The Express.
London, England, 1852-01-15 00:00:00

THE EXPRESS, THURSDAY EVENING, JANUARY 15, 1852.

Rau Intelligence.

EQUITY couirrs.—YiurrzaDAT.
v.CIWICILLOR &II IL ILIMML/ZT.
CLIIIIIVITS O. BoW?4.—ItAILWAT LIAJIILITL

DENuituam.

This was a demurrer Fotiii;niolequity cad for want of
parties to a bill algid by the plaintiff, Benjamin Clements,
on behalf of himself and all other the shareholder., accept
the defendants, in a proposed company all the Hull and
Lincoln Direct hallway Company, against the defendants,
who formed the Nuance committee of that company. The
bill stated the projection of the company in the 1814,
and the various ciressastauces antecedent te!ut application

to parliament for a bill. it then stated that its act was
applied for on behalf of the projected company, Milli a sum
of 26,2.501. was suacribi fur and deposited with the ac-
countant-general in can !amity with the standing orders, and
leave given to bring in the bill; that the bill was, how-
ever, thrown out by the House of Commons, and the
scheme fell to the gruund. It then stated that the dere--
dean were appointed a finance committee, and the sole
mensgernent of the funds of the shareholders was placed in
their hands, and they were authorised to make out the ac-
aunts of the money subscribed and to be answerable to the
shareholders in respect of all caste, payments, and expenses.
It then stated that the sum of 17.. 6d. was returned to each
lithe shareholders upon the sum of 21. paid on the shares ;
Hat the plaintiff refused to accept this payment, but de-
Beaded a return of the whole deposit paid by him upon his
shares. Tho bill then prayed that an account might be
taken under the direction act the court of all the moneys re-
ceived by the defendants in respect of the deposit of the
shareholder., and that the surplus, after allowing
for all costa, charges, and expenses paid by them
might be apportioned rateably amongst all the
shareholders. It appeared that the plaintiff had
originally taken 500 shares in the company, but had Nohow-
guently purchased, through his broker, 310 other shares,
which latter shares he had deposited with a third party, by
way of security for certain money to which he was liable
for costs in an action brought by him against one of the
defeudants for recovery of his deposits, but in which action
he had failed, and in respect of these latterehares he had
accepted the 17s.
Mr. Matins and Mr. Miller appeared for the demurrer,
and Mr. Willoock and Mr. White in support of the bin.
The Via-Chancellor, without hearing counsel for the
bill, said he should overrule the demurrer. Tho first
ireend of demurrer was, that a sufficient account had al-
le* been rendered by the defendants, and the plaintiff
emelt net to be allowed to sue the defendants solely in re-
spent of such matters. Now, whether the account was
effildentory or not, the rendering of an account could not
pelmet a person from filing a bill, to have an
glinnlat taken under the authority of the court.
no mood ground of demurrer was, that the plaintiff
Slehapp peopsded under the Winding-up Act, and
tae hieing provided that mode of settling
doe abbe et en imbeete railway company of this knell,
ebb sweet ought not to allow the plaintiff to proceed
again the defendants by filing a bill to have an account
taken. Now, without stating whether, if there had beea
an existing order fur winding up, he should then ban sip
lowed the bill to proceed, he was clearly of opinion it wee
not a good ground of demurrer to say the plaintiff should
not have his remedy by bill, merely because he might
apply fur a winding up order, and that such application
might prove successful. His Honour by no means took it
for granted that such an order would in this case be grauted,
but es to that he would give no opinion. From his own
experience he had been led to this conclusion, that however
great might be the difficulty of promoding under a suit for
this sort of purpose, the mieshief eseadoned to all parties
was mach greeter by premed* under the Winding up
Act, but the reel IlleSedell was whether the legislature, in
providing a remedy under this act, had excluded the re-
medy by bill flesh anaking certain individuals who had
received hems nemiher of shareholders account for
the mosey, filer aliening fee all costs, charges, and ex-
penses incurred by dim. ewe distributing it pro rata, ac-
cording to the number of IMMO taken. It could never
have been the intention alike legislature to oust the juris-
diction of a court of equity in such a cage. If it had, then
the intention should have been expressed in the act. It
was plain that where the court had already jurisdietion
that could not be taken away by another sort of relief Win
provided, unless under an express direction to that awe.
On this ground, therefore, he was of opinion that the dr
murrer was not sustainable. Then as to the demurrer fee
want of parties. The demurrer itself euly pointed out taw
defects in the bill with respect to parties—first, that the
shareholders, who did not receive back the 17s. ed. pee
share, were not all made parties, the plaintiff himself being
one of that dam, as he did not receive that amount wpm
some of his 'hare., though he did upon others; end, so•
condly, that those who did receive the 17s. Gd. were net
made parties. Upon this subject his opinion was that both
classes had a common interest in the relief sought by the
bill, since those who had received the 17s. Gd. would still
have to receive any further sum which might be found due
after those who had oat taken the 17s. lid. bed received
that sum and after the expenses had been paid,
and he was also of opinion, need all the authorities,
that where the number of shareholders was so great (as in
this case) that they could not all bo made parties, ma of
them might sue ou behalf of the rest, and it was clear that
whether the others chino to consider it for their benefit or
not still they all had a similar interest, and in that repose
the plaintiff was justified in filing this bill. It bell dee
been argued at the bar that another classes( persona web.
to be parties, namely, those persons who had acted as direr
tors of the projected company before the finance committee
were appointed. Now the only persons mentioned upon
the face of this bill as having the management of the &Wiles
of the company were the finance committee, and though it
might well be imagined that there were other persons who
hail acted as directors, still what appeared open the bill
must be taken to be the truth, and for the pupae of
this demurrer it must be considered that there was no
other bodyef directors different from the anew* imenvelttee,
but suppose there had been such a separate body, they
could have no interest distinct from the other shareholders
in respect of the particular relief sought by this bill. If
the bill had sought to make the directors liable for any mis-
management of the affairs, then the nue might have been
different; but it only 'eked tor an account and distribution
of the monies received by the finance committee, after
allowing for the costs, charge*, and expenses. Under these
circumstances, he considered that the five individuals who
constituted the titmice committee, and were made defend-
ants to the suit, were all the parties against whom the
plaintiff, according to the statements in the bill, need pro.
aced to obtain the relief he asked for. The demurrer must
therefore be overruled upon all the different grounds raised
on behalf of the defendants.

COURT OF QUEEN'S BENCH.—YESTERDAT.
Strruseues Ilusco.—lllemeas loss Criersifu., Ka. lam= P•rrs.os,

MIL MTICI COLMOOII. •211) lle.Josnes WIMITILM

Sia G. COCENTEN AND OTIIIIIII O. Till CIMICHITML-
DENS ♦ND °MOTEL or ST. MARTIN-IN-TNI-FIRLDS.
—UNITED SEKTICE INSTITUTION.—JEDOMENT.

Lord Campbell gave judgment in this ease, which had
been argued before his brother Coleridge and himself.
The court was of opinion that the meessment upon
the appellants wm properly made. The United Ser-
vice Institution was founded, and appeared to have
flourished, before the act of which the appellants now
sought to take advantage was in existence, without being
brought within the act, and the court hoped it would
long continuo to flourish. They were of opinion, however,
that the order of sessions and the rate appealed against
ought to be confirmed.

COMPTROLLik Or TUB HOUSEHOLD.
Lord Mulgrave took the usual oaths before Mr. Justice
' Wightman on hie appointment to the °Mee of Comptroller
of her Majesty's Household.

COURT OF COMMON PLEAl3.—YzazanAY.
Stemma is Sacco.--Ilareas (m lemma lea t% Me. JUIRICE
MAULS. Ma. Jessica CAMIWILLL, 41.0 Ma. James WILLIAM... •
WARD Y. LOILD Lon 01311011 Or OM.—Tai DEAL A.XD Dovaa
RAILWAY COMPANY.
This was an action to recover, as money had and received,
the amount paid by the plaintiff ss deposit upon certain
shares allotted to him in the Deal and Dover Railway Com-
pany. The defendant was chairman of the provisional
committee of this company, and the ground upon which it
was sought to make him liable to repay the money paid
by the plaintiff upon his shares was, that the consideration
upon which the payment was made had totally failed, the'
scheme having been abandoned. The trial took place
before the Chief Jastice at the last sittings at
Guildhall, when a verdict was found for the
plaintiff for 210/., the emount claimed. At the trial
Mr. Serjeant Byles, for liird Londesborough, tendered a
bill of exceptions to the summing up, for the purpose of
taking the opinion of the Court of Error, but this course
I was subsequently abandoned.
Mr. Serpent Bytes now stated that as the bill of excep-
tions had been tendered be had no leave to move for a non-
suit, and his motion would therefore be for a nee trial,
upon the ground of misdirection. At the trial a circular
letter and a letter of allotment were admitted in evidence,
but it was now submitted that this evidence was impro.
perly received, inasmuch as, first, the circular letter
required a stamp secondly, the letter of allotment required
a stamp ; and, thirdly, there was no evidence of the sending
of the letter of allotment to the plaintiff. The misdirection
complained of was that the Chief Justice, notwithstanding
these objections, admitted the circular and the letter of al-
lotment in evidence.

767i;,.;;,pa.. said Mg Uwe had hen dishiest in
the Court of Error—of mane bind* wen lib amt.
which disposed of the points soh; there wesl4 there-
fore be no role.

Rule refused.
In the ease of " Beardshaw v. Lord Londesborough" a
siailar motion was made, and tho court refused the role.

COURT OF EXCHEQUER.—YgrnaDAY.
arrow no BA.oo.—Fhtromt rev 10s. QM. DA annr, Ms. BARON
Pan; it..e.mem ALDIIMV., AND Mi. BARON MAW..

HOME O. BALDWIN.--LISSL.
This was an action for libel which hid been bronsht by
Miss Hoare against the proprietor of the Morning Herald
newspaper. The can was tried before the Lord Chief
Baron it the last sitt'ngs at Westminster, when a verdict
wag peal for the defendant.

Mira awe sow moved for a rule to sbow cause why
tbror amid mei 611 • new trial. The plaintiff addressed
lb ma" M peel brag*, and complained of the improper
=limilmissible evidence and of the improper ad.
ofet widenee. She also complained of misdirection.
Mr. luaus Parke said he was of opinion that there
Mould be or rale mated. He had listened with attention
to the siliptioos et the &iota; and could sot dimmer

any ground in point of law for granting a new trial, or any
mason to believe that subetautial justice had not been dune
in the case. The rule must theta's* be refund.
The rest of their lordships concurred.
Rule refused.
ROTHsCHILD r. Tire Roe tr. MAIL STIRAM-TACKET COM-
-

l'AMY.—Tag GOLD DUST RUIISSUY.
This case was tried hefts' des Lord Chief Eaton at the
last sittings in Londe., when then was a verdict substan-
tially for the plaintiff en the general issue, but his lordship
directed the verdict to be entered for the defendants upon
two of the issues, reserving leave to the plaintiff to move
to set diet entry aside.
The Attorney-General now moved, pursuant to leave re-
served. The action was brought se recover the value of •
boa of gold dust, which the defendants had undertaken to
convey (ruin rename to the bank of England, (or the
plaintiff. The box in question was one of eleven belonging
to the plaintiff, which formed part of a still larger number
which the defendants had brought to this country, (ruin
Chagres, h►ving previously conveyed them from Panama
to that port. This valuable cargo was ►added safely at
Southampton, whence it was forwarded to London in •
goods train, four servants of the Mail l'acket
Company travelling in it for the sake of security.
When the train arrived in London it was dis-
covered that the boa in question had been stolen,
and, from circumstances that subsequently transpired, it
became apparent that the rubbery either took place at
Winchester or between Southampton and Winchester. At
the trial the jury considered that sufficient caution had not
been used by the defendant.. in providing safe carriages for
the conveyance of the specie, and that proper vigilance had
not been exercised in guarding the gold duet ugainst the
attempts of thieves. Upon this ground the verdict passed
far the plaintiff, and the jury added, as a special finding,
their opinion as to the negligence. The direction of the
Lord Chief Baron, which firmed the ground of the present
motion, was intended chi, fly to rake the question of law,
which was whether the loss fell within the exemptions in
the contract of the defendants as carriers.
The court granted • rule to show cause.

MIDDLESEX SESSIONS!-YERTERDAT.

Barna Majlmui.wr Apau% AntirrAsr 'coos AT

EKTHAMALONAHT CASS OP ASSAULT.

Frederic' Scar€h, described as a captain in the army,
surrendered to take his trial upon an indictment, in which
he was charged with having committed a common assault
upon John Theobald.
The learned counsel, in opening the cue, said the jury
would find that the conduct of tho defendant toward+ the
prosecutor had been of a must violent and unjustifiable
character, and they would nut he thought have any dile-
, catty in arriving at a verdict of guilty. Having shortly
stated the facts the learned counsel called _ _

Tho prosecutor, who said his name was John Theobald,
and was a gentleman. About 12 o'clock on the night of
the 16th of December he was in the Haymarket with a
friend, with whom he got into a cab, and directed the
driver to go to Charlotte-street. When the cab stopped and
he had got out, he was attacked by the defendant, who was
holding up a cloak ho had on to hide his face. He beat
him with a cane, he was knocked down, and when he got
up he was struck again about the head. One of the blows
cut his ear, from which blood then oozed, and for three or
four slays afterwards he had two bumps on his head as big
as walnuts. Ile saw it was the defendant who committed
the assault, and he gave him into custody.
In cross-examination by Mr Ballantine, the prosecutor
said the cabman was in attendance as a witness he believed.
The friend he had in the cab with him was a Frenchman
with whom be was slightly acquainted—he had known him
for two or three years. His name was De Noor. They
were going to Charlotte-street, not to his own Immo ; but
to pass the night with two ladies. The ladies were in the
cab as well as the Frenchman and himself. He had never
seen them before that night. Ile had not seen them since.
Captain dearth was alone when the assault took place. The
captain had threatened to give hint a good horsewhipping
sines the summer before last. That was what he had
heard. The defendant never challenged him to fight a
duel. Never sent bim message demanding satisfa,tion
for his injured honour. Was a gentleman. Did not know
what a gentleman was in the sense implied in the question,
" what he meant by gentleman ?"
Mr. Ballantine—have you not been an omnibus driver?
Prosecutor—Nut for a living.
Mr. Dallantine—Will you swear you have not been an
omnibus driver ? _ _

Proeecutor—l am a gentleman ; but I have driven an
omnibwi by way of arnuaemeut.
Mr. Ballantine—Have you not been an omnibus cad ?
Prosecutor—Certainly not ; I never did anything to earn
a living.
Mr. Ballantine—Mare you not travelled about the
country as a clown—and performed as clown in booths at
country fairs, with a pawn named Frazer?
Prosecutor—Yes, I did. I travelled about as clown with
a man and performed, but I don't know that that man's
name was Fraser. (A laugh )
Mr. Itallantine—Then you have been a clown. Was that
for amusement ?

Prosecutor—Certainly. (Loud laughter.)
Crosresamination continued—Pint met Captain &arch
at Ostend. I never invited him to my house. Never. I never
asked him to come to my house. Ile never came to my villa.
Ile came to en hotel where I was staying—once on my invi
tation._
. _

was he not then most brutally as-

-Not at all.

Mr. BaUantine—Why—was ha not assaulted by you, and
did not a woman, who was heist; with you, pitch a pot of
beer in his eyes, anal beat him with the pot.
Prosecutor—Yes, certainly, but he kicked her for it. (In
continuation.) He told me something about her, and she
overheard it, and threw the beer at him. I struck at
him. I might have given him two or three blows, I shan't
swear anything about that. His face was covered with
blood. I don't know that ho was confined to his house for
two or three weeks with black eyes. When I struck him,
he struck me, and we went up stairs and fought it out. Ile
was the victor. He beat me. (A laugh.) A prizefighter
was there. Ile was a friend of Captain ticarth's. He in-
troduced him to me. I did not ace him strike the defendent.
We all dined together, me and my lady, the defendant and
his lady, whom he brought in his brougham, and tho prize-
fighter. I will not swear that the defendant invited the
prizefighter there. I don't know who did. Ho was not
taken there to assault the defendant.

Be-examined—The defendant told me that my lady had
been taking liberties with my servant, and I struck him for
it. My groom and defendant's coachman were in the kit-
chen, and my lady went In to take them a glass of grog, or
gin, or brandy, or something, and the defendant said she
had beet, taking liberties with my groom. She happened
to hear what he said and threw the pot of beer at him. lie
kicked her for that, and I then struck him. Ile struck me,
and then we went up stairs and fought it out. I had the
wont of it. I have seen him since. I met him in Regent.
street, and we made it up. I did not know that he had
black eyes.
James 3lagnan, a cabman, stated that between the hours
of twelve and one, on tire night of the 16th of December,
Mr. Thoobald engaged his cab in the Haymarket. He saw
the defendant, who had been walking up and down by the
Cafe de I'Europc, get into another cab, and follow. When
Mr. Thoobald got out of his cab, the defendant alighted
from his, and holding up his cloak so u to screen his face,
went up to Mr. Thoobald and commenced beating him with
a cane. lie knocked the prosecutor down, and when he gut
up the defendant hit him again. Witness laid hold of him
by the hair of his head, end held him until a policeman
came up. lie was then taken in charge.
Mr. Ballantine—And what became of the other man who
was in the cab ?

*linen-26h, the Frenchman ran away 'cos he was
frightened. (Laughter.)
Sergeant 'it itham, 19 E, proved taking the defendant
into custody. Re made no resistance; admitted baying
given Mr. Theobald a thrashing, ;and gave up the cane.
(It was produced.)
Mr. Ballantine then addressed the jury for the defen-
dant, whom he described as a gentleman of high honour
and gallantry, and an officer who had served in Spain with
distinction and credit, as a number of his brother officers
wbo were in attendance could prove. The learned counsel
then proceeded to say that in this country the public peace
must be preserved, private quarrels must not be pleaded as I
a justification of a violation of the law, and be should,
therefore, admit that the jury must find the defendant
guilty of this assault, he had himself avowed it; and under
whatever circumstances it took place, it could not now he
urged that he was justified in adopting the course he had
taken, but it might very properly be urged that he had
acted under great provocation, and under the Impression
that he was bound so to act ia satisfaction to his honour,which
the prosecutor and his lady had outraged. To tight a duel
was, in his (the learned counsel's) opinion, contemptible
and ridiculous. Thu man who would take part in such a
transaction was not only without justification, but he was I,
absolutely ridiculous, and so profoundly absurd, that
he ought not to be permitted to walk alone
but in the army there appeased to exist, espe-
cially in regard to these matters, a higher order of
reasoning than mere laymen were blessed with, for officers
in her Majesty's service thought that the best of all possi-
ble; modes for the satisfaction of boner—the avenge of In-
sult, and the arrangement of private quarrel—was to fight
• duel, and that if a man did not resort to such means he
was considered a poltroon sod a toward, an estimate of
character which but very few English officers had the
moral courage to stand against. Now, he was instracted
that the respectable and gallant defendant, Captain (earth,
had rightly, as he who bad seen service under the crown of
Spain no doubt thought, but wrongly, as every right-
minded person would think, demanded of the prosecutor that
satisfaction gentlemen sometimes did expect to receive
from each other for the cowardly and brutal u-
welt that had been committed upon him by the prosecutor,
his prize fighter, and the lady ; but failing to receive it,
he had, feeling that he was bound in some way to resent
such conduct, and to punish the principal perpetrator of it,
resorted to the infliction of • caning—an act which, no
doubt, according to the law of the country, could not bo
justified whatever view might he taken of it under the laws
of military honour. The defendant denied the fight up
stairs. lie had no chance against the three, including a
lady who could so elrectually handle a quart pot, and he
had treated the prosecutor in what he considered • highly
proper manner, without the least intention to do him any
personal injury of a serious nature. The learned counsel
then urged that the complaint lino& by the defendant to
the prosecutor as to the conduct of his f. lady," was in all ,
probability not made without cause, and proceeded to say
that at one time, when stage coaches and four were a little
more in vogue than at the present day, it was a fashionable
thing for young gentlemen who, like the prosecutor, never
did anything to earn a living, to show their
capacity to handle the whip and reins, in con-
verting themselves into coachmen, and driving fear

in hand into all part. of the country ; but, as stage coaches
were now rather a scarcity, no doubt the prosecutor thought
it equally a fashionable amusement to two omnibus
driver, and no doubt that would in time become quite •
fashionable recreation. Equally doubtless was it that the
prosecutor thought it a poculiarly fashionable thing to as-
sume the character of a clown, and as such go through ail
the antics and grimaces required of those extraordinary in-
dividuals at country fairs, though indeed he might have
thought, like a philanthropist, that whilst he was doing so
for his own pleasure, ho was at the same time amusing the
public by his folly. Ile had never before heard of a gentle-
man turning clown fur mere pleasure, and, to say the least
of it, it was • curious and • novel occupation fur a man of
fashion. It far surpassed wrenching oil bells and things of
that kind ; and playing the clown was rather extraordinary
under such circumstances.

The learned Judge said men about town often played the
fool. (A laugh.)
Mr. liallantine would say in conclusion that the French-
man the prosecutor was with had done what a friend of his
used to call showing the back seams of his stockings aa
quickly as be could, and with the remark that the pro-c-
-cutor hail not been seriously hurt or wounded, that the de-
fendant had acted under a mistaken view of what the out-
rage upon him demanded, and, admitting that the caning
was not justifiable, ho should leave the case with the jury
and the court. . . .

The learned Judge, in summing up, said if it were tole-
rated for parties to take the law into their own hands there
would be no safety fur anyone ; and what a state of things
would he the result. The stability of this country was
owing to the respect the people had for law and authority ;
the baton of a ronstable produced order amongst hundreds.
There was no Lynch law when a magistrate went to read
the Mit Act in a root', and persons who set the law at de-
fiance and took it into their own hands must be taught that
they were not to do so with impunity. No justification
was offered for this assault. and the jiiry would therefore,
he apprehended, hate no difficulty in finding the defendant
guilty.
The jury returned a verdict of Guilty.
Mr. Ballantine said there really were officers of distine•
tion who could speak highly of the defendant.
The learned Judge said there were two circumstances
alone that would entitle the defendant to consideration—

the one that ho was free from suspicion as to his own con-
duct ; the other that the revenge had been sought at the
moment of the insult. Neither of those were in the present
case. Whnterer the prosecutor was, the defendant was his
fit companion : and what took place when they were dining
together with kept women and a prizefighter, did not ex-
cuse an assault committed six months afterwards.

The defendant—My lord, I was abroad and could not
meet with him.

I'ho learned Judge said the defendant knew where the
prosecutor wan. A challenge had been talked of ; either it
was; given or it was not. If it was given, he must have
known where he was to be found; if not, then his counsel
had been falsely instructed. Ile should cert►inly send him
to prison, not from any sympathy with the prosecutor, hut
by way of punishment for a breach of the law of the country,
and out of respect for public justice. lie then sentenced
the defendant to a month's imprisonment in the House of
Correction, and to enter into his own recognisance of 1(101.,
with two sureties of .501. each, to keep the peace afterwards
towards the prosecutor.
Tho defendant was driven to the House of Correction in
his own brougham.

-- ---
THE POLICE COURTS.

MAILYLEBONE.

Richard Grange, 6Y,lCildintiton-street, a person
who for some time past has attended as an advocate at this
and other police courts, was charged with having embez-
zled money entrusted to hint to pay into a county court.
Rose Adel Aide Bonnet said—l am the wife of I#iuis Bon-
net. I have known the prisoner for a long while, and he
has done business for us as a solicitor.

Mr. liroughton—llas he ever sent you in a bill making a
charge for his services?
Witness—No; my husband has settled with him without
any bill. My husband owed Mr. Moore, landlord of the
Duke of York, St. John's-wood-terrace, 61. 2s. for
which he was summoned to the County Court, and an order
was made upon him for 61. 3s. I Id. including li. Is. 6d.
the costs of the suit. The order was dated the I.lth of No-
vember. In the early put of December, my husband being
laid up at the period, I told prisoner to do all he could to
gain a little time, and he came back and informed me that
Mr. Moore would wait a fortnight. At the end of that
time my husband went to prisoner, saying that he had souse
mousy ready, and that if he would call he would give it
him. lie did call, and I gave him 31. 3s. Gd.,
tell-
lug him to pay that to Mr. Moore in part payineut of
the debt. Ile assured me that he would pay
it, and bring back the order to show that he
had done as directed. When he next came ho said the
remainder must be paid by the Bth or 9th inst. My husband
asked him for the paper, when he said he had not got it,
but would bring it neat time he called ; he then went
away. Ills words were, that "It was all settled, and ho
need not be afraid." My husband also asked hint if it was
all right, and ho gave the same answer. Yesterday I sent
my daughter to Mr. Moore, and in consequence of what
she communicated to me upon her return, I went to the
prisoner's house. I saw Finn in the street close to his rest•
deuce, and said to him, " Mr. Grange, I want my papers, '
for you have not paid the debt; " he wax then not sober,
and the observation he made to me was, " It's quite right,
the money is at the County Court, but hey didn't go to the
proper place to receive it." I said to him, "If you hove
really paid the money down, let me have the papers; " and
be said he would call upon my husband this morning at 10
o'clock. I wished hint to come last night, but he would
not.

Mr. Broughton characterised the case as being one in
which the public generally were deeply interested. The
prisoner had received money fur a specific object, which ob-
ject hail not been carried out; and he was not quite cer-
tain that prisoner had not, under 7 and 8 Geo. IV., c. 29,
see. 49, rendered himself amenable to transportation for
not more than fourteen, nor less than seven, years. It was,
at all events, a case which he should, no doubt, upon
another day, feel himself buuad to send to another court for
trial. lie would take bail fur the prisoner's appearance
again nest Monday, himself in 1001., and two sureties in
.X)1. each. _ .

lie was then locked up.
The prisoner is a regularly admitted attorney, and for
many years took out his certificate, which ho does not now
possess, although still on the rolls.

SOUTH WARR.
Thomas Brown, a salesman in the Borough Market, was
placed at the bar before Mr. A'Beekott, charged with vio-
lating the person of Hannah Cowan.
The complainant, a girl between 15 and 16 years of age,
having stated her case,
Mr. Parker, a surgeon, gave testimony by which it ap-
peared that a capital charge was sustained against the pri-
soner, who declared his innocence of the alleged offence.
Ha was committed, but held to bail, himself in 1601., and
two sureties of 801. each, to answer the charge at the next
81:411101111 of the Central Criminal Court.

TUAMES.
Bert°lo Mayo Argenti, and Francisco Morel, Italian
seamen, formerly beton; iss to the British ship Al-
berta, of Liverpool, who have been in custody one year and
nine months, were brought up on remand before Mr. Yard-
ley, charged with the wilful murder of Peter Oetland or
Gotland, who was one of the crew of the same vessel at
Mobile, in the United States of America, in April, 1850.
The case has been already stated in the Daily News. The
prosecution was instituted by the crown.
Mr. Yardley said, having hoard the whole of the evidence
which counsel for the crown could produce, it was now
his duty to commit the prisoners for trial at the neat session
of the Central Criminal Court, for feloniously cutting and
wounding l'eter (legend, on board a British ship in a port
out of her Majesty's dominions, while they formed part of
the crew of such ship. lie was not going to commit the
prisoners fur wilful murder, because there was no legal evi-
dence of the death of the man. The prisoners would stand
committed for the crime of feloniously wounding Peter
Getland wills intent to murder him or do grievous bodily
harm.

LIVERPOOL, JAN. 11.
The sales to-day are :—Sugar, 00 hbds. Jamaica, 301.6 d.;
126 bags dates, 24.45. Molasses: 200 casks inferior Antigua,
lls. 6d. Finnic : 560 tons Savanilla and Zapati, 2f. 151. to 31.
Sapanwood : 10 tons at 91. 12s. 641. Bees' wax :24 packages
American, 130 s. to 140 s. L ambler : 70 bales, 161. 6d.

COTTON.—Ltveurnot., JAN. 14.—The market closes
with spirit and a hardening tendency ; prices of all kinds
are a shade against the buyer. The accounts per Europa
are said by holders here to be in their favour. Prices in the
States are littlo changed. The receipts were not great;
about 90,000 bales at sea. The sales to-day are 8,000 bales,
of which 500 are taken by exporters, and 600 on specula.
tion, They include 480 Pernam and Maranharn, at 4td. to
OP. ; 150 Bahia, at Md. to 51d. ; 200 Egyptian, at Cid. to
61d. ; and 700 Surat', at 3d. to 31d.

CORN.—Beame LEY, Jan. 14.—A moderate attend-
ee°, at this market to-day, anti a fair amount of business was trans.
acted. Wheat was very dill, and scarcely realised the rate, of last
weak, but we cannot quote any alteration In its value. Barley add at
an advance of fully Is. per qr. Wheat said at from 14a. fid. to 17e.
par three bushed. Barley st from 295. to 33a. 6d. per qr.
BOSTON, Jaa. 14.—We have had a good supply of Wheat at
market, and a fide amount of begonia doing at lam week's rates.
No material ebange la the value of flats or Beans. V. best, red, 37a.
to 395.; Irene, 4.te. to 41a. Oats, 19s. to 21a. Boma. 24. to 29a.
par qr.

- •
CHICHEATER Jan. 14.—We bad a large supply of
Wheat at this dye market, and last week's pekes were with dal.
catty obtained, eves for this drymt /ample. • Werke samples were
folly Is. per qr. know. barley was also la vied @apply. We harem,
alteration to notice la Its value. Oats, Beane sad Pees as before
Wheat, ele to 445. per qr. Barley, 345. to fed. Oats, 17s. to IN.
Mass, 30s. et 31s. Pees, Sts. to 32a. Flour, 30a. per Wk.
HATWAIID.II HIATII, Jan. 14.—The trade hero to-day
was very quiet, arid prises remain about the same as no this day
seltalght for all sorts of grain. white, 101. to 101. 12a. ; red, 91. Sa.
to W. ISs. Polley, 245. to 211 s. Oats, l:s. Id. to les. Gd. Iliac,,
21e. to 30s. Nee 494. to 30e.

NEWARK, Jan. 14.—We had a liberal supply of Wheat
and daft; MOM*, Ness, sod Pees too3enite; as the corn market
Ude day, osteittlntimdlor the omminsa of grala being partially
dalladaretell, all was alma elt Moe red Wows were (Mel
lain Am mmsnmpelon mad epopaladea. The same applies to
eared mini of malting Illancd. Mast fully sapports. aim Berke
:amedik Mat welt's petam. Oala, Derwa, sad Pots without earls-
lon. Mama prices : What. IMO% {Moto 40a.; aura, 40.6. ,mired,
120. 10 448. Wir qr. ; red, 000 as 40a. ; extra, 41s. &miry, emitted,
Sas, to ins.; sun, Ms. dd.; wnilme, 28s. to Ma. Oats, we, Ili, te
1100 ; 3:Ss. to Ils. Beam, Yaw. *do to 800 ; old, Ho to AO
Perry an boders,olls, 00 Us.

RUMFORD, Jon. 14.—Our market to-day was heavy,
owing u. the dunipn-re of the etuther musing moot ample.
be very much ont of condition. Prices : Wheat, lie. to es. inn Key.
28e. to 325.; rioting, 240. to 27.. Mtn% Ins. to :YR beano, 23e.
to Sao. Ivrea. Via. to 3o s. ityc. 2.35. to 27e.

Stocerom-ON-Tees, Jan. I4.—The srrivals of grain from
the coast ton.' m.• moderate. This morning we ha... a Irma! supply of
%clic .t from lb. farm!,., which meta it.< PM., at YU IMI,AINT 4.1 111.
per quarter un last weelea currency. In Mak, and Oats there is oo
dune.
coastw Baum, 10. per qr. cheaper. Imports dunce Me wet :-...
Wheat, ise 174 qrs.

CATTLE, ot.e.—Csi scuts., rs.u, Jan. 14.—A good supply
of stock this dJy• /glees miter better for the salient than but motet.
Wes not very brisk. Beef, lot and prime, 3a. 4d. to tn. oul; inknor
non, la. ad. to as. Soutlicoun fat Mutton, 4a. to 4n. 10.; nor
quality, 3.. Gd. to bd. Vent, fiat, 34.11. 1...rk, 3.. 44. to b.; Qt
Ilona, al. to 30. Id.; owre ritta, as to 1411 A I L. to 204. each.

• •
LEEtol, Jun. I4.—There hu been a large and good .how
of horned cattle at this fair to-4y, and a our erour alenflaffee of
basere. The lumbe•r of c.ftt:e waa 730, a loch sold at sr. fat. to ofi. 4,4
per atone of Viltof. There were were al.. S,froff an en. h surd at
id. to JO. per lb. A few pool pens reified Gd. p r

e
_ . • • • -
M011../..N.: Oltltor r.tirt.r. MAILKEY, Jan. I3.—The
demand f r .tore Ited.ta I.U! continues, and tb attend.. eof ,hunt
grarners and .1. Mena in ea•da Mall I.IIIIM But the rupply ... not
made: t to meet the .4elmold, aurora ntly every head of I AMC wad
dixowed of, /11111 141•11111101 ortp• were fill.y Maintadi.d. Store l'om
and l'orkci. were trtught eamer. tioeldittk 411... m ala from I. r. to
I.a. each; but choke tow Calve. fur weaning make 11, to .as. each.
ltostronn Jen. 11.—Our supply of stork to-d4y at mar-
ket was very limited, and trade henry, :4 ratio r 1...10w Wet so k'•
prices. Beet, 3.. to 4.. Mutton, k 4d. to la. 3d. Veal. .f«.:,'. to
3s. Ind. Ptak, 3.. to U. 10.1.

50CT1141.1., Jan. I I.—Our supply of Beef sr,ay hh•at, and
It re dlartl «bout I iPt week'. retro. Of Mutt it we ha I 1 ot•t
and prior ruled lower. Trade fur teal to utter. Polk made .m 1
tweeted rat. Met f mole inept la IWI. to le. bd. Mutt, n J. to
4P. Irk. Vetl. Sp. It. to 41. Pd. Pork, 2s. bd. to Zs. W. per sloes
of Mt..., making Ike offal.

SHIPPING INTRLLIGENCE.

room our correoprOsolo,the Mop 4R tlonotio," sad " Lloyd's la.t.•

CASUALTIES.

Bertha (brig), from NlCifolk,V= to Liverpool, with a cargo
of suglr coil Campy:why wood, founrkred in lat. :Os N.
lon. •A/ W.; crew lauded ut Lisbon, by the llerschel
(American barque).
Clarence: (s.), Wiseman, bound to Sydney, N.S.W., has
put back with less of ruicennast, 6;:e., haring been in con-
tact last night, off l'oint Lynes, with the Gladiator,
Meseek, from Dantzic ; the latter has lost jibbuom, and
is leuky.—Liverpiol, Jan. It.
Independence, Martin, trout Belfast to this port, went on
shore on Jersey Reach, near Shark River Inlet, Dec. 2.4
during a snow storm, and remained with 61 feet water in
her hold ; crew and passengers saved ; cargo (salted) ex-
pected to be totally lost.—New York, Dee. 27.
Lyra, Rankin, of Liverpool, from Gothenburg to Ramsay,
LM., went on shore yesterday at Cullen ; crew
Banff; Jan. 10.

SEABOUNF. MAILS.
[N eigniflen that the male are Pent from the Oceeral
r the night—end M by the inorning—desp.itch.

Illay wins mule up From sum
C01:441M 1D Is graft: Poet- tort 1 Whoa
OM ce Lender. ,thvutthed. the.
--......
Araerth(l r Crit.radutt 14 Jan. IS
Ank.r.. AO/V aned Stan..
packet) II Jon. 27 Liverpool Jae. 21
Amcrtc,,,b2U.NtateopYll • Southampton t
Africa ( West Curt) ...N .1 its of the month Flymooth ... reh. 3
Ikea/ Weis* N I lthat3Oth of mom I Dover
avhfitun ........... ..... NI , may 'Dover • th.-. 4
Mani Je 4th of the intnthlSouthaa,,,ton. ja., la
Mc. no., Aye. 14 4th of the ta..,:th.Suuthatnioen. JAn.lO
Caltlornia(via Chaves)), I Imht 17 (hot month I Sou t hamptoc. Jan. 20
Care at Moat Reim. •• 11th CI the toonthlPlentooth. Feb.3
Comitsatlaspie ......„ lt ; thl7 th 27thef trom!Dover
Canted Amartha .
_....111 tidal/Ih°' in. etb Itiouthaseptne. Jan. JO
Channel Wes ...«.......tllea., Wed..Sthrld. routhampton. Tu Thoth
ChM ...
_.,...111 1711.01 the munthitiouthanapt.o. Jan. 20
France Nth It rerier daily !Dover
.1reeec.............—......N 711117th27thof nom Dove
Limburg .. ../1 Monday le Yriley Lemke look. she
:lollasul ...=.7".....,:..11 Weds... & rir:er. Leedom .tion.Tlm
Honduras ...............N 17th of the mouth pi.e. Jae. 10
Irolun,l it IS EWA* daily.. . tholyberd triads.
India (via Puu,hampt thl 10th of the mouthsoutheacquo., Jan. 23
In•tls (via thersethon) 91 Sthillelithut month Dever Jen. 18
Nett i tenons's( via Swath
ansporD lB 201 h of the month Southampton. Jth. 23
Dittinvia llmeeilles) II lithiallit of Meath Dover
Ilesam ... II god or ths mouth southamptoe. Feb. I
Madeira ...... ...—.....11 iota of tie moon. Soutthetpuse. Jam. 16
/data* —. . § Dh.170,12tit.2:01
.' 1 ithOthnfthentonth lIReT 'Jan. IR
Napke• .21 SthlSth.:Sthof mm Dover
Papal Adm. ............91 Still IttaSthol anon Decor
{annuals ....«......o. II 71111711277th0f mon ntalthampthr. ;Jan. 18
Peru ....... .......... ...... .2( 17th of the month Southamptut. Jan. 20
r orc.my• .....T4 ithlSDOStiolo.on Dover
West IsrPee II 17th of the mouth Southampton. Jan. lii
We t tad e..., !except lb I
yenta. 210 N moth ) )Ii a.t of the re. .It tioothumrtoe. Feb. 3
• Tte 'awl. to Mom countries thus ithrked (•j are 01.1.,C) Inl by
meth packet via Ithracit.v.

AU/11V

Aware Moaarei-off Deal, January 13, fr0rn...........M. Maniere
AM. CA 11141:ItIA --off Deal, January 13, tram Westward
Amoy -elf Deal, January 19, from
ALIIIIT -II: taltllOUth, .141111•15 13, frees Omits
A Lan 41. t- at Queenstown, January 13, tem...... WING
C.4111.-11t Falmouth, January 13, MAIL.... .............. ....Mem=
Kura-at Spacemen, January 13, from Seville
!my listitesama- ut Cowes, January 13. ham. ftlo Janeiro
Haunts-et Falmouth, Jan. 11, own-. ..- ........... allarmartilla
loasau-a-at Plymouth, January 12, fre1;,.....
JANWIIII-at Plymouth, January *2, from - C. Vecchia
liras.-at Liverpool., January *4, from Darlington
Idtwords-at shit Ids, January 13, from laments
MART Jura-of Dover' January 13, from Panne
Nlll4 -St Falmouth. January 13, from -. Ablatidrie
PIASIMIULA)II.O: -at Graeiiiend, January 13. from St. Michael's
Prioarrno-at GUTtlet d, January 11, from ./14. Michael's
Pacm. pore.-at Torbay, January 13, from Landon
&mita -at Queemtown, huntairoyi, from ....... Mourklue
reentiton-ell local, January 13, ......lenterara
al a lit. Pa am- off Deal, January 12, from New York
1011•1131 A-st Falmouth, January la, from Taganrog
Truax-at Valuenah, January 13, bum Wawa
Vivacious-at Deal, January 19, trans.. St. Mich/elk
Wm ext.-oat Eatneanti, January 13, tram Tarawa(
WAXIMILEiI-at rano-mei. Kotula, January 13, tram. War