The Sun.
London, England, 1845-08-29 00:00:00

Lni-i

IRELAND.
REPEAL ASSOCIATION.
DUBLIN, Auc. 25.—The weekly meeting of the,As-
sociation was held this clay, John Reilly, Esq., T C., in
the chair.
Mr. JOHN O'CONNELL, M.P., in moving the adoption
of the following address to the Protestants and Presby-
terians of Ulster, said that, notwithstanding the ridicule
with which their endeavours to conciliate the Orange-
men had been received, they would persevere in those
exertions, and would not cease to point out in a Chris-
tian spirit the disastrous consequences which resulted to
their common country from the disunion and divisions
which had unfortunately so long existed.
ADDRESS OF THE LOYAL NATIONAL REPEAL
ASSOCIATION TO THE PROTESTANTS AND
PRESBYTERIANS OF ULSTER.
" FELLOW COUNTRYMEN:—OUr common country is in
distress and poverty, and we, Irishmen, cannot agree to help
her !
" Why is this ?—what advantage have we in our fights and
divisions? None ! The advantage is to England.
" Were we pulling together, England would listen to our
just demands; the absentee landlords would be made to come
and spend at home the rents they now waste in foreign coun-
tries. The harsh resident landlord or agent would speedily
be called to account, and made to deal honestly with the far-
mer and respect his tenant-right.
"Every penny of the money we pay in taxes is, after dis-
charging the Lord-Lieutenant's expenses, and those of our
crippled public offices, swept away to be lavished in making
handsome squares in London, or paying English debt, con-
tracted without our consent, and without any benefit to us.
" Were we, Irish Protestants, Presbyterians, and Catholics,
good friends with each other, we would very soon stop that in-
justice as all others: and whatever we had to pay in taxes should
be spent among us, and so give us some return of our money.
" After the great Protestant movement of 1779-1782, all
Irishmen were for a time reconciled to each other ; and the
consequences were free trade, a free Parliament, and a degree
of prosperity in agriculture and manufactures, such as Lord
Clare himself confessed no nation ever before attained to in so
short a time.
" The Englishman found the means of dividing us again.
He made ass of our religious differenees. He blew up again
the smouldering embers of religious rancour, until they burst
into a fire that scorched and withered every genial feeling of
the heart, and dried the fountains of charity even in their in-
most source I
" And he rejoices to believe that reviling', and bitter de.
fiances, and taunts and insults passing between us still, and
still we are, as he fancies, as far as ever from thinking of our
common interest--the interest of our common country, of the
Ireland of the Orangeman as of the Papist.
" Nay, the other day, the London Morning Chronicle called
the idea of our ever coming together an egregious absurdity,'
and said it was a farce to threaten England with a union of
Irishmen ! that that was impossible.
" What a chuckle of base unchristian gratification there is in
these words.
" And is this to last? Is the world for ever to mock and
jibe at us? Is Ireland to be for ever pour, neglected, robbed,
insulted, despised, because of her divisions? •
" What benefit to any party amongst us is there in apse our
sad and ruinous dissensions ? What advantages are you reap-
ing from ?ism, or has there been to us? Alike we are laughed
at and contemned, in turn we are oppressed.
" Your meetings now are as odious to the -Government as
ours in 1843. The same unconstitutional. means are being
resorted to to put them down. The same injustices are being
done to you now, as then to us.
" We can end this if we will, we can make our demands be
attended to, ourselves be respected, our country be restoi cst to
her rights.
" We can do this ag.sin as it was once before done, in the
glorious era of 1732, when your forefathers in arms shook
hands with 'Jur forefathers in chases, and both vowed together
to make their country a nation.
" We can do this if, in the name of our common Creator, we
forget and bury our miserable differences, and make a long pull,
a strong pull, and a pull altogether for el Irelend.
(Signed by order of the committee)
" JOHN O'CONNELL."
The SECRETARY read the following letter from Mr.
Smith O'Brien, M.P., inclosing his subscription for the
current month :

LAW INT ELLICBNCE

COULT OF BAAKRUPTCY, Aug. 28.
(Before Mr. Commissioner FONBLA NQU E. )
IN ItE ALUBURY.--IMS.ORTANT.
This insolvent carried on business as a butcher, at River
Head, Kent, and was opposed on behalf of Mr. Moyce, a
butcher.

The insolvent was exami• ed as to whether he had not re-
ceived a large snm of money from Lerd Holmsdale, and had
not increased the debt to the opposing creditor, by promising
to pay that amount over. He admitted having received some
money,-but could not tell how much or when.
The Learned ConimissioNxa said, the insolvent's answers
were very unsatisfactory, and if he did not give more definite
at.swers he would commit him for a month to refresh
his memory. -
On being questioned as to his profits, he said he did
not make 10s. a week. The profit was only 1/. on a
bullock, 51. to 2.08. on a calf, and ss. on a sheep.
Mr. Aloyce deposed that 3/. to 4/. was a fair profit on a bul-
lock, and insolvent killed one a week, besides sheep and calves. -
The Learned COMMISSIONER said the case was anything bbt
satisfactory. The insolvent must pay 101. in six months, and
he should adjourn the final order from time to time, to ensure
future payments.

ASSIZE I.N TELLIUENCE.
NORTHARN ClRCUlT.—Liverpool, Aug. 26.
CIVIL SlDE.—(Before Mr. Justice CRESSWELL and a Spe-
mai Jury. )
DOE, DEM. HUTCHINSON, Y. THE MANCHESTER, BURY, AND
ROSSENDA LE RAILWAY.
Mr. Wortley and Mr. Crompton appeared for the plaintiff;
Mr. Baines, Mr. Martin, and Mr. Brandt for the defence.
This was an action of ejectment, to recover a piece cf land
which had been taken by the company for the purposes of the
undertaking. In opening the case the Learned Counsel stated
that it had formerly been occupied by the lessor of the plaintiff,
who had a house upon it, and afterwards by his tenants He
held a lease from the Fred of Derby. - The company, requiring
this ground, and being empowered to take it under the com-
pulsory clauses in their Act, had taken possession of it. The
lessor of the plaintiff had, it was alleged, been willing to let
them have it on fair and reasonable terms, but these they had
declined, and had, it was contended, in taking it under their
Act, not complied with the provisions therein contained. The
Act was passed on the sth of July, 1844, and in the course of
the same month Mr. Hutchinson got notice that this land would
be wanted. It was finally agreed to settle the amount to be
paid to Mr. Hutchinson by arrangemont between him and a
Mr. Statter, who was to act for the company. They met, and
agreed that the purchase money should be whatever any re-
spectable insurance company might fix on as the value of the
lease. The annual value, however, the parties could not agree
upon, and the agent of the company. wrote to Mr. Hutchin-
son, saying that it must be referred, as usual in such cases, to
a jury. After same further correspondence, and a proposal
of reference by Mr. Hutchinson, notice was given by the
company of an offer by them of a certain sum, which, if he
declined, was to be settled by a jury; and, accordingly, in
twenty-one days from that time, a warrant issued under the Act
to empannel a jury and assess the compensation. Mr. Hut-
chinson wrote to request a postponement, on the ground of ill.
ness, but the inquisition, on the 13th of January, took place
notwithstanding ; and the company, under this authorithy,
took possession of the land. It was said by the company that
they were entitled so to do, because the owner had neglected to
make out a title, in which case the Act vested the land in the
company, at once ; but this. the Learned Counsel said I
was not so. It was no doubt. necessary, for the sake of the
puhlie, that railways should be constructed ; but the companies
in exercising the very extensive powers granted them by the
Legislature, must strictly act within those powers, which in the
present case they had not done.
Evidence was then adduced to show the possession of Mr.
Hutchinson ano his tenants for a great many years. It appeared
also that, at the investigation before the jury, leases had been
produced on the part of Mr. Hutchinson.
For the defence it was said, that Mr. Hutchinson had acted
vexatiously throughout the whole trate-action, and that the
company, who hail had no disputes with any ether parties but
himself, were at last obliged to avail themselves of their Par-
liamentry powers, and take possession of the land under their
parliamentary title. The various clauses of the Act were re-
ferred to to show that the company had acted according to its
provisions, in taking proceedings before a jury. They had
taken this course after having in vain tried to come to terms,
and they had refused to postpone the. investigation, because
from the p(evious conduct of the party they doubted the sin-
cerity of his intentions. The inquiry had been conducted by
counsel on hush soles, and the jury awarded a sum of 4,080/.
It was alleged, too, that the lease produced on behalf of Mr.
Hutchinson was dated but three days before, that it was pro-
duced bs Mr. Skatter, who was Lord Derby's agent, and was
retained in his possession. The company under -the circum-
stances were, it was contendee, authorised to look upon the
lesser of the plaintiff as neglecting to make oat a titie, and they
accordingly paid the money into the Bank of England, and
took possession of the land.
Evidence was adduced on the part of the company as to
what took place respecting the inquiry before the jury, and a
long correspondence was read on the subject of Air. Hutchin-
son's title. It appeared that Mr. Hutchinson's solicitors had
demanded from the solicitors for the company a 'fraught of a
conveyance to be executed, while the others insisted the land
had already vested in the company, and nu conveyance was
wanted.
His LORDSHIP said the question between the parties seemed
to be whether the lessor of the plaintiff was bound to show a
title or the defendant to demand one. He thought the latter
was the case, and a verdict was finally entered for the plaintiff,
with nomieal dam iges.
CROWN SlDE._(Before !Ir. Baron ROLFE. )
John Thorley Ball, Richard Cantrell, and John Holborn,
were indicted for a-conspiracy to defraud.
Mr. James and Mr. Atkinson conducted the prosecution ;
the prisoners were defended by M-. J. Pollock.
The evidence against the prisoners was very complicated and
ran to great length, but in substance it was made to appear
that the prisoners and others had taken establishments at Man-
chester, Liverpool, and Chester, under pretence of carrying on
business, and by this means, and with the a.sistance of cross
references to one another at these various places, had obtained
quantities of leather, pickles, steel, porter, and other miscel-
laneous commodities, which, on coming to band, were imme-
diately disposed of at any price that could be obtained for them.
A principal witness was a person who had been intheir employ-
ment, and an accomplice in the fraud.
The prisoners were convicted, and
His LORDSHIP sentenced Ball and Holborn .to be imprisoned
for two years, and Cantrell to be imprisoned one year.
August 27.
NEWTON V. THE GRAND JUNCTION RAILWAY COMPANY.
This was an action to recover compensation from the com-
pany for the alleged infringement of a patent taken oat by the
plaintiff on the 15th of May, 1843, for improvement in the
bearings of the axles of railway carriages, and other axles
where great friction existed. The invention purported to have
been a communication from a Mr. Isaac Babbelt, an American,
from Boston. Mr. Babbelt was in Liverpool in the year 1843,
and had permission from the Liverpool and Manchester Rail-
way Company to make experiments on two of the engines on
their line. The result was satisfactory, and he afterwards sold
the discovery to the present plaintiff.
A great number of pleas were 'put on the record—first,
" Not guilty ;" secondly, that the plaintiff was net the first and
true inventor ; thirdly, that he did not duly enrol his specifica-
tion ; fourthly, that it was not sufficiently described in the
specification ; fifthly, that the invention was not an improve..
rnent ; and sixthly, that at the time of taking out the patent
the invention was not " a manufacture, nor used and known
within the kingdom," as described in the statute of James.
The case commenced yesterday, and a great mass of evidence
was adduced, to show the nature of the invention, its novelty,
and the importance of the results in diminishing the wear and
tear of locomotive engines. It appeared that the invention
consisted in lining the semicircular brass " step" of the axle,
which rested on the axle, and bore the weight of the carriage,
with an alloy of a softer metal, of considerable thickness,
which was prevented from spreading and yielding to the pres-
sure by a brass fillet along its edge. The step was lined by
first polishing the inside, tinning it, and then placing within it
a mould the gists of the axle or "journal," as it was called,
running in the alloy while in a state of fusion. This alloy in
cooling adhered to the tin and became incorporated with the
brass step, fitting Chisely to the journal or axle which revolved
in it

CENTRAL CRIMINAL COURT.
SENTENCES AND SESSIONAL RESULTS.
The following is a complete and correct list of the sentences
passed upon the convicted prisoners at the last session.
Sentence of death was recorded against Charles Peden.
Transported for Life—Thomas Peat, Henry Winzenberg,
George James Aungier, and Eara Bass.
For Fifteen Years—George Smith, 22, Aaron Steinbourne,
Edward Long, and Robert Haynes.,
For Ten Years—Daniel Dwyer, William Joseph Carroll,
Charles Haley, John Ricketts, Paul Cooper, William Cole-
man Balls, John Smith, 35, William Owen, and William
Edwards.
For Seven Years—James Grimes, Gruff Griffiths, Charles
Johnson, GeOrge*Wellfare, Titus Adams, James Byrne, Sarah
Marlborough, Benjamin Birdseye Reeve, George Hall, James
Shambrook, William Aldridge, Benjamin, Perry, alias John
Davie, Michael Carroll, Mary White, Catherine Kell, William
Gale, and Henry Sherlock, 17.
To be imprisoned for Two Yeats—Richard Jarvis, William
Syrnon, John .Bytes,. Daniel Davillin, Elizabeth Newton,
Martha Carter, and Thomas Mason.
For Eighteen Months—Thomas Hillycr, William Suggell,
William Warne and George Brett.
For Twelve "Nlunths-George Williams, 21, Robert Fitz-
harris, Thomas Williams, 18, Francis Cavalier, Elizabeth
Malloy, alias Hannah Dunworth; John Taylor, 3.3, Mary
Smith, 45, John Richards, 19, John Jones, 17, Anne Wilson,
55, Thomas Borden, Benjamin Stook, Edward Stuart, James
Collier, George artin, John . Henry Thompson, *Samuel
Wren, George Evans, John Higgs (county gaol), William
Stevens, Ralph Chillingworth, Thomas Roach, Anne Denney,
William Grant, Thomas Barnes Bankes, Sarah Banks, William
Elford, Elizabeth:Elfiird, George Hare, William Goodright,
Mary Anne *Jackson, George Wright, William Baylis, Frede-
rick Dibbin, John Hutchinson, Matthew Hopkins, Robert
Whitby, alias John Rock.
For Nine Months—Charles Castleman, Thomas Weston,
John Leary, Thomas Cunningham, John Payne.
For Six Month4—James Bell, Thomas Harman, James
Kesley, John Andrews,• John Harmer, John T.Wright,
Charles Reeves, John Glynn, William Matthews, William
Sullivan, Joseph Hoye, James Hughes, Frederick Witticombe,
Sarah Julian, Robert Miller, John Moore, John Beasell, Eliza-
' beth Cabbett, James Murphy, William Wall, Edwin Clark,
Thomas Burke, Anne Williams. John W.lker, John Broom 19,
Robert Broin, 32, Mary Ann Williams, Frances Hatch, Mary
Anne Stni.h, John Burke, John Cabbett, Jame" Downs, Emma
Webb, Edmund Webb. John Williams, 18, Henry Chedgey,
Elia' Uiden, Louisa Conde, John Parker, Gorman Myers,
Edwin Clark, James J. Taylor. James Flynn.
Thirty-five prisoners were sentenced to be imprisoned for
three mon, ha, and a number of others were sentenced to shorter
periods of imprisonment, varying from two months to one day,
in Newgate. Forty-five prisoners were acquitted, and the bills
against only ten prisoners were ignored by the grand jury.

" Cahermoyle, August 0, 1845.
"My dear Sir—l inclose my subscription for the present
month to the funds of the Repeal Issociation.
" I am very glad to perceive that the association is about to
apply itself with vigour and earnestness to the registration of
repellent throughout the kingdom.
We cannot too often repeat the undoubted truth, that no-
thing would tend so much to advance the cause of repeal as that
a l2i ge maktrfty of the lri ,11 reprevntatives should appear in
Conc:tiatitm Hall, or in the House of Commons, in the cha-
rmtr,r of uncompromising advocates of the legislative freedom of
Ls-sand. •

" Resolute men of high abilities, and of upright principle,
can, undoubtedly, be feui,d to represent the sen iments of the
Irish nation in the nest Pariian.ent, if the people of Ireland
will give to the cause for which they would cheerfully lay down
their lives—the less glorious sacrifice of titre and exertion
which it is necessary to ivalify them to exercise their electoral
rights.

" Scanty as arc our electoral privileges, the repealers of Ire-
land have it in their power to return at leas, eventy represen-
tatives, if they will unremittingly persevere in those efforts
which are required to render their franchise available for the
service of their country.
" Patriots of Ireland—The destiny, not of Ireland alone, but
of the empire is subject to your control in so far as human will
can control the destiny of man. i/oubt not that a nation's
will can secure a nation's freedom if hien purpose be sustained
by resolute and persevering action. We bow, indeed, in reve-
rential submission, to the Sovereign Ruler of this world. We
may not repine, even though it be his decree that this land
shall continue to endure sufferings unknown to other nations ;
but we are encouraged to earnest and hopeful action both by
the divine precepts and by the experience which teach that
Providence never fails to support, to strengthen, and to guide.
those who seek to attain righteous ends by virtuous means.
" What aim can be more noble—what more holy, than that
which aspires to accomplish the liberation of the country which
gave us birth ?—I remain, my dear, Sir, very faithfully yours,
" WILLIAM S. O'BRIEN.
" To M. Ray, Esq., Sc."
Mr. Joan O'CONNELL said that on the last day of
meeting he felt it imperative on him to make an appeal
to the Catholic hierarchy for a decided expression of
their opinions with regard to the Colleges Bill, as certain
statements, which had been uttered in different quarters,
induced the belief that the amendments made to the Bill
had rendered it satisfactory. Since then he had been
honoured with a communication from Dr. Cantwell,
Bishop of Meath, which pronounced emphatically that
the education scheme, in its present form, had not the
confidence of the Catholic prelates. The Hon. Gentle-
man then moved that his Lordship's letter be read and
inserted on the minutes, and that the thanks of the
Association be conveyed to him for this additional proof
'of his zeal for the happiness and welfare of his country.
Captain llaonEracse urged upon the repealers an im-
mediate attention to the registry ; and read a communi-
cation from Belturbet, which stated that " Molly Ma-
e-uireistn" was still rampant in the county Cavan. On
concluding, the gallant gentleman handed in 22/. I4s. 6d.
from Oldcastle, and read a letter from the Rey: Dr.
Leonard, through whom the remittance was made, which
contained the following passages
" This sum speaks loudly for a domestic legisleeure. It
shows there is nothing temporal more anxiously sought for by
the poor but spirited people of this locality. From the day on
which Henry 11. placed his unhallowed foot en our beloved
island we had many sad proofs of Euglish affection. When
we complained we were only reviled; when we trusted, we
were betrayed ; when we craved mercy, or even fair play, we
were only persecuted with some new kind of cruelty._ The
law (as we see in O'Connell's history) was often called in to
devour what the sword had spared. Our Parliament, when wa
had one, was sometimes a safeguard. Our beloved country
continues afflicted ; our cherished religion, if not persecuted,
is grievously oppressed in the members of its religious orders.
It is our duty to study concord, to cherish conciliation. We
are temperate ; we must be firm. The fawning and short-
sighted policy of England is (I fear) going to try us with the
thirty pxces of silver. We must be on the alert, or the spirit
Of Judas w.ll take possession of us. Without being prophets,
we can guess the object et the extended grant to Mayuooth, as
well as that of the go less education system. Wee see very
elea•ly the result or the nicknamed Cnarnable Bequests Act,
which robbed our poor of 26.000/. a year, be the same more or
lets; and though I maintain titre is an obligation of restitu-
tion, I will not mention upon whose shoulders I think it rests.
Live of our beloved religion, and attachment to our country,
were the objects most dear to the hearts of our predecessors
in the faith —shall interest, or fear, or money, or hope prevent
us from discharging the duties we owe to both ? I answer em-
phatically, in the name of the Irish priesthood, never. If I
dare ask a favour of two great men of whom we were once so
fond—and I trust we will s'aortly renew our attachment—it
would he that they would fling the robbing Bequests Act to
the winds, AS it has preyed itself an enemy to charity, and con-
sequently an engine of hell. The godless educa•ion system
won't fare better : see what it has done in France ; see what
it hag done in Germany! And will not the same cause pro-
duce the same effect ?"
After the disc sal of some further business, the rent
t',.- the week was announced to he 207/. 13s. 7d.
The meeting then adjourned.
IRISH PACKET STATIONS AND RAILWAYS.
At the last Kerry Assizes a resolution was moved by
Arthur L. Saunders, Esq., and unanimously tvlopted by
the grand jury, to the effect that Sir Robert Peel be re
qty,sted to urge en the Government the necessity of ex•
amining the several fine harbours of the coast of Kerry,
" so as to determine whether one or other of them may
not be the most suitable of any in the United Kingdom
a; a paeket station for intercourse with North Ame-
rica." This resolution was accordingly conveyed to
the Premier, through the foreman, Sir William D.
Godfrey, Bart.
The following is Sir Robert Peel's reply :
" Treasury, Aug. 13.
"Sir,—l am directed by Sir Robert Peel to acknow-
ledge the receipt- of the resolution which you trans-
mitted to him from the grand jury of the county of
k,rry, relative to a careful examination of the harbours
on the coast of Kerry, with the view of selecting a
packet station for intercourse with North America.
" The subject of the relative merits of harbours on the
west coast of Ireland has, at different times, had the at-
tention of Government, but the selection of any one in
preference to others for a packet statism is a subject re-
quiring very mature consideration. The question is not
merely as to the comparative extent and security of the
harbours themselves, and the opportunities cf access or
egress for sailing of steam-vessels, but reference must
sl'o be had to the cominunieations by land, and the
faciliqes for connect's*. tern with the interior of the
country, and with Dublin. progress of railways in
th south-west of Ireland will be of matcrial importance
as an element in forming a judgment upon this subject.
—I have the honour to be, your obedient humble servant,

" JOHN YOUNG.
Sir William D. Godfrey, Bart., &e."

BRrnGE WITHOUT ITS PIER IN ENGLAND. —The
report that Westminster-bridge is to be pullet down rests, we
regret to say, upon the slightest foundation. Many people de-
clare that the bridge is no better than the report.—Punch.
THE WEATHER AND THE CROPS.—We have as
yet had no encouraging prospects of harvest. They are gloomy-
as the weather, and must always be in matters ever the des-
tinies of which the weather presides. The past week has been
a most disheartening one to all, except, perhaps, the dealers in
corn and meal, who have taken advantage of it and the pre-
ceding dull days to raise the price of these commodities. In
oar last, we mentioned that the barley harvest had commenced
in the Enzie, and ere now, had we had ordinarily fair weather,
some fields would have been ready for the sickle in this neigh-
bourhood, which is none of the earliest. Those, however,
that were the most au'umnal-looking here have made but very
little progress in the deepening or rather lightenini their hues
during several d..vs past. A week's dry weather now would lea
lama begin w al.—Aberdeen "[crud.

THE S ITN, LONDON, FRIDAY MORNING, AUGUST 291 1815,

were provided with a fillet and lined with an alloy, run in pre-
cisely in the manner described in the patent, the object being
that which the patent proposed—the diminution of friction.
There were then many bearings of the same kind in use in
Csnwall. This lathe he afterwards took to London, and sold
it there. He had not heard of it since, and did not know that
this improvement was then generally known. He afterwards
made an experiment with a view to improved bearings for the
axles of a saw-mill. The improvement was the making of
three longitudinal grooves along the surface of the brass bear-
ing, and filling them up with the alloy. Nothing further,
however, was done in the matter. The witness afterwards
went to America, from which country he had but lately re-
turned.

Mr. BAINES replied, commenting strongly on the conduct
of the company through their officers, who, he contended, had
soueht to evade the plaintiff's pat.nt, and to get the benefit of
hi. discovery without paying him that reasonable remuneration
to which he was entitled.

His LORDSHIP summed up. He said the question for the
jury would be whether the defendants had violated the plain-
' of ea patent by using the whole or any part of his invention.
If a patent is granted for a new combination of things known
before, that does not prevent any other party from using that
which was old. There was no evidence that the defendants
had used the whole of the plaintiff's invention in the steps with
the fillets as described in the patent ; but it seemed established
that their servants took old and new brasses, and after tinning
them in the usual way, had, while the br...sses were hot, with a
stick of tin, 1::id on as much a. they could to the extent of from
the 16th to the Bth of an inch. Many of these brasses were
new, and it was not, therefore, the mere patching of old ones.
I Was that substantially an adoption of any pert of the patent—
had they, by thus laying on the tin, smoothing it in some
cases with a solderingiron, as described, obtained some
;action of the benefit of the invention; and was that part new?
The jury, after being out a considerable time, returned a
verdict for the plaintiff—Damages, 1,0001.
This case was the last on the list, with the exception of an
action for, illegal imprisonment in violation of the plaintiff's
protection under the order of the Court of Bankruptcy, which
was still proceeding when the report came away.