The Sun.
London, England, 1844-11-05 00:00:00

etrtningnit

LONDON, TUESDAY, NOVEMBER 5, 1844.

We had hoped that the M'GHEES and the O'SuL•
LIVANS, and the other rampant Protestant bigots who
about five or six years since rendered themselves so no-
torious by their virulent philippics against Catholicism,
were nearly if not quite extinct; but, unfortunately,
we find that this is not the case; the breed still
flourishes, as indeed might have been expected, for
what is so tenacious of life as fanaticism ? You
im,agine it defunct, when, 10, at the very moment you
ore hugging yourself in the pleasing conviction that
it has received the coup de grace, you discover to your
confusion that the "snake is scotched not killed," and
that it is ready to start up again as brisk and mis•
chievous as ever ! These reflections occurred to us
as we glanced over a report of the " Great Protestant
Mceting"—as one of our morning Contemporaries
calls it—which took place yesterday at Exeter Hall.
At this meeting two parsons, rejoicing in the
names of THELWALL and STOWELL, vied with
each other in the fierce intolerance .of their
declarations against Catholicism, and all who did
not hold that creed in the most unmitigated abhor-
rence. Parson THELWALL, who commenced the pro-
ceedings, talked the customary amount of nonsense
about the Gunpowder Plot, which, he said, proved that
" the principles of Popery involved disloyalty, rebel-
lion, and treason against a Protestant Sovereign and
Government," and added, in aspirit of the most ran-
corous bigotry, that " whatever professions Romanists
might make of love and friendship, the unchanged
and unchangeable principles of the Church of Rome
bound them to persecute and murder Protestants, when-
ever they had the opportunity." How dare the man
talk in this way of our Catholic fellow. countrymen !
How dare he charge them with being bound by the
articles of their faith to become wholesale persecutors
and murderers ! Never was there a more audacious
calumny yet uttered in a public assembly ! Parson
STOWELL, resolved not to be behind his brother par-
son in point of uncharitableness, inveighed in terms
of indignant contempt against "the crosses,
banners, and similar mummery," which he had
recently beheld in a Roman Catholic precession
at Manchester, and deepening in his tone as he
proceeded, went on to observe that " there were at
this very time combinations of Irishmen in London
ready to come forward, whenever occasion should
serve, against the constitution and liberties of Eng-
land." The speech of this remarkable parson was in
every respect an extraordinary one. The first half of
it was in flat contradiction to the other half. The
one neutralised the effect of the other. It began
with a Lamentation—it concluded with a Jubilate.
Atits commencement the speaker was inex-
pressibly afflicted at the idea of the embarrassments
andimpediments to which the Protestant Association
was subjtcted
g . Everything went wron
with• this
amiable fraternity. It had lost man
ic .f its earl
y
friends—it was discouraged by the Legsla,tu7—re-
garded with apathy by 9 many of the
elerygn—ntantd
had the mortification of
.hearing that the ''
o
Maynooth was to be doubled next session. But this
was not the worst. Rome was beginning to bestir
Herself, and had recently caused to be erected, GOD

knows how many churches and chapels in
this insulted country ! When thl dolorous
parson STOWELL had sufficiently afflicted his
hearers by this budget of grievances, he suddenly
changed his tone, and bade them be of good cheer,
for, after all, things were by no means so bad as they
appeared to be. What, if numbers of their friends
had deserted them, the truest and soundest still re-
mained to comfort them by their presence, and spur
them on to fresh triumphs in the righteous cause of
Protestant bigotry ! What, if many of the
clergy regarded them as a pack of fools,
this fact only proved that the " spirit which animated
CHRIST and his Apostles had descended to them
in its purity and integrity !" What, if their pro-
ceedings were discountenanced by the Legislature,
Lord ASHLEY and Mr. PLUMPTRE were still their
friends, and while these enlightened senators stuck
as tight as barnacles to their cause, what could pre-
vent that cause from achieving a glorious triumph
What, though Rome was building churches and
chapels and school-houses in all directions, Pro-
testantism was beating Popery in the number
of her new ecclesiastical edifices by at least
ten to one I On the whole, therefore, Parson
STOWELL was of opinion that his hearers had much
more cause for hope than despair, and as he had com-
menced by afflicting their sensibilities, so he con-
cluded by cheering them—just as if an apothecary
Should first give his patient a poisonous draught, and
then administer the stomach-pump by way of counter-
acting its noxious effects ! We have seldom if ever read
--peeches with more ineffable disgust than those de-
livered by the two parsons rejoicing in the names of
THELWALL and STOWELL. They are as strong in
intolerance as they are weak in argument, and supply
by noisy bluster what they want in calm, methodical
good sense.

The whole range of the British proverbs—those
axioms of the concentrated wisdom of a nation—does
not include one more profoundly true than this—
" What should be everybody's business is nobody's."
We have never heard or read the frequent complaints
that are made of the discouragement and gradual
decline of our shipping trade, without being strongly
reminded of the practical truth of this adage. We
are, essentially, a maritime nation. That we should
be so is as indispensable a condition of our political
existence as it is an incident of our geographical
position. But upon
,the same fact is based the
peculiar fabric of our social system, with its large
command of all the habits, and its enormous con-
sumption of all the products, of those regions of the
civilised world that trade with us. And it may be
fairly contended, that to the moral operation of the
same cause are attributable many of those tendencies
of our manners, tastes, pursuits, prejudices, and pre-
possessions which, be their combined effect what it
may in other particulars, imbue at least two-thirds
of the entire population of the empire with what we
must call, for want of a more significant designation,
" the spirit of seamanship." An Englishman gene-
rally carries about him some sort of vague impres-
sion, that in reality his " march is o'er the ocean
wave," and that, in very truth, his "home is on the
deep." NIY, this spirit is of so overmastering a cha-
racter, that it is the culminating ambition of even his
proverbial love of sport. An old sea captain, or a
weather-beaten admiral, does not so tire of his pro-
fessional career as to take to the turf for want of ex-
citement; but nothing is more common than for a
veteran of the betting ring—an owner of running
horses, or a master of fox-hounds—to subside into a
bold and active member of the Royal Yacht Club.
How, then, can the public at large look on, and,
year after year, witness, apathetically, the decay or
disparagement of that invaluable interest whose capi-
tal, talent, energy, and enterprise, are devoted to the
noble occupation of ship-building, or the various and
important dealings connected with the shipping
trade ? How can the other great classes of the com-
munity look on without the most serious apprehen-
sion at the growing deterioration of this immense
proportion of the floating capital (not to play upon
the phrase) of the empire ? How can the statesman,
the politician, or the economist, bring himself to
regard, with indifference, the downhill progress of II
depreciation which has attacked the present material
value, and impaired the future prospects, of that com-
mercial marine in whose prosperity or decline is in-
volved the ultimate fate of all the governing princi-
ples that now give to the British character its
peculiar force, constancy, and power ? Simply—
because 44 what oiaowld Le cnr boaxie,
nobody's."
The Report from the " Select Committee on British
Shipping," appointed by the House of Commons,
and which Report (ordered to be printed on the 25th
of July last) has just been issued from the Vote-
office, is a document well calculated to awaken a
wholesome and a very active curiosity throughout a
most extensive body of readers, as to details con-
nected with this interesting subject. We ought
rather to have spoken, indeed, of the " Minutes of
Evidence," and the documentary tables and papers
attached to them, than of the " Report" itself,
which is a mere declaratory statement of seven
lines, suggesting no remedies for the evils deposed to
by the witnesses, and offering no opinions upon the
effect of those depositions. Owing to that baneful
practice of postponing important public business,
which we have so often deprecated as a signal defect
in the administrative management of business before
the House of Commons—" the late period of the
session" at which " their appointment took place,''
this Committee " have not found it possible to com-
plete their investigation, so as to enable them to
come to a satisfactory report." They therefore lay
before the house what "evidence they have already
received, and trust. that the reappointment of the
Committee may take place at an early period of the
next session." So do we ; for to a more important
end their labours could not be addressed. Neverthe-
less, we have but little faith in such prospects, whilst
the present habits of conducting business in House of
Commons' Committees are to continue. The enor-
mous value of British commercial shipping engaged
in the trade between "foreign countries" and Great
Britain may be appreciated from certain papers given
in by Mr. G. P. YOUNG, the eminent ship-builder and
owner, formerly Member for Tynemouth. In 1824,
the aggregate was 609,164—the foreign tonnage en-
tered inwards, for the same year, being 308,951. In
1841, the British tonnage had increased to 1,134,560
tons; the foreign to 530,161. But from a State-
ment of British Tonnage entered inwards in the
United Kingdom from the "British Possessions and
Colonies," in the years 1824 to 1841 respectively,
we find that the enormous aggregate of
tonnage, including the entire British colonial trade,
coasting ditto, fisheries and steamers, was 3,361,211
tons ! Of this vast amount, 319,546 should be put
down as " unemployed tonnage." The result would
be, that in 1841 we had actually afloat and employed
3,041,665 tons in our own commercial marine ; a
tonnage utterly without parallel in the history of any
other State in the world, and representing a capital
as afloat, which, taking a very low figure between the
extreme ones for the coat of building an inferior
American craft at 6/. a ton, and a first class Thames-
built vessel at 201. a ton, we suppose we may safely
estimate it, say at 91.—at 27,374,98.51.—exc1u5ive of
the 319,546 tons uqemployed. But we fear that the
year 1841 must be regarded as the last term (it was
also the highest) a prosperity attained by our ship-
ping trade. Mr. G. F. YOUNG (and no more compe-
tent or respectable authority can be quoted) is of opi-
nion that during the last three years the shipping
interest has been in a greater, and longer continued
state of depression, than he can remember it to have
suffered under at any former period. Mr. SOMES,
the eminent shipowner, of London, concurs in this
opinion, and so does Mr. SHALES, of Whitby. Mr.
TANNER, of Sunderland, confirms it, with the pleasing
qualification that in the present year the trade is ex-
hibiting strong indications of improvement, as com-
pared with the last. Mr. ANDERSON, of South
Shields, considers its depression at this moment to be
greater than it has experienced during the last forty
years ; and Mr. S. HULL, of London, thinks that de-
pression has been progressive since the year 1815,
and that what little improvement may just now have
shown itself is local only, and attributable to the new
trade in guano. The same witnesses speak to the

amount of this depression in shipping property and
the rate of freights, as having reached, within
these few years, from 25 to 50 per cent. As may be

imagined, the witnesses assign various grounds tor
this depression. Some attribute it to the general de-
pression which they consider as pervading trade in
general. Others refer it to the over-building of ship

in 1839, 1840, and 1841, especially of inferior de-
scriptions, whilst the quality and building of foreign
shipping has been carefully improved. Mr. Hums-
SON'S reciprocity treaties are largely challenged as a
main cause of the depression, owing to the very great
disadvantages under which British shipping enter
he ports of certain foreign Powers, as compared with
those which we extend to shipping of those foreign
flags. The cost of provisions, the heavy charge of
light dues, the Trinity House pilotage, and other
regulations, and some causes still more remarkable,
are given among those which have worked to the
shipowners the serious amount of injury complained
of. But as these are matters at once too complicated
and too grave to be summarily disposed of, we shall
return to the subject on a future occasion.

The debate, in the Spanish Chamber of Deputies
on the address commenced on the 28th ult., and was
expected to continue for some days. The discussion
on the first day appears to have been favourable to the
views of the Government. Previous to the opening
the debate some questions were put to NARVAEZ re-
specting the attempt on his life, and the arrests at
Madrid and Barcelo:a. He stated generally that
the enemies of the Government were getting up con-
spiracies both in foreign countries and in the interior,
against the peace of Spain ; but that the Government
was strong enough to resist, and if the enemies of the
Government depended upon the army, it would be
much disappointed. With regard to the attempt on
his own life, he said the subject would come before
the tribunals. He denounced Revolutionists, and
declared that the Government wanted neither the means
nor the courage to put them down. In conclusion,
he added :—" The Government is in possession of all
their plans, and the delinquents now in the hands of
justice will be speedily visited with the rigour of the
law. The cause of order is in no danger, for the Go-
vernment has both the wish and the power of main-
taining it. As for me, nothing can induce me to
swerve from the path of duty, and from the defence of
the QUEEN and the liberty of my country. PROVI-
DENCE has hitherto protected me, because it knows
the rectitude of my intentions ; but if I am doomed to
fall by the hands of my enemies, I shall die contented,
for my conscience will tell me that I have done every-
thing in my power to uphold the throne and the insti-
tutions of my country. The banner of the Govern-
ment is, the law and the constitution.' Those who
are anxious for their preservation must rally round it."
This speech produced considerable effect, for it was
cheered from the galleries as well as from the body
of the House, and General CONCHA, though opposed
to the Reform scheme, announced his intention of
supporting the Government against every attempt at
revolution.

Barcelona journals of the 29th ult. state that thirty
individuals had been arrested, and a Council of War
was immediately summoned to try the criminals.
Six of them had been ordered for execution.

On the Madrid BourFe (28th ult.) the Three per
Cents. were done at 271 at 60 days, and 27 1-16 for
cash; the Five per Cents. at 20i ; and the Floating
Debt at 63i at 60 days.

The Paris papers are chiefly filled with the report
of Marshal Souvr on the Polytechnic School, and
comments on the affairs of Spain. The report of the
Marshal in the Journal des Debats extends to five
columns, and appears to be drawn up with great care
and judgment. The remarks on thi 'newly-disco-
vered plots at Madrid and Barcelona possess little
interest. Several of the Opposition journals, and
among others the National, assert that the affair has
been got up to answer riresent purposes. The Journal
des Debats pretends to believe in the conspiracy, yet
it is curious to see how the writer, in his narration of
events, now and then throws doubt on it by the
words—" If we can believe the intelligence." The
following is the account given by that journal of what
occurred at Madrid and Barcelona, and a very lame
account it is :

"The news received to-day from Spain is of great im-
portance. The conspiracy, the existence of which was
announced by infallible symptoms, has exploded and
failed. Our readers have not forgotten the manifesto of
Espartero, in which the Dictator seemed to place him-
self at the order of future revolutions. They have like-
wise not forgotten that at this signal a great number of
refugees belonging to the Anarchist party, among others
General Ametler, who was so prominent in the last
troubles of Catalonia left, secretly, the places of resi-
dence assigned them. Fortunately, the French police
watched closely the frontier, and the greater part were
arrested at the moment of their attempt to enter Spain.
rhe plot, nevertheless, went on—but it seems that the
Anarchist party felt itself how much influence it had
lost in Spain, by the preaseese of public opinion—for
this time it is not by insurrection or by pronuncia-
mentos it has been attempted to act, but by assassina-
tion—and if we can believe the intelligence that has
reached us, a plan of assassination, a kind of St. Bartho-
lomew, which should include Ministers, Captain-Gene •
rals, and principal functionaries of Government, was or-
ganised. It was at Barcelona that the first essay of this
new attempt at revolution took place, on the evening of
the 27th. The moment the Captain-General of the
province, Baron de Meer, left the theatre, two
wretches fell on him. The assassins failed in their
attempt, and they were instantly arrested. But as an
escort were taking them to the Mazanares,_ a mob of
500 persons came to their rescue, and succeeded in car-
rying them off. This mob were not there by chance,
and if the Baron de Meer fell, no doubt they would have
been prompted by the confusion which the death of the
General must have caused among the garrison and au-
thorities, to get possession of the city of Barcelona and
give it up to all the horrors of anarchy. Several of
these fellows were arrested. The movement was limited
to the acts of these 500 bandits, as the mass of the popu-
lation took no part, and the town of Barceloaa remained
perfectly tranquil. At Madrid it was, on the evening of
the 29th ult., the conspirators were to act. The pro
posed victim was General Narvaez. The General was
to dine that day at the French Embassy, and at the mo-
ment of the arrival of his carriage six men armed were
to start forth, stop the carriage, and while some were to
fire on the coachman and servants, others were to mas-
sacre the General. Providence did not permit the ac-
complishment of this dreadful crime. Among the as•
sassins there was an officer, put on half-pay by General
Narvaez. This man, touched by remorse, and probably
affected by the extent of the crime he was about to com-
mit, or, according to another version, having changed his
mind on hearing the speech pronounced by Narvaez in
the Senate, persuaded his companions to postpone for
another day the execution of their plan. Other reports
say that the General was saved by a fortunate accident.
His watch was too fast, and when his carriage arrived
the assassins were not at their post. It appears that the
officer in question, on the same night, made the fullest
revelations, and on the following day, at the mo-
ment the assassins were waiting for their victim,
they were surprised by the police and two
seized with arms concealed under their cloaks. An
examination at once took place, and the informations
given by the officer alluded to were confirmed. Among
the persons implicated was Colonel Prim, who, it will be
recollected, played a prominent part in the insurrection
against Espartero in Catalonia. Shut up in the town of
Reuss, he defended it with courage against the Espar-
terists, and the Government of the Queen complimented
him by making him General and Count de Reuss. Not-
withstanding these favours Prim was the soul and head
of this conspiracy. He was arrested, and the man who
furnished the arms found on the assassin, says, it was
with him he dealt. We give this news with the greatest
pain, and it is shocking to think that an officer distin-
guished by his courage, and elevated so high by the Go-
vernment of his country, could be so criminal as to take
part in a plan of assassination. It is further said that
the plot has many branches, particularly at Valencia,
under General Roncali; but what has taken place at
Madrid and Barcelona is sufficient to inspire all honest
men , with horror, and we trust that the divisions which
were about to break out among the Moderados will cease.
The discovery of these plots will make the position of
Government much stronger, and Spain, it is to be hoped,
will acquire sufficient strength to put down faction.
Madrid was tranquil when the last accounts came away."
At TORTONI'S, on Sunday, the French Three per
Cents. were quoted at 82f.

The dejeuner provided on the occasion of the Queen's
visit at the loyal Exchange by Messrs. Staples, of the
Albion Tavern, Aldersgate-street, has been spoken of
by the excellent judges of the Corporation of London
as one of the finest ever got up on so extensive a scale.
The bill of fare and the attentions given to the royal
table were spoken of by her Majesty to Prince Albert
in the hearing of those behind her chair.
NEW ROYAL EXCHANGE.--For the three days this
building was open to the public, the gratuitous subscrip-
tions for the widows and orphans of four men killed
during the progress of the works, amounted to 93/. Os. 3/d.,
which was received in the following coins :—four sove-
reigns, ono half-sovereign, one crown piece, 88 half-
crowns, 992 shillings, 842 sixpences, 142 fourpenny
pieces, 5 threepenny pieces, 665 penny pieces, 667 half-
penny pieces, and_2s farthings.

- Tfie-Sacred Harmonic Society's Concerts recom-
mence on the Gth inst., with the performance of Handel's
Oratorio Israel in Egypt.
INFLUX OF SHIPFING.—SO many vessels have ar-
rived in the port of London from all parts of the world
during the past week, that it has been found impossible
to provide a sufficient number of officers of the Customs,
by whom the vessels. are boarded at Gravesend, and who
never leave them until the whole of the cargo has been
delivered, to meet the emergency, and several vessels, in
consequence, have of necessity been for a time left un-
guarded. This is of very rare occurrence, and is partly
owing to several of the tidewniters having been taken
from their regular duties to assist in the landing depart- .
i
ment, in order to facilitate the discharge of the vessels,
and the landing and housing-of their cargoes,

THIS DAY'S NEWS.

QUEEN'S BENCH.--(THIS DAY.)
(Sittings in Banco.)
LAKE S. THE HOKE OF ARGYLE.
This was an action brought by a printer, to recover a
debt due to him from the British American Association,
of which the Duke was President. The case came on
for trial, and the jury found for the plaintiff.
Mr. KELLY now applied for a, rule to enter a nonsuit,
and for a new trial, on the ground that there was no suf-
ficient evidence produced at the trial to fix the defendant
with the liability, and contended that the case was per-
fectly different from the case of a commercial and trading
firm.

Lord DENMAN read through his notes of the evidence
as adduced at the trial, from which it appeared that the
plaintiff had been employed by the Association before
the Duke became President.

The Co EMT took, time to consider their judgment.
THE QUEEN V. THE CORPORATION OF HOVER.
Mr. HILL applied for leave to amend a rule which had
been obtained last term, to bring up certain orders for
the payment of money made by the defendant., in order
to their being quttshed.

Mr. KELLY, whc; was in Court, prepared on the part
of the defendants to show cause against the rule, opposed
the application, which was refused, with costs.

INTBSTER V. WILSON.

This was an action brought against the Mayor of
Kendal for an assault. The mayor had held his court
for the election of town-councillors in a room, and put
up a notice stating that none but persons coming to
vote were to be admitted. The plaintiff, a burgess, ac-
companied a voter to the room, and was ejected by the
defendant. He therefore brought his action for the
assault, and the Lord Chief Baron, before whom the
cause was tried, held that the defendant had a right to
hold his court in a room, and to eject the defendant; and
told the jury, that if they were of opinion that the
arrangements were proper, they would find for the de-
fendant. The jury found for the defendant, but added
that they thought the arrangements were not proper.
Mr. KNOWLES now moved for a rule to set aside the
verdict, on the ground of misdirection on the part of the
judge, inasmuch as by the 82d section of the Municipal
Act the plaintiff had a right to be present in the room,
and also that the court was an open court, and the de-
fendant bad no power to remove the plaintiff from the
court, and also on the ground that the verdict, although
nominally for defendant, was in fact for plaintiff, inas-
much as it stated that defendant's arrangements were
not proper,
Lord DENMAN—You are entitled to a rule.
Rule nisi granted.

BAIL COURT.-(THIS DAY.)
There was nothing of interest in any of the motions
which came before the Court this morning. At eleven
o'clock the Court resumed the case of "Payne v. the
Guardians of the Strand Union," which occupied all the
afternoon of yesterday, and would engage the Court till
its rising this day. It was a claim for 50L, for work
done as a surveyor, which was disputed by the Board of
Guardians. The case was a complicated one, and pos-
sessed little interest.

EXCIIEQUER.-(THIS DAY.)
COLLINSON V. THE NEWCASTLE AND DARLINGTON BAIL•

WAY COMPANY.
This was an action tried at the last Durham assizes,
before Mr. Justice Cresswell, to recover certain penalties
of the defendants for injuries done to the plaintiff by in
terfering with a road upon his farm. By the 263 d sec-
tion of the Act for constructing the railway, it was
enacted that where a road was "cut through, raised, de-
pressed, or crossed," so as to become impassable, the de-
fendants should construct another road in its place, or
remedy the defects in the old one. By the succeeding
section of the Act, it was enacted that the defendants
should pay the sum of 20/. a day to the collector of the
trust of such road, so long as the specific instructions in
the Act were not complied with. In the case of a private
road the Act provided that payment should be made to
the proprietor. The defendants had pleaded that under
their Act the plaintiff could not maintain an ac-
tion, he not being the owner, but merely the occu-
pier of the farm, across which the road ran. This
road was intersected -by the Company's line at
its junction with the Darlington-road ; and the
plaintiff alleged that his communication with Darlington,
which is a market town, had been seriously impeded.
The jury on the trial, after several hours' deliberation,
could not agree upon a verdict. At midnight they went
to Mr. Justice Cresswell's chambers, and informed him
that .eleven of them were unanimous in their verdict,
but that the twelfth differed from them. The Learned
Judge directed them to find a verdict for the defendants,
with leave to the plaintiff to move the Court above. He
also said that in his opinion the plaintiff was not the
proper person to have brought the action.
Mr. KNOWLES now moved the Court for a rule to
show cause why the verdict given at the trial should not
be set aside, and a newitrial granted.
The COURT, after considerable discussion, allowed a
rule nisi, and expressed a hope that an amicable settle-
ment might be effected between the parties, by which
the exorbitant expense of a new trial would be avoided.
Mr. KNOWLES, who concurred in the sentiments ex-
pressed by the Court, stated that the defendants would
find his client willing to enter into an amicable
arrangement.

HAYWOOD V. MAYWOOD.

This was an action tried before Mr. Justice Whiteman,
at the last Worcester assizes, and the jury, to the sur-
prise of the Learned Judge, found a verdict for the plain-
tiff for 2181. The action was brought by Anne Hay-
wood, the administratrix of John Haywood, deceased.
The defendant, Jacob Haywood, was a large farmer, in
Worcestershire, and employed his brother, John Hay-
wood, whom he had relieved from pecuniary difficulties,
to manage two farms of which he was the owner. The
action was for work and labour rendered to the defendant
by the testator, the plainti ff, and their son and daughter.
No specific agreement was made between the parties as
to the amount of remuneration which they were to re-
ceive for their services, and the only evidence of any
arrangement consisted in a conversation between the
plaintiff's son and the defendant, the defendant telling
him that he would allow 21. 2s. a week for the two
farms.

Mr. CwwDEn now moved for a rule to show cause
why the verdict should not be set aside and a new trial
had, on the ground that the verdict was contrary to the
evidence.—Rule granted.

COMMON PLEAS.—(THIS DAY.)
moon V. WEDGWORTH.
This was an action of trespass, to which the defendant
pleaded a i ight of way. On this issue was joined, and
the jury found for the plaintiffs, damages 40s. The
question was whether a way through two closes, which
had ibeen long used as a thoroughfare, was a public way
or not.
Mr. Sergeant SHEA this day obtained a rule nisi for a
new trial,