The Express.
London, England, 1847-07-22 00:00:00

THE EXPRESS, THURSDAY EVENING, JULY 22, 1847.

tats Enttllignus.

HOUSE OF LORDS.—WzoNtsoAr.

CLAIM 7: 7113 —0; SATs Awn LIL —The
eammittee for privileges, consisting of Lord Shaftesbury
(chairman), Lord Lyndhurst, Lord Brougham, Lord Camp-
bell,
and other peeve, sat at 10 o'clock, to hear a wanes
esamined upon the claim mad* by the Rev. Frederick Ben-
jamin Twiselton to this butiny. His petition to her Majesty,
praying that the said title and peerage might be declared to
belong to him, was referred by her Majesty to the Attorney-
General. and upon his report the petition, with that report
annexed, was referred to this house, and, by the home to
the committee. From what pasted between Sir Frederic
Thesiger, who (with Mr. linthank) was counsel for the
petitioner, and the lords of the committee, we understood
that the only object of the present meeting was to take and
perpetuate the evidence of the witness, who is about the age
of (8, for the purpose, as we understood, of extinguishing
the pretensions of a rind claimant to the peerage.
Mr. John S,ein (the witness) said he was born in 1769,
and in 1796 (being then resident in Edinburgh), and after-
wards, he cohabited with a woman who was an actress. She
bore in Scotland the name of the Hon. Mrs. Twiselton, and
was always so announced in the play bills; but in England,
when she and the witness were living together, she passed as
Mn. Stein. She gave birth to a male child during the time
of the witness cohabitation with her, about the time that
he was elected to represent Bletchicyly in parliament ; that
was about nine months after their first acquaintance. The
child was brought up as the child of witness, and he did be-
lieve he was his child until he had reason to suspect the
woman's fidelity to hint, and that she had had intercoursa with
another. The witness had afterwards fallen into embarrass-
ments in consequence of the failure of a house with which
the firm of Stein and Co. had transactions: and he did not
see the child for many years until in 1833 a man came to him
representing himself to be his son. He mid he had been in
the navy, and witness told him he could not do anything for
him, and ads ised him to follow his profession.
8 1 questions were put to the witness by counsel
and by peers, the answers to which were entirely lost be-
hind the bar, in consequence of the feebleness of his voice
and the confusion caused by strangers there. The further
proeecution of the claim was postponed till next session, it
being distinctly understood that the witness's present
examination was not to dispense with his attendance next
session should he then be able to attend.
The house having been formed, their lordships proceeded
to give judoment in the following ease*: " Lord Carney'
sad another v. Blundell and others—Misnomer of`• Devisee."
Upon the motion of Lord Brougham this ease, which
was set down for judgment, was postponed to next session.
The facts of the case, arising on the construction of a will,
were fully stated in the report in this journal at the time of
the arguotent, on the 28th and 29th of June last.

EQUITY COURTS.
Wore the lard Chancellor.
THZ ATIORNIT-ORNERAS IL ALDERMAN Ginns.—Ac.
COUNTS OF A CMORCHWARDIN.—COSII.—An information
was Wed at the instance of Mr. Rock cud other inhabitants
of the parish of St. Stephen's, Walbrook, London, against
the defendant, for the purpose of obtaining from him ac-
counts of monies received by him, as churchwarden of that
parish, since the year 1823, and of removing him from the
office of churchwarden and trustee of the parish property.
The Master of the Rolls, on the cause coming before him, in
1844, ordered the accounts to be taken by the Muter with a
set off of all payments made by the defendant on account of
the parish. The Master made his report in June, 1846,
finding that the defendant had, item 1823 to 1843, paid over
17,0(101. on account of the pai WI, and received of the parish
property in that time only 12,7001., together with rates,
amounting to about 3,5001. more. And the Muter found,
em the whole, that there was a balance of 5921. due ,
o the defendant. He had claimed a larger sum to '
be due to him, and a sum of 6501. claimed by
him in respect of costs was disallowed by the report. The
cause came afterwards on the report and for further diree-
tions before Vice-Chancellor Knight Bruce, who ordered
the defendant to pay the costs of the relators, and also of
each of the select vestry as were made co-defendants with
him, except the other churchwarden, Mr. Belly Atkins. ,1
The defendant Gibbs appealed to the Lord Chancellor
against that decree, and Mr. Lloyd and Mr. Humphreys on
his behalf contended that there was no precedent (or such it
decree as the Vice-Chancellor's. The relators in the infor-

•
nation had failed in establishing any of the main points in
their case, and upon such failure they did not ask for the
d lendatt', removal To c-smpel him under the circumstan-
ces to pay the cons of so much profitless litigation was a hard-
ship to which the court would not subject a man who ap-
peared to be entirely innocent of the charges brought
against him.—Mr. Bates appeared for the respondents, and
asked that the further hearing might be allowei to stand
over for his leader, Mr. Swanton, who was then en-
gaged in the House of Lords. —The Lord Chancellor
refused to comply, saying it should be distinctly
understood in that court that no use once put
in the paper for the day should be allowed to stand over
on account of the absence of counsel.—Mr. Bates then
proceeded to argue that as the suit was made necessary by
the obstinacy of the defendant in refusing to render any ac-
count to the parishioners, and as the relators had succeeded
in gaining that object, it was but reasonable that the de-
fendant should pay the costs.—The Lord Chancellor, at the
conclusion of the argument, said he war not dissatisfied with
the Vice Chancellor's order. It appeared that the defendant
bad often and positively refused to give any account of the
parish monies received by him, and he thereby caused the
information to be filed against him. It did indeed appear
that instead of being • debtor he was in advance for the
parish. That fact, however, could not be ascertained without
the filing of the lafritellas ; for the defendant, all through,
refused coinissito usenst yids say oolopt kis awn select
vestry. Had the dadmodsot oossaaolod to socaoust properly,
no charges would probably hat been preferred against him ;
and that the chore Anted in pivot was cot an answer to the
right of the other parties to their costs. His lordship affirmed
the order of the Vice Chancellor, and dismissed the appeal
with costs.

&fore the Vice-asansellor of England.
COOK. C. CHOLMONDELIT.—VALIDITY OP • VI ILL.—
Qrsatios or Ixemerrr.—The arguments in this case were
concluded on Tuesday morniog. The question arose upon the
will of Sir Gregory Osborne Page Turner, dated 11th of July,
1841, by which he directed his trustees to pay an annuity of
2,0001. out of his estate to his daughter, and the residue of
his property he gave to his wife for her life, and after the
decease of either hie daughter or his wife, the testator
directed the whole to be paid to the turvivor,withremainder
to the children of his daughter, in manner therein men-
tioned ; and he directed that if his daughter, or any person
is her name or on her behalf, should dispute his will, or his
competency to make it, or should refuse to confirm it
when required so to do by his trustees, or if any pro-
ceedings should be taken at any time by any person
whomsoever by any possible result of which a greater benefit
might be attainable by her than was intended for her by the
win., and she should not formally disavow, stay, or resist
each proceedings to the full extent of her ability, then the
testator revoked the annuity and all the other benefits given
to her by his will, and directed his trustees to pay her an
annuity of 3001. only, and after the death of his wife, to ac-
cumulate the surplus of the rents, and to stand possessed of
the same in trust for such person as should first become
entitled to an estate of inheritance in his estates.
The testator died in March, 1843, and his daughter, who
was his heiress-ablaw' married the Rev. Charles Fryer.
After the death of the testator, the trustees requested Mrs.
Fryer and her husband to execute a deed confirming the
will, but they refused to do so, alleging that Sir Gregory
Page Turner was not sane at the time of making his
It appeared that a commission of lunacy had been issued
against him in 1823, when he was found a lunatic. The
finding of the jury was subsequently travemed by the testa-
tor in 1826, but the commission was never superseded. This
bill was filed for the purpose of establishing the will, and a
trial was directed to take place in the Court of Exchequer to
ascertain whether Mrs. Fryer, by disputing the will, had for-
feited her right to the annuity therebfbequeathed. The
cm was argued in February, 1846, when the Barons of the
Exchequer decided that the said annuity and the other gifts
to Mrs. Fryer were forfeited by reason of her hav-
ing disputed the will, and having alleged that the
testator was incompetent to make a will. The ques-
tion of forfeiture was now argued, and evidence was
produced to prove that the testator was insane at the
time of making his will. On the other hand, it was endea-
voured to be proved, chiefly by the affidavit of Mr. Maberley,
the solicitor who prepared the will, and who had been on
terms of Intimacy with the testator, that although the com-
mission had not been superseded, still that he had so far re-
covered from his insanity as to be in a fit state of mind to
make his will. Mr. Stuart and Mr. Frosting appeared for
the plaintiff ; and Kr. Bothell, Mr. Lee, Mr. .1. Parker,
Mr. Teed, Mr. Saunders, Mr. Willcock, Mr. Lewin, Mr.
Fisher, Mr. Walked, Mr. Schomberg, and Mr. Piggott, for
other parties.
The Vice-Chancellor said this caw appeared to him to be
in a most singular position, and he did not recollect any
case resembling it. It appeared that a commission of lunacy
had been Mud against Sir Gregory Page Turner in 1814,
which was afterwards eupenseled, and • second commission
was lamed in 1823, that Listed undisturbed till his decease,
which happened in March, 1843, a period of 20 years, or
thereabouts. It appeared that Mr. Maberley was the
who prepared the will, and advised the testator. Of
this
gentleman his Honour spoke, designedly, with the greatest
respect, for it happened that he had known him ever since
he was a child. At the same time it was necessary for him
to make such observations as he thought fit, in regard to
what had happened concerning this will. The will was
!tamed in 1841, at which period Mr. Maberley had various
interviews with Sir Gregory Page Turner, and there was
full time for the testator to understand what he was doing.
The evidence given by Mr. Msberley appeared to his Honour
to amount to this—that submission to the existing commis-
sion of lunacy was assumed to be evidence of the sanity of
the lunatic, and a dense to oppose it was looked unon as
evidence of insanity, and, in proportion as he ceased to
oppose it, that was thought to be a return to sanity.
Sir Gregory did not appear to wish any opposition made
to the commission, except so far as to be allowed certain
i=ces, such as a carriage, some pocket money, and the
on to walk out. His Honour could well understand
that his mind might have been in a state of tranquillity, but
whether he had attained that perfect state of sanity which
the law required to enable him to make a will, was • matter
which, he thought, required investigation. He considered
it a fearful thing that • commission of this nature should be
allowed to exist (or twenty years, and that at the expiration
of that time a transaction should take place between the
lunatic and a perm, who, like Mr. Maberley, bad known
him from a boy—the effect of which was that the lunatic
was induced to execute a will, sad that without any notice
to the Lord Chancellor, who was the person appointed by
government to be the guardian of all lunatics. It was a
most important thing for the due administration of the affairs
of mankind that such a transaction should be thoroughly
WWI. It appeared that the particular clause in the will

which had been under dissuasion had emanated from the
mind of Sir Gregory. Pap Turner, but he weld not he' p think.
ling that the clause la question yea in some measure evidence
of a conselousnmeeathepart of the lunatic himself that he was
not of sound mind—be mused to have a secret feeling that
be was not in that stab Oland which the law required to
make the will valid. Umber thus circumstances kin Honour
thought that it was nisi drield• that en issue should be
directed, end that the sass &add be brought before • jury,
and that the mail peeper person to require a further ince,-
titration was Mr. Henry Fryer, who was trustee of the TOW-
nage articles of KM Fryer, and who was bound to Institute
an inquiry in order that it might be determined whether
the inheritance In the property had descended on Mrs. Fryer
or not.
BTILNI o. HAT.—Coors OP A SVIT.—The particulars of
this suit which was butiested for the administration of the
late Mr. Ducrew have already been before the public. The
eel). question now raised was, out of what fund the costs
should be paid, whether out of that moiety of the estate
which was given to the children of the testator, or out of the
moiety left to his wife, or out of the general fund. Mr.
Stuart, Mr. Cooper, and Mr. De Oex, appeared for the dif-
ferent parties.—The Vice-Chancellor decided that the costs
should be paid out of the general estate of the testator.
Haire Vieethancellor Inhrlst Dam.
LANOI1•11 O. ORBAT NORTHERN RAILWAY COMPANT.—
INioNcTmE.—Mr. Bacon and Mr. Pole moved ex parte for
a special injunction to restrain the Great Northern Railway
Company from entering upon lands at Holloway, to which
' the plaintiffs were entitled as tenants in common.—Mr.
Wigram appeared for the company, and contended, that, as
the company had appeared, the motion could not be heard
en parte, end cited " Perry e. Weller" (3 Russell, 519).—The
Vice-Chancellor said that on the authority cited the objection
appeared valid.—Mr. Wigram then said that the company
were anxious to have the question ,involved in the ease de
tided at the earliest opportunity, and he would therefore
consent to the motion proceeding, although he bad not seen
the affidavit.—Mr. Bacon and Mr. Pole raid that the com-
pany were about to take possession of the land, with-
out having complied with the requisitions of the Lands
Clauses Consolidation Act,theB.sthsect.of which provides that
if the promoters of the undertaking shall be desirous of en-
tering upon and using any land before an agreement shall
have been come to, or an award made, or verdict given, they
may deposit in the bank either the amount of purchase
money and compensation claimed by any party interested is,
er entitled to sell and convey, the land, or such a stun ea
shall be determined to be the value of the land, or of the
party's interest in it, by a surveyor, appointed by two jus-
tices, in the manner prescribed by the act, and may give to
such party a bond under the seal of the company (if a corpo-
ration) with two sureties, to be approved of by two justices
if the parties differ, in • penal sum (equal to the sum depo-
sited) conditioned for payment to the party of the compensa-
tion money, payable according to the other clauses of the
act, with interest. Upon payment of such deposit, and
tender of such bond, to the non-consenting landowners,
the act enables the promoters to enter upon the lands.
It was objected that the bond tendered in this case by the
company wan a bond to the plaintiffs jointly, although they
were tenants in common, and that the sum secured by it was
only made payable "on demand." Other objections were,
that the proceedings before the justices had taken place ex
parte, so that the plaintiffs had no opportunity of objecting
to the valuation, or to the sufficiency of the sureties; and
that the surveyor appointed was the same who had previously
valued the land on behalf of the company, and could not,
therefore, be regarded as an impartial judge—Mr. Wigram,
on behalf of the company, contended that the terms of the
act had been complied with, and that it would altogether in-
terfere with its intentions if companies were obliged to tender
a bond exactly in conformity with the title of the land-
owners, of which title it wan clear the company could have
no knowledge at that stage of the proceedings.
The Vice-Chancellor said that as the proceedings of the
company had been en parte, they ought to have been strictly
regular and correct ; a condition which did not appear to
have been fulfilled with regard to the bond given in this
case. His Honour thought the railway company were not
entitled to deal with the several shares in the purchase-
money, and with the several rights of the parties, as they
had done, in making the whole money payable, as one sum
~pan a joint account. It did not appear that the plaintiff;
had misrepresemed the state of their, title to the company,
nor could the company be considered an Ignorant of it, when
regard was had to the terms of the notices:which they had
!creed upon the plaintiffs. His Honour therefore thought
the bond irregular, independently of the circumstance
of the sum secured by it being made payable on
demand only ; but, in this roped also, his Honour
was inclined to think there was an irregularity,
and that a demand should net have been made requisite.
The company, therefore, had not entitled themselves to enter
upon the lands under the statute. It did not, however, fol-
low that the injunction must issue as a matter of course ;
and, therefore, he wished to hear whether any arrangement
could be suggested. It was then agreed that the company
should undertake not to deal any further with the property
till next Tuesday, and should lodge a precept for a ury as
speedily as possible; and if the precept was not lodged before
Tuesday, the company would not interfere with the property
until the precept wan lodged.

tion of the fast of the rate being duly made, and soppoeing
that allegation to he struck out, the rest of the count shows
that the mug tun had sufficient authority to make the
ordrs,by nom alf than being a sufficient information by
MAO'. them jurisdiction. The church-
=ea psalm
whom %broaden the justices acted, were the
=pilaw a reoeive cad collect, for the rata being un-
Mae Way who then fill the office can see for it in the
asilsolastlod wart. sad I think that their information alone
tsittseimihaise. irraspectise of the truth of the facts cen-
ts in Awarding to the wade of the 63ed Geo. 111.,
e. 137, e. 7, takes Is their ordinary saws, the fast of a rate
duly Impaled aa a patty and ales the am-payassat al it by
the party, era made to the jurisdiction
of the magistratato make statarisoraVymeat. But the pro-
vision which follows, that thejesdessare to e :amine upon oath
into the merits of the said asetplatat, and the power of appeal
to the unions, lead to the infimenee that three are not conditions
precedent, and that an laiormation on oath of a rate duly
made in which the party was rated, and of the refusal by
that party to pay,would be enough, if supported by sufficient
evidence, of which they are to judge, to give the magistrates
power to decide, and make an order for payment, se that the
order, if made, would be valid and could be enforced,
whether de facto there was a proper rate sitellroper demand
aid refusal or not. This is, generally mg, the case
where justices have the power to decide ju 'cially. The case
of a poor-rate under the 43 Eliz., e. '2, a. 4, is not the same ;
for the wording is different. Under that the validity of the
rate is essential to the power of a justice to issue a distress
warrant, so that if the rate has not been duly published, or
the party proceeded against be not an occupier within the
perish, the warrant is unauthorised, and the justice is liable
to an action of trespass. Whether the fact of a demand on
and refusal by the occupier is essential to the jurisdiction of
the justice to issue the warrant, or his decision on the evi-
dence thereof on oath before him is !sufficient, has not, I be-
lieve, been decided j but I have always thought it would be
sufficient, and that in a special plea by a justice Wan action
of trespass it would be enough to state a rate duly
published, and that the plaintiff was an occupier, and rated,
and that there was a complaint on oath by the overseer that
he did not pay on demand, and that fact was proved to the
satisfaction of the justice. I think that in this case, if then
was a sufficient infonnatioa on oath of • church rate on
which the defendant was assessed and of the demand and
refusal, the magistrates had jurisdiction, and the order WAS
valid ; for why are the magistrates to inquire into the merits'
of the case, and adjudicate on them, unless their adjudication
is to be binding, especially when it may be made the subject
of appeal ? If this be so the information is sufficient, as set
out in the first count. It shows that the magistrates had
jurisdiction, for the rata is alleged to have been duly made,
and no ease has been cited, nor can I find any, to show that
the order of a magistrate is not valid if founded on an in-
formation which does show jurisdiction, merely because the
information is open to the objection of informality in making
a mixed allegation of fact and law instead of stating the
facts only. I think, therefore, that the first count is
good, as for as relates to the principal objection. The
second was that it does not appear that the church-
wardens were authorised to collect and receive when
they demanded the rate. I think it is sufficient that they
were so when the rate was neglected and refused, which is
the offence. The third objection was, that the averment of
the warrant was defective, beause it is stated " that it was
recited as therein recited," without stating what was so re-
cited ; but enough of the warrant would be dated without
mentioning the recital. It was said also that it was not ad-
droned to any one. I think it is sufficiently averred to have
been addressed to the defendant. Another objection was
that the warrant was not averred to have been served a rea-
sonable time before the day of appearance. I think it must
be assumed that the justices satisfied themselves upon that
point, otherwise they would have acted unjustly in making
the order in the absence of the party, and the intendment is
always favourable to the validity of an order. Another ob-
jection we, that the order should be set out verbatim ac-
cording to the tenor. There are precedents both ways. But,
u it is not necessary in an action on a judgment, I do not
see why it should be so in an indictment or an order, and
I think it is enough to set out the substance correctly. There
are two more objections; ens that the church rate is not
averred to have been in force when the order was made, the
other that the warrant was without date. As to the first, it
is averred that the rate continued in force at the time of the
indictment, and that the justices found the portion of the
rate mourned on the defendant to be doe to the church-
wardens, complainants, which, I think, is quite sufficient.
As to the second, the date of the order is immaterial : this is
not a warrant of commitment in which it is necrisary to de-
scribe the time when imprisonment is to commence. For
these reasons I think that judgment ought not to be arrested."
Mr. Justice Pennon inquired of the prisoner whether he
was able and willing to pay the costs of the prosecution ; if
he was, judgment should be respited to the following
assizes to enable him to do so, and, in the event of payment,
he would hear no more of the matter f—The defendant pro-
fesaed himself unable to pay the costs or any fine, and pressed
for immediate judgment —The learned judge said that he
wee, under these circumatancer, compelled to pass a sentence
of imprisonment ; and, as it could not be tolerated that any
one should assume to defy the law, the sentence must be
severe, in order that others might learn from the prisoner's
punishment that the law was too strong for those who ven-
tured
to resist it. The sentence of the court was, that he be
imprisoned in the goal of the county for six calendar months.
On the application of counsel his lordship ordered that the I
defendant should be confined with the first class of mis-
demeanants.

MIDLAND ClRCUlT.—Limcoist, Jima 20.
Ci.u. am.

THI QUERN AT TES PROSICUTION OP PAYNE T.
INMAN, CLERK. ASSAULT BY A SCHOOLMASTER.
The prosecutor is an independent gentleman, residing
at Leicester, and the reverend defendant the head-
master of the Grantham Free Grammar School. The
former had two twin sons at school with the defendant. On
Sunday night, the 16th of May, Arthur, who is now be-
tween 16 and 17 years of are, on his way ta bed, threw •
jug of water through the window of another apartment at
some of his schoolfellows, who were in front of the house.
This coming to the knowledge of Mr. Inman, he proceeded
upstairs, found the boy =deeming, and desired him to put
on his jacket and go down into the library. He did so, when
Mr. Inman there charged him with having been impertinent
to one of the ushers, and also with throwing water at his
schoolfellows. lie denied the former, but admitted the
latter charge. Mr. Inman then began to cane him, and the lad
refuting to cry out, the rev defendant pursued the castigation,
exclaiming, " Well see who is tired first." He occasionally
took breath In the infliction of the punishment, until, is the
course of a few minutes, the lad was compelled to cry out,
and his master desisted, and told him he might go. Mr.
Inman followed him up stairs, when young Payne requested
him to look at the state in which he was. The defendant
declined, saying that "he could not help it," and, leaving
the room, locked the door. The boy, in company with a
twin-brother, who was at school with him, made their
escape from the house at 3 o'clock the following morning,
and having walked to Melton from thence, after
breakfasting with one of their father's tenants, pro-
ceeded by the railway to Leicester. On examining
the boy's back and shoulders, they were found
to be as described, by Mr. Fullager, a surgeon, Miss
Payne, the aunt, and Turner, a man servant, a mass of black
bruises, the akin being broken in some places, and blood
upon the flannel jacket. Fomentetiona were applied, but it
was some time before the young lad recovered the effects of
the injury he had received. These facts formed the
subject of the present indictment. Mr. Whitehurat,
for the defendant, contended that be had not ex-
ceeded the punishment which the boy justly de-
served, and that there was no evidence of malice. Man
witnesses of great respectability gave the defendant a high
character for humanity.—Le rd Denman thought a anions
assault had been committed, and he did not think it was re-
quired that in such a case malice should be proved. School-
masters had no doubt • right to administer correction, but it
must be done moderately, and not be disproportioned to the
offence committed.—The jury found the defendant Guilty,
but recommended him to the merci!ul consideration of the
court.—Mr. Hurafrey did not press for punishment.—Lord
Denman was happy to hear it.

CAMWM. Conan—Before Mr. Baron Rolfe.
MIIILDIRS BY PolBo2l.—Mary Anne Miller, an inte-
resting young married 1101111121, aged 27, was charged
with the murder of her mother-in-law, Mary Miller.
—The prisoner and her husband lived at a vil-
lage called Bernethy-le-wold. The deceased and her
husband resided in the same village. The old people
had been ordered to take some sago, having beset
unwell, and, though the prisoner was not proved to bare
mixed it, the bad stated she had given the sago to them,
being with them almost alone during their illness. The
mother-in-law died; the father survived, but has over
since been paralytic. Suspicion having been exerted by sub-
sequent events, the body was exhumed, and the presence of
arsenic detected. The facts in this can not being suffi-
ciently brought home, the was acquitted. The prisoner
was then arraigned for the murder of her aster-In-law,
Hannah Jickele. It would seem, from the testimony of one
Elisabeth Watson, that between eight sad nine o'clock
of the 30th of June deoeased mime to her and
asked if there was anybody in the house, because
if there was not she would tell her something,
but she was net to tell anybody. She went on to say the
prisoner had come to her house that morning, and said,
Why, you have no fire ; I'll lay you have had nothing
warm this morning, and if you will go with me I will fry
you a pancake"—that she went and had the pancake, but
believed the prisoner had put something into it, as she felt
ill—that she would have left the pancake but a lodger was
there, and she thought it would look filmaanered. The
prisoner was proved to have bought some arsenic of
a grocer in the village, stating she wanted to kill
some rate—Mary Winter proved the deceased called
at her house in the village about ten o'clock, saying
she had eaten some pancake given her by the prisoner and
believed she was poisoned and would die. She stated she
had not taken any poison herself, and had MOM had any in
the house ; that she then left and went to her own house,
the witness following her, where she saw her on her knees
I violently sick and saying the pancake had poisoned her.
She wished her husband to be sent for. She continued
and died about six the same evening. The witness told the
prisoner what Jickels had said, who cams and said,
Oh, Hannah, do you think the pancake has caused
you to be so ?" Deceased was too ill to make any
reply. The prisoner had been desired to keep what deceased
had thrown up, but when asked about it she said it had got
thrown away. Death was proved to have resulted from
arsenic. The jury found her guilty, and sentence of death
was pronounosd. There was • third indictment against the
prisoner if the sseond had failed. The prisoner betrayed
no feeling throughout the trials.

NORTHERN CIRCUIT.—Yeux, Jvi 20.
Nowa OUT.
TEM MIRIMILD MIIRDIES.—The whole of yesterday was
occupied in the trial of Patrick Reid, for the triple murder,
at idirfield, which wu resumed to-day.

II(Mewl M'Cabo said: I am 35 years of age. I have
Itawkid la the neighbourhood of Mirfield for the last flee
years. I knew Mr. and Mrs. Wraith, and was at their house
on the 12th of May last. I was out hawking that day, and
left home about eight In the morning. I was at different
places in Mhteld, and amongst them at the Shoulder of
Mutton Ina. I called thereabout twelve o'clock, and saw
Patrick Reid there. I knew him only by sight, and did not
speak to him. Front the inn I went to other planes, at one
of which I exchanged some pots for some rags, a
large bone, and a puce of rope. After a time I went
down the foot-reed to Mr. Wraith's house. I went
into the back yard, and set my basket down before the
kitchen door, which was shut. I knocked, but no one
answered. I put down my bag and waited a while, and
then knocked again. Then I heard • footstep, se if up
stairs. I heard at descending the stairs and become snore
distinct as it approached the kitchen. I knocked again,
and then the door was unlocked, and opened about six
inches, so that a man's face could be put out. 1 asked if
anything in my way was wanted, and wu answered in a
low voice, " No." At the same time I heard something
like a soft moan or sigh. On the wall, by the side of the
door, opposite to the latch, I saw sprinkles of blood. My
attention having been arrested by the white wall, the face,
and the marks of blood, I looked dawn on the floor, and
saw other marks of blood there. The person hold.ng the
door open, seeing me look down on the floor, partially
closed the door. 1, then retired a few yards off, and was
in the act of lifting my basket on my head, when I saw that
the window shutters were closed. I then went on my way;
and when I had got about forty yards off, I heard a noise, as
if the door was suddenly closed. There was only my basket
between me and the man who came to the door, so that I
was not more than a yard distant from him. That man was
Patrick Reid. When I left the house, I went on to John
M'Kinnell's, the King's Head-inn, at the top of the carriage.
road leading to Wraith's house. From there I went to
Smithson's, a few hundred yards off, where I smoked my
pipe,a Zijionkneedll's At heavy
hSenattrill showern's . of
7:: n fell
4.witrh.lnin,ll
went to Cherley Flint's, at Robert-town. I had some rags
and bones for him, and wanted to borrow some money from
him to purchase some glasses to take back to hlmfield.
Flint wns not in, and I waited till he came, and got from
him the money. I then went to Hightown to purchase the
alums. When Flint came in, after I had waited, he asked
If we had heard anything about the murders at Mirfield.
Being asked where, he said at Wraith's, where the old man,
his wife, and his daughter, had been found dead. I then
made a statement to Flint. When at Hightown I called at
my own house, but did not stay three minutes. I went back
to Flint's, where I saw Will Sheard, and we had some con-
versation about what I had seen. Then I started back
again for the Shoulder of Mutton, at Mirfield, with the pots
and glasses, but was apprehended by the constable, Lead-
beater, before I got there. I have known the prisoner Reid
for about seven months by sight, but not by name. I have
met him occasionally as we have been hawking.
Various other witnesses were examined, and gave the
same evidence u before the coroner's inquest and the
magistrates, all of which has been published; and we need
not repeat it.—John Noble, gaoler of York Castle, stated
that the day after Mr. Watts, attorney, visited M'Cabe,
Reid sent for witness, and seemed to wish to know
what had passed between M'Cabe and his lawyer. He
asked if I knew. Told him I did not. He hesitated a good
deal, and said something. I said the public believe that
two men could not do it. I also said that the police
were after two other men. I think it right to say that I
did not caution him, for I did not expect to be called on as •
witness. He then spoke (but I cannot recollect the precise
words) to this effect: " There was none in it, or none knew
of it, but them two." I did not put the words down, and
cannot be sure of the words. One said he used the word
" them." My " impression" was, be meant " them" two,
M'Cabe and himself. He said, " Us two."—Crota-exa.
mined : Will not swear that those were the words used ; for
it is possible that I may have been mistaken in their import.
The case fur the prosecution having closed, Mr. Serjeant
Wilkins addressed the jury in defence, in • speech of three
hours' duration, contending that the evidence was insuffi-
cient to show that Reid was the guilty party ; but that, if
it proved anything, it was that M'Cabe had himself com-
mitted the murder. No witnesses were called in defence.
At twenty minutes before six o'clock, his lordship com-
menced summing up, laying considerable stress on the com-
munication made by Reid to Mr. Noble, the governor of the
gaol.
The jury, after being absent for two hours and forty
minutes, returned a verdict of Not Guilty.

NORTH WALES CIRCUIT.—CAINAPSON, Jutv 20.
Before the Hon. Sir W. 11. Sleek, Kat.
The learned judge, in his charge to the grand jury, briefly
adverted to the state of the calendar, which exhibited some
half.doren felonies, larcenies, and miedemeanours.
IMPUTED PIUS nut( .—Edicard Evans, an attorney's clerk,
iadicted for perjury at the last assizes, and who traversed
over to the present assizes, surrendered to take his trial. He
pleaded "Rot Guilty." The accused was charged with
having, as the principal witness in an action brought in the
court of the sheriff for the county, against the Dinorwic Mill
Company, by his employer, Mr. R. B. Griffith, solicitor, to
recover a bill of costs, amounting to 81. 35., for professional
service', sworn falsely that the partners of the above mill
had instructed the said R. B. Griffith to raise a certain sum
of money on the aforesaid property, which, it was contended,
was false. In consequence of his evidence, his r mployer
obtained a verdict for the amount claimed.—The evidence
having been heard, the judge summed up, and the jury re-
turned a verdict of Not Guiley.

POLICE.-YESTERDAY.

BOW-9 MEET. FORGERY. John Finlay was re.
examined, charged with uttering two forged cheques for 11.
each, on Messrs. Coutts' bank, both purporting to be signed
by Lord Skelmersdale. He was remanded on Saturday, that
he might have an opportunity of going to Birmingham to
seek a person named Wheeler, who he said had given the
first to himself and the second to his father. This person
had been found, and was brought up this morning. Mr.
Mullen, said that he was at present only prepared to go on
with the case an to the first cheque, as he was not prepared
to prove the uttering of the second, which had been uttered
to Finlay's father. The evidence given in our paper of
Monday was repeated, and Finley was new examined as a wit-
ne6ll. He repeated the statement he had given in defence on
the former occasion—that he had received the first cheque
from the prisoner in payment for a pair of trouser*. The officer
who had been sent to Birmingham, said that when he took
the prisoner into custody he said it was not a forgery, and he
would be able to set it all right.—Mr. George (Messrs.
Coutte' clerk) proved an envelope found on the prisoner to
be in Lord Skelmersdale's handwriting; a prospectus was
also found on the prisoner, of the " Lanies' Society for the
more effectual Suppression of Cruelty to Animals." The
prisoner was the secretary, and Lord Skebnersdalc was a
subscriber.—Mr. Henry having expressed his intention to
remand the prisoner, after some discussion as to the most
convenient time, it wan agreed that the prisoner should be
remanded till the 10th of August.—Mr. Finlay complained
that a report had appeared in some of the papers highly
injurious to his character as a tradesman.—Mr. Henry said,
that as the case stood on the former occasion there were
strong grounds for suspecting Mr. Finlay ; but as evidence
had now been given which completely exonerated him, he
(Mr. Henry) had no doubt the same publicity would be given
to it as to the statement complained of.
MARLBOROUGH-STREET. Buyswo • House.—
John Savage, horse-dealer, was charged with having de- I
trended Mr. George Mansfield of 181.—Mr. Mansfield went
to Aldridge's Repository in St. Martin's-lane to buy a horse,
and engaged him to assist him in buying one which was for
sale on Tuesday. On that day the defendant said to him,
" Oh, the horse won't be sold yet, it's at a high figure in the
catalogue." Witness went into a pubLic-house : -two persona
came in who appeared to be busily engaged in driving a
bargain for a horse. They could not come to terms, and one
of them made an appeal to him to look at the horse. De•
feclent, as if accidentally, came in, and said that it would
bees well to look at the horse, as it might turn out a bargain.
When they got to the stable, a hone was shown. The de-
fendant looked at the animal, pronounced it perfect at all
points, and whispered him to buy it immediately.
Complainant declined buying of the two men, but
told the defendant, if he chess to buy it, he
would repurchase it of him. The defendant consented to
this arrangement, and complainant gave him 181., the
price asked, which was given to the alleged owner of the
bone, who told him to take away his berm. Complainant
said he had not bought it, but he was told that he and
no one else had bought it. Complainant then gave defendant
into custody far the fraud. The hone had been sent to the
green-yard to be sold for ex es. —Mr. Hardwick said that
whatever might be the real character of the transaction—
and of that there could be but little doubt—the complainant
had made a debt of it, and therefore his remedy against the
defendant was not by a criminal process.—The defendant
was willing to give his I 0 iT for the debt. He should,
however, take further notice of the way he had been treated,
and he therefore requested the complainant to give him his
card.—The complainant said he should give Dim no card, nor
should he receive en I 0 U from him.—The defendant
was then
CLERKEV&L.—CONFZeBIO9 OP MURDER. —John
Ramsay was re-examined, charged, on his own confession,
with the murder of Mr. IL. Williams, in November, 1844.
The first examination was reported in ourpaper of July 13.
Further evidence was taken, confirming the prisoner's state-
ment of his_guilt, and he was remanded for a week.
THAMES.— hilarootneo.— Five HUNDRED POUNDS
PENELTIRS.—S. Skotthe, 1. Kanechin, E. Moller, O. Drat*,
and M. F. Mielke, seamen belonging to the Prussian Ship
Selina, lying in the river, were charged with smuggling
361 be. of tobacco, which had not paid daty.—Mr. Potbury,
clerk to the Solicitors of Customs, appeared on behalf of the
crown. The two first-named prisoners pleaded guilty, end
were at once sentenced to pay a fine of 1001. each. The
ethers pleaded not guilty, and evidence was gone into. C.
A. Davis, a custom-house officer, hearing that tobacco was to
be run from the ship, went on board and saw Mielke with
the other prisoners on deck, with a bag in his band. On the
officer boarding the vessel all the prisoners went into the
round house, and were followed by Davis, who found a sack
containing 36 lbs. of tobacco. There was a small quantity
of tobacco in each of the prisoners' berths, which did not for m
the ground of objection, and was only retained by the
men for smoking, and had been reported to the revenue
officer who " rummaged" the vessel. The prisoners, who
pleaded not guilty, called the men who pleaded guilty as wit-
nesse., and they said they were in bed and asleep at the time
the officer came on board and knew nothing of the matter.
This evidence, after their plea of guilty, created much
laughter. Evidence was given, clearly showing that the
prisoners intended to " run " the tobacco, and that it was
imported in illegal packages—the law only allowing tobacco
to be imported in packages each containing 300 lb. or more.—
Mr. Yardley said the ship was liable to forfeiture, and the
whole of the crew on board at the time the tobacco was found
to the penalty. The prisoners only had been selected, and

very wisely, and be sentenced them to pay a line of 1001.
each. The Are Prussians were committed to gaol for six
months in default of payment, and informed if they had any
application to make fur a mitigation of the penalty, they
mast pnition the Board of Customs.

MONEY MARKET.

WiDNISDAT EVIN7/10.

The funds present the rather anomalous feature of
a decline day by day, fractionally gradual indeed, but
in the aggregate amounting to importance, in the
absence of any operations of magnitude, sufficient to
indicate that capitalist speculators had come to the
conclusion that prices were too high and could
not be supported. Consols at the close of business
had fallen to 881 to for money, rind 88/ for account.
The difference of per cent. lees upon the prices
of yesterday is not so much of importance for
its amount, u for its being in continuation
of a before declining market. Dealings took
place indeed 1 per cent. lower for money, but
the rates substantially were as stated. Reduced
Threes, 891 to i. Three-and-a-Quarter per Cents.,
904 to 11. Long Annuities, 9 1-16 to „-. Consols
scrip ato prem. Exchequer Bills, tits. to 11s. prem.
India Bonds, 53. to 10s. prem. Bank Stock, 197 to
8. India Stock, 244 to 6.
_ . .

It is the exceptional feature of the stock market
before referred to, which imprints upon this gradual
depression of prices a more legitimate, and at the same
time a more discouraging, character, than it would
possess if, in reality or appearance, it were the result
of speculation carried to whatever length for an object
in view. Money is becoming more in demand, and ac-
commodation more "tight." The signs of this are
visible enough to all observers. From having surplus
funds in lodgment with discount houses is theeity on
call, or for time, on beneficial returns of interest, the
country banks, or many of them, it is understood,
have not only been recalling these fends, but are re-
quiring extra accommodation themselves, in the shape
of re-discounts, or have been bringing portions
of their public securities to market, either for sale
or to raise loans upon, for the supply of their
own wants, and to meet the claims upon them in
their own localities for customary facilities. This
will be more peculiarly the case with the banks in
rural districts, and with agricultural constituencies,
now that the operations of harvest have commenced
I when so much more for wages and general expendi-
tare has to be disbursed.

For money supplies the country banks are not
without competitors, who bid high for them more-
over, with the additional important inducement to
lenders of the security of the high rates for a term of
years. Various railway companies of the first rank
are in the field,:inviting tenders for loans at 5 per cent.
for terms of three to five years secure. These
tenders, liberal as they are, and more so as
they would have been esteemed some few months
since only, are by no means so eagerly sent in now as
they were, and would have been, some three months
since only. It will be remembered that somewhere
about that time the London and North Western Com-
pany, which may be fairly placed at the head of all
the railway interests, advertised for tenders for a
large loan at 5 per cent., in sums of not less than
3,000/. each. So greatly, and justly also, was the
security esteemed, and the terms no less so, that the
list of subscribers was filled up within a few hours,
and they who applied for a share the day after were
about a day too late. Complaints were made, besides,
that a certain injustice was done to the general public
by fixing the lowest amount of each tender of loan so
high as 5,000/. This loan operation took place at the
precise period too of the money crisis, when the Bank
of England was laying on the screw. It is curious to
mark the reverse now, when, apparently at least, the
Bank is under no disquietude, and, though money is
rather more scarce, yet there is neither monetary
nor commercial crisis. The same great railway com-
pany is again advertising for tenders for loans at 5
per cent for a term of years, with the before so desired
intimation that tenders would be admitted for sums
as low as 1,0001. What may be the precise extent toil
which offered subscriptions may have reached cannot
of course be known out of the directorial cabinet,
but as the advertisements have been and are still con-

tined from day to day, It may be safely inferred that
the list is not yet filled up, nor the sum required
completed. Other railway companies advertising for
loans are not, it may be presumed, much more favour-
ably answered.
It will thus be more distinctly understood why
money accommodation is less easy than, so close upon
the payment of dividends, and without any extra-
ordinary town demand, might otherwise appear to be
explicable. The fall in Exchequer Bills is significa-
tive of the fact of their being brought to market for
sale, or to be loaned upon, by banks having occasion
for money. These are usually the largest holders of a
securities so convenient to raise finds upon, and carry-
ing meanwhile a daily return of interest.
It was reported to-day, that the directors of the
Bank of England, not unobservant of the signs of the
times, were not so free of discounts as before ; that,
indeed, they had rather advanced their rates, and were
requiring 51 per cent. upon first-claas paper. The
report is given as it was it, circulation, without
vouching for the fact, or having had a convenient
opportunity for ascertaining its correctness. The
Bank, however, would stand quite justified in such
a course of action on the sole ground of the French
loan impending, and the continued decline in
foreign exchanges, which, it may be fairly assumed,
lie and has been the result in some, if not in a great,
degree, of the draining combinations of capitalists who
are already committed to that financial operation. It
is in the interest, and for the security of the Bank to
prevent hard money being taken out of the country in
present exigencies as much as possible, and in any
case to make it dearly purchased.
The foreign market was in the same inactive state
as usual, with scarcely a change in quotations for the
most part nominal. Brazilian, 84 to 5. Mexican,
19 to t. Dutch Two-and-a-Half per Cents., 571 tot ;
the Fours, 901 to 1. Spanish Fives 211 to t ; the
Threes, 311 to 1. Portugueee,3ol to 1 Danish, 85
to 7. Russian, 111 to 112. Peruvian, 35 to 7.
1 A communication from the Spanish American
committee elsewhere explains, as this morning was
anticipated, the case as it stands respecting the nego-
tiations with the government of Peru about the debt

Bask Stott, 199 South Be. Block, 9611
11 per Ct. 1.01. Bei Drawls fee AM., 09 9 03
3 per Ct. Carole Aar .149 i 3 Prr CI. C 00.19 DerlP. I P.
Now le Pet Ct. Asia*, 911 ooi I 1 ka. sum. LI AN. ft , 0 II I p.
Lose Asaa.,exp. Jan 0,1160.91- 111 Ditto, £550, 11 IS p.
ladle Stork, 1111 Ditto, *mall, II 11 10 IS p.
Do. Boob, .Cl,OOO. 10

. .
TOILEION 11,13WDS.
$ per Ct. BratMee Deeds. $4 4 per Ct. Spaitha Hoods, Dlv. ft=
r,
per Ct. do. New Hoods, 18/9 mid 1 Nov 1810, 24 I
1889, 129 11 per Ct. tipsitlek Reeds. 111$
29 per tit Data Ys.. l 9 gait, 47$ l9 per Cl. lie. eh B:. II dell .471
0 per Ct. 1dea1.8.1844.191 4 per Ct. Diu* Certificates. $1 90$
DWG, 1104.,Ju17 36,199