The Sun.
London, England, 1841-07-22 00:00:00

TIRE.SU.I'I LONDON, THURSDAY-, JULY 21 1841:

talons from the columns of. thV every journals which are
now most eloquent in praise of the proximate Premier
and his supposed colleagues. The Herald, the Stand-
ard, the Times, with a long train of minor authorities;
have placed upon record their deliberate judgment WI
the personal and political merits of Sir R. Peel and
his associates. The fulsome laudations of their princi-
ples and talents, in which they now indulge, may be as
worthless as the condemnation they recently pronounced.
They will, however, serve to show the integrity of the
Tory organs ; and exemplify the boasted unanimity of
the, party which is to bear down opposition by the
strength which is derived from perfect agreement on all
questions of state policy ! As, however, there can be
no doubt that Sir B. Peel will occupy a prominent post
in • the Government—whether that of Premier, is more
than doubtful—we may safely exhibit the estimate in
which he is held by his evidently reluctant supporters ;
and ask, if these do not conceal that their adoption of
him as their leader is constrained, and not cordial,
whether those who are avowedly opposed to his policy
and rule are not more than justified in protesting against
and resisting both ?

COURIER.—Some doubts have prevailed till now re-
specting the Speakership, when there ought to be none.
We are not unwilling to acknowledge that Mr. Shaw
Lefevre agreeably disappointed our expectations by the
respectable manner in which, a strong party-man as he
is, he fulfilled the duties of that station in the late Par-
liament. But there are not wanting many Members in the
Conservative ranks equally able, more versed even in par=
liarnentary lore, and better entitled by opinions to preside
over an assembly to the majority of which the political
principles of Mr. Lefevre are distasteful. Let him rest
content ; he is only too fortunate in having been allowed
again to misrepresent south Hampshire. Sir Eardley
Wilmot, Bart., the Conservative Member for North War-
wickshire, it is now confidently stated, will be the Speaker
of the new Parliament. The re-election of Mr. Shaw
Lefevre was never for an instant thought of by the
Conservatives, who are quite aware that any such step
would be taken as a proof of weakness and disunion in
their party. So soon as Mr. Goulburn had decided to
accept the Home Department, it was arranged that Sir
Eardley Wilmot should be elected to the Speakership,
The Conservative leader is just as likely to second the
Address to be moved by Lord John Russell as to consent
to the re-election of Mr. Lefevre, the Radical Member
for South Hants. -

STANDARD.—As nothing more has been learned of
the•single remaining election (that for Wexford county),
the account of returns must stand as yesterday—viz.,
according to the Ministerial calculation, a majority
of eighty—as we calculate, a majority of more than ninety
for the Conservative party. The difference between these
calculations is of little moment as regards the main re-
sult, and it is easily accounted for. The Ministerial cal-
culation claims as belonging to the Whig-Radical party
all who have ever voted with that party during the last
year or two—claims also all who, not having been in
the last Parliament, received Whig-Radical support
upon the hustings. Experience, however, proves the fal•
lacy of such calculation. There always have been men
in Parliament who, from conscientious or other motives,
support a Ministry as long as it possesses the confidence
of the Sovereign, and of an independent majority in
Parliament, even while they occasionally oppose Mi-
nisterial measures. The effect of the Reform Bill, and
perhaps the heated temper of parties in our time,
may cause the number of such mm to be less than fo -
naerly ; but the differenco between the majorities upon
the Irish Registration Bill and Lord Sandon's
resclution on one side, and the decisive vote of want
of confidence on the other, prove that some of them,
even to the number of twenty or thirty, were to be
found in the last House of Commons ; we think that
the late eleCtion in Great Britain, which, notwithstand-
ing the benevolent efforts of the Ministers, presented
on the whole less of acrimony than almost any elec.!
tions we can remember, must have increased the num-
ber. As to the Irish elections, they indeed supply no
recruits to the excessively moderate or neutral section ;
but beside the gain of eight already secured to the
Conservative party, there must be a large gleaning to be
obtained by petitions. It is impossible that the returns
from Cork county, Kerry, Clare, Longford, Louth,
and Tipperary, can be permitted to stand. These
returns have been made by the most daring and the
most atrocious violence. We. have already mentioned,
on the authority of the Corh Constitution, seventeen
inquests,. held in the single county of Tipperary ;.
and we see by a proclamation in the official Gazette
of .Dublin, that at Clare the Conservative candidate
was grievously assaulted in his own person, and one of
his friends actually murdered by his side. Similar scenes
occurred at Longford, and all the other places we have
named. At Louth 57 electors made oath that they dared
not, without extreme peril of their lives, even approach
the county town. Now it cannot be pretended that fair
elections, or any elections, have been made where such
terror prevailed.

MONEY MARKET and CITY NEWS.
• FROM THE MORNING TAPERS OF YESTERDAY.
TIM ES. —The premium on gold at Paris is 7i per mine, which
at the English Mint price of 3/. 17s. lOid. per ounce for standard
gold, gives an exchange of 25.- 33, and the exchange at
Paris on London at short being 25. 42k, it follows that gold
is 0.38 per cent. dearer in London than in Paris.
By advices from Hamburgh the price of gold is 429 per
mark, which, at the English Mint price of 3/. 17s. 101/2d. per
ounce for standard gold, gives an exchange of 13. 7, and the
exchange at Hamburgh on London at short being 13. 7i, it
follows that gold is 0.12 per cent. Atearer in London than in
Hamburgh.
The c mrse of exchange at New York on London is 109.1
per cent., and the par of exchange between England and
America being 109 23-40 per cent., it follows that the ex-
change is 0.82 per cent. against England. But the quoted
exchange at New York being for bills at 60 days' sight, the
interest must.be deducted from the above difference.
Some curiosity has been expressed in the City as to the deal-
ings of the fraternity who have so recently founded a minor
Stock Exchange, and the sort of securities in which their busi..
ness is transacted, such curiosity chiefly arising from the
anxiety felt by one-half of the world to know how the other
half lives. The securities, it seems, consist partly of such as
have been excluded from the regular markets by their utter
worthlessness, and partly such as have only a nominal exist-
ence, a state of being which, to the uniuitiate, will be rather
difficult to comprehend, but which may easily be explained.
Fur instance, a speculator, who is about to appear as a
" bu 1" in the market, may search over an old file of
newspapers for some project of a Company that has long
been exploded, and when he has found ~ne with a name
to his liking, may rush into the market, and loudly
declare that he is a buyer of some of the shares. There
are probably no such shares in existence, but the attempt to
buy makes an impression, the market becomes excited, and
at last another speculator is found who is willing to make a
pri!,e for the imaginary security, and thus a complete• time-
bargain for nothing is struck, the difference to be settled on the
usual ^ettling-day. The letters issued by railway and other
companies in answer to applicants for, shares, are another source
of business, and these letters, containing appropriations,
pass. from hand to hand as legitimate securities, and
it must be admitted that these are the most valuable
commodities dealt in by the " shut out." Among the
stocks that have an existence, but are driven into this
market through being repudiated by the Stock Exchange,
Poyais Bonds are occasionally bought and sold. The fluctua-
tions. in this market, as far as can be ascertained in the
absence of an official list, generally range from about
Id. to 3d. per share or bond, and it is thought that
a retrograde movement of a whole sixpence in a day would
probably ?roduee a panic, if not in some instances a ruinous
"bull" accbunt, that is, when accommodation could not be pro.
cured by means of a document familiarly known as an I O.U.
The in acute of the Stock Exchange is imitated in full detail,
and some of the more cautious of the operators are no strangers
to the refinements of "puts" and " calls, and thus guard them-
selves from the consequences of any undue pressure. Of some
of the operators carious anecdotes are told. One, for instance,
is said to have carried the whole of his disposable capital in his
right hand pocket, while the left hand pocket was specially ap-
propriated to the gains of th., day, and his hat contained his
collection of marketable securities. Now these minor dealers
have formed themselves into a regular body, their greatest
caution will be exercised in keeping out persons of too great
opulence, since these, by buying up the marketable
securities, and withstanding a panic, might eventu-
ally. . interrupt the ordinary course of business, and
destroy all chance of profit by his more humble brethren, who
rely solely on continual fluctuation. Thus, while other bodies
generally require a guarantee that persons claiming to be ad-
mitted are of weight and responsibility, this fraternity must
require a guarantee equally strong that a new member shall riot
be in too prosperous a condition; while with re.pect to those
wins are already recognised, it is doubtful whether, on their be-
coming too rich, it will not be advisable to have recourse to
immediate expulsion. It is apprehended, however, that now
they have established themselves in a regular place of meeting,
their transactions will be confined to dealings with each other,
and.that they are not open to offers by strangers, as they were
when stationed in the places from which they took their name
of " Alley-men." The members of the Stock Exchange ex-
press no dissatisfaction at the new formation, since, while their
business-entrances were formerly blocked up by these loungers,
they have now free ingress and egress.
HERALD.--The failUre of the eminent banking firm of
Geymuller and Co., of Vienna, the news of which appeared in
the foreign department of yesterday's Herald, is calculated to
work very extensive mischief, direct and indirectly, throughout
the whole of Germany, if nowhere else. may indeed be
classed perhaps as a bank purely German in its dealings.
Following so closely on the heels of the similar insolvency of
Steiner and Co., another considerable firm of the same capital,
it may be taken as evidence of some deeply-seated derange-
ment of the Money Market, the more special or immediate
causes of which can yet be matter of little more than surmise.
But there need be no hesitation in stating that the real and
substantial causes may be found -n that frenzy of over-specu-
lating and over-trading, which within these last four or five
years, has successively invaded and convulsed the United
States, Great Britain and France, from whence since the con-
tagion has extended to and over Central Germany, Prussia
and Austria.
A great part of Germany and Austria have been inundated
with pieces of paper, called Shires, which now represent little
or no value at all. In the meantime the Bank of Vienna as
well as other banks or capitalists began to take the alarm, and
curtail credits and discounts. With credit money became
scarce, and specie or bullion was hoarded. Hence the failures
of Geymuller and Co. mad Steiner and Co., which, anxiously
deprecating alarm nevertheless, it is still necessary, from re-
gard to truth, to say are likely to be followed by many more,
before the evil has run out its course and money and commer-
cial affairs shall be restored to a healthy action.

ST. KATHARINE'S DOCK COMPANY.—The
half yearly general meeting of the Proprietors of this Company
was held on Tuesday, at the mock-house, Tower-hill, the De-
Puty-Chairman in the chair•. The result of the business car-
ried on during the six months ending the 30th June, was, under
all circumstances, highly satisfactory, and quite as favourable
as could have been anticipated, inasmuch as the increase in the
arrivals of shipping, compared with the returns of the corre-
sponding period of 1840, amounted to forty-five vessels, and
9,562 tons. The great decrease was as regarded Spain,
the decline being seven vessels, but whose united tonnage
was only 992 tons. The chief increase in the arrivals, dur-
in; the past six months, had been from South. America.
Tue proprietors had the more reason to be satisfied with the
general result of the business of their docks, inasmuch as taking
the returns for the whole port of London, there was shown to
be a decrease of 191 ships and 13,043 tons, which fell, how-
ever, entirely upon foreign vessels, for the British vessels en-
tered had increased in number by 73 or 23,250 tons, during
the months ending the sth July, 1841, as compared with the
corresponding period of last year. Taking the port of London
altogether, the arrivals in the six months ending the sth Jnly,
were 1,910 British vessels of 397,000 tons, and 730 foreign of ;
41,700 tons, or altogether 2,640 ships of 508,700 tons.

LAW INTELLIGENCE.

VICE-CHANCELLOR'S COURT, July 21.

ELDERTON V. PETERS.
Mr. WIGRAM, Q. C., was heard on the part of the plaintif in
this cause on a motion.

COURT OF BANKRUPTCY, July 21.
(Before Mr. Commissioner FONBLANQUE.)
' IN THE MATTER OF SELDEN AND MAN.

This day being appointed for the adjourned examina-
tion of the bankrupts who carried on business as wine
merchants, in Tower-street,
•Mr. rot,Locx, on the part of the creditors of the
estate, made an application that the Court would cause
the. examination of the bankrupt man, relative to the
non-production of certain books, the disposition of which
had not been satisfactorily accounted for. These books
were of the utmost importanee to enable the assignees
to close the bankrupt's accounts, being bill, stock, and
cellar books, and'itfan-having had various dealings since
the issuing of- the fiat there weTe-ith means of tracing the
disposal of the stock. He trusted, therefore, that the
Court would adjourn the examination for a time.

Mr. KEANE appeared for Man, and said he had given
up the whole of his property for the benefit of his cre-
ditors. All the books in his possession at the time of
the dissolution of partnership had also been surrendered,
and, there could be no objection, therefore, to his passing
his final examination.

The bankrupt being called and examined, said that in
February. 1840, an execution was put into his premises
by the Sheriffs, and at the same time a distress for rent,
when the books alluded to were safe in the counting-
house. Having occasion to be absent for about fourteen
days, on his return they could not be found. They
might have been taken by the Sheriff, but he could not
assert positively that such was the fact. He had occa-
sionally, within the last twelve months, sold some wines
for 225. a dozen.

The bankrupt was here subjected to a long cross•
examination relative to the disposal of this wine by Mr.
PoLLocx, who said the first cost was 365. and 38s. a

dozen.

Mr. Commissioner FONBLANQUE said that until the
bankrupt would replace the books for the purposes of the
accounts by such other documents as were within his
power, he could not think of passing him, as in the
greater number of cases the loss of books was tanta-
mount to the loss of money. He should, therefore, ad-
journ the further examination to the 2d of August, by
which time he trusted, through the exertions of Mr. Man,
the Accountant would be enabled in some degree to sup-
ply the deficiency of the loss complained of.
Mr. LoyD, on the part of the other bankrupt, Selden,
said although the preceding investigation was adjourned,
he hoped there was no objection to his client being
passed, as the partnership ceased in September, and he
had given such notice to all the creditors to whom he
was indebted, as enabled the accounts to be satisfactorily
settled.

Ur. Com Missioner FONBLANQUE (as We understood),
said he wished that Mr. Selden should first give every
assistance in his power in elucidating any difficulties or
obscurity there might be in the accounts of the firm.

ASSIZE INTELLIGENCE.
HOME ClRCUlT.—Chelmsford, July 20.
The Commission for the county of Essex was opened yes-
terday, with the usual formalities, and this morning both
Courts proceeded to business.
CROWN COURT.
(Lord Chief Justice TINDAL sat in this Court.)
The calendar contains the names of twenty-nine prisoners,
and some of the charges are of a very serious character, and
comprise highway robbery with violence, burglary with vio •
lence, maliciously cutting and wounding, criminal assaults,
&c. Of this number of prisoners only one can read and write,
nine do so impeafectly, eight are able to read imperfectly, and
eleven can neither read or write.
CIVIL SlDE.—(Before Mr. Sergeant TAnDY.)
RUSSELL V GARDNER.
This was an action upon a bond for 4,0001., given by the
defendant to the plaintiff, and a person named Philipson, with
certain conditions annexed thereto, which, having failed to per-
form, the present action was brought to recover the amount.
Mr. Petersdorff was for the plaintiff, and Mr. Platt and Mr.
Peacock for the defendant.
The bond was put in, and the defendant's signature proved,
and this closed the case for the plaintiff.
Mr. PLATT submitted to the Court that the plaintiff must
be nonsuited. In the bond it appeared that the money had
been advanced by John Philipson; but in the record before the
Court the name of Joseph had been substituted. He contended
that this important variance was fatal to the plaintiff's case, and
that he must be nonsuited.
Mr. Serjeant Tanire expressed his concurrence in the view
taken by the learned counsel.
The plaintiff was then nonsuited.
The cause list is heavy, and a special jury case relative to
tythe., in which Sir Wm. Follett is specially retained, is fixed
for this morning, and is expected, if it goes through, to last for
two days, and the business of the assizes is not ltkely to be
nished before Friday evening.
HOME CIRCUIT, Chelmsford, July 21.
• CROWN COURT.
(Before Lord Chief Justice TINDAL.)
James Smith, aged 49, was indicted for stealing three
sheep, the property of John Finch.
Mr. Knox' conducted the prosecution ; Mr. Chambers
defended the' prisoner.
It appeared from the evidence that the prisoner and
another man, of the name of Charles Wilson, were ob-
served between one and two o'clock on the morning of
Sunday, the 14th instant, in a field adjoining the prose-
cutor's premises. They had with them two lurcher dogs.
'rho dogs had driven three sheep from the prosecutor's
field, and had very much worried and wounded them,
and they were afterwards found in a very disabled, state.
The chief question for the consideration of the Jury was
whether the 'prisoner's intention, by allowing the dogs
to hunt out the sheep in question, was to steal them.
In behalf of the prisoner Mr. Chambers contended
there was no pretence whatever for charging him with
any felonious intention. He might be liable to a civil
action if it could be shown that the prisoner was aware
that the lurchers were in the habit of worrying sheep.
With respect to the second count, the Learned Counsel
submitted• that it was not such a wounding of cattle as
was contemplated by the 7th and Bth George IV., cap.
30, and cited the case of Rex v. Hughes, 2 C. and P. 420,
in which it had been held by Mr. Baron Parke, that
where a person had set a dog to worry and kill sheep,
it did not come within the meaning of the statute.
The Learned JUDGE left the Jury to decide whether
they believed the prisoner intended to steal the sheep.
The Jury, after a short consultation, acquitted the
prisoner.
The Learned JUDGE said he thought the verdict was
a safe one.
John Thomas Goodman, aged 26, a labourer, employed
on the Northern and Eastern Counties Railway, was in-
dicted for having assaulted, on the Queen's highway,
Sarah Jones, and sthlen from her two handkerchiefs, her
property ; he was also charged with having wilfully
stabbed, cut, and wounded, the prosecutrix, after the
commission of the said robbery.
Mr. Wordsworth conducted the prosecution; Mr. Dow-
ling defended.
The proseoutrix, who was so extremely deaf that it
was with the utmost difficulty she could be made to un-
derstand, stated that on the evening of the 14th of June,
she met the prisoner at Brentwood. He spoke to her,
and she Went into the Bell public-house, in order to get
rid of him. He followed her in, and sat with her for
some time,• and then took her into a lane, and on cross-
ing the road put sixpence in her hand, but she gave it
him back again. The prisoner then threw her down
and committed a rape upon her.
Mr. DOWLING submitted that that point was not in
issue.

The Learned JUDGE said it was a part of the evi
deuce which could not be shut out.

The prosecutrix, in continuation, said, that the pri-
soner, before he left her, pulled a silk handkerchief from
her neck, and took another handkerchief from her hand ;
he then beat • her most severely with his fist about the
head and face, and afterwards pulled a knife from his
pocket, which he thrust into her mouth, and cut her with
it on the inside of her lip ; she screamed, and called out
murder several times.

Cross-examined—Got her living by selling cotton and
lace.

James Parsloe, a police constable, stated that on the
morning in question he received some information
which induced him to go into the back lanes near the
Bell ; he there met a female of the name of Pamphilon,
and a man, who were carrying the prosecutrix in their
arms. She appeared quite, insensible, and her face was
covered with blood. Witness then made some inquiries,
and,went in pursuit of the prisoner, whom he eventually
took into custody. He at that time had changed his
dress, and he asked him what he had done with his blue
smock frock. • He said that it was at home: WitnesS
then went to the prisoner's lodgings, where he found the
blue frock, and wrapped up in it was the prose-
cutrix's cotton handkerchief, and a small dessert
knife. On the following day he examined the
the mouth of the phisecutrix, and. found in it three
wounds. Her face was also very much swollen and
bruised.

Cross-examined—Could not say by what means the
wounds had been inflicted.

Sarah Pamphilon stated that on the evening in ques-
tion, as she returned from her work, she called at the
house of a neighbour in the back lane, and whilst there
heard a great noise. She opened the door, and 'then-
heard. a cry of " Murder " two or three times. She went
up the lane, and saw the prosecutrix lying in a ditch,
. and a man standing-near her. Could not identify the
man, but he appeared to be a navigator. Witness asked
the man what was the matter ? Ile replied " Nothing
much." She said, I think there is something," and he
then replied, " I hit her.. I have been doing nothing
else." The prosecutrix was very much hurt, and blood
was streaming from her mouth. Her clothes were also
much torn. After the prosecutrix had been removed
from the ditch, she (witness) found her (prosecutrix's)
apron; and a man's cotton cap.
Mr. DOWLING then addressed the Jury for the de-:
fence, and _ _

The Learned JUDGE having summed, the jury con-
victed the prisoner of an assault only.
The prisoner was then sentenced to two years' hard
labour. .

James Sheridan, Peter Sheridan, James Smith, John
Smith, Matthew Clonin, and James Clonin, all Irish la-
bourers, were indic!ed for cutting and wounding Abra-
ham Woodhouse, with intent to murder or do him some
grievous bodily harm.
. Mr. IllarAi prosecuted, and Mr. Dowling defended.
It appeared ;from the evidence of a number of wit-
nesses, that, on Sunday evening, the 4th inst., the pri-
soners, with a number of other Irish labourers, who were
employed as, haymakers at Waltham Abbey, assembled
at a public-honSe, and attacked indiscriminately a num-
ber of English labourers, amongst whom was the prose-
cutor. The pii;oners made use of their knives ; the pro-
secutor received a wound of about nine. inches in length
on his left side, and another severe wound in his shoul-
der. Several other.persons received similar injuries.
Mr. Dowuxo addressed the jury on behalf of the pri-
soners.

. Verdict—Guilty of wounding, with intent to do some
grievous bodily harm.
There were other indictments against the prisoners for

wounding other persons, and also for a riot, but the
Learned Judge said it was unnecessary to proceed with
them.

The prisoners were severally sentenced to be impri-
soned and kept to hard labour ibr eix months.
CIVIL SIDE.

(Before Mr. Sergeant TADDY and a Special Jury.)

BLACK AND OTHERS V. FELIOWS OF NEW COLLEGE,

OXFORD.

This was a feigned issue under the Act of Parliament,
to try whether the defendants were entitled to take the
tithes upon certain lands in the parishes of Romford and
Hornchurch in kind, or under a modus.
Sir W. Follett, Mr. Platt, and Mr. Ogle were for the
plaintiffs ; and Mr. Sergeant Channell and Mr. Perceval
for the deendant.
Sir W. FOLLETT said he had the honour to appear on
behalf of the plaintiffs, who were the owners or occu-
piers of certain lands in the parish of Romford, situated
on- the north side of the ancient highway from Romford
to Brentwood, and the question the Jury would be
called upon to decide, was whether they should pay their
tithe upon their hay in kind, at least whether it originally
was liable to that kind of payment, or whether under an
ancient prescriptive right or modus. By the Tithe Commu-
tation Act'the Jury were perhaps aware that the old plan of
payment of tithes was abolished, and a permanent rent-
charge upon the land was substituted in lieu of that
impost ; and the amount of this rent-charge was of
course regulated by the former amount of tithe that
was paid, and it of course was very different in amount
where a modus existed, and where the tithes were taken
in kind. The Tithe Commutation Act was not intended
at all to affect existing interests ; if land was tithe free,
the rent-charge was paid accordingly ; and if there was
a modus it was regulated by the amount paid. From
what, however, had already taken place in this suit, he
could not help thinking that the Wardens of the College
were endeavouring, by the means of the Tithe Commuta-
tion Act, to raise a new property to themselves, and one to
which in his opinion, upon looking at the evidence and
the other circumstances, they had no legal or rightful
claim, and he could only attribute their defence in the
present suit to the circumstance of their acting as a cor-
poration, as they were all well aware that a body of
men would adopt proceedings in defence of any supposed
right which an individual would shrink from attempting.
'He should be enabled to show the Jury that, for a great
many years, no payment in kind for hay had ever been
made, and should be enabled to show by documents ob-
tained from the chest of the College itself that for cen-
turies a custom had existed of paying threepence an
acre for the tithe of hay, and that the College had over
and over again granted leases upon that principle ; and
notwithstandiag all this they had now thought pro-
per to compel the landholders and the occupiers of
this district to come into Court and prove their
legal exemption from the payment of the tithe in
kind. He cheerfully accepted the challenge, and
lie had not the least doubt. that it would be an easy
task for him to satisfy the Jury of the existence of the
right that was set up by his clients. The Learned Coun-
sel then explained that he should by documentary evi-
dence show that for centuries a custom had existed in
this portion of the parish referred to of paying a tithe of
tourpence an acre upon hay land that had not been
ploughed, and threepence for that which had been
ploughed, and he said this principle had always been
acted upon, and although the College might now find it
to be unprofitable to them, they were not therefore to
compel the farmers and the landowners to pay them a
larger amount than they had a legal right to de-
mand. According to the old fiction of law this
modus was declared to have existed from the

time of Richard the First ; but, of course, it was utterly
impossible that evidence should be adduced to.prove that,
and the law, besides, did not require it, for the presump-
tion of law was, that where a prescriptive right was
shown to have existed for a great many years, and within
living memory, extending to that period, that it should

bt taken as having always existed, and the law required
no other evidence ; and, by a recent Act of the Legisla-
ture, it was declared, that when a party had had the en-
joyment and possession of an estate, undisturbedly, for
30 years, that, no title that might be raked up, how-
ever good that title might be, should disturb him
in his possession ; and the same principle would
apply to the present case ; and if he showed them that
the landowners had enjoyed their property upon the
terms referred to for the long period mentioned, no one
had now a right to disturb them. An Act of Parliament
had been passed in 1532, which declared that where the
existence of a modus was proved for thirty years, unless
some contrary evidence, or proof of an arrangement,
was tendered in opposition to it, that it must be held to
establish the right ; and the same Act said, that where
proof of its existence for sixty years was given, that no
evidence could shake it. There were, however, some
exempted cases, and the College probably thought they
came within their scope ; but without reference to that
Act at all, he should contend that he was entitled to their
verdict. He must confess that he was surprised at the
proceedings of the College, for besides the evidence of
the witnesses he should produce in behalf of the plaintiff's
case to speak from their own knowledge as to the exist-
ence of the modus, he should show by documents from
the College muniments that it had existed for centuries,
and had never been questioned till the present time.
The Learned Counsel then read an extract from a lease
granted by the College to Lady Anne Wade in 1625 ; one
of the covenants of which was, that a return should be
made of the boundaries, &c., and also of the customs,
and the mode of paying the tithes on corn and hay, and
to which a return was made that the corn was taken in
kind, but that the hay was by ancient custom paid for at
3d. an acre on land that had been ploughed, and 4d.
where it had not ; and he said that there were
several other similar leases and similar returns, one
of which was dated so far back as the year'ls9s. He
could not conceive how it was possible that the
College, with the knowledge of the existence of such
documents as these, should attempt to oppose the right
that was set up, for he was quite sure that no evidence
they could produce would destroy their effect. The
Learned Counsersaid that his case did not rest entirely
upon the documents he had already referred to, for there
was another very curious document that had been for-
tunately laid hold of dying the proceedings, which like-
wise went to establish:the right. It appeared that in
1659, at the time of the Commonwealth, a Committee
of the House of Commons was appointed, that •was
called the Committee of Plundered Ministers ; and
they were desirous to raise the stipends of the subor-
dinate members of the church, and, among others, to
augment the stipend of the Vicar of Horrichurch, and
they called upon the College to do so. They, however,
were very unwilling to make the proposed increase, and
they sent two of their fellows to London to make interest
in their behalf, and they. applied to the Speaker of the
House of Commons, and also to a celebrated lawyer of
that time named Heneage Finch, who drew up a case
on their behalf, and in. a letter to the College the fel-
' lows said they had engaged the assistance of a cunning
lawyer and a goody speaker ; but that the great
thing was to get a good store of Parliament men
to support them.—(Loud laughter.) In that very case,
so drawn up, the College, as a ground for not paying
the proposed augmentation, said that there was a
" custom' which made the tithes very small, and that
the payment proposed would be more than they were
worth. He was at a loss, under these circumstances, to
imagine what case .the defendants would attempt to set
up, but from some circumstances that had transpired he
believed it would be said that this property was originally
in the hands of ,a Convent of the Monks of Mount St.
Berard, in Savoy, and he believed that some old lease
or other documents would be brought for Ward, and
by the aid of witnesses capable of explaining the
language of the period, an attempt would be made
to show thaLat some time or other the tithe of hay'
had been paid in kind! Even admitting that any proof
of this kind should be adduced, he was prepared to con-
tend that it-could not affect his case, and he should with
confidence leave the matter in the hands of the jury, who,
he was quite sure, would render justice to all parties.
A number of witnesses were then called, and a variety
of documentary evidence was produced in proof ; but
the verdict was not declared when our report was dis
patched, and it was expected that the cause would not be
concluded until to-day.

NORTHERN CIRCUIT—York, July 19.
CROWN SIDE.
(Before Mr. Justice WIGHTIIAN.)
THE MURDER AT KNARESBOROUGH.
The trial of the parties implicated in the Knaresborough
murder having been appointed for this morning, the Court
was crowded to suffocation at an eariy hour, and a considera-
ble portion of the auditory was composed of inhabitants of
Knaresborough, who had travelled hither to be present at the
investigation of a crime which has caused a sensarion une-
quailed probably in that neighbourhood on any similar occasion
since the case of Eugene Aram. The premeditation with which
the crime was committed, the remorseless perseverance in
their object when accident caused ai
postponement of their pur-
pose, the dreadful cruelty with which t was finally completed,
render it a case seldom equalled in atrocity.
At the sitting of the Court, the accused, John Burlinson,
Henry Nuttall, and William Gill, were placed at the bar.
They were, it is said, threadmakers, and for their station in
life presented rather a respec!able appearance. Burlinson did
not seem to display the slightest emotion. The lower part of
his face is very heavy, his forehead deficient, and the whole ex-
pression of his countenance indicative of a low order of intel-
lect. Gill is small in person, and with nothing in his face to
indicate that cruelty of disposition which the evidence proved
him to possess. He also, but for the anxious expression of his
eye, seemed little affected by the awful circumstances in which
he was placed. Nuttall was deeply moved, and throughout
the trial seemed frequently engaged in silent prayer. The
wretched men are all young—Burlinson being 24, Gill 22, and
Nuttall but 19.

Mr. Knowles, assisted by Mr.' Martin, conducted the prose-
cution; Nuttall was defended by Mr. Wilkins; the other pri-
soners by Mr. Newton.
Mr. Knowles succinctly detailed the nature of the evidence
that would be hid before the jury. The witnesses were or-
dered out of Court.

The first witness called was Mary Snow, who resided in a
house at the back of that occupied by the deceased, Joseph
Cocker. He kept a small beer-shop called the White Hart,
close to the market-place of Knaresbcsrough. The kitchen in
which the crime was committed had two windows, one looking
out into the street, and another immediately opposite, but at
some distance from the ground, over the end of the " long
settle," which came out in a form approaching to circular,
from the corner of the fire-place. This V% iridow looked into
the yard of the house occupied by Mr. and Mrs. Snow. From
their house, als,, a window looked into the same yard, and the
back door of the house was very near the window in the house
of the deceased. He was an old man, about fifty-seven years
of age, and lived quite alone, his wife having died some time
before. About twelve o'clock on the 18th of June last, Mrs.
Snow was about making up the house and retiring to bed,
whither her husband bad gone some time before, when her at-
tention was called to the house of the deceased, by hearing a
noise of groaning and beating. She went into the yard, and
found that the noise came apparently from the window of the
house of the deceased. The window was too high for her to
reach without assistance, but by standing on a basket
which was in the dusthole beneath, she was able, through a
crack in the shutter, to see into the kitchen. She did not see
the deceased, but there were three men, one of whom had a
candle in his hand, and a second was placed on the window-sill.
There was blood on !he floor. One of the men said, " Let's
take him to the cellar." The witness immediately ran down a
passage leading from the yard to the front of Cocker's house,

when she found the door was fastened. She shook it and called
out, " Cocker, Cocker, are they murdering you?" but got no rC
ply. She ran back to the yard, and while so doing heard a noise at
the front door as if it were opened, and men were artily pass-
ing out. She again glanced in at the window, and saw Cocker
alone, leaning up against the firc-place, and groaning very much.
She ran to awaken her husband. He came dawn stairs im-
mediately, and both went into the yard. On looking through
the window, she again saw three men, one of whom had a
candle in his hand. Cocker was lying on the floor, two of the
men were lying beside him, and the third was kneeling over
him. Burlinson was the man who held the candle. She saw
him when taken into custody, and at once recognised him.
She and her husband returned to their house for the purpose of
getting a pistol, and in the meantime the door was opened, and
the parties rualasd out.

Henry Snow, the husband of the last witness, identified the
prisoners Burlinson and Gill ; the third person whom he be-
lieved to be Nuttal, was rather concealed from his view by the
persons of the other prisoners. He knew them all before by
sight, and recognised them as residents in Knaresborough,
though he did not know their names. He described them to
the constable. The witness, on the parties leaving the house,
ran after them to the end of Synagogue-lane, and heard some
ps-rsons talking in the lane. One said, " Where shall we go?"
Another said, " Thou knowest we can't get in." The witness
called up Mr. Vickerman, the head of the police, ~nd they
went to Cocker's house. It was all dark, and there was a
candle extinguished on the end of the settle. The deceased
was lying on his face, and the floor was covered with blood,
which was also splashed over the walls and the settle. The old
man was still living, and groaned heavily. A surgeon was sent
for, but before he arrived life had fled. Mr. Vickerman immedi-
ately took active steps for the apprehension of the guilty parties,
and some of the inhabitants were despatched in all directions with
orders to take up any versons who could not give a good account of
themselves. Mr. ickerman himself went in the direction of
Harrogate, but was recalled by the information that the cul-
prits were in custody. He returned and found the three pri-
soners in the hands of the persons who had started in pur-
suit. He examined their clothes (now produced), and found
a great quantity of blood, on those especially of Gill and Bur-
linson. It was quite fresh. The hands of the latter were co-
vered ,with blood. There was blood also upon his face. The
waistbands of Gill's jacket and his hands were stained with
blood. There was no blood on Nuttall's hands, but there was
some on his waistcoat and trousers. He said his nose had
bled. The witness saw Nuttall next morning at his cell. He
said he was innocent, that he never struck the old man. He
had gone out, he said, into the yard, and when he came back
the old man was down. Saw Gill at half-past two, and he said
he did not kill the old man. They had all three, he said, gone
into the house about half-past ten o'clock, and had five pints of
ale. About twelve o'clock they wanted some more, and Cocker
refused. Burlinson took a piece of iron out of his pocket and
struck him en the head. He cried out, " Oh, lads, don't mur-
der me." Somebody came to the door, and they all ran out.
They met afterwards on the bridge. He said he had got the
blood on his clothes by Burlinson striking the old man.
Joseph Dickson stated that he took Gill into custody about
half-past one o'clock by the old cotton-mill crner. Went to
the house of Nuttall's father, but did not find him. Burlinson
he took into custody about twenty yards from Cocker's house.
Eurlinson asked if they had got Nuttall. He asked who had
run him down the back street, and said, if they had run a little
faster, they would have caught the other as well.
From the evidence of the surgeon, it appeared that the vio-
lence which had been used towards the deceased had been of the
most dreadful kind. There was a wound on the back of the
head four inches long, and three inches wide ; a second.on the
right side, nearly severing the ear. They were either of theni
mortal. There were five other wounds, each of which had
fractured the skull. They were produced by some blunt cut-
ting instrument. The claws of a hammer would produce such
wounds. He at first thought they had, been caused by a poker
covered with blood s hich was found lying across the legs of the
deceased, but his opinion was changed on dissection.
Mr. Inchbald, tallow-chandler at Knaresborough, said, the
prisoner Nuttall had been in his employment about five years.
About six weeks before this occurrence he missed a cooper's
adze, and in making search since the murder, he found half
the blade broken off. The other half, which would contain
that part in which the handle would be fitted, was not found.
Witness went into Cocker's house the night before the murder,
and found the prisoners there. They went away soon after he
entered.

Mr. Wood, the coroner, produced the statements of the
prisoners which had been made by them on the inquest, after
the usual caution. Gill said that he had told Mr. Vickerman
ail he knew about it, and that Nuttall and Burlinson had gone
the evening before for the purpose of doing if, but Mr. Inch-
bald came in and put them off. According to the statement
of Burlinson, he alleged they all knew what they were going
to do, and were all one as willing as the other ; that the weapon
belonged to Nuttall; that it was a hammer, and had, after the
murder, been thrown into the Cherry-tree Deeps, in the river
above the bridge. He said Nuttall was the first to bar the
door, but in about two minutes cut out, he thought because
the women came. Gill came back and took the hammer
and struck him three or four times, and then they all
went away. They went out into the fields, but returned at
the suggestion of Nuttall, who said they had better go back.
Nuttall said he was innocent ; that he had gone out into the
yard, and when he came back Cocker was down ; that Burlin-
son called to him to bar the door, and that under his first im-
pulse he did so, but could not stand it, and ran out ; that the
others followed ; that they consulted together, and thought he
was not dead; that they returned, intending to go in and kill
him out; that Gill took the hammer and struck him three or
four times very hard.
Mr. WimuNs addressed the Jury forithe prisoner Nuttall,
contending that all the evidence in the case was consistent
with his own statement, namely he was no participator in the
original intention to murder, and was taken by surprise when
he found himself a spectator of the dreadful scene which had
been enacted in the house of the deceased.

Mr. NEWTON, for the other prisoners, contended that the
crime had probably been committed in the heat of blood arising
in the contest, which commenced by the refusal of the deceased
to give them any more ale ; that one blow had brought on
another, resulting finally in tte death of the unfortunate man,
without any premeditation on the part of the prisoners.
His LORDSHIP summed up. and went in detail through every
portion of the evidence. There was nothing, he said, which
had been proved in the case which would reduce the offence in
law from murder to manslaughter. If they saw anything in
the evidence which they thought would justify them in infer-
ring such circumstances, it was no doubt open to them to give
such a verdict ; but if they did not, it was their buunden duty,
regardless of all consequences, to return a verdict of guilty of
murder.

The Jury retired for a short time, and returned into Court
with a verdict of Guilty of murder against all the prisoners.
His Loitnsittr,:much overcome by his emotions, addressed
a few impressive sentences to the prisoners, and left them,
withottt hope, for execution.
On the Civil side the Court was engaged the whole day in
the trial of a question respecting the right of the Coroners in
the county of York to exercise their office in those parts of the
Duchy of Lancaster which are locally situate within the boun-
dary of the county of York. The question in the present case
respects the honour of Pontefract. The case will probably not
conclude until a late hour to-morrow.

SHIPPING INTELLIGENCE
(LLOYD'S.)

LONDON, JUNE 21.—Wind this day at noon S.W.
DEAL, JULY '2O. Wind S. W.—Arrived the Ledford,
Haynes, from Grenada ; Marquis Huntley, Wright, and United
Kingdom, Quebec. Arrived from the River, the Vendia,
Sierra Leone. Sailed the Mediator, for New York.
RAMSGATE, JULY 20.—Arrived the Jane and Mary Ann,
from London, for Chepstow, with cargo heated; Narcisse,
Stettin, for Rouen.

PORTSMOUTH, JULY 20.—Wind S.W. to W.—lt has
blown a heavy gale all last night; 7 Y.M., more moderate.—
Arrived the Prince Regent, Cornwall, and Abercrombie, Ro-
binson (transports), from Quebec ; Frank, Shields, with loss
of anchor and chain ; Anvil, 'Nunderland, with loss of main-
mast head. The wreck of a brig dismasted and abandoned,
apparently new, name not discernable, was boarded on the
17th Ma), lat. 42, 58, by the Prince Regent (transport),
arrived here.

POOLE, JULY 20.—Arrived the Reaper, Badcock, from
Quebec—slipped anchor and chain in Studland Bay.
OFF THE START, JULY 16. Arrived the Weser, from
Bremen for Rio Janeiro ; Hamburgh, for Bilboa.
OFF DARTMOUTH, JULY 19.—Arrived the Mermaid, from
Antwerp for Corfu; Parga (of Yarmouth), westward. It is
blowing very hard from S. W.
PLYMOUTH, JULY 20.—Wind S.W.—Arrived the Caesar,
from Ostend for Liverpool, with sails split and rudder damaged.
FALMOUTH, JULY 19.—Wind W.N. W. to W. S W., fresh.
—Arrived the Isabella Thompson, Currie, from Constan-
tinople ; Copies, May, Smyrna. Sailed the Braganza steamer,
for Vigo. Arrived off—The Ida, Bosustow, from the Mauri-
tius, sailed April 16; Glaphira, Welsh, St. Kitt's ; Edward
Hayes, Vincent, Laguna; Tribune, Orfeur, Alexandria, and
proceeded to Glo'ster.

PE r. ZA NUE, JULY 19.—Arrived Cork Packet, Cork.
LIVERPOOL, JULY 20.—Wind S.S.E. to S.W.—Arrived
the Tallussee, Chadwick, arid Byron, from New Orleans; Ly-
dia, Petrie, Bahia; Malabar, Quebec ; Novelby, Cape Breton;
Lady of the Lake, Newfoundland; Hampshire, Odessa; Glory,
Muirs, Ancona. Sailed the Connabaha, for Senegal; Sophia,
Genoa ; Circassian, Lima; Villa de Napoli, New York ; Aca-
dia steamer, Halifax: Mearns and Acadia, Quebec. Arrived
the Henry and Abbotsford, from Quebec. The Benin, hence
to Africa, has put back, with loss of foremast, &c.
BRISTOL, JULY 20.—Arrived the Lotus, Sampson, from
Quebec; Hudson, Legget, Smyrna ; Lady of the Isles and
Waterlily, St. Übes.
NEWPORT, JULY 19.—Arrived the Radical and Venture,
from Quebec.

PORT TALBOT, JULY 19.—Arrived the Mentor, Forster,
from Miramiehi, with loss of rudder, having grounded in
Coming in. _

DUBLIN, Jut 18.—Arrived the Victoria, Drummond, from
St. John's, :New Brunswick ; Norna, Hear, ditto: Commer-
cial, Scott, Quebec.

VESSELS SPOKEN WITIL—The Tribune, for Odessa,
7th ult., lat. 36, lon. 26, by the Copia, arrived at Fal-
mouth. Charles, from Alexandria, 20th ult., off Malaga ;
Exile of Brixhain, 28th ult., in the Gut of Gibraltar ;
Atalanta, sth, off St. Übes, by the Hoyle, arrived at
Falmouth. Bagshaw, Mauritius to London, May 30,
lat. 12, lon. 23 W. ; Dove, Newcastle to Rio Janeiro,
9th ult., lat. 1 N., lon. 23 W. ; Caledonia, Sydney to
London, lat. 43, lon. 27 ; Orpheus, London for Jamaica,
18th, off the Lizard, by the Ide, arrived at ditto. Cornish
Diamond, of St. Ives, and Pantaloon, of Yarmouth, from
Alexandria, 27th ult., in the Gut of Gibraltar, by the
Tribune, arrived at ditto. Lady Constable of Liver-
' pool, for Quebec, 17th ult., Cape Clear. E. by S.
40 miles, by the Venture, arrived at Newport.
Crescent, of Guernsey, for Cork, 16th, by the Tyro, ar-
rived at Cork. Caledonia, steamer, steering W. 10th,
lat. 47, lon. 32, by the Prince Regent, arrived at Ports-
mouth. Pilot, Quebec to Southampton, Bth, lat. 46, lon.
42, by the Cornwall, transport, arrived at ditto. Hope, from
Manilla, 17th May, lat. 2 N., lon. 23 W. ; Kelblain, of
Greenock, steering south, 27th, lat. 9, lon. 27, by the
Philantrope, arrived at Bordeaux. Swan, Newfound-
land to Oporto, sth, lat. 42, lon. 11 ; Gondola, of Bel-
fast, 13th, lat. 48, lon. 17, by the William Skinner, ar-
rived in the River. Sophia, Jamaica to London, Ist ult.,
off the Caymans ; Thalia, Bth, lat. 22, lon. 84 ; Quebec
Packet, 4th, lat. 20, lon. 82 ; Skelleftea, Gothenburg to
New York, 24th, lat. 28, lon. 62 ; Apollo (American),
3d inst., ha. 44, lon. 41, by the Kent, arrived off Ply-
mouth.

FIRE AT MARSHALL'S KINEORAMA.—On
Tuesday afternoon this place of amusement ir. Pall mall had
very nearly fallen a sacrifice to fire. The men belonging to the
establishment proceeded, as was usual, to light the gas, the
upper jets being ignited by means of a long stick, to which a
piece of wax taper was attached. By some accident the light
from the taper caught the oiled silk drapery, which forms the
outer portion of the exhibition, and in an instant the whole
front of the framework and canvas was in a blaze. By the
speedy arrival of the engines the fire was soon got under. The
damage was considerable, and Mr. Marshall was uninsured
Some days must necessarily elapse before Mr. Marshall will be
able to re-open the exhibition.

The liuke of Leeds is at the Hague, where
the hawking season has commenced with some spirit, the heron
having been unusually strong on the wing. The new King of
Holland has greatly increased the establishment.