The Sun.
London, England, 1852-02-06 00:00:00

FRIDAY

EVEN ING, FEBRUARY 6, 1852.

IRELAND.

DUBLIN, THURSDAY.—KINSALE ELECTION.—The
writ for a new election in the borough of Kinsale, in the
room of Mr. B. Hawes, was dispatched from the Hana-
per•office yesterday evening. The election will take
place early next week.
Mr. CHANBRE.—Yesterday evening Mr. Chambre was
so tar recovered as to be able to sit up in his drawing-
toom. The slug which had entered his eye, and which
it was feared bad penetrated into the brain, has passed
out behind the ear.

FATHER MATHEW.—The Cork Examiner of yester-
day announces that Father Mathew has recovered
" from the severe attack from which he suffered on
Sunday last."
ILLNESS OP THE BISHOP OF MEATH.—The Evening
Mail says—" We are informed that the Bishop of
Meath, in consequence of his late dangerous illness, has
been prohibited by his medical attendants from attend-
ing his Parliamentary duties for some time."
PROSECUTION AGAINST MR. JAMES BIRCH.--Yester-
day Mr. Birch, proprietor of the late World newspaper,
who had been arrested on the previous day on a bench
warrant for a libel on Mrs. French, was admitted to
bail, himself in 2001. and two sureties in 1001. each, to
abide his trial in the Court of Queen's Bench.

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Feb. 5.

(Sittings at Nisi Priug' before Lord Chief Baron PoL-
LOCK and Special Juries.)
THE QUEEN S. ILERKIN.
_

This was an information against the defendant for
smuggling upwards of 11,0001bs. of tobacco, valued at
2 2601.

The Attorney-General and Mr. Wilde appeared for
the Crown; Mr. Collier was Counsel for the defendant.
The tobacco, the subject of this information, proved
to have been imported in the schooner Swift, of Neath.
William Hooper, the mate of the Swift, stated that
that vessel left Neath in June last with a cargo of coals
for Plymouth. The defendant took a
passage on board
of her. After passing the Lizard, the captain called the
witness down into the cabin. Defendant, who was also
present, asked if he was willing to go over to Jersey
after some tobacco, and offered him 101. for the job.
Witness consented. They then went to Jersey. De-
fendant went on shore, and on his return re quetaed wit-
ness to assist in getting the tobacco on board. Witness
and the rest of the crew then removed about three tons
of coals to matte room for the tobacco. They then
brought on board about 200 bales of stem tobacco. The
defendant came on board twice while the tobacco was
being loaded. The Swift then sailed for Plymouth, but
plssed it, that it might appear to be coming from
Wales. They went up the Tamar, and then landed the
tobacco at a place .called Worleigh Wood. Defendant
was there assisting, but he had not come over in the
schooner.

Ocher evidence, confirmatory of these facts, having
been giver,

The jury, after bearing his Lordship's summing up,
found a verdict for the Crown.

INSOLVENT DEBTORS' COURT, Feb. 5.
( &fere Mr. Commissioner PHILLIPS )
THE NEW LAW OF EVIDENCE ACT—IN RE JOHN GRANT.
This insolvent was opposed by Mr. Sargood for
several creditors, and supported by Mr. Cooke.
It was admitted that the arrest in this case was a
friendly proceeding by the insolvent's brother-in-law
(Thompson), to enable him to take the benefit of the
Act. The creditors resided near Banbury, Oxford,
where the insolvent lived.
In the course of the case a point arose under the new
Law of Evidence Act. The Commissioner wished to
examine the insolvent's wife as to property, and counsel
objected, and the statement of Lord Chief Justice Jer-
vis, as reported in the papers of to-day, was referred to,
by which it appeared than fourteen out of the fifteen
judges were of opinion that a wife was an inadmissible
witness.
Mr. Commissioner PHILLIPS said ho had read the re-
port, but he did not see that any opinion of the judges
had been given after solemn argument. He had decided
in this court that a wife could be heard.
Mr. CooKE begged to be heard on the point. It was
oue of importance, and he contended that a positive en-
actment, which for one thousand years prevailed against
the evidence of a wife, could not be got rid of by a mere
negative proposition in the new Act, which stated that a
wife, in criminal matters, could not be a witness. The
Lord Chancellor had told them how the section was al-
tered just as the Bill was about to pass, and that it was
an oversight that the other clause was allowed to remain
as it now appeared.
Mr. Commissioner PHILLIPS said the Lord Chancellor
had not told him how it had occurred.
Mr. COME alluded to what had appeared in the news-
papers; they could not shut their eyes to what had been
e
stated by the Lord Chancellor on the subject. The
Learned Counsel urged upon the Court the danger of
admitting wives as witnesses.
Mr. Commissioner PHILLIPS was of opinion that a
wife was an admissible witness.. Hee haaindarteatdhea report,
but until he saw a solemn decision
themg to be examined.
admis-
sibility of wives he should a
He knew that it had been sailvdl:rwthahte
peace of families, but they iatrdwooufldthdeispteuarcbethoef
families being disturbed becausetile children were examined
fur and against their parents.
sa.nd after the case had occu-
pied wife was examine
put to the Commissioner
w arrest.ho
had
pied some time,
he would sustainit the petition -petitoiOnnisOff
raiemndalny
There
away from his creditors
was an assumption of property, but it did not appear to
be tangible.
Mr. Commissioner PHILLIPS sustained the petition.
He wished friendly arrests were illegal, but the law
allowed them.
Ultimately the case was adjourned for better accounts,
and the insolvent remanded to prison.

THE IRISH AMELIORATION SOCIETY.—The half-
yearly meeting of this corporation was held on Tuesday, at the
office, in Waterloo•place. In the absence of Lord de Manley
the chair was taken by Mr. Pinney, 11. P., who laid a state-
ment of the present state and future prospects of the society
before the proprietary. The report of the proceedings of the,
last special meeting was confirmed, and one of the proprie-
tors, the lion, and Rev. Mr. Percival, entered into some de-
tails relative to new and extended purposes to which the
charcoal produced from peat have been applied. Votes of
thanks to the chairman and directors having been passed the
meeting separated.
THE UNIVERSITIES OF SNVEDEN.—A letter front
Upsal, in Sweden, 20r1 ult., states that during the last s
years the number of students in the two universities of
Sweden has considerably increased. In 1846 there
aeretotnihye
800 at Upsal, and 326 at Lund ; now there
former place, and 526 at the latter, forming a 3h3
of whom 481 study theology, 503 law, 248
sstud
medicine, an
the various other sciences. Of these
Baretota i'l
of 2,08
, 663
(or more than one-third) are the song
peasants, 352
352 of
5720 to the
ecclesiastics, 191 belong to the nobility, and