The Express.
London, England, 1851-11-08 00:00:00

THE EXPRESS, SATURDAY EVENING, NOVEMBER 8, 1851.

ST. ALB.I.NS BRIBERY COMMISSION.

The commissioners continued their sittings yester-
day morning, at St. A4bans. The court was again crowded;
but on this occasion the audience were all witnesses. Sum-
monses had been issued on the previous evening to all the
voters referred to in the evidence of Mr. Edwards and Mr.
Blagg ; and nearly all those summoned were early in at-
tendance, awaiting their turn to be called upon. The pre-
liminary evidence hail, however, not yet been completed.
A Mr. Aehwell wan the first called.
Mr. Edwards said that that gentleman was absent in con-
sequence of the death of a son. Mr. Ashwell had been the
co-agent with him (Mr. Edward.) in the Raphael election ;
but he was only what was called the " legal blind," and
could tell the commissioners nothing which he (Mr. Ed-
ward.) was not prepared to communicate.
Some conversation too': place between the commissioners,
Mr. Edwards, Mr. Gresham, Mr. Low, and other electors,
in reference to the liras which had been elven in by Ed-
wards of the bribed voters. Several persons present cons
plained that they had been improperly included in the lists
of those who had received money (rem Edward, at the
Raphael election ; and their corrections, confirmed by Ed-
wards, were admitted. It appeared that Edwards nod
Blagg had, on the previous evening, prepared an accurate
annotation of the Raphael and Repton list ; and this was
now submittcal, and afterward, handed in.
Mr. Thomas Harris was examined. Was an agent to
Mr. Willis at the 1817 election, Wee the party through
whose hand* the money passed. The first 31101. was drawn
out of the bank by witnese's and Mr. Gibbs's (a printer)
joint cheque from the hank. Got altogether for Mr.
661 M. 'tad seen Mr. Wilke when he came down
for his cane:keg and about that time received the first in
'raiment of 2501. But there was no conversation with Mr.
Wilke at that or any other time about the money. The
second sum given to witisesa was 2.i01. The third sum was
1301. There wee besides 10/. given to witness at the com-
mencement by Mr. Wilks, re, a personal present. The
money was spent in various ways. There was a band for
three weeks; printing, and flags, and other necessities.
l'art of the money was spent in loritiery. Witness did nut
bribe more than ax or seven persons directly. Each man
gut 1/. The custom was, that when a man got o/. he voted for
the giver as a matter of course. Very few forfeited their
words. There never war much haggling to the matter. It was
always of importance to be first in the field, in order tee
secure the voters. It was true that Edwards secured Mr.
Raphael's election, although Mr. Raphael was last in the
field. But Edwards was a greater adept than witness in
that sort of thing; and the man who gave most would
always be returuccl. Knew George Perry. George Perry
had told witness at the election that Mr. Wilke would lose
his chance unless he " came out." Witness in CULtSelllndlee
gave Perry 751. Perry was to return directly and state
the names of those he had bribed. Never saw Perry
until thg election VOA over. (Laughter.) Got the
list then. Perry's own name was first fur 10!.
Vass was second for 101. 'I hen there were several
dawn fur 51. each, The whole 711. was accounted
for, but witness did not moll, et :el the names. Witness
was surprised at seeing Perry and down for 101. each.
Did not recollect that he mode any remark. lied expected
that he would have got l) extra voters, at the rate of 51.
apiece. Perry had promise,: that, but did not get 15 extra.
Never expected that Perry would have find himself or
Vass. The election was last, and that .51. was so much
lost, of course.
Mr. l'erry (from the body of the couit)-I gave him 5/.
back. (Laughter.)
Witness-Believes he did get 51. back. Was brother-in-
law of Edwards. Usually acted with Edwards, but had
opposed him in 1817. Mr. Gibbs did nothing in
the way of bribery. Mr. Perry and Mr. Webster
dad the whole bribery with witness. Had given to Geo.
Ilarris, an apprentice of Mr. Lewis, the druggist, 71. Harris
promised his master's vote, but it was not obtained, and it
turned out that Mr. Lewis had known nothing of the tram-
action. Mr. Willis polled 230 votes. Must of those were
unbought. They were not generally of the higher class;
they were of all classes. No money was spent for Mr. Willa
which did nut pass through witnesa's hauda, except the
hustings expenses and Mr. Wilks's tavern bill. Mr. Wilks's
voters were not made up from any particular party. It was
an affair of money generally. But in Mr. Welka's care he
got voters unbought because he was personally popular in
the town.
Mr. Webster was called-lie had received 501. from Mr.
Harris to bribe for Mr. Willis. He had spent that money
in bribery.
Mr. George Perry was called-Had heard the evidence
now delivered by Mr. Harris. It was true that he had re-
ceived 751. from Harris. Had made no agreement for 16
voters. Only recollected having bought 11. The under-
standing was that he was to get as many as he could. Had
expended 701. Gave, in several cases, 51. for votes. Gave
some money for treating. Kept a little for himself. It
was more than 21.; it was not so much as 101. Had not
put his name down for 101. Spent a good deal in treating.
W. was the least given to any man. Vass got 101., but that
was not for voting. Vass was to bring up somebody
witness did not know. (Laughter.) Perhaps-probably-
witness put 51. clear into his oak pocket. (Laughter.) But
did not consider that that had been for his vote. He did
vote for Wilke-certainly.
Mr. Vass was called. was apparently a labouring
man.]-Knew the Int wetness. Received 101. from him at
'Willis' election. Gave 11. to a man named Willoughby.
Put the rest in his own pocket. It went iu treating and
exgnses.
r. Bailly was called.-Took part in the election of 1847.
Was on Mr. Craven's committee. Could state the money
given to different parties. Mr. Giresun was agent to Mr.
Craven. Mr. Gibson sent for witness and told him that there
were 20 gentlemen to form Mr. Craven's committee at the rate
of 20!. each. Mr. Gibson asked witness to join. Replied
that he was employed on the County Press, at that time
the conservative paper, and could not give an answer at
once. At the time witness fancied that there was to be no
opposition. Mr. Gibson told witness that neither Edwards
nor Illagg would take part in the election. Understood
that Edwards and Blagec hail coalesced at Lord Lietowers
and Bond Cabbell's elections; and that, at the election of
the latter, voters hail gone for as many shillings as they
usually got pounds. lied heard that one or Mr. Craven's
committee got 1001. Mr. Vass had told him so. Had
heard also that Mr. Vass made over a hundred pounds.
The party who got the 1001. had been named by Mr.
George Bennett. Witness had agreed to act on Mr.
Craven's committee. Was to have got 201., but never did
get it. Had, as one of the committee, bribed votes. Had
paid one sovereign in direct paying to a man. Besides
this, had 0/. That went in treating and expenses. Mr.
' Gibson was Mr. Craven's agent, but the money aunts
' through Mr. Vass. Mr. Gibson was a banker and solicitor.
Mr. Vats was recalled. Had received 3001., as one of
Mr. Craven's committee; and had spent that. Had never
told Drill y that one member of the committee had got 1001.
for himself. Had spent the 3001. nearly altogether en bead-
money.
Mr. Dailly-The name ho told me was Mr. Thomas
Richardson.

A persons ..._
Mr. Vase—That is a false statement—not the first of his. sheltered their corruption under the plea of " services." A
Mr. Bailly—Will the commissioners call Mr. Bennett and publican bed received 5/. from Edwards. "Was hat for
inquire your vote ?" " No, for my services." " What were your
Mr. Vass—Had spent 269/. in head money. The average services ?" " I gave the voters bread and cheese." " Was
le each voter was 101. Part was for votes ; part for see. your bread and cheese worth M." " No." "What was it
view The 301. odd witness put in his own pocket, and worth-10s. ?" " About 10a." " And what did you do for
Miry pos him afterwards 20/., making 501. for himself. the 4/. 10s. ?" I advocated Mr. Bell's cause in my
net wee • Hoe. Was to have got 701., but, as it was a house." "Do you mean you made speeches for him ?"
ierdatesieggea got only the 501. " No, but I got all who came to my house on his side." One
widget was desired to complete the list of those he man was a printer, and he had received .51., and he main.
bail bribed. goi to hand it in at a future day. tamed this, 51. was fur printing the poll cards ; but the
Mr. Bum* los Billed—Mr. Vass hail never told him items being examined, it was ascertained that he had
direetly that Pliserion had got 100/. ; but a paper came charged 6d. a-piece for the cards. One man was a prise.
est at the t doe election calling Richardson " Magi*. fighter and a publican. lie had received 81. This, he in-
kier, Tem." owl speak* of him as " a 1001. man." Wit. silted, was for keeping the peace. " How did yes keep the
awe wee ot We as Vey, and VIII. said, " Well, I know peace ?" " Oh, I dues a bit of fighting now efelm. bat 1
I how Ow wow wet, sad can prove it." Witness under am never for quarrels ; and when I see a iserimees, I
geed kl7lm deli Vass meant that Richardson had re- go among 'em, and I generally find they En •
esived the KIK quart of beer better nor a punch or two." A very elli mace
Mr. Vass (the epodes' being put to him—Did Mr. Vase 60 years of age, appeared. He had become possessed era
receive 1001.?)—The 1111. witness had received we. made vote for the first time in his life, at the last election. "Did
up partly of 1001. which Richardson had given. Had you receive any money ?" " Yes." " Who gave it to yen r
never said that Mr. Richardson had received 1001. tor "No one gave it me. Edwards put it down on a elude end
himself, and did not believe Mr. Richardson had received it. I picked it up." " Was that for your vote ?" " flowed et
Mr. Richardson called-1s a magistrate of the borough. afterwards. But Edwards said nought about the vote. Ma
In the 1847 election had banded a cheque signed by Mr. said it was for a Christmas dinner." One man, an active
Craven to Yanks. election expenses. Was on Mr. Craven's tab-agent, acknowledged that in 1847 he got 101. frogs I&
committee. The 3001. given to Vass was given in three wards and 251. from /itr. Blagg. At the last election he pa
cheques of 1001. each. Hail not given the lOW. for head. only 111., and that was not from Edwards nor Buss bus
mosey. Had never said it was to be spent in that way. from Mr. Low, Sir It. Carden's agent. He reuseesahma
Witness most solemnly declared that for twenty yeses he all this was for services, and that he usually uSelltiria Mi.
had sever received one farthing at elections for either his Blagg. " Why did you desert Mr. Blagg last time r
vote or bit service& (Applause.) There were nearly 20 "Oh 'cause he and Ed'ards were going to shut up the
sea ow Kr. Craves's committee. They all, witness ex. borough. I didn't think that right. I wanted a little fun."
aloud, meshed sometbiag. He further said that the 101. given to hint by Edwards in
Hr. Daly weere-examined. Did not know that any of 1647 was given two months before the election began.
the head massy paid for Mr. Craven had ever been re. " What was that for ?" " Oh, to keep me quiet, of course.
turned. He thought I'd kick up a bother." A very well dressed
Kr. Harriss was re-examined—The manner in which voter was very precise. " I got 51. They said it was foe
Iwitness had spent money for bribery for Mr. Wilke was my ' writes,' but as I never was asked to do anything, I
carefully concealed from Mr. Willis himself. Mr. Wilke , thought it was for my vote, and so I voted. It's the first
had nothing to do with it. time I ever had a vote, and I don't want anything to do

with that sort of thing again. I don't want • vote." There
were many "most respectable" inhabitant' in the witness.
bor,and their inevitable revelations afforded immense mirth to
the poorer persons in the court. One gentleman, a " mas-
ter" tradesman, had received 151. from Edwards. But he
had not kept this all for himself—half of it went to his
brother-in-law, a retired and well-to-do professional r11:111.
Another individual, whose appearance betokened the re-
verse of poverty, confessed that he had received 51. " Did
you receive money in 1817 ?"—" No, because I hadn't a
vote then." A " musician " was examined. lie had re-
ceived 51. (ruin Edwards—for "services." What had
he done fur the muney "Copied three pieces of
music for Edwards." lie was pressed fur • can-
did answer, and even threatened ; but he reso-
lutely repeated that he had never imagined Edwards
had meant to buy his vote. "Ile believed Edwards had
given bins the money out of charity, for he was at the time
distressed; and Edwards had often assisted him before."
Aud, in the end, lie had not voted for Mr. Bell.
Altogether, about fifty persons were examined ; and they
one and all directly or indirectly confirmed the accounts given
previously by Edwards. Anion,: the fifty, all classes and
ranks, trades and callings, iu St. Albans, including even
policemen, were represented.
The court was adjourned to Tuesday next, when the fur-
ther examination of the inculpated voters will proceed. The
business of the cumini:siuu will probably be concluded on
Wednesday.

TIIE LATE FATAL STEAM-BOAT EXI'LO-

SION, NEAR BRISTOL.
The inquest on the body- of Wm. Eacott, one of the
suffcrers by the boiler explosion on board the st,am tug-
boat Lady Emily, which took place on Wednesday night,
at Conham, about four miles from Bristal, and of which an
account appeared ih yesterday's Nzpress, was com-
menced on 1 hunulay altvruoou, at the Bristol Royal
Infirmary, before the City Coroner, J. B. Grindon, Esq., and
a respectable jury.
Julio Meads, captain of the Pink barge, and James Col-
stun, Waterman, described the accident as seen from the
barge while towed by the steam-tug Lady Emily, coat-
= aided by the deceined.
Charles Brand, secretary to the carrying department of
the Kennet and Avon Canal, deposed that the Lady Emily
had beets built fur the canal company about seven maths
ago.
John Jones, engineer, of Bristol, described the construc-
tion of the boiler, and James Gallup the circumstances
under which the body of tho deceased was found floating on
the water.

.....
The investigation was resumed thin morning. The name
of one of the persons killed which was out ascertained yes.
terday is William Hopkins. lie was a native of Newport,
and 1.a.1 formerly been engaged for sonic years as engineer
on one of the French railways.
Francis Augustus lime, house surgeon of the Bristol In-
firmary, stated the injuries sustained by tiro deceased.
Capt. George Moms, It. N., deposal that he was the
Intik manager fur the Kennet and Avon Canal Company,
and had the charge of the carrting trade InAneen Bath and
Bristol. Knew the Lady lndy, steam-tug. She was
I about 20 tuns burthen, but about 6 tons by what was cal.ed
Custom-house measurement. Thu boiler was _ made

by Mr. Hughes, boiler maker, of Newport. It was
a tubular boiler, waggon shaped, with two tire-
plae:s at ow• end. Qu the inside at ouo part
were nicety tubes. Thera were stays every sic cr
eight inches. There were two safety valves—a secret one,
and a balance or lever valve with a spring at sue end to
indicate the pressure of steam. It would indicate to 70 lbs.
The boiler was proved by water at Newport to 120 lbs.
per square inch. She came from Newport in June by
her own steam, and being of novel principle, witness
took her round to Loudon, where she was seen by most
of the eminent engineers. The secret valve when she
was working would blow off the steam at 40 lbs. pressure.
The directiuns given by witness to the engineer were never
to exceed four miles per hour, or 8i lbs. per square inch
pressure. lle was an expel-kneed engineer, having driven
locomotives in France and upon the South Wales line.
Ile was steady and sober, and came strongly recom-
mended. Witness had heard of his once exceeding his
instructions by coming down the river rapidly, and the
dock master complained of it. Ile was then cautioned
nut to do so again. Witness had since seen the boiler,
ti.e pressure upon which must have been tremendous..
_The
♦hole •

wt•.ne top sean blown off. The secret valve IMII, weighing
130 or 1901b5., was propelled to a distance of 40 yards, as if
it had been a cannon-ball. The dome, which weighed 2
cwt., was thrown to a distance of 60 or 60 yards from the
water side. There was a piece of imn, 9 feet by 31, part of
the round top, propelled a distance ofso yards ; and another
piece, weighing 111 cwt., and measuring 6 feet by 1 feet,
was thrown a distance of 180 yards. he accident in wit-
ness's opinion, was caused by one of two causes—the water
in the boiler might have been allowed to get too low, so as
fur the heating surface to become red hot in some part, and
then if the engineer had turned on the injection cocks there
would have been produced what engineers culled vacuum,
and an explueive gun would have been generated more
powerful than gunpowder: or the engineer, in order to
come down at a high speed, might have fastened down the
valve and thus prevented the man who steered from seeing
the pressure.
The witness, in reply to a juror, said the boiler had lately
had a screw patch fastened on it by Mr. Payne of Tower-
bill. Heard no remark of its being weak. The screw patch
was to stop a small leak. The boiler was now as sound as
ever.

John l'aync, of Tower-hill, engineer, deposed to having
put on the screw patch. Thu boiler was a strung and suffi-
cient one. The screw patch iffectually repaired the leak.
The boiler was stronger than usual ter its size. It had
proper gauge cocks and safety salves. There was nothing
about it to indicate danger of its bursting.
Henry Hoskin, civil engineer, stated that he bad some
time ago had occasion to remonstrate with Hopkins, who
was a steady, sober, well-informed man, for fastening down
the safety valve.
Mary Eacott, widow of the deceased, deposed to visiting
her husband at the Infirmary• before he died. lie told her
that they had " too much steam power on all the way. Ho
kept praying to the Lord all the way, and hoping he should
get home sate." lle kept telling the engineer not to put so
much steam on. but it was of no use to speak about it.
li. W. Jells, check clerk at }Lanham lock, and George
Small, of Conham, also gave contirnuitory evidence.
There being no further evidence the coroner summed up,
remarking on the reckless conduct of the engineer. Had
he lived and been unable to clear himself he should have
recorded a verdict of manslaughter.
The jury then consulted for about five minutes and re-
turned a verdict " That the deceased died through the ex-
plosion of a boiler."

UNIVERSITY AND CLERICAL.
CAMBRIDGE, Nov. 7.—ST. JOHN'S COLLEGE.—
The undermentioned have been elected scholars of the

C. I. Hudson, I. White, Woodward, J. Ellis, Mitchell,
Chambers, Le Sueur, Matthews Ogden, Tiarks, 11. W.
Kirby, Latham, Horne, IL Day, Matthews,
Lcake, J. B. Pear-
son, H. Read, Millard.
Nnw PAOFESSOUSHIPS AT SYDNIT.—The Viee-Chaa-
calor has been requested to make it known that the autho-
rities of the Univer,ity of Sydney and of Sydney College,
New South Wales, propose "to appoint three professors,
viz., a classical professor, who is to be ex nflicio principal of
the college; a mathematical professor; and a professor of
chemistry and experimental philosophy, with salaries re-
spectively of 6001., 5001., and 3001. a year, and an additional
allowance to each of 1001. a year until proper residences be
provided; the salaries of these professors to commence from
the day of their landing in the colony." Candidates for
these several professorships are to send " their letters of
application and testimonial addressed to Sir J. F. W. Her-
schel, Bart., 32, Harley-street, Cavendish-square, London, on
or before Dec. 6, 18,51, writing outside their packets' Univer.
city College, Sydney.' " Printed papers relating to the
University of Sydney, and to the University College, Sid-
nm New South Wales, may be had on application to Mr.
W. Ellwood, University Marshal.
Ol,oaD, Nov. 7.—ln a congregation this day the
following degrees were conferred. Master of Arts—Edward
Pearson Arnold, Balliol (Fellow elect of All Souls) ; Rev.
Joseph Oreenßourne,Ezeter College ; Rev. Thomas Andrew
Walker, St. John's College. Bachelor of Arts—Edward
Deacon Oirdlestone, Wadham College; William Plows, St.
Mary Hall. Oriel College—This morning, Messrs. James,
Braithwaite, Peile, and Ueorge Howard Wilkinson, Com-
moners of Brasenose College, were elected scholars of Oriel
College.

MILITARY.
DEATH OP LIEUT.-GENERAL LLOYD.—Lieut.-
General Lloyd died on the 31st ult. at an advanced age. Re
entered the army in 1794 as a lieutenant, became a captain
in 179, a major in 1804, a lieut.-colonel in 1811, a colonel
in 182.5, a major-general in 1836, and a lieut.-general in
1846. The late Lieut.-General Lloyd served in Egypt in
1801 u a captain in the 20th regiment, for which he had
received the war medal.

(Weariest night's Ge.eth..)
WAR OPITCB, Nov. 7.
3rd Rept of P.—Lieut. C. Hood, to be apt by pur., vice Coble, who
rCAL
11th E.—Capt. A. H. L. Ween trees h..p. unat., to be apt., vice
Dackbern, who sorb., receiving the difference; Assist,eurg. N.
Hlrrans.a. tram Snit P., to be mirg., vice Chapman, prom.
cm the Waft
39th P.—Es. A. C. lisoneease to be lieut., by per., vice Ores, who
rota.
17th E—Cloartmemeteeerj. J. Bauxerae, to be querterread., vim
Morrow, dee.
6041 i P.—AretiL-surg.l).o. Hata, M.D., teem 16th P., to he mist.-
mug , Mee Heffernan, prom. in 11th P.
61 et V.—Agent-Assist -Sur. C. Y.ll. MILL= , ILD., to be aselet,
mug., Mee Ildscoe. dee.
6Sth I..—Lieut. R. Meossar. to be apt., by per., vice Parrett, who
rats.; Ens. Sir H. H. Euweaess, Bert., to be ileaL, by per., vice
Iteunsell.
Met P.—Stall Sorg. of the see. elms W. Annex to be marg., vice Held,
app. to the Its&
Pod West India Regt.—CoL.Serit. 0. A. 140011AAAD, from 7th P., to be
ens., without par., vice Bobiessa„ pewee.
lit. Hekaa Hallt.--CaPL H. Oen" from b.-p. unatc., to be apt.,
vice Bones, who exchge
HOSVITAIL STAFF...-otaff4enr. .1 rust am. A. SRAM. M.D., to be
dep. inspeet.-gen. of Davits's, vice It.. dee.; Wag. J. &
from the 11th F., to be stelaerp. Best eadro *A, 06•1511 M rim.;
Bug. P. Iton, M.D. from 91M P, to be staff.serg. of meow clam,
vice Ardis, app. tont* r.
Barem—Cept. A. H. L. Wrerr, of the Ilth F, to be major In the
army.

Katz, intelliaence.

EQUITY COURTS.—TESTERDAY.
SITIIWGS 1$ 1 INCOLIeSdIPN. bhPflll Tlll lIIO.Y I:II4.CILLOL
BUIGGS r. rwiNT.--CoxsTRUCTIox

This was an anpeal from a decree of Vice Chancellor
Knight Bruce. The suit was iustitu:ed for the administra-
tion of the personal estate and off et* of a testatrix, and for
other purposes. The Iron. Frances Harley by her will,
dated the 11th of May, 18.34, made several bequests of stuck
to various charities, and gave pecuniary legacies to many
persons, and among them the following, "'l'o Sarah Penny,
of Great Jainesotreet, Bedford-row, d,0001., and a like sum
of 3,0001. in addition, fur the trouble she will have iu act-
ing as my executrix ; " and after giving various annuities
and other charitable inquests and pi cuniary and specific
legacies' the testatrix concluded as follows, " And lastly, as
to all the rest, residue and remainder of my persottal estate
and effects, subject to and chargeable with the aforesaid
several legacit s and annuities, save and except such of them
a., are of a charitable nature, which I exclusively charge
upon such part of the said personal estate as by law I am
empowered to charge therewith, and not out of any part of
my lands, tenements, or hereilimments' I give and be-
queath the same unto the said Sarah Penns, of Great
James-street, Bedford-row, her executors, atitinistraturt,
and assigns, well knowing that she will make a good use,
and dispose of it in a manner in accordance with
my views and wishes ; anti I hereby appoint the said Sarah
Penny sole executrix of this my last will and testament,
revoking all former and other wills by me at any time
heretofore made, and declaring this alone to form my last
will and testament." Four papers were found in the tes-
tatrix's handwriting undated, unsigned, and unattested,
which were written after the tats: of the Wills Act, in which
she named various persons, and designated various charit-
able institutions as of of her bounty, and gave direc-
tions for money to be laid out on laud for charitable pur-
poses. The will and a codicil and one other papolwert ad-
mitted to proof, but these four papers were nut. The bill
was filed by Messrs. T. Briggs and T. C. Briggs, as caeca-
tors of the will of the Earl of Oxford, against Miss Penny,
and it submitted that by the Wills Act, the defendant being
I the executrix, was constituted a tiustee of all undispoised
of residue, on behalf of the next of kin, and that by virtue
of that statute she was precluded, as eseeutrix from claim-
ing any beneficial interest in any undispanet‘ of residue,
unless it appeared by the will that it was the testatrix's in-
tention that she should take beneficially, alleging that no
such jots Main appeared on the will ; but the vontritty was
evinced,by her having a legacy of 3,0001,and a further legacy
of 3,0001. expressly for her trouble us executrix ; and the
ia'cealia prayed that the defendant sitould be declared %
trustee of the residuary personal estate for and on behalf id
the plaintiff's, as executors of Lord Oxford. Ibis Honour
held that the defendant did nut take the residue benehei•
ally, but was a trustee for the next of kin of the testatrix ;
and a reference was directed to the Muster, to inquire and
state whether the views and wishes concerning the dispo-
sition of the residue which were mentioned in the will of
the testatrix were ever and when declared or made known
by her in and by any instrument, paper, or writing.
The Lord Chancellor, in giving judgment, said that on
general principles, and on the principles deduced from the
authorities hearing on the case, he concurred in the judg-
ment of the court below. Ile was of opinion that the words
of the bequest, "that she would make a good use of it,"
and dispose of the residue in a manner in accordance with
the views and wishes of the testatrix, excluded all option
or discretion. Ile was clearly of opinion in the tine eon-
struetion of the intention and on recugitised principles, that
the bequest was male in trust, and that the defendant did
not take a beneficial interest. The judgment of the court
below must therefore he affirmed.

131. TORR TIIR MA.TRR of rut 121.01.1.44
Scurr r. WIIHELEU.

I minm'Stt,Aaßndoreswh'es Chapel, both
tookcbhoutrhchforofh!mtum.lfe,arddhr
ehsiiitdtirre,gsn.
Recently a gentleman of high consideration in this town
had an interview with Mr. Jerninghain in London, and
obtained from him a solemn promise, on his honour, that
he would not remove the eld'ilren from the care of his wife
by stratagem. Mrs. Jerningliain's legal adviser was present
when this promise was wade. Piohably, as the child was
,ma
being brought up us a heretic, Mr. Jerninghain has bet a
i able to get a die/al:6u, even fur the breaelt of his
! honour, and thus to obtain possession of the boy by a dim-
! graceful stratagem. It appears that on Sunday laq, from
the inquiries that we haye made, while Mrs. Jeningham
was in St. Andrew's Chap. l, a stranger entered after the
service had commenced, and looking over towards Dr. lot-
' per's scat, where Mrs. Jerninglum hod rs c, idly sat before she
was accommodated with is ;dace for herself and children, turd
that he should like to Is put in the doctor's new. He then
excused himself from going there, probably from not seeing
his wife there, and amed to be put near where Mrs. Jet--
ningham sat. Ile then became acquainted with her posi-
tion in the chapel, which was near the south dour, sod ho
then tooka seat just inside the dour, where he remained till
the close of the service. In duo time Mrs. Jerningham
came out of church, hving followed, as she supposed, by
her children, but on looking for her little hroy he was
nowhere to be' found. She then went home, thinking that
he might have preceded her, but he had not come home;
and as nothing could be heard of him it was feared, and
but too truly feared, that the poor little fellow had been
seized and carried off. How it could have been done, as
the child was very much afraid of his fattier, it is ditlicult
to conceive; for, although Mr. Jeruingham hail out been
seen here for some year., there were many ut the chapel
who must have known Trim. Inquiries wire at once set on
foot, but nu information could be obtained of either the
child or anything co ttttt Tied with hint; and iu consequence
a placard, of which the following is a copy, was issued
throughout the three towns:
' . Lost or kidnapped from St. Andrew's Chapel door,
Plymouth, at the expiration of dirine service yesterday
morning, Adolphus Frederick Jerninglium, aged nine
years. lie is tall for his age, fair complex:on mid hair,
forge light grey eyes, fresh cukiur, was dressvil in a dark
cloth jacket, purple alpaca waistcoat, brown trousers,
purple and a hits neckerchief, and blue cloth cap, with a
baud of the souse colour. The buy, who left the pew with
his mother, was supposed to be fullowiost her home, and
was missed only a few puss (rum the chapel dour. Who-
ever can give any infirination of him will please to com-
municate with the mother of the child, at Nu. 4, Windsor-
villas, Plymouth; or the Ike. George Hallow, St. Andrew's
Chapelry, Plymouth.—Plyinouth Aug II 1541. .
.. -. ...

of Liege placard; were sent to Taunton to be posted
there, aud also to suuthsea, where Captain Jeniingluun,
the Itoyal Navy, who is a brother of Mr. Jerningliam, re-
sides. It is believed that the father of the-e chiidren must
get them supported by the cathulies, us he is not known to
have :my means for maintaining them hiniself, and theme
of the female children is one which especially calls tor the
interference of the legislature, as they may, under the pre-
sent state of the law, be (unlined for life in the convent.,
without their mother being able to obtain even a sight of
them. It is naturally to he supposed that a case of this
kind could not occur witt.uut it being followed up by the
closest inquiry. On Monday it was learned for certain that
Mr. Jerningliani had earned off the child ; that he had
come down trot town On Saturday, and had come over and
stayed ut a pubbe-house at Sumelnite,e. lle had also called
on several eathulies while he was here, some of whom knew
the manner in which he wits going to possess niniself of the
child. It is further stated that lie took hold of the child in
chapel, and that on getting outside he jumped into a
fly and drove elf to the public-house at Stunehouse.
After remaining there a short time he again
took a fly, paid a visit, it is said, to the
catholic priests, and then went to Colebrook, where ho
subsequently took the train and proreeded to London, first
writing a letter front Plyinpton to Mrs. Jerningham to in-
form her that he had get the child. Nothing further has
been heard of it; but it appears that Mr. J mukluk:tin has
got employment as a sort of " " in a Roman ca-
tholic and l'useyite vestment establishment, in Frith-street,
Soho, and that he made the sale of some of those, articles
to a gentleman in this neighbourhood a means of coming
down and adopting this extraordinary which
may gain him creed for its success, but will nut add much
to the credit of his church, or redound greatly to NS adroit.
tage as a man of feeling or a man of honour:"
Mr. Keane said that Mr. Jentiugham, as a member of
the Roman catholic church, was accustomed to hear his re-
ligion reviled, its customs vilified, and all that he held
most dear traduced. There were, however, some attacks
which even a Kaman catholic could not endure, and one of
• these was to he charged with having broken his wind of
honour, and the solemn pledge given to the agent of his
wile; and that in enter to do so lie bud applied fur a dis-
pensation. Mr. Jerninglamt had set out all the facts in his
affidavits, and to each and all the must explicit denial.
First, us to the dispenaution.
'the learned judge said that the first question was, had
he given his word of honour, and then whether lie had
broken it, as alleged ?
Mr. Keno—Mr. Jerningbam distinctly denied it. In
his affidavits Mr. Jerninghum said that in the month of
May Mr. Williams arranged with Mrs. Jerningliam. That
he (Mr. Jeruinglean) said promise that he would not take
any decided steps until after the kith of June. That sub-
sequently Mr. LIECIIIOre, the legal adviser of Mrs. Jeruing-
ham, and Mrs. Mangles, called, mid that he told him what
the pledge was. That he (Mr. Jerninghain) did wait until
after the 20th. That Mr. Williams did return to Plymouth
about the 15th; but that he (Mr. Jerninithant) received no
communication trout him whatsoever. That silt rhe had
taken the child away, he went to Mr. Willtains's house at
Chudleigh ; that the next day he dined with the boy, and
breakfasted at Mr. Williams's; and that Mr. Williams re-
ceived him. That after the publication of the libel he
wrote the following letter to him :
"69, Pall-mall, London, August 20, MI.
" My dear Sir,—Observing in the Plymouth paper of
Thursday last a long and venomous article ou the removal
of my boy from that town, I find it stated that I had
broken my word to "a gentleman of high consideration" at
Plymouth. As you ate in every way entitled to such
mention, and being the only person to whom I pledged my-
self, there can be no doubt that you are that gentleman
alluded to. Now, as you are aware that I merely pledged
myself to withhold proceedings until your return to Ply-
mouth by the 20th June, when you expected to hove been
able to effect an amicable arrangement on the subject,
and that you were unable to do so; further, that Mr. Lux-
more wrote to me on the '2 Ist of June, to say that he was
' desired by Mrs. Jerningham to say that under no circum-
stances would she ever voluntarily resign the custody of
the children,' I considered myself free to act as I have dune.
• Had you considered me to have acted otherwise than as an
I honourable man, you surely would not have behaved so
courteutuily to me as you did when I saw you at Chad-
leigh last Monday week. I must beg that you will take
some step to show the public that the editor of the Pi4e-
ntotstis and Droonporl Weekly Joumil was in error in the
statement he made. Unless be retracts it, I shall be com-
pelled to ptocecd against him.--!believe me, my deur sir,
yours very truly, "FREDX. J ERNI aanwa.
"J. Williams, Esq., Chuilleigh, Devon."

This was a hill instituted by Mrs. Mary Scott the widow
of Richard ►iggleston Scott, to set aside a deed of partner-
ship entered into between him and George Wheeler, on the
20th of May, 181 G. Scott was an assistant to the defendant
at that time, a surgeon, carrying on business at Bayswater.
The plaintiff lived next door to the defendant. She was
the widow of a Mr. Hutton, and was entitled under his
will to four houses in Bayswater. She was married to
Scott on the 20th of March, 1810, and nu the 2nd of April
an agreement of partnership was entered into between
Scott and Wheeler, which was carried out by the deed of
the 20th of May, and by which Scott was to give to Wheeler
1,500/., a moiety to be paid in 12 months, and the remainder
in 12 months afterwards, and which was secured by
mortgage on the four houses belonging to Mr. Scott. Scott
died on the 19th July, 1846, at Brighton. For the plaintiff
it was alleged that Scott was of weak mind, arising front
habits of intemperance, he being in the habit of drinking
to escew of wine, strong ale, and spirits, and also of thing
stimulating drugs; and that Wheeler took advantage of the
weak state of mind Scott was consequently constantly in to
inveigle hint into the partuership. It was also alleged that
the sum agreed to be paid as the consideration was in
excess, the business not producing, as the defendant had
represented, 1,01101. a year, but that the average vectipts from
MI to 1848. was only 1611. a year For the defendant,
evidence which was in direct contradietiou of that un the
part of the plaintiff, was. adduced, denying that Scott was
of intemperate habits or of weak mind ; and that with re-
gard to the consideration paid, Scott had kept the books for
several:mouths before be entered into the partnership,
and was, consequently, well aware of the value
of the business. There was also a counter statement that
In 1841 the receipts from the business were 1,0021. ; in
1812, 9301. ; in 1841, 1,3461. ; and in 1815, 8341. Since the
suit was instituted both the plaintiff and the defendant have
died, and the suit is now carried on by their representa-
tives. There was another question in the suit, involving
the interests of a mortgagee.
The ease was not concluded. The counsel for the plain-
tiff were Mr. Roupell, Mr. Anderson, and Mr. U. W. Col-
lins ; for the defendant, Mr. Huundell Fainter and Mr.
Swinbourne. Mr. Wilcock appeared for Mr. Handy, the
mortgagee.

BAIL COURT.—YESTERDAY.
Birrisos IN BANCO. —BEreas Ma. .11,41“ Enr.s.
ENFARTE JERNINOHAM V. LATIMSIL—LteRL.
Mr. Keane moved for a rule calling upon Mr. Isaac
Latimer. the proprietir of the Plymouth and Deronport
Weekly Journal, to show cause why a criminal information
should not be tiled against him for a libel published in his
newspaper of the 14th of August last, reflecting upon the
conduct of Mr. Frederick It Wien' Jerningham, and ar-
raigning the conduct of that gentleman in the education of
his children.
Mr. Keane stated that Mr. Jerningham was a Roman
catholic, and had been brought up as such. Ile belonged
to a family well known fur its attachment tothat faith—the
family of the Jerninghams, of which Lord Stafford was
the heed. Mr. Jerningham, who was the nephew of the
late and first cousin of the present lord, had set forth
in one of his affidavits that ho considered it to be his
bounden duty to Almighty God to bring up his children in
the Roman catholic religion. In the year 1837 he becameae-
quainted with Miss Mangles, the daughter of a clergyman
in Cornwall ; and, though she was at that time a protestant,
yet previous to their marriage she became a Roman catholic
also, and was received into that church, publicly renouzizi
her adherence to the church of England. It was also
between them that their children should be brought up " Chudleigh, Aug. 22, 18.31.
Roman catholic. The marriage took place, and the fruit "My dear sir,—The statement in the Plymouth Journal
of it had been four children—a young lady, named Frances, of last week annoyed me very much, and, although my
aged 13 ; Constance, aged 11 ; Adolphus Frederick, aged name is not mentioned, there is no doubt but that lam the
9; and a little girl, named Isabella, who was only 4. In person referred to. The temperate and well expressed let-
the year 1847 Mr. and Mrs. Jerningham were not living so ter of your friend Mr. M'Donnell, in addition to the correct
happily together as could have been desired, and in the version which I have felt it my duly tospeak of very generally,
mouth of October they separated. I'revious to that event will lam sure acquit you of any dishonourable conduct.
their two eldest children had been placed by Mr. Jerning- On my return to town 1 aught to have written, but I pre-
ham at a Roman catholic convent and school at Taun- (erred remaining silent rather than any anything which
ton, of which Mr. Jerningham's sister was the would have lessened the hope of a better understanding be-
superioress. Mrs. Jerningham, for the purpose of tween Mrs. Jerningham and yourself. I attended the sale at
being near her children, lived for a considerable time in Plymouth on Wednesday, finding the trustees had no power
Taunton, and was in daily intercourse with them. The to recall it; nor had Mrs. Mangles any unkind feeling to-
children, he should remark, bad been at their school at the wards yourself, but the law required the reversionary inte-
time Mr. and Mrs. Jerningham were living together. rest being sold, though subsequent arrangements will, I
Shortly after their separation the two eldest children were trust, be made in order to secure for your children the be-
permitted by their father to visit during their holidays their =fit of the said income. I write in great haste for
grandmother, Mrs. Mangles, at her house, at Southampton. this day's post, there being none to- morrow.—Believe me,
They arrived thither on the Bth of February last, and yours very truly, JOUR WILLIAMS.
whilst there they were joined by Mrs. Jerningham and the I should be glad to hear from you at any time.
ether two children, so that the whole family, excepting Mr. "F. Jerningham, Esq.
Jerningham, were now together. He (Mr. Keane) would With reference to the letter of Mr. M'Donnell, Mr. Jct.-
here read the libel complained of. It was as follows- ningham, in his affidas its, stated that he had never autho-
" Extraordinary Seizure of • Child at Church.—On Sun.- eked or expected Mr. al'llonnell to publish that letter in
day morning last, just after the close of divine service, any newspaper whatever; but M'Donnell bad thought, as
great excitement was occasioned in consequence of a little a clergyman, he had a right to publish the following letter
boy, the son of Mrs. Jerningham, and grandson of Mrs. in the Plymouth Journal, of August 21, the week after the
Mangles, having been seised and corned off, as it is be- libel had appeared. It was dated August 20, 1851 :
lieved, by his father, just as the mother was leaving & " Sir,—l consider it exceedingly unbecoming in either a
Andrew's Chapel. The circumstances connected with tha public journalist or private individual to interfere iu
uufor-
case, and the heartless brutality of it, this being the third tunate domestic dissensions, unless in the hope of effecting
child Mr. Jerningham has carried off from his wife, has a reconciliation. It is, then, solely because in giving pub-
caused great excitement in the neighbourhood, and an ex- licity to recent unhappy occurrences you have chosen to
pression of universal sympathy for the lady, who has thus been
successively deprived of her children. Mr. F. W. Jerning- cast reflections upon such a church,' aud to insinuate
the usual misrepresentations about ' dispensations,' that I
ham, who is a Roman catholic, and a brother of that Miss request you to give insertion to the following extract from
Jerningham who is at the head of the nunnery recent% so a letter that I have received from Mr. Frederick Jerning-
notorious as the place of incarceration of Miss al- h
• I merely pledged myself to Mr. Williams in the latter
hot. Mr. Jerningham some year& since married Xi°
Mangles, the daughter of the late Rev. George part of May not to take any decided steps until his return
Mangles, vicar of Lewanwick, Cornwall, and that lady to Plymouth, on the 15th of June, when be expected to
subsequently conformed to the Roman catholic faith.
have been able to have effected an amicable arrangement
They continued to live together for some years, but differ- with my wife ; but not being able to du so, and Mr. Lux-
ences eventually arose, and • separation ensued. more writing to say that my wife would nut on any condi-
Dlr. Jerningham is, like many other gentlemen, rather jive give the boy up, I felt myself no longer bound. My
needy, 'idle, however, was bound by a written engagement not to
u
bring up my children protestants, and therefore the " dia.
if
angles and repeatedly,but
there w e
maoorettobold ,
an
o were
end his
to debtsthot
so paid by 'idle,
thing with the richest of people. In the year 1847 they peruation, it any, must have been given, not by the
separated, and in 1848, while Mrs. Jerningham was re d- priest, but by the parson.'
lag with I have above stated the motive which has induced me,
session
Southampton,bu
but onemacashineffstiill retained
in the month Pus
oi and which. I trust, justifies these lines, and with them
adoom4 ceases my interference, such as it is, in an unhappy affair,
harm ; and ,having a servant in his interest, he got the which every christian or right-minded man must lament,
omfbrehrezmocroohthiioldegrrehaan attoi ,
was seen watching Mrs. Mangles'
Seer for him. The two children came down to
and over which every such man must desire to throw a
when Mr. Jerningham rushed into the passage,veil TI am, Sc., " T. M. 11I'Dosissit."
threw a bonnet and shawl over each child, and forcibly Mr. Keane having stated that Mr. Jeruingham had
carried them off. The eldest child bad been very ill and
was taken away at the risk of her life, as she had not re-
burgh, Norfolk, where his mother might see him at any
noversd, and the medical man had ordered that she should
placed his child under the care of a private tutor at Ox-
time, recapitulated the leading points of the Cale, and read
M lime the house. Miss Jerningham, the abbess of the • further affidavit to the effect that Mr. Jeruinghain had
ennead at Taunton, received these children, though against not applied for a dispensation to any spiritual person what-
Ihio seurest of their mother and grandmother, on whom the
Mr. Justice Erle—You may tale° a rule to show cause.
ilk Ismss
Kiss Talbot's case Mended. They remained in the convent till the
when they were clandestinely re- ever.
_ . -
meeed toth; Mnvpernt onf: reNotmreaaiDri
but iars
e, Namur:
fin orofog.o
Belipkonm, COURT OF COMMON FLEAS.—YESTESDAY.
wasoo the at present
Berns. is BANOM—Baroac ewer Jessica Jeans sta. James
is sot allowed to hold any communication with scone, me- Jensen Witusits, AND Ma. Jvvesrs TALPOCILD.
VIM. A friend of Mrs. Jeruingham's recently WHITWORTH V. THE MANCHESTER, SHEFFIELD, AND
Mel Namur, and had tke greatest possible difficulty in Ltecoxxentan RAILWAY COMPANY.—CLAIM FOR 'tax-
IhmsmArEsau.a.—A report to the Board of Temb even a sight of them. It 1S not much to be RUT UFOS TEI Perez or ROODS SOLD.
Ks Os loss of several steamers has at the instance of lb. wEedered at, that Mrs. Jerome:im should cease to be con- Mr. Watson, Q.C., said that this action was commenced
Masse been printed by order of the House of Common, sad soda with a church which could thus hold her children in in the Common Pleas in Lancaster, and was tried before
was yesterday issued. The question of lightsfor all ;team close confinement, and be a party to a treatment of them Mr. Justice Williams at Liverpool, and a verdict was found
AsL is brought before the government, which we care not to characterise. The result Li, some six for the plaintiff for 2871. Os. M. The present motion was

_ .
That Mr. Williams answered the above letter as fol-
lows :