The Daily Times. — Liverpool, Merseyside, England, 1860-12-10 00:00:00

LATEST NEWS. (BY BRITISH AND IRISH MAGNETIC TELEGRAPH.) MOST IMPORT ANT NEWS FROM CHINA. PEKIN IN POSSESSION OF THE ALLIED ARMIES. RETURN OF TWO OF THE PRISONERS : DEATH OF TWO OTHERS : TWO MORE MISSING. THE EMPEROR FLED TO TARTARY. THE PALACE SACKED. FOREIGN OFFICE, Dec. 8. The following telegram was was received this afternoon-at three o'clock p.m., from her Majesty's Consul-General at Alexandria, dated November 30th, 1860: " Two of the gates of Pekin are in our hands. " Parkes and Loch have been returned to us. " Captain Anderson and Mr. De Normann have died from the effects of ill-treatment. _ " Brabazon and Boulby unaccounted for. " The Emperor's Summer Palace taken and sacked, affording immense spoil. " Emperor fled into Tartaty; " Forces to winter at Pekin and Tien-tsin, " The two Anlbassadnts fit, niilitary head:. quarters:" FRANCE. The Cardinal Archbishop of Lyons has pub lished a very sharp pastoral letter in reply to the circular of M. Billault on the subject of subscrip tions to the Pope. . Count de Persigny's circular to the Prefects is received with almost universal favour by the Paris journals. It is reported at. Paris that the new Minister of the Interini is dnkithis foi the repeal la *g of general safety, passed immediately after the attempt of Orsini, and for a more liberal mode of dealing with the press. The French Government is about to grant an amnesty to the journals for previous infractionq of the press laws. Catri.trim_ _ I . iJE PERSIGNY'S CIRCULAR TO THE PREFECTS OF FRANCE. PARIS, Dec. 8. The Moniteur publishes a long Oyeuhq. ad dressed by Count Persigny i ttl the . Prefects ekplainirio in 444 ,hp,;intemle4lo upp the discretionaryippwer :conferred. :upon hnn by.the preSs ls,vb. Cdtirit rersigny examines the Eng lish laws, and points out their severity for all attacks against the Crown and State. He also mentions the great liberty enjoyed by the Eng lish press of discussing all acts of the Govern ment. M. de Persigny then says, if all parties and all writers, respecting the wish of the French people, only desire liberty of the press to maintain the prosperity Of the State,. they liatie liberty Of the press in France as in En land? at;l4. tlie, law becomes ; 4fletid. letter: Let d,hiiies in 6:icietir or C4O-Cernnieht be disclosed—let the acts of Administration be discussed, and injustice be revealed—but should n r endeavour to over throw the State and dynasty the law will not permit discussion, and the system of warnings will then be enforced. The Minister concludes thus—l declare that although disposed not to flinch before 'any tesportsibility iii prohibiting attacks by the presg agairAt the State; On the other, side, I sh4ll p,pt , ipmate. dertions. in the resolution which I shall take to encourage the habit of free discussion in France. THE EMPEROR NAPOLEON AND THE POPE'S TEMPORAL POWER. The Paris correspondent of the Weekly Register, a Roman Catholic paper, says the Pope has written to the Cardinal Archbishop of Paris, asking him to resign his place as Grand Almoner and Member of the Privy Council. The Cardinal has replied that if he resigned his civil offices, he would resign his see also. The Pope ceased tq insisp, The Abbe Maret has. oifered his resignation to the , Empefor, Vvho 'replied that he shoiild make no fresh appointments till Rollie hail accepted this. The Bishop of Versailles sought an interview with the Emperor ' to try and make him feel the Woes of the Church; and to reniind hini of .the end of his uncle.. The t . iiperdr listened to hiiii pootl+, with his Cigar in his mouth, and at last but : Monsigneur, your distress does y ou credit, but the temporal power is no longer compatible with our civilisation, and we must put an end to it as I put out my cigar. THE FRENCH FUNDS. PARIS, Dec. 8. The Bourse remains firm. Rentes closed 69.15, or about the same as yesterday. ITALY. The Government of Victor Emmanuel offered to be responsible for that part of the public debt of Rome which falls td the territory occupied by Sardinia. The Cabinet of Cardinal Antorielli met these overtures with peremptory refusal. The nimiber of depUties to the Parliament of Italy from the Neapolitan provinces is to be 114. NAPLES: . _ . The Neapolitan, army iti tliblan territory has diminished to 'B,OOO Men. _ _ iiniloilfdd that Government is about to 64i1 ii - ct a loan on account of public works. A grand military review was to have been held on Saturday. King Victor Emmanuel has returned to Naples from Palermo. RETURN OP VICTOR EMMANUtt. NAPI,EB, Dec. 8, King Victor Emmanuel arrived yesterday, and will remain here for fortnight. The following have been appointea Councillors of Lieutenancy for Sicily Farina, Director of the Interior ; CordoVa, Director of Finance ; Scalia, Director of Public Works; Pisani, Director of Public Instruc tion. REACTIONARY ' DISTURBANCES AT NAPLES. NAPLES (via Marseilles), Dec. 5. Reactionary disturbances have taken place at Cascra, occasioned by Royalist agents and a por tion of the inhabitants. These manifestations were followed by a serious counter manifestation. The whole Garibaldian army hastened to the spot to crush the movement. About 100 persons were -- arrested, - 4111:1 — '13GTVcca a ins icnoaat-c. Nuinbers of the inhabitants have taken flight. The city of Aversa has also risen in insuree tion against the Garibaldians, who, however, remained masters. The Cardinal Archbishop having arrived at Naples, manifestations against him took place before his palace. Some shouted " The Pope for - .ever," and " Garibaldi for ever." A riot then ensued. The mob besieged the palace, and attempted to set it on fire. The disorder lasted eighteen hours, and only terminated when the Archbishop appeared on the balcony holding the Italian tricolored flag. NAPLES, Dec. 7. A reactionary movement has taken place at Sora, but public order has been re-established. FRANCIS 11. VIENNA, Dec. 8. King Francis 11. has concluded a loan at Vienna. SIEGE OF GAETA. A despatch, received from the camp before Gaeta, dated the evening of the 6th instant, states that a trial had been made of the Cavalli battery against the fortress of Gaeta with terrible effect. PIEDMONTESE HEADQUARTERS, Nov. 28. Yesterday the Piedmontese steam-frigate landed a battery of 12-pounder howitzers. This battery , has been added to another of 22-pounders, and they have taken up a position on the Capucienes Hill, with a view to prevent any sallies which the besieged might be inclined to make. This operation was effected during the night under a heavy fire from the town. MESSINA. The Patrie also says the Sardinians will wait the fall of Gaeta before summoning the citadel of Messina to surrender ; to which, in case of refusal, they will lay siege. HUNGARY. The Vienna correspondent of the Times says that no real concessions are likely to be made to the Austro-German provinces so long as Count Rechberg is at the head of affairs. The same writer asserts that the state of things in Hungary is to all intents and purposes revolutionary. RUSSIA. A St. Petersburg letter says that the decree emancipating the Russian peasants has been signed by the Emperor Alexander, and that it is to be promulgated on the Ist of January. SPAIN. MADRID, Dec. 6. The Correspondencia Autografa gives a denial to the report of the organisation of thirteen bat talions of volunteers in Catalonia. The garrison of Tetuan will be replaced by troops from the Peninsula. THE CONCORDAT WITH AUSTRIA. The Pays announces that the Emperor of Austria is about to annul the Concordat with Rome. GERMANY. CASSEL, Dee. 8. The - Second Chamber has agreed by thirty.. seven against seven votes to the propositions of the committee appoinnted to examine the question of the constitution. The ordnance from the Elec tor decreeing the dissolution of the Diet was then immediately read, SYRIA. PARIS, Dec. 8: The Constitutionnel pretends that there is no foundation in the news the Maiquis de Lavalette has insisted, at Constantinople, upon the prolonga tion of the French. occupation of Syria. The Con stitutionnel also says, up to the present the con vention of the 4th September has not given rise to any divergence of opinions between the represen tatives of the foreign Powers at Constantinople. THE DISTURBANCES AT BOMBAY, PARIS, Dec. 8 The Patnie contains the following :—bisturb ances in the Bombay Presidency have necessitated the despatch of two regiments, which had arrived at Calcutta frciin BODEN SANSCRIT PROFESSORSIIII ) Am OXFORD. On Friday, when the poll closed, the numbers were—Mr. Williams, 833 ; Mr. Max Muller, 610. The senior proctor announced that Mr. Williams was duly elected. Her Majesty's yacht Victoria and Albert arrived at Portsmouth on Saturday from Madeira, whither she had conveyed the Empress of Austria. The Empress distributed £5OO to the crew on her arrival. The fdlioNting akiOdred tii dur lifter editions of gatnrday THE PRINCESS ALICE: The Past has good authority for announcing that the Princess Alice is betrothed to His Grand Ducal High rieSS Prince Lbnis of tiesse. THE ROAD MURDER. The Post says the police are already in a position to establish a prima facie case against a certain person. In a few weeks they hope t 6 have so matured their case as to be able to apply for judicial assistance. BRIGADE OF ROYAL IRISH ARTILLERY. Her Majesty has, been pleased to approve of the for matiew, of an additional brigade, to be designated the loth' Priitdde of 11.0,4 Ifish This tirigacle, which consists of four batterids of garrison is already complete, having been formed entirely from the ranks of the Tipperary Artillery Militia, recently disem bodied. The strength of the new brigade, which will ue under the 60111111auu o at, present, limited to 600 rank and file, including 22 officers. EVoll,T 01 4 SPECIE.. To NEW YORK. The number of fib v 8; withdravhi from the Bank of England yesterday fq shiprdent to Neil York by the Persia was fully. Ki,odo,.ift addition to ,the 70,000 on Thursday. - A further large amount Was withdrawn yestOtday from the. Liverpool .branch. It is, therefore, computed ,that ,the total ; ,sl:4pnients by the ,Persia tvilJ reach hbout £40,606. lii consequence of the.ni b aolii-, tude of the amount the rate of instifaiice l . Ch. on Thursday was 6s. Bd. per cent., has risen, .10s. having been paid yesterday in several instances. MR. DISRAELI ON CHURCH-RATES. Mr. Disraeli has 'bade a lehg speech on Church-sates at a meetin g of the clergy of the viral &after) , of Amarthath. to took for giailted that the questida . iiiVoli , ed that of 4 . Xatjoriai Chi said he slitank • tram realising w,hat would 11e .tl . le ,consequeuce to the country of 7i116 of Abe. coinextioi betveen Church and State, The Chtitch of Efiglaiid was a part of England. He attributed the active and progressive mQycment against Church-rates to the want of union and organisation among churchmen. The diminished majority in the Commons last session against Church rates he described as more than a happy casualty and as: the break of dawn. He advised the clergy to bring their influence to bear on members of Parliament. TIM AMERICAN CRJSIS AiNID. THE ENGLISH .49NP 4 Y MARKET. The Timbi to-day says the lAteii , froin N.e4.:tork represent the money panic to be virtually at an end. There was every prospect of a glut of gold such as has never previously been experienced. Recently it was gold that was in demand, but by the time our gold floats out, bills may possibly be the articles most sought. Under these circumstances many persons express sur prise at the shipments now being made by the merchants of London and Liverpool, especially as the experience of 1857 must be fresh in their minds. The news of that panic arrived in the middle of October, large sup plies of gold were immediately sent out, but within a month it began to flow back, until; hi the middle of December, we imported from. America, in one week alone, a total of More than £860,00d. The Tines says that if a Change in the conduct.ef the New York banks had not taken place, a number of sweeping failureS would inevitably have beon announced, which wptild have forced those institutions also to sus pend. All fear oil the subject, had now ceased, and the only contingencies apprehended as likely to create a revival of distrust, consisted in the possibility of very bad news coming from England, or of any fresh and unexpected display of violence in the south. The Herald says the impression is strongly entertained that the drain of gold will assume proportions larger than was anticipated, and that the shipments taking place will, over-supply the required demand. All the principal American houses forward bullion by to-day's steamer. The question .of loss exercises little weight, when it may be requisite to employ aid to secure the position of mercantile establishments ; but the Herald adds that the continued withdrawals of gold for America is rather telling Upon the general supply of accommo dation. CHSTER ASSIZES:-SATURDAY. ki:. ihsticb lilabkbuitj GENEALOGY OF EUGENIE. THE EMPRESS OF THE FRENCH. We are enabled to lay before our readers a brief sketch Of the genealogY of the Empress Eugenie, com piled from a superior and titipubli§hed genealogical tree, by Mr. J. Campbell Gracie, of Dunifries. The chart has been very carefully prepared from the most reliable sources ; and we think a compilation of it will; at the present moment, when every town and city in England is ready to pay homage to the Empress, be acceptable and interesting not only to the Scotch, but to our readers generally. As we have already stated,: traditiOn asserts that the ancestors of the Barons of Closeburn the Pregenitdrs of the Eniptess bf thb Frerich, pti§sessed lands in Nitlisdale and dalloway about the year 860. The first of the family, however, on authentic record, is Yvone Kirk patrick, who flourished during the reign of King David I. of Scotland. His 'Janie appears as witness to a grant by Robert Brus, Lord of Annandale, to the masters of Abbey Holm. This must have occurred in the 12th century, for Robert Brus died in 1141. In 1238 Yvone de Kirkpatrick, who had married the datighter of B4Obert Brus, obtained a confimation Charter of the estate at Closeburn. We then trace the family in a direct line from Yvone to Adam and Stephen Kirkpatrick, styled in the chartulary of Kelso, Btephanus Dominus, who had two sons—Roger, who succeeded to the family title and estates, and was made by Edward. of. England, Justitiaty of all Callowa y, with William troughton, and sent with Sir Neil Campbell, an ancestor of the Duke of Argyle, ,on an embassy to England in 1314 ; the second son was Duncan, who married Isabel, daughter and heiress of Sir DaVid Torthorwald, frequently mentioned in the blind .minitrere life of Wallace, to whom •he was a relative Mid a dhererit: vr-4.- - 1:1,11OVE Atoger, - yr= OreatOCl a baronet,,and afterwards murdered in his own castle by his friend, Sir James Lindsay, who was executed for the crime. At the decease of Sir Roger, his nephew Umfred succeeded to. the estates. He also had . two sons—Sir Thomas, who figures in the annals of his time, and Roger ' of Closeburn, who married the daughter of Thomas (first Lord Sornerville)-Margaret, by Whoni he had Alexander, Who redeited the barony of Kirk michael for tapitiring Janie% ninth Earl of Douglas, at the battle of Brans Wick in 1484. Alexander, being a younger son, did not succeed to the estates, and from him springs the family of. the Empress. We find the names of William Kirpatrick, of Kirkmichael, Alex ander, and William, who sold the estates to Sir John. Charteries ' of Amesfield," about 1g221 and Who 64 two sons, George of Knock, arid Robert of Glenkiln, who .by Henrietta Gillespie, of Craigshield, had four sons—Thomas of Lambfoot, Robert, John, and William Kirkpatrick of Conheath. The last married Mary Wilson, of Kelton, Kirkcudbrightshire, of whom he appears to have had nineteen children. The sixth son, William Kirkpatrick, born in 1764, became American consul at Malaga, and married Fanny, daughter of Baron Griesegnee, by whom he had three daughters± Charlotte, Harriet, and Mary. The Consiil died in 1857. Nis daughter Mary married the Count del Montijo, grandee of the first class of Spain, by whom she had Eugenie, the present Empress of the French. Harriett married the Count de Cabarras, and Charlotte, her cousin, Thomas, son of John of Ostend. Mary, the Empress's elder sister, married the Duke of Berwick and Alba. , • Jane Forbes, ninth daughter of William Kirkpatrick, of Conheath, died at Nitbbank in 1854. Her brother John became a merchant at Ostend, married Janet Stothard of Arkland, and had four sons and one daughter. One died at Havre in 1857, and the descend ants of the others are now residing in the neighbourhood of Brussels. Turning back td tfle old ste'cir, *e trace the family upwards iti a straight line to Sir Thomas, second baronet (of Nova Scotia), who flourished in the seven teenth century, and married Isabel, daughter of Sir William Lockhart, of Carstair. He had four sons and one daughter. One died in Calcutta. Another, Wil liam, married Jean, daughter of Charles Erskine, Lord Alva, Lord Justice of Scotland, and great grandson. of John, Earl of Mar. William's son Charles, adopted the name of Sharp% in adeordance with the will of Matthew Sharp, of Hoddam, who bequeathed to him the whole of his property. Sharpe married Eleonora, daughter of John Renston, of Lamerton, by whom he had ten children. Matthew was a general, and M.P. for Dum fries, and Alexander was made admiral in the royal navy. The third baronet was Sir Thomas ltirkputricic, who married Su s a n na, d a u g hter and co-heiress of John Grierson, Esq., children, the third b e ing Agnes Grierson , who married of Capernoch. He h ad a g reat ma ny Ewart of Mulloch, the representative of many of the old families of Galloway. J a mes Ewart, of Mulloch, his son, ma rr i e d Margaret Wells, and secondly Margaret Christie, of Baberton. His s on, John Ewart, was ministerp of th e parish of Troq ueer, and he had three sons and t wo daughters ; one was William Ewart, merchant in Liverpool, who mar ried Margaret Jacques, of whom he had two sons, J. C. Ewart, Esq., M . P . for the borough of Liverpool, and W. Ewart, M.P, for Dumfries. A second son of John Ewart was Joseph, British Ambassador in Berlin, who married the daughter of the Prime Minister of Prussia. Agnes married Mr. Porter, of Troquhain, and a nother daughter marri e d a Mr. Lee, of Manchester. The fifth baronet of the o l d stock, and descendant of the first Baron of Closeburn, Sir Thomas, married his cousin Jane, daughter of Charles Sharpe, of Iroddam, and bad four children; Leonora who married Edward W. Hope Johnstone, R.A. ; Vary Ann, who married Henry Lamsden, Esq. ; Margaret, who married J. Mac kenzie, Esq.; Charlotte, who married W. Henry Burn, Esq. The baronet according to the tree is Sir Charles Sharpe, of Kirkpatrick. Each of these families have branched out in various directions, and the members of the family are numerous over England, and in various quarters of the globe, where cornmexce, agriculture, or , science hold their sway. CHARGE OF MANSLAUGHTER AGAINST A WINE MERCHANT AT BIRICENHEAIi. Thomas Oatfield, the elder, surrendered to take his trial on a charge preferred against him for killing and slaying Patrick Whelan, at Birkenhead, on the 23rd of October last. Mr. Giffard, assisted by Mr. Horatio Lloyd, appeared for the prosecution, and Mr. Welsby, assisted by Mk. M'lntYre, were counsel for the prisoner. On the case being called upon, the Clerk of Arraigns inquired whether there , had been an inquisition held Upon the deceased; .2nd, if Sci, \Acre thd depositiOris were. Mr. Giffard said there and.a verdict retrirned, which, in reality, amonnted to =hag: The o:ironer did not, in such cases, forward a copy of the depcisitions. The Coroner's jury's verdict was then handed to his lordship,,who, en looking at it, Olisezved that it was very strange that coroners would not take the trouble of writing the inqUisitiOns iiPon parchment instead of paper, as was the fact in the present case, gr. Giffard replied that he believed the dotitte pursued by the coroner was that, when the verdict was what was ailed " finding," the inquisition was taken upon parchment, but when the verdict amounted, as in this case, to nothing, .it was written upon paper. The prisoner, is a distinct tone, pleaded not guilty. The circumstances of the case are fresh in the memory of our readers. The prisoner and the deceased were in partnership as wine and spirit merchants, at Birkenhead. On Thursday evening ; the 20th or September, in the course of a quafrel bet. Ween them in the vaiilts; relatite to some business ,affaid . ' the prigoriet stilick the deceased a blow `with his. hand dpoti the side of the head,- - -so slight; indeed; that the deceased did noL feel 4ny worse from it, but remained on the ptetniseS, assist , mg to attend to the wants Of his customers, up to about .eleven o'clock, some three-and-a-half hours after the 'occurrence. The deceased returned to his work next morning, and stayed until a late hour the same night. Ire again retufned dii the Satiirdayporning, but went home soon in the evening, as he cotnplained of some tobacco dust having got into his eye. On reaching home he complained of "a splitting headache," and on Sun day evening he had a fit. Dr. Downing was sent for, and on his arrival the deceased had another fit, and six others during the night. On Monday morning he was able to go out, but, as his wife said, had a very bad appearance, and continued in much the same state until Viccln9Sday, when his wife observed that he was begin ning td lo's6 his .nitmory, ,and.,eottld not remember anything that had occurred: On Thursdly eight he gradually grew worse, and on Saturday mdrrlitig, allout Pcl." The deceased was, it appeared, of intemperate habits, and for some two or tftree before the occurence of the quarrel, he was noticed to be highly exeiteable in his manners. A post-mortem examination of the body was held by Dr. Downing, assisted by , seberal other medical Men, Who fottncl several bruises upon the legs, atiel on the left side.of the skUlli about kito indhei above ihe ear, FiisCol - reied a spot-of Congested blodd, ahodt the sae Of, ,h,,ilf,a,:crevin. The Meinbraffei of the, brain were adhOed to iliV•hdne, exactly,dpposite this spot,. *high thef stated must have been, the rep* pf a bruise—a Mack cyo Might .hate caused the appearance they found,: The blow given by the prisoner +as alleged to have causesi this braise, and thus have accelerated his death s hAt Abe . ineilical °entlemen, on examining the skull closely, found sever a l red splits, with a pinkish rouge colou r , an d on removing some more of tad substance away, dis cp*eved that the vessels of the ventricles were in every highly congested state l and also that the deceased Must hate sidered from ofteithig of the brain. Dr. M'Dougal; one of the geiiilettieri TtreseK a the examination; gain it His *Asti that the ecehymosis:lie,had described might hee been . caused. by a very blow, as the skjill,w very ag,. thin; > ut they had found no external marks to make them lielieirc,p, blow had been struck upon the head. At the dofieM7 'sion of the case for the prosecution his lordship thought there was no evidence upon which the jury could con vict, whereupon a verdict of not guilty was given, by direction of the judge, and the prisoner was immediately discharged. MARGE OI MANSLAUGHTER AGAINST EVAN T - 40 - ArA5-•-Actili - iTtAL cIY TI#E pßiSoXtit: Evan Thdmas surrendered to his tail, to artSifef d charge Preferred, .aga i iiisk i . fer killing and slaying Francis Tiriilin, at Birkenhead,. on.ig . l9th of 06tober... .The court was crowded to eidess during the whole;of the trial, by a large number of the most respectable tradesmen of the city, and several gentlemen from Liverpool. Mr. H. Giffard. and Mr. Horatio Lloyd, appeared to prosecute, and Sergeant Parry, assisted by Mr. Welsby, Mr. J. B. Aspinall, and Mr. APlntyre, defended the prisoner. The prisoner was at the request 'of Sergeant Parry, favoured with a seat, and in al clear voice pleaded not guilty to the charge. Mr. Giffard, in. opening_ the ease, said the prisoner was indicted for the offence of marislatigliter offence, though general in its terms; as they knew, varied in its circumstances and in its degrees of Moral diflpa bility, more, perhaps than any other offenee Known to the law. By the complexion of the charge ; it would seem Chat the prisoner had caused the death of a. little 'boy about eight years of age by negligence. The Cir cumstances under which the charge was made were these :—The prisoner, it appeared, was what was popu larly called a bone-setter, having au extensive practice at Liverpool, though not in the ordinary way as a surgeon, not being duly qualified for that capacity, yet he prae ticed in setting fractured limbs ; and the indictment was that the prisoner exhibited, such a want of skill . and amount of negligence in, the present case as rendered him liable to criminal justice. This was the'ground of • the present proceedings. The deceased, a child of eight years of age, was taken to his place of business for . treatment, and the prisoner thinking it was suffering from a fractured hid treated it accordingly—there was, hOweVer, rio fractitre.-4n the cOnrso of Which, it was alleged, he exhibited such a gross want of skill arid reasonable amount of negligence that the result was the death of the child. Under these circumstances the charge was preferred. He might mention that though the prisoner was riot a regularly qualified practitioner, yet that faCt could not be used against him in the consideration of this case, because, whatever might be his line of life; he was perfectly jiistified by the law in pursuing such a course, provided he did not exhibit • such gross want of skill and judginent as to cause the death of a persod. The low could not either, therefore, be used against him nor in his favour;—the only thing he was responsible for, w hether he was qualified or not Vali-, fled, was whether he exhibited a Le asonable amount of care an d a tt en ti on i n the case he had undertaken. There was at one time that the fact . of a p erson not being a regu l ar l y trained practitioner rende red him More amenable to a aiarge of this description, but Rich was not the case now; the only question now was, whether the person; Whether a regularly trained practi tioner or not, did in the course of his praetide exhibit such a gross want of caution as to produce death by • his treatment. If so, then he was liable to an indictment for manslaughter. The learned judge, ' Mr' Justice Coleridge, had, Upon a ease where a surgeon w as charged with haVing used in. such a care leg§ manner, in hi s tr ea t t li e rit of a whrtlail iii labour? art instrument by which it was alleged he had caused the death of the woman, laid down points for the considera tion of the jury very plainly, which he would read to them. He said the question for their consideration was, whether he used the instrument in such a manner as to cause the death of ,the.,weintanTol,4hetherlie. exercised a proper amount of skill and eatitioii. In this instance a verdict was found against the man, and in seferal other cases verdicts had also been found against unqualified persons. The question, therefore, for them to consider would be whether the prisoner exhibited sufficient Eaten.: thin and care, or whether he exhibited a gross amount of eafelesstiess; and thus hy his ft:6o*ft accelerated the death- of' the child. -ilo and 68 laaiti(;4l- liiand i Mr. Lloyd, appeared there to-day to prosecute on behalf of the Crown, and had no desire to place before them anything but the mere facts of the case, and it would then be for them to say . whether it was possible to come to any other conclusion than that the prisoner had been guilty of the charge imputed to him. he defence which was going to be Made would be, per mf r a i s u t t a u k r e e cl h ; e h but a d t c b o e m u m i i t t t d u s i nt be e u haps," that the piisoli er * as nBl t esponS ibla fat th e m psphooswinngthtahtethdalitilm&iastalkege was not occasioned by gross inattention and want of care. He had thought it necessary to point out that question for them to consider, and he would now detail the circum stances of the case, It appeared that the deceased child was suffering from an abscess in the thigh. A medical gentleman was called in to look at it, and it would .pro bably be conceded on all hands that he adopted the pro per treatment. The mother of the unhappy child appeared to be unsatisfied, however, and thought thats ome thing more should be done,. and that the ordinary and careful treatment of the surgeon was not, sufficient. She appeared, therefore, to have persuaded h e t h t f s b an d t o take the bhild to the prisoner; The child had exhibited lameness, and prisoner was led to believe. froni the.state mefit of the 'Jason Whtt brotigbt the child; that it was suffering from a fractured limb. Pethaps it would be sufficient for him (Mr. Giffard) to say that persoriS frhO went there, for the purpose of receiving advice and assistance were entitled to expect that the person to whom they applied was able to treat a case properly, and went there on that account; and that the person to *hOin they applied was . expected to give his own rational opinion. The gitat question, therefore, for them to try would be, whether lie e±hibited proper care and skill in the exercise of that opinion. Although the treatment might have been proper had the child been suffering from a fractured limb, the question would be whether that mistake was made from a want of• proper skill, dr *liethet it. was a mj t st a ke which might ha made by any qnalifleci surgeon. The Prisdiiet, on hearing the statement of the father, sa id he must have „Jos, for setting the limb, ereupon the father stated that he had not 10s. upon him, but that he would give him 55., and pay the remainder' when he returned with the child on Monday, but the prisoner said he could not give credit. The father consequently went out; and meeting a friend who lent him the money, the child was taken back, and the ptisoner proceeded to set the limb. 'ln doing so, he handled the limb in such ft manner that a kind of crack, or something that seemed to be like the setting of a broken limb was heard. The limb was tied up in splints, and the child was con veyed back home to Birkenhead. During the next day the child suffered the most severest torture, and'a disease called pyremia set in, and the child died on the follo win g Tuesday morning. Upon the question of manslaughter there could not be lunch doubt, but be considered it necessary to describe the treatment by the prisoner and the result of it. The child, as he had mentioned, was suffering from an abscess of the thigh. Now, he thought, that the natural tendency of the condition of the body was such that, when there was a formation of purulent matter in a portion of the frame, there were some exceptions, but the tendency was towards the surface. Medical men were not exactly . agreed upon this point; but the supposition was, that the impure matter formed into a little bag, and gradually, as it went away, displaced the access, and then comes to a head. The skin became so tight that it soon afterwards broke, and the matter was let out; therefore, the first step to be taken was to get rid of this deleterious matter as much as possible. Dr. Lambert, who was the first man called in, treated the child with warm potions; but when the child was taken to the prisoner, instead of being treated so as to bring the matter to a head, the limb was tightened, and the effect was, that it prevented the purulent matter from coming to the surface, and the pain must therefore have been very acute. The pain increased, and there was danger felt for the life of the child, which it was alleged, upon this occasion, resulted in the disease of pywmia. This disease consisted of a taking up of the purulent matter into the circulation, and almost directly produced death. This was the treatment the child received at the hands of the prisoner : but he might mention that before it was taken to him no symptoms of the disease of pfmmia was visible, and soon after the treatment by him it set in. It was not possible to say exactly shat his treatment was the cause of that disease; no one could say so Without denienstration; bec;atise there Wrte a doubt in everything,' biit they' would he told that the re . sifit • Was likely to follow the ti-eati4rit l of t4e,prisoper and then it would lie for tlierii, exercising their own common sense, to say whether it was so or not. The only question 'that, then remained was, whether that treatment tag se grossly unskilful and deficient in proper care, as to acce lerate the death of the child ; and upon this question they would have medical men called before them. He might, before concluding, say, that while the child was being exhibited to the prisoner for the purpose of treat nient, that its ibg Was held up in such a way that any person acquainted with fractures could see that it had no.such,symptoms as,the prisoner thought. It was gene rally said that the moment there was a fracture the per son immediately lost all strength of the, limb ; but it would be shown to them that. before the child was taken to the prisoner, it had the .use of the leg. It had been suggested by some medical men that td - ptit the limb in splints was a proper proceeding; but if they observed what was done by the prisoner, —and if he (Mr. Giffard) was instructed rightly, the course he pursued was a Wrong one, because he did not allow the leg to remain quiet and let the hone 4 get settled in their proper place, but allowed it to dangle about. . , Patrick Timlin w as the n ca ll e d an d exam ined by Mr. Lloyd. He said : I live at Birkenhead, and am the father of the child Francis Timlin, who died upon the 9th of October last, aged eight years and eight months. I remember Tuesday, the 2nd of October. I observed the boy was a little lame. I examined him, but could net see anything the matter, He got more lame the next day, and the next still terse. On the Friday I sent for Jr. Lanibert. He came; and.daniined his leg, and, ordered 844 to, applied . ou the nentre of the thigh, stn ,d genie Wine and strews Meat to be given to hiM. foidthiw hig.direatiani ting the following day. The nett day, by the perstiasion Of his mother, I took him to the prisoner's establigiirrieUt in Liverpool. I saw Mr. Thomas. He examined the boy's leg, and told me that the boy's thigh bone was , broken; at the same time pointing with his two fingers to his knee: I stripped the leg, and afterwards asked what his f e e would Fe fdr setting the bone, and he replied 10s. When the prisoner looked at the leg, the, child was sitting upon my kne e an d lifted the thigh Jittifself: I told him I had not 10s. upon me, but I had 55., and ' he might take that, and when I fetched the boy again I would give him the remainder of the money. He told me he gave no trust, and could not set the leg unless he got paid: I then took the child into the cab that was waiting and While doing so a man named Gaitiq, v 7116 had foildWed iris from came up, and d told him vi7luif, f sidnied.., lie said, " Cenie :; . !ck, and I'll give you th e r e ma ltlat of fh'l in t onet.° . • I returned to tub prisoner's place, and, after paying him' the money, he proceeded to set the leg. He got a band age and put it round the knee, and then got some sort of plastor, sortie tow ; and some infeces of stick, and fastened them found the leg. He took hold of the lad's leg, and told Garrity tq td lie held Of. the Pp Pet part of his thigh. He sciseied the leg, its ftifttinif the tlandage on ? ,aftd the child gave , "an..unasnal squeal i ! ) , ansf aftefvfafds "tatter fainted, 7 ' whereupon a,rimars got& ilaltef , The '.4lsittir then eon,nu*ed: l pytting, on the' handles, plaster, tow,:and , The:leg *as baadaked u i pto the top of his thigh. ,When I left he gaV - e direhti,4t4o4e back again on Monday, , and to keep the bandages; datfit, by dyplying firtegahand,water, but not to4listurbthern.. When I shorted hirti the elnildVeg4 observed it.was slightly swelled. It was not flinch inflamed that .cotild notice. On the Sunday the boy appeared to lie •ferY bad., He was in great pain, which increased on Monday, and manned to get worse from the time the bandages were put oft until he died In consequence of his being worse On Monday; I sent for Dr. Lambert, but went to Evan Thonias first. I sat the prisoner's son, who offered to OeSetibe for fife tq. I dud salt the prisoner, but he told me nothing was to d6'. Mr. Thornas's son was present On the Bas3:rday .evening' When I was there, but ;he did not talie' 01/ 144 . whateter in the affair. He gave nie prestripti4 Monday. When Dr. Lambert came on the ItiondaV, I'4 ; took the bandages off, and after doing so, the child lifted his leg up to him, and seemed to get ease. He ordered him wine, but he could not take anything at the time. I was present when the child died. tlfeso-eiamitied by Sergeant, Parr --I have lost a Child since the (Math of Francis . I • hare had seven children, and fink have. : all died when young. Previous to noticing the child, to he lirriebe' Met With a slight accident.: bis little, brother, a child between ,tirle and thtee ;rearsOf age, had itniqk .him upon the knee with the handle 6 - 7 a life, I could not,pereefie the child to be delirious on the Thdreday pr •Friday fight. I did not take any particular notice. I liVe in Bryon place; Birkenhead. I occupied, at the time of the decease of the child, a single room, in which my wife, two children, and myself, lived. The longest any of my children who are dead lived was three years and three months. it was about seven o'clock at night when I crossed the river with the child, on my road to Evan Thomas 'on the Saturday. I took the child to the - : - Woodside Ferry in the street railway 'bus ; and after I got to Liverpool; 1 employed a cab to convey us t 9 the pris'oner's establishment. I. got him back about dine o'clock, after being away about two took hours. I did not sidniipon the y at.all—merely the child straight there and back. ''hen lir. Lambert called upon the Saturday he promised to visit th 6 child again in the Course of two or three days. He did riot come en. Monday until he was sent for. When at the prisoner's place on Saturday I saw Mr. Hugh Thomas passing in and raft, of the house. I don't remember speaking to him or in his *manes I did see the knee of the child when Dr. Lambert , teak the bandage off. The swellinc , was about the same. Thomas Garrity was .next called, and examined iIY Mr. Giffard. He said—l live at Birkenhead, and accompanied Timlin on the day the child was taken to Mr, Thomas's, We sat down, and the prisoner began to *Pare the bandage for the child's leg. The trowsers of the child were loosed down, and the thigh exposed to view. I did not notice any swelling upon the thigh. Thomas got the child's leg between his legs, and his hand upon its thigh. He told me to put my hand upon the top of his thigh, and I did so. He squeezed it gradually, and I fancied I heard a crack. I could not say what part at the leg it appeared to come from. He got some splints and rid therm on the leg. Cross-examined by Mr: '*elsby'—l helped to carry the child home. I believed he emild not walk:. The time occupied by the operation would be a little above five mintitcs.. Ann Timlin Was next called, and examined by Mr. Lloyd—l am the wife of Patrick Timlin, and mother of the deceased child Francis. On Tftesday, the 2nd Oet, I first observed 'that the child was lame. an Wednesday he was " lamer." On Thursday he complained to ind 6f the lameness. I. sent for Dr. Lambert on the Friday afternoon. He came and ordered poultices ' and wine to, be given. I followed his directions. On Saturday the boy did not appear Much worse, but complained of lame ness.' He was Up and walked ahant on the Wednesday, Thiirsday, and Friday. lie also walked about a little on the Saturday. When his father took him over to Mr. Thomas at Liverpool, I dressed and lapped him well When he came back that night he appeared much worse—he was very flinch weaker. During the night he complained of the knee' and where Ire was bandaged down at the bottom of his atorftatli: Id e wished to pull it off, as it was painful to laiitt He never slept at all that night, but kept screaming every ten minutes. During the following day he got worse, appeared in great pain and almost insensible, and could riot take any food; On Sunday he was much the same, but on Monday be got weaker, when I went for Dr. Lambert, and he Caine in the evening. He was coming as I was going into his hon Se. When he Cam e h e too ' off the bandages, and ordered him td hate some uottrish ment ; but he could not take any. The followinguotn: fug; at half-past five o'clock, he died. Cross-estanlided by Sergeant Parry—l went for Dr. Lambert, but have found ont, since the inquiry before the magistrate, that I went to the wrong ionr, I saw an old woman at the house I went to, and in answer to i a question from me she said the doctor was not n. I then came away and' left no message. The house I went to is not a doctor's residence, and I cannot account for the siontan saying that the doctor was not in. I went to the right house ht the evening, and found the doctor just corning to see the child. The child was not up the whole day on Wednesday, Thitesday, or Friday. He did not complain of a singing in his ears on Friday, bu . t did complain of, his head be in g rather light, and a pa in in his head and ear. , Sergeant Parry—bid you not say before the magis 'trates in his ears Mr. Giffard objected to the question. The Judge thought that it did not matter much, and overruled the question. James Lambert was then called and examined by Mr. Giffard.—l am a member of the College of Surgeons, and,-Union medical officer f or the north district of Bir kenhead. That Is the district in which Mr. Timlin lives. In conserprence ofa c o mmunication received from the relieving-officer, I visited the d i reis a e ni d in F e r t e . i e Francis Tinilin; on the sth of October last: right .thigh of the. child,and foind that there was a sw elling in the middle and outer portiondi of it. I looked at the lungs, felt the pulse,„l d , an then conclude to fend at the r e was an abscess formin. rected . them the child well, and promised to call againfew days The sth of October was a Friday, and my intention was' to see him on the Monday. I went on Monday, and found the child evidently sinking, and examined the thigh, which I found bandaged with splints. I inquired what the meaning of it was, and was informed. I re moved. the bandages, and gave the child some wine, and ordered him to be g iven as much as h e could take. The condition of the swelling I had previously treated Was more suffused. Supposing there was an abcess forming it would greatly increaseabsothretiopnain,f and be very liable to promote th matter, and cause it to go inaenotheertptdhe fatherirectioon,d h putting bandages upon the leg. I met. I on ; h. aa te he l . e e d at Tuesday morning as I was going to his house informed me that the child was dead. a on ookt body of th e c hild the same morning, an follow ing Thursday assisted in a post he No in rton examation. The witness then described what found at the post mortein examination. The lungs were congested, and there was also a slight congestion of the brain; there which corresponded was also a l arge a b scess o n the thigh with the swelling I had seen during life. In my judg ment the cau se o f d ea th wa s pyfflrnia. The bandages I foUnd upon the child's leg were calculated to produce the condition of body I found. From my knowledge of the case during life, and what I fter death my opinion is that the pyminia was caused by the absorption saw a , of matter into the blood. I believe the bandages caused that absorption of matter into the blood. I took out the right thigh bone, and there was no fracture on any part of it. In the case o f th ere being a fracture of of the thigh bone, the pow er o f mot i on does not remain with person whose thigh is broken; at least if it does, it would be very slight. When I saw the child on the Monday it moved the thigh up and down. Had there been a fracture of the thigh bone, it would not have been in the place where I saw the swelling, but at the knee. Cross-examined by Sergeant Parry I wasn't ot aw are that the , child until I was coming out o f th e door, o r I would Thomas had been to Evan not have gone, because I make a habit of never attend ing ,a patient where another practitioner has been called in. I would, being parish doctor, have gone if t he c hild was dying. When I t oo k the bandages off the knee I knew the child had been to Evan Thomas. I know Evan Thomas is a popular bone setter, but not a qualified practitioner—at least, I have never seen his name upon the list. When I made the po . Bt mortem examination I did not give Evan Thomas notice of my intention to do so. Four other medical gentlemen were present at the examination. Mr. Evans was one, and the other gentlemen attended at his request. I have power to recommend the parish authorities to supply THE DAILY TIMES, MONDAY, DECEMBER 10, 1860 wine to parties who are not able to purchase it, but as Timlin is not a poor man I did not do so in his case. The parish patients get more attendance and visits than Ouse do Who pay for' the s erv i c es of a doctor. I don't think it ,ifould have been better for me to have galled to see the child iiptiq the Sattirday er Sunday. would not;r:ie done,so, if the:Patient trod Peet paying for my services.. I haie not piiblished anything, er been d party to' th 7 pUblication of i any, . comments on this case in the LanCer nevrspaper. I have been in practice at Birkenhead for three years. I haVe not been in practice before, but was two years on boarda transport ship in the Crimea. I was seven years a medical assistant, but only as a practitioner for five years. I have met with cases of pysemia before. The neighbour heed in which Timlin lives is one of the best street in 13irkeriheaci kit the residence,. of the poor. I attended Timlin's child, who died after the decease of F r ancis Timlin. It died , after seven days' . ilfn'ess; from in flammation, of the lungs. I was not awate his outer children had, died young. Pymmia consists of poisonous rtiatter;,whiCh is injurious to, the, constitution, b u t th e absorption of ;,-ood matter is net, injurious. I n th e abscess there was a great deal of matter. It was ,a diffused abscess. The matter had gfit'her6d round the thigh bone, not round the knee bone. 1. don't know that a blow caused the abscess. It might liate been formed before that blow was received. n oyy matter does not form before a person becomes dolisCiotts of it ; because immediately it begins there are symptom's, of palm I could not say whether it would be nicheaithy, rnattet that formed first, because I did not see it. I will not Asterar that it is impossible that the matter could have hben' forming for upwards of a fortnight. In my opinion, the matter I saw when I made the post mortem examination Was Unhealthy matter, The matter would go on forming and totining, Until, it eame to a bead, which I expected would haie been the ease Monday morning with the deceaSed. There is a disease Called phlebitis ; which means iniiammition, of .thp vetas, and a sePiethties the cause' of Pt* , rnia. examined the veins .of .this bay, from the right leg to the h'eatj,and on the front of the leg. The abcess was in the middle 8f the thigh ; and While the matter was forming it would be extrernelY painful to the child ; in fact it might have been agonising ; but I have seen cases where there has scarcely been any nain. Supposing there had been no bandages applied, I do'if think the, child would have died, either on the Tuesday off: Wednesday. The child might have died in a week ; brit T,,cion:t think premia would have set in at all if . the had. not been applied by . means of the bandage - El; arid, if it he'd had pymmia it would not have died for softie time ft' ft . had received proper treatment. Cold will not produce pyromia directly, but may indirectly, by causing phle bias: If the child was exposed to the cold, in crossing the tiVer to ilverpeol ; it might have been injurious ; Iri .4 iiV.;!o„9' Well la i ppedyp i I don't think it would. I never knew a case , o pyrnna being fatal in two or three days. The adhesions .L 10110 the pleutis had been formed in thirty hours. Since ta,Cise was tried hefOire• the magistrates, I have been reading plat a ,case th'ai occurred in two or three days, which I had foititieni and also upon the opinion expressed by the medical risen who were called on Mr. Thomas's behalf. The unhealthy &atter showed an unhealthy state of the constitution. blb 1 the handle of a knife could not have caused the rebseest. . Serge* 1 1 .i.rif--Siippbtin i g ti party were to cut his dd dipped it into the in your opinion would it have wen iriiiiirionS Witnesa- 7 -Well,' it wetd,dhOlid!Vety &deli u , potr the constitution of the person &fog SOpant parry—Supposing there had d'Otibt about fh fictaure, do xpu, think it Would' haVe proper to put ban'aelOs on the leg to steady in crossing the water ? Witness—No ; I think it would hoe been' improper treatment. I would have steadied it by aIQ splint. Sergeant Parry—Where inflammation has set , in tiP6ti a limb, is it not difficult to tell whether there was a fracture or not ? Ifitriese-4t would depend upon the swelling. If it were great Weald be difficult to ascertain, but if the cohtrary it Would not: Sergeant' Parry--Tfave' yotv known a doubt where Parry,- g ave ' there was a fracture ? Witness—Oh, yes ; whete thetif had been a r atrident, and the swellinc , was very great. , Re-examined by Mr. Giffard—There is lia•• irides of phlebitis in any of the veins I examined. The &PO don of pus in the ventricle of the heart might hafd originated there, but I don't think it did. When I saw the child an the Friday, it did not present any of the symptppis of pisemia. If it had the bandages would have had the effect of accelerating the death. Seigeant Polity—Did you sound the chest of the child onyziday ?" .Witness—Wo; , I did kid theta Was any reason. I saw the prescription given by toting Mr. Thomas. It con tained quinine, which I think vial proper to give as a tonic, Matthew Sennett was next called. Serjeant Parry took objection to the witness, nets much as the magistrates at the conclusion of the inquiry, directed that if there was any fresh evidence to be p whirch. o diked, notice should be given to Mr. Thom as, had not been done. The Judge---I don't think it can be sustained as a legal question. The jury can consider the matter for what it is worth. Tile examination of the witness was then proceeded with. said he had been in practice as a surgeon between thirty-one and thirtyHtwo years.--Assuraing the descriptions giten of the thigh, of the leg ; and of the post mortem examination, / think the child had pyZnirc- Sergeant Py—W are of nion. Mr. Giffard arr —Whate all that do you think opi produced this ppamia ? 'Witness—The treatment of the bandages might have produced its, By Sergeant Tarry :t I did not offer to give evidence this morning, but was asked. I. am aware that other gentlemen have formed different opinions to me. Charles Howard Baileys was next called and examined by Mr. Lloyd : Was a member of the College of. &a geons and had been in practice about t went y -three years, Had heard the evidence of the last two wit ness6sy and agreed with the general opinion as ex pressed by then/. . 1 / 2 ..8y• Sergeant Parry := Had not communicated anything to the Lane et on this case. It • was then stated that there were two other wit nesses who were examined before the magistrates, but ' the counsel for the prosecution did not intend calling akin Sergeant Parry then rose to address the jury on behalf of th e prisoner. He begun by commenting upon the position of the prisoner, which Thomas was a very melan choly and unhappy one. Mr. was now in the decline of life, at that period , of existence when the shadows Were' lengthening every day more and more, and he must Say that it Was a most melancholy and un happy c i rcums tance for hini that he should be a rrai g ned before twelve of his fellow-Men upon' a charge of felony, and it seemed to him upon a charge of felony not founded upon any mat ter-of-fact evidence, but simply based upon scientific opinion. The learned counsel then proceeded to criticise the conduct of Dr. Lambert, who, he said, was in all probability the promoter of the present enquiry. lie might he actuated by the highest sense o f duty, and simply to discharge his duty as a Te.mber of an honourable profession ; but be did not think he was far wrong When he said that if Mr. Evan Inumus had had the th goodmedica fortunel genttoemen have would never been a duly qualified s urgeon,. e l have appeared agairrst him to-day; but, as he was only what was called a bone-setter, without having a certifi cate from any apo thecaries' association , it was mainl y for that re aso n. However g ood their motives, he d id not at all for one moment mean to blame the magistrates or caroller's jury in sending this matter for trial, yet he did Ilink it would never ha v e been p romoted against Mr. Thomas had he been a duly - q ualified p ractitioner, instead ole being o nly known as a bone - setter , and carr y in g on a large and extensive practice in that. profession. He had a Perfect right to make this observation, yet he did not ask them to acquit the prisoner upon that ground, but because Dr. Lambert's manner in the witness box had eoftrinee'd him that there was a strong feeling mixed up with the Case, and unless such was the fact Dr. Lambert would never have originated the inquiry. His friend Mr. Giffard might tell them that Dr. Lambert was actuated by the purest and highest motives in the matter, but he asked them to consider Mr. Giffard's remark s and say whether he was entirely wanting in justification in reference to the observations he had made Upon the inquiry. Then, let them come to the inquiry itself, and the mode it had been conducted that day. Why, be fancied that if a stranger to their manners and laws had entered that court, for the first time in an English court of justice, and had been informed that a man was upon his trial for his liberty, merely because medical men held a contrary opinion to him, he would have been astonished, highly astonished, that the liberty of any man could be at stake under such circum stances. But such it was : the whole matter resolved itself into a question of medical opinion ; and he would ask them—not to insult them—if their pursuits and education made them the fittest penuus to try such a case. He felt certain, though he was sorry to say it, that if they could act upon their own feelings in the matter, that they would rather not sit in this case against Mr. Thomas; and, as it was a matter of medical opinion from the beginning, a person might well, and undoubtedly, would, be astonished to hear that a man was being tried for his liberty on such conflicting testi mony. But here Mr. Thomas was, and here his lordship was to try the case; but he felt justified in saying that, had not the law provided the case should be tried, he would have dismissed it before it became his duty to make a speech in defence of the prisoner. Now, what was the case they were trying ? and what, in point of law, was the question they had to try. Subject to any corrections his lordship might be pleased to make of what he was about to say (anil lie apprehended they would pay implicit obedience to what corrections his lordship might make), but, he said, subject to that, that the question for them to try was not whether Mr. Thomas was right or wrong in what he did, not whether he had made a blunder, not whether he had done something a more skilful man would not have done, not whether he had done what a duly qualified practitioner would have `done ; but whether he had b een g uilt y of that gross negligence which implied a criminal disregard of human life. His Lordship . said he should read Lord Lyndhurst's remarks to the jury upon a case of this description. Sergeant Parry thanked his lordship. He then pro ceeded to observe that the question for their considera tion was, had Mr. Thomas been guilty of that gross and culpable negligence—not that which would render him liable to an action for damages—but had he been guilty of that criminal negligence which they would say ha deserved punishment for—not whether he deserved to be deprived of a portion of his property, but whether it was such as to justify them in depriving him of his liberty. The matter, then, which they had to try, was criminal negligence, a disregard for human life, not a mere mistake which the wisest and best of men were liable to make, but gross culpable negligence, or gross culpable ignorance. Now, while they had the facts of the case before them; it was impossible for him, by any mode of cross-examination,—and he believed it would be impossible for any person—to break down a medical man in the assertion of his opinion. Dr. Lambert had given his opinion as to the cause of death, and conduct of Mr. Thomas ; and if they were to take his opinion, and were now going to act upon it, and he was not even to place any evidence before them, he appealed to them to say whether it would be sufficient to satisfy their minds, and justify them in sending one of their fellow Christians to a gaol upon the mere ground of med i c a l opinion. He admitted that the men had given their opinion in a clear and emphatic manner, and supposing they were placing confidence in their opinion ; then they would have to eonsider the evidence he intended t 9 lay before them, which would be the egression of an entirely different opinion. The.learned - cotuisel then proceeded' to o,Ontend . . • that the two witneskS'Who'had not been'called in behalf 'of the prosecution Ifere deliberately kept back by Mr:- Giffard, because, since giving their ddidence. before the magistrates, they had f orme d n different Ojainidh to' the one they gave upon that occasion. Mr. Giffard said the initials of the grand jury - Were called, d, fixed wbie t b o i t m h o p s l e i e d w t i b tn a e t ss's e x h a a m d in n e o d t they had names not wh been examined beide those gentlemen. Sergeant Parri.-- - Witat difference d oes th a t ma ke ? What have I to ofo With trio Initials of the grand jury? Weida it be an ornament to their nam es , so that they might say, when they got back to Birkenhead that they had (ken eleiated, because the initials of the . grand jury were attached td theit naines - ?‘ But,- gentlemen; why were they not called? 174, b'ecatti § e they differed with Dr. Lambert, or because they were frightened When they saw I had the Lancet in my hand, and I might accuse them of having published an article in that paper. The learned sergeant afterwards proceeded to remark that pymmia, which was the result of poison ing of the totd,%atose from cold only in persons who were in a feeble state o, tbdy.. The child was of poor parents—one of a latrilly of si* or seven,. who had all died in infancy. It told a painful 'EA; bait it was a substantial proof that the children held' all tem' into the world .with diseased and debilitated constitntions;; and the lathe/ being a poor , man, he might not hate had the means that rich pbeple had to get the nourish ment and skill which was necessary to make the chil dren live. The constitution was et); bad that the unhealthy matter. had formed and spread over the child's body,. and told that it never would have a vigorous con'- . 1 stitation. He thought when they heard that the child was in pain',on the Tne'sday, that on Wednesday it was greater, end on' Tlintsclay and Friday still worse, they must arrive al the Conclusion that . somethin€ , else was the cause of death besides the' application of bandages. He would call bef o re th em several Medital men, who would tell them that the child could net have lived long, and that the bandages had nothing whale - ter to' de with the death of the child. How then were they to' decide ?- - medical testimony on the one side, and medical testinionV in direct antagonism on the other side ; so that it became d case of difference of opinion, and no ' man Ceuld' ever . lie deptited of his liberty under such circutniterias. He the dorrtinned ten remark upon the of privilege of &Unser to' Alin up' medical evidence, which, he said, the wisdont the l'egislature had not yet allowed a defending counsellor' t 6 do;; afi'd eon eluded by submitting that the evidence 100 - tight against the prisoner failed to show that he had been guilty of . enunnal negligence, and it would be their duty, there lore; to' send him home to his family at Liverpool, ' ihnead of to the, county gaol of Chester. A burst of . applaa'lallOWed en Sergeant Parry resuming his seat, which Wai iminbdtately elrecked by the officers of the court. Hugh Thomas was then Caffect , anil examined Tarr Mr. Welsby. He said : lam a member' of flit Royal` Col lege of Surgeons, and son of the prisoner at ite bat. I am in practice with my father. I remember the aces , sion erf Mr. Timlin bringing the child to my father's eStablishrnent ; in Liverpool. It was soon after eight in the ederiingi. it is a rule of my father's that he goes atiaf at eight o'cfock, and that all cases after that time belong' to me. I` ntadp' examination of the child. I found the thigh sWelledi atfct slightly inflamed. From the examination I inticlei thought the injury had taken place at the junction Of the toter part of the thigh bone. I could not with Certainty have ascertained whether there was a fraettite at the thigh. Having looked at the case, I consulted with in/ fathet tipn it. I saw him apply the dresses and band ages. 'they consisted of tow applied to the skin, then a few t'u'rns of the bandage, then light splints, then another tah` Of the bandage, then light splints, then the bandages turned round just fight enough to retain the dressing. I was riot attniting partitularly to what my father was doing, bUt so fat' at I &Ad observe I did not see him do anything like the settlag of' a bone. What I mean by particular attention is that I'ivas not assistitro'. afterWaidi gave a prescription for the ehild. I did not see it on Monday, but gave it upon the representations of the parents. I offered to go and see the child, but he said he did not consider it necessary on Monday, but he said he would' come and see me on Tuesday. I took his address down for tettfhe would not come. Cross-examined by Mr. Giffard—When I say I Con sulted my father upon the case, I mean that I told him I thought there was an injury to the bone, and the nature of the accident the child had received, add We agreed that it was perhaps only an injury to the atkiptysiS. Thete' was nothing said between us about setting the tone. Of course I agreed to the dressings my father had applied, but I did not exactly tell him what to' do. fit the then state. of my knowledge of the condition , of the thigh bone, I think it was proper to apply the bandages, and to use as much amount of extension as th e case would allow. I did not see my father take the legs of the child between his legs, nor tell Garrity to hold the kg, bat I saw a person assisting my father to put :the bandages on. Begetamined by Mr. Welsby—There were not many patients hr at the tinte,—perhaps three or four at the least. My father - lias been somewhere above thirty years in practice on an extensive scale as a bonesetter. John O'Donnell, a member of. the Royal College of Surgeons, and in practice at Liverpool, was then called, and examined by Mr. Aspinall ; but his evidence was a corroboration of the last witness,—that the death of the child was not accelerated at all by the application of the bandages by the prisoner, but had been known to do the patient good. Mr. Giffard—Have you ever seen a book to that effect? Witness—l don't remember one at present. Sergeant Parry—Do you know a work by L'Atalon; a French surgeon, translated by Mr. Atley, an English surgeon ? Witness—Yes ; I have seen it. Sergeant Parry—lt is here, then, and with your lord ship's permission I may be allowed to read a paragraph in it upon that point. The learned counsel then read the paragraph, which was headed " Abscess of the leg," and stated that uniform compression was good for that disease, and when it succeeded it dill so admirably ; but it must be done by an experienced person, and at the beginning of the abscess. John William Roberts, a physician in practice at Manchester, a member of the Royal College of Sur geons, formerly president of the Medical Society of Wales, and brother-in-law of the prisoner, was then called and examined : He had heard the evidence, and thought the treatment of Mr. Thomas had nothing to do with the.death of the child. The shortest fatal case of pymmia he had ever had in his own experience, was four days, but never heard of a - case being fatal from Saturday to Tuesday. Thought that pyaimia must have existed in the child before it was taken to the prisoner. Agreed with Dr. Robert Bentley that pymmia was caused by phlebites. Had heard of a French king being saved by Ambrose Parry, by the use of splints to an abscess which had formed in his system. John Cooper, a member of the Royal College of Surgeons, who had been in practice for 48 years, and had a great deal of experience during a service of a quarter of a century at the Liverpool Infirmary, was then called, and said he agreed with the testimony of the last witnesses, that death was not acclerated by the treatment of the prisoner. Robert Banner, a Fellow of the College of Surgeons, and consulting surgeon at the Liverpool Northern Hospital ; Robert Thomas Lodge, a physician and member of the College of Surgeons ; and James Peel Harris, a Fellow of the College of Surgeons; JoSeph John Pope, a member of the College of Surgeons, and a licentiate of the Apothecaries' Society, were called, and corroborated the evidence of the previous witnesses. Thomas Dickson, banker, Chester, and Mr. Frost, ex mayor of Chester, were severally called, and gave the prisoner an excellent character, as a kind, moderate, and humaneiman, and in whose abilities they had much confidence. Mr. Giffard then replied upon the whole case, after which His Lordship summed up the evidence. After read ing to the jury Lord Lyndhurst's remarks win a similar case, he said the two questions for them to consider.was whether the cause of death was accelerated by the treatment of the prisoner, and, secondly, supposing they thought the treatment was the means of accelerating his death, whether they thought he had been so negligent and culpable in his treatment as to render himself liable to criminal punishment. The jury consulted about five minutes, after which the foreman said they had agreed upon a verdict of "Not Guilty." Loud cheers and clapping of hands followed this announcement, which, in spite of .the endeavours of the officers in attendance, was continued enthusiastically for about a minute and a-half. The prisoner—who had throughout the trial, which lasted nearly seven hours, sat in one position during the whole of the time, with his eyes fixed steadfastly upon the ground, and seeming to be indifferent to the proceedings that, were going on, yet from his appearance he evidently felt his position most acutely—now turned quickly round and shook hands with several of his friends. Sergeant Parry called the attention of the judge to a small bill which had, during the day, been circulated throughout the city. headed " A full account of the trial and sentence of Evan Thomas," remarking that the person who had caused it to be printed had been guilty of contempt of court. His Lordship replied that his attention had already been directed to the matter, but he thought it beneath the dignity of the court to notice it. The court rose at seven o'clock, p.m. A NEW ROMAN CATHOLIC CHURCH IN BIRKENHEAD. —On Saturday the foundation stone of a new Roman Catholic chapel, to be called the Church of the Immacu late Conception of the Blessed Virgin Mary, was solemnly blessed and laid on a small piece of ground in Price-street, at the south end of Birkenhead. The Right Rev. Dr. Brown, of Shrewsbury, officiated on the occa sion and performed the ceremony, which was witnessed by a considerable number of members of the above community in Birkenhead. The weather was ver y unpropitious. Mass having been celebrated, and the other ordinances of the Roman Catholic Church having been gone through, a procession was formed, —com prising• the bishop and three or four priests,—which having arrived at the spot where the foundation was to be deposited, the ceremony was commenced. The bishop and the clergy were protected from the inclemency of the weather by a temporary awning. Prayers having been offered up, and the usual rites performed, the right reverend prelate addressed a few observations to the audience. He said that they had just performed a most solemn and important duty. They had chosen that lay for a sacred purpose. They . had met to assist in erecting a work on tha t occasion which generations and geer ations yet to come, would he deeply interested in. It was a work which would be a means of grace to many, a blessing to themselves, and the means possibly of converting not a few, when they themselves had passed away. He then called upon them and entreated them, specially those that were interested in that object of the work , t o j oin with him in thanking that merciful God, who had brought them all together by offering up to H im their Tratqude and homage. At this point ho would, then, to a certain extent, leave the work in their hands , and in the name of the Holy Trinity, so that the work they had begun might be sanctified, and in Christ he hoped and trusted that what they had begun would be, in due time, also accomplished. He would, therefore, comm end it to their love, commend it to their support, and c ommend it to their prayers. It was the work of God, .and therefore entitled to their sympathy and suppor t ; i t was also their Father's house. In ,this spirit he left it for them to carry to a final close the holy work . that they had that day inaugurated. H e c oncluded his discourse with a fervent hope that the work which they had . then commenced and dedicated to t h e service of the Deity would redound to the greater glory and honour of the Lord of all. The collections were then made, after which the congregation separated. AMERICA. ARRIVAL OF THE CANADA. • The r.m.s. Canada, from Boston 28th, and Halifax 30th nit., arrived in the Mersey last evening; bringing 61 passengers. The Arabia had arrived out. The secession movement in the South . is the same as previously reported. In Baltimore, yesterday ; the secession spirit was rebuked in a significant manner. A Palmetto flag was displayed by an association calling themselves the Southern Volunteers, and it provoked only groans and hisses from a large crowd which collected around it ; and the cap tain of a vessel in the harbour who displayed the same_ flag at the mast head was immediately rebuked by an opposing display from all the other vessels in port. Diplomatic relations between the United States and Peru are entirely suspended, and the matter in dispute goes before Congress for jurisdiction. Her Majesty' s war st ea mers Icarus and Hydra had arrived at Port Royal, Jamaica, with crews. Two slavers have been captured, and taken to Port Royal. BuFFALO, Nov. 26. The storm of Satur day and Sunday was the most severe r that has occurred here for many yea rs . buildings in the city was nothle_the damage to demo lition of the casting house of Palmer & Wads worth; which was in course of erection, being the principal ease, . The marine losses, as far as heard from, are very numerous. BLONDIN IS COMM.—The immortal Blondin, whose wonderful feats in America in crossig cataracts and spanning frightful chasms on almost " airy nothings,' have won for him a remarkable reputation, is about to visit London in April next, Where no doubt he will astonish all the folks within the sound of Bow Bells, and a good many outside of it. Although he will find no Niagara to walk over in the British metropolis, a journey on the tightrope, say from the top of St. Paul's to the Monument, would not be a bad feat. That Blondin could accomplish it, who doubts, after what he has done at Niagara and Jones' Wood ? York Herald. COMMERCIAL. New lork,.Nov. 26.—The Stock Markets were lower yesterday, b 7 3to & per cent. Advanced prices yesterday, in the Railway Shares, New York Central, closing, 74 H. Money Market, steady. Exchange leld firm, but still low and irregular; 102 to 105 on London. The Bank returns show specie average at $187,059, without the California arrivals of yesterday morning. The . loans now actually stand $127,114, or $4,656 above the average of last week. The Flour Mar ket was without change of moment from yester day's prices. The sales look up, about 14,000 barrels. Wheat was more active, with purchases on speculation. Corn in fair demand, and sales embraced about 50,000 bushels. Oats in good demand, and firmer. Cotton unchanged ; sales, 2,000 to 3,000 bales. Sugar steady. Coffee dull and nominal. Provisions dull and heavy, and closed with more firmness. Freight : Corn in bull ; to . Liverpool, 124. COTTON. (ROM Ir. F. Wright 4 Co.'s Circular.) NEW YORK, Nov. 27. The financial panic in this city has subsided, thanks to the prompt action of our banks. The exchanges of the country are still disorganised, and must remain so for some weeks. Foreign exchanges are more saleable, but at very low rates ; these will gradually improve, and in a month or less we look for an advance that will make imports of specie from Europe no longer profitable. Cotton maintains its value in a remarkable manner under the circumstances, and upon its own merits is considered in a strong and safe position. The decline in price does not fully make up for the loss in exchange. This market is rather more steady at a decline of -sc. per lb. on the quotations of last week. Spinners finding it difficult to buy in the South as usual, are compelled to take their requirements from this market. Some purchases have also been made for export to Liverpool, France, and the Continent ; arrangements have been made to forward some considerable parcels under ad vance. Holders are firm, in view of our moderate stock, and the improbability of any early accession. The sales for the week have been 5,500 bales. The clearances for same time have been—to Liverpool, 3,008 bales; Bremen, 520; Hamburgh, 202; .Antwerp, 185. Total, 3,915 bales. Sew Orleans, :Nov. 24.—Receipts for the week, 67,000 bales (net) ; same week last year, 70,500. Sales for the week, 43,000. Middling, 1011 c per lb. Exports for the week :'—To Great Britain, 27,000 bales ; to France, 10,000. Stock on hand, 313,000 bales. Ex change on London, par, at 1 per cent premium. Freight to Liverpool, , -„'d per lb. P.M.—Sales to-day, 8,000 bales ; market steady. Exports for the week are to a fair extent; but we shall soon have a serious falling off, owing to the dis turbance of financial matters at the South. Summary.—Receipts: Decrease at the ports compared with last year, 158,000 bales. Exports : Decrease to Great Britain, 95,000 bales ; decrease to France, 19,000; increase to other foreign ports, 2,000. Total decrease in exports, 115,000 bales. Freights.—To Liverpool, for cotton, id. to 9 32d. per lb. ; and to Havre, ic. LIST or PASSENGERS PER R.M.S. CANADA.—Mr. Smith, Mr. S. Walsham, Mr. Chambers and lady, Mr. J. Johnston, Mr. D. Law, Mr. Jacobus, Mr. F. Chep ler, Mr. F. Barton, Mr. E. Pranker, Mr. Forsyth, Mr. J. Mackay, Mr. Davidson, Mr. Bevillis, Mr. H. Bailey, Mr. A. Clark, Mr. J. E. Blackwell, Capt. J. E. Hilier, Mr. H. S. Hagar, Mr. J. Birrel, Mr. W. Birkett, Mr. S. Bailie, Mr. D. Lewis, Mrs. Thompson, Mr. Rigby, Mr. Eutugiene, Mr. Mallet, Mr. Tomkin, Mr. Douglass, Mr. Eebeny, Mr. Neale, Mr. Chadwick, Mr. Cooper, Mr. Roddenhuret, Mr. R. Roddenhurst, Mr. Braggenath, Mr. Piper, Mr. Gregg, Mr. Simpson, Capt. Smith and son, Mr. Macintosh, Mr. M'Pharson, Mr. M'Donald, Mr. Harvey, wife, and daughter, Mr. Cunningham , M r . king and wife, Mr. Wethesby, Mr. Miller, Capt. Arm strong, Jr. Frampton, Mr. Manning, Mr. Perrin, and Mr. Forsyth. A VOLUNTEER SELLING HIS UNIFORM. On Saturday, at the County Magistrates' Court, be fore John. Campbell and T. D. Anderson, Esqrs., a young gentleman named Leon Joseph Heyer l mans was charged. with selling certain accoutrements, b Colonel Bourne, of the Fourth eonging to Lieut.- Lancashire Artillery Volunteers. The case appeared to excite considerable interest, and several volunteer officers were present in court. Mr. Bremner, solicitor, who appeared for the prosecu tion, stated that the defendant was an enrolled effective member of the fourth division of the Artillery Volunteers, and belonged to the eighth company. In that brigade, one of the rules was, that any volunteer who was not enabled to pay for the whole of his clothing might have such portions delivered to him at once as he was able to pay for, and the other portions, for which he was not able to ;pay at once, were also delivered to him upon his owing a promise to pay, and giving an acknowledg meta% to that effect. It appeared that the defendant was not able to pay for the whole of his clothing, but, ming £2 12s. Gd., received trowsers, shell jacket, and cap. • 17pon signing the book he had also received a tunic, pouch, busby, and belt. These latter articles were yet unpaid for, when it was discovered by accident that he had disposed of the whole of his clothing. The defendant entered the force on the 17th of March in the present year ; on the same day that he was sworn he signed the receipt for the clothes, and on the 22nd of June he resigned. Mr. Bremner stated that the gentle men who had instructed him to appear that day were exceedingly grieved that they should have had to oring the charge; but as this was an important matter, they felt that it could not be passed over, and that a public example should be made. He then called Lieut. Henry B. Kelley, and Mr. John Wardman, the orderly clerk, who formally proved the leading facts stated. Mr. Bremner stated that he should also call Mr. Jackson, who bought the clothes, stating at the same time that the prosecutors were satisfied he was not amenable to blame, as he had been deceived by the r epresentations of the defendant. He had also afforded every facility to carrying out the necessary enquiries. Mr. Michael Jackson, sworn, stated that on the 28th of June the defendant seat him a note to attend at his lodging, when he told him that in consequence of objections at the office where he is employed he had been obliged to send in his resignation as a member of the Artillery Corps. He wished, therefore, to dispose of his uniform ; and he stated that he had offered the clothes to the commanding officers, but they would allow him nothing for them. He showed him a receipt for them, and he gave him £1 18s. for the suit. Cross-examined by the defendant—Mr. Jackson said the receipt was not shown to him the day he bought the clothes ; it was afterwards. Mr. Wrenn, clothier, who has the contract for sup plying the Artillery Volunteers, proved that the articles of clothing produced were the same as he had furnished to the corps. The defendant who spoke with a foreign accent, then made a long statement in his defence. He said—ln March, when he was enrolled in the volunteer corps, he proposed to buy the clothes, and paid on account £2 12s. 6d. For that sum he got a receipt, and for the remainder he gave two or three " acceptances," so that he was under the supposition that he had actually bought the clothes, instead of holding them as a loan. He resigned because he had no time to attend the drill, as he was sent on business so frequently to the conti nent. Ile then applied to the orderly clerk, to see if he could buy his clothes. He told him that he could not ; that he would have to give up certain portions but if he paid for them he might sell them, or do anything he liked with them, except wearing them. Being a foreigner, he was not aware it was illegal to sell his uniform ; so he sold it, and went upon the continent. It was not till the latter end of November that Jackson applied to him again on the subject, when he told him that the balance had not been paid, but he would write to the orderly clerk on the subject. He did so, but the answer he got was simply, " The finance committee - prefer a return of the uniform to the balance due." He thtn wrote him that he might have the balance, by pro ducing his acceptances, on the 14th of this month ; but to that he had received no answer. Mr. Bremner said that Would have been a good defence before he sold the clothes. He should call Captain Melly to prove that no " acceptances" were given; it was a mere arrangement that he should pay at stated times for the remainder. Mr. Melly stated that he was the senior captain of the Fourth Lancashire Volunteer Artillery. They wished the defendant to return the whole of hiS clothes, and they should then have bought from him what he had purchased, as they had done from 200 members. The defendant : Have I not given two promises to pay Mr. Melly said it - was extremely probable that he might sign papers that he would pay for a certain por tion in May and another in June . ; but he had not done so. The Defendant : But did I not give two acceptances ? Why are they not produced here ? Captain Melly was not aware of any such papers. Mr. Bremner submitted that the whole question was, that he had sold what he had not paid for. In answer to Mr. Anderion;the defendant stated that the situation which he held, with commission, yielded. about £l5O a-year. The bench having consulted for a short time, Mr. Anderson said,—We well conceive that the officers who instituted the prosecution felt very much grieved at being obliged to do so ; but at the same time felt that they could not pass it over, as it was a point which might affect the volunteer movement, which is such an important one at the present time. We are sorry to say that we think the case is clearly proved; and as it is the first case, and it is necessary an example should be made, that parties may be deterred from acting in a similar manner, we think it right to levy the extreme penalty which we are allowed to do, and that is 40s. ; and we are confirmed in this by what has been stated, that the defendant is in a situation in which he should have had no temptation to have acted in the manner in which he has done. The worthy magistrate added the expression of a wish that it should be made public that any party receiving any accoutrements or arms belonging to volunteers would have to be very particular before buying them to know if they were paid for, because if not paid for, they subjected themselves to a penalty of £lO. Mr. Bremner said the prosecution did not intend to make any application for costs,—the matter having been brought before the court entirely upon legal grounds. Mr. Atherton, the clerk, stated that the costs, then, which the defendant would have to pay, would be 13s. 65., —peaking, with the fine, £2 13s. 6d. He waa allowed a week for payment. LIVERPOOL POLICE COURT.-SATURDAY. (Before Mr. RAFFLES.) WHO IS RIGHT? A gentlemanlv-looking young man, who gave the name of James Bullen, and was described as a V.S., was charged by police-officer 755, who said—Last night this gentleman was in a gig in London-road. He was drunk, and driving furiously. He drove furiously through Daulby-street, and ran into a cart, and it was wonderful how he escaped. There was great da n g er to the p u b li c and to himself from the furious manner in which he was going. Mr. Raffles : At what rate was he going ? From ten to twelve miles an hour, certainly. The prisoner, in reply to his Worship, said, I admit I bad too much drink, but I was not driving furiously. Mr. Raffles : How can a man who was drunk know whether he was driving furiously or not ? I must credit the police officer, who was sober. Mr. Bullen : The horse was not able to go eight miles. I was trying to sell him yester day to Busby, but he wou ld not purchase him as he was too slow. My father-in-law was with me at the time. Police officer 145, said I saw the gentleman driving most furiously—nearly twelve miles an hour at least. He was drunk, and it was most dangerous the way he was driving. Mr. Raffles : I fine him 40s. and costs. The fine was at once paid. HOUSE ROBBERY. Two girls, named Elizabeth Wright and Mary Oran were brought up by detective officer Rigby and consta bles 752 and 772, on a charge of having broken into the house of Mr. Thomas Banks, 14, Vine-street, and steal ing therefrom a gold watch, value £l3, a gold ring, an d a quantity of shirting, wearing apparel, &c. It appeared' that, on Monday last, Mr. Banks and his wife went to. Bootle,:leaving about one o'clock. They returned about. six, and found the back door open, and a square of gl ass broken in the window, by which an entrance into the house had been effected. The property named was taken from the house. The officers traced the watch to a watchmaker's, where the girl Wright had:left it for sale, and subsequently they got a portion of the wearing apparel pledged at a pawn-shop by the two prisoners. The girl Wright said she got the watch from the other prisoner. Both were sent for trial. STREET ROBBERY. William Harrison, who said he was a shipwright and came from Whitehaven, was charged by Mr. Thomas Thornley, of Copperas-hill, under the following circum stances : The prosecutor said, about half-past twelve the previous night he went up a passage into his backyard, to get out his shop !shutters, and, when coming out, he met the prisoner, who asked to be shown a watercloset. Witness told him the place was private property, and that the prisoner had no right to be there ; whereupon the prisoner seized him, and caught his watch chain. He struggled with the prisoner, when two females came and held him whilst the prisoner took his watch and got off with it. He raised an alarm, and the prisoner was followed up Copperas-hill by Police-officer 562, and an Excise-officer who was passing, and they captured him. They saw him throw the watch away, and then they picked it up off the street. The prisoner pleaded guilty, but said he was drunk. He was not known to the police, and therefore, his worship sentenced him to six months* imprisonment with hard labour. (Before Messrs. LAMPORT and CHILTON.) THE AFFILIATION CASE. The case of Sarah Lloyd against Andrew Peacock, flour merchant and biscuit manufacturer, of Great Ox ford-street and S co tl a nd-road, was brought on again on Saturday, having been adjourned from the previous Saturday for the purpose of producing evidence on behalf of the defendant. Mr. Bluck now appeared for the young woman, and Mr. Cobb for the defence. The claimant was again produced and subjected to a search in.- cross - exam i n ation by Mr. Cobb, with the view of showing that she was a person of improper character, but she utterly denied that she had ever been immoral in her conduct before she met with the defendant. She was asked about several persons, amongst the rest if she knew the Rev. Cecil Wray, of Saint Martin's Church, and she utterly denied ever having seen him or a person named Simpson, a flour dealer, in Scotland-road. She denied ever having been in prison, but was one night in the " coal-hole " for an assault on a girl who was beating her mother, but she was dis charged in the morning. A respectable married woman, named White, gave the complainant a good character for over six months. Mr. Cobb, then, in a speech of some length, addressed the bench for the defendant, and then called a married female, named Mary Ann Belly, who admitted that she is on the streets and her husband away. This witness gave the girl Lloyd a bad character. This witness was subjected to a furious fiery cross-ex amination by Mr. Bluck, and she admitted that the defendant had called upon her to tell what she knew. He came to her on Friday night, along with another man, and asked her all the particulars about the young woman. On further examination, it appeared that it was a man belonging to Mr. Joseph Bates, of the "Pri vate Inquiry Office," who was employed to find out this witness. He treated her to wine in a public house. Another witness was examined, after which Mr. Bluck asked the defendant if he had spoken to any policeman about the case, and the witness admitted that he had, and offered him half a sovereign to find out anything he could about the girl. Mr. Bluck then addressed the bench for the complainant ; and he dwelt with great severity on the conduct of the defendant, and his pro ceedings in the whole case. The magistrates were of opinion that the case was proved, and ordered payment of ss. a week for the first six weeks after the birth of the child, and 2s. 6d. a week after. The defendant gave notice of appeal against the decision. ANOTHER CASE. Rebecca Greame, of 16, Gerard-street, summoned Robert Rees, 2, Jamaica-street, to affiliate her child on him. Mr. Bluck was for the plaintiff, and Mr. Cobb for the defendant. The complainant said she went with the defendant to Denbigh, where the intimacy took place. The child was born in November. The defen dant is now a married man. The claimant was cross examined at length by Mr. Cobb, with the view of shaking her evidence. Some other witnesses were ex amined, and Mr. Cobb produced some letters to disprove the allemttion. The bench made an order for the pay ment of a week. Sr3rfing ittritiffente. C o l one l T own l e y h e . sold Gladiolus to go to Germany. The 'wholo of Mr. T :9arber's racing and breeding stud is announced to be sold in or lot. • A day's steeplechasing will take placelweather permitting) at Barham, near Canterbury, on. the 9th of January. Doncaster Spring Meeting will take place on Tuesday and Wednesday, the 23rd and• 24th April, being the week between Newmarket Craven and the Flint Spring Meeting. A draft of Mr. Merry's stud, including The Flying Duke, Riseber, Anuerin, Madrid, Cecilia, Zodiac, &c., will be brought to the hammer at Tattersall's thio dvy (Monday). It is said that the "confederacy' are about to form a steeplechasing establishment, and tha;t Gonvieux, Noble, Col -1 bert, and Baron are to be put into trAning for cross-country purposes. INCE BLUNDELL COURSING MEETING.-Bf permission of Well Blundell, Esq., this meeting will take place On Thursday next, the 13th instant, when the following stakes wjll be run for : The Ince Blundell Cup, for eight all-aged dogs, .'t £4 lOs each ; the Hightown Stakes, for eight puppies, at £3 cach; the Formby Stakes, for eight all-aged dogs, at £ 3 lOs 'each ; and the Farmer's Stakes, for eight all-aged dogs, at L 2 ro.s each. HUNTING FIXTURES. The WYNNSTAY PACK will meet on Monday, December 10, at Carden. Tuesday, December 11, at Pentre Buchan Thursday, December 13: at Allen Sadlers Friday, December 14, at Had= Each day at half-past ten. Master, Sir W. W. Wynn, Bart., M.P. ; Huntsman, J.Walker.. The CHESHIRE HOUNDS meet on Monday, December 10, at Smoker Inn Wednesday, December 12, at Wrenbury Station. Thursday, December 13, at Cholmondeley Saturday, December 15, at.l Delamere Tuesday, December 18, at Sandiway Head Thursday, December 20, at Tabley Friday, December 21, at Peover Monday, December 24, at Wrenbury Station Wednesday, December 26, at Warmingham Mill Thursday, December 27, at Vale Royal Saturday, December 29, at Twemlow Hall Each day at half -past ten. LANCASHIRE VOLUNTEERS.-15th Lancashire Rifle Volunteer Corps.—W. Maitland, Gent., to be Ensign.— Memorandum.—Her. Majesty has been graciously pleased to accept the resignations of the commissions held by Captain D. B. M'Culloch and First Lieutenant R. V. Kearney. Artillery Regiment of Royal Lancashire Militia.—The Queen has been graciously pleased to accept the resignation of the commission held by First Lieutenant J. F. H. Harrison. Blackwood of this month declares that by , May next the French will have 600 guns behind floating armour plates, 10 vessels like the La Gloire, and 100 gun-boats. THE "CAMELS" ARE COMING.—M. Mocquard, Napo leon's secretary, is about to bring out a piece at the Porte St. Martin, entitled " Les Massacres de Syrie." The performance is delayed by the non-arrival of half a-dozen actors—six camels which have been sent for all the way to Bactriana. Playgoers, impatient at the de lay, are comforted by the idea that the "camels" are coming. THE BRITISH GARIBALDI LEGION.—Six hundred and sixty landed in Naples, three fell in action, two by acci dent, one has died of dysentery, and twenty-two remain in hospital. The numerical returns show the present strength to be 560. About 40 have received their dis charges, and have returned to England.—Letter from Colonel Peard. RECOVERY OF THE AMERICAN SHIP ALlCE.—lntelli gence reached Lloyd's on Saturday that the American ship Alice, bound to London from New York, which was abandoned and dismantled some miles out in the Channel, had been fallen in with by the American ship Edwin, which put three of her crew on board to navi gate her, and she was safely brought into Scilly. SPURGEON'S. TABERNACLE.—The continued efforts of the friends of Mr. Spurgeon to rear the Metropolitan Tabernacle and open it free of debt have hitherto been very successful, as already nearly £25,000 have been collected and spent. It will be capable of holding just twice the number of Exeter-hall, and one-third more than the Surrey Music-hall. The exterior is elegant, and the interior will be unpretending in its charade; and afford commodious sitting for 6,000 persons. The Times, referring to recent discussions on the navy, asks whether it is a fact or not that the Hero lost nearly 100 men, and the Ariadne over 40, during the trip of the Prince of Wales to America, and remarks that this does not look like the naval paradise which I admirals describe. nity ;into rite sta sity 211, ?,r; ive 00 he tat