The Sun.
London, England, 1842-11-24 00:00:00

niscV I:baton

THE FUNDS-(CLOSING PRICES.)
BRITISH FUNDS.
Bank Stock
3 per Cent. Red. ........ 94A Ditto Bonds ....... 52 pm
3 per Cent. Cons-- . 947- Ditto Old Annuities ... -
3i per Cent. Red... 100 j, Ditto New Annuities...
New 31 per Cent... ...... 101,i Ex. Bills, 1,000/....2d. 58 pm
New 5 per Cent... 124 Ditto 5001 58 pm
Long Annuities to expire Ditto Small .58 pm
Jan. 1860 ... l2l Bank Stock for Acct. 267
Oct. 1859
Jan. Is6o — ,Consols for Opg. ...... 95i
FOREIGN FUNDS.
Austrian, 5 per cent. ... Portuguese, 5 per cent.
Belgian, b per cent — Ditto, New Ditto 361
Brazilian Bonds... 66 Prussian, 5 per cent.
Buenos Ayres 6 per cent. Russian, 5 pei cent —
Chilian, 6 per cent. Ditto, Metallic ...... .
Colombian,:6 per cent... Spanish, 5 per cent l7i
Ditto, 1824 Ditto, Deferred.... .
Cuba Bonds, 6 per cent 79 !French, 5 per cent. —f. —e.
Danish, 3 per _cent — Exchange —f —c
Greek, 1825, 5 per cent. French, 3 per cent —f. —c.
Mexican, 5 per cent 3li Dutch, 2i per cent s3i
Ditto. 6 per cent. 1837 Ditto, 5 per cent. .. ... 101 i
Peruvian,lB2s,6 peret."
SHARES.
Birmingham and Derby (100 paid)
Eastern Counties (23 paid) 9h
Ditto New (—paid) ll
Edinburgh and Glasgow (50 paid) ...
Great Western, (65 paid)
Ditto New Shares (50 paid)
Ditto Fifths ( 4 paid) .... 81,.
London and Brighton 050 paid) 35
London and Blackwall (- paid) .......•• 5&
London and South Western (411 6s 10d pd) 604
London and Croydon Railway (Trunk)
Northern and Eastern (45 paid)
Ditto Scrip ( 5 paid) 9
North Midland Railway (100)
Paris and Rouen (20 paid) ••.••—.. 23*
South,Eastern and Dover (50 paid).........
Ditto Scrip (20 paid)

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Nov. 23.
THE QUEEN V. THE MANCHESTER AND LEEDS RAIL-

QUEEN'S COLLEGE, GLASGOW.
FOR THE EDUCATION OF LADIES.
The unparalleled success of this spirited enterprise,
and the sensation which the ceremonial of its opening
(which we noticed on a former occasion) produced,
afford the best proof of the estimation in which it is
held, and of the void in female education which it has
suddenly filled, in that great community. In the
first fortnight of its existence it has enrolled about
100 pupils—a number which its prototype here re-
quired years to achieve. When we look at its pro-
gramme, we are equally struck with the comprehen-
siveness of the provision made for a liberal and gene-
rous female education, and with the number and
talent of the teachers. Theology, literature, science,
and the fine arts, are all answered for by professors
who, in other seminaries in Glasgow, nave established
the highest characters. One feature of this Institu-
tion is especially graceful—its harmony. Its pa-
tronesses are of all shades of religious and political
connexion. Clergymen, both Churchmen and Dis-
senters, undertake its theological department ;
which, with mueh propriety, is limited to Natural
Theology, the evidences of Christianity, and ,sa-
cred history and geography, trusting the special
religious instruction, in which sects disagree, to
home and pastoral care; while its professors of the
other branches mbet under its roof from all the rival
seminaries of note in Glasgow. We find what we
may call the philosophy of this achievement of our
friends in the West, so concisely set forth in the short
speech made by our townsman, Mr. Simpson, at the
splendid meeting in the Assembly-rooms, on opening
the " College," that we cannot do better than transfer
it from the Argus to our own columns.
Being called upon by the Lord Provost to address
the meeting, as one of the strangers who had come
from a distance—
Mr. Simpson said, that on an occasion like the pre-
sent, he could not be satisfied with sending an apology
for absence, but, when honoured with an invitation,
at once resolved to attend.—(Cheers.) No doubt
the noble railroad, which almost makes the two great
cities one, offered him great facilities ; hut he
sincerely said—so highly did he estimate the im-
portance of this meeting, :not merely to that
great place, but to the country at large—that
he would have walked to Glasgow for the
sake of the privilege he at the moment enjoyed.—
(Loud applause.) He had spoken from that same
platform four years ago on the subject of the new
education and its advantages, in the elementary way
which its novelty then demanded ; but such had been
its progress since, that, as one gentleman near him
(Dr. Penny) had remarked, its topics have become
common-places and truisms. That crowded hall was
real evidence of this. That enlightened platform, the
splendid assemblage before him, needed not to be told
that the old education was a mockery—that the new
contrasts with it as much as educating one—as the
knowledge of the creation of God in its realities con-
trasts with words without meaning—as the formation
of character, and the development of intelligence,
honesty, and mercy, contrast with bad reading and
worse writing. No adult present but has felt, in
every relation of life, that that wide field for culture
in man, his feelings, his impulses to action, has been
left miserably barren • nay, worse, that these impulses
have been miseducated, to the incalculable increase of
human suffering. This misdirection begins early, for
it often mars the future man in his nurse's rrms.
We complain that men are sensual, while they are
taught to be sensual by the abuse of fOod to selfish
enjoyment, in the first months of their existence. We
Complain that they are violent, often cruel, while
they are taught to rage, to strike, to revenge, before
they can walk, while violence and domineering are
their daily lesson in their schools, and bettered by
them as a practical instruction in their after years; till
force and fear, and violence and blows, and sangui-
nary laws and wars, are considered by them as the
essential moving powers of the moral world. How
different the new education, which rules that the child
should never hear an angry word, should never see an
angry face, should never receive a blow, or be in-
structed to discover that such a thing is a possibi-
lity in nature. If they arc trained to be violent,
men are also made deceitful, proud, vain, and selfish,
by concealment, and competition, and emulative
struggle, misnamed generous, but intensely selfish,
and often incurably attaching to chaaacter through
life. It is only those who appreciate the new educa-
tion, who know and feel how deeply the iron of the
old entered into the soul of society, and how beauti-
fully the new is adapted to remove almost every
complaint that renders life a life of wailing and woe.
It would sweeten domestic intercourse—exchange
household wrangling for " the music of kind voices,
and the heaven of kind looks"—give to private life its
" quiet majesty"—exalt and purify public relations—
banish party for justice, self-seeking for benevolence,
and all uncharitableness for brotherly love. We com-
plain of the servants of our house, and our business ;
but we are only learning that their uneducated, mis-
educated, impulses render them the nuisances that an-
noy us. How and when is the counter process to be ap-
plied ? We are coming nearer to the object of the meet-
ing. When in this place four years ago, he (Mr. S )
had summed up the items of a sound education—moral,
which rightly trains the feelings—intellectual, which
opens up even the stores of science, and claimed that
' sum of education for all—he was asked, "What ! even
for females ?" Yes, he answered, for females, even more
imperatively than for men, seeing that, in educating wo-
mhn, you are educating the most important, because
the earliest, of the educators of man. You are edu-
cating a teacher whose function and responsibility re-
duce the teachings of science and art to insignificance.
—(Cheers.) The germ of the future man is in her
trusted hands—the opening of his being—the first
movements of his muscular frame—his first sensa-
tions—his first emotions—his first cognition of
existing things. What may not, what ought
not, woman to do for that education which forms
character ?—nay, rather, he would ask, can that
education to be realised without her agency? can,
above all, that emotional religion, which cherishes the
love of God in the heart, by an unceasing exposition
of his goodness by her who first pointed the infant
eye upwards to his throne, be implanted by any so
well as a female hand ? Never-to-be-forgotten
was the brief—in her own language, the mono-
syllabic—answer of Madame Campan to Napoleon,
who asked her what she considered most necessary
for the education of the French people? she re-
plied, Mothers !—(Loud cheers.) Write this on the
door-posts of this new seminary ; bind it, as on
their frontleta, on the memory and the heart of every
pupil that treads its threshold, and its opening in
Glasgow will be well entitled to be held one of the
most important epochs of Glasgow's history. After
some remarks upon the musical enthusiasm which Mr.
Mainzer was exciting in Edinburgh, which he will
not fail to rouse in Glasgow .when he visits it, as he
will at no distant time do—and were he here, said Mr.
Simpson, he would, by the extraordinary power he
possesses, make every one in that room sing, in-
cluding the Lord Provost himself—(A laugh)—
whether they would or no—Mr. Simpson concluded
by congratulating Glasgow on the opening of the
Queen's College ; and added that, with its High
School, Collegiate School, 'Western Academy, Trades'
School, and Queen's College, no place in the empire
possessed a richer provision of means for an en-
lightened, liberal, and generous educationfor thethe
middle clieses. A national plan alone will extend
blessing to the entire population.—Scotsman.

SPIRIT of the PUBLIC JOURNALS.
FROM TUE EVENING PAPERS OF TIIIS DAY.
GLOBE.—Sir Robert Peel, having inherited from
his Tory prototype, the " immortal Pitt," the desperate I
expedient of that most inquisitorial and oppressive of
all modes of taxation—an Income-tax, will probably
cling to it with the tenacity of Castlereagh, even after
the necessity which was appealed to as its only
has ceased. The Income-tax of Pitt was a war
tax. At the time of its imposition it was so described ;
and its author, in the most explicit terms, declared in
Parliament that no circumstance but a war, in which
England was defending her very existence as a na-
tion could justify any 20inister in proposing such a
means of revenue. . The termination of the war was
not productive of a disposition of the then Tory Go-
vernment to repeal the Income-tax. Another, and
yet another, year of that prolific source of revenue, to
fureish a profligate Ministry with means to supply
the cormorants of corruption, was pleaded* for. Lord
Castlereagh's still-remembered ebullition of vexation
against the people's " ignorant impatience of taxa-
tion," was uttered on the occasion of hosts of petitions
being presented for the removal of that tax, in fulfil-
ment of the pledge given by the Minister that it
should be taken off upon the return • of peace.
The " ignorant impatience" of the nation prevailed
over the Government, which was defeated in 1816 in
its attempt to continue the obnoxious tax. Well do
we remember the demonstrations of general joy on
receipt of the intelligence, which was expressed to the
most distant parts of the kingdom. The ringing of
the church bells, and the blazing of bonfires lit on
the most elevated spots, manifested the public feeling.
It seemed as though an incubus had been removed
from the national energies—a fiscal inquisition and
instrument of public torture broken up by the
force of public opinion acting upon the Legislature.
In his financial statement made to the house of
Commons on March 11 last, Sir Robert Peel, like Mr.
Pitt, rested his defence for proposing an Income-tax
on the dire necessity which compelled him to meet
the deficiencies in the national revenue, and the pro-
spective expenses of the India and China wars, by this
extraordinary and, except absolutely necessary, inde-
fensible expedient. The peroration of that oratorical
display consists of a high-flown panegyric upon the
patriotism shown by our fathers in submitting to the
tax when proposed by Mr. Pitt, in 1798, "when
the prospects of the country were most gloomy ;"
and an exhortation to the present genera-
tion to show themselves worthy of their fa-
thers, by submitting to an Income-tax to meet
the deficiencies, and provide for an anticipated in-
creased expenditure, now. We have again and
again showed the utter absurdity of comparison be-
tween the circumstances of the country in the
former and in the present periods of its history.
Admitting that Mr. Pitt was justified in having re-
course to such a mode of raising an immense revenue,
every argument he employed condemns the uncalled-
for imitation of the course he pursued. If there was
really no necessity for this bold experiment upon the
endurance of Englishmen, then is Sir R. Peel con-
demned for having made it. The termination of the
wars in China and Affghanistan, and the four millions
and a half to be paid by the former, plainly prove that
the infliction of the tax, and the annoyances which
accompany its collection, were gratuitous. We shall
return to this subject.
STANDARD.—The Leaguers say that they
have collected 4,0001. This they may easily pretend
when they have, by their own confession, already in
hand 85,0001., at least, of which' they can render no
account. Or looking to the proceedings. of the League
meeting\ at which the sum of 4,0001. is said to have
been subscribed, it will be seen that the subscri-
bers are the principal managers of the League,
who affect to contribute—one his 2001., another
his 1001., a third his 501. Now it is the easiest
thing in the world for these gentlemen, who have
85,0001. in a bag, if they have not privately appro-
priated it, or applied it to the use of the late insurrec-
tion, which it. would be uncharitable to suppose—it
would he the easiest thing in the world, we say, for
these worthy persons, having 85,0001. of the former
subscriptfOn in a bag—it may be under the table—
to put their hands into that bag, and take out
very munificent subscriptions, which would not
cost themselves a farthing, but would serve admir-
ably the uses of the " decoy duck.' It is
strange, and not a little suspicious, that not
one word has been whispered about the missing
85,000/., though many weeks have passed since
we humbly suggested that some account of that
large sum ought to be rendered. We know
that our modest inquiry has reached some
of the great men of the League, for the king
of the conspiracy denounced our interrogatory
in the public rooms of Manchester c'as
" cursed Tory lie of the Standard." NoW, if there
be a lie in the case, it is not the lie of the
Standard, but the lie of the League, and more
par-
ticularly the lie of the individual, who
made the un-
civil imputation upon us ?—the League ; and they
and he say that they have received 100,0001. already,
and that their funds are exhausted, while they can
show only so much value given as at the most
extravagant rate would not amount to 15,000/.
How, then, do we lie in saying that the
managers of the League ought to have in hand
85,0001. ? And why do they limit their contradic-
tions to such viva voce generalities as cannot be
regularly reported, and could mean nothing if they
were reported ? We think that we are putting
the most favourable construction upon their conduct
in saving that they are using the 85,000/. as a flight
of decoy ducks, or it may be as making a parade of
greater affluence and liberality than they can honestly
boast—just as we sometimes see half a dozen men re-
present an army, by marches before and counter-
marches behind the scenes of a theatre. If the
Leaguers, whose reputation is rather rank as it is,
would not be thought worse of even than they are,
they will publish an account—an account—an ac-
count.

to consequence of the late glorious intelligence
from the East, it is reported that her Majesty will
leave Walmer Castle for town in a few days, for the
Purpose of holding a Privy Council at Buckingham
alace.

WAY COMPANY.

The defendants in this case had been indicted for a
nuisance in blocking up the public highway from
Huddersfield to Bradford by the erection of their
railway. The Jury returned a verdict of guilty.
Application had been made for a new trial, which had
been refused. Various unsuccessful attempts had
been made to compromise the case, which had proved
abortive, and the judgment of the Court was applied
for this morning.
The SOLICITOR-GENERAL, for the Company, stated
that they were willing to adopt any suggestion the
Court would throw- out that they could adopt in con-
formity with the provisions of the law. It had been
suggested that a bridge might be thrown across, but
no bridge could be thrown across without a greater
ascent than allowed by law.
Mr. Justice CoLurunGE—Could not the railway
cross the road at a level ?
The SOLICIT( R-GENERAL said that in such case
they would have to pull down the railway, and re-
build it ; besides, they could not do that without the
interference of the Lords of Council to empower
them so to do, and the Lords of the Council were not
authorised to interfere,_ except where the public safety
was concerned, which was not the case in the pre-
sent instance. No injury had been done to any one ;
the Company had merely diverted the highway. They
must submit to the judgment of the Court, but lie
hardly thought the Court would give judgment for
the prostration of the railway. In the first place, he
doubted their power to do so, as it was a public high-
way; and, in the next place, he submitted the great
public inconvenience which must ensue from the
blocking up of a railway which.. was now open, and
used daily for the conveyance of letters and passengers.
Mr. Justice COLERIDGE-It is you who force us to
give judgment, because you refuse to do anything.
The SOLICITOR-GENERAL said the Company had
always been willing- to adopt any course that
might be suggested, if it were not contrary to the
provisions of the Act of Parliament.
Several affidavits were then put in and read.

The SOLICITOR-GENERAL said that the Company
were perfectly willing to abide by the decision of the
Surveyor of Railways appointed by the Crown. He
had lßfore made that proposition, and he now re-
newed it. General Pasley, who had, on the applica-
tion of the Company, gone down to survey the road,
had given it as his opinion that it would be highly
dangerous to cross the road at a level. Whatever the
Company could do they would do. Any course the
Court should say they ought to adopt they would
adopt. If the Court suggested that a bridge should
be thrown across the railway, as suggested by Gene-
ral fasley, the Company would do so, although they
could not make it of the inclination required by the
Act of Parliament, and would truat to the Court to
protect them from any indictment which might be
preferred against them for acting in accordance with
the suggestions of the Court.
Mr. BAINES followed on the same side.

The ATTOANEY-GENERAL on the part of the prose-
cution said that the Railway Company had endea-
voured to take as much and to give as little as, under
the provisions of their Act of Parliament, they
thought they could do. They had actually spent
more in the course of this expensive litigation than
would have built all three of the bridges, any one of
which, it was contended would have been sufficient to
comply with the finding of the Jury; but unfortunately
some persons were fonder of protracting litigation than
of bringing matters of this nature to a close. If any
sane and honest person had pointed out this to the
Railway Company at the time, this litigation would
have been brought to a conclusion long ago.
Lord DENMAN suggested the matter should be left
to the decision of General Pasley. . .

The ATTORNEY-GENERAL could not consent to
anything which would have the effect of disturbing
the verdict and re-trying the question.
Mr. Justice Com:RlDGE—Assuming the verdict to
be correct, and that the Company have not done all
that is necessary, would you object to leave it to Ge-
neral Pasley to decide what should be done, assuming
that something must be done—judgment to be re-
spited until General Pasley shall have reported, and
the defendants to pay costs ?
The Solicitor-General drew up the terms in which
_ _

he proposed the reference should be made, to which,
however the Attorney-General objected, on the
ground that it would be giving General Pasley the
power of re-trying the question—of tinkering the
nuisance instead of abating it.
The SOLICITOR-GENERAL was perfectly willing that
anything should be done that General Pasley should
direct.
Mr. Justice COLERIDGE-But suppose he should
direct nothing to be done, do you mean to say that
you are to do nothing ?
The SOLICITOR-GENERAL—Certainly, my Lord.
Mr. Justice COLERIDGE—That would be giving
him the power of re-trying the case.
The ATTORNEY-GENERAL could not consent to
anything that would lead to a mere tinkering the
nuisance. It must be assumed that all had not been
done, and no mere alteration of the diversion would
be sufficient.
Mr. Sergeant ATCIIERLY and Mr. ADDISON fol-
lowed on the same side.
Lord DENMAN said that it was important that the
Court should consider the question, and the judgment
had better be postponed for a few days.
There was another indictment for a nuisance in
obstructing the same public highway, about fifty
yards further, to which the defendants pleaded guilty.
In this case,
Mr. ADDISON proposed to respite the judgment, and
leave the matter entirely to the decision of General
Pasley, on payment of the costs.
The SOLICITOR-GENERAL assented to the proposi-
tion, on the understanding that the question of costs
• should be left to the discretion of the Master.
HAZELDINE V. GROVE.

E
THE TEN IieIISTER HOURS BILL.—AiA
NIGHT.—The approaching session of Parliament'TuzSDA
isT
not to be passed over without the factory operatives of
this district, distressed as they are, making another
attempt to emancipate their children from the slavery
to which they have too long been subjected by being
worked from an early hour in the morning until a
late hour at night, by which they are deprived of all
means of acquiring either a domestic or moral edu-
cation. Yesterday evening a very numerous meet-
ing of the Lancashire Central Short-time Committee
was held at the house of Mr. Thomas Wilkinson,
Red Lion Inn, London-road, at which it was
agreed again to appeal to Parliament through their
friend and champion, Lord Ashley. Amongst
other things it was resolved to print 1,000 copies of
their address, presented to Lord Ashley in the latter
end of September, together with his Lordship's reply
on that occasion. It was stated to the Committee
that there was every prospect of something being done
during the forthcoming session of Parliament to
abridge the hours of labour in cotton and other fac-
tories. It was also stated that Lord Ashley was very
sanguine as to the success of his measure, provided he
was supported by the Short-time Committees of Lan-
cashire and Yorkshire. The Committee, which was
attended by most of the most active of its members in
former struggles, entered warmly upon the prosecu-
tion of the good work, and have resolved to leave no
means untried to forward the emancipation of the
children of their fellow-workmen.

DINNER TO GENERAL MORISON, FOR CLACK-
MANNAN AND limitoss.—On Thursday last, the
Liberal Committee of the Western District of the
United Counties, and friends, entertained the
Gallant General to a sumptuous dinner, in
Stark's Hotel, Alloa, previous 'to leaving the
county for his Parliamentary duties. Robert
Bald, Esq., mining engineer, very ably filled the
Chair, and J. M'Nellan, Esq., of Scotsgirth, acted as
croupier. The party was one where united sentiment,
social delight, and unmingled harmony, prevailed;
and which must have been highly gratifying to the
General to witness in the town of his birth, after so
very long an absence in India.—Correspondent of the
Scotsman.
It was currently rumoured last night that the Go-
vernment, which so feelingly sympathises with Sir
Hudson Lowe, is about to appoint the Hon. Henry
Sutton, M.P. for this borough a Commissioner of Ex-
cise. This will, of course, render him ineligible for
Parliament; and we understand an eminent Conser-
vative barrister (we do not allude to Mr. Naylor) will
offer himself to the electors.—Cambridge Advertiser.
We haue seen an anonymous letter, addressed to
Thomas Sewers, Esq., bearing the Liverpool post-
mark, enclosing 51. for the relief of the unemployed
tradesmen and labourers of the city of Edinburgh.
The writer designates these suffering individuals as
his countrymen ; and it would bs well if other Scots-
men at a distance, who have the means in their power,
would follow this benevolent example, in order to
assist in relieving the prevailing distress, which is
particulfirly severe at the present inclement season.—
Scotnizan.
The sum allowed to thu unemployed poor of Gree-
nock is only id. a day—barely enough to keep life to-
gether,

EFFECTS OF Cm:num—The almond, with its
rough coriaceous husk, has been changed by long
culture into the peach, with its beautiful, soft, and
delicious pulp ; the acid sloe, into the luscious plain;
and the harsh, bitter crab, into the golden pippin. At-
tention to nutrition has produced quite as marked
changes in the pear, cherry, and other fruit trees;.
many of which have not only been altered in their
qualities and appearance, but even in their habits.
Celery, so agreeable to most palates, is a modification
of the apium gra.veoleus, the taste of which is so acrid
and bitter that :t cannot be eaten. Our cauliflowers
and cabbages, which weigh many pounds, are largely-
developed coleworts, that grow wild on the seashore,
and do not. weigh more than half an ounce each. The
rose has been produced by cultivation from the com-
mon wild briar. Many plants may be modified with
advantage by
.suppressing the growth of one part,
which causes increased development of other parts.—
Dr. Trueman on Food.
TITLIPOMANIA.—The sum of 6401. has been lately
(riven for the bulb of a new tulip, cal led the "Citadel
of Antwerp.'

THE SUN, LONDON, THURSDAY EVENING, NOVEMBER 24, 1842.

The Court took time to consider its judgment.
DUNN V. COMBE.

This was an actor brought by Mr. Dunn, whose
name has been rezently so much before the public,
as the suitor of Aiss Burdett, against Mr. Boyce
Combe, the police Magistrate, before whom he had
been brought, on 4 bench warrant issued by the Court
of Middlesex Qualer Sessions, ordering him to enter
into• -recognisance: to keep the peace, and who
on that warrant d committed him to prison in
default of his ente:ing into such sureties. He had
subsequently, been brought up to this Court by habeas
eorpto,,and discharged on the ground of the insuffi-
ciency of the art;el?s of the peace exhibited against
him. The case hae, been tried at Hertford before Mr.
Baron Alderson, fad the Jury had returned a verdict
for the plaintiff, with a farthing damages. Mr. Dunn
had sisbn-qtu,ntly obtained a rule nisi for a new trial
on the Fuund of insufficiency of damages.
Mr. .:130IGER This day showed cause against the
rule, and

The Conwr havitg heard Mr. Dunn at great length
in the support of it, ordered the rule to be discharged.

servant brought a note up to him, requesting him to
be in attendance at the spot at eight o'clock, in case
his professional assistance should be required. He ac-
cordingly went there, not knowing who the parties
were, and on his way called upon Mr. Brock and took
him with him as an assistant.

The letter which Mr. Guthrie had received was
then handed to Mr. Clive, who having perused it re-
turned it. It is understood that it bore no signature.
Mr. CLIVE said he could not understand the matter.
One of the defendants had said that the affair would
soon have been finished, and another said it was over.
Mr. M'Donogh explained that the time appointed
had gone by two hours, and the other party had not
'come.

vv
Wm. Allen tlicn deposed that he was ranger of
Wormholt Scrubs. About eight o'clock, or a little
after, he saw four gentlemen enter the Scrubs. One
of them went and sat on the top of the Atmospheric
Railway, from whence he could see all over the Scrubs,
and the other three stood underneath. Presently af-
terwards two cabs came up, and the driver of one of
them asked him for the Vale. Believing the object of
the parties to be a duel, he instantly ran through his
garden, and across the fields to Brook-green, and gave
information to the police.
Mr. CLIVE then said he did not know what the
cause of the intended duel was, but as the same cause
might arise again, he felt it his duty to hold them to
bail in a heavy amount.
Mr. M‘Dermott begged to assure the worthy Ma-
gistrate that it was impossible that the same cause
could occur again.
Mr. CLIVE replied, that not being sure of that, he
should require Mr. MDermott and Mr. M'Donogh
to enter each of them into a recognizance of 5001.,
and two sureties each in the sum of 2501.

POLICE INTELLIGENCE.
(TESTERDAY.)
MANSION-HOUSE.
A young man named Henry Stanbridge, who has
been several times examined, was brought up to be
committed under the charge contained in the follow-
ing evidence. Mr. Bozon appeared as solicitor for
the prosecutor, and Mr. Wontner attended on the
part of the prisoner.
Mr. W. G. Dodds, an ale and porter merchant, at
Howford-buildings, Fenchurch-street, stated that he
was not the owner cf three butts of sherry which were
mentioned in a delivery order handed to him, but he
was in treaty for the purchase of them with Messrs.
Long and Edward; wine brokers, and, from what
they said, he expected to have had possession of the
warrants for the wines in two days. He gave the de-
fendant the delivery order, for which he received from
the defendant the sum of 12/., leaving a balance due
to witness, in the transaction, of ten shillings. Wit-
ness at the same time told the defendant that he had
not possession of the warrants, and that he was not
sure the numbers he had put down in the delivery
order were correct.
Mr. A. Rayner, of 29, Park-place, Liverpool-road,
Islington, the prosecutor in this case, stated that he
had known the defendant for some time. On the
31st of August the defendant called on him at 69,
Old Broad-street, and showed him the delivery order
in question, which purported to be an order on the
St. Katherine Docks, signed W. G. Dodds, to deliver
to the defendant three butts of sherry, and
requested him to advance the sum of 601. The de-
fendant also produced a sample bottle of sherry as an
average sample of the wine he had purchased of Mr.
Dodds, and said he should want the money for a
month. Witness offered to let him have 641. for a
month for the payment of 701. at the end of that
time, a proposal which was accepted, and the most
positive promise of punctuality was made, the de-
fendant declaring that as he had purchased the wines
for his brother, and should reap considerable profit
from them, he should be well able to pay the debt.
Witness believed, from these representations, that the
defendant had bought and paid for these wines, and
that they were then at the St. Katherine's Dock, in
consequence of which belief he was induced to part
with his money to the defendant, who indorsed the
delivery order with his name. Two or three days
afterwards witness, in consequence of what was
intrusted to him, told the defendant he had heard it
was not a proper way of doing business to take,
delivery orders instead of warrants, and he should
therefore prefer the possession of the warrants
themselves to which the delivery orders re-
ferred. He replied that there was not the least cause
for alarm, that he would go to the Docks in a day or
two and get the warrants, and that the mere act of
lodging the delivery orders would be sufficient autho-
rity for the giving up of the warrants whenever wit-
ness thoughtproper. That assurance gave complete
satisfaction to witness. A day or two afterwards the
defendant called upon witness, and said he could not
get the warrants until the return of Messrs. Long and
Edwards' traveller, who had them, from the country,
that evening or next morning. The defendant again
called, and said the traveller had not returned, and
the warrants could not, therefore, be had. Witness,
suspicious of unfair play, and after expostulating with
the defendant, accompanied him to the office of Mr.
Dcdds, who said, upon being asked whether witness
could have the warrants in exchange for the delivery
order, " No, he was sorry that he had not received
them from Long and }Awards, but that witness
should have them as soon as he received them." Wit-
ness and the defendant then came away, the former
threatening to proceed in a different way if he did not
receive the warrants. On the same afternoon, the
defendant and another person called upon witness, and
the latter delivered him a letter, signed W. G.
Dodds, with two wine warrants, which both said
they believed
were of greater value than those
belonging to the delivery-order first deposited with
him. Previously to that, the defendant had brought
to him a wine warrant, which he stated was one of
those mentioned in the delivery order, at the same
time stating that he should have the other two war-
rants mentioned in the delivery order next day. On
receiving the three wine warrants witness found
they were for two butts and a half, and, therefore, a
hogshead short of the quantity agreed on, and upon
complaining, received the warrant for the remainder.
At the end of the month, when the defendant was to
have repaid the money, no money was to be had from'
him, and witness, upon saying that he should apply
to Long and Edwards, the defendant said, "How do
you know that the wines were bought of Long and
Edwards ?" and when witness replied, " You told me
so," the defendant observed, " That only shows what
a flat you must have been to believe me," and then
walked off.
Mr. H. J. V. Long, of the firm of Long and Ed-
wards, wine and spirit brokers, of 65, Mark-lane,
stated, that about the beginning of September Mr.
Dodds applied to him to purchase certain wine war-
rants relating to three hogsheads of sherry marked 0
by the ship Mona. Witness had had possession of the
warrants which had been placed in his hands for sale,
but not being able to effect a sale at the price
them, he had returned them to
theon
t party
rn
whom he had received them.
Witness informed Dodds of the fact, but of-
fered to get them for him, and subsequently ob-
tained one of the warrants referred to, and delivered it
to him. A delay occurred with respect to the other
two, and they were not delivered, as Mr. Dodds sub-
sequently declined having them. Mr. Dodds paid
witness for the warrant 3/. 10s., the warrant being
liable for the expenses,
and the value of the sutn to
which the warrant referred being from 71. to 81. The
two other warrants were each about the same value.
Mr. Wontner 'contended that there was no case
against his client, who had been out upon bail during
the whole of the proceedings.
The defendant was committed for trial.
KENSINGTON.
Yesterday four gentlemen, who were described in
the police-sheet as Charles Guthrie, surgeon, No. 4,
Berkeley-street, Berkeley-square ; Lawrence Brock,
surgeon, No. 28, Bury-street, St. James's ; Frederick
M'Donogh, No. 16, Great Marylehone-street, Port-
land-place ; and Michael Rodolph Ill‘Dermott, No.
57, Margaret-street, Cavendish-square, were brought
before Mr. G. Clive, the sitting Magistrate (with
whom was Mr. T. Paynter), charged by Inspector
Morgan, T division, " with being on Wormholt
Scrubs, in the parish of Hammersmith, for some un-
lawful purpose, and supposed to fight a duel."
Inspector Morgan stated, that while on duty at the
station-house, Brook-green, Hammersmith, about
half- past eight o'clock that morning, he received infor-
mation that a duel was on the point of being fought
on Wormholt Scrubs, Shepherd's Bush, and he imme-
diately despatched Sergeants Kelly and Bevan, with a
number of constables, to the spot to prevent it, and
take the parties into custody.
Thomas Kelly, T 8, deposed, that, in accordance
with the directions of his Inspector, he went that
morning, between eight and nine o'clock, to the
Scrubs, with Sergeant Bevan and others. On enter-
ing the Scrbs he saw two cabs standing there, in one
of which
was the defendant Brock, and the other
was empty. He afterwards saw two or three per-
sons upon the embankment of the Atmospheric
Railway, which runs on the east side of the Scrubs.
Two of the persons were the defendants, M'Donogh
and Guthrie. Witness then went on to the em-
bankment, accompanied by constable Bristow, T, 109,
and inquired of M‘Donogh what he was doingsthere,
who replied that he was a Director of the Railway
Company. Witness, however, believing from the mo-
tions of the party that they contemplated fighting a
due], took Mr. NlSDonogh into custody. Witness
afterwards found a, key, which Mr. M'Donogh told
him at the station-house belonged to a case of pistols
which was in one of the cabs.
Henry Bevan, T 3, deposed to taking the defen-
dnMr. M`Dermott, into custody. In a cab which
Saergteant Kelly told him Mr. APDermott had got
out of, he found the mahogany pistol-case now pro-
duced. On opening it afterwards in the station-house,
witness found in it two duelling-pistols, &c.
(The pistols were then shown to the Magistrates.)
Bristow,
fendants, Messrs. Guthrie and Brock, into custody,
T 90, deposed to taking the other two de-
and, finding on them a variety of surgical instruments,
lint, and other dressings, &e.
Mr. Csavt then asked Mr. M‘Donogh if he wished
to make any
the police against him and his friends ?
Mr. MDon
4 observations relative to the evidence of
ogh replied that what the police had
stated was
quite correct. The affair was over.
Mr. IlPDermott said if the police had been only
ten minutes later, the affair would have been over,
and all parties returned home.
Mr. Guthrie said all he knew of the affair was that
about three o'clock that morning he heard a knock at
the door of his
residence, and as be was dressing, his

The defendant in this care was Mr. Grove, the
Greenwich Police Magistrate, who had held the plain-
tiff to bail for perjury, alleged to have been committed
by him in giving evidence before defendant in a case
of complaint against a pawnbroker. The Grand Jury
at the Central Criminal Court threw out the bill, and
the plaintiff brought an action against defendant for
false imprisonment, which was tried before Mr.
Baron Alderson at the Assizes for the county of
Kent, when the plaintiff had been nonsuited, on the
ground that the plaintiff had not given the notice of
action required by the 53d section of the 2d and 3d
Victoria, cap. 51, and that the venue had been laid in
Kent instead of in Middlesex, as required by the Act.
A rule nisi to set aside the nonsuit had been granted,
on the ground, that as the Magistrate had no juris-
diction in cases of perjury, he was not entitled to any
notice at all ; and that, as he was not acting under
the Metropolitan Police Act in committing plaintiff,
he had received all the notice required by the Act of
20 George 11. and 10 George IV.
Mr. THESIGER now appeared to show cause against
the rule, and contended that Magistrates had juris-
diction in cases of perjury, and quoted several autho-
rities in support of his argument. If that was the
case, then the defendant was acting under the provi-
sions of the Metropolitan Police Act, was entitled to
the notice required, and the non-suit was perfectly
right.
Mr. BODKIN followed on the same side.

The SOLICITOR-GENERAL, in support of the rule
said that the action had been brought for a false im-
prisonment on two occasions, one when he was first
committed, until he should give bail to come up before
the Magistrate on the 6th August, and the second for
a false imprisonment on the 6th August. On the first
occasion, there had been nu charge made against the
plaintiff, no witnesses had been called, and the Magis-
tratedany chargetakenuponbahNi,iiiillsgelf to remand the plaintiff
without had
If, under
tuan
thdhae
arbtetahstohscee e o
rp." r cm
Court
osuu,
rtths tell.elocueclsdo, plaintifflehlhaeeanvhe
have
vdei madesb eeaheghanraa g
ei
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appliedosdt hh ii doubthim.
There was nothing in the Metropolitan Police Act
giving the Magistrate jurisdiction •, he had none; he
Gould not have been acting under the provisions of
the Act, and, therefore, he was not entitled to notice.
No Metropolitan Magistrate who was •fit for his office
could have imagined that he was acting under the
Metropolitan Police Act in committing a person
against whom no charge was made for further exami-
nation. This was a most extraordinary power for a
Magistrate to assume.
Mr. Justice COLERIDGE—The entry of the pro-
ceedings in the books of the Police Court is, that
there was a holding of Hazeldine to bail on complaint
that he had been guilty of perjury.
The SOLICITOR-GENERAL apprehended that the
Magistrate could not legalise his acts by making such
an entry in his books.
Mr. Justice COLERIDGE—Do you assume that in
every case it is necessary a formal complaint should
be made before a Magistrate.
The Solacti GENER AL apprehended it was neces-
sary. _

Mr. Justice COLERIDGE—Suppose a Magistrate
sees a person picking a pocket in Court, he may
surely order that person into custody ?
Lord DENMAN—The Magistrate may make the
complaint himself.
The SOLICITOR-GENERAL said that in this case no
charge had been made, no witnesses had been exa-
mined in the presence of the prisoner; but, because the
Magistrate thought be had been guilty of perjury, the
Magistrate had committed him. He denied that Jus-
tices of the Peace had jurisdiction in cases of perjury,
and that therefore the notice required by 2 and 3 Vic-
toria was not essential in the present case. The point
was whether the action ought to have been brought
under the statute 2d and 3d Victoria, or under the
statutes of Geo. 11. He contended that the plaintiff
was right in bringing this action under the statutes of
Geo. 11., that the nonsuit was wrong, and that the
rule for a new trial must be made absolute.
Mr. PLATT followed on the same side.

The worthy MAGISTRATE then inquired of Inspec-
tor Morgan if there were other parties concerned in
the affair ?

Morgan replied that there were, but they were not
in custody.
Mr. CLIVE asked if he had reason to believe that
either Mr. M'Donogh, or Mr. M‘Dermott were
principals or seconds?
Morgan said Mr. M‘Dermott was principal, and
Mr. M'Donogh was his second.
Mr. CLIVE, having further asked if Inspector Mor-
gan was acquainted. with the names of the other par-
ties, who replied in the negative, directed him to
apply for warrants against them immediately on his
ascertaining who they were.
Messrs. Guthrie and Brock were then discharged,
and the other two defendants having entered into the
required sureties, the whole party left the Court.
It was stated by some person in the Court that the
quarrel occurred on Monday night at the Sabloniere
Hotel, Leicester-square, when blows passed. A fair
lady was stated to have been the cause.