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

t 7, b Mb( ittjein! SPIIZIT of the PUBLIC JOURNALS, ,'RO3I THE EVENING PAPERS OF THIS DAY. (; OBE.—The landlords—ever on the alert to serve themselves—are devising means to obtain a large slice of the surplus revenue which the income tax and the Chinese compensation money have placed at the disposal of the Minister. Not satisfied with even this sacrifice of the general interests at their shrine, they, by indirect attempts, would willingly fasten the income-tax in perpetuity unpon the en tire nation, if, by so doing, they could obtain the removal of the malt-tax. The increased consump tion of barley would—so the landlords calculate— enable the farmers to cultivate the growth of that article at a profit commensurate with high rents. Thus the landowners' incomes would, they are led to hope, remain untouched by the T ar iff an d th e C ana• dish Corn Bill of the Government, which threaten to lower agricultural prices, and consequently to peril rents. The farmers have not, it is true, responded with their usual unquestioning alacrity to their land lords' call. They evidently begin to suspect that the reciprocity of interest on which the landowners expatiate at agricultural dinners, is a mere one-sided reciprocity : that, whatever changes take place, the advantages to be derived from them are engrossed by the landlords, who avail themselves of them as a pretext for raising rents ; while the losses they occasion are left to be borne by the farmer, without compensation and with out censolation--except, indeed, effusions of wordy condolence, and exhortations to hope. But whether the farmers will second the movement against the malt tax, or regard it as a landlords' question, there is little reason to doubt that the landed interests will employ all their influence with the Government, and use all their power in tt Legislature, to obtain the object on which they have set their hearts. It becomes necessary, therefore, to guard the public generally against this contem plated movement of the landed interests. It should be met by a counter demonstration from the great body of the community. The whole scope and ten dency of legislation in former Parliaments bears evidence of the sleepless vigilance with which the landlords have employed their power in Parliament fur their own exclusive advantage. Under one pre text or another, successive Parliaments have yielded themselves to this powerful interest; and have so shaped their enactments as, on the one hand, to exempt the landed interests from bearing their fair share of taxation ; and on the other, to fetter the free operations of trade and commerce by restrictive dur,ies, in order that the produce of the soil might Le pn•tected against that of foreign growth. Every attempt to diminish taxation by reducing duties on the importation of agricultural produce from foreign States, and even from our own Colonies, ilas been invariably resisted by the landowners. Ir, on the other ha n d, a new t ax was to b e lev i ed, the force of the landed interest has been in voked to obtain either an entire exemption, or a partial relief, from its operation. The foundation of this claim set up by the landed interest to special fa vour in the distribution of taxation, is uniform ; it is, nevertheless, fallacious. Its success affords a striking illustration of what falsehood, if persevered in, will effect both on those w h o emp l oy , an d those who habi tually listen to it. " The peculiar burdens borne by land," is the statement put forth, and—in the face of facts which demonstrate its utter ground lessness—admitted to a considerable extent by those who, if they du not, ought to know better. This argument—false and selfish as it is—will be again used, as it has often been used within the walls of Parliament. In the appeal which will be made for the removal of the malt duty it will be put forth by the advocates of the landed interests as the basis of the claim. When pressed for proof of the assertion, that land is disproportionately burdened—that it has taxes exclusively or peculiarly its own—the answer is ready. " The land-tax is," say they, " a burden peculiar to land, as its very name imports." What, then, are the facts of the case ? If it can be shown that this, the strong-hold of the landed inte rests in their defence of claims to exemption on the one hand, and to protection en the other, is untenable, their case, as against the community, is overthrown. Let us then look on the land-tax question, with a view to ascertain whether it be capable of serving the landlords in the way in which they have employed it. Sir John Sinclair, in his work on the Revenue, esti mates that when the land-tax was first imposed in the reign of William the Third, and during the reign of that monarch, the amount contributed to the Exche quer was 34 per cent. upon the entire revenue—being snore than one-third of the whole taxation of the country. Mr. M'lntyre, in his " Influence of Aristo cracies on the Destinies of Nations," gives the sa me eetitnate. Sp ea ki ng o f th e state of England, in the reign of William of Orange, he says—" More than a fourth of the public revenue was derived from the land-tax. At that time the whole of the revenue was about 4,600,0001., of which the tax on land was about 1,300,0001." No fact is better capable of demonstra tion than that, since the close of the 17th century, land has increased, in the ratio of productiveness, to a greater extent than any other description of property. The incomes of the landlords have been doubled, trebled, quadrupled— within the last half century. The sites of large towns, and the land in their neighbour hoods, have, in several instances, increased them twenty-fold, thirty-fold, sixty-fold. Reasoning by analogy, land-tax should have borne an increase pro portioned to the increased revenue required for the ser vices of the Government. how stands the fact ? In the year 1842, the total amount ofrevenue was .52,000,000/., to which the land-tax contributed 1,200,0001. The land-tax redeemed since 1798 ought to be added to this, seeing the annual payment was sold for a value equal to it. If this be done, the land-tax ought to be taken at about 2,000,0001. What, then, becomes of th. landlords' stock argument, that the land-tax is a btu den so heavy that it ought to procure for land an exemption from the fair proportion of the public taxation, and protection for the produce or the soil at the expense of the consumers ? A third at the very utmost, has been added to the land-tax ; while the common taxes have been increased nearly twelve times in amount within the same period ; and this, notwithstanding the vast increase in the produc tiv,ness of land would have justified a proportionate augmentation of the tax which is referred to as its peculiar burden, in consideration of which it has a ellitn to exemption on the one hand, and to protection on the other! STANDARD.—We publish to-day another letter from the Bishop of Exeter, the first composition of the Right Rev. Lord that we have ever printed with re gret. The letter, which is addressed to the Dean of Exeter, might, we think, as a whole, have been spared, without any injury to the Bishop, or to the peace of the Church. Even supposing Dr. Bull and Chan cellor Martin to have acted wrong in calling on the public to arbitrate in the division between them and their diocesan, surely it was not necessary for the Bishop to imitate the conduct which he condemns. When a party challenges an umpire as incom petent to judge between him and his adversaries, a simple protest is his proper course ; and there is a - manifbst inconsistency in arguing before the offered arbitrator, to convince him that he is incapable of judg ing of an argument, if not unworthy to be addressed. Besides, the general objection to such a letter as we publish, there are particular objections which we cannot overlook, but which we cannot notice without great pain. In the first place, in this new letter—as through the whole of the unhappy controversy in his diocese—the Bishop, certainly from no want of can dour—for a more candid or honourable man does not live—but, probably, because attending more than is fitting to details, leaves altogether on one side the real cause of discontent—the innovation in doctrine, with which the attempted innovations in practice are connected, and of which they are the symbol. We believe that there is not a single in stance, except, perhaps, his Lordship himself, in which a clergyman, not more or less fa vourable to the Tractarian heresy, has taken an active part in promoting the innovations. In the second place, the Bishop, in his letter to the Dean of Exeter, seems to brand as schismatics all of the clergy and laity, that is nineteen-twentieths of the whole body of the Church, who offer a respectful, but firm resistance, to the changes introduced by the Tractarians. Now this, we humbly submit, is most ur.i•tA. Besides the manifest impropriety in lan guage of calling the compact and immensely preponde ating majority of any body separatists from that body, more than mere separation is necessary to constitute schism. Schism must he active and aggres sive, if there be any meaning in language ; here it is applied to what 's passive and inert. This the Apos tle very clearly points out in his warning to the Roman converts, to mark and condemn the makers of schism. "Now I beseech you, brethren, mark them which cause divisions and offences contrary to the doctrine which you have learned, and avoid them." Now here we have described as clearly as words can describe schismatics—they who cause divi sions. We have here no less clearly described heretics —they who cause offences contrary to the doctrine INCENDIARY FIRE REWARDS.—On Friday a pro which you have learned. And if a man were required clamation was issued by her Majesty's Government, to describe the leaders of the Tractarian move- offering 100/. reward, in addition to a like sum of 100/. meat, he could not describe them with more from Mr. Richard Eldridge, a timber-merchant, of truth and precision. No less, too, than the de- Canal-walk, Southampton, for the apprehension and con scription of the offenders is the solemn in- viction of the parties who set fire to some timber-sheds junction "to avoid them -" but if to avoid such belonging to Mr. Eldridge, on Wednesday night last. 6' in the city and in the field," above all, in the A stron g suspicion is entertained, but unfortunately not places of publi c worship, constitutes a schism —then sufficient to justify apprehending the suspected person. is St. Paul a teacher of schism. In the third place, ETON COLL EGE , D EC . 20.—1 n consequence of the vet must, with sorr ow , o bj ect to the time when, a , n marriages, durin g thi s wee k, o f t h e Rev. Francis Ed the circumstances under w hi c h , the Right Rev. Lord ward Durnf or d an d o f t h e R ev. John Eyre Yonge, both advances the authority of the Ch urc h . This, we con- i assistant masters at Eton College, two fellowships have b long and fess, is what we feared all along from the most un- e vacant at King's College, Cambridge. These happy controversy. The people have s will be filled up by the fellowships being given the a n pt i a t incf . the Eton School, Wright, and to Wool earnestly invoked the Authority of the Church ley, the senior scholar at Eton. Bank Stock _ _. 209 ..,.... 3 per Cent. Reduced ... 1001 New 31 per Cent .. ............ .. ... 1033 Long Annuities to expire Jan. 1860 12 1-16 India Bonds 1,0001. 79 pm. Ditto under 1,0001 77 pm. Exchequer Bills, 1,000/., 11d. Ditto 5001. Ditto Small ... 63 pm. Consols FOREIGN FUNDS. Belgian Bonds, 5 per Cent ...... Brazilian Bonds Buenos Ayres Bonds 6 per Cent 391 Chilian Bonds 6 per Cent. Columbian Bonds 6 aer Cent 144 Mexican Bonds, 1837, 5 per Cent 363 Spanish 5 per Cent. 1840. ; 273 Ditto 3 per Cent. ... .. 384 SHARES. Bristol and Gloucester, 30 paid Cambridge and Lincoln, 11 paid 23 Churnet Valley, 2 paid Eastern Counties, 25 paid 144 Edinburgh and Glasgow, 50 paid Great Southern and Western (Ireland), 5 paid 101 London and Birmingham (Stock) ... 239 London and Brighton, 50 paid London and Croydon, 13/. 15,4. 9d. paid ... 17 Lynn and Ely, 14 paid Manchester and Birmingham, 40 paid 52 Ditto Quarter Shares, 2 paid Midland, 100 paid Newcastle and Darlington:Junction, 24 paid 624 A HORRIBLE AFFAIR. The following extract of a letter from Lahaina, Sandwich Islands, gives an account of a most horrible occurrence which recently happened at a neighbour ing island, dated March 22 :—" You will have heard from Captain Green, of the Ontario, that three men deserted from him last Friday night. To-day two of them returned; they were brought to the United States Consulate Agency, and made one of the most horrible statements I ever heard. They, as they say, hired a boat of three natives on Friday eve, and started for Hawaii. There were three in the boat—viz., Walter G. Pike, of New Windsor, Orange County, New York ; Robert M'Carty, New York City ; and Jacob Von Chief, belonging to Middletown Point, New Jersey--the latter a co l oure d man . Th ey pulled all Friday night, Saturday, Sunday, and their nights, and became exhausted, and were unable to pull any longer. On Tuesday they drifted on the rocks at Lanai, and, having been without food or fresh water the whole time, and having drank salt water, they were in a state of starvation. They were not able to get up the pall (precipice), and agreed to cast lots to see who should die for the benefit of the other two. The lot fell on Von Clief, who was killed by blows on his head with a stone; they then cut his arm and throat and drank his blood ; after which they cut a piece from his right arm and ate it. After they became strengthened they got up the pall, and met with some natives, who gave them food, and brought them across the island, and to this place, in canoes. The natives have been examined, and confirm the statement made by the men. The dead body was found as they de scribed, and buried by them. The governor will send to Lanai to-morrow for the women they first saw after landing, and for the remains of the boat." We are informed by a letter, that these men were subsequently tried for murder, and acquitted ; and subsequently tried for stealing the boat, and fined eighty dollars and costs. Having no means of paying the fine, they were working it out on the public roads.—American Paper. 6 M ETROPOLITAN BUILDING ACT. RUINOUS BUILDINGS. In the new Metropolitan Buildings' Act, which takes effect from the Ist proximo, there are se veral provisions framed to prevent a recurrence of accidents arising from dangerous buildings being per mitted to remain until they have fallen down. The object of the 40th and three following sections is to compel the owners of dang(rous buildings to repair or to pull them down, and in case of default the Cit r of London (if the p ro p er ty b e i n t h e Ci ty ) or the parish to put up a hoard for the protection of the public, and to repair or pull down the ruinous houses. The mode of proceeding is a simple one. A surveyor under this Act, and the overseers of the parish, on receiving no tice of any building being in a " ruinous and dan gerous condition," they are forthwith to apply to the official referee, to direct the surveyor to make survey, and upon the receipt of the survey a copy is to be transmitted to the City of London or parish. Notice is to be given to the owners, and if the repairs or de molition are not began in fourteen days, then the authorities mention e d are to repair or pull down the buildings. The materials are to be sold, and in case of deficiency, a claim is to be made on the owner, and if he refuses a distress warrant is to be issued. It is fur ther provided, that in case the owner refuses to pay or has no goods for distraint, " then it shall be lawful for the person who shall at any time thereafter occupy any such building or the ground where the same stood, and he is hereby authorised and required to pay and deduct the same out of the rent thereof, and that if he neglect or refuse to pay such deficiency then it shall be lawful for the said Lord Mayor, or two or more such justices of the peace, and they are hereby authorised and required to cause the same to be levied by distress, and sale of the goods and chattels of any occupier of the premises, together with the cost s o f every suc h di stress and sale. ' By the 44th section, any damage to adjoining buildings or to furniture, &c., from ruinous buildings, is to be made good, and can be enforced under the Act. HE FUNDS-(CLOSING PRICES BRITISH FUNDS. __ _ _ COLLIERY EXPLOSION NEAR . MORRIsTON. (Abridged from the Cambrian.) Soon after the workmen entered the Pentre felin Colliery, the property of the Swansea Coal Company, situated near Morriston, on Monday, they were alarmed by an explosion of foul air in one of the headings, ignited by a collier named Thomas James, who was most severely burnt. The workmen immediately proceeded from all parts of the pit to the scene of the lamentable occurrence, where they found the three lifeless bodies of John Hopkin, aged 20, Matthew Fisher, aged 20, both of whom were unmarried, and Thomas Morgan, a boy, ten years of age, who had been most shockingly dis figured, his head having been detached from the body by the violent concussion of air consequent upon the explosion. An inquest was held on Monday and from the evidence it appeared that the pit had been left un worked during Saturday and Sunday, and that the deceased boy Thomas Morgan, who was employed to turn the fan which cleared the mine of foul air, was I t oo young and too weak to work the fan effectually, and that the working the fan had only commenced a few minutes before the men entered the pit. The jury, having deliberated, returned a verdict of " Accidental Death," with an opinion, " that had the fan been worked during Sunday night, or early on Monday morning, the explosion would not have oc curred ; that there is blame attached to the overman for not having seen that the pit was properly cleared, and for not having employed a person sufficiently strong to work at the fan." to relieve them from the pestilent heresy that has poisoned the minds of too many of the young and uninformed ; but the Church has not answered to the call. The only authority that has as yet condemned the Tractarian heresy is the Uni versity- of Oxford. Highly to the honour of that ancient seat of learning and of sound religion, it has done its duty ; but it has not been very zealously seconded by the Church, if, as has been said, we hope untruly, the person silenced at Oxford for heretical preaching was almost immediately after his merited disgrace invited by a Bishop to his diocese, and invited to preach there, doubtless, the very same doctrines which had caused him to be punished in the University. Be this, however, as it may, the people have complained, if not loudly or dis respectfully, still universally and earnestly com plained of the seeming connivance of the Bishops, at the advances of the Tractarian heresy, because the law has not been put in force to reduce the false teachers to silence. The complaint has been, we believe, so far unjust that the bishops, whatever their nominal authority, have really no available power to repress the dissemination of false doctrines. This want of power in the bishops is then their real defence, we think their only imaginable defence, against the connivance too generally imputed to them. Is it then wise, is it courteous, to the Christian people to make a display of power in pampering and encouraging the Tractarian schismatics when the bishops are obliged to throw themselves for their defence upon their want of power to repress the Tractarian heresy ? What will the people--what can the people—think of the use (and this is a utiltarian age) of a power which is impotent for the protection of those Protestant Gospel truths which they cherish, and can be exercised only when the enemies of these precious and highly prized truths are to be gratified by its exercise. Le T LAW EN CE. Mary Walsh—l was servant to the plaintiff. On the 27th of April Mrs. Mullett left. My mistress said she should go away en the 2Gth of April, and on the next day she did so. Prior to her doing so, however, she gave all her trinkets and her watch into my care. The plaintiff was aware that she was going away, because she told him she would on the pre ceding evening. Upon that occasion she had come ~home late, when he asked her where she had been. She would not tell him ; whereupon the plaintiff said he would make her. She again refused, but he said she should tell him, or he would make her. Upon this, she said she should go away from him altoge ther. The plaintiff, in a tone of astonishment, ex claimed, " That surely she would not think of doing so; did she remember her four children ? Could she abandon them ?" My mistress cried very much, but persisted in her determination to leave. The plaintiff then said, if she had resolved upon adopting such a step he would place her in proper care, and snake her an allowance ; he would place her with her father. She said she would not go there, for her father was nothing to her. Cross-examined—l have lived three and a half years with the plaintiff and his wife. They lived in the most comfortable and affectionate manner, and with kindness and attachment: to their children. I never heard any angry words pass between them until the last three months. I have never seen her cry during the whole of that period. I have known the plaintiff td come home late at night ; one o'clock was the latest. I have heard Mrs. Mullett complain of his being late. But they did not have words about it, for he has explained where he has been. I never saw him strike or throw anything at her. Mrs. Dibble—l am sister to the defendant's wife. They were living in Salisbury-square in April last. The defendant did not sleep at home at that time, because they had had words, and a difference in con sequence. I was there a few days after the plaintiff's wife had gone off from her husband, when the latter called there. It was about seven o'clock in the even ing. He saw my sister. He was not very much excited when he was speaking to her. The defendant came home while the plaintiff was there. I heard the plaintiff ask the defendant for his wife. Mrs. Lloyd was crying very much in consequence of what the plaintiff had communicated to her. I heard him after wards say, " You are a black -hearted villain." The plaintiff said, "You have got my wife ;" and the de fendant said, " That is to be proved." Afterwards the defendant said, " You may take my old wife, and I'll have your young one." The defendant ordered the plaintiff to leave the house, which he was about to do when blows ensued. Mrs. Lloyd left the house to protect her life, and afterwards she left her husband altogether, in consequence of his connection and be haviour. Mrs. Lloyd left her home on the 29th of May. The defendant lives now at Forest. hill. They have two children living. Mrs. Lloyd is my sister. Mr. COCKBURN rose, and said he would save at once his Learned Friend the trouble of offering any further proof of the criminal act. That fact he now was not there to deny. He was prepared to admit the fact, and that the parties were residing together at Forest-hill. MIDLAND CIRCUIT.—Lincoln, Dec. 20. (Before Mr. Justice PATTESON.) The principal part of the day was consumed in trying eases for the concealment of birth and assaults upon females. Of the former Jane Covey, aged twenty-four, Fanny Thorpe, ar.red twenty-seven, and Rebecca Cossington, were convicted of the offence of concealing the births of their bastard children. We do not publish the details, but the Learned Judge, after pointedly alluding to the serious offence the prisoners had committed, sentenced Fanny Thorpe to two years' imprisonment and hard labour, and the two other females each to twelve months' im prisonment and hard labour. COURT OF CHANCERY, Dec. 21. THE CORPORATION OF GLOUCESTER V. WOOD AND OTHERS. —JUDGMENT.--THE LATE HR. JAMES WOOD'S WILL. , When this case was called on, the LORD CHANCELLOR inquired of Mr. Swanstone, counsel for the Corporation of Gloucester, whether his clients acceded to the terms of the order of Vice-Chancellor Wigram? Mr. SWANSTONE said they did. Mr. WALKER—It was not an order of his Honour, but a proposition suggested by the Court. Mr. SWANSTONE—The Corporation of Gloucester are ready to secede to the proposals that have been made, and they will submit to any order the Court may here after think proper to make. The LORD CHANCELLOR then said he had considered this case with great care and attention, and the con clusion he had come to was, that the money in litiga tion ought not to be paid to the executors pending the appeal to the House of Lords against Vice- Chancellor Wigram's decision. On looking at the judgment of the Court below he observed that his Honour at the time stated, that in a question of such importance, where property of upwards of 200,0001. was in litigation, it was not likely that either party would be satisfied with the decision of a puisne judge of the Court, and therefore he (the Lord Chancellor) considered it a proper case for an appeal, and that the proceedings were not frivolous. After some further remarks, his Lordship said, suppose he was to order the money in dispute to be paid over to the executors, they would not feel themselves justified in distributing it. Under the present circumstances, therefore, he thought it had better remain invested in the Funds, under the con trol of the Court, until the appeal to the House of Lords was decided. At the same time he was of opinion that the executors were at full liberty to apply to hare any portion of the fund paid over to them on their giving sa tisfactory security. It was asked by counsel for the execu tors that, in the event of loss by a decline in the funds, the Corporation should make it good. Now he could not make any order on that point, as the Courts had always considered Consols in the light of money : if the price full, the executors would lose (in case the appeal should be in their favour) ; but if it was higher, they would have the advantage. In conclusion, his Lordship ordered the money claimed by the Corporation, under a codicil in the will of the testator, to remain invested in the Funds pending the appeal, with liberty to the de fendants (executors to the will) to apply to take any portion of it out, on giving sufficient security. A long discussion ensued respecting costs. MS LORDSHIP directed the costs of the present mo tion to be paid by the Corporation. - Joseph Sharpe, aged twenty-three, was charged with having, on the 3d of September, at Barrowl9y, com mitted a capital assault on a married woman named Mary Leeson. The fa2ts were few. It appeared that, on the day in question, the husband of the prosecutrix being absent from his home longer than was expected, his wife be came apprehensive, and went in search of him. The prisoner accompanied her, and when only two hundred yards from the cottage in which the Leesons lived, threw her down, and, according to the evidence of Mrs. Lee son, completed his purpose. The jury found him guilty of the common assault only, and the judge sentenced him to twelve months' imprisonment and hard labour. The calendar, which contains but two or three cases of any interest, is likely to begot through with on Saturday. NORFOLK CIRCUIT.--.Norwich, Dec. 21. The County Court was opened at an early hour to day, to enable his Lordship to pass sentence upon the several prisoners convicted, either by verdict or confes sion, of arson. Accordingly Rutland, Dye, Medlar, Rump, Parker, the two Quantrells, Baker, the two boys, Harvey and Lessams, who as well as Parker pleaded guilty, and Jane Watts, having been placed at the bar, Mr. Justice Wm.'s:us, with great earnestness of voice and solemnity of manner, proceeded to discharge that which he could not but feel to be a most unwel come duty. The exhibition now before him was most painful to his mind, coming as it did so close upon a recent penal example, in which he had borne a part, in the adjoining county of Suffolk. It had been hoped that the example and exhibition then made would have tended to diminish and check the commission of a crime which, in his (Mr. Justice Williams's) opinion, ranked next in atrocity to that of murder, being one which resulted from a settled determination to do wrong, and was attended, moreover, by no benefit to any single human creature, while it in flicted incalculable injury on those whose property was destroyed, and, indeed, on all the labouring class too. In one of the cases now before him, a witness had well aaid'that " a fire would be a bad job for we labourers," and if persons of that rank in society would but think seriously on the subject, he was sure they would all come to the same conclusion. His Lordship having then briefly adverted to the distinguishing features of the charges against the several prisoners, proceeded to sen tence all the men, and Parker (who had pleaded guilty to two indictments), to transportation for 15 years, but adjudged to the boys, Harvey and Lessams, in conside ration of their extreme youth, imprisonment for one and two months respectively ; and to Jane Watts, whose case was of so singular a character as to induce the jury to believe that she must have been mad, the like punishment for 12 months. His Lordship then adjourned to the Guildhall, where three prisoners awaited him. Of these cases the follow ing alone was werty of notice : Lucy Thorpe, aged thirty, was indicted for the wilful murder of her illegitimate child. Mr. Palmer appeared fbr the prosecution, and the' pri soner was defended by Mr. W. Cooper. From the evidence of Mrs. Roll, whose husband keeps the Dove Inn, in this city, and her daughter, if appeared that the prisoner came in August last and demanded lodgings for herself and a child aged two years. Her size even then attracted the notice of Mrs Roll, but on her asserting that she was not enceinte she obtained her object. Towards the end of a month her landlady's sus picions were again roused by her increased bulk, but she positively denied the charge, with more solemnity than truth, for in a few days she gave birth to the being whose fate was the object of this inquiry. It appeared that on the night of the 10th of September, the prisoner had for her bed-fellows her little boy and a daughter of her land lady, aged fifteen. According to the testimony of this girl, they passed the night as usual till six o'clock with out any disturbance; but at that hour she was awoke by the noise of a baby crying. On getting up, she she saw the prisoner dressed and walking about the room. She then went out to get some water, and on her return was seen to wipe up some blood which was on the floor. Immediately after the noise was heard by the witness, when the prisoner knelt down by the bed-aide, and pulled the curtains close down. Her son, who was also awake, then asked his mother, " what that noise was?" to which she replied, " that it must be some bird," and then got into bed again. The witness then got up, and, having acquainted her mother with the transactions of the night, an inquiry was made, which resulted in the discovery of the dead body of a fine male child under the bed, and covered up with towels. A surgeon having been called in, certain marks were discovered on the neck of the poor thing which led to this charge ; but, it being impossible for the medical witnesses to-day to de cide whether they were to be attributed to accident during delivery, or to design, The jury were directed to Acquit the prisoner, without any defence being gone into. With this case the first Norfolk Winter Assize may be said to have terminated ; for, soon after its close, all parties concerned therein, from high to low, having packed up their bags, briefs, and bodies, went their way across the marker-place, rejoicing, no doubt, that the festivities appropriate to the ensuing week were not to be broken in upon and marred by any unwelcome and close coLtamination with vice and poverty—those I'm ful sources of that wretched thing, a heavy calendar, VICE-CHANCELLOR'S COURT, Dec. 21. (Before Sir J. WIGWAM.) VIVIAN V. COCHRANB. In this case a question has arisen between the plain tiff; the Rev. J. W. Vivian, Rector of the parish of St. Peter-le-Poor, in the City of London, and the proprietors of the National Bank of Ireland, Broad street, as to the principle upon which tithe was to be taken on the house and premises used for the business of the bank, whether it should be levied on the amount of the reserved rent, or on the value of the house in its improved state. The question is an important one to the owners of property in the city, and at a former stage of the proceedings his Honour had stated that his decision was not likely to be final on the matter. It had been postponed on one or two occasions, but was given this day. Hia HONOUR, after remarking on the novelty and importance of the case, said the plaintiff was the rector of a parish in London, and the defendant re presented the National Bank of Ireland, who are lessees for years and occupiers of a house, the tithes of which are claimed by the plaintiff. The lease under which the bank occupancy was made in consideration of a reserved rent, and of a covenant by the lessees to expend 2,0001. in building, &c. ; that sum had been duly expended according to the covenant. The right of the clergyman to tithes of 2s. 9d. in the pound on the reserved rent was not disputed, but the plaintiff claimed to be paid 2s. 9d. in the pound on the im proved value of the property arising from the expen diture of the sum above stated. The question at issue was, then, on which of the two valuations the tithes were to be paid, and this depended on the statute of 37th Henry VIII., c. 12, which is an Act regu lating the payment of tithes in London. His Honour read the decree in that Act, and after going minutely into the details of the case, said it was one presenting great difficulties, but he thought his decision must be in favour of the plaintiff and his claim to the tithe ; he therefore directed an account of the said tithes to be taken on the value of the premises, but without costs John Mullett—l am in the employ of my brother, the plaintiff. The defendant dealt with my brother for paper, and during the last six months it averaged at the rate of 12,0001. a year. In April last he owed us 4,3001. He had about 1,3001. worth a month. The 4,3001. have been paid in due course. Cross-examined by Mr. Walesby—The defendant dealt with us for three or four years. The Parliamentary return of newspaper stamps was here produced to prove the sale of the publica tions of which the defendant is the proprietor. This closed the case for the plaintiff. Mr. COCKBURN then addressed the jury on behalf of the defendant, and said he was not instructed to deny the offence of which proof" had now been laid before them. The LORD CHIEF BARON summed up ; and the jury, after a few minutes' consultation, returned a verdict for the plaintiff.--Damages, 7501. ASSIZE INTELLIGENCE. WESTERN CIRCUIT.—Ereter, Dec. 20. (Before Mr. Baron ALDERsoN.) Henry George Carpenter, the druggist who was con victed yesterday of an assault upon Elizabeth Ilibbert, was this morning sentenced to one year's ,imprisonment, but without hard labour. The early part of this day was occupied in trying cases of a description not proper to be reported. All the other cases were finished before the Court rose, to do which, however, his Lordship was obliged to sit to a late hour. William Smith was indicted for assaulting and robbing Mary Ayre on the highway. Mr. Bird conducted the prosecution. The prisoner was defended by Mr. Rowe. The prosecutrix, an old woman between 70 and 80 years of age, bent double with the weight of time, and wearing upon her face the many furrows it had made, in a feeble voce, that could be heard only a few feet from the spot where she stood, gave evidence to the following effect :—On the 6th of November last she was making her way as well as she could from North to South Molton. She had proceeded nearly two miles of her way (which must have been a great task for the old lady), when she was passed by two men, who asked her for some nuts, an article which she usually sold. They passed on and she followed. She had not got very far, when a man with a handkerchief tied over his head suddenly jumped from the hedge, and, ap proaching her, knocked her down, andforthwith proceeded to take from her pocket, in which was contained a box holding 375., and some other trifling articles ; and, hav ing done this and threatened her, the robber made off. Whil st s t an di ng over her, the wind blew back the flaps of the handkerchief which was bound round his head, and then she immediately recognised the prisoner at the bar, whom she had known for ye ars . immediately found hi m G u i lty. He was seiTte h n e ce j d ur t ) o . be transported for ten years. I?iehard Back was indicted for the manslaughter of John Perriam. Mr. Stone prosecuted ; the prisoner was defended by Mr. Rowe. It appeared that the prisoner had occupied a house situated in Elford-lane, Woodbury, as a tenant of a Mrs. Elizabeth Back, who was his mother. About a year since she made over the property to a Mr. Wranch, who, unable to obtain payment of his rent, put a distress war rant in the hands of the deceased, and his son, Henry Merriam, with directions that they should distrain fur the rent doe. In obedience to those instructions, they went to the prisoner's house, whom they found from home. Having ascertained where he was gone they sent for him, and after a time he made his appearance. Henry Perriam, the son, stated that on reaching the house the prisoner immediately went to one corner of the room, where a poker and a pair of tongs were standing. He seized them in his hands, and then, flin g ing the tongs away, grasped the poker in hi s right hand. The de ceased, on his entry, was sitting near the table, and commenced reading the warrant. Nothing else was said to him; not a word besides wa s spo k en. T he pr i soner said nothing; on his right h but,t grasping th e poker as described, he made assault, on w i tness, struck him a violent b arn], which completely disabled it, and i) afuriousri g the arm hung powerless by his side. Ile then aimed and inflicted a similar blow on his left arm, attended with like results, and added a third, which struck him on the head. The deceased, seeing this, discontinued the perusal of the warrant, and came to his son's assistance. The prisoner swore if they did not leave his house he would kno2k their brains out, and the deceased, there fore, quitted the room, calling to his son not to strike the prisoner, but to come with him, which he did. As he (the witness) reached the door prisoner struck him an other blow, and be tumbled in the yard. He recollected then seeing his father standing by the door, and the pri soner's fist in the attitude of striking him. He did not see the blow, but in a moment his father fell by his side, and he (the son) fainted away. When he recovered his senses, his father was standing over him, the blood dropping from his face and falling upon his own. As soon as he could he got up, and then perceived that his father had received a violent blow on the lower part of his forehead, from the wound inflicted by which the blood was running. He went home. His father was upwards of 70, and before this had been well, but from that moment complained of being ill, and within ten days had done with earth, and was a corpse. Mr. Warren, a surgeon, of Exeter, was called, who had seen the deceased two days before his death, and had also made a post mortem examination. He stated tha COURT OF EXCHEQUER, Dec. 21. ,Sittings at Nisi Prius, a t G u ildh a ll, b e f ore t h e L ORD CHIEF BARON and Special Juries.) CRIM CON.—MULLBTT V. LLYOD. Mr. Sergeant Talfourd and Mr. Hoggins conducted the case for the plaintiff, and Mr. Cockburn and Mr. Walesby appeared for the defendant. This was an action to recover compensation in da mages for the domestic loss sustained by the plaintiff, by means of criminal conversation had by the defend ant with his wife. The damages were laid at 2,0001. Mr. Sergeant TALFOURD proceeded to state the case. The plaintiff was a young gentleman of about 30 years of age, and was a paper manufacturer, and a wholesale stationer, in an extensive way of business in the city of London. The defendant was some years his senior, and was one of those persons who had taken upon themselves, or had assumed to them selves, the position of public instructors—he was the proprietor of several newspapers. One was published under the title of Lloyd's Weekly Newspaper, a three penny affair, he believed, Lloyd's Penny Sunday Times, and Lloyd's Penny Miscellany. Ile now resided at a villa on Forest-hill. The plaintiff was married on the 9th of September, 1836. He was then a young man of twenty-two years of age, whilst the un happy lady was some three of four years younger. The marriage had been one of sincere affection and strong attachment. At the period of his union the plaintiff was in a salaried employment, but shortly afterwards he had commenced business on his own account, and being successful, he had looked forward to that full enjoyment of his domestic comforts, to wards which all men with a family were accustomed naturally to yearn. Up to the time, within a very brief period, when this lamentable event came to pass, there had never been a breath even that could inter fere with that happiness —a happiness which had been increased and added to by the fact of his wife having borne him four children. The defendant also, he re gretted to say, was a married man with three children. The connection between the plaintiff and the de fendant had not simply been of the most intimate cha racter, but it had amounted to brotherly friendship. The defendant had dealt with the plaintiff for paper to the extent of 12,000/. per annum, and at the moment when this affair took place was then a debtor to him to the extent of upwards of 4,0001. That sum, it was, however, but fair that he should state, had been regu larly paid as the bills had severally arrived at maturity. He had merely mentioned the fact in order to show the extent of the transactions which had been carried on between the parties. The plaintiff, too, had been one of' the securities for the defendant at the Stamp-office. Such, then, it would be seen, were the relations in which these per sons stood the one towards the other. They were those of the closest friendship. They were on the most intimate, and friendly, and cordial footing. Some time after the plaintiff had been married he be came the proprietor of two mills, the one at Bristol, and the other at Tonbridge, and until that period he had never slept away from home. Then, however, such a course was absolutely necessary, for he could not carry on his business without ; but upon no occa sion had he left his wife without a female companion. Subsequently the defendant, it was remarked, had become a frequent visitor at the house when the plaintiff was from home, and that the lady took rides with him alone. In the month of April, however, the matter was seen by the servants ; for Mrs. Mul. lett was observed to go out in the absence of her hus band, and to remain away for some time, but to con trive in most instances to reach home before her hus band's return. On the 27th of April, at length, she went out, and never returned, leaving all her trin kets, and even her watch behind her. The plaintiff was left to seek where he best could consolation for the de privation of the partner in his best hopes, in his best wishes, in his best expectations, and above all the mother of his children, whilst the defendant, deserting his own wife, had taken to his arms a paramour in the person of the wife of his most intimate friend. With that paramour was he now living at Forest-hill, where she was known as Mrs. Lloyd. The house, it ap peared, stood back from the road, and was approached through a gateway leading into the front garden. That gate since the plaintiff's wife had flown there had been kept locked, so that, contrary to all former custom, even the tradespeople were not permitted to come up to the house. But this difficulty it would be proved had been overcome by the plaintiff, and the identity of the female now living and passing as Mrs. Lloyd, being in reality Mrs. Mullett, the plaintiff's wife, would be most clearly established by evidence which could not be impeached, for that lady had her self come down without her bonnet, and spoken to a gentleman who was well acquainted with h e r. There OXFORD ClRCUlT.—Stgffurd, Dec. 20. (Before Mr. Justice COLTMAN.) At the sitting of the Court this morning, the Learned Judge directed Joseph Penn (who, on Wednesday last, had been convicted of the manslaughter of Prudence Hughes, at Sedgley) to be placed at the bar where upon, his Lordship said, "You have been found guilty, upon the clearest possible evidence, of the manslaughter of Prudence Hughes. The jury, by their verdict, have evidently taken a must merciful view of your case, and have acquitted you of the more serious crime of murder. The sentence of the Court is, that you be transported for the term of ten years." John Sherriff; an account of whsse trial,dogether with that of Miss Railton and Mr. Hildreth, fur the conceal ment of the birth of a child, has already appeared in our columns, was again placed at the bar, under an in dictment fcr using a certain instrument on the 19th and 23d of Oetober last, at the parish of Wolverhampton, with intent to procure the miscarriage of Miss Jaue Railton, a young lady. The prisoner pleaded Not Guilty. Mr. Beadon appeared for the prosecution, and stated the facts of the case clearly and concisel% to the jury. Miss Railton was then called several times as a witness against the prisoner; but as she did not come into Court for that purpose, the Judge ordered her recognisance to be estreated. Mr. BEADON then observed that it would be needless for him to proceed with the case during the abssnce of so material a witness, and the Learned Judge directed the jury to acquit the prisoner, upon which he was dis charged from custody. Mattheu, Leach was then arraigned for cutting hnd wounding Wm. Skinner, with intent to do him some grievous bodily harm, on the 2d of last September. Mr. Beadon appeared fur the prosecution; Mr. Neale for the prisoner. The evidence adduced tended to show that the prose cutor and some other men were together dri n ki ng i n a public-house at Sedgley, wh en th prisoner suddenly came in and tried to take Skinner's pipe from his mouth. This gave rise to a quarrel, which ended its an inter change of blows. Both the prisoner and the prosecutor fell to the ground, and a jug which Leach had in his hand was smashed against the ground. On picking up the prosecutor he was found to have received a severe cut on the back of his neck. For the defence it was contended that the injury was inflicted by a broken fragment of the jug. The jury found a verdict of Not Guilty. John Gavan, Mary Gavan, and Margaret Mackintyre (natives of the sister kingdom) were indicted for stab bing James Coyne and Hubert Coyne, with intent to do them some grievous bodily harm, at Wolverhauipton, on the 25th of August lust. Mr. Yardley appeared for the prosecution. The prisoners were undefended. James Coyne, a labourer, stated that between eleven and twelve o'clock on the night of the 25th of August, he, with his wife and brother, were returning home along Stafford-street, Wolverhampton. They had arrived within twenty yards of their house, when they passed James Gavan and other persons standing in the street. Prosecutor said, " Good night, lads." John Gavels put out his leg to throw prosecutor down. lie escaped, how ever, but just as he had passed the party, he felt a knife running into his left arm. He turned round and seized John Gavan. They wrestled, and the prosecutor re ceived a cut on the chin with a knife. His wife ran for the police. Ile received four cuts on the arm, and two on the chin. Prosecutor did not know any of the other persons. Ellen Coyne, the prosecutor's wife, corroborated her husband's testimony, and saw Mary Gavan make a blow at witness's husband with a knife. Her husband was on the ground at the time, and kickod off the blow with his foot. Bridget Coyne said that she saw John Gavan with a knife in his hand, with which he stabbed the prosecutor. Michael Stea art, inspector of police, saw the prose cutor shortly after the occurrence, lie was covered with blood. Witness then apprehended John Gavan. Mr. Edward Francis liehane, surgeon, Wolverhampton, described the nature of the wounds the prosecutor had re ceived. They were such as might be inflicted with a knife. The jury found the prisoner, John Gavan, Guilty of a common assault, and the Learned Judge sentenced him to be imprisoned twelve calendar months to hard labour. The female prisoners were acquitted. James Thompson, Benjamin Moore, and James Mar chant, were indicted for feloniously wounding Thomas Westwood, on the Ist of June, at Kingswinford. Mr. Iluddlestone and Mr. Woolrych appeared for the prosecution, and Mr. Neale for the defence. The prosecutor, who is a glass-maker, had been very cruelly ill-treated by three men, when returning home from his work on the evening in question. The prisoners were not clearly identified as the parties who had com mitted the outrage, upon which they were acquitted. At about half -past four o'clock on Friday the business of the winter assize fur this county closed, having lasted altogether about eleven days. With the last trial here the present Oxford Circuit terminated. The cases which came before the Learned Judge on this occasion were almost all of a very serious character, and the number of prisoners was far greater than was anticipated; although, h9WeYer : several of the charges agaillst them were of a when he saw the deceased alive he was labouring appa rently from some disease of the chest, which produced great difficulty of breathing. He said to him, ‘‘ Why, Perriam, you must have been ill tier some time," and the deceased answered that he had. Two days after he died. On making the post mortem examination he discovered a great quantity of watery serum on the brain, which also bore evident marks of a chronic disease, which must have existed for a long time. On examining the chest and surrounding viscera he found the heart very much diseased, which also must have been a complaint of long standing ; and he considered the death of the deceased resulted from ene or both of these maladies, and not from the effects of the blow. It was possible that the blow might have accelerated his death, and possible that it had had no such effect. Mr. Baron ALDEasuN stopped the cage, observing that everything was to be presumed in favour of the prisoner, the contrary of which was not satisfactorily proved. The jury, if satisfied with the truth of the evidence given by the son, would find him guilty of an assanit. This verdict was immediately returned, and the Learned Judge then sentenced him to four months' imprisonment, with hard labour. John Maddock and William Maddock were indicted for assaulting and robbing Richard Coles, on the high way, and stealing from his person a hat and handkerchief, his property. The jury immediately returned a verdict of Not Guilty. Charles Rowe Salter was indicted for maliciously shoot ing at James Salter and Henry Canniford, with intent to maim, &c. 'Could not, therefore, be any dispute as to the fact of the supposed Mrs. Lloyd being the real Mrs. Mullett. George Cox, jun., produced an accredited copy of the marriage register between the plaintiff and his wife. The marriage took place the 10h of Septem ber, 1836. George Luck—l am uncle to the plaintiff's wife. I have known the plaintiff and his wife during the whole of their lives. I was in the habit of visiting them after their marriage, in the Deptford-road. He is now living at his mill, I imagine, in the country. They had lived most happily together until just be ' fore this event. They have four children. Isaac Henry Sercombe--I attend from Somerset House, and produce the bond entered into by the defendant to the Stamp-office, and the plaintiff is one of the securities to that bend. In August last that bond was withdrawn, and another substituted. The defendant there is not a surety. The bond is for the payment of the duties on Lloyd's Weekly London Newspaper. Mr. Cox prosecuted; Nfr. Rowe defended the prisoner. From the evidence in this case, it appeared tt at the prisoner had most improperly fired a gun at toe two boys named in the indictment, but at such a great dis tance as to negative the supposition that he was actuated by the intent laid in the indictment. He was, therefore, acquitted ; but the Learned Judge expressed a regret that it was nut a case in which the jury could find a common assault. Ills Lordship rose about nine o'clock, all the business being finished ; and this ends the business of the Winter Western Circuit, THE SUN, LONDON, MONDAY RYNNINGS DECEMBER 28, 1344. capital nature, only two men have been left by Mr. Jus tice Coltman for execution. POLICE INTELLIGENCE. (SATURDAY.) MARLBOROUGH-STREET. Mr. Patrick M. Owen, a young Irishman, was brought before Mr. Hardwick, charged with having broken a looking-glass, worth 171., and done other damage to the property of Mrs. Fletcher, of 34, Duke-street. The complainant said she kept a respectable lodging-house for ladies. The defendant, who was a stranger to her, called upon her about five weeks ago, and said he had been recommended by a Mrs. Thompson, of Dublin, to a young lady who lodged in the house. Complainant refused to allow him to see the lady in question, as she was under the pro tection of a friend. The defendant refused to go until he had seen the lady, and then complainant threatened to call the police. The defendant imme diately thrust his umbrella against a looking-glass worth 171., and broke it, and also broke a gas lamp worth 10s. The defendant went away, and com plainant obtaine4 a summons against him, but the summons could not be served until Friday evening. The defendant attempted to deny being the person who had called at the complainant's house. Mr. HARDwicit was satisfied that the complainant's story was correct, and therefore fined the defendant .51. for the assault, .51. for the glass, and 10s. for the gas lamp.—The defendant paid the money. THAMES POLICE. The brother of the late master of the Hero appeared before Mr. Ballantine to contradict a statement made on Thursday by a person, who in applying for an arrear of wages alleged to be due to his son, one of the parties who perished in the wreck, said the acci dent was attributable to the circumstance of the cap tain having been ill, and entrusting the care of the vessel to the mate, who was in liquor at the time. To disprove so serious a charge, and to relieve the memory of his brother from the obloquy it was calcu lated to attach to it, the applicant handed to the ma gistrate a letter from Messrs. Hoffman and Shenk, urging him to attend at the police-office for the pur pose of contradicting this statement made against the master of the Hero. Mr. BALLANTINE said the Court could not be made the vehicle of public information, not in any way connected with the public business. The reporters would no doubt correct any misrepresentation, if it was in their power. AWFUL FIRE ON SATURDAY, (FURTHER PARTICULARS.) The fire was first discovered by the inmates of the house, who consisted of Mr. and Mrs. Farey, Mr. Farey, jun., three female servants, and a youth who acted as Mr. Farey's clerk, all of whom, with the ex ception of the latter, succeeded in effecting their es cape on to the roof of the house, in a state of nudity, but were unable without assistance to proceed fur ther. Their cries of "Fire!" attracted the notice of a policeman on duty in the neighbourhood, who, on hastening to the spot, discovered a dense body of smoke rising from the rear of the premises, and ia stantly springing his rattle raised the alarm. As soon as an entrance could be effected through the adjoin ing houses, the police ascended to the roofs, and res cued the ab ove - men ti one d s i x individuals from thei: frightfully perilous situation, and they were ulti mately conveyed to No. 55 on the opposite side of ths street, where they still remain. The flames at th , . time appeared to be raging on the second floor, £1,11,1] speedily extended to the third floor, bursting throng:. the windows, back and front, with terrific fury; arci within an incredibly short space of time they also ap peared through the roof, illumining the atinosphe e fbr miles round the metropolis. About twenty minutes before five o'clock a portic. of the roof at the back of the premises fell in, am' a still larger portion about a quarter of an hour after wards, which carried with it the whole of the mas sive timbers of the floors down to the basement with a tremendous crash, upon which the engines were enabled to bear more powerfully upon the ruins, which still continued to burn fiercely. As soon as the ruins were sufficiently cooled to enable the firemen to enter the premises, they did so rom the back upon the ground floor, and near the wine-cellar they found a man standing immovable from intoxication, who was immediately handed over to the care of the police, and was conveyed to the station-house. At that moment one of the brigade men heard the moans or stifled cries of a person coming from the front of the house. Hastening round to the front he descended the area, and break ing open the kitchen window could plainly distin guish a man lying in the ruins, and still alive. Every exertion which humanity could prompt was instantly made to rescue the unfortunate being, who was lying near the front kitchen door, with his feet under a dresser, and a massive beam pressing across his knees, while heavy joists, &c., were lying on his shoulders. lie was evidently sinking fast, and, notwithstanding some warm brandy and water was instantly procured and administered, he became insensible, and when at length he was, by means of jacks to raise the timber, extricated and conveyed on a police stretcher to a surgeon's in the same street, it was found that life was quite extinct. The deceased was John Birlanyer, a policeman of the E division, No. 152, who had been assisting in the endeavours to extinguish the flames, and the body was immediately removed to the work house of St. Giles's-in-the-Fields. As soon as the confusion which necessarily prevails on such lamentable occasions had somewhat subsided, great fears were entertained that Mr. Farey's clerk, a youth, named William Robinson, about fifteen years of age, who slept in one of the attics, had perished in the flames ; and as soon as the ruins were sufficiently cooled an active search was made for his remains, which were not, however, discovered until three o'clock in the afternoon, when they were found nearly at the top of the ruins, in a dreadfully burned state, nothing remaining but the head and back, and portions of the arms and legs. Th e rema i ns were shortly aft erwar d s placed in a shell and conveyed to St. Giles's workhouse. Upon the police being mustered on their return to the station, after attending the fire, it was found that another policeman, named John Wright, No. 128 E, who was assisting in Guildford-street, as well as Birkmyer, was also missing ; and, up to a late hour last night, no trace of him had been discovered, and every fear is entertained that he also has fallen a vic tim, and that his body is now in the ruins. A man named Charles Jenkins, a jobbing groom, lodging at the Guildford Arms public-house, in the same street, who was seen actively assisting at the fire, is also missing, and very little doubt exists that both have perished. It was believed that the man Jenkins, hear ing, about five o'clock, that a valuable dog belonging to Mr. Farey was in the kitchen at the time of the outbreak of the fire, was anxious to see if he could find it, and ventured down the area steps, and into the kitchen, in search of it (that part then being uninjured by the fire), when he was seen by the two policemen, Birkmyer and Wright, who followed him, to compel him to come back, and, at the instant they were doing so, the roof falling in, carried down with it the upper floors to the first floor, under the flooring of which were iron rafters, and on it two massive iron chests, each weighing (it is stated) 1,100 weight, the whole of which was then forced down to the base ment, burying the three individuals under the ponde rous mass. The following statement of the outbreak was given to our reporter by Dilley, the coachman of Mr. Farey : " I was suddenly aroused from my sleep by a loud knocking at my door. I immediately got up, and, upon looking out of the window, I perceived that a large body of fire was raging in the pantry at the back of my master's house. As soon as I got on my trou sers, I ran out, and thus made the best of my way up the stairs, and shouted 'Fire ! ' I succeeded, I think, in awakening some of the inmates ; for shortly after wards I heard a loud screaming at the top of the building. Finding the fire was progressing, I hastened back, and called to the neighbours to come and render assistance. I was soon afterwards joined by Charles Jenkins, the groom, who ran into the house several times to save what property he couli. The flames descending and the smoke being so oppressive, I en deavoured to persuade him not to enter the house again. He replied, laughing, Oh, Dilley, have a little pluck, my boy, there's no danger; I will go and get master's favourite dog (or bird).' Having said this, he dashed into the house, and I never saw him afterwards. There was no other way of escape ; therefore I am of opinion that he perished in the flames. I have not the slightest idea how the fire originated." Relative to the means which were employed to awaken the youth in the attic, the following state tnent of Mr. Farey, jun., will prove that nothing which humanity could suggest was left undone in order to accomplish his rescue : " Immediately I was made sensible of there being a fire upon the premises, I ran out of my own room, which adjoins that of the servants' on the third floor. I called out to the parties below, and advised them in stantly to escape. Finding I could not descend, I hastened towards the parapet, knocking as I went most violently at the servants' door. Before reaching the parapet, I found the boy Robinson was missing. I ran back and called him ; but receiving no answer I knocked still more violently at the door of his cham ber. The heat was so oppressive that I was forced to retreat, but upon reaching the parapet a second time I revived, and again returned and broke the windows of the boy's room. All these attempts to awaken the lad proving useless, I was obliged to leave the room, and just reached the parapet in time to save my own life." The building in which the fire originated is totally destroyed, with the entire of the splendid furniture, books, pictures, drawings, jewellery, instruments, & o . Information of the melancholy cecurrence has been forwarded to Air. Wakley, M.P., Coroner, but it is not yet known whether the inquest will be taken on * This Mr. Smith did. We JOHN 'TARDY, ESQ., M.P. PO& BRADFoRD.--- been regret to hear that this venerable ge ntie ' n k ba ha b Lg suffering from severe illness during the we_ e she l ate st sustained a fit of apoplexy ; but, accordios t ' accounts, we are glad to say he is decide ly Bradford Observer. , g ArriO n g St COLONEL MAXWELL'S ADVENTVE---' -- d into the numerous distinguished personages introduced Era. these amusing memoirs, are the following peror Napoleon—The King and Queen of Spain seen of Sicily—King Joachim of Naples and his . Que la better. King g T ot . —The King and Queen of Sardinia—The Queen of Etruria—Lonis XVlll—Queen Caroliir)cin England —Pope Pius Vll—Priucesse Pauline. -1' ic; Lucien Bonaparte--Prince Leopold—Prince Es te q es , —The Duke of Saxe Coburg—The Duke and I ) " of Bedford—L or d Amherst—Lord William Bentine__, Colonel Neil Campbell—Lord Elphinstone—L°r d mouth—Lord Stewart—Lord Duncan—Lady Charlo tte Campbell —S ir W. G e ll —Madame de Stae l—Afarsi , Bertrand—General Drouet—The Prince of bionacc'" Cardinal Pacea—Bergami, &c. &c.I % GENERAL Tore THUMB AND THE TA O CoMMISSIoNERs.—Th e " general," while exhibit in g 1 Glasgow ( w hi c h c i ty he has lately left for 1)111)11 : ), received, sho r tly b e f ore hi s departure, a visit fr °llll bi official, who, to his great surprise, presented biro, tor order of th e C omm i ss i oners of the Income•tait r ` ng Glasgow, with a p r i nte d f orm to be fille d up, cabid,... him to make a return of the amount of his income .ar, rivable by the exhibition of hi s diminutive person. ; r Barnum, the guardian of the " general," acting 1111 advice, and in the belief that the Legislature never ° O Ol , templated taxing a foreigner who had no fixed resides in this country, paid no attention to the summons , W - fi - n e commanded the general to make his return with in ;be day, instead of twenty-one, the period limited by " e a statute. The Scotch Commissioners have now Pu r , su bis the littl e genera l to Dublin, and having assumed tilt", o : annual receipt s are 25,000/., have asses s ed him to "00 amount, and now ca ll on hi m for 729/. towa rdS income-tax. This demand Mr. Barnum resists. . te . SAINT A GNES .—O n M on d ay last, unusual exclaal ment was produc e d in thi s usua l ly quiet town, consecln:ha on the cl erg y man o f t h e parish refusing to butyl corpse of a child which had beets baptised in a disse n a place of wors hi p, an d no certificate if the child's beP tl- e r, being produced. After much inconvenience, h °we , s ta the prese n t m i n i ster o f the chapel at which the bElP`idee had tak en p l ace read the service from o r nea r the heatof the bu r i a l ground, and - thus the matter e nded.- - " 1- Briton. Miss CLARA WznsTsx.—Unfortunately, the death of this accomplished dancer has not been the on'Y i e , n e attendant upon th e l a t e sa d acc i dent at DrurP"-the Theatre. A nurse o f t h e name of Mudd, supplied °n; he urgency of t h e case f rom the Middlesex Hospittnj, attend upon Mi ss W e b ster, f ell down the stairs, s-to upon being c onveye d b ac k to the hospital, was found 10 have sust a i ne d a ser i ous fracture of the knee. Sh e now lying in the accident ward, whilst a sickly ha s ',. o - ; and three yo ung c hild ren are deprived of the soPur they obtained from her labour. BITH On the 23d i ns t . , in Brut R on-streS. et, the lady of CIO — Scott, E sq ., o f a son. On the 23d u lt . , at Vi lla Corsi, near Florence, the w ife of Alfred Lambert, Esq., of a daughter. On the 16th inst., at Sloane-street, Chelsea, the lady °' Clarke, Esq., of a son. On the 17th inst., at Spike Island, Cove of Cork, the pifo of Lieutenant. Colonel Burton, Royal Marines, of a &tie e ol On the 19th i nst., the lady of Warren De La ' Rue, FA' a daughter. MARRIED. On the 17th i nst., at of Fermoy, T. Hamlet, T a ylor, o' A , • Inn, Esq., to Helena Gertrude, daughter of the 11. Waters, of Fermoy, Esq. On the 18th inst., at Luton, Bedfordshire, Darid Cole l' ;° l' l '. Esq., of W orcester, surgeon, to Jane, eldest daughter c, Waller, Esq., of Luton. DIED. On the 18th inst., Anthony Barto Valle, Esq., age d ur 79. .11' On the 18th inst., Amelia Eliza, the wife of G. " • Coward, Esq., surgeon, Iloxton. gr On [the 19 t h i nst., at Meadow-place, South Lambeth, ' B. J. Sharp. On the 19 t h i nst., at St. Peter'd, St. Alban's, Rich ard Lydekker, Esq., 11. D., aged 72. fa° On the 19th i nst., Mary Catherine Hammond, widor° late William Hammond, Esq., of S ou th ga t e . On the 2d inst., at, Nles, Emily Be r t on , eldest daug hter of William R. Preston, Esq., of Aigburth, near Liverp oo .l• o4 Dowageron t9Ltandiyn3Atl. , u a s t g ß ra o v i e m , r a t s g b e r d i 19. Sussex, Henry C On the 3d i nst., at Rome,Elizabeth Mary, daughter erbou ll Esq., of Rutland-place, Hyde -park. On the 13th i nst., at Brussels, Captain William lin ntlY Campbell, l ate of the 20th Regiment. On the 13th inst., at Milford Haven, Charles Chamberlain' Esb., late her Majesty's Consul at Carthag ena and Coquirub°: On th e 14 t h inst., at York-cres cen t, Clifton, Margo ' Bogle, eldest daughter of James Campb e ll, Esq , of Glaeg°th On the 15th inst., at Cl a ph am, S urrey, M rs . Elizahe Tyler, aged 87. On th e 15 t h i nst., at Bath, Frances Matilda, ] °u-- nze it daught er of the late Rev. William Wilkinson. On the 15th i nst., i n Regent-street, Mrs. Catherine S a l mon" wife of Edward Salmon, late of the Scots Fusilier Guarded; London : P r i nted and Published by IiILIRDO No. 112, Strand, Print e r, a t 771 e s un office, No. L" CE o f Strand, in the P recinct o f t h e Savoy, in t h e C ou nt,' kiddleaes, Monday, Deoember 23,1544. the two bodies found, or delayed until the other are found. THE ARMY. THE DUKE OF WELLINGTON AND 11 — GIOUS LIBERTY IN THE ARMY. (From the TVelchman.) me `' f An inaccurat e p aragrap h h av i ng appeare d i n $° the newsp a p ers wit h re f erence to the s u bject of ie ,, e lowing corresp on d ence, we have been f a voured v the Rev. John Smith with copies of the original,,usb, cuments, which we have much pleasure in Pub a re , ing, as very important in themselves, and, ° a ° o f over, strikingly illustrative of the character of cin'nor the greatest men of this or any other age. T h A e O f respondence haring been on a public topic, an - r o• strictly official nature, there can be no breach of P priety in our placing it on record in our columns , Pr tbe cularly as it redou a d s so hi g hl y to the honou r o the illustrious Duke, and must prove so satisfactory t,° : friends o f re li g i ous f ree d om. We judge it exPeuie nt however, to o m it th e name o f t h e sick soldier, as we' l i the title of the hospital at which Mr. Smith was re fuse permission to visit him : " 9, Earl-street, Westminster, Oct. 17, 1844 ', " THE MOST NOBLE lIIS G R ACE TEE DUKE OF Taljj ,G. TON, ILO., P.C. "My Lord Duke,—l think it proper most resPec t . to lay before your Grace the following c ir c urastance e t c o "lam a Wesleyan Methodist mi n i s t e r, and o f course of my past ora l d ut i es ( at the written reques"js Sergeant —, a member of th e W es l eyan Soeietltsfinest patient in th e h osp i ta l o f t h e ---),, i : „;,, on Friday, the 11 t h, an d on Wednesday, the 15th for the pu r p ose o f v i s i t i ng h i m, and on both occas ions I have been re f use d a d m i ss i on. On the latter I ,0 abruptly told that, though I was a Wesleyan niii i L s „ t rj , I might seek admission on Sundays as other vi s 'ri er Your Grace w ill rea dil y perce i ve that this would nell,be he convenient to any minister whose employments on be Lord's-d a y occu p y a ll hi s t i me, nor would such a vi s ' all that might be required by a sick or dying men' , " I beg permi ss i on to rem i nd your Grace that an • t I / portunity of vi s iti ng a mem b er of his flock is regnlrto granted to any minister of the Romish Church, andlcj at a loss to con ce i ve on w h at ground it should b e deal to ministers of other religious communities. "I am unwilli ng to b e li eve t h at the interdict of shireti I complain as t o myse lf can have been sanctione d $ t i e order from the authorities of the army, and I trust 1 118 0 only to bring the matter under the notice of your Grar e :_ er Commander.in-Chief, t o o b ta i n f or myself and for ° te a t Christian ministers, and for all such soldiers as msi, Uej be members o f th e Ch urc h o f E ngland, those privneeof which, while they are freely conceded to the merabe il n i. the Church of R ome , oug h t not to b e denied to the taela, bens of any P rotestant Ch urc h .—l am, my Lord D ui your Grace's most obedient servant, „ 0 " JOHN SMITP' Mr. Smith received the following communicatio n, I reply, from Adjutant-General Sir John Macdonald " Horse Guards, Oct. 31 :P te " Sir,—l am direct e d b y the Commander-in-Chief acknowledge th e rece i pt o f your l etter of the 170 „1 00 in which you complain that on two recent occa sions_Y, had been refused a d m i ss i on to t h e Hospital of -"torsi whither you h a d gone , i n t h e course of your PBs-est, duties, for the pu r p ose o f v i s i t i ng, at his own requid Sergeant --, a mem b er o f t h e Wesleyan Soc i e ti s• at the time a p itient in the said hospital. „ k of e f "I am comma n d e d t o assure you that the J -1"-e Wellington anxiously desires that soldiers should bt i n f the benefit of the spiritual assistance of clergrn. en o d their own persuasion, whenever they may require ii , ; ol that commanding offi cers o f reg i ments are fully APPr;ot of the perfect liberality of his Grace's views 013 subject. " As regards, however, the visits of clergymen W id i e r diers in hospital, the established rule is, that every' 5° ,,„ 0 1e is at liberty to choose his own pastor, with this t u r, r be understanding that he shall notify his wish, throug h regular channel, to his commanding officer, who will immediate directions for the admission of the clergy man whom the soldier may have chosen as his sr adviser. ' " Had Serg ean t conformed to thi s rule (i.v-h leb IC appeared h e did not ) , you would have met with no irnr a diments in your visits. , e vert " The indiscri m i na t e a d m i ss i on of strangers (n°'„oi• excepting the cl erg y) i nto b arrac k s and military "°-'lO. talc, without d ue aut h or i ty, and without making ihdebs selves and th e i r b us i ness prev i ously known, vroul no . productive of constant, an d f requently serious, inc° eoe nience ; but n o difficulty of admi ss i on can ever tle c ino where the indi v id ua l w h o presents himself for adniigstbe mentions his name and the object to those who have for immediate charge of the sick,* and are responsible 4 , the enforcement o f th e regu l at i ons under w hi c h sd uil sion into the hospital is given. to " The Duke o f Wellington has commanded o le , enter into the above ex pl a nation for your future guiti so b. and to pr even t y our b e i ng, upon these occasions, s`• ject to any disappointment. " I am to add that, in the case of the Foot Gu arcii ; the medical officer in charge of the hospital will b_ e l co oi e powered to ad m it th e c l ergy, as the comman di n g 0 :: d to of the r eg i ment cannot b e forthcoming to be lipliPhoe for admi ss i on , f rom hi s not l i v i ng in barracks. --4 I_o4 the honour to b e , Si r , y our most o b e di ent h um ble ser o s . "JOHN MACDONALD, -A.„ " Rev. John Smith, 9, E ar l- street, W estm i ns ter. on The kind anxiety o f hi s G race to make hi s yeiwi he the question distin c tly un d erstood, as evidence d by' t he the question distinctly understood, as evidenced by hi' circumstantiality with which Sir John Macdonald , 5 1, i hr desire, enters into ex pl anat i on and direction, will bem - ' appreciated by every reader.