The Sun.
London, England, 1846-12-09 00:00:00

BATHS AND WASHHOUSES.

47. The Legislature laving passed an Act to autho-
rise municipal authorities and vestries to establish baths
and washhouses for the poor at very low rates of pay-
ment, are you of opinion that they should be brought
into use in your locality without delay ?
48. Would you recommend baths being introduced
into parish and union workouses and hospitals, not as
a remedial measure only, but to promote the health and
cleanliness of the inmates ?

49. Do you think that habits of uncleanliness are pro-
ductive of demoralisation ?

50. Should it not be an object of the Legislature to
encourage the spirit of commercial enterprise in the
execution of the measures for sanatory improvement ?
51. If the expense for sanatory improvements should
be charged upon properties, and be distributed over a
term of years, coequal with the probable duration of the
works, and if a special rate of small amount be levied
upon the occupiers until the capital and interest shall
have been repaid—do you think the burden would be
felt by the people ?

ACCIDENT ON THE NORTH-WESTERN RAILWAY.
On Saturday last an accident of a most alarming cha-
racter occurred at the Pinner station of the above rail-
way. Between one and two o'clock in the afternoon a
policeman, named Charles Chadband, was on duty at
the station, and giving signals to a luggage train which
was coming up amidst an unusual noise, and in turning
round he was struck by the buffers of a pilot engine, and
knocked down, and the wheels passed over his feet.
The poor fellow is greatly bruised about the head,
being cut in several places, besides sustaining the loss of
three of his toes and other injuries. The injuries about
the head are stated by the surgeon at the University
College Hospital, to which institution he was at once re-
moved, to be of a dangerous character.
NOT GIVEN TO CHANGE. —An elderly maiden
lady, Miss Symons, died at her residence in Park-row
last week, at the advanced age of 86. Miss Symons
was born in the house in which she died, and never,
during the period of her long life, resided in any other.
The same rooms, to use a figurative expression, had
seen her an infant and a decrepit old woman.—Bristol
JournaL
Loss OF WEIGHT ON COTTON.—The American
Chamber of Commerce of Liverpool has communicated
to the Chamber of Commerce and Manufactures of this
town, and also the Manchester Commercial Association,
the following resolutions :—" Complaints having been
made of the frequent loss of weight on cotton imported
from the United States, and it having been represented
that in many instances this loss arises from invoicing
cotton at the weights ascertained when it is first received
from the planter, without having it reweighed on ship-
ment or delivery, it was resolved that with a view to
remedy this evil, it be recommended to persons import-
ing cotton that in all cases they should instruct their
agents abroad to have the cotton re-weighed on de-
liTery."—Manchater Guurdian,

CRIMINALS IN ALGERIA.
I We read in a letter from Algiers, published by the
Con stitutionnel—" For some time past crimes have been
committed here which have caused great uneasiness to
the inhabitants. One night in particular lamentable
cries were heard in the Rue Bab Asoun, in the heart of
the city, where two or three persons were engaged in a.
desperate struggle with several assailants. On arriving.
at the spot, three police agents, who had been attacked, .
were found lying on the ground, stabbed in several
places by some thieves whom they had, attempted to
arrest. The police endeavoured in vain to trace the
offenders, until an unexpected incident occurred to aid ‘.
them. Some time ago information was received that a
murder had been committed during the night, on an
Italian named Caesar Poggio, who kept a public-house.
The officers of justice proceeded to the house, and there
found an immense quantity of objects which had evi-
dently been stolen, with false keys, crow-bars, and other
instruments used by burglars. It was inferred that
Poggio had quarrelled with some of the malefactors, and
that they had committed the murder. The police began
by arresting his brother-in-law, a man of bad character.
This led to further discoveries, and it was ascertained
that there was an organised band of at least sixty
thieves or receivers, forty of whom are now in custody
for trial. They consist of Italians, Maltese, and Spa-
niards, of the class who quit their own country where they
are too well known, and rush to a new colony to com-
mit further depredations." In the same letter we
find the following curious statement:—" About ten years
ago there lived at Oran, a Spaniard, of excessively mild
manners, full of snbmission to the authorities, in fact, a
highly-respectable ma,n in every respect-, in appearance,
except that he exercised no known profession. Every
year he was absent for three months, and it was noticed
that on his return he had always plenty of money. This
circumstance at length having excited suspicion, he was
summoned before a magistrate, when, without hesitation,
he recounted the secret of his existence. He stated that
he had been a convict at Cadiz, and having served his
time, had come to Africa to live tranquilly. When his
purse was nearly empty, he embarked for Spain, where
he committed robberies, and having got enough to supply
him for the remainder of the year, returned to Oran.
An expulsion to Algeria put an end to this mode of ex-
istence, which would make another chapter for the ad-
ventures of Gil Blas or Guzman d'Alfarache."

THE WEATHER.---THE TEMPERATURE.—The snow
which visited us on Saturday se'nninght, and which
was followed by a partial and temporary thaw, and by
rain, during Tuesday evening, has been succeeded by a
keen, frost, with exceedingly low temperatures. We
have elsewhere published a letter from Mr. J. Joule,
stating that • about a quarter before eight o'clock on
Monday morning last his thermometer indicated the low
point of 6 degrees Fahrenheit; and at two P.M. that day
it stood at 15 degrees, and on Tuesday morning it was
not higher than 22 degrees. The thermometer of Messrs.
Ronchetti, fell as low as 20 degrees during Sunday; and
on Monday morning about five o'clock reached its lowest
point of 16 degrees. On Tuesday morning it was as low
as 20 degrees; and sleet and rain during the day were
succeeded by hard frost at night. On Wednesday there
was some little rain during the day; but the night was
again frosty. On Thursday there was a sharp frost all
day, and during the night the thermometer sank to 20
degrees, with a south-east wind. The frost continued
with unabated severity during yesterday, and most of
the ponds and pieces of water in the neighbourhood of
the town are now firmly ice-bound, and afford sport to
skaters. The most remarkable thing in the weather is
the unusually early period of the season at which frost
has set in. In December, 1845, the first appearance of
frost was on Sunday afternoon, the 7th of that month;
but the thermometer did not fall below 30 degrees, and
the .next was a wet day; nor was it till Saturday, the
13th, that a sharp frost was experienced, and this only
lasted a few hours, being again followed by the heavy
rains which characterised that month. Even these frosts
were earlier than usual; but this year there was a fall of
snow and a frosty night on Saturday, the 25th of No-
vember, and the frost has (with the slight intermissions
already noticed) endured ever since. In November,
1845, the lowest temperature was 27 degrees Fahrenheit;
in the month just closed it was 16 degrees. In Decem-
ber, 1845, the minimum reached by the thermometer was
26 degrees (on the 18th); and, in the first three or four
days of the present month, the minimum on two or three
days has been 20 degrees Fahrenheit. The minimum
point of Monday morning (16 degrees) is lower than the
lowest temperature, even of December, during the last
sixteen years; the nearest approaches being 17 degrees
in 1830, and 19 degrees in 1841, and again in 1844.
Manchester Guardian.

LANCASTER AND CARLISLE RAILWAY.—On Satur-
day morning Captain Coddington, the Government In-
spector, accompanied by a number of the directors, en-
gineers, and shareholders, commenced his inspection of
the line near Kendal, in a train of four carriages.
Having inspected the line between Kendal and Penrith,
the train arrived at the latter place about ten o'clock,
and having remained there a short time, it proceeded on
to Carlisle, where it did not arrive until after three
o'clock, in consequence of a slight accident to the engine
near Plumpton. The length of the line is forty miles.
Captain Coddington and the directors dined together at
the Bush Hotel, Carlisle, after which the Gallant In-
spector expressed himself in the highest terms of com-
mendation, bestowing the greatest rraise on the di-
rectors for the very complete and efficient line which
they had made between Lancaster and Carlisle. It was
arranged that the public opening shall take place on
Tuesday, the 15th inst.
THE GREAT BRITAIN.—" A paragraph, dated Bris-
tol, Nov. the 2Sta," says the Liverpool Albion, " has
been gt in; the round of the papers, stating, in refer-
ence to the Great Britain, that the engineer, whose
plan for getting her off hail been approved, represents
that the late gales have so far strained and damaged her
that she will not repay the cost which would neces-
sarily be incurred in the attempt.' That engineer is
Nfr. Bremner, and he has not made any such repre-
sentation. We had an interview with Mr. Bremner a
few days ago, and his advice is, to make the vessel as
snug as possible for the rer2airder of the winter, and in
spring he intends to take her off into deep water, an
operation which he will perform on the first favourable
opportunity. One of Mr. Bremner's sons, a gentleman
of great engineering ability, we are sorry to say was
compelled to leave th4S superintendence of the Great Bri-
tain by severe indisposition."
RAILWAY MEETING AT WINDSOR.—A meeting
convened by the mayor was held at Windsor yesterday,
for the purpose of taking into consideration the com-
peting schemes for a railway communication from that
town to London, via the Windsor, Staines, Richmond,
and South-Western line, and the railway to connect
Windsor with the Great Western at Slough. The meet-
ing was very fully attended, and great excitement ap-
peared to prevail on the subject. Amongst those pre-
sent were the Hon. Henry Ashley, M.P., the Hon. Capt.
Fitzmaurice, M.P., Colonel Reid, M.P., Ralph Neville,
Esq., M.P., Colonel Challoner, Sir Robert Sidney,
Captain Bulkeley, W. G. Ilayter, Esq., M.P., C. S.
Voules, Esq., &c. A resolution was moved by Mr. J.
Minton in favour of the Sou.h-Western scheme; he
said, he had the authority of the Commissioners of the
Woods and Forests to state that they had no objection
to offer to that line. An amendment was moved by
Captain Bulkeley to the effect that the connecting line
from Windsor to the Great Western would best accom-
modate the inhabitants. Ile accused the Government
of having been bribed by the South-Western Railway
Company to favour their scheme by offering to contri-
bute money towards the projected improvements. After
a very animated discussion, the amendment in favour of
the Great Western communication was declared to have
been carried, and petitions to Parliament in accordance
with it were agreed to before the meeting separated.
A BOY KILLED BY A HORSE.—Last night Mr.
W. Carter held an inquest at the NeNcington Arms,
King-street, Walworth, respecting the death of Richard
Jepp, aged twelve years, lately residing at No. 23,
James-street, East-lane. From the evidence it appeared
that the deceased was the son of poor and industrious
parents, and on I'Vednesday, the 2d instant, he was in a
neighbour's stable, and whilst leading a young horse
into the yard he slipped, and before he could get out of
the way the horse trod upon the deceased's foot and left
temple, whereby he was most seriously injured. He
was removed home, and placed under the care of Mr.
Otway, but lockjaw and inflammation ensued, from which
he died on Friday last. The jury returned a verdict of
" Accidental death."
WHITTINGTON CLUB AND METROPOLITAN ATHEn
NAUM.—Last evening a meeting of the members of this
institution was held at the Crown and Anchor, Strand.
Mr. Jones in the chair. The secretary read the report,
which stated that the object of the institution was to
promote the literary and scientific education of the
people, to meet their physical wants by providing club-
houses for the less wealthy classes, and to improve the
moral and intellectual character of its members. Various
rules, regarding the age, qualification, and subscription
of candidates, were discussed and approved of, after
which the meeting separated.
WESTMINSTER-BRlDGE.—Yesterday all that part of
the footway situate on the eastern side was re-openedbtoe
the public ; on Thursday the carriage-way
opened for vehicles of light draught, when,
betrsohwounldopthene
structure stand this test, the bridge willas formerly. loDnE, Ta
E
ON BLACRFRIARS
THE SMITHrtEEDBCRITGrEE.L
YNers It
es tAZE. fAt
e rcnco
drove of very fine oxen were proceeding over Blackfriars
three o'clock, and when near the
Bridge, shortly after
Surrey side, the carriage way was partially
the oxen,blocked up
by an omnibus and some waggons. Three of
knocking down an old lady with a child in
more infuriated than the rest, rushed among the foot
passengers,
her arms, fortunately without injuring either. In their
furious progress, however, a little girl named Trinder,
residing in Upper Ground-street, was knocked down
near the iron railings opposite the British Plate Glass
Company's office, and was trampled upon, and severely
injured.
DISCONTINUANCE OF THE MAIL FOR ROTTERDAM.
—Yesterday notice was issued at the General Post-office,
St. Mortin's-le Grand, that the weekly mail made up and
forwarded every Saturday evening by the Batavier for
Rotterdam, was discontinued for the season.
LORD DUNDONALD'S WAR PLAN.—The Scientific
Commission appointed to examine and decide on the
merit of his Lordship's discovery, is occupied with the
investigation of its principle, which neither trenches on
that of Captain Warner nor on the ingenious invention
termed gun-cotton, but is, in regard to the latter, of a
totally different nature. Cotton explodes instaneously,
like the galvanic spark, whereas his Lordship's disco-
very effects a continuous evolution of intensely powerful
elastic products—like the unremitting generation of
steam from boiling water, the effect of which has been
rendered familiar to the public by the steam-gun (or
tube) of the ingenious Mr. Perkins, from which a stream
of shot, following each other in close succession, pass
through the atmosphere with less opposition, and conse-
quently transport their overwhelming effect to a greater
• distance, than shells or shot propelled singly from artil-
- lery.—liampshire Telegraph.

LAW INTELLIGENCE.
PRIVY COUNCIL, Dec. 8.

The Judicial Committee of the Privy Council sat to-
day, in the Council Chamber, Whitehall. The Lords pre-
sent were Lord Brougham, the Master of the Rolls, Mr.
B iron Parke, Sir Herbert Jenner Fust (Judge of the
Prerogative Court), the Judge of the Admiralty Court,
and the Chancellor of the Duchy of Cornwall.

GORDON V. HORSFALL.

Mr. L. WIGnAM replied to- day on this appeal; and
Their LORDSHIPS postponed their judgment.
HER MAJESTY'S PROCTOR V. THE SOLICITOR OF THE

the notice papers as Dr. Holdsworth, of Whitehall,
Leicestershire, and Mr. M'Donald, of Stonehouse. I
recollect on the 17th of August Mr. Fitzgerald O'Brien,
of Ballycannon, Ireland, being admitted as a visitor in-
troduced by Dr. Holdsworth. He was balloted for on
10th of October, when 25 voted ; 13 were against him.
One in seven black balls excluded. At the general
meeting of the members which followed, some rumours
were afloat about these gentlemen, and in consequence I
wrote a letter to Guernsey. I received a letter in
answer, which was submitted in the first instance to the
committee, and afterwards laid before a general meeting.
In accordance with the instructions of the committee, I
wrote a letter to Dr. Holdsworth. (The letter was here
put in and read, which set forth that they (the commit-
tee) had heard certain statements about his conduct
at Tours, which would compel them to bring the matter
before a general meeting, and therefore they wished him
to withdraw from being a member of the club. An
answer from Dr. Holdsworth was received, denying that
he had done anything dishonourable while at Tours,
and hoping they would specify any charge they had to
make against him. Another letter was sent by witness
on the 29th of January, intimating that a imneral meet-
ing would take place on the following Thursday, at
which the connexion of the plaintiff with Connulty's
gambling transactions at Tours would be investigated.
A general meeting in consequence took place, specially
convened for the purpose. On the 31st, Dr. Holds-
worth sent another note, denying all connexion with
Connolty's gambling affair, and declaring the statement
of the Tours correspondent to be a " tissue of mali-
cious falsehood." The meeting was held on the
sth of February, and was very fully attended.
More than ninety members were present. Mr.
Hocker was in the chair. The letters received from
Guernsey were laid before the meeting; the corre-
spondence already referred was also read. Neither Dr.
Holdsworth, nor Mr. M'Donald were present. Mr.
Beer, an attorney, was present on their behalf, but it
was decided they could not hear him as their profes-
sional adviser. They wished Dr. Holdsworth and Mr.
O'Brien to attend and make their own explanations.
The latter gentleman was sent for, and the club waited
for more than an hour, but he did not come.

The Guernsey letters were then read, which were in
terms the same as what is given in the alleged libel
already published with the addition of recommend-
ing Mr. Lormer to apply to Colonel Lane of the
Guernsey United Service Club, if further information
was required, as he knew all about these " bucks." The
ballot then took place, when Dr. Holdsworth had for
him two white balls ; against him, 50 ; for Mr.
M'Donald, 1 white ball ; against him, 51. I returned
Dr. Holdsworth's subscription for the year. Dr. Holds-
worth since then had never remonstrated against the
decision.

Cross-examined—l allowed Mr. Latimer to take a
copy of the letters for insertion in the newspaper. I
think I cautioned him at the time about the insertion of
the letter, as it might be considered libellous, but I
cannot say the exact terms in which I expressed myself.
Re-examined—l believe that it was on the day the
paper was published that I expressed the opinion that
the contents of the letter might be libellous.
John Whitehead Yeard. barrister-at-law, and Deputy-
Chairman of the R ,yAI Western Yacht Club, examined
—I remember Dr. Holdsworth and Mr. M'Donald being
proposed to the club. I did not know them before,
though I was well acquainted in Plymouth. I was pre-
sent when they were balloted for. I put in a
blackball on the occasion, as I knew nothing of them.
On account of certain rumours about these gentlemen a
general meeting was held on the sth of February.
Before opening the business, Mr. Beer, an attorney,
and member of the club, said he appeared as
the professional adviser of the two gentlemen. It was
answered that he could not be heard as their legal
adviser, but that he could be heard as their friend. He
declined to speak in that capacity, and Dr. Holdsworth
and Mr. M'Donald were sent for, Mr. tyre going for
them as their proposer. Though the club waited a
considerable time they did not come. They were then
blackballed.

Cross-examined—l spoke rather strongly on the
occasion twice. In addition to the other letters referred
to, two were read from friends of 1)r. Holdsworth, a Mr
Lerraine and Mr. Weard. I never objected to the
reading of these letters.
Ernest John Craigie examined, said—l am a member
of the Royal Western Yacht Club. I recollect being
present at the club about the 9th of July last. On that
evening I left the club about half-past twelve, when, on
the proposition of Dr. Holdsworth, I went to Mr.
M'Donald's for supper. The party were Major Ford,
Dr. Heldsworth, Mr. M'Donald, Mr. Ayre, and myself.
When we got there a very nice supper was laid out, with
plenty of Champagne. After supper, play commenced.
I did not play myself, but bet money on Major Ford. I
lay on the sofa, and slept part of the time. I wakened
once or twice during the progress of the play and asked
how I stood in the game.—(Laughter.) Mr. M'Donald
and Major Ford played a good deal together, and during
the time I noticed Dr. Holdsworth moving about. I lost
about 201. I again was present with these parties on the
12th, and on or abut the 28th, at the club, when there
was considerable playing. On another occasion I invited
Dr. Holdsworth, Mr. 11`Donald, and Mr. Moore to my
apartments. I did not play on this occasion, but bet on
Mr. Moore. I lost 1001. to Dr. Holdsworth; and 401. to
Mr.. M'Donald. I lost money on the turning up of the
kings. I bet at first sto 1 on turning up the king, and
afterwards 4to 1, but lost. The usual odds is Bto 1.
Finding that the king came up too often, -I reduced the
odds. I should say the king was turned four or five times
out of seven.

On cross-examination the witness admitted that he
was fond of play, and had lost considerably on other
occasions, especially on horse-racing. Ile had lately
given up all play for large sums.
Eliza Thompson examined—Said, I reside at 84,
Union-street, Stonehouse. In April or May Mr.
*Donald took my lodgings for Mrs. M'Donald, a
servant, and three children. Dr. Holdsworth came with
them in a coach to my house. Dr. Holdsworth and Mr.
M.Donald went and slept at 45, on the opposite side.
Dr. Holdsworth always took his dinner with Mr.
M'Donald and faintly. In about a fortnight, Mr.
M'Donald and family removed to a furnished house, but
Dr. Holdsworth stayed some time longer at 45. On the
16th of August Mr. O'Brien arrived, and Mr. *Donald
took my apartments for him. Mr. M'Donald and Dr.
Holdsworth visited Mr. O'Brien often, and on several
occasions took refreshmenti, though Mr. O'Brien was
out. Mr. O'Brien gave-xn entertainment about the 8111
of October. It was a considerable one for my apart-
ments. Mr. O'Brien gave the orders for the articles
to b' supplied. A great number of respectable people
of the town, both male and female, were present, in all
about sixty. Mr. O'Brien I think left on the Wednesday
week following. I recollect also Mr. M'Donald leaving;
the ccach called at my house for them as it fronted the
road. Dr. Holdsworth was present when they left.
John Stone, tailor, at Plymouth, deposed that he knew
Dr. Holdaworth, Mr. M'Donald, and Mr. O'Brien, and
worked for them all. He knew Dr. Holdsworth first of
the three; the others came with him.

Wm. Henry Hawker, chairman of the " Royal West-
ern Yacht Club, " examined—l never heard of Dr.
Holdsworth er Mr. M`Donald before the proceedings
in the club. I was present when the inquiry took pLice,
and examined the ballot box.

Louis Bournier, a Frenchman, was examined in
French, and interpreted to the Court by Thomas
Davies. Witness—l was a resident at Tours, in
1842, and knew Dr. Holdsworth and Mr. M'Donald.
I was at a cafe, on the evening of the 9th of
February, and saw M'Donald there with Mon. Deson, a
Captain of French Hussars, Baron Rosseti, and another
gentleman. Mr. Connolty was also present. They were
playing when I arrived at the cafe, and Mr. M'Donald
was along with Mr. Connolty. They adjourned to a
room at the bottom of the garden, when Mr. M'Donald
went out and brought in Dr. no!dsworth. They ad-
journed to that room at twelve o'clock, as the police
closed the cat between eleven and twelve. They went
there at the desire of the master of the cafe. When Mr.
M'Donald came back with Dr. Holdsworth, Mr. Con-
notty was playing against Mons. Deson. The former
bet on Mr. Connolty's side, and Baron Rosseti and the
other gentleman bet on Mons. Deson. The play went
on till about day break. The first thing that excited my
suspicion of foul play, was the continual luck of Mr.
Connolty. They were playing at ecarte, and I remarked
always, that when the cards came into Mr. Connolty's,
and he had a king, he " pitched the corner." I further
noticed that every time Connolty dealt, he either turned
up a king, or had it in his hand. About two o'clock,
Baron Rosseti and his friend was leaving, but I followed
him, and brought him back, to show him how the game
was going on. I pointed out to Baron Rosseti a blue
pack of cards on the chimney-piece, which Connolty
had been using. Each party produced their own
cards in the game. I called attention to the game, and
plated out the king which was marked in a peculiar
manner by the thumb nail. I had watched very closely
the proceedings of Connolty, and noticed his manmuver-
ing, and also that when the king should have gone to
his adversary it came to himself. (The witness here
showed the process of manipulation employed.) Dr.
Iloldsworth and Mr. M'Donald betted continually on
Connolty. Mr. Connolty was wiener to a considerable
amount when they commenced playing at double or
They playedby putting about
mt
yw
quits. M. Deson had at this time lost 3,000 francs.
ehnatyndsrai
them on the
wehaerdnsl
and
dersruituegd
" they should not continue to play." M. Deson asked
the reason, when I answered, " Because you are playing
with a cheat." Connolty got up and inquired
why I said so, when I answered " You are
a cheat and a thief, for the four kings aro marked."
Connolty answered, "If that is so, let us throw them
into the fire, and begin the game with a fresh pack of
cards." This was refused ; when the cards were sealed
up by Baron Rosseti and Mr. M'Donald. Baron Ros-
seti first proposed this. Mr. Connolty wanted the cards
to be thrown into the fire, but Baron Rosseti refused,
saying they had proofs which required them to be sealed
up. I afterwards appeared as a witness against Connolty
at the Court de Correctional of Tours. The plaintiff
gave evidence in Mr. Connolty's favour. I heard Mr.
Connolty condemned to two years' imprisonment. I
was subsequently present at the Court of Blois, to which
Mr. Connolty appealed. The plaintiff was again pre-
sent as a witness for Connolty. The latter was con-,
dernred to two years' imprisonment, and to five years'
surveillance of the police, with the deprivation of civil
rights in the meantime.
____

The witness was cross-examined at some length with
the object of showing that he had not been examined at
the trial of the second appeal of Connolty to the
Orleans Court, because Connolty had evidence to show
he was not trustworthy. Witness admitted that one or
two persons from the prison of Tours had been sub-
poenaed to that effect, but the Court did not believe what
they said, and a former master of his, upon whom it was
alleged the witness had perpetrated a felony, came for-
ward and gave him an excellent character.
A copy of an examination of Louisa La Silva, taken
at Tours by commissioners, on the 19th of August, was
then read. She stated that she had resided for ten years
there. Dr. lioldaw9rth rented a furni3lied how° from

her. He had a good number of visitors, and they re-
mained till late at night. He went off in May, 1845,
and left a bill for rent unpaid. He now owes 3,000 f.
When he left Tours the time for which he had
taken the house was not expired. After he left
many tradesmen called to see him. Mrs. Holdsworth
did not leave till about six weeks after 1)r. Holdsworth
went away, and she left at night without witness's
knowledge.
The deposition of Francis Goubau, of Tours, was next
read, which set out that Mr. M`Donald hail rented a
house of him from 1842 to 1843. He remained sixteen
months. He had a wife and three children. Mr. Con-
nolty was a friend of Mr. M'Donald's, and visited him
often. He once saw Dr. Holdsworth at Mr. M'Donald's.

A deposition of a brother of Madame La Silva was
next read, but it contained no material point bearing on
the case.

Timothy Serve, attorney, produced an attested copy
of a decision of the Court of Cessation, on an appeal of
Michael Connolty from the Court of Blois. It was in
fact, setting aside the judgment of the interior court on
an interpretation of the law of France as applied to the
case, but not on the facts adduced on trial, and remitting it,
with all the documents in the case, for further considera-
tion. The witness, in examination, deposed that the
reason why Baron Rosseti was not present was his being
engaged on special service in the army. He had asked
a few days ago for the adjournment of the case, in order
to produce Baron Rosseti, but the plaintiff opposed it.
Baron Rosseti could not attend the commission when it
was at Tours. When he was at Paris he learned that
Captain Desonlad gone to Africa.
Lionel Lavelle, a resident of Guernsey, examined—
lam an hotel and coffee-home keeper in Guernsey. I
know both the plaintiff and Mr. McDonald. I first saw
them there in 1843, but the month I do not remember.
It was, I think, about the end of the year. I have seen
them often together at my house. They were living in
the island at that time. I only saw them play once at my
house ; it was at ecarte. There were three others
present on that occasion—MM. Boyer, Armand,
Denure, and Dr. Holdsworth. Of these two only
played, McDonald betted. The plaintiff played with the
other three in succession. They were all losers to the
plaintiff. I understand the game, and observed certain
proceedings of a suspicious character. I begged Mr.
Armand, in consequence, not to play. What was done
was by a quick movement among the cards, which only
a practised eye could observe. Mr. McDonald, during
the game noticed, had always some particular
order to give me when the cards were shuffled,
in order, I suppose, to call off my attention.
McDonald kept walking about, or standing beside Dr.
Holdsworth. Dr. Holdsworth always won, but the sum
realised was not very great as the stakes were small.
Mr. McDonald, accompanied by Dr. Holdsworth, came
next day into the coffee-house and asked if any one
would play, but no one would. I saw Mr. Sl'Donald in
the court yesterday.
The cross•examination elicited no point of material
importance.
Thomas Freehold deposed that in 1841 or 1842 he
resided at Guernsey. He met the plaintiff and McDonald
there at the United Service Club. He saw them occa-
sionally play at ecarte, sometimes against each other,
and sometimes for, but he noticed they always won at
high stakes. Witness went on to describe what he had
noticed when McDonald or Dr. Holdsworth played at
ecarte. Whoever played singly invariably was the winner.
Their plan was this—Dr. Holdsworth would challenge
McDonald to play, provided one of the bystanders would
join with plaintiff, when the latter lost. On other occa-
sions McDonald would challenge in the same way, when
Dr. Holdsworth won. He never saw Dr. Holdsworth
pay McDonald any money. Witness, on one occasion,
played with McDonald at cutting cards, when he won 51.
M'Donald wished then to play double or quits, but he
refused. Then they agreed to play it off in
twenty-four cuts, when, out of that number,
McDonald cut twenty-three times higher than he did.
On another occasion witness played partners with Dr.
Holdsworth against McDonald, when the former al-
ways lost. Witness then gave up partnership, when the
two partners continued the play, when Dr. Holdsworth
won continually to a nominal amount of 8004 No mo-
ney, however, passed between them.
The examination of William Taylor, taken at G uern •
sey, was next put in and read. It was similar to the
evidence that has already been given as to the proceed-
ings of Dr. Holdsworth and Mr. McDonald at Guernsey.
Siras Trapeau, a captain in the army, said he was
living at Guernsey as a half-pay officer in 1844. He re-
collected Dr. Holdsworth and Mr. McDonald. They
left in the autumn of 1844, and McDonald came back
some time after. Dr. Holdsworth followed. Witness
was a member of the United Service Club, to which Mr.
McDonald applied to be admitted on his return, but he
was black-balled. About this time another club was
projected, called the British Club, which was held at the
house of Mr. Taylor, and of which Dr. Holdsworth and
Mr. McDonald were members. There were rumours
abroad derogatory to these gentlemen's characters. Mr.
McDonald had been black-balled on account of
information derived from Tours. Witness told
this subsequently to the black-balling of Dr. Holdsworth,
and he said he would make the parties who said so
" pay for it," and that "he would bring them up."
Witness afterwards learned about plaintiff's play at
Guernsey, and told him of it. The witness here gave
some particulars as to the proceedings of the plaintiff in
the island, on which the charges and rumours alluded to
were founded.

Several other depositions of evidence, taken by com-
mission, in Guernsey, were put in and read. They cor-
roborated in a great measure the allegations of the wit-
nesses that had been exatnined.

Two witnesses from Leicester gave evidence that
Dr. Holdsworth left that neighbourhood in 1839. He
had been practising there as a general practitioner. lie
was in considerable debt when he left, and had not since
liquidated it. He sold his furniture, it was alleged, to
pay his creditors, but did not do so.
Sir F. THESSIGER, in a long and eloquent spoecb,
reviewed the evidence, contending that no direct proof of
the dishonest and disreputable transactions alleged had
been given. It was at the most but a bare suspicion,
and on that, he trusted, the jury would not allow the

character of the plaintiff to be blasted for ever.
The LORD CHIEF JD' 'TICE summed up. lie said
though the action was brought by the plaintiff to recover
damages for the injury done to his character by the libel
in question, he (the Lord Chief Justice) could not but
remark how little he had done to give a satisfactory ac-
.

count of himself. In matters of the present kind, when
a person came forward to claim damages, it was nece:-

nary that he should give something like a reasonable ac-
c.aint of himself. This, he must submit, had not been
done in the present instance in such a manner as was to
be expected. It seemed that the first they had heard of him
was as a general practitioner at Leicester, where, before
leaving, he advertised a sale of his furniture, intimating
to certain creditors who importuned him for money, that
he would apply the proceeds of the sale to their benefit.
It did nut appear he had ever so applied the funds
Again they fouad him residing some time in Tours,
where he also contracted debts, and when pressed for
his rent, he said he was going over to England to bring
back some money for that purpose. Ile left, but it
would seem had never paid the woman in question any-
thing up till the present time. It did appear at the
same time he had not been maintaining himself by his
profession, as no one had been called who he had at-
tended; nor was any evidence given to warrant the
supposition that he so supported himself. The charge
brought against the plaintiff was a very serious one,
being that of unfair gambling, and he (the Lord Chief
Justice) had been anxiously expecting under the cit.-
circumstances some good account given of him. He
certainly expected Mr. M'Donald would have been called,
who, it was proved, was in court yesterday, in order,
as a friend, and, it would seem, a companion, to give
some satisfactory account of plainliff, but this had not
been done. When counsel for the defendants had so
strongly challenged them to produce Mr. M'Donald, and
when the plea of justification put upon the record inti-
mated the course the defendants intended to take, he
did expect this matter would have been more fully at-
tended to. Still it was their (the jury's) duty, to see
the defendants' pleas established by evidence, and to that
he would address himself. The Lord Chief Justice
went over the newspaper article, explaining its charac-
ter in relation to the law of libel. It was certainly
strongly libellous in its terms, and what the jury had
to do with, was the justification set up. They must, in
considering that, take the proceedings of the plaintiff at
Tours, Guernsey, and Plymouth, and out of the whole
transactions, as viewed in connexion with each other,
come to a decision. The Lord Chief Justice then pro-
ceeded to read the evidence bearing on the general
charge; commencing at Tours, and going through the
whole in the order of time. Before he had finished the
evidence,
The Foreman intimated that the jury were unani-
mously of opinion that the defendants had made out
their case.
Mr. Sergeant CHANNEL called the attention of the
Court to the fact that there were seven pleas, and that
the jury would have to give a separate answer on each.
The LOAD Casai JUSTICE said, with respect to two
of the pleas, that about Baden, there having been a mis-
take in not setting it forth as Wisbaden ; and that re-
specting the alleged confederacy with O'Brian, which
was not proved, the jury would have to give them for
the plaintiff, leaving it to the Court to attach what im-
portance to those they thought proper ; with regard to
the other pleas, they would go for the defendants.
The Jury then gave a verdict to the plaintiff on the
two pleas stated, damages one farthing ; and for the
defendants on all the others, which are the main pleas.
The case did not close till ten o'clock last night, and
excited great interest throughout. An action by
M'Donald against the defendant is still pending.

COURT OF EXCHEQUER, Dec. 8.
O'BRIEN V. CLEMENT.

This was an action in which the plaintiff sought to
recover compensation in damages for a libel, which
contained a gross and unfounded imputation upon the
character of the plaintiff, and which was published in a
weekly paper, the property of the defendant,
Mr. Sergeant Murphy, Mr. M'Mahon, and Mr. Lush,
appeared for the plaintiff ; the Attorney-General, Mr.
Cockburn, and another Learned Gentleman, for the de-
fendant.

Mr. Sergeant Munrrnr, in openinm the case, said that
the defendant was the proprietor of Belts Lite in London,
a paper which had a most extensive circulation in every
town throughout the kingdom, and among gentlemen of
high character in the sporting world, in the columns of
which a libel affecting the character of any gentleman
would act with great force. The libel in question was
published in the month of February, 1846. The plain-
tiff was an Irish gentleman, who had resided in London
fur five or six years. In the month of August, 1845,
the plaintiff happened to go to Plymouth, and renewed
an acquaintance, which had taken place many years be-
fore in Ireland, with a gentleman named M'Donald. By
that gentleman he was introduced to another gentleman
of the name of Iloldsworth, and, with the exception of
that introduction, the plaintiff was utterly unacquainted

with that person. Mr. Holdsworth was a person moving
in a high station of life, and which was calculated to in-
dicate to a stranger like the plaintiff, that he was a per-
fectly honourabl man. Mr. ~I'Donald was a person
who in his own country held the station of a gentleman,
and was also a magistrate in the country. The plaintiff
remained for a period of five weeks in Plymouth, and be-
came intimate with many persons in that town of great
respectability. At the end of that period the plaintiff
was about to leave that town to go to Torquay. and be-
fore he left the town he thought he would make a fair
return for the hospitality he had received, and he ac-
cordingly invited several of his friends to his lodging,
and it was upon the subject of this entertainment that
the present libel was published. The libel in question
was as follows :
" ROYAL WESTERN YACHT CLUB.
" EXPULSION OF TWO BLACK LEGS.

" Circumstances of suspicion had attached for some
time to tAs o members of this club, owing to two gE ntle-
men having been `plucked' at the residence of one
the suspected members in a manner which seemed to in-
dicate foul play. One of the parties was fleeced to the
amount of 1,0701. in one evening, at cards ; the other
gentleman lost above 200/. In the case of the first gen-
tleman whom we have alluded to, the parties w, re
betting on the turn-up card, and his opponent
managed to turn up a king nine times running.
All these circumstances led to suspicion, that
suspicion led to inquiry, and the inquiry has resulted in
the expulsion of the two suspected members, and one of
them suddenly leaving the place." The part which more
particularly affected the plaintiff was the following por-
tion of the libel:—" A short time since a person known
now to he a confederate of the expelled parties sought
admission into the club, his name was 0. B. He
gave a crack entertainment a few days before he was to
be elected, as he thought. The party was graced
by almost all the rank and fashion of the
;he was going to make his entree in
style. Two or three days after
neighbourhood
he stood the ballot, and was black-balled. The
e;ub in great
next morning he bolted, and some poor tradesman
had to lament the fashionable character of his entertain-
ment, and the great desire he had for display. The talk
and, excitement this black-balling occasioned was very
great ; other gentlemen who had stood the ballot at the
same time trembled lest the same fate should await them,
especially as one black ball in seven excludes any person
who may seek for admission. Subsequent events
proved that the course then adopted with reference to
0. R. was a very judicious and wise one. It turns out
that Dr. IL and Mr. 0. 8., the members black balled, had
been engaged in nefarious transactions at Tours and at
Guernsey, for which they had been convicted and impri-
soned In Ireland they had equally distinguished them-
selves. Plymouth has had a riddance of such black sheep.
whose infamy was only equalled by their impudence."
The Learned Sergeant went on to say, that there was
not the slightest foundation for the charges contained in
the libel. The plaintiff had never been either to Tours

or to Guernsey, and the occurrences alluded to in the

former part of the libel took place prior to his visit to
Plymouth.
Mr. Tunstall, a member of the Royal Yacht Club, was
called, and stated, upon cross-examination by the
ATTORNEY-GENERAL, that in reading the paragraph he
should at once perceive that it did not refer to the plain-
tiff, and that the initials of Mr. 0. B. were, in his
opinion, set up by the printer i❑ mistake for M. A. C.,
the initials of one of the persons who was black-balled
and expelled from the club.
The ATTORNEY-GENERAL then replied with great
warmth, and denounced the present as an action brought
not for the purpose of vindicating plaintiff's character
so much as for the purpose of obtaining damages. The
situation of a public journalist was one of great onerous-
ness, and the proprietor of the journal now sued, as de-
fendant in the present action, had in the discharge of a
great public duty admitted the paragraph into his co.
lumns. If it could be proved that the defendant
had published this statement by gross negligence
or by actual malice, no doubt the plaintiff
was entitled to great damages ; but nothing of
the sort had been proved, an ample apology had been
published, and the sum of ten shillings had been paid
into court. With reference to the libel itself, it was

clear that one portion of it had no reference to the
plaintiff. It was headed "Royal Western Yacht Club—
Expulsion of Two Members." Why, the plaintiff never
was a member ; he was refused admittance to the club,
as stated in the latter part of the paragraph. In
reference to Chat part of the libel oharging the plaintiff
with being a confederate of these parties, the defendant
not being able to prove, had published an ample
apology and retractation. The present was only a series
of actions. Dr. Holdsworth and Mr. M'Donald had
brought actions against the proprietor of the Plymouth
Times for the same libel. The plaintiff had also brought
an action against the Plymouth Tunes. The article in
question was copied from a country paper without inte-
rest or without malice, and the smallest amount of da-
mages would amply satisfy the demands of the case.
The LORD CHIEF BARON, in summing up to the jury,
said that as it was admitted that a verdict should be given
for the plaintiff, the, only question for them to decide
would be the amount of damages to be awarded
to the plaintiff. The defendant had, it appeared,
published an apology for a portion of the libel com-
plained of, hut the more important portion of it—
that referring to the plaintiff being a confederate of cer-
tain parties who had been expelled from the club for
mal-practices, no apology had been made, and although
a justification had been pleaded, yet no evidence had
been brought forward for that purpose.
The jury, after a short consultation, returned a verdict
for the plaintiff—Damages, 301.
O'BRIEN V. DRIANT.

,This was also an action for libel, brought by the same
plaintiff as in the former action, against the defendant,
the proprietor of the Plymouth Journal, for the publica-
tion of the libel complained of in the former action.
Mr. COCKBURN, Q.C., on the part of the defendant,
said that he had been misled by the intimacy which sub-
sisted between the parties into the supposition that the
plaintiff wi.s a confederate with them, but that subsequent
inquiries had led him to believe that such was not
the case ; and he, therefore, wished to express his
sorrow for the publication of the libel, and at the same
time to retract everything contained in the paragraph
which had the slightest reference to the plaintiff. If the
Learned Counsel for the plaintiff would accept this
apology, he would consent, on the part of the defen
dant, to a verdict for the plaintiff, with damages to carry
costs.
Mr. Sergeant MURPHY said that his client bad no ob-
jection to such a course, providing all the costs, in-
cluding those between attorney and client, were paid.
Mr. COCKBURN declined to accept such terms; he
had no objection to pay the usual costs of these actions.
The LORD CHIEF BARON—When I was at the bar I

never would be a party to any agreements involving the
pay mint of costs as between attorney and client.
Mr. Sergeant MURPHY at length acceded to the pro-
position of the Learned Counsel for the defendant.
The LORD CHIEF BARON—Under these circumstances
I have no doubt, considering the ample and handsome
apology made, that the verdict will be of more value to
the plaindif than one returned for a large amount of
darnivies.
The: jury accordingly returned a verdict for the
plaintiff—Damages, 40e.
LIABILITY OF PROVISIONAL COMMITTEEMEN.
GELL,ityLORD CURZON.
In this case Mr. Maw` and Mr. Ogle appeared for
who had been employed as a so•
the plaintiff; the AttUrgi;•y-General (with whom was
Mr. Keean) appeared for the' defendant.
The plaintiff was a solicitor, carrying on business in
lthei t
oCr t
0 Junctionthe
Oxford,
Carlton r 1 t o n-c harnb ersT Hilrh Wycombe, and Ux-
bridge.ie
Railway
The defendant was the
deputy-chairman of the managing committee of the
above-named railway.
The plaintiff's demand against the defendant was for
the sum of 5,0001. Upon the winding up of the affairs
of the company several meetings of the provisional com-
mittee were presided over by the defendant, at which
resolutions were passed to the effect that each of the
members should contribute a certain sum towards the
expenses already incurred. Of this sum so contributed
the plaintiff had received 1,480/. The defendant had
not, however, paid any portion, and it was to enforce
the payment of the balance of the account that the
present action was brought against the defendant.
The defendant,acnong other pleas, pleaded non-liability,
and this was the issue which was to be tried.
Witnesses were called on the part of the plaintiff to
prove the facts above stated, also that his Lordship was
present at several meetings of the provisional committee,
and presided upon each occasion ; and that the minutes
of the first meeting of the company, on the Bth of Octo-
ber, 1845, appointing the plaintiff solicitor to the com-
pany were confirmed and signed at a subsequent meet-
ing, on the 26th of October, by his Lordship. A ma-
naging committee (three of which were to be a quorum)
were also appointA by the provisional committee.
At this stage of the proceedings,
The ATTORNEY-GENERAL interposed, and said that
he must make an objection to the reception of any evi-
dence of a date subsequent to the date of the 20th of
October, no meeting having been attended by the de-
fendant since that period, and he apprehended, according
to the opinion of Mr. Baron Parke, that only thosa

persona who should be present at the meeting when
any order was given were to be held liable
for such order. Another objection was also raised
by the Learned Gentleman, which was, that the
solicitor was appointed under the 6th section of the Act
of 7 and 8 Victoria, to register and do all necessary
works for the formation of the company. lie had not
registered himself as the solicitor to the company, for it
appeared that he was registered as solicitor by the
promoter.
The LORD CIIIE7 BARON said he would reserve these
points.
The examination of Mr. Cayley, the promoter and
secretary of the company, was then proceeded with.
The case, however, was not completed when the Court
rose, and the further proceedings were
postponed till
to-morrow.

COURT O.F BANKRUPTCY, Dec. 8.
IX RECHARLES COLLINS.
This bankrupt, who had been secretary to Pilbrow's
Atmospheric Railway Company,
and was a provisional
o)mmitteeman, or otherwise connected with several
other railways, eazae up this day to apply for his
certificate. After hearing the examination of the bank-
rupt, which took a .lonsiderable time,
The Learned CosrsusbioNEn gave judgment, and said
that it was with the bankrupt's conduct as a trader that
the Court had to deal
, and the question was raised as to
whether there had be n reckless speculation prejudicial
to the estate. Ile th( night there had not. It had, how-
ever, been allege 3 that a large amount of
shares had not been accounted for. Strict inquiries
had been made on that point, and advertisements
inserted, and the char ;t: had not been made out ; lastly
came the question of a fraudulent preference to one
creditor ; that he co as.;dered made out at the last ex-
amination, decided'lsLnd. suspending the certificate for
six months. That time ,
A. -;Tig expired hi making in.
*, ...,