The Sun.
London, England, 1837-10-16 00:00:00

EAST KENT.

ASHFORD, OCT. 13.—This morning the Revising Barr--is=
ters opened their courts here, to re the lists for this dis-
trict, which arc the last for this division of the county.

DECISIONS AS TO TRUSTEES..--FARIIII OF EETHEUSDEN.

Abraham Shilling, the minister of the Union Chapel of
the SoCiety of Calvinistic Baptists, claimed a freehold as
trustee of the chapel, and was opposed by Mr. Farley for
the Conservatives.

The trust deed was put in evidence, and froin it it ap-
peared that the chapel and burial ground attached to it
were vested in the trustees, on the trust that they should
permit the said chapel and buds] ground to be used, occu-
pied, and enjoyed by the society, and to permit the person
chosen by the majority of the congregation to officiate as
minister. The several other usual trusts were contained in
it, but there was no mention whatever as to the disposal of
accruing profits.
The claimant, on being examined, proved that he was one
one of the trustees under the deed, and also the minister of
the society, and that in this last character he received a
salary of 301. a-year, paid quarterly,'out of the pew rents
and voluntary collections at the door: The deacons, who
were chosen by the congregation, used to let the paws, re-
ceive the rents and contributions, and paid the amount
of his salary. They managed the general affairs of the
chapel.
The COURT delivered- its judgment to the following
.effect has been said that there is a contradiction be-
t Ween the '23d and 26th sections of the Reform Act, and
persons have gone •the length to censure the Legislature,
and to say that they had forgotten themselves when they
framed both these sections. But a conjecture may be made
to explain these supposed contradictions. It may be con-
jectUted. that a man may be a trustee for his own use and
benefit; and that a Man .may be' a trustee not for his own
use and benefit. Here is a case of a trustee in receipt of
the rents and profits to his own use and benefit. This
gentleman, as a minister, is to be looked upon as cestui quc
trust, and as a trustee he is to be considered as a trustee
alone. We will now confine ourselves to the argument just
adduced. If he had qualified as minister, he would be
wrong ; but he has qualified rightly, as he is a trustee in
receipt of the rents and profits to his own use and benefit.
Here is a case to reconcile the supposed contradictory ex-
pressions in the Act of Parliament, and which will show
that the Legislature was not so incautious as some imagine
when it introduced the words in the sections alluded to. I
hope that this case will illustrate the folly of those persons
who loudly and largely censure those who are probably
much wiser than themselves.—Name retained.

The Tories sustained 11 out of 13 objections, and the
Reformers of 21 were successful in 14 cases.

Both Courts rose at half-past two o'clock, having rcviscd
all the lists in this district, and thus completed the revision
for the entire division, this being the last district in the
circuit for East Kent.

Mori, Thalberg, Miss F. Woodham, and Parry,
jun., gave concerts at Chelmsford, Colchester, and Ipswich
on Thursday, Friday, and Saturday, which went off with
the greatest eclat. Thalberg's performance on the piano-
forte elicited the most rapturous plaudits. The party per-
form at Norwich this evening.
We have recaived, viii Bombay, very gratifying in-
telligence of the progress of Captain Burnes, who, it will
be remembered, had been sent on a special mission to the
states on the Indus with the view of establishing a com-
mercial intercourse on that noble river. Captain Burnes
had been most kindly treated by the different chiefs he had
visited, and lost no opportunity of instilling into their minds
our British ideas of commerce, while the other officers of
the mission were devoting themselves to the survey .f the
Indus. In his former voyage this persevering offieer left
the Indus itself at Mittun, and ascended the Ravee or
Hydraotes to Lahore but his intention at present is to fol-
low the course of the main branch to Attok, and thence
proceed to Cabul by the route he took when on his journey
to Bokhara. Our last report mentions the arrival of the
mission at Bahwulpoor, about 600 miles up the Indus, and
that he was about to be joined by Mr. Matthcson, an Eng-
lish merchant, under instructions from Runjeet Singh, who
was to accompany him to Cabul.—Times.

The General Steam Navigation Company's packet
C.lolumbine arrived yesterday in the River from Rotterdam.

TRIAL OF CAPT. WATSON, A MAGISTRATE, AND CAPT. FIG-
- NOLES, STIPENDIARY N.A.GISTEATE, FOR ASSAULT.
THURSDAY, OCT. 12.—At the Ca: low Sessions ;yester-
day, true bills were found against the above.na►:;.,d gentle-
men for an assault upon a man named Patrick Peacy.
There was another case where t.ao men named Brennan,
and Godden had sworn-informations nisl;:!A.Cap:aia
males for an assault, in which there were cress-inforrultinus
sworn by the Captain. Nearly all the Magistrates of the
'county were on the bench, and seemed to regml the c.:se
.with a deep interest. As soon as it was intimated to the
Court that the bills had been found, after a long trial the
Chairman summed up at great length, and at a few mintves
to eleven o'clock the jury retired, and at one the Citiirmtn
returned to Court to know if they had agreed to a verdict,
and, being answered in the negative, they were loclzed up
for the night. At ten on Thursday morning the Cbgiravin
went into Court and discharged the jur'. The two Magis-
trates, as a matter of course, stand out on their own re-

cognizance.
It will be seen by the above sketch of the trial, that
Captain Vignoles, who made so conseicuous a figure at
the February election for the county of Carlow, has been
tried at the Quarter Sessions for a violent assault. Ho
was not couvinted ; neither, however, was he acquitted.
And the strong 'light in which the conduct of this Sti-
pendiary is exhibited by the evidence of Mr. Rsthbourne,
shows, we think, pretty plainly, that whatever other qualifi-
cations Mr. Vignoles may be gifted With, he is woefully
wanting in aptitude for discharging magisterial functions,
either with credit to himself or advantage to the country.
That we may not be suspected of hazarding au assertios
without good and sullicien4e grounds for its exp;aestiost,
we copy the report of Mr. Rathbourne's evidence, as given
on the trial last Thursday.
On his examination he said, " I am a stipendiary magis-
trate ; was in Carlow during the election ; acted with
Major Greene and Mr. Esmonde ; saw net rioting on the
first day of the election ; called the police. because Capt.
Viguoles called out for them ; I wish to explain the reason
why I called the police ; it was because I heard a brother
magistrate cry out for them : I never saw Ulnorepeace.,ble
contested election in England or Ireland, and I have beca
at ,a great many ; I herda great,
read a great deal in the newspapers, about. Carlow being
a horrid place, but I never saw a More peace:x.lde place ; I
could not say that there was a riot that day, there was
what might be, called an excitement or disturbance ; there
was not any disturbance until a gentleman, whom I now
believe to be Mr. Watson, who was an horseback, turned
round, and, I won't say rushed, but went towards the
crowd with something waving in his bend, as if he bad
been slashing the people ; I could not say whether it was
a whip or stick, or even if he struck any body with it ;
the thing occurred in this way : a number of persons were
coming in. on cars, and went towards Whitreore's hotel ;
Mr. Watson was riding with them, and when the last car
was about going into the yard the people were closing on
it, and Mr. Watson rode between them and it, and then
turned round in the way I describe ; if he had rode into
the yard along with the .cars, there would not, in my opinion,
have been any disturbance ; any man turtling about and
knocking with his whip or stick would Cause a commotion
such as I have described ; but I could not even swear that
Mr. Watson had anything in his hand, but.my belief is that
he had; it was at the time Wateou turnederound towards
the people that Captain Vignoles rushed over and seized
a men who was either rescued from him, or rescued him-
self; I then took the man into custody, and brought him
into the hotel yard : he did not attempt to escape from
me ; he said he knew who I was, and he went quietly with
me ; I did not see the man do anything but attempt to
get away from Captain Vignoles ; could not say that the
man was the prosecutor Peacy ; I would not have kept
him five minutes in custody if left to myself, and I was
going to release him when one of the police said he was
more Captain Vignoles' prisoner than mine.
By Mr. French : There was no disturbance that could
warrant calling on the police to quell it until Watson
turned about at the people.
LORD LONDONDERRY.—Lord Londonderry is great in
the House of Lords, but he is absolutely magnificent at a
ierming society dinner. In proof of this, we need only
refer to the report of the proceedings at the annual dinner
of the Nevvtownards cattle show, where his Lordship and
his promising son and heir, Lord Castlereagh, avowed
themselves staunch advocates of " the breeding system."
Their Lordships did not state what particular description
of cattle—whether sheep, goats, or horned—they ititended
to Legit] with. Lord Londonderry defended the promul-
gation of the decree, in which he and Frences Harriet,
his loving spouse, recommended their protege': acd friend,
the Hon. 11. Xddell, as " a fit and proper representative
for Durham." lie assured his" vassals" at Newfownards that
he never did coerce or menace his tenantry in England ; but
then " if they did not follow his own political course anti
advice, he thought himself justXed in dissevering all
friendly connexion with such individuals." Of course his
Lordship did not intend this as a menace or a threat to
the stout yeomanry" of Nevvtownards— why should he?
Tile tenantry en the estates of Lords Downshire and
Londonderry are such devoted worshippers of " the di-
ririity that doth hedge" a Peer, that if either of the Noble
Lords spat in the face of one of his dependants, " the
eassal" would consider himself so highly honoured, that he
would scercely perreit the air of heaven to blow upon the
saliva. . Lord .Loedonderey's speech is a pretty " scruple of
what the learned call rigmarole." The speech of the eon
was about as gross—and the allusion to that speech by the
father, as disgusting—as anything we ever pew in print.
The colleague of Lord Castlereagh ought, and no doubt
will, feel highly flattered at the very delicate and compli-
mentary notice of his bride.--Dublin FICCBICII.
FRADDEL—It is reported that frauds to a great extent
have been committed by the agent of an English Insurance
Company in this city, in conjunction with two attorneys,
whose characters have been hitherto irreproachable. Tile
amount at present ascertained is between 6,0001. and
7,000/. ; among which there is one forged bill for 1,0001.
Thu matter is at present undergoing intestleation by the
police Magistrates, and the egent has taken French leave.
GuINNESSTORTEL—On Wednesday evening W. Keshan,
and three other carriers, with loaded cars, were proceeding
on the Naas-road, they were stopped by eight or nine fel-
lows armed with pistols, about five miles. from Dublin.
Keshan had two hogsheads of porter in his cart, which ha
got the previous evening to bring to Roscrea. . The gang
instantly unyoked the horses, broke the shafts of the cart,
and then with sledges broke in the hogsheads, and spilled
the porter on the road. Keshan and one of his companions
remonstrated against this outrage, when the fellows told
them to hold their tongues, or they would blow their brains
out, at the same time threatening there, with death it' they
ever took any mere of Guinness's porter.
. The eonnection of Mrh John Reynolds with the :Na-
tional Bank of Ireland has ceased. The reasons are not

• assigned.
The parscns in .the neighbourhood of Team have served
some thousand processes fur the ensuing quarter sessions,
in order to recover tithe arrears.
Although the friends of lik•rty and election freedom rare
not rnaLing much noise -in their preparations, for fighting. the
battle of the Constitution in sustainmg the representatives
of their choice, they are far from idle, From the barony
of Innishowen, in the county of Donegal, the sum of 301.
has been remitted in aid of the fund for defending the Me-
tropolitan seats, against which the designs of the enemy are
ehkliy directed.

Mr. Henry Villebois has been entertaining a large
p4rty of sporting gentlemen at Marhatn-house, Norfolk.'
A meeting of the Committee appointed to interest
the public in the propriety of a survey of the Nithsdalo
line, as a part of the great railway for connecting London,
B;rmingham, Lancaster, \Vhiteharen, &c., with Glasgow,
was held in the C.uncil Chamber, Dumfries, on Monday
week. Mr. Broom read letters front the Dillies of Buc-
cleuch and Portland, and from Col. Jones in the name of
the Marquis of Queensbury, in reply to communications
which had been addressed to these Noblemen, by the au-
thority of the Committee. After the conversation had been
prolonged a space, it was resolved that a deputation, with
the Provost at their head, should wait upon the Duke of
Buccieuch while attending the Cattle Show on Wednes-
day, and respectfully beg from his Grace permission to survey
the line through his property ; and, further, it was resolved
that every exertion should be used to increase the amount
of subscriptions,. for the better carrying the .object of the
meeting into effect. At the interview on Wednesday his
Gr.ice, we understand, consented (though very reluctantly),
to a survey ; after which a public meeting was fixed to take
place on the 19th inst., in the Council Chamber, Dumfries,
to which delegates from other towns upon the line were to beinvited, as well as the public generally who take au inte-
rest in the undertaking. Tile subscriptions in Dumfries in
aid of the survey, we perceive, amount to upwards of 701.
C:arlisie Journal.

GREAT NORTH OF ENGLAND RAILWAY.—NVe
are glad to be able to state that the contract for the bridge
over the river Tees, in the southern portion of this line
of railway, was let on Tuesday last to Messrs. Dees and
Hoy, of Newcastle, who will proceed forthwith in the exe-
cution of the above important work.—Stodedand Herald.
THE DUKE OF YORK'S MONUMENT.—A bronze
pedestal for the statue of his late Royal Highness the Duke
of York arrived at the Castle yesterday afternuoa froth
London. It had cone_to Leith by sea,,and was cf)nve.yed
from thence to the Castle open a cart drawn by three
horses. The statue is to be erected within the precincts
of the Castle, and not as some of our contemporaries
were supposing, in some of the streets of the New Town.
The pedestal is about eight feet in height, and the status
ten, making in all about eizbteen feet in hcight.when erected.
—Scidsmait of Saturday.