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

E.ws chabanne t ' o ' vturning re • ties daps s d'APP9n.; he ginis tQ f i hance llor 0 l Friday, at lie birth. dale inpapY f tw.ebe Alen o Minister of, r slou 1)-; M a the rues ; Seb3stian! louot .h 3 P inner ' slue ifarsh al Qllp;.°Poso the I . g i a nd, foll r ow lv e d , r L0r47 0 ° , 0 1 .re stai i : t ire id the entire betitti ll g " in n s by oted lane is ger !. His su a nd till LbSelt.' 5, COM, MiSS „T i :Si` LtS 56' who a n ew i ths be e ! l ' ls e' b arg2j ed lye Sbefora s to g ° amen ; • na be r bells 3 , here alonia" b 0 be take Wel" rOsi DO ° l , o . JO , fr°; tll O . 1 ' OP— of ,4 °^! -~wr - -THE STATE TRIALS. DUBLIN, FRIDAY. (Continued fry:; T.':e Sun of Saturday.) The crimpJu•-•-•• • ' I it after -1 • • - 6,l cm sa'(,, that was unnecessary . for him, tae most ahk end elaborete jadgnient given by his rc allective and resp - cted beet liren, who Preceded hi m , to make iltlatiatay Y t QL : s t 2rrati "s in deliveriog hi s j u d gment. I t was hi s -° the Public, and to all wh o were i ntereste d i n t h at tr i a l , 1:(o endearcur to compress what he had to say within as nar a coinpas e as possible. Ile was the more inclined to pur hasne,l tii i i '' 'onrse upesi Os principle accordi n g to w hi c h he uth erto conducted Linise:f during the discussion of that motion. It would, he presumed, have been ob -I',e.,rved by the bar and others who had attended the lit enssion of that motion, that he liad s as far as possible, eb iantlaaeidase:iiii,ffittileirlisei:,l,tsetr.foeTice in the case. He had hitherto nor comment, preferring from mo ti.eti ~ - flute.Y, and upon personal grounds, to leave to his r Len upon the beneli the consideration or the correction c s ,' , zuky imputed error or mistake into which he. might have t li l i l den in the charge delivered to the jury, as the organ and e head of the court. If the error ok• mistake had been committed it was fit Unit it should be corrected ; and if the !lisparties were entitled to have it, and no one ought to be, and s trusted ne one el - ould be inure happy than he would to have rnigshetrror,sror ipistakes rectified and justice done according to Pll.rened during • tins ltWpc th.es h p , e r, l , ia r ? .s z s idopted the course he had hitherto of that motion, and except as lt, listener lie hed taken lie part. Those concerned in it should no hint thi just ice to cenfess that they had not been inter treutted, and this tray the only commentary he made or in • the P4 " malic upon t hat part of the case. With regard to li,,igeecral object and file conclusion that was to be conic to endll i. t li l i i , i o s n sti ti l l ij i :c 3 t u , l l2 j e ce. f ie, lt 11 ;at, ha was bound conscientiou:ly, b ier n t the discharge of his duty, to give his opinion and jinig it end be did therefore say without ;Ittati,l-ication thet he concurred altogether in the view taken 1 Y '3 brother Burton, and in the judo-merit which he had de lvered es 6 Iliad ' - "ow, it was conceded, that if a proper case were trial•°at' tbc Court would entertain a motion for a new ao,a la a misdemeanour case : in a case of felony it was not essi e T l ,uoti a trial at lei r. The Attorney-General had con at. • tnat proposqion and that very eminent and constitu t'll lawS.er, Mr. Erskine, afterwards Lord Erskine, thus \vri t , ‘ss•e-it the rule :--.., The ' attainment of substantial justice aetcl (l de ei'lPdly the ruling - principle upon which the Court a ne,‘ ,. that in civil eases jitilgtss had sometimes refused to grant . uponup on t rial even where the verdict was against the law, if the whole they -saw that substantial justice had been intes.,,`;l,4,rticri, in - criminal cases, where the Crown had no oxe ls ",i's' out the attaining of solid justice, the Court would eerisai - or I t hiS pow er for the purpose of attaining it, and their e 1 must necessaiily be co-extensive with this great thoe s i d Ir',l Renyon, the presiding judge, said that "ho that i n tim rule was correct Iv stated by defendant's counsel, ref eat - Mistin g a new trial the Court would either grant or of h ar . 4 „, ll ”r trial, as either would tend to the advancement_ 'With 4 ; ;: - • ' Thus, this great and eminent judge concurred reg ar Va groat rind eminent lawyer in the rule of law with v tirrii to the granting of a new trial. Agreein and e?n t - Prjo i l 5 In the principle so laid down, and applying that tot e P e to the present case under consideration, which was e a ' n 'a d all the ben ch the r ( e lPt t f : el i s l v i e cl ed da r. “t o i: o tn3 f f0r1 , 3 . been new ( trialLi convicted, conspiracy e a d,lsord Kenyon ca a ;tar aultict, un i o - i n x . , c Hel o .".() t n:beat) t i o he th ru e c le on fi sl r de a r a t n i e o wn trial should - vhi a,' l n i c a new- trial was applied for, and he to 4.! Pass oven ..' bsiefl . • I's possible many s of them, in reference th ' e ll all the C . • 3 ‘ hate already concurred. The first of ege ;. snsrt Of At "! Point of err'ord as the alleged mis-trial. in consequence 401,„%itighy having sworn as John Risiby, instead of sets:,‘,4,4soit Ligbv - He could not add anything to the ob liedeptLns which . had been made upon that futile objection- tea si,e circumstances he said most f u t i l e; an d h e concur - Is e ,. " I 'together under the circumstances of the case, there tea„ l ? ground whatsoever for the parties then complaining 111 5( or. for or obtain ft new trial. The second ground was Itoi nee a ll alleged error having been committed in l c l o t ns of tiot tia ,„ ° f an order made by the Court upon the • h B llis . ',., .18•14, exteudires the length of the trial into the en the 1, Vacntion: It was ' objected to both upon the ground of Isen't°°taliciency of the language of the rule, and also for the akin erjurisdiction in the Court to make an order at all the ,„ ti ,',.sotiject. His Lordship then observed, having read that (tie of the Attorney-General upon the subject, tra_ Vess,r"'e oljection urged by the counsel forthe in Word 3 was a futile objection ; the order made complied h e sli a l. au t l he would say in common sense with the Act, and kigh t i ' no reason to entertain a doubt that the Court were *owe making the vacation a part of the term. But he ilpon the.! with respect to any such mistakes they were hant record, and the traversers would have an opirr tieo 37 , ct. qpealing tact a higher tribunal. The next objec refer tree taken on account of the venue ; he need not Ihe 1`) tie cases which established without controversy esib„,4et. that it' there be evidence of one overt act cMiq ee mniitted w i t hi n any specified. locality, that was thi s e:' lilt eient to lay th e venue sat isfactorily. For Ilersli.-I°ll, he would add no more on this point to the ob qoa ' l cels that lied fallen from his learned brethren who . ti4reeedd him: . lie also concurred with all of them in the ae sit tg there was nothing in the objection on account of itgreslaration of the jury, which had been acquiesced in and t sltas rhot° bY the counsel for the traversers. The . next porn .'e (th otnission of certain names on the jury list,. and, t as h 4 1 ,1 ta e d Le aroed Chief Justice) viewed the case now, altar imadee,,-43,e,alnents laid before the Court and the observations i s 'r itbe7,,,,ee Subject, he must say he saw no reason whatever r pd 7"ng fraud to any one on either side. The subjec til of 9 j --4 ,,„ tw ice before the Court-first, on the motion on he s Zsai os -- "ParY to quash the proceedings, and, second,. on the bench( ' plea in abatement, and he found nothing the Aer Urged to induce him to alter the judgment o t f the ret`ttlivered then on that point. The next subjec was e i ihl l . ~Is t iols of evidence that was contended to he mad Now, . .t i th 1 e l ls ...__ i lrhe st e li fi ter,,st was especially a very material question. Place, he had very great doubts as to the truth of t' ll ves a „;‘ ) ellt, that it was not brought home personally to the , cell 1 ,„1: on. the contrary, it was his opinion ,that it had l '''' ha,,B' S atisfactorily done so. The document contended i i : l r i r s 4. e :s e t t a i s tl n eg o al b ll iis i d d , mitted was what had been called a nor anything like a ballad. It pur- I te 'i4, ",Il the face of it to be a history of certain pretended .oc, ',el horror enacted at Mullaghmast. Now, let them i , °°, 4• 4 , i ti l nature of the meeting held there. It had been y s 'etl4- ir, oYAIr. O'Connell and the Repeal Assaeiation, and iliailltir authority the document in question had been i s LeL'l,_atld extensively circulated throughout the meeting. s f ' l l l ,, b --truip thenproceeded to express his concurrence with . iZth te a - h t ert In their views of the various grounds upon ror• t - Ow trial way views ht, such as the misnomer of a s Ore 'tfie"e, e xtension of the term; the om i i i. ssr b a rn al to .. 34, 7 list, &c. in reference to th f e n 6,7u e rt ° , l the r , (l,- concurred: The next topic was the reception d t e l t essePPaPers Brothers Crampton and pur on t : -4, 4 --.: their O . T . n ion that they were evidence, no Ira, t il l ! ls _ t r A lessi - 2Barrett and D . uffy, but all the traver tiPreB, ,:q,reed with them both in fli ' at opinion, and would ~'t th.'"e grounds of concurrence. It was perfectly plain (7-:ls. Aronen`iiiii“Tili of seditious and inflammatory documents • s'n. • 'bal n done in the furtherance of common le i f , tt, was - t, ard,,, s not in the nature of a confession, as the letter C r rett `, ease, nor of a narrative; and the publication by_ Nu ...4 ' a Material act done by him in the furtherance of t o IN __ .. . "ere, m , 'mg criminal purpose-and that . qu sstlon, like all 46 4 tur e . t, left to the jury. This publication being of that iC te iss ' it,i n w es hy everj:laid down on . the subject clearly fi was agaittst Mr. O'Connell. He did not mean to say t - t ' 43, rAttZte-I.usive evidence . against . the traversers. Mr. t' w e'l tl , r , n ight have brought evidence that he nrer !it- Zk'lc'e • bu t '' lneetine• or made a speech, or one of teat escrip oeke 1 , 1 ,e liad " Croughtferward no such proof, nor . made i k nen, " t° that effect. Barrett, as the agent ot_ht n . tls, t FttatPablisbed his speech in a newspaper, and maki ee t henent as the aeent of Mr. O'Connell, that state g 'as. Fazile evidence against Mr. O'Connell and all the smaossPlrators M te le -loti on, • ]11r• O'Connell was the leading member of the t s i s Nie s theme chairman of the committee which_ issued the 4 21 . 1 tetr s .. rePeal wardens, one of whose rules was, that cer b,"‘„tvekti,ers, viz., the Pilot and Freeman, should be as ex hets°esetils'i,e_ulated by t hem as possible. To this document, Mr. k Asos o ened his name as Secretary, and thereby became Vi e lll t-- , 1 ; o t " the deed; but-and this was a most material ri e : i t t.,f this had been made at the time to the recep iii,,i4de ll'i evidence, all the traversers' counsel had spoken utirohoei.4' o ltjection. It had been !aid,. indeed,. that Mr.had s ee b Y s relef7„, bad objected to its admissibility, but that Noe to the analoy between the newspapers and the ' hi"' h e ' •" the letterrwa held to) be in Hardy's case. 1 / 4 14 a t 110 d it . 4metl - ' l 4 t he a' a et t r io , tri al, and in a tangible form, Ti li t;e 1 , i,,,,get then be given, or, in he case of a_ charge, the e4 at 3 Ilri4", retract, qualify, or explain . what he had at tec e 4 ' In h' e „ was applicable in misdemeanours as in civil tioOti s er i,. 41 1 itnd Manning, Bligh's Parliamentary Reports, See l 'ees ts s ' Paste 22, Lord Tenterden overruled the obje . c- Owtte, eit had not been sufficiently specific. The Chief ae'ethiaueu4tltitinucli length, adverted to the speech of Mr. jc t ., °tit, 0, trade at the trial to show that he adopted the_ s "ea 4 wpe and that at that period no ob agi °us I ex a m s ( aii t irged against the newspapers being evidence_ , 1 4t th e .Ite traversers. He, therefore, utterly protested -1 4 , i . tau lit , t mirse now adopted of reserving such an objection se (18 , i n 48 after the trial, and the judgnient in the House of f•4 l 4 e.ol4irsee4e already referred to, was an authority . against se erth e . et. practice He (the Chief Justice) would not the 3 , ra. T i,,,,,, this • _ ' 4 SOI , \.at'." ease. He meant to say nothing about rerf 44 tiect lun s or arguments which had been made upon iieetly ',latter of the charge. He might have which so (le ; b °Psistently with the . stat , ion_ . and situation which he 1 l'ati e 4 t it wa. , s tft t „ ll or i i; s More gratifying .o himself that the consi 4cte u ."" hj I ~,,s ,c onduct in delivering that charge shou . ld be Itrfit,""1111LTIell Brethren to whom it had been submitted. l 'lt''s oe - ^e lio remarks ' upon the course adopted in the ,4.t 11 4 , 1 the ziotim• but would only say, with regard to to t• cl ili tl 4k " PiiieeAst that respect, that he entirely con -Itit %al l r le decision which his Learned Brethren had come 1 : the;' to the nature of the charge. The Chief Jus ther43', enter into a ‘ review of the case . of the Rev. Mr. tarelliit4t'l c oincided in opinion with Judge Burton as to I . li i t h(! 01 1 ,, i t - iie. eaalt not bing disturbed. This being the t 44 0 ..A.1 , -- ror , 1 " 1 1 for a new trial must be refused generally. 3t,teteeenttitot;esttvec-ittsyi.Ea tr, here rose and said, after what tw ' o members of the Court it is not tli at lvitb I ,' to call for judgment upon the Rev. Mr. Tierney; 41 this eZretet to.the other traversers I have to request J er i ; Quae. will •fix to-morow for the giving of sentence / ritl i i s ge CI L ", 11 ekreue'Pl'(''s--Do you mean to enter a nolle r.rosequi 1 41, 1 e 4e le hi m ? s liti i Nt of :IN"' Gs:NEI:AI ° I was - not aware until the i44lLaZitn_spon'Zeesuti.r.t had been . given that . the Court was i t : Jua„ ' stat e , , ~ jeer of his case, and it will be sufficient 4 1' onteat , but t I do not intend to call up Mr. .Tierney 1 ,, e tnt ereci as to the precise manner in which this filltitit"ge e ttk on the record, I have not yet decided. et zNet 1:1111). -N-As this is the course to be pursued the Lei - „Dini..) this particular traverser, I have to observe 1111111,,i44161::Art::::,e0:ilibeer.retohrnaalt)uNgriis: with '11 a 14) the o t , "stice in refusing the application of a new ti t l -G 1.3 * nit:i.,-I do not mean that any judg over Mr. Tierney ; but, I must ,i',,1 ,, w;;‘;',,, reeference to the state of the recorci generally, _ liiteleeeit),,,,,‘Lit_Por?eeeding should be entered. t t let tirtlasromit-isrl.N6--,l,ain satisfied. tln se nt °t er defe I.zsritAL-Then your Lordships will di- A .u. _e riee 0,,.. n.dants to attend in the morning to abide 4 1 - 1 1, 1- ll.A.T err i : 'tic! Court. of . re onn 41,1,, , (4 . 0 • . i t ,Ilui gni Rd, said it ~ in the absence of the traversers' read t ., o, Qnt ; Hilt, was their intention to move in arrest le ad faet mzuy to rt , s,a preliminary to that, they considered tta i 3 whi ch , t the postea amended conformably to the .., tt en 8,.,.. oad tak en - triuri,t e .V,hl, on the c place, and a notice to that effect jAiiiiilti4_,.rtillet4;:ertLo2T---hle'hi:;llli not stop your motion in arrest postea must be first set right. Itr g ' k; itaitti I ttne . Ilivrei I.Qx----Tliat will not stop your motion. e._ tid ed, 4 1,11. t. observed t i a te tillt:wil s o i f l t o i_77,6 „ :l, , e, „tn. inTae,nr arrest f t the s judgmentstew should coald h b e e m fi a r d s e t itt:..,ysedist,tA ,;:; taxmperecidtinvelne " er, °4 the '" ' ts they a . ago they served notice on c, m a r t t the vo a n l o d ti d c I ttlr e „ 4 ,l l ll,B e ur I ' Trotg here looked required. -etia 2- 4- , seq of notice, and questionssaid N r th ? and the first matter in the notice was t it t. l. 1_ , I : ~,_fe nL j,,., er, reeference to the separation of the jury. o d isc a `,, Tr\ Fd that the motion for amending the i,t, t e c it4s. ‘i slinitt ary apnlicat' the (is 9 4‘11,0,.e ,over. • e Mitt not hear the same matters I,itsee s t t‘vi _s , Pa 0x..._ w, ..„, . ion. Ith-- iillclissiO'Nq'GrllF:uat said he did not'apprFhend that q (lee k ot the notice w I la ar rest ~,, , 011 d take much time, or the v. jud gment, and therefore be required that the traversers should be in attendance in the morning and the arguments proceeded with at once. Mr. HATCHELL 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 jury upon the several issues sent before them. Justice,CnnAivrox asked what was the object of the motion. Mr. WiirrEsinE 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 ATTORNEY-GENERAL 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 on 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. He 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 should 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. _ Mr. MOORE, 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 yith the approval of the Counsel for the other traversera ; 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 JUSTICE 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 fur a new trial. Justice CRAMPTON, having read from the report of the trial what had occurred as to the separation of the jury, expressed his concurrence in the opinion of the Lord Chief Justice. Justice PERRIN 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. O'LOGHLEN said he was as Counsel on behalf of the traversers to move in arrest of judgment, and, not anticipa ting that the motion for amending the posted 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. O'LocumEN 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'Loommx.—The objections would arise in the shape of a general demurrer fo the indictment. The ArronxEy-GExEnAL 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 trarersers did not go on till Monday, it would be difficult for hi.i 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. O'LOGHLEN 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 poi t 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 stated 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 and one of his 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 pare 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 s may have concluded that certain seditious speeches were spoken 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 eve 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 tiente 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 leads 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 the 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 hand ; 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 most prominent subject of the judicial difference,and as it related to the case of the principal defendant, and constituted the principal ground upon which he relied for the success of his application, we shall take the liberty of making a few observations upon the subject. In 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 upon their trial for haying conspired with Ur. THE SUN, LONDON, MONDAY EVEN I Nti, MAY 27, 1844. O'Connell, and as the papers were evidence te6peetively 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 as, therefore, being acts which ) according to the law of evi dence relating to conspiracy, may he 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 7 : 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 ladduced 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, he 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 presume 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 accounts of 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 newspapers were false, 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 had arrived. 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 Pollen, 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 Thile, 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, Buc,cleuch, Montrose. Duchesses—Sutherland, Beaufort, Roxburgh, Norfolk, Leinster, Buccleuch, Montrose. • _ _ Marquises—Salisbury, Normanby, Kildare, Ailesbury. Camden,' Lorne, Iluntly, Angles 4, 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, Tankervie,Malmesbury, lladdington, Delawarr, Wicklow, Morton, Euston, Powys, Minto, Dowager Mansfield, Ashburnham, Dartmouth, Guilford, Eldon, Bridge water, Brownlow, Kinnoul, Grosvenor, Manvers, March. Viscounts—Strangford, Cranley, Sydney, Canning, Leve son, Fielding, Folkestone, Loftus, Jocelyn, Lewisham, North land, Palmerston, Clive, Barrington, Stopford, 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. Lennox, Heytesbury, 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 Some rs et, Clemen tina Villiers, Elizabeth Palk, Lucy Vaughan, Georgina Curzon, Georgina Codrington, Caroline Lennox, Duff Gorden, Dowager Rendlesham, Adelaide Paget, Eleanor Ashburnham, Eleanor Balfour, Caroline Dancombe, 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, Polly, 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, H. Cholmondeley, General Upton, G. Dawson, F. Leveson, Finch, Colonel R. Trevor, Jocelyn, Captain aude, C. E. Law, C. C. Cavendish, S. Ponsonby, Cadogan, R. Curzon, F. Charteris, Colonel Fitzgibbon, A. Liddell, H. Liddell, M. West, Spencer, 0. Duncombe, H. 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. Mesdame - s—Norton, Maude, Wyndham, Herbert, Montague, Dawson, Law, Vere Fane, Liddell, Rous. Hon. Misses—Smythe, Copley, M a y nar d (2), D uncom b e (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. B. Johnstone, H. Wheatley, E. Bowater,Gordon, W. H. Hardinge, W. James, W. C o tt on , 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. Codringto n , W. W. Wynn, C. Dom vile, C. R. Cockerell, F. Head, A. Barnard, J. Williams, J. R. Reid, H. 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., Verschoyle, V. Fane, Liddell, Graham, Peel, Brown • rigg, C. Fane, Bonham, Drummond, W. Egerton, Dundas Greville, Sandford, Mildmay, C. Drummond, Grenfell, Leslie, 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, Cornewall, T. Egerton, M.P., Cox. Mesdames—Verschoyle, Balfour, A. Capel, Beauclerk, Cun liffe, Mills, Dawson Darner, H. Twiss, Fellowes,tll. 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, Stanhope, Balfour, Bowater, E. Balfour, Wheatley (2), Ross, West (2), Farquhar, Gore, Fielding, Ouseley, Campbell, Steele, DufWordon (2), A'Court, Har dinge (2), Beauclerk, Crewe, Darner, Drummond (2), S. Bourne, Seymour (2), Fellowes, Mactavish, Morier (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. ATHANASIAN CREED.—Patron Paten was so averse to the Atbanasian Creed, that he never would read it. Archbishop Seeker having been informed of his recu sancy, 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 - affoid it ; he be lieves at the rate of seven thousand pounds a year, and I only at fifty." 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 he 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 be advis able to postpone it altogether until a jury shall have decided which of the two claimants is entitled to the stakes. 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 pet to the grand question, that instead of four and five, and in some instances ten to one on Running Rein, the odds are now six to five on Orlando. We hear that Colonel Peel has already commenced pro ceedings, 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 tie 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 mcst 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 o f O x f or d- s t ree t, 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 hi s death-blow from Running Rein, and stranger tha n 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 ono of them lays 30 to 1 against each of 40 horses, he 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 l as t. 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 &party deceased has been settled. The general rule appears the safer course. Every one admits 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 beimproper to make public as the case will be submitted to a legal tribunal. SIGHT AND HEARING—TESTIMONIAL. From T. J. Pettigrew, Surgeon, F.R.S. to Messrs. S. and B. Solomons, opticians, 39, Albemarle-street, Piccadilly,—Gentlemen, I hive 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 formally 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, vary 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. Solemons, opti cians and aurists, are not in any way cennected with a person of the same name in their immediate neighbour hood, nor in any part of the country. To prevent mis takes, be cautious, and observe—Only to be had at 39, Albemarle-street, Piccadilly, opposite the York Hote BENEVOLENT TREAT.—Some time since Mr. Baily, 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.—An odd sort of relationship was 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 younger widow lady still in the person,Thut with the short time after a son of this man, by a former wife, be came mother also f in th love, v father'se not with n ew a wyiofe„li bloom of life. He offered himself, and soon the young 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, mid 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 . fatherCaledoni an M ercur y. THE REV. MR. WOLFF'S MISSION TO ROEHARA.— We have the gratification of announcing that intelligence has reached us l by the way of Trebizond and Malta, of 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 furnish e d hi m by th e Gover nor. The most perilous part of the j ourney , ex t en di ng over a space of 300 miles, was yet befo re hi m; b ut h e appeare d 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. LI TERAT URE. CO.NINGSB Y. 3 Vols. Colburnl 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 and 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, "r that formed such a dr aw b ac k t o hi s 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 de 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 than the 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, have 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, Jive 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 b o th Houses 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 privileges but 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 growth of a more generous and enlightened system of policy—to substitute sterling principles for shifting expediency, hope for despondency, action tor lethargy, things for words, truth for sophistry ;—such seems to us to be the leading object of " Young England ;" and though this political confederacy is just now but limited and comparatively uninfluential ; though it may 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 o far too highly coloured, and are rather more Oriental than English in their tone. Of the personages f his story, the best—because an evident transcript from Tory hack, Rigby —an real life—is the portrait of the shrewd, bustling, speaker in the House, and has contrived to wrig glebobscureut himselfn his cringing submission to his aristocratic the Privy Council, and attach "Right Honourable" to his name, by dint of his intrepid im pudence, " slashing articles" in a certain Tory Quarterly periodical. Of the character of Sidonia, which is t Trisheira very cadventurer, scrupulous who evidently a favourite with the author, and on which he has bestowed great pains, we may observe Lu as de te n rs ce, histact as a party 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. :Rigby was a Member for one of Lord Monmouth's boroughs. lie was the massager 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 obsc ure ; b u t h e had contrived in good time to squeeze himself into Parliament, by means which iso 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 he 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. He was just the animal that Lord Mon mouth wanted, for Lord Monmouth always looked upon human nature with the callous eye of a jockey. He surveyed Rigby, and he determined to buy him. He bought Mtn ; 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 ono could lash a wuman liko 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 ur 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 comp os iti on , so f u ll o f 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 content 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. " Rigby'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 oil as genuine coin, and took in great numbers of the lieges, especially in the country. They were wr itt en i n 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, may be sure the hit was in italics, that last resource of the Forcible Feebles. He handled a particular in chronology as if he we re p rov i ng an alibi at the Criminal .Court. he 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 offensive to pure tast e . A n d 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. Cole and he r 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 ITon. Miss Frances De vcreux, 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 Ron. 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 King. 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 Countess of Sheffield, 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; Ladles 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. 1)r. 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 of 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 DaviSll. 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. L oc kh ar t, M . P . ; and Mr. Forbs, 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 Exchequer on Saturday at his official residence, i n Downing-street. Mr. John Wood, Chairman of the Excise, was also present at the interview. Sir Henry Hardinge and Mr. Hawes, M.P., had inter views with Lord Stanley on Saturday at the Colonial office. The Marchioness 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 10s. between the duty on Colonial and Foreign Sugar (245. and 345. per cwt. respectively) is not enough—that it is 2s. per cwt. less than that offered by the 'Whigs, who proposed 245. for Colonial, and 365. fur 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 Harewood and the London West Indians:share in the feeling of the "Dicky-Sams;" and the latter threaten loudly that they will turn Radicals 1 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 celeb ra t e the opening of the select vestry and the triumph of Reform principles in the parish. J. T. Leader, Esq., M.P., will preside, supported by General 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 TT N 1 1 .../ " - I.ll`. "7:1 n ) 0 ~..... i.,, ~.~, its ~._ r 7 r*•: 1 ENCOURAGEMENT TiacaiwkS A fil2n of the name of Walker wrote a begging' Letter letter to Mr. Charles Dickens, who was so touched: by the acc oun t o f n distress as to sendhim a sove- reign and a suit - Of clothe.;. Another application soon followed, whi c h succee d e d lik e ise to the extent of 21. 12s. This was followed by tl third, to the effect. that, having done so much, Mr. Dickt?. ns must do more, and a water-butt was wanted. Mt', Dickens: was unmoved by the want of the water-butt. ..11.- r Ts• Walker was then taken desperately ill, and succour wa - A wanted for a dying wife. This did not do. Nothing could be made of the dying wife. What, then, wai 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 anct akood 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, place& 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— " He went to 5, Mitre-street. The prisoner led him into a back kitchen, and said he was in very great distress, so much Eo 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 ascertained that the wife had really been very " Mr. Rawlinson (to Mr. Knyvett)—The prisoner has no doubt done 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. Ra;vlinson (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. lam 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 aro evidently a man of good education; but it cannot be denied, and even y ou a d m it it yoursef, 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 brought 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 thsehood, 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 which 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 consiste nt 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 it 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 en ouragement. The man is no doubt now set up, thoroughly esta blished, and protected as one of the regular profes sional impostors.—Examiner. 1 A NEW EPIDEMY.—ROMF , 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 bas 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 MANCHESTER. -- T hi° 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 I 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 shad 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 I 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, arid 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 IValles, &c. VESSELS SPOKEN WITH.— Grainger, Newcastle to Malta, 26th ult., in the Gut of Gibraltar ; Albinia, 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, 1I th ult., by the Ililbert, Bruce, arrived at Cork. Emu, China to London, March 28, lat. 12 S., lon. 11 W. ; Camillus, Bombay to Liverpool, sth ult., lat. I, lon. 2 W. Palatine, Batavia to London, 19th ult., lat. 18 N., lon. 37 W., by the Matilda, arrived at Liverpool. Isabella Margaret, of and from Bristol, 4th inst., lat. 46, lon. t 5, 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 ap.. 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.4 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.----SatUrdal afternoon there was a meetingin oefontsleieguLeandeye ofP a the tron greate s s the e ' d a e! was esnand Hanoverissued u f rr o spo r s y sadu o: e u i ods cl u i ao e a ff r r t vouchers; a o o h i d n siud s i Rooms, in believeyd appearedthat Ladythat je t r l s i e e y sec a o lo n n d e issue ia u e n h d ar e g m ed tan d d ou t b h l a e t . any is to W b e e addition to Lady Jersey's splendid quadrille of forty, others. have been formed under the direction of Lady 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 mare tied to the Marquis of Bristol, in February, 1798. Sir Andrew Leith Hay, has paired off with Mr i l Broadwood until the 25th June. 1 I I