The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-01-24 00:00:00

HOUSE OF COMMONS.-TUESDAY.

After many petitions had been presented for private bills,
several others were presented by Sir R. Inglis, &c., for the
extension of church accommodation; by Mr. Fox Maule,
from the Royal burgh of Elgin, and three other places in
Elgin (founded on the result of the appeal cause in the
Anchterarder case,) against the introducing of ministers into
parishes against the wish of the parishioners, as being con-
trary to the constitution of the church of Scotland ; by Mr.
O'Connell, from Monaghan, praying the house not to con-
sent to the restoration of Orange domination in Ireland.

STOCKDALE VERSUS HANSARD.

Mr. KELLY presented petitions from the sheriffs referring
to the resolutions of the house in the case, Stockdale v. Han-
sard, declaring that they bad been guilty of breach of privi-
lege, and ordering them to refund to Messrs. Hansard the
amount levied, in which they expressed their deep sorrow and
concern that they had incurred the displeasure of the house,
especially as they had considered that they were only ful-
filling the duties which they bad sworn to perform.
The petitions were read and ordered to lie on the table.
Mr. SLANEY gave notice that on Tuesday week he would
move for a committee "to inquire into the causes of the
discontent existing amongst a large portion of the population
in many of the manufacturing districts, with a view to remove
the evils and remedy the complaints, so as to strengthen the
affection of the people to the institutions of the country."
And he stated that Mr. Pakingtoe would on the same day
move for a bill to amend the laws relating to the sale of beer.
Mr. F. FRENCH gave notice, that on the 31st instant, he
would move for an address praying her Majesty to appoint
a medical commissioner on board, for the purpose of improv-
ing the medical profession in Ireland.
Mr. MACKINNON gave notice that, on the 30th instant,
he would movefor a bill to improve the laws relative to turn-
pike trusts.
Mr. HUME moved for a return respecting all the sums
paid out of the consolidated fund to the several branches of
nual F ml• in ?h.. ling and liqPn • -'- -
account of all the sums paid, during the same period, to-
wards her Majesty's civil list • which was ordered.
Sir R. INGLIS observed, that in order to make that re-
turn complete, it ought to contain the whole amount which
her Majesty would have received, provided she had not been
advised to give up her hereditary revenues.
Lord J. RUSSELL said that there could be no objection to
the production of both accounts.
• Mr. HUME added, that the only difference between the re-
turn he had moved for, and that desired between Sir R.
Inglis, was that his return would show the actual amount of
the money received, while the one which the hon. baronet
wanted would only show an imaginary amount. He took
that opportunity of giving notice that if the proposition of
making an annual allowance to Prince Albert of £50,000
should be persisted in, he should take the sense of the house
as reducing it to £21,000, so as to place the allowance on an
equality with that of the other members of the Royal Family.
Mr. KELLY then moved, on the petitions previously pre-
sented by him, that the sheriffs be called to the bar for the
purpose of being discharged from further attendance.
Sir R. INGLIS seconded the motion.
Lord J. RUSSELL moved as an amendment the resump-
tion of the adjourned debate. The motion proposed by his
Lordship at the previous sitting, for the commitment of the
sheriffs, being again put,
After further and considerable debate, in which Lord
TEIGNMOUTII, Mr. LAW (the Recorder), Mr. Erie, Mr.
DISRAELI, &c. took part, the house divided on Mr. Kelly's
motion, for which there was—ayes 99, noes 210 ; majority
against it 111. _ _

-The house then proceeded to Lord John Russell's motion
of the former night, the proposition that the sheriffs be com-
mitted to the custody of the sergeant-at-arms, and on that
question the house divided—the numbers were for the motion
195, against it 95 ; mejority for the motion for the commit-
ment of the sheriffs, 101.
Lord J. RUSSELL then intimated that it was not hislinten-
tion to proceed against the under-sheriffs, or the sheriffs'
officers ' • therefore on his Lordship's motion, they were dis-
charged from further attendance. He would, however,
move that Mr. Howard, Stockdale's attorney, be called to
the bar ; but the propriety of examining him, so as to crimi-
nate himself, it will be observed, called forth discussion.
Adjournment was moved, to which Lord J. Russell said he
had no objection ; but at the next meeting of the house, he
should proceed with the case. He was for proceeding with
the subject now.
Mr. KELLY said he should oppose the bringing to their
bar any other person on account of this transaction.
Mr. LAW proposed as an amendment, that the house do
adjourn.
Lord JOHN RUSSELL moved that Howard do attend on
Wednesday.

The house thereupon divided, and the numbers were—for
the adjournment, 39 ; against it, 113 ; majority against it, 74.
Howard was then ordered to attend on Wednesday.
Lord J. RUSSELL, in answer to Col. Sibthorp's inquiry,
said that he should bring forward the proposition regarding
Prince Albert ; but that the question of privilege would have
precedence.
Lord J. RUSSELL brought in a bill to carry into effect the
recommendations of the church commissioners, which was
read the first time.

Mr. E. TENNENT obtained leave to bring in a bill for ex-
tending the copyright in designs in calico-printing from three
to twelve months.

Col. SIBTIMILP said that he should move•a clause making
the annuity of Prince Albert cease, should he survive the
Queen, except he. resided six months in England each year.
The remaining business being disposed of, the house ad-
journed.

HOUSE, OF LORDS—WEDNESDAY.
The House of LUrds did not sit this day.

HOUSE'. OF ,COMMONS-WEDNESDAY

Mr. Alderman Wiaun gave notice that on the 27th instant
he will move fur ,the appointment of. a select committee to
consider of improvements in the metropolis.
Mr. PEFroa gave notice, that on Monday next he will
put some questions to Lord Palmerston relative Ito the civil
war in Spain. .
Lord J. RussELL stated, in answer to a question from Mr.
Christopher, that-he hoped to be able, before Easter, to in-
troduce a measure to effect certain improvements in the Poor
Laws.'

The CHANCELLOR os the EXCHEQUER stated, in answer
to a question from Colonel Conolly, that he had no intention
of introducing a measure to repeal the drawback on malt.
The CHANCELLOR of the EXCHEQUER also stated, in an-
swer to a question from Sir R. PEEL, that he will, as soon as
possible, lay on the table returns showing the result of the
reduction of postage.

Mr. F. MAUL stated, in answer to a question from Mr.
MACKINNON, that it is the intention of government to intro.
duce a measure, making certain alterations in the count)
constabulary act. _ _

The house then resumed the consideration of the question
of privilege, arising out of the case, " Stockdale v. Hansard."
Mr. T. DUN CO MBE moved for copies of the warrants under
which Stockdale and the sheriffs had been committed to
custody.
Lord J. RUSSELL said it was very unusual to make such
an application ; but the motion was ultimately agreed to.
Sir E. KNATCUBULL asked whether it was intended to
remove the individuals, now in custody, from the house ?
Lord J. RUSSELL answered that it was not. It was
stated that there would be, elsewhere, an application for a
writ of habeas corpus ? and, under all the circumstances, it
was deemed advisable to keep the prisoners in the custody
of the house for the present. The noble lord, having moved
that Mr. Burton Howard, the attorney of Stockdale, be
again called in.
Sir E. SUGDEN, as an amendment, moved to add the
words "for the purpose of being forthwith discharged." He
contended that there was no necessity for this further vindi-
cation of what were termed by the majority the privileges of
that house, by the exercise of a power that was already ex-
hibited in the committal of Stockdale and of the sheriffs into
custody.

TheATTORNEY-GENERAL opposed the amendment. The
attorney had proceeded in the action, in the knowledge that
he was thereby acting against resolutions of that house. The
object of his commitment would be to deter others from act-
ing in a similar manner. There was no ground for hesita-
tion, and, unless the house agreed to the present motion,
they would stultify all their former proceedings in this mat-
ter.

A long and heavy discussion-.followed. Eventually the
house divided on the motion ; and it was decided by 178 for,
and 68 against the motion, that Mr. Howard be called to the
bar, reprimanded, and discharged. The motion having been
carried, Mr. Howard was called, to the bar, reprimanded,
and discharged.
On the motion that the house resolve into committee on
that part of her. Majesty's speech which related to the mak-
ing of a provision for his Serene Highness the Prince Albert,
Lord J. RUSSELL said that he had, as closely as possible,
endeavoured to follow precedent. •
Mr. GOULBURN urged the importance of having the fullest
information possible on the subject, previously to being called
on to sanction any vote or proceeding.
Lord J. RUSSELL said that, under such circumstances, he
was ready to defer his statement until Friday.
The Bill for the Exhibition of " a Bill for the Naturaliza-
tion of Prince Albert" was then considered, and proceeded
with. After some conversation, the house adjourned.

fact annoanced inrirh We remember seeing the im-
portantTHE REWARD OF MERIT.—We
the Sultan, in consideration ofeministerial newspapers that
the eminent services, and out
of respect forgtrohceiogorselayt
pleasedtalent to
Lord Viscount Palmers-
ton, had been
the illustrious order of Nichan If r, and to transmit the
'limited with diamonds.
Ystnartnentferthat the Sultan has
TinhseignsiaemtoahfliAsolroerdsolftip.l„isairdseenildieidsl
same important
been also graciously pleased to
and distinguished decoration on ofueraittelsrie,-the clown at the
MCDB
be conferred on on the cele-
bratedistribution '
to this honour-
Circus, "in token of the delight his
e afforded his
Sublime
juggler
Majesty:ggler.RoLipttei.s aTlshootod
honour-
able distinction must be extremely gratifying the Foreign
Minister of the thimblerig Cabinet.—John 11.
For the amusement and information of teetotallers we may
state that the average value of the hops consumed in the
total of
United Kingdom, amounts to £2,000,000, sterling annually ;
and the
per_annum.
5,361,000 qrs. of malt to £16,000,000, making a
£18,000,000 per annum for beer" The actual value
NOVEL PIECE
ofbread
annum.—Doncaster Gazette.
consumed, on a mean of several years, is £30,000,000
which, as a
nism has lately OF INIACHINERY.—A new piece of mecha-
nism put in operation in the city of Glasgow,
inventor the Whio.
everything ofitteTaaving machine,
bids fair to surpass
Ind ever invented. It is called by the
rado
of signatures to and
combina-
tion of the
the airr
paper-making
beers a work of immensewlhait
graPhist, and seems to be a
printing machines. The pro-
curingradical petitions has hitherto
anxiety on the subject of labour
but now, by calling in and considerable expense ;
of the Whigradographist, all
and expense is done away
with. We have neither time nor
is mention, that,
isneapable of throwing
de-
scription of this novel engine, but shall to give a minute a
to letters an inch
hour, in all their
with the help of a couple of boys, 7t
qouf
etnweos thousand sal ntdh
esigsnnlaatluatsihaz
long, and at all their wonted angles of
usual grotesqueness,
inclination,
tiug the flourishes if desired. The Glasgow an.not omit-
petition being in a desperate hurry, the Whigra:ic°mlaw
one day this week was made to throw off as many oxihist
signatures in ten hours, and we believe it is still going 25,0000 a
the same rate of speed. We have not heard the name-ofnthet
ingenious inventor, but we happen to know that the Edin.
burgh whig clique have ordered one for their sole use, and
that the radicals and chartists are in treaty for another, but
the
_inventor is rather shy, the necessary funds not being
forthcoming in the shape of hard cash.--Edinburgh Evening

COURT OF QUEEN:S BENCH.--WEDNESDAY.
(Sittings in Banco.)

STOCKDALE V. HANSARD.
It being generally known that this important case was spe-
cially appointed for argument to-day, the court long before
the usual time for commencing business was crowded. There
was a most numerous attendance of barristers. .
Lord Denman, after delivering judgment in two cases of
no public interest, directed the case of Stockdale v. Hansard

to lie called on, which was accordingly done, when •
Mr. Richards said, in this case he appeared in behalf of
the Sheriffs, who were called upon to show cause why they
'should not pay over to the plaintiff the damages levied under
the execution, and he bad to move that the rule be discharged,
leaving the plaintiff to his remedy by action against the She-
riffs to recover the sum now in their hands. This case was
distinguishable from the common cases in which cause was
shown by the Sheriffs. It was laid down in all the hooks,
that there are four remedies in the cases of Sheriffs Where
money has been levied under an execution issued in an action,
but these remedies were in substance two—either by apply-
ing for the summary interference of the Court or by action.
The facts in the present case, as they appeared on the affi-
davit, were that an action had been brought against Messrs.
Hansard, who had proceeded to judgment—that the money
had been paid under an execution issued upon that judgment,
and that a demand had been made foi the money by the
plaintiff, but that it had not been paid. On behalf of the
Sheriffs he would suggest two grounds why the rule should
not be made absolute. First, that the Sheriffs were in a
situation of great difficulty—that it was impossible for any
person filling the ministerial office which they held, to know
precisely what they ought to do, or how to escape the perils
by which they were encompassed, and he trusted their lord-
ships would, under such circumstances, leave the case to be
determined by the highest tribunal in the country, the House
of Lords. The first ground on which he claimed their lord-
ship's indulgence was, that an order had been made by the
House of Commons.

Mr. Platt—l have received no such affidavit. There i§
not a word about the House of Commons on the affidavit
which I have received.

Mr. Riohards.—The affidavit annexed the votes of the
House of Commons. •

Mr. Platt—My learned friend is mistaken. I see no such
affidavit. I had a number of papers put into my hand yes-
terday, but the Times newspaper might as well have been
given to me. _

Mr. Richards.—l have also another affidavit which will be
sworn in a moment, to the very proceedings which occurred
last night.

Mr:Platt.—l beg pardon. My friend, Mr. Kennedy, says,
he saw the affidavit yesterday.
Mr. Richards said he had been yesterday furnished with
an affidavit, stating that the House of Commons, by their.
votes, had ordered the Sheriffs to pay over the amount levied
in this action, to Messrs. Hansard, the defendants. Now
the matter went further because last night the Sheriffs were
committed, no doubt for not paying the money, but the war_
-r —...mitment did not state the, cause so as to allow a
court of law to juriza of its legality, but merely that they
were committed for contempt. He would not go into the ge-
neral question, but would submit the case of the Sheriffs to

their lordships as one to which they would grant such indul-
gence and protection as the power of the court could afford,
because, unless the rule should be discharged, it must be fol-
lowed up by an attachment for not paying the money accord-
ing to the order of the court, the consequence of which would
be that when these gentlemen were released from the custody
of the Serjeant-at-arms, they must be committed to the cus-
tody of the officer of the court, unless they should pay over
the money according to their lordships rule as well as accord-
ing to the order of the House of Commons. He had no doubt
their lordships would interfere, if they had the power, to
prevent the question being tried in the persons of the Sheriffs.
If the rule should be made absolute the question could not
be carried any further, but the money would have to be paid
twice over, and he trusted that as these gentlemen had de-
clared bona fide, if their lordships would give them the op-
portunity of ascertaining whether they were by law com-
pelled to pay the money twice over. He did not think he
should be acting correctly by going further into the case, but
would put it to their lordships on the ground of granting
such indulgence as they could to the sheriffs. He (Mr. R.)
had stated that there were two grounds for the present ap-
plication. The second was that Mr. Stockdale had been an
insolvent debtor, and that his assignees had given notice to
the Sheriff, that they claimed the money as belonging to
them under the process of the Insolvent Debtor's Court.
Lord Denman.—The assignees under the insolvency have
not, I believe, made any application to this Court.
Mr. Platt.—None, my lord.
Mr. Richards was not aware of that. The proceedings
under the authority of that Court entitled the assignees of
an insolvent, who might have acquired property after his dis-
charge to apply to the Court. The question now was, whe-
ther they were to pay the money twice over, or, as his
learned friend (Mr. Watson) suggested, three times, namely,
to the plaintiff, to the assignees, and under the order of the
House of Commons. He did not mean to say who might be
right or wrong, but let the rule, be discharged, and then the
assignees would have the opportunity of trying the question.
Mr. Justice Coleridge.—What does your affidavit state
exactly about the assignees of the insolvent ?
Mr. Richards' then read the affidavit of Jacob Walker,
setting forth a copy of the order of the Court that the sheriff's
should hold the money until the Court should make a further
order, and that the' insolvent debtor and the sheriffs siniuld
show cause to the' Court why the money should not be paid
over to the provisional assignees of the estate and effects of
the insolvent.

Mr, Watson followed on the same side. This was a case
in which the summary interposition of the Court ought not
to be allowed. The object of that interposition was to brill.-
the Sheriffs into contempt ; for if the rule should be mad:

absolute, and they did not pay the mone!, their, lordships
would grant an attachment. The proper remedy against the
Sheriff in such a case as the present was by action, The
mode of ruling the Sheriff to pay over money was, he be-
lieved, of modern practice, and was only resorted to where
there was no just ground for not paying over the money,
where no question of law or fact could arise. If their lord-
ships should determine the rule against the Sheriffs-that
would be final and conclusive ; but if they discharged it, 'Mr.
Stockdale might then bring his action, and the Sheriffs world
have the opportunity of defending themselves. If their
lordships should then give jUdginent against the Sheriffs, on
demurrer, the question ought then to be taken to a higher
tribunal, and this he submitted was a right to which the
Sheriffs were entitled.
Mr. Kennedy followed on the same side. He restedhis
case on the two follotn.p grounds the first place, tak-
ing the facts froniMil.. latt's 'affidavit, he, contended that
the application was totally without precedent, as well.as,un-;
necessary ; and in the second place he contended that the
order of the Insolvent Debtor's Conrt, served on the She-
riffs, was a sufficient defence. fopthem- .The learned:mm*l'
contended at considerable ;length that the rule ought- riot,
under the peculiar circr.imstances,of the case,-to be Made ab-
solute; and cited a number.of cases to show :the practice of
the Court in ordering Sheriffs to pay over money..
Mr. PLATT said it now became his duty to address the
Court in support of the rule, and he.had-little doubt but that
their lordships would feel themselves bound to make it abso-
.

lute. The facts of the case were very short. On the 12th
of November the Sheriff executed a writ of inquiry on an ac-
tion brought by Mr. Stockdale against Messrs. Hansard.
On that occasion the jury returned a verdict for the plaintiff
—damages £6OO. The action, their lordships would bear
in mind, was undefended. On the 23d a writ of fi. fa. was
issued out of that court. On the 25th of November a rule
was served on the Sheriffs to proceed to a sale of the de-
fendants' goods. The Sheriffs obeyed that writ and made a
return, stating the facts he had mentioned. They also stated
that they had in their hands the money arising from such
sale, and were ready. if commanded, to pay it over to Mr.
Stockdale. An application was accordingly made for that
purpose, and the Court granted a rule to show couse, which
he trusted their lordships would make absolute. On the first
day of the present term the rule was obtained. And what
was the cause now shown against it? Why, principally, that
on the 15th instant the Sheriffs were served with a rule, or a
supposed rule, from the Insolvent Debtors' Court, not to
pay over the money io Mr. Stockdale, but to that gentleman's
assignees. The affidavits did not state how the rule was ob-
tained, and, therefore, for aught the Court knew, it might
have been by collision, to defeat the verdict of a jury. The
Sheriffs, it was said, were ordered by the Insolvent. Court to
retain the money in their hands ; that was a fact, however,
of which the affidavits took no notice. There was no
proof that this notice was a legal or authentic document,
and therefore the Court could take no notice of it. Their
lordships could have no difficulty on that point. Another
ground of argument against the rule, however, was the pro-
ceedings whic had taken place in the House of Commons.
Under the peculiar nature of those proceedings, the sheriffs
must be committed either by the house or by that court. He
(Mr. P.) saw a smile at this observation, but he was sure the
court would not think it a jocose subject : it was not a trif-
ling question ; it was not a matter of mirth. One branch of
the legislature had ordered into custody two honourable men,
holding high official situations, and he would ask for what ?
Why, merely because they were determined to obey their
oaths, and to support the law of the land. (There was con-
siderable approbation manifested at the observation of the
learned counsel.) Mr. Platt then proceeded to read atlength
the petition of Messrs. Hansard to the House of Commons,
which has been published at length in the debates, and pro-
ceeded to say that the humble advocate who was then ad-
dressing the court, was guilty of contempt of the resolutions
of the Commons' House : but little did that branch of the
legislature know of the temper of the bar, if they supposed
counsel would shrink from the duty they owed to their clients.
Sending the sheriffs to prison for honestly and nobly discharg-
ing their duty, he would say, disgraced the authority which
committed them. He denied the power of the House of
Commons legally to carry the warrant into effect. If the she-
riffs, in the honourable and legal discharge of their public
duty, denied the validity of the Speaker's warrant, and which
they might have done, and the messenger persisted in exe-
cuting it; suppose in such a case the officer of the house
had been killed, the courts of law must have pronounced it
justifiable homicide. A writ had been'regularly sued out, in
which execution had legally followed. That was the short
fact of the case. His learned friends said, the Court ought
not to proceed in a summary manner. Surely the Queen's
writs were to be obeyed, and the Court was bound to see that
full obedience was paid to them. It was idle to talk about
bringing an action against the Sheriffs ; the question had
been treated all along as a contempt of parliament, and there-
fore suppose an action was brought against these officers, and
a verdict was obtained, the next step would be of a writ of
execution issued for the House of Commons to call the Co-
roner, whose duty it would be to execute it, to the bar ; and
if such a course were adopted interminable actions and inter-
minable motions for contempt would ensue. He trusted
nothing which had been said would induce their lordships to
overrate the solemn decision they had given. Why was not
the case carried to the House of Lords as a higher tribunal?
If the action had been defended, that might have been done ;
but the. Attorney-General knew full well that such a course
would-not be advisable, as their lordships must have affirmed
the decision of that Court. A great deal had been said about
contempt ; was not disobedience of the Queen's writs the
greatest contempt a public officer could be guilty of? Was
it not a contempt of the highest civil court in the 'kingdom.
The whole proceedings of the House of Commons was a
contempt of that Court. (Applause.) The house had no
more right or authority to interfere or control the proceed-
ings of that Court than a parish vestry had. (Applause.) A
parish vestry was useful in its place, and so was the House
of Commons—(laughter);—but they had no business to attack
the liberties and character of her Majesty's subjects. The
edt
took
question for their lordship? consideration, however, lay in
a narrow compass. The action was undefended, a verdict
in their
hewasxaencdusgt:i Oa. n
and
fork
there thep
l wa
place. The
therefore,i
Tntiilffe ,
sheriffs a wn roi writ
had
du
excuse
thee r
wihmfy facia' issued,
sissued,
hould
not pay it over to Mr. Stoekdale.
Mr. Carrington followed on the same side.
• Their lordships consulted for a short time, when
Lord Denman requested a copy of the warrant of the
Speaker of the House of Commons for the commitment of
the sheriffs to be handed up, which was accordingly done,
when another consultation of the judges took place, after
which
Lord Denman said that this was a rule calling on the
sheriff to show cause why money paid into their hands by
Messrs.. Hansard, at the suit of Mr. Stockdale, 'should not
be given to the plainiiff. The original action was for libel,
and ju • dgment had been allowed to go by default. A writ of
venditiotii exponas had been issued, to which the answer on
the part of the sheriff was that the levy had been made
and the goods were ready for sale. Some time had been
allowed to the sheriff for his convenience. The plaintiff,
it appears, received the money in the due course of law. The
question then was, what was there to prevent him from ob-
taining the fruits of that verdict. There was nothing which
he (Lord r,
the
enma could perceive. It was said that
Houseof c • h d been
Comoro s disapproved of the law wine a

laid down in that court. If so, for various reasons, he deeply
lamented it, but in whatever manner that disapprobation may
be announced, he could see no cause to prevent the, Court of
Queen's Bench from doing full justice to every one of his
fellow subjects who may require it at their hands. (Here a
murmur of approbation ran through the court.) , With re-
gard to the first resolution of the house, be saw no reason
why the fact of the Sheriff having the misfortune to incur
the displeasure of the House of Commons should deprive the
plaintiff of his just right. No cause was shown why such
should be the case, and, in fact, the Court had not sufficient
information before it to interfere. Another resolution was

that the Sheriff should refund the money to Messrs. Han-
sard. That was no ground of interference on the part"of the
Court. The supposition was made of the Sheriffs; being
deprived of the money by superior force. He did not think,
the plea of vis major applied. It was the duty of the She-
riffs to "pay the money tvhen they had received it. The next
resolution of the House of Commons was that the Sheriff
should'be committed for a‘cOnteinpt of that house.' He was
not at liberty to make any comment'on that, as contempt of
that house may be committed without .at all violating the
rules and orders of that Court by which the plaintiff had no
right to lose his money. If any discretion in. the, matter
rested with him, he should certainly have befo-re made.the
rule absolute. There was as he said here no discretion on
the part of that Court, as the plaintiff here called on the
Sheriff to do that which was the ordinary practice of the
Court. Mr. Kennedy had said that the case was unprece-
dented, but the reason was that unless something extraordi-
nary occurred the practice would never be departed from.
The practice grew out of the relations between the Sheriff
and that Court, whose officer he was. He would not advert
to the various delicate topics which had been introduced, or
to consequences which might ensue, but, confining himself
simply to the facts of the case, they were such as left no
doubt on his mind that the rule should be made absolute.

The other judges concurred with the Lord Chief Justice.
Rule absolute.

The court was crowded to suffocation during the whole
proceeding, and the decision of their lordships appeared to
give the greatest satisfaction to the bar.

MISCELLANEOUS.

An insolvent in a late Gazette describes himself as a

Matrimonial Alliance Conductor."

The day of election of a candidate for the representation of
the borough of Penryn and Falmouth is fixed for this day.
Lo' Howick and Mr. Charles Wood,' on the opening of
the session, took their seats upon the, form in a line with the
treasury bench below the first gangway.
FRANKING LETTERS.—TIie franked letters, under the
old system, amounted to nine millions per annum 1 This at
even a penny each, amounts to X 38,000..
The Nottingham relief committee last week distributed
1,000 stone of bread and 2,100 pecks of.putatoes : 4i5 men
.till unemployed on the forest. •

The loss to the Exchequer consequent on the existing state
of affairs with China will amount, it is said, in the year, to
no less a sum than four millions sterling.
The Earl of St. German's has, in consequence of the un-
favourable harvest in Cornwall, returned his tenants £lO per.
cent. of their rents.

A few days since, two potatoes were dug out of the garden
of Mr. Twist, Anchor Inn, Rhuddlan, weighing 71b. 100 E.
PARCEL CARRIAGE BY THE POST.—A gentleman, who is
accustomed to employ a silversmith at Birmingham, broke a
silver salt spoon at his breakfast table on the morning of the
10th. inst. It was despatched by a penny letter to Birming-
ham to be repaired,-with a request that it might be returned
by the same means.
CIIARTISM.—WhiIe the northern districts and the neigh-
bouring towns are placed in a state of alarm by the infatuated
Chartists, it is most highly gratifying to find that at no for-
mer period of public excitement has Huddersfield ever been
so perfectly tranquil. We hope the Huddersfieldians will
still persevere in the same line of conduct.--Halifax Guar-
dian.

It is rumoured that certain ladies of the Royal household,
whose influence is supposed to have been hitherto para-
mount, do not feel quite confident of its continuance under
approaching altered circumstances. Even Mrs. Smashem
herself doubts whether het- counterfeit coin will pass current
under a husband's eye.—Argus.
Normanby is coming " the jail liberator" freak in Eng-
land. He has commenced at Clerkenwell. There is nothing

like accustoming oneself to all positions. His lordship's pa:
tronage of Jack Sheppard is now easily accounted,for. On
leaving the New Prison the other day, his lordship whistled
—" Nix my Dolly; pals, fake away."---Av.
It is a circumstance not generally known that the three
last pretenders of the dethroned family of the Stuarts have
recorded upon their tomb-stones, in the Cathedral Church of
St. Peter, at Rome, their pretended titles of Kings of Great
Britain and Ireland, under the names of Charles 111, James
111, and Henry IX, the last being the Cardinal who lived and
died a pensioner of George 111.
Lord Audley's estate owes £12,000 to the Mining Com-
pany of Ireland. The smelting establishment and lead works
at Ballycorns are complete, a casting-house having been
added to the works, in order to secure for the company or-
ders for cast lead, now preferred by architects to milled lead.
The Glenpatrick Slate Quarry is to be surrendered to the
proprietor, MiSs.Osborne. There are favourable returns
front the Killaloe • State Quarries ; but it has been thought
advisable to withdraw all consignments of slates for sale, and
to close the. Company's ya►Yls at Limerick and Dublin, rely-
ing altogethei.upon sale at the quarries and wholesale orders.
Limerick Standard.

..REPtIVAENTATION bF CIIy.OIIRE.—An active canvass has
for some time been going on-in both divisions of this county,
on the part of the supporters respectively, of the Hon. E. J.
Stanley and George \Vilbrahatn, Esq. ; and of their oppp-;
nents, on behalf of George Cornwall Legh, Esci., and .1.
Tollemache, Esq. • Our contemporaries have positively main-
tained the certainty of -the success of each party, according
as they have been moved by their political hisses, thus pruv-
ing, if their opinions, were honest, that,tl-Aew means of infor,
mation were 'very
,defective.:, •We eanlibtpreten4 to 4POak
poSitively, but, if the conservatives are true to themselves,
db not think there is much'doubt as to the result.-11fac-
'1e.field'eortiier.
OPENING or A NEAV PO)IgjI CHAPEL AT OVER DAR-
NV,:N.—On Thursday last a new Popish Chapel was opened
..at:Over Darwen : as we did not witness :the.. perforxnanceS
litbich took place on the occasion wigpagpt_ gratify Dur.read_
era witlian account of them.-- may be observed-that-Div-
. iven hai heretofore been remarkabletibriptiiity'frOm the Ro-
Man heresy,, but the Romanists, who"are- 'running as ser-
pents," act on a principle Which- oui'Protestant government
would do w4l4.9,44itate,,andAegtAnawhocises around which
epkver4B, may gather. In Irelatgi voilWhig Ministers, out of
-their- exceedingly-bightreprd for tla interests of the .Na.,
tiOnal Church,. would fain destroy that Church in every parish
,where a certain nuinber of ,Protestants do not already exist.
Fas est ak hoste doeeri is a Itacknied motto, which we Pro-
testants would do well to pay some attention to.—Blackburn,
Standard. . , ,

ASTONISHING' SPEED.—Thelus, one of the most pow-
erful locomotive engines on the Great Western Railroad, was
employed to bring up th6"Dispatch express on Saturday night
from Monmouth. The Lotus having waited the arrival of
the express boy at the Twyford station, the engineer imme-
diately set the machine in motion, and completed ten miles
in seven minutes ; he then (knowing that there was a train
about three quarters of an hour in advance of him, and that
the ./Eo/us would overtake it) lessened his pace, but, never-
theless, performed fifteen miles in fourteen minutes. The
speed was again slackened, and the ./Eolus approached the
terminus at the same instant with the train ! < Had there been
no impediment, the whole distance, thirty-two miles, would
have been done in twenty-five minutes. In point of speed,
the Dispatch express has never been surpassed, and we doubt
whether it has been equalled.
THE.ROYAL MARRTAGE.—The following sentiments upon
the subject of marriage are extracted from the Socialist,
whose author, Mr. Owen, was lately introduced to the. Queen'
.as one of her loving subjects, by her Prime Minister, the de-
fendant in Norton v. Melbourne:—" In social communities

the irrational sounds of husband and wife, parent and
will not be heard. In the new moral world there will be no
public worship, no forms and ceremonies !" no public prayers!
no gloom !no mortification of the flesh or spirit !" * *
" Marriage is the sole, cause of all prostitution ; it is a Sa-
tanic device of the priesthood to keep mankind within their
slavish superstitions. There is, however, no hope for you
whatever until you acquire sufficient strength of mind to over-
come this evil, and openly denounce it both in principle and
practice—until you put away from among you and your chil-
dren this accursed thing, you will never know what real hap-
piness is."

WARLIKE PREPARATIONS AGAINST CHlNA.—There is
no question but that government have determined to take
active measures against the Chinese, and that the month
will not pass away without our dealing with the Celestials
as becomes their long-continued insolence, not only to this
country but to all other nations trading with them. The
Blenheim, 72, Blonde, 46, and Andromache, 28, all de-
stined to reinforce the East India station, are nearly ready
for sea, and will go out of harbour in a few days. These
ships take as many flat-bottomed boats for the landing of
troops as they can stow, and also as much ordnance stores
and missiles as their magazines will hold. They should take
also, flat boats in frame of a character to be able to carry the
10-inch hollow shot guns, as we learn that, above Wampoa,
the river leading to Canton has only 11 feet water; there-
fore, none but our smallest men of war can reach that city ;
and then only by discharging water, ballast, stores, and every
weighty article. Orders are received at Woolwich for the
embarkation in these ships mentioned of a captain and lieute-
nant, and a strong party of Royal Artillery, who are to take
with them rockets of the largest magnitude, Shrapnell shells,
&c. and they will be here in a few days. Sixty marines, with
an officer, are also to embark on board the Blenheim, as su-
pernumeraries.—Hampshire Telegraph.

THE PRIVILEGES 0, THE HOUSE OF COMMONS.—The

Standard thus expresses itself on the subject of the breach
of privilege question :—" Should the House of Commons be
compelled to yield, or should it yield voluntarily, to the force
of reason, and the authority of that law by which ii has its
existence, in either case the house must sink more or less in
the estimation of the people, although undoubtedly a volun-
tary submission would cause the less htimiliatiOn. On the
other hand, should the house prevail against the Court
of Queen's Bench, the consequences would be far wore
lamentable. No man can conceal from himself that the dis-
pute is a dispute between the House of Commons on the
one side, and the law itself on the other." The Courier, in
a leading article on the privilege, question, observes :—" The
very necessity of the special privileges pleaded for and exer-
cised by the legislature, requires that they be clearly defined
and placed beyond the power of misconstruction, whether of
those who maV have to adjudicate upon, or those who have
to obey them. From the conflicting opinions in the case of
Stock dale v. Hansard, on which the ablest lawyers on all
sides are at issue and, above all, on which the supreme court
of law has decided adversely to the claim of the commons,
it is placed beyond doubt that the question is not without its
complications, although the balance of evidence tells decided
against the house."
CURIOUS CASE FOR THE CROWN LAWYERS. -We
learn, that on Saturday night the revenue-cutter Jackson,
Captain Bicker, was ordered by the collector of this port to
proced to sea in pursuit of the packet-ship George Washing-
ton, whose letters and papers were received in town on
Friday last, but the vessel herself held off and on the Hook
for the purpose of escaping the duties of the present year.
It will be recollected that this packet has sailed from Liver-
pool for several years past in the early part of December,
under contract not to enter New York until after the Ist of
January, in order to take the benefit of the usual 10 per cent.
reduction in duties, which have taken place for several years
past in the tariff laws. Mr. Swartwoq constructed the law
in favour of this, but Mr. Hoyt the reverse. We are not
sure but he intends, to condemn the whole cargo and vessel,
valued at 600,000 dollars, for a violation of the revenue laws,
if the fact warrant it. It is also doubted by some, whether,
under the facts of her arrival outside—sending up her letter
bags and papers—and then going again to sea, for the purpose
alleged, do not also vitiate her policy of insurance. If any
accident should take place, we are informed, that one of the
Insurance Companies would contest the question. It will
be recollected, that the brig Hebe fell in with the George
Washington about forty-five miles S. E. of Sandy Hook,
and there put on board her letters and papers to be delivered
in town. The question is whether the George Washington
was on the high seas, or in the waters of New York ? or
whether the act of sending her papers to town is an evasion
of the revenue law for 1839 ? At any rate, the fees accruing,
both to Mr. Hoyt and Mr. Butler, the crown officers, by
testing the question, are valuable items in their perquisites,
equal to the " pickings and stealings."—New York Morn.
ing Herald, of Dec. 3.

THE LATE GALES.

During the last few days the weather at Liverpool has been
exceedingly rough and hoisterous, with alternations of calm,

and, for the season of the year, warm and beautiful weather.
After continuing thus capricious during several days, on Fri-
day night the weather appeared to have settled into a calm,
which bade fair to he durable. A change, however, speedily
took place, and Saturday was dark, wet, and gusty. To-
wards night the wind.rose to a gale, which, with occasional
intermissions of short duration, increased till Sunday morn-
ing. During the early part. of Sunday morning the weather
was what seamen call squally, the storm blowing with much
vehemence,- and occasionally increasing to heavy gusts. A.
few minutes afterfour in the afternoon it increased to a hur-
ricane, which continued during about fifteen minutes. It
then,abated to a steady but rather heavy gale which conti-
nued during the whole of the night and the early part of
Monday., In the afternoon of the last-mentioned day, fre-
quent symptoms were manifested that the storm was on the
increase. The barometer, before low, fell considerably, and
the frequent strong gusts damped the feelings of some who
had cherished hopes that the tempest was abating. such
was the violence of the wind towards midnight and shortly
afterwards, when the tide was at flood, that many families
residing in the more exposed situations near the town, either
did not retire to rest at all, or, having done so, arose and
kept watch during the night. Of Monday night, from its
greater intensity and steadiness, we are inclined to treat as
distinct from those which preceded it, and in some of its
characteristics it resembled that of the 7th January last.
Like that terrible tempest, it rose in the south-east, gradual-
ly increased in violence as it wore round to the south and
south-west, and ultimately settled in the west. In the latter
point it fixed about midnight, and, fearfully as it then blew,
it rather increased for about two hours, when there was a
short lull. This, however, seemed but to be a pause to ena-
ble the wind to gather strength ; for it returned with renewed
violence, and about three o'clock on the morning of Tuesday
it was terrific. During a full hour it blew with such fury,
that those whose dwellings were in exposed situations, ap-
prehended a repetition of something like the extensive da-
mage caused by the visitation of last year. Fortunately the
damage done on shore was trifling : a few chimney pots were
blown down in the vicinities of Everton and Kirkdale, and a
few squares of glass were broken. So far as is at present
known, the damage to the shipping on this part of the coast
has-been inconsiderable.

The hurricane spoken of as having occurred at three
o'clock, settled down into a steady but heavy gale, which
continued till noon, when there were again indications that
the weather was changing for the worse. The tempest seem-
ed to come, as it frequently does, on the top of the tide,
which was the highest of the month, being a nineteen feet
tide. So far, however, from abating with the reflux of the
sea, which seamen frequently expect to be the case, the gale
increased. It was floo about one o'clock. and from that
l time till three the wind Mew a tornado ; and we have heard
many express an opinion that the gale at this period was the
heaviest that was ever experienced in Liverpool. In this
arininA, however, we cannot concur.
The river, between one and three o'clock on Tuesday af-
ternoon, presented a wildly magnificent appearance. The
tide was of course increased in height from the westerly di,
rection of the wind, and the water was nearly on a level with
the piers, over which the wind carried the spray in, a com-
plete drift, drenching those who exposed themselves so far
to the fury of the. storm. In fact, when the tide was at
flood, the billows rolled completely over the pier walls which
fronted the river, and rendered a near approach to the brink
impracticable. The force of the wind, too, was occasionally
so great, that individuals who ventured to quit the sheltering
projections where they had placed themselves, were fre-
quently whirled away without any command of their persons,
while others deprived of breath, baffled by the rush of the
wind against which they had not the slightest chance of
stemming, made a precipitate retreat. The Camera Obscura
on the George's pier, which has more than once been blown
away, and which, in the storm of last year, was shivered to
fragments, bore the gale bravely. The floating wooden
landing slips were knocked to and fro in a manner that ex-

cited considerable apprehensions for their safety. Some-
times they were completely buried in the frothy waters, but
they rose again to be again buffeted, and they stood all the

force of wind and water gallantly, though their unwieldy
proportions did not promise such worthy behaviour. The
ferry steamers, during the period of which we are speaking,
suspended their operations, and we believe we are correct in
stating that but few trips were made in the course of the
afternoon.
The terrible effects of the storm of the 7th of January, last

,
year, have necessarily made many of the inhabitants of the
town tremblingly apprehensive at every token indicating a
repetition of that fearful ecene ; but we are happy •to state
that, thus far, both the town and the shipping have escaped
almost unscathed. We have only heard of one accident of a
serious nature, on shore. At three o'clock on Tuesday
afternoon, as a woman named Mary Garrick, a fruit vender,
was sheltering from the s'everity of the gale in the rear of a
landing waiter's hut, on the south quay of the Waterloo
Dock, a furious gust of wind overturned the hut upon her.
A police-officer and several men instantly raised the hut, and
extricated the poor woman, who was severely injured. She
was conveyed to the Northern Hospital, little hope being
entertained of her recovery.
On Tuesday, about two o'clock in the afternoon, shortly
after high water, when the gale was at the highest and the
river very, rough, a boat, with four seamen, named Robert
Cawson, William West, John Petterson, and Evan Owens,
left the government packet Medusa, for the purpose of mak-
ing a rope fast, to a mooring-buoy, opposite the George's
Pierhead, on the Cheshire side of the river, but the wind and
tide being, too strong: they were unable to reach it, and were
carried down, notwithstanding they made the greatest exer-
tions in order to gain their vessel. The critical and danger-
ous position in which they were placed being observed by a
number, of individuals on the Pierhead, ropes and life-buoys
were,procured, in the hope that the poor but brave fellows
would be able to make the. George's Dock-basin ; in this at-
tempt however, they were foiled. Nothing was expected
but that the boat would itramp, and those on board meet an
untimely death. On several occasions the unfortunate crew
held up their-Oars, as. if 'supplicating aid, which were but
diml.y„yisible through' the' spray continually lashieg over
tlierns;,,while the boat,was.tessed from one billow to another,
and owing, at each succeeding dash, to be engulphed be-
tween the wares.. Hope' eheered the hardy 'crew to ferther
-exertions, and byjgciod jmanagement they kept. the bow of
theirliitle•craft to the wave. In this state they, were rapidly
clijiyr ilown the river; followed' by hundreds, on the 'Prince's"
Ater who.exhibited thekeenest anxiety.for the safety of
the our 'nee, a number of persons carrying, with them mikes
and life-buciv:i. wis'at laifdriYen against ilie:seas
wall at the Waterloo Dock, and lines being thrown
the four seamen were happily larded safe. to the great joy of.
those who had'So'iiii'xioirily watched their fearful situation.
The boat was 'aftervv;u4s hauled round to the Prince's Mee.'
basin,. being very slightly damaged. , • , •
The mine day, the schooner' Mary Anne, Of this port, Ted:
furd, commander, inward bound from Dundalk, with a cargo'
of seeds and oatmeal, was driven on shorn opposite Breckell's
mill, about half-past two o'clock. She is the property of.
Messrs. Battersby and Macfold. She had not sustained any
considerable damage. The Red Rover, from Newfoundland,
was also driven ashore opposite Waterloo, in the early part
of the day. All hands safe.
During the gale of wind on Tuesday, two pilots unfortu-
nately lost their lives by drowning, in the Mersey, abreast of
the Magazines. They were stowing away their mainsail on
board the boat, No. 5, when the gaff fell to the leeward, and
knocked a man named Robert Lloyd overboard. Four of
the hands, named John Jones, Mark Hudson, Edward
M'Alister, and John M`Clunkey, put off in the punt to his
assistance. The sea ran so highthat'they, could not get back
to the boat, and ran alongside the ship Majestic, when the
boat swamped; The crow of the ship saved all of them but
Hudson. The mate, whose. name we do not know, and the
pilot on board, Hugh OWens, letting themselves down the
vessel's side and over the stern by ropes, in a most daring
and adventurous ulanner to rescue the unfortunate immersed'.
Hudson was seed for ten minutes or a quarter of an hour, a
long way a-stern, holding tb'a rope which had been thrown
to him. The mate of the ship got hold of him, but was
obliged to let go. Lloyd sunk before the punt could reach
him, Ile was `a tinkle man. Hudson has left a wife and
child. They .were. etiCh about twenty:six or twenty-seven
1 years old. Lloyd as an apprentice.
Part Uf t.w
he weebk`Of of Woodbridge, was flashed
ashore at 'Leasowe Castle. The
,stern of the same vessel was
washed up at the-Canning Dock gut.
The Dock. Cornmittee, we learn, sent out a steamer to as-
certain the state of the light-ships. The sea, however, ran
so high that the steamer could not get alongside of either of
hem, as she at first intended. She reported, however, that
they were all secure, and would, without doubt, be enabled
to ride out the gale.
BLACKBURN.-7-During the last few days we have had ex-
ceedingly boisterous weather, and, yesterday the wind from
the west and north-west increased until it blew a gale.
In various parts of the town slates have been blown from the
buildings, and we believe a chimney was blown down at St.
Albans ; but we are happy to state that no serious accident
has occurred.—Blackburn Standard.
Grisoow.—The boisterous weather which, since our last,
has occasionally amounted to a hurricane, must, we fear,
have proved very disastrous at sea. On Saturda .• night and
Sabbath morning it blew terrifically, and the streets of the
city were, 'in consequence, here and there strewn with frag-
ments of chimney tops, slates, &c. Throughout the day the
wind came in sudden gusts, while the rain fell heavily ; and
in the evening, about half-past ten, a very loud clap of thun-
der broke over the city. Betwixt four and five yesterday
morning several thunder claps were again heard, the light-
ning being exceeding vivid. We understand that the Royal
Sovereign, which sailed from the Broomielaw for Liverpool
on Saturday, did not proceed any farther than Greenock.—
Scottish Guardian.
LONDON.--Yesterday (Tuesday) the metropolitan and
suburban districts were visited by as severe a gale of wind as
we have experienced for some winters past. In the fore-part
of the day it blew tremendously hard from the south-west,
accompanied by heavy showers of rain ; the weather, how-
ever, between the showers, was very fine, the sun shining
cheerfully. As usual upon such occasions, we regret to say
that many accidents have happened owing to the violence of
the wind, particularly on the river, some of which have been
attended with fatal results. Considerable loss and damage
of property have also taken place amongst the numerous craft
on the river. About mid-day several deeply-laden coal-
barges 'were swamped off the south shore between Dlackfriars
and Waterloo Bridges. At Millbank similar loss of property
took place, as well as at Chelsea and other places up the river.
Between 10 and 11 o'clock in the morning a barge, laden with
grain, sank between Battersea Bridge and Wandsworth, and
it was with the utmost difficulty that the two men and a boy
that were onboard could save their lives, which was effected
by a boat reaching the spot just as the barge sank and pick-
ing them up. About three o'clock in the afternoon a boat,
containing two watermen, was upset off Lambeth church, by
coming in violent collision with a barge which was drifting'
• -with the tide in the centre of the river. Several boats put off
instantly, and succeeded in picking up one ; the other poor
fellow, a young man about 20, was drowned. Another fatal
accident occurred near Putney Bridge to a lad, named Holmes,
who was on the'river with his uncle in aftking boat, While
assisting in hauling in the net a violent gust of wind blew him
overboard, • and he unhappily perished, On shore much
damage has been sustained ; stacks of chimnies were. blown
down in various parts of the town, and in the Parks. con-
siderable damage has been done, particularly amongst the
young plantations near Grosvenor--gate,„ Hyde Park.—
Standard of Wednesday.
FATAL. OCCURRENCE ON THE RIVER YESTERDAY
DURING THE GALE.—As the Comet, Gravesend steamer,
was going down the river yesterday morning, at 10 o'clock,
her captain (Smith) and crew perceived, as they were passing
through Erith Reach, a man floating on a plank of about 10
1 feet long and 14 inches wide. The man was not descried
' until the steamer had 'passed him, and in consequence of the
state of the weather and the water, it was with great difficulty
that she was enabled to tack round and approach near enough
, to pick him up. The poor fellow said his name was Piper,
that he bad been nearly an hour in the water, and belonged
to the sailing barge William, of London, the property of Mr.
Marsden, 'of Eas—lane, Rotherhiter which was capsized that
morning4* the gale in Erith Reach, and that her captain,
Sanock, was drowned—Standard of Wednesday.
EnirOlinwir,—Vi7e have had very stormy weather here
during the laSt few days.. On Saturday night, SUnday, and
Sunday night especially, the wind blew with great fury from
the west, frequently rising to •the violence of a hurricane,
and occasionally accompanied ;with rain, hail, and snow.
Slates and chimney cans were blown from the houses in all
directions ; but we have not heard of any accident worthy
i of notice.—Scottish Standard.

The first name on the Roscrea registry is " Terence Alt,
Esq., Ringroe Cottage, parish of Ardorony, barony of LoWer
Ormond." . _ _ _ . .

POLICE INTELLIGENCE.-TUESDAY.

William Woodier, Edward Williams, Edwin Leigh, and
William Jones, were charged with having entered the house
of Mr. Conolly Thomas Hamilton, Brunswick-vale, &ode-
lane; on Sunday morning, whilst the family were attending.
divine service, and stolen therefrom a quantity of valuable
plate.—Mr. Wardle, solicitor, appeared for the prisoners.
Jane Jones stated, that she resided in the capacity of house-
servant in the family of Mr. Hamilton. On Sunday morn-
ing last, while the family were absent at church, she went
out also to attend church. She left the house at twenty
minutes before eleven o'clock. No person remained in the
house. She went out at the front door, which, fastens by a
snap latch. She did not lock the door. She returned about
half-past twelve o'clock, and found a person uanie.d Trafford.
(a witness in the case) standing in the road. He gave her
some information. She went into the house by the front
door, and proceeded to the kitchen door, which she found
unbolted. She had bolted it on the outside previous to going
out. She had also locked the doors of the two bed-rooms,
and placed the keys in a parlour, the door of which she locked,
and took the key with her. She unlocked the parlour door,
and found the keys where she had left them.. She proceeded
up stairs, and found both the bed-room doors open. She
went into Mr. Hamilton's room, where she missed three sil-
ver table-spoons, five silver tea-spOons, three silver dessert-
spoons, six silver forks, and two silver salt-spoons, from a
basket which she had placed that morning on a chair. She
found also that a box, in which plate was kept, had been re-
moved from under a bed, and left in the middle of the room.
This box had been forced open. She found in the room a
pair of tongs, a poker, 'and a carving-knife, which had been
removed from the kitchen. The box bad had the plate in it,
l'but there was nothing left in it but table linen.
Mrs. Hamilton stated, that on Friday week she put into
the plate-box, in her husband's bed-room, three silver ladles,
six silver table-spoons, nine silver dessert-spoons, twenty-
three silver forks, one pair of plated candlesticks, and a pair
of snuffers. She locked the box, and placed the key in her
pocket. The box was placed under the bed. On Saturday
she saw the box there. Shortly after ten o'clock, on Sun-
day morning last, they went to church, leaving the servant
Jane Jones in the house. They returned shortly after one
o'clock, and were informed of the robbery. She went into
the bed-room, and saw that the plate chest had been broken
open, and all the plate taken away. The value of the pro-
perty was about £3O.
John Neale stated that he kept a public-house in Bootle-
lane, about two hundred yards from Mr. Hamilton's house.
On Sunday morning last, about twenty minutes before eleven
o'clock, he was in his house when the prisoner William
Woodier entered and asked for a glass of ale, with which he
was served. He remained in the house a minute or two and
then went out. Witness knew the prisoner, as he had been
pointed out to him as a bad character : he therefore desired
his wife to notice him. The prisoner turned up the lane in
the direction of Bootle, and. went about fprty yards, where hp,
joined tvo other men. Witness watched him through a win-
dow, te.,l saw the prisoner Edward Williams advance towards
his (witness') house in a hurry. He passed it, and then
beckoned to the two other men. They crossed the road to-
wards him, and witness immediately went to another window
where he could see further down the road. He saw the pri-
soner Williams receive something from Woodier, who ad-
vanced quickly towards witness' house. Witness left the
window and went into the lobbY. The prisoner Williams en-
tered the house and asked for a glass of ale, with which his
(witness') daughter served him. He drank it standing in the
lobby, and immediately departed. He went towards the other
three, who advanced a little nearer to the house, and joined
them. All four then went away in the direction of Mr. Hamil-
ton's house. Witness went out in about five minutes to look
after them, but could not see them, nor (lid lie see them again
till they were in custody. Witness was quite sure the pri-
soner Edwin Leigh was one of the men who passed his house
with the two other prisoners Williams and Woodier, and he
had then a red handkerchief round his neck, similar to that
produced. He had also a top coat on.
James Trafford, a miller, residing in Bond-street, stated,
that on Sunday morning last, about nine o'clock, he left his
house for the purpose of taking 'a walk. He went up the
canal as far as the Bootle Coffee-house, and then turned to
come through Bootle. He was passing Mr. Hamilton's
house about eleven o'clock, when he saw six men standing
together, about twenty yards therefrom. He passed them,
and noticed them sufficiently to make him quite sure that
the prisoners, Woodier, Leigh, and Jones, were three of
them. Witness went on about fifty yards, and then turned
and looked at them. Two of the men passed him and went
to the end 'of a lane, where they stopped. Witness went to
a hay-stack, and lay down in such a position that he had a
view of every house in Brunswick-vale. When he got there
he only saw two men, and they were walking backwards and
forwards in front of Mr. Hamilton's house. About ten mi-
nutes elapsed when he saw two men come out of Mr. Hamil-
ton's house and join the two men that were walking about.
They turned away to the left, upon which witness left his po-
sition near the hay-stack, when he saw the other two men at
the end of the lane. They turned up a small lane that leads
into the Walton road. Witness pdssed on into Kirkdale
road, thinking they would go that way. The three prisoners,
Woodier, Leigh, and Jones, passed him, and went along
Boundary-road. Leigh was carrying his top coat over his
arm. Witness returned to Mr.- Hamilton's house and re-
mained there till Jane Jones, the servant, returned home.
He told her his suspicions, and went into the house with her,
and found matters as she had described them. He afterwards
went to the police-office and gave information of the robbery,
and described the men. He knew Woodier by name, and
gave information of his name at the police-office.
Lloyd, a constable, and Cottam, a police-inspector, de-
scribed the apprehension of the prisoners, and stated that
none of the stolen property was found upon them.
They were all committted for trial.
WEDNESDAY.
CRUELTY TO A NEGRO, AND ASSAULT.

Thomas Robinson, a young and broad-shouldered seaman,
was placed at the bar, charged with having committed an
assault on Mr. Walter Smith. The latter stated, that he
was on duty at one of Harbord's warehouses, when he saw

five or six sailors cruelly ill-treating a black man. Annoyed
at their conduct, lie went and-reenonstrated with them. They
resented his interference, and one*of them put himself in a
fighting attitude. •As they, pontinaed: their sport at the ex-
pense of the poor negP6, he requested them to- desist. The
prisoner asked him if he were going to take the part of
darkv, and, without. waitinz for a reply, put himself before
him (Mr. Smithy in a boxing attitude, arid struck at him
fiercely sevuralAimes.!,,lie 'received one blow on his neck,
which had injAe,cl hi99--Ky,,erely. was. at first very bad,
'brit he had Infctleedhe's teAt, Which had relieved it. The pri-
soner denied &Wit Ilitid:foitehed the black man. Mr. Smith
id,4,he could, limpihrpnlo, the negro as a witness, his
appearance and torn apparel would have shown how he had
been ill-treated. He iiishetrit to= be understood, that he bad
not brought the prisoner-;.there'' so much to gratify any
resentful feeling of his ova, as. to show the prisoner that a
black MEM wakAidt 'to be'lll-treaied any more than a white
one. .Police-othcelA,:,confirmed Mr. Smith's' statement
The prisoner was fine five shillings and costs. In default
of payment, he *as sentenced to be imprisoned seven days.
YESTERDAY. '
STEALING A WATCH.—SINGULAR CASE.
Henry Aaron, a Jew, was brought up charged with having
a stolen watch in his possession.' It appeared that the de-
fendant, who is a hawker of. pens, jewellery, &c., called a
day or two ago at the shop' of James Lepp, .watchmaker,
Bath-street, wishing to dispose of some of his goods. Lepp
offered him a watch in exchange, but no business was trans-
acted. This morning (yesterday) defendant called again, .
when Lepp asked him if he would buy a waLch. He did not
do so, saying that be had one, width he produced. Lepp
looked steadily at the watch, and, after consulting his books,
claimed it as his property, and said that it had been stolen
from his shop. Aaron told him that he had bought it of
Mr. Jones, watchmaker, Manchester-street, for 255.-; and
took him (Lepp)• up to Jones's shop, in order to prove the
truth of his assertion. On their arrival, Lepp again declared
that the watch was his. property, but that an alteration had
been made in the dial. Jones (having heard this statement)
' then denied having sold the watch to ..the defendant, and
stated that Aaron had employed him to alter the dial and
pendulum. On the suggestion of Aaron, they then went to
the police-office, for the purpose of having the matter pro-
perly investigated ; and when there Aaron called some per-
sons who witnessed his payment of the money to Jones.
A boy, in the employ of Jones, when asked whether his
master bad sold the watch to defendant, so prevaricated in
giving his evidence, as to render it of no value, and to create
a feeling of dependence on the testimony of the defendant.
Acousin of Jones's did not see him sell the watch to defen-
dant.
At this period some persons were. despatched from the
court to make further investigation into the case ; the result
of their inquiry was not announcedin the court, but it must
have been one of favourable import to the prisoner, (who,
from his demeanour, and straightforward conduct throughout
the trial, had not the appearance of a guilty man), as, on
Mr. Rushton again taking his seat on the bench, he said,
although it was evident that a robbery had been committed,
and that the persons brought before the court had been in
very recent possession of the property ; still, from the con-
tradictory nature of the evidence, he did not feel justified in
keeping any one in custody. The prisoner was accordingly
discharged ; and, in reply to a question from Mr. Jones,
Mr. Rushton said, that the less he (Jones) said about the
matter, the better.