The Sun. — London, England, 1847-05-13 00:00:00

rbtO Wbttioti SUN OFFICE. Seven o' Clock . TO THE ELECTORS OF MARYLEBONE. Gsrri.kunzi, IVHEN I first solicited the honour of your re presentation, I distinctly stated that in the event of my services being required I should at once consult your wishes, and retain or resign my seat, as you might determine. I beg now to inform you that her Majesty's Government have thought proper to order me to hoist my flag, and, although the term of my absence may not be of long duration, I feel it my duty at once to redeem my pledge. My anxious desire is to continue your representation. I have held that high situation for six years, and I think I have done my duty fearlessly and conscientiously. A dissolution of Parliament is shortly expected, and I shall either stand again or resign, as you may decide.—l have the honour to remain, Gentlemen, your obedient servant, CHARLES 'NAPIER, 8, Duke-street, St. James's, May IV, 1847. TATTEKSALL'S—THIS EVENING Six o'cLocK. DERBY. 5 to 1 agst Cossack 5 to 1 agst Conyngham 6 to 1 agst Van Tromp 11 to 1 agst Planet 22 to 1 agst War Eagle 22 to 1 agst Oxonian 25 to 1 agst Mr• Martin 25 to 1 agst Wanota 25 to 1 agst Montpensier 30 to 1 agst Bowstring 66 to 1 agst Retort colt OAKS. 4 to 1 agst Clementina 10 to 1 agst Farmer's Daughter 11 to 1 agst Ellerdale QUEEN'S BENCH.-(THIS DAY.) (Sittings in London, before Mr. Justice ERLE and a Common Jury.) "THE SHIP ON TIRE" —RUSSELL V. SMITH. This was an action brought under the Copyright Act to recover from the defendant certain penalties for infringement of the music and melody of a song, of which the plaintiff was the author and composer. The defendant pleaded the gene ral issue. Mr. Cooke and another Learned Gentleman appeared for the plaintiff, and Mr. Watson, QC., for the defendant. From the statement of the Learned Counsel, and the evi dence of Mr. West, Sir H. Bishop, Mr. Purday, and others, it appeared that Mr. Henry Russell, amongst other songs, &c., wrote and set to music the well-known song, entitled " The Ship on Fire," which he sang with great applause at the various concerts which he attended. In the month of D cember, 1845, the defendant, who also is in the habit of giv ing musical entertainments, had one at Crosby Hall, a place which is licensed for musical entertain ments, and, amongst other melodies , sang The ship on Fire." This coming to the knowledge of the . plaintiff, some of his friends went to Crosby Hall, an d the) there heard the defendan' sing the above song, using the seine words and music, and so great was the imitation as to render it impossible to discover the difference between the singing of the plaintiff and defendant. As the composition was original, an injunction had been obtained to stop the defendant's singing the piece until a jury had decided whether the composition was original or net. lied the defendant applied fur leave and license to sing the song, it would have been granted; but no such application had been made. The several witnesses in their cro , s-examination declared that the music was quite original, and was not a copy or imitation of anything known in the musical world. Mr. WATSON addressed the jury for the defence, and said that unless he could satisfy them from the plaintiff's wit nesses that the music was original, he was afraid he must fail to obtain a verdict. Certaiuly there was a song called " Emelte," which had some bars of the same music, and unless the bars in " The Ship on Fire" were copied from that, he was afraid be must submit to the verdict. Mr. Justice ERLE observed that the various composers who had been called declared the music to be original, when the jury found a verdict for the plaintiff. By this verdict no person can sing the !song without the leave and license of the plaintiff. RAILW AI COMMITTEES (THIS DAY.) HOUSE OF COMMONS. GROUP VT. WILTS AND SO= Bit SET (DLEAD ON, ---- - - WELLS, AND GLASTONBURY). The Committee met this morning, shortly after t , -elve o'clock. Mr. Deedes, the chairman, apologised to the Com mittee and to the counsel for any delay that might have oc curred during hie unavoidable absence from indisposition. The first witness called on behalf of the Great Western scheme was Colonel Lutterel, chairman of the Quarter See• sions of the western division of the county of Somerset, who gave evidence RA t ) the importance of communication be tween the town, of Shepton Mallet, Glastonbury, Wells, and Bleadon. Captain Giles, banker, Wells, Mr. Merryman, =later and brewer, of Wells, Mr. Parsons, brushmaker, of Wells, Mr. Plowman, Mayor of Wells, Mr. Carey, cheesemaker, of Wells, were examined in favour of the Great Western schemes for the accommodation of Shepton Mallett and other towns in SomersetAare. ; The Committee adjourned till twelve to-morrow. GROUP XV. The Committee met at twelve; Mr. Bernal in the chair. EASTERN COVNTIAS (CAIVIMIXDGE Ti WARE, &o.) Mr. JAMES opened the merits of the Bill for a proposed branch to Ware, north by Royston to k'oxton, and then called evidence in support of the Bill. The case had not closed when the Committee adjourned. GROUP XVII. The Committee resumed its sittiogi at twelve o'clock, in Room 11 ; Sir J. Buller East in the chair. GREAT NOILTHER.I7 (DEVIATIONS 3E -11177E1= LONDON AND GRANTHAM). Mr. Liddell and Mr. Rastrick, civil engineers, both gave evidence against the Great Northern line being laid down parallel with the Syston and Peterborough Railway at a dis tance, and recommended that they should run in close juxta position. They were also of opinion that bridges were better and safer to be made over both railways, rather than the ex isting level crossings. This closed the case for the opposition on this part of the line. Mr. PAGET, on behalf of the promoters, then replied on this part of the case. Mr. Cubitt, civil engineer, was then examined as to the nature of the works, &c., which would be required from Carbery to Grantham. The Committee then adjourned till twelve o'clock to morrow. GROUP XVIII. LONDON, CHELTENHAM, AND OXFORD. The eimmittee on this group assembled this morning, at twelve o'clock; the Earl of Lincoln in the chair. Mr. CALVERT called Mr. Clutt, a land valuer, who stated that he estimated the whole of the land to be taken for the line. at 146,8981.—the money required for the main line being 119,434/ ; that for the Gloucester branch to the bank Lf the Liza would be 2,6321. ; for the Worcester branch, 7,650/. ; and for the Ch e lt en h am station, 17,0721. The qu antity of land required would be 429 acres. To, Air. kricixsox, the witness replied, that in this es'i mate he had not included the land required for the ap proaches to bridges, supposing the alteration of the mode of crossing the existing roads to be adopted. Mr. Woodhouse, an extensive coal agent at Oversee], in Leicestershire, stated that if the narrow gauge lines were to be used the Erewash coal at Oxford would be 16s. 4d. a ton ; the Moyle coal would be 15;3. Bd.; the Worcestershire coat 12s. 6d.; the Derbyshire, 15s. 2d. ; and the Leicestershire coal 153. 10d. Tne Worcestershire coal at Cheltenham would be 12s. Id., and the Staffordshire coal 14s. To Mr. KEATING the witness replied that the distance between Birmingham and Cheltenham is forty-six miles, and t he calculated that the coal for the north-west would come b v way of that town. To 31r. CALVEHT, on re-examination, Mr. Woodhouse re plicd that he had caleulated the price of the coals at the pit' s month, and had put upon that a penny per ton per mile fur the c.lrri,tge. Jr. Nicholson, assistant engineer, put in a map with a coloured line upon it, to show the assents or dissents of the owner e. Mr. V.E.ITZtO objected that the map did not show the oc cupiers snd lessees as well as the owners. The E arl o,f Liwootzi, after some discussion between the Committ to and the counsel, directed that new maps should be prepai•ed t4)-morrow morning, which would show all the assents al id dissents separately between Tring and Oxford, and aittord arwi Cheltenham. A long discussion ensued upon the way in mhich the se veral properties were marked upon the map, but the exami nation was ultimately waved. The point then taken up was the number of routs to be crossed on the level, when Mr. Nicholson stated that the whole number of roads to be tra versed on the level was fifty-five, of which forty-five may be considered public :pads. lie believed that a clause was to be inserted to enable the company to put bridges over these roads so as to prevent any public inconvenience. A long cross• exatnination ensued, to ascertain the way in which the alteration would affect the different roads. Mr. Nicholson's cross-examination was continued during the greater part of the day, in order to show the injury that would be done to the iNisidence of Lady Ricketts, at Chelten =ham. the property of Colonel Sibthorp, and other landowners cm the line. This concluded the case for the promoters. X. This Commi ttee metG to R -d OUP ay at e twelve o'clock, w hen t he case on behalf of the PLEETWOOD,PILIMSTON, and WEST SLIMING 3UNCTZON (EU LET AND COLLIERY Z3llANCitra) - was proceeded with. On . the assembling of th e parties the room was cleared. On their re-admission, evidence on furthm . Committeye wanted decid e d to h ear no bet The CHAIRMAN th the ev id ence: to said traffi e c, be confined to the relative meri the ts of the two scheme before the Committee. Mr. Bidder, C. E., was then examined at some length on t h e engineering features of the former line. After th. 3 hear'ng of some further evidence, the case for 'the promoters of the Bill closed The rAnainder of the sitting was cccupied with the opsp o .. :sition of the ',aided proprietors to the B:11; after which AL,. Committee ejourned till to-morrow at Twelve o'clock. GROUP XX. The Select Committee appointed to consider the merit; of tle comprised in group reassembled at the uslual b. tut this ul,rning, lr. Guu!burn in tire cnair. T. WC ri 1 273L.a1iT33 STRA •Virit-P,V7ICE f-. riudbon gave general c . .. , Sence in favour cf this I ine. The e „purchase of the Bristol and Bingham line had resul in a. Aleavy loss to the Midlands', and the present line • ims Inc miairy to protect the Bingham and Gloucester line from rut a. afr-, Robert Stephenson deszcribed the engineering featu: res of the , scheme as being moderate and easy. The total len th of the line was 32 mi;es. GROUP XXIV. MOLD. TbgACommittee met this morning at twelve o'clock; Ir. Deck, I tt Denison in the chair. The whole morning was devoted to hearing evidence for the promoters. Tne rest of the evening was occupied in hearing evidence from the opponents. The Committee adjourned at four o'clock. GROUP XXVI. The Committee on this group re-assembled to-day at the usual hour; Mr. Blackstone in the chair. LONDON AND NORTE WESTERN (EIR. TER StTN, LONDON, THURSDAY 'EVENING, MAY 13, 1847. rowed until the whole of the previous capital shall be actually realised according to the provisions of the existine Act. That such previous capital, whet , r 'ecl in R ' 2. • ' 3 ", „„.y proposed extension, purchase, or amalgamation of r. il ways and canals, and that no new capital shall be rai,ed under such new Bill until the whole of the previously sanctioned capital shall have been realised. Mr. ENT WISLE begged that the Hon. Member would live the railway companies a little more time. They could not understand the entire object of the motion. Mr. HUME—It is very simple, it will not take five minutes to understand, and I cannot consent to a further postponement. Mr. MACKINNON said that he would, on next Thursday, move that no railway company, whose Bill had been passed this session, and who, as yet, had made no call, should not be empowered to do so until the first day of January, 1850.—(Laughter.) ANDOVER INQUIRY. Mr. FERRAND gave notice that he would put a question to-morrow to the Right Hon. Baronet the Home Secretary, whether certain letters to the Pour law Commissioners had been printed by the Govern ment and circulated in the country, and, if so, was that expense to be borne by the public ? And if it was to be at the expense of the country, he desired to know what the amount was. _ CAPTAIN WARNER'S INVENTION. Mr. AGLIONBY wished to ask the Hon. and Gallant Member for Liverpool the question of which he had given notice, with reference to Captain Warner's inven tion. He wished to know if it was the Hon. and Gallant Officr's inntention to follow up the returns, which he had asked for, by any motion upon them? Sir H. DOUGLAS said that it had been found upon examination that this new destructive power proposed by Captain Warner was entirely- an illusion, and, there fore, it was utterly unworthy of the further attention of the House. DUTY ON FOREIGN WINES. Dr. BOWRING rose to bring forward the motion of which he had given notice; that it was expedient that this House should immediately resolve itself into a Committee for the purpose of reducing the duty on foreign wines. This country had already made great alterations in the Import duties of this country, and he considered that they should extend their liberal policy still further. The best method of carrying out the principles of free trade, was by admitting the products of foreign countries on such terms as they should like the products of this country to be admiited abroad. It was a remakable fact that several hundred years ago the im portation of wine into this country was greater than it was now. In the fourteenth century no less than 200 vessels loaded with wine brought car goes from the Bordeaux district into England. Now, if they reduced the duty and increased the supply, he could this apprehend, that the price would be enhanced or the supply be reduced. It was a remarkable fact as bearing on this point, that notwithstanding the large exportation of tea from China, the eupply had not fallen off, neither was the price increased. Wine is the fruit of every temperate clime, and in Europe, great as is its production, that produqtion may be increased to an almost unlimited extent, and placed within the limits of the working classes. He believed that no limit could be placed to 'its importation. All wines in France paid ss. 6d. a gallon, or about Is. id. a bottle of duty. A change took place took place in the year 1831, when the duty on wine was lowered from 7s. 3d. to ss. 6d., while Spanish and Portuguese wines were raised from 4s. 10d. to ss. 6d. per gallon. The consumption, singular to say, was less now than it had been twenty years ago. In 1803 and 1804 the revenue received was 2,500,0001. for wine alone, the consumption being about 6,000,000 or 7,000,000 of gallons. In 1845 the consumption was 6,786,000 gallons, and the duty received was 1,900,0001. In France, where wine was so cheap as to be within the limits of ail classes, the wines which were above the cum mon qualities paid a duty of 3,000,0001. sterling. Wines afforded a curious history. They found that of the wines consumed in this country within the last two cen turies, the consumption was, from 1728 to 1744, one twelfth of the whole consumption; from 1744 to 1785. the duties levied on French wines exceeded cent. per cent. the duty levied on the wines of other countries, and the importation did not ap proach within one twentieth of the whole demand. Since 1766 the duties levied on French wines had not been one seventeenth of the whole which had been collected. Now he could not but feel great interest in our con nexion with France, and he was happy to be in strumental in any legislation which promoted, either politically or commercially, our connexion with the country, and which might promote the consumption ( f Freud; wines. Much had been done by the southern provinces of France, and he might instance the exertions of the Chamber of Commerce of Bordeaux, who htad in their memorial pressed upon the Government the neces sity for taking some measures to promote free trade. It appeared from the statement of the French excise, by whom he had been favoured with due information, that upwards of 800,000,000 gallons of wine were annually produced in France, of which not more than one thirtieth part found its way to foreign countries ; and of the gross quantity thus produced, the greater quantity was sold in France, at sevenpence per gallon, or rather more than three halfpence per quart ; and he did think that there were strong reasons for allowing some altera tion of the duties on the introduction of French wities. A considerable quantity of wine was produced in the Austrian dominions, as they found from the statements of Dr. Springall, who said that 2,300,000,000 gallons of wine were produced is that coun try. In Hungary there were 300,000,000 gallons of wines produced, and in Westphalia 700 gallons per annum. No doubt if they took the wines of these coun tries the inhabitants would take their manufactures in returm. Important statistics connected with the trade had been laid before the House. Wine might be obtained at 3/. per hogshead, which might be retailed at an equally low price. There was no country in Europe which had not the means of affording this country with a great supply of wine. Though they could not taste the ancient Scian and Talernican wines, still they land where these were produced existed, and they had still an opportunity of tasting the vintage of that land which was so much prized. There were excellent wines to be obtained in Tenedos, in Cyprus, and in the islands of the Archipelago, provided the absurd regulations of hostile tariffs were he oken through. He did know any mode by which friendly relations between those countries could be strengthened, than by viewing the commodities which those countries could produce. In 1801 the consumption in this country was half a. gal ' lon per head; in the present year it was not more than one-fourth of that amount. In :France the consumption was stated by some persons to be 19 gallons, by others 25 gallons per head. In a siate of vassalage, the slaves of Rome were reported to consume 68 gallons per annum. If England consume only one -fifth of the quantity of wine used in France, namely, five gallons per head, the sum which would be raised for reveinie at Is. per gallon of duty, would amount to 7,000,000/. And looking to other countries, the diminished consumption of this country is made the more striking. In the Nether lands the consumption was twenty-four times greater per head. In the Hanseatic towns it was five times greater. In Denmark, with a population of two millions, there was as much wine imported r as into Great Britain, with twenty-eight mil lions. The facts to which he had drawn attention with regard to wine were borne out also by a reference to the consumption of other articles in this country. With reegard to tea, it was a most remarkable thing that in 1821, when the price was ss. Bd. per lb., the con sumption per head was only one pound, and from 1831 to 1841, when the prices fell to 4s. 2d. and 4s. etd. per pound, the consumption was increased to 1113. 40z.; and in 1846, when by a combina tion of circumstances the price fell to 3s. 9d. per lb., the consumption increased to lib. 10oz. Now, what was the effect of the reduction of duties on the revenue? In 1821, with a duty of 2s. 10d., the revenue on this article amounted to 3,738,0001.; in 1841, when the duty was reduced to 2s. 2d. per lb., the revenue amounted to 3,978,0001., and in 1846 to 5,100,000/. The results of this reduction of the duty was as strikingly apparent on the com forts of the people. In 1811 the total consumption was 23,000,0001b5, in 1821 when the price was reduced to ss. 2d., it was 27,000,0001b5., and when it was re duced to 4s. 3d., the consumption was 31,000,0001h5. In 1841, when the duty was 4s. ld., the consumption was 36,000,000 lbs. ; in 1843, at 3s. 4d., it was 39,000,000 lbs. ; and the latest test which they had, viz., the year 1846, it was 47,500,000 lbs. He could not but think that matters like those must make an im pression on the House and the country. What, again, had been the case with brandy. That had been one of those experiments ; they had reduced the duty from 225. 10d. to 15s. per gallon. In 1841, when the high duty was in operation, the consumption was 1,164,000 gallons, and the revenue receipt was 1,329,000/. ; in 1844, the consumption was 1,023,000 gallons, and the revenue 1,167,000/. ; in 1845, it was 1,000,000 gallons, and the revenue 1,200,000/. It did not require a certain number of years for the revenue to rise to the same condition it was in before the duty was reduced. The same year was sufficient to reinstate the revenue in the same condition; in 1846, the quantity of brandy imported was 1,500,000 gallons, and the re venue now was as much as it had been when the duty was at 225. 10d. This gave them great encouragement to pursue the same course. The article of coffee bore out the same result. In the year 1841, the consump tion w as 28,000,0001b5., and in 1846 it was 36,700,0001 b. and the reduction of duty had been at the rate of 50 per cent., or nearly. The duties were one time 6d. and 9d. a pound. but now it was 4d. and 6d. What, then, bad been the effect of that reduction ? In 1841 the revenue was 887,000/. ; and now, with so great a reduction, it was 757,0064, a much greater amount than was returned in the year, 1843, when the duties were 4d. and Bd. To take the result still later, as the months of the present year showed the amount. For the first three months of the year 1846 the sum was 1 86,000/. ; and for the corresponding months of the year 1847, 213,0001. So in the matter of brandy. For the first three months of this year the quantity entered was 362,000 gallons; in 1846 it was only 214,000 gallons ; but in 1847 the consumption during these three months had been 271,000 gallons. Wine ought to be an article of universal consumption in this country, but the duty imposed on the article was so excessive that it was practically excluded from consump tion in England. He wanted it to be accessible to the poor man. He wanted to enable him to purchase a bottle of wine at the same price he would give for a bottle of beer. It appeared to him that he had made out his case. He thought he had proved to de monstration that if Government would only make the experiment upon a large and liberal scale the articles of wine might be in universal demand for home consump tion. He believed it would improve the public health. It would augment popular engagements,increase the revenue, extend trade, and altogether give general satisfaction on these grounds without troubling the House further, he took the liberty of moving that the House would im- AZINOICILIK AND zacnirnsim LINE The evidence in behalf of the promoters of this line was resumed. Mr. James Eccleston, master of the Sutton and Colefield grammar school, was examined and deposed to the great ad vantages which would be conferred by the line. Mr. Joseph Oates, an inhabitant of Sutton Colefield, cor roborated this testimony. . " - Mr. Swift, solicitor, was also examined in favour of the line. Mr. Towler, surveyor, and Mr. Kerr, engineer, deposed to the nature of the works whi c h were of the ordinary cha racter, and presented no peculiar difficulties. This closed the case for the promoters, and further oppo sition having been withdrawn, the decision was deferred till the Committee received the report of the Railway Commis sioners. The Committee then adjourned till Monday. GROUP XXVII. The Committee met this day, at the usual hour, in Room 32 BOSTON, STAMFORD, AND BIRMINGHAM (EXTENSION FROM WISBEA.CH TO SUT— TON BRIDGE). Evidence in favour of the line was entered upon. Mr. William Skelton, agent to Guy's Hospital, was examined at some length as to the advantages of the line by Mr. MACAULAY. Mr. George Prest, a shipowner and a trader to the Baltic, was next examined—Could speak from his personal know ledge of the port of Sutton. The only port that could com pete with them was Hull, and he knew vessels of his own, of six hundred tons burden, come up to Sutton-bridge. Send ing timber to Northampton by the present carriage cost 18s. a ton. Mr. Bromley, a land surveyor, was also examined. His evidence went to prove that the neighbourhood of Sutton bridge had been vastly improved by the reclamation of some four thousand acres from the sea. This land was nearly iu a fit state for cultivation. The proposed railway would be extremely beneficial. Several other witnesses having been examined, Sergeant KINGSLEY was heard in opposition to the Bill. The Committee then adjourned. GROUP XXxI. The Committee met at twelve o'clock ; Mr. Shawe in the chair. sours YORX.SUIR.E. Mr. Hawkshawe, the engineer of the Manchester and Leeds Railway, was called to give the particulars of the line, when a long discussion ensued, in consequence of a suggestion of the Committee, that an arrangement should be. entered into between the rival companies, so as to grant the Bill of the South Yorkshire from Doncaster to Swinton, with an understanding that the Commissioners should dictate to the North Midland Company the number of trains which they should be bound to run from Swinton to Rotherham, as the e th e b r u e t s t th o efirtheowßnillrufnor tpha ne ir objected e. There run ping latter r Conupon l the line to Ramsay to consider. GROUP XXXIII. GREAT NORTHERN (EXTENSION to LEEDS, WAICZFZELD, dr.c., AND DEVIATIONS). Mr. Sergeant WRLNGHAM opened the case on behalf of the Great Northern Company. The extensions of the Great Northern Railway proposed to commence at Pontefract, and proceed by two branches, one to the north, to Leeds, and the other to the south, to Wakefield. The scheme was opposed by the London and North• Western Railway, under the name of the Leeds and Dewsbury Railway, and by the Midland Railway Company, both of which had access at present to Leeds. The Manchester and Leeds Railway Company were favourable to the proposed scheme ; and the Learned Counsel contended, at considerable length, that common sense and common justice would dictate the necessity of allowing the Great Northern Railway to bring its southern traffic into Leeds, and afford thereby additional facilities for that traffic going northward and to Scotland, which might be brought up by the Great Northern Railway. Evidence was then called in favour of the Great Northern proposed extension. Mr. Harkshaw, engineer to the Manchester and Leeds Railway, examined in favour of the proposed Great Northern Extensions and Deviations. The Committee then adjourned till twelve to-morrow. GROUP XXXV. This Committee met to-day at twelve o'clock; Mr. Denis. :oun in the chair. COVENTRY, BANBURY, AND OXPORD JUNCTION (BRANCH PROM SOVTILABI TO COVENTRY). The case on behalf of this Bill was proceeded with. Mr. W. Williams, M.P. for Coventry, was examined ou behalf of the scheme. He deposed that it would be a great benefit to that city, that a direct communication should be opened to Oxford, and thence another access to London, than by the London and North Western. Mr. Bagshaw, Mr. Turner, and Mr. Whealdon, gave general evidence in favour of the line, and in explanation of the traffic which might be expected. After which the Committee adjourned till to-morrow, at twelve o'clock. GROUP XXXII. This Committee met at the usual hour this morning in Room No. 23, Lord Charles Wellesley in the chair. YORK AND NEWCASTLE (HARTLEPOOL DOCK AND RAILWAY BRANCHES). The Committee were occupied the whole of the day in hearing general evidence in favour of this scheme. GROUP XLIII. WATERWORD AND MrIVIZEICS., The Committee met this morning at the usual hour. Mr. Protheroe in the chair. The object of the Bill, which was passed last session, is to make several deviations, in order to improve the old line, which was survey with considerable haste, and consequently not with that care and with that success which the promoters had subsequently bestowed upon it. The principal deviation, and the only one opposed, is at Bansha, in Tipperary. Mr. Osborn, the engineer of the line, was examined rela tive to the proposed deviation at the town of Bansha. It appeared that the old line would pass through a Roman Catholic place of worship, and he stated that the deviation had been proposed in order to avoid this, as the lower class of Irish were opposed to their chapels and burial grounds being interfered with. He stated, how ever, that a memorial had been got up by the inhabitants in favour of the old line, as it would interfere with some houses for which they expected to get compensation. He was not aware that the timber which would be severed by the deviation was above forty years of age. The deviation was, in his opinion, much better than the old line, both with regard to the expense and difficulty of construction. The old line was got up with considerable haste in conseouence of the short time which was allowed to Mr. Vignolles to survey it, and prepare the plans. A saving of about 8.0001. upon the original estimate would be effected by this deviation. He believed the reason some of the inhabitants of Bansha op posed the deviation was, that they might get their land taken, and be well paid for it. There was a great desire amongst the poorer class of owners of land in Ireland, to sell it, in order that they might obtain the means of emigrat ing to America. Mr. Walsh, a landowner gave evidence in favour of the deviation. The old line would injure thirty-two houses and destroy eighteen. Generally speaking, the deviation would be more essential and less injurious to the branches. But three acres would be taken from the park of Mr. Baker, a gentlemen residing near the town. One part of the line would pass in a cutting, and the other be shut out by trees, ' so that the line could not be seen from his house; it cer tainly was not a case of residential injury. The Committee decided in favour of the deviation, and adjourned until to-morrow at two o'clock. XLIV. The Committee met GROUP this day at twelve o'clock, in room 3, The first Bill taken into consideration was the DUNDEE AND 7221117TYMN. The preamble of the Bill, which was 'inopposed, was agrt ed to, but opposition being intended to be offered to the claus,s, its further consideration was postponed till to-mor row morning at twelve o'clock. SCOTTISH MIDLAND JUNCTION (AMEND— MENT AND BRANCH TO LAURENCE KIRK). Mr. HOPE addressed the Committee in favour of the Bill. He urged the great public and local importance which the carrying oat of this scheme would effect, in a long and able speech. Mr. Buchannan, Chairman of the Scottish Midland Junc- Lion, was examined as to the merits of the line. The com pany was formed in 1844, and was promoted by the prin cipal landowners in the country. The original proposition was the carrying out of a through line from Perth to Aberdeen. Mr. Byres was examined, and said that in and about Brechen there was a great deal of weaving carried on, and that there were also a great number of saw, flour, and spining• mills. Northward to Laurence kirk, there were also a great number of manufacto ries about Luthermuir, calculated that these would be about 20,000 tans of lime bad been used annually. Within two miles of Forfar, there was the finest marl that could be found. The Arbroath and Dundee Railway had benefited the country very much. Upwards of 100,000 persons passed along that line annually, and 70,000 along the Dundee and Newtyle Railway. In the latter district not even a coach formerly existed. The population alone the line, including Forfar, Brichen, and Laurencekirk, was 30,946. The Committee then adjourned. GROUP XLVIII. The Committee met to-day at twelve o'clock, Lord Court. nay in the Chair. GLASGOW, 1131DRIE, AND P/ZONILLANDS, (COULAXES BTANCIE.) The evidence on behalf of this Bill was resumed. Mr. Home valued the land to be takentitTl,2l6t. Mr. Lindsay corroborated this evidence. Mr. Anderson, accountant, deposed the whole traffic ex pected if the full scheme was taken at 7.1661., deducting the traffic expected from the Central Junction Branch, it would be about 3,000/. Mr. FORSYTH then addressed the Committee on behalf of the opposing petitioners, Mr. and Mrs. Reid, asking the Com mittee to postpone the present till the next Bill was taken. Mr. Alexander, of Ballochmyle, was examined with the object of showing that the break at Glasgow was very incon venient to the traffic for Ayrshire and Renfrewshire passing east and north. Mr. W r i g h t, traff i c manager of the Ayrshire Company, `vas Clyde ex t: m th i e n c e d el l t e o g e t the a t s i a o m n , e a n e ff d e t c h t r . u gThh ite tbranchthe d over u r t ig h h e Mr. Bur , r r e t i t l a , and Glatn , n Railway, was absolutely required for goods, p..asengers, and traffic ionof Poi!,;t-Glasgow, gave evidence to show the Glasgow, and that a sugar, molasses, I age imp , conn,xion would be ase portion of it went by coast. The Provost o a f ilt,onvenience to this traffic. flour, and cotton, into Mr. MunttAv, connexionadjourned to the trade of thot town. alleged advantage of the islOY gavetoe.ivxii:retrac:aatsistwoetlhvee The Committee then tilt o'clock. mornin g GROUP L. The Committee met at twelve, Mr. Banks in h. chair. i The Committee were occupied for the mosf t -- with the clauses of the Glasgow, Paisley, eil m the Ayr (No. 2 ). arnock and aim AND KILMARNOCK DIRECT (No. no Mr. WHATzIicY, Q.C., opened the merits of this Bill, and proceeded to call evidence for the promoters. Mr. Horn and Mr. Dunlop gave evidence of the mineral s found in the district, which they Said would be advantaged by the railway. GROUP LI. THE CALEDONIAN AND GLASGOW, DUNI PRIES AND CARLISLE (CLAUSES AND EIRAILA CBES). The Committee met at twelve o'clock ; Sir John Yarde Buller (chairman), Lord John Manners, Mr. Newdegate, Captain Plumridge, and Mr. Tollemache. Mr. ANDREWS replied for the Glasgow, Dumfries, and Car lisle Company. The Learned Counsel contended that no case had been made out by the other side. DECISION, The room was then cleared. After parties were admitted, The CHAIRMAN announced that that portion of the Glas gow, Dumfries, and Carlisle Bill which sought to rescind a leasing clause granted last lession to the Caledonian Com pany over the Dumfries line, had been proved. Dalmakeddar Branch.—Withdrawn. Melton Branch to Springfield.—Of no utility, and there fore thrown out. Ecclefechan Branch.—Preamble proved. Branch from Canonbie to Langholm.--Not expedient, and therefore rEjected. Branch to Canonbie Coal-pit.—Proved. The Committee then adjourned till twelve o'clock to morrow, GROUP LII. A novelty appeared amongst the list of groups this morn ing, namely, an Indian railway, the GREAT INDIA PENINSULAR (PROM 3301K BAT TO ALLEN, WITH EXTENSIONS, &c.) The Committee to whom it had been referred met this morning at half-past twelve o'clock, in No. 7, Committee room, Sir Robert Peel in the chair. Mr. AUSTIN, who appeared for the promoters of the Bill (which was proposed to be 179 miles in length, and to be constructed at a cost of 2,000,000!., with power subsequently to increase the capital of the company to 6,000,0001.), entered into a lengthened statement of the proceedings and corres pondence which had taken place between the promoters of the Bill and the East India House and Board of Control, from which it appeared that the East India House opposed the Bill, although they had not presented any petition against it, or explained to the promoters the ground of their opposition. It appeared, also, that the Governor-General of India was empowered to pass local Acts, but not Acts of "Incor poration." It therefore became the province of the British Parliament to take cognizance of Acts of Incorporation, having especial reference to India. The promoters, however, had only recently been informed that they would have to encounter the opposition of the East India House a minute to that effect having been agreed to so lately as the sth of May. In deference, therefore, to the East India House, and to the Board of Control, the promoters considered it advisable not to proceed with the Bill during the present session, and therefore he begged to withdraw it. Sir R. PZEL intimated that he would make a report to that effect to the House of Commons on Monday. The Committee then adjourned. COMMITTEE on PRIVATE BILLS (THIS DAY.) SWANSEA DOCKS BILL. The Committee met this day at twelve o'clock. A number of clauses in the Bill being unopposed, having been read and subjected to, various verbal alterations were agreed to. In answer to a question by the CHAIRMAN, it was stated that there are eight clauses in the Bill which cannot be exe cuted without the permission of the Duke of Beaufort and the Lords of the Admiralty. Arguments of a technical nature occupied the attention of the Committee up to the time of its adjournment. LIVERPOOL WATERWORKS. The Committee met this morning at twelve o'clock, Sir J. Johnson in the chair. Mr. Robinson and Mr. Wicstead, engineers, were called to show that the estimates for the works were two low, and a question was raised respPc.ing the way in which the town of Wigan would be affected if the Bill passed, as it is sup plied by the same streams as serve Liverpool. The room was cleared, and on the re-admission of parties the Committee decided that their should be 800,000 gallons reserved for that place. Mr. HILL then opened on behalf of the proprietors who would be affected by the construction of the works, with a view to show that greater injury than advantage would be derived from them. SAFFRON WALDEN RATES BILL. This Committee met at twelve, in Room 37. They were occupied all the day with evidence on the Saffron Walden Rates Bill, as to the amount of rates levied in the district of Saffron Walden. YORK IMPROVEMENTS. The Committee on this Bill, the preamble of which was passed yesterday, met to-day at two o'clock for the purpose of proceeding with the clauses in the Bill, which, after various amendments were agreed to. LONDON SEWAGE MANURE COMPANY. Mr. Milne, engineer to the Company, and other evidence, was examined in favour of the Bill. The Committee adjourned till twelve o'clock to-morrow. M PE RI L PARLIAMENT (THIS E VENIN G.) HOUSE OF — COMMONS. The SPEAKER took the Chair at Four o'clock. THAMES CONSERVANCY. On the motion of Mr. MASTERMAN, the following Members were appointed as the Select Committee on the Thames Conservancy Bill:—Viscount Morpeth, Mr. W. Cowper, Mr. Ward, Mr. Masterman, Mr. Mattison, Mr. A. Chapman, Mr. Hume, Mr. Alderman Copeland, Sir James Duke, Mr. Brewster, Sir E. Filmer, Mr. An trobus, Colonel Thomas Wood, Mr. A. Smith, and Mr. Thomas Baring. - THIRD READINGS. The following Bills were read a third time and passed: Bingley Gas. Easter n Union and Hadleigh Junction Railway (Sale to the Eastern Union Railway Company.) Ewell Rates. Kingston-upon-Thames Small Tenements. Terrington Marsh Division. Allotment, and Inclosare. REPORTS. The reports on the following Bills were brought up:— Birkenhead Commi ss i oners D oc k A cts Amendment (as to Construction of Sea Wall along Wallasey Pool). Caledonian and Dumbartonshire Junction Railway (De viations between Duntocher Lime Works and Bowl ing, &c.) Dublin, Dundrum, and Rathfarnham Railway (Exten sion to Stephen's Green). Dunfermline Waterworks. Eastern Counties Railway (Spalding to Newark). Eastern Counties Railway (Peterborough to Folkingham). Gloucester and Dean Forest Railway (Construction of Docks). Great Western Railway (Branches to Egham, Staines, Brentford, and Twickenham). Imperial Continental Gas Association. Ki ngsnorton, Northfield, &c. Rates. M'Leod's (I)alkeith Glebe) Estate. Newry and Enniskillen Railway. Norfolk Railway (from Thetford to the Lowestoft Rail way, near Reedham, with a branch to Halesworth). Payne's Patents Assignment. Preston and Wyre Railway. Windsor Railway. Windsor, Staines, and South-Western Railway (Rich mond to Windsor, &c.) Windsor, Staines, and South .Western Railway (Staines to Ascot and Wokingham, with Branches). CONSIDERATION OF REPORTS. The reports on the following Bills were considered and agreed to:— British Commercial Insurance Company (No. 2). Caledonian Railway (Glasgow, Garnkirk, and Coat bridge Railway, Branch to Glasgow Station). Cork, Blackrock, and Passage Railway. Cork and Bandon Railway. Eastern Union and Ipswich and Bury Saint Edmund'a Railways Amalgamation. Southampton and Dorchester Railway (Weymouth Branch). HEALTH OP TOWNS BILL. Petstions in favour of this Bill were presented by Mr. C. Berkeley from medical practitioners in Cheltenham; by Mr. St insfield and by Mr. Aglionby, from piano forte makers in Dudley. MEDICAL REGISTRATION BILL. Petitions in favour of this Bill were presented from a medical practitioner in Wolverhampton, by Mr. H. Berkeley, from Cheltenham; by Mr. Villierv, from Wol verhampton; and by Mr. Ainsworth, from Bolton. TENANT RIGHTS. Two petitions were presented by Hon. Members in favour of duo compensation being afforded to tenants for improvements. PUBLICATION OF MARRIAGES. Lord H. VANE presented a petition from the guardians of the Stockport union, stating that more publicity should be given to marriages, as a great means towards :preventing the laws of affinity from being broken. MR. OVEREND, THE SHEFFIELD MAGIS TRATE. Mr. T. S. DUNCOMBE presented a petition, agreed to at a public meeting at Sheffield, which was called by a requisition signed by almost every house. holder, over which a member of the town council pre sided (the mayor having refused to preside), and signed by 17,000 persons, stating that the prosperity o f t h e country, and safety of th e industrious classes, .was only to be promoted by the proper administration of the laws, and complaining of the conduct of Mr. Wilson Overend, one of the magistrates of Sheffield, in whom they stated they bad no confidence, as his decisions were not consonant with justice ; that he had con victed many persons under the Combination Act, and sentenced them to three months' imprisonment and hard labour, and that nearly all his decisions had been subsequently quashed, that recently three respectable working men were brought before him under the Com bination Act, that he sentenced them to three months imprisonment with hard labour, but that his decision was quashed at the ensuing quarter sessions, that he had invariably decided in favour of the employer and against the employed, and had in consequence gives the greatest dissatisfaction in the town. The petitioners therefore prayed the House to order a return of the number of convictions under the Combination Act in Sheffield since Mr. Overend became one of the magis trates of the borough, particularising those which had been quashed, sand further praying the House to insti tute an inquiry into Mr. Overend's conduct. The Hon. Gentleman concluded by moving that the petition be printed with the votes, and giving notice that he should call the attention of the House to the subject on Tuesday. COUNTY TOWNS BILL. Mr. HOPE presented a petition from the inhabitants of Southampton in favour of the County Towns Bill. HEALTH OF TOWNS BILL. Dr. BOWRING presented two petitions from the in habitants of various districts in London in favour of the ealth of Towns Bill, and praying that the House would pass it into a law. RAILWAY BILLS. Mr. HUME s aid th a t as h e did no t see any of Members o f t h e Government in the i r p l aces, would postp one unt il to-morrow the fol l ow i ng mot i on the he of which he had given notice :—That in all railway Bills, w c h h a h as v e e r e e , h o e ra e r n i a l svms sanctioned companiesegtamnaetd bi on apply for power to raise addi tional capital to pay for th e comp l et i on, extens i on , Par that such addi tional capital shall not be raised or bon. f r ail ways Parliament, it n d be Cana l s condition,which mediately resolve itself into a Committee to consider the desirability of r e d uc ing the duty on foreign wines. Mr. EWART seconded the motion. He thought his .1 1,1,1 Uai. a ea.,t, ill :uvour of a modifi cation of these duties. If they were informed of the quantity of wine consumed in other countries, they would be perfectly astonished at the small quantity con sumed here. In Denmark, for instance, the popu lation did not exceed that of London, yet the consumption of wine was far greater than the quantity consumed in this country. The consumption of wine in Holland was about a gallon for each of the population, but by a calculation made by the free trade of association of Cologne, it appeared that not more than a quarter of a gallon was consumed by each individual in this country. He did not see why the same consumption should not take place in this country as in Denmark. But there was a time when there was a great consumption of wine in this country; and no doubt his lion. Friend the Member for the Uni versity of Oxford (Sir R. H. Inglis) could recollect the time when port wine was not the orthodox beverage of Oxford —(A laugh.) At the beginning of this session claret was the common b everage t h era ; b u t t h e Uni versity, headed by the Dean, petitioned the House against the high duties imposed on the importation of wine; and subsequently some alteration was made, and port wine became the favourite beverage. Wine was a great and beceficial stimulant, and if the duties were modified, instead of having the adulterated wines of Portugal, they would have the more wholsome and nu tritious wines of France. No doubt, like the question of the tea, tobacco, and other duties, which still re mained upon the statute book, the repeal of the wine duties would be loudly demanded by the people. The CHANCELLOR of the EXCHCEQUER said, that when a reduction had been made on wine the consumption had greatly diminished. He feared, then, that he could not calculate on an in creased revenue by a reduction upon that article. It was quite clear that this country had reduced its duty on wine, irrespective of any concession by any foreign power. He would not, however, be inclined to make a large experiment, and under these circumstances he must object to the Hon. and Learned Member's motion. Mr. I". BENNETT was surprised at the Hon. Member for Bolton proposing to repeal the duty on wine, when so many other articles might be better considered. If any duty was to be removed, why not that on tea, coff,e, or that most oppressive tax, the malt-tax. Mr. HUME could not see any objection to the reduc tion of the duty, when it was quite certain that the revenue would not suffer. The reduced duty would occasion an increased consumption in the ar ticle, and the aggregate duty would be quite as much, if not more.—(Hear, hear.) He called the at tention of the House to a recent dispatch re ceived from Mr. Pakenham, in which it was shown that in America, with a reduced tariff, in one ypar the revenue had increased one million of dollars. Were the duty on wines reduced one half, the revenue, he was persuaded, would not suffer. It would also be the carrying out the free-trade principle, to which the House was pledged. Mr. STAFFORD O'BRIEN denied that the mere reduction of free trade would constitute free trade, which meant the total abolition of duties. He thought that if any aleration of duty was made to benefit the labouring classes it should be in the malt-tax. Dr. I3OWRING replied, and said, after the expres sion of opinion elicited he would withdraw the motion. (LEFT SPEAKING.) ELECTION MOVEMENTS. WAKEFIELD.—Mr. Loch, son of Mr. Loch, Member for Kirkwall, and a young man of considerable talent, is a candidate for Wakefield. MIDDLESEX.—A large and influential portion of the electors of Middlesex are taking steps to secure the return of a second Liberal candidate. Sir Edward Bux ton will, in all probability be the party returned, and there is little doubt entertained of his success, if he comes forward. Middlesex would then be represented by two good men and true, in Lord Robert Grosvenor and Sir Edward Buxton. DUTCH AND GERMAN PAPERS. THE HAGUE, MAY 9.—The improvement in his Ma jesty's health continues, so that no further bulletins will be issued. P.l. G. EVERARD, M.D. BECKERS, M.D. THE HAGUE, MAY 10.—We are happy to announce that in consequence of the recovery of the King's health, not only no more bulletins will be issued, but that his Majesty walked out to-day. The Second Chamber of the States General is to dis cuss, to-morrow, the project of Law on the formalities to be observed in case of the loss of bonds payable by the State. Setting out with the principle that the State should not seek to derive advantage from accidents of this . nature, it was nece ssar y t o t hi n k o f fi n di ng means of remedying them without exposing the State on the other hand to losses. RIOTS AT STUTTGARD. MAY 10.—Tumults have broken outTr; our peaceful city, and the noise of arms and bloodshed fill our streets. The tumult spread like wildfire from one end of Ger many to the other, not quickly vani s hing, making a little smoke, and leaving some ashes behind. But let these ashes be carefully watched, for they may prove the focus of future conflagrations. We need scarcely add that we do not speak of the police, but of the skill and energy of the statesmen. The tumult yesterday differed from the riots in other towns in one essential character. It was not the work of a violent tumultuous excitement, but premeditated. In fact, it was known in the morning that the house of a supposed extortioner was to be attacked. As far as I know, there was no immediate occasion for the attack on the house of that man. You have doubtless already learnt the course of events yesterday by some other channel. All is now quiet here, and but for the movements of troops.through the city, we should scarcely. perceive that any change had taken place. The Govern ment, however, has sent for cavalry, infantry, and artil lery from Ludwigsberg, to be prepared against all events. A renewal of the disturbances is. however, scarcely to be expected, and it would be fatal to the rioters, because they are far from finding partisans among the well ordered population in general. FRANKFORT, MAY I.—Here, too, there have been some excesses against bakers, but they were happily not very serious, and as means are taken to relieve the dis tress, there is no reason to feel any considerable alarm. The principal bakers are said to have subscribed 120,000 florins to supply the indigent with bread at lower prices. and those who are entirely destitute, on still lower terms. The head of the house of Rothschild, too, re solved a week ago to allow all the indigent in this city until the harvest, the sum of sixpence on every loaf which they required, but the District Commissioners have neglected to prepare the required lists to the pcor, so that this resolution has not yet been carried into effect. Our much respected second burgomaster has likewise arranged a further distribution of potatoes at his expense. REICHENBACH IN SILESIA, APRIL 27.—Excesses have been committed in our market in which two potato dealers were dreadfully ill-treated. The distress in our parts is very groat, adds the Silesian Gazette. In the night of the 4th of May, the town of Murowaaua Gollin, three leagues from Posen, was almost wholly . destroyed by fire. The number of buildings consumed is not yet ascertained, happily no lives were lost. DRESDEN, MAY I.—Violent torrents of rain, accom panied by a storm of thunder and lightning, felt here to day, which caused apprehensions that a water-spout had broken at some distance. The Elbe rose very consider. ably on the 3d and 4th. All the meadows on both banks are overflowed to a great extent. GREECE.—We have received letters from Athens of the 25th of April, which confirm the late notice of the multiplication of the Ministry. Mr. Koletti is said to have promised to the English Ambassador, the latest arrears of interest, 700,000 francs, and the Chambers to have granted it. Nothing of importance had occurred iu regard to the depute with the Porte, the Gretk mer chants and captains of vessels are stated not to have experienced any hostile treatment from the Turkish officers.—Algemine Zeitung. STATE OF TRADE. MANCHESTER, MAY 11.—Since Friday there has been no improvement whatever in the state of our mar ket. Both spinners and manufacturers show a disposi tion to accept lower prices than they were asking last week ; but buyers are not to be tempted by any concession in prices to enter into operations of magnitude, and confine themselves entirely to such purchases as are necessary for the supply of immediate wants. The amount of business done is consequently quite insignificant. We hear that reductions of wages are taking place in some parts of the neighbourhood, but have not been able to collect any precise information on the subject. The hands of the three mills which stopped last week, in consequence of a proposed reduction, continue out. ROCHDALE, MAY lo. —There has been buyers little business done to-day in flann e l s , very few hav ing attended, and pieces are very low. In wool there is little doing, and prices stationary. HIIDDSRSFIELD, MAY 1 1.—Our market continues in a very depressed state, and but few sales have been effected. Some parties conceive our present difficulties to be the drainage of money for railway purposes, and others to the exorbitant price provisions are attaining; but all parties seem alarmed at the great advance in corn in yesterday's London markets. A fair amount of busi ness is doing among our woolstaplers. LEEDS, MAY 11.—We had an exceedingly still market to-day, and less has been doing than for some time past. The fearful rise of bread stuffs and provi sions in general, indicates the approach of yet severer times than we have already witnessed for business.— nckester Guardian. ST. JAMES'S THEATRE.—Her Majesty and Prince Albert, attended by the Hon. Miss Stanley, the Hon. Miss Da wson, Lord Waterpark, the Hon. Colonel Phipps, and the Hon. Captain Gordon, honoured the French Plays with their presence last evening. His Serene Highness the Prince of Leiningen accompanied the Royal party. ANOTHER RISE IN THE PRICE OF BREAD.—Yes terday a further rise in the price of bread was made by the bakers throughout the metropolis. Those in the trade deno tninated cheap bakers, making an advance of one halfpenny On the 41b. loaf, which is now from 10%d. to I Id. The best bread sells at Is. Id. per loaf; household, or rye bread, produces 9%d. THE GUN COTTON.—A course of experiments, to test the relative strength of this explosive material with that of the best ordnance gunpowder, has just taken place at the Holyhead Mountain, Anglesea, the Holland slate quarries in Merionethshire, and at the Hon. Colonel Pennant's slate quarries, ,Penryhn, and the results show that the saving by the use of gun cotton is at least thirty per cent.; added to which the great advantage, that the miners, by its means, are enabled to obtain the most enormous blocks, and this with little or no waste. LAW INTELLIGENCE. COURT OF COMMON PLEAS, May 12. (Sittings at Nisi Prius, before Mr. Justice COLTMAN and Common Juries.) RARNRS V. WARD. Mr. M. Chambers, Q.C., Mr. H. Hill, and Mr. Farrer ap peared for the plaintiff; and Mr. Sergeant Byles and Mr. Ogle for the defendant. This was an action brought under the recent statute, Vie ",.h and 10th Victoria, c. 93, for enabling compensation to oe given to the families of persons killed by accident. It appeared from the evidence of the witnesses called that the plaintiff fills a very humble condition of life, and that his wife, Jane Barnes, was a charwoman, going out to char and wash, and able to earn from 2s. to 3s. a day by her labour. The plaintiff and his wife had three children, the eldest a boy of 14 years of age, who was in service and able to earn a little towards his own support, and two girls of the respec tive ages of 10 and 7 years, who were at home under th e care of the plaintiff an d his wife. One evening in October last the plaintiff's wife, her sister, and the two children went to the Paddington railway station to wait for a niece, whom they expected, and whilst waiting had some refreshment in the shape of a quartern of gin and a glass of ale, which was shared amongst the four, the value of which was Bd. On their way home from the station with the niece they went along a newly-made street, called Victoria-grove-terrace, communicating between Bayswater -road and Moscow-road. This street was unlit, and the houses in it unfinished, but some evidence was given that the road had been used as a publfc pathway for twenty-five years. When near the house No. 9 in the terrace, according to the evidence of the sister of the plaintiff's wife, the niece dropped her cuff, and she turned round to assist her to look for it. and on turning again the plaintiff's wife was nowhere to be seen, and they eventually found that she had fallen down an unguarded area before the house No. 9, be longing to the defendant. On being taken out, it was found that she was dead. A post mortem examination did not lead to the inference that she was intoxicated at the time. The area had been boarded up a few weeks before, but was then left wholly unguarded. The present action was brought under the above-named statute for damages to the plaintiff and his children, for the loss he had sustained by the death of his wife, owing to the negligence of the defendant in leav ing open and unguarded this hole near a public footway. On the part of the defendant, Mr. Sergeant BYLRS took several technical objections to the form of the declaration, which, after argument, were amended. He also contended that the defendant had a right to dig holes in his own land, and that he was not bound to fence them round to protect the public, bat that this duty fell upon the owners of the public or private footway. He quoted " Trawrer v. Chad. wick," 6 Bing. N.C., p. 1, in support of hi s argument, and Rapson v. Cubitt,"9 M. and W. Mr. CHAMBERS, in reply, relied upon " Quarmur v. Bur nett," 6 M. and W., and "Burgess v. Gray," 1 C. 8., p. 578, and contended that it was the duty of a person digging holes near a public footway to guard them. Mr. Justice COLTMAN said he was under considerable doubt as to the point, but should direct the jury that the plaintiff was bound to erect a fence if the area was abutting upon or reasonably near a public footway. Mr. Sergeant BYLES then addressed the jury for the de• fendant. The defendant, he said, deplored the accident as much as any one; but the jury must give the plaintiff justice, and not vengeance. He then contended that the road was a mere private or occupation road, up which the plaintiff's wife had no business to go, and that the accident was there fore not the defendant's fault, and that the defendant would not therefore be liable; that the woman had been drink ing, and her death was the result of her own state and neg ligence. His LORDSHIP, in summing up, directed the jury to consi der whether or no there was a public footway near these houses, or whether or no the road was a mere occupation one. Also whether the area abutted upon the footway or was so near to it as to make it dangerous, if unprotected, to the public passing along the footway; and whether the negligence of the plaintiff's wife led to the accident. They would then consider what da.nages they would find if they found for the plaintiff on these points, and what rea sonable compensation should be given to the plaintiff for the loss of his wife, who contributed towards the support of himself and family. They would also say what portion of the damages should be awarded to the husband, and what to the children. The jury, after a short absence, found a verdict for the plaintiff—DainageA, 300/. They found that there was a public footway abutting the area. The damages they di vided-1001. to be given to the plaintiff, 751. each to his two daughters, and 501. to the boy. The jury also expressed a wish that the money given to the children should be secured to them. His LonDsrlir —We will consider how that can be done. The Act does not provide any menus for that, in which it was defective. Leave was then given to Mr. Sergeant Byles to move for a new trial on the objections he had taken, which were overruled by the Court. BLOOMSBURY COU.N Y COURT, May 12 (Before EDWARD r 1 ÜBOIS, ESQ.) SIMPSON V. CLONE. - _ The plaintiff in this case, a general draper carrying on business on " the talley" system, sought to recover the sum of 121. 19s. lid., the value of various articles of dress allei,ed to have been sold to the wife of the defendant in the early part of the year 1842. The defendant denied all knowledge of the debt. Whether or not his wife might have contracted it in his absence he could not say, but he had no reason to believe that sLe had ever received the articles alluded to. Richard Adams, who attended for the plaintiff, stated that he was a collector to Mr. Simpson. About five years ago a person representing herself to be the wife of the defendant called upon the plaintiff, and requested him to send various shawls, gowns, &c., amounting to 12/. 9s. lid. The goods were left at the residence of the defendant by the witness, and the wife agreed to pay the sum in weekly instalments. Mr. DUBOIS —Wh at, Sir ! Do you mean to say that your employer supplies goods to the value named without the sligigsst security for paymt - nt ? Witness—No, Sir. We put tkeir names in a book, and then make inquiries as to their character. Mr. DUBOLS —And, it appears, leave the goods without regarding the result of the investigation. is Mrs. Clone present ? Defendant—No, Sir. She has been dead upwards of twelve months. The plaintiff stated that if the case could be adjourned, he would be enabled to bring forward a witness who could prove that the debt had been admitted by the defendant and a time appointed for payment about three years since. The proceedings were accordingly adjourned. THE LATE ARCHDUKE CHARLES OF AUSTRIA. The Journal des Debats presents the following me moir of this prince :—" Austria has just lost the greatest of her military glories, one of her most beloved princes ; a man of worth, whose death will excite universal regret in Europe. " The Archduke Charles died in Vienna on the 30th April. lie was born the sth September, 1771 ; he ,7 " consequently in his 67th year. Carried away by a de sided vocation for the profession of arms, the Archduke Charles, in 1793, at the early age of twenty-two years, was entrusted with the command of the vanguard of the Prince of Coburg. In this campaign, and that of the following year he distinguished himself by services so brilliant, that in 1795 he was appointed to the command of the Austrian army, then operat ing on the Rhine. As Commander-in-Chief he had the honour of vanquishing Jourdan and compelling Ge neral Moreau to make that famous retreat, which forms perhaps the most brilliant episode in his military career. At the same time, whilst the Archduke was obtaining such signal triumphs on the banks of the Rhine, the Imperial armies were destroyed in Italy by General Bonaparte, who was then carrying on his first campaign in the capacity of Commander-in chief. Summoned to Italy in order to repair the disasters of the Austrian generals, the Archduke found nothing but disorganized remains. He struggled, however, with firmness and fortitude ; and if he was compelled to retrograde as far as the plains of Campo-Formio, he nevertheless gave evidence, in the course of this campaign, of talents that gained him the esteem of Napoleon. " After the rupture of the peace of Campo Formic) the Archduke Charles was once more called to take the com mand of the Austrian army on the banks of the Rhine. He then took part in the operations of the Russian armies which were destroyed in Switzerland by Massena. The Russians afterwards accused him as the cause of their reverse; and the Cabinet of St. Petersburg;, seconded in Vienna by a party which already dreaded his glory and popularity, obtained his recal. Events, however, were nut long in avenging him. After the battle of llohenlinden, when the victorious armies of France no longer saw any obstacles before them, and were preparing to invade the territories of Austria, the Court of Vienna was too happy to recal the disgraced Archduke to active service. On the conclusion of the peace of Luneville (in 1801), the Archduke Charles became Minister of War, and displayed, in this new capacity, an activity and talents which restored to Austria a finer army, perhaps, than any she had ever before possessed. In 1805 she thought herself in a position to resume hos tilities against France ; the third coalition was formed, and the Archduke, at first despatched to Italy, was soon recalled thence after the fatal battle of Austerlitz. After t he peace of Presburg, being charged once more with the re-organisation of the armies of Austria, he op posed, to the utmost of his power. but unfortunately which without succe ss , the resu m pti on of arms drew down upon Austria the dreadful disaster of Wagram. It was he that c()mraandedandthiet Imperial army in that memorabler A N af campaign, was the last act of his military caree o : t r p i o e l n e d an o : u r l a l n at heart—a passionate admire r a just distrust of Russia—opposed to sufficiently clear sighted politician to div ine all the coalitions directed against us (the l t r h c at the fruits of all the sri guinary s acrifices then demanded from Germany would eventually turn to the advantage of Russia—disg us t e d , in short, by a ll the intrigues the Absolutist party in Austria never ceased to raise against him, the Archduke Charles quitted active service in 1809, and after th a t pe riod always lived in a retirement which was incessantly embellished and animated by glory, popularity, and study. The Aachduke Charles is the author of several works on the art of war, which are highly esteemed by all competent judges. Married to a princess of Nassau, the Archduke Charles has left four sons, of whom one, the Archduke Frederick, is a captain the Austrian navy and two daughters, the elder of whom is now Queen of the Two Sicilies." DEATH OF MAJOR- GENERAL THOMAS FRYERS.— Major-General T. Fryers, of the Royal Engineers, expired te 3 day at his residence in Woolwich. The d eceased yesterday had just completed 47 years of active service, having entered the corps as Second Lieutenant on the 2d of May, 1800. His subsequent promotions are dated as follows : First Lieutenant, 18th April, 1801 ; Captain, Sept. 21, 1 805; Brevet Major, August 12, 1819; Lieut.-Colonel, March 23, 1825 ; Colonel, Jan. 10, 1837 ; and Major-General, Nov. 9, 1846. He was a Peninsular officer, having served in the me morable campaign at Corunna. IMPROVEMENT S IN THE TOWER or LONDON.-- Yesterday the entire row of houses on the right leading from 'T'raitor's Gate on to the. Chapel -green were demolished, as also the old guard-house on the west side of the White Tower and the adjacent buildings; the ground occupied by thcni to be levelled and added to the Tower-green, which is now approached by a noble flight of twenty stone steps forty feet in width, having battlements of Kentish ragstone. The whole of the houses on 49e west side of the fortress are now cleared away, including flu old Map-office. The new build ing, on the site of the Armoury, destroyed by fire in October, 1841, is nearly finished. Yesterday a Court of Directors was held at the East India House, when Major-General Sir John Hunter Littler, K.C.B. appointed a Provisional Connell of Member of the s VAN DIEMEN'S LAND. The following correspondence relative to the recal of Sir J. E. Eardley Wilmot from the Governorship of Van Dies men's Land has just been brought before the public. The circumstances alluded to in the letters were detailed in our columns some short time since : " To Sir J. E. Eardley Wilmot, Bart., Svc. " We, the undersigned inhabitants of Van Diemen's Land, having heard that your recal has been influenced by reports injurious to your moral character, deem it to be a duty we owe to truth and justice to express our unqualified contradie tion of those reports ; and we feel the more imperatively called upon to do so; from the fact of many of us having differed in opinion upon various measures of your govern. ment. Open the occasion of y ou r retirement into p rivate life, we have to assure you that you carry with you our best wishes for your future welfare. [ Signed by the inhabitants of the city of Hobart Torn, and its neighbourhood only. Addresses from other parts. er the colony were being prepared, and will follow. =the s i ; natures comprise the names of very many clergymen , Puu ' officers, magistrates, and resident gentry of Hobart TOP, about 400 in number]. " 11, King's Bench-walk , April 24, 1847. "My Lord,—l trust that the circumstance o f my father, the late Lieutenant-Gove r nor of Van Diemen's Land, being absent from En g l an d, an d c onsequently unable to meet bet he he reports injurious to his character which hav e been wide circulated bo th in this cotry ad in the colony, wil l I°l % my apology for addressin un g these few lines to your LordshiP on the subject. "Your Lordship will have received at the Colonial -office the dispatches from Va n Diemen's Land, of the sr4 g amed . q, which arrived yesterday, and which were a ccomp an address' to my father, signed by t h e most influenconticl inhabitants of Hobart Town, and con t a ining A fall at tradiction of those rumours to which your predecessortu the Colonial. office bad attached considerab le weight, sri out giving my father th e o pp or tunity ofany ans wer or Wis. nat " ion. I am also informed by a private letter from Van Diemen's Land, that the same vesse l w hi c h brought the dspetroe_, brought also a petiti on t o th e Queen in my father's fay vs' most numerously and respectably signed. " Your Lordship, in your letter to my father of the 2floottillif March last, which was in reply to one from him 01a. %olding of October preceding, a pp ea li ng t o your Lordship, s - the seals of the Colonial-office, for justice, st ated, tha idotone entirely ignorant o f th e groun d s on which Mr. G.11,.40 e proceeded in writing his secret dispatch,' yo u must u„d,. expressing any opinion upo n the subject to which it related; expressing and your Lordship proc ee d e d to say, that you e cti v ote hold out to my father any expectation ' of its hei s t/ ' ll power to submit his " Doubtless, my Lord n eithern, am e to the her Majesty dis for pa future p 1" ch' of )i f f ' Gladstone, nor the circumstances connected vrith rt, /s orer, 'secret eftiuc injuriously they may have have affected my father s c A L re tion Fan be considered in nny way as fettering your w ho in recommending for any colonial appointment those your may appear to your Lordship most qualified. Bs t a t hor Lordship must excuse me if I ask to what quarter 1 1 1, 13 0 0 .. can appeal for justice if the possessor of the is of the be . lonial-office declines entering into a question whi ch I hea ther come publicly notorious and important, be cause tare at emanated from a Minister whose political principles - variance with his own ? stator " I confidently appeal to empire rdship, as ado:li n : 4 a of of the affairs of our colonialand not se In. A e • - nu blie a Whig Cabinet, to see justice done to an opPres s ` - ; o r be servant. The injury that has been done can remo vep aver effaced. But it is in the power of your LordshiP to _ tat . the unfavourable impression upon the public mind, hi, Lo ing in Parliament, that from documents last receiven 7re, rumours Pre, the colony, your Lordship is satisfied that the judicial to my father's character are without foundation. " I have the honour to be, my Lord, " Your most obedient servant, „ ro t " J. E. EARDLEY W IL To the Right H on . E ar l G re y, &c., &c.+ &c., IS Secretary of State for the Colonies." " My Lord 3 1847' ship's attention to a ve beg very I, King's Bench-walk, May „ r d. Secretary of State for the Colonies, on the 24th rot'', of letter ter respectfully wh I taodsdorti e t d y ourtoorea ips o tive to the circumstances connected with the ree l o i van father, Sir E. Eardley Wilmot, from the Governfirent ° Diemen's Land. nitri de " Although I am aware of the vastly g reater nurg Lor ds and importance of the transactions which d e mand you _ r r ord ship's superintendence and direction, yet I am surer:47ood ship will excuse my anxiety to have these matters b . t he up, as far as they can be, from the very uncertain • charges of immoral conduct against my father; piorelf;o cularly as I have learned from gentlemen lately arriv e ': doe the colony that he had been confined to his bed for 50 ,1 01- 0 , s ot before they left Hobart Town by sickness, aggr a l s ta 1 s a , produced, by the treatment he has experienceu I.r. ric e A. anxious to forward him by the next mail such intelmg . . r e m ot may give him relief.--I have the honour t o be, 9°`" obedient servant, V 111,310 "J. E. EARDLE "The Right Hon. Earl Grey, &c, &c., Secretary of St a t e f or th e Colonies." Lordship's (I S t s i oh r f — i p3, l s.o a ao m trt el d ent i tt r ie e or c n t oefd tot bh3e:A 6,1847' knowledge the , 1 1: b2;:e:al:rhtleerimlnrtseiimy°goot;ositaaorceevihichyou callar ;Jed,. b becret,' of the 30th of April, 1846, y Mr. Secretary Gladstone to Sir Eardley Wilino . mea , a period of his recal from the government of lan Die Lan Og am "In reply, I am directed to acquaint you that bet , _ Lord Grey had already stated, i orant of the gronpuP.°.t which that dispatch was was written, I - 1, and that it is Lordship to express any opinion regarding i _ 101 ____, whiodhispatcbs,dtdresstbel the less necessary to do so, as Mr. Gladstone 's o Siras!.3.w,": to the letter which has been addressed to him by . E. _x_ 4 d all the documents which have since been received from , Wilmot, after receiving that dispatch, has been printed V ale colony upon the subject will be presented to both Hon e 0 _! Parliament. Lord Grey directs me further to observe, _....08: there is this additional motive for his abstaining from pressing any opinion upon this p ainful sub j ect, that his Lore•:',. . ship could not do so without stating that the reasons as' signed by Mr. Gladstone in his public dispatch for the rw-t: of Sir Eardley Wilmot appear to him to be quite sufficient PI ustify that step.—l have the honour to be, Sir , your rrao§b lIAIO' bedient servant, " B. S, ' "To J. E. Eardley Wilmot, Esq. , 11, King's Bench-walk. " 11, King's Bench -walk, May 7, 1847 1 ~ si r ,—l beg to acknowledge your letter of yesterday date, being a reply to one which I had ad dressed to t, Grey on the 24 th ult. , asking his Lordship , as Secretary l', State for the Colonies, to remark in his place in Parli amoi t upon additional documents lately received from Van Diane!: Land, the same having reference to a ' secret disP.tcZ w ritten by Mr. Secretary Gladstone to my father, Sir '''" Eardley Wilmot, at the time of his recal from the govern" ment of that colony. " I regret to find, by the reasons assigned by Ear l Grei for non-interference in this matter, that his Lordship does a: . n° .! consider the Colonial-office, as at present constituted, to_ D R tribunal qualified to tak e cogn i zan ce of charges made D 7 former Secretary of State for that department. " I hope you will excuse my observing, with the concluding paragraph of your letter, that I do not a. actly see how Lord Grey's approval of ' the public .rup_re on which my father was recalled can in any waY ' n a u n T at . his Lordship in declining to express an opinion upon All . ter of a totally different character and complexio. I, is or asked his Lordship to do, was to ground upon the has made documents lately arrived an acquittal of charges referencelo. against my father's private character. I felt that the publicreasons assigned by Mr. Gladstone for his recal embraced matters which it would have been impertinent in Me any way to discuss or interfere with. a l to " The bar of public opinion being now the only tribio— gt which my father can appeal with hope of justice, I F 3 l - beg his Lordship's permission to make this correspondo' public. "The case of an individual, however humble in itself, b e A ; comes important when it shows the disadvantagesti_l" which a public servant labours o w nd he t n ha a t tt m ac i k m e .s d te b r y s oor state r o r e aa p p . o r t finded b themselves positive and specific charges; gniovteacctreudpeonneethteoproilnlcogipolteisonosi unsupported allegations . which they may afterwards English law,when t he t i position where they cannot give y testimony,_ a tunity of refuting by evidence, an a fair and honourable entitling t d h e thusin injured re d party h l o n o op::: o r: acquittal. " I have the honour to be, Sir, " Your most obedient servant, " Under S " e T cr e et ß a "J. E. EARDLEY WILM °T. r . y ß o a r S es ja E te sci fo g r & t e he Colonies." EUROPE'S UNCLE.—The Emperor of Russia, I n th e affairs kindest spirit, is lending money to every country Y i h is happen to be in an embarrassed state. We advise " ts Ruosian Majesty (if it is necessary to advise one who ki l° ,.`l 9 how to look after his own interest) to hang out in front o lio fi palace at St. Petersburgh the emblem of his new prof i o n, —the three balls—and to write up the usual inscript,ieoi, " Money advanced to any amount." We should excess° w e like to see one of the imperial tickets, but we suppose at shall be able to buy up one shortly for a very small figur e Debenliatn's sales of " unredeemed pledges.' —Punch. Mr. Green, jun., son of the celebrated aerona tL, embarked at Blackwell yesterday morning, en board 0! General Steam Navigation Company's steam-shi p Sir Edward 13ankes, for Ostend, en route for Cologne, where he lutist:l6s making his first of a series of ascents on the Continent. ~ t r+ ~ . ~~r BIRTH'S. On the sth inst., at Troston, Suffolk, Mrs. Robert Rod' well, of a son. On the 7th inst., in St. Bernard's-crescent, Edinburgh, th e lady of James Stevenson, Esq., of a son. On the 7th inst., at Everton, Laicashire, the wife of F. 14 Couder, of a son. On the 7th inst., at Bendfield Cottage, Stansted-i—° - nt. fichet, the lady of B. Harvey, Esq., of a son. m G. On the Bth inst., at Hawley-ro a d, K en ti s h-town, M. Winter, of a daughter. On the 10th inst., at nipple Hall, Worcestershire, Birth John Dowdeswell, of a soi. MARRIED. On the 12th inst., at Streatham Church, by the Itev. "l" . R. Nichol], M.A.,Rector, James Pearce, second son of A.," Allen, Esq., of Porchester-terrace, Bayswater, and Seven Oaks, Kent, to Mary Anna Fanny, eldest daughter of Henri Butterworth, Esq., of Upper Tooting, Surrey. On the sth inst. at Trinity Church, Portsmouth , A. Armit, of the Royal Engineers, to Bessie, daughter of th e late Maj or• General Bredin, of the Royal Artillery. lace, On the 11th inst., at Al Souls' Church, Langhatn-13„.,. James Mackenzie, EFq., to Philadelphia, youngest daughtr, of the late Sir Percival Hart Dyke, Bart., of Lullingst°' Castle, Kent. Louis../:3 DIED. On Tuesday last, the 11th inst., at her residence , Leng ji i i ; York, Mrs. Harriet Wickham, second daughter of the 1: 1 ,1 . Henry Wickham, Esq., of Cottingley, in the county' o f TOIX On the 10th of March, at sea, on board the Monarch' Q a t i, his passage home, Major de Montmorency, 65th Bengal Infantry, aged 38. On the 19th tilt., at Madeira, John Boscawen Moo°, E st i" of the Middle Temple, barrister-at-law. On the Bth inst., Lucy, third daughter of the late 1 3186 Payne, of Epping. On the Bth inst., Elizabeth, wife of Robert Surtees, ESCI" of Redworth House, Durham. pia, On the Bth inst., at Belmont, near Exeter , J uliana Lam widow of the late Rev. Alexander Frederic Merivale. On the 9th inst., in Hart-street, Mark-lane, John Frederic Heath, Esq. On the 9th inst., at Blofield Rectory, near Norwich, 411 — e Ray. John Drew Borton, aged 78. On the 9th inst., in Chester-place, Hyde-park-5c101.4 Amelia Ramsay, wife of William Cowell, Esq, tad road , On the 10th inst., in Mornington-place, HarnPs-e - Mr. Joseph Pedley, aged 57. E l e anor On the 10th inst., at Preston House, Brighton , Mary, the eldest child of Alexander Beattie, Esq., age" 111 London: Printed and Published by KUNDO YOUNG. .. 1., ' - . duc t Strand. Printer, at The Bu* Office, N 0 .112, Strand, 111 tne 18 of th a SAY O 7. in the Count; of Middle/Fa. TargaY , 1047, ~~, ~. ;.1~ 1 4: 4 ; fir s t Droll Aim In Ra gg Dort unh,