The Express.
London, England, 1848-01-12 00:00:00

WALES.

ATTEMPT TO THROW A PASSENGER TRAIN DOWN
rltEriPice.—At the Cardiff 'elisions on Friday, William
Steil, a young man attired in the garb of a labourer, was
indicted for wilfully and maliciously attempting to overthrow
severala t a
rails,train
tohletrehb vTpoltar inNik.altleir,..l".npupbl.:Troornz
pirions in cen•iderable pperil. The trial lasted more than
nine hours, the proceedings creating the greatest interest.
From the evidence adduced, it appeared that on the evening
of the Bth of last month, a passenger train, comprising eight
carriages with upwards of fifty passengers, left Cardiff far
Merthyr on the Taff Vale Railway. It proceeded at its
usuiil rate with ^very apparent security until it had arrived ,
at a particular part of the line, 18 milzs from Candid and 6 •
front Merthyr, when the engine, tender. sod three of the
carriage• went off the line. At this point the line is formed
on table land on the Kill of a mountain called Rubuchan.
The mountain is on one tide, and a precipice of 100 feet over-
hanging the Taff river on the other. The evening was dark
and stormy. The river was much swollen, and in th•: event
of a passenger train going over the declivity into the stream
the result most have been frightful. Fortunately for three

in the train, the engine went off on the side of the moues.—
As may be supposed, the most painful alarm was mani-
fated by the passengers, and on the guards making an ex-
amination as to the cause of the accident they discovered
that two of the rails had been forcibly taken up ; one was
thrown across the centre of the line, and the other was subse-
quently found to have been thrown down the embankment.
The spot was described to be most secluded, the nearest habi-
tation being some miles distant. There area serial of severe
curves, under 12 chains radius; and by a providential inter-
ference the delinquent, ignorant of the laws of motion, had, as
appeared from the evidence, removed the rails at a point,
which, although he intended to have been the means of
bailing the train down the precipice, had a tendency to force
it on the reverse tide. For obvious reasons the particulars
are omitted, but it may be mentioned that bad they been
displaced only a few yards distant nothing could have pre-
vented the precipitation of the train into the
river. From a variety of auspicious circumstances
the prisoner was apprehended on the charge of basing ,
committed the murderous act. It would appear
that the prisoner was a native of Aberdeen, and for the pre-
vious six months had been employed on the works of a '
branch line, but not in the service of the Taff Vale Railway
Company. During that time he had formed an acquaintance
with a young female named Eliza Williams. lie had been
supplanted by another party, Thomas Lewis, the stoker of
the train, which had given rise to considerable ill-feeling on
his part. lie had been heard to hold out several threats,
one of which was that he would kill his rival. The mode of
removing the rails being explained, it was shown that be
had been inquiring for such tools as would be required in
efficting their removal. In the course of the evening, just
before the occurrence, he was seen in the vicinity of the spot,
4i miles from his house, and failed in giving a satisfactory
explanation of his being there. A peculiarly constructed
knife was found in his possession, which was shown to have
been used is cutting some pieces of wood which were left on
the spot, and which had been employed in re-
moving the rails. The chairman having summed
up the evidence, the jury consulted for a qua-
ter of an hour, and returned a verdict of Guilty.—The
chairman then proceeded to pronounce judgment, and la-
mented that the legislature had made no proper provision
to meet such cases, the maximum punishment, according to
the General Railway acts, being two years' imprisonment,
with bard labour. Fortunately, however, for the protection ,
of the public, the 166th section of the company's own act '
provided, that if any person should wilfully and maliciously
injure, break, throw down, or destroy any portion of the
works, he should be subject and liable ea incases of larceny.
The court, therefore, felt bound to apply that power. There
could be no doubt as to the murderous intention of the pri-
soner, and the sentence was, that he be transported for the
term of seven years.
A LIBERAL LANDLORD.—Lord Dinorbtn lies inti-
mated to his numerous tenantry, that, in future, they may
consider the hares and rabbits on their farms to be entirely
at their own disposal.
" ROBBERIES PREVAIL IN MANY PARTS OF SOUTH
WALEA, in consequence," says a local paper, "of many of
the Irishmen discharged from railway works, or attracted by
the hope of obtaining work, having been thrown upon the
Welsh fur support. The poultry yards are cleared; houses
nightly attacked; and much alarm prevails. To make
matters worse, it is expected that the Dowlaie iron. works
will soon be stopped, in consequence of the absence of an
agreement for the renewal of the Bowie', lease between the
Marquis of Bute and Sir John Guest, Bart. Mr. Booker,
who will be high sheriff, applied to the court at the quarter
SelliiollS this week for an increase in the police force."

in leyiog out his grounds. You were entirtained by him as
a guest fur many weeks. For nine or ten weeks you were in
his house. You took advantage of the knowledge
you acquired by so being in his house of when
different articles of his property were kept to plunder
him. The whole of these tranNuetions appear to
have been connected together. The greed jury found
four different indictments against you. At first I thought it
would have been necessary to _proceed, at any rate, to the
trial of one of these indictment., to which you pleaded not
guilty ; and nothing but the statement which has been mada
by the medical officers of the Castle, as to your past and
present state of health, would have prevented me hum pur-
suing that course. You now stand before us, liable, upon
the indictment to which you have pleaded guilty, to trans-
portation. If the court thought it their duty to go that
length I certainly for one, and my brother magistrates agreed
with me, thought that it would have been a proper coarse to
have another indictment against you tried ; but as our object
iu the sentence I am about to pronource is to reform you,
and to make you an example to others, and not to
shorten or to destroy life, we don't think that,
in the circumstances you are placed in as to health,
it would be doing justice to do so. The scateues
of the court is, that you, Gorge Thurtcll, upon thin
indictment, to which you have pleaded guilty, be imprisoned
in the Castle for one year, and that during the time you be
kept to hard labour. I add this latter port of the sentence
because it is the practice of this court, or of any court
of justice, to show any respect of persons, or to snake a dif-
ference between the rich and the poor, between the edit.
sated or the uneducated ; hut, if any difference were made,
it ought to be in favour of the poor, to whom temptations
are greater, and their means of knowledge less. I have no
wish to enlarge nor to wound the feelings of one in your
iituation, I only thought it right to state so much, that the
country might know the grounds upon which the court
had proceeded. I have nothing further to add. The learned
gentleman then remarked (not addressing the prisoner):
Perhaps it may ae some comfort to his friends to say, that
though I mentioned hard labour, it will be such as the medi-
cal officers think him equal to.

tn. $ 0

1 •
t... •
1. 3
. . ,
•
in the train, the engine went off on the aide of the mountain. in Lying out his grounds. You were entertained by him as
As may be supposed, the most paialtd alarm was moan- a guest for many weeks. For nine or ten weeks you were in
fasted by the passengers, and on the guards making an ex- his house. You took advantage of the knowledge
amination as to the cause of the accident they discovered you acquired by so being in his house of when
that two of the rails had been forcibly taken up ; one was different articles of his property were kept to plunder
thrown scrossthe centre of the line, and the other was saber- him. The whole of these tramactions appear to
1 '
quently found to have been thrown down the embankment. have been connected together. The greed jury found • .
The spot was described to be most secluded, the nearest habi- four different indictments against you. At first I thought it ,
11
Wien being some miles distant. There are:a series of severe would have been necessary to _proceed, at any rate, to the
curves, under 12 chains radius; and by a providential inter- trial of one of these indictment., to which you pleaded not •
Terence the delinquent, ignorant of the laws of motion, had, ea guilty ; end nothing but the statement which has been made .
appeared from the evidence, removed the rails at a point, by the medical officers of the Castle, us to your past and
which, although he intended to have been the means of present state of health, would have prevented me from pure
hurling the train down the precipice, had a tendency to force suing that course. You now stand before us, liable, upon • .
it on the reverse tide. For obvious reasons the particulars the indictment to which you have pleaded guilty, to trans-
are omitted, but it may be mentioned that bad they been portation. If the court thought it their duty to go that
displaced only a few yards distant nothing could have pre- length I certainly for one, and my brother magistrates agreed
vented the precipitation of the train into the with me, thought that it would have been a proper coarse to
river. From a variety of suspicious circumstances have another indictmentagaiest you tried ; but as our object
the prisoner was apprehended on the charge of hating in the sentence I am about to pronounce is to reform you,
committed the murderous act. It would appear and to make you an example to others, and not to •
that the prisoner was a native of Aberdeen, and for the pre- shorten or to destroy life, we don't think that, •
vious six months had been employed 'on the works of a in the circumstances you are placed in as to health,
branch line, but not in the service of the Taff Vale Railway it would be doing justice to do so. The anntelll.33
Company. During that time he had formed an acquaintance of the court is, that you, George Thurtell, upon this
with a young female named Eliza Williams. lie had been indictment, to which you have pleaded guilty, be imprisoned
supplanted by another ;Arty, Thomas Lewis, the stoker of in the Castle for one year, and that during the time you be i •
the train, which had given rise to considerable ill-feeling on kept to hard labour. I add this latter pert of the sentence
his part. He had been heard to hold out several threat', because it is the practice of this court, or of any court
one of which was that he would kill his rival. The mode of of justice, to show any respect of persons, or to snake a dif.
removing the rails being explained, it was shown that he fereaoe between the rich and the poor, between the edue
, had been inquiring for such tools as would be required in cated or the uneducated ; hut, if any difference were made,
effecting their removal. In the course of the evening, just it ought to be in favour of the poor, to whom temptations •
before the occurrence, he was seen in the vicinity of the spot, are greater, and their means of knowledge less. I have no
41 miles from his house, and failed in giving a satisfactory with to enlarge nor to wound the feelings of one in your •
explanation of his being there. A peculiarly constructed situation, I only thought it right to state so much, that the
knife was found in his possession, which was shown to have country might know the grounds upon which the court
been used in cutting some pieces of wood which were left on had proceeded. I have nothing further to add. The learned
the spot, and which had been employed in re- gentleman then remarked (not addressing the prisoner):
moving the rails. The chairman having summed Perhaps it may 3e some comfort to his friends to say, that
up the evidence, the jury cuusulted for a quay- though I mentioned hard labour, it will be such as the meal-
ter of an hour, and returned a verdict of Guilty,—The cal officers think him equal to. •
chairman then preceded to pronounce judgment, and la-
mented that the legislature had made no proper provision
to meet such cases, the maximum punishment, according to NAVAL.
the General Railway acts, being two years' imprisonment, oeh ee, _ , 7.—Notice • . .
with bard labour. Fortunately, however, for the protection .u re ...oat —eaN. is hereby given, that
theu account
of the public, the 166th section of the company's own actsales of the proceeds arising from the cap-
the slave vessel, name unknown, by her Majesty's
provided, that if any person should wilfully and maliciously
injure, break, throw down, or destroy any portion of the shipe , te ,teB4l
te
Wa rwi h T. F. link,. Esq.,
.'Commander, on ice Bth_
et will be registered in the Rich Court of a 'i
works, he should be subject and liable as incases of larceny. "'V of May, "
Admiralty, on or after the 17th inst. —J. WOODRUM', 1 .
The court, therefore, felt bound to apply that power. There a ,
could be no doubt as to the murderous intention of the pri- ag..„."4" "e„, e'
souse, and the sentence was, that he be transported for the
—lnn.evaL TA NI TITS OT WINDSOR.—ADMIRALTY, JAW. 10. •
last night's Gazef,e the Lords Commirionces of the
term of seven years.
A LIBERAL LANDLORD.—Lord Dinerhen has intl-
. Admiralty notice to such lieutenants in her M desty's
(rived 'of he'recommended for the •t-
-navy as are memos mg
mated to his numerous tenantry, that, in future, they may ment of Naval Knight of Windsor, under the will of the late / ,
...
consider the hares and rabbits on their farms to be entirely Samuel Travers, Esq., that they must apply at this office on t
at their own disposal, or before Feb. 11 next, when they will Ise informed of the 1 ii
" ROBBERIES PREVAIL IN MANY PARTS OF SOUTH S nature of the certificates and testimonials which are required
WALES, in consequence," says a local paper, "of man of to show that they come within the meaning of the said will,
the Irishmen discharged from railway works, or attracted by which expresses, " that they are to be superannuated or di"-
' the hope of obtaining work, having been thrown upon the !bled lieutenants of English men of war," and shall he
t'
Welsh fur support. 'The poultry yards are cleared ; homes ' tangle men, without children, inclined to lead a virtuous,
nightly attacked; and much alarm prevails. To make
studious, and devout life, to ba removed, if they give occa-
matters worse, it is expected that the Dowlsis ironworks don for scandal."—H. 0. WARD.
will run be stopped, in consequence of the absence of an PORTSMOUTH, JAN. 11.—Stromboli, et., which arrived on
agreement for the renewal of the Howbeit; lease between the Sunray from Woolwich, has defects to make good. When
' Marquis of Bute and Sir John Guest, Bart. Mr. Booker, completed, she will be paid, advancewages, and await .
who will be high sheriff, applied to the court at the quarter orders : Malta is said to he her deetination•—Bonetta (fitted
• SelliiOns this week for an increase in the police force." at the Eastward) was to have sailed this day for the coast of
Africa, taking mails, but several defects in her rigging have . i )
ll
been discovered, and she will remain a day or two to make
o PROVINCIAL, them good.—Cuckoo, at. v., will be ready to proceed to ,
1 LANCitslllßte. Jersey on the lath inst.—Birkenhead, st. will be paid off
r HIGGINSON AND DEANE'S BANKRUPTCY. The on the 13th inst.—Avon, at., will be completed, and proceed
, fourth hearing under the fiat of bankruptcy against Messrs. to Cork, on the 14th inst.—Netley, tender, armed this
,day li I
Higginson, Deane, and Co., the extensive 'West India mess from Devonport, with
.supernum.rartes.—Rear-Adm. I res-
[ chants, took place yesterday. in the Liverpool District Court cott re-hoested his flog in the Excellent, gunnery ship, yes-
,of Bankruptcy, before Mr. Commissioner Perry.—Mr. Jona- terdsr• ,
The firm received a bank-
' than lligginson, the chief partner in the firm, was re- Siteesteass, JAN. 10.—The following minute has Oda day
been issued by the Captain Superintendent of her Majerty'a
examined at considerable length.
ruptcy notice from the Royal Bank on or about the 21st of dockyard, Sheerneas :—" To the respective officers of this
) October, which expired on the 11th of November, and the yard—My Lords Commissioners of the Admiralty baying
chief points of the present examination referred to two yes directed that the following number of drill officers arc to be
eels which arrived here in the interim, and were sent, with allowed for the brigade at this yard, together with instruc-
= their bills of lading indorsed, to Hamburg, and there dis• tions as regards the drill pay, I here to wally the seine for
9 posed of. Mr. Iligginson stated the cargo of the Lancaster your information, viz., one adjutant, and two sergeants-
I to have been sent to Hamburg after the Ist of November, major, one for the battalion of infantry, and one for that of
r but he could not state the precise date. Word was sent to the artillery ; one quarter-mater-seretunt for the duties of the .
o catain of the other vessel, the Alice, M. Cork, on the 10th of office, and two drill sergeants for each company of infantry
. November,
A LAMENTABLE only o e day
R
A4PlLfoWrneTthAe CncoltipceENexTp and artillery, and one drill sergeant for each company of the
ireoccUrresl on exceed the sums alio - d lords have , •
boat battalion. With respect to the drills, in order not to I
iSe , mydecidedthat Luring
k Monday, on the Manchester and Liverpool line, at Preston the month of April the officer' andnon-commissioned officers
Brook, by which Mr. Edward lialliwell, agent to the Earl only shall be drilled, and Mr two days in the week. During
s of Ellesmere, lost his life. This gentleman, who was only the months of May, June, July, and August, the whole form ' ..
11 i
about 25 years'old, was a much-valued servant of the noble is to be drilled, also for two days in the week ; and the drill
1 .
earl's, and had lately been stationed at Preston Brook. On will close on the Ist September, as by this arrangement lees
Monday maiming he was crossing the line of rails on which time will be lost by the shortness of the days. With respect
~• a train was coming up, and could not get out of the WAY to the hand, my herds desire that it shall consist of not more
F quickly enough. One of the buffers first caught him, and than 21 men, which number is to include a band
o dashed him forward a considerable distance along the master and corporal; a drum major, and bugle major,
?, line, when he fell longitudinally on one of the rail?, and was will be allowed for the brigade
generally, and one drummer .
h
unable to move before the wheels passed over him, almost or bugler to each company of the bilged'. The persons
's cutting his body in two, lengthways. The situation he held composing the bend arc to be paid only on the days of drill
had been previously filled by his father and grandfather, during the bummer reason, namely, from May Ito Aug. 31,
and he has left unprovided for a mother and sister, and for one day a week during the winter mouths fur prac- .
ti who had been dependent upon him. He was highly tire, and their pay is to be on the following scale :—Band-
h respected by the tenantry, as well as esteemed by master and drum and bugle major, Is. 4d.; corporals, ls. 2.1 ;
?, the earl, and by a very large circle of acquaint- privates, Is. My lords arc also pleased to allow the adju. -
" am* in the neighbouring towns.—Another fatal accident, trans of the brigades an additional allowance of 301. 2s. fist.
It by which two lives were lost, occurred about two miles from and per annum for coals, candles, a servant."
, , Rawteastall, on the East Lancashire Railway, on Saturday le estimate for the expense of the brigade at Sheen NI
L' afternoon. Four men, S. Bentley, of Smalthridge, J. Hat Yard is as follows :
Y stead, of Colne, and J. Dyson and J. Butterworth, of I Adjutant £lo9 II 0
to Rosendale, had been ordered to pull down all the loose 2 Sergentr-Major lO9 10 0
iprops on which the balks rest that extend across the water- 17 !trill Sergeants
,1 couree• to prevent their being carried away. They had just Drillialy l7OO 17 0
,a knocked down one of the props when three of the great Ere' a 0
,- balks fell, together with planks, iron plates, sleepers, stones,
ry and earth, so that the party were covered with them, with The Ilavannah is to have a complement of 230 men. The
a. the exception of Derain, whose head was uncovered, and who Ocean has this day been paid off, and will be recommisinned
sj called for help. This was rendered as aeon as possible, anti as a flag-ship to-morrow. The Ganges has been fitted for
..! some of his companions succeeded in getting him and But- service by the ship's company of the Ocean, assisted by the •
If terworth out alive. It was nearly two hours before they re. ya:d riggers, and will be commissioned to-morrow. .1.
I
" covered Bentley and Halstead. They were quite dead. The
I'
Es bodies were afterwards taken to the Duke of Buccleuch inn, MILITARY.
..a
where an inquest will be held. PORTSMOUTH, JAN. 11.—Lieut. Barton, 71st, Ensign
•Oo_ A et:n(173,40N OF DINNERS AND FETES have taken Lyons, IGth Feat, and a detachment of the 06th Foot, em-
h: place idnurilfiguctire,tClitueswhidreuisStffoldusuhuirure,
uaindthLee ile:euretierui bparalkuicedr,yterustursrpudalt, nerrzionrgfu.from Cowes, in the General
1 s
te Stamford and
uatl Warrington's
come into
majority.,.. Tufhieuropper:iy which
it xi ts
1, AthsehtfounionydiuWatuarn)
aeln/triiiiinuctanumesaliure,',
Cheshire
at pantie;
atmuonTioul, tat) Enteiltsentr.
c
7,
Staffordshire; and Ansty and Eradgate Park, with other
a EQUITY COURTS.
lands, in Leicesterehire• The priucipal of these rejoicings in
II- Before the ford Chancellor.
ho the north concluded on Monday night with a ball, at Al- Yesterday being the first day of Hilary term, his lordship
,d Wincham, and a dinner at Ashton-under-Lyne. At the took his scat in court at 11 o'clock, and appeared quite i re-
' latter place a public dinner was given in the Townthalli covered from his recent indisposition. His voice is certainly •
se when about 200 gentlemen of the town and neighbourhood stronger, and his • •
nger,
he were precut, the mayor of the borough, Mr. Abel Buckley, before his ilium. His lordship ruse at three o'clock, alter
a.. presiding, and the principal guests being Charter Handley, hearing some motions.
of Esq., M.P., Legh Richmond, Esq., and J. Fletcher, Esq.,
,D mayor of the court lent. The nehle earl was not present, Belem the rios-(ls.tneettor of England. , I
eo having previously engaged himself to preside at a similar CHRIST'S HOSPITAL v. GRAINGEN.—AI' OF
' 1
'of eatertainment at ninths. CHARITY Illslts IN THE Tow aor ULAIHNU.—The Vice- ,
aft e, M
WARWICKSHIRE. Chancellor delivered judgment in miscue the tacks of which
u Ld, m. EE LECTORe OF COVENTRY presented, on on- were fully reported in the Daily News of Nov. 23. The
ot day, a testimonial to Mr. W. Williams, late M.P. for that suit was instituted by the cormeation of London, as Revere
in city. Since the last election congratulatory addresses have noes of Christ's Hospital, against the meteor, aldermen, end
As been voted to Mr. Williams, and a subscription was set on bureesees of the town of needing, who are the trus-
h,
foot some time ago in order to present him with some sub- teas of certain charity estates under the will of
is. stands' testimonial of the respect which those who had stood Mr. John Kendricke, of the City of London draper,
er, by hint and did not desert him at the last, entertained dated the 'Atli of December, 1624, who left the .um of
dy towards him. A handsome silver epergne candelabra 7,6001. to the curporatien of leading upon trust to purchase ..
a- and salver, weighing 240 on., and of elegant lands of the value of :101. per annum, tur the benefit et the
sr- construction and. workmauship, was purchased with poor of Reading, and to lay out the residue in manner
iin this subscription, and the presentation of the tea- therein directed, for the benefit of poor clothiers in the said
in- timonial took place on Monday in St. Mary's-hall.— town. The will contained a proviso that if the said cerpo-
he Mr. Williams addressed his old constituents at considerable ration of Reading, or their sumessors, should at any time
pet length. neglect, omit, or fail to perform the trusts of his said will,
ith NORFOLK. and that such neglect or omission should continue for the
ng THE CHARGE OF FELONY AGAINST GEORGE 'fHT.IR, space of one year, then the whole of the mid le peel should
rte TELL has resulted in a conviction. A Norwich correspondent be paid over to the corporation of London, for the benefit of ' i
he gays : " Thurtell is a brother of John Thelma' who was I Christ's Hospital. It appeared by the bill that a portion of
I/
to executed at Hertford for the murder of Mr. Weare. George the *aid bun of 7,3001. had beer, expended by the corpora-
his Theutell has, for mane )ears, been known in this city and tion of Iteadiog in the purchase of lend-,, producing 40/. per
•si- county as a rather needy man but somewhat expenencen I annum, and that the residues, amounting to 3,600 e,
Lin horticulturist. Ile occa'ionally lectured on arboriculture in i had been also applied for some time to the use
tht the different literary institutious in this part of the country, of poor clothiers as directed by the will, but that
of and, being respectably connected, has commonly found his subsequently this mode of applying the funds had been
way into good society. Frequently, too, he has been employe I found detrimental to the interests of the charity, and a suit ..
the by gentry to layout theirlawns, gardens endpleasuregrounde Was instituted in the Court of Exchequer for the perpose of
the For a long time last year he was employed by Mr. Edward altering tae destination of the fund.., and a decree was made
not Ferrer, of Sporle-with-Palgrave, by Swaffham, to lay out with the consent of the governor of Ct,rist's Hospital, sane-
ly ; and arrange pleasure grounds, and when there was as timing a new scheme, but which contained a clause of
in usual treated as a gentleman by the family, living and lodsr- forfeiture similar to that in the will of the testator, directing
hey ing in the house, and receiving FIE guineas a week that, in ease the corporation of Reeding should fail to apply
;. During this period Mr. Ferrer was much annoyed by the the funds in manner thereby directed, that then the pro-
:in constant loss of valuable property. The servants were perty should be transferred to the governor, of Christ's
who charged with stealing it ; elle alter another they were dis Hospital. It appeared that the corporation of Rending heel
into charged and their characters injured by the suspicion remained in uudiepuUd possession of the charity !mle until
attached to them, but no trace could be found of the stolen the year 1836, when the charity commis loners leaned the
property. At length one of them sew Thurtell coming from town, and baring made inquiries into the application
a part of the house where he could have co business. le an of the funds, a report was made, by which it was
, apologetic way he said he was looking for a honk, I stated that the said charity funds had long ceased to
•'• but the girl's suspicions were aroused, and Thiirtell newer the purposes fur which they were intended, '
ion, leaving soon after, she communicated the tact to and, in consequeuce of this report, an information was
eat her muter. Soon after Mr. Ferrer write to the I filed in the year 1841. That inforreatim not having come
hat superintendent of polies at Norwich, informing him rather to a heariog the plaintiffs instituted the. e ',recce 'logs, in the
nee what his servant's suspicions were than his own, describing nature of a cross oill, teethe purnose eif °Meanie? ei declaration
the goods which had been lot, and asking him to look over from thecourtthatthefunds hadleommisappliee.and thatthe y
are
_ , Thule( ll's premise., and see for satisfaction if they were were entitled to the estates and meetly winch had arisen from
swe there. Thr superintendent did so, and here was found even. the 7,5001., under the clause of forfeiture in the testator's
Ino item of the !its! property, with many other good. after will Vice-Chancellor said this mac appeared to him a
wards found to be stolen. Thurtell was apprehended and t most clear and simple case Ile conceived that he was bound
committed to Nerwich Castle for trial at the present January by the decree of the Court of Exchequer in 1839, and as a
session-. Mr. Ferrer', goods were embraced in five differ- , mere matter of fact it was plain that thus" things had not
eat indictments. The first was for stealing five Mien and e been done which were prescribed to be done by the decree.
OWN sheet. To chi, Thurtell pleaded guilty. The other four I It was a necessary consequence that the mewling of the fan-
liana indictments embraced the rest of the property stolen from guiege of the decree was, that all the residue of the 7,5001.
was Mr. Ferrer, T., rech of thew be pleaded not guilty. The which was then or might thereafter be laid out, ought to be
area learned Recorder of Norwich, Isaac Jermy, Fem., who is ; paid over to Christ's Hespital. Re was anxious to see the
ring , elm env of the chairmen of the county semions, from his ; papers, in order that he might examine the backs, and it ap-
t 50 1 previous knowledge of the family, felt some repugnance to ; peered to him meatiest from the accounts which appeared
than ' taking the now. and Thuvell was sent into the other court, 1 upon them, that there had net been that application
Test. I before H. Dover, Esq. Here the primate, wi appeared tr. }, of the revenue of the 7,5001. which was pet-tithed by the
ning quelacles. an aid light drab great coat, and a long white decree. The money invested in the Consols appeared to
right I comforter round his neck, had so dolorous an appear- I amount to about 6,30111., and the tart that M. re estate(' that
f far ante, as almost "to put him out of knowledge.e Re sum was omelet the plaintiffs' cue, as it mist have arisen
t its I seemed exceedingly al, and altogether an object of I from the investment of that money, which ought to have
rived i compassion. Homily any one would have seppence been applied it a very different manner. It was emir,
ad 6 . him to be mho person who for the last two or three I therefore, that there mint be a decree that tee ensue so •Z.N. .f
f the 1 sessions bad taken a seat en the megistratee' bench. as they were vested in those persons Lolled the trustees (sue isos
rmed I and whose be rtiviltural knowledge so frequently intre•lec,,l in the corporation, most be corer yed to the geverno ,e..-- seeas .3 .
char,. l him into respectable society. He held down his bead whit Christ's Hospital. His Honour was also of opinion
aver- I Mr. Donee parsed ;he following sentence:—George a hurt,: those gentlemen smiled the trustees it:us. pay the outs. ' e .."..." s 4
.... i• /.
dark I you bane pleaded guilty to nesting five shirts and one sheet, the governors of Cieriet's Hospital would have 10 pay the ,_ . .....
event ' the property of Edward Ferrer. I have read throes,- t) e of thecenforatioo of Iteeediftee'" wh""heleB"l"i'd' '55 ‘l',..)`
I
cream depositions, and the fame of the case ap rto be thew: - vetted. Oa the subject of the legal estate his Honour w •
than You were employed by Mr. Ferrer as a gardener make this observation . the 71st section of the M ' 4 •11iLe''.; en
f,
x 51,/
•--- • • -

ipowEliniiiimmmiiimommi--

I

Certvoration k t woos restarl:able proof of this fact, that e
although nathavneut might express very clearly the grn, cal
state of the uffairs of the countey, and their intention
respecting what the law should Iw, it woefully
failed in the expressions made use of for the purpose •
of having that gcntiel intention carried into affect. By Cot
71st section of the act it was stated that the estate of the
corporation should cease. It was plain upon this rectioa
that what the legislature meant was that the 'gates vested
in the corporation should become vested in those persons
afterwards to he appointed by the Lord Chancellor as trus-
tees. The simplest words might have been used for this
purpose the act might have declared that the persons ap-
pointed should be a corporation, but awl had not been the
case. It was remarkable that this act was paved and
debated upon by some of the wisest heads in the kingdom.
It was brought en by Lord John Russell, and amongst the
debaters were Lord Plunkett, Lord Lyndhurst, Lord Camp-
bell, and other learned lords; this his Honour happened to
know, es he had received the bill as deputy-speaker at the
bar of the house ; and yet, with all this cluster of genius
surrounding the unfortunate act, it came forth in such a state
that the law was bound to declare, and had declared,
that that which the act said should cease had not ceased
but still continued.
CARTER O. BARNARD.—SPECTFIC PERFORMANCE OF AN
AORREXENT.—The Vice.Chanes r delivered judgment in
this caw, which was argued before the Christmas vacnti3n.
The bill was filed by the owner of a house is Bishopsgate-
street, for the specific performance of an agreement alleged
to have been entered into by the Australian Colonial Life
Annuity and General Insuranco Company, who were in pos-
session of part of the better, far ti.' rental of other portions
thereof. The question turned upon various negotiations
which had taken place between the panics.—His Honour,
after commenting upon the evidence, decided that the agree-
ment must he specifically performed, and the defendant
must pay the casts.
TOMLINsON C. THE NORTH STAFFORDSHIRE RAILWAY
COMPANY.—INJUNCTION TO RESTRAIN THE MAKIN° OF AN
EMBANKMENT DISSOLVED.—This was a motion tt dissolve
an injunction granted ex parte to restrain the North Staf-
fordshire Railway Company, their workmen, &c., from pro-
ceeding with an embankment over certain glebe lauds be-
longing to the plaintiff, in the parish of Stoke-upon-Trent,
and from doing any other act for the purpose of carrying
their railway over a part of such lands upon a solid embank-
ment iestend of upon a viaduct, and from in any manner
constructing their railway otherwise than they were em-
powered to do by the act of parliament. The statements in
the bid upon which the injunction was granted were to the
effect that the railway company were acting contrary to the
powers of their act ; that from the original plans laid down
by the company the plaintiff was led to believe that no embank-
ment would be made, but that the railway was to be carried
across by means of a viaduct, and that upon this under-
stanuing the valuation was made under which the plaintiff
was to receive the sum of 1,600/. The principal reason the
plaintiff had ter supposing that au embankment was sot to
be made, was that only so much land was masked upon the
place as intended to be taken as would enable the company
to construct a viaduct of the same width et the base as upon
the top. For the defendants it was contended that it never
had been their intention to make a sieduct, and that they
had given the plaintiff notice in July last that they should
require an increased quantity of land which would enable
them to form the base of the same width as other parts of the
line where embankments er, re made.—Mr. Stuart, Mr.
Bethel!, and Mr. Melina appeared for the motion to dissolve,
and Mr. Reit and Mr. Lake Russell in support of the injunc-
tion.
The Vice-Chancellor said the injunction must be dis-
solved. The application had been originally made upon the
special ground that the railway company bad really no right
to construct an embankment. It was now said that the first
notice given by the company conveyed to the mind of the
plaintiff that the company intended to make a viaduct, but a
second notice hail been served in July, under which the win-
o4:dt!
olenieer intltnytiwonouelfatahkavinegwanlvea4heedroutitatptinor
tiff's mind that they intended to make an embankment, and
Roo the application should have been made to the court
immediately after that notice if the plaintiff wished to raise
an objection te such a course. Under ,these circumstances
kis Honour could not see that there was a 'sufficient case made
for maintaining the injunction. There was no question but
that the company had a right at law to make the embankment,
although some misunderstanding appeared to have taken
place. At any rate there had been no binding agreement
between the parties, but the whole affair had originated in a
mistake; and be thought the injunction ought never to
have been applied for.

sister, the emirt were disposed to oak whether that lady
mould crave into such an undertaking now ?
Mr. Honore% —C.rtainle my lord, on any terms.
Mr. Justice C'eleridge—LS her husband living, or is she a
widow?
Mr. Iltanfrej—Her husband, Captain Taylor, is alive, my
lord.
Lord Denman—We think this a matter for serious
consideration, and we will defer our judgment ; meanwhile
the children will remain where they are.
HOARE r. SILVERLOCIL—This case was tried before Mr.
Justice Coleridge, at the sittings in Middlesex, after last
term, when a verdict was given fur the plaintiff. Mr. Ser.
jeant Talfoutd now moved fur a rule to show cause why the
judgment should not be arrested. The action was brought
for libel, and the declaration contained five counts, upon
tire several libels which had appeared in a newspaper called
thu Nautical Ntanclard, in which it was stated that Miss
Hoare who was the daughter of an officer in the navy, was
in distressed circumstances, and had applied for relief to the
Royal Naval Benevolent Society. It was proved on the
trial that the defendant was not the proprietor of the news-
paper when the libels appeared, although he had subse-
quently become the proprietor. The damages were given
generally on the last three counts, and it would be for the
court to decide whether thus • counts amounted to a libel. It
was stated in the article that the Earl of Cadogan had
brought the ca.e of Miss Hoare before the society, but
that it he bad been aware of what had taken place at
previous meetings on the subject of Miss Huare's claim, he
would have declined to do so; and it proceeded to say that
tho proceedings which kid taken place reminded them of
the table of the frozen snake. But there was no innuendo
contained in the article which would enable any one to
make a libellous application of the fable. He fouad in
" Foster v King," which had been tried in the Court of
Exchequer, and repmted in Vol. I. of " Dowling 's Reports,"
page 672, that the libellous words alleged to have been used
there were, " the man Friday." That was an alleged libel
which appeared in the Satiri>t newspaper, but it was held
that the words did not amount to a libel, and this he con-
tended was a parallel case.—Rule granted.

Before ViceXtuusiellor knight Brine.
ATTURNEV-GENLILAL V. GARDNEK.-BCOTCH
In this case it may be remembered that a dispute had arisen
between members of the established church of Scotland and
members of the Free Kira as to the right to a piece of land
purchased as a place of worship at Birkenhead. A prelimi-
nary question, however, arose, whether the requisitions of
the Mortmain Act had been complied with, so as to give a
title to either party. The came stood over for the plaintiffs
to decide whether they would try the question in a court of
law. Oa their now declining todo so, the Vice-Chancellor dis-
missed the information, but reserved the question of costs for
di.eussion on a future day.

COURT OF COMMON PLEAS.
The Judges who
_sat to-day were the I.ord Chief Juetioe, Yr. Justice

COURT OF QUEEN'S BENCH.
Sittings in Ramo.
IN THE MAITII OF OEu. THWAITZB AND TWO °THUM.
—t.:XsToDY OF ILLZOITINATE CHILDILEN.—This case, •
writ of habeas corpus, had been issued on the application of
Marina Thwaites, the mother of three illegitimate children,
with a view to their being restored to her custody. The
children, George, Francis, and Petty Thwaites, aged re-
spectively seven, five, and three years, had been in the cus-
tody of their putative father, Colonel Talbot, and were now
brought up in obedience to the writ.
Mr. Humfrey, Q.C., who appeared on behalf of Colonel
Talbot, said that his client, against whom the application
was made, unfortunately formed a connexion in the latter
partof the year 1839 with the mother of the childrea in ques-
tion, which had recently been discontinued. When the
father wok them into his care in October last they were
in a state of wretched destitution and moral degrada-
tion. His sister had taken charge of them,
and they had since been placed in • respectable
school, the mistress of which was then in court with
the children. He should submit that this was • case in
which their lordships would not exercise their discretion by
ordering them to be taken from their present custody and
rester, I to that of the mother, which, in fact, would be to
send them back to a state of absolute misery. The affidavit
of the mother stated that from 1839 to 1817 she had lived
with Colonel Talbot, but in consequence of his continued
brutal conduct to her children and herself, having also had
her effects distrained for rent, and being left without the
common necessaries of life, she was compelled in February
lea to leave Colonel Talbot, and seek protection under the
roof of her mother and sisters, being at the time enceinte,
and having since given birth to another child. In October
last, during her confinement, she was desired by a Mrs.
Goodwin, with whom Col. Talbot resided, to allow the chil-
dren to spend the day with her, and having acceded to the
requeit they were altogether taken away from her custody,
and she had since been unable to obtain possession of them.
In support of this statement an affidavit had been filed by a
woman, who depoced, among other things, to having seen
Colonel Talbot brutally assault and beat Marina Thwaites
and her children in the years 1841 and 1842, the truth of
which statement might be judged of from the fact that at
that time only one of the children was born, and he was but
one year old. In answer to these affidavits the learned gen-
tleman read others at considerable length, setting forth that
the mother resided in a wretched attic (for which she paid
3e. a week), in an obscure street, and whilst the children
lived with her they were in a state of great privation, misery,
and moral degradation. Application had been made to the
mother to have the children placed under the care of
Mrs. Taylor, of Edinburgh, Colonel Talbot's sister, and
she had consented to such an arrangement, provided Mrs.
Taylor would act toward, them as'a mother should do. This
lady, on being communicated with, expressed her readiness
to receive the children, and treat them as members of her
own family; notwithstanding which, their mother eventually
refused to let them go. The affidavit of Col. Talbot stated
that some years ago he knew Marina Thwaites, who re-
aided with her mother and two sisters—their father, a Mr.
Thwaites, a solicitor of Lyon's-inn, Strand, having aban-
doned them ; that they were in a state of great destitution,
and he had from time to time assisted them both before and
since the intimacy which had taken place between Marina
Thwaites and himself in 1839; that such intimacy had
existed with the knowledge of her family, and he had
placed her and her mother in business, in which they did not
succeed, in consequence of their careless and extravagant
habits. He had separated from her in February 1847, in
consequence of her violent temper. lie obtained possession
of the children on the 24th October following, and had since
placed them in the care of a Miss Johnson,who kept a highly
respectable school in Hyde Park-terrace, with an intimation
to the mother that she should have free access to them. If
the children were returned to the rem of their mother they
must necessarily suffer privation, and their education would
be entirely neglected. The learned counsel, having read the
affidavits in reply, would admit that he could not place the
father of illegitimate children in the same situation as
if they had been born in wedlock. It was t
however, • case in which their lordship would
necessarly interfere ; but as the children were
neither strictly is the custody of the father or mother the
court he trusted would permit them to remain where they
now ware. and not send them back to the keeping of their
unhappy wether, who was unable to feed, clothe, or educate
them. In conclusion, he submitted that the return to the
writ of habeas corpus was sufficient.
Mr. Chambers, Q.C., who appeared in support of the ap-
plication, contended that the court had no right to interfere,
as the question of guardianship belonged to • court of equity.
The children were in the quiet custody of the mother, and
were taken from her by false pretences. Neither the father
nor mother of the illegitimate children, Purposing they were
removed from them with their knowledge and consent, could
be legally entitled to their custody; hut in this case
the children were in the pnvession of the mother, and were
taken from her by stratagem, without her consent ; she
was, therefore, entitled to have them restored to her cus-
tody again. The learned gentleman quoted " Ex pate
Neale" (I New Report', 148), " Rex v. Moses" (Soper,
5 Term Reports, '278), and '• Rex v. Hopkins and wife"
(7 East, 579), in support of this view of the case, and argued .1
at some length upon the merits.
Lord Denman inquired whether the learned counsel would
object to the eldest child using his discretion and going
where he pleased /
Mr. Chambers thought that a child seven years of age was
not old enough to exercise proper discrimination and judg-
ment in such a matter.
Lord Denman mid the court could not treat it es a matter
of right that either party was entitled to have the children.
If they thought any mischief was likely to arise by handing
the children over to the mother they did not think they
should be justified in doing es. As, however, she appeared
willing that they should be taken charge of by the father's

Ciessvreir end air. Justice Williams.
SCHWAIITS O. SHARPS AND WEBB.—IN AN ACTION ON
A FORSION BILL OF EXCHANGE, IT SHOULD 111 SHOWN
THAT IT 18 NOT AN INLAND BILL, AND THE INDORSE-
MENT SHOULD RE Puovlth TO Ni SUCH AS WOULD
RE VALID IN THE COUNTRY IN WHICH IT 13 DRAWN.—
TM' was an action of assumpsit on two bills et exchange.
The cause wax tried before the Lord Chief Justice at the
sittings in London, and a verdict was returned for the plain-
tiff for 4751. and interest.—Mr. Serjeant Byles now moved
for a rule to show cause why tho verdict should
not be set aside, and a verdict entered for the
defendants, or why there should not be a non-
suit. The bills were drawn at two months on
Leroy and Son, a French firm, and were accepted by the
defendants on 4th December, 1846, and were endorsed to
the plaintiff. The defendants severed in their pleas, and
Webb pleaded that he had nut accepted, and traversed the
drawing and endorsing. One of the defendants, Sharpe,
was what is called a Blackwell-hall factor, and also a com-
mission agent. Leroy and Son were dealers in fancy woods,
at Sedan, in France. They had consigned goods to Sharpe.
It was contended, at the trial, that a Blackwell-hall factor
was different from a commission agent, and that Webb en-
tered into partnership with Sharpe only as a Blackwell. hall
factor, and not as a commission agent. It was the practice
of a Blackwell-hall lector to sell goods on his ac-
count, but the goods of Leroy and Son we re sold
on their own account. The bilis were drawn by Sharpe
in his business as a commission agent, and Webb was not
bound by them. Schwartz, the plaintiff, was the agent of
Leroy and Son, in London, and the bills were accepted in
blank by Sharpe, in the name of the firm, and were handed
over to Schwartz, were sent to France, drawn and endorsed
there, and sent back on the Ilth or 12th of December. Some
time in December the partnership between Sharpe and
Webb was dissolved, but the exact time was not shown. The
grounds on which the rule was now moved were—first, that
a partner has no right to accept bills in blank unless proof
was given that that was the ordinary course of dealing, and
there was in this case no evidence that other bills had been
so 'incepted ; secondly, the bills were proved to be foreign
bills, having been drawn in France, and accepted in
England, but it was not so stated in tho declaration, and
therefore the defendant was entitled to succeed on the ordi-
nary traverses. Thirdly, that the bills having been drawn
and indorsed in France, there was no evidence that the law
of that country, with regard to indorsement, had been com-
plied with, and, so fu, the indorsement was insufficient.
Fourthly, that Schwartz, the plaintiff, being cognizant of all
the facts, and the bills having been accepted in England, on
4th December, and drawn on 11th or 12th, in France, while
the diasolutioa of partnership had taken place in the
same month, there was no evidence which showed whether
they had been drawn or accepted before or alter the dissolu-
tion.—The court granted the rule on two grounds only ;
first, that the declaration imported that the bills were in-
land bills, whereas there was evidence that they were foreign
bills ; and, secondly, the indorsements having been made in
a foreign country, it was necessary that the plaintiff should
prove that they were valid indonements m the country
where they were made. •

THE EXPRESS WEDNESDAY EVENING, JANUARY 12, 1848.

On the 15th of July there was a payment in eschenge entered
as TlCtivcd from Mr. Tucker of 201., mid on the same day
the prisoner took credit for femme given to Mr. Tucker
not 201., but 6201. On the 3rd of January instant there
was a deficiency discovered in the prisoner' s ectoents ;
and on being questioned, the prisoner said he was
short in his cash, and that he had expended the money on
railway speculations ; and he put in a receipt for 701. 8..6d.,
which be had paid on railway call., as affording an ex-
planation.—Mr. G. Fraser, clerk in the Bank, and other
witnesses, identified the 001. sot. proluced as one which
had been paid into the Bank on the 10th of July, and a few
days afterwards paid by the prisoner, on his own account,
for railway shares—The prisoner was comtnitted.
He was then charged with stealing 344/. 10s. Bd., the pro-
perty of his employers—Mr. Robinson stated that the pri-
soner was entreated with sums of money, which he kept in
his till, to answer demands, of which ho was to render an
accauut for all monies received whenever called for. The
' rrisoner was in the habit of entering in the book produced
the monies received by him on account of the bank, and
every day he struck a balance, in order to show the amount
remaining in his hands. Oa the 3rd of December he bad in
his hands 6871. pia. Cel., and having received en the Ist of
January several sums, amounting to 1,2521. 18s. bd., It ap-
peered from his own entry he paid 7201. 4s. Ad., leaving a
balance of 6321. 144. Od. On the 3rd of January witness
counted the money in the prisoner's till, where he found
187/. 14a. MI., and on asking him fur the remaiuder
he replied, "'That's all there is ; I am that much
deficient." One of the sums received during the day
was 4601., as it appeared from his own han lwritiug.—
Mr. Henry said that he understood it was intend, l to charge
the prisoner with embezzling, but it appearid frem his own
account the charge resolved itself into one of felony, and if
any other charge was about to bo brought against him he
ought to have due notice.—Mr. Mullen, said he had con-
ferred with Mr. Blackmon as to the propriety of applying
for a further remand, and he bud to request that the pri-
soner should be remanded for a week to bring another
charge of stealing another 6001. from his employers.—Mr.
henry then ordered the prisoner to stand committed on the
heat two charge', but to be brought up again in a week.
WORSHIP-STREET.-11uw THIEVES ass MADE.—
Sarah Milne and Susan Junes were charged with haring fe-
loniously received a gold watch, value 12 guineas, and a
quantity of jewellery, the property of Mr. Hsieh hunt, a
watch implement manufacturer.—The prosecutor, who wan
so painfully affected that he was scarcely able to kin his evi-
dence, stated that on Friday morning he found that his son,
a boy of 14, who had only recently returned from a country
boarding.school, had absconded during the night, and it was
at the same time discovered that his mother's jewel-box,
which was kept in her bedroom, had been ransacked, and
the most valuable part of its contents, consistieg of a gold
watch and several brooches, ear-rings, and finger-rings, had
been carried off. They were unable to obtain any tidings of
their son until the eveeing of the following day, when he
voluntarily returned home, and made such disclosures as re-
sulted in the apprehension of the prisoners.—J. Hunt, the
prosecutor's son, said he had committed the robbery aT the
instigation of a lel named Walker, whom he afterwards met
by appointment in the street, and was informed by the latter
that he had made arrangements for the disposal of the booty
in the Vinegar-ground, • notorious locality at the back co
Old-street. He was then conducted by Walker to the house
of the prisoner Ilime, to whom they exhibited the watch,
and who introduced the other primmer, a third woman, and
a man, the letter of whom, after examining the watch left
the house with the intuition of selling it. On his return he
said he had sold the watch for 21. 151., hut only handed two
sovereigns to the witness, who shared the stoney with the
lad Walker, and the residue was given to the prisoner Hine
(or her services. Witness then produced his mother's jewel-
lery, which was inspected by the whole party, and afterwards
distributed amongst the women by their male confederate,
who said that Le should keep it "as his regulars," and re-
fusee to make any allowance fur it. The woman Rime af-
terwards sent out for a quantity of gin, of which they all
partook, and subsequently proceeded to a neighbouring
public-house, where they were supplied with morcepirits, and
after wandering the streets for some hours he returned home-
Sergeant Brannan, of the U division, stated that he accom-
panied the prosecutor and his son to the house of the pri-
soner Mime, who denied all knowledge of the transaction ;
as he was about to search the place, she attempted to secrete
a small packet, which he secured, and found to contain a
number of duplicates, one of which related to a portion of
the stolen property. At the house of the other prison, r he
was refused admittance, and was comprlledto force the door.
Upon accusing the prisoner, whom he found in the company
of a notorious thief, she denied all knowledge of the robber., ;
but upon searching her pocket he found a silk handkerchief
belonging to the boa's mother, and in which he had taken
away the property.—Mr. Roberts, a pawnbroker, in Old-
street, produced a pair of ear-rings, which were identified
by the prosecutor's wife, and stated that they had Is en
deposited at his shop by the prisoner lime.—When called I
upon for their defence, both prisoners positively denied all I
knowledge of the watch, and said that the other article's of
jewellery had been freely given them by the aen of
the prosecutor and his companieu.—The prisoners were
remanded.
CLERKENWELL.—AIIeAULT ON vita POLICE.
Foy and T. Duygin were re-examined charged with having
been concerned in assaulting Mr. Cowell, the landlord of
the Bricklayers' Arms, Whitecross-street, St. Luke's, and in
a murderous attack on the police of the (.1 division, some of
whom were so seriously injured that their lives are placed in
imminent danger. Inspector Giblet said that the constables
who were injured were still confined to their rooms in dan-
ger. A surgeon confirmed that statement; and, without
further evidence than that which has already appeared, Mr.
Combs, who declined taking bail, remanded the prisoner.,
with an intimation that they should be committed bur uial.
MARYLEBONE.—CHARITY.—Mr. Bruughtou received
from the Mercers' Company a donation of hie for the peer-
box.
WESTMINSTER.—BENEVULENCL.—Five pounds were
received, being part of a sum subscribed by some of the
members of the Union Club for the relief of the poor.
LAM B ETlL—Cualte z Of BILL SITS LIN6.—Un tbe case
of IV. Chandler and IV. J. Gunyhtonalien ilippics We, charged,,
with fraudulently obtaining from Capt. H. A. S. Shrapnel
two bills of exchange for 2601. each, being called on, a letter
was banded to Mr. Norton, addressed to him by the accused
Laughton, and dated from Horsemunger-lane gaol, in which
the writer stated that on leaving the court, subsequent to
his last examination, se was arrested by a the/HP*olas,
and taken to llorseinonger-lana prison, and that, therefore,
he could not attend before his worship agreeable to the re-
coguisances he bad entire d into. To this dot ument was at-
tached the certificate of Mr. Keene, the govenior of the gaol,
of the fact of his having Laughton under his charge for debt.
—Mr. Binns, the solicitor who appeered on behalf of Capt.
Shrapnel, here stated that his client, having got his bills back,
del not intend proceeding further in the matter —Mr.
Games, on behalf of the accused, Chandler, hoped his
worship would not insist upon the personal attend-
ance of his client in discharge of his recognisance., par-
ticularly as the charge alleged against him had been
withdrawn. His reason for making the application was, that
there were two or three mysterious sort of gentlemen in the
vicinity of the court, who were armed with a certain autho-
rity to place Mr. Chandler in safe keeping.—Mr. Norton
replied that, under the circumstance., he did not think the
personal appearance of Chandler absolutely neeereary, and,
therefore, should not insist upon it. —Mr. Binns applied for
the restoration to his client of one of the bills for 250/., ac-
cepted by him, and found on Chandler, which application
was granted.—Mr. Taylor, a solicitor, requested Mr. Norton
would oblige the prisoner Chandler to appear, as he had a
charge to prefer against him and Laughton, of having
fraudulently obtained two billy of exchange for 601.
from a gentleman then present. —Mr. Games opposed
the application on the ground of its beirag out of
time.—Mr. Taylor said his client had seen by the news-
papers that the prisoners were to appear on tint day,
and had therefore attended to make his charge.—
Mr. Games replied that the prisoner was held to bail merely
to attend and meet a particular charge, sad that having'
been disposed of, his client was not bound to attend. After
awns further argument an the poiut between the learned,
gentlemen, Mr. Norton determined on hearing a statement
of the accusation, in the absence of the prisoners.—Mr.
Preston stated that, in the early part of June last, a person
named Morton, whose name had been mentioned in eon-
nexion with Captaize Shrapnel's case, introduced himself to
him in the street; said he had seen him in the company of a
gentleman, whose name he mentioned • and asked him if he
was in want of money ; for if so he could procure it for him
upon his bills. Some oonvenation and correspondence
took place between him and Morton on the subject,
and soon after Chandler called upon him, and re-
quested he would give his bill for 1001., and he should
have the cash for it. He (Mr. Preston) gave Chandler
the bill, which he took away. Some days after Laughton
called upon him, at the requeet, as he said, of Chandler, and
said that if he gave two bills of 60/. each in lieu of the 1001.,
they would be much more convenient, and the cash should
lie got for them. With tie. request lie complied, and though
he had never received one farthing for either of hie M/. hills
he was at present being sued for the amount of one of them
by a person who described himself as a ship•chandler at
Wapping. The second bill he heard nothing whatever of.
M . Games submitted that if even Chandler and Laughton
were present, and the 'totem, nt just made fully proved in
evidence, it would not amount to anything beyond a breach
of trust.—Mr. Taylor argued contra, but Mr. Norton was of
opinion that there would be no use to proceed with such a
case, as a conviction would not follow. lIP considered it
high time that a special tmaciment was pieced le meet this
class of Mete and hoped that the publicity given to the
present proceedings would tend to place persons, on
their guard against placing hills to a considerable
amount in the hands of persona not worth a shilling.—
Jessey and another officer, who apprehended Chandler and
Laughton, said they had ice their possession a number of bills
of exchange, which were bond in their possesaion, said re-
quested to know what they should de with them.—Mr. Tay-
lor requested that he might be allowed to examine the bills,
an in all probability his client's might be amongst them.
Permission was granted, and amongst the bundle produced
was one of Mr. Preston's for 50/., which Mr. Taylor re-
iliac/iced might be given up to his client —Mr. Games ob-
jected to this, but Raid he had no objection to its being im-
pounded in the court, or kept in the hands of the officer,
until he had an opportunity of seeing Mr. Chandler, which
Mr. Norton thought very opportunity
re the matter dropped,
but on leaving the court Mr. Taylor said something about
preferring a bill before the grand jury at the Old Bailey
against the whole of the parties for a conspiracy.
SOUTHWARK.—Cftentrv.—The magistrate acknow-
ledged the receipt of 10/. from the company of Mercers for
the poor-box.

omnibus was full. The defendant said, " it's only a lady,
,ir ; let her have a seat, I won't take your fare." Witness
add that had nothing to do with it, and that the female
must either remain stooping in the middle of the omnibus, to
the inconvenience 01'111 the other pas/engem or be seated in
some oue's lap The female was lit in, against the united
wishes of every other passenger, and the omnibus drove on.
I —The defendant said he certainly put in ono more passenger
than he ought to have done. It, was raining at the time, and
the inconvenience would not have teen of long duration,
because he was ordered to set down four passengers a quarter
of a mile from the spot. —Mr. Stutflela denied that it was
raining when the extra passenger entered.—Mr ,Yardley said
he should have visited this case with n very severe penalty
if the defendant had not been very civil. As it was, he
should fine him 10s. arid cost.
DETAINING A CHILD.—Application was made to the
magistrate to compel a man named Walmsley to give up •
girl aged five, which he unlawfully detained against the
mother's with.—Mr. Yardley said the parents of the child
could claim it and take charge of it whenever they. found is,
and asked why the father did not make the application.—
The applicant hinted that the mother was unmarried, and
put forward an elegantly dressed women who gave her name
as Rachel Harley, and said the child was placed in the
charge of those who now had possession of it ever since it
was twelve months' old, and they agreed to maintain it fur
21. per week. Her condition in life was now better than it
had been, and she wished the child to be maintained and
estimated under her own control. All her applications for
its restoration had been rejected in the moat peremptory
manner, and she had been grossly insulted and nut allowed
to see her child. The party who first spoke said the mother
had received a threatening letter from Walmsley, which he
put in, and that the mother was net able to ascer-
tain whet her the child was alive or not. The
mother said she last saw the child about 16 menthe ago.
She met with an accident and broke her leg, which connued
her to her room for a long time. There was some dispute
about the arrears due for the support of the child, which was
assigned as a reason for its nonrestoration.—Mr. Yardley
said the mother was entitled to the custody of her child, and
that the proper course would ho to apply to the Court of
Queen's Bench for a writ of habeas corpus, and, if that was
done, the parties would be compelled, not only to restore it,
bat to pay a very large cum in the shape of costs. He
directed a police constable to accompany the applicant to
Walmsley, to direct him to let the mother see her child. If
they had any demand upon her for its support they could
sue her in tee county court. —The parties returned late ia
the evening, and stated that Walmsley would not let the
mother or her friends see the child or give them any infor-
mation about it ; and he justified himself by stating that the
father had ordered him to detain the child and not let the
mother see it.—Mt. Yardley said the father of an illegiti-
mate child had no control over it, and directed the police
constable to again wait upon Walmsley and represent te
him his opinion of the impropriety of his conduct, and to say
' that, if the child was not given up, the law would be put in
motion against him.
ClikEITY.—Nr. Yardley acknowledged the receipt of 101.
for the pour-box from the Mercers' Company.

MONEY MARKET.

TUEFID4T EVENING.

This has been a remarkable day in the stock mar-
ket, both for the extent of business and the still more
decided rise in prices, than on any occasion fur some
time past. Consols, which left off yesterday at 86.4
to I, closed to-day at 87; to 4, say 4in advance, and
were actually done .1 higher. The accumulation of
capital, whether of their own or others, in the hands
of money dealers, combined with the daily increase
to the aggregate stock from the payment of
dividends, so small a proportion of all which
in the actual depressed condition of commerce
and industry can be profitably employed otherwise,
are causes compelling recourse to the funds as, in
common acceptation, the moat, if not the sole, ad-
vioable means of placing funds out to usufruct, with
the security so desirable above all. The profit or loss
of banking and money dealing depend. indeed on
turning all available resources to the best account, so
that every pound shall carry its daily running in-
terest, be the rate ever so small, as smaller it must be
where the risk more nearly approaches the point of
safety.
It is stated that the London and Westminster

Bank have, through their brokers, been extensive
purchasers of venous stock lately, as also to-day, to
an amount in the aggregate, as reported, of some
hundreds of thousands of pounds, but scarcely perhaps
so much. A considerable proportion of the purchases
is understood to have been made in the 31 per centa,
some in Reduced Threes, both for money, and the re-
mainder in Consols for the opining, the delivery of
which will no doubt be required. As the same bank
sold largely luring the eventful periods of, we believe,
the spring and the fall of last you., when the Bank of
England declined to make their usual loans on stock
during the shutting of the transfer books for the divi-
dends, besides other rigorous dealing with the money
market, by which the London and Westminster were
enabled to have the better command of their own
funds, during a season of severe crisis, for the accom-
modation of their numerous country banking and
other customers, their present purchases may be re-
garded as merely replacing themselves in stock on
the most advisable conditions with funds now in sur-
plus and wanting employment.
Money, though still easy in the house, obtained'
rather higher rates to-day, say 31 per cent. In Re-
duced Threes business was done from 871 to 4. In
Three-and-a-Quarter per Cents., from 884 to 4. Long
Annuities, 81 to Z. Exchequer Bills, 235. to 245. pre-
mium. India Bonds, 12s. to 15s. premium. Bank
Stock, 193 to 5. India Stock, 234 to 6.
Business in foreign exchange was doll, with the
rates on some places in decline. On Amsterdam
they were lower at 12.51 to 6 ; on Rotterdam, at
12.6 to ;on Antwerp, 26.5 to 74; on Hamburg, thel
same as before, at 13.144 to 15; on Frankfort, at 1231
to 1 ; on Paris, a shade higher at 25.921 to 26; on
Vienna, as before, 10.19 to 20; on Leghorn, 31.30 to
40 ; on Naples, higher, at 39; to 4 ; on Madrid, as
before, at 461; all at three months. On Lisbon, at
60 days, as before.
In our provincial columns will be found a report of
the proceedings yesterday at Liverpool, in the bank-
ruptcy case of Messrs. Higginson and Deane.

P/11.15, JI6P. Ig.
Parts and Orleans
Pori. and Rouen
Rouse and liarre..—
Avaroon
Suastontr on.l Vas
Osetre V tenon)
Boers=
North ..

- -
KNOLIeIII FUNDS.
Book Stork, 194 2t 6 Long Anus. 30 11, ctn. Jan. 5,
3 per Ct. Re./ Ann.., SCA 76 t 16.6, S 9-16
3 per Ct. Conaob;, Auro., got 7; t lona Stock, Z 72 5
New A per Cent. Anna., SU Nf d j Con.ula for Account, 84774 7 f
New 6pa Ceat. Ann.. 114 )sdt Bllln, CLOW 5d.. n 20 3 4
Long Anus., cap. Jan. 6, 1.60), Si g I taitto, k1e?.v.112?) 4 2

IMil

8 8-18

FOREIGN'
per Ct. Brazilian lloods, Small, 63
Sntr Ct.
to
Cont. Malkin Acct., Jan. 17.
4 per Cent. Portiagueno NJa., 4.1.1
Ditto Acct., 281 7
PVT et. SpealKh Acct.. Jn. 17, 191
e per Lt. Ma s& Paianto kid,. 44
EXCHANGER AND

to, ems% 21 5 4 Dit
VUNDS.
0 for Ct. Venezuela Bonds, 37
31. r Ct. Freud% Ratko., 757., et
251 785.
Ct.
4?:ttch Exch., 12 Gull.,
401 it.'huten Certtfitatea, 8t 6
Ditto Are., Jan. 17, 551

STOCKS ABROAD.

Par Ramat.

W 2 T 2 10
436
653 SO
160
623 75
476 26
637 60

18,626 lLiwt6E
1195 26 UN 26
901 25 961 60 WI 26 202 60
433 71 435 433 75 435
183 75 565 US 50 665
182; 6.0 660
475 477 60 475 477 66
6.11 T 6 540 638 73 610

PARIS. Jowl& I 111 I—Looose, Gisela
3 per Canto lA-6—* 76 06' I —33-IVI 16 176 01
3 Ds. Now Loan, 76 06
N
Do.
43 Do.
4 185.
Belem 6,1840 lO3 Nuaay. haple. 'kenos.. 31.0.0ey.
Do. 6, 1812.
Do. 41 .i Trmary Hoods , 1 1 „
Do. 21 I 603 „ I Doak ftaran .. I 3211 „
&choose 00 London (sight). 25 ea.
BILOANALB, JAN. 10.—Lean of 1840, 914; Ditto, 1212&1; Ditto, 1611,
911: Ditto, 1838, 674 ; Ditto, Two-and alialf per Cent..., 1211, 51 ;
,17%; .Bri, `41:: '21'65'1.;,,u0'e5°9.!
carp, par ; o, for ; Frankfort, 211 money. *
ANtwiliP, Joy. o.—laity Login. 164 ; Ruin= LOW, 1832 864
Ppaill.h Act., 151. Exchange on Loudon, 25.10.
EANAZINAT, JAN. e.—Anise Vivo per Cents., 1031 money; Ditto,
Four toe Ceuta., 51 WID ; Ditto. Thrim per Cents., fiti bills ; Bank of
Vienna, 1,936 money ; Pruvlan from. Hch., 014 money ; bk. Sch. Sch.,
ed money' Frankfort Throoand n Half per Cent.. 034 money;
Tatum. ltail., ;:561 hills, 366 money; theintdi Three per Cunt-. iintcrlori,
254 WUs, 251 money.
A.AINNAno• 'X. 7.—Act. Debt, Two-and-a-Half per Cents.,
63 : Ditto. Throe per Cents.. 88 13-luths: Ditto, Four per Cent., 841
85; Anion. hytrol., Threcanda-lialf let Coot.. 6.5; Com. (1,1131.., Four-
larkplalf ler Ce.its., 1620 ; List 110-161 Loan, 8113104.1 ; Spanish
Five per Cents. likeduin.s). 851., 15 10 ; am.. s 576th6:
Ditto, Volimitol, 151 14 16-16th. Ditto, Three per Cents., 313 ;
loterior. 261 ; Coulee. iarduinh), 133 i ; Angiu.Portneuere Three per
Cents., 25/ ; Ditto, Four per ZU4 ; Interior Ili Ecr Caret.:
(.den Fire per Centix 11190, 1816), 1043 3 I ; Ditto, Fire Per
coos, agm, 1833%115 8; Fourier Cents. 86 • Ditto, Certif.
In
Asti., dix per Cont.., 863 ohi 683: Atedrian inv.., per Cent,4.,
LAU; Ditto, Two undo Isar cods., 41.1 11.161.1„ ; Ditto Hank, Fire
p.w.. ; Braciliau 110244 PAW.,
.83a ; Oreoada. .19/ 11 16ths ;
Vatican. 171. Exchange. Loolou. at debt, 12.15 : two;m, 12.25.
Bleu J Schu' ech., 1,24 hills, 911 tti.ey Pram. Sch.,
't
o. inopey. anJ Auhalt UAW., 1121 Hoehn uml
Whit and dttittlo, 1111 ; Coliienc mid Minden, ;;31
Dii„widoif and Ell, rfcid. PO nionei'. Exchange uu London, 3 month.,
8.271 motley.

,
11E LAIN FAILI:1018 IN FRANKFORT. The Deutsch
1 Zsifung attributes the recent failures in the above city as
the effect of a speculation, of which the leading strings were
in the hands of the Rothschild.: it baa been already stated
that several establishments in the grand duchy of Baden
were affected by these failure.. The heads of those houses
have submitted a proposition to the government which it is
confidently asserted will meet with a decided approval. Per.
mission is asked from the government to issue 4 per cent.
, bonds, to the amount of the awn total of the debts of the
embarrassed firms, the interest to be punctually paid until
the debt itself be fully cancelled. It is calculated that the
debts in question amount to six millions of florins.
BREMFIN, JAN. 3.—An ordonnance respecting the levy-
ing of the income tax (the chief object of which is to pay
the interest of the loans contracted in 1846.7) was officially
published this day.
Viussta BANK FAILURE.—The Cologne Gazette of the
9th announces the failure of the banking firm of C. C. and
Company.
PitIvATE BANKS IN PRUSSIA.—The minister of state
Rather has just drawn up a project of law for carrying
out that portion of the cabinet order of April 11, 1840,
which relates to the establishment of private banks. It has
transpired that one of the main points of the bill will be the
declaring of all the shareholders of each banks separately
and collectively responsible for such undertaking ; and an-
other point, the limiting the amount of Individual shares
to 10,000,000 thalers,

THAMES.—OVERLOADINO AN ONINIBUR.—J. Donald-
son, a conductor of a Blackwell omnibus, was charged by
Mr. C. B. Stutlield, a county magistrate, with overloading
his vehicle.—Mr. Statileld cud he got into the omnibus on
the 3rd inst. It was licensed to carry 12 only, which num-
ber having been admitted, a gentleman got outside to make
room for a female. The defendant then let in another pas-
senger. Witness remonstrated with him, and said the

MISCELLANEOUS NEWS.— LONDON, BRIGHTON,
AND SOUTH COAST.—The Hersham Breach of this line will
be opened next week.
EAST ANtiLIAN.—On Saturday, Captain Simmons, one of
the government inspectors, accompanied by H. C. Lacey,
Esq., M.P., and a party of the directors, went over the
Wisech portion of this line for the purpose of inspecting it,
prior to opening for public traffic, which event will take place
on Saturday next.
EXETER AND CREDITON.—Thia line which has been
finished and ready for opening for nearly twelve months, is
now undergoing a very material alteration, by being con-
verted from the broad into the narrow gauge. The line
when originally finished, was intended to have been leased
to the Bristol and Exeter Company, who made a very liberal
offer to the directors, who accepted terms, subject to the ap-
, proval of a general meeting of shareholders. A meeting was
' called, when the shareholders refused (owing to overtures
which had been made to them by tke South Western Com-
pany) to ratify the agreement which had been entered into
with the Bristol and Exeter Company. This course had
caused numerous bills to be tiled in Chancery, and eventually
the shareholders succeeded in removing the old director,
and appointing their own, which directors are now causing
the gauge of the line to be altered, and it will be opened as
narrow gauge line in about two months. A temporary sta-
tion is being erected at Cowley-bridge.
BAVARIAN RAILWAY LOAN.—It has been officially an-
nounced that the loan of ten millions and a half of florins
will be raised by contributions of 100 florins, 600 florins,
and 1,000 florins, at the option of parties taking a share in
it. In return each contributor will be entitled to an
amount of Bavarian Three-and-a-Half per Cent. Bonds
(increaed to 4 per cent interest) equal to his advances. The
term for paying up instalments extends to three months
(up to March SI), provided, however, that the loan be not
raised in full before that period.
DUTCH.—The receipts of this line during December last
(60,860 passengers) amounted to 67,6868. 67. r. ; the total
since the opening of the line (814,164 passengers), to
825,6440. 37c.
Itnesisx.—The receipts during the year 1847 amounted
to 8,825,000 thalers, being an increase of 130,000 thalers
compared with 1846. A dividend of 41 per cent. was
promised.

ti
1.