The Sun.
London, England, 1859-02-21 00:00:00

CEYLON.

The meeting of this company was held on Friday
at the offices, Broad-street-buildings ; Mr. An_
struther in the chair.
The CHAIRMAN, in moving the adoption of the
report, said they had employed 8,000 additional
hands without causing any rise in the rate of wages
paid by the planters, as was at first dreaded would
be the case. These men worked as well as Irish
labourers—a gratifying fact which the engineers
were not prepared for, and the average rate of wages
was 7d. per day. Towards the making of the per-
manent way they had received a large supply of
sleepers, at from 4s. 6d. to ss. each, from New
South Wales.
The report having bean seconded,
A 4nAagnoLDEn inquired if the &Motion from

Mr. Sergeant Shee, Mr. Blackburn, and Mr.
Honeyman were counsel for the plaintiff ; Mr. D.
D. Keane and Mr. S. M'Culloch appeared for the
company.
This action was brought against the defendants
for so negligently pulling down certain houses that
the plaintiff's houses, which were adjoining, fell
down and demolished all his furniture and a very
extensive and valuable stock in trade. By the
terms of the plaintiff's lease he was liable to rebuild
the premises.
After the close of the plaintiff's case, his lordship
intimated that the plaintiff must be nonsuited, with
leave reserved to him to move to enter a verdict,
the Court to have power to make any amendment
in the declaration that might be necessary, and to
impose any liability upon the defendants that could
be imposed—if they were not liable upon the evi-
dence as it stood—and if liable, all questions to be
referred to arbitration, with liberty to discuss any
question of liability that might arise beyond that
decided by the Court, and to assess damages, if held
to be liable; and, for the purposes of the motion, it
was to be assumed that the negligent removal of
the defendants houses caused the accident.

LANGTON AND ANOTHER V. HIGGINS.
Mr. Atherton and Mr. Quain appeared for the
plaintiffs ; Mr. Edward James, Mr. Leofric Temple,
and Mr. S. M'Culloch were counsel for the de-
fendant.

This was an action of trevor. A growing crop
of mint, to be produced in the autumn of 1858, and
to be converted into oil of peppermint, was assigned
by a person named Carter under a bill of sale given
in the beginning of the year to the plaintiffs, and
the question was whether under the words of the
bill of sale certain acts of appropriation on the part
of Mrs. Carter, the wife of the mortgagor, such as
bottling the oil and marking the bottles, vested the
property in the oil in the plaintiffs as mortgagees
before it was delivered to the defendant, to whom
Carter (who has gone to Australia) had sold and
delivered it. It was admitted that both the plain-
tiffs and the defendant had acted in perfect good
faith in the transaction.
Baron Martin, being of opinion that the moment
the oil was put into the bottles it became the pro-
perty of the plaintiffs, directed a verdict to be
entered for them for £714, with liberty reserved to
the defendant to move to enter a nonsuit or reduce
the verdict.

COURT OF PROBATE AND DIVORCE.
Before the Judge-Ordinary and Common Juries.)
DEVEREUX V. DEVEREUX.
The petitioner, Mrs. Elizabeth Devereux, alleged
hat her husband, Thomas Herbert Devereux, had
been guilty of cruelty on various occasions in 1854,
1855, 1856, and 1857; and that in February, 1858,
he had committed adultery, and she prayed for a
dissolution of marriage. The respondent pleaded a
denial of both those targes, and also condonation
as to the cruelty.
Dr. Twiss, Q.C., and Mr. Hogg were counsel for
the petitioner, and Mr. Digby Seymour for the
respondent.
The parties were married in 1844, and resided at
Stockton, where the respondent carried on business
as a clothier and outfitter. They have had six
children, and Mr. Miles, who had lived in their
house as assistant, proved the various acts of cruelty
alleged in the petition, which consisted of blows on
the face with the fist, threats with knives, and foul
and abusive language. Mrs. Devereux was some-
times obliged to apply for protection to her relit.
tives, and in the middle of 1857 she left the house
altogether. Another witness named Davis also gave
evidence as to acts of cruelty, The principal
witness in support of the charge of adultery was a
woman of the town named Newby, who stated that
in Feb., 1859, the respondent had passed a night
with her at a house of ill-fame in Stockton, and that
he had had adulterous intercourse with her then,
and on previous occasions. It also appeared from
the evidence of a Mr. Inglis, that the respondent,
had charged Newby before a magistrate with hav-
ing robbed him, but that he had stated on his oath
that he had been drinking the night before with a
friend, and he did not know how ho got into the
house in question ; that he found when he awoke
that a woman was in bed with him, and that he
immediately sent her out of the room. The charge
was dismissed by the magistrate.
No evidence was called upon the part of the res-
pondent, but it was elicited from some of the wit-
nt oe s
bs sa
made
odar
dite the petitioner in cross•examination that
the respondent had made complaints of his wife for
him,e
allowing her relations to have goods belonging to
forwasa
copnatessnidoendatothmatan, allwowhoa,nuend
e oughtrugthhot
influence of feelings of great irritation, made use of
strong language and at times even struck her. With
regard to the aidveunit
rYbl
37.1 1 NiVtthoerwthay_s
thewitness
account
was e
1 respondentso uf b
bm ei
ltiteefd,
beafne thatrd
e t
htt
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eet
magistrate as to the circumstances under which he
was found in her company was correct.
His Lordship, in summing up, observed that there
was no evidence which tended to show that there
Iwo any foundation fer the suggestion that the

NORTHERN CIRCUIT.—LANCASTER, FEB. 18.
THE CHARGE OF WILFUL MURDER AND NIGHT
POACHING AT WHALLEY.
William Sanderson, aged 35, Thomas Holden,
alias Whittaker, aged 23, and John Parker, the
younger, aged 22, were charged with the wilful
murder of James Eatough, at Whalley, on the
night of the 13th of December last. Two other
men, named John Hayes and Denton Newell, were
included in the indictment, but the grand jury
ignored the bill as against the two latter men.
Mr. Monk, Q.C., Mr. Segar, Q.C., and Mr. Kay
appeared on the part of the prosecution ; Mr.
Assheton Cross defended the prisoner Sanderson;
Mr. Tindal Atkinson the prisoner Holden, and Mr.
Campbell Foster the prisoner Parker.
Mr. Monk, in his opening observations, said he
was sure the jury had already heard quite enough
of the case to ensure for it a most careful and patient
hearing. They had heard that the offence was one
which affected the lives of those who were before
them. He would simply call their attention to
that charge because he believed that those solemn
appeals which were sometimes made by counsel
were rather attended with mischief than anything
else, as they unsettled the nerves instead of forti-
fying the judgment. The charge arose from an
attack of persons, leagued together in defiance and
opposition of the laws to take game, upon these
persons who resisted their attempts. He would
not say one single syllable, then, as to the policy
or impolicy of those laws, because they had nothing
to do with the game laws, for what one person
might think right another might think wrong. The
jury were there to administer the laws as they found
them. The learned counsel then proceeded to state
the facts of the case as detailed in the evidence.
After the usual formal proof the deposition of
the deceased watcher, James Eatough, was put in,
and was substantially the same as the evidence of
the witnesses.
Henry Eatough examined—My father was aged
53, and was employed by Mr. Whalley as a watcher.
I was also in his employ. I remember on the night
in question going to Dewhurst's meadow, in corn-
pang with James Gornall, William Hargreaves, my
father, James Hindle, John Eatough, and police-
constable Myers. Some of us afterwards went from
the field into the clover field which adjoins the
meadow. After I got into the clover field I saw
three men in Dewhurst's meadow. I and the
keepers then went into Dewhurst's meadow. Upon
doing so I heard some men bleeting like sheep. One
of the men had a gun in his hand, and he pointed
it at James Eatough. He stood up and ran about
two yards back, knelt down and pointed the gun.
A man who was with him then said, "D— it,
blow his brains out." The hammer of the gun
went down and the cap snapped, but the gun
did not go off. I was then hit in the back by a
man several times with a large stick about two
yards long. They were heavy blows, and he struck
me with both hands. He hit my father with the
same stick on the back of the neck. My father
had his back towards the man who struck him. I
saw a long net, slanting about three or four yards
from the fence. I gathered about 20 yards of the
net up, when three men saw me, and .they said,
" D— it, there's one of them going with the net."
I ran towards the gate. and wns nhliged fn drop
the net. I then went into Cinder-lane. When I
got about 9 or 10 yards up the lane I saw eight or
nine men come out of the gate. They came out of
Dewhurst's meadow, and I had seen them there. I
then went back to Dewhurst's meadow, when I met
my father coming towards the gate. He was
bleeding very much from the head. I took him to
the house, where he died. He lived from the 14th
of December to Christmas-day morning. My
father was in good health until this occurrence. I
saw some dogs in Dewhurst's meadow between 12
and 1 o'cloc; one was a brown and white dog, and
the other was a black and white. I saw the dogs
before the magistrates at Clitheroe. The black
and white dog is the largest. On going to Dew-
hurst's meadow the following day I found a sack
which stunk very strongly of fish. I gave the
sack up to the police on the 14th. I found a "purse
net" in the field on the same morning. It was set
on the other side of the field to where I found the
sack. The net is put in hedge rows for the purpose
of catching hares or rabbits as they pass.
Cross-examined—The name of my master is the
Rev. L. M. Whalley. lam a daily workman, and
watch occasionally. I have been an occasional
watcher eight . years. Before I went into Mr.
Whalley's service I worked on the line. I know
Mr. Taylor's ground. I don't know that I have
ever done a bit of poaching myself. rhave been
summoned for trespass.
Police-constable Southworth remembered the
evening of the 13th of December. About a quarter
past lfo'clock he met Police-constable Myers on
the turnpike road between Whalley and Clitheroe.
About 30 yards from the tollbar, on the Whalley
side, he met three men. They were coming from
the direction of Clitheroe. He recognised the first
man as Thos. Riley. He carried a stick with him.
He spoke to him. Riley at that time lived at
Clitheroe. The second man had a bundle with him,
but he only knew Riley. He did not see the other
two men sufficiently to recognise them. They had
a light-coloured dog with them. He had seen the
, and knew it to be Wm.
After before,
rtfhoersee men had passed about 20
light-coloureds an d ersons .
yards there was a dog passed him, about 50 yards
before three other men. He recognised one of the
three men as Thomas Whittaker. A little before
they got up to him Whittaker stooped down to see
who ho was. He had then a good opportunity of
examining his features. The night was foggy. On
the following morning, a little before six o'clock, he
apprehended Whittaker at the house of his brother,
Low Moore, near Clitheroe. He was upstairs,
partly dressed. In the kitchen, and before the fire,
were his clogs, which were wet and dirty. The
upper part o the clogs appeared to be soiled from
a field, the lower part mire from the roads. He told
him he was charged with being one of a part"- who
had been out poaching near Whalley. He said, " I
went to bed at 10 o'clock last night." He had since
seen a broken gun shown to him by Myers. He
last saw that gun in March last at the house of
John Parker, in Clitheroe. The prisoner at that
time lived at the house of his father. He was
assisting to sear2h the house when he found the
gun ; it was in a box upstairs. At that time it
was unbroken.
- Cross-examined by Mr. Foster—l went to the
elder Parker's house for the purpose of apprehend-
ing him, but he had got out of the way. I didn't
take the younger Parker into custody till about a
fortnight ago. Up to that time he had followed
his work as a labourer at Clitheroe.
Police-constable Myers, on being called, said—On
the night in question I went to the Pendleton
toll-bar to meet Police-constable Southworh. I
met two keepers and the three watchers, and
knew them to be the keepers and watchers of Mr.
Whalley. Jas. Eatough was ono, Jas. Gornall,lil m.
Hargreaves, Hindle, and Henry Eatough. They
went into a field adjoining Hardhill-lane, and while
there I heard the noise of a stick as though some
one was passing a fence. I heard a dog make a
noise. A little after that I heard footsteps coming
up the lane in the direction of the turnpike. Shortly
after this two of the keepers followed the poachers
into Dewhurst's meadow ; they were Gornall and
Hargreaves. Henry Eatough joined the party at
that time. The other four watchers went into the
meadow, and I followed them. It might be about
an hour after I had parted with Southworth at the
Pendleton toll-bar. After I got into the meadow
my feet became entangled in a net. I then came up
with James Eatough, who had hold of a net. He
wanted me to hold it up, but it was fast. Eatough
then ran down the field, and in a minute or two
afterwards I heard a noise as though men were
striking each other with sticks. It might be 40 or
50 yards from where I was standing. I heard a gun
go off; that is, the cap exploded. None of the
keepers had guns that I know of. I heard old John
Parker in the field. I heard him say, " D— it, man,
rabid who You hit." thou heard John ZAtougb,

say, " This is old Parker." John Heyworth is -the
occupier of this land, and lives about four minutes'
walk off. I went to the house for assistance, and
knocked him up and gave information. I then re-
turned to Dewhurst's meadow, and might have been
absent for 15 to 20 minutes. I met the keeper and
watcher. The deceased was covered with blood ;
his head and face cut, and he was in a pitiful con-
dition. Hargreaves, Gornall, and another of the
Eatoughs were bleeding. I get this gun from Gor-
nall, and the lock from Richard Hayworth the fol-
lowing morning. I saw him pick it up in Dew-
hurst's meadow. The stock, at the time I received
the gun, had a ramrod in it. I found the gun was
loaded, and drew the charge. It was charged with
3oz. No. 3 shot. and loz. of powder. I stopped at
Heyworth's until the doctor came up, and I then
went to Clitheroe. I made a report of the affair
to Superintendent Leary. We went to Parker's
house, but old Parker was not there, and has not
been found. We next went to Sanderson's. On
going into the house we found Thomas Riley there'.
It would be about a quarter past four o'clock in the
morning. Riley was dressed, lying on some chairs
in front of the fire. There was a stool on the hearth,
and upon it a pair of trousers, as if lying there to
dry. There was also a pair of shoes on the hearth.
After Sanderson had admitted me he went upstairs.
I followed him. He then turned back, and I told
him he was charged with being in a poaching affray
down towards Whalley. He replied, " Very well,"
but seemed agitated. I followed him upstairs, and
he looked for his trousers but could not find them.
I told him his trousers were downstairs before the
fire, and he said, " Oh, yes." In searching the
house I found two game nets, one of which was
damp. I saw two dogs there, one of which was a
light-coloured one, and one more black than white.
I have known the light-coloured one six or seven
years, and have often seen it with Sanderson and
in Sanderson's house. I took Sanderson and Riley
to the Clitheroe police station. I found four pieces
of pot, an oyster shell, and seven gun caps in the
pockets of Sanderson. Those caps fit on the nipple
of the gun before alluded to. On the same morn-
ing, Southworth apprehended Holden. I searched
him, and found upon him one piece of pot and an
oyster shell. There was blood on Holden's jacket
and vest. I said to Holden, " You have blood on
your jacket, how do you account for this ?" He re-
plied that perhaps his nose had been bleeding.
Leary, who was then present, asked him if his nose
had been bleeding lately, when he replied in the
negative. On being told that his trousers were wet,
he said he had been at Blackledge, leading to White-
wall, the previous evening. I have examined the
nipple of the gun, and it appears to have been
stopped up with earth, as if it had come out of a
ploughed field. Dewhurst's meadow is a stubble
field. I never saw any of the poachers during the
affray.
It being now near eight o'clock,the further hear-
ing of the case was adjourned to next morning.
SATURDAY, Feb. 19.
His lordship having taken his seat at nine o'clock.
Thomas Riley, one of the poachers in custody,
who was admitted as approver on the part of the
Crown, was placed in the witness-box and examined
on the part of the prosecution. He said, lam a la-
bourer, late of Clitheroe, at present a prisoner in
Lancaster Castle. I recollect being apprehended
about 4 o'clock on the 14th of Dec. On the after-
noon of the 13th I was in Salford with the prisoner
Sanderson. I was at Birch's there. On arriving at
Wilkin-lane we met with Holden. We stopped
talking at the top of Wilkin-lane about an hour.
During that time John Parker, the elder John
Parker, the younger, and a man named Nowell
came up. I know a beerhouse kept by a man
named Heys. I, Sanderson, Whittaker, and Nowell
went to Heys'. Young Parker did not go with us.
Old Parker followed us to Heys' in about 10
minutes ; it being about eight when we got there.
We had two or three quarts of ale, and remained
there till nearly 11 o'clock. We then struck off to
get a hare or two, and went to Sanderson's house
for nets and dogs. Old Parker went from Heys'
with us, and left us at the top of Wilkin-lane to go
and get a gun. At Sanderson's we got 10 purse
nets and pots. We took a brown and white dog
and a black and white bitch with us. When we
were starting out John Hayes joined us. There
were then William Sanderson, John Hayes, Thos.
Whittaker, Denton Nowell, and myself. We met
old and young Parker on this side of Little Moor
Houses. At Little Moor we got- some pots ; we
wanted them to place for marks where -we put the
nets. Old John Parker had a gun, and I tried it
whether it would go off or not. Myself, Whittaker
and old Parker used the pots in the field. We went
along until we came to a place called Limehouse
Clover. When we came near to Thurshaw's gate, I
and John Hayes and Denton Nowell went first. A
short distance past Thurshaw's gate we met police-
, constable Southwell. I had a stick in my hand, and
Nowell had the bag with the long net. The brown
and white dog at this time was along with me.
I spoke to Southwell and said, " The top of the
morning to you." After two unsuccessful at-
tempts to get game by laying down the
nets, we went on the high road towards
Whalley. Before we left the last place Nowell
and Sanderson got a stick while I was taking up
the long net. After going across some fields we
went up Flat-hill-lane, and out of the lane into a
stubble field called Dewhurst meadow. There were
five of us, John Hayes, the two Parkers, myself,
and Thomas Whittaker. The other two were left
at the gate. When we began setting the net young
Parker had the gun. I took out the long net, and
with the assistance of old Parker set it. We then
went forward along the fence side setting the purse
nets, leaving old Parker to look for the " smoose"
holes. Young Parker and John Hayes had the
dogs with them at the net, when I met Hayes and
young Parker running down, and they said, " The
keepers are coming." Gornall came up to me, and
I struck at him and missed him. The two men
nearest me were down on the ground, and one was
old Parker. I went to them. I thought our party
was topmost, and struck the undermost. I hit him
on the side of the head, and he said, " D it,
lads, mind whom you strike." It was old Parker's
voice. I passed Sanderson and Nowell in the
stubble at the time of the affray ; the whole of our
party were in the field at the time of the affray. I
did not know the deceased. I saw an old man
there, and he was struck three times; I don't know
who struck him. That old man was the same that
I afterwards saw ill at Lamb-row. There were three
or four persons round him ; he, I think, said, " Lads,
are you going to kill me?" Sanderson and I were
taking the long net up. I heard the sound of a gun
hammer go down before I saw the old man beaten ;
I had not seen any blows struck up to that time ;
before the hammer went down some one called out,
" Shoot, shoot, d it, shoot !" I didn't hear the
gun cap explode. Old John Parker was hit ; I
hit him. Young Parker was also hit, and he said
he was cut on the head ill. I did not see any
other of our party injured. I did not see any-
thing of the gun after I left the field. Young Parker
said he had lost his cap on the field. Hayes picked
up a plaid and a piece of carpet. The check of the
plaid Was small, and the pattern black and white.
I told him to leave them as neither of them be-
longed to us. I saw a black " billy cock" in old
John Parker's hands as we were leaving the gate of
the field. We had got the long net away with us.
When in Moor-lane we picked up some pots and
broke them into small pieces. We got up the net,
took it away, and left the field and went to Pendle-
ton old toll bar. On my way I waded across Barrow
brook ; the others crossed before me. From Pen.

dleton bar we went down Pendleton Old-lane to-
wards Mr. Aspinall's. From there we went to old
John Parker's. He went into the house and came

out again, when his wife brought him a coat, bundle,
and a sovereign. As we were going across the
meadow old John Parker pulled his blouse shirt off,
and put a clean one on. Hayes wrapped a plaid
round his body and buttoned up his coat. John
Parker, the older, said he was going to Barnolds-
wick. When old Parker changed his shirt there
was six of us, young Parker having left us. John
Hayes, Thomas Whittaker, Nowell, and old John

Parker went awaytogether. Sanderson and I then

went to Sandersori's 'louse. The dogs went with
Sanderson and me. Nowell took the net with him.

Whittaker took old Parker's shirt that was stained

with blood.

Cross-examined by Mr. Atkinson—By trade I
am a block printer, but have been labouring lately.
I last worked at my trade about five or six years
ago. When I left off block printing I resided with
my parents. I left them when they broke up house.
It may be between four or five years since I left
home. The last work that I did was putting water
into Mr. Hall's house. It is within six months. I

I got 2s. Bd. a day for two days and a half. That is
the only work I have had since I left home. I have
got my living by getting two or three hares and
fishing. I have been catching these two or three
hares for the last 20 years. I have been in gaol
five times. I was first sent there for being drunk,
next for fishing. My third and fourth offences were
poaching. The next time I was sent to gaol for
finding some potatoes. I found them by the road-
side, put them into a sack, and used them. I am
very sorry I have been engaged in this affair.
I have repented ever since I came to gaol this
time. I first told my repentance to Thos. Leary. I
sent a letter to Mr. Lear. It was written by Mr.
Ellison. I told him that I wanted to see Mr. Leary,
and that I had never had any rest since I came to
the gaol. I saw William Varley in the gaol, and
he asked how I was getting on, and asked me if I
had any word to send to my parents. Varley and
I never had a word of conversation about this
matter. Mr. Ellison was in the room at the time.
Nobody else came to me in gaol besides Varley and
Leary but the efficerN of the gEvol. I told Mr, gat-

son I wanted Mr. Leary to come to me, and he
wrote the letter for me. I told him what to say.
By Mr. Cross—While I was in Sanderson's house
I wrapped up his trousers and made a bolster of
them before the fire. Oyster shells had been about
Sanderson's house a long time.
By Mr. Foster—l know Waddington, near
Clitheroe. I never was caught in Alice Heard's
hen roost. Never stole two pounds of bacon at
Low Moor. Never stole a hawker's pair of stock-
ings at Birch's house at Clitheroe. Never stole ss.
from a block printer at the Robin Hood, Clitheroe.
Never stole two geese from James Dawson, of Edes-
ford Bridge. Young John Parker complained to
me that he had been cut about the head; I saw the
blood on his face. We all went together to Parker's
a little before two o'clock.
Re-examined—l got a month for stealing
potatoes.
By his Lordship—Bleating is a signal among
poachers to tell them the keepers are coming. It
is also a signal for picking nets up after the dogs
have done running.
William Varley, a boy of 12 years of age, was
next called—l live in Wilkin-lane, Clitheroe. My
father is a block-cutter. I remember the prisoners
being taken up for this offence. I remember seeing
nine or ten of the poachers the night before the
affair. Sanderson and Riley were there. Sander-
son spoke to my mother. I saw them standing
together about 10 minutes, about 40 yards from
Sanderson's house.
P. P. Marsden was next examined. He said—
I am a constable stationed at Downham, near
Clitheroe. On the 4th Dec. I took a pair of boots
from the feet of Sanderson while in the lock-up.
There was something peculiar about the soles of
the boots. I then went to Hardhill-lane with
Gornall, and examined the footprints there, and
they corresponded with the boots. The footprints
were between the wood bridge and the gate leading
to Dewhurst's meadow. The impression of the boots
nearest to Dewhurst's meadow was about three
yards from the gate. The footprints corresponded
in the arrangement and number of the nails with
the boots belonging to Sanderson. I also produce a
pair of clogs taken off the feet of Holden. I took
the clogs to Hardhill-lane and compared them with
a score of footprints there. The clogs corresponded
with the impressions in every respect. The number
of nail marks in the clogs corresponded with the
number in the impressions. The person who made
those footprints appeared to have been coming from
the wood bridge to Dewhurst's meadow. This wit-
ness also deposed to having seen the gun before re-
ferred to by other witnesses at the house of John
Parker the elder on March 11. It was then broken.
Wm. Smith said—l am a labourer at Clitheroe.
I remember some persons being taken up for this
poaching affair. The day before that I was working
along, with the two Parkers. I recollect Riley and
Sanderson being apprehended. I had seen and was
two hours with the two Parkers on the day previous
(Monday). We were cutting hay at Thomas Ho-
thersall's stack : he keeps the Wheatsheaf at Cli-
theroe. I left them about four o'clock in the after-
noon. I heard about nine o'clock on Tuesday morn-
ing of the apprehension of Riley and Sanderson.
On the same Tuesday morning I saw young John
Parker; it was directly after I had heard about
Riley 'and Sanderson ; he was in Thomas Hother-
sail's back yard cleaning a drag. I observed he had
a clean shirt on, a clean holiday shirt. I noticed
he had a pair of fresh trousers on. The trousers
were his father's. They, were not the trousers he
had on the previous night when I saw them.
About half-past 3 o'clock on the same Tuesday after-
noon I saw John Parker again near Mercer's mill.
He was laying up manure for Thomas Hothersall.
We conversed a good deal about this poaching.
Young Parker said he had got into bed when
the police came to look for them. He said he
had got washed and got a clean shirt on when the
police came, and he bad put a fresh pair of clogs to
the fire. He showed me a cut on his head about
the size of a shilling. I put my finger on it ; it was
in the hair, about two inches from his forehead.
He said he thought it had been done with a shoe.
He said it had been done in the poaching affray.
He said three of them had him down, and it was
then he received that wound. He said he had
" bleated" like a sheep when down, till assistance
came to him. He said that his father had gone off.
Cross-examined by Mr. Foster—Never mentioned
what young Parker told me, only to my brother
the day after Christmas day, until I was sent for
to Hothersall's public-house by Mr. Baldwin, soli-
citor. I had some gin there, which I did not pay
for myself.
John Baynes Pinder, surgeon and apothecary at
Whalley, was next examined.—Knew the deceased,
and was called on to attend him at a cottage house
in Lamb-row. He was bleeding most profusely
from wounds on the head and face—there were six
on the head and two on the face. Some of the
wounds were incised ones, and others contused.
The incised wounds were less clean than if done by
a knife. The wounds might have been produced
by a gun stock. The shoulders of the deceased
were bruised. Attended him up to the,morning of
his death. It was about 2 o'clock in the morning
when witness was called in to attend upon the de-
ceased. The witness then detailed the result of a
post mortem examination he had made of the body
of the deceased, and attributed death to the wounds
on the head and the fracture of the skull. He had
examined Parker's head. There was a cicatrix of a
wound on it.
Cross-examined by Mr. Foster—The wound was
perfectly healed. . The hair was not cut, or shorter
about it. He could not tell how long it had existed.
It might be of old standing.
This was the case for the prosecution.
The learned counsel for the several prisoners
then proceeded respectively to address the jury on
behalf of their clients, contending that the facts
did not show a combination to resist to the death
all opposers of their common design of poach-
ing, supposing the prisoners to be identified,
and unless there was such combination each was
only answerable for his own acts • and that there
was no proof who had struck the blows which had
caused the death of the deceased. That whoever
did strike those blows had done so in self-defence
when attacked by the keepers, and in hot blood,
and that the offence was not that of murder, but
manslaughter. Then, as to the persons present, it
was contended that the corroboration of the approver
Riley was not satisfactorily made out as to any of
the prisoners. As to Parker, his learned counsel
contended that the attempted corroboration of
Riley's statement by the witness Smith was in itself
an improbable story, and when sifted was contra-
dicted by the evidence of Mr. Pinder the surgeon,
who had disproved the probability of the prisoner's
head having been wounded on the 14th Dec. last.
The address of the several counsel occupied three
hours and a-half in the delivery.
His lordship then proceeded with great care to
sum up the evidence, and in reference to some com

ments made on the game laws, said it was not his
province to say whether those laws were politic or
otherwise. But no system of law in a civilised
country could permit bands of armed men to tres-
pass on the grounds of another, and endeavour to
take by force from him what he had a right to
preserve on his own land. His lordship then went
carefully through the evidence as affecting the seve-
ral prisoners, directing the jury that if they thought,
on the facts, that the prisoners went out with a
common design, armed to oppose all resistance to
their unlawful act, and death then ensued, and
they were satisfied by the evidence of the approver,
corroborated substantially, that each of the prisoners
was there, it was their duty to find them guilty of
murder. If, however, they thought that the keepers,
by their conduct and by excess of violence in at-
tempting to arrest the men, had provoked the blows
in hot blood which led to the death of the deceased,
then the offence was only manslaughter. If they
thought the evidence as to each or any of them
being present was not satisfactorily corroborated,
then they must find one or all of them not guilty.
The jury retired, and after an absence of an hour
returned with a verdict of Guilty of manslaughter
as against the prisoners Sanderson and Holden, and
of not guilty as against the prisoner Parker.
His Lordship then sentenced Sanderson, who was
shown to be an old poacher, to 10 years' penal ser-
vitude, and Holden to four years' penal servitude.
There were two other indictments for night
poaching and for cutting and wounding against the
prisoners. With regard to Parker, the learned
counsel for the prosecution said they should offer no
evidence on these indictments. A formal acquittal
was therefore taken, and he was discharged.
This case, which occupied all day till 6 o'clock,
finished the assizes.

TITLE TO LANDED ESTATES BILL.—The bill
brought into the House of Commons by the Solicitor
General to simplify the title to landed estates has been
printed. It is divided into two parts, the first of which
relates to the measures to be adopted by the owner for a
declaration of title and for the conveyance of land ; and the
second part relates to the establishment of a Landed Estate
Court, for the purpose of carrying the provisions of the act
into effect. The court is to consist of a chief judge and an
assistant judge, to be appointed by her Majesty, and to hold
their offices during good behaviour. No persons are qualified
to be judges of the court unless they have been practising
conveyancers for 10 years, or have served five years in
Ireland as judges of the Incumbered Estates Court.

LADVERTISEMENT.)—HoIIoway's Ointment and Pills.
—Marvellous cures o Sciatica, stiff joints, paralysis of the
limbs, and other crippling diseases of the bones, sinews, and
muscles, have been accomplished by Holloway's Ointment.
It is the only ungent which produces any impression on
these complaints. The Pills also work wonders. The
Ointment and Pillsl should both be used at the same time,
for the action oe one is greatly assisted by that of the
other. Why should any human being suffer from the above-
mentioned maladies,.when Holloway's Ointment and Pills
are to be found in every city and townin the world ? These
noble medicines are composed of rare balsams, and are as
Wain Pacl Pio Ivi_tbeY Pfro PQWQrful aucl

LORD STANLEY'S REPORT ON INDIAN

FINANCE.

An important State paper was laid before Par-
liament and ordered to be printed on the 14th inst.
It is no less than Lord Stanley's " Review of the
Finances of India, as shown in the actual accounts
of 1856-57, and as estimated for 1857-58 and
1858-59." This paper bears date the India-office,
19th of January, 1859, and is addressed to the
Governor-General of India in Council. The accounts
for the year 1855-1856 exhibit a total (Indian)
revenue of 32,08,90,650 rupees, and charges of
30,35,12,781 rupees. This leaves an (Indian) sur-
plus of 1,73,77,869 rupees, but the " home charges"
of 2,78,38,516 rupees convert it into a deficit of
1,04,60,647 rupees. In 1856-57 the revenue amounted
to 33,30,33,912 rupees, and the charges to
30,79,90,749 rupees, leaving an (Indian) surplus of
2,50,43,163 rupees, which was again converted, by
" home charges" amounting to 2,68,37,700 rupees,
into a deficit of 17,94,537 rupees. The aggregate
receipts from land revenue in 1856-57 amounted to
17,71 75,804 rupees, being a general improvement of
72,11,182 rupees as compared with the preceding
year. Customs (excluding salt) fell off in 1856.7
by 7,86,265 rupees. Salt sales and duties yielded
3,09,87,107 rupees, being 11,69,476 in excess of the
amount realised in the previous year. The net
receipts from that important item of revenue
opium amounted to 3,85,63,712 rupees, being
10,39,044 rupees less than in the previous year.
" Sayer and Abkarry" yielded 1,42,13,644 rupees.
The largely increased importation of silver con-
tinued in 1856-57, and the net profits of the three
mints of Calcutta, Madras, and Bombay (including
the profits on the copper coinage) exceeded by
6,47,234 rupees the net profit of the previous year.
Under "Public Works" there was an increased
receipt of nearly 29 lacs of rupees, but this was in
a great degree nominal. Lord Stanley regards this
(generally) progressive movement of the revenue
as satisfactory, As regards the charges, it is stated
that the civil charges extraordinary exhibited a
decrease, and the military charges, ordinary and
extraordinary, an increase (in 1856:7) of 18,70,861
rupees ; in the marine and naval charges there was
also a net increase of 8,94,223 rupees. On the
whole, as regards both revenue and charges, the
financial result of the year 1856-7 is pronounced
by Lord Stanley to be a decided improvement as
compared with the result of the previous year, and
the financial position and prospects of India were
most encouraging when the mutiny of the Bengal
army broke out and upset everything.
The gross revenues of India are estimated for
1857-8 at 31,54,39,759 rupees, and for 1858-9 at
33,01,60,202 rs. The charges of 1857-8 are estimated
at 34,42,22,703 rupees, and those of 1858-9 at
39,73,32,849 rupees. Lord Stanley estimates the
" final deficit" of 1857-8, which is wholly attribut-
able to the mutiny, at 9,00,00,000 rupees, and that
of 1858-9 at 12,50,00,000 rupees, making a gross
total of 21,50,00,000 rupees, and to this should be
added 1,00,00,000, " the sum in which the expen-
diture on Public Works Extraordinary in the
above two years was less in each year than the
amount expended on the same account in 1856-7 ;"
this being done, the probable deterioration in 1857*
and 1858-9 is estimated at 22,50,00,000 rupees. ,As
a set off against this fearful sum, there will be the
forfeiture of pensions and the confiscation of the
property of rebels. The estimates for 1859-60 are
being prepared. Lord Stanley tells the Governor-
General that he shall resort to a further loan in
this country with the very greatest reluctance, but
that under actual circumstances "such a step
appears to be inevitable." The Governor-General,
however, is strongly urged to depend solely on
local resources for the ways and means required by
the Indian Government, so that this loan may be
the last to be raised in England. The whole debt
of India appears to amount to £74,543,167, of
which £18,573,781 has been contracted within the
last two years. Lord Stanley, on the strength of
this startling fact, recurs to the subject of loans,
denounces the system of raising such loans to meet
the general expenditure of the State as " most
disastrous," and calls the serious attention of the
Governor-General and his Council how otherwise
to meet the heavy disbursements at present entailed
for years to come by recent events. And the Go-
vernor-General is required to state his own ".views"
on the subject without delay.

COUNTRY MA.RKETB.

OXFORD-FEB. 19.

There was a good supply of all kinds of grain at market
to-day, and a greater degree of firmness prevailed. A large
quantity changed hands
Wheat, white 43s to 46s Beans, Mazagan7.—s to
red 40s to 45s I Middle & small 42s to 475
Barley 32s to 36s White peas 43s to 47'
I
Oats 22s to 30s Grey.. —s to

,D—FEn. 18.

The wheat trade is dull to-day. Millers are looking for
lower prices, and the farmers refuse to give way. To effect
sales a slight decline had to be submitted to.
Wheat, white 42s to 45s Peas, Partridge ..44s to 468
red 38s to 41s White 418 to 43s
Barley 34s to 41s Boiling 42s to 48s
Chevalier ....37s to 45s Dun 44s to 468
Grinding 27s to 33s Beans, Tick :...38s to 40s
Malt
__ 70s to 73s Harrow Ticks 38s to 428

Chevalier .., 72s to 73s Maza
Oats 25s to 35s

NOTTINGHAM-FEB. 19.

There was a fair quantity of wheat on offer, and prices
for all descriptions gave way fully 18 per qr. Barley a
fair demand, and about 2s over last week. Beans were the
same. Oats a slow sale, but fully as dear.
White wheat, new, 44s to 51s Barley, grinding.. 25s to 30s
Red do. 39s to 43s Oats, old, .. 3OB to 358
Old white 4os to 49s New do 25s to 308
Red do. 37s to 42s Beans.. 49s to 628
Barley, malting.— 35s to 45s Peas .... --s to --a
Super. flour, 32s to 36s ; fine, 28s to 30s per 20 stone.