The Northern Daily Times. — Liverpool, Merseyside, England, 1853-11-28 00:00:00

CorreVonlitnre. BULLION IMPORTS AND EXPORTS TO THE EDITOR OF THE NORTHERN DAILY TIMES, Slll,—Your leader of to-day is, I dare say, con sidered by you as a smart retort ; but it is not an answer to my letter. You repeat again the blunders of which I complain; and instead of leading, you persist in misleading, the public on the important subject of "Bullion imports and exports." You seem to treat the amounts of the precious metals used in the arts and sciences, and also those taken. silently out of the country by the large body of emigrants Iyho are continually leaving us, not only for the United States and Canada, but also for Australia and other places, as " paltry trifles." And so you dismiss with this editorial dash of the pen, two important facts, among others, to show how the supplies of bullion may and do disappear without public observation. I respectfully submit, sir, that it might have been much more edifying to your readers if you had given some sort of infor mation to show them what the actual or probable amount of these " paltry trifles" might be. As you have not done so, I will do it for you. The consumption, then, of the precious metals in the arts and sciences—as estimated by Mr. Jacob, who is the highest authority we have on these sub jects—five and twenty years ago, was about two and a-half millions sterling per annum ! You will not deny, I presume, that in this five and twenty years there has been a considerable increase to our popu lation, and a large addition to our national wealth ; also that the national offspring of increased wealth is an enlarged taste for luxury and orna ment. These premises bein g granted, we must, o f course, make some addition to the estimates of Mr. Jacob. That amount I should claim to put at about one million per annum, which brings up the estimates of the precious metals used for other purposes than coin at about three and a-half mil lions sterling per annum. As for the amounts taken out by emigrants, they must be mere matter of theory; but as the number of emigrants f init,ii.tc, to ..buth. aoo.ooo per annum, r uo not think it all an extravagant statement to say that this item will amount to one million ster ling per annum. I am aware that large numbers of emigrants are very poor, and can have very little money; but, on the other hand, there are large numbers, to Australia especially, who take their hundreds and thousands. I assume, then, that the amounts of the precious metals consumed in the arts and sciences, and taken out by emigrants amount to no less a sum than four and a half millions per annum, and these you designate " paltry trifles." My notion is that such terms are misapplied to a sum of money which represents more than one-fourth of the whole stock now held by the Bank of England !! In this view I think your readers will concur, whatever your own opinion may be. Among other crude and ill-considered remarks in your leader there is the following " As all merchants use their bankers in the course of their foreign as well as their domestic trade, all sums leaving the country in the ordinary course of trade would be traceable either in the increase or decrease in the bullion and other returns of the banks." Now, sir, you must excuse me telling you that this paragraph can only have been formed by inex cusable carelessness or ignorance. You surely do not require to be told that there are such men in our commercial community as " dealers in bullion." That these men purchase the precious metals from the importers, and sell it to the exporters, or per haps export it themselves ; that large amounts of the same thus pass through their hands which never enter the portals of any bank at all, and such amounts cannot therefore in any way affect " the increase or decrease, or other returns of the bank." Again, you say—" With regard to money taken away in the pockets of emigrants, 11r. Langton seems to think that it has never formed a portion of the actual circulation of the country." The fact is, that my reference to emigrants had nothing whatever to do with the " circulation of the country." I merely referred to the monies taken out by emigrants, as a proof of one silent and un observed means of diminishing the bullion, without any record being kept, and this position I main tain. In order to get rid of the difficulties you are in about the exchanges, you profess not to understand my views, and you inquire upon what basis I plan my calculations as to the average market value of gold. I must tell you, then, that my calculations are based simply upon " the course of exchange," and from these calculations I find that a merchant, or bullion dealer, can at present, and for some time back, get a profit of nearly one per cent by buying gold in England and transmitting it to Hamburgh or Paris. So long as the course of exchange re mains at that point which will enable merchants and traders to make profits by the transmission of the precious metals, you may be sure it will be done. It is like water; it will always find .its In order to show you the reason of the exchanges being so much against this country, I referred you to the aggregate imports and exports of merchan dise, as published by the Board of Trade. I pointed your marked attention to the large balance of imports over exports, and thus gave you a cor rect clue to the reason why the exchanges keep so continually adverse to England. Instead of replying to this, or attempting such explanation as might have harmonised with your views, you answer, by an extravagant statement as to the advances made by our merchants against the produce of our colonies, &c. From whence you have obtained so wild a theory I am at a loss to know. Why, sir, the amount you put this item at is more than half of all ovr foreign trade !! ! That such advances to some extent are made, no doubt, but they make nothing for your argument, because they are made, for the most part, in manufactured goods, and are periodically included in the Board of Trade returns. It is clear, then, that such pay ments are already reimbursed in' the . imports, and the balance of 18 millions in value, of imports over ex ports, has still, as I suggested, to be paid, before the accounts between England and her foreign cor respondents can be adjusted. In concluding this letter I cannot but regret that you should have replied to my former communica tion by sarcasm and random assertion, rather than by sound argument or an appeal to facts. Your spirited and enterprising attempts to esta blish a daily paper in Liverpool deserves encourage ment and support. But if you expect the patronage of the public, it will not do to draw upon your ima gination for your facts, or to ground your arguments and theories upon unsound data. —Yours, —... ours, &e., H. C. LANGTON. Nov. 23, 1853 wolfing anxiously for the proofs which you promised some weeks back, of the very large supplies of food to come from the United States. [We publish Mr. Langton's second letter as a matter of courtesy—notwithstanding the animus which pervades his correspondence, and the serious aspersions he throws on our paper—leaving our readers to form their opinion by comparing Mr. Langton's letters with our Monetary views, which appear to be the cause of our correspondent's displeasure.—En. N. D. T.] BULLION IMPORTS AND EXPORTS. TO THE EDITOR OF THE NORTHERN DAILY TIMES. SlR,—The Exchanges, whether adverse or other wise, are no criterion of our prosperity, nor of the reverse. Money is simply cheap or dear, in every country, from supply and demand—like all other articles. The sources of our wealth, as derived from other nations, arise principally from the exportation of articles of British industry and skill; and from returns, are dividends and interest arising from capital invested and lent on securities in other countries. We may estimate the benefit we derive generally by the balance of trade. We ought to have a great excess of imports over exports to yield a profitable return for the large amount of capital, employed ; and if there be no excess, it is clear there is no profit. The indebtedness of other nations to England is a source in itself of great wealth ; and as long as British money goes out into foreign lands, upon proper security, we shall always be in' possession of a large income, which must be regu larly sent us, either in money or in kind. The argument, therefore, is, that the country investing, or the country borrowing, causes the disarrangement of the Exchanges, without injury to the resources of either —to their power of paying or their power of lending. If we add to the amount of British exports the exports of bullion, and if we add the imports of all kinds, including bullion, we may then have some estimate of our means, but not of our profit, as we cannot tell how much of the imports have been sent as investments, and are employed on foreign account. If this is of any use in your illustration of the Monetary system of the country, you can use it as you think fit, and I hope you will continue your remarks on the subject.—Yours, &c -Liverpool, Nov. 24, 1833 OBSERVER. Lain 3Entelligence. COURT OF QUEEN'S BENCH. (Sittings in Banco, before Lord Campbell and Justices Erie, Coleridge, Wightman, and Crompton.) CRIMINAL INFORMATION AGAINST " THE TIMES." The Queen on the Prosecution of the Hon. F. Scott Y. W. Harrison. The ATTORNEY-GENERAL moved, on behalf of the Hon. Francis Scott, azd some other gentlemen, for a rule calling upon Mr. William Harrison, the printer and pub lisher of The Times newspaper, to show cause why a cr i mina l information for a libel sh ou ld not be issued against him. This application arose out of an article which appeared in The Times, reflecting, as these gentlemen thought, and he must say with truth, very severely upon their characters. The applicants were the chairman and the directors of the South Western Railway Company, and it was necessary for him to make a short statement of the facts to which the article referred. The South Western Company were the proprietors of a line of railway running between Southampton and. Dorchester. In the commencement of the year it was proposed by the Great Western Cona,)any, whose line ran through Dorsetshire from north to south, while the South Western line ran from east to west, to make an application to parliament for a bill to enable them to make a line be tween Dorchester and Exeter. Lord CAMPBELL said an objection had been suggested by the officer of the mart against moving fora criminal infor mation on the last day of Term. An application for a mandamus, or a prohibition might be made, but he believed it was the rule that the learned counsel could only mention that he intended to apply for a criminal information. The ATTORNEY-GENERAL said the rule had probably been made when there was a pressure of business. Lord CAMPBELL said it had existed from the most remote times, when the Queen's Bench did not sit half the time it might have done. Mr. Justice COLERIDGE : It is probably on account of the length of time before cause can be shown, Lord CAMPBELL : There is another reason. This is a very solemn proceeding, and it is supposed there may be a great deal of hurry on the last day of the Term, and we ought to have abundant time to consider before we exercise the important power that is vested in us. The ATTORNEY-GENERAL said the great object of his clients was not to press vindictively against the newspaper, but to to clear themselves. Mr. Justice COLERIDGE remembered several instances in which learned counsel had mentioned that they intended to move. The attorney-general would would answer his pur pose by doing so. Lord. CAMPBELL : We may consider whether the rule ought to be altered, but while it remains in force we must abide by it. The ATTORNEY-GENERAL might be allowed to say that his affidavits contained the most complete refutation of all the imputations contained in the article. After what had fallen from the court, he would not now press his motion. RESTORING AN ATTORNEY. IN RE MARSHALL.—Sir F. Thesiger moved to restore Mr. Marshall to the roll of attorneys of this court. In 1842, in consequence of a petition of the Law Society of Birmingham, Lord Langdale had struck him off the roll of the Court of Chancery. He had then removed with his family tc America in order to practise there, and after some time had undergone a perfectly satisfactory examination be fore two judges in that country; but he could not practise in the States, as he had not been admitted as a citizen. During his absence an application was made to strike him off the rolls of this court, which was granted as a matter of course. Since then he had been engaged in a series of struggles and difficulties. He had contended with them for a number of years, gradually regaining hi s c h arac t er , till at length the Law ociety of Birmingham themselves had ap-: plied to the Master of the Rolls to restore him to the rolls of the Court of Chancery, and the master had granted that ap plication. Lord CAMPBELL.—As he was struck off by the authority of that court, I think he may be restored by the same autho rity. Rule granted accordingly. The Queen v. the Justices of Lancashire. Sir F. THESIGEx moved for a rule to bring up to this court an order of sessions made in the month of June last, by which it was resolved that a sum of £53 7s. 6d. should be allowed out of the county rates to the treasurer, on account of certain expenses, the origin of which he will now nar rate. It was made under very extraordinary circumstances. Some time ago a complaint was made to the crown, as re presenting the Duchy of Lancaster, of the conduct of Mr. Ramshay, who was the county court judge there. A great deal of interest was excited by the case. An inquiry took place at Preston, and the visiting justices of the House of Correction then granted the use of the court-house for the purpose of conducting the inquiry. The chancellor of the duchy heard the charge, being at tended and assisted in that duty by his (Sir F. Thesiger's) learned friend Mr. Ellis, one of the law officers of the duchy. Counsel attended on behalf of the parties concerned in the complaint and the defence. Several of the justices, with their families, came to hear the inquiry conducted, and as the sittings of the court were long, they thought it right to order that refreshments should be freely distributed. These refreshments were moderate in kind, though not in extent, for they were only sandwiches and wine ; but, in the end, the charge for them amounted to £53 7s 6d., which was to be paid out of the county rates. The visiting justices, after the inquiry was terminated, gave orders to the county treasurer to charge that sum in the accounts of the sessional expenses at Preston, anu in them it was included. Tee treasurer gave in an abstract of his accounts. The gross sum amounted to £287 o dd, o f which the £53 7s 6d formed part. This sum was objected to, and some motion was made than an application should be made to the Chancellor of the Duchy of Lancaster to pay it. That was negatived, and another motion that the trea surer should take measures to enforce the payment was negatived. Under the 5 and 6 Vic., c. 50, the treasurer was bound to send in an abstract of his accounts to the Secretary of State, and that abstract was to be laid before parliament. This was done, minus the £53 7s. 6d., and the accounts, minus that sum, were allowed. Here the matter might have been thought to terminate. But it appeared that there was a proper rule at these sessions, that no business should be transacted unless a pieVious notice of it had been given, and notice was accordingly given of a motion on the subject of this sum. The notice was by the chairman of the gene ral finance committee, that it be an instruction to the com- mittee that steps shall be taken with respect to the sum o 1 £53 7s. 6d., paid under the order of the visiting justices, and disallowed by the sessions in the treasurer's accounts, Another was that . the resolution disallowing it be rescinded, and that the sum be allowed in the accounts for the said House of Correction. The first motion was made, and the treasurer was ordered to apply to the Duchy of Lancaster For the payment of this .sum, as expenses in holding the nquiry, and the further consideration of the other motion was postponed. Application was made to the Duchy Court, and the answer was that the Chancellor of the Duchy would pay for all that he and his assessor had consumed, but for nothing more. The matter was again taken up, and a notice of motion was given that the sum be allowed in the accounts. This was negatived by a major f only. one. There was auteriviirus a - cirelllar 1.55 LIOU in Jon oa,or a motion to this effect, that the county treasurer be instructed to apply, through the deputy clerk of the peace, to the Court of Queen's Bench for a rule to show cause why he should not be repaid the sum which he had expended. On that amend ment, which was in fact a substantive motion, was proposed, that the sum of £53 7s. 6d., paid by the treasurer in virtue of the order of two magistrates, be allowed him in his ac. counts. The amendment was carried, and constituted the order which it was the object of this certiorari to bring up and quash. The gentleman who made this application was a magistrate ; he had no personal interest in the matter ; he had not partaken of the refreshments, and he always opp ose d paying for th em b u t at t h e county rates. He proposed that they should be paid for by subscription among the magis trates, and though he was not present when they were consumed, he had offered to subscribe for their payment. Lord CAMPBELL : There is no question of any statute authorising such an application of the county rates. The rule must be granted.—Rule granted. _Lumley v. Gye.—The Case of Mdlle. Wagner. The ATTORNEY-GENER AL moved for a rule to show cause why a commission should not issue, addressed to the Royal City . of Berlin, or any of the judges thereof, or some person appointed by them, for the examination of witnesses out of the jurisdiction of this court, and in the meantime to post pone the trial of the cause. The action was brought by Mr. Lumley against the defendant, for having induced Mdlle. Wagner— Lord CAMPBELL : We are perfectly aware of the nature of the action. The ATTORNEY-GENERAL said that, as their lordships were aware of the nature of the action, they would fully appreciate the value and importance of obtaining the evi dence of Miss Wagner and of her father, who acted for her. The commission which had been issued was applied for by the defendant. It was desired that the examination of th e _ _ witnesses should be viva voce, and therefore Mr. Hayward proceeded to Berlin to execute the commission. On his arrival there he was attended by the solicitors on both sides and by counsel, Mr. Huddlestone and Mr. Creasy, and he prepared to begin his labours. But difficulties at once appeared, for Miss Wagner and her father took advice as to the obligation which they were under to answer questions. They were advised that they need not take an oath unless the oath was administered by a judge of one of the Prussian courts, or by some magistrate of the country, and they there fore declined to answer on oath ivhen the oath was admi nistered by Mr. Hayward. That gentleman accordingly made an application to the Royal City Court at Berlin for a judge to be appointed by the court to administer the oath. A judge was accordingly appointed, and he attended and administered the oath according to the Prussian law, these witnesses having declined to take an oath according to the English form. Lord CAMPBELL : The form was of no importance. Any form of oath binding on the witness would be admissible, and the evidence given under it would be the same as evidence given under the ordinary form. TheArronNET-GENERAL proceeded : As the witnesses said that they considered the Prussian form to be binding, Mr. Hayward made no objection, and the examination proceeded. After a few questions had been put, it was considered neces sary to ask Miss Wagner whether a certain document was in her handwriting. On that question being put, the Prus sian judge interposed, and said that the question could not be asked in that shape and at that moment, butthe document must first be read and certain other questions asked as pre liminary to that one. Mr. Hayward objected to this interfe rence. The Prussian judge, however, said that he was th e judge to manage the exam in ation, and:that he had the entire and exclusive management of it, and that it was for him to determine what questions were to be put, and he therefore persisted in the course he had adopted. Mr. Huddleston then protested. Mr. Creasy did the same, and the business was suspended. The evidence of Miss Wagner and of her father was absolutely necessary; and it had therefore become a subject of consideration whether any other commission would be sufficient to procure it. It had been thought that if this Court would address a commission to the Royal City Court of Berlin, it would not be difficult for that Court to obtain the evidence_of these persons, and this application was now made for that purpose. The statute relating to these matters authorised such a course.—Rule to show cause granted. LONDON BAIL COURT. The Queen v. Beresford and others. Mr. E. JAMES moved in this case to postpone the trial of this prosecution until next Hilary Term. This was a prosecution against the Hon. W. Beresford and ten other persons for a conspiracy arising out of the Derby election. The indictment, which is for a conspiracy, was found at the Central Criminal Court, and removed into this court by certiorari at the instance of two of the defen dants, the Hon. W. Beresford and Mr. Huish. On the removal of the indictment they were obliged to enter into recognisances to plead and give notice of trial in this term, which they had . duly done. Five of the other defendants, George Richardson Cox, William Thomas Cox, John Cole, Christopher Hibburd, and John Clark, however, did not plead until the 21st of November, and it was, therefore, too late to give them notice of trial for the sittings after term, and therefore it would be impossible to try the case at those sittings against - all the defendants, and it was most advisable that the case should be gone into against all the defendants at the same time. It was therefore proposed to call on the five defendants, who had pleaded on the 21st of November, to show cause why they should not take such notice of trial as the prosecutor could now give, and calling on Messrs. Beresford and Huish to show cause why the trial should not be postponed, unless the other five defendants who had pleaded as above should not consent to take such short notice of trial. Mr. Justice CROMPTON : What do you intend to do as to the other five ? Mr. JAMES : They have not pleaded at all, and we must pursue another course as to them. There was another ge neral ground for postponing the trial which he must also mention. By a resolution of the House of Commons, in 1818, no officer of the house or shorthand-writer employed on any committee of the house, is allowed to attend and give evi dence at any trial without the special leave of the house ; and in this case it would be necessary both to have the evi dence of one of the shorthand-writers of the house and also the production of some of the journals of the house;' and, as the house was not now sitting, it would be impossible to obtain the requisite leave of the house for their officers to att end. Sir F. THESIGER stated that he appeared for Major Beresford, and begged to say that that gentleman had done everything in his power to facilitate the trial o f thi s case, as he was mo s t anxious to meet the charge brought against him, and he begged to say he had no power or control what ever over the five defendants whose names had been mentioned, or the others. He mentioned this in order that it might not be supposed that he had anything whatever to do with keeping them back. No doubt it was most desirable that the case should be gone into against all the defendants at the same time, and he therefore wished to say, on the part of Major Beresford, that he was quite ready to assent to any course that might be thought best. There was no doubt that the leave of the house for the attendance of these officers was necessary, therefore, perhaps, the best course would be for the trial to stand over until Hilary term. Mr. JAMES begged to say that he did no t i n th e s li g h test manner wish to impute to Major Beresford or M r . H u i s h the keeping back o f th e other defendants from pleading. He was bound to say those gentlemen had done all that they were called on to do, to put the case in a proper train for inquiry. Mr. Justice CROMPTON : I do not act on the notion that there is the least attempt on either side to induce delay ; but think the best course to pursue is to postpone the trial of the case until Hilary Term, if it is consented to by the t wo de fendants who ha ve pleaded in time. Sir F. THESIGER expressed his assent on the part of Major Beresford, and stated that Mr. Macaulay and Mr. M. Smith appeared for Mr. Huish. Mr. Justice CROMPTON said that if either of those gentle men would consent on the part of Mr. Huish, the rule would be absolute at once to postpone the trial; if not, then a rule nisi only would be granted. At a subsequent period Mr. &mit came into court, and stated he had no instructions in the matter; but he had no doubt that Mr. Huish would consent to Cm postponement. The matter then stood over, Mr. SMITH undertaking to communicate with his client, and inform the officers of the court of the result. VICE CHANCELLOR'S COURT. Jermy v. Jermy.—Dower. This suit, which now came on upon further direction, was instituted to administer the estate of Mr. Jermy, who was murdered some time since by Rush. The widow of Mr. Jermy elected upon his death . to receive one-third of the rents and profits of the estates of the deceased gentleman in respect of her dower, in lieu of having one-third set out by metes and bounds. A portion of the timber on the estate having been sold, and some fines having been received from copyhold, a question arose between the widow and the heir as to whether she was entitled to a third of the sum arising from these two sources. Mr. J. V. Prior and Mr. Prendergast represented the parties interested. In the course of the statement of counsel, it appeared that it had hitherto been found impossible to let the mansion house in which the murder took place, although the parties were willing to allow a tenant to have it for two years rent free. The Vice-Chancellor held that the widow was entitled to one-third of the copyhold fines and of the proceeds of the timber. ONE OF FERGUS O'CONNOR'S PLANS. (Grflliths v. the Ofikal _Manager of the National Land Company.) Mr. T. H. Terrell renewed a motion which he had made on a previous occasion, to restrain the defendant from issuing a writ of possession against the plaintiff, in respect of some meadow land, part of one of the estates formerly purchased by Mr. Feargus O'Connor, and called "Lowland and Applehurst Farms." It appeared that the plaintiff had worked upon the estate in question for Mr. O'Connor, `und there being a large bill owing to him, the amount of which was in dispute (he claiming upwards of .€4OO, Mr. O'Connor admitting only n 75), it was arranged that the plaintiff should take to some meadow land at Low land, at the nrice of 441)0_ ;f account more was found due to him, Mr. O'Connor should pay it, but if less, then the plaintiff should hand over the _ _— balance. On the 9th July, 1851, a letter was written by O'Connor to the plaintiff, as follows : " Dear Griffiths,—You shall not be deprived of the meadow-land; the ruffians at Lowlands have no power to do so. But you m a k o a m i s t a k e w h en you say a balance of 4001. is due to you; it is only 275/. 7 and I am prepared to convey the meadows to you, though you have got them at a much cheaper price than I paid for them, if you are pre pared to pay the balance. Shortly after this an act was passed for winding up the affairs of the company, and it being known that Mr O'Connor had been dealinc , with the property in an improper manner, and selling parts of it as his own, the act provided th a t cer t a i n persons therein specified, w h o had got allotments, and others who had purchased, sl ould be confirmed in possessiln ' • and ,that all those whom the Master in Chancery charg e d with winding up the affairs of the company should find to be bona fide purchasers, should be entitled to have the land so purchased. _ The VICE-CHANCELLOR, after recapitulating tile facts, granted the injunction; but stated that nothing that he had said on the previous occasion was intended to lead to the inference that the matter was not to go on before the master. He thought it would be better that he should himself communicate with the master, and explain his views. EXCHEQUER CHAMBER. The Queen v. Garret'. This was a case reserved by Mr. Baron Parke for the opinion of this court. The indictment contained several counts. It stated that Sir Peter Laurie and others, trading under the name of the Union Bank of London, were the correspondents of Duncan and Co., of New York, for whom they were in the habit of paying money. The firm had ob tained a circular letter of credit from Duncan and Co., upon the Union Bank for £2lO. He came to London and ob tained some small sums, which were endorsed upon the let ter of credit • he then went to St. Petersburgh, and altered the letter of credit to £5,210. He took it to Wilson and Co. at St. Petersburgh, who were also correspondents of Duncan and Co., and obtained from them two sums of f £1,200 and £,2,500, and he gave them a cheque for £1,200 THE NORTHERN DAILY TIMES. upon the Union Bank in favour of Wilson and Co., of Lon don. The Union Bank having had advice only of the letter of credit for £2lO, refused to pay this cheque when pre sented, and the prisoner, soon after coming to England, was apprehended, and indicted for attempting to obtain money by false pretences from the Union , Bank. Upon the trial it was urged that no offence had been committed by the pri soner in London, and that he had not committed the offence charged by the indictment. The jury found the prisoner guilty of the intent, but the . judge left it for this court to say whether the prisoner meant to obtain the money for his own benefit, and the judgment was arrested. The case was argued before the court of five judges last Saturday, but, as they disagreed, it was directed that it should be reargued before this tribunal. Counsel on both sides having been heard, Lord CAMPBELL gave the decision of the court. He said he was of opinion this conviction could not be supported. The real question was whether, supposing the Union Bank had honored the draft, the prisoner could then have been indicted for obtain ing money under false pretences. He was clearly of opinion he could not. He did not proceed upon the ground that the offence was committed without the jurisdiction of the court because if a man abroad employed an agent in this country to do an unlawful act for him, when he came to England he would be amenable to the law. The act con templated that something valuable must be obtained by or for the person who made the false pretence. In this case the prisoner had already obtained his object, and he would rather that the cheque should have gone to the bottom of the sea than that it should be presented. No advantage could arise to the prisoner from the cheque being honored. He therefore was of opinion that the conviction was wrong. Conviction reversed. IRISH COURT OF EXCHEQUER. CURIOUS ELECTIONEERING CASE. The Lord Chief Baron and Baron Pennefather sat during the day.. Parsons v. Kirk. This case was called on for judgment. It had come be fore the court upon a demurrer to the plaintiff's declaration. The plaintiff, an elector of Newry, presented a petition to parliament shortly after the last election for that borough, praying that Mr. William Kirk, who had been declared elected, should be unseated on the ground of bribery and treating, and alleging that his return had been effected by undue means. Subsequently an agreement was en tered into between the parties to withdraw the petition, on the terms of Mr. Kirk paying all the costs which had been incurred by the petitioners. The petition was accordingly withdrawn ; but Mr. Kirk, as it was stated, refused when called upon to carry out the agreement, alleg ing that it was illegal and contrary to public policy, and that the petitioners concealed from him a material fact— namely, that they had been advised by their leading counsel that the petition, so far as the allegation of bribery was con cerned, would fail. The plaintiffs then instituted an action to recover from Mr. Kirk the amount of the costs and ex penses incurred by them in presenting and preparing to pro secute the petition. Their declaration was demurred to, and the demurrer was sustained by Messrs. Fitzgibbon, Q.O , and Blair, who contended that the agreement was illegal and contrary to public policy, inasmuch as the public were interested in election petitions, and that it was illegal to withdraw them from money. Messrs. Joy. Q.C., and Vance supported the declaration, and argued that under recent acts the defendants were at liberty to withdraw a petition without the consent of the committee of the house, and that in this instauce the petition 'was not withdrawn for money, but simply upon the stipntat ion that all reasonable and legal expenses should be dis charged by Mr. Kirk. . _ The Chicf Baron gave judgment, allowing the demurrer on the grounds stated by the defendant's counsel. IRELAND. DUBLIN, SATURDAY. CONVICTS AT HOIVIE.—It is said there is no longer a question that Clare Island, on the coast of Mayo, has been taken for a convict depot. Clare Island formerly was the patrimony of the O'Malleys, and Sir Samuel O'Malley last held it, until within this year, !I believe, when it passed from his hand to the Law Life Insurance Company, of London, to whom it was mortgaged some years ago by the inheritor. There is only one landing place on the island, the coast of which, indeed, can hardly be approached, except in calm weather. It will, there fore, afford ample means for securing the persons of the convicts sent thither. The island is about twelve miles westwards of the harbour of Westport, in the Atlantic, and in the days of " Good Queen Bess" was a place of note. It was then the strong hold of an Irish Chieftainess, who paid a visit to the powerful Queen of England, as history records, and was received by her as a sovereign princess at her then Palace at Greenwich, now the Royal Hos pital. This Irish Queen was named Grauna Uaile, which, in the vernacular, means Grace O'Malley. The good old gentleman was given to practices which would now, perhaps, be stigmatised as piracy, but in those clays morality was; not so tight-laced. There is still an old fastness on the island, some times used as a prison, so that its new denizens will not be the only ones who were kept there in durance. Before the famine the inhabitants numbered four to five thousand ; at present I believe the number is very limited, and these probably the insurance company will remove. On the northern shore there is a light-house. SAVINGS' BANKS.—Thero is said to be a heavy run on the Abbey -street saving bank; why, I have not learned, for there is every reason, as well from the high character as business habits of the directors and manager to class it as A 1. ROBINSON V. MACDOUGALL.—The Irish Chancellor has just given judgment in a case which excited much local interest. The family of a Mr. Robinson, a manufacturer residing in Dublin took proceedings against the firm of Macdougall and Perrin, Irish solicitors, for certain sums of money which they had received as solicitors for Mr. Robinson, who is dead, and which they retained without any just right. Mr. Macdougall has recently had an ap pointment in the Dublin courts bestowed on him, and hence the especial interest the case was sur rounded with. Mr. Macdougall had been many years the solicitor of Mr. Robinson, who was occasionally subject to aberrations of intellect. During this connection several sales of property, real and personal, had taken place, and these it was alleged had been made at a disadvantage for Mr. Robinson's interests, by Mr. Macdougall's advice, who on one occasion had procured his signature to a deed when he was positively insane. It was admitted that when those sales were made Mr. Robinson was in want of money for the pur poses of his business, and the defence was that Mr. Macdougall acted bona fide, that he was not benefited in any way by those sales, over and above his costs, and that Mr. Robinson when he signed the particular deed was in one of his lucid intervals. The Lord Chancellor on Fri day gave judgement for Mr. Macdougall, whose coun sell said he was instructed not to ask fo costs. Mr. Thomas MacNally, brother of the solicitor of that name, killed on the occasion of the late accident on the Great Southern and Western Rail way, applied on Saturday to be admitted an attor ney, he having already practised at the bar as a lawyer. The grounds of the application were, that he knew the business in his brother's office, that he knew also morth of an attorney, and that his application was in the interest of his brother's .clients, and his brother's children, The Law Society, a body of attorneys, were heard by the Attorney-General against the application, but the Court applied to the Exchequer, and granted the application. • - - • Mr. E. B. Roche, ALP., a very extensive landed proprietor in Cork county, and a practical agricul turist, has been growing flax largely for the last few years, and has now succeeded in establishing a company, to spin and and manufacture flax. This is the way to make Ireland prosperous. THE CHIEF SECRETARY IN BELFAST.-Sir John Young still continues his progress in the northern emporium. On Thursday he visited the .harbour and lough, being accomponied by the Provost of Trinity College, the city members, and the leading inhabitants of the town. He afterwards partook of a dejeuner, at which John Harrison, Esq., the chair man of the harbour commissioners, presided, when after the usual loyal toasts were drunk, that of Sir John Young, and " prosperity to • Ireland," was given and responded to. Sir John spoke in high terms of Lord Aberdeen, under whom he had taken office, and said that no government ever received so much support from the masses of the people, as the present. •He said, however, that as he bad not come to Belfast in a public capacity, gentlemen need not be disappointed at receiving no informa-• tion concerning ministerial intentions. Sir John's remaining observations were in allusion to the in-, creasing prosperity of Belfast, and a few other toasts having been drunk, the company separated. THE PRESBYTERIAN CHURCH.—At a meeting in the Scotch Church, Mary's Abbey, on Thursday; £2,000 was subscribed to the church and manse ! Fund of the community. THE MUNICIPAL ELEeTtoNs.—The following has been the general results of these events :—Alder men—Messrs. Hudson, Gresham, Campbell, Hoyte, Farrell, and Reynolds. Town Councillors—Messrs. Vance, Hutton, Kelly, Classon, Tilsworth, Jame son, Boyce, Barlow, Fry, Wharton, Lambert, Wau chob, D'Arcy, O'Neill, and Taggart. Mit. GEORGE DARLING.—This gentleman, who is one of the most notorious characters in our city, has been fully committed to take his trial; on the charge to which I have already alluded, of fraudu lently- obtaining money from the mistress of the convict Kirwan. INCUMBERED ESTATES COURT.—The Earl of Ban try's propery, in Limerick and Cork, was sold yesterday, and realised over £BO,OOO, averaging above twenty years' purchase. FARMING STOCK PRICES.—At the annual fair of Summerhill, county Meath, bullocks brought from £l3 to £l7; milch cows, ditto ; fat sheep, from 42s to 48s ; and pigs 465. INJURY TO A ROMAN CATHOLIC CHAPEL.—The Roman Catholic church of St. Vincent, Cork, has been nearly destroyed, its roof having been com pletely torn off by a gale of wind. PRESTON MANUFACTURERS IN BLACKBU.RN. We have already noticed in this journal the violence offered to certain gentlemen attending the Blackburn market, recently by parties either connected or sympathising with the operatives now on strike in the mid districts of Lancashire. The spinners and masters of Preston believing they were the especial objects of di s lik e on th at occasion, have addressed Lord Palmerston upon the subject in the subjoined letter. We may here state that the Mayor of Blackburn was of opinion that a large part of the people assembled upon that occasion had followed the masters over from Preston. His worship estimated the numbers present on the occasion at 4,000, and is of opinion, in which his brother justices coin cide, that the ordinary civil force of the borough is unable to cope with the sudden interruptions to the peace to which Blackburn, under present circumstances, is subject, and that a company of soldiers should be placed there. The town police are to be increased to thirty. It is said that the operatives of Burnley will take the masters' offer to resume work at the old wages, and forego connexion with the strikes in other places. The mills of Bacup, will be opened on Thursday next, on the Burnley terms. The Harwood millowners are, it is rumoured, about to work short time and take off the ten per cent, co-operating with those at Accrington. At Accrington, says a London journal, where to the present time only a couple of mills have been closed, the rest having given the ten per cent, advance, notice was served upon the weavers generally ten or twelve days ago that it would only be given a fort night long , r, and it is expected that 4,000 looms will there be thrown idle, adding largely in a few days to the unem ployed if the operatives should resolve to strike, as it is ex pected they will do. A meeting of Blackburn masters also had been summoned for yesterday, to consider the pro priety of doing the same thing, and this had become public. The memorial or letter addressed to the home secretary is as follows : "My Lord , — We beg t o d raw your lordship ' s attention to the riots and disturbances which took place at Blackburn on Wednesday last. Blackburn is the seat of a large cot ton manufacture, and the master cotton spinners, agents, manufacturers, and others from Preston and other places in the district, are in the habit of meeting there on Wednes days for the purpose of transacting busineSs. " Most of these gentlemen stay at the Bull Hotel in Black • burn, and at the front of that hotel they assemble to transact their business. " On Wednesday last the Preston cotton spinners were informed on their arrival in Blackburn, that they were to be attacked by a mob and turned out of the town. This threat appears to have been partially carried out, and from what has since transpired, there is every reason to believe that it was a preconcerted step, and that it was known in the town that something of the kind would be attempted. "We will not here trouble yew lordship with the parti culars of what took place, but send for your lordship's perusal the three Preston papers containing accounts of the disturbance. But we may be permitted to call your lord ship's attention to the fact, that after a mob of people had been assembled for a lone , time in one of th e mos t pu bli c streets in the town, with the avowed object of ill-treating the Preston masters, the safety of the persons and pro perty in the principal hotel in the town could only be secured by allowing six delegates from the mob to search every room in the house for those whom they wished to attack. At the present time most of the operative cotton spinners and weavers in Preston are out of employment in consequence of the dispute between themselves and their employers, and we are happy to state that hitherto no se rious breach of the peace has occurred. For this we are mainly indebted to the generally well disposed and peaceable character of the inhabitants, but also to the mayor and other borough magistrates, for the firmness which they displayed, and for the decided measures which they adopted here at the commencement of the strike. " On the other hand, whilst the operatives engaged in the cotton trade in Blackburn have been, and are, in full em ployment, that town has been for some time past the scene of great excitement and disorder. Acts of violence and dis turbances have frequently been repeated, and on more than ono occasion persons and property have seriotudy suffered at the hands of lawless mobs. " From what occurred on Wednesday last, it is quite ap parent that the Preston cotton masters have rendered them selves obnoxious to the operatives of Blackburn, and in the present state of feeling in that town cannot, without danger of annoyance and injury, continue their necessary visits to that place, unless some steps are taken for the purpose of preventing such acts of ungoverned violence as those we have alluded to. " That such steps are rendered imperatively necessary we ;hink there can be no doubt. " We have the honour to be your lordship's most obedien servants." -{Here followed the signatures.] SOUTH WESTERN RAILWAY. In our law report the reader will find reported an appli cation on the part of the chairman and directors of this company, against the Times newspaper for a libel contained, as is alleged, in an article printed in that journal on Tuesday last. The Railway Times has the following extraordinary statement respecting the same body : The directors have voted £5OO to Captain Moorsom, the gentleman who did not expect anything, for his services in the cause of the Dorchester Extension ; they have ordered the plans to be finished, as, according to the view of Mr. Bircham, they may be useful at another time ; they have refused to print the poll as suggested by Mr. Sergt. Gaselee, and laughed outright at a proposition of Captain Johnston to print the votes in May iu juxtaposition with those in November. But as to whether or not the Dorchester Exten sion is abandoned or not, even for this year, no official declaration exists ' • we only know that the expenses in general, incurred by the board in their ext ens i on crusa d e during the last few months, amounting to £15,000, are in course of quiet and orderly liquidation out of the funds of the company. Mr. Scott has been talking at "his club" of resigning, and fortunately, it is there suggested that this is the only course a " gentleman" can adopt ; but the board is not yet favoured with his resignation. Mr. Hutchins, an , old candidate for a seat in the direction, is spoken of to supply the probable vacancy, that gentleman having a nice little extension to Lymington to propose. On the other hand, the shareholders' committee are making converts rapidly. Mr. Chaplin considers the ques tion finally settled. Mr. Kay will be no party to its revival. These two names alone take away nearly £200,000 of the £600,000 so vauntingly produced as the majority of capital in favour of the ext,;a6ion. When we state that the remain der is more than made up by the votes of the bankers, the solicitors, the engineers, and the contractors, each personally and pecuniarily interested in the extravagance, we need not further dwell on the topic. All the " deadweight " is already thrown in against the shareholders, and every vote that can be brought forward in opposition to it, must lessen its severity and faroo. If is fharofnril occontial, vitally so, that the shareholders at large, if they desire the current of adhesion now fixedly setting in to continue, should conduct their future operations with more than ordinary decorum. That alone is necessary to place Mr. Snell's committee in a position to command a majority of the entire capital of the company at the half-yearly meeting. The Death of Lady Sandford is announced in the journals. THE DUKE AND THE SAILORS' HOME.—The Duke of Northumberland, who is deservedly held in the highest esteem by the seafaring population in the north-east ports, is about to make a princely donation to the seamen visiting the Tyne. Notwithstanding 25,000 vessels enter that port durinc , the course of the yea r , no " H ome " h as b een pro videdbfor the immense number of seamen who bring those vessels into port. The Duke of Northumberland, however, is about to erect, and present to the port, a handsome Sailors' Home, at North Shields, the cost of which will be 4,0001. The land, which has also been contributed by his grace, is worth 1,0001. more. The building will have accommodation for above 100 seamen, and will be furnished with a library, savings bank, baths and wash-houses, nautical school, &c. All 'that the duke requested of the shipowners of the port, before commencing with the building, was, that they should raise 2,0001. for i t s en d owmen t . 1,6001. have been sub scribed, and the other 4001. have just been guaranteed by several gentlemen belonging to Shields. The trustees will be appointed by th e subscribers. The duke has also pro mised to erect and endow a chapel for the use of sailors. MUSICAL PROSPECTS OP THE NEXT SEASON.—The Italian Theatre at Paris commenced its season on the 15th, under the management of Colonel Regani. The opening piece was Ros sini's ever popular " Cenerentola," and Madame Alboni, Na poleone Rossi, Tamburini, Gardoni, and a debutante, Mdlle. Cambard, a Frenchwoman, but bearing the Italianised name of Cambardi, figured in it. Alboni was received with enthu siasm ; and she well deserved it, as, though not one whit less stout than she used to be—au contraire—she sang with all her wonted sweetness. Tamburini, too, was heartily welcomed; but she is not the Tamburini of former days. Halevy is writing a new two-act opera for the Grand Opera at Paris. Meyerbeer's comic opera, " The Northern Star," is still pro mised at the Opera Comique, for the first or second month in the new year. f POLICE COURT.-SA.TI7IIDAY. TrlF''' STEALING A WATCH.—Peter M t Anney, and his ort y M'Anney. who had previously been remanded, 11 1 4 , afford the police an opportunity of finding the 0 watch found in their possession, and supposecolteefoiJ were again brought before the bench. The na a t r had traced the owner of the watch, who was a s 1 " 0 w h e a n d t brothel,understoodan and searched ee n lr t i l y o Hf h e ae j th o e hn ke l e watch—he said it was his own—but the female Prf.,,, consequently it had been left at her house by an elderly gentlterifie the watch produced. The male prisoner had owner of the watch, a sailor, stated he was in e t ill! sehadar chaewd t hatatheteht house;h ne their h When road on the previous Saturday night, when he g.„;o' pany with a female, and after she left him he ...1 7d priS t u le ol " 4 watch, and also his money. The female that she had told the officer that an elderly' ge n th e left the watch at her house, and now said it 105 cutor, who had come to her house with only a pot, , pocket, and told her he would leave it until he sow in : it. The prosecutor most positively denied b e r o d house, and persisted in the statement that he„ robbed in the London-ro a I. Th e m agistrates "'f o r the male prisoner, and committed the wom an month. STOLEN SPOONS.—A lad, named George A l t charged by police officer 357, with having eT e spoons in his possession, supposed to be stolen. the officer said there were other boys, belongin,g . ,. to gang as the prisoner, had al so some s p oo ns ei-u — er i produced. Mr. Clou g h sa id th e spoons were Of value, and there was no doubt that they had he: , from the St. George's Baz a a r on th e night LI e s was on fire ; therefore it w ou ld b e diffi cu lt to nu' The magistrates discharged the prisoner. ROBBING A PUBLIC HOUSE.—john 1 001- , sailor, was apprehended near Prince's dock, by l fire, 737, about eleven o'clock on the p rev i ous niglitt 100 ing him, but at the time o f hi s appre h ens i on , e e , ci er possession some glasses on which were Mr. Swif e sek r Mr. Swift, of the " Old Fort" public home, dock, identified the glasses as his property, and j , repeatedly seen th e p r i soner i n hi s house. etof. The prisoner denied all knowledge of having t O in his possession, and said he was intoxicated and not having previously appeared before the be discharged with a caution. STEALING COPPER.—Patrick Melia, by police-officer 225 with stealing some as it was being conveyed from the dot street. The prisoner was detected by t, of stealing the copper, and the magistra for one month. FORTUNATE THIEVES.—George Willie titutes, named Lucy Gardner an d l a th e , charged with stealing a watch, but as the appear to substantiate the charge, they w , ROBBING A SAlD.—Randle M'Coy was ing a bucket from the ship " Thomas Stl aoner was detected by the mate of the vess, the bucket away. Committed for 14 day: STEALING A GOWN. —Ann Audley was ing a gown and other articles, the propert3 the wife of a soldier, n ow s t a ti one d at B e lt went to lodge in the same house as f during her absence took the clothes. Th , from off her back. The prisoner alleged chased the shawl in the Pedlars' market. to produce the person from whom she had A BRUTAL ASSAULT.—Patrick Picket/ ful-looking fellow, was charged with ha violent assault upon his wife, a rather d( looking person. It appeared that the prisone r ok apprehended some days p rev i ous l y , b u t was not roe. in consequence of his wife being unable to 0 00 wife, apparently much affected, stated that her h e ,. • been in the habit of t rea ti ng h er very badly, g 4 very bad usage, and she h o p e d th e mag i strates we out sending him to prison, bind him over. Mr. Wybergh : You must state what he dl when he was apprehended. t ° Complainant : I had on ly b een con fi ne d tin' ) , e 33. when he struck me as I lay in the bed, on the had a knife in his hand. fit Police-officer 325 said on Friday night 11 . e. 0 00 instructions from the medical man to take the P .- 0 0 , 4 4 custody, as he was threatening the life of the Iv n „ f pe` . o went to his house, around which were a great ine" .3 ' o o'ol and on going up the stairs he heard the 10° 0 0 0° 0 1 b c, murder." u ll po e n taweknitng and procured prisoner rocuredthheeashsearistadnebe.lvdai officer, o woul have her lip," an d h e h a d a k n if e in hi s t he T h h e e l d p over n h e e r r a p s l e s a n d e e d w a i s n tl o yi n n e g a t i i o n n bed. as an 0. 0 8 ; 4 ° offence he had committ e d. L A efSefi dil The magistrates said it was a most brun4 o f they had the power, by a recent act of puha , " ooa him to prison for six months. The Wife : Pray gentlemen, do not send .11 '" t I will forgive hin—l have three small ch i l dren' le °t The eg W ge e d must to make 91 '....7i 1 " e t hara s e g te a r y s e . He 7 11 u:t o : fo r . one 0.--/ti-given. The ROBBERY AT THE ...Joe... John Beans and Dan father and son, the former of whom was a custon s , o l were charged by Inspector Swaine with stealing s' from the Queen's dock, the property of Mess rs ' 4 , The police-officer spoke to taking the corn, a lar g e eet' of which was on the quay, from the Pri e ,„ - c arq was clearly proved that the father was the Fe" e a° the robbery. The magistrate discharged the o n c oe f i it was disgraceful that the father, who had ode the :property, should have been guilty of the e' po or ~tuthoritil . esf . committed him for one month. from the poor a A POLICE-OFFICER AT FAULT. —Peter Noss a n Duffy, were charged with, on the previous nigh t i be d police-officer Wilson. The police-officer, who ''ffei his uniform since th e assau lt, swore th a t h e h a d be ii , about" by the two offend ers . O n th e par t of cit ants, witnesses were ca ll e d w h o prove d t h at the Pv c ol be " f had been in Mr. Moss's shop, and taken hula ,t'e eleven o'clock, saying that he intended to have a s r s sP . l the night was over; land that at the time the alleged to have been committed, the police-offie e ,'o drunk and in fault, and i n f ac t assau l t i ng all Wne in the street. The magistrates dismissed the 0 7 s the defendants, and requested occasion, when the charge agW officer named Nelson, who hat. action, would be fully investiga 3 „0. a o lad, r l : o so c tb IOkS to s° ll tY the offlc e ,,itt t i rates cal" - mti t ,O 11 41! lams, ivi, 3 l;r,,, ierine Ar r r 4), Iy v t httd vs a ff sh e c ci j aees. r ht h :s r oh e ht o a : ga sf. a r er _rspdotdge: that! disc s a 4e : ft , e„ re di ore, purclos " a strorlP., aving CO lelicate avto. _...,0r . in me street. .J.ne magistrates dismissed the '''', ivir I the defendants, and reque s t e d th e i r a tt en d an ce ° „d 0 N I • occasion, when the charge ag a i ns t officer Wilson liP t y ' VA ) officer named Nelson, who had b een i m pli ca ted il l '44, action, would be fully investigated. 10i : ,„y 4 ~ L Parliament stands prorogued t o th e 3d Januft,„ l.l ' r 9 • At the court held at Wmdsor C as tl e on Fria'cjeo, L W. Wynn was presented upon his return fro i „ of L and Capt. 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