The Sun.
London, England, 1844-04-15 00:00:00

UNIVERSITY INTELLIGENCE.

oxFora), Arum 13.—Her Majesty the Queen Dowager has
given the sum of 501. to the subscription recently commenced
by the Provost and Fellows of Queen's College, for the pur-
pose of forming a fund for ecclesiastical purposes, to be placed
at the disposal of the Rev. Edward Feuld, formerly a Fellow
of that College, and recently appointed Bishop of Newfound-
land. his Lordship will embark for Newfoundland early in
May.
tie erection of a new Choristers' School is now determined
on by the President and Fellows of St. Mary Magdalene Col-
lege, who have approved of the design lately submitted to
them by their architects Messrs. Buckler. Mr. Pugin's de-
sign for a new Gothic entrance gateway to the same College,
in lieu of the present Doric structure., has been also approved
of, and will immediately be carried into effect.
Easter Term begins next Wednesday, when the new Proc-
tors will be admitted into office.

The usual Latin sermon, before the commencement of
Teim' will be preached at St. Mary's on Tuesday by the Rev.
John Carr, late Fellow of Bank)! College.
The Rev. Edward Dickinson Scott, Fellow of Queen's Col-
lege, has been presented by the Provost and Fellows of that
Society to the Rectory of Enham Knight, near Andover,
Hants. -
The Rev. R. Barnes, son of Dr Barnes, Canon of Christ
Church, has been presented to one of the portions of Bamp-
ton, in the diocese of Exeter, by the Bishop of Exeter.
rREFERMEN TS.

Blackburne, Rev. Gilbert Rodbard, to the perpetual curacy
of Whitchurch, by dispensation, with Long Ashton.
Bond, Rev. Henry, to the prebend, or canonry, of Cud•
worth, in the Cathedral church of Wells.
Burton, Rev. C., has been appointed clerk in orders at the
parish church, Leeds, vice the Rev. J. W. Twist., resigned.'
Butterfield, Rev. John, assistant-lecturer at the parish
church, Bradford, has obtained the appointment of Head
Master of the Free School, Catterick, near. Richmond.
Chadwick, Rev. Robert, to the district incumbency of
Christ Church, Lafthouse, on the nomination of the Rev.
John 8e11,.M.A. vicar of the parish.
Cooke, Rev. Charles, to the rectory of Withycombc.
Deedes, . Rev. Charles, to the rectory of Chilton Canteloe,
by dispensation, with West Camel.
Ellis, Rev. Richard, son of the Rev. John Ellis, vicar of
Yediugham, to the incumbency of Bellerby, near Leyburn,
Yorkshire.
Gwyther,. Rev. John, Assistant-Minister of St. Phillip's
Church, Sheffield, to the Vicarage of Fewston, near Otley.
Hughes, Rev. Jacob, formerly Curate of the parish, to the
Vicarage of Llanrian, Pembrokeshire.
Bantam, Rev. John Johnson, to the Rectory of Welborne•
Kirkham, Rev. J. W., B.A. Oxon; to the perpetual Cur
of Llandysilio, diocese of St. 8.A.,
Patron Sir Watkin Ve•
Wyrm.
Lowe, Rev. Noel, to the Vicarage of Coliton Rawleigh,
Worcester, vacant by the death of the Rev. R. Oreei.iyloomd•
M'Clatchie, Rev. Thomas, to the Curacy of Midso er,
Norton. •
by Rawlins,
dispensation, R e v
withi iemi.
Stephenson, idWdinilgtliaonni
Lympsham. to the Vicarage of Mtn,
" to the Curacy of Combe, St.
Thomas, Rev. R. J.: Harries,
Nicholas. Rev. Joseph Henry, to the Rectory of
Tudor, Rev. William, to the Rectory
presentation of the Marquis o y
themMinistei of the Church
Whigh, Rev. M. Henry, to e
nodfeiSeidersterne, on the
fbChot
t of St. Peter Bishport.
grave, with Botesdale Curacy annexed, on his own petition.
Wilson, liev. Daniel Thomas Holt, to the Rectory of Red-
.__ -

FIRE AT BABB'S PALE ALI STORES.—Between the
hours of twelve and one on Sunday morning a fire was
discovered raging in the premises belonging to itlessrs.
Bass, pale ale brewers, of No. 3 wharf, City-road Basin.
It commenced in the hay-loft over the stablin,,,v and
owing to the easily ignitable nature of the stock the loft
was soon one complete bluing mass, and the flames shot
through the roof into the air a considerable distance. A
number of engines were with all possible speed at the
scene, and, being aided by an abundance of water, they
soon extinguished the flames, the danger being confined
entirely to the loft and stabling, which are consumed. A
man, who it is supposed had fallen asleep in the loft, is
reported to be much burnt, and was taken to the
i hosiital.
rRINCE ALBERT AT Coatlitc .--According to ii
letter, dated the 4th inst., the Prince' accompanied by. hit
brother the Reigning Duke, went, the day after his arrival,
to visit the apartments occupied by their late father in the
castle of Ehreubourg, which had been left precisely in the
same state, without a single article being removed. Prince
Albert was deeply affected at the view. At two in the after-
noon, the whole court attended divine service in the catbe•
dral, every part of which was filled with the people, anxious
to see once more their beloved young Prince.
THE ARCHBISHOP OF CANTERBURY'S STATE DIN..
NERS.—It is understood that the Reverend Primate bat
so far recovered in health and vigour as to be capably of
presiding at the State dinners, which will, consequently,
be resumed this season.
THE GALVANIC TELEGRAPH ON THE GRIM'
WESTERN RAH ,WAY.—The first intelligence of the arrival of
his Royal Highness Prince Albert in this country from Ger.
,„tern Railway. Within one minute of
ybylasnti,eawnassocfotihnenignanlisca4eied
tteolegrherap?dhaojaest,
aml
itnaFocnodtikeThr
oCastle,
the arrival of his Royal Highness at the Paddington ter-
minus the information had reached Slough ; at which station
a special messenger, mounted upon one of the fleetest horses
in the royal stables, was stationed, by command of the
Queen, and who proceeded with the gratifying intelligence tp
the Castle, where he arrived in eight minutes and a half from
the time of his leaving Slough. 'Thus the news of the Prince
Consort's return to England reached her Majesty, and their
Majesties the King and Queen of the Belgians, in less than
ten minutes after his Royal Highness had arrived at Pad•
dington, awl forty minutes before the Prince reached the
royal residence at Windsor.
\Are heat that a limited reduction'in the Royal stud,
comprising some of her Majesty's valuable saddle-horst*,
which, it is said, are to be sold, is likely to take place shortly.

succeed to the office of Lord Chief Baron, we have
already expressed a favourable opinion. No Attorney-
General of his party ever showed. himself so little dis-
posed to use the prerogatives of his office with severity
as he has done. The very defects which have mili-
tated against his acquiring the same extent of popula•
rity, as an advocate, to which some of his Contempora-
ries have attained, will render him better suited to
the duties of the Bench. Perhaps it will hold good,
as a general rule, that a barrister who has had an
extensive practice 'at nisi priu.T—a practice which is
obtained and *preserved by eloquence and tact in
addressing juries—has
.generally failed to sustain
the judicial office with the same 'efficiency as men
of less celebrity. The man of fewest words is
generally the man of closest thought ; while eloquence
at the bar has, in many instances, degenerated
into garrulity on the bench. Sir William Follett's state
of health is, we regret to state, most fearfully impaired.
We were the first to make the announcement, which we
did a few days since in an article " On the Parliamen-
tary Elections consequent upon Lord Abinger's death."
The grounds which then existed for the apprehensions
we expressed are by no means diminished. It is, there-
fore, highly probable that a positive prohibition will be im-
posed upon him by his medical advisers, against his at-
tempting any professional exertions for a considerable
time to come.. This may prevent his obtaining the
Attorney-Generalship ; and induce the Government to
substitute some other learned gentleman of their party,
wbose physical powers are more equal to the constant
official and Parliamentary. duties which the principal
law officer of the Crown is called upon to perform.
Mr. F. Kelly's direct- implication in the memorable
Ipswich election, for which his agents were committed
to Newgato by the Speaker's warrants, and he, with
his colleague, unseated, is now revived. There was,
doubtless, much to condemn in that transaction. Most,
bitterly has Mr. Kelly deplored his having entangled
himself in the meshes of that net of corruption which
the Ipswich Tories have invariably spread at every
contested election, and in which they have caught
many. Once entangled in the toils, it was difficult to
get extricated. Mr. Kelly became the victim of the
system, since considerably checked by the new election.
laws. In fair party fight we would still encounter Mr.
Kelly with the same uncompromising hostility with
Which we have encountered him. But we will not join
in,an attempt to place a ban upon any man's professional
hopes, for an offence committed long since in the heat
of a contested Parliamentary election—in which, though
the bribery was rank, it was sanctioned by a too prevail-
ing practice, since happily checked by legislative enact-
ment. Mr. Kelly is a sound lawyer and an able advocate,
As a Tory must be appointed to the vacant post, we would
psy homage at the shrine of the acknowledged professional
attainments, and persevering- industry, for which Mr.
Kelly is distinguished. :We think Mr. Kelly is immea •
surably superior to those whose pretensions are put forth
to push aside his. We .have said so on a former occa-
sion ; and haire seen no reason to change our views on
the subject. After` all, the serious illness of Sir William
Follett may alter the relative positions of the rival
claimants ; and thus materially change the controversy
which has arisen upon the question.
STANDARD.—The Gazette of last night states
that the amount of bullion in the Bank of England on
the 30th of last month amounted to the large sum of six-
teen millions, three hundred and twenty-two thousand
pounds sterling. This, then, is the present financial
position of the country—the revenue having improved at
the rate of more than four millions in the year ; the
Three per Cent. Consols are half per cent. above par.
Sixteen millions.three hundred and twenty-two thousand
pounds in gold and silver in the cellars of the Bank of
England ! Such, in brief, is the compte rends of Sir
Robert Peel's thirty-one months' administration of
the financial affairs of the country, which, on pass-
ing into his hands, presented nothing but a bot-
tomless deficiency. The public will, we are sure,
pronounee justly upon the merit or demerit of
the change, and upon the degree of gratitude or
of resentment due to its author—but let no man
expect perfect unanimity. The discovery that
every proof has two faces, which may be pre-
sented according as humour or interest shall direct,
is as old, at least, as Aristotle, who, in his "Treatise of
Rhetoric," gives precise instructions how to proceed
in the case. You can, upon the same evidence, prove
the mild man a coward, and the coward a • mild man,
according to your purpose ; the thief an enter-
prising fellow, and the enterprising man a thief.;
the cheerful man a sensualist, and the sensualist
merely a genial person; the patriot an incendiary, and
the incendiary a patriot; and so on. This is perfectly
well understood by thousands who never read Aristotle,
and it is indeed the staple artifice of vulgar journalists
and .vulgar orators. The improvement in the public
revenue, and in the price of the public securities,
would.seem unpromising subjects for this kind of mis-
representation, but they have nevertheless been
pressed to serve as proofs of national ruin, and we
have little doubt that a like use will be made of the
enormous' accumulation of gold and silver in the
'Bank cellars. Waiting for -this, we shall at present
merely observe that the amount of bullion in hand
is a reasonable security against any present dan-
ger 'from • the Whig-Radical cry, " Go for Gold,"
should it be raised now as it was raised in 1332.
Judging from the state of the markets respectively,
we should say that the cry " Go for Three per Cent.
Consols," w euld suggest a demand more difficult to
answer. The remaks that we have already offered
upon the general proofs of the increased and in-
creasing capital in the country have, of course,
drawn upon us a world of censure from those
who are resolved to be discontented with everything,
but more especially indignant at everything in which her
Majesty's present Ministers may seem to be actors. We
are consoled under this reproach by observing, however,
that our words are changed and our arguments misre-
presented throughout--the most satisfactory proof that
what we did say. will not serve the purpose of those who
affect to answer.

SPIRIT of the PUBLIC JOURNALS.
FROM UHF. DAILY VAPERS OF -SATURDAY.
TIMES.—If there ever was a judicial appointment
which might have been expected to pass as of course, and
against which not a voice, even of the most furious par-
tisan, could have been raised, we should have pronounced
it a fortnight ago to be that of. Sir Frederick Pollock to
the vacant Chief Barony of the Exchequer. An At-
torney-General is appointed upon the clear, though tacit
understanding-, that unless circumstances arise during his
tenure of office which betray his manifest unfitness for
theestation of a chief Judge, he shall be promoted to that
place on the first opportunity. It often happens that
the leading advocate of the day, whose services the Go-
eermint have found it necessary to secure as Attorney-
General, from th& bent of his mind or the keenness of
-his politics, is; or is thought to be, peculiarly unfitted
for judicial employment. He has, nevertheless, been al-
ways appointed. • On the present occasion no such diffi-
culty exists. :In legallsnowledge, in temper, discretion,
and integritye,Sir F.. Pollock is eminently—nay, corn-
pared with many iaw officers of the Crown, perhaps un-
usually, fitted for the office of judge ; and his uniform
conduct in the obnoxious office which he has occupied
during a somewhat trying crisis'will be acknowledged to
furnish no ordinary guarantee against the partisanship
which is sometimes to be feardefrom nekpreinoted At-
torney-Genqal... A Wbig Contemporary, .has, been
pleased, with a creditable desire of making mis-
chief if possible, to discover the extreme impolicy and
impropriety of not conferring the vacant appointment on
one of the existing viisne judges, and has paid Baron
Parke—of whom, in his judicial capacity, it is impossible
to speak to highly—the compliment of selecting him as
a person fdolish enough to take offense, if the- ordinary
rules - of. promotion are not suspended in. his favour.
rfow, the immediate practical question appears to us to
lie in a nutshell. It is necessary for the public service
chat the office of,Attorney-General should be ably filled.
This has to bb paid for; and part of the payment is. the
reversion ofs.the 'great legal offices. The prospect of
these enables:; the Crown to 'command, as it ought to do,
the services of the great lawyers of the day. The
prospect of these is their inducement to incur the risk
and the sacrifice which are often consequent on the ac-
ceptance of this office. There is no doubt that Sir F.
Pollock, upon this understanding—not indeed reduced
to writings, signed or sealed, but distinctly recognised
both by the Minister who nominated him and the pro-
fession from.which he was chosen—did actually sacrifice
a great part of his income arising from circuit practice
the interval between his resignation of office in 1835
sand the accession of the present Ministers to power. In
honour and equity, though -not in law, the case is simply
cone of contract. The Attorney-General has performed
his engagement to the public—it now rests with the
itublic to perform theirs to him. Any attempt to evade
.nts performance on the plea of a supposed inconvenience
to ono or. the contracting parties would be mere
fraud. The bargain, if it was a bad one, should have
,men protested against when it was concluded; it is too
We to complain now that we are called upon to act upon
At. TV'e are not of those who think that the nation
flei made to be swindled, or that the same care, atten-
lion, and economye are not to be required from public as
from private servants. But neither do we consider that
the nation is privileged to swindle. The people through
their Government have the capaCity of involving them-
pelves in every species of direct and indirect engagement.
7t4Vithout such a capacity, the body politic could not exist
ifor a month. By the _acts and engagements of their
*gent, the people must abide ; and among such engage-
amente must be reckoned all those various understandings,
%twit or express, by which the public business is carried
eon. It is net enough to show that the bargain might
ave been more.conveniently, or providently, or advan-
lageonsly struck. It has been concluded by authorised
L'parties. Unless fraud or collusion can be shown, it is
anding, and we must perform it in the Shape in which
our representatives have fixed it upon upon us. Sir F.
Xollock is likely to make a very good Chief Baron, and
ft is therefore factious as well as dishonest to oppose his
lalevation to that office. But were his qualifications far
ss satisfactory than they are, it would still be one of
/hose many Cases where public honour would require
some sacrifice of Public to private interests. Mean-
while, however, it must not be forgotten that the ques-
tion whether this is a good mode of paying Attor-
sey-Generals is still an open one ; and here we are in-
tined to agree with our Contemporary that it is not.
h e'unler stand ing tinquestiona,bly exists, and, existing,
should-be observed ; but we are quite ready to believe
sgist it is a mischievous understanding.; and should be
sivoitLed for the future. • Very different requisites are
necessary for as Attorney-General and a Chief Justice.
'e-fluency, plausibility, and resource—the ability to
concentrate attention on an adversary's weak point, and
to divert it from his own—nay, the very zealous and
evilest energy which gave lustre to the advocate, may
be worse than useless on the bench. And it is notorious,
in feet, thtit the most skilful counsel do not melte the
most eminent judges. This single fact is almost suf-
ficient argument 'against the continuance of a practice
which confines Pilo Chief Judgeships -to those whos,e
position at theehead'ol the bar has compelled the Ministry
to select them- for Ate 'office of Attorney-General. We
perceive, heiv?ver; id the columns of a Ministerial Con-
temporary,: n which, if it is to be taken as an
exponent of furnishes a still'
stronger argunient against perpetuating; this connexion.
Our Contemporary, not content. with predicting the
seedy elevation of Mr. Kelly. into the place of Sir W.
ollett, proceeds., somewhat,prematurely, to speculate on
the event of sllr. Kelly's second:promotion or demise :
Intr. Stuart Wortley," says our Contemporary, " is not
an unlikely successor to Mr. Kelly, proVided the latter
.remain in office lung euort;li to enable Mr. Wortley to
acquire sufficient length of standing in the profession to
warrant hise/evatien to so distinguished and responsi-
ble a stati;in. the sem of Lord Wharncliffe,
and also as; . RR. able and eloquent advocate,
. and possessed etf rapidly increasing legal know-
ledge, and._ one.- Of the most rising;
.leaders on the
Northeth 'Circuit, he has undoubtedly strong claims."
Now this paragraph looks very much like a clumsy at-
tempt to prepare the spablic mind for a job. We mean
no disrespects to ..Mr. Stuart•Wortley, but what are his,
qualifications? We gather from his panegyrist's ac-
count, that. his " standing in his profession" is insuffis
dent—that..his legal knowledge can only be said to be
" rapidly increasing —and thht:he is not the leader of
his circuits. He• is also called "an able . and eloquent
adsocate"—words. of course, of which he may share the
credit with many, others of his brethren. These "are
merits of an ambiguous kind, and can. hardly be consi-
dered to constitute "undoubtedly strong claims" upon
an office vefsich, according to present practice, is to lead
alm,st directly to the 'highest position on the Bench.
But the Government paper enumerates one other clear,
definite, and tangible claim which he possesses on the
patronage:Of Cho Ministry"; " as the son of Lord Wharn-
cliffe." Is 'this a fair ,statement of the principles on
which Sir R. Peel prqeses to dispense his legal pa*-
tronage?. U.nat, we have nothing to say, except that
Our Contemporary is as foolish as ever. If it is, we
must beg for a speedy extinction of .a system of eti'
quetto which will outdo the worst precedents of bad
times, in extending th the Bench itself—the.cita,del, as
it ought to ,be, of )3ritish liberties—the most .corrupt
,principles'of:polittcef patronage. It is bad that a rising
young. barri,ter sh:l,4:ld be appointed Attorney-General,
but it is unbearabile,that he should be promoted to the
Chief Justin eehip; -avowedly. because ho is the son of .a
Pier and a Cabinet Minister. •
GLOBE.—If the Tory press be a type of the Tory
party, there resists at the present moment pretty con-
siderable commotion in its ranks. Lord Abinger's death
having caused a vacancy in the Chiefship of the Court
of Exchequer, the changes in the official positions of
law advisers of the Crown has placed the pest
of Solicitor General at the disposal of the Government.
Te door of promotion being thus opened, every Tory
lawyer who line managed to get_ into the House of
Commons is pressing his clahns.upon the Minister; and
every ienageina.ble and, far fetched reason is:adduced by
the journal of' the party which adopts one or other of the
expectants to show how much more strong are his
claims to tlie'distinctisn 'than those of bis competitors.
Mr. Fitzroy Kelly, 11r. Thesiger, the . -lion., S.
We?rtley, and Mr. Godson, has each his backer in the
'lffy press, .ancf, of course, his supporters among the
iiory party. The Government can make but one of
ese lion. and Learned 'Gentlemen Solicitor-General ;
and, of course, three of them must remain as they are.
We know not how many more there may be who think
themseleves supremely qualified for the post, and whose
Merits Webs therefore to be perceived and rewarded by
the Minister. That the • heart-burnings and resent-
ments BOusequent upon, disappointment will be nume-
rous and,pungent, there can .be no doubt. To render
the path somewhat more smooth to one or other of These
aspirants to the vacant post, some very ingenious expe-
dients ha've been devised. Among others it has been
sur,gestel that the chiefship of the Exchequer should be
co'nfeireden One of the puisne Barons, and thus prest-
Ershe'„rbwholy
.set aside, Sir F. Pollock's claim, este,-
y prescription, to the vacant Chief Judgeship.
ingenious To this -every mode of , getting rid. of
the difficulty, we think
We admit thestrong objections exist.
excellent.t qualities
the Exchequer Court
which two of
the Learned Puisne Barons e
have displayed in their judicial functions.
would besdifficult to name two ' It
judges conuct on
the bench--ewhether administeringlg justice 'of the
countryin the civil or criminal courts—has eminently
entitled them to the confidence of the ptroaa;reossnesir and to
fied. There
the gratitude of their country, is Mr.
s , rkteo however,anhd
Mr. Baran Rolfe have exempli
this strong objection to raising the Puisne Judges
,Chiefshipee, it tyleuld subject them to the. seeplcient ofe
being actuated—in Crown cases, and especially whew
presiding-at trials for political offences—by a leaning to
the prosecution, .for the purpose. of recommending them-
selves to the- Ministry of; the :day.for promotion,
.snew.,
'the independence oP.the Judges • would . be endangered.
Howeversdestitute of reason, a party cry would be raised
against the conduct of 'thee Judges, 'in cases which in-
,
vo.ved party" TIC jesty of
.the litsv, and its.
salutary Ififttienee upon' the minds, and
,conduct of the,
nommunityr Woad'be diminished: By being suspected
of politiGebias- in cases in' which the. prerogetives of
the Croton wore brought into collision with real_ or
imaginary popular • rights, the. Judges would be dd-
'rived of 'their now universally-cOiiceded respect,. and
justice divested of a part of. its terror.
Thus society'would lose a. portion of the protection
which is essential 'to' its safety. By exposing their
impartialityto peril, Jel agitating them with' hopes
of advancemento to' superior office 'from the fa-
vour the Government the independence of the Judges
. .
would of,
shaken in Popular opinion. Preserve -the'
Judg,es:rn all inducement to please the . Government of
the (lax y the slightest relaxation of, or deviation. from
the daiins of justice;
Leave,tczanl their office will lie respected
by the nation:
mitiistry bf th:lges.anything to hope or
fear front 'tke
immediately they
are brought &wit tealeyel withai:vitiealiCtiene es which
rate upern men the-ordinary and-their
high office is in danger of perversion..tOillilre'n
de-
signs of•Vinisters, instead of its ftiiictitpordical
cred frcilitheir ti•pprOaab; Of Sit r iv • ,nte ke.l)6.sa-
. Cs. cock fieilese• to

{ ~ -

TittE SUN, LONDON, MONDAY EVENING, APRIL 15, 1844.

Majesty's two-penny post boys" (though his age told
that Ili, was on the wrong side of thirty), and driver
of the Barnet mail, was summoned at the instance of
the police, for furiously driving on the morning of
Good. Friday last. From the Police-constable's state.
ment :it appeared that at about 6 o'clock on the morn-
ing in. question, he was on duty in Blackfriars-road,
wherile saw the defendant turn out of Earl-street in
the Barnet mail cart, and drive the horse at a most
furious rate over the bridge. Every person on the
bridge appeared alarmed at the rate at NNhich he was
going, and declared that they had never before wit-
nessed such reckless conduct ; witness followed the
cart aver the bridge and into Stamford-street, where it
stoppe'd at Mr. Bolton's the post-office constractor's
premises. -He there obtained the defendant's name
and told him he should summon him for his miscon-
duct.

Sir. CHAPMAN MARSHALL—Did he give you any
explanation for his driving at such a fearful rate? Be-
sides, over Blackfriars-road, in the direction he was
going, was not the road to Barnet. Witness replied
the rail-cart had come that morning from Barnet,
and the defendant was driving it over from the Ge-
neral Post-office to the stables. All the explanation
he could get from him was, that he was not driving
furioUsly, and then challenged him to fight.
Sir CHAPMAN MARSHALL—What, challenged you
to fight ! why, you would make three of him.
Tile witness, who stood nearly six feet in height,
assured the worthy magistrate that such was really
the case, and further, he was very insolent. He (the
defentclant) however, was the worse for liquor.
Tiim defendant said his horse was a very hot-headed
animal, and that it was entirely owing to its having
beco me " rusty" just as he was turning the corner of
Earl-street, and having commenced galloping over
the -bridge, he was unable to stop it until he reached
Stamford-street. _

Sir CHAPMAN 111,AnstrALL observed that excuse
was of too flimsy a character to bear consideration.
The case was a very bad one, and be should fine him
10s., and the costs of the information. Afterwards,
how ever, the Alderman, having ascertained that the
authorities of the Post-office had discharged him from
the :situation, the fine was considerably reduced. He
had been employed as the driver of the Barnet mail
for eight years.
MARLBOROUGH-STREET.

Mr. George Hanthell, of the Waterloo Hotel, "and
Mr.. John Freire were called upon to answer the com-
plaint of Mr. Lumley, the lessee of the Italian Opera,
for distributing bills about the theatre during the
time of the performance on Thursday evening, with a
view, of either Welting or promoting a breach of the
peace.
Mr. Chambers appeared for the defendants.
'The bill in question, which was without a printer's
nat ne, was to this effect :
"Sava— the first tenor of the Italian Opera, at Paris
--sely is he not engaged ? You are requested to demand
the reason of the manager; and if everything else should
fail,,' adopting the words of the memorable Tamburini
del atmstration in 1840, ask—" Will you engage Salvi—
yes or no."
3,11. r. Chambers wished to know who gave the
chxrge, and what the nature of the charge was, as the
pr oceedings against his clients had been illegal, and
steps would hereafter be taken to procure redress for
the wrong they 'sad sustained.
Mr. HAnnwicK said, no doubt the evidence would
su £ficiently explain the charge and identify the parties
m tiking it.
Police-sergeaut Mumford, A division, said he saw
a gentleman throw some bills on the gallery stairs
dutring the performance on Thursday night. He
m entioned the circumstance in the treasury, and ac-
cc trdingly Mr. Robinson' the treasurer, watched the
st airs to see if he could find out the party. The de-
fesadants, after the piece of Don Pasquale had con-
clUded, came down the gallery stairs, and Ilanwell
threw seven bills down and put others in his pocket.
Witness went up and asked him why he did so ? The
dediendanf at first denied he was the person who threw
the. bills, but afterwards he admitted it. The defend-
ants then went into the treasury, and ultimately Han-
w6lll produced a further quantity of bills from his
pocket, and Freire also produced three bills. In the
puv sence of Mr. Lumley, the defendants said they
h ad, done this withbut any reward, and only to oblige
a -Mr. Uvedale Price. Witness went with the de-
ft aidants to the Vine-street station-house, where Mr.
Limmley made his charge. The defendants were re-
-1 ,tsed on bail. _ _

Mr. Robinson, the treasurer, said Hanwell threw
?town some hills. When the defendantswere in the
t reasury they were asked what was their object in
taiopting this course ? Hanwell replied the object was
o;hvious ; it was to compel Mr. Lumley to engage M.
i;alvi. The defendants said they hall undertaken to
distribute the bills at the request of Mr. Price, of No.
85, Jermyn-street. The defendants further admitted
that they had left some bills on the seats of the gal-
Sery stalls. They said it was by accident the printer's
name had been left out of the bills. Witness knew
anothing about M. Salvi, nor had he ever heard any
subscriber ask why he was not engaged.
Mr. Chambers, at great length, contended for the
:right of the public to, express in a theatre their appro-
bation or disapprobation of the performances or per-
formers, provided they did so in a peaceable way. He
*considered that the distribution of bills such as those
given out in the theatre was not such an act as could
by any possigility lead to a breach of the peace. It
was in tha recollection of the public that certain pro-
ceedings had taken place in the case of M. Tamburini.
There the parties who interested themselves in the
behalf of that eminent singer were persons of high
and illustrious rank ; but no steps had been taken on
that occasion to charge them with a breach of the
peace, or to lodge them in the hands of the police for
doing what he contended they had a perfect right to
do, and what was far beyond the conduct of his
clients. The defendants were desirous of having an
opportunity of hearing an eminent man, such as they
understood M. Salvi was, and they had a just right
to make their wishes known, and to call upon the
manager to say why the public was not to have the
advantage of the talent of this individual. The
Learned Counsel, after reprobating the continental
system of introducing police in, places of public
amusement, concluded by declaring that nothing, had
been offered in evidenee to warrant the inference that
a breach of the peace was meditated, and that there-
fore the lessee was not justified in giving the defend-
ants into the custody of the police.
Mr. HAnnwlcx admitted the general right of the
public to indulge in any spontaneous act of applause
or disapprobation in a public theatre ; but he could
not agree in the doctrine that, because one or two, or
half-a-dozen persons might choose to say that they
would hear a particular singer or' performer only,
that therefore they were justified in clamouring so as
to disturb the enjoyment of the mass of the audience.
Mr. Lumley, the lessee of her' Majesty's Theatre,
pointed out the words " Memorable Tamburini de-
monstration," in the bill, and observed that on the
occasion referred to, not only great disturbance oc•
curred, but considerable destructioU of property
ensued.
Mr. Haunwmic was of opinion, looking at the
particular character of the bill, and Concurring' that
the object of the parties in giving it publicity, was
to force the lessee to do that which he might not
think it to be either his interest or the interest of the
public to do, that the case was one which ought to
be submitied to a jnry, He should, therefore, hold
the defendants to bail in 1001. in their own sureties,
and two sureties of 501. each, to answer any indict-
ment for conspiracy which Mr. Lumley might choose
to prefer against them at the sessions.