The Sun.
London, England, 1842-03-04 00:00:00

SPIRIT of the PUBLIC JOURNALS.

FROM TEE EVENING PAPERS OF YESTERDAY.
GLOBE.— The -appointment of Inspectors, whose duty
it is to visit and examine the state of the different pri-
sons of the kingdom, and to report the result of their ob-
servations and inquiries, formed a part of the plan by
Which the late Government proposed to equalize the
punishment of criminals sentenced to imprisonment,
and to render the discipline of gaols subservient
to the great purpose of reforming their prisoners.
The periodical reports of the Prison Inspectors,
which have been published by order of -the House
of Commons, prove how much the visits of officers im-
mediately responsible to and in constant communication
with the Government, were required. It was scarcely
credible that—after so much had been said and done
within the walls of Parliament for the . improvement
of criminal prisons, and . by philanthropists who
made prison discipline the object of their special study
and constant aim—these objects, after so much care,
should have been found so far from what they ought to
be,'whether the designs of their institution be considered
subjectsof their dis-
Nesiiptlhiner,eoferretnocetnteo
itnhtee
rue unhappy
society. If a' criminal
sentenced to imprisonment is ever to be liberated,
and again permitted to mix in society, it is
obvious that nothing should be done, and least of all
done on purpose, to make him a worse member of
society morally or physically, than when he was com-
mitted to prison. For a long series of years this obvious
truth was almost wholly disregarded. Because punish-
ment was inflicted in prisons, it was supposed that pri-
sons were only provided. for the infliction of punish-
ment. The means were therefore, it must be con-
fessed, adapted to the end. In many instances the
health of the prisoners became seriously, if not
incurably, affected by the filthy and. crowded state
of the wards and cells into which they were thrust. In
other casts, the want of employment and the absence
of classification, confirmed habits of idleness,. the in-
dulgence of which had, been the precursor of crime.
By bringing the juvenile offender into contact with the
more expert and confirmed depredator, the latent prin-
ciples of virtue were eradicated, and he was returned to
society more hardened and depraved than when he .was
committed to prison. Hence the considerate por •
tion of the public became. indisposed to prosecute the
young 'offender against honesty. They shrunk froth
the idea of converting a petty offender into a hardened
villain, or the visiting of a youthful failing with loath-
someness and disease. Thus criminals escaped, and
impunity encouraged crime,which spread its baneful influ-
ence through society. Were prisons properly managed
—were the reformation and punishment of criminals
provided for—and the public satisfied that such are the
objects sought and reasonably secured—instead of any
disinclination being felt, the laws will be put in execu-
tion against the offenders, from a conviction that to
arrest tie progress of the criminal is not merely a benefit
to society, but a blessing to himself.
STANDARD.—Two amendments to the Ministerial
propoSition of the Corn-laws were offered to the House
of Commons. The first, which suggested an altera-
tion of the terms of the sliding scale, was introduced
by Mr. E. Buller in a speech of some length, in which
the Honourable Gentleman. recommended his plan as
compromise that was to. givg general satisfaction.
It was opposed by Sir Robert' Peel on the ground
that he had held out no encouragement, to further com-
promise, and, as little likea-y to be so universally satisfac-
tory as the mover thought ; and the event curiously
verified the Right Hon. Baronet's prediction, for Mr. E.
Buller could not find on either side a single member to
second his proposition, which acccordingly fell to the
ground. The second amendment was offered by Mr.
Hastie ; it proposed the admission annually of a
million quarters of wheat at a shilling duty, the prefer-
ence to be given to the earliest arrivals. Sir Robert Peel
bestowed some pleasantry upon the race for eorn ships
that would be thus institute, and remarked upon the
undue advantages that it would give to Rotterdam,
Antwerp, and the other nearer ports. Mr. Hastie
then withdrew his motion; but not until the expo-
sure of its necessary effect had produted " a little
mirth. The motion was, no doubt, an absurd one ; but
its objects, and •the arguments by which Mr. Hastie
supported it, suggest some useful. considerations.
The object is to secure at all times a suf-
ficient supply of foreign corn in the country
in aid of the domestic supply ; and this supplemen-
tary supply Mr. Hastie estimates at a million of
quarters, by insuring which the manifold evilS of large
purchases abroad would be obviated. These evils, in
relation to the.. exchange and, the currency, Mr.
Hastie described very forcibly, and' as we think very
truly. It might, however, have . occurred to the
1 lonourable Member for Paisley, that there is
another and a safer, and a perfectly practicable mode of
obviating the evil of large purchases abroad—at least of
greatly mitigating that evil. What would he think of
augmenting the Cllimestic supply, so as to render such
purchases altogether unnecessary on the average of
years, or at-least necessary to a. very small extent ?
COURIEII.--Being fully satisfied that there is no
more effectual way of giving the go-bye to any question,
however intrinsically important, than by referring it to
a Select Committee of the House of Commons to be re.
ported upon, we rejoice at the result of Mr. Duncombe's
motion on the subject of prison discipline, and at the
exposure of the gross abuses by which ir was accom-
panied. Now, there ,is no subject upon which the .
executive Government can act with greater freedom— ,
none on which it will encounter less stubborn resistance
•—thati in its endeavours to render the. sentence of the
law equable, and 'by' the establishment of an uniform
system of prison discipline. 'Heretofore it often hap-
pened from a diversity in prison regulations, and other
circumstances, that
.parties convicted of similar offences
and sentenced to a similar amount of punishment, under-
went in reality very different degrees of punishment ;
thereby prejudicing the administration of justice in ,
public estimation, and inflicting upon persons equally
guilty in the eye of the law a totally different measure
of punishment. That great improvement in the regu-
lations affecting prisoners has taken place within the
last few years, and that considerable progress towards
the introduction of a uniform system of discipline has.
been made, was admitted on all hands; and in no
grudging spirit, especially by J. Graham, who availed
himself of that opportunity to bear testimony to the
success of the efforts made by Lord John Russell to
correct abuse-sr suPfklYrdefects, and, otherwise improve
the system of prison regulations.- One "great object
should' never be lost sight of, and, that is, that
no arbitrary rules of visiting justices—no stub-
born adherence to previous regulations—should be
allowed to interfere with the due enforcement
of the'law, either in the way of diminishing or aggra-
vating the punishment awarded to criminals ; but, above
all, especial regard should be paid to the condition of
untried prisoners, the safe custody of their persons, and
vOtaltg haidship tif4ncarce,ra-tion,„logye
9-
sole reason
their being detained in piisifn.- . -5,

MONEY MARKET &nd CITY NEWS.

. FROM THE• MORNING PAPERS OF YESTERDAY.
POST.—The report is revived of Mr. R. Thornton being
about to be invested with the duties and dignities of President
of the Finance Commission of Spain. The long-promised
advertisement of Messrs. Bo' rajo and Salamanca, with respect
to the capitalisation of coupons, is still looked for in vain by
the bondholders, and the reason assigned to Mr. Thornton on
the 21st ultimo, for the delay, must, therefore, be another of
the many mistakes which have marked the proceedings of these
curious people. We understood 111. Borrajo to say, that the
observance of strict fairness and good faith required that the
announcement should appear simultaneously here and at Paris,
and that this was the cause of procrastination; but we have
excuse upon excuse, postponement upon postponement, and to
speculate on what is' actually going on—what is actually meant
—or upon the question whether payment will ultimately take
place, or whether it will not—were equally unprofitable to
ourselves and our readers. It will, however, occur to moat
persons ißterested in the result, that as time elapses, and im-
pediments seem still to stand in the way of the payment of the
present pittance of a dividend, the prospect of a continuance of
payment, in the event of a commencement of it being ever
made, become less and less encouraging.
TIMES. —The premium on gold at Paris is 10i per mille,which
at the English mintprice of 31. 17s. 101,-d, per ounce fir.- standard
gold, gives an exchange of 2:5 414, and the exchange at
Paris on London at short being 25 57k, i,, follows that gold
is 0.64 per cent. dearer in London than in Paris.
price of gold is 43'i per
By advices from Hamburgh the
mark, which, at ere English Mint price of 31. 17s. 101 Ad. per
ounce, for standard, gold, gives an exchange of 13 BA, and the
exchange at Hamburgh o.s Lone_on at short being 13 9h, it
follows that gold is 0.63 per cent.
dearer in London than in
Hamburgh.
'l..e course of exchange at New
between England awl
per cent., and the par of exchange
York ni London is 1081
England. But the quoted
change is 1.33 per cent. against 60 days' -i.ht the
interest ats „ ,
exchange at New York being for bills
difference.
interest must ;)e deducted horn the afore_ America being 109 23-40 per cent., it it follows that the ex-

LAW INTELLIGENCE.
HOUSE OF LORDS, March 2.
The House sat to=day to hear appeals. The Peers present
were the Lord Chancellor, Lord Brougham, Lord Campbell;
Lord Feversham, and the Earl of Falmouth.
GARDNER v. SCOTT.
This case came before their Lorthhips upon an ex parte ap-
peal, on behalf of the appellant, against the decision of the
Court of Se sion, declaring that his title was not sufficient to
enable himself to be infeurt iu certain lands in Scotland, called
Lochquarter. •

ROLLS' COURT, March 3.
No case of interest came before his Lordship to-day.

RT, March 3.
VICE- CHA CO
(Before the VICE-CI44NCEELOR of ENGLAND.)
ERVNFILE V. BRYDGES.
The further arguments in this case occupied the Court the
whole day.
Mr. PEMBERTON and Mr. GoaDoN appeared for the ap.
pellant.
(Before Vice-Chancellor WIGRAM.)
BULTEEL V. LORD Asitiont.
In this race Sir T. Wilde, Mr. Coleridge, and Mr. Milne
appeared for the.plaintiff; the Solicitor-General, Mr. Simp.
kinson, and Mr. Loftus Wigram for the defendant; and Mr.
Sharp, and Mr. Romilly for Sir
.Edmund and Mr. Benjamin
Currie.
Sir T. WILDE said be appeared in this case as counsel for
the plaintiff
Sir
intiffMr. Bolted, -who had filed a bill against Lord
Edmund Currie, and Benjamin Currie, for the
specific performance of an agreement for the sale of an estate,
called the Bagshot Estate, which belonged to his late Royal
Ilighns3 the Duke of Gloucester. The defendants
were, the executors of the Duke of Gloucester,
under whose will they were trustees for sale, either by public
auction or private contract. The Duke died on the 30th of
November, 1834. It aPPeared'that the trustees, under the
advice of Mr. Benjamin Currie, who acted as their solicitor,
offered the estate for sale by auction, in July 1835, and again in
June, 1836, but upon neither of those eccasions was there any
bidding, though every means was takes to effect a sale. On the

12th of June, 1838, the estate was put up a third time, and
upon that occasion there appeared to have been, an arrang' ment
that the reset ved bidding should be 25,0001. No bidder corning
up to that sum the estate was bought in. Ultimately,
under c rcumstances which he would state, there was
an agreement made by the defendants, Sir Edmund Currie and
Mr. Benjamin Currie, acting on their own behalf, and on be- -
half of Lord Abinger, with the plaintiff, for the sale of the
estate for the sum of 25,0001. On the 26th of July, the de-
fendant, Mr. Benjamin Currie, wrote to his co-trustee, Lord
Abinger, a letter, communicating the fact of that sale ; and
that letter was the contract for the sale of the estate, upon the
validity of which his Honour would be called upon to decide.
The general nature of the question in the cause, was the autho-
rity either of Sir Edmund Currie or Mr. Benjamin Currie,
to make a sale of the estate ; end he believed it would be con-
tended first, that they never had any authority, it being revoked
before the agreement for the sale was executed. The cir-
cumstances of the case as discovered in the pleadings were these.
The estate was charged with considerable legacies, and among
others, Sir Edmund Currie was very largely interested in the
proceeds. From July, 1835, to July, 1838, 'ineffectual endea-
vours had been made to procure a purchaser. At last an ar-
rangement was made which would have terminated in a convey-
ance of the estate but for the objection which was the subject of
discussion in that suit. Both before and after the sale by auc-
tion in June, 1838, there had been a treaty on foot with the
Woods and Forests, who were desirous of purchasing the estate
if they could agree upon terms. It appeared also that
Mr. Robert Scarlett, the son of Lord Abinger, was nego-
tiating for the purchase. Whilst these negotiations
were pending, Lord Abinger went the Oxford circuit. On
the 23d of July, his Lordship either from a knowledge that his
son was, or from an anticipation that he would become, a ne-
gotiator, wrote to Mr. Benjamin Currie to this effect.:—" My
dear Sir,—Having heard that my son has made some proposal
to you and Edmund," that was Sir Edmund Currie, who it
appeared was Lord Abinger's son-in-law—" about the Rapley
estate "—that was a name sometimes applied to the Bagshot
estate—" I write to advise you that it is exc!usively his own
offer." He then stated that he would not, either directly or
indirectly, interfere in the matter. It appeared that a com-
munication had taken place, first between Sir Edmund
Currie and Mr. Robert Scarlett, and afterwards be-
tween Mr. Robert Scarlett and Mr. Benjamin Currie,
upon the subject of the purchase of the estate. Mr.' Ben-
jamin Currie told Mr. Scarlett, that if he would state expli-
citly the utmost he would give, he would apply to the Woods
and Forests, to know whether they would bid higher ; but Mr.
Scarlett, disliking, to use his own expression, " being bandied
about," declined making any advance upon his previous offer.
Thus matters stood, the Woods and Forests having offered
21,0001. and Mr. Robert Scarlett about the same sum, and
the latter disclaiming any intention to advance. At this time
the plaintiff, Mr. Bolted, who had attended the auction, entered
into a treaty with Mr. Benjamin Currie and his partner, for
the purchase of the estate. He had at first offered only 20,000/.
but continued advancing until the 233 of July when, being
about to go abroad, and having already sent his carriages,
he offered 25,000/. and requested an immediate answer. Mr.
Benjamin Currie dealt with him in the same manner as he
had dealt with Mr. Robert Scarlett. Application was made to
the Woods and Forests who declined to make any advance upon
their previous offer, and to Mr. Robert Scarlett, at his own
house, who was discovered to have left town. Under these
circumstances, a verbal agreement was made on the 25th of
July, by Sir E. Currie and Mr. Berjamin Currie, for the sale
of the estate to the plaintiff, for the sum of 25,000/. and Mr.
Bulteel, being considered the purchaser, accompanied Sir
Edmund to Bagshot. On the 26th, the following day, Mr. B.
Curl ie communicated the fact of the sale to Lord Abinger, with
the amount for which the estate had been sold. On learning the
fact of the sale, Mr. Robert Scarlett wrote to his father, ex
pressing his " indignation at the conduct of Edmund ani Benja-
min Currie, at their want of plain dealing and folly." The
letter concluded by praying that, if possible, his Lordship
would " prevent the sale from being carried into effect."
That prayer was unfortunately too successful, and its success
had occasioned four years' of expensive litigation. On the
27th of July Lord Abinger wrote to Mr. Benjamin Currie as
follows :—" My dear Sir—l have received your letter, but hav-
ing by the same post received communications which lead me
to think that a higher price may be obtained for the estate
than the sum of 25,000/., I cannot for the present
consent to the sale of I3agshot for that sum.
I think you should inform Mr. Bulteel of this
without delay. As we sell as trustees, we are
bound to get the highest possible price before we sign a
contract. ] shall be in town towards the end c f next week."
It should be observed that this letter did not state that a higher
price had been offered, but that he thought, from communica-
tions he had received, that a higher one might be obtained.
The Learned Counsel then proceeded to state, that notwith-
standing this letter, Mr. Benjamin Currie and Sir Edward
Currie considered themselves bound to complete the contract
with Mr. Bulteel, and accordingly it was signed by them on the
30th of -July. He contended that they were fully authorised'to
ds so, and that a Court of Equity would, under all the circum-
stances, decide in favour of the purchase by Mr. Bilked.
The Learned Counsel then proceeded to read a number of let-
ters, which passed between the various parties to the suit sub-
seqaent to the transaction. It appeared that Mr. Robert
Scarlett subsequently offered 26,00/. ; and that, at the sug-
gestion of Lord Abinger, a sub-contract Was entered into be-
tween Mr Scarlett and the trustees, which was to take effect
only in case a Court of Equity should decide against the right
of Mr. Bulteel to have the contract completed. After com-
menting at great length upon the correspondence, and upon all
the circumstances connected with the transaction, the Learned
Counsel concluded by submitting that the plaintiff was entitled
to a spec fie performance of the agreement.
Mr. COLERIDGE followed on the same side.
The plaintiff's case was not concluded when the Court rose.
I The hearing will be resumed to-morrow (this day).

COURT OE BANKRUPTCY, M2rch 2.

THE TALLOW TRADE.-EX PARTE HUBBARD IN BE. BEAU,

MONT MARSHALL, A BANKRUPT.
- Mr.- Commissioner Evalis gave judgment in this case to-
day, and said that the facts of the case appeared to be as fol-
low :—By a contract note, dated the 6th of August, 1841, the
creditor sold to the bankrupt certain casks of tallow. The
beminrupt stopped payment on the 9th of October following,
and a meeting of some of his creditors was held, but the
creditors generally were not summoned, and only a compara-
tively small number attended it. At that meeting it was sug-
gested that all unexecuted contracts should be closed, and the
difference between contract price and market price on that day
should be debited or credited to the now bankrupt. To this ar-
rangement the now bankrupt gave his assent, and upon th,t
arrangement Messrs. Hubbard and Co. were entitled
to a credit for 4861. by such difference. The bankrupt
swore that at this time he contemplated bankruptcy, and
was hopelessly insolvent. This proof Was resisted, on the
ground that it was what was called in. law a " frau-
dulent preference." On the other side it was con-
tended that it was only the settlement of an account, and that
even if it could under other circumstances be considered as
a " fraudulent preference," yet the consent of the credi-
tors at the mee;ing made it a good and valid transaction, and
cited" Derrow v. Baldwin," 5 East, 175. The question for
his (Mr. Commissioner Evans's) consideration was, whether
such an advantage could by law be supported? Nothing, he
thought, could be more injurious to the interests of the com-
mercial community than the allowing insolvent debtors to
prefer one creditor to another. It must be apparent to every
person that such an act on the part of the debtor was dis-
honest, and if the creditor was aware of the intention of the
debtor, it was also dishonest in him. The ease cited from 5
East ought not, he thought, to govern his decision in the pre-
sent instance, as there were many circumstances in that which
did not arise in the one now before him. There the opinion of
Counsel was relied on, as proving the assignees could not hold,
and in that case it would appear that all the London creditors
were summoned ; in this case there was only a small number,
anti that decision, even with all those additional circumstances,
did not 'appear to have Met the approbatintr of two of the
ablest Judges. It theretire appeared to 'him, on the best con-
sideration he could give the question, that the transaction be-
tween Mr. Hubbard and the bankrupt was in law a fraudulent
preference, and could not be made the subject of proof.

INSOLVENT D.E137'0 le 6" (..'OU.RT, March 3.
nE JOAN LIVIN•GSTONE.
The insolvent. in this case, was joint patentee with John
D.,vis and John Gerard De Witt, in .an invention fcr the
.oeunnitv of.buildings from tire. He (low appeared in Court on
petetio* tlibefelischateiLiwbikti wati,sfapportnisbv Mr Cooke.
His petition wcs opposed in person, y' indvidual name d
Youles who V. as clerk to an attorney belonging to this Court,
for a debtf arising out of a bill-discounting transaction. It
appeared that the opposing creditor had discounted a 291. bill
of Exchange for the insolvent, charging a discount of 3s. 61
in the pound, and a balance remaining due, the present oppo-
sition, was entered. Two deeds of assignment of certain rights,
which the insolvent was possessed of, under the above patent,
were executed in favour of Mr. Alderman Thomas Wood, and
subsequently of a gentleman named Young, which Mr. Youles
required to be produced in Court.
The Learned CHIEF COHMISSIONER said, although he was
amazed at the nature of the opposition entered against thit in •
solvent, yet it would be but justice to,the body of creditors that
those deeds of. assignment should be produced, and he should
consequently adjourn the further hearing of the case for that
purpose.
RE ROBEItTON.
The hearing of this insolsent's petition, which was reported
in The Sun, came before the Court on Monday, when it was
ordered to stand over, to afford time fur the Learned Chief
Commissioner to look over the evidence adduced on both sides
previous t) pronouncing judgment.
Mr. Cooke having moved that judgment might be pro-
nounced to-day,
The Learned Chief CommtsstoNEß said, from the multifari •
ous business pressing upon the court, he hach.been unable as
yet to rear, over the evidence. On Monday next the case might
come on finally.

RE RICHARD ROBIED.
The insolvent, who carried on business as a fishmonger at 22,
Devon-hire-street, Portland-place, was, opposed by Mr. Nicholls,
on behalf of Mr. Jabez Moore, and supported by Mr. Cooke.
The amount of debts appearing in his 'schedule was
1,554/. 19s. 3d., whilst .the sum available to his creditors was
16s. He ealculated his weekly profits for a portion of the time,
during which ho carried on business in Devon shire-street, at
131., and expenses at 12/.
The chief ground of opposition was f n having executed a
warrant of attorney in favour of a gentleman .named Mathole,
who also held held the lease of his house as security for 2001.
which he lent.

Air. Mathole said the sum he realised was only 2131. by the
lease, and he was qu►te willing to place himself upon the same
footing as the rest of the creditors.

Mr. Ntcliou.s said the. conduct of this gentleman was
highly creditable to him.
Mr. Commissioner REYNOLDS concurred in the opinion of
the Learned Counsel. Without any reference to the present
transaction, he should read the report of a case which was
brought before one of the Commissioners of Bankruptcy yes-
terday, when that Learned Gentleman said nothing could be
more injurious to the interests of the commercial community
than allowing insolvent debtors to give a preference to one cre-
ditor above another. It was a principle which ought by all
means to be abolished, as nothing tended more to produce liti-
gation and dishorieqy. In these sentiments he (Mr. Commis-
sioner Reynolds) fully concurred, and would act upon them
generally as much as circumstances permitted.
A witness, who had been in waiting to give evidence for four
days, being absent, the case was ordered to stand over to next
Wednesday.

CENTRAL CRIMINAL COURT.
OLD COVI?T.

The business of the Court did not- commence yesterday
till half-past ten o'clock, when the Judges arrived, in conse-
quence of the absence lf the Aldermen. '1 he usual hour for
the business to commence is nine o'clock.

( Before Lord Chief Justice TINDAL. )
CHARGE OF Al URDER.—James Roberts, aged 39, a sailor,
was put to the bar charged with the wilful murder of Mary Reed.
Mr. Adolphus conducted the prosecution and Mr. Ballantyne
appeared for the defence.
George Francis Crome, a butcher, in York-street, West-
minster, stated that on Monday evening the 14th of February,
the prisoner was passing along 'York-street, and he met the de-
ceased. They commenced a conversation, and soon came to
high words. The deceased said, you would not use me so if
my husband was here. Witness saw the prisoner push the de-
ceased, and she put a pair of shoes, she had in her hand, into his
face. The prisoner struck her on the hand. He said to wit-
ness, Go on, my good fellow." The prisoner carried in his
hand a " grindle," or instrument used by knife-grinders, having
a circular piece of wood at one end, and a stone at the other.
The prisoner continued abusing the old woman, the deceased ;

and he went into a beer-shop, and when coming out he struck
her down with the grindle.
Elizabeth nutter deposed that she was a widow, residing in
York-terrace, York-street. I remember the night the transac-
tion happened. Heard the prise ner usi ig improper language
to a. woman, as I was passing by. After that saw Mrs. Read;
she was an old woman. Did not. hear her say anything to tie
prisoner. Saw the prisoner strike Mrs. Read against the wall.
When I first saw her, she was against her own door. She tried
to get past the prisoner, and he took hold of a saucepan, and
struck her with it. The deceased turned then to go into a
beer-shop. The prisoner said, " You aced not go in there for
proteci ion, for I will wait, for thee till thee comes out." The
deceased stayed in the beer-shop about three minutes. The
prisoner had that thing in his hand (a kind of grinding-stone
was here produced, having a long bar of iron through the mid-
dle of it). As the deceased came out of the beer-shop door,
the prisoner lifted up his hand and struck her with that
thing (pointing to the bar of iron). That was be-
fore anything was said on either side, but immediately
the deceased appeared at the door, the deceased fell back
into the shop. The prisoner again said he would give her a
" topper " whenever she came out. I did net know the man
before. The prisoner appeared to have been drinking, but he
was not very much intoxicated. I saw no mote of the deceased.
Cross-examined.—l was an acquaintance of the deceased.
I have known her about fifteen years. I have been examined
before respecting this trail' action. 1 will swear it was with the
stone-end of the instrument that the prisoner stuck the de-
ceased. I have never had any convers ition with Mr. Crow
about the stone. I have had no talk with Mr. Crow about the
matter at all. _ _ . .

ltlr. BALLANTYNE, reading from the depositions—ls this
true, " the man had a grind-stone in his hand, there was a
tone and a buff in the instrument. I don't know whether it
was the stone or the buff end that he struck her with." Is
that true? Witness—l said there was the buff at one end, and
the stone at the other. I put my mark to that paper, which
meant that it was true. Did not see the deceased attempt to
strike the prisoner with a pair of sl 003. I saw her lift her
hand up to defend herself.
William Alfred Keane—Lives in York-street. Knew the
deceased. Her husband was a plasterer. On the 14th Feb.
the deceased came into a public -house called the Fortune of
War, in York-street, Westminster. She came up to the-tap,
and remained from three to five minutes. She went out
again, when I heard a blow, and saw the woman stagger back
on the " settle." She said a man had knocked nor down with
a grindstone. Witness went to the door with the deceased as
she was bleeding. The prisoner was there, and he said "it
served her right, and he wculd do it again ; she was drunk,
and he was not." The deceased was not drunk, but the pri-
soner was the worse for liquor.
Cross-examined—Had known the deceased about two years.
William Henry Host, 58 B—Took the prisoner into cus-
tody. When he took him to Queen-square, the prisoner said,
" Where is the woman ?" I said she was not well enough to
give her evidence. He said, " God her eyes, I wish I
had killed her quite. If I had known she was going to give
me such a cold berth as she did I would have knocked her
down and jumped upon her, and killed her quite." ( A thrill
of horror ran through the Court.) Witness had never asked
him any question concerning this transaction.
Reginald James—ls house-surgeon to Westminster Hospital.
The deceased was admitted on the 14th Februar3. he had a
starred" wound on the upper part of the head ; it appeared
to have been caused by a blunt instrument. She lived two
days. She lost a good deal of blood at the time of the accident.
She died from concussion of the brain.

This was the case for the prosecution.
Mr. BALLANTYNE then addressed the Jury for the prisoner,
contending that there was no intention on the Fart of the pri-
soner to kill the deceased, and concluded by calli g the follow-
ing witnt sses :
Thomas Chandler—Remembers this transaction. Never
saw either the deceased or the prisoner before. Was crossing
to the Fortune of War, and saw the prisoner and deceased.
Toe prisoner had two kettles in one hand and a grindstone its
the other. He was calling pots and kettles to mend. He ap-
peared to be drunk. The deceased was close behind hint.
She passed him on the side on which the kettles were. Saw
the kettles go against her gown. The kettles might have
struck her, as they were swinging about. The deceased said
something, but did not hear what, and then she struck him on
the hand with a pair of shoes which she had in her hand. She
then hastened towards an alley, went up, and remained about
a minute. When she came down again she had a shoe in each
hand, and she struck the prisoner in the breast with one shoe
after the other. Up to that time the prisoner had sti uck no
blow at all. The deceased then ran into the Fortune of War.
When the prisoner was struck he followed the deceased to the
door. The deceased came out in about a minute. Witness
saw the blow struck. After the blow had been struck the
prisoner appeared very much excited.
William Duggen corroborated the last witness.
Stveral other witnesses were called, all of whom gave similar
testimony.
111 r. ADOLPHUS having addressed the Jury on this evidence,
The LEARNED JUDGE summed up, and in doing so said that
the Jury had to consider, under the law which he should ex-
plain to them, whether the prisoner was guilty of murder, or of
the crime of manslaughter only. The law provided that, in
cases of this kind, where a blow had been struck from which
death ensued, if that blow was struck in a moment of excitement,
and in hot blood, that was not held to be murder, but manslaughter
only. But it a certain time had elapsed between the moment
of provocation and when the blow was struck, that was consi-
dered to be an act of deliberate vengeance, and, con-
s?quently, was wilful murder. They wool I have to con-
sider from the evidence, whether the fatal blow in
question was struck close upon the blow the prisoner had
received, cr whether there was sufficient time between the two
blows for the blood of the prisoner to cool. If they thought
that the fatal blow had been inflicted in a moment of irritation
and hot blood, then they would find him guilty of manslaughter
only ; but if, on the contrary, there was reasonable ground to
suppose that there had been sufficient time fut the blood
to cool, it would become their bounden duty to find him guilty
of the crime of wilful murder.

The Jury immediately returned a verdict against the priso-
ner—Guilty of manslaughter.
ThP LORD CHIEF JUSTICE Shen addressed the prisoner, and
said he had been found guilty-Of the crime of manslaughter, by
a Jury of his countrymen. The offence was committed
under most aggravated circumstances. It was a crime nearly
approaching to murder ; and had the jury, upon consideration
of the evidence, found him guilty of the full crime of murder,
he should have inflicted upon him the full penalty of the law.
The prisoner had shown a purpose reckless of human life, and

t was necessary, for the sake of the public, that he sh,,uld
cave the country for life. The sentence therefore was, that he
b.-, transported for the term of his natural

SPRING ASSIZES.
MIDLAND CI RCUlT—Northumpton,Mareh 1.
AMOS V. MOORE.

Mr. Hayes opened the pleadings.
Mr. Hu men 5. EV stated the case. This was an action of
trespass. Plea. Not Guilty. The circumstances giving rise
to the present litiga•ion were as follows :—The plaintiff and
defendant are both residents in the village of Bugbrooke, in
this county, the one being an apprentice in that place to the
Messrs. Wheeler, who carry on a manufactory of soap and
candles. The defendant having been a maltster, but now
living en his property. It appeared that on the 26th of Octo-
ber, the defendant, a man between thirty and forty years of
age, had been married, and that a custom was said tl prevail
in that village known by the name of " propping," which cus-
tom consisted of carrying pieces of timber to the house where
the new-married couple were sojourning, and propping the tim-
ber against it. The plaintiff had accidentally come before the
house of the defendant on his way home, where persons had
surrounded the same, and were piling timber against it. At
the moment of the plaintiff's arrival, the defendant opened
the window, and pointing a gun out of it, said, "Dead or alive,
I will have at you." He fired, and the shot pierced the
plaintiff's face. It was for the injury done to his person the
present action was brought, an injury as unprovoked as it was
unlawful.

„ Joseph
Heales, a tailor, was called to prove the statement,
and Robert Ashby corroborated his testimony. In his cross-
examination he said, after the gun had been fired the people
broke the windows.
Benj tnaM Wheeler sworn and examined—ls in partnership
with his brother as candle manufacturers at Bugbrooke. 'The
plaintiff is in their service. Remembers the day of. Air.
:Moores marriage. Plain.iff,- with the exception of meal-
times, was at work all the day. He left with witness at half
past eleven o'clock.
Cross• examined—Plaintiff denied to Mr. Moore, upon being
questioned upon the subject, that he had been shot. Defendant
took him to a surgeon's. Amos told Moore it had happened in
another way, but dicl not tell what that way was.
Ile-examined—Witness,
being his master, told him it hap-
pened in another way.
A letter, dated November, 1841, from Mr. Beale to the de-
fendant, was then put in and rea t.
Mr. HILL (with whom was Mr. FLoon) then addressed the
jury for the defendant. It was often said the truth of a letter,
at least of a lady's, always lies in the postscript, and the truth
upon the present occasion had come from that postscript
(pointing to the last witness, who had remained in the box).
His Learned Friend had open his case as one calling for exem-
plary damages, that it was a case of unprovoked assault ; the
defendant had fired off a gun,the shots from which had wounded
him all over the left side of the face,`and had very nearly gone
into his eye. He went on to state, that accidentally, or rather
providentially, a surgeon was on the spot, and that that surgeon
very shortly afterwards dressed the wound. The Learned
Counsel proceeded to comment further upon the nature of the
evidence that had been adduced, declaring that the defendant
had been the party abused by the gross outrage that had been
perpetrated against him by the people carrying out. the foolish
custom, as it had been called, of propping.
Mr. Justice WILLIAMS told the jury, if they were satisfied
the defendant had discharged the gun, and had hit the plaintiff
in the face, he would be entitled to a verdict ; the question of
damages they would also have to estimate:
The jury, after a short consultation, returned a verdict for
the defendant.

POLICE INTELLIGENCE.
BO IV-STREET.

There were no cases pessessing the slightest interest brought
before the Court yesterday, the whole of the night charges
consisting of cases of " drunk and incapable." In every
instance the prisoners were discharged, and the business of the
Court was terminated by eleven o'clock.
MAI?LBUROUGH STREET.

Thomas Wharen, aged between eight and nine years, who
has at least a dozen times been summarily convicted at this
Court of misdemeanors, with felonious intent, was again com-
mitted for two months, to Westminster Bridewell to hard
labour, for having been found between seven and eight o'clock
on Wednesday nght, secreted behind the counter, of the shop of
No. 15, King-street, Golden-square, for an unlawful purpose, no
doubt to empty the till of whatever money it might contain at
the first opportunity. When asked if he had anything to say
in his defence, he answered with a smile, "I've nothing to
say. I have no father or mother, that you know ; and IK as
hungry ; and so I went into a baker's shop, where there was
summat to eat, and what s the harm of that ?"
Thomas Collinson, another well-known boy-thief, was re-
manded until Saturday next, on suspicion of stealing a parcel
of loaf-sugar, aaout Ribs. weight, which was found in his pos-
session last night in l'anton-street, Leicester-square, the pro-
perty of some person or persons unknown.
WORSHIP-ST REE T.
Caroline Lewis, one of the fraq sisterhood, was charged
with having stolen a pair of shoes at the shop of Mr. Walsh,
shoemaker, Brick-lane, Spitalfields.
From the evidence of the proseculor's apprentice, a shrewd
and intelligent lad, it appeared that on the preceding evening
the prisoner called at the shop in company with another woman,
and produced an odd shoe, which she said she wanted to
have repaired. Whilst he was looking at the shoe, the
prisoner took a pair of shoes from a shelf close to the
spot where she was standing, and handed them to her
companion, but the latter appeared flurried and frightened, and
ran out of the shop, upon which the prisoner with perfect cool-
ness, replaced the shoes on the shelf from which she had taken
them. Witness called a policeman and gave the prisoner
into custody.
- .

In her defence,the prisoner said, that she took up the shoes
for the purpose of looking at them, and had not the remotest
intention of stealing them.—The prisoner was remanded.
UNION-HALL.
Two men named Robert Smith and James Soaves, were
placed at the bar before Mr. Cottinghom, charged with assinit-
ing and robbing a gentleman, named Pawle, residing at No.
2, Lyon's Inn.
Mr. Pawle stated that himself and a friend were returning
from the Surrey Theatre, about 12 on Wednesday night, ;mu

nearly opposite Rowland Hill's chapel, he was accosted by the
prisoner tioanes, who demanded from him a halfpenny. He
told him that he had not got one. The prisoner was about
to strike him, but his friend deterred him from so,
dung. The prisoner was then assisted by Smith, and about ten
m ire, who hustled him and. his friend ; he felt some person's
hind in his coat pocket, and on turning round he distinctly
stw his silk handkerchief in the prisoner Smith's hand. He
immediately called " Police," and detained the prisoner, but
was severely struck by Soanes, who attempted to rescue him;
and had not a policeman come up at the time, he has no doubt
the prisoners would have murdered them,
Policeman 164, L, said, that the prisoner Smith is well known
as a street thief.
Mr. CdTTINGTIAM stated, that it was a most daring highway
robbery, and had not the police arrived to the assistance of the
gentlemen, there is no doubt the prisoners would have emptied
their pockets, and severely injured them ; he should have com-
mitted them for trial, but the gentlemen did not wish to pro-
secute, therefore, he should sentence Smith to fourteen days'
hard labour at the House of Correction, and Soanes for
seven days.
Achilles Bull, a stout, athletic young countryman, was
charged with stealing a loaf of bread from the shop of Mr.
Turner, a baker, in the New Cut.
The complainant stated that on the previous afternoon, the
prisoner walked into his shop, and having asked for a loaf, in-
stead of paying fur it, he commenced eating it. When re-
quested to pay for it, he said that he had no money, and that
he'd be d—d if he was going to starve in a land of plenty.
He was then given into custody.
MAGISTRATE—YOU are a fine, powerful young man ; if re-
duced to such distress why not enlist in the army ; they would
be glad to receive you, as recruits are wanting ? Prisoner—l
don't like to enlist. I would not go for a seldiet to please any
body. Give me a month at the gaol.
The MAGISTRATE said that he should commit the prisoner
to hard labour for a morth.
THAMES POLICE.

Lieutenant John Glen Johnston of the Hon. East Ineia
Company's service, belonging to the armed steamer Mem-
non, appeared to a warrant issued on Monday, charging him
with having committed an assault upon Robert Gray, Quarter-
master of the same vessel, on the 27th of Feb. last.
Gray stated that in the evening of the day before named he
was in bed, in the cabin, with his wife, when the Lieutenant
cane to him and ordered him on deck, and having 1:one there
he was then ordered below, and was to consider himself a pri-
soner. Gray refused without knowing what for, when, as he
stated, he was forced down, and in the scuffle his shoulder was
dislocated.

Mr. BALLANTINE inquired of Lieutenant Johnston what
reply he had to make' to the charge.
Lieut. Johnston said that he was an officer in the service of
the Hon. East India Company.. The Memnon, to which he
belonged, was a vessel of war, intended for the East India navy,
and was about to proceed to Singapore, to join the naval
force there. By sections six and forty. three of an Act
3d and 4th Victoria, it is set forth that all officers and men
serving in the Indian navy are amenable to martial law, the
same as those belonging directly to her Majesty's service.
Mr. BALLANTINE asked if the vessel was so constituted
while on this side of the Cape ?
Mr. Johnston replied that the Act stated " within or with-
out the limits of the Charter." .

Mr. BALLASTINE having referred to the Act, said that the
terms were so strong and comprehensive, that he should dis-
miss the warrant, being convinced that he had no jurisdiction
in the ca,-e. If the complainant thought proper, he was at li-
berty to carry his complaint elsewhere.
Lieutenant Johnston expressed his regret that the case could
not be gone into, as they had evidence to prove, not only that
the assault was not committed, but that the conduct of the man
was such as to require the interference of the officers, he having
his wife on board without permission.

CORN A VERA GELS,
GENERAL AVERAGE PRICES OF BRITISH CORN,
For the Week ended Feb. 25, 1842, made up from the Returns c t
the Inspectors In the different Cities and Towns in Englanbt and
Wales, per Imperial Quarter.
Wheat 6ls. 10d. 1 Qats
Railer 2Bs. 6d. 1 Rye ...... 31s. toe 1 Pease 335. Id.

AVERAGES OF THE LAST SIX WEEKS.

Week ending WHEAT. BARLEY.' OATS.

BEANS. I PEASE;

Jan 21
28 6o 7 28 3 20 1 37 4 Xi 4 33 2
Feb. 4 ...
11
18 6O 0 28 5. 19 8 37 1i 32 3 33 11
25
IMPERIAL AGGREGATE AVERAGES OF THE SIX Witt KS
Wheat CO. 7.. 1 Oats - 01.1 Beans 12s 1,1,
Harley, 283. 51. 1 Rye
DUTIES ON FOREIGN CORN.
Wheat :'6 Bcl. 1 Oats
Barley l9i 10d. 1 Rye

THE IVARKETS.-( YESTERDAY.)
COLONIAL MARKET.
The publiq sales were of little moment, and privately little
business wast transacted ; but in prices little variation took
place. 'I he
*imports were fair.
TEA MARKET.

The biddings at the publie sales were brisk, and most of the
Tea found buyers at full rates. Common Congou, Is. I cash.
TALLOW MARKET.
The market was firm, but the demand limited, at 481.3 d. on
the spot, and 495. for delivery.
WHITECHAPEL HAY MARKET.

A very middling supply and demand. Clover, 21. 15s. to
51. 10s. ; 114 y, 21. to 4/. ; Straw, I/. 10s. to 21.

COUNTRY CORN MARKETS.

to
39 43
35 40
36 `8
C 4 3'
33 j 7

Wheat. j Barley. iOats.

Per Quarer
Ruston •••••••••
itraintree
Camhridge 1
Dunmow
Grantham I
Grimsby
Itaiisharn
Hitchin
Ipswich
Lewin
Lynn
Maidstone
Norwich
P~lworth
(loin ford
Sandwich
I.'netfold
Wishech
(armouth
Li
WHEAT, Engli

Deans.

R. tO i. S.
22 38 22
27 34 29
28 ; 7 28
16
25 f'3 :0 23
22 33 2u 26
•:8 33 22 28
29 33 116 21
29 33 HlO 21
27 34 20 30
28 21 26
32 3: 21 22
24 36 18 22
36 39 26 32
25 31 28 50
27 31 ‘.:l 24
25 32 1s ,ti
23 34 c 5 311
32 36 '24 29
28 34 15 21
24 30 21 27
31, 32 24 30
CORN M MUT
per 7111 b. ~

to S.
35 38
ai 38
37 44

Neater•

e. to
18
93
22

S. to R.
55 70
52 70
330 48
—, 60
56 4'5 40 42
51 61 24 42
(i 0 73 3(3 40
56 74 36 40
66 72 32 r 4
50 4i7 34, 4a
60 67 33 31
tiO Cat 34 35
50 61 nel 31
59 67 30 40
60 (6 4-.43 38
57 61 34 - 40
51 48 :It 38
61 71 93 :I:9
61 64 110 44
57 63 131 31
58 f,B 27 31
60 69 I 138 40 1
VERPOO, —March I
ish, White, , 9-. 41. to 104 04
Red
:h, Welch, and Manx
, Whi,e 6lO 7ln •
--- Red 6 0 7 6 ±
Foreign
, .„.,
OATS, RlCiiCh. Welsh, and Scotch, per 451 b 2 9 3 '
_. 1
Irish..,.
Foreign
64 iii-Ev, English, Malting, per Imp. quarter ...... - -
Scotch mid Irish, pet Mho.
Feeding n 8 3lO
BEANS, English, per Imperial quarter 4O 0 43 0 .
Irish, 84t.
6
Foreign
PEASE, English. per In,
PEASE, quarter 42 0 44 0
--- Foreign
FLOUR, English, per 2801 b. 46 0 50 0
Irish
OATMEAL, English and Irish, per s24olbs
INDIAN CORN, per 4801 b.
RYE, per Imperial quarter
MALT, per Imperial quarter " 34211 :o
0a '.
"54636:4 . uvoA°o

-.

;7/ `2

i-i 35
33 34
32 36

T 6 V,
411 44,
30 3t
36 39
n
34 36
SO 35
39 4°

Sco tc I
Irish,

i The premises n iunsom-street, Bath, known as the
Old Bath Bank, and recently occupied by Messrs. Hobhou33
and Co., were sold on Saturday, at the large sum of 4,00
The purchase was made by the Directors of the West of Ent'
land and South Wales District Bank. A tradesman bid 4,02014
but refused to go higher.
MADAME D'ARDLAY'S DIARY AND LETTERS, VOL.
2.—lf any one (observes a contemporary), after a careful eX-
amination of the first volume of this work, can have retained
doubt that it will form, as a whole, a publication, not merely_
of unequalled interest, curiosity, and amusement, but of big
and permanent literary and historical value, the second volume,
which is now before us, must remove any such doubt ; for, ha.
addition to all the qualities possessed by its predecessor, "
carries us up to a period which cpens an entirely new vista i°
the life and pursuits of the Diarist. We allude to the circa"'
stance of Aliss Burney having, at the close of the year 1735'
accepted an appointment which placed her in almost hour)'l
contact and clmmunication with Queen Charlotte, and all the
Princesses of the Royal House, and in daily intercourse with thd
chief personages of the court and household ; and which ar
pointnient it appears she retained for more than six yearslr°
taking no relief or relaxation from her duties during all tit°l
period, but that ofjournafisiny the events, characters, obse:
ton's, and table talk of each day as it passed. Such revelatiiMs
deserve to rank among the most rare and curious of the OW
osities of literature, and the volume which contains them v"
in virtue of them alone, speedily find its way into the far
corners of the land.
DEA FN ESS.—Sound Magnifiers, and Invisible
Operative Voice Conductors, to enable persons at an advan-
age, and of old standing extreme deafness, to join in Oleg
conversation, and to catch the sound of a distant low sP""iti
at a publie assembly ; they are the size of a very Mall 0,°,./
seven shilling piece, and when in the cavity of the ears, tr;,'
arc not in the least perceptible nor more uncomfortable tho
having a small piece of fine wool in its place ; they are conlP°lo.
of a metal to collect sound, peculiar to the Messrs. S. and_j
Solomons themselves ; and although they are so extremely 1:,1
yet they enable those afflicted with extreme deafness, Pe"-ri
those who are only slightly dull of hearing to hear in clod
respect equal to those of most acute hearing. Messrs. S. eh,
B. Solomons, 39, Albemarle.street, Piccadilly, opposite 44
York Hotel, and 76, King William-street, City. Newly.lnven
Spectacles, immediately they are placed before imperfect Yiti°ll
either by day or candlelight, that mist and dullness "cis
appears before the eyes is at once removed, every object
clear and distinct, so that the most aged defective eye.SiSht.,,4
comes bright and brilliant, and is brought to its youthful, not", 10
and original state. Those valuable inventions have gain's a
patronage of the Royal Family, and the unqualified approbati°o
above 400 of the principal members of the medical profession, by
numerous individuals of high distinction, who have been greseer,
benefited by their use. To be had only at 39, Albernarle•st`
Piccadilly, opposite the York Hotel, and 7fi, King Williaza-+t>eo
City.— No connexion with persons of the clue name.

--
SILVER TEA SERVIC
Corn the
—T. COX SAVORY, Working Silversmith, 47, the
London, seven doors from Gracechureh-street, submits
prices of the following SILVER TEA and COFFEE Oil;
VICES. The Cottage Pattern is plain, standing on shell l'efle;
the tea and coffee pots with a flower ornament on the lids.
King's Pattern is richly embossed with flowers and scs°—‘
The shape of either is new and elegant.
KING'S PATTERN.
,2 0
Strong Silver Tea-pot •••, j 0
Ditto Sugar Basin
Ditto Cream Evrer " 0
Ditto Coffee-pot'ls
0
Complete ......... 0
Tea and Coffee Services
here may be selected everyrtlo%.,
ideboard or plate-chest. 1:10
sketches of the various ¢f Tr
free, to any part of the kingoe';
7, Cornhill, London, seven tie°

COTTAGE PATTERN.

s.
Strong Silver Tea-pot ...12, 0
Ditto Sugar Basin 6 lb
Ditto Milk Ewer. 4 10
Ditto Coffee-pot.. l 5 0

Complete ....E3B 6
A variety of upwards of fifty
be seen in the Show-rooms, wh
cle of silver requisite for the sii
pblets of prices, illustrated by s:
gratis, and forwa-ded, pr,stage f
—'l'. COX SAVORY, No. 4'
from Gracechurch-street.

BIRTHS.
On the 24th rlt., at Liverpool, Airs. J. W. Seaborne
of a Eon.

MARRIED.
On the 24th ult., at St. George's Church, by the Boer.
Fredrick Bridge, Jr.A Robert Graves, jun.. Stephen's-grefein'oe,
Bessy, eldest daughter of John Power, Esq., lorth
street, Mount Joy-square, Dublin. A in
On the :Nth ult., at Alargate, Wilkinson,.of L
Catherin,, langhtex of Mr Mills, Buenos'A

maOn
sterAttendant
(,)f. the :Mtn alt at BroppitEnk W. Esci•ll2l°
c Chatham hnOck;anrt:l. •Pa ne Y
vivo ,of
London : Pria;ted—E7nd—P—Ublished byU DO '' 0 - if
NO. 1 StranJ. at The SUN Office, No. 11 Stroll"'
the County of Middlesex, Friday, March 4, 1842,