The Sun.
London, England, 1853-11-19 00:00:00

THE SUN, LONDON, SATURDAY EVENING, NOVEMBER' 19, 1853.

LAW INTELLIGENCE.—Nov. 18.

VICE-CHANCELLORS' COURTS.
(Before Sir Richard Kindersley.)
ROBINS V. 'DIMON.
This was a petition for the appointment of Mr. John
Robins and Mr. Savory as trustees of Drury-lane Theatre, .
in the place of Mr. G. Robins and Mr. Carpenter, de-
ceased. By the Ist of Geo. IV., which enlarged two
former acts, the sum of is. 3d. per night was made
payable to each of the new renters of the theatre for
every night of performance there for 79 years. The two
gentlemen now proposed as trustees had been elected
unanimously at a meeting of the new renters, as had
been the case on a former occasion.
Mr. Osborne appeared for the petition.
His Honour granted the petition.
(Before Sir William Page Wood.)
COLLIN V. DEVAITX.
This was a motion for an injunction restraining the
defendants, Alexander Devaux, Charles Devaux, and
Matthew Uzielii, from paying away, or parting with, or
otherwise applying, the sum of 6511. 75., and such other
sums received by the defendants as subscriptions to the
funds of the Societ6 Francaise de Bienfaisance, except
to the bankers or treasurers of the society, or under the
order of the Court. The bill upon which the motion
was founded stated that the plaintiff, Victor Collin, of
Skinner-street, Snow-bill; Francois Vouillon, of Princes-
street, Hanover-square ; Jean Sylvain Lucet, of Wey.
mouth-street, Portland-place; Charles Grillion, of All e•
marle-street, Piccadilly ; and Louis Castrique, of Phil-
pot-lane, in the City, were members of the friendly
society called the Soci4t4 Francaise de Bienfaisance,
holding its meetings at the Hanover-square Rooms. The
defendant was a member of the committee of the society.
The society was established in 1842, for the relief of in-
digent and old and infirm French persons resident in Eng-
land, by means of temporary and permanent pecuniary
assistance and for other benevolent purposes of a similar
nature. The rules of the society had been certified by
Mr. Tidd Pratt, by which the objects were declared to
be—first, to assist the indigent French in England ;
secondly, to procure employment, as far as practicable,
for those who sought it ; thirdly, to facilitate the return
to France of those who were in England without the
means of subsistence ; fourthly, to prevent the indigent
French becoming a burden on this country ; fifthly, to
relieve the sick, infirm, and old persons ; sixthly, in case
of illness, to assist such persons at their own houses, by
a weekly allowance, according to the resources of the
society ; seventhly, to afford to the poor French who
were aged and infirm, chosen by the society, annual
pensions. The bankers of the society were Messrs.
Scott and Co., and Messrs. Lafitte and Co., in Paris.
The defendant gave notice of his intention to move, at
the general meeting in January last, a resolution " That
in future the French Ambassador in this country for the
time being should be the perpetual president of the
society, and the consul-general of France in this c,untry
for the time being arid the chaplain of the French Chapel
in George-street, Portman-square, should be the per-
petual vice-presidents of the society." Mr. Devaux him-
self was absent from this meeting, but the resolution
was proposed by a Mr. Levilly, and was unanimously
rejected. Mr. Devaux thereupon resigned, hut at a
meeting of the committee in May he attended and pro-
duced a lithographic circular letter, and stated that he
had received large subscriptions towards the objects of
the society. The circular was as follows :
" G 2, King William-street, City, May 9, 1853.
" Dear Sir,—We have opened a subscription on be-
half of the committee for the relief of distressed French-
men in this country. The institution will deserve your
support, and we shall esteem it a favour if you will
allow us to put your name down as a donor or annual
subscriber to this charity.—We remain, dear sir, yours
very truly,

" C. DEVAUX and Co.
Mr. Devaux was re-elected a member of the committee,
and as such, at a general meeting of the society in June
last, again proposed the former resolution, which was
negatived by a majority of three-fourths of the meeting.
Mr. Devaux and several other members immediately
refused to continue members. The bill alleged that the
defendants were now engaged in establishing a new so-
ciety, and that they intended to apply the subscrip-
tions received to its purposes.
Mr. Glasse and Mr. Walford appeared in support of
the motion, and contended that the funds received were
clearly the property of the original society, and that
the subscribers must have so intended them ; and that
the intention of Mr. Devaux to form another society
arose merely from pique in having had his motion nega-
tived, and from a desire to show his former associates
his power over the subscribers. It could never be con-
tended that an individual collecting subscriptions for
one society could apply them to another. How could
subscriptions for the Middlesex Hospital, for instance,
be applied to St. George's Hospital ?
The Vice-Chancellor—lf the money were subscribed
for the " sick," the subscribers would probably not care
to which hospital it was given.
Mr. Bol.; and Mr. Waley appeared for the defendant,
but were not called upon.
The Vice-Chancellor said he should refuse the mo-
tion, with costs. It was purely speculative. The story
told by the plaintiffs was the most inconsistent that
could be imagined. Mr. Devaux having been defeated
in Lip resolution, thought it would be a beneficial pro-
ceeding to collect subscriptions fur a society governed
by the principle contained in that resolution. In fact,
there seemed to have been a regular treaty going on
between Air. Devaux and the members of the committee
from which he had seceded as to the propriety of adopt-
ing his views. Tine only evidence of the plaintiffs to
support their improbable supposition as to defendant's
conduct and motives was the circular, and that by its
very terms would imply that there was to be a new sub-
scription for a new purpose. It is said the circular
spoke of a "committee," but it was very well known
that circulars were distributed, signed by one individual
only—were frequently distributed—with the intention
of forming a committee so soon as funds had been col-
lected. The history of the case seemed to be a very
simple and plain one on thepart of the defendant. There
did not seem to be anything irrational in his going
about collecting subscriptions for distressed Frenchmen
at a time when the plaintiffs and others were antagonistic
to his views.

Mr. Glasse said it would be desirable to consider the
case as now at bearing, as the case would be immedi-
ately taken by appeal to the Lords Justices.
Mr. Rolt said the only order now made was that the
motion should be refused with costs.

COURT OF EXCHEQUER.

(Sittings at Nisi Prins at Guildhall, in Michaelmas

Term, before Mr. Martin and Common Juries.)

The second sittings at Nisi Prius for the present term
for London commenced yesterday morning. The list of
causes was very large.

SKIP? V THE EASTERN COUNTIES RAILWAY COMPANY.
Mr. Edwin James and Mr. Hawkins appeared for the
plaintiff; and Mr. Crowder (with Mr. Burgess) repre-
sented the defendants.

This was an action to recover compensation in dama-
ges for an injury alleged to have been sustained by the
plaintiff through the negligence of the defendants.
Mr. James said that the question in this case was of
the utmost importance, and had upon several occasions
been the subject of discussion at Westminster. The
The question was this, whether a railway company was
liable for an accident which might befal any one of their
servants when in the performance of their duty to the
company. With regard to the present case, it would
appear that the plaintiff, at the time of the accident,
was in the service of the Eastern Counties Railway
Company, and was acting in the capacity of guard to
what was termed a goods or luggage train. The par-
ticular train left London at a quarter before nine o'clock
on the morning of the Ist of July, 1852, and everything
had gone on satisfactorily until the train reached the
wLpiheaaiien-bhtriffwidegfreeensnttedation. Upon its arrival at that place, the
be
tinkthed on tee there were
eh42tratirun
andck s
toaknean sidingonto
Norwich. It so happened that there was not only no
porter nor any other man who could assist the guard
in shifting and linking on these trucks to the main
train at that station, and, therefore, in his anxiety
to link
the them on, so as to get away from the place
before arrival of the passenger train, and
thus prevent either a collision or the stoppage of that
train, the plaintiff had been thrown under the wheel of
the engine and his arm severed from his body. This
was the injury for which the plaintiff claimedthat
rgcompen-
sation. The learned counsel then pproceededt
the eoesreefeerftoa
thisth e leaaws havingevar
edreference
ts
circumstances
t oth i this
domestic servant, and submitted that a railway com-
pany, having servants to undertake the perilous duty of
guards, were bound toprovidetherheam as wellsufficientstaff as and
e
adequate assistance, to preserve
accidents which could not
public from accidents, fhronmt
htahpopseen swerhieorues
tioierref.wataasl
pan a n
y inefficienteref
their dischargeservants.
of duty oii
named
the
mpart s
toafitnhees
wereeom
The plaintiff and another witness
then
counsel.examinedand corroborated the statement of the
learned
Mr. Baron Martin asked Mr.
James if that was his
case ?

Mr. James replied in the affirmative.
Mr. Baron Martin was of opinion then that there was
no case to go to the jury. The railway company was
not responsible for any accident which might befall
their servants. If a servant was dissatisfied with his
employment, or if he found it attended with so much
danger as to render him fearful of the consequences, it
was perfectly competent in him to quit the employment.
The company did not compel him to remain in their
service, but the man remained of his own accord, even
though he was aware that the duty he had to perform
was of a dangerous character. His so remaining in the
service was clearly his own act. He had the power to.
quit, but he did not choose to do so, and then this un-
fortunate accident occurred ; and for the consequences
of that accident in his opinion the railway company was
to
responsible. He should, therefore, direct the jury
evidence to
aaitinevserdict for the defendants, there being no
ici\tiA.
rune:J.llst: gowta(ots
etthhfoeernteneintsitietprerreddo
jo.t:fyof their liability.
said he would rather consent to a non-
e proposed to bring the question before the
A ißmn
sCO t 00
NUtrird.T.s
full Court.
ns.) against the
wifTeh, for the arestitution of conjugal husbandreitruse
• ing of the Court.
The case had not concluded at th

POLICE INTELLIGENCE.

MANSION-HOUSE.—Charles Vos, charged with
having broken into the Post-office, Lombard-street, with
intent to rob the premises, was brought before Mr. Al-
derman Lawrence for final examination.
Mr. Peacock, solicitor to the Post-office, attended for
the prosecution.
Mead, 426, who gave evidence upon the first examina-
tion, made the following addition to his former testi-
mony :—From the inquiries I made I went to 5, John's-
hill, St. George's-in-the-East, the house of a Mrs. Gal-
vin, on Wednesday morning. She pointed out the room
in which the prisoner, who was a lodger in the house,
slept. I received from one of the lodgers who was there
at the time the bag I produce, to which a ring is at-
tached. In that bag, which was taken from a cupboard
in the room, were one salt-cellar, one spoon, two forks,
one ladle, a leather bag marked Q 0 Lombard-street
foreign paid," and some pieces of cloth corresponding
with the cape I produce. A comb and brush were yes-
terday handed to me, which were taken from the mantel-
piece in the same room ; I received also a letter-stamp
and shaving-brush at the same time.
Mary Galvin, the landlady of the house in which the
prisoner resided, said—l keep a lodging-house for all
nations, and I know the prisoner as a lodger in my
house. He slept in the room in which three other
foreigners slept. He came to lodge with me on Sa-
turday or Sunday night fortnight, and remained as a
lodger until last Tuesday night, when he stayed out
all night. He stayed out on the Wednesday night after
he came, and returned at 3or 4 o'clock in the morning,
and was let in by my servant, but I did not see him till
breakfast time. He kept good hours with the two ex-
ceptioas I mention. Sometimes he came home at seven,
sometimes at eleven o'clock at night. I know that he
was absent on the night of Wednesday, the 2d instant,
for I went to the bed room about 12 o'clock to see how
many were in the room, and he was then absent. I
saw him next day. He was not absent any other night
to my knowledge. I was present when Mead, the
officer, came to my house, and I showed him the room
where the prisoner slept. A countryman of his, who
lodged in the house, pointed out Lis property to the
officer, and gave the officer this bag out of the cupboard.
The spoon, ladle, and two forks were taken out of the
bag. The clothes brush and shaving brush were taken
from the shelf. On the night of Tuesday last (the night
of the burglary) the prisoner had his tea between six and
seven o'clock, and I have not seen him since till this
moment. When he first came to my house he had the
coat lie at present wears upon him, to the best of my
knowledge. I observed him with some new things, such
as flannels and stockings, a pair of trousers, a pair of
boots, and a cape, on the Friday or Saturday after he
had stayed out all night. I saw him also altering or
repairing a cape, which is the same the officer has pro-
duced. After that, on the Saturday night, the pri-
soner gave to me 4s. in silver, and he told me that he had
lost ss. in coppers, and he thought some of the Swedes
had stolen them. I said to him that it was a shame
for one countryman to rob another, and he said "Oh
say nothing about it ; never mind, mother." On Tues-
day last I saw the prisoner give my husband one sove-
reign on account of his board and lodging, and I asked
him if he wanted any change out of it, to which he re-
plied Never mind, mother." He paid his board all
but 4s. up to next Saturday.
The prisoner said, through the interpreter employed
upon the examination, "All the witness has spoken is
perfectly right."
Carroll (454) said, 1 was along with Mead (426) on the
evening of Tuesday, the 15th inst., at the Post-office.
At about 12 o'clock I heard a noise as of a person work-
ing with a chisel at the window. In two hours and a
half, during which time the chiselling was going on, I
saw the glass of the window broken and the prisoner
get in. He was in his shirt sleeves and without shoes.
• I assisted Mead in taking him. He had a chisel in his
I hand and a dirk or dagger in his waistcoat pocket. He
made no resistance whatever. He gave a screech and
said, " Oh, I am Dutch."

The prisoner upon hearing the last sentence inter-
preted, interrupted the witness with "I said I could
not speak English, but I could Dutch."

. ,
The witness continued—After we secured the prisoner,
I climbed over the rails of St. Mary Woolnoth church-
yard, against the roof of which was the window at which
he had entered, and on to the top of the vestry-room. I
there found two ropes, some paper covered with tar, and
a broken bottle containing tar. I also found two parts of
the legs of stockings, the cape produced, the coat he now
wears, and the pair of shoes he has on. I noticed that
nearly the whole of the outside frame work of the win-
dow through which he entered the Post-office had been
cut away, apparently for the purpose of taking out the
sash. One square of the glass was covered with tar and
partly broken ; the glass of the other square, through
which he had effected his entrance, was almost all out and
covered with tar, and there was close to it a piece of a
foreign newspaper covered with tar. The windows were
screwed together with a common screw. I went to the
station-house with the prisoner. He said before we ar-
rived there that the coat and shoes and cape were his
property, and he put on the shoes and coat and walked
to the station-house in them.

The tar, it was stated, had been no doubt used for the
purpose of preventing the glass from falling to the
ground when broken in pieces.
Mr. David Airth—l am housekeeper at the branch
post-office in Lombard-street. I sleep in a room over
the office. There is an internal communication between
the office and my bed-room. On the night of the 2d
instant, about 11 o'clock, I went into the office, exa-
mined all the windows and doors, and put out the gas,
and went up to bed. When I came down at a quarter
to seven in the morning, I saw that a table which was
laid the night previous for the clerks' breakfast in the
morning, had been disturbed, and I missed two silver
forks and a salt-cellar. I next noticed that the window
had been opened. Upon looking round I found that
several drawers had been broken open. I ran into the
court, and called a constable in. I looked at the draw-
ers where I knew it was the practice to keep money, and
found that a cash-drawer had been attempted to be
broken open. I have examined the forks and salt-cellar
produced by the officer, and find them to be those which
were stolen. From the examination I made of the pre-
mises, and from what I observed I should think it would
take a person two hours to do what was done—it would
certainly take him more than three-quarters of an hour.
Alderman Lawrence—With a good chisel, would there
be much difficulty in breaking open the drawers ?
Witness—No, not much with a good chisel, but some
of the locks were not in a very perfect state. On the
evening of the Bth inst., I went down into the office
about half-past ten, to examine it before going to bed.
All was then safe. I then went up and placed a screw,
which I produce, in the sash window over looking the
leads of the vestry. On the following morning I came
down about half-past six, and found that some person
had been cutting away the window on the outside, and
had displaced the sash. No entrance however appeared
to have been effected. On the night of the 15th inst.,
about ten o'clock, I let in the two constables Mead and
Carroll, by appointment. I then went up to bed.
Shortly after twelve I heard a noise apparently caused
by somebody attempting to break in. Eventually, the
prisoner entered and was captured.
Mr. F. Hutchins—l am clerk in the branch post-
office in Lombard-street. I identify one of the forks
produced, the spoon, the ladle, the clothes-brush, the
shaving-brush and comb. They were safe on the even-
ing of Wednesday, the 2d inst., when I left the office
about half-past seven o'clock. 1 also identify the leather
and the canvas bag produced, as well as the
,post-office
stamp.
Mr. E. J. Smith—l am clerk at the branch post-
office. I identify one of the forks, the hairbrush, the
cape, and the pieces of cloth, and a canister containing
half a pound of gunpowder. The pieces of cloth pro-
duced have been cut off the cape by some person since
I missed it.
Mr. F. L. Powell —I am clerk at the branch post-
office. On the evening of the 2d inst. I left in my
drawer 6/. 10s. ; 2/. belonging to the office, and 4/. my
own money. To the best of my belief the 6/. 10s. was
composed of five sovereigns, one half sovereign, and
four five-shilling packets of half-pence. On examining
my drawer I found that the lock had been forced and
the money abstracted.
Thomas Roden—l am a Swede, and live at Mrs. Gal-
. _ _

yin's lodging-house. I met the Prisoner last Saturday
fortnight, when he asked me if I could recommend him
to a lodging, and I recommended him to Mrs. Galvin's.
Sometimes I slept in the same room as the prisoner,
and sometimes in an adjoining one. He stayed out one
Saturday night, and did not come home till four o'clock
on the following morning. On one occasion, when I
turned in bed, three spoons fell out on the floor. The
spoons and ladle produced are not the same. The post-
office letter-stamp I saw lying on the chimney-piece.
This being the whole of the evidence,
Mr. Alderman Lawrence told the prisoner he was
about to commit him to take his trial for burglary, and
after giving him the usual caution asked him whether he
wished to say anything in answer to the charge.
Prisoner—A fortnight ago, as I was going over Lon-
don-bridge, an Englishman came to me and asked me
what language I spoke. I replied Danish, Swedish, and
brokent English. I afterwards said I spoke German and
Norwegian. The man told me that he spoke German
too.He e asked me to go with him to Tower-hill, and I
went t
asmaallsked
thestreemteifl
nameeeuld go
ef whichsem elwdhoere notw with
h-
him at twelve o'clock at night. I said I had something
on my
o'clock ill: itnhda nodr
mln
gdid
enaomt
eg
toe witha him.a
me why I did not go with him. He
shillings, and a package containing the
arggtaicvlee sianproducedtweak der
by the officers. He said I could get some money on
whenamwhe left me, and I w
Monument.
heme toldot a
sk
ed m went
t meeton
thihe with him to
to bed.
h
11,
moT in e a
couple
oßt hfeod;
'rowersoa eryets. things s bn
the
ey t
disposing of them. I
tot
l gore with
him that night as he wished to speak to me.
no, speak to me now. He asked me to wait till3day
light, and said he would speak to me then. He gave
four shillings, and told me that on the following
night I must do him a favour, which would bring me
plenty of money. He said to me, "There's a house close
by where there's a girl, but I can't speak to her, I can't
go in." He told me that he knew an entrance, and that
J must help him. He told me to come at twelve o'clock
to the burial-ground. I there met a third party, who
asked me if l wanted anything to drink—wine or rum.
The first party whom I had got acquainted with was
not there. The third party gave me •so much
to drink that I was tipsy. There was something
broken at the window, and I said to the third party,
" You want to break in." He said, "No, it was
already broken, and it was to be put right again for
the post office." He said to me, "You go through the
window, I cannot ; I am to too heavy.' He. said to
me, " \\Then you go there, there's a small door in the
passage to get out again—there are two doors locked
inside ; and he gave me the chisel and said, "Wher
you come to them, put the chisel down under them,

then they will not crack." I said to him, "If I am
found inside, it will be an unfortunate thing for me."
He replied, "Oh no, it will not ; nobody sleeps there.'
He told me he would give me 41., and he did give it to
me." When I got in there the officers laid hold of me.
The prisoner was then fully committed.

WORSHIP-STREET. Tames Delane, a general
dealer, carrying on business in Plumber-street, City-
road,
was charged with having cruelly ill-treated and ,
threatened the life of his wife.
The complainant, a pallid, delicate-looking woman,
who had an infant in her arms, stated that she had been
married twelve years to the prisoner, by whom she had a
family of five children, and that he had been in the
habit, during the whole of that period, of subjecting
her to such constant brutality, that her life was a com-
plete burden to her. Shortly before nine o'clock, on
the previous night, the prisoner returned home in a
state of intoxication, tand harshly ordered her to re-
pair to bed, at the same time threatening that if she ven-
tured to return down stairs he would murder her before
the morning. She accordingly proceeded to her bed-
room, and laid herself down by the side of her infant
child, to whom she had only recently given birth, but
had only been there a few minutes when the prisoner
entered the room, and, after passing a light before her
eyes to ascertain if she was asleep, be cautiously de-
scended the stairs to the street door, and admitted some
one into the house. Witness shortly afterwards heard
the sound of female voices in the passage, and, after re-
maining for some time in a state of extreme terror, as
she apprehended that he was about to carry out his
deadly threat towards her, she at length made her way
down to the parlour door, and on looking into the room
she observed the prisoner drinking with two prostitutes,
who were partaking with him of a hot supper. The mo-
ment she made her appearance the prisoner rose from
the table and commenced an unmerciful attack upon I
her, in the course of which he repeatedly struck her with I
all his force about the head and face, and ultimately
drove her back into the passage. The prisoner then
opened the street door, and after letting out the two
women, renewed his attack upon her, and after knock-
ing her down by a terrible blow on her forehead, he
caught her up in his arms and flung her heavily on the
floor. The prisoner then left her, and ran out of the
house • and although witness had nothing on but her
nightdress, and was without shoes or stockings, she fol-
lowed him into the street and gave him into custody.
The complainant added, that the prisoner had been in
the habit of depriving her of proper food and nourish-
ment until her health and strength were impaired to a
serious extent, and that she had been compelled on four
previous occasions to obtain warrants against him.
The prisoner carelessly remarked, that their frequent
disagreements were occasioned solely by the.jealous and
violent temper of his wife, and that the evidence against
bins had been very much exaggerated.
Mr. Hammill said that it was a most aggravated case,
and he should order the prisoner to be committed to the
House of Correction and kept to hard labour for six
months, in addition to which he should require him to
produce two responsible sureties to be answerable for his
good behaviour for the further term of six months.

MARLBOROUGH-STREET.—Henry Robinson, a
well-dressed person, who described himself as a musi-
cian, living at No. 16, Shawfield-street, King's-road,
Chelsea, was committed to prison, with hard labour for
three months, on the clearest evidence, for having inde-
cently exposed himself to females in Hyde-park.

HAMMERSAIITEL—Thomas _Ryan, aged 32, a shop-
keeper in Kensall New Town, was charged with abusing
his wife.

The complainant alleged a long series of ill-treatment
against her husband, and charged him with having com-
municated a disgraceful disease to her four times.
Defendant denied the assault, and attributed the
bruises on his wife to falls occasioned by her intemperate
habits:

Mr. Paynter said that if the prisoner treated his wife
in the manner described by her, it was not to be won-
dered at that she should be given to habits of intoxica-
tion ; however, as the particular assault complained of
was not a serious one, he should only order him to find
two sureties in 101. each, and himself in 201. or be com-
mitted for one month.
The prisoner was locked up.

MARYLEBONE.—WiIIiam Carrington, occupying
apartments at the house of Mrs. Roney, 47, Mornington•
road, Regent's-park, was charged with having committed
a violent assault upon the Rev. J. Marshall, a minister
of the Episcopal Church. in Scotland, and at present
residing at the Exeter Hall Hotel, Strand.
Mr. Handley attended for defendant.
Complainant deposed that twelve or eighteen months
ago his wife and step family absconded from him, and,
from information which he had received, he knew that
she had taken up her abode at Mrs. Roney's. On
Monday evening, the 14th inst., he repaired thither,
having been there upon other occasions ; after knocking
at the door it was opened by the defendant, who asked
him what he wanted, and on telling him that he wished
to see his wife, he (defendant) replied that she was not
there. He then asked to see Mrs. Roney, the land-
lady, but defendant told him he should not do so, and
seizing him violently gave him a severe blow, which
dashed him against some paling, a portion of which was
thereby broken down. He threw him (complainant)
down upon his back, and while lying in that position
struck him again with such force that his hat flew from
him a considerable distance. He called out for assis-
tance, and a person who was near the spot came up ;
he was a witness to much of the ill-treatment to which
he (complainant) had been subjected. The rev. com-
plainant added that it was not likely that he should
have been guilty of any outrage himself—a charge which
would probably be made by the other party against him
—as his right arm had been broken and was still of
little or no use to him. He was a man of retiring and
peaceful disposition, and was well known to the Rev.
Mr. Montgomery, Dr. Cumming, and other clergymen
and gentlemen of high repute.
Cross-examined--I have not been annoying Mrs.
Roney for the last three weeks. I have certainly knocked
at the door several times within the last eight or nine
months. I have not during that period seen Mrs. Roney
more than once. In May last I was told that my wife
was not there. I did not endeavour to force my way
in. Defendant did not ask me quietly to go. I did not
see Mrs. Roney on the 14th, when I went to her house.
Other evidence, pro and con, to a considerable length,
was gone into, and the affair was ultimately decided by
the magistrate inflicting upon the defendant a penalty of
40s. and costs. The penalty was paid.
The landlady of the house was anxious that the com-
plainant should be bound over to keep the peace towards
her, in consequence of certain expressions which he had
used, but the magistrate, considering that the words did
not amount to anything of a serious nature, did not con-
sider it necessary for him to interfere further. The mat-
ter, which was one of a most unfortunate and unhappy
nature between man and wife, had been disposed of, and
it was therefore unnecessary to keep the affair up, inas-
much as Mrs. Rooney had not stated sufficient grounds
for her being in danger of personal violence at the hands
of the complainant.

AUSTRALIAN STEAM NAVIGATION

COMPANY.

Yesterday the adjourned meeting of the proprietors
of this company was held at the London Tavern, to re-
ceive the result of the ballot for the election of directors.
Mr. Frith occupied the chair.
The CHAIRMAN said that, having in conjunction with
Mr. Marshall been appointed to act as scrutineer, he
held in his hands the result of the ballot which had
been taken, and should now proceed to state the result.
The first resolution on which a ballot had been taken
was for the adjournment of the meeting to that day
three weeks, for the purpose of electing new directors.
There were for that resolution 6,302 votes, and against it
14,050 ; so that it was negatived. On the next question,
for or against the election of Mr. Vigors East, there
were in favour, 15,260 votes; against, 3,142. On the
third question, the election of Mr. Hartley Kennedy,
there were in favour, 13,940 votes; against, 4,352. On
the fourth question, the election of Mr. MalMs, there
were in favour, 15,160 votes ; against, 3,232. On the
next question, the election of Mr. Sheppard, there were
in favour, 13,820 votes ; against, 4,552. On the next
question, the election of Mr. Belgrave Jackson, there
were in favour, 14,690 votes ; against, 3,232. On the
next question, the election of Mr. Davies, there were in
favour, 13,810 Evotes ; against, 4,552. On the next
question, the election of Mr. Tudor, there were in
favour, 15,135 votes ; against, 3,132. He accordingly
declared these gentleman duly elected. The meeting
having been adjourned for this special purpose, there was
no other business before it. _

Mr. MooRE begged to say, in his own justification,
that he had intended, by the course he took, nothing
that was not perfectly fair towards the gentlemen who
were candidates for the direction, and the company ge-
nerally. He objected to proceeding with the election
pending the decision of the motion for adjournment, and
had reason to believe that the elections were, id point of
fact, illegal ; but if the meeting generally were satisfied,
he should not dispute the result.
Mr. WHITSWRE trusted that from this point the dis-
cord which had so often prevailed amongst them would
disappear, and that their proceedings would be marked
by unity of feeling. He should move, for the purpose
of preventing any further discussion—" That the meet-
ing do now adjourn, and that it is their opinion that the
directors summon an extraordinary general meeting of
the shareholders for Tuesday, the 21st of February, or
earlier if they think proper, for the purpose of making a
report as to their past proceedings and their future
intended policy."
The motion, having been seconded by Mr. SPARKS,
was put and carried unanimously.
Thanks were then voted to the chairman on his re-
tiring from office, and the meeting separated.

AGRICULTURAL OPERATIONS IN IRELAND.—Very fa-
vourable accounts have been received of the resumption
of agricultural labours since the cessation of wet weather;
and farmers have made further progress in preparing the
land for winter wheat. Still, however, low and heavy soils
are flooded in various districts, where it will require a
week or two of fine weather to absorb the excessive mois-
ture. In some backward localities, a large portion of the
oat crop still remained in the fields up to the close of last
week, but the owners are now availin'' themselves
of the interval of fair weather to remove this pro-
duce, which must have been greatly deteriorated in
value from exposure during the recent inclement season.
It is a singular fact that emigration still continues, and
that numbers of the rural population are leaving the
rountry, apparently regardless of the severity of the
weather and the perils of a winter voya6o aCIG66 the
Atlantic. The number of emigrants for Australia is
steadily increasing,

NAVAL INTELLIGENCE.

PORTSMOUTH, Nov. 18.

The command of the Medea, 6, steam-sloop, was given
up, yesterday afternoon, by Commander Bailey, to the
Master of the vessel, until the newly-appointed com-
mander joined. Before doing so, however, Commander
Bailey mustered the officers and ship's company on the
quarter-deck and addressed them in the following
speech : •

" Men,—l have been informed that lam superseded
from the command of the Medea. This is owing to
occurrences with which you are all acquainted, arising
from a systematic and, it seems, untangible opposition
to all my efforts to set matters to rights. Notwith-
standing these difficulties I had succeeded in putting
things into a proper train when the ship arrived at
Halifax, but there, from an unexpected cause, against
which I could not contend, they were renewed. My
work was at once undone, and myself fairly thrown on
my back. lam confident that, were the heads of our
profession aware of the twentieth part of what every
man here knows of the true state of affairs, matters
would have terminated in a very different manner. It
has been stated that the dissensions on board the Medea
had made her 'the scandal of the navy.' I suspect the
author of that assertion was likewise one of the principal
authors and secret promoters of that scandal ; but of this
I am assured that none of it is to be attributed to her
ship's company, or, my conscience tells me, to her com-
mander. We have beheld extraordinary scenes, sub-
versive of discipline, enacted upon our decks, which,
from their very extravagance, are incredible to persons
who have not witnessed them. These I invariably
suppressed, for I believed that, if I did my duty and
upheld the service, the service would in turn uphold me,
and the more especially as my position was one of
unusual difficulty. I regret that insubordination has
triumphed, and that the originators of all our discom-
forts should, by falsehood and insidious attacks, have
endeavoured to affix the stigma of oppression and
persecution to my name—characteristics which I
feel are completely foreign to my disposition ;
and I really regret parting with a crew who have
never allowed themselves to be misled by the bad
example set before them, for I never met a ship's com-
pany so well conducted or who gave so little trouble as
that of the Medea. It is gratifying to reflect that it
has never been my duty to inflict a corporal punishment
in the ship, and that it has only twice been necessary
to disrate men. I now bid you farewell, hoping you
will persevere in the same good conduct, and that you
may get as worthy a commander' as you deserve, and
officers who will do their duties properly and attend to
your comforts."
For his good report of them the crew thanked their
commander, and the petty officers solicited him on the
quarter-deck to memorialise the Admiralty to pay the
ship off before he left.
Commander Phillimore read his commission appoint-
ing him to the Medea, this morning.
The tubular life-raft, the invention of Mr. Parratt, of
the Treasury, was exhibited to-day, between 1 and 2
o'clock, off the King's-stairs in this dockyard, before
Vice-Admiral Sir Thomas Cochrane, K.C.8., Com-
mander-in-Chief, and a very large party of distinguished
officers and civilians. Mr. Parratt produced the raft
uninflated and packed, when its extraordinary small
dimensions created general astonishment ; it was then
in a very short space of time inflated and extended, and
then launched from off the King's-stairs into the har-
bour, and 10 or 12 men were then placed on one part of
it to show by comparison how many it would safely
carry. Sir Thomas Cochrane was fully satisfied that
50 or 60 men could safely be placed on it, and was so
convinced, as were all the officers present, as to the ex-
treme buoyancy of the apparatus, that it was deemed
quite needless to practise further experiments. The
Commander-in-Chief expressed his great surprise at the
portability and lightness of the raft when he saw eight
men easily carry it away with one hand each. All the
officers present concurred in the opinion of the great
utility of the invention, if applied to troop, emigrant, or
passenger ships. Another invention of Mr. Parratt's, a
little expanding boat, was also exhibited, which was
highly approved, and deemed applicable as a large life-
buoy, to be carried by every man-of-war asa most reliable
means of saving life overboard. We consider these the
best attempts of the kind yet introduced with the phi-
lanthropic object of saving life endangered by casualties
at sea. Mr. Parrett will exhibit his invention at
Southampton on Monday.

WOOLWICH, Nov. 18.
APPOINTMENTS.

Master. --John Richards (1847), to command the Sa-
racen brig, commissioned this day, at Devonport.
Second Masters.---John W. Reed 1851), from the
Prince Regent, 90, to the Saracen ; Robert Smith
(1846), to the Prince Regent, vice Reed ; John Jones
(1853), to the Royal George, 120, screw steam-ship, at
Sheerness.

Surgeon.—William Macleod, M.D. (1853), to the
Buzzard paddle-wheel steam-sloop, on the West Indies
station.

Clerk in Charge.—George A. Eversfield (1846), from
the Excellent gunnery ship, at Portsmouth, to the Rifle-
man screw steam-sloop, at Woolwich.
Master's Assistant.—John Richards, to the Rifleman.
Naval Cadets.—R. B. Lambert, to the Arrogant, 47,
screw steam-frigate ; John M`N. Boyd, first entry.
Mr. John H. Hay, Chief Clerk at the Admiralty,
died at 4 o'clock p.m. yesterday after a short illness,
having been at the Admiralty in the performance of his
official duties on Tuesday morning last. The deceased
had been about 50 years at the Admiralty, and was
greatly esteemed by the numerous Boards he had served
under, and by the highest ranks of officers who had to
communicate with him on naval matters. His impartial
conduct through life was much appreciated in all
quarters. The memory of the late Mr. Hay will be
long remembered and be deservedly respected by all who
knew him, and had the good sense to know that he who
fulfils faithfully and impartially the duties entrusted to
him is the best servant of the public.

PLYMOUTH, Nov. 18.

The splendid ship Prince Alfred, 931 tons register,
Captain Smith, belonging to Messrs. Pope, of this port,
and under charter to the Emigration Commissioners,
sailed from the Sound yesterday for Melbourne direct,
having on board 350 souls—equal, by the computation
of the Passengers Act, to 309/ adults, of whom 162 are
single females. The Prince Alfred was despatched
under the superintendence of Mr. Willcocks, the agent
to the commissioners.

The Blenheim, one of the fleet of Mr. Duncan Dunbar,
commanded by Captain Molison, is now in the Sound,
also under charter to the Emigration Commissioners,
and will be despatched for Melbourne next week. The
Kent, Sir Thomas Gresham, Rodney, and Sir Edward
Parry are to follow under similar charter.
The Scolia, 1,000 tons, Captain Strickland, is to em-
bark passengers at Plymouth next week for Sydney.
She takes a small number of respectable young women,
sent out under the auspices of the Hon. Sidney Herbert.
The Agamemnon, 91, Captain W. B. Mends, has
sent her broken cast-iron fan to the dockyard, and her
former fan, which is made of brass, has replaced the one
that was broken. She was paid wages this morning,
and will sail, probably, to-morrow for the Mediterra-
nean, to take the flag of Rear-Admiral Sir Edmund
Lyons, who has been appointed second in command on
that station.

BEI TISH.

Aberdeen ...• • • ....

Belfast and Ballymena •••••• • • • • • •
Belfast and County Down . • • • • • • • • ..
Birkenhead, Lancashire, and Cheshire
Bolton, Blackburn, and West York .. • •
Bristol and Exeter • •
Edinburgh and Glasgow ..... .• •• • •
Chester and Holyhead. • • ........
Cork, Blackrock, aud Passage ......
Cork and Bandon ..................
Dublin and Belfast Junction .... •• ..
Dublin and Drogheda.. .... .........

85►%
189%
89%
94N
634
20

62%
6
is%
al

Dublin and Kingstown
Dundee and Arbroath • • ••• • • • • • .. • •
Dundee, Perth, and Aberdeen Junction
Dundalk and Enni5ki11en............
East Lancashire ....................
Eastern Counties and. Norfolk .. • • ....
Eastern Union ...... ................

81%
3n

Edinburgh, Perth, and Dundee—.
Exeter and Creditors.. •• ...• •• • • •• ••

1713(
283
188
319%
254

Furness Railway ... ..............
Glasgow, and South-Western• • • • • • • •
Great Northern and E. L. • • • • • • • • , •
Great Southern and Western (Ireland)
Great Western
Irish South Eastern • • • • .• • • •• • • • • • •
Lancaster and Carlisle • • • • • • • • ..
Lancashire and Yorkshire.. ...... • • • •
Leeds Northern . . • • . . • • • • • • • • • • • •
Liverpool, Crosby, and Southport.• • •
London and North Western •• • •
London and Blackwall .. . • • • • • • •
London, Brighton, and South Coast..
London and South Western. • • • • •• • •
Londonderry and Enniskillen • • • • • • • •
Manchester, Buxton, and Matlock, &c.
Manchester, Sheftlel6l,and Lincolnshire
Manchester and South Junction ......
Maryport and Carlisle .. •••• • • • • •• • •

6564
to%
1734
4533

167%
93
28
498%
126

Midland Great Western (Irish) ......
Monklands ........................

78%
149

288 W
131

Newcastle and Carlisle.. •..... .. • •
North British ....... .
North Staffordshire •• • • .... •••• • • • •

574
18354
63

North-Western ........

Scottish Central .. ... ..... • • ..
Scottish Midland •••••••• • • • • • • • •

Shrewsbury and Birmingham •••• ••
Shrewsbury and Chester .• .. • • • • • • • •
Shropshire Union .. •••••••• • • • • • • • •
50nthDav0n............... .....

Sout t; Eastern • • •• • • •• ........

443%
577
240

South Wales- ..........

41,589

186
1,571

4,182
13,087
3,496
137
172

941
1,021
586
555
682
173

710
4,562
14,837
2,313
2,594

233
4,245
14,529
4,952
16,418

183
4,762
17,048

290
44,656

985
9,612
9,376
399

6,924

South York., Doncaster, and Goole ..
Taff Vale •• •• •• e• •••• •• •go t• •••• •• ••
Ulster. roe •• •• •••••• •••••• •••• ••••••
Waterford and Limerick • • ........ ••
West Cornwall .. •••• ..• •• .. •• •• ••

519
601
22,930
2,709

1853.

1,825
743
222
1,853

5,244
14,190
3,952
187
212
1,160
1,263
725
427

801
2,239
4,313

906
4,636
16,909
2,515
2,656

532
4,625
18,821
5,161
20,538
217
5,8b7
18,574

316
48,005
1,120
11,762
11,220
473

2,554
720
1,627

Whitehaven Junction ...........

York and Newcastle, and Berwick &
York and North Midland & Leeds

FOREIGN.
Lyons and Mediterranean •• •••• •• ••
Montereau and Troyes • • • •
Namur and Liege .. • • ...• • • • • • • •• ••
Northern of France
Orleans and Central* ..
Paris and Lyons .... • •
Paris and Rouen. •....... • • •• •• • • •
Paris and Strasburgh • • ••• • • ••
Rouen and Havre.................
western or Franco ..... • • • ••• - • • • •

643
1,751
12,741
2,411
1,452
2,576
1,073
520
430
227

24,722

924
7,088

421
1,342
24,795
21,641
15,434
7,162
15,541
2.7A5

7,816

615
24,794
2,937
1,031
2,832
4,949

1,076
2,619

27,293

8,236
454
1,703
29,822
32,110
17,540
8,339
19,888
3.784
4,1%

* The receipts include the traffic on the Orleans and Central, Or-
.ears and Bordeaux, and Tours.and Nantat

FROM THE LONDON GAZETTE of YESTERDAY.

ST. JAMES'S-PALACE, N0v.16.
The Queen has been pleased to appoint the Rev. Thomas
Protheroe, to be one of the Chaplains in Ordinary to her
Majesty.
BANKRUPTCY ANNULLED.
William Wreford, Edwin Cox Nicholls, and William
Ellicombe Wreford, stock and share brokers, Bristol.