The Sun.
London, England, 1846-03-25 00:00:00

Sheffield, Ashton-under-Lyne. and Manehceter (Walt y-bridga and
Hayfield Branches).
Scottish Central a, d Caledonian Junction.
St. Alban's, Hatfield, and liertfordJunction.
The first case called on was the
LZSMAHAGOW, DAMSERT, AND COAT-
BRIDGE IVIINZRAL 3'I7,aCTION,
which was partly heard yesterday.
In the course of the proceedings it apps
ued that there was a
clause in the Bill empowering the promoters to lease their line to the
Edinburgh and Glasgow Railway Company, of which no notice bad
been given in the Muerte. To this the Chairman took objection. The
room was cleared for consultation, and on our re-admissien,
The CHAIRMAN said that the Committee would be obliged to report
non-compliance with the standing orders on the above ground. but
that in every other respect they would report compliance.
BRXDGEWATZR, TAUNTON, CANAL RAIL-
WAY AND HARBOUR.
This case was postponed, the promoters not being present with the
1
requisite proofs.
BIDEFORD AND TAITISTOCX.
This case was the next called on, when it appeared that it was an
opposed Bill, and, at the request of the promoters and the oppuing
agent, it was postponed until Holiday nest.
LANARKSHIRE AND LOTRIANS.
The agent in this case stated that the promoters were not pre-
pared to proceed with the Bill, and they requested permission to
have it postponed until a future day.
The CHAIRMAN said, it appeared that the ease was an opposed
one, and it was not in their power to grant the application. The
parties had better proceed with their cue in the best manner they
could.
After a short delay, the case was accordingly entered into, when
it appeared, that the object of the promoters is the construetioa of
lines of railway, to connect the Lanarkshire iron•works with the
West Lothian coal line end limestone fields, to afford an uninter-
rupted communication between the East and West Coast of Scotland,
and Idve a new and additional supply of coal to the city c,f Edinburgh.
The length 13 8 miles, and the estimated cost 600,0001.
Engineers, Mr. George Bpcbanan, and Messrs. Edward and Win.
~Bass,,.Glasgow ; Parliamentary Agent, Mr. G. H. Lang; Solicitors,
Messrs. Campbell tend Tennant'.
LANARN.SITIRE AND LOTHIANS.
The evidence of all the witnesses, with the exception of the
engineer, having been teudered,
Mr. LANG applied to have the case postponed, to which
Mr. Plum the opposing agent, objected, and the Committee' after
a brief delay, decided that the promoters should proceed with their
case.

TUESDAY NIGHT'S GAZETTE. '
Commissions by the Lord-Lieutenant of Devonshire.
The Right Hon. C. B. Lord Clinton, to be Deputy Lieutenant,
Dec. 27, 1845 ;J. Sillifant, Esq., to be Deputy Lieutenant, Jan. 17,1846.
East Devon Regiment of Militia—F. 11. Short, E.g., to be Cap-
tain ; G. Furedon, Esq,, to be Captain ; C. Rumley, Gent., to be
Lieutenant ;P. C. Lipyeatt, Gent., to Lieutenant, Jan. 13 ;W.
1). Band, Gent., to be Lieutenant, Jan. 26 ; C. It. Ellicornbe,
to be Ensign, Jan. 13; F. G. Young, Gent., to be Ensign, Jan. 26.
First Devon Regiment of Yeomanry Cavalry J. Garrett, jun.,
Esq.. to be Captain ; W. Barnes, Gent., to be Lieutenant ; E. Trood,
Gent., to be Lieutenant, Dec. 24, 1845.
Commission by the Queen.
Berwickshire Militia—Captain J. Cox, from the 92d Highlanders.
to be Adjutant, vice Captain A.D. M'Laren, placed upon the Retired
List, Feb. 16, 1846.
Commission by the Lord Lieutenant of Lancashire.
First Regiment of the Duke of Lancaster's Own Militia—Captain
G. °mid, to le Major, vice North, r7sigued, March 19.
Third Regiment of the Duke of Lancaster'! Own Militia—E. Lister,
Gent., to be Lieutenant, March 18; E. C. Moore, Gent., to be Lieute-
nant, March 19 ; H. R. Clarke, Ge- t., to be Lieutenant, March 20;
J. E. Orrell, Gent., to be Lieutenant, Merck 21 ; J. German, Gent.,
to be Lieutenant, March 22 ; J. Worthington, Gent., to be Ensign,
March 21 ; N. Gardiner, Gent., to be Ensign, March 22.
Commissions 1 y the Lord Lieutenant of the Count, of.Glamorgan. I,
To be Deputy Lieutenants —C. Bailey, Esq. ; R.Fothergill, Esq. ;
W. Llewellyn, Esq. ; E. Morgan, Esq. ; W. Thomas, Esq, ; G. Tur-
bervill, Esq., March 10.
Royal Glamorgan Light Infantry Ba.talion of :Militia—T. Fitz.
gerald, Gent., to be First Lieut., Feb. 17 ; T. Place, Gent., to be
21 .G'siervi
tt
H..
,Ln.
to
sAoeer
ne ib.ot ,
Seconde
moryl
,11sibfiE.
12ci3ii
uteMo by tueht.nbe.
t., tere
eolbdpl. abrer
First Gent.,ke Lieut.,
to t Fb
.1121 L iwe u.t ,
Lewis Feb
ul2.,tiBye.uit.
Lieutenant
osf,
t 11; Herefordshire.
di
idur
red.
0, Es q
Captain,l to fs
,a
t; Deputylv
t.Lieutenant;3rle
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Deputyj u n
HeretbrydicsehiNrye.alll,elf,:tnni,epnrot ofmlEertenainot,beAtaprceltpult9y.
8.19. R. 3lynors, EN., to be
Commissions by the Lord Lieutenant of Hampshire.
promoted,
W. H. Hughes, Esq., to be Deputy- ieutenant ; D. T. Canyng-
ham, Esq., to be Deputy Lieutenant, March G.
North Hants Yeomanry Cavalry—J. Rivers, Gent., to be Lieu-
tenant; E. 1). Allen, Gent., to be Cornet, March 6.
Commissions by the Lor 1 icutenant of Aberdeenshire.
J. Duff, Esq., M.P., to be Deputy Lieutenant; A. D. Fordyce,
Esq.. to be Deputy Lieutenant; J. 11. Leslie, Esq to be Deputy
Lieutenant, Jan. 26.
Commissions by the Lord Lieutenant of Suffolk.
Western Regiment of Suffolk Militia—The Right Hos. F. W.
Hervey, commonly called Earl Jermyn, to be Colonel, vice the Earl
of Euston, resigned, March 20.
Commissions by the Lord Lieutenant of Wilts.
Royal Wiltshire Regiment of Militia —W. Long, jun , G nt.,
to be Lieutenant, March 15 ; G. Gould, Gent.. to be Lieutenant,
March 16 ; E. H. Mortimer, Gent., to be Lieutenant, March 17 ; G.
H. Goddard, Gent., to be Ensign, March 15.
Commissions by the Lord Lieutenant of Forfarshire.
Forfar and Kincardine Regiment of Militia—T. Scott. Gent., to be
Lieutenant ; W. P. Scott, Gent., to be Lieutenant CG. Lyell,Gent., to
be Ensign, Feb. 17.
Commission by the Lord Lieutenant of Perthshire.
Royal Perthshire Militia—J. D. M'Gregor, Gent., to be Lieutenant
vice A. Stewart. deceased, March 18.
Erratum in the Gazette of the 10th inst.
Prince Albert's Own Leicestershire Yeomanry Cavalry—For T. J
Paris, Gent., to be Cornet, &c., read T. J. Para, Gent., to be Cor
net, &c.

the interpretation thereof, the re-appearing on earth of the
spirits of the departed, &c., yet, in the main, he was a
shrewd, sntsible, keen man.
Mr. Coe:Kearns then proceeded to open the case for the
defendant, with a view to prove the insanity of the testator,
and certainly a more extraordinary case we never remember
to have heard ; but the principal delnsif)n under which the
testator appeared to have suffered was, that no woman could
be chnite, and that his wife in particular was abominable ;
and all this, so far as the evidence want, was utterly without
foundation—one moment accueing her of conspiracy, incest,
and adultery, and in the next writing of her in the most
affectionate and endearing terms. -He was exceedingly
jealous of his female servants being contaminated, and would
discharge a labourer if he even looked towards the house.
The girls woad take advantage of this delusion under which
he suffered, and would, when he was 10.60ut the premises, set

up a scream, upon which he mould iminediately take off his '
shoes and run round to the door to save them. He was
curious, also, in his way of dealing with his labourers ; he
would make them all work in a line, and would call them to
work or to rest by the sound of a horn. As to hi conduct
in the houses he would get up, light the fires, and make his
servants' breakfast, and if a fire wanted blowing he would
have all the fires in the house blown at the same time ; and
so with warming the beds, and when the pan was brought.
down he would feel the bottom of It, and if he thought it
felt too warm he would send the servant up again to renew
her work, saying, he would not have his coals wasted. On
one occasion he made his wife sit with him all night long in
the coal-cellar ; on another he mistook a log of wood fer a
devil. and would have it shot at. At another time he said
he was beset with twelve devils, he accordingly went out,
and having fired a pista twelve times, he came back p ici-
tied, saving he had killed all the devils. Mr. Cockburn, in
his address, read an immense number of letters, showing his
opinion of women and of his wife, but the details were
too disgusting and horrible to be given, and
could only be asci ibed to the mental delusion under
which he was suffering. At the conclusion of Mr.
Cockburn's address he proceeded to call his witnesses.
and shortly afterwards Mr. Humfrey informed the Court
and jury he should trouble them no further. He could not
conceal from himself that the case opened by his friend, and
proved by the documents he had been permitted to see,
would lead the jury to believe there was general insanity;
therefore, considering the proper attestation of the will might
also be doubtful, he was content not to ask a verdict at their
bands. Before he did that he begged to make an observa-
tion as to Mrs. Thornhill; lie wished to say, from the evi-
dence and all he had heard, that the testator's conduct with
regard to her was a perfect delusion, and he trusted that in
the mind of every honourable man who might read or hear
of this csse no ground of reproach would remain as to her
conduct ; it was his duty so to say, and he hoped it would be
a satisfacton to her feelings that he made that apology for
speaking of her before in a manner which only arose from
his not hearing the case.
The CHU' JUSTICZ said he thought the Learned Counsel
took a very proper view of the case, whilst the observations
he had made were handsome and honourable to his feelings.
A verdict was then taken for the defendant.

Mr. Pairr said, that the first allegation to which he would call the
attention of the Committee was that of the Monkland and
Kirkintilloch Railway Co:npany, who complained that their
names had not been mentioned either in the books of
reference, deposited in the offices of the clerks of the peace in
the district through which the line was proposed to pass, or in the
documents deposited in the Private Bib• office, as owners of the Rose-
hail branch of their railway, with which the promoters of the present
Bill intended to interfere.
The allegation wasdeclared to be sustained.
The Committee was occupied during the remainder of the day with
other minor allegations, some of which were sustained and others not.
The case was adjourned until to-morrow.

STANDING ORDERS' COMMITTEES.
HOUSE OF LORDS.
•• IRISH GREAT WESTERN (DUBLIN TO GALWAY):
The Committee met this day at eleven o'clock.
Sir John Macneil was cross-examined by Sergeant Wranghsun,
upon behalf of the Mullingar Company. He stated that he was
engineer to the Mullingar Company last year, and that a plan
purporting to be a line of railway from Mullingar to Galway was
lodi,ed with the Board of Trade, and certified by him as engineer,
but that the scheme was got up in a great hurry, and merely as a
project to give the Company lotus standi before the House,
and that he would not have carried out the project, but would have
resigned his appointment. The tendency of his cross-examination
did not weaken his client's examination in favour of the Dublin and
Galway.
Mr. Ron then cross examined the witness on behalf of the Royal
Canal, and Sir John stated that he considered that the canal
would not be injured by the establishment of tke Dub:in and Gal-
way, but In some respects much advanced, and the property mate-
rially increase its fraftle. •
DUBLIN AND GALWAY.
This case having been closed for the promoters,
Mr. Sergeant Wass:et-mu addressed the Committee for the Dublin
and Mullingar Company. The Learned Counsel complained of the
other side haying abandoned certain plans which were submitted to
Parliament last year, and coming in now for the same powers
with . altogether new plans and sections ; in fact, quite
a new survey. The Learned Sergeant having gene at length
Into the merits of both lines, concluded by stating that he would
call such evidence as would alter the impression made by the pro-
moters of the Dublin and Galway line.
The first witness was then called, and the Committee adjourned
till eleven o'clock to-morrow.
THE NEWLY, WAItRENPOINT, AND ROSTREVOR.
The Committee appointed to consider the merits of this Bill com-
menced its sittings to-day at twelve o'clock, the Earl of Rosebery in
the chair.
Mr. ALEXANDER opened for the promoters, after which witnesses
were called in to support the preamble.
The case for the promoters having closed,
Mr. Aunts/ addressed the Committee for the Newry Navi-
gation Company, who opposed the proposed line of railway on
the ground that it would injure the traffic of tee canal. The
Learned Counsel concluded by saying that be would call
evidence to show the injury which his clients would sustain; after
which he trusted the Committee would fix a rate of compensation
which would indemnify the Navigation Company.
The Committee then adjourned till twelve o'clock to-morrow.
DIRECT LONDON AND PORTSMOUTH RAILWAY.
The Committee met this day at half-past one o'clock ; present, the
Earl of Shaftesbury (in the Chair), Lords Redesdale, Ilawarden, and
In this case the Company having received their Bill, ox their
undertaking to produce a Bill signed by the proper parties,
The agent for the line submitted to their Loniships that the proper
deed lead been prepared, and the Committee accordingly confirmed
their decision of yesterday.
LONDON AND YORK RAILWAY.
This case which came under the denomination of privileged Bills
was the next which came under the consideration of the Com-
mittee.
The same objection as that tendered against the Direct London
• and • Portsmouth lailWay (and which may be seen in our railway
report yesterday) was also urged against the line.
The Committee adjourned the case to Thursday next.
A question arose—that as the new deed of contract had been
executed by other parti a from those who paid the deposits—whether
those parties had any eisi-n on the fluid in court, which had been
paid under the t irtue of the old deeds ?
The Committee decided that as the money bad been paid on ac-
count of the Company of the London and York Railway, they were
entitled to make use of it.
WEXFORD AND WATERFORD, AND VALENCIA RAILWAY.
This case was adjourned until Thursday next, the parties not
• being in attendance.

BANKRUPTS.
James Giro, merchant, Moorgate-street, City, to surrender April 6,
at half-past eleven, and May 5, at twelve, at the Court of Bank-
ruptcy. Alsager, official assignee, Birchin-lane, Cornhill ; Peile,
Great Winchester-street.
Charles Henry Waters, dealer in paintings, Queen's-row, Pimlico,
March 31, at half-past one, and May 5, at eleven, at the Court of
Bankruptcy. Whitmore, official assignee, Basinghall street; BUT,
bidge, Hatton-garien..
Joseph Thompson, grocer, Norwich, April 7 and May 5, at one,
at the Court of Bankruptcy. Fennell, official assignee ; Gillman,
Norwich; Storey, Gray's inn-olace, London.
William 31orpliew, draper, Sevenoaks, Kent, April 1, at half-past
two, and May 7, at eleven, at the Court of Bankruptcy. Bell, offi-
cial assignee, Coleman-street-buildings; Reed and Langford, Friday-
street, Cheapside.
John Perkins, jeweller, North place, Gray's Inn-lane, March-2S,
at two, and May 16, at twelve, at the Court of Bankruptcy. Fol-
lett, official assignee, S'ambrook•court, `Bashighall-street; Clark,
Finsbury-place.
Thomas Peiraon. money scrivener, Warwick-court, Holborn, April
4, at eleven, awl May 16, at eleven, at the Court of Bankruptcy.
Green, official assignee, Aiderinaubury ; Bell and Co., Bow Church-
yard. •
John Brett, sheep salesman, Lir on, Bedfordshire, April 7, at two,
and May 5, at one, at the Court of Banknir te . Groom, official
assignee, Abchurch-lane Wilkinson, Nicholas-lane, Lornbaid-street.
Richard Ellis, carpenter, ltichmond-street, Soho, April 1, and May
5, at two, at the Court of Bankruptcy Edwards, official assignee,
Frederick's-place, Old Jewry ; Carlon au.t Haynes, Palace-
chambers, St. James's-street.
Ann Abigail limell and Alfred Cooker, varnish manufacturers,
Little Queen-street, Holborn, April 7, at two, and May 5, at half-past
two, at the Court of Bankruptcy. Groom, ofticia assignee, Abehurch-
lane, City; Stuart, New Inn, Strand.
Martin Cubitt, builder, High Holborn, April 3, and May 7, at two,
at the Court of Bankruptcy. Johnson, official assignee, Basinghall-
, street ; Smith, Southampton-buildings, Chancery-lane.
George Prince, wine-merchant, Nonisey, Hampshire, April 1, at
half-past twelve, and May 6, at eleven, at the Court of Bankruptcy.
Bell, official assignee, Coleman-street-building,; Watson and Co.,
Falcon-square.
William Bull, cloth-merchant, Leed', April 4 and 27, at eleven,
at the Leeds District Court. Kynaster, official assignee, Leeds
Aurilow and Co., Chancery-lane; Lee, Lucia.
James Riding and James Fielding, cotton manufacturers, Leyland
Lancashire, April 4, at eleven, and April 30, at twelve, at the Mail
cheater Okada Court. Hobson, official assingnee, Matehester
Wine and Co., Temple, London ; Winder and Co., Bolton.
[Dividends, &c., in our Next.]

Leicester, March 21.
The commission for this town and the county were opened
en Friday by Mr. Justice Coltman. There are twelve pri-
soners for the town, and nineteen for the county. Among the
former is one for murder, a report of which case appears be-
low. In the county calendar the offences charged are com-
paratively trams:.
M URDE Was. Hubbard was charged with the murder
of his wife on the 11th of August last.
Mr. Hildyard conducted the prosecution, and Mr. Macauley
the defence.

The prisoner and his wife lived in the borough of Leices-
ter, and had been !parried three years, and some time before
her death had been lodging at the house of Elizabeth Hab
bard, the prisoner's sister-in-law. The prisoner had been ill
for some time, and in consequence was reduced. to a great
state of poverty. On the Thursday previous to her death,
the wife, who had expressed an intention of going to Bir-
mingham to her friends for some time, called in a broker to
sell some furniture, and goods were sold to the amount of
one pound. The prisoner took a bedstead and bed away
with him to his father's, where he slept from the Thursday
previous to the murder. It would appear the prisoner
seemed uneasy at the prospect of hi wife going away. On
the night before the transaction in question. the prisoner and
his wife were talking together in the entry leading to his
brother's house for three-quarters of an hour. They then
came in together ; they appeared to have been quarrelling.
The prisoner bade them good night and went away. Eliza-
beth Hubbard slept with her husband in the frent room, the
deceased occupied the back, ha✓rng with her a child of her
sister-in-law and her own. In the morninte she got up at an
early hour, went down stairs, and proceeded to light and
blow the fire. Elizabeth Hubbard heard the voice of some
one talking with her; it was a man's voice. Shortly after-
warde the foot of a man was heard coming up stairs, and to
go down again. The child had been cryirg previously, but
had ceased, when the same voice, which seemed the pri-
soner'!, said, " It's asleep." There was a scuffling took place,
and the bellows used in blowing the fire was heard to fall, as
if hit down. Prisoner's brother and brother's wife got up
and came down in their night-clothes, when they found the
deceased leaning forwards with her hands stretched out, and
blood flowing from her throat•copiously. The prisoner was
standing in a corner of the room. sister-in-law said,
"Oh, Bill, what have you done?". He replied, " I intended
to do :t if I got hung for it." The prisoner shortly afterwards
left the spot, and was ultimately arrested in a field, at a short
distance off, near the canal. A surgeon was called in, but
the woman died shortly after the wound had been itfflieted.
A knife was found pear the canal side. When arrested, he
asked the police-constable to go to his mother, and tell her
not to fret about it.
Thomas Highton, surgeon, stated that he was called in at
about half-past six. Deceased was in a chair. The wound
in her throat caused her death. She could not have spoken
after it, for it severed her windpipe, and must have been done
by a person standing behind.
The prisoner was found Guilty, when
M. Justice COLTMAN passed the awful sentence of the law
upon him. that he be hung, holding out no hopes of mercy.
The prisoner remained unmoved during the trial. He was
spoken off by the witnesses as a mild inoffensive man, while
the deceased was often violent in her conduct towards him,
and once struck him with a poker.

LAW INTELLIGENCE.
HOUSE OF LORDS, March 24.

- _
The liouge sat to-day t hear scotch appeals. The Peers presen
were the Lord Chancellor, Lent Brougham, and Lord Campbell.

HOUSE OF COMMONS.
MIDLAND (SWINTON TO LINCOLN).
The promoters in this case were allowed to go on, on condition
that they divided their present measure into two Bills.
BRADFORD, WAKEFIELD, AND MIDLAND.

Not arowed to be proceeded with.
The Committee adjourned till to-morrow, at one o'clock.
Sub-Committee, No. 3.

This Committee re-assembled this Mottling at the usual hour; Mr.
Aldam (Chairman), Mr. Broadley, Mr. Thornely, &c., In attendance,

WESTERN CIRCUIT —Exeter, March 21.
NISI PRIUS COURT.—(Before Mr. Baron ROLFE and a
Special Jury.)
BREACH OF ritomise.—ELLlCE V. FENWICK.
This was an action brought by the plaintiff, who is a lady
formerly residing at Teignmouth, in this_county, against the
defendant, for a breach of promise of marriage.
Mr. Greenwood and Mr. Stone appeared for the plaintiff;
Mr. Crowder, Q.C., Mr. Haywood, Q.C., and Mr. Montague
Smith for the defence.
Mr. STO/in having opened the pleadings,
Mr. GREENWOOD stated the facts of the case to the jury.
He then called
Miss Amelie Longdie examined by Mr. STONE.—I know
the plaintiff and the defendant. In the autumn of last year
I was lodging with Mrs. Ellice at Teignmouth. She was a
widow, about thirty-five years of age. She had one daughter,
aged eight years, and had four children of Mr. and Mrs
Sewafd uncle be charge. Mrs. Ellice was introduced to the
defendant by Mr. Hayes. The defendant lived at Veal's
Hatch, and had a cottage at Combe, close to Paddon's farm-
house. He is about thirty. He appeared to be a man of wealth ;
kept horses, dogs, a dog-cart, groom, a yacht with rive men,
a phaeton, also a gamekeeper; he rented a manor also. He
said he had a house ii town, a barouche, an estate at Hay-
ling, also one at Croydon. He came to Mrs. Ellice's daily:
some days many time!. We often went out in his yacht, by
invitation, myself, the plaintiff, and Mr. and Mrs. Hayes.
I remember the Teignmouth races. On the second day we
both went. I and Mrs. Ellice walked to to the course with
the defendant. The rice course is Close to the town. He

EXETER GREiT WESTEIeN.
The consideration of this case was resumed this morning, having
occupied the Committee during the last twe days they sat.
1‘ !Messes were examined this morning in reference to the allege
Lion contained in the petition of Mr. Townsend, the consideration of
which was referred to in our report yesterday as having been post-
poned till evidence on the point was submitted. •
After a lengthened investigation, the Committee decided that a
suftiolent publication of the intentions of the promoters had tal,eu
place, and that the allegation of non-publication was not proved.
The petition of William Cnff, the owner of an orchard, was then
gone into, which alleged omissions and misdeseriptions, not in con-
formity with the standing orders.
The Committee was of opinion that the objections wore too frivol-
ous to be entertained.
The petition of the executor Robert Pearce, alleging that no notice
had been given of the construction of the line, was then taken into
consideration.
The Committee decided that in this case the standing orders were
complied with, sufficient care having been taken to ascertain the re-
puted ownership of the lands in question, and due notice having been
served in accordance with the result of that inquiry.
William Higgins and others presented petitions, the allegations cf
which were of a similar nature, but maLy of the objections of which
were pronounced to be immaterial and frivolous.
The Committee then adjourned till twelve o'clock to-morrow.

Room No. 9.

11: embers present—Mr. T. Estcourt (Cluerman), Mr. OM, gir J. Y.
Buller, Mr. StruA, and Mr. IL Pendarves.
The Arbroath and Forfar Railway was allowed to go on.
The decision in the case of the Newport, Abergavenny, and Here-
ford Railway was postponed untß Friday next.
The Leeds Central Railway, the Boston, Stamford, and Birming-
ham (Stamford to Wisheach) Railway, were also alowed to be pro-
ceeded with.
BIRMINGHAM, LICHFIELD, AND MANCHESTER.

was particularly attentive to Mrs. Ellice, and introduced her
to his brother-in-law, Mr. Marron, I saw the defendant on
the next day. He Invited myself and Mrs. Ellice to ge
to 'l' rquay. We weft about tWo o'elock, in a him:
eatriage. lie Was exceedingly attentive to the plain-
tiff. We returned in the evening. On the next day
he callsd, and said he' was going to London. On that
day I dined at Mrs. lityes'A. On my return I found
Mr. Fen ick there in the drawing-room with the plaintiff.
I thought my company was not desired, and I went into the
next room, wieah was my bed-room. There MU a door corn-
municating into the draeing-room. There Is a table, a
dressing-table, next the door. i stood at that end still.
There heard the defendant speak. It was in a loud tone. I
heard him say, " Mrs. Ellice will you have me?" She said,
"Your family will think you foolish," He interrupted her,
saying, " My Pemiiv hate
,nothing to do with you
Iteve .3
I did !hit lieaf What ailewer she made. Soon after
this I went into the room. The defendant had kis arm round
Mrs. Ellice's waist. He said, you see Mrs. Ellice is afraid to sit
next me now. He remained about half an hour, and then left.
He called again the neat day, and from that time he came
daily. He made her Various presents—a writing-desk and
Bible, which he said had belonged to his deceased sister,
and much valited, wine Vrerich slieeers, gold studs, marble
vase, gloves, and daily presents of 'French flowers and wine.
I have heard him tell Mrs. Ellice that he had desired his
yacht-men to call on her daily for orders, which they did,
and she often gave them orders. The defendant spent
ntost of his time at Mrs. Ellice's lodgings. On the 24th of
September, which Ives his birthday, he said to me that he
had wished Mrs. Ellice to spend that day with him at his
cottage alone, hat she had refused to do so on that day.
We lunched with him on board his yacht, and then Walked
with him to the cottage. Tie children had been sent by.
him, with the nurse, to the cottage to spend the day, and Mr.
Downs walked with us. The defendant's attentions to Mrs.
Elko were very particular on that day. On the next day
we went in the yacht to Exmouth, and returned in the
evening. During all this time the defendant's attentions
were of that kind as if he considered himself engaged to
Mrs. Ellice. I remember a Mr. Johnstone, the plaintiff's
father, and his wife. On the 30th the defendant expressed
his regret that he was engaged out to dinner. Showed. Mr.
Johnstone about the town, and arranged to go with him,
his wife, and Mrs. Ellice, to Torquay the next day. They
went in the defendant's phaeton, and Mrs. Ellice sat by
his side on the front seat, and Mr. and Mrs. Johns-
tone behind. In October I heard that it was arranged
that Mrs. Ellice was to take the children of Mr. and Mrs.
Seward to Cheltenham. This was on the 2d of October.
The defendant said he was obliged to go to Exeter on busi•
nest, but hoped to get it over and go to Cheltenham with
the plaintiff; it was also arranged that Lord, me, and Mrs.
Johnstone, should go up to Exeter on the 3d and meet her.
We went up and stopped at the Full Moon, where we were
met by the defendant, who said that he was sorry that he
had been unable to go with Mrs. Ellice. He said he should
go to meet her at the railway station ; he did several times,
but she did not come by the first train, by which he said he
expected her. We dined together, and he ordered dinner to
be prepared for the plaintiff in time for the last train. He
told me that he was about to dismiss his housekeeper and
sell his dog-cart to retrench. Previous to settling he or-
dered a fly at half-past eight, when he went to the station
and returned with Mrs. Ellice. He then gave her the gold
studs. We returned to Teiznmouth in his carriage. He
promised to dine With Mrs. Ellice the next day, but did not
come. The next day there was a ball at Teignmouth.' The
defendant called in the evening at six, and said he should
not go the ball if he could help it, but should
come again about ten. I went to the hall, where I again saw
him. I asked him why he had not kept his appointment to
dine, he said he had been at the barracks engaged with the
colonel. He said the officers bad been teasing him
about his being a married man, but he did not care
for that. He said he had an engagement with the colonel
the next day, but should call on the plaintiff. He called
three times, and it was arranged that Mrs. Johnstone,
myself, and Mrs. Ellice should go on board the yacht the
next day, which we did. The defendant, on this and all
other occasions, behaved in a way he could not have done
had he not considered himself as engaged person. He said
he was going to Oxford on the 16th of October, and it was
arranged that we -should go to Exeter to meet him. Mr.
and Mrs. Johnstone were to return on the same day to
'Dublin. They went, but Mrs. Ellice did not, as she was
ill. This was the 14th of October. Before he went
away he gave Mrs. Ellice a packet. Some time after
this, about a fortnight, I sa;v the defendant in Exeter.
I elever saw him at Mrs. Ellice's after his return
from Oxford. When I saw the defendant at Exeter
I told him that Mrs. Ellice tad been ill. He expressed
15reat regret—lie could not kelp it—butt he had Pictivid

_
In consequence of the nen-attendance of the agents, we were net
able to learn the decision In this case:

NORFOLK.
Allowed to be proce,,aed with.

RAILWAY stt RE MARKETS

LIVERPOOL, MARCH 2'3,

STOCK Exenixox sales are-Birkenhead, Lancashire, and
Cheshire Junction, 2p - Caledonian, Halves, dia.-Chester and
Birkenhead, sO,ex d. - Ditto, Halves, 24 ex Ditto, 201. Shiites,
31 p. ex a. -Darby and Crewe, 2% p. - Edinburgh and tilasgow
Halves, p. ex d.--Glansow and Dumfries, 20s. tin.-
and Green,Kk, 18-Grand Junction, 212 ex d. and new-Great
Grirothy and Shaffied Extensions, % dig.-Goole and Doncaster, 14
p.-Hutiderstida and Manchester, 2 p.-Liverpool and Bury, 12 p.
--Ditto, New Shares, 1% p.-Llverpool and Leeds Direct, is. 6d.
die.- Liverpool, Orms,irit, and Preston, 2 p.-London and Bir-
mingham, Quarters, 24)4 p.-Manchester and Leeds Extensions, 2%
p.-Manchester, Midland, anti Great Grimsby, 7s. dis.7-Mancliester,
Matlock, af d Midland, 1U p.- Midland Stock, 145 StatTord-
shire, 33 St, Helen's and Runcorn Gap, 29-Sheffield anti Man-
chester, 115-Shrewsbury and Herefordshire, 1% dis. - South-East-
ern, 3G-Ditto, No 3, Consolidated, % p. - Ditto, New Hal p.
-South. Staffordshire., dis.-Tean and Doveyalley, % dis.-Trent-
-214 p.-Mullingar and Athlone,
'.:571edr5,.1 21 pa.t-WiVesetsetnltiioditng
Canada,Union 34 p.-Ditteli Rhenish, 1 p.
MANCHESTER, .51A102:1 23.
S,Toca Excuaxos.-The sales art-Pirkenhead, Lancashire, and
Cheshire, 1 -Derby and CfoWe, p -Direct Northern, 11s.
e.-Essex and Suffolk, 1% dis.-- Grand Union, 9.16 dig.-Leeds arm
Thirak, New, 1% Ormskirk, and Preston, 1% p.-
, London and Manchester (Remington's), 1% dia.-London and York,
% p. c.-Manchester and Birmingham, 76% -DM°, Quarters (B),
7 p.-Ditto, ditto (C), p.-Manchester and Hyde, ls. p.- Man-
chester and Southampton, 6d. dls.-Northumberland and Lanca-
shire, 3.16 dis.-North Staffordshire, '614 p.-Preston and Kyre,
Halves (15), sj p.- Sheffield and Lincoln Junction, % p. -Shrop-
shire Union Railway and Canal, dis.-Tean and Dove Valley, %
dis.-West Riding Union, 2% p.-Manchester and Leeds, Sixteenths,
9-South-Eastern and Dover, Halves, p.
• . LEEDS, Mallen 23.

&roam Excnexcz.—The sales are —Manchester and Leeds Ex-
tensions, p.—Manchester and Birmingham, New Quarters (C),
6 p. ,Aireat Grimsby and Sheffield Extensions, 14s. dis.—Hudders •
lield and Manchester Extoasions, 55. dis.—fluddersfield and Sher.
field, 6 p.—Leeds and Bradford, 24 p.—Leeds and Dewsbury, 3 p.—
Leeds and Thirsk, 355. dia.—Newcastle and Berwick, 18 —North
British, New Carlisle Branch, 11. 19s.—Wilts, Somerset, and Wey-
mouth, 10s. dis.—London and York, 28. 6d. p,-Direst
.Northern,
I%—Liverpool, Onnskirk, and Preston, 31s. p.—•We7it Riding Union,
195..—Birkenhead, Chester, Mold, &c., 298. 6d. dis.—Chelmsford
and Bury, 20s. dis.—Essex and Suffolk, 20s. dis.—Leeds and Liver-
pool Direct, Bs. dis.—Leeds, Wakefield, and Midland, 125. sd. dis.—
Northumberland and Lancash!re Junction,. 255. dis.—North Star.
fordshire, 31,‘ p.—North Western, 9s. p.—Welsh Midlands, 265. dig,

SHEFFIELD, MARCH 23.
STOCK Excuarroz.—The sales are—Grimsby and Sheffield, Ex-
tension, 1/. 123.—Manche,.ster and Lineal Union and Canal, IL 13s.
Rd•—Sheftleld and Lincolnshire, 2 —South Yorkshire Coal Railway, 2.

BULL, Mum 23.
STOCK EXCITANON.—The sales are —Blackburn, Darwen, and Bol-
ton, 4%y—Great North and South Wales, 24s,—Hull and Barnsley
Junction, Ms.—Hull and Selby, 100—Liverpool and Leeds Direct,
414.—Manchester, Buxton, and Matlock, 31. 2s.—North British, Car-
lisle Branch, 405.---South Midland, 21. 123.—Tean and Dove Valley,
I 3i.—West Riding Union, 4.

THE SUN, LON DON, WEDNESDAY MORNING, MARCEL 2, 1846.

some anonymous letters from Teignmouth, saying that his
conduct had caused her illness; that he was sorry he could I
not come down that day, as he was engaged. Desired me to
give his love to her, and te:l her so. I went back that day.
After this I saw Mr. Downee, he was an intimate friend of
the defendant. lie came to Mrs. Ellice's. I was in the room
with her. Some conversation passed, and he left. I never
after saw the defendant there. Mrs. Ellice remained at
Teignmouth until November, and then left.
• Cross-examined by Mr. CEolrbEit—l had known the plain-
tiff for four years before July, at London, Cheltenham, and
at Brighton. I began to reside with her is the September
before she a: ent to Teignmouth. This was at Cheltenham.
In London she lived at my brother's. She had no employ-
ment at that time, nor had I. I afterwards went to Fcauk-
foi t. When .I came back she engaged me as a subteacher
under her, and she wont to Teignmouth. We lodged,just
opposite the hotel. It is a narrow street. Mr. r enwick
once gave me some gloves and a pencil -ease, which he fiast
offered to Mrs. Ellice. Ido not know he was in the habit
of always going out in his yacht with ladies. After he was
introduced to us he never went out without us. Mrs.
Ellice had given him a present. [Here the Learned Counsel
produced a painted earthenware figure of a widow, and asked
the witness it that was the present. This created excess of
laughter in the Court, in which the witness joined, and ad-
mitted she had seen such an image before, and believed it to
be the same.]
Mrs. Johnstone corroborated the evidence of the last wit-
ness in all particulars as to what took place after her (Mrs.
Johnstone's) arrival at Torquay.
The witness was cross-examined by Mr. Hayward at some
length, but he did not in any war shake her testimony. -
Henry W. Hayes—l reside at Teignmouth. I know both
the plaintiff and the defendant. I have known the defendant
about two years. He keeps a yacht and lives as a gentle-
man of fortune. He has told me he has an estate in Hamp-
shire. He has snoken to me of the widow. I understood by
this he meant 'Mrs. Ellice. He once said to- me "he'd be
d—d if he would not marry the widow." He said he had
written to his sister, Mrs- Marston, about it. I have seen
him since this action was brought. I have been examined
by the attorney on the other side, and am subpoenaed by
both. I once heard hitu say " that he had never written.
There was no evidence against him in handwriting. That he
had suffered before, and a burnt child dreads the fire." I
have heard him say that there was an action for breach of
promise of marriage brought against him by a Miss Lacy;
that he had compromised it for 1,0001., and had paid 500/.
for expenses. I have sometimes heard him speak of Miss
Wilson. This was in January or February that he was en-
gaged to her, and meant to marry her. He showed me a pile
of letters, and said they were hers.
Mr. CROWD= addressed the jury for the defence. Ha-
contended that there was no evidence from which the jury
could infer a solemn contract to marry, and that the present
by the plaintiff to the defendant of the china image after
she must have felt that the defendant's attentions had ceased,
showed that she was rather inclined to treat the whole mat-
ter as a joke.
Mr. Baron-ROLFE having very minutely summed up the
evidence to the jury, they immediately found a verdict for
the plaintiff—Damages, 5001.
'LANE. i 7. FOALE.
Mr. Crowder, Mr. Butt, and Mr. Cornish conducted the
case for the plaintiff • and Mr. Sergeant Kinglake and Mr.
Barstow that of the defendant.
This was an action brought to recover compensation in
damages for slanderous words used by the defendant of and
concerning the plaintiff. It appeared that the plaintiff was
the son of a clergyman, who had lived at Kingsbridge, and
the defendant kept the principal hotel in that town. For
some time between 1840 and 1843 the plaintiff had lived in
the defendant's hotel. After he had left the defendant's
house, that peison said of him that. he had been guilty of an
abominable crime. The plaintiff, in the year 1844, brought
an action against the defendant for that slander ; when the
case came into court at Exeter at that time Mr. Cock-
burn, who was counsel for the defendant, made a public re-
tractation of the charge, and accompanied it by an apology,
and an arrangement was made by which a verdict passed for
the plaintiff for 40s. damages, and the defendant was to pay
30/. towards extra costs. Some time after the settlement of
that action the defendant repeated the imputation. The pre--
sent action was therefore brought.
Mr. Sergeant KIN GLARE, on behalf of the defendant, said
that the character of the plaintiff had been folly vindicated
by the apology made on the former trial, and that, atter the
subsequent repetition of the offensive words, the plaintiff
timid have put forth to the world that apology. The.
Learned Sergeant then called upon the jury, under these cir-
cumstance., to give very moderate damages.
Mr. Baron ROLFE summed up the case to the jury, ob-
serving that in such a matter he thought they should not be
niggardly in awarding damages. Surely the plaintiff was
not, upon a repetition of tile slander, to be put to the ex-
pense and trouble of publishing the apology made by another
person for the defendant; but, notwithstanding the former
etractation, he had not to-day heard one expression of refire t
or retractation used. The question alone was the amount of
damages, and that was the peculiar province of the jury t)
decide; but-he thought it a case calling for liberal damages.
The' jury returned a verdict for the plaintiff—Damages,
300/. •

until Saturday. I hope you will go back as SOOll as possible.
I beg of von to do so t;-,r 7-nur own eeke. 1)t, not mind. I
love, wheat people do say and talk. You knew that people I
cannot but say one thing to-day and another to-morrow ;
therefore I trust you will, dearest, scorn a hat they say, and
believe what I say, Os Ido what you say." He concludes,
" excuse my bad writing in great haste; hoping you and Tom
are well, I remain yours sincerely, for ever, Wm. Wira.taate."
The Learned Counsel proceeded to state that it was impos-
sible to doubt that thronaliont this correspondence, and sub-
sequently, the defendant had expressed the most ardent at-
tachment to the plaintiff. On the bth of March the child
alluded to in the correspondence died. The defendant's grief
was most poignant ; lie wrote the inscription for the coffin
himself ; wished tire plaintiff's family to go in mourning.
He visited plaintiff's father's house nine days afterwards, but
for some reason known only to himself, since fart time he
bad shut himself up in the house, and would see. neither the
plaintiff nor any of her relations. Whether he thought that
the child being dead, three le ould be no danger of an order
of affiliation, or whether he was influenced by any other rea-
eon, he (the learned Counsel) could not say. Mr. Williams core
an address of much feeling, by contrasting the present
condition of the plaintiff with what. it would have been as the
wife of a-clergyman of the Church of England, had the de-
fendant not violated Ms promise. He hoped the jury would
give damaees proportionate to the serious injury inflicted on
the plaintiff's feelings and reputation.
Mary Owen, the plaintiff's eldest sister, • an interesting
Welsh girl, was then examined through the medium of--an
interpreter. She could speak English. but preferred Welsh,
Her evidencefully bare out the statement of the Learned Coun-
sel respecting repeated promises of marriage ; defendant's
conduct during her sister's confinement ; his theory of mar-
riage in the right of God, &c., to the close and decline of his
attentions. It appeared he was in expectation of a benefice,
and for some time gave that as a reason for the postponement
of the marriage.
A postman was called to prove the delivery of several let-
ters from plaintiff to defendant ; and another witness deposed
to some unimportant circumstances.
Mr. CHILTON, Q.C., then addressed the jury in mitigation
of damages. He had aeldom addressed a jury under a greater
sense of the difficulty of his task, and the responsibility im-
posed upon him. lie did not appear there to deny the main
facts of the case, nor to excuse the defendant's conduct. The
case had teen presented to the jury in a very specious and
highly coloured mannet. It would appear from the opening
that the plaintiff was a young woman of very respectable
attainments, but it turned cut that her education was of the
very commonest kind, until defendant had placed her in
school. in no way adapting her for a clergyman's wife. In-
deed, she could hardly have been said to possess any educa-
tion. The defendant's expression respecting marriage in the
sight of God had not heee used as the language of solicita-
tion, as opened by the Learned Counsel, but as language of
palliation and remorse, after having done what he knew to
have been wrong and unholy. No evidence had been given
as to defendant's property. The defendant well knew he had
no benefice. If the jury awarded heavy damages it would
be tantamount to blighting all the future prospects of the
defendant.
The Learned Jcnun having minutely and concisely
summed up the evidence, the jury, after a short deliberat on,
returned a verdict for the plaintiff, with 1001. damages.
This concluded the assizes here, and the Learned Judge
left for Brecon on Saturday morning.