The Sun.
London, England, 1849-11-14 00:00:00

BIRTHS IN THE WEEK.

Males ... ... ... ... ... 698
Females ... ... ... ... ... 715

Total ... ...1,413
*ln this number are included 6 cases of death by
Cholera, 58 by Scarlatina, 46 by Typhus Fever, and 25
by Diarrhoea.

WORCESTER COLLEGE, OxFoRD.--Mr. William
Carr has been elected to the Exhibition on Dr. Kay's
foundation.

On Sunday a most eloquent end powerful discourse
was delivered by the Rey. Henry Dttelvill, 8.D., Principal
of the East India College Halley') ury, at the church of
St. Lawrence Jewry, Gresham•sareet, before the Lord
Mayor and Sberiffi, at the closes of which a collection
was made on behalf of the Cc mmercial Travellers'
Schools for orphan and necessitom children, when nearly
601. was obtained. The text was chosen from Isaiah
xxviii., 16, "Behold I lay in Zion for a foundation a stone,
a tried stone, a precious corner-sw ne, a sure foundation."
Long before the service began +Cue church was densely
crowded in every part, and many persons were unable to
get in.

THE BRITANNIA-BRIDGE.--On Saturday the first
of the great tubes of the Brits nnia-bridge was finally
lowered down again, by a 3 -feel; fall, on to its permanent
bed of plates and rollers ; the o peration for effecting a
junction with the tube en land having occupied about
three weeks. The event was eil.teered by the assembled
workmen and spectators, and hailed by the firing of
cannon on the Carnarvon side 'of the Straits. The hy-
draulic presses and lifting amyl' ratus are now being re-
moved from the Anglesea to it/ ne Carnarvonshire shore,
in order to raise the next tube as soon as it is floated to
the piers—an operation which weather and tide per-
mitting, will take place on the 3d of next month. The
operations connected with th is work have now been
carried on for several months t oth by day and night, and
from tho strenuous exertions w ade it is expected that the
first line of tubes will be °pouf 3d for traffic on the Ist of
March next.
[ADVERTISEMENT.]—An Extraordinary Case of
an Abscess in the Arm Cured by Holloway's Ointment and
Pills.—Mrs. llowden, the wi.fe of a carpenter residing at
Kfinhee tron a swelling in the upper part
at first, ultimately
arm,of her
noticed
which, about
thought wo y
,t irs
painful
caused her intense suffering. under medical treatment
impossibleany other hope
eh to heal, and
she
ahwe owuoondadavpipseeadrteod,
gwohtioehthit w
the
iLlre nary without
of cure than by amputation; fling to consent, she. deter-
mined on giving Holloway's 0 itrtment and Pills a trial, and
these had the happy effect of soundly curing her in a month.
found
—Sold by all Druggists, and it Professor Holloway's Estab-
lishment, 244, Strand) London...A

The following gentlemen have, in their retpctive
boroughs and citie., been elected to the dignity of Chief
Magistrate for the ensuing year:—
Axbridge—R. Trew.
Arbroath—William Johnston.
Birmingham--Mr. Lucy.
Bideford—Mr. Evans.
Bath—William Dowding.
Bristol—J. K. Haberfield (fourth Limo).
Bolton—T. L. Rushton.
Boston—M. Staniland (re-elected).
Bradford—Alderman Forbes.
Berwick—Capt. Smith, R.N. (re-elected).
Banbury—Richard Goffe.
Bradford—Mr. Forbes.
Buckingham—Richard Chandler (re-elected).
Brechin—David Guthrie.
Bedford—C. F. Palgrave.
Cambridge—H. S. Foster.
Chesterfield—John Walker.
Cardiff—Charles Vackell.
Carmarthen—W. Davis.
Derby—James Maywood.
Durham—Robert Thwaites.
Devises—George Waylen.
Doncaster—W. Dunhill (re-elected).
Dover—G. Finnis.
Dorchester—W. D. Tapp.
Devonport—E. St. Aubin.
Exeter—E. A. Sanders.
Edinburgh—Right Hon. William Johnston.
Gateshead—George Hawkes (re-elected).
Gloucester—C. Smallridge.
Hertford—Y. Crawley.
Hastings—G. Scrivens.
Hull—J. W. Palmer.
Halifax—Alderman Cropley.
Haddicgton—George Moore.
Inverness—Mr. Simpson.
Ipswich—T. B. Ross.
Kendal—C. B. Crewdaon.
Leeds—Alderman Bateson.
Lancaster—J. Dockray.
Leicester—J. Munday.
London—Alderman Farncomb.
Liverpool—J. Holmes.
Lynn—W. Meyse.
Lanark—Dr. Fleming.
Monmouth—John Mayon.
Macclesfield—T. T. Swanwick.
Manchester—John Potter (re-elected).
Maidstone—Charles Scudamore.
Northampton—Alderman Parker.
Norwich—Henry Woodcock.
Newcastle-on-Tyne—J. Craws%
Newport (Monmouth)—J. B. Batchelor.
Nottingham—Richard Birkin.
Oxford—Alderman Sadler.
Portsmouth—Alderman Bramble (second time).
Preston—J. German.
Salford—Alderman Langworthy (re-elected).
Sheffield—Thomas Birks.
Sunderland—W. Orde.
Stamford—Alderman Althorp.
Sudbury—Dr. Scrimshaw.
Shrewsbury—J. Birch.
Salisbury—Dr. T. R. Moore.
Shaftesbury—William Storey.
S.nsthampton—Rd. Andrews.
Stirling—John Sewers.
Thornbury—E. G. Councel'
Totnes—Wm. Bowden (re-elected).
Tynemouth—Wm. Linskill.
Wallingford—Robert Payne.
Wisbeach—H. W. Ward.
Wakefield—J. Holdsworth (formerly M.P. for the
borough).
Wolverhampton—W. F. Fryer.
Windsor—Mr. Hansom.
Wigan—R. Darlington.
Weymouth—G. C. Welsford.
Winchester—Mr. Faithful.
_ Yarmouth—Mr. Gourley.
York—G. H. Seymour.

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Nov. 13.
(Sittings in Banco.)
WAHLEY V. COMM

Mr. Sergeant WILKINS having obtained a rule in this
case, on behalf of the defendant, calling upon the
plaintiff to show cause why the verdict returned in his
favour before the Lord Chief Baron, during the Mid-
dlesex sittings after Trinity Term last, should not be
set aside, and a new trial had, on the ground of mis-
direction, and also because the damages, 3501., were
excessive.

The ATTORNEY-GENERAL, with whom were Mr. Ed-
-IVIII James and Mr. Bramwell, now showed cause. The
actioa was brought, as will be remembered, to recover
compensation for libels published in the Medical Times,
a periodical medical newspaper, of which the defendant
is the proprietor. The article alleged to contain the
libellous matter for which the defendant is civilly
responsible, reflected in strong language upon the
conduct of the plaintiff in the discharge of his duties
as Coroner, on the body of Thomas White, a soldier,
who died of ieflanimation of the pleura, and of the
lining membrane of the heart, superinduced, as was
alleged, and generally believed at the time, by a
flogging, in which the deceased received fifty lashes, at
the cavalry barracks at Hounslow, in pursuance of a
sentence previously passed upon him by a court-martial.
Besides animadverting upon him in this respect, the
article in question contained charges against him having
reference to him in a more public character, amongst
others, that he went shares with Mr. Wilson in " post i
mortc m fees," and that he had taken steps at and Tme-
diately before the inquest for the purpose of creating it
charge of murder, by corrupting witnesses, and by com-
mitting Mr. Peacock with a view to draw up an inqui-
sition of raurder, and also by excluding certain wit-
nesses from the inquiry, in cense quence of which the
officers of the regiment were made to appear to have
acted culpably in the progress of the inquiry, and sub-
sequent execution of the sentence. The Learned
Council now contended against the rule, that the de-
fendant in charging the plaintiff for his conduct at the
inquest, had acted upon the erroneous notion that the
office of coroner was analogous to that of a magistrate
having the power of exercising summary jurisdiction, and
that his duties wore similar to these of the magistrate
when taking evidence to an accusation. The two were
different in:several respects, the situation of the coroner
being frequently, indeed generally, of a more critical
character, inasmuch as he had to conduct an inquiry at
which more or less excitement always prevailed, and
then, if he thought it necessary to take much evidence
on any particular point, he was accused of partiality for
one reason, and on the other hand, if he thought it on
any account advisable to dispense with it, he was met
with the same accusation for some other reason. The
charge, therefore, that the plaintiff intended to get up
a charge of murder was absurd, whilst the means by
which it was alleged he endeavoured to do so were un-
proved at the trial. The misdirection complained of
consisted in some observations which the Lord Chief Baron
made on the practice of coroners, in excluding the evi-
dence of witnesses whose conduct might afterwards
be investigated; but as your Lordship now said, no
misdirection could be maintained upon that ground, as it
was obviously competent to a Learned Judge to make
such explanations on subjects connected with judicial
proceedings of any kind whatever, as might serve to
render the case more clear in the minds of the jury, so
far as it turned upon such practices. The plea, stating
that Mr. Wakley was a libellous jouonalist, because a
verdict had been passed Against him in an action of
Cooper v. Wakley, the record in that case ought to have
been produced at the trial, because the plea did not state
the fact, that tha: action 'rid been brought and had so
terminated. With regard to the charge, that the plain-
tiff shared pest mortem 'tees with Mr. Wilson, it was
answered by the establishment of the denial, as there was
only one fee to tho coroner for an inquest, however Icing
is may be, and a post mortem examination did not lead to
any additional fee. It was necessary for the administra-
tion of justice that the Courts should especially protect
persons exercising the lower class of judicial functions,
inasmuch as charges which their Lordships might
receive scathless would be a serious injury to a
coroner, justice of the peace, or stipendiary magistrate,
as to which Mr. James referred to the case of Outram
v. Morewood, in 3d East. On the question of excessive
damages, the amount of which was:. anything but, dispro-
portioned to the grossness of the libel, it was one which
the Court must have great difficulty in dealing with, if it
supposed that the amount was excessive, some of the
allegations being proved, and others disproved.
Mr. Sergeant WILKINS and Mr. D. EIRSLEY supported
the rule; and contended that the libel was not gross or
vulgar, and that were it such as the Attorney-General
characterized it, the jury would have given 1,0001.
damages, instead of 3501. The libel uttered by the
plaintiff against Mr. Branaby Cooper had ben admitted
by the Attorney-General, at the trial, in the moat
express terms, as he undertook to admit the libel, if it
were admitted on their own part that it was uttered
twenty-eight years ago. Mr. Dearaley made the required
admission, and sat down perfectly satisfied that the
Attorney-General had admitted the libel. The evi-
deuced not only supported many of the
justify and render
imperatively necessary a serious investigation into the
conduct of the plaintiff as Coroner for Middlesex. The
observations of the Learned Chief Baron upon the prac-
tice of coroners had had a decided effect upon the find-
ing of the jury adverse to the defendant, and they
submitted that upon that ground alone he was entitled
to a new trial.
The LORD CHIEF BARON having expressed his opi-
nion that the damages were not excessive,
Mr. Baron Pal he, Mr. Baron Alderson, and Mr. Baron
Rolfe, gave judgment against the rule, concurring in the
Lord Chief Baron's observations on the amount of da-
mages,which they considered were not excessive, because
a great portion of the libel affecting the plaintiff in
his public character had been disproved. With regard to
the ground of misdirection, first, because the Learned
Judge had made observations, and the practices of
coroners excluding certain witnesses, and, secondly, in
reference to hii observations on the charge against the
plaintiff, that he was a libellous journalist, it could not
be maintained on either point. P' it were entertained
on the second point, then it could only affect the costs of
the particular plea which addressed itself to that fact.

In the case of this bankrupt, Mr. DuNcatr today
stated that the bankrupt was arrested upon bis Honour's
warrant, and brought before the Court yesterday. Ile
was now in custody. He (Mr. Duncan) proposed to ask
tho bankrupt a few questiipns.
The bankrupt was exainined, and stated that ho had
resided, since the 4th of July, at No. 2, Warren-street,
Camden Town, occupying two rooms at a rental of 7s. a
week. Ho had a wife, bat did not know where she re-
sided. Had only slept three nights in Warren street since
the 4th of July. He was last there on Sunday evening,
when ho sent for a surgeon to obtain a certificate that he
was ill. Had been frequently at the house of Mr. Bal-
lard, tailor, Tavistock. place. Ballard had been security
for deponent for 1001., about 12 months ago. He ac-
cepted a bill drawn by the bankrupt, which was still un-
paid. There had been other transactions between them,
respecting the acceptance and drawing of bills and loans
of money. lie became proprietor of the Oriental Hotel
in February, 1848, having purchased it of Mr. EvaLs for
abont 700/. The lease of the premises comprised three
houses. The fixtures belonged to Mr. Cabbell, the land-
lord, but they were of a very trifling value.. they were
very old. At the time of taking the house, he could not
state what capital be was possessed of, before which ho
was managing clerk to a solicitor.
Mr. STURGEON, for the bankrupt, thought the last
question irrevelant, or at all events improper, there
being proceedings pending before another court which
would decide whether or not Bishop was a bankrupt.
HONOUR was of a different opinion.

Examination continued—Was a debtor to Mrs. Hum-
frey, , of York, in the sum of 3001., for moneys advanced
at different periods prior to July, 1848. She held an
agreement for the mortgage of the lease of the house as
security. The first advance of 1001. came by order upon
Messrs. Barclay, Bevan, and Co.'s bank. The other ad.
vances came in bank-notes, but he did not make any
memorandum of the numbers. His books, which were
at 86, Parrock-street, Gravesend, would show these ad
vances. They were in the possession of a friend, named
Ives, and comprised a cash-book, a ledger, several daily
entry books, and a good batch of other books. He
(Ives) had four or five cheque-books, with the counter-
: foils, belonging to witness. Mrs. Bumfrey had been a
housekeeper. Could not give her direction other than
" Mrs. Hunefrey, York." Never saw her upon the
occa,ion of the money being advanced, He was a
debtor of Mr. Alfred Mortimer Job, stationer, Bread
street, to whom a bill of sale was given in Oct., 1843,
over some furniture, the consideration money being 800/.
—5551. was given at the time, and the remainder in bills
at short dates. Miss Angelina Job was put in posses-
, sion, and remained so up to the 3d of July last, his name
being still over the door. He continued to remain buy-
ing goods and paying for them as usual. In February
of tie present year he received, on mortgage of the Ori-
ental Hotel premises, the sum of 1,000/. of Mr. John
Young. This mortgage included the lease agreed to be
assigned to Mrs. Humfreys, but he did not mention the
eircumetance to Mr. Young, neither did he tell him that
Mr. Job had a person in possession. Had not passed by
any other name than that of Bishop since the fiat. The
501. borrowed from Jefferson on the Ist of July was
spent. In Ballard's house there was 300/. belonging
to witness. Last saw them (one hundred pound and
four fifty pound notes) in the back parlour. They
were in a secret place, between the bookcase and
the wall, tied up in a package containing bills of
exchange and other miscellanecus papers. Could not
tell Bollard's Christian name; it was either Edwin,
Edmond, or Edward. Nobody saw the notes put behind
the bookcase. They were placed there about a fort-
night ago. He (witness) saw the packages a few days
since. This was the first mention of the packages being
in existence. His solicitor, Mr. Harrison, had received
about 100/. since the date of the fiat. Was possessed of
a freehold house, No. 21, Plough-court, Fetter-lane. It
was let to various tenants, all of whom paid him rent.
Mr. DUNCAN said he would carry the examination no
further to-day. He had to apply that a summons be
granted, and served upon the bankrupt before his leav-
ing the court, and also that the messenger's warrant be
signed for the seizure of the property in question.
Mr. STURGEON prayed for protection. His client was
compelled to attend the meetings required by the credi-
tors, and was entitled to the indulgence usually shoWn to
bankrupts.
His HONOUR did not think it a case in which protec-
tion ought to be extended. He was obliged to be appre-
hended by warrant; he had not produced his books, and
neither had he given up his property.
Protection refused accordingly.

POLICE INT LLLIGENCE.
SOUTH WARK.
Elizabeth Howe, a respectable-locking female, of
rather masculine appearance, was brought before Mr.
Burrell, charged with being insane, and threatening to
commit suicide, near the place of execution, in Horse-
monger-lane.
Sergeant Watkins, of the M division, stated that he
was on duty near the place of execution in Horsemonger-
lane that morning, just after the convicts Frederick G.
Manning and Maria his wife were launched into eternity.
The prisoner took a phial from her pocket and placed it
to her mouth, and %I ould have swallowed the contents
had not witness seen her and knocked it out of her hand.
He seized hold of her for the purpose of preventing her
from committing a serious injury on herself, when she
became very violent, and asses ted that she was one of
Manning's sisters, and that her brother had been un-
justly candemned and hung, and that she was determined
to die with him. Witness had some difficulty in getting
her out of the crowd, and placing her in safe custody.
Inspector Proud said he took charge of the prisoner
afterwards, when she asserted that she was Manning's
sister, and that she was determined to commit suicide.
Her brother had been unjustly executed, and she was
determined not to be disgraced by the exhibition.
Mr. BURRELL— Do you think that she is in her right
senses? Inspector Proud—l think she is insane, and
that she was not aware what she was about.
Mr. BURRELL—Is there any truth about her state-
ment, that she was sister to the unfortunate convict who
had been executed? Inspector Proud—l have made in-
quiries, and have ascertained that she is a respectable
young woman, and that her friends reside at Birming-
ham. I believe that she had been in the neighbourhood
of the gaol all night, and that her feelings were excited
at witnessing the execution.
Mr. BURRELL—Do you know any of her friends? In-
spector Proud—Sergeant Watkins had seen some of
her friends that morning, and they were willing to take
care of her. She had no connexion with the Mannings,
and, I believe, she merely went to the scene of execu-
tion through curiosity.
Mr. BURRELL asked the prisoner what she had to say
in answer to the charge? She replied, her feelings were
excited, and she hardly knew what she was about. She
had come from Birmingham with some of her friends,
and had, unfortunately, left them on the previous night,
to witness the execution of Manning. She-was so hor-
' rifled at the scene that her feelings overpowered her, and
she knew not what she was ebout. She was extremely
sorry, and would promise to go home immediately.
Mr. BURRELL, after admonishing her as to her future
conduct, placed her under the custody of Sergeant Wat-
kins, and directed him to deliver her to her friends.
John Smith alias Tinker Smith, a well-known thief,
was brought up, charged with being concerned in steal-
ing a gold watch from the person of a gentleman named
James Wood.
The prosecutor deposed that he was standing near the
Masons' Arms public-house, nearly opposite the gaol,
when a rush was made upon him by a number of men.
He turned round and missed his watch, when the pri-
soner pulled him backwards, and prevented him from
pursuing the thieves. He seized hold of the prisoner,
and, alter a severe struggle, handed him over
to the custody of a police-constable. Witness was
positive that the prisoner was connected with the
robbery, as he pressed upon him so hard, and
prevented him from following the other thieves.
Prisoner—The gentleman knows I did not steal the
watch. I was in the crowd, witnessing the execution,
when I was pushed upon the complainant, and I could
not avoid pulling him down.
Prosecutor—You pressed upon me very hard while
your companions committed the robbery.
Prisoner—Why did you not secure the others? You
could have done so, as there were many parties near
them. _ _

Mr. BURRELL inquired whether the prisoner was
known? Police-constable John Newell, 102 N, said that
he had known the prisoner as a thief for some time.
Prisoner—No, you don't know me as a thief. I never
17P4 in custody for felony.
Witness—l have seen you summarily convicted for
felonies. The last time was at Worship-street, where
you had 14 days.
Mr. BURRELL—How long have you know him? Wit-
ness—Four years. He sometimes goes by the name of
White.
Prisoner—That's a lie. I always went by the name
of Smith.
Mr. BURRELL told the prisoner that it was quite clear
that he had been convicted, from the evidence of the
officer.
Prisoner—l have only had 14 days, your Worship.
Mr. BURRELL—That coroborates the testimony of the
officer, therefore I shall commit you to Brixton for two
months.
A masculine looking female, named Hannah Manning,
was brought up charged with threatening to murder
Ann Collins.
The complainant stated that she went to ace the
execution that morning, and when they arrived in Swan-
street the crowd was so great that she could not help touch-
ing the defendant. The latter immediately bounced upon