The Express.
London, England, 1863-12-22 00:00:00

TEE EXPRESS, TUESDAY EVENING, DECEMBER 22, 1863.

• tricia, asking fur accurate information as to the
presoak position and employment of those labourers
and factory operatives who have ceased to receive parochial
relief since toe sth Dec., 1862 when pauperism
attained its maximum in the districts referred to.
and I have now received the reports of those
relieving officers. I have, however, to inform you
that although I have obtained a collection of certain facts
in coonerbo with this milled, several of the reports are
so incomplete that I am not able to use them as a means
of giving you a precise and distinct return ; but I think I
may venture to suggest a means to you of arriving at a
definite knowledge of that which the relieving officers
are themselves unable in some case. to state, and I have
thereture selected for this purpose the statistics of pan-
perism in the Bolton Union as • basis for an estimate, be-
cause I know that they have been taken as carefully u pos-
sible. The pauperiem of the Bolton Union has decreased 40
per cent. since the 6th December, 1862 ; of That decrease Mr.
Cooper, the clerk of the union, and On several relieving
officers are wholly unable to account for 6 per ceot., but they
have ascertained that 21 per cent. (with the exception
of 1•5 per cent. who are deed) hue resumed their usual
occupations ; that 1.0 per cent. have obtained outdoor em-
ployment ; and that 3 per cent, have either migrated or
emigrated. If these proportions are applied to the Feu-
Ferraro of the unions in the cotton manufacturing distncta,
it will be found that 15,564 persons who were paupers in
December, 1862, cannot be traced by the relieving officers;
that 54,474 persons have resumed their usual work ; that
25.140 are employed in outdoor work ; and that 7,782 have
either migrated or emigrated. In making this statement I
beg to say that I refer to those persons only who were in re-
ceipt of parochial relief, and not to thoea persons who were
solely maintained by the local relief committees."
Dr. Wirth thanked Mr. Fantail for the return, and re-
marked thatit was important to the committee that these
inquiries should be followed out.
MT G. L. ASHWORTH asked Mr. Mixture what he meant
by saying that Rochdale gave the hisbut average of expen-
diture. (A laugh.)
Mr. MACLURZ said his remarks referred to the union, and
not to the township of Rochdale, where the per eentage was
only 16.8 per cent.
Mt. MAWLISSON stated that the total amount of applica-
tions made under the provisions of the Public Works Act,
and already reported upon, was 1,117,6061., and be trusted
that with so large an amount of money at the disposal of the
district the number of outdoor labourers during the winter
months would be continually and rapidly increasing. He had
seat out instruotioos and suggestions to local surveyors with
respect to the public works to be executed.
Lord &maw; asked Mr. Rawlinson whether be could
inform them what number of places actually were working
under the Public Works Act ; and what number of persons
were already employed.
Mr. MACTLINSON said he could not my ; but the Public
Works Act was rapidly beiog brought into operation over
the whole district. _ _

The resolution was unanimously adopted.
Dr. Wsrre then moved that a petition he had received
from the labourers at, the New Reservoir at Prestwich be
referred to the executive committee.

Mr. NACU:IZ having explained that the petition should
bleat to the labour committee of the corporation, lie.
Watts withdrew his motion.
_

The proeeedinp then terminated.

EXECUTIVE COMMITTEE.
The weekly meeting of the central executive committee
was held at the Town-Sall, Manchester, yesterday. The Earl
of Derby presided, and there were also present Sir J. P. Bey
Shuttleworth, Bart., Lord Egerton of Tahoe,t Lord Edw&
Howard, M.P., Colonel Wilson Patten, Y.P., Major
Egerton Leigh, Mears. It. Gladstone, H. Munn, J. Worrell,
B. Ashworth, S. J. Stern, G. L. Ashworth, H. B. Farwell,
J. B. Kay A. H. Heywood, J. Platt, T. Ashton, J. W.
Mach J u*, . Goodsir, and the Mayor of Manchester. Mr.
Raslineon wee is atteadance.

The Hooorary Secretary reported that 3451. 6a. 93. had
been received during the past week, and that the balance in
the bank wu 229,358/. 17s. 79. Two parcels of clothing had
bass received and one sent off.
Mr. Commissioner FAENALL presented the following re-
port :—" I beg to inform you that, on the 12th inst., there
was an increase in the number of persona receiving parochial
relief in 27 unions in the cotton manufacturing districts,
se compared with the number so relieved in the previous
week, of 1,697. This increase of 1,697 is explained as fol-
lows : There is an increase at Etartoe-upon-Irwell of 20, at
Blackburn, of 178, at Bolton of 73, at Burnley of 36, at
Bari of 142. at Chorltou of 342, at Clitheros of 15. at Ger-
sten of 52, at Glossop of 27, at Haslingden of 128, at
Lucas*, of 12, at Leigh of 56, at Manchester of 581, at
Prance of 182, at Prestwich of 26, at Rochdale of 269, at
Salford of 86, and at Warrington of 26 ; making a total in-
crease of 2,266. But there is a decrease at Aditoo-neder-
L us of 167, at Cborley of 10 at the Fylde of 101, at
Maoclsfield of 29. at Oldham of 64, at Seddleworth of X
at Stockport of 85, at Todmorden of 12, and at Wigan of
75 ; making a total decrease of 569, so that there is a not
Increase of 1,697. There were on the 12th inst., 130.630
persons receiving parochial relief in the 27 unions adverted
to ; in the corresponding week of 1861, 59,482 persons were
' so relieved. There is. therefore, an increase of 71,148 per-
sons in the receipt of parochial relief, or 119* per out.
In the corresponding week of 1862, 269,580 persons received
paroehial relief. The total cost of out-door relief on the
12th inst. was 8,873!. 15s. 6d.; in 'the corresponding week
in 1861 it was 2,94 W. 7a 11d. There is therefore an is-
creams of 5,1331.75. 7d., or 174* per cent. In the awe-
spending week of 1862 it was 18,638!. 4s. Id. The average
per centers of pauperisation the population of these unions
on the 12th inst. was 6*; in the corresponding week at
1861 it was 3•O ; and in the corresponding week of 1862 it
wee 13-6. The amount of money in the hands of the
treasurers of the above unions on the 12th instant was
102.8084 25."

The Hoe. Secretory stated that mita of clothing for
Use use of operatives earned on public works bad been
distributed amoort the following places in the proportions
insetioned : —To Brindle, 30 suite; Stalybridge, 56; Glos-
sop sod Hadfield, 113; Presto., 80: Dukinfield, 75;
Blackburn, 300; Wigan 69; °Horton, 14 ; Ashton, 107;
Oldham, 50 ; Stockport, ; Darwin, 25.
In the 3451.65. 9d. mentioned as received by the boo. es-
eretary during the pest week is included 1051. from the
Manchester and Sheffield Railway Company, making 705/.
(pet Mr. E. Ross), volustmily deducted by the shareholders
from the divilend warrants.

°Tante were made from the Employment and School Feed
of 1131. 14e. to Stockport; 101. se. 6d. toßibtheeter ; and
251. to Blackburn.

Grants were made for the enperintendeone of labour of
111.101. to Glossop and Hadfield ; sedll. se. 6d. to Stack-
dee&

Gnats were made from the general fond to the following
plied :—Hurd, 1201. ; Medley, 101. ; Broadbottom and
Cbaziesworth, 501.; &beholder, 301. ; Holliagton and Bei-
sow, 251.; Tiatwiale, 1001. ; Tonge-eum-Allungtoo, 25/. ;
Glosecop and Hadfield, 1,8001. ; Rollie wood, Z 5/. ; &mbar
bridge, 1001. ; New Mills. 601. ; Beresden, 201. ; Salford,
7001.; Heywood, 500/. ; Paileworth. 751. ; If ulme, 6001. ;
Little Hayfield, 60/. ; and Wilton, 504

SPORTING INTELLIGENCE.

TATTERSaIia—MorrDAT.

A very thin "hums" this afternoon, end the transactioas
on future events. equally unimpottant, the only feature
worth comment being the desire to back Apennine for the
Derby, 30 to 1 having been taken freely. Closing prices:
TWO THOUSAND GUINEAS.
6 to 1 agst Mr. Ten Broeck's Paris (t)
DEBBY.
10 to I agot Mr. Merry's Scottish Chief (off)
16 to 1 Lard Stamford's Oklahoman (t)
100 to 6 Mr. W. Pitman's Blair Athol (t)
20 to 1 Lad St. Viaceat's Forager (t)
25 to 1 Mr. W. Day's Historian (t)
30 to 1 Mr. Naylor: Apeemios (t)
30 to 1 Sir Joseph Rawky'a Birch Broom (t)
1000 to 10 Mr. G. Brysn's Moms Marine (t)

THE ell Y WARDMOTES.

Aunnisnsrs.—Aldernmii Begley presided. The,
geatlemea who bad been returned by the several precincts
did set Mazda the name of Mr. Frame, who was also •
candidate. Mr. Herring therefore proposed, and Mr. Short
seconded, Mr. France as a fit and proper person to represent
the ward in the Common Council. The followiag names
were then put to show of bands : —Mr. Fowler, 72 votes ;
Mr. De Jersey, 65 ; Slr. Sewell, 63 ; Mr. Pattesoo, 81 ; Mr.
Larkin (Deputy), 62; John Thomas Norris, Faq., M.P., 68;
Mr. Sims, 30 ; Mr. Chaplin, 58 ; Mr. Frame, 26. Mr.
Herring demanded a poll on behalf of Mr. Franca.
ALIA:ATL —Alderman Lusk presided. The fol-
lowing
names were proposed and seconded as fit and proper
reous to be the representatives of the ward—via., Mann.
Davies, Breadwater, Rogers, Whiteside, Bucknall, Teuton.
Isaacs, Hudson, Burnell, and Turoley—when on the show of
bends there appeared for Mr. Davies, 46 ; Mr. Broedwater,
37 ; Mr. Roger., 35 ; Mr. Whiteside, 37 ; Mr. Bucknall, '
30 ; Mx. Teulon, 40; Mr. lemma, 31 /fr. Hodeon, 14 ; Mr.
Burnell, 31 ; and Mr. Tnrnley, 21. The Alderman declared
the first eight highest elected, but a poll was demanded on
behalf of all the losing candidates.
BRIM; E. —Mr. Alderman Abbiss presided in this
ward, in which there were several candidates for the
mats rendered vacant by the roogeation of Mr.
Pay. The mayoral candidates were Mews. Powtrees.
Hartland, Whetham, Matthews, Blake, Johnson, R.
Taylor, Wm. May, H. Cover, B. P. Taylor, and ,
Thomas Mona. The latter four gentlemen were the
new candidates. Up°n a show of hands the election
was declared to have fallen upon Mr. Hartland, 46 ; '
Mr. Whetham, 44 ; Mr. Pewtreas, 42 ; Mr. B. Taylor, 41;
Mr. Matthews, 38 ; Mr. Blake, 38 ; Mr. Johnson, 27 ; Mr.
Wm. May, 26. A poll was then demanded on behalf of
Mr. Taylor and the other candidates.

,
BILZAD -fiTIMILT.—The Lord Mayor presided.
On the names of the old members, Meows. W. Haw-
key (deputy) Nicholas Maugban, F. Mayurd, Ames flAngt
Iris M'Cutchro, M. M•George, W. Alncet• and
1111, being put, Mr. Alfred James Cole was proposed, and
ori a show of bands, declared elected, bat • poll was then
demanded on behalf of Mr. Aloha. _ _

BILLINGSGATE. —Mr. Alderman Sidney, M.P.,
presided. There was no oppositiou. and the following
gentlemen were unanimously re-elected member of the
Common Council for the ensuing year : Moan. W. North-
met, H. J. Gibbs, Bower (deputy), J. Roberts, J. Cans-
toe, B. !Bowman, J. T. Young, nod H. Gibson ; Mr. C.
Meek was also re.electedwerd beadle.

Baoso-smErr.—Alderman Sir John Musgrave
Bert., presided The following gentlemen were sleeted ed
without opposition :—Mr. J. Humphreys (deputy), Mr. C.
Wades, Mr. W. Cos, M.P., Dr. Thomas Abraham, Mr.
W. Hartridge, Mr. T. W. Foster, Mr. J. 13soister, and Mr.
D. Sims.
_ _

BIBHOPSOATE.—AIderman W. T. Copeland pre-
sided. The show of hands was io favour of the following
gentlemen : Mr. Thom■s Fricker, Mr. Thomas Owden
(elsputy); Mr. James C. Edmiston, Mr. Thomas Smallwood
Richards, Mr. W Jones (deputy ) ; Mr. Metcalf Hopgood,
Mr. R. Stapleton, Mr. Joh. Richardson, Mr. George Kerr;
Mr. G. N. Johnson, Mr. Fraderiok Dadswell, Mr. J. H.
Heaps, Mr. John Thomas. Mr. G. W. Cuming Dean. Mr.
Samuel Straker, being the lowest, a poll was demanded on
his behalf.

Biisoinsw.—The Lord Mayor presided. Tile
followiog old members of the Court of Common Council
were re-elected :—lteurs. Faller (deputy), Lister, Locke,
and Carritt.

CORNHILL.—Mr. Alderman Carter presided.
The old members, Mears. Edward Harrison (deputy),
James Waterlow, Henry Hoppe, David Shrewsbury, Thos.
Games, end Alfred James Waterlow, war" r,:tdoeted, . .

Cairrxidues.—Mr. Alderman Challis presided.
MUM Read, W. King. Cuthbert, J. Sewell, Stillwell,
W. Morin e, and D. Smith, the old members, were reelected
without opposition.
CANDLEWICK.—Mr. Alderman Dakin presided.
There was no oppoidtion to the return of the former Com-
mon Councilmen, viz.: Mr. J. H. Elliott, Mr. F. R.
Frinseby, Mr. R. Rowe, Mr. J. S. Mundt, Mr. J. K.
Farlow, and Mr. J. C. Evans.. . . .

Cssrca BATNARD. —Alderman Gibbons presided.
Mr. S. C. Hadley having retired, the following gentlemen
were put in 11003iDAL1011 : Messrs. Farrar, Cockerel],
Webb, Blakealey, Silverside, Parker, Longden, J. H. Hale
and Thomas Douglas, the two latter being new candidates,
and upon a show of hands Mr. Cockerell was declared to
have the smallest number held up in his favour.
CHEAP. —Mr. Alderman Allen presided. The
following members were re-elected without opposition
Penning (deputy), J. Thorpe, L. Houghton,
W. J. Stewart, S. Gibbons, John Bennett, and W.
Barnes.

RDWAINERS.—Mr. Alderman &lemons, M.P.,
preaidad. flours. Thomas Lott, Crowbar, Joyce, Taylor,
Lamb, and Saunders were re-elected to mprasant the ward
in the Court of Common CounciL _

CalmsArs-eraser. Alderman Hale presided.
Mr. Wealsll proposed and Mr. Elliott escoeded the amine-
the of the followitg gentlemen, who represented the ward
at tbs Common Council during the past year—vie. : Messrs.
NMl's, Fox, W. Webster, Saunders, H. Haliaes, J. Hob-
son, and R. P. Harding. Mr. Wilcox proposed Mr. A.
Digby, Mr. E. Lawrence nominated Mr. E. Hart, sod Mr.
Harcourt proposed Mr. Sheriff Cave. A show of heads was
thee taken with the results as follows: Mr. Webster, 45 ;
Mr. &Lueders, 44 ; Mr. Perkins, 42 ; Mr. Hoboes, 40 ; Mr.
Haines, 35 ; *Mr. Digby, 34 ; `Mr. Hart, 34 ; Mr. Fox, 31;
*Mr. Cave, 29 ; Mr. Harding, 29. *New esadidates.
CILIPPLBOATZ WlTHlN.—Alderman Challis pre-
sided. Thee was no opposition, sad Masan. Lloyd (deputy),
B. E. Brows, J. Parker, B. Spileburg, J. Fdmoede, J.
Burkitt, W. Bras, and H. Jones were neanimonaly elected.
DOWOATIL —AlderM all Sir R W. Carden pre-
sided. Messrs. Thomas White (de ty), Hoerr Eebbel,
Jeremiah Cola, Francis Wyatt Trusoott, John Kearns,
sod Wm. George Barnes, were proposed for reelection, and
were re-elected.

FARRINODON WlTlllll.—AlderMllll Phillip pre-
sided. There was en opposition in this ward oonsegueetupon
the resignation of Mr. Aldermen Laughlin. The following
were the candidates proposed :—ldesara Randall and Reed
(deputise), Morriss, Phillips, Whither, Kelday, Dolland,
Beogmgh, Glover, Bodkin, &glisten, Cheatham, Tyler,
Crisp, Car' Botterill, and Warwick. the latter four named
= ter being sew candidates. Upon a show of hand.,
Morriss, Chambers, and Tyler were announced to be
unsueoessfid, and a poll was demanded.
FARRUIGDON WlTHOUT.—Alderman Sir James
Deka, Bert, Y.P., presided. The following gentlemen were
re-elected :—Mr. James Lusher Mr. S. Green, Mr. Geo.
Seawall (deputy) ; Mr. Wm. Thomas Bedford, Mr. Edward
Midwinter. Mr. James Higgins, Mr. James Butch's, Mr.
William Payne, Mr. William Lesley, Mr. R. N. Fillips, Mr.
Geo. Sashay Faller, Mr. Robert Obteredenoth):
Geo
rge Walter, Mr. Thomas Cothw as ell Mr. J. Anderson,
Emend Pim Spiller.
LANGnOURN.—Mr. Alderman Waterlow pre-
sided. The old members were re-elected, via, Mr. 8.
Cowin (deputy). Mr. T. Beefing, Mr. C. Sally ' Mr. T.
Webber, Mr. J. Symons* Mr. J. Medwia, W.llswett,
Mr. J. Kelsey.
Luez-nritarr.—Alderman Mechi presided. The
old members, Messrs. Cock (rloPuty). Symons, Harris, end
Simpson, were unanimously re-elected.
Poarsom.—Alderman Moon presided. Two
new candidates were nominated in lime! Mr. Deputy Annie,
resigned—Mersa Woodier and limber. On the show of
hands being taken the cumbers were as follows:—Mr.
Christie. 42 ; Mr. Barber, 42 ; Mr. T. E. Smith, 40 ; Kr. D.
King, 38 ; Mr. R. Ellis, 35 ; Mr. Bose, 33 ; Mr. Dee* 33 ;
Mr. Israel, 28; and Mr. Wandler, 27. A poll was demanded
on behalf of the latter two gentlemen.
QUIENHITEZ.—Mr. Alderman ROM, M.P., pre-
sided. Messrs. Rathhoee (deputy), Burrows, Terry. Todd,
M•Doogal, the old members. together with Mr. J. Walker,
in the plea of Mr. Raymond (resigned). were elected.
Tows—Alderman Finnis presided. Mr. De-
puty Bunting baring resigned, Mr. Northway, anew candi-
date, was elected without opposition to fill the vacancy.
The following were accordingly declared to be of the Com-
mon Couecil for the year ensuing:—Mews. H. Nissen
(sheriff), L. Redhead. T. B. Humphreys, J. Young. jun..,
.1. Malcolm, H. H. Heath, J. 8. Booming, end J. North-
Way.
VlNTRY.—Alderman Gabriel in the chair. The
old members were Messrs. C. Gammon (deputy), W. D.
White, G. Meson, H. Field, E. Burke. and R. Tress. Mr.
Truss retired, and there were several candidates for the
v , bat Mr. C. Robinson was declared to be elected,
oazZaWs. Gammon, White, Mason, Field, end Burke, to
represent the ward in the Court of Common Carnal for the
ensuing year.
WALBROOK.—Mr. Alderman J. C. Lawrence pre-
sided. The following old membered' the Court of Common
Council were unanimously re-elected, via. ; Messrs. Fry
(deputy), Cotton, Rowley, Murrell, Linke. and Palleit.

lab) Inttiligtna.

COURT OF QUEEN'S BENCH.—Dic. 2L
SECOND COURT.

After Term Sittings at Nisi Prins at Guildhall.—(Belore
Mr. Justine Blackburn and a Common Jury.)

NON•AITRNDANC6 OF JURORS.

During these.iiiiiii;;;;;;;ljiress---iree been fined eds.
each for non-attendance. This morning Mr. Justice Black-
burn imposed sn additional fine of sf. each for their con-
tinual absence without excuse.

PRAILL r. DIXON.—LIBIL.
This wee= action for libeL The plaintiff pleaded not
guilty and a justification.
Mr. Salem iPanyand Mr. Oppenheim were counsel for
the plaintiff ; Mr. Oeo. Denman, Q.C., and Mr. Mundell
were counsel for the defendant.
. _ .

The plaintiff was employed in the construction of the
new Westminster-bridge, and was otherwise employed
there under Mr. Page, the architect, The defendant was
the day time-keeper there. The libel complained of was
contained in • letter written on the 7th April. 1863, by the
defendant to Mr. Austin, the Secretary of Public Works,
viz., " I have likewise information of the most ingenious
fraud carried err by Frank &aril in measurements, in load-
ing and unloading bargee, and in giving in time to the time-
keeper. This reformation is from an indisputable
source, and thief will give in another letter." The defendant
pleaded as • justification that a man named George Wil-
liams had wished to obtain a contract, but had been pre-
vented by the plaintiff, and that by • trick or contrivance
he had pretended that a larger number of workmen had
been employed by him than was really the cue, with a view
to obtain • larger advance of money than he was entitled
to during that particular week. The defendant farther
alleged that the plaintiff hid charged full loads for par-
tially filled bargee of drift. The plaintiff contended that
the letter was written with malice, and not in good faith.
The present action was brought to vindicate the plaintiff's

MTi;urtin produced the letter, but mind the question
of privilege, it having been written by a servant in their
employ.
Mr. Justice Blackburn said • question of privilege might
hereafter arias, but there was then no legal objection to its
production.
The plaintiff deposed that be was a carpenter, but was
then employed under Mr. Page. He had taken a dredging
contract. He deprived Williams of a contract, new ob-
tained one of which he had been deprived. Bryant, an
employee of the government, measured the barges before
they went away. He had Dever charged for more people
than he had employed. He received advances according to
the work done and the number of men employed. The
men worked according to the tides. A man could not come
in twice and make a double charge. Defendant neglected
his work as timekeeper, and did not go round to see them
at work because he was drunk. He had made a complaint
of the defendant's intoxication. He, with other contractors,
refined to contribute towards a gold watch and chain as a tee-
timoniel to the defendant, on the ground that they thought it
was more than he was worth. Defendant Naked plaintiff to
contribute, but be refused.
Cross-examined—Defendant was discharged for intoxica-
tion. The men had to pass through a gate where they
could be counted. The more work was done the more he
was paid. He never oomplained to the defendant of his in-
toxication, because he was "too tight " to understand him.
(Laughter.) lie never said it was may to send men in at
OM &or and out at another, by which they might be
counted three or four times, nor anything of the kind. He
talked to the defendant as a friend till he found him out.
He never told him that he had 2,000/. in the beak, nor dad
he ever mention it to a man named Gooch, or may that he
sent the barges away half full .
Mr. Page, chief engineer. Mr. F. W. Bryant, civil engi-
Deer, Robert Hastings, night-watchman. and afterwards
' day timekeeper, and others, were called to rebut the
charges contained in the libel.
. . . .

Mr. Denman, in stating the defendant's case, said he had
acted honestly to the discharge of an office of trust towards
his employers in communicating to them certain informa-
tion which had been given to him. It was notorious that
contractors some times were not the moat honest men,
for they became suddenly and miraculously rich ; and there-
for* it was the defendant's duty to make known to his em-
ployer the information he bad received. He contended there
was no proof of malice, and the defendant wu entitled to
their verdict.

Stephen Gooch, a contractor, deposed that io 1861, the
plaintiff, in a conversation they had togetber, told him be
bed 2,0001. in the bank, and 'witness replied be was a lucky
fellow. Plaintiff told him he bad the key of the side door,
and that his men went io and out two or three times a night,
and were as often counted. In another conversatioo, plain-
tiff told him he had an opportunity of getting his barges
measured two or three times over. He mentioned the con-
venation to the defendant is 1863.

Cross-examined—He considered the plaintiff was robbing
the government Iran what he said. He did not mention it':
before 1863, because he thought it was the duty of a man to
detect the dishonesty of his own servants.
The defendant was called, and deposed that he was still
in the employment of the government. Plaintiff reported
him, and he told him it was a mean action. That was the
only quarrel they bad had. Gooch volunteered the mover.'
cation to him about the bargee. He should have discovered
it if it had happened in the day time. He made the com-
municationto Mr. Austen. When the attorney wrote to
him for an apology, he informed him he had the information,
from Gooch. He collected 1,1001. from die men for the
widows of the men killed on the works, for which it was
proposed to give him a piece of plate, but be said he would
rather have a watch and chain. He never said be would
write to the Board of Works, or that he would have some
money out of the contractors.
Crose-examieed—He had known Gooch for some time,
land believed him to be an honourable man. He could not
tell what motive induced Dim to mite to the Board of
Works other than his duty. Plaintiff never once complained
of his being drunk. On one occasion when they had a
jubilee upon the completion of some of the works, they
all enjoyed themselves, and the plaintiff put him into a cab.
Joseph Wright, a bookseller, deposed that in 1861 be saw
the plaintiff with others in Ginger's Hotel. He was two
parte drunk, and said in a jocular manner to those about him
that he had 1,0001. in the bank, but that when he came
to the bridge he had not a penny. He said they did not
know how to do it, but he had barges measured three times
over. _ _

The jury returned a verdict for the plaintiff—damagesloi.

COURT OF BANKRUPTCY.—Dec. 21.
(Before Mr. Commierioner Holroyd.)

The bankrupt was a merchant, of Lombard-street. and of
Pimlico. Debts, 1,4904 ;no amen It appeared that the
bankrupt been in partnership, and the -books being in
of his partner he could render no account of his
profit'. His partner signed the bills, and he wu only oor-
respoodeot.
()n the application of Mr. Gooddsy, for the official assig-
nee, the order of discharge was adjourned, the bankrupt
passing his last examination.

111 L CAPTAIN NINNY BENTINCK COATRUPE.
The benkropt, who came to the court on his own petition,
was deseribmi as formerly of Clifton, in the county of
Somereet, and of the Staff College, Farnborough, captain of
the 72nd Highlander', and shipowner, at the same time
carrying on business at 360, Oxford-street, in partnership
with William Preece, sa mercurial clockmakers ; also of
Hampstead and Leadenhall-strest, in partnership with F.
H. Waltham, as theneent; and late of Abingdon-place.
Kensington, out of business. His debts are 5,2561. He
attributes his failure to " losses on the purchase and sale of
ships, and lose on the purchase of patents." In the &bosses
of accounts an adjournment of the examination meeting took
place.
(Before Mr. Commissioner Goulburn.)

LN RI TABORA/1.-PROCEEDINGS FOR OBTAINING ADJUDICA-
TION AGAINST A DEBTOR RESIDING ABROAD.

Application was made a few days ago for an adjudication
of bankruptcy against the above•narued debtor, formerly of
Croydon, but now residing in Francs. The only question
raised in the octane of the argument was whether the debt,
which was in respect of calls on shares in the Waterloo
AssuratiosCompaey, had been contracted mince the passing
of the Act of 1861. It was contended on one side that the
debt was contracted when tbe shares were subscribed for ;
and on the other that it only accrued from the time when
the order fora call was made by the Vice• Chancellor.
His Honour said he had appointed today for giving
jtriztin the matter ; but on looking through the pro-
o be fond that there was no affidavit of a piratical
service of the petition on the debtor.
Mr. Chidley (for the debtor) said he hod put upon the
proceedings an acknowledgment ba the debtor that be had
received it, and the date when be had received it.
The Commissioner—That won't do.
. .

Mr. Chidley—There is to necessity for at affidavit when
the party appears.
His Honour differed from that totally. This vsu certainly
sot sufficient. He might soy, " I have received it," if it
had been sent by poet; but the act imperatively require
personal servies, and of this there was no proof.
Mr. Chidley said the parties had agreed to save expense,
that this admission of service should be given.
The Commissioner—That is, you agreed, to make an act
of parliament for yourselves.
Mr. Chidley submitted that the evidence of the petition
having reached the debtor was sufficient.
The Commissioner—Can you prove that it sus personally
served ?

ilidley said be could not.
His Honour maid he should decline to adjudicate on the
ground that there was no affidavit of personal service on
the debtor. It was for the parties seeking the adjudication
to show that every reasonable effort had been made to
effect personal service.
On the application of Mr. Knight, for the creditors, time
was given either for pereonal worries, or, if that could not
be effected, for such other service as the court should direct.

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—Leese, Die. 21.
The commission for the county of Boson was opened in
this town thin morning by Baru Pigott, and his lord-
ship al terwarde west to church, and at 11 o'clock took
his seat in the court, and proceeded to charge the grand
jury. The caleodar rooted= the Dames of 18 prisoners,
thirteen of whom are committed from the eastern sad Ire
from the western division of the county.
Baron Pigott, in the course of his charge to the grind
jury, said them were two charges of ma slaughter anion
out of fights ; he did sot man what were celled
prize-fights for mosey, but in personal struggle* between
the parties who were charged as principals and
those who acted as seconds. Is one of these
case* it appeared that the doomed mm had given
the prisoner great provocatioo, and insisted upon the
fight taking place, and that in the heat ot the quarrel and
the excitement that prevailed the primmer and the deceased
adjourned to • neighbouring field, where the fight took
place, and the result was that the deceased, who was the
=Tr. lost his life. In reference to this cue he would
that the law did not unction in the slightest manner
the course of proceeding that war taken by theme parties, of
deciding their dispute by • personal struggle, but having
regard to such a struggle having taken place at the moment
sod dories hot blood, it considered the act of homicide did,
sot amount to the CAM* of wilful murder, and the
greed jury would probably fed themselves justified ia
this particular case is returning • bill for manslaughter'
only. The other charge was one of • different character,
and he was afraid that if the facts should be proved before
them as they appeared in the depositions it would be
their duty to return • bill for wilful murder, as it appeared
to him that, in law, the principal and the persons who
had acted in the capacity of seconds had undoubtedly ren-
dered themselves amenable to that charge. There ap-
peared to be • very prevalent opinion that where two
peewee went out to have what was called a fair stand-up
fight,aed no weapons were made use of, that they did not
reader themselves liable to very serious consequences if •
fatal result took place under such circumstances. He must,
however, tell them that any persons who entertained such
an impression were very much mistaken in their view
of the law, and that when two persons went out with
deliberation to do persoul injury to each other,and death
ensued, the offence was wilful murder, sod the only circum-
stance that could reduce such an act to the lamer crime of
manslaughter was where the struggle took place in the
heat of blood, and under the excitement of • quarrel. It
was weU that this should be known by all, and that it
should be understood that where two persons went out
with deliberation for the purpose of engaging in • personal
struggle, whether for money, to we which was the best man
as it was termed, or for mere sport, and death resulted to
one of the parties, the offence was wilful murder, and
nothing else. He had no hesitation in laying this
down as the law upon the subject—it was very
old law, and it had been distinctly so laid down by
Mr. Justice Pattuon may years ago and there was no
doubt that it applied equally to the case of • prize fight as
to any other descriptiou of personal 'acoustic. The law
did not acknowledge any other description of mitigation to
the crime, except where the struggle took place in the heat
of blood ; and although many persona might think it was
a very different owe to an act of murder by poissaing, or by
the use of a deadly weapon, the law did not acknowledge
any such &athletics', and it could not be altered, and they
were bound to abide by the rules of law as they had been
laid down. He therefore on the present OCUIIOII did not
shrink from telling them, in reference to the aimed cane to
which he had alluded, that if it should be proved that the
fight was deliberate, and did not take place wider excite-
ment, or in heat of blood, the offence of all the parties con-
cerned was wilful murder, and nothing else, and it would be
their duty to return • true bill for that offence.

kkert Saunders, 27. a " navvy," was charged with the
manslaughter of George Goble.
kir. Wyatt prosecuted.
The deceased and the prisoner were both labouring men,
and on the 27th of October the prisoner went into the
Oaken late public house at Amberley, and the deceased
ordered the prisoner out of the bar room and endeavoured
to farce him out. After this the deceased wanted the
prisoner to fight him, and he refused, but at length he
to go out on the green before the bonne,
Wri= a fight took place between them. During
the struggle the prisoner wanted to leave off,
fighting, and mid be would give in, but the demised
would not allow him to do so, and said he would have
another round or two. The fight, accordingly, went on. and
just before it was brought to a conclusion the prisoner
threw the deceased with great violence and fell upon him,
and his head muse in contact with a stone, which mused an
injury that resulted in his death on the following morning.
The evidence all went to show that the struggle was what
is called a fair stand-up fight, and there appeared to be no
doubt that the deceased was the aggressor, and that he had
forced the contest upon the prisoner.
The jury returned a verdict of Guilty, coupled with a re-
commendation to mercy on account of the circumstances
under which the offence was cominitek

Baron Pigott, in passing sentence, said there could be no
doubt that the notortuuste deceased bad brought the mis-
chief entirely upon himself, and that the prisooer had done
all he could to present the encounter from taking place.
Under all the circumstances, he considered the justice of

the ease would be satisfied by his ordering the prisoner to
be ion for two mouths from the date of his com-
mit so that be would be set at liberty is about a week.
George Burns, 19, • rufilanly-looking young man, was
charged with • felonious assault upon Jape Bomface.
Mr. Lumley Smith prosecuted.
The offence imputed to the prisoner was one of • most
separated character. It appeared that the prosecutrix was
thedaughter of &labourer working at Bolting, near Arundel,
and only eleven years old. On Use 22nd of July she was
sent to fetch some cabbage pleats at her grandfather's, and
as she was returning home at a lenely part of the road she
met the prisoner, who seized bold of her and threw her
down, and committed the act with which he was charged.
Not satisfied with having effected his purpose. it appeared
that the prisoner afterwards robbed the poor little girl of
two shillings she hai io her pocket, and then endeavoured to
make his escape, but was fortunately apprehended near the
spot. The evidence of the surgeon left so doubt that the
outrage with which he was charged had been fully com-
Plead.
The jury, without the slightest hesitation, returned •
verdict of Guilty, and the prisoner was at once brought up
for judgment, and seutenoed to three years' penal ser-
vitude. _ .

The leniency of the sentence appeared to excite the at-
most astonishment in the court.