Star.
London, England, 1829-06-11 00:00:00

THURSDAY EVENING, JUNE 11, 1829.

CAMBRIDGE UNLVERSITY.—The COMMIT..
TEE for PROMOTING the ELECTION of Mr. CEO
BANKES, SITS DAILY, u No.l, Ceekspor.euett, awing-
OM&

Tito ELECTION will amunenee on TUESDAY, the 11th
instant, and win continue over WEDNESDAY and THURS.
DAY•

Arrangements are made to facilitate the Conveyance mind from
Cansbridgetand to provide Accomonedadon there for the Noma-
admit Members of the emote.

Lord LOWTHER Okatrona.

June 11.

their reasons In hvour of the BM when it was debated. His
Lordship was merle. fattier Woo the jantkle when be was re-
minded that tbere wes no (pigsties before the Hesse.
On the motion of the Duke of RICHMOND the Metropolis.
Roods Bill went thrsugh a Committee, and was ordered to be reed
a third dant (*.morrow.

On the motion of the Emig WICKLOW their Lord+hips went
Into a Committee on the Grated Jury Presentment Bill (Ireland).
Lord CARBERRY praised the object of the Bill, but thought
its 'provisions not calculated tn. answer the end proposed. He
hoped that the Bill would be postponed till another Session.
Earl of WICK LOW defended the Bill as Particularly neces-
sary. since the tithe composition had given new powers to the
allotters. The system of prisms/nen:A was itself good. and they
answered the purpose to a certain extent of poor rates; but those
who apportioned the assessment (indifferent baronies were We're-
elble, w►ich this Bill wee to remedy.
The Doke of WELLINGTON admitted the justice of the
principle of the Bill; but, as there were objections to its details. be
seamed that In order to give time ha mature deliberation, it
should be postpooed till next
The Bari et DA /MLR Y reprobated the hurried manner In
which thief, had been conducted this Semi" so that they were
obliged either to pass Bills without deliberation, or to put them off
altogether.
The Earl of WICKLOW consented to withdraw the Bill; and
their Lordships adjourned at HAL, PAST SI&

MAXIMS BY ROCHEFOUCAULD THE -
YOUNGER
1. National character seems t 9 be determined by
three concurring causes; by organisation, which, of
course, implies difference of race, by climate, and by
political institutions. But of these causes the last is by
far the most efficacious, as it modifies, and °Bea in some
measure counteracts the operation of the other two.
Hence the leading characteristics of free nations and
States, whether ancient or modern, have been very much
the same; excepting in so far as a difference has been
created by the broad and well defined distinction, so
ably developed by Sismondi, between civil liberty, the
essence of which consists in the enjoyweht of equal
rights, and political liberty, the esbenee of which con-
sists in equal eligibility to the various offices of the
Commonwealth.

2. In this country civil liberty is enjoyed in the ut-
most latitude, and to the greatest extent practicable;
but it is not so with regard to political liberty. of which
a very scanty share is vouchsafed to the people. In the
United States of America, however, the possession of
political privileges and immunities is commensurate and
co-extensive with the enjoyment of civil rights; and
hence, although the people of both these countries are
e►sentially the same, the latter being in fact trimly an
offset from the forager, yet the national character of the
one is as different from the national character of the
other, as if they had been originally sprung from dif-
ferent races of men, marked out as such by the hand
of nature herself.

S. But there are " lights sud shadows" in national
character, for which no theory will satisfactorily account.
.The volatility of the Gauls, for example, was proverbial
so early as the days of Casa. ; and the same general
attribute of character continues to distinguish them to
the present hour. notwithstanding all the changes and
revolutions through which they have passed. The Per-
Sidni too. who is the Frenchman of the East, is another
instance of what we may denominate permanent insta-
bility, or unchangeable changeableness of character.—
He is the same volatile, asetcutial, excitable. imagina-
tive being now that he was in the days of Darius and
Chosroes.

4. The most incompatible elements appear to enter
into the constitution of this character. Goldsmith de-
sciihes the French as "in cnurts a ba,e, in camps a
generous band;" and Voltaire applies to the same nation
the intensely expressive epithet of sixge•tigre, indicating
that it partakes of the qualities both of the monkey and
the tiger; a truth which no one who reads the history
of the French Revolution can for a moment dispute.—
Hence, amidst the deepest diatresses, amidst the greatest
national calamities, the habitual tendencies of the race
are discernible. At once fanciful and ferocious, satii acid
and savage, at the very instant that they are calling for
blood or imbruing their hands in gore, they scoff at
their own wickedness, or laugh at their own misfor-
tunes. When the Mississippi bubble buyst, and hund►eds
of thousands were at once reduced from affluence to po-
verty ; when popular indignation. was directed against
Law, the author of the scheme, whom the mob were
atizious to tear in pieces; Paris was inundated is itb epi-
grams and jeuz d'espiit like the following:
Lundi j'achetai des actions A
Mardi je gagnsis des millions;
Metcredi j teas men menage;
&Judi jepris un equipage;
Vinniredi je Wen (us au bal;
Et Samedi a l'hopitaL
A quatrain addressed to toe Abbe (afterwards Cardinal)
de Tench), who had the principal hand in Law's cos•
version to the Catholic faith, may also be quoted as
illustrative of this national peculiarity.
Polo de ton sole seraphique,
Malbeureve Abbe de Tencin !
Depuis quo Laws est catholique,
Tout le royaume es capucin.
And many similarezemplifications of the characteristic
levity of this race migl.t be found, even during the
darkest and most disastrous periods of the Revolution.
5. In the national character of every people there are
fr,quently to be found the greatest paradoxes. The'
duel German is often extravagantly imaginative; the
volatile Frenchman sometimes plodding and industri-
ous. All the bigotry, and ignorance, and narrow-
mindedness of the Spaniard, have not uprooted from
his nature a certain loftiness of spirit, and chivalrous
generosity of feeling, which have signalised themselves
in the performance of truly great actions ; the commer-
cial and trafficking habits of the English co-exist with
a liberality which knows no limits, and astern integrity
which all nations have acknowledged. Among the free
people of America slavery has found the most deter-
mined supporters, and slaves the most hard-hearted
task-masters. Such examples might easily be. multi-

plied to almost any went.
6. Nations, like individuals, are governed by view,
of interest more or leis ealightened, according to siti►'
cumuances ; we mean, in all cases where their put.
sions are not powerfully excited ; for nations, like rod&
aiduals, sometimes give way to passion, which, wheat'
becomes endemic, is not only a great calamity in itseg,
but also a fertile source of calamities.
7.' The main element of uncertainty, that enters into
political- reasonings, arises from the impossibility of
mating a due allowance for the influence exerted by
passion, in one or other of its manifold modificatiose.'
upon the minds of those who have the power of rep.'
lining and controolling evenu: In the long run, how-
veer, motives and views of interest prevail; and beat
accidental and temporary aberrOons, produced by,
smidentel and temporary excitement, do not in the end

. "

PA' SEVENPENCE.

. .
materially affect the trash of the principles of political
science, deduced from a comprehensive induction of
facts supplied by history and experience.
8. Chance or contingency is name for. an effect of
which we do not know, 01' are unable to. estimate the
Mu; but as every definite effect must have as equally
definite cause, so, absolutely, there is no ouch unit as
a contiogent event. In shore, every class of trent: or
occurrences must observe a general law, which may
always he discovered by considering them in then ass.
Take, for example. the proportion between the sears;
' we knsw not the principle by which thisis regulated in
'iedividurlor in a smalt number of instances; but'when
we take the gross population of a cctintry at different
periods, slie observe that this eircurwrance, how rode.
terminate :never it may at first sight appeir tti be, ob.
serves a general law, the deflections or deviations Qum
tallith are confined within the narrowest limits.
Si. The same principle applies to the actions of man-
kind. taken is made. Individually considered, they
may seem the results of pore caprice and folly ; viewed
in the aggregate, they assume a different aspect. :ai d
arrange themselves under general laws. They are.like
the drops of rain which fall to the earth detached and
separate, but, nevertheless, speedily unite and flow to-
gether, in obedience to the great law which predomi.
nates in every particle of matter.
10. Absolute freedom of the will implies absolute
contingency. But there is no such thing as absolute
contingency ; and hence, also, there is no such thing as
absolute freedom of the will, which is incoml,.tible
with the existence of general laws. Were men perfectly
free, it would be impossible to found any reasoning
whatever upon the experience and observation of the
past.
11. The principle of moral obligation is utility. No
action can be denominated good that is purely and es-
sentially mischievous; no action can be denominated
evil which is directly and evidently beneficial—'akung
this term in its largest acceptation, as applicsblenot to
a part but to the whole. Hence, the morality Of im•
morality of actions depends entirely, not upon the tree.
dom of the will, but upon the circumstance whether
they are calculated to prose beneficial or the reverse.
This is a simple test, and puts an end to a great variety
of nice and perplexing distinctions, which serve lather
to mislead and pervert than to guide and direct our
judgments.
12. The different theories of morals are all destined
to merge in that which resolves the character of actions
upon the principle of utility—a principle which extends
to legislation as well as to morals, and which simplifies
the rule of judgment, while it affords a ready and in-
fallible criterion by which ts test every act done either
by an individual or by a c,llective body of men.

COURT OF EXCHEQUER, DUBLIN, Jove 6.

Sittings in Nisi Prins.

THE RIGHT REVEREND 010101 DR LA POER, LORD
BISHoP OE KILMORZ O. THE RIGHT HONOURABLE

LORD PLUNKRTT.

Thi, case, which excited much interest, having been
axed for Saturday, the hall of the Court was crowded
at a very early hour. At a few mintres after eleven
o'clock the doors were thrown open, and in a moment
reery seat was tenanted. Shortly after Baron SMITH
t,,ok his seat upon the Bench, when the names or the
Jurors, •ho were e.pecially summoned, were called
over; Its only eight nattered, the roll was called over
a second time, en lines of 201. The addendon induced
two more to answer.

Mr.O'Courim.r. said it was necessary to have the panel
called a third time. upon a penalty of 501.
Baron Saturu—Lat that be done.
Sergeant GooLo.—And the fine shall most assuredly
be levied.

The twelve persons who had been summoned not
having answered, a tales was prayed, and immediately
after the following Gentlemen were sworn-upon the
Jury—
Alderman Abbot, Foreman.; Robert Whit., Francis Saigon, T.
Crossthwatte, John J. Taylor, S. Boileatt, Ricbald ItoPinson, it.
Connolly, Riebard Williamson, Francis Mills, Henry Rearm, and
Joseph Whitt, &qrs.
Mr. Fox opened the pleadings. In this case, he said,
the Right Reverend Father in find, George de la Peer,
Lord Bishop of Kamm., was plaintiff, and the Right
Honourable William Conyngham, Baron Plunkett,
was defendant. It •was an action of assumpaif. The
declaration contained three counts. The first count
stated, that the plaintiff sold to the defendant divers
horses, mares, and geldings, for 2001.—the second cow t
stated, that the defendant had agreed to pay ,he
amount—and the third count was upon a quantum
oneretit. The defend 4nt pleaded non assuming. -
Mr. JoinriTow, K.C. stated the case. This was an
action brought by the Lord Bishop of Kilmore, to re-
cover the price of a pair of carriage horses, sold to the
Noble defendant in the month of July, 1528. The price
was 2001. and the sale and delivery were not disputeJ.
The defendant resisted payment upon two grounds, both
of which it was essentially necessary to his Lordship's
case should be sustained. The first ground of objection
was, that the horses were warranted sound by the plain-
tiff; and the second ground of resistance was, that the
hones were not sound. 1 be questions then for the Jur y
to consider were two—first, whether a warranty had
been de facto given, and if so, were the horses unsound ;
and secondly, who gave the warranty ? whether it was
the Bishop, who alone was enabled to do so, or Dycer,
who had no authority to ensure the horses. That Lord
Plunkett bad no knowledge personally of the transaction
must be admitted, and that his Lordship was erro-
neously advised, would appear manifest to the Court and
to the Jury, as soon as they beard the evidence. Tne
circumstances of the case were briefly these—TheLord
Bishop of Kilmore wanted a pair of carriage horses,and
in the month of October, 1827, he commissioned his
agent, a Mr. L'Estrange, to buy a pair oI young horses
at the fair of Ballinasloe. Mr. L'Estrange accordingly
purchased a pair of untamed. four years *ld colts, fur
which he paid the sum ot/110.guinees. These were
the horses is question; they were bought from a Mr.
White, who bred 'them anerwho would on the table
swear that they were sound at' that time. From 8.1.
linadoe the horses were brought to klmore house,
whence they were sent by the Bishop to Bello:bet, in
order to have them rough ridden by orre of the Dragoons
who were there quartered. In the middle of the ensuing
January(lß2B), they were sent to Dycer's repositorifor
the purpose of bavingjthem broken into doable harness.
At this time there was no idea of selling them.—
The beauty of the animals caught the attention of
11moy Gentlemen, and samegst the rest of the Moo.

and Reverend Mr. Pliakeateshei was m the time look-
leg out foe a pair of carilage *tomes fbr his fathers die:
sable defendant in this *woo. Mr. Plunkett, as well
Lkmeshy others, inquired if the hems were for sale, and
ilfe.Dycer‘ploisys replied in the negative. Dyes,. at,
kerbs eaked Mr...L'Estrange.if. be thought the Bishop
dispeiseld7the-hasesi -Mr:L'Estrange said he.
.thelten his Lordship smild sell them, as they were a
- little. 0o large-hie his user and at the same time asked
' Dycer sehathitheight they were worth. Dycer said
two Modred pima& Mr. L'Estrange bid Dycer
.sell them for two hundred pounds if be got it.
to My the holies were seat hobo, end ran under the
*Bishop's Carriage until the 9th, on which day his Lord.
- • eliip received a note boat Dycer, as faIIOSSI
"Mr Loss—l can dispose of your Wren for 1001. galpaidad
- • ehey are oak -sod without my Wahl, but as they went whm
leaving Dahlia; if woad diem op. and pat their caps Oa trance'
" EDWARD DYCEL.
• Tbe.aishop not having answered this letter until the
12th. received another note on the 12th from Dye's,
exactly to the same effect as the former one. However.
the Bishop's answer ',fifer Dublin.before Dycer's second
one arrived; and this letter of the pleietirs .deserved
the particular attention of the Jury. It ran nearly as
follows:
esa-.1 have received your note. and ban to say that the hones
• tire is better condition than whets they came to ray stables. I.ela
In so harry to pan with them ; although. indeed. I think they are
• Saarewkat sou large for this part el the country. I *Shot Maw
that out of she yard until they are sold, as I don't like to nut any
' tlsk Of kiwi's( them. The moment they len, net 'lord 'bin are
'sold. Ibould the Gentleman who wants to bey then choose to see
• Wet Way gables. I will be baggy to see bin; or is we be should
puler laming his servant. he skall be taken tare e(.
. Mr. Dycer." M GEORGE, KILbIORE."
Mr. Plunkett. on receiving this letter, brought it home
. :fee the purpose of consulting his brothers ; and on re-
turning in about three hours after, bid Dycer write to
theßishop, saying that LordPlunkett's coachman would
go for the horses the next day. Mr. Plunkett at the
• same time asked a warranty of soundness; but Dycer
refused to give any, saying, so There is the Bishop's let-
ter, and beyond it I cattaot and will not go." Even if
Dycer had given it, he (Mr. Johnston) contended it
would not be binding upon the Bishop, whose explicit
letter Mr. Plunkett had in his hand. The Learned
. Counsel cited the authority of Lord Eldon in sup-
- port of his view of this part of the case. He (Mr. J.)
admitted •that Dycer had previously offered to sell the
horses for 2001. but at that time there was no bargain
made, no sale effected, no contract entered into. Mr.
Plunkett had then seen the &uses, and their faults and
blemishes, if any they bad, could not have escaped his
• notice. On the 16th of Jely the coachman left Old
. Connaught for Kilmore, and arrived these that night.
The sale, according to the Bishop's letter, was made
at this time. On the 15th of July Dycer wrote a ri-
vete letter by post to the Bishop. It ran thus—
" Mr Loao—l sold your hones to Lord Plaskett for coal(
sound Impales your Lordship's yard. Give them to the coachman.
&swami Demo."
This was the letter upon which Lord Plunkett rested
. his case, because it contained, as be alleged, an avec-
conditioo upon which the horses were to be
,„ „given op. Bat this was a great mistake, as the Noble
defendant could have known nothing of the letter; and
moieoirer, Dyeer had no right or authority to make any
,stipulations. The horses came to town on the 18th of
•Jnitt, and am brought to Dyca's shortly after by the
coachman. in company with Mr. David Plunkett, who-
se used to receive them, on the ground that they
. were unsound. It was necessary to remark, that the
coachman g t no money from the Bishop. and this
• might in some measure account for the sudden
dislike to the horses. Dycer, however. refused to
receive them in the name of the. Bishop, and they
were accordingly packed off *pain. without any
communication or explanation to tie Bishop, toKilmore.
The plaintiff refused to admit them into his stables,ad
the coachman brought them to Cavan, where be put
them into livery stables, and where they remained ever
since. Farmers, smiths, and veterinary surgeons had
since then frequently examined them, and no complaint
could be found in•them. It was alleged that they had
corns at the time of delivery, but this most be a mis
take. But if it even were not, still the Bishop was not
sore &able for them, as no warranty was given. The
notion that a high price presumed a warranty was now
exploded.
Edward Dycer sworn—Knows the horses in question;
had them in his yard; they came to him on the Slat of
July, 1828—(Loud laughter).
Mr. O'Comune—The Slit of February you mean—
(Cootinaed laughter).
' Sir.WALLutra-rThat is' a clear mistake.
Sergeant GOOLIN.4IIIIB you begin your case by a
Mi-take.(Laughter).
eider WALLACID—.Much better than end in one.
The witness here drew out a memorandum, and was
shwa to look at its contents, when
Mr.O'ComNll4. objected to the witness's reading from
any thing stolen the books of his office.
• Mr. WALL:ice—You had better send for the books.
. Mr. O'Connau.—And for your money also.
, Mr. RoLearroe—l must call Mr. O'Connell to order.
--(Laughter).
Mr. O'Comettee— Ohl can't be bead at the table
—(agars of laughter).
Dicer then went down, and the next witness called was
Mr. J. White, a Quaker, who averred that the horses
in question were bought from him for one hundred and
ten guineas, at die fair of Ballinasloe, in.October,lß27,
by Mr. L.'Estrange ; they were then quite sound ; one
of them had a swelling on the off foreleg, but this was
no impediment; they were foaled at Edeoderry. in the
King's county; never had them examined for corns.
Cross-examined by Sergeant Gooeo.--The trainers
would of course lessen the value of the horses; they were
reared on ground which was intermixed with bard and
soft parts. •
George L'Estrange examined by Mr. Horses—Had
remarked the swelling on the fetlock when be bought
the horses from the last witness; considered them, And
does still think they are sound; saw them run in the
Bishop's carriage. and never remarked them lame.
Cross-examined by Mr. Ban sirrr—Understnod from
the Bishop. before they were sun in the carriage, that
his Lordship would take 2001. for the horses.
Dyer was again called upon the table—He swore
. that the bosses came to his stables at the Slit of Jan.
they left du the 26th of March, and were able to work
every day with him. Saw them every day ; they were
kehle knowledge perfectly sound; saw the Rev:William'
Museum often at his Yard ; be was wanting to buy a
. pair of horses for Leta Plankett's carriage • be saw
these horses in busses; he was out in the break with
them • be bade the witness ask if the Bishop would
-sell these horses, and offered 160 guineas for them ;
, the enemas said the Bishop would not sell them under
200 L fdir. Plat a second lime offered 170 pounds;
he looked at the bursas in the way of a man who was
• Oat purehasissA them ; told Mr. L'Estrange that Mr.
Plaskett bad offered 1701. for the horses, and asked him
it the Bishop would sell them? Mr. L'Estraoge said
. thely meld be add for no less than 200 k thinks they
Waif worth 200 guineas; there was not a finer patrol

lighi

bones in Debra; told iir.rankett they were branighti
to DeWitt net for sale‘listote be broken into harness;
Mr. I:Estrus* gambits a draught on Ball's bank for
the livery of thalweg,' *bite in "his stables ; saw them
last on the 15th of July, 1829.(Laughter).
GO'Cosizra. —oo the 15th J u1y,1829 (Laughter.)l
Mr.WALLece—You know Pastorini is nothing to,
Mr. &Conan at taking out things—(Laughter).
Dycer's examination continued—Saw the horses on
the 12th July, 1828; when he talks of " blemishes,* in
his leiter to the Bishop, he alludes to those which were
on the horses before they left for Kilmore, and which Mr.,
Plunkett saw; the blemishes were a on, harsh, and a
mark on the rye of one of the horses; these were no im.'
pediments in his opinion ; told Mr. Plunkett the horses
were sound ; told him positively that neither be nor the,
Bishop would give a warranty; on the Sunday after the!
horses came from Kilmore Mr. Dycn and Mr. Plunkett
returned them, saying they were unsound and stumblers,
and that the coachman told him so; Mr. David Plunkett
said a warranty was Riven; witness denied this, and said
be could have given no warranty, unless what the
Bishop's letter contained.
Cross-examined by Mr. O'Conuntx—Does not write
as well as his clerk; the letters to the Bishop are in the
clerk's handwriting ; had warranted the hones sound is
Dublin, at the time Mr. Plunkett offered 1701. for them.
Does not mean to say that Mr. Plunkett offered 1701.
for sound horses, and 2001. if they were unsound. Knows.
Mr. Wm. Plunkett, and had sold him horses.
Mr. O'CustiaLL—You sold him a horse as sound for
eighty pounds?
Witness—l did.
Mr, O'Connacz—Did you not sell the same horse in
a fortnight after in your own yard for 261.
Witness—l never did. _ _

Mr. ostazia.—So you can get your clerk to write
to a ♦eterinary surgeon, desiring him to make light of
corns? Wituesss—l do not.
Mr. O'Cousat.t. (handing the witness a paper)—ls
that your handwriting ?
Dycer—lt is.
Mr. O'Cormas.t. then read the note as follows—
" Dear Walker—Please pass off the corns u Uglady u pose's
to Lord Miltown, u he would keep the horse. and you will alp
yours, &e. " EDWARD DYCRIL
" Mr. Junes Walker, Marlborough-street."
The reading of this letter produced shouts of laughter.
Mr. O'Cossau.—Did Walker pass off the corns
`qtly?
Dycer—He did not.
Mr. O'Coat+ar.c—•• False as Dynes oaths l° Now.
if Walker passed the horse as sound, be would have
much obliged yon ?
Dycer—He would ; Walker passed the horses un-
sound ; Mr. Plunkett did not tell witness he would net
buy the horses unless they were warranted; did not say
to Mr. David Plunkett, you vaunt* send home the
horses too soon ; if the Bishop gets a verdict, the wit-
ness recovers 101. commission.

Mr. O.CONNILL.—.Oh 1 then you may vote these
timefi—(Lauebter).
Mr. WA LLACII--Yos had better canvass him in time
—Continued laughter).
Dennis Kennedy sworn—Had shod the bones for
Mr. White; they had no corns then.
Samuel Stuart examined—The horses ate in bis stable
since July last; they are not lame; they were not lame
.rote they came there; they were shod three times ;
they were inspected by farriers. sad no corns were found
on them : their feet were stuffed with horse dung.
Richard Johnson—ls a veterinary surgeon ; saw these
hones; 'examined them lately; they have no corns;
UDC of them has a cap-bough; they ate now sound, but
have some blemishes.

Cross examined by Mr. Sergeant GooLD—One of'
them is crib biter.

John Garvey—ls postilion to the Bishop of Mason;
(hove these horses; never perceived them lame.
Mr. R. H. French stated that he was one of the re-
ferences to whom the case was lett for arbitration, and
that he and Mr. Burrower did not agree.
The case for the plaintiff closed here.
Sergeant GOOLD, for Lord Plunkett, addressed the
Jury. He said he had the honour of knowing both the
parties, and that he was astonished the Bishop should
have taken this action. It was the first time he had
ever known such an action to be taken by the seller.—
It the hones were sound, then, as a Gentleman and a
Clergyman, it became the Prelate to take them back,
rather than go to law ; and if they were unsound, then
was it possible a Bishop of the land could think of
forcing Lord Plunkett to pay 2001. for them? The
Right Rev. Prelate did not appear to follow the rule of
his D:vine Master, not to abide by the Gospel precept
—"" If a man go to law with thee, and that thou losest
thy coat, let him have thy cloak also"—(Laughter).
The Learned Sergeant contended that a warranty had
been given, and that the Jury were bound to find for
the defendant.
The Hon. arid Rev. William Plunkett having been
sworn, stated that:he had bought the horses (tons Dycer,
on the condition that they were sound; he would not
otherwise have offered 2001. for them. It was by his di.
sections that Dycer wrote the letter of the lath July to
the Bishop—(This was the letter which contained the
directions to give the horse► if they were sound).
On his cross-examination, Mr. Plunkett itated that he
did not form a very high opinion of Dyces's veracity or
Character.

Mr. Da•ird Plunkett swore that when he brought tte
bones to llycees, and said they were unsound, the latter
said to him (Mr. Plunkett), "the sooner you send them
home the better."

James Walker, jun. examined—ls a veterinary sur-
geon ; saw the hones in quebtiou ; they were then (July
1828).perfectly unbound; they had corns on each of
'their tore feet.

Cross-examined by Mr. WALLACC—A corn is an
lextravasation of blood into the curney sole, and is pro-
duced by a bruise, renders horses unable to work, and
is liable to recur.

James Walker, sen. corroborated the former testi-
mony, as did James Walton, another veterinary surgeon.
Mr. WALLACE replied at great length, and with his
wonted ability. The Learned Gentleman contended
that even though Dycer did nor ensure the horses to be
sound, yet the Bishop of Kilmore was not bound by
any such warranty, especially as Mr. Plunkett bad seen
his L ,rdbhip's letter.
Baron SMITH, at half-past severs o'clock, began to
charge the Jury, who Guild for the plaintiff—Damages,
2001. and 6J. cr,sts.

Yesterday morning, about ten o'clock. a fine little
girl, aged three years, named Ann Stooebank, whose
parenu reside in Brighton-street, Cromer-street. Bruns-
wick-square, was playing with some children at the
upper end of the street. when a cart with two horses,
heavily laden, turned out of Cromer-street, and before
the poor little creature could escape with her compa-
nions she stumbled and fell, when the wheel of the cart
passed over her head, and crashed it dreadfully. She
' wits sonveyed to Middlesex Hospital without the slight-
est hopes-of recovery.