The Sun.
London, England, 1846-08-05 00:00:00

,EVENING, AUGUST 5, /84C7

• true he had scarcely sufficient physical force to go through
the details he had to lay before the meeting, for he had but
just arrived from travelling, but yet his heart was
anxious, and Ilia mind was strengthened by the magni-
tude of the occasion.— (Cheer& ) He was convinced
that so much good to the country was never tendered by a
Government, and so much prmience and discretion were
never so necessary on the part of the people.—(Cheers.) Ile
regretted the dissensions which had rut amongst them, but
he (Mr. O'Connell) asserted that they bad only stood by the
principle of moral force, the princiPle -tan which he- com-
menced his agi!atron.—(Cheers.) That principle had guided,
aed would always guide his entire cond'act. Yes, he had
only to remind them how often he had said, " That the
greatest amelioration of human institutions was not worth
the shedding of a single drop of blood."—(Cheers.) They
had lost many who had hitherto dignified that association
with their talents, and he must especially feel heartfelt and
bitter regret at the secession of William Smith O'Brien.—
(Hear.) When they were under prosecution, Mr. O'Brien
at that moment of personal danger threw himself into their
ranks and soon became one of the foremost amongst them.—
(Cheers.) Mr. O'Connell, after saying that he had not coin-
promised any of his principles, went on to say, he did not
justify himself ; he required no justification. He maintained
his old position, and laughed to scorn those who prided
themselves on a species of pocket courage—(Laughter)—vio-
lent men who talked of fighting when there was no fighting
to be done.—(Cheers.) Mr. O'Connell then charged the
Young Ireland party with getting up the late dissensions in
the association in his absence, and then went on to observe
that they seemed plainly to accuse him of coalescing with
the Whigs. One young gentleman had said that the people
would be betrayed. Now by whom were they to be betrayed?
It was not his sweet self he meant.—(Laughter.) Ile meant
him (Mr. O'Connell ).—(Hear, bear.) In his absence that
was insinuated against him. That gentleman was followed
by three or four others of the same party, and when pressed
to say who they meant, they said they meant nobody. That
was the first time he (Mr. O'Connell) was called nobody.—
(Laughter and cheers.) The Learned Gentleman then. pro-
ceeded to answer the accusations of the Young Ireland party
relative to the late Dungarvon election, and made the same
explanations as to the election of Mr. Shell as had been
given so frequently by other members of the Old Ireland
party. He said those views had been put forward only for
the purpose of creating dissension, and cried shame in those
who had brought it forward for such a nurpose.—(Cheers.)
He (Mr. O'Connell) in 1840 called on the association to dis-
approve the declaration of Lord Ebrington, " That a Repealer
should not obtain office under the Government," and he was
joined in the cry by the Nation and " Young Ireland ;" in
fact, all parties agreed in disapproving of the course pur-
sued by the Lord-Lieutenant.— (Cheers.) When he and
they acted on this principle, why should they not rejoice
to find that they had a Lord -Lieutenant who would
not consider a Repealer disqualified from holding office on
that account ?—( Hear, hear.) The moment that Lord
Besborough trampled down Lord Ebringtoe, and made a
declaration to that effect, up got the Nation and Young Ire-
land, and called every one who dared to accept office an
apostate, showing that their former declarations could not
have been sincere, or that they were then insincere.—
(Cheers.) Several young gentlemen of talent, family, and
fortune, frequently told him (Mr. O'Connell) that they could
not join the association, lest they might be injured in their
prospects, although ardent Repealers; and if the Nation
newspaper and the Young Irelanders were really true to their
colours, would they not have been delighted at a declaration
of that nature made by the Government, which would have
the effect of adding to their ranks many young men, both
Protestants and Catholics?—(Cheers.) He (Mr. O'Connell)
had reason to know that it was the opinion of Lord Besbo-
rough; that Repealers should not be excluded from office
because of their politics;—indeed, he would pledge himself
to the sentiment, and he was sure the people of Ireland
would regard such a man as he ought to be regarded.—
(Cheers.) What was the next thing the Young Ireland party
suggested? Why,- that they should become physical force
Repealers—advocates of murder and robbery.—(Hear, hear.)
They became revolutionary force men—they profess doctrines
contrary to the fundamental principles of the association,
and such as would prevent the Protestants of Ireland from
joining them—(Cheers)—in fact, if they were to placard the
streets to that effect, they could not have been more trea-
cherous to repeal—he would therefore arraign them all with
treachery, with the exception of his friend, Mr. W. S.
O'Brien, who was a man of honesty, honour, and truth.—
(Hear, hear.) The next matter he wished to allude to was
one of great importance, and one on which he would move
a resolution ; he alluded to the Nation newspaper, and its
connexion with the association.—(Hear, hear.) He would
move, " That the committee should consider whether there
be any connexion between the Repeal Association and the
Nation newspaper; and if so, if it was for the safety of the
association that it should be continued." Now he (Mr.
O'Connell) believed that no such connexion existed, for
he did all in his power to prevent it after and even before
the State prosecutions.—(Cheers.) The very moment that
the song of " Who fears to speak of '9B ?" was published—
which by-the-by was written by a Fellow of Trinity
Cr liege, Dublin —he severed the connexion ; but, not-
withstanding, a bench of judges was got to decide
that he was bound by that song; a decision that he
would call monstrous and profligate.—(Cheers.) They might
send judges again, and they should be prepared for them, and
not let themselves be again involved by the Nation, and, as
counsel for old Ireland, he would keep them out of all scrapes.
—(Hear, hear.) The Learned Gentleman then proceeded
to read several passages from the articles lately published
in the Nation, and said they were clearly in favour of physi-
cal force, and were such as would involve the association,
and would have had him convicted and executed for high
treason, if read and raised in evidence against him on his
trial.—(Loud cheers.) Two indictments for treason were
actually prepared in 1843, to be sent to the grand jury, and
would have been sent, but they adjourned before it was sent
up, and the Government altered their mind.—(Cheers.) It
was also said that M. Ledru Rollin offered assistance, and that
it was offered by " a surer source" from France. Now he (Mr.
O'Connell) admitted that it was offered by M. Ledru Rollin,
publicly, and refused publicly; but he denied that any other
effer of assistance was made to the association, publicly or
privately; and, if offered, he called on and defied the Nation
to say to whom it was offered; and if it was proveg that even
his beloved son John joined in the reception of snob propo-
sition, he would have him expelled from the association.—
(Cheers.) Were they safe in dealing with newspapers which
advocated such doctrines?

A VOICE—No, we will turn them out.—(Cheers.)
Mr. O'CONNELL said they should do no such thing; for,
if they did, they would be only acting as the people fooli; hly
acted when they burned Mr. Beresford's notes, because
they disliked his bank.—(Cheers.) The Learned Gen-
tleman then referred to all lie had been able to do
for Ireland by moral force, and asked what the ad.
vocates of physical force had done ?—(Hear, hear.)
It might be said, he had not been successful for the repeal.
His answer was, "'Wait awhile." But, had not the repeal
agitation really done anything for them? Had it not kicked
out the Coercion Bill?--(Cheers.) And had it not made Sir
R. Peel turn from orange into green, and to declare that "Jus •
tice should be done to Ireland r—(Loud cheers.) And they
had also Lod J. Russell's promise to pass the most compre-
hensive measures for the good of Ireland. He would sup-
port the present Government as long as they endeavoured o
do justice to Ireland; and while they did so he would do
everything in his power to assist them : but he was bound
to admit that he did not think they could be successful in
their favour.—(Hear, bear.) (The Honourable Gentleman
then eulogised the new Government for the late official ap-
pointments they have made in this country, and alluded to
those made by the late Administration, which elicited hisses
and groans.) There was also the restoration of their magis-
trates.—(Hear, hear.) He (Mr. O'Connell) was not a
magistrate when he last addressed them, but he was one
now.—(Loud cheers.) He feared he would have been
unable to address them to such a length as he had
done ; but he found that when he came to Ireland he
grew young again•—(Loud cheers.) It was strong evi-
dence in favour of the repeal cause that the Times news-
paper spoke its sentiments in their behalf.—( Hear, hear.)
The Times showed the opinion of the majority of the
English people. In fact, all classes of people, both in
England and Ireland, were coming to an opinion that
justice should be done to Ireland. The Learned Gentleman
concluded by moving that it be referred to a committee of
the association, to ascertain if there was anything between
that association and the Nation newspaper of a dangerous
character, and which might call for a severance of the con-
nexic n.

The motion was seconded by the Lord Mayor, and carried
with acclamation.

Several subscriptions to a considerable amount having been
handed in,
Captain BRODERICK, in alluding to the election of Dun-
dalk, eulogised the conduct of the Repeal Club there, as it
was, he said, to their exertions the success of the election was
owing. He moved a vote of thanks to the Repeal Club and
the Repealers of Dundalk for their support on the occasion in
question.T-Carried.
Mr. J. A. (Bunowen-castle) was speaking against
the proceedings of the Young Ireland party when post hour
arrived.
The week's rent will amount to about 4001.

PRICE OF GOLD.—The premium on gold at Paris is
16 per mille, which, at the English Mint price of 34 17s.
10 lAd. per ounce for standard gold, gives an exchange of 25
55 ; and the exchange at Paris on London at short being 25
75, it follows that gold is 0.78 per cent. dearer in London
than in Paris. By advices from liamburgh the price of gold
is 436 per mark, which, at the English Mint price of 3/. 17s.
101/2d. per ounce for standard goad, gives an exchange of
13,101 h ; and the exchange at Hamburgh on London at short
being-13 11%, it follows that gold is 0.57 per cent, dearer in
London than in Hamburgh. The course of exchange at New
York on London is 1071 A per cent., and the par of exchange
between England and America being 109 23-40 per cent., it
follows that the exchange is 2.33 per cent. against England.
But the quoted exchange at New York being for bills at 60
days' sight, tke interest must be deducted from the above
difference.

GENERAL HOLIDAY AT MANCHESTER. Monday was
observed at Manchester as a general holiday, in commemoration of
the passing of the Act for the repeal of the corn-laws, and a more
magnificent public procession in celebration of a great national event
was never before witnessed in that town. Business was entirely
suspended, not only the retail concerns, but the factories and ware-
houses remained closed during the whole of the day. Flags and
banners bearing appropriate devices and mottoes were to be seen
suspended from almost every house and public building, whilst the
crowd of persons that thronged the public streets rendered it very
difficult to force a passage at even a moderate pace. The procession
of the corporations of Manchester and Salford, the late Anti-Corn-
law League, gentlemen of the boroughs, the Eire-brigade, and the
various trades and societies in the town, was formed at eleven
o'clock at Larkhill, Salford, and dispersed, after having
moved through many of the principal streets, in St.
Ann's-square, shortly after two o'clock; the weather
during a greater part of the time being very unfavdura-
able. The great numbers and length of this procession may he in-
ferred front the fact, that nearly an hour-and-a-half had elapsed
from the time of the first band entering 3,larket-street, to that of the
last vehicle arriving opposite to; the Exchange. The banners and
flags carried by the different bodies were very numerous, and bore
suitable inscriptions in favour of free trade principles. Amongst
others were noticed —" Long life and happiness to cur free-trade
bless Sir Robert Peel, the poor man's
Queen Victoria ;" "God
friend," &c. From the late League‘ rooms a rich banner was sus-
pended, bearing the motto of The League triumphant, June 26
1846." In the evening the illumination of the various public build-
ings, and many of the great factories and warehouses, was on a
very extensive scale ; particularly at the Free Trade Hall, the
Theatre Royal, Salford Town Hall, and the warehouses of Mr.
Potter, Mr. Cobden, and Mr. M; Ail. A public dinner was held at
Salford Town Hall on Monday rught, to celebrate this auspicious
event. It was presided over by the Mayor, Mr. Kaye, and very
numerously attended ; and furnished a very happy close to the in-
teresting proceedings of the day..
TRAGIC EVENT.—Considerable sensation has been
occasioned in Leeds by the deaths of Mr. Joseph Ilebblethwaite,
druggist and shopkeeper, residing in Charles-street, Quarry-hill, in
that town, and his wife, by poison, on Saturday last. As the case
has not yet been investigated, it would be unfair to give the various
rumours that are afloat as to the causes which beveled to the parties
taking poison, or its having been administered by the husband to his
wife, and his then partaking of the deadly ingredient himself. Mr.
Fiebblethwaite was about 28 years of age, and was a member of a
very respectable family, but both he and his wife had for some time
past led somewhat irregular lives, and it is generally conjectured that
the poison (opium) had been taken voluntarily by hinuelf at least ;
but whether or not by his wife may Probably be never brought to
light. The Leeds borough coroner has opened an inquest on the
bodies, but no evidence will be adduced before this (Wednesday)
' evening, to which time the inquiry was adjourned on Monday last.
STOPPAGE OF FLEET-STREET. Yesterday, notice
was posted at each end of Fleet-street, stating that the thoroughfare
' would be stopped after Monday next, the 10111 inst.int, by order of
the Lord Mayor.

ASSIZE IN TELLIGENCE.

HOME CIRCUIT, Guildford, Tuesday, Aug. 4.,
CIVIL SlDE.—(Before Mr. Justice COLTMAN.)
Mary Anne Au.stin, 22, was indicted for a misde-
meanor, in unlawfully concealing the birth of a child.
It appeared that the prisoner was found by a constable
sitting by the roadside at Wandsworth, crying, and in
great distress, and he took her to the Wandsworth
Union Workhouse, where, upon her being questioned,
she admitted " that she had been delivered of u child at
Croydon, and that 0-. e hat busied it to avoid discovery.
The infant, it appeared, was still-born.
The jury found the prisoner Guilty, and she was sen-
tenced to twelve months' imprisonment.
Elizabeth Wiggins was charged upon the coroner's
inquisition with the murder of her female illegitimate
child, on the 12th July, at Lambeth.
Mr. Locke defended the prisoner.
From the evidence adduced, it appeared that the prisoner
was in service in the establishment of a perosu named
Bond, and about the period in question a suspicion was
entertained that she was in the family way, and it would
appear that she was eventually delivered of the child in
question in the water-closet, but it was never seen alive,
and the mother and the dead body of the infant were
sent to Lambeth Workhouse, where the medical oflieer
examined the latter, and from the appearances it exhi-
bited, he expressed an (pinion that it had been born alive.
The evidence, however, upon the point was very incon-
clusive.

The jury found the priso-ner Guilty of concealing the
birth, and she was also sentenced to twelve months' im-
prisonment. _

Solomon 11 ightingale was brought up to receive judg-
ment upon an indictment on which he had been com-
mitted on the previous day.
The prisoner, who is an elderly man, held a farm at
Crowley, and for some time he had been annoyed by
several 3-bung men residing in the village, coming to his
house and annoying him by making a noise and insult-
ing him in a variety of ways. He had repeatedly re-
quested them to desist, but it had no effect; and on the
day in question it seemed that, having a gun in his
hand, and being very much exasperated by the conduct
of the parties, he discharged it at them, and slightly
wounded a young man named L•sneway, and one or two
others.

The jury found the prisoner guilty of a common as-
sault, and at the same time strongly recommended him
to the merciful consideration of the Court, on account of
the provocation he had received.
' Mr. Justice COLTMAN, in passing sentence, said that
there was no doubt the prisoner had been a good deal
provoked, but that did not justify him in using a deadly
weapon in the manner he had done ; and, taking into
consideration all the circumstances, he felt it his duty to
pass upon him the sentence of four months' impri-
sonment.

Mr. Justice Coltman got through the criminal cases
about two o'clock, and he then commenced disposing of
the civil business. The first cause taken in this Court
was No. 60, and he will go on with the common jury
cases in their order to the end of the list.

OXFORD ClRCUlT.—Hereford, Aug. 2.
The commission for this county was yesterday opened by
Lord Chief Justice Wilde.

There are 23 prisoners for trial, of whom, one is charged
with cutting and maiming with intent to murder, one with
assault and robbery, ten with burglary, five with house-
breaking, two with horse-stealing, and -four with larceny.
In the list there are sixteen causes, of which eight are
special jury cases.
This morning the Lord Chief Justice attended Divine
service at All Saints' Church, the repairs of the cathedral
not being yet completed.

August 3.
CROWN COURT.—(Before Mr. Justice MAULE.)
John Churchill, aged 28, was indicted for baying, on the
Bth of January last, cut and maimed Elizabeth Morris with
intent to murder her. _ _ _

Mr. Skinner appeared for the prosecution; the prisoner
was defended by Mr. Huddleston.
From the evidence for the prosecution the following ap-
peared to be the facts :—The prosecutrix, the gatekeeper of
a turnpike in,the parish of St. Weonard's, lived in the toll-
house with her three children, the eldest of whom was a
girl of 15. On the night of the 7th of January last, Mr.
Wanklyn, a farmer in the neighbourhood, passed through
the gate, and as she expected him to pass again through it
on his way back, she did not go to bed, but waited for him.
About nine shew threw herself on the bed where her children
slept, leaving the candle lighted. She kept all the toll-
money, amounting to 31.45., in a tea-caddy, which she kept
in her room. A little before ten she heard a noise outside the
house, and some one cried out "Gate." Thinking that it was
Mr. Wanklyn returning, she got up, and going to her door
unbolted it, and saw a man there whom she knew to be the
prisoner, having seen him several times before. She was
just about to speak to him when he struck her a blow on
the head ; she endeavoured to force the door to against him,
but he struck her again. She begged of him to let her say,
" Lcrd, save me," but he said nothing. The prisoner, as
she alleged, then dragged her to a heap of coal ashes,
where she fell down insensible. On recovering, she went
to the house of Mrs. Williams, where, however, she
did not get in, and returned to her own house,
when she saw her children, very much alarmed, stand-
ind in the road without any clothes on. She then
went to the house of Richard Morgan, whom she roused,
and by whom, together with his sons, she was assisted
to get home and to bed. There was some discrepancy as
to what passed on the way to her house, and while there.
The prosecutrix most positively denied ever having said
that she did not know who it was that had struck her,
which was corroborated by Morgan, the father, and one of
his sons, Charles; while his other son, Joseph, also present,
said, that on the road he asked her whether she knew who
had struck her, when she said she did not, and that she
made a similar answer when lie put the same question to
her in the house. She was put to bed, and soon after Mr.
Wanklyn came by and saw her : lie described the wounds,
which he dressed, as of a very serious character indeed in
his judgment The next morning the prisoner was brought
before the prosecutrix, when she told him, after looking a
short time at him, what he had done. lie said he had not
done it. She, noticing that he had a white hat, said, " You
had not that same hat on last night;" and he said, " No, I
had not." She at this time considered herself dying, for
she said to the prisoner, "As I hope to be saved, and I low
I shall die before night, you are the person as struck rue the
blows on the head," to which he answered " I am innocent,
Missus ' • but if you say lam guilty, I must suffer." She then
said, "But you had not that hat on." To which he replied,
" No, I had my black hat on." At this time there were in the
room several persons, and among them Clptain Farmar,
the magistrate, and a woman, named Susannah Jeffries.
This woman stated that on the night of the assault she had
heard the prosecutrix repeatedly say that she would not
swear "punctually" to the prisoner; that when she opened
the door a man had struck her, and that she was sure there
were two men.

Mrs. Jeffries raid, that on the morning of the Bth, while
Mr. Wanklyn and Captain Farmer were in the room, who
could both hear what passed, the prosecutrix had said (in
answer to Captain Farmar) that she had one or two sights
at the man who struck her, but she would not " punctually"
swear to the prisoner.
Elizabeth Morris, the daughter of the prosecutrix, said,
that she woke on the night of the 7th, and saw a man in the
bedroom, who had a candle in his hand. lie was opening
the money-box. She could not see his face. There was
some money in silver and copper on the mantel-piece and
window in the next room, which the prisoner entered, and
while he was there the girl heard some copper fall. The
next day the money was gone.
Soon.after search was made, and under a holly-bush the
tea or money-box of the prosecutrix was found, and a track
of footsteps, the marks of which exactly corresponded with
those made by the prisoner's shoes, was discovered, beginning
at the back of the turnpike-house, and going directly to the
bush. _ _

For the prisoner witnesses were called, some of whose
evidence has been noticed above, to establish a case, first
in the nature of an a'ibi, by showing that the prisoner had
been at different houses in the neighbourhood, and at 10 by
the clock in his brother's house, where he lived, lie had
returned there, and given to his brother-in-law, who also re-
turned there, his portion of some money he had received
from Thomas Morgan that night. It was stated positively
by his brother-in-law and his brother that he was quite
calm when he returned, and that he went to bed soon after
10 by their clock, which was half an hour fast.
The prisoner's brother- in-law spoke to some facts respect-
ng his knowledge of where the prisoner was on the night of
the 7th, and also about one of the Morgans coming to look
after his brother Joseph at their house; but the constables
positively negatived the first portion of his evidence, and the
latter was cot very material.
Witnesses to the character of the prisoner were called, but
mane appeared. Mr. Wanklyn, however, stated that he had
known the_ prisoner for seven years, and had never heard
anything against him before.
Mr. Himpr,Esrox replied on the evidence adduced to con-
tradict the prisoner's witnesses.
Mr. SKINNER replied generally, after which

His LORDSPIIP summed up, and the jury, after deliberating
for half an hour, found the prisoner Guilty of cutting and
wounding with intent to do some grievous bodily harm.
The Learned JUDGE sectenced the prisoner to transporta-
tion for 15 yQars.

WESTERN CIRCUIT.—Bodmin, Aug. 3.
The commisSion for holding the assizes for the county of
Cornwall was opened here on Saturday night, about 11
o'clock, by Mr. Justice Erle, who had been detained at
Exeter.

The business is heavy for this county, there being 16
causes for trial, and 23 prisoners in the calendar. It is
hardly possible to conceive a reason for so short a time
having been allowed for the assizes in this county; the usual
time was a week; but now the commission day was last
Saturday, and the assizes for Somerset commence on
Thursday at Wells, a long distance off, and very difficult to
be got at; business must, therefore, of necessity, be much
hurried.

A learned Judge now on the bench has been heard to
say that in his opinion there was little justice done by candle
light. The minds of jurymen cannot be kept alive to the
true facts of a case for so many hours. Surely.nine hours a
day are sufficient for a jury to be penned up in an incon-
venient box ; there is quite enough difficulty for them to
overcome in endeavouring to ascertain the truth of a com-
plicated case, made still more so by what is termed the in-
geauity ofcounsel, without having fatigue and inconvenience
added to it.

Yesterday the Learned Judges (Mr. Baron Platt having
arrived at an early hour in the morning) attended Divine
service, and this morning their Lordships commenced the
business of the assizes. Mr. Justice Erie presiding in
the Crown Court, and Mr. Baron Platt sitting at Nisi
Prius.

NORTHERN ClRCUlT.—Niwcasik, Aug. 3.
(Before Mr. Justice CnEsswELL.)
BROWN V. WANLItie.

In this action, which was partly tried on Saturday, the
plaintiff sought compensation in damages for a malicious pro-
secution by the defendant. who had procured him to be taken
before a magistrate on a charge of sheep•stealing.
Mr. Watson, Mr. Ingham, and the Hon. Mr. Liddell, were
for the plaintiff; Mr. Martin and Mr. H. Hill, for the de-
fendant. _ .

It appeared that the plaintiff occupies, with his father and
brothers, a farm at Elsdop, in this county, which they hold
of Mr. Selby. He is a sheep farmer. The defendant is also
a sheep farmer at Biddleston, about ten miles from the plain-
tiff's farm, sad it appeared that in the month of December
last the defendant, alleging that he had lost four gimmer
sheep, came with his brother to the plaintiff's farm, and said
he had information that one of the sheep was there. He
went over the premises, and some time after returned with a
constable, and under a magistrate's warrant took the plaintiff
and his brother Thomas into custody, and seized a gimmer
sheep, which, he said, was one of those he had lost. The
prisoners were removed to Alnwick, a distance of fifteen
miles, and the complaint was heard the next day before the
Rev. Robert Goodenough and dismissed.

It was contended that the defendant had acted maliciously
in the transaction, in revenge for some offence which had
been offered Lim by the plaintiff in a former dispute respect-
ing a sheep, which it was said had wandered from the plain-
tiff's to the defendant's land, and which the defendant had
been obliged to restore. It did not appear, however, that he
had made any difficulty about returning it, when satisfied
that it was the property of the present plaintiff.
Evidence was adduced to show that the sheep found at the
plaintiff's was his own and not the sheep of defendant.
On the other side it appeared front the evidence of John
Wanliss, that he, and the defendant, his brother, had a farm
at Barrard, not tar from that occupied by the plaintiff. The
farms were it appeared quite open, without any fence to
prevent the sheep straying into those adjoining, and the
animals of each owner were distinguished by a peculiar
mark, usually on the ear. After the clipping in July, and
the salving in November, "gatherings" of the farmers were
held for the purpose of restoring any stray sheep which
might be found among the flocks, and sometimes a large
nurnber of sheep, which had got into ninny hands, would
be found at one of these gatherings. The witness Wanliss
stated that the defendant had lost four gimmer sheep;
and he deposed that of these the sheep now in question
was one.

It appeared from the testimony of other witnesses, that
the defendant had received positive infOrmation of the sheep
being at the. plaintitl's before he went there to seek it. It
was sought, too, to discredit the evidence of Thomas Brown,
the plaintiff's brother, in which he professed to identify the
sheep as that of the plaintiff's, by showing that he had at
one time stated he had never seen it until the end of July,
And that if it were his brother's, it would eat turnips, a
thing which sheep will not usually do without training,
whereas others of the plaintiff's witnesses said it had been of
the plaintiff's breeding, and on trying the sheep with turnips
it was only after a period of two days that it could be induced
to eat them.

It was sought to show, also, that the marks of the sheep
in question had been tampered with. The plaintiff's marks
were a notch out of the right ear, and a slice off the margin
of the other. The defendant's sheep had two small notches
close to one another on the left ear, at the same place as the
plaintiff's mark. The sheep in question had a notch out of
the right ear, but this seemed to have been lately done, and
on the left ear it was, it was alleged, apparent the mark had
been altered, inasmuch as the edge of the cut had no hair on
it, except at one extremity, which it was supposed had formed
the side of one of the old notches, which had been cut away
in taking off the slice which constituted the peculiar mark of
the sheep belonging to the plaintiff.
His Loiwsuer, in summing up, left it to the jury to say
whether the act of the defendant was malicious. They
would say, if they thought the defendant had lost the four
sheep, whether he had not grounds for suspecting they had
been stolen ? and, secondly, if the defendant had been in-
formed of one of his sheep being. on the plaintiffs premises,
and believed it from the description to be his, whether he did
not suspect that the mark had been fraudulently altered, and
that the other sheep were secreted on the premises?
The jury, after being in consultation fur an hour-and-a-
half, stated that they were of opinion the defendant had not
acted maliciously.
A verdict was accordingly entered for the defendant.
DOXFORD AND ANOTHER V. KING.
_

This was an action to recover the amount of an insurance
effected on the schooner Helen, which was, with her cargo
of coals, lost at Bridlington in the month of April last.
Mr. Watson and Mr. H. Hill were for the p!aiatiffs ; Mr.
Martin and Mr. Atherton for the defendant.

At the Durham assizes, just concluded, the captain ar.d
crew of the Helen had been tried on a charge of feloniously
casting the vessel away, but were all acquitted.
The plaintiffs had, it appeared, in the month of October
last, effected an insurance on the ship for 12 months, for
600/. They afterwards disposed of her to a Mr. Hutchin-
son, by whom she was, in April last, sent on a voyage to
Swinemunde in the Baltic. She had proceeded some way
on her voyage, but, meeting with a head wind and severe
weather, she was found to have sprung a leak ; and the
water increasing at the rate of, more than three feet an
hour, the captain put about and ran for the Humber. Late
on the evening of the 26th of April she was seen passing
Flamborough-head, and ran some distance into Bridlington
Bay, in which a number of vessels were then lying, and
there, at a distance of two or three miles from the shore,
she, early the following morning, went down at her anchors.
She had been insured for 600/.; but, it was admitted, worth
a considerably larger sum. The loss, in the present declara-
tion, was alleged to have occurred by the perils of the seas.
A number of witnesses were called to show that the vessel
was seaworthy when she sailed on the voyage in question.
She was an American built ship, built three or four years
before, and had undergone extensive repairs shortly before
on the slip at Sunderland. The captain was examined, and
gave an account of the voyage, from which it would appear
that the severe weather ana heavy sea had caused her to
spring the leak which caused her loss. He had put back to•
wards the Humber, because with that wind and the ship:in
that condition the more northern ports would not have been
safe to enter. _ _ _ _ _

For the defence it was contended that the ship was unsea-
worthy, and for this purpose a number of witnesses were
called who had examined her after she was got ashore, and
who stated that all her upper timbers and planking were
very much decayed. The vessel, it appeared, after going
down had with the force of the sea beaten against the bottom
until her timbers gave way, and the coats coming out, she
partially floated, and her masts being cut away she was
towed ashore. It was then found that some holes had been
bored through her bottom, from a place adjoining the cabin
called the lazarette, a hole having been cut in the ceiling so
as to enable an auger to reach the outer planking. An auger
and chisel were found among the coals. It was on these
facts contended that the loss took place by barratry.
➢lr. WATSON in reply contended that the vessel was sea-
worthy on the evidence, not of those who had seen her when
broken up by the sea, but those who had repaired her before
she sailed on the voyage, and that in all probability the holes
in question had been bored by some one during the six days
the vessel was lying in the beach for the purpose of letting
out the water. No motive for such an act could be suggested
on the part of the captain or crew.
The jury found that the vessel was seaworthy, and that
she was lost by perils of the sea.—Verdict for the plaintiff.
The case of "Ford v. the Marquis of Waterford" is not yet
concluded.

NORTH TVA LES CI RCUlT.—Clicster, Aug 3.
The business of thews assizes commenced this day before
Lord Chief Justice Denman and Mr. Baron Rolfe.

The calendar contains 31 prisoners, of whom two are
charged with arson, 1 burglary, 4 cutting and maiming, 1
forgery, 2 horse-stealing, 4 manslaughter, 2 murder, 5 with
rape, 3 receiving stolen goods, 4 with stealing from the per-
son, 2 unnatural crime, and 1 with a minor offence.

CROWN COUliT.—(Before Mr. Baron RoLFE.)
His LORDSHIP took his seat in this Court this morning at
10 o'clock, when the grand jury (of whom Sir R. trooke,
of Norton Priory, was foreman), having been sworn, the
charge was delivered. The Learned Judge referred generaly
to the various cases in the calendar, and explained the law
relating to them, but particularly to one from Runcorn,
where a man and his wife are charged with the wilful mur-
der of two of their own offspring, by the administration of
arsenic, for the purpose of obtaining money from a funeral
club to which the children belonged, and also with attempt-
ing to poison a third. These shocking offences, it was alleged
had been committed by the parents for the purpose of get-
ting a small sum of money from the burial clubs to which
the children belonged ; and the motive of the crime appeared
to be such a totally inadequate one, that it almost appeared
to be impossible that it could have prompted such an offence.
Experience, however, had unfortunately proved that in some
cases which had occurred, even in this part of the country,
that motive had operated but too powerfully, and what had
happened might no doubt happen again. Great as this
charge was, he did not know that it would present ant diffi-
culty in its investigation. They wculd have to consider, in
the first instance, whether the children had met with their
deaths by poison ; and then, whether that poison had been
taken accidentally, or administered by the persons who
were charged with giving it designedly. On the first ques-
tion they would depend upon the confidence they reposed in
the medical and scientific inquiries which bad been instituted;
and if satisfied that the deaths had occurred from poison,they
would further have to inquire how far the accused were
implicated in its administration.
The Court was then detained for upwards of an hour, wait-
ing for bills. A bill was at length returned against Thomas
Bell, for a felonious assault on a child of tender years. The
prisoner, who was out on bail, was called on his recogni-
zances ; but not answering, his own and sureties' bail was
ordered to be estreated.

ARSON.—William Hewett, twenty-seven, pleaded " Guilty"
to an indictment charging him with setting fire to a stack of
hay at Brinnington, the property of John Millward, and was
sentenced to fifteen years' transportation.
HORSE STEALING.—Joseph Naftali, twenty-one, pleaded
" Guilty" to an indictment charging him with stealing a
mare, at Macclesfield, the property of James Pedley.—Sen-
tence deferred.

MANSLAUGHTER BY A Boy.—An innocent-looking boy,
named John Jackson, aged thirteen, was indicted for killing
and slaying a girl named Mary Ridgway, at Chorley, in this
county, on the 7th of April last.
It appeared from the evidence adduced, that the prisoner
had induced a neighbour to lend him a gun loaded with
dust shot, for the-purpose of killing sparrows ; that he had
gone out with it to a yard where the deceased was engaged
washing the face of her brother, when he threatened to
shoot her, and actually pointed the gun, and fired it off within
a few yards of 112 r. The whole contents lodged in her face,
and produced almost instantaneous death. He was found
Guilty, and _ _

The Learned JUDGE, after reprehending the party who
had lent the gun, sentenced the prisoner to four days' im-
prisonment.

CIVIL SlDE.—(Before Lord Chief Justice DENMAN.)
The cause list contains only nine cases, two of which are
special juries, and possess some interest. The whole of the
common jury cases, which were of no public interest, were
disposed of to-day.