The Sun.
London, England, 1844-02-19 00:00:00

TROOPS IN IRELAND.

An Account of the Total Rank and File of all Arms in Ire-
land, on the Ist day of January in each year front 1830 to
1844, both inclusive :
Years. Rank and File. Years. Rank and File.
1830
1831 " 16,701 1839
1832
1833
1834
1835
1836
1837
A
Alutant-General's Office, Fl

bilti MACDONALD, A.G.
'eb. 14, 1844.

THE WEATHER.—SCOTLAND.--The comparative
mildness of the weather here, with the plough going in the
vicinity of the town, and our streets and roads free from snow,
is strikingly contrasted with the interior of the Highlands,
where the storm has been severely felt. The road to Perth,
between Moy and Dalnacardoch, is quite blocked up by snow
wreaths of great depth. The mail bags from Dalnacardoch
are conveyed on horseback ; and all letters south of Dunkeld
are sent round by Aberdeen, a circuit of eighty additional
miles to Inverness. This day appearing settled, with symp-
toms of thaw, a body of men have been set to work to clear
away the snow, but it is supposed that nearly a week must
elapse ere the Highland road can be rendered passable for
vehicles. Fortunately the letters from the ;south arrive re-
gularly, with the exception that the delivery takes place here
at eight o'clock in the evening instead of eight in the morn-
ing. In Ross-shire the coast road is quite clear;, but in
Sutherland and Caithness the mails are carried on horseback,
owing to the depth of snow.—lnverness Courier.

Diesmunow.—On Friday last, Mr. Payne held an
inquest at the White Hart, Shoe-lane, on view of the body of
Samuel Townsend, aged thirty, whose death was accelerated
by privation and destitution. It appeared from the evidence
that the deceased was a pattern-maker, and lived at No. 3,
Green-street, Marlborough-row, Chelsea. He had been out
of work sixteen weeks, during fourteen of which he had
been suffering from consumption. Last Monday he was en-
gaged to work at the iron-foundry of Mr. Pontifex, Shoe-
lane, when he took a lodging at Mr. Beckwith's coffee-shop,
No. 77, Shoe-lane. On Wednesday he was so ill that the
foreman advised him to go home, and assisted him there,
about ten o'clock in the forenoon. Soon after he appeared
dying, when Mr. Bullen, surgeon, attached to the Farring-
don-street Dispensary, attended, in whose presence he died.
It was stated in the room that the deceased had left a widow
and an infant, one month old, wit!! six small children, and
that he was in such reduced circumstances that the whole of
them were without food two days of the preceding week.
The unfortunate widow, who had her baby in her arms, said
that they had been \.in extreme distress, and that her hus-
' band's illness proceeded from a cold. Mr. Buller stated that
death arose from inflammation of the chest, which, he had
no doubt was aggravated by privation and want of oomfort.
Deceased was, a few years ago, a powerful robust man.
Verdict, that the deceased died from inflammation of the
chest." At the conclusion of the inquiry, Mr. Buller gave
up his fee allowed by law, of one guinea, to the widow.
The Coroner also contributed 5e., and the jury 175., making
altogether 2/ 35., which was most gratefully received by her.
NEVER TOO LATE.—DUBLIN, FEB. 14.—A scene
of rather a remarkable character occurred in the cabin of the
steam-packet before her starting :—Mr. O'Connell, Mr. Mau-
rice O'Connell, Mr. John O'Connell, Mr. Morgan J. O'Con-
nell, Mr. Sheil, and Mr. Nicholas Maher, the new Member
for Tipperary, were aboard, and the present Government re-
porter, and the late one, Mr. Bond Hughes' were also in the
cabin. Mr. Steele, who accompanied ir. O'Connell to the
packet, shook hands with the Government reporter, and was
engaged in some playful conversation with him, when Mr.
Bond Hughes joining, addressed the Head Pacificator. Mr.
Steele immediately and good-humouredly responded, and ad-
dressing Mr. Bond Hughes, said—" Mr. Bond Hughes, you
I did not speak the
were under a misconception with regard to Behemoth,' for
fair, and manly than
quotation ; but I am bound in honour to
declare, that I never in my life heard evidence more straight-
forward,ro e
responded,
dme
do monster
andte r m
askedee t gam
Steele Mr.
iHughes,fh
yours in describing the peace
r.
objec-
tion to shake hands with himp,iaenaBduthe in courteoush te s
theoul feel
art wouldlatter replied that, ..t.hat, on
of the cabin where this occurred,
O'Connellthe eo ntrari,a-
Itileietowre.. At this moment Mr.
and shook hands with Mr. Bond Hughes,'l
Ir. Steele telling
him playfully of his observations about
the unspoken
"Behemoth," &c. Mr. Bond Hughes was treated • with
marked respect by every one of the traversers present, Mr.
Ray among the number.—Chronicle.
WALMER, FEB. 15.—This day, about one o'clock,
a party of about 50 to 100 farmers, gardeners, watermen, and
master seamen, met and pulled down a gate, posts, railing,
&c., which had been recently illegally put up adjoining the
barracks by the lessee of the turnpike trusts. One mile from
this spot there are six bare and gates, e 4 each of which tolls
are demanded.

LAW INTELLIGENCE.

COURT OF EXCHEQUER, Feb. 17.
The Cvurt sat this morning for the purpose of delivering
judgments in the following eases, which had been leftfor the
consideration of their Lordships

MASON V. FAILNELL.

In this case the Court said it was the opinion of their
Lordships that the rule which had been obtained for a new
trial ought to be discharged.

- LL AND OTZERS, ASSIGNEES, V. =TM
The Court directed that in this case the male fora new trial
should be made absolnte.

HIINT v. HOOPER AND ANOTHER.

The Court in this case said, that the rule should be made
absolute for a nonsuit.

HEATH V. CHILTON.

In this case the rule for a new trial was ordered to be made
absolute.

HART V. WINDSOR.

This was an action by the plaintiff to recover the amount
of one quarter's rent for a house and premises in the Wands-
worth-road. The defence was, that the house was so infected
with noxious and disgusting insects called bugs, as to render
it altogether uninhabitable. The case was tried before Mr.
Baron Rolfe, at the nisi prius sittings at the last term, when
the jury returned a verdict in favour of the defendant on that
plea. In the course of the trial it was proved that the house
in question was situated in Spring-garden's Wandsworth-
road, and had been let for the term of three years to the de-
fendant at an annual rent of W. A few days prior to the fa-
mily entering upan its occupation, they discovered that there
were " bugs" in two of the rooms, whereupon they
caused such means to be applied as they conceived
to be of a nature calculated to get rid of them. In this
attempt, however, they were not successful, for on
the first 'night of the family endeavouring to sleep in the
house, not a single person was able to obtain the slightest
rest, in consequence of the numberless visitations of
thew insects. On the following morning, it was found that
tio sheets between which the defendant and his wife had
tried to repose presented a mass of " bug carcases and bug's
blood." In the course of the succeeding day, the " army"
increased, and as day followed upon day, for several days,
the "force of occupation" had become so alarmingly exten-
sive as to render it a matter of absolute impossibility that
human beings could continue to remain in the house. The
defendant, therefore, sent an intimation as to the state of the
dwelling. A series of communications ensued between the
parties, the landlord offering to endeavour to rid the house of
its "insectorial" inhabitants. To this proposition the defend-
ant, it appeared, was willing to accede, provided he was also
allowed a quarter's rent, to cover the expenses he would neces-
sarily be put to in procuring another residence for his family
whilst the proposed "siege" was being laid and carried on.
The landlord, however, declined to make the required allow-
ance, and, upon the quarter having expired, the defendant
refused to pay the rent in consequence of having been com-
pelled to quit upon the ground that the house was not in a
habitable condition. The matter subsequently came before
the full Court on a motion to set aside that verdict for a new
trial, and on the ground that the terms of the contract
set out in the lease did not necessarily imply that the
house was to be put in a habitable condition by the land-
lord. There was another ground. The lease set forth
that some garden ground was let to the defendant, as
well as the house, and the question was raised whether even
though there had been an implied contract as to the reasonably
habitable condition of the house, the tenant had the power or
authority to abandon or give up the possession of both. On
behalf of the defendant, it was contended, principally upon
the authority of " Smith and Marrable," that the landlord
was bound to put his house in a reasonably tenantable and
habitable condition.

The COURT now decided that, according to all the old au-
thorities, a landlord was not bound to put his house in such
a state of habitable repair as was contemplated in the prevent
case. Their Lordships, therefore, were of opinion that th•
rule should be made absolute. It would, however, be well
that in all future leases this condition should be expressed.
Rule for a new trial absolute.
DOE DEM. YORK V. WALKER.

The Couwr, in this instance, gave judgment in favour of
the plaintiff.

BANKRUPTCY COURT, Feb. 17.
LN RE CHARLES JAMES MATHEWS.

....
Saturday was appointed fur the investigation in this case
to be resumed, and numbers of persons, on coming to the
Court, were disappointed, on learning that the examination
had been adjourned to Thursday, the 27th inst. It seems
that, some days after the hearing on the Bth instant, an ap-
plication was made, on the part of the opposition, for another
day, and on the 27th was named. The insolvent did not,
however, obtain an enlargement of his protection until Thurs-
day last, when it was endorsed for the day mentioned. The
following is a correct copy of the proposal on the schedule for
the creditors:—

" The proposal of Charles J. Mathews for the gradual
liquidation of his debts. That is to say, that the said Charles
James Mathews will pav into the hands of an official assignee,
to be appointed under his estate, a sum of thirteen hundred
and fifty pounds annually (such sum being taken as an
average of half the receipts of the said Charles James
Mathews, on the last five years) out of the earnings of him-
self and wife so long as they are in engagement, and enabled
to perform, such sum to be paid in equal monthly parts. But
should either the said Charles James Mathews, or Eliza, his
wife, be unable, by accident, ill-health, or other unavoidable
cause, to exercise their profession, the said Charles James
Mathews will then pay into the hands of the assignee afore-
said, one clear half the earnings of whichever of them shall
be enabled to continue their profession, out of which sum of
1,3501 is to be satisfied a certain annuity of 3001, to the Mar-
Mis of Abercorn, which sum the Marquis is liable to pay to
Messrs. Parke and Freeth, of Lincoln's Inn-fields, as the
surety of the said Charles J. Mathews, the principal sum,
consideration for such annuity, the said Chas. J. Mathews
having been discharged from under the Insolvent Debtors'
Act' in the month of June, 1842 ; and the said Charles
James Mathews is to be at liberty to retain the trifling
articles of jewellery and the wearing apparel of the said
Cherie* James Mathews, and Eliza, his wife.

(Signed)
"Dated the 22d Dec., 1843."

"C. J. MATHEWS.

MIDDLESEX SESSIONS.

On Saturday Francis Bedford Smith, solicitor, of No. 17,
Bethnal-green, who was convicted of a violent assault, in
conjunction with his groom, appeared in Court. The parti-
culars of the case we gave on Saturday. The defendant was
sentenced to three months' imprisonment, but afterwards of-
fered to compromise the matter by paying 50/.
Mr. BALLANTLNE said that the defendant having paid the
50/., had done all that the prosecutor required, and therefore,
perhaps the Court would discharge him.
The CliAiRmAN—I think then that I must not send the
man to prison after the master has been set at liberty. The
Court having agreed to alter the sentence passed last night
on the defendant Smith, and the other man having already
passed one night in prison, we must pass a nominal sentence
upon him. The sentence upon you, Smith, is, that you pay
a fine of Is., and be discharged, and we shall send for Skel-
lington from the House of Correction.
At a subsequent part of the day Skellington was placed at
the bar, and the Chairman, addressing him, said that the
Court had thought fit to alter the sentence passed upon him
last night, and the sentence now was, that he pay a fine of
405., and be imprisoned until the fine be paid.
Mr. Crouch, the barrister, hoped after Mr. Smith had paid
50/., a smaller sum would be imposed upon the prisoner.
The CHAIRXAN (angrily) told him he might think himself
very lucky to be let off so easily.
Mr. Smith then paid his groom's fine and walked off.

POLICE INTELLIGENCE.
(SATURDAY.)
BO IV-STREET.
Some little excitement was occasioned at the door of the
station-house opposite the above Court by an omnibus being
driven up containing some passengers, among whom was a
young man of respectable appearance, and who was immedi-
ately handed over by the conductor into the custody of the
police. He was soon afterwards placed at the bar before Mr.
Twyford, and charged with having stolen a purse containing
6s. 6d., the property of a Mrs. Inglis, one of his fellow-
passengers.
That lady stated that she resided in Hardwick-place, Com-
mercial-road, and that yesterday afternoon at two o'clock
she got into an omnibus in Regent-street, and took her seat
near the door. Her purse was in her pocket at the time. The
prisoner got into the omnibus soon afterwards, accompanied
by another person. The prisoner remained in the vehicle
but a very short time and then left it, and the prisoner was
no sooner gone than the conductor asked witness if she had
lost anything, adding that he suspected that the prisoner was
one of the swell mob. Witness immediately felt her pockets
and found that her purse, which contained the sum of 6s. 6d.,
had been abstracted. Witness did not perceive anything
suspicious in the conduct of the prisoner previous to his leav-
ing the omnibus, but having informed the conductor of her
loss, he at once went in pursuit of the prisoner, and gave
him into custody.

Edward Morgan, the conductor, stated that he took up the
last witness in Regent-street ; the prisoner, and another
young man, entered soon after, and they subsequently de-
sired to be set down opposite to Somerset-house. Witness,
suspecting that they belonged to the swell mob, inquired of
the lady whether she had lost anything, and on being in-
formed that she had, went in pursuit of the prisoner, whom
he eventually overtook in Newcastle-street, and gave into
custody. On searching him 2s. 4d. in money was found, and
a valuable gold pin, which he wore in his stock.
The prisoner declined saying anything in answer to the
charge in the absence of his legal adviser
Mr. Twyvonn said it was a suspicious circumstance that
the prisoner refused to give his name and address.
The prisoner in answer to this observation, said that his
name was withheld because he did not wish his friends to
know of the situation in which he was placed. The prisoner
was then remanded, the worthy Magistrate refusing to admit
him to bail.