The Sun.
London, England, 1848-11-24 00:00:00

FRIDAY EVENING, NOVEMBER 24, 1848

" The shores in face of the peninsula, and its western
side, present evident marks of destruction.
" Birds and insects are, without doubt, to be found on
the shore; sometimes ducks on the sea, for we saw some,
but we could find no living object in this sea. However,
the salt sources it receives contain fish belonging to the
ocean. I feel certain, says Captain Lynch, that the result
of our expedition will confirm to the very letter the his-
tory of the Holy Land as regards the sunken cities.
" After the examination of the Dead Sea, the expe-
dition proceeded to determine the height of the moun-
tains, and the level of a plain, from Jerusalem to the
Mediterranean Sea. . _

" They found the summit of the western coast of the
Dead Sea more than 1,000 feet above its surface, and
level with the Mediterranean. It is a singular fact,
that the distance from the top to the bottom of the
Dead Sea—that is, the height of its shore, the eleva-
tion of the Mediterranean, and the difference of the
level between the bottom of these two seas, and the
depth of the Dead Sea, should thus be an exact multiple
of the elevation of Jerusalem above it.
" Another fact not less curious is that the bottom of
the Dead Sea forms two sunken plains—one elevated,
the other depressed. The first part, south, is composed
of clay or fat mud, covered by an artificial bay ; the
latter, the upper part and more north, of mud, incrus-
tations, and rectangular salt crystallizations, extending
to a great depth, arid with a narrow ravine defiling in
the midst of it, corresponding with the Jordan at one
extremity, and Wady Seib at the other.
" The official report of Captain Lynch will be shortly
published."

IRELAND.
COURT OF QUEEN'S BENCH.

DUBLIN, Nov. 22.—This being the day appointed by
the Court to hear the argument in the case of " W. S.
O'Brien in Error v. the Queen," the entrances to the
court were crowded from an early hour. Several of the
metropolitan police were stationed at the door, and no
person was admitted without the Sheriff's written order.
The galleries were crowded to inconvenience by re-
spectably-attired ladies, and the counsel benches were
filled with barristers, who evinced the utmost anxiety
throughout the proceedings. Shortly after ten o'clock
Mr. W. S. O'Brien was placed at the side liar, in the
cu-tody of the gaoler of Richmond Penitentiary. Mr.
O'Brie❑ appeared in excellent spirits, but from length-
ened confinement looked rather paler than usual.
Throughout the argument he took copious notes of the
proceedings.
At halt• past ten o'clock the Chief Justice and Messrs.
Justice Crampton, Moore, and Perrin, took their seats,
when the case was proceeded with.
Mr. FRANCIS A. FITZGERALD here addressed the
Court and said he appeared upon behalf of Mr. W. S.
O'Brien. Ile proceed( dto argue the different points in
the order iu which they appeared in the assignments,
and trusted that he would succeed in satisfying the
Court that the points relied upon by Mr. S. O'Brien's
Counsel were correct and legal. Mr. Fitzgerald then
proceeded to argue at great length upon the different
points of et ror assigned, and in the course of his speech
adverted to several Acts of Parliament passed in Eng-
!arid, which, in his opinion, referred to the present
question. The Learned Gentleman then entered into
the law of treason and the various Acts passed applic-
able to Irelard.

Mr. D. LYNCH replied on the part of the Crown.
The CHIEF JUSTICE observed that the case had been
very ably argued by the Counsel on both sides.
The further hearing of the case was then adjourned
at four o'clock, and Mr. O'Brien was removed to Rich
mond Bridewell in the prison van, escorted by a troop
of the 17th Lancers and horse police.

MR. SMITH O'BRIEN-THE WRIT OF ERROR.

DUBLIN, Nov. 23.—The argument in this case termi-
nated last night. Mr. Whiteside argued at great length,
and with his usual ability in support of the error as-
signed. At the conclusion of the argument,:
Mr. NAPIER, Q.C., applied to the Court that counsel
might be heard on the part of the other three prisoners,
in whose ,behalf writs of error had been lodged, before
judgment was given in the case now before the court.
The ATTORNEY-GENERAL said that had the matter
been mentioned to him before there might have been no
possible objection to what was proposed by Mr. Napier.
As it was, the matter was discretionary with the Court,
and it occurred to him that atter the very full argument
which the subject matter of the writ of error in the pre-
sent care had received, it would scarcely be necessary to
hear any other counsel upon it.
Mr. NAPIER said that it was the wish of the other
prisoners that their counsel Might have an opportunity
of putting forward their views on the subject. It had
been done before in cases tried on the Leinster circuit,
in which he (Mr. Napier) had been assigned as counsel
for the prisoners. Nor was it unreasonable that in cases
like the present such an arrangement should be com-
plied with.

CHIEF JUSTICE—My difficulty is, that those other
cases are not in issue. They have not been entered on
the list, and I understand that the books are not yet
made up.
Mr. O'CALLAGHAN said that in all cases error had
been joined, and, on the part:of M'Manus, he (Mr. O'C,)
adopted the points of error assigned in Mr. O'Brien's
case. Surely not a word too much could be said in mat-
ters of such paramount importance, where the lives of
the prisoners were concerned.

CHIEF JUSTICE—The Court is very anxious, as far as
is in its power, to accede to the wishes of the counsel for
the different prisoners; and we are anxious not to pro-
nounce any judgment until we have beard what can be
urged in support of the errors. We therefore suggest
that we would hear counsel for each of the three remain-
ing prisoners who have writs of error depending—if the
Crown think proper, one counsel for each; and then, if
the Attorney-General should think proper to reply, he
would he at liberty to do so.
Judge PERRlN—Provided the prisoner in this case
has no objection—provided he does not call for judg-
ment at once.

Mr. O'Brien said, that so far as he was personally con-
cerned, he could not pay sufficient homage to the ability
of the Learned Counsel who had been assigned to act on
his behalf: but it was right that the Court should know
that the other prisoners hail not been consulted in refer-
ence to the selection of their counsel. He conceived that
their cases were entirely involved in'the decision which
the Court should pronounce upon the one now before it;
and it would be only fair towards them that they should
have an opportunity of being heard by their counsel
before that decision should be pronounced. That was
strongly the impression of the other prisoners. Mr.
Meagher had addressed a letter to him on the subject,
which he would read to the Court.

CHIEF JUSTICE—Better leave this matter in the hands
of counsel.

Mr. BUTT said that he had been assigned as counsel
for one of the three remaining prisoners, and he thought
that the proposition of hearing one counsel for each of
them, before the decision in Mr. O'Brien's case, was as
muck as they ought to expect.
It was finally arranged that one counsel should be
heard for each of those prisoners before judgment in the
present case; and that the counsel should confine them-
selves to the points of error which had already been dis-
cussed in that case.

The Court then adjourned to this day, [when the first
of the three counsel will be heard.
MR. DUFFEY'S TRIAL.

The exclusion of Catholics from the juries impannelled
to try Me3sn. Mitchel, Martin, O'Doglterty, and Williams,
has afforded Mr. Duffey an opportunity of departing
from the ordinary course, and serving cautionary notices
on the High-Sheriff and Attorney-General.

LAW INTELLIGENCE.
ROLLS' COURT, Nov. 23.

TIIE NORFOLK RAILWAY COMPANY V. IVODEHOUSE AND

OTHERS.

This bill was filed against Edward Thornton Wode-
house and William Wodehouse, the executors of the late
Lord Wodehouse, praying that the rights and liabilities
of the plaintiffs and defendants in respect of certain
pieces of land at Kimberley, in Norfolk, lately occupied
by Thomas Bayes, a defendant, might be ascertained
and declared;—for a declaration that Bayes was not en-
titled to any sum for compensation in respect of the
pieces of land lately occupied by him, and that he
be ordered to surrender and assign all his interest
therein to the plaintiffs ; but if it should appear that
Bayes was entitled to any compensation from the
company in respect of their having taken the pieces
of land, then that the sum which ought to be paid by
the company he ascertained, and its payment made by
the plaintiffs—that Bayes be_ ordered to assign all his
interest in the lauds to the plaintiff., and that the two
defendants, Edward and William Wodehouse, as such
executors of Lord Wodehouse, deceased, be ordered to
repay to the plaintiffs what they should have so paid,
and also the costs of the suit, and that Bayes should be
restrained by injunction from proceeding in an action of
ejectment for recovery of the laud at Kimberley.
Mr. Miner and Mr. Chapman were for the plaintiffs,
the company; Mr. Roupell and Mr. Follett for the de-
fendant, Thomas Bayes; and Mr. Walpole and Mr.
Chaundless for the executors of Lord Wodehouse.
The case was argued at great length, and occupied the
whole of the day, but it was finally ordered to stand over
until Saturday for further consideration, and Lord Lang.
&Ile said he would look at the pleadings.

COURT OF QUEEN'S BENCH, Nov. 23.

THE QUEEN V. THE CALEDONIAN RAILWAY COMPANY.-

MANDAMUS.

Mr. WATSON, Q.C., and Mr. HEW, appeared to show
cause against a rule for a mandamus to the defendants to
command them to complete their railway, in conformity
with the plans and sections which they had deposited
with the clerk of the peace pursuant to statute. It ap-
peared that disputes having arisen between the corpo-
ration of Carlisle and the defendants as to the con-
struction of a railway at Carlisle, and particularly with
respect to a road and bridge in that, city, negotiations
took place between the parties ‘viiiah ended in an ar-
rangement, on the faith of which the corporation with-
drew their opposition to the Bill, and it passed through
Parliament. Subsequently, however, the defendants
deviated from their arrangement, and made the bridge-
way 18 inches higher, and the road much more con-
tracted and irregular than had been agreed upon and had
been laid down in the deposited plans and sections. The
present rule was then moved for, and the Learned Gen-
tleman now contended that it must be discharged, be•
cause, although the words had not been constructed in
conformity with the sections, they had been constructed
strictly in conformity with the provisions of the Lands
Clauses Consolidation Act.
Mr. MARTIN, Q.C., (with whom was Mr. Gregg) was
contending that the company were bound by their agree-
ment and by the sections and plans deposited with the
clerk of the peace, when he was stopped by
The COURT, who ordered the rule to be made absolute.

POLICE INTELLIGENCE.
SOUTHWARK.

Yesterday James Sewell, a young man, the son of a
livery-stable keeper in the Strand, was brought before
Mr. Seeker, charged with attempting to evade the toll
on Waterloo-bridge, and flogging the toll-collector with
his whip.
George Dunman, the toll-collector on the Surrey side
of Waterloo-bridge, stated that on the previous evening
the defendant attempted to pass through the gate in a
horse and gig without paying the toll. Witness, how-
ever, succeeded in grasping the reins of the horse, and
called upon the defendant to pay, or he should still hold
on. The defendant made several ineffectual attempts to
drive on, but finding he could not succeed he commenced
flogging the witness with his whip, and continued to lay
it over his head and shoulders until further assistance
arrived, when his assailant was taken into custody.
The defendant said that he was in the constant habit
of passing over the bridge, both on horseback and in ve-
hicles, and that the toll•collectors knew him well; that
he did not pay upon all occasions, but settled with the
collectors wiL n the toll amounted to a considerable sum;
that he certainly did pass through the gate on the pre-
vious evening, intending to pay on another °CC:IMOD,
when his horse, which was a spirited one, was rudely
seized by the head, which might have been attended
with dangerous consequences to him ; and the com-
plainant r‘ fusing to let go, he certainly applied his whip
to him for the purpose.
The toll-collector said that tho deLniant was a
stranger to him, and that he never permitted him or any
other person to pass the gate without paying the toll, or
he would have to pay it himself.
Mr. SECKER said the complainant was perfectly jus-
tified in seizing the reins of the horse to prevent the de-
fendant from passing through the gate without paying
' the toll, and the latter had acted with considerable

violence to a man who was only in the performance of
an arduous and unpleasant duty. The magistrate then
inflicted a penalty of 403., together with costs, on the
defendant, and advised him to be more cautious in future
in the use of his whip when passing through toll gates.