The Sun.
London, England, 1844-12-12 00:00:00

rn SUN, LONDON, THURSDAY MORNING, DECEMBER 12 1344.

IRELAND. i ward, and contented themselves with abuse of him
REPEAL ASSOCIATION. ; personally. Another portion of the press that as-
DUBLIN, DEC. 9.—The weekly meeting of the Res 'sailed him was the English pressr—(Hear,' hear.)
peal Association was held at the Conciliation Hall, The Morning Advertiser accused him of inconsis-
to-day, and was as usual very numerously attended. tency. It was an honest paper, neither -Whig nor
Mr. O'Connell arrived shortly after one o'clock, and Tory, and it promulgated the sentiments of an honest
was received with loud and enthusiastic applause. On and, numerous class of individuals, whose property it
the motion of the Hon. and Learned Gentleman, I was. That paper accused him of inconsistency in
Mr. Henry Grattan, M.P., took the chair, amidst giving up repeal for federalism. It was rather hard
loud cheers. that such a charge should have been made against
-
The CHAIRMAN returned thanks for the honour , him, when his letter of the 2d of .October could not
done him. He said he never hoped or wished to be a I have been read by the writer. He had, in that let-
leader in a bad cause, and he never would be a de- iter, distinctly stated that he would require the re-
serter in a good one. If he were asked what brought storation of the Irish kingdom, under their present
him there that day, his reply would be that he came 'Sovereign, and the reconstruction of the Irish Houses
to discharge a public duty, and in doing so he should of Lords and Commons, before the question of fede-
at the same time congratulate the country on the , ralism could be adopted. In fact, as Dr. Maunsell,
spirit of friendliness, of benignity, and of nationality, ; who made the excellent speech in the corporation
which was fast increasing throughout -the land.— ; and even the Examiner admitted, he abandoned
(Hear, hear.) The north, the south, the east, and the I nothing, but that he looked for 20s. in the pound of
west were all beginning to understand that the best j the debt due to Ireland, and then expressed his wil.
and most useful thing an Irishman could do was to lingness to take 10s. more in addition. That excel-
take his countryman by the hand, and no matter what lent periodical, Tait's Magazine, which he considered
his creed or caste might be, to assist him cordially in nearly the ablest and _best of the monthly publi-
forwarding the interests f their common country. I cations, admitted the same thing. The Morning
He would wish to see that spirit pervade her Ma- Chronicle had, to_ be sure, come out upon him on
jesty's Ministers ; but he regretted to perceive from all the same subject. Now, there was a good deal
he saw and read, that there were little symptoms of of cajolery in the course taken by that paper
repentance in that quarter.—(Hear.) There were latterly. The writers in the Chronicle appeared
three matters which he wished to mention to the tto think that he was so young a bird that they
meeting. The first was, the establishment of read- could eatch him with their chaff, but he disregarded
ing-rooms, which he was glad to find had been taken their cajolery; and as to any accusations from any
up with spirit by the Committee of the Association. quarter of inconsistency in his conduct, he would
He recollected when he first went the Leinster cir- treat it with the utmost contempt.—(Cheers.) While
cuit as a member of the bar, that in the seven prin- he was looking for, emancipation, he often found
cipal towns of the province, there was but a single himself obliged to abandon one course that he found
bookseller's establishment. The next topic which he impracticable to adopt another, and he was then told
had to mention to them, was a document which he that he was inconsistent; but he was all the time ad-
held in his hand. It was the address, signed by no 'fencing towards the one object, and he merely went
less than 1,080,000 of the Irish people, to her Ma- round the rock instead of waiting to cut through it.—
jesty the Queen, praying for an inquiry into the re- (Cheers.) The London Examiner had assailed him
cent legal proceeding against Mr. O'Connell and his tor speaking of the impenetrability of the English
fellow martyrs. They had received no favourable mind. [The Learned Gentleman read the article of
answer to that address.—(Loud cries of "Hear, hear.") the Examiner, which has already appeared in our
He was there to join with them in inquiring how it paper, and then proceeded.] He would ask, was there
was that the laws of that country could be violated by ever a more atrocious and insolent calumny against
any set of men, and a number of her Majesty's sub- any man than every line of that article ? While the
jects unjustly imprisoned,• without any redress, or miscreant who wrote it was grovelling in his garret,
even inquiry being ordered into the proceedings.— he (Mr. O'Connell) had been struggling for his_
(Hear, hear.) He attributed the outrages that now country, and he would add, successfully struggling
existed among the people, both of the north and south, for his country.—(Hear.) He had brought Ireland
to that feeling, for when the' peasantry saw the (16- to the notice of all Europe, of the civilised world. ller
vernment violate the law by day, they would do so wants, her sufferings, her fidelity, her religious perse-
by night. The chief Secretary of State and the verance, all the high qualities of her people had, through
Orange wreckers of Tyrone acted on the same prin- his means, been made familiar to the nations of
ciple, and the Irish people were the sufferers from the the earth. And was that the recompense which he
acts of both.—(Hear, hear.) The third subject on was now to get from an anonymous scoundrel scrib-
which he wished to address them was the Catholic bier in the Examiner!—(Hear, and cheers.) His
Charities Bill.—(Hear.) The Hon. and Learned reply to the Examiner at their last meeting was in
Gentleman then proceeded to comment in strong the harshest and severest language he could com-
terms on the conduct of the Government in passing mend ; but he would ask them in what other terms
that measure, their sole object, in his opinion, being should such calumnious falsehoods be spoken of ? He
to get the Roman Catholic Church of Ireland under had called him a miscreant, a base calumniator, and a
the power of the State. For his part he despised any foul liar; and these, he repeated, were suitable terms
offers of promotion that could be made to him. What to speak of him, unless any harsher words could be
honour could it be to his Hon. and Learned Friend found in the English language, in which case he ad-,
to be called Sir Daniel O'Connell or Lord Derry. mitted they were too soft.--,-(Laughter.) The fellow
nane ? A paltry, contemptible -baronetcy had been who assailed him in that way was a base, brutal, aye,
also offered to his brother. They thought to bribe'a and he believed a bribed wretch, though whether he
Grattan, but they never would do so.—(Cheers.) were bribed or not did not make much matter, for.
He had been himself offered a place, and was told that the rascal who would so act for nothing, could scarcely
the Chancellor would promote him still higher if he be made much worse, even by bribery. He said his
mitigated his political feelings. He was not strong life was before the public, that all his speeches were,
enough, or he would have flung the gentleman who to be found in the newspaper files for the last forty-
had brought him the message out of the window.— five years, and that if any passage could be pointed
(Loud cheers.) He would maintain that it was ne- out in the entire, which would Justify the charges
cessary for the safety of the Crown that the Tories made against him, or in which any solemn assertion
should be put down. His solemn and decided opiniOn of his life had been contradicted, he would admit the
was, that the Queen must put out her present ad- propriety of the course which the Examiner had
visers or she would lose Ireland.—(Great cheering;) taken. He really expected when he received the
The Government -had, in the terms of Burke, pro- last Examiner, on that day, that some attempt
claimed anarchy. He called upon the people of Ire- would have been made to meet his challenge, but
land to resist the present Government to the utmost, there had not. The Hon. and Learned Gentleman then
It was not enough,' as he had heard Mr. Sheil once read the observations respecting him from the last
say in one of his eloquent speeches—it was not enough number of the Examiner, and proceeded at some
to tread the ; power of Toryism to the ground, but length to argue that he was perfectly justified in the
they should hold the viper by the head. It was not course which he had taken with respect to the appro.
sufficient merely to extract his fangs, but they must priation clause and the other matters on which that
take frotn.him his poison.—(Hear, hear, and cheers.) journal attacked him. He then proceeded to state
The SECRETARY having read the minutes of the that he would next turn to a publication which gave
last day's proceedings, him the greatest pleasure. lie alluded to the late
Mr. O'CONNELL said 'they had received letters production of Mr. Grey Porter. There were several
stating that- the spirit of ribbonism was rapidly ex- passages in that pamphlet which he desired to have
tending in the counties of Cavan and Leitrim. These inserted in the minutes. It was a subject for gratu -
misguided men adopted the ludicrous name of Moll lation to observe the growing spirit of nationality
Maguire, and committed outrages to a most formi- which was displaying itself in every part of Ireland,
dable extent. It- was evident that some designing and he would venture to prophecy that the time was
-knaves were going among the people and misleading not far distant when universal Ireland would refuse
them, but they Rou Id find the bitter consequences of to continue the serf and slave of England.—[The
it when it was too late. Some of them would, no Hon. and Learned Gentleman read several passages.]
doubt, be executed, and many of them would be The plans he had read for restoring the nationality of
transported, and their wretched wives and families Ireland were not his, but of an excelleut Protestant
reduced to ruin' and misery, and all on account of gentleman. Mr. Porter complained of the want of
their foolish.' and abominable practice of attacking national songs and sentiment. As to songs, he con-
houses at night.- It was necessary that some decisive sidered the Nation could supply him with a few—
steps should be taken by the Association to protect (Cheers)—though he did not approve of them all.—
the people from the consequence of a continuation of (Hear.) He would again make the declaration which
those crimes, and he would there Tore beg to move the he so often repeated, that he was ready to yield the
suspension of the standing order, and the adoption of conduct of the movement to any Protestant noble-
the following resolution :—" That Thomas Steele, man who would consent
.to take his place. Let
Esq., the head pacificator of Ireland, be requested to the Duke of Leinster or Lord Cloncurry come for-
go down to Cavan and Leitrim, and to make the best ward, either would be received with that consideration
exertions that he possibly can to put an end to the which his rank and station entitled him to. Yes, Mr.
disturbances existing there, and, if necessary, to bring Porter was right in declaring that he considered there
the perpetrators of them to justice." was nothing sectarian in the repeal movement. If
The motion was carried unanimously. there were a preference given to any man it was to
Mr. STEELE expressed his readiness to fulfil the the honest Protestant, such as his friend Smith
sanctified duty of restoring the tranquillity of the O'Brien, or their worthy Chairman.—(Cheers.) (Mr.
country, because he considered the peace of Ireland as O'Connell was here interrupted by the barking of a
her power and irresistible might.—(Cheers.) dog • the Hon. Gentleman asked, was that the editor
The SECRETARY having announced the receipt of of the Standard ?)--(Loud laughter.) With the as-
several-remittances, sistsnce of such men as Mr. Porter Ireland should not
Mr. O'CONNELL read a letter from the Hon. Mr. remain only a province, and the time was coming.
Hutchinson, and moved the insertion of the letter on when a bloodless revolution would restore to Ireland
the minutes. ; such a constitution as she possessed in 'B2.—(Cheers.)
The SECRETARY read a letter from the Irish resi- Was it not delightful to- have such a pamphlet ?
denti in Buenos Ayres to Mr. Smith O'Brien, ten- (Cheers.) He rejoiced most heartily in it. His
dering their co-operation in the struggle now pro- plan, however, in sonic parts he considered impracti-
gressing for the restoration of the Legislature of Ire- cable; but it was not the less worthy of the most
land, and inclosing a bill of exchange for 1121. The attentive consideration. He approved most highly of
his suggestions with regard to the foundation of a
document was received with loud cheers, and, On
national militia; but he would defer arming them till
the motion of Mr. O'Connell, was inserted on the
minutes. the Irish Parlianient assembled. Iffiftygentlemen,auch
as Mr. Grey Porter, came forward, and declared them-
Mr. O'Coeleieu, then said it was his duty to offer
his excuse for not producing the report of the Corn- selves in favour of a domestic legislatuae, the indepen-
dence of Ireland would be secure. Suppose a million,with
rnittee on his ten propositions that had been referred
these fifty gentlemen at their head, met or. Tara Hill,
to it at the last meeting. • His excuse was; that the
Committee held its meetings in the afternoon, and and adopted a petition commencing with these words,
during the past week it was, he believed, well known " We, the undersigned, being of a fighting age, humbly
to all who heard him that he had been busily engaged implore," &c. Did they imagine such a remonstrance-
in making speeches on another subject (the Roman would remain unheeded ?—(Cheers.) He considered
Catholic Bequests Bill). He would promise, how- the Englishman as not possessing common sense who
ever, that, on his return from the public dinner at shut his eyes' to the present condition of this country.
Waterford, he would turn all his exertions to the The Hon. Gentleman then made a most pathetic
preparation of that report. The Committee would appeal to the Protestant gentry of Ireland, urging on
be guided in their task by the principle that their them the advantages that would most unquestionably
efforts were to be directed bylone, and above all b
moral means and by follow from a repeal of the union, and demanding
the combination of ood men a
their co-operation in obtaining Ireland for the Irish.
g, ,
the perpetual exclusion of the shedding of one drop He concluded by moving that the passage he had read
of human blood. When he was coming down from the pamphlet of Mr. Porter be inserted in the
to that hall a few days ago, he met a gentleman, who minutes.
reminded him that he had attended three succes-
'After the disposal of some routine business, Mr.
sire meetings during the struggle for Catholic eman-
O Coaneast announced the rent for the week to
cipation in the rooms in Exchequer-street, which he be 3331. 3s. 3d.
(Mr. O'Connell) had hired at his own expense for the Counsellor Mackey was then called to the chair,
purpose, and that the greatest number who attended and the meeting adjourned.
at any of those meetings NM 14. He did not de- THE NEW SHERIFFS.
spair of Ireland then, and why should he despair now, All the High Sheriffs for the ensuing year have
when no room was large enough to contain the num-
been already selected by the Lord-Lieutenant from
her who flocked around him ?—(Cheers.) Yet the:
the lists furnished by the judges of assize. For the
had obstacles before them. They had the English city of Dublin Thomas Crosthwaite, Esq., the second
on the list, has been appointed, Arthur Guinness, Esq.,
press, a great deal of the Scotch press, a quantity of
the Irish press, and all the French press against them. having declined to act, on account of age.
—(Hear, hear.) The French press, of all shades and RIGHT OF CHALLENGE IN FELONY
politics, had been latterly abusing him, but he had CASES.
been tolerably even with them.—(Hear, hear.) lie In consequence of the decision- of the House of
had been saying nothing of `the crafty despot who Lords in the appeal of the Queen v. S. Grey, the Go-
filled the throne of that country, or of M. Guizot, vernment have caused circulars to be issued to the
who pretends so much love for England. The Journal Crown Solicitors, directing them to sue out writs of'
des Debats, the organ of Louis Philippe himself, corn- error in the cases of the several prisoners tried at the
menced the attack. He wished they would let Ire- last assizes for felony, and to whom the claim to chal-
land alone, when Ireland was letting them alone.— lenge peremptorily had been denied, as the offences
(Hear, hear.) They pretended that even in the case with which they had been charged were not capital.
of a war with England, they would not do so shame- The result of this proceeding will be a very material
ful a thing as to attempt taking Irelandfrom Eng- increase to the calendars at the next spring assizes.
land. They have too much -honour, forsooth,for that.rd The writs are to be sued out without expense to the
to it. They rejoined to him, and h haHde.tehernepoinee
They commenced the attack upon him,td prisoners.
CHARITABLE BEQUESTS ACT.
word in answer to that rejoinder. a
uaccused Mr. O'Connell attended another meeting yesterday
their master, Louis Philippe of
•being in. St.
l Catherine's parish, and again spoke at consider-
and of having violated the solemn 'pledges by etiwrliech
uaaigoaißnsotultahne
CCahtahroitaliob he acquired the throne. Louis Philippe canhave no DrenAtiArchbishop
Act.ofT u a
title to the throne except the will of' the entire has issued a lengthy
leßl
address tohis clergy, denouncing
people. He did not condemn that title. On thel
the Act in the most unqualified te
contrary, the Queen of those realms was the rightful REPRESENTATIONal
rms.
OF TIPPERARY.
sovereign of the empire ; but under the doctrine of , It is stated that the
Hon. Mr Hutchinson, brother f
legitimacy she would find a person With a prior title. the Earl of D h is °
h andshe had
But still her throne was perfectly secure,
repeal candidate for the count of T' ipperary. Mr.
succeeded to that throne, as her ancestors had done, Hutchinsou is now in France.
without an attempt at opposition. He was not, there- The Tipperary Constitution states' that the Tories
fore, disputing the popular statement; but, on the have determined to contest the representation; but
contrary, he was free to confess that it was an admi- they could not poll a fourth of the registered consti-
cable :title to their own throne ; but what he corn- I tuency, and, therefore, have not the least chance cf
elained of was, that Louis Philippe, haviing obtained I success.
the throne on certain conditions, had violated every
one of those principles. There were three principles
on which his claim to the throne were founded—

Sir Robert Peel's fourth son, Mr. John Floyd
Peel, has just entered the Scots Fusilior Guards as En-
sign and Lieutenant.
LINLITHGOW.—It will be gratifying to learn that
the ancient and royal palace of Linlithgow has lately
undergone extensive repair•, under the sanction and at
the expense of the Government. This venerable build-
ing forms one of the noblest piles of ancient architec-
ture in Scotland, and, with the sweet and placid loch re-
T osing amidst the graceful undulations of the neighbour-
, ing landscape, forms altogether an object of much beauty
and interest. Some encroachments having been made
on the boundaries of the loch by some of the small pro-
prietors whose lands come down to the water's edge,
Mr. Donald Horne, from the office of her Majesty's
Works, inspected the locality a few days ago, and we
understand has fully confirmed the ancient right of the
public to free access round the loch.—EdinburghiViinefs,

they were liberty of the press, freedom of trial by
jury, and freedom of education. Every one of those
principles had been violated. Such atrocious laws
against the press as those passed by Louis Philippe
had never before been heard of. He had infringed on
the right of free and open juries, and so far from
public opinion being now capable of controlling the
verdicts of juries in France, a law had been passed
under Louis Philippe, making it criminal to
publish the names of a jury. As to education,
he was making every exertion to put down I
dl religious education, and to establish an in• I
adel system of education. The writers of I
the French press were cautious against meeting
any of those arguments which he had brought for•

0-4 11q/

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C;:iVI e.4,plasti

3 ~:ti

eid i(:;liij

LAW INTELLIGENCE.
PRIVY COUNCIL, Dec. 11.
The Yudicial Commitfee of the Privy Council sat to-
day at the Council Chamber,. Whitehall. The Lords
present were the Master of the Rolls, Mr. Baron Parke,
the Chancellor of the l)uchy of Cornwall, and the
Judge of the Prerogative Court.

JONES V. GODERICH.

The further arguments in this part heard appeal from
the Prerogative Court were resumed and concluded to-
day. Their Lordships postponed giving judgment.

COURT 01 QUEEIV'S BENCH, Dec. 11.
Lord DENMAN sat at Nisi Prius to-day at the Guild-
hall, with London Common Juries. During the course
of the morning several causes were disposed of which
were of no interest except to these concerned.

WINTER ASSIZES.
NORTHERN CIRCUIT.—York, Dec. 9.
(Before Mr. Justice COLERIDGM.)
His Lonnsun. sat this morning at the Guildhall, for
the purpose of trying Joseph Steadman Maddison, aged
38, who was charged with having, on the 12th of June
last, and on subsequent periods, being at that time a
clerk in the employ of Mr. Swan, in the city of York,
feloniously embezzled 101. and other sums, the property
of Mr. George Swan.

This case has excited a great deal of interest, not only
in York but elsewhere, so that the court at an early hour
was crowded in an unusual manner.
Mr. Wilkins and Mr. Dearsley prosecuted the prisoner,
and Mr. ,Bliss defended him.

COURT OF COMMON PLEAS, Dec. 11.
The Court disposed of all the common jury cases of
the present sittings, and rose at twelve o'clock. There
are many causes on the spacial jury list, which will be
taken to-morrow, Thursday. The Court will resume
the sittings at Nisi Prius in .Westminster-hall, on Satur-
day, 21st inst.

COURT OF EXCHEQUER, Dee. 10.
(Nisi Prius Sittings before the Lord Chief Baron and
Special Juries.)
SCOTT V. O'BRIEN.

This was an action for an assault. The parties are
well known to the sporting world, and, judging from the
crowded state of the Court, the case seemed to excite
considerable interest amongst the persons connected
with the turf.
Mr. Cocanunx (with whom were Mr. Hance and Mr.
James) stated the facts of the plaintiff's case very nearly
as they afterwards appeared in evidence. He added,
however, that the plaintiff, smarting under the wrong
who was greatly his su-
the day on which the assault
dp
eo
rni eo
rh mn
pbhyy
st icea defendant,l
force,
on
occurred sent a friend to the defendant to demand that
satisfaCtion which, however improper, it was not unusual
under such circumstances for one gentleman to receive
from another. Mr. O'Brien declined meeting Mr.
Scott, whether upon any assumed ground of superiority,
or because he was opposed to that relic of barbarism,
duelling, he (the Learned Counsel) did not pretend to
say. Under those circumstances, Mr. Scott brought his
action, and he had no doubt that a jury of genth men
would afford him ample redress for his outraged feelings.
Mr. Langley was the first witness called.—He de-
posed that he was outside Westminster Hall on the
let of July last, when the famous " Running Rein case"
was tried, in which Mr. Wood was the plaintiff, and
Colonel Peel the defendant. His attention was
attracted by the noise occasioned by a scuffle,
and he observed Mr. O'Brien following and striking
at Scott,, whom he was "driving bnckwards.
When witness first saw them both parties were on
their legs, but on a sudden he missed Scott, and pre-
sently after, pressing his way forward, beheld Scott, with
one knee in the gutter and the other on the kerb stone.
Scutt was holding up his hand as if to defend himself,
and whilst in this position, O'Brien hit him deliberately
in the Lace and other parts of the body. Scott Ras
knocked down. Some friends afterwards assisted him to
rise, and he was put into a cab and drove off. O'Brien
had a blue ring on his finger encircled with gold. Scott's
face was much cut about the nose, his eyes were swollen,
and he appeared a good deal hurt, O'Brien is a much
taller, stronger, and younger man than Scott.
Cross-examined—Witness did not see the beginning
of the affray. Did not know that Scott bet 011 commis-
sion for Running Rein. Knew that on the day of the
trial there was betting going on outside Westminster
Hall as to the result.
Captain Hugh Brabazon Higgins stated that he was
outside Westminster Hall en the Ist of July. Thete
were a great number of persons assembled connected
with the turf. Witness was walking with Captain Garth
when Mr. Scott joined them. It was about two o'clock
in the afterrtoon when witness observed O'Brien ap-
proaching. He seemed so much excited that witness re-
marked to Captain Garth that he looked very warlike.
As O'Brien passed witness, Captain Garth and Scott, he
said, addressing Captain Garth, " How can you walk
with that wretch ?" Witness bad no doubt the observa-
tion was meant for Scott. Scott immediately re-
plied by saying, " What do you mean, you thief?"
O'Brien then attempted to take a stick out of Captain
Garth's hand, but did not succeed. He then rushed at
Scott, struck him several blows, and knocked him down.
Scott get up with an intention of defending himself, bet
was immediately knocked down again. In fact he had
no chance whatever. Witness observed O'Brien take
plaintiff by the hair of the head, and inflict on him se
veral blows whilst plaintiff was stretched at full length
on the flagway. There was no further provocation for
the assault than what witness had stated. Witness saw
plaintiff in a day or two after, and his face still boee
marks of the assault. Witness had heard there was a
diepute between plaintiff and defendant, which was re-
ferred to Captain Rom, who had decided in Scott's fn.-
your. Witness had also heard that defendant had given
the plaintiff the guarantee of a most respectable gentle-
man for payment of his debt. Was not walking arm-in-
arm with the plaintiff when the assault took place.
Knew plaintiff, but ,not intimately. Had dined with
him once. Also knew defendant by meeting him at
Tattersall's and elsewhere. Scott was at Tattersall's the
evening of the day on which the assault was committed.
Mr. Travers, the eminent surgeon, was called to provie
that he saw the plaintiff shortly after the accident, when
his face exhibited some severe contusions.
By the LORD CHIEF Baeon—Witness did not know
that the plaintiff was going to Tattersall's the same
evening, or else he should have advised him, as matter
of precaution, not to have done so.—(A laugh.)
Mr. Peel remembered being at Limmer's Hotel, in
Conduit-street, on the 4th of June last. It was the set
tling day for the Oaks. O'Brien came in and inquired
for Scott. He appeared much excited, and used threaten-
ing language as regarded Scott. Shortly after, witness
met Scott coming into Limner's Hotel, and advised him
not to corns in, as O'Brien was so much excited. Scott
came in, however, aud•spoke to O'Brien, upon which a
violent altercation ensued, the particulars of which wit-
ness does not recollect.
Cross-examined—Witness knows O'Brien. Advised
Scott not to come in, to prevent a row, but he insisted
on doing so. Heard Scott say yesterday that he would
fight O'Brien for 1,0001. This was at Limner's Hotel.
Scott was joking about this trial.
Mr. Gregory, M.P. for Dublin, was at Limmer's Hotel
on the 4th of June, and gave the same account of tNe
occurrence there as had been given by the last witness
(Mr. Peel). This witness understood that O'Brien
charged Scott with saying something prejudicial to his
character.
Mr. jEnv/13 (with whom was Mr. Petersdorff) then
addressed the jury for the defendant. It was now quite
clear that Mr. O'Brien believed that Mr. Scott had beeps
propagating reports on the turf prejudicial to his honout,
and that he had been anxious to obtain an explanation
from him. Stung with these imputations, which were
as slanderous as they were unfounded, and which went
to charge Mr. O'Brien with being a levanter, and de-
sirous of escaping from bis honourable engagements.
Mr. O'Brien, ueon seeing Mr. Scott walking with
Captain Garth and. Captain Higgins, did use the expres-
sion " wretch," as deposed to. Now " wretch" was ati
unmeaning word, it might mean anything; but the word
" thief," which Mr. Scott used in reply, was far more
offensive, especially when applied by him to Mr. O'Brien.
The defendant could not receive a greater provocation,
and he inflicted such chastisement on Mr. Scott, as any
one, under such circumstances, might expect from a man
whose temper was not under perfect control. As to the
challenge to fight a duel, the action was commenced the
very next day, and Mr. O'Brien could not be expected to
treat a man as a gentleman who asked for gentleman-
like satisfaction with a writ in his pocket. The Learned
Counsel submitted that the smallest damages would
satisfy the justice of the case.
The LORD CHIEF BARON thought that a gentleman
who applied the word " wretch" to another must not be
surprised if the word "thief" was retorted. There
was no evidence that the plaintiff had previously done
the defendant any injustice. It only appeared that they
were not on good terms. On the whole, he thought it a
very proper case to bring before a jury, who would award
the plaintiff such damages as he seemed entitled to, not
merely in regard to his physical sufferings, which were
not very serious, but as a compensation for the injury
inflicted on his feelings.
The jury, after a short consultation, returned with a
verdict for the plaintiff—Damages, 1001.

There.were three principal counts in the indictment
and numerous minor counts. To the second principal
count Mr. Bliss took an objection—it stated three dis-
tinct receipts of money within the period of six calen-
dar month 3, but did not state the embezzlements to have
taken place within that period. The Learned Counsel
contended that this was not sufficient, and referred to a
decision of Mr. Justice Matteson in the "King v. Pur-
chase," reported in Carrington and Marshman, where
that Learned Judge had so held. After a slight dis-
cussion,

Mr. Witturis said he saw the objection, and could not
contend with it.

The facts of the case may be very briefly narrated.
In 1842 crime was found to increase so rapidly in and
around York, and with such impunity did thieves carry
on their depredations, that a party of gentlemen esta-
blished themselves into a society fur the protection of
the lives and property of persona in the neighbourhood,
and in order effectually to carry out their laudable pur-
pose, they employed a police force of their own to act
as patrols, within a circumference of 10 miles round
the city of York. The prisoner, who applied to them
for a situation, and whose application was backed with
the highest testimonials, was appointed the superin-
tendent of the whole of that force, at a salary of 21. per
week. At a subsequent period, to his other duties was
added that of collecting subscriptions in aid of the society,
and for this extra labour the prisoner was presented with a
bonus of 101., and he was allowed 5 per cent. upon all
subscriptions that he collected. All subscriptions it was
his duty, immediately on their receipt, to hand over to Mr.
Swan, the banker, of York, who acted in the capacity of
treasurer to the society, and was also a member of the com-
mittee, and to furnish a weekly return of all receipts.
Once every month also it was his duty to draw sums of
money from the bank for the payment of the police, and
he continued to draw from the bank for that purpose, up
to the 6th of July last, between 701. and 801 per month.
Since the month of January preceding, however, though
drawing these sums out, the prisoner had paid nothing
into the bank as subscriptions. When he applied there-
fore for more money on the 6th of July, Mr. Swan re-
fused to advance any more, and the consequence was
that on the Bth of July, two days afterwards, Maddison
had disappeared from York. When next heard of he
was filling the situation of Procurator Fiscal in the town
of Dundee, where he had not been long, when finding
that he was likely to be " wanted" (as was alleged by the
prosecution), he wrote a letter to Mr. Anderson, who was
the secretary to the society, admitting that he might be
found to be in arrear with his accounts, and praying
that the committee would grant him a short time to
make all straight with them and his other creditors,
which he hoped soon to be able to do, as he had obtained
a good situation. Defalcations were found to exist in
his accounts, and hence the present charge.

Mr. R. 11. Anderson was the first and principal wit-
ness called.--.ln his examination in chief that gentleman
deposed to nearly. all the facts as above detailed.

ross-examined by Mr. fistai— The prisoner had been
in the service of the society from December, 1842, till
July, 1844. I found him a diligent, efficient, and good
officer. He left some account-books behind him in the
office. lam not aware that he had to find horses at
any time for his men. I am not certain that the prisoner
said he had expended the subscriptions which he had re•
ceived in his travelling expenses. He might have said
so. He did not, I thin, say that his expenses amounted
to above 2001. a-year; but he frequently complained of
his salary, and wished to have it increased. The pri-
soner had on several occasions made verbal announce-
ments to me as to the state of his accounts, and has stated
an account of subscriptions received, an amount of sub-
scriptions in arrear, the sum paid over by him to the
bank, and the sum in his own possession. His expenses
no doubt were heavy, and I have heard that he suffered
some losses whilst in the service of the society.
Mr. John Hexby, of Easingwold, proved giving a sub-
scription of 101. to a policeman named Hare on the lit of
April last, to hand over to Maddison on behalf of the
society.
Hare deposed to having delivered that sum to the pri-
soner on the Ist of April.

Mr. George Swan, ihe treasurer, deposed that it was
the prisoner's duty to hand over subscriptions to him
immediately on their receipt. He had not paid to him
an 7 subscriptions to the 22d of January.
!'his was the case fur the prosecution.
Mr. Buss addressed a most able, ingenious, and argu-
mentative speech to the jury, and commented at great
length on the letter written by Maddison to lfr. Ander-
son, and contended that, so far from being a proof of
dishonesty, it showed an anxious desire to pay up his
arrears. This was the case of a man, happening to be in
arrear, leaving one situation to obtain a more profitable
one. Immediately on obtaining it he writes to the
secretary, communicating his address, stating his ap-
pointment and his salary ; admitting (without being
questioned) his arrears, and begging that the committee
would wait patiently but for a short time, when be would
pay up his arrears to the society, and make all straight
with them and with the rest of his creditors. Was that
like a man absconding after having committed the crime
of embezzlement ? lie had been in arrear before. He
had not always paid all up at least, and it was known at
the auditing of the accounts, which from time to time
occurred, that he was somewhat in arrear, yet they suf-
fered him to go on, and he did go on. He was anxious
to pay up his arrears, and he went to Dundee, that he
might the better and the sooner do so. From January
to July he paid no money into the bank ; the society
must have known that he had received subscriptions
during that time, and yet they asked him for no account.
He put it to the jury whether this was not simply the
case of a man in arrear with his creditors, and not that
of one feloniously embezzling the property of his em-
ployers. The Learned Counsel then called

Charles John Scott, who deposed that he was clerk to
the magistrates of Chester• le-Street. He knew the pri-
soner when he was superintendent of the Durham con-
stabulary force. He always acted honestly. Witness
went went round to the magistrates on Wednesday
last, and obtained a document in favour of the prisoner.
Cross-examined--I have never heard that the prisoner
had been guilty of forgery in Scotland. I never heard
such a thing mentioned till this moment.
Mr. Justice COLERIDGX then summed up. There was
no doubt that the prisoner had received money for the
socioty, which it was his duty to pay over to the treasurer.
There was no doubt that he had not paid it all over. The
question for the jury to decide was, whether the prisoner
had fraudulently kept back that money, and applied it to
his own purposes ?
The jury retired to consider, and after an absence of
about three hours returned a verdiet.of Guilty, with a
strong recommendation to mercy, on account of his pre-
vious good character.—Sentence deferred.
Immediately after the summing up his Lordship left
the Guildhall, and proceeded to the Castle, where the
county cases were proceeded with as usual. The jury
remained at the Guildhall, and came to the Castle in
charge of an officer, as soon as they had. agreed on their
verdict.

OXFORD ClRCUlT;—Shrewsbury, Dec. 9.
(Before Mr. Justice Cot,Tau's.)
Richard ..Tones, aged 25, Thomas Jones, 21, Enoch Jones,
0, John Jones, 17, William Jones, 19, and Edward
Turner, 24, Were indicted for a highway rubbery, in
company, on the 20th of November last.
Mr. Corbett conducted the prosecution. Messrs.Phil-
limore and Neale appeared for the prisoners.
Humphrey Richards, the prosecutor, an individual
who, to judge from his appearance, and the manner in
which he gave his evidence, was endowed with less in-
tellect than usually falls to the lot of even a Welsh
labourer, on entering the witness-box, being asked by
the Learned Counsel for the prosecution, if he could
speak English, replied, without hesitation, " No, Sir, I
cannot." This answer, as may be sapposed, caused
some laughter, when the witness, apparently recollecting
himself; suddenly pretended that he could not understand
any observation made to him; after some coaxing, how-
ever, and the manifestation of much dogged reluctance,
he at length consented to make a sort of half-intelligible
reply to the questions addressed to him; this he con-
tinued to do for about an hour, when his sulkiness and
taciturnity put a stop to the further progress of the case,
and it was found necessary to swear an interpreter,
after which the business proceeded somewhat less tardily
than before.
It was a matter of some difficulty to arrange, in an in-
telligible form, the confused and broken statement of this
man. The following, however, seemed to be the sub-
stance of his complaint
He resided at Gad-m, in the parish of Liansillin, and
on the 20th of November went from his home to the
town of Oswestry, for the purpose of selling some oats,
for which he obtained 51. 55., and was returning about
eight o'clock in the evening, with the cash in his pockets,
when he deemed it advisable to turn into the Woolpack
for refreshment. Here he imbibed several pints or liquor,
and remained over his potations for three or four hours,
during which time several other parties came into the
kitchen where he was sitting, amongst whom were some
of the prisoners. It was proposed in the course of the
evening, as an intellectual amusement and a harmless
diversion, that the company present should try the
strength of their respective skulls by what is termed
" bumping heaths," a proceeding to which the prosecutor
apparently might have safely engaged with the owner of
the thickest and hardest pericranium in the principality.
In accordance with this laudable suggestion, the prose-
cutor and another man, in order to prepare themselves
more readily for the encounter, took off their coats, and
ranging themselves, as did several other sapient couples,
on oppesite sides of the room, at a given signal they
all rushed together, and the weakest, as might
be anticipated, and, as usually happens, " went to
the wall ;" but the frequent repetition of this delightful
and exhilirating pastime was not, fortunately, attended
with any manifestation of ill humour, its monotony alone
probably, therefore, suggested its discontinuance, and
about, half-past eleven the men parted for the crowed
purpose of returning to their respective homes. Hum-
phrey Richards walked some distance with a man of the
nathe of Sides, when they were overtaken by some of
tl'.eir previous companions, one of whom challenged
'Sides to figlit. This was near a house called Perkington
Lodge. Six of seven men bad at this time collected
Iround, and Sides was knocked down, and almost at the
same time a stone was cast which struck Richards on
the eye, and he received simultaneously a blow on the
;back part of the head from a thick stick. This had the
.affect of cutting open his head and knocking him down.
,On rising ho tried to run off in tho direction of ()weary,

SUPPLING V. NURSE, OVENDEN, AND MURPHY.
This was an action for entering the plaintiff's dwel-
ling-house without a search-warrant, ransacking his
drawers, &c., and taking away a pair of spectacles, &c.
Mr. Watson and Mr. Hurnfrey, were for the plain-
tiff ; and Messrs. Jervis, Chamber; and Rawlinson for
the defendants.

It appeared that the plaintiff, who was a person ad-
vanced in life, and who had formerly been in the army,
was lately employed in the Polytechnic Institution in
Regent-street; but, in consequence of some breach of the
regulations of the establishment, had notice to quit.
Some platina having been missed from the rooms, BUS
picion fell, though without any just cause, as it ap-
peared, on the plaintiff, and on the morning of the 19th
of March last the defendant Ovenden, who was a police-
man, accompanied by Murphy, who was also a porter at
the establishment in Regent street, entered the plaintiff's
lodging in Marylebone-street, whilst the plaintiff and his
wife, who was in extremely delicate health, were in bed,
ransacked their drawers, looked over their letters, be-
haved with some rudeness, and took away a pair of
German silver spectacles belonging to Mrs. Surfling,
because they were contained in a case which appeared
to have been brought from the Polytechnic Institution.
On the same day, between two and three o'clock in
the afternoon, Ovenden, the policeman,
returned with Mr.
Nurse, who is, it appeared, one of the directors of the
Polytechnic Institution, and a magistrate of the county.
Nurse expressed a strong suspicion of plaintiff's honesty,
and charged the plaintiff with having letters of his in his
possession, which the defendant denied. The letters
were then searched, but none addressed to Mr. Nurse
could be discovered, but it turned out the spectacles had
been fairly purchased by Mrs. Surfling from a vendor at
the Institution, who stamped his address on the articles
sold there. Mrs.i Surfling's health was so much injured
by the proceedings adopted by the defendants, that her
husband had to call in a medical attendant, who con-
tinued in attendance for some weeks, and whose charges
amounted to 141. Bs.
The defence was, that the defendants had acted bona
fide upon reasonable
grounds of suspicion, and without
any unnecessary harshness.
The LoED CHIEF BARON thought that there was no
case made out against Murphy, and directed his acquit-
tal. He was clearly of opinion, however, that Mr. Nurse
and the policeman had acted illegally in s.arching the
plaintiff s lodgings without a warrant. If Mr. Nurse
was a magistrate, as stated, he ought to hare known
better. 'The plaintiff was clearly entitled to some corn-
penqttion for the inconvenience and annoyance he and
his wife suffered at the hands of the defendants.
The jury found fur the plaintiff; with 501. damages
against Nurse sad Ovenden, and acquitted Murph;,

L:;ll,tx

bit he was pursued and again knocked down. While on
the ground several of his assailants tried to get at his
pockets, and kicked and struck him violently for some
time, during which he kept crying out " Murder" loudly.
After they left the prosecutor he rose and ran to a hovel
standing in a field by the road side, where he found
that he had }ost 4/. 125., which was safe in his pocket on
leaving the Woolpack. The injuries which Richards
sustained were of a tolerably severe nature ; a consider
able quantity of blood flowed from the wound is his
head, and he was for some time incapacitated from pur-
suing his avocations.
A great number of witnesses were called to substan-
tiate his testimony, but some discrepancies and incon-
sistencies were apparent in their respective narratives,
originating probably in the obtuseness of their intel-
lects, occasioned by the rough treatment to which their
heads had been subjected, and to the. deep pots.
tions they had imbibed.

The trial occupied the time of the Court nearly the
whole day, and terminated et a late hour in the evening
by a verdict of Guilty against all the prisoners, excrpt
William Jones. John Junes then received sentence of
imprisonment, with hard labour, for six months, arid all
the rest for the term of twelve months.

DEC. 10, FOUR O'CLOCK, ♦.M.

The business at this town had not terminated at
twelve o'clock last night, when his Lordship was still
sitting ; there yet remain some further unimportant cases
for disposal, whch will probably occupy some part of
the day, whereupon the Leal ned Judge will proceed to
Stafford this afternoon, this being the commission day
for that county.

POLICE INTELLIGENCE.
(YESTERDAY.)
CLERKEIV WELL.

Ivanhoir Kantrowitz, sen., and 'vault. ff Kantrowitz,
jun., who give concerts at rosby, hall and other places,
under the name of the Polish family, charged Mr.
Woolf-end, a respectable tradsman, living in Old North-
street, Red Lion-square, Mr. Bailey, and Mr. Pullen,
broker, with assaulting them.
Solicitors appeared on both sides. The complaint was
simply this : —That they having taken lodgings at Mr.
Woolfond's house, were forcibly expelled from their
apartment by Mews. Woolfond and Pullen. The as-
sault was not a serious one. The complainants were
dressed in singular costume, and an interpreter was re-
quired, in, order to translate the Polish language to the
Magistrate.
The defence set up by the defendants was, that the
younger Kantrowita and his brother had taken an apart-
ment several months ago, but, as they were 51. in debt
for rent, Mr. Woolfond ejected them ; they were forcibly
expelled, the door locked, and the key given up in the
usual manner. The complainants again took possession
of the room, and it was contended, even if Mr. Wool-
fond and Mr. Pullen had by force expelled them from
the room, they were justified in doing so, as they had
been already legally ejrcted. The bed had been removed
from the complainants' room, and they brought in a
bundle of straw, on which they lay, refusing either to
give up possession or pay their rent.
Mr. Costar: bound over the defendants to answer the
charge at the sessions.

THE LATE BANK OF ENGLAND
ROBBERY.

FINAL EXAMINATION OF BURGESS AT
THE MANSION-HOUSE.—(YESTERDAY).
Long before the hour pointed for the re-examina-
tion of the Bank clerk, Wap
in. Burgess, the various ap-
proaches to the Mansion house were crowded by re-
spectably dressed persons, who appeared eager to obtain
admission to the justice-room. In the immediate vici-
nity of the Mansion-house, there were many persons
anxious to obtain a sight of the prisoner, but in this they
were in a measure disappointed, as he was conveyed to
the Mansion-house some time before the hour at which
it was stated he would be brought up before the Lord
Mayor. The justice room was not inconveniently
crowded, and the reporters were, as on the last occa-
sion, accommodated with seats below the bar.
The Lord Mayor entered and took his seat at twelve
o'clock precisely, and after the disposal of three cases
the prisoner was placed at the bar in the custody of John
Forrester, charged with having fraudulently obtained the
transfer of 8,2001., which stood in the name of William
Oxenford, Esq., in the Bank of England in the Three per
Cent. Consolidated Annuities.
Mr. L C. Salomons appeared for the prisoner ' • Mr•
Weir, from the office of the Bank solicitors (Messrs.
Freshfield arid Co.), attended to conduct the prosecution.
Burgess looked more concerned than during his ex-
amination before the Lord Mayor on Wednesday last.
He appeared to be suffering considerable pain in his left
leg, and was accommodated with a seat, as he was al-
most unable to stand. It appeared that he caught a se.
sere cold whilst endeavouring to escape from the officers
who pursued him from the hotel in Boston to Brewster's
Island, nearly eleven miles distant, and that it settled
into a severe attack of rheumatism.
The first witness examined was Mr. C. C. Lawrence,
cashier in Messrs. Lubbock and Co.'s bank, who stated
that at about twenty minutes to two o'clock on Tuesday
the 3d of September, the cheque now produced was of-
fered to me for payment. It was for 8,0001., and was
drawn on the bank by Charles Keener, a gentleman of
considerable property, who keeps his account at Messrs.
Lubbock's. The cheque was presented by a shorter per-
son than the prisoner, but he (the prisoner) accompanied
him. On inquiring the name of, the person who pre-
sented it, they gave that of William Oxenford. I wrote it
on a piece of waste paper. I asked them how they would
have it, and the person who accompanied the prisoner
said, " All, or part in gold." I answered, that it they
wanted it in gold they had bettor get it at the Bank,
adding, that I would pay the cheque in notes. To this
they assented, and I handed the notes to the prisoner's
companion. The notes produced are those I gave him.
Cross-examined by Mr. Salomon—Mr. Keazer is in
the habit of drawing large amounts from the banking-
house, much larger in amount than 8,0001. He keeps a
very large account. I did not get the prisoner's friend to
write his name on the back of the cheqne. I had no
suspicion that there was anything incorrect, and consi-
dered that it came fairly into their possession. Mr.
Keazer does a great deal of business on the Stock Ex-
change.
Mr. Thomas Agar, a teller in the Bank of England,
wad next examined—On the 3d of September, a person
unknown presented notes to the amount of 8,2001. to
me for payment. My principal, Mr. Dean, directed me
to pay the money. As we were out of cash in our de-
partment, I made an order on another department of the
Bank for MOON. in gold • 8,000/. was paid to that per-
son, and the rest he handed to me. This person pro-
duced two canvas bags and a carpet bag. The gold was
emptied into the canvas bags, and they were put into
the carpet bag. The prisoner was not present. Tne
person endeavoured to carry the bag. but did so with
difficulty. I remarked that it was heavier than
he thought. I offered him the service of two
porters to carry it to the door of the Bank. He ac-
cepted their services, and they left him at the entrance.
Cross-examined—l did not get the person to write his
name on the back of the notes.

Mr. Salomon then proceeded to address the Lord
Mayor on the part of the prisoner. He presumed his
Lordship had been informed under what Act of Par-
liament the prisoner had been brought before him. In
his opinion the charge against him could not be main-
tained. He begged his Lordship to bear Lin mind that
the prisoner did not go to the Bank of England to receive
the money, but that the other person went there and re-
ceived it. He contended that the prisoner was not the
person who represented Mr. Oxenford. It was true he
was present at the time, but he submitted that he did
no more than any stockbroker would have done. The
Act of Parliament was somewhat ambiguous as to the
punishment of persons fraudulently identifying persons
transferring stuck. He had no intention of defrauding
the Bank of England when he identified the person
known as Joseph Elder. Was it not probable that the
prisoner—a young man of five-and-twenty—might hare
been made the dupe of a man about town, and a no-
torious horse dealer, as Elder was ? He admitted that
the prisoner had acted with great imprudence
Burgess had received an excellent education, and had
obtained the appointment which he held in the Bank
through the instrumentality of one of its present Direc-
tors. After addressing the Lord Mayor at much greater
length in behalf of the prisoner, he concluded by sub-
mitting to his Lordship that there was not sufficient evi-
dence to justify his Lordship in committing him for trial.
The LORD MAYOR said he was quite warranted in
committing the prisoner for trial on the evidence which
had been adduced before him.

%lr. Salomon said he could give very cogent reasons
why the prisoner absconded.
The LORD MAYOR—If he was innocent why did he
run away from justice? But he did not intend to make
any remarks on the case, which would be fully investi-
gated before another tribunal. Burgess, I shall commit
you for trial.
The prisoner, who hung down his head and cried bit-
terly during his solicitor's address, rose and bowed to his
Lordship.
The depositions were then read over, and the prisoner
was fully committed for trial, and walked from the bar
with difficulty.

THE LATE RAILWAY ACCIDENT

NEAR N()TTINGIIAM-ANOTHER DEATH.

NOTTINGHAM, TUESDAY, DEC. 10.—Another of the
sufferers by the recent awful collision an the Midland
line of railway, expired this morning. His name is Boles-
bridge, and he was landlord of the Three Horseshoes
Inn, on the Derby-road, in this town. The injuries he
received at the moment of the accident were compare.-

Lively trivial, and up to Sunday List every hope was
entertained of his complete restoration." On that day,
however, very unfavourable symptoms became apparent,
and, after lingering in great agony about thirty hours,
he died. _ _

The Borough Coroner, M. Browne, E:q, has issued
gummonses for an inquisition on the body, to sit at six
o'clock this evening.
The imminent danger of another sufferer by the col-
lision, Mr. Roberts, of Leicester, a comriercial traveller,
may be judged of by the fact, that a quart of brandy has
been administered to him every day since the accident,
to prevent death from sheer exhaustion. It will he re-
collected that this sufferer underwent an amputation of
the kg, and other severe operations.
The other sufferers are progressing favourably.
The trial of Mr. Lightfoot, for manslaughter, is ex-
pected to commence on Saturday next, before Mr. Jus-
tice rat teson.

RAPID TRAVELLING.—Last week a gentleman left
London at ten o'clock forenoon, and was in Perth the
next day at four o'clock afternoon. He left by the
Birmingham train, went to Fleetwood on the coast, of
Lancashire, where steamers to Ardrossan, in Ayrshire,
wait the arrival of the train, and sail about eight o'clock
the same evening. He reached Ardrossan early next
morning, left by the first Glasgow train, and was in time
for the morning coach to Perth; thus anticipating the
mail by fire hours,—Ferth paper.