The Sun. — London, England, 1847-03-12 00:00:00

~~~_ ASSIZE INTELLIGENCE. NORTHERN ClRCUlT.—York,Marchlo. CROWN COURT.—(Before Mr. Baron ROLFE.) Ammon Schofield, aged 21, a shoemaker, of respect able appearance, was indicted for having, on the 3d of January last, at Quick, in t h e West Riding, feloniouslyf and maliciously maimed t hree cows, the property o Moses Bottomly and James Bottomly. Mr. Pickering appeared as counsel for the prosecution, and Mr. Sergeant Wilkins and Mr. Oeerend to defend the prisoner. It appeared from the evidence of the prosecutors that they are manufacturers and farmers at Weakey, in Saddleworth, where, close to them, the prisoner also lived at the time of the offence. On Friday, the Ist of January last, the prosecutors were together, along with the prisoner and about twenty others, at the Commercial Inn, at Weakey, and on the next night, up to a late hour, they were at another inn, near the Commercial, called the " Gate." On the first of these occasions there arose an altercation between the prisoner and Moses Bottomly, the prisoner abusing Bottomly and challenging him to fight, and the same conduct was renewed when they met the next night. The prisoner, as the prose• cutors stated, abused Moses without any provocation, and charged him with having had improper intercourse with his sister-in •law, the wife of his brother James. Moses Bottomly resented the imputation by using an ex pression which was taken to mead that he would " have the law" of the prisoner. The prisoner said that it he did, he, the prisoner, would make it straight with him either by day or by night. The dwellings of the prosecutors and that of the prisoner were all within a few yards of each other, and the public-house in which the prisoner was seen, and where he appeared to be somewhat affected by drink, was situated between those dwellings and the shippon where the cows in question were kept; the ship pon being about 200 yard* from the public-house. The prisoner was seen in the public-house until near mid night, after which, as it was supposed, he went to the shippon and there committed the offence, being actuated by malice against Moses IBottomly. James Bottomly stated that, one of the cattle being ill with the epidemic, he went to look at her, and to give her some mash, at about one on the morning of the 3d. The other cows were then apparently quite well. But the same morn ing, about eight, he found all three in a state which showed that great violence had been done to them. They were all bleeding, and had wounds inflicted on their hinder parts. Two of them were now recovering from their effects, but the third was still in a dangerous state. The latter part of this evidence was confirmed by Mr. John Mills Preston, a druggist, who had been sent for to examine the cows on the morning of Sunday, just after they had been injured. His LORDSHIP recapitulated the whole of the evidence in summing up to the jury, who, after a short delibera tion, found the prisoner Guilty. The Learned JUDGE, in passing sentence, observed to the prisoner, that his was unlike many other crimes, in which the criminal to be punished often, from the cir cumstances of the case, might contract some commisera tion. It was not like an offence arising out of want, nor like one of violence to the person of another, occasioned by some provocation. This was a barbarous and wicked act, such as to disentitle a man committing it to any thing in the way of sympathy or pity. Sentence—To be transported for seven years. WESTERN CIRCUIT. —Salisbury, March 10. CROWN COURT.—(Before Mr. Justice CRESSWELL.) William Watts, Samuel Wallis, Edward Weston, John Hawkins, Thomas Tibbles, and Stephen Buckland, were indicted for having maliciously wounded John James Calley, with intent to maim and disable. There was a second count, charging them with doing the act to pre vent their lawful apprehension. This case created the greatest interest in the county, owing to the severe in jury which was inflicted upon Mr. Calley, who is a gen tleman of the highest respectability, and a magistrate for the county of Wilts. Mr. Hodges and Mr. Chaloner Smith conducted the prosecution ; Mr. Slade defended all the prisoners but Buckland, who was defended by Mr. Saunders. Mr. HODGES, having stated the case to the jury, called Johu James Calley, Esq.--I live at Burderop-park, in the parish of Chiselton, in this county. On the night of Friday, the 6th of Now - caber, I was going to bed about eleven o'clock ; on looking out of my window I saw the flashes and heard the reports of two guns in the neighbourhood of some beech trees in the park. I called to my groom and footman, and proceeded in the direc tion of where I heard the reports. I came to the gar dener's house, and then on to the keeper's lodge. I was overtaken by the gardener Newton, and Collins the foot man. Wo went to a place called the Wilderness. Collins and Newton then went in different directions. Newton afterward* joined me. I then went across the park to a place called Deadman's Gate, and then into the road. I then saw two men standing in the road, one much taller than the other. I said " It's all very well, now you are on the public road, but I know where you have been." I then heard the words "fire," or "shoot at." This came from behind the road, and not from the men in the road. I was then knocked down by the butt-end of a gun, and rendered senseless; I did not see a gun, but suppose it must have been. I cannot identify the person who struck me. I (lid not come to m) self until I found my self in my kitchen, with my servants bathing my head. I lost a great deal of blood. I then drove to the police station at Swindon, in my gig, and gave information to the police. I received a violent cut inside the mouth, and my cheek bone was fractured. It was three weeks before I could eat anything. There was no ex ternal wound. I af.crwarda found that I had been kicked in the back, and much bruised. I preserve game, and there is game all over the park. John Newton—l am gardener to Mr. Carley. I live in a cottage on his property, near to some beech trees. On the night of the 6th of November, about eleven o'clock, I heard the report of three guns, and saw the flashes of two. It was towards the beeches. I heard the persons ram down their guns again after firing. I then saw six men cross the park towards the kennel, and directly after Mr. Calley came to the house. He called me up, and I went with him to the Wilderness. I then went towards the kennel alone ; I then saw two men in the plantation, one tall, the other short. I called out " halloo," and they came out into the park. I went to wards them. They came within a yard of me. They swore at me, and asked me what I wanted. I told them I did not know them, and would not do them any harm. They then said, " We will let you gang this time." The tall man had a gun. I went towards the house, and they went towards the entrance gate. I then met Mr. Calley and told him. We went after the men towards Deadman's-gate. I was rather behind Mr. Calley. We got into the road ; and I saw three men get through a gap in the hedge out of the road. There were two more etanding in the road. I heard Mr. Calley speak to them. and then one of the men knocked him down with the butt, nd of the gun he had with him. It was the tall man. He then rushed at me. I ran away and threw myself over the bank. I then ran along the field, and heard some one cry out "Fire." I heard two discharges, and was struck twice, first on my right side and then in my loins. I fell down, and laid there some time. It was a week before I could appear before the magistrates. After the guns were fired I saw a black dog, about the size of a sheep dog ; it came towards me. Both the men bad gun. They were the same men I saw in the park. I identify Buckland as one of the men, the shorter of the two. _ Cross-examined by Mr. SAUNDERS—I never knew Buckland beture that night. . . Other witnesses were examined to prove the identity of the prisoners. Mr. SAUNDERS addressed the jury on behalf of Buck land, and contended that, although there might be a case of suspicion made out against the prisoner, yet that the evidence was far too slight to justify them in con victing him of so serious a charge as that laid in the in dictment. He also coat, nded that, even if they were satisfied that he was one of the persons present, yet that it was clear that he was not the person who struck the blow, and that there was no evidence to show a common purpose by alt to commit the outrage which no doubt had been committed on Mr. Calley, and so he must be acquitted. Mr. SLADE then addressed the jury for the other pri soners, after which Mr. Justice CRESSWELL summed up the case in his usual lucid manner, explaining to the jury the law appli cable to the case, laying it down, that if the jury thought that the prisoners went out with one common purpose to do an unlawful act, and meant to resist all opposers with violence, that although only one might have struck the blow, all were liable if they were near enough to aid and assist. He then commented at great length on the evidence. The jury then retired to consider their verdict, and after a short consultation found all the prisoners Guilty. They were then severally sentenced to be transported for ten years. This trial lasted nine hours, and was the last but one of the assize. NISI PRIUS COURT.—(Before Mr. Justice WILLIAXS. ‘ Henry Hall was indicted for a 'burglary in the house of Charles Miles, at Westbury, in the county of Wilts, and for stealing therefrom a quantity of bacon and cheese, and a smock frock ; and Thomas Hall and Wil. limn Parsons were charged with feloniously receiving those things, knowing them to have been so stolen. Mr. POULDEN, who appeared for the prosecution, called Charles Miles, the prosecutor, and three police constables, named Scott, Werner, and Prosser. From the testimony of those witnesses it appeared that the prosecutor went to bed about twelve o'clock on a the 28th of November, leaving his house all safe, and when h e came d own th e nex t morn i ng , b etween aevetn and eight, h e f oun d th a t th e h ouse h a d b een b ro k en into, and the ar n t ad icles named in the indictment stolen. The burglar lookingbeen effected by breaking through a black windowinto . the garden. In the garden were footmarks co vered,e with snow, as it was believed, only of one man. began to fall that night about half-past two o'clock, consequence of certain suspicions, two of the policemen, with it 7l t o h m a t went on the 30th to the house of Thomas Hall Henry Hall, who was his nephew, also resided. Portion of the stolen property, f house • they found a o which they session. They also found the two Halls there, took pos they at once took into custody. Inspector l whom •obtained the key of the house from arner hav ing Thomas Hall wen t down to the house ag ain ne xt day , and ~s he , n ear it he saw Par sons and a man name d Mogg, whom got hom they had been unab l e to take into custody, moving awa y. He ran after them , a nd succeede d in taking Parsons, shortly after he had thrown away a parcel which he had with him, and which contained other por tions of the stolen property.. Parsons said that he had got it from Thomas Hall's house, and told the policeman .- that bewould show him where he got it from if he would go back to the house with him. They did go s back, and Parsons opened the door with a key which he had, and pointed out a cupboard which had previously escaped observation, and which contained some more of the stolen property. Parsons had further stated that he went down with Mogg to get the bacon, in consequence of Mogg having told him that he knew where there was some bacon in Thomas Hall's house. The evidence with which it was sought to fix Henry Hall in particular, as the person who committed the burglary, was the fact of his having been seen near the house of the prosecutor about eleven o'clock on the night in question, of his having a knife about him when taken up with which the cheese appeared to have been cut, and of a button having been found the next morning in the prosecutor's house corresponding with those upon the trousers of Henry Hall, one of which appeared to be missing. Mr. PRIDEAUX addressed the jury for the prisoner Parsons, and-contended that he could not be found guilty of receiving. There was no sufficient evidence that Parsons was one of the parties who committed the bur glary. There was another view of the case which en titled Parsons to his acquittal, which was that the evi dence, far from showing that Parsons had any guilty knowledge that the things were stolen from Miles, rather showed that Parsons and Mogg had themselves stolen them from Thomas Hall, and the jury must re collect that the trial was for receiving things stolen from Miles, and not for stealing things stolen from Thomas Hall. Mr. Justice WILLIAMS having summed up, the jury found all the prisoners Guilty. HOME ClRCUlT.—Chelmsford, March 11. THE CASES OF POISONING AT CLAMING. Sarah Chesham was indicted for the wilful murder of Joseph Chesham, her son, by administering him a quantity of arsenic. After the evidence had been offered, recapitulating the facts of the case, which have already appeared before the public, the Learned Judge summed up, and the jury returned a verdict of Not guilty. NORFOLK ClRCUlT.—Aylesbury, March 10. CROWN COURT.—(Before Sir F. PoLLocs.) DISTRESSING MANSLAUGHTER.—Joseph Shirley, aged 20, Richard Cross, aged 37, and John Pangburn, aged 26, all described as labourers, were charged with felo niously killing and slaying Thomas Shirley, on the 23d of October last. Mr. Somer conducted the prosecution, Mr. Birch de fended Shirley, and Mr. Wells defended the two other prisoners. This was an inquiry of a most painful nature, arising from the not unusual consequences of excessive drinking among the labouring classes, though from the relation ship between the deceased and the prisoner Shirley. who were brothers, the case was of rather an extraordinary character. It appeared that the prisoners and the de ceased were drinking together with many others of both sexes, at the Milkpail, at Steeple Claydon, the " feast " of which village was then at its height. Pot succeeded pot till the fun grew fast and furious towards the break of day, when a dispute arose between the deceased and his brother, who for some time resisted their instigation; but being over-persuaded, he at last consented to fight his brother, and the whole party sallied out to the " Pound," where a deadly and long protracted: fight ensued, beneath the " glimpses of the pale moonlight," while the combatants were cheered on by the bystanders, and backed respectively by Cross and Pangburn. At the 40th round, which took place at the lapse of an hour's fighting, the deceased was unable to " come to time," and the young man was hailed the victor of the unnatural affray. His triumph was, how ever, short-lived and fraught with pain. His brother was taken home insensible, and died the following day, when the three prisoners were all taken into custody, the young man actually fainting when acquainted with the consequence of the night's quarrel. To show the cause of death, two medical men were this day examined, but they differed very materially as to the result of their observations. They agreed that the deceased had received violence about the bead and neck, which bad produced extravasation below the scalp, and that there were about four ounces of blood in the brain, and adhesion of the pia mater to the brain, but they differed in their inferences from the existence of that adhesion ; the one thinking that a predisposition to apoplexy, caused by previous inflammatory action, was thereby indicated, which might have terminated fatally under mere excitement and passion, produced by drink ; while the other attributed that adhesion entirely to the blows received during the contest with the prisoner. The Learned Counsel made the most of this difference; each contending that the jury were bound to give their clients the benefit of their doubts which it suggested as to the actual cause of death ; but the jury, atter a brief deliberation, returned a verdict of Guilty against all the prisoners, who were ordered to " stand down," for the Learned Judge to consider their cases before he passed sentence on them. Anne Keene, aged 14, was charged with maliciously and wilfully setting fire to the house of Stephen Butler, at Bledlow, in this county, on the 17th of July last. The jury Acquitted the prisoner. March 11. Anthony Thomas Ryves, aged 44, was arraigned on an indictment charging him with cutting, stabbing, and wounding Henry Plumbe, on the 3d of August last, with intent to disable him and to do him some bodily harm. Mr. Dasent conducted the case for the prosecution ; Mr. Power defended the prisoner. This was a case which has attracted considerable in terest in the neighbourhood where the transaction took place out of which it arose. The prisoner being at the time in question a police-constable on the Great Western Railway, located and residing near to the Maidenhead station ; the person alleged to have been injured by him being a youth of sixteen, articled with Mr. Ward, a most respectable and esteemed attorney, residing at the town of Maidenhead. It appeared from the evidence adduced by the Learned Counsel for the prisoner, that the prosecutor set out from Mr. Ward's house at half-past eight o'clock on the even ing of the 3d of August last, with a son of Mr. Ward's, and a lad named Williams, for the purpose of accompany ing the Path( r of the latter on his way home to Eton. Before they passed through the town. Mr. Ward's son quitted them, and when they got to the bridge where the railway crosses the turnpike-road the youths parted from Mr. Williams and retraced their steps. As they passed the Dumb Bell Inn, which is about fifty yards from the cottage of the prisoner, they were attracted by the sounds of music and revelry, and stopped to listen. While listening at the window they saw a lad, twelve years of age, who was the son of the prisoner, and in the service of a lady in Maidenhead, as page, who ap proached and laughed in their faces. This boy had at tracted the attention of the prosecutor and his young friends, by whom he had been christened " Buttons," probably from the fact that his mistress delighted to adorn his livery with a superabundance of those orna • ments. Be this as it may, the prosecutor remarked to his companion that this was the " famous Buttons," and Mr. Williams stepped forward for the purpose of checking what appeared to him to be in. solence. The boy thereupon ran away to his father's cottage, calling out "Mother, mother, they are lickin g me." At first he w a s p ursue d, b ut h e soon stopped, when his pursuers pulled in, and calling out " Come in here and we'll give it you," made his escape into his father's garden, where he was heard to make some complaint. When the youths got opposite the cottage, the prisoner came hastily round from the back of it, and rushing into the passage, where a lighted candle stood, appeared to " clutch" something hastily in his hand, after which he turned back, and, leaping the gate into the road, commenced a pursuit of the parties, who by that time had taken to their heels. After running some yards he gained on them, and Wil liams made his escape over the hedge into a field. Plumbe continued in the road, and being overtaken by the prisoner, was collared by him and knocked down. On rising from the ground he saw the prisoner standing over him, with his right band raised up, and grasping a large dinner knife, as if about to plunge it into him. Shrieking out "Have mercy; for God's sake don't hit me with that," the affrighted youth dodged to avoid the blow, and so perhaps saved his life; for he had just time to bend his body, and turn his back, before he re ceived a blow below his shoulder, and felt the knife pe netrate his body, while the prisoner cried out in a great rage, " You scoundrel, if ,ou say another word I'll have the life out of you." Just then two men approached, and, diverting the attention of the prisoner, allowed time to the prosecutor to escape, while they walked home with the prisoner, and saw him enter his cottage with a large knife in his hand. As soon as the prosecutor reached a place of safety, a surgeon was sent for, and his patient remained for two weeks in a very faint and weakened state. On hearing what had happened, Mr. Ward dis patched a constable to apprehend the prisoner, who, when charged with "stabbing Mr. Flambe," said, "Stab bing! pooh, nonsense! If he was stabbed, he must have done it when he fell on the stones, for I had no weapon with me;" a tale he repeated three times that night. On the following day, however, his wife came to see him, and on her remarking that "it was a pity he had the knife in his hand," he said, "Yes. I had been cutting the honeysuckle tree, and I suppose he must hare been wounded in the scuffle when he fell." To this she re plied, " Well, you brought it home and gave it to me, and I wiped it and put it along with the others." Mr. POWER, in addressing the jury on behalf of the prisoner, contended that there was no proof that the wound had been given by the prisoner with any such in tent as those laid in the indictment, or with any design at all ; the great probability being that he had rushed after those young men on the instant, for the purpose of avenging their conduct towards his son, and that having the knife in his hand at the moment, the wound had been received by the prosecutor, without any intent on the part of the prisoner, who was, most likely, completely oblivious of the fact that he had such a weapon in his hand at the time, though he remembered it on the fol lowing day. Sir F. PoeLocK then summed up the case to the jury, leaving it to them to say whether the prisoner had in flicted the injury:which the prosecutor had undoubtedly received, and if so, whether it had been inflicted de signedly or in a moment when he was unconscious. If the blow was received by the prosecutor by accident, and without any design on the part of the prisoner, then, of course, there ought to be a verdict of not guilty; so also if the blow was given by him in a state of unconscious ness, for then he could not be said to have any such in tent as was necessary to render him liable to this charge. If, however, the jury should think that he designedly struck the prosecutor with so deadly a weapon, they could hardly fail to attribute to him one or other cf the intents laid in the indictment, and it would be their duty to find him guilty. The jury deliberated together for nearly ten minutes, when they returned a verdict of Guilty. Sentence deferred. SENTENCE. —Th e three men conv i c t e d yester d ay of manslaughter were today sentenced to be imprisoned for the term of about tone month, so as to complete the period of their coi e fi a n n einent to five months. In so doing anon the brutal Judge l d and degrading in the strongest terms upon gwholaafz atlinicr,,,tprrence and ap probation, of those parties, especially the females, driven probation, had encouraged, soner Shirley to engage in so unnatural a ri pugilistic combat with his brother. Iu his opinion, they __~_~T~ THE SUN, LONDON, FRIDAY EV:ENING, MARCH 12, 1147. IMPERIAL PARLIAMENT. ROUSE OF LORDS, March 11. The LORD CHANCELLOR took his seat on the Wool sack shortly after Five o'clock. BANKRUPTCY AND INSOLVENCY ACT. Lord BROUGHAM said that he had received the advice and assistance of the Bankruptcy and Insolvency Conmissioners both in town and country, and the sug gestions he had received from them were so valuable, that he had been induced to make great alterations and additions to the Bill which now stood for the second reading. He wished, therefore, to withdraw that Bill and bring in another in its place, which he now moved to be read a first time. The Bill was then read a first time. Several private Bills were brought up from the House of Commons, and read a first time. INFLUX OF IRISH INTO HULL. Lord BROUGHAM presented a petition from the corporation of Hull, to which he begged to call the attention of his friends opposite, lamenting the calamity which had befallen Ireland, and stating that they felt it to be a great hardship that they had to support the Irish poor, a great number of whom flocked into the town, in addition to their own. They also prayed the Legislature to pass an effective poor law, and that it would take measures to carry it out, as was done in England. They further stated that they felt no confidence in the administration of the law if confided to the Irish alone. His Lordship read a letter which had been forwarded with the petition, show ing that the rates were now levied unequally. The parish of which the letter spoke contained upwards of 6,000 acres, 1,100 of which were in Chancery, and could not pay any contribution, but there were 2,600 acres which were not represented at all, and the proprietors of which were subscribers neither to the dispensary nor any other charitable institution in the parish. POOR LAW SETTLEMENT. Lord ASHBURTON presented several petitions against the law passed last yeat. SILK MANUFACTURES. The Earl of ELLENBROUGH said that in moving for returns of the exports from this country last year he had stated that the exports of cotton, woollen, and linen manufactures had been smaller than before, but' that the silk manufactures appeared to be stationary, or bad rather advanced. In looking to those returns, however, he found that while the value of the whole of the ex ports of silk was 2,345,000/., upwards of 1,461,000/. had been imported into this country during the last three years, so that the net value was only 879,0001. lie be lieved that this arose from the fact that a large quantity of bandannas were introduced into this country which here underwent a process of manufacture, and then were exported as British manufacture. He would now move the return of the exports of the goods solely British, as distinguished from those which had been previously imported, and then exported as British. The Earl of CLARENDON believed that large quan tities of bandannas were introduced into this country, which were afterwards dyed, and thus having undergone a process here were deemed to become British manufac ture. He had no objection to the return. The Earl of RADNOR suggested that the declared value should be stated as distinguished from the official value. The return was then ordered. PUBLIC WORKS IN IRELAND. In reply to a question from the Duke of BUCK , The Marquis of LANSDOWNE said that all the in formation at present in possession of Government had been presented in the books laid on their Lordships' table, and further inquiries at the present moment would be likely to disturb the existing arrangements. The Earl of ELLENBOROUGLI wished - to7ask the Noble Marquis if he had any objection to liiy.titi'the table of the Rouse a continuation of the correspondence of the Board of Works since the last publication of the correspondence ? The Marquis of LANSDOWNE said, there would be no objection to publish from time to time all the'cor respondence. He wished, also, to take that. opportunity -. of observing, with regard to Capt. Wynne, that thenaniea of the labourers struck off the listsof the destitute persons employed on the public works in Clare could not be re turned, as their names were not recorded in the books of the relief committee. He also wished to observe that Captain Wynne was not now employed in Clare, but in Galway. Lord BROUGHAM moved for a return of the exami nation and commitment of four boys who were corn. mitted to prison by a Middlesex magistrate for taking the cap off another boy, -and throwing it into a field.— Agreed to. Lord MONTEAGLE moved for a return of the num ber of persons who were transported during the last ten years in Ireland.—Agreed to. CUSTODY OF OFFENDERS BILL. This Bill was read a third time and passed. PRISON DISCIPLINE BILL. This Bill was also read a third time and passed. The following Bills were read a first time : The Consolidated Fund (Eight Millions) Bill. The Markets and Fairs Clauses Bill. The Commissioners Clauses Bill. The Gas Works Clauses Bill. The Waterworks Clauses Bill ; efter which their Lordships adjourned. HOUSE 'OF COMMONS, March 11. The SPEatmu took the Chair at Four o'clock. LYNVI IRON COMPANY. The Lynvi Iron Company's Bill was read a third time and passed. were far more culpable than the excited :and drunken combatants or their seconds, and he would mark his sense of the case by inflicting the lenient sentence above mentioned. RAILWAY COMMITTEES. (YESTERDAY.) HOUSE OF COMMONS. GROUP I. (Continued from our Afternoon Edition of yesterday.) Mr. Ausnic addressed the Committee at some length in explanation of the South-Eastern scheme, contrasting, as he went over the details, the advantages which he alleged the branches of the company for which he appeared bad over the branches of the rival company. The whole expenditure sought by the five Bills of the South-Eastern Company was about three millions of money, for which 125 miles of railway would be made. The rival scheme would cost about two millions, for which 72 miles were proposed to be constructed. Taking the two schemes comparatively, the distance now from London to Dover was 87 miles; by the Mid Kent South-Eastern line, with good gradients, the distance would be 75 ; and by the South-Eastern (Chart) line, with in ferior gradients, 74 miles. The Brighton line, with bad gradients, would be 75 miles and 2 furlongs. From London to Tunbridge Wells the distance was now 40 miles. By the South-Eastern improved line, with good gradients, it would be 32 miles; and by the Brighton line, with bad gradients, 28. From London to Hastings the distance at present was 73 miles ; by the improved South-Eastern line, with good gradients, it would be reduced to 64 miles; by the Brighton line, with bad gradients, it would be 61 miles. From London to Canterbury the distance now was 80 miles; by the im proved South-Eastern scheme it would be reduced to 60 miles; while by the• Brighton line, with bad gradients, the distance would be 62 miles. The distance to Maidstone was at present 55 miles. The South-Eastern scheme would reduce it to 35 miles; by the Brighton line it would also be 35 miles. These were the comparative dis tances of the two projects. The distance to Sheerness by the South-Eastern branch, against which there was no compet ing line, would be 46 miles. The Learned Gentle man then proceeded to explain the history of the reduction of the fares on the South-Eastern line and their subsequent increase, in which he contended that the reduction was a mere experiment to see if it were pos sible to carry on the company at the lowest possible rate of fares—lower, in fact, than any other line in the kingdom. The experiment had failed, and the fares were after a time raised, though they were still lower than many of the principal lines in the kingdom, and less than those charged by the Brighton Company, while they ran more third-class trains than almost any company in the empire. Colonel Middleton, of the Maidstone depot, was examined, with the object of showing the great advantage of the pro posed South-Eastern Kent lines to the public service. Colonel Menzies, of Chatham, gave evidence to the same effect, after which, The Committee adjourned till to-morrow (this day) at twelve o'clock. APPREHENSION OF CART ROBBERS. Robberies of carts leaving Manchester for the country, after dusk, have of late been numerous; information of a dozen or more, to the amount altogether of upwards of 501. in value, having reached the police since the 16th of January last. Most probably, they have just re ceived a check in the apprehension of four men, who, there is little reason to doubt, have been for some time engaged in this mode of plunder. Some time since, Superintendent Taylor received information which led him to believe that these robberies were committed by men named James Hackett, John Dowd, and James Ryan, and that a man named Thomas Cain, living in Little Ireland, was in the habit of carrying their stolen goods for them with a horse and cart. In consequence of this informa tion, a watch has been kept on the entrance into Little Ireland ; and on Friday night, Frederick Hollis, one of the constables of the D division, who was ,in plain clothes, saw Cain, between seven and eight o'clock, with his horse and cart, proceed along Oxford-road, through Princess-street, Saint Ann's-square, by the Collegiate Church, through Strangeways, and along the Bury New-road. The officer kept the cart in sight, and discovered that there were two men lying at the bot tom of it, who occasionally raised their heads, as if to reconnoitre. Having proceeded to about 300 yards past the Grove Inn, on the Bury New-road, the cart stopped, and one of them (who proves to be Hackett) jumped out of the cart, but after looking round, said, " Go on a bit further." They went on till they got opposite to the site of the Zoological Gardens, when they stopped again. At this spot the officer passed them. It was dark, and he could not observe their features very distinctly, but he saw four persons about the cart, and saw them lift into it what appeared to be a square chest. brit where they got it he did not see. The cart was immediately turned round, and driven back towards Manchester. The officer followed, and as the cart stopped for two or three minutes at the Grove Inn, he saw what appeared to be a tea chest in it. When it arrived opposite the Collegiate Church, Hackett jumped out of the cart, and immediately afterwards. something having intercepted the officer's view for a moment, the latter saw Ryan and Dowd, in company with Hackett, in the street, who followed the cart to Little Ireland, and lifting the chest out, took it into the house of Dowd's mother, at No. 25, Anvil-street. The officer then went and reported what he had seen to Superin tendent Taylor, who immediately proceeded to the place with another officer, and finding the door fastened, forced it open. They found Hackett and a man named Gill (a lodger, it appears) sitting by the fire, and in a back room a great quantity of tea, emptied upon a bed cover and table cloth, and a door placed upon it. Hackett said ,he knew nothing about it. Gill immediately said he would not get, himself into trouble for that; Hackett, Ryan, and Dowd had brought the tea there. On searching further, a grocer's axe, used for opening casks, &c., was found on the premises. Gill said that Hackett had carried the chest out of the house. Gill, Hackett, and Dowd's mother were then taken into custody. Cain was shortly afterwards appre hended; he said lie had net been on the Bury-road that night. Dowd was apprehended about one o'clock, in Rigby-street, Salford, and Ryan about an hour after, at the house of his father, in Hayes street. They were taken before Mr. Trafford, at the New Bailey, on Saturday, and remanded till M.nday. In the meantime information had been received that two chests of tea, of the value of 61., had been stolen from a cart belonging to Mr. John Howarth, carrier between Manchester and Bury, on the night when the above occurred. It appears that the tea was sent from the house of Messrs. Labrey, New Brown-street, and delivered to Mr. Howarth, at the Wheat Sheaf, Fennel-street. A carter mamed Walker Gregory was dispatched about half-past six with the tea to Bury. He called at the machine in Strangeways, and the tea was then safe in the cart. By the time he had got to Prestwich, Mr. Howarth overtook him, and, looking into the cart, immediately missed the chests of tea. It appears that the carter is very diminutive in stature, and was compelled to lead his horse all the way, circumstances which no doubt greatly favoured the operations of the parties by whom the tea was abstracted. The weight of the tea was found to correspond exactly with that of the quantity stolen from the cart, and the empty chests were disco vered by the police in the river Medlock, on Saturday morning, about one hundred yards from the house where the tea was found. On Monday morning, when the case came on again before Mr. Trafford, the man Gill was admitted as evidence against the others; and after the above facts had been stated, the four male prisoners were committed fur trial at the sessions, and the woman was discharged.—Manchester Guardian. SEAMEN'S HOSPITAL. The anniversary dinner of this excellent institution took place on Wednesday at the London Tavern. The Earl of Auckland was in the chair, supported by Sir C. Adam and Lord Radstock; Sir T. Hastings, Sir J. H. Pelly, Admiral Bowles, Captain Pelly, with other friends of the hospital, were also present. In proposing the prosperity of " The Seamen's Hos pital," the CHAIRMAN congratulated the establishment on its increasing prosperity. It was supported by in dividuals of every class, from the master of the largest empire in the world to th e lo wes t seaman. Lord AUCKLAND likewise adverted in terms of high praise to the management of the institution, which was, he said, not less excellent than its principles. Not less than 4,000 seamen were relieved last year. Amongst the supporters of the hospital appears the name of the Imperial High Commissioner of the Emperor of China, Keying, who subscribes 900 dollars. At various times the Trinity House have given about 14,0001., and the East India Company 2,7151. to the hospital. It is gratifying to find the masters of the American and other foreign nations contributing to the support of the hos • pital, which in truth has a sufficient claim upon their liberality, extending its assistance to the sick seamerf every nation, amongst whom a re a considerable num er of Turks, Chinese, Malays, and Africans. The subscriptions announced in the course of the evening amounted to above 11,0001.: amongst which wero her Majesty (annual), 1051.; the Queen Dowager (annual), 101.; Trinity Corporation, 3001.; Merchant Elder Brethren, 1001.; East India Company, 1051.; Earl of Auckland, 31/. 10s.• ' Lott' Viscount Melville, 21/. ; Admiral Bowles, 211.; Alexander Grant, Esq., 211., &c. Besides the donation from their public funds, the mem bers of the Trinity House contribute annually above 1001. privately to the charity. A FOUR-FOOTED POST RUNNER.—Other mastiffs, idle, good-for-nothing, or mischievous, are running about the village having no other avocation but barking at the passengers or biting one another, but not so Pompey, the dog of Dalswinton. What is that the little fellow has got in his mouth ? Something in a bag ; but only seek to open it and see, and he will show his teeth as well as any of the snarling curs around. He has been at the Peet-office and got what he required, and does not trifle with any canine comrade on the road. He is in the service of her Majesty's Sappers and Miners, and is as faithful and well-disciplined as any biped in the corps. A party of this regiment have been for some time stationed on the heights at Dalswinton, taking observations, and every day the dog goes for them regularly to the village post-office, gets the soldiers' letters, and then returns with them to the bivouac on the hill. We suppose he pre-pays the letters they send off also, but on this point we cannot speak with equal con fidence.—Dumfries Standard. SA CRlLEGE.—Yesterday information was received by the police that on the morning of the Bth instant the church of Birtle-cum-Bamford was sacrilegiouly broken into, and the following property stolen therefrom. An Irish linen surplice, fastened at the neck with one plain button, and marked on the face with the letters I. H. S.; a cassock made of Orleans cloth, lined on the body and sleeves with very thick cotton ; two scarfs, one of which was thick silk about four inches broad and three yards long, fringed at the end, and the other made of Orleans cloth, beil fourteen inches wide, doubled, and three yards long; al , a white twilled cotton sheet, three small prayer books, o of which contained the name "Beery," six psalm books con taining the old and new version, two having the words " Birtle Church" written therein. The pariah church bf Donington, in the county of Lincoln, was also broken and entered, and a white communion cloth, three bottles of wine, with a communion plate stolen therefrom. There has, we understand, been a partial stri among the horse nail makers in the neighbourhood of Dable , some of whom are standing out for a rise of 3d. per thousand. --Wolverhampton Chronicle. REPORTS The following reports were brought up and agreed to, and the Bills ordered to be read a third time : The Doddington Rectory Division. The Whiteburn and Kelso and Lauder and Kelso Roads. The Wolverhampton Rates. COTTON IN INDIA. Sir G. STRICKLAND presented a petition from Preston, praying the House to grant an inquiry into the laws regulating the growth of cotton in India. ANATOMY ACT. Captain PEC HELL presented a petition from the inha bitants of Chatham complaining of the injurious effects of the Anatomy Act. WAR AND PEACE. Dr. BOWRING presented a number of petitions f rom Chelsea and ot her places, r pray i ng for the sub s tit u ti on o f a rbitration for fighting. —They were ordered to lie upon the table. Mr. W. ELLIS presented seven similar petitions. REDUCTION OF DUTY ON TEA. Mr. S. CRAWFORD presented a petition from the in habitants of Rochdale, which stated that the manufac turers of cotton were suffering severe distress, and that the greatest relief would . be afforded to the m by t h e ex tension of the trade with China, and they p ra y e d th e H ou se to make a reduction in th e d uty on tea. FORESTALLERS—IRISH POOR-LAW. erative of Bury, p ray i ng t h e enforce s Mr. T. DUNCOMBE presented a pet i t i on f rom the he on unemployedthe op laws aga inst forestall ers , an d a ll persons w pt up the price in the markets. Th e y a l so p raye d nt ke of that a complete poor-l?w_ might be passed for Ireland. THE MALT -TAX. Mr. CHUTE presented a petition from the county of Norfolk, praying for the repeal of the malt-tax. t h r a all proceedin gs w o u ld b e im Armagh, and ce r tain t TENANT RIGHT. , Mr. SHARM AN CRAWF ORD presented several petitions I p fa r s a t y , in A g n t places England, stayed upon th e Landed Pro p ert y (Ireland) Bill, until the tenant right should be finall y s ecured. MERCHANT SEAMEN'S FUND . Mr. HUME wished to ask a q ue stion of the Right from B e Hon. the Vice-President of the Board of Trade. He wished to know if the Government had as yet deter mined to appoint a commission to take into considera tion the subject of the Merchant Seamen's Fund ; and, if so, when the House might expect to receive the report? Mr. M. GIBSON said that the whole subject of the Merchant Seamen's Fund was under attentive considera tion, and a commission would be appointed immediately. Mr. WAWN moved for a return of the revenue re ceived by the Commissioners appointed under the Act 11 Geo. 4, c. 49, intituled, " An Act for the Improve ment and Preservation of the River Wear and Port and Haven of Sunderland, in the county palatine of Durham," in each year since the year 1842: list of the Commissioners now acting and qualified under that Act, stating their names and places of residence ; also, the number of meetings of the board, and the names of the Commissioners who have attended each of the meetings of the board, in each year since 1842. Account of the debt owing by the Commissioners, the dates of contracting the same, and the rate of interest paid (in continuation of Parliamentary return, No. 514, sess. 1843). Also, an explanation of the account for the year 1832, where ~ the arrears of river duty, due December 31, 1831, were . £1,141 16 3 Disputed in Lord Londonderry's ‘stone account 75 11 1 Are made to amount to the sum of Also a particular and detailed account, in each year since 1842, of what has been paid in salaries; also in law expenses, in promoting and opposing Bills brought in or threatened to be brought before Parliament, and under what clause in the Act 11 Geo. IV., c. 49, or other authority, the same was paid.—Agreed to. Mr. GROGAN moved fora return, showing the num ber of loads of hay and straw forfeited in Smithfield Market, Dublin, for the five years ending the 31st day of December, 1836, 1841, and 1846, and how the same or the proceeds thereof were disposed of. THE WELLINGTON STATUE. Mr. CRAVEN BERKELEY gave notice that, qn Monday next, he should ask the Noble Lord, the First Commissioner of her Majesty's Woods and Forests, what the final intentions of her Majesty's Government wero with respect to the removal of the Wellington statue. RETAIL BREWERS. Mr. MUNTZ moved that the petition he had yester day presented from the retail brewers of Birmingham be printed with the votes.--Agreed to. The liox. MEMBER gave notice that, on the 23d of this month, he should bring in a Bill to enable retail brewers in the midland districts to keep open their houses till twelve o'clock at night, as they were permitted to do so in th• metropolis. POOR-LAWS (IRELAND). Mr. FITZGERALD presented a petition from the guardians and rate-payers of Thurles, praying that thg poor-rates should be levied on union instead of electoral districts. PUNISHMENT BY DEATH. Mr. EWART presented petitions from several places n Scotland, praying for the abolition of all capital punishment. RELIEF COMMITTEES IN IRELAND. Mr.STAFFO RD O'BRIEN, seeing the Right Hon. th Secretary for Ireland in his place, wished to know wbei ther the circular which had been issued by Mr. Redingi ton was to be the sole guide for relief committees relative to the time when public works should be discontinued. He saw by the papers of that morning, that there were 60,000 men at present engaged, and if that circular were to furnish the only rule, he thought the number would require to be increased instead of diminished. Mr. LABOUCHERE said that the Treasury had issued directions to the Board of Works of a very precise nature regarding the manner in which they were to dimi • nish the number of men engaged on the public works. He had no objection to lay those directions on the table, when the Hon. Gentleman would be put in possession of the views of her Majesty's Government upon the subject. RUSSO-DUTCH LOAN. Mr. HUDIE presented various petitions praying the House to discontinue the payment of the Russo-Dutch Loan. DESTITUTION IN. IRELAND. Mr. P. SCROPE wished to know from the Secretary for Ireland whether the Government had taken met; sures to prevent the families of those persons who were confined in prison for offences from starving. He re ferred to one case in particular—that of a woman, who, having been confined in prison for stealing some articles of bread, found, on her release, that her husband was dead. He wished to know if, in such cases as these, Government had provided any resource ? Mr. LABOUCHERE complained that the Hon. Member had given no notice of his question. He thought, however, that such a case as that named by the Hon. Gentleman should be the first to command the attention of the relief committees. NEW WRIT. Lord MARCUS HILL moved that a new writ be issued for the election of a Member for the borough of Lewes, in the room of Sir Howard Elphinstone, who had accepted the office of a steward of the Chiltern Hun dreds. CASE OF SIR THOMAS BRISBANE AND OTHERS. Dr. BOWRING called the attention of the House to the petition of Sir Thomas Brisbane and others, with a view to the redress of the grievance of which it com plained. The petitioners were the executors of a gen tleman who died a short while ago in India leaving per sonal property , to the amount of 150,0001., and the executors retained -a considerable amount in their hands- - in anticipation of being called upon to pay the legacy duty upon the residue.. In the year 1839, the probate of , the will was granted. Subsequently the legacy duty was demanded of the executors, and paid, though they protested against the claim as altogether illegal. The Ron. and Learned Member having stated the particulars of the matter, cited two cases in 1537 and 1838, in which, under ana logous circumstances, the legacy duty was not exacted. The opinion of the late Sir William Follett was, that the legacy duty could not be claimed under the circumstances. This, he submitted, settled the question. Ultimately the authorities in Scotland, probably acting under the influence of menaces from the Government, paidL 9,2841. 6s. 4d. on the 19th of January, 180,- , the Scotch judges having decided that the legacy duty was payable. An appeal against their decision was carried to the House of Lords in the same year; considerable delay took place, which was not, however, attributable to the petitioner; but in February, 1845, it appeared so clear to the House of Lords, and to the judges there as sembled, that they came to the opinion that the legacy duty was not payable in this case, and declared that the payment of the duty entirely depended upon the testator at the time of his death. The Government had thus appropriated about 9,2001. which did not belong to it. He hoped that after the statement which had been made the House would allow his motion for a Select Com mittee to inquire into the subject. .4 ) AltircE4 dlc.l'tiot' dis -I*te`ihnf6ntrat'faefajtOedby.,l44 :Honourable Friend, nor tiCt; attempt - too- controvert .any 'fact stated by him, with one exception. The reasons on whkilthe4-overriinent liaa Acted Were .sound ones, 'apd,lokc N 604 ,the - An Act was 401;Slied in the year , -17915. and a rinCiplii had I?p'eo est', .!dished untler;that-40t,M011 .had " continued do*n to theVegerit,itime. Thk practice `was that Whereier let. , tars, of administration I were -She'll out, legacy duty was payable upon the bequeits. That prineiple had not allfred in Any way from the year 1796 doivn to that time. Thtic,24l#6lotima of the law since 1845 was somewhat diffeaent frjom that which had ruled since 1796, for it hadybeenlaid down by the judges that domicile was the t•st of exemption from legacy duty, and that ad e.r 4 stration on property i n I n di a was liable to legacy duty. He did not think that the Hon. and Learned Member had made out any case to call for the intervention of that House. It was in the power of the House of Lords to pronounce a reversal.— (Hear, hear.) It was in their power, and there might be circumstances to warrant a decision not accordant with general rules ; but until that supreme court did pronounce such an opinion, he thought that there was no case made out by the Hon. and Learned Member. Mr. WARBURTON said it did not appear to him that the Crown were prepared to refund the money, and by this rule, if the Crown did wrongfully possess itself of the money of a subject, they would never return it. Was it a reason that, because the money had been taken by a misconstruction of the law, the Crown should not return that money ? A distinction had been attempted to be drawn in this case between the law as laid down by the House of Lords in the cases of the Attorney-General v. Jackson and Arnold v. Arnold, because the property in this case was partly in India and partly in England. Was he to take the law as laid down by the Lord Chancellor, or was he to take the law as declared by the Secretary to the Treasury? That seemed to him to be the simple question to be decided. Sir R. H. INGLIS contended that at the time the money was paid the law justified the Crown's receiving it, and therefore the parties had no right to have it refunded. He concurred with the Hon. Member for Sheffield, and would resist the motion. Mr. HUME said that in 1838, when a similar claim for legacy duty was made on the property of a party that died in Jamaica, the payment was resisted, and the Go vernment did not enforce the claim. The ATTORNEY-GENERAL said the Hon. Member who had spoken in favour of the resolution misappre hended the qUestion. In 1845 an alteration had been made in the law regarding the legacy duty, and since then it had not been enforced against the estates of those who died abroad. With regard to the opinion of the late Sir William Follett, that was an opinion founded on a private case submitted to him, and was not to , be taken as any authority on the point. In 1795 two of the most eminent lawyers that had ever held office in this country under the Crown, Lord Eldon and Lord Redesdale, gave their decision that legacy duty was payable in every case where the probate duty was claimed in this country. From that time up till 1845 the first lawyers in the country concurred in this decision. In the case of Arnold v. Arnold, which, however, had na bearing at all on the present case, Lord Cottenham decided that the parties were not liable to pay the le gacy duty in England, as they had done so in India. In the case of the Attorney-General v. Thompson, it was decided that legacy duty was payable, and Mr. Thomp son accordingly paid it. Dr. BOWRING said Mr. Thompson denied that he had paid it. The ATTORNEY-GENERAL admitted that the decision was appealed against, but Lord Campbell, Lord Brougham, and Lord Lynd hurst decided that the payment of the legacy duty was governed by "domicile." If this case had occurred before 1845, the duty would not have been payable ; but if the principle of the Hon. Gentleman was to be adopted, every shilling levied since 1796 would have been an illegal act. It was a prin ciple in law, that all money paid through the decision of juries, or by mistake, was not recoverable.—(Cries of " Ob, oh, and laughter.) He repeated that was a principle in law. On these grounds he fett:it . his: duty to oppose the motion of the Hon. Gentleman. Mr.SCOTT said that it appeared that Mr. Douglas had aid a legacy duty upon certain moneys to the amount of 9,2001. The Attorney-General had stated that the case was one perfectly similar to that which might happen between private parties, inasmuch as the money had been paid with the belief that the just interpretation of the law required it. Now he took the strongest exceptions to the arguments of his Learned Friend, for the law had not been decided, and at the very moment when the Crown demanded the money the Crown was aware that the law was contested in the case of the Attorney-General v. Thompson.— (Hear.) Now, if the case was similar to that of private partieS, he ventured to say that any man would blast his character for ever as a man of honour, if he refused to pay the money, and what was more, he would affirm that there was not a mercantile house in the whole Of "the city of London that would act in the manner the Crown had acted in this case. He believed that domicile, instead of governing the law of legacy duty for only the last two years, had been the rule tor the.last twenty years. The Government, there fore, in calling upon the administrators to pay 9,2841. at that time were acting against the principle of the law as then existing, and as acted upon by the judges. The Hon. Member then referred to precedents in support of this position, and concluded by expressing his determi nation: to support the motion of the Hon. and Learned Menatiel- kr' Bolton. Sir te.IIIESIGER said, that after the very clear statemeit of 'his Hon. Friend, the Attorney-General, there {detained very little to state on this subject. The only question the House had to consider was, whether it would grant a Select Committee, which would be con sidered to be equivalent ordering the money to be re funded. It seemed strange to him, that persons who had saved money under the law as it then stood, should afterwards, on a change taking place in:the law, call upon the Government to refund that mone Hon. E Hemoney. w ri o e u nd. ld certainly vote against the proposition of his Mr. BERNAL said that the Right Hon. Gentleman G th e e n c tl as er ed n u who had. last spoken had omitted one important point in his view of this question. He (Mr. Bernal) maintained, if the facts contained in the petition were correct, the money had been paid under a protest, and . that at once took . t h o ad f t of vast ini portance,,and it was iery, necessary that points involving construction sattrur6:tito.according to the then considerations like the present should . be permanently p h l e ac n e a d rr i o t. w clirtcrileaTsaeghuicetisttihond Right n °ll o l t d under the law itself, and the motion could not therefore b 3 objected to on that ground. Dr. BOWRING replied, and asked leave to withdraw n "The ei money iw, andwa s his motion, Promising at the same time, at a future period to bring the subject forward in another shape. The motion was accordingly withdrawn. FLOGGING IN - THE NAVY. Mr. HUME postponed his motion for a return of the number ,of persons flogged in the British navy till after the othei;,Orders of the day. DEATHS IN IRELAND. Lord G. BENTINCK moved for a comparative return of the number of deaths which have occurred in each parish of Ireland in each of the three last periods of airs months, commencing the Ist day of September, and ending the Ist day of March respectively with a summary tor each period. It was important that they should know whether the proper course had been taken, in order to save human life. There had been two systems in operation. One, the last year, which provided food and maintenance for the people ; and this year a system of political economy in which all the previous precautions were treated as of no use. It was for this purpose that he moved for these returns. Mr. LABOUCHERE could assure the Noble Lord and the House that whatever difficulty there might exist in meeting the present motion, he had no wish but to furnish the fullest information of the destruction of human life which had taken place. He regretted it as much as any man could do, and he believed it was going on, and would continue to do so to a fearful extent. The Government had already supplied two returns ; one was the number of coroners' inquests at which verdicts of death by starvation was given ; and the other was that to which he consented the other night, supplied through the constabulary force. The real difficulty of acceding to the Noble Lord's motion was, that he did not know how accurate information was to be obtained. There were but two ways of getting in formation. With regard to the first plan, he regretted there was not, as in England, a register of births, mar riages, and deaths, owing principally, he believed, to re ligious differences. He -vas not without hope that this difficulty would be got over, but at the present moment there was no such system in operation as could furnish correct returns to the Noble Lord. Nothing could be more inexpedient than inaccurate information, as it was only calculated to mislead the public mind. The other objection was, that the returns, if made out at all, would be entirely voluntary on the part of those alone who could give any information on the subject, as there were no public functionaries in Ireland whose duty it was to furnish the information sought by the Noble Lord. The Noble Lord proposed that the clergy, of all denominations, should be required to furnish the information; but as they did not keep returns of the numbers who died in their respective localities ; neither Protestant nor Roman Catholic clergymen were expected to keep lists of the deaths that occurred in their parishes, so that in 'many instances they could only assume the numbers. Thus the information would be most fallacious. All he could say was, that he would write to Ireland to inquire whether there existed any means whatever of affording information which, being accurate, could be relied on. He feared that there were no accurate means, and if there were not, he thought the House would derive no good by having information of a vague character before them. These were the only objections he entertained to the motion, for he concurred with the Noble Lord, in thinking thut it was the duty of the Government, and he was sure it was their desire, to afford the fullest information on the subject. The Noble Lord had alluded to a statement made by the Hon. Member for Limerick (Mr. S. O'Brien) that 240,000 had recently died from starvation, or from diseases closely connected with it. Now he must say that he was quite ignorant of the source from which the Hon. Gentleman had derived his information. Ho (Mr. Labouchore) was totally ignorant that any such possible accounts had reached the Irish Government. But he had written to Ireland, and he could not help protesting, in the name of the Government, against the statement of the Noble Lord, that the Government, acting upon the principles of political economy, had not devised proper remedies, and that, in consequence, starvation and death had increased. The Noble Lord stated that the present Government had not acted so benevolently or so wisely as their predecessors ; but he (Mr. Labouchere) was at a loss to know in what respect the conduct of the two Governments differed? He stated that they had not provided food for the people like their predecessors, but if he would look at the returns of the quantity of food that had been exported for the people of Ireland, he would find that the quantity of food very much exceeded the quantity exported by the late Government. The dis tress, it was true, had increased, but the Government had done all in their power to meet the increasing wants of the people. Nothing could be more dangerous to the Government than to make these vague and unjust accusations against it un less Gentlemen were prepared to prove them by facts. The Government had done all in its power to relieve the present calamities ; but there was unfortunately pre valent in Ireland a notion that the Government could prevent these calamities, and the motion of the Noble Lord was much calculated to give force to that idea. He thought it rather hard that the Noble Lord, without giving proof, should state in the face of the House and the country that the Government had sacrificed the lives of thousands of their fellow-beings at the shrine of poli tical economy.- Captain HARRIS considered that things were con tinuing in a most objectionable state. He would suggest that the duty might devolve upon the relief committees to ascertain the number of deaths which occurred. He considered that it was this continual compromise which rendered their legislation upon Irish subjects such a matter of int:rminable difficulty. . _ ➢ir. SHAW said that he did not consider that the clergymen in the different districts kept registers of the deaths which occurred. ' Lord JOHN RUSSELL said that the Government would make inquiries, but they would not undertake to furnish any vague information they might receive. In consequence of the many reproaches which had been cast upon the Government, he considered it right to make some statement to the House next Monday night, cn going into Committee on the Poor Relief Bill, with regard to what had been done and what was then doing, and why he thought it necessary that out-door relief' should be administered. Lord G. BENTINCK said that the increased mor tality in the workhouses, throughout all Ireland, was nine-fold. Last year the deaths were 162, while this year they were 1,493 per week ; and within the last three weeks there were only 218,000 quarters of wheat sent into the country. He blamed the Government for not making earlier and more stringent exertions to avoid the calamity which had befallen the country. He would beg leave to withdraw the motion. The CHANCELLOR of the EXCHEQUER said that the estimates of the deaths, which the Noble Lord had made, were just as much exaggerated as those esti mates he had made when making his late proposition to the House. The French Government bad only sup plied food to the army in Algiers. Mr. DISRAELI contended that his Noble Friend had not exaggerated his estimates ; he had founded them upon the very documents before the House. And with respect to the statement of the Chancellor, respecting the French Government, the reason they only purchased corn for their army was because they had exhausted a three years' store of provisions in first feeding the people. The motion was then withdrawn. Lord JOHN RUSSELL moved the consideration of the Lords' amendments to the Labouring Poor Bill. They were agreed to. RUSSIA LOAN. Mr. B. ESCOTT desired to know if a new Act would be necessary in order to pay the interest on the Russia loan ? Lord PALMERSTON said that a new convention would not by any means be required. NAVAL ESTIMATES. Captain PECIIELL asked if the Government in tended to take the naval estimates upon Monday or Friday. Lord J. RUSSELL said it was not the intention of the Government to take the consideration of them till Friday week. CRACOW.—ADJOURNED DEBATE. On the motion for resuming the adjourned debate upon Cracow, Mr. T. DUNCOMBE presented a numerously signed petition, adopted at a meeting held in the Tottenham court-road, against the annexation of Cracow to Austria. Mr. MONCKTON MILNES said that the Noble Lord on the former evening propounded a doctrine which he (Mr. Manes) did not think was very tenable. He implied that the House were not warranted in going into the question at all. It was a matter of fact that their foreign affairs were generally too much locked up in the bosom of their Foreign Secretary. The subject of the absorption of Cracow was made a matter of a moral, distinct, and solemn protest, and he thought that the House was in no degree derogating from its dignity by taking that opportunity of confirm ing that act of her Majesty's Government. He had re joiced to hear the protest which had been delivered against that act by the Duke of Bedford, and he had been glad to see a letter on the subject by that distin guished diplomatist Sir Stratford Canning. He believed that by the consent of the House to the resolution pro posed by the Hon. Member for Montrose, the Govern ment would give effect to the protest which had already been made. If, however, the Noble Lord at the head of her Majesty's Government refused to give the assent of the Government to the resolution, it would encou rage a notion upon the Continent that the Government of the country was not glad to have an opportunity of declaring itself against this act of incorporation. The general feeling of the people of this country was so strongly marked against the wrong which had been done to Poland, and it was not because the Poles in this country were emigrants or strangers that that feeling was shown by large contributions to their assistance, but because it was deeply felt that they were suffering from injustice and oppression. In the papers relating to th e suppression of the free city of Cracow, laid before the House, the last ten or twelve pages were taken up by an elaborate argument—he supposed by some Austrian author —to show that Russia, Prussia, and Austria had at their disposal and sole control the independence of the city of Cracow. It stated that the independent existence of that city was granted solely by those three Powers, as, in 1815, when the treaty was concluded, the assent of no other courts beside those of these three powers was demanded. He should be enabled to show that the assertion was wholly destitute of foundation. In the Congresses held at Utrecht and Aix la Chapelle, treaties were entered into solely between England and France, to which the other nations were merely assenting powers. The treaty of Vienna was, however, au agreement between all the powers cf Europe. A distinguished statesman had said that the final ant of the treaty of Vienna was now the fundamental law in Europe with reference to European States; for it was a law framed by all the States com prising the system, and obligatory upon all. It was not in the power of the Congress of Vienna to arrange all the affairs of Europe, but one of the principal objects was the disposition of the territory which had become vacant by the peace of Paris. This was divided into two bodies, one relating to Poland, and the other to Saxony. There had been previously made arrangements with regard to part of this territory, and there were several articles in the treaty of Paris by which the allied powers were to have the disposition of the territory relinquished by France. The first arrangement made with regard to the Duchy of Warsaw was made between Russia, Prussia, Austria, n l called O a n nd tn E a n d g v la is n e d , b ; n a t n w d e F re ra to nc n e av a e nd no Sp p a a i r n t werein th e t p o ro b c e ee e d a committee, many important arrangements were Intrusted'. and to agents of each of the four powers _forming a The object of England, as would be found upon an inspection of the papers relating to this suhject, wasthf to i t have an establishment of the independency of kingdom of Poland. The Emperor of Austria ag ree d to so laudahle an object ; but the Emperor of Russia insisted upon an absolute connexion between the king dome of Poland and Russia. To this Austria And England objected, and that so strongly that there was every expectation of the breaking up of the Congres! and the recommencem en t of war. A committee will then appointed of Russia, Prussia, France, Austria, ail" England, and called the Committee of Saxony, to whe°l was intrusted the arrangement of the matter. On the 31st of December the Emperor Alexander laid hefo.re the committee his proposition for the partition of t . h t e t Duchy of Warsaw, and it was in that proposietios that it was offered to allow Cracow t° ma ny l9 free, independent, and neutral city. Afte r modifications, that was agreed to, and that was the feat dation of the ind, pendence of the city of Cracow. 0 1 was therefore clear that when the final arranecin'htnoe the Duchy of Warsaw was made, England :1;1 v n were parties to it, for shortly afterwards the in de ref . ence of Cracow was declar e d. How in the face . these simple facts, could the Austrians 'declare that one cow became a political body by the will of t he t oo e protecting Powers alone, surprised him; for it was seer of the most extraordinary assertions which was b e made, The Emperor Alexander afterwards declared t independence of Cracow to the Poles themselve s ' stated that it had been agreed upon, that in th os e e P t her Lions of Poland submitted to the authority 0 ' e bo ir powers, they should be governed and regulated 19S,ets,i-0 own magistrates, elected by themselves. How littL fi a, to be trusted to such a promise was shortly after sn ot , and how little the Polish people might i rtt L e i tl a ted upon the fulfilment of that part of it which to the independence of Cracow, was dernone t % e es It was impossible to read the documents of there ' l ll O without being convinced of the truth of wha t 1 1 the stated ; that Cracow had all a lone. ma intaine d °jog greatest moderation in regard to whatever a'sef o l.l forward in Poland. But from the moment that 00 . fell, it was clear that the th ree po wers would lose f1°4.0 portunity of annihilating the independence of this p ea state whenever a chance occurre el. At c° llve this held some time subsequent to the fall of Warsaiv, so f determination was fully shown in the deliberation, ill the three powers. With regard to the disturbanrerio Gallicia, and the entry of Cracow by the A u ' t ,de troops, from first to last every endeavour had been ' tads to irritate the inhabitants of that city, and t°, them to commit excesses. No one could read th e Let lations of General Collin, the Austrian cole ea l - s g it; without being convinced of this fact. Cracow ",, - s deti consequence suppressed ; a step which he was Pe r n s- ,10 3 would never have been resorted to if' France and ta ii st had but acted in concert in the matter. A joint P';', o ld from the Governments of these two countries, etoos have prevented this melancholy catastrophe. 11 a it also firmly persuaded, that had the Noble Lord th e ei to the head of the Foreign Department sent a c°l39 Stets Cracow to watch over British interests there, that at e would have been independent now. But the Ge l ',ate went which succeeded had shown itself no more e e ' r, to than the one before; nothing was done wha te n g o sillt, avert the fall of the unfortunate republic. "0 0 Prussia, and Austria, determined that crsow s ed f or be suppressed, and it was done, the reason aseig rj it being the disturbances in Gallicia, and the 11 ,4 tion that no peace could be secured till Cracow be t to be the focus of insurrectionary intrigues. .be die circumstances, however, were well known, from 0 ths cussions last year that took place in Parliame nt subject. It appeared that the Austrian tree, P tia tbr vacated Cracow, taking with them all the loca l nto redt rides, on which an insurgent dunocratin •forc, o l fore l cr i ca and eatabliehelWovisional G - Overnnient. of all was alleged to have made itself the moving ll . ' lie! the rebellious proceedings thut then took _,sings exterior to Cracow, and hence the eiolent pro . a cer, that took place in Gallicia. .the latterid greatest cruelties were practisedlethe peasant r Pod gated by the Austrian authorities, rising upt every direction destroying all the landed proPtl e r t he gentry supposed to be friendly to the cause e ' t o surgents. These were the causes which h or oolt . assigned for the suppression of the free State of, &eV The Hon. Member here read extracts from certi o ,4 the ments of the Austrian anthorities in illustretio° "ortes• matters to which he had referred ; also some ; C ,h Gc" pondence from the diplomatic agent of the 13r 2 1 ; - a t th. e . vernment at the Austrian Court, to the effect tes• g i f ee time of the disturbances, no intimation had b een Wit t : by Austria of any intention to suppress Cra c° o - ; s ief; the answers of the British Government, “P r- ;,fCre..: hope that whatever was done, the independence ;rig tail cow would be maintained inviolate. In refiet tbre"„ whole case, he much regretted that, among I ",:i e ti Powers, he found one, Pru ss i a , from been had hoped better things, and to whom ho b t n r , Ge ri for the progress of constitutional freedom '7O many. Having said thus mu c h, he would, 11'001 remaining observations he had to make, confin e pitc h to the question before the House—the Ruoi,e. quer loan. After giving his best consideration t o tueia the tion, he found there were two distinct conditions re , to convention of 1832 —one, that England wou ld _ tt ,,gd tha t pay Russia the interest of the Dutch loan, s"raege. Russia on that condition agreed to the gene ral at „lei ments of the Treaty of Vienna. If the I-roust:V:ost! with him that the stipulation with the ducbY d no t was an important part of the treaty, they cow violet with him to be ofopinion thatßussia had clearlyoAcg the Treaty of Vienna.—(Hear.) The treaty was p of re t Parliament aasnidt certainly n a l 3n. consideredd.,tu. lst th . e raesfo:(11:01: 0 : ;01 : 1 1 , as binding.—e Hear, hear.) They might P l ,„ s otso Cracow as a mere " geographical atom," but t"' her news of her dominions was no argu men t i n favour o ' f t ja annexation in opposition to the treaty ; it was he„,;tea his opinion, a small question, and he could not 71d with the Hon. Gentleman, the Member for Shrove $O., (Mr. Disraeli), that it was a matter of small dini° lll d oft because he saw on one hand a small weak state, ae tt is, the other three powerful o ppressors—Russia , M S 0 0 and Prussia—its powerful executioners. He did osi r ' e at looking at the whole transaction, that there walos cause for blame; because if this spirit of aggt e " ° a tate s to be tolerated, there would be no safety for we'l l h t i ess who had powerful neighbours. —(iver, hear.) 11 Switzerland, and for the awakening fiber treaties were. to be tolerated, what security was there fortythnefsiatfa (Hear, hear.) Certainly, when solenin tr , e vte sa fety is thus violated, there was little security fbr the w b°lB the countries of Europe. Yet., looking at t h e g proceedings, he might justly exclaim with Roman moralist, there was still hope for 'eland Roman ,:5,,,0avr.5)0f quando dormit jus, moriter nunquam !”--( Lord DALMENY concurred in the observarctooof the Hon. Gentleman, that the annexation of 4d oc; was one of the greatest cases of oppression that b " (t fie; curred for years. If the Hon. Gentleman, r f r olf t proposed the three resolutions, had adhered Si je j t . 40, the first, which would confirm, if it were a cce roo. that, in the opinion of that House, the thre e %st ing had committed a gross breach of faith, in v t(j o l t woof solemn treaty, to which they were parties ; af ter he asked them to deal with it as a mere hotes, pounds, shillings, and pence, he considered tbs t ir asking them to do that which would lower the ro e? national character. Let them protect the °l l , r pes i ; and do their best to reinstate them in their for t a rgo t tion ; but do not let them so desecrate th e c a fs er 4 of that House, by lowering the question t°,.„ he matter of economy. If they adopted t h a t of his proposition, foreigners would declare th e pet ' ll were not actuated by philanthropy, but bY rl t . i a t tets s o spirit of self-interest. He trusted the Hon. ` e- per,V b a the Member for Montrose would withdraw th e o'ul° - of his motion to which he objected, because it v r- i t iol) wrong if he divided the House upon such a Pr °ll° , l s (lic, r e Dr. BO WRING explained that the Noble Lo r i - o f fr n Dalmeny) would not pledge himself to the P ftr ` t he s e '; resolutions to which he objected if he voted ford . Th e timent of the resolution of which he appr ove °ll O question which the resolution raised was n ot of money, but of "Poland and the Poles."—(ff eit ..„tif te , c thought when Cracow was spared from the gent'ier„i of Poland that it would continue to remain a bv,-s7e,fraa nant of the nationality of Poland; but Austria, I";,, L ih r et Russia, having violated a solemn treaty, Cracow Pa-ci destroyed, and the last vestige of Poland delife r b - e ch u er to universal darkness. But if Cracow was t ° ll ., et b o quietly destroyed, the safety and peace of " o i to e ot countries of Europe was jeopardised. He wi 5 ": 0 0 peace between England and France, but be ;wa i f ) help thinking that the King of the French had advised as to his conduct in this matter.—(lll.he The promises made have all been forfeited . „ t ech 5 ;0 raises made to Bessarabia have all been vie -,,,Limner princes are seated, or are deposed, and in thos i e t h at there is an universal feeling of discontent. be w that crisis which Mr. Canning had peedi:itd, 0 211 1 : 0 struggle between the oppressor and the 0pe rc55 :11, 0 ,%. be brought to a conclusion, and though he wss bed 'o shared in the disgust this violation of treatic s ti t ot ! o a cited, he was yet one of those who was gi 3 au sso t o question had been brought to an issue—not th e ha l as to whether Cracow was to be restored , " ‘ „tore: a . 0 whether the nationality of Poland was to b e r — , et e Sir W. MOLESWORTH said that there , s ' s L eer questions before the House. The first was , woe toil payment of 48,0001. was to be continued; so d t,h e s whether they were to take part in the gre,e,o it revolutions of Europe. He shared in the sein nt tha t . 1 3 Noble Lord the Member for the city of Londe ll s "W e t ," rested on the question as to whether the colont_torecl had been taken from the Dutch should be r e : jogli e „ them or not, by the convention of the 15th °,, sse atily i , 1814. By that convention the colonies of of 0u .. . and Berbice were to be restored in the evel; r bia ivrj failing in these payments to the Dutch. shoo!, the engagement, and the result was, that pay not exceeding 1,000,000/. s t e rling. o _ , -L et pl ot guaranteed by the convention of 1803, 1 - „ p00 0/. . ba that we should pay not exc eedin g 6,00(? o f t t the defences of Holland and in satisfaeelo° erg o . engagements between the Netherlands and Russ o fe_ d t. 1 1 0 1 9. was the origin of the Russian Dutch loan,noy,,loa country made it a debt, or, in the event of our_ , e cap , this money, we should restore the colonies of ment was made with the understanding that et of Good Hope, Essequibo, and Berbice. T g li ci f e uts ' o r d' an al ° the understanding, also, that Russia se. .g was O3 tr. Belgium should be considered as one . c ou o n u tr k in b r a pss r a ti o to the combination of the two treaties. This t arrang under the convention in 1801 ; but a different u ha' ment was made at the Congress of -V ledifferelice' he did not see that this made art eng age 7 for if we intended to deviate from Ve ment there ought to have been some I n or e he P utc effect, that we repudiated this en bt to w© ought to have restored those colonies and if we did either one or the other wo o g n the s t ' — a l e g s eEnc t: i t ha ve acted differently, or we should be acting Principles as those by which Russia Prussia had been guided. atte l3 ‘ reates. - f o r Lord MAHON had listened with theg maa ber tion to the speech of the Noble Lord the o _ an , o ug • London, but still he remained unconviii.c no ono was more anxious to express Austria, su ~~ JI the Ho there wa —(Hear Minor qi 10 entire g .~`. , ,