The Express.
London, England, 1853-07-19 00:00:00

HORRIBLE OUTRAGE NEAR BARNET.

Yesterday,Patrick Farley and Michael Cunningham
were examined before the Barnet bench of magistrates,
charged with being concerned, together with others not in
custody, in a moat gross and barbarous outrage upon ea
elderly female named Rebecca Brogaden. The poor woman,
the victim of this atrocity, is fast dying in the Barnet work-
house, and the magistrates have deemed it expedient to take
her depositions. She stated that on Sunday afternoon (July
10) she was on her way from Macclesfield to Deptford, to
see her son. When she got to Underhill she tried to get
lodgings at Mr. Hutson's, a beer-house. Mr. Hutson told
her to go to Mr. Bryan's, a farmer close by, and that be
might let her sleep in the shed. She did so, and got per-
mission to lie in the shed accordingly. About ten o'clock
four men came along, one of whom asked to stop with her.
This she refused; presently the four men came in, they
were all Irishmen. Three of them went out, and one forced
and violated her against her will, after which the remain-
ing three perpetrated the same crime in succession, and
they left her in the morning.
Both of the prisoners are Irish farm labourers. Farley
is a short thick set man, with black curly hair, and appa-
rently about thirty-five years of age, five feet five or six
inches high. Cunningham is somewhat taller, and more
slenderly built, with sandy hair and whiskers, and about
five feet eight inches high. The ph)sioguomy of both men
is of a most repulsive aspect.

CHARGE OF MURDER AND MANsLAUGHTER
AGAINST THE CAPTAIN OF AN AFRICAN

On Saturday, at tho Liverpool police-court, a
charge of murder was brought against Captain J. W. Chap-
man, of the ship Cleopatra, trading between that port and
the coast of Africa. From the evidence of the carperoer
of the ship, William Duncan, who was the complainant, it
appeared that the Cleopatra sailed from Liverpool for
Bonny River on the 16th of August, IM2, with 21 men
of a crew, including captain ar.d mate. On the let of Oc-
tober the Cleopatra fell in with the Vicar of Bray, Captain
Harrison. The two captains visited each other several
times, a boy named White being engaged in rowing the
boat of the Cleopatra from ship to ship. On the night of
the 2nd of October, when it was dark and squally,. the
boat in which White was placed was battled close to
the Cleopatra in a very dangerous position. It cap-
Bused once, but righted again, and White con-
tinued in it. This was told to the captain, who refused
with an oath to allow any person to interfere with it, and
the result was that the boat again capsized and White was
drowned. Shortly after this the crew seized the captain,
I kept him in irons in his own cabin, and, under the direr-
than of the first mate, navigated the TCSSI I to Barbadoes,
where the captain, by means of a doctor who boarded the
ship, communicated with the authorities, who arrested thu
entire crew, and all, with the exception of complainant,
were tried for piracy and mutiny, :Ind sentenced to from
ens to three years' imprisonment. No definite charge was
made against the captain, and having shipped another
crew sailed again for Bonny hirer, when, cueing to some
disagreement with the captain, he loft the ship, and re-
turned to this country in another vessel, when he gave in-
formation to the authorities and had the captain arrested.
The magistrate, after some discussion, declined to entertain
the charge, as it had been (017 investigated Vytthe highest
mutt at Barhadoes. The certain w iselorge44.but im-
mediately afterwards arrested on a 4 of thietdet-sihith
was gone into yesterday 040.41) jet ikoryseTtolice_
court, when, after hearing all thtt hiriflssee I. stufporrhfs,
the charge. the magistrate expr.4.4 his notniction alas. t;',
was not sufficient to j'aitify him in* ~lidig sm. ?dour,
who nuaotandiagl7 discharged, . '.., •, . -,, ; 1.,..)
••I4

TILE CORN MA

AT HOME AND

(From the Mark LIMO Zrpras.)

sudden cessation of the French demand, and
the favourable atwitter of the weather, 'Aused the wheat
trade to open very languidly In the cer.arneneamene of the
week. Holders were, however, in general unwilling to
make any material concession ; Met as the supplies were not
heavy, purchasers were unable Ca obtain good qualities on
much easier terms than before., At some of the prnvincia:
market., held previous to rheersday, a decline of about Is.
per qr. was submitted to ; 'nut the downward enemas,
has sites been arrested, and present appearances indicate
renewed activity. V.* change, must be attributed to the
alteration which hat taken place in the weather. The
barometer, which had for some time previously maia-
tained a high altitude, began to descend on Wednesday ;
and during the whole of the following night. and
all Thursday, heavy rain fell: since thee we have
had dry intervals and heavy showers. What amount
of injury may result theretrom cannot at present
be estimated ; but that the outatanding crops are in a posi-
tion to be easily damaged by too much wet, does not admit
of a derubt. On the best wheat lands, where the crops arc
furthest &deemed, they have been much beaten down;
and is the later districts, the plant, previously weak and
backward, tan acutely have escaped injury. Under these
circumstances considerable apprehension is naturally
felt respecting the probable result of the b
indeed, there is good reason to fear that the rain which
has fallen since Wednesday may lead to disastrous con.
sequences.
The reports from all parts of the country are of a dis-
tressing character. So great have been the floods that a
very large portion of the hay not previously enured has
been wasbed away. In the low•lying districts large
breadths of land have been laid entirely under water ;
and the prospects for the farmer. which were beginning to
brighten, have again been overshadowed by this visitation.
The season is now too far advanced to admit of the hope
of fine weather from now to ha compensating for an
unfavourable spring and summer ; and, in all probability,
the wheat crop will be one of the smallest we have had for
years.
The importations from abroad Dave been on a moderate
scale this week. The arrival, off the coast, from ports east
of Gibraltar, have been much less liberal than of late; and
from the li.lnc the receipts have been small. The pre-
vailing opieton la, that the greater part of the fleet from
the [.'lack Sea has now reached our coast, and that the sup-
plies from that quarter will for a time be small. The un-
certainty as to how the diffirences between Russia and
Turkey may terminate has unquestionably bad the effect of
checking shipments ; the very high freights demanded from
all the Rasters ports has tended to the same result; and it
is therefore certain that, even if an amicable arrangement
should be concluded (uf which, however, there appears at
present little chance), the importations of bread•stoffe from
the black Sea sad Mediterranean would still fall materially
short dl what they would have been it this quarrel between
Russia sad Turkey had sot taken pima. With respect to
the probable intent of the arrivals from other quarters,
there is reason to believe that the ri•is /sere, in June and
the early part of the present month, may have caused *etre
exertions to have been made to obtain supplies from the in
feriae, and we calculate on rather large shipments from the
northers ported Kerope and from America.
Prance will, is all probability, require to import ; at all
meats, she will not be is a position to furnish Great
Britain with supplies to say extent. The absence of our
reseal imports of flour from that country, end the proba-
bility of the quantity of bread-stuffs from the Black Sea
Yelling short of 'apostatise, will, we thick, suffice to in-
sure a bleb.' range of quotations in the English market
than we have been accustomed to of late years ; and should
the onfavoarable weather Continue, and the prospects for
the ensuing harvest become more threatening, open ports
would scarcely prevent high prices.
Stocks of foreign wheat is granary have been greatly
diminished within the last few woks; and though farmers
may perhaps hold quite as mob as nasal at this time of
the year, the quality of a large properties is so inferior
as to reeds, a oessiderables mantare of foreign absolutely
necessary.
We stated in our last that npeete of an unfavourable
character bad reached us from some parts of the country
respecting the potato-plant • these have since, we ue
sorry to say, increased, usethere is tee much noon to
her that &seam has again attacked thin crop, both on
this side of the Channel sad is Ireland. Indian corn,
which until lately was much neglected, has is consequence
suited a goad deal of attention this week, sad has misused
la value in the Irish markets, and also at Liverpool, Mark-
law, Ate.
The arrivals of wheat coastwise into the pert of Leaden
have been on the muse moderate scale as limier*, only 3,223
qrs. having been reported during the week wading this
(Saterday) evening. Tbe quantity brought forward by
land carriage from the neighbouring counties has, mean-
while, been trilling is the entrees,. On Wednesday the
Ewa and Kest stands were almost bare; and though
there was a decided want of activity in the demand, prices
were as, in the absence of business, quoted lower. On
Friday there was more inclination to buy, the May rain
having naturally given rise to a feeling of tiamaiases is re-
gard to the outstanding crop. The few parcels of Eng-
lish wheat saliihsted were, therefore, placed without diffi-
culty at the entreats rates current in the beginning of the
week.

The arrivals from abroad have been rather liberal; bat
by far the greater portion of the 36,216 qrs. received have
been from the Black Sea, and very little addition has been
made to the quantity of good Baltic wheat. On Wednes-
day there were indications of weakness, and some parcels
of secondary quality of red wheat were parted with at
prices rather below those previously insisted on; this
alight depression was, however, entirely rea.vered on Fri-
day, and • fair extent of business was done at the full
terms of Monday last. Floating cargoes, which were quite
neglected in the early part of the week, met with attention
on Friday ; and in some cases ls. per qr. more was realised
than the prices at which purchases might have been made
before. Thus far there has been no revival of the French
demand ; but we understand that orders have been received
to despatch the cargoes previously bought, and not to
offer them for re-sale here. Rather large transactions
took plus IN Friday in Baltic wheat free on board, and
tall terms wen paid. These purchases were partly on',
opeenlatioa.
The sale for town-made door war very slow fa the
early part of the week. Within the lest three days the
demand has improved, sod the millers have not been by
any means anxious to make forward WO. American
Flour was sought after on Friday, and for fresh qualities
Mooday's currency was in partial autumns exceeded by 6d.
per barrel. The quantity in warehouse is trifling ; and
should moderate supplies now reach us from the other side
of the Atlantic, they would probably wet a ready sale.
Enslish barley has come sparingly to hand, and the ar-
rivals from the near continental ports have been moderate,
nearly the whole of the 7,000 qrs. reported consisting of
Egyptian and similar sorts. There has been a steady de-
mend for good grinding qualities, and such being scarce,
needy buyers have bad to pay very full terms. Masu-
d:last barley has also met with a fair share of attention ;
arrived cargoes may be quoted 225. to 235., and these on
passage 21e. to 22e. per qr. cost and freight.
The operations In malt have been to about the usual ex-
teat, and no alteration requiring notice has taken plumbs
the value of the article.

The receipts of oats coastwise and from Ireland haws been
small, and it is evident that stocks of this grain have become
reduced into a narrow compass in all parts of the kingdom.
In Ireland prices are relatively higher then in our marhati
and at Edinburgh, as well as at several of the ports en the
east coast of Scotland, a rapid and important rise has taken
place in quotations. Notwithstanding, therefore lair sup-
plies from abroad, the trade has maintained an eiceodingly
firm tone. The principal dealers hare refused to buy be-
yond what they have been obliged to take to provide for
pressing want., and consumers have likewise acted cau-
tiously, ; factors have consequently found it difficult to ea-
owed Monday's prices • and though the turn has, on the
whole, been against the purchaser, no quotable advance has
bests established.

The few small parcels of bears of home growth which
have appeared have been easily placed at former terms,
acid for Egyptians rather enhanced rates have been asked.
In peas very little hu been done, the market having be-
muse eassedingly bare of this article.
lodise eons slut was in good request es Friday. For
Odessa and alma 30s. 9d. to 31s. per qr. eat, freight, sad
tosareaos, wee paid.

- -
FOREIGN CORN TRADE.
The somewhat dull tone of Use Enehsh advice, 'ppm,
to have had considerable influence on the trades in Wheat
at the principal continental ports, and the accounts from
abroad au &Woo without exception of a more subdued
&sermon. _

—Stocksla the Baltic are stated to have been reduced
Into a vary sinew compass, end though (as already Inti-
mated) Ike demand had slackened, prices do not seem to
endemeee any decline of importanceeither at the
upper se leress ns.
Mater tenets,pe of the 13th inst., state that the demand
for wheat, after having been inactive for a few days, had
again revived, and about 3,500 qrs. changed hands on that
day ; the prices paid bad varied from 465. to 48*. per qr.
for moderately good qualities, ranging in weight from
601 be. to 621bs. per bushel. Superior sorts had been held
at relatively higher rates, owing to their scarcity. No
complaints ars made relative to the weather, from which
we conclude that the growing crops were progressing
favourably.
Konigsherg letters of Monday speak more favourably of
the prospects for the harvest than previous 'dykes from
thence. The quantity of wheat in warehouse being, how-
ever, verreil, Midges had not lowered their pretensions,
end ilae mined of 62 lbs. weight, 'add not
stes bane MagM se es to he pat hes en hosed helm
/la. pee v. Geed mined NI Am was tuned Mb. dd., end
red 411 a, ter. *seen had. The supplies of aeries
even tanned bed bar* seemed he the local con-
aumpsism and the prieseqiikled been materially above
lass•s Me tii• knits ef Girders.
liselsek advises of the 11 int mats that the weather
bad gently improved, Gad the probable result of the harvest
wee act surnated so low as bah's. Wheat would, it was
listed. NM to sheet as average, sad seeing seen had
*peeved wesisorhily to appearance. &apprises/WI wheat
Nei nearly sussed to ems forward, hence bat little Mamie
lert bees dams. Uolien of parcels in granary had generally
ice. per qr. free oa been.
Imo Hashing we hear Obit Me weather lied biome
dasegmble. awl mums hanky he
received these from
rare ef deshaviag ken item to ih• snip by
led esind their pre weelens.
TM ere and lidstawi, up se Winner
givre doe, ew
eak of lbe erentne ; and thiney's
the
hen lihrk-isms albs esuidlissi dianswilos. the
SIAM of prim Me beat wen desswatil gasfteiss

were, however, much ;lie same at the we btfore, at Am-
stardam, Rotterds-ai, and Antwerp.
The most ',tent reports from Prance state that the de-
pression of the previous week had been partially recovered,
and there is too much reason to believe t►at the harvest
in France will turn out very short. This, at all events,
appears to be the prevailing opinion among the best in-
forAed commercial men there, and it is, therefore, not
hksly that any exports of flour of COOKKIUCDCO will be made.
At Paris, on Wednesday, the trade in wheat and flour
was decidedly firmer than on that day sem:debt, and the
former article was, owing to the scarcity, held at rather
enhanced terms. Letters from Nantes, of Monday's date,
state that the feats in regard to the crops had been in •
great measure allayed by a week of really flue weather ;
bet the supplies of flour having barely kept pace with the
local demand, previous prices had been firmly maintained.
In the South of Prance the yield of wheat will be very
short ; and at Marseilles prices have been well supported.
In Italy h has commenced ; the yield is eapeeted
to be very abort. We have similar reports from Spain ;
and there seems to be little probability of the southern
countries of Europe producing more than needed for their
own consumption.
By the latest accounts from the Mediterranean ports we
learn that prices were advancing.
From the Black Sea the reports are decidedly firm, and
at Odessa large transactions had taken place in wheat at full
prices.
The American letters state that • good Beal and • fair
shipping demand for flour had enabled sellers to obtain full
prices.

fARY COMMITTEES.

WEST END AND CRYSTAL PALACE RAILWAY.

Yesterday. the committee of the House of Lords
appointed to inquire into the merits of this undertaking,
for making a railway to the Crystal Palace, with branches
to the London, Brighton, and South Coast, and London and
South Western Railway', met for the Ant time in one
of the House of Peers committee rooms. The lords were—
Lord Ormonde, Lord Southampton, Viscount Hutchinson,
Earl of Romney, and Earl Harewood.
Mr. Alexander, t 2 C. (with whom was Sir T. Phillips)
explained to their lordships the object of the measure. The
proposed line would commence from the London and South
Western Railway, at its junction with the Windsor,
Staines, and Richmond Railway, at Battersea, and ter-
minate in the Crystal Palace Park, with a branch line
to the London, Brighton, and South Coast, at the
Norwood station of that line, and another branch to
connrct it with the river at the south end of
the Chelsea suspension-bridge now constructing, where it
was proposed to establish a landing place and pier. The
measure was opposed by the South Western Railway Coen-
many and by two owners of property, Messrs. Chad wick and
Wicks, out of about 300 others. The South Western ogee.
'Rion arcs* upon the ground that the proposed line, Ilea
its running a portion of the way parallel with their
would p their conveniently enlarging the breadth.,
their ileo, sail that the Wimbledon and Croydon line, ease-
dewed We seenion, in conjunction with the existing steam 1
atammiessisa by the Brighton line to Sydenhate, ram
dared Use Cereal P'alse• line superfluous. Considerable
agitation bad ad= es the suppoai.ion that there would he
a great deal ef %NW travelling to the new Crystal Paleee,
but there woe en *areas provision that there 'hail be
aethinß of the bled.
Mr. °each, 11. P., one of the directors of the lbw. we
the first witness essatised.—Vt as of opinion that whip a
number of people would be attracted to the new Ogrill
Palace that it would be difficult to find for them either as.
vermin or sew.-- dation. The directors had
stake an r e for the with the end

_ arrangement _ parse:ea
Brighton Comiskey, by means of their line to Bydenbam
and Norwood ; bat the utmost camber of persons that com-
pany could take per day was 30,000, and he (Mr. ()each)
calculated that es fete days provision would have to be
made for the aemimmodation and conveyance of somethiag
like 100,000 Inesswa. It was this that led to the projection
of the Crystal Palace Railway, as an adequate means of
190011ffitliketi011, and also as a West-end means of transit to
mad fro. They had the cordial co-operation of the Brighton
Railway. By mem of the pier at Battersea, they would
be able to take peammgen from the river omnibuses (the
stem beats) as M the Crystal Palace Railway. The pro-
=lea gesatly relieve the city from the well
biwettede of vehicles that filled it at periods of the
day, and which delayed railway and other passengers so
much.

The Cotentin**, oa the question being formally raised,
decided that the South Western Railway Company be heard
spinet the memare.
Mr. Guide—The waterworks would be Ave timn the ex-
tent and An times as attractive as thine at Versailles. As
a general rule the greater port of a London population
worked on Monday, and these might be expected to
visit the New Palace by railway. Even in the winter
months great attractions would be presented. He believed
the greatest number of visitors to the Great Exhibition in
Hyde-park on one day amounted to 106,000 persons, and
the promoters, he believed, bad the support of the govern-
ment in the reproduction, as it were, in their project of its
prototype in Hyde-park.
Cross-examined by Mr. Burke for the Bouth-Western
Railway : The subscription list having failed so fu as the
public were concerned, the directors snide up the required
snot, 360,0001. among themselves. It would occupy the
people of Belgravia, is their carriages, three-quarters of an
hour to ge to the Crystal Palace. This would involve the
weaselly for horse and carriage accommodation while they
remained. _ _

Sr Jame Piston then explained to the committee
Moire tee neestructing the Crystal Palace, and stated that
in 'pinks the proposed line would be indispensable to
neesmenedsen the visitors. The waterworks would be Sve
nano this attest of those at Versailles. The principal foun-
tain wadi have 1,000 jets. There being besides twofers
teem *rowing the water 230 feet high, or several test
Mem the. the Monument, and entrusted to his hands he
would undertake to get the railway, palace, and all complete
by next May.
Mr. Bidder, the engineer of the line, described its en-
gineering peculiarities. It would pass at 125 feet below the
Crystal Palace to its inaction, and the Brighton quarter-
hour trains might be run with great convenience, or at the
rate of nearly 200 trains a day if required.
Mr. Laing, M.P., chairman of the Brighton Railway,
gave evidence in favour el the scheme, and stated that
some ether access to the Crystal Palace beyond that afforded
by the Brighton line was indispensable. He bad no doubt
the Crystal Palm:ohs Itself would answer. He thought the
line would be best worked by the South Western Railway.
Mr. Quilter, Mr. Sotheby, Mr. Sutherland, and Mr. Lee
were also examined in favour of the line. From the evi-
dence of Mr Lee, surveyor, it appeared that, in conse-
quence of the proposed Crystal Palace and its railway,
land, heretofore worth only 1001. per acre, had been re-
sold at from 4001. to 8001. per acre, and that land at Batter-
'sea had sold at 8 guineas per foot.

ELECTION COMMITTEES.
_ CLITHEROE.

This committee met again yesterday, and after
remaining some time in dehberating the public were ad-
mitted, when
The Chairman said he was directed by the committee to
read the formal resolution which they had unanimously
adopted:
" That under the geseral allegation contained in the pe-
tition of corrupt practices at the election of 1852, whereby
Mr. John Thomas Welshman Aspizall was incapacitated and
ineligible to sit in the present parliament, as member for
the borough of Chthonic, it is competent for the petitioners
to give evidence of bribery or corrupt treating, under sth
sad 6th Vie., e. 102, at and previous to the election in 1852 ;
but Mumma as the allegation in the petition, in regard to
that 1111111111113. Y eionissil to a charge of corrupt practices
Mr. Aepinall himself, without such specific mention
rhirs II
an Y antsised in the subsequent allegations
with is the elastion of 1853, the committee are of
opinitm that evident* of bribery and corrupt treating can-
not be admitted mass the terms of the petition, as regards
the elegem of 1862, nine it shell be proved that such
bribery or corrupt treating were committed by Mr. Aspinall
himself, or by an agent, with his consent or knowledge."
Moms further evidence was then heard, and
The committee adjourned to this morning.

DRAMA.

OLYMPIC.

A new drama in three eet;,;inder the title of The
Times, was produced here last evening with complete suc-
cor. As regards the title, the drama might with equal fit-
ness have received any other name, for Tite Tian have or
has no signification in the play except that the action takes
place in the present day, and the moral is supposed to
point to some social evil of the !inter. The star, iv ens of
love, intrigue, and mystery. The characters consist of •
wealthy baronet who has obtained a title by improper
mew ; a silly member of parliament, who appears to have
nothing to do bat to talk about A projected " speech ;" a
dark and plotting conspirator in the shape of • lawyer ; en
adventurous young gentleman who sacrifices his character
to the card table, and afterwards seeks a wife to reclaim
him ; • poor curate, who has formerly been addicted
to the gaming table, and who has lost his living
through the machinations of others ; a love-lore
youth, the nephew of the wealthy baronet before
mentioned ; a tatterdemalion lad, around whose career a
cloud of mystery hangs, too deep to penetrate ; and the re-
spective daughters of the curate and the lawyer, each of
them a young lady entangled in those meshes in
which the stage Cupid is wont to hind his willing victims.
It would be • tedious and an unnecessary task to •
to unravel the plot of the piece, there being a want oft=
dent clearness to reader it readily intelligible. The sat-
log was in all respects most praiseworthy; Mr. T. Mead,
who made his first appearance at this theatre, in the Aim-
ter of Crowley, the lawyer, proving himself • 'amide
acquisition to the establishment ; and Mr. 0. Cooke, Mr.
W. Bbalden, Mr. Ferran, Mr. \V. Fatten, Miss Andertne,
and others, exerting themselves to the utmost to give due
effect to • piece which, though not of a vcry high order of
mode is the dramatic scale, presented many indications of
IMAM Ind study The piece was loudly applauded at the
sad, sod Mr. Ferran announced the authorship to belong
to Kr. Daly, • young aspirant to dramatic honours.

Mmeatox-nousz.—lt is understood that the Lord
Weyer has imaed invitations for a dinner on Saturday next,
the 23rd instant, to her Majesty's ministers and • di-
tfsgs.'ehed party of the nobility, members of the House of
coonwoo, and other gentlemen and their ladies. And hi
lordship givesa woad stele eatestatuteat ea the 2nd of
Avast aut.

Ea V) Ridelligence.

HOUSE OF LORDS.-YEMRDAT.
COMMITTEE FOR PRIVILEGES.

Before Lord ltedesdale, Chairman of Committees; the
Lord Chancellor. the Duke of Montrom, the Earl of Devon,
the Bodo( Wickluwe, Lord Brougham, Lord Sr. Leosardo,
and other peen. _
__

Tai DUZZDOX OF MONTZOSIL

This is a claim to so alleged dormant dukedom of Mon-
trose, by the Earl of Crawford and Baleares,.

Sir Fitzroy Kelly, with whom were Mr. J. Stuart Wort-
ley, Sir John Bayley, and Mr. Riddell, of the Seuttiah bar,
appeared for the claimant.

The Attorney-Gleaeral and the Lord Advocate appeared
to watch the case on the part of the Crown.
Mr. Ruh, Mr. Hope, and Mr. Como Inner, of the Scot-
tish bar, appeared for the present Doke of Montrose, who,
although not a party or having an interest in the claim, as
the title claimed is not that which he bears, has yet peti-
tioned the house to be represented.

Sir F. Kelly stated that he appeared for the claimant in
this ease, James Earl of Crawford and Balearres, and Lord
Lindsay in the peerage of Scotland, and sitting in their
lordships' house u a peer of the United Kingdom, under
the title of Baron Wigan of Haigh Ball. This nobleman
had recently succeeded in establishing before a committee
of their lordships house his claim to the Earldom of Craw-
ford, the premier Earldom of Scotland, and now he claimed
the highest dignity it was in the power of the sovereign to
bestow, and asked to be declared Duke of Montrose and
premier peer of Scythed. Au ancestor of the claimant,
Sir David de Lindsay, was ennobled by Robert third king
of Scotland by the title of Earl of Crawford on 21st April,
139 d. The patent was not in existence, but as the claim
to th►t dignity had recently been under the consideration
of their lordships, they were in possession of all the docu-
ments and facts, and under the decision of a commit-
tee of that house the dignity had been confirmed as
having been bestowed on David the first earl
and his theirs male ; and the vast possessions
which accompanied that dignity had also been always
limited to the heirs male. The first earl was succeeded by
Alexander, the second earl, who was succeeded by David,
the third earl, who was succeeded by Alexander, the fourth
earl, and he was succeeded in •the earldom by David, the
fifth earl (afterwards Duke of Montrose), in 1453. At that
time David, the fifth earl, was perhaps one of the most
powerful nobles in Scotland, and was always loyal to the
kings of that realm, and especially James 111., in whose
reign great troubles arose, and Scotland was desolated by
civil war. At the close of the reign of that monarch the
Earl of Angus and other nobles who were opposed to the
measures of the king, conspired together to interfere with
the exercise of his prerogative, and hating possessed them-
selves of the person of the Doke of Rodney, heir to the
crown, confined him in Stirling Castle, and-then using his
name broke out into open rebellion, and having raised an
army proceeded to attack the sovereign on the throne. The
King was under the necessity of rallying round him all
his adherents for hie defence. Among the most powerful of
the nobles of Scotland, and at the same time the most faith-
ful subjects of James the Third, was David, the fifth Earl
of Crawford. He was also the richest subject in &edited,
being possessed of thirty baronies or lordships, and filled
several high offices of state. The Earl of Crawford has•
toned to the relief of the King, with an army raised from
amongst his own clansmen and followers, consisting of
2,000 horse, 6,000 foot, and he was present when the hos-
tile armies first met at the battle of Blackness, on 18th
May, 1488. At that time James tke Third was undoubt-
edly the rightful sovereign of Scotland, and he then con-
ferred on the Earl of Crawford the title of Duke of
Montrose by charter or patent. A few days after the title
had been conferred, the armies of the insurgent nobles
and that of the sovereign met at the battle of Stirling, which
took place on June 11, 1488. It ended in the defeat and
death of James the Third, and de total dispersion and
annihilation of his army. James IV. succeeded to the
throne, and those nobles who had used him for their pur-
poses against his father became in the ascendant, and ruled
the kingdom of Scotland. Hence occurred the next event,
on which one of the two great points in the present case
some. On 17th October, 1488, a parliament having been
assembled, an alt or ordinance was passed, which, it was
contended, had the legal effect of annulling the dignity of
the dukedom of Montrose, which had been granted to the
Earl of Crawford. There were two questions on which
the case depended. Firstly, whether the act, called the act
ruciuory, had the effect of destroying end annulling the
dukedom. It the patent of 1488 wee 0411 in force, then the
remaining question was whether, on the true construction
of that patent, the dignity stands limited in point of law to
the heirs male of the fifth Earl of Crawford. The learned
counsel then proceeded to state that he should contend that the
Emissary Act in question touched or impeached the
patent, and that he was supported in that contention not
only by reason and justice, but by the strict rules of eon-
'traction, and the highest authorities in the law both of
Scotland and England. This Reeciasory Act and one other
English act were the only instances now known of attempts
to strike at the power of the crown to grant dignitiee; and
if there were Mere, they had been either repealed er fallen
into desuetude. Re was prepared, nevertheless, to deal
with it as an act of parliament, and to apply the ordinary
rules of construction, and the first point that arose was
whether on its true construction it destroyed the dignity in
question. It was an act highly penal, and worked the for-
feiture of dignity and lands, and was therefore to be strictly
and rigidly construed. It enacted not that any particular
dignity should he annulled, but that all dignities prejudicial
to the King should be quashed, and It was to be considered
whether a grant by a sovereign to a faithful servant for
services rendered wu to be so construed as to quash it. The
learned counsel was proceeding with htl argument,
when their lordships adjourned.

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—LEwr.s, I= 18.

The commission for the county of Suarez wax opened
here on Saturday, and this morning business was proceeded
with in both courts at twelve o'clock, the Lord Chief Baron
presiding on the Crown side, and Mr. Justice Cresswell on
the civil side. The burliness of the assize is very heavy for
this place, especially at the summer circuit, the gaol
calendar containing no Ices than three very serious charges
of murder, two of arson, one of manslaughter, one of bur-
glary, rape, 80. On the civil side ten causes are entered,
seven of which ars special jury eases.

The Lord Chief Baron in his chugs to the grand jury
called their attention to the iaeonvenienca that was created
by the committal of persons for the crime of arm, where
the evidence against them at most amounted to suspicion.
He said that it would appear that from the nature of the
crime and the difficulty and indeed almost impossibility of
obtaining direct evidence there was an opinion titaness
evidence was sufficient to justify • committal than was
required in an ordinary ease of felony. This, he said, was
a most erroneous opinion, and one which was calcu-
lated most materially to affect the interests of jus-
tice, fer in proportion to the serious character of
an offence ear, ought to be taken ant to commit a prisoner
to take his trial for it unless the evidence was such as would
justify any reasonable mind in coming to the conclusion
that there was a probability of a conviction. He was happy
to say that mischievous offences of this description had
tatterly very much decreased, but every one must feel the
mischief that was created when a person against whom a
strong suspicion of guilt prevailed was acquitted, through
being committed for trial upon insufficient evidence ; and
in all such cases it was much better to wait until reasonably
conclusive evidence war obtained to As the guilt upon a
particular individual, than to commit upon mere suspicion,
when the result must inevitably be ea acquittal, and the
party accused would thus altogether escape. He said he
was induced to mention this, from what had occurred
during the present assizes in a neighbouring county ; and
he merely threw oat the suggestion, being fully aware that
11 with gentlemen of their experience it would be properly
I acted upon in future.

John Broome, the pugilist, wits called upon to sur►ender
and take hie trial for misdem•anoar in haying unlawfully
obtained a large sum of money from William Ramp by
means of fraud sad cheating at cards.

The defendant did not appear.
Mr. Parry said he was instructed, on behalf of the de-
fendant, and his solicitor informed hint that be wee very ill
in the early part of the morning, but that it was his in-
tention to surrender in the course of the day and take his
trial.

Mr. Creasy reminded his lordship that two permits bad
already been convicted of being concerned in the act im•
paced to the defendant, and that be had absconded. He
surrendered at the last assign, and the wart postponed the
trial to these anises, with the understanding that it should
then positively come on. Under these circumstances he
thought the recognisance. of the defendant should be
estreated.

Mr. Johnson, who was with Mr. Creasy, for the prosecu-
tion. said, in point of fact, he was not prepared to go on
at that moment, as the prosecutor was not present. He
was under a recognisance of 6001. to appear at these assizes,
but he was informed that he was not present, and he could
not go on in his abeam*.

The Lord Chief Baron maid that, under these circum-
stances, as neither of the parties were reedy, the case must
of course stand over for the present.

OXFORD CIRCUIT.—STAFFORD, JULY 18.
The assizes for this county-commenced to-day, the coin
mission having been opened on Saturday evening by Mr.
Justice Crompton, who arrived late from Worcester. The
Sheriffs carriage and the usual escort of javelin-men were
is attendance at the railway station, but his lordship pre-
ferred walking privately into the tows.
This morning his lordship took his seat in the Crown Court
and Mr. Justice Coleridge, who presides in the Nisi Pries
Court, commenced the business at 12 o'clock.
The cause list looks well for the bar in these days.
Twenty.oae causes are entered, of which no lees than nine
are marked " special juries." There is a very important
ease, at least one in which there is • very large amount of
money in dispute. The Oaford, Worcester, and Wolver-
hampton Railway Company are the defendants—the action,
we believe, arises out of some alleged breach of a con-
tract for iron, the sum in dispute being no less than
70,0001.