The Sun. — London, England, 1845-12-22 00:00:00

.~•,\. MARY I;.EBONE VESTRY. • •• Satqrday a naoss: important meeting of the Mary tebbne,Vestrytob ll ce at the Court House, Mr. George natiell„ churchwar4an, in the chair. The meeting was Web , ;ri nd,d besides the borough Members, Sit,f#:..ll._and Si Charles Napier, there were present .7 - Sir John M‘Taggart, M.P., Lord Montfort, SFr — James Hamilton, Bart., Martin Thacke ray, Esq., &c., &c. Mr. Hoon, the vestry clerk, brought up a communi cation from the Board of Management of the North Western Metropolitan District Asylum, demanding the sum of 1731. 7s. 11d., as the contribution of the parish of St. Marylebone towards the expenses already incurred with respect to such proposed asylum. Mr. Hood also hid a communication before the vestry from the parish of St. James, Westminster, to the guardians of which parish a similar demand was made, and refused on the ground that it was illegal. Mr. JOHN WiLuasts said he would move, in reference to the application in question, " That, in the opinion of the vestry, the constitution of the Board of Management of the North Western Metropolitan District Asylum is illegal, and that their demand should be resisted." The motion having been seconded, Mr. FLOOD announced that he had just received a communication from the Home-office, addressed to Mr. flume, M.P., and, as it was probably upon the subject then under diseussion, perhaps it would be better that it should be at once opened and read. Mr. Flood then proceeded to read the following communication from Sir James Graham:— •° Whitehall, Dec. 18, 1845. Sir,--Although my position at the present moment in thi s on c e is peculiar, yet I am unwilling to leave your letter without an answer, especially as you and the vestry of St. Marylebone express a wish to be informed of the result of my r•ommunication with the Poor-law Commissioners beforel yesign the seals of this department. 4 Hy the 7th and Bth of Victoria, c. 101, s. 41-45, the poor -law Commissioners were empowered to form districts o 4 Larishes in the metropolis, for the purpose of providing and maintaining asylums for the temporary relief in destitute house less peer. The provisions of the Act were fully debated in Parliament, and the power of forming the districts was given to the Poor-law Commi- sionera without hesitation or appeal. "The Commissioners, after a careful deliberation, adopted a plan for the division of the entire metropolis and its suburbs into six districts, each consisting of several unions and parishes, represented by a single Board of Management. The orders forming these districts, and prescribing the mode of election, and the duties of the Board of Management, and of their officers, have been issued by the Commissioners in the course of the present year. " All the parishes comprised in these orders have acquiesced in the arrangement, and have elected managers, except Mary labone, St. Luke, Chelsea, and Camberwell. "The Secretary of State has no official power of interfe rence with the arrangement adopted by the commissioners ; nor is be rendered by the Act of Parliament responsible for their decision with reference to this subject. " The responsibility rests with the Poor-law Commissioners alone. They have acted deliberately, and on a general view oc tile arrangement best suited to the entire metropolis. " If the parish of Marylebone have any objections of detail which they wish further to ur g e against particular provisions of either of the orders of the Commissioners, I have ascer tained that the Commissioners are ready to receive them, and to bestow on them the most attentive consideration. " If the objection be to the entire arrangement, as well in orinciple as in detail, the whole subject might be referred to 'she investigation of a Parliamentary Committee at the com inenestuent of the session; and the Commissioners inform me that they are prepared to justify their plan. The case of Marylebone must be taken in conjunction with the general scheme, and cannot, in justice, be considered separately. " I have gone thus at length into the matter, which does not fall immediately within the control of the Secretary of State, even in present circumstances, because I was unwill ing to appear wanting in the respect due to the Marylebone vestry, or negligent in my endeavour to remove a misunder standing which I regret.—l bare the honour to be, Sir, your faithful servant, "J. G. GRAHAM. (Signed) " Joseph Hume, Esq., M.P." This letter was ordered to be entered on the minutes, and to be considered on Saturday . next. Mr. WILLIAMS, M.P., rose to give his cordial support to the resolution of resistance which bad been proposed. The reason he advised this course was that the Poor-law Commissioners were doing everything they could to bring Marylebone and other independent parishes throughout the country under their fangs. The reason the Poor-law Commissioners were so desirous to get independent parishes under their control was, that there should not be a comparison between the diet given to the poor of those parishes and poor-law unions.—(Hear.) Mr. H. C. WILSON cordially concurred in all that had fallen from the Hon. Member for Coventry ; but in con nexion with this subject he wished to say a few words on the conduct of the Hon. Members fur the borough of Marylebone, who, for the first time for many months past, ire now saw present.—(Hear, hear.) He (Mr. Wilson) was one of those who would not say that be hied the back of the Hon. Members that he was not prepared to say to their faces.—(Hear, hear.) He would say, then, that he believed, if the Members for the borough had done their duty to their constituents, the parish of St. Marylebone would not have been placed in its present position with the Poor-law Commissioners. —(Loud cries of " Hear.") He (Mr. Wilson) spoke more particularly with respect to the Hon. Baronet behind him (Sir B. Hall).—(Hear.) He was free to admit that they had an right to expect so much from the Hon. and Gallant Commodore, Sir C. Napier, when they con sidered Lis general habits, and his imperfect knowledge of all their local affairs, and therefore to some extent the Hon. and Gallant Commodore was exonerated. There was a probability, from the present state of political affsirs, of a great change, and he (Mr. Wilson) thought that those gentlemen who aspired to be the representa tives of the largest and most influential borough in the kingdom ought to devote a greater degree of attention the:, had been devoted by its representatives recently.— (Loud cries of " Hear. hear ") He again repeated it, and he felt that he had the general support of his brother electors in making the assertion, that on whom soever the representation of Marylebone in future de volved, there was a greater degree of attention to Parlia mentary duties necessary.—(Hear, hear.) Sir B. HALL rose, amidst some slight confusion, to address the vestry. The Honourable Baronet said, after the remarks which had fallen from Mr. Wil son, he hoped he might be permitted to say a few words in self-defence.—(Hear, hear.) It was at all times painful to advert to a serious personal and domes tic calamity, but, in doing so, he begged to say that he did not wish to conceal from himself the fact, that his recent inattention to Parliamentary duties had been most unsatisfactory, and he begged to assure them that it had been equtilly unsatisfactory to himself as to his constituents.—(Hear, hear.) He begged to state, how ever. that his apparent inattention did not result from his own neglect, but from calamities over which he had no eontrol, and which human foresight could not have p-evented. Gentlemen were aware of the course he (Sir Benjamin Hall) had pursued when he first became elected for that borough, and after his second election also, and he thought it must be palpable to them, when they , viewed his previous conduct, that ho had not willingly and wilfully neglected their interests. He begged to remind them that there were times and circumstances which would prevent any man from performing great public duties.—(Hear.) Last year a domestic affliction, and at the commencement of the last session a serious personal accident, caused him (the Hon. Baronet) to be placed in that unfortunate position.—(Hear.) With reference to the probable Political change which had h--on alluded to by Mr. Wilson, he (Sir Benjamin I lull) begged to say, be that change, whatever it nigh', he should not deviate from the straight 14)rward course he f-it he had hitherto pursued. With respect to a political change, he (Sir B. Hall) was of opi nien that no material chanee would take place, and that it wo-ild be left for those who had produced the present crisis in the affairs of this country to quench the fire which their own bad conduct had created.—(Hear, hear.) Ile believed that Lord John Russell would not take oaks with the inevitable prospect of being turned out immediately, but that he would leave it to those who ha l created the evil. With reference to the question b e fore them, ho cordially agreed with the Hon. Member fir Coventry that they should offer a most determined res:stan,?e, and as soon as tie next session of Parliament opened, he would not fail to use his best endeavours to support their local Acts and privileges unimpaired. Sir CHARLES NAPIER next rose. lie did not thisk that he was deserving of the censure which had been thrown upon him by the vestry. He would venture to assert that no Member of the House of Commons had been more attentive to his Parliamentary duties than he had been since he had represented Marylebone.--(llear, hear.) If the gentleman who had addressed them and called him negligent meant that- he was so because he hail not come 400 miles to attend a vestry meeting on the corn-laws, then he pleaded guilty, for he had previously promised to attend a great meeting held on that very (ley at Edinburgh on the same subject.—(Hear, hear.) Mr. Wilson had said. if the Members for the borough had lone their duty, this amended Poor-law Bill would not have passed. Now he (Sir C. Napier) begged to say that he did attend to his duty, and opposed that Bill throughout. t He also did so with respect to the Lunacy Bill and when h e di v id e d th e H ouse u pon that measure -3 Idid not even get a seeonder.—(flear, hear.) It was true he was not so well acquainted with their local matters as his Hon. Colleague, Sir B. Hall, but he begged to say that he had a head, and he never objected to their beating their. local knowledge into it.—(Laughter.) He was always ready. to receive a deputation of his constitutents, but if the meant that to do his duty, after working hard for five days and nights every week in the session, it was necessary for him to attend there every Saturday, and also sacrifice hi s S un d ay, h e b egge d to say that he was ready to resign their ..representation altogether. With respect to the .questien of the corn laws his opinions were known, and he thought no time ought to - be lost in call in g a mee ting of that borough, containing as it did a population of 300,000' and up wards. He would say further, he thought all the metro pelt :an boroughs should have a meeting, and, in order to make the demonstration more complete, that they should meet in one day.—(Hear, hear.) Mcs,rs. Joseph Gomm, Kirby, Michie, and other gentkmen haiing spoken to the resolution, determining to re-Ist the demand for supporting the District Poor law Asylum, it e as carried unanimously. The meeting then separated. TUE FARMERS AND THE REPEAL OF THE CoEN.* T.Aw,4.—We have heard from several quarters where informa tion of the kind was most attainable, that the farmers who usually visit Canierbury market did not on Saturday ast express any other feeling on the Ministerial changes in progress than a wish that some permanent deci "ion should he immediately arrrived at, and seeing that repeal of the corn-laws must sooner or later take place, they would Prefer the accomplishment of such a measure at once to a state of continual uncertainty and alarm. The farmer is wise in this—there can be no ease , : or security or indepen dence for bun until this takes place. The sooner that total repeal of this landlord's law occurs, the better unquestion blv for every cultivator of the soil.—Kent Herald. 'BRISTOL SUGAR-MARKET, DEC. 19.—There is scarelv any business doing in our raw sugar-market, and, indeed, produce of all descriptions are difficult of sale, with a downward tendency in prices. —Bristol Mercury. THE SUN, LONDON, MONDAY EVENiNG I DECEMIIEit 22, 1845. LAW INTELLIGENCE. COURT OF CHANCERY, Dee. 20. The Lord Chancellor sat for the first time to• day since his attack of illn6s, in Lincoln's lan Hall. The Gauge of his Lordship's sitting was to enable him to give judgment in several cases that had been heard before him on appeal pre vious to his resigning the Great Seal. Long before the hour appointed for his Lordship to take his seat, one ?'cleck, crowds of persons had assembled in the old hall of Lincoln's Inn, and upon his Lordship taking his seat, the inner and outer bar were crowded to excess. His LORDSHIP, who appeared considerably improved in health, and to have regained his usual cheerfulness, upon taking his seat, stated that a short time since he had given several of his judgments to the registrar in writing ; but that, in order that those judgments might be delivered in the pre sence of counsel, in case any questions should arise, he would give them over again. Just previous to his Lordship's commencing to give his judgments, a Treasury messenger brought an official box, which was handed to his Lordship, containing a letter, which he read. It was rumoured that the letter conveyed informa tion to his Lordship that Sir Robert Peel had been again sent for by her Majesty. After perusing the letter, his Lordship directed the registrar to call the judgments in the order in which they stood on the paper:— MANN V. RICKETS. The LORD CHANCELLOR then gave judgment in this case, which was heard, shortly before his Lordship's illness, upon motion to discharge an order made by the Master of the Rolls. His Lordship was clearly of opinion that the decision of the Court below was correct, and ordered the appealed to be dis missed with costs. COOMBE V. THE MAYOR AND CORPORATION OF LONDON. The LORD CHANCELLOR then proceeded to give judgment in this case, which was argued before him some considerable time since, upon an appeal from the decision of the Vice- Chancellor Knight Bruce. His Lordship said the case came before me after motion to discharge an order of the Vice- Chancellor Knight Bruce, for the production of documents mentioned or referred to on the answer of the defend ants. It is not necessary to state the facts in detail as they are fully set forth in the report of the proceedings before the Vice-Chancellor. The Corporation of London claim to be entitled by prescription to measure all corn, grain, &c., brought by the River Thames, and landed at any point between Staines-bridge and Yanfieet, and to receive certain ancient fees in respect of the performance of that duty. The plaintiffs had landed certain quantities of malt at their wharf in Westminster, and the Corporation filed a bill against them for an account of the malt so landed, claim ing the accustomed fees. The plaintiffs filed a cross bill for a discovery, denying the right of the Corporation, con tending that if the right existed it was to a much more limited extent than as claimed by them ; that it was compa ratively of modern origin ; that the fees had been from time to time varied, and that there was no round for the prescription claimed. The defendants having put in their answer, the plaintiffs moved for the production of the docu ments mentioned or referred to in such answer. When the mo tion came on for argument the defendants consented to the pro duction of such of the documents as had been produced under an order of the Chief Baron, Lord Abinger. Secondly, to the metage, accounts kept by the meters, who were the ser vants of the Corporation. Thirdly, to certain books and re pertories enumerated in the first schedule to the answer. And lastly, to the charter of the 6th of James 1., and the subse quent charter of Charles. With respect to the case and opinions it is unnecessary for me to express any opinion ; they were considered by the Vice-Chancellor to be protected, and the defendants do not of course complain of that part of the judg ment. The first question for consideration relates to the books of account kept by the corn-meters. The plaintiffs in sist in their bill, among other things, that the rates of charge have varied, and that they will appear after inspection of their books. The statement in the bill is, that the defendants have in their possession, custody, or power, divers accounts or books of account, in which entries have been made of all corn &c., measured by the corn-meters during a long period of years, together with (among ether things) the fees and wages re ceived for such measuring, and that if such books of account were produced, it would thereby appear that among other things the rate of fees, and wages, and rewards claimed and received on account of the metage aforesaid, and the labour incidental thereto, have from time to time varied. The bill, therefore, charges the possession of these documents, and that they relate to the matters in dispute in this suit— namely, among ether things, the metage, and the fees and wages paid in respect of it : if they exhibit a variance in the amount of the rates paid at different periods, it is obvious that such evidence would be material for the plaintiffs at the hearing of the cause. The defendants, the cern-meters, in their answer, admit the possession of these books of accounts, and say—not positively — to the best of their information and belief—that it will not appear from them that the fees and rates of charge have varied, and they further state that these accounts or books of account, contain material evidence for the Corpora tion, and that they are intended to be used in support of their claim, but the material question is, whether they do not also contain, by the alleged variance of charges, evidence for the plaintifi's. This is denied only according to the information and belief of the defendants. In Ban nestyne v. Leader, 10th Simone, the Vice-Chan- , cellor of England considered, and I think properly, that it was net sufficient in a case of this kind to swear merely to the defendant's belief. It further appears from the answer that the examination of the documents of the defendant, the corn-meters, had been imperfect, for in another part they set out the names of certain places where the measurement had taken place out of the city of London, being, as they state, all that they had met with, but they add that the accounts are numerous, and that there may be many others besides those they have mentioned. The number of the documents is not a sufficient excuse for an imperfect examination of them, as the Court would, upon a proper application, allow the necessary time to prepare a sufficient and satisfactory answer. The same objections apply to the answer of the Corporation. With respect to the town-clerk, it does not always very distinctly , ' appear when he is meant to be included under the descrip tion of these defendants, but if he denies at all that the accounts will show that the payments have varied, he states that only according to information and belief, and there is sufficient also in his answer to show that if he has examined the accounts the examination has been partial and imperfect. lam of opinion, therefore, that these accounts must be produced. The next question relates to the books and repertories mentioned in the first schedule, The defendants, the Corporation, and their town-clerk, say in their answer that, save as therein mentioned, they deny that they have in their possession any book or books re lating to the matters in the bill mentioned, except that there are in the custody or power of the defendants certain written books or repertories, set fortk in the first schedule, which contain entries of divers matters and things which the defendants believe form material evidence as to the exclusive right of metage, and which they intend to use in support of their right. And, in a subsequent passage, they ex pressly admit that the books and repertories, men tioned in the first schedule, contain copies and ab stracts, or extracts, from documents relating to the measuring of corn and grain by the meters ; and they admit the possession of such books and repertories, but they deny that the plaintiffs have any interest in them ; and further they deny, to the best of their knowledge, information, and belief, that if they were produced, it would appear by them that the right had commenced within the time of legal memory, or that they contain, or would fur nish evidence on behalf of the plaintiffs ; en the con trary, they say they are advised and believe that they contain entries which they are advised and believe are most material evidence in support of the right of metage, and which they intend to make use of in support of their exclusive right against the plaintiffs. There is in these passages a sufficient admission that the books and re pertories set forth in the first schedule relate to the matter mentioned in the bill. The only question, there fore, is, whether any su ffi cient reason is assigned why they should not be produced The defendants deny that the plain tiffs have any interest in them, and further they deny, to the best of their belief, knowledge, and information, that, if pro duced, they would show that the right had commenced within time of legal memory, and that they would furnish evidence on behalf of the plaintiffs. The plaintiffs do not claim the right to the production of the documents on the ground of their having any interest in them in the :oilmen acceptation of that word, but as con taining evidence in their favour in support of the allegations contained in the bias, and this is denied by the defendant*, the Corporation, and the town-clerk, only according to the best of their knowledge, information, and belief, which, as I have already stated, 1 do not think sufficient. They farther add that these books and repertories contain, as they are advised and believe, entries which form most mate rial evidence of their exclusive right of metage, and which they intend to use in support of their right : but this will not entitle them to withhold the documents, unless they also deny with sufficient certainty (which they do not), that they contain evidence in support of the case of the plaintiffs. It was further objected that the bill only charg ed that these books related to the matter in question, a nd that it was not alleged that, if produced, they would establish the case of the plaintiffs, and that it was only admitted by the answer that the accounts related to the matters in question in the cause. But this admission alone will, prima facie, entitle the plaintiff to inspect them. Smith v the Duke of Beau fort, Storey v. Lord Lennox, Tyler v. Drayton, and other cases have decided that point. It is not necessary that more should be stated in the bill, or that more should be admitted by the answer. It was also said that the documents were re quired merely to negative the case of the Corporation of London, and that the plaintiff had no right to require the production for that purpose ; and the case of Bolton v. the Corporation of Liverpool was cited as establishing that position ; but the ground upon which the production was there refused seems to have been, that the documents were re quired Merely for the purpose of ascertaining whether they contained anything tending to disprove the title of the Corporation, not for the purpose of proving, as in the present case, the facts alleged in the bill, and which, if established, would defeat the plaintiffs' claims. Here the plaintiffs charge affirmatively that the pay 'bents have varied at different periods, that they will be shown by the accounts when produced, and the state ment is not positively denied, but only according to infor mation and belief in the answer. When documents are charged and admitted to be in the defendant's possession relating to the matters in question, it must depend upon the suffi ciency of the answer whether the Court will order the pro duction of them. The remaining question relates to the charters of the 4th James I. and the charter of Charles 11. The charter of the 6th of James the First, either the original or a copy. but as I read the answer, the original, and the charter of Charles the Second, are admitted by the defendants. the mayor, aldermen, and commonalty, and the town-clerk, to be in their possession, and they clearly relate to the matters mentioned in the bill; that may be material to the plaintiffs' case, for they tend to show that the right is confined to corn, &c., imported for the purpose of sale. In one part of their answer the defendants say the charter of the 6th of James I. was not necessary to their case; but in a subse quent part they state that the charter of Charles 11., in which the charter of the 6th of James I. was recited, forms part of the evidence of their title to the ex elusive right of metage, but they nowhere, as far as I can discover, state that they do not afford evi dence in support of the plaintiff's case. Beyond the facts which I have stated there is nothing relied upon as a reason why the charter should not be produced. There is no ground therefore for discharging any part of the Vice-Chan cellor Knight Bruce's order, and the motion must, therefore, be refused with costs. FOSTER V. SMITH. Th e LORD CHANCELLOR also gave judgment in this case, dismissing the bill without costs ; but ; in consequence of some question being raised with respect to the costs, his Lordship said he would hear the arguments upon that point on Mon day morning. OLDFIELD V. COBBETT. The LORD CITAIICELLOR Ms* gave judgment in this case, re fusin 0 the motion without cost s . 0 HEIGHTON v. (MA/4T. His LORDSHIP also gave judgment in this case, which came before him upon an appeal from the judgment of the Master of the Rolls. His Lordship affirmed the judgment of the Court below. BOOTII V. LIGHTFOOT. In this case his LORDSHIP gave judgment, also affirming the decree, and dismissing the appeal with costs. HILL V. NASH. The LORD CHANCELLOR gave judgment likewise in this case. It came before his Lordship upon appeal from the judgment of the Master of the Rolls, deciding against an ob jection that had been made to the suit for want of parties. It appeared that the plaintiffs were corn faetors, and that, in the year 1840, they entered into a specu lation with the defendant hash, and two other persons, named Carpenter and Shepherd, to purchase wheat by that speculation. Eighteen thousand pounds were lost. by the plaintiffs, and they instituted a suit for the pur pose of recovering from the representatives of Nash that sum. The defendants, the representatives of Nash, asserted that the suit was defective, inasmuch as Carpenter and Shep herd were not made parties, but the Master of the Rolls de cided against that objection, and from that thcision the de. fendants appealed. His Lordship was clearly of opinion that the objection ought to have been allowed, and ordered the decree to be discharged and the suit to be amended. JONIS V. HOWELL. His LORDGIIIP also gave judgment in this case, affirming the judgment below with costs. BLUNDELL V. GLADSTONE. His Loxs►SHIP also gave judgment in this case, which came before him upon an appeal from the decision of the Vice• Chancellor of England, dismissing the petition of Lord Camoys and a lady named Temple, praying to be admitted into the possession of certain property belonging to the testator in the cause called Melyneaux and Horton. His Lordship was of opinion that the Vice- Chancellor had acted wrong in dismissing the petition, and ordered it to be referred to the Master to inquire whether the estates of Melyneaux and Horton were be queathed by the testator, subject to any and what trust, the Master to state special circumstances. MATTHBWg V. BRISE. The LORD CHANCELLOR also gave judgment in this case, the question on which was whether the defendant, who was the executor and trustee of a fund for the plaintiff, was bound to make good a sum of 4,0001. in Exchequer-bills, the amount of which was lost by the bank ruptcy of his brokers and bankers, Messrs. Wakefield. His Lordship was clearly of opinion that the defend ant was liable to make good the amount, and ordered the judgment of the Court below, to the same effect, to be affirmed. His Lordship, in consequence of an ap plication to that effect of the counsel for the defendant, stated that he would look into the paper A between !hie ;7?, Monday, lc tinier t 4, •=ee -.-nett , ei 114 ,i,tith , ci to r 2 ,1 quiry befo7e the Master as to wilt-tiler the widow of the plaintiff had assented to the disposition of the money. IN RE GALL His LORDSHIP gave judgment likewise in this case, which came before him upon appeal from the Chief Judge in Bank ruptcy. His Lordship discharged the order of the Court below. YOUNG V. LORD WATERPARK. His LORDSHIP; - I;l7thi; case, affirmed the decision of the Vics-Chancellor, with costs. BOOTH V. CRP:WICK. Mr. WAKEFIELD applied in this case, which stood i❑ the paper of the Vice-Chancellor of England to be heard on exceptions, that it might be transferral to the paper of his Lordship. The LORD CHANCELLOR—Very well. Mr. PARRY said that he was instructed to oppose the ease being put on his Lordship's paper at all. The LORD CHANCELLOR, with apparent surprise —What, did Mr. Wakefield apply to have it put in my paper ? I may, per haps, not be there to hear it, and I am sure I will not do my successor so great an injustice as to order it to be put in the Lord Chancellor's paper.—(A laugh.) His LORDSIIIP then stated that it might be convenient for the Bar to know that he would sit on Monday at ten o'clock, in order to dispose of lunatic petitions. We believe that the Court of Chancery never furnished an instance before of a Lord Chancellor giving twelve judg • ments in one day. His Lordship rose between three and four o'clock. The hall was crowded during the whole period of his Lordship's sitting. COURT OF QUEEN'S BENCH, Dec.2o. THE QUEEN V. SCHLESNEGAR. This was an indictment for wilful and corrupt per jury. A verdict of guilty was returned against the de fendant, who was recommended to mercy by the jury. JUDGE'S CHAMBERS, Dec. 20. (Before Mr. Justice COLERIDGE.) ALLEGED DETENTION OF SLAVES. It will be recollected that a few days since Sir George Stephens, and others connected with the Anti-Slavery Association, made a complaint at the Thames Police office, in reference to the alleged detention of slaves on board of a vessel in the London Docks. It appeared that the individuals in question arrived in England in the Caroline, with presents to her Majesty from the Imaum of Muscat, and were now on board the brig Anne, in the London Docks, until their ship was repaired, when they would be conveyed back to Zanzebar as slaves. Sir G. Stephens not succeeding in the object which he had in view on that occasion, applied for and obtained a writ of habeas corpus from Mr. Justice Coleridge to bring the bodies of the poor men in question before him, and fifteen of them were conveyed in omnibuses yesterday to the Judge's Chambers, in obedience to the writ. At three o'clock Mr. Lush, the barrister, appeared with Sir George Stephens, the solicitor, in support of the writ of habeas corpus. Mr. Clarkson and Sir J. Bayley attended on the part of Messrs. Newman, Hunt, and Co., the consignees of the vessel Caroline, to show cause against the writ. The several sailors were again ques tioned by his Lordship, and they all said that they were sailors and not slaves ; that no one had died on the pas sage, and they added that they were all well treated. Mr. Justice COLERIDGE, at the suggestion of Sir George Stephens, told the men, through the instrumen tality of the interpreters, that they were all free, and that, if they had been slaves, the moment they cam* to England they became free. The men seemed to understand his Lordship's ex pression, and left the Court to return to the ship. The return to the writ of habeas corpus was ordered to be made by Tuesday. CENTRAL CRIMINAL COURT. OLD COURT. THIRD COURT. Alexander Gordon and John Cummins, the master and mate of the barque Neathesis, were indicted for assault ing William Scott, a stupid-looking lad, about sixteen years of age, an apprentice on board that vessel, ou the 20th of June last, whilst on the voyage out to India. Mr. Payne appeared for the taroecution ; and Mr. Ballantine, Mr. Wilde, and Mr. Robinson, defended the prisoners. The Learned Counsel for the prosecution having stated the case, and detailed the various acts of cruelty prac tised against the prosecutor by the prisoners, such as re peated floggings, and the subseqnent application of vitriol, so as to madden and increase his torments, proceeded to examine the prosecutor in support of the charge. Several other witnesses corroborated the testimony of the pro_ecutor, and gave a frightful description of the tortures he endured. It appeared that, in addition to the floggings, the prosecutor had fallen overboard in escaping from the fury of the mate, and had remained immersed more than a quarter of an hour before ho was picked up again. For the defence, it was alleged that the prosecutor had been found asleep on his watch, and the punishment with which he was visited was the ordinary treatment in such cases. The application of vitriol was strenuously denied, the contents of the phial being described as an ointment of healing quality, which was administered from kind and humane motives. Dr. Guy, of King's College, had examined the boy's back, and gave it as his opinion, from the appearance of the skin, that neither vitriol, nor any other corrosive liquid, had been applied. Several witnesses were called to testify to the humane and excellent disposition of the captain, as well as to the risk which he incurred in picking up the prosecutor out of the sea. The Learned Commissioner summed up. The jury, after an hour's deliberation, returned a ver dict of Acquittal of the mate, and found the captain Guilty. Sentence deferred till this day. POLICE INTELLIGENCE. BOW-STREET. On Saturday John Wheatley was charged with steal ing two silver spoons and two silver forks, the property of Mr.l Evans, the proprietor of the well-known hotel at Covent-garden. It appeared that the prisoner had been in the ;service of the prosecutor for about .three months, arid dtiring.that time some of the plate was missing, and suspicion felling on the prisoner, he was given into cus tody, and his lodAiugs being searched, the two silver spoons , and forks were found there, but the marks on them had been partially erased. The prisoner was re manded. There have been several robberies of plate recently at the Bedford and other hotels in the neighbourhood of Covent-garden, and which it is supposed have been effected by waiters. CLERKEN WELL. EXTRAORDINARY CASE.— William Willoks, a genteel looking young man, was placed at the bar before Mr. Greenwood, charged with burglary under very remark able circumstances.' On the night of the 22d of November last, the pre mises of Messrs. Walker, surgeons, ef St. John's-street, and of i those adjoining, occupied, by Mrs. Neil, a rain maker,: were broken into, and plundered of considerable property. A few days afterwards a man named North was apprehended on suspicion of being concerned in the depredation, and on his examination at this Court it appeared that the ground of suspicion against him was an admission made by him to a pot companion, that he had been concerned in the robbery, and that watch, which had been stolen, had been offered for sale for 5/. He underwent three examinations, and at each he asserted his innocence, observing, in ex planation, that what he had said was merely by way of, joke, and eventually the charge was withdrawn. When, , however, he was taken into custody, five pieces of counterfeit coin were found in his possession, for which offence he was committed to Newgate for trial. From the day of the robbery up to the present time the neighbourhood of Clerkenwell and Islington have been kept in much excitement and nightly terror, in the belief that there was an organised band of burglars in one of those districts, in consequence of the very ingenious and daring robberies that w ere effected ou Messrs. Walker and Mrs. Neil, thief or thieves having taken from the drawing-room of one of the gentlemen, while he was asleep, a gold watch, and from the chamber of the latter a cash-box, which was opened by force on the premises, and emptied of its contents, amounting to between 9/. and 101. and then thrust through the window of the counting-house. Happily, however, the mystery sur rounding the case was this day cleared up, and the fol lowing evidence was given against the prisoner : Police-constable Moss, 199, of the G division, stated that at a quarter-past four o'clock on that same morning he saw him coming out of Mitre-cottrt, St. John's-street, which leads to the back of the prosecutor's premises. He questioned him, and finding his answers very unsatis factory, he searched him, and found a screw-driver, some congreves, a candle, three door-keys, and two bunches of keys, which induced him to take the accused into custody. Having ascertained the prisoner's address, the constable proceeded thither, and called up the pro prietor of the house, who at once admitted that the pri soner was his lodger, but protested that he was then in bed. An explanation followed, and, on the landlord en tering the prisoner's bed-room, he perceived he was mis taken. A search was then made of the prisoner's boxes, wherein was discovered the duplicate of a gold watch belonging to one of the Messrs. Walker, and also a btinch of keys ' their property. The watch waft produced by a pawnbroker, with whom it was pledged for SL, on the day after the robbery. Mr. Walker identified it as well as the keys. The foreman of Mrs. Neil identified the screw-driver that was in the possession of the aceused when appre hended. Prisoner—ls Mrs. Neil here ? The foreman said she was not. Mr. GREENWOOD (to the prisoner)—You may say what you please, but it is my duty to tell you that what ever you say will be taken down, and neay be used in evidence against you. Prisoner (mournfully)—l own that I broke into the places. I was walking about in distress, without a penny in my pocket, and a thought struck me that I must get some money by some means. I was then by the court, and I went up and got over a shed, and seeing a window open I entered the house. It was Mr. Walker's and I took from there the property he lost. I could not go back in the same mariner I came, and I then went further on, and dropped from a wall into Mrs. Neil's yard, and I broke in and took the cash-box, that is all." Mr. GREENWOOD —You asked if Mrs. Neil was here. If you wish her to be brought forward she shall be. Prisoner—My object was to question her respecting the cash- box. It has been said that a sum of money was in it, but I declare that it (lid not contain one farthing. Mr. GitErssiwoon remanded him until Wednesday next. ribirb 32 I Won SUN OFFICE. &ven o' Clod: ROLLS' COUItT.-(THIS - 13411",) The Court was oecupkd during the greeter portion oc: ,lay in hotrir.tr, unopposed petit which poisessed any public int,rcst. Ex PARTE COTD‘N. This was a petition, in which the petitioners, Messrs. Cotton, solicitors, of No. 4, Lothhury, applied to the Court under the following circumstances appearel that the petitioners had had a conference with Mr. Tinney, a barrister of the Court, and tendered the de fendant, Mr. Lewis (Mr. Tinney's clerk), a ten-pound note, desiring him to deduct 21. 75., which gave 2/. 2s. for the counsel, and ss. for the defendant, but that the defendant retained V. 9s. 6d., alleging that ho was en titled to 7s. 6d. Mr. J. COTTON (one of the petitioners) said that he had been induced to appear in person before his Lordship, in consequence of not hiiving been able to procure the assistance:of counsel, who had refused to act under the circumstances. He further stated that the petition was presented to the Court from a convetion that the con duct of the defendant was opposed to the views of the Court, as laid down by the answer given by Lord Cut tenham in his Lordship's reply to a question from the incorporated body of solicitors in 1841, to the effect that they considered five shillings was a sufficient fee to the clerk. He had applied to Mr. Tinney, who bad refused to interfere in the matter, and he then summoned the defendant before the Court of Requests for the recovery of the money, when the Learned Barrister, who presided in that Court, stated that the case was without his jurisdiction, and he sub sequently brought him up to Bow-street, when the Ma gistrate expressed himself to the same effect. Linder these circumstances, he conceived the only alternative left him was to appeal to the Court. Before concluding, he deemed it just to the defendant to state that the de fendant had offered to return what was alleged to be an overcharge, which they (the petitioners) would not ac cent, and that he he had filed an offidavit. The MAGTRR of the Rom.s expressed his wish to see the affidavit. _ _ _ Mr. COTTON read the affidavit, which stated that the charge the defendant had made was what was usually given in these cases, and contained three letters from six most eminent solicitors, stating that his charge was only what had been usually given. Mr. TURNER appeared for the defendant, and con tended that the case as without the jurisdiction of the Court, that there was no order of the Court on the sub ject, and that the defendant was justified in making the charge he did in conformity with the practice on such occasions, laying great stress on the offer that had been made by his client to return what the petitioner alleged to be an overcharge, as well as a remuneration for the trouble to which he had been put, and concluded by calling on his Lordship to dismiss the petition with costs. Mr. COTTON replied at some length. Ilis LORDSHIP said that this was a very important case for the profession, and before making any decision he would consult with the other Judges, and with re ference to the opinion that had been expressed by the Lord Chancellor and himself (Lord Langdale) then, it was four years before any answer had been given to the question that had been put to them by the body alluded to, from the difficulty that existed in recognising any fees to lawyers' clerks at all. If he acted upon his im pression of the merits of the case, he should make an order in conformity with the petitioner's application, but he did not feel justified in adopting that course. He would consult his Learned Brethren, as he had already stated, and wished to have the affidavits handed in. ELECTION OF MEMBERS OF COM MON COUNCIL-(THIS DAY.) (Continued from oar Afternoon Edition.) CRIPPLEGATE A 'Wardmote was held this day, till a late hour, at the School-rooms, Philip-laue, for the purpose of returning representatives to the Court of Common Council. After the eight members, who had filled the office, had been severally proposed, Mr. HtereifeNsom (the father of the ward) rose to pro pose Mr. Bennoch, of Wood-street. He (Mr. H.) had been an inhabitant of that ward for fifty years, and he had great pleasure in proposing his adopted son, Mr. Bennoch, for Common Councilman. He would make up for any de ficiency under which he might labour in addressing the wardmote, and for his own part he was very sure that if returned by the electors he would be found a faithful representative. Mr. Idiocies seconded the proposition, and in a few but pithy expressions inculcated upon the ward the im portance of sending at the present juncture, into the Common Council only thorough-going free-traders, to the exclusion of those who might be inclined to curry faveur with those in power, and at the same time feed the poor on mangel wursel and curry powder. A show of hands was then taken, and one of the pre ceding Common Councillors (Mr. Barnard) was de clared by the chairman to be excluded. Mr. BARNARD demanded a poll. 'The gentlemen whose names had commanded the show of hands then addressed the meeting seriutim. Mr. Hoole, Mr. Smith, Mr. Brown, Mr. Lart, Mr. Cash, and Mr. Brass, were known to he Liberals, and spoke in fa vour of an immediate abolition of the corn-laws and other measures of concession. Mr. Lee Wilsen's address was of a Conservative character. Mr. BENNOCU then came forward, and said that, not having had the pleasure of representing them in the Court of Common Council, and therefore unable to claim for himeelf any servitude to which he could refer as a warrant of his future coeduct, or as in part expressive of his principles, he should be obliged to trouble them with a few remarks illustrative of the course ha should adopt, and the line he should advocate, if fortunate enough to be returned as one of the councillors from that ward. Personalities in cases of this kind he abhorred, and be would therefore avoid them as far as he consistently could with the duty he had to perform; and, therefore, if questiening the principles of any one net of his own opinion, he hoped they would attribute his observations to public duty, and not to any private animosity.—(Hear, hear.) Th e fi rst measure to which he would allude was that most obnoxious and iniquitous one—the present corn laws—(Hear)—of which he had endeavoured to give them a specimen of his opinions in a short address he had published to the electors in the ward. lie would add but a few facts to the statements in ,that address, and he thought the meeting would deem them of suf ficient importance to justify his troubling it with them. He held, then, in the first instance, that it was most pre sumptuous and unrighteous that man by his laws should presume to stop the bounty of the Creator, by standing between him and his creature, interfering with the bounty, of the one and the benefit to the other. He referred more particularly to what had occurred in America—the result of these cruel laws. There, in the state of Ohio, not more than some three or four years ago, the crop s of corn upon the ground had been literally consumed. Why ? Because there was no market for the produce ; while at the same time in other parts of the same state the inhabitants were suffering severely from the want of crops.—(Hear, hear.) They, in Britain, would have taken that corn in exchange for their own manufactures, but these laws stood in the way. Th e state of Ohio contained 25,000,000 of acres, and of this number of acres 20,000,000 was capable of growing wheat. This was nearly one-third more than the entire surface of England, including its rivers, its rocks, feel its barren mountains.—(!fear, hear.) Now, how much better, he would ask, would it not have been if they had exchanged with a population, e vidently intended by nature for an agricultural population, the , produce to which their eountry was peculiarly adap ted, giving them in return the manufactures which their pcttharly fortunate position had enabled them to cultivate with such industry and success. How much bet ter, he re peated, would it have been for both coun tries, if this country had encouraged America to pursu e her agri cultural capabilities, inseeel of driving- her labourers to the manufacture of steckings and nightcaps, which they could get from England at one-teeth of the cost. Labour, they were all aware was wealth, and could any thing be so highly absurd as that the Legislature should compel the poor and famishing worlonau 10 give hi s labour for tw e lv e hours p e r d a y for two shillings werih of corn, when, by adopting another principle, he might ' get for the labour of six hours an equal amount of food. If the real interests of the labouring classes were consulted, they should give to other countries that which they produced most cheaply, receiving from those countries in return those articles in which they most excelled.—(Hear.) But, perhaps, some of tho: e opposed to those opinions did not calculate the immense increase in the population of the United Kingdom. It was, on all hands, admitted that the present growth of the country, taking the average of every year, was barely sufficient to supply the wants of the population. The increase, by the stati,tical re ports, were proved to be at least one thouusand per day, or above 360,000 a year, so that in some twelve years the population would have increased four or five millions. Thus, then, they saw the working of the obnoxious corrolaws. If they were to be supported, what would become of the multitudes added every year to the population ?—(Hear, hear.) There was no more cern than at the present time sufficed to satisfy the country, and yet an obstruction was placed in the way of the repeal ! of a law which prevented the additional increase of mouths to be fed. It was absolutely monstrous that any one could ba found to defend ttietn. w,5 ., 0n0 question to which he had referred in his address, and that was the question of national education. It uas a question which involved the happiness, the morality, and the comfort of every man in this great empire. The speaker then proceeded to ar gue in the most eloquent manner, that neglect was attributable to the Corporation of London, in that they had not long before curtailed some of their shows and dinners of some of their unfair proportions, and with the fund annually saved, some 5,000/. or 10,0001., founded schools, that it might be said over the world that, how ever ignorant the extremities of the country might be, London, the soul—the centre—could boast that at all its inhabitants could at least read.—(Hear, hear.) He then advocated the introductionof railway communication into the City, and he particularly referred to the expression (,f the candidate that " this was not the place to intro duce controversial subjects." Mr. LEE WILSON—I never said so. Mr. BENNOCII said that he had the words in writing, and here they were. He said, " this is not the place to introduce controversional sub jects." The Hon. Gentleman might not have meant that, but what then did he mean ? If he (Mr. B.) were honoured so far as to be sent to the Court of Common Coun cil he would go there determined to wage war with whatever bigotry, or prejudice, or despotism he might find in that small high place.—(Hear.) It was new to him to suppose that in that deliberative assembly a gentleman should hare only to announce, as if he had been an oracle, " listen to me, hearken to the voice of wisdom and be edified," and that he would be obeyed—that the assembly would arise with loud acclaim and confirm the oracle. The thing was absurd. The speaker concluded by assuring the electors that they should find him in the Council bear ing and forbearing, but always ready to defend the rights of the ward, and the country against any and ev,?ry Dttml: upon either.---(Hear, hear.) -, t :ofl then proceeded, and at the closing ',cur t'ns 'ay tilQ .embers were Hoole Smith Brown Lasts LIBERALS. . 27 Bennoch . 26 Cash . 26 brass . 25 Barnard . . CONSE Lee Wilson The poll will not finally .VATIVE. 18 !lose until Wednesday. THE SOUTH EASTERN RAILWAY. FATAL ACCIDENT. On Saturday evening an inquest was held by Mr. Carter, the Coroner, at the Royal Oak, Croydon, on the body of Mr. James Padden Cross, a respectable master butcher, of Croydon, who met with his death in conse quence of injurit a he received at the Dover Railway station, at Croydon, on the 24th of November. The inquiry created very considerable interest, on account of an impression that very generally prevailed, that the accident which led to the death of the decease i was occasioned by a want of proper attention and accommodation to the public on the part of the South- Eastern Railway Company. Mr. Howell, the superin tendent of the traffic department, was present to watch the proceedings, and to give any explanation that might be required on the part of the Company. The following evidence was adduced: — Mr. W. Jones deposed that he was a butcher, and reside dat Croydon. On the morning of the 24th of November, at four o'clock, he proceeded, in company with his orother, to the Brighton Railway station, to meet the up Dover mail train, for the purpose of pro ceeding by it to town, to attend Smithfield market. On their way they met the deceased, and they all pro?eeded together to the station, and the train drew up at the same moment upon the centre line of rails. A juror asked whether this was the usual place for the ordinary trains to stop ?—The witness said it was uot. The trains usually stopped on the side rails where there was a regular platform, but to get into the carriages upon the centre rails, it was necessary for the passengers to go round the wall, a very considerable distance, or else to jump over the wall. He then went on to state that the deceased, in getting over the wall, fell, and broke his leg. The CORONER—Then getting over the wall was not the proper way to get to the train ? Witness—lt was not, but the passengers by this early train generally did so, to save going round the wall which divided the two lines of rails. By the jury—lt was quite dark at this time, and there was no other light than a lanthorn, which the porter had who attended upon the train. The ordinary trains drew up on the side rails, and if this train had done so, the accident would not have happened. A juror inquired whether there was any platform for the passengers upon the centre rails? The witness said there was not. They had to scramble in as well as they could. He added, that since the acci dent there were lights at the station for that early train, and it also drew up to the side platform, By the CORONER—Had no doubt that the alteration was in consequence of the accident. Mr. Howell here said that he was present on behalf of the Company, and he was ready to give any explanation that might be required. _ _ In answer to a question from Mr. Hunt, one of the jury, the witness said that, before the accident, the sta tion had no lights. That there was no clerk, and the only person in attendance was one of the porters. Mr. Hunt. said he thought that it showed great want of care on the part of the Company to have such a state of things at so large a station ; and that the acci dent was in a groat measure to be attributed to it. The CORONER said, in his opinion, these inquiries were not at all relevant. The deceased appeared to have met with the accident entirely from his own act; if the train had gone over him it would have been an other matter. Mr, Hurt said, in his opinion, it formed a very proper point of inquiry. If the Company had taken the same precautions as they did at present, in all probability the accident would not have occurred. Mr. Howell said that if the deceased had gone two or three yards on one aide he might have crossed the rails by a passage made for that purpose, and need not have gone round the whole length of the wall. A juryman said that might be, but how could he see, when there were no lights ? Several of the jury ex pressed an opinion that, under any circumstances, the centre rails was a most dangerous place to take up pas sengers. There was uo platform, and it was, therefore, necessary so step up a height of eighteen or twenty inches, besides which the train was very close to the wall, and a nervous person might very well be frightened at having to be placed in such a position. They wished to know why the train could not draw up like the others, close to the platform, upon the side rails? The CORONER said that perhaps Mr. Howell would give the jury some information upon this point. Mr. Howell said the jury were aware that Croydon was a, large goods station, and it was customary to have the goods trucks at night upon the side litles of rails. It was therefore considered more safe that this early train should run into the middle line at Croydon, as that was alway kept clear, but since the accident it had been arranged that it should run to the side of the platform. He went on to say that the train in question was not originally intended to stop at Croydon at all, but in conse quence of a rc quisition to the Company by the butchers of Croydon, representing the accommodation it would be to them to get to market, it was arranged that it should stop for that purpose. Since the accident there had been lights at the station, and everything was done to prevent such an occurrence in future. A juror inquired whether there were many passengers who travelled by this train ?—Mr. Howell replied, very few indeed, and those principally on Monday mornings. The jury said they thought they ought to append to their verdict a recommendation to the Company to con tinue the precautions they had adopted of having lights, and causing the train to draw up to the platform. Mr:Howell said this would certainly be done without any recommendation of that kind. The Company were always desirous to do everything in their power for the protection of the public. The CORONER said there could be no harm iu the jury making the recommendation in qaestion. One of the jury said he thought that, at such a large station, there ought to be some one besides a porter to attend, to the train. Mr.;Howell said that a porter, with the guards of the train, 'was quite sufficient, and the Company would not think it necessary to employ any one else. With regard to having lights, and running the train to the side platform, he pledged himself that those precautions should' bo continued. d(wt oeei provenaT M t( httohh r no: . ,ttn E ,ibn jaa d uunt w eryty a b rd t the death futureedhWi eer an e pt abor returned eceosctefa l un , art i sg t bnoueenrd. deceasede o a n, w verdict arrangements a w t then a eos atf occasioned examined, b t y o the results ice,wm o p f t lo t e h dp e rwe a vi c t( c h.n i d ta e t n rhe t ec t o o ome h me i u s ern s r y de s an t te e ieo m no . f t to the Company p ac a c n i y . " the Accidental statio station, IMPORTANT TO MARINERS.-DISCOVERY OF AN ISLAND, &c. " Adelaide, July 25, 1845. " have the honour to enclose a sketch of the coast f)f part of .Noyt's Archipelago, furnished me by C ptain Irving, of the schooner Sisters, which shows a considerable variation from Flintier? chart of 1802, doubtlessly caused by the haze he met with marked on the map. The dotted line shows the coast as it exists. Streaky Bay is much deeper, while there is not nearly so deep a bay between Cape Bauer and Montt Westall as Flinders has marked. There, however, oxists a; bay, named 'Trial Bay,' not laid down by Flinders, in which the Elizabeth and Rebecca, of Hobart Town, was wrecked, as advised on the 16th May last. " Captain Irving also reports having discovered an island, about three miles in length, lat. 34. 47. S., and bon. 139. 39. E., not laid down in any chart. " I am, Sir, your most obedient servant, (Signed) " LLOYD'S AGENT. " William Dobson, , becrehry, Lloyd's." (ADVELTISEMENT.)—A WONDERFUL CASE OF AN ATTESTED CURE OF DROPSY BY HOLLOWAY'S PILLS AND OINTMENT.—Copy of a letter from Mr. Thomas Taylor, Che mist. .‘ Stockton, April 17th, 1b45. Sir,—Mrs. Clough, the wife of Mr. John Clough, of Adam, a respectable farmer, had been suffering from dropsy for five years, and had the best medical advice without receiving any benefit. She had heard of your pills and ointment, and used them with such surprising benefit, that she has now left off taking them, being so well ; but previously she had been given up as incurable. Signed— Thomas Taylor." old at Professor Holloway's Establish ment, 244, Strand, and by all respectable vendors of Medicine throughout the civilized world. ALARMING FIRE IN ADAM-STREET, ADELPIII.— Sunday night, shortly after nine o'..lock, a fire, attended with considerable damage, broke out in the spacious pile of buildings belonging to Mr. Edward Lewis, a solicitor, situate at No. 7, Adam-street, Adelphi. Mr. Lewis, at the time of the disaster, had upwards of 2,0001. worth of property in the building, but, fortunately, what is burnt awl damaged will be covered by an insurance in the Sun Fire-o ffi ce. The po lice, under Mr. Superintendent Pearce, exerted themselves to the utmost in keeping the many thousands of spectators out of the way o. the firemen. I • e , t ;.! . • . , t t • LYCEUM THEATRE. After a short recess this theatre re-opened on Satur day evening, with a new drama, entitled The Cricket on the Hearth; a Fairy Tale of Horne, founded on Charles Dickens's new Christmas tale, and dramatised by Albert Smith. Now, either Albert Smith is the most clever of adapters, or this is the most dramatic tale that Charles Dickens has yet written, or perchance both may be the case, for it is certain that the drama is a well-built, compact, interesting play, the plot of which is developed most dramatically, and may, consequently, be clearly understood by those who have not yet read. Dickens's book, which is more than can be said for the dramatic versions of the other works of Dickens. The play, like the tale, is divided into three " chirps," and on the curtain drawing up at the commencement of "chirp the first," we find ourselves in the interior of the cottage of John Peerybingle, the carrier. His wife, familiarly known as Dot (Mrs. Keeley), is preparing the evening meal for him, awaiting anxiously his return from his journey. "Fair she was and young, though somewhat of what is called the dumpling shape." The teapot is on the bob, the cold knuckle of ham, the butter, and the crusty loaf on the table; the kettle is singing on the fire, and the cricket is chirping on the hearth. " The kettle sad the cricket, at one and the same moment, and by some powers of amalgamation best known to themselves, sent each his fireside song of comfort streaming into a ray of the candle that shone out through the window, and a long way down the lane." John Peerybingle (Mr. Emery) now enters—" That lumbering, slow, honest John—that John so heavy, but so light of spirit ; so rough upon the surface but so gentle at the cure ; so dull without so quick within ; so stolid but so good." He is warmly welcomed by his darling little wife, who is somewhat younger than himself, and he greets her and her baby with all the warm affection of a trueshearted husband and father. Tele little Peervbinele is co. fi 'etl to the e of " Tilly Slowboy" (Miss Tut-net- - thus described by Diel:este :—" She was of a .--trtlight ',hap, this young lady, iusomiteh that nte , ll. . caied to he in constant dangte those ehtrp pegs her shoulders, on which they Isere loosely hung. Her costume was remarkable for t . ie par tial development, on all possible occasions, of some flannel vestment of a singular structure ; also fur affording glimpses, in the region of the back, of a corset or pair of stays, in colour a dead green." Miss Turner " made up" the character exactly, and acted it with the most quaint awkwardness. Verily the baby must have been a most hard-hearted little piece of hatnanity to have withstood the collisions with dressers, doors, and posts, which were constantly occurrine. John Peerybingle, before arranging his parcels for deli very, introduces to the cottage " a stranger" (Mr. F. Vining), old and deaf; who had joined him on the road. " His garb was very quaint and odd—a long,. long way behind the time. He had long white hair; good fea tures, singularly bold and well-defined for an old man ; and dark, bright penetrating eyes." "' If you please I was to be left till called for,' said the stranger, mildly. Do not mind me.' With that he took a pair of spec tacles from one of his large pockets, and a book from the other, and leisurely began to read. The carrier and his wife exchanged a look of perplexity." While the stranger is thus engaged, Dot examines the parcels which has brought home, and among them discovers a wedding-cake for old Tackleton, a toy-maker—a hard hearted,' close-fisted, ill-tempered, sour old bachelor, whose sole delight is to make every one about him as miserable as possible. This old fel low is about to be married to May Field ing (Miss Howard), the prettiest girl in the vil lage, who loves him not, but who consents to accept him as her husband, because her mother desires it, as the old curmudgeon is rich. Tackleton (Mr. Meadows) now enters to fetch his cake. "He didn't look much like a bridegroom, as he stood in the carrier's kitchen, with a twist in his dry face and a screw in his body, and his hat jerked over the bridge of his nose, and his hands stuck down into the bottoms of his pockets, and his whole sarcastic ill-conditioned self peering out of one little corner of one little eye, like the concentrated essence of any number of ravens." And a concentrated essence of ravens he is, for no sooner does the croaking old scoundrel enter this abode of happiness, than he makes John's mind uncom fortable by artfully insinuating that it is impossible a young woman can love an old man. While he is thus playing the part of a domestic lago, Dot, into whose ear the stranger, unperceived by John, has. whispered one single word, gives a loud scream. This creates an alarm, and John, and Tackleton, and Caleb Plummer (Keeley), Tackleton's journeyman, who has come to fetch a flower and a work-box for his poor blind daughter, gather around her. To all John's anxious inquiries " she only answered by beating her hands together and falling into a wild fit of laughter. Then sinking from his grasp upon the ground, she covered her face with her apron, and wept bitterly." The stranger retires to his room, and thus ends chirp the first. The scene of chirp the second is laid in the abode of Caleb Plummer, the toymaker. We find Caleb and his blind daughter Bertha (Miss Mary Keeley) at work, " the blind girl busy as a doll's dressmaker, and Caleb painting and glazing the four-pair front of a desirable family mansion. Caleb, poor and wretched, and miserable—hard-worked and ill-paid by the grasp ing Tackleton, has determined that Bertha shall live in a world of splendid imaginings. He took ' advantage of her blindness to make her happy—de scribed to her his miserable abode as a palace of rich ness, luxury, and splendour, and himself as young, • joyous, and handsome. TwAleton, who came in ire ' quently to inspect their work, was represented to her by Caleb as the kindest of benefactors, and his rough language as merely assumed, to prevent their offering to him their thanks for the comforts and luxuries which his benevolence had bestowed on them. The blind girl grows up to womanhood in this belief, and believing Tackleton to be all that her father had represented him to be, she loves him. The poor girl fancies her father is ill and low spirited. To convince her that such is not the case, Caleb commences singing, when Tackle ton enters, and addresses him after this brutal fashion "Go it—l can't sing—l can't afford to sing—l'm glad you can—l hope you can afford to work, too—hardly ' time for both I should think ;" while Caleb, to keep up the pleasing delusion of the blind girl, says to her, aside, "If you'd only see him, Bertha, how he's winking at me— such a man to joke." The blind girl greets Tackleton affectionately, and takes his hand to kiss, while he calls her idiot ; but at length even he becomes somewhat softened by her tenderness, grati tude, and affection, but instantly relapsing, he ' mutters something about " Bedlam broke loose," and Caleb stands stupified at his own handiwork, for it is his handiwork that burst of affection of the blind girl for her father's hard taskmaster. That little flower and that work-box which Caleb had fetched from the carrier's had been given to Bertha by him as a present from Tackleton, that she might not suspect the privations which he himself voluntarily endured in order to make her happy. A merry party now assembles at Caleb's. It is Mrs. Peerybingle 's pic-nic, which she makes once a fortnight at Caleb Plummer's, and the bustling little Dot, and John, and Tilly, and the baby, all arrive, and Dot cleans up the place for poor Bertha, and makes every thing comfortable; and May Fielding, Tackleton's bride elect, and her mother, Mrs. Fielding (Mrs. Woollidge), a stately lady in a majestic cap, who tells long stories about the indigo trade, are all there, and Bertha and May converse together—they had played together as children, and Bertha loved May, for she had been ever kind to the poor blind girl. To her and to Caleb, Bertha, in the most pathetic manner, confides the secret of her heart. She loves Tackleton, or rather loves that being whom her father had described to her, and implores May's forgiveness for her love, calling heaven to wit• ness that she could not desire to see him married to a wife more worthy of his goodness than May. " While speaking she had released May Fielding's hands, and clasped her garments in an attitude of mingled supplica tion and love. Sinking lower and lower down, as she proceeded in her strange confession, she drooped at last at the feet of her friend, and hid her blind face in the folds of her dress. Great God,' exclaimed her father, smitten at one blow with the truth, have I deceived her from her cradle but to break her heart at last.' " This scene was most touchingly, most truthfully acted by Miss Mary Keeley (who made on this occa sion her first appearance on the stage). It was worthy of Miss Kelly in her best days. The stranger joins the party, and John and Mrs. Field ing sit down to a hand at cribbage. The stranger and Dot have left the room, and Tackleton calls John from his game to look out at the window, and there he sees ' Dot locked in the arms of the stranger, who has di vested himself of his grey hairs, and is a stalwart hand some young man. " The carrier clenched his strong right hand at first, as if he would have beaten down a lion ; but opening it immediately again, he spread it out before the eyes of Tackleton, for he was tender of her even then, and fell down as weak as any infant." Emery's acting in this scene was very fine—it was quite worthy of the name he bears. Chirp the third takes place in John's cottage. He is sitting at his desolate hearth heart-broken. He thinks of his wife, of his fond love for her, of her deceit —but still he makes excuses for her. A darker mood comes over him—the stranger, the destroyer of his peace, is sleeping uteler his root. There is but a dor between them. He glances round the room—he sees a gun—he seizes it— t rushes towards the door—the stock of the gun is uplifted to break it open—when he hears the chirp of the cricket on his hearth—that sound which his wife so loved to hear, that sound which hitherto had been to him the harlenger of happiness —and instantly his better nature returns , he lays aside his gun, and, sinking in a chair, hurts into tears. The spirit of the cricket appears to him —" for all the cricket tribe are potent spirits, even though the people who hold converse with them do not know it (which is frequently the case) ; and there are not in the unseen world voices more gentle and more true, that may be so implicitly relied on, or that are so certain to give none hut tenderest counsel, as the voices with which the spirits of the fireside and the hearth address themselves to human kind." The spirit of the cricket appears and speaks to him words of comfort, conjuring up to him fairy visions of home which calm his troubled spirits, and assure him that Dot is still true and faithful. The vision has passed away, and Tackleton enters, and endeavours to complete the work of desola tion which he had begun, but John, Kith that strong faith in the good and the beautiful and the pure and the true—for all that is good and beautiful and pure is true— w hich constitutes at the same time the strength of the trusting heart and its reward, resists the machinations of the tempter. " I sat upon that hearth," he says, "last night, all night. I called up her whole life day by day ; I had her dear self in its every passage, in review before me; and upon my soul she is innocent, if there is one to judge the innocent and the guilty." Still does Tackle ten, who has come to bid John to his wedding, pour " the leprous distilment" into his ear, and John, at length, unable to deny the truth of the occular demonstration that he had had of his wife's falsehood, determines to send her back to her parents, but at her solicitation defers the period of her departure for a short time. The period of her departure approaches. Dot becomes anxious—the 4.1 and 3er g blind girl hears the sound of wheels, and May Field ing enters, the bride, not of old Tackleton, but of Edward, her old lover, the son of Caleb Plummer, who hiving heard of May's infidelity, had came disguised as the stranger, to steisfy himself of the truth of the reports he had heard, had confides 3 his secret to Dot, who had assisted generously, truth fulness, faithfulness, and love, s now more thoroughly convinced than c ver. Bertha is unde ceived by Caleb as to the true character of Tackleten, and lackleton himself, infected as it were by the atmos phere of happiness by which he is surrounded, becomes forgiving and human, and gives to the newly marries couple the wedding-cake which he had had prepared for himself, and all ends merrily with a dance, as a Christ mas piece should do. Mhs Mary Keeley, the debutaNte, is a young lady apparently not more than seventeen years of age. Her figure is finely proportioned, her eye dark and intelligent, her features most expressive, end her voice delightfully clear and finely modulated. In fact, she is exactly lake what her motker was IS Miss Goward. She has evidently been well taught, and has profited by her teaching ; and, inero' over, she is possessed of that without whi ch the• best teaching is of no avail—genius. W r e anticipa . e a very brilliant career for this young lady. Mrs. Keeley was fitted exactly in the character of pa, and Emery's carrier was one of the most artistica things he has yet done—full of pathos, intensity, an d power, without the slightest approach to rant. Keeley was excellent as Caleb; and Meadows, as TaCkletoll, was an embodied sneer. Taken as a whole, however, perhaps the most perfect thing in the piece was the Tilly Sluwboy of Miss Turner. She threw her self completely into the part, and gave the gauche ries of the emancipated charity-girl with the greatest gusto imaginable, frequently convulsing the audience with laughter. The principal periormors were called for at the fell of the curtail:, and the W.;ti rmiiliet th t 1 piC!iti!Ui - ague 11, ' wt ;/ - n ents n ll for Mr. Dlet:olS, w:lu did I.A, a. ,, %‘. it.tdi' at,. appetir ance. The piece is admirably got up, Lnd Kill pr ove one of the moat successful that has been produced eve n at the Lyceum. The approaches to the theater were thronged even before the doors were opened, al]; for g before the curtain drew up the house was crow in every part. COURT OF ALDERMEN. On Saturday a Court was held for the dispatch 0( business, when Abbrman p'AIikBROTHER Wade 60 "1 observations upon the subject of the corn-laws ; be 11(1 1 '`' that when the Corporation should go up with the ad d : dress to her Majesty, it would be represented as the a dress of the Mayor and Aldermen in their corp orate, and not in their individual capacity. He was des ire ' . of denouncing, in the most indignant and contemptu ous terms, the cry which had been raised that a hull!! was approaching. It was cruel and mischievous countenance such a report. There was, on the contrail': abundance of corn in this country, and the failure of potato crop was greatly exaggerated. eh' Alderman WOOD expressed his surprise that th e s ject should now be brought up again, when there hi i t lo been *a proper opportunity for speaking upon it at t ats late Court of Common Council, at which Alderilly Farebrother had attended. He denied most 4re_,,ng that any misrepresentation or exaggeration had g 27,4 made in respect of the approaching scarcity of 5437. The accounts were daily more appalling, and the ab s li% dance spoken of by Alderman Farebrother had no Va" ence in fact.Oll Alderman HUMPHERY also said he could see no r*est: why the statements respecting the scarcity shou ld characterised as false or cruel. The evidences were to ficiently palpable to warrant the statements that P been made. Here the conversation dropped, and other business was proceeded with. SPORTING INTELLIGENC E:b. CALEDONIAN COURSING MEETING. „Dina The Tay Stakes were won by Mr. Walker's gig" Mary; Dr. Brown's Swallow ranby up. The Clyde Stakes were won Dr. Brown ns Jacob' pi' Brown's Dunlop Cadger ran up. 33 ;ee The Tweed Stakes were won by Mr. Walker's H oner Mr. Dickson's The Maid of the Mill ran up. orb"' The Highland Stakes were won by Mr. Pollock' s rus ; Mr. Walker's Highland Mar y ran up. ' The Lowland Stakes were won by Mr. Walkers IT''—'4l4 Bee ; Dr. Brown ns Jacob ran up. (FP The Caledonian Gold Cup was won by Mr. G. Poll Cerberus ; Mr. Walker's Honey Bee ran up. Eg lin' 0411 The St. Leger Puppy Stakes were won by Lord BCSSN' Bell; Mr. Greenshield's Vixen ran U. , her i M rT . li i e ,a N t S e r r e a s o t n ra ,a w m S a t r a i k e e r s a were won by Mr. Curror 5 Coll Pe i ! Be T a h c e a C u a n r t u . lic i‘ h ir a . e A l S . t G a r k a e l s iain we ,a re pa w a - c o o n r b an y Sir W. ; The Dee Stakes were won by Mr. G. Police s Mr. Gibbs's Clansman ran up. Tyr ZG. T) MEE'' — I SOUTH LANCASHIRE (SOUTHPOR s ___ b u • 3 r. The Scarisbrick Cup for twelve dogs Iva wou Taylor's Blue ; Mr. Slater's Signora ran up. Robinson's ) lte Fl eet s w a o rn o d ; 3, C i t r i p. Chew'sfor sixteen Chancellor The Churchtown Stakes for twelve dogs were won D) Deacon's Derwent; Mr. Slater's Salina ran up. The Crossens Stakes were won by Mr. E. Taylor won t . :)'_ . m g:: '' Tr°. Blue; Mr. King's Alfred ran up. u l OW The Port Stakes were won by Mr. E. Taylor's ~ .2 ,. /' Lass; Mr. Robinson ns Shakspeare ran up. puppies anWnaps. gr. The Claret Stakes were won by Mr. King's JeriV ' Slater's Socrates ran up. . HUN APPOINTMENTS. p ot• Cheltenham stag hds., Wed., Hawling gate; Sat.,. _ bu ry- r ark. Seventh Hussars (Ipswich), Fri., Scole Inn—lli. South Berkshire hds., Tues., Streatley ; Fri., E anba l3l ' farm. Fri • Sir John Cope' e hds., Wed., Knowle-hat; farm (Easthampstead)-1 Fri., Filieridge; Craven hds., Wed., Ram q. s bury.mano r ; Sat., Catmore farm-10i. Devon hds., Fri., Haccombe. Mr. 's hds Sat. Mudfo-bridge. Lord Drax Elcho's hds " ., Tues., WestrdMains ; Fri., Dunse C Sat., Sat" Hutton-bridge-10i. de; H.H., Tues., Hinton-house; Wed., Matterley-gater; Grev ell-hill-10 Gogerddan hds., Wed. Llanrystid ; Sat., Eglwysfac h • rri , Hambledon hds., Wed., Broadhalfpeuny-down Stephen's Castle-down-10i. Sir J. Gerrard's, Tues., Newton-station- 11 . Mr. Lushington's hds., Fri , Norton. court-14. Hursley lids., Fri., Ball. down. Monmouthshire hds., Fri., Rocktield---10. MURDER IN LIVERPOOL.—LIVERPOOL, eifer DAY.—Considerable excitement has prevailed in torn .A i " o f $ in consequence of the death of a prostitute by th she is sister in misery and crime. The name of the 11forer M‘Gill, quite a young woman, and the name of the 0 1 ,sw ift, nate wretch who inflicted the fatal wound is Jell s 1 9- both, as before mentioned, living a life of profligacy' e.g' ' yet sipation. It appears, so far as the particulars hav e thi s been ascertained, that between twelve and one o'cloo ith s morning, Swift and the deceased were carousing " f e iglr number of sailors in a public-house in Tally-street, a. 'soul bourhood not of the highest repute in this town. et difference arose between them, whether in c onsequ-al: did anything said or done by their paramours, el l is by some, does not clearly appear, but certain ' R ed, they got to high words ; Swift being very much ec t ,sa and declaring with all the vehemence natural and coin:110d to bee class, that she would take the life of the dee:111,01 before morning. After some little time Swift Wa s ° I ssa s down ; but on leaving the public resumed, and the deceased, some parties say, a b in Swift a blow, whilst others say she only gave her A Pa `„" ti gh order to get out of her way. This was, however, 6'613 house the anatre aro sg a pe for Swift, who was already much exasperated, a n ~r i aeo made a stab at the dec e a se d, inflicting a most t o and dangerous wound on th e side of the neck, ne ar put collar-bone. The deceased staggered and fell tlet‘ o , : rb e re was immediately carried to a neighbouring h° llse L ia s she died a short time aft erwar d s . A surgeon wa s as but arrived too late to render any assistance. As 7,aile Swift had perpetrated the deed, she ran off with the 00 1 in her ,hand, and was pursued down Park-lane by thee, 001 persons who were standing by. She called ou t to ° tsti the women in pursuit that she would serve her she ll done the decrused, if she persisted in following her',s and mately she outran her pursuers, and was lost sight ;7.100 succeeded in making her escape. The knife was foung b r so ess an hour and a half afterwards lying on the ground la '',. lava t aus. co , alley, one of the streets through which Swift is us ually on it , passed. It was a large clasp knife, such as reed by sailors, and had marks of blood still remaini n g . are although there had been heavy rain for sense On° toe viously, which must necessarily have obliterated some ° bad stains. Every exertion was made, after information _Ang been given of the occurrence, with the view of diseev g " 'L t .. the author of the foul deed, but up to this moments 7 cs thlac' withstanding the police have made a strict search , 13 , ° D ,ocit had transpired likely to lead to her apprehension; it probable, however, that she can long escape detection. le, LOSS OF THE BARQUH LEE.—A dispatch , o p s tra ceived at Lloyd's from the Foreign-office, reports the ing of the British barque Lee, of Liverpool, oft l ; s P e Mary, Lisbon. Part of her cargo has been l a nded in maged state. BIRTHS. inst.. at Cui balton Hall, IRO. Oa the 17th • Mr. 4. Corbally, d;:ughter. •‘. o f On the 20th it;st., at fld•rring- t P'cltutoq, the I'm' ring -court, o . the Rev. W. Hawks, of a laugh ter. FIIP , On the 20th • tSt. J in. t., at ohn's-wood, Mrs. Richard • of a daughter. Mead], the _------. MARRIED. LT r ot , On the 18th inst., at Motford, Salop, Captain John ro late oilier Majesty's 35th Regiment, to Anne, third surviv; daughter f the late R. Middleton. Esq., of Broomfields, S.lll At the Cathedral, Canterbury, Martaduke Kelhar n • 11; of Southwell, Nottinghamshire, to Julia Anne Chri° daughter of Robert Christie, Esq., of Manchester. Ar no r On the 16th of August last, at the English church, • B bo t raise, Chili. Mr. Jaynes Elawksley, to Julia, second daub' of Mr. W. 11. Greaves. DIED On the 14th inst., at Bratton, Wilts, E. F. Seagraiwo On the 15th inst., Mr. James Wright,ofßurlingto n-stree Manchester, a , red 68. On the 17tli inst., at Packington, near Lichfield, 1 1 Maria, widow of the Rev. Thomas Levett. On the 17th inst., Elizabeth, the wife of Mr. W. W illscarb of Palestine-place, Cambridge-heath. On the 17th inst, at Paris, John Ward, Esq., aged 86 1 ;0 4, On the 17th inst., at Bognor, Sir John Chetwode, M.P. for Buckingham, aged 82. oLfl On the 18th inst., in Surrey-place, Old Seat-road , Chaney Jones, Esq., aged 81. oA of On the 18th inst., at. Brighton, Mrs. Maclaurin, la W.-- the te Dr. James Chichester Maclaurin. 01 0 On the 18th inst., at Royal-hill, Greenwich, Julia, the daughter, of M inst., in St. Stone. PO' On the 18th John's-wood, Mr. George lit - On the 19th inst., Elizabeth Turner, widow of the late Turner, of Northumberland -street, Strand, aged 81. pe ter On the 19th inst., a t Cl ap h am - common , Surrey, Blackburn, Esq., aged 76. —0 , London: Printed and Published by MURDO YOU- G oft No. 112, Strand, Printer, at The Sun Office, No of . Strand, in the Precinct of the Savoy, in the Coulli"' #v Middlesex, Monday, December 22, 1845. r": 3 !.~cl ~. .f• _~:~ a ~. = Ito Q Aw 1 41 d 4 4ei 4. 4 , 4 klar4 Itht (tw lath the 4 44 sel I lett, ow 11 *Pe4 . .4t. 4 1 44Alta 8 4 , Th e Im ith od A , *144 %L i tlt I '~tt~ B V~ CO ~~L ~~IN~ kith Il eious So 'olg, t 144