The Sun.
London, England, 1845-07-10 00:00:00

THE S N, LON DON, THURS EVEN IN G, ULY 10, 1845.

L',IPERIAL PARLIA3IEsMI.

(THIS EVENING.)

II OUSE 0-I,' LORDS.

- - -
Their Lordships assembled at five o'c'o..k.
ARIZEST,:ii ENT OF WAGES (SCOTLAND) BILL.
On the motion of Lerd CAUPBELL, this bill was
read a third time and pas,:ed.
The m. 0., ot R!CHMOND presented a petition from
3,130 of the inhabitants of a place in the County ot
Sussex, praying for the repeal of the malt-trx. He also
presented a petition from the farmers of Burt, County
Donegal, against the Irish Tenants' Bill.
Lord LYTTELTON presented a petition from the
Rev. Charles Miller, incumbent of Marlborough, praying
for a dissolution of the Tithe Commission, and an alter-
ation in the Tithe Commutation.
Several Bills were brought up from the House of
Commons, principally connected with railways, and were
severally read a first time.
Lord CLIVE presented a petition in favour of the
Oxford and Rugby Railway.
Lord BROUGH.:.II.I presented a petition from a gen-
tleman of the bar, complaining that he had been
seriously injured by the late accident on the Great
Western Railway, and praying their Lordships to in-
stitute an inquiry into the cause of it.
PRIVILEGE.
The Duke of RICHMOND begged to call their Lord-
ships' attention to a matter of privilege. He held in his
hand the petition of Mr. Thomas Baker, who had been
superintendent of the C division of the metropolitan po-
lice force from the year 1829 down to August in the
last year. The petitioner stated that on the 26th day of
April, he attended before the Committee of that House,
appointed to inquire into the taw respecting gaming,
when he was examined by such Committee, and gave
evidence before them. That Mr. John Harlow, a person
named in that evidence commenced at: action on the case.
in the Court of Queen's Bench against him, wherein he
sought to recover damage's from the petitioner for
in-
jury alleged to have been done to him in consequence of
such evidence. That petitiomr had not pleaded to such
action, and, therefore, he prayed the House to take the
premises into their consideration, and to grant him pro-
tection against the action.
(LEFT SrEAKiNG.)

hers whether they knew how much the Roman
Catholics of Ireland contribeted out of their own
resources to the support of the Catholic religion ? lie
could tell these individuals alone subscribed upwards
of 10,000/. annually to the propaganda of Lyons.
In the course of the present session a considerable sum
of money had been drawn from this fund for the endow-
ment of the Roman Catholic clergy contrary to
the wishes and feelings of the, p3ople of E: gland.
On the present occasion they were called on to vwe
another sum of money from the same source—for the
establishment of three colleges which had been de-
nounced by the Roman Catholic prelates. It was impos-
sible to say what other dips would be made in this great
reservoir next session, but if the Irish Lands Commission
had suggested another encroachment upon it, viz , the
payn ent of 400,0001. to the Irish constabulary. By
many these points were looked upon with indifference ;
and be the Ministry this Consolidated Fund seemed to
be repsdel as a sort of Pool of Bethesda,
where all the financial souls of Ireland might
be healed, whenever they thought fit to trouble its
waters. He saw no reason why Trinity College should
not be made available to the purposes of education
in Ireland. Alin(.st the whole emoluments of that
establishment were swallowed up by its fellows
only one of 320,000 of the Irish Catholic population
were educated there, and these were obliged to pay the
tutors but were never allowed to participate in the
enrol; m tots. He had had a notice on the paper, to
which the Right Ron. Baronet seemed adverse to the
di. eussion of.

(LEFT SPEAKING.)

TATTERSALL'S.—THIS EVENING
Six o'CLocx.

tAvEaroor. cur.
5 to 1 agst Winesour—taken
6 to 1 agst Trueboy
6to agst Milton
11 to 1 agst Ironmaster
12 to 1 agst Rowena
12 to 1 agst Coranna
12 to 1 agst Lightning
25 to 1 a ;st Little Hampton

GOODWOOD CUP.
2 to 1 agst Foig-a-ballagh.
5 to 1 agst Ironmaster
12 to 1 agst Stomacher
GOODWOOD STAKES.
11 to 1 agst Pythia
12 to 1 agst The Libel
16 to 1 agst Pineapple
17 to 1 agst Venus
18 to 1 agst John o'Gaunt
18 to 1 agst Queen Slab
20 to 1 agst Europa
25 to 1 agst Wee l'et
25 to 1 asst Boarding• School Miss
ST. LEGER..
5 to 1 agst Weatherbit
6 to 1 agst Merry Monarch

StiIPPING.-(11111S DAY
LONDON, JULY 10.—Willd fre,ll breeze auul elc,tly, with n 1

at times.
DEAL, JULY 9.—Wind W.S.W., fresh breeze.—Arrd. Tropic, Ro-
bertson, Port Philip; Susan, Alger, Calcutta ; Caroline (Arab ship),
Short, Muscat; Pauline Houghton,l, l'ava ; Castle Lacklan, Bruc,,
Jamaica; Carleton A tigers, N assau ; Minerva, Ogden, Nassau;
Speedy packet, Gibraltar. Arrd. from the River for, Louise, Mau-
ritzon, Rio Janeiro; Tancred, St. Lucia; Humber, Mitamichi.
PLYMOUTH, JULY 9.—Wind S.S.W.—Arrd. British Queen, Evers,
Saldanha Bay.
FALMOUTH, JULY 9.—Wind W.S.W., fresh breezes.—Arrd d
Bth,
Woodbines, Skeach, Quebec. 9th, Arab, M'Lochlan, Whydah, saile
May 29. Sld. Titania, Anson, 11011,g-Kollg.
LIMERICK, JULY B.—Sid. Hornet, iledigan, St. John's, New Bruns-
wich ; Nerio, Gibson, Quebec.
COWES, JULY S.W.—Arrd Caspian, Peabody, Rio Janeiro.
LIVERPOOL, July 9.—The Mary, Sullivan, was spoken 20th ult. off
Ce oy with the pasngers of the Adeline on board, wnc vessel
foun ap
deßred, to the eastwared of the Banks s,ven days previous.h The
Aberdeen, arrived here, saw three vessels on shoreon Male Vache.
CAMPELTOWN, JULY 7.—The Dalkeith, INPFarlane, from Glasgow
to Fort William, got on tie rocks near the Mull of Kentyre sth inst.,
and will be a wreck; part of materials saved.
BRISTOL, JULY 9.—Wind W., fresh and stormy.—Arrd. Miranda,
Ball, Cape de Vents.
NEWPORT, JULY 9.—Sid. Fanny, Ayles, Grenada.
SWANSEA, JULY 8.--The Clara, of Brixham, Windsor, ran on the
S.W. part of the Mumbles Head this morning. and is likely to become
a wreck.
HULL, JULY 9.—The Sherry, in making the Dock yesterday morn-
ing
grounded at the entrance, hove off this morning with considerable
damage.
liEawicx, JULY B.—The Eleanor, Ramsay, on Goswick Sands
28th ult., came off this morning, and towed in here.
HULL, JULY 9.—Wind W.S.W.—Sid. 8, Regent
swick. , Stephenson, Mira-
michi ; Aldebaran, Turner, St. John's, New Brun
CLYDE, JULY B.—Wind S.W.—Arrd. 6, Triton, Smith, St. John's,
New Brunswick. Sid. 8. Lascar, Greets, Bombay; Sarah Botsford,
Black, Demerara.
GREENOCK, JULY 7.—The Circassian, Marshall, hence to Quebec,
put back sth inst., making 2y, feet water per hour, having sprung a
icked up,
leak 600 miles west of Cape Clear.
OOFFE, TILE WIGHT,
JlT,,,,Jrur--7.
7•--Jesse,
sAe
unao3asnhcl
,s,ef,
.n Brent,dlaßatavia.
p
On SCILLY, JULY 6.—Unicorn, New Orleans.
NEWPORT, JULY B.—A boat, about 15 feet long, with pieces of the
stern davits, and marked outside " Susan. of Guernsey," and Inside
6thG eion.stG„odlofreinyi,l'e'
spashist.ewd, lodtatci e
Eddystone,
tdhy
bbyo
itioon,i
eais.,
LIVERPOOL, JULY 9.—Wind N.N.W., fresh.—AiTd. Mary, Trailer,
Sierra Leone ; Georgia, Collins, Savannah ; Tenessee, Young, Char-
leston ; Aberdeen, M'Grath, Quebec ; Washington, Wilkie, Quebec ;
Glance, Spitall, Montreal ; Oratava, Teneriffe; Scio, Warrior, Alex-
andria. off Port, President. Std. Lady East, Goldsmith, Penang;
Favourite, Mauritius ; Challenge, Africa; Mononghalela, Julius,
Philadelphia.

DUTCH AID FLANDERS MAILS
DUTCH FINANCE.
THE HAGUE, Juuv 7.—The bulletin of the laws contains in
its last number a royal ordinance, fixing at 5,035,203 fiorms,
the capital destined for the reimbursement of tiAenty-six new
series of the Four-and-a-Half per Cent. bonds of the late
Syndicate. The reimbursement is to take place on the lst
of August, after which day these bonds will cease to bear in-
terest.
" The holders of the bonds which are to be reim-
bursed, may present themselves on the Ist of August and fol-
lowing days, at the office of the agent of the Minister of Finance
at Amsterdam, to deliver their bonds, with all the coupons, the
first of which falls due on the Ist of October, 1845, on the de-
livery of which they will receive the capital, with four month's
interest.
" The Minister of Finance is charged with the execution of
this decree. (Signed)
" The Hague, July 5, 1845.
"6 The Minister of Finance,
(Signed) " VAN HALL."
BRUSSELS, JULY 7.—A daring robbery was committed
yesterday at eleven o'clock, while Gent,ral Tom Thumb was
exhibiting in the hall of the Philharmonic Society. 'I he pre-
sents which Tom Thumb had received from several foreign
courts were in a box on a table near his chair ; an adroit thief,
watching his Opportunity, stole a diamond pin and other arti-
cles, sallied at 2,500 francs. Happily the presents of the Pre-
sident of the United States, of Queen Victoria, of King Louis
Philippe, of the Duke of Devonshire, and of the Countess
Lazaroff, were not taken.

THE MURDERERS of Mr. PALMER.
PLYMOUTH, JULY B.—The ten men (eight of them calling
themselves Brazilians and twe Spaniards) charged with the
murder of the above unfortunate and promising officer and party,
were examined at the Plymouth Guildhall this day. Although
the intention of having the prisoners examined a the
Guildhall was rot generally known; the Gutildhall
was crowded with parties anxious to catch a view of the mur-
derers. Mr. Eastlake, the Crown solicitor, appeared on behalf
of the prosecution. The prisoners had the evidence interpreted
to them, and Mr. Collier, the Portuguese consul, and 3lr. Lus-
combe, the Spanish consul, attended by professional assistance,
watched the case on behalf of the prisoners.
From the opening statement of Air. Eastlake, it appeared
that the jurisdiction of the magistrates was under the 7th
and Bth Victoria, which continued the powers under the 7th
Geo. IV., relating to offences committed on the high seas,
and tor the more speedy trial of the offenders. The object of
asking the magistrates to commit the prisoners on the capital
charge was to have them tried either at the Castle of Exeter
or at the Central Criminal Court, as the Government might
determine. 4tThe locus in quo was on the coast of Africa, at a
place called Lagos, near the Bight of Benin, and the time
February last. The details of the entire case were of the most
dreadful description. It appeared that on. the 27th Februry
the boats of the Wasp boarded a suspicious Brazilian vessel,
called the Felicitade, which, being found fitted for slaves, was
taken as a prize. Very soon after another very suspicious
vessel was descried, which proved to be the Echo, having a
cargo of 434 ( who had been 48 hours without food) on board.
Lieutenant Ftupart, who was in command, took charge of the
Echo, and directed Mr. Palmer and nine men to take charge of
the Felicitade, into which ship nine from the Echo were re-
moved. The next thing that Lieutenant Stupart heard of her
was, that she had been recaptured by those on board, but he
little deemed that the awful tragedy which would be detailed in
evidence had been committed. The Felicitade hove in sight of
the Echo, and communicated the intelligence just stated; but
being a faster sailer, made off. Fortunately, however, tin
Star within a very short time recaptured the Felicitadet
then sailing under an assumed name, and the appearance
of her decks were such as left no doubt that a horrible con-
flict had recently taken place. About four-and-twenty hours
after the prize had been taken, three men volunteered a state-
ment, to the effect that the slaver ws really called the Felici-
tade, and had been previously taken by a midshipman and party
of nine men, who had all been murdered by the crew of the
slaver. A book was found on board bearing the name of Lieu-
tenant Stupart, of the Wasp, and this left no doubt of the cor-
the evidence offered by the
na prepdr ot
vheer utmosts. A s
degreeif the
tragedy which had taken placedwas not sufficiently complete, the
gallant officer who wasplaceitacdoemnsTand of the slaver the
ntiallyadpbmekned up by thei
second time, Lieutenant Wilson,
of suffering• terrific storm, was over-
act, and Lieutenant W i
o the . men,danoe were twenty days
on a raft, exposed
~..t e
saw
greatestno less thanefivres and momentarily
expecting death. He of. his men fall off
The FF..lic.lleistneangelt,e wdpiutrrhoi ri,
providentially
eas
therait, but was agallantt
officer, though he h
rectness of
Cygnet. The
sucient recovered to be presente thatunder day.
Lieutenant Stupart, of examination at
eeding y
er I the time the post left.
~......_t_..T.L...2

THUNDE STORM AT HAITRE
A storm of thunder
.
and lightning burst over Havre on Sunday night, about twelve
o'clock, and lasted uhtil five the next morning, A copious rain
accompanied this storm, which extended to Bolbec, where a con.
sidetable quantity
of hail fell, and broke u
R
upwards of 2,000 panes of
glass. A number of trees were also uprooted.
PRESENTATION OF THE CALCUTTA ADDRESS TO THE
Queen and Prince
QUEEN.—When Dwarkanauth Ta, ore paid his first visit to this
country, he was honoured by
being made the medium through
which the city of Calcutta received a very
great and well- appre-
Albert, of their full-length portraits. These have been placed in
the Town-hall of Calcutta, anti are represented to be admirab:e
likenesses of the royal donors. In
.acknowledgment of the honour
thus conferred, the inhabitants of
' the City of Palaces" unani-
mously voted an address to theSoverei , and took the oppor-
tunity of Dwarkanauth Tapr!,a second_
Tagore
to this country to
have it presented to her Majesty. warkanauth Tage was
honoured on Nonday with an au d.D Dime of the Queen and
Prince Albert, when he presented the Calcutta Address, which
was most graciously received by tier Majesty. At the same
time she condescended to prolong the interview by expressing the
warm interest she felt in her Indian
dominions, and by making
numerous inquiries relative to them,_ NViliCh allowed considerable
f.miliarity with the subject. I
I Majesty and Prince Albert
closed the audience by presenting Dwarkanauth Tagore with their
miniatures, exquisitely copied from the well-known portraits by
Winterhaulter. The condescending kindness of the Queen and
her illustrious consort has left a deep impression on Dwatkanauth
Tagore's mind, and he is very sensible of the honour which his
Sovereign conferred upon hire. o Monday evening he had the
further honour ofjoining the royal party at the Palace, and of being
introduced by the Queen to her illustrious relatives the King and
Queen of the Belgians, both of whom expressed a livelj interest to-
wards ladle.— Advertiser.
ROYAL SANTrAGO I‘IINING COMPANY.—At Itie
meeting of the Proprietors of this Company yesterday, a dividend
of 11. 100, per share (amounting to 10,500/.) was declared.

PANORAMA OF ATHENS.
Mr. Burford has just produced a spendid panorama of this
city, celebrated not only for its arts and science, but for the
most magnificent site perhaps ever selected for the capital of
a country. It is a remarkable proof of the taste displayed by
the ingenious, refined, and learned Athenians, that even in the
infancy of the state, they should have displayed such judg-
ment in fixing upon this spot for a city, whose fame was to
eclipse all others, whether as regards its temples, its public
buildiugs, or the celebrated men to whom it gave birth. The
view is taken from the hill of Musteus, near the singularly strik-
ing monument of Philopappus. Froth this spot a most excellent
prospect is obtained of the Acropolis and of the surrounding
plain. On the summit of the Acropolis are seen the far-
famed ruins of the Parthenon, splendid even yet, in their last
stage of decay, and on either side on the plain below, in
singular contrast, the modern city of Athens, and the elegant
palace, lately erected by King Otho for his residence. Looking
around we have distant views of the lEgean Sea, the Port of
Piraeus, and the islands of Salamis and Corinth, the prospect
being closed by Mount Parnes and the snowy range of the
Cythaertm. The celebrated Pnyx, the beautiful Temple of
Theseus, the Areopagus, the River Ilyssus, now a mere rivulet
—and, in short, almost every place and monument in the
neighbourhood of the Acropolis, celebrated in verse or in his-
tory, is rendered in this panorama directly from nature. The
whole is painted with consummate art, the nearer objects
being relieved with almost magical effect, and the more distant
painted with that soft and tender touch which so well imitates
nature. The varied effects of light and colour on the surrounding
hills contrast finely with the quiet tone which pervades the
greater part of the level, and with the cool tints of the distant
tea. Altogether this is one of the best painted panoramic views
Mr. Burford has hitherto presented to the public.

Yesterday a ballot was taken at the East India
House for the election of a Director, in the room of Major. General
Sir Jeremiah Bryant, C. 8., deceased. At six o'clock the glasses
were closed and delivered to the scrutineers, who reported that the
election had fallen on the Hon. William Henry Leslie Melville.
BRIGHTON, TUESDAY.--Lady Ward, J. S. Drax,
Esq., M. P., and Captain Kelly, R.N., arrived here this day
by the racket Magnet, from Dieppe.

LAW INTELLIGENCE
COURT OF EXCHEQUER, July 9.
Nisi Prius Sittings in London, before the LORD CHIEF BARON
and a Special Jury. )
HAYWOOD V. IVI'DOWALL.
This case involved a question of some importance between
he compositors and master-printers, namely, whether the
former, when working by " the piece," were entitled to have
that description of printing work, known as " appeal cases,"
" cast up" at Si. a thousand, or at 7d., the compositors con-
tending for the larger, and the masters for the smaller sum.
The case was commenced yesterday, and resumed this morn-
ing at the sitting of the Court.
After some witnesses had been examined on behalf of the
plaintiff,
The CHIEF BARON interposed, and observed that since the
case ws opened last evening, he had given some consideration
to the subject-matter of the action, and it struck him as quite
clear that the jury could do nothing more than decide whether
the plaintiff ass entitled to the sum of 21. or 31, for which
this action was brought. Whether the compositors, as a body,
should receive 7d. or tid. a thousand, would remain as much an
open qm stion after the verdict as it was before the action was
brought.
One of the jurors observed, that in his opinion no evidence
had yet been adduced by the plaintiff to establish anything like
a custom.
The LORD CHIEF BARON said that no verdict could pre-
vent the masters from refusing to give more than 7d. a thou-
sand to-morrow, or the workmen from refusing to work under
Bd. The good sense of the matter was that the parties
should mutually agree beforehand at what price the work was
to be done.
Mr. MARTIN, on behalf of the defendant, was ready to ac-
cede to any suggestion his Lordship might throw out.
The LORD CHIEF BARON said the action, no doubt, was
brought bona fide. It was a pity so much expense should have
been incurred ; but, in his opinion, the proper course was to
withdraw a juror.
Mr. Sergeant TALFOURD said, the gentleman who in-
structed him for the plaintiff was, in fact, acting for the body
of printers, and felt a great difficulty in taking on himself the
responsibility of adopting the Chief Baron's suggestion. In-
debted to, and as he might say, personally bound as he
(Sergeant Talfourd) was to this body of workmen; he felt,
after the intimation thrown out by the Learned Judge and
the jury, that he could not refuse to accede to the sugges-
tion, and that he might take upon himself the responsibility.
With mutual expressions of respect and goodwill, a juror was
then withdrawn, and an arrangement made for entering a stet
processus in similar actions brought by other workmen against
the same defendant.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before Mr. Justice WILLIAMS.)
George Hiclanott, :30, butler, was indicted for felo
niously forging and uttering an acquittance or receipt
for the payment of IL 145., with intent to defraud
Abraham Wilday Roberts.
Mr. CLARKSON said he had just communicated with
his client, and as he could not hope to struggle success-
fully against the facts that were to be deposed to by the
witnesses for the prosecution, he would, with the per-
mission of the Court, retract his plea of not guilty.
The plea having been recorded,
Mr. CLAnKsort said he believed he should be in a
position to show the Court by respectable testimony that
the prisoner, up to the time of the transaction, had borne
a most unimpeachable character. He believed he had
been led away by other parties.
Mr. BODKIN reminded the Court that there were three
other indictments against the prisoner.
Mr. CLARKSON said he believed that the extent of the
dcfalcations of the prisoner was not more than 131.
altogether.
Mr. Roberts said the amount was much larger than
that stated by the Learned Counsel, but this was not so
much the consideration, as the feeling that his duty to
the public required him to prosecute in a case which he
considered one of great breach of confidence. The pri-
soner was entrusted with cheques to pay the trades-
people, and his i.ractice was to keep the amount and
forge the receipts of the parties. The prisoner received
a most excellsnt character when he came into his service,
and he believed he had been induced by parties to bet
upon horses and horse-races, and this had led him into
difficulties.
Mr. Justice WILLIAMS said he should consider what
sentence crefht to be passed upon the prisoner.
Challes L'halk, 38, was indicted for felcMiously killing
and slaying his son, George Chalk.
There was not the least evidence in support of the
charge, and
Mr. Justice WILLIAMS directed the jury to return a
verdict of Not Guilty.
William Warren, 26, shoemaker, was indicted for
feloniously cutting and wounding Sarah Warren, with
intent to murder her.
The facts of this case have already appeared in our
police reports.
Mr. Justice 'WILLIAMS having summed up, the jury
bland the prisoner guilty of a common assault.
The Learned Judge, after seine appropriate obssrva-
Lops, sentenced the prisoner to three months' imprison-

ment.
Anthony Aldred was indicted for forging a receipt for
the sum of 205., with intent to defraud Edward Cooper.
It appeared that in June last the father of the prose-
cutor received a letter which purported to be written by
his son, and in which he was requested to send him a
pn t othee order for 205., to No. 93, Tower-street,
13Lekfriars-road. The order wai sent, and was proved
to have been received by the prisoner, who signed the
name of the prosecutor to it, and received the money.
The jury found the prisoner Guilty, and a previous
conviction for felony having been proved against him, he
was sentenced to be transported for fifteen years.
(Before Mr. Baron ALDERSON.)
Henry Lowden, a news-agent's boy, was convicted of
uttering a forged request for the delivery of four quires
of the Pictorial Times newspaper, with intent to defraud
Andrew Spottiswoode.
Thomas King and John Couitnay were also convicted
of a similar offence.
Mr. Baron ALDERSON sentenced all the prisoners to
be kept to hard labour for two years, but intimated that
in the cases of Courtnay and Ring, who had received a
good character, that some mitigation of the sentence
might be granted.
Mary Calland,l9, was convicted of stealing a 10/.
Bank of England note, the property of Marie Quentin,
her mistress. •
She was sentenced to be transported for ten years.

SURREY SESSIONS.
Guidford, July 9.
(Before Mr. Pucree and a full Bench of Magistrates.
Charles Henry Viscount Dillon was indicted for unlawfully
assaulting George White, a toll-collector in London, on Sun-
day, the Bth ult. There was a second count charging the
nobb defendant with a wanton assault.
Mr. Wallinger attended as counsel for theprosecution, which
was instituted by the lessees of the turnpike trusts, in whose
employment the prosecutor is engaged ; and Mr. Ballantyne
and Mr. Knapp, on the part of the defence.
Mr. %% Olinger briefly stated the facts of the case, and then
called
George White, who stated that he is a toll-collector, and
that on the night of the Bth ultimo he was engaged in col-
lecting the Sunday tolls, at the Kent-street-gate, in the Old
Kent-road. That about eleven o'clock on the night in ques-
tion he heard the blowing of a horn, and that shortly after-
wards a carriage and four, with lamps, came along, and on ar-
riving at the gate he called out for the toll. The gentleman,
however, who was driving, paid no regard to the intimation,
and as he seemed determined on passing through without pay-
ing, he t prosecutor) then seized the reins of the near-wheel
horse. The moment, however, he did so, he was struck
several times over the hat and on his shoulders by
the driver, who was Lord Dillon himself. The blows
were very sharp, and he saved being struck in the face by
holding down his head, and having two coats on at the
time, he suffered no injury from those inflicted over his
back. After having been assaulted in the manner described,
the set vent then got down from behind the carriage, anti his
Lordship said, " Pay him the toll, for he has got a good eight-
pennyworth." Prosecutor then let go the reins, and the ser-
vant, instead of haying the toll produced,a ticket. which he
was told did not clear that gate. Lord Dillon then called out
to his servant to give his name and address, after which the car.
riage was driven through the gate, the toll not having been
tendered at all.
In answer to the CHAIRMAN, the prosecutor said, that when
his Lordship found that he had hold of the reins he pulled up
the horses, hut he (prosecutor) was dragged about twenty or
thirty yards before the animals stopped.
Mr. Walton, one of the lessees of the turnpike trusts, was
called for the purpose of proving that the prosecutor was ap-
pointed by the Commissioners of Pavements, and that he had
been for some years in the situation.
An objection, however, was then taken by Mr. Ballantvne
on the ground that it was not proved the prosecutor was a
collector of tolls, as averred in the first count of the indictment,
i
his appointment n writing specifying that fact not being laid
before the Court.
A long discustion ensued on thispoint, which was eventually
decided in favour of the Learned Counsel's argument by the
CHAIRMAN, who observed, that as the objection was held good,
the defendant was therefore only liable on the second count in
the indictment, namely, that fur the common assault, and that
the case was to be treated in the same way as that of any other
person not a toll collector seizing the reins of the horses wale
the circumstances above described.
Mr. BALLANTYNE said that his objection being ruled a
valid one, he trusted therefore that the case would stop wl ere
it was, for he could assure the Court and jury, on the part d
Lord Dillon, that his Lordship regretted the circumstances