The Sun.
London, England, 1846-12-15 00:00:00

Honour, whether, under the circumstances, he would
receive it or not.
The VICE-CHANCELLOR said he should certainly re-
ceive the affiLlavi:, because sometimes justice required
that affidavits should be made even during the hearing
of a case.
Mr. BETHELL observed, that such being his Honour's
opinion, the case could not proceed, as there were state-
ments in that affidavit which called for au answer from
the plaintiffs.
The VICE-CHANCELLOR had no objection to the case
standing over, and he would, in order to facilitate the
matter, if the parties chose, direct that the plaintiffs
should bring such action as they might be advised.
Mr. WEBSTER, on the part of the defendants, had no
objection to the adoption of such a course ; that was all
they wanted.
Mr. STUART, who had just come into Court, and who
was with Mr. Webster on behalf of the defendants, said
that he had felt all along that such must be the end of
the ca,e ; it was a purely legal question, and he con-
sidered the course that had been pursued yesterday by
the leading counsel, on behalf or the plaintiffs, in forcing
on the motion, for the injunction was one of the most un-
just exercises of the power of counsel that he had
ever witnessed in that or any other Court. Ile should
always consider it inexcusable and most unjustifiable.
The only redeeming part of the drama of yesterday was
the excellent and instructing speech of Mr. Webster, and
the lucid explanations he had given with respect to so
valuable an invention. his clients had been charged
yesterday with fraud and falsehood, and the Court had
been occupied the whole day with a case which, it was
clear from the beginning, must end as it had done, by
being sent to law.
Mr. BETHELL, with some warmth, observed that they
would now proceed to some other portions of the busi-
ness of the Court, which he trusted would not be at-
tended with such loud and uncalled-for declarations as
those that had been made that morning by Mr. Stuart.
The motion was then ordered to stand over, the plain-
tiff being at liberty to bring such action as he should be
advised to try his legal right.
The Court then proceeded to hear motions, the third
seal being continued.
(Before Vice-Chancellor Sir J. WIaRAM.)
DAWES V. BETTS.
This bill was filed for the specific performance of an
agreement made by Mr. James Betts, on the part of his
brother, Mr. Wm. Betts, the defendant. It appeared
that the plaintiff was proprietor of a house in Highbury-
place, Islington, which Mr. James Betts agreed to take
from him for the use of his brother, who was then on
the continent. It appeared further, that the defendant
had purchased in January, 1843, the interest of a
gentleman named Salamons, in the house in question,
together with the lease of a field and other ground at the
rear of the house, which he now alleged should be in
eluded in the lease granted by the plaintiff to him. It
was, however, admitted in the answer that this field, &c.,
was at that time let to different persons. Messrs. Robin-
son and Hyne were the solicitors employed by the
defendant, whom he had consulted as to the best method
of obtaining a removal of the lease of the house. On
the 20th of May, 1843, the solicitors of the plaintiff re-
ceived back a proposal from the defendant's solicitor
respecting the premises, with an agreement signed by
the defendant's brother on his behalf. The agreement
was to the effect that Thomas Betts, the plaintiff,
having purchased the interest of Mr. Salamons in the house
in Highbury-place, Islington, and the letter containing
the offer of the plaintiff to give a renewal, having been
handed to the defendant, who bad signified his consent
to the terms of the plaintiff's proposal through his bro-
ther. The receipt of this letter was acknowledged, and
in that answer it was distinctly stated that the field, &c.,
were not included in the agreement. It was denied by
defendant, in his answer, that Mr. James Betts was au-
thorised to act for him in this case. Mr. James Betts,
in his reply to this last communication, stated that
his brother was then on the Continent, but would
return shortly; he returned in the latter part of De-
cember, and took the draft of this agreement to Messrs.
Robinson and Hyam, so that it was evident he was
aware of this agreement. On the 29th of September,
1843, a letter was sent by the defendant, requiring to
know if he was secure from the erection of any build-
ings likely to annoy him in the neighbourhood of the
house in llighbury-place. Shortly afterwards a
letter was received from the defendant's solicitors
making some inquiries as to the field at the rear of the
house, and expressing a wish that their client should
have that, together with some other ground; to which
the plaintiff replied that he could not give the land in
question, which was at that time let to other persons,
bat that he could let him have another field near the
house. Plaintiff then stated that he heard no more of'
the matter till the 6th of October, when Messrs. Robinson
and llyam returned a draft of. the lease which had been
perused by the defendant and his solicitor no less than
three times. In November, 1843, a note was received
by the plaintiff from Mr. llyam, stating that he had
been expecting a deed of engrossment from Mr. Betts,
which delayed the proceedings. Defendant was all this
time occupying the house in question. In the April
following the house requiring some repairs, plaintiff
sent his surveyor to inspect the premises, between
whom and the defendant some altercation took
place. But up to this period there was no denial
oa the part of the defendant for the authority
of his brother to act for him, or of his being bound by
the agreement that had been executed in his behalf.
However, in seven months after he entered into posses-
sion of the houses, he called on the solicitors for the
plaintiff and stated, for the first time, that Mr.
James Betts bad no authority to sign the agree-
ment, but he did not even then state that he would not
comply with the agreement, or sign the lease; the rent
which had become due, was offered to Mr. Jenkins,
plaintiff's solicitor, provided that it should be considered
not to prejudice the position of Mr. Betts, by being
with thheisagne d
ma nrd defendantJenkins,
taken as a recognition on his part of a right to comply
with
retrenent.l
solicitor
his
wascalledre refused
and the lease was examined, and it
was ad-
mitted by Mr. Robinson, that the defendant was
not entitled to the field at the rear of the house. Mr.

prove his claim, proceeded a second time to put the
matter in a train for trial, and it was arranged that it
should be tried before the Sheriff in six weeks, and a fresh
notice of trial was prepared, but served a day too late
by the defendant. He then took another step, which
almost any competent practitioner must have known would
only be incurring additional expenses. He went before
Mr. Justice Wightman, at chambers, in order to get the
rule set aside, which the Learned Judge refused to do,
but told him that the order was a peremptory one, and
that he could not interfere with a rule of the superior
court ; but he advised him to apply to the Queen's
Bench, in banco, to enlarge the order. He might have
done this on the 2d November, and no doubt the Court
would have acceded to such an application, but he did not
take any such step, and on the sth November judgment was
signed by the defendant "as in case of a nonsuit," so
that the action was at once brought to an end. The de-
fendant had notice of the taxation of the costs, which
were taxed at about 18/., and no doubt attended to it,
but he gave no notice to the plaintiff, and the first inti-
mation he received of the fact was the visit of a sheriff's
officer, and the putting of an execution into his house.
The levy came to 21/, and as he happened to have the
amount in the house, he paid it out. The plaintiff, there-
fore, sought compensation for the expense of the levy,
and the costs of the debt, which were about 101., as well
as compensation for the injury which he had sustained
on account of the negligent conduct of the defendant.
Mr. Driver, an attorney, the plaintiff's brother-in-
law, was examined at considerable length, from which
it appeared that he had taken an active part in the legal
proceedings in the case of Briggs ; but he stated that he
merely acted as the plaintiff's friend, and under the
directions of the defendant, his sole object being to
forward the matter.
It was shown that the defendant did not live far from
the plaintiff, and that a notice was placed on his former
residence showing where he had gone.
Mr. PARRY, in his address to the jury, contended that
the defendant, by the course he had adopted, had placed
the plaintiff in a position to renew his claim against
Briggs, as the witness referred to was still absent, and
that it °Quid be renewed now with a reasonable proba-
bilty of success; that Mr. Driver was the agent of the
plaintiff in the matter in question, and had
transacted, and consequently knew all about the
proceedings, and that, if any mistakes had occurred,
they were clearly attributable to him, and to no one
else. Great difficulty had been experienced in commu-
nicating with Mr. Driver ; and as he was an attorney,
and had acted as Mr. Smith in the case, some latitude
was allowed him by the defendant, and because he had
acted erroneously was the defendant to be blamed ?
Mr. Walker, the defendant's clerk, gave evidence con-
firmatory of the defence set up.
Mr. WATSON having replied,
Lord DENMAN summed up. He considered that the
defendant was not free from blame, and that he ought to
have known that the application to Mr. Justice Wight-
man, at chambers, would be of no avail, as the strict
rules of the Court could not be departed from. He left
it to the jury to say whether the plaintiff was or was
no; entitled to damages, and, if so, the amount.
The jury found for the plaintiff—Damages, 301.

helpless in the passage, where she had been thrown by
a blow on the face. Having taken her up, and while
about carrying her up stairs, she was again struck, and
knocked out of his arms with so much violence as to
render her insensible.

Mr. CLARKSON, for the defendant, contended that the
cause of the mischief was Mrs. Heeley's intemperate
habits.

The following evidence was offered for the defence:—
Joseph Goodby, waiter of the Red Lion, proved that
the separation had taken place, and that oa the day in
question the prosecutrix had returned to get her clothes,
being at the time in a state of intoxication, and while in
the house she was guilty of such outrageous conduct,
that he was obliged to send for his master, who, at the
time, was living away from the place.
Several other witnesses stated that the prosecutrix
was intoxicated at the time of the commission of the
alleged assault, and the prisoner had merely endeavoured
to get her to bed quietly.
The jury returned a verdict of Guilty.
The prisoner was then sentenced to two months' im-
prisonment in Giltspur-street Compter, and to enter into
his own recognizance for 5001., and to find two sureties
for 501. each, to keep the peace for three years.

NEW COURT.
Thomas Johnson, a carter in the employ of Messrs.
Chaplin and Horne, the railway carriers, was indicted
with stealing, on the 12th of last month, a bale of silk,
the property of his masters, of the value of 1261. From
the statements of counsel, and the evidence adduced,
it appeared that on the day in question the
prisoner, accompanied by a lad named Fry, fetched the
silk in question from the South-Western Railway ter-
minus. The bale was directed to a house in Bunhill-row,
and the prisoner, on his way there, as it was alleged,
purposely left his parcel book at a chemist's, where
he had to call, in order that he might get
rid of Fry, by sending him for it. This
was done, and in the interim the bale was missed
from the cart. According to the evidence of a man
named West, the cart of the prosecutors had been fol-
lowed by a van and three men from the railway station
up to the time when the boy Fry was sent for the parcel
book, and that immediately upon his leaving, the silk
was put into the van and the men drove off with it.
Mr. Ballantine appeared for the prosecution.
Mr. HUDDLESTONE was counsel for the prisoner, and
contended that he ought to be acquitted on the ground
that West was a witness unworthy of credit.
The jury acquitted the prisoner.

GUILDHALL.-(THIS DAY.)
The two brothers Frost (not Ross, as was stated in a
former report by mistake), who stood remanded to this
day, the one for stealing, and the other for unlawfully
receiving a coat, the property of a gentleman named
Robinson, from the stables of Mr. Guy, of Earl-street,
Blackfriarc, where the elder brother, James Frost, was
occasionally employed as helper, were fully committed
for trial by Alderman Moon and Alderman Gibbs.
James Gandy, and Mary Gandy, his daughter, were
charged before Mr. Alderman Moon, the first with steal-
ing, and the other with receiving a 'valuable ring and
three sovereigns, the property of her master, Mr.
Taylor, of the Britannia public house, Golden-lane.
It appeared that the master's suspicions, upon
missing a quantity of property, were drawn upon
the female prisoner, by hearing from a friend that her
father, who was out of employment, had been seen with
a number of sovereigns in his possession. The girl
confessed to stealing the ring and three sovereigns, but
the whole amount of Mr. Taylor's loss, in sovereigns
only, is forty pounds.
They were remanded to Thursday, for the purpose of
giving the officers time to procure the attendance of an
important witness.

MARLBRO'-STREET.—(THIS DAY.)
Richard Hawkins was charged with throwing a boy
over the gallery of the Queen's Theatre, Tottenham-
street, Tottenham Court-road.
William English said he was sitting in the front seat
of the gallery last night, and behind him the prisoner
and two girls. In the course of the night a quarrel
arose between him and the prisoner, because he had
been leaning back on the seat behind him, and about a
quarter past twelve o'clock, as complainant was rising
to leave the house, while his back was towards the pit,
the prisoner struck at him and knocked him over the
front of the gallery into the pit, a height of twenty-five
or thirty feet.
William Webber, who was with the complainant in
the theatre, corroborated the evidence which he had
given.
The prisoner said the girls that sat on the same seat
with him, and also the complainant were all strangers to
him, but as the complainant persisted in lying back
against the girls' knees, and thereby annoying them, he
interfered, and requested him to desist, when the com-
plainant would not desist he went out and brought up
the officer, who, after cautioning him, felt it necessary to
remove the complainant and his companion into the back
seats. lie returned and swore -he would wait for him
(the prisoner) that night. At the conclusion of the per-
formance the complainant got up, and, planting his
back against the front rails, struck him several blows.
Prisoner was aided by his friends. Ho (the prisoner)
had not struck the other at all. The only way in
which the fall could be accounted for was, that the rails,
which were high on each side, wore very low in the
centre of the gallery, and that the complainant, slipping
his back along the rails following him, had lost his
balance, when he came upon the descent of the rails,
where they were not more than six inches high. lie
had not struck the complainant at all, and interfered
only at the request of the girls to protect them.
Myers, the officer of the theatre, said he had been
compelled by the conduct of the complainant to his com-
panions to remove them to different beats. He saw them
annoying the girls behind them, and also the prisoner,
who was very quiet all the night, but because he had
brought up him (the officer) the complainant swore that
he would mark the prisoner before the night ended.
Mr. LONG said the evidence of the complainant was
entirely contradicted by that given on the part of the
prisoner, and the complainant was certainly proved to
have been the aggressor. On that account he could not
believe that the prisoner had intended to throw the
complainant into the pit, or even that he had done any-
thing to cause it ; and therefore he must dismiss
the case.

Robinson then handed the plaintiff the amount of the
half year's rent, which he suted was due by Mr. Betts.
Defendant contended that this money was paid under
protest, which was denied by the plaintiff, and the pre-
sent bill was filed.
The arguments having concluded, his Honour deferred
delivering judgment till he had read the bill and answer,
as well as the evidence.
The Court rose at half-past three o'clock.
(Before Sir J. K. Baum)
BORRER V. THE BRIGHTON, LEWES, AND HASTINGS
RAILWAY COMPANY.
This was a motion for a new trial on the ground that
the jury had not given a verdict according to the
evidence. The case was tried in July last, before
Lord Denman and a special jury, on three issues—
the first, as to whether a road between Chinckly turn-
pike road and the Lewes turnpike road was a public
road ; the second, what was the width of the arch of a
bridge constructed by the defendants
the at a certa
win pas in
oint
on the line ; and, thirdly, whether bridge
height, width, and position, such as the defendants were
bound by the Act of Parliament to construct.
The arguments having concluded,
His HONOUR said he was of opinion that in finding a
verdict for the defendants the jury had not paid atten-
tion to the charge of Lord Denman, with reference to
the dedication of the whole road in question to the pub.
lie, and, therefore, on the second and third issues he
would direct a new trial.
The Court then rose.

SOUTHWARK.—(THIS DAY.)
William Francis, an elderly and respectablo looking
man, was charged with conveying spirits exceeding two
gallons, without a permit, whereby he incurred a penalty
of 100/.

Bayford, an Excise officer, stated that between seven
and eight o'clock that morning he met the defendant in
Free-school-street, Horselydown, carrying a bag. He
stopped him, and, on examining the bag, found it con-
tained a large bladder of illicit spirits. He took the
defendant into custody, he having no permit.
The defendant said, as he was proceeding into town
that morning, he met a person with whom he !vas ac-
quainted, and he asked him to carry the bag and its con-
tents to Whitecross-street, and promised to reward him
for his trouble. lie added that he was not aware that
he was acting contrary to law at the time.
Mr. &MEE, said, the full penalty was 1001., but he
should exercise the power given to him, and mitigate it
to 251., and in default of payment the defendant must be
committed for three months to Kingston Gaol.

QUEEN'S BENCH.--(THIS
DUNN.
THE QUEEN V. C
R;—{
abroad that this
THIS DAY.)
remarkable case would be tried
a special jury
An impression seems to have gohneere to.
day.
notion was erroneous. The case is The
gtos
w
the
of the
one,ith ouatnda cannot beaptprliiecdationduritnog thesecosuirtttin
appoint a day before the expiration
or-
dinary sittings. No application of this
was made during the morning, which was occupied
with a running-down case of not the slightest interest,
The
except to the parties immediately concerned.
Queen v. Dunn stands 92 in the printed list. In all pro-
bability it will be taken in its ordinary course.
NEGLIGENcE OF AN ATTORNEY—S3IITH V. sli
Mr. Watson, Q.C., and Mr. Borrill were for the plain-
tiff, and Mr. Parry for the defendant.
This was an action of a novel but an important
character. The plaintiff is a surgeon, and the
defendant an attorney, on Fish-street-hill ; and the
action was brought to recover compensation in da-
mages for the want of proper care and skill on the
part of the defendant in conducting an action which
the plaintiff had brought against a person named Briggs.
By his carelessness and want of skill, it was alleged, a
judgment had been obtained against him, and an exe-
cution put into his house on account of it, of which the
plaintiff had received no previous intimation from the
defendant, and which had cost 21/. The defendant had
placed various pleas on the record, setting forth
that he did not promise, that he had well and faithfully
discharged his duties, and also that he was unable to
inform the plaintiff that a judgment had been obtained
against him, as he had changed his residence.
Mr. WATSON, Q.C., stated the case to the jury. He
said the plaintiff, Mr. Smith, was a surgeon, who fiad
carried on business at Walworth, but who now resided
at Stockwell, and that the action was brought to
recover compensation in damages from the defendant,
who had acted as his attorney. The defendant had car-
ried on business in Fish-street-hill for several years, and
had a country residence at Walworth. Whenever a pro-
fessional person was employed, no matter what the nature
of the profession might be, he was bound to use proper
skill and diligence in the discharge of the duties for which
he was engaged; but if he was not possessed of the skill
necessary for the proper carrying on of his professional
business, and should be guilty of negligence, he was re-
sponsible to his client for any damage which might
result to his interest in consequence of his want of skill
and want of diligence. For ought ho (Mr. Watson)
knew, the defendant might be a very skilful practitioner,
and might exercise skill in the service of other clients,
but in the case of the plaintiff he certainly had not. The
plaintiff had attended and supplied medicines to a minor
named Briggs, and a debt of 164 7s. had been contracted
with him in consequence, and an action was brought
against the young man for the amount; but as it appeared
that he was wholly without the means of self-support,
and that the medicine was supplied with the cognisance
of his father, Mr. Shaw was instructed to bring an ac-
tion against him for the amount. The action was brought
in this court, but, as it was under 20/., it was arranged
that it should be tried before the Sheriff. Notice of trial
was given, bat it was found, owing to the absence of the
plaintiff's assistant; who was abroad, that the
evidence would not be sufficient to prove the plaintiff's
case ; it was not then proceeded with ; therefore the
notice of trial was countermanded. Mr. Briggs, not
liking to be in hot water all his life, applied for judg-
ment as in case of a nonsuit, in order to put an end to
the action. The plaintiff finding that he could then

THE SUN', LONDON, TUESDAY EVENIn DECEMBER l5, 1846

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b
tors there has been no demand, and the town and country
trade have purchased all kinds with caution, although rather
lower rates having been accepted.
RicE.—To-day East India Rice met with increased atten-
tion, and privately large parcels of Bengal were sold at a rise
on last week's rates of Is to 2s—low to fine white fetching
16s to 18s 6d. At auction 680 bags of Bengal sold at
18s to 18s 6d for good bold white, 16s Gd for
sugar damaged, and 16s 6cl to 17s 6d for sea ditto : 105 brls
Carolina, from New York, in part sold—first quality good
fair bold good colour 255, second sort 21s, and slightly sea
damaged 23s to 23s 6d. 50 boxes Pearl Sago sold at Ms Gd
for large brown Pearl. 273 bags Sago Flour were taken in at
18s 6d to 19s for good, but the sea damaged sold at los to
17s 6d per cwt.
SPICES.—To-day at public sale 214 bags Sumatra Pepper
sold at the full value, viz., good bright clean black but rather
stalky .21Ad to 258 d, sea damaged first class 2%d, second and
third 2d to 21/1 d ; four boxes Singapore Nutmegs sold at 3s
for small brown, 2s 7d to 2s 9d for very small, is for
shrivelled, and at 8d for wormy.
FRUlT.—There has been a large business transacted in all
descriptions, but owing to the heavy stock, merchants are
willing sellers, and prices have assumed a downward ten-
dency, Patras Currants have been selling at 56s to 575,
Zante and Cephalonia 555, Valencia Raisins 40s to 465.
. .

COCIIINEAL.—This afternoon Cochineal met with little at-
tention, and 49 bags of Honduras at auction only in part sold
at 4a l Id to 5s id for good ordinary small foxey to middling
silvers, being at the full value.

SrunTs.—There are sellers of Leeward Island Rum rather
under previous rates, but the demand has been less active,
and the purchases amount to only 150 puns. East India has
been purchased with caution, and a slight decline in the
prices has occurred. Demerara of strong quality has been in
brisk demand, but holders are inclined to sell at previous rates,
Holders of Jamaica are unwilling to reduce their prices, but
exporters and the home trade purchase all descriptions with
caution. Brandy is not offered upon lower rates, but ex-
porters and the home trade operated with caution in all de-
scriptions. Geneva has met with little attention for exporta-
tioß, and being a good supply, common is attainable at 2s 6d
to 2s 7d per gallon; fine in small parcels fetched 3s to 3s 2d.
British Corn Spirits have been in excellent request.-*

SALTPETRE.—In Rough descriptions of Saltpetre a large
business has been transacted by private treaty, chiefly in the
low anc middling descriptions. and principally for exporta-
tion ; a further improvement in prices of fid has taken place.
English Refined met with a ready sale at 29s fig to 30s ; in-
deed some parties now refuse to receive orders thereat.
Nitrate of Soda has been in good request at 17s to 18s
per cwt.
Oir.s.—Seal has been purchased with caution by private
treaty, although there are sellers of all qualities rather under
previous rates. For Southern the market presented a dull
appearance for all qualities, and rather lower prices are ac-
cepted. In Cod Oil a good deal has been done, but not at
better prices. Newfoundland Whale declined in value. Ale
though Sperm can be obtained upon rather lower terms, stiff-
the business transacted by private treaty has been limited.
For Palm the demand has fallen off, and having a good sup-
ply prices are not so firm. There is still a large demand for
Cocoa Nut Oil, and in consequence of the email supply, prices
rule high. Rapeseeds Oil is little wanted, and that a further
fall in the value will take place is the general impression.
For Linseed Oil the demand has fallen off, and further re-
duced rates have been submitted to.
TALLow.—Although the demand has been brisk for Rus-
sian on the spot, still merchants are willing sellers, and ac-
cept 48s. for fine Petersburgh yellow candle.

SALE OF RAILWAY SHARES BY
AUCTION.—(THIS DAY.)
The sale of Railway Shares, to-day, at Messrs. La-
mond and Co.'s, did not go off with much spirit, although
there was no great alteration in prices. The following
are a few of the principal sales :
Waterford, Wexford, and Valentia ...... .£0 3 9
Madrid and Valencia. 1 0 6
Great Luxembourg
East Indian
Eastern Counties, York Extension 3 10 6
Derby, Stafford, and Worcestershire,New 0 14 6
-Leicester & Bedford, Exchange Certficate 0 10 0
Churnet and Blythe
Manchester and Southampton, 1847 1 9 6
South-Eastern and Dover, No. 4
Taw Vale Extension and Dock ..
Vale of Neath 1 9 6
Shropshire Union and Canal
North British, New Thirds
Paris And Lyons 5 2 6
Worcester, Warwick, and Rugby
London and York, Extension 2 0 0
South Yorkshire, Doncaster, and Goole 2 4 0

THE LONDON GAZETTE.
(THIS EVENING.)

FOREIGN-OFFICE, DEC. 10, 1846.

The Queen has been graciously pleased to appoint Lord
Howard de Walden and Seaford, G.C.8., now her Majesty's
Envoy Extraordinary and Minister Plenipotentiary to her
Most Faithful Majesty, to be her Majesty's Envoy Extra-
ordinary and Minister Plenipotentiary to the King of the
Belgians.
The Queen has also been graciously pleased to appoint Sir
George Hamilton Seymour, G.C.11., now her Majesty's
Envoy Extraordinary and Minister Plenipotentiary to the
King of the Belgians, to be her Majesty's Envoy Exraordi-
nary and Minister Plenipotentiary to her Most Faithful
Majesty.
FOREIGN. OFFICE, DEC. 10.

The Queen has been graciously pleased to appoint Ruther-
ford Alcock, Esq., now her Majesty's Consul at Foo-chow-
foo, to be her Majesty's Consul at Shanghai.
The Queen has also been graciously pleased to appoint
Richard Belgrave Jackson, Esq., now British Vice-Consul at
Canton, to be her Majesty's Consul at Foo-chow-foo.
The Queen has also been graciously pleased to appoint
Temple Hilliard Layton, Esq., now acting as her Majesty's
Consul at Amoy, to be her Maje.ty's Consul at that port.
FOREIGN OFFICE, DEC. 14.
The Queen has been pleased to approve of Mr. Frederic
Cartwright Dickson, as Consul in London, and of Mr.
William Jackson, as Consul at Liverpool, for the Republick
of Chili.

DOWNING-STREET, DEC. 15.
The Queen has been pleased to appoint G. G. Lowenfeld,
Esq., to be Financial Accountant for the colony of British
Guiana.

ADMIRALTT, DEC, 14.

The name of Captain William Isaac Scott is to be included
in the list of Captains of the Royal Navy having accepted
the retirement of their rank on the terms proposed in the
London Gazette of the Ist of September 1846, on the half-pay
of one pound per diem.
With reference to the announcement iu the London Gazette
of 11th December instant, the promotion of Flag Officers of
her Majesty's Fleet should have been dated on that day, in-
stead of the 10th December.

Erratum in the London Gazette of the 11th of December
instant—For Vice-Admiral of the Red Sir Edward William
Campbell Rich Owen, K C. 8., G.C.H., to be Admiral of the
Blue, read, Vice-Admiral of the Red Sir Edward William
Campbell Rich Owen, G.C.13., G.C.H., to be Admiral of the
Blue.

Commission by the Lord-Lieutenant of Montgomeryshire.
Royal Montgomeryshire Militia—The Right Honourable
Edward Herbert Earl of Fowls, K.G., to be Commandant.

Commission by the Queen.
Royal Montgomeryshire Militia.—Edward Dwen, Gent.,
to be Adjutant, with the Brevet rank of Captain, vice
Gilder, who retires, June 29.
Commission by the Lord Lieutenant of Argyll.
Argyll and Bute Regiment of Militia—Henry Campbell,
Gent., to be Ensign, July 1.
WHITEHALL, Nov. 25.
The Lord Chancellor has appointed Benjamin Brock, jun.,
of the county of the borough of Carmarthen, Gent., to be a
Master Extraordinary in the High Court of hancery.
WHITEHALL, DEC. 10.
The Lord Chancellor has appointed William John Cowper,
of Newbury, in the county of Berks, Gent., to be a Master-
Extraordinary in the
BA HighNKRUPTS Court of Chancery.

John Cross Hnmby, boot and shoe manufacturer, Black-
friar's-road, to surrender, Dec. 23, at half-past one, and Jan.
29, at eleven, at the Court of Bankruptcy. Cannan, official
assignee, Birchin-lane ; Arch%r, Wine Office-court, Fleet-
street.

William Thomas Gooding, glass-cutter, Old Brentford,
Middlesex, Dec. 22, at half-past two, and Jan. 26, at twelve,
at the Court of Bankruptcy. Belcher, official assignee ;
Watson and Sons, Bouverie• street, Fleet-street.

William Hunter, coach-manufacturer, Gray's Inn-lane,
Dec. 22, at half-past twelve, and Jan. 21, at eleven, at the
Court of Bankruptcy. Pennell, official assignee; Philipps,
Sise-lane.

Henry Tattersall, common brewer, New Wharf-road, Bat-
tlebridge, Dec. 26, at eleven, and Jan. 30, at one, at the
Court of Bankruptcy. Green, official assignee, Alderman-
bury; Wilson, Aldermanbury.
Thomas Taylor, blacksmith, Headbourne Worthy, South-
ampton, Dec. 23 and Jan. 21, at half-past twelve, at the
Court of Bankruptcy. Johnson, official assignee, Basing-
hall-street ; Buchanan, Basinghall-street.
William Toms and John Matthews, brewers, Hungerford,
Berkshire, Dec. 24, at two, and Jan. 28, at twelve, at the
Court of Bankruptcy. Bell, official assignee, Coleman- street
buildings; Bishop, Lincoln's Inn-fields.
John Newby, haberdasher, Leicester, Jan. 1 and 29, at
half-past eleven, at the Birmingham District Court. Bittle-
ston, official assignee, Nottingham ,• Holnie and Co., London ;
Hoskins, Loughborough; Smithe, Birmingham.
Henry Peers, builder, Birkenhead, Jan. 1 and 19, at twelve,
at the Liverpool District Court. Bird, official assignee,
Liverpool; Vincent, Temple, London; Atkinson, Liverpool.
William Jones, boiler maker, Liverpool, Jan. 1, and 19, at
twelve, at the Liverpool District Court ; Turner, official
assignee, Liverpool ; Bridger and Blake, London-wall ;
Almond, Liverpool.
Frederick William Farfey, hatter, Liverpool, Dec. 31, and
Jan. 15, at eleven, at the Liverpool District Court. Caze-
nove, official assignee, Liverpool ; Keightley, Cunliffe, and
Beaumont, Chancery-lane, London; Hetherington and Co.,
Liverpool.
James Sutcliffe, cotton-spinner, Habergham Eaves, Lan-
caster, Jan. 4 and 20, at one, at the Manchester District Court.
Pott, official assignee, Manchester; Hisson and Robinson
Manchester; Scott and Tahourdin, Lincoln's Inn-fields,
London ; Shaw and Artindale, Burnley.
Richard White, merchant, Sunderland, Dec. 30, at twelve,
and Feb. 8, at noon, at the Newcastle-upon-Tyne District
Court. Baker, official assignee, Newcastle-upon-Tyne ;
Young and Harrison, Sunderland ; Maples, Pearse, Stevens,
And Maples, Frederick's-place, Old Jury, London.

MILITARY DISLIKE OF TUE OFFERTORY. On
Sunday last, there was a collection at St. Aubyn's
Chapel, Povonport, in aid of the funds of some charita-
ble institution connected with the chapel, and on the oc-
casion the Rev. Samuel Rundle, the officiating minister,
commenced the reading of the offertory. No sooner,
however, had the reverend gentleman commenced the
service than many of the officers of the regiment, who
attend that chapel, stood up and adjusted their arms,
pulled on their gloves, and giving a signal to the soldiers
the whole party began to march from the chapel. The
heavy tread of the soldiers made the reverend gentle-
man's voice perfectly- inaudible, and it was not until the
men were arranged in rank and file outside the doors
that the service was able to be proceeded with.—Devon-
port Telegraph.
TUB WneTnna.—Fahrenheit's thermometer fell
as low as 16k, or 15} degrees below freezing point at
8 A.M. yesterday, in the Blackfriars-road.
An Irishman going to be hanged, begged that the
rope might be tied under his arm instead of round his
neck ; for, said Pat, " I am so remarkably ticklish in
the throat, that if tied there, I will certainly kill myself
with laughing."

THE LATE MYSTERIOUS
• MURDER IN FRANCE.
We mentioned a few days back the murder of two
young girls at Albi, under very mysterious circum-
stances. The perpetrator of this crime has since been
discovered by a curious chain of circumstantial evidence.
It appears that in the chamber of one of the girls was
found a shirt stained with blood. It was by means of
this slight indication that the law-oflicers of the Crown
have succeeded incoming to aknowledgeof the murderer.
The Procureur du Roi and the Juge d'lnstruction, on
seeing this article, conceived it very likely that the mur-
derer had slept with one of the girls, and getting up in
the night had cut her throat whilst asleep. The depth
of the wound in the neck of one of them seemed to war-
rant this supposition. He then, they supposed, entered
the room of the sister, and, after a struggle, succeeded
in cutting her throat also. The murderer then, finding
his shirt stained with blood, came to the determination
to take it off; and in his agitation probably left it behind
him. 'The shirt, the Procureur du Roi remarked, was new,
never having been washed. It was not, therefore, unlikely
that it had been lately purchased, and in all probability in
the town. He immediately summoned to his office all the
persons at Albi that sold ready-made shirts, and, sub
milting the article in question to them individually, in-
quired if they could remember that they had sold it
lately, and to whom. One woman, well known in the
place for her probity and respectability, declared that
she had some recollection of having sold, a week before,
a shirt of about the texture of that produced. to a man
who appeared to have been a soldier. What made her
recollect the circumstance was, that a young workwoman..
having been employed is making the shirt, had inserted
one of the ,wristbands with the wrong side out, and, in
addition, had forgotten to place a second buttonhole in
front. The soldier had perceived this last-named fault,
and had got a second one made, which, being worked
by another person, was better done than the other one.
If the shirt submitted to her, the woman said, was that
of which she spoke, the tokens just alluded to would be
easily perceptible. On examination, the marks alluded
to were all found to be exact, and there could be no
doubt that she had sold the shirt to the murderer of the
two girls. The woman added that she recollected also
that the man had said that he had been a drummer, and
had spoken of lodging at the auberge of a man _named
Gesse. The latter being brought forward, deposed that
a man had for some short time lodged in his house,
but he did not know his name. He also declared
that the man in question had returned home ex-
ceedingly late on the night of the 27th of November,
which was the date of the murder. The question next
to be solved was, who was this man ? A workman
came forward, and stated that he had known him
for some time ; that his name was Carcasses ; that he
had been a drummer in the army, and he generally re-
sided at Puylaurens, in the department of the Tarn. A
corroborative proof of the identity of the man spoken of
with the murderer was afforded by the deposition of a
trumpeter of the 21st Light Infantry, who declared that
he had contrived to get out of barracks at half-past one,
on the night of the 27th, and had gone to the lodging of
the two girls. When he knocked, one of them told him
that he could not enter, as the drummer, whom he had
seen a few days before with them, was inside, and they
could not admit any one that night. The trumpeter
then withdrew. The chain of evidence appearing com-
plete, measures were then taken to arrest Carcasses,
and he was taken prisoner at Puylaurens. One of his
boots was found to •be stained with blood. He had in
his possession a sum of 345 f., for which he could not
satisfactorily account, and had also in his room some
handkerchiefs bearing the initials of the girls. He was
interrogated at great length by the Procureur du Roi,
and, being unable to account for the manner in which he
spent the night of November 27, refused to answer any
other questions. He was then delivered over to the cus-
tody of the gendarmes, who locked him carefully up.
They, however, were so imprudent as to leave him by
himself, in place of keeping him constantly in view.
The consequence was that, when they entered his room
in the morning, they found he had hanged himself with
a handkerchief.—Galianani's Messenger.

SANDWICH ISLANDS.—HONOLULU, JUNE 20.—A
fleet of 210 whale ships has been in at Lahaina this
spring, and about 70 at other ports. They have all
gone to seek cargoes on the north-west of Japan. Two,
the Albion and Midas, have already returned ; the one
leaking 2,000 strokes per hour. and the other with the
loss of her topmasts. The Meteor, Captain Lester,
arrived the same day in a state of mutiny, the crew
having confined the captain and officers below, underplea
of ill-treatment. The mutineers were taken out of the
ship, at the instance of the Consul, and confined in the
fort. The United States ship Shark has just been re-
paired here, at an expense of about 14,000 dollars, and
sails shortly for the Oregon. Her Britannic Majesty's
steamer Cormorant, 1,000 tons, 3 guns, arrived here a
few weeks since, and after a stay of a few days departed,
for no one knows where. It is generally believed, how-
ever, that she left for Puget's Sound, expecting to meet
Admiral Seymour there, in the Collingwood. Reports
of fortifications and military stores have reached us'
here, as connected with the Admiral's visit to the
north. The utmost mystery is now made by
English officers of the movements of their vessels
this-way. The steamer being the first that had ever
visited these islands, created a great sensation among the
native population. Just previous to the high duties
upon wines and spirits, enough of both were imported
under the present scale to have produced 50,000 dollars
duties. Since then, 10,000 dollars on spirits alone have
been received in bond at the Custom-house. The influx
of goods here from all quarters continues to increase,
but not the means of paying for them. Retail prices,
on many descriptions of goods, are becoming less than
in America. Hawaian registers are in great request for
vessels in California, to present accidents in case of war
between Mexico and the United States, or in the event
of England's making a sudden swoop upon our marine.
Ono Mexican, one American, and one English have al-
ready been put under this flag, by changing owners at
this port. The Mexicans treat it with much respect
Commander Stockton, United States ship Congress,
arrived on the 9th instant, thirty-one days from Callao.
He immediately landed his prssengers, the new Com-
missioner and Consul, with their families, who were re-
ceived with much pleasure by all parties. Commander
Stockton placed himself at once above the contemptible
local squabbles of the place, treated
.the Government
with the utmost courtesy, and speedily arranged matter,
on an amicable footing for the new officials.—Bosbn
(United States) Atlas.
Jean Lussac, living as out-servant with Mme.
Laroze, at St. Andr6-du-Bois, near Toulouse, under-
standing that his mistress had received 600 f. for some
wine which she had sold, persuaded a man, named
Jean Sudreau, to become his accomplice in robbing
the house of that sum. On an appointed night they
met, and Lussac undert6ok to enter the house
whilst the other kept watch outside. A few
moments after Lussac went in Sudreau heard piercing
cries, and then all was silent. Lussac soon came
out:bringing with him the money, which Sudreau
and he divided equally. The next morning Lussac
went to the neighbours, and declared that having, as
usual, gone to his work, he found the door of his mis
tress's house open, and, on his going in, discovered that
she and the servant girl were lying in their beds bathed
in blood, the skulls of both being fractured. The gen•
darmerie being informed of what had taken place, a
minute examination of the premises ensued, and the
prints of a shoe being plainly perceived on the floor, and
something in Lussac's manner being remarked as sus-
picious, his shoo was applied to the mark on the floor,
and found to fit exactly. Lussac was arrested, and as
Sudreau was known to be intimate with him, he was also
taken up. Being pressed hard with questions, he at last
confessed his participation in the crime, declaring Lussac
to have been the principal. It was afterwards discovered
that it was with the coulter of a plough that the two un-
fortunate women were struck. They still survived, and
the servant was expected to recover.—Paris paper.
PEDESTRIANISM. SEWARD AND WESTHALL'S
RACE.—The race for 50 scvs. a side, between Charles
Westhall (of London) and George Seward, ended yes-
terday in a disappointment. The hour fixed for the
start was two o'clock, at which time Westhall had not
shown a head at the appointed spot (Frank Key's,
Gannick-corner, near Barnet.) At a few minutes after,
Seward paced over the ground without a competitor,
and claimed. The articles were scanned, but there was
no provision for a forfeit as to time, and they merely
stated that the 100/. deposited was only to be given up
when fairly won or lost by a race. At half past two
Westhall arrived, pleading icy roads as his cause of de-
tention. Seward had retired, and was, it was stated, in
bed. He also went over the :ground without an op-
ponent; and eventually, after sundry special pleadings,
the referee decided that the men should run for the
stakes on Tuesday (this day) week, All bets are, con-
sequently, off, unless otherwise deslared.

_ .
bEATII OF THE ABBE MACPRERSON.—This gen-
tleman died at Rome lately, aged eighty-eight. He was
for many years rector of the Scotch College on the
Quirinall-hill. The most remarkable passage in his
varied career was when he was selected by the British
Government, in 1797, as their agent in one of the
boldest moves on the European chess-board ever
imagined, and yet scarcely known to the historian of the
period. In that year the British Cabinet received a
suggestion as to the practicability of rescuing from the
gripe of France and placing under the protection of Eng-
land the person of Pope Pius VI., then a prisoner in the
maritime town of Savona, on the Geifoese coast. An
English frigate was ordered to cruise off the land, and
the Abbe was sent from London with ample funds to
accomplish the object. It would have been successful in
every arrangement had not a communication been made
by parties in the pay of the Directory from the neigh-
bourhood of Downing-street, disclosing the plan to our
friend in Paris. Macpherson was arrested and plundered
on the frontier, and Pius died in the interior of France,
whither ho was instantly removed. Up to his death the
Abbe had a liberal pension from the papal treasury.—
Edinburgh Express.
CRACOW.—The Jews of Cracow, says a letter
from that place, of the Ist instant, were not, befero the
incorporation, burdened with taxes so heavily as the
Jews of Galicia, but now they have imposed upon them
a tax upon light, for they are made to pay a considerable
duty twon every candle lighted on Fridays, in celebra-
tion of their Sabbath; they are also to pay three times
the amount of the tax upon meat paid by Christians.
The rabbi of Cracow has had an audience of the Aus-
trian Commissioner, and petitioned that the Israelites
might be released from these charges; but the Commis-
sioner replied, that it would be difficult to grant his
application, as Cracow now forms part of Galicia, and
partial exceptions and privileges cannot be accorded.
A few days ago were 'discovered, at Audenge, in
the Gironde, several Roman cases, in a broken state, and
the bust of a statue in white marble, of exquisite work-
manship, and some parts of which arc in a good state of
preservation.—. Paris paper.
A BOUNCER.— A. writer at Carmago, Mexico, says
he saw a half an acre of corn at that place, the shortest
stalk of which, with corn upon it, was not less than
eighteen feet high I