The Sun.
London, England, 1850-03-25 00:00:00

ITALY.

The Roman official Gazette of the 15th contains
the following announcement:—
" The most eminent and reverend Cardinals, compos-
ing the commission of Government, having received the
joyful intelligence that his Holiness the Pope Pio 11.
will. iu the first week after Easter, enter into his do-
minions, communicate the same to the respective Mi-
nisters of State, in order that they may make the neces-
sary disposition for all that regards their respective
administration."
The same gazette contains a notice relative to
railroads. Toe object of it is to declare that, in case
Messrs. Alfieri and Conte, to whom the execution of
the railway uniting the two seas, from Ancona
through R,:me to Civita Vecchia and Porto d'Anzo,
was confided, do not, before the month of September
next, make sufficient progress in completing the con-
tract signed by them on the 7th of November, 1846,
the engagement will be declared null and void, and
that fresh tender, to be hereafter decided on, will be
received from other parties in the meantime.
The Costituzionale of Florence, of the 15th, states
that the Austrians intend sending a garrison to the
fortress of Porteferraio (Elba).

MINING IN TELL IGEN CE.
(From the Mining Journal.)
An average amount of business has been transacted
this week, and the market generally continues firm, with
an inquiry fin. shares in most of our leading mines.
Allred Consols and Wheal Tremayne are represented
to hare improved, particularly the former, in the 60 fin.
level, where the lode is now worth 701. per fin.
South Tolgus, Trevikkey and Barrier, South Frances,
Condurrow, and Devon Great Consols, have been in re-
quest during the week.
Botallack is reported to have improved, and shares
'have been sought for at a considerable advance on our
former quotation.
Tye directors of the Devon Great Consols, at their
meeting yesterday, declared a dividend of 5,120/., or Si.
per share, being for net profits arising from sales of
ores raised in the months of November and December
last. After payment of the dividend, there remains in
hand a balance of 21,6391. 2s. 7d. in cash, ore bills not at
maturity, and Exchequer-bills applicable to the, general
purposes of the company.
By private and official letters from Tincroft, we learn
that the mine continues progressively ,improving, im-
portant discoveries having been •'made during the week.
At North Tincroft engine-shaft, the lode is worth 501.
per fm. The: 100 fin, west is worth 401. per fin., with a
load six ft. wide, and no north wall. The 90 west is
worth 45/. per fathom ; three ft. of the lode is solid.
Grant's lode is worth 701. per fm. Chappel's lode, in
the 100 west, is worth 25/. per fin., and a wins.) under
this level is now worth 20/. per fm.

The mceting of Wheal Buller adventurers was held
on Tuesday last, when the accruints for January and
February were passed, and a dividend of 191. 103. per
share declared. The mine was represented to have con-
siderably improved, and dividends of 201. per sharp were
promised in future. lialant..e from Last account, 376/.
10;. 3d.; ores sold (less dues), 2.356/. 16s. 9d.=2,7331.
7s. Costs and merchsnt,' hills, 6551. 33 ; by dividend
of 121. 10s. per share, 1,6001.; leaving balance in hand,
4981. 4s.

The usual two-montbly meeting of the Consolidated
Mines was held at the mine on Wednesday last, when
,the aucounts for January and February were presented,
showing--Balance last account, 1,4001. Bs. 3d.; ores sold
(less dues), 5 8311. 9s. 21.=7.231/. 17s. sd. By c,ists
and merchants' bills, 6,4701. is. 9J.; leaving balance in
hind, 8111. 15s. Bd.
At Fowey Coesols account for four months to the end
of a.icenaha., 1849, the stst'ment showed profit of 2081.,
which, added to balance from last meeting, gives 6,990/.
A dividend of 1/, per share was declare, carrying to
credit of company 6.4961. The prospects of the mine
continue just the same as they have been for a consider-
able period.
At the West R.,lgooth meeting, the report stated that
the cost f ,r the month or February had been 901. 3s. 7d.
Tae shaft WAS down 15 f'ms., and a new lode had been
cut, producing good tinstuff.
At the Bryn-arisn meeting. the accounts showed—
Ores sold, 2301. 4s. 103.; cells received, 918/. 6s. 6d.;
!saving balance againit the mine of 81/. 2s. There
are unpaid calls, however, amounting to 281/. 13s. 6d.;
to me-t liabditie=, a call of 2s. 63. per share was made.
. .

At the 13wIch Consolida el Mines meeting a resolution
was passed declaring all shares absolutely forteited on
which the call of 21. per share, made in Del. last, be not
paid on or before the ,19 h April next. The report from
the mines is highly favourable, the prospects being very
gratifying, and SO tons of ore will be sampled on Satur-
day (this day).
At West Tolgus and Trtloweth meeting, the accounts
for the twelve months ending February showed a balance
of 2501. Bs. 3d. against the company. The shares were
increased to 940, and a call of 10s. per share made.
At Caradon Wheal [fool:onr account meeting, accord-
ing to the statement of assets and liabilities, a ba'ance of
4741. 7s. sd, was found against the company. The re-
maining shares were quadrupled, making them 572, and
a call of ss. per share made.
At West Wheal Treasury account meeting, for five
Months, a balance of 1,432/. was found against the mine;
but for the erection of a new engine-house, and other
requisite machinery, a profit of 423/. I Is. 11d. would
have accrued. The shards were increased to 1,024. The
mine is represented in a progressing and improving po-
sition, and likely to pay costs by the end of the year,
Upwards of 3,0001. worth of ore hare been sold since
August last.

Shares in the following mines have changed hands
since our last:—Devon Great Consols, Treviskey and
Barrier, Tincroft, South Tolgu., Trelawny, Mary Ann,
Trebano, Penzance ConsolP, East Gunnis Lake, Kirk-
cudbright, South Tamar, Bedford United, East Tamar,
Condurrow, Alfred Consols,
.s Tremayne, lieroddoot,
Stray Park, Spearne Console, Balleawidden, Botalleck,
Esgair Llee, South Wheal Frances, &c.
• In Foreign Mines, the principal business transacted
has been in St. John del Rey, Copiapo, United Mexican,
Linares, Santiago, Cobre, &c.

THE ARMY AND NAVY.
(From the United Service Gazette.)
CAPTAIN COLLINSON'S BEHRING'S STRAITS EXPRDI-
TioN.—The last opportunity of catching the Behring's
Straits Arctic Expedition, overland, was by the last West
India Mail, via Panama. By this route we believe
Captain Collinson has bean officially informed that no
intelligence has been received of Sir John Franklin, and
that in the Enterprise, commanded by himself, and the
Investigator, by Commander M'Clure, he is to proceed
in execution of the orders given him by the Admiralty,
on his quitting England in January last.
Tan BEAR-sxm CAP.—We understand that Lord
Gough has expressed a wish to defray the expense that
would be incurred in providing the men of his regiment,
the 87th, Royal Irish Fusiliers, with the bear-skin cap.
OPERATIONS, CHATHAM—Active operations
for the present year's instructions of the officers and men
of the Royal and East India Company's Engineers, as
well as the corps of Royal and East India Company's
Sappers and Miners, have been going on during the past
week oa the site of last year's siege operations, the first
parallel adjacent to St. Mary's Cesetnate3 being con-
siderably advauced. The various batteries, magazines,
approachPs, and remaining parallels will
be proceeded
with in sacceasion. Tho taming operations will be
pushed on simultaneausly both for the attack and
defence.
NEW BAYONET.—We believe it has been finally re-
solved to introduce a new bayonet into the British army.
The weapon, we hear, differs from the one actually in
use. inasmuch as it dispenses with the angle, This will
make the bayonet wound something less deadly, but it
will render the instrument lighter, and so far assist the
v;gour of the soldier's thrust.
Major-General Lord Frederick Fitzelarence,
commanding the district, intend* to erect at his own
expense, a bust (on a pedestal) of the Duke of Welling-
ton, on the esplanade, Southsea Beach, in commemora-
tion of his Grace's landing on that spot OH his return, in
1814, from the campaign in the Peninsula.
REGIMENTAL BENEFIT SOCIETIES.—The Secretary-at-
War has issued a circular to the several staff officers of
peoioners, to the effect that the Commissienell Pp-

pointed by the Act of 12 and 13 Vic., cap. 71, to make
an eqa;table distribution of the funds of the abolished
regimental benefit societies, have derided that the pen-
sions shall be continued to the men as a public charge,
except when it may be satisfaclorily shown that it
would be more to the advantage of the pensioner and
his family redeem the annuity by an immediate pay-
ment of a SUM of money. The staff officer is, thereLre,
called upon to report whether the pensions should be
continued, or whether the man is of such prudent habits
and in such circumstances as would justify the commu-
tation of the pension.
PLYMOUTH GARRISON.—The 32-gun battery at St.
Nicholas Island is ordered to be re-formed, as also the
battery on the Bluff. There has been no brigade day or
" trooping" during the week, in consequence of the ab-
sence of the Major- General.
A defensible guard-house in the main ditch of the
Citadel at Quebec is ordered to be erected, at an expense
of 7381.
Staff-Surgeon Mapleton, M.D., attached to the Depot
Battalion at the Isle of Wight, is on leave of absence to
the 31st of March.
RECRUITING SERVICE.—The appointment of superin-
teniling officer of the Gloucester Recruiting Station is
about to become vacant by the retirement from the ser-
vice of Lieutenant Evans of the 69th Foot.
CANTERBURY BARRACKS.—The Scots' Greys will
commence their march to Dublin on the 10th of April,
for embarkation to England; and as the regiment will
occupy these barracks, they aye being put in a thorough
state of repair.
Captain Herbert Gall, of the 14th Light Dragoons,
has been appointed Aide-de-Camp to Major-General
Barr, commanding the southern division of the Bengal
Army.
Staff Assistant-Surgeon Peile arrived at Southampton,
from Gibraltar, on Monday, in charge of invalids of the
34th, 56th, and 67th 11,giments, and proceeded with them
to Chatham on Wednesday.
ORDNANCE MEDICAL DEPARTMENT.—Senior Surgeon
Stewart arrived from Nova Scotia on Tuesday last,
having been ordered home to assume the duties of the
head of the department at Woolwich, as Resident Sur-
geon, consequent on the retirement of Sir John Webb,
the Director-General, and Dr. Thomas, the Deputy In-
spector-General.
THE TROOPS IN SCOTLAND.—The 13th Light Dra-
goons will replace the 2d Dragoon Guards at Edinburgh
and Glasgow; the 13th Light Infantry from Behest to
Fort George and Aberdeen; the 21st Fusiliers will move
from Edinburgh to Glasgow; the 27th, luniskilling,
from Glasgow to Stirling, Perth, and Dundee; the 93d
Highlanders from Stirling, &c., to Edinburgh.
NINEVEH ANTIQUITIES.--.WS are enabled to an-
nounce that the antiquities and curiosities lately dis-
covered in Nineveh will be conveyed to England by
her Majesty's frigate Cambrian, 40, Commodore Plum-
ridge. The gallant Commodore has sent the ship to
the Persian gulf to receive them. •
We understand that the Right Honourable Fox
Maule, M.P., the Secretary at War, is shortly expected
at Portsmouth, on an official visit.
Deputy Commissary -General Bowers has embarked
at Gibraltar for England, in the steam-ship Madrid, for
the purpose of proceeding on duty to the West Indies.

LAW IN TELLIUENCE.
ROLLS' COURT, March 23.
CARLISLE V. TUB SOUTH-EASTERN RAILWAY.
Mr. TURNER moved in this case for an injunction
to restrain the directors of the South-Eastern Rail-
way Company from the payment of dividends. The
application was made upon the ground that the com-
pany was restrained, by the 42d clause of their Act,
from paying any dividends until the whole line of
railway was completed. It appeared there were ori-
ginally three companies, entitled, the London and
Brighton, the Brighton, Lewes, and Hastings, and,
the South-Eastern Railway Company, which were
amalgamated with the South •Eastern Railway, which,
by the provisions of the Act of Incorporation, was
hound to complete their line within seven years; and
the line from Ashworth to Woolverhithe, which had
been in competition, and was subsequently incorpo-
rated with the South -Eastern Railway, and which
they were bound to complete within three years,
and restrained fi-om, paying any dividends in either
case until the bees were completed. Not-
withstanding these restrictions, the directors
had paid dividends on the shares, which had
not met with any opposition on the part of the share-
holders until the last meeting was held for declaring
the dividend, when the difficulty was rait,ed, and the
plaintiff in consequence filed his bill, and now sought
the present injunction to restrain the company from
making any further payments, which it was contended
was illegal, and in contravention of the Act of Parlia-
ment. The injunction was resisted on the part of the
company, on the ground that by a true interpretation
of the Act, they were not precluded from paying
dividends. That great inconvenience would arise to
the shareholders from a suspension of these payments,
and that the plaintiff had, by his acquiescence in
former payments, disqualified himself from imposing
the restriction upon the company sought for by the
present motion. It was further alleged that the
company bad funds at their disposal applicable to
these payments; it was proposed on their behalf that
they should be allowed to file affidavits in support
of that allegation.
Mr. Turner and Mr. Bovil having been beard in
support of the motion ; and Sir Fiztroy Kelly, Messrs.
R. Palmer, and Paley for the company,
Lord LANGDALE said, the funds of the company
could not be applied to private purposes. It was
formed for a public purpose, and in that view such
companies were invested with large powers. They
could take any land in the line without the warrant
of the owners, powers which were allowed them on
the presumption that they were far the public good.
The mistake was, that the directors thought that they
could act in a manner most advantageous for the
shareholders without being bound to act strictly
under the provisions of their Act of Parliament. In
this case, there were three companies, and with re-
gard to the line from Ashworth to Woolverhithe they
were empowered to transfer a portion to the South-
Eastern Company, which was to become part of that
company, and then came the clause with regard to
the Ashworth and Hastings line, which, if not com-
pleted within three years it was not lawful for
the South-Eastern Company, unless authorised by
Parliament, to pay dividends until the whole line was
completed. It was said that the terms of the enactment
were so general, that of necessity they should be inter-
preted to be limited, and that the Legislature never could
have meant that the dividends should be stopped until
the whole of the line was completed. It had been
already decided in that court, and confirmed by the
Lord Chancellor, that the directors of these companies
were bound to act within the terms of their Act. It
was still open to consider whether, under particular
circumstances, funds might not be applied for the
convenience of the shareholders, consistent with the
Act of Parliament. The case of Lord Pow is was
still pending, and that point had not yet been decided.
Great suffering might be inflicted upon the share-
holders if the dividends were now stopped. tie would
allow the defendants to put in the affidavit proposed,
by which the question might be raised, whether there
were special circumstances which would legalise that
payment. He should grant the injunction against
any further payment of dividends, except that last de-
clared ; but nothing should be done, in the meantime,
until after the hearing upon filing the affidavit. His
Lordship added that be would grant an action at law
if it was asked for.

The injunction was granted against the payment
of any future dividends ; but nothing was to be done
with regard to the last dividend until after a decision
upon the queJtion, to be raised after filing the affidavit.

ARCHES' COURT, March 23.
(Befire Sir HERBERT JENNER FUST.)
JUDGMENT—CONOLLY V. CONOLLY.

The LEARNED JUDGE gave his decision in this case,
which has already been argued, and concerns the ad-
missibility of certain responsive allegations offered on
behalf of the wife. The Rev. Pierce Conolly is the
party proceeding against Mrs. Cornelia Augusta
Conolly. Their marriage took place in 1831, at
Philadelphia, according to the rites of the United
States Episcopal Church; and the fruit of the union
was five children, three of whom are alive. The par-
ties cohabited until 1835, when they agreed to em-
brace the Roman Catholic faith, andlook the neces-
sary steps for admission into that church, with a
view to Mr. Conolly's becoming a Roman Catholic
pursuance with which object they both
took a Vow of perfect chastity. Mr. Conolly then
proceeded to Rome, but in July, 1843, returned to
America, where he was rejoined by his wife,
and they continued to live together until April,
1844, in the same house, but still observing
their vow, preparatory to a decree of sepa-
ration being obtained, which would not only
allow Mr. Conolly to take holy orders in the Church
of Rome, but also permit his wife to enter a convent
as a nun. On a petition being presented to Pope
Gregory the Sixteenth, the Cardinal's. vicar-general
pronounced a sentence which was said to have the
effect of a decree of separation. Mrs. Conolly entered
the convent of the Sacred Heart at Rome, and her
husband assumed the ecclesiastical dress. He was
afterwards ordained a priest, and in May, 1846,, came
to England, and became chaplain to the Earl of
Shrewsbury. Mrs. Conolly also came to England,
and founded a community of relgious women at
Derby; that community afterwards removed to
Hastings, and Mrs. Conolly was now its superioress.
In .order to qualify her for the office, it became neces-
sary she should take vows of poverty and oledience,
and accordingly in December, 1847, she did so, and
also renewed her vow of chastity. The allegation
given in by the wife pleaded that her husband at
first consented to her taking these oaths, and
entering into this society ; but that he after-
wards entered a protest against her taking the vows,
on the ground that he would be liable for any debts
she might incur. In January, 1848, he went to
Hastings, and demanded an interview with his wife,
which, however, was declined on her part, where.
upon the present proceedings had commenced. In
the 21st article of the allegation the law of the Roman
Catholic Church, as set forth in the decretals, was
pleaded ; it was to the effect that a husband and wife
might lawfully separate by mutual consent, in order ,

to enter into religious orders, and that such separa-
tion must be approved of and allowed by the Pope.
This was stated to have all the force of a legal sen-
tence of separation, and was pleaded as the law appli-
cable to the case. The Court did not think the ques-
tion at all determined by the fact. No cases had been
cited to show that laws, which were peculiar to one
state, were necessarily taken notice of by other coun-
tries. It was not sufficient that such was the law
of Rome, it ought to be shown that such law had
been received and acted upon in this kingdom.
The Learned Judge then referred to several autho-
rities for the purpose of showing how the law of
lex loci contractus had been applied in the consi-
deration by those courts of foreign marriage con-
tracts. Among others he mentioned a decision of
Lord Stowel, 2nd vol. Consistory Reports, " Scrimshire
v. Scrimshire," p. 395. Dr. Hactgard's Reports, &so,
p. 416, the case of " Dalrymple v.Dalrymple," and Mr.
Bruge's work upon the Colonial Laws. Tne court in
all cases which had come before it had adopted as its
own the laws of the country where the marriage was
contracted, in determining the question of the status
of the parties. That principle, however, did not ap-
ply were the laws were not a part of the j us gsntiun,
and the subjects of all nations were not equally
interested in them. It was not to the law of Rome
the Court was to look for the rights, duties, and obli-
gations arising from the marriage state. With regard
to that question it would look to the laws of England
alone. What were those laws? One was, undoubt-
edly, the cohabitation of the parties—they were not
permitted to separate voluntarily from each other—to
be released, and dispense with that obligation which
was a part of the marriage contract : separation, on
the contrary, must be attended by a judicial
sentence. On the subject of a sentence of separa-
tion, it had been properly observed in the argument
that a sentence pronounced by Consistory
Courts was entitled to considerable atten-
tion. This was shown in the case of " Sin-
clair v. Sinclair," Ist. vol. Consistory Reports, p. 296,
where Lord Stowell remarked that sentence of sepa-
ration decreed by proper courts abroad, would be en-
titled to consideration in our courts here. In the
present case, however, the alleged sentence was pro-
nounced by the Vicar- General of Rome, simply upon
the petition of Mr. Conolly, in which he set forth the
resolution of himself and wife to live in perfect
chastity, his intention to enter the Roman Catholic
Church, the fact of Mrs. Conolly's having entered the
Convent of the Sacred Heart, and, in conclusion, he
prayed that his ordination might take place without
the usual letters from the Bishop of Philadelphia, as
that would create delay. Upon an audience with his
Holiness, the prayer of the petition was granted,
provided Mr. Conolly's wife took the vow of perpetual
chastity. This answer to the petition, however, was
no sentence of separation ; indeed the parties had
only pleaded that it was "tantamount to a sentence
of separation." It enjoined a vow of per-
petual chastity, but it certainly -' did not,
pronounce that the parties were, entitled to live
separate and apart from each other. Under such
circumstances the Court was of opinion that this was
no sentence of separation, or even tantamount to a
sentence pronounced by a foreign Court. With re-
gard to the question 'of profession in this country, re-
course had been bad to the statute of 10 Geo. IV., c.
2, an Act for the relief of his Majesty's Roman
Catholic subjects. It was perfectly clear from that
Act that Mr. Conolly could not have entered into
any religious community after it came into operation
in the year 1829. He came to this country in
1846, and remained here without being a professed
member of any religious community. With regard
to Mrs. Conolly, the Act did not apply, as she would
be exempted under the 37th section. She would be
in the same position as she was in before the passing
of the Act. The case, then, came to this. Here
was a person admitted into holy orders in the Church
of Rome who was at Rome for a temporary pur-
pose, but had no fixed domicile there. Of course
he was then subject to the Roman law,
but he did not carry those laws with him when he
came into this country. It would be no answer to
an action for debt incurred by Mrs. Conolly, that she
was the professed head of a a religious community in
this country, and therefore empowered by the laws of
Rome to live separate and apart from her husband.
Neither, if such might be supposed, would it be any
answer to a suit for adultery. Mr. Conolly would
not be bound by this vow of separation to abstain
from bringing a suit for separation by reason of adul-
tery. The Court only put such a case as one in which
it would be impossible for the laws of Rome to bind
parties here. Under all the circumstances, without
having any means of judging what Mr. Conolly's
motives were, beyond the fact pleaded, that he was at
present liable for any debts she might incur, the Court
was of opinion that, even if the wife's allegation was
admitted, the suit would not be barred, and the Court
must therefore pronounce against it, whatever might
be the effect of such a decision.

The Proctor for Mrs. Conolly gave notice of nppea

ASSIZE INTELLICirENCE.
HOME CIRCUIT.—Mai/stone, March 2.3.
(Thfore Mr. Justice MAULS.)

Edward Price, 25, labourer, was indicted for the
crime of wilful and corrupt perjury.
Mr. Horne prosecuted.
It appeared in this case that the offence imputetl
to the prisoner was of a very atrocious character. It

seemed that having some spite or against two
persons who resided in his neighbourhood, he had de-
liberately gone before a magistrate and sworn that he

had seen the persons in question in the act of com-
mitting a capital felony of an abominable character.
It was distinctly shown that there was not the slightest
ground for the charge, and the evidence did not leave
the shadow of a doubt that the prisoner had wilfully
perjured himself.

The jury, without the slightest hesitation, returned
a verdict of guilty, and the Learned Judge, after
making some appropriate remarks upon the aggra-
vated nature of the offence, sentenced the prisoner to
pay a fine of one shilling, to be imprisoned a week,
and then to be transported for seven years.
(Before Mr. MONTAGUE CHAMBERS, Q.C.)
George Sutton, George Buchhurst and Thomas
Buchhurst, three young men, of respectable appear-
ance, who surrendered to take their trial, were in-
dicted for misdemeanour, in being upon certain land,
in the parish of Crayfurd, armed, and in pursuit of
game.
Mr. Clark and Mr. Strange conducted the prose-
cution ; the defendants were represented by Mr.
Dawson and Mr. Addison.
The circumstances of this case were of rather an
extraordinary character, and it occupied the court for
several hours. It appeared that the prosecutor was a
gentleman named Burnett, residing at Crayford,
where he occupied a considerable quantity of land.
On the night of the 29th January an under keeper in
his service, named Brazier, was out watching, accom-
panied by two persons, named Eaves and Etheridge,
and about ten o'clock they heard the report of a gut),
in a wood called the Square. According to the evi-
dence of these witnesses, they proceeded in the direc-
tion whence the sound of the shot appeared to pro-
ceed, and Brazier stated positively that he saw three
men in the wood, and he declared these men to be the
prisoners at the bar ; and he likewise stated that Sut-
ton had a gun, and that one of the others had a pheasant
in his hand. The men got away at the time, and
soon afterwards, the assistance of a policeman having
been obtained, he was stationed at one of the outlets
of the wood, and upon Thomas Buckhurst coining
out he took him into custody, but the others got
away. In the course of the case, it was elicited by
the counsel for the defendants, that after Sutton and
George Buckhurst had got away, Brazier had given
Eaves a snare, and instructed him to go to a public-
house at Woolwich, where he was likely to meet these
prisoners, and an arrangement appeared to have been
made that he should treat them with liquor, and inti-
mated that he was concerned in poaching transactions,
and by getting into their confidence induce them to
make some admissions with regard to the offence with
which they were now charged. Eaves acted up to his
instructions, and according to his evidence, the pri-
soner George Buckhurst made a statement to the effect
that he and his brother and Sutton had been into
Burnett's woods to look for game, and that he was
afraid his brother bad been taken into custody ; and
he likewise represented that Sutton also made a sitni•
lar admission to him. The witness who spoke to
these conversations admitted, after a good deal of
fencing with the questions that were put to him, that
he tossed with the prisoners for beer, and he would
not say that they had not had as much as six quarts
of beer while they were together. He also said, with
regard to other matters, that he could not remember
anything respecting them, and added that his memory
would be better according as he was paid, and that he
should remember more if two sovereigns were given
him than if he had one only. It likewise appeared by
the depositions that were put in, that when before the
magistrate one of the witnesses stated that when he
saw the prisoners in the wood he did not know them,
whereas, on the present occasion, he swore positively
to their identity.
The Learned Counsel for the prisoners, in their ad-
dress to the jury, made some severe remarks upon the
conduct of the keeper and his assistants; and after
observing upon what they considered the evil effects
of the
wasg en am°
laws they said that the present prosecu-
tioninstance of the zeal which was infused
'
into such prosecutions. They then remarked upon
the facts of the case, and urged upon the jury that
there had evidently been a conspiracy among the par-
ties to convict the defendants, and to support the
present charge. Some severe comments were also
made upon the conduct of the under-keeper, in sending
the other men to the public-house to give the prisoners
liquor, and to endeavour to entrap them into some
admissions ; and after remarking upon the insproba-
bility of the prisoners making the statements which
the witness represented, they called upon the jury not
to place any reliance upon such testimony, and acquit
the defendants.

Mr. CHAMBERS, in summing up, said that in the
judicial position he then had the honour to occupy, he
could not help expressing his strong disapprobation of
the abominable proceeding that had been adopted, of
sending a parson to treat suspected parties with
liquor, with the intention of worming out statements
from them, with a view to convict them of an offence.
He made use of the strong observation that it was
abominable, because he felt that the conduct of the
parties deserved that appellation. In savage countries
the act of eating and drinking together was considered
among men a pledge of good faith and confidence, and
he could not permit such an act of treachery as had
been proved in the present instance to pass over with-
out expressing the opinion, in his judicial capacity,
that it was disgraceful in a civilised country, and re-
pugnant to the law of England. The Learned Gen-
tleman then proceeded to draw the attention of the
jury to the facts of the case, and said, that under all
circumstances the statements deposed to by witnesses
who did not report them until some time after the
transaction, was a description of evidence to be looked
upon as very unsatisfactory, and in the case of a per-
son who was employed expressly to obtain a particu
lar statement, and under such circumstances as had
been deposed to in this ca,,e, he said it did not appear
at all impossible that he should have invented the
conversation, if it had not actually occurred.
The jury at once returned a verdict of Not Guilty,
and the defendants were ordered to be immediately
discharged.

MIDLAND CIRCUIT, Derby, March 22.
TAYLOR V. TAYLOR.
Action of debt upon a promissory note for 501.
Mr. Hayes for the plaintiff ; Mr. Whitehurat, Q.C.
and Mr. Denison for the defendant.

The plaintiff and defendant stand in the relation of
father and daughter-in •law to each other, the de-
fendant having married his son.
The case of the plaintiff was this :—He was in the
glass-trade; his son was apprenticed to the same
business, and when out of his time wished to set up
for himself. To enable him to do so, the father gave
him a promissory note for 501, the money to be called
in if the son was successful in business. He was
successful in starting, but died about three years
from his commencement.

The defendant's case was, that she had paid more
on her husband's account since his death than there
were assets, and this she proved by putting in various
accounts, the payment of which she was enabled to
verify ; there being several others of serious amount
she could not strictly prove, and therefore was de-
barred the benefit of haying them taken into account
in her favour.

Mr. WHITEHURST characterised it as a very hard
action, which, if successful, would throw his client
into gaol.

The Learned JUDGE seemed to concur in opinion
as to the harshness of the proceeding.
The jury found for the defendant.
March 23.
(Before Lord CAMPBELL.)
Ann Orchard, aged 41, was charged with having, at
Lepton, on the 13th of November last, killed and
slain her husband, John Orchard.
The present case was a very distressing one. The
prisoner, a very respectable-looking-woman, and of
good character, had been in the service of the present
High-Sheriff of Nottinghamshire. On marrying she
quitted service. Her husband, however, was a very
loose character, and there is no doubt gave his wife
great cause for complaint. On the day in question they
had been dining, when the wife, provoked by his al-
luding to some of his liasons, took up a broken plate
and threw it at him. The jagged part of the missile
struck the deceased on the temple, wounding an ar-
tery ; blood flowed copiously, but it was ultimately
stopped. The deceased was, however, incautious
enough to begin eating some grapes, and subsequently
went out. The hemorrage recommenced, and brought
on tetanus or lock jaw, of which he died.
The High-Sheriff for Nottinghamshire (Mr. Strutt)
and two of his daughters gave the prisoner a very
high character.
The jury found the prisoner Guilty, but recom-
mended her to mercy.
The Learned JUDGE, taking all the circumstances
into consideration, sentenced the prisoner to one
month's imprisonment.

She had previously been out on bail.
William Cowley, alias Fletcher, aged 31, was
charged with having stolen one ewe, on the 24th of
January, at Breadsall, the property of one Mr.Pacey.
Mr. Willmore conducted the case for the prosecu-
tion.

The short facts of the case were these :—On the
morning of the 24th of January a ewe sheep was
missing from the field of Mr. Pacey, but the body of
a lamb was found that had been taken out of its
inside. From information obtained by the police the
house of the prisoner was searched, and an old cradle,
in a spare room, some piechs of mutton and bones
were found, and spots of blood leading up to the
cradle, as if it had been brought there freshly killed.
The skin of a sheep was also fund on the premises,
sworn to by Mr. Pacey as the skin of the animal in
question. The prisoner told the officer who arrested
him he had the mutton from his sister. His defence
now was he bought the mutton fa. Is. 63., believing
it was a drowned sheep, and his object was to feed
the dogs and ferrets which he kept to destroy rats.
The jury found him Guilty.
A previous conviction for felony was then put in,
and he was sentenced to be transported for 15 years.

OXFORD clitCun'.—Shrewsbury.
(Before Mr. Justice PATTESON.)
On Friday last Mary Catherine Newton was in-
dicted for the wilful murder of her mother, by stran•
gulAtion and burning. The prisoner had been twice
before tried for the same offence, but the jury bad
been discharged without agreeing to a verdict.
Mr. Phillitnore appeared for the prosecution.
The evidence went to show that in 1848 the pri-
soner was in the service of a person named Dyer, at
Bridgenorth, and her mother was in the habit of oc-
casionally calling upon her. Oa the 4th of December
in that year the mother came to see the prisoner, who
treated her very coldly, but it did not appear that
there had been any quarrel between them Mrs.
Newton complained of being cold, and Mary Corfield,
a fellow-servant of the prisoner, gave her some re-
freshment and some rum and water, after which
Mary Corfield went to bed, and lefc Mrs. Newton on
a sofa in the kitchen, where she was to sleep. The
fellow-servant had not been in bed long before she
heard Mrs. Newton calling out, " Don't, Kitty." She
went down stairs quietly and listened at the door of the
kitchen, but as there did not seem to be any quar-
relling between the prisoner and her mother she
returned to bed. In the middle of the night the
family were roused up by a quantity of smoke issuing
from the kitchen ; when, upon examination, Mrs.
Newton, was found lying, burned to death, across a
step leading to the brewery. The prisoner was in the
kitchen undressed, and evinced no concern at the
death of her mother. The floor of the kitchen was
wet, and bits of rag were lying about, and the cover
of the sofa spotted with oil, which was supposed to
have been poured out for the purpose of increasing
the flames. The prisoner was searched, and her
clothes were found to be wet up to her knees; her
stockings were also wet and dirty, and part of her
shift was burnt. The servant girl, Mary Corfield,
detailed various outrages she had seen the prisoner
inflict upon her mother a month or more before this
event. _

..._.....
At the conclusion of the evidence Mr. Huddlestone
addressed the jury for the prisoner.
Mr. Justice PATTESON summed up the evidence
with great care and minuteness, and the jury, after
twenty minutes' deliberation, returned a verdict of
Not Guilty.
The trial commenced at nine in the morning, and
did not terminate till midnight.

WESTERN CIRCUIT—Exeter, March 22.
(Before Mr. Justice TALFOURD.)
Robert Curtice Bird, described as a farmer, aged
31, and his wife, Sarah Bird, aged 34, were indicted
for the wilful murder of Mary Ann Parsons, a parish
apprentice, by striking and beating her to death.
The facts of the case have already been fully before
the public. Much interest was excited as to the event
of the trial.
It appeared from the evidence that the deceased
was fourteen years of age ; she had been taken into
the service of the prisoners from the union work-
found it
house on the 29th of September last, when she was
in perfect health. On the 4th of January she died,
caonvderheedr mwiotthhebr,ruuipseosn, an
goidzsga considerable sore and
see the body,
abcess on the back, over which a plaster had been
placed. There were marks of blood between the
shoulders, and other signs of ill usage having been
inflicted. The prisoners bad admitted that they had
punished the child ; and the female appeared very de-
sirous that no inquest should be held upon the body.
Evidence was given by several persons, who bad seen
both the prisoners ill use the child. The medical
witnesses at some length described the injuries in-
flicted. Death was found to have resulted from con-
gestion of the brain. There were several wounds on
the back of the head, and either of those injuries
were likely to produce effusion, although it could not
positively be stated that they bad bad that effect in
this instance. _ _ _

Mr. SLADE having addressed the jury for the pri-
soner!,
The Learned JUDGE alluded to the medical testi-
mony, and said he thought there was a want of that
positive evidence which was required in so serious a
matter.

A lengthened argument then took place, when his
Lordship remarked that the evidence failed to bear
out the injury which had been alleged, and both pri-
soners were accordingly Acquitted by the jury.

NORTHERN CIRGUI T.—Liverpool, March 23.:
(Before Mr. Baron RoLFE.)
George Winterbottom, aged 49, was indicted for

manslaughter, in having caused the death of John
Siddall, at Oldham, in February last, by putting him
into a vapour bath, and immediately afterwards put-
tin', and exposing him to cold in a shower-bath,
whereby his lungs became congested, of which con-
gestion he died.

It appeared from the statement of Mr. Monk, for
the prosecution, that the deceased was a youth of the
age of 17, who was in a consumption, and had con-
sulted the prisoner, a person who, until a few months
before, had been an operative in the cotton trade at
Oldham. The prisoner called himself a herbalist, and
had in his house what he called medicated and reno-
vating baths. He placed the deceased in a hot steam
bath, and as soon as he was taken out he placed him
in a cold shower-bath. The youth had been treated
in this manner several times previously to the
10th February last. On that day he was
again subjected to the same treatment. On his
being taken out of the cold bath an emetic was given,
and he became very sick. He requested permission
to lie down. After a few minutes prisoner went up
stairs, and in a few minutes returned, saying the de-
ceased was in a fine sleep. In less than half an hour
afterwards the deceased died. On a post mortem ex-
amination it appeared that the left lung of deceased
was full cf tubercles, and incapable of the functi,)n of
respiration. That the right lung was congested until
it was almost solid, and could not respire. This was
the cause of death. It was alleged that the treatment
was grossly unskilful, and ha i produced the conger•
tion of the lungs.

At the close of the opening of the Learned Counsel,
Mr. PoLLoca asked his Lordship whether from the
case, as stated on behalf of the prosecution, the charge
of manslaughter could be sustained.
His LORDSHIP said that male fides must be shown,
or such an amount of ignorance as implies male fides.
The question was, whether the prisoner had done his
best, for if that was so the prisoner ought not to be
tried for manslaughter. All great improvements had
taken place in opposition to the old practitioners. And
if people were liable to be tried for acting contrary to
the regular system, no one would attempt to make
new discoveries in medicine. When a person had
acted bona fide, a charge of manslaughter, according
to the late case, cannot be supported.
Verdict, Not Guilty.
CIVIL COURT—(Before Mr. Baron ROLFE.)
RIGBY V. HEWIT.

The plaintiff, in his declaration, stated that he was
riding upon an omnibus, and that the servant of the
defendant was driving bis omnibus in the same road,
and negligently drove against that on which the
plaintiff was riding, by which he was thrown off and
seriously injured. The defendant denied the neg-
ligence.

'Mr. MARTIN (Mr. Addison with him) stated the
plaintiff's case, and called witnesses, who proved that
on the 9th of May, 1849, the two omnibuses were
being driven on the road to Ardwick•-green, near
Manchester, and were racing, there being an opposi-
tion between them. On coming near a cart, the om-
nibuses came in contact, when they were going at a
furious rate, and that on which the plaintiff was riding
was driven into the channel, and the plaintiff being at
the end of the seat, it came in contact with a lamp-
post, and the jerk threw the plaintiff off, injured his
head most seriously, and he would never be the man
he was again. It would seem that he fell with the
back of his head upon the curbstone, was insensible,
and thought to be in a hopeless state, and had several
medical men attending on him. The base of the skull
was fractured, and notwithstanding every thing that
skill could do was done for him, he long continued in
a precarious state, and his mind appeared permanently
deteriorated.

Mr. Buss (Mr. Cobbett with him) addressed the
jury for the defendant, contending both drivers were
equally in fault.

Mr. Baron Ror.rs summed up, and told the jury
that the mere fact that the omnibus on which the
plaintiff was riding WAS driven at a furious rate along
the road, did not of itself prevent the plaintiff from
recovering, if there was neglect on the part of the
defendant; if they thought the injury resulted from
the misconduct of the defendant's driver, the plaintiff
was entitled to their verdict for reasonable compensa-
tion for that injury.
The jury found for the plaintiff, but to the sur-
prise of many at least gave damages only 501., the
doctor's bill being VV., and the plaintiff being a re-
spectable manufacturer, at Manchester.

M. Bliss tendered a bill of exceptions to his Lord-
ship's ruling.

SURREY SESSIONS.

(Before Tuos. PUCKLE, Esq., and a full Bench of
. _

Magistrates.)
James Hayes, 26, described in the calendar as a
bricklayer, was indicted for stealing a half-sovereign
and a half-crown, the property of the South-E astern
Railway Company.
Henry Francis Martyn, clerk to the South-Eastern
Railway C.mipany, stated that a little before ten
o'clock on the night of the 2d instant he was engaged
in taking money at the Greenwich terminus. The
Prisoner came there and paid for a third-class ticket.
Witness had previously placed a half-sovereign
and four half-crowns on a shelf near the counter,
and while he was stamping some tickets the pri-
soner c mtrived to steal the money mentioned in the
indictment. Another passenger informed him of the
circumstance, when he went after the prisoner and
demanded the money back. He denied taking it, but
on being searched the money was found on him, when
he offered to return it, and begged to be forgiven.
Charles Thornton stated that on the night in
question he was going to Greenwich, and while
standing at the pay-office he perceived the prisoner
put his hand over the counter and steal the money,
with which he proceeded towards the train which was
about to start. He went to the clerk and asked him
whether he had lost any money, when he examined
the shelves and missed a half-sovereign and a half-
crown. Witness immediately pointed out the pri •
soner as the thief, but he stoutly denied all know-
ledge of the robbery. A policeman was called, when
he acknowledged stealing the money, and wished to
be allowed to depart.

One of the railway constables stated that he appre-
hended the prisoner, and found a half-sovereign and
a half-crown in his waistcoat pocket. He pulled
him into the superintendent's office, when he ac-
knowledged stealing the money, and wanted to be
allowed to depart.
The CHAIRMAN briefly summed up the case, and
the jury, without the least hesitation, returned a ver-
dict of Guilty.
The COURT sentenced the prisoner to three months'
hard labour at Brixton, and to hP once whipped.

POLICE INTELLIGENCE.
CITY POLICE COMMITTEE.

T. Adams, of the Queen's Head, Cree Church-lane,
w•as summoned before Aldermen Copeland and Wil-
son, for serving on Sunday morning, contrary to
the statute.

Sergeant Teague stated that at 25 minutes past 11
en the day in question he went into the defendant's
house. Found two men smoking in front of the bar,
and five men in the tap-room smoking. There was a
pot on the table containing beer, and there was an-
other measure, which had recently contained gin, as
he smelt it. He took the beer to the bar, and asked
the landlord whether he had drawn it. He said he
had for a lodger.

Mr. Wire said some of the men were lodgers. One
was the landlord's brother, and his son, who had corn.
to dine with him. There was also the potman, and
three lodgers, and they were all that were inside.
Defendant's wife said the beer was served to the
potman, with some bread and cheese, he not having
had his breakfast.
The potman proved that fact.

Aldeiman WILSON alluded to the smoking.

Mr. Wire said that was no offence. He appre-
hended that to convict the defendant it must be
proved that liquor was served.
Alderman WILSON said they could not allow a
house to be opened for sale of liquor, even to relatives,
friends, or lodgers, and convicted the defendant in the
sum of ss. and costs.
CLERKENWELL.

Mr. Maley, landlord of the Albion Tavern,
Thornhill-road, Islington, was charged with assault-
ing Wm. Eyleg, a tailor.
It appeared that the complainant went with ano-
ther man to defendant's bar, and commenced a row
with some customers, when Mrs. Hockley mildly re-
buked them. The plaintiff then turned his wrath
upon her, and the defendant, having heard him
call her vile names, went to turn him out. He re-
sisted and began flourishing his stick, which Mr.
Hockley immediately wrested from him, and broke
over his back.

Mr. Wakeling elicited these facts in cross-examina-
tion, and hoped that the bench would agree with him,
that the complainant only got that which he richly
deserved, for a man who would so treat a woman
ought to be well licked.

kr. TYRWHITT was decidedly of the same opinion,
and dismissed the charge.

MARLBOKOUGH-STREET.
Richard Gosling, a butcher, was charged by the
Society for the Prevention of Cruelty to Animals,
with having stuck a knife wantonly into a dog.
Charles Clark was in Great Windmill-street on
Tuesday last, when he heard a terrific howl from a
dog. He turned round, and saw a dog run out of a
butcher's shop with a knife sticking in his back. The
defendant, who was the only person in the shop, ap•
peered sorry for what he had done.
The prisoner admitted he threw the knife at the
dog, but without any intention of hurting it
Mr. HAKDWICK said, had there been clear proof
that the injury was inflicted intentionally, he would
have committed him at once, without a fine.
The fine of 40s. and costs was inflicted and paid.
Charles Hughes and John Gibson were charged
with furious driving, and with knocking down, in the
Haymarket, a wine-merchant and his wife, named
Fannin.

Mr. Farnin said he, on Friday night, was crossing
the street by the Haymarket, when he was knelled
down by a chaise, in which were two men. Wit
neAs's wife was also knocked down.

Police-constable 110 A heard the cry of " Stop
them," and after learning what had happened, he got
into a cab, and pursued the defend Ants, who were
going at the rate of twelve miles an hour. He over-
took them in Regent. street.

The defendant Hughes said he was driving. He
was not aware he had knocked any one down, and the
rate he was driving did not exceed his usual p ice.
Mr. HARDwicx inflicted a fine of 3/ each, half of
which waM to be given to the complainant, for the
injuries he had sustained.

Mr. Farnin wished his moiety of the fine to he
placed in the poor-box.
The fines were paid.
Elizabeth Bunning, an Irishwoman, was charged
with stealing a sin,ll joint of co,.ked lamb from the
residence of Lord Foley, 26, Grosvenr ire.
From the evidence of the cook, and still room boy
(a strapping young man), it app'ared that the pri-
soner called to see the housekeeper. While the ser-
vaot's attention wa' oth,rwise engig,d, she cenitrivrd
to possess herself of the lamb, and was walking
with it under her s!ial,vl, when she was stopped and
questioned. She d hiving anything abou- her,
but on lifting the shawl, the lamb :v.is found.
In defence, the prisoner denied taking the Limb.
She was sent to the House of C wrecrion for a
month.-