The Express.
London, England, 1851-12-02 00:00:00

THE EXPRESS, TUESDAY EVENING, DECEMBER 2, 1851.

NATIONAL PUBLIC SCHOOL ASSOCIATION.
COUNCIL MEETING.

Yesterday morning a meeting of the council of
this association was held at the rooms in Cross Street,
Manchester, preliminary to the great meeting adver-
tised for the evening, at the Cara Exchange. The
chair was taken by ALEXANDER HENRY, Em., M.P.,
and among the gentlemen present were Richard Cob-
den, Esq., M.P., the Right lion. T. Milner Gibson,
11. P., George Combe, Esq. (Edinburgh). R. N. Philips,
Em., Vi Harvey, Esq., J. C. Dyer, Esq., Rev. Dr.
Davidson, Professor of Theology at the Lancashire Inde-
pendent College, L. Schwabe, Esq., J. C. Dyer, Esq., and
other leading members.
The CHAIRMAN said—Recent events, as all present
must be aware, have rendered it highly probable that
Manchester, as it commenced the educational con-
flict, is destined to be the field out while it '
is to be finally settled; MI we have therefore felt :
anxious to enjoy the countenance and support, and to
have the advantage of free personal intercourse with
members and Cetera* of the amocietion residing in more
distant localities. In consequence of the origination of an
educational scheme fur Manchester and Salford, based upon I
principles essentially different from thme of the National
School Association, the attention and operations of the
executive committee have been more confined to this Mew
diate district thee they would otherwise have been. But, I
notwithstanding these local claim, the exposition of the °
principles of the association in various and remote parts of
the country has not been neglected, the lecturers of the as-
eociatien having addremed numerous meetings since the
general council last suet, in various counties from Northern-
berhinal to Hampshire, and from Lancashire to Suffolk. l
It is gratifying to be able to state, that the indications of
public opinion on the education question evoked at
these meetings have been of the most encouraging
nature. the principles of the association have been,
in numerous instances, cordially and generally ap-
proved on their first promulgation. It must be borne in
mind, however, that the time has now come when mere pas-
sive sympathy with the principles of the association will nut
serve the promotion of its o.uects. It is absolutely neces-
sary to success that its friends, in all parts of the country
should exercise the utmost possible activity on its behalf.
Leis activity must be mauitested iu the open declaration of
their attachment, iu the promulgation of our pthiciples in
their respectives spheres, and especially iu einployiug ale-
quate means to let the !louse of Commons know their
opinions, by having ready, and sending at the opening of
the next session of parliament, as many and as numerously
signed petitions us possible in favour of the plan of the asso-
ciation. To those ends personal effort and pecunitry con-
tributions are necessary, and it is not uttremosiable to
expect that the friends of the association will, in ev, ry lo-
cality, contribute, both energetically and (reel), to what-
ever extent its important aims may require.
Dr. DAVIDSON then read a paper of great length, iu
which the voluntary and the Manchester and Salford local
systems were described, and the objections to them pointed
out by him, and the lending features of the National
Public School Association were explained and vindicated.
the liev. W. M'KEItitOW, of the United Presbyterian
Church of Scotland, moved a vote of thanks to Dr. Devitt-
son for the valuable paper he had read ; which wee seconded
by Mr. GEOItUE COMBY., of Eiliuburgh, and adopted.
slew Rev. W. F. WALKER, of St. Jairlt..* Church,
Oldham, moved:—" Appendix to clause 6, sec. 3. That
ecituuts already iu existence may become free schools under
the direction of their present or future 11111111.41 tr., and re-
ceive per week fur each scholar educated in them. Pro-
vided—l. That on inmection they tire found in a satisfac-
tory condition. 2. 'Phut the inculcation of doctrinal reli-
gion' shall not take place iu them between the hours
of and in the morning, and and in the after-
uom. 3. That the attendance of the scholars on tae ' in-
culcation of doctrinal religion' shall nut be cumpuleory. 4
That the ' inculcation of doctrinal religion' shell not be a
part of the duty of the teachers under this system. 5. That
no part of the school payments derived from the rate shall
be directly or indirectly applied to ' the inculcation of doc-
trinal religion.'"
The Rev. F. TUCKER, Baptist, seconded the resolution.
Mr. COBDEN, M.l'., on rising, aas received with much
cheering. He said-1 am not sure that this proposition re-
quires any additional support, fir 1 urn not aware that any
one is going to oppose it. I was not present when it was
agreed to or recommended to this meeting, but FO far as I
am able to judge from a hasty inspection of the clauses,
the y appear to me to be melee ctionable, and calculated to
meet objections, where they have been made against us. 1
always had an impression that under the National Public
School system you would make use of existing schooltrounis.
I said very early in the controversy that although we had
not at first purposely let forth that we would rent or buy
eeisting schoolrooms, I was of opinion we should tits ays be
able to do that, in the same way as a corpuration' which is
going to establish, for instance, new water works, or gm
works, take powers in its act to buy the old plant or old
machinery. I coosider that we should be enebled under
the national school system to take powers to rent or buy
existing schoolrooms. I never contemplated such a work
of wealth as is implied by constructing new schoolrooms,
while ethers are necessarily rendered void by our opera-
tions. (Hear, hear.) But l see this propoeition, which we
aro now called upon to discuss, goes a little further, and it
says, you will be prepared, where schools exist, and good
school masters are provided—you will be prepared to pay
for the education of children in such places, out of the
public rate, provided only that you have a guarantee
that phe education is muse—that is, that the
secular education is good,—and provided also that
the inculcation of doctrinal religion shall be set aside
tor particular times and seasons, and that there shall be
no compulsory attendance at that doctrinal teaching by
those children who are not of the denomination to which
the school more immediately belongs. (Hear, hear.) Now,
I don't see any difficulty about this ; and, in fact, I say
this is a provision which must be practically carried out in
the local plan, if it is ever to become a working system ;
because you must have a time mentioned fur doctrinal reli-
gion to be taught, as well es for anything else that is
to be taught, provided it is a well-conducted school. If
you go into any large school and ask, you find it is consi-
dered necessary, to ensure the regularity of the school,
that the boys 'tumid know when, at what parti-
cular hour, particalar studies will go on ; and it
is necessary, if doctrinal religion be taught, in any
school, under this system or any other system, tt
must be set apart for a particular time, that it may be
known when it will engage the attention of those present.
I see no difficulty, therefore, about this; in fact, it must
be a part of any system. But we go further than the local
' party, inasmuch as we do not process to pay the meter for
the teaching of religion at all. If he set apart a time for
the teaching of religion, he must not consider he is receiv-
ing wages from the public rates during the time he is so
engaged. Well, really, I don't see how anybody who has
a religious conscience at all, and who has made up his mind
to prefer one religion, or one doctrine of the Christian reli-
gion better than another, should ever wish to pay people for
teaching other temple's children a different religion. I do be-
lieve our friends of the local society in Manchester will tied
they have not got over their religious difficulties at all, but
have merely packed them up and sent them to us in London
to consider ; and they will find us more incompetent to
deal with them than they aro in the Town-hall of
Manchester. (Hear, hear.) But I honestly believe the
gentlemen connected with the local plan-1 speak more par-
eularly of the laymen connected with that plan—because I
have not been brought into contact on the subject with any
of the clerical gentlemen connected with that movement ;
but I believe the laymen—those I have had the honour of
meeting, and hearing their views on the subject—are sin-
cere, and disinterested, and earnest in their desire to over-
come the difficulties that 1M in the path of giving to the
people of this district agood secular education. And lam
convinced, if these gentlemen find the way in which we
proceed with our association is candid, fair, and honour-
able to them, and they fail (as I predict they will fail),
and should find themselves involved in difficulties, greater
even than we have been iu the National l'ublic
School Association, I do believe a large body of
those who are now associated with the local plan will,
under these contingencies, if they should arise, be disposed
to co-operate with us for what, aster the passing of this re-
solution, will be essentially the same object. I beg to sup-
port the proposition that you have made. (Cheers.)
After a few remarks fmm the Rev. Dr. BRAM),
Mr. T. MILNER GIBSON, M.P., addressed the meet-
ing. He said it appeared to him that the appendix which
was proposed to be added to clause 6 was calculated to re-
move some of the prejadizes, and to calm some of the ap-
prehensions which had arisen since the first proposal of the
scheme of the National Public School Association ; and,
whilst it was calculated to remove those apprehensions, it
did not, as it appeared to him, deviate in the slightest
degree from the principle upon which the National
, Public School Association was founded; that whilst a fair
I concession was made—he would not call it a concession—
but whilst a fair consideration was given to the views of
others, they had not in doing so made any compromise of
the principle on which their society was founded. (Ap-
plause.) Now, that appeared clear to him, and he would
Just observe that ho did not think those apprehensions un-
warrantable on the part of the voluntary associations.
It would be retuning into a great extreme to say
that, because religion was taught in a school, the parties
concerned in the teaching of that religion had not it in
' their power to teach secular knowledge. Its had
great pleasure in supporting this appendix to clause 6,
and thought it a very considerable improvement on the
original plan. (Cheers.)
After a few words from Mr. SIMPSON, of Edinburgh,
approving of the resolution, it was carried, and the pro-
ceedings terminated.

HIGHWAY ROBBERY.—BRISTOL, DEC. I.—A dar-
ing highway robbery, attended with considerable violence,
was perpetrated on Saturday evening at Keynsham, near
this city. As Mr. Samuel Parker, of Lodge k arm, was re-
turning home, when close to his (own residence, he was sud-
denly set upon by three fellows, aimed with big sticks,
who knocked him to the ground, beat him till he was In
sensible, and then decamped, having plundered him of
three sovereigns and • half and come silver. Mr. Parker
managed to give the alarm. An immediate pursuit was
made, and three men, named William Merrick, John Neal,
and Stephen Neal, were taken into custody and carried
before Mr. Meynors, one of the magistrates for the county
of Somerset, who has remanded them far further inquiry,
as there is reason to believe they are coucernul in many
other daring hi4iiway robberies with violence which have
lately occurred.
Sown EASTERN RAILWAY—Gross Trailic Receipts
for week ending November 29, 1651 ; 10,2381. Bs. ;
ditto November 30, 1850, 9,3561, N. 45. Increase in 1851,
8821. 21. Bd.

katn iintelitgence.

Maulslay never executed it. The total numb. r of shares
applied for and allotted was 12,6 A The company were
however unable to obtain a satisfactory contract from go-
vernment for carrying !he mails ; and in January, 1819, at
a meeting of the shareholders, a•. which however it did not
appear that a sufficient number hail attended, it was re-
solved that the company should be wound up, and a call of
21. per share far ex-muses was made. The call
not having been made, the directors applied to the court
under the Winding-up Act, and on the 4th of
May,
1819, an order for winding up was made.
The Master had placed the names of Messrs. Maudslay
on the list of contributories in respect of 1,900
shares. Messrs. Mauddav thereupon moved that the certifi-
cate of the Master might be discharged, and that it might
be referred bark to the said Master to review his report or
certificate. The Vice-Chancellor held that they were clearly
entitled to be removed from the list of cunUibutories ;
hence the present appeal.
Mr. Itolt and Mr. Hetherington, for the appellant, con-
tended that the ci spondents were undoubtedly subscribers
at one time, and they had not subsequently ceased to be
subscribers. There could not be u conditional acceptance.
They became subscribers atter the enarter teal liken ob-
tained, and the company, therefore, to a great extent
form. d.

JUDICIAL CONINIITTEE OF THE PRIVY
COUNCIL.-1 E*TERDAY._

PILLSIXT—LORD I;linhvTomrßirelt, sit au t.
Rrar JaNNIUI UM, AND Sot EI.WAID MUM
BURNS AND OTHERS O. FINNEY.—TIIE CASE OP Till
EVROTA.—CoLLIsION.—JCDONP.NT.

This was an appeal from a decree pronounced on the 15th
day of June last by the Judge of the Court of Admiralty
in * cause of damage, which had been instituted in that
court by the owners of the American barque Charles It act-
lett against the principal owners of the steams/thin Europa
IThe collision between the Charles Bartlett and the Europa
occurred between half-peat three and four p.m. on the 27th
of June, 1819, and the lamentable effect was that the
Charles Bartlett went down almost immediately after the
' two vessels came in contact, with 136 of her passengers and
crew. The collision took place about 7.50 miles west of
Cape Clear. It was represented on the part of the Charles
Bartlett that the place where the collision occurred was
in &direct track for outward and homeward bound vessels.
to and from nearly all points of the continent of America,
and a great concentrating point fur both. On the part of
the Europa it was contended that the idea of a great con-
centrating point in the middle of the Atlantic for vessels
going to and (roan this country to the continent of America
was palpably absurd, anal that, although latitude 50.48 N.
Is as the u.usl track of steam ships proceeding to and from
this country and British North America, or the United
States, yet that was two or throe degrees north of the usual
truck of eailine vessels. The Charles Bartlett was stated to
have been of the burthen of 3113 tone, and to have been
manned by a crew of thirteen baud, exclusive of her runs
tcr, which was represented to have teen a sufficient corn-
pleinent. This, 'however, was denied ; and it was con-
tended that she ought to have- had seventeee or eighteen
hands at least. At the time of the collision a moderate
breeze was blowing, and there was also a dense fog, so that
the Veftat could be seen from each other at a very short
distance only. The precise extent of that distance was in
dispute, inasmuch us it was represented on behalf of the
owners of the Charles Bartlett that the Europa was
seen immediately previously to the collision at the dis-
tance of about four hundred yards. On the part of the
Europa it was alleged that in the then state of the
weather the Europa could not have been seen from the
Charles Bartlett at a get rater distance than from 150 to 200
yards. Bdh vessels immediately prior to the collision were
going through the fog at fall speed, the Europa about twelve
knots an hour, and the Charles Bartlett between five and
six knots an hour, the latter vessel having all sail set except
studding sails, mainspencer, and fore royal, but including
her main royal suit mate' topmast stay sail. Ae regards the
speed of the Europa, it was alleged to have been unjusti-
fiable in the then state of the weather. It was contended
on the part of the Europa, that considering the place where
the collision occurred, namely, in the midst of tin' Atlantic,
ant that she was one of the vessels employed iu carrying
her Majesty's mails and deepatche betw, en Liverpool and
North America, it was not incumbent en in r to hare slack-
ened her speed, particularly as in croseing the Atinutie they
frequently encountered loge of long duration. lf, however,
the speed of the Europa was unjustifiable, that of the
Charles Bartlett mew have been much more so. Fire
actions have been instituted against the Europa on behalf
of the crew of the Charles Bartlett. The first question
was, was the Europa to blame for going twelve
and a half knots an hour during a fog, which
it was admitted to have been, in the locality
silicified. Secondly, whether site was to blame
fur not having an adequate watch; thirdly, was there any
neglect in the engineeriug department ; fourthly, whether
the order given to starboard, which it was admitted woe an
erroneous order, was tar was not carried into execution, so
ao to produce any eliict. The fifth was a-general question,
namely, whether the collision was the consequence of this
state of things, and whether it might hare been avoided, if
due caution had been taken by thirse on beard the Europa.
The questions which were pot in the court below were,
firstly, was the Charles Bartlett to blame for want of a good
het-eat ? secondly, wa. she to blame in nut having heard
the Europa sooner ? The Court of Admiralty said, "We
have come unanimously to the following determination, that
no rate of militia by 'steamers, or other vessels, can be said
absolutely to be dangerous ; whether any given rate is
dangerous or not must depend upon the circumstances of
each iueividual case, as to the state of the weather, the lo-
cality, and other similar facts. That the rate of twelves
und-a-half knots an hour iu a dense fog, in the locality
where this securreuce took pities', must be attended with
mere risk than a slower pace, but, Resuming that it might
be accompliehed with reasonable security end without pro-
bable risk to other vessels, such rate of going could not Ise
maintained with such security except by taking every possi-
ble precaution against collision ; had
precautions were not
taken by the Europa ; firstly, she had not a sufficient look-out,
secondly, we think that uo proper arrangement was made
as to the' engines ; thirdly, Is cause nu person was placed
to ei port to the engineers the enters as to the engines;
fourthly, because no second person was placed in the
wheel-house; fifthly, that the order to starboard the helm
was erroneous. Wu are of opinion that if proper precau-
tions hail been adopted, this accident might have been
avoided, and that the collision took place for want of the
proper precautions. With respect to the Charles Bartlett,
we are of opinion that a good look out was kept Olt board ;
that she discovered the approach of the Europa as eosin as
cireurnstenees would admit; that she misstated all proper
measures to avoid a collision, by ringing the bell and
putting the helm to part; therefore I must pronounce
lag:duet the Europa in this case." it was from this judg-
ment that the present appeal was made, without hearing
the leatiwd counsel who appeared fur the respondents.
The council decided that the judgment of the court be-
low must be affirmed.

Mr. Bethell and Mr. Daniel, contra, urged that the ap-
plication for shares was not to the preliminary ..s.ociation,
but in the company then formed, and he did not authorise
the former to pledge his credit.
Tho Lord Chancellor postponed hi+ judgment.

Ntooso:‘ r. LLOYD.

No one having appeared to prosecute this appeal, it
was dismissed.

IN UN NORTH OF ENOLAND JOINT-STOCK BANKING

CoMPANY RI PARTE AIMITILONO.

This appe:dwSsdismi;sc;ll;ith;;;;;reauLo7l.
iN KE ST. 6EOEOE'. STEAM PACKET COMPANY EX
PARTE CROPPEK.—COOTS.

This was an appeal. from; decree OfWC..Chancellor Sir
J. Knight Bruce on an application for a vlerence to the
Master to tax solicitor's costs in obtaining the insertion of
cerium clauses in the Winding-up Act. The Vice•Clian-
et:ll°r refused the application on the ground that the
Windiug-up Act being a public statute the noble of the
company ought not to be applied to such a purpose.
Mr. Roll and Mr. Selwyn were heard for the appellant ;
Mr. Bacon and Mr. .1, V. Prior for the respondents.

lii. lord hi, took time to coustiler htsjuitgmeut.
IN NS TION roa "'AHEM. CORN'S

IIEFUSED.

_ .......
Mrs. Cobbett applied fora writ of Italica, corpus to bring
up the person 01 her husband, William Cobhett, now a
Chancery prison( rin the Queen's Prison. Thu anplicant
stated that a few d 'pi ago a similar application had b, en
made to the Court of Queen's Bench, and refused, on tiva
ground that the court had no right, to interfere, and that
application should have been made tJ 10146111 p the Lord.
ancel lor.

A lengthened affidavit was put in.
11 is lordship, luting looked over tho affidavit, remarked
that it insufficient, and refused to grant the liabeai.

TIZTOIIr. or no 1111
BLACKE LAMB.

The Master of theTit;ill;gaivittilgin;at in this our. The
question arose on the construction of the will of Georg°
LIMO). By an indenture of the 11th Nov., 1816, he hail too
power of appointing a sum of 3,0001 , and this power he ex-
ecuted by a will dated 21st Feb., IS2I, in favour of his six
daughters, in sixth shares, fur their respective lives, and ho
specially reque oust that each of his six children " would not
sink into or spend their respective shares, but would leave
the Palau to their respective children, and if they had no
children then to leave the same so that their shares might
go in the same way that his general estate WAri litilited."
the question was, whether the words of the bequest
amounted to a direct appohitment in favour of the grand-
children, or whether they created a trust in favour of their
children. In the former cane there wair notemy doubt but
that a case of election was raised. It they did not create an
appointment, then it was a case of u man making a devise
which he had no power to do. Ile considered dint the curio
came within the principle laid down in ",Carder ond Bowles,"
that %here the donee mode a condition invonsistmt with
the power vested in him, this super:Oiled condition eas
simply void. Thu bequest to the six childten was therefore
absolute.
IN HE THE GLAMORGANAHME AND MONMOUTHSHIRE
BANE.

These petitions were mentioned, and, tfter ,onnc diseu4-
pion, upon the sugge.tion of the Muster ut the 'Lute., were)
ordeml to stand user till 11'etInead:ty week.

COURT OF QUEEN'S BENCH.—YE.sTERnAr.
SMINOB AT Nl4 1111171 AT WATIIAATIM—IiTIFJUX LOUD CAW.
LFLI. Aso ♦ SI.CIAL JVIT.
INDICTMENT FOR CONSPIRAC Y.

TUE QUEEN V. ALLETNI AND UTIIER.

EQUITY COURTS.-YESTERDAT.

11:T1E.,64 It I Loom iminut Te■ 41111 CPANc!' Lon.

TILE DUNE or LEEDS o. 1.01/1) APAIIEUST.-ILSECSIL
TO TRANSFIX CAUSE FAUX Tug UMW; JUSTLCES' COUNT.
-COUNSEL AND JUDGE.

Mr. Stuart applied to have this appeal cause, which was
set down for hearing before the Lords Justices, transferred
to his lordship's paper, on the ground that Lord Justice Sir
James Knight Bruce had bees of counsel in the Cause WOW
years ago.
Mr. Bethell, in opposing the application, acid if the Tea-
' son assigned was a valid one there were very few causes in
the courts of equity in respect of which similar applications
might not be made, sad the paper of the Lords Justices
would soon be barren of causes. It was true that
some years ago the Lord Justice Bruce bad been
counsel in the case for an injunction to restrain from selling
certain leases of mines. The proceedings also bad reference
to a question of compensation for waste. The first part of
the rase, in reference to the injunction, had been abandoned,
and in the other, which now formed the subject matter of
appeal, the Lord Justice had never been counsel. But,
irreepective altogether of that consideration, the learned
mead submitted that no such application could be
li entertained, except at the request, or by the consent of, the
judge himself. Should the present application be este-
I Ilished as a precedent it would be attended by the most
serious inconvenience, particularly considering the recent
elevations of learned persons who had enjoyed so large a
practise at the bar.
The Lord Chancellor said if any innovation were to be
made on the lung established practice it should only be on very
stronr grounds of necessity, as it would make a very mate-
rial alteration in the administristion of justice in these courts.
It might be that there were eases in the paper in which
Lord Justice Knight Bruce had formerly been retained as
counsel at the bar ; but there must be a strong ground of
necessity to sanction an application, which would he laying
the foundation fur a great many similar applications. If
objections were made on the ground that substantial justice
could not ho obtained (an opinion which he most certainly
did not entertain) to a judge sitting in a cause in which he
had been counsel, he (Lord Truro) might observe that the
person for whom the judge had formerly been counsel
ought, if anything, to be more afraid of the result than his
opponent ; for, assuming that there was to be any leaning
one way, the bias, from a natural feeling of caution, would
rather, he thought, be against the former client than other-
wise, just as in the case of a man referring
a. cruse for arbitration to his friend, if that
friend is an honest man, tho person appointing him
will probably have more reason to fear the result of over.
caution against a feeling of partiality of friendship than in
the arbitration of a stranger. In the present ease, the
learned judge had long been separated from the bar, and
very probably had forgotten all about the merits of the
points in dispute; besides, it was shown that he had never
been counsel in respect of that part of the cause which
formed the subject of the present appeal, though that was
not material to the decision of the point. The interest of
the party, and what was of more importance the general ad-
ministration of justice being in no way in jeopardy, he could
not grant the present application.
Mr. Bothell asked for the costs of the application.
The Lord Chancellor—l think not, it is the first time we
have had the question raised.
Ix RI INDIAN AND ACSTILALIAN MAIL PACEET
COMPANY, EX PANTE MAVDSLAY.—CONTEIBUTURY.—
PROVISIONAL COMMITTEE.

This was an appeal from a decree of Lord Cranworth
(then Vice-Chancellor Rolfe). In 1846, a chartered com-
pany was projected for establishing a line of steamers be-
tween England and India, with an extension to Sydney. The
royal sanction was obtained in May, and the charter passed
the great seal on the Gth Aug. 1817. This charter inter alia
directed that the nerson therein named, and all others the
members for the 'time being of the said company, should
within one year from the date of the charter execute a
deed of settlement as therein mentioned ; and it was further
directed that the company should not begin business until
the deed should have been approved of as therein men-
tioned, and certified to the President of the Board of Trade
by at least three of the directors of the company
that at least one-fourth of their capital of 1,000,0001. (in
‘lO,OOO .hares of 201. each) had been subscribed for, and
that at least one-eighth hal been paid up. On the 10th of
August, 1847, Messrs. Maudslay, Sons, and Field, engineers,
applied for an allotment of 1,000 shares in the projected
company. On the lith of August they wore informed that
1 1,000 shares had been allotted to them, and at the same
time they gave a written engagement to take the 1,000
shares, the document further stating "And in the event of
your maturir.g your plans with the government, we take it
for granted that your directors will carry out the views you
expressed to Mr. Fitzpatrick to the effect that we shall receive
a due share of your orders, and also be at liberty to re-
duce the number of shares now subscribed for." Some
correspondence ulterwardr took vice between Messrs.
Mandslay and Mr. Yates, secretary to the committee, from
which it appeared that Messrs. Maudslay olijectcd to take
shares unless they had work allotted to them, and also pro-
posed to take only 500. The deed of settlement was pre-
Min December 1847, and executed by twenty share-
ein bolding 1,080 shares, or 21,6001., but Messrs.

—Jam,

This was au indictment against the defendsots
Itchier Alicyne, )I'Geacht• Alleyne, and Captain D.ireey—
for conspiracy and fraud, in obtaining from the prosecutor,
Robert Blairly, by Use pretences, and abo by con-
spiracy, very large sums of money, to the amount of 7,300/.
Mr. James, Q.C., Mr. Bramwell, Q.C., and Mr. Hawkins,
appeared for the prosecution; and Sir F. Thesiger, Mr. I I um-
frey, Q.C., Mr. Temple, Mr. lluddlestone, and Mr. Suer,
fur the defendants.

Mr. Hawkins haring opened the counts of the indictment,
it appeared from the statement of the case by Mr. James
that the prosecutor, Mr. Kennedy, who is at present an
ensign in the East India Company's ',rake, and is 2d years
of age, was in 1813 in the Queen's ~wire, when he joined
the 7th Regiment of Foot in Canada. On Id. voyage
thither he met the elder defendant, James Holder Alleyne,
who was then a captain in the army, but had now left the
service. The other detimilunt, M'Cleachy Alleyne, had
also been a captain in the army, but was now a barrel mama-
facturer in Bermondsey ; and the defendant Durcey was also a
captain in the army. When the prosecutor went to Canada,
he was only 19 years of age, and on his voyage he made the
acquaintance of James Holder Alleyne, to whom he stated
that he was a person of considerable expectations, front
which time that defendant fastened his acquaintance upon
him, and never lef hint until he had obtaineal Irma him
12,000/. The prosecutor, who was the son of Lieut.-col.
Kennedy, and grandson of Sir Robert Blair, on the death
of his mother became entitled to 20,0001. He was induced
to gamble in Canada, and lost large sums of mousy to the
defendant, Holder Alleyne. In 1816, ho returnee to this
country, when his regiment was quartered at Hull. Mr.
Holder Alleyno also came back, and finding out the prose-
cutor, told him that he had bought a niaro of an English
dealer, which he named Pigeon, that she was a fat trotter,
and he induced Mr. Kennedy to make certain bets with
him of 100/. that the mare would not trot 12 miles within
the hour; 2001. that she could not trot 13 miles within
the hour ; 4001. that she could not trot 14 miles; 800/.
that she could not trot 13 miles ; 1,6005. that she
could not trot 16 miles; and 3,2001. that she
could not trot 17 miles within the hour. And thine were
further beta of 500/. that she could not trot 14 miles within
the hour, and 3001. that she could not trot 15 miles within
the hour. The wager was to come off before some day
named in January, 1817. There had been some pretended
betting between Holder Alleyne and Ducey, who was pre-
sent—M.Geachy Alleyne, Ducey, and the prosecutor having
been officers iu the same regiment ; and this pretended bet-
ting induced the prosecutor to make the wager in question.
Now, he should prove that the mare was an Ameritaut, uud
nut an English, horse, and that her name was " Fanny
Jenks;" American horses being well known fur their trot-
ting powers. The day approached for the match ; and he
should prove that the mare was lame at Cheltenham—that
she was attended by a veterinary surgeon, and could not
have trotted five miles an hour. The defendant Holder
Alleyne was advised to compromise the wager ; instead of
which, knowing that the mare was lame, he represeuted to
the prosecutor that he was sure to lose the wager, it; she
could trot the distance with ease, and urged him to pay the
money, at the very time she was under the care of
a veterinary surgeon. Upon the representations made to
him the prosecutor paid 7,3601. to Cept. Holder Alley or. Mr.
Kennedy sent an order on Sir John Kirkland and Co., his
agents, for the amount payable to Captain Holder Alleync,
who, it appear+, gave his brother Captaiu WGeachy
Alleyne 2,8501. of it; another brother, now a clergyman,
Joseph Lowe Alleyne, who was present when the buts were
made, 1,6511. ; and Lieutenant Davey a sum of 1,0001. Of
the fortune to which the prosecutor had become entitled,
namely, about 20,0001., from twelve to thirteen thousand
pounds had found their way into the pocket of Captain
James Holder Alleyne in payment of bets, and Mr. Ken-
nedy, quite a young man, was obliged to leave the army.
He was then recommended, by the same defendant, to buy
_ .

Sir Tattoo Sykes, a race horse, for 4,0001., and having
given a bend for that amount to the defendant, he was
eventually sold up ; when, through the interference of his
uncle, ho obtained a cadetship in the East India Company's
service. Ile was obliged to proceed to India within three
months, which accounted for the time that had elapsed
between the transaction complained of and the indictment.
The prosecutor had married in India, and had only recently
returned to bring the defendants to justice. Ito should
have to call before them a person called Coyle, who
had been convicted of forgery, on the evidence of the
two Alleynes, the defendants, the prosecution having been
commenced only after Coyle's name had appeared on tho
back of the bill of indictment found against the defendants
by the grand jury at the Old Bailey. Atter detailing the
rest of the elitist:me, the following witnesses were called :
Robert Blair Kennedy, examined by Mr. Bramwell—l
am the prosecutor in this case. 1. 11.01 tho son of Lieutenant-
Colonel Kennedy, and g- and-on of Sir Robert Blair. lam
26 years of age. My father died in January, 1836, and my
mother died in September, 1816. 1 was educated at Sand-
hurst College. Alexander hl'Ocaehy Alleyne wags fellow-
student. In 1843 1 obtained my commission as ensign in
the 89th regiment of Foot. I went out to Canada, in the
Britannia, to join it. Holder Alleyne was one of my fellow-
passengers. lie was a lieutenant in the 62nd Light Infantry.