The Sun.
London, England, 1857-02-06 00:00:00

rilE SUN, LONDON, FRIDAY EVENING,_ FEBRUARS 6 1857

LAW INTELLIGENCE.—(This Day.)

IRMLAND.

I `4h* 'Paid

RAILWAT

Leasing
Compans

Closing Prices
yesterday.

Busineeb

COURT OF COMMON PLEAS.
(Before Mr. Justice Wiles and a Special Jury.)
WALKER V. NEWBALD AND ANOTHER, EXECUTORS.

DUBLIN, THURSDAY MORNING.
ELECTIONS.

100
100
All
;t. 100
5 all
;t, 100

, The elections for Bandon, Clonmel, and Down-
patrick will take place next week. There is a con-
test threatened at Bandon, but we have little doubt
' that the Hon. Capt. Bernard will be returned. To
his family the borough owes much of the comfort it
enjoys. It is a bright contrast indeed to the towns
in the south of Ireland. The late earl was a con-
stant resident at the worst of times ; actively en-
gaged as a poor-law guardian, a member of the dis-
pensary committee, an indulgent and improving
landlord, he always enjoyed the respect and esteem
of the people of B•zndon. His successor to the title
and estate, the brother of the cani+idate mentioned,
is a mostamiableand patriotic nobleman. A Roman
Catholic candidate is threatened, and the Cork
Examiner intimates that "an important battle will
be fought in the ancient borough of Bandon." We
doubt that any contest deserving the epithet here
employed will take place. If Capt. Bernard be not
allowed to "walk over," he will poll three to one
against any champion Rome may send against him.
All parties in Clonmel agree that John Bagwell,
Esq. of Marlfield, must be the successful candidate.
The town commissioners of Nenagh take his return
as all but VA fait accompli. They were within a
pop of voting the other day that their petition
against the income tax be entrusted to him for pre-
sentation. The petition having been unanimously
adopted, the following discussion ensued :
Chairman—The next question, gentlemen, for you to de-
cide on is, who you will send it to for presentation.
Mr. Pine--I object to sending it to Mr. Scully. He
broke his word and violated his promise to the electors of
this county, and had he and others of our Irish members
not done so we would not now be begging and praying
their " Honourable House." (Hear, hear.) Humble as
our voices may be, our refusing to entrust him with our
petition will show him the opinion we entertain of him.
Mr. Guerin agreed with Mr. Pine, and would not entrust
the petition to Mr. Scully.
Mr. Kempston—l move that we send it for presentation
to Mr. Bagwell.
Mr. Dwyer—But hole; not in Parliament.
Mr. Kempaton—Not exactly at present, but he shortly
will.

EXTRAORDINARY CABE.

• This was an action brought by the plaintiff; a single
woman, to recover of the defendants', executors to a
person named Eamon, a farmer of Sutton-on-Trent, the
sum of I,OOQ/, on a bend. The defendants pleaded that
the bond was obtained by fraud and covin, and that the
deceased did not know what he was about when he signed
the bond.
It appeared that the deceased was an old man, 73
years of age, when he died in 1856 ; a farmer of opu-
lence, though given to habits of intemperance; and the
plaintiff is a young woman, 35 years of age, who lives
with him as his housekeeper.
Miss Mary Walker, on being sworn, deposed that she
went into the deceased's service on the 12th May, 1848,
as his housekeeper at 121. a year wages. At that time
deceased's second wife was alive, but she did not reside
with him, and died about 18 months after. Soon after
she entered his service the deceased, in addition to her
wages, made her a present of the surplus received from
the mulch cows, after paying for the groceries required for
the family. Soon after the second wife's death deceased
made her an offer of marriage, which she accepted. The
_ day was not fixed then, but a house and small property
was purchased for them to reside in, because it would
be impossible for them to reside on the farm on ac.
count of his disagreement with his married daughter.
In December, 1849, or January, 1850, deceased
said he wished to provide for her, in the event
of his death, before they were married, and he
subsequently gave her a note of hand for 1,0001., and
deposited it in the hands of a Mr. Davidson for safe
keeping. About this period his grandson, who was 16
years of age, came for change of air, and remained 12
I months and died, but before his death he wished to give
her his watch and an old silver tankard, both of which
his grandfather had given him, and accordingly the
deceased drew up a memorandum to that effect, which
he signed and gave to her In June, 1855, deceased
said to her that as the note was run oat he wished to
give her a new one. That was done and she returned
it to him, and the first note was then burnt by the de-
ceased. It was proposed but never carried out, that as
his re;atives were averse to their marriage that she
should go to Nottingham and remain there a fortnight,
and that he would come there and marry her,
and then they should return home. She pro-
vided her wedding-dress, and the deceased the
wedding-ring. It was at the deceased's request
that she went to Mr. Eason, her solicitor, at Retford,
and requested him to prepare the bond, because the
deceased thought it woull be a better security than
the note, and prevent Itigation and unpl-asantness
after his death. ,It. Bel witnessed the execution of
the bond. He was naited executor by the deceased
in his will until it was +flown to him that it was not
desirable that Mr. Bell should be his executor, the
latter renting an estate 4f him. She was now engaged
to Mr. Bell. Witness p•oduced a fair copy of a will
dated July, 1848, made by the deceased, but which
was never executed, appointing her executrix, and giving
her a freehold messuage and a life annuity of 52/.
per annum.

St. 1100
25 all
50 all
25 all
L 2 all
L2i all
!O all
SlO4
10 5i
5A all

Chairman—The election for Clonmel may not take place
for some time, and as it is necessary this petition should
be presented without delay, perhaps it may be as well to
send it to Mr. Scully.
Mr. Pine—l should like to purge the political atmos-
phere of such members as Mr. Scully.
Mr. Dwyer—There is the member for Cashel. He would
support its prayer.
After some further conversation,
The Chairman took the votes of those present, as to
whether it should be sent to Mr. Scully or Sir Timothy
O'Brien for presentation. On a division the votes of the
members were even, when the chairman gave the casting
vote in favour of Mr. Scully, and the petition was accord.
ingly ordered to be forwarded to that gentleman.
The council then adjourned.

Captain Ker and Mr. Johnston are the candidates
for the seat of Downpatrick, vacant by the elevation
of the present Lord Hardinge to the Upper House.
The Protestant Associations of Dublin and Down
are working actively to secure the return of the
latter.

We may take for granted that the motion for the
expulsion of Mr. James Sadleir, of which notice
has been given by the Irish Attorney-General, will
be carried unanimously. That malefactor will only
consider himself too fortunate if he succeed in
escaping from the criminal tribunals of this king-
dom. The favourite candidate at present for his seat
is Major Massey.

Cross-examined by Mr Sergeant,Byles—ilir. Bell is
48 years of ago, and wi,ness 35. Sie travelled with
him i❑ July and August in the North of England.
They remained a fortni;ht or three weeks at Scar-
borough and lodged wits Mrs. Boyce. They had one
sitting-room and two ied-rooms. That she swore.
She then returned to he• father's at Sutton-upon-Trent.
She was engaged to be married to Mr. Bell, but the
day was not yet fixed. The courtship between them
commenced shortly afterold Eason's death.
Mr. Sergeant Byles—Yas it oft the same day he died
Witness—No.
Mr. Sergeant Byles—llow many days before or after
he died I
Witness—l can't say
Mr. Sergeant Byles—You were engaged, I suppose,
to the old man till he ded I
Witness—Yes.
Mr. Sergeant Byles—Then it must have been before
or after. Perhaps it vas during the old man's last ill.
ness ?

Witness—No.
Witness continued—l had only been four mouths in
deceased's service when le gave me the copy of his will,
dated two months befo.e, in which I was appointed
executrix. The next thiig he did was to give me the
perquisites of the milch c,ws ; then a promise of mar-
riage, but I can't say the precise time ; and then the
note of band and bond.
Mr. Sergeant Byles—Was this the first promise of
marriage you had ever had ?
Witness (hesitatingly)—No.
Mr. Sergeant Byles—Bat it was from such an old
man?

Witness—Yes. (Laughter.)
Mr. Sergeant Byles—Was it before his wife's death t
Witness—No ; perhaps it was a month after.
,Laughter.)

Witness continued—The old gentleman had the old-
fashioned silver tankarC back, broke it up with a ham-
mer, and sold it for old silver, because he did not like it
to go out of the family.
The witness was being cross-examined when our des.
patch left, relative to the intemperate habits of the de-
cPased, who bad frequently to be a,sisted to bed, and
frequently fell down 'rom intoxication ; and she ad-
mitted that about 20 gallons of different spirits bad been
sent in from January to the time of deceased's death in
May. She was also being examined relative to the
documents and their execution by the deceased, in ac-
cordance with the defendant's plea of fraud and covin,
and that the deceased was incapable of knowing what
be was doing at the time the documents were said to
have been executed.
The case is Jikely to occupy the whole of the day.

The Englli3h, Scottish, and Australian Chartered
Bank have announced an intended dividend for the past
half-year at the rate of 5 per cent, per annum, free of
income tax, leaving 4,015/, to be carried to the reserved
fund.

LIFEBOATS.—LIVEL'OOL, February s.—At the usual
meeting of the Liverpool Dock committee, this after-
noon, the Marine committee, reporting in reference to
the Liverpool lifeboats, one of which recently capsized
when her crew were lost, recommended that measures
should be taken to give them additional buoyancy.
The report was received.
ST. MARTLEBONE SAVINGS-BANK, No. 76, WELBECK-
STREET.—The 27th annual general meeting of this insti-
tution has just been held, Sir James John Hamilton,
Bart., in the chair. It appeared that no less than 2,496
new deposits were made last year. 23,423 deposit
accounts remained open on the 20th NOT•mber last, of
which 18,109 held balances averaging less than 2/. 19s.
OF 1857.—We
W 17es. u
each. The sum in the hands of the government on the
sndd'erstand
that Mr. Finch, who has this year received the highest
20thTn oEf
sNEoNvieomnb
wer R,
AN 1856,Gr zza
mathematical honours at Cambridge, is a native of
Wigan, Lancashire, and received his education at the
Grammar School of that place, under the tuition of the
present head master,
the Rev. S. Doria. Mr. Cowling,
the late distinguished member of the Northern Circuit,
who took the same honours at Cambridge, was a native
of the same town, and pursued his studies preparatory
to the University at the same school.

QUARTZ CRUSHING.—The Gold Hill Mill performed
good duty last week. In 87 hours, with an average of
16 stamps running, 204 i tons of ore were put through,
which is at the rate of about 3b tons per stamp for 24
hours. In that time 14 cords of wood were consumed.
The ore gave nearly 6,000 dollars' worth of gold.
Should the result of next year's mining in this district
prove what it now promises, there will be a furor for
the quartz business, hitherto unexampled in this country.
—Alta California, Dec. 20.
THE NARROW GAUGE ON Tilt GREAT WESTERN RAIL-
WAY.—The narrow gauge rails are now completed to
:tains toke, and an uninterrupted communication is thus
effected between Birkenhead and Southampton. The
Government inspector has passed over the line, and
certified to its being in working crder. Already several
trains have passed on to the South-Western line, and
there is every possibility of an enormous through traf-
fic in minerals. Last week the South-Western tested
the utility of the junction by removing in their own
trucks the whole cargo of a ship at Birkenhead
which was conveyed to Southampton. Cheltenham
Examiner.
THE WEATHER IN THE BALTIC.--REVEL, Jan. 23.
Yesterday there was open water off Baltic port. Bai-
deraa, Jan. 29—As far as can be seen seawards there is
no ice perceptible ; roadstead and fairway free, and the
river mouth open as far as the Magnisholin battery.
Memel, Jan. 29—The Hall is free of drift ice, and sea-
wards there is none to be seen ; wind sw. light,
with
2to 3 degrees frost. Lubeck, Feb. 2—Wind SE., 8
degrees frost with snow ; the entrance to Travemunde
is free of ice. Copenhagen, Jan. 30—The roadstead
continues blocked up by ice. Hamburg, Feb. 3—The
river is covered with a firm sheet of ice as far as Altona;
lower down there is much floating ice.
BUTE TIDAL HARBOUR.—This accommodation for the
coasting trade of Cardiff is likely to prove of immense
benefit to the shipping interest. The vessels are com-
pletely protected by the large breakwater on the
southern side, while the facilities given for shipment
and nnballasting are equal to those afforded by the
it2hoenito and from
only
one halfpenny per
trafficd
wthoerTkaff
register.
cinhg charge
The trustees of the Mar-
quis Bute
t onf
the
rgVoefale Railway Company have
arranged
the harbour, and the South Wales Railway Company
are erecting shipping plant on a portion of the bar-
ft lekot s r Bute
ship's
theaanud the
bour frontage, for the coasters seeking traffic from their
ton on
p

MEETING OF CONTOCATION.

THE LOWER HOUSE.

The members of the Lower House of the pro-
vince of Can erhiuy again assembled in the Jeru-
salem C:!ambo'• Dean's-yard, Westminster, yes-
terday.
The V Rev. t'le Dean of BRISTOL (Dr. Elliot)
acted as prolocutor. There was again a very large
attendance of members ; and, after several notices
of motion had been given,
The Rev. Mr. MAGENDIE presented a petition
which he requested might be referred to the com-
mittee of gravamina. It was from the rural dean-
ery of Maidenhead, and lie had a like petition from
the rural deanery of Newberry, iu the cLo3ese of
Oxf od, signed by upwards of furry clergymen,
complaining of the hardships which cler,,yrnen had
to endure in consequence of being compelled to
read the burial service over persons wLo had died
in a state of impenitence and sin.
The Rev. Mr. MASSINBERD seconded the pro-
position, and it was referred to the committee
accordingly.
The PROLOCYTOR stated that he had received a
message from his Grace the President, informing
him that lie had appointed a committee of eight of
their lordships to confer with the committee of the
Lower House on the subject of Church rates, and
he therefjre proposed to nominate eight gentlemen
of that house to that purpose.—Agreed to.
The Rev. Mr. BEST then proceeded with the
amendment, of which he had given notice the pre-
vious day, to the Archdeacon of Berks' revelutiA),
and thereupon ensued a long discussion on Church
discipline.

Ultimately, the following resolution, proposed by
the Archdeacon of MAIDSTONE, and PE cnnded by the
Archdeacon of TAUNTON, was carried by a large
majority:—" That the Lower House of Convoca-
tion desire to tender its respectful acknowledg-
ments to his Grace the PreAdent fur the commu-
nication mad,. to this house, desiring it to consider
and report whether it has any fmther conclusions
which it wishes to present on the subject of final
appeal on points of doctrine in ecclesiastical causes.
The Lower House has taken into its renewed and
anxious consideration this portion of the subject,
with the various difficulties which beset it, and
would beg earnestly to commend to the considera-
tion of the Upper House the principles embodied
in the report already presented to their lordships,
as to those which in the judgment of this house are
to be carefully kept in view with regard to filial
appeal."

A resolution was then proposed by the Rev. Mr.
SEY➢iOUR, in favour of calling laymen to the coun-
cils of the spirituality or synod.
The discussion of this subject occupied the house
till its rising at six o'clock.