The Sun.
London, England, 1849-09-27 00:00:00

court-martial was composed of nine instead of twelve
members.

After a few words from Sergeant STORK,
Major OLIPHANT admitted that, no doubt, in the
ordinary course these soldiers ought to have been tried
by their peers, namely, 13 native officers, but by the
law of 1829 the native soldiers had the option of the
electing to be tried either by their peers, or by a
British court-martial consisting of nine members,
being British officers. Now, in this case the offend-
ing parties had made the latter election, and it was
therefore absurd to say that the proceedings were
illegal.
The CHAIRMAN put the legality of the question at
rest, by stating that the opinion of the highest law
officers of the Crown in India had been taken on the
subject, and they were clearly and undoubtedly of
opinion that the proceedings were strictly legal.
After some further discussion,
Mr. LEWIN replied, stating that he should take
another opportunity of bringing the subject under
the consideration of the proprietors.
The resolution was then put to the meeting, and
lost by a large majority, only four hands being held
up in its favour.
Mr SULLIVAN then moved that certain papers con-
nected with the Sattara territory be printed.
The resolution was as follows :—" That Sir
Charles Metcalf's minute, dated the 28th of October,
1837, relative to the right of the nativa Princes of
India to adopt heirs, in failure of heirs of their own
body, and the papers to which it refers, toit,ether with
all papers relative to adoption made in the families of
Scindiah Honker, and amongst the Princes of Rag-
pootaum be printed for the use of this Court."
The CHAIRMAN objected to their being printed, on
the ground of expense, but he had no objection to the
papers being laid on the Proprietors' table.
Mr. SULLIVAN observed that these papers would
throw light upon the right of adoption claimed by
native princes, and tend in some measure to elucidate
some of the details of the Sattara question, and he
hopekthe Proprietors would support his motion.
Mr. FIELDER thought it was clear the object of
this motion was to reopen the Sattara question.
The CHAIRMAN thought so too, and as enough had
already been said on that subject, he would put the
motion without comment.

The resolution was then put and lost.
Some other routine business was then disposed of,
and the Court adjourned.

THE HUNGARIANS NOT
REVOLUTION ISTS.
(From the Examiner.)
The Times has boldly advanced another step in
its arraignment of Lord Ptaolminefrosrtmon
us, on Wed-s Hungarian
policy. It had the courage
nesday last, that the increase which has accrued to
the power and influence of Russia" is not to be
attributed, as might naturally be supposed, to the Aus-
trian Camarilla which invoked Russian intervention,
but to the Hungarians, who would neither tamely
surrender their rights nor allow themselves to be
beaten by the Austrians alone, and to the policy of
the British Foreign Office, which, by its " persecu-
tion of the interests of Austria, contributed to send
her as a suppliant to Warsaw, until Russian armies
appeared on the lower Danube."
Now, the doctrine here implied amounts simply to
this. A Sovereign may violate his sacred engage-
ments and annul the liberties of his subjects; and not
only must his subjects not offer any resistance, lest the
intervention of a third power, dangerous to the balance
of affairs in Europe, should thereby become necessary,
hut the Foreign Minister of England is bound to give
aid, directly or indirectly, to the Sovereign so tramp-
ling upon the rights of his people. Our "persecution
of the interests of Austria," can only be inter-
preted to mean that no British fleet aided Radetzky's
operations, and that no British treasure was lavished
to support the tottering credit of a Government pro-
verbial not more for its despotism than for its want
of faith in pecuniary transactions. Such a doctrine
of passive non-resistance, and of means justified by
ends, is quite in consonance with Jesuit principles;
but will hardly find favour in England,
Of course, in order to find some shadow of justifi-
cation for the conduct of the Austrian Government,
every effort must be made to throw obloquy upon the
Hungarian cause. Calumniare audacter semper
aliquid herret; and most religiously has that maxim
of the Jesuits been pursued in this instance. klis•
statements are deliberately repeated, that the public
mind may become familiarized to them, and learn
to look upon them as truths. To reply to these
misstatements, repeated as boldly as if they had
never been refuted, becomes a wearisome, a Sisy-
phean task.
The " Hungarian Republic" is still spoken of. The
Government of which Kossuth was the head was not
a republic, bat an iderim Government, for which
there existed a precedent in Hungarian history. Not
one document of any kind, no ordinance, no procla-
mation, is to be found in the name of the Hungarian
Republic.
The few (not many) thousand Poles who fought in
the ranl;i of the Magyars were almost without excep-
tion Poles of the Austrian provinces of Gallicia, con-
sequently not Russian subjects, and affording no
pretext for the Russian invasion of Hungary.
We have no evidence whatever that Bern and
D_enhinski contributed to make the breach between
the Hungarians and the house of Austria irreparable,
by contributing to the deposition of the Emperor.
After Francis Joseph had declared his resolution
not to accept the crown of Hungary upon the ancient
consfitutionul terms, his deposition was decreed by
the Lords and Commons of Hungary, as that of
James the Second was upon far less weighty grounds.
Never has there been the slightest whisper that any-
thing like military terrorism contributed to the De-
claration of Independence at Debreczin. Had there
been anything of the kind the Austrian journals
would only have been too glad to make a handle of it.
`What the excesses to which Bern and Dembinski
contributed actually were, we should like to be
informed. We know what were the excesses
deliberately sanctioned by Austrian generals; but we
have yet to learn that the Polish generals in the Hun-
( garian service did anything to aggravate unnecessarily
the inevitable horrors of war. We observe that an
attempt is being made to oppose Georgey as a patriot
to Kossuth. We do not pretend to divine what were
the secret motives of Georgey, if he had any ; but his
actions show that he did not "entertain the wonted
aversion of the "Magyars for their Sarmatian neigh-
bours," in so high a degree as Kossuth and the civi-
lians. He preferred negotiating with a Russian
rather than with an Austrian General.

We now come to a sentence which claims pre-
eminence in the boldness of its misstatements. " Al-
ready, in October last year, Hungary had kindled
the conflagration in Vienna which rivalled the horrors
of the Parisian days in June, when the Polish Bern
and the Saxon Robert Blum conspired to over-
throw the monarchical institutions of Germany in
the heart of her greatest capital." Fortunately,
we have an account of the events of October at

-
Vienna in the narrative of Auerbach, the accuracy
of which has not been impugned. We there find
that neither Bern nor Robert Blum arrived at Vienna

till after the outbreak of the Gth October ; and that
though Bern was subsequently entrusted with a
military command, he was far from enjoying the col-
fidenee of the Vienna Democrats, or taking any pro-
minent part in affairs. The " conflagration in Vienna
which rivalled the horrors of the Parisian days of
June" was nothing more than nn unpremeditated
emeute, in which one victim unfortunately fell a sacri-
fice to the passions of a populace infuriated
by the knowledge of his perfidy. This was
seized by the Camarilla as a pretext for
withdrawing the Emperor Ferdinand to 011-
mtitz, for attempting to force the people of
Vienna into a state of anarchy, and (although their
efforts were unsuccessful in this respect) for bom-
barding that city. That the Hungarians had any-
thing to do with the events of October at Vienna,
there is neither evidence nor probability. If any
facts tending to bear out such a conclusion bad been

elicited in numerous trials which took place
(among others of Henzlmann, Pulszky's private

secretary), we may be very sure that they would
have been greedily published by the Imperialists.
The tendency of all these misstatements is to
represent the Hungarians as revolutionary in their
principles, and as aggressors in thoir quarrel with the
House of Hapsburg.
Nothing can be more opposed to facts than such a
view of the case. If the cause of the Hungarians
"was identified, elsewhere, with the explosion of those
frantic doctrines and acts of violence which had so

recently spread terror and destruction through so
many of the fairest cities of Europe," it was only
through the misrepresentations of the Absolutist
press. The Hungarians have, in fact, been reproached
by the ultra-Democrats for not making common

cause with the revolutionary propaganda in other
countries; for being unwilling to overstep the
strict limits of legality ; and for grounding the jug-
tice of their cause rather upon the letter of their
chartered rights, than upon any imaginary rights of
man. We find no traces of " frantic doctrines" of
Communism, or Red Republicanism, in the speeches
of Kossuth or his colleagues. On one occasion only
can the policy of Kossuth be said to have been
aggressive when at his instance the Hungarian
troops crossed the Austrian frontier on the 30th of
November and engaged with the Austrian army
at Schwe:hat. But if we examine into the matter
more narrowly, we shall find that this act of aggres-
sion was necessitated by the previous hostility of
the Austrian Ministry. Not merely had Austrian
officers excited the Serbs of Southern Hungary against
the Hungarian Constitutional Ministry as early as
May—not merely had Jellachich been supplied with
money by the Austrian Ministry as early as July—but
on the 4th of October (consequently before the emeute
of the 6th, which the Hungarians are falsely said to
have excited), an imperial manifesto was published,
by which Hungary was placed under martial law,

the Diet dissolved, and Jellachich appointed civil and
military governor of Hungary, with discretionary
power of life and death. In short, the Hungarian
Constitution had been annulled. At this very time
Jellachich, after having been defeated by the IIun•
garians, had . sought refuge in Austria. It
is notorious that the Hungarians long hesitated
whether they should pass the frontier without a
special invitation from the Austrian Diet. Whether
the resolution ultimately come to was justifiable in
such an emergency we shall leave others to decide.
We shall only observe that, in the council of war
held on the subject, the opinion of Kossuth in favour
of the measure was 'principally supported, against
that of the higher officers, by Georgey, who
at that time held the rank of colonel.
That the policy of Kossuth, had he become
undisputed master of Hungary, would have
been aggressive is a most gratuitous assumption.
Till the period when the invasion of llungary by
Windischgratz drove away every other thought but
that of self-defence, we find the Hungarian Diet busily
engaged in internal ameliorations, in discussing plans
for national education, in proportioning the compen•
sation to the lords of manors for the dues they had
surrendered, and in similar pacific measures.
" The increase which has accrued to the power
and influence of Russia," says the Times, "is gene-
rally acknowledged and no less generally deplored."
But if we look at the question from a broad European
point of view, and not merely as it affects English
interests, we may ask what can it matter to the
continental populations, whether the famous mot of
Napoleon is to be taken in its literal or metaphysical
sense—whether by the word Cossack we understand
actual Russian sway or merely the general predomi-
nance of military despotism. Certainly the armies
and agents of Austria are no more to be regarded as
champions of improvement than those of Russia. In
what respect have Haynau and Windischgratz the
superiority over Paskewitch and Rudiger ? This is
a question which will naturally be asked by the parties
most deeply interested.
If the " augmentation of the European ascendancy
of Russia" is to be attributed to popular convulsions,
to what cause are those convulsions to be attributed ?
Clearly to a long-continued course of misgovernment,
of which they were but the natural and inevitable
results. The assertion may be ventured on, in faith of
English ignorance on the subject, that Austrian rule
in Hungary was not adverse to the liberty or the
progress of the people : but few will have the hardi-
hood to deny that the system of Louis Philippe
in France, or the Ecclesiastical Government at
Rome, could tend to anything but convulsions
and revolutions. The question was simply one of
time. The death of Louis Philippe or of Metternich
was variously assigned as the period beyond which a
general outbreak could not be deferred. Matters
have been somewhat precipitated ; but the outbreak
was inevitable, as another ' will be, if things are
merely patched up fol. the' moment, and no provi-
sions made t,bo give security to the political fabric of
Europe.
" Whatever Russia has gained has been by the
weakness of others, not by her own strength." To
this assertion of the Times we most heartily assent,
and from it we would- draw the inference that the
only effectual barrier to the aggrandisement of
Russia is to be found in strengthening " others." As
it would be impossible, in existing circumstances, to
establish a large military monarchy as a counterpoise
(an attempt in which Napoleon signally failed), no-
thing remains but to develope to the utmost the in-
ternal resources of other powers; and this can only
be done permanently and effectually by promoting
the growth of those free institutions, which, as expe-
rience teaches, while they secure material prosperity,
are the best, perhaps the only, preventives of license
' and disorder. hence it follows that British diplo-
macy, which looks beyond the immediate moment,
should use all legitimate means of fostering the great
principle of rational constitutional liberty, and should
consistently refrain from any participation or con-
nivance in the plans of despotic governments. The
name of England in many parts of the continent has
hardly recovered-from the miscredit cast upon it by
the complicity of Tory politicians with the Holy
Alliance; and what have we ever received in return
for this loss of character, but- the blackest ingratitude
on the part of those for whose sake it had been sub-
mitted to ? Already, in the last decennium of last
century, (lid our great Whig leaders, Mr. Fox and
the then Mr. Grey, Loials Lansdowne and Lauder-
dale, warn the Tory Ministry that no faith could be
put in Courts, and that it' was the interest of a free
country that its neighbours should be free, and now
we are suffering in the crippled state of our finances,
as well as our continental neighbours in their civic
and social relations, from the neglect of that advice.
In turning over the-Parliamentary debates of that
period, there seems a sort of prophetic irony in some
of the speeches then delivered. The late Lord Lans
downe, for instance, better 'known in history by the
name of Shelburne, on the sth of February, 1795,
professes that, " with respect to the fulfilment of
pecuniary ergagernents by the Court of Vienna, he
had not any pleasing recollection of the past, and
consequently no very flattering prospect of the future ;"
and so he proceeds to describe some of the finanicial
tricks of that Government—slight preludes of those
which have been since performed upon a so much
mare extended scale.
That by the old system of the Continental Govern-
ments the policy of Russia was controlled, we deny
altogether. By preventing any real confidence be-
tween the governors and the governed, by preventing
neighbouring states from arranging their differences
according to the real interest of the people rather than
the fancied dignity of •the ruler, that disunion which
is most serviceable to the designs of an aggressive
power was distinctly promoted. This may be traced
more or less clearly in the relations of most conti-
nental states, but nowhere more so than in what
regards the relations of Hungary and Austria. The
intervention of Russia in one form or other, for or
against the Austrian, Government, had long been
rendered not merely. , possible but probable by the
suicidal proceedings of the Austrian Government
itself.
The Machiaveliian policy of "Divide et impera"
MS carried out to its fullest extent. Class was
( xcited against class ; race against race ; and, as
many races were connected with Russia by blood or
religion, or both, they'were led naturally to look to
Russia as a protector. Nothing contributed more to
this effect than the persecution of the orthodox Greek
religion by Austria. Whole com:nunities were de
preyed of the ordinary ceremonies and consolations of
religion for a period extending through generations,
On the other hand, Russia liberally offered the aid
of troops to Austria, to put down the free debates o

the Hungarian Diet. These overtures were, indeed.
rejected by Metternich, less infatuated than his reek.
less and incapable successors; but the attacks upon
the municipal institutions of Hungary were con
tinned, and every obstacle was opposed to the repeal
of those antiquated laws respecting real property,
v. hich were, next to the restrictive commercial system
imposed by Austria,• the chief hindrance to the
material prosperity of the . country. The great
objects of the reforms of the Hungarian patriots were
to further the material and moral development of
their country—to do away with all occasion for the
jealousies between the different races—to remove all
the disaffection caused' by civil and•religious disabili•
ties—and, as a necessary consequence, to form a
strong and united community in the great European
family. By these means, not by the Austrian system,
would the policy. of Russia, have been controlled.
Such a consummation it was the most earnest wish

of the Czar to prevent. And, accordingly, in May of
last year, we find- Danileveki, the Russian Consul at
Belgrade, offering in- the name of his master the
Czar, as head of the Greek church, 30,000 auxiliary
troops to the Serbs of Southern Hungary against the
Hungarian Government. And this was at a time
when the Austrian Camarilla had not yet thrown off
the mask, and when such an assistance would have
been an assistance against the House of Hapsburg.
This, too, was long before either .13ern or Dembinski
had entered the Hungarian service.
So utterly needless .is it to seek for any other
ground for the subsequent intervention of the Czar,
beyond the policy of territorial aggrandisement con-
sistently pursued by Russia since the time of Peter
the Great, and which. made English statesmen pre-
vious to the first Preach Revolution, and Whig
statesmen of the old school, .even, during the palmy
period of French power, look. upon Russia as the only
state from which danger could arise to the liberties of
Europe. Their- warnings were neglected by the
Castlereaghs and the-Aberdeens; and we' have pro-
moted Russian aggrandisement and favoured Russian
prestige to an extent that renders it difficult for a
Foreign Minister who' pursues the old British policy
to repair the errors committed by his immediate pre-
decessors. Had the Sovereigns of the Continent not
been aided, during the war, by the support, moral
and material, of England, the natural progress of free
institutions would now have formed the surest safe-
guard of the liberty of Europe.

STATE OF TRADE.
(From the Manchester Guardian.)
MANCHESTER, TUESDAY.—The market exhibits a
continued lifelessness and inactivity, both in yarns
and goods; and although a slightly increased busi-
ness may have been effected iii one or two descrip-
tions of the latter for the home trade, it has been so
very partial and limited as hardly to be noticeable,
even in a state of things like the present. The busi-
ness of the day has been altogether on a most restricted
scale. The Eastern merchants are lying by, wait-
ing the arrival of the mail, which may be
telegraphed any hour, and yby which sellers are
hoping for advices that may in some degree benefit
them.
_The Germans are proceeding not less cau-
tiously than they did last week, in making their
comparatively trifling purchases ; the decline which
has taken place on this side leading their correspon-
dents to apprehend a still further giving way in our

prices. A good deal of foreign business is no doubt
kept in abeyance by this apprehension, but the very
extensive supplies which have been sent to various
distant quarters, within the last few months, are also
an unquestionable cause of our present dulness. Al-
though, however, under these circumstances, there is
as might be expected, a generally unfavourable bias
in prices, yet spinners and manufacturers do not
readily agree to further concessions. Rather than do
this, many appear determined to reduce their pro-
duction. While cotton has not declined more than
id. in the last three weals--and that only in
middling Americans—yarns generally may be
e
li per lb , and goods still
moreconsideredavir in
ones.
theoes, though less in the
h
part of the spinners, and
et hate
lighter
greater l os t f
aib
the makers of heavy goods, whose trade was pre-
viously a profitless or a losing one, are now, there-
fore, in a position which may well occasion deep
anxiety, and which cannot, indeed, continue much
longer without forcing on the alternative just re-
ferred to. Such a measure is, in part, abstained
from in the expectation that a renewed demand for
yarns for Germany must shortly spring up, as the
recent sudden supplies are known to be in the course
of rapid absorption ; and another cause of delay in the
matter is to be found in the fact that, with all the
difficulties attending the sale of their produce, there
certainly is not a very large aggregate accumulation
of stock in first hands.

ROCHDALE, MosnAT.—We have had to day less
business doing in the piece market than we had last
Monday, but prices have been firmly maintained.
The wool market has been extremely dull, with little
or no change in price.
MACCLESFIELD, TUESDAY. --- The silk-throwing
trade of Macclesfield continues tolerably brisk, the
mills working full time, and there is a scarcity of
hands in this department. The demand that has
arisen for thrown silks, of some descriptions
adapted for continental purposes, may have
contributed to this; on the other hind, ma-
nufacturers, although fully at work, complain of
the unsatisfactory sale of goods this autumn, owing,
no doubt, in some measure, to the prevalence of
cholera, which has diminished operations generally.
The dyers are getting slacker of work.
HUDDERSFIELD, TUESDAY.—The market has been
dull. Not much is doing in the home trade, and
foreign orders are not very heavy. Wool maintains
its price.
HALIFAX, SATURDAY.—The inquiry for worsted
goods is not equal to what it was a few weeks ago;
but the difference is not greater than might be expected
at this time, just between the seasons. The yarn trade
is very animated. The spinners are fully employed, both
for home and the continent, but chiefly the latter ; and
prices, especially of combed yarns, are looking
up. The wool market is steady, though not brisk,
and long wools are rather stiffer. Short wools go.off
heavily, with the turn in favour of the buyer.
LEEDS, TUESDAY.—The market is exceedingly dull,
but manufacturers are still delivering to contract, and
stocks are light. There is no alteration in prices.
PO

LICE INTELLIGENCE.
GUILDHALL.
Sir P. LAURIE stated that he had received the fol-
lowing letter, accompanied by a circular, which ex-
emplified a plan for annihilating the class of mercan-
tile swindlers who, in spite of warnings and exposure,
seemed year after year to succeed in finding dupes,
and he very much admired the plan adopted by the
Edinburgh Trade Protection Society, and hoped it
would be followed by all such societies elsewhere :
" Trade Protection Circular-office, 25, St. James's-
square, Edinburgh, Sept. 22.
presume to offer to your acceptance a copy
of the ' Trade Protection Circular,' with a fac simile of
the handwriting of T. P. Gilmour. I see no way to stop
the practices of these fellows so effectual as to expose
their handwriting. Any merchant who bad this fac
simile in his possession would be struck at once with a
recollection of it on receiving as order'in the same hand,
whatever name might be assumed. The expedient was
suggested to us the other day by your valuable observa-
tions from the bench at Guildhall, in reference to the
necessity of exposing; these parties through the medium
of the public press. Your many patriotic services of this
nature have made the public much your debtor, and I
am instructed by the proprietors of this circular to offer
you their warmest thanks on behalf of the merchants
and traders of this city.
I have the honour to be,', Sir, for the proprietors,
your most obedient humble servant,

.4 WILLIAM HILL, Secretary.
" Sir P. Laurie, Guildhall, London."
Since the receipt of the above he bad been favoured
with a communication from Mr. Gilmour. The
letter was as follows :

" Liverpool, Sept. 25.
" Sir Peter Laurie,—We perceive in the pothouse
Mercury some correspondence with 'you about an order
to J. and G. Tidmarsh, whose answer, from collusion of
a Post office clerk never reached us, or we should have
satisfied them.
" The lying statements of James May, the clerk of
the Adulterating Guardian Society in this town for the
Corruption of Trade, we have frequently recited before
in the public journa's, and the show of his countenance
is as much against him as one look of your intelligent
daughters would condemn him for ever !
" We belong to a church and association for the
relief of poor debtors, the ugly !inner above-mentioned
to al iniquitous one or their imprisonment, poisoeing,
and death without mercy; to a class of conspirators that
stab reputation in the dark, like assassins, and print the
most v. nomous libels on all who oppose them.
" The accompanying documents will prove our long
outriding as merchants, whose acceptances have always
been paid, and, as an act of common justice, we request
your publication of these lines and vouchers, to contra-
dict your unjust reports.
" Any letters addressed t) us at Liverpool have found
us for many years, and to this day wo continue to
receive them, and shall do so, in defiance of calumny,
political differences, or persecution.
" We pray for our slanderers, knowing their danger
of everlasting fire ; being reviled, we bless; being de-
famed, we entreat men to examine the truth; and, trust-
ing in God, we go on our way, rejoicing in a hope fall
of immortality.

" Yours faithfully,

Ile that ruleth over man TuitiPs.t 6-benjruling
iCnot.he
3uls°t u,
R AND
fear of God.'
"Sir Peter Laurie, Knight, Police, Guildhall, London."
The letter contained a couple of old cheques so far
back as 1822 and 1823, one of them being
- worthless,
and bore the Douglas, Isle of M
an, postmark, dated
Sept. 22, 1849.
At this moment a gentleman from the office of the
Trade Protection Record weekly newspaper, en-
tered the court, and addressing Sir Peter Laurie,
siid—l have attended here this morning to hear what
rakes place about Gilmour, in consequence of Mr.
Tidmarsh having called at the office of the Trade
Protection Record, and left there for the use of the
editor a copy of a letter received by him this morn-
ing., and, as Mr. Tidmarsh is not in court, I take the
opportunity, as you are now engaged on the matter,
of bringing the letter under your notice.
The letter was dated from Liverpool, September 25,
1849, and the contents were as follows :
" Before directing their solicitors, Adams and Tilliard,
to prosecute for libel, Messrs. T. P. Gilmour and Co.
request the letter could not be found' to be sent them,
to punish the, Post office clerk for his collusion with
dirty Remy, and by this post they sent ample proof to Sir
Peter Laurie in 1,050 of their long standing.
" Messrs. T. and G. Tidmarsh, Mi-ebietmakers,
Eyre-street-bill, Leather-lane, London."
This letter also bore the postmark of Douglas,
Isle of Man, September 24, although dated from
Liverpool.
Sir P. LAURIE said that Mr. Lister, of Basinghall-
street, received an order to the amount of 1201., but
that gentleman was too deep for Mr. Gilmour.
MARYLEBONE.
_

Henry Cowley, attended before Mr. Broughton by
virtue of a summons obtained against him by Inspec-
tor Champneys, of the S division, for removing offen-
sive matter along a public thoroughfare.
Bagshaw, 237 S, stated that, at two o'clock in the
afternoon of the 11th inst., as he was on duty in
Hampstead, near the Spaniards, he saw the defendant
with a cart drawn by two horses, and as the cart
passed him a most offensive effluvium issued there-
from. He directed defendant to stop, which he did,
and upon examining the vehicle he found it nearly
full of the refuse of lime from gas works.
Mr. BROUGHTON—Was the smell which proceeded
from the cart very offensive ? Witness—lt was, your
Worship ; it was as strong, and unpleasant as could
possibly be.
Mr. BaouonTos—Was there any name upon the
cart ? ‘Vitness—Yes, your Worship. I saw the
name of Lord Tenterden upon it. Defendant told
me he was going to take the load to his Lordship's
seat at Hendon.
Mr. Smith, his Lordship's bailiff and gardener,
said, that what the cart contained was intended to be
used in Lord Tenterden's hothouses, for the purpose
•of disinfecting the vines and other things growing
there, which were in a very diseased and unhealthy
condition. Witness since the summons had been
served upon him bad written to his Lordship ac-
quainting him thereof, and he (Lord Tenterden) had
expressed to him in his answer to the communication
that o
competentfthelike O
personspinion. believed that the proceeding
for which the summons had been issued was not at
all calculated to injure health. He (witness) was
also
Mr. BROUGHTON remarked, that in a case which
was brought before him a month or two ago for a
similar offence, it was clearly shown by the evidence
of Sir Francis Knowles, who is a good practical
chemist, that the removal of such matter along a
public road was likely to have an injurious tendency,
and in that case he felt it to be his duty to convict :
in other cases of a like nature fines had also been
imposed ; in the present instance he considered that
the offence had been proved, and he should order
defendant to
costs. Pay the mitigated penalty of 10s. and

SOUTHWARK.
William Tupper was brought before Mr. Secker
for re-examinition, charged with stabbing his wife,
Sarah, the breast with a knife.