The Sun.
London, England, 1845-01-14 00:00:00

THE StrN, LOND'ON, TUESDAY MORNING, JANUARY 14, IMS,

modifies rise and fall under the law of supply ,
and demand, and let a national note represent
national taxation. By these means we should,
firstly, prevent the export of gold; secondly, we
should secure the export of goods instead of
gold ; thirdly, we should enable the producer of
commodities to charge the taxes added to them
to the consumer, and thus throw the burden of
the revenue from the shoulders of labour on to
the shoulders of property; fourthly, we should
effectually stop decline of prices and those gluts
and panics which are solely caused by sudden
contractions of the circulating medium. -Wages
and profits would be high and steadily high ; the
home trade, as well as foreign commerce, would re-
ceive an impulse and an invigoration which would
animate every branch of industry ; and society, in all
its grades, would possess the best guarantees for
order, peace, and happiness.

THE BISHOP OF EXETER AND
HIS CLERGY.
(From the Exeter Gazette of Saturday.)
. .

We have been favoured with the following important
letters, which will be read with peculiar interest :
" Bishopstowe, Jan. 8, 1845.
" Rev. and dear Sir,— I request 3ou to communicate
to the clergy t f your deanery, with as little delay as
shall be convenient, the accompanying letter, addressed
by me to all the clergy of my diocese.—l am, rev. and
dear Sir, your faithful friend and brother,
" H. EXETER.
" The Rev. J. Armstrong, Dean Rural of Exeter."
" TO THE CLERGY Of THE DIOCESE OF EXETER.

" Bishopstowe, Jan. 8, 1845.
" Rev. and dear Brethren,-1 have this day had the
gratification of receiving from his Grace the Archbishop
a copy of his Letter to the clergy and laity of the pro-
vince of Canterbury.'
" That letter leaves me under no difficulty how to act.
Not only in deference to his Grace's authority, but in
most willing concurrence with the sentiments which he
has expressed, I thankfully accept the prospect of an
adjustment of our present diversities by some general
measure which shall have the sanction of the whole
Church. In truth, I feel that I could net more effectu-
ally labour for the great object which I have had at
heart—the restoration of certainty and vigour to the law
of the Church in all that relates to our public worship—
than by now relinquishing my own separate endeavours,
and merging them in that common effort which his
Grace has announced his intention to promote, when
the way shall be prepared for a final settlement.'
" Meanwhile, I advise you all to act in conformity
with the views so plainly set forth by the Archbishop ;
that is, to continue the services in your several churches
as they now are, making no attempt to approach nearer
to an exact observance of the rubric, unless you shall, in
any instance, ascertain that the wish of your people is
is clearly in favour of such an advance.
" One reservation I must, indeed, make, though I hope
it is unnecessary. If the practice in any parish at pre-
sent prevail (I know not that it does) of omitting or
garbling portions of the offices of the Church—especially
the offices of baptism and burial—by reason of objection
to the doctrines therein involved, or of introducing
prayers of private composition, either before the sermon
or elsewhere, such violation of the Church's law must
not lay claim to indulgence.
" And now, in addressing you on this occasion, most
probably for the last time, let me express my deep sense
of the value of that support which I have received from
the great body of my clergy, and of the warm and affec-
tionate sympathy evinced by very many of you, under
circumstances of no common trial. These are matters
of grateful and enduring remembrance. If there have
been some instances of an opposite feeling (as I am
bound in sincerity to add there have been some, however
few), I assure those who have exhibited it that they will
not, in our future intercourse, experience any unpleasing
recollections of it on my part ; and if', on reflection,
they shall as readily forgive themselves as I forgive them,
I wish that they may have formed a right estimate of
what their duty has required, and may hereafter require
them to do.

"This last is a subject on which I would not dwell.
But I am desirous of saying, with reference to some in-
dividuals of high station, on whose public conduct I
deemed it necessary publicly to remark, that I rejoice to
believe that there was much of misapprehension of
motives—something, it may be, of mistake of facts.
"In respect to one eminent person, in particular, I
cannot doubt the statements made by him of his own
actual conduct ; it is plain, therefore, that the terms in
which he had claimed a right to act and speak, in resist-
ance to the lawful order of his Bishop, were not intended
by him to imply (for he since expressly denied) that he
had exercised that right, as his words themselves induced
me to conclude.

Of all the harassing and painful incidents of the last
few weeks, these personal conflicts have been by far the
most harassing and painful. May they, henceforth be
as if they had never been. But, whatever may have
been the temporary results, I do not and cannot regret
that I deemed it necessary publicly to assert those pi in-
ciples of Church authority which it is alike the duty of
all of us to recognise and to inculcate. The very vehe-
mence with which the assertion of them has been re
sisted, proves, if proof were necessary, the necessity of
their being asserted, and of our never suffering them to
fall into oblivion.

" In conclusion, I congratulate you on the prospect
of those principles being, ero long, practically asserted
and enforced by our Rev. Primate ; and thus of his
effecting. if it be God's good pleasure, a final and peaceful
settlement of questions which (inconsiderate as, for the
most part, are the subjects of them) must be settled, if the
Church of England is to continue to us anything better
than an empty name.
" I am, rev, and dear brethren, your affectionate friend
and brother, " H. EXETER."
We have just learned, from the best authority, that
the Bishop has receiv, d a letter from the Archbishop
of Canterbury, calling upon him to retrace all his steps,
till the constituted authorities have deliberated on the
subject of " the diversitiai."— Western Times of Friday.

SIR JOHN COPB'S Fox HOUNDS.—A very nume-
rous field were at the meet of this crack Berkshire pack.
on Saturday last, which took place at the seat of Mr.
Clayton, about five miles from Maidenhead, where an
elegant luncheon was given by the liberal host to a large
party of friends. A fox was soon started in the covers
of Mr. Clayton, and killed after a short burst. The
covers at Bray Wood, near Hare Hatch, were then
drawn, and a fine fox unkennelled, which, after running
a four-mile ring, at a racing pace, took away to Knowles-
hill, across Mr. Clayton's covers, and was killed, after a
beautiful forty-one minutes' run, near the Coach and
Horses, at Maidenhead Thicket.
LIBERALITY OF THE BRAZILIAN GOVERNMENT.—
The Brazil:an Government has issued a decree, dated
November 15th, relieving foreign vessels that may ar-
rive at any of the Brazilian ports, in ballast, from ton-
nage dues. This measure has given much satisfaction
here, as being calculated to promote a constant supply
of vessels for the conveyance of produce thence, aim:
thus relieve shipowners from what previously was a
heavy tax upon them.—Manchester Guardian.
THE NEW METROPOLITAN BUILDING ACT.-01.
Saturday morning a number of tenants of kitchens in the
parish of St. Mary-le-Strand were ejected under the
provisions of the New Building Act, which prohibits the
letting of kitchens or cellars as residences, unless pro-
perly drained and ventilated. Many of these wretched
abodes were only approached by cellar flaps from the
street, and without windows.

LONDON SESSIONS.—On Saturday an appeal was
heard on behalf of a waterman named Young, against
the conviction of the Lord Mayor, arising out of
the rules and regulations of the Waterman's Com-
pany. Mr. Ryland, who appeared on behalf of the
Lord Mayor and Court of Aldermen, said that the ap-
pellant, who resided at Deptford, did work and navigate
a craft, he not being a freeman of the Waterman's Com
pany. There was involved in the present proceedings a
very important question of law—namely, whether the
Elder Brethen of the Trinity House possessed the power
to license persons not free of the Waterman's Com-
pany to do everything which it was lawful for a free
waterman to do. After many arguments pro and con,
by Mr. Clarkson, who appeared for the appellant, and
Mr. Ryland, the Recorder said that persons licensed by
the Trinity House were removed from the control of tho
Court of Aldermen, therefore the appeal must be con
firmed. They were deciding against their own pri•
vileges, but that could not be avoided. Appeal con-
firtr ed.

ANOTHER COLLIERT EXPLOSION.—A Correspondent
informs us that, soon after the workmen entered the
Eaglesbush colliery, belonging to Messrs. Penrose anti
Evans, on Saturday last, a terrific explosion of foul
air took place, by which nine men were most severely
scorched.— Cembrian.
DEVONPORT DOCKYARD.—Eighteen smiths are
ordered from this yard to Portsmouth, and eight to Pem-
broke; and six were superannuated yesterday (Friday).
Four plumbers have been temporarily hired, in conse
(pence of the great increase of work attendant on the
fitting out of so large a number of ships.—Detemper
Independent.
Sir John Lowther, Bart., M.P., Sir John Simpson,
Sir William Stephenson, the High Sheriff of Yorkshire
the Lord Mayor of York, and a numerous body of in-
fluential gentlemen connected with the county and city
of York, have undertaken to direst a grand National
Archery Meeting, which is to be open to all England.
Scotland, and Ireland, and is appointed to be held at
York in the month of June next.
JOHN TAWELL.—It is stated in the Historical Re-
gister of this week that the crime for which John
Tawell was transported was the having in his possession
a forged Bank of England note, knowing it to be
forged. Ile was indicted for forgery at the Old Bailey
during the February sessions of 1814, was permitted to
plead guilty to the minor offence of feloniously possess.
ing a forged note, and was sentenced to fourteen years'
transportation.
SERIOUS ACCIDENT.—OH Friday mcrning, a serious
accident occurred at the machine-shop of Mr. John
Atherton, Preston, by which Robert Boat dleY
was in-
jured. He was a "grinder," and at the timt, of the acci-
dent was seated near a large stone, grinding. studs fur
power-looms. To increase the speed of the
stone, he
had, a short time previously substituted, unknoava to his
employer, smaller sized pullies far those he hacl been
using, by which the speed was so much incr eased. as to
overcome the attraction of gravitation, and the stone
separated into three pieces, one of which w as throws.
with great force against the wall of the bui
lodging several bricks, and otherwise injurinp ; it. Ano-
ther piece carried the unfortunate man to th a ceiling of
the workshop, against which he was dashed. fie to ceived
serious injuries on the head, the scalp bein. r dreadfully
lacerated, and there is little probability of I its re, ,overt'.
The stone was ten inchesethick, five and a ha If feet
in diameter, and about two tons weigho q; feaster
Guardian.

SPIRIT of the PUBLIC JOURNALS.

FROM THE EVENING PAPERS OF YESTERDAY.
GLOBE.—Sir Robert Peel's prospects for the
coming session are by no means of a cheering kind.
A storm is brewing which will require all his skill in
State-pilotage to weather. The Ultra-Protestant
party in Ireland—dissatisfied and alarmed by the
indicated policy of the Government, so contrary to the
expectations they had been led to entertain of the
course which would be adopted by the Right Hon.
Baronet when he supplanted the Whigs—have been for
some time preparing for a decisive movement, by which
their sentiments would become fully known and under-
stood. The first step has been taken ; and will, it
is understood, be followed by others equally explicit.
Nine out of the fourteen Bishops of the Irish
Church have united in a protest against the Na-
tional System of Education in Ireland. The Right
Rev. Prelates who sign the document thus place
upon record the reasons of their own opposition,
and the necessity which impels them to seek the
co-operation of the clergy and laity of their Church,
in endeavouring to procure the abrogation of the system
they thus condemn, at the hands of the Government.
The Prelates who head this formidable movement
are :—'lke Lord Primate, the Bishop of Kildare,
the Bishop of Clogher, the Bishop of Kilmore, the
Bishop of Down and Connor, the Bishop of Cork
and Cloyne, the Bishop of Killaloe and Clonfert,
the Bishop of Ossory and Ferns, the Bishop of
Cashel and Waterford. The Bishops whose
names are not affixed to it are ;—The Archbishop
of Dublin, the Bishop of Meath, the Bishop
of Limerick, the Bishop of Tuam, the Bishop of
Derry. The Bishop of Limerick is resident abroad, in
consequence of ill health. Whether the Right Rev.
Prelate would have concurred in or dissented from
the act of the majority, is, therefore, not known.
Three of the dissentients were created bishops under
the Whig Government. Dr. Stopford is a Conserva-
tive, of the moderate school ; and at the time of
his elevation to the Bench was known to enter-
tain views on the National System of Education in
harmony with those avowed by Sir Robert Peel
since his accession to office in 1841. 'When leader
of Opposition, the Right Honourable Baronet deemed it
expedient to veil his views by the adoption of lan-
guage so ambiguous that, like the answers of the
ancient oracles, it would bear any interpretation
which subsequent circumstances might render
necessary, without exposing the utterer to the
charge of direct falsehood. The High Church
party in Ireland inferred, from the Premier's care-
fully-studied ambiguity of phrase, when the ques-
tion of National Education in Ireland was dis-
cussed in Parliament, that he lacked nothing but
the opportunity to gratify their wishes with refe-
rence to the constitution of the obnoxious Board,
and the system of education which was conducted
under its superintendence and control. The disap-
pointment, not to say mortification, of the party-
expectant, when the Premier's policy indicated a
disposition respecting this question the direct re-
verse of that which, they supposed, from his con-
duct in Opposition, he would adopt, has been
often embodied in words. They saw with dismay
an increase of the Parliamentary grant, proposed by
the Government in the last session to extend the
operations of the system which they fondly ex-
pected would be curtailed, if not withdrawn. Their
consternation was immense. The intimations also
given by Sir Robert Peel respecting Maynooth,
which implied that an increased grant to that semi-
nary will be proposed to Parliament by the sanction
of her Majesty's Ministers; added to which, that
the constitution of the University of Dublin will
be placed on a more liberal basis, by which certain
Professorships to which Protestants only are now
eligible, will be thrown open to Catholics, have
produced such a shock to the sensitive orthodoxy
of Irish Protestants, especially of the sacerdotal
order, that " remonstrances," " demonstrations," and
" protests," against a policy " manifestly injurious to
the interests of Protestantism," will be sent forth.
Fulminations, characteristic of the furor which ani-
mates the remonstrant-Protestant Bishops—though
couched in the subdued language which Churchmen
are wont to adopt when most wrathful—are scat-
tered throughout the document, which we publish
extenso in another column. Of this document,
the Dublin Mail (the organ of the most powerful
section of the Irish Tories) says :—" The paper itself
is drawn up with con,ummate ability and spirit. It
is, in its nature, at once a firm and independent Re-
monstrance with our Protestant Government, and an
honest, uncompromising protest against the errors,
superstitions, and tyranny of the Church of Rome.
It is worthy of the earliest and best days of our Re-
formed religion; it is an honour to those later times,
when the policy of the State would depress,
but cannot subdue, the spirit which ani-
mated the Fathers f our Church." We need
scarcely say that we have no sympathy with
the Episcopal protesters; although we can readily
excuse the apprehensions of diminished influence they
so strongly express. The questions with which the
Government of Lord Grey, with whom the system of
National Education in Ireland originated, had to deal,
was, " Shall the great majority of the Irish people
continue in ignorance, and all the consequences of that
deplorable ignorance be perpetuated among them ? or,
Shall such a scheme of national education he adopted
as will comprehend the mass of the people ?" By
enabling them, consistently with the prejudices of creed
and the hostility of party, engendered by rival churches
to embrace the advantages of secular education, leaving
religious instruction to their clergy, a powerful ma-
chinery for breaking down the barriers which had
been long interposed between the brutal ignorance
and consequent vices and demoralization of the Irish
peasantry, was set in motion. The objections of the
Roman Catholic clergy were removed ; and the people
began to appreciate and allowed their children to
receive the benefits which the Government had wisely
undertaken to supply. It is to be lamented that
sectarianism in high places should have impeded the
progress of the system ; much more so, that the
timidity or dishonesty of Sir Robert Peel, when the
leader of Opposition, should have induced such a
demonstration against his adoption of the system, as
that at the head of which the majority of the Irish
Bishops have placed themselves. This movement
must embarrass, if it do not actually check, the power
of carrying out a liberal and enlightened policy in his
government of Ireland.
STANDARD.—The Irish journals received this
morning are unusually affluent in interesting docu-
ments. They present, in the first place, the resolu-
tions of the Irish Bishops upon the Education ques-
tion ; a paper, the consideration of which we will
take leave to postpone for an opportunity when it will
not be placed in contact with subjects and parties less
dignified than its subject and its subscribers. Se-
condly, the concluding instalment of Mr. O'Connell's
letter to Bishop Cantwell. Thirdly, a bona fide letter
addressed to Archbishop Crolly, by the Roman Col-
lege of Propaganda, at the special instance of the
Pope. Mr. O'Connell's concluding instalment is heavy
and perplexed. It manages to carry on objections to
twenty-secondly, by constantly ringing changes on
the same topic, and, by why of excursus, thirteenthly
shoots out side branches, to the number of firstly,
secondly, thirdly, and so on to sixthly. It is useless
to remark upon such a lumbering sample of elaborate
prolixity as nobody will read. Mr. O'Connell's array
of twenty-two objections, with satellites, is the
clearest possible proof that he has not one
valid objection to offer. The man is too cunning
to dilute one such, if he had it, with twenty-one
others that are either mere repetitions, or absolutely
without meaning. The letter from the College of
Propaganda abundantly proves two things—viz., that
the Pope has the will, but has not the power, to arrest
the Irish agitation. It appears from this letter, that
in March, 1839, nearly six years ago, the Pontiff
addressed the Irish Roman Catholic Bishops
through this same College of Propaganda, vehe-
mently exhorting them to reprove such of their
brother bishops, and such of the priesthood has had
embarked in political agitation, and to bring them by
persuasion to more sane counsels. Now the whole
world knows—and indeed the last letter of the Pro-
paganda confesses—that the admonition of 1839 was
utterly inoperative; and what reason is there to sup-
d
hp
eo soen thate j o t tmorehe a
ed
gmeoent tai sup-
on
fo ft h
eO cstpoibrei
tr ,
01f841843,
9w
con-
tinued ln
tinned ? The spirit of 1839 is, however, happily ex-
piring, in some degree, because of the overthrow, of
the chief incendiary by the Attorney-General for
Ireland ; in still greater measure because of the ex-
traordinary prosperity with which, under Providence,
Sir Robert Peel's Government blessed the island. The
Papal admonition of 1839 is now, we believe, for the
first time made public. If we are correct in this
opinion, its long concealment is deserving of con-
sideration. 'Why did not the Romanist bishops make
the admonition public ? Without pretending to hold
a very high opinion of these gentlemen, we must
give them credit for so much common sense as
enables them to see that they would gain nothing,
but must lose much, by an anarchical jacobin
revolution, though prosecuted under Romanist co-
lours. They must be perfectly of one mind with
the Pope in this respect, and, in their secret con-
science, as inimical to the repeal agitation as his
Holiness. Why, then, did they suppress the letter of
March, 1839, if, as our impression is, it never was
made public ? The plain answer is, that they did
not like to expose the Pope's authority, and their
own authority, to contempt, by making public a
document, upon which either they could not dare
to act or could not hope to act successfullly. We
c,:iallenge any other explanation. How happens
it then that Archbishop Crolly and his brethren
now venture to obey the Pope, and even hope that
their own subordinate authority will be respected ?
Ask the Right Hon. T. B. Smith, or Sir Robert
Peel, they are the parties who have so far rescued the
country from an insane anarchy, as to allow scope
for the course of civil and peaceful influence
whether having, or not having, legal authority.
In 1839, Ireland was enjoying the blessings showered

upon her by the Mulgrave Administration, and
then no Roman Catholic Archbishop or Bishop
dared to open his lips for peace, though " vehe-
mently" urged to do so by the head of his Church.
In 1844, however, after three years of " Orange
domination," as it has been called, the Roman Ca-
tholic:Bishops find themselves perfectly free to pro-
mulgate and to enforce the pacific admonition of
Rome. That this is a happy change no one will dis-
pute, and if the Right Hon. T. B. Smith and Sir
Robert Peel are not its authors, we know not to
whom it is to be ascribed.

LAW INTELLIGENCE.
COURT OP CHANCERY, Jan. 13.

The Lord Chancellor did not sit today, in conse-
quence of having to attend a Privy Council at Windsor.

VICE-CHANCELLOR'S COURT, AL 13.

The Vice-Chancellor of England, after 'disposing of
the cases of Boazman v. Cazenove, and Barrett v. the
Stockton and Darlington Railway Company, the points
of which were of no public interest, proceeded to hear
petitions, which occupied the Court the whole day.
(Before Sir J. INIGnAm.)
Lb E 11,1 PAIN ---3UDOBIENT.

His MONOUR gave judgment in this case this morning;
it was argued on several days of last term. The case
came betbre the Court on exceptions to the Master's
report. The testatrix had, by her will, bequeathed
various legacies, both to public charities in London
and to individuals, and, by a codicil of a sub-
sequent date, also bequeathed legacies to the same
parties as those mentioned in the will, in some cases of
the same amount as the first bequests, and in others of
a different amount, while there were parties mentioned
in the will who were not noticed in the codicil. Under
those circumstances, the question arose, were the be-
quests in the codicil additional and cumulative to those
in the will, or were they merely to be consi-
dered repetitioNs confirmatory of the dispositions
in the will. A reference had been directed by the
Court to the Master, to whose report exceptions had
been taken by the executors and those of the legatees
who conceived themselves aggrieved by the Master's
decision. It was on these exceptions that his Honour
now gave his judgment, overruling those taken by the
executors, and allowing such of the exceptions of the
legatees as related to well-founded claims ; the cost of
the first thirty exceptions (those of the executors) to be
paid out of the estate. O❑ the question of the costs of
the remaining exceptions. his Honour intimated to coun-
sel that he would hear them on Monday next.

COURT 01 QUEEN'S BENCH, Ja*. 13,
(Sittings in 13411C0.)
THE EARL OF CARDIGAN U. THE COURT JOURNAL.

The SOLICITOR GENERAL moved the Court i❑ this
matter for a rule to show cause why a criminal informa-
tion should not be granted against the publisher of the
Court Journal for publishing a libel on the Earl of
Cardigan, in his paper of the date of the 28th of De-
cember last. The libel complained of set forth that an
officer of a regiment now stationed in Ireland, and com-
manded by a Noble Lord, had applied for leave of ab-
sence to come to England to see his wife, who was
dangerously ill, but that his request was refused, and,
upon the application being repeated, leave was granted,
but too late, for the wife was dead when the officer ar-
rived. This was stated to be a report which,
notwithstanding the genuiness of the source from which
it was derived, it was hoped was unfounded, for they
could not believe that a gentleman or a man would act
towards another in such an unchristian or unfeeling
manner. The affidavit of the Earl of Cardigan denied
in the fullest terms that there was one word of truth in
a statement which was calculated to do him serious in-
jury in the estimation of the world. There was the
affidavit of General Brown also, who stated that there
was no regiment in Ireland commanded by a Noble Lord,
except the 11th Hussars, which was commanded by Lord
Cardigan.
Lord DENMAN—HOW is the statement denied ?
The Sommon-GENERAL—Lord Cardigan states that
nothing of the kind ever occurred at eh—that it was
wholly false and without any foundation whatever—that
no application or request was made to him by, or in be-
half of, any officer of the 11th Hussars for the purpose
alleged, or that he ever refused any such request. The
Learned Gentleman submitted that upon this state of
facts he was entitled to a rule to show cause.—Rule nisi
granted.

COURT OF COMMON PLEAS, Jan. 13.
(Sittings in Banco.)
THE KING OF HANOVER-THE CROWN JEWELS.

This morning but three of the judges sat, the Lord
Chief Justice being engaged in the Lord Chancellor's
private room, on the subject of the King of Hanover's
claim to a valuable portion of the Crown jewels, as heir
male of King George the First, whose property these
jewels are alleged to have been.

GIBBS AND OTHERS V. RING.

The particulars of this remarkable case have been
very often before the public, in the Bankruptcy Court,
in the Queen's Bench, and the Common Pleas. The de-
fendant it will be remembered obtained possession, under
a bill of sale, of much valuable property, which a Mr.
Birch, who kept a boarding-house of superior style in
Bedford-place, Bloomsbury, was alleged by a host of
creditors to have fraudulently obtained. In this Court
the creditors, after a trial ‘‘ hich occupied two or three
days, obtained a verdict against the defendant for the
whole amount of the property; and in the Queen's Bench,
under an indictment for fraud, he was convicted and sen-
tenced to eighteen months' imprisonment in the Queen's
prison. That sentence he is now undergoing, and several
months of the term are still unexpired.
Sergeant CHANNEL this day applied to their Lordships
for a writ to bring the defendantlinto this Court for judg-
ment, in the cause tried here and found against him.
The Learned Sergeant appealed to the Court to inter-
pose, inasmuch as from the commencement of the pro-
ceedings, the defendant had suffered a great length of
incarceration, and had been by this time sufficiently
punished.
Their LORDSHIPS refused the application, this not
being the proper court in which it should be made.
The other motions heard this morning were, for the
most part, motions of course, and devoid of interest.

COURT OF EXCHEQUER, Jan. 13.
(Sittings in Banco.)
GOODLIFFE V. FULLER.

Mr. COCKBURN applied for a rule to show cause why
two letters in-the possession of the plaintiff should not
be inspected by the defendant's attorney. The action
wee for breach of promise of marriage. Some time since
the plaintiff, in consequence of something which had
taken place, wrote to the defendant to the effect that if
he would return all her letters she would return all his,
and so release him from his engagement. The defendant
did not return the letters which he had received from
the plaintiff, but the latter subsequently declined to
performed her part of the agreement. One of the letters
ought to be inspected, containing the promise, on the part
of the lady, and on this account was considered neces-
sary to the defence.
The COURT doubted whether they had any power to
compel the production. The proper course for the
Learned Counsel to adopt was to file a bill of discovery
in a court of equity.
Mr. WATSON said it was not until the last moment
that the application was made.
Mr. CocxnunN said the notice of trial had been served
on the 20th of December, and in two or three days
afterwards the defendant's solicitor applied for the
letters. The letter which they more particularly wanted
was received by the defendant from the plaintiff in the
month of January, 1844. In that letter she said, "If
you begin to freeze, it is quite time that I should begin
to grow cold. If you will return my letters, I will re-
turn yours."
Mr. WATSON said he should certainly oppose any ap-
plication for a postponement of the trial. This letter
having been written in January, 1844, the action was
commenced in the October following. The defendant
pleaded on the 15th of November, and there was no ap-
plication until then.
Mr. Baron ALDERSON said he had told the parties at
chambers, that they had better file a bill of discovery.
A desultory conversation then ensued, whereupon
The LORD CHIEF BARON said, he could well under-
stand why a gentleman should delay till the last moment
the making a matter of this description public. Until all
chance of arrangement had passed away, he would na-
turally hesitate to make the affair public in two courts.
Was there an affidavit denying the existence of the
letter ?
Mr. WATSON said there was not, and in all
probability he should produce it in evidence, but he
would net undertake to do so.
Mr. COCKBURN said that was net the only letter.
Mr. WATSON said he had an affidavit, wherein it was
stated by the lady that all the letters, except this one,
were destroyed.
Eventually the Court intimated an opinion, first,
that this cause was not a proper one to be tried in term,
and, secondly, that the proper course would be to post-
pone it until the sittings after the term, the defendant in
the mean time filing a bill of discovery.

BAIL COURT,Jan. 13.

(Sittings at Nisi Prius, before Mr. Justice WILLIAMS.)

NATHAN V. HEWGILL.
This was an action brought by the plaintiff, the well
known dealer in masquerade dresses, against the defend
ant, a gentleman of Eton College, under the following
circumstances:—lt appeared from the evidence that,
on a day or two previoes to the Eton Montem, a
deputy lieutenant's dress had been hired to be worn by
the Marshal at the Eton procession. The price to be
charged was three guineas for a night, with an ad-
ditional thirty shillings if retained for the week. The
dress was not returned at the time, and in October the
defendant addressed a letter to plaintiff, stating that 393.
additional would be charged for every week the dress
was so detained. The plaintiff, in reply, stated that the
dress was in the care of a Mr. Baxter, a tailor, where it
was got by the plaintiff in October. The present action
was brought to recover the sum indebted for such deten-
tion. The plaintiff's bill of particulars stated the amount
at 271.
The jury found for the plaintiff—Damages 15/.

COURT OF BANKRUPTCY, Jan. 13.
(Before Mr.' Commissioner HOLROYD.)
IN RE E. C. MULLETT.
The insolvent, an auctioneer and appraiser, in Bridge-
street, Blackfriars, applied for his interim order, and
was opposed by Mr. Sturgem, on behalf of a Mr. Bine,
an attorney, the only opposing creditor.
The insolvent's debts it appeared amounted to some
2501., and he was in receipt of an income averaging
annually 3001. The only offer he was prepared to make
his creditors was the surrender of some doubtful debts,
amounting to above 4001.
The insolvent was examined at considerable length
with regard to the furniture in his residence in Bridge.
street, which, however, he stated belonged to his
daughter.
The case was further adjourned in order that the in-

solvent might hard leizure to make some more satisfac-
tory offer to his creditors.

INSOLVENT DEBTORS' COURT, Jan. 13.
IN RE GEORGE NESBITT.
In this case Mr. NICHOLLS applied, on the part of a
creditor named Allisson, to have the recognizances of the
insolvent estreated.
It appeared that the insolvent had been arrested in
the month of August last, when he induced a person
named Baines, the proprietor of a coffee-house in
Museum-street, to become bail, in conjunction with
another person, for his appearance at his final examina-
tion on the 28th of September. He had been engaged
in the erection of the large hall in Lincoln's Inn, and on
the day named for his final examination in the Insolvent
Court he was engaged in his usual avocations in those
buildings ; and upon his return home at night he was
asked how he fared in Court ? He said it was on the
30th of September he was to be heard ; but in conse-
quence of his not surrendering on the 28th he was now
in custody for contempt of Court, and the present appli-
cation against his sureties was made.
Mr. CooKE, with whom was Mr. Woodruffe, appeared
for the bail, ond said that the insolvent had been engaged
during the entire day of the 28th of September, in Lin-
estln's Inn, and wholly forgot the circumstance of his
having to attend in this Court. Ile had no intention of
disobeying the Court, but acted solely through forget-
fulness, and he (Mr. Cooke) contended that by the 38th
section of the Act, the Court had an equitable power in
cases like the present, where the parties acted through
inadvertence. _ _

Mr. WOODRUFFE being heard on the same side,
The COURT held that a man's forgetfulness, according
to the term and spirit of the Act, could not be termed a
" legal impediment." The recognizances must be de.
dared forfeited, and a distress ordered to issue against
the bail.

POLICE INTELLIGENCE.
(YESTERDAY.)
211ANS10N-HOUSE.

A black sailor, named David Louis, was brought
before the Lord Mayor charged with having violated
the Act passed in the ith and Bth of Queen Victoria,
intituled "An Act to amend and consolidate the laws
relating to merchant seamen." 'This was the first
instance of the operation of the new Act, which is
considered one of great importance for the protec-
tion of masters as well as of men.

Mr. Andrew de Jansseraud, master of the Lorciarie,
which lay off the Custom-house, stated that he had
engaged the prisoner to go to Terceira and to return
to some port in Great Britain, and had m,:cle all the
necessary arrangements, and advanced money and
purchased clothes for the accommodation of the man.
That morning, however, the prisoner had contrived to
abscond from the vessel in a boat belonging to her,
which he rowed to and left at Tower stairs. -He was
to have been paid thirty shillings per month. The
owners of the ship were Messrs. Gaille and Co., of
Guernsey.
The LORD MAYOR —Had he signed the articles ?
The prosecutor stated that the prisoner had signed
the articles. He then produced the articles and the
register-ticket, No. 8,157, of the prisoner.
The LORD MAYOR—WeII, prisoner, what have you
to say to the charge of absconding after having formed
an engagement ? Prisoner—Aye, I did go away.
The Loan MATOR—Why did you go off after
having signed the articles, and received money and
clothes ? Prisoner—l didn't like to stay, nor I won't
go at all.
The LORD MAYOR—But if you persist in refusing
to go with the captain, I must punish you by sending
you to prison.
Prisoner—Well, well, me can't help it.
The LORD MAYOR read the sixth section of the
Act, by which seamen refusing to join or to proceed
in the ship for which they were engaged, or absenting
themselves, may be committed to gaol, or be sent on
board. His Lordship, addressing the master, in-
quired whether he was disposed to take the prisoner
into the service for the fulfilment of the voyage, as, if
such were the case, he should like to give the man
the alternative once more.

The prosecutor was willing to accept this alterna-
tive, although he had good reason for supposing that
he would have a very indifferent bargain in so volatile
and dishonest a person.
The prisoner said again and again that he was de-
termined not to go with the captain, but stated no
reason for his refusal to abide by the conditions to
which he had been a party.
The prosecutor said that, under such circumstances,
he could not think of having anything further to do
with the prisoner, whom, more for the sake of example,
and to show what sort of character the prisoner was,
than for any other reason, he had caused him to be
apprehended. The conduct of the prisoner had been
extremely exasperating, for the vessel was actually
detained in consequence of the course adopted by him.
The LORD Aaron once more endeavoured to ob-
tain the consent of the prisoner, who, however, said,
" No, no, me not go—me not go ;" and his Lordship
then sentenced him to imprisonment in Bridewell,
with hard labour, for twenty days, expressing a hope
that seamen would benefit by the caution thus given
to them. _

A mar, named Adolphus Valentine Wyatt, who keeps
an eating•house at N0..59, Tower street`, was brought
up, charged with haying committed a felon;ous assault
upon a little girl named Mary Anne Lee, who was
children's maid in his house.

The prisoner was defended by Mr. Woolf, frorn
Mr. Flower's offices.

The girl swore to two distinct cases of assault—the
one alleged to have been committed on the evening of
Saturday week, when she went to put the youngest
child to bed, and the other on the following morning.
The statement made oy the poor girl was given in
such a manner as left no doubt that she had been most
grossly abused.
The prisoner, who it was stated denied the truth
of the accusation, was remanded.
GUILDHALL.

Jolla and George Oxide were charged with having
entered the chambers of Mr. John Wyse, a barrister,
No. 2, Middle Temple-lane. It appeared that the prose-
cutor went to bed at nine o'clock that night, havinT pre-
viously locked the door of his chambers. A few minutes
after the door was opened, and he heard persons moving
about the room. Ao sprang out of bed, when two per-
sons ran down the stairs. He called out, and the pri-
soners were taken into custody by the officers of the
Temple, and they were searched. A candle ready for
lighting was found in the pocket of the prisoner John,
and some lucifer-matches on the other prisoner.
Sir G. CARROLL remanded them until Saturday.
Several persons who had their chambers robbed were
in attendance.