The Sun. — London, England, 1844-05-27 00:00:00

THE STA'rE TRIALS. DUBLIN, FRIDAY. (Continued from The S'on of Seturtla,,Y.) lifter the Cnier JUSTICE SCkti‘ (lint it Wn Utinecessary for him, most able end , i diet-ete judgment given by his re :Peel lee and reenreted he. :hien, who preceded him, to make duty. to in delivering his judgment. It was his . 0 ly to the public . and to all who were interested in that trial, ;:ndeavour to compress what he bad to say within as nar ,ompase as peesilAe. I-k was the more inclined to pur ee (1 c ompass Course ttpnn the principle according to which he "4,1 hithertn conducted himself during the discussion of th t In:11 motion It weuld, he presumed, have been ob d-''-e 0 S - the bar and ethers who had attended the t , J ,. 3 9issien of that metien, t hat he had, as far as possible, ele 'weed from all, itit f•;. in the case. He had hitherto tiwoß of sers-a cj tie eomment, preferring from mo or " c licaese and upon peesonal grounds, to leave to his or :en upon the bench the consideration . or the correction f allen - Yhunputed error or mistake into which he might have e,,_ the charge delivered to the jury, as the organ and le head of the court. If the error or mistake had been .2.tamitted it was fit that it should be corrected ; and if the ryies Were entitled to have it, and no one ought to be, and trusted no one would be, more happy than he would to have ",18errOra or mistakes rectified and justice done according to ti ght Thus it was he had adopted the course he bad hitherto l' e itrsl led during the progress of that motion, and except as de,,n,s.tener he had taken no part. Those concerned in it should Zaire thejustice to confess that they had not been inter iuettitel, and this was the only commentary he made or in e to th e geeeral O ki make upon that part of the case. With regard to ect and the conclusion that was to be enme te upon this sub'ect he f It that he was bound conscientiotely, e l ltn e ti t jn the discharge ' of e his duty, to give his opinion andjud e,,,CPon this subject, and he did therefore say without t;,„lelication that he concurred altogether in the view' ti i ik d c e e lc;:lie brother Burton, mid in the judgment which he hae pi• Now, it was conceded, that if a proper case were tri e ° lit, the C o u r t wou ld en t er t a i n a mot i on f or a new ' 1 a misdemeanour case : in a case of felony it was not 40 , and tAA uPon a trial at b ar . Th e Att orne y-G enera l h a d con - C ed that proposition, and that very eminent and censtitu laid l awyer, Mr. Erskine, afterwards Lord Erskine, thus d oWn the rul e: —" Th e a tt a i nment o f su b stant i a l j ust i ce rt ,a L 3 so de cidedly the ruling principle upon which the Court 41ed, that in civil cases j u d ges h a d somet i mes re f use d to grant r new trial e ven where the verdict was against the law, if the whol e th ey saw t h at su b stant i al j ust i ce had b een int e * d ifortiori, in criminal:cases, w h er e the C row n h a d no oxeerest but the attaining of solid justice, the Court would j eriT e,i,se this power for the purpose of attaining it, and their ninet necessarily be co-extensive with this great th ee , I .crtl Renvoli, the presiding judge, said that "he thateht the rule was correct ly stated by defeudant's counsel,. ece e i n greeting a new trial the Court would either grant or of bus • 8 e a new triel as either would tend to the advancement Ri t h ThuWthie great and eminent judge concurred . ree -13 great and emineet lawyer in the ruse of law with eti4T, 1 ,. 1 . t ? the greeting . of a new trial. Agreeing and con brio • g the principle so laid down, and applying- that ere the present case under cons iderati on , which was th e Tin:cation for a new trial in a conspiracy case, in which heiiVeodants had been convicted, Lord Kenyon and all the were of opinion tint the rule for a new trial should ts all ' i e r fl ?• e t' d- He • ne ' xt • cime to the consideration . of the parti thew ,"ojevte upon which a new trial was applied . for, and he t o ~e; Pate ever briefly possible many of them, in reference thes e all the Court. hail already concurred. The first of of in point of order was the alleged mis-trial in consequence f 4()C' having been sworn as John Rigby,. instead o tell:I-Jason Rigby. lie could not add anything to the oh teele'rlions Yalichhad been made upon that futile objection— red „the circumstances he said most futile; and he concur are, ""ogether under the circumstances of the case, there t o erroend what enever for the parties then complaining th a lli for nr obtain a new trial. The second ground was Tic it , ll An alleged error having been committed in cense oati„e Of an order made by the Court upon the 13th of e lline: r3 ' 18 44, extending the length of the trial into the en the va cation. It wa s of to both upon the ground of aantaoe, Jurisdiction o f t h e l anguage o f t h e ru l e, and a l so f or t h e epe in the Court to make an order at all te e ' the subject. II is Lordship then observed, having read tl late uti ml of the Attorney-General upon the subject, Vere,rt"e objection urged by the counsel for the tra- It'ore s waS a futile oljection ; the order made complied in ae:,;,,„aild he would say in common sense with the Act, and Ne t : no rdason to entertain a doubt that the Court were ' o l.lla lli e making the vacation a part of the term. But he 'Pee u •I Y with respect to any such mistakes they were te tlit the record, and the traversers would have an oppor tiee of a PPealing to a higher tribunal. The next objec tear ': •4 8 taken on account o f t h e v e nue ; h e nee d not t he /4) t he eases whi c h establi s hed w ith ou t c o n t rovers y Otis that that if th er e b e evidence of one overt act suitcoMinitted within any specified locality, that was the, re sufficient tai lay the venue satisfactorily. For , e erv er ' s ulle he would all no more on this point to the °h em „I:41s that had Caren from his learned brethren who tte n , " also concurred with all of them in e s, t here was nothing in the objection on account of egi, e 4arat ion of the jur.y, which had been acquiesced in and j i gs to by the counsel for the traversers. The next point ( ti ° omission of certain names on the jury list, and, as 41 1 th,, 1 4, Learned Chief Justice) viewed the case now, after pelt -4ainuelits laid before the Court and the observations tile subject, lie must say he saw no reason whatever peen' u ting fraud to any one on either side. The subject twice before the Court—first, on the motion on the ,alluary to quash the proceedings, and, second, on the Ehat e `, l °f the plea inabate:nent, and he found nothing now ,7lieh . a 'er ,Urgeil to induce him to alter the judgment of the re,`"iirered then on that point. The nest subject was 1 1 ' t ion of evidence that was contended to be inadmis " tli ' Ll is was especially a very material question. Now, the e first Ret et P ace, he had very grat doubts as to the truth of b 4 ve ee l uau, that it was contrary,nt brought home personally . to the eee ' 1.3 : on the it was his opinion that it had on the so. The document contended een ille rally admitted was what had been called a , tort ktl i It e te • • e e as no ballad nor anything like a ballad. It pur lee,ll:(; 0 1 1 ,th . e face of it to , be a history of certain pretended it A t "eel or enacted at Mullaglimast. Now, let them LAO- lie„„` nature of the meeting held there. It had been -, der Mr• O'Connell and the Repeal Association, and alitli.Ority the document in question hail been . Os L e ta Rua extensively circulated throughout the meeting. e r i t 3 . proceeded to express . his concurrence with o in their views of the emuounds upon " f ."ter• trial was sought, such as the r m nomer of a , lbwt of the term; the omission of names I N " l e jer list, &c., in reference te te which the Court )tp l r lie ne " w " speao)neurreittifiehrse Cr ra t m pie was the reception C pton and Burton had e , it e r l a. e t e l s , l e i l nst tl i‘ lti l i f erS o . p . • that they were evidence, not opinion and Duffy, but all the traver t%ltl'esetielillgecel.'istils-ithjatherr both in that opinion, and would grounds of concurrence. It was perfectly plain e leablication of seditious and inflamma:ory documents act, .and done in the furtherance of common s not in the nature of a confession, as the letter aerrettit case, nor of a narrative; eeb and the publication by im in the furtherance of tthiterenieri ande : r it il ernit l a t ur y en(' that qusstion, like all ~4 4, 1 1 11, , 1 1T ,a's left to l t l h n- e a 'u p ry. l) This publication being of that ; 41 liie e 'a,,' was by everyy j heiv laid down on the subject clearly le 8 - w e RgaillSt N. O'Connell. He did not mean to say t'; ' ,, , ,e a tee e e n °ll , lnsive evidence against the traversers. Mr. tt might have brought evidence that he never nt e„le, meeting or made a speech, or one of that descrip k)l3:4(l`!ae had Crouget forward no such proof, nor made t ..It, to th t aS the agent of Mr. t h a at e Published his speech in a c ne wspaper, and making 74.,e11:it17:;11e' t e n or t s. a A e ir the ai,ent of Mr. O'Connell, that state -I—eereeFlule evidence against Mr. O'Connell and all the O'Connell 'b was the leading member of the Zier t i ll "a, the cha ' inevi of the committee which issued the tet 111 i . e le ()1' , 1 11-l ! 1 *pea .. 1 wardens, one of whose rules was, that cer (le, ' , illy .. r 14 , 21 ; lE., the Pilot p ossible should be as ex ,eeiene„el till ated by them as p. To this document Mr.. e e e , lllL eri t s t i ) gei th e e d d h ee is d irme as Secretary, and thereby became tjobat—and this was a most material and of Plisiect ion had been made at the time to the recep ailniadels eiaenee, all the traversers' counsel had spoken uo 01 j.Ttion It had been said, indeed, that Mr. 111 3' 1 1 - .4 e?of, , h ated o UeCted to its admissibilitv, but that had )A e.. tsisi fni, _to the analogy between the newspapers ird tt ,e nd th e e . 4, 11 ;1+ ht r the letter was held to be in I t vid t at the . 1 as a principle . that an objection Y must be s iler te ee lc trial, .and in a tangible form, because additional Th r oe wir,ght then be given, or, in the case. of a charge, the d cyßq ki:i(!-iht retract, qua lif y , or ex pl a i n w h a t he had said. sQe L4 ' ? I le was applicable in misdemeanours as in civil tie' r , l fl Rey all and Maiming, Nigh's Parliamentary Reports, ' l 4 -I *-ea:c i es t Page 2 9 ; Lord Tenterden overruled the objec- Olee ' e it had not - been sufficiently specific. The Chief au(heci ' at „ i nuell length, adverted to the speech of Mr. Jeee k aity ee "' Plade at the trial to show that he adopted the e . tile newepepers, and that at that period no oh e4,„ast 4"„ urged against the newspapers being evidence th e _Lae traverser& He, therefore, utterly protested I ilo orwi eo nrse now adopted of reserving such an objection sn e ,! l ", ,`-` after the trial, and the judgment in the . House of g o a already- referred to, was an au!hority agamet te„lurth er el • practice. He (the Chief Justice) would not t 47 elis er ,„ lieto this (*llse. He meant to say nothing about Derrsioti,,t`t-itionsi or arguments which had been made upon 1110,1ly e M atter of the charge. He might have done so Herat' he,()!leistently with the station and situation which he itftetiell t,l'il,t.svae more gratifying to himself that the censer It e le le, Lula cenduct in delivering that charge should be a l ‘, 44 l,l l ,; l rueil Brethren, to whom it had been submitted. ‘4 1 11: e - t 1 . : 4 8 1 or t,t ' b 'e uo remarks ' upon the course adopted in the ° imition • hut would only say, with regard to to ‘ , - ` 4 ti t 'll Place ' ie that respect, that he entirely eon tie" ith decision which his Learned Brethren had conic Ti:tte,,4°Cl2,',ant to the nature of the charge. The Chief Jus thre err' e • n it , 4 red into a review of the case of the Rev. Mr. eee„:erelt et . '` col into in opinion with Judge Burton as to TO I L° m o n ` lB Caße not being disturbed: This being the 1 14 e 4 1 tion for a new trial must be refused generally. tay b eeo en , rt1110(- GENicewi. here rose and said, after what bntintentiol,gested by two members of the Court it is not N t W ith r t o call for judgment upon the Rev. Mr. Tierney; tb " the G s Pect to th e ot h er traversers I h ave t o request ge va se 11 -rt will fix to-morow for the giving of sentence " Ith jaTlir ef4 rene e - °ll- -Do you mean to enter a nolle prosequi .4,A . ,„ 1 „ 0 _ , to ? I . ,eat of tit,l,'Er-GErstuAL—l was Snot aware until the ler „, e " np o „ ,° Court had been given that the Court was f ur t l e subject of his case, and it be _ . sufficient e - Jed st a r may bgtlieut b that i do not intend to call up . Mr. Tierney Ju de filt ered 4 t as to the precise manner in which this 'Wi th ge on the record, I have not yet decided. th at l'e4 Peet t o PT°ll —As this is the course to be pursued the eriir , this particular traverser, I have to observe 'Theo he Jrettlesritaiieveueerrssi with that of my brother Burton and e n fe r,fusing the application of a new • "eat a s ` Knixe yee , ; eo ashi:"oula b eetleErtea.—l do not mean that any jiulg- With e ha nging over Mr. Tierney , ; but, I must Jud itt W4 Y th r : fer ence to the state of the record generally, 7,ll4geertk„......p_roceeding should be entered. 1• „'let thAT - rm;4` l2 r, -- -1 am satisfied. the Oth er d ..3 - 1111 gErtir.,-..Then your Lordships will di kratee,e of efendants to attend in the morning to abide Reee eß .tbe Court. 4 t • re ° l aa 1 -14- e Q.C., in the absence of the traversers' it ju igni e ' s aid it w 110,„ ern • b,, as their intention to move in arrest L eril f f i e Tary CZ.:'tba Preliminary to that, they considered 4 (16 3 itki, •OpOStea amended conformably to the of444ontiv,,a onatehteacken place, and a notice to that effect .4 rown. {ane nt. e— I nis will not stop your motion in arrest • le eTe , ea_ iiirea,--.Th postea Minot be first set right. L That i stop your motion. • it e t t ewj e e g & t l g e t iio fi l Le s o f‘tNl n° : h_em . eosenennn. 'lllien s i at a t3h t ,eesfy t a h jrg o e ue gd lt posted ey t should servednobtei ne fi e r s od ne t neiits alr ee 4 ' e 4 bßar ( l here looked at the notice, and said that . Itnill'ir(lhei3POZ4oef:Pane(al Gout would discuss questions .Ir. 1, 11 4 Polte a r le first matter in the notice was to p ecect ohreference to the Separation of the jury. 48 kerVed that th ( 1. j ge cN t ille a prob., • e mo ion for amending the ltAmp.m -I!nary application Th e ld twic e will • te e ~, s etee nuo e - e r, not hear the same matters a - pireelissiee E NEAL slid he did not apprehend that p ei arreste noti 4 IllCe Would take much time, or the of Judgment, and therefore he required that the.traversers should be in attendance in the morning and the arguments proceeded with at once. Mr. linturELL said they only looked for their strict rights. The Court rose at a quarter to eight o'clock. SATURDAY, MAY 25. At the sitting of the Court this morning Mr. Whiteside applied to have certain amendments made in the postea, by inserting thereon that the jury had been allowed to separate from day to day during the trial, and also by altering the words so as to-be strictly in accordance with the findings of the jurl upon the several issues sent before them. JusticeCRAMPTON asked what was the object of the motion. Mr. 'WHITESIDE said the object was to have the fact set forth according to ; the truth, and so as to have it put in a train for argument before another tribunal. The krronNET-GENEnAL objected to the 'motion, and re fen ed to the assent of Mr. Moore, Queen's Counsel, Counsel for the traversers, as to the separation of the jury, and also to the circumstance that the matter had been fully argued nu the new trial motion, when the Court had unanimously decided the point against them. With respect to the amend ment of the record by an alteration on the postea as to the findings of the jury, he contended that the course followed by the Crown was strictly in accordance with the practice in all the cases. Mr. CLOSE followed on behalf of the traversers. Ile had no objection to any form of expression on the record which would set forth the facts according to the truth ; but he did not - wish to have placed there words which would hereafter preclude his clients from .having the question argued on a writ of error. With respect to the consent said to have been given by Mr. Moore to the separation of the jury; he under stood it to have been given after the Court had made the order on the subject. Justice PERRIN said that the consent was either a compact or a fraud, and, if the former, no advantage sht,uld be after wards taken of the circumstance. Mr. FITZGIBBON said, that if - a compact had been entered into they would not wish to violate it, and for this reason he would send for Mr. Moore to ascertain the fact. . . --- 111r2MooRE, Queen's Counsel, having come into Court, said, in reply to Judge Perrin, that his recollection of the circumstance was, that the consent was entered into with the approval of the Counsel for the other traverscrs; but certainly was not so made with the intention of leading the Crown into error. _ The SOLICITOR-GENERAL was about to reply; but • The CHIEF Jusncn said the motion could not be granted by the Court, without violating the contract entered into be tween the parties. As to altering the postea as it then stood, with respect to the finding of the jury, they would not assist the party—first, because of the lateness of the application; and, secondly, because the traversers had used it on the mo tion for a new trial. Justice CRAMPTON, having read from the report of the trial what had occurred as to the separation of the jury, exptessed his . concurrence in the opinion of the Lord Chief Justice. Justice PtRRIN thought there was no error on the postea as to the finding of the jury, and as to that part of the mo tion respecting the separation of the jury, he understood it to be withdrawn, because it must have been made under a wrong impression of how the matter stood. Sir C. °TOOMBS said he was as Counsel on behalf of the traverscrs to move in arrest of judgment, and, not anticipa ting that the motion for amending the postea could be con cluded at that hour (two o'clock), he was not at that moment prepared to go on with his argument, but would respectfully ask a postponement until Monday. The ATTORNEY-GENERAL objected to any further delay, in a proceeding which had already occupied so much of the public time. The CHIEF JUSTICE asked—Would there be any objection to furnish the Crown with the points intended to be re lied on ? Sir C. OTOGITLEN said the traversers did not intend to rely on any matter already argued. The CHIEF JUSTICE.—The Court would not permit them to do so. Sir C. O'LOGIILEN.—The objections would arise in the shape of a general demurrer lo the indictment. The ATTORNEY-GENERAL protested against being con sidered a party to any further postponement in the argument on an indictment found so far back as the month of Novem ber last. If the counsel for the traversers did not go on till Monday, it would be difficult for his Learned Friend, the So licitor-General, in the hurry of sending for books of reference to the library, to see the bearings of the authorities quoted at the other side. After a further discussion between counsel. Sir C. OTOGIILEN said the objections he intended to urge were these—first, a technical one as to the caption of the in dictment; secondly, that the first five counts were bad for duplicity; and, thirdly, that all the counts were too general and vague. He would undertake to furnish the Crown in the course of the evening with a list of the authorities in sup port of his views, reserving to himself the right of adding any which, before Monday, he might become acquainted with. But all he was then in possession of should be slated in the list. This arrangement having been assented to, the Court shortly afterwards adjourned. SPIRIT of the PUBLIC JOURNALS. FROM THE MORNING PAPERS OF THIS DAY. TIMES.—We long ago informed our readers of the proba bility that Judge Crampton a n d one o f hi s brethren would prove inclined to allow a new trial in the case of the Rev. Mr. Tierney. Such turns out to be the case. The speech which was the only evidence of conspiracy against that traverser, was one," said Judge Perrin, "no doubt of a highly repre hensible character ; it was rash, and such as ought not to have been expected from a gentleman of his profession and calling." " It was," said Judge Crampton, " what he should say was a seditious speech—it was of a very violent and inflammatory nature, and proved that he was aware of the effects produced by the monster meetings—effects likely to excite to hatred in the great mass of the people against those whom he called the Saxon race ;" but both agreed in considering the evi dence of conspiracy as insufficient. If a nolle prosequi were entered as to him, Judge Crampton was prepared to refuse the motion for a new trial ; but if that were not done, he would, he said, at the risk of any public inconvenience, do justice to the individual, and grant him a new trial, though it should have the effect of awarding a new trial to all. The only other exception to unanimity regarded a more impor tant culprit. Judge Perrin alone was prepared to grant a new trial to the monster-agitator himself, Mr. O'Connell. His grounds are not very satisfactory to the unprofessional eyes of those who have a bias in favour of what are called the merits of the case. Judge Perrin had no doubt whatever of Mr. O'Connell's criminality. He had no doubt that the verdict was right both in fact and law—in the facts which it decided, and in the law upon which it was based. So far all is natural and conceive able. We often have the most entire moral conviction of the guilt of a prisoner, upon evidence which is yet insufficient to support an adverse verdict. But Judge Perrin had farther made up his mind that there was plenty of proof—plenty , of legitimate, admissible, conclusive proof—against the chief conspirator. " He thought there was ample evidence, inde pendent of the objectionable parts, to warrant and sustain the verdict." But then came the difficulty. Though there was a sufficiency of good evidence laid before the jury, yet with it there was some bad—some at least which, though good for one purpose, was yet bad for another, to which the jury might have applied it, or might be thought to have been en couraged to apply it. And as the jury (though they had plenty of good evidence before them) might, per haps, have based their verdict on this fraction of bad, Judge Perrin was for giving Mr. O'Connell a fresh start. And now, finally, what is the supposable para logism—what is this illegitimate reasoning of which the mere possibility is to be held sufficient to quash a confessedly honest and right verdict? The judge apprehends that the jury may have concluded that certain seditious speeches were7spoken by Mr. O'Connell, because they were reported as his in his own papers the Nation and the Freeman, and because in his presence and out of his presence they were re ferred to by counsel on both sides of the question as his, and neither he nor anybody else dreamt upon the trial of questioning either the fact that they were his or the evidence of their being so. It is certainly, therefore, not inconceivable that they may have drawn such a conclusion, unless they were very specially indeed cautioned against it. Nor should we presume to meddle with the legal conclusion which might be authoritatively deduced from that possibility. Law we know is law, and laymen must keep their fingers off it if they would not burn them. But, as friends of common sense, we heartily rejoice that for once law and reason run together, and that the Court does not insist upon our swallowing Judge Perrin's most indigestible deduction. That a verdict should be set aside because in the course of the trial certain notorious facts not necessary for its support had been at tempted to be proved by evidence of the most conclusive kind, but not applicable, in the eye of the law, to that exact purpose, is a proposition which, if it were law, would inspire some distaste for English jurisprudence. We are happy to be relieved from the painful obligation of so considering it. On the case of Mr. Tierney, then, the Court is equally divided. On that of Mr. O'Connell they refuse a new trial, dissen tients Perrin. On all the rest the Judges are unanimous. The legal result is (as an equal division affirms what has gone on before), that the traversers' motion is rejected in toto. We hear, however, that by the time the Chief Justice had finished delivering his opinion, a new motion in arrest of judgment was announced; that this, however, is likely to be speedily disposed of, and that judgment may be expected in the Course of the present week. We think all this intrinsically probable. The experience of the past trial lads us to suppose that they cannot possibly have much more to say for themselves, but that, if they have anything what ever, they will most certainly say it. They had, indeed, the grace to strike off from their late list of objections, or at least to omit to argue some, of which Judge Crampton observes, that " they were of such a nature as he had never heard of before ; and of which, for the credit of the Court and its practitioners, he trusted he might never hear again." But those which remained to be disposed of were not all of a very creditable cast. Let us look at a few of the answers given to them by the judge most friendly to the traversers. In answer to the second objection, what Judge Perrin "principally rested on was, that Mr. Rigby was sworn (as juror) with the express assent and con sent, and in some degree at the united instance and desire, of the counsel on both sides, and with a full knowledge of the facts." In answer to the third, he observed, that when the extension of the trial (now objected to) was formally applied for, " the attention of the defendants counsel was invited to it, and they declined to argue the subject or object." In answer to the fourth, "he rested upon tlae deliberate assent and continued acquiescence of the traversers and their counsel throughout the trial, and making no objection till after the verdict was found." There cannot be much more to be said when ob jections are raised capable of being met by such answers as these. It is like beginning to pay in sixpences. Desperate as they may be, they must be near the end of their cash in band ; and we may fairly indulge some hope that rumour is not far wrong, and that this wearisome affair will reach what is at least something like a conclusion about Tuesday next. CHRONICLE.—Most of the grounds upon which the ap plication was placed are of a nature which renders them unfit for discussion in the columns of a newspaper. There is amongst them, however, one, the merits of which may, as we think, be justly appreciated by any person of ordinary capacity, and as that one formed the roost prominent subject of the judicial difference,and as it related to the case of th e principal defendant, and constituted the principal ground upon which lie relied for the success of his application, we shall take the liberty of making a few observations upon the s u bj ec t. I n the course of the trial, and for the purpose of proving that Mr. O'Connell upon certain occasions attended certain meet ings, and gave utterance to certain opinions, copies were put in of the Dublin Pilot and of the Freeman's Journal, contain ing what professed to be statements of the attendance of Mr. O'Connell at these meetings, and reports of the speeches which he was said to have there delivered. No other evi dence whatever was given, either of the speeches or attend ances, except the mere production of the newspapers them selves, and the question as to this point upon the motion was, whether these newspapers had been properly received as evidence of the truth of the statements therein contained, of Mr. O'Connell's having attended the meetings, and given utterance to the sentiments in question. If Mr. O'Connell had been the sole defendant upon the trial, and was there upon a direct and substantive charge of having spoken the speeches and attended the meetings in the manner which the newspapers professed to record, no person having the slightest acquaintance with subjects of that nature could be so igno rant as to think that the charge could be proved by the production of the papers ; and no counsel in the empirewould so affront the good sense of any judge as to tender such do cuments for such a purpose. It was, however, contended, in the present case, " upon the other side," that as the papers in question were published by Barrett and Gray, who were themselves upor, their trial for having conspired with Mr. O'Connell, and as the papers were evidence respectively against the respective publishers, they were evidence against the co-conspirator of the publishers as acts done in further ance of the common object by Gray and Barrett; and therefore, being acts which, according to the law of evi dence relating to conspiracy, may be given in evidence against Mr. O'Connell, although he had not personally par ticipated in the publication of the reports, and may, as a .matter of fact, be absolutely ignorant of their existence. It seems to be universally acknowledged, and we believe it to be an undeniable fact, that such evidence was never be fore admitted for the purpose for which this evidence was adduced upon the recent occasion; and the exposition which the three judges of the Irish Court of Queen's Bench have given, of the grounds of their judgment in favour of its ad missibility, appears to us to show very clearly that the de cision is as wrong as it is novel. The Chief Justice, adopting the words of Mr. Phillipps (Treatise in Evidence, ch. 5, sec. 4), observes that the " act of the publication being done by one conspirator, in furtherance of the common design, was to be considered as done by him in the character of agent to his co-conspirators; and, therefore, that if Mr. Barrett published a statement of Mr. O'Connell's speeches and proceedings at public meetings, ho published it as the agent of Mr. O'Connell." Now, in the very place where the Chief Justice found the first part of his doctrine, he must have also found that an exception was made in regard to such declarations or statements as consisted in relations of antecedent events. The conclusion, therefore, which the Chief Justice drew from one part of the text, was actually prohibited by another, and that which his Lordship has de duced as a consequence from the rule, is declared by his own authority to be an exception to it. As this matter is all within the department of Sir James Graham, we recom mend the Right Honourable Baronet to step from his own chamber in the Home-office to that of Mr. Samuel March Phillipps, and to ask that learned and able person whether what one of the several conspirators may have stated in the form of a narration of a past occurrence, can be given in evidence against any other individual of the same party? In answer to this question, we p resu me that Mr. Phillipps will give the same information to Sir James Graham that he has already given to the rest of the world in the 4th section of the sth chapter of his " Treatise upon the Law of Evi dence." The published acco un t s o f the judgment of Mr. Justice Burton represent him as concurring in the judgment of the Chief Justice, upon the same grounds and upon the same authority, and making the same omission of any re ference to the exception which we have already men tioned, and which, in fact, altogether governs the present case. In regard to Mr. Justice Burton, it is, however, extremely singular that, in support of his own and the Chief Justice's view, of the admissibility of such papers for such a purpose, he actually refers to the case of the "King v. Hardy," which is the very authority upon which Mr. Phil lipps relies for their exclusion. But the extravagance to which Mr. Justice Crampton has carried this novel doctrine is perfectly romantic, and absolutely soars into the sublime of the absurd. He says, "that even though every speech and every fact stated in the new d spapers werefalse, they were as much evidence against Mr. O'Connell as if he had written every line of ,them." This is one of those daring flights of imagination before which criticism falls prostrate in utter and impotent amazement. THE DUKE OF WELLINGTON'S BALL AT APSLEY HOUSE. A magnificent ball, in celebration of her Majesty's birth day, was given by the Duke of Wellington on Friday night at Apsley-house. The fete was in every respect worthy of the occasion; at the lowest computation 900 of our high aristocracy were assembled. For the ball it was said that 1,000 cards of invitation were issued, in which were included the officers of the different household regiments. At about a quarter to ten o'clock the carriages began to set down visitors, and it was nearly half past one before all the company hadarrived. Owing to the park-gates having been allowed to remain open all night, and the admirable arrangements of the police under Superinten dent Baker, not the slightest confusion arose. • The Waterloo gallery and five noble saloons were thrown open for the ball, and most brilliantly illuminated. In every disposable part the choicest flowers and exotics were placed, imparting a delicious fragrance. The gallery, adorned with its invaluable collection of paintings, and embellished with its gorgeous decorations, presented a splendid scene at half past eleven, it being crowded by a rare galaxy of beauty and rank. It was there that the dance was formed, a band of 22 performers occupying the orchestra at the south end. At the opposite extremity sat their Royal Highnesses the Duke and Duchess of Cambridge, with the Noble Duke, surrounded by some of the principal guests. There were present—Their Royal Highnesses the Duke and Duchess of Cambridge, attended by Baron Knesebeck and Baroness Ahlefeldt ; his Serene Highness Prince Edward of Saxe-Weimar, and the following foreign Ministers :—His Ex cellency the French Ambassador and Countess de St. Aulaire, his Excellency the Turkish Ambassador, his Excellency Prince Castelcicala, his Excellency the Russian Minister and Baro ness Brunnow and Mademoiselle Olga Lechner, his Excellency Baron Nieumann, his Excellency M. Dedel, Countess Revent low, his Excellency Count Pollon, his Excellency Baron Hu gel, his Excellency the Belgian Minister and Madame Van de Weyer, his Excellency the Portuguese Minister and Ba roness Moncorvo, his Excellency M. Fortique, his Excellency the American Minister and Miss Everett, his Excellency the Brazilian Minister and Marchioness de Lisboa, his Excellency Baron de Cetto, his Excellency the Swedish Minister and Countess Bjornstjerna, his Excellency the Mexican Minister and Madame Murphy, his Excellency M. Moreno, Baron Koller, Baron Bjornstjerna, Count Jarnac, Count de Noailles, Baron de Tbile, Baron Brockdorff, Baron Scheppingk, M. Sartorius, Baron Brenner, M. de Berg, Baron Lionel Roths child, M. de Koudriaffsky, Marquis and Marchioness Ran celli, Count Rosen, M. Lomonossoff, &c. The subjoined is a list of the general company : Dukes—Richmond, Leeds, Roxburgh, Beaufort, Norfolk, Leinster, Buccleuch, Montrose. Duchesses—Sutherland, Beaufort, Roxburgh, Norfolk, Leinster, Buccleuch, Montrose. Marquises—Salisbury, Normanby, Kildare, Ailesbury, Camden,' Lorne, limey, Anglesey, Douro, Worcester, Head fort, Downshire, Winchester, Ormonde. Marchionesses—Ailesbury, Londonderry, Douro, Clanri carde, Wellesley, Downshire, Ormonde, Westmeath. Earls--Aylesford, Winchilsea, Dunmore, Aberdeen, Craven, Sefton, Wilton, Bruce, Rosebery, Clarendon, Morley, Lincoln, Cawdor, Howe, Malmesbury, Hillsborough, Haddington, De lawarr, Wicklow, Morton, Normanton, Altamont, Falmouth, Powis, Auckland, Mansfield, Dartmouth, Dalhousie, Bes borough, Devon, Eldon, Brownlow, Kinnoul, March. Countesses—Wilton, Jersey, Dunmore, Clanwilliam, Rose bery, Craven, Sefton, Clarendon, Verulam, Morley, Glengall, Hillsborough, Radnor, Tankerville, Malmesbury, Haddington, Delawarr, Wicklow, Morton, Euston, Powys, Minto, Dowager Mansfield, Ashburnbam, Dartmouth, Guilford,Eldon, Bridge water, Brownlow, Kinnoul, Grosvenor, Manvers, March. Viscounts—Strangford, Cranley, Sydney, Canning, Love son, Fielding, Folkestone, Loftus, Jocelyn, Lewisham ' North land, Palmerston, Clive, Barrington, St o pf or d, Alford, In gestre, Curzon, Combermere, Emlyn, Hawarden, Marsham. Viscountesses—Beresford, Adare, Folkestone, Jocelyn, Ashbrooke, Palmerston, Barrington, Forbes, Howick, Emlyn, Hawarden, Gage. Lords—Fitzroy Somerset, Cremorne, Claud Hamilton, Ed ward Howard, Brougham, Elphinstone, Harry Lennox, Sondes, Foley, Redesdale, De Ros, A. Lenn ox , H e ytesbury t G. Paget, Colchester, Manners, Aylmer, Colville, Prudhoe, Edwin Hill, Templemore, Feversham, Ernest Bruce, Dela mere, Thomas Cecil, Marcus Hill, Henniker, Monteagle. Ladies—Brougham, De Ros, Fitzroy Somerset, Sarah Ingestre, Cremorne, Aylmer, Wenlock, Sondes, Colchester, Dowager Manners, Prudhoe, Colville, Ernest Bruce, Granville Somerset, A. Grosvenor, John Somerset, Clemen tina Villiers, Elizabeth Palk, Lucy Vaughan, Georgina Curzon, Georgina Codrington, Caroline Lennox, Duff Gorden, Dowager Rendlesham, Adelaide Paget, Eleanor Ashburnham, Eleanor Balfour, Caroline Duncombe, Pierrepoint (2), Harriet and Kathleen Ponsonby, Caroline Townley, Charlotte Her bert Cust (2), Mary Howard, Mildred Hope, Harriet Clive, Elizabeth Leveson Gower, Anne and Louisa Primrose, Georgiana Kerr, Emily Marsham, Jane Fitzgerald, Charles Somerset, Templemore, Elizabeth De Burgh, Mary Hood, Feversham, Alexandrina Vane, Graham, Mary Fielding, Caroline Lascelles, Frances Hope, Louisa Cavendish, H. Douglas, Shelley, Pelly, Catherine Cavendish, Augusta Cotton, Caroline Murray, G. Seymour, Sarah Saville, Marianne Alford, Finch (2), Jane Grimston, Elliot (2), Ellen Douglas, Louisa Fitzroy, H. Howard, Mary Agar, Mary and Olivia Taylour, Augusta Somerset, Jemima Eliot, Fuller, Emily Hardinge, Caroline Wood, Dowager Clinton, Braybrook, Harriet Corry, Charlotte Egerton, Georgiana Bathurst, Dowager Floyd, Jane Charteris, Charlotte Fletcher, Wheatley, Freemantle, G. Egerton, Hunter, Dela mere, Isabella Blachford, Frances Cole, Domvile, Louisa Churchill, Sophia Cecil, H. Campbell, Cockerell, Mary Stanley, Isabella Hope, Farquhar, W. James, Ouseley, Mac donald, Willoughby Gordon, Elizabeth Steele, John Scott, Langford, Bowater, Campbell, Marcus Hill, Kirkland, B. Johnstone, James Stuart, Gore, Elizabeth Fielding, Elizabeth S. Stanhope, Ann Charteris, Alice Peel, Arabella Arden, Mary Ross, Maria West, Selina Kerr, Shaw Stuart, Henniker, Emily Drummond, Caroline Sandford, Harriet Paget, Rosa Greville, Read, Pakenham, Mary S. West, Ha milton, Monteagle. Lord Chief Baron Pollock. Hon. Messrs.—Somerset, 11. Cholmendeley, General Upton, G. Dawson, F. Leveson, Finch, Colonel R. Trevor, Jocelyn, Captain Maude, C. E. Law, C. C. Cavendish, S. Ponsonby, Cadogan, R. Curzon, F. Charteris, Colonel Fitzgibbon, A. Liddell, 11. Liddell, M. West, Spencer, 0. Duncombe, 11. Pierrepoint, Colonel Gordon, S. Lyttelton, S. Herbert, Gor den, Barrington, G. Cavendish, Captain Rous, R. Wellesley, S. Bourne, Addington, Chichester, R. H. Clive, C. S. Rice. Hon. Mesdames—Norton, Maude, Wyndham, Herbert, Montague, Dawson, Law, Vero Fane, Liddell, Rous. Hon. Misses—Smythe, Copley, Maynard (2), Duncombe (2), Hood (2), De Ros, Miller, F. Somerset (2), Mitford, Foley, Stuart, Thelluson (2), J. Somerset, Eliot, Hamilton, LaWley, A'Court, Barrington, Liddell, Neville, Flower, Gage. Sirs—F. Trench, G. Murray, J. C. Hobhouse, J. V. 13. Johnstone, H. Wheatley, E. Bowater, W. Gordon, H. Hardinge, W. James, W. Cotton, H. H. Campbell, J. Mac donald, J. Shelley, J. Kirkland, R. H. Inglis, H. Seymour, H. Douglas, A. Dalrymple, W. C. Codrington, P. G. Egerton, G. Clerk, C. Hunter, E. Codrington, W. INT. Wynn, C. Dom vile, C. R. Cockerell, F. Head, A. Barnard, J. Williams, J. R. Reid, Pelly, C. Dalbiac, G. Hamilton. Colonels—Bennett, T. Wood, Wood, North, B. Drummond, Montague, H. Baillie, Bouverie, Lascelles. Captains—F. Seymour, Wood, A'Court, Vivian, Meynell, Percival, Martyn. Messieurs—Tomline, M.P., Clark, Parnther, H. Baring, M.P., Verachoyle, V. Fane, Liddell, Graham, Peel, Brown • rigg, C. Fane, Bonham, Drummond, W. Egerton, Dundas Greville, Sandford, Mildmay, C. Drummond, G ren f e ll, L es lie, Cole, Kerrison, Bentinck, G. Repton, M.P., Boyce, F. Gre ville, E. Tennent, Bankes, M.P., Estcourt, M.P., Stanhope, Escott, A. Montgomery, Stanley, Greene, Ross, Newdegate, M.P., J. Townley, G. Hope, Talbot, Vaughan, Neville, M.P., A. Capel, Beauclerk, Herbert F. Dawson, Cavendish, Town ey, A. Hope, M.P., H. Twiss, Russell Ellice, H. Russell, Ccrnewall, T. Egerton, M.P., Cox. Me idames--Verschryle, Balfour, A. Capel, Beauclerk, Cun life, Mills, Dawson Darner, H. Twiss, Fellowes,tH. Russell, Cecil Fane, Russell Ellice, Drummond, Morier, Brownrigg, Boyce, H. Baillie, Wilbraham Egerton, Smith, Dundas, Mar tyn, Cox, Thesiger, Percy, Emerson Tennent, Bankes, Law• rence, H. Baring, Boyce, Lane Fox, Gurwood, Greene. Misses—Codrington (2), Mills (2), Clerk (2), Law (2), Rice Trevor (2), Fremantle (2), Hamilton, Meade, Fitzgib bon (2), S. Stewart, 'Johnstone, Kirkland, Paget (2), Las celles, Copley, Stan - hope, Balfour, Bowater, E. Balfour, Wheatley (2), Ross, West (2), Farquhar, Gore, Fielding, Ouseley, Campbell, Steele, Duff Gordon (2), A'Court, Har dinge (2), Beauclerk, Crewe, Darner, Drummond (2), S. Bourne, Seymour (2), Fellowes, Mactavish, Morler (2), Brownrigg, Dashwood, Tilney Long, Drummond, Wellesley, H. Baillie, Addington, Legh, W. Egerton, Blachford, Smith (2), Pierrepoint, Greville, Cox, Percy, Clive, Stanley, G. Sey mour, Domvile, Kerr, Cole, Escott, Montgomery, Gurwood, Estcourt, Greene, Pakenham. ATRANASIAN CREED.—Patson Paten was so averse to the Atbanasian Creed, that he never would read it. Archbishop Seeker having been informed of his recu saucy, sent the Archdeacon to know the reason :—" I do not believe it," said the priest. " But your metropo litan does," replied the Archdeacon. "It may be so," replied Mr. Paten, " and he can well afford it ; he be lieves at the rate of seven thousand pounds a year, and I only at fifty." ; WS Cliabannal eturniing te! lajesties Ty s d'APP9 II " ' he Minister, hancellor FrideP at ie birth . dal we re 'llPan' the )tion of 3linister 0! Marshal tbe agues , 1 Sebastitiol Sontalifet ount R t a i al ,l; inner,n 11001 C!_ ropose t h d e , E n g ill • i ed folloo r Lord, e ,,, ° , w e d re sta" — • Id the eliti,re,. befitting t" tbe ,ted i , [erneHis ell g e r :ill here, so bsert." oa Como ° • of o ' s ! is ne tr ic lo CO eir t he bee'. l ls 3 bOrg all e d adVa liC ly lai d be g ° amen , to h e t bella ari. A ke 0° D O I " u riou os ile,h A l l o rt• Secr e ' the try of 2 211 " n to t- e ie, irst st ru ,' - re st. .d to re"d o es ParJ e" f ere t he isited tube 1. 113 u T,s uidt e b :A i e v d - se ve't o rbs Ovof the th e Frei' s° le trisl 1/° th. June ;Tied• co g/ 00 oldw a4l3' f fafi a: 4 .4lk a l i t of pr•ue.l - ~ t THE SUN, LONDON, MONDAY EVENING, MAY 27, 1844. SPORTING INTELLIGENCE. THE DERBY. The perplexities of the betting world, induced by the postponement to an indefinite period of the " de ciding heat," between Orlando and Running Rein, have received an unwelcome addition in the death of Mr. Crockford, who had a large account on the race. His book was compared at the usual time by Mr. Edward Crockford, who, we are given to understand, has declared his intention to attend for the purpose of paying and receiving. Such, however, is the un settled and excitable state of the " ring," that al though several highly respectable and influential men have declared their willingness that be should do so, there are others who are strongly opposed to it ; and, worse than all, no one to decide which side is in the right. With regard to Tuesday we have nothing sa tisfactory to say. The question now under discussion is, whether there shall be a partial settling, or whe ther, under the circumstances, it would not he advis able to postpone it altogether until a jury shall have decided which of the two claimants is entitled to the :takes. Upon this point, as well as upon the knotty one raised upon Mr. Crockford's decease, we hope to Le able to speak more definitely in our report of Mon day's proceedings at the Subscription Room. In the meantime, so great is the reversion of opinion in re spect to the grand question, that instead of four and Lye and in , some instances ten to one on Running Rein, the odds are now six to five on Orlando. We 'liar that Colonel Peel has already 'commenced pro ccedings,'and that he has retained Mr. Martin. LEANDER AND HIS "JAW." In our report of the Epsom Races, and the inci dents that preceded and accompanied them, we noticed tl e protest against Leander on Monday, and the fatal termination of his career on Wednesday. We have now to record the denouement of one of the many episodes that will serve to make the Derby of 1844, the mist remarkable that has ever sullied the annals of the Turf. Leander was destroyed on the evening of his accident, and was buried the same night at Ash stead, and, but for a frolic, his remains might have reposed undisturbed, until every one, and everything connected with him had passed into oblivion. Nothing occured on Thursday to bring his name into notice; on Friday, however, Colonel Anson's filly won the Oaks, and the protest against Julia having become a subject of discussion, at a merry-making of Scott's friends at Leatherhead, in the evening, the conversa tion naturally turned upon Leander, and the wine, no doubt, having had its effects, it was determined, "by way of a frisk," to " have him up." Acting upon the impulse, the necessary implements were procured, the "whereabouts" discovered, and, in a brief space the grave of the unfortunate Leander was re-opened, when, lo! he was found to be minus the lower jaw. As this looked rather suspicious, the head was forth with cut off, and, on Saturday morning, sub mitted to Mr. Bartlett, the veterinary sur geon of Dorking, who, after examining the upper jaw, pronounced it to be the head of a four year old. This was droll enough, but the fun niest part of the story remains to be told—the ex humation got wind, and before the day was over Mr. Forth, the trainer of Mr. Litchwald's horses, had shown the missing jaw to Mr. Field of O x f o rd- s treet, and on his declaration that it had belonged to a four year old, had immediately proceeded to Burlington street, and deposited it with Messrs. Weatherby, as suring them that he had been grossly imposed upon by the Messrs. Litchwald, and that it was only the vicious temper of the horse that had prevented an earlier discovery of the fraud that had been practised upon him. Strange that so experienced a trainer, with the knowledge that for months past the age of the horse had been in question, should have been so slow in satisfying himself upon the point. Stranger still that this very horse should have received his death-blow from Running Rein, and stranger than all, that the Messrs. Litchwald should be non est inventus. (FROM A, CORRESPONDENT.) The settlement on the Derby is still a vexed question at the Corner. The state of facts we believe to be as follows :—That the Derby stakes are in the hands of Mr. Wetherby, as stakeholder ; that the owner of Run ning Rein and the owner of Orlando have both demanded them ; that, on their being refused to the latter, Mr. Wetherby was by him served with notice of action ; and that the stewards of the races of Epsom have refused to interfere. How, then, are the bets to be effected? The general rule is that bets follow the stakes. It seems to follow that while the stakes are in abeyance, the bets will be in abeyance also. But it is asked—why should not bets which affect neither the first nor second horse be settled? If any person backed the Ugly Buck or Ratan, by no possibility can he win the bet ; his bet will not be in any degree affected by the decision be tween Running Rein and Orlando—why should not he pay? Because, say those who deprecate a partial settle ment, the following is the state of the betting ring : About 100 person, bookmakers by profession, lay odds against as many horses as they can ; if one of them lays 30 to 1 against each of 40 horses, lie wins 39 of his bets and loses one, and gains on the balance a handsome professional remuneration. Many of these men are known to possess but a small capital, but are trusted on account of the care and caution with which they con duct their business. The public, to the amount of many thousand persons, are the backers of horses, and conse quently the takers of odds. If a partial settlement should take place to-morrow, each of these persons will receive 38 out of the 40 bets which they have laid, and will not pay on either of the remaining two. They will become the stakeholders of the whole money which the public has adventured on the Derby. This money they will hold during the whole time that the courts of law may take before they give a final decision on this case. In the interim they may die, or be subject to other casualties which are familiar to those who frequent the ring. As bets on the Derby and Oaks have always been settled together, and set off against each other, the above reasoning is felt to apply in some, though, of course, in a very minor, degree, to. a settlement on the Oaks. Considerable discussion has taken place with respect to the account of Mr. Crockford, who died on Thursday last. The general rule is that bets are not due till the regular settling day, and that they are avoided by the death of either party. There are, however, instances in which the account of a party deceased has been settled. The general rule appears the safer course. Every one a dmits that the representative of a deceased party cannot be called upon to settle, and it is obviously unfair to leave it at his option to come forward if the deceased were a winner, and to abstain if he were a loser. We understand that some gentlemen who take a leading part in these matters, will meet at Tattersall's to-morrow, and from them probably some recommendation may emanate respecting the settlement of accounts on the Derby and Oaks. We are in possession of several cir cumstances relative to the Running Rein affair, which we think it would be improper to make public as the case will be submitted to a legal tribunal. SIGHT AND HEARING—TESTIMONIAL. From T. J. Pettigrew, S urgeon , F.R.S. to Messrs. S. and B. Solomons, opticians, 39, Albemarle-street, Piccadilly,—Gentlemen, I have no hesitation in replying to your inquiry as to the results obtained by the use of your Improved Spectacles ; being in the constant habit of reading and writing for many hours together by lamp light, it is but justice to say that your newly invented Spectacle Lenses have afforded me the greatest comfort. When I employed the ordinary pebbles, I never failed to experience in the morning a great irritation in the eyes. Since I have used your admirable glasses I suffer from no inconvenience of the kind, and my vision is much im proved. I shall ever feel grateful to my good friend, Dr. Blundell for having drawn my attention to the sub ject.—Believe me to be yours, very respectfully. T. J. PETTIGREW, 8, Saville-row. Also, newly invented Acromatic Waistcoat-pocket Telescopes and Opera glasses of the same kind of Lenses.—Every kind of Te lescope of larger size and increasing powers for shooting, sea purposes, and upon stand for astronomical observa tions the powers are so great and the lenses so bright and brilliant that minute objects at an extraordinary dis tance is brought completely under the eyes. Sportsmen tourists, and sea-side visitors will indeed here have a great treat. Acoustic instruments of every description for deafness. Caution.—Messrs. S. & B. Solomons, opti cians and aurists, are not in any way connected with a rv ona peir e os t Ol i t m nie e since Mr. Bally, person of the same name in their immediate neighbour hood, nor in any part of the country. To prevent mis takes, BENEVOLENT cautious, eo. ztieTtT Piccadilly, R a E n i, s s e the Governor of the Shiffnal Union Workhouse, whose kindness in relieving poor travellers is well known, gene rously treated all the poor in the house, who were will ing, to see the American equestrians, at his own expense. The neatness of the paupers, who went to the circus in procession, was noticed by the whole spectators.— Wolverhampton Chronicle. There is an old prophecy, remembered by those who still believe in the powers of " grammery," to the effect—that " when a bull shall toll Lanercost bell, and a hare bring forth on Naworth's hearth -stone, Lanercost shall fall, and Naworth be burned down." A bull, they say, did toll the bell, and a hare has brought forth on Naworth hearth-stone: and the prophecy, they insist, has now been fulfilled—for Lanercost is a ruin, and Na worth Castle has been destroyed by fire.—Carlisle Journal. - - ----- RELATIONSHIPS EXTRAORDINARY.--AH Odd sort of relationship wax lately formed by a pair of nuptials ex traordinary in Camden. A widower, who was not very young, became smitten by a beautiful girl and married her. A short time after a son of this man, by a former wife, be cameyounger person,7but with the widow lady still in the blo motherm also o fofl i n tf eh the love, lie n o o f father's e w r ie new t d ha wife, a himself, and soon the yo u ng man and the widow were united in the bonds of matrimony ; so that, in consequence of these two connexions a father became the son-in-law of his own son, and the wife not only the daughter-in-law of her own son-in-law, but still more, the mother-in-law of her own mother, who is herself the daughter- in-law of her own daughter, while the husband of the latter is the father-in-law of his mother-in-law, and father-in-law ofhis own father. — Caledonian Mercury. THE REV. MR. WOLFF'S MISSION TO BOKHARA.— We have the gratification of announcing that intelligence has reached us by the way of Trebiz on d an d M a lt a , o f the safe arrival of this intrepid traveller at Meshed, from which place he was to have taken his departure on the 21st of March, under the escort to be furnished him by the Gover nor. The most perilous part of the journey, extending over a space of 300 miles, was yet before him; but he appeared fully confident that, under Divine Providence, he should suc ceed in accomplishing the same. No fresh intelligence had been collected touching the objects of his search, whose fate continued still a matter of mystery. The contradictions in the accounts lead rather to a hope that they will be found alive, though perhaps the captives of the despotic and tyran nical Ameer. • LiTERAT (ME. CONINGSBY. 3 Vols. CoMulnl London, 1844. Of all the works of fiction that Mr. D'lsraeli has yet produced—and he has for some years been a dili gent labourer in the fruitful fields of fancy— Coningsby is the one that does most credit to his head an.l heart. The egotism and assumption that, like flaws in a vein of marble, ran through his otherwise delightful "Young Duke"—the tone of flippant levity, caught from Lord Byron's " Don Juan,", that formed such a drawback to his brilliant " Vivian Grey"—the exaggerated sentiment and rhapsodical mysticism of his " Contarini Fleming," wherein he seemed constantly within reach of fine thoughts and as constantly missing them ;—all these defects, so dc. trimental to the effect of his earlier and cruder tales, have disappeared from the work before us ; which is manly, energetic, and healthy in feeling; sound— sometimes even original—in thought; bold in portrai ture ; sincere, eloquent, and lofty in its political ut terances ; and wholly free from anything like conven tional cant. Such a work, recommended by so many sterling qualities, was never more wanted than at the present time, if only to counteract that low, vulgar, flash spirit that has crept into our lighter lite rature—a spirit which loves to haunt the purlieus of Newgate and Field-lane, which manufactures heroes out of thieves and murderers, and apotheosizes upstart cockneys and vagabond adventurers as though they were so many demi-gods. If Coningsby do nothing more than "put out of Court"—to use a legal term —the prevalent taste for this depraved, unhealthy class of works, by imparting a loftier and more generous tone to fiction, it will have accomplished great good ; but its salutary effects, we hope, will not stop here ; it is a tale eminently suggestive, fur nishing the materials of thought even more than of entertainment, and tending to rouse a spirit of inquiry in the reader's mind, which can scarcely lead to other than beneficial results. If we except a few Quixotic speculations, savouring rather of the idealist tha n th e practical politician, there is not a single sentiment enunciated in Coningsby that is not based on truth. The author is no party man—he is not blinded by prejudice—he swears neither by Whig nor Tory—he is utterly indifferent to what may be thought of him in Downing-street—but in all his theories and sug gestions has a reverent regard to what he deems to be the best interests of .the community at large. Even those who may dissent from his tenets will not fail to admire the earnest and elevated spirit that characterises them—the eloquence with which they are expressed, and the sagacious reasoning with which they are enforced. Mr. D'lsraeli, we need scarcely inform our readers, is one of those ardent and sanguine politicians to whom their adversaries, by way of ridicule, ha ve given the nic-name of " Young England." The leading principle of these comprehensive reformers is, if we mistake them not, that of faith in the national character, and distrust of all sects and factions. Having closely watched the progress of events during the last twelveyears, they have discovered--and what thinking man can have failed to do otherwise ?—the utter hollowness and selfishness of party—its inability to conciliate the suffrages of the people—to unite them in the bonds of brotherhood—enlisttheir cordial sympathies—and win their unhesitating confidence. As yet " Young England" is but in embryo ; it has scarcely chipped the egg-shell ; but it gives promise of a lusty growth, and will, we suspect, live to see the downfall of the two feeble, antiquated sects of Whig and Tory, and raise its head triumphantly above the ruins. It is impossible, indeed, that things can continue much longer in their pre sent unhealthy and distracted state. True, we have a Government all but omnipotent in both ouses of Parliament ; but it is a Government that rules, not by public opinion, but in spite of it—that owes its strength to the jealousies of party, and the cold, con temptuous indifference of the people who, after many years of disappointment, seem to have lost all faith in their rulers, whether of Whig or Tory persuasion. A nation, slowly , indeed but surely advancing in intelli gence, and a Government which should originate im pulses and head movements, either standing stock-still or retrograding—a Crown, whose chief-distinction is a state-carriage and eight cream-coloured horses—an aristocracy, possessing a world of showy privilegesbut little substantial power—a vast commercial class, careless of everything but the pursuit of gain—a church cold, indifferent, selfish, and distracted with sectarian feuds—a peasantry, viewing in their superiors oppressors rather than guardians, but, concurrently with their operative brethren, fast awakening to a true sense of their situation such are the discordant elements of which England is now composed; and as if this state of things were not sufficiently injurious to her welfare, she has the additional humiliation of feeling that she is wholly at the mercy of a Conservative House of Commons' majority—a set of bastard Tories, devoid of principle, energy, genius, information, con sistency—who have neither faith in themselves nor their countrymen ; whose powers of vision are limited to their own petty interests ; who recant to-day the sacred pledge to humanity which they gave yester day ; who crouch, like beaten hounds, to the very man whom, of all others, they most fear and dis trust; who rely only on the Chapter of Accidents, and, in compliance with the will of their despotic Chief, take expediency as their sole rule of action Never was there an age of such dreary political mediocrity as the present. Our great statesmen have all passed from the stage of life, and have left no suc cessors. Lofty, comprehensive principles of action are out of fashion; sentiments that might touch the heart of a nation are heard no more in the Senate ; all is vapid, second-rate declamation, and peddling details of business, with which the vast mass of the people have no concern, and in which they take not the slightest interest. To foster the ge nerous and enlightened system of gpuroliwcyth—otfua substitutemo r things for words, truth for sophistry ;—such seems to us to be the leading obj ec t of " Young England;" and though this political confederacy is just now but li m it e d and compafatively uninfluential ; though it e sterling principles for shifting expediency, hope for despondency , action f or lethargy , ma y be said to be groping its way in the dark, doubt ful at present of its course, with views not yet suffi ciently.defined, and with perhaps a little too much of the Quixotte in its character ; yet it will most as suredly make its way to the heart of the community, slowly, indeed, but surely, for it is opposed to every thing that is mean, and factious, and selfish in policy, and appeals unhesitatingly to the liberal sympathies of its countrymen, as the illustrious Chatham did— and successfully, too—when he found himself fettered by the ill-concealed dislike of the Court, and the open hostility of the aristocracy. But to come back to Coningsby, of which we have too long lost sight. The hero is the grandson of the shrewd, wealthy, profligate Marquis of Monmouth, who had disinherited his father for presuming to marry against his will. Pleased, however, with the spirit and intelligence of the young Coningsby, he adopts, and sends him to Eton, and then to Cam bridge, with the intention of fitting him for public life in the House of Commons, and at his death, of leaving him the bulk of his unentailed property. But all these views are thwarted by the independent spirit of the young man, who, on the Marquis proposing to him to stand for his own borough of Darlford, de clines, on the plea that he cannot approve the party. principles which he is called on to support. From that moment his grandfather's favour is withdrawn from him, and on his demise, which takes place shortly afterwards, Coningsby finds himself left with nothing but the interest of ten thousand pounds, the bulk of the Marquis's immense estates having been bequeathed to Flora Villebreque, his natural daughter by a French actress. Under these untoward circumstances, our hero resolves to bid adieu to gay life, and to apply himself diligently to the profession of the law ; but before he has time fully to mature his plans, the young heiress Flora dies, and having long loved him, though in secret — for he was almost the only one who had ever shown her kindness in the days of his prosperity-- she leaves him her entire fortune. Thus suddenly restored to affluence, Coningsby enters Parliament under the auspices of a wealthy and intelligent mill owner, by name Millbanke, whose daughter Edith he marries ; and at this interesting crisis of his destiny our author takes leave of him, previously, however, assuring his readers that the young statesman—in conjunction with some friends of his youth—will be an ardent supporter of the views and principles of " Young England." From this brief summary, it will be seen that there is not much novelty in the plot of Coningsby ; nevertheless, it is skilfully con structed ; events, too, follow on events in rapid but natural sequence ; and the story never halts for an instant. The dialogue throughout is remarkable for point and brilliancy, and reflections are now and then thrown out—apparently without the slightest effort— which will surprise and delight the reader, not less by their depth than their sublety. Mr. D'lsraeli ex cels in the descriptive, but we could have wished that he had been somewhat less gorgeous in his sketches of patrician character, tastes, and luxury, which are far too highly coloured, and are rather more Oriental than English in their tone. Of the personages of his story, the best—because an evident transcript from real life—is the portrait of the shrewd, bustling, but not very scrupulous Tory hack, Rigby—an obscure Irish adventurer, who has contrived to wrig gle himself into the Privy Council, and attach " Right Honourable" to his name, by dint of his intrepid im pudence, his cringing submission to his aristocratic masters, his tact as a party speaker in the House, and his " slashing articles" in a certain Tory Quarterly periodical. Of the character of Sidonia, which is evidently a favourite with the author, and on which he has bestowed great pains, we may observe that it is a creation of the fancy rather than a sketch from actual life ; it is, in fact, a magnificent idealism, which none but a poet could have conceived, and which those readers only who are endued with a lively imagination will be able fully to appreciate. We close our notice of this remarkable tale with a full length portrait of the Right Honourable, Nicholas Rigby " Mr. Rigbv was a Member for one of Lord Monmouth's boroughs. Ile was the manager of Lord Monmouth's par liamentary influence, and the auditor of his vast estates. He was more ; he was Lord Monmouth's companion when in England, his correspondent when abroad—hardly his coun sellor, for Lord Monmouth never required advice ; but Mr. Rigby could instruct him in matters of detail, which Mr. Rigby made amusing. Rigby was not a professional man ; indeed his origin, education, early pursuits, and studies, were equally obscure ; but he had contrived in good time to squeeze himself into Parliament, by means which no one could ever comprehend, and then set up to be a perfect man of business. The world took him at his word, for he was bold, acute, and voluble ; with no thought, but a good deal of desultory information ; and though destitute of all ima gination and noble sentiment, was blessed with a vigorous, mendacious fancy, fruitful in small expedients, and never happier than when devising shifts for great men's scrapes. They say that all of us have one chance in this life, and so it was with Rigby. After a struggle of many years, after a long series of the usual alternatives of small successes and small failures, after a few cleverish speeches and a good many cleverish pamphlets, with a considerable reputation, indeed, for pasquinades, most of which lie never wrote, and articles in reviews to which it was whispered he had contributed, Rigby, who had already intrigued himself into a subordinate office, met with Lord Monmouth. lie was just the animal that ford Mon mouth wanted, for Lord Monmouth always looked upon human nature with the callous eye of ajockey. He surveyed Rigby, and he determined to buy him. lie bought him ; with his clear head, his indefatigable industry, his audacious tongue, and his ready and unscrupulous pen ; with all his dates, all his lampoons; all his private memoirs, and all his political intrigues. It was a good purchase. Rigby became a great personage, and Lord Monmouth's man. "Mr. Rigby had a classical retreat, which he esteemed a Tusculum. There, surrounded by his busts and books, he wrote his lampoons and articles ; massacred a she liberal—it was thought that no one could lash a woman like Ribgy— , cut up a rising genius whose politics were different from his own, or sacrificed some unhappy wretch who had brought his claims before Parliament, proving by garbled extracts from official correspondence that no one could refer to, that the malcontent, instead of being a victim, was, on the con trary, a defaulter. Tadpole and Taper would back Rigby for a ' slashing reply' against the field. Here too, at the end of a busy week, he found it occasionally convenient to entertain a clever friend or too of equivocal reputation, with whom he had become acquainted in former days of equal brotherhood. No one was more faithful to his early friends than Mr. Rigby, particularly if they could write a squib. It was in this refined retirement that Mr. Rigby found time enough, snatched from the toils of official life and parliamentary struggles, to compose a letter on the study of History, ad dressed to Coningsby. The style was as much like that of Lord Bolingbroke as if it had been written by the authors of the " Rejected Addresses," and it began, " My dear young friend." This polished composition, so f u ll of good feeling and comprehensive views, and all in the best taste, was not published. It was only privately printed, and a few thou sand copies were distributed amongst select personages as an especial favour and mark of high consideration. Each copy given away seemed to Rigby like a certificate of character, a property which, like all men of dubious repute, he tho roughly appreciated. Rigby intrigued very much that the head master of Eton should adopt his discourse as a class book. For this purpose he dined with the Doctor ; told him several anecdotes of the King, which intimated personal influence at Windsor; but the head-master was immovable; and so Mr. Rigby was obliged to be coatent by his Letter on History being canonized as a classic in the Preparatory Semi nary, where the individual to whom it was addressed was a scholar. " Rigbv's slashing articles' were things which, had they appeared as anonymous pamphlets, would have obtained the contemptuous reception which, in an intellectual view, no compositions more surely deserved; but, whispered as the productions of one behind the scenes, and appearing . in the pages of a party review, they were passed off as genuine coin, and took in great numbers of the lieges, especially in the country. They were written in a style apparently modelled on the briefs of those sharp attorneys who weary advocates with their clever common-place, teasing with ob vious comment and torturing with inevitable inference. The affectation of order in the statement of facts had all the lucid method of an adroit pettifogger. They dealt much in ex tracts from newspapers, quotations from the Annual Register, parallel passages in forgotten speeches, arranged with a for midable array of dates rarely accurate. 'When the writer was of opinion he had made a point, you may be sure the hit was in italics, that last resource of the Forcible Feebles. He handled a particular in chronology as if he were proving an alibi at the Criminal .Court. The censure was coarse, without being strong ; and vindictive when it would have been sarcastic. Now and then there was a passage which aimed at a higher flight, and nothing can be conceived more unlike genuine feeling, or more oflensive to pu re t as t e. A nd yet perhaps the most ludicrous characteristic of these factious gallimaufreys was an occasional assumption of the high moral and admonitory tone which, when we recurred to the gene ral spirit of the discourse and were apt to recal the character of its writer, irresistibly reminded one of Mrs. Colo and her prayer-book." COURT CIRCULAR. The band of the Coldstream Guards attended at Clare mont during dinner on Friday (her Majesty's birthday) and performed the following pieces : Grand March, dedicated to his Royal High ness Prince Albert Kohl. Fantasia, selected from the Bohemian Girl Balfe. The Chatsworth Quadrille Selection from the ballet Alma Costa. The Polka Dance Dalkeith Waltz Labitzky. Serenade, "Come Gentel" Donizetti The Earl of Liverpool, the Earl Delawarr, the Earl of Jersey, Sir Henry Wheatley, Col. Berkeley Drummond, and Captain Francis Seymour took their departure from Claremont on Friday night, after dining with her Ma jesty and Prince Albert. On Saturday morning the Queen and Prince Albert took their accustomed walk in Claremont Park. In the afternoon her Majesty and his Royal Highness drove out in an open pony carriage. Their Royal Highnesses the Prince of Wales, the Princess Royal, and the Princess Alice were taken their usual airings on Saturday in the gardens and park of Claremont. Lady Caroline Cocks and the Hon. Miss Frances De vereux, the Maids of Honour in Waiting to the Queen, left Claremont on Saturday. Yesterday the Queen and Prince Albert, the Ladies and Gentlemen of the Royal suite and the Household, attended Divine service at Claremont. The Hon. and Rev. C. Leslie Courtenay officiated. Her Majesty the Queen Dowager attended Divine service yesterday in the Chapel Royal, St. 'James's. The sermon was preached by the Bishop of London, who took his text from Ephesians, chap. iv., verse 30. The Prayers were read by the sub-Dean; the Lessons by the Rev. Messrs. Barham and Packman; and the Communion Service by the Bishop of London. The Musical Service was King's in C, the Sanctus in C Ring. The Anthem was, " Let God arise" (Greene). The Bishop of Norwich, and the Dean of Hereford, the Clerk and Deputy-Clerk of the Closet, were in waiting. Her Majesty was attended by the Cou n t ess o f She ffi eld, the Hon. Charlotte Hudson, and Earl Howe. Among the Nobility present were the Dukes of Beaufort and Leeds; Marquises of Northampton, Normanby, and Winchester; Lords Harrowby, Cawdor, Cathcart, Shef field, Wilton, Vivian, Hawarden, Ebrington, J. O'Bryen, Ernest Bruce, Alford, Leveson, and Ingestre; Ladies Westmeath, Wilton, and C. Sanford. The Bishop of London, assisted by the Rev. Dr. Sleath and the Rev. Mr. Barham, afterwards adminis tered the sacrament. The Duke of Rutland attended the early service in the Chapel Royal St. James's yesterday. The sermon was preached by the Rev. Dr. Wesley. Their Royal Highnesses the Duke and Duchess of Cambridge attended Divine service yesterday morning in Grosvenor Chapel, South Audley-street. Baroness Ahlefeldt and Baron Knesebeck were in waiting on their Royal Highnesses. The Duke of Cambridge at tended Divine service in the afternoon in Grosvenor Chapel. Her Royal Highness the Duchess of Gloucester visited her Majesty the Queen Dowager on Saturday at Marl borough House. Her Royal Highness the Duchess or Cambridge, accompanied by the Princess Mary, also visited her Majesty on Saturday. The Duke and Duchess of Cambridge visited the Duchess of Gloucester yesterday, at Gloucester House. Their Royal Highnesses honoured the Italian Opera with their presence on Saturday evening. A deputation, consisting of Sir David H. Blair, Bart. ; Sir T. B. Hepburn, Bart, M.P. ; Sir Robert Houstoun, K.C.B. ; Mr. Archibald Smith ; Mr. Smollett, M.P. ; Mr. Baird, M.P. ; Mr. M‘Gregor ; Mr. Burnley ; Mr. A. Oswald, M.P. ; Mr. Maxwell Alexander ; Mr. Mungo Campbell ; Mr. Lockhart, M.P. ; and Mr. Forbes, M.P., had an interview with Sir Robert Peel on Friday, at his official residence in Downing -street. Lieutenant-General Sir Robert Arbuthnot had an in terview with Lord Stanley at the Colonial-office on Saturday. A meeting of the Commissioners for the government of Pentonville Prison was held at the Council-office on Saturday. The Commissioners present were, the Duke of Richmond, the Earl of Chichester, the Speaker of the House of Commons, Major Jebb, Mr. Crawford, and Mr. Russell. Sir Robert Peel left town on Saturday morning, for his seat, Drayton Manor, Staffordshire. A deputation respecting flint glass, consisting of Messrs. Grayebrook, Bacchus, Summerfield, Guest, and Chistey, had an interview with the Chancellor of the his official residence, in Exchequer on Saturday at Downing-street. Mr. John Wood, Chairman of the Excise, was also present at the interview. Sir Henry Ha rdier) and Mr. Hawes, M.P., had inter views with Lord Stanley on Saturday at the Colonial office. The Afarchioness of Bristol, we regret to state, expired on Saturday morning at Brighton. The West India interest in Liverpool are exces sively discontented with the Government plan for the reduction of the Sugar Duties. They say that a differ ence of los. between the duty on Colonial and Foreign Sugar (245. and 345. per Cwt. respectively) is nct enough—that it is 2s. per cwt. less than that offered by the Whig!, who proposed 245. for Colonial, and 365. for Foreign—and that it will admit a very great quantity of free-labour sugar from the markets of Europe, the place of which will be supplied by the slave-labour sugar of Brazil ! Certainly, their quarrel with Sir Robert is " a very pretty quarrel ;" Lord Ilarewood and the London West Indians:share in the feeling of the " Dicky- Sams;" and the latter threaten loudly that they will turn Radicals ! This augurs indifferently for Mr. Entwisle. Division is the worst enemy o any party.—Leeds Mercury. The Reformers of St. Martin's-in-the-Fields will dine together on Tuesday, the 28th, at Roberts's, Artichoke Tavern, Blackwall, to celebrate the opening of the select vestry and the triumph of Reform principles in the parish. ra J. T. Leader, Esq., M.P., will preside, supported by Gene 1 Evans and a host of Reformers of this important parish. The interment of the late Sir John and the Lady Elizabeth Lowther took place at Swillington, in Yorkshire, •on Saturday last. The mournful solemnity was attended by a vast assemblage of the Nobility and Gentry of the sur rounding neighbourhood, and by large bodies of the tenantry of the late Baronet. S _ _ • 2 i _ ENCOURAGEMENT TO 460.11 j. .-9 A man of the name of Walker wro 1, : ------ le`ter to Mr. Charles Dickens, who was tr.l9pli L Ai4 by the account of his distress as to send him a sove reign and a suit of clothes. Another application soots followed, which succeeded likewise to the extent of 2/. 12s. This was followed by a third, to the effect that, having done so much, Mr. Dickens must do more, and a water-butt was wanted. Mr. Dickens was unmoved by the want of the water-butt. Mrs. Walker was then taken desperately ill, and succour was wanted for a dying wife. This did not do. Nothing could be made of the dying wife. What, then, was the next expedient ? Why, if nothing could be made of a dying wife, making her well again would not make a better case ; but killing her outright might perhaps do better, so this was tried 5, Mitre-street, Webber-street, Lambeth, Friday, May 17. " Sir,—My poor wife is dead. God rest her soul. She is now in heaven, I trust, for she was a good mother and aszood wife. In few words, can you spare a few crumbs that fall from your table for my children ? I shall be grateful.—Yours in the lowest depth of misery, " To C. Dickens, Esq. " JOHN WALKER." Mr Dickens, having made inquiries, found that the woman was alive, and upon this proof of fraud, placed the affair in the hands of the chief clerk of the Men dicity Society, who brought the case before Mr. Raw linson at the Marylebone Police-office. Mr. Sturgeon, the officer of the Mendicity Society stated— " Ile went to 5, Mitre-street. The prisoner led him into a back kitchen, and said he was in very great distress, so much so as to be totally unable to procure even a scanty meal. Witness told him he thought it was a pity that his wife did'nt take in needlework to help to support her family, when he said she had been ill, but was now much better, and that she would soon get into employ. Upon the prisoner's admission that his wife was living, he (pri soner) was given into custody, and after he was locked up witness went back to the house, where he saw the wife and her four children, who were evidenly in very great distress; and he gave the poor woman a trifle from his own pocket, and afterwards went to the station-house, and afforded relief to the prisoner ; he had previously scertained that the wife had really been very " Mr. Rawlinson (to Mr. Knyvett)—The prisoner has no doubt clone wrong, but here is a case of great dis tress, and that distress is proved out of the mouth of your own officer; after that, do you really wish me to commit this man? " Mr. Knyvett—No, Sir, I do not. " Mr. Rawlinson (to the prisoner)—What have you to say? Prisoner (after some hesitation, and in a faint tone of voice)—l wrote that last letter at the eleventh hour, when we were so badly off that I knew not what to do. I am sorry I overstepped the truth in saying that my wife was dead, but my motive was good, as we had not a bit of bread to eat. I have been a clerk and ac countant, and from the period of my losing my last situation, I have not been able to support myself or my family. " Mr. Rawlinson—You are evidently a man of good education; but it cannot be denied, and even you admit it yourself, that you have put forth a falshood in your last letter to Mr. Dickens. Under all the circumstances you are discharged, and I am very sorry you have been drought here. "The poor man burst into tears, and before he quitted the Court several persons relieved him, for which he was truly grateful. Here is fraud rewarded. As for Mr. Dickens, he is, after all his bounty, by implication, treated as a very hard-hearted man, for having thought the false • pretences deserving of punishment. According to Mr. Rawlinson, all latitude of false hood is to be permitted to persons who have no other means of subsistence than the false pretences. It was this man's trade to live on the representation of dis tresses, and when he exhausted benevolence, or failed in a falsehood, he was, of course, as destitute as he had described himself; and then Mr. Rawlinson is only sorry to see him at the bar of justice,—he was perhaps more sorry still that Mr. Dickens had not been his dupe. If a famishing creature begs in the street, the magistrate enforces the law against him, and the truth of his tale of misery is no excuse. If another drives a trade in begging letters, and re sorts to false pretences, the truth that he is in want is accepted as discharging him from justice, and as a complete set-off for the fraud by w hich he has at tempted to obtain charity. Why every trading mendicant, when his craft fails him, must be in want. To grant to the mendicant impunity for his fraud, because of his distress upon the failure of his tricks, is only tantamount to annulling the law making such a mode of livelihood penal. The conduct of the officer of the Mendicity Society in relieving the man after he had detected his fraud, may appear odd, but it is quite consistent with all their proceedings. We have more than once explained that the pro tection of impostors against interlopers whose ap peals to charity are void of fraud, is the effect of the labours of the Mendicity Society, whatever may be the object of its supporters. Indeed, it would more aptly bear the title of the Mendacity Society, seeing how favourably it works for falsehood in all its guises of imposture. If a poor famishing wretch begs for bread, the officers of the Mendicity Society pounce upon him and punish him; but with the veteran cheats, and gangs of cheats, the psalm-singing sailors in white trowsers, who never were at sea,—the distressed families, the fathers of which, " though unaccus tomed to sue for charity," have for years past made long theatrical operations in sonorous voices—the women with three or four children lying in their laps, who never get any older, thanks to the succes sion crops,—these nuisances are never meddled with, and the whole labour of the Mendicity's servants seems to be to guard them against the competition of any real objects of charity not regularly of the trade. Consistently with this system, the moment the clerk of the Mendicity Society found that the man Walker resorted to fraud to swindle the charities, he saw in him an object for the Society's succour and encouragement. The man is no doubt now set up, thoroughly esta blished, and protected as one of the regular pyfes. sional impostors.—Examiner. A NEW EPIDEMY.—ROME , MAY s.—We are daily apprehensive hero of the breaking out of an epidemy which, during several weeks past, has spread terror over a portion of the states of the Church. Its ravages are not confined to the valleys and other low parts of the country; on the contrary, it rages more especially among the in habitants of mountainous districts. In the little town of Tivoli, containing about 9,000 inhabitants, 90 persons died in the space of a week. The malady is generally supposed to be contagious, but of this fact there is no positive proof. In every case in which a post mortem examination has taken place there has been found congestion of the brain, as prior to, and in, apoplexy. It appears to be the same complaint which has recently prevailed in Naples and Sicily under the name of torcicollo. It is clearly traceable to atmospheric causes. After an exceedingly warm April, we have had since the Ist of May several of the coldest days that have been experienced since the commencement of the year. The temperature frequently varies 20 degrees during the day. Winter cloaks, after having been laid aside, are now resumed again. The torcicollo is usually fatal in the space of 12 hours. In Rome, however, it has been only sporadic, and without any confirmed character.—Frankfort Zeitung. WANT OF PUBLIC WALKS IN MINCIIESTER..--Thill great city of 300,000 souls—of incomparable importance —of untold wealth—does not boast of a single yard of park ground upon which the foot of the poor may, of right, be planted—does not possess a single tree or bush, set apart to refresh the gaze, and revive the heart, of the weary prisoner of the town ! Hardly a village on the continent is destitute of a piece of ground, bordered by avenues of stately trees, adorned with flower beds, and abounding with shady resting places—the pro perty of the community. Here, on fine summer even. ings, the whole population—the rich and the poor—the master and the workman, each attended by his family —the grey-headed grandfather and the prattling child, may be seen in delightful company ; a pleasant contrast to the opposite want of sociality and common sense at home ! In France, these public resorts have greatly im•• proved the dress and demeanour of the poorer classes, and have led to the extension, to the very lowest grades of society, of that admirable politeness, peculiarly French. Rouen, the Manchester of France, is, in spring and summer, green with foliage; trees line its streets, and shade its courts ; and its principal thoroughfare possesses two rows of noble elms, limes, and chesnuts, worthy of the royal parks. With us this shade and verdure are forbidden by the smoke; but surely we can plant and water beyond the influence of tall chimneys.-+ A Plea for Public Walks, &c. VESSELS SPOKEN WlTH.—Grainger, Newcastle to Malta, 26th ult., in the Gut of Gibraltar ; Liverpool to Leghorn, 27th ult., lat. 37, lon. 8 ; Demo• trius, Liverpool to Constantinople, 30th ult., off Lisbon, by the Anne, Seeger, arrived at Falmouth. Mary Muir, Feb. 28, off Ensenada ; Semnos, Valparaiso to London, 11th ult., by the Hilbert, Bruce, arrived at Cork. Emu. China to London, March 28, lat. 12 S., lon. 11 W. a Camillus, Bombay to Liverpool, sth ult., lat. I, lon. 2 W.l Palatine, Batavia to London, 19th ult., lat. 18 N., len. 37 VT., by the Matilda, arrived at Liverpool. Isabelle Margaret, of and from Bristol, 4th inst., lat. 46, lon. kb, by the Margaret Littlejohn, Watt, arrived in the Clyde. Vicar of Bray, London to Peru, Ist ult., lat. 1 N., lon. 22 W.,iby the Matilda, arrived at Liverpool. PRUDENT PRECAUTION.—The proprietor of the Surrey Zoological Gardens has communicated to Mr. Braidwood, superintendent of the fire brigade, the az. pearance likely to be produced by the forthcoming exhi• bition of the Fire of London, that he may not (by suppos: ing it a real conflagration) unnecessarily direct his atten• tion to it. It has been arranged that a rocket shall be discharged to point out the exact spot and time, that the men on duty, at the different bridges, may not be de. ceived. ROYAL ACADEMY FANCY DRESS BALL.--SatUrda, afternoon there was a meeting of the Lady Patronesses, at the Hanover- square Rooms, in consequence of the great de. mand for vouchers; and it . appeared that the second isme was disposed of. We believe that Lady Jersey alone had issued upwards of two hundred. We understand that any vouchers issued after this day are to be charged double. 14 addition to Lady Jersey's splendid quadrille of forty, other 4 have been formed under the direction efLady C. Egerton, &c.. The Marchioness of Bristol, we regret to state, ex• pired on Saturday morning, at Brighton. Her Ladyship was the sister of the present Viscount Templetown, and was mar. ried to the Marquis of Bristol, in February, 1798. Sir Andrew Leith Hay, has paired off with Broadwood until the 25th Jane. 1