The Sun.
London, England, 1846-04-03 00:00:00

S II Ny

APR

-
the Sonnambula, in whfeli' Madame o':j n, aeletnina,
gave the exquisite flnale,'ariel the. 'extpildftg. aria
which immediately preedes it, abd , for soth unac-
countable reason, IS invariably (Mate. on the Englisli stage,
'with a taste and it pathos that left"neotAing to be desired.
The ballet of Eoline 'concluded thy• evening's amusement.
House•was crOlvdediu everytart":"°` 4

•1 R AZIlb
TRIAL FOR TIIFf. 'tji.l3444,E„MR. CLARKE.
Duntts, Arstitt,,l,z: a 41 ohP#Acia Rice, and Patrick
Hayes, for the nlpfder. C I ar4^,osas resumed at Nenagh
(North Tippew):osiites,, on Tuesday morning, having
occupied theiCgartjrqm the previous Tuesday.
After Mr. 34rtley,Q.C., , closed his reply for the
Crown, Mi. Just*, 4144, At, twelve ,o'clock, proceeded to
charge the jury, wb bad retired at. post hour to consider
their verdict. ja gale that a letter has been received in
town, announciLA 04- the jury returned a verdict of guilty
against both prmanets 6but we are unable to state that such
is the fact. •

• .4 tIIE ARMY.
The Banner of IT,stel; msys--" Recruiting has not been so
brisk in this Rrpyinee for many years past as at the present
time. We understand that Lieut. Clarke, of the Royal Ar-
tillery, has a batch of C3rtv strapping recruits to send off."
3IR.'.GEUR,ARD'S TENANTRY.
The- Following statement from IKr. Gerrard, appears in
Saunders's News Letter :

"My attention has been lately called to the statements
which have appeared in certain newspapers relative to the
dispossessing of a number of persons from my estate in the
county of Galway, on the 18th instant; and as those state-
ments are much at variance with the truth, I beg leave,
through the columns of your journal, to set forth the true and
simple facts of the case. .

"There is a denomination of my estate in that county
known by the name of Bailinlass, comprising about 300 acres
Irish plantation measure of prime upland, with upwards of
50 acres of bog. In the year 1827 thirty persons sent me in
a proposal in writing to become my tenants, at a rent of
I/. 10s. an acre for the upland (nothing for the bog). I kept
that proposal, allowed those thirty persons into possession
under it, and received from one (the principal of them) the
rent half-yearly, up to the Ist of March, 1842.
"In the period intervening between the.);ear 1827-and the
Ist of March, 1842, those 30 tenants sublet considerable por-
tions of the lands to about 40 miserable persoas, from whom
they exacted, in some instances, a rent of 2/., 2/. 10s., and
even 3/. an acre. I did everything I could, at all times, by
remonstrances, to prevent the subletting; and to stop it if
possible I invariably insisted upon the full rent being paid by
the principal of the 30 tenants, and never, in any instance,
recognised or received rent from the undertenants.
"The September rent of 1842 having been demanded in
the usual way from the original 30 tenants, they, one and
all, refused to pay it, alleging that they would only pay the
rent of the portions of the lands then in their actual occu•
pation ; and as their undertenants were unable to pay any
rent, that I should settle with these undertenants as best I
could. The same answers were given to the demand for the
rent of March and September, 1843, and March, 1844.
"Accordingly, I was forced to bring an ejectment in
Easter Term, 1844, against those lands for non-payment of
rent, which ejectment it was impossible to serve on the
parties by reason of their violence and lawlessness ; and the
Court of Queen's Bench, in consequence, dispensed with the
usual services, and substituted another mode of effecting
them. At length the parties took defence, and 1 was
obliged, at a great expense, to have the case brought to trial
at the Summer Assizes of 1844 for the county of Galway.
The defence at the trial was, that I did not sign the pro-
posal of 1827, although I let the parties into possession, and
rent was paid by them under it from 1827 to March, 1842.
I, however, obtained a verdict, the jury having found that
there was 708/. 10s. 9d. rent due to me by the defendants to
March, 1844, subject to the point of law as to my non-signa-
ture of the proposal.
" In the Michaelmas term of 1844 that point of law was
argued in the Queen's Bench in Dublin, and the Court having
felt some difficulty in deciding it, sent the case to a second
trial, for the purpose of having that question brought before
them in a more comprehensive form.
" An eminent Queen's Counsel having advised me that I
should succeed upon the point of law, the second trial took
place at the Spring Assizes of 1845, with precisely the same
results; and the same point of law was again brought before
the Queen's Beach. Pending all this litigation the arrears of
rent were increasing, but not one farthing of rent was paid,
although the lands were regularly cropped in the meantime,
and the money, the produce thereof, went in part to sustain
that expensive litigation, and the residue into the pockets of
the defendants.

" In this state of things, on the 15th of September, 1845,
with a view of putting an end to the litigation, I sent a pro-
fessional gentleman from Dublin to have an interview with
the defendants, and to propose to them on my behalf that
they should be forgiven the large arrears of rent and the costs
then due—be allowed to take the crops then in ground free
of all rent, which crops at the time were valued at 7001.
or 800 L—and be allowed to remain in undisturbed posses-
sion of their houses and lands until the Ist of February,
1846, provided they should agree then to give up the posses•
sion thereof. They did, at that time, agree to all this in the
presence of their attorney, and they then signed a consent
to that effect, bearing date the 15th of September, 1845. I
have ever since faithfully acted up to every part of that
agreement ; how the defendants acted since I shall now pro-
ceed to show.

"Towards the latter end of February last I sent the same
gentleman again to the lands, to see'when the possession of
them, pursuant to the said consent, would be given up. He
remained in the neighbourhood for a month, short of a few
days, ani during that period he afforded men, horses, and
carts, at our expense, to such of the persons as desired to re-
move off their lands their provisions, manure, the furniture
of their houses, and, in short, everything that belonged to
them. Several of the people did accordingly move away,
others remained, and not only would not leave, although some
of them had provided houses elsewhere, but in the teeth of
their own consent, they collected a sum of money for the
purpose of consulting an attorney, which they did, to see if
they could offer any further legal opposition to giving up the
possession of the lands, and thereby, as they declared, exact
money from me.
" It was not until every other means had failed that the
sheriff, with his force, was brought to the lands on the 13th
instant (six weeks after the time agreed on for the posses-
sion being given), and ha gave me the possession of all the
lands, but two houses, and their holdings; a number of per-
sons in my employment attended for the purpose of assisting
the people to remove, and take down their houses after the
possession should be given, which they did. The timber of
the houses was carefully taken down—very little, if any of
it, was broken, and the people were allowed to take it away.
There were two sick families, and only two, on the lands.
By my orders a doctor was fee'd, and was brought to see
them. He certified they were unwell ; and not only was the
posatssion not taken of their houses, lands, or holdings, but
no person was allowed to approach them, and they remained
in their houses on the lands ever since, up to Saturday
night last.

I have been informed, and believe, that no accident of
any kind happened to any person while the possession was
being taken; and the statement that a child was killed in a
woman's arms is a falsehood. It is impossible such a thing
should have happened without my knowing it. •
" I have been so credibly informed of all that took place,
that I assert confidently that the people who were dispes-
sessd were treated with the greatest kindness and consi-
deration by my agent, and those acting under his orders, at
all times prior, subsequent to, and during the taking of the
possession, and several of them at the time, and since,
thanked him for so treating them. There were five widows
(of the original thirty tenants) on the lands, to whom I gave
4/. each, after they were dispossessed. The rent, up to the
Ist of March instant, which was due out of the lands,
amounted to 1,602/. 18s., besides poor-rates, county rates,
and the costs of the proceedings.
"It has been also stated that I turned out tenants who
held another part of my estate called Newbridge, the cir-
cumstances relating to which are as follows :—lt was held
under a very old lease for three lives; and on the death of
the surviving life the tenants, instead of settling with me
for a new tenancy, as I was desirous they should do, thought
proper to allege that the last old life was not dead, and they
set up the life of a person of the same name as that last, life,
although not born for several years after the execution of
the lease; and they (the tenants) actually employed an at-
torney, who took defence to my ejectment in the name of a
pauper cottier, thereby putting me to the expense of a record,
but made no sort of defence upon the trial, except to cross-
examine the witnesses who were produced on my part to
prove the deaths of all the lives which they (the tenants)
were just as well acquainted with as those witnesses, al-
though they went to some expense, and put us to heavy
costs, merely to see if any point of law could be raised by
their counsel upon the trial, which would enable them to
keep possession without jnyment of rent ; •and thus, for-
gnat h, I AM dos rguatea A atm ranatora for
fraudulent people.
" I could, in like manner, satisfy any dispassionate person
that my conduct as proprietor of the property was always
marked by a just and kind feeling for those of my tenants
who deserved favour at my hands by their good conduct and
industry. I have carried on extensive works, given great
employment, and mnch assistance at all times in clothing
and food on my estate.
" Under all those circumstances, I take leave to ask any
person who will be at the trouble of reading this statement,
is it not a very great hardship that I should have been
dragged before the public in the manner I have been late
in relation to my estates in the county of Galway ?—Yeb
obedient servant, "JOHN N. GERRARIX
" Morrison's Hotel, Dublin, March 31, 1846."

COMMISSION OF LUNACY.—Yesterday a commission
was opened at the Horne Tavern, Kennington, before Mr. Commis-
sioner Winslow, to inquire into the state of mind of Mr. Edward
Watkins, aged 61, a wealthy oil and colourman, of Vauxhall-walk
and Kennington. The commission was unopposed, being instituted
by the children of the alleged lunatic, and the circumstances are in-
teresting solely from the fact that Mr. Watkins had recently under-
gone repeated examinations at the Lambeth Police-court, on a
charge of having extensively defrauded the Government byt he sale
of forged stamps. His wife, who was implicated is the charge, is at
this time in Newgats awaiting her trial, but Mr. Watkins himself,
since that period, had exhibited such manifest tokens of insanity,
that the present proceedings were instituted, and the Attorney-
General was aboat to enter a nolk prosequi cn the charge against
him. Mr. Watkins having been introduced and examined by the
commission, and a variety of medical evidence heard, the jury re-
turned a verdict, dating his unsoundness of mind from January 23,
1546.
FRIGHTFUL ACCIDENTS WITH AN OMNlBUS.—Yes-
terday forenoon a series of most fearful accidents occurred in the
Welworth-road, of which the following are the particulars :—Shortly
before twelve, as one of the Atlas omnibuses was proceeding down
the IValworth-road the horses became unmanageable, and the driver
was pitched otT the box and fell upon his head with great violence.
The horses uncontrolled dashed on with the vehicle, and in their
course overturned several stalls and barrows belonging to itinerant
frultmen. An elderly female, living in one of the Fishmongers'
Alinshouses was knockd down, but fortunately escaped with a few
bruis,,s. The animals after some trouble were stopped, and the
driver was found to be seriously injured. At the Elephant and Castle
another driver was procured, who mounted the box and was driving
clown the road, when all of a sudden the horses ran the splinter bar
of the omnibus against a heavy cart. The concussion was so great
that this driver was also thrown from his seat, and falling upon his
head between the horses, his head was much injured, and it is stated
that the wheels of the vehicle passed over his body. The poor fellow
was removed to Guy's hospital, where he at present remains without
hope of recovery. The omnibus proceeded a considerable distance
after the second accident before the horses could be stopped.
A FEMALE SUSPENDED BY ♦ MEAT-HOWL—Yester-
day afternoon an accident, which, it is feared, will be attended with
fatal consequences, occurred to Martha Stone, a cook, in the service
of Samuel Wilber, Esq., of St. John's Wood, who, in hanging up a
joint of meat in the larder, slipped off the chair on which she was
standing, and one of the meat-hooks caught her by the throat: the
weight of her body, however, caused the flesh to break. and the poor
woman fell to the ground. Surgical assistance was obtained ; but,
irom the dangerous nature of the wennd, her recovery is consideaed
doubtful,