The Sun.
London, England, 1845-12-22 00:00:00

STEAM-BOAT COLLISION.

At the Greenwich Police-court, on Friday, William Phil-
lips,• captain of Waterman 12, appeared to a summons at the
instance of the Old Woolwich Steam-packet Company, for
alleged wilful damage to the Ariel steam-packet, under the
following circumstances : •
Mf:Lewis, of Hatton-garden, attended for the complain-
ant, and Mr. Pelham for the defendant.

The case had been adjourned from Friday week, in conse-
quence of the great length of evidence to be adduced, viz.,
four witnesses only out of seventeen having been examined.

The evidf nce, is in all such matters, is of the most con-
tradictory character. For the plaintiff, it was deposed, that
on the 24th of November last, at two o'clock in the after-
noon, both boats started from Woolwich for London, the
Waterman taking the lead, and arriving at Charlton Pier a
few minutes before the Ariel, and was taking in her pas-
sengers, moored head and stern, and occupied the whole
length of both piers, which are separated by about six feet,
the entire length being about one hundred. While so lying,
the Ariel came up; finding her place occupied by No. 12, a
rope was cast over from herquarter abaft thebits, andsecured
to the pier for the purpose of landing and taking in her pas-
sengers.

Immediately afterwards the defendant used some foal lan-
guage, and called to a boy for a hatchet, which having
been procured, he chopped at the rope three or four times,
ar d succeeded in cutting through three strands of it, when
the man on board the Ariel let go. John Ryan, captain of
the Ariel, then desired the defendant to go astern, that he
might get his vessel properly alongside his own pier. This
the defendant did not do, but went forward, whereby two
stancheons and a rail were destroyed. The Ariel then
moved astern, as did Waterman 12, when the latter turned
over towards the north shore. The Ariel to avoid contact
with the stern of a schooner, was compelled to keep her
stern-way, when the Waterman 12, ran her how into her
stern and did considerable damage to the Ariel, and caused
very considerable alarm to the passengers in both vessels.
The damage amounted—for cutting the rope, 6s. ; the first
collision, 18s.; and the second one, 3/.145. 6d.

The witnesses were severally cross-examined by Mr. Pel-
ham, and their evidence much shaken, Mr. Pelham contend-
ing, however, principally in that matter, that the piers were
illegal, and that he should certainly appeal against any con-
viction.

For the defence it was urged that No. 12 Waterman, being
120 feet long, and the piers only 100 feet in length, she had
no alternative hut so to place herself. That the piers were
not separated as so alleged by the plaintiff, and that the fol-
lowing is the true version of the athir, namely.:—That whilst
so lying the Ariel crossed her bow and came in violent con-
tact, by which the first alleged damage was caused. That
the rope or string was cut not until after the captain of the
Arid had been several times warned to remove it; and that
by its being placed abaft the bits No. 12 had no power to go
astern. That the pier belonging to the Woolwich Company
hue been removed from its usual and proper position, and
that when the Waterman 12 did go astern and placed herself
towards the north in order to proceed on her passage, the
Ariel also backed astern, and continued so to do until her
stern came in contact with the bow, of the Waterman, and
which occasioned the second collision, and consequent damage.
The witnesses for the defence were sharply cross-examined
by Mr. Lewis, but in all the main points their evidence
agreed.
The utmost pains were taken to place the dispute in a cor-
rect light by neat models of the respective boats, as well as
plans of th.. locality. After much recrimination between the
laws on both sides.

Mr. GROVE decided, that with regard to cutting the rope
it was an unjustifiabie act, and therefore fined the defendant
65., being the amount of damage sustained. With regard to
the first collision, he thought the Ariel was to blame; and
as to the second, he adjudged the defendant to pay the da-
mage, amounting to Si. 14s. 6d., and 17s. 6d. costs of wit-
nesses.and 2s. the summons. _

Mr. Pelham then gave notice of appeal, the defendant
being nominally sentenced to fourteen days' imprisonment in
default of payment.

THE RECENT STEAM-BOAT COLLISION.—In the
fearful collision between the Emerald steam-boat, belonging
to the Diamond Company, and the John Bull, Hamburgh
packet, on Saturday last, off Gravesend, two gentlemen met
with serious accidents—one of whom, we have since learnt,
is Lieutenant Crofton, of the East India Company's Engi-
neers, stationed at Brompton Barracks, Chatham who sus-
tained very serious injuries. On his arrival at his quarters
the same evening, Dr. Stewart Chisholm, of the Royal Artil-
lery, w3ls sent for, and on examination he found that the
gentleni..i's right arm and collar-bone were both fractured,
evidently done by a severe crush, and that his head and face
were much bruised and severely injured. It is considered a
miracle that he escaped with his life. Dr. Chisholm lost no
time in setting the bones, and we are happy to say that,
under his skilful management, his patient has not bad the
slightest symptom of fever, and is doing as well as can be
expected. The officer, it appears, was standing near the
paddle-box, on the larboard aide of the Emerald, when she
was struck by the John Bull, the bows of which latter vessel
crushed him.

ROAST' G A BOY Arava.—On Wednesday, the
10th inst., one of the most barbarous acts ever known to
hare been committed took place at Silkstone, near Barnsley,
1)9-which a youngboy, named Charles Chappel, had a narrow
escape frotn death, even if he vet recovers. The case is re-
ported to be as .611 lows :—On the men giving over working
at Mrs. Clarldsicolliery, several young men began with their
foolish work of jeating and skylarking in the cabin, in which
was, as usual, a large fire, wliich _ultimately ended in two cf
them taking and fastening a 'Chain roundtbe waist .of Charles
Chappel, by which they hung him to an iron bar which
crosses the roof a short distance from the fire, and before
leaving him threw A large shovel of fire upon him, some of
which fell into one of the poor fellow's clogs, which burnt
him dreadfully (his eye and different parts of his person
being much burnt), so much so that the cries of the poor boy
caused some persons to go to his assistance, who extricated
him from his perilous situation. On Wednesday last a
young man was remanded by John Thorneley, Esq., at Barns-.
ley, for examination, until Friday, charged with the above
offence. The others are not apprehended.—Doncaster Go-
zette.

YACHT CLUBS —Application having been made to
the Lords of the Treasury by the Royal Harwich Yacht
Club, requesting for the members of that Club the same
privileges as the Royal Yacht Club and'the Royal Irish
Yacht Club of Dublin, their Lordships have, through Mr.
Cardwell, one of their secretaries, signified that they have
been pleased to comply with the request. The particular
privileges requested refer to the tight of being exempt from
certain harbour, or other dues, the disposal of store, .and
other mstkv s aan bawd and private nature.

LORD MORPETH for YORKSHIRE.
At a juncture like the present, a Parliamentary election is
regarded with more than ordinary interest, as affording art
opportunity to the expression of popular sentiments, and the
manifestation of the popular will on a subject which has de-
stoyed one Cabinet, and may be doomed to destroy another.
We do not speak of elections which are decided by the fiat
of an individual—where venal or vassal constituents are
transferred from one political cipher to another by the com-
mand of a petty autocrat, or at the bidding of a wealthy.par-
venu—but where men intelligent enough to think, and inde-
pendent enough to act, for themselves, are called upon to ex-
ercise the constitutional right of sending a representative of .
their opinions and interests into Parliament. An opportu-
nity of this kind has just occurred. The death of Lord
Wharncliffe makes the representation of the Westßiding va-
cant by the succession of his son to the peerage. To
no constituency could an appeal be made which would
provoke se •important or so decisive an adjudi-
cation. Superior in superficial extent to many counties, the
West Riding of Yorkshire exceeds every county but one in
the wealth of its inhabitants, and the numerous sources of
that wealth. Combining :in its population the representa-
tives of the oldest families among the landed aristocracy, as
`sell as the most opulent of the manufacturing classes, it
sends to the hustings the interpreters of every opinion and
the adherents of every party. On one side may be seen ranged
the champions of the Dukery and that older nobilty which
dates its title to hereditary distrnction from an epoch long
antecedent to the English peerage ; on the other the deni-
zens of Leeds, Barnsley, and Sheffield—men wbo have
grown rich in the routine of mechanic toil, and the acquisi-
tion of industrial wealth. On no hustings, perhaps, in all
England can ideas so opposite, habits so diverse, and
opinions so conflicting, be pitted against one another as
on those of Wakefield. The creed of an old school, the
theories of a new—the sober dogmatism of hereditary rank,
the adventurous speculation of a new-born fortune—the
prejudices of the peerage, the longings of the people—
all here meet with a numerical and dynamical force that no
other polling- place in England can parallel. It must indeed
bea season of profound tranquillity and of political apathy,
in which the candidate of any side can centre in himself the
suffrages of a constituency so heterogeneous and divided.
And it must at all times be a subject of proud reflection to
the man who has won the prize of its representation. For
whether it be the genius of a Conservative or the spirit of a
Liberal policy which triumphs on these hustings, one thing
is tolerably certain—that no ignoble drudge of a party, no
insignificant or unintelligent herald, will now be sent to Par-
liament to interpret the wishes or protect the interests of the
West Riding. It was no vain or commonplace compliment
which Lord Morpeth uttered in his farewell address at Wake-
field in 1841, when he expressed his determination to seek
or accept the suffrages of no other constituency than that
which had formerly elected -him its Member, and had
only then deprived him of its confidence. He appreciated
the honour of his former psition ten highly not to feel
its loss acutely; be valued it o
too dearly not to hope for its
restitution. That time has now come. The representation
of the West Riding is again vacant. He has another oppor-
tunity of soliciting the support of those whose favour he
values, and of testing their devotion to principles which he
has consistently advocated. He carries with him the recom-
mendations of private character alid public distinction. He
adds to these the influence of high birth and ancestral con-
'nexiOn. His qualifications are such as would earn, for him
the unanimous approval of men who were influenced by per-
' sonal either than party views; they would guarantee to him
the enthusiastic assistance of any party with which he might
profess to act. The Liberals would support a man whose
rank and intelligence reflected honour on their side ; the
strongest Tory would reluctantly oppose one who, though
brought into daily and official contact with the pitch of Whig
jobbery and Irish debasement, came out with his word un-
doubted and his purity unsullied. But it will not be on per-
sonal grounds that, Lord Morpeth will stand for. the West
Riding, nor on these grounds that he can hope to succeed.
A great principle is at stake—a principle to which the
electors of the West Riding are not indifferent. Lord
Morpeth will appear before them as the champion of free
trade. In this character he will be supported; in this cha-
racter he will be assailed. Viewed in this light, the election
fcr the West Riding becomes a matter of grave import and
anxious consideration. The hustings at Wakefield are the
first great battle-field, whereon the contest between free
trade and its antagonist is to be fairly waged. It is of no
slight import. which side secures the superiority in the first
engagement ; for the first fair omen of a contest is half the
victory. It is againsteo trivial or contemptible foe that he
may have' to contend. His _ adversaries can send into the
field wealth, numbers, intelligence, and that stubborn energy
which often insures success when every other qualification
fails. That they will forbear-such. a contest, and that they
will forbear to set the manufacturers of Yorkshire in array
against its landowners, is a thing much to be hoped, but
hardly to be expected. Party feeling is too strong, the ex-
citement of the two opposing classes is too vehement, to ad-
mit of the supposition that the representation of the West
Riding can be won without a fight. We hope, therefore, that
the men of Yorkshire will be true to the cause of free trade,
and restore Lord Morpeth to the honour which he lost with
so much regret and so much grace.—Times.

THE MINISTERIAL CRESIS;
(From the Times of Saturday.)
We yesterday announced that the interregnum had termi-
nated, and that Lord John Russell had accepted from her
Majesty the task of forming an Administration. His Lord-
ship, as we then explained, entered upon his office with the
utmost hesitation, and only assumed the responsibilities of a
Minister when he found that Sir R. Peel declined to return
to power—at least until his rival had experienced the diffi-
culties of the crisis and failed in surmounting them. .If we
are rightly informed, it is by no means improbablithat Sir
R. Peel will have an opportunity of resuming office even
upon these terms. Lord John Russell has found the difficul-
ties of his position greater than, even after a week's consi-
deration, he had anticipated. At a meeting yesterday,
'at which all the chiefs of his party were present, so much dis-
union prevailed, and so much doubt as to the ultimate sue-
ce-s of an Administration which would have at the outset to
encounter in the House of Commons an immense adverse
majority, with the assistance only of the precarious support
which gir R. Peel could afford, that it remains until this
morning in doubt whether or not Lord John Russell will,
after a more exact calculation of his strength, persevere in
the task he has undertaken, or resign the trust once more into
the hands of her Majesty. We should do Lord John Russell in-
justice if we did not except him from those among whom
any doubt or hesitation prevails. His Lordship has been
anxious to emancipate himself from the prudery of faction,
and to construct his Cabinet on the widest possible basis, so
that it might be in every respect equal to the emergency, and
might possess a large share of the national confidence. Like
Sir R. Peel, however, he has had to encounter among his pro-
posed colleagues every variety of disappointment, from direct
opposition to lukewarm support; and, although himself hope-
ful of success, and willing bo adventure upon his great enter-
prise, the reluctance of some among his political friends to
engage in a struggle from which Sir R. Peel, with his ma-
jority of 9u in the House of Commons, and his great advan-
tage in'the Upper House, has been compelled to withdraw,
may iniuce him to give way, and to throw upon Sir R. Peel
the full responsibility of the crisis he has created.
(From the Morning Chronick of Saturday.)
From our first announcement of the resignation of Sir R.
Peel we have not ceased to impress upon the public how
many and bow serious were the obstacles to the formation of
a Liberal Government. In the face of them, nothing less
than the absolute necessities of the public service could
justify Lord John Russell in undertaking the task. Unless
he could calculate upon the cordial support of the heads of
the late Government, and upon the hearty and generous co-
operation of the whole of his own party, it was obvious that
lie could not so much as entertain the subject of forming an
Administration; and even with such support as this, it must
still be a matter of grave doubt whether his Lordship had
such reasonable prospect of success as could alone warrant
him in encountering the difficulties of the present crisis.
It is only as the formation of a Cabinet progresses
that these difficulties come to be fully developed ;
and it is altogether uncertain whether they may nut even yet
terminate in Lord John Russell's abandoning the task upon
which he had already entered. In a merely party view we
confess we should not regret this result. While- the great
object upon which the heat of
.the people is fixed would
perhaps be more surely and more thoroughly accomplished
by a little delay and the wreck of another Administration,
the position of the Liberal party would be greatly
strengthened by throwing back the Government upon those
who have fled from its responsibilities. But this this is not
a time for the playing of party tricks, or for the stiff assertion
of peculiar views. At what time during the last few years
have we had more need of the care and watchfulness of a
strong Government than at present ? If the country will
require to be told why, at such a time, Sir Robert Peel broke
up his strung Government, depend upon it, it will also require
to be told why Lord John Russell has not been able—if un-
happily he shall not be able—to form any Government.

THE WEATHER AT LIVERPOOL.—The weather
still continues boisterous, and our dispatches of yesterday
state, that since the memorable storm of January, 1839, the
barometer has never fallen ao low.

fENGE4NCETLfht; following appears in an
Algiers journal of the 2d :—" A Frenchman, named Justine,
was living in a small house near the copper mines of Mru-
zaia, with his family, when on the 19th ult. he was shot by
an Arab, the ball entering between the shouldets. On his
dropping, a party of the marauners entered the cottage and
assailed the three children who were in it, a girl about 15, and
two boys, one eight and the other four years old. The girl,
though stabbed in N places, had sufficient strength left to
escape, and go to Aledeah and give the alarm. The com-
mandant immediately mounted his horse, and, followed by a
picket of men. hastened to the scene of murder. The Arabs
were gone. leaving Justine still living, but weltering in his
blood, with his feet in a fire, to which he had been dragged
by the Arabs, who had laid upon him the bodies of his two
younger children. They were immediately carried to the
hospital, where the daughter had been already placed, and
where she and her younger brother are still living, but the
father and the elder boy expired the next day. Madame
Justine, the wife and mother of these victims of barbarity,
was absent from the scene of blood, having gone to Medeah
with a still younger child. During the night of the same
day, two men, named Blache and Levy Joseph. belonging to
the same copper mines, disappeared. They had gone to the
market of Arba Djendel, both armed, Blache taking with him
900 f. in silver. They had two dogs with them, both of which
were covered with blood, which circumstance leads to a belief
that another murder has been comMitted."
DISTRESSING CASH OF ATTEMPTED SUICIDE IN
ST. JARES'S PARK.—Thursday morning, about ten o'clock, as
onenort northern
the
ebank of h
keeperst ofe ornamentalSt.jaines's park e as passing along the
;a t ers, he observed a female
suddenly plunge in and disappear. lie made an alarm, and
two gentlemen came up, when it was resolved, as neither of
the persons present could swim, that each individual should
grasp the other's hand. and thus proceed into the water,
Walker taking the lead, followed by one of the gentlemen,
whilst the friend of the latter held firmly by a projection in
the bank, for the purpose of endeavouring to rescue the
drowning woman, and by these humane 'and intrepid exer-
tions the keeper succeeded in catching hold of the female by
the hand as she was sinking for the third time. Assisted by
another park-keeper, named Farrar, Walker hastened with
his charge to the Westminster Hospital, where, by. means of
hot baths and other remedies, she was in the course of an
hour enabled to state that her name was Charlotte Ash, 18
•y ears of age; that she had been a servant, but having for
some time past been out of a situation, she had been
obliged to part with almost every article of clothing she
possessed, and had suffered the greatest privations, fre-
quently going without food for days together. She bad that
morning left her lodgings, at No. 8, Cumberland-place,
Marlborough-road, Chelsea, for the purpose of proceeding to
her mother, who is also a servant, but, on passing through the
Park, she suddenly made up her mind to put an end to her
miserable existence. She remains in the hospital in an ex-
tremely low and weak state.
Low TIDF.—On Friday, about . noon, the river
between Blackfriars-bridge and Somerset-house presented an
.extraordinary appearance, in consequence of the tide, which
fell unusually low, causing the greatest inconvenience in the
navigation of steam-boats and other craft, especially above
bridge, where several were aground for some time.
An Envoy Extraordinary, says the ConstiNionna,
is expected in Paris from the republic ofillexico, to treat for
the establishment of friendly relation. betweeri Franco and
Alavrepublic...Galiptosi. .. •
. .

LAW INTELLIGENCE.
COURT OF CHANCERY, D.c. 20.
The Lord Chancellor sat for the first time to. day since his
attack of illness, in Lincoln's lan Hall. The cause of his
Lordship's sitting was to enable him to give judgment in
several cases that had been heard before him on appeal pre-
vinue to his resigning the Great Seal. Long before the hour
appointed for his Lordship to take his seat, one o'clock,
crowds of persons had assembled in the old hall of Lincoln's
Inn, and upon his Lordship taking his seat, the inner and
outer bar were crowded to excess.
His LORDSHIP, who appeared considerably improved in
health, and to have regained his usual cheerfulness, upon
taking his seat, stated that a short time since he had given
several of his judgments to the registrar in writing; but that,
in order that those judgments might be delivered in the pre-
sence of counsel, in case any questions should arise, he would
give them over again.
Just previous to his Lordship's commencing to give his
judgments, a Treasury ehessenger brought an official box,
which was handed to his Lordship, containing a letter, which
he read. It was rumoured that the letter conveyed informa-
tion to his Lordship that Sir Robert Peel had been again sent
for by her Majesty. After perusing the letter, his Lordship
directed the registrar to call the judgments in the order in
which they stood on the paper:—
MANN V. RICKETTS.
The LORD CHANCELLOR then gave judgment in this case,
which was heard, shortly before his Lordship's illness, upon
motion to diechargean order made by the Master of the Rolls.
His Lordship was clearly of opinion that the decision of the
Court below was correct, and ordered the appealed to be dis-
missed with costs.
COOMBE v. THE MAYOR AND CORPORATION OF LONDON.
The LORD CHANCELLOR then proceeded to give judgment
in this case, which was argued before him some considerable
time since, upon an appeal from the decision of the Vice-
Chancellor Knight Bruce. His Lordship said the case came
before me after motion to discharge an order of the Vice-
' Chancellor Knight Bruce, for the production of documents
mentioned or referred to on the answer of the defend-
ants. It is not necessary to state the facts in detail
as they arc fully set forth in the report of the proceedings
before the Vice-Chancellor. The Corporation of London
claim to be entitled by prescription to measure all coin,
grain, &C., brought by the River Thames, and landed at any
point between Staines-bridge and Yantleet, and to receive
certain ancient fees in respect of the performance of that
duty. The plaintiffs had landed certain quantities of malt
at their wharf in Westminster, and the Corporation filed a
bill against them for an account of the malt so landed, claim-
ing the accustomed fees. The plaintiffs filed a cross bill
fur a discovery, denying the right of the Corporation, con-
tending that if the right existed it was to a much more
limited extent than as claimed by them; that it was compa-
ratively of modern origin; that the fees had been from time
to time varied, and that there was no ground for the
prescription claimed. The defendants having put in their
answer, the plaintiffs moved for the production of the docu-
ments mentioned or referred to iu such answer. When the mo-
tion came on for argument the defendants consented to the pro-
duction ofsuch of the documents as had been produced under an
order of the Chief Baron, Lord Abinger. Secondly, to the
met age, accounts kept by the meters, who were the ser-
vants of the Corporation. Thirdly, to certain books and re-
pertories enumerated in the first schedule to the answer. And
lastly, to the charter of the 6th of James 1., and the subse•
quent charter of Charles. With respect to the case and opinious
it is unnecessary for me to express any opinion; they were
considered by the Vice-Chancellor to be protected, and the
defendants do not of course complain of that part of the judg-
ment. The first question for consideration relates to the
books of account kept by the corn-meters. The plaintiffs in-
sist in their bill, among other things, that the rates of charge
have varied. and that they will appear after inspection of
their books. The statement in the bill is, that the defendants
have in their possession, custody, or power, divers accounts or
books of account, in which entries have been made of all corn
kc., measured by the corn-meters during a long period of years,
together with (among other things) the fees and wages re-
ceived for such measuring, and that it such books of account
were produced, it would thereby appear that among other
things the rate of fees, and wages, and rewards claimed
and received on account of the metage aforesaid, and
the labour incidental thereto, have from time to time varied.
The bill, therefore, charges the possession of these documents,
and that they relate to the matters in,dispute in this suit—
namely, among other things, the metage, and the fees and
wages paid in respect of it: if they exhibit a variance in the
amount of the rates paid at different periods, it is obvious
that such evidence would be material for the plaintiffs
at the hearing of the cause. The defendants, the
corn-meters, in their answer, admit the possession of
these books of accounts, and say—not positively—
to the best of their information and belief—that
it will not appear from them that the fees and rates of charge
have varied, and they further state that these accounts or
books of account, contain material evidence for the Corpora-
tion, and that they are intended to be used in support of
their claim, but the material question is, whether they do not
also contain, by the alleged variance of charges, evidence for
the plaintiffs. This is denied only according to the
information and belief of the defendants. In Ban-
nestyne v. Leader, 10th Simons, the Vice-Chan-
cellor of England considered, and I think properly,
that it Was not sufficient in a case of this kind to
swear merely to the defendant's belief. It further appears
from the answer that the examination of the documents of
the defendant, the corn-meters, bad been imperfect, for in
another part they set out the names of certain places where
the measurement had taken place out of the city of London,
being, as they state, all that they had met with, but they
add that the accounts 'are numerous, and that
there may be many others besides those they have
mentioned. The number of the documents is not a sufficient
excuse for an imperfect examination of them, as the Court
would, upon a proper application, allow the necessary time
to prepare a sufficient and satisfactory answer. The same
objections apply to the answer of the Corporation. With
respect to the town-clerk, it does not always very distinctly
appear when he is meant to be included under the descrip-
tion of these defendants, but if he denies at alt
that the accounts will show that the payments have
varied, he states that only according to information
and belief, and there is sufficient also in his answer to show
that if he has examined the accounts the examination has
been partial and imperfect. lam of opinion, therefore, that
these accounts must be produced. The next question relates
to the books and repertories mentioned in the first schedule,
The defendants, the Corporation, and their town-clerk, say
in their answer that, save as therein mentioned, they deny
that they have in their possession any book or le.oks re-
lating to the matters in the bill mentioned, except that
there are in the custody or power of the defendants certain
written books or repertories, set forth in the first schedule,
which contain entries of divers matters and things which the
defendants believe form material evidence as to the exclusive
right of metage, and which they intend to use in support of
their right. And, in a subsequent passage, they ex-
pressly admit that the books and repertories, men
tinned in the first schedule, contain copies and ab-
stricts, or extracts, from documents relating to the
measuring of corn and grain by the meters; and they admit
the possession of such books and repertories, but they deny
that the plaintiffs have any interest in them; and further
they deny, to the best of their knowledge, information, and
belief, that if they were produced, it would appear by
them that the right had commenced within the time
of legal memory, or that they contain, or would fur-
nish evidence on behalf of the plaintiffs ; on the con-
trary, they say they are advised and believe that
they contain entries which they are advised and believe
are most material evidence in support of the right of
metage, end which they intend to make use of in support of
their exclusive right against the plaintiffs. There is in
these passages a sufficient admission that the books and re-
pertories se: forth in the first schedule relate to
the matter mentioned in the bill. The only question, there-
fore, is, whether any sufficient reason is assigned why they
slesuld not be produced The defendants deny that the plain-
tiffs have any interest in them, and further they deny, to the
best of their belief, knowledge, and information, that, if pro-
duced, they would show that the right had commenced
within time of legal memory, and that they would furnish
evidence on behalf of the plaintiffs. The plaintiffs do not
claim the right to the production of the documents
on the ground of their having any interest in
them in. the -ommon acceptation of that word, but as con-
taining evidence in their favour in support of the allegations
contained in the bias, and this is denied by th.s defendants,
the Corporation, and the town-clerk, only according to
the best of their knowledge, information, and belief, which.
as I have already stated, I do not think sufficient. They
farther add that these books and repertories contain, as they
are advised and believe, entries which form most mate-
rial evidence of their exclusive right of metage, and which
they intend to use in support of their right : but this will
rot entitle them to withhold the documents, unless they
a'so deny with sufficient certainty (which they do not), that
they contain evidence in support of the case of the plaintiffs.
It was further objected that the bill only charged that these
books related to the matter in question, and that it was
riot alleged that, if produced, they would establish the case
of the plaintiff., and that it was only admitted by the answer
that the accetnits related to the matters in question in the
cause. But this admission alone will, prima facie, entitle
the plaintiff to inspect them. Smith v the Duke of Beau-
fort, Storey v. Lord Lennox, Tyler v. Drayton, and other
cases have decided that point. It i 3 not necessary that more
should be stated in the bill, or that more should be admitted
by the answer. It was also said that the documents were re-
quired merely to negative the case of the Corporation of London,
and that the plaintiff had no right to require the production
for that purpose; and the case of Bolton v. the Corporation of
Liverpool was cited as establishing that position ;
but the ground upon which the production was there
refused seems to have been, that the documents were re-
quired merely for the purpose of ascertaining whether they
contained anything tending to disprove the title
of the Corporation, not for the purpose of proving,
a, in the present case, the facts alleged in the bill, and
leek!), if established, would defeat the plaintiffs' claims.
Here the plaintiffs charge affirmatively that the pay-
ments have varied at different periods, that thee,
-veil be shown by the accounts when produced, and the state-
the ,t is not positively denied, but only according to infor-
reatien and belief in the answer. When documents are charged
and Admitted to be in the defendant's possession relating
te the matters in question, it must depend upon the suffi-
ciency of the answer whether the Court will order the.pro-
catetien of them. The remaining question relates to the
(.barters of the 4th James I. and the charter of Charles 11.
he charter of the 6th of James the First, either the original
u. a cony. but as I read the answer, the original, and the
carter of Chaelee the Second, are admitted by the defendants.
Aenl4Vn aldermen, and commonalty, and the town-clerk, to
'le .
ir ,:eir P°3session, and they clearly relate to the matters
mentioned in the lea ; that may be material to the plaintiffs'
'nee, for they tend to show that the right is confined to corn,
Nr., imported for the Purpose of sale. In one altp
of their answer th odeendants say the charter of the 6tli of
Jaws I. was notecessary to their case; but in a aubse-
(pent part they state that the charter of Charles IL. in
senich the charter the
6th of James I. was
recited, firms pert of the evidence of their title to the ex•
r‘eusive right of metage, but they nowhere, as far as I
ean discover, state that they do not afford evi-
Oence in support of the plaintiff's case. Beyond the
;Acts which I have stated there is nothing relied upon as a
reason why the charter should not be produced. There is no
ground therefore fur discharging any part of the Vice-Chan-
cellar Knight Bruce's order, and the motion must, therefore,
be refused with coats.

FOSTER V. SMITH. •
The LORD CHANCELLoR also gave judgment in this cane,
diemilting the bill without costs; but, in consequence of some
question being. raised with respect to the costs, his Lordship
said lie would hear the arguments upon that point on Mon-
day morning.

OLDFIELD V. COBDETT.
The Loan CHANCELLOR alio gave judgment in this case,
refusing the motion without costs.

HEIGHTON V. GRANT.
His Lonnstiti- also gave judgment in this case which came
before him upon an appeal from the judgment of the Blaster
of the Rolls. His Lordship affirmed the judgment of the
Court below.

BOOTH V. LIGHOOT.
In this case his La:moss/IP gavT
eF judgment, also affirming
the decree, and dismissing the appeal with coats.
HILL V. NAstr.
The LORD CHANCELLOR gave judgment Ifkeivive-inihis
case. It came before his Lordship upon appeal from the
judgment of the Master of the Rolls, deciding wind an ob-

tjection that had been made to the suit for want of parties.
It appeared that the plaintiffs were corn factors, and
that, in the year 1840, they entered into a specu-
lation with the defendant /slash, and two other
persons, named Carpenter and Shepherd, to purchase
wheat by that speculation. Eighteen thousand pounds were
lost by the plaintiffs, and they instituted a suit for the pur-
pose of recovering from the representatives of Nash that
sum. The defendants, the representatives of Nash, asserted
that the suit was defective, inasmuch as Carpenter and Shep-
herdwere not made parties, but the Master of the Rolls de-
cided against that objection, and from that decision the de-
fendants appealed. His Lordship was clearly of opinion that
the objection ought to have been allowed, and ordered the
decree to be discharged and the suit to be amended.

JONES v. HOWELL.

His LonnsHrp also gave judgment in this case, Affirming
the judgment below with costs.
BLUNDELL V. GLADSTONE.

His LORDSHIP also gave judgment in this case, which came
before him upon an appeal from the decision of the Vice•
Chancellor of England, dismissing the petition of Lord
Camoys and a lady named Temple, praying to be
admitted into the possession of certain property belonging
to the testator in the cause called Molyneaux and Horton.
His Lordship was of opinion that the Vice-
Chancellor had acted wrong in dismissing the
petition, and ordered it to be referred to the Master to inquire
whether the estates of Blelyneaux and Horton were be-
queathed by the testator, subject to any and what trust, the
Blaster to state special circumstances,
stATTnEwa V. BRISE.
The Lonn CHANCELLOR also gave judgment in this case,
the question on which was whether the defendant,
who was the executor and trustee of a fund for
the plaintiff, was bound to make good a sum of 4,0001. in
Exchequer-bills, the amount of which was lost by the bank-
ruptcy of his brokers and bankers, Messrs. Wakefield.
His Lordship was clearly of opinion that the defend.
ant was liable to make good the amount, and
ordered the judgment of the Court below, to the same
effect, to be affirmed. His Lordship, in consequence of an ap-
plication to that effect of the counsel for the defendant,
stated that he would look into the papers between this and
Monday, in order to see whether he was entitled to an in-
quiry before the Master as to whether the widow of the
plaintiff had assented to the disposition of the money.

LEI RE GALE.
His LORDSHIP gave judgment likewise in this case, which
came before him upon appeal from the Chief Judge in Bank-
ruptcy. His Lordship discharged the order of the Court
below.

YOUNG V. LORD WATIRPARIC.
His LORDSHIP, in this case, affirmed the decision of the
Vice-Chancellor, with costs.

BOOTH V. CRESWICK.
Mr. WAKEFIELD applied in this case, which stood in
the paper of the Vice-Chancellor of England to be heard on
exceptions, that it might be transferred to the paper of his
Lordship.
The LORD CHANCELLOR—Very well.
Mr. PARRY said that he was instructed to oppose the cue
being put on his Lordship's paper at all.
The LORD CHANCELLOR, With apparent surprise—What, did
Mr. Wakefield apply to have it put in my paper ? I may, per-
haps, not be there to hear it, and I am sure I will not do my
successor so great an injustice as to order it to be put in
the Lord Chancellor's paper.—(A laugh.)
His Lonnszni then stated that it might be convenient for
the Bar to know that he would sit on Monday at ten o'clock,
in order to dispose of lunatic petitions.
We believe that the Court of Chancery never furnished
an instance before of a Lord Chancellor giving twelve judg-
ments in one day. His Lordship rose between three and
four o'clock. The hall was crowded during the whole period
of his Lordship's sitting.

ROLLS' COURT. Dec. 20.
His Lordship at at ten o'clock, and proceeded with the
hearing of son e very important motion•.

EARL NELSON V. LORD RRIDPORT.
Mr. TEINEY, on the part of the plaintiff, replied at great
length to the sueguments on the other side, which occupied
the remainder of the day.

COURT OF QUEEN'S BENCH, Dec. 20.
THE QUEEN V. ECULESNEGAR.
This was an indictment for wilful and corrupt per.
jury. A verdict of guilty was returned against the de,
fendant, who was recommended to mercy by the jury.

COURT OF EXCHEQUER, Dec.2o.
(Sittings at Nisi Prius, in London, before the LORD CRUM
BARON and a Special Jury).
=ATM AND AND ANOTHER t. DURANT.
This was an action of assurnpsit, brought to recover
10,400/. upon a policy of insurance effected upon certain goods
by the plaintiff with the defendant, who was an underwriter
at Lloyd's. The defendant had plsced upon the record a
number of pleas, amounting in all to twenty-nine, denying
his liability, on the ground that the vessel in which the
gods were embarked, and the goods themselves, were seized
by the Portuguese Government, and condemned as being in-
tended by the owners to be used for the purposes of carrying
on the slave trade.

The Attorney General, Mr. Crowder, Mr. Martin, and
Mr. Bovill appeared for the plaintiffs, and the Solicitor-Ge-
neral, Sir Thomas Wilde, Mr. Jervis, and Mr. Greenwood
for the defendant.
The plaintiffs are African merchants, and the defendant
an underwriter at Lloyd's. The action was brought to re-
cover 10,4001., the aggregate amount of a policy of insurance
effected upon three distinct parcels of goods which constituted
the cargo of a Brazilian vessel called theVirtuosa Maria Aldina,
and the policy specified that the goods were to be insured
for a period of twelve months, extending from September-
-1840, to September, 181 I, during which time the vessel was to
sail from Genoa to Pernambuco, and other ports on the coast of
South America, and thence to Angola and other place*.
on the coast of Africa. The vessel sailed in due course from
Rio de Janeiro for Angola, her final destination, and intended
port of discharge; but, in order to avoid some exceedingly
heavy export duties which were imposed on vessels sailing
from the Brazils direct to the African coast, the captain, au
Italian, named De Moro, cleared her at the Rio custom-house
for Pernambuco ; but, without touching at that port, he steered
direct for Angola. In the course of the voyage he put in at
Benguela, a Portuguese settlement on the African coast, and
there she was boarded by the crew of a Portuguese sloop-of-
war, called The Eighth of July, when the fraud committed by
the captain upon the Brazilian custom-house was
discovered, and it was found that the Virtuoea
Maria Aldina had an unusual number of pipes
of water, as well as 160 bags of Mandahoaca
foin on board, which induced the Benguela authorities to
fancy she was intended for, or about to embark in the slave
trade, and the crew were arrested. and the vessel and cargo
seized and condemned. The plaintiffs, hewever, denied that
this was so, and contended that it was the valuable nature of
the cargo, which consisted of silks. velvets, and cotton goods,
that instigated the crew of the Portuguese sloop of war to
capture the Virtuosa Maria Aldina, because it was manifest
from all the papers in possession of Capt. De Moro, that she
was engaged in a legitimate trade. Nevertheless, the de-
fendant refused to indemnify the plaintiffs against the loss, in-
asmuch as the policy did not provide that the Virtuosa Maria
Aldina was to be insured against such a capture, and the
present action was brought to determine the question whether
it did or not.

pression. The prisoner then drew his bayonet and stabbed
him under the eye. The prosecutor screamed out and ran
across the road, but the prisoner remained standing where he
was until a policeman came up and took him into custody.
The prosecutor confirmed this statement, as did also the
girl Elizabeth Dibley.
Mr. Bonxix made an able address to the jury, and con-
tended that the act was one, not of premeditated violence,
but of sudden provocation and anger. The Learned Counsel
also called several witnesses, who gave the prisoner an excel-
lent character.

Mr. Baron ALDERSON, in laying the evidence before the
jury, remarked that the counsel for the prosecution had
opened the case as if he intended to screen the prisoner. That
was not the way to conduct a prosecution, and he hoped he
should not see it practised again.
The jury returned a verdict of Guilty of a common
asmault.

Mr. Baron AtmEttsoN sentenced him to imprisoned and
kept to hard labour for three calendar months.

THIRD COURT.

Alexander Gordon and John Cummins, the master and
mate of the barque Neathesis, were indicted for assault-
ing William Scott. a stupid-looking lad, about sixteen
years of age, an apprentice o❑ board that vessel, on the
20th of June last, whilst on the voyage out to India.
Mr. Payne appeared for the- prosecution ; and Mr.
Ballantine, Mr. Wilde, and Mr. Robinson, defended the
prisoners. _

The Learned Counsel for the prosecution having stated
the case, and detailed the various acts of cruelty prac-
tised against the prosecutor by the prisoners, such as re-
peated floggings, and the subseqnent application of
vitriol, so as to madden and increase his torments,
proceeded to examine the prosecutor in support of the
charge.

Several other witnesses corroborated the testimony of
the prosecutor, and gave a frightful description of the
tortures he endured. It appeared that, in addition to
the floggings, the prosecutor had fallen overboard in
escaping from the fury of the mate, and had remained
immersed more than a quarter of an hour before he
was picked up again.
For the defence, it was alleged that the prosecutor h.d
been found asleep on his watch, and the punishment
with which he was visited was the ordinary treatment in
such cases. The application of vitriol was strenuously
denied, the contents of the phial being described as an
Ointment of healing quality, which was admiuistert'd
from kind and humane motives. Dr. Guy, of King's
College, had examined the boy's back, and gave it as his
opinion, from the appearance of the skin, that neither
vitriol, nor any other corrosive liquid, bad been applied.
Several witnesses were called to testify to the humane
and excellent disposition of the captain, as well as to the
risk which he incurred in picking up the prosecutor out
of the sea.

The Learned Commissioner summed up.
The jury, after an hour's deliberation, returned a ver-
diet of Acquittal of the mate, and found the captain
Guilty.

The cake occupied the whole of the day and had not ter.
minated when the Court rose.

JUDGE'S CHAMBERS, Dec. 20.
(Before Mr. Justice COLERIDGE.)
ALLEGED DETENTION OF SLAVES.
It will be recollected that a few days since Sir George
Stephens, and others connected with the Anti-Slavery
Association, made a complaint at the Thames Police-
office, in reference to the alleged detection of slaves on
board of a vessel in the London Docks. It appeared that
the individuals in question arrived in England in the
Caroline, with presents to her Majesty from the 'mourn
of Muscat, and were now on board the brig Anne. in
the London Docks, uetil their ship was repaired, when
they would be conveyed back to Zanzobar as slaves. Sir
G. Stephens not succeeding in the object whi..di he had
in view on that occasion, applied for and obtained a writ
of habeas corpus from Mr. Justice Coleridge to bring the
bodies of the poor men in question before him, and fifteen
of them were conveyed in omnibuses yesterday to the
Judge's Chambers, in obedience to the writ.
At three o'clock Mr. Lush, the barrister, appeared
with Sir George Stephens, the solicitor, in support of the
writ of habeas corpus. Mr. Clarkson and Sir J. Bayley
attended on the part of Messrs. Newman, Hunt, and Co.,
the consignees of the vessel Caroline, to show cause
against the writ. The several sailors were again ques-
tioned by his Lordship, and they all said that they were
sailors and not slaves ; that no one had died on the pas-
sage, and they added that they were all well treated.
Mr. Justice COLERIDGE, at the suggestion of Sir
George Stephens, told the men, tnrough the instrumen-
tality of the interpreters, that they were ail free,
and that, if they had been slaves, the moment they came
to England they became free.
The men seemed to understand his Lordship's ex-
pression, and left the Court to return to the ship. The
return to the writ of habeas corpus was ordered to be
made by Tuesday.

Sentence deferred till this day.

POLICE INTELLIGENCE.
BOW-STREET.
On Saturday John Wheatley was charged with steal-
ing two silver spoons and two silver forks, the property
of Mr. Evans, the proprietor of the well known hotel at
Covent-garden. It appeared that the prisoner had been
in the service of the prosecutor fur about three months,
and during that time some of the plate was missing, and
suspicion falling on the prisoner, he was given into cus-
tody, and his lodgings being searched, the two silver
spoons and forks were found there, but the marks on
them had been partially erased. The prisoner was re-
manded.
There have been several robberies of plate recently at
the Bedford and other hotels in the neighbourhood of
Covent-garden, and which it is supposed have been
effected by waiters.

CLERKENWELL.
AN hum WAKE Goodman, landlord of the
Ship, in Saffron-hill, was charged with having bad his
house open for the sale of spirits at an unlawful hour.
Police-sergeant Wilkinson deposed that on passing the
Ship, at twenty minutes to four on Sunday morning last,
he heard sounds of merriment proceeding from the first
floor. He knocked, obtained admission, and on entering
the front room on the first floor saw several persons sit-
ting round a table drinking.
Mr. COMBE—What was on the table? The sergeant—
Several pewer pots containing beer.
Mr. COMBE—What else? The sergeant—A coffin, in
which the corpse was. They were all drinking round the
body.
Mr. COMBE—Did the man die there? The landlord
admitted that he did net.

Mr. COMBE—Then it would appear the corpse was
brought there for the purpose of selling the beer.
The landlord denied that such was the case.
Here an Irishwoman, "in weeds of woe," vociferated
from the body of the court " I am his wife," and at the
same time flounced up to the witness table.
Mr. COMBE—Whose wife are you ?—My husband's.
Mr. COMBE—The defendant's ?—No, the dead man's,
Mr. Comni—What do you mean ?—The lady,
stentorian voice, went on to say that she brought the re*
mains of the deceased there because she had no place
else " to wake him decently in."
The defendant was fined 1/. and costs.
The widow left the Court vowing vengeance *gains.
the police.

m a

John Peters, a strong built, powerful man, was charged
with assaulting police-constable 432 N, in such a manner
as to place his life in danger.
About twelve months ago the prisoner was convicted
and punished for a very brutal assault en the com-
plainant., against whom he has since harboured a
grudge. On the night of the 7th ult., the constable
w 43 quietly standing at the corner of Southampton-
street, Pentonviile, when the prisoner went up, and
in an inso'ent manner directed the constable to give
him a light lir his pipe. The constable replied, "I
have not got one, sir." The prisoner, who was sober,
said, "Then ge up the lamp. post and fetch it." The officer,
of cour.-e, refused ; whereupon the prisoner attacked
him, knocked him down, and kicked him violently ir.
the groin and abdomen. At this moment Police-con-
stable 333 came up : he was lifting the prosecutor,
when the prisoner, with his heb-nailed boot gave the
nnfortunate man another kick on the stomach, from the
effect of which he became insensible. The police-con-
stable 333 N then attempted to secure the prisoner, who
beat him severely. The constable, however, clung to
bim, and, with brutish ferocity, the prisoner fastened his
teeth in the officer's hand, producing four wounds. As •
sistance came and the fellow was secured, Police-con-
stable 432 N (the prosecutor) was for several days in a
very critical condition, and is still weakly, and looks
ghastly.
For the assault on police-constable 333 N the pri-
soner has undergone a month's imprisonment. Ile was
now sentenced by Mr. Combe to another month's im-
prisonment without fine.
Prisoner---" I'll sky the beaver ;" and so saying
threw up his hat to the ceiling of the Court, catching it
on its fall with great adroitness.
A little fellow, about ten years of age, named Franks, was
charged with begging.
Mr. George John Garnet, residing in Newington-street,
Somer's-town, deposed that on the previous night he was
going home along the St. Pancras-road, when he was accosted
by the prisoner, who asked for something for God's sake,
saying that he had no food, and was utterly destitute. He
was about giving him some money, when a gentleman in-
formed him that he bad just given him a shilling, and upon
further inquiry Mr. Garnet learned that as soon as the little
rascal got the money he went into a public-house and called
for some beer and a pipe. At the time he told complainant
he was starving he had lOid. on his person.
The prisoner acknowledged he had been rigged out in his
present wretched habiliments by his father, who was a
farrier, living in Windmill-street, Tottenham-court-road, and
that he had been sent out by him to beg.
The case was remanded for further inquiry.

The Duke of Buccleuch will leave Montague
House early in the following week for Dalkeith Palace, near
Edinburgh. The Earl of Dalkeith has joined the Duchess
an' 'mxtfly there from Eten.
The Duke of St. Alban's is entertaining a select
party with the sports of the field at Redbourne Hall, Lin-
colnshire. The Duchess, with the youthful Earl of Burford
and Lady Diana Beauclerk, are staying at the Noble Duke's
swine villa, near Ventpor, Isle of Wight.
The late Henry Iltid Nicholl, D.0.T.., of the Col-
lege, Doctors' Commons, and of Upper Clapton, whise sudden
death on the 24th ultimo, at the early age of thirty-six, it
was our painful cit} lately to have recorded, has died in.
testate, leaving personal property in England estimated at
90,000/, besides freehold and other property in Wales. Letters
of administration of his effects have been granted to his re-
lict, who, with his children divide the personalty, one-third
to the widow, and two-thirds among the children. The
freeholds to the heir-at-law. The deceased was cousin to
the Judge-Advocate, the Right Lionourable John Nicholl
D.C.L., P.C. and
_III.P. for Cardiff.—Post.

COURT OF BANKRUPTCY, Dec. 19.
(Before Mr. Commissioner Rom.)
IN RE SAMUEL ELPHICK.
The bankrupt in this case was described as of the Green
Dragon, Bermondsey, victualler, end this day applied for
his certificate. His debts are about 6001.
He was supported by Hr. Duncan, counsel, and opposed
by Mr. Pyke, solicitor to the assignees. upon the grounds of
untradesman-like conduct, and disposing of assets to favoured
creditors, instead of allowing them to be distributed by the
Court.

LICENSED VICTUALLERS' PROTECTION SOCIETY.-
At a Special Committee Meeting of this Society, held at the
office, New Bridge-street, on Friday, the 19th inst., Mr.
T. R. Elt in the chair, upon the motion of Mr. Edwards,
seconded by Mr. Hughes, it was resolved unanimously—
" That the thanks of this Committee are justly due, and be
hereby given to the late Chairman. Mr. Lewis Jones, for
the able and efficient manner in which he discharged the
important duties appertaining to that office, during the past
year." At this and a previous meeting the following sums
were awarded—to Richard Walker, 33 G, one guinea, for
apprehending Edwin Spencer for robbiog Mr. Major, White
Lion, Finchley, of a barometer; to Sergeant Thompson,
12 R, one guinea, for apprehending Michael Kerrigan, for
robbing Mr. Avery, Gibraltar, Deptford, of a watch ; to
William Humphreys, half-a-guinea, fora pprehending Wil-
liam Colcham, for robbing Mr. Hobbs, Spanish Patriot,
White Conduit-fields, of two pewter pots ; to Timothy
Wells, 83 V, one guinea, for apprehending Joseph Allen, for
robbing Mr. King, Cadogan Arms, King's-road, Chelsea, of
two pewter pots; to William Ling, 77 D, one guinea, for
apprehending George Thompson, for robbing Mr. Stanton,
Victory, Oxford-street, of a pewter pot; to C. H. Rennoldon,
half-a-guinea, for apprehending Elizabeth Robinson, for
robbing Mr. Rennoldson, Coach and Horses, Ray-street,
Clerkenwell, of a glass mug; to W. Millerrnan, 95 B, two
guineas, for apprehending William Davis, for robbing Mr.
Chandler, Ship, Milbank, Westminster, of two glasses; and
Sarah Ponsford, for robbing Mr. King, Coachtnakers' Arms,
Belgrave-mews, Pimlico, of two pewter pots; to Inspector
Proud, M division, Samuel Brown, and Thomas Towerey,
237, one guinea each, for apprehending two men, for robbing
Mr. Wickens, Old Justice, Bermondsey-wall, of a cash-box
—through the exertions of the above-Lamed individuals, the
whole of the property, nearly sixty pounds, was recovered,
and the thieves sentenced for ten years' transportation ; and
to Henry Todd, 221 G, one guinea, for apprehending Elizabeth
Taylor, for robbing Mr. Hart, Duke of York, Liquorpond-
street, of a glass
iiAILWAT PENALTIES.—We understand that the
validity of the 7 and 8 Victona it now on the point of being
tested. It is perfectly clear that the Registration Act has
not bean complied with in many of its clauses. We hear that
men of high standing and respectability, being promoters of
companies themselves, have instructed their solicitors to sue
for penalties under the Act. 'We are prepared to state, that
in several companies the provisional committees have ren-
dered themselves liable under the 76th and 77th sec.--. Rai-
lway Telegraph and .4.feehant's Advocate.
Some of the coal proprietors in Lancashire have
raised** price of coals ono Wiling per ten.

It appeared that the nntradesman-like conduct was founded
open the fact of his not giving notice, as is usual in the line
of business that the bankrupt had carried on, to the whole-
sale tradespeople, that he was going to dispose of his stock
on the 29th of May llst, which he did for 201.; and giving
a preference by paying certain persons, and absconding the
day after he sold his business, and also residing at Brighton,
expending part of the 200/. he received from the sale of hie
business, instead of corning to the Court and allowing it to
be fairly distributed among the general body of creditors.
Mr. Duncan, in reply, said that certain individuals had ad-
vanced the bankrupt certain sums of money, which had been
used in his business, and, therefore, such creditors were en-
titled to have the preference; and that at the time he gave
the preference he did not contemplate bankruptcy, and had
not kept anything for his own purposes.
Mr. Commissioner FANE was of opinion that the bankrupt
had not conducted himself in a way to entitle him to the
benefit of the bankrupt law; that he had acted in an under-
hand manner in distributing the major part of his :wets
among favoured creditors, and with the remainder living in
the country. It was impossible for this Honour to say that
this bankrupt had acted fairly, and, therefore, under all the
circumstances of the case, he must mark the censure of the
Court upon such conduct, by suspending the allowance of the
certificate for two ears from the date of the fiat.

- - -
CENTRAL CRIMINAL COURT.
OLD COURT.
(Before Mr. Just ice PArritsos and Mr. Baron AmEn.soN, &c.)
"STABBING. Tirm. 21.1‘Carthy, a corporal in the Royal Ma-
rines, was indicted fur stabbing a young man named Mug-
geridge.
Mr. Payne conducted the prosecution, and Mr. Bodkin de-
fended the prisoner.
Wm.. Heiiwright, an omnibus conductor, residing in
Grafton-court, Marylebme, stated that on the day named in
the indictment he was standing at the end of Grotto-passage.
There were two girls standing there also. The
prisoner, who was very tipsy, came up, and
spoke to one of the irls; whose name was
Elizabeth Debly. Her comparoon said to her, " Come away
from the soldier, or I will tell your mother, and she will give
Y6u a good thrashing." The prisoner said to her, " What
do you mean ?" and struck her a blow on the face which she
instantly returned. The prosecutor then came up and told
Dibley to go home and' if the soldier attempted to molest
her he would b—y well drub him. The prisoner said,
" Wbat do you mean P" and lduegtridgit reP'alted tht

THE SUN, LONDON, MONDAY MORN ENG, DECEMBER 22, 1845.

APPALLING MURDER.
We are to-day calied upon to record one of the moat
appalling murders which probably ever took place
within the circle of the Channel Islands. The name of
the victim is Thomas Hodge, the name of the murderer
John Noon, both seamen. It appears that the individual
who has thus fallen a victim to brutal violence and pas-
sion, was a sailor belonging to a vessel which trades be-
tween the port of Jersey and Newfoundland. About
three weeks ago he arrived in St. Helier's from the
latter place, and took up his lodgings at a respectable
house in Mid-caster-street, generally frequented by the
better class of seamen who have occasion to be some
time in harbour. He was universally respected as a
quiet, orderly, individual. On Wednesday last, the
10th instant, being the anniversary of his birthday,
he treated his friends to an entertainment in the house
in which he resided. In return for the compliment,
his fellow-lodgers, being just on the eve of departure
for a distant port, invited him on the evening of Sa-
turday last to a farewell entertainment in the house at
which they had all mutually taken up their resi-
dence. The hour of ten had arrived, and the whole
party were quietly seated at supper, when the individual
who is at present in custody upon the atrocious charge
of wickedly depriving a fellow-creature of his life, in-
truded upon their innocent hilarity. He had only
arrived in port some few hours before from a long
voyage, and, as was also his usual custom, had re-
paired to the boarding-house where the melancholy
catastrophe was fated to take place. Seating himself
down in the very midst of the company, he forthwith
began to Use language which ordinary eh-cency would pre-
vent us from repeating ; oaths and imprecatioss, and the
most obscene epithets flowing from his lips in the most
admired rapidity. At last, however, his conduct seems
to have proceeded beyond all further endurance, and the
landlord of the house was obliged to rebuke him for his
unmanly behaviour in the company of females. The re-
buke, however, did not Seem to have much apparent
effect, and noon still continued his oaths and
imprecations as before. All efforts proving un-
availing, it was at length found necessary to re-
move him from the apartment, and at this
moment it is important to observe the amiable con-
duct of the deceased. With the view of seeing that no
harm should result to the individual who had thus
wantonly broken in upon the pleasures of the even-
and whom, from the outrageous nature of his con-
duct, he could scarcely regard as in his sober senses, he
volunteered to accompany him on board his vessel, where
he was to Like up his quarters for the night. Hodge had
only proceeded a.lew steps upon his way, and was descend-
ing a flight of steps which led from the doorof the house to
the court below, when the murderer was observed to draw
from his pocket a largeknife which he always carried about
his person, and handle it iii &mantic r as if aiming at some
deadly pu pose. Before, however, the murderous instru-
ment reached Ike spot at which it was evidently intended
to be struck, it fell upon the assassin's hands ; hut hastily
stooping to the ground, it was in a moment plunged into
the thigh of the individual, who, regardless of incon-
venience, had so willingly volunteered to do an act of
kindness. Falling back upon the steps on which he had
been standing, the unhappy man uttered a scream which
was heard at a considerable• distance, and was in
a moment prostrate in a fit of insensibility. The mur-
derer, however, did not wait to see the issue of his atro-
cious act. Uttering an oath indicative of the pleasure
he experienced on having done for the ill. fated Hodge.
he hastily decamped. The unfortunate victim only
survived for a short space of time, and in three
minutes from his receiving the fatal stab of the
assassin, he had breathed his last. Medical assis

THE SOUTH EASTERN RAILWAY.
FATAL ACCIDENT.
On Saturday evening an inquest was held by Mr.
Carter, the Coroner, at the Royal Oak, Croydon, on the
body of Mr. James Padden Cross, a respectable master
butcher, of Croydon, who met with his death in conse-
quence of injuries he received at the Dover Railway
station, at Croydon, on the :24th of November.
The inquiry created very considerable interest, on
account of an impression that very generally prevailed,
that the accident which led to the death of the deceased
was occasioned by a want of proper attention and
accommodation to the public on the part of the South-
Eastern Railway Company. Mr. Howell, the superin-
tendent of the traffic department, was present to
watch the proceedings, and to give any explanation
that might be required on the part of the Company.
The following evidence was adduced:—
Mr. W. Jones deposed that be was a butcher, and
reside dat Croydon. On the morning of the 24th of
November, at four o'clock, be proceeded, in company
with his orother, to the Brighton Railway station, to
meet the up Dover mail train, for the purpose of pro-
ceeding by it to tewn, to attend Smithfield market. On
their way they met the deceased, and they all proceeds d
together to the station, and the train drew up at the
same moment upon the centre line of rails.
A juror asked whether this was the usual place for
the ordinary trains to stop ?—The witness said it was
not. The trains usually stopped on the side rails where
there was a regular platform, but to get into the carriages
upon the centre rails, it was necessary tor the passengers
to go round the wall, a very considerable distance, or
else to jump over the wall. Ile then went on to State
that the deceased, in getting over tl:e wall, fell, and broke
his leg.
The CORONER—Then getting over the wall was not
the proper way to get to the train ? Witness—lt was
not, but the passengers by this early train generally did
so, to save gong round the wall which divided the tw o
lines of rails.
By the was quite dark at this time, and there
seae no other light than a lanthorn, which the porter had
who attended upon the train. The ordinary trains drew
up on the side roils, and if this train had dune so, the
accident would not have happened.
A juror inquired whether there was any platform for
the passengers upon the centre rails?
The witness said there was not. They had to scramble
in as well as they could. He added, that since the acci-
dent there were lights at the :station for that early train,
and it also drew up to the side platform,
By the CORONER—Iied no doubt that the alteration
was in consequence of the accident.
Mr. Howell here said that he was present on behalf of
the Company, and he was ready to give any explanation
that, might be required.
In answer to a question from Mr. Hunt, one of the
jury, the witness said that, before the accident, the sta-
tion had no lights. That there was no clerk, and the
only person in attendance was one of the porters.
Mr. Hunt said he thought that it showed great
want of care on the part of the Company to have such a
state of things at so large a station ; and that the acci-
dent was in a great measure to be attributed to it.
The CORONER said, in his opinion, these inquiries
were not at all relevant. The deceased appeared to
have met with the accident entirely from his own act;
if the train had gone over him it would have been an-
other matter.
Mr. Hui t said, in his opinion, it formed a very proper
point of inquiry. if the Company had taken the same
precautions es they did at present, in all probability the
accident would not have occurred.
Mr. Howell said that if the deceased had gone two or
three yards on one side he might have crossed the rails
by a passage made for that purpose, and need not have
gone round the whole length of the wall.
A juryman said that might be, but how could he see,
when there were no lights ? Several of the jury ex-
, pressed an opinion that, under any circumstances, the
centre rails was a most dangerous place to take up pas-
sengeis. There was no platform, arid it was, therefore,
necessary so step up a height of eighteen or twenty
inches, besides which the train was very close to the
wall, and a nervous person might very well be frightened
at having to be placed in such a position. They wished
to know why the train could not draw up like the others,
close to theplatform, upon the side rails?
The CORONER said that perhaps Mr. Howell would
give the jury some information upon this point.
Mr. Howell said the jury were aware that Croydon
was re large goods station, and it was customary to have
the goods trucks at night upon the side lines of raile.
It was therefore considered more safe that this early
train should run into the middle line at Croydon, as that
was alway kept clear, but since the accident it had been
arranged that it should run to the side of the platform.
He went on to say that the train in question was not
originallyintended to stop at Croydon at all, but in conse-
quence of a le quisition to the Company by the hitchers
of Croydon, representing the accommodation it would
be to them to get- to market, it was arranged that it
should stop for that purpose. Since the accident there
had been lights at the station, and everything was done
to prevent such an occurrence in future.
A juror inquired whether there %ere many passengers
who travelled by this train ? Mr. Howell replied, very
few indeed, and those principally on Monday mornings.
The jury said they thought they ought to append to
their verdict a recommendation to the Company to con-
tinue the precautions they had adopted of having lights,
and causing the train to draw up to the platform.
Mr. Howell said this would certainty be done without
any recommendation of that kind. The Company were
always desirous to de everything in their power for the
protection of the public.
The CoatneEit said there could be no herrn in the jury
making the recommendation in question.
One of the jury said he thought that, at such a large
station, there ought to be some one besides a porter to
attend to the train.

Mr. Howell said that a porter, with the guards of the
train, was quite sufficient, and the Company would not
think it necessary to mploy any one else. With regard
to having lights, and running the train to the aide
platform, he pledged himself that those precautions
should be continued.

ance was immediately procured, but all to no purpose.
The femoral artery had been divided, and the haemor-
rhage which had ensued was such as to have precluded
all hope of saving life had assistance arrived even
within a minute from the infliction of the fatal gash.
The eye-witnesses of the dire tragedy having in some
degree recovered from the consternation which haJ
been icdeced by the dreadful event of She moment,
information was immediately forwarded to the po-
lice, and about twelve o'clock Mr. Centenier Le
Cronier and Centenier Du Parcq, assisted by several
other individuals, set out in search of the murderer.
Directing their steps towards the vessel to which
they suspected he had gone, they succeeded in appre-
hending him about one o'clock on Sunday morning.
He was found apparently asleep in bed, and when
apprised of the awful crime with which he stood
charged, professed an utter unconsciousness of what
had taken place. Nor did he accompany them
quietly to prison; for it was only after despe-
rate resistance that they were successful in bringing
him to shore. Hi?. cabin being strictly searched, the
knife with which he consummated the fatal deed was dis-
covered. It bore evident marks of having been washed
a very short period before, which would almost induce
the supposition that at the period of the rash act his
senses bad not been quite obscured from the influence
of liqut,r. It is a long pointed French blade, and
altogether 1,,0ks a most dangerous weapon.
Upon his arrival at gaol, the strongest efforts
were required to consign him to a cell, the ferocity and
brutality of his conduct being scarcely credible. An
inquest was held by the Deputy- Viscount on Sunday at
ternoon, and a verdict of" Wilful Murder" was returns d.
His examination before the Royal Court took place
yesterday, a dense crowd being collected from all parts
of the town.—Jersey Times.

RAILWAY RETURNS.
ItAILWAY TRAFFIC.—The following are the Total Receipts of Rail.
ways for the past week—that is to say, up to the date to which the
respective returns are made, together with the receipts of the same
week in the previous year:—

Week
ending

Last
week,

Mr. Edward %Vestall, surgeon, was then examine-d, to
prove that the death of the deceased was occasioned by
the results of the accident to his system.
The jury then returned a verdict of "Accidental
death," coupled with a recommendation to the Company
to continue their present arrangements at the station,
with a view to prevent the occurrence of a similar acci•
dent on any future occasion.

THE ARMY.
ALTERATIONS IN DRESS AND EQUIPMENT
O 1
MEMORANDUM,
THorse G
lAltalYd , Dec. 11, 1845.
Her Majesty having been pleased to approve of the
following alteration in the dress and equipment of the
army, with a view to the health and comfort of the
troops, the necessary patterns have been sealed and de-
posited at the Office of Military hoards, for the regula-
tion of future supplies: viz.:-
1. A more pliant and elastic description of leather
stock is to be worn throughout the army, which it is
ascertained can be furnished at the same price as the
stiff one hitherto in use.
2. Thick cotton shirts are to he subitituted for linen in
all climates, by which a cousiderable saving of expense
will be r ffecvd.
3. It is intended that white linen or duck trousers, the
use of which has already been discontinued in the cavalry,
should no longer be worn by the infantry within the
United Kingdom, or in the North American provinces,
or on other cold or variable stations, but that trousers of
a light worsted mixture, of the same texture and quality
as those in use in Highland regiments, be submitted for
summer wear, continuing the use of linen or cotton in
the Mediterranean, the East and West Indies, and in all
tropical or hot climates.
It has been ascertained that the cost of trousers of
pthais ir
te sac rtiipmtieo nw
Ini e ed
be nreocit
ueirxecde,etdh
i6a s.a,
taenrda
will aolnsoe
be in favour of the soldier.
Lastly, an improved and more convenient mode of
slinging and carrying the tools and implements cf
pioneers has been established, which will not in any
manner increase the charge against colonels of regi-
ments.
Stocks and shirts of the newly approved description
are to be gradually introduced as those now in wear
become unserviceable, and regiments having these arti-
cles of nece,ssiries of the old pattern in store, under the
provisions of her Majesty's warrant. of the 4th May,
1844, will he at liberty to issue them to the
non commissioned officers and men until the
whole shall have been expended ; but, in order
to preserve uniformity, it will be necessary that the
whole of each regiment commence the wear of wnrsted
trousers at the same time, and this will be accomplished
as early in the course of the ensuing season as they can
conveniently be prepared; care being taken that recruits
joining in the meantime are not provided with trousers
of duck or linen.

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4 ~ 00

4,464