The Express.
London, England, 1847-11-17 00:00:00

COURT OF QUEEN'S BENCH.

Ex PLATE Trig Rev. JAMES PIINCII Lii IN FEN
NATTER OF GUTTEXIDOE.—CRIMINAL INFORMATION.—
The Attorney-General moved for a rule to show cause why
a criminal information should not be filed against a gentle-
man named Gutteridge, a surgeon at Birmingham, for
like( on the Rev. James Prince Lee, Bishop elect cf Man-
chester. The libel complained of was published in the news-
paper John Bull, but had also been published in others, and
communicated to a great number of journals throughout
the country. It was the last of a series of attacks to which
Mr. Lee had been subjected by the same gentleman, and
which, relying es well on his own character in his own
neighbourhood as on the estimation in which Mr. Gutteridge
was there held, he had hitherto disregarded. • The elevation
of Mr. Lee to the lee of Manchester, and his consequent
removal to another district, and more exalted duties, seemed
to hire to render it neecesuy thst he should at once take
steps fur defying Mr. Gutteridge to substantiate his charges ;
and the publication in a metropolitan newspaper was se-
lected, because it was thought right not to proceed for a
publication in Manchester itself, and also fair to Mr. Gutte-
ridge to overlook the acts of publication in Birmingham.
The libel in question was contained in the following two
letters, signed with the name of Mr. Gutteridge
To the Editors respectively of the Pnblic the*, especially in Loudon
and the Diocese of Mancheeter.—Sir,—l beg pernsiesion, through
year columns, to Lay before your re tiers the copy of a letter I have
felt it my duty to address to the archbishops and bishop. of the
church of England and to the chief miniver of *he crown on the un-
fitness of James Prince i.e., the present head master of King Ede
ward's School at Birminehain, the the office of a bishop. 1 beg leave
also to Infirm the maristrates, Merry, and other Inhahitants of the
diocese of Manchester that I am ready, if they desire it, to come per-
small,- among them, and state publicly the reasons why they should
Promptly and strenuously and by 211 means rcsLst the unpoettion
of James Prince rue upon them as a bishop.
My Lord,—There rinpearol in .114 i., dieniinglarme G met c of the
lrith inst. the folinwing announcement : "It offends us sincere gratis
flinstion to learn that the Rev. James Prince Lee, MA., the learned
and indefatigable head master of King Edward's School in this town
is to be the new Bishop of Manehestv, an eminence to which
he is justly entitled." Believing that it is intended that James
Prince Lee shall he the new Biehop of Manchester, I feel boned in
duty to the church to warn your look:tip in the most eaic:un and
earnest manner that James Prince Lee is morally di-qualified for the
office of a bishop of the church of Lnelitort. 1 resp,tfully request
you also to receive this my protest against any meta being taken to-
wards admitting James Prince Lee to th • etilsentwite, until be shall
have A itisfactiirilr cleared himself of the charges that now lie *mime
him, undisproved, of having been guilty of lying, drunkenness, sod
malignity. f also denier re-pee:fatly to assure you that lam ready,
whwiever called nom by proper authority, to substantiate the theme
I have made against Janes Prince Lee.
With regard to those charges, it appeared that Mr Los
had been promoted from the office of second master of Rugby
School to the head mastership of King Edward's Grammar
School, at Birmingham, and also became a member of the
committee of the Blue-coat School there, and also of that of
the hospital. A dispute as to some matter* connected with the
hospital took r lace between Mr. Gutteridge and a gentleman
named Hodson, the medical attendant of Mr. Lee; an attack
was made on Mr. Hodson ; inquiries were instituted, end
Mr. Gutteridge ceased to be surgeon of the hospital. This
led to a charge by Mr. Gutteridge against Mr. Lee ; the
matter was investigated. the conduct of Mr. Lee was ap-
proved of by the committee, and that of Mr. Gutteridge wan
censured. The next charge against Mr. Lee was that he had,
in a state of intoxication, attended the sick-bed of a boy in
the Blue-coat School. Mr. Lee was enabled to fix the date on
which he had attended the sick-bed of one of those boys. It
was on the 14th of January, 11141. He had been rent for by
Mr. Foster, the master of the school, but declined to go
until it should have been ascertained that the clergyman of
the parish was unable to attend. This baring been ascer-
tained, Mr. Lee walked down to the school in company with
Mrs. Lee. After visiting the sick boy, he went into the room
where prayers were read to the boys after supper, heard the
prayers, end then, at the request of Mr. Foster, the
master, addressed the bogs on the gospel of the day. The
affidavits of Mrs. Lee, of two ladies who were present, and
also of two gentlemen present on that occasion Posted that
Mr. Lee had addresser,' the boys in the manner habitual to
him, and had not exhibited the slightest signs of intoxica-
tion. The next charge wee, that Mr. Lee had read evening
service at Bishop Rya, is church whi n he wits in a state of
intoxication. To this it was answered oa affidavit that Mr.
Lee had on two °tensions read Cie morning and evening
services at that church in coneequenci of the illness of the
incumbent and the indi.poeitiou of the curate; that two
clergymen of the neixhbourhired Lad come forward to give
their assistance at the evening serric; that both were in
the vestry with Mr. Lee before the commencement of
service ; that one of them preached ; and that,
though Mr. Lee had read in a nervous manner, as was
his habit, he had not exhibited the slightest symptom
of intoxication. The affidavits of the Bishop of Worcester
and other persons of station, with whom Mr. Lee has had
to transact business, act forth that they had never observed
anything in Mr. Lee that would justify them in giving
credit to such a charge; so also the affidavits of soma
mat intimate friends of Mr. Lee, who had been
in the habit of visiting him at all hours, and
unexpectedly, and whe thought that he was a re-
markably abstemious man. The medical attendant of
Mr. Lee also stated that he was a very abstemious
man, and thet his eyes had for a long time been in such a
state from intense application that any cereal 'could be sum
to produce inflemmanon in them. Finally, Mr. Lee moat
explicitly denied the charecs, and the affidavit of the Bishop
of Worcester and other friends of Mr. Lee stated that they
had hitherto advised him to disregard the former attacks of
Mr. Gutteridge, but had et length counselled him to notice
in the present form that now complained of.—Lord Daman :
Take a rule. Cause must be shown this term.--Rule nisi,

BAIL COURT.
Before Mr. Jastkeystteson.

IN TEE MATTER OT W. C. WRIGILT.—MOTION TO SET
ASIDE A WARRANT OP ATTORNEY AND JI:DOXENT ON
WHICH A PRISONER IS CHARGED IN EXECUTION.—Mr.
Fortescue moved to charge in execution W. C. Wright a
prisoner. —Mr. Lush, on behalf of the prisoner, moved for
a rule to show cause why the warrant of attorney,
and the judgment on which it was sought to charge him in
execution, should not be set aside. It appeared that the
plaintiff, Mr. John Mynde Cooke, had acted as attorney for
his brother in an action against one Baskin], and after judg-
ment had been obtained an agreement was entered into be-
tween Wright, the present defendant, and Mr. John Mynde
Cooke, acting fur his brother, for the purchase of the judg-
ment, and 2.501. was given .fir tho assignment of that judg-
ment, part of which was to be paid by a bit of exchange,
and the residue by a warrant of attorney, both of which in-
straments were executed on the 22nd of June. Mr. John
Mynde Cooke then gave an undertaking, signed by himself,
on behalf of his brother, to procure the assignment of
the judgment, ky which 3502 bad been recovered.
The warrant of attorney was however made in favour of
John Mynde Cooke, and not of his brother, and he now
sought to charge the defendant in execution. Applications
had been made to Cooke for the assignment of the judgment,
but he had made no answer, and be therefore held the war-
rant of attorney and bill of exchange without consideration.
—Mr. Jastice Patteson doubted whether this was a reason
for setting aside a warrant of attorney, but granted a rule to
show cense.
Ex TARTE BODENXAM IN THE MATTER OF —.—
CONDUCT OP AN ATIOILNEY.—Mr. Willer moved, on
behalf of a Mr. Bodenham, fur a rule calling on
an attorney of this court to show cause why he
should not be struck off the roll. It appeared that
Mr. Bodenham had employed the attorney in question to
conduct his law business generally, and also to collect his
rents and attend to pesuniary business involving several
thousands a year. Between the month of February and
August in this year nearly 7,000/. had been received by the
attorney, and 6,0001. had been expended by him on behalf
of his employer. Mr. Charles Bodenham, the son of Mr.
Bodenham, the applicant, had effected two insurances on the
life of his father, one in the Crown Assurance Office for
1,0002, and another in the Law Life Assurance, the pre-
miums on which were severally due on 12th and 31st May.
Mr. Bodenham also paid to his sister, who resided in
France, an annuity of 2001., and instructions were given
to the attorney to pay these premiums and this annuity.
The attorney opened an account with a Hereford bank on
behalf of Mr. Bodenham, and which was designated by the
name of his residence. From this bank, in May last, the
several sums of about 1901. and 1801. were drawn out by the
attorney, on the plea of paying the premiums on the two
insurances, as well as another sum for the payment of part
of the annuity. In August last the attorney left his place
of business and had not since returned. Upon inquiry it
appeared that neither of the premiums had been paid, and a
compromise had been made with one office and a penalty
paid to the other, in order to save the policies ; and besides
this the annuity had not been paid to Mr. Bodenham 's sister,
but all these turns had been applied to the attorney's private
purposes. He had also discharged a debt of his own to the
Hereford bank, amounting to 8002, by the transfer of Mr.
Bodenbam's account.—Mr. Justice Patteson : I do not see
that this was employment as an attorney, but merely as a
general agent —Mr. Willes contended that this case came
within the principle laid down in " Ex paste Aitkin." The
affidavits stated that the attorney was retained to conduct
Mr, lkidenham's law business as well as his general affairs.
At any rate this was such a gross case of dishonest conduct
in an officer of this court that he ought not to be allowed to
remain on the roll.—Mr. Justice Patteson was not aware
that there was any instance of striking an attorney off the
roll unless for conduct which was strictly in his profession.
He would look over the affidavits before giving his decision.

COURT OF COMMON PLEAS.
Sittings in Banco.
Ragan) r. LEAP.—CLAIM POE LITEB,AIIY CONTRIRE-
TION/4.—Thil was an action brought by the plaintiff, Mr.
John Abraham Reraud, against the defendant, as the pro-
prietor of the Foreign and Colonial or New Quarterly
Review, to recover 1121. 10s. for certain articles supplied to
that publication. The case was tried before Mr. Justice
Coltman, at the last assizes for the county of Surrey, when
• verdict was found for the defendant —Mr. Serjeant Shee
moved, a few days ago, for a rule to show cause why that verdict
should not be set aside and a new trial had on the ground
of misdirection, and that the verdict was against the weight
of evidence. It appeared in evidence that the above-
mentioned periodical was established in the month of March,
1843, and that the plaintiff continued to write article. for
the Review until some time in the present year. The Rev.
Dr. Worthington was appointed editor of the publication ;
and a gentleman named Powell was employed to
assist him in that capacity. Mr. Powell wu also
requested to obtain contributions for the Review ;
and the defence set up in the present case was,
that the articles written by the plaintiff were fur-
nished to that gentleman gratuitously. It wu further con-
tended that Powell had suppressed the plaintiff's name, in
consequence of the editor having made certain objections to
the tone and spirit of some of the articles. The plaintiff,
however, proved that literature we, his profession, and that,
therefore, it could not be said that he had written for the
Review without regard to payment. It moreover appeared
that be (the plaintiff) was quite unconscious of the fact of
Powell having concealed his name from the editor. On the
grounds above stated the learned counsel contended that
the plaintiff was fairly entitled to a new trial.—The court,

baring taken time to consider, delivered judgment this
mornieg. It was contended fur the plaintiff, that a eintract
ha I been entereffinto, by which the proprietors of the Renee-
were made responsible for any engage ments that might be made
by Powell. The question therefore was, whether or not
rowel: ever had any authority to obtain articles upon the
credit of the proprietors. The learned judge at the trial was
of opinion that the written instrument put in evidence did
not give Powell any such authority, and the court now
thought that that .tpnnion was correct. There was a further
question as to whether the editer of the Review had received
the articles upon the understanding that they were supplied
gratuitously, or that the plaintiff would des;re payment.
The jury fund by their verdict that the editor did not un-
derstand, when he received the article', that they were to be
paid err, and the court were of opinion that the jury were
warranted in so finding. A question arose with regard to
the fact of Powell's having suppressed Mr. lieraud's
name as the anthor of the articles, and it was con-
tended that that suppression ought of itself to be suffi-
cient to deitroy the plaintiff 's right to compensation. It
appeared, h wever, upon this point that something more was
proved than the mers fact of suppression, for the editor had
been ir.formed that the articles wt re written by a foreigner,
or 67 a person who had lately come from abroad. This fact
carried the case much further in favour of the defendant,
inasmuch as he conld not have supposed, under such circum-
atanoef,thst the plaintiff had furnished any articles to the
Bering. On the whole, the rule must be refuted.—Rule
refused.
LEADER AND COCKS s. PCRDAY.—Thii action. which
was brought for the alleged infringement of the copyright of
a musical c enpnaitioo called" Pests)," was tried before Mr.
Justice Crewmen at Ouildhall, and a verdict found for the
plaintiff with nominal damages—Mr. Serjeant Biles, in
pursuance of leave reserved be the learned judge, now moved
for a rule to shsw cause why the verdict should not be
entered for the defendant, or why there should not be a
nonsuit or a new trial. Th 7 motion was grounded upon
certain points of law, which were et served in the course of
the trial for the decision of the judges, and also upon the
refusal of Mr. Justice Cresswell to receive certain evidence
which was offered on the part of the defendant.—The court
granted • rule.

COURT OF EXCHEQUER.
Sittings in Banco.
Ex PARTE STENS:I a, IN SE THOMPSON.—EQEITABLI
JUItISDICI.v,i UV ME COURT AS REGARDS AITOKNEYA.
—Mr. Watson applied fcr a rule directed to Mr. Richard
Thompson, an attorney of the court, calling on him to show
Cause why a portion of an apprentice fee paid to Thompson
in 1940 should not be refunded, the young gentleman who
was articled having died just one month after the execution
of the articles of apprenticeship. It was admitted that Mt.
Stevens, who paid the apprentice fee of 2004. for his deceased
son bed no remedy at law, and that there was no reported
case precisely in point ; but it was submitted that the court
had interfered iu analogous cases, as, where the master of an
articled clerk in partnership with another attorney
died at the end of two months, and the surviving partner
was compelled to refund a portion of the premium. The
court exercised its jurisdiction under such circumstances, not
upon technical ruler, but upon principles of equity and fair-
ness, to which its owu officers were bound to submit. The
court thought the measure suggested rather a strong exer-
cise of its equitable jurisdiction, but deemed the application
deserving of consideration, and therefore granted a rule to
show cause.

New Trial Paper.
OLLIVI V. BOOKER. —CHARTER PARTY. AGREE-
YENT.-Mr. Watson and Mr. Greenwood showed cause
against a rule which had been obtained in this case by the
plaintiff to enter the verdict for him on the Ath plea. The
action was on a charter party of a ve,sel from Marseilles to a
port in England. and the point chiefly discussed to-day was
whether the allegation in the charter party, that the ship in
qu,tion was then at sea, haying sailed three weeks
from Gei,oa on her voyage to Marseilles, was a
start of the contract or agreement on which the
plaintiff mid Aefendant had entert.: into the &tater
party, and ought to be correctly provel by the plaintiff as
a condition precedent to his right to enforce the charter
party, or au a mere representation which did not so mate-
rially affect the liability of the defendant to him. ft was
now urged that these words were essential parts of the
agreement, and that the fact that the ship had been at sea
two weeks only, instead of three, as was alleged by the
plaintiff, might materially have affected the conduct of the
defendant in entering into the contract at all.—Mr. Crowder
and Mr. Brook were heard on the other side, but the court,
without any hesitation, pronounced it to be their opinion
that the circumstance in question was a part, and an essen-
tial part of the agreement, and ought to have been proved
by the plaintiff so a condition precedent to his right to sue
the defendant an the charter tairtv.—Rule dissolved.

COURT OF BANKRUPTCY.
Refire Mr. Commireioner Fonblanque.
IN RE MAI:DE, JONES, AND ASPDIN.—TAE CEMENT
TRADE.—These bankrupts, who were Portland cement ma-
nufacturers, carrying on !making at Northtieet, applied for
titecirerint and separate certificates. The balance-sheet em-
a period of fifteen months, and showed the debts to be
10,1341., and the saute about 1,4091. ; profits, 4971., and
expenses, 2,4791.—Mr. Lawrence, upon behalf of the
usignees, opposed the application now made by the bank-
rupts, on the ground that they had made an extravagant
outlay of 13,3231. for machinery and building a " plant,"
and that certain of the bankrupts had not brought into the
concern the amount of capital which they had undertaken
to do.—Mr. Jones, solicitor upon behalf of his brother (the
bankrupt Jones), said that his client had been a very great
sufferer in consequence of his haring had dealings with
this firm. He brought in a capital of 1,5001., and during
the whole trading had only drawn out of the firm 1101.
Upon behalf of Aspdin, it was stated that he was the
working man, and was not required to bring any capital into
the concern.—His Honour said that this was an unfortunate
cue of speculation (respecting the "plant"), and it was ex-
ceedingly difficult for any man to form correct estimates on
bull , and it would be bad policy to let it go forth to the
world that a man was at liberty to eater into speculation ;
and the present was clearly such a caw. The expenses of
one of the partners were exceesive, but that of Jones was
marked with exceeding moderation, and therefore a distinc
tion must be drawn between the bankrupts, Jones having
lost all his capital. Aspdin had drawn out no more than
the salary of a foreman in any factory like the one in question.
His Honour must therefore consider that the bankrupts Maude
had failed to bring in the capital promised, which the court was
of opinion caused this failure. The certificates of the Mews.
Maude must be suspended for three months, and those of
Jones and Aspdin be granted forthwith.—Protection was
granted to the Maude'.
IN RE ATKINSON WILILIN.—THE EAST INDIA AND
LEVANT TRADE.—This bankrupt was a partner in the firm
of Beattie, Macnaughten, and Co., the extensive Bast India
and Levant merchants, who failed some short time since for
upwards of 400,0001. Wilkin applied a few days since for
his certificate. The court then considered it a case for close
investigation, and deferred giving judgment till this day.—
His Honour now said : The learned counsel (Mr. James)
entered a strong case against the bankrupt, and, if he had
supported it, I should have Impended the certificate for a
great length of time ; but he left it unsupported, and there-
fore I can take no notice of it. But I must remark that it
was only by the interference of the official assignee that the
bankrupt was induced to make • balance-sheet, with which
lam net satisfied. Mr. Lawrence called upon the court to
take into consideration the fact that the bankrupt had been
without his eertdicate for a length of time, there having
been several adjournmeats ; but that was his own fault, and
he ought to have filed proper accounts in the first instance.
I must suspend toe certificate for six months.

SOUTHWARK COUNTY COURT.
Before Nome, Esq., Judge.
ROT O. CUTHOHRT.—Ex. PARTE PAITCHARD AND AN-
OTHER, HIGH BAILIFF, &C.—LIABILITT OF HIGH BAILIFF
FOR THE CONDUCT OP HIE OPTICREIL—This was an appli-
cation by the plaintiff, under the 116th and 116th sections of
the 9th and 10th Vie., c. 95, against Mr. Pritchard, the
high bailiff, and a person of the name of Beale, who acts
as is clerk, under the following circumstances :—The plain-
tiff brought an action against the defendant in this court and
obtained a verdict for 61. damages and costs, which was
ordered to be paid on the 19th ; default being made, an execu-
tion was issued on the 25th, and sent to the high bailiff to
be executed: the plaintiff finding that although the de-
fendant WAt in good circumstences, no levy was made, per-
sonally made repeated searches and applications at the
high bailiffs office to the clerk, Beale, bat was unable to
obtain any satisfactory explanation or roman why the execu-
tion was not levied ; the plaintiff called again on Nov. 3, and
again saw Beale, who ;stated he had taken the execution
out of the officer's hands, as he had seen the defendant, and
the money would be paid on the following Saturday ; the
plaintiff again called, but being unable to obtain any satin-
factory explanation, notice was given that this application
would be made to the court. The 116th section empowers
the judge to order the bailiff of the court to pay the
amount of the damages and costs, if it shall appear
that by the fault of any bailiff who should be employed
to levy any execution against the goods and chattels
of a defendant, the plaintiff shall have lost the oppor-
tunity of levying such execution, and the 116th section
empowers the judge to intik< Gosh, and to proceed in
a summary way, by penalty or Iwo. up= any clerk, bailiff,
or officer of the court, who &Said be charged with miscon-
duct, or for not duly paying,t mounting for monies received
under the process of the court—On the part of the plaintiff
it was contended that saflialmst vas shown to render the bailiff
liable to pay the cliemegesmiesohander the 115th section, and
to the infliction of mills the clerk Beale under the 116th
section.—The Hies gesillooed Beale, who explained
that the difficulties boa orlon owing to his having received
a crossed check hots the dehodent in discharge of the axe.
cation. —The learned lodge, who had taken time to con-
sider the point raised Infer the 116th section, in giving
judgment, said he wee_ opinion a clear case had been made
out against the high MOW, and he should therefore order
him to pay the MIMS& Ot the damages and ;costs, but with
respect to the other part of the application, he was of opinion
that Beale, being &mere clerk of the bailiff, could not be
considered as an oilier of the court, and did not come within
the meaning of the 116th section, the words being expressly,
" any clerk, bailiff, or officer of the court i" he should there-
fore dismiss that part of the application. fhe plaintiff might
etch any remedy he might be advised by an action on the
case.—The high bailiff immediately paid the damages
and costa.

POLICE.-YESTERDAT.
OHILDHALL.-Bnaar-arttat.tso.—W. Malley and E.
Feral: were charged with stealing a sheep front one of the
pens in Smithfield-, the property of Mr. H. Duckworth, of
Finchley-common, salesman. On Monday week, Yoxall
was seen to open a pen in which there were 20 sheep, and
drive one out. He closed the pen, and began pushing it along '
until he got halfway up Long-lane. He then tied its legs to-
gether, and asked a person named Curnick, who had followed
him, to help him to lift it on his shoulders. Curnick accused J

him of stealing the animal, upon which he said that he hod i
purchased it, and offered to go back to the alderman with
him. Curnick returned to make inquiries, and the prisoner
strove the sheep into a house in Starch-alley, near Middle-
row, Old-street, where it remained until the prisoner, ac-
companied by Malley, returned with a truck, in which they
, carried away the sheep. At this place they were watched
by a person named Maynard, who gave information to the
' police. Yoxall then ran away, while Matley went on with
the truck, which was afterwards found with the 'sheep in it,
still in Motley's possession, in the City-road. When asked
I where he got the sheep, he replied " that he was hired as a
porter to take it there." Ile afterwards drew the truck back
to Smithfield.—Matley still persisted in his statement as to
being hired as a porter, while Yoxall declined saying any-
thing —Alderman Gibbs committed them both for trial.
M.ARYLE BON E.—TaiE EOSIBERY ET A SHOEWOMAN.—
Ann Simons, Mr. Iliekman, and Benjamin Simons, the
father of the first-named prisoner, who was shopwoman to
Messrs. Marshall and Stanton, silk mercers, Vere•street,
Oxfordetrect, were mertentined, Ms Simons being chee7;'.,
with having stolen goods from the house of her employers to
the am .unt of from 2,0001. to 3,0001., and the two latter
personsnowgwttliortcatvievi receiving a great portion property,inspicr
of the I) division, brought forward some additional witnesses
whose evidence wu principally corroborative of that which
on previous investigations had been adduced.—ln order to
afford time for the completion of the depositions, the prison-
, era were remanded till tomorrow (this day), when they will
be committed for trial.
WORSHIP-STREET.—Tun ALLEGED MATRICIDE .11'
HACKNEY.— W. Slaeridna, a clerk in the Excise-office, was
' re-examined, charged with having poisoned his mother, the
widow of a criteria in the army. Frances Johnson. the de-
ceased's grand-daughter, stated that on the Sunday week
prior to the death of the deceased she was sent 17 the pri-
soner for some gin, and after handing a pia., of it to her
' grandmother, who then appeared in her usual state of health,
she went to school, leasing her and the prisoner alone toge-
ther. On her return she found her grandmother lying upon
the sofa in a state of extreme sickness and exhaustion. Her
grandmother died about a fortnight afterwards, and two
days before her death some arrowroot was prepared by the
witness'. mother in a room where the prisoner was, and ad-
ministered to the deceased. The prisoner was constantly at
home during the whole of her illness, but seldom visited
her.—Catherine Sheridan, the prisoner's sister, at whose in-
stance he was taken into custody, said she had been labouring
for the last seven or eight weeks under serious indisposition,
resulting from the ill-treatment of her brother, with whom
she had had frequent disagreernetta in consequence of his
expressing an intention to discontinue an allowance of 701.
per annum he had been compelled to make her by the
gentleman who had appointed him to his situation in the
Excise-office, and who had also enjoined him to insure his
life, to provide for his mother in the case of his own death.
On the Sunday above referred to his mother got up in ap-
parent health, and remained so until the afternoon, when the
prisoner led her into the room where the witness was lying,
and she was then labouring under a violent sickness, and ap-
peared in a state of complete stupefaction. She asked the
prisoner what be had been giving to her mother, but he
made no reply, awl almost immediately left the room. The
deceased remained in the same stupefied condition until the
following morning, when she partially revived, but exhibited
extreme terror, and repeatedly urged the witness to secure
the door. A surgeon was sent for, and its consequence of
his opinion that deceased had taken poison witness accused
the prisoner of poisoning his mother, to which he made no
answer ; but deceased, who heard the accusatioa, expressed
her belief in it. During the illness of her mother the
witness repeatedly urged the prisoner to go in and see her,
I which he refused to do, except on one or two occesions,when
the deceased followed him sound the room with her eyes,
and appeared relieved when he left the apartment. Her
'mother appeared to improve at first under the medical treat-
ment, but suddenly relapsed, on the Wednesday before her
death, and having complained of an acute pain in the chest,
gradual!y sank until the next morning, when she expired.
She wee supplied with beef tea, wine, and other
nourishment, prepared in the adjoining room, oc-
cupied by the prisoner.—Cross-examined She had
I lived on good terms with her brother until be nude 1
an attempt upon her life about 10 weeks ago, when she 1
applied for protection at the station-house. Had frequently
heard the prisoner declare that he would no longer allow
his mother the amount he paid her, which was the chief
cause of the disagreement between them. He had frequently
been at variance with the deceased on the subject of his
married sister, who had petted from her husband, and was
protected by her mother, whom he wished to exclude from
the house.—Mr. flacon, surgeon, expressed his conviction at
the time he was first called in, that deceased was labouring
under the effects of arsenic, which the medicine be had ad-
ministered was calculated to neutralise, and that her sudden
relapse on the Wednesday must have been occasioned by the
administration of a second dose of the same.—Sergeant
Hawks stated that there were several other witnesses, who
would be able to carry the case further at the next examine-
tion.—The defendant's solicitor submitted that, although
there were certainly some suspicious features in the case,
there was no direct evidence to crimiaate the prisoner,
against whom the most material allegations had been made
by a witness between whom and the prisoner it was acknow-
ledged some very serious disagreements had existed; and he
trusted, if the magistrate had made up his mind to hold him
in custody, that he would take bail for his future appear-
ance.—Mr. Hammill, however, declined doing so, and re-
manded the prisoner till Friday.
SOUTHWARK.—CHAROE OP CHILD MIIRDER.—Mary
Wall, and Mary, her daughter, Jane Kearney, and Ellen
Hnrregan were charged with unlawfully causing to be
buried, in St. John's, Waterloo-road, in March last, without
a certificate, a male child, seven weeks old, suspected to have
been poisoned or otherwise disposed of by unfair means. A
few days since the registrar of St. George sparishreceived an
anonymous note, couched as follows
In the pariah of Bc. George the Martyr there was a child buried
which was poisoned, and wax afterwards interred with& false register,
at Michael Hannan's, No. 1, Shadwell-place, Green-street, black-
friars-road. Jane Kearney was the undertaker, and Mary Wall, the
yonnger, was the mother of the child, which had been in good health,
and died immediately after a dose had been administered to it. In-
quire at the court, and you will learn more particulars about the aftmr.
The requisite inquiries were made, and the result was
the apprehension of the four prisoners. It appeared that
on the 22nd of January Mary Wall, the younger, wu de-
livered in the street of an infant, which she carried
to her mother's lodgings, where the was attended by a medical
man, who, on his arrival, found her in a state of exhaustion,
from which she was relieved, and after ten days' attendance
the patient and her child were sufficiently well to require
no further medical aid. Subsequently,the infant was placed
by Mary Wall and her daughter in the care of Hammen,
who was to have had 4s. a week for nursing it, but early in
, March the child suddenly expired, after having had a dose
of some liquid, and the circumstance was kept a profound
secret from all but the accused parties, one of whom
1 (Kearney), it appears, had proceeded the very day of the
child's death to the gravedigger of St. John's burial-around,
and bargained with him for a shilling to have the body in-
terred. It was accordingly done, although no intimation of
the circumstances attending the child's death had been
given either to the coroner or the registrar of the parish.— 1
Mr. White, surgeon, Lamb's Conduit-street, stated, that he
was sent for to Peter-street, and found there Mary Wall,
who had just been delivered of a male child. He attended
mother and child for ten days, following, when he omitted
his visits, both going on extremely well.—Mr. Cottiugham
expressed his surprise that the child could have been in-
terred without the production of a certificate.
He was afraid, in consequence of the length of time that had
elapsed since the child was interred, the body was too much
decomposed for a post martens examination to lead to the
discovery of poison. At all events, the prisoners, by their
conduct throughout the affair, had rendered themselves
liable to heavy punishment for the mysterious manner in
which they had acted in hurrying the child into the grave,
without pr curing • certificate of its death. He could not
help expressing his astonishment that such a burial should ,
have been permitted by the authorities of the parish.—An- '
dersoa, the beadle of the church, stated that neither the
churchwardens nor the sexton were apprised of what had
occurred on the occasion, and that tho body must have been
deposited in a grave by one of the gravediggers without his
having given any notice of it. He was convinced the church-
wardens would be most anxious to discover and punish the
man.—The mother of the child admitted it was
; that it was placed by her and her mother in
charge of the woman Harregan; and that they were led to
believe, end still believed, that it died a natural death, and
that nothing of a deleterious nature was administered. She
also admitted that they were in error in not announcing the
child's death to the proper authorities, but they were ig-
norant how to set in the business, and being very poor, and
unable to pay much money, Kearney bargained with the
gravedigger te bury the body far a shilling. The other pri-
soners also protested their innocence, Harregus declaring the
child died a natural . death at her place.—Moy, the police-
man, said he bad every reason to believe that if the prisoners
were remanded, he should be enabled to bring forward evi-
dence to prove that the child's death was caused by unfair
means—Mr. Cottingham said he should remand the
prisoners until Tuesday.
THAMES.—SANITARY NW:MT.—MT. J. Steadman an
extensive cowkeeper in Church-road, Commercial-road,
Stepney, appeared before Mr. Yardley on a sumo
charged under Lord Morpeth'a Act with causing and per-
mitting the accumulation of noxious matter dung, reffise,
and offal, on a certain piece of land occupied by hint, the
same having bees certified by two medical gentlemen to be
prejudicial to the health of the inhabitants.—Mr. James
Herten, surgeon, said he had inspected the defendant's pre-
mises, and found them in a very filthy state. There was a
great quantity of cow-dung in a yard in front of the cow-
sheds adjoining the road, from which arose an offensive
effluvium. There was neither drainage or sewerage, and the
place was a pool of slush. He considered the accumulation
injurious to the public health.—Mr. Hutchinson, for the
defendant, was prepared to show that the matter produced
by the cows (1130 in number) was removed daily, and that
his client's business did not deserve the character given of it.
He was as much interested in the public health as any one, and
so was Mr.Staadman,and this was a question whethera respect-
able tradesman who had embarked- a large capital was to be
ruined or not ? The refuse was carried away with all due
diligence, and he thought the trustees would be better em-
ployed in mending the roads and improving the drainage
than in prosecuting a moat useful and worthy man, who was
a large rate-payer, and employed a great number of men and
women in his business.—Mr. Yardley said if he was to
decide that a cowkesper was not to deposit the ordinary
accumulations consequent on his business in his yard till at
was removed, it would amount to a prohibition of cow-keep-
ing within the bills of mortality. He would certainly make
a personal inspection of Mr. Steadman's premises before he
gave his deciaion.—Mr. E. Horton, who said he was a
member of the committee of nuisances, said it was his most
unfortunate duty to inspect Mr. Steadman's premises. Such a
mass of cow. dung and filth he had never seen in hie life.
Mr. Yardleyleft the court, accompanied by Mr. Leadley, the
clerk, the legal gentleman, and the wish authorities. The
presume of Mr. Steadman, which are of great extent, pre-

rented the ordinary appearance. There was about half a I
cart-load of cowelung and rain-water accumulated during the
day in one yard, but nothing particularly offensive about it.
The internal regulations were excellent. The cows, of which
there were e meetly 160. were iu prime condition, t he sheds well
ventilated, with covered drains to carry off the water.
Several gentlemen of practical experience raid the cow-sheds
were the cleanest and hest regulated they had ever seen.—
On the magistrate's return, Mr. 'fhomas Beale, surgeon, said
be could see nothing on the defendant's premises injurious
to the public health. Cow-dung was very slow in detain-
posing.—B. Lawrence said he had been in the employ of Mr
Steadman 20 years, and hod always enjoyed good health.
The stuff from the cow barns was remvved daily, and an
effectual cleansing was made ; one large waggon came
every day for the ma•ter, and twice or thrice a week two
mignon. came. He lived on the spot and never suffered.—
Mr. Yardley said he was not going to decide that an accu-
mulation of cow-dung, under certain circumstances, and kept
in a decomposed state, might not be injurious to the public
Leath in a :yowled neitabourho.)d ; but while the law
permitted cowkeepera to carry on their boniest in the
metropolis, he could not say they were not to lodge the
matter front their cow-houses in their yards for a certain
time and he should dismiss the case.

MONEY MARKET.

TUESDAT EVINING.
It was reported to-day that the committee of the
Stock Exchange are likely to institute an inquiry
into the circumstances connected with the despatch

said to have been received from Paris yeste.rday,
partly- by pigeon express to the coast, partly by rail-
way or electric telegraph from Dover or Folkstone (it
was spoken of as a telegraphic despatch), announcing
the discovery of an extensive conspiracy in that
capital against the government, an attempt partially
successful upon the life of the Sovereign, and numer-
ous arrests in consequence. Very extensive transac-
tions were entered into upon the strength of the
intelligence thus reported, most actively of course by
the parties understood to have received it, and serious
losses resulted consequently to those who were taken
unawares. That such a despatch was received there
should indeed be no reasonable doubt of, since it is
said to have been shown by those in whose possession
it was late in the day, and as they must be known the
inquiry could be the more readily pursued to the
quarter in I'aris from whence it originated, and the
authority, if any, upon which the reports were
founded. The name of the party in Paris understood
to be connected with the transaction is in fact no
secret, and can be none to the committee, so that the
less difficulty need be experienced in ascertaining the
truth of the case, and taking measures accordingly,
supposing, meanwhile, that no confirmation shall be
received through the ordinary channels of intelli-
gence.
As nothing transpired this morning to justify the
rumours of yesterday, the funds recovered in some
degree from their previous depression. From 831 to
1, at which they opened, Consols advanced to 841
buyers for money and account, but eventually receded
to, and closed at, 841 to 1. Reduced Threes, 821 to 3.
Three-and-a-Quarter per Cents., 841 to 1. Exchequer
Bills, la. discount to Is. premium. India Bonds,
225. to 151. discount. Long Annuities, 84 to 1.
Bank Stock, 187 to 9,
The foreign market, when the settlement of account
was in course of completion, presented no new fea-
ture. The dealings were as few and limited as usual.
Mexican were called 151 to 16. Dutch Two-and-a-
Half per Cents., 531 to 41, ; the Fours, 83 to 4.
Russian, 103 to 7. Spanish Fives, 161 to 1,; the
Threes, 271 tot. Portuguese, 20 to 2.
Foreign exchange ranged at higher rates on 'Change
this afternoon. On Amsterdam the negotiations were
12.61 to 71; on Rotterdam, 12.7 to 71 ; on Antwerp,
26.10 to 15; on Hamburg, 13.141 to 15; on Frank-
fort, 1231; on Paris, 25.95 to 26.05; on Vienna,
10.15 to 18 ; on Leghorn, 31.30 to 40 ; on Naples,
391 to 1; on Madrid, 461—a1l at 3 months. On Lis-
bon, at 60 days, 511.
A defaulter was announced on the Stock Exchange
to day, in the person of Mr. A. ArkelL His differ-
ences were reported at the considerable sum of
10,0001. He was comparatively a young member, so
far as the date of his admission. As it was known
that he had served in foreign banking-houses of high I
standing he obtained credit the more readily, under
the supposition that he would have a proportion of
their stock and share business, and that his operations
might be to some extent for their account. Failures
in the house have been so rare for some years
as to make the present quite an exceptional
case. Within the last twelve months the fluctuations
and the depression in stock and share values have not
been less remarkable and severe than in any other
commodity that can be named. Consols from 95 have
descended as low as 79, and in one more recent in-
stance of re-action alone re-ascended within a few
days from 79 to 85, so that taking the course of fluc-
tuations through various accounts, they may be
moderately estimated to have covered a total of 60 to
70 per cent. difference of prices. Shares have suf-
fered within the same period a depreciation with re-
actions of prices quite as extraordinary and severe, ,
if not more so. Take the North-Western as the lead-
ing
share stock for example, which last year bore the
marketable value of 2201. or more per share, and has
lately been as low as 143. The depression of most
other share stocks has been more than proportionate.
Yet, amidst all these unexampled vicissitudes of
values, but two failures, before the present, have been
reported in the Stock Exchange, and those two of par-
tite so obscure, and for sums so insignificant, as not
to be deemed worth notice among the occurrences of
the day. It says much for the respectable conduct I
of the establishment, and the stability of its members, I
that, amidst such a crash of other great interests,
and with the daily operation all the while of a mass
of transactions whose magnitude or immensity it'
would scarcely be possible to estimate, all engage-
ments have been so steadily fulfilled, with no more,
and no more important, sinister casualties than those
referred to.

The suspension of Mr. Robert Farrand, a corn-
factor, wee announced this morning, and caused con-
siderable surprise, his credit in the market, being
extremely good. The amount of his liabilities did
not transpire, but they are understood to be small.
Mr. Farrand is a director of the London Joint-stock
Bank, and was at one time member for Heddon, and
subsequently for Stafford.
Two or *three other failures of little importance
were reported on the Corn Exchange and in the City.
It wee agreed to-day, at the adjourned meeting of
creditors of Thomas, Son, and Lefevre, that it would
be desirable, in order to relieve the anxieties of bill-
holders in the Lancashire district, to declare a divi-
dend as early as possible, and hence a resolution was
passed authorising the payment of 2e. 6d. in the
pound, ghouls! Mr. B. Dobree, the chairman, after
consultation with the professional adviser of the
house and Mr. Lefevre, consider such payment ad-
visable. 11

A dividend of Bs. Bd. in the pound, payable on the
29th inst., was declared to-day under the estate of
W. and J. Woodley, of the Corn Exchauge, whose
failure took place on the 27th of August.
Severe comments are passed, in private advice,
from the United States by the Cambna, upon a letter
written in an unguarded strain from this side, which
had been received there and made too public, by
which mercantile distrust had been greatly aggra-
vated. The writer, understood to be a party of high
repute and position here, is stated to have advised his
correspondents, after a detail of other disasters, that
another failure here might be expected, and of a cha-
racter so important, as would astound the whole
Union. Conjecture was of course busy about the par-
ticular house referred to, and as opinions were ha-
zarded about more than one, various houses were ex-
posed more or less to injurious suspicion. It is pro-
bable that the letter was intended for the private
warning only of the persons addressed, but the inter-
communications of merchants, so far as connexions
may be more or less intimate, are, it should be remem-
bered, to a certain extent frank and unreserved, and
never more so perhaps than in matters affecting the
credit of parties in other quarters. A merchant who
would be careful to conceal the nature of his opera-
Cons, would not hesitate to communicate intelligence
of a forthcoming mercantile catastrophe elsewhere to
a friend or neighbour. Through such channels the
news is soon dispersed, until it becomes embodied in
the press. The effect in New York of this letter,
which is stated in the Rates to have been written by
Mr. Horsley Palmer, was much to increase the
want of confidence before prevailing. Bills, even
upon undeniable houses here, were more or less
viewed with disinclination or mistrust, so that parties
with the means requisite, who had to cover engage-1
meats here, or to make purchases, preferred to ship
specie at a loss of 1 per cent. or more rather than buy
bills. As the balance of trade must be largely in
favour of the United States, such hard money remit-
tances are clearly out of the natural and regular order
of trade. The continuance of distrust on the other

side, and an adverse trading balance on this, is nut
unlikely to result in the mercantile anomaly of the two
countries simultaneously shipping specie to each
otlicr. Sovereigns will go from hence to acquit
balances, and come from the L'nitcd States to pur-
chase goods, or be sent for by merchants or manu-
facturers in payment for goods exported and sold
there, rather than run the risk of having their remit-
tances made in bills by their agents.
The letters from Boston by this arrival report that
corn and flour were held firmly, and with little pro-
bability of rating lower. The communications from
the interior of the union advised that the farmers were
not at all disposed to submit to any reduction in
prices, and in no haste to send produce forward. It
is stated that the first estimates of the harvest were
I conshierabt overrated, as much as by ou fourth.
Exchsr,7 for paper of the most uudouotkd class ruled
at 10 to 10.1. for 30 days' sight bills oak'.
The shareholders of the Northumberland and Dar-
ham District Bank met specially at Newcastle on
Monday afternoon, Mr. J. I'. Ws.wn, M.P., in the
chair, when Mr. Jonathan Richardson proposed, and
Mr. Nathaniel Grace seconded, a resolution for creat-
ing 60,000 additional shares of 101. each, to be offered
to the proprietary at par ; 61. to be paid, one half in
Januar", and the other half in May next year. The
proposition was agreed to unanimously. The capital
of the bank is now, therefore, to be 1,200,0001.

The directors of the North of England Joint Stack
Bank are about to make a strenuous effort to enable
them to meet the engagements now pressing heavily
upon them. Two calls have been made ; the first
produced 47,434/., the second 2R,113/., but a consider-
able portion of the latter consisted of transfers of loans
previously made by the shareholders. The engage-
ments occurring between now and Christmas are esti-
matedat 15,0001., of which about 12,0001. are yet to
be raised ; and as, in the present monetary crisis,
another call is not likely to be cordially responded to,
the shareholders are to be requested to make loans to
the Bank without delay, and thus to avert the serious
consequences which otherwise would seem inevitable.

ENGLISH 'WED&
Sank 9tock, 187 9 India Bond., tl,OOO, 18 22
3 tor COIL Bed. Aims., 822 13 India Mond., tender 4,000, 15
21 i SoUtll eka Stuck Ni. Anna. es
3 meet. ConaAnns„ll2l44 I Contolo (~racot., 431 41 itt „11 4 1
New Si perot. Aura. 41 I 1 Exchequer Dllis, P. 1130, DE 1 VOL
Long Anna Exp. sth an., 10,10, 1 di,. Ipm 1 di.
lit + DIU, A:m.4m 2 rm.
Dltto, 30 yearn, Exp. (410 Jan, 1900, Ditto Bmall, 2 7 pm.
0 11 le 4

Ponszcni rrxnst.
r per Cent. Milian Domlu. 868 2f per Ct. Venezuela Roudr,3•; 61
I iar Cunt. 19 Ditto D. furred. 9
S per Ct. Mest.nn. Isl.i. 15p ft pTCcnt. Dutch Extitaage. 18
5 per Cunt. P"rutinu,e Muds, 78 °tel.. 54f 4
iur Cent. R 11.1.11.1 80111.114 Id 4 4 put Cent. Dutch Catif., 835
.1. Pt., 106 j 6f
I.CCHANOEB AND /MOCKS ABROAD.

Pm .loonnot.
3 pt: Cents. ...... Tub I 77 20 —ll 10 li6 05 I 77
6 Do. ......i 116'20 116 fn) 11110 116 30 1 111 40
41 Do. ......1 10 1 .. . .. .
4 Do. ......, 100
Emprunt3po.lll4l 76 90 Ti 15 71"18 7r90 I Ti. 93
Elonnage on Lomb! 00D, 0 70.
_ .. . _.. . .... .. . . .

•---.•—
Belgian 3,1840 ' 91/3 Many. I Naples Renton ' Stoney
Do. 6. 1.91 Roman Lou _
D 0.3 2 „ Tmy Bonds p.(2.
i Bankim
awes 333
uu
M•DIiD, Nor. 10.—Three per Ceolk, 26j ur 50 day.. 13/ nigh ; fire par
Ceuta., lit per 11/4,lreg, 143 Lem ; Coupon% 11 Inner: Book of
Bt. Vordinand, 12D crw.h ; Book of 81. Lobelia, 116 paper. Egebanio
on London, 48;6100.
Baum/v. Nor. 13.—Loan of 1840. ; DM*, 1844. 93F: Ditto,
1838, 674; Loan of the City. 1843, 93; Bank of Belgium, 85. Klein/we
ou London, 25 7d.
a, wear, Nor. 13.—Erehango on London, 2.5 724 ; two month+,
2f, 33.
. - . .

'‘.118.1148 Nov. 13.—Prooden Pt. &bald Bdt. Threennda.llaf per
Gerd.. 92i DM% 91 / Exelange. on London. Wee month.., 6 20
6 • money ; . Park. 81 :
Vnav, Nov. B.—Arelelan nre per 1o4; Ditto, Fear per
Caen. 10f; Ditto. Three per Cont., U; 16868, Two-and olLtlf pee
(Wank. b2f; Loin of 1334, 153; Ditto, 1839, 114; IMok Shan,. 1.90*;
Eno:elm Loon. tilt.

LIVISRPOOL, TUESDAY.—The failure in London has had
bat a slight effect here to-day, u Trueman and Cook seem
to have had no connexions here. The Royal Bank is now
paying 25 percent. on deposits.
LEEDS, Tuesna v.—Private letters from London received
this morning mention the name of an eminent mercantile
firm here as the one to which reference is made by the Lon-
don evening papers of Monday, when alluding to a report
that prevailed on 'Change that a failure of some consequence
had taken place at Leeds. It is satisfactory to be able to
state that there is no truth whatever in the report, as ►ppli-
cable to the firm in question, and that no failure of any con-
sequence has recently taken plan in Leeds, except such as
haa been chronicled.

i~•~.

I 121 u I
76 121411""*11776"....1 I""irli.L6o C 1306 *
pi0.1%.1116,0.1.N0r.11
Parts sad Ram 990 930 930 920 NO
Room sad Us „ vre 617 60 617 50
Avignon a Namehles „ 671 60 off 60 605 oil
&mho sad We 161 50 I
Caron ( Y 663 76 670 Sid Sa 50 sza 10
Borden= .....
North
Vgnss•, Nor.9.—Nortltoro. 1601; COmichitt, 110. 11,,,,k,....4 )".n.
234; L0th.20.612 ; Prr6h.96l ; ObleaL, 462; APPoh6O.IO4I.

•
MEZTlNGS.—Btaxuramt AND OireND J UNCTION.—
Nov. l&—sfellmerseed Special Merhey.—Mr. P. It.
Ilus it the abair.-14. nada, mid he wm happy to announoe that
the thuds would act now be further troubled with the busurese of
thnumnereneeneigleneespe.tbst the purpose foe which they had been
boated was to part aistoplibed, and the mite at law were pro-
=le refr worm • so far therein the mquisition was el-
e end hewing eielhing to pewee, the special meeting
might be ansidered at an emL—Dlneolved assordingly.—Afimumed
114(1.makt Meetiwg.—Mt. Mots to the aisle.—Mr. Mosley mid
that this miettpg Mpint• ta mom respirie tram tied Mel meetings,
Leaman* es it widest 11. • sprstropm; yreprieler• were there-
ke• ailded bt •mk broil 1•1••• mapsalki gmarat
•• •• et** 'Aim peatedbype Or boa Ulm Se Far.
yam if
by 11.6111 s : tiers WA boa astila Obit_ pro-
altilme by tottss Wind tbe rad It woo itelniN to
Dow wird amp the dk•••••• vitt isibreac• ta
them mem : ate wbellur 1•=61, ea as sparial
womb. go portled•r_rirpos "WM t• esqubltlo•
midi Warm Il• taiaaremitar.—Ear ••••blum• mem to
••• astaled at tab Mt err tlymts• ttyset
to be : look that lbs Wild Ms its ambltraticit the
promislyaf stamilnelhosedints trial* Winn bilitekaill Use con.
tractors. lad t• Wrest 'Amanita defame lir WM;
point a seweellealselnimeme
int tter of the
calla .leieadomeladbeentrotaci
against shmelediles to rear m oat a them