The Express.
London, England, 1851-10-30 00:00:00

POLICE INTELLIGENCE.

TIIIS DAY.

MARLBOROUGH-STREET.

AN Amt-IlLoomnit Ittor.—J. C. Stubbs and R. Cow-
ling, who were described on the charge sheet as school-
masters, were charged with assaulting and obstructing the
police in the execution of their duty, at the " Bloomer ball"
Hanover-square.
Bowles, i C, stated that about 10 o'clock last night he
was on duty at the Bloomer ball in Hanover-square, when
he received instructions to clear the pavement, in order to
allow room fur the company to enter the rooms. In con-
sequence of the density ot the crowd witness had great
difficulty iu carrying out his instructions without laying his
hands on Anne ot the people, and amongst others lie put
his hands on Cowling, who immediately held his
walking-stick over his head, and threatened, if witness put
his hands on him again, he would strike him with it.
Witness explained to defendant the consequence of such an
act, and requested him to go quietly away. The defendant
refused to move, and witness gently put his hand on him
to push him back, when the defendant (Cowlibg) struck
him a blow on the chest with his list, and Stubbs
did the some. Witness directly collared Stubbs, and
they both fell to the ground, and while he was
lying there he (witness) received a blow on the nose, but
was not positive who gave him the blow. Ile struggled
with Stubb,, and eventually took him into custody. The
defendant Cowling was subsequently taken in charge at the
door of the station-house.
. _ .

the above evidence.

Mr. Bingham said, as there were other persons in cus-
tody for a similar offence, he should not give his decision
until he bad heard those charges.
Daniel King and Middleton Ashdown were then charged
with assaulting the police at the same place.
The evidence of the constables went to show that they
were dispersing a mob of nearly three thousand people,
who had congregated in Hanover-square to view the
Bloomers proceeding to the ball. The defendants were
very riotous, and struck the constables several times, and
excited the mob to rescue them. In the Indic one of the
constables had his eye nearly cut out by a stone which
was thrown by one of the mob. The prisoners were ulti•
mately lodged in the station.
Oswald Foster was next charged with the like offence.
Boyce, 181 C, stated that some ladies got out of a cab at
the Hanover-square-rooms, dressed in the Bloomer cos-
tume, and while ho was clearing the way for them, the
prisoner struck him a violent blow on the head with a stick.
Witness then took him in charge.
The defendant said in answer to the charge, that he was
curious to see the Bloomers, and was quietly looking on,
when he received a blow on the head which knocked his
hat off. This blow he believed be received from the

police-constable, and be denied striking him in return.
Police-constable 86 C said he saw the prisoner strike
Boyce, 181 C. The prisoner also struck him. Witness
added that there had not been such a mob since the Chartist

About a dozen other cases were gone into, and the whole
of them having been proved,
Mr. Bingham proceeded to deliver judgment on the pri-
soners. In the CASC of Cowling and Stubbs, his worship,
after going through the whole of the evidence, and com-
menting thereon, committed them for seven days.
In t►e c, se of Ashdown and King, the latkr was fined
103., and the former committed for seven days, as were also
the whole of the others.

&Loomis _ BALL—A ban took

place yesterday .0 at die ilemounquare Rooms,
at which t e female pad= it IV andismee were by the
announcement restricted to this amemer costume. Long
before the opening of the doors immease crowds assembled
in Hanover-square, and in the streets leading to the ball-
room ; and it was at once manifest that they meant to share
in the evening's amusement. In spite of the presence of a
large body of police it was with great difficulty
that cabs could set down the it contents at the door ;
each vehicle as it approached being subjected to the forcible
scrutiny of the mob. At half-past 10, the time at which
dancing was to commence, but one solitary Bloomer had
arrived, and she could hardly; be prevailed upon singly to
enter the room. The male portion of the audience at the
same time numbered about fifty; but it went on increasing
until by 12 o'clock the room *ss densely thronged ; indeed
at one period there could not have been fewer than
six or seven hundred persons. About eleven a bevy of half-
a-doxen Bloomers arrived ; but this number by no means
satisfied the anxiety of the males. It was ultimately in-
creased to between twenty and thirty ; and each new
arrival, especially if marked by anything particularly novel
in the style of dress, was hailed with shouts of laughter.
The dancing, which was of the usual description, displayed
of course all the peculiarities of Bloomer costume. The dresses
I comprised a ludicrous variety of decoration end style. Blue was
the predominating colour of the jackets, and in two or
three eases the petticoat was of the same colour. There
were several red satin jackets, and one Bloomer was attired
in this material in a style fantastically oriental. There
were several hats of large proportions, and one or two of
very ludicrous fashion; but many heads were uncovered,
and one. belonging to a lady on the shady side of forty, had
half a yard of enormous ringlets flowing over the shoulders.
The longitude of the petticoats varied considerably, but
in every nee there were some inches of trowsers visible,
that being the essence of Bloomerism. There were not
more than three cc four females at most who were dressed
with anything bite even Bloomer taste. As the evening
advanced, t loudest dissatisfaction was expressed
at the paucity of Bloomers, and there was a dis-
position apparent to make up for this by up-
roarious merriment. Amongst other indications of
this tendency there was a pretended discovery that Kos-1
suth was present, and a vain rush to the supposed locality
of the ex•governor. As regards the quality of the male
attendance, it comprised many leading members of the
aristocracy, grave senators, sober merchants, and profes-
sional men, and such a sprinkling of the wealthy London
public as indicates that Bloomerism is a subject of much
curiosity. The criticisms on the dress were generally un.
favourable. Numbers pronounced it frightful, and it was
generally condemned as concealing the ankle and disguising
the legs.
NAVAL

J, OCT. 29.
Commander W. *awly b shaly memo Wool w ich. Se-
cond-Master R. P. J. Shapen, W Midshipman
Ci. J. Dail, to Victory. Natal ChM J. E. Stoke*, to
R0•0414111d.

Dimas. OCT. 29.
The banquet given last evening by his consti-
tuents to the hon. member for Athlone was, com-
pared with the public entertainments yet given to
other members of the Irish brigade, attended with
an eclat proportioned to the position which Mr.
Keogh holds in that body. The Freeman of this
morning publishes the following brief account of the
affair, received by express, the detailed report of the
proceedings being postponed till the next publica-
tion. It will be perceived that the dinner was
honoured by the presence of several of the Roman
catholic prelates, and that the toast of his Holiness
Pius IX. took precedence of that of Queen Victoria.
I understand that Mr. Keogh denounced as an
utterly unfounded falsehood the rumour that Dr.
M‘Halc, or any of the Roman catholic bishops, in-
tended to withdraw from the Defence Association ;
nd it would appear, on the whole, that an effort
was made at the Athlone dinner to cement that
body in closer bonds than had previously held it to-
gether. After a flourish about the merits of Mr.
Keogh, and the exertions of the people of Athlone to
do them sufficient honour, the report in the Freeman
then proceeds:
In a line space adjoining the principal hotel was erected,
for the purposes of the banquet, an extensive and magnifi-
cent pavilion, which was thronged in every part, not only
by the wealth and respectability of the town ant: its vici-
nity, but by clergymen and gentlemen of distir.ction from
various parts of the country. But that which, more than
all, gave importance to the proceedings, and added to the
dignity of so great an assembly, was the presence of the
following venerated and illustrious members of the ever-
faithful and devoted hierarchy of the Irish church:—His
Grace the Lord Archbishop of Tuam, the Lord Bishop of
Meath, the Lord Bisho of Elphin, the Lord Bishop of
Cloufert. Nothing could exceed the euthusiam manifested
by the company on the appearance of these Ilistinguished
prelates. The assembly ruse en mute and te,fitied their joy
and delight by loud and oft-repeated rounds of applause and
waving of handkerchiefs. The chair was occupied by the
Very Rev. Archdeacon O'Reilly, P.P.
To the right of the rev. chairman sat the guest of the
evening, Mr. Keogh: also Mr. G. IL Moore, M.P. ; Mr. A.
O'Flaherty, M.P.; Mr. John Sadleir, M.P.; Mr. 0. D. J.
Grace, M.P.; Mr. J. T. Devereux' M.P.; Mr. M. Sullivan,
M.P.; the Very Rev. Mr. Roche, 1'.1'., and V.G., Galway,
and Mr. Edmund O'Fleherty. To the left were seated the
prelates ; Mr. John Reynolds, M.P.; Mr. Francis Scully.
M.l'.; Sir Timothy O'Brien, Bart., M.P.; Mr. James
Fagan, M.P., and Mr. J. 11. Doyle.
'I he following is the list of toasts :—" The Pope ;" " The
Queen ;" " The Memory of O'Counell;" " William Keogh,
Esq. ;" "The Catholic Hierarchy and Clergy'," "The Ca-
tholic Defence Association ;" " The People; ". The Irish
Brigade ;" "The Tenant League ;" " Prosperity of the
Tows of Athlone," " The Press," " The Vice-Chairmen,"
" The Ladies," "The Stewards."
His Grace the Lord Archbishop of Tuam responded to
the toast of "The Catholic Hierarchy and Clergy" in a
beautiful and eloquent addre.s, which was listened to
' throughout with the deepest attention. His grace, on re-
suming his seat, as well as repeatedly during the delivery
of his speech, was enthusiastically applauded. Brilliant and
forcible addresses were also delivered by Mr. Keogh, M.P.,
Mr. Sadleir, M.l'., Mr. Moore, MP., Mr. Reynolds, M
the Rev. Dr. Kearney, &c. .

A de station from the Tenant League, consisting
of Nit.. Lucas, of the Tablet, and half a dozen priests,
having visited Drogheda yesterday with the beg-
ging-box of the society, obtained a subscription, ac-
companied by the following letter from Dr. Cullen :
Drogheda, Oct. 27, 1841.
Dear Sir,—l cheerfully add my mite to the collection
now commenced, which has for its object to aid in obtain-
ing legal relief for the suffering agricultural population of
Ireland. Their case is sad, indeed; every man endowed
with Christian charity must feel a deep interest in it. It is
most desirable to have the matter brought in a full and
satisfactory manner before parliament, with the view to
get some measure adopted by which the rights and interests
of both proprietors and occupiers of the soil may be regu-
lated and protected. It is clear that the present state of
things has been moat detrimental to landlord and tenant;
and it is undoubted that the country will be irretrievably
' ruined, unless the legislature will adopt some wise and just
measure to save it.—Wishing you and your colleague%
every success in your charitable endeavours to assist the
poor and the oppressed, I have the honour to be, your
obedient servant, 14PauL CuLLust.
Rey. Mr. Dowling, P.P., Clouraellon.
The following. official notice, which appears in the
Cork Reporter, is of importance as affecting. very
materially the interests of the Queens College in the
southern province :
The Right lion. the President of the Board of Control
having conceded a nomination to the East India College,
for such student of Queens' College, Cork, as shall be re-
commended to his Excellency the Chancellor of the Queen's
University by the president of this college, it is hereby
notified that such students as were elected to scholarsitips
in last session, and are under 21 years of age, may submit
their names to the president and council of the college, on
or before Saturday, the Ist November next, for considera-
tion in regard to that appointment.
A brilliant and very remarkable appearance of the
Aurora Borealis was visible from Dublin between
five and six o'clock this morning. Its appearance at
this season is supposed to presage a severe winter.
The subjoined notification has been issued by the
Dublin Protestant Association:

The Committee of the Dublin Protestant Association
hereby give notice. that it is intended, in conformity with a
public intimation to that effect, made by the committee
in July: last, to hold a great meeting in Dublin, pre-
vious to the assembling of parliament, in order to adopt
measures to obtain the withdrawal of all manner of state
support whatsoever from the Roman Catholic College of
Maynooth. the day of meeting, a'sc., will be hereafter
announced.
_

On Friday, 148 paupers, belonging to the Farnans
electoral division, Queen's County, and chargeable to
the estate of John Edge, sen., Esq., embarked from
Dublin for St. John's, New Brunswick, to which
many of their friends had previously emigrated.
A large number have left the Carlow workhouse, and
emigrated, from the estates of Sir Charles Coote, Sir
William Hort, and other proprietors in the Queen's
County electoral divisions of Carlow Union ; and they
were amply provided for by Captain Sands and
William R. Fttsmauriee, Esq., agents to the estates.

JUDICIAL COMMITTEE OF THE PRIVY
COUNCIL-DUBLIN, MONDAY.

MEAL FROM THI INCV,IBENiD ESTATES COTIIT.

Tie following members o[ tho Judicial Committee of
Privy Council sat this day to hear appeals:—The Right
Hon. the Lord Chancellor, the Lord Chief Justice of the
Queen's Bench, the Chief Justice of the Common Pleas, the
Right Hon. Justice l'crrin, the Attorney-General, and ,
Right Hon. R. W. Greene.
JOHN D'AECY, APPELLANT; HYACINTH D'ARCY,
OHNILII; COOTS CARROLL, PETITIONEE.
The subject of the appeal in this case was a lease for lives
renewable for ever of the lands of Kyleinore, forming a ,
portion of the Clifden estate, executed by the appellant's 1
father, the late Mr. John D'Arcy, on the 14th of July,
1824, to Mr. Henry IL Sueyd, his brother-in-law, at a rent
of 50/. a year, and by whom it war subsequently assigned
in 1340 to Mr John D'Arcy, jun., for a consideration of
10s. to the appellant, Mr. John D'Arcy, the younger son
of the lessor. The lease was impeached by Messrs. Charles
and Thomas Ayr, who had ineumbrances on the property, ,
to the extent of more than 40,0001., on the ground that tt
was not bon.l fide, having been made, as they alleged, at
a rent greatly under value, and the lessee holding tt only
as a trustee tor the appellant, to whom he afterwards as-
signed. The validity of the instrument having been dis-
cussed in the court below, the commissioners made the
order now appealed against, to the effect that the lands ,
should be sold discharged of the lease.
Mr. Brewster, Q.C., addressed the committee in support
of the appeal. Having explained that the late Mr. D'Arcy
being desirous, as was stated in affidavits on the part of
this appellant, to induce strangers with capital to settle in
the country, bad granted the lease to Mr. Sneyd, with
a view to the improvement of the lands, which were
then wild and uncultivated, but the value of which
was subsequently increased by a road which was made
in 1831, the learned counsel drew attention to the fact
that a person named Blake, having claims on the
D'Arcy property, bad filed a bill in Chancery, under
which, in December, 1831, a decree for a sale was
pronounced, and the lands were advertised to he sold,
and the rental published, in which the lands were stated to
be subject to that lease. A sale, however did not take
place • but in 1831 the Messrs. Ayr, becoming mortgagees
fur 22,0001., took, in fact, an assignment of that decree,
and the landlord's part of the lease, which was duly regis-
tered, was handed over to them. In August, 1840, alter
the death of the lessor, and upon the marriage of his
younger sou, the appellant, the lease of 1824 was made the
subject of a settlement, having been handed over to him by
Mr. Sneyd, who had been prevented by Various circumstances
from fulfilling his intention of building a mansion on the
lands and making it his residence. In Feb., 1841, the Messrs.
Ayr filed a bill in Chancery against Mr. Hyacinth D'Arcy,
the heir of the lessor, to foreclose their mortgage ; and, in that
snit it was important to observe, that no allegation was made
impeaching the lease, but adopted, acted upon, confirmed, and
gave validity to it. Mr. D'Arcy was appointed their receiver,
sod, in his accounts as such, debited himself and accounted

for the amount of rent reserved in that lease It appeared
further, that on the 11th of April. 1842, the appellant made
a lease of 300 acres of the lands, at a rent of 10/., to the
Rev. Joseph Duncan ; and the commissioners had affirmed
that lease while they disaffirmed that upon which alone it
could have existence. The learned gentleman maintained
the bona fide character of the instrument, and, under all the
circumstances, called upon their lordships to reverse the
judgment of the commissioners.
Mr. Sergeant O'Brien appeared to support the order, and
observed that the complaint of Mr. D'Arcy's lease having
been broken while others were allowed was not made in the
court below, and no evidence hail been produced to show
that that lease ought to stand.
Mr. Longfield followed on the same side, and Mr. Andrews,
iu reply, addressed the court at great length.
The Lord Chancellor delivered judgment. His lordship
said that the Judicial Committee of the Privy Council were
unanimously of opinion that the appeal could not be sup-
ported, and that it became their duty to affirm the order of
the court below. He could have wished for himself, and he
believed the other members of thecommittee entertained the
same feeling, that the order had been drawn up with more
care, because it erroneously and incorrectly set forth the
I notice in the application to the commissioners, which was a
notice not pointing out the precise relief which the commis-
sioners thought proper to grant, and the order was certainly
open to criticism in that respect. However, upon that
application the rule was made, and the commissioners
had in the judgment of the Judicial Committee full ju-
risdiction to wake the order which they hail made.
and which it appeared had been sustained in subitance
in all the facts of the ease. With regard to the care which
they took of the lease mode to the Rev. Mr. Duncan, it was
quite in the province of the commissioners to make such

arrangement of the property as to secure to that gentleman
the benefit of his lease; arid, as to the points of the convey-
ance, no one was entitled to complain of that part of tho
order except the creditors, whose rights were determined in
that particular. Mr. John I)'Arey said he was interested in
the lease which that order sought to discharge the property
of, but the question was, what were the powers of the com-
missioners in respect to that lease ? Thu section of the act
of parliament upon which the commissioners acted appeared
to confer upon them both the powers of a court of law and
of a court of equity in determining leases. Having read the
words of the section, his lordship observed that the incum-
brancer applying for a sale in the present case, whether they
regarded that to mean the person first filing a petitiou or
an intermediate incurubrancer, was clearly not subject to
the lease made by Mr. John D'Arcy ; and all that had
taken place in regard to that lease was nothing more thou a
recuguition of tenancy, stating so much rent, and applying
different ways fur payment of it. It appeared plum that
neither Carroll, who presented the petition, nor Ayr, who
made the application for a sale, could be considered u in-
cumbrances subject to that lease; and with respect to other
branches of it, or under•leases, it was a matter which rested
very much with the discretion of the commissioners in set-
tling theta, to recognise existiug contracts when they could
work out the act without disturbing parties benefits wader
it, where it was a bona tide transaction, and nut an in-
jury to incumbrancers, fur whose benefit the court

w.
as constituted, and '
for whom the act was passed.
The anus was cast upon the parties claiming the
benefit of the instrument, to show that it was a
bona tide one, and nut uon the incumbrancers, to show
that it was male fide. if they (the Judicial Committee)
were to go into the question tattle bona fides of the lease in
its original inception, a good deal was to be said on both
sides; but, be that as it might, it appeared to them thkt the
lease was oue to which the incumbrancers could not be con-
sidered subject, and therefore it was a mutter for the dis-
cretion of the commissioners whether they would or not
recognise it in any sale which they would make, having
regard to the rights of the parties; and when they found,
by all the documents before thorn, the result of everything
that had been done with the property up to the time of
the order being made, and that result appearing to fall
short or the prior incumbrances by 40,0001.—acting upon
these elements, they found that It was exceedingly im-
probable that sufficient funds to meet them would be
realised by the proceeds of any future sale. It was said that
there were materials fur impeaching the data upon which
they had arrived at that conclusion, if nice points of
law and equity were to be raised, depending upon the lie-
docketing Act and other circumstances. But it lay upon
the party who appealed from the order of the commis•
goners, upon that ground, to sustain all that part of the
casescause, prima facie, the facts were against him—
facts depending upon figures, which he had the opportunity
to dispute or put aside, and thus displace all those elements.
This he had nut done in any one single item in the account,
showing that, as a matter of course, it ought to be struck
out. But supposing he had shown one or two of them to be
still sub justice, when the committee looked at the whole mass
of those incunkbrances, the small amount of the property
sold, and the still smaller umoun t which remained, it appeared
to them that the commissioners would have been very short-
sighted indeed if they had drawn any other conclusion from
the facts than that at which they lied arrived, namely, that
the probabilities were that this property would not sell at
anything adequate to the exigencies of the estate. The alle-
gation made, therefore, by the commissioners in their order
uppearcd to have bee° entirely sustained. There only re-
mained, then, the suggestion, made there for the first time,
that it lay upon the parties to have brought before the
commissioners all the lessees of the property, to have insti-
tuted proceedings against the tenants on the estate, and
have Bold the property discharged of all the leases. What-
ever might be the bearing of that course upon the result,
there was nothing to show that any one of those leases was li
impeachable on those grounds. They were subsequent in
point of date, but they knew nothing about the facts of
them to show that, if an investigation took place, the party
impeaching them would not be defeated, with costs. The
petitioner had not averred, by affidavit or otherwise, that,
iu point of fact, the property would sell for sufficient to
' meet the incumbrances, if every one of the leases was out
of the way ; nor had he stated any one of the impeachable
instrurneuts. On the whole, the Judicial Committee were of
opinion that the order of the commissioners, although they
regretted it had not been more carefully worded, should
be affirmed. The act of parliament conferred upon them
, no power to order costs against any parties.