The Sun.
London, England, 1845-08-25 00:00:00

TILE t)l4, LoN noN, MOND A Y EVENiN

gillan estate. Dr. Eaton of Darnaconner killed, on the
Darnaconner Moors, on the 12th, 19i brace, and a
snipe ; on the 13th, 12k, and a hare ; on the 15th, 13i
brace and 2 snipes ; and on the 16th, 14i brace of
grouse, and one brace of snipes. Dr. Eaton was home
each day at four o'clock. On the 12th, Mr. Aird of
Crossflat, and Mr. Samson of Kilmarnock killed 22 brace
each ; and Mr. Wilson, of Chelmsford, and other gen-
tlemen, had excellent sport in the vicinity of Muirkirk.
Throughout Ayrshire generally the shooting season
opened well.—Ayr Observer.
Yesterday se'nnight, grouse shooting commenced all
over the country, and since then, notwithstanding the
unfavourable weather' there has been an immense
slaughter of game. On the fells and other preserves in
the counties of Northumberland, Cumberland, and
Westmorland, grouse are pretty plentiful, the pouts
being fine strong birds, but the old ones, especially the
hens, are only small, and not so plump as they have
been • known in former years. The coveys are
tolerably numerous, numbers of them are already
packed together, and being wild and strong on
the wing on some moors, it was w;:,,11 difficulty that
they were come within range of; b,6 From the accounts
hitherto received from the m00;4.3, the sport was excel-
lent, especially on Wednesd4, which was a fine bright
day, and the packs of bitels were finind basking on the
aides of the hillocks. Yioin the late continued wet state
of the weather, tlut moors were very wet and heavy ;
yet, notwithstan!:;trig this, several of them made a long
day of the IP,th, but at night they were truly " weary
sportsmen." Grouse are selling at from 4s. 6d. to ss. 6d.
per brace,.._the supply keeps pace with the demand.—
Tyne fi Arcury.
C U,MB ERLAND.—The early dawn on Tuesday morning,
the. 12th instant, which was a fair one, but rather dark
sad lowering, was anxiously waited for by hundreds of
sportsmen on the fells and moors all Britain over, impa-
tient to be at work with their slaughtering guns amongst
the game. On the fells and other preserves in the coun-
ties of Cumberland and Westmoreland, grouse are pretty
plentiful, the pouts being fine strong birds, but the old
ones, especially the hens, are only small, and not so
plump as they have been known in former years. The
coveys are tolerably numerous, numbers of which are al-
ready packed together, and being wild and strong on
the wing on some moors, it was with difficulty that they
were come within range of ; but from the accounts hi-
therto received from the moors, thesport was excellent,es-
peeially on Wednesday, which was a tine bright day, and
the packs of birds were found basking on the sides of the
hillocks. On a preserve near Alston moor,Cumberland, Mr.
Timothy Featherstonhaugh, of the College, Kirkoswald,
High Sheriff of the county of Cumberland, bagged up-
wards of 20 brace before noon on Tuesday. Sir George
Musgrave, of Eden-hall, and other gentlemen were very
successful. Mr. Henry Howard, of Greystoke Castle.
and his brother-in-law, Lord Andover, bagged on Melt-
fells, 16 and 10 brace respectively. On Shap-fells, Birk-
beck-fells. and other preserves of the Earl of Lousdale,
the Hon. Colonel Lowther, M.P., and other gentlemen
now on a visit to his Lo-dship at Lowther Castle, made
out well. From the late continued wet state of the
weather, the moors were very wet and heavy; yet, not-
withstanding this, several of them made a long day of
the 12th, but at night they were indeed and of a truth,
" weary sportsmen." Grouse are selling at ss. and 6s.
per bv.wye, and the supply keeps pace with the demand.
The Marquis of Worcester and a few select friends.
commenced the sport of grouse shooting last week on
the Duke of Beaufort's moors, r ear Crickhowell.

DERBYSHIRE. —Tuesday week being the 12th of Au-
gust, grouse shooting commenced.. The Derbyshire
moors were crowded by eager sportsmen early in the
morning, although the weather was very unfavourable.
Nevertheless, the ardour manifested by the lover of the
trigger was, no way unabated. Owing to the recent
heavy rains the birds were unusually scarce, and the
majority of the young ones very small. The sport, how-
ever, was considered ,excellent ; and a great quantity of
birds have been bagged. The moors were exceedingly
wet and miry, and the grouse difficult to follow. Grouse
!ias been fetching very high prices) On the first day,
they were selling at 14s. a brace upon the moors. There
were not a few tyros who essayed in vain to bring to
bag a bird or two, rather than go home without " moor-
game." Some gave a sovereign a brace in order to pop
hit° their heretofore empty pouches. The present price
of grouse is from Bs. to 10s. per brace, according to the
size of the birds.—Dtacaster Gazette. .

ASSIZE INTELLIGENCE.
NORTI-LERN ClRCUlT.—Liverpool, Aug. 22.
(Before Mr. Justice GRESSWELL. )
DREACEI OF PROMISE OF MARRIAGE.—PASS V. POTTS.
This action was brought to recover damages for a breach of
promise of marriage. The defendant pleaded, first, that he did
not promise ; second, that reasonable time for the marriage
had -not elapsed before the commencement of the action; third,
that the plaintiff did not ask the defendant to marry; fourth,
that the defendant, at the time of making the promise, was not
twenty-one years of age; fifth, that the plaintiff procured the
defeudant to make the promise by means of fraud, covin, and
misrepresentations of the plaintiff and others who counselled
the plaintiff ; and sixth, that at the time the defendant made
the promise he was so excessively drunk that he was altogether
disabled from making any good and valid contract or promise.
The Attorney-General (Mr. Wortley) and Mr. Webster
were counsel for the plaintiff; and Mr. Watson and Mr. Hog-
gins for the defendant.
The ATTORNEY-GENERAL said, that although the terms of
the last plea were such as to excite some merriment, the matter
would turn out to be far more serious, and that the defendant
would be taught that it was not matter of joke. This
was an action for breach of promise of marriage. The
plaintiff was a young woman, of the age of twenty, who came
forward to complain of the wanton and unprincipled aban-
donment of a promise calculated at all times to injure the
feelings of any woman, and to injure, if not her character, at
least her prospects in life. He was happy to state that in this
case the character of the plaintiff was above suspicion. The
parties were both in a respectable station of life. The plaintiff,
Miss Pass, was the daughter of a respectable person, formerly
in trade as a butcher, at Sheffield, but now the owner of some
collieries and land at Pit's-moer, near that town. The plaintiff
was the eldest daughter and was twenty years of age. The
defendant was also a young person who had attained his ma-.
jority in the month of March in this year. He was the son of
a late lieutenant in the army. He was in the possession of
some property in the East Riding of York, on the sea coast.
In the year 1843, Mr. Pass and his daughter were at Hornsea,
where they lodge' at the house of a tenant of the defendant.
At that time the plaintiff was in her nineteenth year, and a
young person of considerable attractions. The plaintiff and
defendant walked out together. At the earnest solicitation
of Mrs. Pass, the plaintiff was allowed to remain a fortnight
longer, and the defendant went with her to HUH, when she
left for home. In the summer of 1t144, the defendant went
to Sheffield, and visited some ladies of the name of Oakes,
and whilst there he met with the plaintiff's brother, and he
expressed a wish to renew his acquaintance with the plaintiff.
He afterwards went to the house of the plaintiff's father, where
he paid considerable attention to the plaintiff, and eventually
promised to marry her when he was twenty-one. He attained
his majority on the 9th of March, and appointed the 3d April
for the wedding-day. The dresses were ordered. The de-
:cadent wanted to be married in a week. Walked out with
her amongst her friends and introduced himself as her future
husband, and he asked her uncle to go with the party to church
and give the bride away. He then said he would go to see
his guardian, and left under the promise to return in a week.
He never came back or wrote any explanation of his conduct,
but after an absence of some weeks he went to the house of
Mrs. Granger, at Sherborne, near York, and when asked to
explain his conduct, he either did not or could not do so, but
merely said he was much attached to Miss Pass. Mrs. Pass
asked him what was the reason for treating her daughter in
such a way. He wished to see Miss Pass, but she then refused
to see him, and he had the effrontery to tell Mrs. Pass that he
positively denied making any promise at all.
The mother of the plaintiff and other witnesses were called,
who proved the courtship, the promises of the defendant, and
the preparations for the wedding.
Mr. WATSON addressed the jury for the defence. He con-
tended that, although the Attorney-General had opened the
case as one of great gravity, it was quite clear that no such gra-
vity belonged to it. He ridiculed the idea of there having been
any promise made, and appealed to the jury whether, even if
there had been a promise at all, it was well that it had not been
effected, for it would have been a hasty, ill-conditioned match,
made by a mere lad, raw from school. He blamed the father
of the plaintiff for not having consulted the defendant's guar-
dian upon the subject, and he thought that very slight daMages
would be sufficient to meet the justice of the case.
His LORDSHIP, in summing up, went through the pleas, re-
marking that the defendant had better not have charged the
plaintiff with having extorted the promise by fraud or covin.
And then came that most singular plea of drunkenness—a plea
which, if true, was not calculated to exalt the character of the
defendant, and the feelings of a lady who wished to marry a
confirmed drunkard could not be very refined. But it hap-
pened that the defendant had not made out his plea. It would
he for the jury to decide what damage ought to be awarded. I
No doubt both plaintiff and defendant were very young; but
there was no proof that the defendant was a fool and did not ,
knnw what he was about.

Verdict for the plaintiff—Damages 2001.
(Before Mr. Baron Rot.rit.)
CHARGE Or MURDER.-- George Hill, aged 26, master
mariner, was charged with the wilful murder of Ben Jonson, on
the high seas, within the jurisdiction of England, on the 2d o f
May last, by striking, kicking, and throwing him down upon
the deck of a certain vessel, and also by beating him with a rope
and a paddle. The prisoner pleaded not guilty.
Mr. Brandt and Mr. Paget appeared for the prosecution,
and Messrs. Wilkins and James for the prisoner.
William Angus, the first witness, said—l was cooper and
seaman on beard the brig Challenge, on a voyage to the coast
of Africa from Liverpool. I joined her on the coast, and came
home in her. The prisoner was the captain. On Wednesday,
the 11th of February, we shipped a seaman, named Ben
Jonson, a kroo-man. He was about twenty-eight or thirty
years of age. On the night of the Ist of May, I was in the
captain's watch from twelve to four o'clock. There were also
in the watch Henry Holmes, the second mate, Wm. Lyons,
an apprentice, and the deceased. About half -past two o'clock
the deceased was siting on the combings of the companion,
• just at the top of the companion ladder. He appeared to be
asleep. I was sitting alongside of the grating, on the star-
board side, where the man at the wheel stands. I saw
the deceased fall down stairs. Cannot say what height they
are. I heard him strike twice in falling. Then the captain
called out from the cabin, •'What is that noise?" The second
mate then went down stairs, and he called' to me to come and
pull Ben Jonson up out of that. I did not go, for when I got to
the companion, I found Jonson about half way up the ladder,
coming up by himself. I laid hold of him by the collar of the
jacket, and asked him why he had fallen down there. He
rested himself, with his arm upon the top of the companion,
aril said I have been too much sleepy.
By the jury—He got up himself.
By Mr. PAGET—Though I got bold of his collar, I did rot
give him arty assistance. When he rested on the companion
he stood upon the deck. I told him to go and lie down along-
side of the grating on the larboard side; he did so. William
Lyon was at the wheel at the time. The second mate came
on the deck immediately after, followed by the prisoner.
was standing on the larboard side at the time. The captain
said, where is that fellow now ? I showed him, and the
prisoner then went and got a rope which is kept on board for
the purpose of flogging with. He then gave Ben a slap with
the rope. The deceased wheeled himself right round and
tried to get forward. The captain caught him by the
back of the jacket and pulled him down on the deck,
and commenced beating him with the rope and
kicking him with his feet at the same time. This
continued for the space of ten minutes or a quarter of an hour.
I could see what was going on. The moon was not out, but it
was not very dark, and there was a light in the binnacle. See-
ing the punishment going on, I went away to the starboard side
of the quarter-deck, for I could not stand alongside any longer.
Heard the prisoner say, " that rope, it is too light to
make him rise,". and he reached his hand over the grating and
got a canoe paddle, with which he commenced beating the de-

ceased. The paddle was broken. (The pieces were produced
with marks of blood on them.) The prisoner heat him on
every part, wherever be could get a blow at him, for three or
four minutes. I sat down just abaft the mainmast. The cap-
tam then told me to haul the deceased out of the round-house
on the main-deck, and to fetch a bucket of water, which I did.
I then poured the water on the head of the deceased, by the
orders of the captain. The deceased was lying with his face
downwards, and blood was flowing from his head or mouth. I
heard a gurgling noise in his throat. When the captain gave
the deceased the first blow with the rope, he gave a groan, but
never spoke afterwards. After the beating, and whilst the
deceased was lying on the quarter-deck, he made a snoring
noise as if there was something in his nostrils, when the captain
said, "If you lie there snoring; give you some more of it."
I afterwards removed the deceased to abaft the galley by order of
the captain. I was relieved from deck at four o'clock, and
came on again about ten minutes past eight. The deceased
was then lying at the windlass. I went to the wheel and con-
tinued there until twelve o'clock. At that time Ben was dead.
Shortly after eight o'clock the captain and the chief mate
( Ritson) came on deck, when the captain asked the latter if
he heard the noise in the night. The mate said he did, and
then the captain asked how Ben felt after his beating. The
mate replied that he supposed Ben was dead by that time, and
the captain and Ritson went forward. About a quarter-past
twelve the deceased was put overboard.
Cross-examined by Mr. WILKINS—The deceased made a
tremendous noise in falling. I mid hold of the collar of the
deceased's jacket and pulled him up. Part of the paddle was
thrown overboard by the captain, but I did not see him do it.
Have not heard the captain complain over and over again
about the paddle being broken. Had ne doubt the deceased
was dying at the time the captain was beating him. Upon my
oath I saw Lyon. bring a lamp on deck, but cannot say whether.
it was Holmes or Lyon who took it to where the deceased
was lying. When I moved the deceased farther forward
1 dragged him by his legs. The crew consisted of nine
persons. About seven weeks before we reached Liverpool a
man stabbed the captain, and he was kept in irons until we got
into port,
Re-examined—In pulling up, the deceased gave him little or
no assistance. Meant by saying I had no doubt the deceased
was dying, that I did think he was dying. Have never seen so
thick a rope used in-flogging before. Had seen the carpenter,
who stabbed the captain, repeatedly flogged previously. I was
never flogged by the captain.
By the Foreman of lithe Jury—The captain had flogged the
deceased the night before, to which he made no resistance.
The crew also were frequently flogged by the captain without
resistance. Cannot say whether the deceased fell down head
or feet foremost.
Henry Hohnes, exateined by Mr. BAANDT—Was second
mate on board the brig Challenge. Recollects the deceased
Ben Johnson being taken on board. When the deceased
reached the top of the stairs on the night in question, he
rested on the top of the companion for a few moments, and
then laid down on the deck. Shortly afterwards the captain
came up, took up a rope, and commenced flogging the de-
ceased. At intervals the deceased screamed out. The captain
beat him for about ten minutes, and then seemed to be tired,
and said the rope was too light. He then took hold of a
paddle, and beat the deceased with it. He struck him re-
peatedly about the. head-and shoulders. The deceased was in a
stooping position, and ran against me with his head. The
prisoner got hold of the deceased, dragged him back, and again
commenced beating him. The deceased left a mark of blood
on my trousers, where he had run against me. Lyons was then
at the wheel, but he was sent down into the cabin by the cap-
tain to fetch the lamp. He remained some time below, when
the captain told him to hurry up; or We would warm him also.
When thelatnp was hi-aught up.l examined the deeeased. The
head and face wire covered with blood, and there was a large
quantity of blood on the deck. The note was cut through, and
also the lip, and there was a wound like a stab on the throat,
under the jaw. His hair was clotted with blood. The captain
saw him at the time. He then called to Angus to take him
away, and throw some water on him, which lie did, and also
wished the thick blood off the deck. Saw the deceased a little
after eight o'clock lying abreast of the galley. He appeared
only to be just alive. They went to the fore-top, and from
thence saw the cook and.captain give the deceased something
out -of a cup with a sphon.
Cross-examined—The deceased had been in the habit of
falling asleep whilst on watch. The deceased was going up
stairs slowly because he had his trousers hanging about his
heels. Some of the crew were the best behaved in the world,
and cannot assign any reason for the captain flogging them.
Williams Lyons,. apprentice, on board the brig Challenge,
'corroborated the-evidepce of theawn last witnesses,. except that
he did not see the paddle used. - He added that the deceased
died about eleven, o'clock, previous to which he gave him a
little water four times, and the captain administered some
spirits of hartshorn, mixed with water.
By the Junta a— When the deceased came up out of the cabin
there was no blood or cuts about his face that I saw. Did not
ask whether he had hurt himself. He did not say anything.
Saw some spots of blood on the top steps of the companion
stairs.
William Ritson examined—l was chief mate on board the
Challenge. Heard 'the noise on the night in question, but
did not come on deck until four o'clock. Shortly after, in
consequence of what Hughes said to me, went and found the
deceased lying between the main hatch and the galley, on the
larboard side. I looked at him, but could not see what was
the matter, as it was not daylight. Spoke to him, but received
no answer. When it became daylight, about half-
past five, went x 4 - himiagain. Found his face cut. He
was lying amangst -a- great deal of blood. ----His nose
was: cut in: two, said - the wound extended into his
cheek. One ' part- of the nose was about half
an inch from the other,- The upper lip was cut, and there were
two cuts in the throat—brie, a kind of stab, about half an inch
long, appeared to have been done with a rough instrument of
some sort. It might have been inflicted with the sharp end of
a paddle. Removed the deceased to a dry part of the deck,
and turned him on his side, when a great quantity of blood
came out of his left ear. He eould not speak then. Saw him
again a little after. 8 (AIDA. The captain then came on deck,
and asked me how Ben was after his rope's-ending. I told
him I did notArnove ; -he was' lying on the forecastle. He went
and looked- at'hiin, and 'then came back, and said Ben's nose
was cut or broken-in two. We both went forward to look at
him, and the prisoner sent me for some Fryer's balsam to apply
to his nose, which I fetched. I then went to bed. About
half-past 11 the captain came and told me Ben was dead.
Saw him at. II , o'clnek. - :The captaitr then said We
must -bury -Ben.'. 'said we hull :letter exarniqe him first... I
then examined him. The prisoner was present. I said I thought
the bone at the back of. hip neck was a good deal higher than
my own, but I did not know whether I was built the same way
as black fellows-or not. The prisoner felt the bone. I said
Ben had broken his neck. Then the prisoner called Phillips,
the cook, and the cooper to examine the neck. Phillips said
his neck was not broken, and the bone was no bigger than his
own. The prisoner said the reason why he wished the bone
examined was because some of the people might call him up
for it in Liverpool; and say he had killed Ben. He was thrown
overboard abeut-one-o'Plock: Made an entry in the log-
book from a copy-given le me on a slate by the captain. Wrote
down a statement on the slate, and had copied the first three
lines in the log, when the captain came to use, took the slate
from me, and rubbed off my statement, and wrote another of
his own on the slate, which he told me to copy into the lug-book.
Cross-examined—The captain never threatened to disrate
me, and,has .nens4 *Lorp:::,:-We,were,-in 32 deg.-33 min:'N.
-latitude otsl.C.nOt iee the.. blood when-4-64.5t -
came on deck, There:.was-as mach-blood as covered one side
of the deck fore anct aft.- ThereeWas as much clotted blood as
would fill both hands three times over, besides what others bad
thrown overboard.

IThe entry in the log was then read. It attributed the cause
of the deceased's death to having fallen down the cabin stairs and
broken his neck, and stated that the bone had protruded.]
Mr. Francis Archer, surgeon, stated that in his opinion the
injuries described were sufficient to cause death. Had the
deceased injurecl_thespiwaor :dislocated the neck, the body
below the partlvpuld have been paralysed, so that he could not
have walked up stairs. The brain might have been injured so
as to produce death in-- a few hours, and
.yet he might have
walked on deck. Had the
_brain been injured by the fall the
treatment he afterwards received would have accelerated his
death.

Mr. Witxtsis_addressed the jury on behalf of the prisoner.
Fits LORDsHIP summed up, observing that the inquiry was
a very importaut one, both as regarded the prisoner and the
public. The jurLwotild have to say whether they believed the
statements of the severil witnesses, and, if so, whether the act
of the prisoner amounted to murder or manslaughter. After
pointing out the legal distinction between the two offences, his
Lordship proceeded to analyse the evidence. He remarked ou
several discrepancies in the testimoney of the several witnesses,
and several circumstances in the details of their conduct whitih
it seemed difficult to account for. He observed, in the entry in
the log the first three lines were said to have been written
without any interference of the captain, and which was totally
different from the statement now made by the witnesses Angus,
Lyon,- and Holmes, from Whose relation the mate must have
originally compiled it. It was difficult also to account for the
entry by the mate of whst he now said was a false statement in
the log, or to suggest a motive of sufficient weight to induce
him to do so. His Lordship, after going minutely through the
evidence, pointing out-the various bearings for and against the
prisoner, left the case in the hands of the jury, who, after a
consultation of nearly two hours, brought in a verdict of Guilty
of Manslaughter.
The prisoner, on being called on by the Clerk of the Crown
in the usual way, said—lt appears to me that anything I can
now say 'will have very little avail, but I will say this much,
that so far Pohl being guilty relative to the crime of which I
am charged, I am as innocent as any person now present.
His LORDSHIP, in passing sentence on the prisoner, said that
the jury, after a most careful examination of the case, had come
to the- conclusion that he was guilty of the offence of man-
slaughter,. and, though they were of opinion he did not in-
tend to takeawaythe life of the unfortunate man, it was im-
possible to look upon the case as other than one of the worst
that ever came before a (!ourt. It had been said that the whole
of the evidence adduced was the result of a conspiracy, and he
(the prisoner) had declared he was entirely innocent. The
truth of that asseveration was known to God and his own con-
science, but if it
-were so, there had that day been exhibited a
scene of wickedness unparalleled in a court of justice. His
Lordship then proceeded to pass on the prisoner the sentence
of transportation for life.

- - August 23.
CHARGE or MURDER.—Patrick O'Brien was indicted for
.he murder of Miehael.Duffy, at Warrington, in the month of
June last.
Mr. James and Mr. J. Pollock conducted the prosecution ;
the prisoner was not defended by counsel.
It appeared that the deceased was a chair-mender, living at
Warrington. On the Bth of June last; being Sunday, he was
at a public-house there, called the White Bull, where he met
a party of his acquainranees, consisting of a Mrs. Connor,
Joseph Williams, Mrs. Williams (his wife), Mary Flannagan,
Jerry Dagnall, and James Maloney, all of whom were wit-
nesses on the present occasion. They had a good deal of ale
together, but were not, it would appear, at all intoxicated.
Patrick O'Brien, with another man, was sitting at the other
side of the room ; but, so far as appeared, had no quarrel with
any of the party accompanying the deceased. They left the
public-house about half-past eleven o'clock, and went to the
house of Mrs. Connor, where several of the party lived.
Patrick O'Brien left at the same time, and was heard by
Williams to say he would have a revenge of some one before
he slept. A little after he was at the door of a person called
rs. Gill,_and was endeavouring to bargain with her for lodg-
ing for the night, but was refused. Ho was then seen by one
Bryan Duffy; a relative of the deceased, who was passing along
the street. He carne up to Duffy, and putting his hand on
his shoulder, said, Is that -you ?" Daffy said it was, and
O'Brien, after looking earnestly at hint, went away in the
direction of Mrs. --Conunr'S. He 7 had then a brick or stone in
his hand. . _
It appeared from the 'statement of several of the party who
had gene to Mrs. Connor's, that shortly after they had entered
the house it was agreed to send for some more ale, and the male
portion of the party-wentaway- to fetch half-a-gallon. While
they were absent Patrick O'Brien came into the house, and
asked for a light for his pipe. It was given to him, and he then
asked if he could beg a.pipe. Mrs. Connor said she neither
sold nor lent pipes, and bade him go about his business. He
said, "I am not c,rue as a spy,-Mrs. Connor," and went away.
When the ale was brought they sat down to drink it, and some
time after Williams and the deceased, Michael Duffy, went out
into the street-. Williams was standing close to the door and
the deceased was four or five yards off him, when the same
Patrick O'Brien, whom they had seen at the public-heuse came
up with a brick or stone in his hand, and coming within a
couple of yards of the decegeek-hit hiitt•'witti' it on the fore.
head and felted him to•thetrAtd. 'He then ran away. Duffy
was aisistedoifito;thelleuip;riocrit *ias faind 'that he had re-
ceived a severe cut on the temple, which was bleeding freely.

He was able to be about, and engaged in bis usual cceu Tali( r.
for about a week, though complaining of much pain, but he
then got worse, and finally died. On a post mortem examina-
tion, it was found that there was a fracture of the skull and an
effusion of blood on the brain, which had caused his death.

The Patrick O'Brien of whom the witTie;:es spoke had been
employed at some chemical works near Warrington, and had
been pre% iously known by sight to nearly all the winesses,
though none of them had been on intimate terms with him.
One, who lived in the Angel-yard, at Warrington, had seen
him very frequently some months before this occurrence, as he
was in the habit frequently of calling at a houae in the same
yard. They all, however, seemed now to be doubtful of his
identity, and the prisoner deglared.he was not Patrick O'Brien,
but that his name was Lea, and that at the time of this occur-
rence be was in Ireland. They said that they thought the
prisoner was the man, but they could not be certain, as his
appearance was in many respects different. The person who
committed the assault on the deceased had large sandy
whiskers, and his hair, they thought, was thicker in the front,
while the person now at the bar had his whiskers close shaved,
and his hair was thin on the forehead, apparently from natural
baldness. The prisoner had been apprehended and lodged in
Cavan gaol, in consequence of an advertisement and descrip-
tion in the Hue and Cry. Bryan Duffy, one of the witnesses,
was sent for, and on the prisoner being placed before him, in
company with several others, selected him as the individual
whom he had seen in the streets of Warrington on the night
in question.
The prix ner was finally acquitted.
CHARGE OF MURDER ON THE HIGH SEAS.—Michael
Moore was indicted for the wilful murder of John Campbell
on the high seas.
Mr. Blair and Mr. Drinkwater conducted the prosecution ;
Mr. Atkinson was assigned as counsel for the defence.
The deceased, John Campbell, was, it appeared, boatswain
of a ship called the Mountaineer, which on the 29th of March
last sailed from New Orleans, on her voyage to the port of
Liverpool. The prisoner shipped at New Orleans as an able
seaman. On the 14th of April the vessel was getting clear of
the Gulph of Florida. The mate's watch had been set to work
about 1 o'clock of the afternoon of that day. It consisted of
11 men, including the prisoner and the deceased. About
2 o'clock the mate, the deceased, and another sailor were
engaged on the forecastle, getting the anchor on the rail.
The mate was standing on the rail, and the deceased
was about a yard behind him. The prisoner was near
the windlass. Mr. Barrow, the mate, heard the de-
ceased cry out, " Look nut, Mr. Barrow." He half turned
round and looked up aloft, where some of the watch were
employed, when he received a push on the back, he did not
at the moment see from whom, which threw him over the
rail, but falling across the flying jib guy, he succeeded in
recovering himself. On looking round, he saw the prisoner
running past the windlass end towards the starboard side of the
ship. He followed arid seized him. He was not at that time
aware the boatswain had been injured; but on returning
towards the forecastle he found him being assisted by two men
aft, and on examination it appeared he had received a stab in
the belly in the region of the stomach, from which blood and
froth were oozing. Near the spot where the deceased had
been working was found a knife which belonged to the pri-
soner. It was a clasp knife, with a blade about four inches
long, which was covered with blood. The prisoner on being
asked in the presence of the deceased what could have induced
him to do such an act, said he was quite satisfied with what he
had done, and wished he had done it before. The deceased
said he felt he was dying, and begged them not to hurt the
prisoner, saying, " I forgive him, and I hope God will." He
died about seven in the evening.
It appeared from the further examination of the several
witnesses, that the prisoner had had no quarrel either
with the deceased, the mate, or any of the crew. He
was a good seaman, and had done his duty well. A day
or two after he left New Orleans he was in conversa-
tion with the mate, and said he was very sorry he ever
came on board the ship. The mate asked him why, and he
said the crew were in a plot to throw him overboard. The
mate asked him which of the crew, and he said he did not
know. The mate endeavoured to eradicate this idea from his
mind, but he several times repeated the same expressions both
to him and other members of the crew. The day before this
occurrence he saw the deceased and another sailor reading the
Bible, and he said they were swearing the crew to throw him
overboard. It appeared from the testimony of the surgeon of
the gaol under whose care the prisoner had been after he was
committed for trial on the arrival of the vessel in Liverpool,
that the prisoner complained of pain. in his head, and seemed
incoherent in his conversation. He xald..he had had the yellow
fever at New Orleans. From what die medical man observed
in ssveral long conversations with him he thought the prisoner
was suffering under sub-acute inflammation of the brain, and
prescribed for him accordingly. While he was under medical
treatment he seemed reserved, and rather avoided the notice
of the surgeons, but appeared anxious to be discharged from
the hospital. He seemed much better in consequence of the
medical treatment.—Acquitted, on the ground of insanity.

)f • t
a a 11-4
*4.1." MV 4 1/44' -4' 4

THE FUNDS-(CLOSING PRICES,

ONE CLOSINU
PRICES OF BRITISH FUNDS. O'CLOCK. PRICES.
Bank Stock
3 per Cent. Reduced
3 per Cent. Consels Annuities 991 99 59%
New 3% per Cents ...102N', 102%
Long Annuities toexnireJan.lB6o 11' 7=16 11 7-16
India Bonds, 1,0001
Ditto under 1,0001...
Bank Stock for Account 211 211
Consols for Account ....... 99% 99
Exchequer Bills, 1,0004 1%d.... 51 49 51 pm. 51
Ditto 5001.
Ditto Small

CLOSING
PRICES
5014
18,p
35.,d191
6414

. ONE.
PRICES OF FOREIGN FUNDS. ~crcLocK.
Buenos Ayres Bonds 6 per Cent. 501,4
Columbian Bonds, ex Venezuela. 18IA%
Mexican, 5 per Cent. 1837 35%
Ditto, Deferred • 19
2714
000000 .•.•
SP
popar
ntiuti
tsgotui, e5As epeecßrooucnnedtnst,
.4 perlB4o . Cen.
:.,.
~,,,r,..a.„:441/2. _
1/41
Ditto, Passive 6%3% 63/4'
Ditto 3 per Cent.... ~.... .. -
Ditto, Account 3Bl : % 38
Dutch, 2% per Cent
Equador
Ditto, 4 per Cent. Certific lOOl/4% 100%
PRICES OF
PAID. BUSINESS DONE CLOSING
RAILWAY SHARES AT ONE U'CLoCa.. PRICES
Birrnin and Gloucester. 100 133
Do. New
"' 92 ...... • 32%
Bristol and Exeter 7O - ' 92
Ditto New .... 2 ...... • 10% 11
Caledonian
Ditto Extension
... 27
L'it•it bridge - and Lincoln 1% ...... 33,8 4. WI
Chester and_Holyhead •l5 ...... 21%% 2ll/4
Cornwall
Direct Northern
Dublin and Galway... - 21,.: .. :.. 2%,3 4
Eastern Counties 141. 165....., 20 193/4 20%... 20%
Ditto New 41. 165........ • 63/4 6% p
Ditto Perpetual, 5 per
Cent, No. 1. ...51.135. 4d- ...... , .. -
Ditto ditto, No. 2. l3s. 4d... ' ...
EastDereh'in andNor'cli I
,:•,atern Union
Ditto Extension -
Edinburgh and Glasgow 50
Ditto New I/4 Shares... 5 I,i ...... 141
Enniskillen and Sligo ..• 2%
...... —74 „„
Exeter, Yeovil, & Dorset 23/4 ... 9
Groat South. and West
(Ireland)
Ditto Extension
Grrit North of Eugland..loe 9_22
... r,it Western BO
Ditto half Shares 5O
Ditto Fifths
•:iuildford, Fare'm, Ports 2!i',...... _
Hull and Selby 5O
..... 107
Ditto, Quarter 5hare.5.162116.22t511:.3"..
7_211A 22 ......
L aliatstcr and Carlisle... 25 ..... , 6
174 p
..1t75 2225%22-7 ... 227
10%
Londonr. Leicester(,it.lt
0 Nn aa andniwßd t
Bi i
"Ban
nee Bedford...
n!'w.)gar dlr..
1%2... .. 434
0,,,10n arid Brighton... 50 ..... 773/41/4 77%
London and Croydon, 131. 155.. ',ld: -.26 :25%, 2614. • 26
Do. New l3s 4d
.. ..'. . 1%-3/4 l3/4 p
Load. & S.Western 411 6s 10(1 .... : . 78"
iio. I: ew
Londoa and York 2% ...... 6 53/4 7 6%
London, Salisbury, and
Yeovil
Lynn and El 2 %...... 2%3/4
y
7%
.... 4% -
4
Lynn and Dereham l% ....
Mancriester and Leeds 76 .....
Manchester and Birmm. 40 ....... 65 64%
Do. Quarters 4
......
Do. New Quarters ... 2
......
Manchester,Buxton, and
Matlock 22s.
Midland... 100
Do. New
IVlidland, Birm., Derby...loo ......133
Midland Great Western
( Irish)
Newcastle and Darling- • . ,
ton Junction 25 ...... 53
Do. New Brandling... 10
Neweas3le and Berwick 1% 24%3/424 .....
Shrews.,
.Nh ooveeLrwNea:aw, clp,iiastecc.Bs.yha, 8
,t
British
taiehlNtn,
PortsmouthvnAii
Lancashire
oehDboitjunevi
rrurre.
ghae.nr
.c.anahcovmdta
ie.om..o,ina..pn.
..7 .
..y.. .
~:
:224511:
izi...
..
3,
(3
274 .. . ... . .
Newark and SLeffield .. 1% 3%34
Shrewsburyspics,,Z -thruxooregrrefsottbit vhhroysden,bsr naluatvnan doffad rno:wvrdatdriys:dhstr eeierset e
r Ea5tern...,..242255%. ... . . . 7....
.54
47%2 p •••
_
Do., New . ......... 1
6
40%
Etichmonti ................ .. 1
TTrrienngt 501
6%
2%74 •
Dudley, and Birm ...... 21,4,. •••• '-'
rY, Hereford, 225.
2%
S o atilt' 11 IN.) e( 7- (tilili :W. ..a. ................. 20234 ..... . 33-313/
South Mid1and..........,. 225.
83,uth Eastern & Dover 33/ 2s 4d... 463414
Do., No. 2. ............ 7
Do., No. 3 of
•• • ••
Staines and Richnion33 .. I,e 2%. 2
South Wales ......
... 2% 554 VI
Trent Valley andHoly_head.Junction ......... 1% 2%
Welch Midland ......... 21,2. . . ... 3% ••• ......... •• •
Yarmouth and Norwich. 20 ...... 30301,
York and North Midland 50 1091•./.
Ditto % Shares.,.,,, 25
Ditto Scarboro' Branch. 25
Do Selby ............... 20
Do. Extension ....... IEA 243/44 25
FOREIGN RAILWAYS,
Boulogne and A miens... 6 •
Bordeaux, Toulouse, and
Cette ...... ••• ..... 2 .. ... 2 ••Dendre Valley„
.....
.. 2
Dutch Rhenish.,,,
...
..
. . 3
F
East Indian ... ... . . ~.ranc. 5,_
Great North. of e
(Laffitte's) .. ......... 4
Do., do. (Rosamel's) 2
Great Paris and Lyons • 2
Louvain and Jemeppe...• 4 ... . 4'B
L uxembourgh ............
Na3ilur and .3 Liege ...... 4
' • 6%
Orleans and Vierzon
... 17.14
. ,
Orleans and Bordeaux... 4 ...... 12!,f, . _ . . 12i
.Over Yssel ........... : ... 418 s 4(1 • - I P
•Paris SE:Lyons, Laffitte's ,
Paris &Lyons, (Calon's) 2 ...... 21 ,..„
un 214
Pins And Rouen ~..~... 20

...
5/g p
f I/./2

..... 1

27/g
90

414

1134
- , „
...... 217 218 215 . .
......117 118
...... --

71/P
175
271%
133

36
24%

274
33A
21/2
32

4%
23
6
7%
6

2%
43/
31%
8%
46tA,
16

2%
3%
30%
109%

034
614
3
21/8

fit......

[ADVERTISEAIENT.] DEFECTIVE SIGHT AND
HEARING RELIEVED.—SPECTACLES AND INSTRUMENTS SENT
FREE, DV POST, INTO THE COUNTRY.—Testimonials—From
the Hon. George Cavendish, to Messrs. S. and B. }Solomons-
39, Albemarle street, Piccadilly, opposite the York Hotel.
Gentlemen—l approve very much of the spectacles I purchased
from you ; .1 have made use of glasses for many years, and
never met ssith any to enable Inc to see equal to yours, and with
less inconvenience to my eyes; 1 have sent you a frame, and
please to put in a pair of yours, exactly the same as the former,
and you will oblige, yours obediently, George Cavendish,
Leixlip Castle, Ireland. Major-General Sir Howard Elphin-
stone begs to say, that the Spectacles he has now had some'
time in use, have fully redeemed the assurance of the Messrs.
S. and B. Solomons as to their excellence, and having found
so much comfort and advantage from their use, far preferable
to every other kind of glasses which he has been in the con.
stant habit of making use of for a great number of years.
13, Norfolk-street, Park-lane. General Browne Clayton feels
desirous to express the comfort and advantage he has derived at
his advanced age of 70 years, and after two years' trial,
from the use of Messrs. S. and B. Solomons' newly invented
spectacles. Their valuable invention fully merit the patronage
they have received. Address, Adlington Hall, tancstrire.—
Improved Achromatic Telescopes, Opera Glasses, -Micro-
scopes, &c.--,-Caution—Not in any way connected with a person
of' the same name in their immediate neighbourhood. To pie-
vent mistakes be cautious, and observe—Only to be had at 39,
Albemarle-street, Piccadilly, opposite the York Hotel.

TO MR. PRO-UT, 229, STRAND, LONDON.
- Doncaster, September 26th, 1844.
•
Sia,—The following particulars have been handed to us with a
request that they might be forwarded to you, with permission for
their publicly ion, if you should deem them worthy of such.
J. BROOKE and Co., Doncaster.
" Elizabeth Brearley, residing in Duke.strect, Doncaster, aged
between forty and fifty, was severely afflicted with Rheumatism, and
confined to her bed for a period of nearly two months, with scarcely
the power to lift her arm ; she was signally benefited after taking
two doses of BLAIR'S GOUT and RHEUMATIC PILLS, and after
finishing two boxes was quite recovered.'
The above recent testnionial is a thither proof of the great efficacy
of this valuable medicine, which is the most effective remedy for
Gout, Rheumatism, Sciatica, Lumbago, Tic Dolorous, Pains in the
Head and Face, often mistaken for tooth-ache, and for all Gouty and
Rheumatic Tendencies.
It is also gratifying to have permission to refer to the following
gentlemen, selected from a thifititude of others, whose station in
society has contributed to advance this popular medicine in public
esteem R. Mandell, Esq., Coroner, Doncaster ; the Rev. Dr.
Blomberg ; the Chevalier de la Garde ; Mr. 3liskin, brewer and
maltster, Dartford ; Mr. Richard Stone, Luton ; John J. Giles, Esq.,
Friinley ; Mr. Inwood, Perbright ; William Courtenay, Esq.,
Bartem Stacey, near Andover Railway Station, Hants. ; all of whom
have received benefit by taking this medicine, and have allowed the
proprietor the privil:ge of publishing the same for the benefit of the
afflicted.
Sold by Thomas ?rout, .229, Strand, London ; and by his appoint-
ment by, all resnietabla Medicine Vendors hroughout the United
kiilngdont. Price 2s: 9d. per box. •
•ieyAslf•for MLA neg. qopir AIotten,HEUM.iTIC PlLlE:•S;•ittidOliServe
the name and address of " Thomas Prout, 229, Strand, Londoon,"
impressed upon the Gereiraanent Stamp affixed to mil box of the
Genuine Medicine.