The Sun.
London, England, 1836-08-04 00:00:00

CAMBRIDGESHIRE.
NAVIGATION TOLLS.

NOTICE IS HEREBY GIVEN,—That the
Navigation Tolls payable by Act of Parliament to the
South Level Drainage and Navigation Commissioners, in respect of
Vessels navigating between Upware Sluice and Littleport bridge,
or between Prickwillow Bridge and Littleport Bridge, will be LET
by AUCTION, with the Houses occupied by the present Collec-
tors of the Tolls, for Three Years, from the 11th day of October
next, at the Lamb Inn in Ely, on THURSDAY the eth Day of Sep-
tember next, at twelve o'clock at noon, upon such Terms and Con-
ditions as shall then be declared, and which Tolls have been Let for
the last Three Years at the rent of 2,560/. per annum.
The HIRER will be required to enter into a Bond to the Com-
missioners in the Sum of 2,0001., with two Sureties in the Sum of
1,0001. each, for securing the Payment of the Rent by Monthly In-
stalments. And the highest Bidder will not be declared or consi-
dered to be the Hirer, unless he shall immediately after the Auction
satisfy the Commissioners then present of the responsibility of him-
self and his Sureties, and produce the consent in writing of the
Sureties to enter into the Bond, nor unless the Bond shall be duly
executed within Twenty Days of the-Auction.
tEr Further information may be obtained on application to Mr.
Archer, Solicitor, of Ely, Clerk to the Commissioners.

The Halif tx Tories have. postponed, until October,
their dinner to the Hon. James Stuart Wortley, M. P.—Ha-
lifax Express.
QUEEN'S THEATRE.—This Theatre opened last
Monday under a new management. Mrs. Waylett is engaged
as the star, and the new piece in which she appears is caned
West-country Wooing. The story is that of a young west-
country lady, who disguises herself as a servant, and thus cap-
tivates a whimsical cousin who has a Young Marlow kind of
taste. Mrs. Waylett, who acted the disguise lady, cannot
be praised too highly : the archness of her manner, the
naivete with which she gives her points, and the richness of
her west-country brogue, are not to be surpassed. The other
principal actors in the company, are Messrs. T. Green,
Hughes, Conquest, and Benson Hill, and Misses Lee and
Pincott. The theatre was attended but indifferently.
KENSINGTON-GARDENS.—At the meeting of the
Entomological Society on Monday evening, a letter was read
from Mr. Spence, addressed to the Secretary, giving some
account of the destruction of the elm trees in the promenades
of Dunkirk, Boulogne, and Calais, by the scolytus destructor.
The decay of the trees had here, as in many other cases, been
attributed to wind, soil, and various other causes, but the
writer was convinced it was owing to the one he had assigned,
and had recently added much to his stock of information on
the subject. Mr. Westwood, on the subject of the latter,
made some observations on the extensive injury sustained by
the elm trees in Kensington-gardens, the majority of those on
the south side being dead, whilst about one-third of those on
the east were in a similar condition. He considered that the
Society having accumulated a large mass of information on
the subject, should hold an official communication with
the Commissioners of Woods and Forests, for the purpose
of suggesting some means by which the ravages might
be restrained, as they had already extended to the trees
in Lord Holland's-park, and along the Western-road, past
Hammersmith. So extensive was the present devastation,
that if active means were not employed the whole of the
trees along the south side would have to be cut down within
ten years, and there would in the course of a few years more
be none left in the gardens. An analogous disease had lately
appeared in some of the pine forests in Germany, by which
between 3,000,000 and 4,000,000 of trees had been destroyed.
In Kensington-gardens, latterly, all the good trees had been
selected for sale, and the bad ones left standing, which was
much to be regretted, as in the latter the wood was not in-
jured, the insect merely penetrating under the bark, and
slightly along the wood. Some attempts at remedying the
evil bad recently been made with the young elms by plaster-
ing them over with cowdung, which was, however, quite in-
effectual, as the beetles might be seen in thousands i unning
over the covered surface. The total neglect of the proper
authorities to the subject was a matter both of surprise and
regret, as there could be no doubt that entomological science
would cure the evil, and as a valuable paper on the subject
by Mr. Mackleay had been printed by order of the Govern-
ment.
The office at Hatton-Garden was on Tuesday
crowded to excess by the inhabitant householders of St. An-
drew's, Holborn, who were summoned before Messrs. Laing
and Rogers, by the Rev. Gilbert Beresford, clerk, rector of
that parish, for having refused to pay the tithe and ancient
composition rates and dues for tithe, due from them to the
complainant, contrary to the statute. The result was that
orders for payment of tithe were made against the following
inhabitants :—Mr. Hopwood, solicitor, Chancery-lane ; Mr.
Webb, baker, Holborn ; Moses Davies, a Jew salesman, and
Isaac Dobell, publican, of Gray's-inn-lane; Mr. Cant, last-
maker, Holborn ; Mr. R. Armstrong oil merchant, Gray's-
, inn-lane ; Mr. Rapkin, Mr. W. Babb, and Mr. Rainsford,
all of Holborn. In nearly every case the defendants declared
their determination to resist the payment.
ELOPEMENT OF A BOARDING SCHOOL MISS
FROM TILE ZOOLOGICAL GARDENS, REGENT'S PARE.—YCS-
terday afternoon, between two and three o'clock, several
young ladies, from the ages of sixteen to twenty. years, be-
longing to a Ladies' Finishing Seminary in the vicinity of St.
John's Wood, Regent's Park, were indulged with a prome-
nade in the Zoological Gardens, Regent's Park, for the pur-
pose of amusing themselves, viewing the beautiful giraffes
lately imported into this country, and other rare animals. On
the party arriving on the north side of the gardens, where
the giraffes' habitation is situated, one of the young ladies,
about is years of age, was suddenly missed. An immediate
search was made throughout the extensive gardens, but not any
trace could be discovered of the fair fugitive, until the Go-
verness was informed by some visitors that a youngc, Lady an-
swering the description was observed hastening out of the gar-
dens with a gentleman, when, on their arrival at the entrance.
gates in the Regent's Park, they both entered an elegant ca-
briolet that was waiting with the gentleman's groom, and drove
off at a furious rate through Gloucester-gate, taking the New
North-road, in the direction of Holloway.
There is at present growing in the garden of Mr.
George Westerdale, of Swanland, a cabbage which measures
four yards, two feet, five inches in circumference. This is not
the renowned cow cabbage, but a specimen of the common
kitchen vegetable.—Hull Observer..

The ATTORNEY-GENERAL appeared to show cause
against the rule which had been obtained by his Hon.- Friend,
why there should not be a new trial in this case.—( A
laugh.) That House was about to be converted into
a Court of Law—he doubted whether it would be a
Court of Justice. He would rather call it a Court of
injustice, because with the most profound respect for the func-
tions of that House, he thought it singularly incompetent to
administer justice. When there was any real injustice aris-
ing out of vexation or oppression, that House might properly
interfere and with good effect ; but if they were to form them-
selves into a Court of Appeal from the decision of the jury
and the judge, such a course of proceeding would be most
mischievous. There had been great difficulty to *form a
House ; they had sat half an hour beyond the time fixed, and
Hon. Members dropped in one by one. He was afraid that
before he had made the few observations which he felt it his
duty to offer, a good many Members would have left the House,
and before the House came to a decision, many Members would
probably be coming in, and the question would ultimately be
etecidCd by those Who had not heard-a word of the argument.
At this time there were just 13 Members In the House.)
The Hon. and Learned Gentleman then went at some length
into the facts of the case. On what ground was it that the
House was to reverse the verdict of the Jury and the judgment
of Lord Brougham? It was not pretended there had been
any oppression, or vexation, or injustice. Although he re-
spected much Sir F. Pollock and Mr. Blackburne, yet he
must say he did not value the opinion of those Learned Gen-
tlemen one rush, when it was given in a case in which their
clients had been defeated. But against the opinion of Sir F.
Pollock he might cite the opinion of Mr. Wray, who thought
the claim was unfounded, and that there was no pretence
whatever for disturbing the verdict. Then they were told the
Judge was inaudible. That was ridiculous. The Judge who
tried the cause was one of the most learned men on the
Bench, and an excellent Judge, and the verdict of any other
Jury in a cause tried before him might just as well be set
aside on that ground as the verdict in the Troutbeck case.
Then it was said that Mr. Justice Littledale expressed an opi-
nion in favour of the present petitioners. Even if he had, that
would have been of no consequence, because it was a question
for the Jury to decide according to the constitution of the
country. But he denied that Mr. Justice Littledale had ex-
pressed any opinion of the sort, because, when especially
called upon by Lord Brougham, that Learned Judge had ex-
pressed an opinion the contrary way, as he would show them
by and by. It appeared by the will of the testator, that he had
disclaimed all connection or relationship with the parties now
claiming to be his heirs. With respect to the statement that had
been made, of the opinion of the Judge being in favour of
the present parties, he would say that that Learned Judge did
not coincide in opinion with the Lord Chancellor. Mr.
Justice Littledale had, nearly two years after the trial had
taken place, deliberately given it as his opinion that there was
no ground whatever for disturbing the verdict. He hoped,
therefore, he should hear no more of the opinion of the Judge
being in favour of these claimants. It had been stated that
there were several other claimants; and, of course, they were
entitled to this money if they could make out their case ; and
it would be the greatest injustice, therefore, if the Crown gave
any directions in such a case. All these statements were laid
before Lord Brougham, who said that there was no ground for
his interference, or for a new trial, and instead of appealing
to the House of Lords, they appealed to the House of Commons.
The Hon. Member (Mr. Warburton) had not pointed out a
single instance in which, under similar circumstances, the
House had interfered. Such a precedent would be most
dangerous, and he deprecated its being instituted as, in his
opinion, it would lead to the most mischievous consequences.
For these reasons it appeared to him that there was no foun-
dation whatsoever for granting the Committee moved for by
his Hon. Friend, and be felt no hesitation in giving that
opinion.

*Mr. BAG SHA W hoped that after what had fallen from
the Hon. and Learned Gentleman, the Hon. Member oppo-
site would withdraw his motion.—( Hear, hear )
Mr. WARBURTON, in reply, said he regretted the de- •
lay that had occurred in resuming the debate that had
now taken place on this question, because, in conse-
quence of that delay, he had been deprived of the
powerful assistance of many learned gentlemen who
had been obliged, from domestic concerns, to return to their
own houses. Among those were the Hon. and Learned
Member for Kilkenny, who had assured him (Mr. Warbur-
ton), that if he had been sitting on the bench, and had had
such a claim brought before him, he would have decided in
thatfavour
hofeotbueelupsrioesuetttto e‘lvabiimehanttshe; aHnodushee
wmouusldt aecokinneo,wwlehdagte-
ever it might be, would be anything but satisfactory.
He did not think it necessary to travel over the whole case
again; but after what the Learned Attorney General had said,
he should notice some of the statements that had been made.
He (Mr. Warburton) had quoted the very words made use of
by the Learned Judge, and the effect of them evidently was,
that the claimants had made out their case. That also
was the impression made 'upon the minds of the
Counsel in the cause. The Honourable Member here
referred to the observations made by the Lord-Chancellor
at. the different hearings of the appeal, which corroborated the
opinion of Mr. Justice Littledale, that the claimants were the
parties entitled to the money, although they had failed in
making out their case. When the Learned Judge said that
" he would have been as well pleased if the verdict had been
the other way," would the Attorney-General or the Chan-
cellor of the Exchequer stand up and say that these parties
bad no case? He contended that upon the whole of the facts
these parties had made out a strong case, and had given very
strong reasons why the Lords of the Treasury should in this
instance relax their grounds of opposition, and give these par-
ties the benefit of a new investigation. He hoped the discus-
sion the question bad received on this occasion would be the
means of eliciting the attention of the public to the subject.
Although he feared there was not a sufficient number of Mem-
bers present that they might get the benefit of a division,
he should not let the matter sleep ; but should bring it forward
at some future period, and he hoped under more favourable
auspices, believing as he did these parties whose cause he
advocated were entitled to the property in question.
Mr. MORE O'FF. RR AL L had heard opinions delivered
by different Lords of the Treasury, but although notes had
been taken of the investigation, no report had ever been made.
After a few words from Mr. POTTER,
Mr. A. TREVOR retured his thanks to the Hon. Member
for Bridport, for having brought the matter under the con-
sideration of the House.

The question was then put and negatived without a division,
and at Half-past Two the House adjourned.

On Wednesday last Hugh and Robert Massy, fine-
grown boys, sons of the Hon. John Massy, of this city, went
to bathe at Aliltown Malbay, when there happened to be a
brisk swell upon the beach, along which the sea usually rolls
with stupendous force, but waves, which might deter others,
could not intimidate those adventurous lads, and after one or
two immersions in the briny surge, Robert, the younger, was
suddenly lifted up by a fierce billow, and carried out beyond
the grasp of his affrighted brother Hugh, when, after a short
but ineffectual struggle to regain his footing on the shore, this
hapless boy sank under the waves and disappeared. The im-
mediate witness of this heart-rending catastrophe, in a despe-
rate effort to save his beloved relative, was also caught up by a
swell of the sea, and would have inevitably perished with him,
had not Mr. Studdert, alarmed by the critical situation of the
boys, rushed into the waves after them, and under Providence
it was to his intrepid exertions that the apparently lifeless
body of Master Hugh Massy was recovered from the merciless
deep, bruised and cut by collision against the rocks. Instan-
taneous measures were adopted to revive the spark of life,
though long unavailing; but after incessant anxious applica-
tions, animation slowly resumed its progress, and the interest-
ing object of their solicitude was restored to consciousness.—
Limerick paper.

-„-
THE DUCHESS OF BERRY.—The Carlist Paper,
La Itlode, states that the Dueness of Berry, who was reported
to be in France, is actually at Prague I Another legitimatist
Paper states that the Emperor of Austria lately presented
to the daughter of that Princess a diamond necklace worth
12,0001.

The influx of visitors weekly to Boulogne, together
with those who proceed by that route to Paris, is so
that after their arrival and landing from the steam ,-easels, it
or
occupiesgreat,
five six hours before the passengers and their
luggage can be examined by the Custom. house officers,
which is the cause of much inconvenience, for it often happens
that many of the individuals are obliged to remain all night
in the streets. The Mayor and Town Council of Boulogne
have abolished the petty nuisance of demanding half a franc
for the " accommodation" of a ladder to enter and leave the
steam-packets.
Accounts from Strasburg state that every branch of
industry in the Lower Rhine is in a flourishing state except
that the cotton manufactories have experienced some stagna-
tion on account of the prolongation of winter, which stopped
the usual demand in the spring for summer consumption ; so
that the warehouses are overstocked, and prices must fall con-
siderably. The woollen cloth trade continues to prosper.
The demand for the Rhine and the canal connecting that river
with the Rhone exceeds all expectation. Great public works
are going on at Strasburg, which afford support to ti bo § tit-
ling classes.