The Sun. — London, England, 1844-08-06 00:00:00

once of the in relation are of the he present dnd which 'dons than ing should mbrage to Lordships' ;o say that shrfients in economy h matters. sts of this be desir ich it had was often .ast likely. t such was ces of the confidence from that bloodiest Other in ; and be ,t such at rt. There nsiderable o friendly questions t English ?tiding on ossible to of ap zhout the ire some eeknot:i..lll:oer.tsmouth andllymTutl7. He thought be had said ported the child . it was . all right, but they had no , tf u 3sli to prove that they were not careless of the safety' power of compelling him to do so as the law now . stood. ..c_ountry. The Noble Lord . had thought proper to . One of the great objects of the Bill was to give to a o ta Cut on the de;icate subject of tile recent events at woman a summary b . means of obtaining redress from the p re , "Ite• He had stated that the French established a father of her child.- Another part of the Bill related to p rat there in 1842, 'and he blamed the Govern- 1 apprentices, and provisions in that respect had been in it. or nut having had a sufficient force there to prevent troduced for the purpose of placing the system upon a the But respect to thegiving re nothing had occurred there previously to call better foundation. Then, with . wi t att ention of the G overnm ent to that is!and, and lief uncle'? the Bill, he thought it was a great mistake to en it the was directed to it, it must be remembered that say that no able-bodied person should receive relief out distancekarl to that part of the world was enormous, of the workhouse. There was another clause in the Bill u tile Y half the globe. There was not a force there at by which the widow of a pauper could . receive . relief Iv . but the Talbot arrived there shortly afterwards, from a parish in which she was residing without going . oil reraained till February, 1843. The Vindictive back to the parish in which . she had hitherto resided. Atiste When the Talbot left, and remained there till , Toe next point was the appointment of district auditors, b a i;, l ! st ; and when she left, on the 6th of August, the , in which respect the Bill was a great improvement on j e ifull took her place, and remained till January, 1844. ; the old law. Under the old system, by the defalcation ii m , ac t , Otaheite had never been without a British pen- of overseers, both the parishes and the poor were often had , to l eek after British interests. 'I he Noble Lord robbed. The auditing of the accounts by one person, tei le said, if the Vindictive had been there, the occur- with regularity and certainty, would be the saving of a th er e would not have happened. But the Dublin was considerable sum of money. Formerly, there was an hi: e w hen Admiral Dupetit Thouars did that act which auditor to every union ; but the present Bill provided afil::p vere ign had since disavowed; and when the acts of that one auditor might superintend the accounts of a 8 0 , e i! were. such as to be disavowed by their district consisting of several unions. The nest object el "gn, he thought it was with these last that this w.,s the establishment of district schools, on the same • lintr y , 14th e f (ignt to treat, rather than risk a collision plan as that at Norwood, the effects of which had been cip;,. Individual cases which would involve the whole highly beneficial, and district asylums provided . for .c e d t hins. world in war. Captain Tuckett protested furnishing a' refuge to those who were found totally p ew ' anY step th a t w a s taken, but he acted with the destitute. Then came clauses stating the duties th e ris ,s.t discretion, and did nothing that would involve of existing .. boards ; and the powers given to them. Viedicaof hostilities ; and be did not believe that if the The . last provision to which ke had to call their atten would eve h a d b een there the outrage on Mr. Pritchard bon was that which gave the power _of separating tlb,„" have been prevented. Their force was stationed parishes from unions. , When the poor-taw . was first ~e ~., wi t h iy watch over British interests, but not to interfere passed, he thought there was a mistake made in forming pert r eign Powers. He maintained that they had them to large.—(Hear,hear a .) But by this provision ew er Ted that duty, and that those interests had not this defect could be remedied , the without the consent of % li e ' except in the case of that violent outrage, of the guardians. These were tieprincipal objects of the the poor - law was a great y ' considering all the circumstances, he would not present Bill. He knew . that 11,.... Earl.il a Ford . the Noble ord.vituperation with many persons in the country. He concluded by resisting the motion of object of But he could not help thinking that those who so treated ti oeit :,_-uuke of WELLINGTON—The Noble Earl op- it, must . forget the evils of the old law. He could not ye a ,; has alluded to some observations made by me two help thinking, too, that they estimated too lightly the s ait ,2p respecting the state of the navy, and lam now difficulties of dealing with the subject altogether. The ti k - ru r . to trouble you with a few remarks just to show supporter s of the p oor-law were accused of g reat inhu • time w erence between the state of things at the present manit y . Now he had had some ex p erience of the workin g tei,,,,,a 1 : 1 at the period at which I made those obser - o f the two systems, and he had no hesitation in saying, that is •". At that time this country was engaged under the present system the poor were infinitely better Ci ii „ a State of warfare in North America, in off than before.—(Hear, hear.) It had been stated,that tle„A in the Persian Gulf, and in India. Al- in consequence of the medical attendants being under lee g u not then in the active service of the Govern- paid, they neglected the poor ; there might be cases of etaot i s was frequently in communication with Lord Hill, this neglect, but generally the poor were better attended t h is ever failed whenever he asked my opinion to freely to than before. Under the old system, they scarcely %s ki e With him concernin wo r ld state of our fleets and had any medical attendance at all. They would also te t h e4 in all parts of the . The Noble Lord had remember, that when a poor man applied for relief, 14,,e misquoted what I said on a former occasion. there was a kind of dispute or controversy between him ai, e I complained of was, that being engaged in exten- and the overseer, whether he should be relieved or not. etirri:T rs in three parts of the globe, those wars were But now, every one who was entitled to relief received Ilies °i l with a peace establishment, and the conse- it with the greatest regularity ; nor was there any 4 , ee e ~,, ~ as that the whole peace service was starved. I indisposition to deny relief to the aged. There was ...j a :ot go into details of the number of men and ships no disposition to drive the poor into the workhouse. I°naval details lam not competent to enter; but, A great deal had been said about the separation of man rated4ords, ere know• very well the amount of estimates and wife, but this existed in all well-regulated work s wand - - 1 - 4 ! h the number of men, and the whole naval strength houses under the old poor-law. Generally speaking, as bate tue number of men for whom naval supplies far as respects the old and married, the former were t hialt l ea voted in this Parliament be considered, I better off , the latter as well off, as before. A great deal lo l it will be found equal to what it was had been urged agains t the Commissioners of the Poor not- it m uch more warlike period—equal to law, but he felt convinced that that board was the ofd 1 R 7,, Was in the years 1837, 1838, 1839, greatest security the poor could have, that they would I, ape tet ' - iu, duriug which time we carried on great be treated in a proper manner. When it was attempted 4- f etal `„ c)t g i i n America, in China, in India, and in the to cry down a particular law, and when that law did I .4 rnai a i l ;' - i a lf• Ample means everywhere exist for per- not deserve these taunts, it was the duty of any honest her . 1' ; those services which ought to be performed by man to state his convictions regarding it, and elej,,,:J e stY's navy, and for affording protection to her support it if he believed it to be just.— eeoe ert ra s ubjects wherever commerce, or their other (Hear, hear.) Although there were cases of k teaC s ' may carry them. I will not allude to the hardship occurring from time to time, he would like to (I..a4eeentricities in a. distant_ part of the world— know what other law could be devised which would an ,.._ltaie's, te , v) —carried on under circumstances protested swer the same purpose. He hoped their Lordships would me ,•,.` I ,Y this country and disavowed by the Govern- excuse him for going into the subject at such length, I keea t - ,' - el'. ance. Those who have been engaged in these but, from the frequent attempts which had been made to tei zn 'ieities will be responsible for them to their Sove- cry down the law he thought it right thus far to intrude 4 tpo tu l, ll ,e,Y will:be held answerable to the extent of their on their Lordships. ,',11(1, 6 .-"sty, and which will be carried into execution, The Duke of RICHMOND said there was not a word 'tee -Y w ilt be required to answer for their conduct in of truth in any of the statements which had been made e kpr et eee entricities. Your Lordships surely would not in the newspapers regarding the union of which lie was ha l . L t o o see a fleet m a i n tained in the Pacific, nor would chairman. With respect to the law of bastardy he I l letle e rdships, la m sure, consider it prudent to corn- would not vote against the amendment introduced in the beer a contest under such circumstances.—(Hear, Government Bill, as bastardy was so much on the in fleet) It is impossible for ,me to say that the crease in the manufacturing districts. With respect to then lit the Pacific was sufficient, at the time the relief of widows that was a very delicate subject to but 1 ev ents occurred, to enter into hostilities ; legislate upon ; they shou l d be c aref u l not to g ive out- N I to will venture to say it was sufficient door relief to widows who were earning much money, or vfli etk " Purposes of service. Ido not pretend to say were leading an immoral life. He thought it was right ~t it tlf, e , r Mr- Pritch ar d wa s or was not Consul at the that the unions should be diminished in extent , as they Peti4 .,-c r whethe r h e mer it e d or did not merit what hap- were at present productive of great inconvenience. e n thi to him —these are questions I will not enter into There was a feeling in the country that when the As kNt 3 °ecasion. My Noble Friend has stated that a sistant Poor-law Commissioners came to the boards of L llt ti'4 4 ° , 4 j ra ge has been forgetcommitd. I have no doubt but guardians for the purposescrewing the law a little "ett er - ti '° ll will be given at outrage, and it is tighter," officers should be appointed by the Secretary of lay a tt ler e had been no naval contest there, than that State, not only to attend the boards, but to visit the B Pet to e lliPt had been made b Cher, naval officers on the workhouses at times when they were not expected. Lorienter into a conflict.—e hear.) When a boy ran away from the workhouse with the key ti `1 CLANRICARDE said he would not enter into workhouse dress on, he was charged with felony for ,the i)„ et a„ils, but surely, however weak our fleet was in stealing the clothes. This was a great injustice, and the ,iNt "L eule, it was not - s'o weak as the arguments of the law with respect to it ought to be altered. Another ebietit hard of the Admiralty.,—(A laugh.) It was quite imperfection in the law was that 'with respect to the tifi -ere Was not at p res ent a sufficient force in the removal of a pauper for receiving parish medical relief. sets.e---there was not fleet there as there had been, A woodcutter might obtain enough money . for his family ll • ''ent t a for to live upon, but if a portion of that family became ill, titi ldi 0 ensure respect and proper treatment a . read officer. Th e Noble Lord said ships were in it would be impossible for them to pay for medical . aid, ,te,enC es i , and could be dispatched in a mo- and if they applied to theparish for it they would beliable they ' "lit they had not been ready when to be removed to their own parish, perhaps miles distant. of ere wanted, and an outrage on a British The board of guardians of which he was chairman never N e 4 0 " 4 ( 1 been perpetrated. lie had heard that the refused medical aid when applied for. Another point 10 0 rn pia was sent from Portsmouth the other day with of objection to the present law was that with respect to Was i4esll, on board, 150 of whom were marines; and this operations to be performed by medical men in Sev er :need as a proof of dispatch. An agent of our workhouses. He thought that no operation ought llb out e tli j a i t h V :ohr h d e o en reig in:ulted—there was no delicacy to be performed in a workhouse without a the Secretary f thanly tone, The there Minister, and the Noble Lord second medical man being consulted.—(Hear, hear.) than that assumed Affairs, had taken a proper and He had, however, great objections to operations being ks he understoodn . one much more befitting the occasion performed at all in a workhouse where there was a by the First Lord of the Admiralty. county hospital near. He also objected to pauper boys 1, 1 _, e been, the Dublin left Otaheite in January ; gaining a settlement by apprenticeship. He thought, s,-.418.tn. there, no such outrage he firmly believed, too, that overseers ought to be empowered to remove tlis ee `:_nYve occurred . The tone assumed by the French paupers to other places besides their native parishes. He or the in Otaheite should have warned the Admiralty knew himself a case of a poor girl, aged 17, living in the t re n ecessity of having the British Power respect- town of Brighton as a domestic servant. She caught bution:piatdrilevs:enryted at Otaheite. He thought the Noble the typhus fever, and was removed to her parish for much exaggerated the state of our rela- medical relief. When she recovered, the overseer said t uttl 1 83 ,-, foreign countries during the years 1837, 1838, that he had no doubt from her good character that he th at th - He cordially joined in the Noble Lord's hopes could get her a situation, but she replied that she did rittiees; e Was no danger or necessity for warlike prepa- not want one, as her mistress in Brighton had kept her hat wa but . the Government should not be blind to situation open for her. Now such was the law that the I° 3' h av i 3 going on on the coast of Morocco; and it was overseers had not the power of sending this poor girl to ::7, :garal respectable of force there that the chance of Brighton, and the only way she got there was by a sub _ li_ld be best avoided. scription being raised to defray her expenses there. Tte,, Ear l of HADDINGTON explained. —(Hear, hear.) Now he thought this was a state of the 4 e xpian , HARDWICKE considered the answer law which required alteration.—(Hear.) Upon the whole, , sed in ,_ ation given by his Noble Friend (Lord he thought the present Bill was a great amendment of th e th ss e s .‘?a) Perfectly satisfactory. In consequence of the law as it now stood, but he thought it might be ul arl ialoe l n lsketion evinced by the public at large, and by made susceptible of still further improvement. li e Noblest , at (to of Lord the condition of the navy during the time The Earl of FORTESCUE considered that the law opposite (the Earl of Minto ) was at the oe theas it stood, was a great improvement on the old law, and Vort unit Admiralty, that Noble Lord seized every he looked on the present measure as an amendment of 12 1 , ahri e kY of applying the tu quoque. He (the Earl of the existing law. He thought that the appointment of t ,7q to ail ,e) did not think that debates of this kind would district auditors and the establishment of district houses ,•'' the di ) good result. He had always felt that , in addition for the reception of the houseless . poor, would prove d eg ns„,lP° B able force which was - stationed ' abroad, it highly beneficial. He could not sit down without ex `Lis -- 'ssar A Posabl e i. Y , at all. times, to have in this country a pressing his opinion that the Poor-law Commissioners he Q ove _ TOree of ships, that, on any emergency arising, were deserving of the gratitude of the poor and the•con• eo g 'l4l t o Talent might be enabled to send out additional fidence of the country.—(Hear.) kN enee , foreig n s t a ti on , an d he felt perfect The Ear l o f HA RDWICKE sa id t h at, notwithstand -4 the utt _la.at at no period within the last few years, ing the efforts made by a certain portion of the press, „ . peet vs nave profession been more effective, either with there was a general feeling amongst the poorer classes of -4 ,- i toe s. " the home-yards or those ships on foreign the agricultural districts, that this law worked for their cl i : 4 e t ad advantage. If they looked to the contrast between the 1 th_lltet er __ , or _MINTO replied. H . e eulogised the condition of the people under the old law and under the es 7r_e w as 4uct gallantry of Sir C. Napier, and said that present law, they would find that the existing law was a 4 4 ile twe n o ,v . man in whom he would place so much benefit. It had been said that this was a grinding law. le a to thi, with respect to naval matters. He had been Why, under this law, or under any other, a system of riniPiee "he Opinion by the gallant conduct of Sir C. grinding might exist, but it was not to be attributed to N ., wit . 11 in command of the fleet in the Mediter- the law. In the union in which lie resided, when a per itit'espond!-4 he (the Earl of Minto) had the honour of son sought for admission into the workhouse, he was t h 2 e,,,,,, ding with him. The Noble Earl then entered asked if he could not get employment, and if he said not, i hist ' l P a rison of the complements of the ships in they gave him a paper which he was to get filled up. 4 1 1 ttl'e Mar, and those which were at present stationed No doubt he might come back and say he could not get t q ''' e erd viLeerra;nean. There were five 74-gun vessels more than so much wages, but lie would then be ad- A t Vi t hrent s action, with a complement of 575 men mitted, and if the poor labourers adopted this system, i /it :.rkf a ij j a ; in Lord Duncan's action there were 554. and entered the workhouse for some months, they would k r :w e . e i iv r , there were sixteen seventy-fours, divided compel the farmers to give them higher wages, for they tr eh a h i s ses, but the average number was 598 men would not pay the high rates, and the condition of the Z). l t a li tte, l 3 . Sir Robert Stoptbrd had seventeen ships labourers would be better than ever it was before. He I to . 0 t ack An . which there wer 775 marines, which gave would not at that late period enter more at large upon 1 1 if i q h , e 'ulP• Those, together with the crews, gave this subject. He concurred generally in the Bill, which , 4 11 4 ° or 607 men for each ship. He had heard it 4 e aetlihad been introduced by the Government, and particularly t e til)erh, der e place that the present armament was of in the bastardy clauses, except that portion of the fifth or ekb seription. That might be true with regard clause, which allowed a sum of money to the mother of thicl,,,etal which the it was not so with regard to the weight an illegitimate child. He thought that was a Nv ai l,': iv e ,i ., e,h the vessels carried. The complements of clause of very doubtful tendency.—(Hear, hear.) No_ acne i ',"waYs less in time of peace than in time of He thought it would be much better to make the ' money i a t eer, mo le had the authority of Admirals Martin, payable to the parish, and that it seahould support the N( 1 1 4 ot , up S topford, for saying that a full complement mother. He thought also that the ple ought not to stela Lordr was an impediment. When he sue- be taxed for district schools at the will of the Cora tre,4 cond it: _e Grey he found the state of the navy in missioners. This taxing power he thought very ob the) 4 esti_ w a that he was obliged to ask for an in- jectionable •it was an entirely new principle—a power a, F r,, ".ate for men and stores, and almost every titd -M al t, that ought ' not to be given to the Commissioners. He %ndi ti not an ,,, for a ship.—(Cheers.) He hoped he should not move any amendment, but he wished the Bill T he on, gain see the navy of the country in such a had been a little longer before the House.—(Hear, hear, Th e ha of from the Bishop of Exeter.) He wished they could have c o moti on 4 IADDINGTON explained. submitted it to a Select Committee, in which it might ss t orc li r klo, - Na .‘',. 1 4: then negatived without a division. have been carefully digested. 'Nni i i ‘-'4I."V i i p -44 ‘'W COURTS (IRELAND) BILL. Lord LYTTELTON also regretted that more time ace ing th BELL moved the order of the day for i an l e a d: could not be given for considering the measure. He, Chi eadne eu J° l lrned debate on this Bil l. and moved however, should not offer any opposition to it. 11 e r ta ro , that the words " Chief Justice," or The Bishop of EXETER moved that the House do Lea r : D oke " , 'be substituted for the Lord Lieutenant. adjourn. Method L ord °f RICHMOND hoped the Noble and The Earl of STRADUROKE had great objections to in th e Vght the n:ould not persevere in his amendment. the bastardy clause. But when the Poor-law Bill the ;,, , and, of Patronage would be much better placed had passed a great stimulus had been given to employ- Tr c ißes. me Lord Lieutenant than inthe hands of ment, and the condition of the poor on the whole had E, etn 1 itett Sof th ~,,s s t r, e e rr ,... been better since that period. Regarding the separation Ivq l eould n ' vv ICKLOW did not see why this patron- of man and wife, he thought a better provision could not h as o f,et be i n Bhd th e x . . the hands of the Irish judges as English judges. If it were better in the be made than under the present system. The Earl of RADNOR approved of the new poor 14t er in t his Crown in one country, it would be also law, but he protested altogether against the bastardy e tile l aw lB country , H • • • he i - e would be anxious to assimi iv e Lo,Lt both countries. ` l Ps wer'4 CHANCELLOR said he knew the Irish clauses in the proposed amendments. Every part of the worked well except the bastardy 1 ,,, The k a 3 anxious for this present measure The great mischief was, firstly, that of the women er e e qu i „ patronage. t o •auei, 3 of NORMANBY said that if the fathers ; and secondly, the number of corn s, re t ieut us to receive this judges swearing . to mitals to jail for non-payment of the allowance con patronage, he knew that the 1: 1 liaxi Qu erl ant, as far as he was concerned himself, non-content to any bastardy to o k , to sto get rid of it. He thought it w uld be Itritr a ssimilate the law of Ireland to law in this treated for. He would say clause introduced by the Government. Th Y The Marquis of NORMANBY cordially participated 411 2 , e nuk e in the sentiment, and expressed his concurrence in the k PDrt of RICHMOND said he was prepared to Ilt%hi 1 - rileaShr • I SI j ud e taking away the patronage from the opinion of many of his Noble Friends, that a Bill of this late a period magnitude should not be introduced at so 1 14 414 Odes, and vesting it in the Crown. of the session. llobl T ESCUE concurred in . The Bishop of EXETER would persist in his motion. 1,6 e Friend, the view taken by Pkssed . amendment The Earl of WHARNCLIFFE had no wish to hurry was then agreed to, and the Bill the House, at the same time he thought they should Lc ? °Oll T. now proceed with its discussion. th rd WI / A - -AW AMENDMENT BILL. Lord CAMPBELL thought the Bill might have been on the should said that in moving that introduced into their Lordships' house at first. 1.4 tti e poor.icwuld resolve itself itself into a Committee Strangers were then ordered to withdraw, but no 4 ,, r ,, 4 2 hip s fo i r , he felt it necessary to detain their , division took place. wi,•re th at a short time. Their Lordships must be I The Bill then went through Committee pro forma, and tsr ` th e p t o ne ese t t pf the most difficult subjects connected was ordered to be recommitted to-morrow (this day). 0 f d t1 3 , % 11 th le' poor-law, was the law relating to has- 1 On the motion of the Duke of RICHMOND the rushee Par k i s h e law, as it stood at present, the overseer Scotch Salmon Fisheries Bill passed through Committee. in _ e e of ~ e ould take the mother of a bastard before a Several other Bills on the paper were forwarded a g te e n „ .. ,ta peece, who had the power of sup - , stage, and the House adjourned at Quarter-past One, "uer fel. support, and if the father sup. 1 till jialf-past Three o'clock to=morrow (this day). TIIII SUN. LONDON, TUESDAY EVENING, AUGUST 6, 1844. HOME CIRCUIT father was suddenly killed by an accident, and chiefly • long, thin head—not near so handsome a one as the Guildford, Monday, August out of charity I took her into my establishment, where she Beiram colt. . CIVIL S and a Special Jury.) SIDE. behav ed so well, and her cond uct was so excellent i n m y Cross-examined—There are three brothers and a f',- (Before fir. Baron establishment, that she was eventu a lly tr u sted with the ther living at Walton. For se v e ra l y ears I h ave f o l- ROBERTS V. DENHAM. care of everything in the house. lowed. the race-course. In 1840 I l a id some b ets w hi c h PARKE Re-examined—Miss Roberts dined with the children. I did not pay. I think it was about 8501. I paid as far This was ea action brought by the plaintiff, Melville Roberts, against the defendant,a for a breach of his pro- By Mr. PLATT—The other governess dined with us. I could. According to the new rules a horse cannot be cover compensation in Mr. Richard Walthen, attorney for the plaintiff, pro- entered in my own name. My brother Richard rode a mice to marry her. s Frank Denham, to re duced a letter which he had written to the defendant, steeple chase lately when there was a dispute about the Mr. Sergeant Shee and Mr. Lush were for the lain- requiring him to make some compensationfor the injury cup. His winning the race was disputed, but we did not pl tiff, and Mr. Platt appeared for the defendant. he had inflicte I upon the plaintiff. He subsequently steal the cup. Some wine was put into it and we took saw the defendant at his office, and he admitted he had the cup away. Some few sovereigns were laid upon the Mr. Sergeant SHEE addressed the jury, and said that the plaintiff was a most respectable young lady,the young lady great wrong andoffered her 50/. race but my brother was not paid. ° Romaike was sold in as compensation, and at the same time said that he was 1841, end I afterwards wrote a letter to Mr. Sadler, the time of her becoming acquainted with the defendant married.--(The certificate of the marriage of the de- when she was sent to his place. This is the letter (pro done . she filled the situation of goveeness in the establishment a and at , fondant with Elias Lacey on the 15th of November, . duced). I don't think that .1 represents it that she be of a gentleman named Evans- He was instructed l . e 1843, at Nettleworth, in York, was then put in and read.) longed to me after 1841. I won some bsts of Mr. We those who knew her during her period of supposet in. ' ' lie afterwards saw the defendant at Dover, and told him therby, but he did not refuse to pay 111i2 beeause I was tended happiness, and who were also acquainted withher in her misery, that she was a beautiful young woman ; I that his client refused to receive the sum he had °flared, : a defaulter. There was an inquiry before the Jockey and he then said he would give 2001. as compensation. ' Club, but they did not say that be was justified in the time in question. The Learned Counsel proceeded and it appeared she was only twenty-one years of age a t Witness had no opportunity of consu lti ng the plaintiff not paying me b ecause I p a id no b o d y e l se . I canno t say to say, that the plaintiff filled the situation of gover respecting this offer, as the defendant immediately ens- whether the letter (produced) is my brother Richard's ness in the family of a gentlemen named Evans, who ployed a solicitor. At the time - witness saw him at handwriting. There is a likene ss , b u t I cann ot swear Dover he was occupying a hous e i n W a t er l oo - cresc ent in either way. resided at Holyhead, but whose family were staying at Malta, and sailed from that place in May, 1843, for one of the best situations in Dover. Baron PARKS—Don't you know your brother's hand- Cross-examined—Witness went down to Dover to writing ? Witness—Yes, my Lord, b u t I cann ot speak England. The defendant was a passenger on board the same vessel. He represented himself to be an officer in serve the defendant with proce ss , as h e was acqua i n t e d positively to this. the service of the East India Ctimpany, and to be en- with his person. Defendant did not sa y h e w ould rather Mr. PLATT here handed se vera l l e tt ers t o th e w it ness , titled to the rank of captain. He was a man about give 2001. than be prevented from going to China. Did and questioned him as to his beli e f w hi c h were wr itt en thirty-five years of age, and evidently occupied a put not tell him that what he said wou ld b e use d aga i ns t by himself and which by his b ro th er ?—H e sa id t h e y sition of honour and responsibility. He had very agree- o him, but lie advised him to con su lt hi s a tt orne, . were not written by himself, and he could not tell whe able manners, and it was therefore not surprising, that The letters were then put in and rea d, an d this closed ther they were written by his broth er , b u t th ere was a he very soon made an acq ua int ance w ith th e family of the plaintiff's case. resemblance. Mrs. Evans, and to Miss It o ber in particular he paid Mr. P LATT rose to address th e j ury f or th e d e f en d an t, C ross - exam i na ti on conti nue d—l k now a h orse -d ea l er marked attention ; and there wa s v ery little doubt that and lie observed that he was inst ruc t e d a t the onset to named Crook. I never sent Romaike to Mr. Gib son ' s , before the vessel arrived in En g l a nd, he had made her state that there was no intention t o cas t th e sli g htest neith e r do I know of my brother having sent h e r. I an offer of marriage which was accepted by her. Upon slur upon the character of the pl a i n tiff, w hom he be- know a man called Harry Hicks. He never was th e the arrival of the vessel at Southampton, Mrs. Evans loved to be, as stated by the witne sses , a virtuous and owner of the horse called Bubastes. I never told Hick s and her family went to the Castle Hotel, and were ac- honourable young woman; and hi s o n ly o bj e ct would be that I had s entßomaike to Mr. Gibson 'e in Crook's name, companied by Capt.Denham. After remaining there a few to put the case in its real light bef ore the j u ry, in order or that I had sent her as a half-bred mare. I may hav e that, if they should consider the case m a d e out, they called upon Hicks s hortly before the Warwick Spri ng that he wrote to the plaintiff at this time there could days the defendant went to London, and from the letters be should only award such reason a bl e d amages as th e c i r - R aces , 1842, b u t I d o not r e coll e ct t e lli ng hi m t o no doubt that a very tender and affectionate intimacy c . umstances of the case required. Th e Le arne d C ou ns e l a sk Mr. Gibson what he would charge f or a half existed between them, and that he intended to make her then proceeded, at some length, t o comme nt u pon the bred mare called Liverpool. I know he had a his wife. A short time afterwards the defendant re circumstances under which the intimacy had first taken thorough-bred mare called Liverpool. I never turned to Southampton, and he then requested Mrs. p lace, and he admitted that the d e f en d an t h a d made a told him that Gibson would take a few half bred m ares Evans to grant an interview with him, and upon her hasty promise, which, upon calm cons id era tion, ho felt it at ten guineas, nor did I ask him to tell me the e xac t was impossible for him to fulfil. He contended that the day when Romaike was covered by Bubastes, as I was doing so, he made a formal offer of marriage to the plaintiff, and expressed a hope that she would not offer plaintiff was not seriously injured, and said that, if she afraid she had gone over her time. I never told him any objection to the match. Mrs. Evans, being aware had been married to the defendant, it was quite clear that I had received a letter from Gibson by whi c h I that the position of the defendant in society was higher that his family would never have countenanced her, and learned she had not foaled. I did not see Hicks refer to the union could only have been productive of misery his book. I never told him that I had been to Gibson's than that of the plaintiff, very prope!basuggested to him and unhappiness. The Learned Counsel then went on to to see the mare, and that the Bubastes foal was the best the propriety of consulting his friends, before he took remark upon the case, his observations chiefly tending to I had ever seen at Gibson's; and I did not say that Mr. the step he proposed, but his reply was that he was in induce a mitigation of the damages. Partridge had driven me over. I walked over with Mr. dependent of his friends, and that he certainly should not consult them upon the subject of the choice of a wife, and Mr. Baron PARKE having summed up, the jury, after Partridge, but I did not see either Romaike or the foal. he at the same time offered to settle 50/. a-year upon the a short deliberation, returned a verdict for the plaintiff— I went for the purpose of seeing Liverpool. My fond plaintiff. Mrs. Evans, upon this, offered no objection to Damages, 8001. ness for horses led me to do so. I did not in autumn of his acquaintance with Miss Roberts, and for several weeks 1843 ask Hicks for a stamped receipt for the money paid he was consequently with her as her acknowledged suitor, THE BLOODSTONE CASE. for covering my two mares in 1841. I have only had one and from the correspondence that passed between them at HERBERT V. DAY. mare covered at Hicks's. I did not suggest that a re ceipt should be given for 1842, and he did not say to this time it appeared evident that they were upon the This was a feigned issue, directed by the Court of me , a How can Ido that when I had no mares there in most affectionate terms. He left Southampton for Lon don in the month of August, 1843, and before he did so, Queen's Bench, to try whether the plaintiff, the owner that year?" I did not say to him "that does not matter." of the horse Bloodstone, or the defendant, the owner of I was at Ascot Races this year, and saw Harry Hicks he went so far as to request that the wedding dresses another horse, called Old England, were entitled to stakes run for at the last Ascot races. there. I was not present when Mr. Herbert complained should be prepared, and every arrangement was made of having been deceived by the Newmans in buying this for the marriage to take place at Holyhead in October. colt as a two year old. I did not go to Gibson's twice to e The plaintiff looked forward to an honourable union with Mr. Sergeant Channel!, Mr. Petersdorff, ' and Mr. look at the mare, but after I had dined with him on the man she loved, and remained in that expectation Lush, were for the plaintiff ; Mr. Platt and Mr. Willes until the month of October, 1843, when she received the appeared for the defendant. d a y, h e p o i n t e d ou t severa l mares, an d , among ot h ers, one which he said belonged to Crook. Upon my oath, following letter from the defendant:— When the case was called on, Mr. Pawn intimated that both the horses in dispute were in the neighbour- that mare was not Romaike. Bloodstone was a good-look hood, and he suggested that the jury should go and see ing colt, and had some very good points. He was a very " London, Oct. 9, 1843. "I am sorry, dear Melville, that circumstances have them. good breeder. I did not speak to the jockey that rode occurred which make it out of my power to act as I then Y Bloodstone at Ascot, and tell him to win, just before the Baron PARKE thought it would be well that the wished ; believe me, I have not so determined without should do so, but none of the jury must be allowed to race . I did tell him if the horse was out-paced in the due thought and mature reflection. I have lost much speak to any person. last quarter of a mile, to pull him up, as he had pulled money at horse -racing, and the step from that to the mad Mr. PLATT said the attorney on each side had better up lame the day before. It was a malicious statement of accompany them. excitement of the gaming-table was but short—need I Bell, the jockey, to clear his character about Leander at say more. I must, of course, go out to China as soon The jury accordingly retired, for the purpose of ex- any sacrifice. I engaged Bell to ride for Mr. Herbert, possible, but as economically as possible. I could not amining the horses, and were absent for about half-an- but I declare I never told him not to win. The letters take a wife with me, nor should I like to leave one be- hour. Upon their return, the cause was proceeded with. (produced) are in my handwriting, but signed with my hind, as I may not be in England for, perhaps, the next Mr. Lush opened the pleadings, and said, this was an brother's name. ten years, probably more. Under all these circum- issue directed by the Court of Queen's Bench, to try Re-examined—l had nothing to do with the steeple stances, I think you will agree with me that lam acting whether a certain colt, named Bloodstone, which came chase that has been mentioned. Mr. Gibson was at Castle the most prudent part, independently of the certainty of in first in a race at the last Ascot races, was foaled in Bromwich. The mare that was shown to me at Mr. Gibson's offending my family, which I should be very loth to do. 1842, and w h e th er it s s i re was a horse called Bubastes, was not Romaike. She looked to be a well-bred mare but Owing to the loss of the Memnon, I have received no an d its dama mare called Romaike. , was in very bad condition, and appeared to have a surfeit news from abroad, and, of course, lam ignorant whether Mr. Sergeant CHANNELL then briefly addressed the on her. She had a mean, scrubby tail, with very little anything has come home for me from China—when I hair on it. This was in 1842. Romaike had a very long hear I will let Mrs. Evans know. The things you may jury, and said that the plaintiff in this action was an at torney, and the defendant was a trainer of race-horses, tail, nearly, if not quite, dragging upon the ground. either keep or send as you please. You have my most and the jury would, no doubt, understand from the When Wetherby bought her she had a long tail, and sincere wishes for your welfare and permanent happiness. pleadings, the nature of the case that would be laid afterwards it was suffered to grow, and was very long I remain, your sincere well-wisher, " FRANK." before them. It had become a matter of notoriety, that when she came from Lord Exeter's. I engaged Bell, The Learned Counsel proceeded. The jury might gross frauds were alleged to have been practised at cer- at Epsom, for Mr. Herbert, to ride his horse Bloodstone, imagine the distress of this unfortunate young lady upon tarn races, but he was satisfied that this would not in- at Ascot, and I recollect the day e of the race. A filly, receiving such a cruel and heartless letter, and to show fluence the jury, in coming to a decision upon the pre- called Carissima, ran in the race with Bloodstone, and I the real feeling of the defendant within one short month sent case ; but that they would decide upon the evidence know that her leg was injured. I told him to ride with of the period when he informed the plaintiff that he that would be adduced, and which he ha no doubt would his hands and knees all through the race, but if he found could not take a wife with him to China, and did not satisfy them that the plaintiff's horse was really the himself out-paced in the first quarter of a mile, he was to like to leave one behind, he was actually married to horse he wa s re p orte d to b e , a nd that he was entitled to pull up, but if not, he was to ride through. Bell had told another lady, who he was instructed was possessed of the stakes in the race be won. He did not complain that me the horse pulled up lame the day before, and this considerable fortune. Mrs. Evans, the protector of the any gentleman connected with the turf, who imagined was the reason I gave him these instructions. It is im plaintiff, upon being informed of what had taken place, that fraud had been perpetrated, should take the ne- possible Romaike could have gone away from Walton and before the marriage of the defendant was made cessary steps to h ave a ful l i nqu i ry , b u t surm i ses and pre- more than a weak without my being aware of it. The public, had remonstrated with him upon his conduct, but judices ought not to be allowed to weigh against positive shortest time a mare could be left to be covered would he persisted in his refusal to perform the solemn promise evidence. It would be his duty to lay before them be two months, and I must have known it if she had he had made, and the plaintiff had no alternative but to all the circumstances connected with the birth, parentage, been taken away for that purpose. make the present appeal to a jury; and he (the Learned and education of the colt in question , and he had no By the COURT—My brother gave me 50/. for the mare Counsel), called upon them to give such damages as doubt that he should be enabled, by the most satisfactory Romaike. would show the friends of the plaintiff and the world evidence, to make out that he was properly describe William Newman examined—l keep the Bell Inn at ' that she was not deserted by the defendant for any mis- Upon his running the race, however, an objection was Monmouth, and I remember going in November, 1840, conduct, but that her character was pure and virtuous made to him, and the stewards took advantage of the to fetch a mare from Lord Exeter's, at my brother's re and without the slightest stain. power given them by the Act of Parliament to raise the quest. I paid the bill and brought the horse away, and The following witnesses were then examined : present question for the decision of the jury. The on my way home I stopped at the Star, at Leamington, Mrs. Mary Theresa Evans examined. I am Learned Counsel then said that in 1839, the mare and the mare was shown. She was the mare Romaike. the wife of Captain Evans, who now resides at Romaike was purchased by Mr. J. Newton, at Don- She subsequently had a foal It had a remarkably fine Holyhead. I know the plaintiff. She is twenty- caster, and was eventually used by Mr. Weatherby as head, a white streak down the face, and white heels. three years of age, and is engaged as gover- his hack, but eventually she was sent to a horse be- The colt was only known as the colt by Beiram. I was ness to my younger children, and she accompanied me longing to Lord Exeter, called Beiram, and in due time present with several other persons when the operation and my family to Malta in 1840, and we met the de- brought forth a foal. It would be shown that this foal was performed in October, 1843, and it died about a fendant on board the steam-vessel on our return in July, had a remarkably handsome head, and from other week afterwards from inflammation. I first saw Romaike 1842. He appeared to be about thirty-two years of age, circumstances was well known. In 1842 the same at Hicks's in 1842, and she then had the Beiram colt at and he informed me that he was a captain in the China mare was sent to Bubastes, having at the time the her foot. She was covered by Bubastes in that year, and trade, and that lie had been abroad for seventeen years. former colt at her foot, and in April or May, the I first saw her foal by that horse in May, 1842. It was a He paid attention to all my family,' but particularly to colt in question was foaled. They were both chesnut colt, with a white heel and a white star on his Miss Roberts, and they were favourably received. When chesnuts, but the latter was more of a racing kind of forehead. I did not notice any other marks. At the time I we arrived at Southampton we went to the Castle Hotel, colt, and it would be shown, besides a white blaze up the saw him he had rather a coarse head. I saw him in and the Captain went to London the next day, and did face, had two white hind heels, and as he was instructed June and July, 1842, and I continually saw him from not return until the 7th of August, at - which period I re- this was the colt that had been entered for the race at that time until Tewkesbury races, 1843, and I then ceived a note from him, requesting an interview. We Ascot, and which was entitled to the stakes. He should heard he was going to be sent to Jones's, to be broke had taken private lodgings at this time, and Captain show them that the first colt went on very well until the and trained. The colt suckled till a late period, and had Denham came to live in the same house. When I had month of October, 1843, when an operation was per- cows' milk night and morning. the interview with the defendant he told me he wished formed upon him which brought on inflammation, and Cross-examined—l live at' Monmouth, thirty-three to make a proposal on behalf of Miss Roberts, expressed he died very shortly afterwards. He understood an at- miles from the place where the operation was performed his admiration and affection for her, and asked my con- tempt would be made to show that the horse which won on the colt. I did not live at Monmouth at that time. sent to address her. I asked him if he had considered the race at Ascot was not the Bubastes colt foaled Th e dead body of the animal was hung 1113 in a tree. I well what he was doing in making an offer to a person in 1842, but the Beiram colt foaled in 1841, but he don't know what became of the skin. The body was who was dependent, and he replied that he had; and felt satisfied that the evidence be should adduce cut in quarters, and my dogs ate part of it. I did not live when I alluded to the opinion of his family, he replied would clearly negative such a supposition. The anywhere " particular" at this time, but I am sure he did not think lie was bound to consult them, and L earned Counsel went on to say that the colt I slept at Walton the night before. lam not awar e th a t added, that he had been independent of his family for Bloodstone, being a likely looking colt, was carefully the Beiram colt was vicious. I don't know that it is not many years, and should not consult them, or any one attended to, fed with cow's milk night and morning, be- customary to castrate a thorough-bred horse, unless else, on the subject of taking a wife. I told him his sides the nourishment it derived from its dam, and grew there is some particular reason for it. I do not know situation was superior to that of Miss Roberts, and u p a fine animal, and in 1843 it was sent to a person for what cause this colt was castrated. I never bred any pointed out to him that the acquaintance was short, and named Jones, at Rockley, to be trained, and very soon race horses. I should not think it was a good thing to asked if he would not take time to consider the matter. afterwards it was purchased by the present plaintiff and, make a race horse as weak as I could. I lived upon the Before this he had offered to settle 50/. a year upon the while in his possession, won the race in question. He bounty of my wife's friends for four years, and until plaintiff. He then told me that his mind was quite made should prove all these facts by witnesses, and he hoped about six months ago, when I took the public-house. up, and he was 'determined to marry her. He asked that, if the other side attempted. by any theoretical Re-examined—The Beiram colt was a rather short permission to visit Miss Roberts as her suitor, and she opinions as to the age of the animal, to show that he cobby colt, but with a remarkably fine head. From his appeared very much attached to him. He remained in was older than was Pretended, th e j ury wou ld not suffer appearance, my brother considered he was not fit for the Southampton several days, and walked out with Miss such doubtful testimony, at the best, to weigh against race course, and I know he never intended to run him. Roberts. At this tiase the defendant's sister came to the positive evidence of the persons who had known the Mr. Oliver, examined by Mr. LUSH—I remember the Southampton, but the defendant did not introduce Miss colt all their lives, but that they would give their verdict last witness coming to my house at Leamington, in 1840, Roberts to her; and he told me he had originally in- u pon the evidence alone. with a mare which he told me was Romaike, and that he tended to do so. but had changed his mind, and thought George Warner, examined by Mr. PETEnsn UtrF—l had brought her from Lord Exeter's. I have seen the it had better be deferred. The defendant went away am a trainer, and live with Mr. Cooke, of Bromsgrove. mare several times since. I first saw her afterwards at from Southampton in company with his sister. We I remember a mare being taken to Mr. Crockford's, in Walton, and at that time she was in foal. I saw the left Malta on the 26th of May, and arrived at South- 1835, to a horse called Rowton. She had a foal on the colt the day after she had foaled, in April or May, 1841, ampton in the beginning of July. I know that several 7th April, 1836. It was a chesnut filly, with a small and I saw the colt running with the mare in the paddock letters passed between the plaintiff and the defendant, white spot on the forehead, and another small dark spot several times afterwards. It was a chesnut colt with and the latter frequently t a lk e d to me a b ou t hi s marriage, on the near hind quarter. She was afterwards called two white heels and a white face, and the smallest head and proposed that it should take place at Holyhead Romaike. This filly remain e d a t M r. C oo k e ' s till 1838, I ever saw put on an animal. I saw the same mare with about the middle of October, and he expressed his wish when she was taken to John Robinson's at Newmarket a second CA That was also a chesnut, with a white that the wedding clothes of Miss Roberts should be to be traine4, and she ran for the Guy Stakes at War- star on the forehead and one white heel. The last time ready; and he added, that if s h e was no t we ll prov id e d w i c k, an d was beaten in 1839. She was sent to Doncas- I saw the second colt was in July- or August, 1843, and I he should be happy to place a sum of money in my hands ter on the 14th or 15th September in the same year, and then noticed that he had capped hocks, which I had never for that purpose. I told him Miss Roberts had some she was sold by Mr. Tattersall, and afterwards returned seen before in a young horse. I saw the same colt twice money of her own, and if she required more I should to Mr. Wetherby. I saw the mare again on the 17th at exercise at Jones's at Rockley. The first was a willingly provide it. W e ddi n g c l ot h es t o t h e amoun t o f May, l as t year, and I have seen her to-day in Guildford. small colt, but the second was a long racing looking colt 0 0/, were actually purchased. I have not spoken to the ar. Richard Harmera. — showed her to me in May at Wal- — a very fine colt. I saw the same colt at Ascot, and I defendant since. I saw him the l as t ti me at Southamp- ton Hill, near Tewkesbury. lam sure she is the same have seen it to-day in Guildford, and I can swear it is ton. The letters (produced) are his handwriting. In mare that was sold to Mr. Wetherby. the same. October, after I had seen the l e tt er h e h a d just before Cross-examined—The mare was advertised for sale at Cross-examined—l am in the habit of going to races. sent to Miss Roberts, I wrote to the defendant and re- the time sho was shown to me by Mr. R. Harmer. She I have never been at Doncaster races. I know the monstrated with him on hiduct. was at Walton, I believe, but Ido not know whether Mr. Newmans very well. I am not a business man. I have Sergeant SHEE (to Mr. Plott)—Do you produce the John Newman was there also. I was present when Mr. now and then had a little touch at dealing in horses. letter? You have had notice. Tattersall sold the mare to Mr. Wetherby. I did not With a strong colt you may begin to handle some at 18 Mr. PLATT—; we produce no letters. rece i ve an y isresent upon th e sa l e. She was sold by months old. I am not much in the racing line—mine Examination No continued— d ln the letter referred to I told auction. It is difficult to tell who are bidding on those is more in the steeple-chasing profession.— the defendant that I considered his conduct ungentle- occasions. (Laughter.) I did not ride the race when the Newmans manly and cruel, and I received time letter (produced) in Re-examined—The mare was sold for 65 guineas. took the Cup away. I have had entire horses run in answer. Miss Roberts was very much affected when she M r . J o h n Newman, examined by Mr. Lusu—ln 1839 my name, and it is very common to ride entire horses received the defendant's letter, and has been ill ever I became the owner of Romaike. She was purchased when they are not vicious. I don't know that gelding a since. The plaintiff has lived with me several years, for me by Mr. Wetherby, and he rode her as his hack horse renders him more weak, but geldings are always and her conduct has been unexceptionable in every at Newmarket, at the October meeting, and he subse- allowed three pounds. I am sure I have not sold five respect. quently sent her to Lord Exeter 8 horse Bieram to.be hundred horses in my life. I may have sold one hun- Mr. GREENWOOD—The children under Miss Roberts's covered. I sent m y b r other William for her in Novem- dred, but I will not say two, for fear I should tell a care were four, five, and six years of age. Her salary ber, 1840, and he brought her to my father' s h ouse a t s t or y.—(L aug ht er .) I saw th e secon d co lt f or th e fi rs t was 20/. a year. She was not nursery maid. I had a Walton, near 'Tewkesbury, in foal. She remained th ere time in May or June, 1842, and it looked as much like nursery-maid besides in my establishment. I had an- till she foaled, on the 29th day of April, 1841. racing as ever was seen. It was not quite so well over other governess for my eldest daughter, who is fourteen The colt was never " christened." That colt the loins.—(Laughter.) He was not exactly weak in years old. On the voyage home the defendant made died last year, while I was at Newmarket. the loins. I never saw the colt taking his milk and no secret of his affairs. He said he was captain of a from castration. H e had been sent with his dam to bread with a spoon.(Roars of laughter.) I never saw merchant vessel, that was wrecked on the coast of China, Hicks's at Atherley, and remained there for six weeks, a basin of milk taken out to him.—(Renewed laughter.) and the greater part of the crew were murdered, and he when he and the mare came back to Walton, and the I had heard the Newmans say the mare was a bad mo himself was taken up the country and tortured, and con colt remained there until its death in the Octob er f o l- th e r, and that they fed the colt on cow's milk and flour. fined for eight months. He also said that he and six lowing. Before the mare went to Mr. Hicks's I had Richard Newman, examined by Sergeant CHANNELL— others were liberated upon the conclusion of the war sold the mare to my b ro th e r Richard, an d a man named I remember the mare Romaike being at my father's, at with China. Reused to relate the history of his sufferings, Handley took hi m to Hicks's. The Beiram colt died in Walton, and I first saw her in November, 1840, at and I have no doubt the children and the governesses October or N ove mber, a nd the mare was sent to Hicks's which time she was in foal. She had a very full tail, listened to him. I knew that his sister was at South- to be covered by B u b as tes, and remained there until the nearly, or quite down to the ground. The mare foaled ampton, but, as Miss Roberts did not appear to desire an spring of 1843. sh e f oa led at Walton -hill on the 10th in 1841, and I understood the sire of the colt was the introduction to her, I did not interfere. The defendant April, 1842, an d I an d my brother Richisrd were present horse Beiram. He had as nice a head as could be seen, said if the introduction took place his sister would cry, at the time. The mare was kept at home all the season and I thought he would grow into a nice tight cob. I and there would be a scene which ho did not wish to in order to give the colt every possible chance, bought the mare of my brother for 50L, and I took her see. We all lived in the same house at this time. I told by allowing her to suckle the colt. He was with the colt, to Mr. Hicks's, and she was covered the defendant that I thought such unequal marriages fed with corn as soon as he could possibly eat it, and there by the - horse Bubastes ; and I left the mare at were unwise, and that it might produce unhappiness if had also cow's milk night and morning. The mare Mr. Hicks's. I sent for her in about three weeks, and the lady were not received in his family. He told me suckled the colt till the Ist January, 1843, and cow's when she was brought back, her tail was in the same that he had been seventeen years absent from England. milk was given it after it was weaned. That colt was state as I have described. She was very fine in her Captain Evans examined—l have been for many years called Bloodstone. He remained at Walton till August, coat, and there was nothing whatever the matter with commander of a vessel belonging to the Government. I 1843, when I took him to Jones's, at Roekley, to be her. I was present when the mare foaled the second did not become acquainted with the defendant until his trimmed, and he never after that was at Walton. I saw time, and the first colt was upon our premises at the arrival at Southampton, when he told me that he ex- the colt run a t A sco t, a nd am sure it is the same I took time. They were both chestnut colts, but the last pected to get 6,000 L compensation for opium that had to Jones's. I have seen it 'to-day, and know it to be one' had a star in the forehead and hal been seized by the Chinese. He also said he had a few • cot. one white heel behind. He had not near such a good to animal that was at As thousands besides, and consulted me as to the best mode By the CO UR T—And the same you saw foaled ? head as the first colt had. I gave the second colt corn employ it ; and he likewise told me that he had • - 's milk as well Witness—Yes. before he was a month old, and he had cows freighted a ship, which he expected home very thought the colt was shortly. Examination continued—l have lived at Walton ever as being suckled by his dam. I . I did not come home from Malta ; but my wife intro- • I by Beiram was not; ducedsthe Captain to me. I observed that he paid Miss was a boy. The mare Romaike remained at suited for the course, but the colt since till . of 1843, when the proper course to Roberts such attentions as are usually paid by men to a Walton the spring little fellow and had no stride Mr. Sadler's, of Stockbridge. I have seen the same castrate him, as he was a woman, with whom they are on the eve of marriage. • f the o eration, and Cross-examined—He did not tell me he was in debt mare to-day at Guildford. The Beira colt was a bright about him. He was very ill a tcr p he sit had a b eau tiful head, short ears, and a white died from the effects of it, and his body was cut up for when he went to London, and that he was going to get e stre s a n k down ; hi s face, a nd white on his two ' hind heels. the dogs. Ido not know what became of the skin, but some money. I understood he was going to meet theTewkesbury. It was with He had a dark mark, a spot or two about him, but I I generally send my skins to vessel he expected from China. Captain Denham dined Jones's to don't rec olle c t w h e re. Bloodstone was a chesnut not my consent. that the second colt was sent to with me several times at Southampton with his sister, so . th e o th e r. He has a white star on the fore- be tried. I sold it to Mr. Herbert in May last for 3001., but Miss s e v er al did not dine with us. The plaintiff was bri g ht a . mark th e near heel. He has cappedand Ito have 500/. more if he won the next Derby, head, and a white on was about fourteen years old when she first came into our ho c ks , and inclination to curbs. Bloodstone has a for which ervicei but she never acted as a nursemaid. Her tised the horse fur sale. I have understood that it is a very common thing .. for sellers to receive an additional sum if a horse wins a particular race. I have not seen the colt from the time I sent him to Jones's until this morning in Guildford, aid lam sure he is the same colt. I farm the estate at Walton on my own account. If the mare had gone away to be covered by Liverpool, I must have known it. Cross-examined—l have bought a few horses in my time fur the purposes of the farm, and for hunting a bit. I have had a good many horses killed, sometimes two in a week. I don't know who had the skin of this parti cular colt. Mr. PLATT—No, nor nobody else, I believe. Cross-examination continued—l ; , ,old the horse as a two year 41 with all ctiga7enwuts. lie was in the St. Leger, at Donea;ter, I 4f. lie tool. to all his en gJgemeia,, which might be tive or six races Or mute. race-horse is Lumen in the Calendar by the descrip tion of its age. 1 don't know why I did not have Blood stone gelded. I never saw Beiram, the sire of the first colt. Romaike is a very well bred mare, thorough bred, well made, and like a race-horse, and fit to breed either a race-horse or a hunter. I don't know whether Beiram, the sire, was a thorough-bred horse, as I never saw him. I won't swear that the letter (produced) is my writing. Baron PARKS—What ! Not know your own hand writing ? Mr. PUTT—([landing several letters) here are plenty mor , .. Now, upon your oath, are they not all written by you ? Witness--I don't know. I cannot swear whether they are Rot. Mr. PLATT—Wi3II, now, what mare did you send with thole letters ? Witness—l sent no mare with them. Mr. PLATT—You sent no mare to Mr. Gibson's in the name of Mr. Crook—no thorough-bred mare as a half bred mare, to cheat the man whose horse was to cover her ? Witness—No. The witness, being pressed by Mr. Platt, said he bad no doubt a good many of the letters were written by him, and at length said, perhaps they were all his. Cross-examination continued—ln 1841, I had the riff or mange in my stable. It is a catching complaint. I had got rid of the disorder in 1842. I wrote the letters in the name of Crook by his direction. The mare Romaike never had the riff or mange since I have known her. I never sent a mare to Mr. Gibson, the horse called Liverpool. Mr. PLITT then read a portion of one of the letters written by the witness, in which he referred to a mare having the surfeit, and being in foal, and also represented that she was savage to her first foal and required care, and he asked the witness what mare it referred to ? The witness said he did not. know. He supposed it must be Crook's mare. Cross-examination continued—Crook's mare was a chesnut mare. Romaike had a white spot on her fore- head, and some white marks about her legs. I don't re collect whether Crook's mare had the same marks exactly. Re-examined—l used frequently to write letters for Crook, and if I wrote these letters at all, they did not refer to my own business. No other mare went with Romaike to Hicks's, but I had another mare there that same season. She was a fairish bred mare, but was not thorough bred. By the Couivr—l have got the other mare's foal at this time. I have not named it. William Hierons —I am stud groom to Mr. Hicks at Atherley, and I remember a mare with a foal by her side being brought on the 4th of May, 1841, to Bu bastes. The colt she had with her was a very neat colt, and I observed that it had a white spot on the face, and I understood that it was a colt by Beiram. I saw the Beiram colt again in November, at which time he was not more than sixteen months old. I saw a second foal at Walton sucking the mare. This was a large fine foal, and looked like a racer. The first colt looked more cobbified. Cross-examined--It was not a bright chesnut-co loured foal that was at the mare's foot when she came. It had a star on the forehead, but I did not observe that he had any white on his hind feet. Ido not recollect saying, at Ascot Races, " Here is a devil of a job—the Bubastes colt has come in first, but they have proved him to be a three-year old." I saw a gentlnman named Horace, but I did not say to him that it was the Beiram colt that had come with the mare to Hicks's, when she was brought to Bubastes. I did not say that the Beiram colt had a star, and a white heel behind, and that the Bubastes colt had no white behind at all. I swear I did not say that it was no more Bubastes's colt Then it was old Defence's. Defence had covered the mare Romaike. I did not say that John Newman owed me for his mares, and if he did not come forward and pay me I should toss him over the bridge.—(Laughter.) I will swear I said nothing of the sort. I had some conversation with the lawyer on this case, but I did not tell him that the colt by Beiram had a star on his fore head and one white heel behind. I told him that I knew the Bubastes colt, and that he had a star, but I did not say he had no white about him. I did not tell the gen tleman that I did say, after the race, that Bloodstone was a three yrs old. After I had been talking with the lawyer, I had some conversation with Mr. John New man, but I did not walk away to a private place with him upon hearing a rustling noise in the stable close by as though some one was listening. We were talking about the chesnut mare, and I said they might make , some objection about the chesnut mare going to Liver pool. The lawyer took down what I said in writing, but he did not read it over to me afterwards. I have never said that I should not have said a word about Bloodstone being three years old if John Newman had paid me. I heard that Romaike was rather unkind to her first colt, and I was sent for to reconcile her to the colt, and I did so. Re-examined—l did not go to Ascot races, but I heard about them on the following Sunday, and that there was a dispute about the stake. There is gene rally some little trouble with mares with their first colt. I am sure the colt that won the race at Ascot, was not the Beiram colt. It being now seven o'clock, the further proceedings in the Court were adjourned until this morning at nine o'clock. BRITISH and FOREIGN INSTITUTE The first session of the British and Foreign Institute was closed on Thursday evening by a very brilliant and numerously-attended soiree. As early as nine o'clock the drawing-rooms were filled with elegantly-dressed company, including about three hundred ladies and gentlemen, members and visitors, who continued to increase in numbers till ten. Among the company present on this occasion were many foreign gentlemen, some in costume, particu larly a young Syrian Greek, from the mountains of Lebanon, and a very handsome New Zealand 3 outh, re cently brought over to England by a gentleman returning from thence, and now educating at the British and Fo reign School for the purpose of being sent back to his own country as a Christian missionary. The details of the history of this young man, now about twenty-two years of age, were given to the company, and interested them very deeply, from its romantic character, while his fine figure, handsome features, and picturesque costume, increased that interest to a high degree. Mr. Catlin, who has done so much to illustrate the caracter of the Ame rican Indians, and who was present on this occasion, en tered into conversation with him ; and was followed by others, to all of whom he replied in very intelligible English, though he has been only six months under tuition at the British and Foreign School. What gave more than usual interest to the visit of the young New Zealander, was the fact of his being accom panied by such an exact representation of himself, in a model purposely prepared for the occasion, that as he stood motionless beside it, in the same attitude, wearing the same kind of robe, and holding the same descrip tion of spear in his hand, it was very difficult to dis tinguish the living figure from its faithful transcript, and many were deceived in this respect. It appears that some gentlemen in London, at tached to ethnological investigations, have con ceived the idea of forming an Ethnographical Society, which shall give form and body, " a local habitation and a name," to the facts collected by travellers respecting the different races of the human family. They propose, in short, to do for all nations what Mr. Catlin has done for the American Indians and Mr. Dunn for the Chinese—namely, to prepare models from the life of the inhabitants of different quarters of the globe, array them in the actual robes of their own country, surround them with the accessories of their own weapons, utensils, and other appendages, and form a museum that shall give to those whose pursuits prevent their travelling an opportunity of seeing at least faithful representations of the different races of mankind. Their first example of the perfection to which such modelling could be brought was in the production of a figure of this New Zealand youth, which was so faithful a copy of the original that for a few minutes it was difficult to say, as they stood side by side, which was the original and which the copy, or which the life less and which the living figure. As a triumph of art it was admitted to be most successful. Among the distinguished visitors to the Institute the name of the Countess Morska was mentioned as having examined the whole establishment with great interest, and manifested her approbation of its plan, object, and design, by a very unequivocal proof of her desire to con tribute to its attractions. The Countess, who is now in her S4th year, with the possession of excellent health, and the enjoyment of all her faculties, is on avis , it res of pleasure to England, staying with her suite at i‘ lisa Hotel, and making daily visits to the palaces, mansions, gardens, and galleries of the R o y al Family and prin cipal nobility of England. Her before the es tates and domain formed part of the fated Poland, country, but are now included in Austrian Gal 1 . icia. The Countess pre sented to the library of the Institute, as a souvenir of her visit, and a testimony of her approbation and good-will, a splendid volume filled with views of her palace, its gardens, grounds, and subordinate establish ments ; all from drawings made by her own hand, and terminated by a series of floral groups of the principal flowers of the country, tastefully arranged and coloured after nature, accompanied by a " Treatise on Rural Archi i tecture," from her own pen, and a catalogue in Polish and Latin of the chief botanical productions of the region. The volume was placed on the drawing room table, and was greatly admired. In the course of the evening there were some admirable musical performances. M. Muhlenfeldt on the piano, and M. Selberberg, a pupil of Ernst, on the violin, played a charming duet of De Beriot's, with great skill. Mr. Moscheles gave one of his brilliant solos in the early part of the evening ; and M. Leopold do Meyer another towards its close, and each :was perfect in its kind— while the vocal music with which the intervals were filled up was varied and agreeable. The proceedi ngs o f the evening were terminated by an address, in which a brief retrospect of the past session was followed by a sketch of the proceedings contemplated for the future ones, and from the enthusiasm with which this was received, it was very evident that there was no want of zeal or cordial co-operation on the part of the members, to sustain the Institute in the full vigour with which it has hitherto been carried on, and to make its future sessions as agreeable and instructive as the past. PORTUGAL. SOUTHAMPTON, AUG. 5. —The Peninsular and Oriental Company's steamer, Royal Tar, Captain Henry Foster, arrived this day, at two p.m. from Gibraltar, bringing the following mails :—Gibraltar, .1 - n:y 27, 7 p.m.; Cadiz, Sunday, July 28, 10 a.m. ; Lisbon, July 30; Vigo, Aug. 2, 4 a.m. Her dates of departure are as follow :—From Gibraltar, July 27, 7 p.m.; Cadiz, July 28, 10 a,.m.; Lisbon, July 30, 5 p.m.; Vigo, Aug. 2, 4 a.m. Ships of War l ving at G ibral tar.—Her Majesty's ship Formidable, with flag of Sir E. Owen, the Caledonia, the Albion, and the Heela steamer; the Albion and Ueda left, at 10 a,m. for Tangiers. The Danish frigate (10101).• Thetis, a id brig Nlercuriui ; the Nor• weglati• frigatt , . ;and tit fee 1 7 trheli 5 tea i),-.• oe Vessels passed off the entrance to Vigo.—The Y. and 0. steam-ship Tagus. Specie on board.—About ten packages. List of Passengers.—Lieutenant Anson, R.N., Mr. Burney, Mr. Goodsir, Mr. Murdock, Mrs. Murdock, Captain and Mrs. Beale, Mr. Ledsame, Lieutenant Lord C. Butler, R.N., Mrs. Gordon, and four Misses Gordon, and servants Lieutenant Douglas, R.N., Mrs. Garcia, Mrs. Richardson, Mr. Daral, -Lieut. De Plas, (French Navy), Mr. Furby, Mr. Kendall, Mr. Custance, Mr. Javares, Mr. Castilho, Mr. Demen, Mr. Murdock's two servants, two soldiers of 79th regiment. LISBON, JULY 30. By the ship Desengano, which arrived here from Angola (on the western coast of Africa) on the 25th inst., accounts have been received from Loanda to the sth of June. On the 27th of May an armed boat from the Por tuguese corvette Urania, had captured the Brazilian brig Cacador, at the mouth of the river Dande, with 850 slaves on board. The prize was taken to Loanda to be judged. Another Portuguese ship of war had captured the Brazilian schooner Francelina, which, though without any slaves on board, was found com pletely fitted out for the slave-trade. The endemic fevers were raging violently when the Desengano left Angola, and several Europeans had fallen victims to them, amongst whom was Mr. Thompson, one of the English Members of the Mixed Commission. Mr. Clinton, the other English mem ber, having very imprudently gone out shooting seve ral days in succession, during the greatest heat, was seized with the fever, in the delirium caused by which he destroyed himself by cutting his throat with a razor. He was buried at Ponte d'lzabel, near his own residence, and was attended to the grave by all the principal people of the place, the pall-bearers being the Governor-General, the Chief Civil Magis trate, and the two Portuguese Commissioners. The Portuguese officers, who emigrated into Spain after the suppression of the recent revolt at Almeida, have been informed by the Spanish Government, that they must either quit the country, or submit to be sent to Majorca and Minorca; and in consequence of this intimation many of them have applied for pass ports to proceed to France. This step, there is no doubt, has been taken at the request of the Portu guese Government. The Finance Minister has succeeded in obtaining a loan from the " Union Commercial," of 350 contos, to be repaid out of next year's revenue, with the enor mous interest of upwards of 30 per cent. The heat at present here is intense, the thermome ter being every day as high as 98, and some days up to 100 in the shade. The Duke de Palmella is recovering from his severe illness. COURT CIRCULAR. WINDSOR, MONDAY.—Tho Queen and Prince Albert walked this morning in'the pleasure-grounds of the Castle. Her Majesty and his Royal Highness also took an airing in a pony phaeton. Their Royal Highnesses the Prince of Wales and the Princess Royal were taken a drive in an open carriage in the forenoon. Her Royal Highness the Princess Alice was taken an airing in the gardens and slopes of the Castle. Sir Henry Wheatley arrived at the Castle this after noon, on a visit to the Queen. His Royal Highness Prince Albert, attended by Major- General Wemyss, rode out on horseback to-day. The unfavourable state of the weather during the whole of the afternoon, prevented her Majesty and Prince Albert taking their accustomed airing. Her Royal Highness the Duchess of Kent dined with the Queen and Prince Albert, at the Castle, this evening. The Duchess of Cambridge and the Hereditary Grand Duchess of Mecklenburgh Strelitz, paid a visit yesterday to the Princess Sophia Matilda at Blackheath. The Duke of Cambridge and the Hereditary Grand Duke of Mecklenburgh Strelitz, attended by Baron Knesebeck, visited the Traveller's Club yesterday, and afterwards honoured Astley's Theatre with their pre sence. A Cabinet Council was held yesterday afternoon at half-past two o'clock, at the Foreign-office, Downing street, which was attended by the Lord Chancellor, Sir Robert Peel, the Earl of Aberdeen, Lord Stanley, Sir James Graham, the Chancellor of the Exchequer, Lord Wharncliffe, Mr. Gladstone, Lord Granville Somerset, Sir Edward Knatchbull, and the rest of the Cabinet Ministers, who remained in deliberation above two hours and a half. LYCEUM THEATRE. A new grand burlesque extravaganza, from the pen of Albert Smith, entitled Aladdin and the IVondelful Lamp; or, New Lamps for Old Ones, was produced at this theatre last evening, with the most brilliant success. The dialogue is full of neat hits at the follies of the day, every one of which was given most effectively, and told as well as the author himself could have de sired. The cast, too, was remarkably strong; with Mrs. Keeley as Aladdin, Miss Woolgar as the Prin cess, and Keeley himself as the Enchanter, a piece of much less intrinsic merit would have been certain of success. The Pas de Poisonation, in the last act, was most effectively given by these three ad mirable artistes, and at its conclusion bouquets and wreaths were showered upon the stage after the most approved fashion of her Majesty's theatre, and were gathered up by Mrs. Keeley with a most Perrot-like air, and handed by her to Miss Woolgar, who received them with a most Cerito-like grace. The burlesque upon the Pas de Fascination in Alma was complete. It is needless to say that the dance was rapturously encored. As a spectacle, this new burlesque is most gorgeous. The procession of " female warriors in coats of mail," attending the Princess to the bath, was very fine, and the ladies went through their military manceuvres with a neatness and precision which reflected the highest credit on the drill-master to the establishment. Tho marriage procession of Aladdin, in the second act, was a most magnificent spectacle, and the flight of the palace with its inhabitants through the air,- is one of the most wonderful mechanical contrivances ever exhibited. Alladin follows in a car, driving twenty four (Sylphs) in hand, which car has been furnished him by the Genius of the Ring, Al Widdi comb, who appears whip in hand, and who, according to his own account, has been the Genius of the " Ring" ever since the flood. We cannot close this notice without expressing our admiration at the Kasrac of Mr. J. W. Collyer. It is one of the most perfect pieces of pantomime of the sort we have ever seen; he is the very beau ideal (if we may be allowed the expression bean in relation to such a subject) of the Afrite of the Arabian Tales. The house was crammed to the ceiling, and the Keeleys and Miss Woolgar were called for at the fall of the curtain. Aladdin is as great a hit as Open Sesame, and will carry the Keeleys gloriously to the end of the season. ROYAL. SURREY ZOOLOGICAL GARDENS.—The re nowned General Torn Thumb made his first appearance in a balloon yesterday afternoon at these gardens, and despite the weather, attracted a vast number of persons. The balloon was constructed and superintended by Mr. Charles Green, the celebrated aeronaut, and the appear ance of the Lilliputian hero, as he stood up in the car , bowing to the visitors , was singularin the extreme. Ho will repeat his performance on this evening, Wednesday, and Thursday. NEWLY-INVENTED SPECTACLES, TELESCOPES, OPERA GLASSES, M ICROSCOP E S, 97 Alb &c.—Messrs. s e t s r s e r e s t . S. arid 13. Solomons, Opticians, 3 Picca dilly, have succeeded in effectin g a most scientific im provement in Spectacle and Telescope Lenses, &c., of the greatest transparent power. The extraordinary advantage derived from this invention is that vision becomes preserved and strengthened and very aged per: sons are enabled to employ their sight either by day or candle light at the most minute occupation, and can see with those Lenses of a much less magnifying power, nor will they require the frequent changes to further helps as the Spectacles now in common use. Also newly-in vented Achromatic Waiscoat-pocket Telescopes and Opera Glasses which are invaluable at the sea-side and on the race-course, as well as at the theatre, &c.—Every kind of Telescope for Shooting, Sea purposes, and upon stand for astronomical observations with the celebrated Lenses of the most clear transparent brilliancy ; the powers are so great and the Lenses so bright and bril liant that minute objects at an extraordinary distance are brought completely under the eyes.—Sportsmen, Tourists, and sea-side visitors will indeed here have a great treat. Their invisible Voice Conductor givesim mediate relief to old standing extreme cases of deafness. Caution.—Messrs. S. and B. Solomons, Opticians and Aurists, are not in any way connected with a person of the same name in their immediate neighbourhood, nor in any part of the country. To prevent mistakes, be cautious, and observe.—Only to be had at 39, Albe marle-street, Piccadilly, opposite the York Hotel. WHAT PRICE WILL - 11 HEAT FETCH ?--The only time (1826) when reaping commenced so early as the 22il of July, it was succeeded by a very wet season. This may be the case in the present year. Nothing but extraordinary bad weather can prevent abundance, or sustain prices of wheat from falling very considerably below their present level.— Welshman. TIIE BIRMINGHAM BANK RORDERY.—Warner, the clerk in the establishment of the Birmingham Town and District Banking Company, charged with stealing 1,2104 was again brought before the magistrates of that town on Friday last, and fully coulmitted to take his trial at the en maing Warwick as I