The Sun.
London, England, 1842-10-14 00:00:00

BRIDGE COMMITTEE.

"In obedience to your directions I communicated
to Mr. Walker the particulars and result of your con-
ference with Mr. Tyrrell, accompanied by your re-
quest that he would report whether in his judgment
it would be fit and expedient to effect a final settle-
ment with Mr. M'lntosh, upon the terms proposed.
I herewith transmit a copy of my communication and
Mr. Walker's reply.
" The Committee having likewise expressed a de-
sire that I would also report my opinion upon the
proposed settlement, I proceed to comply with their
wishes.

" Upon the particular circumstances mentioned in
Mr. Tyrrell's statement, and in Mr. Walker's letter,
as affording Mr. M'lntosh equitable grounds for an
increased allowance, it behoves me to speak with diffi-
dence, matters of this nature not being usually con-
sidered within a lawyer's province. As, however, it
had been my duty, under your orders, attentively to
consider every communication that had passed during
the progress of the work between the contractor, the

engineer, and the Committee; and as I had (aided by
the explanations of Mr. Home, Mr. Walker's intelli-
gent Clerk of the Works) carefully compared every
item in every bill with the corresponding items in
the plans, specifications, and contracts; and as I had
had the advantage of conferring many times with Mr.
Walker upon the whole matter, I consider myself suf-
ficiently master of the details to justify me in saying,
that in my opinion Mr. M'lntosh is able to establish
a strong claim upon the moral justice of the Com-
mittee for some additional
_payment beyond the
amount of his February bill. I repeat, however, that
upon this part of the subject I speak with diffidence.
Mr. Walker's experienced judgment is a much safer
guide for the Committee's decision. Upon the legal
fact of the question I feel myself more at home. I
do not hesitate to reiterate the opinion I have so often
expressed to the Committee, that in point of law Mr.
M'lntosh has no claim upon the Corporation in respect
of the great mast of charges introduced into his addi.
tion al bill. If Mr. M'lntosh had lost by the contract
twice the sum stated by Mr. 'Tyrrell, or if, as the
charges in his additional bill assume, he had supplied
more and better materials, or more and better work-
manship than the contract and specification exacted,
he would have been excluded, by the express terms of
the contract, from making any charge, by not having
given the engineer periodical notices during the pro-
gress of the work, of his intention to claim in respect
of such works as additions to the contract sum. It

would be monstrous if the law could fasten upon
the Ccrporation (who have acted merely as trustees
in the expenditure of a limited sum for a given pur-
pose) un obligation out of their own estates
and revenues, to pay many thousands of pounds
in respect of additional works, of which, if
executed at all, they were kept in profound ignorance.
" There are, however, a few items in Ir.
M'lntosh's second bill upon which, as I have before
expressed to the Committee, I entertain some doubt.
It arises out of the use of an ambiguous expression in
a part of the specification, and involves a question of
about 2,000/. In reference even to this part of the
case I am strongly inclined to think Mr. M'lntosh is
not right in the interpretation he has put upon the
doubtful expression to which I have referred ; but
there is certainly enough of doubt in the matter to
give colour to a long and expensive legal controversy,
in the litigation of which, together with other ques-
tions that would then be raised, years might be con-
sumed, and thousands expended. It is difficult to
fix at a money value the force of circumstances and
contingencies so various and uncertain as those which
must enter into the determination of this question.
The amount which it may be proper to pay is a com-
pound question, involving not only legal but equitabla
and prudential considerations, upon which, in the
absence of any fixed standard to determine the
amount, great difference of opinion may be expected
to prevail.

After maturely reflecting upon every fact within
my reach, I have no hesitation in advising the Com-
mittee to effect a settlement of the whole matter upon
the terms proposed.
" In private practice I should have recommended
the same course if the most valued client had placed
his honour and .interests in my keeping. I believe
that any Member of the Committee would so act,
were it an affair of his own ; and I apprehend nothing
more can be expected of
public
stations of high p
stations than that they shall administer the funds com-
mitted to their care with that due regard to the prin

'-P--

/2

eip'es of law and justice which governs their conduct
. *ii their own private concerns.—l have the honour to
Se, Gentlemen, your obedient servant,
" CHARLES PEARSON, City Solicitor."
Upon the motion for agreeing to the Report, and
sending it back to the Committee, to be carried into
execution, a discussion of some length took place, but
when the question Was put no more than three hands
were held up against it.
The Report was accordingly sent back to the Com
mittee, to be carried into execution. One of the
Members (a lawyer) was decidedly in favour of
opposing the claim of Mr. M'lntosh tooth and nail,
but the feeling of the Court was most strongly and
decidedly for the settlement.

_
BURGLARY, ROBBERY, AND
ATTEMPTED MURDER.
(From the .Worcester Chronicle.)
It is our painful duty to record the particulars of a
daring burglary and robbery, accompanied with
brutal violence, perpetrated.in this county yesterday
se'nnight, which, but for the merciful interpositiOn
of. Providence, .might have been equally dreadful in
its results with the atrocious murder near Derby, as
one of the aged sufferers was so dreadfully beaten
about the head and face, that his neighbours could
scarcely recognise his features, when they discovered
him next morning, blindfolded, and with his hands
tied behind him.
The scene of this atrocious outrage is in the parish
Shelsley, about a quarter of a mile from Stanford,
and the sufferers are two aged men, named Wm.
and Benjamin Butler, who had the reputation of
being well off, though their habits were miserly and
penurious in the extreme. Their residence was for-
merly a mill, but it has long since ceased to be used
as such, and has been roughly fitted up to serve as a
dwelling for them. It is situated in a most lonely
spot, at a considerable distance from any other house,
on the banks of the Teme. The path to the house
is nearly hidden by trees, and the building general],
presents the appearance of being uninhabited. This
is the third time the house has been robbed, but the
ruffians never carried their violence to such a pitch
as they did on the present occasion.
It seems to have been known in the neighbourhood
that William Butler (who is the monied brother), had
been receiving his rents, and in the middle of the
night of Tuesday last, the brothers were alarmed at
hearing some one breaking into the house. In a short
time three villains made their appearance, but the af-
frighted inmates fancied they heard a fourth outside.
The ruffians (who were armed with heavy bludgeons,
one or more pistols, and a razor), first seized Benjamin
Butler, blindfolded him, tied his hands and feet, and
beat him about the head in a most brutal manner.
They next laid hold of William, and after ill-using
him, demanded his money, using the most dreadful
threats if he did not forthwith give it to them. Find-
ing that he showed some hesitation to comply with
their demands, one or more of the ruffians returned to
the other brother, and, holding a razor to his throat,
swore they would murder him unless he told them
where the money was kept. Terrified at their violence,
poor Benjamin shrieked out, "Give 'em the money,
William, to save our lives." Thus adjured, William
tqokthern into a sort of barn, and showed them where
the money was hidden, and in a few seconds the bur-
glars possessed themselves of 601. .They afterwards
took a quantity of cloth and several other articles, and
finally quitted the house. Owing to the brutal vio-
lence to which he had been subjected, Benjamin
Butler fell into a state of insensibility, and William
wa's too frightened either to go to his assistance or to
stir out of the house until day-break, when he went
and alarmed his nearest neighbours, who speedily
came and discovered Benjamin in the condition whicli
we have described. They conld not find him for
some time, which led to the suspicion that he had,
been killed outright. Notwithstanding the brutal
treatment he has received he is likely to do well.
Information of the outrage was speedily conveyed
to the county police, and a man named Thomas Hadda
was speedily apprehended, and placed in the custody
of Superintendent Taylor, of the Great Witley divi-
sion. On being confronted with Benjamin Butler, he
at once identified him as one of the men who broke
into the house on the night in question. Ile conse-
quently underwent a brief examination, after which
he was remanded till Wednesday. We hope to re-
port in our next the apprehension of the other via-.
lains, having reason to know that active officers are on,
the "trail ' of one or more of them. To mention the
names of the suspected parties at present might defeat
the ends of justice.
We believe that both the brothers are above seventy
years of age, and as it was known that they resided
entirely by themselves (not having any female even in
the house to attend to their domestic arrangements),
it is presumed they were deemed safe parties to at-
tack. The elder brother, William, kept a school in
Friar-street, Worcester, some twenty years ago, and
still possesses some property in that locality.

NOTES ON SYRIA,
(Prom Colburn's United Service Magazine.)
The periodical overflow of the iordan in former
times, which was said to take place at "the time of
harvest (Josh. tii. 15)—here gathered in about May
—was, no doubt, caused by the melting of the snows
on the Anti-Libanus ; and, if this inundation does not:
take place in the spring, at the present day, it may
probably be owing to the channel of the river having-
becomemuch deeper than it once was.
Lions and other beasts of prey were said then to
infest its banks ; but now the only undomesticated
animals to be met with are wild hogs and gazelles—at
least we neither heard of nor saw any others; and,
although Lamartine mentions certain " rugissemens, '
which be implies might have proceeded from the king
of the forest, the noise more probably was nothing
more than the lowing of some matronly cow, in:
search of her strayed proge,y. We did not even Fee
or hear in the " sweet woods" those " tuneful nightin-
gales" mentioned in some other poetical effusions.
After crossing innumerable brooks, which, from
their appearance, I concluded to be perennial, and
passing, on our right, three large tumuli, of au oblong
shape, we arrived, in about two hours from our first
entrance into the Ghor, at the small Fellah Arab vil-
lage ofßysan, standing among the remains of the Beth-
shan of Scripture, where Saul's body was nailed to
the wall by the Philistines, and afterwards known by
the name of Scythopolis, from its having been seized
by the Scythians in the days of Josiah, and kept pos-
session of by them as long as they continued in Lower
Asia.

purckhardt—generally so observant fsipareevaekr3;hitihginogf
—is guilty of a sad oversight, when,
arinoe
aßLsatihle, he says—" The only ofnewly
columns
.
s—ents"
of black hewn atones, many foundations of eh
434138
I only saw a
houses
single shaft of a column standing. I •
n one of the val-
leys is a large mound
of earth, which appeared to he
artificial."
Had he taken the trouble to go to the base of the
" artificial :mound," on which probably stood the
Acropolis, near the upright shaft of the column he
mentions, he would have found some splendid remains
of a Roman amphitheatre, sixty-five paces in dia-
meter—many of the seats still perfects and some of
the vomitories, or dens for the wild beasts, in a capital
state of preservation. Besides these classical remains,
are to be seen, immediately to the westward of the
present hamlet, the ruins of several buildings, pro-
bably constructed in the time of the Crusades.
But what tends more than anything else to identify
places mentioned in ancient history, is the similarity
of the natural productions therein alluded to with
those found on the same spot in the presentday. Na-
ture seldom varies, whilst the proudest works of man
?on the
are but as
IB,i chaffanb.
Time.
nl 0
nt
ihlea, 1
inse%d.
ri
enNdai
rn.ebeevnfeoohrl
le
Bastian,tt hhieevkhio Inlgr-eldye sa
rtti.ieotAttithve
oi nfglial of
Memphis, • , ,
4,andta
nadeapinraolugdaiwnaaltlecis owf:r-theryso,ye
the criulilabelee(sl of
instotatdeus
sur-
rounding soil 1 whilst the sycamore still
banks of the Nile,—the " sedgy reeds" on those
the Scamander—and the oaks of
shan, mentioned in Scripture, are yet to be or
found iu
the neighbourhood of modern Bysan..

CHURCH-RATE MEETING AT
WAKEFIELD,
On Thursday last, one of the most numerously at-
tended meetings ever held at Wakefield for church
purposes, was held in the vestry of the parish church,
and by adjournment in the large Sessions Hall, at the
Court-house, for the purpose of founding a Church-
rate on the Churchwardens' list of items, amounting,.
in the whole, to 272/.105., and on which a rate of one
penny in the pound was proposed to be
the first mover, Henry Walker, Esq.: the Rev. Dr.
Carter, Head Master of the Grammar
the n School,
t stood
se-
conded the motion. George Craven,,,E4q.
with
forward and moved an amendment-7
this day, and
no Church-rate for twelve months f
eh,Aadftiser-
ha'tgrtalnletered by
thatpute thainsdmeegrteiantg
udopraudajrourn ensued,toth tehuapornt.mentvim.w.veilicar,
quietly addressing the
meeting,on the motion of Mr.
his friends, withdreai.
Craven, seconded
t
by 3 rh. Harrison,amendment,
sotuhteionbefore
the
which was then left as
meeting, was put and carreied all but unanimously.

The Decay ofthe Teeth and Gums arises from various
caused ; but, principally, it may be attributed to early
neglect, ill health, and the use of Tooth Powders con-
taining mineral and other deleterious acids, which give
a momentary whiteness to the teeth, while they corrode
the enamel. The extreme prevalence of this last cause
is too well known to need comment. To this fact, in-
deed, is principally to be attributed the long Botanical
Research, which was happily teratinated by the most
felicitous discovery ever given to the world for the pre-
servation of the Teeth, Gums, and Breath, viz., Row-
land's Odonto, or Pearl Dentifrice ; this Powder now oc-
cupies a distinguished place at the Toilets of the Sove-
reigns and the Nobility throughout Europe, while the
general demand for it at once announces the favour xi
which it is held by the public at large

l
~~~

<~~~

FIGIIT THOUSAND TWO HUNDRED
A MONEY DIVIDENDS will. be divided. in NEXT
MONTH, amongst 8,200 SELECTED Bonds of the LOAN
neaotiated in the year 1820, andGUARANTEED by the GO-
VERNMENT and his Royal Highness the GRAND DUKE
et BADEN.
1 Dividend 50,000 Florins 50,000 Florins
1 do. 25,000 ff
I do. 12,000 "
1 do. 10,000 "
1 do. 5,000 "
8 do. 1,000 " 8,000
10 do. 500 " 5,000 "
10 do. 200 "
2./0 do. 110 "
200 do. 105 "
487 do. 100 "
7,300 do. 94 "

44,200 Money Dividends, amounting to 892,900 Florins, or
£74,400 Sterling Money.
8,9.00 SELECTED Bonds, each of which is sure to obtain
•ne of the above Dividends.
Largest Dividend 1:4,166 13 4
Smallest Dividend £ 716 8

12 fl.rins equal to £1 sterling, a trite more or less, as per
the day's exehange.
ALL THE DIVIDENDS PAYABLE WITHOUT ANY

- _
DEDUCTION WHATEVER.
Direct for the few Bonds which are still on sale, WITHOUT
DELAY, to
HEINE BROTHERS at HAMBURGH.

Bends are on sale NOW at £l3. Against the end of this
Month the price will rise to Xl4, and the Sale will close in the
first days of November.

These who remit £l5 BEFORE the 28th instant, will re-
give an order for £2 upon our London Bankers, together with
the Bowl. To those ordering too late for being attended to,
their remittances will be returned by first post.
HEINE BROTHERS.

Hambargh, OcOcher 4, 1842.

THEATRE ROYAL. COVENT-GARDEN.
THIS EVENING, OCT. 14,
Will be presented Sheridan Knowles's Play of the HUNCH-
BACK. Master Walter, Mr. Vandenhoff; Sir Thomas Clif-
ford, Mr. Charles Pitt ; Modus, Mr. J. Vining ; Lord Tinsel,
Mr. Walter Lacy; Fathom, Mr. Meadows; Julia, Miss Van-
denhoff; Helen, Mrs. Walter Lacy.
After which (third time) Gtetry's Opera of RICHARD
CfEUR-DE- LION. Richard, Mr. Travers ; Sir Owen, Mr.
Leffler ; Wendel. Mr. W. Harrison; Florestan, Mr. Horn-
castle; Gnillot, Mr. Binge; Antonio, Miss Poole; Wilhelm
and Collette, Meister and Miss Marshall; Matilda, Mrs. Vidal;
Laurette, Miss Rainforth.
Doors open at Half-past Six, and the Performances corn-
:toe:lce at Seven.—Drese Boxes 75., Second Price 35. 6d. ;
First and Second Circles bs., Second Price 9.5. 6d. ; Pit 3s,
Second Price Is. ; Gallery Is.
Tickets *lnt Places for the Boxes to be taken of Mr. Whit-
bsw. at the Box-office, from Ten till Four, where Season
Tickets may be had.,
Private Bores to be had at the Box-office ; of Messrs. An-
drews, 167; New B ,nd -street ; Mr. Mitchell, Olel Bond-street;
and of Mr. Szies, Pall Mall.

THEATRE ROYAL„thELPHI.
THIS EVENING, OCT. 14,

W, presented a Drama, by Douglas Jerrold, Esq., en-
titled T P... HAZARD OF THE DIE. Principal Characters
by Messrs. Lyon, O. Smith, Maynard, H. Beverly, Wright,
Paul Bedfird,, Wilkinson, Mrs. H. Cleverly, and Miss Chaplin.
After which, TILE DAUGHTER OF"f HE DANUBE.
The Imp, Mr. Wieland ; Jeunegarde, Mdme. Proche Giubilei,
T 6 which will be added the OWL SISTERS; or,
tile II A usT ED 'ABBEY RUINS. Principal Characters by
L;riii, 0. Smith, H. Beverly, Craven, Wilkinson,
-Frampton, Miss Faucit, Mits. Chaplin, and Mrs.
II P. Gra.tiou.

To ,oNtlude with NORIIA. Pollio, Mts. H. P. Grattan ;
Norma, Mr, Paul Bedford ; Adalgisa. Mr. Wright.
; Pit, 2.3. ; Gallery, Is. Doors open at half-past
sit, ei,a;int,ti,-.c at. Eeven

DA VIDGE.'S ROYAL SURREY THEATRE.
C,nthuation thc Nautical Dramas, in consequence of the
~veriloxs attracted by the heart-stirring acting of
Air. T. P. c,l,•,tinicrilv acknowleaged Sailor on the Stage.
THIS EVENItiG, OCTOBER 14,

i. acted Mr. ibert S:i.ith's new 'Drama, called
HE II ERIOT. ‘shich has met with most decided

}ti.a

P1.1,C,5. NeviAe A tidely. Mr. ii. Hughes ; Hugh Laneret,
r. N. T. Hicks; Herrick Eieudem, Mr. J. Webster; Blanche

H(;I %, 'd

R. -11.,11

_
tier 7,1110,, MY POLL A4P MY PARTNER JOE.
v 1-liiliverd, Mr. 'l'. P. Co,.);:e; Jo. Tiller, Mr. R. [lonizer;
Mari Nlrs. R. Homer.