve the memory of his brother from the obloquy it was calcu lated to attach to it, the applicant handed to the ma gistrate a letter from Messrs. Hoffman and Shenk, urging him to attend at the police-office for the pur pose of contradicting this statement made against the master of the Hero. Mr. BALLANTINE said the Court could not be made the vehicle of public information, not in any way connected with the public business. The reporters would no doubt correct any misrepresentation, if it was in their power. AWFUL FIRE ON SATURDAY (FURTHER PARTICULARS.) The fire was first discovered by the inmates of the house, who consisted of Mr. and Mrs. Farey, Mr. Farey, jun., three female servants, and a youth who acted as Mr. Farey's clerk, all of whom, with the ex ception of the latter, succeeded in effecting their es cape on to the roof of the house, in a state of nudity, but were unable without assistance to proceed fur ther. Their cries of "Fire !" attracted the notice of a policeman on duty in the neighbourhood, who, on hastening to the spot, discovered a dense body of smoke rising from the rear of the premises, and us stantly springing his rattle raised the alarm. As soon as an entrance could be effected through the adjoin ing houses, the police ascended to the roofs, and res cued the above-mentioned six individuals from their frightfully perilous situation, and they were ulti mately conveyed to No. .5.5 on the opposite side of street, where they still remain. The flames at the time appeared to be raging on the second floor, at d speedily extended to the third floor, bursting throug:. the windows, back and front, with terrific fury; arc within an incredibly short space of time they also ar peered through the roof, illumining the atmosphe e for miles round the metropolis. About twenty minutes before five o'clock a portic. of the roof at the back of the premises fell in, ant' a still larger portion about a quarter of an hour after wards, which carried with it the whole of the mas sive timbers of the floors down to the basement with a tremendous crash, upon which the engines were enabled to bear more powerfully upon the ruins, which still continued to burn fiercely. As soon as the ruins were sufficiently cooled to enable the firemen to enter the premises, they did so rom the back upon the ground floor, and near the wine-cellar they found a man standing immovable from intoxication, who was immediately handed over to the care of the police, and was conveyed to the station-house. At that moment one of the brigade men heard the moans or stifled cries of a person coming from the front of the house. Hastening round to the front he descended the area, and break ing open the kitchen window could plainly distin guish a man lying in the ruins, and s till a li ve . E very exertion which humanity could prompt was instantly made to rescue the unfortunate being, who was lying near the front kitchen door, with his feet under a dresser, and a massive beam pressing across his knees, while heavy joists, &c., were lying on his shoulders. He was evidently sinking fast, and, notwithstanding some warm brandy and water was instantly procured and administered, he became insensible, and when at length he was, by means of jacks to raise the timber, extricated and conveyed on a police stretcher to a surgeon's in the same street, it was found that life was quite extinct. The deceased was John Birkmyer, a policeman of the E division, No. 152, who had been assisting in the endeavours to extinguish the flames, and the body was immediately removed to the work house of St. Giles's-in-the-Fields. As soon as the confusion which necessarily prevails on such lamentable occasions had somewhat subsided, great fears were entertained that Mr. Farey's clerk, a youth, named William Robinson, about fifteen years of age, who slept in one of the attics, had perished in the flames; and as soon as the ruins were sufficiently cooled an active search was made for his remains, which were not, however, discovered until three o'clock in the afternoon, when they were found nearly at the top of the ruins, in a dreadfully burned state, nothing remaining but the head and back, and portions of the arms and legs. The remains were shortly afterwards placed in a shell and conveyed to St. Giles's workhouse. Upon the police being mustered on their return to the station, after attending the fire, it was found that another policeman, named John Wright, No. 128 E, who was assisting in Guildford-street, as well as Birkmyer, was also missing; and, up to a late hour last night, no trace of him had been discovered, and every fear is entertained that he also has fallen a vic tim, and that his body is now in the ruins. A man named Charles Jenkins, a jobbing groom, lodging at the Guildford Arms public-house, in the same street, who was seen actively assisting at the fire, is also missing, and very little doubt exists that both have perished. It was believed that the man Jenkins, hear mg, about five o'clock, that a valuable dog belonging to Mr. Farey was in the kitchen at the time of the outbreak of the fire, was anxious to see if he could find it, and ventured down the area steps, and into the kitchen, in search of it (that part then being uninjured by the fire), when he was seen by the two policemen, Birkmyer and Wright, who followed him, to compel him to come back, and, at the instant they were doing so, the roof falling in, carried down with it the upper floors to the first floor, under the flooring of which were iron rafters, and on it two massive iron chests, each weighing (it is stated) 1,100 weight, the whole of which was then forced down to the base ment, burying the three individuals under the ponde roes mass. The following statement of the outbreak was given to our reporter by Dilley, the coachman o f Mr. Farey : " I was suddenly aroused from my sleep by a loud knocking at my door. I immediately got up, and, upon looking out of the window, I perceived that a large body of fire was raging in the pantry at the back of my master's house. As soon as I got on my trou sers, I ran out, and thus made the best of my way up the stairs, and shouted 'Fire I' I succeeded, I think, in awakening some of the inmates ; for shortly after wards I heard a loud screaming at the top of the building. Finding the fire was progressing, I hastened back, and called to the neighbours to come and render assistance. I was soon afterwards joined by Charles Jenkins, the groom, who ran into the house several times to save what property he couli. The flames descending and the smoke being so oppressive, I en. deavoured to persuade him not to enter the house again. He replied, laughing, Oh, Dilley, have a little pluck, my boy, there's no danger; I will go and get master's favourite dog (or bird).' Having said this, he dashed into the house, and I never saw him afterwards. There was no other way of escape ; therefore I am of opinion that he perished in the flames. I have not the slightest idea how the fire originated." Relative to the means which were employed to awaken the youth in the attic, the following state ment of Mr. Farey, jun., will prove that nothing which humanity could suggest was left undone in order to accomplish his rescue : " Immediately I was made sensible of there being a fire upon the premises, I ran out of my own room, which adjoins that of the servants' on the third floor. I called out to the parties below, and advised them in stantly to escape. Finding I could not descend, I hastened towards the parapet, knocking as I went most violently at the servants' door. Before reaching the parapet, I found the boy Robinson was missing. I ran back and called him ; but receiving no answer I knocked still more violently at the door of his cham ber. The heat was so oppressive that I was forced to retreat, but upon reaching the parapet a second time I revived, and again returned and broke the windows of the boy's room. All these attempts to awaken the lad proving useless, I was obliged to leave the room, and just reached the parapet in time to save my own life,' The building in which the fire originated is totally destroyed, with the entire of the splendid furniture, books, pictures, drawings, jewellery, instruments, &c. Information of the melancholy cccurrenc e h as b een forwarded to Mr. Wakley, M.P., Coroner, but it is not yet known whether the inquest will be taken on the two bodies found, or delayed with the o ther t/ are found. THE ARMY. THE DUKE OF WELLINGTON AND Rai' GIOUS LIBERTY IN THE ARMY. (From the Welshman.) pOf An inaccurate p aragrap h h av i ng appeared in e"1-fi. the newspapers with reference to the subject of the 1 ) lowing correspondence, we have been favou red Y the Rev. John Smith with copies of the original cuments, which we have much pleasure in ing, as very important in themselves, and, " 3°r o i over, strikingly illustrative of the character of " e r the greatest men of this or any other age. The 1, respondence having been on a public topic, and e O . strictly official nature, there can be no breach of Fr t , priety in our placing it on record in our columns, p arol e cularly as it redounds so highly to the honour 0 , illustrious Duke, and must prove so satisfactory to W I : publis e friends of religious freedom. We judge it expo cli l e i n , s however, to omit the name of the sick soldier, as "1 6 ,;, 4 1 the title of the hospital at which Mr. Smith was rev' permission to visit him : " 9, Earl-street, W es t m i ns t er , O ct . 17, 184 4 : 0. w g1,014 " THE MOST NOBLE HIS G RACE TH E DUKE OF TON, K.G., P.C. pill "My Lord Duke,—l think it proper most respect to lay before your Grace th 3 following circumstan ces ;h 9 " I am a Wesleyan Methodist minister, and 10 : o f course of my pastor a l d u ti es ( at t h e wr i tten requel`d Sergeant —, a member of th e W es leyan Society , an IA patient in the h os pit a l o f t h e , i n I we t, on Friday, the 11th, and on Wednesday, the 15th in s l , for the purpose of visiting him, and on both oecils i° o I have been refused admission. On the letter I "' r , abruptly told that, though I was a Wesleyan hninr o , I might seek admission on Sundays as other Tigi f t ` l tt g Your Grace will readily perceive that this would ne' i t i e be convenient to any minister whose employments on Lord's-day occupy all his time, nor would such a very all that might be required by a sick or dying man- • " I beg permission t o rem i n d your G race t h a t an 0 1 1 ) , portunity of vi s iti ng a mem b er o f hi s fl oc k is regulr granted to any minister o f th e R om i s h Ch urc h, and' o at a loss to conceive on what ground it should be de ll l ed to ministers of other religious communities. 0 " I am unwilling to b e li eve t h at t h e i nter di c t a Pi ll I complain as to myself can have been sanctioned by $7, order from the authorities of the army, and I trust I l is si only to bring the matter under the notice of your Grace:, er Commander-in-Chief, t o o bt a i n f or myse lf an d for otP ot Christian ministers, and for all such soldiers as mad p si be members of the Chur c h o f E ng l an d, t h ose priv ri lt e6- 1 which, while they ar e f ree ly conce d e d to t h e memo the Church of Home, ou g ht no t t o b e d en i e d to the ° e ke , hers of any Prote s t an t Ch urc h.—l am, my L or d 1 / 1 1 your Grace's most obedient servant, JOHN " JOHN SIVIT- 0 * , 0 Mr. Smith received the following communicati c !' reply, from Adjutant-General : - iir John Macdonald " Horse Guards, Oct. "Sir,—l am directed by the Commander-in-Chi! t o., acknowledge the receipt of your letter of the 170 in , 01 1 in which you compl a i n th a t on t wo recent occa sio° l , had been refused admission to the Hospital of ol whither you had gone, i n th e course of your P l „ to e it, duties, for the purp ose of v i s i t i ng, at hi s own retl-01 Sergeant --, a member of the Wesleyan Society' at the time a p tient in the said hospital. °f 1. ) "I am commanded to assure you t h at the A ll h oe Wellington anxiously desires that soldiers shoe of of the benefit of the spirit ua l ass i stance o f clergYr°-od their own persuasion, whenever they may r equire 14 6 01 that commanding officers of regiments are fully aPP t bst of the perfect liberality of his Grace's views ° ll subject. °l ' " As regards, howev e r, th e v i s i ts o f clergymen ol d er diers in hospital, th e es t a bli s h e d ru l e i s, t h at eve ry p ie is at liberty to c h oose hi s own pastor, w i t h t his gj the understanding that he s h a ll not if y hi s w i s h , throug h ivy regular channel, t o hi s commanding officer, who will g immediate directions for the admission of the c e ita tel man whom the soldier m a y h ave c h osen as his Wj adviser. it " Had Sergeant conformed to this rule (w". 1- 0. appeared he did n o t), y ou wou ld h ave met w i t h BO dements in your visits.. t " The indiscriminate admission of strangers (n ° l3o pi' excepting the clergy) into barracks and military td be tals, without due authority, and without makingtid selves and their business previously known, o° oot ier productive of constant, and frequently serious, 111 0c rof nience ; but no difficulty of admission can eve," iss ioa where the individual who presents himself for sca l y , the mentions his name and the object to those who ha ie for immediate charge of the sick,* and are responstn ip ie the enforcement of the regulations under which 9 ' sion into the hospital is given. ire to " The Duke of W e lli ng t on h as conimande prer enter into the above expl an ati on f or y our future gul Li b , and to prevent your b e i ng , u p on t h ese occasion s , ject to any disappointment. I am to add that, in the c a se of the Foot Gilercli: the medical offi ce r in c h arge o f t h e h os pital will b e fficer powered to admit the cl erg y, as th e com manding, ° e d to of the regim e nt canno t b e f or th com i ng to be aPP' h oe for admission, from hi s no t li v i ng in barracks. - 1 the honour to be, Sir, your most obedient humble serva. "JOHN MACDONALD, Jt•,, " Rev. John Smith, 9, Earl-street, Westminster. op The kind anxiety of his Grace to make his veiw i the the question distinctly und e r s t oo d, as ev id ence d 1 1, circumstantiality with w hi c h Si r J o h n Macdonald, if desire, enters into explanation and direction, w ill be appreciated by every reader. * This Mr. Smith did. JOHN HARDY, ESQ., M.P. FOR BRADFOIII3.'"-We regret . to hear that this venera, , ,le gen tleman hag b."' sustained a fit of a glad to suffering from severe illness during the week —having accounts, we are better. Bradfo: d Observer. say bu &no to the latest lt;eaiesci)dre Icicra ly Ainongs COLONEL MAXWELL'S ADYENTERS•---' ed i 64° the numerous distinguished personages these amusing memoirs, are the following The peror Napoleon—The King and Queen of SPa lu n ' — ue ea King of Sicily—King Joachim of Naples and hisnd —The King and Queen of Sardinia—The I(in g e of Queen of Etruria—Lon;s XVlll—Queen Caroli,n.po England—Pope Pius Vll—Princesse Pauline --- 11 4 4 , Lucien Bonaparte—Prince Leopold—Prince Este rl,O —The Duke of Saxe Coburg—The Duke and 1)11c of Bedford—Lord Amherst—Lord William nenti,inept iutroduc. e Colonel Neil Campbell—Lord Elphinstone —Lor " ' o da mouth—Lord Stewart—Lord Duncan —Lady Chg . o f Campbell —Sir W. G e ll—M a d ame de Stael-3110:0,, Bertrand —General Drouet—The Prince of liO nsi Cardinal Pacea—Bergami, GENERAL TO M THUMB AND VI 1NC04."" ip COMMISSIONERS.—The " general," while exhibitiqu), Glasgoe (whi c h c ity he has lately left for Pot 0 received, shortly before his departure, a visit fr ow official, who, to his great surprise, presented fof order of the Commissioners of the lecome't s% 4ling Glasgow, w ith a printed form to be filled ap , e" de. him to mak e a return of the amount of his iticol le )P rivable by th e ex hibi t i on o f hi s di m i nut i ve person. v ier Barnum, the guardian of the " general," acting: P o/ 1 ' advice, and in the belief that the Legislature nev`rdescs templated taxing a 4 foreigner w h o h a d no fixed rest bieb in this country, paid no attention to the sualln ( ?, s , 6 'r n on e commanded the gener a l t o ma k e hi s re turn 111‘"*"" the day, instead of twenty-one, the period l:mited hr•vsued statute. The Scotch C omm i ss i oners h av e now P,; / ; t bU the little genera l to D u bli n, and hav i ng assu med t`" 03 0 annual receipts are 25,000/., have assessed Du' A 4 w the amount, and now call on hi m f or 729/. IosWitru" income-tax. This demand Mr. Barnum resists; SAINT AGNES.—On Monday last, unusua l Th, l eas ment was produced in this usually quiet town, coo" the on the clergyman of the parish refusing to 1 100 corpse of a child which had been baptised in a ilis i ! e n tisai place of worship, and no certificate of the child's b a p ref' being produced. After much inconvenience , 11 ,, ° ;,,tisfi l the present minister of the chapel at which the ledg e had taken place read the service from or near the writ of the burial ground, and thus the matter ended' hy, Briton. h MISS CLARA WRIISTER.--Unfortunately , t UnfortunatelY, e l , ef the on ~./ oe of this accompli s h e d d ancer h as not b een attendant upon the late sad accident at 1)rllrY o tb : Theatre. A nurs e of th e name of Hudd, supP ll.-A - ° Ol t ' urgency of the case from the Middlesex ll°sP sa d ' attend upon Miss Webster, fell down the 1 t i r E L' i i t '' 7 „ have being conv e y e d b ac k to t h e hosp i ta l, "1 Abe lave sustained a serious fracture of the knee' "support now lying in th e acc id ent ward, whilst a sickly "-„,por• and three young children are deprived of the they obtained from her labour. BIRTHS. Clailu „ On the 23d inst., in Bruton-street, the lady o f I Scott, Esq., of a so n . th• 46° On the 23d u lt., a t Vill a Corsi, near Florence, Alfred Lamb er t, E sq., o f a daughter. of w' 4,. ' On the 16th i nst. , at Sloane -street, Chelsea, t he 1$" Clarke, Esq., o f a son. 1.. the oifs t On the lith i ns t., a t S p ik e Island, Cove o f Cor. d , siie bteL? of Lieut enan t-C o l onel Burton, Royal Marines, of s . I:A' On the 19th i ns t . , th e l a d y of Warren Do La s u°' a daughter. MARRIED. n iars, e " , On the 17th inst., at Ferrnoy, T. Hamlet, TaYIT "l a te h Inn, Esq., to Ilelena Gertrude e, daughter of t"e <olf Waters, of Fermoy, Esq. ,1 Cole '' • 'l% On the 18th inst., at Luton, Bedfordshire, David - -,,, r of - NENs'agllero,f E W si o . r , c o es f t L er u , to s n u . rgeon, to Jane, eldest clAugul On. Coward,th eEI sq., inst. DIED. d 7 9 ' O the 18th inst., Amelia Eliza, the wit G +r Egqe., oafg e_ .lB ,.. if : On the 19th' Anthony Barto Valle, On surgeon, Hoxton. ieadow. .' I , ' . 3 South Lits betb ' __ A B. J. Sharp. . OW" On the 19th inst., at St. Peter's, St. Alban ' '' ill Lydekker, Esq., M.D., a ed 72. of ° place, On the 19th inst., Mary Catherine Hammond, widow lit .r late William Hammond, of Southgate. eldest da4. On the 2d inst., at Naples, Emily Berton, of William R. Preston, Esq of Aigburth, near LiferP ° O ftli g On the 3d inst., at Rome "- • - d aughter - , Elizabeth Mary, lif Dowager Lady Musgrave a ed 19. c o W I On. the 9th in ,at Roberts g brid e Sussex, Henri r Esq., of Rutland-Place H -de g ' untli ark. o ritif On the 13th in ,at 3 -r) C • " "-- ani ° .ini Brussels, ,aptain Campbell, late of the . 20th Re ' giment. ber l ' • _ On the 13th inst., at Milford Haven, Charles Chan' ~ir o bo' and C' A re' Esb., late her Majesty's Consul C h at art agena „,g On the 14th inst., at York-crescent, Clifton, •a i : o govf,' Bogle, eldest daughter of James Campbell, Est , o ( E r yi sbev On the 15th inst., at Clapham, Surrey, 3111 ' 1 .t Tyler, aged 87. oo' On the 15th inst., at Bath, Frances Matilda , i ° daughter of the late Rev. William Wilkinson. s s line fl ' On the 15th inst., in Regent-street, Mrs. Catherine ..ds, wife of Edward Salmon, late of the Scots Fusilier Gill" ••• •••••••111MIE. 6l London: Printed and Published by MURDO I°No. pi 1120 No. 112, Strand, Printer, at The Sun 01 1101 '., 40 if Strand, in the Precinct of the Savoy, in 01. Middle's:ix, Monday, December 23, 1844.