The Express.
London, England, 1851-02-17 00:00:00

IRELAND.

Drain, Fes. _
Six properties were advertised for sale yesterday
in the Encumbered Estates Court. The first put up
was that of John Bagwell, of Kilmorc, in the county
of Tipperary. Lot 1, Hid acres, let by lease of lives
renewable for ever to Lord Clonmel for a rent of
431. llia. 3d., was porehased by Mr. Edward Reeves
for 92L Lot 2,240 WIT" let by similar ]case for a
rent of 53/. is. 2a., was purchased by Mr. Richard
Grubb for 1,1201. The remaining lots of the estate
were adjourned. The next estate offered was situated
in the counties of Roscommon and Sligo, and wan
the ',ropily of William Molloy of °airport. The
Sot six iota of this estate were adjourned for want
of sufficient bidding& The next lot, consisting
of 63 wens, let to one tenant for 35/., was pur-
chased by Mr. A. lt. Simms for 675 L Two other
lots were adjourned to give Mr. French, Q.C.„
an opportunity of proving a claim which he had
against them. The estate of Richard Mary, con-
sisting of 202 acres, in the county of Limerick,
yielding a net profit rent of 2251. Ws. 7d., was pur-
chased for 3,250'. The estate of John O'Dell, also
situated in the county of Limerick, and consisting of
3sl acres, of the yearly net value of 230'., was pur-
chased by Mr. John gyre fur 1,600/. The estate of
Robert lto&nann, an insolvent, situated in the town
of Carrick-on-Shannon, and yielding a net profit rent
of 13/. 1611., was purchased for 360/. And finally, a
small estate of 26 acres, situated near Finglass, in
the vicinity of Dublin, and yielding a net profit rent
of 26/. 65.. was sold for 3231.
Ten new petitions fur sale were filed in the court
during the past week, making the total number pre-
vented up to the 13th inst., 1,561.
A verdict of manslaughter has been returned I
against an engine driver and breaksman of the Ulster
Railway by a corners jury, empanntlled to inquire
into a fatal accident which occurred a few weeks
since on that line.
An action be libel in which Mr. Pierce Mahony
was the defendant, and which occupied the court for
two dart, has terminated. The plaintiff was a
Mr. Callaghan, a solicitor, and fornaerly an appren-
tice and subsequently a partner of Mr. Mahony's, and
the alleged libel consisted of certain statements de-
trimental to the plaintiff's professional character,
which it VMS said were put forward through malice
by NlrMahony. The jury found a verdict, with 6d.
damages, for the pluintilC

TIIE ORANGEMEN AND TILE " AGGRENVION" CON-
TaneLlLT.—The Earl of Enniskillen some time ago for-
wanted to Sir George Grey, fur presentation to her Ma-
jesty, no address in the name of thoGrangemen of Ireland,
eemtedning, amongst other matters, the following paragraph :
We further duteously and respectfully pray your Majesty
to remember that, should any nettnity arise, from rasing
events,
events, for the service of faithful men, there exist to Ire-
land I,lleo lodges of loyal Orangemen, every one of whom
will be ready, in God's name, and at your Majesty's call, to
peril life and loctune, as our forefather', under like cir-
cumstances. have done, in defence of your Majesty's crown
and dignity, ai well as of our common religion and liberties.
(Signed ow behalf of the Orangemen of Ireland) Enxisnll.-
11.1111, U.K." To this document Sir George Grey returned
the follooing laemeie reply.—" Whetehall, Dec. 21, 18.10.
My Lord—l have the honour to acknowledge the receipt of
your letter of the I Ith inst., encloeing an address to her
Majesty from the members of the Loyal Orange Institution
in Ireland, purporting to he signed by your lordship
as Grand Master. Anil I beg to inform your lord-
ship that I do not feel it to be consistent with
my duty to preseent the address to her Majesty. I
have the honour to he, my lord, your lordship's obedient
servant, Gall. Th.. Earl of Enniskillen, Florence Court."
The Earl of Enniskillen immediately applied for informs-
tion ea to the grounds of this refusal, when his lordship was
tryouts." weak the Sllitislllll d communication, whose mean-
ing is far more deeply signifieant than it m.ty at find sight
appear to he —'• Sir George Grey presents his compliments
to the Karl of Enniskillen, and in reply tee his letter of the
16th instant, he beets to refer his lordship to the address
which it was resolved by the House of Commons on the
21th of February, ISM, should be presented to his late Ma-
jesty on the subj. et of Orange Lodges and other sorieties of
a similar nature, and tee the answer given by his late Ma-
jesty to the said address. Whitehall, January, 1851. The
-Earl of Enniskillen, Florence Court."

Rain fittelltgence.
JUDICIAL COMMITTEE OF THE PRIVY
COCNCIL.—SATIAIDAT.
INMOST -L.*, LA.01....1.% rust 1443.? 110.. T. PiltillltTON Lams,
TVs Misr, Hoe. Da I.....tisoivx, Aso Toll Ramat HON. eta
*T•..
The council were engaged to-day in hearing evidence in
cases in which the petitioners sought to obtain the exten-
sion of letters patent ; but, as Siordet's extension of Craw-
ford's patent--galvanised iron—was adjourned for the rut-
pate of minutely examining the state of the accounts; and
as the witnesses in Austen's extension of patent for raising
sunken vew.els were not in attendance, we reserve our
report. In the last named patent the petitioner will have
to make an application to have the caw re-entered in con-
sequence of the absence of the witnesses; and the council
were of opinion that, owing 'otitis cause, the petition oaght
to have been dismissed.

EQUITY COURTS.—SATURDAY.
airosa rmnAnsscsoxos Kmary nice.
R• Sr. DAVID'S COLLEGE.--CHARITT.
Mr. ilislop Clarke supported • petition presented by
the Dean of St. David's and two other petitioners, praying
for the appointment of new trustees of a sum of 3,00111. be-
queathed by the late Dr. Burgess, Bishop of S.ilisbUry,
upon trusts for endowing the Eldon, Burton, More, and
other scholarships in St. David's College, Lampeter, and
ouch other purposed for the use of the college as the visitor
should from time to time think tit, but so that no person
should receive any benefit therefrom who was not a mem-
ber of the church of Eiutlaud. The petition sought the
appointment of the present Bishop of St. David's, the
Dean of St. David's, and the chancellor of the diocese as
new trustees of the will.
Mr. Nevinson, for the executor of the surviving trustee,

consented.
The vice-Chancellor node the order.
COURT OF EXCILEQUER—SAITEDAT.
NO! IMJCIL—Biros. ass V. Poway, Cons Boom, ARM • Kraals
sn grarisi. Jere.
Tun Arrowevr-GENzkot. r. TILL LONDON Dom COM.
PANT.—IMPORTANT ItETTNT I CATAIZ.
This cause was resumed this morning at ten o'clock.
Mr. William Hearne was recalled and cross-examined by
the Solicitor-General-1 filled the twentyT c asks from time

to time, and when we got the order we the eight, as
in the ordinary course. I made no pencil entries. Those
pencil entries were made of the weights on the 15th of
Itarch, 1840. I put those figures there. Mr. Bales took
the weights on the part of the company, and Dawes for
the Customs. The tarts were marked on the casks. The
pencil entries relate to the weights taken at the time of the
leisure. I stated yesterday that no complaint was made to
me by the mate of a vessel to Antwerp. John Fay, senior,
is still in our service. John Fay, senior, had no conversa-
tion with me about the ten package% of sugar. There was
no sugar in Manilla bags or mats. There was Mauritius
sugar in the seven casks. I was present when they were
filled. Mauritius sugar was the principal, but there was a
small portion of Calcutta Sugar. Ido not remember any
of the baskets or boxes broken up and thrown down the
cooperage. These were outer packages and were opened
before I heard of the officers coming. I heard that they
had gone to St. Katherine's Dock after Christmas.
Re-examined by Sir F.Kelly—The copies are made hytne,
and they are not made in pencil. This book remained on
my desk unlocked until it was wanted for the purpose of
this trial.
By the court—l succeeded Mr. Benjamin. lam positive
before 1845, but I have no record to speak from. We have
had no cocoa at all on our floor for years past.
Mr. Robert Bales, examined by Mr. Peacock, Q.C.—I
gra warehouse keeper of the Eastern London Dock. I
have been 38 years in the service of the defendants, and
shout seven years warehouse keeper. I remember the ad-
mire. The casks of sugar contained overdrawing., spillinge,
and warehouse sweepings. 1 merely gave directions to the de-
puty warehouse keeper to have the sweepings repacked, and I
know not what was done in pursuance of those directions. I
gave no directions or authority other than that I have already
stated. I know no place in the Eastern Dock called the
laboratory. I know Robins, he had no place in the Eastern
Dock to supply. the deficiency of a package. I have never
known a miming package made good from the pile of
any other merchant. I never gave any authority
to make good such packages. I have never given any
authority to obliterate marks and substitute others. 11 a
parcel was not found, notice would be given to the parties,
and they would send in their claims. I know Davis's
corner and John Thomas Smith. Davis's corner is used
for the purpose of collecting the drainings of the different
doors, and when they are very dirty to he cleaned by Davis
and his men. I never knew of, or sanctioned, the conver-
sion of good sugar into draining% at Davis's corner. I never
knew of good sugar, or any original bag or package of
sugar being taken to Davis s corner. There was never any
complaint made to me by a mate of a short cargo of Manilla
sugar. I have some knowledge of a man named Crisp.
I think he left five or six years ago. I believe the sugar
in the 20 casks was accumulating about four or five years.
In 1848 all the sweepings in the warehouse were nut
packed into the two casks. There was no account
taken of the accumulated until it came to be
packed. I can't say what the practice is, as they
were under the charge of the deputy warehouse-keeper.
The casks were weighed when they were filled in. I was
present when the casks were seised in March, 1840. They
were weighed by Mr. Downes on the part of the Customs,
and by myself. Hearne was present. 1 did not tell Mr.
Dowue% that the collection in the casks was since March,
1849. I never gave directions to John Henry Smith, to get
every thing out of sight as the officers were coming. I never
asked Smith whether lie had made up sugar that had been
taken to Varies corner. I never gave Smith orders In take
three tons of sugar to Davis's corner, or any smear tart-
ever. I never gave Smith directions to take sugar la Davb's
corner which he refused to take, because it had bees seem
by the Custom-house °therm.
Crem-examined by Mr. Watson, Wit' aDavies Eel
ncr about once a month, I don't myself superintend the
draininga or sweepings. I cannot say which exceed the
other. The overdrawings and spilling% are collected in the
upper floor. I cannot swear whether this book was produced
when the retinae was made. I took the weights myself in a
private memorandum book of my own. 1 have no recol-
lection that this book was produced at all. I first heard of
the seizure sonic time last year. lam not sure that it was
before November, 1849. I think I was present when Mr.
Bowden came up and inquired about the ten bags of sugar,
but I cannot neollect that it was in September, IMO. Mr.
Bowden spoke to Fay about them. Fay is still in the em-
ploy of the company. 1 don't make any examination after
a missing package. I don't know Crisp. lie was a
labourer employed on the upper itoor. lie was an extra
man. I don t keep the accounts of the men who go and
come. I leave the repacking the goods to the deputy
warehouse-keeper. I have no recollection of having shown
Mr. Downes another sweepings book at the time of the
seising. lam not aware of any other sweepings book. I
have no recollection of having ahown any book to Mr.
Downes.
Re-examined by Sir F. Kelly—l know not whether
Crisp is in communication with the Customs. Bowden is
an officer of the Customs. Clearance orders come down
from the Custom-house, and therefore they would be quite
aware whether there was • cargo of 900 bags of sugar
cleared in 1847.
11y the Jury-1 was not present, and know not that two
boxes or eases of Havannah sugar were put into one of the
eight casks of sugar. I gave no orders to put them in. The
order I gave to have the sweepings repacked did not in-
clude the two boxes or cases of Havannah sugar. It ought
not to have been done. It is contrary to orders to put ori-
ginal packages amongst the sweepings.
By the court—l don't know anything about those boxes.
Mr. Nicks can give information about them. If I had dis-
covered those packages 1 should have reported them to the
superints 'Went. I did not know that they existed. I don't
recollect a case of the kind at our warehouse.
William Baker examined by Mr. Marauley, Q.C.—I
have been principal sampler for twenty years in the eastern
dock. We do nut abstract more than two ounces in the
stabbings. I never kept back any excesses from the scale,
or sanctioned its being done by any one else. I remember
the scieure of sugar. I did nut shortly before, when no
ship's cargo was working, sample a number of original bags
of sugar run out by a gang of men and place them in pile.
I know nothing whatever about it and was no party to it.
Cross-examined by Mr. Watson, Q.C.-1 have samplers
under me. The sampling is taken in one of the rooms be- ,
fore it is weighed. I sample whatever is in the ship's
manifest.
Re-examined by Mr. Maeauley, Q.C.—lt would be im-
possible to prevent the spillings.
Mr. W. IL Wicks examined by the court—lt does not
appear that the two boxes of limannah sugar were ever
entered. The total weight of the cargo appears, and it
appears that the whole cargo, as entered, was delivered. I
had no business to pack those two boxes of Havannah sugar
amongst the sweepings. I did it more to screen the fore-
mut than anything else. Pouting was the foreman. The
two boxes were under his charge. I have never known
such another instance. I ought to have told it to the
superintendent, and taken his directions upon it. They
were turned out, and made the eighth cask. The eighth
cask was marked sweepings. My object was to screen
Panting by getting rid of them. There was no fraud on
the revenue intended, as they would be equally exported
either way. I don't know to what cargo they belonged.
The cargo was first delivered in March, 1848, and the lust
delivery was in January, 1849.
Charles Norman, examined by Mr. Groves—l was foreman
and deputy warehouse-keeper for 16 months at the Eastern
Dock. I never heard or knew of any such place as the
laboratory. No miming bag was ever supplied by a bag or
parcel from another merchant. I never had any know-
ledge of six or eight casks of sugar taken to Davis's corner.
Cross-examined by Mr. Ballaotine—' slight deficiency
would be made up from the overdrawings. The delivery
foreman would execute the order himself. The goods were
placed in his charge. What were understood to be dry
scrapings were sent to Davis's corner.
Re-examined by Sir F. Kelly—l never knew good sugar
sent to Davis's corner.
Frederick D. White, examined by Sir F. Kelly—l had
been formerly deputy warehouse-keeper at the Eastern
Dock. I never knew of any bag or parcel taken from an-
, other pile to supply a missing parcel. I never knew of any
good sugar sent to Davies corner to be converted into wet
' drainings. I was at the Eastern Dock. It is totally untrue
that I was told by Robins to take a pared from any
other pile.
Cross-examined by Mr. Watson, Q.C.—I am not now at
the Eastern Dock. I don't know whether there were any
scrapings.
Edward Spence, examined by Sir F. Kelly— I was deputy
warchonsekeeper at the Eastern Dock. I went there is
1843. Robins was there. 1 know of no good merchantable
sugarconveyed to Davis's corner to be converted into wet
draining.. No such practice ever existed as to take a tog

from any pile to substitute for anatkor. I never authorised
it myself.
Crow-examined by Mr. Ballantino. The Dock Company
would be responable for any package that was missing.
have had 1701. a year. I have ally 140 f. now.
John Moore examined by Sir F. Kelly—lt was scanetizacs
my business to carry sweepings to Dana's corner. I never
carried any clean sugar there.
Cross-examined by Mr. Wuhan, Q.C.-1 was two years
at this work. I was directed to keep them separate.
Robert Hemmersley examined by Sir F. Kelly—l am
cooper at the Eastern Duck. I keep a stock of staves for
casks and to repair others, when casks are wanted at the
docks, and I then make them according to the directions.
There have been many casks supplied in 1849. I keep no
book of the amount or the date of the quantity supplied.
I have no record of anything of the kind.
Cron-examined by 31r. Ballantine—l have no voucher..
I obey the orders, without anything further. I don't re-
member being particularly busy about the time of the
seizure.
John Webb, examined by Sir F. Kelly—l am cooper.
There is no book kept.
William Sawyer, examined by Sir F. Kelly—l was
examined before, but I had not thu stowage book with me.
Sir F. l'ollock said he would not call the witness back
to prose this part of the case. The cocoa was no part of
that charged in the information, and the jury had addressed
him to protect them from unnecessary inquiry.
William Speneely, examined by Mr. Peacock, Q.C.—I
am warehouse-keeper of the South Quay. I remember the
seizure which took place last March. The customs officers
made no inquiry of me previous to the seizure.
They seized some original bags of cocoa, and some
I called sweepiugs—clean hand-picked sweepings. I
I believe thee bag 59.5 diamond It, belonged to the cargo of
the Trinidad, which came in in 1837. This is the stowage
book of the sixteen warehouse floors. I rind the entry in
this book of that hag of cocoa. It stands to the merchaat's
account. I find that twenty-four bags have been delivered,
and there were twenty-five. July, 1837. was the first deli-
very, and the last was in July, 1839. The bag was carried
to another account, and a warrant is still outstanding for
its delivery. I saw it weighed by the Customs. It weighed
lewt. 2qrs. tilbs„ and by the Customs' weight/ it weighed
only lcwt. 2qrs. All the rest of the pile had gone away. If
a dock warrant came to me I should feel bound to find *bag
corresponding with it. Charges had been paid upon that
bag of cocoa up to 30th November, 1844. I don't
recollect the caul position it was in when seized.
I had given no authority to any one to con-
ceal it. There was no occasion to conceal it.
No. Gll belonged to the Leonora, for it had the ship's
initials on it. When the seizure was made I did all I could
to trace the packages. The Leonora was imported in 1841.
Iler cargo was all delivered. I cannot account for this bag
being over. It might be that one short was delivered.
Atkins was the delivery foreman on this floor at that
time. lie has been dismissed from the company's service—
' about 1811, I think. I think this bag was near the wheel.
It was the most exposed place in the warehouse. It was
mot concealed by the wheel. No. GO9 belonged to the
Canada. I have endeavoured to trace that as well as the
last. The rest of the cargo was housed in 1836, and this
was found in 1848. It was a very old bag with a
I number of holes in it. The Customs have taken the stock
of the warehouse, and this does belong to the Canada.
Whatever packages were under the wheel were more ex-
posed than any other place in the warehouse. Small por-
tals of odds and endi are put under the wheel. It was not
so regular iu 1841 as it is now the custom to give notice to
the merchants. It is under stop now. I cannot find any-
, thing about seven parcels which are slated to me. The
witness was then examined as to a variety of packages
seized. I never gave authority to any one to mix original
bags with bugs of sweepings.
The witness was examined at great length, but his exa-
mination in chief hail not been concluded at half-past 6
o'clock, when the court was adjourned.