The Express.
London, England, 1851-11-28 00:00:00

COMMISSION ON HAINAULT FOREST.

MURDER AT TOLLESBURY.

(Frees the asehaVord Ckewiirk.)

With feeling's of humiliation and sorrow we hare
to add the details of another atrocious murder to the blood-
stained deeds which have blackened the criminal annals of
the county within the last few years. The scene of the
horrid tragedy in this case is 'follesbury, a considerable
fishing village, lying upon the marshes of the Blsckwater,
' and close to Tiptree-heath; and the victim is the wife of an
oyster dredgennan, named James Cobb, 33 years of age,
who was murdered while asleep in her bed, after her hus-
band had left her, early on Tuesday morning. Cobb was
employed in the oyster layings, of which there is a coasi-
lerable extent in the neighbourhood, snd it appears left
fir his work about 6 o'cloek in the morning, a lodger
having previously quitted the house; the wife being at
tbs time awake. A little girl, seven years old, whom
they had adopted, having no children of their own, slept in
a crib close to their bed. Other houses adjoin, but nothing
was heard to create alarm or excite surprise till eight
o'clock, when the little girl awoke and finding the woman
dead, gave an alarm, and admitted the neighbours ; the
victim was then found lying in the bed, apparently in the
position in which she had been sleeping, with an indenta-
tion in her skull, 'several other wounds on her head, and
her threat cut, life being extinct. The object of the mur-
derer was clearly plunder, and the presumption is, that
having entered by the window, he proceeded up stairs,
struck his victim with a hammer on the head as she lay
asleep, and having rendered her ;insensible' cut her throat
with a razor, thus effecting the murder without waking the
child, who lay slumberiing within a few feet, and who, if
she had been disturbed, would probably have been silenced
in the same summary manner. The murderer then appears
to have ransacked the hoses in that and another room in
search of money, but he did not succeed in finding more
than 12,. belonging to a lodger, which was taken away ;
a tea-caddy, containing about the same sum, standing
close to the bed of the murdered woman, having escaped has
search.

The dreadful deed produced awful excitement throughout
the, village and the adjacent parishes ; the police were early
on the spot, investigating all the circumstances, and suspi-
cion soon pointed to Heury Harrington, a young man about
twenty years of age, who lodged in a house adjoining, as it
was ascertained he had not quitted his house till after Cobb
and his landlord had gone, and the same morning proceed-
ed to Wivenhoe. The evidence against him at first ap-
peared exceedingly alight, but the officer felt it his duty to
take him into custody, and facts have since come out that
tend strongly to fix him with the guilt. A hammer be-
longing to the person at whose house he lodged has been
found exactly to fit the indentation in the head of the de-
ceased, and on Wednesday, a labourer, at Salcot, two miles
off, found near a stile in the direction the prisoner
went to Wivenhoe, a handkerchief and a razor in a
case, both bloody, the former of which has been identified
as belonging to Harrington, and the razor is the
:property of
Wash, with whom he lodged, and who, on going to look
for it, found it was gone. It was further found that the
prisoner's trowsers were marked with spots of blood, and it
appeared that he had endeavoured to hide some by putting
ink over them. He has been sometimes employed as a
labourer on a farm, and at other times as an assistant in
dredging. The husband of the murdered woman, though
in hu.nble life, occupied a respectable position in the
village.
On Wednesday, an inquest was held at the Queen's
Head Inn, Tollesbury, before Wm. Codd, Esq., coroner,
and a respectable jury, when, after viewing the body, a
number of witnesses were examined, who deposed to the
facts above given. The medical gentlemen agreed iu opinion
that it was impossible the wounds on the head of deceased
could have been inflicted by herself. Harrington made the
following stat•ment, after being duly cautioned
:-
1 live with my sister, Mrs. Wash, and opposite to Cobb's
house. On Tuesday morning last (the 25th inst.), about
six o'clock, I gut up and lit my pipe, and went up the
yard towards the privy, when I heard some ono in there. I
went indoors and began my breakfast, and in about ten
minutes afterwards 1 again went to the privy, and met a
man named James Coates, who lodges with me coming from
it. I shortly after returned into the house, and made a
fire and finished my breakfast. Coates had then gone to his
work. I left home before 7to go to Select to see Abra-
ham Emmeny, who was going along with me to Wivenhoe
to get a boat, and he and I went to Wivenhoe the same
day. Jeremiah Ketley, Abraham Emmeny, and I had
paid down a pound amongst us for the boat about a month
ago, and were to pay the remainder, 151. 10s., by weekly
instalments of five shillings amongst us. We went to the
' owner of the boat, Mr. Barton, of %Vivenhoe, and he told
us the boat was ready ; but when we went to look
at her we found the well had not been made
high enough, and we came away the same day
without the boat, and reached fialcot about seven
that evening, when I slept that night at the
Rising Sun with Emmeny. I did not come on to
Tollesbury, as I heard policeman Fox was after mc, and I
was told that he was coming to Salcot for me. I was ap-
prehended by policeman Fox at Tollesbury this morning.
When I left home yesterday morning, I had 3s. in shilling
piece+. I had two shillings of it from Itallinson, Mr. Fuir-
head's looker, and the other shilling from Mr. Wyatt, e
bricklayer of Tollesbury. The coat which I now have on
is the same coat I wore the whole of yesterday (the 21th
instant), from the time I got up. I have only two other
coats, and both of them are at home. I have no razor of
any own, but always use John Wash's razor where I lodge.
I believe it was a black-handled one, but am not quite
certain. I think I should know it if I was to see it again.
I have not shaved with it for the last fortnight. I think I
got to Salcot about 8 o'clock. I went by the road as far as
Old Hall Chase, and then went along the path by the fields.
I did not leave the path at all. I have one handkerchief
only, and that is at home. I should know it again if I was
to see it. I have had no other since I have been at Tolles-
bury. I very seldom use it. I did not use it yesterdaj
morning. I kept the handkerchief at the head of my bed.
James Coates and his son slept in the same room with me,
and did so on Monday night last. Coates and his son, aged
about twelve years, left home before me about half an hour.
The inquest was adjourned to Tuesday.
Yesterday, a posl mortis, examination of the body of the
deceased was made by Mr. Dawson and Mr. Smith, when it
was found that the injuries from the blow on the head were
much more extensive than had been at first supposed, and
were sufficient of themselves to cease death, inasmuch as
the whole of that part of the bone on which the hammer
fell was shattered to fragments.
It is a little singular that when the aims was discovered
the general feeling of the inhabitants of the village. was one
of suspicion against the prisoner, this being in part pro.
duced by the general character which he bore. The pri-
soner, it is stated, had en farmer occasions been heard to
give utterance to threats against the deceased. It is also
added that Cobb was to have been a pertain in the boat al-
luded to inthe evidence, and had stated he had hissl. ready
to pay his share: it is therefore concluded the motive that
instigated to the murder was to obtain possession or this
money, in which, however, the perpetrator did not
succeed.

The commissioners met on Monday at the Angel
Inn, Ilford, for the purpose of settling their award with
regard to the forest boundaries.
Mr. Commissioner Cooke said he supposed the parties
present were aware that the object of that meeting was only
to hear objections to the draft award which had been
printed and circulated amongst the persons interested in
the forest.

The printed draft award was taken as nod.
The commissioners then proceeded to fix the external
boundaries ; and, as no one came forwent to object, the
drift was ea far confirmed, with a few trifling alterations of
detail.
Mr. Commissioner Wetherell having inquired whether
any person objected to the boundaries of the King's Woods,
as described in the draft,
Mr. Hulse, on behalf of his tither' Sir Charles Hulse,
lord of the manor of Barking, objected to Chadwell-heath
being included within the inner boundaries of the forest.
Mr. Commissioner Wetherell asked if Mr. Hulse was
prepared to show that Chadwell-heath was not within the
confines of the King's Woods ?
Mr. Hulse replied that he did not know what the King's
Woods were.
Mr. Commissioner Wetherell thought the Woods and
Forests must give evidence in support of their claim.
Mr. Gardner, solicitor for the Woods and Forests, re-
minded the commissioners that Chat's-ell-heath had been
perambulated by them, together with the rest of the forest.
Mr. Commissioner Wetherell said there was, on that oc-
casion, no opportunity' of cross-examining the keepers.
Mr. Gardner said it was matter of notoriety that Chad-
well-heath was included. Ile was then proceeding to refer
Ito the report of a commission with regard to the royal forests
in 1793 when
Mr.Hulse objected to the reference, on the ground that
the witnesses examined by the commission were not sworn.
After a short conversation, the objection was overruled.
Mr. Gardner observed, that the commissioners in
1793 said nothing but what was based on documentary
evidence printed in an appendix. After stating that
Hainault Forest was formerly part of the possessions of
the Abbey of Barking, and came to the crown by the sup-
pression of religious houses in the reign of Henry the
Eighth, the report set forth of what the forest consisted,
and amongst the particulars was a detached parcel of land
called Chadwell-heath, consisting of 40 acres. Upon this
statement, and upon the evidence of the keepers of the
forest, who went round with the commissioners the other
day, the crown claimed to have Chadwell-heath included in
the King's Woods. He did tot know what evidence there
was to rebut this. In the report to which he had refereed,
the heath was set out in minute detail. It was for Mr.
Hulse, who represented the manor of Barking, to show
that his father was the owner of Chadwell-heath.
Mr. Commissioner Cooke mid it would be well to exa•
mine the keepers, in order to ascertain the practice.
John Liver examined by Mr. Gardner—Was head-keeper
of Hainault Forest. Had been to for in or 46 years. Knew
the King's Woods, which consisted of about 3,000 acres.
Attended the commissioners the other day in their peram-
' bulation, and the boundaries which he pointed out to them
are what he had always understood to be the boundaries of
the King's Woods. They were shown to him as such when
he first came on the wood. There were two detached por-
tions of the King's Woods, and one of them was Chadwell-
heath. About 30 years ago he felled a good deal of oak
timber on that heath by the order of tke Woods and Forests.
Nearly all the timber was then felled by the crown, and it
was afterwards sold by auction. Had always understood
' Chadwell-heath to be part of;the King'sWoob. his brother
and his son were both present at the recent perambulation.
Mr. Hulse declined to cross-examine the witness.
Thomas Layer, brother of the last witness, said he had
been keeper about 40 years. East Hainault was his walk.
Chadwell-heath was partly in his walk, mid partly in his
nephew's. Had always considered that part which was in
his own walk to belong to; the King's Woods. Recollected
his brother Jokn felling some wood on Chadwell-heath
many years ago. Part of that heath was in East Hainault
and part in West Hainault. His brother John was King's
Woodward.
William Laver, son of the first witness of the same name,
said he had been keeper of West Hainault Walk nearly 20
years. He succeeded his uncle. A small portion of Chad-
well Heath was in his walk ; had always understood it to
be a portion of the King's Woods. Recollected_ putting
some mark on the timber 15 or 16 years ago for the crown.
Mr. Druse, representing the parish of Chigwell, here said
he had examined the draft award, and had ne objection to
offer.

Mr. Gardner mid he did not know what better evidence
could be adduced than that which he had brought forward.
The witnesses all said that Chadwell-heath had, as long as
they could remember, been dealt with as a part of the King's
Woods.

Mr. Hulse observed that he had before him a map of a
more ancient date than that of 1793; it was a survey made
for the lord of the manor of Barking, in 1652-4 copyhold
map accompanying the court roll.. Here was a copy of a
grant (exhibiting a document) of the manor of Barking to
Sir Christopher Hatton, &c. and from it were excepted
" those chapel walks called East Hainault Walk and West
Hainault Walk."
Mr. Commissioner Cooke asked whether the objection
did not apply to the title of the crown to tho King's
Woods altogether ?'
Mr. Hulse maintained that Chadwell-heath was within
the outer boundaries of the forest, and the King's Woods
within the inner. The term " King's Woods" was quite
modern ; it was introduced in the report of 1793. Ho could
prove that parties had paid money to the lord of the manor
for the right to take away the soil of Chadwell-heath.
The Commissioners then examined Mr. Hulse's survey
of the manor of Barking, before referred to, made in the
year 1652.
Mr. Sage, solicitor of Sir Charles Hulse, was then asked
by Mr. Commissioner Cooke to state what there was, in his
on o , to show that Chadwell. heath was no part of the
King'sP Woods beyond the fact that it was situated at some
distance from the bulk of the King's Woods?
Mr. Sago said there was nothing except its remote dis-
tance.
Mr. Commissioner Cooke—ls there anything in that map
to show that the soil is not in the crown ?
Kr. Sap—Nothing.
Mr. Hulse said that if the reeve of Dagenham were there
he could show that the lord exercised rights with respect to

fishing.
Mr. Sage, examined by Mr. Hulse—Had known the ma-
nor of Barking thirty years. The lord of the manor had
many tenants within the bounds of the forest. Knew the
copyholde of the manor very well. Some were within what
was called the King's Woods, and some were without it.
Had known timber to be felled by the lord of the manor
without the gates of the forest, the lord receiving a third.
Mr. Rube said that tended to show that some parts of the
forest were disafforested.
Mr. Gardner thought it proved nothing of the kind.
Examination continued—Had felled any timber at
Chadwell.heath. They had taken the soil, and had given
permission to the copyholders to cut trees on Chadwell-
heath.
Mr. Commissioner Cooke—Have you done that in any
part of the King's Woods ?
Witness—Yee.
Mr. Hulse—Within the boundaries of the gates ?
Witness—Yes.
Mr. Commissioner Cooke—Have yen exercised any right
over Chadwell.beath which you have not exercised over
some part of the King's Woods?
Witness—lt does not occur to me that I have.
Mr. COMIIII/Igol4l. Cooke said this last answer shewed
that the objection, if it were good for anything, applied to
the whole of the King's WOOlh.
Mr. Gardner submitted that it raised the issue which the
act of parliament had pointed out a specific mode of tryin.
The Commissionerbound to Chad-
well-heath

TnE REMOVAL OP MR. RANSHAT.—WO announced
on Tufeday that the Earl of Carlisle had determined upon
removing Mr. Itainshay from the bench of the Lancashire
County Court. The following letter, received on Wednes-
day morning by Mr. Hull, the attorney on behalf of the
inquiry into Mr. Ramshey's conduct, confirms the fact :
w Duchy of Lancaster. Vi Merle° Bridge, Nov. 26.—Sir,—I
am directed to inform you that the Chancellor of the Duchy
of Lancaster ham thought fit to remove Mr. Ramshay from
the office of judge of the County Court of Lancashire,
holden at Liverpool.—l am, sir, your obedient fervent,
F. DAWIS Atacama. Mr. Frederick 8. Hull, solicitor,
Liverpool."
LIVERPOOL COUNTT COVET JUDGESHIP. Mr.

Joseph 1 eiluk, at Naseekattat. IMe Mos ht the Salford _ said they felt to treat ,
Hundred Court of nausi. was ~,slated Judge
of the County Court of --math as part of the King's Woods.
p, re aims. Little Heath ma struck out, Mr. Gardner disclaiming it
ahoy, removed. Mr. J. K. .of es Mahone Circuit, °U the part of the crown.
min succeed Mr. Joseph pone* le J if me Court of The ft award, es amended, was then settled, whisk
Record for the Hundred of concluded the enquiry with respect to boundaries.
BIIOIIPTON HosrITAL.-s-Yesterier, The Commissioners expressed a wish to have IMO aefr
a quarterlY deuce of the value of the widows' rights in the past at
court of the govetnon of the Sespital foe Consumption and &thing, intimating that what they desired was ay rare
Diseases of the Chest, Brought's. was held in the board- average.
was of the hospital ; Kr. Paw is the chair. The report William Laver examined—A certifies» was obtained by
tothed that the annualnittlent Maser, at Chelsea, had the widows of their residing in the gaidit. sad at'
skied the funds of the innandes le the amount of their not being in the receipt of yaddi mut
NM 10s. Bd., which sum Minim a denation of 1231. The On presenting the certifiede they mom' Aber weed
eoaoert upon Lord Ranelagingswands, at Fulham, entailed or money from the steward. That Mils= ink he knew,
a direct loss of 771., but it ereated such an interest in the for twenty years. The most wood he Mil Mt given wee
welfare of the institution ameag the charitable of that five loads in the year ; sometime and awn ass, sometimes
neighbourhood, that they eeamibuted 1101. to its funds. none. He had generally peal shoat 11. be money. The
mows. Cooper and Wakefield, the builders, have contracted whole amount in money was aim& ton or twelve
to build a new wing end kitchen fie the hospital at the cost pounds. He had known this 1&t so heavy as it was
of 5,5001. The proper heat* sd era Ina, it is hoped, this last year. As yet the widows had not received Lays
will be now secured, the committee Whig directed their thing at all this year • all payment had been stopped by
architect to take steps for that purpose. The want of • the steward of the Earl of Ifornington. The lowest num-
' eanitorium has been long felt, and therefore a sub-committee bee of widows he had paid was 18. There was • fresh
has been appointed to select a site on the south coast suit- certificate promoted yew. He had no account show.
able for tee location of such en institution. Since the last ing how much money he bad paid, or how much weed he
court (in May) 2,0001. have been bequeathed to the institu- ha.l set out for the last twenty year He had always
tion by the Lite Edward Briggs. Esq., of Hayes-place. acted under the orders of the steward, who, no doubt, bad
Since the same ponied 257 patients have been admitted; of an account.
whom 35 died, 202 were discharged. and 90 remain in the John Staines, reeve of Stapleford, was now examined.
house. The new out-patients have been 1,402. He said he had held his office of reeve nine years, having
EDUCATION OF PAUPER CHILDREN.—At • late received his appointment from the parish vestry. It was
meeting of the Board of Guardians of the Holborn Union, his duty to mark the cattle. All the inhabitants of Staple-
it was intimated that Mr. Hall, the Poor-law inspector, had ford had turned cattle on the forest as long as he could »-
objected in his report to the practice of employing boys in member. The common was enclosed between 20 and 30
the workhouse in sorting bristles, and recommended their years ego ; all the parish turned on in respect of their hold- I
being taught tailoring, or some other trade whereby. they &figs, 21. for a cow and 41. for a horse. There were four
might obtain • livelihood. Mr. Sandland concurred in the markings in the year, and the number averaged about 40.
opinion expressed by the Poor-law inspector: the mum-
Not near half the parish lay within the forest
two alluded to afforded no instruction likely to be of use at Could not say what proportion of Stapleford wamb:=.
• future time ; and while it conferred no benefit on the He had lived in the parish 37 years.
children, it was opposed to the interests of the ratspayen, The Commissioners then adjourned.
I for if the children received a better education, they were There wee another sitting on Tuesday, at the same place,
less likely to continue a harden upon the pariah: Mr. for the purpose of hearing the ease for the crowa.
Humphries, the chairman, eeneidered the occupation al- Mr. W. M. James, Q.C, addressed the commissioners
laded to worm than useless. Mr. Horne attributed the with regard to the rights of the crown. He said the crown
at present permed to a false notion of economy : if claimed under the act in respect of its rights in the wood
retebTtys ware instructed is any trade, there were plenty itself, and also in respect of its rights in the other parts of
Mummers who would be glad to take them. Mr. Cottle the forest. For the purpose of this investigation it must be
objected to the tailoring being taught, as the present sweat- murdered the owner of the soil of the King's Wood ; in
ing system prevented many of that trade getting • living at which capacity it had a clear right to the whole of the
it. After emisierable discussion, the board expressed en wood and uuderwood ; and its title was paramount to all
minims's opinion that the practice alluded to should be common rights. The common right of pasture in the wood
dieesatisaa& was only a right to so much pasture as re-
Dffifficgtow or THE CITY OF Pn'TABMIOII. mined after the deer had beta provided for, end
one maw atm midi, the sailing of which we an- the crown bad a right to stock the wood with deer to the'
llyeesmig, bat bash emapelled to remain in port fullest possible extent. This claim went apparently to the
gar two diem, in assrabusest of having boss everiaden. exclusion of the rights of all the commoners, but practically
Gym spatulas ink. as the amens at bar latambat aa. there must always be some commonable pasture available,
perms yeassday, It met head that she bad ememernhi, though the right to it was subject to the paramount rights
me amp ea baud than bar taaaase maddiseupy are of the crown. The usage of the last few years must not he
weer immsdistaly eat to Ina to talkaa the -height by suffered to prejudice the rights of the crown, for, though
Iwarty live het samearemese. fileis availed as lea ••the deer had almost ceased to exist, the crown bad not
morrow. gams up its rights to hare any number. In feet, the mown

all the rights which had descended to it from
possessedrn n times, oppressive as they might appear and though
it was willing to surrender them on receiving an
equivalent. It was entitled to compensation fur
the surrender of its forestal rights, not merely in respect of
the King's Wood, but in respect of the whole of the forest.
The forest included, in round numbers 13,000 acres. Of
these, 2,800 comprised the King's Wood ; 1,200 consisted of
open and unenclosed lands, and the remainder was more or
less enclosed. In respect of the entire forest the Queen's
forestal rights were as extensive u they were in respect of
the King's Wood. Within the forest bounds the deer
might go into tiny field to be fed, and legally, every
hedge must be so fenced as to allow them
access to the land and the crops grown upon
it. No person hail a right to cut down wood,
or to convert pasture land into arable, to the
prejudice of the forestal rights of the crown. In support
of this view he would cite passages from " Manwood's
Forestal Laws," which was the great authority on the sub-
ject. The learned counsel then quoted a number of pas-
sages. In these it was laid down that the occupiers of
: forestal lands must so manage their herbage as to preserve
the wood and underwood for the use of the wild beasts of
the crown ; that it was an offence to remove heath, tern,
or broom, so as to deprive the animals of food ; that to de-
stroy the coverts or the woods, or to convert pasture into
arable, was to destroy the forest ; that enclosures
must be made with low hedges, which would not
disturb the game ; and that an oak which bore 11
acorns, fwal for deer, could not be felled without the royal
permission. The learned counsel also cited the opinion of
Sir Vicary Gibbs and Sir Thomas Plummer, delivered in
1810, to the same e tfect ; these authorities declaring that
the right of commoner's pasture was subservient to the
sovereign's right of feeding ulcer, and that the sovereign
might remove the commoner's cattle if they interfered with
that object. This was his (Mr. James's) case for the crown,
and he maintained that the crown was entitled to substau-
tial compensation for yielding its rights. Those rights
rould not,audeed, be exactly measured; hut he thought the
crown would be dealing liberally with the commoners,
if in respect of the wood and the underwood in the
King's Wood it was contented with one•half of the
whole acreage' giving the lord half the surface, and leav-
ing the other half for the coininoners. Ile asked the com-
missioners, in short, to allot to the crown three-fourths of
the King's Wood, leaving the other fourth to become
the freehold property of the commoners, on account of
the limited rights they now enjoyed. NO acres would thus
be allotted to tie commoners in fee-simple, to deal with
as they pleased ; and he considered this offer very hand-
some on the part of the crown. 13y the act it was provided
that all the expenses should be paid out of the portion
which was not allotted to her Majesty. The wood
remaining would, as lie should show, provide abundance
of fuel in respect of the assignments, and he proposed
that the wood on the fourth should be given as compensa-
tion fur the loss of the estover. To provide for the widows'
claims what he would suggest was, that before making
their general allotment the commissioners should take from
the whole property the money value of those rights for the
benefit of the widows.

Some discussion then took place with regard to a claim of
381. a year sent iu on behalf of Lady Mildmay, and alleged
to be founded on a money payment of that amount. The
matter was postponed for inquiry as to the facts.
In reply to a question from the commissioners,
Mr. James said he considered that the crown would still
have the same rights over the fourth as would be possessed
by any other landowner.
The commissioners having asked if there were any one
present who was prepared to act on behalf of the com-
moners,
Mr. Ilalldare asked for an adjournment, that the com-
moner' (over a meeting of whom he had presided) might
have an opportunity of consulting together, now that they
had heard what were the claims of the crown.

Mr. Moriwn complained that by the claims of the crown
the rights of the assignment holders were virtually ex-
tinguished.
the commissioners had no objection to adjourn, on the
understanding that no further adjournment should be asked
for.

An adjournment then took place until the 22nd of
December.

I RELAND.

DeaLts, Nov. 27.
The Balling banquet to the brigade members for
Mayo came off, with all the anticipated eclat, on
Tuesday evening, although the remoteness of the
locality thus rendered illustrious prevented any ac-
count of the proceedings from reaching the public
through the medium of the press before this morning.
The Freeman gives us an" instalment" of the report in
ten long columns; but as the paper only appears
a few minutes before I am obliged to close my
despatch, I can do no mote than glance over its
contents. The chair was taken by the Very Rev.
])r. Costello, P.P., and the speakers were Mr. Moore,
M.P., Mr.Ousley Higgins, M.P., Archbishop IkP Hale,
Bishop Feeney, Mr. O'Flaherty, M.P., and Mr.
Keogh, M.P. Dr. M'llale dwelt at much length on
a description of the desolation which the last few
years have effected in the districts of the west.
The Galway Vindicator has the following state-
ment :

On the 17th of September Mr. John Robertson, agent to
the mortgagees of the Martin estates, accompanied by silty
bailiffs, proceeded to the townland of Kerryrusb, and evicted
seven families, comprising 42 individuals. The houses
were levelled on the instant without the slightest opposition
being offered by the evicted. On Nov. II the same party
went upon the lands of Dooletter, and evicted two families,
consisting of 10 persons. Nov. 16, on the townlands of
Mace and Dooreher, they evicted 17 families, comprising
100 persons, and levelled the houses. On the 21st, on the
townland of Atry, they evicted 17 families, comprising 6.5
persons, and unroofed the houses; and on the 22nd the
same party went on the townlands of Cashel, Rossroe, and
Glynsk, and evicted 16 families, comprising 87 human
beings, and levelled their houses.
This makes a total of 303 persons evicted and
49 houses levelled.
The Cork Erni/liner has the annexed statement
with reference to drafts sent from America:—
"We have a letter before us dated, Liverpool, Nov. 24,
in which the writer states to his correspondent, a respectable
eitizen of Cork;—' I cannot adequately describe to you my
feelings when I was told this day, at Harnden's, that I
most send back your drafts to Boston, as be had no funds
to meet it.' The writer, after some comments upon the
.facts, goes on to say I understand that upwards of 9,0001.
in drafts, from 11. to 51. are now in circulation, and not ono
shilling paying of them. My banker holds 1301., from Ire-
land, of those drafts, and cannot get a penny. The fol-
lowing circular has been recently issued by Messrs. Hamden
and Co.:-18th November, 1851.—A satisfactory letter has
been received by the Niagara, from Boston, to-day, and we
hope that alter the neat mail our business will go on as
formerly."

The Limerick Chronicle says " The Treasury, on
Saturday last, consented to advance 4,0001., being
the repayments of the reproductive fund in this
district, towards the establishment of a model agri-
cultural school in Limerick. A sum of 450/.,
the surplus fund of the Cattle Show held at
Limerick in 1846, will also be applied to this most
desirable purpose."
Mr. Torrens M'Cullagh, M.P. for Dundalk, has
been invited as a guest to the Limerick banquet to
the Earl of Arundel.

Summonses in the usual form were some days
since served upon his Excellency the Earl of
Clarendon, upon his Excellency's late private secre-
tary, upon Sir T. Bedington, and upon other gentle-
men connected with the Irish government, to appear
as witnesses in the case of " Birch against Sir W.
Somerville," which is fixed to be tried at Queen's
Bench Nisi Prius on an early day next month.

TUE KOSSUTH FUND.—A ball on an extensive
scale is getting up at Southampton, under the patronage of
the Mayor, in aid of the Komuth fund.

- -
Loss OF THE UNICORN EMIGRANT SIIIP.—The
Liverpool Courser contains the following extract from the
journal of the master of the Boston packet-ship Daniel
Webster: " Sunday, Nov. 9, lon. 42, lat. 55, brisk breeze
from the northward, discovered a wreck on our lee bow.
Immediately bore up for her, and found her to be the
British ship Unicorn, Captain Gray, from Liverpool, Oc-
tober 16, for St. John, New Brunswick, with shout 300
passengers, • part of whom were on board the brig Harriet,
of Portland, from Bordeaux for New York, then lying to
near the wreck. As one as we could bring our ship in
working order, laid by and took off all the passengers,
and as many from the brig as chose to come. The ship
was dismasted on the morning of the 7th, since which the
P have suffered much from exposure. All day
yesterdayilrs
they were without nourishment, and the decks
were so encumbered by falling spars and rigging, it was
difficult for them to move about in safety. When we
reached the ship the passeagers were being thrown into the
boats alongside in the most inhuman manner, some falling
into the water and some on the rail of the boat, all more or
less bruised. Theyare all in the meet destitute state, having
saved nothing but the rage they stood in. The captain and
crew were offered a passage back to Liverpool, bat they
preferred going to New York in the brig. Left the ship
about four p.m., with nothing but the foremast tottering
over the aide. She seemed to be rapidly settling in the
water. As soon as we got under way, we made every ar-
rangement to make the passengers comfortable, by cutting
up sails, giving them bedding, Mc., from the cabin, and pro-
viding them with water and food. We find that we have
175 more to take care of than we made calculations for
when we left, consequently have put all hands, fore and aft,
on an allowance of water. After writing the above, had
light breezes till the 16th, when we experienced a heavy
gale from the southward, which carried away our maintop-
' sail, since which we have had moderate southerly winds.
Only one passenger has died through the injuries received
by being thrown into the boat; but several have their
limbs broken, and are under our surgeon's charge. Most
of the passengers were put on board by their Irish land-
lords, and are in a most wretched state of poverty. We
hope they may be provided for at the earliest opportunity,
and would thank you to call the attention of the public to
their destitute cesclition."

law iintelligence.
JUDICIAL COMMITTEE OF THE PRIVY

COUNCIL.7•YESTERDA Y.

CRAY W.1!IlITI, if.CCV, Rl■ if eIiIIAT

li/1/1111 FIVT,AND SIR EDNARD Kr.,.
WILKINSON O. WILSON-THE BONAPARTS-430rfOlIST

-JUDOMENT.

The facts of this case I;;;;.cleiaiied in the Express of
yesterday. The question raised was the validity of a bat-
tomry bond. It was contended that the bond was invalid
upon the ground that the master had not corresponded with
the real owners of the cargo, the calibignees, who were
traders at Hull; and it was submitted that these gentlemen
should have been written to or comruuoicated witb, as there
was ample time and opportunity for their directions and in-
structions to have been obtained upon the subject of the
bond.

Sir J. /Knight Bruce said that this case came before the
council upon the validity of a bottoinry bond, but only in
so far as the cargo was concerned. The appellants contended
that the bond was invalid: they alleged that it was not
warranted by the maritime law. The respondents, on the
other hand, claimed the full value of the bond as against
the owners of the cargo, so long us the demand could not
be satisfied by the ship and freight. The demand
could not in this case be satisfied by the ship and
freight. The vessel put into port on the 311th of November,
and the repain weru commenced on the 17th of January.
The master bad not, it appeared, communicated with the
owners of the most valuable part of the cargo, consisting of
iron, which was consigned to the appellants, who were
traders at Hull. The distance between Sweden and Eng-
land did not appear, but the master had not, nor had he
even attempted, to communicate with the owners of the
cargo. The material question for the consideration of their
lot dships was whether it was not the duty of the master,
bahre apothccating the charter, either to have colic:ani-
cated, or attempted to communicate, with the owners of
the cargo. Where it was practicable it was the universal
rule of the master to communicate with the owners of tho
cargo. Upon the material facts of this case it did nut seem
that the master had performed his duty under the circum-
stances in which he was placed. The learned Judge ot the
Admiralty Court had said "The question of law is, does
the law require that the master should, under such circum-
stances, make communication to the owner of the cargo
in England, if indeed he knew who was the
owner. There is no evidence to show, from
the bill of lading or other circumstanci s, that the
toaster was aware in whom the property of the iron was. I
know of no authority which renders it imperatively neces-
sary that such a communication should be made; and I do
not perceive that the circumstances of this case pirtieularly
required it. So far as the authorities go in the ease ol the
Uratitudine," Lord Stowell said, and said truly, it was
exceedingly desirable that application should be made to
' the consignee of the cargo when practicable; but in no
case whatever, to my knowledge, has it ever been laid down
by this court that there was au absolute necessity of making
such communication. It may be expedient to do so for
various reasons; amongst others, to take away all suspicion
of fraudulent intention of those ;concerned in the hot-
, tomry bond. He should state that their lordships agreed
with the whole of the decision of the judge of the Admi-
ralty Court, with the exception of the point to which he
had thrilled attention. Their lordships were of opinion,
upon the material facts of this ease, that it was the
duty of the master either to communicate, or utt,mpt
to communicate, with the owner of the cargo. The
evidence did not show that he had done so. As-
suming, therefore, that the whole ease was before the
Court of Admiralty, their lordships were of opinion upon
this point the judgment of the court below could nut stand.
The esidence upon the pleadings had not been so distinct
as their lordships could have desired. The question of
ciente un ication, or the absence of communication, or whether
there had been an attempt at communication, had not been
so distinctly set out in the pleadings as their lordships
could have wished; and he was therefore desired to say that
if it were the wish of either the appellant or the respondent,
their lordships would remit the case to the Court of Admi-
ralty, in order that additional evidence might be obtained
upon the point to which he had adverted.
It was finally arranged, upon the application of Dr.
Juicier, who appeared for the respondents, that tho case
should be remitted to the Admiralty Court, and that fresh
affidavits should be prepared upon the point suggested by
the court.
Judgment accordingly.

COURT OF COMMON PLEAS.-YESTERDAY.
SIITIMII AT Nut Paws is MIDDLISEL SZI.JUI CHIEF JVBfICK

♦no ♦ COMMON

SCRUEDER V. CARDEN AND ANOTIIER.-ACTION AGAINST

THE SHEILISTS UP MIDDLESEX.
The plaintiff in this case, a German, is a drake in ivorT
carvings and other works of art, and the defendants are Sir
Robert W. Carden and Sir George E. lloilgkhison, who
were sued as sheriffs of Middlesex.

The plaintiff deposited with a Mr. Brooks, of Regent-
street, certain articles of carved ivory, which were subse-
quently seized by Mr. Slowman by virtue of a writ of lieri
facials against Mr. Brooks. The property was afterwards
returned to the plaintiff, who found that u group of (tags
carved in ivory, and forming the lid of a cup, was broken,
and it was fur the damage done to this lid that the present
action was brought.
Several witnesses were called fur the plaintiff, who esti-
mated the value of the article before it was broken at from
15t. or 201. to 301., and were of opinion that its present value
was scarcely anything.
Mr. Bramwell, on the part of the defendants, objected
that no evidence had been given to show that the defend-
ants or their officer had taken the goods and committed the
trespass, upon which the action was founded.
Mr. Serjt. Wilkins submitted that the defendants having
paid a sum of money into court, had admitted the trespass.
The Chief Justice, however, thought differently, and
nonsuited the plaintiff.
Mtttnii. v. 1)E/cit.—T/1Z NEW LAW OF EVIDENCE.

This was an action to recover the amount of an account
due upon transactions between the parties in the way of
their trade, that of lending horses and carriages for hire.
The case Came on for trial before Mr. Justice Cresawell, on
the Saturday before last; but the jury being unable to
agree were discharged, after having been leaked up for
nine hours without giving a verdict, and the matter there-
fore was now again brought forward. The real question
between the:parties was as to the payment of u sum of
111. 25., and upon this matter the evidence was very con-
tradictory.
The plaintiff swore positively that he never received the
money ; that the fact was, that he had given memoranda
for several small sums, and that subsequently he gave a re-
ceipt for the whole amount, 111. 25., and that the memo-
randa for the small sums were not returned. The wanes
produced his book to support his statement.
The jury, at the end of the plaintiff's MSC, left the court
for a few minutes.

The Chief Justice then said that if the evidence of the
defendant's wife was tendered to-day, as had been the
case on the former occasion, he should reject it.
Mr. Warren mentioned that the Cuurt of Exchequer had
decided that the evidence of a wife was admissible under
the ■ew law.

The Chief Justice said he would see the Chief Baron
upon the subject, and having done so, he returned into
court, and said that Mr. Warren was not so accurate =
usual, for the Court of Exchequer held that such evidence
was inadmissible.

Mr. Collier said that the wife had been examined upon
the former trial, anu the fact was, that the truth of tbs
case eould not be got at if she were not esamiued.
The Chief Justice might have said that a wife ought b
be examined if he had been in another place, where he
had attended too many years for his health and comfort (the
House of Commons), but here he must say otherwise. The
wife was frequently the most important person to be exa-
mined—for instance, to prove an alibi upon a charge fur an
offence committed in the middle of the night.
Mr. Serjeant Byles said that he would not object to she
wife being examined.
The Chief Justice—The difficulty was that the ruling in
this case must govern all others during the present sitting.
If a wife was not a competent witness, it would be very
unfair for counsel to make observations in any case where
the wife was not called, and followiug this case say that
no objection would be made to her being examined ; fur in
many cases a man would rather sacrifice the amount in dis-
pute than pat his wife into the witness-box.
Mr. Serjeant Byles —lf his lordship expressed any opinion
as to the course he ought to adopt, he would follow it.
The Chief Justice said he should express no opinion.
He had consulted with his learned brothers, and they had
considered the matter as well as they could without its being
argued. They thought that the act was intended to ex-
clude the evidence of a wife ; and he believed that the ma-
jority of the judges were of the same opinion. The learned
serjeant must consider the interest of hie client, of course,
as the paramount one ; but there was also the interest of
the public, which the bar was distinguished for con-
sidering.
Mr. Serjeant Bytes would be glad to adopt the course
which was mast convenient.

The Chief Justice—Don t suppose that I am courting
you to take any particular course ; take your own course.
Mr. Serjeant Byles—l will take my own coarse in the
present case. I withdraw all objection.
Mr. Collier then addressed the jury for the defence, and
proceeded to call evidence in support of his case.
Mrs. Sophia Dear, the defendant's wife, was the first wit-
ness called, and she stated positively that un the 9th April
she paid the plaintiff the 111. 2s. in question, and she pro-
duced a book in which she had entered the amount. Seve-
ral other witnesses were also called upon the same side.
The jury retired to consider the matter shortly after four
o'clock, but tip to a late hour last night they had not re-
turned a verdict, and it was understood that there was no
likelihood of their arriving at a unanimous opinion.