The Sun. — London, England, 1847-03-05 00:00:00

Cracow should be guaranteed; certainly such an assertion at once destroyed the argument that this was a domestic question, with which this country had no right to deal. The cor A ri l ispe a. n dence between L or d Castles, ash and the late Emperor exn • der of Russia, sho we d as c l ear ly that the matter was u c t o m n o s s i t dered by both Russia and E ng la n d, as a question of the im portance. No one of the States who were party a tatotrathnesatnrteinanty, of Vienna, had a right to pick out one part u and to say, " That is of no importancehut o; we will take what consulting any of steps we think proper respecting it the parties to the treaty. tm( e _ate'ar vrit , hear.) Those who fa voured the conduct of the three powers, urged in support of their proceedings, that the treaty had not been strictly o g i e la s n h d ad ; ta th k a e t n n p e l r a t e a e i — n ly na w m a e s ly a , adhered to, and that material fro chanties the separation of Belgium from material alteration, but thneanirtesdhovualldid until beb theorne in im l i e nd of that the that separation was not considered powers had ratified this departure from the strict letter of the treaty. In looking at the suppression of Cracow, they must not simply view the number of souls which it contained, ner the number of acres it covered, but as a great transaction the object of which was to put a stop to the nationality of Poland— ( Hear. ) There was no pretence for saying that any under standing was come to at the time of framing the treaty with the three powers, that an advantage was afterwards taken of it for the purpose of destroying the last remnant of Polish inde pendence, and it was ridiculous to say that the securing of a proper arrangement of police oa the frontier was any pretence at all for violating a solemn treaty. He hoped that within those walls there would be no more dif ference of opinion than there was out of them, namely, that for the sake of a minor policy, the great principle upon which the peace of Europe was based, was sacrificed. He desired to express his hopes that the Emperor of Russia would recall the noble sentiments which animated his distinguished predecessor, and give security to his empire by the extension of fresh liber ties to his subjects. With the expression of this hope, he would sit down, trusting that the first resolution would meet with a hearty concurrence. Lord JOHN RUSSELL said, without entering into the general argument of my Hon. and Noble Friend, I will shortly state to the House the view which I take of the motion which has been laid upon the table of the House. With regard to the argument which has been stated, that the three powers were not justified by treaty—by the treaty of Vienna, in con cluding for themselves whether the constitution of the free state of Cracow should be maintained or not ; with regard to that argument, I cannot but concur in the view taken by my Ho nourable Friend who made, and my Honourable Friend who seconded the motion. I think it is clear, from the words of the treaty of Vienna, that a violation of it has taken place. I think it is clear from the articles of the treaty itself, that the words which gave a constitution to Cracow, were not an immaterial part of the treaty, but evinced one of the prin cipal relations under which it was made at the conclusion of a bloody and destructive war. Nor can I think that the arrangements which planed the Duchy of Warsaw under the dominion of the Emperor; of Russia, the stipulations of • which formed the basis of a long and singular correspondence between the Minister of Foreign Affairs in this country and the Emperor of Russia, I cannot think that these arrangements, which left one single particle of the country free and inde pendent, were immaterial and insignificant. It cannot but appear, I think, that however small the territory may be— however small the population of that place may be—yet the treaty formed at first between these three powers, and then by all the powers who were concurring parties to the treaty of Vienna, by which that city should be free arid independent —meant that that freedom and independence should leave to Poland—should leave to some part of the Polish nation a separate existenee.—( Hear.) And that, giving up much—admitting much to the Emperor of Russia, it was yet a confirmation of the principle that some part of the Polish nation should retain its independence and separate existence. For these reasons. therefore, I think that if its existence, as a city, has been secured by a general treaty. whatever com plaints the three powers had to make, that Cracow was the focus of disturbance and revolution, and that intrigues there found a centre and a means of organization ; and that by the rise from that small city, of insurrections against the three surrounding powers, it was impossible to preserve those powers from those insurrections; that if these reasons were good and valid ones, they ought to have been stated to England and France—( Hear, hear)—and that England and France should have been invited to a conzress, or some species of conference, in which their consent should have been asked, to put an end to that state of things which these three powers declare to be intolerable, and which they could no longer per mit with safety to themselves. So much, I think Sir, is clear from the papers which record the general transactions of the treaty of Vienna; and so much I think is clear from the passage which my Noble Friend oppo- • site read from a statement of the Prussian Minister of Foreign Affairs, and in which he admits that if the arrangement of the treaty of Vienna were to be altered, a correspondence with England and France ought to be the necessary consequence. In the next place, I think with regard to the reasons which are given by these three powers, and which are stated more especially by Prince Metternich on behalf of the Court of Austria, that these reasons appear to me not sufficient for! their violent proceedings.--(Cheers ) I cannot myself ima g ine that then s could not have be en pre cautions talc •n which, however they confined and limited the actions of the free and independent city of Cracow, could yet have secured that its name and its independence should be maintained, and that all danger from refugees, and from its being made a place where strangers from all parts of the land planned conspiracies, could have been avoided and pre vented. It does seem to me most extraordinary that this little state—this mere atom - surrounded by Russia, by Aus tria, and by Prussia—by these great and mighty monarchies-- each with vast military forces —each with abundant means of having the command of all the roads leading to Cracow, and having the power to march troops at any moment into the city of Cracow, having themselves certain rights, which were constituted and "assigned to them by the treaty of Vienna-- that they should find themselves so powerless as to be unable to prevent Cracow from being dangerous to their power and se eurity. I cannot think that these three powers did earnestly, vigilamly and sincerely, use all the powers which they had, in order to prevent Cracow from becoming the means of disturb ance; and it cannot but be suspected, especially in the latter part of the transaction, that when the Government was dis solved in Cracow, and disorganisation had taken place, it was to them not an unwelcome eir cumstance—(Cheers)—tha.t is, not altogether unealateable t o these three powers—that they were able to see that all the means of good were gone in Cra eow—that it was in a state of anarchy and disorder—and that nothing remained but the title of independence. I think, therefore, Sir—both on the grounds of the treaty of Vienna, and the importance of the stipulation with regard to Cracow, and with regard to the reasons urged for its extinc tion—that, in the first place, it was a manifest violation of the treaty of Vienna, and I think that if the question hail been discussed in a congress, or in a conference aiming the powers, there is no sufficient proof, as far as tee have hitherto seen, that these three powers would have been able to persuade the minds of England and France that there were sufficient rea sons for the course they adopted. Neither, Sir, am I con vinced, be the instances which are given by the Minister of Austria, that the various stipulations of the treaty of - Vienna, which have been altered by mutual arrangement of the princi pals concerned, and whose territories were affected by that treaty—(such as Coburg and others, and which have been transferred in consideration of some increase of authority to the prnscipale, or in mutual convenience with regard to their territories, for the purpose o! giving a fair equivalent to each, and, at the same time, making a more con venient arranwernent for all)—are breaches of that treaty. They are natural and easy alteration s of the treaty, which might take place, without any p• r on bsing able to call them infrac tions of the treaty, and they bear in my mind no resemblance to the one great and leading matter of stipulation in which all the great powers of Europe are irrer, steel. How can it be said with regard to this great nation —supposing that some arrangement is made between Austria and Prussia for the ex tinction of Saxony—that it is not to be consulted ? These great powers are asked " How can you only two parties to the treaty of Vienna, agree to extinguish that state ?" And what answer would it be to say that some petty territory had bi en divided between two or three principals, and that no pro test tvas made with respect to that ? Sir, I again say, that I consider the:extinction of this free state a violation of one of the main and leadine parts of this treaty. But, Sir, my Hon. Friend is not satisfied with the protest which my Noble Friend the Secretary of State for Foreign siffiirs has directed to be de livered to the Courts of the three powers print pally con cerned, he wishes this House to agree to certain reso lutions. With regard to the first of these resolutions, my Noble Frit!, d opposite, tsho seconded the resolution, is in com plete accordance with the motion, but with regard to the last of these resolutions, he is not so far agr ed to it, and he doubted if that House ought to adopt it. Now, Sir, with re gard to the first resolution—" That this House views with alarm and indignation the incorporation of the free city of Cracow to the dominions of the Emperor of Austria, to the manifest violation of the treaty of Vienna." I should bee the House to consider that there is a very great difference between that which has been done by my Noble Frieud in obedience to her Majesty's commands, and that which is pi °posed to this House in this resolution. It is the prerogative of the Crown to make treaties, and to carry on the correspondence and relations of this country with all f !reign Powers. Every treaty, every engagement, is carried on in the name of the Sovereign, and by the command of the Sovereign. If a treaty had been signed and re vised, as thi s treaty has been signed and revised, by the Minis ters of E ng l and, in the name ofGeorge th e Thi r d and the P rince R egent, and any violation or contra vention of the t reaty should take place, with person on whom it devolves to m a k e any representation ' the regar f d to any protest is obviously the Minister of the Sovereign ao England, With regard to the functions of this House, it is r e r n a t r ir g e e lT ell f t. different nature. When a treaty of importanc e is made or con_ firmed, it is usual for the Minister of the Crown to come to this House and to ask for its concurrence. If a treaty of sub sidy or commerce is signed, and the interference of Parliament is thought necessary, then the course is for the Minister of the Crown to come before the House for its sanction and concur.. rence to the same. But to affirm resolutions expressive of an opinion on the subject -matter of a treaty, this is not the usual, nor is it the regular course of proce >ding. It is not advisable that the House of Commons should affirm resolutions respecting our relations with foreign Powers, unless they intend to follow those resolutions up with measares which are to be given effect to by the Executive. The usual course is for the Secretary of State for Foreign Affairs to advise her Majesty as to the course to be taken in regard to the violation of arty treaty with foreign Powers.—( hear, hear. ) For my part, I have never advised nor decided that the House should take upon itself the functions to which I have referred to, or that it should imitate the conduct cf the French Chambers with regard shown to Puisnd.—(Hear, hear.) It is usual for the French Chamber of Deputies, at the commencement of each session, to protest AUSTRIAN DESPOTI SiViadiy against the acts of the Emperor Nicholas, and declare the na- The blighting tractf Austrian despotism is s tonality of Poland. I think a cause loses force by bringing it in the following e— continually under notice without following up whatever decla- "Every man in Austria pays an income-tax of sevnteen ration may be made by other measures.— ( Hear, hear.) It per cent., which must all come from the industry of the therefore leads to no practical good to bring such a question country, and go lute the pocket of the Emperor. For e what under the notice of a representative assembly without following purpose? To enable him to establish schools, and provide the matter further.—( hear, hear.) But how great i the slit- the people with the means mmial and intellectual culture? ficulty in which this country is at present placed in relation to To build railways and canals, and-to furnish the people with this treaty ? It has been said that by the letter of the treaty facilities for cheap and spee s ay intercourse and trade? No of Vienna that we are freed from the obligations which it im- but chiefly for the maintienancis of an arms', for their de s° Now, for my own part, can see no advantage structiot a t he they attempt to improve their &audition, by re in departing from the usual course, or in bringing modelling tir social institutions • and for the support of the suleect before the - I in fo k r t i h t e s iiin:s t i s d e e a r h at n i u o l n d a r n e d s the eet de-ole agents, who enter their social and ' domestic circles, to listen claratio n of its hpinieen.l (lut'he p to their most secret words, and watch their most secret usual custo m mainly that In affairs of this kind, and it is on this reason actions. on the present motion. While I have no "No , trade can be carried on in Austria without a license • object ion tour ge againstopinionormerly, ae the resolution under consideretion—for from Government for which from five to ten shillings per an- I gave my give it now, against the sup-. num arc paid, according , to the nature of the trade and the preseion of Cracow_ y' (I!ontrose. efannot consent to the course pro- advantages r, oflotle,e situations. If to-day a man take out a posed by the Hon. Memberaz issed to move Upon thethe igrounds e a t s ke s I have stated, therefore, h that fol lows h r . ai - r s license to work in Freiwaldan, and, in a question. With the elutionl3 wee , e hnds a better opening in Liudewiesse, and deter- But with reoned t w o h se ich to d d e o - [nines to remove thither, he must take outsiesse, a new license for Russia thepayment of a:por the same. . ot e law resolution latter piece which is but two miles distant, at the sauce dares that this country "secures to rate at before la th t i o o s n e o l f i licenses localt be n had ag t a r a t all [ion of her old Dutch debt, on condition of thhieogeneral arrange.. without the reco l ni n nt a n s t menus the of the Congress of Vienna, , these ten thousand pehty tools of despotism, for there are ten thousand of them adhesion—arrangements which remain in full e t gave her o t r w a e d r e e d forc e '» must demur. Sir, that is another and a different question.'mei okiallnda y may work ., a a t re ea e n m h p At t° mdaeneidcaennwoht how man arrangement was made at the time of the union of B 1 e glum lamb f with Holland, when it was agreed that the debt which Holland or la ' s a cighbeur without * owed to Russia should be taken to by Great Britain, and that earnshas a patient t.O Graefenbea license-or, and A poor tailor, who this country should pey the interest on it. Russia was a party tepasearn the exPeneeee wished to workg a a ndhad not the means to his trade, in order to this arrangement, and consented to it. When afterwards, and tondo. ant ' of eupporti One of ti t le after a lapse of time, the two countries separated, Russia, But poor fellow was delig t guests gave him erne entitled to • the tailors in hed to have something according to the letter of the treaty, was no longer was exercisin g Isis Freiwaldan • - the benefit of this arrangement, and therefore, if the letter of fered, and tear t trade without a • 'hearing teat the man ea ened to have • icense, instantly inter the treaty was to be adhered to, he were freed from its desist. He dared not set him arrested if he did obligations ; Belgians had separated from Holland, and the afterwarde a co lleetion-plat e a s n y o a th . e r stitch, and many tf not treaty might have been declared at an end. But though you the loon Ott 141 belsoda—&‘ n i Ihinded round to the times Aro 4 .43 GL, %in/len/Mr g"43 Mr. GREENE brought up the report, which was ordered to be further considered on the 18th of March. The other orders of the day were then disposed of, and the House adjourned at Half-past Twelve. might have been fie a ccording t o the letter of the treaty, that would not have been acting in consistency with the justice of the -ase, because the power which had separated, Belgium was favoured by England. For England, therefore, to say, though she had favoured and en couraged the separating party, that, as the union between the two countries was not at an end, she would declare herself free from the obligaticn and arrangement she had made with Russia —for England to act thus would have be: n to make a dangerous evasion of that which is just and right, and I would have had no part in it.—(Hear, hear.) But she had not done so. Though she was free according to the letter of the old agree ment, she made a new one, and agreed to continue the pay ment of the interest on the debt. The real ground for con tinuing the payment was, that Russia had been guaranteed the payment of the debt by England at the time of the union between Belgium and Holland ; but the union not being maintained, and England being a party to the separation, she considered she was in justice still bound to pay the interest of the debt. But un doubtedly, at the same time, the words of the convention were the same as those contained in the resolution, and it was stipu lated in it that the payment of the interest on the debt should be on condition of the general arrangements of the treaty of Vienna being adhered to. Now, these words certainly were introduced at the request of Russia to this country, in order to show, that while Russia had departed in one respect from the agreement, she was not, therefore, to be accused of bad faith in the matter referred to. Russia wanted the words inserted in the treaty for the reason I have stated, and though England did not desire their insertion, she agreed to them ; and, as a mat ter of good faith, under the circumstances, she conceived it was her duty to continua the payment of the interest of the debt.--( Hear, hear.) I must say, that with regard to the spirit of the agreement, it would not be just to take advantage of these words, Russia having faithfully ob served its stipulations. Ido think, however, that according to these words, if we were disposed to proceed upon their close construction, we might say---" We made this agreement with your sanction, you were a party to its provision, we will, there fore, take advantage of it, and refuse the payment of this debt."—(Hear, hear.) Sir, that would be, as I have said, conforming to the only interpretation of this treaty. Those who have examined into the nature of national conventions-- the highest authorities that we could consult with regard to the interpretation of Acts of Parliament, and the bearing of treaties those authorities who are usually con sulted on those subjects, have told us that they think that, according to the spirit of the arrange ment—according to the spirit of the convention—this sum ought to be paid.—( Hear, hear.) State it as favourably as you can for the Hon. Gentleman's motion, it is even then a doubtful point on which, if you wish to take advantage, you may claim that advantage from the words inserted in that con vention. According to my opinion, you would be acting against the spirit of that convention, in order to take advan tage of a plea which, in a court of law, may be urged against that construction, but which in the communications between nations must not be used. In the consideration of this question, I think we should only lower our position—l think we should only deprive ourselves of that advantage which we now have if we were to reduce this question to a transactiin of pounds, shillings, and pence.--(Cheers.) I consider that in the late transactions of Europe, although on more than one oc casion our wishes and opinions may not have been complied with—our desires may not have been lis tened to —our protests may have been disregarded, yet there does- remain with us our moral strength, which no power has been able to weaken, our national honour, which no country has been able to tarnish. —( Great cheering.) There are no treaties, either ancient or modern, in which it can be imputed to England that she violated their spirit in maintaining the letter of thn it laws.—(Cheers.) We are ready in the face of Europe, however inconvenient some of these settlements may be, to hold ourselves bound by all our engagements ; to keep the fame, and the name, and the honour of the Crown of England unsullied—(Cheers)—to hold that unsullied honour as our brightest jewel, and to take measures that it be not tarnished. With that sentiment, Sir, if I should ask my Noble Friend to go to the Court of Russia, and to say, "To be sure you have violated the treaty ; to be sure you have extinguished an independent State ; we have allowed this to be done ; you will have no breath of war from England ; we will not arm for the purpose of restoring Cracow; we will admit that State to be extinguished, we will admit her inhabitants to be reduced to subjection, we will admit that their land of freedom shall be lost to them for ever; but this we will do, we have a claim against you of some thousands of pounds, which we shall throw upon your shoul ders, and we think that way we shall revenge ourselves on you for the infraction of this convention." I say we shall be thus using language which dues not become the position which England has hitherto held, and which she shall in future hold in the eyes of the world.—( Cheers.) I a•k you therefore having thus stated, as shortly as I could, my opinion of this transaction, I ask yon not to come in this House of Commons —which d oes no t usua ll y, w i t h out great provocation, interfere in the foreign relations of this country-1 ask you not to come to any idle resolution, on which you do not intend to act.—( Cheers.) I ask you not to lower this question down to a mere question of money. I ask you not to estimate how much this Russian stock is worth in the market. I ask you to allow, as this House has hitherto allowed by its silent ac quiescence, the protest which the Secretary of State for Foreign Affairs has delivered, to remain in full force, as a declaration on our part —a declaration which will have its full value, de pend upon it, with regard to future transactions, as showing that we respect the faith of our treaties. Let us have it to say that we have not studied only the interests of England in this mat ter—let us have it to say that we have looked to nn interest, either large or petty, concerning ourselves—let us Pave it to say that we have only regarded the great interests of Europe; that we have observed that that settlement which put an end to a protracted, expansive, and bloody war—that that settle ment should remain in its full force and vigour --(Cheers. ) We have declared that sentiment to the world, and we trust that the reputation which this transaction will meet with in future, will induce all powers, however disposed to violate treaties, to consider that they may meet with the deserved remonstrances and protests of England, whose character shall stand before the world untarnished by any act of ours. —( Cheers.) MONCKTON MILN ES moved the adjournment of the debate. The Hon. Member trusted that the Noble Lord would allow the debate to take precedence to-morrow. Lord JOHN RUSSELL said that as only two days in the week were allowed for Government business, he hoped the Ron. Gentleman would not ask him to give up to-morrow. He did not think. however, that there was any motion of great importance on the paper for Tuesday, and he would be very willing to allow the adjourned debate to conic on upon that day. On the motion that the debate Le adjourned till this day week, Mr. T. DUNCOMBE expressed his surprise that the Noble Lord should propi,se tho adjournment till this day week, when it had always been the custedi of the Right Hon. Ba ronet opposite (Sir R. Peel) du r i ng last session when a debate was adjourned to take it on the next night in preference to the order of the day. The other night the Government had taken the pains to prevent the formation of a House, and he thought it would, on all accounts, be advisable to take the debate, for, in his opinion, no question could be brought forward in which the honour of the country was so much at stake than the prin ciple which was involved in the resolutions of his Honoura,le Friend. Mr. M. NIILNES could bear testimony to the fact, that the Government had prevented the formation of a House when this question should have been brought forward. Dr. BOWRING asked whether there was any objection to take the debate to morrow, if the money was voted ? Lord G. BENTINCK said, that when this motion was brought on, the lion. Member himself w as no t i n t h e H ouse. Mr. H ME said that it was true that when the clock struck four he was opposite the church—(A laugh)—but he himself could not make a House, and he hoped the Noble Lord would allow the debate to come on to-morrow night, as he wished to get the matter off his hands—(Laughter) —as he had other thins which required his attention. Mr. FERRAND said that as the question was whether the debate should be adjourned till this day (Friday) or this day week, he would move the adjournment of !he House instead. Atter a few words from Mr. J. FIELDEN, deitrecatory of this resolution, Sir R. PEEL said that on many accounts it was advisable to continue the debate to-morrow, but as the Government had only ta-o days in the week to bring forward pubic measures, he thought that it was cut proper that a diseretionary power should be left in their hands to regulate the business of the House, especially nn their own nights. And this was the more necessary, as they had now in hand great and important measures, which largely affected the welfare of Ireland. Of course if Government intended to bring forward its Irish measure to-day, he should be quite ready to vote for the ad journment till Thursday next. Mr. HUME said be should have no objection to adjourning the debate till Tuesday next. Lord J. RUSSELL said he had not any objection what ever to Tuesday. He hoped the Hon. Member would not persist in the amendment, because it would bring the debate to an irregular termination. He proposed to-day to take the ordnance arid navy estimates, and on Monday he should call the attention of the House to a proposal of the Government with regard to Ireland. Alter a few words from Sir R. PEEL, who seemed to ob ject to the debate being adjourned to Tuasday. Mr. FERRAND wit'edrew his amendment. Mr. T. DUNCOMBE said the Right 'Hon. Baronet the Member for Tamworth had not answered his question, whether while he was Minister the debate was adjourned as it was pro posed to adjourn this. Ministers were shirking from the discussion of this question, but they ought not to shrink from it because public opinion was hi favour of the first part of the Noble Lord's apeech, while he denied altogether the proposition contained in the latter part of the Noble Lord's speech, that the House ought not to come to any resolution upon the foreign policy of the Government. Sir ANDREW LEITiI HAY considered that this was an important quest i on, connected not only with the finances of this country, but with the liberties of Europe, and it was his im pression, that the sooner this debate was concluded the better. lie sho u ld, t h erefore, propose that the debate be resumed this. day (Friday). Mr. DUNCOMBE seconded the amendment. Strangers were then ordered to withdraw. No division, however, took place, it having been arranged that the debate should stand adjourned till Thursday next. FACTORIES BILL. This Bill went through Committee pro forma, The House resumed. THE SUN, LONDON, FRIDAY MORNING, MARCH 5, 1847. POATSMOUTTI, WILDWISDAT.---The Sphynx, steam .sloop, was hove out of her stranded position at Brook, yesterday, about 45 feet, when a ledge or bank stopped her further pro gress seaward. About two feet and a half of water, which she had made, having been pumped out, it Wall expected the vessel would have been hauled off la• 4 night, but ac she has not made her appearance at Spithead up to this evening, we conclude the experiment was a failure. After to-day the tides" take off "again. The Dragon, steam-frigate s Captain Ramsay, left this morning, with 150 tons of bind and meal, for Cork, 014 the relief service. (Last week between 600 and 700 tons of meal and biscuit, for the relief service, were made and shipped from the Royal Clarence Victualling esteblishment. The highest praise is due to the officers of this vast d •pet for the immense exertions they have made, and are still making, night and day, to meet the demand upon their resources for food for the relief of the prevailing distress in Ireland and Scotland. The Centaur, steam-frigate, arrived at Spithead this after noon for Ireland. The Baretto Junior, transport, Lieutenant Griffith, agent, was towed into harbour this morning by the Rattler, steam sloop (all the tugs being at the wreck of the Seltynx), to he loaded with stores fo7 the squadron in the Tagus. The Emerald, tender, arrived to-day, from Woolwich with supernnmeraries. Lieutenant Robert Reid, late of the Sappho, has been ap pointed to the Mariner brig, at Devonport. CORPORAL PUNISHMENTS IN THE ARMY. Two Parliamentary returns, of reat social importance have recently been issued by order of g the House of mmons. The first is intitled "A Return of Persons Flogged in the Army, in Great Britain and Ireland," from January, 1845, to July, 1846, and the second returns the number of corporal punishments inflicted, from the Ist of August, 1816, to :31st December, 1846. The flogging " experiences" of 53 entire regiments, and 79 depots, are recorded in these documents, from which it appears, that during the first eighteen months in question, 348 soldiers suffered the punishment of the lash; 228 in 1845, and the reiminder in the first half of 1845. The lumber of stripes awarded was 43,168, and the number inflicted 38,929, or in round figures, something like 90 per cent, of the whole amount. The nature of the and th e quantum of punishment administered, offences, may throw some light upon the operation of the military code of legislation. Ninety-four soldiers were flogged for insubor dination ; their sentences awarded an aggregate infliction of 12,500 lashes, and the number actually " laid on" was 11,748, or more than 123 in each case. The " drunkards" amounted to 80, and were doomed to receive 8,133 lashes, and the cu rative process was carried out to the extent of 7,129 nine fold lacerations, or upwards of 89 per man. For " selling their necessaries" (1. e. any portion of military clothing, which in, all cases, th e so ldi er pays for, or receives indirectly as a portion of his state wages), 69 culprits were brought to the triangles, and received 7,325 lashes, out of 8,035, or more than 106 each individual. Fur using " violence to su periors," 36 were tortured into a love of peace and moral suasion, at the easy cost of inflicting 135 lashes per man, or in the whole 4,863 stripes, out of 5,350 ordered. The " thieves" rank next in the military scale of vice : 29 of these receiving 3,730 out of 4,050, or upwards of 128 each delinquent. The last class of offences is described rather vaguely, as "disgraceful conduct," and of these there are 35 instances, for which 5,100 lashes were awarded by courts martial, and 4,134 inflicted, or somethin g worse (we were going to say better), than 118, as the share of each unfortu nate criminal. With regard to the distribution of punish ment, the returns afford singular results, In ten regiments. and 51 depots, not a single case of flogging occurred. In 6 regiments, and 12 depots, only one instance occurs in each, and in 5 regiments, and 2 depots, but two cases of fog ging are recorded. On the other hand there are three regi ments, with 20 cases each; 67 soldiers were brought to the halberts in four regiments, and out of the entire number of court martials avoiding corporal punishment, 37 regiments. Those between them, no less than Si each ; the latter fact affording some scope for reflection, as to the "reforming" Influences of the lash. But the philosophy of the question is to be gleaned from the second return of flogging cases, from August Ist, 1846, to 31st of December last, comprising the period since the death of the martyr White. 68 regi ments, and 64 depots, yield a total of 400 lashes awarded, and 155 inflicted. It would seem as if the chiefs of the army felt that a paltry 50 lashes is a sentence too weak for vengeance, and too feeble to produce amendment. FOOD IN BEIGIIIIII.—A letter from Antwerp, of the 28th of February, informs us that the price of bread has again risen. On Friday the price of wheat was 33f. 55c.heoti per of rye 22f. 72c., oats 91. 79c., hay If. 95c., and straw sf. 80c. The price of bread of second quality was 50c. per killo gramme, and that of rye Gilead 30c. SAVINGS BANKS IN IRELAND.—A return of the amount of deposits in th , .. Irish savings banks has just been printed by order of the House of Commons. The returns are made up to the 20th of November last, and contain the fol lowing comparative statement of the amounts due to the banks of the several provinces on that date and on the cor responding day of 1845. The total amount of deposits ap pears to be for Leinster .... 1845. 1846. .. £1,078,309 12 4 Ulster .... 621,333 11 3 Connaught.. 131,156 5 9 Munster ...... 1,045,584 1 3 . --...,—......_. —sir Gross Total. i/C,876,388 10 7 £2,882,166 3 9 The balance on the surplus fund account were, in the total, in 1845, 11 , 0 23/. 3s. 31; 1846, 10,915/. 2.3. 2d. The separate return for Dublin (included in Leineter in the above table) shows the amount of deposits to have been on the 20th of November, 1845, 635,851/. 3s. ; and in 1816, 4 85,116/. 2s. Bd. NARRO W ESCAPE FROM DROWNlNG. — Wednesday afternoon, between three and four o'clock, as three boys were playing on the banks of the Surrey Canal, near the bridge, New Pe c kh am, one of them pushed James Emerson, a lad about thirteen years of age, with such violence as to preci pitate him into the canal, which at that spot is rather deep. A cry for assistance was immediately raised, and a man of the name of Phillimore succeeded in rescuing the lad from his perilous situation, and he was immediately conveyed to ' the residence of his parents, who live a short distat:ce from where the accident occurred. Colonel Ferguson paired in favour of Mr. Bou • verie's motion for a committee of inquiry into the refusal of granting sites fur churches in Scotland with; lienry Stuart? Esq., Bedfvrd. NAVAL INTELLIGENCE. WCOLWICH, MARCH 3.—The Amphion steam-frigate, under the charge of Lieutenant Sibbalci, got up her steam yesterday, and returned from Greenhithe to Wool wich, accornpaitied by the Black Eagle, Master Com mander S. B. Cook, the Black Eagle having been ordered to Greenhithe in case her assistance should be required, but the Amphion accomplished the trip in a satisfactory manner; and on the Wye convict hospital ship being taken out of dock to-morrow the Amphion will be taken into dock to have some alterations made in a part of the engine room which renders the space next to the moving and stopping power too confined and dangerous w h en passing it in haste. The Grappler, iron steam-vessel, Lieutenant-Com mander Lysaght, who was appointed to her at Wool wich immediately after he had concluded a course of study of steam machinery at the factory, has arrived at Sierra Leone, and the following interesting detail of her pas sage to the coast of Africa shows the importance of a knowledge of steam machinery to officers commanding vessels:— " We burn more coalsnow than we did on our first trial betwixt Woolwich and Portsmouth, consuming 20 tons in stead ofl7 when full starning„ which gives us only seven days'coal. On ourleaving Plymouth, and in fact from the first, I found her leaky —more than the bilge-pumps chose to deliver; and these functionaries (the pumps) getting exceeding sick about 24 hours out of port (off Ushant), like their managers, I believe, declined further duty, on which the water rose on us three feat anda half in the stoke-hole, putting out the fires and bursting tip the plates of the platform, so vs to let some tons of coals into the bilges. I put it hands to pump and bale for some hours before I got her free enough to enable the engineers to get at the bilge-pumps and free them, and I caused the plungers to be eased a little. The next morning, finding the breeze strong in our favour and against our return, I gave her steam again. On examining the engines and means of work ing the vessel, one or two things have suggested them selves as requiring improvement. Our bilge-pumps work on the inner arm instead of in the bilge, so that as they suck at nine inches, and the ship is very crank, a large body of water is left in the engine -room washing to and fro, which the suckers cannot touch except when the vessel rolls to windward. I do not know why they should not be on the outer arm and the feeds amidship, but suppose there is some good reason that the contrary plan has been adopted. When we get to Ascension I will try and get branch pipes to lead from them to the bilge on either side, that the difficulty which now exists may be obviated. The fulcrum of the hand-pump put in at Woolwich gave way in our utmost need, but the bearing overhead, on which the lever worked, was said to be cast iron : the next shall be of wrought iron. I found a very bad leak in the stern of the vessel round the rudder-case, and stopped it with some difficulty. We hear the water come in in clear streams inside the lining, but, as she is lined throughout, I prefer pumping her out to laying bare the leaks ' too numerous for insertion,' or patching by our mechanics. As far as the ship's work goes she is very indifferently finished. Our engine has a perpetual salt water bath from leaks inside and along the iron sponson beams, which we have tried in vain to stop. Now for the brighter side. She goes at the rate of 8 knots an hour when deep, with one boiler on the third step of expansion, burning 8 tons of coals, and with full power in the same trim (11 feet) only 9.5 knots, so that I think I shall never use the two boilers again except in chase. In very smooth water she does not shake or work so much with the easy steam as she does with the full power, and I have a suspicion that we have too much power for her strength. When she has full power, even in smooth water, she works and trembles like a sailing vessel overpressed with canvass, and I should say with the same want of increase of speed as in a sailing vessel overpressed. At the time I write she goes 8.6 knots with the wind abeam, and one boiler third step of expansion. The wind is not helping her much, as she only went five knots some time back under canvass only, and she is running away from her 1 canvass now and then, as it gets lighter. She does not run well deep as she is, and I have not tried her light yet with a sail; the most she has gone with a fresh trade wind (wheels disconnected) being eight knots. I did not take off my lower floats, as I might have done, on the herne-station or Mediterranean, with a dockyard under my lee to replace nuts, screws, &c. Ido not think the wheels checked her much, as being dis connected they had nothing to turn but themselves. We left Madeira on Christmas-eve, having got 117 tons of coals very smartly delivered. The Sphynx left an anchor there, from letting it go in too deep water and snapping the chain. If ever any more iron pots are sent to sea, the ribs in their bottoms should be perforated in different places to allow the water to comae and he pumped out. As they are at present constructed there are compartments about two-and-a-half feet long by nine or ten inches deep, confining the water between the ribs until it is baled out, or stinks. I shall cut limber holes when I can : in the meanwhile she makes water enough to keep her sweet. We ar rived at Sierra Leone on the 7th, and found here the Prometheus, Wanderer, and Ferret. Prometheus has taken a great many prizes ; Ferret and Cygnet took one between them the other day. We sail on the 9th for Ascension. The coal here is very bad ; none but the best should be sent, as the freight is the principa expense." ----.....—. Total Of the comparatively small quantities of malt spirits on which duty was paid in England and Ireland, none, we are informed, was manufactured in England, and only a small part in Ireland ; the rest was prepared in Scotland for the English and Irish markets. On the strength of these propor tions it might be assumed, that distillation from malt was exceptional and accidental in England and Ireland, and dis tillation from grain exceptional in Scotland ; and the com parative rates of duty on colonial and home-made spirits might be regulated on this assumption. But such an arrange ment would leave the allegations of the grain -distillers respecting the rectifying process undisposed of, and also the representations both of malt and grain distillers as to the enhancement of their cost price by the Excise regu lations under which they must work, and from which the colonial distillers are free. Everything considered, the proposal of the distillers, to refer the investigation of the matter to a select committee, seems the fairest and most eligible. The case is one of technical details; it is not fit for the rough handling and bush-fighting of a "Committee of the whole House," but is better suited to the scrutiny of three or four intelligent Members, sitting on it as they would on a waterworks or railway Bill. No perceptible loss of time would be in curred: the points to which inquiry ought to be confined are few and palpable. A couple of intelligent witnesses on the part of the distillers, as many on the part of the colonial interests, and one on behalf of the Excise, would be suffi cient. The investigation might he concluded satisfactorily in three days. That Parliament is not in possession of data whereon to form a correct judgment, will be obvious from one circumstance. In the Excise reports on distillation from grain and sugar, presented to both Houses, the quantity of spirits yielded by a quarter of malt is estimated at 18 or 19 gallons. In the schedule placed in the hands of every distiVer to be filled up, is a column headed " Pro portionate ddiciency of malt, after the rate of one bushel for every two gallons (i. e. one quarter for every 16 gallons) ex cess of proof spirits." Either the Excise have given a false and exaggerated estimate of the quantity of spirits that can be Produced from malt, or they systematically overcharge the distillers. With a view to immediate practical application, we have confined our remarks to the representations of the distillers. But, the complicated system of levying duties, brought to light in the attempt to illustrate their case, has a much wider range of interest. Let us compare the position of the manu facturer of spirits from malt with that of the manufacturer of piece goods from cotton. Finished cotton goods are liable to no duty; spi its fit for the market are. The duty on malt spirits is levied at two stages of the process: so much is charged on the malt, and so much on the spirits. The malt and the spirits must be made on separate premises, and both under lock and key of the Excise. Fancy for a moment that one duty were imposed upon cotton yarns and another on piece goods; that the spinner were forbid to weave on the same premises; and that both spinning and weaving were ordered to be carried on under lock and key of the Excise! The manufacture of malt spirits is subjected to duties and re strictions wheicghrlov:.ualrdonfobtarbley is therebyett:ilerate. placeddinth a the catsae disad vantage the cotton manufacturer. And the di st i ller is not the only suirerer Th as compared with the grower of cotton; and the consumer of spirits is placed at a disadvantage as compared with the consumer of cotton goods. There is here a glaring case of oppressively unequal incidence of taxation. RE-APPEARANCE of the POTATO DISEASE. certain that thperpoovtiadteoadsilas= The following communication from his Grace the Duke of Portland, relative to the re appearance ~f the were ingeo:m, d m h o u n m p a r n u prudence, potato disease, will be found worthy of consideration:— " Sir —lt is substitute—via,, has tu te v againia ~ i t t o hin these six weeks I was appeared in the same manner as it appeared last year at thrreiticlu:wr,nimon turnip. I have since can depend upon a crop of that root this sunim , r. I ven ture, season. No man, therefore, in mit t 1 huourat much ah , w Swedishl s , : superior ur t with ep greatr ithatoturnip. r tconfidence,oSwedish eaten them, and I think them much more substantial food than potatoes. Having had much experience in the use of potatoes as food for cattle, I am sure that Swedish turnips are the better food of the two. In point of quantity they yield largo. crops. I have grown here twenty-two to per acre. I have no doubt that in milder climates larger crops may be obtained The cul tivation of the turnip is less expensive; comparatively, the seed costs almost nothing. As they need not he sown very early in the spring, they do not suffer from early frosts; and in the autumn and winter no frost will hurt them. Ido not know that on the same land they ' continually, as will bear repetition potatoes will; they are also liable in sand lands to be hurt by the grub. Thee two last are the only disadvantages to which they are liable. When well cultivated, on the whole I con sider them a superior crop, and to be preferred, even there was no such thing as a potato disease. " Welbeck ' Feb. 26." " SCOTT PORTLAND. .........144.1.•• MARKET NEWS.-(YESTERDAY, NEW - GILTS AND MEI/MEMEL/LI/L. We had a steady trade her, and prices were well sup ported. Beef, from 2s 6d to 3s 6d; Mutton, 3s 4d to 4s 4d; Veal, 4s 2d to 5s 2d; and Pork, 3s 6d to 4s 10d per Blbs. by the carcase. ItrE.A.T TS. SOUTHALL, MARC], 3.—Our market was well supplied with Beasts, but rather scantily of Sheep and Calves. Gene rally speaking, the demand was steady, at our quotations;— Beef, from 2s 64 to 4s 2d ; Mutton, 3s 84 to 5s 2d ; Veal, 43 to 4s 104; and Pork, 4s to 4s 6d per 81bs. ItostFonD, DlAncit 3.—Sheep and Calves moved off readily, at an advance of 2d. per 81bs. In other stock comparatively little business transacted :—Beef, from 2s 104 to 4s 2d; Mut ton, 3s 84 to 5s 2d ; Veal, 48 2d to 4s 10d ; and Pork, 48 24 to 4s 8d per bib s . Suckling Calves, 188 to 28s ; Quarter-old Store Pigs, 16s to 18s ; and Milch Cows, with their small Calf, 161 to 181 each. MAnce 3.—We had a steady trace to-day, at rather improved currencies :—Beef, from 3s 4d to 4s 4d; Mutton, 4s 4d to 5s 44; Veal, 4s 2d to 4s 84; and Pork, 4s to 4s Gd per Blbs. ARUNDEL, MARCH 2.—Beef, from 3s Gd to 4s 44; Muth*, 48 44 to 5s 4d • Veal, 4s to 4s ; and Pork, 4 s to 4 s 6 d per Sibs- Supply limited, and trade firm. CHICHESTER, MARCH 3.—Each kind of prime stock sold f reely, other qualities slowly, on the following terms :—Beef, from ds 2d to 4s 4d ; Mutton, 4s 24 to 53 6d ' • Veal, 4s 4(1 to 4s 8 4; and Pork, 4s 24 to 4s Gd per bibs. Suckling'Calves, 18s to 275; Quarter-old Store Pigs, 16s to 18s; and Milch Cows, with their small Calf, 161 to 181 each. CORN AVERAGES. GENERAL AVERAGE PRICES OF BRITISH CORN For the Week ended March 4, 1847, made up from the Returns of the Inspectors in the different Cities and Towns in Emgland and Wales per Imperial Quarter. WHEAT. I BARLEY.' OATS. BYE. I BEANS. I PEAS. PRICE .• 174 3 7d 55s Od 32s 4d 555 lld 1 53 s 9d 57s 5d - - The Duties on Foreign Grain are now suspended. LOYAL UNITED FRIENDS.—A few evenings ago the sixth anniversary of the No. 6 Lodge of this high ly re spectable social body was celebrated at the Lodge-house, the King's Arms, Wilke-street, Spitalfields, on which occasion the friends partook of a substantial entertainment. Presi dent Groom officiated as chairman, as did past President Jaques as deputy, and were supported by P. P. Campbell, D. Burgess, P. Lowth, P. P. Watson, and several other in fluential members of the order. After the usual toasts had been given and duly responded to, Deputy Burgess proposed " Prosperity to the order, and success to its gift funds," which was received with great applause. The healths of the Chairman, Daputy, and Treasurer Cook, were severally drank amid much enthusiasm, and the evening was enlivened with several songs, &c. We have much pleasure in stating that Lieutenant- Colonel Sir Walter Scott, Bart., of the 15th Hussars, whose serious illness at Madras was announced some time since, has much improved. He maybe expected to arrive in this country I with Lady Scott uort month, by the ship Wellesley, DIFFICULTY OF DOING JUSTICE THE DISTILLERS. (From the Spectator.) It is not easy to apply the most plain and obvious rule of abstract justice in a society so complicated as ours. Not the least evil of the partial system of cherishing and promoting ';interests" by financial arrangements. So long as protec tive duties or exemptions to promote this or that branch of industry are upheld, wrong is done to all who are not en gaged in it; and any attempt to place others on a footing of equality with the favoured interest is almost certain to result in an act of injustice to some luckless individual whose case has been overlooked, and who, not expecting such a visita tion, has been tardy in claiming attention. This general observation has immediate reference to the case of the British and Irish distillers. Three Bills are making progress through Parliament, under the auspices of the Chancellor of the .Exchequer —the Sugar in Breweries Bill, the Sugar in Distilleries Bill, and the Customs Duties Bhaving one o bj ect i n view (and a very proper one), which,i, must be taken as one measure. They are intended to open a wider field for the consumption of sugar, by per mitting an extended use of it in breweries and distilleries, and to admit colonial spirits into the home market on equal terms (in so far as duties are concerned) with home-made spirits. The principle of the measure is sound: it is the principle of free trade adopted when it tells in favour of the colonies, since it has already been put in practice in a man ner that tells against them. Still the details of the measure are open to criticism ; and here the home distillers take up their ground. They main tain that the rates of duty proposed to be levied on colonial spirits, instead of being equ a l, are in reality lower than what is to be paid by the home distiller. The duty paid on home-. made spirits is—in England, 7s. 10(1. per gallon ;in Ire , land, 2s. Bd.; in Scotland, 3 1 . Bd. The duty proposed to be ' levied on colonial spirits is--in England, Bs. 4d. per gallon; in Ireland, 35. 2d.; in Scotland, 4s. 2d. Appa rently there is in each case a difference of 6d. in favour of the Home distiller. But the spirit-duty is not the only tax levied on home-made spirits. Of nearly sixteen millions and a half gallons on which duty was paid in 1846, upwards of six and 13 half millions were distilled from malt. In the distillation of all the spirits not made from malt a portion more or less of that ingredient is used. The duty on malt is 2s. 8 1 ,id. the bushel ; in Scotland, half of this duty is returned to the distiller. If more than two gallons of spirits are produced from a bushel of malt, the Excise charge malt duty on the excess. To the nominal duty on home made spirits, therefore, we must add Is. 4id. per gallon in England and Ireland, and Bd. per gallon in Scotland, for all spirits distilled from malt, and for other spirits a proportional sum, according to the quantity of malt used in distillation. The duty really paid by the home distillers from malt will therefore be—in England, 9s. 2d. ;in Ireland, 48.; in Scot• land, 4s. 4d. This baing the case, the proposed rates on Colo nial spirits will amount to a differential duty of 10d. per gallon against the English and Irish malt-distiller, and 2d. against the Scotch. The case of the grain distillers is not so clear: the amount of malt-duty paid on their spirits varies according to the quantity of malt used by each individual. Some distillers estimate it as low as .4(1 per gallon, others as high as 4d. But there is a peculiarity in the case of the grain distillers that makes the duty they pay heavier than it appears. Their spirits must undergo a rectifying process before they are fit for use. The Excise regulations do not allow the distilling and rectifying processes to be carried on in the same pre mises, and the Excise-duty is levied on the spirits as carried from the distillery. Rectifying occasions a considerable diminution in quantity; and, consequently, (b.ty is paid on a larger quantity of spirits than is actually brought into the market. It is alleged by the grain distillers that this wastage has not been taken into account by the parties who fixed upon 6d. as the fair difference between the duties on home made and colonial spirits. 'Were the additional duty imposed on home-made spirits in the shape of a ma l t -d uty t h e on l y su bj ect for consideration, the case o f th e malt-distillers might be easily disposed of. The prop ort i on b orne by ' the malt spirits to the whole spirits on which duty was paid in the Three Kingdoms in 1846 will appear from the following figures. In England. In Scotland. In Ireland. Grain Spirits Malt 717,483 NTRAL CRIMINAL COURT. OLD COURT. Before the LORD CHI*F BARON and Mr. Justice CoLE itinGe ) ROBBERY' OF ItIAMONDS UPON THE HIGH . SEAS. Robert Kerr, aged 28, a mariner, was indicted with steal ing two packages of diamonds, value 3,3001., the property of John M`Millan and others, upon the high seas, within the jurisdiction of the Admiralty of England, &c. Mr. Clarkson with Mr. Doane were for the prosecution; Mr. Bellantyne with Mr. Baldwin were engaged for the pri soner. Mr. Ceanksosr opened the case, and at considerable length _raced the actions of the prisoner from the period at which the diamonds were consigned to his care at Bahia, until he was taken prisoner at Montreuii in France. The particulars will be foiled fully detailed in the evidence. The first witness called was John MSMillan, part-owner of the barque Levenside. Arcbibald M'Kechnie, of Greenock, and Mary M'Alillan, of Greenock, were his partners. He had known the prisoner for three years. In the month of September, 1845, the Levenside sailed in ballast from Greenock to Ardrossan, for the purpose of being laden with coal. The prisoner was then master of the barque. She returned in the month of Janu ary, 1847. Witnes had been expecting the vessel for a long time before, and, in consequence of some information he had received, he went to Deal about the Bth of January. The vessel anchored in the roads, and witness went aboard of her, and found that the prisoner was absent, and the barque in charge of the mate and a young man about 20. In conse quence of what the mate said he searched the cabin, and had a drawer there broken open. He found no diamonds there. He found the two bills of lading produced in the ship's registered box, where the ship's papers were usual') kept. Lieutenant Back, of the Coast Guard, was with him at the time. The signatures to both the duplicate bills transmitted to the consignees were in the handwriting of the prisoner, Captain Kerr. —(The documents were read.)—Witness only boarded the vessel for a few minutes. The barque arrived in London on the 23d of January. On the 25th he went, in company with Forrester, to Dovor, and subsequently to Montreuil. They went into a hotel there, and the prisoner Caine there. He said, when he saw the witness, " Oh, you are there, Mr. M'Millan. l They were then in the dining-room, and they returned to witness's bed .room. Forrester then asked pri soner what he had done with the property, and prisoner pro duced a bag of gold containing 841. saying that was all, he had been robbed of the rest, he imagined he had been robbed in the carriage by a person who had got out as Ash ford. Prisoner was searched by Forrester, and they after wards dined. Witness told prisoner that as he supposed he must have been unhappy for a long time he had better take his dinner that night, and make himself as comfortable as possible. The prisoner after dinner asked to speak to him again, and they went to the bed room. The prisoner took oft his boot, and took out a roll of notes to the amount of 100/., which he handed over to witness. k'risoner after wards said in a contrite manner, " I suppose I must be transported for this." On the way home from France, Captain Kerr told witness that he had gone to "the Albion," in East Smithfi e ld , b ut found that the parties who formerly kept the house had left. He went to bed, and in the morn ing when he wanted his coat brushed, and, in order to get it done properly, he was obliged to take some parcels out of it, and either Mr. Foreman or Mr. Hoare asked what he had there/ The prisoner said, these are diamonds, and added, can you sell that small parcel for me? The person said that he had no doubt he could, but he could do so better if the other parcel was combined. The prisoner then authorised the sale of both parcels. The prisoner also informed him that he bad received about 1,100/. in all for the diamonds. He also asked if Sir. Foreman and Mr. Hoare were in cus t"dy ; and when told they were not, he seemed consi derably surprised. He also said a Deal boatman had boarded the "Levenside" in Mid Channel, and said that two gentle- man were waiting him at Deal. The Captain said, " There are my owners," and he went ashore with the boatman, al though remonstrated with by the mate. Cross-examined by Mr. BaeLaNaussE—The diamonds did not appear on the ship's manifest. There were no other portions of the cargo omitted. During the journey from M ontreuil he endeavoured to make the prisoner as happy as possible. Ile believed that they had only twn r conyersations on the subject o f th e r o bbery; in fact he (I.\ r. M , Milian) rather wished to avoid the subject. He did not remember the prisoner saying that he was drunk when he went t o b e d at Foreman's, nor did he say that Foreman was in his b e d. room before he awoke, nor did he say that Foreman had cut the strings of the parcels. Daniel Campbell, mate, and son of the part owner, re membered that tlie vessel was caulked at Bahia. He was not then aware that there were diamonds on board, but ascer tained it on the homeward voyage. One day he went d own into the cabin and found the master overhauling papers. He did so to. He saw two bills of lading mentioning diamonds by themselves, and he asked the master why they were by themselves? The prisoner said that it was LI ease they should LAW INTELLIGENCE. VICE-CHANCERY COURT, March 4, (Before Sir J. WIGRAM. ) LAUDER V. INGLESOLE. This was a motion on the part of the defendant, who is an executor, to set aside an order of the Court in reference to costs on the ground that he had not been served by the plaintiff with the requisite notice. His HONOUR. delivered judgment to-day, and diernissed the motion with costs, TIPPING V. CLARICX.-(JUDGMENT). This was a bill filed by the plaintiff, alleging that the de fendant had surreptitiously and fraudulently obtained copies of his accounts by bribing his clerk. The bill prayed that the plaintiffmiglit be restrained from publishing such copies, and also for the costs of the suit. Hie HONOUR delivered judgment to-day. Taking the case merely of a clerk having given these documents surrepti tiously, he ht.d no difficulty in granting the injunction, for he should consider the defendant in the same positiol as the clerk whom be had induced to furni6h hill with the copies referred to. But it was his duty to ascertain whether or not it was the intention of the defendant to publish these papers. The only :evidence was a letter which had teen written by the defendant himself to the plaintiff. It 4?- poured that the defendant had filed a bill against the plaintiff, to which the latter demurred, and the letter in question was written thereupon. His Honour here read the letter, which contained the following extracts:—" I know the contents of your books as well as yourself, and with these I shall make your creditors acquainted." " I intend to call a meeting of your creditors shc,rtly, to be held in Clonmel, and you may be satisfied that you shall have Chancerysuits sufficient to satiate your appetite." The defendant, in his answer, admits that at the time of writing that letter it was his intention to carry his threat into execution, but states that he entertains no such disposition now. Under these circuuistancts he would not grant the injunction. Bill dismissed without costs. SHERIFFS' COURT; Afrt:•ch 4. (Before Mr. Under-Sheriff nURCHELL ABSENCZ OF COUNSEL, &c.—This morning several causes were struck out of the list, in consequence of the absence of parties. In the first two cases counsel appeared for the de fendants, but the plaintiffs were not prepared; in the third no one appeared, and in the fourth defendant's counsel was not prepared. The UNDER •SHERIFF said the cases must proceed. Parties must be prepared at the sitting of the Court, and if not ready when called upon the cases would be struck out. The incon venience was very great. EDWARDS V. WATKINS. This was an action brought by the plaintiff, a journeyman bricklayer, against the defendant, a builder in the Minories, to recover the sum of 71. Bs. 10d , the balance of an account for work and labour done. Mr. THOMAS, for the plaintiff, called a witness, who spoke to the value of the work. Mr. NAYLOR, for the defendant, said that he was placed in a position of considerable difficulty, in consequence of the other causes having gone off, as he only an swered for a Learned Friend who had not arrived, and he therefore had no brief. Witnesses were called, who proved that the work was done in building four cottages at West Ham, and the question was, whether the work had been properly done and properly measured. Plaintiff had previously summoned defendant to the Court of Bequests for 3/. 17s. 7d. for day work, and there was no demand for piece -work, but the Court re • commended a disinterested person to look over the work, and defendant would not assent unless he named the sur veyor, and plaintiff first paid half the expenses; and the consequence was, that plaintiff employed the witness called for him in this cause. Defendant engaged a person named Young,' but his evidence was rejected by the Commissioners. The UNDER -SHERIFF said he could not hear evidence of what the Commissioners said, as neither the plaintiff nor de fendant had a reply as against them; anything plaintiff or defendant said at the time could be now heard. Other witnesses were called, who considered the work was not done properly, and even if it had been 30s. per rod would be sufficient, instead. of 40s. charged, whereas, being badly done, it required work to the amount of 101. or 111. to "hide" it with " compo." Mr. Tnomas, for the defendant, said that the reference had been made in consequence of the defendant disputing the amount, but by measurement it came to the present amount, but which was above the jurisdiction of the County Court. There could not, at all events, be any question as to the claim of 31. 17s. 7d., and plaintiff was obliged to come into this Court. The UxnEn-Simeor said the defendant had pleaded pay ment, and the question was, whether the 161. already paid was sufficient for the work. It was a great pity the parties had not agreed, instead of putting themselves to great ex pense. He (the Learned Judge) was not prepared to say that plaintiff was not entitled to bring his action for the larger sum, as the first had been disputed, but persons ought always to see their full accounts before they began pro ceedings. The jury gave a verdict for the full amount claimed. Mr. DUNCAN, for the defendant, moved for the writ to be tained till next term: first, on the ground that no letter could be referred to by a witness, even though in his own handwriting, to refer to a date, unless the letter was put in ; in the next, that the verdict was against evidence; and last, that the damages were excessive, as the plaintiff could not claim beyond 31. 17s. 7d. The UNDER.SHERIF. said he would retain the writ for five days. Mr. THOMAS said that would be taken that the Under- Sheriff disapproved the verdict. The UNDER-SSRRIFF said, be did not, but had a doubt as to the amount of the verdict. The case lasted three hours. ASS•ULT.--FIELD W. STAINING. This was an action for assault. It did not appear who the parties were, or the circumstances under which the as sault took place. Mr. THOMAS (for the plaintiff) said the defendant had admitted that he had committed a wanton and unprovoked assault on the plaintiff, and as he did not appear now, it would be only necessary to show the extent of the injuries the plaintiff had suffered. Mr. Meehans, residing in Red Cross-square, was called, and gave evidence that he was acquainted with the plaintiff; and lodged at the same house. lie knew plaintiff had been assaulted and so much bruised that he could not go to work for three weeks, and the bruises did not leave him for five weeks. Plaintiff was a clerk to an auctioneer. By the jury --Ile had half-a-guinea a day when engaged, which was, on the average, three days a week. Mr. THOMAS said that was the plaintiff's case. The lisma-StmairF said the case was now before the jury. It was admitted by defendant that he had committed the assault, and he did not appear to offer anything in miti gation ; they must therefore assess the damages on the evi dence before them. The jury consulted a short time, but could not agree on their verdict. Mr. THOMAS said that the defendant admitted the assault, and if he had thought it necessary he could have given evi dence which would have brought heavy damages. The thenicit-SnEraFF said the evidence was of the most meagre character: there was not the slightest information or explanation given by the plaintiff himself. The jury had only the dry fact that an assault had been committed. A juror said there was no evidence as to the nature and extent of the violence on which they could found their damages. The UNDER-Stum' said they must do the best they could on the evidence adduced. The jury ultimately gave a verdict for 5/. ASSIZE INTELLIGENCE. 11 7 01c7WERN CIRCUIT.--Durham, March 2. This morning the learned judges proceeded to the county •ourts at noon. Mr. Baron Alderson proceeded to charge the grand jury in the Crown Court, while Mr. Baron Rolfe com ae nced the trial of causes on the civil side. The cause list presents eighteen causes; the calendar about as many prisoners. Neither appears to be of a heavy character. There are three cases of manslaughter, which, though fatal to life, do not appear to be of a ferocious cha racter. CROWN SIDE. Witham Errinnton, was charged on an indictment for having on the night of the 22d- el December last assaulted and robbed Thomas Brown, at Sacristan, of 11/. 10. s. in money, some groceries, and a watch. Mr. Otter conducted the prosecution, and Mr. Matthews the defence. It appeared from the evidence of the prosecutor that on the 22d of December he had been to Durham and Sherborn Hill to settle some accounts, after which he had between 111. and 121. left. On his return he had called at a public-house called the Halfway House. He and the prisoner entered together, and he treated the prisoner. About ten o'clock they left together, both quite sober. The prisoner carried a bundle which the prosecutor bad, and proposed to see hint borne. After they had proceeded some distance the prisoner went behind him, and knocked him down and rifled his pockets. After some time the prosecutor got to a Mr. West's cottage, where he obtained assistance, and police-officers were sent in pursuit. It was not, however, till after a chase of 1,150 riles that the prisoner was captured, at some coal works near Paisley, in Scotland. Previously he had worked at the Sacristan pit. The prosecutor swore positively to his identity, and other persons spoke to their being together at the pot hot Ilia. Mr. MATTHEWS addresseti the jury for the prisoner. Verdict —Guilty. To be transported for twenty years. Ralph Greenwood was indicted fur attempting to discharge a loaded gun at Thomas Watson, a police-officer, on the lith of December last, near Hartlepool. Mr. S. Gray conducted the prosecution, and Mr. Matthews the defence. It appeared that on the morning of Christmas-day last the prosecutor was in his host, when he observed the prisoner and another, each with a gun, beating a hedge for game. Ile went to them, and attempted to take the other, when the prisoner le ve ll e d hi s gun at him, and said, " ' My gun is loaded ; what if she goes off ?" and pulled the trigger. The prosecutor heard the snap, but it did not go off. He then went for assistance, and the prisoner and his companion quietly walked away. The prosecutor returned with assist ance, and they were taken into custody, and taken to Hartle pool station-house. The gun was then loaded, and a cap was on the nipple. Mr. MarrorEws, for the prisoner, contended that there was no proof that the gun was loaded at tke time, or that there was then any cap on the nipple. Plenty of time had elapsed while the officer was away to load the gao. If it was not loaded, or if there was no cap on, so that it was not in a state to go off, the prisoner was entitled to a verdict. Verdict—Not Guilty. Nothing of interest occurred on the civil side. WESTERN ClRCUlT.—Wincheqer, March 2. NISI PRIUS COURT.—( Before Mr. Justice CRESWELL.) JONES V. CLARK. This was an action brought by the plaintiff, who was a stockbroker at Southampton, against the defendant, who was alao a stockbroker at that place, to recover damages for the non-acceptance of certain scrip in the Oxford, Newbury, An dover, Manchester, and Southampton Junction Railway. Mr. Crowder arid Mr. Massey conducted the plaintiff's case ; Mr. Cockburn and Mr. M. Smith appeared for the de fendant. The declaration contained two counts, the first alleging a sale of the scrip to the defendant generally, and a non acceptance by him. The second count alleging a retainer by the plaintiff of the defendant, as broker, to sell the said scrip for the plaintiff for certain commission and reward, in the way of his business as a broker; in consideration whereof he (the defendant) promised the plaintiff to he re sponsible to him for the payment of the price of the said scrip when sold, with allegations of the tender, and non acceptance of the scrip. The defendant pleaded general pleas; first the general issue, and then traverses of all the material averments in the declaration, with a special plea setting out that since the making the promises in the decla ration mentioned, and before the tender of the scrip, the con tract had been dissolved, by the company having changed their capital from 600,0001. to 900,000/, and also altered the deposit, and thereby voided the contract which had been en tered into by the defendant. It appeared by the statement of the Learned Counsel for the plaintiff, and the witnesses called in support of his case, that the plaintiff and the defendant were sharebrokers, car rying on business at Southampton, and that in the early part of October, 1845, the plaintiff applied to the defendant to sell for him scrip for fifty shares in the Oxford, Newbury, An dover, Manahester,and Southampton Junction Railway. This he agreed to do, and on the 16th of that month sold them to a Mr. Mackay, a solicitor, in Southampton (who was the pro moter of the line), at a premium of 2/. ss. per share. The allotment was not made until the 31st, and on the 29th of November the scr i p w as t en d ere d by th e pl ain tiff's solicitor to the defendant, and the money for the same demanded, but the defendant refused to receive the same, saying that he had sold the shares to Mr. Mackay, and that as so o n as M r. Mackay paid him, he would pay the plaintiff. Mackay, however, having got into difficulties, and the scrip being dow n in the market, refused to accept the shares and pay for the same; whereupon the present action was brought against the defendant, on the ground that, according to the e usage am ongst brokers, he was responsible to the plaintiff for the value of the scrip at the time it was sold, and evidence w as g i ven of such usage amongst the brokers in Southampton. On cross-examination of the plaintiff's witnesses, it was elicited that there were only three sh are b ro k ers in South ampton, including the plaintiff - and the defendant, and also that after the sale of the scrip, and before the tender of the same, the committee of management of the ra il way had, by the advice of their engineer, increased their capital from 600,000/. to 900,0001., and also altered the deposits from 2/. ss. per share to 21. 2s. Mr. COCKBURN submitted, on the part of the defendant, that there was no case to go to the jury. First, he contended, that the first count in the declaration was not proved, as it was clear that the defendant acted pur e ly as a b roker, and did not buy the scrip for himself, but merely acted as agent between the parties ; and as to the second count, that there was no usage whereby to charge the defendant, as a broker, with the responsibility of paying for the scrip unless he had received the money from the party to whom it had been sold ; he also s u b m i tte d that the scrip tendered was not the article bargained for, as the capital in the railway had been changed, by bein g i ncreased one-third, and the - deposits on the .-hares altered from 2/. ss. to 2/. 2s. Mr. Justice CuesswELL, however, observed, that there was some evidence on both counts to go to the jury, both of a sale to the defendant personally, and also of the usage to charge the defendant with responsibility, even if he sold merely as agent. With regard; to the alteration of the capital and deposit, he would reserve that point if necessary. Mr. COCKBURN then addressed the jury for the defendant, and contended that this was an unworthy attempt, on the part of the plaintiff, to make the defendant liable in a trans- action in which it was never intended that he should be liable;' the real intention of the parties being that the de fendant should merely act as agent for the plaintiff in the sale of the scrip, and as soon as the money was paid to him he was to hand it over to the plaintiff. lie also called wit nesses to show that the defendant had mentioned to the plaintiff the name of the person Mackay, to whom the scrip bad been sold, before the sale to him, and that he had as- be boarded by pirates, and he then took the parcels from a drawer on the starboard side of the cabin The one parcel was about a foot, long and half a foot broad, and the other was about half that size. They were both in paper, and strongly sealed. The diamonds were kept in the same drawer all the vo . ) age. The master told him that the ship was to have so much per cent. for the freight of them. Wit ness remarked, " If you were to take out a few of these dia monds how would the people know ?" He answered, that they were all weighed at Bahia. He remembered the ship being abreast of a small port to the south-east of Brest, and two gentlemen coming aboard and asking the captain to show them the diamonds. He did produce them, and they were then sealed as he had before seen them. From that time he had not seen them again. When they reached Deal they were boarded by a boatman, and the captain went down to the cabin in which the diamonds were kept to dress himself, and, after au absence of twenty minutes, returned on deck, and, against the wishes of the witness, he went ashore. The boatman was the worse for liquor at the time. The captain did not reture, and, on the succeeding morning, iiLr. 111•Millan came on board, and the captain's drawer was forced and no diamonds were found. William Brown Ratford, steward on board, remembered the Deal men having a conversation with the captain. ( Witness had once seen the captain showing the parcels of diamonds to Lloyd's agents off the coast of France.) In the conversation with the boatmen, the captain asked if he would be searched on landing, and just before he left the vessel he saw the cap tain remove them from the drawer. He then went ashore and did not return. George Foreman, kept the Albion public-house, Lower E ., st Smithfield, mot remembered the prisoner calling at his house on the 21st January, about five o'clock in the evening. On the succeeding morning prisoner asked if he (witness) could recommend a tailor, and on witness answering that he could, prisoner said that he had got some stones that he had been speculating in, aid he asked if he (witness) could sell them for him. He said that he had never seen such things before, but he would take them as he went to the tailors' and inquire about it. The paper was Open, and prisoner told him to ask 5501. for them. Witness went to Hoare (the tailor), and showed him the diamonds. They then went to a man named Gideon, who sent foranother man, Benjamin ; the latter person tried the market, but could not get the money asked for them. Witness returned and told the prisonerthat such a sum could not be obtained, and the prisoner then furnished some more to him, and said, "There, take all, and get what you can for them." He also said," You and the tailor have'had some trouble about it, there are a few diamonds for each of you." Witness put the diamonds handed over to himself in his pocket, and the tailor did the same. On the next morning they accompanied Benjamin to Mr. Martin's, in Bucklers bury, who purchased the diamonds, and gave a cheque for 1,760/. for them, which was afterwards cashed by witness, and the proceeds given to the prisoner. Prisoner on Saturday left, and gave him a note for 301., saying that will settle my bill, and you can keep the change for yourself. On the Mon day after witness gave his diamonds to Hoare to sell them. Crosi-examined. by Mr. B ALLANTINE—Witness told Mr. Martin that the diamonds belonged to Captain Kerr Micosin. —( Laughter.) He did not mean "my cousin," but Micosin, which he to o k t o b e a man ' s name.—(Continued laughter.) Ho did not believe that Captain Kerr had more than a glass of gin and water the night he had arrived. Mr. BALeaxmlE—Which you charged 30/. for. Hoare, tailor, corroborated the evidence of the last witness. Cross-examined by Mr. BALLANTINE—He sold his own diamonds for 140/. Mr. CLanic.sus said that he had the persons Gideon and Benjamin present, and would call one or both if required. Benjamin Benjamin proved that he sold 2,500 carats to Messrs. Blogg and Martin for 1,750/. He (witness) bought the diamonds produced from the two last witnesses for 280/., and entered into a contract to sell them on the Tuesday for 5201. That contract he had afterwards annulled. Mr. Martin )of Blogg and Martin's), proved that Foreman, Hoare, and Benjamin had called upon him, and representing that a cousin of one of the parties, a Captain Kerr, had some diamonds for sale, asked him to value them, with the vie w o f purchasing them. Af ter some hesitation he purchased them for 1,750 k They weighed 2,500 carats, and he sold a p or ti on of them, 1,549 carats, to a person at msterdam for 235. per carat (1,781/. 75.) John Forrester indentified the diamonds which were handed to him by the prisoner at Montreuil. Joseph Beedle, clerk in the Commercial Bank, proved that he cashed Mr. Martin's cheque for 1,7501. with part of the notes given up by the prisoner to Mr. M`Millan. The consignment was then proved. Mr. BALL/STINE then addressed the jury for the defence. The LORD CHIEF BARON carefully recapitulated, in his summing up, the whole of the evidence, and the jury, after consulting for a few minutes, returned a verdict of Guilty of stealing on the high seas. The LORD CHIEF 13mtoN then, in an impressive address, sentenced the prisoner to seven years' transportation. This case occupied the court nearly six hours. (Before Mr. Sergeant GAZZLEE. f tb° TRE ABINGDON MALT ROBBLI: Y.—The circumstan.ne ° robbery are doubtless in the recollection of our readers', y ears several principal feature i n th em was the fact that for ,Ver3, past Richard J ones , a con fid ent i al servant of Miss Disrlol Spenlove, the o w n er o f t h e Abb ey Brewery at Abingugo, been plunderin g hi s m i stress of malt and hops, whic h oW to one Blagro ve , w h o di spose d of them to brewers st,' ne„ core' An investigation t oo k p l ace b e f ore the magistrates, ivu`',,,bes', mined for trial upw ar d s o f twenty persons, among st were three brewers of Oxford, charged as receivers. a The prisoners were this day put on their trial, ly l is a pleaded Not Guilty with th e except i on of Jones, w ho along admitted his guilt, and now confessed it in forrn. The prosecution was conducted by Mr. Carrington 5° J. Williams; and the prisoners were severally deferd e Mr. Selfe, Mr. Skinner, Mr. Pigot, and Mr. litiddlest o 9 6 el Four distinct prosecutions against several of the pri s o ilen (some as principals, and others as accessories) having t her from insufficient evidence, it was intimated that no 1-$iA cases would be p rocee d e d w i th, and that a verdict Guilty might be taken on behalf of the other prisoners. . 0 09 Mr. Justic e M au l e di sposel of eight or nine trifling 11 tifo and misdemeanours i n th e ot h er Court, and rose about o'clock. One case only rema i ns to b e tr i ed, which comes on y so 0, pointment to. m orrow morn i ng b efore Mr. Justice L .if , and in whi c h M r . S ergeant T alfourd is retained on beo' the prisoners. POLICE INTELLIGENCE.. WORSHIP-STREET. Catherine F a ll er , a we ll-k nown utterer of base 10 charged as follows: f , if o " , lin en ,. Harriet Stiff, daughter of persons of that nis ol- ,.'i 5 00 0 ' drapers, of John's-row, Finsbury, stated that the Nioc,ko came into the shop yesterday afternoon, at about five °jars': and purchased a pair of socks at 5d., for which she ! e " and a good half- crown . Wi tness gave her two good shillorv. bat a penny i n exc h ange . T he prisoner took up the nlen -, ' ow immediately afterwards replaced it upon the coun t . ,,,loia said that one of the shillings was a bad one. Witne'lwe its thoroughly convinced that the prisoner had put it t — rr ivs' place of a good shilling, took possession of it until th e ., s to al! of a police-constable. Witness had no sooner given I " boo' constable than the prisoner tried to snatch it oat of il! r t ime Mr. ARNOLD remanded the prisoner, in order to gqipt. for the attendance of Mr. Powell, the solicitor for the CLEI?KEN WELL. l • 1g John Robinson was c h arge d w i t h attempting to P c pockets at Sadler's Wells Theatre last night. hills 11 d It appeared from the evidence of a seller of play o s at. a police constabl e o f t h e t h eatre, that the former sa w him side the theatre d oors , b e f ore they had opened%ith the pockets of severa l persons, and the latter sa w 111 - „ w his hand in the pocket of a lady in the boxes. The prisoner was remanded. .% .., A. D 0,119, Of On the 26th ult., at Denmark-hi MIRTH 11, Camberwell, Mrs. Ve • a daughter. O , the Ist inst., at Streatham Rectory, the wi fe of the B ey '' J• It. Nichol!, of a daughter. the lady of On the Ist inst., at Adelaide-crescent, Hove, Brighton, I John C. Turner, Esq., M.D., e f a son. L gro• On the 2d Inst., at York-terrace, Camberwell N e w -road, A. Bevan, of a son. _____....--."'"*... MARRIED. y 8' L'' At St. James's Church, Clerkenwell, Captain G. F. he y , ,trAJJ, Bombay Army, to Illary Anne, only child o f t h e / A te John . Esq., of Worcester. On the 2. inst., Edward Jay, Esq., of Bath, to Anne, daughter Of the late Abraham Harman, Esq., of Walworth. On Tuesday last, Mr. John B DIED. ird, of No. 52, Hatton-garde n , in ha 75th year, highly respected by his numerous acquaintaiin, litany years Secretary to the Society of Patrons of th e Metropoll'"" Charity Schools. al R On the 22d tilt., at Newcastle, Staffordshire, 11fajor-Gene r- • Yates, of the Madras Army, aged 69. c os. On the 24th ult., in Paris, Thomas Coxhead Marsh, Esq., aged _bet On the 26th ult., at Cowley-road, North Brixton, Captain Ity Gilbert Livingstone Macdonald, of the 52d Light Infan tr y , aged 14,. On the 26th ult., at Bath, Maria Agnes, the wife of the Walter John Partridge. es t On the 27th ult., in Great Marlborough-street , MAO y- . °ung daughter of William Hunter, Esq. re O ak n e th a e g 2 ed 7t 7 h o ult., in Gloucester-place, Camden-town, Mr. Ro bert On the 28th ult., at Purbrook-park, Hants, Mary Anne, the wife of John Deverell, Esq. ASO On the 28th ult., at Winkton, Hampshire, Edmund YeaM Walcott Simpson, Lieutenant-Colonel Royai Ilorso ArtillorY• London: Printed and Published by---iiUNDO YOTTNa. o f No. 11 Frecinc. ~:rani, Printer, at The Bun fRe,-, N 0.112. ,zt* , ..nd, in the of the Savoy, in the County of liiddleses, Friday', Mar"" b, 1847. sented to the sale to that person, and therefore, even if tbif., was such a us age existing in Southampton as th at re i j on by the plaintiff, vet it could not avail here, as t here the express assent of the plaintiff to the sale to Mack* Mr. CROWDER having replied, Mr. Justice CRESSWELL left it to the jury to 2an whether th e d e f endant agreed to by the scrip for him,: and, secondly, if they did not, whether they thoughtroTi was such a known usage in Southampton between theniff i as would make the defendant responsible to the INa„ I tb the sale of the scrip; for even if they thought this, still were to consider whether the plaintiff had not axe the sale to Mackay; and, if so, they would find their 1. " -- for the defendant. The jury, after a short consideration, found their verdi ct the defendant generally. (1 This was the only case of any interest tried during day, and la s t e d till a late hour. CROWN COURT.—( Before Mr. Justice Wit.l. los ,' ) ti James Board was charged with having, nuary last, burglariously broken and entered the o rc t house of the guardians of the poor of the parish of St. , i u bi Southamptoo, and stolen therefrom six pounds " re i g n ib pork and other articles. There was a secood count_ b , indictment, laying the burglary to be committed in ing within the curtileg.! of the sai dwelling. • o ne 0 en the Mr. Saunders conducted the prosecution; the pits undefended. It appeared f rom t h e ev i dence adduced on t h e Par o f tr. -t to prosecution th a t t h ere was a bread room attac he' r workhouse and a dj o i n i ng i t, i n which brea d an d othe x l, e r d o visions w ere k ept. T here had been an iron grating in.ntie. the wall of thi s room, but shortly before the 7th o f " l A . , it had been s t o l en therefrom, upon which the hole w a ';e. up with bricks and mortar which was not dry at t bc ,, ti pig the present robb ery . T he room was duly locke d o n t" e it fi of the 7th of J anuary , b ut on the following mor ning TO discovered that the bricks with whi c h the hole in theeo had been stopp e d up, haul been removed, and an 8- it It% made large enough to admit the person of a ma n ' ; ,,,les o also found th at . a quant i ty of salt pork, beef, and ni; 'tF r of breed had b een sto l en. On inquiry being made, ascertained that the p r i soner had been seen on the r T s to of the robbery j ump i ng over a wall of the deaner y, so goof 200 yards from th e wor kh ouse. Ile was then s een t down and pick up something heavy, and carry i,t nr , tut Traces of wet sa l t were f ound at this place, leading tr' be ol wall to the b rea d- room, and also from the wall to a in the neighbourhood, and on a policeman who was in t het 6 the search entering the house, lie found the prison er 40, and also a l arge p i ece o f beef in the cupboard. who lived in the h ouse was ca ll ed, and stated that ` t - bit bt was brought th er e by th e prisoner, who had seiu,,,olol brought it from o n b oar d s hi p . I t was also proved t"Il t bi were some foot-tr ac k s f oun d at the place where the s l f tb l been traced, which corresponded with the shoes worn prisoner at the time of his apprehension. jori: Mr. Justice WILLIAMS, in summing up the case to " fi ltlio: told them that perhaps it was not sufficiently made °— a burglary had been committed, but still that they 4 convict the prisoner of the larceny if they: thong evidence sufficient. tr The jury, however, to the surprise of the whole C od ' tamed a verdict of Not Guilty. MIDLAND ClRCUlT.—Northan;pton, Marc GIBBONS V. BATTERIBT. This was an action for a li4el, and a special jury es ' se •se tol plaintiff; being a grocor and confectioner, and also a W i ro pS i e spirit merchant, in Stamford, and UP. defendant th e P e lm tor of the Lincolnshire Chronicle, in which an article aPP c ipt . in September last reflecting on the manner in whie,„ ll . s r dictt` g " ing-room in th e p l a i nt i f f' s house was conducted. u 10 the plaintiDamages 2001. sslP With this case finished the business of the 4:Ne r a tu f o rso l assizes, the lightest assize that has been known her time. HOME CIE C (HT.—Hertford, March 3 101 41 , 1 The commission for this county was opened 01 , 0 5 by Chief Justice Wilde, and this morning business " 01 ceeded with in both Courts, Lord Chief Justice Dean' col' siding on the Civil side, and Sir T. Wilde in the 4 Court. The business is very light, as, althouC h d oed,A causes are on the list, a great many of them are ti n f o r sr' 0 On the criminal side there are eighteen prisoners 01? but, with the exception of a charge of child-murde_, r, 0 (l'W charges are of th e or di nary description. The bus t 0 to posed of to-day did no t possess any feature of inter est public. %, OXFORD ClRCUlT.—.Reading, llfarci` ra por CIVIL SIDE.--(Before Mr. Justi ce M AULS an d a '- Jury.) „meelf,' 'WINGS V. THE GREAT WESTERN RAILWAY This was an action brought by the plaintiff, a 1549- nts,' Reading, to recover compensation from the defended .. injuries done to a phaeton, through the negligent 3 e adiii: „_ cure way in whi c h t h e approaches to the station at OAP i ,/ were kept on th e 1 2t h l ast September. Mr. whe re' arrived at the station at ten o'clock in the evening , ctor ial in accordanca with a previous arrangement, the sot horse, and coachman of the plaintiff had been sent O o f his arrival. Ile took his seat in the hinder T art a rre, phaeton, the coachman driving upon the box. "Ill e then proceeded along the road leading from t" e 2 nita% into Friar-street; the horse, described as a lively " w hisu• was startled at something supposed to be th e 0 0 of the engine, proceeded on its journey, darted I % pre and came i n contact w i th a log of timber, corked jetted about twelve feet from the fence, which Ite d the boundary of the road. The carriage 110 ,1 1 s eitt, i° , into the air, the coachman was thrown from "" l es cloP" the ground. Mr. Hardy kept hie place until the vebic r ofsl in contact with the large gates belonging to the 00' company, and which lead from Friar-street to the ,„ o .s The effect of the concussion was to shiver the carrg atoms, to injure the horse, and to throw out Mr. 11 . !";6 1 ,00 inflict a permanent injury to the joint of one of hi'ompa' The Learned Counsel contended that the railway c having dedicated a space of their ground leadi t t :ifee ri ! street from the station to form a road, were bound °e reasonably secure and free from obstructions, so that Po gers to and from the railway might proceed in safety 1104 The jury fou n d a ver di ct tor the plaintiff—Damages 2.0 4 . the amount of injury done to the carriage. CROWN COURT.—(Before Mr. Justice 111.4W1,5ged Henry Ja mes P age h aving been put to the bar, c4"-r-isl with utteri ng a counterfeit sixpenny piece, and no 0,1%10 appearing f u r th e prosecut i on, his Lordship inquired ,8 cause, and was t o ld t h at t h e solicitor for the Mint balif,/ declined to conduct the prosecution, and the 7th Ge%beir c 64, sec. 22, w hi c h gave prosecutors and witn"ses costs in misdeme anours ; not applying to a misderneano: rP eno the present, the pr osecu t or di d not like to go CO the e of preparing a brief and feeing counsel. Mr. Justice MauLE—The fiction of law in criminal Ca" is, that the judge is counsel for the prisoner; but h.e n r_ e , an d doer' ; b p sought not only to upset and to reverse that make counsel for the prosecution, but to throw the, net burden of the prosecution on me, and leave me to no7dili• the best case I can against the prisoner by a careful/In% 1 gent perusal of the depositions. But 1 will not df de l p osi* will be counsel for the prisoner, and let these (the Lions) be handed to some counsel learned in the law. he prr i Mr. Scotland, who examined the witnessess for,. otb secution, said it appeared that the prisoner On t'ene some last month offered the coin in question in payment ""dintev who iniale lb it, small articles of food, first to a baker, after the prisoner had quitted the shop ran after hilu h °l o too and returned it on the ground that it was bad; and, t " e olic e : grocer, who did net discover that it was bad until %Pi ; man came to i nqu i re whether the prisoner ha d V ntbe: counterfeit sixpen ce . Th e conduct of the prisoner nisistea° respects, as f ar as appeared from the evidence, was cclynd with a belief on his part that the coin was a B e " There was no scientific evidence that it was bad. Mr. Gray addressed the jury for the prisoner. dieta i The jury, after a s h ort consultation, returned a y ef Not Guilty. ~~' T . 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