The Sun.
London, England, 1852-11-15 00:00:00

THE PENINSULAR MAILS.

The Iberia, with these mails, arrived at South-
ampton yesterday morning. Her dates are,--Gib-
raltar, Nov. 6 ; Cadiz, Nov. 7 ; Lisbon, Nov. 9 ;
Oporto, Nov. 10 • Vigo, Nov. 10.
The Senator kmileo Augusto da, Costa Cabral,
younger brother of Costa Cabral, has been mur-
dered at Vizen

The war of the Bank against the Government
is still an active one. The former presented its
18,000,900 reis in notes on the 30th, under the
abrogated law, for amortisation, which the Junta,
do Credito Publico refused ; while the Treas-
ury presented to the Junta the 9,000,000 reis
under the decree to the account of the Bank, which,
with their own quota and other small sums,
amounting in the whole to 30,915,600 reis, were
duly amortised on the 3rd, as well as 9,494,091
reis in other papos of credit. The bank has also
advertisecl authoritatively for all purchasers of na-
tional property to pay the amount of their' pur-
chases into• the coffers of the bank, as if the
directors were it the exercise of ministerial
functions.
Exchange, 54 ; discount of Lisbon bank notes,
at per cent.
,On the 9th inst., at Lisbon, a mutiny broke out
among the crew of the Melbourne screw emigrant
ship to Australia. One seaman was stabbed by
another, and is not expected to live. The captain
and officers went on board the Inflexible, for secu-
'ray, the captain of which sent his boats, armed,
and brought away five of the ringleaders and put
them in irons on board of his ship. The Melbourne
put into Lisbon leaky, with loss of all three masts
'
in moderate weather, as also did the ship Typhoon,
disniasted in a gale. Several of the Melbournes
passengers have come home in the Severn.

.72 OUR NATIONAL DEFENCES BEAL?

From the Weekly Dispatch,.

It is not merely by a pun that this may be called
the ,c goldoia age_ Without doubt, in many re-
Teets' it prefers a title to the appellation, not only
in a literal but in a metaphorical sense. And,
somewhat strangely, the metaphor will be literal,
and the letter metaphorical. Although the influx
of the precious metal is greater than ever it was in
age or country, yet the gold itself constitutes a
very secondary element in that composite social
state which bids fair to warrant for this era the title
of the age of gold. Substantially the civilized
world has been in profound peace for nearly forty
years. The slight apparent exceptions appear to
have rather confirmed the rule. The wars in
China, India, California; and the Cape, have but
served to extend the influences of humanity and
civilization. The sudden outburst of the masses
of the several nations of the continent of Europe,
in 1848 and 1849, has been called a hurricane—a
storm which burst over Europe, and so forth. But
the description although pardonable as a rhetorical
climax, .is really not warranted by the facts. Of
loss of life there was little—of civil war scarcely
any—of inhumanity, far less than ever before ac-
companied rebellion or revolution. The liberty of
the nations is certainly not less now than it was
before the date of these efforts to extend it. The
material happiness of the States which were the
itgtho civilization,
governors
swr
s oafsa ut hd aselie
governed
our country disorders is actually greater than
before. The prospects of humanity and
indicated by the conduct both of
throughout these trying
scenes,
were never so bright and satisfactory. In
and
substantiaiwe have arrived at a point of greatness
Prqsperity, such as is entirely with-
out parallel in the history of mankind. Beginning
gas, on to the application of the discovery of
loom and spinning-jenny,
eaerrihenware and china, we have
a perfection of steam
twiwihetthnmaetsghneeufdparatchturcetiecalr:ote
an ,
development of canals, the
full pan,
sio
cf railways, and the latest
crowning crowning ' discovery of the electric telegraph.
navigation, then
All th cf the human intellect have been
ry niVivors of the last half century.
In a word, the material acquisitions of the race
within 50 years have been greater than those of the
preceding thousand. Nor has the science of Go-
vernment eesde
tfrior umthPeh:
behind that of mechanics, dyna.
inia, o
The executive no longer rel,
upon spies, packed i
erehfaemillenstry.d'iries, heavy punishments for
gandita,t'inEw League had corresponding
gent laws. The Chartists
whole country—held their
great meetings, levied their vast revenues, dissemi-
nated their exciting tracts. Language was violent
—the press groaned. wth the most exciting appeals.
slightas
en
societies
et theiesff Anti-Cornetnheesu
and and es of Muir and Hardy,
Horne Tooke
of
thetrarlione, the agencies of Castle
But in place
andenb h,
Oliver,erougand thea ildgments of Braxfleld and
Ell
the Government looked calmly on
—refused to interfere vith anything less than
actual was',. laracy, or rebellion--sup-
i
pressedn alrelmd by the county con-
otpheen
con-
and win revolution raged all stabulary alone ;
over Europe, our rulers Pt down insurrection in
England solely by calling 'llion the ruled to preserve
special constables. Agaulltthe Government or the
aourdtherorifotrietshoefmsthelevecso,unbtyr;_th, purely civil power of
ve
may
almost say or
write whatever we Please ; tnd even in reference
t
to the tender subject of theol)B3,---, such is the confi-
dent reliance of the governi body on the power
of truth, and the good Beast of the people, that
Socialists write and speak blahemy, at their lei-
sure, and nobody thinks of meeting them with any-
thing but argument. Our delberative is as pro-
gressive as our Executive Government. Catholic,
and Dissenting, and Negro P-4n4, ncipation, Munici-
pal and Parliamentary Reforn,. were the fitting
preludes of the inaugaraten of free trade and
navigation, the developm.ent of ct colonial system,
the wise and wonderful unprovelkents in the theory
n.
hand practice of finance and fixation, and the
recent stupendous reforms in the department of
jurisprudence. Still the miseries o; the Irish people,
the frightful inequalities of riches and poverty
in England the appalling squalor of large masses
of our population, in the manuFacturing, agri-
cultural, and mining districts, were " motes
to trouble the mind's eye" when the sud-
den impulse given to the migratory instincts of
the poor, and the discoveries of gold in California
and Australia, combined with the beneficent influ-
ences of free trade and improved taxation, have
cleared off our surplus masses, raised the wages of
those that remain, given a fresh stimulus to manu-.
factures and trade, and have called into existence
a great increase of? customers for our productions
in our colonies and the United States. Looking
back upon the past, and leaning upon our staff to
survey the journey that lies before Us, we have
reason to be proud of our great achieves rents, and
have abundant grounds for satisfaction and con-
tentment with our position. Our forefathers rushed
into a war with Napoleon the First, spent 500
millions of money bout nothing, reduced Consols
to 45, and Rentes to zero. We have rushed into
a treaty with Napoleon the Third, greatly to the
advantage of both countries ; Consols are 1001, and
Renter 105. Still there is a skeleton in our house

we know not how to banish---:a chip in the porridge
we cannot fish out. Crime is making head against
education, proAperity, and .civilization. Even al-
though pauperism has been materially reduced, and
the workhouses are fast becoming empty, we can-
not make the smile report of our jails and peniten-
tiaries. Infanticide, the garrotte, poison, burglary,
embezzlement, theft, violent murder, and every
species of imposture and swindling, daily present
their frightful catalogue of cases. The skill,
dexterity; intelligence, and active courage of the
police are certainly almost miraculous ; but the
cunning and science of the dangerous classes appear
fully to keep pace with the progress of the age.
Laudanum gave them a perilous power7---they have
added to it by the garrotte and chloroform. Im-
posture and swindling are practised on a much
larger scale by a far higher class of practitioners,
and with a delicacy and refinement which seriously
threaten the security of trade, and too often baffle
the powers of the law. As the improved material
condition of the people, and the more searching
labours of a wise philanthropy, have deprived crime
of many of its palliations, so. do they justify a
greater strictness and severity of retribution ; and
we think the time has come when the theory and
practice of our criminal jurisprudence demand the
application of the most comprehensive reform. To
begin with a very obvious suggestion the
office'rs of justice must, in the execution of
their duty, be surrounded with the protection
of the law. Our neighbours on the other
side of the Tweed, visit not merely an
assault upon, but mere resistance to, a constable,
with the heaviest punishment. The turbulent or
the criminal ought to be made, instinctively and
habitually, to be as obedient and submissive to a
policeman as a citizen of Madrid was to an alguazil,
or a civilian in Valladolid to a familiar of the In-
quisition. Subjects should be trained by custom
to the consciousness that wherever an officers move
the whole power of the State moves with him ;
and the officer should be encouraged to do his duty
by the knowledge that no man will dare, without
the severest punishment, to obstruct him by re-
sistance or aggression. Even the attempt to
escape from a policeman, where no other offence is
substantiated against an individual, should be
visited with judicial penalties. The ends of justice
require that every man Should. respect the warrant
with which every constable is armed. The com-
placency with which our police magistrates contem-
plate the pommelling of Inspector A., or the
mauling and battering of Serjeant 8., their own
authorized functionaries, is one of the least tolera-
ble of their many stupidities. Although it " may
make the unskilful laugh, it cannot make the ju-
dicious grieve," to see these sapient Rhadaman-
thuses daily aiding and encouraging the compound-
ing of all kinds of crimes. " Liberty to speak to
the prosecutor," has become one of the commonest
expedients of our magistrates for removing the cul-
prit beyond the reach of the vigilence of justice.
Nay, overtures are daily made by criminal's coun-
sel in open court, and apparently with the encou-
ragement of the presiding judge, to the prosecutor,
and arrangements are made which it is not easy to
distinguish • from the compounding of felony.
In passing, it is worth while, parenthetically, to
observe that this is apt to produce the worst
effect upon the constabulary, who thus see
all their ingenuity and activity in bringing of-
fenders to justice, frustrated by the corruption of
the parties wronged, and. the laxity of the court itself.
It was but the other day that, on the trial of a pri-
vate in the Guards for repeated dastardly and wan-
ton assaults upon a policeman, the officers of the
culprit begged him off and the judge suffered him
to escape 'with a nominal fine, because, forsooth,
imprisonment would stop his promotion. The only
wonder is that the police, with such magistrates,
do not imitate staunch dogs who hunt with a bad
shot,
and slink in disgust at the heels of justice,
refusing
gan faanyills to bringongertopdooinwtn.at
Hgaemreehwaslibcheenthae
Young sprig of quality, named the Hon. Mr. Cur-
zon, reviving the obsolete trade of highwayman,
and presenting pristols to ladies on the road with
the usual alternative adjuration of " Your money
or you life !" allowed to escape out of the country
wi▪ th impunity, because the parties aggrieved were
" talked over" from the performance of their clear
duty to the public. The adoption of the Scotch
system of a public prosecutor in every county, and
of Crown counsel at the'head of the criminal ad-
mi▪
nistration of the country, is imperatively re-
quired by the circumstances of the times. By that
substitution the grand jury system may at once be
dispensed with. Prosecutions will then be con-
dilated on the responsibility and at the peril of an
accountable officer. No tampering-with the plain-
tiff will be practicable—because then the Crown,
or its offl,ters, the prosecutors. and tb.e -pri-
vate parties witnesses alone, at the command of the
executive. In place of criminals being allowed to
escape by the connivance of the victims of offences,
by neglecting the proper means of prosecution, or
by withdrawing witnesses or misinstructing coun-
sel, it will be at the peril of a responsible lawyer
if a miscreant is spared, or a frivolous prosecution
permitted. Cases will then be much more scienti-
fically "got up." It won't be a mere superinten-
dent or inspector who will then prompt the clue
to discovery, or the line of investigation ; but
acute barristers, sharp solicitors, and superior
officers, long trained to the business, and organised
to follow it on a system. It is obvious that a more
educated and higber class of persons enter the
ranks of crime than formerly, and demand an un-
proved organism of justice to cope with. We have
been long also of opinion, that the situation in
which a proscutor, who is also the chief witness, is
placed in this country, is one which places the
innocent in great peril. His expenses often depend
upon his evidence being sufficient to procure a con-
viction. He too often persists in a statement, or
colours it, because he is bound over to prosecute,
and is forced by the committing magistrate to go
on. A public prosecutor would often detect this,
and probe the real value of the evidence, saving
the rash from perjury, and the innocent from its
consequences. The establishment of the County
Courts, the powers of which ought to be further
extended, will afford excellent opportunity for the
initiation of a better system. We trust it will
lead to the full development of the machinery of
the Judge Ordinary jurisdiction, which his long
prevailed in Scotland, and which gives to local
judges, called sheriffs, in the various shires, a large
portion of the functions now confusedly divided
between the Spiritual, Equity, and Cotnmon Law
Courts of England. It is clear that the economy
of our criminal jurisprudence, calls loudly for
amendment, and we trust that when reforms so
extensive and valuable as have lately engaged the
attention of our " Law Lords," have conferred
their blessings on the country, Lord Brougham
will not forget the rapid growth of crime, and the
clamant necessity of an effectual machinery for its
punishment and suppression.

NAVAL INTELLIGENCE.

MALTA, Nov. 9

I announced in my last that a vessel of war was in
sight. She proved to be the Phaeton, and during the
night the Admiral, with the Britania, Albion, Trafalgar,
and Bellerophon, came into port with the. Tiger and
Scourge steamers. On the following day (3d) the Ven-
geance and Modeste came in, and on the sth the Fury
returned from Tunis. The Modeste has returned to
Cdasotcuerfuecaotmuonteftevort send down the Arethusa, and she will not be
relieved until the arrival of the Wasp. The Scourge
left us on the 6th for Gibraltar and England, to be paid
off ; and the Retribution is under orders to proceed to
Constantinople, and sena down the Sampson, lately
despatched from Corfu, for service in the Bosphorous.
The Astrologer screw steamer, from Liverpool, met
with an accident in lat. 36.35 N., long. 12.31 E., frac-
turing the crank of her foremost engine, which zaused the
breaking of the cylinder cover. She was towed in here
by the Brigand screw steamer, and will take three weeks
to repair.
On Friday a court-martial was held on board the
Trafalgar, composed as follows :—Rear-Admiral Harvey,
President. Captains Lushington Greville, Lord Rus-
sell, Giffard, Carter, Lord Paulett, and Elliot, to try
John Brown, second stoker of the Retribution steam
frigate, on the prosecution of Captain Drummond, for the
ship.manslaughter of William Jeffries, a stoker
.of the same
The Court having consulted, returned a verdict of
Guilty, and sentenced the prisoner to be imprisoned for
two years in one of Her Majesty's gaols in England.
On Saturday the court re-assembled, Captain Drum-
mondiames biceiinngg,thseecoonlnyet
eandgdiintieoenralofmHemerbmer,ajfeosrtythsesttr:aarnl
steamer
Sheerwater, on five separate charges, viz., Ist, 2d, 4th,
and sth, for drunkenness, and the 3rd for taking a case
of spirits on board, contrary to written orders. On
ttt
mhha
nsac .
that city,
fac:ri
illu-
minations hyue
e,,.
con-
sidering the evidence, the Court found the prisoner—on
the first charge not guilty ; on the second charge, guilty ;
guilty ;
oots :
Insaoehfthhetpi
ahgerrehi fifthwshigher
visitnteclass
lrrca
s,houasfpt roftgothe:r
e,_e
thet
Kphlplaced
itnguilty.:dgpeaado
on the third charge, guilty; on the fourth charge not
The Court, in consideration of the previous good con-
sentenced him to be dismissed from Her Majesty's
have received
gleivtteenrstfro ohmimM.e
Balls,ssina givingfet brilliant
he2l
ee bsmefitot thns
list of third-class engineers, and not to be allowed to ad-
vancet ecfeaeNtofftahtpl
mianlndahtthaions were the order of the day, and His Majesty
was much gratified at his reception. He lad; pardoned
very many of the political refugees, and will it is thought
forgive many others.
The fleet will leave to-day for Gibraltar, whence a por-
tion will proceed to Lisbon, and a portion return he.le.
I mentioned, in a recent letter, that a Court of In-
quiry had been held- on Lieutenant M'Donald, of the
Britannia, for nearly running into the Firebrand. I was
misinformed. The officer brought before the Court and
acquitted was Lieutenant M'Dougall, of the Firebrand.
The India mail has arrived, and closes this morning
early. There is no news of the least importance. The
18th, 80th, and 05th had left Rangoon fQr Prom, with a

field battery and a company of artillery. Others would
follow in three weeks.
The Madras, from Southampton, has not arrived. She
is fully due.

PORTSMOUTH, SUNDAY.
The Pitt, old 74, built at this dockyard in 1816, but
never commissioned, is ordered to be converted into a
coal depot, to be stationed at the Motherbank, to enable
men-of-war to replenish their stock of fuel on an emer-
gency, wittiout having to waste time and labour in dis-
charging their powder, and to come into harbour to do
so. It is reported, however, that .the Pitt, after 36
years' inactivity, is so rotten as to be scarcely worth the
expense of conversion, and this, we apprehend, is the

case of too many of the ships in ordinary.
The Russian frigate Pallas, 50, Captain Unkovsky,
which arrived on Thursday, is to come to be docked for
repairs prior to the pacific and Kamschatka, with Rear-
Admiral Pontiatine, now in London, who will hoist his

flag on board her here. A small iron screw steamer, the
Fearless, of 200 tons formerly engaged in the Bristol
fruit trade, is now being fitted out by Mr. Camper, the
yachtbuilder, of Gosport as a tender for the Pallas.
The completion of the screw ships building in our dock-
yards is ordered to be expedited by the men being em-
ployed upon them at job and task work.
A screw guard-ship is to be stationed at the Channel
Islands to assist in their protection.
The crews of her Majesty's yachts' Victoria and Albert
and Fairy were paid wages upon the new system (down to
one month due) at they pay-office yesterday. •
The Frolic, 16, sailing-sloop, has undergone a thorough

refit, and will be undopked to-morrow.
The Egyptian, Pasha,'s (Said'E4 yacht, Kassid Kheir,
has been refitted, and is reedy to leave dock. The
Gladiator, paddle-frigate, will take her place on Tuesday,
to be overhauled and repaired.
PORTSMOUTH GA.RRISON.—GeneraI Viscount Hardinge,

G.C.8., Commander-in-Chief the Army, Baron Rag
Master-General of the Ordnance, and staffs, are expected
at this port this week on a visit of inspection connected
with the defence of the country.
, PLYMOUTH, SUNDAY.
_

The gale on Friday nigh flooded all the lower parts
of the towns of Plymouth, Totnes, and Teignmouth, and
caused some damage amoung the shipping. These parts
of the South Devon Railway near the sea at Dawlish
and Laira were covered several inches deep in water.
Her Majesty's frigate Indefatigable, Captain Smart,
was towed from Sound yesterday by the Avon and Con-
fidence steamers into Hamoaze. To-morrow she will be

placed alongside the jetty for the purpose of being dis-
mantled. Her crew will probably be paid off on Thurs-
day, and she will, it is said, be forthwith recommis-
sioned by Captain Hillyer.
At 6 a.m. yesterday two line-of-battle ships were seen
near the Start, with their heads off the land. Wind, S.E.
SHEERNESS, SUNDAY.

Her Majesty's cutter Active, Mr. Charles Austen
Second Master-Commanding, left port yesterday morn-
ing for Chatham on dockyard service.
Her Majesty's paddle-wheel steam-vessel Myrtle, Mr.
W. S. Bourehier, Master-Commanding, having com-
pleted necessary repairs, has been removed from the
basin to moorings in the harbour, and resumed the duties
of tender to the Monarch, 84, guard-ship of the ordi-
naryH.
er Majesty's steam-vessel African, Second Master
Gill, has made good her defects, and will be employed
as heretofore as a steam-tug.
Her Majesty's paddle-wheel steam-vessel Cuckoo, 1,
has been removed to moorings off Lapwell.
Her Majesty's paddle-wheel steam-vessel Lizard, em-
ployed as tender to the Monarch during the refitting of
the Myrtle, was yesterday transported to moorings off
the north end of the dockyard, preparatory to being
taken into dock to have her copper overhauled.
The officers and crews of her Majesty's ships Aga-
memnon, 92, London 90, Horatio, 22, &c., were mus-
tered yesterday by the Hon. Montague Stopford, Naval
Aide-de-Camp to the Queen, and Flag-Captain to the
Commander-in-Chief.
P battalion consisting of 5 captains, 12 subalterns, 18
sergeants, 20 corporals, 15 drummers, and 300 privates
of the Chatham Division of Royal Marines, and 2 lieu-
tenant-colonel, 5 captains, 20 subalterns, 15 sergeants,
20 corporals, 8 drummers, and 300 privates of the Wool-
wich Division, under the command of Colonel Second
Commandant Willes, with the field-adjutant and divi-
sional colours and band of the Chatham Division are
under orders to form part of the funeral procession of
the Duke of Wellington, on the 18th instant.
Captain Farmar, 'of the Chatham Division of Royal
Marines, has been granted a month's additional leave of
absence, for thr benefit of his health.
A gale of wind from E.S.E. set in here on Friday
forenoon, blowing violently until 4 a.m. yesterday. The
tide flowed full 18 inches higher than usual, the sea
breaking over and washing away portions of the sea-wall
at Miletown, and reaching very nearly the rear entrance
to the Royal Hotel Gardens. Several artillerymen were
employed until a late hour at night in filling up with
with bags of sand the breaches in the embankment.
Two Dutch barks, the J. C. Schotel, of Dordrecht, J.
P. von Beest Holle, master, bound to Batavia, in ballast,
and the Java Packet, IL von der Ingeden, master, from
Rotterdam, for Akyab, were assisted into harbour from
between the Gunfleet and Sunk Sands, by the smacks
Elizabeth, Ranger, and Liam, nook, of Whitstable.
The brig Robinson, of Hartlepool, Finch, master, has
come into harbour with windlass, body, and betts
lost an anchor and 90 fathoms of chain,
and sustained sundry (-111,-nagef; by neing run us. .....‘c.11.1 ot,
while at anchor, by the brig Charlotte, of Montrose.
Several other vessels have also put in with loss of
anchors, chains, • &c.

LAW INTELLIGENCE.

COURT OF EXCHEQUER.—Nov. 13.
LUMLEY V. (AYE.-THE WAGNER CASE.

Mr. Creasy, on Friday, applied under the 80th sec-
tion of the Common Law Procedure Act, for leave to
plead, and demur at the same time, to the declaration in
in this case. The declaration stated that Mdlle. Johanna
Wagner had entered into a contract with the plaintiff to
perform and sing for him, at her Majesty's Theatre, dur-
ing three months, and that the defendant, knowing this
fact, had induced Mdlle. Wagner to enter into a contract
with him to sing elsewhere during the same period, and
agreed to indemnify Mdlle. Wagner against the conse-
quences of the breach of her agreement with the plain-
tiff, by reason of which premises the plaintiff had been
deprived of the profits which jie would have gained had
Mdlle. Wagner performed her engagement, to the plain-
tiff's damage of 30,0001. To this the defendant pro-
posed to plead. 1. Not guilty. 2. Traverse of the
contract between the plaintiff and Mdlle. Wagner. 3.
Traverse of the defendant's knowledge of Mdlle. Wagner
having entered into a contract with the plaintiff. 4.
Traverse of Mdlle. Wagner having been prevented ful-
filling her contract with the plaintiff in consequences of
the acts of the defendant.
The grounds of the proposed demurrer were that the
declaration did not show a legal damage resulting to the
plaintiff from the acts of the defendant.
The application was made on affidavits by the defendant
and his attorney, stating that the defendant was " ad-
vised and believed that he had just ground to traverse the
several matters proposed to be traversed by him."
The Court considered that some of the matters proposed
to be traversed were peculiarly within the knowledge of
the defendant, and should be sworn to, and therefore
recommended the learned counsel to renew his application
on amended affidavits„the present being insufficient.
The learned counsel, in consequence of this, renewed
his application to-day (Saturday) on amended affidavits
from the defendant, who swore, with respect to the mat-
ters proposed to be traversed, that such of the facts as
came within his own knowledge were true.
On this the Court granted the application.

COURT OF COMMON PLEAS.
IN RE STORY.

Mr. Parry renewed an application made on a former
day, for a prohibition to issue to the Bishop of London
to prevent his client, Mr. William Story, being pro-
nounced in contempt of the Ecclesiastical Court. It ap-
peared that his wife, Mrs. Elizabeth Story, had insti-
tuted a suit against him praying for a restitution of
conjugal rights, and he had received notice of a motion
requiring him to take her home and treat her with con-
jugal affection, and to certify that he had done so before
the next Court day. This notice was served upon him,
but when he appeared a different notice to pay past ali-
mony was moved, and ho had been decreed in contempt
for not making this payment ; at the same time his wife
had been refused by her proctor to be delivered up to
him, and this decree had been pronounced in his absence.
Mr. Parry referred to the case of Ex parte Kenning, 17
L.J.Q.8., 257, and Capel v. Child, 2 Cr. and Jer., 574,
and contended that this judgment ought not to have
been pronounced in his absence, or without notice to
him to appear.
Mr. Justice Maule said he had been regularly cited to
appear, and it might be his duty according to the prac-
tice of the Court to attend every other stage of the pro-
ceedings.

The Court refused the application. The Ecclesiastical
Court was competent to pronounce the judgment it had
done. Story appeared to have been duly summoned in
the first instance, and it could not be contended that a
wrong practice had been followed, and Story had inotshown any irregular proceedings to render a prohibi-
tion necessary.
Rule refused.

INSOLVENT DEBTORS' COURT.—OCT. 13.
IN RE MANUEL EDINE DURUP.
The circumstances of this case, which occupied the at-
tention of Mr. Commissioner Law more than three
hours, were of a very novel character. The insolvent,-
who had been a long time in prison, was charged by his
mother with stealing some articles of grocery, of the
value of 155., and committed for trial. Before the trial
she died, and by her death he became entitled under his
father's will to property to about 3,0001. On the
trial his mother's depositions were read, and he was
convicted, on which he was sentenced to three weeks'
imprisonment. As he was convicted of felony his
property became forfeited to the Crown, and it was ac-
cordingly claimed. Applications were made on the part
of the insolvent and his creditors to induce the Crown
to forego the claim, and it was now stated that the
Crown had given up the right, and that the insolvent's
aunts had claimed it, on the ground that the insolvent
was illegitimate, his parents having been married only
by the Roman Catholic religion. He now declared that
it was the first time he had heard that the Crown had
relinquished the claim. He denied that he was
mate, as his parents were married at St. George's, Han-
over-square, after the ceremony in the Romish Church.
Mr. Commissioner Law, after a long investigation,
required further evidence, especially as to the alleged
marriage. It was important to ascertain whether the
property could be obtained for the creditors,
The cue waa adjourned. -
• ;•.

FNCE.

WORSHIP-STREET.—Mr. John Blackmore, a portly
middle-aged man, who formerly carried on business as a
timber merchant, but is at present the landlord of the
Plough Tavern, in Shoreditch, appeared before Mr.
D'Eyncourt, to show cause why an order of affiliation
should not be made out against him, in respect to an
illegitimate female child, the offspring of his niece, Alice
Smith, of which he was alleged to be the father.
The complainant, a handsome young woman, who
gave her evidence with great decorum arid propriety,
stated that while residing in the country, about eighteen
months since, she received a communication from the=
defendant, apprising her that his wife, who was her
mother's sister had fallen a victim to cholerb,, and invit-
ing her to join him in town, and officiate as his house-
keeper. She assented to the proposal, and during
the early part of her residence with him in that ca-
pacity he conducted himself towards her with the
becoming respect which was due to her in their
relative positions ; but on last New Year's-eve,
after he ha.d'escorted home some ladies who had spent
the evening with a party at their house, the defendant
forcibly obtruded himself into her bed-room; adjoining
the chamber occupied by his own son, and, notwith-
standing her indignant remonstrances and strenuous op-
position, succeeded in accomplishing her ruin. The in-
timacy was repeated on different occasions between that
time and the month of May following, when she found
herself in a pregnant state ; and, on communicating her
condition to the defendant; he suddenly left the house.,
and, after disposing of the whole of his furniture and
effects, ' abandoned the place, leaving her alone, with
nothing but the two boxes which contained her clothing,
in the deserted premises. In this extremity she applied
for refuge to one of her father's friends, a tradesman,
named Wood, who resided in the neighbourhood, and he
instantly received her into his house, where she had sub-
sequently giien birth to the infant which formed the sub.

jet of the proceedings.
The defendant was examined in answer to the charges
and stated upon oath that such intercourse had un•
doubtedly taken place between himself and the com-
plainant on more than one occasion, but he was quits
confident that it had not occurred since the month of
December last. In reference also to the charge of hay-
ing deserted the complainant, he was anxious to explain
that his sole reason for leaving his house was in conse-
quence of an imperative notice to that effect which he
had received from the directors of the Eastern Counties
Railway.
A yosung man named Joseph Fax was next called,
and stated that be had known the complainant for three
years, during which time similar acts of intimacy had
repeatedly taken place between them up to Christmas

last.
The complainant was recalled, and, in answer to the
magistrate, declared that the evidence of the witness was
wholly without foundation.
Mr. D'Eyncourt expressed his opinion that the case
had been completely established ' • and, after adverting to
the gross immorality which had been developed in the
course of the investigation, directed an immediate order
to be made upon the defendant for the prescribed allow-
ance, and 2s. 6d. per week, together with the expenses
attending the accouchement, and the other ordinary
charges.

CLERKENWELL.—Joseph Lawes, an elderly mall,
was charged with having stolen two brass candlesticks,
the property of Mr. William Stone, of Goldsmith's-row,
Hackney. On Thursday last the prisoner charged a,
man named Hill with felony, when he was fully com-
mitted for trial. The prisoner's daughter, who was co-
habiting with the man Hill, was in attendance at the
examination, and, on leaving, threatened to be revenged
of her father, when she gave 'information that he had
stolen the candlesticks from the prosecutor, and she led
him to a chandler's shop, where she had left the prope4
for the prisoner.
Mr. Tyrwhitt (to the daughter)—Pray aro you a
married person ?
Daughter—l am.
Mr. Tyrwhitt—l understand you left your husband to
live with the man Hill ?

Daughter—That is true.
Mr. Stone said she came to him and said she could
transport her father, and give important information,
she was well paid or it. He asked her how much sh°
required. She said half-a-sovereign. Mr. Stone added,
a short time ago the prisoner assisted in removing his
goods, and he missed the candlesticks and other articles,
but never entertained any suspicion of him.
The daughter chucklingly said—l would not have
given this information if he had not given Hill inte
custody.
Sergeant Judge, 268 G, here said that the prisoner
was taken before the magistrate at Worship-street
police-court, who had sent the charge before Mr. Tr'
whitt, who had investigated Hill's case. He
Arnold) designated the daughter as a most depraved an
worthless person, and the parties in that Court,' es
this, expressed indignation and disgust.
Mr. Tyrwhitt said he must commit the prisoner for
trial, but would he like to ask his precious daughter all
questions now.
Prisoner—l own having sent her to sell the prope el-Vl.c
She has adopted the present course in order to prven
me from prosecuting the man Hill.
Mr. Tyrwhitt said he would direct that the prisoner
Fhoula be brought up ne,,ir, tyin a rom,md, and further
inquiries should De made.