The Sun.
London, England, 1844-07-04 00:00:00

No. 16,188. LONDON, THURSDAY EVENING SU N 7 JULY 4, 1844

PRICE sd.

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BRITISH INSTITUTION, PALL-MALL.
The GALLERY, with a SELECTION of PICTURES by
ANCIENT MASTERS and DECEASED BRITISH ARTISTS, is
OPEN Daily—Admission Is. Catalogue Is.
WILLIAM BARNARD, Keeper.

pHILHARMONIC SOCIETY.
The LAST CONCERT will take place on MONDAY EVENING
NEXT, when will be performed Beethoven's' Sinfonia Eroica. Trio
Corelli—Messrs. Lindley, Lucas, and Howell. Scene, with Chorus,
from "As you Like it"—H. Smart. Dr. Mendelssohn Itartholdy's
First Walpurgis-night, with Chorus (first time In this country). Con-
certo Violin-31r. Sainton. A Selection from Beethoven's Ruins of
Athens, with Chorus, M.S. (Vrst time in this country). And Weber's
Overture to Oberon. Vocalists-31iss A. Williams, Miss Dolby,- Mr.
Allen, and Herr Staudigl. Leader-31r. T. Cooke. Conductor—Dr.
Mendelssohn Bartholdy.
Single Tickets One Guinea, and Double Tickets, 11. 10s., to be had
of Messrs. Cramer and Co., 201, Regent-street.
SA

.CRED HARMONIC SOCIETY, EXETER-
MALL.
TO-MORROW EVENING, July 5,
Will be repeated
Dr. P. MENDELSSOHN BARTHOLDY'S ORATORIO,
ST. PAUL.
To be conducted by the Composer.
PRINCIPAL VOCAL PERFOR3IERS,
Madame Carac'ori Allan, Miss Dolby, Mr. Hobbs, Mr. J. A.
Novell°, and Herr Staudigl.
The Band and Chorus will consist of about 500 Performers.
Tickets, 3s. each ; Gallery reserved seats, ss. ; Area reserved seats,
10s. Gd each ; may bo had of the principal music-sellers ; of Mr.
llowlvy, 53, Charing-cross ; Mr. Mitchell, 39, Charing-cross ; and of
Mr. Ries, 102, Strand, opposite Exeter-hall.
THOMAS BREWER, Hon. Sec.

MIDSUMMER HOLIDAYS.
ROYAL POLYTECHNIC INSTITUTION,
LONGBOTTOM'S PHYSIOSCOPE exhibits the human face
with its -varied expressions, on a gigantic scale, curiously contrasted
with the lbring man. The OPAQUE MICROSCOPE magnifies ef-
fectively a Hum :mien of WORKS of the FINE ARTS ; also casts of
INSCRIPTIONS, taken by Miss Wilson from the WALLS of the
TOWER ;of LONDON, cut by Lord Guilford Dudley and other State
Prisoners: Arrangements have been made for Dr. RYAN to deliver
VARIED LECTURES on the evenings of Monday, Wednesday, and
Friday; and Professor BACIIHOFFNER on the alternate evenings.
These Lectures. on Popular 6ubjects, as well as the Morning Lectures
will abound in interesting experiments. ARMSTRONG'S HYDRO-
ELECTRIC MACHINE. DIVING BELL and DIVER. NEW
DISSOLVING VIEWS, &e. &c. The Mesio Is conducted by T.
Wallis, Mus. Dec.

•
ROYAL COMMISSION OF FINE ARTS.
THE EXHIBITION of WORKS of ART in
WESTMINSTER HALL is NOW OPEN.—Admission (from
Nine o'clock till Sc en), One Shilling. Catalogue 6(1.-
C. L. EASTLAKE, Secretary.

RIDING HABlTS.—Ladies are invited to in-
spect those made by Messrs. _NICOLL, Habit-makers to the
Queen and most of the Ladies of the Court.
Cards may he had at 114, Regent-street, London.
Messrs. Nicoll offer moderate prices, as a further inducement to a
correct fitting habit,

LAMERT ON DEBILITY, NERVOUSNESS, ANN ALL
DISORDERS ARISING FROM EXCESS, &c.
" He who in pleasure's downy arms
Ne'er lost his health or yeuthfu !charms,
A hero lives, and justly can
Exclaim, in me behold a man I"
Just published (in a sealed envelope), Tenth Edition, price Ss. 6d.,
or sent by post, free, to any address, 3s. 6d.„
ELF-PRESERVATION : a Popular Essay on
1.,3 those concealed disorders originating in youthful excesses,
and terminating in Nervous Debility, Local and Constitutional
Weakness, and all those Sinking', Anxieties, and Tremors, which
afflict the Weak, the Sedentary, and the Delicate. With Practical
Observations on Marriage, and on the Anatomy, Physiology, and
Diseases of the Reproductive Organs, with plain Directions for
their perfect Restoration.
By SAMUEL LAMERT, Consulting Surgeon
9, BEDFORD-STREET, BEDFORD-SQUARE, LONDON,
Matriculated Member of the University of Edinburgh, Honorary
Member of the London Hospital Medical Society, Licentiate of
Apothecary's Hall, London,&c.
.• The various positions of Lover, Husband. and Parent, the in-
herent privileges of mankind, are frequently marred and prevented
through the follies and &althea of early indiscretions. To such,
among others, this Essay addresses itself; and by its perusal many
questions may be satisfactorily adjusted that admit of no appeal even
to the most confidential friend."—Stafford Gazette.
" The design of this work will be tolerably obvious from its title,
and we cordially recommend the author and his book to all who are
suffering from nervous debility and general weakness."—Wakefield
Journal.
Published by the Author, and sold in London by S. Gilbert, 51 and
52, Paternoster-row; Starie, 23, Tichborne-street, Quadrant, Regent
' street • Hannay and Co., 63, Oxford.street ; Noble, 114, Chancery..
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Just published, price 2s. 641., and free by post (in a sealed envelope)
Price 3s. 6d.,
THE SILENT FRIEND • a Medical Work on
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servations on Marriage, and directions for the removal of certain
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Published by the Authors, and sold at their Residence, 19, Berners.
street, Oxford-street ; also by Strange, 21, Paternoster-row; Purkis,
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The CORDIAL BALM of SYR! ACUM is exclusively directed
for the cure of nervous and muscular debility, impuissance, &e.
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PERRY'S PURIFYING SPECIFIC PILLS are the most effectua
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Consultation fee, if by let!er, 1/. A minute detail of cases is ne-
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legalcharge, and the judgment which was passed upon all these
counts cannot be sustained in point of law. The judgment
has been passed fir a greater number of offences than were
charged in the indictment—a greater number of offences
than the defendants had pleaded guilty to. I must call your
Lordships' attention again to the first count. It first sets out
some overt acts, omitted in the next, although in respect to
general charges the first and second counts were the same.
Now, I must call your Lordships' attention to this first count.
The charge is that the defendants conspired and agreed with
each other and with divers other persons unknown to raise
and create discontent and dissatistnetion amongst her Ma-
jesty's liege subjects stir up hatred and con-
tempt of her Majesty's Government—to excite hatred
and jealousy in the minds of her Majesty's Irish
subjects towards their English fellow-subjects, and to create
discontent in the army. I have now read to your Lordships
the first count which charges one conspiracy to do certain
acts, and to acomplish certain specific purposes. There is no
doubt, my Lords, that this count presents but one charge,
that is of a conspiracy to do certain acts. I am not here to
say to your Lordships that the defendants might not be found
guilty upon part of that count. Although it was bad in part, yet
it might be severed, and the verdict might be taken upon part.
The finding could only be on one conspiracy, and the judg-
ment of the Court could only be one offence. The verdict of
guilty of conspiracy could only apply to one illegal agree-
ment or association. There are not several agreements
alleged, but only one; but the jury have found the defendants
guilty of three several conspiracies, though the indictment
presented a charge of only one. It would be found the same
as if it stood thus :—Eight persons conspired to cheat another
person A.B. of three horses, black, white, and grey. Eight
persons are supposed to conspire, they are proved to have
met in a room—that they came to an agreement to cheat
A. B. out of his black horse; but a part of them declined
to become parties to cheat A- B. out of another horse. Two
persons out of the eight retire from the room, and those who
remain enter into an agreement to cheat A. B. out of another
horse. A portion of them again retire, and those who are
left conspire to cheat A. B. out of the remaining horse. Now
here are three conspiracies between different persons at dif-
ferent times. .Such would be found to be the conviction. in
the present case. Eight persons would be found to have
conspired to do certain acts. Some of those are found to have
conspired to do other acts, and there is a third conviction for
conspiring to do other acts, referring obviously to different
times, and with respect to some of the acts to different persons.
(The Hon. and Learned Gentleman here read the finding of
the jury at length on the first and second counts.) Now, by
this finding there were eight persons convicted of one con-
spiracy, seven persons convicted of another conspiracy, and
three persons convicted of a third. Now, on the record, there
is one entire charge. The first and second counts contain
one charge only, but the finding makes them guilty of dis-
tinct offences, some distinct as to the persons, and all as to
their objects. These offences may be more or less extensive ;
they may be the whole, or a portion of the count, but upon
the finding the defendant can only be guilty of one
offence. It was not competent for the jury to find
and the Court to give judgment upon perfectly distinct and
independent offences, although those offences are part
of what is the entire charge, and although each of these
might have been the subject of an indictment.
This finding, therefore, cannot be a good one.
If there are three perfectly distinct legal offences, they cannot
be convicted of one entire offence. The first objection in this
part of the case is, that upon those two counts, each being
entire, the jury did not convict the defendants of one entire
offence, but convicted them of three distinct offences. On the
third count, your Lordships will find that Daniel O'Connell, Mr.
Barrett, and Mr. Duffy, are found guilty:of the whole of the
third count, and that Mr. John O'Connell, Mr. Steele, Mr.
Ray, and Dr. Gray, are not found guilty of the whole of it ;
they are not guilty of that part of it which charges them
with conspiracy to excite disaffection in the army, and
the Reverend Thomas Tierney was found guilty of that
part only which relates to 'the exciting of disaffection in the
army. Here your Lordships will observe that Daniel O'Con-
nell, Mr. Barrett, and Mr. Duffy, are found guilty of the
whole matter of the count. They were charged with con-
' spiring together with Mr. John O'Connell and the other de-
fendants to accomplish certain objeets, and Mr. D. O'Connell,
Mr. Barrett, and Mr. Duffy, are found guilty of conspiring to do
that of which Mr. J. O'Connell and the others who conspired
with him are not found guilty. It is impossible that Mr. D.
O'Connell, Mr. Barrett, and Mr. Duffy could have conspired
with those other persons without those other persons con-
spiring with them, for the nature of a conspiracy is, that a
mutual agreement or contract has been entered into to effect
the common object. The count charges eight persons with
conspiring together, and they find that the eight are guilty,
but that five of the eight were not guilty of what three
others were convicted. 'lf the acquittal of the five be right,
the conviction of the three must be wrong, and here the
same objection arises of finding two offences, and I think
this finding is erroneous, and ought to be set aside.
The LORD CHANCELLOR—Suppose a case of three persons
being indicted for conspiring to do an act, of whom two are
found guilty and the third acquitted—would not that be
good ?
Sir T. WILDE—I do not apprehend you can find that two
men conspired with a third, and find in the same record that
the third did.not conspire with them.
The LORD CHANCELLOR—In a conspiracy between A, B,
C, and other persons, if you find A guilty of a conspiracy, it
is not necessary that C and B should be joined in the con-
spiracy.
Sir T. WlLDE—Every indictment for a conspiracy must
be framed in one of two ways—either that persons unknown
.had conspired with A and B, or that A and B, and others
unknown, had conspired; but you must always prove the
conspiracy as you charge it.
The LORD CHANCELLORIS it necessary to prove a con-
spiracy against all the persons who made parties to it 2.
(ACtliis period of the proceedings it was announced that
the Royal Commissioners were in waiting to give her Majesty's
assent to certain Bills.)
The LORD CHANCELLOR—We will renew the argument
after the Commission is over.
Counsel were then ordered to withdraw, and the Royal
Assent was given by Commission to certain Bills, for which
see our Parliamentary report. After the Commission the
argument was resumed.

-Sir THOMAS WILDE then resumed—Your Lordship was
asking me a question respecting the acquittal of one defen-
dant, when three were charged on an indictment for conspi-
racy. I know of no case in which a record properly en-
tered and properly prepared shows incongruity on the
face of it. In this case, instead of finding that
Daniel O'Connell, Barrett, and Duffy conspired with each
other, and with certain persons unknown, to do certain
acts, the jury find that they are guilty of the premises charged.
On the first and second counts they find them guilty of con-
spiracy with each other to do certain acts which form a part
of the premises set out in those counts. In an indictment
against those persons for conspiracy with each other to do
certain things, if the guilt of one of the three is not esta-
blished, the proper mode of entering the finding is, that as to
No. 3, not guilty, as to Nos. I and 2, guilty of conspiracy
with each other, to do so and so.

SAILING UNDER FALSE COLOURS ! ! !
THE BRITISH COLLEGE of HEALTH
hereby CAUTIONS the PUBLIC against the numberless
Pills sold under fictitious names and titles, which have sprung into
existence since Mr. Morison's work appeared. The parties who put
forth such pills (sailing under false colours), take the name of some
eminent person not in existence, and then most fraudulently make
extracts from Mr. 'Morison's work, which they put into their bills in
order to obtain a sale for their pills. It is, therefore, against such a
nefarious practice that Messrs. Morison deem it their duty and inte-
rest to warn the public, being determined that the Ilygeiau Theory of
Medicine, as introduced by James Morison, the llygeist, shall not bo
lade a vehicle to such fraud and imposture.
MORISON and CO., llygeists.
_ _

,
Lord CiMPBELL-LI that an essential part of the agree-
ment ?

British College of Health, Hamilton-place, New-road, July, 1844.
N.B. We would advise• the public, should they feel inclined to
patronise such pills, to be cautious in making inquiries as to who
the Proprietors of such medicines really are. The practice of adopt-
ing the Hygeian theory with an inefficient or improper medicine, of
course tends to bring that theory into disrepute.

Sir T. WILDE—The essential part is, that it is an agreement
with several to do certain acts which constitute a conspi-
racy. The indictment here charges a conspiracy not only
with the eight defendants who were living at the time of the
trial, but with a ninth who was not living.
The LORD CiLtscELLon—Three persons are indicted for
conspiracy, and two have bean found guilty of the premises,
whilst the other is not guilty. Will not that do?
Sir T. WILDE—No, my Lord. I must pray your Lordship
not to use the word premises, without stating its meaning.
The LORD CHANCELLOR—I made use of the word premises,
because it is in this very count.
Sir T. WILDE—And I use it for the same reason. But
then, when your Lordship uses this an as objection, I ask
what is meant by premises? The word " premises," I ap-
prehend, means that they are guilty of having entered
into the conspiracy charged in the count. If it does
not mean that, who can tell what it does mean ?
If the word " premises" be a legal word, there must be a
certain meaning attached to it. Suppose they were to be in-
dicted again, what would be their plea?
The Loa) CIIANCELLOR—I think it is precisely the same

PERIAL PARLIAMENT

(THIS EVENING.)

Jll GE T AWB LEA FEVEI3I atOlt. G S

HOUSE OF LORDS.
ROYAL ASSENT.
The Royal Assent was given to day, shortly before 4 o'clock,
by Commission, to the following Bills : —The Sugar Duties
Bill, the Vinegar Duties' Bill, the Slave Trade Treaties Bill,
the Gold and Silver Wares Bill, Forestalling Abolition Bill,
the Night Poaching Bill, the Assaults (Ireland) Bill,
the Limitation of Actions (Ireland) Bill,"Lthe Leeds and
Bradford Railway Fill, the Manchester and Rossendale
Railway Bill, the York and Scarborough Junction Railway
Bill, the Eastern Counties and Peterborough Railway Bill,
the Salisbury and South-Western Branch Railway Bill, the
Whitehaven and Maryport Railway Bill, the Chester and
Holyhead Railway Bill, the Edinburgh and Glasgow Extension
Railway Bill, the Shoreham and Chichester Railway Bill,
the South Devon Railway Bill, the South-Eastern Railway
and Folkestone Harbour Bill, the Stratford Railway and Har-
bour Bill, the Edinburgh, Glasgow, and Stornaway Railway
Bill, the Preston and Wyre Railway Bill, the Coventry
Water Works Bill, the Sheffield Gas Bill, the Manchester
Warehousing Bill, the Manchester Police Bill, the Manchester
Magistrates Bill, the Manchester Infirmary Bill, the Man-
chester Improvement Bill, the Nottingham Canal Bill, the
British Society Incorporation :Bill, Southampton Improve-
ment Bill, Canterbury Improvement Bill, Liverpool Fire
Prevention Bill, Blayne Iron Company Bill, the British
Iron Company's Bill, European Life Assurance Company's
Bill, and various turnpike, drainage, estate, naturalisation, and
other Bills.
The Commissioners were the Archbishop of Canterbury, the
Lord Chancellor, and Lord Wharncliffe.
After the Commission their Lordships resumed the argu-
ments in the ease of the Queen v. O'Connell and others.
Their Lordships re-assembled for Parliamentary business at
Five o'clock, when the LORD CHANCELLOR took his seat en
the Woolsack.
The Bishop of LONDON presented petitions from various
Wesleyan, Baptist, Independent, and Church of England Con-
gregations against the Dissenters' Chapels Bill,
The Earl of GALLOWAY presented a petition from Olney,
in Bucks, to the same effect. The Noble Earl also moved the
postponement of the third reading of the Brothels. Bill until
Tuesday week, in consequence of the absence of a Right Rev.
Prelate.
The Earl of MOUNTCASHEL presented petitions from
several Presbyterian congregations in the north of Ireland
against the Dissenters' Chapels Bill.
Messengers from the Commons brought up certain Bills.
Lord CAMPBELL presented two petitions from Aberdeen,
one in favour of the Presbyterian Mixed Marriages (Ireland)
Bill, and the other against the Dissenters' Chapels Bill.
Lord REDESDALE presented a petition from Yorkshire
in favour of protection to agriculture.

MOROCCO.
The Earl of MINTO gavenotice of his intention tomorrow
to put a question to the Government, with a view of ascertain-
ing whether they had adopted any measures to send to the coast
of Morocco a naval force sufficient for the protection of British
interests. Perhaps some member of the Government would
inform the Noble Lord at the head of the Admiralty of his
intention to put the question.
WAR IN AFRICA.
The Marquis of CLANRICARDE gave notice of his in-
tention to put a question to some Member of her Majesty's
Government, on Monday, as to the war pending in the western
part of Africa.

BANGOR AND ST. ASAPH.
Lord WHARNCLIFFE brought up the report of the Com-
mittee appointed to inquire with respect to this Bill. The
Committee reported that it was a measure for which it was
usual to have the consent of the Crown before they proceeded.
Lord CAMPBELL presented a petition from Glasgow
against the Dissenters' Chapel Bill.
The Bishop of LLANDAFF presented similar petitions.
The LORD CHANCELLOR, on the application of the
Bishop of London, fixed the consideration of the Lords' Amend-
ment to the Dissenters' Chapel Bill, for Monday week.
THE STATE TRIALS.
The Earl of RADNOR presented a petition from West-
minster, praying that the House would address the Queen, to
exercise her prerogative on behalf of Mr. O'Connell and others.
POST-OFFICE.—OPENING LETTERS.
The Earl of RADNOR then rose for the purpose of moving
for a Committee of their Lordships upon the subject of opening
letters by the Government and the Post-office. Notwith-
standing what had taken place in the" other, House of Par-
liament, he felt bound to bring forward tea subject, which
increased in importance every day. A Cothmittee of their
Lordship? House would have more weight than one
of the House of Commons, because their Lordships examined
witnesses upon oath, which they did not in the House of Com-
mons. He believed that until this exposé had taken place, the
public thought that their letters were held sacred, but the re-
velation made in that House bad opened the eyes of the public
to what was going on. From that revelation it appeared that
it was the practice on certain occasions in the Secretary of
State's-office to open letters. It seemed doubtful from the
Acts, whether there was sufficient authority to justify this pro-
ceeding. It had been stated to be one of the original objects
of the establishment of the Post-office, but though it
was mentioned in the preamble of the ordinance, it
was not stated in the main object. The Act of
Queen Anne had been referred to, but there was nothing
either in that or any of the subsequent Acts, which authorised
the Secretary of State to detain and open letters. Although
he admitted that such a power was assumed, that was a totally
dieffrent thing from authority being given to the Secretary of
State to issue his warrant. He would like to know
where the authority was to be found. He believed it was not
to be found in any statute, and the Post-office had not been in
existence long enough to bring it under the common law.
Ile had discovered that he was in error on a previous
occasion, and supposing that the Secretary of State was a
justice of the peace for the whole country. Lord Campbell
had decided that that was not the case, except in the case of
Henson and one of his friends, for stating that was, that
he could not administer an oath, and therefore could not com-
mit. If, then, he was not a justice of the peace, what
power had he to issue a warrant ? It was said that he
possessed it by usage. The Noble Lord then read a judgment
of the Earl of Mansfield's on this point, for the purpose
of showing that the argument of usage did not apply.
The Noble Lord then quoted the opinion of Lord Camden as
to the seizure of popers. He said letters were the dearest pro-
perty men possessed, and so far from inpuring seizure they
would scarcely bear inspection. He did not deny that cases
might arise in which this power would be necessary for the
safety of the state. But to anticipate such a case he thought a
foolish proceeding. If the power were exercised, it was
better it was done on the direct responsibility of the
Minister who might apply to Parliament openly for an indem-
nity ; but he did not think that any case could justify the de-
taining of letters of foreigners. He thought it was a breach of hospitality, against which his mind, and he believed that of
the public quite revolted. _What had they to do with the in-
ternal affairs of other countries? If a foreigner came to this
country and did net violate its laws, he thought he ought to
have the benefit of the Constitution.

Tile clause was then withdrawn.
Mr. TURNER then moved the following amendment at the
end of elause 9:—" And with a view to prevent loss to the
working classes, thas from and after the passing of this Act,
the Governor and Company of the Bank of England, at
their bank or branch banks of issue, shall take, as of the
value of twenty shillings all sovereigns, and as of the value of
ten shillings all half sovereigns, tendered to them, which
equally balance in the scales, notwithstanding the smile may
not turn the balance; and that any loss arising to the said
Governor and Company of the Bank of England, from
the taking of such sovereigns or half sovereigns, shall
be deducted from the profit arising to the publio
from any increase of the issues of the Governor and Company
of the Bank of England, before such profit be paid ever to the
public. In line one, of clause 14, to expunge the words
" Provided always ;" and to insert at the end of line 11, of
clause 14 :—Provided always, that all special circumstance*
arising out of such contract or agreement be ex-
04ined to such Commissioners of Stamps and
Taxes by one of the contracting parties to such
contract or agreement ; and that the said Commissioners of
Stamps and Taxes shall have power to take such special cir-
cumstances into their consideration in adjusting the average
under such contract or agreement. He proposed these amend-
ments in consequence of the loss which the public had sustained
in consequence of light sovereigns.
Sir R. PEEL said the amendment had nothing whatever tti do with the measure which had no reference to the coinage.
Mr. HUME said the public had suffered severely by the
light sovereigns, and the Government should take some• step to
prevent a recurrence of such a public injury and inconvenience.
He thought these had been a great want of attention to the
public welfare in suffering the matter, to lie so long neglected.
Mr. C. WOOD said be apprehended that at the present
moment there was very little inconvenience from light
gold. Whatever extent the evil might have gone to
some time back, it was a satisfaction to know that
it existed but to a very. slight degree at the
present moment. The great point, however, now was for the
Government to take such measures as would, for the' future,
effectually prevent any depreciation of the previous
metals. This was most material, and ought to be most scru-
pulously attended to by the Ministry.
The amendment Ural was, by leave, withdrawn.
(LEFT SITTING.)

TATTERALI/g.-THIS EVENING.

QUARTER TO SIX O'CLOCK.
GOODWOOD STAKES.
11 to 1 agst Red Deer
11 to 1 agst Croton Oil
18 to 1 agst Best-of-Three
17 to I agst Franchise
17 to 1 agst The Pride of Kildare
18 to 1 agst The Currier
17 to 1 agst Canton
20 to 1 agst Parthian
18 to 1 agst Lucy Banks
20 to 1 agst Elegance

GOODWOOD CUP.
6 to 4 agst Alice Hawthorn
8 to 1 agst The Squire

ST. LEGER.
4 to 1 agst The Cure
8 to 1 agst Princess
8 to 1 agst Ugly Buck
8 to 1 agst Ithuriel
10 to 1 agst Red Deer
20 to 1 agst Foig-a-ballagh

This medicine has been proved in many thousand cases to be far
more efficacious than any febrifuge hitherto known, while its use
entails none of the unpleasant consequences too frequently pro-
duced by quinine and other preparations of bark.
It is purely vegetable ; its operation is uniform—its effects Imme-
diate; and it may be safely administered to infants at the breast.
The action of the medicine is slightly narcotic and highly sudorific ;
pains in the head, back, and limbs are immediately relieved, and
fever is eradicated in from six to twenty-four hours. It is exhibited
in the form of a tincture, a phial containing two doses of three
drachms each being sufficient in any case. It has been extensively
used in the East and West Indies, France, Germany and Italy, with
unqualified success, in cases of the most malignant nature, and with
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Testimonials of the most convincing nature from Sir Andrew Hal-
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report, dated British Guiana, Oct. 5, 1834, and in his letter to the
Right Honourable Lord Viscount Ilowick, Secretary at War, on Sick-
ness and Mortality in the West Indies, March 8, 1839), and nu-
merous other distinguished members of the profession, British, Co-
lonial, and Continental, are In the possession of Dr. Warburg. At-
tested copies of the official reports, &c., may be obtained on applica-
tion to any of the Agents for the sale of the Medicine.
Dr. Warburg's Febrifuge is prepared only under his immediate
direction, and is issued exclusively' from ids Laboratory, No. 27, King
William-street, Charing-cross, London ; but it may be obtained of
Agents in any part of Great Britain, and in most of the British Co-
. wiles, price Bs. per phial.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, July 3.
At Guildhall, before Lord DENMAN and a Special Jury.)
LAKE V. THE DUKE OF ARGYLL.
This was an action brought to recover a sum of money for
printing the bills, reports, &c., of the British American
Association. The affairs of this Association have been fre-
quently before the public. The work in question was ad-
mitted to have been done, and the prices were admitted to be
reasonable ; but it was contended for the defence, that there
was no evidence to fix the Duke with liabilities
Lord DENMAN, in summing up, said the Duke's merely be-
coming president would not make him liable for the debts of
the Association. The Duke could only become liable by his
own conduct, and by doing that which induced persons to
give Credit on his account.
The jury, after retiring to consult, and remaining absent
for about an hour, returned with a verdict for the Plaintiff.—
Daniages, 145/.
Mr. Platt, Mr. Swann, and another Learned Counsel were
for the plaintiff; and Mr. Martin and Mr. James were for the
defendant.

- Sir T. WlLDE—Surely it would be a different offence?
The Loup CuANcELLon—Not at all. Suppose the parties
are charged with conspiring with A, B, and C, to do certain
acts, and the jury were to find that they had conspired with
A only, would not that be sufficient?
Sir 'l'. WILDE—Yes, my Lord. But your Lordship omits
the most material part of the question : that B and C have
been acquitted, and the conspiracy with them is denied.
Upon this occasion a conspiracy is charged against eight ;
three are found guilty of the premises. If it was com-
petent to find them guilty of conspiracy with the other
five, why was not the verdict consistent ? For which
charge bad they received judgment ? This applied, to
a certain extent, through all the subsequent counts.
He conceived, therefore, that the record was defective in
what it had not found, and inasmuch as it had not found an
acquittal,; for instance, the whole were found guilty on the
premises when the jury had negatived the possibility of
that guilt by the acquittal of certain persons with
whom they intended to conspire, and on which
intention a portion of the charge was founded.
There is a verdict of not guilty in favour of the defendants,
which ought to have been followed up by judgment. A ver-
dict was of no avail which was not followed up by judgment,
and he was not aware of any case where judgment was not
pronounced in which a verdict of acquittal was found. The
defendants were acquitted on the count charging them with
attending an unlawful assembly, and upon this acquittal the
judgment of the Court was not pronounced.
Lord CAMPBELL—IS that an error of which you can avail
yourself P You can only avail yourself of that by which you
are damnified.

CENTRAL CRIMINAL COURT,
OLD COURT.

MEDICAL TESTIMONIAL-SIGHT AND
HEARING.

From T. J. Pettigrew, Surgeon, F.R.S. to Messrs.
S. and B. Solomons, opticians, 39, Albemarle-street,
Piccadilly,—Gentlemen, I have no hesitation in replying
to your inquiry as to the results obtained by the use of
your Improved Spectacles ; being in the constant habit
of reading and writing for many hours together by lamp-
light, it is but justice to say that your newly invented
Spectacle Lenses have afforded me the greatest comfort.
When I employed the ordinary pebbles, I never failed to
experience in the morning a great irritation in the eyes.
Since I have used your admirable glasses I suffer from
no inconvenience of the kind, and my vision is much im-
proved. I shall ever feel grateful to my good friend,
Dr. Blundell for having drawn my attention to the sub-
ject.—Believe me to be yours, very respectfully. T. J.
I'ETTIGREW, 8, Saville row. Also, newly invented
Acromatic Waistcoat-pocket Telescopes and Opera-
glasses of the same kind of Lenses.—Every kind of Te-
lescope of larger size and increasing powers for shooting,
sea purposes, and upon stand for astronomical observa-
tions the powers are so great and the lenses so bright
and brilliant that minute objects at an extraordinary dis-
tance is brought completely under the eyes. Sportsmen
tourists, and sea-side visitors will indeed here have a
great treat. Acoustic instruments of every description
for deafness. Caution.—Messrs. S. &B. Solomons, opti-
cians and aurists, are not in any way connected with a
person of the same name in their immediate neighbour-
hood, nor in any part of the country. To prevent mis-
takes, be cautious, and observe—Only to be had at 39,
Albemarle-street, Piccadilly, opposite the York Hotel.
WOOD PAVESUENT.—The resolution to lay down
wood pavement in Fleet-street and St. Paul's Churchyard
was rescinded on Tuesday,, at a full meeting of the City Com-
missioners of Sewers.' Trh wooden pavement which is being
relaid in the Old Bailey has been worn only 21 months.

• Sir THOMAS WILDE—Those for whom I appear, and the
other defendants, may be damnified in this respect, that a
verdict ofnot guilty could not be pleaded to another indictment.
The LonD CHANCELLOR—We can repair that defect here.
Sir T. WILDE—I am not aware that in a criminal case,
where the Court below does not pronounce judgment, your
Lordships have ever added it.
The LORD CHANCELLOR—I am informed that the Court of
Queen's Bench: has done so in a case called " The Exeter
case," and upon the distinct ground of its being discretionary.
Sir TitomAs WlLDE—There are many things which the
Court of Queen's Bench would do which this House, sitting
as a Court of Error, would not do. I consider that the verdict
is good for nothing till it is sanctioned by judgment being
pronounced. I have now stated the most important points
which I intended to address to your Lordships, but there are
some others of a technical nature, upon which Mr. Peacock
will address you. My Learned Friends will address your Lord-
ships upon some of those points which I have abstained from
urging at greater length in consequence of the shortness of
time. They will address you on the challenging of the jury
and the constitution of the jury-list.
Lord BROUGHAM—You do not mean to give up the point
with regard to the swearing of the witnesses.
Sir T. WILDE—The very reverse, my Lord. But my
Learned Friends and myself have agreed that there are sepa •
rate points upon which each should address your Lordships ;
and I was afraid that if I should address myself to those
points, that I would occupy too much time, and would pre-
vent others from being heard. I now conclude what I had
to say in the outset.
The Learned Gentleman conclude his argument at five
minutes to live o'clock, and the further hearinof the argu.•
meat was adjourned till to-morrow At ten o'clock.

Mary Ann Wooc4 a woman of the town, and John Moore,
es er e ig
nn
sO Orchard-street rds smt ree esti
a soldier, were charged with corrunitting a robbery, with
(Before Mr. Baron ALDERSON and Mr. Justice WILLTAms.)
violence, upon James Legrave. It was proved in evidence
that the prosecutor was drinking with the female prisoner at
vWeresitinnhinisstterro,uasenrsd.thastclorne
accompanied her home to a court in the neighbourhood. He
hsooNu-
after they got into the room Wood got up and seized hold of
them. The prosecutor attempted to regain them, but she
pushed him out of the room in his shirt. He, however,
pushed the door open, and the prisoner Wood cut off the fob
and took out the money. The prosecutor gave the alarm;
the soldier came up, and, while the female was striking him,
the soldier said, "Give it him." She was subsequently
taken into custody at a public-house, and some money found
upon her.
The sergeant of the prisoner's regiment gave him a good
haapdubslii:
character.
Baron ALDERSON, in summing up, said the case against
the soldier was very slight. The Learned Judge added that
the fact of people being found drinking at a public-house at
two or three in the morning was well worthy the considera-
tion of the Magistrates of the neighbourhood. Intoxication
was the cause of the greater part of the trouble which judges
and jurors had at each assize. If any one were curious
enough to note each case, it would be found that, in almost
every one, drunkenness was the cause of the crime—that is
to say, either the crime was committed by persons while in a
state of intoxication, or it was perpetrated upon some one in
that state.

The female repeatedly denied the robbery, but admitted
that she was drunk.

The jury found her Guilty, but acquitted the soldier.
A record of another conviction was put in, from which it
appeared that the woman Wood had before been imprisoned
far twelve months, for a robbery and violent assault. She
burst into tears, and implored mercy.
Mr. Baron ALDERSON sentenced her to be transported for
fifteen years.
Immediately after hearing the sentence, she changed her
tone of supplication, and, clenching her fists, used a most
opprobrious epithet to Mr. Baron Alderson. She watt re-
moved while uttering imprecations upon him.

A NUT FOR THE PARIS CHARIVARI.—The Prince
of Joinville is in great dudgeon that the Emperor of 'Russia
should be lauded for contributing 500/. to the Wellington and.
Nelson statues. " What is it compared to what we did?"
observed his Royal Highness to Admiral Macka►z. " Didn't
we contribute ' the bronze ?' "—Poach.

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Lard ELIOT
Mr. CHRL:.
Peel whether the Government have n, or intend to take,
any steps for removing the disabilities and disadvantages under
which Dissenters from the Church of England labour in the
profession of the law; but at the request of Sir R. Peel, he
postponed the question to Monday.
THE LETTER-OPENING.
Mr. HUME had seen in the ordinary channels that in the
discussion of the Committee respecting the opening of letters
in the Post-office, the Right Hon. Baronet had said that he was
indifferent to the subject. The contrary was the fact; and in
the first debate he had denounced the opening •if letters as
base and disgraceful; and he had said that nothing could be
more degrading to a British Minister than to act as a spy
for foreign Governments.—( Cheers, and cries of " Order,
prder.") He must say that if the House had ap-
pointed him to the Committee, he would have nothing to do
with it.—(Hear, hear.) He would have nothing to do with
Secret Committees, and he thought that no proceedings of that
House should be secret from the public.—( Hear, hear.) Every-
where he had gone throughout the country, he had heard but
one opinion of this disgraceful conduct. Only yesterday,
in a linen draper's shop at Yarmouth, a person came
in and complained that a letter had not been sent to him,
according to promise. But the shopman assured him that
that the letter had been duly posted, and perhaps it might be
found upon Sir James Graham's table.—( Laughter. )
Sir R. PEEL said that the Hon. Member's absence from
the discussions did not show any intense anxiety upon
the subject ; and he thought that the Hon. Gentleman
having already made up his mind that the transaction was base
and disgraceful, disqualified him from sitting on the Committee.
Mr. T. DUNCOMBE then moved that petitions presented
on the subject be referred to the Committee —Ordered.
THE BANK CHARTER BILL.
On the reading of the Order of the Day for the third read-
ing of the Bank Charter Bill,
Lord WORSLEY presented a petition against the Bill.
Mr. WODEHOUSE then rose to move the amendment of
which he had given notice, to the effect that no tender in the
payment of money made in the silver coin of this realm, of any
sum exceeding the sum of 25/. at any one time, shall be re-
puted in law or allowed to be a legal tender, within Great
Britain or Ireland, for more than according to its value by
weight, after the rate of ss. 2d. for each ounce of silver ;
and no person to whom such tender shall be made
shall be any ways bound thereby, or obliged to receive 'the
same in payment, in any other manner than'as aforosaid, any
law, statute, or usage to the contrary notwithstanding.' The
Hon. Member, having read several long extracts in support of
his views form the evidence taken before the Bullion Com-
mittee, proceeded to say that the measure was dangerous in
the extreme. He was upheld in his views upon this subject
by no less an authority than Mr. Herries. He was at a
loss to find upon what grounds the Hon. Member for Halifax
(Mr. C. Wood) and the Right Hon. Member for Portsmouth
(Mr. Baring) had given such a strong and energetic patronage
to this measure. They had both addressed the House in
laudatory terms of the Right Honourable Baronet's (Sir Ro-
bert Peel's) Bill, but neither of them had informed the
House of the precise reasons which justified their approval of
it. It was well to talk, as those Hon. Members and Mr. Jones
Loyd did, of approaches to perfection in their monetary system,
but in his (Mr. Wodehouse's) opinion, it would be much more
satisfactory to the county to prove that such approaches had
been made. In the whole of his (Mr. Wodehouse's) experi-
ence, he had never read such afarago of nonsense as that
which had been published upon this subject by Mr. Jones Lloyd.
Sir R. PEEL said the clause was not in conformity with
the notice of the Hon. Gentleman.
Mr. WOODHOUSE said it was not.
Sir R. PEEL thought that a great part of the speech of the
Hon. Gentleman ought to have been addressed against the third
reading of the Bill. The clause would have been a very
good one if by the present law the legal tender in
silver was now above 25/. ; but by the present law the legal
tender of silver was limited to 40s. If they permitted 2.51,
be a legal tender in silver, they would of course depreciate the
standard of value of silver. It was impossible for him, there-
fore, to accede to the proposition of his Hon. Friend.
Mr. HUME opposed the clause, as its effect would be to
depreciate the standard value. He should always oppose the
establishment of a double standard.
Mr. MUNTZ believed that if the clause were adopted, it
would not attain the object the Honourable Gentleman
had in view. Ho would take that opportunity of correcting
a misapprehension which had occurred with respect to what he
had said on a former occasion. He was represented to have
said that he advocated a depreciation in the currency. He had
never done this; for he had always believed that the depre-
ciation of the currency was one of the greatest frauds ever
committed on the public.
In answer to a question from Sir W. JAMES,
Sir R. PEEL said, that some new gold mines had recently
been discovered in Siberia.
Mr. P. M. STEWART thought the discovery would place
the Right Hon. Baronet's measure on a surer foundation than
it was before.
Sir W. JAMES Explained.
Mr. WOODHOUSE in reply said, he had proposed the
clause in consequence of a conversation which he had had only
two days ago with Lord Ashburton. He would, however,
withdraw the motion, as the sense of the House appeared to
be against it.

I.L,
1