The Express.
London, England, 1848-12-12 00:00:00

THE EXPRESS, TUESDAY EVENING, DECEMBER 12, 1848.

MILITARY.

••••••••••-..--
Val nib Liorr INFLIFTIT liaoT., Sad
whisk Imes Nellemal, dm lama at
perlera Hell, mad the latter at Pratte.
IM
Leamialtiat, have Welly excheamed_
T Sing RIOT. Lai SAGA Tows, Via
Lead. to laly lam, Ice Casette. to Mien the lea Royal Ira Pout.
(the Int wap aa ti. Wt to revue Mom Media dut)), the le* may
eapsetal to melee la Dieu* to The itsmare et 114 e, alma it mill
have eammletod IS yam' *walla Mond.

SPORTING.
WOLVIIIINAIIPTOX BT/110LI C314.44.-4:illant Primo.
Oh Owl apt Viola Oh 4to I sot the he*
1311 117 ori boles (t), IS lls opt /WA ts I sot hard (t),
IS to I .p 114715.4715. Jwastrateetze= lbws op Is the ewe
et the week
be
la 1.1, woe ; &Wog say olds
weehl hew bees hid. The Mu* Tomas wee deolered sot
le amt.
WOLTIIIIILYPTOS nIIRDLI RACI.-0.141 to bock Tres
Cah=et/T.-2,000 to 40 opt TM Tartar (t), 60 to 1
rdwylietals Mot e 5141,000 to 13 soot Comm, 4.000 to W apt
(t).
DZINT.-9 to 2 opt The Ylylog Mitchum (t 6 to I).
IS W I sot nuneywob (t sad W. oit). 1,000 to 40 sot UAW (t).
I,oooto it apt Wrosabow. 43 tot wet Cid UesTeeker (t to san.
The moo was thinly attoad4, sal beldam la.
INTILLLIOINCE lIITILL-000DWOOD, 0.
TIMSDAT.—Mr. Oterdoe's Lisle Seek. by Nowt out of
Conk let 711 e. sot M. DarrleWe Cheettles Op Maw, We. lomat
Maims Corr. 34, re.
No DAT marnomm-410. Ihniss's 141444414.,
Mt 71h, see Wt. Oordosb TO. Wren, et T.T.C. 100, I; It.

irabu Intelligence.
EQUITY COURTS.—YIIeranDAY.
seism the Lard Chametka.
EAST LATICASITIRS RAILWAY C v. Tan Nom
WWITRIUI RAILWAY COMraNT.—AOII.IIIIIUtTe WITS AX
01110111AJLCOSITAIIT TO Si NaIWfAIIIIRD AGAINST • PUS.
MUSING C The bill la this em ass filed to en-
force aping ***defendants aa egmeaseut whisk w made
between the plaintiffs sad the North Calm Railway Com-
pany foe the me of 4i talks of the Me of the Nook Union
Railway, ea certain coaditiora sad at eposiled tolls. The
defendants posehased, or leased, is North Unica Railway,
end coreiderbit that the agreseneat hawses that someday
sad the plaintiffs was oily tesporary, sad mot bladin ou
tlimelves, put in a demurrer to the bill, which Viso-
Commodier Knight Brno, allowed. The appeal aßahlet his
Menour's order was argued last week, by Mr. Roll sad Mr.
Bird for the pliant), sad by Mr. Stuart and Mr. Selwyn
kr the
Tbe lord Chemellow, now giving his jedgmeat, add he
souled, sifts is topmost, talon an copertasity of reading •
of the ViserChancelleee jadeites% ia which his Me-
nem said he bid doubts ea the emistnistion of the eratroos
(Wefts the plaistiffs sod North Calm Railway Company).
Sis Lordship was id °pintos that the hearth, of a desauner
WIDOW maiden for putting a constotetion on iastrunients ;
ad it was net unseal for parties to seek to obtain the
opinion of the mart in that way, sad thereby put an end to
the suit. The Vice.Chandelleee judgment was liable so We-
opprshensioa ; bat, asosmiag that he w dopinion that the
agreements between the *rata sad North Western Cosa.
pany were set peratammt, and did sot bled the defendaats,
his lordship kit himself relieved from say dieLculty. It
appeared, trees the summate in the bill, that the plaintiffs,
issued of ninnies a direct hae for themselves, as they might
have dose, chose to traverse pert of the North Llama hoe,
sad they catered into is agreement with that sospany for
the purpose, before they applied for the act for thew own
tine. Gales. they bad pravionaly cease to that scrireasent
they would have the set for the whole distance. That con-
trast was made in 1843. His lordship elated other allege-
tame is the bill, sad said the quetioa was whither the con-
tract was met to he permanent? It would be ram-
stress to suppose that by the dispose' of the
North Union line to the defendants the contract
was pat an cad to. The consideration for the rostrum was
paimemat. The railway was made upon the summit of the
enuiteet which ought likewise to be permaseat. It apreared
to Ma to be aat Case for the 'quits interposition of this
Mara The sew scheme eaterra iato between the two eon-
eosin in 1846, did not affect the permaneacy of the footrest
1843. After two companies or two iedimiluals have ban
brawl °omen for some years, iseons of the parties to got rid
' of the contract by outran the subject issuer to another ?
The bill stated venom Elation with whisk he bad nothing
TS lie ow the prows questioa, which was, whether the ma-
toast was pormaarat or not; and be being of *aka that it
was, and that the Noe* Uskw effideevelered to get eat of •
matract tato which they entered deliberately, he felt Mimi
lased to morale the demurrer, sad therefore to Merle the
Yles-Chamsellea's jodgmeat.
111•JoR V. MAJOS.—IRRSOCLARITY Or • SOLICITOR, Is-
ISSFISISO WITS AS °KURR DRAWS Ur ST TX. Riots.
sea.—This was a family suit, sad precoodinp have been
webs en in the Reskeimikal Coon in a testamentary
Aa Oran lariat bees made by this court for the
abiof met by the defeadant, the 'olio:tors or the gar-
llit
elloololl Mr. Colville, the registrar, in June last, for
is pimps at bevies the missies of the order settled be-
IMe Wit( 11. The dishadeoffe asliskee, er hie clerk, pro-
' pod Wooten, Waft, Ste mode. "la the ecclesiastical
I maele." ohm the woof "orals." Is introdnetio of
obi* Or *MUM solicitor obraelei, end the mrer ra-
ffia mt biL ova skate of the mar apsssoaaad is court
eviviesi Mt won. An app.latemat was made, the 10th
Jdg, for heft eieiten to attend again before the registrar,
se hts Oise ; am et than did se emend, bat the »plaint
bobs Shea La eoart went away. The other solicitor did go
W the take. bat Cane TO the neistree in Nara and alter
aiming him a short-band writer's notes of what passed is '
Mora ea the seemisa of the Lord Chestier's
the order, be isdassit the registrar to rotor tir =
which be bad etreek eat before, sad the mew, with them'
words, wee pissed sad sedived la the shwas, of the nolisiter
for the ether Ode. Whoa he dkowerod that the weeds were
introduced, to bed a motion mode. before the Heine of the
curt for the neatly" to the Lord Chaneellor, who, from
his own ramikiesisa of the matter, aided by the registrar's
entries, wee satilled thee hla ardor wee net istraded to la-
clads the net in the Ecelesiaffkial Court, and he directed
the words to be stash oat, removing the 'pieties
ot soft ef the immelarity. That questa= was
erased before his lordship lest week by Mr. Roll and
Ms. H. Clarke, who mounded that the amts should be all
cid by the soliciter,wbe was clearly mity tithe irregularity
anitto the registrar la the absence of Use other solicitor,
yagmierepressatation obtaining from him the resteratioi:
at the words which had been before struck out.
Mr. Stuart sad Mr. J. Parker cutended that the Grego.
hwity was of a maid character, and that the solicitor, who
sad on the sherakand notes, ought not to be Wired to pay
mete to gratify the solicitor ou the other aide.
nu Lord Chamomile, aow disposed of the matter. Re mid
be bad a statement is writing hoot Mr. Colville, to lb.
egret that be would not have drawn up sad pasted the WWr
if it had not bees repreeentsd to him that both solid-
ton had agreed spat it. It was not neceseuy now to decide
whetter the repreesetatiou to his wee true er not. Mao
the two payday Mewl Were the officer to settle the minutes
of acede.One party wished to introduce the wards la
the oclesiaatiod marte," and the dicer who bad a right to
exercise hie own jadgment whether these: word, should form
part of the order, rejected them. USN solicitor was Mee
eatiefied, it was his duty to ass for the opinion of the
court as to the order that was preatienesd. Bat there was
se further summons or nesting TO let the matter right, bae
there was a meeting appdated to per the order that lei
bees settled. One solicitor attended at this registrar's Asa
sad lading the oiler was sot there west away. The ether
solicitor came des to the registrar La court, and got the
order passed with the words before struck out. Hew dm
pot in agile was not explained. It on gross inspirit,
for one solicitor to go thus to the Ingham is the dame gd
the other. Solicitors ought to Mow that whoa an order
is trade out by the officer it =mot be altered
except in the proems of all the parties' solleiton.
Being perfectly atialisil that this irregularity was caused by
the solicitor, who went to the registrar behind the back of
the other solicitor, it was but right to make the former pay
all the coots of setting the matter right.
[Three appeared to be a great deal of animosity between
the solicitors as well as the parties to the mom Having no
wish to prolong that keno., we have emitted the tomes el
the solicitors, and cocilmed war report to the irregularity,
sad the Lord Chancellor's opiates ea It, which it Is proper
to make generally lateen to the profesam.]

MOSLIBT O. BARBS A/OD OTIIII2B.—BRELDINO 804DITT.—
REDIMPTION or )101T0A03.—ACT 7 ft 8 W. IV., a.
This wee an eppeal hose &deem of Vice-Chancellor
The bill wee filed to redeem a mortises of some property
situated at Holton fend in the Edgwar.rowt, executed In
1846 by the plaintiff to the defendants, who are trustees of
• trading society called " the Equitable Provident Asso-
ciation, ' which waa formed in Sept: maker 1844, under the
Act & 8 Win. IV., cap 32, for the regulation of benefit
building societies. The object of the society woe,
Sines to raise a hind to be lest to suck of the
enbeuribers es might require lease to enable them
=ham land for building purposes, to complete an-
buildings, and to erect new ones ; secondly, to afford
te pigeons who did not desire to purchase or build, a sale and
pre fitable investment for their spare cash, by taking shares
lathe society, and paying for each share 10s. per month until
the payments with the :profits, interest, and accumulations,
should amount to 1201 on each share, when the society
would be at an end; and thirdly, to arnible the subscribers,
who should borrow un mormage, to pay off the thumbs, mesa
by monthly payments of 4e. as each of the sham held by
them. The foundation deed of the society contained nume-
rous rules and regulations, all of them bring or purportisg
to he in coal :unity with the act before mentioned. The
plaintiff subscribed for 121 shares in the osinpany, and in
April, 1846, borrowed of the directors 7601., on mortgage of

I nekton property to the trustoss. Tbe phi tiff haring
Win tats sneer of hi soathly pinnate sane tine stun,
the desolate szeedeal the power eentained la their roles
sad la the nsestoge NA to sell so mash the property
April, pay tip MI amen whit apemen Is
ISdi,- thoVinff wiling b wiihiraw ham Ile
ening tiadereV:: OK, allha no the mown be
sews' to2b4 sad In dolma a reaeanyanee ef ids
refuel to ronavey, ha=
=
aeon tea 11sliukatir Fes bond Wiley op Ida
ntioadia of the essonatil= weaM
alt bo yam eash ancbarrowlai soneriberli Man wash.
es bane slated, mean to UK The MB peon' as ow
snot Menet wee due ft the onto ea the
mad Vc: the plandrielied amid tillarasti
11bAnt aw-es-Nrlla=
mate the naiftaliol prenhoo.—Tbe Vise-
Measlier boll the time of the meow flea
ad the ruin of die neinigLthe phiatlif wee eatisref to ro-
dent 1114 apes osawnea ad all Wore conniptions ea his
nose until the IYilaYea eft e soelety, and he referred it
to the Mr Aer to abate* ant state the probable demise et
the asekty, add to treat dl the mutate that would With's
bonne doe is pleiedra done as if Immediately dos.-11r.
Bolt sad Mr. Frier win in the appeal against that deans;
the holisiter-Oeseral sad Mr. C. SWIM supported It.—
Judgeseat postpcnsi.

wetore the Vin.Chwaellor of Zeeland.
Arroarrev-Garraata. e. ram EARL Or Illiarvoso.—
PROPOSAL TO ALTRI TIM EMULATIONS Or TIP MAN.
MINIMS flartooL.—The at.Rlq of this awe on behalf of
the Waters was reported is the Esprws of Thursday
last—Mr. J. Parker appeared ter the trustees of the Kea.
Awes, &heel, sad opposed the prepesidens of the refaces,
the first et wWdi wee that the wester should sot be silo wed
to take boarders. This, it wee scatraded, was at variance
with the dowse of L7E4 Lyadkant, sad the court had ao
power le esarkler that wrestles, mope se to the reptletiess
sad restristisas wader whisk sack Warders were to be re-
etempistmtra
asked. The satewil wee that the boarders should
set he admititd te la the exhibitions of the
alsel. This was. la fast, in the nature of a re.
Medea apes eiseters to sack exhibitions. prokkitlsp
this. haw *Nadas the horden i bat without heyisi those
skaters premed hew staid the newt say they should net
sleet t The slat pimpled wee, that the laws whit& bad
hem provided kr di* la mil
rapes the express lateatice
that they &sal make s,eftibe aprlied to othtr
sod the maw d of thew. This
wPeozaPlcdne saksi . what bad already bees exisedosed
Lite esort,
awak sal week
le take Willeulty weed be ere,
la e itaseas Use hew" so that a
Material injury weld ha elleehmil to tea Amity. There
were ether natters of adage iwpselease, hat the wkhes of all
parties were that the ewe iambi not be seat bask to the
vaester, bet that the smart theald make such a deekratioa
se would smirk the edam te he tarried out without further

ifirmßagebawe at therms aide, said the n lintention
of titre. relators was very Werra to that which was sow put
forth. The object at prase appeared to be. ton keep the
wheal es a gramme Mira ; het the inforratra sought to
do away with all pammethal sad drake teaching,
odand to
turn the dimity Ws • umeneraial academy fur die uca.
don Oaths cad emsmeteste, and to set op • umber of
Wise rasa. The Makin appeared to have had •
greet brags d Imde rend Oreek,"fie supposed braes* they
Israel to may, or some mob thing. They said such
kareieg wan rawly rafts at the present day, sines men
had brame rare eshghlesed. All this had been now
thrum wore
erred
a dramailion woe asked mare @assistant
with the reemed raise rid the reran. The peat guee-
ties dialoged m pm*, 4111111111fille wee whether pour
hope and raddera el Piargemeier were alms to be admitted
to participate le the dally. The grades had been de.
sided by the Loyd Okonseder Cadmium who had said
that it was to Ds epos Maler whether poor or not, from
an empty whatever; bat hie lordship bad mto
declare that boarders in the school Wen not it objects of the
Marity—this was quite in oesistast with the precious de-
claratson. There was no reason why boarders should be
excluded, they moire the same instruction as day boys,
, only that their pirate being unable to provide properly fur
them at home paid the master for their brad and lodging.
It was directed by the fouadatios deed that the trustees
should be empowered "segment, 'morgue, expound, and
reform" the *Minuets et the moral, under this power they
bad increased the Mime of the head master hoc* 101. to
6001. per mum Pee a hoses b UT, in. Tlig trustees
had nee various other exteresive reforms in the menage-
moat of the echos', and why should
might
also bare the
power
pow of diessting that the rasters take boarders
Lord Lyndhurst, in his jasmine upon use, criaidered
that the sanction et the trustees to the system of taking
boarders bad been give. when they ordered the abut-
house to be enlarged, is order that boarders might be ac-
commodated, and the opera sow objected to had been per-
mitted by the treeless foe a great number of years. Lord
Lgadheret had eapre sly declared his opinion that there
should be breeders, bat manly referring at to the master to
state what spalifloadirms and redrietions would be noculazy
the master bad only emirate ose restriction, which was
that the boarders should have been at loam five years in the
school. That appeared a very wholesome rroulatiots.
Another objection by the relators was to the salary of • ma.
thematical muter. The opposition upon this subject must
evidently have orme from rase Oxford advisors, whore
I.lnalloujiha: very Hale of mathematics;
ere not alw•atysitegmal
to Miring a proper educating La cleated masters n
mathematic*. Another
punka was this: If the rasters were not allowed to
take burden, what wee to rause v 4 the houses Louie for
the purpose: It so happened that they Wife littOM•ii in a
most unhealthy position, the point where all the filth
and dirt of the town was brought to a focus by two stream ;
as es* ...mad sees teat seek • plate se ibis. It bed been
proposed to convert the bedding' into a factory fur school
children ; bat this would be a moat improper pup s. to
apply them to. Mime of the rimaisieg suggestions of the
relators; wore very desirable, parsoulorly that for setting
emu 601. for prime to di- esholiare • but the only real quer
Ira was, es to the empties .fboe'rriors by the rasters, and
the Inesene lisped the his amour would not some to any
denies that wadi 11111allaS beardirra. or deprive them of a
the the charity, since it would
rilleprellinte the =d Lord Lyndhurst, contrary to
die vibes et i and the intention of the founder,
sod to Ike krairas et the toga of Miusetmeter.
Mr. the mum' for the mute., of the school. Mr.
Bothell was keai ie reply; after which kis dement n-
omad his jejune till efts, the Christmas vacation.

Bros Vise•Chomener tired Drum
&Mall IT-01U1 MAL e. lIITLLLI. ST. MART'S New.
I MOTON C 11T1 ss.—This was aa infensation praying that it
might be declared that a sutra charity estate, sailed Wel.
worth.eommon Nitre, was vested in the governors and
giantism of the pear of 81. Mary's Newiegtos, upon the
trusts dam cat of parliament peeped is the 10th Gee. 111.,
for dividing the salumma of the parish. end disposing ef the
tame for the benefit of the pear ; er otherwise, that the estate
was vested la the erstrehwertiess sad overseers, or she is
siotrarrezemeisted ands* the above set. sadt, that it might be
who wen the trustees, wed that say vsssatics
might be applied. The informaties air prayed tor an
assettat sad a nosiver. The principal question discured
wee is wheat the legal estate of the property vested,
luster the ahem; est, and other sits of parliament
passed subseqseatly is the 64th and 69th years of
Ges. F. Simpkins= and Mr. Toulmin sup.
ed
the isheratien ; sad Kr. Swell,Swell,Mr. Bacon,
ported tb. luSesaaiica; sad Mr. Ress.U, Mr. Boron,
Mr. WiUcock. Mr. Moline, Mr. Phillips, Mr. J. H.
Palmer. Mr. B. Palmer. Mr. W.lll. Jeans, Mr. Collier,
mad lllr Welted, for ON verbena dehadants. —The Vice-
Chasamisi retread it to the Marie Is impart whether there
were say sad what remaking tritires of the estate under
led met. of 10 Or. 111 ; whether it would be fit and proper
mad Iter the her& of the charity, it there were no tenant
if the wen; that then shard be a trustee, frr the time
la the Oar et the Want of the manes, sad how he
shhoouuldd he =led ; Izmir mew trustees to supply any
varanchs &sold find to era, and to
inquire fa wham it word be kr the benefit et the charity
that the legit meats shard be vested, having regard to the
sets or the 10th & 61th Ctn. 111. had his Honour (by
einsest) appalard Mr. laving receiver, with security, at •
salary of 201. fryer.

COURT OF QUIRIFS
Non Paten, at Ouilditsll.—Basse Led Deernen end Common Juries.
Thu Caitlin V. ISATAOL—PRIJnar.—Thie was an in-
dictment for periary arising out of the following abeam
stances :—Apenon callod Freeman brought enaction against
• Mr. Batteley, Lad Moraine/eon's steward, for goods sold
and delivered, the whole mount of the claim being about
1101. Amongst other charees there was one for 42 cwt of
iron, and at Y/aostead. Mr. Battalay disputed this item of
the account, and the defendant, Ravage, a tacker and auc-
tioneer, who kid had some opportunities of Mien the iron
in Freemen's passerine. ewers, upon the trig. that the
whole quantity he h id did not exostA thirty cc forty pounds
in weight. Witnesses were now called to prove that this
sediment was incorrect, and it use admitted by the defend-
ant that Freeman had had at least 22 cwt. in his pesseasion.
Mr. Hemfrey, Q.C., for the defence, contended that there
was an absence of malicious motive, that the statement was
not made wilfully and corruptly, and that the defendant had
mistaken the quantity of iron. A rest number of witnesses
as to character wore ealled.—The jury having retired for an
hour and • half, returned into court with a verdict of Guilty,
but otiosely reoesunanded the defendant is mercy, on the
roand that he might have been mistaken. Mr. Berjeant
Wilkins conducted tie prownitiou.
Tan Qua! 11. ISAAC WOBIL3T.—PIatiIIIIT.—This was
an indictment for priory, arking out of certain evidenee
given in a suit of "Lolly end Kelly," is the Court of Arches.
It appeared that Is tke year 1846, some unhappy differences
heft at
.iass between a Mr. John Kelly sad Ids wife, the
kAbeiwellbated • mit la the Court of Arches to obtain a di-
=.16.11111 her imelmnd, on the ground of adultery. The de-
Womfayr Inn a witness on behalf of the wife, and
ft" answer is an istaregatory, that We husband bad
*lda** be wallets with another wen.an, who
was set hie wile, and who was enceinte by him. In reply to
lbe third onswiaterrogetery, the defendant ewers that he
MI lOW nemmed the mane " Abbott," and this was the
projery paregemd. Os the pert of the prosecution it
was prom* *et the defendant bed, in the year 1836,
lived with • woman who was not his wife, and
weautiad the name of Abbott, which was also
adopted by her. A child was the result of the cohabitation,
and the defendant represented to the surgeon, the monthly
nuns, a wet ewe', and at the christening, that his name
was Abbott. The chid was Impend in 1840, by the name
of " Mary Abbott, daughter of Thomas and Mary Abbott,"
the defendant being presort. This was the co.V for the pro-
secution, which was eendneted by Mr. Ryland.—On be
half of the defendant Mr. Berjeant Wilkins contended that
the answer of the defendant to the third cross-interrocatory
was not in any way material to the issue. The defendant
was not aware that his answer to the question whether he
had assumed the name of Abbott could in any way be mate

vial to the result .of the awe is the Court of Anima, lie
weld aot, therefore, be said to have s
wore to the etoteweat
mo
which was alleed to be perjury fres mad corrupt
tivol.—Lowl Dgeems hewing briefly 11411111md op, the pup
at wow sequitted the broadest.

COURT Off COMMON PLEAB—Y AT.
)k Pans.-9Mers OW Judas MN, aid a Juy.
Testeaday ins the Mt deg el tits ' sittlags The
total amber of
if emend ko trial le liar altalese 67
....paw jury am, of wish& 46 are Oa 69 ars
scasassajsrim,of "adds 19 are rassnata Oa sitting of
the wart as •nest mime, sa 'lsadefendsd moles Ot tam-
slat Wes slam low ; fee die other *seas la At deg's list
having bass sailed ea went off, owls' to tionnismse of wit-
a.liss Or sitcoms, aad the mat seasegoostly nee at tea

COURT OF BICRIIQUEB.—Tsermwer.
The Nisi Pries sittings for Loudon were commenced yes-
terday before Sir F. Pollock, C. B , and cemeson juries,
at °Mid ball. The minted list contained 246 mem, of which
80 an new omen, and 66 to be tried by special juries. Time
dlspated of yesterday were not isterestiog except to the im-
mediate partite.

ASSIZE INTELLIGENCE.

SOUTH LANCASHIRE SPECIAL COMMISSION.
Lteravoox, Dec. 11.—Mr. Baron Alderson and Mr. Jos-
tles Kale luny disposed of the business st Chester on Fri-
day night, arrived Liverpool on Saturday night, and
'petted the ciontinindoeat this morning.
Mr. Bane Alderme proceeded to deliver his address to the
jury, sad stated that the duties which had of late
Calimpoesd upon gentlemen of this county and the county
of York bed se Increased, as to all forth the ettesmity of
the senses being extended from twice to these tie* is
the mane of the year, and this, he wu of opinion, must ems-
dam so long se the northern circuit remained is ste pre-
seat esaditlea. They had hue a ealeader et 166
with upwards of 200 at York, and if, whim they
the judges) arrived in the spring, they should be detained 10
ays or a fortnight here, and for a sore prolonged period at
York, he would leave it to ties to say bow it wm perible
that the trials of this great number of printers
meld be got throog_h within the space of time allowed
tows at Hilary Term and arriving before Easter.
rime ithavir Mintes with whin many of the prisoners were
elm* at the meant raise had to do nay much with the
reteleieg simian la tads most impertaat seenty. A great
number et** ewe" weal met sheserapy their attention,
became many at the offense enamitted lied been found by
the grand jury at the last seams, sad would, of course, be at
ones taken before the petty ja • but he bad been informed
that it was the lunation of her 's government sot to
remain contented with bills as at tent Sound, but that it
deemed It their duty to make • selection of some of the pu-
mas 'barged Inthem eases, sad piece them in a different
'frostiest arose others, by preferring, under an act of the last
session of parliament, indictments for trait:roue felony.
—The learned judge then proceeded to expound the
3rd motion of that set, which was the 11th Vie. et. 12,1
He took it to be clear that, where " open and advis. 4 speak-
in" assumed the nature of advice to others, it was, of insl4
an overt act of high treason. His lordship then, at great Ins*,
explained the distinction of mach riotous and illegal seam-
bliog r eaestinted the levying of war, and such as
mat be held to be merely nouns sad illegal assembling,
and what was meant by deposing the Queen. It was not,
he said, neeeesary that there should be • general sonspiney
to take the Quin from the throne of the United Kingdom :
it would be the same if there should exist a conspiracy to de-
pose her from any portion of her doniiniees—ito that:he offerer
would exist if It were proposed that she should be no longer
Queen of Ireland or Scotland. They (the grand jury) must
inquire whether the evidence satisfied them that there was
• public and general object in view to carry an
set Into effect by fonts end
i violence and whether
the object so sought to be carried into .acct was
mural, pervading the whole kingdom, or merely a district
thereof. -If the object 'ought to be ueomplisind was the
pulling down of the teßls at Ashton, Dokinfield, Hyde, or
other pieties, this would be a conspiracy ; but if there was
any intention of universal insurrection, to carry into effect a
general and public object, as by overawing the Queen or the
Houses of Parliament, compelling them to act contrary to that
which tht y deemed to be the best and to the advantage of all,
such an attempt, if carried into effect by force, by the dis-
play of arms or weapons—this would b 3 high treason. There
was one matter more to which he would call their attention ;
because this act had altered in some respect the law of high
teems. Some of them would be aware that the act of ten-
ses, by Ildwarelll., counted in eampassieg or imagining
aloes; the overt acts were merely the evidence by which the
Warn was made manifest, but the present act of which
they were specking-made it necessary that them should
be not only an imagining or conspeesing, but
that there should be shown an overt act; and,
therefore, they must be satisfied that stun overt act
was made out, as well as the oompsesing or imagining, and
if sues particular overt act was not made out, they ought rut
to Ind bills. It was absurd to say that words might not con-
stitute an overt act; for instance, if he advised • man to kill
his neighbour, and, acting under that advice, the man did so
kill his a. ighbour, it was idle to say that the advice given
amounted to the mere uttering of words. His lord-
ship next adverted to a charge preferred against six
penmen, for the murder of a police-officer at Ashton.
He would in conclusion say one word to them, es he had
done to the grand jury of the county of Chester. They had
the winter before them, and distress at this season severe,
and, he feared, more so at the pretest time than ordinary.
He felt assured he need not do more than tugger ta them
and all other gentlemen of wealth, and those gentlemen con-
nected with the manufactures of the county, the opp.irtunity
esbieh new presented itself fee manifesting their kindness
end sympathy fee the poor. To extend relief and succour
would he • cheering recollection to them, and also, by so
doing, they would not merely relieve the distress and misery
by which they were surrounded, but would be the means
most materially of contributing to the peace and unity of the
Important manufacturing districts by which they were sur-
rounded.
At the conclusion of the charge two came were heard of
little public interest.
SWORD COURT.—Before Mr. Justice Fate.
TRIAL OF REPEALERS Rid CONSPIRACY.
P. O'Donnell, a surgeon, J. Cuddy. M. Somers, R. Iloy.
per, B. Murphy, J. O'Brien, M. itosAall, P. H. Detainers,
0. Smyth, ace J. West, were Indicted for conspiracy at
Limn** Ms Attorney General, assisted by He Know
Q 0 eat Me m. Paget, Welsby, and Crompton,
fie" grosertims. The wieners were respeetWile--
fended by Messrs. Pollock, Simon, Atkinton. Dierehry.
&spinal), Seger, and James. The indictment charged that
the prisoners had conspired to purchase arms to Innemis
for rebellious pupates to Ireland ; also an intent to Wee en
insurrection in Ireland, and to procure arms for the peep*
et ebstructiog the law in this country.
The Attorney-General stated the mu aping the prisomee
etic:length, sad called the following witnemes
*Maly, a polio" *leer, stated that he hid
semind tits blase of the prisoner Murphy is Peover-strest,i
and found • nainute-book. A musket was also found is •
Gluck-case, and a pike-head in a locked cupboard.
A number of witnesses to prove the handwriting in the
minute book were next called.
Mr. W. User, a merchant in Liverpool, gave the highest
*erecter to Hanel), who is in his employ.
Mr. Knowles read over seriatim the various entries in the
mlnutabook. It showed that the military chest n con-
tained more than 31. One minute was that any one who
failed to give a satisfactory essuranoe that he was possessed
of ear and ariannition, should be disqualified from sitting
ea the sets leas- Dr. Reynolds had stated at one of the
mode. that a detective eisr- had applied to him for a
siturien sea drill sergeant, representing himself aa a dis-
abled slaw, and cautioned the members against such
*mestere.
Xt. Charles Milted, a reporter said he attended a meet-
Mune-hall on tt.e 31st starch. He reported the
Somers to have said, " It was not a week since the
reirairly hirelings of government had invaded the rights of
public meeting, by in imidating • set dm worthy democrats
as ever the light of h shone upon. He inked this not
to revenge themselves that night, but if to their next petition
they got • nay, let them resent one on the point of the
bayonet. (Tremendous applause.) Let them swear that night
to ane common 404.11 of the charter of England and the re-
p* of the union ; and, ft so. the day of this tyrannical
ministry will be very brief. (Cheers.) Tee press did not like
the fraternity of the English and Irish. He saw this in the
press of the town—in that slavish paper the Mercury. He
had commenced with the Mercury, but there was another
paper edited by • countryman of his own, and, if anything,
its principles were more destardly than the other—the paper
to which he alluded wee the Liverpool Journal. (Cries of
' That's Whitty—feln-hearted Whiny; and disapprobation
expressed towards the Journal) Nasal force was a humbug.
Toe only way to proceed was with a musket over the
shoulder and • pike in the hand. (Tremendous cheering.)
They were asked what they would do if there should be a
massacre of the men of Liverpool—would they revenge it—
and how fl Moscow I') No ; not Moscow. lie would ask
them what money they could spare to buy weapons He
could tell them that there were good muskets to be had in
Liverpool at 6s. each, • bayonet included, If necenary."
(Great approbation.)
Mr. S. Harker, another reporter, spoke to having attended
a seating at the Music Hall, on the 14th April, at which
both Dr. Reynolds end the prisoner Somers delivered very
violent "man. The first announced that he had begun to
deal in pikes, &e.: the snood held out a threat that the
news should not be four hours In Liverpool of a massacre of
his countrymen in Ireland till the skin should be reddened
with the blase of the Babylon' of England.
Mr. Roche, a third reporter, was deposingto some other
violent speeches when our despatch left.