The Express.
London, England, 1848-02-22 00:00:00

IMPORTANT LETTER FROM THE CATHOLIC

PRIMATE.
TO THE EDITOR OF THE. DUELIN EVF.NINO POST.
Dear Sir,—Although I am inclined to believe that the
controversy concerning the word "diffnmationibus" in the
late Rescript sent from Rome to the tour R. C. Archbishops
of Ireland, has already occupied a sufficient portion of public
attention; yet, as it appears that, in transcribing that
admonitory document for the information of the Right
Rev. Dr. O'Higgins, I wrote the word "defootafionitoos,"
I deem it my duty to declare distinctly, that " dyfasentioni-
bus" is the word in the original. Before Dr. O'Higgins
published his letter on that subject, I was under the impres-
sion that I had accurately transcribed" diffarrintionibus," as
well as every other word of the Rescript, in the copy which
I sent to his lordship. In obedience to the present illus-
trious successor of St. Peter, and in the spirit of fraternal
charity, my communication was not intended for publication
in the newsoapers, but for his lordships perusal—in order
that be might reflect on the pious, prudent, and practical
directions which it contained. If the word "depino-
tionibiss," inadvertently written by me, could in any manner
augment or diminish the force of the salutary admonitioa
given by the holy see to some ecclesiastical politicians in this
country, I should be extremely sorry for my unintentional
mistake. At all events, as the unimportant error is now
corrected, I trust that the pious injunction of the venerated
head of the catholic church will be strictly attended to by all
those persons for who•is instruction it was intended.-1
have the honour to remain, with the highest esteem, dear
sir, your obedient servant, W. eltOLLY.—Armagh, Feb. 18,
1848.—F. W. Conway, Esq.

EXECUTION OP JOHN CROWE FOR CONSPIRACY TO
PROCURE THE MURDER OF MR. WA:MON.—ENNIS, SA-
TI:RDAT NIOE-C.—This day John Crowe was executed in
the front of the county gaol, in presence of en immense as-
semblage. Every one seemed impressed with the awful na-
ture of the scene, and, save a murmur of commiseeration or
prayer, there was no sound to indicate the presence of at
least ten thousand persona. The Rev. Messrs. Quinlivan and
Mahony were unremitting in their attendance on the un-
happy man from the time of his condemnation. On Friday
he was visited by his wife and brother, but the firm-
ness of Crowe never deserted him; he urged upon
them the necessity of bearing up against " the blow
with which he was visited," and strongly advised them
to harbour no feeling of revenge against any person
concerned in his prosecution. Last night he was oceapied
in prayer, and this morning, soon after six o'clock, he walked
with unfaltering steps across the prison yard from the con-
demned cell to the press-room. In consequence of the ab-
sence of the sheriff, the execution was delayed for more than
an hour beyond the usual time, at which the unhappy man
exhibited symptoms of impatience, and on hearing the prison
clock strike two he exclaimed, with a slight shudder, " I
suppose I shall never here it strike another hour, and I
don't wish it." In pasi,ing a grated window he looked
out on the assembled multitude, and in reply to an
observation addressed to him by one of the officers, he
exclaimed, " Well, it's no matter ; 'tis only a moment ; man
a better man than I have gone this way, and perhaps I could
never be better prepared." He walked along the corridor
and up the stairs leading to the flat roof, giving the responses
to the litany for the dead in a clear and audible tone. Ar-
rived at the fiat-drop, he absolutely assisted the executioner
in the various necessary preparations; and then, the bolt
having been drawn, he died without a struggle. Ile made
no public confession of his guilt or innocence. The body
was subsequently placed in a coffin, provided by his friends,
and conveyed immediately to Kaiak*. Some members of
the deceased's family attended the hearse, but there were
no public manifestations of grief.
EZPRIEVE.—Howard, found guilty of the murder of
Johanna Hourigan had her eon, has been reprieved under
1 circumstances worth noting. His strong protestations of in-
nocence suggested to the parish priest of the district in which
the murder was committed to pay a visit to old Houri-
gan, and choosing the moment at which Renehan was
hanged for another crime, but who admitted he
wee present at the murder of Hourigan's wife and
son, he extracted from Hourigan an admission that he had
not seen the murderers enter his house as he swore be bad,
but that at the time of the murder he was at the house of his
brother. He admitted that he had sworn to Howard's pre-
sence because a girl had come to him and gave him informa-
tion that Howard had solicited her brother to go with him
to murder Hourigan, and he " thought it too bad not to
have revenge." The priest brought a magistrate, Mr. Max-
well, late High Sherif, to hear Hourigan's statement, but
be by no means made to him the same admission. Ilow•
ever bis manner, shuffling and stammering, created suspicion
in the magistrate's mind, and on going to the place whore
Hourigan swore on the trial he was concealed from the mur
derers when they entered his house, Mr. Maxwell saw that it
worn impossible he could have lain perdu there—that he most
have been seen by any parties approaching or leaving the
house, and he concluded Hourigan had not sworn the truth.
Add to this, that Hourigan's brother had made an affidavit
that he we,s in his house at the time of the murder. All
these circumstances induced Lord Clarendon to decide that
the unhappy man's life should be spared, though there is
reason to believe he desired, if he did not compass, the visit
of the murderers to Hourigan's house. The whole tale is
sadly illustrative of the state of society with which the
executive and the law in this country have to deal.

PROVINCIAL.
LOCAL OPINIONS OF THE BUINJET.—" The pre-
cious budget opened by Lord John Russell, and the debate,
which thereupon ensued, we (the Leicestershire Mercury)
commend to the careful attention of our readers; anti we
call upon them, one and all, to be ' up and doing ;' to aid
our borough representatives and the great free-trade leader,
Cobden, in preventing the Whig minister from carry-
ing out his intended increase of the income tax and
our war establishment—two steps fraught with immi-
nent and long-continued danger to the peace sad
prosperity of the country."—The Liverpool Albion
of yesterday says: "As one proof amongst many of the
strong feelings of disapprobation with which Lord John
Russell's financial statement, was received in Liverpool, we
may mention that on Saturday afternoon, shortly after the
reception of the morning papers, a full meeting was held of
the committee of the Association for the Reduction of the
Tea Duties, at which a resolution was passed to the effect
that the meeting had perused with the deeAtiliaappeint
ment and moat untningled regret the state made by
Lord John Russell in his speech on the bullicarlaiith the
principle of indirect taxation, which is the elastiO
spirit of the country's industry, and on John )71.;
mainly relies, is pertinaciously and painfnfty adhered to,
without say diminution of the eaistiag *xesbasas duties on
articles constituting the neceisarics it life ; sod in which,
Cos

whilst great n mpathy is expressed ;or the sufferings of the
people of Irvbsul, the distressing position of our own manu-
facturing classes is wholly overlooked. It was also resolved,
that a sub•eummittee of seven be appointed, to take into
consideration, and report without delay. what immedia
steps they ought to take in reference to the proposed budgette ."
A requisition to the mayor, to convene a public meeting to
consider the question, has received a great number of sig-
natures.
CHANNEL ISLANDS.
TUE NEW LIEUTENANT-GOVERNOR OF GUERNSET
arrived in that island on Friday last, and was immediately
sworn into office.

gbe Drama.
FRIINCII PLAIN, ST. JAMES'S THFATRE.—The
invocation of novelties here is so rapid that any particular
piece has scarce time for becoming what is generally under-
'good by the term popular, but the new consedie-vaudeville,
" Le Chevalier d'Essenne," has certainly about it most of
the elements of popularity. Its incidents are effective; its
heroine a very interesting person; the dialogue agreeably
turned; the moral unexceptionable; and the parts well
filled. The plet turns on the likeness of Madeira, d'llerbelay,
a fair young widow, to her brother, the Chevalier d'Essonne,
which is so clone in every feature that when attired alike even
their mother has been at a loss to know which was which.
This old dramatic expedient is turned to amusing account.
Mademoiselle Nathalie fSlhd the part of the heroine with
excellent effect ; her demeanour in male attire is full of ease,
witnout effrontery, sad she looked the character capitally.
A. open-hi artsd, gallantnPirited, joyous Gascou, was
represented with great animation by M. Montsland. The
principal character* were well supported, and the piece was
well put on the stage.
Macready has commenced a
series of performances of his principal characters at this
theatre, at the conclusionof which, we understand, he de-
parts fur the United States. Mrs. Dueler (Fanny Kimble)
has also been engaged for two' se nights; and they both
appeared teat evening in Macbeth." We think it neces
nary merely to record the circumstance of their appearance
without enterind into any criticism nu the performance of
either, as the Macbeth of the one and the Lady 3lacbeth of
the other are well known to the pu'dic. The theatre was
very full. Toe principal scenes of the play were much
applauded, and both performers were loudly called for at its
conclusion. Mr. Iklaeready came forward and made his
actenowledgmeuts ; bur, the call for Mrs. Butler being re-
newed, Mr. Cooper stated that she, nut having been pre-
pared for this honour, had left the theatre as soon as she
finished the part. To-morrow they are to appear in " Henry
the Eighth "—Mr Macready as Cardinal Wolsey, and Mrs.
Butler as Queen Catharine.

UNIVERSITY AND CLERICAL
Duntiw.—The Rev. 0. admon, M.A., Fellow of Trinity
Wiest, has been elected (Mm I eslor Ntathemittics, in the
room of the t 0,,. John U. Jcllett, 51 A, the new Protester of Natural
Phdoemhy.
ORDINATION.—(II SuW,ay Feb. 20, the following
gentlemen were °MAMA at Chore,: —lkor+ste W. H. GrelrtrY.
)gadaa,a, (hoc.; W. J. hipley, Waßten. Oxon. ; J. W. Milner,
Learnt°, thon.; F. W, Kittermaster, Pembroke. (moo; F.. 1.. Bow-
man, St. Peter's, C =b.; E. W. 0. Bedroom, Trio., Carob. • G. T.
Fos. Trio., •S. T. Preston, Trio, tomb. •W.J. R. CoYeable,
Clare Hall, Comb.;' S. 1. t Luke, St. John'+, oamb.• F. De Jersey,
Bt. John's, Conh. ; Haworth, St. John's, Comb.; E. Seymour,
Jesus, Camb.; W. A. Steverhon, tpteens'. Comb.: T. Douglas,
H. ; J. England, Trio., Dubl.; W. 11. Hamilton, hin., Dubin;
H. M. Moser, Trio.. J. F. Sinop+ e, Dubl.; W. F. Tay-
lor, Trio., Dubl.; H. Woodwar.t, Trm. DOI.; R. C. Walker, Trio.,
Dahl.; A. J. Cent:and, St. Races; W. IL.Foy, St. Bees; J. Gregory, St:
Bees; T. R. Govett.—Peirgs: J. Barnard, Slamlalen Hall, Oxon.;
M. Fletcher, St. Edmund Hall, Oxen. • T. Greenall. nrasens.e.
Oxon.; F. It rites. Laetor, Oam.; W. Coksnan, SL John's, Camb.;
H. A. Oran:, et. Jo',n's, tenth.; J. W. N Tonna, et. C.therine
HAIL daub ; 11. Vt nal,:ts, QIIIth.; G. F. Wiston, christ's,
cgmb.; J. F. Waller. Magdalen, Comb.; IL G. It. binson, Clare 11311,
Carob. ; W. Angell, Trim. Du% ; A. Coate*, Trio.' laabL ; C. I.
Gibbon, Trio., Dahl.; C. Mere, The., Dbt
u.; G. Jerkin, Trin., Dubl.;
J. Murray, Trio., Debt; H. St. George, 'I on., Dubl. ; It. W.
Wolsehey, Trio., Dud.; 11. Davency, ht. been; D. Ferguson, no.
gent; W. N. thiLlunson, tit, Bees; W. T. flirts, St. Bee.; T.
Hughes, St. Bern; R. Owen, st. l.ampeter.
THE COCiteli IN INDIA.—Our 11-nnbay correspondent
says " The Lieutenant Governor of the north west provinces was at
Moradabad on the 1+; of January, on which day he laid the foundation
stone o(the new church at that station. The atered edifice is to be
cal:edSL Poore—Bishop Carr, of Bmbay. is at Ahmedabad, at whkh
place the new church was consecrated by hie lordship on the sth.
Ths Venera'ale lk.01r) !eft Delbi for C;0.01.1 011 the sth.
The foundation +tono of the new church of St. Thorns+ w.ts told by
him at Ssitarontere on the 2lst iv( Itorember. That of the church at
Deyrah [Moon, also ealle.l el. Thomas's, wan laid on the 20th by the
Rev. 51r. 51addoel, toe arentle,,,n bring unable to. perform the cere-
mony fromindispaes cm: he co., 1106.1 on his arrival at Calcutta on
tot othOUlit.--011the. arc ollf itiAliof up at once the country, and all
we now want are ministers to prutl, an them. Some OLLG-0/400.1thry
stations ere oi.,ted by a al. ru+ own only OM, a month—some once in
two month+. It Ii nit bishops we p.,nt, but chaplains, and these
should be provided without delay."

NAVAL.
ADMIRALTY, Fin. 21. APPuINTAIENTS.—Lieut. and
Commander, T. Limes; Mutter, S. Libby ; Ansi-Lust-Surgeon, J. G.G.
Ballantine ; blasters' Areestunt, W. G. eoutbey and J. It. Richer& ;
Gunner, J. lloyten .11 appointed to Llnnet.—Lieutenant :t. T.
Dickens, to Otar.—Aielatunt Surgeon.: T. Hunter, to Genteel; A.
BMW., is San Josef; It. D. Pritchard, R. Blenheim; F. NeguA to
Caledonia; W. It. Cockburn, to lluvuunAb.-11toter's Asaistant ; G.
P. Chapman, to Wellesley.

SPORTING.
TATTERNALL'B.—MONDAY.
Very little was dune on the Cheater Cup, but the offering
was sufficiently cirer to place Cracow and War Engle in advance of
Blaze and Jonathan Wild. swallow also obtained • Oft ; and, beyond
this very *elect few, the betting woo entirely destitute of interest.
The that favourite for the Derby (Surplice, rallied this afternoon to 9
to I, but not until 4001. or 500 f. had been invested at 10 to I. Load-
atone mu also in force at 28 to 1, which was not obUinable at the
Swiss Boy again implored, and Fern was in frequent demand
at 50 to 1. The other quotations tally pretty clone with those returned
but week.
MarktopoLtrax LIANDICAP.-8 to 1 agst Jericho (t), 15
to 1 eget Rat-Trap (t), 1.5 to 1 apt Tufthunter (tom
;, 15 to 1 apt Mar-
gins of Conyugham.
CAMPER Cur to 1 agst Cracow (), 22 to 1 agst War
Zarb (t 2.5 to 1), 28 tot apt Shire (t), 28 to t apt Jonathan Wild
ft), 13 to 1 opt minnow ff), 1,000 to 2u ogst Lightning 3), 1,000 to 20
apt Chat (t;, 50 to 1 apt Bantam, So to I apt Merv. Taft.'
De 1034.-6 to I apt John Day's lot (t to 1001.), 6 to 1 agar
Jibe Scott's lot (t to 100 f.), 7 to 1 apt Dilly's lot, 9 to 1 apt Surplice
i tiLaiLl.t fenny), 13 to opt Glaslower (t 14 to 1), 17 to 1 apt
Jack (t 18 to 1, 25 to 3t
apt Lnidstone 1
28 to 1 t freoly), 30 to
Deeperandum 3, 30 to 1 off 3 Cefvflzi 30 to I east Swim
Soy (t), 33 to 1 apt Anoult, :11 to I apt The Stinger it 40 to 14 33 to
1 apt Bemborougls (t), 4u to toast Ileverlae, 1,000 to 25 apt Rosalyn
(t and aft off), 45 to 1 apt Flatcatcher it , 1,000 to 20 apt Whitatune
(t), 1,000 to 20 apt Fent it., 2,4100 to 3) opt Rennin (t).
INTELLIGENCE EXTRA.-CHESTER, 1818.
ACCEPTANCES FOR THE FREE HANDICAP.—Prior of St.
7st 11th; The Widow, let alb; Antler, fiat ; Chria-
topher, Gat 1316 ; Rub., Got 12Ib ; Sutlej. Gat 111 b ; Erin-go-braah,
Pet 101 b; )(envie, Oct 1101 b ; George Iludonn, Gat 10th; Brown 8e,.,
Gat 9th; Philiropher, oat slb; It:Min:dad, as, filb ; Luminous, Gat Glb ;
Vise-Consul, Gst 0118; Lady itykla, fist ; lonia, Gst 21b; Cheap-
side, Gst Rib; Gager Green, 3,1 121 b; Brown Fly, Sat 12Ib; Jenny
Lind, Sat Illb ; Good Boy, sst 316 ; Lady Mary, 54 3lb ; Lucy :kith-
ton, sst ; Owlet Boy, Sat ; Coot-off, sst ; Maid of my Soul, 410 121 b;
(Spaniard, 4st 121 b ; Jest by Jerry, Oat 101 b.
NOMINATIONS Pon THE CORINTHIAN STARES.—VAINUIL,
h-b; Shipmate, h-b ;P e,
the First, h-b; Inglewood ; Pilot ;
GriMston ; Islsekie; Pintas.; Spectator, lub.

Law finttUtanut.
HOUSE OF LORDS.
Present—TM Lord Chancellor and other Peers.
BOITGHTog AND OTHERS V. BoUottToN AND OTHERS ,
AND BOUGHTON v. JAMES AND OTHERS.—WILL.—GIFT
TO ATTER. notot CHILDREN ON ATTAINING THE AGE OP 25
YEARS —AECUItuLATIoNs.—RamoTENRsa. These were
appeals from parts of a decree of Vice-Chancellor Knight
Bruce, upon construction of certain bequests in the will of the
Rev. William Boughton, dated in 1831, by which, after giving
bequests to his sister and others, he devised and bequeathed
all his lands and tenements, real and personal estate, to John
James and another upon trust, and subject to various an-
nuities thereinafter given, from time to time to receive the
rents, dividends, end profit, thereof, and to retain thereont
101. a year to themselves, and to invest certain sums for pur-
poses specified, and upon further trust to pay for the educa-
tion and maintenance of each of the daughters of his two
nephews John and Joseph Boughton, whether born in his
lifetime or afterwards, e, rtain yearly sums until they should
respectively attain the age of 25 years, or be married
with consent of parents, and on their respectively at-
taining that age, or being so married as aforesaid, on trust,
ho pay each of them 1,3001. for their respective use and bene-
fit. The testator then directed his said trustees, out of the
rents and profits of the trust estates, to pay certain sums for
the education and maintenance of each of the sons of his said
two nephews, till they should respectively attain the age of
25 yeets, and to invest the surplus rents and profits of the
trust estates on government security. and suffer the same to
accumulatv, and to stand seised of the trust estate, and the
accumulations, upon trust, " when and so soon as any son of
either of his (the testator's) said nephews John and Joseph
Boughton should have attained the age of 25 years," that a
valuation should be made of the trust estates, and the same
should be divided in equal lots or shares " as there should
be sons of his said two nephews then living," and thence-
forth separate accounts should be kept of their respective
portions, and that each of his said nephews' sons, after at-
taining the age of 25 years, should choose one of such por-
tions ; and thenceforth such portion should be held by the
trustees, and by them conveyed or transferred to
proper parties, "upon trust, for the person so selecting
the same, for his life," and after his death,
upon trust for his chtdren, &c. ; but if any of his said
nephews' sons should die before attaining 25 years or after
that age without leaving issue, the shares of those so dying
to go to the others, and, if all should die without leaving
issue, then upon trust for the testator's heir. The two
nephews had sons and daughters born at the testator's
death, and some born afterwards. The bill in this cause
was filed bl a grand-nephew of the testator, as his heir-at.
law, praying for a declaration that the gifts of 1,5001., so far
as they related te " after born" daughters of the nephews,
Mare void for remoteness, and that the trusts for accumula-
tion for the sons had failed as tending to a perpetuity. The
Vice-Chancellor made a decree in conformity with the prayer
of the bill on both points.—Three of the testator's grand-
nephews, sons of the nephews John and Joseph Boughton
(both deceased), appealed against so much of the decree as
declared that the trusts of the will concerning the real and
personal estates, and the rents, and profits, and accumula-
tions thereof (for the benefit of these appellants), were void,
aa being too remote ; and as declared that the valid legacies
and annuities given by the will should be paid rateably out
of the real and personal estates, and that the real estates,
and certain portions of the surplus rents and profits which
arose from them, with the accumulations thereof, descended
to, and became vested in. the heir of the testator, and that ,
other portions of such rents and profits, with the accumu-
lations, formed part of the testator's personal estate =die.

Ns
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