The Sun.
London, England, 1851-12-08 00:00:00

N°. 18,474.] LONDON, MONDAY EVE ING SUN, DECEMBER 8, 1851.

THE BRITISH AUSTRALIAN GOLD-
MINING COMPANY.
Established in Sydney.
Capital 200,0001., in 200,000 Shares of 1/. each, to be paid up in full,
and without any further liability.
COMMITTEE OF MANAGEMENT IN AUSTRALIA.

Edward Hammond Hargreaves, Esq., Sydney, the first discoverer of

gold in Australia.
Richard Fawcett, Esq., George-street, Sydney.
John Orr, Esq., of the firm of Jamieson, Orr, and Co., Sydney and
Melbourne.

COMMITTEE FOR TOE LONDON AGENCY.
Charles Heneage, Esq., 3, Cadogan-place.
George Burge, Esq., Shaftesbury-crescent, Pimlico.

Richard Ward, Esq., New City-chambers.
Henry Thomas Ryde, Esq., Mecklenburgh•cottage, Mecklenburgh-

square.
John Moorhouse, Esq., 12, Billlter-street.
Edward Davis, Esq,, Herne Bay.

BANKERS.
Sydney—The Union Bank of Australia.
London—Messrs. Barclay, Bevan, and Co., 54, Lombard-street.

SOLICITORS.
Sydney—Randolph John Want, Esq.
London—F. P. Chappell, Esq., 25, Golden-Square.
STOCK BROKER—Mr. F. A. Helps, 21, Finch-line.
LONDON SECRETARY—Mr. H. A. Drake.

OFFICES —Sydney

481, George-street. London 26, Moorgata-

street,

This Company (which is already completely formed in Sydney)
has been established for the purpose of working, to the greatest
possible advantage, the most eligible portions of the splendid Gold
Fields lately discovered in Australia.
The Committee have secured a lease for seven years of a plot of
freehold land, about 600 yards square, situate on the Summer-hill
Creek, in the Wellington District, contiguous to the famous Ophir
Diggings.
They have also secured a lease, for a similar term, of such por-
tions of an estate called " Singleton," as are desirable for mining
purposes. This estate is contiguous to Maitland, on the Hunter
River, and continues for upwards of 20 miles, in many parts of which
Gold has already been discovered.
Either or both of these leases are to be renewable for an extended
period of seven or fourteen years, at the option of the Company, on
payment to the lessor of a royalty of 51. per cent. upon the produce.
The Company being established in Sydney, the liability of each
shareholder is !Wilted-to the amount of his shares, which are paid up
in full OR allotment. The shareholders are subject to no cal, and
are not required to sign any deed.
The accounts lately received from all quarters prove to demonstra-
tion, that our colony is as rich in the precious metals as any part of
California, while the mines con be worked with the greatest advan-
tage under a regular Government, where law and order prevail, and
the desertion of labourers can be provided against.

It may probably be expected ti-,at some calculation as to the esti-
mated results of the undertaking should appear in the prospectus,
but we prefer leaving the public to draw their own conclusions from
the following undoubted facts :
The Sydney papers of the 18th of August announce that, notwith-
standing the desultory method employed in gold hunting, 70,0001. of
native gold was shipped for London in that month alone ; add to this
the large aggregate sum which is no doubt in the hands of the in-
numerable diggers, and the quantity raised in a short period must be
immense, at once placing Australia among the gold-producing
countries, on a par with California itself. Lumps of gold were lately
discovered, in a single hole, weighing upwards of one hundred and
six pounds, and of the value of 4,0001. sterling. Pieces of quartz
reek, in which no gold was visible, even under a powerful microscope
have yielded at the rate of 5201. sterling per ton ; and other speci-
mens, in the possession of the committee, are proved to yield four
times that amount of precious metal.*
It is proposed to engage a number of able and experienced mining
labourers, who will be b.,und to the Company in the most stringent
terms, ansi under heavy penalties, for such periods as may be agreed
upon ; and it is confidently believed that this Company will be in a
position to declare a dividend within twelve months after the capital
is paid up.
Careful estimates have been procured as to the expense of steam
engines and other machinery, the necessary staff of engineers, super-
intendents, and labourers, from which it appears that the proposed
capital will lee ample for all purposes.
Arrangements have been completed for procuring the necessary
licences for the labourers to be:entployed at a cost of 11. 10s. per month
per labourer. No royalty of any kind is chargeable for working the
alluvial gold, but a royalty of Si. per cent. is payable to Government
for working the quartz rock.
The projectors of the Company reserve to themselves 25,000
shares free, in consideration of which allotment they transfer to the
Company all their interest in the undertaking, and pay all the pre-
liminary expenses incurred up to the lot day of November, 1851, but
from that date all charges and expenses incurred in England and in
Australia shall be borne by the Government.
It will be observed that in all other Companies hitherto adver-
tised a proportion, varying from one-fourth to one-half either of the
capital to be raised, or of anticipated produce, is reserved for the
benefit of the lessors, lessees, or projectors; but in this undertaking
the 25,000 free shares cover all claims of every description, except
the royalties and llfense fees payable to Government.
Application for skates, in the annexed form, to be made at the
offices of the Company; or to Mr. F. A. Helps, stock broker, 21,
Finch-lane :
To the Committee of Management of the British Australian Gold
Mining Company.

Gentlemen,—l shall feel obliged by your allotting me
Shares in the above Company, and I hereby undertake to accept the
same or any less number that may be allotted to me, and to pay the
sum of 1/. per Share thereon, when required.
BEFIRENCES.

Name " •• Name ..... •.•" •• """
Address •••• • • • •• • ... Address.... •••

Name• • • • • • • • • .

Occupation ..
• See the Times of Noy. lbt]

''l and 18th, City Articles.

SECURITY TO EMPLOYERS.
TO SECRETARIES OF PUBLIC INSTITUTIONS,
CLERKS, STATION-MASTERS, RAILWAY OFFICIALS,
BANKERS' CLERKS, TRAVELLERS, AND OTHERS.
TIMES LIFE ASSURANCEand
GUARANTEE COMPANY.
32, Ludgate-hill, London.
Incorporated under 7 and 8 Victoria, cap. 110.
HONORARY PRESIDENTS.
CHARLES HINDLET, Esq., M.P., Dartmouth Plouse, Westminster.
JAMES KERSIIAW, Esq., M.P., Stockport.
TRUSTEES.
James Ateaander Douglas. Esq Queen-square.
Ambrose Moore, rob. Endsleigh-street, Tavistock-square.
Janes Nisbet, Esq., Berners-street, Oxford-street.
CHAIRMAN—The Hon. FRANCIS VILLIERS. Berkeley-square.
DEPUTY-CHAIRMAN—JAMES WYLD, Esq., M.P., Charing-cross.
"THE TIMES" COMPANY
Affords Guarantee to persons requiring the same at the lowest
possible rate, and Divides Four-fifths of the Profits. Thus by apply-
ing the justly popular principle of Mutuality to Public Guarantee,
the Premiums, instead of being a tax upon honesty, become a
means of saving and investment.
RATES—From 7s. 6d. upwards. No charge for Stamps or extra
charges.
An allowance made in the Guarantee Prerailat where a Life As-
surance and Guarantee are combined.
LIFE ASSURANCE.
Life Assurances, Annuities, and Endowments. Payments taken
Monthly as well as Quarterly, &c.
Policies Indisputable save in cases of Fraud.
Arrangements can be made with this Office to prevent the loss of a
Policy where the Assured is unable, from temporary embarrassment,
to keep up the payments.

11. B. SHERIDAN, Manager.

UNITED KINGDOM LIFE ASSURANCE
iJ COMPANY.
Established by Act of Parliament in 1834.
8, Waterloo-place,Pall-mall, London ; 97, George-street, Edinburgh;
12, St. Vincent-place, Glasgow; 4, College-green, Dublin.

LONDON BOARD.
CHARLES GRAHAM, Esq., Chairman.
D
CHARLES DOWNES, Esq.,Deputy Chairman.
H. Blair Avarne, Esq. J. G. Henriques, Esq:
E. L. Boyd, Esq., Resident. F. Chas. Maitland, Esq.
Charles B. Curtis, ESQ. William Railton, Esq.
William Fairlie, Esq. F. H. Thomson, Esq.
D. Q. Henriques, Esq. Thomas Thorby, Esq.
The bonus added to policies from March, 1834, to the 31st
,ecemlier, 1847, is as follows:

December, 1847, is as 1 (mows :
Strm Time Assured. Sum addedto Sum addedto Sum payable
Assured. PolicyinlB4l Policyin 1848 at Death.
--- ----
--- -------
£5OOO 13 years 10 mths £638 6 8 £787 10 0 £6470 16 8
5000 1 year •• •• 112 10 0 5112 10 0
1000 12 years 100 00 157 10 0 1257 10 0
1000 7 years •• •• 157 10 0 1157 10 0
1000 1 year •• 22 .. 22 10 0 10 10 0
SOO 12 years 50 0 0 78 15 0 628 15 0
500 4 years .• „,, 45 0 0 545 0 0
500 1 year •• .. 11 5 0 511 5 0

EXAMPLE.—At the commencement of the year 1841 a person aged
thirty took out a Policy for 1,0001., the Annual Payment for which
is 24/. Is. Bd.; in 1847 he had paid in Premiums 1601. I Is. Bd. ; but
the profits being 21,4 per cent. per annum on the sum insured (which
is 221. 10s. per annum for each 1,0001.), he had 1571. 10s. added to the
Policy, almost as much as the Premiums paid.
The Premiums, nevertheless, are on the most moderate scale, and
only one-half need be paid for the first five years when the In-
surance is for Life.
Every information afforded on application to the Rellidelit Direc-
tor, No. 8, Waterloo-place, Pall-mall. London.

THE LATE FATAL ACCIDENTS.
INSURANCE against ACCIDENTS of ALL KINDS, whether
tram Falls of Houses, Fires, Railway Collisions, Explosions or any
other cause whatever.
ACCIDENTAL DEATH INSI7RA2IOE COMPANY,
7, Bank-buildings, Lothbury, London.
Incorporated under 7th and 3th Vic., c. 110.
CHAIRMAN—KENYON S. PARKER, Esq., Q.C. •
Distinctive Features of the Company.
A fixed payment in case of death from accident or violence.
To Insure 1001. by Annual Payment.
Class I. I Class 11. I Class 111.
2s. 6d. ss. 7s. 6d. to 40s.
Single Payment for Life, Class 1., 11. ls.
A fixed payment in case of death from accident or violence, with
a fixed weekly sum in case of non-fatal injury, and an allowance for
medical expenses.
To insure 1001. on death, 11. per week compensation, and U. for
medical expenses, by annual payment.
Class I. Class 11. Class 111.
12i. II
15e. 20s. to 50s.
A fixed sum ox death by accident while travelling on a railway, with
compensation in case of non-fatal accident, by annual payment.
To insure £lOOO • •
•.. • • 10s.
500 • • • , • 74.
.. .. .. 6s•
Prospectuses, with further information, may be chant at the °faces
of the CernpanY, or from any of twhelLCLomu ti
panyT'souNG,.secretar
y•

--------
U N LIFE ASSURANCE SOCIETY
SLONDON.
SHARE OF PROFIT INCREASED FROM ONE-HALF TO
FOUR-FIFTHS.
Policies effected with this Society after Midsummer, 1850, and re-
maining in force at each Septennial period of division, will PARTI-
CIPATE IN FOUR-FIFTHS of the Net Profits of the Society ac-
-1850, in proportion
to those preflts, to their contributions
m- -.nth, and according to the conditions contained in the
Society's Prospectus and Act of Parliament.
The Premiums required by this Society for insuring Young Lives
area much lower than in many other old-established offices, and Insurers
are protected from all risk by an ample guarantee fund, in ad-
dition to the accumulated funds derived from the investments of
Premiums.

CHARLES HENRY LIDDERDALE, Actuary.

LAW LIFE ASSURANCE SOCIETY.
Instituted 1823.
Office, Fleet-street London.
articip ate in the
Parties assuring during the present year will p
Bonus to ho declared to 31st December, 1854.
Four-fifths of the profits are allotted to the assured. Reversionary
Bonuses, amounting in the whole to 1,929,0851., have been added to
the policies at the past divisions.
The assets of the Society exceed Three-and-half Millions, the
whole invested in Government or Real Securities.
Prospectuses and proposals may be had on application at the office.
WILLIAM SAMUEL DOWNES, Actuary.

October 1, 1851.

ENGLISH AND CAMBRIAN ASSURANCE
SOCIETY,
CHIEF OFFICE,
9, NEW BRIDGE-STREET, Biackfriars, London.
BRANCH OFFICES,
London-6, Trinity-street, Borough, and 65, Sun-street, Bishops-
gate-street.
Glasgow-65, St. Vincent-street.
Dublin-38, Lower Ormond Quay.
Norwich-16, St. Giles'-street.
Bury St. Edmunds-18A, Corn Market.
Policies Indisputable. Half Premiums taken.

" Diseased" Military and Naval Lives accepted at equitable rates.
Annuities, Endowments, and Loans on the most advantageous
terms.
Claims payable three months after satisfactory proof of death.
Profits diyided annually after first seven years. •
C. W. DEYA.N. Manager and Actuary.

iPUBLICA TIONS.

NEW NOVEL BY THE AUTHOR OF MILDRED VERNON.
Now ready, at all the Libraries, in 3 vols.,
F A L K E N B U R G-,
By the Author of

THE RED BOOK FOR 1852.
Just published,
THE ROYAL KALENDAR and COURT and
CITY REGISTER, for England, Scotland, Ireland, and the
Colonies; containing an Improved and Enlarged Peerage and Ba-
remetage - the House of Commons, with the latest Alterations—the
Qt..een's Ministers—Royal Household—Government Departments—
Ar nbassadors, British and Foreign—Navy and Army—Law and Civil
Officers—Ecclesiastical Establishments --Universities—Literary, Sci-
en tide, and Religious Societies—Charitable and Commercial Institu-
tions—Magistrates—Hospitals, &c., thoroughly revised, price ss.
bound in red; or, with an Appendix or Index of Names contained
in the Volume, 6s. Gd.

,
London : R. and A. Suttaby, Stationers'-court, and other Pro-
prietors.

BRITISH COLLEGE of HEALTH,
NEW-ROAD, LONDON.

MORISON'S VEGETABLE 'UNIVERSAL MEDICINE

None are genuine unless they come direct from the College, as
above, with the words " Morison's Universal Medicines," engraved
on the Government Stamp.
Seo List of duly authorised Agents. This cautioa is highly neces-
sary. No chemists or druggists are authorised to sell Morison's
Pills.

(Signed)

MORISON and CO., Hygeists.

po THE AFFLICTED.
A certain and speedy cure for all persons afflicted with
rhoumatism, pains in the chest or limbs, stiff joints, or any diseases
arming from colds, by the use of MEASAM'S MEDICATED
C&E AM SOAP, the properties of which aro so astonishing in dis-
eases such as erysipelas, ringworm, scrofula, and other cutaneous
eruption, as it produces a regular action of the pores, rendering the
skim clear and healthy. It is equally efficacious in burns, scalds,
bruises, or wounds of long standing, that no family should be
without it.

Sold at Measam and Co.'s medicated cream depot, 238, Strand,
London, in pots at Is. lIAd. and 2s. 9d. each.

I~CULVERWELL'S NEW WORKS.
J To be had of Sherwood, 23, Paternoster-row ; Carvalho,
147, Fleet-street; Mani, 39, Cernhill ; or direct from the author ;
priQe One Shilling each ; by post, Is. 6d.
ENJOYMENT OF LIFE.
"Health, Recreation, and Rational Use of Time."
CIowTENTs :—Early Rising—Spring and Summer Mornings —Ex-
cur eons about the Environs of London—The Parks, Lanes, Hills,
Forests, Fields, High-roads, and other pleasant places—Country
Trips and Rambles—The Sea—London at Night—Evenings at Homo
—Music —The Drama—On Eating, Drinking, Weeping, Bathing,
Air, Rest, Ease, Occupation, &c., &e.

FRAGMENTS FROM THE MOUNTAINS. Two Vols.
Yol. I.

VISIT TO THE LAKES ; SKETCH OF EDINBURGH, &c,

♦ol.
THE LAKES OF KILL UWE'S ; REMINISCENCES OF
DUBLIN, !cc.
WHAT TO ELT, DRLNK, AND AVOID,
" That three score years and ten our course may run."
A popular review of almost every form (cause and cure) of nor-
vouily-debilitated health and enfeebled constitution, that harasses
the young, besets the man of pleasure, business, or study, and era-
bitters old age ; with tables and rules for the diet and physical regu.
Istion of every-day life.

IV.
TUB ris -MONS.
"What passions hurt the body—what improve,
Truths as refined as Athens ever heard."
ShuncT : —Life's pilgrimage, from infancy to old ago. The ad-
vent of the passions. Chastity and its infringements. The casual-
ties of licentiousness and dissipation, 'with illustrations graphic, ear-
rutive, and remediative. Advocacy of early marriages.
V.

VIE MARRIAGE STATE.
" To be or not to be, that is the question."
PROGRAMME :—Laws and obligations of nature, society, and reli-
gion regarding marriage, to be observed by either sex. Time and
choice, on both sides, as to age, temperament, complexion, and
figure, to secure healthy offspring, with the art of rearing them.
Physical defectiveness and its removal. Sterility and its conversion.
Cases, &c.
By R. ff. CIILVERWELL, M.D. (1841), M.R.C.S. (1827), L.S.A.
(1824). Twenty-five years Medical and Forensic Referee in these
matters. Reception hours daily till Five. livenings, Seven till
Nine. 10 Argyll-place. Regent-street.

MEDICAL ADVICE ON TIM SECRET INFIRMITIES OF
YOUTH AND MATURITY.
With Plain Directions for their Prevention and Cure.
FIFTY COLOURED ENGRAVINGS ON STEEL.
Just published, in French, English, German, Dutch, Spanish, and
Italian, in a Sealed Envelope, 2s. 6d., or post-free from the Author
for Forty-two Stamps,
SELF-PRESERVATION; a
Medical Treatise en the Physiology of Marriage, and on the
Secret Infirmities and Disorders of Youth and Maturity, usually ac-
quired at an early period of life, which destroy the physical and
mental powers, diminish and enfeeble the natural feelings, and ex-
thesh viPrevention tal energies of Manhood ; with Practical Observations o
certain and successful Treatment of Nervous Debi
lity, Local and Constitutional Weakness, Syphilis, Stricture, and all
Diseases and derangements resulting from Indiscretion, as adopted
by Lallemand, Ricord, and other eminent members of the faculty of
France. With Fifty coloured Engravings, illustrating the Anatomy,
Physiology, and Diseases of the Reproductive Organs, explaining
their structures, uses, and functions, and the various injuries that
are produced in them by solitary habits. excesses, and infection.
By SAMIYEL LA'MERT, M.D.,
37, BEDFORD-SQUARE, LONDON.
Doctor of Medicine, Matriculated Member of the University of Edin-
burgh, Honorary Member of the London Hospital Medical Society,
Licentiate of Apothecaries' Hall, London, Member of the Hunterian
Medical Society of Edinburgh, &c., &C.
This work contains a plain and complete description of the ana-
tomy and physiology of the reproductive organs, and of their relative
conditions in health and disease. Dr. La'Mert, who has taken the
highest medical honours, as evidenced by the diplomas and testimo-
nials inserted in the work, is the only legally qualified medical man
who has exclusively, and for many years, devoted his studies to the
treatment of these complaints. He may he consulted with advan-
tage by all those whose constitutions may have become debilitated
through secret practices acquired in youth, er by the excesses of
later years, whereby the pleasures of life are marred, the objects of
marriage frustrated, and existence itself rendered a term of unceas-
ing misery and regret.
Published by the Author, and may be had of J. Gilbert, 49, Pater-
noster-row ; Hannay, 63, Oxford-street ; Starie, Titchbornc-street,
Haymarket ; Gordon, 146, Leadenhall-street ; Mann, 23, Cornhill ;
or free by post for forty-two stamps, from the author's residence,
who may be consulted on these disorders personally, or by letter,
daily. from Ton till Two, and from Six tin Eight.

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Dec. 6.
MARKS V. HAMILTON.

This was an action to recover the sum of 2,3741. 15s.
on a fire policy, effected by the plaintiff with the Sun
Fire-office, on his house and goods, at No. 123, Oxford-
street. The defendant is the officer of the company, in
whose name the company is to sue and be sued. The
fire by which the damage was caused took place on the
11th of November, 184 S.

The defendant pleaded that the plaintiff had made up
a false claim as to the property alleged to have been de-
stroyed, and also that the fire was the result of the plain-
tiff's own act and contrivance.

Mr. Sergeant Shee, Mr. Lush, Mr. Metcalfe, and Mr.
Sargood appeared for the plaintiff. The Attorney-
General, Mr. M. Chambers, Q.C., Mr. Creasy, and Mr.
Phinn were counsel for the defendant.
The trial of the case commenced on Thursday, and did
not conclude until Saturday evening.
The LORD CHIEF BARON remarked in his Summing
up that the plea of procurement ought not to have been
placed upon the record if the office did not intend to
bring forward affirmative proof of it. After going
minutely through the evidence, his Lordship told the
jury that they should consider, principally with reference
to the plea of fraud, whether the evidence convinced
them that the plaintiff's claim was an honest one; if so
be was certainly entitled to their verdict.
The jury retired at quarter before seven, and after au

absence of more than half an hour returned into court
with, a verdict for the plaintiff, damages 7001., exclusive
of the building, and a surveyor t 9 go over it to asoertsin
what other sum the plaintiff was entitled to fot the non-
completion of the rebuilding.

IRELAND•
ACTION AGAINST SIR WILLIAM
SOMERVILLE.
DUBLIN, SATURDAY EVENING.—The great object
of interest in this city yesterday and to day has been
the case of Birch, proprietor of the World newspaper,
v. Sir William Somerville, Bart., which bad been
tried before Chief Justice Blackburne and a special
jury. The damages were laid at 7,000/. The case
commenced at the opening of the court yesterday,
and was brought to a close at twenty minutes past
five this afternoon, whe❑ the jury, after a brief con.
sultation, returned a verdict for the defendant, with
sixpence costs.

COURT OF QUEEN'S BENCH, DUBLIN, DEC. 5.
The Lord Chief Justice took his seat at ten o'clock
this morning, long before which the court was densely
crowded in all parts. The Earl of Courtown and
Viscounts Gough and Monck sat on the bench with his
Lordship.
BIRCH V. SIR WILLIAM SOMERVILLE (SPECIAL JURY).
Mr. O'Datsc)nn opened the pleadings. In this case
James Birch was plaintiff, and- the Right Hon. Sir W.
Meredyth Somerville, Bart., was defendant; and the
action was brought to recover the sum of 7,0001. The
declaration contained a count for work and labour; a
count for goods sold and delivered, and a count on
an account stated. The defendant pleaded the general
issue.

Mr. WHITESIDE, Q.C., stated the Case for the plain-
tiff. Mr. Birch was the proprietor of a newspaper in
this city, called the World, and the defendant was the
Chief Secretary of State for Ireland. The action was
brought for work and , labour, the defendant having re-
tained the plaintiff to act as a political writer in support
of the existing Administration and the cause of order ;
and the plaintiff having composed and published various
political articles in his journal from July, 1848, down to
1851, in the support of the Administration an of Sir
William Somerville himself, it would at once appear
from the statement in the
,declaration that the nature
of the services was of course very different from the or-
dinary species of work and labour, and this the jury
would consider in disposing of the case. He was not
instructed to attack Lord Clarendon or Sir William
Somerville; but if the character of his client should
be assailed, then he would appeal to the acts and to the
written opinions of those distinguished persons, as ex
pressed in their own private commatlications. Before
tallies attention to the time when this contract was
made with the plaintiff, namely, in 1848, let him
remind the jury and explain to them what was the
condition of Ireland for the list ten years. He was not
going to weary them by a history of what they knew
already. They knew that Ireland had been distracted
by parties, and torn by dissensions. They knew that
before 1848 several journals were then published, and
conducted with an ability and talent not to be rivalled
in any part of Ireland. The jury would recollect that
there appeared in the pages of those journals not merely
the most vigorous prose, bat verse also full of patriotic
fire—poetry which, in the opinion of an eminent writer,
was scarcely equalled by the lyrics of Moore himself.
One of those papers was the Nation, and another was
conducted by an unfortunate man now in another quar-
ter of the globe—its writings marked by an ability and
boldness seldom rivalled. The principal journals of the
country at that trying period were opposed to Sir Wil-
liam Somerville and the Government, and the time and
the ability of the plaintiff were retained by Lord Claren-
don on one account, and also by the defendant to en•
counter the seditious opinions which were so rife, and to
prevent the public mind being abused by mischievous
and inflammatory publications. Those political articles
were not merely inserted in the Woad, but others were
penned by Mr. Birch, which were sent and originated in
papers in England and Scotland, from whence they were
copied into journals here, which did not hazard an inde-
pendent opinion upon any subject. In the year 1848
the plaintiff had several interviews with Lord Clarendon,
and he would not go further into that part of the case
than to make intelligible the transactions connected with
the defendant. Mr. Birch gave to Lord Clarendon
the full benefit of his knowledge—of his intimate acquain-
tance with political parties and with public men, and
he suggested to Government when they might bo vigo-
rous and when it would bo prudent to be cautious. To
explain the subsequent proceedings, it would be neces-
sary to bring before the jury the names of two or three
persons connected with the Administration. The then
private secretary of the Lord-Lieutenant was Mr. Corry
Connellan, and a more important person—and he meant
no disrespect to Mr. Connellan—was Mr. Meredyth, the
half secretary of the full secretary. The jury were
aware that there was an Irish office in London, where
little Irish business was done, and less was understood.
It was called ironically the Irish-office, and in that office
some of the members of the Government were in the
habit of assembling occasionally, to transact important
business, affecting the interests of the Ministry, and of
which Sir William Somerville was a leading member.
Here the plaintiff had interviews with Sir William So-
merville, and a promise was made that he should be
compensated for his services in placing his journal at the
disposal of the Government; and it was fair he should
be said for thus becoming an organ of the Administra-
tion. Lord Clarendon reerred my client to Sir W. So-
merville; and he undertakes to write a letter, introducing
him to Sir William. I must tell you that we called upon
them to produce this letter, as it affords proof that a
particular contract was begun in a conversation be-
tween the plaintiff and Lord Clarendon. I have a
small letter, written in July, 1848. This letter is from
Mr. Corry Connellan—" My dear Sir: I am so oppressed
with busines that I have only time to apprise you that
H. E. —" now, gentlemen,:l do not go too fast in
saying that H. E. means his Excellency—" I have only
time to apprise you that his Excellency will write to-day
to Sir William Somerville to state his opinion that your
journal has done good service to the cause of peace and
order, and"—mark this, gentlemen—" to the interests of
theGoofvetrhne mometnest.t'i'Tnhyis letter establishes the truthful-
ness whgicehntlmemyecnl,ieansta,wttiacil attacking not misunderstand me,
Clarendon. I
am only proving a matter of business, a
certain contract. I say that he wrote the letter recom-
mending the proprietor and editor of the World to Sir
William, as advocating the cause of order, and what was
far more important, the interests of the Government,
and that his Excellency wrote suoh a letter as would
e business.
r from TheW .pave the way for the arrangement of the pecuniary part
of th
and called upon Sir William,
thatplaintiffam,t
communicationho
thinking
went
withthat
business, that, I believe, on the occasion of the first inter-
view at the Irish-office, Sir W. Somerville had not received
the letter. He had not heard distinctly what was the ar-
rangement that was to be carried into effect at that side
oppressedthe
Lord
with Cla-
rendon
business
was all igh
and the letter; but they were so
of the water, or what was to be done on the other; and
accordingly he did not enter into the business with
Birch. He called again and again, and saw Sir William
Somerville and his secretary, Mr. Meredyth—they were
in London; and Sir William adopted and confirmed
everything which his secretary did. There is no doubt
about that. He is in London in 1848, and there he sees
Mr. Meredyth, and there is a discussion about funds.
Now, gentlemen, do not be cajoled into the notion that
I am going to fasten upon
Sir William Somerville the
personal liability of this matter. It is ont of the public
purse that we will seek compensation, because our sup-
port was given to a Ministry, Mr. Meredyth spoke of
fire hundred pounds. " Where is it?" says Birch.
" Call upon me upon a particular day," says Me-
redyth; " I have received instructions to give you what-
ever is right." He went away—.he came back—it was a
business arrangement, a contract, a compact, a bargain;
it is all nonsense to talk about generosity—political ge-
nerosity has ceased to exist. The Learned Counsel then
read some letters from Mr. Meredyth to Mr. Birch. In
January, 1850, be wrote him:—" If convenient, I would
be glad to see you here on Monday most faithfully
(signed) Meredyth."
_ Again, " I shall be happy to see
you to-morrow." Again, " March, 1849, Irish-office,
London. Sir William has directed me to inform you,
your several communications have duly reached him, and
I have been requested by him
Itowisileek sendany o opportunityun o te of
my
of seeing you upon my way to London, which will
beeaarrrlyiviav ntheAegnssuinin: "I would be glad if you saw meg se
to-morrow at half-past ten o'clock. Can you:call upon me
again at half-past two? I was at the Castle for a few
minutes this day; I came out to see my family; I shall
be in Dublin on Thursday, and I shall let you know
when it is possible I can see you." Again, "Half-past
three o'clock to-morrow I shall be ready to see you—
what you put in was of no consequence. I shall be
happy to see you to-morrow at eleven; if convenient to-
morrow." "Can you call to-morrow at four?" "Can
you call at twelve?" These letters, or passages, gentle-
men, are important in this respect, that the plaintiff will
prove having received these letters, having kept the ap-
pointments, having had conversations with Mr. Meredyth
ruepeoeni v tehde
hiss u subjhintsect m
andat t
ce
or
nodf u
eed otohme m
journalunic t iionnos
b,
ehdai
ev
nine ge
to the wishes of the defendant. There arose, gentlemen,
a dispute, or discussion, in which Mr. Birch said some-
thing disa disagreeable to Mr. Meredyth. This led
to a litttilleat contention,
which was adjusted by a letter
from Mr. Corry Connellan—" May 17,1849. Sir—
having by the desire of the Lord-Lieutenant communi-
catedas
to Sir William Somerville, I am directed to inform
yon
w
that a retraciation of these words is demanded.
(Mr.
should not have applied.) If,
pre
write me a line to that effecr,
ssionßsircwhhichhadheappled ! to o fficial persons ex-
therefore, you
and will send a confidential person here at three
o'clock precisely, he shall receive the sum of 1001., for
which I have been credited.—l am, dear sir, yours—
C. CONNELL/LN." Again: " Dublin Castle, October,
eive d
of yaourchelectkterhawvi
itnhg much
n
pernicious and deleterious
gplBli
as
tore,
oeD,
the en as r s
pe Sry
eei rsr —dy
ofevidencel
be st
is
to the public mind is interesting. I would be very glad
to know upon what data you formed your opinion as to
the rapid increase and circulation of the World. Do
you think, moreover, that your evidence is to be relied
upon 04 notifying airy change of public opinion as re-

gards the choice of a journal?" It might be said that
no hints were given to this gentleman regarding the sub-
jectaupou which he was expected to write. I want to
dispose of that argument by a letter dated March, 1848,
from one of the Castle folk. There were in this letter
passages to the effect—" the French news ought to turn
to account--the triumph of the moderate party—the de-
feat in the election of Lodru Rollin, the Irish frater-
nising, and the Government making arrests. I presume
that to-morrow's mail will give you an account of the
capture of Blanc, the great communist leader. Tho
morale of this might be well applied to Mitchell and Co."
(A laugh ) There is another letter from Mr. Corry Con- '
nellan :—" My dear Sir—His Excellency was entirely
ignorant, I need scarcely say, of anything connected
with the pike affair, and Browne says he never di-
rected to order pikes, but merely to procure them.
Might I ask you to what extent and facility they were
manufactured? It appears in one case to have beep au
unnecessary proceeding, as pikes were notoriously com-
mon at the time whea they were ordered. This you
need not notice in your paper." Counsel next read a
letter from Mr. Spencer Ponsonby, iii which he ex-
pressed the thanks of Lord Palmerston to Mr. Birch for
his able articles in the World newspaper. In another
letter he said, "I am directed by Viscount Palmerston
to acknowledge the receipt of your letter, and in reply
to state that Viscount Palmerston does not feel himself
competent to form, or entitled to express an opinion as
to any question which may be pending between you and
the Irish Government; but Viscount Palmerston can
have no hesitation in saying, that the support which you
have given to the foreign policy of her Majesty's Go-
vernment in your paper has been honourable to your-
self, because it has been spontaneous and disinterested,
and has been useful- to the Government, by the ability
with which it has been given." The Learned Counsel
this concluded—Gentlemen of the jury, the question
is, whether Sir William Somerville, as Secretary of
State, entered into this arrangement, and if he
did, has he paid the plaintiff ? You will not be mis-
led by anything that can be said upon the part of the
Noble Viceroy, when that noble and distinguished per-
sonage gives his testimony before you. I have laid my
ease before you. It is a plain and simple case. It rests
upon the evidence of the defendant, the letters given, the
acts done, the payments made, and the testimony of the
plaintiff. The existing Administration have availed
themselves of the talents and the time of a literary man;
he cornea before a jury, bottoming his case upon ser-
vices, substantial services, and he seeks at your bands
that amount of compensation to which he has proved
himself eminently entitled.
Mr. James Birch, examined by Mr. KEOGH, Q.C.—I
I am plaintiff in this action, and I know the defendant,
who fills the office of Chief Secretary for Ireland; per-
sonally I have known him since 1848. I have known
the Earl of Clarendon since March, 1848. Mr. Corry Con-
nellan was his private secretary at that time, and Mr. H.
eleredyth was secretary to Sir Wm. Somerville. My
first interview with the Earl of Csreiadon was in the
month of March, 1848. I received a letter dated March,
1848, from Mr. Connellan, fixing an intervtew with his
Excellency, on whom I accordingly celled. At that
interview we had a lengthened conversation about--
Mr. BREWSTER—I object to this.
Examination continued—l acted for him as a public
journalist, and in some degree as a political agent, after
the interview. (Letter of the 17th July, 1848, identified
as in the handwriting of Mr. Connellan.) I received
this in London. I went to the Irish-office there and saw
the Attorney-General, and was afterwards introduced
to Sir W. Somerville. I had an interview with Sir W.
Somerville, who said he had heard nothing about the
letter. I said that as his Excellency was coming over,
it was better that be should relate the conversation him-
self. Lord Clarendon himself originally intended to
give me a letter to Sir W. Somerville, but he changed
his mind.

Mr. KEOGH—Did Lord Clarendon refer you to Sir
W. Somerville with reference to money? Witness—He
said he would write over to Sir W. Somerville, who
would have me assisted.

Mr. Keogh here read the letter of Mr. Connellan to
the plaintiff of the 17th July, 1848.
Examination continued—l had seen Sir William So-
merville in London before I received that letter. At
my second interview with him he said he was perfectly
aware of the matter about which I called. I then en-
tered upon the matter, and said that for all my purposes
I would pr efer that the connexion should cease; that
Lord Clarendon had approved of a subscription which
would be a recognition of the services I had rendered.
The conversation I had had with his Excellency was
about that subscription, and I thought that such an ar-
rangement would be creditable to his Excellency and
the Government, and serviceable to me.

Mr. KEOGH —For what purpose was that subscription?
Witness—l considered that I had suffered to a cutain
extent.

Mr. KEOGH—It was for the support of,your: paper in
'act?

The CHIEF Jusncz—To'remunerate you for the past
services of your paper? Witness —Yes.
Examination continued—Sir William Somerville ob-
served as to the subscription, that it was fair and rea-
sonable, but that ho did not anticipate that a subscription
would succeed; that from his experience he knew that
it had not. He said he conceived that the Government
would be anxious to retain my services in consequence
of the state of journals in Ireland, as they had scarcely
got a newspaper there to support them. I replied that
I thought it would be a very arduous task to support a
Government that was so unpopular—(A laugh)—and
that I conceived they were influenced by very little
principle.

- Mr: KEOGH—What did he say to that? Witness—
Ho smiled—(Laughter)--and said they got on as well as
they could.
Mr. KEOGII—Was there any reference to pecuniary
matters? Witness—He said that the affair—meaning
my connexion—was now in the hands of Lord Claren-
don; that there could be no second question as to re.
taining my services; but that I myself mast be aware
tHheatadthdiesd,m,a.
Attetrawllaesvoenntesolf
agarneatddaiffincnuthltiynganadadilellicnancny..
tt
hhHee
eiGmt
hopveonerrtna said,mnceen t
of' I
yourH wille dsai
ede
renv
iyoctne mas ealllg twal
again.
mws uhyl too ttwhhene
they were.
iewe7ef sr
eoo.ff
Taking Lo. rd Clarendon's letter into consideration, and
do all I possibly can. If I should not see you again, Mr.
Meredyth will communicate with you." I then left. All
this was, I think, in July, 1848. In two or three days
afterwards I called again at the Irish-office and saw Mr.
Meredyth, with whom I had a lengthened conversation
ou the same subject. He said that Sir William Somer-
ville had been very busy, but that he had many irons in
the fire, and that it was not easy to bring a number of
different pers.:ills to one opinion.
Mr. KEOGH—Did you receive money aafterwards?Witness—There was some difficulty in getting it, and
it,a d n
anda promise Mr. Meredyth told me that the gentleman who was to pay
it, who was a commercial man, was not in town; at the
next interview I received 2501. from Mr. Meredyth,
iB
ereturnedf
1848, I called at Dublin Castle, and there saw Mr.
250/.
to more.
Ireland. I dlind
October,not
get
Meredyth. He said he was glad to see me, and said " I
suppose you are coming for your money for the re-
mainder of the month." I replied that I was not, as I
had not called in particular for that money. He said
" Would you not be glad to get it? There will be an
arrangement, and when it is made it will be satisfactory,
I am sure, to you." I said that, after having rendered
services which I thought ought to be recognised, it was
unsatisfactory to me to be asking as charity what I con-
sidered a matter of right. Ho said, " Pray do have con-
fidence in the Government, as they have great confi-
dence in you."—(Laughter.) " Why," I said, " look at
the small sum that has been already given for what I
consider very great services." He said, " Every penny
that Lord Clarendon asked already, did he not get it
over?" I said, "Do you mean the 3501.?" and he said
" Yes." I had previously received 250/. from Mr. Con-
nellan, and 100/. from Lord Clarendon. I said that that
changed the complexion of affairs, for that Lord Claren-
don had written to me, and told me that it was his own
private money.
Mr. BREWSTER, Q.C.—You speak of Lord Clarendon
having written to you? Witness—Yes.
Mr. KEOGH—The letter should be produced.
A Juror—Did Lord Clarendon give you the 1001.
himself? Witness—Ho did not.

Juror—How did you receive it? Witness—Mr. Con-
nellan wrote to me to go to the park, and I did so, and
was introduced into the vice-regal lodge while he was at
lunch; there were 100 sovereigns lying on the table, and
Mr. Connellan told me to take them up.—(Laughter.) I
think I received the 2501. about the 22d of March, 1841,
and the 1001. in the June following. (Letter of Mr.
Connellan of March the 20th, 1848, produced.) This is
the first letter I received from Mr. Connellan on this
affair. I received this letter about the time it bears date.
When I spoke to Mr. Meredyth about the complexion of
affairs being changed, he smiled—(Laughter)—and asked
me " Did I believe that ?" I said, " Certainly I did; for
Lord Clarendon and Mr. Conneltan had told me so."
There was nothing more then, and I called on Mr. Me-
redyth on another day in London—l think it was in
July or August; he said, " Sir William Somerville
has been very busy, but I can tell you from him what
is the arrangement: the Government and Sir William
Somerville have agreed that if you consent to give them
support, you shall be held harmless and shall sustain
no loss ;', he said, "I am commissioned by Sir Wil-
liam Somerville to tell you that you shall receive 5001.
in a day or two; I think it is too little, and wish they
would give you seven times as much;" he said it was
required that I should give the Government sup-
port, and I said of course I could only give them a
qualified support; there was no money given that day.
He said, " You deserve seven times as much, and I wish
the Government and Sir William Somerville would give
it to you; but if you will call on Thursday, you will get
2501." I think I called about the following Thursday
when Mr. Meredith put me off for a few da more,lie
afterwards inquired would 1001. do me,
William Somer-
ville and returned with a cheque of his on Latouche's Bank for 1001., which h© gave me. This cheque of
October, 1848, is in Sir William ,Somerville's hand-
writing. I received this cheque of November the 24th,
for 501., from Sir W. Somerville. I also received from
him these two cheques of December 18 and November
10, 1849, each for 1001.
Mr. KEOGll—flow much money did you receive alto-
gether from Sir William Somerville from time to time, on

[PRICE SD.

foot of this
atoFighr,lereaDealnl-adent of
contract? I
numberlVn eosfg letters i c
services as a journalist to the Gover
Ireland
wallictareetdeteiominveed9
lit;
sa yoabout
895010;
n mivc0..........---eninttntien:....use—lldisdh.o.=;_id
id you, from 1848, rendering
received a great
tb on consider
20, 1848, and March 27, 1849 elm
that I rendered services up to January
(letters of Nov.
•anPortotileueed). After
18, 1851. From
Sir William Somerville; it is dated Octoberr, letter from
receiving those letters from Sir William ' 1848.
On Somerville
and Mr. Meredyth, I did as I was required,
they were quite satisfied with what I bad done; and
wished me to circulate the World newspaper in s'actlirya
way as would suit their views, and I did everything •
my power to carry out their wishes. I wrote leading
articles in my paper in accordance with their wishes
and directions, during the years 1848, 1849, and 1850; I
told Sir W. Somerville, in June, 1851, that the agree.
ment we had made was a bad agreement for me; he
asked me if I wished for some money. I said I did not,
but that I wanted to have the matter brought to some
kind of conclusion. I wished the action to be brought to
an end by some definite arrangement between us. Ho
then remarked, " Did you not apply, as I requested you
to do a month ago, and did not his Excellency give you
1001 ?" I said I did, and he replied, " I have not as
much money at my command as I would wish, but I will
give you a cheque for 1001. on Drummond's bank in
London." This conversation took place in London.
During the years 1848, 1849, and 1850, I inserted
articles in my paper relative to the foreign policy of the
Government. I continued writing for Sir William So-
merville until January, 1851. I showed that about 6.5001.
is still due to me on foot of my services to Sir William
Somerville.
Ix 1
returned
trrmu:
rieneEeddo RECOIL—Upy

Mr. KEOGH—This is a copy of the World newspaper,
and we tender it as evidence.
read.—(Laughter.)
WHITEsJDE—I(Lugh
I
CHIEF JIISTICE—Yon may do that, if you like, for
assure you that I have no anxiety to hear it read.
—i
twWn
eoshusal—dt
Ibi set
think
nopkurrotiahrt
Cross-examined by Mr. BREWSTER—Upon my oath,
ter.) suppose it may b 3 entered as
as an honest man, I think that sum is due to me by Sir
William Somervile. Ido not charge by the article, or
by the week, but rather by the year.
Mra rts.
edßrovniy:
you
s thinkE
Wa
yWouh
of such a Government, a very large remuneration should
be expected.
Mr. BREWSTER—D) you mean that for the support
of such a bad Government you should be very well paid ?
:rgfoerp theer remuneration annum?supp foort
Witness—No, I don't mean that.
_ _

Mr. BREW6TER—Did you think it WWI a good Go-
vernment? Witness—No, I looked upon it as a rather
mixed Government.

Mr. BREWSTER—Did you think it was a Government
which merited your support? Witness—l did.
Mr. BREWSTER—Did you think there was any base-
ness or corruption in supporting that Government?
Witness—l did not.

Mr. BREWSTER—SO far as you supported it, did you
consider your support was commendable? Witness—l
recollect supporting you at one period, but as you were
a rather unpopular person, I---
Mr. BREWSTER—To be sure, and were you not paid
for it? Witness—No.

Mr. BREWSTER—Do you swear that you never asked
any distinguished person for payment for your support
of me? Witness—l will not.

Mr. BREWSTER—Did you ever write an article which
you did not approve of in your own conscience? Wit-
ness—l never sanctioned an article which I did not
approve of in my conscience.
Mr. BREWSTER—Now, tell us bow much a year you
were to get for what you did? Witness—l have not
ascertained the exact amount.
Mr. BREWSTER—Upon your oath, how much a year
ought you to get for your services? Witness (after
some deliberation)—l think 5,0001. a year would not
be too much.—(Laughter.)
Mr. BREWSTER—WeII, that is an extremely moderate
charge, and I have no doubt that your services were
very cheap at such a price.—(Laughter.) Now, tell me
what was the largest number of copies of the World
newspaper you circulated at any one time, while you
were writing, as you say, for the Government? Witness
—Well, it is not easy to say.
Mr. BREwSTER—Did you ever circulate a thousand
copies? Witness—l did, and more.
Mr. BREWSTER—Do you mean to say that you can't
go within a hundred or two of your greatest circula-
tion? Witness—l do say it.

Mr. BREWSTER—WiII you swear that you ever
circulated 1,500 at any one time ?—Witness—l will not.
Mr, BREWSTER—What is the price of your paper ?
Witness—Sixpence for one copy.
Mr. BREWSTER-1,500 sixpences and 5,0001. a year.
—(Laughter.) During the time these arrangements
were going on with the Government, you acted, 1 pre-
sume. on the sole responsibility of Sir William Somer-
ville ? Witness—l carried it on for the Government.

Mr. BREWSTER —Did you consider Sir William So-
merville as your sole debtor, and the person whom you
would be entitled to sae, when you entered into the new
arrangement in June 1848 ?—Yes.
Mr. BREWSTER—Let that answer be taken down, it
is very important. Witness—O, I consider that I had a
claim on Lord Clarendon also.

Mr. BRE WSTER—IS there any other person connected
with the writing of your paper except yourself ?—I
should suppose there is.
Mr. BREWSTER—HOW did you edit the paper while
you were in London ?—There were two or three per-
sons who wrote articles during my absence, from direc-
tions written by myself from London.
Mr. BREWSTER—Who wrote those articles—any of
them ?—Some were written by a person named Taylor.
Mr. BREWSTEW—W ilftt did you pay him by the week?
Witness (after much hesitation)—He received 1/. los.
per week.

- Mr. BREWSTER—Did you write the greater:nnmber
of the articles?—l did.
Mr. BREWSTER—Your principal service was writing
against what was called the revolutionay press?—Yes, it
was so called by Lord Clarendon's organ.
Mr. BREWSTER—You were, in fact, an adviser of Lord
Clarendon, supplying him with both advice and infor-
mation, and enabling him to carry on the Government?
—I think I did assist the Government very materially.
Mr. BREWSTER—Were the Nation and the United
Irishman the papers which you were chiefly opposed to?
—I was opposed to them both. They never exchanged
shots with me.

His Excellency the Earl of Clarendon took the usual
declaration made by a peer previous to giving testimony,
and in reply to Mr. Meagher said—l was Viceroy of
Ireland in 1848; Mr. Corry Connellan was then my
private secretary (letter of July 17, 1848, produced);
thislctter was written under my instructions.

Mr. MEAGHER—Yon say iii that letter that you
would write one to Sir William Somerville; was that
letter written accordingly ?—lt was.
Have you got any copy or abstract of it?—None:what-
ever.

Are you now able to state the substance of that letter
to Sir Willian Somerville?—Yes a wrote to Sir William
Somerville saying, that if Mr. Birch, the editor of the
World, should call upon him, that ho had written in de-
fence of law and order; and that if any persons referred
to him in England to inquire whether that was the case,
he might say that it was so.
Is that the entire substance of the letter?—l likewise
told him that he might give him some money.
May I ask your Excellency if you can recollect that
that is the entire of that communication in relation to
this matter?—l believe that is the whole of it. I don't
recollect anything more. It was a letter I wrote myself,
of which no copy was kept.
nagle
rt
.that
subse-
quently, May I ask your Excellency if you ascertained from
Sir William Somerville whether Mr. Birch called on
him?—Yes, he did call on Sir Wm. Somerville.
Did you learn from Sir William Somerville whether
any arrangement was made?—No; I am not aware that
any arrangement was made with him. Sir William So-
merville gave him some money; no other arrangement,
I think, was made with him.
No other arrangement?—No; except to give him some
money.
Was Mr. Birch, to your Excellency's knowledge, sup-
porting the Government before any considerable time?—
No, I should say not. I sent for Mr. Birch in conse-
quence of his offers to me to support law and order. He
had repeatedly offered to do so during the year 1847,
and had sent me his papers and written me various
letters which were simply acknowledgeesodhm.o
Hdda, e in February, offered to support the cause of law
tahnodu os
sr dwe rm, wr
.h ißc hi r
cwh a. s cle
thenrt ain l yt
htohuegnh int I
time, in respect to the public affairs, have failed in my
some danger.
duty if I did not accept the offices of any person in sup-
port of law and order. I then saw Mr Birch, and he
offered to write in that sense. I told him that he might
do
lathobuoguhrs. I told
I certainly didnot expect much to result
him
Government,
at the same time thagtlt
wished for no support to the and that, as
far as I my
self was concerned,
perfectly
her
Excellency might abuse CO 55
much as he liked, as it was
would indifferent to me.
le Am I to understand that
you
ac-
cept his services on that
occasion?—Yes, to write n d©-
1
fence of law and order.
Did you see articles in support of law and order lapis
newspaper afterwards?—Yes, I did, occasionally.
Is it not a fact that up to January, 1851, ho continued
to publish those articles in defence of law and order; up
to 1851 ?—yes; I am not aware that law and order
wanted any defence up to 1851.
Well; in defence of the general policy of the Govern-
ment?—l cannot say that he did; but, in a ,
f ct I never
read his paper at all.
Did your Excellency make any payment to Mr. Birch
for his services in defence of law and order; and might
I ask you what sums?—He received sum
times. I could not exactly name the amount which I
sat various
paid him. The first time .I saw him he asked me for
money. I told him there were no funds applicable to
such purposes. He then said that he did not ask me for
it for his own remuneration, but because he should be
otherwise unable to proeure agents to extend the circu-
lation of his paper. I then offered him 1001., if I re-
member rightly, for it did not make any great impres-
sion on me at the time. He said that that would not be
sufficient for his purpose, and I think it was then ex-
tended to about 3501. This was in the beginning of
February, 1848, if I remember correctly.

Did your Excellency know that any further sums of
-y were paid to Mr. Birch in London?—Yes.
_your Excellency aware from what fund it came?—
a fund placed at the disposal of Sir William
.erville, at my request.
Out of:the public funds, was it?—I could not as it
came out of the public funds. I said it was a fund
placeci at the diposal of Sir William Somerville, at my
request.
Allow me to ask your Excellency whether they were
or were not public funds 2—Part of what Mr. Birch re.
ceived was from money applicable to special servicos,
and part was out of my own private pocket. The p
which was from the money applicable to special services
was advanced at my request, and on my own responai.
bility, and was repaid by myself very long ago:
Cross•examined by Mr. BREWSTER—Is your xcel•
cellency aware that altogether Mr. Birch geArTOO/?—.
I am.

Was every farthing of tharmoney.from you?—Every
arthing, and not from Sir Williani'Somerville. The
money which he gave was advanced to him by me, or at
my request, and,' was responsible for it. All through Sir
William Somerville acted simply as my agent, and
solely by my instructions.
Did you communicate with Mr. Birch, when he was
going to London, that you were sending him to Sir W.
Somerville as your agent, and the officer next to you ill
the Government?—Most unquestionably.
He entirely understood that you, as the bead of the
Government, were the person dealing with him, raid not
Sir W. Somerville at all?—No doubt of it.
(A- document was here handed to his Excellency.) I
received this document.
Did You receive two accounts from Mr. Birch, or only
"e?I never remember receiving another, but I may
have received a second. •
Can you tell me about wnen you received that one
which has been shown to you?—lt may have been in the
summer of last year, but I really cannot tell exactly. It
was. I think, in August, or the beginning of Septatnber„
but I was absent from Dublin when it arrived. I was in
the north of Ireland,
Can your Excellency call to mind how many inter-
views you had with Mr. Birch ?—I o uld not, indeed. I
may have seen him two or three times,c but it was in the
spring of 1848, when you may remember what the state
of public opinion was.
Did you see him in London?—Never.
Was your first introduction to Mr. Birch by air. Birch
himself ?—By Mr. Birch himself. I never heard of him
or his paper until ho wrote.
You knew nothing about his antecedents, I presume?—
Nothing whatever.
Re-examined by Mr. MEAGREW.....WAS the 2,000/. al-
ready ieferred to paid in consequenee of an agreement?
—lt was.

Is it in writing?—lt is.
Is that in your possession?—yer, but not actually ja
my own immediate possession.
pocMr. BREWSTER—Has your Excellency got it in your
ket?—No.
Mr. BREWSTER—Was that 2,000/. paid in full
dation of —?

Mr. WHITESIDE—I Object to that question.
CHIEF JUSTICE—I think, Mr. Brewster, that the ppose for which that money was paid must appear by the
document.
His Excellency then withdrew.
Henry Meredyth, Esq., examined—What (Tice do
you hold as connected with Sir William Somervitle
am his private secretary.
Do you know the plaintiff, Mr. Birch?—Yes, I saw
him fur the first time in 1848. I saw him at the Irish-
office in London. Sir William Somerville was then en-
gaged in his Parliamentary duties, and he asked me to
see the plaintiff for him.
When was that?—l think in July or August, 1848.
Sir Wm. Somerville desired me to give him some money.
What were your instructions when you saw laim?—l
was to tell the plaintiff that I had a sum of money to
give him; he told me that Mr. Birch was the proprietor
of a newspaper called the World, but Sir William did not
tell me what the purpose was for which he was to receive
the money. I think I told the plaintiff to call in a day
or two again at the Irish-office, and I would then pay
him 2501., and I knew he was to receive another sum of
2501. after my arrival in Dublin; he seemed perfectly
satisfit:d.

What was your object in meeting him at the Irish-
offic2?—l siw him in order to give him the 2501.
When did you see the plaintiff next?—l think it was
in September, for the Parliament sat late that year, and
we were detained in London.

Had you not money communications with the ',plaintiff
in Dublin? —I had several communications with him. I
was directed sometimes by Lord Clarendon and some-
times by Sir William Somerville to see him.
Did you not communicate to Sir William Somerville
the fact of your having seen him on those occasions?—l
have no doubt I did.

Did you on those occasions say anything in reference
to the World newspaper, and the articles in it?—l can-
not recollect saying anything very particular as to this
World.

Out of what fund was the money paid to him?
The CHIEF JUSTICE observed that Lord Clarendon
had been already examined on the point.
The witness said that this money, drawn by Lord
Clarendon from a certain fund, had been repaid by his
Excellency out of his own private resources, and was re-
funded a very long time ago.
You saw the plaintiff very frequently?-13.e often
called upon me, and I have also required his attetudanee.
And what was the subject-matter of those inkevi•ws?
—The chief part of the conversation used to be upon lb•
part of Mr. Birch himself, for he talked a great dieal, and
I talked very little. He used generally to complain of
the treatment he recei►ed. It has generally mg conse-
quence of the letters he wrote to me that I answered by
asking him to call upon me. He talked an immensity.
Did he tell you of the services he rendered to the Go.
♦ernment?—He did among other things.
When was the last time you saw him?—ln January,
1850. I think the last time I saw him was on the occa-
sion of paying him money which he required.
Did Sou read his paper?—Very often.
Did you reedit after 1850?-4 do not recollect, but
I might have done so.

Corry Connellan, Esq., examined by Mr. WEITZ-
SIDE—Are you, Mr. ConneHan, acquainted with the
Wor/d.—(Laughter.) I have some knos ledge of it.
You were the private secretary to the Lord-Lie,atenant
in 1848?-1 was.

And are so still?—No; I have ceased to hold that
ofricP.

Have you carried out the threat conveyed in one of
your letters that you would retire to the privacy of the
country. (Letter of the 20th of April, 1541, produced.)
Did you write that letter upon the interesting subject
of the French Revolution?—l did.

Was that to give the plaintiff an opportunity to write
for the Government in reference to that subject?—l can-
not undertake to say that he did write any article upon
the subject; bat I conceived the news might be turned
to a good account, and ho presumed that be would do so.
What do you nicer) by turning it to a good account?
Do you mean in favour of the Government?—Not in
favour of the Government, but in support of " law and
order."—(Laughter.)
Do you recollect being very much pressed with busi-
ness ou the 17th of July, 18457—1 was open to that ob-
servation during every day in the year 1848.
Heading that letter of the 17th of July, 1848, had you
authority to refer the plaintiff to Sir William Somerville?
—I had.

Did you see the letter from Lord Clarendon to Sir
William Somerville, introducing the plaintiff to him?—l
did not.

You have visited England frequently?—Yes, generally
once every year.
Did you see Sir William Somerville in England ?—I
was in the habit of almost daily intercourse with Sir
William, being a brother secretary, although a subordi-
nate one, under the same Government. I used to see him
almost daily.
Did you read the World newspaper?—l was satisfied
with glancing at some of the articles.
Referring to the letter dated the 111th March, 18.48, was
not the plaintiff in correspondence with Sir William go.
merville ?—Most undoubtedly so.
And business matters were transacted between, them?
l—i juihdeatsendbjebeatl-amneacttoefr
lo,f3otohla. tsaliedttbe
yrreferredthe
ep iaintotitia.ntoubtio-
due to him, but which was denied by Sir Willigtre go.
.s
meDrvoilyleouandknAlowr. Mtheartedmytrh. Birch was paid out of the
.
public funds?—l do not; there was a fund, but I cannot
bpyai:,ouorutleottferist.
s a yytohua twhi hill
see
s
that there was a quarrel b!twofeethne
Meredyth in consequence
Tthheelaptltaeirn;ti
plaintiffnow, wrote
0 1117rt.hBoifreMhaany,4181149r.,
words ho had applied to Mr. Meredyth.
Do you see thedteidlaasyt
you not adjust that differemce?—
meexrperdeystshio.ns used towards
very ample
wplheicahndtafluklal apology °tit:gyp
sending a confidential person and he would bcpaidtool.?
—Now that 1001. wax certainly not to be Paid him hie
labours an apology to Mr. Meredyth. It was for 111
labours in the World. witness, which was
A letter was then read by the
nd ifajorntthife
which had put into his hand by counsel a
It conveyed the
com-
mented on in the previousspeech.
remarks of Lord Clarendon upon the subject of the
seizure of pikes, when s man named Hyland was
arrested for their nufacture by a detective named
Kirwan. The latter noticed as a fact, that pikes were
btttaer inable and that the " MallTSili sub-
jects" then publicly
employedusually displayed an over zeal, but one
would not .inquire in
into the reputation of those who did
the dirty work more than they would into the reputation
of a ni
g Th htman or a hangman. e letter
then adverted
to the fact that his Excellency did not know until the
previous day of the departure of Dr. Millale for Eng-
land. His Excellency was also represented by the let-
ter as having bad an interview with Dr. Yore, when re-
peal was touched upon, but his Excellency was not in-
fluenced by the crainbe repetition of Dr. Yore.
You see in that letter the words—" This you need
not notice in your paper?”—l believe that at that time
there was a great deal of excitement in Dublin upon the
subject of the seizure of pikes.
Cross-examined by Mr. J. D. FITZGERALD—You
spoke of the unliquidated balance of I,3ool.—Yea, that
was composed of sums paid by Lord Clarendon, and I
consider that Sir William Somerville, myself, and Mr.
Meredyth, were acting under the one common
authority.
What part yon took was as the representative of Lord
Clarendon?—Exclusively so.
And not as the representative of Sir William Somer.
ville?—Most distinctly not. number of
The plaintiff's counsel having entered a
letters, his case closed.
It was now four o'clock, and
Mr. BREWSTER said he thought that this would be g
most convenient time to adjourn.
The CIIIEP JITSTICE inquired if he meant to examine
any witnesses?
Mr. BREWBTER said he was not prepared to answer.
He would not probably examine a witaess, Int in mild

not undertake not to produce evidence. It would be a
great convenience to him not to proceed at that late hour,
and he would be able in the morning to show that there
no no evidence to go to the jury, and that the plaintiff
should be non-suited.
The Cazsi BARON said he would read over the notes
to see how the evidence exactly stood.

The Court then rose.
SATURDAY.
Bill= V. SIR WILLIAM SOMERVILLE.
Thie day, as yesterday, the court was full, but not in-
conveniently crowded, owing to the previous arrange-
ments of the High Sheriff, and good order and discipline
of the police force under the command of Mr. Inspector
Tydd.
At half-past ten o'clock the Chief Justice entered, and
the names of the jury having been called over, the Court
called upon Mr. Brewster, Q.C., to proceed, saying there
was a case to go to the jury.
Mr. BRIEWSTER then proceeded to say that it was his
intention to call for a non-suit, but as there was Theeviden
ce
to go to a jury, he felt it his duty to proceed.
Learned Gentleman then proceeded to address the jury
that
at great length, contending that there was not the
slightest ground for a claim on the defendant, and
He stated
the action was an attempt to extort money.
that the bill of particulars, furnished in this case, was
similar to that famished to Lord Clarendon, and in
satisfaction of which a deed of retel9,o had been exe-
cuted by the plaintiff, in receipt of 2,000!. The
Learned Gentleman read a number of letters from
the plaintiff, including one addressed to Lord John
Russell, stating his intention to proceed at law against
Sir William Somerville, for payment of his services to
the Government, in maintaining the cause of law and
order, from the beginning of 1843 to the end of 1850.
Mr. Brewster commented at much length on the evi-
dence went h the
of the plaintiff,
th the case. throu g various
The address of the
topics conuected
occupied the Court from half-past
Learned Gentlemau
ten until nearly beg-past three o'clock.
When he ha concluded, and after Mr. Geale had
d
been examined in proof of some documentary evidence
for the defenCa,
Mr. 1--S°4SEC, M.P., was heard in reply to evidence.
The Hon. and Learned Gentleman spoke for about an
hoar, and, in the course of his address, he commented
with some severity upon the conduct of Government
officers in having first subsidised the proprietor of a
newspaper by corrupting him with money, caressing
him to their breast., and then rejecting him when the
altered circumitances of the country enabled them to
dispense with his services.
The CHIEF JUSTICE, in his charge to the jury, pro-
ceeded at great length to analyze te evidence. After
-which the jury retired, and after a delay of seven mi-
nutes returned into court with a verdict for the &ten-
'dant, with sixpence costs.