The Sun.
London, England, 1845-02-03 00:00:00

in number, are healthy, useful, well-disposed, and 'wilt
know as much as we are able to teach them ; so that,
altogether, I consider myself a happy and fortunate man,
and mean to continue in that belief as long as possible.

sudden taking away of two-thirds of the whole expendi-
ture of the colony should have this effect, but it is so.
The men, induced to come out by too highly coloured
representations,disorderly, discontented,and riotous, took
the Company's work as a matter of necessity, but only as
an instalment of what they had a right to expect, disliked
it, and did it badly ; private colonists, with their small
means, could not afford, as one of them expressed it, to
sou, shillings and reap pence; and the Company's agent,
divided between the claims of the labourers and the re-
presentations of the colonists, who, by the bye, were too
few and too poor to employ one-sixth part of the dis-
posable labour, could do nothing effectual. All parties
agreed this state of things must come to an end, and the
sooner the better. If the Company should resume its
operations here, the system must be entirely changed.
The work hitherto done might have been better done by
contract or piece work, for one-fourth of the money.
Whilst I got some ditching done by men who had no
claim on the Company at 4d. per yard (and they earned
30e. per week), some similar work cost them between
2s. and 2s. 6d. But at your price, said their agent, the
weavers, watchmekers, &c.,would be starved. Granted.
But the Company have made two sets of agreements ;
one with the land purchasers, to render the colony
"safe, commodious, and attractive," with the money paid
them, and are therefore bound to lay it out for them to
the best advantage ; another with the labourers, to find
them constant work at good wages, and they break the
spirit of their first agreement, to partially carry out their
second, when they do their work with inefficint instru-
ments. The Company in this Nelson Colony has com-
mitted two great errors. It published to the world that
it would be founded by a body of capitalists, prepared to
emigrate ; by not recalling that announcement when it
found the parties draw back from their engagements, it
countenanced, and became a party to a fraud on all who
came out on the strength of that representation. This
was the first and great error With a good body of em-
ployers of labour to begin with, their property here
would have by this time doubled, nay, trebled, in value.
The land was unoccupied, the natives few and well-dis-
posed ; the settlers addicted to cultivation, and not to
speculation ; and the soil, though very various, of good
average fertility, some most excellent ; AND THE
CLIMATE EVERYWHERE GOOD AND HEALTHY, HERE
MOST HEAVENLY. It has neither the rains of Auck-
land, nor the winds of Wellington ; THE COOL NIGHTS
BRACE THE BODY IN SLEEP, AND ITS FINE CLEAR
WARM DAYS, AND EXHILARATING AIR, KEEP UP THE
SPIRITS, AND " MARE THE BODY'S LORD SIT LIGHTLY
ON HIS THRONE." IT IS A COUNTRY TO ENJOY
LIFE IN, EVEN ON A CRUST AND A GLASS OF
WATER. The second great mistake was making
a scheme without reference to the size of the
place to be selected. Instead of cutting their coat
to their cloth, they ordered a cloak, and bought
stuff for a waistcoat. The scheme is one half too large.
If the ballot-box bad been emptied, as they wished, one-
half the purchasers at least would have been robbed of
their money, for one-half the tickets are blanks, at all
events, as regards the town and suburban lands. The
town here can only be an outlet for the produce, and a
storehouse for the wants of the country ; and one-half of
it will never be used but for market-gardening. In
order to procure land to the extent required by the
scheme, barren hills, mud-flats, requiring great outlay,
valleys inundated in the winter, and square miles covered
with stone and shingle, have been surveyed and given
out. Before the agent here allowed of exchanges (in
opposition to the orders from home), parties came,
looked at their land, declared that they had been robbed
and swindled out of their money, and went away again.
One gentleman, a Mr. Withers, offered his accommo-
dation section for 51., and was told by a surveyor, that
unless there should arise a demand for macadamised
stone, he would not give ss. for it. fie left in disgust to
visit the south ; on his return an exchange was offered,
and he will be a valuable settler.
The present state of the scheme is as follows :—Of
1,100 sections 100 are sold to parties out here, of which
about 40 are occupied, and more or less under cultiva-
tion ; the remainder being unoccupied, from their posi-
tion, soil, or want of means in their owners (owing to
the judicious conduct of Col. Wakefield in the present
emergency, the two first reasons are done away with by
exchanges) ; about 280 sections held by absentees,
almost all untenanted ; 100 held by the Company as
proprietors, in the same condition ; 100 reserved for the
Maories, wholly untouched ; and about 500 unsold in
the wheel at home. The 40 occupied sections are dotted
all over the face of the country 3 the communications
are imperfect, diffieult, and expensive. The rivers re-
quire bridging over, the roads completing, and the price
of carriage, from the paucity of settlers, and their dis-
tance apart, is excessive. I myself am surrounded by a
belt of land (native reserves, and unsold sections) which
prevents any other settler from coming near me, how-
ever much he may desire it ; and had exchanges been
permitted at the time I settled, I would gladly have Ea-
, crificed some of the finest land in the colony for some
much inferior in soil and beauty of situation, to gain
the advantages of scciety, easy access to markets, and
mutual assistance and protection. Thus, to speak in
modern phraseology, capital has not come out in pro-
portion to labour and land, and actual settlers, instead
of being concentrated, have been spread over the land
far and wide by the ballot-box. Now, the general feel-
ing here is, that the New Zealand Company's Directory
is composed of honourable men, whose motives in coming
together have been somewhat higher than those of mere
personal advantage ; who, if they can be convinced of
error, would not hesitate to alter their course ; and the
following remedies have been proposed.
1. To burn the ballot-box. Carried by acclamation.
In twenty-four hours after my arrival here, I said to
Captain Wakefield, the agent, 1 find I have committed
one great error. " What is that?" said he. " I have
put my hand in the ballot-box." He laughed, and said,
"It is quite true, it is a mistake ; but now I do not see
how it can be obviated."
2. To promote the concentration of the settlers by all
possible means ; by exchanges, sales, &c. To effect
this with regard to actual settlers, a plan has been pro-
posed, as follows :—Each Proprietor has paid 300/., for
which he has received one town acre, 50 suburban acres,
and, when they shall have keen obtained and surveyed,
150 rural acres. Let the town acre be valued at 501.,
the 50 suburban at 100/., the 150 rural at 1501.—altoge-
ther 3001. Let whatever land is still unsold be for sale
by auction, at these upset prices, to actual colonists and
proprietors, and let their land orders betaken as cash
at the valuation before fixed. Thus, supposing I wanted
to purchase, in addition to my 50 acres, two other sec-
tions adjoining, of 50 acres each, they would be put up
at the upset price of 200/. If they sold at 220/. I should
give my land order for one acre, and rural choice of 1.50
acres at 200/. and 20/. in cash. A plan of this kind
would benefit the absentee proprietors, who, in selling
their land, would sell a choice of all that was not dis-
posed of, and would benefit holders of land by promoting
the emigration of settlers; but its immediate result would
be to re-assure the few resident colonists, and give a new
impetus to cultivation. If, in addition to this, the Company
should resume operations, its work should all be done by
contract, and only in such quantities as not seriously to
affect the price of labour, until the colony has got produce
to export ; and lastly, although I have my doubts about
this, a prudent advance of money on loan is much wanted ;
for I do not suppose any settlement was ever founded
with so small an amount of private capital as this has
been. As to the accessary portions of the scheme, such
as the fund for founding a college, steam navigation, Ste.,
they are all good in their place, but at present we want
common schools and cheap modes of commerce. We
must have bread first, and hope for plum pudding after-
wards. I have thus, my dear Sir, at some length, al-
though as concisely as I was able to do, given you some
account of our past and present state, as respects
the Goverament and Company, as well as what I have
reason to think would prove of great future benefit,
and I only hope you will accept it as an
earnest of my desire to do what may prove agreeable to
you, whom I have so many reasons to wish to please in
return for the obligations I have received at your hands,
and so with our united kind regards to Mrs. Robins, and
best wishes for the health and welfare of your family,
believe me, my dear Sir, very faithfully yours,
Sept. 10, 1844. J. D. GREENWOOD.
P.S. The Commissioner for Land Claims, Mr. Spain,
has arrived in Nelson, and decided all claims here, ex-
cepting those for Massacre Bay and the Wairoo. He
tells me his report is ready on the Company's claims to
the rands at Wellington, but that unless the Governor
gives way, and confirms his award on the New Plymouth
claims, he shall resign, and at once return to England.
He is to meet the Governor at Now Plymouth in about
a month.
In writing thislongletterl find 'have said nothing of our
future prospects, or the inducements this country holds
Out TO THE INTENDING EMIGRANT. As REGARDS
CLIMATE AND HEALTHINESS, I KNOW NONE COM-
PARABLE TO IT. In my district, containing more
than three hundred souls, in the last twelve months,
three adults have died from accidents, and one infant
suddenly, but not one from disease. As to fertility of
soil, there is enough of first rate quality for all who may
come out for years, provided they choose for themselves,
and keep their hands out of the ballot-box. When the
lands of first-rate quality are occupied, the second rate
lands will naturally rise in value. Agriculture and cattle
breeding must be the main dependence of the colony,
till the flax has established its reputation. No one should
come out to farm with less than from 1,200/. to 1,500/., and
2,0001. would be better. With 150/. per annum, a person
may live in comfort. My expenses are 751., but I
brought out a good stock of clothing. There are many ways
in which 3001. or 400/. might be invested to very good
advantage, but at present I only see two pursuits, be-
sides farming, which would pay on a larger scale. The
curing of provisions and fish, and brewing. An expe-
rienced brewer said to me the other day, " WHY, SIR,
YOU MAY BREW HERE ALL THE YEAR ROUND, AND
EIGHT MONTHS OUT OF THE TWELVE EQUAL TO
OCTOBER. THEY CANNOT BREW AT ALL IN SYDNEY,
and but indifferently in Van Diemen's Land, and
you have the Indian and China markets within
six weeks' sail, and ships sailing there from hero
in ballast, and you have neither malt-tax nor hop duty.
IT IS A BREWER'S PARADISE." My next neighbour grew
last year 56 bushels of Cape barley to the acre, and a
Kentish man, who had a dozen hop plants, told me that
one year here bad done as much for them as two years
would have done in England. (In fact, hop plants and
best malting barley for seed would pay to bring from
England.) There has been ono little brewery esta-
blished already, about six months ago, with malt-house,
&c. It has begun to export to Sydney and Wellington,
and the last consignments of ale and porter here are un-
saleable.
cleierh
eativ have
about
tt
smixyaeselrfeas hofouse (all but the chimneyaVaanyde
athceow stattendormaye fipniagn' andwaood and flax land. I have
t fenced in, so that
0 ancesseemolabentlerlahbalyvew, ehllocwaelcruelra,tedtht;
cwoimthfoourtt
ethfethaliddingf
I haveexpnecotted n °
expended any money fool-
ishly, which I hardly
new
machinery,eb
Itn situation,,ewith. :
unless my waiting in Nelson, for the
may, be so considered ; I am free from d
the blessing of God, and the invaluable aid of my dear
little wife, mean to continue so. Vas chuum, eight

granted the defendant fourteen days' time to plead,
with the understanding that if the Court was, at the
expiration of that time, satisfied that with due dili-
gence the pleas could not have been prepared, an ap-
plication for further time might be made.
The order of the Court was then formally made,
and the proceedings terminated. The Court was
crowded with auditors anxious to hear the result.

LAW INTELLIGENCE.
COURT OF QUEEYS BENCH, Feb. 1.
(Sittings after Term.)
The Court took the special paper to-day.

BAIL COURT, Feb. 1.
HAIGII V. POWELL.
The plaintiff in this case sought to recover compensa-
tion in damages for an injury he had sustained by fall-
ing down a hole, which bad been carelessly and negli-
gently left open by the defendant. The defendant ad-
mitted his liability to the present action, and paid 501.
into Court, as a sufficient compensation to the plaintiff.
It appeared from the evidence of the plaintiff's witnesses,
that he is a hosier, carrying on his business in the neigh-
bourhood of Covent-garden, and that the defendant was
the proprietor of a temporary theatre, erected at Green-
wich, and that the plaintiff had fallen down a hole
close to it, which had been carelessly left open by the
defendant, and had broken his leg. One of the plaintiff's
witnesses stated, that he (the plaintiff) was the only man
in England who could make what were termed among
theatrical personages " fleshings" which gave an apparent
symmetry to the shape of the legs of those whose unfor-
tunate defects in that particular required " the foreign
aid of ornament," and that his artistical talents were
consequently in great request, not only among members
of the theatrical profession, but the nobility and public
in general.
Mr. Justice WILLIAMS inquired whether the plaintiff
manufactured false legs ?
Mr. HUMFP.EY explained that the plaintiff's talents
were limited to the manufactory of false calves.—(Loud
laughter.) The witness furiher stated that he considered
the plaintiff had, by his absence from business, in conse-
quence of the above accident, sustained a loss of not less
than 150/.
The jury returned a verdict for the plaintiff—Damages,
701., being 201. more than the amount paid into Court.

POLICE INTELLIGENCE.
QUEEN• SQUARE.

EXTRAORDINARY SCENT.—On Saturday, as the ma-
gistrate was about retiring, Miss Elizabah Osborn, a
tashionably-attired female, of about thirty-five years of
age, who gave her address Earl's-court, Brompton, and
represented herself to be the daughter of Sir John Os-
born, was placed at the bar, charged with stealing a pot
of potted meat from the shop of Mr. Edward Allure,
oil and Italian warehouseman, Brompton.
J. Russell, shopman to the prosecutor, stated that at
a little after three o'clock that afternoon he was serving
a person in his master's shop, when he was attracted by
the hurried manner in which the prisoner, who was
being waited upon by another person, spoke. He saw
her take up ono of the pots of meat from a little stand on
' the counter, and then it appeared to him that she put it
under her shawl. A boy, who was then in the shop
being served, informed him that he had seen the prisoner
take the pot, and witness, oa examination of the pots,
missed one from the number. Prisoner having paid
for a small piece of soap she had bought, left the shop.
Witness followed her, and after she had proceeded
about thirty yards, asked her if she had paid for that
pot of meat. At hat moment she had a pot of meat in
her hand, and said at first that she had purchased it at
Archbutt's, and then at Gunter's. She then gave wit-
ness the pot she held in her hand, which was a pot of
tongue, whilst that she had taken from prosecutor was
either a pot of beef or of game. He asked her whether
she had any objection to accompany him to either Arch-
butt's or Gunter's, when she replied that she had not.
Witness and the prisoner then went towards Mr.
Gunter's, and on arriving in Sloane-street, at the very
moment she was crossing a grating, prisoner dropped a
pot on the grating ; it broke, and some of it went clown
the grating. Witness picked up all that he could, and
found it was a pot of beef, and se marked on the
outside, with also the maker's initials. Witness then
asked her if she had any more of them, and if so,
not to drop them. Prisoner then took one from under
her arm, and said she had purchased it, and then
immediately afterwards that a lady had given it
to her at Fulham ; that was a pot of game. They then
went to Gunter's, where witness ascertained that she
had purchased one pot of meat, but as she had the other
he detained her. Prisoner then said she would pay him
for all the pots, if he would let her go, and she then said
she would give him three times the value. He, however,
refused to let her go, and sent for a policeman. During
the time they were waiting for him, prisoner amused
herself by tearing the covers off a ream or half a ream of
note paper, which witness picked up. She was given
into custody; and, on her way to the station, tore up
some of the ream of paper, three or four sheets at a time.
Some rice and groats were found on her person, which
she said she had bought at Archbutt's. Ho found, on
part of the covers of the paper which he had picked up,
" 179, Sloane-street." Prisoner said she bought the
tracts, four of which were also found upon her, at that
address ; but she did not say much about the paper. The
pot prisoner purchased at Gunter's was tongue. The
maker of Gunter's was the same who made for the
prosecutor.
Thomas Gosmer, a lad about 15 or 16 years of age,
said ho lived with Mr. Edwin Faulkincr, 3, Edward-
street, Knightsbridge. Witness was at Mr. Allum's at
a little after three that afternoon, when he saw the
isoner take a pot of meat and place it under her shawl.
Witness told the young man.
Thomas Rowland, 135 B, said that he took the prisoner
at Gunter's door, in Matcombe-street. Prisoner said she
would pay for the pots, and then there would be nothing
more for witness to do with it. She started with witness
to the station, when she offered him half a sovereign to
let her go. Witness replied that be could not, if she
gave him 1,0001. Prisoner then said that if he would let
her go she would give him her address, and he could
call, and she would give him much more than she had
said. She tore up some blank paper as she went along.
She was searched at the station by a female, and nearly
half a ream of note paper, half a pound of rice, a packet
of groats, half a pound of soap, and a purse with half a
sovereign and four shillings were found upon her, be-
sides some religious tracts.
The accused attempted to leave the dock, and on being
informed by the magistrate that he was most desirous to
hear any answer that she had to make to the charge,
Miss Osborn handed a note to the magistrate, observing,
" You will be kind enough to look at the address on this
note which I received this morning from a friend. I
merely produce it to show that I am the person I repre-
sent myself to be." The lady then stated that when she
came out f the prosecutor's shop, into which ste went,
as she had been in the habit of doing, to make a trifling
purchase, the shopman followed her and asked her if she
had got a pot of tongue, and not, as he had stated in
his evidence, a pot of meat. She replied she had bought
it at Gunter's, which was the fact. She had been in the
habit of making purchases at Archbutt's, Gunter's, and
other places in the neighbourhood, and had bought some
of the things found upon her at those places; the rest she
had brought from home with her that day, as she was about
to take them somewhere. A s regarded dropping the pot,
she assured the magistrate it was entirely acculeatal ; and,
with reference to making am offir to the shopman to pay for
the pots, it was, of course, a most disagreeable affair,
which she was much annoyed at. She was entirely
innocent ; there was nothing proved against her, as the
shopman evidently did not know his own pots, they being
all alike. The lady, after a slight pause, continued, and
observed that she had brought the potted meats from her
own house that day, and the paper she had purchased,
she believed, at Murray's. This, as also the former por-
tion of her defence, was given in a very incoherent
manner.
Mr. BURRELL asked her if she had any witnesses to
call ?—The lady replied in the negative.
Mr. BURRELL intimated that she must be remanded.
Prisoner exclaimed, Remanded !"
Mr. BURRELL repeated the observation.
Miss Osborn—l bought the things. The shopman
can't prove anything against me.
Mr. BURRELL—He does to a certain extent.
Prisoner—l am Miss Osborn; of course you will allow
me to go home.
Mr. BURRELL.---I cannot ; I really cannot.
Prisoner—l have had potted meat and other things at
my own house for some time. My servants can prove it.
Mr. BURRELL—Have you any one here who can prove
where you bought them? Prisoner—l purchased them
some time ago at some of the places I have mentioned.
You will, of course, Mr. Burrell, permit me to return to
my family. I am Sir John Osborn's daughter. Perhaps
you will come and see him in the course of a few days.
Mr. BURRELL—I cannot ; I must do my duty.
Prisoner—You must take me home. My father will
come and take me away. He'll not allow this.
Mr. Bnitneeis—You must be remanded on this charge.
Prisoner—lf I am not to go home, Mr. Burrell, where
am I to go ?
Mr. BURRELL—You must go to prison. I must do my
duty. It is painful—most painful—but I must do my duty.
Prisoner—You must come home with me and see my

:COURT OF EXCHEQUER, Feb. 1.
(Sittings at Nisi Prius, before the LORD CHIEF BARON
and Common Juries.)
The Court disposed of two or three undefended causes,
and then proceeded to the trial of an action of " Ma-
chell r. Ellis," the facts of which were not of a nature to
be published.

LORD MAYOR'S COURT, Feb. 1.
(Before the RECORDER, &c.)
THE CORPORATION PROCEEDINGS AGAINST THE NON-
FREEMEN—THE CHAMBERLAIN OF LONDON V. STURT.
This was an action brought against the defendant, a
highly respectable wholesale dealer in the City, by the
Chamberlain, for and on behalf of the Corporation of
the City of London, to recover certain penalties in-
curred by the defendant by reason of the violation of
the bye dews and customs of London, in carrying on
his trade or business of a wholesale dealer within the
City, he not being a freeman. The case is one of ,
manyactions instituted by the Civic authorities against
a numerous body of non-freemen, and the greatest
anxiety as to the result necessarily prevails. It will,
however, be seen by the subjoined report, that this
day's proceedings in the cause were only of an initia-
tive character, but still possessing abundant interest
to the many parties concerned.
Mr. RANDALL moved, on behalf of the defendant,
for a month's time to plead to the declaration. The
cause was one of vast importance, involving many in-
tricate points of law, which called for, and required,
grave consideration. It was well known that the
Corporation had long contemplated these proceedings,
and that being so it was not too much for the de-
fendant to ask for a reasonable time to prepare his
defence. An understanding had been come to between
the respectable gentleman to whom the defence had
been confided and the City Solicitor that every
reasonable facility should be afforded in order that
the question should be tried on its true merits, and
he submitted that this could not be done unless the

time to plead he prayed was granted. The Learned
Counsel added, that the declaration had not been filed

until the 13th'ult.
Mr. RYLAND, who, with Mr. Laurie, appeared on
behalf of the plaintiff, at once opposed the motion.
The RECORDER inquired the date of the bye-law
upon which the declaration was framed.
Mr. LAURIE replied that it was dated the lith
April, in the 4th year of the reign of James I.
The RECORDER (to Mr. Randall)—And you think
that, as the Corporation have had about 240 years to
prepare to bring this action, you ought at least to
have a month's time to plead to it ?--(Laughter.)
Mr. RANDALL repeated that the Corporation had
possessed every facility to prepare, and that as yet
the defendant had not been allowed sufficient. time to
place the question fully and fairly before the Court.
Mr. RYLAND stated, on the part of the plaintiff,
that he was only anxious that everything connected
with the question should be brought before the Court
in the most open manner, and that it was with that
object that he and his Learned Friend (Mr. Laurie)
now appeared to take the opinion of the Court as to
the propriety of granting the request now made on
behalf of the defendant.
The RECORDER inquired whether the declaration in
this action differed from those which had been pro-
ceeded upon against the retail dealers ?
Mr. RANDALL— There are matters alluded to in
this declaration which required much grave con-

sideration.
The RECORDER—I am informed that this declara-
tion contains a count which is framed on a different
form from the declaration filed against the retail

dealers.
Mr. RANDALL--I am not aware that such is the
Case.
The RECORDER—It appears to me that in this re-
spect the form of this declaration differs from its
predecessors.
Mr. RYLAND said that he, on behalf of the plaintiff,
should not object to time being granted to the defen-
dant to plead if the Court should so think fit, pro-
vided that his Learned Friend (Mr. Randall) would
give an undertaking not to move the cause by cer-
tiorari into the Court of Queen's Bench until after
verdict—a step- which could only lead to vast delay
and great expense ; for, like the case of Clarke v.
Denton, it would be sent back by writ of procedendo,
to be tried by the jurisdiction before which it now
stood.
Mr. RANDALL replied that he was not in a situa-
tion to give the undertaking required, inasmuch as
he was not aware what view the common law counsel
who advised Mr. Sturt might take in the matter.
He must repeat that he only sought to be allowed
such reasonable time as to be enabled by the pleas
fairly to raise the question before the Court.
Mr. RYLAND said that the Corporation authorities
did not object to grant a reasonable time, provided an
undertaking was given that unnecessary delay should
be avoided. In a fortnight's time, when the Court
would sit again, the defendant would surely be in a
position to sky whether be would give the under-
taking or resist the imposition of any terms. It should
not be lost sight of that the time to plead expired
on the 19th of last month, and that on the application
of the defendant time had been granted by
_the law
officers of the City until the 29th ult.
The RECORDER said he was not disposed to take
away, or interfere with, the right of the defendant in
any stage of the case to carry the proceedings of the
Court for review before a superior jurisdiction. On
inquiry, he found that the case, Clarke v. Denton,
which had been referred to, differed from the case
now under consideration, inasmuch as the declaration
here sought by the introduction of a new count to
recover a penalty from the defendant for carrying on
the business or trade of a warehouseman. Under
these circumstances, he (the Recorder) was inclined
to give to the defendant further time to plead, but
not to the extent demanded. The pleas ought to be
filed on or before the next sitting of 'the Court.
The CITY Some ton (Mr. C. Pearson) remarked
that the Court would resume its sittings that day
fortnight.
The RECORDER.—Then, that will give the defen-
dant fourteen days to plead, reserving liberty to
move the Court for a further extension of time.
Mr. RANDALL remarked that fourteen days would
not afford a sufficient time for settling the pleas ne-
cessary to bring the question properly before the
Court. He had not seen any other of the counsel
engaged in the matter, and unless a longer period was
allowed, he feared he should, at the expiration of the
time, be compelled to submit a second motion to the
Court.
The RECORDER intimated to the Learned Counsel
that if he did so he must be prepared to satisfy the
Court that the defendant's pleader had not been
allowed sufficient time to deal with this declaration.
He (the Recorder) did not think there was anything
in the declaration which would require very special
pleas.
Mr. RANDALL observed that such might be the
fact, but Mr. Kelly, who had been retained to conduct
the defence, could not, with his multifarious avoca-
tions, give that consideration to the matter which it
demanded before the next Court day.
The RECORDER hinted that it would form no part
of Mr. Kelly's duty to prepare the pleas, and it was
almost a libel upon the pleaders of the Inner Temple
to say that in fourteen days they could not prepare
pleas to this declaration.
Mr. RANDALL urged upon the Court that he was
at a loss to understand why this cause should be so
pressed, when it could not be questioned that the
trading sought to be invaded had been carried on in
the City of London for nearly, or more, than a century.
Mr. RYLAND, in reply, stated that it was of the
utmost importance that the question raised should be
set at rest with as little delay as was consistent with
the interests of the parties concerned. The ward-
mote inquests had presented about 1,000 non-
freemen carrying on business within the City, and of
these 999 were awaiting the issue of the proceedings in
this cause. With these observations he left the mat-
ter in the hands of the Court, willing, as those by
whom he was instructed were, that the defendant
should have an opportunity of availing himself of ictle
best legal assistance.
Wll°-BZCORDIRe after eome defillltOrT vouvostitico,

father.
Mr. BURRELL repeated his last observation, and the
lady was removed from the dock crying, and imploring 1
the magistrate to release her.
She stands remanded until Thursday next.
Tho prisoner, who was much excited, was accommo-
dated with pen and ink, and addressed a note to Lady
Osborn and to a female friend, which she requested
might be immediately conveyed.
She was then removed to Tothill-fields in the prison van.
LAMBETH.
On Saturday John Campbell, alias Wright, who has
been in custody for a week on suspicion of having caused
the death of his mother, and also with attempting
to commit suicide, was brought before Mr. Henry for ,
final examination.
Police-constable Samuel Chart, L 14, informed Mr.
henry that the jury empanelled to investigate the cause
of death, had returned a verdict to the effect that the
deceased had died from the effects of a rupture of a blood
vessel in the brain, occasioned by a fall while in a state
of intoxication, and not from any violence ; and the
coroner and jury were of opinion that there was no
blame attributable to the prisoner, or any other person.
Mr. HENRY, on hearing this, observed that the unfor-
tunate affair was entirely attributable to intoxication ;
and the prisoner had *rested the whole of the suspicion
against him by his exclamations, and his attempt to com-
mit suicide. Ho (Mr. Henry), however, hoped that the
circumstance would be a warning to the prisoner for the
remainder of his life, and that it would at least teach him
to keep sober.
The prisoner promised it should, and was discharged,
MARLBOROUGH-STREET.
On Friday a summons of vast importance to the chims
ney-sweeping world was heard against Robert Tomzez,
of Adam's-mews, for having " wilfully and knowingly
permitted and caused one Jim Graham to climb a
chimney, at the residence of Earl Grey, in Berkeley-
square, against the statute made and provided, whereby
a penalty of 1001., or not less than 51, had been incurred."
'The office of judge was in this instance promoted by
Davis, of Hart-street, an ex-chimney-climber, who pro-
posed to be actuated in what he was about by the purest
public motives, and because, as ho said in the avenue of
the court, " As Bob Towzer warnt no regular sweep,
and never know'd vot the hinside of a flue vos made on; cos
as how he vos only Colonel Beaumont's butler once ;
and cos he disgraced the perfession by going out in vito
kid gloves to vait at noblemen and gentlemen's artemoon
marry's."
Having entered the witness-box, Davis began—On
Vensday, the Bth of Jennyverry, I seed Jim Graham a
coming down Brook-street, vith his bag. Hullo Jimmy,
sis I, you've been a climbing agin. Spose I has, says he,
vot can you make on it, ? Vy, sis I, it's agin the hart,
and it's that their stunning Bob Towzer vots been a wio
lilting on it, just as he's done often afore.
1 The chief clerk here interposed, and said that Gra-
ham's evidence could only be received.
James Graham, a stunted lad of 15, came forward.
Mr. HARDWICK—WeII, what do you know about this?
Boy—Mister Towzer sent me to climb Earl Grey's chim-
bly, in Barkly-skavre.
Mr. HARDWICK—Did he pay you an ? Boy—
ne agreed to pay me sixpence a chimbly, and I vent up
six on 'em that morning ; but he only offered me two
shillings, consekvently he vented to rank me out of a
bob, and I'd a jest right to split on him.
The defendant stoutly denied allknowledge of the boy.
He had heard that his journeyman had got the boy to
tiksist him with the machine, and had paid him for his
labour out of his own pocket.
The boy as stoutly affirmed that be had been engaged
by the defendant in person--that he had done nothing
but climb—that he had be= paid by the defeadaut, sod

E SUN, LONDON, MONDAY MORNING, FEBRUARY 3 1845

that whenever he was wanted the defendant used to send
for him to sleep the overnight at his place.
To rebut this the defendant called his journeyman, who
swore that all as hever Jim Graham did vos to stand on
the grate and vork the handle of the tool about, arter it
vos shoved up the flue."
Mr. HARDWICK—WeII, boy, what do you say to that?
Boy—Say, vy as he knows as the machine vos all gam-
mon. I climbed slap up to the top, and the housekeepers
knows it.
The " public prosecutor" here poked forward his
smutty face, and with the good natured purpose of giving
old Tower another " leg up," handed in a paper.
" There, your vership," said he, " there's a list of the
chimblys vot this here boy's been up. There's the
Harchbishop of York's, Ginneral Meade's, the Duke of
Hamilton's, and a precious lot more of sitch."
This piece of evidence appeared to take tke defendant
rather aback. He, however, persisted in saying that
the boy had only been employed by the journeyman,
without his knowledge. He admitted, however, that he
had recently been summoned to Marylebone
court, but there the case was dismissed, on account of
insufficient evidence.
Mr. HARDWICK sent to inquire of Lord Grey's house-
keeper, whether the boy had been up the chimney.
The reply was, that the housekeeper could give no in-
formation on the subject.
The boy's father proved that the defendant had paid
the boy two shillings, and had come for him in persun
to engage him to do some chimney work.
Mr. HARDWICK was of opinion that a case of climb-
ing had been sufficiently established. The boy could
have no motive in swearing to so many specific acts,
while the defendant was interested in steering clear of
the penalty which the law affixed to climbing. It ap-
peared to him that the defendant had attempted to evade
the law by making it appear that the boy had been em-
ployed by the journeyman, but as this was evidently a
mere subterfuge, he should inflict the mitigated fine ot
51. and costs.
James Whitbread, a well-dressed youth, was com-
mitted for trial on the following charge :
A barman in the employ of Mr. John Thompson, of
No. 381, Oxford-street, licensed victualler, was, about
nine o'clock on Friday evening, proceeding along Crown-
street, Seven Dials, with a dozen of wine in a basket.
when the prisoner came behind him, and very adroitly
took out one of the bottle . The barman, feeling his
load suddenly lightened, turned round, and saw the
prisoner with the bottle in his hand ; finding he was
I detected, he dished the wine against a post, and broke
he bottle. The prisoner made no defence.
CLERKEN W ELL. _ _ _

Jane M ahony was brought up on a cliarge of stabbing
Joh. Nrahony, her husband, a mechanic, living in Tin-
dal's buildings, Gray's Inn lane.
The prosecutor, who had several cuts on his face, and
a severe one on his hand, deposed that on the previous
night, his wife coming home much intoxicated, he remon-
strated with her ; she seemed to bear his remonstrance
very patiently, and sat down quietly at the fire, but sucl-
denly starting up. she knocked him down and kicked him.
He rose, when she ran for a chisel, which lay upon a
table, and aimed a desperate blow at his face, which he
guarded off, seized the weapon, and with much difficulty
wrested it from her. She then seized a knife, and made
a thrust at him,which he parried off, but a second plunge
buried the point of the knife in his hand, which he placed
to guard his chest. He escaped out of the room crying
" murder," and she wreaked her fury upon the furniture,
keying smashed to atoms every single thing in the place.
The virago having no answer to make, was committed.