The Sun.
London, England, 1841-08-13 00:00:00

TO NON-ELECTORS.

HOW TO GAIN A VOTE, AND USE IT WITH-
OUT INTIMIDATION.
Every Reformer who is excluded from the list of
voters, and does not possess the necessary qualifications
to get his name on the register, may as effectually contri-
bute to the return of a Reform Candidate as if he lad a
vote for himself, and that vote was protected from inti-
midation by the ballot, if he will examine the list of
voters, which may be seen at the house of any overseer
at all reasonable hours, any day before the 15th of
August, and make a note of the name and address of
any Tory that appears on the register and is not in
every way qualified. He should immediately forward
the information, with ground of objection, to some active
Reformer or Registration Committee, who will object to
him ; and if he is unable to prove himself qualified, will
be excluded from the register, the onus of proof lying
entirely with the person objected to.
Thus the Tory vote struck off will be one gained to
the cause of Reform, and given as secretly, if not mot.)
so, than a vote given by the informant under the protec-
tion of the ballot
Surely the thousands in the metropolis excluded from
the franchise, and those who have been compelled to
sacrifice their consciences, and submit to the most shame-
ful as well as shameless intimidation, will avenge them-
selves upon their intimidators, and thus regain the vote
their private interest compelled them to give against
their own honest conviction.

SOUTH AUSTRALIA.

SEIZURE OF A. FRENCH VESSEL AT HOLD-

FAST RAY.
(From the Adelaide Chronicle, Feb. 17.)
A circumstance which may lead to very serious conse-
quences has just occurred. The French ship Ville de
Bordeaux arrived at Holdfast Bay, from Swan River or
King George's Sound, on her way to Circular Head.
She called here to ascertain if stock could be purchased
in the colony. Advantageous arrangements for the ship-
ment of a large quantity of sheep were understood to be
made, and the ship was about to take her cargo on board,
when, on Saturday last, she was seized, by order, we
understand. of the Collector of the Customs, and on the
following day she went to sea with two Custom-house
officers on board.
The facts of the case, so near as we can learn, are as
follow :—The Collector of Customs having received in-
formation that she was to carry the stock to King
George's Sound, which, being a French bottom, she had
no right to do, and also on suspicion of her having false
papers, went on board on Saturday night, and seized her
in the name of her Majesty's Customs, and made the crew
sign articles to work under the orders of the Custom-
house officers in taking her up to the port. The Captain
was not, at this time on board. At daylight next morn-
ing Mr. Anthony and a person named Lockyer went on
board to take charge of her, when they found the Captain
preparing to proceed to sea. The vessel was accordingly
got under weigh, and the Captain requested Mr. Anthony
to go ashore in a boat which was alongside. This he re-
fused to do, having had orders to take charge of the ship.
The vessel then stood out to sea, with Mr. Anthony and
the other man on board, and she has not since been heard
of. Reports, however, were afloat yesterday, that she
was lying off the mouth of the harbour, but this, we be-
lieve, is incorrect.
On Sunday evening the Courier steamer, having the
Collector of Customs, the Harbour Master, and a body of
armed police on board,l started in pursuit of the ship. She
returned to Holdfast Bay yesterday, having seen nothing
of the ship. She took a quantity of fuel and provisions,
and sailed again last night. _ _

We have been informed that the Frenchman was seen
on Monday by a fishing-boat, somewhere down the gulf,
cracking along under a press of sail. With a good breeze
the steamer will never sight her, as she is a very fast
vessel, having been built for a ship of war.
The strangest feature of the case is—a large flock of
fine sheep, the property, we believe, of E. Rowlands,
Esq., of the firm of August, Cooke, and Co.' which
were depasturing at Glenelg, and intended to be ,pur-
chased and shipped on board the Ville do Bordeaux,
were seized by the police or custom-house functionaries,
and branded with the broad arrow. We say' distinctly-,
that a more daring and unwarranted violation of the
rights of private property than this never before oc-
curred in a British province. It will be a disgrace to the
English feeling of the colonist., of South Australia if
they do not insist upon a strict enquiry into circum-
stances so directly violating every mercantile rule, and
all legal safeguards of property.
The following is an extract from the log-book of the
Ville de Bordeaux :

" Thursday, Feb. 18, 1841.—Commences with light
breezes and fine clear weather. At 3.30 p.m., the twelve
men off duty came aft on the quarter-deck, and asked
Mr. Symers and Captain Biron to take the ship into
Holdfast Bay. and let them have justice on shore, if
he would not give it them on board ; if not, they must
take her there themselves. Captain Biron and Mr.
Symers then told them that they would take her into the
bay when they thought proper ; when they commenced
swearing and using the most abusive language possible.
They then began to walk aft, when Mr. Symers took hold
of the helm. The men immediately took hold of him and
dragged him away, William Cummins and John Pearce
taking charge of the wheel while they surrounded him,
Mr. Symers remarking, he did not wish for bloodshed.
The Captain and Mr. Symers asked Mr. Anthony to as-
sist in the name of the Queen, when he answered, he
did not know the captain or Mr. Symers, and he would
not assist either side ; saying, they made him a prisoner
as well as the people. They then squared the yards,
set the foresail and main-top-gallant sail, and took the
command of the ship from Captain Biron, Mr. Symers,
myself, and the other officers, and run her into Holdfast
Bay, and anchored in 33-fathoms."
PROTEST. —We, the captain, officers, and parties con-
cerned in the ship Ville de Bourdeax, do hereby protest
and note against the barratry conduct of Mr. Torrens
and the other two gentlemen with him ; and also against
such part of the crew as were to aid and abet:them in
the carrying off the ship Ville de Bourdeaux ; and we
now deem it prudent to take the ship to a port where she
may be safe from such conduct and example, until the
legal authorities shall decide whether a French ship can-
not come to South Australia and purchase a cargo of
cattle for a French colony.
Henri Biron, captain..
• John William Charlton, second officer.
Charles Gear, third officer.
John Brown, ship carpenter.
William John Penton, boatswain.
George Jefferies, } passengers.
H. D. Jefferies,
John Derby, shepherd.
H Symers,
part charterer of the Ville de Bor-
deaux.
Ce proves verbal est ecrit en Anglais enfin de ne pas
avoir a reclamer un interprete.

H. BIRON, Captain.

Iturus's STONE.—We found upon a recent
pilgrimage to this historical monument that the Right
Hon. Sturges Bourne, the Warden• of the New Forest,
has enclosed "Rufus's Stone," as it is called, in an iron
casing of the same triangular shape as the original, with
bars at the top, so that the visiters may still see the re-
mains of the stone, though they cannot chip off any
more of it, a practice which had reduced the monument
to a third of its original size, and defaced all the inscrip-
tions. The stone was put up by the Earl Delawarr, near
a century ago, to mark the spot whereon grew the oak
against and from which the arrow glanced (aimed by
Sir Walter Tyrrell at a stag) and shot the king. The
Earl, when a boy, had seen the oak, which tradition
pointed out as the fatal tree, growing on the spot, and
when the storm laid low the monarch of the forest, in
whose time so many kings had reigned and died since
the red-haired Norman fell before him, the Earl erected
the stone to commemorate the event. So many pieces,
however, had been taken away by the cockney vandals,
that unless the Right Hon. Warden had encased the re-
mains, not a relic would have been left to gratify the visi-
tor. On the three sides of the iron casing the inscrip-
tions on the stone are repeated, with a few lines recording
the present addition in 1841. We may as well mention to
parties visiting the place for the first time, that " mine
host" of the Compton Arms, at Stoney Cross, about a
quarter of a mile from the spot, is very attentive to
visitors, and sends down people to carry refreshments,
seatsc,e &c., if required. At the bottom of the hollow,
40:0,
e,auwezilaixesquutaworftetrheo.pf
uarikniislewhfuorethonerv,eyiesdthßeuefoutsta
ing eh
his thecart
, peakmofasitYuasle
A. vlieol
of
tir;ewhen he was deserted by all his courtiers.
cottage, but
vas
scabrt used to be shown in the yard of the
as a Christurnt, as we have stated in a former
paper,
lgo-Iniasdae-gboifotkfsors
aabreocreentaevceennt.turyTagheoc.ouTaghee
the service rendered by Purkis. The de-
scendants, to the u
sal of them now
in
nb their r of above a hundred (and seve-
woodmen), contemplated ancestor's avocation, that of
putting up a new stone by a
found by etheas
subscription of a shilling Warden
unne but the good taste of the
0 -that the iron should be painter lysairi?.;* We looking
to suggest
opking.better,
and therefore more easily
diberscesnting from the high-road, is the
-explore the Forest without a guide. visitor whomay
the view half-way
We may add, as
gent, that
sire and magnificent in the south of England.
:anotherd o
wn th
embe
inill:
3114)3t
AmongeXten the fashions prevailing just now in Paris
is that of wearing ten breadths in the skirts of the dress.
Int one of Jauy's papers he makes an old lad declare
that the brocade of her wedding suit was afterwards
made into covers for a sofa and a dozen arin-chi, and
K
a seems likely that so curious an epoch of fashion will
-be now renewed.
The
of Turkey is
Augsb
GazetteP UsLtaAteTsit°lll4at °
thre o
-twenty-three millions, of Tutwhoma sixteen are Musselmans,
:and seven Christians or Jews. In some quarters of Con-
stantinoplepopulation
the population has been tripled since the
commencement of the last reign.
A few days since a fisherman named Masey, re-
siding at New Romney, discovered in a poll at low water,
and about mid sands, a curious old measure resembling
-copper, and holding about a pint, having a bell-metal
:handle with the figure of a lion or some other beast
:thereon. On minutely examining the bottom of it, the
slate 1412 was deciphered. Some time ago two metal
-spoons were found on the same spot, marked IY B. It
-will be in the recollection of some of our readers that
- about 20 years since the keel of a wreck VMS dug out
:from this place, and brought up to the town, but the
name and date of the vessel could not be ascertained.—
_Kentish Gazette.
BAGPIPES IN INDIA.—A letter from the Pun-
aub, a country in the north-west of Hindostan Proper,
sated " Peshawar, 27th May, 1841," and written by one
'of Captain Broaclfoot's party, mentions that " the moun-
tains near the Attoek are famous for a race of a wild

military kind of robbers, which the Seikh Government
- can't put down. They are a fierce and more warlike race
- than the rest, and what is very strange, they use the
I..tlighland bagpipe, exactly in sound and shape like our
wn, out play no ►scotch airs."

LONDON COURT OF CONSER-

VANCY.

OBSTRUCTIONS TO THE NAVIGATION OF THE THAMES.
—Yesterday, according to appointment, a Court of Con-
servancy for the County and City of London was held
at the Guildhall, for the purpose of selecting a Jury to
examine into the condition of the river Thames, within
the exact civic limits, in consequence of the serious
complaints made by the gentlemen of the last Middlesex
and Surrey Conservancy Juries, that several encroach-
ments and nuisances had been-made in the parts of the
river to which their supervision did not extend.
The Court was attended by the Lord Mayor, the Re-
corder, Aldermen Lucas, Sir Peter Laurie, Wilson, Farn-
comb (who was warmly congratulated on his recovery
from his serious accident), the City Solicitor, Mr. Secon-
dary Potter, the Comptroller, and other officers of the
corporation.
The following gentlemen were sworn in on the Jury :
Mr. John Brown, Foreman Mr. T. C. Newman
Mr. Robert Aylwin Mr. Ralph Harris
Mr. Richard Brain Mr. J. G. Smith
Mr. J. Q. Finnis Mr. George Landman
Mr. Henry Drew i Mr. Charles Phillips
Mr. Arthur Ryder Mr. James Hunt
Mr. A. C. Johnson Mr. Edward Keeling
Mr. Richard Buck Mr. Robert Hutchinson
Mr. G. E. Brown Mr. William Curling
Mr. Robert Wrench Mr. A. C. Johnson
Mr. Benjamin Bower Mr. G. B. Harrison
Mr. George Childe Mr. G. D. Trimby.
The RECORDER charged the Jury. His. Lordship
stated that the Lord Mayor and Corporation of the City
of London had, as Conservators of the river Thames
and waters of the Medway, considered it to be their
duty, after, he believed, an interval of about twenty
years, to convene a Court of Conservancy, to inquire
into the state of the banks of the river Thames, and the
nature and extent of the obstructions which might exist
in it, within the boundaries of the City. The Lord Mayor
and Corporation were desirous to be assisted by the Jury,
in an investigation calculated to promote the public ser-
vice, the object of which was to keep the river in a free
and unobstructed condition. They had been given to
understand that several encroachments did exist. Some
of them, perhaps, were such as to present advantages
of a public nature, exceeding the amount of inconveni-
ence of which they might be productive ; others might
be attended with no inconvenience at all ; while others
might be so objectionable as to endanger the lives of the
public. The alterations which it had been thought ne-
cessary to make in one part of the river for the enclosure
of the Houses of Parliament, had drawn the attention of
the Lord Mayor and the Corporation to that particular
place ; and the numerous other changes which had been
made, arising from a variety of causes and circumstances,
were deeply interesting to the commercial part of the
community ; and the Corporation considered that they
would not properly discharge their duty to their fellow-
citizens, or to the community in general, if they did not
call in the aid of two men of high professional eminence
to assist in ascertaining the real state of the river, and
the probable state to which it might ultimately be
brought by the alterations which were taking place.
It was his duty to point the attention of the Jury
more immediately to the erection of the temporary land-
iug-place at Blackfriars'-bridge, where it was stated
loss of life had taken place, and which formed an ob-
struction of no ordinary kind in the river at the point
at which it was placed. The Lord Mayor and Corpora-
tion requested the Jury to look to that part of the
Thames with particular care, and to examine and ascer
tain how far the erection was an obstruction and a nui-
sance as it had been represented to be. He had already
stated, that with respect to the public service, it was con-
sidered necessary by the Court to have the assistarce of
two persons fully competent to advise upon the subject
of the navigation of the river, in which important
changes were contemplated ; but, preparatory to the
completion of these changes, it was necessary to receive
all the information which the gentlemen of the Jury
could collect in their examination. It was the intention
of the Court to perform in the most complete manner the
obligations they considered themselves under, to make
the improvements in the river adapted to the existing
circumstances. The alterations referred as well to the
nuisances, and destruction occasioned to the fisheries
by gas and unlawful nets, as to the other causes of com-
plaint ; and the authorities were fully competent to carry
into effect any necessary change for the benefit and se-
curity of the public. His Lordship concluded by stating
that lie was happy to see that the Jury were commercial
men, chosen from the immediate neighbourhood of the
river, and probably well acquainted with it, most par-
ticularly in the places to which their attention was pe-
culiarly directed.
The Jury then proceeded from Court to the river,
where they embarked in the City boat, attended by the
Water Bailiff, for the purpose of examining the various
parts in which obstructions and nuisances were said to
exist.
Upon their return to Court at three o'clock,
Mc. BaowN, the foreman, handed in the following
presentment :
" London :—Wes;,whose names are hereunto sub-
scribed, being the persons duly summoned and sworn at
a Court of Conservancy of the River Thames and Waters
of Medway, holden before the Right Hon. Thomas
Johnson, Lord Mayor of the City of London, and Con-
servausr of the said River of Thames and Waters of Med-
way, 2,1. the Guildhall in and for the said City of London,
on-Thur3day, the 12th day of August, in the year of our
Lord, 1841, to inquire of certain transgressions, con-
tempts, and offences, committed on the said River of
Thames, within the said City of London, do hereby make
our presentment in manner following,—this is to say,—
" We present that certain parsons, being occupiers of
the wharves on the banks of the said river between Lon-
don-bridge and the Temple, cause their barges to be placed
outside the piles in front of their wharves.
" In making this presentment against the said persons
we beg to express our opinion that much inconvenience
would be obviated by piles being driven, under the direc-
tion of the Corporation of London, in front of the said
wharves so as to define the boundary for mooring craft
in the cans eway at Paul's-wharf, as to occasion no ob-
struction to the public landing place at the said wharf.
" We her. aby also present that several persons have
caused a floating pier or landing place, formed of barges,
at the north-east side of Blackfriars-bridge, and which
projects a consiierable distance into the said river, and
that such floating pier or landing place is an encroach-
ment on the said river, and also an obstruction to the na-
vigation. And we further present the said pier and
floating barges as being in a dangerous state, and not
sufficiently stable for the intended purpose.
" We present that a pier or landing place, principally
formed of barges, hath been erected at the western side
of Southwark Bridge, and which projects from one of the
piers of the said bridge into the said river. We make
this presentment, considering such pier or landing place
to be an encroachment upon the said river; but at the,
same time we state that little, if any, obstruction is
caused thoreby to the navigation of the said river, and
we also consider that-such pier or landing place, as at
present constructed, is the best adapted for the accom-
modation and safety of the public in embarking and
balding from steam-boats navigating in that part of the
sail river.
~ We also present that several persons have caused
floatinte; piers, or landing-places, ,formed of barges, to be
erected ‘-m. the banks of that part of the said river which
is situate within the City of Lon don, at Dyer's Hall
Wharf, at Old Shades Wharf, and a 1 sicholson'sWharf,
and which project into the said river. .We consider such
piers or kat:ling-places to be encroach molts upon the
said river.
"We present that several persons have caissec2 a lighter,
with a barge affixed thereto, to be placed in .from: of Cus-
tom-house Quay, in that part of the said rive." which is
situate within the City of London ; and also a lighter in
front of Adelaide Wharf within the said City ; a mid that
such lighters are encroachments on the said river."
The presentment was signed by all the Jury.
Alr. BROWN, the foreman of the Jury, said that in
making this presentment of the encroachments particu-
larized, he was directed by his brother Jurymen to state
that all which were mentioned as merely encroachments
were, if properly managed and regulated, necessary for
the accommodation of the public. He was expressly de-
sired to mention that fact.
The RECORDER—YOU mean that their uses to the pub-
lic more than counterbalance the disadvantages arising
from the encroachments ?

Mr. BROWN—Most decidedly.
The REcoRDER—Then the objection as an encroach-
ment and a nuisance is directed against the pier at Black-
friars-bridge ?
Mr. BizowN—Certainly. We present that as a most
decided encroachment and nuisance.

..... •
Sir P. rAn.unau said that he had received a lettm from
the Blackfriars-bridge Pier Company, denying the truth
of the statement made to him by the gentleman who- was
near losing his life at the pier, and declaring that nothing
could be more safe.—(A laugh.)
Mr. BROWN—We had before us the man who was sa id
to have saved the gentleman's life, and he mentioned to
us that the gentleman jumped before the steamer had
reached the barge.
Sir P. LAURIE—And that the gentleman totally denied
to me. I knew that the Jury would ascertain whether
the place was as safe as possible or not.
The RECORDER then returned the thanks of the Court
to the Jury for the manner in which they had discharged
their duty, and stated to them that his Lordship and
the Corporation would take immediate measures to re-
move effectually such encroachments and nuisan• e. 3
as
they had pointed out, and as were calculated to came
danger and prejudice to the public. •
The Court was then dissolved.
A model of a very elegant pier, proposed to be erect ed
on the north-west side of Blackfriar's-bridge, and whil
will cause no more obstruction than the admirable one at
Southwark-bridge, was exhibited at the Guildhall. It 's
by Mr. Walker the engineer. We shall in a day or twt,`
give a description of it.

THE MIGHT 0, MYSTERY.--TO MCCOLL nd
anything, however monstrous or ridiculous, with an air
of my story, is to invest it with a secret charm and pm ter
of attraction, which to the crowd is irresistible. Fa !se
priests, false prophets, false doctors, false patriots, fi lse
prodigies of every kind, veiling their proceedings in n 2,1 ps-
tery, have always addressed themselves at an imnam se
advantagea to the popular credulity, and have been, IX r-
haps, more indebted to that resource in gaining and k co. P-
ing, for a time the upper hand of truth and common SC
than to any half dozen items in the whole catalog( to c
imposture. Curiosity is, and has been from the creu I
of the world, a master passion. To awaken it, to gr. iffy
it by slight degrees, and yet leave something always
suspense, is to establish the surest hold that can be hail,
in wrong, on the. unthinking portion of mankind.—
Dickens.

, METEOR.-A very beautiful meteor was cib
served from Careluie-hill, on Wednesday evening, ab at .t
a quarter past eight o'clock. It appeared in the fern ► "of
two balls of fire, and passed slowly in a straight ' kne
from north-west to south-east. It had no tail, as n gsst
meteors have, and was visible for the space of ne:
half a minute.—Correspondent of the Ayr Observer.

LAW INTELLIGENCE.
ROLLS' COURT, Aug. 12.
FOWLER V. SIR MATTHEW WOOD, BART.
Mr. KELLY (with whom were Mr. Turner and Mr.
Walker) on the part of Sir Matthew Wood and Jacob
Osborne, stated that the object of the present application
was to obtain from the Court an order that the issues
directed to be tried by the Court at the late assizes for
Gloucester might be tried at the ensuing assizes to be
held at Bristol, in and for the county of the said city of
Bristol. By an order of this Court, made on the 23d
July last, certain issues of devisavit vel non were directed
by this Court to be tried at the then ensuing, but now
late assizes for Gloucester, and that order directed that
the trial should take place before a Special Jury, to be
composed of persons not living within twelve miles of
Gloucester, and an order to that effect was made by Mr.
Justice Patteson. The parties went down to trial, and
in so doing his clients had expended $,OOO/., but
eight only of the jurors summoned appeared. He
accordingly prayed a tales, but that was objected to,
and he then submitted to the Court that the 6th
George IV., cap. 50, imperatively required that a tales
should be taken, but Mr. Justice Coleridge considered
that with a tales the trial would be a nullity. It
was then asked that the trial should be postponed one
day. That also was refused. The postponement was
then asked for one hour that the Bristol coach, which
was supposed to contain some of the jurymen, might
come in, but this was refused. It was then offered to
try the issues with eight jurymen. This also was de-
clined, so that there was no trial, and the Court sepa-
rated. These were the facts as regarded the direction of
the Court. It was now asked that the issue might be
tried at the assizes to be held at the city of Bristol. In
refusing to complete the Jury at Gloucester from the
common panel, he conceived that the Jury Act had been%
misconceived. The course with respect to issues di-
rected by this Court was to carry them into effect sub-
stantially ; they were, however, subject to the same'
rules as any ordinary action at law, and were controlled
only by the special directions of this Court, which were
engrafted upon the proceedings at law, in all other re-
spects they were to be tried in the usual manner. This
Court might direct the trial to be had without a tales. It
might also direct a trial to be had in Middlesex, before a
Jury drawn from another county, or in any other way,
so that the proceedings were according to law.
Lord LANGDALE observed that the object of the trial
was to satisfy the conscience of the Judge who had to
decide, either according .to the facts, or to follow them
so far as would be proper for working out the point re-
quired.
Mr. KELLY—It was argued that there was no power to
try the case except before a Special Jury, but that was
not according to the Jury Act.- By that statute a Judge
in Equity had no power to direct that a trial should be
had before a Special Jury.
Lord LANGDALE was disposed to accede to that argu-
ment; an order of this Court was only an intimation to
the Judge at law that the Judge of this Court would not
feel satisfied with any other Jury than that specified in
the order of Court.
Mr. KELLY submitted, that after the case was brought
before a Court of Law no choice was left, and,that a tales
must of necessity be impannelled at the request of
party. This application was made by way of appeal, and
the questions were, whether the issues ought not to have
been tried, or whether there was to-be a failure of justice,
either by error or accident, or whether some other order
ought not to be made to harry it into effect, and whether
the jurymen should not have been called from the com-
mon jury panel. The Learned Gentleman then mentioned
two cases, but without any references, and said that the
trial might, by the direction of this Court, be had at
Bristol, before the Jury summoned at Gloucester.
Lord LANGDALE observed, that an objection to have
the trial at Bristol had previously been made. .
Sir F. POLLOCE, on behalf of the heirs-at-law of the
late James Woed, deceased, said that the Jury could only
decide who were the executors of a testator by the pro-
bate of the will. He could well understand why the
heirs-at-law did not prosecute the useless ejectments they
had brought in ; there they were certain of success.
From February, 1839, when Sir Herbert Jenner gave
his judgment in the Ecclesiastical Court, to the present
year, the alleged executors had been willing parties in the
passive proceedings of the heirs-at-law ; that decision
was fatal to their right as devisees. From that time the
tenants had refused to pay their rents to them, and it
was not till June, 1840, that the devisees sought to en-
force their claim. The tenants then filed their bill of
inteepleader, and brought their rents into Court in order
that they might pay them to such of the parties as
should be ultimately found entitled. With respect to
Special Jury cases, even a Court of Law was in the habit
of granting a new trial when but a few Special Jurymen
attended ; but it was not a statutable right to pray a
tales when the trial to be had was founded on special
authority ; and such an application as the present could
not be granted whether the trial failed by error or
accident.
Lord LANGDALE could only consider that the trial had
failed by accident.
Sir R Ponnocx said that, entrusted as he was with
the interests of infants and married women, he could
consent to nothing ; besides, if a tales had been taken by
consent, he much doubted if there would be any indict-
ment for perjury. Mrs. Goodlake was one of the wit-
nesses sought to be examined ; she had already been ex-
amined upon depositions in the Ecclesiastical Court, and
that evidence was on record. Mr. Phillpott was another
of those witnesses. Respecting him he should not say a
word ; he was not about to quit the country, neither
was there any probability that he would die before the
the spring assizes. The trial at the late assizes had
failed by accident, and had been made a remanct, and
must be tried before the Jury already summoned, if that
Jury was not discharged ; and it was so stated in all the
books of practice.. If this application were granted
' not a farthing of the expense incurred would be
of any use, since there must be a new record, fresh
Coat expenses, and even the subpoenas for the wit-
nesses at Gloucester would not be good by consent; there
must, therefore, be a new jury panel and fresh jurors.
The same Counsel also did not go that circuit; the heirs-
at-law, therefore, would have to retain Counsel wham
they would have to instruct over again, and they would
have to begin to learn all the facts of the case. But was
the fund in Court (9001.) the reason for these fresh pro.;
ceedings ?. " Not so," said Mr. Walker, " this trial is
to decide other points." Were the heirs-at-law, then, in
such a case as this, upon the supposition that this appli-
cation could be granted, to go and retain and instruct
Counsel ; and even when they had done so, what secu-
rity was there that the trial would take place ? The wit-
nesses might be gone abroad, and other difficulties might
arise, so that he submitted the Court could not see its
way.. He denied also that jurymen were bound to leave
their county except in obedience to the Court of Queen's,
Bench ; and if they went by consent they were not liable'
to punishment. Did Sir Matthew Wood want the 9001.
in Court ? If so, he might have it upon giving proper
security to return it if the case ultimately should lie"
decided against him ; but if the case was to be tried, let'
that trial be had in a manner and at a place where. it
would be satisfactory. His clients were in bumble cir-
cumstances, they had already expended 1,0001. in pre-
paring for this trial ; 37 witnesses had been summoned.
33 of whom lived near Bristol ; Counsel had been long
retained, and others not so well acquainted with the case
would have to be instructed, and even notice of this ap-
plication had been sent to Gloucester on Tuesday night,
by a special messenger, requiring the instant attendance
of his clients. He did, therefore, trust that this unusual,
unprecedented, and anomalous application would be re-
fused, with costs.
Mr. SHARPE (with whom was Mr. Barber) followed
on the same side.
Mr. KELLY replied, in the course of whiCh he, on the
part of his clients, offered Co Pay the extra expense which
the heirs-at-law would be put to by having the trial
taken to Bristol, and to submit to a rule for that purpose.
Lord LANGDALE said that John Fowler, the plaintiff
in this case, was one of the tenants of the lands of the
kite James Wood; these lands were claimed by Sir Mat-
thew Wood and others, as devisees, and also by the
heirs-at-law, who insisted that they took by descent, on
the ground that there was an intestacy. The plaintiff
had filed this bill to protect himself from these conflict-
ing claims, and an injunction had been granted upon
payment of the rent into the Court. An application had'
been made to the Court in this suit, which contained
two results—the one was to order the money to be paid
out of Court to Sir Matthew Wood and others, or to
put the case in a proper course of investigation. When
this was discussed, both parties said they were ready to try
the question by an issue; and after some discussion certain
issues were ultimately settled, both parties proceeded to
trial, but as the order made contained directions to sum-
mon a special jury of persons not residing within 12 miles I
of Gloucester, it was considered that the case could only
be tried by a Jury so summoned. The trial was directed
to satisfy the wind of the Judge in equity, and the order
imposed upon the narties the necessity of bringing the
case forward according to the rules of law. The direc-
tions were imperative upon the parties, but not upon the
Judge at law ; to him they
considered expedient.
were nothing more than an
intimation of what course was
tales should be
a
and considered
had. The Jud.ge thought not,
Upon the trial being called on, the jurymen were not
there, And a question arose whether
that the trial in that case would not be valid.
When the issue was directed this difficulty did not occur
toon
ltyh e partiese
r; buttha
tas
accident. Was it on thisground to be tried at another
shtoadod
fhaieledcbutlhdronneg
livl
place ? It was his duty to divest his mind aeverything
the
ee
trial
eial
that had taken place elsewhere, and simply to regard the
queStions between the parties in this suit. There might
be reasons for delay, of which he knew nothing, but as
the case stood, he had heard no sufficient reason for
changing the venue ; put the suggestions of expense
The 9001. in Court might be of cons_
edeelnfidulelyonprtehpeaftriecdta.
tahn
edyt
might
t inability
attach t instructogreat im p co
ro
tu:
eelq out
oue
nt
it, and
a toni
theo
(th
the
otquestion.pwara stenao
,srmhael
Cl
onrt, hardshipho however,
etvoe
must
reinvde
eda ov
of
tic
rout
before it. The examination of the two witnesses might
be important ; but he was afraid, if he admitted that
as it reason, he might be called on to interfere in every
case similarly situated. The case, as it was brought be-
fore him, wae curious, and showed that other objects
beside the trial were in view ; for one party said he was
willing to allow the money to be taken out of Court on
secure-, and the other 'slid
would rather pay the ex-
penses of the heirs-at-law than tsi,at
;the trial should not
~
take place. As the case stood, sierefore, before the
Court, he thought it right to refuse the application.
Mr. SHARP asked for the costs. • .
Lord LANGDALE said he should res erve the question
of costs till after the trial of the issue. •

Last week a young gir!, from the West High-
lands, came to visit a sister she had in Glasgow. At the
outskirts of the town she stopped at a toll-bar, and began
to rap smartly with her knuckles on the gate. The
keeper, amused at the girl's action, and curious to know
what she wanted, cams• out, when she very demurely in-
terrogated him as follows :—" N this Clasco ?" 4. Yes."
—" Is Peggy to ?"

ASSIZE INTELLIGENCE.
HOME CIRCUIT.—Croydon, August 11.
CROWN COURT.

John Watkins, 25, and Henry Seton, 22, were ca-
pitally indicted for assaulting and wounding George
Collier, with intent to murder him.
In other counts the intent was said to be to do the pro-
secutor some grievous bodily harm.
Mr. CLARKSON conducted the prosecution, and stated
the facts of the case to the jury.
It will, perhaps, be better to lay a narrative of the cir-
cumstances before our readers, than to enter into a detail
of the evidence given by the respective witnesses. It ap-
peared from the evidence that the prosecutor Col-
lier was formerly a constable in the Metropoli-
tan Police, but he was dismissed about a year
ago. While employed in the police, he had
given great offence to the prisoners, who are noto-
rious members of the swell mob, and some of their com-
panions, and, on the 28th of May, the prosecutor being
in a booth at Epsom races, the prisoner,Watkins, accused
him of being a " pipe" (a cant expression among
thieves, meaning he was looking out for robberies). The
prosecutor told him he was no such thing, and anticipat-
ing some violence from the conduct of the prisoner, and
a number of persons who were with him, he told them
to remember that he knew them, and that if they ill-
used him, he should certainly mark them. Immediately
' upon his saying this, Watkins struck him with his left
hand on the mouth, and with his right struck him with a
life-preserver a violent blow on the head, which knocked
him to the ground, and he was then kicked and beaten
by both the prisoners and several other men,
and when he was ultimately secured by the police,
it was found that he had received most severe
injury ; and Mr. Jones, the surgeon who exa-
mined him, was at first fearful that it would
prove fatal, but the prosecutor ultimately recovered.
The prisoners absconded immediately after the outrage,
but true bills having been found against them, warrants
were placed in the hands of the police for their appre-
hension, and Tidmarsh, a constable of the L division,
met with Watkins in Kent-street, and attempted to take
him into custody, but he made a most desperate resist-
ance, and it required the aid of several policemen to se-
cure him ; and he then said he supposed he should be
" lagged" (transported) for that Collier's job. The
prisoner Seton was afterwards apprehended, and both
were identified by several witnesses as having been con-
cerned in the assault upon the prosecutor.
Matthew Richards, a waiter in the booth in which the
occurrence took place,. corroborated the evidence of Col-
lier as to the brutality of the prisoner and his compa-
nions towards him. He also said that while Collier was
upon the ground he was kicked about" like a football,"
and one of the assailants said " his (Collier's) eye was
out ;" and another answered, " Yes, and his brains
shall be out, before we have done with him." And
shortly afterwards a cry was raised " to finish" him, and
a tall man, in a smock frock, slipped off the frock, and
drew a table knife from his sleeve, and made a rush at
the prosecuor as he lay upon the ground, as though he
would have ripped his bowels open, but he was fortu-
nately prevented from carrying the attempt into execution.
Mr. BODKIN, addressed the Jury on behalf of the pri-
soners, and said that he could not attempt to shicld them
from a conviction for an assault of a most brutal and ag-
gravated description, but he submitted that there was no
proof that the prisoners intended to murder the prosecu-
tor, and that the evidence only substantiated the charge
of assault.

Mr. Sergeant TADDY having summed up, the Jury re-
tired to consider their verdict, and during their absence
the Learned Sergeant ordered Collier to get into the wit-
ness's box, and he told him that he perceived from testi-
monials that had been laid before him, that his conduct
since he had left the police had been most creditable ;
and he also said that the manner in which he had given
his evidence, and his conduct in reference to the present
transaction, did him credit; and his Lordship added, that
he appeared to have acted in a manly and straightforward
manner.

The Jury soon afterwards returned their verdict, find-
ing the prisoners Guilty of assaulting the prosecutor,
with intent to do him some grievous bodily harm.
The prisoner Watkins then addressed the Court, and
said that he admitted he had assaulted Collier ; but he
had no intention to kill him, or to do him any serious
injury. He then proceeded to charge Collier with being
the associate of thieves, and with receiving the plunder,
and he said that the reason why Collier bore an ill-feeling
towards him was because he picked a man's locket of
twenty-five sovereigns at Barnet Fair, and he gave him
his share, and in consequence of it being reported that
he had taken a hundred and twenty-five sovereigns, in-
stead of twenty-five, Collier said he had got a " cen-
tury" the better of him, and he would " lag" him for it
the .very first opportunity that offered. Ile concluded
by begging the Court to have mercy on him.
The Learned Judge told -the prisoners the Jury had
taken a merciful view of. the case, for if they had been
found guilty of the whole charge their lives might have
been 'forfeited. He was bound to pass upon them a sen-
tence of transportation for fifteen years.
The moment the sentence was pronounced a scene en-
sued that almost defies description. The prisoners, who
are most powerful men, rushed to the front of the dock,
and, with dreadful oaths, declared that they' had been
" sold like bullocks ;" and they uttered horrid impreca-
tions upon the Judge. Mr. Keene and one of his assist-
ants laid hold of thern,i and attempted to remove them-
from the dock, but their exertions were of no avail
against the frantic power of the two prisoners. Inspector.
Collier, of the P division, and several of his men, jumped
into the dock, and a desperate struggle then took place,
durinc, which some of the constables were kicked and
severely injured by the convicts. The Court was in a
state of the utmost confusion. The women shrieked, and

business was Completely suspended. A number of bad
characters who came into the town in the morning were
about the Court, and the intention of the prisoners was
evidently to excite them to attempt a rescue, but they
were awed at the firm demeanour of the police, and did
not attempt any violence, and the prisoners were at
length removed to a strong room, where they were put
inirons.
CIVIL SIDE.--(Before Lord Chief Justice TINDAL.)