The Sun.
London, England, 1841-12-21 00:00:00

LAW INTELLIGENCE.

S PIRIT of the PUBLIC JOURNALS.

FROM THS EVENING PAPERS OF YESTERDAY.

GLOBE.—Fruud or ignorance are he only
solutions the Spectator can find for our apposi-
i i;Ja to what it calls the " Wakefield-principle,"
in the Somewhat alarming practical shape which
its ingenious framer has now given it! It is
charitably disposed to ascribe as much as it can
to ignorance; .but even ignorance of this saving
knowledge is itself something so deeply culpable
as to furnish no excuse for the daring impiety
of our colonial heresies. In short, there is a
small knot of persons with great talents for
scheming, and self-eulogy, who have been occu-
pied so unweariedly, for a series of years, in prais-
ing themselves and their self-supporting system of
colonisation, that now, when the trial of that sys-
tem has proved that it is not self-supporting,
and when its partisans themselves, by the pen of
their Inventor-in-Chief, make a formal applica-
tion to Government to support their self-sup-
porting system by borrowing money to set it
going, on the security of its future working (a
security belied by every fact of its working in
the past)—the slightest demonstration of resist-
ance to this modest proposal transports them
with such a degree of rage that they lose the
coolness of players at those deep games!—and
throw about charges of fraud and ignorance, as
if there were no fear of awkward retorts! With-
out condescending to such retorts, and leaving
wholly to public judgment the question on which
side anything fraudulent is likely to be found,
as regards these projects—we shall continue our
humble, but (as we see from the Spectator's
anger) not useless, efforts to dispel whatever
ignorance may exist about them amongst general
readers. The Spectator persists in affirming
that we have misrepresented the nature of
the money-borrowing operation which it is
now proposed to devolve on Government—
and to devolve on Government (be it ob-
served) for the purpose of peopling the waste
lands of new colonies. Now it is very hard if
we have misrepresented the nature of this pro-
posed loan, for we have taken the representation
of it from the plain words of Mr. Wakefield him-
self. But we have not misrepresented it; and
we defy the Spectator to show we have done so.
We have, indeed, drawn a conclusion of our own
from what is nowproposed—thatfurther require-
ments would inevitasly be pressed on the Go-
vernment, if once it takes the initiative as a
principal in these operations; and that Govern-
ment, after taking the first step, would find it
difficult or impossible to avoid taking every
future step at the cost of the mother country.
STANDARD.—The fancied divisions in the
Conservative party still serve to keep awake the
kind solicitude of the Opposition. It is a duty of
humanity to calm, when it is in our power to do
so, an anxiety so amiable and so tormenting. In
the first place, then, we beg to assure our Whig-
Radical friends that there is no greater amount
of divisions among Conservatives, than must al-
ways exist among honest men of independent
minds. Such divisions are inevitable, and they
will generally appear greater, or rather most
numerous, in proportion to the magnitude and
honesty of a party; but they are not the divi-
sions which weaken a party, or take from its
unity of character. In the second place, we
would remind our Whig-Radical friends of the
nature of our position, and of our divisions,
which render a diversity of opinion among Con-
servatives a very different thing from what it was
in the late Cabinet. First, of the nature of our
divisions. The subjects of these divisions are
said to be " the Poor-laws, Ireland, and the con-
troversy about Puseyism." These, if we mis-
take not, are subjects upon which Whig-Radi-
cals are at least as much divided as Conserva-
tives can be said to be—a great deal more
divided than Conservatives have ever been.
Upon the subject of the Poor-laws we imagine
that the Radical and Chartist sections of the
opposition have rather a stronger hostility to
the new law than any of the Conservative party
have ever professed—they certainly have shown
their hostility in a more violent manner. But
whatever may have been the difference of opinion
among Conservatives upon the law in question
some years ago, and how much soever they may
still differ upon the merely abstract principle of
the law—a question of speculation, and therefore
a harmless question—we believe that as to its
practical application no difference of opinion re-
mains. We all coincide in the opinion of Sir
Robert Peel, that the law must be administered

witnesses ; and he trusted that when the whole of the
facts were laid before them, the Jury would find a ver-
dict for his client.

John J. Robinson—l am master of the Argus. We
anchored, on the. 27th of January, in Gravesend Reach,
and on the 28th, about noon, got under way. The
Polly got under way just before us. We were beat-
ing up the river, the Polly being more ahead, and rather
on the weather-bow. There was a strong breeze. When
I was in stays, on the north shore, I observed the Ves-
per ; her maintopsail was loose ; she was moving to-
wards us down the reach ; there was no one at the helm.
As we drew near, about a hundred yards off, I saw the
men sheeting the maintopsail home. The Polly passed
a-head of the Vesper. We were on the same tack, and
a little lower down the river. I found the Vesper was
running over the tide about two knots an hour, as we
neareeher. I hailed her to put her helm a starboard ;
and if she had done that, sh•s would have passed under
our stem, and gone clear. I saw a hand run aft, and put
the helm to port. I saw there would be a collision, and
dropt the anchor, and hove the main-yard to the mast.
Their bowsprit went aboard of us abaft the foremast.
There was no hailing from the Vesper. The fluke of
their anchor struck us about four and a half feet below
the water-line. Some of my crew called to them to
lower the anchor down before we struck.
Cross-examined—lt was about noon when we got
under way. I was within half a mile of the Vesper
when I saw her maintopsail loose. I did not hear the
windlass at all, nor see any man at it. I could have
worn the vessel when I hailed the Vesper, but it was not
my business to do so. We had 377 tons of coal on board.
At the distance of 150 yards I might have gone about,
or laid the sails aback. The only thing I heard from the
Captain of the Vesper was a request to haul up our
topsail.

-Thomas Taylor, seaman on board the Argus—When
we were coming towards the Vesper, she was moving,
and her maintopsail was full. We called to her to star-
board her helm, and to lower her anchor down. The
Polly was right a-head of us, and went clear of the
Vesper. There was plenty of time for her to have
lowered her anchor. I heard no hailing from them that
I recollect.
William Smith—l was master of the Polly in January
last. We were a little to windward of the Argus. When
we crossed the Vesper's hawse they were heaving the
anchor up, and the maintopsail Was just loosed. We
cleared their jib boom. If the Vesper had continued in
the same place, from the course the Argus was sailing,
there is no doubt she would have cleared her. If the

...-
Vesper was drifting up with the tide there was the less
likelihood of a collision. If I was in the Argus I would
have held '.n my caurse. I saw the collision, and would
say that the Vesper run into the Argus.
Patrick Belton—l was cook and seaman on board the
Argus in January last. When within two or three
cables length I saw the Vesper's maintopsail full ; the
stock of their anchor was two or three feet above the
water. I should say she was under way going over the
tide, there being a strong breeze. His evidence as to
the collision was similar to that of the previous witnesses.
George Wolner, seaman on board the Argus, heard
his master hail the other vessel to starboard her helm.
The answer was that he would not. The carpenter told
them to lower their anchor, but they did not. His
master hailed the vessel two or three times—nobody
hailed from the Vesper. When the two ships came
together they were sheeting borne the maintopsail of the
Vesper. The Captain of the Vesper was then coming
from the cabin companion with a cloak on his arm.
William Saunderson, carpenter of the Argus, John-
ston, a waterman, who was going down the river at the
time, John Lawrence, a waterman, Joseph Brand, a pilot,
William Read, and Henry Mountford, were all examined
at some length for the purpose of showing that the
Vesper had way upon her down the river—that she should
have starboarded her helm, and by passing under the
stern of the other vessel avoided the accident.

Nathaniel Middleton, one of the Surveyors of Lloyd's,
knew the Vesper. She stood in list El. Her value was
about 1,4001.

in a more Christian manner, and look with grati-
tude and confidence to the determination of the
Premier to keep the Commissioners tightly in
hand by shortening the term of their commission.
COURIER.—At the Manchester Conference,
Mr. Greg, the late Member for that town, is re-
ported to have delivered some extraordinary
facts, if facts they may be accepted, as with un-
doubting mind he evidently entertained them,
for his authority, a respectable foreigner, then
a resident partaking of the hospitalities of his
house, is thus described :—" As the largest
machine-maker and manufacturer in Europe,
he has been visiting every part of the Con-
tinent; he has built mills in almost every part
of Europe, from Naples and Salerno in the south,
up as far as the borders of Russia upon the north ;
he has filled them with machinery; he knows the
rate of wages, the amountand cost of production,
and every thing connected with it; and in the
course of three days I derived a great
deal of information myself; and I have no
doubt the facts are new and interesting to many
present. I have also had a late opportunity of 1
inquiring into the state of the cotton trade in 1
America. This large manufacturer and machine- 1
maker is a Swiss gentleman, well known to many
upon the platform; and is a most intelligent
man, and one who has good opportunities of ob-
taining extensive and accurate information."

George Bailey—l surveyed the Vesper in Dec. 1839.
I thought her value then about 4L 10s. per ton. In two
years she would deteriorate from ss. to 10s. per ton.
Mr. THESIGER addressed the Jury in reply.
Lord DENMAN said the question of whether theplaintiffs
were entitled to recover or not would depend upon their
opinion as to whether the former had used ordinary care
and caution, and that the defendant's vessel had not done
so. The question of damages he would make no observa-
tion upon, as they had heard the evidence given with re-
gard to that
.point. The whole question depended upon
what their opinion was as to the party in fault, and
whether they believed that the plaintiffs' vessel had such
way upon her as would enabled her to have avoided the
accident.

The Jury retired, and after a short consultation, re.

,urned with a verdict for the plaintiff, damages 1,41'5/.

COURT OF COMMON PLEAS, Dec. 20.
;Sittings in London before the LORD CHIEF JUSTICE and
a Special Jury.)
CRAWSHAY V. THOMPSON.

WP re-quest the attention of the working classes
to the dainty picture of operative comforts to be
enjoyed in Austrian factories. " One fact

is - curious as to the comforts of living,
and as showing the cheapness of provisions
which feed the people in his Austrian mills,
which they sell out in messes of ten each

to grown-up persons, and the price of the ten
messes cooked together is four kreutzers a
day, or about 441., little more than a penny
farthing, for which they 'get animal food every
day ; porridge in the morning, hotch-potch
with meat fur dinner, and soup for the evening
meal. They net all this for little more than
lid. a day ; and not only ,L they live on this,
but live in comfort ; so this gentleman said
he wiiuld not wish to live better himself than
his people do." With a rate of living, as here
stated, of" little more than a penny farthing" per
day, or about 71d. per week, and with hours of
work ranging from 16 to 18 hours per day, a
fact which neither Mr. Greg nor his "intelli-
gent" friend by the way condescended upon, we
cease to wonder that Austrian and Saxon work-
men out of two shillings and sixpence a week
wages accumulate fortunes, and, as the veracious

Dr:Bowring assures us, buy land and houses and

become stately proprietors. But, if the "intelli-

gent" Swi tzerspeW truth, what, we ask Mr. Greg,
has the melancholy fact to do with Corn-laws?

Does he, then, does the Anti-Corn-law League,
really contemplate reducing English operatives
to this " botch- potch" dogs' meat dietary by the
abolition of Corn-laws and the grinding down of

wages to the Austrian starvation standard?
Why, if bread and beef were each brought
down to one halfpenny per pound, the weekly
living of a labourer here, on his present
scale of consumption,, and with the enjoyment
of other cu'toinary adjuncts ofhome arid colo-
nial
vegetable products, would still amount
to double the Austrian sum, leaving all beverage
but spring water out of the question altogether.
Why, there is not a dogs' meat man of this me-
tropolis who would contract to find the canine
race at such a rate per head as these miserable
Austrian boors are provisioned for. We most
deeply deplore that so respectable a man as Mr.
Greg confessedly is, and made of far ether and
better stuff than ie Manchester Orator who
raised once on a memorable time a " demon from
the Thames," should lend himself to such outra-
assaults upon common sense, and retail
•
poses.
fte:rtii:s which, if good for anything, go to prove a
vast deal too much for Anti-Cora-litw purposes.

The plaintiffs and the defendants are extensive dealers
in iron, and this action was brought to recover &images
from the defendant for having imitated the mark by
which the iron produced in the plaintiff's works was
usually distinguished.

The case occupied the whole of Friday and Saturday,
and did not conclude until half-past seven o'clock on
Monday evening.
It appeared from the evidence (which had very little
in it of popular interest) that the defendant had, for a
great many years, marked the wrought-iron bars pro-
duced at his works at Merthyr Tydvil with the stamped
impression of an oval, inclosing his initials W. C. His
iron attained a great reputation in Turkey and in Asia
Minor, where also the defendant, Alderman Thompson,
M.P., had a good market for the products of his Welsh
ironworks. The defendant lately, within a few years,
adopted, at the desire of Eastern correspondents, an
oval, inclosing the letters W. 0. ; and it was the plain-
tiff's present case that this device 'was a fraud, contrived
for the purpose of deceiving the Turks and Asiatics into
the belief that they were purchasing Crawshay's metal,
when it was really Thompson's.
A great number of witresses were examined as to
whether it was possible that the resemblance of the marks
could mislead a purchaser, and their opinions were very
contradictory.
The LORD CHIEF JUSTICE, in summing up, told the
Jury it was for them to draw their own conclusions from
that evidence, and from their examination of the stamps
which were produced.

After about an hour's deliberation the Jury found a
verdict for the defendant.

The case for the plaintiff was conducted by the At-
torney-General, with whom were Mr. Crowther and Mr.
Watson. The opposite Counsel were the Solicitor-Gene-
ral, Mr. Sergeant Channel, and Mr. Sergeant Bompas.

COURT OF BANKRUPTCY, Dec. 20.
IN RE ALEXANDER LEVI NEWTON.
The bankrupt in this case, against whom the fiat was
issued in June last, appeared in Court on his adjourned
examination. Ile had been an extensive dealer in dia.
monds, carrying on business in Bury-street, St. Mary Axe,
and his debts and liabilities amounted to betwt en 57,0001
and 60,0001., while the assets were estimated about 20,0001.
The bankrupt underwent a long examination by Mr.
Clarkson, who appeared on behalf of the assignees, rela-
, five to the disposal of a quantity of diamonds and jewel-
lery, which he had pledged with various pawnbrokers
since and previous to the issuing of the fiat, and likewise
respecting certain moneys which he had paid away in
household expenses ; many of which items the Learned
Counsel contended had not been paid, but were put
down pore than once and grossly exaggerated, for the
purpose of making up the amount of 8651, which he
marked down in his balance sheet for the purpose
of squaring his accounts. He also underwent
an examination with respect to the sum of 1,7771., which
he alleged to have been lent by his sister-in-law, and
for which she now sought to claim against the es
t te. It appeared by the examination, that he had
pawned upwards of 6,0001: worth of plate with
Messrs. Gandle and Co. for 3,8001., and Messrs. Glench-
man and Busse of Hamburgh had also taken in plate to
the value of 5,0001., on which they had advanced the
sum of 2,5001. payable by draft at the Hamburgh Bank.
He had also pledged other valuable property, which was
omitted in his accounts.

The LEARNED COMMISSIONER said this was s case
which called for a searching inquiry, and he should
adjourn the case from day to day, as it required that he
should keep the matter full in his memory.

THE MASTER OUTWITTED.—At a plough-
ing match, which recently took place at a village within
six miles of Chesterfield, the following amusing adven-
ture occurred :—A boy asked his master to allow him to
attend it. "Oh, no," said the master, "I have plenty Of
work for you at home ;" upon which the boy went
quietly to work in his master's field. In the course of
a short time the farmer prepared himself to attend the
meeting, but thought it proper, on his way, to call and
THE SOCIETY Or ANTIQUARIES.—on Th i see how the boy was getting on in the field. As he did
the tree_ '
the not plough exactly to his master's satisfaction, the latter
day evening, Mr. Godwin, jun., drew the attention ofutrhSe.
buildings, . dismounted from his nag, threw the bridle over a gate,
Society to the fact, that many stones, both inside and and told the boy he would teach him to plough. He
outside various ancient buildings in England, bead ea
therefore commenced working and talking—supposing
collar mark
Similaror sy mmbaorli
sevidently
dt hoennF'orrekncohr
the boy was behind, paying attention to all that he said,
but on arriving at the other end of the field, to his great
and Mr. Godwin exhibited a series of diagrams, showin • surprise and mortification he found the boy was gone,
Redcl life. at
the similarity which exists between those of the two
countries. Gloucester Cathedral, Furness Abbey, cheet. leaving his master in charge of the animals. There was
nowh other alternative for him but to take them home,
ham's College, Manchester, St. Mary's,
Bristol, St. Pierre, at Poitiers, in France, and the Rade- buse.re he found the boy, in apparent indifference to the
gonde in the same city, were amongst the chief examples, Coiidlnueess. The master severely reprimanded him for his
t, and once more set off to the field of sport. The
The Ambassadors froiu the Courts of Russia, boy,
, joke to the end of
however, again outwitted him, having arrived there
France, Prussia, Austria, and Turkey, and the Consuls before hishw.tisthdal)i,iss
—ploct,tagmhbarn.dd horses, and having
master,meltttor for the prize, which he won. It
of several Foreign States, met at tlic! Council-office yes- started as a c
Le-day morning, shortly after nine o'clock, and remained is expected that the master will not hear the last of the
in deliberation several hours. t ge
lust.,
Journal.
The Kin°. (Frederick William I.) one day , Our Madrid advices, of the Bth lust contain
Kind
stopped a candidate of divinity in the street, and, on . little or no political intelligence of interest." Govern-
learning that he was a native of Berlin, told him that the ment has sent some detaoclnents of troops to various
Berlin people were good for nothing. " That is the rule, points of New Castille to act the robbers who
to be sure," replied the candidate, " but I know two infest the high roads. three aged clergy-
Berlin boys who are exceptions." "And who are they?" men of the Cathedral, includinedotle Dean, had been
"Your Majesty and myself," replied the candidate. arrested, and imprisoned for an iinputed offence in the
The King desired him to call the following day at the nomination of an ecclesiasticalA decree of the
Palace, and, having reason, on further examination, to Regent has been issued for th officer.adm admission of Chilian
be satisfied with him, he immediately gave him a living. vessels into Spanish ports on the same conditions as
—Campbell's Frederick the Great. l i those of neutral Powers.

COURT OF QUEEN'S BENCH, Dec. 20.
(Sittings at Nisi Prius, before Lord DENMAN and a
Special Jury.)
SHEPHERD AND OTHERS V. ---,
Mr. CRESSWELL in continuation from oar After-

noon Edition of yesterday) said—His anchor was
banging at the hawse•hole, and if he did not choose to
take any steps to prevent the accident, he might at least
have lowered down his anchor a few feet—the men being
all reedit at the windlass, and the whole of the mischief
would then have been avoided. He would now call his

POLICE INTELLIGENCE.
GUILDHALL.

Yesterday Inspector Merchant, Of the City Police,
waited upon Sir. Peter Laurie, by order of the. Police
Commissioner, to give some explanation respecting tv:o
offences committed in the Alderman's ward.
Sir PETER LAURIE stated that he had received a letter
from a respectable inhabitant of Noble-street, complain-
ing that his house had been twice burglariously entered
in a fortnight with impunity, and that the police were so
inattentive that property was not half so well watched
now as under the old watch system. Sir Peter wished to
know what information the Inspector had respecting these
robberies.
The Inspector stated that he had been informed of the
circumstances. The premises were not broken open, but
entered by a false key, and no person in the house to
take care of it.
Sir PETER asked how the parties had got away unde-
tected with their booty?—lnspector Merchant said that
on one occasion all that was taken was 30s. in cash, and
in the other a suit of clothes and some cotton balls. The
key enabled the thief to enter in a moment. He beliered
he had a clue to the thief. At these very premises the
person in charge of them left one end of a bar unfastened
on Saturday night.
Sir PETER observed that these robberies were each
committed on •the Sunday. More houses wero broken
into on that day than any other in the week.—The In-
spector said that was because so many houses were left
unprotected then.
Sir PETER said, he understood the feeling of insecu-
rity was such, that in many places the inhabitants em-
ployed private watchmen.—The Inspector replied, that
was the case in the very street of which Sir Peter was
speaking. There was a private watchman, who was never
out of the street during the whole night.
UNION-HALL.
Yesterday Jeremiah Ftnn and Michael Mannich were
brought before Mr. Traill, charged with violently as-
saulting Mr. Henry Hawkins, of Elm-court, Temple, and
two other gentlemen, named Hawke, by whom he was
accompanied, with intent to rob them.
Mr. Hawkins, whose face was disfigured owing to the
violence of the attack made upon him, stated that on
Saturday night, about half-past twelve o'clock, in return-
ing from a friend's house at Camberwell, accompanied
by Mr. Hawke and his brother, they were attacked by
four men. He (Mr. Hawkins) was walking arm-in arm
with his two friends, when, in passing the end of
Bowyer-lane, a gang of five or six men, who were going
in a contrary direction, came upon them, and before he
had time to distinguish the features of any of them he
was struck a violent blow on the bridge of the nose,
which knocked him down into the mud. While he was
lying on the ground two other fellows fell upon him, with
whom he had a severe struggle, during which they beat
him about the body ; and he attributed their not having
robbed him besides to the circumstance of his having his
great coat on, which was buttoned tightly from the neck
down to the lower part of the waist. He felt the hands
of one of his assailants round his waist, as if he was feel-
ing for the pockets wherein he kept either his watch or
his money. During the period occupied by the attack
upon complainant, his two friends were assaulted by
others of the gang, who all ran away down Bowyer-lane
when an alarm was made and the police called for. Mr.
Hawkins added that he subsequently went in pursuit of
his assailants, and succeeded in securing Manuick, who
ran up a court leading out of Bowyer-lane, where he
was found concealed behind a water-butt. The other
prisoner was taken into custody within a short distance
of the spot where the outrage was committed.
In reply to Mr. Traill, the complainant said that he
was walking between his two friends at the time he was
struck, and that they were going quietly along conversing
when he received the blow which felled him to the ground.
After some further evidence was gone into, the priso-
ners were remanded for further examination.
THAMES POLICE.

Yesterday James Reeves, a shipwright, of No. 11,
Randall-street, Poplar, was brought before Mr. Bra-
derip, charged with committing an assault of an aggra-
vated and cowardly description on Sarah Ann Page, a
respectable married woman, residing at No. 5, Lime-
house-causeway.
The complainant stated that she was in Poplar about
eight o'clock in the evening, and the prisoner came up to
her, and in an impudent manner asked her if she knew
him. She told him she did not, and he then invited her
to take hold of his arm, which she refused to do,
and quickened her pace for the purpose of relieving
herself from the annoyance. The prisoner kept up
with her, and as he went along put his arm round her
waist. She begged of him to leave her alone, and said if he did
not he would be sorry for it. He still continued putting his
arm round her waist, and afterwards conducted himself
in a most gross Manner, and tried to throw her on the
ground. She remonstrated with him on the impropriety
of his behaviour, and said he should suffer for having in-
sulted her. The defendant, on hearing this, became
more violent than ever, said he would split her head open,
and made use of the most abominable expressions, which
she was ashamed to repeat. She struggled and got away
from him, and went home and told her husband what
had occurred. Her husband accompanied her to the
house where the prisoner lodges, in Randall-street, and
while they were knocking at the door the prisoner came
home, and was given into custody. In answer to ques-
tions by Mr. Broderip Mrs. Page said she threatened to
scratch the prisoner's face when he took liberties with
her, and that the place where he assaulted her was very
dark, and that he detained her ten minutes, and behaved
most improperly.
The prisoner, in defence, said he was very tipsy, and
excited through drink. Me was very sorry for having
acted as he had done.

Several witnesses were called, who said they had known
the defendant a long time, and knew him to be a very
respectable young man.
Mr. BRODERIP said, the conduct cf the defendant was
not very respectable. He had been requested to dispose
of the case summarily, and should do so. lie fined the
defendant 4/. for the assault on Mrs. Page, and 20s. for
the assault on the Police-sergeant. In default of pay-
ment, the defendant would be imprisoned fur two months.
The penalty was immediately paid.

CROYDON POLICE.
Three men, named Alder Bailey, and Scott, were
Adams, and Sutherland,
'novel circumstances. The
defendantssußnaeeerd was, that they unlawfully
char
hh broughtaa
rrgg ee d
against
,bi ft oh r e
t3hlee
felony,ss r
rooted up and destroyed a quantity of shrubs and trees,
to an amount exceeding 51., and which, by an Act of
Parliament of the 7th and Bth Geo. IV. is declared to be

felony.
Mr. G. PENFOLD attended in support of the charge, and
he stated the circumstances under which the alleged
offence was committed. It appeared that a gentleman
named Rogers had let one of his houses at Croydon,
and there being some dispute between him and the
servant, the latter threatened that he would do some
injury to the property, and, in pursuance of that threat,
he removed all the furniture without paying any rent,
covered the outside of the house and every room in it with
tar, and employed the defendants to root up and destroy
every tree and shrub that was in the garden, and the pre-
mises were then deserted, and Mr. Rogers was unable
to obtain possession of them until it was given to him
by two Magistrates in due form. Having discovered that
the defendants were the parties who destroyed the shrubs
and trees, Mr. Rogers felt it necessary to take steps to
have them punished for their share in the outrage. Mr.
Penfold having read the clause in the Act of Parliament,
making the offence felony, said he should show that the
prisoners had destroyed property much greater than the
amount specified in the Act, and he should then call
upon the Magistrates to commit them to take their trials.
Mr. ADAMS inquired whether at the time the alleged
offence was committed the tenantcy of the party in pos-
session had determined ?

Mr. PENFomrsaid it had not, and the tenant was at
the time in legal possession of the premises.
The Bench said that as this was the case, they
did not think the present charge could be sustained ; and
although the tenant himself might be civilly liable for the
damage that had been done, yet they did not think the
parties who obeyed his orders could be brought within
the scope of the Act in question.
In answer to questions from the Bench, the defendants
said they were employed by the tenant to destroy all the
things in the garden, and they were told that it was to
be laid out afresh, and they did not know they were
doing wrong. They also said that they were employed
to tar the outside of the house.

Mr. Peßfold said the work of mischief was not begun
until alter ten o'clock at night, and they must have known
they were doing wrong.

The Bench said that it was a most scandalous proceed-
ing, but as they did not think the charge could in law
be made out against the present defendants they could
not proceed any fnrther in the matter.
The defendants were then discharged.