The Express.
London, England, 1846-12-19 00:00:00

isestiend be debated. Tour our deputation replied Mut Vary,
01041....... q • willing that the legal question should be made the Mao and
—aawtte f the conference, and be disposed of before any ether
But they desired to be Wormed, whether,
(o°aet was avowal of, Mr. O'Connell intended that the con.
'd
y tYi Pd determine the other questiune between the association
liro'„:lirad.col—Mr. O'Connell replied, that, if the legal micetion
'.,' Oa ~tned agaimit the pecedere, they would have no right to
1030"`"ther as they could not be members. of the as-ociation at all;
trite r( mg the time bad not mime, and might never come, to
▪ "--o,„,,,°T—our deputation replied that they willingly concerted
rsle„,„•---,ssunts • but they were manacled to ascertain distinctly.
bigh. 'teal question were decided in their favour, Mr.'
In 'that case, widing that the I:3uturruce should
'te caaider the other questions between itie Mr. O'Con-
rarapied, dokheinle location.
deputationetit the ceafarnce
• ttaloPinell, thatl the majority of the seceders had
Eigerrat association on grounds quite apart from the question of phy.
, and that settling that queetion would not being them back ;
egnre a general reconciliation, it was necessary to put in
r- t"- vegetate, that had „reduced secession. Ilr. O'Donnell
ebe had made up bin mind on the subject, and emit de-
mesa wi question now or hereafter, till the tepid ems sees eet
lett nth; whatever in the conference. 1114.%.
d then reminded Mr. O'Cotuwill that in his speeds me
providing the conference, he lout stated milk eke
pat it should Fettle " the points of difference hetween
0,0,0 "oared us that hen
ad not gaud r.o, but directly n
eeds.
ratkra then again sured Mr. 0 Donnell that the
Tao= rem. and willing to go back to the emaciation, and west
"re aIY in due and willing subordination to his leadership, It
earre
eauld show them any way in which the necessary reforms could
wowed. gut, without arrangements as to the future policy of the ,
wedetion, it was obvimet horlemoxto expeci t such a mammal:a ,1
the reasons already net . Ir. onnel answered, that if the I
were settled, such seceder% as returned to the Assoc I
asiin7in their placee in the bo
ny, propose any reforms that seemed !
ryy your deputation, in reply, en to eouvince Mr.
Katie *that such unsettled questions would be like:y to lead to new
Rape a new eecceeiont whereas a preliminary set-
enable the united epeal body to turn at once
. Mr. O'Connell again declined any
dkarwklun."ln...eee act.ica°flthwPeremorwtoo.r.lidthe ...metre
exsipt on the legal. question. Your deputation then in.
ate
famed Mr. O'Connell that a statement nf the cons
which It seemed
the conference had been
dateable to bring
under the consideration of
...rand. Mr. 0 (\morn refused to hear er receive it, as he had
keel o
expensed his tletermination to confer upon no question but
the ne. The deputation then withdrew.
TILE REPEAL SECESSION.
The following important communications appear in the
Erening Freeman of this day :
Merrion-equare. Dec.l7.
s'g,—lf I had been aware that the conversation which took place
cay bow,. between me and Messrs. IMify, and others, would have
is
teen Ina& the subject of a newspaper protoco I should have taken
to have had some of your reportere present to give the entire con.
versalke. I confess myself taken by surprise. Ido not mean now
ea cuter into ..ay !a paper eontroversy, and therefore I omit all cen-
sure of the many inaectiraties in the report. There is, howevert one
which I rave a right to complain of-1 mean the suppteasion of the
eowerful itheitrataou I give of the imminent peril of a prosecution for
Lei umese, which the members of the association WOuld incur if they
Overeat all to admit the physical force principle. Why washat sup.
pressed It is, perhapa, easy to conjecture. With respect to the
conversation itself, I do not think anything could be more absurd than
the notion of canvassing the details of the working of the association
alts.* the re-admisuon of the decedent if the law be as I state it to be--
namely, that such re-ailmisiiion would cons'ert the association into an
illegal, if not a treasonable, society. All 1 want and requires, that
the law upon this point should be ascertained, in the must authentic
MOOMOOIC manner. Why do the Seceders object to ascertaining the
he upon so vitally important a point! Does not their throwing
difficulties in the way of ouch ascertainment prove demonstrathoug httively
their own consciousness of being in the wrong ? If they
Memselvea right, they ought to be too happy to have that matter
amassed ; as everything else could be amicably arranged after-
- wank. I call upon the Irish people to remember that I, tut a lawyer
nr many, many years shunting, pledge myself to this legal opinion
tut if we were to re-adniit the Seceders, reser
should
convertvi
an
ponies of the physical force principle, we
the weaciation into un illegal weedily. I say to the
Sexclers—settle this point first, and I will settle all other
reasonable matters with you afterwards. 1 say reason-
able, because I perceive the fourth article in the instructions of
the Seceders is framed in such a manner as, in my mind, to imply a
principle that I can never accede to. It is drawn up certainty in a
very caution , artful, and dexterous manner, to cone: mil its real na-
uue; but it is essentially of so creeillesa a charac a
title, t
the ert would
rather perish than consent to its being made of tcia-
hoe. The seceders may be quite certain that I never will
listen to a proposal to prevent the shield of the association
being thrown over the Catholic people of Ireland, when
my attack is openly, insidiously directly or indirectly made
on the doctrine, discipline, or free education of the members of the
Catholic Church, and whilst I am perfectly ready to give the same
protection to the Protestants, Presbyterians, and Dissenters, I hold in
print scorn that goatees indifferentism. which I deem more injurious
to Christianity than the moat open and direct attack.—l am, sir,
your faithful servant, DANIEL O'CONNELL.
Cahirmoyle, Ike. IS.
My dear Mr. O'Connell—The allusions to me which you have
Bought proper to introduce into your published letter to Mr.
Ray, compel me to coot into explanations which 1 would
Is have deferred until a more appropriate oppottunity.
It is quite true that your distinguished Mend Dr. Miley,
foe whom I entertain very sincere esteeiu, dia me the high honour to
mew from Dublin to oihirmoyle for the purpose of ascettaining
whether I am dieposed to facilitate an uccommodation of the unhappy
differences which have prevailed amongst repeaters since the acces-
sion of the Whigs to power. lam not aware that I left him under
the impression that lam averse to such an accoinniotation. I
tinned
It to hint that I propueed to submit to you a statement of the
etc-Minolta upon which I should feel myself disposed to return to '
Conciliation Ilall, as well as to recommend others to co-operate with
the Repeal Association. It seemed to me that a written communi-
canoe would be no lees liable to give rise to miempresentation than a
personal interview. 'Sot having yet hail an opportunity of ascer-
taining the seri timente of the Seceders" with autticient authority
to enable me to speak on their behalf an well as for myself, I
shall not now be tempted into a premature statement of our views.
I may mention, however, that it is not my intention to enter into
discussions relative to the employment of physical force." More
than enough has been already said upon that subject. My propene'
will have reference to the policy which ought to be acted upon by the
Repeal association, and to the propriety of introducing such changes
into its mode of conducting businera, as will tend to increase ita moral
inftuence—to place it higher In public confidence, and to make it a
We efficacious in than it is at f
present for the recovery of a
domestic legislature for Ireland.-1 remain, veryfaithfully yours,
WILLIAM 8. O'Busx.
P.S. I hold myself at liberty to give publicity to this letter.
GOVERNMENT WORES.—ILI consequer.ce of the severity
of the weather, government has just issued an order to the
officers of the Board of Works, to allow half a day's wages to
every man entered fir employinent who shall present
self at the proper time, whether he shall work or not during
the day.
PRESENTMENT SFASIONS. Extraordinary presentment
sessions were held in Pilltown, c.iunty of Kilkenny,
on Monday last. Lord Duneannon, son of his excel-
lency the Earl of Besshorough, presided. This sessions,
elected to proceed under the Labour Rate Act, in preference
to Mr. Labouchere's letter. The sum of 17,0001. was pre-
seeted to form the earthworks of the Waterford and Limerick
Railway in the barony, the railway company undertaking to
purchase the line when completed, and to afford immediate
employment in its formation. The presentment of the ba-
ronies of East and West Offa, amounting to 16,0001., in
favour of the same railway, has just been approved of by
the Board of Works. The presentments made by East Offa
and Clanwilliam, will, it is probable, be also sanctioned, and
thus remunerative employment be offered to every destitute
person in the five baronies.
STATE OF THE COUNTRY.—The following extracts front
the papers of to-day will enable your readers to form some
opinion of the state of the country :—" Six farmers near
Baggotstown Bruff, were robbed of money and of fire-arms,
on Suuday night last, by a gang of Whiteboys, who broke
the windows wherever they failed in effecting their nefarious I
object.—John Sheehan, of Kilderry, got employment re-
cently,
says the Limerick Chronicle, on the public works,
under a relief ticket, and the first purchase this destitute man
made of his money (205.), was a fireloek.—Kerry is the only
county in the south where the peasantry are not providing
them-elves with fire-arms. In one shop alone inClonmel 97
stand of firearms were purchased by the peasantry one day last
week.—J. Brown, Esq., of Clonboy,has bUCCerde•d, says the
above-named paper, in obtaining a good part of his rents in
the O'Brien 's bridge district, by the manly effort he made to
see ejectment served upon the defaulters, most of whom
only then came forward and paid their landlord. Mr. Brown
had given security for 3001. to buy meal for the tenants last
summer, which they have had the ingratitude to decline
paying, even by instalments, until assured of his determina-
tion to enforce it. The tenants are able, but not willing, to
do justice.—The sum of 2,0001. was lodged in the Limerick
savings bank on Monday, chiefly by middle.class farmers.
—During the last six days 297 tons of flour, wholemeal,
and oatmeal, arrived in Limerick city, from Cahir and Clon-
mel, for the use of millers and retail traders. The cars con-
taining provisions were escorted as far as Tipperary by
military and police.—As Mr. Jackson's cars were proceeding
a few days since from Roscrea to Kilkenny for Indi
of
an meal,
the drivers were stopped on the road, and robbed their
travelling charges.—Arrangements are making for accom-
modation for 400 additional paupers in the Limerick
workhouse, which is now over Riled. Lord Clancarthy
has promised to give 10s. to every 20s. contributed in hut
district (Ballinasloe) to the poor relief fund. A Relief
Committee, for the purpose of aiding the unemployed
poor, was formed in Cestlebar, Mayo, on Thursday
last. The Earl of Lucan has promised to give 501. in aid of
the funds against every 1001. subscribed by the inhabitants.
The sum of 2791. 16s. was subscribed in all. The coroner
for North Mayo has held inquests on two bodies during the
past week ; in each case, after medical examination, it was
found that death was caused by destitution. Fever, says
the Mayo Constitution, is making fearful ravages in Castle-
placedPirovisions to the amount of 5001. have been
at the disposal of the Rev. Mr. Pounden,
of Mayo, for the relief of the poor of that county.
This relief was we believe, contributed by some charitable
Englishmen. One English gentleman has given a contributioa
of 400/. towards the construction °fa pier at Dugurt, Wendel'
Achil, where the Rev. Mr. Nangle has founded a Protestant'
colony. The Galway Vindicator intimates that the pea- I
gantry of that county are about to return to their old cue
tom, and try the potato once more. That journal says, "It
is the general opinion that, if the people had any means
'of supporting themselves while engaged in the operation, I
or could procure a sufficiency of seed, the potato would
main be very generally cultivated for the next harvest."
The same authority adds:—" Their mark is that it is the
only natural winter they have known for the last sixteen or
seventeen years, and that there is no doubt, if sufficient
seed could be had, but that there would be an excellent'
potato crop the next harvest. We understand that there is
a large quantity of potatoes still left in the ground undug in
almost every district; the people not thinking it worth their
while hitherto to undergo the labour of digging them out.
regarding them as quite unfit for human consumption, and
of but little use for any other purpose. We learn, howeer,
that it is their intention now, if they can, to turn them to
me as seed, and to try their luck once more.—ln another
article it proposes .that the Government should give the rye
seed they intend importing into Ireland " on loan, sr to be
repaid in kind," as the people and small farmers are totally
linable to purchase it !
A Lucke Exeitaeoe.—We, says the Tipperary Free
Press, have been just told that a man who sold a pig in this
market was robbed of two pounds by two armed men, on
Monday last, on the Carrick road ; the fellows, not content,
ippe 1, m also of a new coat. The poor man remon-
ata d, d a dhe would die with the cold, when the rob-
ber threw him his own old coat in exchange, with which he
sorrowfully trudged off; and on reachin .t home, found
the
fif-
teen golden sovereigns carefully wrapped up in one of
old pockets.
THE CORPORATION or CORR have received, since the
commencement of the frost, upwards of 40/. for ice, which

they sold as it accumulated upon " the Lough "at Cork,
which forms a portion of the City property.
AN ET-(EtttO POE THE CAS/HUME LOCK-VP.—An in-
quest was held in Kilkenny a few days since on the body of
a poor old man found wandering about the streets. fhe
police, perceiving his destitute condition, took him to the
lock-up, where he died during the night.—" We find that
the said Samuel Prince's death was caused by the combined
influences of old age, exhaustion from want of food, and cold,
on the night before being relieved by the police. We are
also of opinion that his death was hastened by the extreme
coldness of the cell in which he was pliced." The cell in
question, says the Kilkenny paper, is a vaulted chamber, or
rather dungeon, flagged, and without any furniture or ac-
commodation, except a heap of straw, whtle the wind seems
to be freely Admitted through the chinks of the iron window
shutters. Even a healthy, vigorous man confined in it on
such a night as that of last Saturday would; in all probability,
have run the risk of his life.

lands upon the rolls of the manor. The bill was filed
against the defendant for sped& performance of the agree-
ment, and in July, 1845, a &twee was made, declaring
the plaintiff entitled to specific performance, and referring it
to the Master to settle the terms of the lease. The master,
at the instance of the p'aintiff, inserted a covenant to the
effect, that " the defendant for himself, his executors, admi-
nistrators, and assigns, covenanted with the plaintiff, his
executors, &c., in pursuance of the agreement, and for the
purr*e of binding the reversion in the premises, but not so
as to hind the defendant, that the defendant should, at the
expiration of the term of 21 years, thereby granted at his
own expense, procure a license to demise, and in pursuance
of such license, at the joint expense of the plaintiff and de-
fendant, grant a renewed lease of the premises to the plain-
tiff; and, at the expiration of such second term, would pro-
cure another license and grant a second renewed term at the
like expense and under the like rent and covenants, except
the covenant for renewal ; provided always that the last-
mentioned covenant was meant only to bind the reversion,
and that the defendant, his executors, &c., should be liable
to an action for damages for breach of the covenant, as owner
or owners of the said reversion, but not further or otherwise."
The defendant excepted to the master's finding, and con-
tended that he, as a bare trustee, and having no beneficial
interest in the premises, was not bound to enter into any
covenant besides the usual trustee's covenant, viz., that he
had not encumbered.—Mr. Humphrey argued for the excep-
tion ; and Mr. Hominy and Mr. Nevinson contri.
Sir J. Wigram, V.C. : I must be distinctly understood in
this case as not giving ar.y opinion how I should have dealt
with the case, if the plaintiff had desired to be discharged
from his contract, rather than not have this covenant; that
is, if Frampton had been the plaintiff, declining to enter
into the covenant, and Worley, as defendant, had asked
to be discharged unless the covenant were enter. d into.
But Worley does not ask to be discharged, hut is willing to
rely upon his equitable title, if he shall not be entitled to
this covenant. The question is whether I can compel a bare
trustee to enter into this covenant. Why he declines is a
question I shall not enter into. The covenant appears to be
as harmless as a covenant can be ; for the fine is only seven
shillings and the rent reserved in the lease is 101. a year :
and, beyond all dispute. the covenant binds the land merely
and will not hurt the trustee. But it appears to 1116 to be
the established practice not to compel a trustee to enter into
any but the usual covenants, that is, that he has done no
act, personally, to encumber. The case of " Pager. Broom"
(3 Bear. 36), is clearly distinguishable from this case, as
are also the other cases referred to.—The exception was
allowed, and it was referred back to the master to review his
finding.

and the learned judge intimated Vie opinion of the court
that the costa must be paid out of the estate.

COURT OF EXCHEQUER.
Nat PRlM—Brine sir F. Para, Cats and a London Special Jury.
GOLDICUTT e. BF.AOIN.—BREACH or Puollllo3 OF MAR-
RIAGE.—A SCENE BETD ERN TILE LEARNED JUDGE AND
COUNIDIL.—This was an action for Breach of promise of mar-
riage, and was tried before the Lord Chief Baron at Guild-
hall, during the after sittings of last Hilary Term. It may
be recollected that doting the trial Mr. Serjeaat Talfourd,
the defendant's counsel, expressed the readiness of his client
to marry the plaintiff even then ; and relied upon that offer,
which was, however, refused, as the principal ground of
defence.—A verdict was returned for 3001., anti a rule nisi
for a new trial was suttee luently granted upon theground of
surprise. That rule was :wade tiolute upon the usual terms,
that the defendant should pay costs of the first trial, and
having complied with that requisite, the case was about to
be called on yesterday evening, about half-past 4 o'clock, it
being second in the list, and the previous case having been
disposed of, when Mr. Cockburn, Q.C. (with whom was
Mr. Corry) for the defendant, asked his lordship whether he
would take it up at that advanced hour.
The Lord Chief Baron said he would not, and inquired
whether it was really the intention of the parties to have that
case tried over again.
Mr. Cockburn stated it was, and the case would occupy a
considerable time, as he should have to examine witnesses.
The Lord Chief Baron said, ho could not imagine how the
defendant could be so insane as to examine witnesses it a
case of that description. lie had a perfect recollection of
the grounds upon which the rule for the new trial was
granted, and he thought he was correct in raying that it was
upon the distinct understanding that the case should not be
tried again, but that the parties might have time to have an
amicable arrangement effected between them.
Mr. Cockburn said his client had offered to do all in his
power—he offered to marry the plaintiff, and certainly it
should not be expected lie could do more. Miss Goldicutt
made an affidavit stating that she reused to marry the de-
fendant, and it was afterwards the rule for a new trial was
made absolute.
The Lord Chief Baron: The court, when granting the
role, understood that the case would not be tried again, and
taking all the circumstances into account, it seems little
abort of insanity for the defendant to proceed with this
second trial now, and examine witnesses after the verdict
already given.
Mr. Cockburn apprehended that, after that intimation
from his lordship, the defendant would have but slender
chances of success; however, lie (Mr. C.) could not resist
saying, with the most profound respect. that he felt it
his duty there publicly to pretest against the practice of any
judge prejudging a ease, especially in the presence and hear-
ing of the jury whose duty it was to try it.
The Lord Chief Baron denied that he had said anything
prejudging the cage ; and as to the jury being present, they
were not then in court, as they had been intimated the case
would not be taken that evening, and they had gone away.
Mr. Cockburn said it wax probable every one of them was
still in court, it being but a few minutes since they were told
the case would not be proceeded with.
The Lord Chief Baron : Whether that be so or not, I am
quite sure that none of them will feel any prejudice against
the defendant in consequence of the observations which have
fallen from me. Asy thing 1 have said upon the subject was
altogether with reference to the prudence of the course pro-
posed to be adopted by the defendant.
Mr. Cockburn repeated his apprehension that the observa-
tions which had fallen from the bench would very much pre-
judice the defendant.
Mr. Watson, Q.C. (with whom was Mr. Lush), for the
plaintiff, interposed, and said he was content to take a verdict
now for the same sum awarded by the last jury. In all
probability the mat jury would give 1,000/.
Mr. Cockburn : Perhaps not a farthing.
After some further conversation the subject dropped, and
the court having then adjourned, upon the case being
called on this morning, Mr. Coskburn moved his lordship to
have the trial postponed, upon the ground of the unavoidable
absence of a material witness.
The Lord Chief Baron having ascertained that there was
no affidavit substantiating the grounds alleged for the neces-
sity of postponing the trial, said he could nut grant the ap-
plication.
Mr. Cockburn To be candid with your lordship, I must
state that the absence of the witness is not the only reason why
I think my client should not now proceei with this trial. The
principal—inJetal, the only important reason is, that the
observations which fell front your lordship last evening with
r,spect to the " insanity " of the course he was about to take
in examining witnesses are calcula to prejudice him so
much, that I think it would be moat advisable to have the
trial postponed for the present.
The Lord Chief Baron said, he perfectly recollected every-
thing he had said, and he now repeated all he then stated,
except he had made any observation personally offensive to
the learned counsel, and if lie had he could only say iodic
Non fail.
Mr. Cockburn did not complain personally of any observe
tiona which the learned judge hail made, but was con-
vinced that any remarks, especially made so emphatically as
those with reference to his client, must have considerable
weight, and were therefore calculated to prejudice him in
, the minds of the jury.
The Lord Chief Baron : I must say you really tery much
under-rate the intelligence of a London special jury. if you
suppose that any observation, such as I have made with
respect to the technicalities of the conduct of a cause, could
prejudice their minds against either of the parties, or pro-
, duce any improper influence upon them in dctetniining the
case upon its merits.
The Foreman of the jury here addressed the court with
much emphasis, and said it was most discreditable fur the
learned counsel to insinuate that a British special jury could
be influenced in giving their venial by any such observations
as bad fallen from the learned judge.
Mr. Cockburn then raid he thought under all the circum-
stances he best consulted the interests of his client, the pro-
per administration of justice, and his own feelings and judg-
ment, by withdrawing from the conduct of the case. (The
learned gentleman then bowed to the bench and withdrew
from the court, causing a general sensation.)
The case was then proceeded with in the absence of tho
defendant's counsel. The facts which have been already
before the public, are not of sufficient interest to call for a
detailed report of them now. The plaintiff, who is daughter
' of Captain Goldicutt, a retired officer at present in the
employment of Messrs. Forbes and do., in the city of
Loudon, was govennaa to the family of Mr. Plympton, a
stock-broker residing at St. John's-wood. While in Mr.
Plympton's employment the plaintiff became acquainted with
the defendant, who was originally a clerk in his service,
but subsequently, on realizing some money, became a stock-
broker. lie made proposals of marriage which were ac-
e. pted, but the old proverb—" The roam of true love never
dual run smosth," was woefully realised, and, owing to
some dispute, described as a " lover's quarrell," the defend-
ant refused to fulfil his engagements. In a very few days
afterwards the present action was commenced.
The Lord Chief Baron summed up emphatically in favour
of the defendant, but the jury without much hesitation
found a verdict for the plaintiff, with 4001. damages.