The Sun.
London, England, 1847-07-19 00:00:00

PROMOTIONS.

Lieutenant—George Smythe (1834), to the rank of
Commander.

Mate—Henry Samuel Hamilton (1845), to the rank 01
Lieutenant.

Captains—T. RodAnPel7ElNdremn,ENtTost.he Amphitrite; Fre-
derick H. H. Glasse, to study at the Steam Factory,
Woolwich.
Commanders—W. C. Chamberlain, to the Britomart;
Richard R. Quin, to study at the Steam Factory,
Woolwich.
Lieutenants—Norton C. S. Sullivan, to the Vernon ;
W. H. Hood to the Birkenhead ; William K. Nicolas, to
the Ocean, Robert J. St- Aubyn, to the Resistance ; R.
W. H. Alcock, of the Scout, to the President; Walter
Strickland, to the Amphitrite; C. R. Johnson, from the
Comet, to command the Fire King.
—1; W. G. panneter, to the ejoAhmn Amphitrite,
Masters—Andrew S. Knight, to the Shear water; Va.
M. Dyne,
ftrootmhet, Caledonia.leco
lentine G. Roberts, to the Amphitrite.
Purser
rs--Lewis W. Young, Chaplain—Wt;
g, to the Penelope;
Frank Inglis, to the Adventurer; Parsons (acting),
to the Odin; S. Braddon,
King. met to the Fire
a Ington, from
Assistant-Surgeons—Henry
sJi.stßarneceen;,Wto.tßhe.
DVaiicbtoyr2yto;
the James iv and Thomas
Bowe;C. . Wilson,
i .
the Comet
Poland, to the Re-
Caledonia; A. W. W. B bb. Matthias, to the
1 the Fire King. to

Clerk in Charge—John Macdowall, from the Comet
to the Fire King.
Passed Clerk—C. S. Saunders, to the Victory.
Clerks—James C. Molley, in charge, to the Cuckoo; C.
J. Martin, to the Queen; Edward Marcon, to the Re-
sistance; Henry Gray, to the Seringapatam; James H.
Jackson, and W. F. Wentworth, to the Crocodile.
Midshipmen—Henry Batten, to the Dragon; Charles
Hope, to the Excellent; J. W. Parrott, to the
T. B. Lethbridge, E. H. Standish, E. H. Buck, andJt.oh
_
Burgess, to' the Victory ;J. R. Lawrence, to the 5
Vincent.
Masters' Assistants—J. K. Cooke, to the Po
Edward Swain, to the Dee ; Char. ictiers ;
les B. AlWhri‘Deinteh oottu se,
, to
the Kite • D. Grant, to the Caledonia; J. G.
to the Victory.
Naval Cadets
cent; Frederick Lewis, to the Qu
the Hibernia.
Coast Guard—Mr. W. een; John Griffiths, to
—Charles N. Streatfield, to the St. Vin-
w S. Emes (Master R.N.) is ap-

pointed to command a station. Lieutenant H. R. R ive,
removed from Durang-point to Greencastle, as Lisp( ct-
ing-Lieutenant.

CRICKET.

SURREY AND KENT.
This singular match being resumed on Friday, at Preston-.
hall Park, was renewed and brought to a conclnsion on Sa-
turday. The first score was as follows :

YIENT.
W. Mynn, Esq., b Brockwell 14 run out .................. 4
C. G. Whittaker, Esq., c
Heath, b Martingell
Hillyer, c Brockwell, b Mar-
tingell
Pilch, b Sherman S c Hayward, b Day ... 26
W. Pilch, b Sherman
A. Mynn, Esq., c Heath, b
Sherman
Dorrinton, not out
Martin, b Sherman
Belton, b Sherman 0 b Day is
Jones, b Sherman 4 b Day l2.
Washer, b Sherman 0 b Sherman 0
Byes 5, wide 4, no ball 1... 10 Byes 10, wide 7, no
ball 9 - lO

120
SURREY.

Chester, b Mynn 1 c Belton, b Hiller 1
AS e.
Bweal
rl,nsch V4a
irvi, E
1 sh esqr,., be
Belton Hillyer 3 cDorrrc c
riin :o::
b b Hillyeriiiyer 7
8
b Hillyer
Dorrinton,
Broekwell, c Belton, b Dlynn 8 cW. Pilch, b Hillyer 3
Martingell, b Mynn l2 b Hillyer ...... ........ 9
N. Felix, Esq., c Belton, b
Hillyer 2 c Belton, b Hillyer ... 3
C.HDH Sherman,aaeß3yA
.ait,s.vahe esar,
rk2Wbds Marks,
cEniidßosi Pilch,eigtye:l:et(uor bib:
1:. 11. 13: .. n . , . .
52
bb
iiHillyer3.nn ... .. .. ...... 4
5
0
al:ri.lt.il;in:i.egl.rieflie..; 07
notc H iolluyte r, b Blynn
13
30 c IBityheitstalk3,erw,
ibdell2illyer
166

45
Kent therefore Won by 100 runs.

THE HORSE GANG.
Among the contrivances on the Scottish central
line, none struck us more than that which is called
the " horse gang." The first sign of this thing
filled us with an undefined feeling of something like
terror : the next with thoughtful solicitude ; and,
finally, with an abortive attempt at laughter, so odd
like, and yet fearsome, did the affair appear to our
unintiated eye. Although it is far from being either
new or uncommon, we cannot resist an attempt at
describing it, that others may go and see it as well
as we. The horse gang, then, consist of what, upon
level ground, would be a wooden platform, five or six
feet broad, and twelve or fifteen yards long, raised
upon one end, and leaning upon the edge of the cut,
at an angle of about fifty degrees ; at least those we
saw at Kippenross were so situated. This, then,
being given, the query is, how is a man to be made
to wheel a loaded barrow up almost this perpendi.
cular affair, and then to take it down again, though
empty ? Well, there is upon the top of the bank
a little gin to serve as a rope, and to one
end of the chain a well-trained horse is yoked,
and to the other a short piece of rope with an
eye at each end, at which place it is strongly
fastened to a piece of board, which we call a protective
board. This rope is then fastened by another strong
eye in the middle to the chain. The rope and board,
fixed as they are together, are then put upon the stilts
of the barrow, in such a manner as that they shall not
slide back, and they cannot get forward for the sides of
the barrow. The man who is to wheel then seizes the
stilts of the barrow with both hands, and intimates to a
driver above that he is ready. The driver then speaks
to the horse, which moves off, and, turning the gin,
brings up both the man and his barrow. It is, however,
the position of the man upon the platform which creates
a feeling of uneasiness in the eyes of the looker-on for
the first time. The man is at right angles to it, and
therefore his safety, and even his life depends entirely
upon the firmness of nerve with which he holds the
stilts of the barrow, as no mechanical means are
used to attach him to it. In short, it seems a
very dangerous mode of working, and yet we never
heard of any accident occurring to those employed
in it, and we understand they get better wages than
any other labourers upon the line. In descending, which
he does at the same angle at which he went up, the
weight of the chain and its friction on the ground
serve to balance him. We are satisfied that no person
can look upon this contrivance without interest. At the
present time, when every exertion is making to finish
the line, the labourers are allowed to work as many
hours as they please each day; and so completely do
some of them enter into this arrangement, that it is no
uncommon circumstance for many of them to work a
whole week with only two nights in bed, and some of
them seek only one by way of brag; and it is but a
short time ago since one fool hardy fellow roughed it
out the whole week. He went out on Monday morning,
and did not return till Saturday afternoon. He was a
" tipper," that is one of those who empty the waggons at
the bank head; and the only rest he got was to throw
himself down on the ground in the intervals between the
emptying of the last and arrival of the next waggon,
when he occasionally obtained a few minutes sleep; and
yet, many of those men who possess such indomitable
and untiring energy work so hard, just in order that at
the end of four weeks they may be the more able to
enjoy a day or two more of mere unimal gratification,
when jollification and drinking are in the ascendant.—
Scottish Railway Gazette.

Mr. Cobden has arrived at Vienna, where he has

been presented by Lord Ponsonbv, the English Ambas-
sador, to the Prince de Metternich and Baron de Kubeck ,
Nfinistvr of the Interior.

Mr. Burke, of trotting notoriety, performed, over
.he Belle Vue Course, ,Ahieh is some yards short of
.hree quarters of a mile, a wonderful feat in driving two

horses in a tandem, 16 miles, in 58 minutes and 19

seconds, to the entire satisfaction of swne thousands of
spectators.

ROBBING THE SAXON MINISTER OF 3,000 DOL.
LARS.—On Saturday inrormation was received by the
police that the Baron Beust, the Saxon Minister, of
Wilton-crescent, Belgrave-square, had been plundered
of the above amount by a person named Ernest
Ramsham, who is supposed to be now trying to get
out to America.

FATAL ACCIDENT WHILST BATHING.—On Satur-
day a man employed at the floating bath, Blacktriars,
discovered the body of a youth lying in the mud off the
plate-glass wharf, Upper Ground-street, Blackfriars-
bridge. The body was identified as being that of Ed-
ward Poley Gibbons, aged seventeen years, an appren-
tice to Mr. West, the optician in the Strand. On Mon-
day last the deceased and his master proceeded to the
waterside to bathe, and whilst in the water the swell
caused by the various steam-boats carried him out into
the stream, when he became alarmed, and before as-
sistance could he rendered he was drowned.

ROBBERY AT EARL SOMERS'.—On Saturday in-
farmation was given that on Friday a massive silver
ink-stand, twelve or fifteen inches lung and five broad,
with a small silver candlestick attached, the property of
Earl Somers, was stolen from his Lardship's seat, the
Priory, at Reigate, Surrey. It was engraved with a
crest, a weed growing out of armour, and a stag, and
with the names of several of the family. The robbery
is stated to have been committed by some go-cart men,
two of whom were seen near the house in conversation
with another man, who offered paper ornaments for

sale, after which they drove to London.
DEATH FROM MORISON'S PILLS.—Last week,
Emma Partington, aged 30, of Love-place, Rochdale,
swallowed in two days, ss. 6d. worth of Morison's pills.
After which her health, which had been delicate, be-
came worse, and she ultimately died. At an inquest
held upon the body, the jury returned a verdict " That
she died from an overdose of the pills."
EXTRAORDINARY SUlClDE.—Saturday a man,
whose name is unknown, committed suicide under the
following singular circumstances:—lt appears that the
deceased was in great distress, and on the previous nig htt
applied for a lodging at the Red-house, in Mint-s
St. George's, Southwark, chiefly occupied by cadgers
and beggars. At an early hour he got
unlit), and went up-
stairs to his room, where he was slubseqhse testy discovered
thing, quite
hanging by a rope from a rafter . t
immediately under the
dead and cold. On the floor
as ' was written in
spot where the deceased
:7Arva fiends reside at No. 17,
a bold hand, with chalk, „ His pockets were searched,
Church-street, g ti•
a cost was found, pawned for
the
ob_roker, Brighton, on Monday
and in one a duplicate of n
Dicer of St. George's, South-.
6s. at Mr. Folkard s, pawnbroker,
last. Mr. Allingham,
possession of thebody, which he removed to
wark, took
the workhouse.
Tnis Witer INDIA MAILS. -- SOUTHAMPTON, Si.
TURDAY.—The Royal Mail steam-ship Dee, William
Allan, Esq., commander, left Southampton, at three P.IL,
with the mails for the West Indies and South America.
She takes out 46 passengers for the different islands, and
a very large and general cargo, including 60,0001. in
dollars and English coin on Government account for
Barbadoes and Bermuda, also a large sum on merchants'
account. The Peninsular and Oriental Company's
steam-ship Jupiter, Captain Mehan, left at three o'clock,
for the Peninsula, with the mails, a full cargo, and a
large number of passengers. •
Young, the tragedian, a contemporary of the
Kembles, on Fl iday, visited Bristol. Though in his
71st year, he is looking both hale and hearty. He came
from Clevedon Court, the seat of Sir Charles Elton.
the
Mr. Walton, who has been connected withhjun
Princess's Theatre ever since its first op died sa.
actor (and occasionally as acting manager), ....,-
turday last, after a few days' illness.
that at Naples,
Tourists will learn with satisfaction,
and mules tee
"
a tariff of charges for the hire of horses
fixed and published
ascend Mount Vesuvius has been
and
and boatmen
and also for the charges
rs and their luggage on
employed in carrying passenge
board the steam-packetst.
ssu.
—On Saturday informa-
tion was circulated,
A FOREIGN VIC Twlrth
a description of a foreigner,
who, on Ft iday
afternoon, stole a quantity of valuable
property under the
following circumstances, from Mr.
Catchpole, a
watchmaker
and jeweller, in Regent-street. The person mentioned, who, although a foreigner, gave
the name of Thompson, called at the shop, and selected
A gold watch, with gold guard-chain and brequet key
attached; a gold ring, set with an emerald; and two
diamond rings (valued altogether at 34L), to be sent for
approval to No. 151, Oxford-street, and a shopman ac-
companied him to the place with the goods. He- then,
however, took the shopman to Fladvoy's Hotel, seven or
eight houses distant, under pretence of getting him a
cheque for the amount, and, leaving him there, returned
to 151, and got possession of the valuable property, with
which he made off. He is described as apparently about
thirty years of age, five feet eight inches high, with
mustachios and whiskers, out close and turning greY
and wore a black frock coat and black troupers.

A distiller may not send spirits out of his distillery
to be warehoused, or to be shipped for exportation,
before nine o'clock, A.M., nor after two, P.M., thus
being allowed only five hours out
of the four and
twenty for the conducting of this very important
branch of his business. (Sec. 67 and 75.)
A distiller is obliged to pay duty on all deficiencies
which may occur whilst his spirits arein warehouse,
from evaporation, leakage, or any other unavoidable
cause—a charge from which foreign or colonial spirits
are wholly free.
This obligation is extremely burdensome, as it
wholly prevents a distiller from keeping his spirits in
bond, to improve by age; he is thus obliged to hurry
his manufacture upon the market in an unripe state,
to the injury of himself and the consumer, who is thus
forced, by the arbitrary regulations of the Excise, to
be satisfied with an unwholesome article, instead of
one mellowed by age. (Sec. 81.)
A distiller or proprietor of any spirits bonded in a
Government warehouse (for which warehousing he is
charged rent at a most exorbitant rate), is prohibited
from claiming, or demanding, or maintaining any
action for any compensation or damages should his
spirits be destroyed by fire, or by the falling in of the
warehouse, instances of which have frequently hap-
pened from the gross carelessness and reckless neglect
of the servants of the Crown themselves. (Sec. 82.)
If a distiller does not immediately admit any Excise
officer on demand into his distillery, either by night
or by day, the officer may break open and enter the
distillery by force ; it is not even necessary that he
should have a constable or any other officer of the
peace present. (Sec. 104 and 107.)
A distiller is obliged to furnish any Excise officer
with ladders and lights whenever he may demand
them. (Sec. 105.)
A distiller may sell his spirits only at three
strengths, viz., '25 and 11 per cent. over, and 10 per
cent. under proof, while he is prohibited warehousing
them at any strength except 25 and 11 o.p. (Sec. 66
and 120.)
A distiller is prohibited being a retailer of spirits.
A distiller is prohibited being a dealer in spirits.
A distiller is prohibited being a rectifier.
A distiller must assist any Excise officer in distil-
ling the contents of any wash-back in his distillery
(Sec. 123.)
Minors, being distillers, are liable to all duties of
Excise, and to all penalties and forfeitures, as fully
to all intents and purposes as if they were adult and
of full age. (Sec. 127.)—Edinburgh News.

EXCISE RESTRICTIONS UPON
DISTILLERS.
We have lately amused ourselves by making a few
extracts from the laws regulating the distillery trade.
'Our extracts have been made chiefly from the 4th of
Geo. IV. cap. 94, which refers more particularly to
the Scottish distilleries, and we have not meddled
with the 6th Geo. IV. cap. 80, which regulates the
English distilleries, except as regards those clauses
affecting the Scotch trade, and we have then expressly
named the statute. We by no means intend the fol-
lowing to be understood as the whole of the Excise
regulations regarding distillers ; on the contrary, it is
only a selection of a few which we beg to present to
our readers as a specimen of the system.
The public will, no doubt, think the following a
most wearisome article to wade through, and few, if
any, will read it to the end, however much astonished
they they may be at the facts contained in it ; but, if we
presented them with extracts from the Acts of Par-
liament themselves, expressed in all the language used
in such documents, they would be even still more
astounded. In fact, to understand and pick out the
meaning from their confused mass of unintelligible
jargon is a work of the most onerous description.
We hope a glance at the following will convince the
public that the work we have set ourselves to
accomplish is one which is much needed, and we
hope the legal information here conveyed, in a
-tabular and condensed form, will be of use to our
contemporaries, in enabling them to expose the dis-
graceful nature of the Excise system. The 4th Geo.
IV., cap. 94, an Act now twenty-four years old, is
the latest enactment regarding the Scotch distillery
trade; and although it contains no less than 137
sections, it yet does not contain the whole of the dis-
tillery law, for by it many former laws were only
'artially repealed, so that the unrepealed portions are
till the law of the land. The preamble of this Bill,
00, is singularly complicated and confused, and to
-xtract the meaning out of it is a task that few but a
very clear-headed lawyer is fitted to undertake ; for
ourselves, we do not profess to be perfect in our un-
derstanding of it.
Before be dare presume to work, a distiller is
obliged, by 4th Geo. IV., cap 94,-
Ist. To obtain a licence, and have it renewed an-
nually. (See 3 and 8.)
2d. To erect certain vessels prescribed by law.
(Sec. 18.)
3d. To provide, at his own expense,' certain cocks,
pumps, locks, and fastenings, prescribed by law ; the
keys of all the locks to be kept by the Excise officer.
(Sec. 28.)
4th. To paint on each vessel or -utensil, and the
outside doors of every store or apartment in his distil-
lery, its name and number. (Sec. 33.)
sth. To paint every pipe in his distillery a specified
colour, according to the purpose for which it is in-
tended to be used, viz., every pipe for the conveyance
of wort or wash must be painted red ; of low wines or
feints, blue ; of spirits, black ; and of water, white.
(Sec. 36.)
6th. To make entry of all his premises, vessels, and
utensils, and to deliver a drawing of every fixed pipe
kills distillery. (Sec. 34 to 36.)
7th. To give sit days' notice before commencing
to brew.-(Sec. 42.)
Bth. To give six days' notice of the gravity of
worts intended to be made.-(Sec. 44.)
9th. To give six hours' notice of each brewing of
wort.-(Sec. 43.)
The distiller having duly performed all the fore-
going may now commence working his distillery,
and is obliged then-
10th. To give six hours' notice to make a hub.-
(Sec. 50.)
11th. To give a declaration in writing of the quan-
tity and gravity of the wort collected in each fer-
menting back.-(Sec. 48.)
12th. To declare, twelve hours before commencing
to distil, that all the wort and wash is collected into
the fermenting backs.-(Sec. 51.)
13th. To give eight hours' notice before removing
wash from each fermenting back to the wash charger.
-(Sec. 52.)
14th. To give four hours notice before removing
any low wines, feints, or spirits from their respective
receivers to the low wines or feints chargers, or to
the spirit store respectively. (Sec. 54.)
15th. To give two days' notice before bonding
.spirits. (Sec. 57.)
16th. To give a request in writing for a permit to
remove spirits which are required for home consump-
tion, stating the number of the casks and their con-
tents in gallons. After a permit is granted, one hour
only is allowed to remove the spirits. (Sec. 72.)
17th. To give one day's notice before removing
spirits for exportation to Ireland, or any foreign port.
(Sec. 73 and 89.) And to give bond for double the
value of the spirits, and the duty thereon. (Sec. 74.)
18th. To give one day's notice before removing
spirits in England, and band for double the value of
the spirits and duty thereon. (6th Geo. IV., cap.
80, sec. 92.)
The foregoing, along with certain other clauses
(noted below), impose certain hardships, restrictions,
and prohibitions, which are of a most annoying, vex-
atious, and oppressive character.
At the offset, the distiller meets with a strange
anomaly in a country calling itself free, and, above
all, boasting of free trade. He finds hat, in the
process of distillation he is compelled to choose one
of two evils-he must either use a still of rude
construction, and not adapted' to the manufacture of
a marketable spirit, or work with an apparatus not
formally recognised by the Excise law, and on that
account he will incur the risk of being stopped
at any moment, and deprived of his licence to use
this improved apparatus, without any reason being
assigned. All who are acquainted with the arbitrary
nature of the Excise-laws, are aware that the negli-
gence, ignorance, or unfaithfulness of a servant may,
at any time, be the means of accumulating on the
distiller penalties to a ruinous extent ; but in addition
to this, should he have embarked his capital in the
erection of improved machinery, the Excise have the
power to prevent him from using such improvement,
although other distillers are allowed to work an
apparatus precisely similar. This is no imaginary
case of oppression and one-sided dealing; it is the
-ordinary operation of the present law, and we could
point to more than one instance where this arbitrary
power has been exercised.
Ist Clause.-No person can be licensed to keep a
still of less content than 40 gallons (Sec. 9), and no
licence will he granted for any still of less content
than 500 gallons without a certificate, signed by three
Justices of the Peace, of the fitness of the person to
be licensed (Sec. 10). The Commissioners of Ex-
cise may refuse to licence stills of any content what-
ever, in situations near rectifying distilleries or brew-
eries, and vice versa (Sec. 13.)
When a distillery is more than one mile from a
market town the distiller is obliged, on pain of a re-
vocal of hie licence, to provide suitable iodgings for
the residence of the officers, and that at a cost not ex-
ceeding 101. a year, and those lodgings may not he a
portion cf his own dwelling-house, or of the distillery.
(Sec. 14.)
Distillers are prohibited from manufacturing
spirits from any material except grain (Sec. 18);
however, by special favour they are permitted the
use of potatoes and manglewurzel, and by an Act
passed in the present session of Parliament, they are
allowed to distil from sugar, whilst the cheaper mate-
rial, molasses, is still prohibited. But they must use
each of these articles separately, and make special
entry of their premises for whatever articles they
intend to distil from.
2d Clause-The vessels required by the Excise to
be erected are solely calculated to suit their
own convenience, without regard to the distil-
ler's interest at all. Some of them he could do
without altogether, whilst in the case of others,
where he is limited to only one, several would
be more convenient. As an instance of the first, take
the wash charger • *the distiller has to pump his wash
from the fermenting
to pump it a back to the wash charger, then
second time from the wash charger to
theill, whilst, were it not for the interference of the
Excise, he might pumptheriebtstraight from the ferment-
ing back to the still, y saving the expense of a
second pumping, and the original cost of the wash
charger. As an instance of the
tond, take the spirit
receiver-the distiller is limited to onlya ho.ne, into
which he is, of course, obliged to run his spirits,
whereas, had' he several, he might run the
qualities of spirits in each charge into separate vessels,rent
whereby he could have some of his spirits muocfhwfihceh
than the average. These are only examples,
there exist a multitude of cases.
3d Clause. The hardship of a man being obliged to
provide locks and fastenings for the purpose of lock-
ing himself up against his will, is self evident, and
requires no comment. The penalty for a man
damaging his own locks or fastenings is 200/.
4th Clause. Painting the name and number on every
vessel and utensil, and the outside door of every store
or apartment is expensive.
sth Clause. Painting every fixed pipe in a distillery
is extremely expensive.
6th Clause. The entry of a distiller's premises,
vessels, and utensils, is lengthy and troublesome to
draw up, and has to be renewed after
on the premises. any alteration
To draw a plan showing every fixed
ripe in a large distillery is a thing which is almost
Impracticable.
The remaining clauses, from
amount: of
7th to. the 18th
inclusive, entail a vast uacnerldoceentveptraetvioeunts daeldayis.;
and should any unforeseen
tiller from commencing an s exactly. at the
time
,cified in the notice, any
obligeda to give in a
fres nd keep his distillery and standing
ii 1,114,
peat__ cilleYilf the term that the notice has
npiapye,
without
even the
1 ' -Itiager Mitt 'ha-salter the size
;"fitsfs46,o,- 0f 9- •veil, utensil, zoe;
avnk,piiviolis noticeisto the Excise.-(Sec. 39.)
-- :41i.,. distiller may not brew and distil at the same
,s which renders__his distillery capable of doing
oay one-half of the work which it could do, were it
'offer this restriction.

THE SUN, LONDON, MONDAY EVENING, JULY 19, 1847.

ASSIZE INTELLIGENCE.
WESTERN ClRCUlT.—Winchester, July 17.
:Before Lord Chief Justice WU.DE and a Special Jury).
BREACH OF PROMISE OF MARRIAGE.—HARVEY V.

me, as their professional friend, the circumstances con-
nected with your recent conduct towards that lady. I
have read your letters and heard the details of the case
with great pain. From a sincere desire to induce you
even yet to act with honour towards Miss Harvey, and
a proper regard to your own character, I make the pre-
sent communication. You have professed a very strong
attachment to Miss Harvey, and in the most urgent
terms requested her to return to Ireland to be your wife.
She has given you credit for sincerity and honour, and
complied with your request. You have done all in your
power to secure her affections, and by inducing her to
give up business and return to Ireland you have placed
her in a most painful position before the world. She
has done notbing to merit this conduct at your hands.
You know her character stands unimpeachable, except
to the extent it will be injured by your treatment of her;
but this you can repair. You have made a solemn en-
gagement with Miss Harvey; you are in a situation to
perform it if you please to do so. You have uncontrolled
power over your own actions and property. I therefore
call upon you as a Christian and a gentleman to fulfil
your engagement by now marrying Miss Harvey. Take
this course even now, and you will act justly towards
Miss Harvey, and while you will save yourself from a
degree of odium which I will not describe, you will have
done what you can to recover your position and the
esteem of your friends. I beg you will carefully con-
sider this important matter, and let me hear from you.
" I am, &c.
" JOHN BATES."
He was at a loss to conceive what rag of a defence his
Learned Friend could make. As soon as the defendant
found the plaintiff was ready to marry him, he packed
up his goods and left the country, for he had several
letters written to him, asking him to marry her, but the
defendant had not condescended to notice them. He
could not conceive treachery, perfidy, or cowardice
equal to this. One would have supposed that the most
hardened villain would at least have some feeling of
compassion for the unfortunate victim whose chance of
happiness he was destroying, and would have taken
some notice of her ; but no, the miserable coward
skulked away from the country to evade the legal con
sequences of his conduct. Fortunately, however, a writ
reached him at Portsmouth, as he was joining his ship ;
and he (Mr. Cockburn) submitted they would consider
the plaintiff entitled to the largest damages.
The writing to the different letters was proved to be
that of the defendant.
A witness said that the plaintiff's father was a re-
spectable farmer, though he took a little whisky. The
plaintiff herself keeps a grocer's and baker's shop. She
lived with her father before she went to Canada. Every
one in Ireland had his own way of making love.
Miss Lilly Harvey—l am the sister of the plaintiff.
The defendant visited at our house when my mother
was ill in 1839. He paid particular attention to my
sister. The defendant lived with his mother. The de-
fendant and my sister corresponded frequently during
the first twelve months. The correspondence was then
broken off, and he paid attention to another lady. He
called again on us in another twelve months, and then he
got a very cold reception. We were going to meeting,
and the defendant walked by my sister's side, and the in-
timacy was then renewed. He was received as my
sister's suitor. I knew his friends objected. I had a
brother settled in Toronto, in America. My sister and
myself went out there, and my sister took lessons as a
milliner, and then commenced business there. It pros-
pered very much, and we were doing well. She received
letters from the defendant. At last she sold off all her
things at a very great loss, and we sailed for Ireland on
the 28th of July. I arrived in Ireland on the 9th of
December. The defendant never came to see my sister
after her arrival. She was very much distressed in her
mind its consequence of the defendant's conduct. She
and I have now set up in business as grocers and bakers.
My sister is about thirty, and the defendant about
forty-six.
Cross-examined—lt seems that the defendant was
very fickle. It was merely to break off the correspon-
dence with the defendant that my sister went to Ame-
rica, because she did not think that it would come to a
marriage. His mamma interfered, and did not approve
of the match. My sister was very fond of the defen-
dant. I went out to accompany my sister. I have seen
lovely Tommy" intoxicated. I read the defendant's
letters, and thought they were very pleasing. Of course
they caused a smile. When my sister understood from
the defendant's letters that all obstacles were removed
she did not hesitate to leave America. I could not
swear to my sister's writing. I have always lived with
my sister, and seen her write. I do not believe this
letter to be in her writing. I knew Mr. Murphy at
Toronto. He was a carpenter. He used to help me
to wash the tea-things. Of course I should have pre-
ferred staying there. What is in the letter is very true.
but I cannot swear it is in my sister's writing. Upon
my oath I can't form a belief as to the writing. lam
not certain of my own age, but I understand I am
about 22. I think I can recollect my sister telling me
that she had written to the defendant to say she would
not leave America. About a month after we returned
to Ireland my sister received a letter from the defen-
dant, which had been sent to Toronto, telling her not to
come.
Re-examined—Mr. Murphy paid me attention. A
letter from the defendant, of the 18th of August, 1845,
stated, that as the plaintiff had said she would not come,
he had written to tell her not to come.
Mr. Sergeant KINGLAXE submitted that the declara-
tion did not set out a proper consideration. The decla-
ration alleged that the plaintiff was sole and unmarried,
and resided at Toronto, and that in consideration of her
leaving and coming to Ireland for the purpose of marry-
ing him, he promised to marry her; but there was
no allegation that the plaintiff had entered into the
contract.
Mr. COCKBURN applied to amend the declaration.
The CHIEF JUSTICE said he would allow an amend -
mente givint the defendant leave to move the Court for
a nonsuit, if the Court should be of opinion that the de-
claration was bad, and that he ought not to have allowed
it to be awarded.
Mr. Sergeant KINGLAKE then addressed the jury for
the defendant. He regretted very much that this Irish
cause had not been tried on the other side of the water.
They had been treated with letters which, to an English-
man, were the most ridiculous that any man having
lucid intervals ever wrote, for he declared that if a com-
mission of lunacy had been taken out against the (leen
dant, he believed those letters would have been sufficient
to have induced a jury to pronounce him insane. In-
stead of this being a case of the aggravated character
described by his friend, it was one only of pounds, shil-
lings, and peace. The Learned Sergeant then com-
mented upon the letters, and contended that it was clear
the defendant had written to the plaintiff desiring her
not to come, as his friends would not give their consent.
He then urged that he apprehended they would give a
verdict for the defendant; but if not, they would give
the very smallest damages.
Chief Justice WILDE, in summing up, said, that in
his opinion the plaintiff was entitled to their verdict,
and the question would be the amount of damages they
should give.
The jury returned a verdict for the plaintiff—Da-
mages, 4001.
Solicitors for the plaintiff, Messrs. Bevan and Good-
eve ; fur the defendant, Messrs. Sutton, Prudence,
and Co.

JOHNSTONE.
Mr. Cockburn and Mr. Phinn were counsel for the
plaintiff, and Mr. SergeantKinglako and ?Ir. C. Saunders
for the defendant.
The declaration stated that the plaintiff, in August,
1845, was unmarried, and living in America, and that in
consideration that she would leave America and return
to Ireland for the purpose of marrying the defendant, he
(the defendant) would marry her; that the plaintiff re-
turned to Ireland, and the defendant had notice thereof,
and was required to marry her, but he refused to do so,
and that by reason of her leaving Canada she lost her
business of a milliner and dress-maker. The defendant
pleaded that he did not promise; that the plaintiff did not
arrive in Ireland within reasonable time after making the
promise; that he had not due notice that she had arrived;
that the plaintiff was not ready and willing to marry the
defendant; that he had not due notice that the plaintiff
was ready to marry him; that a reasonable time had not
elapsed when he was required to marry; and that the
plaintiff absolved him from the promise.
Mr. COCKBURN, in stating the case to the jury, said
the plaintiff complained of the defendant, and brought
this action to recover compensation in damages for the
breach, on his part, of one of the most important and
solemn engagements that any individual could enter
into. It had been said with truth that this was
one of a class of cases which might differ in the
most extreme degree; which might be of the most
aggravated character, and embrace circumstances of great
mitigation, which might seriously tend to diminish the
wrong of which the party complained, and the redress
to which the party was entitled. He felt that he was
justified in stating that this case was one of the most
aggravated nature. In the whole course of his expe-
rience he had never heard of a case of so aggravated a
character, and when he had stated the facts he was sure
they would sanction his statement. The plaintiff was a
young lady about thirty years of age, the daughter of a
highly respectable farmer residing in the north of
Ireland. The defendant was a surgeon in the navy, at
the present moment serving on board her Majesty's ship
Spartan, now on foreign service ; he was also a native
of Ireland. So far back as 1839 the mother of Miss
Harvey was taken ill of a fever, of which she died. The
defendant was residing in the neighbourhood. He was
connected by marriage with the plaintiff, and from that
circumstance: an acquaintance existed between them.
The defendant conceived a passion and attachment for
Miss Harvey, who was the eldest of the daughters, and
paid his addresses to her. This went on till 1841. He
then manifested some falling off in his attentions, and
paid them to another young woman, but in 1842 he re-
newed his attentions, and a correspondence took place;
and it was necessary to remind the jury, that the imagina-
tion of parties in the sister kingdom was more warm
than was to be found in persons living in this country.
The Learned Counsel then read an immense number of
letters written by the defendant to the plaintiff, of which
we have only room for some extracts:—
" All I want now to complete my happiness is my own
sweet Jeannie. 0 ! but I seriously feel the want of my Jeannie,
when I see others enjoying the sweets of their better halves.
0! Jeannie, it was my chief desire, even long before the
bathing season set in, to have the pleasure of your society
here a few weeks, or some such place. I had a dream con-
cerning you last night. Miserable Tommy
" The last links are broken which bound me to thee (No,no!)
And the words thou hast spoken have rendered me free,
That bright glance misleading, on others may shine (No!),
Those eyes smiled unheeding when tears burst from mine;
If my love was deemed boldness, that error is o'er,
I have witnessed thy coldness, and prize thee no more.
Oh I have not loved lightly, I'll think on thee yet (Yes, yes !),
And pray for thee nightly till life's sun hath set. (True, true,
[true, I hope.)
"Tommy, being thus overwhelmed with grief and sorrow
that Jeanie has thus estranged herself from him, she speaks
to Tommy as follow :
" When thy bosom heaves the sigh,
When the tear o'erflows thine eye,
May sweet hope afford relief,
Cheer thy heart and calm thy grief.'
"How can it be cheered when absent from Jeanie?"
"Oh, my Jeannie, I did not see you this morning, and I
dread the cause of your non-appearance. Oh, Jeannie, have
you so little confidence in your own Tommy ? Oh that we
were united, that there might be an end to your doubts and
fears. Oh, my Jeannie, do not doubt the sincerity of my
affection, for indeed and in truth I prize my beloved Jeannie
above all the world. Oh do not doubt my love. Oh, it is
only too great, it is sinful—it is stronger than death.
" TOMMY TO HIS BEST BELOVED JEANNIE.
" Come, rest in this bosom, my own stricken deer,
Tho' thy friends have fled from thee thy home is still here;
Here still is the smile that no cloud can o'ercast,
And my heart and my hand all thy own to the last (true).
Oh, what was love made for if 'tis not the same
Thro' joy and thro' torments, thro' glory and shame.
I know not, I ask not, if guilt's in that heart (oh, no!)
I but know that I love thee, whatever thou art (I do most
Thoutruly) hast call'd me thy angel in moments of bliss,
And thy angel I'll be 'mid the horrors of this.
Through the furnace unshrinking thy steps to pursue,
And shield thee and serve thee, or perish there too.
" Oh. my beloved Jeannie; how tan I part from my be..
loved Jeannie—my love—my love—my love—my love and
delight.
"It is, my beloved, quite plain that my heart yearns to be
with my heart's delight. Oh beloved, beloved Jeannie,
what will become of your own Tommy ? Alas, poor Tommy ;
his heart will certainly break. Oh, Jeannie, do not stay
long away if you go, my love—my dove—my beloved.
Thursday, 7 afternoon.—Saw my only beloved Jeannie.
Did. ever any ...atnr._ love as I do? surely not. Oh, my
Jeannie, I fear we must be separated. I believe there is
nothing else for it.
" No, never shall I break the solemn promise I have made,
I'll keep it, though the world may frown and many will
upbraid.
" I shall be faithful unto death. The Lord has seen that
we idolised and worshipped each other, and neglected him;
therefore it seems to be his will that we should be parted.
How often does God snatch away the darling of our heart
when we set our affections too much on the object of our
love. If it had been the Lord's will that we should have
been joined by the ties of wedlock, how Jeannie would have
shone in her own house. But alas! it seems it is not to be,
at least with her Tommy."
Miss Harvey's father having married again, and as she
perceived there would be a difficulty in procuring the
consent of the defendant's friends to the match, and
having a brother residing at Toronto in Canada, she and
her sister, considering that they might establish them•
selves in business, then determined to go to Canada, and
they sailed on the 17th June, 1844. Still the defendant
continued to keep up the correspondence, and the follow-
ing are some of the extracts from hls letters:—
" Sept. 25, 1844.—Beloved, although you are now in
a far distant land, still I have the strong hope that you
may still be mine. August 25—Dreamed of having my
Jeannie in my arms ; distance makes no change in your
come, and you will see
disappointed ; come and console
that Tommy's
you will affections.
not
be Odhisacp come
your broken-hearted Tommy. I dreamed you had been
home ; I met you and implanted a long kiss on your
sweet ruby lips ; neither did my Jeannie refuse me. I
am aware, beloved, you have experienced the danger of
the sea, but I have the confidence you would undergo
twice as much danger for the sake of your Tommy ; and
again, speaking of your faithfulness to your Tommy, call
to my mind how you refused entering into plays at Mrs.
Sproule's less you should be obliged to kiss any one but
your Tommy. Saturday, September 28—I was at our
poor mother's tomb today renewing your dear initials
with a nail. September 24--I dreamed I saw our late
mother ; she looked better than ever I saw her. She
appeared to be in a perspiration, and held an infant at her
heart. Beloved, let me know if you are perfectly willing
to come home to your Tommy- Oh, come and be a com
fort to your own Tommy. Beloved, lam sacrificing all
the young ladies of this place for my Jeannie's sake.
Beloved, please to write to me often. Do not consider
the postage expense. Come to me, come to me, and you
shall be mine. Dec. 31, 1844.—Ah, beloved, how the
tears ran down your Tommy's cheeks when he spied the
tea things in a drawer which Jeannie was wont to handle
so adroitly in company with her Tommy. The Lord in
mercy pardon our sin in thus idolizing each other. My
mamma knows of my sending you this, and has no ob-
jection to my writing to you. Many a sigh has escaped
from my bosom since you left. One day I was sighing
deeply; she said, if we had known you had loved her
so dearly it was a hardship to let her go.' Beloved, I
think they had the idea that it was you that was after
me, and that I did not care so much about you. I write
on all the covers of newspapers, and also mostly on
their blank margins. May 27, 1845.—My dearly be-
loved Jeannie--shall I say, my spouse. Now, beloved,
a gleam of hope arises in my hitherto disconsolate
bosom; praise be to the Lord that if there be sorrow in
the night joy cometh in the morning. Certainly, sell off
what goods you have on hand: Now, you have nothing
to fear on your arrival; we will have our union consum-
mated as speedily as possible after your arrival. You
will very dearly have bought your Tommy when you
get Mai."
On the 31st of May, 1845, the defendant
wrote the fol-
lowing letter to Miss in milk Harve)uponl a newspaper,
Harvey
which when held to the fire becameib leg
w send fo
" Beloved,—My friends' order is no
beloved Ir cher if
annot
you cannot live without her. Now,
Oh, no, I must
possibly live without you and be happy.
some to me, you shall
have you now. Beloved, c
disappointed; no delay on your arrival, it will be done as
my friends will
soon as possible, let nothing prevent you;
ss an to
er
not stand in the way of your happme. y. g
therefore, do not fear aisappoint
ment it verily shall
a on your arrival.
not he—you shall most certainly be mine on
April, you
Beloved, in your last letter of the
.17t
you should lose
pro-
mised to come home if I thought it right
the rent of the house, viz., 351. Now, beloved, keep good
does not
your promise, and come home, your Tommy
hesitate one moment to say to you come home and be
his; what signifies the loss of 351. to the loss of my Jean?
arrival,
There will be no obstacle in the way on your arri
Do not fear, Lilly
take your Tommy's word for that.
f
will be provided for, we will not see her destitute
iir
want of a home; she will have a shareeof ours till we see
what can be done for her. Now, beloved,
come to your
Tommy if you have any regard for hishappiness, and
may the Lord put it into your heart to come; God bless
you and send you safe; you alone have your poor
Tommy's heart; now, be sure to come, make no delay,
you shall assuredly be mine. Anything that you have
that you think will pay carriage and be useful to us,
bring with you—such as feather-beds. Now, in God's”
name, do not disappoint your own Tommy. Adieu!"
Upon the receipt of the newspaper, stating that his
friends consented to the union, Miss Harvey packed up
her all, left Canada, and arrived in Ireland on the 9th of
September, and on the following day Miss Harvey's bro-
ther wrote to the defendant and asked him to visit her;
but, the man who had been writing these letters, who
had induced this young woman to give up everything to
quit her quiet home, to cross the sea, and to return to
Ireland upon the sacred promise that he would make her
his wife, never after this took the slightest notice of her.
Mr. Bates, a friend of the plaintiff's family, on the 25th
of September, 1845, wrote the following letter to the de-
fendant:—
" Sir,—Tho relatives of Miss Harvey have lead before

OXFORD ClRCUlT.—Worcester, July 16.
CROWN COURT.—(Before Mr. Justrice COLERIDGE.)
Thomas Bill was indicted for burglary.
Mr. Sergeant Allen and Mr. Selfe conducted the pro-
secution ; and Mr. Huddlestone the defence.
On the night of the 23d of February last the offices
of Messrs. Oldker, Woodward, and Ball, awrneys, at
Pershore, in this county, were broken open, the private
drawers of Mr. Ball ransacked, and a quantity of trin-
kets and jeweller), and thirty railway shares abstracted.
Till the 19th of March no clue whatever was discovered
as to the perpetrators of the robbery. On that day Mr.
Ball received an envelope enclosing the railway scrip.
with the words " You robbers," written on one of the
scrip ; and " You rogues and robbers," on the inside of
the envelope. Mr. Ball at once recognised the writing
as that of the prisoner, To make sure that he was not
mistaken he showed it to one of the clerks, without
saying anything of the circumstances under which he
received it ; the clerk, too, at once pronounced it to
be the writing of the prisoner. It was shown
in the same manner to three or four other
persons, who all unhesitatingly declared it to be
the prisoner's writing. The prisoner was a leather-
cutter and currier, in a respectable way of business,
at Upton-on-Severn, and had formerly been a client of
the prosecutors, and in that capacity had been frequently
in Mr. Ball's private room at the office, and knew where
he kept his money and valuable securities; and, in short,
had an opportunity of becoming acquainted with all the
internal arrangements of the office. The prosecutors
subsequently brought an action against him, and levied
an execution upon him. For some irregularity con-
nected with the mode of making the levy, the defendant
brought an action against the sheriff, and recovered 1871.
damages and costs. In consequence of these circum-
stances, the defendant had ceased for some time to em-
ploy the prosecutors as his advisers. Suspicion having
been fixed upon him, a search warrant was obtained, and
he was taken into custody. No part of the lost property
was found. On the constable asking him for his keys
he produced a bunch of six. These were common keys,
and opened his own drawers, and he produced them
without any attempt at concealment, but there was this
remarkable circumstance connected with them :—Of the
drawers that were ransacked several had been broken.
One was opened without violence, as with a key, and
another was forced open with the bolt halfway down.
Not one of the prisoner's keys would open the drawers
that had been broken. One would open quite easily the
one that had been opened, and another would force the
bolt of the other lock just so far only as it was found to
have been forced. It further appeared that the address
on the envelope was in a different hand from the writing
inside and en the scrip, and that the letter was posted in
Worcester on the Bth of March, and it was proved
that the prisoner and his son, who is an apprentice to a
surgeon, were together in Worcester on that day, and
that the address on the envelope was in the handwriting
of the son.

Mr. HErDD LESTO NE, having addressed the jury for the
prisoner, contended that the case was scarcely one of
suspicion, and called witnesses to character.
His LORDSHIP summed up strongly in support of a
conviction, but
The jury, without many minutes' hesitation, returned
a verdict of Not Guilty.
Hercules Lovell Blewitt was indicted for the murder
of his wife, at Dudley, on the 9th of June last.
Mr. Huddlestone and Mr. Hill appeared for the pro-
secution, and Mr. H. Cooke for the prisoner.
It appeared that the prisoner, who was a travelling
tinker, had lived for some time on very bad terms with
his wife, constantly abusing and ill-treating her, and
cohabiting with another woman. On the day in ques-
tion he was more than usually disposed to ill-treat her.
He had abused her repeatedly in the course of the day,
and struck her, and she was so much in dread of him
that she ran out of the lodgings which they hid in Wol-