The Sun.
London, England, 1844-11-28 00:00:00

hat. But if they are content to keep the property-
tax, provided the tax on cotton, on malt, or on tea zs
got rid of, then they ought very plainly and explicitly
to say so.
GLOBE.—The Irish clergy, as a body, seem by
no means satisfied with Sir Robert Peel's pretty-
clearly expressed intentions respecting the Doman
Catholic seminary at Maynooth ; and still less with
the increased grant for national education. On the
former question there have been some bitter personal
attacks on the Premier ; in which his conduct on the
Catholic question has been referred to, as indicative
of his leaning toward Romanism ; and of which
his present purpose of increasing the Parliamentary
grant to Maynooth, with a view to render-
ing that seminary more efficient for the purpose of
training youth for the Roman Catholic priesthood,
is a mere continuation. The contemplated change in
the Dublin University, by which its honours and emo-
luments would be rendered available to numbers who
are now excluded from both, has also provoked a Pro-
testant demonstration against Sir Robert Peel ;
which will, doubtless, be revived, and increased,
whenever the proposal is submitted in a tangible shape
to the University authorities. It is true that Sir R.
Peel has gained over some, and muzzled others
of the clergy, who were among the foremost in
denouncing the National system. Still there re-
main a large number, " whose tongues "—to use
the language of one of the " faithful among the
faithless "—" have not lied unto Baal, and whose
lips have not kissed him." Among these are nearly
the whole of the clergy of one diocese (that of Derry).
These have issued a declaration, couched in the
strongest terms, in which they protest against the
National system, as calculated to foster and encourage
erroneous and strange doctrines. They justify the
course they have taken in thus openly protesting
against the false policy of the Government ; " for,"
say they, "we have fallen on trying times, when
every other feeling ought to be merged in a sense of
the strong necessity which now exists, that the sound
and uncorrupt portion of the clergy should take and
avow their side." The manifesto thus proceeds :
" We humbly hope that, by publishing our sentiments,
we may co-operate in encouraging our reverend brethren
in the other dioceses of Ireland, at the same time invit-
ing all our brethren of the laity to join heart and hand in
this good cause ; so that, as a Church of Christ, we may
be enabled, by the blessing of our Almighty Head, to
discharge our pledged and incumbent duty, of being wit-
nesses and keepers of God's holy word."
" This striking and admirable document," observes
the Dublin Mail, " may be taken as the una-
nimous opinion of the parochial clergy of the
diocese c° Derry ; and it does them infinite honour,
as conscientious and disinterested servants of
their Heavenly Master, and faithful shepherds
of the flock committed to their care, that
they have, in a body, given such a response to the
Ministerial policy, which excludes all persons in the
Church holding their opinions from the due rewards
of professional service and eminent abilities." And
in a subsequent paragraph Sir Robert Peel is assured
that he " will find it utterly impossible to carry his
principle of preferment (the reward of subserviency)
into practical operation." The following quiet but
not the less bitter allusion to a vacant deanery, and to
the principle which will probably guide the Govern•
ment in filling up the vacancy, exhibits the feeling
which prevails among the Irish Protestants on this
subject :
Our informant was incorrect in stating that Dr. Wil-
son was nominated Dean of Limerick. No such appoint-
ment has been made, nor is it likely. The impression is
that some one of the Rev. Gentlemen who are advocating
the merits of education, as administered by the National
Board, in the columns of the newspapers, will be selected
for the dignity."
We have not alluded to the subject because we ap-
prove of the opposition to the Government in these
matters. We regard the resistance of these clerical
malcontents as an emanation of that narrow and exclu-
sive policy to which Ireland, in the interests of its in-
habitants, was long the victim. Bigotry was the
parent, and intolerance is the instrument of this policy.
Its adherents, instead of considering what is required
by the condition of society and the circumstances of
the great mass of the population, reason and act as
though the land were formed for them alone—to be
the theatre on which they should exhibit their ascen-
dancy, and where the people, body, soul, and spirit,
should be subjected to their rule. For this sove-
reignty they have striven, are striving, and will strive,
until they see and feel that the strife is vain. But though
on the the one hand we deplore the powerful opposi-
tion which is made to the Government, in its attempts
to adapt its policy to the spirit of the age, and
to the circumstances of the Irish people, we cannot
wonder that the Government has met with resistance
from such quarters. The conduct of Sir Robert
Peel, in conjunction with the leading members of the
Government, when endeavouring to oust the Whig
Ministers, is the main cause of this resistance. They
encouraged expectations in those who now resist
their educational policy, which are now shown to
have been fallacious. Disappointment has engendered
distrust; and this has, in its natural results, led to
that embodied hostility which—though it may not be
successful in effecting the overthrow of the National
system of education, nor in defeating the other mea-
sures against which it is directed—will be a source of
embarrassment to the Government, and cannot fail to
estrange its adherents, and thus divide and weaken its
party in Ireland.
STAN DARD.—The late deplorable accident on
the :Midland Counties Railway naturally calls atten-
tion to the possible dangers of the new means of
transit, and to the proper guards against such dan-
gers. In the first instance, however, we must be
careful not to exaggerate the hazards of railway
travelling, which, as experience has shown, are
less than in any other mode of travelling. Even in
the infancy of their use the casualities upon rail-
roads have averaged much less, in proportion
to the number of travellers, than coach travelling
used to average, even in the high state of per-
fection to which it was carried in this country. Still,
though railroad travelling is, we believe, the
safest manner of locomotion yet discovered, the late
accident and other accidents, rare as they have
been, prove that it is not yet absolutely safe; but to
al solute safety the public are entitled if the thing
be attainable. And seeing how near to perfection
the system has been already carried, we do not
despair of the object being attained to. Still, if we
would spare the lives of our fellow-creatures during
the stage of improvement, the public must exercise
some forbearance, must make allowance for the acci-
dents and inconveniences inseparable from the adoption
of every new art, must occasionally submit patiently,
and with:good-humour, to cautionary delays necessary
for the safety of men's lives. Already, railroad tra-
velling, by daylight, and in clear nights, seems to be
perfectly safe from collisions ; the generally almost
rectilinear course of the trains gives to the eye suffi-
cient warning of the approach of a train by day,
or in a clear night, to allow time for a halt.
The enemy to be dealt with is fog, which renders
the eye comparatively useless ; and the ques-
tion to be solved is, the most certain, and
easiest, and (a consideration not to be over-
looked) the cheapest means of communicating
through the fog. The electrical telegraph first
presents itself; and this means of communication
will, we doubt not, be adopted sooner or later
upon every railway, on the score of econotev
as well as from considerations of safety. Such
a communication from station to station would
enable railway managers to save much expense in
their preparations, as well as to give immediate notice
of the departure of every train, so as to render colli-
sions impossible. The electrical telegraph has not
yet, however, as we believe, been carried to that
state of complete perfection to justify an implicit
reliance upon it, and its establishment demands an ex-
penditure of time and money that forbid the hope that it
can be very early adopted. The second means of
communication that occurs is addressed to the ear—
the bell, gong, or bugle. At sea the bell and gong
are found useful means of warning, and on shore
they, as well as the bugle, communicate sound to a
very great distance—to a distance much greater than
would serve as ample warning to a railway train to
avoid a collision. In thick weather one of these noisy
sentinels might be easily attached to the engine of
every train, and if the trouble of giving it voice
were a consideration, it might be self-sounded by
a communication with the machinery of the en-
gibe. Our opinion is, however, that a communica-
tion independent of, and separated from, the train
would be desirable, whether the train were or were
not provided with a warning instrument. A series
of bells, gongs, or bugles, beside the railway line,
and at a distance of about half a mile apart, to be
manned in thick weather either by the railway
police or by labourers specially employed for the
occasion, would render impossible such frightful acci-
dents as that at Beeston, while the expense would
instance
would very trifling. The outlay in the first
would he probably not more than 401. or JO/. the
mile, and besides that it would save many lives, it
would well repay railway proprietors, by render-
ing this mode of travelling perfectly safe, and ob-
viating all the expense caused by accidents. The
damage to engines and carriages at Beeston is very
properly lost sight of, in our estimate of a misfor-
tune that has proved fatal to our fellow-creatures ;
but the pecuniary loss must be considerable,
probably several thousand pounds, all of which
would have been saved had there been a proper
means of communication established. It may be
said that fogs occur but seldom, and that the collision
at Beeston was the effect of neglect or stupidity ; but
fogs, neglect, and stupidity, are accidents that wise
men will anticipate as of inevitable occurrence,
and that good men will provide against, if they
reach threatenl l.es toof endangerourfell
o weach ; and befo-rlife. Fogs are clearly beyond
fellow-creatures
a t wu• ere
dependantunnecess unnecessarily luyp
n leavethe
r
vigilance and correct judgment of others, we ought.
to be quite sure that we are eiviterusnztl!gent or stupid
general ourselves.
w hoFdreiddenrioetkmila
allowancesthatny,
forthe
eGnar'large

neglects and blunders of his subordinates, did not
know half his business." In what we have
said, we would not indeed imply that there
was either neglect or stupidity in the sad affair
at Beeston—an opinion upon the point were prema-
ture. Misapprehension there certainly was; and, as
certainly, neglect or stupidity, while means of com-
munication are wanting, might lead to all the horrid
consequences to which something clearly led.

brown paper parcel on his shoulder, which ho took to
the defendant's house. The door having been opened, he
went in, left the parcel, and returned. A boy followed
soon after, carrying a small parcel, which he disposed of
in the same way. The man who was seen first returned
with a third parcel, which, like the former, was left at
the house of the defendant. The officer then proceeded
in search of a policeman, and not being able to find
he called up another officer in the Customs to assist him.
The man and the boy escaped, but Jordan succeeded
in seizing a parcel, which was found to contain a
quantity of pressed tobacco. On entering the prom;.zi
he found the defendant part!,-
standing on the
stairs ; and, on seeing him, he ran out of sight. To-
bacco was kieized on the premises to the amount of
1,906 lbs., which was appraised at 347/. 14s. An in-
formation was then laid for the purpose of condemning
tllo tobacco, and 91/ the trial a verdict was given
for the Crown, and judgment entered on that ver-
dict. This judgment was conclusive evidence that
the tobacco was liable to seizure, The only
question which the jury had to decide on that
occasion was, whether the defendant harboured and con-
cealed the tobacco, knowing that it hacl not paid the duty,
Witnesses were then called and otarnined on behalf of
the Crown, after which,

MONEY MARKET and CITY NEWS.

CITY, TUESDAY EVENI.NO.
TIMES.—The premium on gold at Paris is 11 per mille,
which, at the English Mint price of 31. 17s. 10ii1. per
ounce for standard gold, gives an exchange of 25
42k ; and the exchange at Paris on London at shot t
being 25 57k, it follows that gold is 0.59 per cent.
dearer in London than in Paris.
By advicea from Hamburgh the price of gold is 4541
per mark, which, at the English Mint price of 31.175. 141
per ounce for standard gold, gives an exchange of 13 9,1 ;
and the exchange at Hamburgh on London at short
being 13 10k, it follows that gold is 0.23 per cent. dearer
in London than in Hamburgh.
The course of exchange at New York on London i 3
110-f per cent., and the par of exchange between Eng •
land and America being 109 23-40 per cent., it follows
that the exchange is 0.68 per cent. in favour of England.
But the quoted exchange at New York being for bills
at 60 days' sight, the interest must be added to the
above difference.
The brokers are making up their account for the
settlement in the English market, which takes place
on Thursday. Consols are at a degree of firmness
which is not participated in by the other English
securities. They are the only stock of any importance,
the dividends of which, under the new arrangements,
will be payable in January, and hence a special demand
for them arises among the public. On the other hand,
in the heavy stocks, sales have been effected on account
of some Scotch firms, and the market for these is weaker.
The quotation for Consols for Money and the Account
is 100 i, and the stock is felt to be somewhat scarce.
Messrs. Rogers and Co., the parties upon whom the
large robbery has been committed, have received this
afternoon a letter from the Home-office, stating that Sir
J. Graham has recommended to her Majesty the free
pardon of any accomplice engaged in this transaction, so
as to lead to the apprehension of the others.
Among the methods proposed for enabling the issuing
bankers to evade the late banking Act, mentioned under
this head. was one in which a "letter of credit" was to
be the instrument employed. It has been assumed that
this method is legal. but a reference to the Stamp Act
(55 George 111., c. 184) shows that it is more than pro-
bable that letters of credit, if unstamped, are liable to
the same penalties as post-dated cheques. The words
of the Act are these :—" All receipts given by any
banker or bankers, or other person or persons, for money
received, which shall entitle, or be intended to entitle,
the person or persons paying the money, or the bearer
of such receipts, to receive the like sum from any third
person or persons, shall be deemed and taken to be an
inland bill within the meaning of this schedule, and be
liable to the same duty as on a bill of exchange fur the
like sum payable to bearer or order." If these words
include "letters of credit," which it seems they do, it
will be well fur bankers to use caution before they em-
ploy them as a substitute for notes payable on demand.
The state of the Stamp Law, with respect to bankers,
seems to be in a vague and unsatisfactory state ' • and
that useful publication, the Bankers' Magazine, has lately
been collecting information connected with the subject,
of which the above is a part.
The other plan of evading the law, by issuing bills
at sight for fixed amounts to the partner or cashier
of a bank, with an endorsement in blank, is considered
by a correspondent as likely to expire of its own ac-
cord. A large number of them soon find their way into
the hands of rival bankers and others, who specially en-
dorse them to their London agents, and these in a few
days return upon the hands of the first issuers, totally
useless for the purpose of re-issue.
As it is not generally known that Bank of England
notes are a legal tender in Scotland and Ireland, a Trea•
sury minute, dated the 12th of November, 1836, to
which our attention has been called, is highly valuable.
It is there expressly declared as the opinion of the law
officers of the Crown, that the Act 3 and 4 William
IV., c. 93, applies to Scotland and Ireland, so as to
:mike Bank of England notes of 51. and upwards a legal
tender in those countries. This opinion leaves the
question open as to whether the Bank of England could
issue 1/. notes in Scotland and Ireland, where that low
denomination is not prohibited. It is said that sonic
of the Scotch banks have been so much impressed
with the belief that the Bank of England has this
power, that they have made application for 1/. notes
to that institution. These, we understand, were at once
rejected.
In the Gazette of last Friday was inserted a return of
the average amount of the circulation of notes in Scot-
land and Ireland for the four weeks ending the 9th of
November. This return is published under the 4th and
sth Victoria, cap. 50 (the Act passed in 1841), which
formerly included the average of the circulation of the
Bank of England, the private and joint-stock banks in
England, and the Scotch and Irish banks. The return
published in the Cktzettes of September 27 and October
25 omitted the Bank of England return, as being now
unnecessary, but contained the averages of the English
private and joint-stock banks in the usual form. The
present return omits these latter items also, thus leaving
only the Scotch and Irish banks.
The increase in Scotland, according to the last return,
as compared with the previous return, is 296,6301., and
in Ireland during the same period it is 675,0361.
With regard to the circulation of the Bank of Eng-
land, published in the same Gazette of last Friday, there
appears to be a very slight difference from the previous
week. The circulation of notes in the hands of the
public being 20,580,7501., showing an increase of about
21,000/. The bullion, however, as in the previous re-
turn, shows an increase, the present amount in both
branches of the establishment being 14,231,252 L, which
is 115,6231. more than the previous return.

Hum Fair, for defendant, said he would not call
into question the evidence just adduced, but he thought
he might fairly call upon the jury to deduct 600 lbs., on
which duty had been paid.
The SOLICITOR:GENERAL replied, saying he could not
conceive how the jury could yield to the request of his
Lcarned Friend, after the evidence had been so strongly
unfavourable to the point on which he rested.

His LORDSHIP having summed up the evidence briefly,
The jury found a verdict for the Crown, with damage's
in the single Yaine of 0474 Us, —Verdict entered accord-
ingly.

COURT OF COMMON PLEAS, Nov. 27.
(Sitting at Nisi Prim.)
WEBB V. BEVAN AND OTHERS.

The plaintiff is a livery-stable keeper in Gray's Inn-
lane, and brings this action of trespass under the follow-
ing somewhat singular circumstances :—The defendant,
Mr. Bevan, a barrister, had placed a horse at livery in
the stables of Mrs. Savage, in Fetter-lane, for the pur-
pose of being taken by some trusty person in her service
to be sold at Tattersall's. This commission was in the
first instance entrusted to one of Mrs. Savage's ostlers,
named Charles Stocking ; but from something that
transpired respecting that person, his mistress strictly
forbad him to take the horse sway. However, he did
so ; but instead of taking him to Tattersall's he sold it
f)r 101. to Mr. Webb, the plaintiff, to whose possession
it was traced. The defendant Mr. Bevan, accompanied
by the other defendants, of whom three were police-
constables, proceeded to Mr. Webb's stables, and recog-
nising his horse, demanded it to be restored to him. The
plaintiff refused, insisting that he bad fairly purchased it
from a person authorised by the defendant. He then
locked the stable-door, which the defendants broke open,
and took the horse away.
Mr. Wfi..p.ss (with whom was Mr. Lush), for the
plaintiff, contended upon these facts that the first autho-
rity to Stocking to take the horse to Tattersall's was
sufficient to make good the purchase by the plaintiff.
Mr. Sergeant Talfourd, for the defendant Mr. Bevan,
Mr. Sergeant Channell, for another defendant, and Mr.
Sergeant Byles, for the constables (who suffered judg-
ment to go by default), addressed the jury at some
length, complaining that all who were present with Mr.
Bevan were made defendants, and he was deprived of
their testimony, and contending that upon his own case
the plaintiff was entitled to no damages, or at most to a
very small amount.
The evidence for the defence went to prove the owrer-
ship in Mr. Bevan, and the unlawful removal of the horse
(or stealing) by Stocking.

APPEAL COURT, DOCTORS' COyi.IIONS.
The Court at yesterday for the purpose of hearing ap-
peals, of which but a comparatively small number were
on the list.

The only case of the slightest general interest which
was heard was an application for a monition to isstr,
against John Doricourt Taylor, whose case has already
appeared in this paper, for having failed to comply with
certain orders of the Court. _ _

The case had been heard some time ago, when the
Court adjudged that Mr. Taylor should pay a stated
sum into Court within fifteen days from the 13th of this
month. This term having expired to-day, the process of
Court was now sought. In support of the application,
affidavits were put into Court and read, which stated that
Mr. Taylor had left England, and was out of her Ma-
jesty's dominions, and that any further dwlay in the is-
suing of the monition would be attended with a frustra-
tion cf the order and intention of the Court.

The COURT held that it would be rather precipitate to
issue such a process on the very day when the order of
the Judge was only to expire, and consequently deferred
issuing the monition until the next day appointed for the
sitting of the Court.
This being the last case on the list, the Court rose.

COURT OF BANKRUPTCY, Nov. 26.
(Before Mr. Commissioner EvANs.)

THE RAINBOW TAVERN, FLEET-STREET, IN RE ISAAC

ARGENT.

This case came before the Court on Friday last,
for the choice of assignees, and was adjourned over to
this day, for the purpose of certain creditors, who
then sought to prove, producing their books, to verify
their accounts, and also for the examination of Mr.
Coils, who was alleged to have been in partnership
with the bankrupt.
Mr. Tioggins attended for the bankrupt, and Mr.
Cooke for certain creditors.

Mr. Commissioner EvaNs—Do any creditors attend
to prefer joint proofs ; for I understand at the last
hearing that such an object was in contemplation ?
There was no answer.

Proof of several debts was tendered, and one re-
lating to accommodation bill transactions with Mr.
West, an innkeeper at Hastings, was ordered to stand
over.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Nov. 27.

Mr. Coils having been sworn, was examined by
Mr. Hociairis, and stated in substance as follows :
I formerly kept the Rainbow Tavern, Fleet-street,
and now produce an agreement entered into between
me and Argent, who subsequently occupied that
house in consequence of such agreement. There were
many payments and other transactions between us
after that time.
Mr. HOGGINS—aO you keep any book ? Mr.
Coils—No, Ido not; but I produce a statement of
the payments between lbs. I have other papers beside
that which I now produce, but they are at home, and
when the Court wishes they shall be forthcoming.
Mr. Cooke, the solicitor, made out the agreement
between me and the bankrupt.
Were all your transactions with him in conse-
quence of that agreement ?—No, they were not all
on the footing of that agreement ; such as rent, for
example, and other matt-A.3.
Now tell the Court, Mr. Coils, when you took pos-
session of the Rainbow Tavern ?—I think it was on
last Saturday fortnight.
How came you in possession of the Rainbow ?—T
put in an execution for money due to me.
Did 7ou examine his (the bankrupt's) accounts, or
ascertain the nature or amount of his property ?
No, I did not.
How much money does the bankrupt owe you now?
—1,7001., of which 1,000/. is upon his bond, and the
remainder upon bills of exchange, and a cheque for
200/., which I lent him. There was a bill of sale
from the Sheriff to me, dated 12th November, 1844.
Did you then pay over the money to the Sheriff?—
No, I did not, as t myself issued the execution.
No other proofs having been tendered, Mr. John
Wells, of Upper Norton-street, gentleman, was chosen
assignee.

(Sittings at Nisi Prius, at Westminster, before Mr.
Justice WICEITMAN and a Middlesex Common Jury.)

BARKER V. MARIGNAN.

Mr. Petersdorff appeared for the plaintiff, and Mr.
Platt for the defendant.

This was an action to recover damages for an arrest
and alleged false imprisonment. The plaintiff is a livery-
stable keeper, and the defendant's horse and chaise had
been brought to plaintiff's stable and put up there.
During that time the horse was baited. In about
half an hour after the defendant arrived at plain-
tiff's stables, and called for his horse and chaise, on
which he was told that there was a shilling to pay. lie
replied that his horse and chaise had not been sent there
by himself, but by the landlord of the Brown Bear, in
Covent-garden, and that, therefore, he should not pay
the charge demanded. Upon this plaintiff told him that he
should detain the horse and chaise until his demand was
paid, whereupon the plain tiff went out, and returning with
a policeman, gave the plaintiff into custody, and at the
station-house preferred a charge of felony against him
for stealing his horse and chaise. To recover damages
for this causeless arrest and false imprisonment the pre-
sent action had been brought.
The jury found for plaintiff—Damages 101.
DAVIS V. CURLING.

This was an action against the surveyor of the high-
ways of the parish of Tottenham, to recover damages
for the consequences of an accident which had been
occasioned, as was alleged, by his neglect. The plain-
tiff is a cowkceper, residing in Lambeth, and on the Ist
January, 1843, he drove down to Tottenham in a one-
horse chaise, accompanied by his wife, to the house of
a Mr. Newsome, where he remained to supper. On his
return home his gig was upset in Marsh-lane, ii conse-
quence of his driving over a heap of gravel. The gig
was broken to pieces, and Davis and his wife were
both seriously injured. The former was confined to his
bad for three weeks, and was disabled from attend-
ing to his business for six weeks. It appeared
that on each side of the lane there is a track
of greensward, on which it is customary to place heaps
of gravel for the repair of the road, where they are left
until tilt), are required. The heap i❑ question, it was
contended, extended from the greeniward into the road.
Several of the plaintiff's witnesses swore positively to
this fact, and also stated that they had, before the acci-
dent occurred, frequently drawn the attention of the
defendant's servants to the dangerous state of the par-
ticular gravel heap which had occasioned the accident.
Mr. PLATT (with whom was Mr. Bovile) having
concluded the case for the plaintiff,
Mr. PETERSDORFF (with whom was Mr. James), for
the defendant, submitted that he was entitled to the
verdict, on the ground that the defendant had not re-
ceived twenty-one days' notice of the action, which, as a
public officer, he was entitled to, under the 109th section
of the sth and 6th William IV., cap. 50, and that the
plaintiff must be nonsuited, even should the Court
decide no notice was necessary, because there was no
proof of the allegation that defendant had received
distinct notice to remove the gravel, and that there was
no evidence to show that he had suffered the gravel to
remain there wilfully, or even to show that he knew that
it was there at aIL

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before Lord Chief Justice DENMAN.)
_ _ .

His Lordship entered the Court and took his seat at
10 o'clock.

THE SLAVE TRADE ON THE COAST OF

AFRICA.

Mr. PRENDErtossT and Mr. CLARKSON appeared to
make an application on the part of Captain Thomas
Jennings, late of the Augusta, who was charged with
slave trading on the Coast of Africa.
Mr. PERNDEROMIT prayed that his Lordship would
enter at once upon the trial this session, or at least fix a
time for it, as Mr. Jennings's character and prospects
were greatly injured while the present charge of felony
was kept suspended over his head. The injury was the
greater, as that gentleman solemnly protested that the
accusation was a most unfounded one.
Mr. PATH■ opposed the application upon an affidavit
of Sir George Stevens, which was read to the Court. It
would be quite impossible to proceed with the trial until
the presence of Captain Hill, who was at present in com-
mand at the Bolam River, could be had in this country.
That would, at the lowest computation, involve a delay
of six months, and on that ground he moved that the
application be dismissed, and a postponement granted for
that time.
Lord DENMAN said that Captain Jennings had already
urged a plea in another Court, that he had been already
tried for this offence, which plea had been dismissed.
Had it, however, been held good, there would have
been no necessity for Captain Hill's evidence in the case;
hut now that officer's evidence was indispensable. He
would, therefore, order that the trial take place in the
coming June Sessions.
Three young men, labourers, named William Sadd.
Henry Clow, and George Henry Vaughan, were indicted
for feloniously assaulting John Augustus Lock, with in-
te•nt to murder him. A second count charged them with
a common assault.

Mr. Justice WIGIITSIAN having hoard Mr. Platt and
Mr. Bovile in reply to the objections, refused to stop the
case, but reserved the points.
Mr. PETEnsnonFF then addressed the jury for the
defendant.

Mr: Justice WIGHT2dANt in summing up, left these
questions to the jury—First, were they satisfied that
the defendant ever knew that the gravel was in the
place where it was ? Secondly, if he did so know it,
was it negligence and want of due care on his part to
leave it there ? Thirdly, if they answered the other two
questions in the affirmative, were they satisfied that the
accident had been occasioned by. such negligence ?
The jury then retired to consider their verdict.

COURT OF EXCHEQUER, Nov. 27.
(Sittings at Nisi Prius, at Westminster, before the low)
CHIEF BARON.)
THE ATTORNEY-GENERAL V. TOPLIV.
This was an information filed by the Attorney-
General against the defendant, for harbouring and con-
cealing, and having in his possession a quantity of
tobacco, which had not paid the duty.
The Solicitor-General, Mr. Jervis, and Mr. Wilde,
conducted the case for the Crown ; Mr. Ilumfrey and
Mr. Barstow were counsel for the defendant.
The SOLICITOR •GENERAL said, the circumstances of
this case were very abort. The defendant carried on
the business of a tobacco manufacturer in Bermondsey7
street, Surrey. About three o'clock on the morning of
Dec. 3, 1843, an officer of the Customs, wee,: Jordan, in
consequence of information he had received, proceeded to
watch the premises of the defendant. He planted him-
A( if undor one of the arches of the Greenwich Railway.
atul had not been standing there long before he observed
a man coming from a court or alley a,d;attent, with a

Mr. Clarkson and Mr. Doane appeared for s
the prose
cution ; Mr. Prendergast for the prisoner
r.
Payne•for Clow, and Mr. Ballantine for Vaughan.
The person assaulted, John Augustus Locke, a sworn
constable at Nicholson's wharf, had taken a drunken
person into custody for obstructing the business there,
and while conveying him to the station-house, lie was
surrounded by a mob, among which the prisoners were
conspicuous who committed the assault complained of,
and released the prisoner. They were at a subsequent
period taken into custody. The prisoners were this day
tried for the commi-in assault only.
Evidence having been given, and the counsel for the
prisoners having severally addressed the jury,
Lord DENMAN' summed up, and the jury, efier con
suiting togetip,r,- return,d a verdict f Guilty ii,vainst
Henry Clow, but reiommendeil to mercy on account
of previous !•ood chiirseter, A!,(i Acquitted the other two.
His LORDSHIP then said that th,, prison; r had been c.,n-
Yietod of a brutsl and cowardly assent, but in considers.,
tion of the good character he had receivefl, and the recr.an-
naemititiou of the jury, the punishment indicted weted bt

THE SIJN, LONDON, THURSDAY MORNING; NOT_VMDEP

„Le, 2B, 1844.

lighter than the critnetidietred•
be be imprisoned and kent
• The sentence was that
months, and at the •-
f,o hard labour for six calendar
recognizatices of that ri Pnter into hig (‘ITT
Patrick r" 504 to keep the, peace tor two years.
..rammon, a labourer, aged 25. was indicted for
feloniously wounded Gfiorge Higgins, a policeman,
~y striking him on the head -with a brick.
It appeared that on the morning of Sunday, the 13th
October, the prisoner and another man were wrestling
in High street, Islington, wEen the constable Higgins
Mlle up and ordered tltein to move on. They did so, but
on entering a certain court one of the persons threw a
brick at the coristakde. He endeavoured to take the
offender into ely,tody, when the prisoner struck him on
the head with, another brick, and he fell down insensible.
When he recovered he was placed under surgical care,
from several wounds on the head nud a brokn collar-
bone. The assault was clearly proved by corroborating
evidence.

Mr. COTTINGHAM asked him- why,he deserted; and his
reply was that when with the regiment he got drunk and
rem.rinH f)rn !t•
to go back, afid eaith: tE. I,olLion. liO ded thai;
he was now most anxious to join his regiment.
Mr. COTTINOHAM said the prisoner had committed a
serious offence against the articles of war, and asked him
if it was likely he would get punished? The prisoner said
that he was certain he would not be flogged, that he
would get a few daps sharp drilling, and a little soli-
tary confinement in the black hole.

COTTINGHAM said that his present condition was
attributable to liquor, and advised him ita future to ab-
stain from it. The Magistrate added that it was his
duty to commit him to gaol until the authorities at
the War-office were apprised of his being in custody.
The deserter was then sent to prison.

The prisoner pleaded that he was intoxicated, and
had been assaulted in the fiat inst4nee.
His Loansnir, after a severe admonition, sent him t,l
the }louse of Correction, with hard labour, for six
months, and at the er.d of that period to enter into
sureties in 501. to keep the peace for a couple of years.
Several petty larcenies were next disposed of, but they
possessed no feature of interest.
James Smith, aged 23, was convicted of a burglary in
tho dwelling•house of Philip Kennel!, and stealing there-
from a watch and other procerty to the value of a(, and
sentenced to seven years' transportation.
The additional charges upor. the calendar since last
Monday are twenty-seven, consisting principally of lar-
cenies from houses and from the person. No charges of
a particularly heavy character are added.

POLICE INTELLIGENCE.
BOW-STREET.
On Tuesday Charles Conner, a young man of re-
spectable appearance, was charged with having de-
serted his wife and infant child.

THAMES POLICE.
ATROCIOUS OUT RAQ E.--AD active-looking young
man, named Charles 'Valiant Glover, a labourer, re-
siding in Whitehouse- Line, Stereley, ",\ 35 charged with
fel,,mou,ly wounding Ann Nehl, a young warried
woman, in an advanced state of pregnancy.
It appeared, from the evidence of several witnesses,
that on the evening of Monday week, the prisoner,
whose conduct was more like that of a raving maniac
than of a rational being, ran a-muck along the Mile-
end-road, in a state of infuriated drunkenness, with a
mason's trowel in his hand, striking every person who
came in his way. He first hit a man named Green,
who was selling umbrellas near the kerb-stone below
the London Hospital, with such force, that but for
the intervention of the coat collar the blow would
have nearly decapitated him. He next struck at,
but fortunately missed, a young man named Hopkins,
and then rushed on striking furiously both right and
left, Green and Hopkins being in pursuit. On arriv-
ing opposite the London Hospital, the prisoner
shuck Mrs. Neal so forcibly on the left side
of the head that the trowel cut through her bonnet
and laid open her cheek to the teeth, two of
which were displaced, and hung loosely by light
filaments from the gum. She fell senseless on the
pavement, bleeding profusely from the wound, and
was ultimately conveyed to the London Hospital.
Green and Hopkins continued their pursuit of the
prisoner, who still ran on, striking at all in his course
until he was overtaken by the latter near Osborne-
street, on which he turned and attempted to use the
trowel, but Hopkins closed in on him, and they both
fell in the struggle and rolled over and over in the
mud. He was then given into the custody of two
constables, whom he kicked and cuffed violently on
the way to the station-house. Mrs. Neal, who had
been in the hospital until Saturday last, attended
yesterday with her head bandaged up. She seemed
still pale and languid from what she suffered. Her
testimon=y was in accordance with the statement given
above. The prisoner said he was drunk at the time,
and had no recollection of what occurred.
Mr. BRODERIP told him that was no excuse for
running a-muck at the public, and, in his mad vio
lence, striking at every person he met. In the case of
Mrs:Neal, he must take his trial for feloniously
wounding with intent to do grievous bodily harm,
and the other parties injured could have redress by
indicting him at the Sessions.
The prisoner was fully committed.

A poor wretched-looking woman, having a baby in
her arms, nearly blind, stated that she was the wife
of the prisoner, to whom she wax married in Dublin.
In March last he left her under the pretence of seek-
ing employment as a clerk, but never returned, and
in a few months afterwards the child which she now
held was born. Having no means of supporting her-
self, she started in pursuit of her husband, who had,
as she was informed, left Ireland in August to enter
upon some situation in the Treasury. She4ollowed
him to England, but although she had Iseenstaying
in London several weeks walking from street to street
in the hope of meeting him, she failed in her endea-
vours until Monday, when she accidentally saw him
in Drury-lane. He told her that he was unable to
support her, but she followed him a considerable dis-
tance, and then gave him into the custody of a police-
man. The woman said she had been in St. Martin's
workhouse during part of the time she had been in
London, having become wholly destitute.
The prisoner, NI ho assigned no other reason for de-
serting his wife than his inability to maintain her,
declared that he was still without money or employ-
ment, but that he expected very shortly to obtain a
situation through the influence of a friend.
Mr. JARDINE said the case was attended with much
difficulty, occasioned by the wife's having left the
parish to which she had legally become chargeable.
Unless the prisoner now undertook to keep his wife
and child, he must either go into the workhouse with
them, or be passed back to Ireland.
The prisoner said, he should he able by disposing
of some clothes to support her, probably, until he ob-
tained a situation. He hoped the Magistrate would
net deprive him of his liberty, or send him back to
Dublin, where he had no prospect of getting employ-
ment. It was true he had no home at present in
London, but he would contrive to get into lodgings.
With this understanding Mr. JARDINE dismissed
the man. previously reminding him of the consequence,.
to which he would render himself liable by a breach
of his rngagem'•ut..
MARLDOIIOI7GII-STREET.
*'On Tuesday:two men, named Thomas Sullivan and
Justin Connor, were placed at the bar before Mr.
Hardwick, charged with stealing two cloaks from the
carriage of Lieut.-Col. Le Blanc, of the Royal Hos-
pital, Chelsea.
James Bickerstaff, a scavenger, stated, that while
with his cart in Soho-square on Friday last, he saw
the prisoners go up to a carriage that was standing
near the Soho Bazaar, and one of them took from it
two cloaks, upon which they both ran away. Witness
followed them till he saw a policeman, to whom he
communicated what bad occurred, and pointed out
the direction taken by the thieves.
Police-constable 57 C said, that from the informa-
tion he received from the preceding witness he went
in pursuit of the prisoners, and succeeded in over-
taking Connor in Sutton-street. On finding himself
pursued, Connor dropped the two cloaks. Sullivan
escaped till Sunday, when he . was arrested in St.
Giles's by a policeman, who recognised him from the
description given by Bickerstaff.
Col. Le Blanc identified the cloaks. They were
safe in the carriage just before some member of his
family left the vehicle to go into the Bazaar.
The prisoners, who declined saying anything, were
fully committed.