The Sun.
London, England, 1846-12-01 00:00:00

exceptions pro forma, though he felt satisfied that the
Master was partly right and partly in error in his deci-
sion. lie consi,lered it better also to defer the further
considt ration of the case, together with the costs, till
after the heating of the entire case.

quiry came to witness, and he communicated the fact to
the solicitor of the company.
Cross-examined by Mr. Sergeant MunrnY—Ware-
ham did not say he was mixed up with Maynard. He
only said he had some information respecting Garratt
and Maynard in connexion with these robberies. He did
not say he lived in Maynard's house, or that he was in-
timate with that party or Garratt.
Davy, an officer of the police at the Pad-
dington station, was here called to prove the fact
of the plaintiff on the day of his apprehension being
taken to the station, and kept all right, but on being
called three times in Court, he did not appear.
Mr. Sergeant TALFOURD wished to explain that he
understood the witness was ill, and could not attend.
He wished this to be known, that it might not be sup-
posed the company had anything whatever to do with
his absence.
This was the case for the plaintiff.
Mr. Sergeant TALFOURD addressed the jury on the
behalf of Mr. Prance and Mr. Collard. His defence, as
far as Prance was concerned, was, that on the day May-
nard was taken up, he was at Nether Stoney, in Somer-
setshire, and could not have been one of the three in the
public-house. He was prepared to prove that, and also
to prove that the one of the three, supposed to be him,
I was another person. Mr. Prance had nothing whatever
to do with the conducting of the prosecution against
Maynard and Garratt, out of which the apprehension of
Wareham had arisen. Those prosecutions were con-
ducted on behalf of the Great Western Company. The
only position in which Mr. Prance stood in the matter,
was the fact that he had lost property worth 2,0001., and
that he originally entered into negotiations with May-
nard to recover his writing desk, which ended in the
apprehension of the latter, and the matter being taken
up by the Great Western Company. After that
he had nothing whatever to -do with the proceedings.
With reference to the gener'al defence of the two defen-
dants for which he appeared, the Learned Gentleman
called the attention of the jury to the robberies perpe-
trated by Maynard and Garratt. It had been clearly
proved that Garratt was the principal thief; that May-
nard, though ostensibly a house agent, was extensively
engaged in these felonious transactions, and had been
convicted for the same. When this was known, and
they found Wareham living in the same house with
Maynard, mixed up with his transactions, and actually
offering to give information respecting the felonious pro-
ceedings of Garratt and Maynard, did it not furnish a
strong presumption that the plaintiff was also connected
with them. This view of the question was further sup-
ported by the fact of Wareham endeavouring to act for
Maynard in several suspicious particulars. The Learned
gentleman recapitulated the principal facts of the whole
proceedings taken preliminary to the apprehension of
Maynard and Garratt. He considered it would have
been wiser to have taken the plaintiff and his wife at
once before a magistrate, so as to be relieved from all
responsibility on account of the apprehension; still,
under the circumstances, there were strong reasons for
justifying the course taken by the defendants. If
damages were at all to be given he submitted they should
not be more than a farthing.
Mr. Sergeant IdURPHY addressed the jury on behalf
of Mr. Nash. He admitted that his client was present
at the public. house at the apprehension of the plantiff,
but contended that he did no more than was absolutely
necessary for him to do in the case of a person suspected
of felony, which was to keep him in safe custody till the
following morning, when he would be taken before the
magistrate, and when the charges against him would be
fully investigated.
Witnesses were then called for the defence.
Three witnesses severally deposed that on the day on
which the apprehension took place, the defendant
Prance was 150 miles distant.
George E. Evans, one of the turnkeys of the Giltspur-
street Compter, gave evidence of interviews that had
taken place there between the prisoner Maynard and
the plaintiff, accompanied by a person who gave his
name as Smith.
Wm. Springet, another turnkey, gave evidence to the
same effect, and deposed that on the 7th of August
Wareham came with a person who called himself Smith,
but who turned out afterwards to be Garratt. On that
occasion certain proceedings took place at the interview
which led witness to suppose that they were connected
together, and that they gave addresses which subse
quently turned out false.

such meetings took place as those entered in the minute
books.

Mr. JAMES took an objection, in limine, to the exa-
mination of the company's officers or books in this case.
The acts of the directors. were the acts of the company;
and Mr. "Wray was one of the directors ; indeed the
proposition was " suicidal," for if Mr. Wray, through Mr.
Whitmore, the official assignee, svcceeded in proving that
the allotment of the shares was fraudulent, he made
his own estate liable, for it had been held in a recent
case, that if any allotment was made in fraud, the di-
rectors were liable. It had been urged that the proceedings
had been ♦uided through the non-attendance of some of
the directors, otherwise the whole object of the Act
might be thwarted by the deliberate non-attendance of
some of the parties. He had to contend that the act of
some of the directors sitting as a board was binding
on all.

QUEEN'S BENCH.-(THIS DAY.)

LIABILITY TO MAINTAIN A WIFE.—IEFFEREYS V. MAY.
This was an action to recover 78/. for necessaries sup-
plied by the plaintiff to the defendant's wife, namely,
board, clothing, and lodging, for a considerable period.
The defendant, who is a retired tradesman at Sheffield,
denied his liability on the ground that his wife had left
him without his consent, and that she had committed
adultery, and consequently forfeited all legal claim upon
him. They were married in 1826, but had had no
children. Mrs. May was a governess before she was
married. Mr. May had been previously married, the
issue of which was three children. For some time be-
fore the end of 1842 they had lived unhappily together,
they frequently quarrelled, and on these occasions Mr.
May often struck his wife. On one occasion he turned
her out of doors. In consequence of repeated ill-treat-
ment on his part she left hint in September, 1842, and
took up her abode with the plaintiff, who is a relation,
at Bristol, and who, up to the present time, had sup-
plied her with necessaries. The venue was laid in
Bristol, but had been removed into Middlesex in order
to obtain a speedy trial. The case had been tried before,
but the verdict was not satisfactory to the plaintiff.
Mr. CROWDER, QC. (with whom were Mr. Butt,
Q.C., and two other Learned Gentlemen), having stated
these facts, proceeded to deal with the defence set up by
the defendant, and with the law on the subject. No
doubt it would be set up on the other side that the de-
fendant had inserted an advertisement in some of the
.newspapers, cautioning persons not to give credit to his
wife, as she had left him without his consent ; but this
would not avail, as it had been expressly laid down that
if a wife was compelled to leave her husband on account
of ill treatment, and against his will, that such an act on
her part did not remove his liability to furnish her with
necessaries. In the case of Harris v. Morris, which was
similar to the one before the Court, Lord Kenyon held
that where a man sent his wife away from him, and could
not prove anything against her which would remove his
liability, he was liable to furnish her with the necessaries
of life. In that case the wife was turned out of doors,
and the defence set up was, that she had eloped, and
that her husband had advertised her in the newspapers,
and cautioned the public not to trust her. If Mr. May
really desired his wife to live with him, and she
had left him without his consent, the proper mode
to do so was to sue in the Coasistorial Court for a resti-
tution of conjugal rights, when the whole matter would
be investigated. In the case of Emery v. Emery, it was
held that if a husband required his wife to return to him
and she refused to do so on account of the ill-treatment
she had experienced, that the husband did not get rid of
his liability. He should show that the conduct of Mr.
May to his wife compelled her to leave him ; that he
had been bound over to keep the peace towards her ;
that after she had left him on account of his personal
violence, she offered to return, and went to his house for
that purpose, but he pushed her out of doors. Unless
adultery could be shown, and that she was not ill-
treated, and had no ground for leaving her husband, he
apprehended that the plaintiff was clearly entitled to a
verdict for such a sum as they thought she was justly
entitled to for keeping Mrs. May in clothes, board, and
lodging. The defendant was in good circumstances, and
was well able to support his wife ; 255. per week was
spoken of on one occasion, and the plaintiff charged at
that rate.
Mrs. Mary Wrang, wife of Mr. Wrang, a draper, of
Sheffield, examined by Mr. BUTT—She deposed that
she knew Mr. and Mrs. May, in consequence of residing
in the next house to them in Pond-street, Sheffield.
Heard her one day in January, 1842, cry for help from
the parlour. Saw her two or three hours after at the
kitchen door, when she observed that her face was
swollen, and that one of her eyes was very black. Some
time after she heard Mrs. May cry " Murder," and call
her by name for assistance. Went to the kitchen and
found Mr. and Mrs. May quarrelling. Mrs. May was
crying; her cap was torn, and her hair hung down her
back. Heard Eliza Jones, Mr. May's daughter, who
was present, say, " Many a man would have cut you up
into pie meat before this for less than you have done."
Mr. James May, his son, in coming across the yard
of the house, said, "Don't murder the woman.' She
did not interfere. They did not live long in the house
after that. Sometime after the occurrence in the kitchen

Mr. COOKE denied that the insolvent had ever sane
tioned the allotment.

The Learned COMMISSIONER said, if a co-director, co-
partner, or co-trustee assented to proceedings, directly
or indirectly, he must be bound; but if there had been
any fraud committed, he was not, and in equity was
entitled to an inquiry. It was now at issue whether
there had or had not been fraud, ai.d he was of opinion
the examination should go on. As it was to take place
in the Court, every one was at liberty to take notes as
far as they went, and in any way they wished, but it must
be understood no publication of the examination should
take place until after the proceedings had concluded, or
he would close the doors, which he had the power of
doing in that Court.
This discussion arose on the question whether the
notes should be taken as evidence if perjury was im-
puted.
The examination was proceeding, but, under the cir-
cumstances, cannot of course be given.

MARLBRO'-STREET.-(THIS DAY.)
Sarah Brook, and her two sons, Alfred and Samuel,
who were remanded last week on a charge of robbing
Mr. Deare, a tailor, 1, Leicester-square (the boy Alfred's
master), were brought up to-day for re-examination.
Several pawnbrokers attended and produced articles
which were identified by the prosecutor. None of the
pawnbrokers could identify the prisoners except Mr.
Syers, Drury-lane, who identified the boy Samuel Brook
as having pledged a piece of satin with him.
Mr. LONG said there was no case against the mother
or the prisoner Samuel Brook. He therefore discharged
them, and remanded Alfred Brook till this day week.

WORSHIP REET.—(THIS DAY.)
George Galloway, a youth, about 17 years of age, an
apprentice to a Mr. Wells, was charged with refusing to
work, &c.

Mr. Herbert Wells, ivory turner, No. 8, Britannia-
terrace, deposed that the defendant, who was apprenticed
to him abaut two years since, had out of that time ab-
sented himself for the space of five months, and on one
occasion witness was obliged to .bring him to this Court
for his bad conduct, and he was sent to the treadmill for
a month. Latterly, when any work had been given to
him, he merely laughed and jeered at witness, and said
that witness and the magistrate had done what they
could with him, but he cared neither for magistrate nor
master ; and rather than work, he would spend the
whole of his time in prison. It would be a charity if the
magistrate would cancel his indentures.
Mr. BINGHAN—Yes, to you it would be a charity no
doubt, but not to the rate-payers. You are under a bond
to keep him. However, I'll take ---
Here the defendant's courage entirely forsook him,
and he blubbered out, " I will, indeed I will, do the best
I can in future.

Mr. BINGHAM—Very well; I will give you one chance
more. If at the expiration of ten days you shall not
have given perfect satisfaction to your master, I'll try if
I can't bring you to a proper sense of your duty.

SALE OF RAILWAY SHARES BY
AUCTION.—(THIS DAY.)
The sale of railway shared, to-day, at Messrs.
Dimond and Co.'s, went off with spirit, and the better
descriptions of registered shares sold freely at full quota.
tions. The following are a few of the principal sales
London and Manchester (Remington's)...£o 9 • 0
Madrid and Valencia. 1 1 0
Leicester and Bedford
Eastern Counties, York Extension ......
Newry and Enniskillen .... ...... ........ • 0 19 0
Shropshire Union and Canal
Churnet and Blythe
Sambre and Meuse
London and South-Western, Tenths 5 10 0
York and Carlisle (scrip) 1 4 0
Shrewsbury and Birmingham 5 5 0
London and Blackwell, New . 4 7 0
Paris and Lyons 4 18 0
Vale of Neath 1 8 0
Great Luxembourg

Thoinas Tricker was examined by Mr. Ser-
geant TALFOURD as to the circumstances under
whieh Wareham and Maynard lived together in
Hoyland-street. On some occasions Wareham ap-
peared as landlord, and on others Maynard.
On most occasions, however, when he called at the house,
Mr. Wareham appeared as the managing party. Wit-
ness recollected Maynard being taken up, and saw Ware-
ham two days after. He then told witness that " May-
nard was taken up, poor fellow, and that he did not know
whether he was guilty or not ; but that if he was, there
were many others also." He ikewise told witness about
the writing-desk left in the house by Maynard, which
he stated to contain a great deal of property. May-
nard had told plaintiff to take care of it if anything
happened to him, and that when the officers were in the
house the plaintiff and Garratt took it away and
left it at a public-house. The desk was stated
to contain many duplicates and valuable docu-
ments. He promised witness, who was acting for
the proprietor of the house, that he would deliver up
what documents he had any claim to, if he gave him
some money for them. Witness subsequently was shown
a large handful of duplicates, whieh plaintiff said he had
taken from the desk, and which he offered for sale. He
had some conversation with Wareham the day after he
had been taken to the Great Western station. Mrs.
Wareham was present. He said " he did not care a

Mrs. May came into her house, about eight o'clock at
night. She was composed, and said Mr. May had turned
her out, and asked permission to stop until Mr. May
became less cruel. She remained until ten o'clock, when

she left. The next night she heard a disturbance,
and found that Mrs. May had brought a
policeman, in the hope that his intervention
might obtain admission for her to her husband's
home. She did not know whether she succeeded in her

object that night. She might, however, have obtained
admission, as a short time after she left the house and

Direct Northern (scrip) 2 0 0
Derby, Stafford, and Worcestershire
Great Northern ....
South Wales

never returned.

Cross-examined by Mr. MARTIN—Did not know the
came of the policeman, or whether he was in attendance.
Mrs. May did not break any windows on the night in
question. She left in September, 1842. She had a ser-
vant part of the time, but she could not recollect her
name. Did Rot think she was in the habit of going out

MARKET INTELLIGENCE.
(From the London New Price Current of December 1.)
SUGAR.--To-day although importers of West India Sugar
of every kind were desirous to realise, and submitted to a re-
duction on the rates of Friday, of is for brown, inferior
yellow, and grey, and 6d per cwt for the better qualities of
yellow and grey, still all kinds were purchased with caution
for the scale and pan, the private operations amounting to
only 250 hhds and trcs. The parcels offered at public sale
were only in part sold at a fall on last week's rates of 6d to
ls, the decline being more apparent on the lower sorts.
REFINED.—To-day there was only a limited demand for
Refined goods from the home trade, and lower rates were
taken, that is to say, 61s for brown melting lumps, 62s to 62s
6d for brown grocery, and 63s to 63s 6d for standard lumps.
Bonded crushed Sugar was purchased with increased freedom,
and prices advanced from 33s to 33s 6d per cwt for first
quality.
MATIZITIUS.—This afternoon the quantity offered at public
sale amounted to 5,437 bags, but little desire was manifested
to operate, and a part only sold, although a reduction en
former sates of 6d to is per cwt was submitted to.

at nights, northathersi.ster, Mrs. Wortley, kept a ptihlic-

house in Sheffield.

Ile-examined—Had known Mrs. May for nine years,
and never knew anything against her character.
Mr. John Arnold, of Sheffield, deposed that in Sep-
tember, 1842, the defendant and his wife lived at home,

stud that some talk took place in his presence with re-
spect to Mr. May allowing her some maintenance.
Mrs. May said, " Thou knows that it is no use putting
thy name to this paper, as thee does not intend to stick
to it." He said she might either consent to it or not, as
he should not live with her any more, and she consented.
She upbraided him withcruelty, and with turning her out
of doors almost in a state of nudity. He accused her of
leaving him, and of going to places against his consent.
The agreement was to allow her 201. a year, and be paid
two instalments to him (witness) which he handed to

- about it. lie had had plenty to eat and drink, and
a half-crown when he lett, and that was more than he
would have earned at home."

Examined by Mr. Sergeant MURPHY, for Mr. Nash—
On one occasion, when speaking to Wareham about the
papers in the desk, plaintiff said the property in it was
of great value, and that if the officers got hold of the
documents it would play the greatest mischief with him.
Cross-examined—The property of Dr. Rogers, to
whom the house belonged, was furniture, and china and
glass ; there were also some duplicates belonging to the
doctor. He had told the story he had stated that day
over and over again to Mr. Nash. He had been with
that gentleman four or fire times.
Arthur Spencer said he was a dealer in marine stores
in Paddington. Had known Maynard for two years
prior to his conviction. Did not know. Wareham till he
went to live in Hoyland-street. Maynard had lived in
Hoyland-street about four months before his apprehen-
sion. On several occasions when witness called there be
saw Wareham. On one occasion he met with Wareham
at the King and Queen public-house, and the latter then
stated Maynard was only a lodger, and that the house
was his. He had some conversation with Ware-
ham after Maynard was taken up, and he
stated the facts about the writing-desk, and
said there was the deuce to pay at home.
After Maynard had been examined at the Guildhall
witness was told by plaintiff that he had received a
letter from Maynard, wishing him to act as his agent
and look after his wife and family. Wareham said he
would not do anything without money, and that he
would not give up the writing case without a sum was
paid him. The witness gave the details of other inter-
views with the plaintiff which went to show that he was
intimately mixed up with the proceedings of Maynard
and Garratt.
The cross-examination did not materially affect the
evidence in chief.
Joseph Halfpenny, landlord of the Bell public-house,
in Tichfield- street, deposed generally to conversations
with Wareham about Maynard's affairs, of a similar
nature to those referred to by the previous witness. He
also gave evidence that Garratt, on one occasion, left a
leather portmanteau in his custody till he or Wareham
called for it, and that about three weeks after the plaintiff
called and took it away.

Mrs. May. Mr. May was a mail of considerable pro-
perty; he had been in the button trade; he lived re-
spectably, and like a man of property.
By Mr. MARTIN—Knew that he was a man of pro-
perty from himself. He believed he did not keep a
servant, and that his daughter did the household
work whilst they lodged with him for about a year.
(The case was proceeding when our report left.)

EAST INDIA.—This afternoon three-larcels of Bengal
Sugar, amounting to 5,201 bags, were brought to public
sale; merchants were inclined to realise, and submitted to a
reduction on former rates of 6d to is per cwt, but nearly the
whole sold. This afternoon, at public sale, 74 puns of new
St. Vincent's Molasses were taken in at 225.
For:max.—This afternoon there was little desire evinced
to operate in Foreign Sugar, and 123 2i-cases and 10 bar-
rels of Bohea at public sale were only in part sold at rather
lower rates, middling greyish white went at 50s, low 48s 6d,
fine yellow 47s to 47s 6d, good 465, middling 45s to 45s 6d,
low 44s to 455, good brown 435 6d, washed 358 to 455 6d
per cwt.
COFFEE.—This afternoon Plantation Ceylon Coffee met
with increased attention, and 2,051 bags 81 casks at auction
lei m 3 Gi
limited dt
were sold at full prices, viz.—mid greyish Demerara kind at
58s to G 45, low mid 54s to 575, fine fine ord 49s to 535, fine
to
oea 49s.be rryNsaotsive to
w 62
was
6o dn, only
triiang
ord 46s 6d to 48s, good ord 44s to 45s 6d, ord 41s to 42s 6d,
300 bags at auction were all taken in at 37s for good ord pale,
which was the former value.
TEA.—To-day there was only a moderate business trans-
acted in Black or Green Tea, but holders were firm, and in-
o4os,damaged 35$
demand and
privately, and
in-
sisted upon previous rates : common sound Congou for cash
was not to be obtained under 10d per lb. Letters have been
received from Canton to the 25th September; the shipments
for England up to that period, in round numbers, were
8,000,000 lb, against 13,000,000 to the corresponding period
last year ; the deficiency consisted of about 4,000,000 lb in
Congou and 1,000,000 lb in Scented Teas.
RICE.—To-day there was no public sale of East India Rice,
and the few parcels sold privately were at barely former rates.
FRUlT.—Although the quantity arrived has been immense,
still prices rule high, the trade operating largely. Patras
Uurrants 56s to 575, Zante and Cephalonia 555. Of Musca-
tels there are free sellers ,sad of Turkey Figs some of the im-
porters seem determined to force sales at almost any price.
Valentia Raisins of good quality in demand at 465, but for
the out of condition and interior sorts there is a dull sale.
INDIGO.—For East India there has been a good export
demand for all sorts, and the home trade have been pur-
chasers to a fair extent. The rates paid show an advance
ponartthlyosdeisopfetsheedloasf at fullytquarterfloyrmsaelresraotfes.2d to 3d for Bengal and
Madras. At public sale 68 serons of Guatemala Indigo were
CocnnizAL.—This afternoon the quantity offered at public
sale was large, and amounted to 165 bags, all Honduras, but
the demand was less active, and a part only sold at former
rates.

BAIL COURT.-(THIS DAY.)
FLANDERS V. SIR It. BIINBITRY.
This was a special case, the object of which was.to
ascertain whether certain lands in Suffolk were tithe-
able under the provisions of the Tithe Commutation Act.
The arguments were not concluded when the Court
rose.

EXCHEQUER.-(THIS DAY.)
CUSTOMS FRAUDS —THE DIAMOND TRADE—THE
ATTORNEY• GENERAL V. ALLEN.
This was an information filed by the Attorney-Gene-
ral against the defendant, for having in his possession a
large quantity of diamond rings and other articles of
jewellery, alleged to be of foreign manufacture, and upon
which the duty had not been paid.
The defendant carried on business as a pawnbroker
in Clare-street, Clare-market, and the goods in question
were seized by the Custom-house officers upon two se-
parate occasions, in consequence of information given to
them by a female servant residing in the house of the
defendant.
The Attorney-General, Mr. Watson, and Mr. Pearson
appeared,on the part of the Crown ; Mr. Montagu
Chambers and Mr. Wordsworth for the defendant.
On the part of the Crown witnesses were called to
prove the seizure of the goods from the house of the de-
fendant. Several jewellers were also called, who gave it
as their opinion that the articles were of a foreign
fabric, and got up for the purpose of "rigging" the
trade.
At the conclusion of the case on the part of the Crown,
Mr. M. CHAMBERS addressed the jury on behalf of the
defendant, and proceeded to call,
Mr. Hickman, working jeweller, of Rawstorne-street,
c.CilLeirukhenwell, who proved that he had himself made the
also g-i:ve—ev-i=Of thee-;;Trellers ia—Viii-ii;eiejnYmedadheyull=
the premises of Mr. Hickman.

John Davy, an appraiser in Union-street, gave evi-
dence to the same effect about conversations with Ware-
ham. On one occasion the plaintiff mentioned the
writing-case, and said Collard and Nash were in search
of it, but that he would take very good care of it.
llenry Avery, clerk of the Central Criminal Court,
produced the convictions of Garratt and Maynard.
Mr. Serjeant WILKINS submitted that these convic-
tions were irrelevant, as they only proved the conviction
wail aaa auv, csutl a.vuttl iiv, UC tukcia as
proof of the felony as applied to the case of a third
party.
Mr. Sergeant TALFOURD contended they were not
irrelevant, and should be taken as evidence of the felony
committed.
The LORD CHIEF Jusnen-referred to the case of the
Irish Society, on behalf of which he appeared before the
House of Lords. On that occasion a similar point was
raised, and it was decided that such could not be re-
ceived as evidence against another party. The con-
victions, therefore, might be received as proof of the
fact of the decision of the Court, and for any collateral
purpose arising out of that, but not as evidence of the
fact that felony was committed by the parties in question.
Mr. Vandyke Lawrence, deputy governor of Millbank
prison, deposed to Garratt being delivered to him, and to
taking him with 199 others to Woolwich.
Henry Masterman proved receiving Daniel Garratt on
the Bth of December, and placing him on board a convict
ship then bound for Bermuda.
Mr. Evena, a clerk in the criminal department of the
Home-office' put in a return from Bermuda, stating the
arrival of Daniel Garratt there.
The Clerk of the Court here read a rule which had
been obtained, empowering the Master of the Court, or
coGoemr
rmaitsts,i
sinceoners ,hiifs that v
iwc
teireennot
ia prrealcattiicoanb et,o t
hexamine
e
proceedings.
embracedexaminatione o
wf
hGoalrer apt
rt
owc ae
es
dni
he
gx
st rreeal de
ge xt toe ntshoe,
which
e
stealing of the writing-case. The substance of it went
to show that Maynard and Wareham had acted to-
gethern e s ses examined
xn a
mthe n
ed
on
this transactionp
point
about
today—that the wr ti n g
Wareham
a saer.
o;ahse r
privy respectsin a itg reat measure
corroboratedeasu r e t
othe h
ee vniadteunrcee
of
ff
tthhee
pro-
perty, pertv, and that it had been feloniously obtained. ehalmn
The case was then adjourned till to-morrow

SALTPETRE.—Rough has attracted attention, and the par-
cels disposed of priva wan
were at rather hizher Prices, The
supply at market Is less an It was. At auction 400 bags
Calcutta were disposed of at 255. 6d for good middling grey
rather damp small chystal, 7 per cent refraction. English
Refined has been in excellent request, and prices rule
Prices are firm for Nitrate of Sodas
OILS.—The supply having increased of Southern Oil, and
the home trade purchasing all descriptions with caution,
whilst there are few export orders, a decline in the value of
15s to 20s per tun has taken place, and holders are evidently
inclined to realise, although there is not a large stock here,
and the consumption being good. At auction 100 tuns were
disposed of, fine quality at 29/ to 291 ss, and good 281 lOs
per tun.
TALLow.—lmporters of Russian are still desirous to realise,
and have submitted to a further reduction ; on the spot, how-
ever, a large demand has been experienced, but there are
sellers of fine Petersburgh yellow candle at 47s 9d to 48s per
cwt. For forward delivery very few contracts have been
entered into. Town Tallow is in good supply, and there are
sellers at 49s to 49s 9d nett cash, although the consumption
is diminished.

The ATTORNEY-GENERAL said, that after the positive
evidence which had been given on the part f the
defendant, he should consider it his duty not to Iro3ed
any further in the case. He considered, howet er, that
there were sufficient grounds for the seizure of the
articles, and requested the Lord Chief Baron to cmtify
to that effect.

His LORDSIZIP took the same view of tI e q iestion,
lnd the jury accordingly returned a verciet for the
defendant.

COMMON PLEAS.-(THIS DAY.)
WAREHAM V. PRANCE, NASH, AND OTHERS.-THE GREAT

THE LONDON GAZETTE.
(THIS EVENING.)

WHITEHALL, NOVEMBER 28, 1846.
The Queen has been pleased to direct letters patent to be
passed under the Great Seal of the United Kingdom of Great
Britain and Ireland, nominating, presenting, and appointing
the Venerable Walter Augustus Shirley, M.A., to the
bishoprick of the Isle of Man and Sodor, void by the trans-
lation of the Right Reverend Father in God Doctor Thomas
Yowler Short to the see of St. Asaph.
WHITEHALL, Nov. 30.
The Queen has been pleased to present theßveave.Jtolblyn
Keillor to the church and parish of North Ronaldshay, in the
tphreesb resignationyt presbytery of North
theß
Isles
ev. and
Robertcounty
wa
uogf
h. Orkney, an
WAR-OFFICE, DEC' 1.:
10th Light Dragoons—Lieutenant Thomas Tristram Spry
Carylon, to be Captain, by purchase, vice Tomline, who re-
tires ; Cornet John Walrond Clarke, to be Lieutenant, by
purchase, vice Can yon ; Edward Stacey, Gent., to be Cornet,
by purchase, vice Clarke; Dec. 1.
Ist, or Grenadier Regiment of Foot Guards—Lieutenant-
Colonel Arthur Augustus Thurlow Cunynghame, from the
13th Foot, to be Captain and Lieutenant-Colonel, vice Stuart,
who exchanges; Captain Henry Caldecot, from half-pay 2d
Dragoon Guards, to be Lieutenant and Captain, vice Pen-
leaze, promoted ; Ensign and Lieutenant William Drogo
Viscount Mandeville to be Lieutenant and Captain, by pur•
chase, vice Caldecot, who retires; John Davie Ferguson
Davie, Gent., to be Ensign and Lieutenant, by purchase,
vice Viscount Mandeville, Dec. 1.
Ist Foot—George Rowland, Gent., to be Ensign, by pur-
chase, vice Williams; who retires, Nov. 30; Henry Howard
Barber, Gent., to be Ensign, by purchase, vice Deane, pro-
moted in the 63d Foot, Dec. 1.
13th Foot—Captain and Lieutenant-Colonel Charles
Stuart, from the la or Grenadier Regiment of Foot Guards

BANKRUPTCY.—(TAIIS DAY.)
(Before Mr. Commissioner FONDLANQUE.)
CLOSING THE COURT—IN RE WRAY—THE TORBAY
RAILWAY COMPANY.
This was a case of insolvency. The insolvent had been
a director of the Torbay Railway Company, and to-day
was appointed for the examination of the secretary and
others connected with the company, and the production
of books, &c. on behalf of Mr. Whitmore, the official
assignee, to investigate the liability of the insolvent as
such director.
It appeared, that tho railway company had been
formed in 1838, but subsequently, the money raised not
being sufficient for the proposed scheme, some of the
directors allotted other shares, and the questioh now was
how far the insolvent, or his estate, was bound by the
acts of the other directors. It was alleged that insolvent
was not present at the meetings, and :that, in fgot, no

THE SUN, LONDON, TUESDAY EVENING, DECEMBER 1, 1846.

THE HIGHLANDS BEFORE THE
ERA. OF POTATOES.
(From the Inverness Courier).
The most correct, and certainly the most lively and
interesting account of the Highlands, prior to the re-
bellion of 1745, is contained in the " Letters from the
North of Scotland," understood to be written by Cap-
tain Burt, an English officer of engineers, who was sent
to Inverness in 1726, and resided here for some years as
a superintendent or contractor in the formation of the
military roads. This gentleman expresses his regret
that the potato had not been introduced to the north.
Desirous to know the probable period of its introduction
and the general condition of the people before it was
known amongst them, we have consulted our old towns-
man, John Maclean, now in his hundredth year. John
was a tailor, often employed in town and country, in
working for families at sixpence a day ; and the infor-
mation which, in his youth, he could not fail to acquire,
his tenacious memory still retains. Tailors, according
to Ceharles Lamb's humourous essay on the profession,
seldom take that light and cheerful every day-interest
in the affairs and goings-on of the world which
makes the barber such delightful company. The
country tailor, however, must be considered an
exception from his sedentary brethern in the town,
especially when he was wont to perform his circuit round
the country-side, and gather news in hall and cottage.
Like most old men, our venerable chronicler thinks the
present race has sadly degenerated. The people, he
says, lived much better, were healthier, and attained to
a greater age in former times than they do now. Sea-
sons of famine and suffering no doubt sometimes oc-
curved, and were very severe ; but in ordinary years
the people had more command of the necessaries of life,
and, in their homely way, were more comfortable and
contented. Potatoes, John says, were first planted and
raised here about the year 1756, by " William and San-
ders Dawson, the gardeners." They did well in the
orchard grounds, and some of the neighbours (John
Maclean's father amongst the rest) began to plant a
few. It was long, however, before the potato became
general. "We did not plant many," said John; "it
was a rare thing to have the last of them for dinner on
Christmas day ; and before that only one or two diets
of them would be taken in the week. They were mostly
kept in a corner of the Muckle hist, and when they
were done the people seemed nowise disappointed."
The daily food of the common people consisted of oat-
meal porridge, with milk or beer, for breakfast. For
dinner they had sowens (which we may inform our
English friends is a sort of pudding, very palatable, made
of the fine flour remaining among the seeds of oatmeal)
or kail, with bannocks of barley and peasemeal, and
sometimes fish. The supper was always formed of
porridge and milk. On Sundays there was generally
something extra ; butcher-meat was then cheap, and
seldom sold by weight as it is now.- The "big pot"
with the broth was put on the• fire in good time on Sa-
turday, as all manner of cooking was strictly avoided on
the Sabbath. A bare or black-cock could always be had
in winter. Nothing was sent out of the country but the
cattle which the drovers took south. Everything was
cheap. " How could it be otherwise' "said John, " when
Donald Cameron and his wife, one Friday forenoon, at
the market, bought a leg of mutton, a peck of meal, and
a cart of peats, all for elevenpence, and to make up the
shilling he and the guidwife had a gill of Hollands for
the other penny." Salmon was generally plentiful in
the season, and could be had at about a penny a-pound.
A similar statement is made by Captain Burt, who men-
tions that he had often seen above a hundred large
salmon taken out of the Ness at one haul. He adds—
" The meanest servants, who are not at boord-wages,
will not make a meal upon salmon if they can get any-
thing else to eat. I have been told it here, as a very
good jest, that a Highland gentleman, who went to
London by sea, soon after his landing, passed by a tavern
wbere the larder appeared to the street, and operated so
strongly upon his appetite that he went in--that there
were among other things a rump of beef and some sal-
mon : of the beef he ordered a steak for himself, ' but,"
says he, let Duncan have some salmon.' To be short,
the cook who attended him humoured the jest, and the
master's eating was eightpence, and Duncan's came to
almost as many shillings."
John Maclean states that little or n 6 whisky was in
his early days drank by the townspeople, who preferred
good ale, which they bad at threepence the Scotch pint.
The usquebaugh would appear, however, to have been
common in the country ; for Burt mentions that some
of the Highland gentlemen—the tacksmen or duinhe-
wassals—drank it to excess. Old John recollects dis-
tinctly the first time that he participated in the luxury
of drinking tea. The Magistrates were much against
the introduction of tea, as they derived a revenue from
the sale of ale in the burgh ; but the forbidden hove
rage crept into use among the ladies, and from them
descended to the common people. John was invited to
a rustic party, at which a number •of women were as-
sembled. They sat round the ingle, and handed about
the tea in a wooden cog, and the " tailor laddie " on the
" creepy stool " got his share of the rare drink, though
he was far from relishing- it. "It had a wild, harsh
taste," he says, " for it was just boiled in a pot, the
same as kail or other herbs ; there was not a kettle in

the whole neighbourhood, excepting one that
Mrs. Ogil-
vie had." The towns-people of that day acted strictly
on the maxim of " early to bed and early to rise."
By nine o'clock in the evening almost every light was
extinguished, and they were all at work again by skreigh
of day. To the old man's recollection—though in such
matters the memory is apt to be treacherous, and to
dwell only on the pleasant parts of the picture—the
people then bad more kindliness and confidence in their
intercourse with each other than is the case at present.
Business was mostly transacted and bargains made by
" word of mouth," or " thumb to thumb" (touching each
other's thumbs; as we see men now shake hands on
closing a bargain). He recollects horses and cattle being
bought and sold thumb to thumb, and the terms of sale
were always faithfully attended to at the appointed time.
The one or two lawyers in the'town were but poorly em-
ployed, and bankers' bills were never thought of by or-
dinary persons. There was only one baner here,
and while he attended to his other business (which
he considered more important than the bank
matters), his lad was left to act as cashier,

teller, and accountant. "Changed times now !" said
John ; " but though the folk were poor then, they were'
better off than they are now. They were more contented
and not so pinched. There were fewer of them, for I
knew every man in the town, and their dogs too." It is
amusing to contrast John's reminiscences with the de-
scriptions of Captain Burt. To his English tastes and
ideas of comfort, the people here seemed steeped in hope-
less poverty—idle, dirty, ill-clad, destitute of trade, their
houses, furniture, and implements of all kinds of the most
wretched sort ; the servants oppressed by the masters,
and the lower classes generally not half-fed, and pos-
sessing neither spirit nor emulation. We are disposed,
however, to believe with old John, that at least
among the frugal and thrifty of the poor, there
was less actual want, eighty or ninety years since,
than is now to be found. There was not such a crowd-
ing and struggling for the bare means of subsistence.
Their standard of comfort was humble enough,- but
they seldom fell far below it. The natural products of
the river, the wood, and the moor, were not so jealously
guarded, nor the rights of property so rigidly upheld.
The subdivision of labour caused by increasing civilisa-
tion and refinement of taste, the invention of machinery,
and the greatly enhanced value, of land, have cut off
many sources of livelihood and support which, in a more
rude and primitive state of society with a scantier po-
pulation were open to all classes.
In the country, the condition of the Highland crofter
and labourer was always a precarious one. Of course,
when clanship was in full vigour, much depended on the
character of the chief, who was regarded with Oriental
submission, and more than Oriental fidelity and attach-
ment. The military and predatory spirit was too widely
diffused for the successful cultivation of the soil. When
the system of clanship declined, and the chief had no
amhition for a large " following," the 'tacksman or
middleman became of more importance. The Gartmore
manuscript, written in 1747, and first published by Sir
Walter Scott, describes the state of the Highlands, after
the Rebellion, as wretched and disorderly in the ex-
treme. A creagh, or foraging expedition, was a common
occurrence, and black-mail was regularly levied on the
borders and low country. There was no employment
for the people, and they NI ere driven to desperate
courses. The agriculture, the pasturage, the fishery,
and all the manufactures in the country could bo suffi-
ciently managed, this writer states, by one-half of the
population :
" The poverty of the people is occasioned and conti-
nued by a custom that is presently in use, and hath long
continued in that country, viz., the practice of letting
many farms to one man, who again subsets them to a
much greater number than they can maintain, and at a
much higher rent than they can afford to pay."
The rent was often paid in kind or in labour, so that
the tacksman had the business of his own farm per-
formed—his corn reaped and ground, his hay lands
cleared, and his fuel prepared, by his sub-tenants, be-
sides sometimes, from their payments, sitting rent free
himself. One paid in money, another was bound to
shear a given number of stooks, another to lead seaware,
or spread peats, or make hay, while some widow or aged
cotter furnished a certain number of hens and eggs.
There was room for both good and evil is this system,
but it was a bar to agricultural improvement. The tacks-
man sat easy and had no motive for exertion. He was
generally of a good family, allied to the chief, and
possessing his confidence. The crofter had enough to do
to scrape up a subsistence. His scanty crop of oats or bar-
ley was often destroyed by frost and mildew, which hung
about the undrained lands like a perpetual pestilence. His
servitude to the tacksman, or the pursuit of illicit distilla-
tion, occupied much of his time, and hence the management
of his croft frequently devolved on the females of the
family. Many of the young men entered the army, and
in their native regiments proved as brave soldiers as
ever charged an enemy. The people were generally
congregated in small towns, or townships, each com-
posed of a number of tenants who were sometimes
bound jointly and severally for the payment of the whole
rent of the district. They held the land in common, in
small patches ; and it was without difficulty that
the present system of independent holdings, each occu-
pierhaving hiso lotwn
country.
direct frocmapthteeinprßouprritetogri,vewsaas
established over the
ofgraphicalercncovunntessre about .
sohnieofthoest theeru yearral towns
1730 :
ownsasLhey ap-
peared in
"A Highland town, composed of a few huts for dwel-
lings, with barns and stables, and both the latter are of
a more diminutive size than the former, all irregularly
placed, some one way, some another, and, at any dis-
tance, look like so many heaps of dirt; these are built in •
glens and straths, which are the corn-countries, near
rivers and rivulets, and also on the sides of lakes, where
there is some arable land, for tho support of the inhabi-
tants; but I am now to speak of the manner in which
the lower order of the Highlanders live, and shall begin
with the spring of the year.
" This is a bad season with them, for then their
provision of oatmeal begins to fail, and, for a supply, they
bleed their cattle, and boil the blood into cakes, which
together with a little milk and a short allowance of