The Sun.
London, England, 1845-04-11 00:00:00

Oltening .g'mt

LONDON, FRIDAY, APRIL 11, 1845.

The House of Commons met at Four.

Mr. HUTT presented a petition from the Legislative
Council of New South Wales, praying that the colony
might be placed upon the same footing as Canada, with
regard to the importation of corn into this country, and
that the same protection might be extended to colonial
wool that was enjoyed by British.
Mr. HUME gave notice, for Thursday week, of a mo-
tion on the subject of the recal of Lord ELLENDOROUGH.
In answer to Sir C. NAPIER,
Sir R. PEEL, said that there had been no change in
Members of the Government in consequence of the divi
sion on the Maynooth question, and that he considered
it a Government, and not an open question, and would
do everything in his power to promote its success.
Mr. WARD stated that understanding the motion of
which he had given notice was intended to be made a
rallying point of those who were opposed to the addi-
tional grant to Maynooth, he should not bring it for-
ward to-morrow, but postpone it to some other period, in
order to get an intelligent expression of the opinion of
the House upon it.
Mr. CHRISTIE then rose to make the motion of
which he had given notice—" That an humble address
be presented to her MAJESTY, praying that she will be
graciously pleased to appoint a Commission, to inquire
into and report upon all matters relating to the privi-
leges, revenues, trusts, and to the state of education,
learning, and religion, in the Universities of Oxford and
Cambridge, and the colleges of those Universities." The
Hon. Gentleman supported his motion in a speech, de-
monstrating the short-comings of the English Univer-
sities in the promotion of literature, science, and phi-
losophy.

Mr. EWART supported the motion.
Mr. A. HOPE opposed it, and made sundry allusions
to Punch in the course of his speech.
Mr. HUME considered that the arguments of his Hon.
Friend who had introduced this motion had not been
answered on the other side. Certainly not by the
Hon. Gentleman who had just sat down, who might
consider himself lucky if during the next fortnight he
should escape appearing in the columns of Punch.
The CHANCELLOR of the EXCHEQUER opposed the
motion as uncalled for.

Lord PALMERSTON spoke in support of the notion.

After which the Howse divided, and the proposition
of Mr. CURTEIS was negatived by a majority of 61.
Several returns moved fir by Mr. HUME were agreed
to, and the House adjourned at Twelve o'clock.

The division last night on the motion of Mr. CHRIS -
TIE, shows what the Dissenters may expect from the
party who divided the House on the Maynooth grant,
who rule supreme in our Universities, and who deprive
Catholics, Dissenters, and Presbyterians of their un-
doubted right to a share of the means furnished by the
Legislature, the Crown, and the very Roman Catholics
themselves, for the purposes of general education. The
opposition was led by Sir ROBERT H. INGLIS, and the
rear was closed by Mr. GOULBURN, the most unflinch-
ing advocate of High Church exclusiveness. The selfish
bigotry of these men could not be placed in a stronger
light, and fortunately it could not be exhibited at a
moment more favourable for the demands of justice and
fair play. Mr. CHRISTIE did not move for the ad-
mission of Dissenters— all he wanted was a Com-
mittee of inquiry to ascertain the privileges, re-
venues, trusts, the state of education, learning,
and religion of the two Universities of Oxford
and Cambridge ; but this simple and humble request
was opposed by the Puseyite representative of Oxford,
and rejected by a majority of 61. Had the revenues
been furnished by the High Church party, and the Ox-
ford teachers been faithful t, oaths solemnly made for
the maintenance of Protestantism, there would be less
cause for complaint ; but when it is known that many
of the professors are paid out of the Consolidated Fund,
that many privileges, monopolies, drawbacks on paper,
and other articles, all at the public expense, are enjoyed
by these Universities ; that most of the colleges were
founded and eedowed by our Catholic ancestors, and that
one of these seats of learning is fast relapsing to Popery,
this system of exclusion becomes a great national griev-
ance, and calls for thorough reform. "Parliament," said
Mr. CHRISTIE, in his admirable speech, " annually voted
the sum of 2,0061. to thirteen professors in the two
Universities, who, under the prevailing system, had
some of them no class at all, and hardly one of whom
had twenty pupils. Next there was a charge on the land
revenue of the Crown for 3001. for three professors in
each` iniversity; and HENRY VITUS endowments of three
more regius professors in each University ; with 100/.
a year to the two Lord Almoner's professors of Arabic,
making 6401. per annum more. There were eight canonries,
three benefices, and a mastership of an hospital annexed'
to professorships in the Universities; four of the canonries
had lately been annexed : two canonries of Christ
Church to two new divinity professorships in Oxford,
and two in Ely, to the Regius Professorships of Greek
and Hebrew in Cambridge. These canonries and several
benefices were annexed to headships of colleges in Oxford
and Cambridge, and came in for their share of the benefits
from the Legislature." So much for the false arguments put
forth against any vote to Maynooth, stating that the
British Univer.,ities received none of the public money,
and that Maynooth, therefore, ought not to receive a grant
which was denied to our own seats of learning. Why,
the fact is known to all the world, that not only are an-
nual sums paid out of the public Treasury to the richest
Universities in the world, but that annual salaries are
also paid to several prefessors in all the Scotch Univer-
sities as well as the University of Dublin. It is needless to
advert to the speech of Sir R. INGLIS, for it contained no

facts whatever against the motion and the main argument
of Mr.Cumsns, though he bad not the ability to see its
drift:was directly in its favour. " Look," said he, " at the
great men which our Universitiea had reared. Look at
the Lord Chancellor, high in honours at the University,
and distingished above all in legal life. There was also
the Master of the Rolls, Lord LANGDALE, who had been
senior wrangler at Cambridge, and, having attained the
highest honours at the university, reached the highest
place in the profession he selected. There was also

Sir F. POLLOCK, who had been senior wrangler, Sir N.
TINDAL, Mr. Baron ALDERSON, Judge MAULE, Baron
PARKE, Mr. Justice COLTMAN, who had all gained the
same academical honour." If education raises men to
such eminent and lucrative situations, is it not the ut-
most stretch of despotism to say that these benefits shall
be confined to one class, and that a man must either
force his conscience, or remain without the pale ? Mr.
CuntsTlE also pointed ont great scholars, and he might
have mentioned more, who had distinguished themselves
without the honours of Oxford or Cambridge, and con-
cluded his speech in this beautiful and charitable lan-
guage. After alluding to the visit of the QUEEN to
Oxford, he said :—" It should be recollected, that those
colleges had been founded in times when the Roman
Catholic religion was the professed religion of the
State, when all the liberality—all the munificent libe-
rality—had provided for the extensive education of
persons from all classes of society ; and as her MA-
JESTY passed through those noble halls, and as
she surveyed those fretted roofs, perhaps a thought
might dash across the royal breast, that in her
reign the system of exclusion should come to an end,
that the last blow should be given to that practice of in-
justice, which excludes all Roman Catholics from all
share in Roman Catholic endowments, and to the last
intolerance which now narrows to one sect, and spoils
and desecrates the large munificence of olden time." Let
us hope and pray that that day is fast approaching, and
that when such vast sums aro yearly expended in edu-
cating one sect of religionists,
and
public Treasury are paid to
others,
Catholics, who founded these magnificentgra lath.sfe
all opue persecuted
from
l establishmentsseocfnttthe
are not to beg in vain for the crumbs that
rich man's table. The uncharitable bigotry
long persecuted that class of Christians whieh theso
sraid
y dying
away ; the best men of all partic s have
manfullyp et
their faces against the oppressors, and we confidensly
trust that Sir ROBERT PEEL will persevere in his Chris-
tian scheme, and by rendering justice to a brave and
loyal people, secure against all foreign enemies the power
and integrity of the United Empire.

Madrid journals of the 3d have been received, but they
bring no news, though some rumours. According to
the Ileraldo, ABD'EL-KADER. had made an appeal to the
faithful of Morocco, and laced hira,!elf at the head of

party for the purpose of dethroning the EMPEROR, who,
it was said, was about to send a large body of troops
against this enterprising chief.
The Three per Cents. left off at 35i at b 0 days; and
the Five per Cents. at 25 9-16 at 60 days.

The domestic intelligence in the Paris papers is not
of much importance. I❑ the Chamber of Peers, the
general discussion on the Colonial Bill, relative to
slavery, had closed, and on Wednesday the separate
clauses came under consideration. In the Chamber of
Deputies, several grants were voted for completing the
royal roads throughout the kingdom ; among others, a
grant of 36,500,000 f. (1,470,0001.) for cutting through
or levelling hills on the public roads. The Minister of
Public Works stated that the whole amount that would
be required, according to the estimates, for the comple-

tion of the works would be 182,000,0001. (7,250,0001.).
This is a large sum, but it is for an important purpose,
and does high honour to the Government of Louis
PHILIPPE. By a royal ordonnance of the 6th, the
following persons are created Peers of France, viz.:—
Vice-Admiral GRIVEL, M. PEDRE LACAZE, formerly
Member of the Chamber of Deputies ; Lieut.-General
MARBOT, and the Duke DE CHOISEUL PRASLIN.
We find no intelligence from Switzerland in these
papers later than that published in The Sun of last
evening. The Extraordinary Diet, it appears, met again
at Zurich on the sth, when long speeches were made
on the disturbances which prevail, but no decision was
come to. In fact, the Diet seems utterly helpless. It
wants both courage and power, and is so hampered by
the contending elements of the different cantons, that
nothing like unity prevails. All we hope is, that the
Swiss will speedily settle their own affairs, without fur-
nishing any pretence for the interference of the despotic
authorities with which they are almost entirely sur-
rounded. The Legitimatist journal, the Quctidienne,
rejoices at the victory gained by the Jesuits. This is
in keeping with the character of the party which it re-
presents, and calls forth the following remarks from the
Ministerial Globe :

" The Quotidienne has clapped its hands at the news from
Lucerne, and it cannot sufficiently congratulate itself on the
triumph of order and religion. It says that all who respect
the rights of property, who fear God, and appreciate social
order, must be delighted to see anarchy put down, and its
soldiers destroed or dispersed. How is it, then, that the
Quotidienne, and the journals of the same colour, every day
solicit the aid of the Radicals of France? The French Ra-
dicals have only the same object as those of Switzerland—
viz., equality and the division of property. When people
ask for universal suffrage, they demand popular supremacy
in the most absurd, sanguinary, and disorganised way, and
they are quite as radical as the enemies of religion who raise
the cry of a Las les Jesuites as a rallying point. When we
see the triumph of order over disorder, the Quotidienne only
sees the triumph of the Jesuits, and it would like to have the
free corps in France to demolish the fortifications of the sys-
teme, and of the dynasty against its amis les enncmis, or
merely to embarrass a Government, which nevertheless pro-
tects property, religion, or social order."
THE BOURSE--WEDNESDAY. APRIL 9.

First

Hi.h • st Lowest

Last

I'rice. Price. Price Price
French Five per Cents. •••• 117 50 .. 117 50 117 50 .. 117 50
Four-and-a-Half.. •• 113 .. 113 .. 113 .. 113
Three per Cents•• •• 85 90 •• 85 95 •• 85 90 •• 85 90
Loan .•••• •• 86 GO .• 86 GO .. 86 GO .. 8G 60
Bank of France •••• 3215 ..3215 ••3215 ••3215
Gouin Bank I,ooof Shares • lllO ..1110 ..1110 ..1110
Be glen Fives, 840. • • 11.3 1034 • • 103 .. 103
1842.•
Four-and-a-Half ••• 11!1% •• 101% •• 101% .. 101%
Dutch Two and-a-Half ••• •• 64% •• 64% •• 64% • 64%
Spanish Active •••••• • . • • • . 4'l►s • • 404 . • 40 .. 40
Threes...••••••• 41% .. • 41% .. 41% .. 41%
Portuguese Five per Cents• • 66 .• 66 • • 66 .. 66
Roman .•• •• •••• •• •• •• 103% .. 10571 .• 105% .. 105%

RAILWAY SHARES.

Versall e, R.B • • • • • • • • • • 555
L.B
Rouen • • • • • • • • • • • . • • • • • • • • 1100

.. 565 .. 550 .. 555
. 362 50 .. 3.i0 3GO
. 1112 50 ..1110 50 -11'2 50

Rotten to Hare
Orleans •• •• •• ••••••• •• •• ••1230 "1240 ..1225 ..1225
Atrasburg to Bale•• •••• •• 305 •• 313 75 302 50 .• 302 50
Avienon to Marnilles•• •• "1055 —1965 •.1047 50 • 1060
Bordeaux to Teste • .• •• 207 50 .. 210 .. 207 50 .. 210
RAILWAYS FOR TIIE ACCOUNT, APRIL 16.

St. Germain .. • •• • • • • • • • • • • 1170
Versailles, R. 8.. •• •• • •• •• 585
•• •• •• • . • • 360
Rouen • • •• •• • • •• •• •• •• •• • •1110
Rouen to llavre . • • •• •• •• •• 945
Orleans .•• •• •• •• ........1240

..1170 ..1140 -.1140
.. 585 .. 550 50 557 50
.. 365 .. 350 .. 362 50
..1122 50 -1103 -1100
~ 947 50 .. 935 .. 937 50
..1242 50 ..1225 ..1225

Strasburg to 8a1e.......... 310 .. 316 20 .. 3°2 50 .• 311 25
Avignon to Marseilles • • •• • • 1060 .• 1070 .. 1017 50 —lO6O
13ordidata to Teste ... • . •. •• 210 .. 210 .• 210 210

THE MURDER AT
HAMPSTEAD.

TRIAL OF HOCKER.

CRIMINAL COURT.-(THIS DAY.)

OLD COURT.

The trial of }Locker, for the murder of James Delarue,
was fixed for ten o'clock this day, but fur two hours be-
fore a great number of persons had collected about the
various entrances to the Court seeking for admissions,
which, according to the arrangements made by the She-
riffs, could only be had by ticket. The greatest anxiety
prevailed to be admitted within the precincts of the Court,
and the policeman at the Judges' entrance had plenty of
occupation in answering all those who presented him
with orders of admission. The only persons who
were admitted before half-past eight o'clock were
the barristers, of whom a great number, who are
but little known at the Central Criminal Court,
made their appearance to-day. Owing to the excellent
arrangements of the Sheriffs, however, there was less
inconvenience and pressure in the Court than is usually
experienced in the Central Criminal Court on the most
ordinary occasions.
The Recorder, Mr. Alderman Wood, Mr. Alderman
Hughes, and the Sheriffs, made an early appearance in
Court.

Amongst other visitors we noticed on the bench Lord
George Lennox, Lord William Lennox, and Lord
Arthur Lennox, the Sardinian Minister, the Prussian
Ambassador, Chevalier Bunsen, Baron Arnim, Earl of
Lucan, Lard Sheffield, Baron Koller, Baron Brenner,
Dr. Gordon, M. le Duc de Broglie, the Duke of Bruns-
wick, the Earl of Bective, Mr. Hope, M.P., and Captain
Garth.

No ladies were admitted.
Shortly after nine o'clock several prisoners were called
on to plead.

On Joseph Connor being called on to plead guilty or
not guilty to the murder of Mary Brothers, he answered
in a firm tone of voice " Not Guilty, my Lord."
Thomas Henry Rocker was next called on to plead to
the indictment charging him with murder; he pleaded
" Not Guilty" in a strong and decided tone. To the in-
dictments under the coroner's inquisition the prisoner
also pleaded "Not Guilty;" and likewise to the indict-
ment, charging him with the robbery of the property of
l)elarue, the prisoner pleaded " Not Guilty."
The prisoner Rocker was becomingly dressed in
black clothes. His_ hair was carefully arranged, and he
appeared a genteel and respectable looking person. He
exhibited the greatest nonchalance, bowed respectfully
to the Court when called on to plead, looked about him
with the carelessness of a mere spectator, and altogether
showed the utmost confidence and coolness. There was
nothing to indicate a malign or ferocious disposition,
with the exception of a sinister expression about the
eyes. There was a marked contrast between his phy-
siognomy and that of Connor.
A ;little after ten o'clock the Judges, Mr. Justice
Coleridge and Mr. Justice Coltman, accompanied by the
Lord Mayor, entered the Court, and took their seats on
the bench.

Mr. Bodkin and Mr. M. Chambers conducted the pro-
secution, on behalf of the Crown; Mr. Clarkson and Mr.
Ballantine defended the prisoner.
Thomas Henry Hocker was then placed at the front of
the bar, upon which
Mr. BaDICIN rose to state the case for the prosecution.
He said that the very extraordinary interest taken by
the public in reference to the transaction, which they
were met there to try, made it his first duty, as
it seemed to him, as counsel for the prosecution,
to direct the attention of the jury to the awful issue
they had to try, and to tell them that they should be
guided to the verdict which they had to try by what
transpired in that Court, from the evidence upon the
trial, and by nothing else. It was impossible but that
various statements and comments which had been made
in reference to this transaction must have reached
them, and though it might not be possible
for them to discard those statements and comments
altogether from their minds, still it would be their duty,
and he was sure they would perform it to the best of
their power, that the impressions they might have re-
ceived should not have the slightest influence on the
verdict which they should feel bound to give. The pri-
soner at the bar was charged by the indictment with
the horrid crime of murder, publicly committed,
and committed under circumstances of great em-
barrassment ; for there would seem to be no other
motive or inducement on the part of the prisoner
to lead to the commission of the crime, except that of
possessing himself of the property of the murdered man.
He would briefly lay all the facts of the case More them
as they would appear in evidence, and he was afraid
those facts were of such a nature as could leave no
reasonable doubt on their mind of the guilt of the prisoner.
The deceased person, about whose death they were now
inquiring, was a person of the name of James Delarue,
who resided at the period of this transaction at No. 55,
Whittlebury street, Euston-square. He was a music
master by profession, and it appeared was in habits of
close intimacy with the prisoner at the bar. They
would find he left his residence about six o'clock
oa d t
:loco
neveninge
eonf
briedtawye,entl:Zsiut
lloefighFteob,rcuity:

he was found murdered. But it would be necessary in
the first place to describe the locality where the murder
had been committed. The Learned Gentleman then
described the locality to the jury, and told them that it
was between the Haverstock-road side and the Avenue-
road side that the murder was committed. In a corner
between a railing and a wall, which formed the inclo-
sure of Bellaize House, the body was found, under the
circumstances he would detail to them. Some time
after seven o'clock a baker, named Edward Hilton, who
was serving some customers in that direction, heard cries
of murder proceeding from the direction where the
murder had been committed, He listened to them for
some time, and then turned down the Haverstock-road.
At a short distance he met a policeman, to whom he
told what he had heard. They both proceeded imme-
diately up the Haverstock-terrace. They crossed the
field, and got to the passage which leads to Bellsize-
lane, near the public-house. The policeman having got
to this point, and having heard nothing, proceeded down
the passage till he got near the George public house,
when he met the sergeant of police, to whom he related
what had been told by the baker. The sergeant and the
police-constable then proceed towards Haverstock-
terrace, but they went a different eay from that which
the policeman and the baker took, and they found the body
in the position he had already described. The:sergeant
went for a stretcher, while the ,policeman remained to
watch the body. From the evidence which the baker and the
policeman would give there could be no doubt that
the death of Delarue was occasioned by vi deuce at the
hand of some person or other, and if that fact was
established to their satisfaction, the next and the great
question for their consideration would be by whom it was
committed. They would find that a little after seven
o'clock the prisoner himself was net by a per,:on who knew
him, and who happened to be at the Swiss Cottage
public-house ; that he came in hastily, being
dressed in dark clothes with a kind of cloak ; that he
was agitated, and asked for some liquor, which he had.
The person who would give this evidence saw no more
of him after this. They would find from another witness
that he beard the cries of murder proceeding
from the same direction. That he listened for
about ten minutes, and then seeing a person
coming towards him from the direction of the
Swiss Cottage towards the Regent's-park, he asked the
person he met if he heard the cries, but received no an-
swer.. This witness would prove that he had no
doubt about the prisoner's being the person. It
was true the waiter at the Swiss Cottage swore,
to the best of his belief, that the prisoner
was not the person whom he supplied with liquor, but
he (Mr. Bodkin) would prove by the justice-clerk be-
fore whom the prisoner was bronght, that the prisoner
contradicted him, and said expressly that he was the
person whom he supplied with the liquor. There
could be no doubt, therefore, that the prisoner was there.
The next point to which their consideration would be
directed was, what occurred while the policeman was
watching the body. Whilst he was there alone, the
sergeant having left to get the stretcher, he heard some
person whistling who was coming in the direction to
where he was, and when this person came up to the spot
he said, " Hallos, policeman, what have you got here ?"
A great deal of conversation took place between
them, and the policeman would state his
belief that the person he saw was the prisoner at the bar.
It would seem probable therefore, that the prisoner,
after having committed the murder, went to the Swiss
Cottage ; that he then went down the Avenue-road
where he was met and accosted by the witness
to whom he before alluded ; and that he then,
for some reason or other which he could not
explain, went back to where the murdered man lay
lie would now call the attention of the jury to other
tacts connected with this case. It would appear that the
prisoner was on terms of close intimacy with a young
woman named Jane Phipps, who was acquainted with
a woman named Edwards, who lived in Bath-place.
This Edwards had a relative, also called Edwards, who
lived in service with a respectable family in Portland-
place. This person permitted Jane Phipps to sleep in
the house, the family being absent at the time. It ap-
peared the prisoner was in the habit of seeing her here'
and that he, on the very night the murder was committed,
came to the house in Portland-place, the time at which he
came corresponding nearly to the time that it would have

taken him to arrive after he was last seen. There was
nothing in his manner on that occasion which indicated
that he was engaged in anything extraordinary, but it
appeared that there was some disorder in hi,
dress. He was asked if he had fallen down, and he
answered that he was in the habit of going
to a house in Grafton-street every Tuesday and Friday.
but that he was not in a fit state to go before ladies. It
appeared that he was expected there that night. He
came into the house with the same cloak he had on at
the scene of the murder, and he had at this time a watch
which he said he bought that day in the City, but the
evidence on this point would leave no doubt on their
minds that the watch in question was the watch of the
deceased. He also produced a ring, which he believed
was a diamond one, which he also showed to the girl

Phipps. There was a remark made about some spots of
blood on his breast, but in explanation of that he said he

got them in a rencontre with the governor, by whom he
was understood to mean his master in the City. He said
that they had fallen out—a scuffle ensued, and his nose
bled. He arrived at the house in Portland-place about, or
shortly after, nine o'clock, and left it between ten and
eleven. From this time till about two o'clock the fol-
lowing morning, when he went home, they lost all
trace of the prisoner. flow he spent the time
they did not know, but about two o'clock he
returned to No. 11, Victoria-terrace, Portland- town,
where he was in the habit of sleeping with his brother,
being at the time in no kind of employment, and being
supported by his father, who lived in Charles-street.
In the morning he showed the watch to his brother
which he had previously shown to l'hipps, and he gave
him the following account of how it came into his pos-
session. It appeared that the prisoner had a watch
which he put in pledge, and of that fact the brother was
aware. He therefore stated to his brother that the
watch he then had was the watch he put in pawn, and
that he was that day enabled to redeem it with money
the possession of which he also attempted to account for.
Now, the watch in question would be identified as the
watch which belonged to the deceased, and it would
be proved that at the time the decersed left
his lodgings there was every appearance from his waist-
coat-pocket that he had a watch in it and he
had on also a guard. With regard to the money, which
was a considerable sum for a person in his situation, and
seeing that he owed 10s. to his brother, which he
was not able to pay, they would find when he left his
house, on Friday evening about seven o'clock, that he
stated he was going to Mrs. Edwards for the purpose
of procuring ten sovereigns. He stated to his family
that she was going to lend him that sum, and that he
was to go on Sunday to get it. But on the day after the
murder, when he came home he showed 12 sovereigns,
to his brother, stating that he received them from Mrs.
Edwards, and that he was more fortunate than he ex-
pected, for, instead of getting ten, as he was pro-
mised, he succeeded in procuring twelve. He
would show that those statements were entirely
false ; that he never made any application
to Mrs. Edwards ; that he never made any appointment
with her ; and that in point of fact he never received any
money from her. After this, being present at several
conversations between his father and brother, and other
persons, respecting the murder, they would find from
witnesses that the prisoner did not join in those conver-
sations; that he never made the slightest allusion to his
acquaintance with the deceased, or of his being pre-
sent at the time of the murder, or of his having
any knowledge whatever of it. He would di-
rect their attention lito evidence of a most
important kind. The shirt which the prisoner had
on on the night in question was found in his father's
house with stains of blood upon it. The wristband of
the right hand which, was torn off, and which corre-
sponded to the shirt already alluded to as belonging to
the prisoner, was also found stained with blood.
They would find that the prisoner in conver-
sation had sought to explain this, by saying that the
wrist of the shirt was torn while romping
With some
women, one of whom, named Cox, he particularly men-
tioned. He would show that that was not true, for he
would call Cox before them. But there was more evi-
dence of this kind with regard to the prisoner. They would
remember the cry of "murder" was heard on both sides
It was evident, therefore, that the death of the deceased
was' not occasioned by a sudden blow, which deprived
him of his senses. Those cries indicated at all events
that the person was aware of the murderous intent of his
assailant, and if nature will struggle for life, some
struggle must have ensued. Now, they would
find, upon examining
the coat which the prisoner
had ou on the night of the murder, that
two buttons were torn from it as if, supposing the
coat to have been buttoned at the time, th,t buttons were
wrenched away in the struggle. One of those buttons
was found at the lodging of the prisoner, and the other
close by the spot where the murder was committed.
The knees of his trousers were found saturated
with blood, and blood was also found upon his
drawers and stockings, as if he had knelt clown in blood,
and that it penetrated his trousers, drawers, and stock-
ings, and it would be found that there was a pool of
blood near the deceased, which would lead to that suppo-
sition. Oji the WOliezday following the warder the

prisoner and his brother were together when the police-
man called upon them. The police-constable fink asked
the brother if he had a watch in his possession. He
denied it. He then put the same question to the pri-
soner, and whether he hesitated or not, he (Mr. Bodkin)
did not know, but his manner was such as to in-
duce his brother to make this remark—" Tell
the truth to the policeman, because he will see that
you are not now doing so." He, would not enter ilito
the other circumstances connected with the case. He
thought he had given a sufficient outline to enable the
jury to comprehend the evidence which would be given.
But there was one point to which he should call their
attention, which would, no doubt, cause very considerable
sensation. He believed there was no money or property
of value found on the person of the deceased at the time
he was found. But a letter was found in his coat-pocket
of a very extraordinary kind. It was his
duty to lay that letter before them, be-
cause, he had no doubt of satisfying them
by evidence that it was ;written by the prisoner at the
bar. His brother, who knew his handwriting, would
swear he believed it to be the prisoner's handwriting,
and, in addition to his evidence, and to that of others
it would appear that it was written in the same
coloured (blue) ink which was found in his rooms ;
that the paper was of the same size and quality, and that
the seal with which it was impressed having the letter
" F," corresponded with the one found in the prisoner's
room ; therefore they could hare no doubt that the
letter was in the hand-writing of the prisoner at the
bar. The letter was addressed to " James Cooper,

Hlampstead•road," for it appeared that the prisoner was
in the habit of addressing the deceased under that name.
The letter was addressed in these terms :

"My dearest James—l have so often resigned myself to
your will and embrace, that I find myself in a situation
which makes it necessary for me to leave home shortly. I
would rather die than doubt either your word or your
honour ; yet do not, oh do not, be ashamed to
own mo. If you cannot at present gire me the title
of wife, conceal me from the cruel finger of scorn.
Heaven has been my witness that I have loved
you but too dearly. Let me be happy in the conviction
that you will one day restore me to your arms for ever. Ease
my suspense by meeting me to-morrow at the place where,
alas, you have always made me happy ; yet not so, if it will
put one smile of hope and comfort on my countenance. You
can render me fur ever light-hearted and happy, or fur ever
heart-broken and conscience-stricken. Oh, that a beaded
knee might procure me the former lot.
" Ever yours,
" James Cooper, Hampstead-road."

" ly Miss F.

" CAROLINE."

He would lay that letter before them as it was, for it
was no part of his duty to enter into any speculation
whatever as to the object or motive which actuated the
prisoner in writing it. He bad now briefly stated the
case. He had stated that the prisonor was on the
spot at the time of the murder ; that he was
seen coming from the direction where the murder
was committed, that his clothes were stained with blood,
and that the property of the deceased was found with the
prisoner:; with respect to which, he had given a false
account. He would only now beg of them not hastily to
adopt any impression unfavourable to the pri-
soner from what he had stated ; that they should
only give the same reasonable application to the
circumstances which they would to the ordinary trans-
actions of life. He would barely make one other ob-
servation. It appeared the prisoner said before the
magistrate, that he would produce witnesses to show
that he was not out of the house till after
eight o'clock. Now, he was found in possession
of the property of the deceased immediately after, and
if it was possible to distinguish the robbery from the
murder in this case—if any suggestion of that kind were
made, they would consider that which seemed to him an
important matter, namely, the intention avowed by the
prisoner himself that he left his home for the express
purpose of getting money. He would now proceed to
call evidence before them to corroborate what
he had stated. If they had any reasonable doubts,
after hearing that evidence, that the prisoner
was the person who committed the murder, they would,
in that case, give him the full benefit of those doubts;
but if all the circumstances of the case brought home
to their minds the conviction that the prisoner was
guilty, then he felt satisfied that they would
fearlessly and faithfully perform their duty to the public,
and pronounce a verdict accordingly, however painful it
'night be to them.
The Learned Gentleman then called the following wit-

nesses :
Edward Hilton examined by Mr. CHAMBERS—I am a
baker at West-end, Hampstead. I was delivering bread
on Haverstock-terrace at ten minutes after seven o'clock
on the night of Friday, the 21st of February. I got out
of my cart, and heard cries of murder coming across the
fields from the dead wall at Bellsize-lane. I afterwards
saw the spot where the body was found, and the cries of
murder seemed to come from that spot. I heard
the cries six or eight times. The cries from the be-
ginning to the end might have been heard for four
minutes. I then went into the field and cried " halloo,
halloo," several times. I heard no answer. I then told
the policeman, and afterwards drove away.
John Baldock, police-constable 304 S, examined by
\fr. BODKIN—I saw Mr. Hilton at ten minutes past
seven on Friday, the 21st of February. In consequence
of what he told me I walked over the Haverstock field,
but I saw nothing. I then went down the narrow
passage leading to Bellsize-lane, and I afterwards turned
back by the George public-house. I met a brother
constable, and again, with him, turned back to the dead
wall there, and found the dead body. The body was
afterwards taken to the station. The deceased was lying
on his back, with his great coat and body coat open. I
found a glove and hat lying on the ground, near the
body. I also found a pocket handkerchief. The body
was quite dead, but warm. The injuries were all on the
head, and I saw a pool of blood where he was
lying. I searched him afterwards. The bosom of the
deceased's shirt was also open. There was no watch on
the deceased, and he had no money. I found a letter in
the pocket of his coat, which I gave into the cus-
to ly of Inspector Grey.. After the body was discovered
Fletcher was sent for the stretcher, and I was left alone
with the body. In about a quarter of an hour a man
came up and joined me. The constable was away about
half an hour. The person who joined me came from the
direction of the Avenue-road. There are two paehs by
which persons might come towards Hampstead. My
attention was called to the person by his singing. The
person came up and said " Hollo, policeman." I said,
I have a serious case here." He said " What is that,
policeman ?" I said, " I think it is a person who has
cut his throat." He said "Itis a nasty job, policeman,"
and he stooped down and felt the deceased's pulse, to
ascertain if there was life left. He then told nse that he
had been in the habit of travelling that way
from town some years, and had never met with any-
thing. He said his parents had told him he should not
walk that way at night. He said I had a cold job, and
he offered me some brandy. I said, I had rather not, if
you please. He said, it was very cold, and I would be
the better of something to drink, and I at last took a
shilling from him. When the stretcher came, there was
a light brought, and the lamp was turned upon the
body. The man then was standing there. When
the body was taken on the stretcher, the man
followed as far as Bellsize-lane The man had on a
dark coat, or mackintosh. The person was a young
man, about 51t. Bin. in height.
By Mr. Justice COLERIDGE—The man was muffled up
with something over his face. I think It was the collar
of his mackintosh.
Cross-examined by Mr. CLARKSON—I kaew the hour
from seeing the clock at the George public-house a few
minutes before. The man who joined me went up to
the body, and took hold of the hand. The man said he
would stay with me till the stretcher came, as I was left
atone. He said that he felt rather queer at the sight.
He did not shed tears. He said he felt very much
shocked at seeing such a sight. He remained
with me till the stretcher came. It might
be a quarter of an hour till then. There
were several persons came up when the stretcher
was brought. When the b, dy was put on the stretcher
there might be as many as fifteen persons. I have been
examined before the Coroner. I was examined before
him first. When I was examined before the magistrates
the second time I did not give the same account that I
did the first time. It is contrary to duty to receive
money without reporting it to the inspector. That was
not the reason I did not state it. It was because I
thought it of no consequence. I stopped a gentleman
the first time before I went into the field. Ido not know
whether he is here to-day or not.
Re-examined by Mr. BODKIN—That gentleman keeps
a house at No. 4, Haverstock-terrace. His name is
Kelmer. I first saw him in Haverstock-terrace. He
was on the side where the houses are. I did not see
where he came from. He said—
Mr. CLARKSON objeetedato the conversation being given
in evidence.
The objection was overruled by their Lordships.
Examination by Mr. BODKIN continued—lt was about
three minutes after I saw Hilton that I saw Mr. Kel-
raer, and had this conversation with him. He went into
the field with me. The gentleman parted with me near
the George public-house, before I met the sergeant. He
then went down Pond-street.
By Mr. Justice COLERIDGE—I reported that I had
seen the gentleman.
Edward Hilton recalled and examined by Mr. Justice
COLERIDGE—He was positive as to time, because he saw
the clock in his progress from house to house.
Thomas Fletcher, 24 S, examined by Mr. CHAMBERS
—I was called by Baldock, the last witness, on the night
of Friday. the 21st of February. I went with him into
the Haverstock-field. The great-coat and under coat
were open, and I found a walking-stick lying to the
left of the body. The stick was produced. I,found no
property upon him. I examined his pockets; not at
that time, but afterwards. I went for the stretcher, and
assisted to carry the body to the dead house at the Yarjc-
ahire Grey.

Cross-examined by Mr. BALLANTINE—I did not go to
Bond-street to make inquiries on the following day.
James Grey examined by Mr. BODKIN—I am an in-
spector of police. I recollect a communication being
made to me by Sergeant Fletcher on the night of the
21st of February. He spoke to me some time after eight
o'clock. I went to the spot where the body was found. I
received the letter signed "Caroline" from Mr. Perry, the
surgeon. It was taken from the pockets of the deceased
at the bone-house. I went to the spot of the meadow
next morning, accompanied by a constable named
Thomas. He found a button near the place. I saw:the
body identified by the deceased's brother.
William Salloway examined by Mr. CHAMBERS—I
live in Heath-street, Hampstead. I was not examined
before either the Coroner or Magistrate. I went to the
field on the night of the murder. I ran forward first. I
saw the policeman Baldock and another man by the
body. The prisoner is the man I saw there. The pri-
soner was standing towards the feet of the deceased. I
went up to the prisoner, and asked if the person was
quite dead. He said, " Yes, he is quite dead; I
have felt his pulse, and it has ceased beating."
I then said were you not frightened, and he said no. I
then said to a young man who was near me, that the de-
ceased reminded me of Ward, who is a boot and shoe-
maker. He said it is not Ward, for he has beautiful
white hands, and unlike a shoemaker. Hocker was
standing at the feet of the deceased when the light was
turned on him. On going along with the stretcher, I
said to Hocker—what might hare caused you to come
that lonely way? He said, " you must know, Sir, I was
coming from St. John's Wood to Hampstead on impor-
tant business." When we came to Belizise-lane, I
took the lamp from the policeman when the body
was being lifted over the stile. I last saw the prisoner
in Bellsize-lane. I could not open the lamp, and he
showed me how to open it. He lighted his cigar at the
lamp. The light was then streaming on his face, and I
had a full opportunity of seeing his features.
Cross-examined by Mr. CLARKSON —On the Friday
night Balduek and the accused were close together. To
my knowledge I never spoke to him before. I did not
attend any of the examinations before the coroner. If
Thildock had come for me I should certainly have gone
there. I was not surprised when told to be here to-nay,
especially when I read in the papers that locker had
acknowledged being in the fields. I went afterwards to
Mr. Fell, the chief clerk of Afarelebone Police-court, and
made my statement to him. I was afterwards taken to
Newg,:te to identify the prisoner.
By Mr. CHAMBERS-13alclock did not join in the con-
versation between myself and the prisoner on the night
of the murder. Ido not think he heard at all what was
said by us.
Richard Roger., Perry examined by Mr. BODKIN—I
found on examination of the body a large wound on the
upper and left side of the head. There was a smaller
wound in front of it. It was immediately above die eye,
and blood had flowed from it. On further examination
I found that they were scalp wounds ; the skull was not
fractured. There was a good deal of extravasated
blood, corresponding with the external injuries. The
death of the deceased I should ascribe to concussion of
the brain, in consequence of external violence. I should
imagine that the injuries were occasioned by repeated
blows from a heavy weapon, such as a large stick, or a
life preserver.
Cross-examined by Mr. CLARKSON—Thera is no
fracture of the skull, but the wounds on the head were
amply sufficient to account for death. I have seen three
sticks, the larger of which might have produced these
wounds.—(The sticks were produced.) Ido not believe
that concussion could arise from shakes. I never heard

that concussion could be produced by struggling with
another party.
James Thomas, examined by Mr. BALLANTINE—I
examined that part of the field where the body lay, and
found a button lying near. I gave it to my inspector
afterwards.

George Loveridge (with Mr. Wildgoss, a news agent
in High-street, Portland-town)—l e as on the night of Fri-
day at the Swiss Cottage, Avenue-road. saw the prisoner
come into the house, and he passed by me into the parlour.
when he came in he asked for the parlour. He bad a
cloak or mackintosh on him at the time. He came in in
a very flurried state, and pushed the door back. I have
seen him for three years.
Cross-examined by Mr. CLARREION—I did state that
he was in a flurried state when I was examined before
the Magistrate. I do not remember whether the gas
was alight. I suppose the gas was alight, for I was not
in darkness. It was half-pest seven, and it ought to
be on by that time.
Richard Graham examined by Mr. CLIABIBERS—I am
waiter at the Swiss Cottage. I remember a person
coming in on the Friday night, and he asked for a glass
of rum and brandy. He paid me Bd., that was 2d. for
myself. On my examination before the magistrate I
said the prisoner was not the man, but he said himself
he was.

Cross-examined by Mr. CLARKSON—The prisoner was
in about five or t-ix minutes altogether. I noticed that
his bands were very white. I did not see the prisoner
reading the newspaper.
Re-examined by Mr. CHAMBERS—I received the
money myself from the prisoner.
Cross-examined by Mr. CLARKSON—I am positive he

did not ask for the newspaper.
Joseph Henry Nash examined by Mr. BODKIN—I
live at 17, New Church-street, Paddington. On the
night of Friday, the 21st February, I had some business
near St. John's-wood, and came up the Avenue-road.
I met a person there within one hundred yards
of the Swiss Cottage. I cannot say what
o'clock it was. Just before I had heard the

cry of " Murder." I had only heard it once across
the fields. I saw the place where the body was found,
and the cry came from that direction. The man came
in the same direction as myself. I had not noticed him
before that night. There is a hedge bordering the road.
I had known the man before. He is the prisoner at the
bar. He was running when I saw him first. I spoke
to him, and said, "Did you hear that cry of murder?"
He made Ito answer, but went on at a dog-trot. I went
after to the place of the murder, which was three fields,
or about 100 ards, from the place I stood at that night-
There is no difficulty in getting across the fields.
Cross-examined by Mr. CLARKBON—I was in the
Avenue-road when I heard the cry of murder. That
cry might have been heard ten minutes before.
Sarah Jane Phipps was called, but for some time could
not he examined—Having somewhat recovered, she was
questioned by Mr. CHAMBERS—I knew the prisoner. I
knew him for some time before the 21st of February.
lie had told me he was a clerk near the Stock Exchange.
He was in the habit of coming to see me at No. 6, Bath-
place. On the 21st of February I slept at 17, Port-
land-place. I saw the prisoner there on that
evening. I had no reason to expect him, but
I did expect him. I thought he might come, He was
not dressed as usual. Maria Edwards was there at the
time. I did not particularly notice his dress. I re•
marked that there was a little blood on the front of his
shirt. He said he had been having a game with
his governor. I saw some dirt on his coat,
and I asked him if he had fallen. lie said
yes, and gave me to understand that he had been tipsy.
He showed me a watch and ring. I had never seen him
with either before. The watch had a yellow chain. It
was a chain that passed round his neck. The watch he
showed me was a silver one. It resembled the one now
produced. He said he had purchased it on that
day. I think he said he had. given eight guineasfor it. Ido not remember where he said he bought it.
He took the ring out of his pocket. He said it was the
ring he had spoken about. I asked him why he did not
wear it, and he replied it was too large. I have never
seen the prisoner write, but I have received letters from
him. He sometimes wrote in blue fluid and sometimes
in black ink. The note produced is, I think, in the
writing of the prisoner.
%iaria Edwards examined by Mr. BODKIN—I was in
charge of the-house in Portland-place, and the prisoner
called on the night of the 21st of February there. He
saw the last witness. He had his mackintosh on his
arm when he came in. He showed us the watch and
ring. The chain of the watch was of a gold colour.
He said ho had bought it, but he did not say where.
He produced a ring, and put it on in my presence, but
afterwards returned it to his pocket, saying it was too
large.
At this period the jury retired for refreshment.
The jury, after having been out for about half an
an hour, returned, and the prisoner's brother was called
into the witness box.
James Hocker, examined by Mr. CLARESON—My
father lives at 17, Charles-street, and the prisoner and
myself slept at 11, Victoria-terrace, Portland-town.
On the evening of Friday, the 21st, my brother
left home at a quarter to seven. Haverstock-
hill is about twenty minutes walk from Charles-
street. He told me he was going to receive some money.
which he had expected for some five or six weeks, from
Mrs. Edwards, of Bath-place ; she was going to lend
him twelve sovereigns. He returned to Victoria-terrace
about one o'clock in the morning. I was in bed, and
when he came in, he said that he had received the twelve
sovereigns. (The witness was under examination when
we went to press).

NEW COURT.

The Court was occupied the whole of the morning in
trying Mint cases.
Several prisoners, who had pleaded guilty, were called
up, and the judgmant of the Court was passed upon them.

CHANCERY.--(THIS DAY )
The Lord Chancellor sat in Lincoln's Inn Hall to-day.
His Lordship was occupied the whole morning with the
bankrupt petition, "In re Clarke," which possessed no
point of public interest.

ROLLS COUR DAY.)
The Master of the Rolls took causes to-day, but no ease
calling for special report came before his Lordship.

VICE-CHANCERY.—(THIS DAY.)
The Vice -Chancellor of England, after disposing of the
case of " Pearce v. Brooks," proceeded to hear unopposed pe-
titions and short causes, none of which were of any public
interest. Having disposed of all these, the Court then pro-
ceeded to hear the further arguments in the case of " Green-
wood and others v. Taylor," which came before his Honour
upon exceptions on the part of the Crown to the Master's
report. Most of our readers will no doubt be aware of the
facts of the case, as we have, upon several occasions, entered
into a detail of them ; but, as some may not be acquainted
with them. we will just shortly advert to them again, as
they relate to no less a personage than the late Duke of York.
The suit was instituted by t he plainti firs as creditors ef his-Royal
Highness the late Duke of York, for the purpose of administer-
ing the estate as d effects of the Duke, under a decree oftheCourt.
By the decree taken in the suit, it was referred to the Master
to take an account of the debts of the Duke, to compute in-
terest on such of the debts as carried interest, and to ascer-
tain and state what securities were connected with those
debts. The Master had now mad* his report, by which he
found that by a deed of November, 1811, the Duke of York
assigned a lease of the dwelling-house and pieces of land be-
longing to it in Stable-yard, St. James's, granted to him by
the Crown in 1810, to Messrs. Greenwood, Cox, and Co., to
secure the payment of past and future advances to be made
to him by them, and he M that deed covenanted to repay the

various sums so advanced, with interest thereon, and to in:
damnify them against any actions which might be brouglu
against them in respect thereof, and undertaking to rerd
and transfer the money in case Greenwood and Co. sh
be called on to pay the said principal sums and intereet•
The Master then found that by a deed of May, 1824, the.
Crown granted to the Duke of York further pieces of land .
joining the laud demised to the Duke in Stable-yard by tfl
lease of 1810. The Master found that by a deed of Julici
1824, the Duke of York mortgaged this lease to Greenwoos.
and Co., as a further security for past and future advaneess
The Master then found that a deed dated March, 1826, W
executed between the Crown, the Duke of York, and Mesa;
Greenwood and Co., the Duke of York being rbed
desirous of taking down his old house iu
and to obtain a more extensive lease from the Crown 10d
order to build York-house. That deed recited that Greenlee:,
and Co. had at that time advanced 30,0001. to the Dute4;
and they agreed to join the Duke in surrendering the i"0
former leases. A new lease was then granted by the Croe's.
to the Duke, who was to be at liberty to assign it to gessr.,
Greenwood and Co. as security for their previous advane",
of 30,0001. The Master then found that the Duke 01°':.
gaged this lease and the premises in May, 1826, to bles'rept
Coutts, Trotter, and Co., for a sum of 30,000/. No
mortgage of the lease was made to Greenwood and (14
but the mortgage-deed to Coutts and Co. stated tb ,
Messrs. Greenwood and Co. had a lien for• 30,tne
on the property still subsisting. The Duke
York being in want of money to complete the bull'
ing of York House, he applied to the Lords of the TreasurP
the
and they, upon ascertaining the state of the building, end
t
incumbrances thereon, advanced two sums of 10,000/. Wed
complete the building, which the Duke was informed Would,
be worth 120,000/. when finished. The Master then fow;,,,
that the Duke of York, to secure the payment of this advarie;i
by the Treasury, signed a memorandum, whereby he et, 'I 00
to execute upon request, within six months, a security up d
the lease and property in Stable-yard ; and he further agreieo
that, in case the Lords of the Treasury should pay 011. teee
existing mortgage of 30,000/., and make further advances l
the completion of the house, he would enter into an eligege-
ment, in case he should be disposed to part with the house be"
fore the money secured thereon should be paid, and not other;
wise, to give the Crown an option, or priority, of purchase nt,b
valuation, to be made by t wo indifferent persons chosen blet,,
party, and in case they did not pay off the money in the Pul,ees
lifetime, then his representatives were to offer the prerine
for sale to the Lords of the Treasury, on the same ter°lso
The Master also found that, on the 26th ofJuly, 1826, t"..e.
Duke of York wrote a letter to the Lords of the Treasury
stating that the expenses of completing York House wer;
greater than he had expected, and that it would be nee%
sary for him to raise more money for that purpose, and thsr,e,',,
would prefer to hare the money advanced by them. r'1.74
Treasury agreed to advance further sums on the Seca'
of the -lease and premises, and they undertook to 11,5'0
off Coutts and Co.'s mortgage of 30,000/., and eeeeic
Messrs. Greenwood and Co.s incumbrance of 30,0 Z,
the Duke giving them a priority of purchase. 'enii
Crown paid off the mortgage of Messrs. Coutts and Co. ie
30,000/., and took an assignment of it, and advanced furtber
sums of 10,0001. and 12,000/. to the Duke to complete OS
building. The Duke died on the sth of March, 1827, gliv,
subsequently the Crown purchased from his executors for
property in the lease and premises of York House, to
81,913/. Afterwards the Crown disposed of York House
the Duke of Sutherland for 71,000/. In 1836, Die
Greenwood and Co. filed a bill of foteclosure against tbeeli
ecutors of the Duke, in respect of their security for 30,vit
In that suit an order was made by consent that the Cro2,,
might be at liberty to pay off Messrs. Greenwood andemni
and take a conveyance of their interest in the propertY;
ey
York House. The Crown accordingly paid Messrs. Gre,,7;
wood 30,0001., and they conveyed by deed ,rucit,l
interest in the premises to the Crown. ed
these circumstances it was that the Crown claim
before the Master to be ranked as a specialty ceeclu4
on the general estate of the Duke of York, iu respect to n'd,
money owing to the Crown on account of the various °tile
vances to pay off the incumbrances on York House, andoe
sums of money advanced to the Duke to complete it. dee
Crown relied mainly on the covenant in the mortgage' tee
of 1811 to pay off all advances, and that covenant gale re
Crown a right to be placed in the situation of a specialtY.o rts
ditor. The Master, in the subsequent part of his reP° d
found that the Crown was entitled to a lien for. 10,000/“10
interests on the proceeds of the Duke's plate; that the Crnfor
was a legal mortgagee and specialty creditor for 30,00.1 a
principal on the mortgage assessed to them by Coutts 70
Co.; and that the Crown was a specialty creditor in resPej;t
of the amount of rent in the existing and surrendered lei'
that the Crown was equitable mortgagee in respect
other sums advanced and interest. enia
The arguments had not concluded when our
Edition went to press.)
Vice-Chancellor Knight Bruce did not sit to-day.
(Before Vice-Chancellor Ween Am.) . ,egr
THORNTON V. THE PORTSMOUTH AND ARUNDEL NAVIOA

COMPAY.
His HONOUR gave judgment to• N
day in this case, which '"'" •
before him yesterday, and upon the conclusion of the to.,
10
meats on which he partly stated his opinion, but reserved ore
final judgment till this morning. The case came boo
Court upon demurrer. The plaintiff was mortgagee efc
hi
rates and tolls of the Portsmouth and Arundel Canal, 1"-re•
led into Chichester harbour. By his bill he sought %be
closure, an account, and the appointment of a-receiver. • it
Company had been established under an Act of Parlian'eo
passed in the 57th of George the Third. Their Pe„ 11,,er•
of raising capital had. been modified, enlarged, all";-tbe
firmed, under a subsequent Act. The company, '1•7000/.1,
first Act, were empowered to raise by shares 12, of
and, if necessary, by similar means, a further twiltbe
10,0001. The Act, in a subsequent clautie save
pet
Company authority to raise from 10,0001. to 40,0001., u.Y4ir,r
of mortgage of their tolls, instead of by calls on their sow
holders, if funds should be wanting for the more slLeat
completion of their works. The clause giving this rTga•
provided that the persons to whom mortgages or AsS,O•
ments were made should be equally entitled, -one with si,,'ll.
ther, in proportion to the sums lent and advanced, ,',10,11
out any preference by reason of priority of date of all end
assignment or mortgage. The second act recited the first, b,
that part of the money had been raised by calls on the t a
scribers, and that 40,0001. had been abethorr
of the Exchequer Loan Commissioners, but
thto
the Company had expended a larger sum
they were authorised, and were greatly in debt. It tb
empowered them to raise 150,0001. by the admission of 1
subscribers. The bill stated that the plaintiff, with a_.t
Dyson, had been employed, in 1818, as contractor, and 0.14
a sum 0ft,600/. had been awarded as due to them front .1:0
Company. The debt had been reduced to 3,0301., by varldis.
payments, down to 1836. The plaintiff and Dyson had vr,
solved partnership in that year. The bill stated that co
George Palmer, one of the committee of management,A to
put in a claim as first mortgagee. The plaintiff offare43°o
pay off what might be due upon this, if anything, and 0
the usual foreclosure.
His HONOUR allowed the demurrer.